|
|
| To amend sections 9.06, 9.314, 107.21, 109.572, | 1 |
| 109.73, 109.742, 109.744, 109.751, 109.761, | 2 |
| 109.77, 109.802, 109.803, 118.05, 120.04, | 3 |
| 120.08, 120.52, 120.53, 121.04, 121.07, 121.08, | 4 |
| 121.083, 121.084, 121.13, 121.31, 121.37, 121.40, | 5 |
| 121.401, 121.402, 122.05, 122.051, 122.075, | 6 |
| 122.151, 122.17, 122.171, 122.40, 122.603, | 7 |
| 122.71, 122.751, 122.76, 122.89, 123.01, 123.152, | 8 |
| 124.03, 124.04, 124.07, 124.11, 124.134, 124.14, | 9 |
| 124.15, 124.152, 124.18, 124.181, 124.183, | 10 |
| 124.22, 124.23, 124.27, 124.321, 124.324, | 11 |
| 124.325, 124.34, 124.381, 124.382, 124.385, | 12 |
| 124.386, 124.392, 124.81, 125.081, 125.22, | 13 |
| 125.831, 126.05, 126.21, 126.35, 127.16, 131.33, | 14 |
| 133.06, 135.03, 135.06, 135.08, 135.32, 141.04, | 15 |
| 145.012, 145.298, 148.02, 148.04, 149.43, 150.01, | 16 |
| 150.02, 150.03, 150.04, 150.05, 150.07, 152.09, | 17 |
| 152.10, 152.12, 152.15, 152.33, 156.01, 156.02, | 18 |
| 156.03, 156.04, 166.07, 169.08, 173.08, 173.35, | 19 |
| 173.392, 173.40, 173.401, 173.42, 173.43, 173.50, | 20 |
| 173.99, 174.02, 174.03, 174.06, 176.05, | 21 |
| 307.626, 307.629, 307.79, 311.17, 319.301, | 22 |
| 319.302, 319.54, 321.24, 323.156, 323.78, 329.03, | 23 |
| 329.042, 329.06, 340.033, 343.01, 504.21, 718.04, | 24 |
| 721.15, 901.20, 901.32, 901.43, 903.082, 903.11, | 25 |
| 903.25, 905.32, 905.33, 905.331, 905.36, 905.50, | 26 |
| 905.51, 905.52, 905.56, 907.13, 907.14, 907.30, | 27 |
| 907.31, 915.24, 918.08, 918.28, 921.02, 921.06, | 28 |
| 921.09, 921.11, 921.13, 921.16, 921.22, 921.27, | 29 |
| 921.29, 923.44, 923.46, 927.51, 927.52, 927.53, | 30 |
| 927.56, 927.69, 927.70, 927.701, 927.71, 942.01, | 31 |
| 942.02, 942.06, 942.13, 943.01, 943.02, 943.04, | 32 |
| 943.05, 943.06, 943.07, 943.13, 943.14, 943.16, | 33 |
| 953.21, 953.22, 953.23, 955.201, 1321.20, | 34 |
| 1321.51, 1321.52, 1321.53, 1321.54, 1321.55, | 35 |
| 1321.551, 1321.57, 1321.59, 1321.60, 1321.99, | 36 |
| 1322.01, 1322.02, 1322.03, 1322.031, 1322.04, | 37 |
| 1322.041, 1322.05, 1322.051, 1322.052, 1322.06, | 38 |
| 1322.061, 1322.062, 1322.063, 1322.064, 1322.07, | 39 |
| 1322.071, 1322.072, 1322.074, 1322.075, 1322.08, | 40 |
| 1322.081, 1322.09, 1322.10, 1322.11, 1327.46, | 41 |
| 1327.50, 1327.51, 1327.511, 1327.52, 1327.54, | 42 |
| 1327.57, 1327.58, 1327.60, 1327.62, 1327.70, | 43 |
| 1327.99, 1332.24, 1332.25, 1343.011, 1345.01, | 44 |
| 1345.05, 1345.09, 1347.08, 1349.31, 1349.43, | 45 |
| 1501.01, 1501.05, 1501.07, 1501.30, 1502.12, | 46 |
| 1506.01, 1507.01, 1511.01, 1511.02, 1511.021, | 47 |
| 1511.022, 1511.03, 1511.04, 1511.05, 1511.06, | 48 |
| 1511.07, 1511.071, 1511.08, 1514.08, 1514.13, | 49 |
| 1515.08, 1515.14, 1515.183, 1517.02, 1517.10, | 50 |
| 1517.11, 1517.14, 1517.16, 1517.17, 1517.18, | 51 |
| 1519.03, 1520.02, 1520.03, 1521.03, 1521.031, | 52 |
| 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, | 53 |
| 1521.063, 1521.064, 1521.07, 1521.10, 1521.11, | 54 |
| 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, | 55 |
| 1521.18, 1521.19, 1523.01, 1523.02, 1523.03, | 56 |
| 1523.04, 1523.05, 1523.06, 1523.07, 1523.08, | 57 |
| 1523.09, 1523.10, 1523.11, 1523.12, 1523.13, | 58 |
| 1523.14, 1523.15, 1523.16, 1523.17, 1523.18, | 59 |
| 1523.19, 1523.20, 1531.01, 1533.10, 1541.03, | 60 |
| 1547.01, 1547.51, 1547.52, 1547.531, 1547.54, | 61 |
| 1547.542, 1547.73, 1547.99, 1548.10, 1707.17, | 62 |
| 1707.18, 1707.37, 1710.01, 1710.02, 1710.03, | 63 |
| 1710.04, 1710.06, 1710.10, 1710.13, 1724.04, | 64 |
| 1739.05, 1751.03, 1751.04, 1751.05, 1751.14, | 65 |
| 1751.15, 1751.16, 1751.19, 1751.32, 1751.321, | 66 |
| 1751.34, 1751.35, 1751.36, 1751.45, 1751.46, | 67 |
| 1751.48, 1751.831, 1751.84, 1751.85, 1753.09, | 68 |
| 1901.26, 1901.31, 1907.24, 2101.01, 2151.011, | 69 |
| 2301.02, 2301.03, 2303.201, 2317.422, 2503.17, | 70 |
| 2903.13, 2903.21, 2903.211, 2903.22, 2903.33, | 71 |
| 2911.21, 2913.46, 2921.13, 2937.22, 2949.091, | 72 |
| 2949.111, 2949.17, 2981.13, 3105.87, 3119.01, | 73 |
| 3121.037, 3121.0311, 3121.19, 3121.20, | 74 |
| 3121.898, 3123.952, 3125.25, 3301.07, 3301.073, | 75 |
| 3301.079, 3301.0710, 3301.0711, 3301.0714, | 76 |
| 3301.0715, 3301.0716, 3301.12, 3301.16, 3301.42, | 77 |
| 3301.55, 3301.68, 3302.01, 3302.02, 3302.021, | 78 |
| 3302.03, 3302.031, 3302.05, 3302.07, 3304.231, | 79 |
| 3307.31, 3307.64, 3309.41, 3309.48, 3309.51, | 80 |
| 3310.03, 3310.08, 3310.09, 3310.11, 3310.14, | 81 |
| 3310.41, 3311.06, 3311.19, 3311.21, 3311.29, | 82 |
| 3311.52, 3311.76, 3313.174, 3313.41, 3313.48, | 83 |
| 3313.481, 3313.482, 3313.483, 3313.53, | 84 |
| 3313.532, 3313.533, 3313.536, 3313.55, 3313.60, | 85 |
| 3313.603, 3313.605, 3313.607, 3313.608, 3313.61, | 86 |
| 3313.611, 3313.612, 3313.614, 3313.615, 3313.62, | 87 |
| 3313.64, 3313.642, 3313.6410, 3313.65, 3313.671, | 88 |
| 3313.673, 3313.68, 3313.713, 3313.843, 3313.976, | 89 |
| 3313.978, 3313.98, 3313.981, 3314.012, 3314.015, | 90 |
| 3314.016, 3314.02, 3314.021, 3314.024, 3314.03, | 91 |
| 3314.051, 3314.08, 3314.083, 3314.084, 3314.087, | 92 |
| 3314.091, 3314.10, 3314.19, 3314.21, 3314.25, | 93 |
| 3314.26, 3314.35, 3314.36, 3315.17, 3315.37, | 94 |
| 3316.041, 3316.06, 3316.20, 3317.01, 3317.011, | 95 |
| 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, | 96 |
| 3317.025, 3317.0210, 3317.0211, 3317.0216, | 97 |
| 3317.03, 3317.031, 3317.04, 3317.05, 3317.051, | 98 |
| 3317.053, 3317.061, 3317.063, 3317.08, 3317.081, | 99 |
| 3317.082, 3317.12, 3317.16, 3317.18, 3317.20, | 100 |
| 3317.201, 3318.011, 3318.051, 3318.061, | 101 |
| 3318.08, 3318.36, 3318.38, 3318.44, 3319.073, | 102 |
| 3319.08, 3319.081, 3319.088, 3319.11, 3319.151, | 103 |
| 3319.16, 3319.17, 3319.172, 3319.22, 3319.221, | 104 |
| 3319.233, 3319.234, 3319.235, 3319.24, 3319.25, | 105 |
| 3319.26, 3319.261, 3319.28, 3319.291, 3319.303, | 106 |
| 3319.36, 3319.41, 3319.51, 3319.56, 3319.57, | 107 |
| 3319.60, 3319.61, 3319.63, 3321.01, 3321.05, | 108 |
| 3323.05, 3323.091, 3323.14, 3323.142, 3324.05, | 109 |
| 3325.08, 3326.11, 3326.14, 3326.21, 3326.23, | 110 |
| 3326.31, 3326.32, 3326.33, 3326.34, 3326.36, | 111 |
| 3326.37, 3326.38, 3326.51, 3327.02, 3327.04, | 112 |
| 3327.05, 3329.16, 3333.04, 3333.122, 3333.123, | 113 |
| 3333.16, 3333.28, 3333.35, 3333.38, 3333.61, | 114 |
| 3333.62, 3333.66, 3333.73, 3333.83, 3334.01, | 115 |
| 3334.02, 3334.03, 3334.04, 3334.06, 3334.07, | 116 |
| 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, | 117 |
| 3334.16, 3334.17, 3334.18, 3334.19, 3334.20, | 118 |
| 3334.21, 3345.011, 3345.12, 3345.32, 3345.61, | 119 |
| 3345.62, 3345.63, 3345.64, 3345.65, 3345.66, | 120 |
| 3349.242, 3365.01, 3365.04, 3365.041, 3365.07, | 121 |
| 3365.08, 3365.09, 3365.10, 3501.17, 3701.024, | 122 |
| 3701.045, 3701.07, 3701.344, 3701.71, 3701.72, | 123 |
| 3701.78, 3701.84, 3702.51, 3702.52, 3702.524, | 124 |
| 3702.525, 3702.53, 3702.532, 3702.54, 3702.544, | 125 |
| 3702.55, 3702.57, 3702.59, 3702.60, 3702.61, | 126 |
| 3702.87, 3702.89, 3702.90, 3702.91, 3702.92, | 127 |
| 3702.93, 3702.94, 3703.01, 3703.03, 3703.04, | 128 |
| 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, | 129 |
| 3703.21, 3703.99, 3704.14, 3704.144, 3705.24, | 130 |
| 3706.04, 3706.25, 3709.09, 3710.01, 3710.04, | 131 |
| 3710.05, 3710.051, 3710.06, 3710.07, 3710.08, | 132 |
| 3710.12, 3710.13, 3712.01, 3712.03, 3713.01, | 133 |
| 3713.02, 3713.03, 3713.04, 3713.05, 3713.06, | 134 |
| 3713.07, 3713.08, 3713.09, 3713.10, 3714.07, | 135 |
| 3714.073, 3717.07, 3717.23, 3717.25, 3717.43, | 136 |
| 3717.45, 3718.03, 3718.06, 3721.01, 3721.02, | 137 |
| 3721.071, 3721.23, 3721.50, 3721.51, 3721.53, | 138 |
| 3721.55, 3721.56, 3722.01, 3722.011, 3722.02, | 139 |
| 3722.021, 3722.04, 3722.041, 3722.05, 3722.06, | 140 |
| 3722.08, 3722.09, 3722.10, 3722.13, 3722.14, | 141 |
| 3722.15, 3722.16, 3722.17, 3722.18, 3722.99, | 142 |
| 3727.02, 3729.07, 3733.02, 3733.04, 3733.25, | 143 |
| 3733.43, 3734.05, 3734.28, 3734.281, 3734.53, | 144 |
| 3734.57, 3734.573, 3734.82, 3734.901, 3734.9010, | 145 |
| 3737.71, 3743.04, 3743.25, 3745.015, 3745.11, | 146 |
| 3748.01, 3748.04, 3748.07, 3748.12, 3748.13, | 147 |
| 3749.04, 3770.05, 3773.35, 3773.36, 3773.43, | 148 |
| 3773.45, 3773.53, 3781.03, 3781.10, 3781.102, | 149 |
| 3781.11, 3781.12, 3781.19, 3783.05, 3791.02, | 150 |
| 3791.04, 3791.05, 3791.07, 3793.02, 3793.04, | 151 |
| 3901.38, 3901.383, 3901.3812, 3901.3814, | 152 |
| 3923.021, 3923.022, 3923.122, 3923.24, 3923.57, | 153 |
| 3923.58, 3923.581, 3923.66, 3923.67, 3923.68, | 154 |
| 3923.75, 3923.76, 3923.77, 3924.01, 3924.06, | 155 |
| 3924.09, 3924.10, 3929.43, 3929.67, 3953.23, | 156 |
| 3953.231, 4104.01, 4104.02, 4104.06, 4104.07, | 157 |
| 4104.08, 4104.09, 4104.10, 4104.101, 4104.12, | 158 |
| 4104.15, 4104.16, 4104.17, 4104.18, 4104.19, | 159 |
| 4104.21, 4104.33, 4104.42, 4104.43, 4104.44, | 160 |
| 4104.48, 4105.01, 4105.02, 4105.03, 4105.04, | 161 |
| 4105.05, 4105.06, 4105.09, 4105.11, 4105.12, | 162 |
| 4105.13, 4105.15, 4105.16, 4105.17, 4105.191, | 163 |
| 4105.20, 4105.21, 4112.01, 4112.04, 4112.05, | 164 |
| 4112.051, 4112.052, 4117.01, 4117.02, 4117.07, | 165 |
| 4117.12, 4117.24, 4121.125, 4123.442, 4141.08, | 166 |
| 4141.11, 4141.162, 4169.02, 4169.03, 4169.04, | 167 |
| 4171.04, 4301.333, 4301.334, 4301.351, 4301.354, | 168 |
| 4301.355, 4301.356, 4301.361, 4301.364, | 169 |
| 4301.365, 4301.366, 4301.43, 4303.182, 4303.331, | 170 |
| 4501.06, 4501.24, 4503.068, 4503.10, 4503.103, | 171 |
| 4503.19, 4503.191, 4503.235, 4503.40, 4503.42, | 172 |
| 4503.44, 4505.01, 4505.06, 4505.062, 4505.09, | 173 |
| 4505.111, 4505.181, 4505.20, 4507.03, 4507.24, | 174 |
| 4507.45, 4509.101, 4510.22, 4511.191, 4511.81, | 175 |
| 4513.021, 4513.03, 4513.04, 4513.05, 4513.06, | 176 |
| 4513.07, 4513.071, 4513.09, 4513.11, 4513.111, | 177 |
| 4513.12, 4513.13, 4513.14, 4513.15, 4513.16, | 178 |
| 4513.17, 4513.171, 4513.18, 4513.19, 4513.21, | 179 |
| 4513.22, 4513.23, 4513.24, 4513.242, 4513.28, | 180 |
| 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, | 181 |
| 4517.03, 4517.30, 4517.33, 4517.43, 4519.02, | 182 |
| 4519.03, 4519.04, 4519.44, 4519.59, 4549.10, | 183 |
| 4549.12, 4705.09, 4705.10, 4709.12, 4713.28, | 184 |
| 4713.32, 4713.63, 4713.64, 4731.10, 4731.26, | 185 |
| 4731.38, 4733.10, 4734.25, 4735.06, 4735.09, | 186 |
| 4735.12, 4735.13, 4735.15, 4740.03, 4740.11, | 187 |
| 4740.14, 4741.41, 4741.44, 4741.45, 4741.46, | 188 |
| 4755.06, 4755.12, 4757.10, 4757.31, 4757.36, | 189 |
| 4763.01, 4763.03, 4763.04, 4763.05, 4763.07, | 190 |
| 4763.09, 4763.11, 4763.13, 4763.14, 4763.17, | 191 |
| 4766.09, 4767.05, 4767.07, 4767.08, 4781.01, | 192 |
| 4781.02, 4781.04, 4781.05, 4781.06, 4781.07, | 193 |
| 4905.06, 4919.79, 4923.12, 4923.20, 4928.01, | 194 |
| 5101.11, 5101.16, 5101.162, 5101.26, 5101.33, | 195 |
| 5101.34, 5101.47, 5101.50, 5101.5212, 5101.54, | 196 |
| 5101.541, 5101.544, 5101.571, 5101.573, 5101.60, | 197 |
| 5101.61, 5101.83, 5101.84, 5104.01, 5104.041, | 198 |
| 5104.051, 5104.30, 5104.32, 5104.341, 5104.35, | 199 |
| 5104.38, 5104.39, 5104.42, 5107.05, 5107.16, | 200 |
| 5107.17, 5107.58, 5111.01, 5111.015, 5111.028, | 201 |
| 5111.032, 5111.033, 5111.034, 5111.06, 5111.176, | 202 |
| 5111.222, 5111.231, 5111.232, 5111.24, 5111.25, | 203 |
| 5111.261, 5111.65, 5111.651, 5111.688, | 204 |
| 5111.705, 5111.85, 5111.851, 5111.874, 5111.875, | 205 |
| 5111.89, 5111.891, 5111.894, 5111.971, 5112.30, | 206 |
| 5112.31, 5112.37, 5112.371, 5115.03, 5119.16, | 207 |
| 5119.61, 5120.032, 5120.033, 5120.09, 5120.135, | 208 |
| 5122.31, 5123.049, 5123.0412, 5123.0413, | 209 |
| 5126.044, 5126.05, 5126.054, 5126.055, | 210 |
| 5126.0512, 5126.19, 5126.24, 5139.43, 5501.04, | 211 |
| 5502.01, 5502.12, 5502.14, 5502.15, 5505.15, | 212 |
| 5701.11, 5703.05, 5703.37, 5703.80, 5705.214, | 213 |
| 5705.29, 5705.341, 5705.37, 5709.62, 5709.63, | 214 |
| 5709.632, 5711.33, 5715.02, 5715.251, 5715.26, | 215 |
| 5717.03, 5717.04, 5725.18, 5725.98, 5727.84, | 216 |
| 5728.12, 5729.03, 5729.98, 5733.01, 5733.04, | 217 |
| 5733.98, 5735.142, 5739.01, 5739.02, 5739.03, | 218 |
| 5739.033, 5739.09, 5739.131, 5743.15, 5743.61, | 219 |
| 5747.01, 5747.113, 5747.13, 5747.16, 5747.98, | 220 |
| 5748.02, 5748.03, 5749.02, 5749.12, 5751.01, | 221 |
| 5751.011, 5751.012, 5751.013, 5751.03, 5751.04, | 222 |
| 5751.05, 5751.051, 5751.06, 5751.08, 5751.09, | 223 |
| 5751.20, 5751.21, 5911.10, 5913.051, 5913.09, | 224 |
| 6103.01, 6103.02, 6109.21, 6111.044, 6117.01, | 225 |
| 6117.02, and 6119.011; to amend, for the purpose | 226 |
| of adopting new section numbers as indicated in | 227 |
| parentheses, sections 173.43 (173.422), 1517.14 | 228 |
| (1547.81), 1517.16 (1547.82), 1517.17 (1547.83), | 229 |
| 1517.18 (1547.84), 3313.174 (3313.82), 3319.233 | 230 |
| (3333.049), 3334.03 (3334.031), 3701.71 | 231 |
| (3727.05), 3701.72 (3727.051), 3727.04 | 232 |
| (3727.053), 3727.05 (3727.04), 5101.5110 | 233 |
| (5101.5111), 5111.019 (5111.0120), and 5111.688 | 234 |
| (5111.689); to enact new sections 173.43, | 235 |
| 3301.0712, 3319.222, 3334.03, 5101.5110, and | 236 |
| 5111.688 and sections 9.317, 111.26, 111.27, | 237 |
| 117.54, 121.16, 121.375, 122.042, 122.12, | 238 |
| 122.121, 122.85, 123.154, 124.821, 124.822, | 239 |
| 124.86, 125.20, 125.24, 148.05, 149.308, 150.021, | 240 |
| 150.051, 153.013, 173.28, 173.402, 173.403, | 241 |
| 173.421, 173.423, 173.424, 173.425, 173.431, | 242 |
| 173.432, 173.433, 173.434, 173.501, 173.70, | 243 |
| 311.32, 737.39, 901.041, 901.91, 927.54, 943.031, | 244 |
| 1321.521, 1321.531, 1321.532, 1321.533, 1321.534, | 245 |
| 1321.535, 1321.536, 1321.552, 1321.591, 1321.592, | 246 |
| 1321.593, 1321.594, 1321.595, 1322.022, 1322.023, | 247 |
| 1322.024, 1322.065, 1327.501, 1327.71, 1513.021, | 248 |
| 1547.02, 1547.85, 1547.86, 1547.87, 1751.68, | 249 |
| 2315.50, 3119.371, 3301.122, 3301.80, 3301.81, | 250 |
| 3301.82, 3301.83, 3301.90, 3306.01, 3306.011, | 251 |
| 3306.012, 3306.02, 3306.03, 3306.031, 3306.04, | 252 |
| 3306.05, 3306.051, 3306.052, 3306.06, 3306.07, | 253 |
| 3306.08, 3306.09, 3306.091, 3306.10, 3306.11, | 254 |
| 3306.12, 3306.13, 3306.14, 3306.15, 3306.16, | 255 |
| 3306.17, 3306.18, 3306.19, 3306.191, 3306.192, | 256 |
| 3306.21, 3306.22, 3306.25, 3306.29, 3306.291, | 257 |
| 3306.292, 3306.30, 3306.31, 3306.32, 3306.321, | 258 |
| 3306.33, 3306.34, 3306.35, 3306.40, 3306.50, | 259 |
| 3306.51, 3306.52, 3306.53, 3306.54, 3306.55, | 260 |
| 3306.56, 3306.57, 3310.15, 3311.0510, 3313.485, | 261 |
| 3313.821, 3313.822, 3314.028, 3314.031, 3314.052, | 262 |
| 3314.075, 3314.102, 3314.191, 3314.192, | 263 |
| 3314.39, 3314.42, 3314.43, 3314.44, 3317.018, | 264 |
| 3318.312, 3319.223, 3319.611, 3319.612, 3319.70, | 265 |
| 3319.71, 3321.041, 3333.048, 3333.39, 3333.391, | 266 |
| 3333.392, 3333.90, 3333.91, 3334.032, 3334.111, | 267 |
| 3345.36, 3353.09, 3353.20, 3354.24, 3365.12, | 268 |
| 3375.79, 3701.0211, 3701.136, 3701.611, 3702.592, | 269 |
| 3702.593, 3706.35, 3709.092, 3710.141, 3715.041, | 270 |
| 3721.511, 3721.512, 3721.513, 3722.022, 3727.052, | 271 |
| 3734.282, 3793.21, 3903.77, 3923.241, 3923.84, | 272 |
| 3923.90, 3923.91, 4113.11, 4113.81, 4113.82, | 273 |
| 4113.83, 4113.84, 4113.85, 4113.86, 4123.446, | 274 |
| 4501.243, 4501.29, 4503.563, 4582.71, 4781.16, | 275 |
| 4781.17, 4781.18, 4781.19, 4781.20, 4781.21, | 276 |
| 4781.22, 4781.23, 4781.24, 4781.25, 4781.99, | 277 |
| 4919.80, 5101.073, 5101.504, 5101.5210, | 278 |
| 5101.542, 5111.0121, 5111.236, 5111.861, 5111.88, | 279 |
| 5111.881, 5111.882, 5111.883, 5111.884, | 280 |
| 5111.885, 5111.886, 5111.887, 5111.888, | 281 |
| 5111.889, 5111.8810, 5111.8811, 5112.372, | 282 |
| 5112.40, 5112.41, 5112.42, 5112.43, 5112.44, | 283 |
| 5112.45, 5112.451, 5112.46, 5112.47, 5112.48, | 284 |
| 5119.613, 5119.621, 5119.622, 5155.38, 5505.152, | 285 |
| 5705.219, 5705.2110, 5725.33, 5729.16, 5733.58, | 286 |
| 5733.59, 5739.051, 5747.66, 5751.014, 5911.11, | 287 |
| 5919.20, 5919.36, and 6119.091; to repeal | 288 |
| sections 173.71, 173.72, 173.721, 173.722, | 289 |
| 173.723, 173.724, 173.73, 173.731, 173.732, | 290 |
| 173.74, 173.741, 173.742, 173.75, 173.751, | 291 |
| 173.752, 173.753, 173.76, 173.77, 173.771, | 292 |
| 173.772, 173.773, 173.78, 173.79, 173.791, | 293 |
| 173.80, 173.801, 173.802, 173.803, 173.81, | 294 |
| 173.811, 173.812, 173.813, 173.814, 173.815, | 295 |
| 173.82, 173.83, 173.831, 173.832, 173.833, | 296 |
| 173.84, 173.85, 173.86, 173.861, 173.87, | 297 |
| 173.871, 173.872, 173.873, 173.874, 173.875, | 298 |
| 173.876, 173.88, 173.89, 173.891, 173.892, | 299 |
| 173.90, 173.91, 905.38, 905.381, 905.66, 907.16, | 300 |
| 927.74, 1504.01, 1504.02, 1504.03, 1504.04, | 301 |
| 1517.15, 1521.02, 1711.58, 3301.0712, 3301.0718, | 302 |
| 3301.43, 3302.032, 3314.026, 3314.085, 3314.13, | 303 |
| 3317.10, 3319.0810, 3319.222, 3319.23, 3319.302, | 304 |
| 3319.304, 3333.27, 3701.73, 3701.77, 3701.771, | 305 |
| 3701.772, 3702.511, 3702.523, 3702.527, | 306 |
| 3702.528, 3702.529, 3702.542, 3704.143, 3724.01, | 307 |
| 3724.02, 3724.021, 3724.03, 3724.04, 3724.05, | 308 |
| 3724.06, 3724.07, 3724.08, 3724.09, 3724.10, | 309 |
| 3724.11, 3724.12, 3724.13, 3724.99, 4517.052, | 310 |
| 4517.27, 4735.22, 4735.23, 5101.072, 5111.083, | 311 |
| 5111.178, 5145.32, and 5923.141 of the Revised | 312 |
| Code; to amend Sections 205.10, 321.10, 325.20, | 313 |
| and 327.10 of Am. Sub. H.B. 2 of the 128th | 314 |
| General Assembly; to amend Section 269.60.60 of | 315 |
| H.B. 119 of the 127th General Assembly and to | 316 |
| amend Section 269.60.60 of H.B. 119 of the 127th | 317 |
| General Assembly to codify the Section as | 318 |
| section 3314.38 of the Revised Code; to amend | 319 |
| Section 6 of H.B. 364 of the 124th General | 320 |
| Assembly and to amend Section 6 of H.B. 364 of | 321 |
| the 124th General Assembly to codify the Section | 322 |
| as section 3314.027 of the Revised Code; to | 323 |
| amend Section 309.10 of Am. Sub. H.B. 2 of the | 324 |
| 128th General Assembly; to amend Section 317.10 | 325 |
| of Am. Sub. H.B. 2 of the 128th General Assembly; | 326 |
| to amend Sections 103.80.80, 103.80.90, and | 327 |
| 301.10.50 of H.B. 496 of the 127th General | 328 |
| Assembly; to amend Section 11 of Am. Sub. H.B. 554 | 329 |
| of the 127th General Assembly; to amend Sections | 330 |
| 233.40.30, 233.50.80, and 701.20 of H.B. 562 of | 331 |
| the 127th General Assembly; to amend Section | 332 |
| 831.06 of H.B. 530 of the 126th General Assembly; | 333 |
| to amend Section 4 of H.B. 516 of the 125th | 334 |
| General Assembly, as subsequently amended; to | 335 |
| amend Section 153 of Am. Sub. H.B. 117 of the | 336 |
| 121st General Assembly, as subsequently amended; | 337 |
| to repeal Section 325.05 of Am. Sub. H.B. 2 of the | 338 |
| 128th General Assembly; to amend the version of | 339 |
| section 2949.111 of the Revised Code that is | 340 |
| scheduled to take effect January 1, 2010, to | 341 |
| continue the provisions of this act on and after | 342 |
| that effective date; to amend the version of | 343 |
| section 5739.033 of the Revised Code that is | 344 |
| scheduled to take effect January 1, 2010, to | 345 |
| continue the provisions of this act on and after | 346 |
| that effective date; to amend sections 5104.01 | 347 |
| and 5104.38 of the Revised Code, effective July | 348 |
| 1, 2011, to revive the law as it existed prior to | 349 |
| this act; to repeal sections 5112.40, 5112.41, | 350 |
| 5112.42, 5112.43, 5112.44, 5112.45, 5112.451, | 351 |
| 5112.46, 5112.47, and 5112.48 of the Revised | 352 |
| Code, effective October 1, 2011; to make | 353 |
| operating appropriations for the biennium | 354 |
| beginning July 1, 2009, and ending June 30, 2011, | 355 |
| and to provide authorization and conditions for | 356 |
| the operation of state programs. | 357 |
| Section 101.01. That sections 9.06, 9.314, 107.21, 109.572, | 358 |
| 109.73, 109.742, 109.744, 109.751, 109.761, 109.77, 109.802, | 359 |
| 109.803, 118.05, 120.04, 120.08, 120.52, 120.53, 121.04, 121.07, | 360 |
| 121.08, 121.083, 121.084, 121.13, 121.31, 121.37, 121.40, | 361 |
| 121.401, 121.402, 122.05, 122.051, 122.075, 122.151, 122.17, | 362 |
| 122.171, 122.40, 122.603, 122.71, 122.751, 122.76, 122.89, | 363 |
| 123.01, 123.152, 124.03, 124.04, 124.07, 124.11, 124.134, | 364 |
| 124.14, 124.15, 124.152, 124.18, 124.181, 124.183, 124.22, | 365 |
| 124.23, 124.27, 124.321, 124.324, 124.325, 124.34, 124.381, | 366 |
| 124.382, 124.385, 124.386, 124.392, 124.81, 125.081, 125.22, | 367 |
| 125.831, 126.05, 126.21, 126.35, 127.16, 131.33, 133.06, 135.03, | 368 |
| 135.06, 135.08, 135.32, 141.04, 145.012, 145.298, 148.02, 148.04, | 369 |
| 149.43, 150.01, 150.02, 150.03, 150.04, 150.05, 150.07, 152.09, | 370 |
| 152.10, 152.12, 152.15, 152.33, 156.01, 156.02, 156.03, 156.04, | 371 |
| 166.07, 169.08, 173.08, 173.35, 173.392, 173.40, 173.401, | 372 |
| 173.42, 173.43, 173.50, 173.99, 174.02, 174.03, 174.06, 176.05, | 373 |
| 307.626, 307.629, 307.79, 311.17, 319.301, 319.302, 319.54, | 374 |
| 321.24, 323.156, 323.78, 329.03, 329.042, 329.06, 340.033, | 375 |
| 343.01, 504.21, 718.04, 721.15, 901.20, 901.32, 901.43, 903.082, | 376 |
| 903.11, 903.25, 905.32, 905.33, 905.331, 905.36, 905.50, | 377 |
| 905.51, 905.52, 905.56, 907.13, 907.14, 907.30, 907.31, 915.24, | 378 |
| 918.08, 918.28, 921.02, 921.06, 921.09, 921.11, 921.13, | 379 |
| 921.16, 921.22, 921.27, 921.29, 923.44, 923.46, 927.51, 927.52, | 380 |
| 927.53, 927.56, 927.69, 927.70, 927.701, 927.71, 942.01, | 381 |
| 942.02, 942.06, 942.13, 943.01, 943.02, 943.04, 943.05, 943.06, | 382 |
| 943.07, 943.13, 943.14, 943.16, 953.21, 953.22, 953.23, 955.201, | 383 |
| 1321.20, 1321.51, 1321.52, 1321.53, 1321.54, 1321.55, 1321.551, | 384 |
| 1321.57, 1321.59, 1321.60, 1321.99, 1322.01, 1322.02, 1322.03, | 385 |
| 1322.031, 1322.04, 1322.041, 1322.05, 1322.051, 1322.052, | 386 |
| 1322.06, 1322.061, 1322.062, 1322.063, 1322.064, 1322.07, | 387 |
| 1322.071, 1322.072, 1322.074, 1322.075, 1322.08, 1322.081, | 388 |
| 1322.09, 1322.10, 1322.11, 1327.46, 1327.50, 1327.51, 1327.511, | 389 |
| 1327.52, 1327.54, 1327.57, 1327.58, 1327.60, 1327.62, 1327.70, | 390 |
| 1327.99, 1332.24, 1332.25, 1343.011, 1345.01, 1345.05, 1345.09, | 391 |
| 1347.08, 1349.31, 1349.43, 1501.01, 1501.05, 1501.07, 1501.30, | 392 |
| 1502.12, 1506.01, 1507.01, 1511.01, 1511.02, 1511.021, 1511.022, | 393 |
| 1511.03, 1511.04, 1511.05, 1511.06, 1511.07, 1511.071, 1511.08, | 394 |
| 1514.08, 1514.13, 1515.08, 1515.14, 1515.183, 1517.02, | 395 |
| 1517.10, 1517.11, 1517.14, 1517.16, 1517.17, 1517.18, 1519.03, | 396 |
| 1520.02, 1520.03, 1521.03, 1521.031, 1521.04, 1521.05, 1521.06, | 397 |
| 1521.061, 1521.062, 1521.063, 1521.064, 1521.07, 1521.10, | 398 |
| 1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, 1521.18, | 399 |
| 1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, 1523.06, | 400 |
| 1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, 1523.13, | 401 |
| 1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, 1523.20, | 402 |
| 1531.01, 1533.10, 1541.03, 1547.01, 1547.51, 1547.52, | 403 |
| 1547.531, 1547.54, 1547.542, 1547.73, 1547.99, 1548.10, 1707.17, | 404 |
| 1707.18, 1707.37, 1710.01, 1710.02, 1710.03, 1710.04, 1710.06, | 405 |
| 1710.10, 1710.13, 1724.04, 1739.05, 1751.03, 1751.04, 1751.05, | 406 |
| 1751.14, 1751.15, 1751.16, 1751.19, 1751.32, 1751.321, | 407 |
| 1751.34, 1751.35, 1751.36, 1751.45, 1751.46, 1751.48, 1751.831, | 408 |
| 1751.84, 1751.85, 1753.09, 1901.26, 1901.31, 1907.24, 2101.01, | 409 |
| 2151.011, 2301.02, 2301.03, 2303.201, 2317.422, 2503.17, 2903.13, | 410 |
| 2903.21, 2903.211, 2903.22, 2903.33, 2911.21, 2913.46, 2921.13, | 411 |
| 2937.22, 2949.091, 2949.111, 2949.17, 2981.13, 3105.87, 3119.01, | 412 |
| 3121.037, 3121.0311, 3121.19, 3121.20, 3121.898, 3123.952, | 413 |
| 3125.25, 3301.07, 3301.073, 3301.079, 3301.0710, 3301.0711, | 414 |
| 3301.0714, 3301.0715, 3301.0716, 3301.12, 3301.16, 3301.42, | 415 |
| 3301.55, 3301.68, 3302.01, 3302.02, 3302.021, 3302.03, | 416 |
| 3302.031, 3302.05, 3302.07, 3304.231, 3307.31, 3307.64, | 417 |
| 3309.41, 3309.48, 3309.51, 3310.03, 3310.08, 3310.09, 3310.11, | 418 |
| 3310.14, 3310.41, 3311.06, 3311.19, 3311.21, 3311.29, 3311.52, | 419 |
| 3311.76, 3313.174, 3313.41, 3313.48, 3313.481, 3313.482, | 420 |
| 3313.483, 3313.53, 3313.532, 3313.533, 3313.536, 3313.55, | 421 |
| 3313.60, 3313.603, 3313.605, 3313.607, 3313.608, 3313.61, | 422 |
| 3313.611, 3313.612, 3313.614, 3313.615, 3313.62, 3313.64, | 423 |
| 3313.642, 3313.6410, 3313.65, 3313.671, 3313.673, 3313.68, | 424 |
| 3313.713, 3313.843, 3313.976, 3313.978, 3313.98, 3313.981, | 425 |
| 3314.012, 3314.015, 3314.016, 3314.02, 3314.021, 3314.024, | 426 |
| 3314.03, 3314.051, 3314.08, 3314.083, 3314.084, 3314.087, | 427 |
| 3314.091, 3314.10, 3314.19, 3314.21, 3314.25, 3314.26, 3314.35, | 428 |
| 3314.36, 3315.17, 3315.37, 3316.041, 3316.06, 3316.20, 3317.01, | 429 |
| 3317.011, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, | 430 |
| 3317.025, 3317.0210, 3317.0211, 3317.0216, 3317.03, 3317.031, | 431 |
| 3317.04, 3317.05, 3317.051, 3317.053, 3317.061, 3317.063, | 432 |
| 3317.08, 3317.081, 3317.082, 3317.12, 3317.16, 3317.18, | 433 |
| 3317.20, 3317.201, 3318.011, 3318.051, 3318.061, 3318.08, | 434 |
| 3318.36, 3318.38, 3318.44, 3319.073, 3319.08, 3319.081, | 435 |
| 3319.088, 3319.11, 3319.151, 3319.16, 3319.17, 3319.172, | 436 |
| 3319.22, 3319.221, 3319.233, 3319.234, 3319.235, 3319.24, | 437 |
| 3319.25, 3319.26, 3319.261, 3319.28, 3319.291, 3319.303, | 438 |
| 3319.36, 3319.41, 3319.51, 3319.56, 3319.57, 3319.60, 3319.61, | 439 |
| 3319.63, 3321.01, 3321.05, 3323.05, 3323.091, 3323.14, | 440 |
| 3323.142, 3324.05, 3325.08, 3326.11, 3326.14, 3326.21, 3326.23, | 441 |
| 3326.31, 3326.32, 3326.33, 3326.34, 3326.36, 3326.37, 3326.38, | 442 |
| 3326.51, 3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122, | 443 |
| 3333.123, 3333.16, 3333.28, 3333.35, 3333.38, 3333.61, 3333.62, | 444 |
| 3333.66, 3333.73, 3333.83, 3334.01, 3334.02, 3334.03, 3334.04, | 445 |
| 3334.06, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, | 446 |
| 3334.16, 3334.17, 3334.18, 3334.19, 3334.20, 3334.21, 3345.011, | 447 |
| 3345.12, 3345.32, 3345.61, 3345.62, 3345.63, 3345.64, 3345.65, | 448 |
| 3345.66, 3349.242, 3365.01, 3365.04, 3365.041, 3365.07, | 449 |
| 3365.08, 3365.09, 3365.10, 3501.17, 3701.024, 3701.045, | 450 |
| 3701.07, 3701.344, 3701.71, 3701.72, 3701.78, 3701.84, 3702.51, | 451 |
| 3702.52, 3702.524, 3702.525, 3702.53, 3702.532, 3702.54, | 452 |
| 3702.544, 3702.55, 3702.57, 3702.59, 3702.60, 3702.61, 3702.87, | 453 |
| 3702.89, 3702.90, 3702.91, 3702.92, 3702.93, 3702.94, 3703.01, | 454 |
| 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, | 455 |
| 3703.21, 3703.99, 3704.14, 3704.144, 3705.24, 3706.04, 3706.25, | 456 |
| 3709.09, 3710.01, 3710.04, 3710.05, 3710.051, 3710.06, 3710.07, | 457 |
| 3710.08, 3710.12, 3710.13, 3712.01, 3712.03, 3713.01, 3713.02, | 458 |
| 3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09, | 459 |
| 3713.10, 3714.07, 3714.073, 3717.07, 3717.23, 3717.25, 3717.43, | 460 |
| 3717.45, 3718.03, 3718.06, 3721.01, 3721.02, 3721.071, 3721.23, | 461 |
| 3721.50, 3721.51, 3721.53, 3721.55, 3721.56, 3722.01, 3722.011, | 462 |
| 3722.02, 3722.021, 3722.04, 3722.041, 3722.05, 3722.06, | 463 |
| 3722.08, 3722.09, 3722.10, 3722.13, 3722.14, 3722.15, 3722.16, | 464 |
| 3722.17, 3722.18, 3722.99, 3727.02, 3729.07, 3733.02, 3733.04, | 465 |
| 3733.25, 3733.43, 3734.05, 3734.28, 3734.281, 3734.53, 3734.57, | 466 |
| 3734.573, 3734.82, 3734.901, 3734.9010, 3737.71, 3743.04, | 467 |
| 3743.25, 3745.015, 3745.11, 3748.01, 3748.04, 3748.07, | 468 |
| 3748.12, 3748.13, 3749.04, 3770.05, 3773.35, 3773.36, 3773.43, | 469 |
| 3773.45, 3773.53, 3781.03, 3781.10, 3781.102, 3781.11, 3781.12, | 470 |
| 3781.19, 3783.05, 3791.02, 3791.04, 3791.05, 3791.07, 3793.02, | 471 |
| 3793.04, 3901.38, 3901.383, 3901.3812, 3901.3814, 3923.021, | 472 |
| 3923.022, 3923.122, 3923.24, 3923.57, 3923.58, 3923.581, | 473 |
| 3923.66, 3923.67, 3923.68, 3923.75, 3923.76, 3923.77, 3924.01, | 474 |
| 3924.06, 3924.09, 3924.10, 3929.43, 3929.67, 3953.23, | 475 |
| 3953.231, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, | 476 |
| 4104.09, 4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17, | 477 |
| 4104.18, 4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44, | 478 |
| 4104.48, 4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06, | 479 |
| 4105.09, 4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17, | 480 |
| 4105.191, 4105.20, 4105.21, 4112.01, 4112.04, 4112.05, | 481 |
| 4112.051, 4112.052, 4117.01, 4117.02, 4117.07, 4117.12, | 482 |
| 4117.24, 4121.125, 4123.442, 4141.08, 4141.11, 4141.162, | 483 |
| 4169.02, 4169.03, 4169.04, 4171.04, 4301.333, 4301.334, | 484 |
| 4301.351, 4301.354, 4301.355, 4301.356, 4301.361, 4301.364, | 485 |
| 4301.365, 4301.366, 4301.43, 4303.182, 4303.331, 4501.06, | 486 |
| 4501.24, 4503.068, 4503.10, 4503.103, 4503.19, 4503.191, | 487 |
| 4503.235, 4503.40, 4503.42, 4503.44, 4505.01, 4505.06, 4505.062, | 488 |
| 4505.09, 4505.111, 4505.181, 4505.20, 4507.03, 4507.24, 4507.45, | 489 |
| 4509.101, 4510.22, 4511.191, 4511.81, 4513.021, 4513.03, | 490 |
| 4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.11, | 491 |
| 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, | 492 |
| 4513.171, 4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 4513.24, | 493 |
| 4513.242, 4513.28, 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, | 494 |
| 4517.03, 4517.30, 4517.33, 4517.43, 4519.02, 4519.03, 4519.04, | 495 |
| 4519.44, 4519.59, 4549.10, 4549.12, 4705.09, 4705.10, 4709.12, | 496 |
| 4713.28, 4713.32, 4713.63, 4713.64, 4731.10, 4731.26, 4731.38, | 497 |
| 4733.10, 4734.25, 4735.06, 4735.09, 4735.12, 4735.13, 4735.15, | 498 |
| 4740.03, 4740.11, 4740.14, 4741.41, 4741.44, 4741.45, 4741.46, | 499 |
| 4755.06, 4755.12, 4757.10, 4757.31, 4757.36, 4763.01, | 500 |
| 4763.03, 4763.04, 4763.05, 4763.07, 4763.09, 4763.11, | 501 |
| 4763.13, 4763.14, 4763.17, 4766.09, 4767.05, 4767.07, 4767.08, | 502 |
| 4781.01, 4781.02, 4781.04, 4781.05, 4781.06, 4781.07, 4905.06, | 503 |
| 4919.79, 4923.12, 4923.20, 4928.01, 5101.11, 5101.16, | 504 |
| 5101.162, 5101.26, 5101.33, 5101.34, 5101.47, 5101.50, 5101.5212, | 505 |
| 5101.54, 5101.541, 5101.544, 5101.571, 5101.573, 5101.60, | 506 |
| 5101.61, 5101.83, 5101.84, 5104.01, 5104.041, 5104.051, | 507 |
| 5104.30, 5104.32, 5104.341, 5104.35, 5104.38, 5104.39, 5104.42, | 508 |
| 5107.05, 5107.16, 5107.17, 5107.58, 5111.01, 5111.015, 5111.028, | 509 |
| 5111.032, 5111.033, 5111.034, 5111.06, 5111.176, 5111.222, | 510 |
| 5111.231, 5111.232, 5111.24, 5111.25, 5111.261, 5111.65, | 511 |
| 5111.651, 5111.688, 5111.705, 5111.85, 5111.851, 5111.874, | 512 |
| 5111.875, 5111.89, 5111.891, 5111.894, 5111.971, 5112.30, | 513 |
| 5112.31, 5112.37, 5112.371, 5115.03, 5119.16, 5119.61, | 514 |
| 5120.032, 5120.033, 5120.09, 5120.135, 5122.31, 5123.049, | 515 |
| 5123.0412, 5123.0413, 5126.044, 5126.05, 5126.054, 5126.055, | 516 |
| 5126.0512, 5126.19, 5126.24, 5139.43, 5501.04, 5502.01, 5502.12, | 517 |
| 5502.14, 5502.15, 5505.15, 5701.11, 5703.05, 5703.37, 5703.80, | 518 |
| 5705.214, 5705.29, 5705.341, 5705.37, 5709.62, 5709.63, | 519 |
| 5709.632, 5711.33, 5715.02, 5715.251, 5715.26, 5717.03, | 520 |
| 5717.04, 5725.18, 5725.98, 5727.84, 5728.12, 5729.03, 5729.98, | 521 |
| 5733.01, 5733.04, 5733.98, 5735.142, 5739.01, 5739.02, | 522 |
| 5739.03, 5739.033, 5739.09, 5739.131, 5743.15, 5743.61, 5747.01, | 523 |
| 5747.113, 5747.13, 5747.16, 5747.98, 5748.02, 5748.03, 5749.02, | 524 |
| 5749.12, 5751.01, 5751.011, 5751.012, 5751.013, 5751.03, | 525 |
| 5751.04, 5751.05, 5751.051, 5751.06, 5751.08, 5751.09, 5751.20, | 526 |
| 5751.21, 5911.10, 5913.051, 5913.09, 6103.01, 6103.02, 6109.21, | 527 |
| 6111.044, 6117.01, 6117.02, and 6119.011 be amended; sections | 528 |
| 173.43 (173.422), 1517.14 (1547.81), 1517.16 (1547.82), 1517.17 | 529 |
| (1547.83), 1517.18 (1547.84), 3313.174 (3313.82), 3319.233 | 530 |
| (3333.049), 3334.03 (3334.031), 3701.71 (3727.05), 3701.72 | 531 |
| (3727.051), 3727.04 (3727.053), 3727.05 (3727.04), 5101.5110 | 532 |
| (5101.5111), 5111.019 (5111.0120), and 5111.688 (5111.689) be | 533 |
| amended for the purpose of adopting new section numbers as | 534 |
| indicated in parentheses; new sections 173.43, 3301.0712, | 535 |
| 3319.222, 3334.03, 5101.5110, and 5111.688 and sections 9.317, | 536 |
| 111.26, 111.27, 117.54, 121.16, 121.375, 122.042, 122.12, | 537 |
| 122.121, 122.85, 123.154, 124.821, 124.822, 124.86, 125.20, | 538 |
| 125.24, 148.05, 149.308, 150.021, 150.051, 153.013, 173.28, | 539 |
| 173.402, 173.403, 173.421, 173.423, 173.424, 173.425, 173.431, | 540 |
| 173.432, 173.433, 173.434, 173.501, 173.70, 311.32, 737.39, | 541 |
| 901.041, 901.91, 927.54, 943.031, 1321.521, 1321.531, 1321.532, | 542 |
| 1321.533, 1321.534, 1321.535, 1321.536, 1321.552, 1321.591, | 543 |
| 1321.592, 1321.593, 1321.594, 1321.595, 1322.022, 1322.023, | 544 |
| 1322.024, 1322.065, 1327.501, 1327.71, 1513.021, 1547.02, | 545 |
| 1547.85, 1547.86, 1547.87, 1751.68, 2315.50, 3119.371, | 546 |
| 3301.122, 3301.80, 3301.81, 3301.82, 3301.83, 3301.90, 3306.01, | 547 |
| 3306.011, 3306.012, 3306.02, 3306.03, 3306.031, 3306.04, | 548 |
| 3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 3306.08, | 549 |
| 3306.09, 3306.091, 3306.10, 3306.11, 3306.12, 3306.13, | 550 |
| 3306.14, 3306.15, 3306.16, 3306.17, 3306.18, 3306.19, 3306.191, | 551 |
| 3306.192, 3306.21, 3306.22, 3306.25, 3306.29, 3306.291, 3306.292, | 552 |
| 3306.30, 3306.31, 3306.32, 3306.321, 3306.33, 3306.34, 3306.35, | 553 |
| 3306.40, 3306.50, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55, | 554 |
| 3306.56, 3306.57, 3310.15, 3311.0510, 3313.485, 3313.821, | 555 |
| 3313.822, 3314.028, 3314.031, 3314.052, 3314.075, 3314.102, | 556 |
| 3314.191, 3314.192, 3314.39, 3314.42, 3314.43, 3314.44, | 557 |
| 3317.018, 3318.312, 3319.223, 3319.611, 3319.612, 3319.70, | 558 |
| 3319.71, 3321.041, 3333.048, 3333.39, 3333.391, 3333.392, | 559 |
| 3333.90, 3333.91, 3334.032, 3334.111, 3345.36, 3353.09, 3353.20, | 560 |
| 3354.24, 3365.12, 3375.79, 3701.0211, 3701.136, 3701.611, | 561 |
| 3702.592, 3702.593, 3706.35, 3709.092, 3710.141, 3715.041, | 562 |
| 3721.511, 3721.512, 3721.513, 3722.022, 3727.052, 3734.282, | 563 |
| 3793.21, 3903.77, 3923.241, 3923.84, 3923.90, 3923.91, 4113.11, | 564 |
| 4113.81, 4113.82, 4113.83, 4113.84, 4113.85, 4113.86, 4123.446, | 565 |
| 4501.243, 4501.29, 4503.563, 4582.71, 4781.16, 4781.17, | 566 |
| 4781.18, 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, 4781.24, | 567 |
| 4781.25, 4781.99, 4919.80, 5101.073, 5101.504, 5101.5210, | 568 |
| 5101.542, 5111.0121, 5111.236, 5111.861, 5111.88, 5111.881, | 569 |
| 5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887, | 570 |
| 5111.888, 5111.889, 5111.8810, 5111.8811, 5112.372, 5112.40, | 571 |
| 5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.451, 5112.46, | 572 |
| 5112.47, 5112.48, 5119.613, 5119.621, 5119.622, 5155.38, | 573 |
| 5505.152, 5705.219, 5705.2110, 5725.33, 5729.16, 5733.58, | 574 |
| 5733.59, 5739.051, 5747.66, 5751.014, 5911.11, 5919.20, | 575 |
| 5919.36, and 6119.091 of the Revised Code be enacted; that | 576 |
| Section 6 of H.B. 364 of the 124th General Assembly be amended | 577 |
| and Section 6 of H.B. 364 of the 124th General Assembly be | 578 |
| amended to codify as section 3314.027 of the Revised Code; and | 579 |
| that Section 269.60.60 of H.B. 119 of the 127th General | 580 |
| Assembly be amended and Section 269.60.60 of H.B. 119 of the | 581 |
| 127th General Assembly be amended to codify as section 3314.38 | 582 |
| of the Revised Code to read as follows: | 583 |
| Sec. 9.06. (A)(1) The department of rehabilitation and | 584 |
|
correction | 585 |
| management pursuant to this section of the initial intensive | 586 |
| program prison established pursuant to section 5120.033 of the | 587 |
| Revised Code, if one or more intensive program prisons are | 588 |
| established under that section, and may contract for the private | 589 |
| operation and management of any other facility under this section. | 590 |
| Counties and municipal corporations to the extent authorized in | 591 |
| sections 307.93, 341.35, 753.03, and 753.15 of the Revised Code | 592 |
| may contract for the private operation and management of a | 593 |
| facility under this section. A contract entered into under this | 594 |
| section shall be for an initial term of not more than two years | 595 |
| with an option to renew for additional periods of two years. | 596 |
| (2) The department of rehabilitation and correction, by rule, | 597 |
| shall adopt minimum criteria and specifications that a person or | 598 |
| entity, other than a person or entity that satisfies the criteria | 599 |
| set forth in division (A)(3)(a) of this section and subject to | 600 |
| division (I) of this section, must satisfy in order to apply to | 601 |
| operate and manage as a contractor pursuant to this section the | 602 |
| initial intensive program prison established pursuant to section | 603 |
| 5120.033 of the Revised Code if one or more intensive program | 604 |
| prisons are established under that section. | 605 |
| (3) Subject to division (I) of this section, any person or | 606 |
| entity that applies to operate and manage a facility as a | 607 |
| contractor pursuant to this section shall satisfy one or more of | 608 |
| the following criteria: | 609 |
| (a) The person or entity is accredited by the American | 610 |
| correctional association and, at the time of the application, | 611 |
| operates and manages one or more facilities accredited by the | 612 |
| American correctional association. | 613 |
| (b) The person or entity satisfies all of the minimum | 614 |
| criteria and specifications adopted by the department of | 615 |
| rehabilitation and correction pursuant to division (A)(2) of this | 616 |
| section, provided that this alternative shall be available only in | 617 |
| relation to the initial intensive program prison established | 618 |
| pursuant to section 5120.033 of the Revised Code, if one or more | 619 |
| intensive program prisons are established under that section. | 620 |
| (4) Subject to division (I) of this section, before a public | 621 |
| entity may enter into a contract under this section, the | 622 |
| contractor shall convincingly demonstrate to the public entity | 623 |
| that it can operate the facility with the inmate capacity required | 624 |
| by the public entity and provide the services required in this | 625 |
| section and realize at least a five per cent savings over the | 626 |
| projected cost to the public entity of providing these same | 627 |
| services to operate the facility that is the subject of the | 628 |
| contract. No out-of-state prisoners may be housed in any facility | 629 |
| that is the subject of a contract entered into under this section. | 630 |
| (B) Subject to division (I) of this section, any contract | 631 |
| entered into under this section shall include all of the | 632 |
| following: | 633 |
| (1) A requirement that the contractor retain the contractor's | 634 |
| accreditation from the American correctional association | 635 |
| throughout the contract term or, if the contractor applied | 636 |
| pursuant to division (A)(3)(b) of this section, continue complying | 637 |
| with the applicable criteria and specifications adopted by the | 638 |
| department of rehabilitation and correction pursuant to division | 639 |
| (A)(2) of this section; | 640 |
| (2) A requirement that all of the following conditions be | 641 |
| met: | 642 |
| (a) The contractor begins the process of accrediting the | 643 |
| facility with the American correctional association no later than | 644 |
| sixty days after the facility receives its first inmate. | 645 |
| (b) The contractor receives accreditation of the facility | 646 |
| within twelve months after the date the contractor applies to the | 647 |
| American correctional association for accreditation. | 648 |
| (c) Once the accreditation is received, the contractor | 649 |
| maintains it for the duration of the contract term. | 650 |
| (d) If the contractor does not comply with divisions | 651 |
| (B)(2)(a) to (c) of this section, the contractor is in violation | 652 |
| of the contract, and the public entity may revoke the contract at | 653 |
| its discretion. | 654 |
| (3) A requirement that the contractor comply with all rules | 655 |
| promulgated by the department of rehabilitation and correction | 656 |
| that apply to the operation and management of correctional | 657 |
| facilities, including the minimum standards for jails in Ohio and | 658 |
| policies regarding the use of force and the use of deadly force, | 659 |
| although the public entity may require more stringent standards, | 660 |
| and comply with any applicable laws, rules, or regulations of the | 661 |
| federal, state, and local governments, including, but not limited | 662 |
| to, sanitation, food service, safety, and health regulations. The | 663 |
| contractor shall be required to send copies of reports of | 664 |
| inspections completed by the appropriate authorities regarding | 665 |
| compliance with rules and regulations to the director of | 666 |
| rehabilitation and correction or the director's designee and, if | 667 |
| contracting with a local public entity, to the governing authority | 668 |
| of that entity. | 669 |
| (4) A requirement that the contractor report for | 670 |
| investigation all crimes in connection with the facility to the | 671 |
| public entity, to all local law enforcement agencies with | 672 |
| jurisdiction over the place at which the facility is located, and, | 673 |
| for a crime committed at a state correctional institution, to the | 674 |
| state highway patrol; | 675 |
| (5) A requirement that the contractor immediately report all | 676 |
| escapes from the facility, and the apprehension of all escapees, | 677 |
| by telephone and in writing to all local law enforcement agencies | 678 |
| with jurisdiction over the place at which the facility is located, | 679 |
| to the prosecuting attorney of the county in which the facility is | 680 |
| located, to the state highway patrol, to a daily newspaper having | 681 |
| general circulation in the county in which the facility is | 682 |
| located, and, if the facility is a state correctional institution, | 683 |
| to the department of rehabilitation and correction. The written | 684 |
| notice may be by either facsimile transmission or mail. A failure | 685 |
| to comply with this requirement regarding an escape is a violation | 686 |
| of section 2921.22 of the Revised Code. | 687 |
| (6) A requirement that, if the facility is a state | 688 |
| correctional institution, the contractor provide a written report | 689 |
| within specified time limits to the director of rehabilitation and | 690 |
| correction or the director's designee of all unusual incidents at | 691 |
| the facility as defined in rules promulgated by the department of | 692 |
| rehabilitation and correction or, if the facility is a local | 693 |
| correctional institution, that the contractor provide a written | 694 |
| report of all unusual incidents at the facility to the governing | 695 |
| authority of the local public entity; | 696 |
| (7) A requirement that the contractor maintain proper control | 697 |
| of inmates' personal funds pursuant to rules promulgated by the | 698 |
| department of rehabilitation and correction for state correctional | 699 |
| institutions or pursuant to the minimum standards for jails along | 700 |
| with any additional standards established by the local public | 701 |
| entity for local correctional institutions and that records | 702 |
| pertaining to these funds be made available to representatives of | 703 |
| the public entity for review or audit; | 704 |
| (8) A requirement that the contractor prepare and distribute | 705 |
| to the director of rehabilitation and correction or, if | 706 |
| contracting with a local public entity, to the governing authority | 707 |
| of the local entity annual budget income and expenditure | 708 |
| statements and funding source financial reports; | 709 |
| (9) A requirement that the public entity appoint and | 710 |
| supervise a full-time contract monitor, that the contractor | 711 |
| provide suitable office space for the contract monitor at the | 712 |
| facility, and that the contractor allow the contract monitor | 713 |
| unrestricted access to all parts of the facility and all records | 714 |
| of the facility except the contractor's financial records; | 715 |
| (10) A requirement that if the facility is a state | 716 |
| correctional institution designated department of rehabilitation | 717 |
| and correction staff members be allowed access to the facility in | 718 |
| accordance with rules promulgated by the department; | 719 |
| (11) A requirement that the contractor provide internal and | 720 |
| perimeter security as agreed upon in the contract; | 721 |
| (12) If the facility is a state correctional institution, a | 722 |
| requirement that the contractor impose discipline on inmates | 723 |
| housed in a state correctional institution only in accordance with | 724 |
| rules promulgated by the department of rehabilitation and | 725 |
| correction; | 726 |
| (13) A requirement that the facility be staffed at all times | 727 |
| with a staffing pattern approved by the public entity and adequate | 728 |
| both to ensure supervision of inmates and maintenance of security | 729 |
| within the facility and to provide for programs, transportation, | 730 |
| security, and other operational needs. In determining security | 731 |
| needs, the contractor shall be required to consider, among other | 732 |
| things, the proximity of the facility to neighborhoods and | 733 |
| schools. | 734 |
| (14) If the contract is with a local public entity, a | 735 |
| requirement that the contractor provide services and programs, | 736 |
| consistent with the minimum standards for jails promulgated by the | 737 |
| department of rehabilitation and correction under section 5120.10 | 738 |
| of the Revised Code; | 739 |
| (15) A clear statement that no immunity from liability | 740 |
| granted to the state, and no immunity from liability granted to | 741 |
| political subdivisions under Chapter 2744. of the Revised Code, | 742 |
| shall extend to the contractor or any of the contractor's | 743 |
| employees; | 744 |
| (16) A statement that all documents and records relevant to | 745 |
| the facility shall be maintained in the same manner required for, | 746 |
| and subject to the same laws, rules, and regulations as apply to, | 747 |
| the records of the public entity; | 748 |
| (17) Authorization for the public entity to impose a fine on | 749 |
| the contractor from a schedule of fines included in the contract | 750 |
| for the contractor's failure to perform its contractual duties or | 751 |
| to cancel the contract, as the public entity considers | 752 |
| appropriate. If a fine is imposed, the public entity may reduce | 753 |
| the payment owed to the contractor pursuant to any invoice in the | 754 |
| amount of the imposed fine. | 755 |
| (18) A statement that all services provided or goods produced | 756 |
| at the facility shall be subject to the same regulations, and the | 757 |
| same distribution limitations, as apply to goods and services | 758 |
| produced at other correctional institutions; | 759 |
| (19) Authorization for the department to establish one or | 760 |
| more prison industries at a facility operated and managed by a | 761 |
| contractor for the department; | 762 |
| (20) A requirement that, if the facility is an intensive | 763 |
| program prison established pursuant to section 5120.033 of the | 764 |
| Revised Code, the facility shall comply with all criteria for | 765 |
| intensive program prisons of that type that are set forth in that | 766 |
| section; | 767 |
| (21) If the institution is a state correctional institution, | 768 |
| a requirement that the contractor provide clothing for all inmates | 769 |
| housed in the facility that is conspicuous in its color, style, or | 770 |
| color and style, that conspicuously identifies its wearer as an | 771 |
| inmate, and that is readily distinguishable from clothing of a | 772 |
| nature that normally is worn outside the facility by non-inmates, | 773 |
| that the contractor require all inmates housed in the facility to | 774 |
| wear the clothing so provided, and that the contractor not permit | 775 |
| any inmate, while inside or on the premises of the facility or | 776 |
| while being transported to or from the facility, to wear any | 777 |
| clothing of a nature that does not conspicuously identify its | 778 |
| wearer as an inmate and that normally is worn outside the facility | 779 |
| by non-inmates. | 780 |
| (C) No contract entered into under this section may require, | 781 |
| authorize, or imply a delegation of the authority or | 782 |
| responsibility of the public entity to a contractor for any of the | 783 |
| following: | 784 |
| (1) Developing or implementing procedures for calculating | 785 |
| inmate release and parole eligibility dates and recommending the | 786 |
| granting or denying of parole, although the contractor may submit | 787 |
| written reports that have been prepared in the ordinary course of | 788 |
| business; | 789 |
| (2) Developing or implementing procedures for calculating and | 790 |
| awarding earned credits, approving the type of work inmates may | 791 |
| perform and the wage or earned credits, if any, that may be | 792 |
| awarded to inmates engaging in that work, and granting, denying, | 793 |
| or revoking earned credits; | 794 |
| (3) For inmates serving a term imposed for a felony offense | 795 |
| committed prior to July 1, 1996, or for a misdemeanor offense, | 796 |
| developing or implementing procedures for calculating and awarding | 797 |
| good time, approving the good time, if any, that may be awarded to | 798 |
| inmates engaging in work, and granting, denying, or revoking good | 799 |
| time; | 800 |
| (4) Classifying an inmate or placing an inmate in a more or | 801 |
| a less restrictive custody than the custody ordered by the public | 802 |
| entity; | 803 |
| (5) Approving inmates for work release; | 804 |
| (6) Contracting for local or long distance telephone services | 805 |
| for inmates or receiving commissions from those services at a | 806 |
| facility that is owned by or operated under a contract with the | 807 |
| department. | 808 |
| (D) A contractor that has been approved to operate a facility | 809 |
| under this section, and a person or entity that enters into a | 810 |
| contract for specialized services, as described in division (I) of | 811 |
| this section, relative to an intensive program prison established | 812 |
| pursuant to section 5120.033 of the Revised Code to be operated by | 813 |
| a contractor that has been approved to operate the prison under | 814 |
| this section, shall provide an adequate policy of insurance | 815 |
| specifically including, but not limited to, insurance for civil | 816 |
| rights claims as determined by a risk management or actuarial firm | 817 |
| with demonstrated experience in public liability for state | 818 |
| governments. The insurance policy shall provide that the state, | 819 |
| including all state agencies, and all political subdivisions of | 820 |
| the state with jurisdiction over the facility or in which a | 821 |
| facility is located are named as insured, and that the state and | 822 |
| its political subdivisions shall be sent any notice of | 823 |
| cancellation. The contractor may not self-insure. | 824 |
| A contractor that has been approved to operate a facility | 825 |
| under this section, and a person or entity that enters into a | 826 |
| contract for specialized services, as described in division (I) of | 827 |
| this section, relative to an intensive program prison established | 828 |
| pursuant to section 5120.033 of the Revised Code to be operated by | 829 |
| a contractor that has been approved to operate the prison under | 830 |
| this section, shall indemnify and hold harmless the state, its | 831 |
| officers, agents, and employees, and any local government entity | 832 |
| in the state having jurisdiction over the facility or ownership of | 833 |
| the facility, shall reimburse the state for its costs in defending | 834 |
| the state or any of its officers, agents, or employees, and shall | 835 |
| reimburse any local government entity of that nature for its costs | 836 |
| in defending the local government entity, from all of the | 837 |
| following: | 838 |
| (1) Any claims or losses for services rendered by the | 839 |
| contractor, person, or entity performing or supplying services in | 840 |
| connection with the performance of the contract; | 841 |
| (2) Any failure of the contractor, person, or entity or its | 842 |
| officers or employees to adhere to the laws, rules, regulations, | 843 |
| or terms agreed to in the contract; | 844 |
| (3) Any constitutional, federal, state, or civil rights claim | 845 |
| brought against the state related to the facility operated and | 846 |
| managed by the contractor; | 847 |
| (4) Any claims, losses, demands, or causes of action arising | 848 |
| out of the contractor's, person's, or entity's activities in this | 849 |
| state; | 850 |
| (5) Any attorney's fees or court costs arising from any | 851 |
| habeas corpus actions or other inmate suits that may arise from | 852 |
| any event that occurred at the facility or was a result of such an | 853 |
| event, or arise over the conditions, management, or operation of | 854 |
| the facility, which fees and costs shall include, but not be | 855 |
| limited to, attorney's fees for the state's representation and for | 856 |
| any court-appointed representation of any inmate, and the costs of | 857 |
| any special judge who may be appointed to hear those actions or | 858 |
| suits. | 859 |
| (E) Private correctional officers of a contractor operating | 860 |
| and managing a facility pursuant to a contract entered into under | 861 |
| this section may carry and use firearms in the course of their | 862 |
| employment only after being certified as satisfactorily completing | 863 |
| an approved training program as described in division (A) of | 864 |
| section 109.78 of the Revised Code. | 865 |
| (F) Upon notification by the contractor of an escape from, or | 866 |
| of a disturbance at, the facility that is the subject of a | 867 |
| contract entered into under this section, the department of | 868 |
| rehabilitation and correction and state and local law enforcement | 869 |
| agencies shall use all reasonable means to recapture escapees or | 870 |
| quell any disturbance. Any cost incurred by the state or its | 871 |
| political subdivisions relating to the apprehension of an escapee | 872 |
| or the quelling of a disturbance at the facility shall be | 873 |
| chargeable to and borne by the contractor. The contractor shall | 874 |
| also reimburse the state or its political subdivisions for all | 875 |
| reasonable costs incurred relating to the temporary detention of | 876 |
| the escapee following recapture. | 877 |
| (G) Any offense that would be a crime if committed at a state | 878 |
| correctional institution or jail, workhouse, prison, or other | 879 |
| correctional facility shall be a crime if committed by or with | 880 |
| regard to inmates at facilities operated pursuant to a contract | 881 |
| entered into under this section. | 882 |
| (H) A contractor operating and managing a facility pursuant | 883 |
| to a contract entered into under this section shall pay any inmate | 884 |
| workers at the facility at the rate approved by the public entity. | 885 |
| Inmates working at the facility shall not be considered employees | 886 |
| of the contractor. | 887 |
| (I) In contracting for the private operation and management | 888 |
|
pursuant to
division (A) of this section of | 889 |
| intensive program prison established pursuant to section 5120.033 | 890 |
|
of the
Revised Code | 891 |
| 892 | |
| rehabilitation and correction may enter into a contract with a | 893 |
| contractor for the general operation and management of the prison | 894 |
| and may enter into one or more separate contracts with other | 895 |
| persons or entities for the provision of specialized services for | 896 |
| persons confined in the prison, including, but not limited to, | 897 |
| security or training services or medical, counseling, educational, | 898 |
| or similar treatment programs. If, pursuant to this division, the | 899 |
| department enters into a contract with a contractor for the | 900 |
| general operation and management of the prison and also enters | 901 |
| into one or more specialized service contracts with other persons | 902 |
| or entities, all of the following apply: | 903 |
| (1) The contract for the general operation and management | 904 |
| shall comply with all requirements and criteria set forth in this | 905 |
| section, and all provisions of this section apply in relation to | 906 |
| the prison operated and managed pursuant to the contract. | 907 |
| (2) Divisions (A)(2), (B), and (C) of this section do not | 908 |
| apply in relation to any specialized services contract, except to | 909 |
| the extent that the provisions of those divisions clearly are | 910 |
| relevant to the specialized services to be provided under the | 911 |
| specialized services contract. Division (D) of this section | 912 |
| applies in relation to each specialized services contract. | 913 |
| (J) As used in this section: | 914 |
| (1) "Public entity" means the department of rehabilitation | 915 |
| and correction, or a county or municipal corporation or a | 916 |
| combination of counties and municipal corporations, that has | 917 |
| jurisdiction over a facility that is the subject of a contract | 918 |
| entered into under this section. | 919 |
| (2) "Local public entity" means a county or municipal | 920 |
| corporation, or a combination of counties and municipal | 921 |
| corporations, that has jurisdiction over a jail, workhouse, or | 922 |
| other correctional facility used only for misdemeanants that is | 923 |
| the subject of a contract entered into under this section. | 924 |
| (3) "Governing authority of a local public entity" means, for | 925 |
| a county, the board of county commissioners; for a municipal | 926 |
| corporation, the legislative authority; for a combination of | 927 |
| counties and municipal corporations, all the boards of county | 928 |
| commissioners and municipal legislative authorities that joined to | 929 |
| create the facility. | 930 |
| (4) "Contractor" means a person or entity that enters into a | 931 |
| contract under this section to operate and manage a jail, | 932 |
| workhouse, or other correctional facility. | 933 |
| (5) "Facility" means the specific county, multicounty, | 934 |
| municipal, municipal-county, or multicounty-municipal jail, | 935 |
| workhouse, prison, or other type of correctional institution or | 936 |
| facility used only for misdemeanants, or a state correctional | 937 |
| institution, that is the subject of a contract entered into under | 938 |
| this section. | 939 |
| (6) "Person or entity" in the case of a contract for the | 940 |
| private operation and management of a state correctional | 941 |
| institution, includes an employee organization, as defined in | 942 |
| section 4117.01 of the Revised Code, that represents employees at | 943 |
| state correctional institutions. | 944 |
| Sec. 9.314. (A) As used in this section: | 945 |
| (1) "Contracting authority" has the same meaning as in | 946 |
| section 307.92 of the Revised Code. | 947 |
| (2) "Political subdivision" means a municipal corporation, | 948 |
| township, county, school district, or other body corporate and | 949 |
| politic responsible for governmental activities only in geographic | 950 |
| areas smaller than that of the state and also includes a | 951 |
| contracting authority. | 952 |
| (3) "Reverse auction" means a purchasing process in which | 953 |
| offerors submit proposals in competing to sell services or | 954 |
| supplies in an open environment via the internet. | 955 |
| (4) "Services" means the furnishing of labor, time, or effort | 956 |
| by a person, not involving the delivery of a specific end product | 957 |
| other than a report which, if provided, is merely incidental to | 958 |
| the required performance. "Services" does not include services | 959 |
| furnished pursuant to employment agreements or collective | 960 |
| bargaining agreements. | 961 |
| (5) "Supplies" means all property, including, but not limited | 962 |
| to, equipment, materials, other tangible assets, and insurance, | 963 |
| but excluding real property or interests in real property. | 964 |
| (B)(1) Whenever any political subdivision determines that the | 965 |
| use of a reverse auction is advantageous to the political | 966 |
| subdivision, the political subdivision, in accordance with this | 967 |
| section and rules the political subdivision shall adopt, may | 968 |
| purchase services or supplies by reverse auction. | 969 |
| (2) A political subdivision shall not purchase supplies or | 970 |
| services by reverse auction if the contract concerns the design, | 971 |
| construction, alteration, repair, reconstruction, or demolition of | 972 |
| a building, highway, road, street, alley, drainage system, water | 973 |
| system, waterworks, ditch, sewer, sewage disposal plant, or any | 974 |
| other structure or works of any kind. | 975 |
| (C) A political subdivision shall solicit proposals through a | 976 |
| request for proposals. The request for proposals shall state the | 977 |
| relative importance of price and other evaluation factors. The | 978 |
| political subdivision shall give notice of the request for | 979 |
| proposals in accordance with the rules it adopts. | 980 |
| (D) As provided in the request for proposals and in the rules | 981 |
| a political subdivision adopts, and to ensure full understanding | 982 |
| of and responsiveness to solicitation requirements, the political | 983 |
| subdivision may conduct discussions with responsible offerors who | 984 |
| submit proposals determined to be reasonably susceptible of being | 985 |
| selected for award. The political subdivision shall accord | 986 |
| offerors fair and equal treatment with respect to any opportunity | 987 |
| for discussion regarding any clarification, correction, or | 988 |
| revision of their proposals. | 989 |
| (E) A political subdivision may award a contract to the | 990 |
| offeror whose proposal the political subdivision determines to be | 991 |
| the most advantageous to the political subdivision, taking into | 992 |
| consideration factors such as price and the evaluation criteria | 993 |
| set forth in the request for proposals. The contract file shall | 994 |
| contain the basis on which the award is made. | 995 |
| (F) The rules that a political subdivision adopts under this | 996 |
| section may require the provision of a performance bond, or | 997 |
| another similar form of financial security, in the amount and in | 998 |
| the form specified in the rules. | 999 |
| (G) If a political subdivision is required by law to purchase | 1000 |
| services or supplies by competitive sealed bidding or competitive | 1001 |
| sealed proposals, a purchase made by reverse auction satisfies | 1002 |
| that requirement. | 1003 |
| Sec. 9.317. As used in this section, "reverse auction" has | 1004 |
| the meaning defined in section 9.314 of the Revised Code, and | 1005 |
| "state agency" has the meaning defined in section 9.23 of the | 1006 |
| Revised Code. | 1007 |
| A state agency shall not purchase supplies or services by | 1008 |
| reverse auction if the contract concerns the design, construction, | 1009 |
| alteration, repair, reconstruction, or demolition of a building, | 1010 |
| highway, road, street, alley, drainage system, water system, | 1011 |
| waterworks, ditch, sewer, sewage disposal plant, or any other | 1012 |
| structure or works of any kind. | 1013 |
| Sec. 107.21. (A) As used in this section, "Appalachian | 1014 |
|
region" means the following counties in this state | 1015 |
| been designated as part of Appalachia by the federal Appalachian | 1016 |
|
regional commission and | 1017 |
| isolated and economically depressed: Adams, Ashtabula, Athens, | 1018 |
| Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, | 1019 |
| Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, | 1020 |
| Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, | 1021 |
| Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and | 1022 |
| Washington. | 1023 |
| (B) There is hereby created in the department of development | 1024 |
| the governor's office of Appalachian Ohio. The governor shall | 1025 |
| designate the director of the governor's office of Appalachian | 1026 |
| Ohio. The director shall report directly to the office of the | 1027 |
| governor. On January 1, 1987, the governor shall designate the | 1028 |
| director to represent this state on the federal Appalachian | 1029 |
| regional commission. The director may appoint such employees as | 1030 |
| are necessary to exercise the powers and duties of this office. | 1031 |
| The director shall maintain local development districts as | 1032 |
| established within the Appalachian region for the purpose of | 1033 |
| regional planning for the distribution of funds from the | 1034 |
| Appalachian regional commission within the Appalachian region. | 1035 |
| (C) The governor's office of Appalachian Ohio shall represent | 1036 |
| the interests of the Appalachian region in the government of this | 1037 |
| state. The duties of the director of the office shall include, but | 1038 |
| are not limited to, the following: | 1039 |
| (1) To identify residents of the Appalachian region qualified | 1040 |
| to serve on state boards, commissions, and bodies and in state | 1041 |
| offices, and to bring these persons to the attention of the | 1042 |
| governor; | 1043 |
| (2) To represent the interests of the Appalachian region in | 1044 |
| the general assembly and before state boards, commissions, bodies, | 1045 |
| and agencies; | 1046 |
| (3) To assist in forming a consensus on public issues and | 1047 |
| policies among institutions and organizations that serve the | 1048 |
| Appalachian region; | 1049 |
| (4) To act as an | 1050 |
| resolving differences between state or federal agencies and the | 1051 |
| officials of political subdivisions or private, nonprofit | 1052 |
| organizations located within the Appalachian region; | 1053 |
| (5) To assist planning commissions, agencies, and | 1054 |
| organizations within the Appalachian region in distributing | 1055 |
| planning information and documents to the appropriate state and | 1056 |
| federal agencies and to assist in focusing attention on any | 1057 |
| findings and recommendations of these commissions, agencies, and | 1058 |
| organizations; | 1059 |
| (6) To issue reports on the Appalachian region | 1060 |
| describe progress achieved and the needs that still exist in the | 1061 |
| region; | 1062 |
| (7) To assist the governor's office in resolving the problems | 1063 |
| of residents of the Appalachian region that come to the governor's | 1064 |
| attention. | 1065 |
| (D) The amount of money from appropriated state funds | 1066 |
| allocated each year to pay administrative costs of a local | 1067 |
| development district existing on the effective date of this | 1068 |
| amendment shall not be decreased due to the creation and funding | 1069 |
| of additional local development districts. The amount of money | 1070 |
| allocated to each district shall be increased each year by the | 1071 |
| average percentage of increase in the consumer price index for the | 1072 |
| prior year. | 1073 |
| As used in this division, "consumer price index" means the | 1074 |
| consumer price index for all urban consumers (United States city | 1075 |
| average, all items), prepared by the United States department of | 1076 |
| labor, bureau of labor statistics. | 1077 |
| Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 1078 |
| section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised | 1079 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1080 |
| this section, and a set of fingerprint impressions obtained in | 1081 |
| the manner described in division (C)(2) of this section, the | 1082 |
| superintendent of the bureau of criminal identification and | 1083 |
| investigation shall conduct a criminal records check in the | 1084 |
| manner described in division (B) of this section to determine | 1085 |
| whether any information exists that indicates that the person who | 1086 |
| is the subject of the request previously has been convicted of or | 1087 |
| pleaded guilty to any of the following: | 1088 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1089 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1090 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1091 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1092 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 1093 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 1094 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 1095 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 1096 |
| penetration in violation of former section 2907.12 of the Revised | 1097 |
| Code, a violation of section 2905.04 of the Revised Code as it | 1098 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 1099 |
| the Revised Code that would have been a violation of section | 1100 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 1101 |
| had the violation been committed prior to that date, or a | 1102 |
| violation of section 2925.11 of the Revised Code that is not a | 1103 |
| minor drug possession offense; | 1104 |
| (b) A violation of an existing or former law of this state, | 1105 |
| any other state, or the United States that is substantially | 1106 |
| equivalent to any of the offenses listed in division (A)(1)(a) of | 1107 |
| this section. | 1108 |
| (2) On receipt of a request pursuant to section 5123.081 of | 1109 |
| the Revised Code with respect to an applicant for employment in | 1110 |
| any position with the department of mental retardation and | 1111 |
| developmental disabilities, pursuant to section 5126.28 of the | 1112 |
| Revised Code with respect to an applicant for employment in any | 1113 |
| position with a county board of mental retardation and | 1114 |
| developmental disabilities, or pursuant to section 5126.281 of the | 1115 |
| Revised Code with respect to an applicant for employment in a | 1116 |
| direct services position with an entity contracting with a county | 1117 |
| board for employment, a completed form prescribed pursuant to | 1118 |
| division (C)(1) of this section, and a set of fingerprint | 1119 |
| impressions obtained in the manner described in division (C)(2) of | 1120 |
| this section, the superintendent of the bureau of criminal | 1121 |
| identification and investigation shall conduct a criminal records | 1122 |
| check. The superintendent shall conduct the criminal records check | 1123 |
| in the manner described in division (B) of this section to | 1124 |
| determine whether any information exists that indicates that the | 1125 |
| person who is the subject of the request has been convicted of or | 1126 |
| pleaded guilty to any of the following: | 1127 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1128 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1129 |
| 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 1130 |
| 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 1131 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1132 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 1133 |
| 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 1134 |
| 2925.03, or 3716.11 of the Revised Code; | 1135 |
| (b) An existing or former municipal ordinance or law of this | 1136 |
| state, any other state, or the United States that is substantially | 1137 |
| equivalent to any of the offenses listed in division (A)(2)(a) of | 1138 |
| this section. | 1139 |
| (3) On receipt of a request pursuant to section 173.27, | 1140 |
| 173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 1141 |
| completed form prescribed pursuant to division (C)(1) of this | 1142 |
| section, and a set of fingerprint impressions obtained in the | 1143 |
| manner described in division (C)(2) of this section, the | 1144 |
| superintendent of the bureau of criminal identification and | 1145 |
| investigation shall conduct a criminal records check with respect | 1146 |
| to any person who has applied for employment in a position for | 1147 |
| which a criminal records check is required by those sections. The | 1148 |
| superintendent shall conduct the criminal records check in the | 1149 |
| manner described in division (B) of this section to determine | 1150 |
| whether any information exists that indicates that the person who | 1151 |
| is the subject of the request previously has been convicted of or | 1152 |
| pleaded guilty to any of the following: | 1153 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1154 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1155 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1156 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1157 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1158 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1159 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1160 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1161 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 1162 |
| (b) An existing or former law of this state, any other state, | 1163 |
| or the United States that is substantially equivalent to any of | 1164 |
| the offenses listed in division (A)(3)(a) of this section. | 1165 |
| (4) On receipt of a request pursuant to section 3701.881 of | 1166 |
| the Revised Code with respect to an applicant for employment with | 1167 |
| a home health agency as a person responsible for the care, | 1168 |
| custody, or control of a child, a completed form prescribed | 1169 |
| pursuant to division (C)(1) of this section, and a set of | 1170 |
| fingerprint impressions obtained in the manner described in | 1171 |
| division (C)(2) of this section, the superintendent of the bureau | 1172 |
| of criminal identification and investigation shall conduct a | 1173 |
| criminal records check. The superintendent shall conduct the | 1174 |
| criminal records check in the manner described in division (B) of | 1175 |
| this section to determine whether any information exists that | 1176 |
| indicates that the person who is the subject of the request | 1177 |
| previously has been convicted of or pleaded guilty to any of the | 1178 |
| following: | 1179 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1180 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1181 |
| 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 1182 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 1183 |
| 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 1184 |
| 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1185 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1186 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 1187 |
| violation of section 2925.11 of the Revised Code that is not a | 1188 |
| minor drug possession offense; | 1189 |
| (b) An existing or former law of this state, any other state, | 1190 |
| or the United States that is substantially equivalent to any of | 1191 |
| the offenses listed in division (A)(4)(a) of this section. | 1192 |
| (5) On receipt of a request pursuant to section 5111.032, | 1193 |
| 5111.033, or 5111.034 of the Revised Code, a completed form | 1194 |
| prescribed pursuant to division (C)(1) of this section, and a set | 1195 |
| of fingerprint impressions obtained in the manner described in | 1196 |
| division (C)(2) of this section, the superintendent of the bureau | 1197 |
| of criminal identification and investigation shall conduct a | 1198 |
| criminal records check. The superintendent shall conduct the | 1199 |
| criminal records check in the manner described in division (B) of | 1200 |
| this section to determine whether any information exists that | 1201 |
| indicates that the person who is the subject of the request | 1202 |
| previously has been convicted of, has pleaded guilty to, or has | 1203 |
| been found eligible for intervention in lieu of conviction for | 1204 |
| any of the following, regardless of the date of the conviction, | 1205 |
| the date of entry of the guilty plea, or the date the person was | 1206 |
| found eligible for intervention in lieu of conviction: | 1207 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 1208 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 1209 |
| 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 1210 |
| 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 1211 |
| 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 1212 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1213 |
| 2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 1214 |
| 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 1215 |
| 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 1216 |
| 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 1217 |
| 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 1218 |
| 2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 1219 |
| 2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 1220 |
| 2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 1221 |
| 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 1222 |
| 2925.23, 2927.12, or 3716.11 of the Revised Code, felonious | 1223 |
| sexual penetration in violation of former section 2907.12 of the | 1224 |
| Revised Code, a violation of section 2905.04 of the Revised Code | 1225 |
| as it existed prior to July 1, 1996, a violation of section | 1226 |
| 2919.23 of the Revised Code that would have been a violation of | 1227 |
| section 2905.04 of the Revised Code as it existed prior to July | 1228 |
| 1, 1996, had the violation been committed prior to that date; | 1229 |
| (b) | 1230 |
| ordinance or law of this state, any other state, or the United | 1231 |
| States that is substantially equivalent to any of the offenses | 1232 |
| listed in division (A)(5)(a) of this section. | 1233 |
| (6) On receipt of a request pursuant to section 3701.881 of | 1234 |
| the Revised Code with respect to an applicant for employment with | 1235 |
| a home health agency in a position that involves providing direct | 1236 |
| care to an older adult, a completed form prescribed pursuant to | 1237 |
| division (C)(1) of this section, and a set of fingerprint | 1238 |
| impressions obtained in the manner described in division (C)(2) of | 1239 |
| this section, the superintendent of the bureau of criminal | 1240 |
| identification and investigation shall conduct a criminal records | 1241 |
| check. The superintendent shall conduct the criminal records check | 1242 |
| in the manner described in division (B) of this section to | 1243 |
| determine whether any information exists that indicates that the | 1244 |
| person who is the subject of the request previously has been | 1245 |
| convicted of or pleaded guilty to any of the following: | 1246 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1247 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1248 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1249 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1250 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1251 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1252 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1253 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1254 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 1255 |
| (b) An existing or former law of this state, any other state, | 1256 |
| or the United States that is substantially equivalent to any of | 1257 |
| the offenses listed in division (A)(6)(a) of this section. | 1258 |
| (7) When conducting a criminal records check upon a request | 1259 |
| pursuant to section 3319.39 of the Revised Code for an applicant | 1260 |
| who is a teacher, in addition to the determination made under | 1261 |
| division (A)(1) of this section, the superintendent shall | 1262 |
| determine whether any information exists that indicates that the | 1263 |
| person who is the subject of the request previously has been | 1264 |
| convicted of or pleaded guilty to any offense specified in section | 1265 |
| 3319.31 of the Revised Code. | 1266 |
| (8) On receipt of a request pursuant to section 2151.86 of | 1267 |
| the Revised Code, a completed form prescribed pursuant to | 1268 |
| division (C)(1) of this section, and a set of fingerprint | 1269 |
| impressions obtained in the manner described in division (C)(2) | 1270 |
| of this section, the superintendent of the bureau of criminal | 1271 |
| identification and investigation shall conduct a criminal records | 1272 |
| check in the manner described in division (B) of this section to | 1273 |
| determine whether any information exists that indicates that the | 1274 |
| person who is the subject of the request previously has been | 1275 |
| convicted of or pleaded guilty to any of the following: | 1276 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 1277 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 1278 |
| 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 1279 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 1280 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1281 |
| 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 1282 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 1283 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 1284 |
| 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 1285 |
| of the Revised Code, a violation of section 2905.04 of the | 1286 |
| Revised Code as it existed prior to July 1, 1996, a violation of | 1287 |
| section 2919.23 of the Revised Code that would have been a | 1288 |
| violation of section 2905.04 of the Revised Code as it existed | 1289 |
| prior to July 1, 1996, had the violation been committed prior to | 1290 |
| that date, a violation of section 2925.11 of the Revised Code | 1291 |
| that is not a minor drug possession offense, two or more OVI or | 1292 |
| OVUAC violations committed within the three years immediately | 1293 |
| preceding the submission of the application or petition that is | 1294 |
| the basis of the request, or felonious sexual penetration in | 1295 |
| violation of former section 2907.12 of the Revised Code; | 1296 |
| (b) A violation of an existing or former law of this state, | 1297 |
| any other state, or the United States that is substantially | 1298 |
| equivalent to any of the offenses listed in division (A)(8)(a) of | 1299 |
| this section. | 1300 |
| (9) Upon receipt of a request pursuant to section 5104.012 | 1301 |
| or 5104.013 of the Revised Code, a completed form prescribed | 1302 |
| pursuant to division (C)(1) of this section, and a set of | 1303 |
| fingerprint impressions obtained in the manner described in | 1304 |
| division (C)(2) of this section, the superintendent of the bureau | 1305 |
| of criminal identification and investigation shall conduct a | 1306 |
| criminal records check in the manner described in division (B) of | 1307 |
| this section to determine whether any information exists that | 1308 |
| indicates that the person who is the subject of the request has | 1309 |
| been convicted of or pleaded guilty to any of the following: | 1310 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1311 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 1312 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 1313 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 1314 |
| 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 1315 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 1316 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 1317 |
| 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 1318 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 1319 |
| 2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 1320 |
| 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 1321 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 1322 |
| violation of former section 2907.12 of the Revised Code, a | 1323 |
| violation of section 2905.04 of the Revised Code as it existed | 1324 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 1325 |
| Revised Code that would have been a violation of section 2905.04 | 1326 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 1327 |
| violation been committed prior to that date, a violation of | 1328 |
| section 2925.11 of the Revised Code that is not a minor drug | 1329 |
| possession offense, a violation of section 2923.02 or 2923.03 of | 1330 |
| the Revised Code that relates to a crime specified in this | 1331 |
| division, or a second violation of section 4511.19 of the | 1332 |
| Revised Code within five years of the date of application for | 1333 |
| licensure or certification. | 1334 |
| (b) A violation of an existing or former law of this state, | 1335 |
| any other state, or the United States that is substantially | 1336 |
| equivalent to any of the offenses or violations described in | 1337 |
| division (A)(9)(a) of this section. | 1338 |
| (10) Upon receipt of a request pursuant to section 5153.111 | 1339 |
| of the Revised Code, a completed form prescribed pursuant to | 1340 |
| division (C)(1) of this section, and a set of fingerprint | 1341 |
| impressions obtained in the manner described in division (C)(2) of | 1342 |
| this section, the superintendent of the bureau of criminal | 1343 |
| identification and investigation shall conduct a criminal records | 1344 |
| check in the manner described in division (B) of this section to | 1345 |
| determine whether any information exists that indicates that the | 1346 |
| person who is the subject of the request previously has been | 1347 |
| convicted of or pleaded guilty to any of the following: | 1348 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1349 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1350 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1351 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1352 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1353 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1354 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1355 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 1356 |
| felonious sexual penetration in violation of former section | 1357 |
| 2907.12 of the Revised Code, a violation of section 2905.04 of the | 1358 |
| Revised Code as it existed prior to July 1, 1996, a violation of | 1359 |
| section 2919.23 of the Revised Code that would have been a | 1360 |
| violation of section 2905.04 of the Revised Code as it existed | 1361 |
| prior to July 1, 1996, had the violation been committed prior to | 1362 |
| that date, or a violation of section 2925.11 of the Revised Code | 1363 |
| that is not a minor drug possession offense; | 1364 |
| (b) A violation of an existing or former law of this state, | 1365 |
| any other state, or the United States that is substantially | 1366 |
| equivalent to any of the offenses listed in division (A)(10)(a) of | 1367 |
| this section. | 1368 |
| (11) On receipt of a request for a criminal records check | 1369 |
| from an individual pursuant to section 4749.03 or 4749.06 of the | 1370 |
| Revised Code, accompanied by a completed copy of the form | 1371 |
| prescribed in division (C)(1) of this section and a set of | 1372 |
| fingerprint impressions obtained in a manner described in division | 1373 |
| (C)(2) of this section, the superintendent of the bureau of | 1374 |
| criminal identification and investigation shall conduct a criminal | 1375 |
| records check in the manner described in division (B) of this | 1376 |
| section to determine whether any information exists indicating | 1377 |
| that the person who is the subject of the request has been | 1378 |
| convicted of or pleaded guilty to a felony in this state or in any | 1379 |
| other state. If the individual indicates that a firearm will be | 1380 |
| carried in the course of business, the superintendent shall | 1381 |
| require information from the federal bureau of investigation as | 1382 |
| described in division (B)(2) of this section. The superintendent | 1383 |
| shall report the findings of the criminal records check and any | 1384 |
| information the federal bureau of investigation provides to the | 1385 |
| director of public safety. | 1386 |
| (12) On receipt of a request pursuant to section 1321.37, | 1387 |
| 1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 1388 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1389 |
| this section, and a set of fingerprint impressions obtained in | 1390 |
| the manner described in division (C)(2) of this section, the | 1391 |
| superintendent of the bureau of criminal identification and | 1392 |
| investigation shall conduct a criminal records check with | 1393 |
| respect to any person who has applied for a license, permit, or | 1394 |
| certification from the department of commerce or a division in | 1395 |
| the department. The superintendent shall conduct the criminal | 1396 |
| records check in the manner described in division (B) of this | 1397 |
| section to determine whether any information exists that | 1398 |
| indicates that the person who is the subject of the request | 1399 |
| previously has been convicted of or pleaded guilty to any of the | 1400 |
| following: a violation of section 2913.02, 2913.11, 2913.31, | 1401 |
| 2913.51, or 2925.03 of the Revised Code; any other criminal | 1402 |
| offense involving theft, receiving stolen property, | 1403 |
| embezzlement, forgery, fraud, passing bad checks, money | 1404 |
| laundering, or drug trafficking, or any criminal offense | 1405 |
| involving money or securities, as set forth in Chapters 2909., | 1406 |
| 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised | 1407 |
| Code; or any existing or former law of this state, any other | 1408 |
| state, or the United States that is substantially equivalent to | 1409 |
| those offenses. | 1410 |
| (13) On receipt of a request for a criminal records check | 1411 |
| from the treasurer of state under section 113.041 of the Revised | 1412 |
| Code or from an individual under section 4701.08, 4715.101, | 1413 |
| 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 1414 |
| 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 1415 |
| 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 1416 |
| 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 1417 |
| 4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied | 1418 |
| by a completed form prescribed under division (C)(1) of this | 1419 |
| section and a set of fingerprint impressions obtained in the | 1420 |
| manner described in division (C)(2) of this section, the | 1421 |
| superintendent of the bureau of criminal identification and | 1422 |
| investigation shall conduct a criminal records check in the | 1423 |
| manner described in division (B) of this section to determine | 1424 |
| whether any information exists that indicates that the person who | 1425 |
| is the subject of the request has been convicted of or pleaded | 1426 |
| guilty to any criminal offense in this state or any other state. | 1427 |
| The superintendent shall send the results of a check requested | 1428 |
| under section 113.041 of the Revised Code to the treasurer of | 1429 |
| state and shall send the results of a check requested under any of | 1430 |
| the other listed sections to the licensing board specified by the | 1431 |
| individual in the request. | 1432 |
| (14) On receipt of a request pursuant to section 1121.23, | 1433 |
| 1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 1434 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1435 |
| this section, and a set of fingerprint impressions obtained in the | 1436 |
| manner described in division (C)(2) of this section, the | 1437 |
| superintendent of the bureau of criminal identification and | 1438 |
| investigation shall conduct a criminal records check in the manner | 1439 |
| described in division (B) of this section to determine whether any | 1440 |
| information exists that indicates that the person who is the | 1441 |
| subject of the request previously has been convicted of or pleaded | 1442 |
| guilty to any criminal offense under any existing or former law of | 1443 |
| this state, any other state, or the United States. | 1444 |
| (15) Not later than thirty days after the date the | 1445 |
| superintendent receives a request of a type described in division | 1446 |
| (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), | 1447 |
| (12), or (14) of this section, the completed form, and the | 1448 |
| fingerprint impressions, the superintendent shall send the | 1449 |
| person, board, or entity that made the request any information, | 1450 |
| other than information the dissemination of which is prohibited | 1451 |
| by federal law, the superintendent determines exists with respect | 1452 |
| to the person who is the subject of the request that indicates | 1453 |
| that the person previously has been convicted of or pleaded | 1454 |
| guilty to any offense listed or described in division (A)(1), | 1455 |
| (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or | 1456 |
| (14) of this section, as appropriate. The superintendent shall | 1457 |
| send the person, board, or entity that made the request a copy of | 1458 |
| the list of offenses specified in division (A)(1), (2), (3), (4), | 1459 |
| (5), (6), (7), (8), (9), (10), (11), (12), or (14) of this | 1460 |
| section, as appropriate. If the request was made under section | 1461 |
| 3701.881 of the Revised Code with regard to an applicant who may | 1462 |
| be both responsible for the care, custody, or control of a child | 1463 |
| and involved in providing direct care to an older adult, the | 1464 |
| superintendent shall provide a list of the offenses specified in | 1465 |
| divisions (A)(4) and (6) of this section. | 1466 |
| Not later than thirty days after the superintendent receives | 1467 |
| a request for a criminal records check pursuant to section 113.041 | 1468 |
| of the Revised Code, the completed form, and the fingerprint | 1469 |
| impressions, the superintendent shall send the treasurer of state | 1470 |
| any information, other than information the dissemination of which | 1471 |
| is prohibited by federal law, the superintendent determines exist | 1472 |
| with respect to the person who is the subject of the request that | 1473 |
| indicates that the person previously has been convicted of or | 1474 |
| pleaded guilty to any criminal offense in this state or any other | 1475 |
| state. | 1476 |
| (B) The superintendent shall conduct any criminal records | 1477 |
| check requested under section 113.041, 121.08, 173.27, 173.394, | 1478 |
| 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03, | 1479 |
| 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, | 1480 |
| 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101, | 1481 |
| 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 1482 |
| 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 1483 |
| 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 1484 |
| 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, | 1485 |
| 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, | 1486 |
| 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, | 1487 |
| 5126.28, 5126.281, or 5153.111 of the Revised Code as follows: | 1488 |
| (1) The superintendent shall review or cause to be reviewed | 1489 |
| any relevant information gathered and compiled by the bureau under | 1490 |
| division (A) of section 109.57 of the Revised Code that relates to | 1491 |
| the person who is the subject of the request, including, if the | 1492 |
| criminal records check was requested under section 113.041, | 1493 |
| 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 1494 |
| 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 1495 |
| 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 1496 |
| 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, | 1497 |
| 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 1498 |
| 5126.281, or 5153.111 of the Revised Code, any relevant | 1499 |
| information contained in records that have been sealed under | 1500 |
| section 2953.32 of the Revised Code; | 1501 |
| (2) If the request received by the superintendent asks for | 1502 |
| information from the federal bureau of investigation, the | 1503 |
| superintendent shall request from the federal bureau of | 1504 |
| investigation any information it has with respect to the person | 1505 |
| who is the subject of the request, including fingerprint-based | 1506 |
| checks of national crime information databases as described in 42 | 1507 |
| U.S.C. 671 if the request is made pursuant to section 2151.86, | 1508 |
| 5104.012, or 5104.013 of the Revised Code or if any other Revised | 1509 |
| Code section requires fingerprint-based checks of that nature, and | 1510 |
| shall review or cause to be reviewed any information the | 1511 |
| superintendent receives from that bureau. | 1512 |
| (3) The superintendent or the superintendent's designee may | 1513 |
| request criminal history records from other states or the federal | 1514 |
| government pursuant to the national crime prevention and privacy | 1515 |
| compact set forth in section 109.571 of the Revised Code. | 1516 |
| (C)(1) The superintendent shall prescribe a form to obtain | 1517 |
| the information necessary to conduct a criminal records check from | 1518 |
| any person for whom a criminal records check is requested under | 1519 |
| section 113.041 of the Revised Code or required by section | 1520 |
| 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 1521 |
| 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, | 1522 |
| 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 1523 |
| 3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, | 1524 |
| 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, | 1525 |
| 4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, | 1526 |
| 4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, | 1527 |
| 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, | 1528 |
| 4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032, | 1529 |
| 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of | 1530 |
| the Revised Code. The form that the superintendent prescribes | 1531 |
| pursuant to this division may be in a tangible format, in an | 1532 |
| electronic format, or in both tangible and electronic formats. | 1533 |
| (2) The superintendent shall prescribe standard impression | 1534 |
| sheets to obtain the fingerprint impressions of any person for | 1535 |
| whom a criminal records check is requested under section 113.041 | 1536 |
| of the Revised Code or required by section 121.08, 173.27, | 1537 |
| 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, | 1538 |
| 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, | 1539 |
| 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, | 1540 |
| 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 1541 |
| 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, | 1542 |
| 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, | 1543 |
| 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, | 1544 |
| 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, | 1545 |
| 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, | 1546 |
| 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. | 1547 |
| Any person for whom a records check is requested under or | 1548 |
| required by any of those sections shall obtain the fingerprint | 1549 |
| impressions at a county sheriff's office, municipal police | 1550 |
| department, or any other entity with the ability to make | 1551 |
| fingerprint impressions on the standard impression sheets | 1552 |
| prescribed by the superintendent. The office, department, or | 1553 |
| entity may charge the person a reasonable fee for making the | 1554 |
| impressions. The standard impression sheets the superintendent | 1555 |
| prescribes pursuant to this division may be in a tangible format, | 1556 |
| in an electronic format, or in both tangible and electronic | 1557 |
| formats. | 1558 |
| (3) Subject to division (D) of this section, the | 1559 |
| superintendent shall prescribe and charge a reasonable fee for | 1560 |
| providing a criminal records check requested under section | 1561 |
| 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, | 1562 |
| 1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 1563 |
| 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 1564 |
| 3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121, | 1565 |
| 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, | 1566 |
| 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531, | 1567 |
| 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06, | 1568 |
| 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 1569 |
| 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013, | 1570 |
| 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or | 1571 |
| 5153.111 of the Revised Code. The person making a criminal | 1572 |
| records request under any of those sections shall pay the fee | 1573 |
| prescribed pursuant to this division. A person making a | 1574 |
| request under section 3701.881 of the Revised Code for a | 1575 |
| criminal records check for an applicant who may be both | 1576 |
| responsible for the care, custody, or control of a child and | 1577 |
| involved in providing direct care to an older adult shall pay | 1578 |
| one fee for the request. In the case of a request under section | 1579 |
| 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or | 1580 |
| 5111.032 of the Revised Code, the fee shall be paid in the | 1581 |
| manner specified in that section. | 1582 |
| (4) The superintendent of the bureau of criminal | 1583 |
| identification and investigation may prescribe methods of | 1584 |
| forwarding fingerprint impressions and information necessary to | 1585 |
| conduct a criminal records check, which methods shall include, but | 1586 |
| not be limited to, an electronic method. | 1587 |
| (D) A determination whether any information exists that | 1588 |
| indicates that a person previously has been convicted of or | 1589 |
| pleaded guilty to any offense listed or described in division | 1590 |
| (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 1591 |
| (b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or | 1592 |
| (b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of | 1593 |
| this section, or that indicates that a person previously has | 1594 |
| been convicted of or pleaded guilty to any criminal offense in | 1595 |
| this state or any other state regarding a criminal records check | 1596 |
| of a type described in division (A)(13) of this section, and | 1597 |
| that is made by the superintendent with respect to information | 1598 |
| considered in a criminal records check in accordance with this | 1599 |
| section is valid for the person who is the subject of the | 1600 |
| criminal records check for a period of one year from the date | 1601 |
| upon which the superintendent makes the determination. During the | 1602 |
| period in which the determination in regard to a person is valid, | 1603 |
| if another request under this section is made for a criminal | 1604 |
| records check for that person, the superintendent shall provide | 1605 |
| the information that is the basis for the superintendent's | 1606 |
| initial determination at a lower fee than the fee prescribed for | 1607 |
| the initial criminal records check. | 1608 |
| (E) As used in this section: | 1609 |
| (1) "Criminal records check" means any criminal records check | 1610 |
| conducted by the superintendent of the bureau of criminal | 1611 |
| identification and investigation in accordance with division (B) | 1612 |
| of this section. | 1613 |
| (2) "Minor drug possession offense" has the same meaning as | 1614 |
| in section 2925.01 of the Revised Code. | 1615 |
| (3) "Older adult" means a person age sixty or older. | 1616 |
| (4) "OVI or OVUAC violation" means a violation of section | 1617 |
| 4511.19 of the Revised Code or a violation of an existing or | 1618 |
| former law of this state, any other state, or the United States | 1619 |
| that is substantially equivalent to section 4511.19 of the Revised | 1620 |
| Code. | 1621 |
| Sec. 109.73. (A) The Ohio peace officer training commission | 1622 |
| shall recommend rules to the attorney general with respect to all | 1623 |
| of the following: | 1624 |
| (1) The approval, or revocation of approval, of peace officer | 1625 |
| training schools administered by the state, counties, municipal | 1626 |
| corporations, public school districts, technical college | 1627 |
| districts, and the department of natural resources; | 1628 |
| (2) Minimum courses of study, attendance requirements, and | 1629 |
| equipment and facilities to be required at approved state, county, | 1630 |
| municipal, and department of natural resources peace officer | 1631 |
| training schools; | 1632 |
| (3) Minimum qualifications for instructors at approved state, | 1633 |
| county, municipal, and department of natural resources peace | 1634 |
| officer training schools; | 1635 |
| (4) The requirements of minimum basic training that peace | 1636 |
| officers appointed to probationary terms shall complete before | 1637 |
| being eligible for permanent appointment, which requirements shall | 1638 |
|
include | 1639 |
| the offense of domestic violence, other types of domestic | 1640 |
| violence-related offenses and incidents, and protection orders and | 1641 |
| consent agreements issued or approved under section 2919.26 or | 1642 |
|
3113.31 of the Revised Code; | 1643 |
|
intervention training; and | 1644 |
| handling of missing children and child abuse and neglect cases; | 1645 |
| and the time within which such basic training shall be completed | 1646 |
| following appointment to a probationary term; | 1647 |
| (5) The requirements of minimum basic training that peace | 1648 |
| officers not appointed for probationary terms but appointed on | 1649 |
| other than a permanent basis shall complete in order to be | 1650 |
| eligible for continued employment or permanent appointment, which | 1651 |
|
requirements shall include | 1652 |
| in the handling of the offense of domestic violence, other types | 1653 |
| of domestic violence-related offenses and incidents, and | 1654 |
| protection orders and consent agreements issued or approved under | 1655 |
|
section 2919.26 or 3113.31 of the Revised Code, | 1656 |
| 1657 | |
| training in the handling of missing children and child abuse and | 1658 |
| neglect cases, and the time within which such basic training shall | 1659 |
| be completed following appointment on other than a permanent | 1660 |
| basis; | 1661 |
| (6) Categories or classifications of advanced in-service | 1662 |
| training programs for peace officers, including programs in the | 1663 |
| handling of the offense of domestic violence, other types of | 1664 |
| domestic violence-related offenses and incidents, and protection | 1665 |
| orders and consent agreements issued or approved under section | 1666 |
| 2919.26 or 3113.31 of the Revised Code, in crisis intervention, | 1667 |
| and in the handling of missing children and child abuse and | 1668 |
| neglect cases, and minimum courses of study and attendance | 1669 |
| requirements with respect to such categories or classifications; | 1670 |
| (7) Permitting persons, who are employed as members of a | 1671 |
| campus police department appointed under section 1713.50 of the | 1672 |
| Revised Code; who are employed as police officers by a qualified | 1673 |
| nonprofit corporation police department pursuant to section | 1674 |
| 1702.80 of the Revised Code; who are appointed and commissioned as | 1675 |
| bank, savings and loan association, savings bank, credit union, or | 1676 |
| association of banks, savings and loan associations, savings | 1677 |
| banks, or credit unions police officers, as railroad police | 1678 |
| officers, or as hospital police officers pursuant to sections | 1679 |
| 4973.17 to 4973.22 of the Revised Code; or who are appointed and | 1680 |
| commissioned as amusement park police officers pursuant to section | 1681 |
| 4973.17 of the Revised Code, to attend approved peace officer | 1682 |
| training schools, including the Ohio peace officer training | 1683 |
| academy, and to receive certificates of satisfactory completion of | 1684 |
| basic training programs, if the private college or university that | 1685 |
| established the campus police department; qualified nonprofit | 1686 |
| corporation police department; bank, savings and loan association, | 1687 |
| savings bank, credit union, or association of banks, savings and | 1688 |
| loan associations, savings banks, or credit unions; railroad | 1689 |
| company; hospital; or amusement park sponsoring the police | 1690 |
| officers pays the entire cost of the training and certification | 1691 |
| and if trainee vacancies are available; | 1692 |
| (8) Permitting undercover drug agents to attend approved | 1693 |
| peace officer training schools, other than the Ohio peace officer | 1694 |
| training academy, and to receive certificates of satisfactory | 1695 |
| completion of basic training programs, if, for each undercover | 1696 |
| drug agent, the county, township, or municipal corporation that | 1697 |
| employs that undercover drug agent pays the entire cost of the | 1698 |
| training and certification; | 1699 |
| (9)(a) The requirements for basic training programs for | 1700 |
| bailiffs and deputy bailiffs of courts of record of this state and | 1701 |
| for criminal investigators employed by the state public defender | 1702 |
| that those persons shall complete before they may carry a firearm | 1703 |
| while on duty; | 1704 |
| (b) The requirements for any training received by a bailiff | 1705 |
| or deputy bailiff of a court of record of this state or by a | 1706 |
| criminal investigator employed by the state public defender prior | 1707 |
| to June 6, 1986, that is to be considered equivalent to the | 1708 |
| training described in division (A)(9)(a) of this section. | 1709 |
| (10) Establishing minimum qualifications and requirements for | 1710 |
| certification for dogs utilized by law enforcement agencies; | 1711 |
| (11) Establishing minimum requirements for certification of | 1712 |
| persons who are employed as correction officers in a full-service | 1713 |
| jail, five-day facility, or eight-hour holding facility or who | 1714 |
| provide correction services in such a jail or facility; | 1715 |
| (12) Establishing requirements for the training of agents of | 1716 |
| a county humane society under section 1717.06 of the Revised Code, | 1717 |
| including, without limitation, a requirement that the agents | 1718 |
| receive instruction on traditional animal husbandry methods and | 1719 |
| training techniques, including customary owner-performed | 1720 |
| practices. | 1721 |
| (B) The commission shall appoint an executive director, with | 1722 |
| the approval of the attorney general, who shall hold office during | 1723 |
| the pleasure of the commission. The executive director shall | 1724 |
| perform such duties assigned by the commission. The executive | 1725 |
| director shall receive a salary fixed pursuant to Chapter 124. of | 1726 |
| the Revised Code and reimbursement for expenses within the amounts | 1727 |
| available by appropriation. The executive director may appoint | 1728 |
| officers, employees, agents, and consultants as the executive | 1729 |
| director considers necessary, prescribe their duties, and provide | 1730 |
| for reimbursement of their expenses within the amounts available | 1731 |
| for reimbursement by appropriation and with the approval of the | 1732 |
| commission. | 1733 |
| (C) The commission may do all of the following: | 1734 |
| (1) Recommend studies, surveys, and reports to be made by the | 1735 |
| executive director regarding the carrying out of the objectives | 1736 |
| and purposes of sections 109.71 to 109.77 of the Revised Code; | 1737 |
| (2) Visit and inspect any peace officer training school that | 1738 |
| has been approved by the executive director or for which | 1739 |
| application for approval has been made; | 1740 |
| (3) Make recommendations, from time to time, to the executive | 1741 |
| director, the attorney general, and the general assembly regarding | 1742 |
| the carrying out of the purposes of sections 109.71 to 109.77 of | 1743 |
| the Revised Code; | 1744 |
| (4) Report to the attorney general from time to time, and to | 1745 |
| the governor and the general assembly at least annually, | 1746 |
| concerning the activities of the commission; | 1747 |
| (5) Establish fees for the services the commission offers | 1748 |
| under sections 109.71 to 109.79 of the Revised Code, including, | 1749 |
| but not limited to, fees for training, certification, and testing; | 1750 |
| (6) Perform such other acts as are necessary or appropriate | 1751 |
| to carry out the powers and duties of the commission as set forth | 1752 |
| in sections 109.71 to 109.77 of the Revised Code. | 1753 |
| (D) In establishing the requirements, under division (A)(12) | 1754 |
| of this section, the commission may consider any portions of the | 1755 |
| curriculum for instruction on the topic of animal husbandry | 1756 |
| practices, if any, of the Ohio state university college of | 1757 |
| veterinary medicine. No person or entity that fails to provide | 1758 |
| instruction on traditional animal husbandry methods and training | 1759 |
| techniques, including customary owner-performed practices, shall | 1760 |
| qualify to train a humane agent for appointment under section | 1761 |
| 1717.06 of the Revised Code. | 1762 |
| Sec. 109.742. The attorney general shall adopt, in | 1763 |
| accordance with Chapter 119. or pursuant to section 109.74 of the | 1764 |
| Revised Code, rules governing the training of peace officers in | 1765 |
|
crisis intervention. The rules shall specify
| 1766 |
| 1767 | |
| completion of basic training programs at approved peace officer | 1768 |
| training schools, other than the Ohio peace officer training | 1769 |
| academy. | 1770 |
| Sec. 109.744. The attorney general shall adopt, in | 1771 |
| accordance with Chapter 119. of the Revised Code or pursuant to | 1772 |
| section 109.74 of the Revised Code, rules governing the training | 1773 |
| of peace officers in the handling of the offense of domestic | 1774 |
| violence, other types of domestic violence-related offenses and | 1775 |
| incidents, and protection orders and consent agreements issued or | 1776 |
| approved under section 2919.26 or 3113.31 of the Revised Code. The | 1777 |
| provisions of the rules shall include, but shall not be limited | 1778 |
| to, all of the following: | 1779 |
| (A) A | 1780 |
|
amount of | 1781 |
| satisfactory completion of basic training programs at approved | 1782 |
| peace officer training schools, other than the Ohio peace officer | 1783 |
| training academy; | 1784 |
| (B) A requirement that the training include, but not be | 1785 |
| limited to, training in all of the following: | 1786 |
| (1) All recent amendments to domestic violence-related laws; | 1787 |
| (2) Notifying a victim of domestic violence of | 1788 |
| victim's rights; | 1789 |
| (3) Processing protection orders and consent agreements | 1790 |
| issued or approved under section 2919.26 or 3113.31 of the Revised | 1791 |
| Code. | 1792 |
| Sec. 109.751. (A) The executive director of the Ohio peace | 1793 |
| officer training commission shall neither approve nor issue a | 1794 |
| certificate of approval to a peace officer training school | 1795 |
| pursuant to section 109.75 of the Revised Code unless the school | 1796 |
| agrees to permit, in accordance with rules adopted by the attorney | 1797 |
| general pursuant to division (C) of this section, undercover drug | 1798 |
| agents to attend its basic training programs. The executive | 1799 |
| director shall revoke approval, and the certificate of approval | 1800 |
| of, a peace officer training school that does not permit, in | 1801 |
| accordance with rules adopted by the attorney general pursuant to | 1802 |
| division (C) of this section, undercover drug agents to attend its | 1803 |
| basic training programs. | 1804 |
| This division does not apply to peace officer training | 1805 |
| schools for employees of conservancy districts who are designated | 1806 |
| pursuant to section 6101.75 of the Revised Code or for a natural | 1807 |
| resources law enforcement staff officer, park officers, forest | 1808 |
| officers, preserve officers, wildlife officers, or state | 1809 |
| watercraft officers of the department of natural resources. | 1810 |
| (B)(1) A peace officer training school is not required to | 1811 |
| permit an undercover drug agent, a bailiff or deputy bailiff of a | 1812 |
| court of record of this state, or a criminal investigator employed | 1813 |
| by the state public defender to attend its basic training programs | 1814 |
| if either of the following applies: | 1815 |
| (a) In the case of the Ohio peace officer training academy, | 1816 |
| the employer county, township, municipal corporation, court, or | 1817 |
| state public defender or the particular undercover drug agent, | 1818 |
| bailiff, deputy bailiff, or criminal investigator has not paid the | 1819 |
| tuition costs of training in accordance with section 109.79 of the | 1820 |
| Revised Code; | 1821 |
| (b) In the case of other peace officer training schools, the | 1822 |
| 1823 | |
| or state public defender fails to pay the entire cost of the | 1824 |
| training and certification. | 1825 |
| (2) A training school shall not permit a bailiff or deputy | 1826 |
| bailiff of a court of record of this state or a criminal | 1827 |
| investigator employed by the state public defender to attend its | 1828 |
| basic training programs unless the employing court of the bailiff | 1829 |
| or deputy bailiff or the state public defender, whichever is | 1830 |
| applicable, has authorized the bailiff, deputy bailiff, or | 1831 |
| investigator to attend the school. | 1832 |
| (C) The attorney general shall adopt, in accordance with | 1833 |
| Chapter 119. or pursuant to section 109.74 of the Revised Code, | 1834 |
| rules governing the attendance of undercover drug agents at | 1835 |
| approved peace officer training schools, other than the Ohio peace | 1836 |
| officer training academy, and the certification of the agents upon | 1837 |
| their satisfactory completion of basic training programs. | 1838 |
| Sec. 109.761. (A)(1) Each agency or entity that appoints or | 1839 |
| employs one or more peace officers shall report to the Ohio peace | 1840 |
| officer training commission all of the following that occur on or | 1841 |
| after February 20, 2002: | 1842 |
| (a) The appointment or employment of any person to serve the | 1843 |
| agency or entity as a peace officer in any full-time, part-time, | 1844 |
| reserve, auxiliary, or other capacity; | 1845 |
| (b) The termination, resignation, felony conviction, | 1846 |
| death, or guilty plea as specified in division (F) of section | 1847 |
| 109.77 of the Revised Code of any person who has been appointed to | 1848 |
| or employed by the agency or entity as a peace officer in any | 1849 |
| full-time, part-time, reserve, auxiliary, or other capacity and is | 1850 |
| serving the agency or entity in any of those peace officer | 1851 |
| capacities. | 1852 |
| (2) An agency or entity shall make each report required by | 1853 |
| this division not later than ten days after the occurrence of the | 1854 |
| event being reported. The agency or entity shall make the report | 1855 |
| in the manner and format prescribed by the executive director of | 1856 |
| the Ohio peace officer training commission. | 1857 |
| (B) Each agency or entity that appoints or employs one or | 1858 |
| more peace officers or state highway patrol troopers shall | 1859 |
| annually provide to the Ohio peace officer training commission a | 1860 |
| roster of all persons who have been appointed to or employed by | 1861 |
| the agency or entity as peace officers or troopers in any | 1862 |
| full-time, part-time, reserve, auxiliary, or other capacity and | 1863 |
| are serving, or during the year covered by the report have served, | 1864 |
| the agency or entity in any of those peace officer or trooper | 1865 |
| capacities. The agency or entity shall provide the roster in the | 1866 |
| manner and format, and by the date, prescribed by the executive | 1867 |
| director of the Ohio peace officer training commission. | 1868 |
| (C) The Ohio peace officer training commission shall | 1869 |
| prescribe the manner and format of making reports under division | 1870 |
| (A) of this section and providing annual rosters under division | 1871 |
| (B) of this section and shall prescribe the date by which the | 1872 |
| annual rosters must be provided. | 1873 |
| Sec. 109.77. (A) As used in this section, "felony" has the | 1874 |
| same meaning as in section 109.511 of the Revised Code. | 1875 |
| (B)(1) Notwithstanding any general, special, or local law or | 1876 |
| charter to the contrary, and except as otherwise provided in this | 1877 |
| section, no person shall receive an original appointment on a | 1878 |
| permanent basis as any of the following unless the person | 1879 |
| previously has been awarded a certificate by the executive | 1880 |
| director of the Ohio peace officer training commission attesting | 1881 |
| to the person's satisfactory completion of an approved state, | 1882 |
| county, municipal, or department of natural resources peace | 1883 |
| officer basic training program: | 1884 |
| (a) A peace officer of any county, township, municipal | 1885 |
| corporation, regional transit authority, or metropolitan housing | 1886 |
| authority; | 1887 |
| (b) A natural resources law enforcement staff officer, park | 1888 |
| officer, forest officer, preserve officer, wildlife officer, or | 1889 |
| state watercraft officer of the department of natural resources; | 1890 |
| (c) An employee of a park district under section 511.232 or | 1891 |
| 1545.13 of the Revised Code; | 1892 |
| (d) An employee of a conservancy district who is designated | 1893 |
| pursuant to section 6101.75 of the Revised Code; | 1894 |
| (e) A state university law enforcement officer; | 1895 |
| (f) A special police officer employed by the department of | 1896 |
| mental health pursuant to section 5119.14 of the Revised Code or | 1897 |
| the department of mental retardation and developmental | 1898 |
| disabilities pursuant to section 5123.13 of the Revised Code; | 1899 |
| (g) An enforcement agent of the department of public safety | 1900 |
| whom the director of public safety designates under section | 1901 |
| 5502.14 of the Revised Code; | 1902 |
| (h) A special police officer employed by a port authority | 1903 |
| under section 4582.04 or 4582.28 of the Revised Code; | 1904 |
| (i) A special police officer employed by a municipal | 1905 |
| corporation at a municipal airport, or other municipal air | 1906 |
| navigation facility, that has scheduled operations, as defined in | 1907 |
| section 119.3 of Title 14 of the Code of Federal Regulations, 14 | 1908 |
| C.F.R. 119.3, as amended, and that is required to be under a | 1909 |
| security program and is governed by aviation security rules of the | 1910 |
| transportation security administration of the United States | 1911 |
| department of transportation as provided in Parts 1542. and 1544. | 1912 |
| of Title 49 of the Code of Federal Regulations, as amended. | 1913 |
| (2) Every person who is appointed on a temporary basis or for | 1914 |
| a probationary term or on other than a permanent basis as any of | 1915 |
| the following shall forfeit the appointed position unless the | 1916 |
| person previously has completed satisfactorily or, within the time | 1917 |
| prescribed by rules adopted by the attorney general pursuant to | 1918 |
| section 109.74 of the Revised Code, satisfactorily completes a | 1919 |
| state, county, municipal, or department of natural resources peace | 1920 |
| officer basic training program for temporary or probationary | 1921 |
| officers and is awarded a certificate by the director attesting to | 1922 |
| the satisfactory completion of the program: | 1923 |
| (a) A peace officer of any county, township, municipal | 1924 |
| corporation, regional transit authority, or metropolitan housing | 1925 |
| authority; | 1926 |
| (b) A natural resources law enforcement staff officer, park | 1927 |
| officer, forest officer, preserve officer, wildlife officer, or | 1928 |
| state watercraft officer of the department of natural resources; | 1929 |
| (c) An employee of a park district under section 511.232 or | 1930 |
| 1545.13 of the Revised Code; | 1931 |
| (d) An employee of a conservancy district who is designated | 1932 |
| pursuant to section 6101.75 of the Revised Code; | 1933 |
| (e) A special police officer employed by the department of | 1934 |
| mental health pursuant to section 5119.14 of the Revised Code or | 1935 |
| the department of mental retardation and developmental | 1936 |
| disabilities pursuant to section 5123.13 of the Revised Code; | 1937 |
| (f) An enforcement agent of the department of public safety | 1938 |
| whom the director of public safety designates under section | 1939 |
| 5502.14 of the Revised Code; | 1940 |
| (g) A special police officer employed by a port authority | 1941 |
| under section 4582.04 or 4582.28 of the Revised Code; | 1942 |
| (h) A special police officer employed by a municipal | 1943 |
| corporation at a municipal airport, or other municipal air | 1944 |
| navigation facility, that has scheduled operations, as defined in | 1945 |
| section 119.3 of Title 14 of the Code of Federal Regulations, 14 | 1946 |
| C.F.R. 119.3, as amended, and that is required to be under a | 1947 |
| security program and is governed by aviation security rules of the | 1948 |
| transportation security administration of the United States | 1949 |
| department of transportation as provided in Parts 1542. and 1544. | 1950 |
| of Title 49 of the Code of Federal Regulations, as amended. | 1951 |
| (3) For purposes of division (B) of this section, a state, | 1952 |
| county, municipal, or department of natural resources peace | 1953 |
| officer basic training program, regardless of whether the program | 1954 |
| is to be completed by peace officers appointed on a permanent or | 1955 |
| temporary, probationary, or other nonpermanent basis, shall | 1956 |
|
include | 1957 |
| offense of domestic violence, other types of domestic | 1958 |
| violence-related offenses and incidents, and protection orders and | 1959 |
| consent agreements issued or approved under section 2919.26 or | 1960 |
|
3113.31 of the Revised Code and | 1961 |
|
intervention training. The requirement to complete | 1962 |
| 1963 | |
| other types of domestic violence-related offenses and incidents, | 1964 |
| and protection orders and consent agreements issued or approved | 1965 |
| under section 2919.26 or 3113.31 of the Revised Code does not | 1966 |
| apply to any person serving as a peace officer on March 27, 1979, | 1967 |
|
and the requirement to complete | 1968 |
| intervention does not apply to any person serving as a peace | 1969 |
| officer on April 4, 1985. Any person who is serving as a peace | 1970 |
| officer on April 4, 1985, who terminates that employment after | 1971 |
| that date, and who subsequently is hired as a peace officer by the | 1972 |
|
same or another law enforcement agency shall complete | 1973 |
| 1974 | |
| prescribed by rules adopted by the attorney general pursuant to | 1975 |
| section 109.742 of the Revised Code. No peace officer shall have | 1976 |
| employment as a peace officer terminated and then be reinstated | 1977 |
| with intent to circumvent this section. | 1978 |
| (4) Division (B) of this section does not apply to any person | 1979 |
| serving on a permanent basis on March 28, 1985, as a park officer, | 1980 |
| forest officer, preserve officer, wildlife officer, or state | 1981 |
| watercraft officer of the department of natural resources or as an | 1982 |
| employee of a park district under section 511.232 or 1545.13 of | 1983 |
| the Revised Code, to any person serving on a permanent basis on | 1984 |
| March 6, 1986, as an employee of a conservancy district designated | 1985 |
| pursuant to section 6101.75 of the Revised Code, to any person | 1986 |
| serving on a permanent basis on January 10, 1991, as a preserve | 1987 |
| officer of the department of natural resources, to any person | 1988 |
| employed on a permanent basis on July 2, 1992, as a special police | 1989 |
| officer by the department of mental health pursuant to section | 1990 |
| 5119.14 of the Revised Code or by the department of mental | 1991 |
| retardation and developmental disabilities pursuant to section | 1992 |
| 5123.13 of the Revised Code, to any person serving on a permanent | 1993 |
| basis on May 17, 2000, as a special police officer employed by a | 1994 |
| port authority under section 4582.04 or 4582.28 of the Revised | 1995 |
|
Code,
to any person serving on a
permanent basis on | 1996 |
| 1997 | |
| employed by a municipal corporation at a municipal airport or | 1998 |
| other municipal air navigation facility described in division | 1999 |
| (A)(19) of section 109.71 of the Revised Code, to any person | 2000 |
| serving on a permanent basis on June 19, 1978, as a state | 2001 |
| university law enforcement officer pursuant to section 3345.04 of | 2002 |
| the Revised Code and who, immediately prior to June 19, 1978, was | 2003 |
| serving as a special police officer designated under authority of | 2004 |
| that section, or to any person serving on a permanent basis on | 2005 |
| September 20, 1984, as a liquor control investigator, known after | 2006 |
| June 30, 1999, as an enforcement agent of the department of public | 2007 |
| safety, engaged in the enforcement of Chapters 4301. and 4303. of | 2008 |
| the Revised Code. | 2009 |
| (5) Division (B) of this section does not apply to any person | 2010 |
| who is appointed as a regional transit authority police officer | 2011 |
| pursuant to division (Y) of section 306.35 of the Revised Code if, | 2012 |
| on or before July 1, 1996, the person has completed satisfactorily | 2013 |
| an approved state, county, municipal, or department of natural | 2014 |
| resources peace officer basic training program and has been | 2015 |
| awarded a certificate by the executive director of the Ohio peace | 2016 |
| officer training commission attesting to the person's satisfactory | 2017 |
| completion of such an approved program and if, on July 1, 1996, | 2018 |
| the person is performing peace officer functions for a regional | 2019 |
| transit authority. | 2020 |
| (C) No person, after September 20, 1984, shall receive an | 2021 |
| original appointment on a permanent basis as a veterans' home | 2022 |
| police officer designated under section 5907.02 of the Revised | 2023 |
| Code unless the person previously has been awarded a certificate | 2024 |
| by the executive director of the Ohio peace officer training | 2025 |
| commission attesting to the person's satisfactory completion of an | 2026 |
| approved police officer basic training program. Every person who | 2027 |
| is appointed on a temporary basis or for a probationary term or on | 2028 |
| other than a permanent basis as a veterans' home police officer | 2029 |
| designated under section 5907.02 of the Revised Code shall forfeit | 2030 |
| that position unless the person previously has completed | 2031 |
| satisfactorily or, within one year from the time of appointment, | 2032 |
| satisfactorily completes an approved police officer basic training | 2033 |
| program. | 2034 |
| (D) No bailiff or deputy bailiff of a court of record of this | 2035 |
| state and no criminal investigator who is employed by the state | 2036 |
| public defender shall carry a firearm, as defined in section | 2037 |
| 2923.11 of the Revised Code, while on duty unless the bailiff, | 2038 |
| deputy bailiff, or criminal investigator has done or received one | 2039 |
| of the following: | 2040 |
| (1) Has been awarded a certificate by the executive director | 2041 |
| of the Ohio peace officer training commission, which certificate | 2042 |
| attests to satisfactory completion of an approved state, county, | 2043 |
| or municipal basic training program for bailiffs and deputy | 2044 |
| bailiffs of courts of record and for criminal investigators | 2045 |
| employed by the state public defender that has been recommended by | 2046 |
| the Ohio peace officer training commission; | 2047 |
| (2) Has successfully completed a firearms training program | 2048 |
| approved by the Ohio peace officer training commission prior to | 2049 |
| employment as a bailiff, deputy bailiff, or criminal investigator; | 2050 |
| (3) Prior to June 6, 1986, was authorized to carry a firearm | 2051 |
| by the court that employed the bailiff or deputy bailiff or, in | 2052 |
| the case of a criminal investigator, by the state public defender | 2053 |
| and has received training in the use of firearms that the Ohio | 2054 |
| peace officer training commission determines is equivalent to the | 2055 |
| training that otherwise is required by division (D) of this | 2056 |
| section. | 2057 |
| (E)(1) Before a person seeking a certificate completes an | 2058 |
| approved peace officer basic training program, the executive | 2059 |
| director of the Ohio peace officer training commission shall | 2060 |
| request the person to disclose, and the person shall disclose, any | 2061 |
| previous criminal conviction of or plea of guilty of that person | 2062 |
| to a felony. | 2063 |
| (2) Before a person seeking a certificate completes an | 2064 |
| approved peace officer basic training program, the executive | 2065 |
| director shall request a criminal history records check on the | 2066 |
| person. The executive director shall submit the person's | 2067 |
| fingerprints to the bureau of criminal identification and | 2068 |
| investigation, which shall submit the fingerprints to the federal | 2069 |
| bureau of investigation for a national criminal history records | 2070 |
| check. | 2071 |
| Upon receipt of the executive director's request, the bureau | 2072 |
| of criminal identification and investigation and the federal | 2073 |
| bureau of investigation shall conduct a criminal history records | 2074 |
| check on the person and, upon completion of the check, shall | 2075 |
| provide a copy of the criminal history records check to the | 2076 |
| executive director. The executive director shall not award any | 2077 |
| certificate prescribed in this section unless the executive | 2078 |
| director has received a copy of the criminal history records check | 2079 |
| on the person to whom the certificate is to be awarded. | 2080 |
| (3) The executive director of the commission shall not award | 2081 |
| a certificate prescribed in this section to a person who has been | 2082 |
| convicted of or has pleaded guilty to a felony or who fails to | 2083 |
| disclose any previous criminal conviction of or plea of guilty to | 2084 |
| a felony as required under division (E)(1) of this section. | 2085 |
| (4) The executive director of the commission shall revoke the | 2086 |
| certificate awarded to a person as prescribed in this section, and | 2087 |
| that person shall forfeit all of the benefits derived from being | 2088 |
| certified as a peace officer under this section, if the person, | 2089 |
| before completion of an approved peace officer basic training | 2090 |
| program, failed to disclose any previous criminal conviction of or | 2091 |
| plea of guilty to a felony as required under division (E)(1) of | 2092 |
| this section. | 2093 |
| (F)(1) Regardless of whether the person has been awarded the | 2094 |
| certificate or has been classified as a peace officer prior to, | 2095 |
| on, or after October 16, 1996, the executive director of the Ohio | 2096 |
| peace officer training commission shall revoke any certificate | 2097 |
| that has been awarded to a person as prescribed in this section if | 2098 |
| the person does either of the following: | 2099 |
| (a) Pleads guilty to a felony committed on or after January | 2100 |
| 1, 1997; | 2101 |
| (b) Pleads guilty to a misdemeanor committed on or after | 2102 |
| January 1, 1997, pursuant to a negotiated plea agreement as | 2103 |
| provided in division (D) of section 2929.43 of the Revised Code in | 2104 |
| which the person agrees to surrender the certificate awarded to | 2105 |
| the person under this section. | 2106 |
| (2) The executive director of the commission shall suspend | 2107 |
| any certificate that has been awarded to a person as prescribed in | 2108 |
| this section if the person is convicted, after trial, of a felony | 2109 |
| committed on or after January 1, 1997. The executive director | 2110 |
| shall suspend the certificate pursuant to division (F)(2) of this | 2111 |
| section pending the outcome of an appeal by the person from that | 2112 |
| conviction to the highest court to which the appeal is taken or | 2113 |
| until the expiration of the period in which an appeal is required | 2114 |
| to be filed. If the person files an appeal that results in that | 2115 |
| person's acquittal of the felony or conviction of a misdemeanor, | 2116 |
| or in the dismissal of the felony charge against that person, the | 2117 |
| executive director shall reinstate the certificate awarded to the | 2118 |
| person under this section. If the person files an appeal from that | 2119 |
| person's conviction of the felony and the conviction is upheld by | 2120 |
| the highest court to which the appeal is taken or if the person | 2121 |
| does not file a timely appeal, the executive director shall revoke | 2122 |
| the certificate awarded to the person under this section. | 2123 |
| (G)(1) If a person is awarded a certificate under this | 2124 |
| section and the certificate is revoked pursuant to division (E)(4) | 2125 |
| or (F) of this section, the person shall not be eligible to | 2126 |
| receive, at any time, a certificate attesting to the person's | 2127 |
| satisfactory completion of a peace officer basic training program. | 2128 |
| (2) The revocation or suspension of a certificate under | 2129 |
| division (E)(4) or (F) of this section shall be in accordance with | 2130 |
| Chapter 119. of the Revised Code. | 2131 |
| (H)(1) A person who was employed as a peace officer of a | 2132 |
| county, township, or municipal corporation of the state on January | 2133 |
| 1, 1966, and who has completed at least sixteen years of full-time | 2134 |
| active service as such a peace officer, or equivalent service as | 2135 |
| determined by the executive director of the Ohio peace officer | 2136 |
| training commission, may receive an original appointment on a | 2137 |
| permanent basis and serve as a peace officer of a county, | 2138 |
| township, or municipal corporation, or as a state university law | 2139 |
| enforcement officer, without complying with the requirements of | 2140 |
| division (B) of this section. | 2141 |
| (2) Any person who held an appointment as a state highway | 2142 |
| trooper on January 1, 1966, may receive an original appointment on | 2143 |
| a permanent basis and serve as a peace officer of a county, | 2144 |
| township, or municipal corporation, or as a state university law | 2145 |
| enforcement officer, without complying with the requirements of | 2146 |
| division (B) of this section. | 2147 |
| (I) No person who is appointed as a peace officer of a | 2148 |
| county, township, or municipal corporation on or after April 9, | 2149 |
| 1985, shall serve as a peace officer of that county, township, or | 2150 |
| municipal corporation unless the person has received training in | 2151 |
| the handling of missing children and child abuse and neglect cases | 2152 |
| from an approved state, county, township, or municipal police | 2153 |
| officer basic training program or receives the training within the | 2154 |
| time prescribed by rules adopted by the attorney general pursuant | 2155 |
| to section 109.741 of the Revised Code. | 2156 |
| (J) No part of any approved state, county, or municipal basic | 2157 |
| training program for bailiffs and deputy bailiffs of courts of | 2158 |
| record and no part of any approved state, county, or municipal | 2159 |
| basic training program for criminal investigators employed by the | 2160 |
| state public defender shall be used as credit toward the | 2161 |
| completion by a peace officer of any part of the approved state, | 2162 |
| county, or municipal peace officer basic training program that the | 2163 |
| peace officer is required by this section to complete | 2164 |
| satisfactorily. | 2165 |
| (K) This section does not apply to any member of the police | 2166 |
| department of a municipal corporation in an adjoining state | 2167 |
| serving in this state under a contract pursuant to section 737.04 | 2168 |
| of the Revised Code. | 2169 |
| Sec. 109.802. (A) There is hereby created in the state | 2170 |
|
treasury the law enforcement assistance fund. The | 2171 |
|
general shall | 2172 |
| continuing professional training programs for peace officers and | 2173 |
| troopers as provided in this section and section 109.803 of the | 2174 |
|
Revised Code,
| 2175 |
| general required to administer those sections, and any other | 2176 |
| administrative costs incurred by the attorney general to | 2177 |
| administer those sections. | 2178 |
| (B) The attorney general shall adopt rules in accordance with | 2179 |
| Chapter 119. of the Revised Code establishing application | 2180 |
| procedures, standards, and guidelines, and prescribing an | 2181 |
| application form, for the reimbursement of public appointing | 2182 |
| authorities for the cost of continuing professional training | 2183 |
| programs for their peace officers and troopers. The rules shall | 2184 |
| include, but are not limited to, all of the following: | 2185 |
| (1) A requirement that applications for reimbursement be | 2186 |
| submitted on a calendar-year basis; | 2187 |
| (2) The documentation required to substantiate any costs for | 2188 |
| which the applicant seeks reimbursement; | 2189 |
| (3) Procedures for submitting applications for reimbursement | 2190 |
| for the cost of continuing professional training programs | 2191 |
| completed by a peace officer or trooper for whom the executive | 2192 |
| director of the Ohio peace officer training commission granted | 2193 |
| pursuant to division (A)(2) of section 109.803 of the Revised Code | 2194 |
| an extension of the time for compliance with the continuing | 2195 |
| professional training requirement specified in division (A) of | 2196 |
| that section and who complied with the requirement prior to the | 2197 |
| date on which the extension ends; | 2198 |
| (4) Any other requirements necessary for the proper | 2199 |
| administration of the reimbursement program. | 2200 |
| (C) The Ohio peace officer training commission shall | 2201 |
| administer a program for reimbursing public appointing authorities | 2202 |
| for the costs of continuing professional training programs that | 2203 |
| are successfully completed by the appointing authority's peace | 2204 |
| officers or troopers. The commission shall administer the | 2205 |
| reimbursement program in accordance with rules adopted by the | 2206 |
| attorney general pursuant to division (B) of this section. | 2207 |
| (D) Each public appointing authority may apply each calendar | 2208 |
| year to the peace officer training commission for reimbursement | 2209 |
| for the costs of continuing professional training programs that | 2210 |
| are successfully completed by the appointing authority's peace | 2211 |
| officers or troopers. Each application shall be made in accordance | 2212 |
| with, on an application form prescribed in, and be supported by | 2213 |
| the documentation required by, the rules adopted by the attorney | 2214 |
| general pursuant to division (B) of this section. | 2215 |
| (E)(1) The Ohio peace officer training commission, in | 2216 |
| accordance with rules of the attorney general adopted under | 2217 |
| division (B) of this section, shall review each application for | 2218 |
| reimbursement made under division (D) of this section to determine | 2219 |
| if the applicant is entitled to reimbursement for the training | 2220 |
| programs for which the applicant seeks reimbursement. Except as | 2221 |
| provided in division (E)(2) of this section, a public appointing | 2222 |
| authority that complies with division (B) of section 109.761 of | 2223 |
| the Revised Code and applies under division (D) of this section | 2224 |
|
for reimbursement is entitled to reimbursement | 2225 |
| each of the appointing authority's peace officers or troopers | 2226 |
| 2227 | |
| training requirement specified in division (A)(1) of section | 2228 |
| 109.803 of the Revised Code by completing the minimum number of | 2229 |
| hours of training directed by the Ohio peace officer training | 2230 |
| commission under that division and with the other requirements | 2231 |
| described in that division. | 2232 |
| (2) | 2233 |
| 2234 | |
| 2235 | |
| 2236 | |
| 2237 | |
| 2238 | |
| 2239 | |
| 2240 | |
| 2241 | |
| 2242 | |
| 2243 | |
| 2244 | |
| 2245 |
| | 2246 |
| 2247 | |
| 2248 | |
| 2249 | |
| 2250 | |
| 2251 | |
| 2252 | |
| 2253 | |
| 2254 | |
| 2255 |
| | 2256 |
| authority for whom the executive director of the commission | 2257 |
| granted an extension pursuant to division (A)(2) of section | 2258 |
| 109.803 of the Revised Code complies prior to the date on which | 2259 |
| the extension ends with the continuing professional training | 2260 |
| requirement, and if the peace officer or trooper also has complied | 2261 |
| with the other requirements described in division (A)(1) of | 2262 |
| section 109.803 of the Revised Code, the public appointing | 2263 |
| authority is entitled to reimbursement for the training programs | 2264 |
| completed by that peace officer or trooper. An application for | 2265 |
| reimbursement of the type described in this division shall be made | 2266 |
| in accordance with rules adopted by the attorney general pursuant | 2267 |
| to division (B) of section 109.802 of the Revised Code. | 2268 |
| (3) If a public appointing authority that applies under | 2269 |
| division (D) of this section for reimbursement is entitled to | 2270 |
| reimbursement under division (E)(1) or (2) of this section for | 2271 |
| each peace officer and trooper who successfully completes a | 2272 |
| training program, the commission shall approve reimbursing the | 2273 |
| appointing authority for the cost of that program. The actual | 2274 |
| amount of reimbursement for each authorized training program shall | 2275 |
| be determined by rules adopted by the attorney general under | 2276 |
| division (B) of this section. | 2277 |
| If the public appointing authority is entitled to | 2278 |
|
reimbursement under division (E)(2) | 2279 |
| the reimbursement shall not be withheld during the period of the | 2280 |
| extension granted to the other peace officers or troopers of the | 2281 |
| authority pursuant to division (A)(2) of section 109.803 of the | 2282 |
| Revised Code, pending their compliance with the requirement. If | 2283 |
| the public appointing authority is entitled to reimbursement under | 2284 |
|
division (E)(2) | 2285 |
| officers or troopers who were granted an extension pursuant to | 2286 |
| division (A)(2) of section 109.803 of the Revised Code fails to | 2287 |
| complete prior to the date on which the extension ends the | 2288 |
| required minimum number of hours of continuing professional | 2289 |
| training set by the commission under division (A)(1) of section | 2290 |
| 109.803 of the Revised Code, the failure does not affect the | 2291 |
| reimbursement made to the public appointing authority, and the | 2292 |
| public appointing authority is not required to return the | 2293 |
| reimbursement or any portion of it. | 2294 |
| (F) Each public appointing authority that receives funds | 2295 |
| under this section shall keep those funds separate from any other | 2296 |
| funds of the appointing authority and shall use those funds only | 2297 |
| for paying the cost of continuing professional training programs. | 2298 |
| (G) As used in this section and section 109.803 of the | 2299 |
| Revised Code: | 2300 |
| (1) "Peace officer" has the same meaning as in section 109.71 | 2301 |
| of the Revised Code. | 2302 |
| (2) "Trooper" means an individual appointed as a state | 2303 |
| highway patrol trooper under section 5503.01 of the Revised Code. | 2304 |
| (3) "Appointing authority" means any agency or entity that | 2305 |
| appoints a peace officer or trooper. | 2306 |
| Sec. 109.803. (A)(1) Subject to division (A)(2) of this | 2307 |
| section, every appointing authority shall require each of its | 2308 |
| appointed peace officers and troopers to complete up to | 2309 |
| twenty-four hours of continuing professional training each | 2310 |
| calendar year, as directed by the Ohio peace officer training | 2311 |
| commission. The number of hours directed by the commission, up to | 2312 |
| twenty-four hours, is intended to be a minimum requirement, and | 2313 |
| appointing authorities are encouraged to exceed the number of | 2314 |
| hours the commission directs as the minimum. The commission shall | 2315 |
| set the required minimum number of hours based upon available | 2316 |
| funding for reimbursement as described in this division. If no | 2317 |
| funding for the reimbursement is available, no continuing | 2318 |
| professional training will be required. | 2319 |
| (2) An appointing authority may submit a written request to | 2320 |
| the peace officer training commission that requests for a calendar | 2321 |
| year because of emergency circumstances an extension of the time | 2322 |
| within which one or more of its appointed peace officers or | 2323 |
| troopers must complete the required minimum number of hours of | 2324 |
| continuing professional training set by the commission, as | 2325 |
| described in division (A)(1) of this section. A request made under | 2326 |
| this division shall set forth the name of each of the appointing | 2327 |
| authority's peace officers or troopers for whom an extension is | 2328 |
| requested, identify the emergency circumstances related to that | 2329 |
| peace officer or trooper, include documentation of those emergency | 2330 |
| circumstances, and set forth the date on which the request is | 2331 |
| submitted to the commission. A request shall be made under this | 2332 |
| division not later than the fifteenth day of December in the | 2333 |
| calendar year for which the extension is requested. | 2334 |
| Upon receipt of a written request made under this division, | 2335 |
| the executive director of the commission shall review the request | 2336 |
| and the submitted documentation. If the executive director of the | 2337 |
| commission is satisfied that emergency circumstances exist for any | 2338 |
| peace officer or trooper for whom a request was made under this | 2339 |
| division, the executive director may approve the request for that | 2340 |
| peace officer or trooper and grant an extension of the time within | 2341 |
| which that peace officer or trooper must complete the required | 2342 |
| minimum number of hours of continuing professional training set by | 2343 |
| the commission. An extension granted under this division may be | 2344 |
| for any period of time the executive director believes to be | 2345 |
| appropriate, and the executive director shall specify in the | 2346 |
| notice granting the extension the date on which the extension | 2347 |
| ends. Not later than thirty days after the date on which a request | 2348 |
| is submitted to the commission, for each peace officer and trooper | 2349 |
| for whom an extension is requested, the executive director either | 2350 |
| shall approve the request and grant an extension or deny the | 2351 |
| request and deny an extension and shall send to the appointing | 2352 |
| authority that submitted the request written notice of the | 2353 |
| executive director's decision. | 2354 |
| If the executive director grants an extension of the time | 2355 |
| within which a particular appointed peace officer or trooper of an | 2356 |
| appointing authority must complete the required minimum number of | 2357 |
| hours of continuing professional training set by the commission, | 2358 |
| the appointing authority shall require that peace officer or | 2359 |
| trooper to complete the required minimum number of hours of | 2360 |
| training not later than the date on which the extension ends. | 2361 |
| | 2362 |
| 2363 | |
| 2364 | |
| 2365 | |
| 2366 | |
| 2367 | |
| 2368 | |
| 2369 | |
| 2370 | |
| 2371 | |
| 2372 | |
| 2373 | |
| 2374 |
| | 2375 |
| 2376 | |
| 2377 | |
| 2378 | |
| 2379 | |
| 2380 | |
| 2381 | |
| 2382 | |
| 2383 | |
| 2384 | |
| 2385 | |
| 2386 | |
| 2387 | |
| 2388 |
| | 2389 |
| 2390 | |
| 2391 | |
| 2392 | |
| 2393 | |
| 2394 | |
| 2395 | |
| 2396 | |
| 2397 | |
| 2398 | |
| 2399 | |
| 2400 | |
| 2401 |
| | 2402 |
| 2403 | |
| 2404 | |
| 2405 | |
| 2406 | |
| 2407 | |
| 2408 | |
| 2409 | |
| 2410 | |
| 2411 | |
| 2412 | |
| 2413 |
| | 2414 |
| 2415 | |
| 2416 | |
| 2417 | |
| 2418 | |
| 2419 | |
| 2420 | |
| 2421 | |
| 2422 | |
| 2423 | |
| 2424 | |
| 2425 | |
| 2426 | |
| 2427 | |
| 2428 | |
| 2429 | |
| 2430 |
| | 2431 |
| commission, the attorney general shall adopt in accordance with | 2432 |
| Chapter 119. of the Revised Code rules setting forth minimum | 2433 |
| standards for continuing professional training for peace officers | 2434 |
| and troopers and governing the administration of continuing | 2435 |
| professional training programs for peace officers and troopers. | 2436 |
| The attorney general shall transmit a certified copy of any rule | 2437 |
| adopted under this section to the secretary of state. | 2438 |
| Sec. 111.26. (A) It is hereby declared to be a public | 2439 |
| purpose and function of the state to facilitate the conduct of | 2440 |
| elections by assisting boards of elections in acquiring state | 2441 |
| capital facilities consisting of voting machines, marking devices, | 2442 |
| and automatic tabulating equipment certified for use in this | 2443 |
| state under section 3506.05 of the Revised Code. Those voting | 2444 |
| machines, marking devices, and automatic tabulating equipment are | 2445 |
| designated as capital facilities under sections 152.09 to 152.33 | 2446 |
| of the Revised Code. The Ohio building authority is authorized to | 2447 |
| issue revenue obligations under sections 152.09 to 152.33 of the | 2448 |
| Revised Code to pay all or part of the cost of those state | 2449 |
| capital facilities as are designated by law. | 2450 |
| Boards of elections, due to their responsibilities related to | 2451 |
| the proper conduct of elections under state law, are designated as | 2452 |
| state agencies having jurisdiction over those state capital | 2453 |
| facilities financed in part pursuant to this section and Chapter | 2454 |
| 152. of the Revised Code. It is hereby determined and declared | 2455 |
| that voting machines, marking devices, and automatic tabulating | 2456 |
| equipment financed in part under this section are for the purpose | 2457 |
| of housing agencies of state government, their functions and | 2458 |
| equipment. | 2459 |
| (B) A county shall contribute to the cost of capital | 2460 |
| facilities authorized under this section as provided below. | 2461 |
| (C) Any lease of capital facilities authorized by this | 2462 |
| section, the rentals of which are payable in whole or in part from | 2463 |
| appropriations made by the general assembly, is governed by | 2464 |
| division (D) of section 152.24 of the Revised Code. Such rentals | 2465 |
| constitute available receipts as defined in section 152.09 of the | 2466 |
| Revised Code and may be pledged for the payment of bond service | 2467 |
| charges as provided in section 152.10 of the Revised Code. | 2468 |
| (D) The county voting machine revolving lease/loan fund is | 2469 |
| hereby created in the state treasury. The fund shall consist of | 2470 |
| the net proceeds of obligations issued under sections 152.09 to | 2471 |
| 152.33 of the Revised Code to finance a portion of those state | 2472 |
| capital facilities described in division (A) of this section, as | 2473 |
| needed to ensure sufficient moneys to support appropriations from | 2474 |
| the fund. Lease payments from counties made for those capital | 2475 |
| facilities financed in part from the fund and interest earnings | 2476 |
| on the balance in the fund shall be credited to the fund. The | 2477 |
| fund shall also receive any other authorized transfers of cash. | 2478 |
| Moneys in the fund shall be used for the purpose of acquiring a | 2479 |
| portion of additional capital facilities described in division | 2480 |
| (A) of this section at the request of the applicable board of | 2481 |
| elections. | 2482 |
| Participation in the fund by a board of county commissioners | 2483 |
| shall be voluntary. | 2484 |
| The secretary of state shall administer the county voting | 2485 |
| machine revolving lease/loan fund in accordance with this section | 2486 |
| and shall enter into any lease or other agreement with the | 2487 |
| department of administrative services, the Ohio building | 2488 |
| authority, or any board of elections necessary or appropriate to | 2489 |
| accomplish the purposes of this section. | 2490 |
| (E) Acquisitions made under this section shall provide not | 2491 |
| more than fifty per cent of the estimated total cost of a board of | 2492 |
| county commissioners' purchase of voting machines, marking | 2493 |
| devices, and automatic tabulating equipment. | 2494 |
| The secretary of state shall adopt rules for the | 2495 |
| implementation of the acquisition and revolving lease/loan program | 2496 |
| established under this section, which rules shall require that | 2497 |
| the secretary of state approve any acquisition of voting | 2498 |
| machines, marking devices, and automatic tabulating equipment | 2499 |
| using money made available under this section. An acquisition for | 2500 |
| any one board of county commissioners shall not exceed five | 2501 |
| million dollars and shall be made only for equipment purchased on | 2502 |
| or after March 31, 2008.Any costs incurred on or after January | 2503 |
| 1, 2008, may be considered as the county cost percentage for the | 2504 |
| purpose of an acquisition made under this section. | 2505 |
| Counties shall lease from the secretary of state the capital | 2506 |
| facilities financed in part from the county voting machine | 2507 |
| revolving lease/loan fund and may enter into any agreements | 2508 |
| required under the applicable bond proceedings. All voting | 2509 |
| machines, marking devices, and automatic tabulating equipment | 2510 |
| purchased through this fund shall remain the property of the | 2511 |
| state until all payments under the applicable county lease have | 2512 |
| been made at which time ownership shall transfer to the county. | 2513 |
| Costs associated with the maintenance, repair, and operation of | 2514 |
| the voting machines, marking devices, and automatic tabulating | 2515 |
| equipment purchased under this section shall be the | 2516 |
| responsibility of the participating boards of elections and | 2517 |
| boards of county commissioners. | 2518 |
| Such lease may obligate the counties, as using state agencies | 2519 |
| under Chapter 152. of the Revised Code, to operate the capital | 2520 |
| facilities for such period of time as may be specified by law and | 2521 |
| to pay such rent as the secretary of state determines to be | 2522 |
| appropriate. Notwithstanding any other provision of the Revised | 2523 |
| Code to the contrary, any county may enter into such a lease, and | 2524 |
| any such lease is legally sufficient to obligate the county for | 2525 |
| the term stated in the lease. Any such lease constitutes an | 2526 |
| agreement described in division (E) of section 152.24 of the | 2527 |
| Revised Code. | 2528 |
| (F) As used in this section: | 2529 |
| (1) "Automatic tabulating equipment," "marking device," and | 2530 |
| "voting machine" have the same meanings as in section 3506.01 of | 2531 |
| the Revised Code. | 2532 |
| (2) "Equipment" has the same meaning as in section 3506.05 | 2533 |
| of the Revised Code. | 2534 |
| Sec. 111.27. There is hereby established in the state | 2535 |
| treasury the board of elections reimbursement and education fund. | 2536 |
| The fund shall be used by the secretary of state to reimburse | 2537 |
| boards of elections for various purposes, including reimbursements | 2538 |
| made under sections 3513.301, 3513.312, 3515.071, and 3521.03 of | 2539 |
| the Revised Code, and to provide training and educational programs | 2540 |
| for members and employees of boards of elections. The fund shall | 2541 |
| receive transfers of cash pursuant to controlling board action and | 2542 |
| also shall receive revenues from fees, gifts, grants, donations, | 2543 |
| and other similar receipts. | 2544 |
| Sec. 117.54. When conducting an audit under section 117.11 of | 2545 |
| the Revised Code of a city, local, or exempted village school | 2546 |
| district, a community school established under Chapter 3314. of | 2547 |
| the Revised Code, or a STEM school established under Chapter 3326. | 2548 |
| of the Revised Code, the auditor of state shall determine both of | 2549 |
| the following: | 2550 |
| (A) Whether the school district, community school, or STEM | 2551 |
| school has adopted and submitted a spending plan under section | 2552 |
| 3306.30 and, if applicable, section 3306.31 of the Revised Code | 2553 |
| and that spending plan complies with any applicable expenditure | 2554 |
| or reporting standard prescribed by rule adopted under section | 2555 |
| 3306.25 of the Revised Code; | 2556 |
| (B) Whether the school district, community school, or STEM | 2557 |
| school has adopted a plan to implement recommendations of a | 2558 |
| performance review conducted under section 3306.32 of the Revised | 2559 |
| Code or a performance audit conducted under section 3316.042 of | 2560 |
| the Revised Code. | 2561 |
| The auditor of state shall record these determinations in the | 2562 |
| audit report. | 2563 |
| Sec. 118.05. (A) Pursuant to the powers of the general | 2564 |
| assembly and for the purposes of this chapter, upon the occurrence | 2565 |
| of a fiscal emergency in any municipal corporation, county, or | 2566 |
| township, as determined pursuant to section 118.04 of the Revised | 2567 |
| Code, there is established, with respect to that municipal | 2568 |
| corporation, county, or township, a body both corporate and | 2569 |
| politic constituting an agency and instrumentality of the state | 2570 |
| and performing essential governmental functions of the state to be | 2571 |
| known as the "financial planning and supervision commission for | 2572 |
| ............... (name of municipal corporation, county, or | 2573 |
| township)," which, in that name, may exercise all authority vested | 2574 |
| in such a commission by this chapter. A separate commission is | 2575 |
| established with respect to each municipal corporation, county, or | 2576 |
| township as to which there is a fiscal emergency as determined | 2577 |
| under this chapter. | 2578 |
| (B) A commission shall consist of the following | 2579 |
| members: | 2580 |
| (1) Four ex officio members: the treasurer of state; the | 2581 |
| director of budget and management; in the case of a municipal | 2582 |
| corporation, the mayor of the municipal corporation and the | 2583 |
| presiding officer of the legislative authority of the municipal | 2584 |
| corporation; in the case of a county, the president of the board | 2585 |
| of county commissioners and the county auditor; and in the case of | 2586 |
| a township, a member of the board of township trustees and the | 2587 |
| county auditor. | 2588 |
| The treasurer of state may designate a deputy treasurer or | 2589 |
| director within the office of the treasurer of state or any other | 2590 |
| appropriate person who is not an employee of the treasurer of | 2591 |
| state's office; the director of budget and management may | 2592 |
| designate an individual within the office of budget and management | 2593 |
| or any other appropriate person who is not an employee of the | 2594 |
| office of budget and management; the mayor may designate a | 2595 |
| responsible official within the mayor's office or the fiscal | 2596 |
| officer of the municipal corporation; the presiding officer of the | 2597 |
| legislative authority of the municipal corporation may designate | 2598 |
| any other member of the legislative authority; the board of county | 2599 |
| commissioners may designate any other member of the board or the | 2600 |
| fiscal officer of the county; and the board of township trustees | 2601 |
| may designate any other member of the board or the fiscal officer | 2602 |
| of the township to attend the meetings of the commission when the | 2603 |
| ex officio member is absent or unable for any reason to attend. A | 2604 |
| designee, when present, shall be counted in determining whether a | 2605 |
| quorum is present at any meeting of the commission and may vote | 2606 |
| and participate in all proceedings and actions of the commission. | 2607 |
| The designations shall be in writing, executed by the ex officio | 2608 |
| member or entity making the designation, and filed with the | 2609 |
| secretary of the commission. The designations may be changed from | 2610 |
| time to time in like manner, but due regard shall be given to the | 2611 |
| need for continuity. | 2612 |
| (2) | 2613 |
| has a population of at least one thousand, three members nominated | 2614 |
| and appointed as follows: | 2615 |
| The mayor and presiding officer of the legislative authority | 2616 |
| of the municipal corporation, the board of county commissioners, | 2617 |
| or the board of township trustees shall, within ten days after the | 2618 |
| determination of the fiscal emergency by the auditor of state | 2619 |
| under section 118.04 of the Revised Code, submit in writing to the | 2620 |
| governor the nomination of five persons agreed to by them and | 2621 |
| meeting the qualifications set forth in this division. If the | 2622 |
| governor is not satisfied that at least three of the nominees are | 2623 |
| well qualified, the governor shall notify the mayor and presiding | 2624 |
| officer, or the board of county commissioners, or the board of | 2625 |
| township trustees to submit in writing, within five days, | 2626 |
| additional nominees agreed upon by them, not exceeding three. The | 2627 |
| governor shall appoint three members from all the agreed-upon | 2628 |
| nominees so submitted or a lesser number that the governor | 2629 |
| considers well qualified within thirty days after receipt of the | 2630 |
| nominations, and shall fill any remaining positions on the | 2631 |
| commission by appointment of any other persons meeting the | 2632 |
| qualifications set forth in this division. All appointments by | 2633 |
| the governor shall be made with the advice and consent of the | 2634 |
| senate. Each of the three appointed members shall serve during the | 2635 |
| life of the commission, subject to removal by the governor for | 2636 |
| misfeasance, nonfeasance, or malfeasance in office. In the event | 2637 |
| of the death, resignation, incapacity, removal, or ineligibility | 2638 |
| to serve of an appointed member, the governor, pursuant to the | 2639 |
| process for original appointment, shall appoint a successor. | 2640 |
| (3) If a municipal corporation, county, or township has a | 2641 |
| population of less than one thousand, one member nominated and | 2642 |
| appointed as follows: | 2643 |
| The mayor and presiding officer of the legislative authority | 2644 |
| of the municipal corporation, the board of county commissioners, | 2645 |
| or the board of township trustees shall, within ten days after the | 2646 |
| determination of the fiscal emergency by the auditor of state | 2647 |
| under section 118.04 of the Revised Code, submit in writing to the | 2648 |
| governor the nomination of three persons agreed to by them and | 2649 |
| meeting the qualifications set forth in this division. If the | 2650 |
| governor is not satisfied that at least one of the nominees is | 2651 |
| well qualified, the governor shall notify the mayor and presiding | 2652 |
| officer, or the board of county commissioners, or the board of | 2653 |
| township trustees to submit in writing, within five days, | 2654 |
| additional nominees agreed upon by them, not exceeding three. The | 2655 |
| governor shall appoint one member from all the agreed-upon | 2656 |
| nominees so submitted or shall fill the position on the commission | 2657 |
| by appointment of any other person meeting the qualifications set | 2658 |
| forth in this division. All appointments by the governor shall be | 2659 |
| made with the advice and consent of the senate. The appointed | 2660 |
| member shall serve during the life of the commission, subject to | 2661 |
| removal by the governor for misfeasance, nonfeasance, or | 2662 |
| malfeasance in office. In the event of the death, resignation, | 2663 |
| incapacity, removal, or ineligibility to serve of the appointed | 2664 |
| member, the governor, pursuant to the process for original | 2665 |
| appointment, shall appoint a successor. | 2666 |
| Each | 2667 |
| individual: | 2668 |
| (a) Who has knowledge and experience in financial matters, | 2669 |
|
financial management, or business organization or operations | 2670 |
| 2671 | |
| 2672 | |
| 2673 | |
| 2674 |
| (b) Whose residency, office, or principal place of | 2675 |
| professional or business activity is situated within the municipal | 2676 |
| corporation, county, or township; | 2677 |
| (c) Who | 2678 |
| 2679 | |
| 2680 | |
| for elected public office while serving as a member of the | 2681 |
| commission. | 2682 |
| (C) Immediately after appointment of the initial | 2683 |
| appointed member or members of the commission, the governor shall | 2684 |
| call the first meeting of the commission and shall cause written | 2685 |
| notice of the time, date, and place of the first meeting to be | 2686 |
| given to each member of the commission at least forty-eight hours | 2687 |
| in advance of the meeting. | 2688 |
| (D) The director of budget and management shall serve as | 2689 |
| chairperson of the commission. The commission shall elect one of | 2690 |
| its members to serve as vice-chairperson and may appoint a | 2691 |
| secretary and any other officers, who need not be members of the | 2692 |
| commission, it considers necessary. | 2693 |
| (E) The commission may adopt and alter bylaws and rules, | 2694 |
| which shall not be subject to section 111.15 or Chapter 119. of | 2695 |
| the Revised Code, for the conduct of its affairs and for the | 2696 |
| manner, subject to this chapter, in which its powers and functions | 2697 |
| shall be exercised and embodied. | 2698 |
| (F) | 2699 |
| pursuant to divisions (B)(1) and (2) of this section constitute a | 2700 |
|
quorum of
the commission.
The affirmative vote of | 2701 |
|
members of | 2702 |
| taken by vote of the commission. Three members of a commission | 2703 |
| established pursuant to divisions (B)(1) and (3) of this section | 2704 |
| constitute a quorum of the commission. The affirmative vote of | 2705 |
| three members of such a commission is necessary for any action | 2706 |
| taken by vote of the commission. No vacancy in the membership | 2707 |
| of the commission shall impair the rights of a quorum by such | 2708 |
| vote to exercise all the rights and perform all the duties of the | 2709 |
| commission. Members of the commission, and their designees, are | 2710 |
| not disqualified from voting by reason of the functions of the | 2711 |
| other office they hold and are not disqualified from exercising | 2712 |
| the functions of the other office with respect to the municipal | 2713 |
| corporation, county, or township, its officers, or the | 2714 |
| commission. | 2715 |
| (G) The auditor of state shall serve as the "financial | 2716 |
| supervisor" to the commission unless the auditor of state elects | 2717 |
| to contract for that service. As used in this chapter, "financial | 2718 |
| supervisor" means the auditor of state. | 2719 |
| (H) At the request of the commission, the auditor of state | 2720 |
| shall designate employees of the auditor of state's office to | 2721 |
| assist the commission and the financial supervisor and to | 2722 |
| coordinate the work of the auditor of state's office and the | 2723 |
| financial supervisor. Upon the determination of a fiscal emergency | 2724 |
| in any municipal corporation, county, or township, the municipal | 2725 |
| corporation, county, or township shall provide the commission with | 2726 |
| such reasonable office space in the principal building housing | 2727 |
| city, county, or township government, where feasible, as it | 2728 |
| determines is necessary to carry out its duties under this | 2729 |
| chapter. | 2730 |
| (I) The financial supervisor, the members of the commission, | 2731 |
| the auditor of state, and any person authorized to act on behalf | 2732 |
| of or assist them shall not be personally liable or subject to any | 2733 |
| suit, judgment, or claim for damages resulting from the exercise | 2734 |
| of or failure to exercise the powers, duties, and functions | 2735 |
| granted to them in regard to their functioning under this chapter, | 2736 |
| but the commission, the financial supervisor, the auditor of | 2737 |
| state, and those other persons shall be subject to mandamus | 2738 |
| proceedings to compel performance of their duties under this | 2739 |
| chapter and with respect to any debt obligations issued pursuant | 2740 |
| or subject to this chapter. | 2741 |
| (J) At the request of the commission, the administrative head | 2742 |
| of any state agency shall temporarily assign personnel skilled in | 2743 |
| accounting and budgeting procedures to assist the commission or | 2744 |
| the financial supervisor in its duties as financial supervisor. | 2745 |
| (K) The appointed members of the commission are not subject | 2746 |
| to section 102.02 of the Revised Code. Each appointed member of | 2747 |
| the commission shall file with the commission a signed written | 2748 |
| statement setting forth the general nature of sales of goods, | 2749 |
| property, or services or of loans to the municipal corporation, | 2750 |
| county, or township with respect to which that commission is | 2751 |
| established, in which the appointed member has a pecuniary | 2752 |
| interest or in which any member of the appointed member's | 2753 |
| immediate family, as defined in section 102.01 of the Revised | 2754 |
| Code, or any corporation, partnership, or enterprise of which the | 2755 |
| appointed member is an officer, director, or partner, or of which | 2756 |
| the appointed member or a member of the appointed member's | 2757 |
| immediate family, as so defined, owns more than a five per cent | 2758 |
| interest, has a pecuniary interest, and of which sale, loan, or | 2759 |
| interest such member has knowledge. The statement shall be | 2760 |
| supplemented from time to time to reflect changes in the general | 2761 |
| nature of any such sales or loans. | 2762 |
| Sec. 120.04. (A) The state public defender shall serve at | 2763 |
| the pleasure of the Ohio public defender commission and shall be | 2764 |
| an attorney with a minimum of four years of experience in the | 2765 |
| practice of law and be admitted to the practice of law in this | 2766 |
| state at least one year prior to appointment. | 2767 |
| (B) The state public defender shall do all of the following: | 2768 |
| (1) Maintain a central office in Columbus. The central office | 2769 |
| shall be provided with a library of adequate size, considering the | 2770 |
| needs of the office and the accessibility of other libraries, and | 2771 |
| other necessary facilities and equipment. | 2772 |
| (2) Appoint assistant state public defenders, all of whom | 2773 |
| shall be attorneys admitted to the practice of law in this state, | 2774 |
| and other personnel necessary for the operation of the state | 2775 |
| public defender office. Assistant state public defenders shall be | 2776 |
| appointed on a full-time basis. The state public defender, | 2777 |
| assistant state public defenders, and employees appointed by the | 2778 |
| state public defender shall not engage in the private practice of | 2779 |
| law. | 2780 |
| (3) Supervise the compliance of county public defender | 2781 |
| offices, joint county public defender offices, and county | 2782 |
| appointed counsel systems with standards established by rules of | 2783 |
| the Ohio public defender commission pursuant to division (B) of | 2784 |
| section 120.03 of the Revised Code; | 2785 |
| (4) Keep and maintain financial records of all cases handled | 2786 |
| and develop records for use in the calculation of direct and | 2787 |
| indirect costs, in the operation of the office, and report | 2788 |
| periodically, but not less than annually, to the commission on all | 2789 |
| relevant data on the operations of the office, costs, projected | 2790 |
| needs, and recommendations for legislation or amendments to court | 2791 |
| rules, as may be appropriate to improve the criminal justice | 2792 |
| system; | 2793 |
| (5) Collect all moneys due the state for reimbursement for | 2794 |
| legal services under this chapter and under section 2941.51 of the | 2795 |
| Revised Code and institute any actions in court on behalf of the | 2796 |
| state for the collection of such sums that the state public | 2797 |
| defender considers advisable. Except as provided otherwise in | 2798 |
| division (D) of section 120.06 of the Revised Code, all moneys | 2799 |
| collected by the state public defender under this chapter and | 2800 |
| section 2941.51 of the Revised Code shall be deposited in the | 2801 |
| state treasury to the credit of the client payment fund, which is | 2802 |
| hereby created. All moneys credited to the fund shall be used by | 2803 |
| the state public defender to appoint assistant state public | 2804 |
| defenders and to provide other personnel, equipment, and | 2805 |
| facilities necessary for the operation of the state public | 2806 |
| defender office, to reimburse counties for the operation of county | 2807 |
| public defender offices, joint county public defender offices, and | 2808 |
| county appointed counsel systems pursuant to sections 120.18, | 2809 |
| 120.28, and 120.33 of the Revised Code, or to provide assistance | 2810 |
| to counties in the operation of county indigent defense systems. | 2811 |
| (6) With respect to funds appropriated to the commission to | 2812 |
| pay criminal costs, perform the duties imposed by sections 2949.19 | 2813 |
| and 2949.201 of the Revised Code; | 2814 |
| (7) Establish standards and guidelines for the reimbursement, | 2815 |
| pursuant to sections 120.18, 120.28, 120.33, 2941.51, and 2949.19 | 2816 |
| of the Revised Code, of counties for the operation of county | 2817 |
| public defender offices, joint county public defender offices, and | 2818 |
| county appointed counsel systems and for other costs related to | 2819 |
| felony prosecutions; | 2820 |
| (8) Establish maximum amounts that the state will reimburse | 2821 |
| the counties pursuant to sections 120.18, 120.28, 120.33, and | 2822 |
| 2941.51 of the Revised Code; | 2823 |
| (9) Establish minimum and maximum hourly rates and per case | 2824 |
| amounts for fee schedules that the state will reimburse the | 2825 |
| counties pursuant to section 120.33 of the Revised Code for each | 2826 |
| specific type of legal service performed by a county appointed | 2827 |
| counsel system; | 2828 |
| (10) Administer sections 120.18, 120.28, 120.33, 2941.51, and | 2829 |
| 2949.19 of the Revised Code and make reimbursements pursuant to | 2830 |
| those sections; | 2831 |
| (11) Administer the program established pursuant to sections | 2832 |
| 120.51 to 120.55 of the Revised Code for the charitable public | 2833 |
| purpose of providing financial assistance to legal aid societies. | 2834 |
| Neither the state public defender nor any of the state public | 2835 |
| defender's employees who is responsible in any way for the | 2836 |
| administration of that program and who performs those | 2837 |
| administrative responsibilities in good faith is in any manner | 2838 |
| liable if a legal aid society that is provided financial | 2839 |
| assistance under the program uses the financial assistance other | 2840 |
| than in accordance with sections 120.51 to 120.55 of the Revised | 2841 |
| Code or fails to comply with the requirements of those sections. | 2842 |
| (12) Establish an office for the handling of appeal and | 2843 |
| postconviction matters; | 2844 |
| (13) Provide technical aid and assistance to county public | 2845 |
| defender offices, joint county public defender offices, and other | 2846 |
| local counsel providing legal representation to indigent persons, | 2847 |
| including representation and assistance on appeals. | 2848 |
| (C) The state public defender may do any of the following: | 2849 |
| (1) In providing legal representation, conduct | 2850 |
| investigations, obtain expert testimony, take depositions, use | 2851 |
| other discovery methods, order transcripts, and make all other | 2852 |
| preparations which are appropriate and necessary to an adequate | 2853 |
| defense or the prosecution of appeals and other legal proceedings; | 2854 |
| (2) Seek, solicit, and apply for grants for the operation of | 2855 |
| programs for the defense of indigent persons from any public or | 2856 |
| private source, and may receive donations, grants, awards, and | 2857 |
| similar funds from any lawful source. Such funds shall be | 2858 |
| deposited in the state treasury to the credit of the public | 2859 |
| defender gifts and grants fund, which is hereby created. | 2860 |
| (3) Make all the necessary arrangements to coordinate the | 2861 |
| services of the office with any federal, county, or private | 2862 |
| programs established to provide legal representation to indigent | 2863 |
| persons and others, and to obtain and provide all funds allowable | 2864 |
| under any such programs; | 2865 |
| (4) Consult and cooperate with professional groups concerned | 2866 |
| with the causes of criminal conduct, the reduction of crime, the | 2867 |
| rehabilitation and correction of persons convicted of crime, the | 2868 |
| administration of criminal justice, and the administration and | 2869 |
| operation of the state public defender's office; | 2870 |
| (5) Accept the services of volunteer workers and consultants | 2871 |
| at no compensation other than reimbursement for actual and | 2872 |
| necessary expenses; | 2873 |
| (6) Prescribe any forms that are necessary for the uniform | 2874 |
| operation of this chapter; | 2875 |
| (7) Contract with a county public defender commission or a | 2876 |
| joint county public defender commission to provide all or any part | 2877 |
| of the services that a county public defender or joint county | 2878 |
| public defender is required or permitted to provide by this | 2879 |
| chapter, or contract with a board of county commissioners of a | 2880 |
| county that is not served by a county public defender commission | 2881 |
| or a joint county public defender commission for the provision of | 2882 |
| services in accordance with section 120.33 of the Revised Code. | 2883 |
| All money received by the state public defender pursuant to such a | 2884 |
| contract shall be credited to either the multi-county: county | 2885 |
| share fund or, if received as a result of a contract with Trumbull | 2886 |
| county, the Trumbull county: county share fund. | 2887 |
| (8) Authorize persons employed as criminal investigators to | 2888 |
| attend the Ohio peace officer training academy or any other peace | 2889 |
| officer training school for training; | 2890 |
| (9) Procure a policy or policies of malpractice insurance | 2891 |
| that provide coverage for the state public defender and assistant | 2892 |
| state public defenders in connection with malpractice claims that | 2893 |
| may arise from their actions or omissions related to | 2894 |
| responsibilities derived pursuant to this chapter. | 2895 |
| (D) No person employed by the state public defender as a | 2896 |
| criminal investigator shall attend the Ohio peace officer training | 2897 |
| academy or any other peace officer training school unless | 2898 |
| authorized to do so by the state public defender. | 2899 |
| Sec. 120.08. There is hereby created in the state treasury | 2900 |
| the indigent defense support fund, consisting of money paid into | 2901 |
|
the fund pursuant to | 2902 |
|
and 4511.19 of the
Revised Code and
pursuant to | 2903 |
| 2937.22, 2949.091, and 2949.094 of the Revised Code out of the | 2904 |
|
additional court costs imposed under | 2905 |
| The state public defender shall use at least ninety per cent of | 2906 |
| the money in the fund for the purpose of reimbursing county | 2907 |
| governments for expenses incurred pursuant to sections 120.18, | 2908 |
| 120.28, and 120.33 of the Revised Code. Disbursements from the | 2909 |
|
fund to county governments
shall be
made
| 2910 |
| at least once per year and shall be allocated proportionately | 2911 |
| so that each county receives an equal percentage of its total | 2912 |
| cost for operating its county public defender system, its joint | 2913 |
|
county public defender
system, | 2914 |
| system, or its system operated under division (C)(7) of section | 2915 |
| 120.04 of the Revised Code and division (B) of section 120.33 of | 2916 |
| the Revised Code. The state public defender may use not more than | 2917 |
| ten per cent of the money in the fund for the purposes of | 2918 |
| appointing assistant state public defenders or for providing | 2919 |
| other personnel, equipment, and facilities necessary for the | 2920 |
| operation of the state public defender office. | 2921 |
| Sec. 120.52. (A) There is hereby established in the state | 2922 |
|
treasury the legal aid fund | 2923 |
| charitable public purpose of providing financial assistance to | 2924 |
| legal aid societies that provide civil legal services to | 2925 |
| indigents. The fund shall contain all funds credited to it by the | 2926 |
| treasurer of state pursuant to sections 1901.26, 1907.24, | 2927 |
| 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the Revised | 2928 |
| Code. | 2929 |
| (B) The treasurer of state may invest moneys contained in the | 2930 |
| legal aid fund in any manner authorized by the Revised Code for | 2931 |
| the investment of state moneys. However, no such investment shall | 2932 |
| interfere with any apportionment, allocation, or payment of moneys | 2933 |
| as required by section 120.53 of the Revised Code. | 2934 |
| (C) The state public defender, through the Ohio legal | 2935 |
| assistance foundation, shall administer the payment of moneys out | 2936 |
| of the fund. Four and one-half per cent of the moneys in the fund | 2937 |
| shall be reserved for the Ohio legal assistance foundation for the | 2938 |
| actual, reasonable costs of administering sections 120.51 to | 2939 |
| 120.55 and sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, | 2940 |
| 4705.09, and 4705.10 of the Revised Code. Moneys that are | 2941 |
| reserved for administrative costs but that are not used for | 2942 |
| actual, reasonable administrative costs shall be set aside for use | 2943 |
| in the manner described in division (A) of section 120.521 of the | 2944 |
| Revised Code. The remainder of the moneys in the legal aid fund | 2945 |
| shall be distributed in accordance with section 120.53 of the | 2946 |
| Revised Code. The Ohio legal assistance foundation shall be | 2947 |
| responsible for administering the programs established under | 2948 |
| sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, | 2949 |
| and 4705.10 of the Revised Code. The Ohio legal assistance | 2950 |
| foundation shall establish, in accordance with Chapter 119. of | 2951 |
| the Revised Code, rules governing the administration of the legal | 2952 |
| aid fund, including the programs established under sections | 2953 |
| 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and | 2954 |
|
4705.10 of the
Revised Code | 2955 |
| 2956 | |
| 2957 |
| Sec. 120.53. (A) A legal aid society that operates within | 2958 |
| the state may apply to the Ohio legal assistance foundation for | 2959 |
| financial assistance from the legal aid fund established by | 2960 |
| section 120.52 of the Revised Code to be used for the funding of | 2961 |
| the society during the calendar year following the calendar year | 2962 |
| in which application is made. | 2963 |
| (B) An application for financial assistance made under | 2964 |
| division (A) of this section shall be submitted by the first day | 2965 |
| of November of the calendar year preceding the calendar year for | 2966 |
| which financial assistance is desired and shall include all of the | 2967 |
| following: | 2968 |
| (1) Evidence that the applicant is incorporated in this state | 2969 |
| as a nonprofit corporation; | 2970 |
| (2) A list of the trustees of the applicant; | 2971 |
| (3) The proposed budget of the applicant for these funds for | 2972 |
| the following calendar year; | 2973 |
| (4) A summary of the services to be offered by the applicant | 2974 |
| in the following calendar year; | 2975 |
| (5) A specific description of the territory or constituency | 2976 |
| served by the applicant; | 2977 |
| (6) An estimate of the number of persons to be served by the | 2978 |
| applicant during the following calendar year; | 2979 |
| (7) A general description of the additional sources of the | 2980 |
| applicant's funding; | 2981 |
| (8) The amount of the applicant's total budget for the | 2982 |
| calendar year in which the application is filed that it will | 2983 |
| expend in that calendar year for legal services in each of the | 2984 |
| counties it serves; | 2985 |
| (9) A specific description of any services, programs, | 2986 |
| training, and legal technical assistance to be delivered by the | 2987 |
| applicant or by another person pursuant to a contract with the | 2988 |
| applicant, including, but not limited to, by private attorneys or | 2989 |
| through reduced fee plans, judicare panels, organized pro bono | 2990 |
| programs, and mediation programs. | 2991 |
| (C) The Ohio legal assistance foundation shall determine | 2992 |
| whether each applicant that filed an application for financial | 2993 |
| assistance under division (A) of this section in a calendar year | 2994 |
| is eligible for financial assistance under this section. To be | 2995 |
| eligible for such financial assistance, an applicant shall satisfy | 2996 |
| the criteria for being a legal aid society and shall be in | 2997 |
| compliance with the provisions of sections 120.51 to 120.55 of the | 2998 |
| Revised Code and with the rules and requirements the foundation | 2999 |
| establishes pursuant to section 120.52 of the Revised Code. The | 3000 |
| Ohio legal assistance foundation then, on or before the fifteenth | 3001 |
| day of December of the calendar year in which the application is | 3002 |
| filed, shall notify each such applicant, in writing, whether it is | 3003 |
| eligible for financial assistance under this section, and if it is | 3004 |
| eligible, estimate the amount that will be available for that | 3005 |
| applicant for each six-month distribution period, as determined | 3006 |
| under division (D) of this section. | 3007 |
| (D) The Ohio legal assistance foundation shall allocate | 3008 |
| moneys contained in the legal aid fund monthly for distribution to | 3009 |
| applicants that filed their applications in the previous calendar | 3010 |
| year and are determined to be eligible applicants. | 3011 |
| All moneys contained in the fund on the first day of each | 3012 |
| month shall be allocated, after deduction of the costs of | 3013 |
| administering sections 120.51 to 120.55 and sections 1901.26, | 3014 |
| 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the | 3015 |
| Revised Code that are authorized by section 120.52 of the Revised | 3016 |
| Code, according to this section and shall be distributed | 3017 |
| accordingly not later than the last day of the month following the | 3018 |
| month the moneys were received. In making the allocations under | 3019 |
| this section, the moneys in the fund that were generated pursuant | 3020 |
| to sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, | 3021 |
| 4705.09, and 4705.10 of the Revised Code shall be apportioned as | 3022 |
| follows: | 3023 |
| (1) After deduction of the amount authorized and used for | 3024 |
| actual, reasonable administrative costs under section 120.52 of | 3025 |
| the Revised Code: | 3026 |
| (a) Five per cent of the moneys remaining in the fund shall | 3027 |
| be reserved for use in the manner described in division (A) of | 3028 |
| section 120.521 of the Revised Code or for distribution to legal | 3029 |
| aid societies that provide assistance to special population groups | 3030 |
| of their eligible clients, engage in special projects that have a | 3031 |
| substantial impact on their local service area or on significant | 3032 |
| segments of the state's poverty population, or provide legal | 3033 |
| training or support to other legal aid societies in the state; | 3034 |
| (b) After deduction of the amount described in division | 3035 |
| (D)(1)(a) of this section, one and three-quarters per cent of the | 3036 |
| moneys remaining in the fund shall be apportioned among entities | 3037 |
| that received financial assistance from the legal aid fund prior | 3038 |
|
to | 3039 |
|
and after
| 3040 |
| longer qualify as a legal aid society that is eligible for | 3041 |
| financial assistance under this section. | 3042 |
| (c) After deduction of the amounts described in divisions | 3043 |
| (D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 3044 |
| remaining in the fund shall be placed in the legal assistance | 3045 |
| foundation fund for use in the manner described in division (A) of | 3046 |
| section 120.521 of the Revised Code. | 3047 |
| (2) After deduction of the actual, reasonable administrative | 3048 |
| costs under section 120.52 of the Revised Code and after deduction | 3049 |
| of the amounts identified in divisions (D)(1)(a), (b), and (c) of | 3050 |
| this section, the remaining moneys shall be apportioned among the | 3051 |
| counties that are served by eligible legal aid societies that have | 3052 |
| applied for financial assistance under this section so that each | 3053 |
| such county is apportioned a portion of those moneys, based upon | 3054 |
| the ratio of the number of indigents who reside in that county to | 3055 |
| the total number of indigents who reside in all counties of this | 3056 |
| state that are served by eligible legal aid societies that have | 3057 |
| applied for financial assistance under this section. Subject to | 3058 |
| division (E) of this section, the moneys apportioned to a county | 3059 |
| under this division then shall be allocated to the eligible legal | 3060 |
| aid society that serves the county and that has applied for | 3061 |
| financial assistance under this section. For purposes of this | 3062 |
| division, the source of data identifying the number of indigent | 3063 |
| persons who reside in a county shall be the most recent decennial | 3064 |
| census figures from the United States department of commerce, | 3065 |
| division of census. | 3066 |
| (E) If the Ohio legal assistance foundation, in attempting to | 3067 |
| make an allocation of moneys under division (D)(2) of this | 3068 |
| section, determines that a county that has been apportioned money | 3069 |
| under that division is served by more than one eligible legal aid | 3070 |
| society that has applied for financial assistance under this | 3071 |
| section, the Ohio legal assistance foundation shall allocate the | 3072 |
| moneys that have been apportioned to that county under division | 3073 |
| (D)(2) of this section among all eligible legal aid societies that | 3074 |
| serve that county and that have applied for financial assistance | 3075 |
| under this section on a pro rata basis, so that each such eligible | 3076 |
| society is allocated a portion based upon the amount of its total | 3077 |
| budget expended in the prior calendar year for legal services in | 3078 |
| that county as compared to the total amount expended in the prior | 3079 |
| calendar year for legal services in that county by all eligible | 3080 |
| legal aid societies that serve that county and that have applied | 3081 |
| for financial assistance under this section. | 3082 |
| (F) Moneys allocated to eligible applicants under this | 3083 |
| section shall be paid monthly beginning the calendar year | 3084 |
| following the calendar year in which the application is filed. | 3085 |
| (G)(1) A legal aid society that receives financial assistance | 3086 |
| in any calendar year under this section shall file an annual | 3087 |
| report with the Ohio legal assistance foundation detailing the | 3088 |
| number and types of cases handled, and the amount and types of | 3089 |
| legal training, legal technical assistance, and other service | 3090 |
| provided, by means of that financial assistance. No information | 3091 |
| contained in the report shall identify or enable the | 3092 |
| identification of any person served by the legal aid society or in | 3093 |
| any way breach client confidentiality. | 3094 |
| (2) The Ohio legal assistance foundation shall make an annual | 3095 |
| report to the governor, the general assembly, and the supreme | 3096 |
| court on the distribution and use of the legal aid fund. The | 3097 |
| foundation also shall include in the annual report an audited | 3098 |
| financial statement of all gifts, bequests, donations, | 3099 |
| contributions, and other moneys the foundation receives. No | 3100 |
| information contained in the report shall identify or enable the | 3101 |
| identification of any person served by a legal aid society, or in | 3102 |
| any way breach confidentiality. | 3103 |
| (H) A legal aid society may enter into agreements for the | 3104 |
| provision of services, programs, training, or legal technical | 3105 |
| assistance for the legal aid society or to indigent persons. | 3106 |
| Sec. 121.04. Offices are created within the several | 3107 |
| departments as follows: | 3108 |
| In the department of commerce: | 3109 |
| Commissioner of securities; | 3110 | |||
| Superintendent of real estate and professional licensing; | 3111 | |||
| Superintendent of financial institutions; | 3112 | |||
| State fire marshal; | 3113 | |||
| Superintendent of labor |
3114 | |||
| Superintendent of liquor control; | 3115 | |||
| 3116 | ||||
| Superintendent of unclaimed funds. | 3117 |
| In the department of administrative services: | 3118 |
| State architect and engineer; | 3119 | |||
| Equal employment opportunity coordinator. | 3120 |
| In the department of agriculture: | 3121 |
| Chiefs of divisions as follows: | 3122 |
| Administration; | 3123 | |||
| Animal industry; | 3124 | |||
| Dairy; | 3125 | |||
| Food safety; | 3126 | |||
| Plant industry; | 3127 | |||
| Markets; | 3128 | |||
| Meat inspection; | 3129 | |||
| Consumer analytical laboratory; | 3130 | |||
| Amusement ride safety; | 3131 | |||
| Enforcement; | 3132 | |||
| Weights and measures. | 3133 |
| In the department of natural resources: | 3134 |
| Chiefs of divisions as follows: | 3135 |
| 3136 | ||||
| Mineral resources management; | 3137 | |||
| Forestry; | 3138 | |||
| Natural areas and preserves; | 3139 | |||
| Wildlife; | 3140 | |||
| Geological survey; | 3141 | |||
| Parks and recreation; | 3142 | |||
| Watercraft; | 3143 | |||
| Recycling and litter prevention; | 3144 | |||
| Soil and water |
3145 | |||
| 3146 | ||||
| Engineering. | 3147 |
| In the department of insurance: | 3148 |
| Deputy superintendent of insurance; | 3149 | |||
| Assistant superintendent of insurance, technical; | 3150 | |||
| Assistant superintendent of insurance, administrative; | 3151 | |||
| Assistant superintendent of insurance, research. | 3152 |
| Sec. 121.07. (A) | 3153 |
| 3154 | |
| of the Revised Code and the offices and divisions they administer | 3155 |
| shall be under the direction, supervision, and control of the | 3156 |
| directors of their respective departments, and shall perform such | 3157 |
|
duties as the directors prescribe. | 3158 |
| 3159 | |
| 3160 | |
| 3161 | |
| 3162 | |
| 3163 | |
| 3164 | |
| 3165 |
| (B) With the approval of the governor, the director of each | 3166 |
| department shall establish divisions within the department, and | 3167 |
| distribute the work of the department among such divisions. Each | 3168 |
| officer created by section 121.04 of the Revised Code shall be the | 3169 |
| head of such a division. | 3170 |
| With the approval of the governor, the director of each | 3171 |
| department may consolidate any two or more of the offices created | 3172 |
| in the department by section 121.04 of the Revised Code, or reduce | 3173 |
| the number of or create new divisions therein. | 3174 |
| The director of each department may prescribe rules for the | 3175 |
| government of the department, the conduct of its employees, the | 3176 |
| performance of its business, and the custody, use, and | 3177 |
| preservation of the records, papers, books, documents, and | 3178 |
| property pertaining thereto. | 3179 |
| Sec. 121.08. (A) There is hereby created in the department | 3180 |
| of commerce the position of deputy director of administration. | 3181 |
| This officer shall be appointed by the director of commerce, serve | 3182 |
| under the director's direction, supervision, and control, perform | 3183 |
| the duties the director prescribes, and hold office during the | 3184 |
| director's pleasure. The director of commerce may designate an | 3185 |
| assistant director of commerce to serve as the deputy director of | 3186 |
| administration. The deputy director of administration shall | 3187 |
| perform the duties prescribed by the director of commerce in | 3188 |
| supervising the activities of the division of administration of | 3189 |
| the department of commerce. | 3190 |
| (B) Except as provided in section 121.07 of the Revised Code, | 3191 |
| the department of commerce shall have all powers and perform all | 3192 |
| duties vested in the deputy director of administration, the state | 3193 |
| fire marshal, the superintendent of financial institutions, the | 3194 |
| superintendent of real estate and professional licensing, the | 3195 |
|
superintendent of liquor control, | 3196 |
| 3197 | |
| 3198 | |
| commissioner of securities, and shall have all powers and perform | 3199 |
| all duties vested by law in all officers, deputies, and employees | 3200 |
| of those offices. Except as provided in section 121.07 of the | 3201 |
| Revised Code, wherever powers are conferred or duties imposed upon | 3202 |
| any of those officers, the powers and duties shall be construed as | 3203 |
| vested in the department of commerce. | 3204 |
| (C)(1) There is hereby created in the department of commerce | 3205 |
| a division of financial institutions, which shall have all powers | 3206 |
| and perform all duties vested by law in the superintendent of | 3207 |
| financial institutions. Wherever powers are conferred or duties | 3208 |
| imposed upon the superintendent of financial institutions, those | 3209 |
| powers and duties shall be construed as vested in the division of | 3210 |
| financial institutions. The division of financial institutions | 3211 |
| shall be administered by the superintendent of financial | 3212 |
| institutions. | 3213 |
| (2) All provisions of law governing the superintendent of | 3214 |
| financial institutions shall apply to and govern the | 3215 |
| superintendent of financial institutions provided for in this | 3216 |
| section; all authority vested by law in the superintendent of | 3217 |
| financial institutions with respect to the management of the | 3218 |
| division of financial institutions shall be construed as vested in | 3219 |
| the superintendent of financial institutions created by this | 3220 |
| section with respect to the division of financial institutions | 3221 |
| provided for in this section; and all rights, privileges, and | 3222 |
| emoluments conferred by law upon the superintendent of financial | 3223 |
| institutions shall be construed as conferred upon the | 3224 |
| superintendent of financial institutions as head of the division | 3225 |
| of financial institutions. The director of commerce shall not | 3226 |
| transfer from the division of financial institutions any of the | 3227 |
| functions specified in division (C)(2) of this section. | 3228 |
| (D) There is hereby created in the department of commerce a | 3229 |
| division of liquor control, which shall have all powers and | 3230 |
| perform all duties vested by law in the superintendent of liquor | 3231 |
| control. Wherever powers are conferred or duties are imposed upon | 3232 |
| the superintendent of liquor control, those powers and duties | 3233 |
| shall be construed as vested in the division of liquor control. | 3234 |
| The division of liquor control shall be administered by the | 3235 |
| superintendent of liquor control. | 3236 |
| (E) The director of commerce shall not be interested, | 3237 |
| directly or indirectly, in any firm or corporation which is a | 3238 |
| dealer in securities as defined in sections 1707.01 and 1707.14 of | 3239 |
| the Revised Code, or in any firm or corporation licensed under | 3240 |
| sections 1321.01 to 1321.19 of the Revised Code. | 3241 |
| (F) The director of commerce shall not have any official | 3242 |
| connection with a savings and loan association, a savings bank, a | 3243 |
| bank, a bank holding company, a savings and loan association | 3244 |
| holding company, a consumer finance company, or a credit union | 3245 |
| that is under the supervision of the division of financial | 3246 |
| institutions, or a subsidiary of any of the preceding entities, or | 3247 |
| be interested in the business thereof. | 3248 |
| (G) There is hereby created in the state treasury the | 3249 |
| division of administration fund. The fund shall receive | 3250 |
| assessments on the operating funds of the department of commerce | 3251 |
| in accordance with procedures prescribed by the director of | 3252 |
| commerce and approved by the director of budget and management. | 3253 |
| All operating expenses of the division of administration shall be | 3254 |
| paid from the division of administration fund. | 3255 |
| (H) There is hereby created in the department of commerce a | 3256 |
| division of real estate and professional licensing, which shall be | 3257 |
| under the control and supervision of the director of commerce. The | 3258 |
| division of real estate and professional licensing shall be | 3259 |
| administered by the superintendent of real estate and professional | 3260 |
| licensing. The superintendent of real estate and professional | 3261 |
| licensing shall exercise the powers and perform the functions and | 3262 |
| duties delegated to the superintendent under Chapters 4735., | 3263 |
| 4763., and 4767. of the Revised Code. | 3264 |
| (I) There is hereby created in the department of commerce a | 3265 |
|
division
of labor | 3266 |
| and perform all duties vested by law in the superintendent of | 3267 |
|
labor | 3268 |
|
imposed upon the superintendent
of labor | 3269 |
| powers and duties shall be construed as vested in the division of | 3270 |
|
labor | 3271 |
| shall be under the control and supervision of the director of | 3272 |
|
commerce
and be administered by the
superintendent of labor | 3273 |
| 3274 | |
| 3275 | |
| 3276 | |
| 3277 |
| (J) There is hereby created in the department of commerce a | 3278 |
| division of unclaimed funds, which shall have all powers and | 3279 |
| perform all duties delegated to or vested by law in the | 3280 |
| superintendent of unclaimed funds. Wherever powers are conferred | 3281 |
| or duties imposed upon the superintendent of unclaimed funds, | 3282 |
| those powers and duties shall be construed as vested in the | 3283 |
| division of unclaimed funds. The division of unclaimed funds shall | 3284 |
| be under the control and supervision of the director of commerce | 3285 |
| and shall be administered by the superintendent of unclaimed | 3286 |
| funds. The superintendent of unclaimed funds shall exercise the | 3287 |
| powers and perform the functions and duties delegated to the | 3288 |
| superintendent by the director of commerce under section 121.07 | 3289 |
| and Chapter 169. of the Revised Code, and as may otherwise be | 3290 |
| provided by law. | 3291 |
| (K) The department of commerce or a division of the | 3292 |
| department created by the Revised Code that is acting with | 3293 |
| authorization on the department's behalf may request from the | 3294 |
| bureau of criminal identification and investigation pursuant to | 3295 |
| section 109.572 of the Revised Code, or coordinate with | 3296 |
| appropriate federal, state, and local government agencies to | 3297 |
| accomplish, criminal records checks for the persons whose | 3298 |
| identities are required to be disclosed by an applicant for the | 3299 |
| issuance or transfer of a permit, license, certificate of | 3300 |
| registration, or certification issued or transferred by the | 3301 |
| department or division. At or before the time of making a request | 3302 |
| for a criminal records check, the department or division may | 3303 |
| require any person whose identity is required to be disclosed by | 3304 |
| an applicant for the issuance or transfer of such a license, | 3305 |
| permit, certificate of registration, or certification to submit to | 3306 |
| the department or division valid fingerprint impressions in a | 3307 |
| format and by any media or means acceptable to the bureau of | 3308 |
| criminal identification and investigation and, when applicable, | 3309 |
| the federal bureau of investigation. The department or division | 3310 |
| may cause the bureau of criminal identification and investigation | 3311 |
| to conduct a criminal records check through the federal bureau of | 3312 |
| investigation only if the person for whom the criminal records | 3313 |
| check would be conducted resides or works outside of this state or | 3314 |
| has resided or worked outside of this state during the preceding | 3315 |
| five years, or if a criminal records check conducted by the bureau | 3316 |
| of criminal identification and investigation within this state | 3317 |
| indicates that the person may have a criminal record outside of | 3318 |
| this state. | 3319 |
| In the case of a criminal records check under section 109.572 | 3320 |
| of the Revised Code, the department or division shall forward to | 3321 |
| the bureau of criminal identification and investigation the | 3322 |
| requisite form, fingerprint impressions, and fee described in | 3323 |
| division (C) of that section. When requested by the department or | 3324 |
| division in accordance with this section, the bureau of criminal | 3325 |
| identification and investigation shall request from the federal | 3326 |
| bureau of investigation any information it has with respect to the | 3327 |
| person who is the subject of the requested criminal records check | 3328 |
| and shall forward the requisite fingerprint impressions and | 3329 |
| information to the federal bureau of investigation for that | 3330 |
| criminal records check. After conducting a criminal records check | 3331 |
| or receiving the results of a criminal records check from the | 3332 |
| federal bureau of investigation, the bureau of criminal | 3333 |
| identification and investigation shall provide the results to the | 3334 |
| department or division. | 3335 |
| The department or division may require any person about whom | 3336 |
| a criminal records check is requested to pay to the department or | 3337 |
| division the amount necessary to cover the fee charged to the | 3338 |
| department or division by the bureau of criminal identification | 3339 |
| and investigation under division (C)(3) of section 109.572 of the | 3340 |
| Revised Code, including, when applicable, any fee for a criminal | 3341 |
| records check conducted by the federal bureau of investigation. | 3342 |
| Sec. 121.083. The superintendent of | 3343 |
| 3344 | |
| all of the following: | 3345 |
| (A) Administer and enforce the general laws of this state | 3346 |
| pertaining to buildings, pressure piping, boilers, bedding, | 3347 |
| upholstered furniture, and stuffed toys, steam engineering, | 3348 |
| elevators, plumbing, and licensed occupations regulated by the | 3349 |
|
department, | 3350 |
| inspection, code enforcement, testing, licensing, registration, | 3351 |
| and certification. | 3352 |
| (B) Exercise the powers and perform the duties delegated to | 3353 |
| the superintendent by the director of commerce under Chapters | 3354 |
| 4109., 4111., and 4115. of the Revised Code. | 3355 |
| (C) Collect and collate statistics as are necessary. | 3356 |
| | 3357 |
| engineers, to operate steam boilers, and to act as inspectors of | 3358 |
| steam boilers, provide for the scope, conduct, and time of such | 3359 |
| examinations, provide for, regulate, and enforce the renewal and | 3360 |
| revocation of such licenses, inspect and examine steam boilers and | 3361 |
| make, publish, and enforce rules and orders for the construction, | 3362 |
| installation, inspection, and operation of steam boilers, and do, | 3363 |
| require, and enforce all things necessary to make such | 3364 |
| examination, inspection, and requirement efficient. | 3365 |
| | 3366 |
| state for the conduct of its affairs. | 3367 |
| | 3368 |
| chief of operations and maintenance, a chief of licensing and | 3369 |
| certification, a chief of worker protection, and other designees | 3370 |
|
appointed by the
director | 3371 |
| described in this section. | 3372 |
| | 3373 |
| adopts pursuant to division (A)(2) of section 4104.43 of the | 3374 |
| Revised Code under the circumstances described in division (D) of | 3375 |
| that section. | 3376 |
| | 3377 |
| and review submissions of certified welding and brazing procedure | 3378 |
| specifications, procedure qualification records, and performance | 3379 |
| qualification records for building services piping as required by | 3380 |
| section 4104.44 of the Revised Code. | 3381 |
| Sec. 121.084. (A) All moneys collected under sections | 3382 |
| 3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20, | 3383 |
| 4169.03, 4171.04, and 5104.051 of the Revised Code, and any other | 3384 |
|
moneys collected by the division of
| 3385 |
| shall be paid into the state treasury to the credit of the | 3386 |
| 3387 | |
| created. The department of commerce shall use the moneys in the | 3388 |
| fund for paying the operating expenses of the division and the | 3389 |
| administrative assessment described in division (B) of this | 3390 |
| section. | 3391 |
| (B) The director of commerce, with the approval of the | 3392 |
| director of budget and management, shall prescribe procedures for | 3393 |
|
assessing the
| 3394 |
| proportionate share of the administrative costs of the department | 3395 |
| of commerce. The assessment shall be made in accordance with those | 3396 |
|
procedures
and be paid from the | 3397 |
| operating fund to the division of administration fund created in | 3398 |
| section 121.08 of the Revised Code. | 3399 |
| Sec. 121.13. (A) The director of each department may, with | 3400 |
| the approval of the governor, establish and appoint advisory | 3401 |
|
boards to aid in the conduct of the
work of | 3402 |
| department or any division thereof. Such advisory boards shall | 3403 |
| exercise no administrative function, and their members shall | 3404 |
| receive no compensation, but may receive their actual and | 3405 |
| necessary expenses. | 3406 |
| (B) The director of each department may, with the approval of | 3407 |
| the governor, recruit and retain individuals employed by public | 3408 |
| entities or by private profit-making or nonprofit-making entities | 3409 |
| to function as "loaned executives," to support state functions | 3410 |
| and to assist the department in the conduct of its work. A loaned | 3411 |
| executive shall not participate, during the loaned executive's | 3412 |
| service with the state, in any decision, approval, disapproval, | 3413 |
| recommendation, rendering of advice, investigation, or other | 3414 |
| substantial exercise of administrative discretion that is | 3415 |
| directly related to the pecuniary interest of the loaned | 3416 |
| executive's regular employer. | 3417 |
| A loaned executive is not entitled to, and shall not receive, | 3418 |
| compensation from the state, but may receive compensation and | 3419 |
| actual and necessary expenses from the loaned executive's regular | 3420 |
| employer. The receipt of this compensation or expenses is not | 3421 |
| prohibited by division (A) of section 2921.43 of the Revised Code. | 3422 |
| However, a loaned executive is deemed to be a public official or | 3423 |
| employee for purposes of Chapter 102. of the Revised Code. | 3424 |
| Sec. 121.16. (A) The director of each department may form, | 3425 |
| with the governor's approval and utilizing department resources, | 3426 |
| one or more nonprofit corporations incorporated under Chapter | 3427 |
| 1702. of the Revised Code, to solicit financial contributions or | 3428 |
| in-kind contributions of goods to support the fulfillment of the | 3429 |
| duties and responsibilities of the department. | 3430 |
| (B) The articles of incorporation or bylaws of any nonprofit | 3431 |
| corporation formed under division (A) of this section shall state | 3432 |
| that the corporation's sole purpose is to act in the interest of | 3433 |
| the department, include guidelines for the public disclosure of | 3434 |
| the employees, vendors, and contracts of the corporation and for | 3435 |
| the reporting and disclosure of donors and donation amounts. The | 3436 |
| articles of incorporation or bylaws shall also include | 3437 |
| requirements for regular financial statements from the corporation | 3438 |
| to the department's director regarding the corporation's budget, | 3439 |
| expenditures, and processes, a regular schedule of audits, and any | 3440 |
| other conditions or protections to the public considered necessary | 3441 |
| by the Ohio ethics commission. | 3442 |
| (C) The department of administrative services shall develop | 3443 |
| model articles of incorporation and bylaws for corporations formed | 3444 |
| under division (A) of this section. Such a corporation may utilize | 3445 |
| the model articles of incorporation and bylaws or may adopt | 3446 |
| articles of incorporation and bylaws that comply with division (B) | 3447 |
| of this section and all other relevant Revised Code provisions. | 3448 |
| The department of administrative services shall update the model | 3449 |
| articles of incorporation and bylaws to reflect any relevant | 3450 |
| changes in the Revised Code and any new guidance from the Ohio | 3451 |
| ethics commission. | 3452 |
| (D) A department director that forms a nonprofit corporation | 3453 |
| under division (A) of this section may permit department employees | 3454 |
| to serve as directors of the corporation. Any such employee shall | 3455 |
| represent the department and the department's interests in all | 3456 |
| actions as a director of the corporation and shall file an annual | 3457 |
| disclosure statement under section 102.02 of the Revised Code. | 3458 |
| (E) An employee of a department serving as a director of a | 3459 |
| nonprofit corporation formed under division (A) of this section | 3460 |
| may solicit financial contributions or in-kind contributions of | 3461 |
| goods for the corporation to support the fulfillment of the duties | 3462 |
| and responsibilities of the department. The employee shall not | 3463 |
| personally benefit from solicitations for the corporation and | 3464 |
| shall not receive any personal benefit from the corporation. All | 3465 |
| such solicitations are subject to Chapter 102. and sections | 3466 |
| 2921.42 and 2921.43 and other relevant provisions of the Revised | 3467 |
| Code. | 3468 |
| (F) Before soliciting or accepting any contributions to a | 3469 |
| nonprofit corporation formed under division (A) of this section, | 3470 |
| an agent of the corporation shall inform the prospective | 3471 |
| contributor of the following: | 3472 |
| (1) That all contributions or donations are voluntary and | 3473 |
| shall not be made with or in return for any state contracts, | 3474 |
| grants, or other financial benefits; | 3475 |
| (2) That a contributor shall not make a contribution and the | 3476 |
| corporation shall not solicit or accept a contribution while a | 3477 |
| specific matter involving the contributor is pending before the | 3478 |
| department or a matter involving the contributor is reasonably | 3479 |
| foreseeable to come before the department soon after making the | 3480 |
| solicitation or contribution; | 3481 |
| (3) That a contributor shall not be given any ability, in a | 3482 |
| manner not afforded to other contributors or the general public, | 3483 |
| to lobby or promote the contributor's activities with public | 3484 |
| officials and employees of any department that benefits from the | 3485 |
| contribution; | 3486 |
| (4) That public officials and employees shall not be | 3487 |
| influenced in the objective performance of the official's or | 3488 |
| employee's public duties regarding a contributor by the | 3489 |
| contributor's decision to contribute or not to contribute; | 3490 |
| (5) That any contribution made in violation of divisions | 3491 |
| (F)(1) to (4) of this section shall be returned to the | 3492 |
| contributor. | 3493 |
| (G) Contributions may be made to a nonprofit corporation | 3494 |
| formed under division (A) of this section to support specific | 3495 |
| projects or initiatives of the department, but the corporation | 3496 |
| shall reject any proposed contribution that carries conditions or | 3497 |
| requirements that the director of the department determines to be | 3498 |
| contrary to the interests of the department or the state. | 3499 |
| (H) A nonprofit corporation formed under division (A) of this | 3500 |
| section may make expenditures with the approval of the director of | 3501 |
| the department, to support the operations of the corporation. The | 3502 |
| corporation shall only make expenditures that, in the director's | 3503 |
| judgment, benefit the department. The expenditures or transfers of | 3504 |
| contributed goods may be made directly by the corporation or may | 3505 |
| be transferred to the department. All corporation expenditures and | 3506 |
| all funds transferred to the department under this division shall | 3507 |
| comply with the laws of the state. The director of budget and | 3508 |
| management may establish any accounts and take any other steps | 3509 |
| necessary for a department to receive contributions from the | 3510 |
| corporation. | 3511 |
| (I) All activity of a nonprofit corporation formed under | 3512 |
| division (A) of this section shall be subject to sections 121.22 | 3513 |
| and 149.43 of the Revised Code and shall be subject to audits as | 3514 |
| if it were a public office described in Chapter 117. of the | 3515 |
| Revised Code. Directors, employees, and other agents of the | 3516 |
| corporation shall be considered public officials or employees | 3517 |
| subject to the requirements of Chapter 102. and sections 2921.42 | 3518 |
| and 2921.43 of the Revised Code. | 3519 |
| Sec. 121.31. There is hereby created the commission on | 3520 |
| Hispanic-Latino affairs consisting of eleven voting members | 3521 |
| appointed by the governor with the advice and consent of the | 3522 |
| senate and two ex officio, nonvoting members who are members of | 3523 |
| the general assembly. The speaker of the house of representatives | 3524 |
| shall recommend to the governor two persons for appointment to the | 3525 |
| commission, the president of the senate shall recommend to the | 3526 |
| governor two such persons, and the minority leaders of the house | 3527 |
| and senate shall each recommend to the governor one such person. | 3528 |
| The governor shall make initial appointments to the commission. Of | 3529 |
| the initial appointments made to the commission, three shall be | 3530 |
| for a term ending October 7, 1978, four shall be for a term ending | 3531 |
| October 7, 1979, and four shall be for a term ending October 7, | 3532 |
| 1980. One ex officio member of the commission shall be a member | 3533 |
| of the house of representatives appointed by the speaker of the | 3534 |
| house of representatives and one ex officio member of the | 3535 |
| commission shall be a member of the senate appointed by the | 3536 |
|
president of the senate. | 3537 |
| 3538 | |
| 3539 | |
| 3540 | |
| 3541 | |
| 3542 | |
| 3543 | |
| 3544 | |
| 3545 | |
| 3546 | |
| speaker shall appoint a member of the house of representatives | 3547 |
| from among the representatives who are affiliated with the | 3548 |
| political party having a majority in the house of representatives, | 3549 |
| and the president shall appoint a member of the senate from among | 3550 |
| the senators who are affiliated with a different political party | 3551 |
| than the representative appointed by the speaker. | 3552 |
| After the initial appointments by the governor, terms of | 3553 |
| office shall be for three years, except that members of the | 3554 |
| general assembly appointed to the commission shall be members of | 3555 |
| the commission only so long as they are members of the general | 3556 |
| assembly. Each term shall end on the same day of the same month | 3557 |
| of the year as did the term which it succeeds. Each member shall | 3558 |
| hold office from the date of appointment until the end of the | 3559 |
| term for which the member was appointed. Vacancies shall be | 3560 |
| filled in the same manner as the original appointment. Any member | 3561 |
| appointed to fill a vacancy occurring prior to the expiration of | 3562 |
| the term for which the member's predecessor was appointed shall | 3563 |
| hold office for the remainder of such term. Any member shall | 3564 |
| continue in office subsequent to the expiration date of the | 3565 |
| member's term until the member's successor takes office, or until | 3566 |
| a period of sixty days has elapsed, whichever occurs first. At the | 3567 |
| first organizational meeting of the commission, the original | 3568 |
| eleven members shall draw lots to determine the length of the term | 3569 |
| each member shall serve. | 3570 |
| All voting members of the commission shall speak Spanish, | 3571 |
| shall be of Spanish-speaking origin, and shall be American | 3572 |
| citizens or lawful, permanent, resident aliens. Voting members | 3573 |
| shall be from urban, suburban, and rural geographical areas | 3574 |
| representative of Spanish-speaking people with a numerical and | 3575 |
| geographical balance of the Spanish-speaking population | 3576 |
| throughout the state. | 3577 |
| The commission shall meet not less than six times per | 3578 |
| calendar year. The commission shall elect a chairperson, | 3579 |
| vice-chairperson, and other officers from its voting members as it | 3580 |
| considers advisable. Six voting members constitute a quorum. The | 3581 |
| commission shall adopt rules governing its procedures. No action | 3582 |
| of the commission is valid without the concurrence of six members. | 3583 |
| Each voting member shall be compensated for work as a member | 3584 |
| for each day that the member is actually engaged in the | 3585 |
| performance of work as a member. No voting member shall be | 3586 |
| compensated for more than one day each month. In addition, each | 3587 |
| voting member shall be reimbursed for all actual and necessary | 3588 |
| expenses incurred in the performance of official business. | 3589 |
| Sec. 121.37. (A)(1) There is hereby created the Ohio family | 3590 |
| and children first cabinet council. The council shall be composed | 3591 |
| of the superintendent of public instruction and the directors of | 3592 |
| youth services, job and family services, mental health, health, | 3593 |
| alcohol and drug addiction services, mental retardation and | 3594 |
| developmental disabilities, aging, rehabilitation and correction, | 3595 |
| and budget and management. The chairperson of the council shall be | 3596 |
| the governor or the governor's designee and shall establish | 3597 |
| procedures for the council's internal control and management. | 3598 |
| The purpose of the cabinet council is to help families | 3599 |
| seeking government services. This section shall not be interpreted | 3600 |
| or applied to usurp the role of parents, but solely to streamline | 3601 |
| and coordinate existing government services for families seeking | 3602 |
| assistance for their children. | 3603 |
| (2) In seeking to fulfill its purpose, the council may do any | 3604 |
| of the following: | 3605 |
| (a) Advise and make recommendations to the governor and | 3606 |
| general assembly regarding the provision of services to children; | 3607 |
| (b) Advise and assess local governments on the coordination | 3608 |
| of service delivery to children; | 3609 |
| (c) Hold meetings at such times and places as may be | 3610 |
| prescribed by the council's procedures and maintain records of the | 3611 |
| meetings, except that records identifying individual children are | 3612 |
| confidential and shall be disclosed only as provided by law; | 3613 |
| (d) Develop programs and projects, including pilot projects, | 3614 |
| to encourage coordinated efforts at the state and local level to | 3615 |
| improve the state's social service delivery system; | 3616 |
| (e) Enter into contracts with and administer grants to county | 3617 |
| family and children first councils, as well as other county or | 3618 |
| multicounty organizations to plan and coordinate service delivery | 3619 |
| between state agencies and local service providers for families | 3620 |
| and children; | 3621 |
| (f) Enter into contracts with and apply for grants from | 3622 |
| federal agencies or private organizations; | 3623 |
| (g) Enter into interagency agreements to encourage | 3624 |
| coordinated efforts at the state and local level to improve the | 3625 |
| state's social service delivery system. The agreements may include | 3626 |
| provisions regarding the receipt, transfer, and expenditure of | 3627 |
| funds; | 3628 |
| (h) Identify public and private funding sources for services | 3629 |
| provided to alleged or adjudicated unruly children and children | 3630 |
| who are at risk of being alleged or adjudicated unruly children, | 3631 |
| including regulations governing access to and use of the services; | 3632 |
| (i) Collect information provided by local communities | 3633 |
| regarding successful programs for prevention, intervention, and | 3634 |
| treatment of unruly behavior, including evaluations of the | 3635 |
| programs; | 3636 |
| (j) Identify and disseminate publications regarding alleged | 3637 |
| or adjudicated unruly children and children who are at risk of | 3638 |
| being alleged or adjudicated unruly children and regarding | 3639 |
| programs serving those types of children; | 3640 |
| (k) Maintain an inventory of strategic planning facilitators | 3641 |
| for use by government or nonprofit entities that serve alleged or | 3642 |
| adjudicated unruly children or children who are at risk of being | 3643 |
| alleged or adjudicated unruly children. | 3644 |
| (3) The cabinet council shall provide for the following: | 3645 |
| (a) Reviews of service and treatment plans for children for | 3646 |
| which such reviews are requested; | 3647 |
| (b) Assistance as the council determines to be necessary to | 3648 |
| meet the needs of children referred by county family and children | 3649 |
| first councils; | 3650 |
| (c) Monitoring and supervision of a statewide, comprehensive, | 3651 |
| coordinated, multi-disciplinary, interagency system for infants | 3652 |
| and toddlers with developmental disabilities or delays and their | 3653 |
| families, as established pursuant to federal grants received and | 3654 |
| administered by the department of health for early intervention | 3655 |
| services under the "Individuals with Disabilities Education Act of | 3656 |
| 2004," 20 U.S.C.A. 1400, as amended. | 3657 |
| (4) The cabinet council shall develop and implement the | 3658 |
| following: | 3659 |
| (a) An interagency process to select the indicators that will | 3660 |
| be used to measure progress toward increasing child well-being in | 3661 |
| the state and to update the indicators on an annual basis. The | 3662 |
| indicators shall focus on expectant parents and newborns thriving; | 3663 |
| infants and toddlers thriving; children being ready for school; | 3664 |
| children and youth succeeding in school; youth choosing healthy | 3665 |
| behaviors; and youth successfully transitioning into adulthood. | 3666 |
| (b) An interagency system to offer guidance and monitor | 3667 |
| progress toward increasing child well-being in the state and in | 3668 |
| each county; | 3669 |
| (c) An annual plan that identifies state-level agency efforts | 3670 |
| taken to ensure progress towards increasing child well-being in | 3671 |
| the state. | 3672 |
| On an annual basis, the cabinet council shall submit to the | 3673 |
| governor and the general assembly a report on the status of | 3674 |
| efforts to increase child well-being in the state. This report | 3675 |
| shall be made available to any other person on request. | 3676 |
| (B)(1) Each board of county commissioners shall establish a | 3677 |
| county family and children first council. The board may invite any | 3678 |
| local public or private agency or group that funds, advocates, or | 3679 |
| provides services to children and families to have a | 3680 |
| representative become a permanent or temporary member of its | 3681 |
| county council. Each county council must include the following | 3682 |
| individuals: | 3683 |
| (a) At least three individuals who are not employed by an | 3684 |
| agency represented on the council and whose families are or have | 3685 |
| received services from an agency represented on the council or | 3686 |
| another county's council. Where possible, the number of members | 3687 |
| representing families shall be equal to twenty per cent of the | 3688 |
| council's membership. | 3689 |
| (b) The director of the board of alcohol, drug addiction, and | 3690 |
| mental health services that serves the county, or, in the case of | 3691 |
| a county that has a board of alcohol and drug addiction services | 3692 |
| and a community mental health board, the directors of both boards. | 3693 |
| If a board of alcohol, drug addiction, and mental health services | 3694 |
| covers more than one county, the director may designate a person | 3695 |
| to participate on the county's council. | 3696 |
| (c) The health commissioner, or the commissioner's designee, | 3697 |
| of the board of health of each city and general health district in | 3698 |
| the county. If the county has two or more health districts, the | 3699 |
| health commissioner membership may be limited to the commissioners | 3700 |
| of the two districts with the largest populations. | 3701 |
| (d) The director of the county department of job and family | 3702 |
| services; | 3703 |
| (e) The executive director of the public children services | 3704 |
| agency; | 3705 |
| (f) The superintendent of the county board of mental | 3706 |
| retardation and developmental disabilities; | 3707 |
| (g) The superintendent of the city, exempted village, or | 3708 |
| local school district with the largest number of pupils residing | 3709 |
| in the county, as determined by the department of education, which | 3710 |
| shall notify each board of county commissioners of its | 3711 |
| determination at least biennially; | 3712 |
| (h) A school superintendent representing all other school | 3713 |
| districts with territory in the county, as designated at a | 3714 |
| biennial meeting of the superintendents of those districts; | 3715 |
| (i) A representative of the municipal corporation with the | 3716 |
| largest population in the county; | 3717 |
| (j) The president of the board of county commissioners or an | 3718 |
| individual designated by the board; | 3719 |
| (k) A representative of the regional office of the department | 3720 |
| of youth services; | 3721 |
| (l) A representative of the county's head start agencies, as | 3722 |
| defined in section 3301.32 of the Revised Code; | 3723 |
| (m) A representative of the county's early intervention | 3724 |
| collaborative established pursuant to the federal early | 3725 |
| intervention program operated under the "Individuals with | 3726 |
| Disabilities Education Act of 2004"; | 3727 |
| (n) A representative of a local nonprofit entity that funds, | 3728 |
| advocates, or provides services to children and families. | 3729 |
| Notwithstanding any other provision of law, the public | 3730 |
| members of a county council are not prohibited from serving on the | 3731 |
| council and making decisions regarding the duties of the council, | 3732 |
| including those involving the funding of joint projects and those | 3733 |
| outlined in the county's service coordination mechanism | 3734 |
| implemented pursuant to division (C) of this section. | 3735 |
| The cabinet council shall establish a state appeals process | 3736 |
| to resolve disputes among the members of a county council | 3737 |
| concerning whether reasonable responsibilities as members are | 3738 |
| being shared. The appeals process may be accessed only by a | 3739 |
| majority vote of the council members who are required to serve on | 3740 |
| the council. Upon appeal, the cabinet council may order that state | 3741 |
| funds for services to children and families be redirected to a | 3742 |
| county's board of county commissioners. | 3743 |
| The county's juvenile court judge senior in service or | 3744 |
| another judge of the juvenile court designated by the | 3745 |
| administrative judge or, where there is no administrative judge, | 3746 |
| by the judge senior in service shall serve as the judicial advisor | 3747 |
| to the county family and children first council. The judge may | 3748 |
| advise the county council on the court's utilization of resources, | 3749 |
| services, or programs provided by the entities represented by the | 3750 |
| members of the county council and how those resources, services, | 3751 |
| or programs assist the court in its administration of justice. | 3752 |
| Service of a judge as a judicial advisor pursuant to this section | 3753 |
| is a judicial function. | 3754 |
| (2) The purpose of the county council is to streamline and | 3755 |
| coordinate existing government services for families seeking | 3756 |
| services for their children. In seeking to fulfill its purpose, a | 3757 |
| county council shall provide for the following: | 3758 |
| (a) Referrals to the cabinet council of those children for | 3759 |
| whom the county council cannot provide adequate services; | 3760 |
| (b) Development and implementation of a process that annually | 3761 |
| evaluates and prioritizes services, fills service gaps where | 3762 |
| possible, and invents new approaches to achieve better results for | 3763 |
| families and children; | 3764 |
| (c) Participation in the development of a countywide, | 3765 |
| comprehensive, coordinated, multi-disciplinary, interagency system | 3766 |
| for infants and toddlers with developmental disabilities or delays | 3767 |
| and their families, as established pursuant to federal grants | 3768 |
| received and administered by the department of health for early | 3769 |
| intervention services under the "Individuals with Disabilities | 3770 |
| Education Act of 2004"; | 3771 |
| (d) Maintenance of an accountability system to monitor the | 3772 |
| county council's progress in achieving results for families and | 3773 |
| children; | 3774 |
| (e) Establishment of a mechanism to ensure ongoing input from | 3775 |
| a broad representation of families who are receiving services | 3776 |
| within the county system. | 3777 |
| (3) A county council shall develop and implement the | 3778 |
| following: | 3779 |
| (a) An interagency process to establish local indicators and | 3780 |
| monitor the county's progress toward increasing child well-being | 3781 |
| in the county; | 3782 |
| (b) An interagency process to identify local priorities to | 3783 |
| increase child well-being. The local priorities shall focus on | 3784 |
| expectant parents and newborns thriving; infants and toddlers | 3785 |
| thriving; children being ready for school; children and youth | 3786 |
| succeeding in school; youth choosing healthy behaviors; and youth | 3787 |
| successfully transitioning into adulthood and take into account | 3788 |
| the indicators established by the cabinet council under division | 3789 |
| (A)(4)(a) of this section. | 3790 |
| (c) An annual plan that identifies the county's interagency | 3791 |
| efforts to increase child well-being in the county. | 3792 |
| On an annual basis, the county council shall submit a report | 3793 |
| on the status of efforts by the county to increase child | 3794 |
| well-being in the county to the county's board of county | 3795 |
| commissioners and the cabinet council. This report shall be made | 3796 |
| available to any other person on request. | 3797 |
| (4)(a) Except as provided in division (B)(4)(b) of this | 3798 |
| section, a county council shall comply with the policies, | 3799 |
| procedures, and activities prescribed by the rules or interagency | 3800 |
| agreements of a state department participating on the cabinet | 3801 |
| council whenever the county council performs a function subject to | 3802 |
| those rules or agreements. | 3803 |
| (b) On application of a county council, the cabinet council | 3804 |
| may grant an exemption from any rules or interagency agreements of | 3805 |
| a state department participating on the council if an exemption is | 3806 |
| necessary for the council to implement an alternative program or | 3807 |
| approach for service delivery to families and children. The | 3808 |
| application shall describe the proposed program or approach and | 3809 |
| specify the rules or interagency agreements from which an | 3810 |
| exemption is necessary. The cabinet council shall approve or | 3811 |
| disapprove the application in accordance with standards and | 3812 |
| procedures it shall adopt. If an application is approved, the | 3813 |
| exemption is effective only while the program or approach is being | 3814 |
| implemented, including a reasonable period during which the | 3815 |
| program or approach is being evaluated for effectiveness. | 3816 |
| (5)(a) Each county council shall designate an administrative | 3817 |
| agent for the council from among the following public entities: | 3818 |
| the board of alcohol, drug addiction, and mental health services, | 3819 |
| including a board of alcohol and drug addiction or a community | 3820 |
| mental health board if the county is served by separate boards; | 3821 |
| the board of county commissioners; any board of health of the | 3822 |
| county's city and general health districts; the county department | 3823 |
| of job and family services; the county agency responsible for the | 3824 |
| administration of children services pursuant to section 5153.15 of | 3825 |
| the Revised Code; the county board of mental retardation and | 3826 |
| developmental disabilities; any of the county's boards of | 3827 |
| education or governing boards of educational service centers; or | 3828 |
| the county's juvenile court. Any of the foregoing public entities, | 3829 |
| other than the board of county commissioners, may decline to serve | 3830 |
| as the council's administrative agent. | 3831 |
| A county council's administrative agent shall serve as the | 3832 |
| council's appointing authority for any employees of the council. | 3833 |
| The council shall file an annual budget with its administrative | 3834 |
| agent, with copies filed with the county auditor and with the | 3835 |
| board of county commissioners, unless the board is serving as the | 3836 |
| council's administrative agent. The council's administrative agent | 3837 |
| shall ensure that all expenditures are handled in accordance with | 3838 |
| policies, procedures, and activities prescribed by state | 3839 |
| departments in rules or interagency agreements that are applicable | 3840 |
| to the council's functions. | 3841 |
| The administrative agent of a county council shall send | 3842 |
| notice of a member's absence if a member listed in division (B)(1) | 3843 |
| of this section has been absent from either three consecutive | 3844 |
| meetings of the county council or a county council subcommittee, | 3845 |
| or from one-quarter of such meetings in a calendar year, whichever | 3846 |
| is less. The notice shall be sent to the board of county | 3847 |
| commissioners that establishes the county council and, for the | 3848 |
| members listed in divisions (B)(1)(b), (c), (e), and (l) of this | 3849 |
| section, to the governing board overseeing the respective entity; | 3850 |
| for the member listed in division (B)(1)(f) of this section, to | 3851 |
| the county board of mental retardation and developmental | 3852 |
| disabilities that employs the superintendent; for a member listed | 3853 |
| in division (B)(1)(g) or (h) of this section, to the school board | 3854 |
| that employs the superintendent; for the member listed in division | 3855 |
| (B)(1)(i) of this section, to the mayor of the municipal | 3856 |
| corporation; for the member listed in division (B)(1)(k) of this | 3857 |
| section, to the director of youth services; and for the member | 3858 |
| listed in division (B)(1)(n), to that member's board of trustees. | 3859 |
| The administrative agent for a county council may do any of | 3860 |
| the following on behalf of the council: | 3861 |
| (i) Enter into agreements or administer contracts with public | 3862 |
| or private entities to fulfill specific council business. Such | 3863 |
| agreements and contracts are exempt from the competitive bidding | 3864 |
| requirements of section 307.86 of the Revised Code if they have | 3865 |
| been approved by the county council and they are for the purchase | 3866 |
| of family and child welfare or child protection services or other | 3867 |
| social or job and family services for families and children. The | 3868 |
| approval of the county council is not required to exempt | 3869 |
| agreements or contracts entered into under section 5139.34, | 3870 |
| 5139.41, or 5139.43 of the Revised Code from the competitive | 3871 |
| bidding requirements of section 307.86 of the Revised Code. | 3872 |
| (ii) As determined by the council, provide financial | 3873 |
| stipends, reimbursements, or both, to family representatives for | 3874 |
| expenses related to council activity; | 3875 |
| (iii) Receive by gift, grant, devise, or bequest any moneys, | 3876 |
| lands, or other property for the purposes for which the council is | 3877 |
| established. The agent shall hold, apply, and dispose of the | 3878 |
| moneys, lands, or other property according to the terms of the | 3879 |
| gift, grant, devise, or bequest. Any interest or earnings shall be | 3880 |
| treated in the same manner and are subject to the same terms as | 3881 |
| the gift, grant, devise, or bequest from which it accrues. | 3882 |
| (b)(i) If the county council designates the board of county | 3883 |
| commissioners as its administrative agent, the board may, by | 3884 |
| resolution, delegate any of its powers and duties as | 3885 |
| administrative agent to an executive committee the board | 3886 |
| establishes from the membership of the county council. The board | 3887 |
| shall name to the executive committee at least the individuals | 3888 |
| described in divisions (B)(1)(b) to (h) of this section and may | 3889 |
| appoint the president of the board or another individual as the | 3890 |
| chair of the executive committee. The executive committee must | 3891 |
| include at least one family county council representative who does | 3892 |
| not have a family member employed by an agency represented on the | 3893 |
| council. | 3894 |
| (ii) The executive committee may, with the approval of the | 3895 |
| board, hire an executive director to assist the county council in | 3896 |
| administering its powers and duties. The executive director shall | 3897 |
| serve in the unclassified civil service at the pleasure of the | 3898 |
| executive committee. The executive director may, with the approval | 3899 |
| of the executive committee, hire other employees as necessary to | 3900 |
| properly conduct the county council's business. | 3901 |
| (iii) The board may require the executive committee to submit | 3902 |
| an annual budget to the board for approval and may amend or repeal | 3903 |
| the resolution that delegated to the executive committee its | 3904 |
| authority as the county council's administrative agent. | 3905 |
| (6) Two or more county councils may enter into an agreement | 3906 |
| to administer their county councils jointly by creating a regional | 3907 |
| family and children first council. A regional council possesses | 3908 |
| the same duties and authority possessed by a county council, | 3909 |
| except that the duties and authority apply regionally rather than | 3910 |
| to individual counties. Prior to entering into an agreement to | 3911 |
| create a regional council, the members of each county council to | 3912 |
| be part of the regional council shall meet to determine whether | 3913 |
| all or part of the members of each county council will serve as | 3914 |
| members of the regional council. | 3915 |
| (7) A board of county commissioners may approve a resolution | 3916 |
| by a majority vote of the board's members that requires the county | 3917 |
| council to submit a statement to the board each time the council | 3918 |
| proposes to enter into an agreement, adopt a plan, or make a | 3919 |
| decision, other than a decision pursuant to section 121.38 of the | 3920 |
| Revised Code, that requires the expenditure of funds for two or | 3921 |
| more families. The statement shall describe the proposed | 3922 |
| agreement, plan, or decision. | 3923 |
| Not later than fifteen days after the board receives the | 3924 |
| statement, it shall, by resolution approved by a majority of its | 3925 |
| members, approve or disapprove the agreement, plan, or decision. | 3926 |
| Failure of the board to pass a resolution during that time period | 3927 |
| shall be considered approval of the agreement, plan, or decision. | 3928 |
| An agreement, plan, or decision for which a statement is | 3929 |
| required to be submitted to the board shall be implemented only if | 3930 |
| it is approved by the board. | 3931 |
| (C) Each county shall develop a county service coordination | 3932 |
| mechanism. The county service coordination mechanism shall serve | 3933 |
| as the guiding document for coordination of services in the | 3934 |
| county. For children who also receive services under the help me | 3935 |
| grow program, the service coordination mechanism shall be | 3936 |
| consistent with rules adopted by the department of health under | 3937 |
| section 3701.61 of the Revised Code. All family service | 3938 |
| coordination plans shall be developed in accordance with the | 3939 |
| county service coordination mechanism. The mechanism shall be | 3940 |
| developed and approved with the participation of the county | 3941 |
| entities representing child welfare; mental retardation and | 3942 |
| developmental disabilities; alcohol, drug addiction, and mental | 3943 |
| health services; health; juvenile judges; education; the county | 3944 |
| family and children first council; and the county early | 3945 |
| intervention collaborative established pursuant to the federal | 3946 |
| early intervention program operated under the "Individuals with | 3947 |
| Disabilities Education Act of 2004." The county shall establish an | 3948 |
| implementation schedule for the mechanism. The cabinet council may | 3949 |
| monitor the implementation and administration of each county's | 3950 |
| service coordination mechanism. | 3951 |
| Each mechanism shall include all of the following: | 3952 |
| (1) A procedure for an agency, including a juvenile court, or | 3953 |
| a family voluntarily seeking service coordination, to refer the | 3954 |
| child and family to the county council for service coordination in | 3955 |
| accordance with the mechanism; | 3956 |
| (2) A procedure ensuring that a family and all appropriate | 3957 |
| staff from involved agencies, including a representative from the | 3958 |
| appropriate school district, are notified of and invited to | 3959 |
| participate in all family service coordination plan meetings; | 3960 |
| (3) A procedure that permits a family to initiate a meeting | 3961 |
| to develop or review the family's service coordination plan and | 3962 |
| allows the family to invite a family advocate, mentor, or support | 3963 |
| person of the family's choice to participate in any such meeting; | 3964 |
| (4) A procedure for ensuring that a family service | 3965 |
| coordination plan meeting is conducted for each child who receives | 3966 |
| service coordination under the mechanism and for whom an emergency | 3967 |
| out-of-home placement has been made or for whom a nonemergency | 3968 |
| out-of-home placement is being considered. The meeting shall be | 3969 |
| conducted within ten days of an emergency out-of-home placement. | 3970 |
| The meeting shall be conducted before a nonemergency out-of-home | 3971 |
| placement. The family service coordination plan shall outline how | 3972 |
| the county council members will jointly pay for services, where | 3973 |
| applicable, and provide services in the least restrictive | 3974 |
| environment. | 3975 |
| (5) A procedure for monitoring the progress and tracking the | 3976 |
| outcomes of each service coordination plan requested in the county | 3977 |
| including monitoring and tracking children in out-of-home | 3978 |
| placements to assure continued progress, appropriateness of | 3979 |
| placement, and continuity of care after discharge from placement | 3980 |
| with appropriate arrangements for housing, treatment, and | 3981 |
| education. | 3982 |
| (6) A procedure for protecting the confidentiality of all | 3983 |
| personal family information disclosed during service coordination | 3984 |
| meetings or contained in the comprehensive family service | 3985 |
| coordination plan. | 3986 |
| (7) A procedure for assessing the needs and strengths of any | 3987 |
| child or family that has been referred to the council for service | 3988 |
| coordination, including a child whose parent or custodian is | 3989 |
| voluntarily seeking services, and for ensuring that parents and | 3990 |
| custodians are afforded the opportunity to participate; | 3991 |
| (8) A procedure for development of a family service | 3992 |
| coordination plan described in division (D) of this section; | 3993 |
| (9) A local dispute resolution process to serve as the | 3994 |
| process that must be used first to resolve disputes among the | 3995 |
| agencies represented on the county council concerning the | 3996 |
| provision of services to children, including children who are | 3997 |
| abused, neglected, dependent, unruly, alleged unruly, or | 3998 |
| delinquent children and under the jurisdiction of the juvenile | 3999 |
| court and children whose parents or custodians are voluntarily | 4000 |
| seeking services. The local dispute resolution process shall | 4001 |
| comply with sections 121.38, 121.381, and 121.382 of the Revised | 4002 |
| Code. The local dispute resolution process shall be used to | 4003 |
| resolve disputes between a child's parents or custodians and the | 4004 |
| county council regarding service coordination. The county council | 4005 |
| shall inform the parents or custodians of their right to use the | 4006 |
| dispute resolution process. Parents or custodians shall use | 4007 |
| existing local agency grievance procedures to address disputes not | 4008 |
| involving service coordination. The dispute resolution process is | 4009 |
| in addition to and does not replace other rights or procedures | 4010 |
| that parents or custodians may have under other sections of the | 4011 |
| Revised Code. | 4012 |
| The cabinet council shall adopt rules in accordance with | 4013 |
| Chapter 119. of the Revised Code establishing an administrative | 4014 |
| review process to address problems that arise concerning the | 4015 |
| operation of a local dispute resolution process. | 4016 |
| Nothing in division (C)(4) of this section shall be | 4017 |
| interpreted as overriding or affecting decisions of a juvenile | 4018 |
| court regarding an out-of-home placement, long-term placement, or | 4019 |
| emergency out-of-home placement. | 4020 |
| (D) Each county shall develop a family service coordination | 4021 |
| plan that does all of the following: | 4022 |
| (1) Designates service responsibilities among the various | 4023 |
| state and local agencies that provide services to children and | 4024 |
| their families, including children who are abused, neglected, | 4025 |
| dependent, unruly, or delinquent children and under the | 4026 |
| jurisdiction of the juvenile court and children whose parents or | 4027 |
| custodians are voluntarily seeking services; | 4028 |
| (2) Designates an individual, approved by the family, to | 4029 |
| track the progress of the family service coordination plan, | 4030 |
| schedule reviews as necessary, and facilitate the family service | 4031 |
| coordination plan meeting process; | 4032 |
| (3) Ensures that assistance and services to be provided are | 4033 |
| responsive to the strengths and needs of the family, as well as | 4034 |
| the family's culture, race, and ethnic group, by allowing the | 4035 |
| family to offer information and suggestions and participate in | 4036 |
| decisions. Identified assistance and services shall be provided in | 4037 |
| the least restrictive environment possible. | 4038 |
| (4) Includes a process for dealing with a child who is | 4039 |
| alleged to be an unruly child. The process shall include methods | 4040 |
| to divert the child from the juvenile court system; | 4041 |
| (5) Includes timelines for completion of goals specified in | 4042 |
| the plan with regular reviews scheduled to monitor progress toward | 4043 |
| those goals; | 4044 |
| (6) Includes a plan for dealing with short-term crisis | 4045 |
| situations and safety concerns. | 4046 |
| (E)(1) The process provided for under division (D)(4) of this | 4047 |
| section may include, but is not limited to, the following: | 4048 |
| (a) Designation of the person or agency to conduct the | 4049 |
| assessment of the child and the child's family as described in | 4050 |
| division (C)(7) of this section and designation of the instrument | 4051 |
| or instruments to be used to conduct the assessment; | 4052 |
| (b) An emphasis on the personal responsibilities of the child | 4053 |
| and the parental responsibilities of the parents, guardian, or | 4054 |
| custodian of the child; | 4055 |
| (c) Involvement of local law enforcement agencies and | 4056 |
| officials. | 4057 |
| (2) The method to divert a child from the juvenile court | 4058 |
| system that must be included in the service coordination process | 4059 |
| may include, but is not limited to, the following: | 4060 |
| (a) The preparation of a complaint under section 2151.27 of | 4061 |
| the Revised Code alleging that the child is an unruly child and | 4062 |
| notifying the child and the parents, guardian, or custodian that | 4063 |
| the complaint has been prepared to encourage the child and the | 4064 |
| parents, guardian, or custodian to comply with other methods to | 4065 |
| divert the child from the juvenile court system; | 4066 |
| (b) Conducting a meeting with the child, the parents, | 4067 |
| guardian, or custodian, and other interested parties to determine | 4068 |
| the appropriate methods to divert the child from the juvenile | 4069 |
| court system; | 4070 |
| (c) A method to provide to the child and the child's family a | 4071 |
| short-term respite from a short-term crisis situation involving a | 4072 |
| confrontation between the child and the parents, guardian, or | 4073 |
| custodian; | 4074 |
| (d) A program to provide a mentor to the child or the | 4075 |
| parents, guardian, or custodian; | 4076 |
| (e) A program to provide parenting education to the parents, | 4077 |
| guardian, or custodian; | 4078 |
| (f) An alternative school program for children who are truant | 4079 |
| from school, repeatedly disruptive in school, or suspended or | 4080 |
| expelled from school; | 4081 |
| (g) Other appropriate measures, including, but not limited | 4082 |
| to, any alternative methods to divert a child from the juvenile | 4083 |
| court system that are identified by the Ohio family and children | 4084 |
| first cabinet council. | 4085 |
| (F) Each county may review and revise the service | 4086 |
| coordination process described in division (D) of this section | 4087 |
| based on the availability of funds under Title IV-A of the "Social | 4088 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, | 4089 |
| or to the extent resources are available from any other federal, | 4090 |
| state, or local funds. | 4091 |
| Sec. 121.375. (A) As used in this section: | 4092 |
| "At-risk individual" means an individual at great risk of not | 4093 |
| being able to access available health and social services due to | 4094 |
| barriers such as poverty, inadequate transportation, culture, and | 4095 |
| priorities of basic survival. | 4096 |
| "Care coordination agency" means a person or government | 4097 |
| entity that assists at-risk individuals access available health | 4098 |
| and social services the at-risk individuals need. | 4099 |
| (B) A care coordination agency may provide the following | 4100 |
| information to the Ohio family and children first cabinet council: | 4101 |
| (1) The types of individuals the agency identifies as being | 4102 |
| at-risk individuals; | 4103 |
| (2) The total per-individual cost to the agency for care | 4104 |
| coordination services provided to at-risk individuals; | 4105 |
| (3) The administrative cost per individual for care | 4106 |
| coordination services provided to at-risk individuals; | 4107 |
| (4) The specific work products the agency purchased to | 4108 |
| provide care coordination services to at-risk individuals; | 4109 |
| (5) The strategies the agency uses to help at-risk | 4110 |
| individuals access available health and social services; | 4111 |
| (6) The agency's success in helping at-risk individuals | 4112 |
| access available health and social services; | 4113 |
| (7) The mechanisms the agency uses to identify and eliminate | 4114 |
| duplicate care coordination services. | 4115 |
| (C) The Ohio family and children first cabinet council may | 4116 |
| use the information provided to it under this section to help | 4117 |
| improve care coordination for at-risk individuals throughout the | 4118 |
| state. | 4119 |
| Sec. 121.40. (A) There is hereby created the Ohio community | 4120 |
| service council consisting of twenty-one voting members including | 4121 |
| the superintendent of public instruction or the superintendent's | 4122 |
| designee, the chancellor of the Ohio board of regents or the | 4123 |
| chancellor's designee, the director of youth services or the | 4124 |
| director's designee, the director of aging or the director's | 4125 |
| designee, the chairperson of the committee of the house of | 4126 |
| representatives dealing with education or the chairperson's | 4127 |
| designee, the chairperson of the committee of the senate dealing | 4128 |
| with education or the chairperson's designee, and fifteen members | 4129 |
| who shall be appointed by the governor with the advice and | 4130 |
| consent of the senate and who shall serve terms of office of three | 4131 |
| years. The appointees shall include educators, including teachers | 4132 |
| and administrators; representatives of youth organizations; | 4133 |
| students and parents; representatives of organizations engaged in | 4134 |
| volunteer program development and management throughout the state, | 4135 |
| including youth and conservation programs; and representatives of | 4136 |
| business, government, nonprofit organizations, social service | 4137 |
| agencies, veterans organizations, religious organizations, or | 4138 |
| philanthropies that support or encourage volunteerism within the | 4139 |
| state. The director of the governor's office of faith-based and | 4140 |
| community initiatives shall serve as a nonvoting ex officio member | 4141 |
| of the council. Members of the council shall receive no | 4142 |
| compensation, but shall be reimbursed for actual and necessary | 4143 |
| expenses incurred in the performance of their official duties. | 4144 |
| (B) The council shall appoint, with the advice and consent of | 4145 |
| the governor, an executive director for the council, who shall be | 4146 |
| in the unclassified civil service. The executive director shall | 4147 |
| supervise the council's activities and report to the council on | 4148 |
| the progress of those activities. The executive director shall do | 4149 |
| all things necessary for the efficient and effective | 4150 |
| implementation of the duties of the council. | 4151 |
| The responsibilities assigned to the executive director do | 4152 |
| not relieve the members of the council from final responsibility | 4153 |
| for the proper performance of the requirements of this section. | 4154 |
| (C) The council or its designee shall do all of the | 4155 |
| following: | 4156 |
| (1) Employ, promote, supervise, and remove all employees as | 4157 |
| needed in connection with the performance of its duties under this | 4158 |
| section and may assign duties to those employees as necessary to | 4159 |
| achieve the most efficient performance of its functions, and to | 4160 |
| that end may establish, change, or abolish positions, and assign | 4161 |
| and reassign duties and responsibilities of any employee of the | 4162 |
| council. Personnel employed by the council who are subject to | 4163 |
| Chapter 4117. of the Revised Code shall retain all of their rights | 4164 |
| and benefits conferred pursuant to that chapter. Nothing in this | 4165 |
| chapter shall be construed as eliminating or interfering with | 4166 |
| Chapter 4117. of the Revised Code or the rights and benefits | 4167 |
| conferred under that chapter to public employees or to any | 4168 |
| bargaining unit. | 4169 |
| (2) Maintain its office in Columbus, and may hold sessions at | 4170 |
| any place within the state; | 4171 |
| (3) Acquire facilities, equipment, and supplies necessary to | 4172 |
| house the council, its employees, and files and records under its | 4173 |
| control, and to discharge any duty imposed upon it by law. The | 4174 |
| expense of these acquisitions shall be audited and paid for in the | 4175 |
| same manner as other state expenses. For that purpose, the council | 4176 |
| shall prepare and submit to the office of budget and management a | 4177 |
| budget for each biennium according to sections 101.532 and 107.03 | 4178 |
| of the Revised Code. The budget submitted shall cover the costs of | 4179 |
| the council and its staff in the discharge of any duty imposed | 4180 |
| upon the council by law. The council shall not delegate any | 4181 |
| authority to obligate funds. | 4182 |
| (4) Pay its own payroll and other operating expenses from | 4183 |
| line items designated by the general assembly; | 4184 |
| (5) Retain its fiduciary responsibility as appointing | 4185 |
| authority. Any transaction instructions shall be certified by the | 4186 |
| appointing authority or its designee. | 4187 |
| (6) Establish the overall policy and management of the | 4188 |
| council in accordance with this chapter; | 4189 |
| (7) Assist in coordinating and preparing the state | 4190 |
| application for funds under sections 101 to 184 of the "National | 4191 |
| and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 | 4192 |
| U.S.C.A. 12411 to 12544, as amended, assist in administering and | 4193 |
| overseeing the "National and Community Service Trust Act of 1993," | 4194 |
| P.L. 103-82, 107 Stat. 785, and the americorps program in this | 4195 |
| state, and assist in developing objectives for a comprehensive | 4196 |
| strategy to encourage and expand community service programs | 4197 |
| throughout the state; | 4198 |
| (8) Assist the state board of education, school districts, | 4199 |
| the chancellor of the board of regents, and institutions of higher | 4200 |
| education in coordinating community service education programs | 4201 |
| through cooperative efforts between institutions and organizations | 4202 |
| in the public and private sectors; | 4203 |
| (9) Assist the departments of natural resources, youth | 4204 |
| services, aging, and job and family services in coordinating | 4205 |
| community service programs through cooperative efforts between | 4206 |
| institutions and organizations in the public and private sectors; | 4207 |
| (10) Suggest individuals and organizations that are available | 4208 |
| to assist school districts, institutions of higher education, and | 4209 |
| the departments of natural resources, youth services, aging, and | 4210 |
| job and family services in the establishment of community service | 4211 |
| programs and assist in investigating sources of funding for | 4212 |
| implementing these programs; | 4213 |
| (11) Assist in evaluating the state's efforts in providing | 4214 |
| community service programs using standards and methods that are | 4215 |
| consistent with any statewide objectives for these programs and | 4216 |
| provide information to the state board of education, school | 4217 |
| districts, the chancellor of the board of regents, institutions of | 4218 |
| higher education, and the departments of natural resources, youth | 4219 |
| services, aging, and job and family services to guide them in | 4220 |
| making decisions about these programs; | 4221 |
| (12) Assist the state board of education in complying with | 4222 |
| section 3301.70 of the Revised Code and the chancellor of the | 4223 |
| board of regents in complying with division (B)(2) of section | 4224 |
| 3333.043 of the Revised Code; | 4225 |
| (13) Advise, assist, consult with, and cooperate with, by | 4226 |
| contract or otherwise, agencies and political subdivisions of this | 4227 |
| state in establishing a statewide system for volunteers pursuant | 4228 |
| to section 121.404 of the Revised Code. | 4229 |
| (D) | 4230 |
| the governor, the council shall in writing enter into an agreement | 4231 |
| with another state agency to serve as the council's fiscal agent. | 4232 |
| 4233 | |
| 4234 | |
| 4235 | |
| 4236 | |
| 4237 | |
| 4238 | |
| 4239 | |
| 4240 |
| | 4241 |
| 4242 | |
| fiscal agent shall be responsible for all the council's fiscal | 4243 |
| matters and financial transactions, as specified in the agreement. | 4244 |
| Services to be provided by the fiscal agent include, but are not | 4245 |
| limited to, the following: | 4246 |
| (1) Preparing and processing payroll and other personnel | 4247 |
|
documents that the
council executes as the appointing authority | 4248 |
| 4249 | |
| 4250 |
| (2) Maintaining ledgers of accounts and reports of account | 4251 |
| balances, and monitoring budgets and allotment plans in | 4252 |
|
consultation with the council | 4253 |
| 4254 | |
| 4255 |
| (3) Performing other routine support services that the | 4256 |
| 4257 | |
| 4258 | |
| achieve efficiency. | 4259 |
| (E)(1) The council | 4260 |
| consultation with the fiscal agent, has the following authority | 4261 |
| and responsibility relative to fiscal matters: | 4262 |
| (a) Sole authority to draw funds for any and all federal | 4263 |
| programs in which the council is authorized to participate; | 4264 |
| (b) Sole authority to expend funds from their accounts for | 4265 |
| programs and any other necessary expenses the council may incur | 4266 |
| and its subgrantees may incur; and | 4267 |
| (c) Responsibility to cooperate with and inform the | 4268 |
| 4269 | |
| 4270 |
| (2) The council shall follow all state procurement, fiscal, | 4271 |
| human resources, statutory, and administrative rule requirements. | 4272 |
| (3) The | 4273 |
| to be charged to the council, which shall be in proportion to the | 4274 |
| services performed for the council. | 4275 |
| (4) The council shall pay fees owed to the | 4276 |
| 4277 | |
| from any other fund from which the operating expenses of the | 4278 |
| council are paid. Any amounts set aside for a fiscal year for the | 4279 |
| payment of these fees shall be used only for the services | 4280 |
|
performed for the
council
by
the | 4281 |
| in that fiscal year. | 4282 |
| (F) The council may accept and administer grants from any | 4283 |
| source, public or private, to carry out any of the council's | 4284 |
| functions this section establishes. | 4285 |
| Sec. 121.401. (A) As used in this section and section | 4286 |
| 121.402 of the Revised Code, "organization or entity" and | 4287 |
| "unsupervised access to a child" have the same meanings as in | 4288 |
| section 109.574 of the Revised Code. | 4289 |
| (B) The | 4290 |
| a set of "recommended best practices" for organizations or | 4291 |
| entities to follow when one or more volunteers of the organization | 4292 |
| or entity have unsupervised access to one or more children or | 4293 |
| otherwise interact with one or more children. The "recommended | 4294 |
| best practices" shall focus on, but shall not be limited to, the | 4295 |
| issue of the safety of the children and, in addition, the | 4296 |
| screening and supervision of volunteers. The "recommended best | 4297 |
| practices" shall include as a recommended best practice that the | 4298 |
| organization or entity subject to a criminal records check | 4299 |
| performed by the bureau of criminal identification and | 4300 |
| investigation pursuant to section 109.57, section 109.572, or | 4301 |
| rules adopted under division (E) of section 109.57 of the Revised | 4302 |
| Code, all of the following: | 4303 |
| (1) All persons who apply to serve as a volunteer in a | 4304 |
| position in which the person will have unsupervised access to a | 4305 |
| child on a regular basis. | 4306 |
| (2) All volunteers who are in a position in which the person | 4307 |
| will have unsupervised access to a child on a regular basis and | 4308 |
| who the organization or entity has not previously subjected to a | 4309 |
| criminal records check performed by the bureau of criminal | 4310 |
| identification and investigation. | 4311 |
| (C) The set of "recommended best practices" required to be | 4312 |
| adopted by this section are in addition to the educational program | 4313 |
| required to be adopted under section 121.402 of the Revised Code. | 4314 |
| Sec. 121.402. (A) The | 4315 |
| council shall establish and maintain an educational program that | 4316 |
| does all of the following: | 4317 |
| (1) Makes available to parents and guardians of children | 4318 |
| notice about the provisions of sections 109.574 to 109.577, | 4319 |
| section 121.401, and section 121.402 of the Revised Code and | 4320 |
| information about how to keep children safe when they are under | 4321 |
| the care, custody, or control of a person other than the parent or | 4322 |
| guardian; | 4323 |
| (2) Makes available to organizations and entities information | 4324 |
| regarding the best methods of screening and supervising | 4325 |
| volunteers, how to obtain a criminal records check of a volunteer, | 4326 |
| confidentiality issues relating to reports of criminal records | 4327 |
| checks, and record keeping regarding the reports; | 4328 |
| (3) Makes available to volunteers information regarding the | 4329 |
| possibility of being subjected to a criminal records check and | 4330 |
| displaying appropriate behavior to minors; | 4331 |
| (4) Makes available to children advice on personal safety and | 4332 |
| information on what action to take if someone takes inappropriate | 4333 |
| action towards a child. | 4334 |
| (B) The program shall begin making the materials described in | 4335 |
|
this section available not later than | 4336 |
| 4337 |
| Sec. 122.042. The director of development may found an | 4338 |
| employment opportunity program that encourages employers to employ | 4339 |
| individuals who are members of significantly disadvantaged groups. | 4340 |
| If the director intends to found such an employment opportunity | 4341 |
| program, the director shall adopt, and thereafter may amend or | 4342 |
| rescind, rules under Chapter 119. of the Revised Code to found, | 4343 |
| and to operate, maintain, and improve, the program. In the rules, | 4344 |
| the director shall: | 4345 |
| (A) Construct, and, as changing circumstances indicate, | 4346 |
| re-construct, procedures according to which significantly | 4347 |
| disadvantaged groups are identified as such, an individual is | 4348 |
| identified as being a member of a significantly disadvantaged | 4349 |
| group, and an employer is identified as being a potential employer | 4350 |
| of an individual who is a member of a significantly disadvantaged | 4351 |
| group; | 4352 |
| (B) Describe, and, as experience indicates, re-describe, the | 4353 |
| kinds of evidence that shall be considered to identify | 4354 |
| significantly disadvantaged groups, the kinds of evidence an | 4355 |
| individual shall offer to prove that the individual is a member of | 4356 |
| a significantly disadvantaged group, and the kinds of evidence an | 4357 |
| employer shall offer to prove that the employer is a potential | 4358 |
| employer of an individual who is a member of a significantly | 4359 |
| disadvantaged group; | 4360 |
| (C) Specify, and, as experience indicates, re-specify, | 4361 |
| strategies and tactics for connecting individuals who are members | 4362 |
| of significantly disadvantaged groups with potential employers of | 4363 |
| members of significantly disadvantaged groups; | 4364 |
| (D) Define a mix of, and, as experience indicates, define a | 4365 |
| re-mix of, incentives, such as grants, loans, loan guarantees, and | 4366 |
| tax benefits, that will encourage potential employers of | 4367 |
| individuals who are members of significantly disadvantaged groups | 4368 |
| actually to employ those individuals, to train those individuals | 4369 |
| in the particular skills of the employment, and otherwise to | 4370 |
| develop and continue those individuals in the employment; | 4371 |
| (E) Prescribe, and, as experience indicates, re-prescribe, | 4372 |
| terms and conditions under which incentives are provided to and | 4373 |
| used by employers, including standards according to which | 4374 |
| incentives are provided or not provided to employers, results that | 4375 |
| reasonably can be expected from the provision of incentives, terms | 4376 |
| for and conditions on the use to which incentives may be put, | 4377 |
| methods according to which the use of incentives can be monitored | 4378 |
| and accounted for, any obligation to repay or otherwise reimburse | 4379 |
| an incentive, and liability under which employers are obligated to | 4380 |
| provide restitution to the director if incentives are misused | 4381 |
| according to the terms and conditions of their provision and use; | 4382 |
| and | 4383 |
| (F) Construct, describe, specify, define, and prescribe any | 4384 |
| other thing that is necessary and proper for the founding, and for | 4385 |
| the successful and efficient operation, maintenance, and | 4386 |
| improvement, of the employment opportunity program. | 4387 |
| In founding, and in operating, maintaining, and improving, | 4388 |
| the employment opportunity program under the rules, the director | 4389 |
| shall proceed so that the resulting program functions as a | 4390 |
| coherent, efficient system for improving employment opportunities | 4391 |
| for significantly disadvantaged groups. Examples of significantly | 4392 |
| disadvantaged groups include individuals who have not graduated | 4393 |
| from high school, individuals who have been convicted of a crime, | 4394 |
| individuals who are disabled, and individuals who are chronically | 4395 |
| unemployed (usually for more than eighteen months). | 4396 |
| The director may not provide an incentive in the form of a | 4397 |
| tax benefit unless the director first has consulted, and obtained | 4398 |
| the approval of, the tax commissioner. Examples of tax benefits | 4399 |
| include tax deductions, tax credits, and tax exemptions. | 4400 |
| The director has a cause of action for restitution to recover | 4401 |
| for the misuse of an incentive according to the terms and | 4402 |
| conditions under which the incentive was provided or to be used. | 4403 |
| Sec. 122.05. (A) The director of development may, to carry | 4404 |
| out the purposes of division (E) of section 122.04 of the Revised | 4405 |
| Code: | 4406 |
| (1) Establish offices in foreign countries as the director | 4407 |
| considers appropriate and enter into leases of real property, | 4408 |
| buildings, and office space that are appropriate for these | 4409 |
| offices; | 4410 |
| (2) Appoint personnel, who shall be in the unclassified civil | 4411 |
| services, necessary to operate such offices and fix their | 4412 |
| compensation. The director may enter into contracts with foreign | 4413 |
| nationals to staff the foreign offices established under this | 4414 |
| section. | 4415 |
| (3) The director may establish United States dollar and | 4416 |
| foreign currency accounts for the payment of expenses related to | 4417 |
| the operation and maintenance of the offices established under | 4418 |
| this section. The director shall establish procedures acceptable | 4419 |
| to the director of budget and management for the conversion, | 4420 |
| transfer, and control of United States dollars and foreign | 4421 |
| currency. | 4422 |
| (4) Provide export promotion assistance to Ohio businesses | 4423 |
| and organize or support missions to foreign countries to promote | 4424 |
| export of Ohio products and services and to encourage foreign | 4425 |
| direct investment in Ohio. The director may charge fees to | 4426 |
| businesses receiving export assistance and to participants in | 4427 |
| foreign missions sufficient to recover the direct costs of those | 4428 |
| activities. The director shall adopt, as an internal management | 4429 |
| rule under section 111.15 of the Revised Code, a procedure for | 4430 |
| setting the fees and a schedule of fees for services commonly | 4431 |
| provided by the department. The procedure shall require the | 4432 |
| director to annually review the established fees. | 4433 |
| (5) Do all things necessary and appropriate for the operation | 4434 |
| of the state's foreign offices. | 4435 |
| (B) All contracts entered into under division (A)(2) of this | 4436 |
| section and any payments of expenses under division (A)(3) of this | 4437 |
| section related to the operation and maintenance of foreign | 4438 |
| offices established under this section may be paid in the | 4439 |
| appropriate foreign currency and are exempt from sections 127.16 | 4440 |
| and 5147.07 and Chapters 124., 125., and 153. of the Revised Code. | 4441 |
| Sec. 122.051. There is hereby created in the state treasury | 4442 |
| the international trade cooperative projects fund. The fund shall | 4443 |
|
consist of | 4444 |
| (A) Moneys received from private and nonprofit organizations | 4445 |
| involved in cooperative agreements related to import/export and | 4446 |
|
direct foreign investment activities | 4447 |
| (B) Cash transfers from other state agencies or any state or | 4448 |
| local government to encourage, promote, and assist trade and | 4449 |
| commerce between this state and foreign nations, pursuant to | 4450 |
| section 122.05 and division (E) of section 122.04 of the Revised | 4451 |
| Code; and | 4452 |
| (C) Fees charged to businesses receiving export assistance | 4453 |
| and to participants in foreign missions to recover direct costs of | 4454 |
| those activities under division (A)(4) of section 122.05 of the | 4455 |
| Revised Code. | 4456 |
| Sec. 122.075. (A) As used in this section: | 4457 |
| (1) "Alternative fuel" means blended biodiesel | 4458 |
| gasoline, or compressed air used in air-compression driven | 4459 |
| engines. | 4460 |
| (2) "Biodiesel" means a mono-alkyl ester combustible liquid | 4461 |
| fuel that is derived from vegetable oils or animal fats, or any | 4462 |
| combination of those reagents, and that meets American society for | 4463 |
| testing and materials specification D6751-03a for biodiesel fuel | 4464 |
| (B100) blend stock distillate fuels. | 4465 |
| (3) "Diesel fuel" and "gasoline" have the same meanings as in | 4466 |
| section 5735.01 of the Revised Code. | 4467 |
| (4) "Ethanol" has the same meaning as in section 5733.46 of | 4468 |
| the Revised Code. | 4469 |
| (5) "Blended biodiesel" means diesel fuel containing at least | 4470 |
| twenty per cent biodiesel by volume. | 4471 |
| (6) "Blended gasoline" means gasoline containing at least | 4472 |
| eighty-five per cent ethanol by volume. | 4473 |
| (7) "Incremental cost" means either of the following: | 4474 |
| (a) The difference in cost between blended gasoline and | 4475 |
| gasoline containing ten per cent or less ethanol at the time that | 4476 |
| the blended gasoline is purchased; | 4477 |
| (b) The difference in cost between blended biodiesel and | 4478 |
| diesel fuel containing two per cent or less biodiesel at the time | 4479 |
| that the blended biodiesel is purchased. | 4480 |
| (B) For the purpose of improving the air quality in this | 4481 |
| state, the director of development shall establish an alternative | 4482 |
| fuel transportation grant program under which the director may | 4483 |
| make grants to businesses, nonprofit organizations, public school | 4484 |
| systems, or local governments for the purchase and installation of | 4485 |
| alternative fuel refueling or distribution facilities and | 4486 |
| terminals, for the purchase and use of alternative fuel, and to | 4487 |
| pay the costs of educational and promotional materials and | 4488 |
| activities intended for prospective alternative fuel consumers, | 4489 |
| fuel marketers, and others in order to increase the availability | 4490 |
| and use of alternative fuel. | 4491 |
| (C) The director, in consultation with the director of | 4492 |
| agriculture, shall adopt rules in accordance with Chapter 119. of | 4493 |
| the Revised Code that are necessary for the administration of the | 4494 |
| alternative fuel transportation grant program. The rules shall | 4495 |
| establish at least all of the following: | 4496 |
| (1) An application form and procedures governing the | 4497 |
| application process for a grant under the program; | 4498 |
| (2) A procedure for prioritizing the award of grants under | 4499 |
| the program. The procedures shall give preference to all of the | 4500 |
| following: | 4501 |
| (a) Publicly accessible refueling facilities; | 4502 |
| (b) Entities seeking grants that have secured funding from | 4503 |
| other sources, including, but not limited to, private or federal | 4504 |
| grants; | 4505 |
| (c) Entities that have presented compelling evidence of | 4506 |
| demand in the market in which the facilities or terminals will be | 4507 |
| located; | 4508 |
| (d) Entities that have committed to utilizing purchased or | 4509 |
| installed facilities or terminals for the greatest number of | 4510 |
| years; | 4511 |
| (e) Entities that will be purchasing or installing facilities | 4512 |
| or terminals for both blended biodiesel and blended gasoline. | 4513 |
| (3) A requirement that the maximum grant for the purchase and | 4514 |
| installation of an alternative fuel refueling or distribution | 4515 |
| facility or terminal be eighty per cent of the cost of the | 4516 |
| facility or terminal, except that at least twenty per cent of the | 4517 |
| total net cost of the facility or terminal shall be incurred by | 4518 |
| the grant recipient and not compensated for by any other source; | 4519 |
| (4) A requirement that the maximum grant for the purchase of | 4520 |
| alternative fuel be eighty per cent of the incremental cost of the | 4521 |
| fuel; | 4522 |
| (5) Any other criteria, procedures, or guidelines that the | 4523 |
| director determines are necessary to administer the program. | 4524 |
| (D) An applicant for a grant under this section that sells | 4525 |
| motor vehicle fuel at retail shall agree that if the applicant | 4526 |
| receives a grant, the applicant will report to the director the | 4527 |
| gallon amounts of blended gasoline and blended biodiesel the | 4528 |
| applicant sells at retail in this state for a period of three | 4529 |
| years after the grant is awarded. | 4530 |
| The director shall enter into a written confidentiality | 4531 |
| agreement with the applicant regarding the gallon amounts sold as | 4532 |
| described in this division, and upon execution of the agreement | 4533 |
| this information is not a public record. | 4534 |
| (E) There is hereby created in the state treasury the | 4535 |
| alternative fuel transportation grant fund. The fund shall consist | 4536 |
| of money transferred to the fund under division (C) of section | 4537 |
| 125.836 of the Revised Code, money that is appropriated to it by | 4538 |
| the general assembly, and money as may be specified by the general | 4539 |
| assembly from the advanced energy fund created by section 4928.61 | 4540 |
| of the Revised Code. Money in the fund shall be used to make | 4541 |
| grants under the alternative fuel transportation grant program and | 4542 |
| by the director in the administration of that program. | 4543 |
| Sec. 122.12. As used in this section and in section 122.121 | 4544 |
| of the Revised Code: | 4545 |
| (A) "Endorsing county" means a county that contains a site | 4546 |
| selected by a site selection organization for one or more games. | 4547 |
| (B) "Endorsing municipality" means a municipal corporation | 4548 |
| that contains a site selected by a site selection organization for | 4549 |
| one or more games. | 4550 |
| (C) "Game support contract" means a joinder undertaking, | 4551 |
| joinder agreement, or similar contract executed by an endorsing | 4552 |
| municipality or endorsing county and a site selection | 4553 |
| organization. | 4554 |
| (D) "Game" means a national football league "super bowl," a | 4555 |
| national collegiate athletic association "final four" basketball | 4556 |
| tournament game, the national basketball association all-star | 4557 |
| game, the national hockey league all-star game, the major league | 4558 |
| baseball all-star game, a national collegiate athletic | 4559 |
| association bowl championship series game, a world cup soccer | 4560 |
| game, or the olympic games. | 4561 |
| (E) "Joinder agreement" means an agreement entered into by an | 4562 |
| endorsing municipality or endorsing county, or more than one | 4563 |
| endorsing municipality or county acting collectively and a site | 4564 |
| selection organization setting out representations and assurances | 4565 |
| by each endorsing municipality or endorsing county in connection | 4566 |
| with the selection of a site in this state for the location of a | 4567 |
| game. | 4568 |
| (F) "Joinder undertaking" means an agreement entered into by | 4569 |
| an endorsing municipality or endorsing county, or more than one | 4570 |
| endorsing municipality or county acting collectively and a site | 4571 |
| selection organization that each endorsing municipality or | 4572 |
| endorsing county will execute a joinder agreement in the event | 4573 |
| that the site selection organization selects a site in this state | 4574 |
| for a game. | 4575 |
| (G) "Local organizing committee" means a nonprofit | 4576 |
| corporation or its successor in interest that: | 4577 |
| (1) Has been authorized by an endorsing municipality, | 4578 |
| endorsing county, or more than one endorsing municipality or | 4579 |
| county acting collectively to pursue an application and bid on the | 4580 |
| applicant's behalf to a site selection organization for selection | 4581 |
| as the site of one or more games; or | 4582 |
| (2) With the authorization of an endorsing municipality, | 4583 |
| endorsing county, or more than one endorsing municipality or | 4584 |
| county acting collectively, has executed an agreement with a site | 4585 |
| selection organization regarding a bid to host one or more games. | 4586 |
| (H) "Site selection organization" means the national football | 4587 |
| league, the national collegiate athletic association, the national | 4588 |
| basketball association, the national hockey league, major league | 4589 |
| baseball, the federation internationale de football association, | 4590 |
| the international world games association, the United States | 4591 |
| olympic committee, or the national governing body of a sport that | 4592 |
| is recognized as such by the United States olympic committee. | 4593 |
| Sec. 122.121. (A) If an endorsing municipality or endorsing | 4594 |
| county enters into a joinder undertaking with a site selection | 4595 |
| organization, the endorsing municipality or endorsing county may | 4596 |
| apply to the director of development, on a form and in the manner | 4597 |
| prescribed by the director, for a grant based on the projected | 4598 |
| incremental increase in the receipts from the tax imposed under | 4599 |
| section 5739.02 of the Revised Code within the market area | 4600 |
| designated under division (C) of this section, for the two-week | 4601 |
| period that ends at the end of the day after the date on which a | 4602 |
| game will be held, that is directly attributable, as determined by | 4603 |
| the director, to the preparation for and presentation of the | 4604 |
| game. The director shall determine the projected incremental | 4605 |
| increase in the tax imposed under section 5739.02 of the Revised | 4606 |
| Code from information certified to the director by the endorsing | 4607 |
| municipality or the endorsing county including, but not limited | 4608 |
| to, historical attendance and ticket sales for the game, income | 4609 |
| statements showing revenue and expenditures for the game in prior | 4610 |
| years, attendance capacity at the proposed venues, event budget at | 4611 |
| the proposed venues, and projected lodging room nights based on | 4612 |
| historical attendance, attendance capacity at the proposed venues, | 4613 |
| and duration of the game and related activities. The endorsing | 4614 |
| municipality or endorsing county is eligible to receive a grant | 4615 |
| under this section only if the projected incremental increase in | 4616 |
| receipts from the tax imposed under section 5739.02 of the Revised | 4617 |
| Code, as determined by the director, exceeds two hundred fifty | 4618 |
| thousand dollars. The amount of the grant shall be determined by | 4619 |
| the director but shall not exceed five hundred thousand dollars. | 4620 |
| The director shall not issue grants with a total value of more | 4621 |
| than one million dollars in any fiscal year. | 4622 |
| (B) If the director of development approves an application | 4623 |
| for an endorsing municipality or endorsing county and that | 4624 |
| endorsing municipality or endorsing county enters into a joinder | 4625 |
| agreement with a site selection organization, the endorsing | 4626 |
| municipality or endorsing county shall file a copy of the joinder | 4627 |
| agreement with the director of development, who immediately shall | 4628 |
| notify the director of budget and management of the filing. | 4629 |
| Within thirty days after receiving the notice, the director of | 4630 |
| budget and management shall establish a schedule to disburse from | 4631 |
| the general revenue fund to such endorsing municipality or | 4632 |
| endorsing county payments that total the amount certified by the | 4633 |
| director of development under division (A) of this section, but | 4634 |
| in no event shall the total amount disbursed exceed five hundred | 4635 |
| thousand dollars. The payments shall be used exclusively by the | 4636 |
| endorsing municipality or endorsing county to fulfill a portion | 4637 |
| of its obligations to a site selection organization under game | 4638 |
| support contracts, which obligations may include the payment of | 4639 |
| costs relating to the preparations necessary for the conduct of | 4640 |
| the game, including acquiring, renovating, or constructing | 4641 |
| facilities; to pay the costs of conducting the game; and to | 4642 |
| assist the local organizing committee, endorsing municipality, | 4643 |
| or endorsing county in providing assurances required by a site | 4644 |
| selection organization sponsoring one or more games. | 4645 |
| (C) For the purposes of division (A) of this section, the | 4646 |
| director of development, in consultation with the tax | 4647 |
| commissioner, shall designate as a market area for a game each | 4648 |
| area in which they determine there is a reasonable likelihood of | 4649 |
| measurable economic impact directly attributable to the | 4650 |
| preparation for and presentation of the game and related events, | 4651 |
| including areas likely to provide venues, accommodations, and | 4652 |
| services in connection with the game based on the information and | 4653 |
| the copy of the joinder undertaking provided to the director | 4654 |
| under divisions (A) and (B) of this section. The director and | 4655 |
| commissioner shall determine the geographic boundaries of each | 4656 |
| market area. An endorsing municipality or endorsing county that | 4657 |
| has been selected as the site for a game must be included in a | 4658 |
| market area for the game. | 4659 |
| (D) A local organizing committee, endorsing municipality, or | 4660 |
| endorsing county shall provide information required by the | 4661 |
| director of development and tax commissioner to enable the | 4662 |
| director and commissioner to fulfill their duties under this | 4663 |
| section, including annual audited statements of any financial | 4664 |
| records required by a site selection organization and data | 4665 |
| obtained by the local organizing committee, endorsing | 4666 |
| municipality, or endorsing county relating to attendance at a game | 4667 |
| and to the economic impact of the game. A local organizing | 4668 |
| committee, an endorsing municipality, or an endorsing county shall | 4669 |
| provide an annual audited financial statement if so required by | 4670 |
| the director and commissioner, not later than the end of the | 4671 |
| fourth month after the date the period covered by the financial | 4672 |
| statement ends. | 4673 |
| (E) Within sixty days after the game, the endorsing | 4674 |
| municipality or the endorsing county shall report to the director | 4675 |
| of development about the economic impact of the game. The report | 4676 |
| shall be in the form and substance required by the director, | 4677 |
| including, but not limited to, a final income statement for the | 4678 |
| event showing total revenue and expenditures and revenue and | 4679 |
| expenditures in the market area for the game, and ticket sales for | 4680 |
| the game and any related activities for which admission was | 4681 |
| charged. The director of development shall determine, based on the | 4682 |
| reported information and the exercise of reasonable judgment, the | 4683 |
| incremental increase in receipts from the tax imposed under | 4684 |
| section 5739.02 of the Revised Code directly attributable to the | 4685 |
| game. If the actual incremental increase in such receipts is less | 4686 |
| than the projected incremental increase in receipts, the director | 4687 |
| may require the endorsing municipality or the endorsing county to | 4688 |
| refund to the state all or a portion of the grant. | 4689 |
| (F) No disbursement may be made under this section if the | 4690 |
| director of development determines that it would be used for the | 4691 |
| purpose of soliciting the relocation of a professional sports | 4692 |
| franchise located in this state. | 4693 |
| (G) This section may not be construed as creating or | 4694 |
| requiring a state guarantee of obligations imposed on an endorsing | 4695 |
| municipality or endorsing county under a game support contract or | 4696 |
| any other agreement relating to hosting one or more games in this | 4697 |
| state. | 4698 |
| Sec. 122.151. (A) An investor who proposes to make an | 4699 |
| investment of money in an Ohio entity may apply to an Edison | 4700 |
| center for a tax credit under this section. The Edison center | 4701 |
| shall prescribe the form of the application and any information | 4702 |
| that the investor must submit with the application. The investor | 4703 |
| shall include with the application a fee of two hundred dollars. | 4704 |
| The center, within three weeks after receiving the application, | 4705 |
| shall review it, determine whether the investor should be | 4706 |
| recommended for the tax credit, and send written notice of its | 4707 |
| initial determination to the industrial technology and enterprise | 4708 |
| advisory council and to the investor. If the center determines the | 4709 |
| investor should not be recommended for the tax credit, it shall | 4710 |
| include in the notice the reasons for the determination. Subject | 4711 |
| to divisions (C) and (D) of this section, an investor is eligible | 4712 |
| for a tax credit if all of the following requirements are met: | 4713 |
| (1) The investor's investment of money is in an Ohio entity | 4714 |
| engaged in a qualified trade or business. | 4715 |
| (2) The Ohio entity had less than two million five hundred | 4716 |
| thousand dollars of gross revenue during its most recently | 4717 |
| completed fiscal year or had a net book value of less than two | 4718 |
| million five hundred thousand dollars at the end of that fiscal | 4719 |
| year. | 4720 |
| (3) The investment takes the form of the purchase of common | 4721 |
| or preferred stock, a membership interest, a partnership interest, | 4722 |
| or any other ownership interest. | 4723 |
| (4) The amount of the investment for which the credit is | 4724 |
| being claimed does not exceed three hundred thousand dollars in | 4725 |
| the case of an investment in an EDGE business enterprise or in an | 4726 |
| Ohio entity located in a distressed area, or two hundred fifty | 4727 |
| thousand dollars in the case of an investment in any other Ohio | 4728 |
| entity. | 4729 |
| (5) The money invested is entirely at risk of loss, where | 4730 |
| repayment depends upon the success of the business operations of | 4731 |
| the Ohio entity. | 4732 |
| (6) No repayment of principal invested will be made for at | 4733 |
| least three years from the date the investment is made. | 4734 |
| (7) The annual combined amount of any dividend and interest | 4735 |
| payments to be made to the investor will not exceed ten per cent | 4736 |
| of the amount of the investment for at least three years from the | 4737 |
| date the investment is made. | 4738 |
| (8) The investor is not an employee with proprietary | 4739 |
| decision-making authority of the Ohio entity in which the | 4740 |
| investment of money is proposed, or related to such an individual. | 4741 |
| The Ohio entity is not an individual related to the investor. For | 4742 |
| purposes of this division, the industrial technology and | 4743 |
| enterprise advisory council shall define "an employee with | 4744 |
| proprietary decision-making authority." | 4745 |
| (9) The investor is not an insider. | 4746 |
| For the purposes of determining the net book value of an Ohio | 4747 |
| entity under division (A)(1) or (2) of this section, if the entity | 4748 |
| is a member of an affiliated group, the combined net book values | 4749 |
| of all of the members of that affiliated group shall be used. | 4750 |
| Nothing in division (A)(6) or (7) of this section limits or | 4751 |
| disallows the distribution to an investor in a pass-through entity | 4752 |
| of a portion of the entity's profits equal to the investor's | 4753 |
| federal, state, and local income tax obligations attributable to | 4754 |
| the investor's allocable share of the entity's profits. Nothing in | 4755 |
| division (A)(6) or (7) of this section limits or disallows the | 4756 |
| sale by an investor of part or all of the investor's interests in | 4757 |
| an Ohio entity by way of a public offering of shares in the Ohio | 4758 |
| entity. | 4759 |
| (B) A group of two but not more than twenty investors, each | 4760 |
| of whom proposes to make an investment of money in the same Ohio | 4761 |
| entity, may submit an application for tax credits under division | 4762 |
| (A) of this section. The group shall include with the application | 4763 |
| a fee of eight hundred dollars. The application shall identify | 4764 |
| each investor in the group and the amount of money each investor | 4765 |
| proposes to invest in the Ohio entity, and shall name a contact | 4766 |
| person for the group. The Edison center, within three weeks after | 4767 |
| receiving the application, shall review it, determine whether each | 4768 |
| investor of the group should be recommended for a tax credit under | 4769 |
| the conditions set forth in division (A) of this section, and send | 4770 |
| written notice of its determination to the industrial technology | 4771 |
| and enterprise advisory council and to the contact person. The | 4772 |
| center shall not recommend that a group of investors receive a tax | 4773 |
| credit unless each investor is eligible under those conditions. | 4774 |
| The center may disqualify from a group any investor who is not | 4775 |
| eligible under the conditions and recommend that the remaining | 4776 |
| group of investors receive the tax credit. If the center | 4777 |
| determines the group should not be recommended for the tax credit, | 4778 |
| it shall include in the notice the reasons for the determination. | 4779 |
| (C) The industrial technology and enterprise advisory council | 4780 |
| shall establish from among its members a three-person committee. | 4781 |
| Within four weeks after the council receives a notice of | 4782 |
| recommendation from an Edison center, the committee shall review | 4783 |
| the recommendation and issue a final determination of whether the | 4784 |
| investor or group is eligible for a tax credit under the | 4785 |
| conditions set forth in division (A) of this section. The | 4786 |
| committee may require the investor or group to submit additional | 4787 |
| information to support the application. The vote of at least two | 4788 |
| members of the committee is necessary for the issuance of a final | 4789 |
| determination or any other action of the committee. Upon making | 4790 |
| the final determination, the committee shall send written notice | 4791 |
| of approval or disapproval of the tax credit to the investor or | 4792 |
| group contact person, the director of development, and the Edison | 4793 |
| center. If the committee disapproves the tax credit, it shall | 4794 |
| include in the notice the reasons for the disapproval. | 4795 |
| (D)(1) The industrial technology and enterprise advisory | 4796 |
| council committee shall not approve more than one million five | 4797 |
| hundred thousand dollars of investments in any one Ohio entity. | 4798 |
| However, if a proposed investment of money in an Ohio entity has | 4799 |
| been approved but the investor does not actually make the | 4800 |
| investment, the committee may reassign the amount of that | 4801 |
| investment to another investor, as long as the total amount | 4802 |
| invested in the entity under this section does not exceed one | 4803 |
| million five hundred thousand dollars. | 4804 |
| If the one-million-five-hundred-thousand-dollar limit for an | 4805 |
| Ohio entity has not yet been reached and an application proposes | 4806 |
| an investment of money that would exceed the limit for that | 4807 |
| entity, the committee shall send written notice to the investor, | 4808 |
| or for a group, the contact person, that the investment cannot be | 4809 |
| approved as requested. Upon receipt of the notice, the investor | 4810 |
| or group may amend the application to propose an investment of | 4811 |
| money that does not exceed the limit. | 4812 |
| (2) Not more than | 4813 |
| credits shall be issued under sections 122.15 to 122.154 of the | 4814 |
| Revised Code. | 4815 |
| (E) If an investor makes an approved investment of less than | 4816 |
| two hundred fifty thousand dollars in any Ohio entity other than | 4817 |
| an EDGE business enterprise or in an Ohio entity located in a | 4818 |
| distressed area, the investor may apply for approval of another | 4819 |
| investment of money in that entity, as long as the total amount | 4820 |
| invested in that entity by the investor under this section does | 4821 |
| not exceed two hundred fifty thousand dollars. If an investor | 4822 |
| makes an approved investment of less than three hundred thousand | 4823 |
| dollars in an EDGE business enterprise or in an Ohio entity | 4824 |
| located in a distressed area, the investor may apply for approval | 4825 |
| of another investment of money in that entity, as long as the | 4826 |
| total amount invested in that entity by the investor under this | 4827 |
| section does not exceed three hundred thousand dollars. An | 4828 |
| investor who receives approval of an investment of money as part | 4829 |
| of a group may subsequently apply on an individual basis for | 4830 |
| approval of an additional investment of money in the Ohio entity. | 4831 |
| (F) The industrial technology and enterprise advisory council | 4832 |
| committee shall approve or disapprove tax credit applications | 4833 |
| under this section in the order in which they are received by the | 4834 |
| council. | 4835 |
| (G) The director of development may disapprove any | 4836 |
| application recommended by an Edison center and approved by the | 4837 |
| industrial technology and enterprise advisory council committee, | 4838 |
| or may disapprove a credit for which a tax credit certificate has | 4839 |
| been issued under section 122.152 of the Revised Code, if the | 4840 |
| director determines that the entity in which the applicant | 4841 |
| proposes to invest or has invested is not an Ohio entity eligible | 4842 |
| to receive investments that qualify for the credit. If the | 4843 |
| director disapproves an application, the director shall certify | 4844 |
| the action to the investor, the Edison center that recommended the | 4845 |
| application, the industrial technology and enterprise advisory | 4846 |
| council, and the tax commissioner, together with a written | 4847 |
| explanation of the reasons for the disapproval. If the director | 4848 |
| disapproves a tax credit after a tax credit certificate is issued, | 4849 |
| the investor shall not claim the credit for the taxable year that | 4850 |
| includes the day the director disapproves the credit, or for any | 4851 |
| subsequent taxable year. | 4852 |
| The director of development, in accordance with section | 4853 |
| 111.15 of the Revised Code and with the advice of the industrial | 4854 |
| technology and enterprise advisory council, may adopt, amend, and | 4855 |
| rescind rules necessary to implement sections 122.15 to 122.154 of | 4856 |
| the Revised Code. | 4857 |
| (H) An Edison center shall use application fees received | 4858 |
| under this section only for the costs of administering sections | 4859 |
| 122.15 to 122.154 of the Revised Code. | 4860 |
| Sec. 122.17. (A) As used in this section: | 4861 |
| (1) | 4862 |
| 4863 | |
| 4864 | |
| 4865 | |
| 4866 | |
| 4867 | |
| 4868 | |
| 4869 | |
| 4870 |
| | 4871 |
| | 4872 |
| 4873 | |
| 4874 | |
| 4875 |
| | 4876 |
| 4877 | |
| 4878 | |
| 4879 | |
| 4880 | |
| 4881 | |
| 4882 | |
| 4883 | |
| 4884 | |
| 4885 | |
| 4886 | |
| 4887 |
| | 4888 |
| 4889 |
| | 4890 |
| 4891 | |
| 4892 | |
| 4893 | |
| 4894 | |
| 4895 |
| | 4896 |
| 4897 |
| | 4898 |
| 4899 | |
| 4900 | |
| 4901 | |
| 4902 | |
| 4903 | |
| 4904 | |
| 4905 | |
| 4906 | |
| 4907 | |
| 4908 | |
| 4909 | |
| 4910 | |
| 4911 | |
| 4912 | |
| 4913 | |
| 4914 | |
| 4915 | |
| 4916 | |
| 4917 | |
| 4918 | |
| 4919 | |
| 4920 | |
| 4921 | |
| 4922 | |
| 4923 | |
| 4924 | |
| 4925 | |
| 4926 | |
| 4927 | |
| 4928 | |
| 4929 | |
| 4930 | |
| 4931 | |
| 4932 |
| | 4933 |
| withheld under section 5747.06 of the Revised Code by the | 4934 |
| taxpayer during the taxable year, or during the calendar year | 4935 |
|
that includes the
tax period, from the compensation of | 4936 |
| 4937 | |
| 4938 |
| | 4939 |
| 4940 | |
| 4941 | |
| to the extent the employee's withholdings are not used to | 4942 |
| determine the credit under section 122.171 of the Revised Code. | 4943 |
| "Income tax revenue" excludes amounts withheld before the day the | 4944 |
| taxpayer becomes eligible for the credit. | 4945 |
| (2) "Baseline income tax revenue" means income tax revenue | 4946 |
| except that the applicable withholding period is the twelve months | 4947 |
| immediately preceding the date the tax credit authority approves | 4948 |
| the taxpayer's application multiplied by the sum of one plus an | 4949 |
| annual pay increase factor to be determined by the tax credit | 4950 |
| authority. If the taxpayer becomes eligible for the credit after | 4951 |
| the first day of the taxpayer's taxable year or after the first | 4952 |
| day of the calendar year that includes the tax period, the | 4953 |
| taxpayer's baseline income tax revenue for the first such | 4954 |
| taxable or calendar year of credit eligibility shall be reduced in | 4955 |
| proportion to the number of days during the taxable or calendar | 4956 |
| year for which the taxpayer was not eligible for the credit. For | 4957 |
| subsequent taxable or calendar years, "baseline income tax | 4958 |
| revenue" equals the unreduced baseline income tax revenue for the | 4959 |
| preceding taxable or calendar year multiplied by the sum of one | 4960 |
| plus the pay increase factor. | 4961 |
| (3) "Excess income tax revenue" means income tax revenue | 4962 |
| minus baseline income tax revenue. | 4963 |
| (B) The tax credit authority may make grants under this | 4964 |
| section to foster job creation in this state. Such a grant shall | 4965 |
| take the form of a refundable credit allowed against the tax | 4966 |
| imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 4967 |
| under Chapter 5751. of the Revised Code. The credit shall be | 4968 |
| claimed for the taxable years or tax periods specified in the | 4969 |
| taxpayer's agreement with the tax credit authority under division | 4970 |
| (D) of this section. With respect to taxes imposed under section | 4971 |
| 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the | 4972 |
| credit shall be claimed in the order required under section | 4973 |
| 5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of | 4974 |
| the credit available for a taxable year or for a calendar year | 4975 |
|
that includes a tax period equals the | 4976 |
| revenue for that year multiplied by the percentage specified in | 4977 |
| the agreement with the tax credit authority. Any credit granted | 4978 |
| under this section against the tax imposed by section 5733.06 or | 4979 |
| 5747.02 of the Revised Code, to the extent not fully utilized | 4980 |
| against such tax for taxable years ending prior to 2008, shall | 4981 |
| automatically be converted without any action taken by the tax | 4982 |
| credit authority to a credit against the tax levied under Chapter | 4983 |
| 5751. of the Revised Code for tax periods beginning on or after | 4984 |
| July 1, 2008, provided that the person to whom the credit was | 4985 |
| granted is subject to such tax. The converted credit shall apply | 4986 |
| to those calendar years in which the remaining taxable years | 4987 |
| specified in the agreement end. | 4988 |
| (C) A taxpayer or potential taxpayer who proposes a project | 4989 |
| to create new jobs in this state may apply to the tax credit | 4990 |
| authority to enter into an agreement for a tax credit under this | 4991 |
| section. The director of development shall prescribe the form of | 4992 |
| the application. After receipt of an application, the authority | 4993 |
| may enter into an agreement with the taxpayer for a credit under | 4994 |
| this section if it determines all of the following: | 4995 |
| (1) The taxpayer's project will | 4996 |
| increase payroll and income tax revenue; | 4997 |
| (2) The taxpayer's project is economically sound and will | 4998 |
| benefit the people of this state by increasing opportunities for | 4999 |
| employment and strengthening the economy of this state; | 5000 |
| (3) Receiving the tax credit is a major factor in the | 5001 |
| taxpayer's decision to go forward with the project. | 5002 |
| (D) An agreement under this section shall include all of the | 5003 |
| following: | 5004 |
| (1) A detailed description of the project that is the subject | 5005 |
| of the agreement; | 5006 |
| (2) The term of the tax credit, which shall not exceed | 5007 |
| fifteen years, and the first taxable year, or first calendar year | 5008 |
| that includes a tax period, for which the credit may be claimed; | 5009 |
| (3) A requirement that the taxpayer shall maintain operations | 5010 |
|
at the project location for at least | 5011 |
| 5012 | |
| of the credit plus three years; | 5013 |
| (4) The percentage, as determined by the tax credit | 5014 |
|
authority, of | 5015 |
| as the amount of the credit for each taxable year or for each | 5016 |
| calendar year that includes a tax period; | 5017 |
| (5) | 5018 |
| 5019 | |
| 5020 | |
| taxpayer's baseline income tax revenue; | 5021 |
| (6) A requirement that the taxpayer annually shall report to | 5022 |
|
the director of development | 5023 |
| 5024 | |
| 5025 | |
| information the director needs to perform the director's duties | 5026 |
| under this section; | 5027 |
| (7) A requirement that the director of development annually | 5028 |
| 5029 | |
|
division (D)(6)
of this
section | 5030 |
| 5031 | |
| 5032 | |
| is in compliance, a requirement that the director issue a | 5033 |
| certificate to the taxpayer stating that the information has been | 5034 |
| verified and identifying the amount of the credit that may be | 5035 |
| claimed for the taxable or calendar year; | 5036 |
| (8) | 5037 |
| 5038 | |
| 5039 | |
| 5040 | |
| 5041 | |
| 5042 | |
| 5043 |
| | 5044 |
| 5045 | |
| 5046 | |
| 5047 |
| | 5048 |
| 5049 | |
| 5050 | |
| 5051 |
| | 5052 |
| relocate a substantial number of employment positions from | 5053 |
| elsewhere in this state to the project location unless the | 5054 |
| director of development determines that the legislative authority | 5055 |
| of the county, township, or municipal corporation from which the | 5056 |
| employment positions would be relocated has been notified by the | 5057 |
| taxpayer of the relocation. | 5058 |
| For purposes of this section, the movement of an employment | 5059 |
| position from one political subdivision to another political | 5060 |
| subdivision shall be considered a relocation of an employment | 5061 |
|
position | 5062 |
| 5063 | |
| 5064 | |
| 5065 | |
| 5066 | |
| first political subdivision is replaced. | 5067 |
| (E) If a taxpayer fails to meet or comply with any condition | 5068 |
| or requirement set forth in a tax credit agreement, the tax credit | 5069 |
| authority may amend the agreement to reduce the percentage or term | 5070 |
|
of the tax credit. The reduction of the
percentage or term | 5071 |
| 5072 | |
| 5073 | |
| 5074 | |
| 5075 | |
| 5076 | |
| 5077 | |
| 5078 | |
| 5079 | |
| 5080 | |
| 5081 | |
| 5082 | |
| 5083 | |
| 5084 | |
| 5085 | |
| 5086 | |
| 5087 | |
| 5088 | |
| 5089 | |
| 5090 | |
| 5091 | |
| 5092 | |
| in the current taxable or calendar year. | 5093 |
| (F) Projects that consist solely of point-of-final-purchase | 5094 |
| retail facilities are not eligible for a tax credit under this | 5095 |
| section. If a project consists of both point-of-final-purchase | 5096 |
| retail facilities and nonretail facilities, only the portion of | 5097 |
| the project consisting of the nonretail facilities is eligible for | 5098 |
|
a tax credit and only the
| 5099 |
| 5100 | |
| computing the amount of the tax credit. If a warehouse facility is | 5101 |
| part of a point-of-final-purchase retail facility and supplies | 5102 |
| only that facility, the warehouse facility is not eligible for a | 5103 |
| tax credit. Catalog distribution centers are not considered | 5104 |
| point-of-final-purchase retail facilities for the purposes of this | 5105 |
| division, and are eligible for tax credits under this section. | 5106 |
| (G) Financial statements and other information submitted to | 5107 |
| the department of development or the tax credit authority by an | 5108 |
| applicant or recipient of a tax credit under this section, and any | 5109 |
| information taken for any purpose from such statements or | 5110 |
| information, are not public records subject to section 149.43 of | 5111 |
| the Revised Code. However, the chairperson of the authority may | 5112 |
| make use of the statements and other information for purposes of | 5113 |
| issuing public reports or in connection with court proceedings | 5114 |
| concerning tax credit agreements under this section. Upon the | 5115 |
| request of the tax commissioner or, if the applicant or recipient | 5116 |
| is an insurance company, upon the request of the superintendent of | 5117 |
| insurance, the chairperson of the authority shall provide to the | 5118 |
| commissioner or superintendent any statement or information | 5119 |
| submitted by an applicant or recipient of a tax credit in | 5120 |
| connection with the credit. The commissioner or superintendent | 5121 |
| shall preserve the confidentiality of the statement or | 5122 |
| information. | 5123 |
| (H) A taxpayer claiming a credit under this section shall | 5124 |
| submit to the tax commissioner or, if the taxpayer is an insurance | 5125 |
| company, to the superintendent of insurance, a copy of the | 5126 |
| director of development's certificate of verification under | 5127 |
| division (D)(7) of this section with the taxpayer's tax report or | 5128 |
| return for the taxable year or for the calendar year that includes | 5129 |
| the tax period. Failure to submit a copy of the certificate with | 5130 |
| the report or return does not invalidate a claim for a credit if | 5131 |
| the taxpayer submits a copy of the certificate to the commissioner | 5132 |
| or superintendent within sixty days after the commissioner or | 5133 |
| superintendent requests it. | 5134 |
| (I) The director of development, after consultation with the | 5135 |
| tax commissioner and the superintendent of insurance and in | 5136 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 5137 |
| rules necessary to implement this section. The rules may provide | 5138 |
| for recipients of tax credits under this section to be charged | 5139 |
| fees to cover administrative costs of the tax credit program. The | 5140 |
| fees collected shall be credited to the tax incentive programs | 5141 |
| operating fund created in section 122.174 of the Revised Code. At | 5142 |
| the time the director gives public notice under division (A) of | 5143 |
| section 119.03 of the Revised Code of the adoption of the rules, | 5144 |
| the director shall submit copies of the proposed rules to the | 5145 |
| chairpersons of the standing committees on economic development in | 5146 |
| the senate and the house of representatives. | 5147 |
| (J) For the purposes of this section, a taxpayer may include | 5148 |
| a partnership, a corporation that has made an election under | 5149 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 5150 |
| Code, or any other business entity through which income flows as a | 5151 |
| distributive share to its owners. A partnership, S-corporation, or | 5152 |
| other such business entity may elect to pass the credit received | 5153 |
| under this section through to the persons to whom the income or | 5154 |
| profit of the partnership, S-corporation, or other entity is | 5155 |
| distributed. The election shall be made on the annual report | 5156 |
| required under division (D)(6) of this section. The election | 5157 |
| applies to and is irrevocable for the credit for which the report | 5158 |
| is submitted. If the election is made, the credit shall be | 5159 |
| apportioned among those persons in the same proportions as those | 5160 |
| in which the income or profit is distributed. | 5161 |
| (K) If the director of development determines that a taxpayer | 5162 |
| who has received a credit under this section is not complying with | 5163 |
| the requirement under division (D)(3) of this section, the | 5164 |
| director shall notify the tax credit authority of the | 5165 |
| noncompliance. After receiving such a notice, and after giving the | 5166 |
| taxpayer an opportunity to explain the noncompliance, the tax | 5167 |
| credit authority may require the taxpayer to refund to this state | 5168 |
| a portion of the credit in accordance with the following: | 5169 |
| (1) If the taxpayer maintained operations at the project | 5170 |
|
location for | 5171 |
| 5172 | |
| 5173 | |
| 5174 |
| | 5175 |
| 5176 | |
| 5177 | |
| 5178 |
| | 5179 |
| 5180 | |
| 5181 | |
| 5182 | |
| than or equal to the term of the credit, an amount not exceeding | 5183 |
| one hundred per cent of the sum of any credits allowed and | 5184 |
| received under this section; | 5185 |
| (2) If the taxpayer maintained operations at the project | 5186 |
| location for a period longer than the term of the credit, but less | 5187 |
| than the greater of seven years or the term of the credit plus | 5188 |
| three years, an amount not exceeding seventy-five per cent of the | 5189 |
| sum of any credits allowed and received under this section. | 5190 |
| In determining the portion of the tax credit to be refunded | 5191 |
| to this state, the tax credit authority shall consider the effect | 5192 |
| of market conditions on the taxpayer's project and whether the | 5193 |
| taxpayer continues to maintain other operations in this state. | 5194 |
| After making the determination, the authority shall certify the | 5195 |
| amount to be refunded to the tax commissioner or superintendent of | 5196 |
| insurance, as appropriate. If the amount is certified to the | 5197 |
| commissioner, the commissioner shall make an assessment for that | 5198 |
| amount against the taxpayer under Chapter 5733., 5747., or 5751. | 5199 |
| of the Revised Code. If the amount is certified to the | 5200 |
| superintendent, the superintendent shall make an assessment for | 5201 |
| that amount against the taxpayer under Chapter 5725. or 5729. of | 5202 |
| the Revised Code. The time limitations on assessments under those | 5203 |
| chapters do not apply to an assessment under this division, but | 5204 |
| the commissioner or superintendent, as appropriate, shall make the | 5205 |
| assessment within one year after the date the authority certifies | 5206 |
| to the commissioner or superintendent the amount to be refunded. | 5207 |
| (L) On or before the | 5208 |
| each year, the director of development shall submit a report to | 5209 |
| the governor, the president of the senate, and the speaker of the | 5210 |
| house of representatives on the tax credit program under this | 5211 |
| section. The report shall include information on the number of | 5212 |
| agreements that were entered into under this section during the | 5213 |
| preceding calendar year, a description of the project that is the | 5214 |
| subject of each such agreement, and an update on the status of | 5215 |
| projects under agreements entered into before the preceding | 5216 |
| calendar year. | 5217 |
| (M) There is hereby created the tax credit authority, which | 5218 |
| consists of the director of development and four other members | 5219 |
| appointed as follows: the governor, the president of the senate, | 5220 |
| and the speaker of the house of representatives each shall appoint | 5221 |
| one member who shall be a specialist in economic development; the | 5222 |
| governor also shall appoint a member who is a specialist in | 5223 |
| taxation. Of the initial appointees, the members appointed by the | 5224 |
| governor shall serve a term of two years; the members appointed by | 5225 |
| the president of the senate and the speaker of the house of | 5226 |
| representatives shall serve a term of four years. Thereafter, | 5227 |
| terms of office shall be for four years. Initial appointments to | 5228 |
| the authority shall be made within thirty days after January 13, | 5229 |
| 1993. Each member shall serve on the authority until the end of | 5230 |
| the term for which the member was appointed. Vacancies shall be | 5231 |
| filled in the same manner provided for original appointments. Any | 5232 |
| member appointed to fill a vacancy occurring prior to the | 5233 |
| expiration of the term for which the member's predecessor was | 5234 |
| appointed shall hold office for the remainder of that term. | 5235 |
| Members may be reappointed to the authority. Members of the | 5236 |
| authority shall receive their necessary and actual expenses while | 5237 |
| engaged in the business of the authority. The director of | 5238 |
| development shall serve as chairperson of the authority, and the | 5239 |
| members annually shall elect a vice-chairperson from among | 5240 |
| themselves. Three members of the authority constitute a quorum to | 5241 |
| transact and vote on the business of the authority. The majority | 5242 |
| vote of the membership of the authority is necessary to approve | 5243 |
| any such business, including the election of the vice-chairperson. | 5244 |
| The director of development may appoint a professional | 5245 |
| employee of the department of development to serve as the | 5246 |
| director's substitute at a meeting of the authority. The director | 5247 |
| shall make the appointment in writing. In the absence of the | 5248 |
| director from a meeting of the authority, the appointed substitute | 5249 |
| shall serve as chairperson. In the absence of both the director | 5250 |
| and the director's substitute from a meeting, the vice-chairperson | 5251 |
| shall serve as chairperson. | 5252 |
| (N) For purposes of the credits granted by this section | 5253 |
| against the taxes imposed under sections 5725.18 and 5729.03 of | 5254 |
| the Revised Code, "taxable year" means the period covered by the | 5255 |
| taxpayer's annual statement to the superintendent of insurance. | 5256 |
| Sec. 122.171. (A) As used in this section: | 5257 |
| (1) "Capital investment project" means a plan of investment | 5258 |
| at a project site for the acquisition, construction, renovation, | 5259 |
| or repair of buildings, machinery, or equipment, or for | 5260 |
| capitalized costs of basic research and new product development | 5261 |
| determined in accordance with generally accepted accounting | 5262 |
| principles, but does not include any of the following: | 5263 |
| (a) Payments made for the acquisition of personal property | 5264 |
| through operating leases; | 5265 |
| (b) Project costs paid before January 1, 2002; | 5266 |
| (c) Payments made to a related member as defined in section | 5267 |
|
5733.042 of the Revised Code or to | 5268 |
| elected taxpayer or a combined taxpayer as defined in section | 5269 |
| 5751.01 of the Revised Code. | 5270 |
| (2) "Eligible business" means a | 5271 |
| related members with Ohio operations satisfying all of the | 5272 |
| following: | 5273 |
| (a) | 5274 |
| 5275 | |
| 5276 | |
| 5277 |
| | 5278 |
| 5279 | |
| 5280 | |
| 5281 | |
| 5282 |
| | 5283 |
| hundred full-time equivalent employees at the time the tax credit | 5284 |
| authority grants the tax credit under this section; | 5285 |
| (b) The taxpayer makes or causes to be made payments for the | 5286 |
| capital investment project of either of the following: | 5287 |
| (i) If the taxpayer is engaged at the project site primarily | 5288 |
| as a manufacturer, at least fifty million dollars in the aggregate | 5289 |
| at the project site during a period of three consecutive calendar | 5290 |
| years, including the calendar year that includes a day of the | 5291 |
| taxpayer's taxable year or tax period with respect to which the | 5292 |
| credit is granted; | 5293 |
| (ii) If the | 5294 |
| 5295 | |
| 5296 | |
| engaged at the project site primarily in significant corporate | 5297 |
| administrative functions, as defined by the director of | 5298 |
| development by rule, at least twenty million dollars in the | 5299 |
| aggregate at the project site during a period of three | 5300 |
| consecutive calendar years including the calendar year that | 5301 |
| includes a day of the taxpayer's taxable year or tax period with | 5302 |
| respect to which the credit is granted. | 5303 |
| (c)
| 5304 |
| 5305 | |
| 5306 | |
| 5307 | |
| 5308 | |
| 5309 | |
| 5310 | |
| 5311 |
| | 5312 |
| reviewed and approved by the tax credit authority as provided in | 5313 |
| divisions (C), (D), and (E) of this section. | 5314 |
| (3) "Full-time | 5315 |
| 5316 | |
| 5317 | |
| 5318 | |
| 5319 | |
| 5320 | |
| 5321 | |
| 5322 | |
| 5323 | |
| employees" means the quotient obtained by dividing the total | 5324 |
| number of hours for which employees were compensated for | 5325 |
| employment in the project by two thousand eighty. "Full-time | 5326 |
| equivalent employees" shall exclude hours that are counted for a | 5327 |
| credit under section 122.17 of the Revised Code. | 5328 |
| (4) "Income tax revenue" means the total amount withheld | 5329 |
| under section 5747.06 of the Revised Code by the taxpayer during | 5330 |
| the taxable year, or during the calendar year that includes the | 5331 |
| tax period, from the compensation of all employees employed in the | 5332 |
| project whose hours of compensation are included in calculating | 5333 |
| the number of full-time equivalent employees. | 5334 |
| | 5335 |
| 5739.011 of the Revised Code. | 5336 |
| | 5337 |
| facilities in this state, as specified by the tax credit authority | 5338 |
| under this section, within a fifteen-mile radius where a taxpayer | 5339 |
| is primarily operating as an eligible business. | 5340 |
| | 5341 |
| 5342 |
| | 5343 |
| 5344 | |
| 5345 | |
| 5346 | |
| 5347 |
| | 5348 |
| 5349 | |
| 5350 | |
| 5351 | |
| 5352 |
| | 5353 |
| 5354 | |
| 5355 | |
| 5356 | |
| 5357 | |
| 5358 | |
| 5359 | |
| 5360 |
| | 5361 |
| 5362 |
| (7) "Related member" has the same meaning as in section | 5363 |
| 5733.042 of the Revised Code as that section existed on the | 5364 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 5365 |
| general assembly, September 29, 1997. | 5366 |
| (8) | 5367 |
| 5368 | |
| 5369 | |
| 5370 |
| | 5371 |
| 5372 | |
| 5373 | |
| 5374 |
| | 5375 |
| 5376 | |
| 5377 | |
| 5378 | |
| 5379 | |
| 5380 | |
| 5381 |
| | 5382 |
| 5383 | |
| 5384 | |
| 5385 | |
| 5386 | |
| 5387 | |
| 5388 |
| | 5389 |
| 5390 | |
| includes, in the case of a domestic or foreign insurance company, | 5391 |
| the calendar year ending on the thirty-first day of December | 5392 |
| preceding the day the superintendent of insurance is required to | 5393 |
| certify to the treasurer of state under section 5725.20 or 5729.05 | 5394 |
| of the Revised Code the amount of taxes due from insurance | 5395 |
| companies. | 5396 |
| (B) The tax credit authority created under section 122.17 of | 5397 |
| the Revised Code may grant tax credits under this section for the | 5398 |
| purpose of fostering job retention in this state. Upon application | 5399 |
| by an eligible business and upon consideration of the | 5400 |
| recommendation of the director of budget and management, tax | 5401 |
| commissioner, the superintendent of insurance in the case of an | 5402 |
| insurance company, and director of development under division (C) | 5403 |
| of this section, the tax credit authority may grant to an eligible | 5404 |
| business a nonrefundable credit against the tax imposed by section | 5405 |
| 5725.18, 5729.03, 5733.06, or 5747.02 of the Revised Code for a | 5406 |
| period up to fifteen taxable years and against the tax levied by | 5407 |
| Chapter 5751. of the Revised Code for a period of up to fifteen | 5408 |
|
calendar years
| 5409 |
| 5410 | |
| 5411 | |
| 5412 | |
| 5413 | |
| 5414 | |
| 5415 | |
| 5416 | |
| 5417 | |
| 5418 | |
| 5419 | |
| 5420 | |
| 5421 | |
| The credit amount for a taxable year or a calendar year that | 5422 |
| includes the tax period for which a credit may be claimed equals | 5423 |
| the income tax revenue for that year multiplied by the percentage | 5424 |
| specified in the agreement with the tax credit authority. The | 5425 |
| percentage may not exceed seventy-five per cent. The credit shall | 5426 |
| be claimed in the order required under section 5725.98, 5729.98, | 5427 |
| 5733.98, or 5747.98 of the Revised Code. In determining the | 5428 |
| percentage and term of the credit, the tax credit authority shall | 5429 |
| consider both the number of full-time equivalent employees and the | 5430 |
| value of the capital investment project. The credit amount may not | 5431 |
| be based on the income tax revenue for a calendar year before the | 5432 |
| calendar year in which the tax credit authority specifies the tax | 5433 |
| credit is to begin, and the credit shall be claimed only for the | 5434 |
| taxable years or tax periods specified in the eligible business' | 5435 |
|
agreement with the tax credit authority
| 5436 |
| 5437 | |
| taxable year or tax period terminating before the date specified | 5438 |
| in the agreement. Any credit granted under this section against | 5439 |
| the tax imposed by section 5733.06 or 5747.02 of the Revised | 5440 |
| Code, to the extent not fully utilized against such tax for | 5441 |
| taxable years ending prior to 2008, shall automatically be | 5442 |
| converted without any action taken by the tax credit authority to | 5443 |
| a credit against the tax levied under Chapter 5751. of the | 5444 |
| Revised Code for tax periods beginning on or after July 1, 2008, | 5445 |
| provided that the person to whom the credit was granted is | 5446 |
| subject to such tax. The converted credit shall apply to those | 5447 |
| calendar years in which the remaining taxable years specified in | 5448 |
| the agreement end. | 5449 |
| | 5450 |
| 5451 | |
| 5452 |
| Any unused portion of a tax credit may be carried forward for | 5453 |
| not more than three additional years after the year for which the | 5454 |
| credit is granted. | 5455 |
| (C) A taxpayer that proposes a capital investment project to | 5456 |
| retain jobs in this state may apply to the tax credit authority to | 5457 |
| enter into an agreement for a tax credit under this section. The | 5458 |
| director of development shall prescribe the form of the | 5459 |
| application. After receipt of an application, the authority shall | 5460 |
| forward copies of the application to the director of budget and | 5461 |
| management, the tax commissioner, the superintendent of insurance | 5462 |
| in the case of an insurance company, and the director of | 5463 |
| development, each of whom shall review the application to | 5464 |
| determine the economic impact the proposed project would have on | 5465 |
| the state and the affected political subdivisions and shall submit | 5466 |
| a summary of their determinations and recommendations to the | 5467 |
| authority. | 5468 |
| (D) Upon review of the determinations and recommendations | 5469 |
| described in division (C) of this section, the tax credit | 5470 |
| authority may enter into an agreement with the taxpayer for a | 5471 |
| credit under this section if the authority determines all of the | 5472 |
| following: | 5473 |
| (1) The taxpayer's capital investment project will result in | 5474 |
|
the retention of | 5475 |
| (2) The taxpayer is economically sound and has the ability to | 5476 |
| complete the proposed capital investment project. | 5477 |
| (3) The taxpayer intends to and has the ability to maintain | 5478 |
| operations at the project site for at least the greater of (a) | 5479 |
| the term of the credit plus three years, or (b) seven years. | 5480 |
| (4) Receiving the credit is a major factor in the taxpayer's | 5481 |
| decision to begin, continue with, or complete the project. | 5482 |
| | 5483 |
| 5484 | |
| 5485 |
| (E) An agreement under this section shall include all of the | 5486 |
| following: | 5487 |
| (1) A detailed description of the project that is the subject | 5488 |
| of the agreement, including the amount of the investment, the | 5489 |
|
period over which the investment has been or is being made,
| 5490 |
|
the number of full-time | 5491 |
|
at the project
site | 5492 |
| | 5493 |
| 5494 | |
| 5495 |
| | 5496 |
| 5497 |
| | 5498 |
| (2) The term of the credit, the percentage of the tax credit, | 5499 |
| the maximum annual value of tax credits that may be allowed each | 5500 |
| year, and the first year for which the credit may be claimed. | 5501 |
| (3) A requirement that the taxpayer maintain operations at | 5502 |
| the project site for at least the greater of (a) the term of the | 5503 |
| credit plus three years, or (b) seven years. | 5504 |
| | 5505 |
|
number
of | 5506 |
| employees at the project site and within this state for the term | 5507 |
| of the credit, including a requirement that the taxpayer continue | 5508 |
|
to employ at least | 5509 |
| 5510 | |
| 5511 |
| | 5512 |
| entire term of the agreement. | 5513 |
| (5) A requirement that the taxpayer annually report to the | 5514 |
|
director of development | 5515 |
| 5516 | |
| 5517 | |
| 5518 | |
| 5519 | |
| duties under this section. | 5520 |
| | 5521 |
| annually review the annual reports of the taxpayer to verify the | 5522 |
|
information reported under division (E) | 5523 |
| compliance with the agreement. Upon verification, the director | 5524 |
| shall issue a certificate to the taxpayer stating that the | 5525 |
| information has been verified and identifying the amount of the | 5526 |
| credit for the taxable year or calendar year that includes the tax | 5527 |
|
period. | 5528 |
| 5529 | |
| 5530 | |
| 5531 | |
| 5532 | |
| 5533 | |
| 5534 | |
|
number of full-time
| 5535 |
| position shall be counted that is filled by an employee who is | 5536 |
| included in the calculation of a tax credit under section 122.17 | 5537 |
| of the Revised Code. | 5538 |
| | 5539 |
| 5540 | |
| 5541 | |
| 5542 | |
| 5543 | |
| 5544 | |
| 5545 |
| | 5546 |
| 5547 | |
| 5548 | |
| 5549 |
| | 5550 |
| 5551 | |
| 5552 | |
| 5553 |
| | 5554 |
| relocate a substantial number of employment positions from | 5555 |
| elsewhere in this state to the project site unless the director | 5556 |
| of development determines that the taxpayer notified the | 5557 |
| legislative authority of the county, township, or municipal | 5558 |
| corporation from which the employment positions would be | 5559 |
|
relocated | 5560 |
| For purposes of this section, the movement of an employment | 5561 |
| position from one political subdivision to another political | 5562 |
| subdivision shall be considered a relocation of an employment | 5563 |
| position unless the movement is confined to the project site. The | 5564 |
|
transfer of an | 5565 |
| political subdivision to another political subdivision shall not | 5566 |
|
be
considered a
relocation of an employment position | 5567 |
| 5568 | |
| 5569 |
| | 5570 |
| subdivision is replaced by another employment position. | 5571 |
| (8) A waiver by the taxpayer of any limitations periods | 5572 |
| relating to assessments or adjustments resulting from the | 5573 |
| taxpayer's failure to comply with the agreement. | 5574 |
| (F) If a taxpayer fails to meet or comply with any condition | 5575 |
| or requirement set forth in a tax credit agreement, the tax credit | 5576 |
| authority may amend the agreement to reduce the percentage or term | 5577 |
|
of the credit. The reduction of the percentage or term | 5578 |
| 5579 | |
| 5580 | |
| 5581 | |
| 5582 | |
| 5583 | |
| 5584 | |
| 5585 | |
| 5586 | |
| 5587 | |
| 5588 | |
| 5589 | |
| 5590 | |
| 5591 | |
| 5592 | |
| 5593 | |
| 5594 | |
| 5595 | |
| 5596 | |
| 5597 | |
| 5598 | |
| 5599 |
| (G) Financial statements and other information submitted to | 5600 |
| the department of development or the tax credit authority by an | 5601 |
| applicant for or recipient of a tax credit under this section, and | 5602 |
| any information taken for any purpose from such statements or | 5603 |
| information, are not public records subject to section 149.43 of | 5604 |
| the Revised Code. However, the chairperson of the authority may | 5605 |
| make use of the statements and other information for purposes of | 5606 |
| issuing public reports or in connection with court proceedings | 5607 |
| concerning tax credit agreements under this section. Upon the | 5608 |
| request of the tax commissioner, or the superintendent of | 5609 |
| insurance in the case of an insurance company, the chairperson of | 5610 |
| the authority shall provide to the commissioner or superintendent | 5611 |
| any statement or other information submitted by an applicant for | 5612 |
| or recipient of a tax credit in connection with the credit. The | 5613 |
| commissioner or superintendent shall preserve the confidentiality | 5614 |
| of the statement or other information. | 5615 |
| (H) A taxpayer claiming a tax credit under this section shall | 5616 |
| submit to the tax commissioner or, in the case of an insurance | 5617 |
| company, to the superintendent of insurance, a copy of the | 5618 |
| director of development's certificate of verification under | 5619 |
|
division (E) | 5620 |
| or return for the taxable year or for the calendar year that | 5621 |
| includes the tax period. Failure to submit a copy of the | 5622 |
| certificate with the report or return does not invalidate a claim | 5623 |
| for a credit if the taxpayer submits a copy of the certificate to | 5624 |
| the commissioner or superintendent within sixty days after the | 5625 |
| commissioner or superintendent requests it. | 5626 |
| (I) For the purposes of this section, a taxpayer may include | 5627 |
| a partnership, a corporation that has made an election under | 5628 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 5629 |
| Code, or any other business entity through which income flows as a | 5630 |
| distributive share to its owners. A partnership, S-corporation, or | 5631 |
| other such business entity may elect to pass the credit received | 5632 |
| under this section through to the persons to whom the income or | 5633 |
| profit of the partnership, S-corporation, or other entity is | 5634 |
| distributed. The election shall be made on the annual report | 5635 |
|
required under division (E) | 5636 |
| applies to and is irrevocable for the credit for which the report | 5637 |
| is submitted. If the election is made, the credit shall be | 5638 |
| apportioned among those persons in the same proportions as those | 5639 |
| in which the income or profit is distributed. | 5640 |
| (J) If the director of development determines that a taxpayer | 5641 |
| that received a tax credit under this section is not complying | 5642 |
|
with the requirement under division (E) | 5643 |
| director shall notify the tax credit authority of the | 5644 |
| noncompliance. After receiving such a notice, and after giving the | 5645 |
| taxpayer an opportunity to explain the noncompliance, the | 5646 |
| authority may terminate the agreement and require the taxpayer to | 5647 |
| refund to the state all or a portion of the credit claimed in | 5648 |
| previous years, as follows: | 5649 |
| (1) If the taxpayer maintained operations at the project site | 5650 |
|
for less than or equal to the term of the credit, | 5651 |
| 5652 | |
| to exceed one hundred per cent of the sum of any tax credits | 5653 |
| 5654 |
| (2) If the taxpayer maintained operations at the project site | 5655 |
| longer than the term of the credit, but less than the greater of | 5656 |
| (a) the term of the credit plus three years, or (b) seven years, | 5657 |
|
the
amount required to be
refunded
shall not exceed | 5658 |
| seventy-five per
cent of
the sum of any tax
credits
| 5659 |
| allowed and received under this section. | 5660 |
| In determining the portion of the credit to be refunded to | 5661 |
| this state, the authority shall consider the effect of market | 5662 |
| conditions on the taxpayer's project and whether the taxpayer | 5663 |
| continues to maintain other operations in this state. After making | 5664 |
| the determination, the authority shall certify the amount to be | 5665 |
|
refunded to the tax commissioner | 5666 |
| insurance. If the taxpayer is not an insurance company, the | 5667 |
| commissioner shall make an assessment for that amount against the | 5668 |
| taxpayer under Chapter 5733., 5747., or 5751. of the Revised | 5669 |
| Code. If the taxpayer is an insurance company, the superintendent | 5670 |
| of insurance shall make an assessment under section 5725.222 or | 5671 |
| 5729.102 of the Revised Code. The time limitations on assessments | 5672 |
| under those chapters and sections do not apply to an assessment | 5673 |
| under this division, but the commissioner or superintendent shall | 5674 |
| make the assessment within one year after the date the authority | 5675 |
| certifies to the commissioner or superintendent the amount to be | 5676 |
| refunded. | 5677 |
| | 5678 |
| 5679 | |
| 5680 | |
| 5681 | |
| 5682 | |
| 5683 | |
| 5684 | |
| 5685 | |
| 5686 | |
| 5687 | |
| 5688 |
| (K) The director of development, after consultation with the | 5689 |
| tax commissioner and the superintendent of insurance and in | 5690 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 5691 |
| rules necessary to implement this section. The rules may provide | 5692 |
| for recipients of tax credits under this section to be charged | 5693 |
| fees to cover administrative costs of the tax credit program. The | 5694 |
| fees collected shall be credited to the tax incentive programs | 5695 |
| operating fund created in section 122.174 of the Revised Code. At | 5696 |
| the time the director gives public notice under division (A) of | 5697 |
| section 119.03 of the Revised Code of the adoption of the rules, | 5698 |
| the director shall submit copies of the proposed rules to the | 5699 |
| chairpersons of the standing committees on economic development | 5700 |
| in the senate and the house of representatives. | 5701 |
| (L) On or before the | 5702 |
| of each year, the director of development shall submit a report to | 5703 |
| the governor, the president of the senate, and the speaker of the | 5704 |
| house of representatives on the tax credit program under this | 5705 |
| section. The report shall include information on the number of | 5706 |
| agreements that were entered into under this section during the | 5707 |
| preceding calendar year, a description of the project that is the | 5708 |
| subject of each such agreement, and an update on the status of | 5709 |
| projects under agreements entered into before the preceding | 5710 |
| calendar year. | 5711 |
| (M) | 5712 |
| 5713 | |
| 5714 | |
| 5715 | |
| 5716 | |
| 5717 |
| | 5718 |
| 5719 | |
| 5720 | |
| 5721 | |
| 5722 | |
| 5723 | |
| 5724 | |
| 5725 | |
| 5726 | |
| 5727 | |
| of tax credits issued under this section during any calendar year | 5728 |
| for capital investment projects reviewed and approved by the tax | 5729 |
| credit authority may not exceed the following amounts: | 5730 |
| (1) For 2010, thirteen million dollars; | 5731 |
| (2) For 2011 through 2023, the amount of the limit for the | 5732 |
| preceding calendar year plus thirteen million dollars; | 5733 |
| (3) For 2024 and each year thereafter, one hundred | 5734 |
| ninety-five million dollars. | 5735 |
| The foregoing annual limitations do not apply to credits for | 5736 |
| capital investment projects approved by the tax credit authority | 5737 |
| before July 1, 2009. | 5738 |
| Sec. 122.40. (A) There is hereby created the development | 5739 |
| financing advisory council to assist in carrying out the programs | 5740 |
| created pursuant to sections 122.39 to 122.62 and Chapter 166. of | 5741 |
| the Revised Code. | 5742 |
| (B) The council shall consist of | 5743 |
| appointed by the governor, with the advice and consent of the | 5744 |
| senate, who are selected for their knowledge of and experience in | 5745 |
| economic development financing, one member of the senate appointed | 5746 |
| by the president of the senate, one member of the house of | 5747 |
| representatives appointed by the speaker of the house of | 5748 |
| representatives, and the director of development or the director's | 5749 |
| designee. With respect to the council: | 5750 |
| (1) No more than four members of the council appointed by the | 5751 |
| governor shall be members of the same political party. | 5752 |
| (2) Each member shall hold office from the date of the | 5753 |
| member's appointment until the end of the term for which the | 5754 |
| member was appointed. | 5755 |
| (3) The terms of office for the | 5756 |
| by the governor shall be for five years commencing on the first | 5757 |
| day of January and ending on the thirty-first day of December. The | 5758 |
| 5759 | |
| office of seven years on December 30, 2004, shall continue to | 5760 |
| serve those terms, but their successors in office, including the | 5761 |
| filling of a vacancy occurring prior to the expiration of those | 5762 |
| terms, shall be appointed for terms of five years in accordance | 5763 |
| with this division. | 5764 |
| (4) Any member of the council is eligible for reappointment. | 5765 |
| (5) As a term of a member of the council appointed by the | 5766 |
| governor expires, the governor shall appoint a successor with the | 5767 |
| advice and consent of the senate. | 5768 |
| (6) Except as otherwise provided in division (B)(3) of this | 5769 |
| section, any member appointed to fill a vacancy occurring prior to | 5770 |
| the expiration of the term for which the member's predecessor was | 5771 |
| appointed shall hold office for the remainder of the predecessor's | 5772 |
| term. | 5773 |
| (7) Any member shall continue in office subsequent to the | 5774 |
| expiration date of the member's term until the member's successor | 5775 |
| takes office, or until a period of sixty days has elapsed, | 5776 |
| whichever occurs first. | 5777 |
| (8) Before entering upon duties as a member of the council, | 5778 |
| each member shall take an oath provided by Section 7 of Article | 5779 |
| XV, Ohio Constitution. | 5780 |
| (9) The governor may, at any time, remove any nonlegislative | 5781 |
| member pursuant to section 3.04 of the Revised Code. | 5782 |
| (10) Members of the council, notwithstanding section 101.26 | 5783 |
| of the Revised Code with respect to members who are members of the | 5784 |
| general assembly, shall receive their necessary and actual | 5785 |
| expenses while engaged in the business of the council and shall be | 5786 |
| paid at the per diem rate of step 1, pay range 31, of section | 5787 |
| 124.15 of the Revised Code. | 5788 |
| (11) Six members of the council constitute a quorum and the | 5789 |
|
affirmative vote of | 5790 |
| of the council where a quorum is present is necessary for any | 5791 |
| action taken by the council. | 5792 |
| (12) In the event of the absence of a member appointed by the | 5793 |
| president of the senate or by the speaker of the house of | 5794 |
| representatives, the following persons may serve in the member's | 5795 |
| absence: the president of the senate or the speaker of the house, | 5796 |
| as the case may be, or a member of the senate or of the house of | 5797 |
| representatives, of the same political party as the development | 5798 |
| financing advisory council member, designated by the president of | 5799 |
| the senate or the speaker of the house. | 5800 |
| Sec. 122.603. (A)(1) Upon approval by the director of | 5801 |
| development and after entering into a participation agreement with | 5802 |
| the department of development, a participating financial | 5803 |
| institution making a capital access loan shall establish a program | 5804 |
| reserve account. The account shall be an interest-bearing account | 5805 |
| and shall contain only moneys deposited into it under the program | 5806 |
| and the interest payable on the moneys in the account. | 5807 |
| (2) All interest payable on the moneys in the program reserve | 5808 |
| account shall be added to the moneys and held as an additional | 5809 |
| loss reserve. The director may require that a portion or all of | 5810 |
| the accrued interest so held in the account be released to the | 5811 |
| department. If the director causes a release of accrued interest, | 5812 |
| the director shall deposit the released amount into the capital | 5813 |
| access loan program fund created in section 122.601 of the Revised | 5814 |
| Code. The director shall not require the release of that accrued | 5815 |
| interest more than twice in a fiscal year. | 5816 |
| (B) When a participating financial institution makes a | 5817 |
| capital access loan, it shall require the eligible business to pay | 5818 |
| to the participating financial institution a fee in an amount that | 5819 |
| is not less than one and one-half per cent, and not more than | 5820 |
| three per cent, of the principal amount of the loan. The | 5821 |
| participating financial institution shall deposit the fee into its | 5822 |
| program reserve account, and it also shall deposit into the | 5823 |
| account an amount of its own funds equal to the amount of the fee. | 5824 |
| The participating financial institution may recover from the | 5825 |
| eligible business all or part of the amount that the participating | 5826 |
| financial institution is required to deposit into the account | 5827 |
| under this division in any manner agreed to by the participating | 5828 |
| financial institution and the eligible business. | 5829 |
| (C) For each capital access loan made by a participating | 5830 |
| financial institution, the participating financial institution | 5831 |
| shall certify to the director, within a period specified by the | 5832 |
| director, that the participating financial institution has made | 5833 |
| the loan. The certification shall include the amount of the loan, | 5834 |
| the amount of the fee received from the eligible business, the | 5835 |
| amount of its own funds that the participating financial | 5836 |
| institution deposited into its program reserve account to reflect | 5837 |
| that fee, and any other information specified by the director. The | 5838 |
| certification also shall indicate if the eligible business | 5839 |
| receiving the capital access loan is a minority business | 5840 |
| enterprise as defined in section 122.71 of the Revised Code. | 5841 |
| (D)(1)(a) Upon receipt of each of the first three | 5842 |
| certifications from a participating financial institution made | 5843 |
| under division (C) of this section and subject to section 122.602 | 5844 |
| of the Revised Code, the director shall disburse to the | 5845 |
| participating financial institution from the capital access loan | 5846 |
| program fund an amount equal to fifty per cent of the principal | 5847 |
| amount of the particular capital access loan for deposit into the | 5848 |
| participating financial institution's program reserve account. | 5849 |
| Thereafter, upon receipt of a certification from that | 5850 |
| participating financial institution made under division (C) of | 5851 |
| this section and subject to section 122.602 of the Revised Code, | 5852 |
| the director shall disburse to the participating financial | 5853 |
| institution from the capital access loan program fund an amount | 5854 |
| equal to ten per cent of the principal amount of the particular | 5855 |
| capital access loan for deposit into the participating financial | 5856 |
|
institution's program reserve
account. | 5857 |
| (b) Notwithstanding division (D)(1)(a) of this section, and | 5858 |
| subject to section 122.602 of the Revised Code, upon receipt of | 5859 |
| any certification from a participating financial institution made | 5860 |
| under division (C) of this section with respect to a capital | 5861 |
| access loan made to an eligible business that is a minority | 5862 |
| business enterprise, the director shall disburse to the | 5863 |
| participating financial institution from the capital access loan | 5864 |
| program fund an amount equal to eighty per cent of the principal | 5865 |
| amount of the particular capital access loan for deposit into the | 5866 |
| participating financial institution's program reserve account. | 5867 |
| (2) The disbursement of moneys from the fund to a | 5868 |
| participating financial institution does not require approval from | 5869 |
| the controlling board. | 5870 |
| (E) If the amount in a program reserve account exceeds an | 5871 |
| amount equal to thirty-three per cent of a participating financial | 5872 |
| institution's outstanding capital access loans, the department may | 5873 |
| cause the withdrawal of the excess amount and the deposit of the | 5874 |
| withdrawn amount into the capital access loan program fund. | 5875 |
| (F)(1) The department may cause the withdrawal of the total | 5876 |
| amount in a participating financial institution's program reserve | 5877 |
| account if any of the following applies: | 5878 |
| (a) The financial institution is no longer eligible to | 5879 |
| participate in the program. | 5880 |
| (b) The participation agreement expires without renewal by | 5881 |
| the department or the financial institution. | 5882 |
| (c) The financial institution has no outstanding capital | 5883 |
| access loans. | 5884 |
| (d) The financial institution has not made a capital access | 5885 |
| loan within the preceding twenty-four months. | 5886 |
| (2) If the department causes a withdrawal under division | 5887 |
| (F)(1) of this section, the department shall deposit the withdrawn | 5888 |
| amount into the capital access loan program fund. | 5889 |
| Sec. 122.71. As used in sections 122.71 to 122.83 of the | 5890 |
| Revised Code: | 5891 |
| (A) "Financial institution" means any banking corporation, | 5892 |
| trust company, insurance company, savings and loan association, | 5893 |
| building and loan association, or corporation, partnership, | 5894 |
| federal lending agency, foundation, or other institution engaged | 5895 |
| in lending or investing funds for industrial or business purposes. | 5896 |
| (B) "Project" means any real or personal property connected | 5897 |
| with or being a part of an industrial, distribution, commercial, | 5898 |
| or research facility to be acquired, constructed, reconstructed, | 5899 |
| enlarged, improved, furnished, or equipped, or any combination | 5900 |
| thereof, with the aid provided under sections 122.71 to 122.83 of | 5901 |
| the Revised Code, for industrial, commercial, distribution, and | 5902 |
| research development of the state. | 5903 |
| (C) "Mortgage" means the lien imposed on a project by a | 5904 |
| mortgage on real property, or by financing statements on personal | 5905 |
| property, or a combination of a mortgage and financing statements | 5906 |
| when a project consists of both real and personal property. | 5907 |
| (D) "Mortgagor" means the principal user of a project or the | 5908 |
| person, corporation, partnership, or association unconditionally | 5909 |
| guaranteeing performance by the principal user of its obligations | 5910 |
| under the mortgage. | 5911 |
| (E)(1) "Minority business enterprise" means an individual who | 5912 |
| is a United States citizen and owns and controls a business, or a | 5913 |
| partnership, corporation, or joint venture of any kind that is | 5914 |
| owned and controlled by United States citizens, which citizen or | 5915 |
| citizens are residents of this state and are members of one of the | 5916 |
| following economically disadvantaged groups: Blacks or African | 5917 |
| Americans, American Indians, Hispanics or Latinos, and Asians. | 5918 |
| (2) "Owned and controlled" means that at least fifty-one per | 5919 |
| cent of the business, including corporate stock if a corporation, | 5920 |
| is owned by persons who belong to one or more of the groups set | 5921 |
| forth in division (E)(1) of this section, and that those owners | 5922 |
| have control over the management and day-to-day operations of the | 5923 |
| business and an interest in the capital, assets, and profits and | 5924 |
| losses of the business proportionate to their percentage of | 5925 |
| ownership. In order to qualify as a minority business enterprise, | 5926 |
| a business shall have been owned and controlled by those persons | 5927 |
| at least one year prior to being awarded a contract pursuant to | 5928 |
| this section. | 5929 |
| (F) "Community improvement corporation" means a corporation | 5930 |
| organized under Chapter 1724. of the Revised Code. | 5931 |
| (G) "Ohio development corporation" means a corporation | 5932 |
| organized under Chapter 1726. of the Revised Code. | 5933 |
| (H) "Minority contractors business assistance organization" | 5934 |
| means an entity engaged in the provision of management and | 5935 |
| technical business assistance to minority business enterprise | 5936 |
| entrepreneurs. | 5937 |
| (I) "Minority business supplier development council" means a | 5938 |
| nonprofit organization established as an affiliate of the national | 5939 |
| minority supplier development council. | 5940 |
| (J) "Regional economic development entity" means an entity | 5941 |
| that is under contract with the director of development to | 5942 |
| administer a loan program under this chapter in a particular area | 5943 |
| of the state. | 5944 |
| (K) "Community development corporation" means a corporation | 5945 |
| organized under Chapter 1702. of the Revised Code that consists of | 5946 |
| residents of the community and business and civic leaders and that | 5947 |
| has as a principal purpose one or more of the following: the | 5948 |
| revitalization and development of a low- to moderate-income | 5949 |
| neighborhood or community; the creation of jobs for low- to | 5950 |
| moderate-income residents; the development of commercial | 5951 |
| facilities and services; providing training, technical assistance, | 5952 |
| and financial assistance to small businesses; and planning, | 5953 |
| developing, or managing low-income housing or other community | 5954 |
| development activities. | 5955 |
| Sec. 122.751. The minority development financing advisory | 5956 |
| board or a regional economic development entity shall only | 5957 |
| consider an application for a loan from any applicant after a | 5958 |
| determination that the applicant is a community development | 5959 |
| corporation, or after a certification by the equal employment | 5960 |
| opportunity coordinator of the department of administrative | 5961 |
| services under division (B)(1) of section 123.151 of the Revised | 5962 |
| Code that the applicant is a minority business enterprise, or | 5963 |
| after a certification by the minority business supplier | 5964 |
| development council that the applicant is a minority business, and | 5965 |
| that the applicant satisfies all criteria regarding eligibility | 5966 |
| for assistance pursuant to section 122.76 of the Revised Code. | 5967 |
| Sec. 122.76. (A) The director of development, with | 5968 |
| controlling board approval, may lend funds to minority business | 5969 |
| enterprises and to community improvement corporations, Ohio | 5970 |
| development corporations, minority contractors business assistance | 5971 |
| organizations, and minority business supplier development councils | 5972 |
| for the purpose of loaning funds to minority business enterprises | 5973 |
| and for the purpose of procuring or improving real or personal | 5974 |
| property, or both, for the establishment, location, or expansion | 5975 |
| of industrial, distribution, commercial, or research facilities in | 5976 |
| the state, and to community development corporations that | 5977 |
| predominantly benefit minority business enterprises or are located | 5978 |
| in a census tract that has a population that is sixty per cent or | 5979 |
| more minority if the director determines, in the director's sole | 5980 |
| discretion, that all of the following apply: | 5981 |
| (1) The project is economically sound and will benefit the | 5982 |
| people of the state by increasing opportunities for employment, by | 5983 |
| strengthening the economy of the state, or expanding minority | 5984 |
| business enterprises. | 5985 |
| (2) The proposed minority business enterprise borrower is | 5986 |
| unable to finance the proposed project through ordinary financial | 5987 |
| channels at comparable terms. | 5988 |
| (3) The value of the project is or, upon completion, will be | 5989 |
| at least equal to the total amount of the money expended in the | 5990 |
| procurement or improvement of the project, and one or more | 5991 |
| financial institutions or other governmental entities have loaned | 5992 |
| not less than thirty per cent of that amount. | 5993 |
| (4) The amount to be loaned by the director will not exceed | 5994 |
| sixty per cent of the total amount expended in the procurement or | 5995 |
| improvement of the project. | 5996 |
| (5) The amount to be loaned by the director will be | 5997 |
| adequately secured by a first or second mortgage upon the project | 5998 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 5999 |
| other property or contracts as the director requires, and such | 6000 |
| mortgage will not be subordinate to any other liens or mortgages | 6001 |
| except the liens securing loans or investments made by financial | 6002 |
| institutions referred to in division (A)(3) of this section, and | 6003 |
| the liens securing loans previously made by any financial | 6004 |
| institution in connection with the procurement or expansion of all | 6005 |
| or part of a project. | 6006 |
| (B) Any proposed minority business enterprise borrower | 6007 |
| submitting an application for assistance under this section shall | 6008 |
| not have defaulted on a previous loan from the director, and no | 6009 |
| full or limited partner, major shareholder, or holder of an equity | 6010 |
| interest of the proposed minority business enterprise borrower | 6011 |
| shall have defaulted on a loan from the director. | 6012 |
| (C) The proposed minority business enterprise borrower shall | 6013 |
| demonstrate to the satisfaction of the director that it is able to | 6014 |
| successfully compete in the private sector if it obtains the | 6015 |
| necessary financial, technical, or managerial support and that | 6016 |
| support is available through the director, the minority business | 6017 |
| development office of the department of development, or other | 6018 |
| identified and acceptable sources. In determining whether a | 6019 |
| minority business enterprise borrower will be able to successfully | 6020 |
| compete, the director may give consideration to such factors as | 6021 |
| the successful completion of or participation in courses of study, | 6022 |
| recognized by the board of regents as providing financial, | 6023 |
| technical, or managerial skills related to the operation of the | 6024 |
| business, by the economically disadvantaged individual, owner, or | 6025 |
| partner, and the prior success of the individual, owner, or | 6026 |
| partner in personal, career, or business activities, as well as to | 6027 |
| other factors identified by the director. | 6028 |
| (D) The director shall not lend funds for the purpose of | 6029 |
| procuring or improving motor vehicles or accounts receivable. | 6030 |
| Sec. 122.85. (A) As used in this section and in sections | 6031 |
| 5733.59 and 5747.66 of the Revised Code: | 6032 |
| (1) "Tax credit-eligible production" means a motion picture | 6033 |
| production certified by the director of development under division | 6034 |
| (B) of this section as qualifying the motion picture company for a | 6035 |
| tax credit under section 5733.59 or 5747.66 of the Revised Code. | 6036 |
| (2) "Certificate owner" means a motion picture company to | 6037 |
| which a tax credit certificate is issued. | 6038 |
| (3) "Motion picture company" means an individual, | 6039 |
| corporation, partnership, limited liability company, or other form | 6040 |
| of business association producing a motion picture. | 6041 |
| (4) "Eligible production expenditures" means expenditures | 6042 |
| made after the effective date of the enactment of this section by | 6043 |
| H.B. 1 of the 128th general assembly for goods or services | 6044 |
| purchased and consumed in this state by a motion picture company | 6045 |
| directly for the production of a tax credit-eligible production. | 6046 |
| "Eligible production expenditures" includes, but is not | 6047 |
| limited to, expenditures for resident and nonresident cast and | 6048 |
| crew wages, accommodations, costs of set construction and | 6049 |
| operations, editing and related services, photography, sound | 6050 |
| synchronization, lighting, wardrobe, makeup and accessories, film | 6051 |
| processing, transfer, sound mixing, special and visual effects, | 6052 |
| music, location fees, and the purchase or rental of facilities and | 6053 |
| equipment. | 6054 |
| (5) "Motion picture" means entertainment content created in | 6055 |
| whole or in part within this state for distribution or exhibition | 6056 |
| to the general public, including, but not limited to, | 6057 |
| feature-length films; documentaries; long-form, specials, | 6058 |
| miniseries, series, and interstitial television programming; | 6059 |
| interactive web sites; sound recordings; videos; music videos; | 6060 |
| interactive television; interactive games; videogames; | 6061 |
| commercials; any format of digital media; and any trailer, pilot, | 6062 |
| video teaser, or demo created primarily to stimulate the sale, | 6063 |
| marketing, promotion, or exploitation of future investment in | 6064 |
| either a product or a motion picture by any means and media in any | 6065 |
| digital media format, film, or videotape, provided the motion | 6066 |
| picture qualifies as a motion picture. "Motion picture" does not | 6067 |
| include any television program created primarily as news, | 6068 |
| weather, or financial market reports, a production featuring | 6069 |
| current events or sporting events, an awards show or other gala | 6070 |
| event, a production whose sole purpose is fundraising, a long-form | 6071 |
| production that primarily markets a product or service or in-house | 6072 |
| corporate advertising or other similar productions, a production | 6073 |
| for purposes of political advocacy, or any production for which | 6074 |
| records are required to be maintained under 18 U.S.C. 2257 with | 6075 |
| respect to sexually explicit content. | 6076 |
| (B) For the purpose of encouraging and developing a strong | 6077 |
| film industry in this state, the director of development may | 6078 |
| certify a motion picture produced by a motion picture company as | 6079 |
| a tax credit-eligible production. In the case of a television | 6080 |
| series, the director may certify the production of each episode | 6081 |
| of the series as a separate tax credit-eligible production. A | 6082 |
| motion picture company shall apply for certification of a motion | 6083 |
| picture as a tax credit-eligible production on a form and in the | 6084 |
| manner prescribed by the director. Each application shall | 6085 |
| include the following information: | 6086 |
| (1) The name and telephone number of the motion picture | 6087 |
| production company; | 6088 |
| (2) The name and telephone number of the company's contact | 6089 |
| person; | 6090 |
| (3) A list of the first preproduction date through the last | 6091 |
| production date in Ohio; | 6092 |
| (4) The Ohio production office address and telephone number; | 6093 |
| (5) The total production budget of the motion picture; | 6094 |
| (6) The total budgeted eligible production expenditures and | 6095 |
| the percentage that amount is of the total production budget of | 6096 |
| the motion picture; | 6097 |
| (7) The total percentage of the motion picture being shot in | 6098 |
| Ohio; | 6099 |
| (8) The level of employment of cast and crew who reside in | 6100 |
| Ohio; | 6101 |
| (9) A synopsis of the script; | 6102 |
| (10) The shooting script; | 6103 |
| (11) A creative elements list that includes the names of the | 6104 |
| principal cast and crew and the producer and director; | 6105 |
| (12) The motion picture's distribution plan, including | 6106 |
| domestic and international distribution, and sales estimates for | 6107 |
| the picture; | 6108 |
| (13) Documentation of financial ability to undertake and | 6109 |
| complete the motion picture; | 6110 |
| (14) Estimated value of the tax credit based upon total | 6111 |
| budgeted eligible production expenditures; | 6112 |
| (15) Any other information considered necessary by the | 6113 |
| director. | 6114 |
| Within ninety days after certification of a motion picture as | 6115 |
| a tax credit-eligible production, and any time thereafter upon the | 6116 |
| director's request, the motion picture company shall present to | 6117 |
| the director of development sufficient evidence of reviewable | 6118 |
| progress. If the motion picture company fails to present | 6119 |
| sufficient evidence, the director of development may rescind the | 6120 |
| certification. Upon rescission, the director shall notify the | 6121 |
| applicant that the certification has been rescinded. Nothing in | 6122 |
| this section prohibits an applicant whose tax credit-eligible | 6123 |
| production certification has been rescinded from submitting a | 6124 |
| subsequent application for certification. | 6125 |
| (C)(1) A motion picture company whose motion picture has been | 6126 |
| certified as a tax credit-eligible production may apply to the | 6127 |
| director of development on or after July 1, 2009, for a refundable | 6128 |
| credit against the tax imposed by section 5733.06 or 5747.02 of | 6129 |
| the Revised Code. The director in consultation with the tax | 6130 |
| commissioner shall prescribe the form and manner of the | 6131 |
| application and the information or documentation required to be | 6132 |
| submitted with the application. | 6133 |
| The credit is determined as follows: | 6134 |
| (a) If the total budgeted eligible production expenditures | 6135 |
| stated in the application submitted under division (B) of this | 6136 |
| section or the actual eligible production expenditures as finally | 6137 |
| determined under division (D) of this section, whichever is least, | 6138 |
| is less than or equal to three hundred thousand dollars, no | 6139 |
| credit is allowed; | 6140 |
| (b) If the total budgeted eligible production expenditures | 6141 |
| stated in the application submitted under division (B) of this | 6142 |
| section or the actual eligible production expenditures as finally | 6143 |
| determined under division (D) of this section, whichever is least, | 6144 |
| is greater than three hundred thousand dollars, the credit equals | 6145 |
| the sum of the following, subject to the limitation in division | 6146 |
| (C)(4) of this section: | 6147 |
| (i) Twenty-five per cent of the least of such budgeted or | 6148 |
| actual eligible expenditure amounts excluding budgeted or actual | 6149 |
| eligible expenditures for resident cast and crew wages; | 6150 |
| (ii) Thirty-five per cent of budgeted or actual eligible | 6151 |
| expenditures for resident cast and crew wages. | 6152 |
| (2) Except as provided in division (C)(4) of this section, if | 6153 |
| the director of development approves a motion picture company's | 6154 |
| application for a credit, the director shall issue a tax credit | 6155 |
| certificate to the company. The director in consultation with the | 6156 |
| tax commissioner shall prescribe the form and manner of issuing | 6157 |
| certificates. The director shall assign a unique identifying | 6158 |
| number to each tax credit certificate and shall record the | 6159 |
| certificate in a register devised and maintained by the director | 6160 |
| for that purpose. The certificate shall state the amount of the | 6161 |
| eligible production expenditures on which the credit is based and | 6162 |
| the amount of the credit. Upon the issuance of a certificate, the | 6163 |
| director shall certify to the tax commissioner the name of the | 6164 |
| applicant, the amount of eligible production expenditures shown on | 6165 |
| the certificate, and any other information required by the rules | 6166 |
| adopted to administer this section. | 6167 |
| (3) The amount of eligible production expenditures for which | 6168 |
| a tax credit may be claimed is subject to inspection and | 6169 |
| examination by the tax commissioner or employees of the | 6170 |
| commissioner under section 5703.19 of the Revised Code and any | 6171 |
| other applicable law. Once the eligible production expenditures | 6172 |
| are finally determined under section 5703.19 of the Revised Code | 6173 |
| and division (D) of this section, the credit amount is not subject | 6174 |
| to adjustment unless the director determines an error was | 6175 |
| committed in the computation of the credit amount. | 6176 |
| (4) No tax credit certificate may be issued before the | 6177 |
| completion of the tax credit-eligible production. Not more than | 6178 |
| twenty million dollars of tax credit may be allowed per fiscal | 6179 |
| biennium, and not more than ten million dollars may be allowed in | 6180 |
| the first year of the biennium. Not more than five million dollars | 6181 |
| of tax credit may be allowed per tax credit-eligible production. | 6182 |
| (D) A motion picture company whose motion picture has been | 6183 |
| certified as a tax credit-eligible production shall engage, at the | 6184 |
| company's expense, an independent certified public accountant to | 6185 |
| examine the company's production expenditures to identify the | 6186 |
| expenditures that qualify as eligible production expenditures. The | 6187 |
| certified public accountant shall issue a report to the company | 6188 |
| and to the director of development certifying the company's | 6189 |
| eligible production expenditures and any other information | 6190 |
| required by the director. Upon receiving and examining the report, | 6191 |
| the director may disallow any expenditure the director determines | 6192 |
| is not an eligible production expenditure. If the director | 6193 |
| disallows an expenditure, the director shall issue a written | 6194 |
| notice to the motion picture production company stating that the | 6195 |
| expenditure is disallowed and the reason for the disallowance. | 6196 |
| Upon examination of the report and disallowance of any | 6197 |
| expenditures, the director shall determine finally the lesser of | 6198 |
| the total budgeted eligible production expenditures stated in the | 6199 |
| application submitted under division (B) of this section or the | 6200 |
| actual eligible production expenditures for the purpose of | 6201 |
| computing the amount of the credit. | 6202 |
| (E) No credit shall be allowed under section 5733.59 or | 6203 |
| 5747.66 of the Revised Code unless the director has reviewed the | 6204 |
| report and made the determination prescribed by division (D) of | 6205 |
| this section. | 6206 |
| (F) This state reserves the right to refuse the use of this | 6207 |
| state's name in the credits of any tax credit-eligible motion | 6208 |
| picture production. | 6209 |
| (G)(1) The director of development in consultation with the | 6210 |
| tax commissioner shall adopt rules for the administration of this | 6211 |
| section, including rules setting forth and governing the criteria | 6212 |
| for determining whether a motion picture production is a tax | 6213 |
| credit-eligible production; activities that constitute the | 6214 |
| production of a motion picture; reporting sufficient evidence of | 6215 |
| reviewable progress; expenditures that qualify as eligible | 6216 |
| production expenditures; a competitive process for approving | 6217 |
| credits; and consideration of geographic distribution of credits. | 6218 |
| The rules shall be adopted under Chapter 119. of the Revised Code. | 6219 |
| (2) The director may require a reasonable application fee to | 6220 |
| cover administrative costs of the tax credit program. The fees | 6221 |
| collected shall be credited to the motion picture tax credit | 6222 |
| program operating fund, which is hereby created in the state | 6223 |
| treasury. The motion picture tax credit program operating fund | 6224 |
| shall consist of all grants, gifts, fees, and contributions made | 6225 |
| to the director of development for marketing and promotion of the | 6226 |
| motion picture industry within this state. The director of | 6227 |
| development shall use money in the fund to pay expenses related to | 6228 |
| the administration of the Ohio film office and the credit | 6229 |
| authorized by this section and sections 5733.59 and 5747.66 of the | 6230 |
| Revised Code. | 6231 |
| Sec. 122.89. (A) The director of development may execute | 6232 |
| bonds as surety for minority businesses as principals, on | 6233 |
| contracts with the state, any political subdivision or | 6234 |
| instrumentality thereof, or any person as the obligee. The | 6235 |
| director as surety may exercise all the rights and powers of a | 6236 |
| company authorized by the department of insurance to execute bonds | 6237 |
| as surety but shall not be subject to any requirements of a surety | 6238 |
| company under Title XXXIX of the Revised Code nor to any rules of | 6239 |
| the department of insurance. | 6240 |
| (B) The director, with the advice of the minority development | 6241 |
| financing advisory board, shall adopt rules under Chapter 119. of | 6242 |
| the Revised Code establishing procedures for application for | 6243 |
| surety bonds by minority businesses and for review and approval of | 6244 |
| applications. The board shall review each application in | 6245 |
| accordance with the rules and, based on the bond worthiness of | 6246 |
| each applicant, shall refer all qualified applicants to the | 6247 |
| director. Based on the recommendation of the board, the director | 6248 |
| shall determine whether or not the applicant shall receive | 6249 |
| bonding. | 6250 |
| (C) | 6251 |
| 6252 | |
| 6253 | |
| 6254 | |
| 6255 | |
| 6256 | |
| 6257 | |
| 6258 |
| | 6259 |
| business to pay a premium in advance for the bond to be | 6260 |
| established by the director, with the advice of the board after | 6261 |
| the director receives advice from the superintendent of insurance | 6262 |
| regarding the standard market rates for premiums for similar | 6263 |
| bonds. All premiums paid by minority businesses shall be paid into | 6264 |
| the minority business bonding program administrative and loss | 6265 |
| reserve fund. | 6266 |
| | 6267 |
| by the director shall not exceed the amount of moneys in the | 6268 |
| minority business bonding fund and available to the fund under | 6269 |
| division (B) of section 169.05 of the Revised Code. | 6270 |
| | 6271 |
| technical and professional assistance as is considered necessary | 6272 |
| by the director, including providing advice regarding the standard | 6273 |
|
market
rates for bond premiums as described under division | 6274 |
| of this section. | 6275 |
| Sec. 123.01. (A) The department of administrative services, | 6276 |
| in addition to those powers enumerated in Chapters 124. and 125. | 6277 |
| of the Revised Code and provided elsewhere by law, shall exercise | 6278 |
| the following powers: | 6279 |
| (1) To prepare, or contract to be prepared, by licensed | 6280 |
| engineers or architects, surveys, general and detailed plans, | 6281 |
| specifications, bills of materials, and estimates of cost for any | 6282 |
| projects, improvements, or public buildings to be constructed by | 6283 |
| state agencies that may be authorized by legislative | 6284 |
| appropriations or any other funds made available therefor, | 6285 |
| provided that the construction of the projects, improvements, or | 6286 |
| public buildings is a statutory duty of the department. This | 6287 |
| section does not require the independent employment of an | 6288 |
| architect or engineer as provided by section 153.01 of the Revised | 6289 |
| Code in the cases to which that section applies nor affect or | 6290 |
| alter the existing powers of the director of transportation. | 6291 |
| (2) To have general supervision over the construction of any | 6292 |
| projects, improvements, or public buildings constructed for a | 6293 |
| state agency and over the inspection of materials previous to | 6294 |
| their incorporation into those projects, improvements, or | 6295 |
| buildings; | 6296 |
| (3) To make contracts for and supervise the construction of | 6297 |
| any projects and improvements or the construction and repair of | 6298 |
| buildings under the control of a state agency, except contracts | 6299 |
| for the repair of buildings under the management and control of | 6300 |
| the departments of public safety, job and family services, mental | 6301 |
| health, mental retardation and developmental disabilities, | 6302 |
| rehabilitation and correction, and youth services, the bureau of | 6303 |
| workers' compensation, the rehabilitation services commission, and | 6304 |
| boards of trustees of educational and benevolent institutions and | 6305 |
| except contracts for the construction of projects that do not | 6306 |
| require the issuance of a building permit or the issuance of a | 6307 |
| certificate of occupancy and that are necessary to remediate | 6308 |
| conditions at a hazardous waste facility, solid waste facility, or | 6309 |
| other location at which the director of environmental protection | 6310 |
| has reason to believe there is a substantial threat to public | 6311 |
| health or safety or the environment. These contracts shall be made | 6312 |
| and entered into by the directors of public safety, job and family | 6313 |
| services, mental health, mental retardation and developmental | 6314 |
| disabilities, rehabilitation and correction, and youth services, | 6315 |
| the administrator of workers' compensation, the rehabilitation | 6316 |
| services commission, the boards of trustees of such institutions, | 6317 |
| and the director of environmental protection, respectively. All | 6318 |
| such contracts may be in whole or in part on unit price basis of | 6319 |
| maximum estimated cost, with payment computed and made upon actual | 6320 |
| quantities or units. | 6321 |
| (4) To prepare and suggest comprehensive plans for the | 6322 |
| development of grounds and buildings under the control of a state | 6323 |
| agency; | 6324 |
| (5) To acquire, by purchase, gift, devise, lease, or grant, | 6325 |
| all real estate required by a state agency, in the exercise of | 6326 |
| which power the department may exercise the power of eminent | 6327 |
| domain, in the manner provided by sections 163.01 to 163.22 of the | 6328 |
| Revised Code; | 6329 |
| (6) To make and provide all plans, specifications, and models | 6330 |
| for the construction and perfection of all systems of sewerage, | 6331 |
| drainage, and plumbing for the state in connection with buildings | 6332 |
| and grounds under the control of a state agency; | 6333 |
| (7) To erect, supervise, and maintain all public monuments | 6334 |
| and memorials erected by the state, except where the supervision | 6335 |
| and maintenance is otherwise provided by law; | 6336 |
| (8) To procure, by lease, storage accommodations for a state | 6337 |
| agency; | 6338 |
| (9) To lease or grant easements or licenses for unproductive | 6339 |
| and unused lands or other property under the control of a state | 6340 |
| agency. Such leases, easements, or licenses shall be granted for a | 6341 |
| period not to exceed fifteen years and shall be executed for the | 6342 |
| state by the director of administrative services and the governor | 6343 |
| and shall be approved as to form by the attorney general, provided | 6344 |
| that leases, easements, or licenses may be granted to any county, | 6345 |
| township, municipal corporation, port authority, water or sewer | 6346 |
| district, school district, library district, health district, park | 6347 |
| district, soil and water conservation district, conservancy | 6348 |
| district, or other political subdivision or taxing district, or | 6349 |
| any agency of the United States government, for the exclusive use | 6350 |
| of that agency, political subdivision, or taxing district, without | 6351 |
| any right of sublease or assignment, for a period not to exceed | 6352 |
| fifteen years, and provided that the director shall grant leases, | 6353 |
| easements, or licenses of university land for periods not to | 6354 |
| exceed twenty-five years for purposes approved by the respective | 6355 |
| university's board of trustees wherein the uses are compatible | 6356 |
| with the uses and needs of the university and may grant leases of | 6357 |
| university land for periods not to exceed forty years for purposes | 6358 |
| approved by the respective university's board of trustees pursuant | 6359 |
| to section 123.77 of the Revised Code. | 6360 |
| (10) To lease | 6361 |
| state agency; | 6362 |
| (11) To have general supervision and care of the storerooms, | 6363 |
| offices, and buildings leased for the use of a state agency; | 6364 |
| (12) To exercise general custodial care of all real property | 6365 |
| of the state; | 6366 |
| (13) To assign and group together state offices in any city | 6367 |
| in the state and to establish, in cooperation with the state | 6368 |
| agencies involved, rules governing space requirements for office | 6369 |
| or storage use; | 6370 |
| (14) To lease for a period not to exceed forty years, | 6371 |
| pursuant to a contract providing for the construction thereof | 6372 |
| under a lease-purchase plan, buildings, structures, and other | 6373 |
| improvements for any public purpose, and, in conjunction | 6374 |
| therewith, to grant leases, easements, or licenses for lands under | 6375 |
| the control of a state agency for a period not to exceed forty | 6376 |
| years. The lease-purchase plan shall provide that at the end of | 6377 |
| the lease period, the buildings, structures, and related | 6378 |
| improvements, together with the land on which they are situated, | 6379 |
| shall become the property of the state without cost. | 6380 |
| (a) Whenever any building, structure, or other improvement is | 6381 |
| to be so leased by a state agency, the department shall retain | 6382 |
| either basic plans, specifications, bills of materials, and | 6383 |
| estimates of cost with sufficient detail to afford bidders all | 6384 |
| needed information or, alternatively, all of the following plans, | 6385 |
| details, bills of materials, and specifications: | 6386 |
| (i) Full and accurate plans suitable for the use of mechanics | 6387 |
| and other builders in the improvement; | 6388 |
| (ii) Details to scale and full sized, so drawn and | 6389 |
| represented as to be easily understood; | 6390 |
| (iii) Accurate bills showing the exact quantity of different | 6391 |
| kinds of material necessary to the construction; | 6392 |
| (iv) Definite and complete specifications of the work to be | 6393 |
| performed, together with such directions as will enable a | 6394 |
| competent mechanic or other builder to carry them out and afford | 6395 |
| bidders all needed information; | 6396 |
| (v) A full and accurate estimate of each item of expense and | 6397 |
| of the aggregate cost thereof. | 6398 |
| (b) The department shall give public notice, in such | 6399 |
| newspaper, in such form, and with such phraseology as the director | 6400 |
| of administrative services prescribes, published once each week | 6401 |
| for four consecutive weeks, of the time when and place where bids | 6402 |
| will be received for entering into an agreement to lease to a | 6403 |
| state agency a building, structure, or other improvement. The last | 6404 |
| publication shall be at least eight days preceding the day for | 6405 |
| opening the bids. The bids shall contain the terms upon which the | 6406 |
| builder would propose to lease the building, structure, or other | 6407 |
| improvement to the state agency. The form of the bid approved by | 6408 |
| the department shall be used, and a bid is invalid and shall not | 6409 |
| be considered unless that form is used without change, alteration, | 6410 |
| or addition. Before submitting bids pursuant to this section, any | 6411 |
| builder shall comply with Chapter 153. of the Revised Code. | 6412 |
| (c) On the day and at the place named for receiving bids for | 6413 |
| entering into lease agreements with a state agency, the director | 6414 |
| of administrative services shall open the bids and shall publicly | 6415 |
| proceed immediately to tabulate the bids upon duplicate sheets. No | 6416 |
| lease agreement shall be entered into until the bureau of workers' | 6417 |
| compensation has certified that the person to be awarded the lease | 6418 |
| agreement has complied with Chapter 4123. of the Revised Code, | 6419 |
| until, if the builder submitting the lowest and best bid is a | 6420 |
| foreign corporation, the secretary of state has certified that the | 6421 |
| corporation is authorized to do business in this state, until, if | 6422 |
| the builder submitting the lowest and best bid is a person | 6423 |
| nonresident of this state, the person has filed with the secretary | 6424 |
| of state a power of attorney designating the secretary of state as | 6425 |
| its agent for the purpose of accepting service of summons in any | 6426 |
| action brought under Chapter 4123. of the Revised Code, and until | 6427 |
| the agreement is submitted to the attorney general and the | 6428 |
| attorney general's approval is certified thereon. Within thirty | 6429 |
| days after the day on which the bids are received, the department | 6430 |
| shall investigate the bids received and shall determine that the | 6431 |
| bureau and the secretary of state have made the certifications | 6432 |
| required by this section of the builder who has submitted the | 6433 |
| lowest and best bid. Within ten days of the completion of the | 6434 |
| investigation of the bids, the department shall award the lease | 6435 |
| agreement to the builder who has submitted the lowest and best bid | 6436 |
| and who has been certified by the bureau and secretary of state as | 6437 |
| required by this section. If bidding for the lease agreement has | 6438 |
| been conducted upon the basis of basic plans, specifications, | 6439 |
| bills of materials, and estimates of costs, upon the award to the | 6440 |
| builder the department, or the builder with the approval of the | 6441 |
| department, shall appoint an architect or engineer licensed in | 6442 |
| this state to prepare such further detailed plans, specifications, | 6443 |
| and bills of materials as are required to construct the building, | 6444 |
| structure, or improvement. The department shall adopt such rules | 6445 |
| as are necessary to give effect to this section. The department | 6446 |
| may reject any bid. Where there is reason to believe there is | 6447 |
| collusion or combination among bidders, the bids of those | 6448 |
| concerned therein shall be rejected. | 6449 |
| (15) To acquire by purchase, gift, devise, or grant and to | 6450 |
| transfer, lease, or otherwise dispose of all real property | 6451 |
| required to assist in the development of a conversion facility as | 6452 |
| defined in section 5709.30 of the Revised Code as that section | 6453 |
| existed before its repeal by Amended Substitute House Bill 95 of | 6454 |
| the 125th general assembly; | 6455 |
| (16) To lease for a period not to exceed forty years, | 6456 |
| notwithstanding any other division of this section, the | 6457 |
| state-owned property located at 408-450 East Town Street, | 6458 |
| Columbus, Ohio, formerly the state school for the deaf, to a | 6459 |
| developer in accordance with this section. "Developer," as used in | 6460 |
| this section, has the same meaning as in section 123.77 of the | 6461 |
| Revised Code. | 6462 |
| Such a lease shall be for the purpose of development of the | 6463 |
| land for use by senior citizens by constructing, altering, | 6464 |
| renovating, repairing, expanding, and improving the site as it | 6465 |
| existed on June 25, 1982. A developer desiring to lease the land | 6466 |
| shall prepare for submission to the department a plan for | 6467 |
| development. Plans shall include provisions for roads, sewers, | 6468 |
| water lines, waste disposal, water supply, and similar matters to | 6469 |
| meet the requirements of state and local laws. The plans shall | 6470 |
| also include provision for protection of the property by insurance | 6471 |
| or otherwise, and plans for financing the development, and shall | 6472 |
| set forth details of the developer's financial responsibility. | 6473 |
| The department may employ, as employees or consultants, | 6474 |
| persons needed to assist in reviewing the development plans. Those | 6475 |
| persons may include attorneys, financial experts, engineers, and | 6476 |
| other necessary experts. The department shall review the | 6477 |
| development plans and may enter into a lease if it finds all of | 6478 |
| the following: | 6479 |
| (a) The best interests of the state will be promoted by | 6480 |
| entering into a lease with the developer; | 6481 |
| (b) The development plans are satisfactory; | 6482 |
| (c) The developer has established the developer's financial | 6483 |
| responsibility and satisfactory plans for financing the | 6484 |
| development. | 6485 |
| The lease shall contain a provision that construction or | 6486 |
| renovation of the buildings, roads, structures, and other | 6487 |
| necessary facilities shall begin within one year after the date of | 6488 |
| the lease and shall proceed according to a schedule agreed to | 6489 |
| between the department and the developer or the lease will be | 6490 |
| terminated. The lease shall contain such conditions and | 6491 |
| stipulations as the director considers necessary to preserve the | 6492 |
| best interest of the state. Moneys received by the state pursuant | 6493 |
| to this lease shall be paid into the general revenue fund. The | 6494 |
| lease shall provide that at the end of the lease period the | 6495 |
| buildings, structures, and related improvements shall become the | 6496 |
| property of the state without cost. | 6497 |
| (17) To lease to any person any tract of land owned by the | 6498 |
| state and under the control of the department, or any part of such | 6499 |
| a tract, for the purpose of drilling for or the pooling of oil or | 6500 |
| gas. Such a lease shall be granted for a period not exceeding | 6501 |
| forty years, with the full power to contract for, determine the | 6502 |
| conditions governing, and specify the amount the state shall | 6503 |
| receive for the purposes specified in the lease, and shall be | 6504 |
| prepared as in other cases. | 6505 |
| (18) To manage the use of space owned and controlled by the | 6506 |
| department, including space in property under the jurisdiction of | 6507 |
| the Ohio building authority, by doing all of the following: | 6508 |
| (a) Biennially implementing, by state agency location, a | 6509 |
| census of agency employees assigned space; | 6510 |
| (b) Periodically in the discretion of the director of | 6511 |
| administrative services: | 6512 |
| (i) Requiring each state agency to categorize the use of | 6513 |
| space allotted to the agency between office space, common areas, | 6514 |
| storage space, and other uses, and to report its findings to the | 6515 |
| department; | 6516 |
| (ii) Creating and updating a master space utilization plan | 6517 |
| for all space allotted to state agencies. The plan shall | 6518 |
| incorporate space utilization metrics. | 6519 |
| (iii) Conducting a cost-benefit analysis to determine the | 6520 |
| effectiveness of state-owned buildings; | 6521 |
| (iv) Assessing the alternatives associated with consolidating | 6522 |
| the commercial leases for buildings located in Columbus. | 6523 |
| (c) Commissioning a comprehensive space utilization and | 6524 |
| capacity study in order to determine the feasibility of | 6525 |
| consolidating existing commercially leased space used by state | 6526 |
| agencies into a new state-owned facility. | 6527 |
| (B) This section and section 125.02 of the Revised Code shall | 6528 |
| not interfere with any of the following: | 6529 |
| (1) The power of the adjutant general to purchase military | 6530 |
| supplies, or with the custody of the adjutant general of property | 6531 |
| leased, purchased, or constructed by the state and used for | 6532 |
| military purposes, or with the functions of the adjutant general | 6533 |
| as director of state armories; | 6534 |
| (2) The power of the director of transportation in acquiring | 6535 |
| rights-of-way for the state highway system, or the leasing of | 6536 |
| lands for division or resident district offices, or the leasing of | 6537 |
| lands or buildings required in the maintenance operations of the | 6538 |
| department of transportation, or the purchase of real property for | 6539 |
| garage sites or division or resident district offices, or in | 6540 |
| preparing plans and specifications for and constructing such | 6541 |
| buildings as the director may require in the administration of the | 6542 |
| department; | 6543 |
| (3) The power of the director of public safety and the | 6544 |
| registrar of motor vehicles to purchase or lease real property and | 6545 |
| buildings to be used solely as locations to which a deputy | 6546 |
| registrar is assigned pursuant to division (B) of section 4507.011 | 6547 |
| of the Revised Code and from which the deputy registrar is to | 6548 |
| conduct the deputy registrar's business, the power of the director | 6549 |
| of public safety to purchase or lease real property and buildings | 6550 |
| to be used as locations for division or district offices as | 6551 |
| required in the maintenance of operations of the department of | 6552 |
| public safety, and the power of the superintendent of the state | 6553 |
| highway patrol in the purchase or leasing of real property and | 6554 |
| buildings needed by the patrol, to negotiate the sale of real | 6555 |
| property owned by the patrol, to rent or lease real property owned | 6556 |
| or leased by the patrol, and to make or cause to be made repairs | 6557 |
| to all property owned or under the control of the patrol; | 6558 |
| (4) The power of the division of liquor control in the | 6559 |
| leasing or purchasing of retail outlets and warehouse facilities | 6560 |
| for the use of the division; | 6561 |
| (5) The power of the director of development to enter into | 6562 |
| leases of real property, buildings, and office space to be used | 6563 |
| solely as locations for the state's foreign offices to carry out | 6564 |
| the purposes of section 122.05 of the Revised Code; | 6565 |
| (6) The power of the director of environmental protection to | 6566 |
| enter into environmental covenants, to grant and accept easements, | 6567 |
| or to sell property pursuant to division (G) of section 3745.01 of | 6568 |
| the Revised Code. | 6569 |
| (C) Purchases for, and the custody and repair of, buildings | 6570 |
| under the management and control of the capitol square review and | 6571 |
| advisory board, the rehabilitation services commission, the bureau | 6572 |
| of workers' compensation, or the departments of public safety, job | 6573 |
| and family services, mental health, mental retardation and | 6574 |
| developmental disabilities, and rehabilitation and correction, and | 6575 |
| buildings of educational and benevolent institutions under the | 6576 |
| management and control of boards of trustees, are not subject to | 6577 |
| the control and jurisdiction of the department of administrative | 6578 |
| services. | 6579 |
| (D) Any instrument by which real property is acquired | 6580 |
| pursuant to this section shall identify the agency of the state | 6581 |
| that has the use and benefit of the real property as specified in | 6582 |
| section 5301.012 of the Revised Code. | 6583 |
| Sec. 123.152. (A) As used in this section, "EDGE business | 6584 |
| enterprise" means a sole proprietorship, association, partnership, | 6585 |
| corporation, limited liability corporation, or joint venture | 6586 |
| certified as a participant in the encouraging diversity, growth, | 6587 |
| and equity program by the director of administrative services | 6588 |
| under this section of the Revised Code. | 6589 |
| (B) The director of administrative services shall establish a | 6590 |
| business assistance program known as the encouraging diversity, | 6591 |
| growth, and equity program and shall adopt rules in accordance | 6592 |
| with Chapter 119. of the Revised Code to administer the program | 6593 |
| that do all of the following: | 6594 |
| (1) Establish procedures by which a sole proprietorship, | 6595 |
| association, partnership, corporation, limited liability | 6596 |
| corporation, or joint venture may apply for certification as an | 6597 |
| EDGE business enterprise; | 6598 |
| (2) Except as provided in division (B)(14) of this section, | 6599 |
| establish agency procurement goals, including procurement goals | 6600 |
| for the Ohio housing finance agency, the third frontier | 6601 |
| commission, and the clean Ohio council, for contracting with EDGE | 6602 |
| business enterprises in the award of contracts under Chapters | 6603 |
| 123., 125., and 153. of the Revised Code based on the availability | 6604 |
| of eligible program participants by region or geographic area, as | 6605 |
| determined by the director, and by standard industrial code or | 6606 |
| equivalent code classification. | 6607 |
| (a) Goals established under division (B)(2) of this section | 6608 |
| shall be based on a percentage level of participation and a | 6609 |
| percentage of contractor availability. | 6610 |
| (b) Goals established under division (B)(2) of this section | 6611 |
| shall be applied at the contract level, relative to an overall | 6612 |
| dollar goal for each state agency, in accordance with the | 6613 |
| following certification categories: construction, architecture, | 6614 |
| and engineering; professional services; goods and services; and | 6615 |
| information technology services. | 6616 |
| (3) Establish a system of certifying EDGE business | 6617 |
| enterprises based on a requirement that the business owner or | 6618 |
| owners show both social and economic disadvantage based on the | 6619 |
| following, as determined to be sufficient by the director: | 6620 |
| (a) Relative wealth of the business seeking certification as | 6621 |
| well as the personal wealth of the owner or owners of the | 6622 |
| business; | 6623 |
| (b) Social disadvantage based on any of the following: | 6624 |
| (i) A rebuttable presumption when the business owner or | 6625 |
| owners demonstrate membership in a racial minority group or show | 6626 |
| personal disadvantage due to color, ethnic origin, gender, | 6627 |
| physical disability, long-term residence in an environment | 6628 |
| isolated from the mainstream of American society, location in an | 6629 |
| area of high unemployment; | 6630 |
| (ii) Some other demonstration of personal disadvantage not | 6631 |
| common to other small businesses; | 6632 |
| (iii) By business location in a qualified census tract. | 6633 |
| (c) Economic disadvantage based on economic and business size | 6634 |
| thresholds and eligibility criteria designed to stimulate economic | 6635 |
| development through contract awards to businesses located in | 6636 |
| qualified census tracts. | 6637 |
| (4) Establish standards to determine when an EDGE business | 6638 |
| enterprise no longer qualifies for EDGE business enterprise | 6639 |
| certification; | 6640 |
| (5) Develop a process for evaluating and adjusting goals | 6641 |
| established by this section to determine what adjustments are | 6642 |
| necessary to achieve participation goals established by the | 6643 |
| director; | 6644 |
| (6) Establish a point system or comparable system to evaluate | 6645 |
| bid proposals to encourage EDGE business enterprises to | 6646 |
| participate in the procurement of professional design and | 6647 |
| information technology services; | 6648 |
| (7) Establish a system to track data and analyze each | 6649 |
| certification category established under division (B)(2)(b) of | 6650 |
| this section; | 6651 |
| (8) Establish a process to mediate complaints and to review | 6652 |
| EDGE business enterprise certification appeals; | 6653 |
| (9) Implement an outreach program to educate potential | 6654 |
| participants about the encouraging diversity, growth, and equity | 6655 |
| program; | 6656 |
| (10) Establish a system to assist state agencies in | 6657 |
| identifying and utilizing EDGE business enterprises in their | 6658 |
| contracting processes; | 6659 |
| (11) Implement a system of self-reporting by EDGE business | 6660 |
| enterprises as well as an on-site inspection process to validate | 6661 |
| the qualifications of an EDGE business enterprise; | 6662 |
| (12) Establish a waiver mechanism to waive program goals or | 6663 |
| participation requirements for those companies that, despite their | 6664 |
| best-documented efforts, are unable to contract with certified | 6665 |
| EDGE business enterprises; | 6666 |
| (13) Establish a process for monitoring overall program | 6667 |
| compliance in which equal employment opportunity officers | 6668 |
| primarily are responsible for monitoring their respective | 6669 |
| agencies; | 6670 |
| (14) Establish guidelines for state universities as defined | 6671 |
| in section 3345.011 of the Revised Code and the Ohio school | 6672 |
| facilities commission created in section 3318.30 of the Revised | 6673 |
| Code for awarding contracts pursuant to Chapters 153., 3318., and | 6674 |
| 3345. of the Revised Code to allow the universities and commission | 6675 |
| to establish agency procurement goals for contracting with EDGE | 6676 |
| business enterprises. | 6677 |
| In complying with divisions (B)(2) and (14) of this section, | 6678 |
| a state agency or state university or the Ohio housing finance | 6679 |
| agency, the third frontier commission, the clean Ohio council, or | 6680 |
| the Ohio school facilities commission shall comply with section | 6681 |
| 123.154 of the Revised Code. | 6682 |
| (C) Business and personal financial information and trade | 6683 |
| secrets submitted by encouraging diversity, growth, and equity | 6684 |
| program applicants to the director pursuant to this section are | 6685 |
| not public records for purposes of section 149.43 of the Revised | 6686 |
| Code, unless the director presents the financial information or | 6687 |
| trade secrets at a public hearing or public proceeding regarding | 6688 |
| the applicant's eligibility to participate in the program. | 6689 |
| Sec. 123.154. (A) Each state agency shall appoint an equal | 6690 |
| employment opportunity officer who shall be responsible for | 6691 |
| monitoring the agency's compliance with sections 123.151, 123.152, | 6692 |
| and 125.081 of the Revised Code and for reporting the level of the | 6693 |
| agency's compliance to the deputy director of the equal | 6694 |
| opportunity division of the department of administrative services. | 6695 |
| The equal employment opportunity officer for each state agency | 6696 |
| shall also do all of the following: | 6697 |
| (1) Analyze spending on goods, services, and construction | 6698 |
| projects for the officer's agency and determine any missed | 6699 |
| opportunities for the inclusion of certified minority business | 6700 |
| enterprise and EDGE business vendors; | 6701 |
| (2) Analyze the spending of the officer's agency with EDGE | 6702 |
| business enterprise vendors, as well as EDGE business enterprise | 6703 |
| vendor availability by regions of this state, and communicate the | 6704 |
| analysis to the department of administrative services so that the | 6705 |
| department may determine the appropriate EDGE business enterprise | 6706 |
| goal for each contract; | 6707 |
| (3) Report minority business enterprise or EDGE business | 6708 |
| enterprise enrollment for all contracts issued by the officer's | 6709 |
| agency to the deputy director of the equal opportunity division; | 6710 |
| (4) Implement a scorecard system that tracks compliance with | 6711 |
| minority business enterprise and EDGE business enterprise program | 6712 |
| requirements for the officer's agency; | 6713 |
| (5) Implement the outreach and training plan to ensure | 6714 |
| compliance by the officer's agency with minority business | 6715 |
| enterprise and EDGE business enterprise requirements; | 6716 |
| (6) Attend the semiannual training conducted by the deputy | 6717 |
| director of the equal opportunity division on minority business | 6718 |
| enterprise and EDGE business enterprise requirements; and | 6719 |
| (7) Participate in the annual compliance review conducted by | 6720 |
| the deputy director of the equal employment opportunity division | 6721 |
| and implement recommendations made by the deputy director as a | 6722 |
| result of the review process. | 6723 |
| The deputy director of the equal opportunity division shall | 6724 |
| develop the scorecard system and the outreach and training plan, | 6725 |
| shall conduct semiannual training on minority business enterprise | 6726 |
| and EDGE business enterprise requirements for equal employment | 6727 |
| opportunity officers, shall conduct an annual review of each state | 6728 |
| agency's compliance with minority business enterprise and EDGE | 6729 |
| business enterprise requirements, and shall make recommendations | 6730 |
| for improved compliance as a result of each review. | 6731 |
| (B) Each state agency shall ensure that all contracts the | 6732 |
| agency enters into for the purchase of goods and services contain | 6733 |
| provisions that do all of the following: | 6734 |
| (1) Prohibit contractors and subcontractors from engaging in | 6735 |
| discriminatory employment practices; | 6736 |
| (2) Certify that contractors and subcontractors are in | 6737 |
| compliance with all applicable federal and state laws and rules | 6738 |
| that govern fair labor and employment practices; and | 6739 |
| (3) Encourage contractors and subcontractors to purchase | 6740 |
| goods and services from certified minority business enterprise and | 6741 |
| EDGE business enterprise vendors. | 6742 |
| (C)(1) A state agency shall not issue an EDGE business | 6743 |
| enterprise waiver without doing all of the following: | 6744 |
| (a) Having all waivers reviewed by the agency's procurement | 6745 |
| officer, in collaboration with the agency's equal employment | 6746 |
| opportunity officer, who shall certify that each waiver the agency | 6747 |
| issues complies with criteria for granting the waiver; | 6748 |
| (b) Submitting quarterly reports to the equal opportunity | 6749 |
| division that lists each waiver the agency grants; | 6750 |
| (c) Permitting the equal opportunity division to complete its | 6751 |
| review of the agency's quarterly report and to conduct periodic | 6752 |
| audits of the agency's administration of the waiver process. | 6753 |
| The deputy director of the equal opportunity division shall | 6754 |
| review each quarterly report of EDGE business enterprise waivers | 6755 |
| and shall conduct periodic audits of each agency's administration | 6756 |
| of the waiver process. | 6757 |
| (2) If the deputy director of the equal opportunity division | 6758 |
| determines that a state agency has not properly administered the | 6759 |
| issuance of EDGE business enterprise waivers, subsequent waivers | 6760 |
| shall not be issued by that state agency without the authorization | 6761 |
| and approval of the deputy director. The deputy director may | 6762 |
| release a state agency from the approval process when the deputy | 6763 |
| director has determined that the agency has the ability to | 6764 |
| consistently administer the waiver process. | 6765 |
| (D) On the first day of October of each year, the deputy | 6766 |
| director of the equal opportunity division shall submit a written | 6767 |
| report to the governor, the speaker of the house of | 6768 |
| representatives, the president of the senate, and the minority | 6769 |
| leaders of the house of representatives and senate that describe | 6770 |
| the progress of state agencies in advancing the minority business | 6771 |
| enterprise and EDGE business enterprise programs, as well as any | 6772 |
| initiatives that have been implemented to increase the number of | 6773 |
| certified minority business enterprise and EDGE business | 6774 |
| enterprise vendors doing business with this state. | 6775 |
| Sec. 124.03. (A) The state personnel board of review shall | 6776 |
| exercise the following powers and perform the following duties: | 6777 |
| (1) Hear appeals, as provided by law, of employees in the | 6778 |
| classified state service from final decisions of appointing | 6779 |
| authorities or the director of administrative services relative to | 6780 |
| reduction in pay or position, job abolishments, layoff, | 6781 |
| suspension, discharge, assignment or reassignment to a new or | 6782 |
| different position classification, or refusal of the director, or | 6783 |
| anybody authorized to perform the director's functions, to | 6784 |
| reassign an employee to another classification or to reclassify | 6785 |
| the employee's position with or without a job audit under division | 6786 |
| (D) of section 124.14 of the Revised Code. As used in this | 6787 |
| division, "discharge" includes disability separations. | 6788 |
| The state personnel board of review may affirm, disaffirm, or | 6789 |
| modify the decisions of the appointing authorities or the | 6790 |
| director, as the case may be, and its decision is final. The | 6791 |
| 6792 | |
| consistent with the applicable classification specifications. | 6793 |
| The state personnel board of review shall not be deprived of | 6794 |
| jurisdiction to hear any appeal due to the failure of an | 6795 |
| appointing authority to file its decision with the board. Any | 6796 |
| final decision of an appointing authority or of the director not | 6797 |
| filed in the manner provided in this chapter shall be disaffirmed. | 6798 |
| The state personnel board of review may place an exempt | 6799 |
| employee, as defined in section 124.152 of the Revised Code, into | 6800 |
| a bargaining unit classification, if the state personnel board of | 6801 |
| review determines that the bargaining unit classification is the | 6802 |
| proper classification for that employee. Notwithstanding Chapter | 6803 |
| 4117. of the Revised Code or instruments and contracts negotiated | 6804 |
|
under it, such placements are at the
| 6805 |
| state personnel board of review. | 6806 |
| The mere failure of an employee's appointing authority to | 6807 |
| file a statement with the department of administrative services | 6808 |
| indicating that the employee is in the unclassified civil service, | 6809 |
| or the mere late filing of such a statement, does not prevent the | 6810 |
| state personnel board of review from determining that the employee | 6811 |
| is in the unclassified civil service. In determining whether an | 6812 |
| employee is in the unclassified civil service, the state personnel | 6813 |
| board of review shall consider the inherent nature of the duties | 6814 |
| of the employee's classification during the two-year period | 6815 |
| immediately preceding the appointing authority's appealable action | 6816 |
| relating to the employee. | 6817 |
| In any hearing before the state personnel board of review, | 6818 |
| including any hearing at which a record is taken that may be the | 6819 |
| basis of an appeal to a court, an employee may be represented by a | 6820 |
| person permitted to practice before the state personnel board of | 6821 |
| review who is not an attorney at law as long as the person does | 6822 |
| not receive any compensation from the employee for the | 6823 |
| representation. | 6824 |
| (2) Hear appeals, as provided by law, of appointing | 6825 |
| authorities from final decisions of the director relative to the | 6826 |
| classification or reclassification of any position in the | 6827 |
| classified state service under the jurisdiction of that | 6828 |
| appointing authority. The state personnel board of review may | 6829 |
| affirm, disaffirm, or modify the decisions of the director, and | 6830 |
|
its decision is final. The
| 6831 |
| personnel board of review shall be consistent with the applicable | 6832 |
| classification specifications. | 6833 |
| (3) Exercise the authority provided by section 124.40 of the | 6834 |
| Revised Code, for appointment, removal, and supervision of | 6835 |
| municipal and civil service township civil service commissions; | 6836 |
| (4) | 6837 |
| 6838 | |
|
employment relations board in the exercise of | 6839 |
|
performance of | 6840 |
|
personnel board | 6841 |
| 6842 | |
| 6843 | |
| 6844 | |
| 6845 |
| (5) Maintain a journal that shall be open to public | 6846 |
| inspection, in which it shall keep a record of all of its | 6847 |
| proceedings and of the vote of each of its members upon every | 6848 |
| action taken by it; | 6849 |
| (6) Adopt rules in accordance with Chapter 119. of the | 6850 |
| Revised Code relating to the procedure of the state personnel | 6851 |
| board of review in administering the laws it has the authority or | 6852 |
| duty to administer and for the purpose of invoking the | 6853 |
| jurisdiction of the state personnel board of review in hearing | 6854 |
| appeals of appointing authorities and employees in matters set | 6855 |
| forth in divisions (A)(1) and (2) of this section; | 6856 |
| (7) Subpoena and require the attendance and testimony of | 6857 |
| witnesses and the production of books, papers, public records, and | 6858 |
| other documentary evidence pertinent to any matter it has | 6859 |
| authority to investigate, inquire into, or hear in the same manner | 6860 |
| and to the same extent as provided by division (G) of section | 6861 |
| 124.09 of the Revised Code. All witness fees shall be paid in the | 6862 |
| manner set forth in that division. | 6863 |
| (B) The state personnel board of review shall exist as a | 6864 |
| separate entity within the administrative structure of the state | 6865 |
| employment relations board. | 6866 |
| (C) The state personnel board of review shall be funded by | 6867 |
| general revenue fund appropriations. All moneys received by the | 6868 |
| state personnel board of review for copies of documents, rule | 6869 |
| books, and transcriptions shall be paid into the state treasury to | 6870 |
|
the credit of the | 6871 |
|
publications, and grants
fund | 6872 |
| 6873 | |
| 4117.24 of the Revised Code. | 6874 |
| Sec. 124.04. In addition to those powers enumerated in | 6875 |
| Chapters 123. and 125. of the Revised Code and as provided | 6876 |
| elsewhere by law, the powers, duties, and functions of the | 6877 |
| department of administrative services not specifically vested in | 6878 |
| and assigned to, or to be performed by, the state personnel board | 6879 |
| of review are hereby vested in and assigned to, and shall be | 6880 |
| performed by, the director of administrative services. These | 6881 |
| powers, duties, and functions shall include, but shall not be | 6882 |
| limited to, the following powers, duties, and functions: | 6883 |
| (A) To prepare, conduct, and grade all competitive | 6884 |
| examinations for positions in the classified state service; | 6885 |
| (B) To prepare, conduct, and grade all noncompetitive | 6886 |
| examinations for positions in the classified state service; | 6887 |
| (C) To prepare eligible lists containing the names of persons | 6888 |
| qualified for appointment to positions in the classified state | 6889 |
| service; | 6890 |
| (D) To prepare or amend, in accordance with section 124.14 of | 6891 |
| the Revised Code, specifications descriptive of duties, | 6892 |
| responsibilities, requirements, and desirable qualifications of | 6893 |
| the various classifications of positions in the state service; | 6894 |
| (E) To allocate and reallocate, upon the motion of the | 6895 |
| director or upon request of an appointing authority and in | 6896 |
| accordance with section 124.14 of the Revised Code, any position, | 6897 |
| office, or employment in the state service to the appropriate | 6898 |
| classification on the basis of the duties, responsibilities, | 6899 |
| requirements, and qualifications of that position, office, or | 6900 |
| employment; | 6901 |
| (F) To develop and conduct personnel recruitment services for | 6902 |
| positions in the state service; | 6903 |
| (G) To conduct research on specifications, classifications, | 6904 |
| and salaries of positions in the state service; | 6905 |
| (H) To develop and conduct personnel training programs, | 6906 |
| including supervisory training programs and best practices plans, | 6907 |
| and to develop merit hiring processes, in cooperation with | 6908 |
| appointing authorities; | 6909 |
| (I) To include periodically in communications sent to state | 6910 |
| employees both of the following: | 6911 |
| (1) Information developed under section 2108.34 of the | 6912 |
| Revised Code promoting the donation of anatomical gifts under | 6913 |
| Chapter 2108. of the Revised Code; | 6914 |
| (2) Information about the liver or kidney donor and bone | 6915 |
| marrow donor leave granted under section 124.139 of the Revised | 6916 |
| Code. | 6917 |
| (J) To enter into agreements with universities and colleges | 6918 |
| for in-service training of officers and employees in the civil | 6919 |
| service and to assist appointing authorities in recruiting | 6920 |
| qualified applicants; | 6921 |
| (K) To appoint examiners, inspectors, clerks, and other | 6922 |
| assistants necessary in the exercise of the powers and performance | 6923 |
| of the duties and functions which the director is by law | 6924 |
| authorized and required to exercise and perform, and to prescribe | 6925 |
| the duties of all of those employees; | 6926 |
| (L) To maintain a journal, which shall be open to public | 6927 |
| inspection, in which the director shall keep a record of the | 6928 |
| director's final decision pertaining to the classification or | 6929 |
| reclassification of positions in the classified civil service of | 6930 |
| the state and assignment or reassignment of employees in the | 6931 |
| classified civil service of the state to specific position | 6932 |
| classifications; | 6933 |
| (M) To delegate any of the powers, functions, or duties | 6934 |
| granted or assigned to the director under this chapter to any | 6935 |
| other state agency of this state as the director considers | 6936 |
| necessary; | 6937 |
| (N) To delegate any of the powers, functions, or duties | 6938 |
| granted or assigned to the director under this chapter to any | 6939 |
| political subdivision with the concurrence of the legislative | 6940 |
| authority of the political subdivision. | 6941 |
| (O) To administer a state equal employment opportunity | 6942 |
| program. | 6943 |
| Sec. 124.07. (A) The director of administrative services | 6944 |
| shall appoint examiners, inspectors, clerks, and other assistants | 6945 |
| as necessary to carry out sections 124.01 to 124.64 of the Revised | 6946 |
| Code. The director may designate persons in or out of the service | 6947 |
| of the state to serve as examiners or assistants under the | 6948 |
| director's direction. An examiner or assistant shall receive the | 6949 |
| compensation for each day actually and necessarily spent in the | 6950 |
| discharge of duties as an examiner or assistant that the director | 6951 |
| determines; provided that, if the examiner or assistant is in the | 6952 |
| service of the state or any political subdivision of the state, it | 6953 |
| shall be a part of the examiner's or assistant's official duties | 6954 |
| to render those services in connection with an examination without | 6955 |
| extra compensation. | 6956 |
| (B) Each state agency shall pay the cost of the services and | 6957 |
| facilities furnished to it by the department of administrative | 6958 |
| services that are necessary to provide and maintain payroll | 6959 |
| services as prescribed in section 125.21 of the Revised Code and | 6960 |
| state merit standards as prescribed in sections 124.01 to 124.64 | 6961 |
| of the Revised Code for the agency. If a state-supported college | 6962 |
| or university or a municipal corporation chooses to use the | 6963 |
| services and facilities furnished by the department that are | 6964 |
| necessary to provide and maintain the services and standards so | 6965 |
| prescribed, the state-supported college or university or municipal | 6966 |
| corporation shall pay the cost of the services and facilities that | 6967 |
| the department furnishes to it. The charges against a state | 6968 |
| agency, a state-supported college or university, or a municipal | 6969 |
| corporation shall be computed on a reasonable cost basis in | 6970 |
| accordance with procedures prescribed by the director of budget | 6971 |
| and management. Any moneys the department receives from a state | 6972 |
| agency, a state-supported college or university, or a municipal | 6973 |
| corporation under this division that are in excess of the amount | 6974 |
| necessary to pay the cost of furnishing the department's services | 6975 |
| and facilities during any fiscal year shall be either refunded to | 6976 |
| or credited for the ensuing fiscal year to the state agency, the | 6977 |
| state-supported college or university, or the municipal | 6978 |
| corporation. | 6979 |
| (C) The director of administrative services may enter into an | 6980 |
| agreement with any county, municipal corporation, or other | 6981 |
| political subdivision to furnish services and facilities of the | 6982 |
| department in the administration of a merit program or other | 6983 |
| functions related to human resources that include, but are not | 6984 |
| limited to, providing competitive examinations for positions in | 6985 |
| the classified service. The agreement shall provide that the | 6986 |
| department shall be reimbursed for the reasonable costs of those | 6987 |
| services and facilities as determined by the director. | 6988 |
| (D) All moneys received by the department as reimbursement | 6989 |
|
for | 6990 |
| performed and facilities furnished under this section, such as | 6991 |
| competitive examinations administered, shall be paid into the | 6992 |
| state treasury to the credit of the human resources services fund, | 6993 |
| which is hereby created. | 6994 |
| (E) In counties of the state in which are located cities | 6995 |
| having municipal civil service commissions, the director of | 6996 |
| administrative services may designate the municipal civil service | 6997 |
| commission of the largest city within the county as the director's | 6998 |
| agent for the purpose of carrying out the provisions of sections | 6999 |
| 124.01 to 124.64 of the Revised Code, within the county, that the | 7000 |
| director designates. Each municipal civil service commission | 7001 |
| designated as an agent of the director shall render to the | 7002 |
| director, at the end of each month, an itemized statement of the | 7003 |
| cost incurred by the commission for work done as the agent of the | 7004 |
| director, and the director, after approving that statement, shall | 7005 |
| pay the total amount of it to the treasurer of the municipal | 7006 |
| corporation in the same manner as other expenses of the department | 7007 |
| of administrative services. | 7008 |
| (F) The director of administrative services and the | 7009 |
| examiners, inspectors, clerks, and assistants referred to in this | 7010 |
| section shall receive, in addition to their salaries, | 7011 |
| reimbursement for necessary traveling and other expenses incurred | 7012 |
| in the actual discharge of their official duties. The director may | 7013 |
| also incur the necessary expenses for stationery, printing, and | 7014 |
| other supplies incident to the business of the department. | 7015 |
| Sec. 124.11. The civil service of the state and the several | 7016 |
| counties, cities, civil service townships, city health districts, | 7017 |
| general health districts, and city school districts of the state | 7018 |
| shall be divided into the unclassified service and the classified | 7019 |
| service. | 7020 |
| (A) The unclassified service shall comprise the following | 7021 |
| positions, which shall not be included in the classified service, | 7022 |
| and which shall be exempt from all examinations required by this | 7023 |
| chapter: | 7024 |
| (1) All officers elected by popular vote or persons appointed | 7025 |
| to fill vacancies in those offices; | 7026 |
| (2) All election officers as defined in section 3501.01 of | 7027 |
| the Revised Code; | 7028 |
| (3)(a) The members of all boards and commissions, and heads | 7029 |
| of principal departments, boards, and commissions appointed by the | 7030 |
| governor or by and with the governor's consent; | 7031 |
| (b) The heads of all departments appointed by a board of | 7032 |
| county commissioners; | 7033 |
| (c) The members of all boards and commissions and all heads | 7034 |
| of departments appointed by the mayor, or, if there is no mayor, | 7035 |
| such other similar chief appointing authority of any city or city | 7036 |
| school district; | 7037 |
| Except as otherwise provided in division (A)(17) or (C) of | 7038 |
| this section, this chapter does not exempt the chiefs of police | 7039 |
| departments and chiefs of fire departments of cities or civil | 7040 |
| service townships from the competitive classified service. | 7041 |
| (4) The members of county or district licensing boards or | 7042 |
| commissions and boards of revision, and not more than five deputy | 7043 |
| county auditors; | 7044 |
| (5) All officers and employees elected or appointed by either | 7045 |
| or both branches of the general assembly, and employees of the | 7046 |
| city legislative authority engaged in legislative duties; | 7047 |
| (6) All commissioned, warrant, and noncommissioned officers | 7048 |
| and enlisted persons in the Ohio organized militia, including | 7049 |
| military appointees in the adjutant general's department; | 7050 |
| (7)(a) All presidents, business managers, administrative | 7051 |
| officers, superintendents, assistant superintendents, principals, | 7052 |
| deans, assistant deans, instructors, teachers, and such employees | 7053 |
| as are engaged in educational or research duties connected with | 7054 |
| the public school system, colleges, and universities, as | 7055 |
| determined by the governing body of the public school system, | 7056 |
| colleges, and universities; | 7057 |
| (b) The library staff of any library in the state supported | 7058 |
| wholly or in part at public expense. | 7059 |
| (8) Four clerical and administrative support employees for | 7060 |
| each of the elective state officers, four clerical and | 7061 |
| administrative support employees for each board of county | 7062 |
| commissioners and one such employee for each county commissioner, | 7063 |
| and four clerical and administrative support employees for other | 7064 |
| elective officers and each of the principal appointive executive | 7065 |
| officers, boards, or commissions, except for civil service | 7066 |
| commissions, that are authorized to appoint such clerical and | 7067 |
| administrative support employees; | 7068 |
| (9) The deputies and assistants of state agencies authorized | 7069 |
| to act for and on behalf of the agency, or holding a fiduciary or | 7070 |
| administrative relation to that agency and those persons employed | 7071 |
| by and directly responsible to elected county officials or a | 7072 |
| county administrator and holding a fiduciary or administrative | 7073 |
| relationship to such elected county officials or county | 7074 |
| administrator, and the employees of such county officials whose | 7075 |
| fitness would be impracticable to determine by competitive | 7076 |
| examination, provided that division (A)(9) of this section shall | 7077 |
| not affect those persons in county employment in the classified | 7078 |
| service as of September 19, 1961. Nothing in division (A)(9) of | 7079 |
| this section applies to any position in a county department of job | 7080 |
| and family services created pursuant to Chapter 329. of the | 7081 |
| Revised Code. | 7082 |
| (10) Bailiffs, constables, official stenographers, and | 7083 |
| commissioners of courts of record, deputies of clerks of the | 7084 |
| courts of common pleas who supervise or who handle public moneys | 7085 |
| or secured documents, and such officers and employees of courts of | 7086 |
| record and such deputies of clerks of the courts of common pleas | 7087 |
| as the director of administrative services finds it impracticable | 7088 |
| to determine their fitness by competitive examination; | 7089 |
| (11) Assistants to the attorney general, special counsel | 7090 |
| appointed or employed by the attorney general, assistants to | 7091 |
| county prosecuting attorneys, and assistants to city directors of | 7092 |
| law; | 7093 |
| (12) Such teachers and employees in the agricultural | 7094 |
| experiment stations; such students in normal schools, colleges, | 7095 |
| and universities of the state who are employed by the state or a | 7096 |
| political subdivision of the state in student or intern | 7097 |
| classifications; and such unskilled labor positions as the | 7098 |
| director of administrative services or any municipal civil service | 7099 |
| commission may find it impracticable to include in the competitive | 7100 |
| classified service; provided such exemptions shall be by order of | 7101 |
| the commission or the director, duly entered on the record of the | 7102 |
| commission or the director with the reasons for each such | 7103 |
| exemption; | 7104 |
| (13) Any physician or dentist who is a full-time employee of | 7105 |
| the department of mental health, the department of mental | 7106 |
| retardation and developmental disabilities, or an institution | 7107 |
| under the jurisdiction of either department; and physicians who | 7108 |
| are in residency programs at the institutions; | 7109 |
| (14) Up to twenty positions at each institution under the | 7110 |
| jurisdiction of the department of mental health or the department | 7111 |
| of mental retardation and developmental disabilities that the | 7112 |
| department director determines to be primarily administrative or | 7113 |
| managerial; and up to fifteen positions in any division of either | 7114 |
| department, excluding administrative assistants to the director | 7115 |
| and division chiefs, which are within the immediate staff of a | 7116 |
| division chief and which the director determines to be primarily | 7117 |
| and distinctively administrative and managerial; | 7118 |
| (15) Noncitizens of the United States employed by the state, | 7119 |
| or its counties or cities, as physicians or nurses who are duly | 7120 |
| licensed to practice their respective professions under the laws | 7121 |
| of this state, or medical assistants, in mental or chronic disease | 7122 |
| hospitals, or institutions; | 7123 |
| (16) Employees of the governor's office; | 7124 |
| (17) Fire chiefs and chiefs of police in civil service | 7125 |
| townships appointed by boards of township trustees under section | 7126 |
| 505.38 or 505.49 of the Revised Code; | 7127 |
| (18) Executive directors, deputy directors, and program | 7128 |
| directors employed by boards of alcohol, drug addiction, and | 7129 |
| mental health services under Chapter 340. of the Revised Code, and | 7130 |
| secretaries of the executive directors, deputy directors, and | 7131 |
| program directors; | 7132 |
| (19) Superintendents, and management employees as defined in | 7133 |
| section 5126.20 of the Revised Code, of county boards of mental | 7134 |
| retardation and developmental disabilities; | 7135 |
| (20) Physicians, nurses, and other employees of a county | 7136 |
| hospital who are appointed pursuant to sections 339.03 and 339.06 | 7137 |
| of the Revised Code; | 7138 |
| (21) The executive director of the state medical board, who | 7139 |
| is appointed pursuant to division (B) of section 4731.05 of the | 7140 |
| Revised Code; | 7141 |
| (22) County directors of job and family services as provided | 7142 |
| in section 329.02 of the Revised Code and administrators appointed | 7143 |
| under section 329.021 of the Revised Code; | 7144 |
| (23) A director of economic development who is hired pursuant | 7145 |
| to division (A) of section 307.07 of the Revised Code; | 7146 |
| (24) Chiefs of construction and compliance, of operations and | 7147 |
| maintenance, of worker protection, and of licensing and | 7148 |
|
certification in the division of
| 7149 |
| the department of commerce; | 7150 |
| (25) The executive director of a county transit system | 7151 |
| appointed under division (A) of section 306.04 of the Revised | 7152 |
| Code; | 7153 |
| (26) Up to five positions at each of the administrative | 7154 |
| departments listed in section 121.02 of the Revised Code and at | 7155 |
| the department of taxation, department of the adjutant general, | 7156 |
| department of education, Ohio board of regents, bureau of workers' | 7157 |
| compensation, industrial commission, state lottery commission, and | 7158 |
| public utilities commission of Ohio that the head of that | 7159 |
| administrative department or of that other state agency determines | 7160 |
| to be involved in policy development and implementation. The head | 7161 |
| of the administrative department or other state agency shall set | 7162 |
| the compensation for employees in these positions at a rate that | 7163 |
| is not less than the minimum compensation specified in pay range | 7164 |
| 41 but not more than the maximum compensation specified in pay | 7165 |
| range 44 of salary schedule E-2 in section 124.152 of the Revised | 7166 |
| Code. The authority to establish positions in the unclassified | 7167 |
| service under division (A)(26) of this section is in addition to | 7168 |
| and does not limit any other authority that an administrative | 7169 |
| department or state agency has under the Revised Code to establish | 7170 |
| positions, appoint employees, or set compensation. | 7171 |
| (27) Employees of the department of agriculture employed | 7172 |
| under section 901.09 of the Revised Code; | 7173 |
| (28) For cities, counties, civil service townships, city | 7174 |
| health districts, general health districts, and city school | 7175 |
| districts, the deputies and assistants of elective or principal | 7176 |
| executive officers authorized to act for and in the place of their | 7177 |
| principals or holding a fiduciary relation to their principals; | 7178 |
| (29) Employees who receive intermittent or temporary | 7179 |
| appointments under division (B) of section 124.30 of the Revised | 7180 |
| Code; | 7181 |
| (30) Employees appointed to administrative staff positions | 7182 |
| for which an appointing authority is given specific statutory | 7183 |
| authority to set compensation; | 7184 |
| (31) Employees appointed to highway patrol cadet or highway | 7185 |
| patrol cadet candidate classifications; | 7186 |
| (32) Employees placed in the unclassified service by another | 7187 |
| section of the Revised Code. | 7188 |
| (B) The classified service shall comprise all persons in the | 7189 |
| employ of the state and the several counties, cities, city health | 7190 |
| districts, general health districts, and city school districts of | 7191 |
| the state, not specifically included in the unclassified service. | 7192 |
| Upon the creation by the board of trustees of a civil service | 7193 |
| township civil service commission, the classified service shall | 7194 |
| also comprise, except as otherwise provided in division (A)(17) or | 7195 |
| (C) of this section, all persons in the employ of a civil service | 7196 |
| township police or fire department having ten or more full-time | 7197 |
| paid employees. The classified service consists of two classes, | 7198 |
| which shall be designated as the competitive class and the | 7199 |
| unskilled labor class. | 7200 |
| (1) The competitive class shall include all positions and | 7201 |
| employments in the state and the counties, cities, city health | 7202 |
| districts, general health districts, and city school districts of | 7203 |
| the state, and, upon the creation by the board of trustees of a | 7204 |
| civil service township of a township civil service commission, all | 7205 |
| positions in a civil service township police or fire department | 7206 |
| having ten or more full-time paid employees, for which it is | 7207 |
| practicable to determine the merit and fitness of applicants by | 7208 |
| competitive examinations. Appointments shall be made to, or | 7209 |
| employment shall be given in, all positions in the competitive | 7210 |
| class that are not filled by promotion, reinstatement, transfer, | 7211 |
| or reduction, as provided in this chapter, and the rules of the | 7212 |
| director of administrative services, by appointment from those | 7213 |
| certified to the appointing officer in accordance with this | 7214 |
| chapter. | 7215 |
| (2) The unskilled labor class shall include ordinary | 7216 |
| unskilled laborers. Vacancies in the labor class for positions in | 7217 |
| service of the state shall be filled by appointment from lists of | 7218 |
| applicants registered by the director. Vacancies in the labor | 7219 |
| class for all other positions shall be filled by appointment from | 7220 |
| lists of applicants registered by a commission. The director or | 7221 |
| the commission, as applicable, by rule, shall require an applicant | 7222 |
| for registration in the labor class to furnish evidence or take | 7223 |
| tests as the director or commission considers proper with respect | 7224 |
| to age, residence, physical condition, ability to labor, honesty, | 7225 |
| sobriety, industry, capacity, and experience in the work or | 7226 |
| employment for which application is made. Laborers who fulfill the | 7227 |
| requirements shall be placed on the eligible list for the kind of | 7228 |
| labor or employment sought, and preference shall be given in | 7229 |
| employment in accordance with the rating received from that | 7230 |
| evidence or in those tests. Upon the request of an appointing | 7231 |
| officer, stating the kind of labor needed, the pay and probable | 7232 |
| length of employment, and the number to be employed, the director | 7233 |
| or commission, as applicable, shall certify from the highest on | 7234 |
| the list double the number to be employed; from this number, the | 7235 |
| appointing officer shall appoint the number actually needed for | 7236 |
| the particular work. If more than one applicant receives the same | 7237 |
| rating, priority in time of application shall determine the order | 7238 |
| in which their names shall be certified for appointment. | 7239 |
| (C) A municipal or civil service township civil service | 7240 |
| commission may place volunteer firefighters who are paid on a | 7241 |
| fee-for-service basis in either the classified or the unclassified | 7242 |
| civil service. | 7243 |
| (D) This division does not apply to persons in the | 7244 |
| unclassified service who have the right to resume positions in the | 7245 |
| classified service under sections 4121.121, 5119.071, 5120.38, | 7246 |
| 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised | 7247 |
| Code. | 7248 |
| An appointing authority whose employees are paid directly by | 7249 |
| warrant of the director of budget and management may appoint a | 7250 |
|
person who holds a | 7251 |
| service within the appointing authority's agency to a position in | 7252 |
| the unclassified service within that agency. A person appointed | 7253 |
| pursuant to this division to a position in the unclassified | 7254 |
| service shall retain the right to resume the position and status | 7255 |
| held by the person in the classified service immediately prior to | 7256 |
| the person's appointment to the position in the unclassified | 7257 |
| service, regardless of the number of positions the person held in | 7258 |
| the unclassified service. An employee's right to resume a position | 7259 |
| in the classified service may only be exercised when an appointing | 7260 |
| authority demotes the employee to a pay range lower than the | 7261 |
| employee's current pay range or revokes the employee's appointment | 7262 |
| to the unclassified service. An employee forfeits the right to | 7263 |
| resume a position in the classified service when the employee is | 7264 |
| removed from the position in the unclassified service due to | 7265 |
| incompetence, inefficiency, dishonesty, drunkenness, immoral | 7266 |
| conduct, insubordination, discourteous treatment of the public, | 7267 |
| neglect of duty, violation of this chapter or the rules of the | 7268 |
| director of administrative services, any other failure of good | 7269 |
| behavior, any other acts of misfeasance, malfeasance, or | 7270 |
| nonfeasance in office, or conviction of a felony. An employee also | 7271 |
| forfeits the right to resume a position in the classified service | 7272 |
| upon transfer to a different agency. | 7273 |
| Reinstatement to a position in the classified service shall | 7274 |
| be to a position substantially equal to that position in the | 7275 |
| classified service held previously, as certified by the director | 7276 |
| of administrative services. If the position the person previously | 7277 |
| held in the classified service has been placed in the unclassified | 7278 |
| service or is otherwise unavailable, the person shall be appointed | 7279 |
| to a position in the classified service within the appointing | 7280 |
| authority's agency that the director of administrative services | 7281 |
| certifies is comparable in compensation to the position the person | 7282 |
| previously held in the classified service. Service in the position | 7283 |
| in the unclassified service shall be counted as service in the | 7284 |
| position in the classified service held by the person immediately | 7285 |
| prior to the person's appointment to the position in the | 7286 |
| unclassified service. When a person is reinstated to a position in | 7287 |
| the classified service as provided in this division, the person is | 7288 |
| entitled to all rights, status, and benefits accruing to the | 7289 |
| position in the classified service during the person's time of | 7290 |
| service in the position in the unclassified service. | 7291 |
| Sec. 124.134. (A) Each full-time permanent state employee | 7292 |
| paid in accordance with section 124.152 of the Revised Code and | 7293 |
| those employees listed in divisions (B)(2) and (4) of section | 7294 |
|
124.14 of
the Revised Code | 7295 |
| 7296 | |
| 7297 | |
| 7298 | |
| 7299 | |
| 7300 | |
| 7301 | |
| 7302 | |
| 7303 | |
| 7304 | |
| 7305 | |
| 7306 | |
| 7307 | |
| 7308 | |
| 7309 | |
| 7310 | |
| 7311 | |
| 7312 | |
| 7313 | |
| 7314 | |
| 7315 | |
| 7316 | |
| 7317 | |
| 7318 | |
| 7319 | |
| 7320 | |
| 7321 | |
| 7322 | |
| 7323 | |
| to length of service and accruing at a corresponding rate per | 7324 |
| biweekly pay period, as follows: | 7325 |
| Length of Service | Accrual Rate Per Pay Period | 7326 | |
| Less than 4 years | 3.1 hours | 7327 | |
| 4 but less than 9 years | 4.6 hours | 7328 | |
| 9 but less than 14 years | 6.2 hours | 7329 | |
| 14 but less than 19 years | 6.9 hours | 7330 | |
| 19 but less than 24 years | 7.7 hours | 7331 | |
| 24 years or more | 9.2 hours | 7332 |
| Fifty-two weeks equal one year of service. | 7333 |
| The amount of an employee's service shall be determined in | 7334 |
| accordance with the standard specified in section 9.44 of the | 7335 |
| Revised Code. Credit for prior service, including an increased | 7336 |
| vacation accrual rate and longevity supplement, shall take effect | 7337 |
| during the first pay period that begins immediately following the | 7338 |
| date the director of administrative services approves granting | 7339 |
| credit for that prior service. No employee, other than an employee | 7340 |
| who submits proof of prior service within ninety days after the | 7341 |
| date of the employee's hiring, shall receive any amount of | 7342 |
| vacation leave for the period prior to the date of the director's | 7343 |
| approval of the grant of credit for prior service. | 7344 |
| Part-time permanent employees who are paid in accordance with | 7345 |
| section 124.152 of the Revised Code and full-time permanent | 7346 |
| employees subject to this section who are in active pay status for | 7347 |
| less than eighty hours in a pay period shall earn vacation leave | 7348 |
| on a prorated basis. The ratio between the hours worked and the | 7349 |
| vacation hours earned by these classes of employees shall be the | 7350 |
| same as the ratio between the hours worked and the vacation hours | 7351 |
| earned by a full-time permanent employee with the same amount of | 7352 |
| service as provided for in this section. | 7353 |
| Vacation leave is not available for use until it appears on | 7354 |
| the employee's earning statement and the compensation described in | 7355 |
| the earning statement is available to the employee. An employee | 7356 |
| may begin using accrued vacation leave upon completion of the | 7357 |
| employee's initial probation period. | 7358 |
| (B) Employees granted leave under this section shall forfeit | 7359 |
| their right to take or to be paid for any vacation leave to their | 7360 |
| credit which is in excess of the accrual for three years. Any | 7361 |
| excess leave shall be eliminated from the employees' leave | 7362 |
| balance. If an employee's vacation leave credit is at, or will | 7363 |
| reach in the immediately following pay period, the maximum of the | 7364 |
| accrual for three years and the employee has been denied the use | 7365 |
| of vacation leave during the immediately preceding twelve months, | 7366 |
| the employee, at the employee's request, shall be paid in a pay | 7367 |
| period for the vacation leave the employee was denied, up to the | 7368 |
| maximum amount the employee would be entitled to be paid for in | 7369 |
| any pay period. An employee is not entitled to receive payment for | 7370 |
| vacation leave denied in any pay period in which the employee's | 7371 |
| vacation leave credit is not at, or will not reach in the | 7372 |
| immediately following pay period, the maximum of accrual for three | 7373 |
| years. Any vacation leave for which an employee receives payment | 7374 |
| shall be deducted from the employee's vacation leave balance. | 7375 |
| Payment shall not be made for any leave accrued in the same | 7376 |
| calendar year in which the payment is made. | 7377 |
| (C) Upon separation from state service, an employee granted | 7378 |
| leave under this section is entitled to compensation at the | 7379 |
| employee's current rate of pay for all unused vacation leave | 7380 |
| accrued under this section or section 124.13 of the Revised Code | 7381 |
| to the employee's credit. In case of transfer of an employee from | 7382 |
| one state agency to another, the employee shall retain the accrued | 7383 |
| and unused vacation leave. In case of the death of an employee, | 7384 |
| the unused vacation leave shall be paid in accordance with section | 7385 |
| 2113.04 of the Revised Code, or to the employee's estate. An | 7386 |
| employee serving in a temporary work level who is eligible to | 7387 |
| receive compensation under this division shall be compensated at | 7388 |
| the base rate of pay of the employee's normal classification. | 7389 |
| Sec. 124.14. (A)(1) The director of administrative services | 7390 |
| shall establish, and may modify or rescind, by rule, a job | 7391 |
| classification plan for all positions, offices, and employments | 7392 |
| the salaries of which are paid in whole or in part by the state. | 7393 |
| The director shall group jobs within a classification so that the | 7394 |
| positions are similar enough in duties and responsibilities to be | 7395 |
| described by the same title, to have the same pay assigned with | 7396 |
| equity, and to have the same qualifications for selection applied. | 7397 |
| The director shall, by rule, assign a classification title to each | 7398 |
| classification within the classification plan. However, the | 7399 |
| director shall consider in establishing classifications, including | 7400 |
| classifications with parenthetical titles, and assigning pay | 7401 |
| ranges such factors as duties performed only on one shift, special | 7402 |
| skills in short supply in the labor market, recruitment problems, | 7403 |
| separation rates, comparative salary rates, the amount of training | 7404 |
| required, and other conditions affecting employment. The director | 7405 |
| shall describe the duties and responsibilities of the class, | 7406 |
| establish the qualifications for being employed in each position | 7407 |
| in the class, and file with the secretary of state a copy of | 7408 |
| specifications for all of the classifications. The director shall | 7409 |
| file new, additional, or revised specifications with the secretary | 7410 |
| of state before they are used. | 7411 |
| The director shall, by rule, assign each classification, | 7412 |
| either on a statewide basis or in particular counties or state | 7413 |
| institutions, to a pay range established under section 124.15 or | 7414 |
| section 124.152 of the Revised Code. The director may assign a | 7415 |
| classification to a pay range on a temporary basis for a period of | 7416 |
| six months. The director may establish, by rule adopted under | 7417 |
| Chapter 119. of the Revised Code, experimental classification | 7418 |
| plans for some or all employees paid directly by warrant of the | 7419 |
| director of budget and management. The rule shall include | 7420 |
| specifications for each classification within the plan and shall | 7421 |
| specifically address compensation ranges, and methods for | 7422 |
| advancing within the ranges, for the classifications, which may be | 7423 |
| assigned to pay ranges other than the pay ranges established under | 7424 |
| section 124.15 or 124.152 of the Revised Code. | 7425 |
| (2) The director of administrative services may reassign to a | 7426 |
| proper classification those positions that have been assigned to | 7427 |
| an improper classification. If the compensation of an employee in | 7428 |
| such a reassigned position exceeds the maximum rate of pay for the | 7429 |
| employee's new classification, the employee shall be placed in pay | 7430 |
| step X and shall not receive an increase in compensation until the | 7431 |
| maximum rate of pay for that classification exceeds the employee's | 7432 |
| compensation. | 7433 |
| (3) The director may reassign an exempt employee, as defined | 7434 |
| in section 124.152 of the Revised Code, to a bargaining unit | 7435 |
| classification if the director determines that the bargaining unit | 7436 |
| classification is the proper classification for that employee. | 7437 |
| Notwithstanding Chapter 4117. of the Revised Code or instruments | 7438 |
| and contracts negotiated under it, these placements are at the | 7439 |
| director's discretion. | 7440 |
| (4) The director shall, by rule, assign related | 7441 |
| classifications, which form a career progression, to a | 7442 |
| classification series. The director shall, by rule, assign each | 7443 |
| classification in the classification plan a five-digit number, the | 7444 |
| first four digits of which shall denote the classification series | 7445 |
| to which the classification is assigned. When a career progression | 7446 |
| encompasses more than ten classifications, the director shall, by | 7447 |
| rule, identify the additional classifications belonging to a | 7448 |
| classification series. The additional classifications shall be | 7449 |
| part of the classification series, notwithstanding the fact that | 7450 |
| the first four digits of the number assigned to the additional | 7451 |
| classifications do not correspond to the first four digits of the | 7452 |
| numbers assigned to other classifications in the classification | 7453 |
| series. | 7454 |
| (5) The director | 7455 |
| 7456 | |
| establish, modify, or rescind | 7457 |
| agencies that elect not to use the services and facilities of a | 7458 |
| county personnel department. The director shall establish any such | 7459 |
| classification plan by means of rules adopted under Chapter 119. | 7460 |
| of the Revised Code. The rules shall include a methodology for the | 7461 |
| establishment of titles unique to county agencies, the use of | 7462 |
| state classification titles and classification specifications for | 7463 |
| common positions, the criteria for a county to meet in | 7464 |
| establishing its own classification plan, and the establishment of | 7465 |
| what constitutes a classification series for county agencies. The | 7466 |
| director may assess a county agency that chooses to use the | 7467 |
| classification plan a usage fee the director determines. All usage | 7468 |
| fees the department of administrative services receives shall be | 7469 |
| paid into the state treasury to the credit of the human resources | 7470 |
| fund created in section 124.07 of the Revised Code. | 7471 |
| (B) Division (A) of this section and sections 124.15 and | 7472 |
| 124.152 of the Revised Code do not apply to the following persons, | 7473 |
| positions, offices, and employments: | 7474 |
| (1) Elected officials; | 7475 |
| (2) Legislative employees, employees of the legislative | 7476 |
| service commission, employees in the office of the governor, | 7477 |
| employees who are in the unclassified civil service and exempt | 7478 |
| from collective bargaining coverage in the office of the secretary | 7479 |
| of state, auditor of state, treasurer of state, and attorney | 7480 |
| general, and employees of the supreme court; | 7481 |
| (3) Employees of a county children services board that | 7482 |
| establishes compensation rates under section 5153.12 of the | 7483 |
| Revised Code; | 7484 |
| (4) Any position for which the authority to determine | 7485 |
| compensation is given by law to another individual or entity; | 7486 |
| (5) Employees of the bureau of workers' compensation whose | 7487 |
| compensation the administrator of workers' compensation | 7488 |
| establishes under division (B) of section 4121.121 of the Revised | 7489 |
| Code. | 7490 |
| (C) The director may employ a consulting agency to aid and | 7491 |
| assist the director in carrying out this section. | 7492 |
| (D)(1) When the director proposes to modify a classification | 7493 |
| or the assignment of classes to appropriate pay ranges, the | 7494 |
| director shall send written notice of the proposed rule to the | 7495 |
| appointing authorities of the affected employees thirty days | 7496 |
| before a hearing on the proposed rule. The appointing authorities | 7497 |
| shall notify the affected employees regarding the proposed rule. | 7498 |
| The director also shall send those appointing authorities notice | 7499 |
| of any final rule that is adopted within ten days after adoption. | 7500 |
| (2) When the director proposes to reclassify any employee so | 7501 |
| that the employee is adversely affected, the director shall give | 7502 |
| to the employee affected and to the employee's appointing | 7503 |
| authority a written notice setting forth the proposed new | 7504 |
| classification, pay range, and salary. Upon the request of any | 7505 |
| classified employee who is not serving in a probationary period, | 7506 |
| the director shall perform a job audit to review the | 7507 |
| classification of the employee's position to determine whether the | 7508 |
| position is properly classified. The director shall give to the | 7509 |
| employee affected and to the employee's appointing authority a | 7510 |
| written notice of the director's determination whether or not to | 7511 |
| reclassify the position or to reassign the employee to another | 7512 |
| classification. An employee or appointing authority desiring a | 7513 |
| hearing shall file a written request for the hearing with the | 7514 |
| state personnel board of review within thirty days after receiving | 7515 |
| the notice. The board shall set the matter for a hearing and | 7516 |
| notify the employee and appointing authority of the time and place | 7517 |
| of the hearing. The employee, the appointing authority, or any | 7518 |
| authorized representative of the employee who wishes to submit | 7519 |
| facts for the consideration of the board shall be afforded | 7520 |
| reasonable opportunity to do so. After the hearing, the board | 7521 |
| shall consider anew the reclassification and may order the | 7522 |
| reclassification of the employee and require the director to | 7523 |
| assign the employee to such appropriate classification as the | 7524 |
| facts and evidence warrant. As provided in division (A)(1) of | 7525 |
| section 124.03 of the Revised Code, the board may determine the | 7526 |
| most appropriate classification for the position of any employee | 7527 |
| coming before the board, with or without a job audit. The board | 7528 |
| shall disallow any reclassification or reassignment classification | 7529 |
| of any employee when it finds that changes have been made in the | 7530 |
| duties and responsibilities of any particular employee for | 7531 |
| political, religious, or other unjust reasons. | 7532 |
| (E)(1) Employees of each county department of job and family | 7533 |
| services shall be paid a salary or wage established by the board | 7534 |
| of county commissioners. The provisions of section 124.18 of the | 7535 |
| Revised Code concerning the standard work week apply to employees | 7536 |
| of county departments of job and family services. A board of | 7537 |
| county commissioners may do either of the following: | 7538 |
| (a) Notwithstanding any other section of the Revised Code, | 7539 |
| supplement the sick leave, vacation leave, personal leave, and | 7540 |
| other benefits of any employee of the county department of job and | 7541 |
| family services of that county, if the employee is eligible for | 7542 |
| the supplement under a written policy providing for the | 7543 |
| supplement; | 7544 |
| (b) Notwithstanding any other section of the Revised Code, | 7545 |
| establish alternative schedules of sick leave, vacation leave, | 7546 |
| personal leave, or other benefits for employees not inconsistent | 7547 |
| with the provisions of a collective bargaining agreement covering | 7548 |
| the affected employees. | 7549 |
| (2) Division (E)(1) of this section does not apply to | 7550 |
| employees for whom the state employment relations board | 7551 |
| establishes appropriate bargaining units pursuant to section | 7552 |
| 4117.06 of the Revised Code, except in either of the following | 7553 |
| situations: | 7554 |
| (a) The employees for whom the state employment relations | 7555 |
| board establishes appropriate bargaining units elect no | 7556 |
| representative in a board-conducted representation election. | 7557 |
| (b) After the state employment relations board establishes | 7558 |
| appropriate bargaining units for such employees, all employee | 7559 |
| organizations withdraw from a representation election. | 7560 |
| (F)(1) Notwithstanding any contrary provision of sections | 7561 |
| 124.01 to 124.64 of the Revised Code, the board of trustees of | 7562 |
| each state university or college, as defined in section 3345.12 of | 7563 |
| the Revised Code, shall carry out all matters of governance | 7564 |
| involving the officers and employees of the university or college, | 7565 |
| including, but not limited to, the powers, duties, and functions | 7566 |
| of the department of administrative services and the director of | 7567 |
| administrative services specified in this chapter. Officers and | 7568 |
| employees of a state university or college shall have the right of | 7569 |
| appeal to the state personnel board of review as provided in this | 7570 |
| chapter. | 7571 |
| (2) Each board of trustees shall adopt rules under section | 7572 |
| 111.15 of the Revised Code to carry out the matters of governance | 7573 |
| described in division (F)(1) of this section. Until the board of | 7574 |
| trustees adopts those rules, a state university or college shall | 7575 |
| continue to operate pursuant to the applicable rules adopted by | 7576 |
| the director of administrative services under this chapter. | 7577 |
| (G)(1) Each board of county commissioners may, by a | 7578 |
| resolution adopted by a majority of its members, establish a | 7579 |
| county personnel department to exercise the powers, duties, and | 7580 |
| functions specified in division (G) of this section. As used in | 7581 |
| division (G) of this section, "county personnel department" means | 7582 |
| a county personnel department established by a board of county | 7583 |
| commissioners under division (G)(1) of this section. | 7584 |
| (2)(a) Each board of county commissioners, by a resolution | 7585 |
| adopted by a majority of its members, may designate the county | 7586 |
| personnel department of the county to exercise the powers, duties, | 7587 |
|
and functions | 7588 |
| 7589 | |
| to 124.64 and Chapter 325. of the Revised Code with regard to | 7590 |
| employees in the service of the county, except for the powers and | 7591 |
| duties of the state personnel board of review, which powers and | 7592 |
| duties shall not be construed as having been modified or | 7593 |
| diminished in any manner by division (G)(2) of this section, with | 7594 |
| respect to the employees for whom the board of county | 7595 |
| commissioners is the appointing authority or co-appointing | 7596 |
|
authority. | 7597 |
| 7598 | |
| 7599 | |
| 7600 | |
| 7601 | |
| 7602 |
| (b) | 7603 |
| 7604 | |
| 7605 | |
| 7606 | |
| 7607 | |
| 7608 | |
| 7609 |
| | 7610 |
| construed to limit the right of any employee who possesses the | 7611 |
| right of appeal to the state personnel board of review to continue | 7612 |
| to possess that right of appeal. | 7613 |
| | 7614 |
| a county personnel department may contract with the department of | 7615 |
| administrative services, another political subdivision, or an | 7616 |
| appropriate public or private entity to provide competitive | 7617 |
| testing services or other appropriate services. | 7618 |
| (3) After the county personnel department of a county has | 7619 |
| 7620 | |
| 7621 | |
| 7622 | |
| section, any elected official, board, agency, or other appointing | 7623 |
| authority of that county, upon written notification to the | 7624 |
| 7625 | |
| services and facilities of the county personnel department. Upon | 7626 |
| 7627 | |
| receipt of the notification by the county personnel department, | 7628 |
| the county personnel department shall exercise the powers, duties, | 7629 |
|
and functions | 7630 |
| 7631 | |
| respect to the employees of that elected official, board, agency, | 7632 |
|
or other appointing authority.
| 7633 |
| 7634 | |
| 7635 | |
| 7636 | |
| 7637 | |
| 7638 | |
| 7639 |
| (4) | 7640 |
| 7641 | |
| commissioners, by a resolution adopted by a majority of its | 7642 |
|
members, may disband the county
personnel department | 7643 |
| 7644 | |
| 7645 | |
| 7646 | |
| 7647 | |
| 7648 | |
| 7649 | |
| 7650 | |
| 7651 | |
| 7652 | |
| 7653 |
| (5) | 7654 |
| 7655 | |
| Any elected official, board, agency, or appointing authority of a | 7656 |
|
county may | 7657 |
| 7658 | |
| 7659 | |
| 7660 | |
| 7661 | |
| 7662 | |
| 7663 | |
| 7664 | |
| 7665 | |
| 7666 | |
| 7667 | |
| 7668 | |
| 7669 | |
| 7670 | |
| involvement with a county personnel department upon actual receipt | 7671 |
| by the department of a certified copy of the notification that | 7672 |
| contains the decision to no longer participate. | 7673 |
| (6) The director of administrative services may, by rule | 7674 |
|
adopted in accordance with
Chapter 119. of the Revised Code, | 7675 |
|
prescribe criteria and
procedures for | 7676 |
| 7677 | |
| 7678 | |
| 7679 | |
| 7680 | |
| 7681 | |
| 7682 |
| | 7683 |
| 7684 | |
| 7685 | |
| 7686 |
| | 7687 |
| in carrying out its duties, adhere to merit system principles with | 7688 |
| regard to employees of county departments of job and family | 7689 |
| services, child support enforcement agencies, and public child | 7690 |
| welfare agencies so that there is no threatened loss of federal | 7691 |
| funding for these agencies, and a requirement that the county be | 7692 |
| financially liable to the state for any loss of federal funds due | 7693 |
| to the action or inaction of the county personnel department. The | 7694 |
| costs associated with audits conducted to monitor compliance with | 7695 |
|
division (G)(6) | 7696 |
| reimbursed to
the department of administrative services | 7697 |
| 7698 | |
| receives for these audits shall be paid into the state treasury to | 7699 |
| the credit of the human resources fund created in section 124.07 | 7700 |
| of the Revised Code. | 7701 |
| | 7702 |
| 7703 | |
| 7704 | |
| 7705 |
| | 7706 |
| services to conduct periodic audits and reviews of county | 7707 |
|
personnel departments to guarantee the uniform application of
| 7708 |
| 7709 | |
| pursuant to division (G)(2)(a) of this section. The costs of the | 7710 |
|
audits and reviews shall be | 7711 |
|
department
of administrative services | 7712 |
| director by the county for which the services are performed. All | 7713 |
| money the department receives shall be paid into the state | 7714 |
| treasury to the credit of the human resources fund created in | 7715 |
| section 124.07 of the Revised Code. | 7716 |
| | 7717 |
| 7718 | |
| 7719 | |
| 7720 | |
| 7721 | |
| 7722 | |
| 7723 |
| (H) The director of administrative services shall establish | 7724 |
| the rate and method of compensation for all employees who are paid | 7725 |
| directly by warrant of the director of budget and management and | 7726 |
| who are serving in positions that the director of administrative | 7727 |
| services has determined impracticable to include in the state job | 7728 |
| classification plan. This division does not apply to elected | 7729 |
| officials, legislative employees, employees of the legislative | 7730 |
| service commission, employees who are in the unclassified civil | 7731 |
| service and exempt from collective bargaining coverage in the | 7732 |
| office of the secretary of state, auditor of state, treasurer of | 7733 |
| state, and attorney general, employees of the courts, employees of | 7734 |
| the bureau of workers' compensation whose compensation the | 7735 |
| administrator of workers' compensation establishes under division | 7736 |
| (B) of section 4121.121 of the Revised Code, or employees of an | 7737 |
| appointing authority authorized by law to fix the compensation of | 7738 |
| those employees. | 7739 |
| (I) The director shall set the rate of compensation for all | 7740 |
| intermittent, seasonal, temporary, emergency, and casual employees | 7741 |
| in the service of the state who are not considered public | 7742 |
| employees under section 4117.01 of the Revised Code. Those | 7743 |
| employees are not entitled to receive employee benefits. This rate | 7744 |
| of compensation shall be equitable in terms of the rate of | 7745 |
| employees serving in the same or similar classifications. This | 7746 |
| division does not apply to elected officials, legislative | 7747 |
| employees, employees of the legislative service commission, | 7748 |
| employees who are in the unclassified civil service and exempt | 7749 |
| from collective bargaining coverage in the office of the secretary | 7750 |
| of state, auditor of state, treasurer of state, and attorney | 7751 |
| general, employees of the courts, employees of the bureau of | 7752 |
| workers' compensation whose compensation the administrator | 7753 |
| establishes under division (B) of section 4121.121 of the Revised | 7754 |
| Code, or employees of an appointing authority authorized by law to | 7755 |
| fix the compensation of those employees. | 7756 |
| Sec. 124.15. (A) Board and commission members appointed | 7757 |
| prior to July 1, 1991, shall be paid a salary or wage in | 7758 |
| accordance with the following schedules of rates: | 7759 |
| Schedule B | 7760 |
| 7761 | |
| Range | Step 1 | Step 2 | Step 3 | Step 4 | 7762 | ||
| 23 | Hourly | 5.72 | 5.91 | 6.10 | 6.31 | 7763 | |
| Annually | 11897.60 | 12292.80 | 12688.00 | 13124.80 | 7764 | ||
| Step 5 | Step 6 | 7765 | |||||
| Hourly | 6.52 | 6.75 | 7766 | ||||
| Annually | 13561.60 | 14040.00 | 7767 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 7768 | |||
| 24 | Hourly | 6.00 | 6.20 | 6.41 | 6.63 | 7769 | |
| Annually | 12480.00 | 12896.00 | 13332.80 | 13790.40 | 7770 | ||
| Step 5 | Step 6 | 7771 | |||||
| Hourly | 6.87 | 7.10 | 7772 | ||||
| Annually | 14289.60 | 14768.00 | 7773 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 7774 | |||
| 25 | Hourly | 6.31 | 6.52 | 6.75 | 6.99 | 7775 | |
| Annually | 13124.80 | 13561.60 | 14040.00 | 14539.20 | 7776 | ||
| Step 5 | Step 6 | 7777 | |||||
| Hourly | 7.23 | 7.41 | 7778 | ||||
| Annually | 15038.40 | 15412.80 | 7779 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 7780 | |||
| 26 | Hourly | 6.63 | 6.87 | 7.10 | 7.32 | 7781 | |
| Annually | 13790.40 | 14289.60 | 14768.00 | 15225.60 | 7782 | ||
| Step 5 | Step 6 | 7783 | |||||
| Hourly | 7.53 | 7.77 | 7784 | ||||
| Annually | 15662.40 | 16161.60 | 7785 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 7786 | |||
| 27 | Hourly | 6.99 | 7.23 | 7.41 | 7.64 | 7787 | |
| Annually | 14534.20 | 15038.40 | 15412.80 | 15891.20 | 7788 | ||
| Step 5 | Step 6 | Step 7 | 7789 | ||||
| Hourly | 7.88 | 8.15 | 8.46 | 7790 | |||
| Annually | 16390.40 | 16952.00 | 17596.80 | 7791 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7792 | |||
| 28 | Hourly | 7.41 | 7.64 | 7.88 | 8.15 | 7793 | |
| Annually | 15412.80 | 15891.20 | 16390.40 | 16952.00 | 7794 | ||
| Step 5 | Step 6 | Step 7 | 7795 | ||||
| Hourly | 8.46 | 8.79 | 9.15 | 7796 | |||
| Annually | 17596.80 | 18283.20 | 19032.00 | 7797 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7798 | |||
| 29 | Hourly | 7.88 | 8.15 | 8.46 | 8.79 | 7799 | |
| Annually | 16390.40 | 16952.00 | 17596.80 | 18283.20 | 7800 | ||
| Step 5 | Step 6 | Step 7 | 7801 | ||||
| Hourly | 9.15 | 9.58 | 10.01 | 7802 | |||
| Annually | 19032.00 | 19926.40 | 20820.80 | 7803 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7804 | |||
| 30 | Hourly | 8.46 | 8.79 | 9.15 | 9.58 | 7805 | |
| Annually | 17596.80 | 18283.20 | 19032.00 | 19926.40 | 7806 | ||
| Step 5 | Step 6 | Step 7 | 7807 | ||||
| Hourly | 10.01 | 10.46 | 10.99 | 7808 | |||
| Annually | 20820.80 | 21756.80 | 22859.20 | 7809 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7810 | |||
| 31 | Hourly | 9.15 | 9.58 | 10.01 | 10.46 | 7811 | |
| Annually | 19032.00 | 19962.40 | 20820.80 | 21756.80 | 7812 | ||
| Step 5 | Step 6 | Step 7 | 7813 | ||||
| Hourly | 10.99 | 11.52 | 12.09 | 7814 | |||
| Annually | 22859.20 | 23961.60 | 25147.20 | 7815 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7816 | |||
| 32 | Hourly | 10.01 | 10.46 | 10.99 | 11.52 | 7817 | |
| Annually | 20820.80 | 21756.80 | 22859.20 | 23961.60 | 7818 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7819 | |||
| Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 7820 | ||
| Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 7821 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 7822 | |||
| 33 | Hourly | 10.99 | 11.52 | 12.09 | 12.68 | 7823 | |
| Annually | 22859.20 | 23961.60 | 25147.20 | 26374.40 | 7824 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7825 | |||
| Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 7826 | ||
| Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 7827 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 7828 | |||
| 34 | Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 7829 | |
| Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 7830 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7831 | |||
| Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 7832 | ||
| Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 7833 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 7834 | |||
| 35 | Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 7835 | |
| Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 7836 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7837 | |||
| Hourly | 16.11 | 16.91 | 17.73 | 18.62 | 7838 | ||
| Annually | 33508.80 | 35172.80 | 36878.40 | 38729.60 | 7839 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 7840 | |||
| 36 | Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 7841 | |
| Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 7842 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7843 | |||
| Hourly | 17.73 | 18.62 | 19.54 | 20.51 | 7844 | ||
| Annually | 36878.40 | 38729.60 | 40643.20 | 42660.80 | 7845 |
| Schedule C | 7846 |
| 7847 | |
| Range | Minimum | Maximum | 7848 | ||
| 41 Hourly | 10.44 | 15.72 | 7849 | ||
| Annually | 21715.20 | 32697.60 | 7850 | ||
| 42 Hourly | 11.51 | 17.35 | 7851 | ||
| Annually | 23940.80 | 36088.00 | 7852 | ||
| 43 Hourly | 12.68 | 19.12 | 7853 | ||
| Annually | 26374.40 | 39769.60 | 7854 | ||
| 44 Hourly | 13.99 | 20.87 | 7855 | ||
| Annually | 29099.20 | 43409.60 | 7856 | ||
| 45 Hourly | 15.44 | 22.80 | 7857 | ||
| Annually | 32115.20 | 47424.00 | 7858 | ||
| 46 Hourly | 17.01 | 24.90 | 7859 | ||
| Annually | 35380.80 | 51792.00 | 7860 | ||
| 47 Hourly | 18.75 | 27.18 | 7861 | ||
| Annually | 39000.00 | 56534.40 | 7862 | ||
| 48 Hourly | 20.67 | 29.69 | 7863 | ||
| Annually | 42993.60 | 61755.20 | 7864 | ||
| 49 Hourly | 22.80 | 32.06 | 7865 | ||
| Annually | 47424.00 | 66684.80 | 7866 | ||
| (B) The pay schedule of all employees shall be on a biweekly | 7867 |
| basis, with amounts computed on an hourly basis. | 7868 |
| (C) Part-time employees shall be compensated on an hourly | 7869 |
| basis for time worked, at the rates shown in division (A) of this | 7870 |
| section or in section 124.152 of the Revised Code. | 7871 |
| (D) The salary and wage rates in division (A) of this section | 7872 |
| or in section 124.152 of the Revised Code represent base rates of | 7873 |
| compensation and may be augmented by the provisions of section | 7874 |
| 124.181 of the Revised Code. In those cases where lodging, meals, | 7875 |
| laundry, or other personal services are furnished an employee in | 7876 |
| the service of the state, the actual costs or fair market value of | 7877 |
| the personal services shall be paid by the employee in such | 7878 |
| amounts and manner as determined by the director of administrative | 7879 |
| services and approved by the director of budget and management, | 7880 |
| and those personal services shall not be considered as a part of | 7881 |
| the employee's compensation. An appointing authority that appoints | 7882 |
| employees in the service of the state, with the approval of the | 7883 |
| director of administrative services and the director of budget and | 7884 |
| management, may establish payments to employees for uniforms, | 7885 |
| tools, equipment, and other requirements of the department and | 7886 |
| payments for the maintenance of them. | 7887 |
| The director of administrative services may review collective | 7888 |
| bargaining agreements entered into under Chapter 4117. of the | 7889 |
| Revised Code that cover employees in the service of the state and | 7890 |
| determine whether certain benefits or payments provided to the | 7891 |
| employees covered by those agreements should also be provided to | 7892 |
| employees in the service of the state who are exempt from | 7893 |
| collective bargaining coverage and are paid in accordance with | 7894 |
| section 124.152 of the Revised Code or are listed in division | 7895 |
| (B)(2) or (4) of section 124.14 of the Revised Code. On completing | 7896 |
| the review, the director of administrative services, with the | 7897 |
| approval of the director of budget and management, may provide to | 7898 |
| some or all of these employees any payment or benefit, except for | 7899 |
| salary, contained in such a collective bargaining agreement even | 7900 |
| if it is similar to a payment or benefit already provided by law | 7901 |
| to some or all of these employees. Any payment or benefit so | 7902 |
| provided shall not exceed the highest level for that payment or | 7903 |
| benefit specified in such a collective bargaining agreement. The | 7904 |
| director of administrative services shall not provide, and the | 7905 |
| director of budget and management shall not approve, any payment | 7906 |
| or benefit to such an employee under this division unless the | 7907 |
| payment or benefit is provided pursuant to a collective bargaining | 7908 |
| agreement to a state employee who is in a position with similar | 7909 |
| duties as, is supervised by, or is employed by the same appointing | 7910 |
| authority as, the employee to whom the benefit or payment is to be | 7911 |
| provided. | 7912 |
| As used in this division, "payment or benefit already | 7913 |
| provided by law" includes, but is not limited to, bereavement, | 7914 |
| personal, vacation, administrative, and sick leave, disability | 7915 |
| benefits, holiday pay, and pay supplements provided under the | 7916 |
| Revised Code, but does not include wages or salary. | 7917 |
| (E) New employees paid in accordance with schedule B of | 7918 |
| division (A) of this section or schedule E-1 of section 124.152 of | 7919 |
| the Revised Code shall be employed at the minimum rate established | 7920 |
| for the range unless otherwise provided. Employees with | 7921 |
| qualifications that are beyond the minimum normally required for | 7922 |
| the position and that are determined by the director to be | 7923 |
| exceptional may be employed in, or may be transferred or promoted | 7924 |
| to, a position at an advanced step of the range. Further, in time | 7925 |
| of a serious labor market condition when it is relatively | 7926 |
| impossible to recruit employees at the minimum rate for a | 7927 |
| particular classification, the entrance rate may be set at an | 7928 |
| advanced step in the range by the director of administrative | 7929 |
| services. This rate may be limited to geographical regions of the | 7930 |
| state. Appointments made to an advanced step under the provision | 7931 |
| regarding exceptional qualifications shall not affect the step | 7932 |
| assignment of employees already serving. However, anytime the | 7933 |
| hiring rate of an entire classification is advanced to a higher | 7934 |
| step, all incumbents of that classification being paid at a step | 7935 |
| lower than that being used for hiring, shall be advanced beginning | 7936 |
| at the start of the first pay period thereafter to the new hiring | 7937 |
| rate, and any time accrued at the lower step will be used to | 7938 |
| calculate advancement to a succeeding step. If the hiring rate of | 7939 |
| a classification is increased for only a geographical region of | 7940 |
| the state, only incumbents who work in that geographical region | 7941 |
| shall be advanced to a higher step. When an employee in the | 7942 |
| unclassified service changes from one state position to another or | 7943 |
| is appointed to a position in the classified service, or if an | 7944 |
| employee in the classified service is appointed to a position in | 7945 |
| the unclassified service, the employee's salary or wage in the new | 7946 |
| position shall be determined in the same manner as if the employee | 7947 |
| were an employee in the classified service. When an employee in | 7948 |
| the unclassified service who is not eligible for step increases is | 7949 |
| appointed to a classification in the classified service under | 7950 |
| which step increases are provided, future step increases shall be | 7951 |
| based on the date on which the employee last received a pay | 7952 |
| increase. If the employee has not received an increase during the | 7953 |
| previous year, the date of the appointment to the classified | 7954 |
| service shall be used to determine the employee's annual step | 7955 |
| advancement eligibility date. In reassigning any employee to a | 7956 |
| classification resulting in a pay range increase or to a new pay | 7957 |
| range as a result of a promotion, an increase pay range | 7958 |
| adjustment, or other classification change resulting in a pay | 7959 |
| range increase, the director shall assign such employee to the | 7960 |
| step in the new pay range that will provide an increase of | 7961 |
| approximately four per cent if the new pay range can accommodate | 7962 |
| the increase. When an employee is being assigned to a | 7963 |
| classification or new pay range as the result of a class plan | 7964 |
| change, if the employee has completed a probationary period, the | 7965 |
| employee shall be placed in a step no lower than step two of the | 7966 |
| new pay range. If the employee has not completed a probationary | 7967 |
| period, the employee may be placed in step one of the new pay | 7968 |
| range. Such new salary or wage shall become effective on such date | 7969 |
| as the director determines. | 7970 |
| (F) If employment conditions and the urgency of the work | 7971 |
| require such action, the director of administrative services may, | 7972 |
| upon the application of a department head, authorize payment at | 7973 |
| any rate established within the range for the class of work, for | 7974 |
| work of a casual or intermittent nature or on a project basis. | 7975 |
| Payment at such rates shall not be made to the same individual for | 7976 |
| more than three calendar months in any one calendar year. Any such | 7977 |
| action shall be subject to the approval of the director of budget | 7978 |
| and management as to the availability of funds. This section and | 7979 |
| sections 124.14 and 124.152 of the Revised Code do not repeal any | 7980 |
| authority of any department or public official to contract with or | 7981 |
| fix the compensation of professional persons who may be employed | 7982 |
| temporarily for work of a casual nature or for work on a project | 7983 |
| basis. | 7984 |
| (G)(1) Except as provided in | 7985 |
| (3) of this section, each state employee paid in accordance with | 7986 |
| schedule B of this section or schedule E-1 of section 124.152 of | 7987 |
| the Revised Code shall be eligible for advancement to succeeding | 7988 |
| steps in the range for the employee's class or grade according to | 7989 |
| the schedule established in this division. Beginning on the first | 7990 |
| day of the pay period within which the employee completes the | 7991 |
| prescribed probationary period in the employee's classification | 7992 |
| with the state, each employee shall receive an automatic salary | 7993 |
| adjustment equivalent to the next higher step within the pay | 7994 |
| range for the employee's class or grade. | 7995 |
| | 7996 |
| section, each employee paid in accordance with schedule E-1 of | 7997 |
| section 124.152 of the Revised Code shall be eligible to advance | 7998 |
| to the next higher step until the employee reaches the top step | 7999 |
| in the range for the employee's class or grade, if the employee | 8000 |
| has maintained satisfactory performance in accordance with | 8001 |
| criteria established by the employee's appointing authority. Those | 8002 |
| step advancements shall not occur more frequently than once in | 8003 |
| any twelve-month period. | 8004 |
| | 8005 |
| 8006 | |
| 8007 | |
| When an employee is promoted, the step entry date shall be set to | 8008 |
| account for a probationary period. When an employee is reassigned | 8009 |
| to a higher pay range, the step entry date shall be set to allow | 8010 |
| an employee who is not at the highest step of the range to receive | 8011 |
| a step advancement one year from the reassignment date. Step | 8012 |
| advancement shall not be affected by demotion. A promoted | 8013 |
| employee shall advance to the next higher step of the pay range on | 8014 |
| the first day of the pay period in which the required probationary | 8015 |
| period is completed. Step advancement shall become effective at | 8016 |
| the beginning of the pay period within which the employee attains | 8017 |
| the necessary length of service. Time spent on authorized leave of | 8018 |
| absence shall be counted for this purpose. | 8019 |
| If determined to be in the best interest of the state | 8020 |
| service, the director of administrative services may, either | 8021 |
| statewide or in selected agencies, adjust the dates on which | 8022 |
| annual step advancements are received by employees paid in | 8023 |
| accordance with schedule E-1 of section 124.152 of the Revised | 8024 |
| Code. | 8025 |
| (2)(a) | 8026 |
| 8027 | |
|
advancements
under division (G)(1) of this section | 8028 |
| 8029 | |
| 8030 | |
|
shall resume with the pay period beginning
| 8031 |
| 2011. Upon the resumption of step advancements, there shall be no | 8032 |
| retroactive step advancements for the period the moratorium was | 8033 |
| in effect. The moratorium shall not affect an employee's | 8034 |
| performance evaluation schedule. | 8035 |
| | 8036 |
| 8037 | |
| 8038 | |
| 8039 | |
| 8040 | |
| 8041 | |
| probationary period before June 21, 2009, shall advance to the | 8042 |
| next step in the employee's pay range at the end of probation, and | 8043 |
| then become subject to the moratorium. An employee who is hired, | 8044 |
| promoted, or reassigned to a higher pay range between June 21, | 8045 |
| 2009, through June 20, 2011, shall not advance to the next step in | 8046 |
| the employee's pay range until the next anniversary of the | 8047 |
| employee's date of hire, promotion, or reassignment that occurs on | 8048 |
| or after June 21, 2011. | 8049 |
| (b) The moratorium under division (G)(2)(a) | 8050 |
| section shall apply to the employees of the secretary of state, | 8051 |
| the auditor of state, the treasurer of state, and the attorney | 8052 |
| general, who are subject to this section unless the secretary of | 8053 |
| state, the auditor of state, the treasurer of state, or the | 8054 |
| attorney general decides to exempt the office's employees from the | 8055 |
| moratorium and so notifies the director of administrative services | 8056 |
|
in writing on or before | 8057 |
| (3) Employees in intermittent positions shall be employed at | 8058 |
| the minimum rate established for the pay range for their | 8059 |
| classification and are not eligible for step advancements. | 8060 |
| (H) Employees in appointive managerial or professional | 8061 |
| positions paid in accordance with schedule C of this section or | 8062 |
| schedule E-2 of section 124.152 of the Revised Code may be | 8063 |
| appointed at any rate within the appropriate pay range. This rate | 8064 |
| of pay may be adjusted higher or lower within the respective pay | 8065 |
| range at any time the appointing authority so desires as long as | 8066 |
| the adjustment is based on the employee's ability to successfully | 8067 |
| administer those duties assigned to the employee. Salary | 8068 |
| adjustments shall not be made more frequently than once in any | 8069 |
| six-month period under this provision to incumbents holding the | 8070 |
| same position and classification. | 8071 |
| (I) When an employee is assigned to duty outside this state, | 8072 |
| the employee may be compensated, upon request of the department | 8073 |
| head and with the approval of the director of administrative | 8074 |
| services, at a rate not to exceed fifty per cent in excess of the | 8075 |
| employee's current base rate for the period of time spent on that | 8076 |
| duty. | 8077 |
| (J) Unless compensation for members of a board or commission | 8078 |
| is otherwise specifically provided by law, the director of | 8079 |
| administrative services shall establish the rate and method of | 8080 |
| payment for members of boards and commissions pursuant to the pay | 8081 |
| schedules listed in section 124.152 of the Revised Code. | 8082 |
| (K) Regular full-time employees in positions assigned to | 8083 |
| classes within the instruction and education administration series | 8084 |
| under the rules of the director of administrative services, except | 8085 |
| certificated employees on the instructional staff of the state | 8086 |
| school for the blind or the state school for the deaf, whose | 8087 |
| positions are scheduled to work on the basis of an academic year | 8088 |
| rather than a full calendar year, shall be paid according to the | 8089 |
| pay range assigned by such rules but only during those pay periods | 8090 |
| included in the academic year of the school where the employee is | 8091 |
| located. | 8092 |
| (1) Part-time or substitute teachers or those whose period of | 8093 |
| employment is other than the full academic year shall be | 8094 |
| compensated for the actual time worked at the rate established by | 8095 |
| this section. | 8096 |
| (2) Employees governed by this division are exempt from | 8097 |
| sections 124.13 and 124.19 of the Revised Code. | 8098 |
| (3) Length of service for the purpose of determining | 8099 |
| eligibility for step advancements as provided by division (G) of | 8100 |
| this section and for the purpose of determining eligibility for | 8101 |
| longevity pay supplements as provided by division (E) of section | 8102 |
| 124.181 of the Revised Code shall be computed on the basis of one | 8103 |
| full year of service for the completion of each academic year. | 8104 |
| (L) The superintendent of the state school for the deaf and | 8105 |
| the superintendent of the state school for the blind shall, | 8106 |
| subject to the approval of the superintendent of public | 8107 |
| instruction, carry out both of the following: | 8108 |
| (1) Annually, between the first day of April and the last day | 8109 |
| of June, establish for the ensuing fiscal year a schedule of | 8110 |
| hourly rates for the compensation of each certificated employee on | 8111 |
| the instructional staff of that superintendent's respective school | 8112 |
| constructed as follows: | 8113 |
| (a) Determine for each level of training, experience, and | 8114 |
| other professional qualification for which an hourly rate is set | 8115 |
| forth in the current schedule, the per cent that rate is of the | 8116 |
| rate set forth in such schedule for a teacher with a bachelor's | 8117 |
| degree and no experience. If there is more than one such rate for | 8118 |
| such a teacher, the lowest rate shall be used to make the | 8119 |
| computation. | 8120 |
| (b) Determine which six city, local, and exempted village | 8121 |
| school districts with territory in Franklin county have in effect | 8122 |
| on, or have adopted by, the first day of April for the school year | 8123 |
| that begins on the ensuing first day of July, teacher salary | 8124 |
| schedules with the highest minimum salaries for a teacher with a | 8125 |
| bachelor's degree and no experience; | 8126 |
| (c) Divide the sum of such six highest minimum salaries by | 8127 |
| ten thousand five hundred sixty; | 8128 |
| (d) Multiply each per cent determined in division (L)(1)(a) | 8129 |
| of this section by the quotient obtained in division (L)(1)(c) of | 8130 |
| this section; | 8131 |
| (e) One hundred five per cent of each product thus obtained | 8132 |
| shall be the hourly rate for the corresponding level of training, | 8133 |
| experience, or other professional qualification in the schedule | 8134 |
| for the ensuing fiscal year. | 8135 |
| (2) Annually, assign each certificated employee on the | 8136 |
| instructional staff of the superintendent's respective school to | 8137 |
| an hourly rate on the schedule that is commensurate with the | 8138 |
| employee's training, experience, and other professional | 8139 |
| qualifications. | 8140 |
| If an employee is employed on the basis of an academic year, | 8141 |
| the employee's annual salary shall be calculated by multiplying | 8142 |
| the employee's assigned hourly rate times one thousand seven | 8143 |
| hundred sixty. If an employee is not employed on the basis of an | 8144 |
| academic year, the employee's annual salary shall be calculated in | 8145 |
| accordance with the following formula: | 8146 |
| (a) Multiply the number of days the employee is required to | 8147 |
| work pursuant to the employee's contract by eight; | 8148 |
| (b) Multiply the product of division (L)(2)(a) of this | 8149 |
| section by the employee's assigned hourly rate. | 8150 |
| Each employee shall be paid an annual salary in biweekly | 8151 |
| installments. The amount of each installment shall be calculated | 8152 |
| by dividing the employee's annual salary by the number of biweekly | 8153 |
| installments to be paid during the year. | 8154 |
| Sections 124.13 and 124.19 of the Revised Code do not apply | 8155 |
| to an employee who is paid under this division. | 8156 |
| As used in this division, "academic year" means the number of | 8157 |
| days in each school year that the schools are required to be open | 8158 |
| for instruction with pupils in attendance. Upon completing an | 8159 |
| academic year, an employee paid under this division shall be | 8160 |
| deemed to have completed one year of service. An employee paid | 8161 |
| under this division is eligible to receive a pay supplement under | 8162 |
| division (L)(1), (2), or (3) of section 124.181 of the Revised | 8163 |
| Code for which the employee qualifies, but is not eligible to | 8164 |
| receive a pay supplement under division (L)(4) or (5) of that | 8165 |
| section. An employee paid under this division is eligible to | 8166 |
| receive a pay supplement under division (L)(6) of section 124.181 | 8167 |
| of the Revised Code for which the employee qualifies, except that | 8168 |
| the supplement is not limited to a maximum of five per cent of the | 8169 |
| employee's regular base salary in a calendar year. | 8170 |
| (M) Division (A) of this section does not apply to "exempt | 8171 |
| employees," as defined in section 124.152 of the Revised Code, who | 8172 |
| are paid under that section. | 8173 |
| Notwithstanding any other provisions of this chapter, when an | 8174 |
| employee transfers between bargaining units or transfers out of or | 8175 |
| into a bargaining unit, the director of administrative services | 8176 |
| shall establish the employee's compensation and adjust the maximum | 8177 |
| leave accrual schedule as the director deems equitable. | 8178 |
| Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) | 8179 |
| and (3) of this section, each exempt employee shall be paid a | 8180 |
| salary or wage in accordance with schedule E-1 or schedule E-2 of | 8181 |
|
division (B) | 8182 |
| (2) Each exempt employee who holds a position in the | 8183 |
| unclassified civil service pursuant to division (A)(26) or (30) of | 8184 |
| section 124.11 of the Revised Code may be paid a salary or wage in | 8185 |
| accordance with schedule E-1, schedule E-1 for step seven only, or | 8186 |
|
schedule E-2 of division (B) | 8187 |
| this section, as applicable. | 8188 |
| (3)(a) Except as provided in division (A)(3)(b) of this | 8189 |
| section, each exempt employee who was paid a salary or wage at | 8190 |
| step 7 in the employee's pay range on June 28, 2003, in accordance | 8191 |
| with the applicable schedule E-1 of former section 124.152 of the | 8192 |
| Revised Code and who continued to be so paid on June 29, 2003, | 8193 |
| shall be paid a salary or wage in the corresponding pay range in | 8194 |
|
schedule E-1 for step seven only of division | 8195 |
|
of
this section | 8196 |
| remains in the position the employee held as of July 1, 2003. | 8197 |
| (b) Except as provided in division (A)(3)(c) of this section, | 8198 |
| if an exempt employee who is being paid a salary or wage in | 8199 |
|
accordance with schedule E-1 for step seven only of division
| 8200 |
| 8201 | |
| position, the employee shall not receive a salary or wage for | 8202 |
| that position or any other position in the future in accordance | 8203 |
| with that schedule. | 8204 |
| (c) If an exempt employee who is being paid a salary or wage | 8205 |
| in accordance with schedule E-1 for step seven only of division | 8206 |
| 8207 | |
| another position assigned to pay range 12 or above, the | 8208 |
| appointing authority may assign the employee to be paid a salary | 8209 |
| or wage in the appropriate pay range for that position in | 8210 |
|
accordance with
the | 8211 |
| of division (C) of this section, provided that the appointing | 8212 |
| authority so notifies the director of administrative services in | 8213 |
| writing at the time the employee is appointed to that position. | 8214 |
| (B) | 8215 |
| 8216 | |
| 8217 | |
| 8218 | |
| 8219 |
| 8220 | |
| 8221 | |
| 8222 | |||||||||||
| 8223 | |||||||||||
| 8224 | |||||||||||
| 8225 | |||||||||||
| 8226 | |||||||||||
| 8227 | |||||||||||
| 8228 | |||||||||||
| 8229 | |||||||||||
| 8230 | |||||||||||
| 8231 | |||||||||||
| 8232 | |||||||||||
| 8233 | |||||||||||
| 8234 | |||||||||||
| 8235 | |||||||||||
| 8236 | |||||||||||
| 8237 | |||||||||||
| 8238 | |||||||||||
| 8239 | |||||||||||
| 8240 | |||||||||||
| 8241 | |||||||||||
| 8242 | |||||||||||
| 8243 | |||||||||||
| 8244 | |||||||||||
| 8245 | |||||||||||
| 8246 | |||||||||||
| 8247 | |||||||||||
| 8248 | |||||||||||
| 8249 | |||||||||||
| 8250 | |||||||||||
| 8251 | |||||||||||
| 8252 | |||||||||||
| 8253 | |||||||||||
| 8254 | |||||||||||
| 8255 | |||||||||||
| 8256 | |||||||||||
| 8257 | |||||||||||
| 8258 | |||||||||||
| 8259 |
| 8260 | |
| 8261 | ||||||||
| 8262 | ||||||||
| 8263 | ||||||||
| 8264 | ||||||||
| 8265 | ||||||||
| 8266 | ||||||||
| 8267 | ||||||||
| 8268 | ||||||||
| 8269 | ||||||||
| 8270 | ||||||||
| 8271 | ||||||||
| 8272 | ||||||||
| 8273 | ||||||||
| 8274 | ||||||||
| 8275 | ||||||||
| 8276 | ||||||||
| 8277 | ||||||||
| 8278 | ||||||||
| 8279 |
| | 8280 |
| 8281 | |
| 8282 | |
| 8283 | |
| 8284 |
| 8285 | |
| 8286 | |
| 8287 | |||||||||||
| 8288 | |||||||||||
| 8289 | |||||||||||
| 8290 | |||||||||||
| 8291 | |||||||||||
| 8292 | |||||||||||
| 8293 | |||||||||||
| 8294 | |||||||||||
| 8295 | |||||||||||
| 8296 | |||||||||||
| 8297 | |||||||||||
| 8298 | |||||||||||
| 8299 | |||||||||||
| 8300 | |||||||||||
| 8301 | |||||||||||
| 8302 | |||||||||||
| 8303 | |||||||||||
| 8304 | |||||||||||
| 8305 | |||||||||||
| 8306 | |||||||||||
| 8307 | |||||||||||
| 8308 | |||||||||||
| 8309 | |||||||||||
| 8310 | |||||||||||
| 8311 | |||||||||||
| 8312 | |||||||||||
| 8313 | |||||||||||
| 8314 | |||||||||||
| 8315 | |||||||||||
| 8316 | |||||||||||
| 8317 | |||||||||||
| 8318 | |||||||||||
| 8319 | |||||||||||
| 8320 | |||||||||||
| 8321 | |||||||||||
| 8322 | |||||||||||
| 8323 | |||||||||||
| 8324 |
| 8325 | |
| 8326 | ||||||||
| 8327 | ||||||||
| 8328 | ||||||||
| 8329 | ||||||||
| 8330 | ||||||||
| 8331 | ||||||||
| 8332 | ||||||||
| 8333 | ||||||||
| 8334 | ||||||||
| 8335 | ||||||||
| 8336 | ||||||||
| 8337 | ||||||||
| 8338 | ||||||||
| 8339 | ||||||||
| 8340 | ||||||||
| 8341 | ||||||||
| 8342 | ||||||||
| 8343 | ||||||||
| 8344 |
| | 8345 |
| includes July 1, 2008, each exempt employee who must be paid in | 8346 |
| accordance with schedule E-1 or schedule E-2 of this section shall | 8347 |
| be paid a salary or wage in accordance with the following schedule | 8348 |
| of rates: | 8349 |
| Schedule E-1 | 8350 |
| 8351 | |
| Step | Step | Step | Step | Step | Step | 8352 | |||||
| Range | 1 | 2 | 3 | 4 | 5 | 6 | 8353 | ||||
| 1 | Hourly | 10.07 | 10.52 | 10.97 | 11.44 | 8354 | |||||
| Annually | 20946 | 21882 | 22818 | 23795 | 8355 | ||||||
| 2 | Hourly | 12.21 | 12.73 | 13.28 | 13.86 | 8356 | |||||
| Annually | 25397 | 26478 | 27622 | 28829 | 8357 | ||||||
| 3 | Hourly | 12.79 | 13.37 | 13.96 | 14.57 | 8358 | |||||
| Annually | 26603 | 27810 | 29037 | 30306 | 8359 | ||||||
| 4 | Hourly | 13.43 | 14.03 | 14.70 | 15.36 | 8360 | |||||
| Annually | 27934 | 29182 | 30576 | 31949 | 8361 | ||||||
| 5 | Hourly | 14.09 | 14.73 | 15.36 | 16.03 | 8362 | |||||
| Annually | 29307 | 30638 | 31949 | 33342 | 8363 | ||||||
| 6 | Hourly | 14.85 | 15.46 | 16.15 | 16.81 | 8364 | |||||
| Annually | 30888 | 32157 | 33592 | 34965 | 8365 | ||||||
| 7 | Hourly | 15.77 | 16.35 | 17.02 | 17.62 | 18.30 | 8366 | ||||
| Annually | 32802 | 34008 | 35402 | 36650 | 38064 | 8367 | |||||
| 8 | Hourly | 16.66 | 17.40 | 18.15 | 18.97 | 19.78 | 8368 | ||||
| Annually | 34653 | 36192 | 37752 | 39458 | 41142 | 8369 | |||||
| 9 | Hourly | 17.78 | 18.70 | 19.62 | 20.60 | 21.65 | 8370 | ||||
| Annually | 36982 | 38896 | 40810 | 42848 | 45032 | 8371 | |||||
| 10 | Hourly | 19.19 | 20.23 | 21.32 | 22.55 | 23.76 | 8372 | ||||
| Annually | 39915 | 42078 | 44346 | 46904 | 49421 | 8373 | |||||
| 11 | Hourly | 20.89 | 22.11 | 23.39 | 24.71 | 26.11 | 8374 | ||||
| Annually | 43451 | 45989 | 48651 | 51397 | 54309 | 8375 | |||||
| 12 | Hourly | 23.04 | 24.34 | 25.65 | 27.07 | 28.58 | 30.13 | 8376 | |||
| Annually | 47923 | 50627 | 53352 | 56306 | 59446 | 62670 | 8377 | ||||
| 13 | Hourly | 25.40 | 26.80 | 28.27 | 29.78 | 31.45 | 33.16 | 8378 | |||
| Annually | 52832 | 55744 | 58802 | 61942 | 65416 | 68973 | 8379 | ||||
| 14 | Hourly | 27.93 | 29.51 | 31.10 | 32.80 | 34.65 | 36.59 | 8380 | |||
| Annually | 58094 | 61381 | 64688 | 68224 | 72072 | 76107 | 8381 | ||||
| 15 | Hourly | 30.68 | 32.41 | 34.24 | 36.12 | 38.13 | 40.22 | 8382 | |||
| Annually | 63814 | 67413 | 71219 | 75130 | 79310 | 83658 | 8383 | ||||
| 16 | Hourly | 33.83 | 35.71 | 37.67 | 39.79 | 41.98 | 44.38 | 8384 | |||
| Annually | 70366 | 74277 | 78354 | 82763 | 87318 | 92310 | 8385 | ||||
| 17 | Hourly | 37.28 | 39.34 | 41.54 | 43.83 | 46.27 | 48.86 | 8386 | |||
| Annually | 77542 | 81827 | 86403 | 91166 | 96242 | 101629 | 8387 | ||||
| 18 | Hourly | 41.08 | 43.36 | 45.80 | 48.31 | 50.99 | 53.84 | 8388 | |||
| Annually | 85446 | 90189 | 95264 | 100485 | 106059 | 111987 | 8389 |
| Schedule E-2 | 8390 |
| Range | Minimum | Maximum | 8391 | |||||
| 41 | Hourly | 16.23 | 37.25 | 8392 | ||||
| Annually | 33758 | 77480 | 8393 | |||||
| 42 | Hourly | 17.89 | 41.14 | 8394 | ||||
| Annually | 37211 | 85571 | 8395 | |||||
| 43 | Hourly | 19.70 | 45.31 | 8396 | ||||
| Annually | 40976 | 94245 | 8397 | |||||
| 44 | Hourly | 21.73 | 49.50 | 8398 | ||||
| Annually | 45198 | 102960 | 8399 | |||||
| 45 | Hourly | 24.01 | 54.04 | 8400 | ||||
| Annually | 49941 | 112403 | 8401 | |||||
| 46 | Hourly | 26.43 | 59.06 | 8402 | ||||
| Annually | 54974 | 122845 | 8403 | |||||
| 47 | Hourly | 29.14 | 64.45 | 8404 | ||||
| Annually | 60611 | 134056 | 8405 | |||||
| 48 | Hourly | 32.14 | 70.33 | 8406 | ||||
| Annually | 66851 | 146286 | 8407 | |||||
| 49 | Hourly | 35.44 | 75.94 | 8408 | ||||
| Annually | 73715 | 157955 | 8409 |
| | 8410 |
| 8411 | |
| 8412 | |
| 8413 |
| 8414 | |
| 8415 | |
| 8416 | ||||||||
| 8417 | ||||||||
| 8418 | ||||||||
| 8419 | ||||||||
| 8420 | ||||||||
| 8421 | ||||||||
| 8422 | ||||||||
| 8423 | ||||||||
| 8424 | ||||||||
| 8425 | ||||||||
| 8426 | ||||||||
| 8427 | ||||||||
| 8428 | ||||||||
| 8429 | ||||||||
| 8430 |
| | 8431 |
| 8432 | |
| 8433 | |
| 8434 |
| 8435 | |
| 8436 | |
| 8437 | ||||||||
| 8438 | ||||||||
| 8439 | ||||||||
| 8440 | ||||||||
| 8441 | ||||||||
| 8442 | ||||||||
| 8443 | ||||||||
| 8444 | ||||||||
| 8445 | ||||||||
| 8446 | ||||||||
| 8447 | ||||||||
| 8448 | ||||||||
| 8449 | ||||||||
| 8450 | ||||||||
| 8451 |
| | 8452 |
| includes July 1, 2008, each exempt employee who must be paid in | 8453 |
| accordance with salary schedule E-1 for step seven only shall be | 8454 |
| paid a salary or wage in accordance with the following schedule of | 8455 |
| rates: | 8456 |
| Schedule E-1 for Step Seven Only | 8457 |
| 8458 | |
| Range | 8459 | |||||||
| 12 | Hourly | 31.80 | 8460 | |||||
| Annually | 66144 | 8461 | ||||||
| 13 | Hourly | 34.98 | 8462 | |||||
| Annually | 72758 | 8463 | ||||||
| 14 | Hourly | 38.57 | 8464 | |||||
| Annually | 80226 | 8465 | ||||||
| 15 | Hourly | 42.44 | 8466 | |||||
| Annually | 88275 | 8467 | ||||||
| 16 | Hourly | 46.81 | 8468 | |||||
| Annually | 97365 | 8469 | ||||||
| 17 | Hourly | 51.55 | 8470 | |||||
| Annually | 107224 | 8471 | ||||||
| 18 | Hourly | 56.80 | 8472 | |||||
| Annually | 118144 | 8473 |
| | 8474 |
| permanent full-time or permanent part-time employee paid directly | 8475 |
| by warrant of the director of budget and management whose position | 8476 |
| is included in the job classification plan established under | 8477 |
| division (A) of section 124.14 of the Revised Code but who is not | 8478 |
| considered a public employee for the purposes of Chapter 4117. of | 8479 |
| the Revised Code. As used in this section, "exempt employee" also | 8480 |
| includes a permanent full-time or permanent part-time employee of | 8481 |
| the secretary of state, auditor of state, treasurer of state, or | 8482 |
| attorney general who has not been placed in an appropriate | 8483 |
| bargaining unit by the state employment relations board. | 8484 |
| Sec. 124.18. (A) Forty hours shall be the standard work | 8485 |
| week for all employees whose salary or wage is paid in whole or in | 8486 |
| part by the state or by any state-supported college or university. | 8487 |
| When any employee whose salary or wage is paid in whole or in part | 8488 |
| by the state or by any state-supported college or university is | 8489 |
| required by an authorized administrative authority to be in an | 8490 |
| active pay status more than forty hours in any calendar week, the | 8491 |
| employee shall be compensated for such time over forty hours, | 8492 |
| except as otherwise provided in this section, at one and one-half | 8493 |
| times the employee's regular rate of pay. The use of sick leave or | 8494 |
| any leave used in lieu of sick leave shall not be considered to be | 8495 |
| active pay status for the purposes of earning overtime or | 8496 |
| compensatory time by employees whose wages are paid directly by | 8497 |
| warrant of the director of budget and management. A flexible-hours | 8498 |
| employee is not entitled to compensation for overtime work unless | 8499 |
| the employee's authorized administrative authority required the | 8500 |
| employee to be in active pay status for more than forty hours in a | 8501 |
| calendar week, regardless of the number of hours the employee | 8502 |
| works on any day in the same calendar week. | 8503 |
| Such compensation for overtime work shall be paid no later | 8504 |
| than at the conclusion of the next succeeding pay period. | 8505 |
| If the employee elects to take compensatory time off in lieu | 8506 |
| of overtime pay for any overtime worked, such compensatory time | 8507 |
| shall be granted by the employee's administrative superior, on a | 8508 |
| time and one-half basis, at a time mutually convenient to the | 8509 |
| employee and the administrative superior. Compensatory time is not | 8510 |
| available for use until it appears on the employee's earning | 8511 |
| statement and the compensation described in the earning statement | 8512 |
| is available to the employee. | 8513 |
| An employee may accrue compensatory time to a maximum of two | 8514 |
| hundred forty hours, except that public safety employees and other | 8515 |
| employees who meet the criteria established in the "Federal Fair | 8516 |
| Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, | 8517 |
| as amended, may accrue a maximum of four hundred eighty hours of | 8518 |
| compensatory time. An employee shall be paid at the employee's | 8519 |
| regular rate of pay for any hours of compensatory time accrued in | 8520 |
| excess of these maximum amounts if the employee has not used the | 8521 |
|
compensatory time within
| 8522 |
| after it is granted, if the employee transfers to another agency | 8523 |
| of the state, or if a change in the employee's status exempts the | 8524 |
| employee from the payment of overtime compensation. Upon the | 8525 |
| termination of employment, any employee with accrued but unused | 8526 |
| compensatory time shall be paid for that time at a rate that is | 8527 |
| the greater of the employee's final regular rate of pay or the | 8528 |
| employee's average regular rate of pay during the employee's last | 8529 |
| three years of employment with the state. | 8530 |
| No overtime, as described in this section, can be paid unless | 8531 |
| it has been authorized by the authorized administrative authority. | 8532 |
| Employees may be exempted from the payment of compensation as | 8533 |
| required by this section only under the criteria for exemption | 8534 |
| from the payment of overtime compensation established in the | 8535 |
| "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 8536 |
| U.S.C.A. 207, 213, as amended. With the approval of the director | 8537 |
| of administrative services, the appointing authority may establish | 8538 |
| a policy to grant compensatory time or to pay compensation to | 8539 |
| state employees who are exempt from overtime compensation. With | 8540 |
| the approval of the board of county commissioners, a county human | 8541 |
| services department may establish a policy to grant compensatory | 8542 |
| time or to pay compensation to employees of the department who are | 8543 |
| exempt from overtime compensation. | 8544 |
| (B)(1) An employee, whose salary or wage is paid in whole or | 8545 |
| in part by the state, shall be paid for the holidays declared in | 8546 |
| section 124.19 of the Revised Code and shall not be required to | 8547 |
| work on those holidays, unless, in the opinion of the employee's | 8548 |
| responsible administrative authority, failure to work on those | 8549 |
|
holidays would impair the public service. | 8550 |
| (2) An employee paid directly by warrant of the director of | 8551 |
|
budget and management who is scheduled to work on | 8552 |
| first day of January, the commemoration of memorial day, the | 8553 |
| fourth day of July, the fourth Thursday in November, or the | 8554 |
| twenty-fifth day of December and who does not report to work the | 8555 |
| day before, the day of, or the day after the holiday due to an | 8556 |
| illness of the employee or of a member of the employee's immediate | 8557 |
| family shall not receive holiday pay as provided by this division, | 8558 |
| unless the employee can provide documentation of extenuating | 8559 |
| circumstances that prohibited the employee from so reporting to | 8560 |
|
work. | 8561 |
| scheduled shift and the holiday, the employee shall be paid for | 8562 |
| the holiday. | 8563 |
| (3) An employee also shall not be paid for a holiday unless | 8564 |
| the employee was in active pay status on the scheduled work day | 8565 |
| immediately preceding the holiday, except that an employee need | 8566 |
| not be in active pay status on that work day in order to be paid | 8567 |
| for the holiday if the employee is participating in a mandatory or | 8568 |
| voluntary cost savings day under section 124.392 of the Revised | 8569 |
| Code. | 8570 |
| | 8571 |
| the Revised Code falls on Saturday, the Friday immediately | 8572 |
| preceding shall be observed as the holiday. If any of the holidays | 8573 |
| declared in section 124.19 of the Revised Code falls on Sunday, | 8574 |
| the Monday immediately succeeding shall be observed as the | 8575 |
| holiday. Employees whose work schedules are based on the | 8576 |
| requirements of a seven-days-a-week work operation shall observe | 8577 |
| holidays on the actual days specified in section 124.19 of the | 8578 |
| Revised Code. | 8579 |
| | 8580 |
| through Friday, the employee shall be entitled to eight hours of | 8581 |
| holiday pay for holidays observed on the employee's day off | 8582 |
| regardless of the day of the week on which they are observed. | 8583 |
| | 8584 |
| minimum of eight hours of pay for each holiday regardless of the | 8585 |
| employee's work shift and work schedule. A flexible-hours | 8586 |
| employee, who is normally scheduled to work in excess of eight | 8587 |
| hours on a day on which a holiday falls, either shall be required | 8588 |
| to work an alternate schedule for that week or shall receive | 8589 |
| additional holiday pay for the hours the employee is normally | 8590 |
| scheduled to work. Such an alternate schedule may require a | 8591 |
| flexible-hours employee to work five shifts consisting of eight | 8592 |
| hours each during the week including the holiday, and, in that | 8593 |
| case, the employee shall receive eight hours of holiday pay for | 8594 |
| the day the holiday is observed. | 8595 |
| | 8596 |
| the Revised Code, part-time permanent employees shall receive four | 8597 |
|
hours of holiday pay | 8598 |
| 8599 | |
| 8600 | |
| 8601 | |
| 8602 | |
| work shift and work schedule. | 8603 |
| | 8604 |
| under this section is required by the employee's responsible | 8605 |
| administrative authority to work on the day observed as a holiday, | 8606 |
| the employee shall be entitled to pay for such time worked at one | 8607 |
| and one-half times the employee's regular rate of pay in addition | 8608 |
| to the employee's regular pay, or to be granted compensatory time | 8609 |
| off at time and one-half thereafter, at the employee's option. | 8610 |
| Payment at such rate shall be excluded in the calculation of hours | 8611 |
| in active pay status. | 8612 |
| (C) Each appointing authority may designate the number of | 8613 |
| employees in an agency who are flexible-hours employees. The | 8614 |
| appointing authority may establish for each flexible-hours | 8615 |
| employee a specified minimum number of hours to be worked each day | 8616 |
| that is consistent with the "Federal Fair Labor Standards Act of | 8617 |
| 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. | 8618 |
| (D) This section shall be uniformly administered for | 8619 |
| employees as defined in section 124.01 of the Revised Code and by | 8620 |
| the personnel departments of state-supported colleges and | 8621 |
| universities for employees of state-supported colleges and | 8622 |
| universities. If employees are not paid directly by warrant of the | 8623 |
| director of budget and management, the political subdivision shall | 8624 |
| determine whether the use of sick leave shall be considered to be | 8625 |
| active pay status for purposes of those employees earning overtime | 8626 |
| or compensatory time. | 8627 |
| (E) Policies relating to the payment of overtime pay or the | 8628 |
| granting of compensatory time off shall be adopted by the chief | 8629 |
| administrative officer of the house of representatives for | 8630 |
| employees of the house of representatives, by the clerk of the | 8631 |
| senate for employees of the senate, and by the director of the | 8632 |
| legislative service commission for all other legislative | 8633 |
| employees. | 8634 |
| (F) As used in this section, "regular rate of pay" means the | 8635 |
| base rate of pay an employee receives plus any pay supplements | 8636 |
| received pursuant to section 124.181 of the Revised Code. | 8637 |
| Sec. 124.181. (A) Except as provided in | 8638 |
| (M) and (P) of this section, any employee paid in accordance with | 8639 |
| schedule B of section 124.15 or schedule E-1 or schedule E-1 for | 8640 |
| step seven only of section 124.152 of the Revised Code is | 8641 |
| eligible for the pay supplements provided in this section upon | 8642 |
| application by the appointing authority substantiating the | 8643 |
| employee's qualifications for the supplement and with the | 8644 |
| approval of the director of administrative services except as | 8645 |
| provided in division (E) of this section. | 8646 |
| (B)(1) Except as provided in section 124.183 of the Revised | 8647 |
| Code, in computing any of the pay supplements provided in this | 8648 |
| section for an employee paid in accordance with schedule B of | 8649 |
| section 124.15 of the Revised Code, the classification salary base | 8650 |
| shall be the minimum hourly rate of the pay range, provided in | 8651 |
| that section, in which the employee is assigned at the time of | 8652 |
| computation. | 8653 |
| (2) Except as provided in section 124.183 of the Revised | 8654 |
| Code, in computing any of the pay supplements provided in this | 8655 |
| section for an employee paid in accordance with schedule E-1 of | 8656 |
| section 124.152 of the Revised Code, the classification salary | 8657 |
| base shall be the minimum hourly rate of the pay range, provided | 8658 |
| in that section, in which the employee is assigned at the time of | 8659 |
| computation. | 8660 |
| (3) Except as provided in section 124.183 of the Revised | 8661 |
| Code, in computing any of the pay supplements provided in this | 8662 |
| section for an employee paid in accordance with schedule E-1 for | 8663 |
| step seven only of section 124.152 of the Revised Code, the | 8664 |
| classification salary base shall be the minimum hourly rate in the | 8665 |
| corresponding pay range, provided in schedule E-1 of that section, | 8666 |
| to which the employee is assigned at the time of the computation. | 8667 |
| (C) The effective date of any pay supplement, except as | 8668 |
| provided in section 124.183 of the Revised Code or unless | 8669 |
| otherwise provided in this section, shall be determined by the | 8670 |
| director. | 8671 |
| (D) The director shall, by rule, establish standards | 8672 |
| regarding the administration of this section. | 8673 |
| (E)(1) Except as otherwise provided in this division, | 8674 |
| beginning on the first day of the pay period within which the | 8675 |
| employee completes five years of total service with the state | 8676 |
| government or any of its political subdivisions, each employee in | 8677 |
| positions paid in accordance with schedule B of section 124.15 of | 8678 |
| the Revised Code or in accordance with schedule E-1 or schedule | 8679 |
| E-1 for step seven only of section 124.152 of the Revised Code | 8680 |
| shall receive an automatic salary adjustment equivalent to two and | 8681 |
| one-half per cent of the classification salary base, to the | 8682 |
| nearest whole cent. Each employee shall receive thereafter an | 8683 |
| annual adjustment equivalent to one-half of one per cent of the | 8684 |
| employee's classification salary base, to the nearest whole cent, | 8685 |
| for each additional year of qualified employment until a maximum | 8686 |
| of ten per cent of the employee's classification salary base is | 8687 |
| reached. The granting of longevity adjustments shall not be | 8688 |
| affected by promotion, demotion, or other changes in | 8689 |
| classification held by the employee, nor by any change in pay | 8690 |
| range for the employee's class or grade. Longevity pay adjustments | 8691 |
| shall become effective at the beginning of the pay period within | 8692 |
| which the employee completes the necessary length of service, | 8693 |
| except that when an employee requests credit for prior service, | 8694 |
| the effective date of the prior service credit and of any | 8695 |
| longevity adjustment shall be the first day of the pay period | 8696 |
| following approval of the credit by the director of administrative | 8697 |
| services. No employee, other than an employee who submits proof of | 8698 |
| prior service within ninety days after the date of the employee's | 8699 |
| hiring, shall receive any longevity adjustment for the period | 8700 |
| prior to the director's approval of a prior service credit. Time | 8701 |
| spent on authorized leave of absence shall be counted for this | 8702 |
| purpose. | 8703 |
| (2) An employee who has retired in accordance with the | 8704 |
| provisions of any retirement system offered by the state and who | 8705 |
| is employed by the state or any political subdivision of the state | 8706 |
| on or after June 24, 1987, shall not have prior service with the | 8707 |
| state or any political subdivision of the state counted for the | 8708 |
| purpose of determining the amount of the salary adjustment | 8709 |
| provided under this division. | 8710 |
| (3) There shall be a moratorium on employees' receipt under | 8711 |
| this division of credit for service with the state government or | 8712 |
| any of its political subdivisions during the period from July 1, | 8713 |
| 2003, through June 30, 2005. In calculating the number of years of | 8714 |
| total service under this division, no credit shall be included for | 8715 |
| service during the moratorium. The moratorium shall apply to the | 8716 |
| employees of the secretary of state, the auditor of state, the | 8717 |
| treasurer of state, and the attorney general, who are subject to | 8718 |
| this section unless the secretary of state, the auditor of state, | 8719 |
| the treasurer of state, or the attorney general decides to exempt | 8720 |
| the office's employees from the moratorium and so notifies the | 8721 |
| director of administrative services in writing on or before July | 8722 |
| 1, 2003. | 8723 |
| If an employee is exempt from the moratorium, receives credit | 8724 |
| for a period of service during the moratorium, and takes a | 8725 |
| position with another entity in the state government or any of its | 8726 |
| political subdivisions, either during or after the moratorium, and | 8727 |
| if that entity's employees are or were subject to the moratorium, | 8728 |
| the employee shall continue to retain the credit. However, if the | 8729 |
| moratorium is in effect upon the taking of the new position, the | 8730 |
| employee shall cease receiving additional credit as long as the | 8731 |
| employee is in the position, until the moratorium expires. | 8732 |
| (F) When an exceptional condition exists that creates a | 8733 |
| temporary or a permanent hazard for one or more positions in a | 8734 |
| class paid in accordance with schedule B of section 124.15 of the | 8735 |
| Revised Code or in accordance with schedule E-1 or schedule E-1 | 8736 |
| for step seven only of section 124.152 of the Revised Code, a | 8737 |
| special hazard salary adjustment may be granted for the time the | 8738 |
| employee is subjected to the hazardous condition. All special | 8739 |
| hazard conditions shall be identified for each position and | 8740 |
| incidence from information submitted to the director on an | 8741 |
| appropriate form provided by the director and categorized into | 8742 |
| standard conditions of: some unusual hazard not common to the | 8743 |
| class; considerable unusual hazard not common to the class; and | 8744 |
| exceptional hazard not common to the class. | 8745 |
| (1) A hazardous salary adjustment of five per cent of the | 8746 |
| employee's classification salary base may be applied in the case | 8747 |
| of some unusual hazardous condition not common to the class for | 8748 |
| those hours worked, or a fraction of those hours worked, while the | 8749 |
| employee was subject to the unusual hazard condition. | 8750 |
| (2) A hazardous salary adjustment of seven and one-half per | 8751 |
| cent of the employee's classification salary base may be applied | 8752 |
| in the case of some considerable hazardous condition not common to | 8753 |
| the class for those hours worked, or a fraction of those hours | 8754 |
| worked, while the employee was subject to the considerable hazard | 8755 |
| condition. | 8756 |
| (3) A hazardous salary adjustment of ten per cent of the | 8757 |
| employee's classification salary base may be applied in the case | 8758 |
| of some exceptional hazardous condition not common to the class | 8759 |
| for those hours worked, or a fraction of those hours worked, when | 8760 |
| the employee was subject to the exceptional hazard condition. | 8761 |
| (4) Each claim for temporary hazard pay shall be submitted as | 8762 |
| a separate payment and shall be subject to an administrative audit | 8763 |
| by the director as to the extent and duration of the employee's | 8764 |
| exposure to the hazardous condition. | 8765 |
| (G) When a full-time employee whose salary or wage is paid | 8766 |
| directly by warrant of the director of budget and management and | 8767 |
| who also is eligible for overtime under the "Fair Labor Standards | 8768 |
| Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is | 8769 |
| ordered by the appointing authority to report back to work after | 8770 |
| termination of the employee's regular work schedule and the | 8771 |
| employee reports, the employee shall be paid for such time. The | 8772 |
| employee shall be entitled to four hours at the employee's total | 8773 |
| rate of pay or overtime compensation for the actual hours worked, | 8774 |
| whichever is greater. This division does not apply to work that is | 8775 |
| a continuation of or immediately preceding an employee's regular | 8776 |
| work schedule. | 8777 |
| (H) When a certain position or positions paid in accordance | 8778 |
| with schedule B of section 124.15 of the Revised Code or in | 8779 |
| accordance with schedule E-1 or schedule E-1 for step seven only | 8780 |
| of section 124.152 of the Revised Code require the ability to | 8781 |
| speak or write a language other than English, a special pay | 8782 |
| supplement may be granted to attract bilingual individuals, to | 8783 |
| encourage present employees to become proficient in other | 8784 |
| languages, or to retain qualified bilingual employees. The | 8785 |
| bilingual pay supplement provided in this division may be granted | 8786 |
| in the amount of five per cent of the employee's classification | 8787 |
| salary base for each required foreign language and shall remain in | 8788 |
| effect as long as the bilingual requirement exists. | 8789 |
| (I) The director of administrative services may establish a | 8790 |
| shift differential for employees. The differential shall be paid | 8791 |
| to employees in positions working in other than the regular or | 8792 |
| first shift. In those divisions or agencies where only one shift | 8793 |
| prevails, no shift differential shall be paid regardless of the | 8794 |
| hours of the day that are worked. The director and the appointing | 8795 |
| authority shall designate which positions shall be covered by this | 8796 |
| division. | 8797 |
| (J) Whenever an employee is assigned to work in a higher | 8798 |
| level position for a continuous period of more than two weeks but | 8799 |
| no more than two years because of a vacancy, the employee's pay | 8800 |
| may be established at a rate that is approximately four per cent | 8801 |
| above the employee's current base rate for the period the employee | 8802 |
| occupies the position, provided that this temporary occupancy is | 8803 |
| approved by the director. Employees paid under this division shall | 8804 |
| continue to receive any of the pay supplements due them under | 8805 |
| other divisions of this section based on the step one base rate | 8806 |
| for their normal classification. | 8807 |
| (K) If a certain position, or positions, within a class paid | 8808 |
| in accordance with schedule B of section 124.15 of the Revised | 8809 |
| Code or in accordance with schedule E-1 or schedule E-1 for step | 8810 |
| seven only of section 124.152 of the Revised Code are mandated by | 8811 |
| state or federal law or regulation or other regulatory agency or | 8812 |
| other certification authority to have special technical | 8813 |
| certification, registration, or licensing to perform the functions | 8814 |
| which are under the mandate, a special professional achievement | 8815 |
| pay supplement may be granted. This special professional | 8816 |
| achievement pay supplement shall not be granted when all | 8817 |
| incumbents in all positions in a class require a license as | 8818 |
| provided in the classification description published by the | 8819 |
| department of administrative services; to licensees where no | 8820 |
| special or extensive training is required; when certification is | 8821 |
| granted upon completion of a stipulated term of in-service | 8822 |
| training; when an appointing authority has required certification; | 8823 |
| or any other condition prescribed by the director. | 8824 |
| (1) Before this supplement may be applied, evidence as to the | 8825 |
| requirement must be provided by the agency for each position | 8826 |
| involved, and certification must be received from the director as | 8827 |
| to the director's concurrence for each of the positions so | 8828 |
| affected. | 8829 |
| (2) The professional achievement pay supplement provided in | 8830 |
| this division shall be granted in an amount up to ten per cent of | 8831 |
| the employee's classification salary base and shall remain in | 8832 |
| effect as long as the mandate exists. | 8833 |
| (L) Those employees assigned to teaching supervisory, | 8834 |
| principal, assistant principal, or superintendent positions who | 8835 |
| have attained a higher educational level than a basic bachelor's | 8836 |
| degree may receive an educational pay supplement to remain in | 8837 |
| effect as long as the employee's assignment and classification | 8838 |
| remain the same. | 8839 |
| (1) An educational pay supplement of two and one-half per | 8840 |
| cent of the employee's classification salary base may be applied | 8841 |
| upon the achievement of a bachelor's degree plus twenty quarter | 8842 |
| hours of postgraduate work. | 8843 |
| (2) An educational pay supplement of an additional five per | 8844 |
| cent of the employee's classification salary base may be applied | 8845 |
| upon achievement of a master's degree. | 8846 |
| (3) An educational pay supplement of an additional two and | 8847 |
| one-half per cent of the employee's classification salary base may | 8848 |
| be applied upon achievement of a master's degree plus thirty | 8849 |
| quarter hours of postgraduate work. | 8850 |
| (4) An educational pay supplement of five per cent of the | 8851 |
| employee's classification salary base may be applied when the | 8852 |
| employee is performing as a master teacher. | 8853 |
| (5) An educational pay supplement of five per cent of the | 8854 |
| employee's classification salary base may be applied when the | 8855 |
| employee is performing as a special education teacher. | 8856 |
| (6) Those employees in teaching supervisory, principal, | 8857 |
| assistant principal, or superintendent positions who are | 8858 |
| responsible for specific extracurricular activity programs shall | 8859 |
| receive overtime pay for those hours worked in excess of their | 8860 |
| normal schedule, at their straight time hourly rate up to a | 8861 |
| maximum of five per cent of their regular base salary in any | 8862 |
| calendar year. | 8863 |
| (M)(1) A state agency, board, or commission may establish a | 8864 |
| supplementary compensation schedule for those licensed physicians | 8865 |
| employed by the agency, board, or commission in positions | 8866 |
| requiring a licensed physician. The supplementary compensation | 8867 |
| schedule, together with the compensation otherwise authorized by | 8868 |
| this chapter, shall provide for the total compensation for these | 8869 |
| employees to range appropriately, but not necessarily uniformly, | 8870 |
| for each classification title requiring a licensed physician, in | 8871 |
| accordance with a schedule approved by the state controlling | 8872 |
| board. The individual salary levels recommended for each such | 8873 |
| physician employed shall be approved by the director. | 8874 |
| Notwithstanding section 124.11 of the Revised Code, such personnel | 8875 |
| are in the unclassified civil service. | 8876 |
| (2) The director of administrative services may approve | 8877 |
| supplementary compensation for the director of health, if the | 8878 |
| director is a licensed physician, in accordance with a | 8879 |
| supplementary compensation schedule approved under division (M)(1) | 8880 |
| of this section or in accordance with another supplementary | 8881 |
| compensation schedule the director of administrative services | 8882 |
| considers appropriate. The supplementary compensation shall not | 8883 |
| exceed twenty per cent of the director of health's base rate of | 8884 |
| pay. | 8885 |
| (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, | 8886 |
| 117.42, and 131.02 of the Revised Code, the state shall not | 8887 |
| institute any civil action to recover and shall not seek | 8888 |
| reimbursement for overpayments made in violation of division (E) | 8889 |
| of this section or division (C) of section 9.44 of the Revised | 8890 |
| Code for the period starting after June 24, 1987, and ending on | 8891 |
| October 31, 1993. | 8892 |
| (O) Employees of the office of the treasurer of state who are | 8893 |
| exempt from collective bargaining coverage may be granted a merit | 8894 |
| pay supplement of up to one and one-half per cent of their step | 8895 |
| rate. The rate at which this supplement is granted shall be based | 8896 |
| on performance standards established by the treasurer of state. | 8897 |
| Any supplements granted under this division shall be administered | 8898 |
| on an annual basis. | 8899 |
| (P) Intermittent employees appointed under section 124.30 of | 8900 |
| the Revised Code are not eligible for the pay supplements | 8901 |
| provided by this section. | 8902 |
| Sec. 124.183. (A) As used in this section, "active payroll" | 8903 |
|
means | 8904 |
| 8905 | |
| 8906 | |
| active pay status or eligible to receive pay for an approved leave | 8907 |
| of absence including, but not limited to, occupational injury | 8908 |
| leave, disability leave, or workers' compensation. | 8909 |
| (B) | 8910 |
| 8911 | |
| 8912 | |
| 8913 | |
| 8914 | |
| 8915 | |
| 8916 | |
| 8917 |
| | 8918 |
| 8919 | |
| 8920 | |
| 8921 | |
| 8922 | |
| 8923 | |
| 8924 | |
| 8925 | |
| 8926 |
| | 8927 |
| 8928 | |
| 8929 | |
| 8930 | |
| 8931 | |
| 8932 | |
| 8933 | |
| 8934 |
| | 8935 |
| 8936 | |
| 8937 | |
| 8938 | |
| 8939 | |
| 8940 | |
| 8941 |
| | 8942 |
| 8943 | |
| 8944 | |
| 8945 | |
| 8946 |
| | 8947 |
| 8948 | |
| 8949 | |
| 8950 | |
| 8951 |
| | 8952 |
| 8953 |
| | 8954 |
| to receive personal leave under section 124.386 of the Revised | 8955 |
| Code. | 8956 |
| (C)(1) Employees who are in active payroll status on July 30, | 8957 |
| 2011, shall receive a one-time pay supplement in the earnings | 8958 |
| statements they receive on August 26, 2011. Full-time employees | 8959 |
| shall receive a one-time pay supplement equivalent to thirty-two | 8960 |
| hours of personal leave or a one-time pay supplement equivalent to | 8961 |
| half the hours of personal leave the employee lost during the | 8962 |
| moratorium under division (A) of section 124.386 of the Revised | 8963 |
| Code, whichever is less. Part-time employees shall receive a | 8964 |
| one-time pay supplement equivalent to sixteen hours of personal | 8965 |
| leave. | 8966 |
| (2) Employees who are not in active payroll status on July | 8967 |
| 30, 2011, due to military leave or an absence taken under the | 8968 |
| federal Family and Medical Leave Act are eligible to receive the | 8969 |
| one-time pay supplement. | 8970 |
| (D) Notwithstanding any provision of law to the contrary, a | 8971 |
| one-time pay supplement under this section shall not be subject to | 8972 |
| withholding for deposit into any state retirement system. | 8973 |
| Notwithstanding any provision of law to the contrary, a one-time | 8974 |
| pay supplement under this section shall not be used for | 8975 |
| calculation purposes in determining an employee's retirement | 8976 |
| benefits in any state retirement system. | 8977 |
| | 8978 |
| 8979 |
| | 8980 |
| secretary of state, the auditor of state, the treasurer of state, | 8981 |
| or the attorney general unless the secretary of state, the auditor | 8982 |
|
of state, the treasurer of state, or the attorney general | 8983 |
| 8984 | |
| 8985 | |
| under division (H) of section 124.386 of the Revised Code and | 8986 |
| notified the director of administrative services in writing on or | 8987 |
|
before | 8988 |
| in the one-time pay supplement. | 8989 |
| Sec. 124.22. Rules establishing educational requirements as | 8990 |
| a condition of taking a civil service examination shall only be | 8991 |
| adopted with respect to positions for which educational | 8992 |
| requirements are expressly imposed by a section of the Revised | 8993 |
| Code or federal requirements or for which the director determines | 8994 |
| that the educational requirements are job-related. An applicant | 8995 |
| for a civil service examination must be a United States citizen or | 8996 |
|
have | 8997 |
| 8998 |
| Sec. 124.23. (A) All applicants for positions and places in | 8999 |
| the classified service shall be subject to examination, except for | 9000 |
| applicants for positions as professional or certified service and | 9001 |
| paraprofessional employees of county boards of mental retardation | 9002 |
| and developmental disabilities, who shall be hired in the manner | 9003 |
| provided in section 124.241 of the Revised Code. | 9004 |
| (B) Any examination administered under this section shall be | 9005 |
| public and be open to all citizens of the United States and those | 9006 |
| persons who have legally declared their intentions of becoming | 9007 |
|
United States citizens | 9008 |
| 9009 | |
| service of the state, the director of administrative services may | 9010 |
| determine certain limitations as to citizenship, age, experience, | 9011 |
|
education, health,
habit,
and moral
character. | 9012 |
| (C) Any person who has completed service in the uniformed | 9013 |
| services, who has been honorably discharged from the uniformed | 9014 |
| services or transferred to the reserve with evidence of | 9015 |
| satisfactory service, and who is a resident of this state and any | 9016 |
| member of the national guard or a reserve component of the armed | 9017 |
| forces of the United States who has completed more than one | 9018 |
| hundred eighty days of active duty service pursuant to an | 9019 |
| executive order of the president of the United States or an act of | 9020 |
| the congress of the United States may file with the director a | 9021 |
| certificate of service or honorable discharge, and, upon this | 9022 |
| filing, the person shall receive additional credit of twenty per | 9023 |
| cent of the person's total grade given in the regular examination | 9024 |
| in which the person receives a passing grade. | 9025 |
| As used in this division, "service in the uniformed services" | 9026 |
| and "uniformed services" have the same meanings as in the | 9027 |
| "Uniformed Services Employment and Reemployment Rights Act of | 9028 |
| 1994," 108 Stat. 3149, 38 U.S.C.A. 4303. | 9029 |
| | 9030 |
| factors as education, training, capacity, knowledge, manual | 9031 |
| dexterity, and physical or psychological fitness. An examination | 9032 |
| shall consist of one or more tests in any combination. Tests may | 9033 |
| be written, oral, physical, demonstration of skill, or an | 9034 |
| evaluation of training and experiences and shall be designed to | 9035 |
| fairly test the relative capacity of the persons examined to | 9036 |
| discharge the particular duties of the position for which | 9037 |
| appointment is sought. Tests may include structured interviews, | 9038 |
| assessment centers, work simulations, examinations of knowledge, | 9039 |
| skills, and abilities, and any other acceptable testing methods. | 9040 |
| If minimum or maximum requirements are established for any | 9041 |
| examination, they shall be specified in the examination | 9042 |
| announcement. | 9043 |
| | 9044 |
| control of all examinations administered for positions in the | 9045 |
| service of the state and all other examinations the director | 9046 |
| administers as provided in section 124.07 of the Revised Code, | 9047 |
| except as otherwise provided in sections 124.01 to 124.64 of the | 9048 |
|
Revised
Code. | 9049 |
| (F) No questions in any examination shall relate to | 9050 |
| political or religious opinions or affiliations. No credit for | 9051 |
| seniority, efficiency, or any other reason shall be added to an | 9052 |
| applicant's examination grade unless the applicant achieves at | 9053 |
| least the minimum passing grade on the examination without | 9054 |
| counting that extra credit. | 9055 |
| | 9056 |
| 124.64 of the Revised Code, the director of administrative | 9057 |
| services shall give reasonable notice of the time, place, and | 9058 |
|
general scope of
every competitive examination for appointment | 9059 |
| 9060 | |
| positions in the service of the state. The director shall send | 9061 |
| written, printed, or electronic notices of every examination to | 9062 |
|
be conducted for positions in
the
| 9063 |
| of the state to each agency of the type the director of job and | 9064 |
| family services specifies and, in the case of a county in which no | 9065 |
| such agency is located, to the clerk of the court of common pleas | 9066 |
| of that county and to the clerk of each city located within that | 9067 |
| county. Those notices shall be posted in conspicuous public places | 9068 |
| in the designated agencies or the courthouse, and city hall of | 9069 |
| the cities, of the counties in which no designated agency is | 9070 |
| located for at least two weeks preceding any examination | 9071 |
| involved, and in a conspicuous place in the office of the director | 9072 |
| of administrative services for at least two weeks preceding any | 9073 |
| examination involved. In case of examinations limited by the | 9074 |
| director to a district, county, city, or department, the director | 9075 |
| shall provide by rule for adequate publicity of an examination in | 9076 |
| the district, county, city, or department within which competition | 9077 |
| is permitted. | 9078 |
| Sec. 124.27. (A) The head of a department, office, or | 9079 |
| institution, in which a position in the classified service is to | 9080 |
| be filled, shall notify the director of administrative services of | 9081 |
| the fact, and the director shall, except as otherwise provided in | 9082 |
| this section and sections 124.30 and 124.31 of the Revised Code, | 9083 |
| certify to the appointing authority the names and addresses of the | 9084 |
| ten candidates standing highest on the eligible list for the class | 9085 |
| or grade to which the position belongs, except that the director | 9086 |
| may certify less than ten names if ten names are not available. | 9087 |
| When less than ten names are certified to an appointing authority, | 9088 |
| appointment from that list shall not be mandatory. When a position | 9089 |
| in the classified service in the department of mental health or | 9090 |
| the department of mental retardation and developmental | 9091 |
| disabilities is to be filled, the director of administrative | 9092 |
| services shall make such certification to the appointing authority | 9093 |
| within seven working days of the date the eligible list is | 9094 |
| requested. | 9095 |
| (B) The appointing authority shall notify the director of a | 9096 |
| position in the classified service to be filled, and the | 9097 |
| appointing authority shall fill the vacant position by appointment | 9098 |
| of one of the ten persons certified by the director. If more than | 9099 |
| one position is to be filled, the director may certify a group of | 9100 |
| names from the eligible list, and the appointing authority shall | 9101 |
| appoint in the following manner: beginning at the top of the list, | 9102 |
| each time a selection is made, it must be from one of the first | 9103 |
| ten candidates remaining on the list who is willing to accept | 9104 |
| consideration for the position. If an eligible list becomes | 9105 |
| exhausted, and until a new list can be created, or when no | 9106 |
| eligible list for a position exists, names may be certified from | 9107 |
| eligible lists most appropriate for the group or class in which | 9108 |
| the position to be filled is classified. A person who is certified | 9109 |
| from an eligible list more than three times to the same appointing | 9110 |
| authority for the same or similar positions may be omitted from | 9111 |
| future certification to that appointing authority, provided that | 9112 |
| certification for a temporary appointment shall not be counted as | 9113 |
| one of those certifications. Every person who qualifies for | 9114 |
| veteran's preference under section 124.23 of the Revised Code, who | 9115 |
| is a resident of this state, and whose name is on the eligible | 9116 |
| list for a position shall be entitled to preference in original | 9117 |
| appointments to any such competitive position in the civil service | 9118 |
| of the state and its civil divisions over all other persons | 9119 |
| eligible for those appointments and standing on the relevant | 9120 |
| eligible list with a rating equal to that of the person qualifying | 9121 |
| for veteran's preference. Appointments to all positions in the | 9122 |
| classified service, that are not filled by promotion, transfer, or | 9123 |
| reduction, as provided in sections 124.01 to 124.64 of the Revised | 9124 |
| Code and the rules of the director prescribed under those | 9125 |
| sections, shall be made only from those persons whose names are | 9126 |
| certified to the appointing authority, and no employment, except | 9127 |
| as provided in those sections, shall be otherwise given in the | 9128 |
| classified service of this state or any political subdivision of | 9129 |
| the state. | 9130 |
| (C) All original and promotional appointments, including | 9131 |
| appointments made pursuant to section 124.30 of the Revised Code, | 9132 |
| but not intermittent appointments, shall be for a probationary | 9133 |
| period, not less than sixty days nor more than one year, to be | 9134 |
| fixed by the rules of the director, except as provided in section | 9135 |
| 124.231 of the Revised Code, and except for original appointments | 9136 |
| to a police department as a police officer or to a fire department | 9137 |
| as a firefighter which shall be for a probationary period of one | 9138 |
| year. No appointment or promotion is final until the appointee | 9139 |
| has satisfactorily served the probationary period. If the service | 9140 |
| of the probationary employee is unsatisfactory, the employee may | 9141 |
| be removed or reduced at any time during the probationary period. | 9142 |
| If the appointing authority decides to remove a probationary | 9143 |
| employee in the service of the state, the appointing authority | 9144 |
| shall communicate to the director the reason for that decision. A | 9145 |
| probationary employee duly removed or reduced in position for | 9146 |
| unsatisfactory service does not have the right to appeal the | 9147 |
| removal or reduction under section 124.34 of the Revised Code. | 9148 |
| Sec. 124.321. (A) Whenever it becomes necessary for an | 9149 |
| appointing authority to reduce its work force, the appointing | 9150 |
| authority shall lay off employees or abolish their positions in | 9151 |
| accordance with sections 124.321 to 124.327 of the Revised Code | 9152 |
| 9153 | |
| the reduction shall also be in compliance with the rules of the | 9154 |
| director of administrative services. | 9155 |
| (B)(1) Employees may be laid off as a result of a lack of | 9156 |
| funds within an appointing authority. For appointing authorities | 9157 |
| that employ persons whose salary or wage is paid by warrant of the | 9158 |
| director of budget and management, the director of budget and | 9159 |
| management shall be responsible for determining, consistent with | 9160 |
| the rules adopted under division (B)(3) of this section, whether a | 9161 |
| lack of funds exists. For appointing authorities that employ | 9162 |
| persons whose salary or wage is paid other than by warrant of the | 9163 |
| director of budget and management, the appointing authority itself | 9164 |
|
shall determine whether a
lack of funds exists | 9165 |
| 9166 | |
| 9167 | |
| 9168 |
| (2) As used in this division, a "lack of funds" means an | 9169 |
| appointing authority has a current or projected deficiency of | 9170 |
| funding to maintain current, or to sustain projected, levels of | 9171 |
| staffing and operations. This section does not require any | 9172 |
| transfer of money between funds in order to offset a deficiency or | 9173 |
| projected deficiency of funding for programs funded by the | 9174 |
| federal government, special revenue accounts, or proprietary | 9175 |
| accounts. Whenever a program receives funding through a grant or | 9176 |
| similar mechanism, a lack of funds shall be presumed for the | 9177 |
| positions assigned to and the employees who work under the grant | 9178 |
| or similar mechanism if, for any reason, the funding is reduced or | 9179 |
| withdrawn. | 9180 |
| (3) The director of budget and management shall adopt rules, | 9181 |
| under Chapter 119. of the Revised Code, for agencies whose | 9182 |
| employees are paid by warrant of the director of budget and | 9183 |
| management, for determining whether a lack of funds exists. | 9184 |
| (C)(1) Employees may be laid off as a result of lack of work | 9185 |
| within an appointing authority. For appointing authorities whose | 9186 |
| employees are paid by warrant of the director of budget and | 9187 |
| management, the director of administrative services shall | 9188 |
| determine, consistent with the rules adopted under division (F) of | 9189 |
| this section, whether a lack of work exists. All other appointing | 9190 |
| authorities shall themselves determine whether a lack of work | 9191 |
|
exists | 9192 |
| 9193 | |
| 9194 |
| (2) As used in this division, a "lack of work" means an | 9195 |
| appointing authority has a current or projected decrease in | 9196 |
| workload that requires a reduction of current or projected | 9197 |
| staffing levels in its organization or structure. The | 9198 |
| determination of a lack of work shall indicate the current or | 9199 |
| projected decrease in workload and whether the current or | 9200 |
| projected staffing levels of the appointing authority will be | 9201 |
| excessive. | 9202 |
| (D)(1) Employees may be laid off as a result of abolishment | 9203 |
| of positions. As used in this division, "abolishment" means the | 9204 |
| deletion of a position or positions from the organization or | 9205 |
| structure of an appointing authority. | 9206 |
| For purposes of this division, an appointing authority may | 9207 |
| abolish positions for any one or any combination of the following | 9208 |
| reasons: as a result of a reorganization for the efficient | 9209 |
| operation of the appointing authority, for reasons of economy, or | 9210 |
| for lack of work. | 9211 |
| (2)(a) Reasons of economy permitting an appointing authority | 9212 |
| to abolish a position and to lay off the holder of that position | 9213 |
| under this division shall be determined at the time the appointing | 9214 |
| authority proposes to abolish the position. The reasons of economy | 9215 |
| shall be based on the appointing authority's estimated amount of | 9216 |
| savings with respect to salary, benefits, and other matters | 9217 |
| associated with the abolishment of the position, except that the | 9218 |
| reasons of economy associated with the position's abolishment | 9219 |
| instead may be based on the appointing authority's estimated | 9220 |
| amount of savings with respect to salary and benefits only, if: | 9221 |
| (i) Either the appointing authority's operating appropriation | 9222 |
| has been reduced by an executive or legislative action, or the | 9223 |
| appointing authority has a current or projected deficiency in | 9224 |
| funding to maintain current or projected levels of staffing and | 9225 |
| operations; and | 9226 |
| (ii) In the case of a position in the service of the state, | 9227 |
| it files a notice of the position's abolishment with the director | 9228 |
| of administrative services within one year of the occurrence of | 9229 |
| the applicable circumstance described in division (D)(2)(a)(i) of | 9230 |
| this section. | 9231 |
| (b) The following principles apply when a circumstance | 9232 |
| described in division (D)(2)(a)(i) of this section would serve to | 9233 |
| authorize an appointing authority to abolish a position and to lay | 9234 |
| off the holder of the position under this division based on the | 9235 |
| appointing authority's estimated amount of savings with respect to | 9236 |
| salary and benefits only: | 9237 |
| (i) The position's abolishment shall be done in good faith | 9238 |
| and not as a subterfuge for discipline. | 9239 |
| (ii) If a circumstance affects a specific program only, the | 9240 |
| appointing authority only may abolish a position within that | 9241 |
| program. | 9242 |
| (iii) If a circumstance does not affect a specific program | 9243 |
| only, the appointing authority may identify a position that it | 9244 |
| considers appropriate for abolishment based on the reasons of | 9245 |
| economy. | 9246 |
| (3) Each appointing authority shall determine itself whether | 9247 |
| any position should be abolished. An appointing authority | 9248 |
| abolishing any position in the service of the state shall file a | 9249 |
| statement of rationale and supporting documentation with the | 9250 |
| director of administrative services prior to sending the notice of | 9251 |
| abolishment. | 9252 |
| If an abolishment results in a reduction of the work force, | 9253 |
| the appointing authority shall follow the procedures for laying | 9254 |
| off employees, subject to the following modifications: | 9255 |
| (a) The employee whose position has been abolished shall have | 9256 |
| the right to fill an available vacancy within the employee's | 9257 |
| classification. | 9258 |
| (b) If the employee whose position has been abolished has | 9259 |
| more retention points than any other employee serving in the same | 9260 |
| classification, the employee with the fewest retention points | 9261 |
| shall be displaced. | 9262 |
| (c) If the employee whose position has been abolished has the | 9263 |
| fewest retention points in the classification, the employee shall | 9264 |
| have the right to fill an available vacancy in a lower | 9265 |
| classification in the classification series. | 9266 |
| (d) If the employee whose position has been abolished has the | 9267 |
| fewest retention points in the classification, the employee shall | 9268 |
| displace the employee with the fewest retention points in the next | 9269 |
| or successively lower classification in the classification series. | 9270 |
| (E) Notwithstanding any contrary provision of the | 9271 |
| displacement procedure described in section 124.324 of the Revised | 9272 |
| Code for employees to displace other employees during a layoff, | 9273 |
| the director of administrative services or a county appointing | 9274 |
| authority may establish a paper lay-off process under which | 9275 |
| employees who are to be laid off or displaced may be required, | 9276 |
| before the date of their paper layoff, to preselect their options | 9277 |
| for displacing other employees. | 9278 |
| (F) The director of administrative services shall adopt rules | 9279 |
| under Chapter 119. of the Revised Code for the determination of | 9280 |
| lack of work within an appointing authority, for the abolishment | 9281 |
| of positions by an appointing authority, and for the | 9282 |
| implementation of this section as it relates to positions in the | 9283 |
| service of the state. | 9284 |
| Sec. 124.324. (A) A laid-off employee has the right to | 9285 |
| displace the employee with the fewest retention points in the | 9286 |
| following order: | 9287 |
| (1) Within the classification and appointment category from | 9288 |
| which the employee was laid off; | 9289 |
| (2) Within the classification series and appointment category | 9290 |
| from which the employee was laid off; | 9291 |
| (3) Within the classification and appointment category the | 9292 |
| employee held immediately prior to holding the classification | 9293 |
| from which the employee was laid off, except that the employee | 9294 |
| may not displace employees in a classification if the employee | 9295 |
| does not meet the minimum qualifications of the classification or | 9296 |
| if the employee last held the classification more than three | 9297 |
| years prior to the date on which the employee was laid off. | 9298 |
| If, after exercising displacement rights, an employee is | 9299 |
| subject to further layoff action, the employee's displacement | 9300 |
| rights shall be in accordance with the classification from which | 9301 |
| the employee was first laid off. | 9302 |
| The director of administrative services shall verify the | 9303 |
| calculation of the retention points of all employees in the | 9304 |
| service of the state in an affected classification in accordance | 9305 |
| with section 124.325 of the Revised Code. | 9306 |
| (B) Following the order of layoff as stated in section | 9307 |
| 124.323 of the Revised Code, an employee laid off in the | 9308 |
| classified civil service shall displace another employee within | 9309 |
| the same appointing authority or independent institution and | 9310 |
| layoff jurisdiction in the following manner: | 9311 |
| (1) Each laid-off employee possessing more retention points | 9312 |
| shall displace the employee with the fewest retention points in | 9313 |
| the next lower classification or successively lower classification | 9314 |
| in the same classification series. | 9315 |
| (2) Any employee displaced by an employee possessing more | 9316 |
| retention points shall displace the employee with the fewest | 9317 |
| retention points in the next lower classification or successively | 9318 |
| lower classification in the same classification series. This | 9319 |
| process shall continue, if necessary, until the employee with the | 9320 |
| fewest retention points in the lowest classification of the | 9321 |
| classification series of the same appointing authority or | 9322 |
| independent institution has been reached and, if necessary, laid | 9323 |
| off. | 9324 |
| (C) Employees shall notify the appointing authority of their | 9325 |
| intention to exercise their displacement rights, within five days | 9326 |
| after receiving notice of layoff. This division does not apply if | 9327 |
| the director of administrative services has established a paper | 9328 |
| lay-off process pursuant to division (E) of section 124.321 of the | 9329 |
| Revised Code that includes a different notification requirement | 9330 |
| for employees exercising their displacement rights under that | 9331 |
| process. | 9332 |
| (D) No employee shall displace an employee for whose position | 9333 |
| or classification there are certain position-specific minimum | 9334 |
| qualifications, as established by the appointing authority and | 9335 |
| reviewed for validity by the department of administrative | 9336 |
| services, or as established by bona fide occupational | 9337 |
| qualification, unless the employee desiring to displace another | 9338 |
| employee possesses the requisite position-specific minimum | 9339 |
| qualifications for the position or classification. | 9340 |
| (E) If an employee exercising displacement rights must | 9341 |
| displace an employee in another county within the same layoff | 9342 |
| district, the displacement shall not be construed to be a | 9343 |
| transfer. | 9344 |
| (F) The director of administrative services shall adopt rules | 9345 |
| under Chapter 119. of the Revised Code for the implementation of | 9346 |
| this section as it relates to positions in the service of the | 9347 |
| state. | 9348 |
| Sec. 124.325. (A) Retention points to reflect the length of | 9349 |
| continuous service and efficiency in service for all employees | 9350 |
| affected by a layoff shall be verified by the director of | 9351 |
| administrative services for positions in the service of the state. | 9352 |
| (B) An employee's length of continuous service will be | 9353 |
| carried from one layoff jurisdiction to another so long as no | 9354 |
| break in service occurs between transfers or appointments. | 9355 |
| (C) If two or more employees have an identical number of | 9356 |
| retention points, employees having the shortest period of | 9357 |
| continuous service shall be laid off first. | 9358 |
| (D)(1) As used in this division, "affected employee" means a | 9359 |
| city employee who becomes a county employee, or a county employee | 9360 |
| who becomes a city employee, as the result of any of the | 9361 |
| following: | 9362 |
| (a) The merger of a city and a county office; | 9363 |
| (b) The merger of city and county functions or duties; | 9364 |
| (c) The transfer of functions or duties between a city and | 9365 |
| county. | 9366 |
| (2) For purposes of this section, the new employer of any | 9367 |
| affected employee shall treat the employee's prior service with a | 9368 |
| former employer as if it had been served with the new employer. | 9369 |
| (E) The director of administrative services shall adopt rules | 9370 |
| in accordance with Chapter 119. of the Revised Code to establish a | 9371 |
| system for the assignment of retention points for each employee in | 9372 |
| the service of the state in a classification affected by a layoff | 9373 |
| and for determining, in those instances where employees in the | 9374 |
| service of the state have identical retention points, which | 9375 |
| employee shall be laid off first. | 9376 |
| Sec. 124.34. (A) The tenure of every officer or employee in | 9377 |
| the classified service of the state and the counties, civil | 9378 |
| service townships, cities, city health districts, general health | 9379 |
| districts, and city school districts of the state, holding a | 9380 |
| position under this chapter, shall be during good behavior and | 9381 |
| efficient service. No officer or employee shall be reduced in pay | 9382 |
| or position, fined, suspended, or removed, or have the officer's | 9383 |
| or employee's longevity reduced or eliminated, except as provided | 9384 |
| in section 124.32 of the Revised Code, and for incompetency, | 9385 |
| inefficiency, dishonesty, drunkenness, immoral conduct, | 9386 |
| insubordination, discourteous treatment of the public, neglect of | 9387 |
| duty, violation of any policy or work rule of the officer's or | 9388 |
| employee's appointing authority, violation of this chapter or the | 9389 |
| rules of the director of administrative services or the | 9390 |
| commission, any other failure of good behavior, any other acts of | 9391 |
| misfeasance, malfeasance, or nonfeasance in office, or conviction | 9392 |
| of a felony. The denial of a one-time pay supplement or a bonus to | 9393 |
| an officer or employee is not a reduction in pay for purposes of | 9394 |
| this section. | 9395 |
| This section does not apply to any modifications or | 9396 |
| reductions in pay authorized by section 124.392 of the Revised | 9397 |
| Code. | 9398 |
| An appointing authority may require an employee who is | 9399 |
| suspended to report to work to serve the suspension. An employee | 9400 |
| serving a suspension in this manner shall continue to be | 9401 |
| compensated at the employee's regular rate of pay for hours | 9402 |
| worked. The disciplinary action shall be recorded in the | 9403 |
| employee's personnel file in the same manner as other disciplinary | 9404 |
| actions and has the same effect as a suspension without pay for | 9405 |
| the purpose of recording disciplinary actions. | 9406 |
| A finding by the appropriate ethics commission, based upon a | 9407 |
| preponderance of the evidence, that the facts alleged in a | 9408 |
| complaint under section 102.06 of the Revised Code constitute a | 9409 |
| violation of Chapter 102., section 2921.42, or section 2921.43 of | 9410 |
| the Revised Code may constitute grounds for dismissal. Failure to | 9411 |
| file a statement or falsely filing a statement required by section | 9412 |
| 102.02 of the Revised Code may also constitute grounds for | 9413 |
| dismissal. The tenure of an employee in the career professional | 9414 |
| service of the department of transportation is subject to section | 9415 |
| 5501.20 of the Revised Code. | 9416 |
| Conviction of a felony is a separate basis for reducing in | 9417 |
| pay or position, suspending, or removing an officer or employee, | 9418 |
| even if the officer or employee has already been reduced in pay or | 9419 |
| position, suspended, or removed for the same conduct that is the | 9420 |
| basis of the felony. An officer or employee may not appeal to the | 9421 |
| state personnel board of review or the commission any disciplinary | 9422 |
| action taken by an appointing authority as a result of the | 9423 |
| officer's or employee's conviction of a felony. If an officer or | 9424 |
| employee removed under this section is reinstated as a result of | 9425 |
| an appeal of the removal, any conviction of a felony that occurs | 9426 |
| during the pendency of the appeal is a basis for further | 9427 |
| disciplinary action under this section upon the officer's or | 9428 |
| employee's reinstatement. | 9429 |
| A person convicted of a felony immediately forfeits the | 9430 |
| person's status as a classified employee in any public employment | 9431 |
| on and after the date of the conviction for the felony. If an | 9432 |
| officer or employee is removed under this section as a result of | 9433 |
| being convicted of a felony or is subsequently convicted of a | 9434 |
| felony that involves the same conduct that was the basis for the | 9435 |
| removal, the officer or employee is barred from receiving any | 9436 |
| compensation after the removal notwithstanding any modification or | 9437 |
| disaffirmance of the removal, unless the conviction for the felony | 9438 |
| is subsequently reversed or annulled. | 9439 |
| Any person removed for conviction of a felony is entitled to | 9440 |
| a cash payment for any accrued but unused sick, personal, and | 9441 |
| vacation leave as authorized by law. If subsequently reemployed in | 9442 |
| the public sector, the person shall qualify for and accrue these | 9443 |
| forms of leave in the manner specified by law for a newly | 9444 |
| appointed employee and shall not be credited with prior public | 9445 |
| service for the purpose of receiving these forms of leave. | 9446 |
| As used in this division, "felony" means any of the | 9447 |
| following: | 9448 |
| (1) A felony that is an offense of violence as defined in | 9449 |
| section 2901.01 of the Revised Code; | 9450 |
| (2) A felony that is a felony drug abuse offense as defined | 9451 |
| in section 2925.01 of the Revised Code; | 9452 |
| (3) A felony under the laws of this or any other state or the | 9453 |
| United States that is a crime of moral turpitude; | 9454 |
| (4) A felony involving dishonesty, fraud, or theft; | 9455 |
| (5) A felony that is a violation of section 2921.05, 2921.32, | 9456 |
| or 2921.42 of the Revised Code. | 9457 |
| (B) In case of a reduction, a suspension of more than forty | 9458 |
| 9459 | |
| payment of overtime compensation, a suspension of more than | 9460 |
|
twenty-four | 9461 |
| required to be paid overtime compensation, a fine of more than | 9462 |
|
forty | 9463 |
| the payment of overtime compensation, a fine of more than | 9464 |
|
twenty-four
| 9465 |
| required to be paid overtime compensation, or removal, except for | 9466 |
| the reduction or removal of a probationary employee, the | 9467 |
| appointing authority shall serve the employee with a copy of the | 9468 |
| order of reduction, fine, suspension, or removal, which order | 9469 |
| shall state the reasons for the action. | 9470 |
| Within ten days following the date on which the order is | 9471 |
| served or, in the case of an employee in the career professional | 9472 |
| service of the department of transportation, within ten days | 9473 |
| following the filing of a removal order, the employee, except as | 9474 |
| otherwise provided in this section, may file an appeal of the | 9475 |
| order in writing with the state personnel board of review or the | 9476 |
| commission. For purposes of this section, the date on which an | 9477 |
| order is served is the date of hand delivery of the order or the | 9478 |
| date of delivery of the order by certified United States mail, | 9479 |
| whichever occurs first. If an appeal is filed, the board or | 9480 |
| commission shall forthwith notify the appointing authority and | 9481 |
| shall hear, or appoint a trial board to hear, the appeal within | 9482 |
| thirty days from and after its filing with the board or | 9483 |
| commission. The board, commission, or trial board may affirm, | 9484 |
| disaffirm, or modify the judgment of the appointing authority. | 9485 |
| However, in an appeal of a removal order based upon a violation of | 9486 |
| a last chance agreement, the board, commission, or trial board may | 9487 |
| only determine if the employee violated the agreement and thus | 9488 |
| affirm or disaffirm the judgment of the appointing authority. | 9489 |
| In cases of removal or reduction in pay for disciplinary | 9490 |
| reasons, either the appointing authority or the officer or | 9491 |
| employee may appeal from the decision of the state personnel board | 9492 |
| of review or the commission, and any such appeal shall be to the | 9493 |
| court of common pleas of the county in which the appointing | 9494 |
| authority is located, or to the court of common pleas of Franklin | 9495 |
| county, as provided by section 119.12 of the Revised Code. | 9496 |
| (C) In the case of the suspension for any period of time, or | 9497 |
| a fine, demotion, or removal, of a chief of police, a chief of a | 9498 |
| fire department, or any member of the police or fire department of | 9499 |
| a city or civil service township, who is in the classified civil | 9500 |
| service, the appointing authority shall furnish the chief or | 9501 |
| member with a copy of the order of suspension, fine, demotion, or | 9502 |
| removal, which order shall state the reasons for the action. The | 9503 |
| order shall be filed with the municipal or civil service township | 9504 |
| civil service commission. Within ten days following the filing of | 9505 |
| the order, the chief or member may file an appeal, in writing, | 9506 |
| with the commission. If an appeal is filed, the commission shall | 9507 |
| forthwith notify the appointing authority and shall hear, or | 9508 |
| appoint a trial board to hear, the appeal within thirty days from | 9509 |
| and after its filing with the commission, and it may affirm, | 9510 |
| disaffirm, or modify the judgment of the appointing authority. An | 9511 |
| appeal on questions of law and fact may be had from the decision | 9512 |
| of the commission to the court of common pleas in the county in | 9513 |
| which the city or civil service township is situated. The appeal | 9514 |
| shall be taken within thirty days from the finding of the | 9515 |
| commission. | 9516 |
| (D) A violation of division (A)(7) of section 2907.03 of the | 9517 |
| Revised Code is grounds for termination of employment of a | 9518 |
| nonteaching employee under this section. | 9519 |
| (E) As used in this section, "last chance agreement" means an | 9520 |
| agreement signed by both an appointing authority and an officer or | 9521 |
| employee of the appointing authority that describes the type of | 9522 |
| behavior or circumstances that, if it occurs, will automatically | 9523 |
| lead to removal of the officer or employee without the right of | 9524 |
| appeal to the state personnel board of review or the appropriate | 9525 |
| commission. | 9526 |
| Sec. 124.381. | 9527 |
| with section 124.152 of the Revised Code and each employee listed | 9528 |
| in division (B)(2) or (4) of section 124.14 of the Revised Code, | 9529 |
| including an employee who is not eligible for occupational injury | 9530 |
| leave under division (A)(2) of this section, shall receive salary | 9531 |
| continuation not to exceed four hundred eighty hours at the | 9532 |
| employee's total rate of pay for absence as a result of injury | 9533 |
| incurred during the performance of, or arising out of, state | 9534 |
| employment. An employee is ineligible to receive salary | 9535 |
| continuation until the implementation date established in rules | 9536 |
| adopted under division (C)(1) of this section. In any case when an | 9537 |
| employee's absence as a result of such an injury extends beyond | 9538 |
| four hundred eighty hours, the employee immediately becomes | 9539 |
| subject to sections 124.382 and 124.385 of the Revised Code | 9540 |
| regarding sick leave and disability leave benefits. | 9541 |
| (2) Each employee of the department of rehabilitation and | 9542 |
| correction, the department of mental health, the department of | 9543 |
|
mental retardation and developmental
disabilities, or the | 9544 |
| 9545 | |
| employee of the department of education who works at the Ohio | 9546 |
| schools for the deaf and blind, and each employee of the | 9547 |
| department of youth services as established in division (A) of | 9548 |
|
section 124.14 of
the Revised Code who | 9549 |
| 9550 | |
| 9551 | |
| ward of these agencies during the time the employee is lawfully | 9552 |
| carrying out the assigned duties of the employee's position shall | 9553 |
| be paid occupational injury leave at the employee's total rate of | 9554 |
| pay during the period the employee is disabled as a result of | 9555 |
|
that | 9556 |
|
exceed | 9557 |
|
lieu of
workers'
compensation. Pay
made according to this | 9558 |
| division shall not be charged to the employee's accumulation of | 9559 |
| sick leave credit. In any case when an employee's disability as a | 9560 |
| result of such a qualifying physical condition extends beyond | 9561 |
| nine hundred sixty hours, the employee immediately becomes | 9562 |
| subject to sections 124.382 and 124.385 of the Revised Code | 9563 |
| regarding sick leave and disability leave benefits. | 9564 |
| (B) An employee who is receiving salary continuation or | 9565 |
| occupational injury leave under division (A)(1) or (2) of this | 9566 |
| section is not eligible for other paid leave, including holiday | 9567 |
| pay, while receiving benefits under either division. While an | 9568 |
| employee is receiving salary continuation or occupational injury | 9569 |
| leave under division (A)(1) or (2) of this section, vacation | 9570 |
| leave credit ceases to accrue to the employee under section | 9571 |
| 124.134 of the Revised Code, but sick leave credit and personal | 9572 |
| leave credit continue to accrue to the employee under sections | 9573 |
| 124.382 and 124.386 of the Revised Code. | 9574 |
| (C)(1) The director of administrative services shall adopt | 9575 |
| rules for the administration of both the salary continuation | 9576 |
| program and the occupational injury leave program. The rules | 9577 |
| shall include, but not be limited to, provisions for determining a | 9578 |
| disability, for filing a claim for leave under this section, and | 9579 |
| for allowing or denying claims for the leave. | 9580 |
| | 9581 |
| 9582 | |
| 9583 | |
| 9584 | |
| 9585 | |
| 9586 |
| | 9587 |
| 9588 | |
| 9589 | |
| 9590 | |
| 9591 |
| (2) The director also may adopt rules for the payment of | 9592 |
| health benefits while an employee is on workers' compensation | 9593 |
| leave. | 9594 |
| (D) An appointing authority may apply to the director of | 9595 |
| administrative services to grant salary continuation under | 9596 |
|
division (A)(1) of this section or occupational injury leave | 9597 |
| 9598 | |
| enforcement personnel employed by the agency. | 9599 |
| Sec. 124.382. (A) As used in this section and sections | 9600 |
| 124.383, 124.386, 124.387, and 124.388 of the Revised Code: | 9601 |
| (1) "Pay period" means the fourteen-day period of time during | 9602 |
| which the payroll is accumulated, as determined by the director of | 9603 |
| administrative services. | 9604 |
| (2) "Active pay status" means the conditions under which an | 9605 |
| employee is eligible to receive pay, and includes, but is not | 9606 |
| limited to, vacation leave, sick leave, personal leave, | 9607 |
| bereavement leave, and administrative leave. | 9608 |
| (3) "No pay status" means the conditions under which an | 9609 |
| employee is ineligible to receive pay and includes, but is not | 9610 |
| limited to, leave without pay, leave of absence, and disability | 9611 |
| leave. | 9612 |
| (4) "Disability leave" means the leave granted pursuant to | 9613 |
| section 124.385 of the Revised Code. | 9614 |
| (5) "Full-time permanent employee" means an employee whose | 9615 |
| regular hours of duty total eighty hours in a pay period in a | 9616 |
| state agency and whose appointment is not for a limited period of | 9617 |
| time. | 9618 |
| (6) "Base rate of pay" means the rate of pay established | 9619 |
| under schedule B or C of section 124.15 of the Revised Code or | 9620 |
| under schedule E-1, schedule E-1 for step seven only, or schedule | 9621 |
| E-2 of section 124.152 of the Revised Code, plus any supplement | 9622 |
| provided under section 124.181 of the Revised Code, plus any | 9623 |
| supplements enacted into law which are added to schedule B or C of | 9624 |
| section 124.15 of the Revised Code or to schedule E-1, schedule | 9625 |
| E-1 for step seven only, or schedule E-2 of section 124.152 of the | 9626 |
| Revised Code. | 9627 |
| (7) "Part-time permanent employee" means an employee whose | 9628 |
| regular hours of duty total less than eighty hours in a pay period | 9629 |
| in a state agency and whose appointment is not for a limited | 9630 |
| period of time. | 9631 |
| (B) Each full-time permanent and part-time permanent employee | 9632 |
| whose salary or wage is paid directly by warrant of the director | 9633 |
| of budget and management shall be credited with sick leave of | 9634 |
| three and one-tenth hours for each completed eighty hours of | 9635 |
| service, excluding overtime hours worked. Sick leave is not | 9636 |
| available for use until it appears on the employee's earning | 9637 |
| statement and the compensation described in the earning statement | 9638 |
| is available to the employee. | 9639 |
| (C) Any sick leave credit provided pursuant to division (B) | 9640 |
| of this section, remaining as of the last day of the pay period | 9641 |
| preceding the first paycheck the employee receives in December, | 9642 |
| shall be converted pursuant to section 124.383 of the Revised | 9643 |
| Code. | 9644 |
| (D) Employees may use sick leave, provided a credit balance | 9645 |
| is available, upon approval of the responsible administrative | 9646 |
| officer of the employing unit, for absence due to personal | 9647 |
| illness, pregnancy, injury, exposure to contagious disease that | 9648 |
| could be communicated to other employees, and illness, injury, or | 9649 |
| death in the employee's immediate family. When sick leave is | 9650 |
| used, it shall be deducted from the employee's credit on the basis | 9651 |
| of absence from previously scheduled work in such increments of an | 9652 |
| hour and at such a compensation rate as the director of | 9653 |
| administrative services determines. The appointing authority of | 9654 |
| each employing unit may require an employee to furnish a | 9655 |
| satisfactory, signed statement to justify the use of sick leave. | 9656 |
| If, after having utilized the credit provided by this | 9657 |
| section, an employee utilizes sick leave that was accumulated | 9658 |
| prior to November 15, 1981, compensation for such sick leave used | 9659 |
| shall be at a rate as the director determines. | 9660 |
| (E)(1) The previously accumulated sick leave balance of an | 9661 |
| employee who has been separated from the public service, for which | 9662 |
| separation payments pursuant to section 124.384 of the Revised | 9663 |
| Code have not been made, shall be placed to the employee's credit | 9664 |
| upon the employee's reemployment in the public service, if the | 9665 |
| reemployment takes place within ten years of the date on which the | 9666 |
| employee was last terminated from public service. | 9667 |
| (2) The previously accumulated sick leave balance of an | 9668 |
| employee who has separated from a school district shall be placed | 9669 |
| to the employee's credit upon the employee's appointment as an | 9670 |
| unclassified employee of the state department of education, if all | 9671 |
| of the following apply: | 9672 |
| (a) The employee accumulated the sick leave balance while | 9673 |
| employed by the school district. | 9674 |
| (b) The employee did not receive any separation payments for | 9675 |
| the sick leave balance. | 9676 |
| (c) The employee's employment with the department takes place | 9677 |
| within ten years after the date on which the employee separated | 9678 |
| from the school district. | 9679 |
| (F) An employee who transfers from one public agency to | 9680 |
| another shall be credited with the unused balance of the | 9681 |
| employee's accumulated sick leave. | 9682 |
| (G) The director of administrative services shall establish | 9683 |
| procedures to uniformly administer this section. No sick leave may | 9684 |
| be granted to a state employee upon or after the employee's | 9685 |
| retirement or termination of employment. | 9686 |
| (H) As used in this division, "active payroll" means | 9687 |
| conditions under which an employee is in active pay status or | 9688 |
| eligible to receive pay for an approved leave of absence, | 9689 |
| including, but not limited to, occupational injury leave, | 9690 |
| disability leave, or workers' compensation. | 9691 |
| (1) Employees who are in active payroll status on June 18, | 9692 |
| 2011, shall receive a one-time credit of additional sick leave in | 9693 |
| the pay period that begins on July 1, 2011. Full-time employees | 9694 |
| shall receive a one-time credit of thirty-two hours of additional | 9695 |
| sick leave or a credit of additional sick leave equivalent to half | 9696 |
| the hours of personal leave the employee lost during the | 9697 |
| moratorium under division (A) of section 124.386 of the Revised | 9698 |
| Code, whichever is less. Part-time employees shall receive a | 9699 |
| one-time credit of sixteen hours of additional sick leave. | 9700 |
| (2) Employees who are not in active payroll status due to | 9701 |
| military leave or an absence taken in accordance with the federal | 9702 |
| "Family and Medical Leave Act" are eligible to receive the | 9703 |
| one-time additional sick leave credit. | 9704 |
| (3) The one-time additional sick leave credit does not apply | 9705 |
| to employees of the secretary of state, auditor of state, | 9706 |
| treasurer of state, or attorney general unless the secretary of | 9707 |
| state, auditor of state, treasurer of state, or attorney general | 9708 |
| participated in the moratorium under division (H) of section | 9709 |
| 124.386 of the Revised Code and notified the director of | 9710 |
| administrative services on or before July 1, 2009, of the decision | 9711 |
| to participate in the one-time additional sick leave credit. | 9712 |
| Sec. 124.385. (A) An employee is eligible for disability | 9713 |
| leave benefits under this section if the employee has completed | 9714 |
| one year of continuous state service immediately prior to the date | 9715 |
| of the disability and if any of the following applies: | 9716 |
| (1) The employee is a full-time permanent employee and is | 9717 |
| eligible for sick leave credit pursuant to division (B) of section | 9718 |
| 124.382 of the Revised Code. | 9719 |
| (2) The employee is a part-time permanent employee who has | 9720 |
| worked at least fifteen hundred hours within the twelve-month | 9721 |
| period immediately preceding the date of disability and is | 9722 |
| eligible for sick leave credit under division (B) of section | 9723 |
| 124.382 of the Revised Code. | 9724 |
| (3) The employee is a full-time permanent or part-time | 9725 |
| permanent employee, is on disability leave or leave of absence for | 9726 |
| medical reasons, and would be eligible for sick leave credit | 9727 |
| pursuant to division (B) of section 124.382 of the Revised Code | 9728 |
| except that the employee is in no pay status due to the employee's | 9729 |
| medical condition. | 9730 |
| (B) The director of administrative services, by rule adopted | 9731 |
| in accordance with Chapter 119. of the Revised Code, shall | 9732 |
| establish a disability leave program. The rule shall include, but | 9733 |
| shall not be limited to, the following: | 9734 |
| (1) Procedures to be followed for determining disability; | 9735 |
| (2) Provisions for the allowance of disability leave due to | 9736 |
| illness or injury; | 9737 |
| (3) Provisions for the continuation of service credit for | 9738 |
| employees granted disability leave, including service credit | 9739 |
| towards retirement, as provided by the applicable statute; | 9740 |
| (4) The establishment of a minimum level of benefit and of a | 9741 |
| waiting period before benefits begin; | 9742 |
| (5) Provisions setting a maximum length of benefit and | 9743 |
| requiring that employees eligible to apply for disability | 9744 |
| retirement shall do so prior to completing the first six months of | 9745 |
| their period of disability. The director's rules shall indicate | 9746 |
| those employees required to apply for disability retirement. If an | 9747 |
| employee is approved to receive disability retirement, the | 9748 |
| employee shall receive the retirement benefit and a supplement | 9749 |
| payment that equals a percentage of the employee's base rate of | 9750 |
| pay and that, when added to the retirement benefit, equals no more | 9751 |
| than the percentage of pay received by employees after the first | 9752 |
| six months of disability. This supplemental payment shall not be | 9753 |
| considered earnable salary, compensation, or salary, and is not | 9754 |
| subject to contributions, under Chapter 145., 742., 3307., 3309., | 9755 |
| or 5505. of the Revised Code. | 9756 |
| (6) Provisions that allow employees to utilize available sick | 9757 |
| leave, personal leave, compensatory time, or vacation leave | 9758 |
| balances to supplement the benefits payable under this section. | 9759 |
| The balances used to supplement the benefits, plus any amount | 9760 |
| contributed by the state as provided in division (D) of this | 9761 |
| section, shall be paid at the employee's base rate of pay in an | 9762 |
| amount sufficient to give employees up to one hundred per cent of | 9763 |
| pay for time on disability. | 9764 |
| (7) Procedures for appealing denial of payment of a claim, | 9765 |
| including the following: | 9766 |
| (a) A maximum of thirty days to file an appeal by the | 9767 |
| employee; | 9768 |
| (b) A maximum of fifteen days for the parties to select a | 9769 |
| third-party opinion pursuant to division (F) of this section, | 9770 |
| unless an extension is agreed to by the parties; | 9771 |
| (c) A maximum of thirty days for the third party to render an | 9772 |
| opinion. | 9773 |
| (8) Provisions for approving leave of absence for medical | 9774 |
| reasons where an employee is in no pay status because the employee | 9775 |
| has used all the employee's sick leave, personal leave, vacation | 9776 |
| leave, and compensatory time; | 9777 |
| (9) Provisions for precluding the payment of benefits if the | 9778 |
| injury for which the benefits are sought is covered by a workers' | 9779 |
| compensation plan; | 9780 |
| (10) Provisions for precluding the payment of benefits in | 9781 |
| order to ensure that benefits are provided in a consistent manner. | 9782 |
| (C) Except as provided in division (B)(6) of this section, | 9783 |
| time off for an employee granted disability leave is not | 9784 |
| chargeable to any other leave granted by other sections of the | 9785 |
| Revised Code. | 9786 |
| (D) While an employee is on an approved disability leave, the | 9787 |
| employer's and employee's share of health, life, and other | 9788 |
| insurance benefits shall be paid by the state, and the retirement | 9789 |
| contribution shall be paid as follows: | 9790 |
| (1) The employer's share shall be paid by the state. | 9791 |
| (2) For the first three months, the employee's share shall be | 9792 |
| paid by the employee. | 9793 |
| (3) After the first three months, the employee's share shall | 9794 |
| be paid by the state. | 9795 |
| (E) The approval for disability leave shall be made by the | 9796 |
| director, upon recommendation by the appointing authority. The | 9797 |
| director may delegate to any appointing authority the authority to | 9798 |
| approve disability benefits for a standard recovery period. | 9799 |
| (F) If a request for disability leave is denied based on a | 9800 |
| medical determination, the director shall obtain a medical opinion | 9801 |
| from a third party. The decision of the third party is binding. | 9802 |
| (G) The rule adopted by the director under division (B) of | 9803 |
| this section shall not deny disability leave benefits for an | 9804 |
| illness or injury to an employee who is a veteran of the United | 9805 |
| States armed forces because the employee contracted the illness or | 9806 |
| received the injury in the course of or as a result of military | 9807 |
| service and the illness or injury is or may be covered by a | 9808 |
| compensation plan administered by the United States department of | 9809 |
| veterans affairs. | 9810 |
| Sec. 124.386. (A) Each full-time permanent employee paid in | 9811 |
| accordance with section 124.152 of the Revised Code and those | 9812 |
| full-time permanent employees listed in divisions (B)(2) and (4) | 9813 |
| of section 124.14 of the Revised Code shall be credited with | 9814 |
| thirty-two hours of personal leave each year. Each part-time | 9815 |
| permanent employee paid in accordance with section 124.152 of the | 9816 |
| Revised Code and those part-time permanent employees listed in | 9817 |
| divisions (B)(2) and (4) of section 124.14 of the Revised Code | 9818 |
| shall receive a pro-rated personal leave credit as determined by | 9819 |
| rule of the director of administrative services. The credit shall | 9820 |
| be made to each eligible employee in the first pay the employee | 9821 |
| receives in December. Employees, upon giving reasonable notice to | 9822 |
| the responsible administrative officer of the appointing | 9823 |
| authority, may use personal leave for absence due to mandatory | 9824 |
| court appearances, legal or business matters, family emergencies, | 9825 |
| unusual family obligations, medical appointments, weddings, | 9826 |
| religious holidays not listed in section 124.19 of the Revised | 9827 |
| Code, or any other matter of a personal nature. Personal leave may | 9828 |
| not be used on a holiday when an employee is scheduled to work. | 9829 |
| Personal leave is not available for use until it appears on | 9830 |
| the employee's earning statement and the compensation described in | 9831 |
| the earning statement is available to the employee. | 9832 |
| There shall be a moratorium on personal leave accrual | 9833 |
| beginning with the credit employees would have received in | 9834 |
| December 2009. Personal leave accrual shall resume with employees | 9835 |
| receiving credit in December 2011 and there shall be no | 9836 |
| retroactive grant of credit for the period the moratorium was in | 9837 |
| effect. | 9838 |
| (B) When personal leave is used, it shall be deducted from | 9839 |
| the unused balance of the employee's personal leave on the basis | 9840 |
| of absence in such increments of an hour as the director of | 9841 |
| administrative services determines. Compensation for personal | 9842 |
| leave shall be equal to the employee's base rate of pay. | 9843 |
| (C) A newly appointed full-time permanent employee or a | 9844 |
| 9845 | |
| permanent appointment shall be credited with personal leave of | 9846 |
| thirty-two hours, less one and two-tenths hours for each pay | 9847 |
| period that has elapsed following the first paycheck the employee | 9848 |
| receives in December, until the first day of the pay period | 9849 |
| during which the appointment was effective. | 9850 |
| (D) The director of administrative services shall allow | 9851 |
| employees to elect one of the following options with respect to | 9852 |
| the unused balance of personal leave: | 9853 |
| (1) Carry forward the balance. The maximum credit that shall | 9854 |
| be available to an employee at any one time is forty hours. | 9855 |
| (2) Convert the balance to accumulated sick leave, to be used | 9856 |
| in the manner provided by section 124.382 of the Revised Code; | 9857 |
| (3) Receive a cash benefit. The cash benefit shall equal one | 9858 |
| hour of the employee's base rate of pay for every hour of unused | 9859 |
| credit that is converted. An employee serving in a temporary work | 9860 |
| level who elects to convert unused personal leave to cash shall do | 9861 |
| so at the base rate of pay of the employee's normal | 9862 |
| classification. Such cash benefit shall not be subject to | 9863 |
| contributions to any of the retirement systems, either by the | 9864 |
| employee or the employer. | 9865 |
| There shall be a moratorium on the payment for conversion of | 9866 |
| unused personal leave until December 2011. | 9867 |
| (E) A full-time permanent employee who separates from state | 9868 |
| service or becomes ineligible to be credited with leave under this | 9869 |
| section shall receive a reduction of personal leave credit of one | 9870 |
| and two-tenths hours for each pay period that remains beginning | 9871 |
| with the first pay period following the date of separation or the | 9872 |
| effective date of the employee's ineligibility until the pay | 9873 |
| period preceding the next base pay period. After calculation of | 9874 |
| the reduction of an employee's personal leave credit, the employee | 9875 |
| is entitled to compensation for any remaining personal leave | 9876 |
| credit at the employee's current base rate of pay. If the | 9877 |
| reduction results in a number of hours less than zero, the cash | 9878 |
| equivalent value of such number of hours shall be deducted from | 9879 |
| any compensation that remains payable to the employee, or from the | 9880 |
| cash conversion value of any vacation or sick leave that remains | 9881 |
| credited to the employee. An employee serving in a temporary work | 9882 |
| level who is eligible to receive compensation under this section | 9883 |
| shall be compensated at the base rate of pay of the employee's | 9884 |
| normal classification. | 9885 |
| (F) An employee who transfers from one public agency to | 9886 |
| another public agency in which the employee is eligible for the | 9887 |
| credit provided under this section shall be credited with the | 9888 |
| unused balance of personal leave. | 9889 |
| (G) The director of administrative services shall establish | 9890 |
| procedures to uniformly administer this section. No personal leave | 9891 |
| may be granted to a state employee upon or after retirement or | 9892 |
| termination of employment. | 9893 |
| (H) The moratoria imposed under divisions (A) and (D)(3) of | 9894 |
| this section shall apply to employees of the secretary of state, | 9895 |
| auditor of state, treasurer of state, and attorney general who are | 9896 |
| subject to this section unless the secretary of state, auditor of | 9897 |
| state, treasurer of state, or attorney general decides to exempt | 9898 |
| the office's employees from the moratoria and so notifies the | 9899 |
| director of administrative services in writing on or before July | 9900 |
| 1, 2009. | 9901 |
| Sec. 124.392. (A) As used in this section | 9902 |
| (1) "Exempt employee" has the same meaning as in section | 9903 |
| 124.152 of the Revised Code. | 9904 |
| (2) "Fiscal emergency" means a fiscal emergency declared by | 9905 |
| the governor under section 126.05 of the Revised Code. | 9906 |
| (B) The director of administrative services may establish a | 9907 |
|
voluntary cost savings program for exempt employees. | 9908 |
| (C) The director of administrative services shall establish a | 9909 |
| mandatory cost savings program applicable to exempt employees. | 9910 |
| Subject to division (C)(1) of this section, the program may | 9911 |
| include, but is not limited to, a loss of pay or loss of holiday | 9912 |
| pay as determined by the director. The program may be administered | 9913 |
| differently among exempt employees based on their classifications, | 9914 |
| appointment categories, appointing authorities, or other relevant | 9915 |
| distinctions. | 9916 |
| (1) Each full-time exempt employee shall participate in the | 9917 |
| program for a total of eighty hours of mandatory cost savings in | 9918 |
| both fiscal year 2010 and fiscal year 2011. Each part-time exempt | 9919 |
| employee shall participate in the program by not receiving holiday | 9920 |
| pay during both fiscal year 2010 and fiscal year 2011. Each | 9921 |
| employee of the secretary of state, auditor of state, treasurer of | 9922 |
| state, and attorney general shall participate in the program | 9923 |
| unless the secretary of state, auditor of state, treasurer of | 9924 |
| state, or attorney general decides to exempt the officer's | 9925 |
| employees from the program and so notifies the director of | 9926 |
| administrative services in writing on or before July 1, 2009. | 9927 |
| (2) After June 30, 2011, the director of administrative | 9928 |
| services, in consultation with the director of budget and | 9929 |
| management, may implement mandatory cost savings days applicable | 9930 |
| to exempt employees in the event of a fiscal emergency. Each | 9931 |
| employee of the secretary of state, auditor of state, treasurer of | 9932 |
| state, and attorney general shall participate in the mandatory | 9933 |
| cost savings days unless the secretary of state, auditor of state, | 9934 |
| treasurer of state, or attorney general decides to exempt the | 9935 |
| officer's employees from the mandatory cost savings days and so | 9936 |
| notifies the director of administrative services in the manner the | 9937 |
| director of administrative services prescribes by rule adopted | 9938 |
| under this section. | 9939 |
| (D) The director shall adopt rules in accordance with Chapter | 9940 |
| 119. of the Revised Code to provide for the administration of the | 9941 |
| 9942 |
| Sec. 124.81. (A) Except as provided in division | 9943 |
| this section, the department of administrative services in | 9944 |
| consultation with the superintendent of insurance shall negotiate | 9945 |
| with and, in accordance with the competitive selection procedures | 9946 |
| of Chapter 125. of the Revised Code, contract with one or more | 9947 |
| insurance companies authorized to do business in this state, for | 9948 |
| the issuance of one of the following: | 9949 |
| (1) A policy of group life insurance covering all state | 9950 |
| employees who are paid directly by warrant of the state auditor, | 9951 |
| including elected state officials; | 9952 |
| (2) A combined policy, or coordinated policies of one or more | 9953 |
| insurance companies or health insuring corporations in combination | 9954 |
| with one or more insurance companies providing group life and | 9955 |
| health, medical, hospital, dental, or surgical insurance, or any | 9956 |
| combination thereof, covering all such employees; | 9957 |
| (3) A policy that may include, but is not limited to, | 9958 |
| hospitalization, surgical, major medical, dental, vision, and | 9959 |
| medical care, disability, hearing aids, prescription drugs, group | 9960 |
| life, life, sickness, and accident insurance, group legal | 9961 |
| services, or a combination of the above benefits for some or all | 9962 |
| of the employees paid in accordance with section 124.152 of the | 9963 |
| Revised Code and for some or all of the employees listed in | 9964 |
| divisions (B)(2) and (4) of section 124.14 of the Revised Code, | 9965 |
| and their immediate dependents. | 9966 |
| (B) The department of administrative services in consultation | 9967 |
| with the superintendent of insurance shall negotiate with and, in | 9968 |
| accordance with the competitive selection procedures of Chapter | 9969 |
| 125. of the Revised Code, contract with one or more insurance | 9970 |
| companies authorized to do business in this state, for the | 9971 |
| issuance of a policy of group life insurance covering all | 9972 |
| municipal and county court judges. The amount of such coverage | 9973 |
| shall be an amount equal to the aggregate salary set forth for | 9974 |
| each municipal court judge in sections 141.04 and 1901.11 of the | 9975 |
| Revised Code, and set forth for each county court judge in | 9976 |
| sections 141.04 and 1907.16 of the Revised Code. On and after the | 9977 |
| effective date of the policy of group life insurance coverage, a | 9978 |
| municipal or county court judge is ineligible for life insurance | 9979 |
| coverage from a county or other political subdivision. | 9980 |
| (C) If a state employee uses all accumulated sick leave and | 9981 |
| then goes on an extended medical disability, the policyholder | 9982 |
| shall continue at no cost to the employee the coverage of the | 9983 |
| group life insurance for such employee for the period of such | 9984 |
| extended leave, but not beyond three years. | 9985 |
| | 9986 |
| insurance policy as provided in division (A) of this section is | 9987 |
| laid off pursuant to section 124.32 of the Revised Code, such | 9988 |
| employee by request to the policyholder, made no later than the | 9989 |
| effective date of the layoff, may elect to continue the employee's | 9990 |
| group life insurance for the one-year period through which the | 9991 |
| employee may be considered to be on laid-off status by paying the | 9992 |
| policyholder through payroll deduction or otherwise twelve times | 9993 |
| the monthly premium computed at the existing average rate for the | 9994 |
| group life case for the amount of the employee's insurance | 9995 |
| thereunder at the time of the employee's layoff. The policyholder | 9996 |
| shall pay the premiums to the insurance company at the time of the | 9997 |
| next regular monthly premium payment for the actively insured | 9998 |
| employees and furnish the company appropriate data as to such | 9999 |
| laid-off employees. At the time an employee receives written | 10000 |
| notice of a layoff, the policyholder shall also give such employee | 10001 |
| written notice of the opportunity to continue group life insurance | 10002 |
| in accordance with this division. When such laid-off employee is | 10003 |
| reinstated for active work before the end of the one-year period, | 10004 |
| the employee shall be reclassified as insured again as an active | 10005 |
| employee under the group and appropriate refunds for the number of | 10006 |
| full months of unearned premium payment shall be made by the | 10007 |
| policyholder. | 10008 |
| | 10009 |
| an insured employee when the employee's group insurance terminates | 10010 |
| under the policy. | 10011 |
| | 10012 |
| department may provide benefits equivalent to those that may be | 10013 |
| paid under a policy issued by an insurance company, or the | 10014 |
| department may, to comply with a collectively bargained contract, | 10015 |
| enter into an agreement with a jointly administered trust fund | 10016 |
| which receives contributions pursuant to a collective bargaining | 10017 |
| agreement entered into between this state, or any of its political | 10018 |
| subdivisions, and any collective bargaining representative of the | 10019 |
| employees of this state or any political subdivision for the | 10020 |
| purpose of providing for self-insurance of all risk in the | 10021 |
| provision of fringe benefits similar to those that may be paid | 10022 |
| pursuant to division (A) of this section, and the jointly | 10023 |
| administered trust fund may provide through the self-insurance | 10024 |
| method specific fringe benefits as authorized by the rules of the | 10025 |
| board of trustees of the jointly administered trust fund. Amounts | 10026 |
| from the fund may be used to pay direct and indirect costs that | 10027 |
| are attributable to consultants or a third-party administrator and | 10028 |
| that are necessary to administer this section. Benefits provided | 10029 |
| under this section include, but are not limited to, | 10030 |
| hospitalization, surgical care, major medical care, disability, | 10031 |
| dental care, vision care, medical care, hearing aids, prescription | 10032 |
| drugs, group life insurance, sickness and accident insurance, | 10033 |
| group legal services, or a combination of the above benefits, for | 10034 |
| the employees and their immediate dependents. | 10035 |
| | 10036 |
| Code, any public employer, including the state, and any of its | 10037 |
| political subdivisions, including, but not limited to, any county, | 10038 |
| county hospital, municipal corporation, township, park district, | 10039 |
| school district, state institution of higher education, public or | 10040 |
| special district, state agency, authority, commission, or board, | 10041 |
| or any other branch of public employment, and any collective | 10042 |
| bargaining representative of employees of the state or any | 10043 |
| political subdivision may agree in a collective bargaining | 10044 |
| agreement that any mutually agreed fringe benefit including, but | 10045 |
| not limited to, hospitalization, surgical care, major medical | 10046 |
| care, disability, dental care, vision care, medical care, hearing | 10047 |
| aids, prescription drugs, group life insurance, sickness and | 10048 |
| accident insurance, group legal services, or a combination | 10049 |
| thereof, for employees and their dependents be provided through a | 10050 |
| mutually agreed upon contribution to a jointly administered trust | 10051 |
| fund. Amounts from the fund may be used to pay direct and indirect | 10052 |
| costs that are attributable to consultants or a third-party | 10053 |
| administrator and that are necessary to administer this section. | 10054 |
| The amount, type, and structure of fringe benefits provided under | 10055 |
| this division is subject to the determination of the board of | 10056 |
| trustees of the jointly administered trust fund. Notwithstanding | 10057 |
| any other provision of the Revised Code, competitive bidding does | 10058 |
| not apply to the purchase of fringe benefits for employees under | 10059 |
| this division through a jointly administered trust fund. | 10060 |
| Sec. 124.821. The health care spending account fund is hereby | 10061 |
| created in the state treasury. The director of administrative | 10062 |
| services shall use money in the fund to make payments with regard | 10063 |
| to the participation of state employees in flexible spending | 10064 |
| accounts for certain nonreimbursed medical and dental expenses | 10065 |
| under section 125 of the Internal Revenue Code. All investment | 10066 |
| earnings on money in the fund shall be credited to the fund. | 10067 |
| Sec. 124.822. The dependent care spending account fund is | 10068 |
| hereby created in the state treasury. The director of | 10069 |
| administrative services shall use money in the fund to make | 10070 |
| payments with regard to the participation of state employees in | 10071 |
| flexible spending accounts for work-related dependent care | 10072 |
| expenses under section 125 of the Internal Revenue Code. All | 10073 |
| investment earnings on money in the fund shall be credited to the | 10074 |
| fund. | 10075 |
| Sec. 124.86. There is hereby created in the state treasury | 10076 |
| the employee educational development fund, to be used to pay the | 10077 |
| state administrative costs of any education program undertaken | 10078 |
| pursuant to specific collective bargaining agreements identified | 10079 |
| in uncodified law governing expenditure of the fund. The director | 10080 |
| of administrative services shall establish, and shall obtain the | 10081 |
| approval of the director of budget and management for, a charge | 10082 |
| for each such program that is sufficient only to recover those | 10083 |
| costs. All money collected from such a charge shall be deposited | 10084 |
| to the credit of the fund, and all interest earned on the fund | 10085 |
| shall accrue to the fund. The director of administrative services | 10086 |
| shall administer the fund in accordance with the respective | 10087 |
| collective bargaining agreements and may adopt rules for the | 10088 |
| purpose of this administration. | 10089 |
| Sec. 125.081. (A) From the purchases that the department of | 10090 |
| administrative services is required by law to make through | 10091 |
| competitive selection, the director of administrative services | 10092 |
| shall select a number of such purchases, the aggregate value of | 10093 |
| which equals approximately fifteen per cent of the estimated total | 10094 |
| value of all such purchases to be made in the current fiscal year. | 10095 |
| The director shall set aside the purchases selected for | 10096 |
| competition only by minority business enterprises, as defined in | 10097 |
| division (E)(1) of section 122.71 of the Revised Code. The | 10098 |
| competitive selection procedures for such purchases set aside | 10099 |
| shall be the same as for all other purchases the department is | 10100 |
| required to make through competitive selection, except that only | 10101 |
| minority business enterprises certified by the equal employment | 10102 |
| opportunity coordinator of the department of administrative | 10103 |
| services in accordance with the rules adopted under division | 10104 |
| (B)(1) of section 123.151 of the Revised Code and listed by the | 10105 |
| director under division (B) of section 125.08 of the Revised Code | 10106 |
| shall be qualified to compete. | 10107 |
| (B) To the extent that any agency of the state, including | 10108 |
| state universities as defined in section 3345.011 of the Revised | 10109 |
| Code and the Ohio housing finance agency, the third frontier | 10110 |
| commission, the clean Ohio council, and the Ohio school facilities | 10111 |
| commission, other than the department of administrative services, | 10112 |
| the legislative and judicial branches, boards of elections, and | 10113 |
| the adjutant general, is authorized to make purchases, the agency | 10114 |
| shall set aside a number of purchases, the aggregate value of | 10115 |
| which equals approximately fifteen per cent of the aggregate value | 10116 |
| of such purchases for the current fiscal year for competition by | 10117 |
| minority business enterprises only. The procedures for such | 10118 |
| purchases shall be the same as for all other such purchases made | 10119 |
| by the agency, except that only minority business enterprises | 10120 |
| certified by the equal employment opportunity coordinator in | 10121 |
| accordance with rules adopted under division (B)(1) of section | 10122 |
| 123.151 of the Revised Code shall be qualified to compete. | 10123 |
| In awarding contracts under division (A) or (B) of this | 10124 |
| section, the department of administrative services or another | 10125 |
| state agency shall comply with section 123.154 of the Revised | 10126 |
| Code. | 10127 |
| (C) In the case of purchases set aside under division (A) or | 10128 |
| (B) of this section, if no bid is submitted by a minority business | 10129 |
| enterprise, the purchase shall be made according to usual | 10130 |
| procedures. The contracting agency shall from time to time set | 10131 |
| aside such additional purchases for which only minority business | 10132 |
| enterprises may compete, as are necessary to replace those | 10133 |
| purchases previously set aside for which no minority business | 10134 |
| enterprises bid and to ensure that, in any fiscal year, the | 10135 |
| aggregate amount of contracts awarded to minority business | 10136 |
| enterprises will equal approximately fifteen per cent of the total | 10137 |
| amount of contracts awarded by the agency. | 10138 |
| (D) The provisions of this section shall not preclude any | 10139 |
| minority business enterprise from competing for any other state | 10140 |
| purchases that are not specifically set aside for minority | 10141 |
| business enterprises. | 10142 |
| (E) No funds of any state agency shall be expended in any | 10143 |
| fiscal year for any purchase for which competitive selection is | 10144 |
| required, until the director of the department of administrative | 10145 |
| services certifies to the equal employment opportunity | 10146 |
| coordinator, the clerk of the senate, and the clerk of the house | 10147 |
| of representatives of the general assembly that approximately | 10148 |
| fifteen per cent of the aggregate amount of the projected | 10149 |
| expenditure for such purchases in the fiscal year has been set | 10150 |
| aside as provided for in this section. | 10151 |
| (F) Any person who intentionally misrepresents self as | 10152 |
| owning, controlling, operating, or participating in a minority | 10153 |
| business enterprise for the purpose of obtaining contracts, | 10154 |
| subcontracts, or any other benefits under this section shall be | 10155 |
| guilty of theft by deception as provided for in section 2913.02 of | 10156 |
| the Revised Code. | 10157 |
| Sec. 125.20. (A) Within one hundred eighty days after the | 10158 |
| effective date of this section, the director of administrative | 10159 |
| services shall establish an electronic site accessible through | 10160 |
| the internet to publish the following: | 10161 |
| (1) A database containing each state employee's year-to-date | 10162 |
| gross pay and pay from the most recent pay period. The database | 10163 |
| shall contain searchable fields including the name of the agency, | 10164 |
| position title, and employee name. | 10165 |
| (2) A database containing agency expenditures for goods and | 10166 |
| services that shall contain searchable fields including the name | 10167 |
| of the agency, expenditure amount, category of good or service for | 10168 |
| which an expenditure is made, and contractor or vendor name; | 10169 |
| (3) A database containing tax credits issued by the director | 10170 |
| of development to business entities that shall contain searchable | 10171 |
| fields, including the name under which the tax credit is known, | 10172 |
| the name of the entity receiving the credit, and the county in | 10173 |
| which the credit recipient's principal place of business in this | 10174 |
| state is located. | 10175 |
| (B) Daily, each executive agency shall provide to the | 10176 |
| department of administrative services information to be published | 10177 |
| in the databases under division (A) of this section. The director | 10178 |
| of administrative services may adopt rules governing the means by | 10179 |
| which information is submitted and databases are updated. | 10180 |
| Sec. 125.22. (A) The department of administrative services | 10181 |
|
shall establish the central service agency to perform
| 10182 |
| provide support for the following boards and commissions: | 10183 |
| (1) Architects board; | 10184 |
| (2) Barber board; | 10185 |
| (3) State chiropractic board; | 10186 |
| (4) State board of cosmetology; | 10187 |
| (5) Accountancy board; | 10188 |
| (6) State dental board; | 10189 |
| (7) State board of optometry; | 10190 |
| (8) Ohio occupational therapy, physical therapy, and athletic | 10191 |
| trainers board; | 10192 |
| (9) State board of registration for professional engineers | 10193 |
| and surveyors; | 10194 |
| (10) State board of sanitarian registration; | 10195 |
| (11) Board of embalmers and funeral directors; | 10196 |
| (12) State board of psychology; | 10197 |
| (13) Ohio optical dispensers board; | 10198 |
| (14) Board of speech-language pathology and audiology; | 10199 |
| (15) Counselor, social worker, and marriage and family | 10200 |
| therapist board; | 10201 |
| (16) State veterinary medical licensing board; | 10202 |
| (17) Ohio board of dietetics; | 10203 |
| (18) Commission on Hispanic-Latino affairs; | 10204 |
| (19) Ohio respiratory care board; | 10205 |
| (20) | 10206 |
| | 10207 |
| (21) State medical board; | 10208 |
| (22) Board of nursing; | 10209 |
| (23) State board of pharmacy; | 10210 |
| (24) Ohio medical transportation board; | 10211 |
| (25) Ohio athletic commission; | 10212 |
| (26) Board of motor vehicle collision repair; | 10213 |
| (27) Manufactured homes commission; | 10214 |
| (28) Board of orthotics, prosthetics, and pedorthics; | 10215 |
| (29) State board of career colleges and schools. | 10216 |
| (B)(1) | 10217 |
| On or before June 30, 2010, the agency, in conjunction with the | 10218 |
| individual boards and commissions named in division (A) of the | 10219 |
| section, shall develop and implement specific service level | 10220 |
| agreements and agency specific addendums to perform and provide | 10221 |
| 10222 | |
|
commissions | 10223 |
| 10224 | |
| 10225 | |
| 10226 | |
| for all or some of the following services: | 10227 |
| (a) | 10228 |
| and processing of payroll and other personnel documents; | 10229 |
| (b) Preparing and processing vouchers, purchase orders, | 10230 |
| encumbrances, and other accounting documents; | 10231 |
| (c) Maintaining ledgers of accounts and balances; | 10232 |
| (d) Preparing and monitoring budgets and allotment plans in | 10233 |
| consultation with the boards and commissions; | 10234 |
| (e) Other routine support services that the | 10235 |
| 10236 | |
| commissions consider appropriate to achieve efficiency. | 10237 |
| (2) The agency may perform and provide other services which a | 10238 |
| board or commission named in division (A) of this section | 10239 |
| delegates to the agency and the agency accepts. | 10240 |
| (3) The agency may perform and provide any service for any | 10241 |
| professional or occupational licensing board not named in division | 10242 |
| (A) of this section or any commission if the board or commission | 10243 |
| requests such service and the agency accepts. | 10244 |
| (C) The director of administrative services shall be the | 10245 |
| appointing authority for the agency. | 10246 |
| (D) The agency shall determine the fees to be charged to the | 10247 |
| boards and commissions, which shall be in proportion to the | 10248 |
| services performed or provided for each board or commission. All | 10249 |
| services shall be documented in the service level agreements and | 10250 |
| addendums signed by the agency and the boards and commissions. | 10251 |
| (E) Each board or commission named in division (A) of this | 10252 |
| section and any other board or commission requesting services from | 10253 |
| the agency shall pay these fees to the agency from the general | 10254 |
| revenue fund maintenance account of the board or commission or | 10255 |
| from such other fund as the operating expenses of the board or | 10256 |
| commission are paid. Any amounts set aside for a fiscal year by a | 10257 |
| board or commission to allow for the payment of fees shall be used | 10258 |
| only for the services performed or provided by the agency in that | 10259 |
| fiscal year. All receipts collected by the agency shall be | 10260 |
| deposited in the state treasury to the credit of the central | 10261 |
| service agency fund, which is hereby created. All expenses | 10262 |
| incurred by the agency in performing or providing services for the | 10263 |
| boards or commissions shall be paid from the fund. | 10264 |
| (F) | 10265 |
| 10266 | |
|
deny those personnel or fiscal actions | 10267 |
| 10268 | |
| addendum, subject to the terms and conditions of the agreement or | 10269 |
| addendum. The central service agency may in writing initiate or | 10270 |
| deny personnel or fiscal actions that are contrary to state law or | 10271 |
| policy. The state law or policy shall be stated in the initiation | 10272 |
| or denial. | 10273 |
| Sec. 125.24. With respect to any contract entered into under | 10274 |
| this chapter, which is made by the state or in whole or in part | 10275 |
| supported by state funds, a contractor shall comply with any | 10276 |
| regulation or ordinance that relates to the health, safety, | 10277 |
| status, and welfare of employees and that is enacted by the | 10278 |
| political subdivision in which the contract is to be performed. | 10279 |
| Sec. 125.831. As used in sections 125.831 to 125.834 of the | 10280 |
| Revised Code: | 10281 |
| (A) "Alternative fuel" means any of the following fuels used | 10282 |
| in a motor vehicle: | 10283 |
| (1) E85 blend fuel; | 10284 |
| (2) Blended biodiesel; | 10285 |
| (3) Natural gas; | 10286 |
| (4) Liquefied petroleum gas; | 10287 |
| (5) Hydrogen; | 10288 |
| (6) Compressed air; | 10289 |
| (7) Any power source, including electricity; | 10290 |
| | 10291 |
| of this section that the United States department of energy | 10292 |
| determines, by final rule, to be substantially not petroleum, and | 10293 |
| that would yield substantial energy security and environmental | 10294 |
| benefits. | 10295 |
| (B) "Biodiesel" means a mono-alkyl ester combustible liquid | 10296 |
| fuel that is derived from vegetable oils or animal fats, or any | 10297 |
| combination of those reagents that meets the American society for | 10298 |
| testing and materials specification for biodiesel fuel (B100) | 10299 |
| blend stock distillate fuels and any other standards that the | 10300 |
| director of administrative services adopts by rule. | 10301 |
| (C) "Blended biodiesel" means a blend of biodiesel with | 10302 |
| petroleum based diesel fuel in which the resultant product | 10303 |
| contains not less than twenty per cent biodiesel that meets the | 10304 |
| American society for testing and materials specification for | 10305 |
| blended diesel fuel and any other standards that the director of | 10306 |
| administrative services adopts by rule. | 10307 |
| (D) "Diesel fuel" means any liquid fuel that is capable of | 10308 |
| use in discrete form or as a blend component in the operation of | 10309 |
| engines of the diesel type. | 10310 |
| (E) "E85 blend fuel" means fuel containing eighty-five per | 10311 |
| cent or more ethanol as defined in section 5733.46 of the Revised | 10312 |
| Code or containing any other percentage of not less than seventy | 10313 |
| per cent ethanol if the United States department of energy | 10314 |
| determines, by rule, that the lower percentage is necessary to | 10315 |
| provide for the requirements of cold start, safety, or vehicle | 10316 |
| functions, and that meets the American society for testing and | 10317 |
| materials specification for E85 blend fuel and any other standards | 10318 |
| that the director of administrative services adopts by rule. | 10319 |
| (F) "Law enforcement officer" means an officer, agent, or | 10320 |
| employee of a state agency upon whom, by statute, a duty to | 10321 |
| conserve the peace or to enforce all or certain laws is imposed | 10322 |
| and the authority to arrest violators is conferred, within the | 10323 |
| limits of that statutory duty and authority, but does not include | 10324 |
| such an officer, agent, or employee if that duty and authority is | 10325 |
| location specific. | 10326 |
| (G)(1) "Motor vehicle" means any automobile, car minivan, | 10327 |
| cargo van, passenger van, sport utility vehicle, or pickup truck | 10328 |
| with a gross vehicle weight of under twelve thousand pounds. | 10329 |
| (2) "Motor vehicle" does not include, except for the purposes | 10330 |
| of division (C) of section 125.832 of the Revised Code, any | 10331 |
| vehicle described in division (G)(1) of this section that is used | 10332 |
| by a law enforcement officer and law enforcement agency or any | 10333 |
| vehicle that is so described and that is equipped with specialized | 10334 |
| equipment that is not normally found in such a vehicle and that is | 10335 |
| used to carry out a state agency's specific and specialized duties | 10336 |
| and responsibilities. | 10337 |
| (H) "Specialized equipment" does not include standard mobile | 10338 |
| radios with no capabilities other than voice communication, | 10339 |
| exterior and interior lights, or roof-mounted caution lights. | 10340 |
| (I) "State agency" means every organized body, office, board, | 10341 |
| authority, commission, or agency established by the laws of the | 10342 |
| state for the exercise of any governmental or quasi-governmental | 10343 |
| function of state government regardless of the funding source for | 10344 |
| that entity, other than any state institution of higher education, | 10345 |
| the office of the governor, lieutenant governor, auditor of state, | 10346 |
| treasurer of state, secretary of state, or attorney general, the | 10347 |
| general assembly or any legislative agency, the courts or any | 10348 |
| judicial agency, or any state retirement system or retirement | 10349 |
| program established by or referenced in the Revised Code. | 10350 |
| (J) "State institution of higher education" has the same | 10351 |
| meaning as in section 3345.011 of the Revised Code. | 10352 |
| Sec. 126.05. On or before the tenth day of each month, the | 10353 |
| director of budget and management shall furnish to the governor | 10354 |
| statements in such form as the governor requires showing the | 10355 |
| condition of the general revenue fund. The statements shall | 10356 |
| provide a summary of the status of appropriations to enable the | 10357 |
| governor to exercise and maintain effective supervision and | 10358 |
| control over the expenditures of the state. The director shall | 10359 |
| also furnish statements the governor requests showing the | 10360 |
| condition of any other fund. | 10361 |
| If the governor ascertains that the available revenue | 10362 |
| receipts and balances for the general revenue fund for the current | 10363 |
| fiscal year will in all probability be less than the | 10364 |
|
appropriations for the year, | 10365 |
| orders to the state agencies as will prevent their expenditures | 10366 |
| and incurred obligations from exceeding such revenue receipts and | 10367 |
| balances. | 10368 |
| If the governor ascertains that the available revenue | 10369 |
| receipts and balances for any fund other than the general revenue | 10370 |
| fund for the current fiscal year will in all probability be less | 10371 |
|
than the appropriations for the year, | 10372 |
| such orders to the state agencies as will prevent their | 10373 |
| expenditures and incurred obligations from exceeding such revenue | 10374 |
| receipts and balances. | 10375 |
| If the governor determines that the available revenue | 10376 |
| receipts and balances in any fund or across funds will likely be | 10377 |
| less than the appropriations for the year, the governor may | 10378 |
| declare a fiscal emergency and may issue such orders as necessary | 10379 |
| to the director of budget and management to reduce expenditures, | 10380 |
| or to the director of administrative services to implement | 10381 |
| personnel actions consistent therewith, including, but not | 10382 |
| limited to, mandatory cost savings days under section 124.392 of | 10383 |
| the Revised Code. | 10384 |
| As used in this section, "expenditures and incurred | 10385 |
| obligations" includes all moneys expended or obligated pursuant to | 10386 |
| appropriations by the general assembly that are calculated and | 10387 |
| distributed pursuant to a distribution formula in law. | 10388 |
| Sec. 126.21. (A) The director of budget and management shall | 10389 |
| do all of the following: | 10390 |
| (1) Keep all necessary accounting records; | 10391 |
| (2) Prescribe and maintain the accounting system of the state | 10392 |
| and establish appropriate accounting procedures and charts of | 10393 |
| accounts; | 10394 |
| (3) Establish procedures for the use of written, electronic, | 10395 |
| optical, or other communications media for approving and reviewing | 10396 |
| payment vouchers; | 10397 |
| (4) Reconcile, in the case of any variation between the | 10398 |
| amount of any appropriation and the aggregate amount of items of | 10399 |
| the appropriation, with the advice and assistance of the state | 10400 |
| agency affected by it and the legislative service commission, | 10401 |
| totals so as to correspond in the aggregate with the total | 10402 |
| appropriation. In the case of a conflict between the item and the | 10403 |
| total of which it is a part, the item shall be considered the | 10404 |
| intended appropriation. | 10405 |
| (5) Evaluate on an ongoing basis and, if necessary, recommend | 10406 |
| improvements to the internal controls used in state agencies; | 10407 |
| (6) Authorize the establishment of petty cash accounts. The | 10408 |
| director may withdraw approval for any petty cash account and | 10409 |
| require the officer in charge to return to the state treasury any | 10410 |
| unexpended balance shown by the officer's accounts to be on hand. | 10411 |
| Any officer who is issued a warrant for petty cash shall render a | 10412 |
| detailed account of the expenditures of the petty cash and shall | 10413 |
| report when requested the balance of petty cash on hand at any | 10414 |
| time. | 10415 |
| (7) Process orders, invoices, vouchers, claims, and payrolls | 10416 |
| and prepare financial reports and statements; | 10417 |
| (8) Perform extensions, reviews, and compliance checks prior | 10418 |
| to or after approving a payment as the director considers | 10419 |
| necessary; | 10420 |
| (9) Issue the official comprehensive annual financial report | 10421 |
| of the state. The report shall cover all funds of the state | 10422 |
| reporting entity and shall include basic financial statements and | 10423 |
| required supplementary information prepared in accordance with | 10424 |
| generally accepted accounting principles and other information as | 10425 |
| the director provides. All state agencies, authorities, | 10426 |
| institutions, offices, retirement systems, and other component | 10427 |
| units of the state reporting entity as determined by the director | 10428 |
| shall furnish the director whatever financial statements and other | 10429 |
| information the director requests for the report, in the form, at | 10430 |
| the times, covering the periods, and with the attestation the | 10431 |
| director prescribes. The information for state institutions of | 10432 |
| higher education, as defined in section 3345.011 of the Revised | 10433 |
| Code, shall be submitted to the chancellor by the Ohio board of | 10434 |
| regents. The board shall establish a due date by which each such | 10435 |
| institution shall submit the information to the board, but no | 10436 |
| such date shall be later than one hundred twenty days after the | 10437 |
| end of the state fiscal year unless a later date is approved by | 10438 |
| the director. | 10439 |
| (B) In addition to the director's duties under division (A) | 10440 |
| of this section, the director may establish and administer one or | 10441 |
| more state payment card programs that permit or require state | 10442 |
| agencies to use a payment card to purchase equipment, materials, | 10443 |
| supplies, or services in accordance with guidelines issued by the | 10444 |
| director. The chief administrative officer of a state agency that | 10445 |
| uses a payment card for such purposes shall ensure that purchases | 10446 |
| made with the card are made in accordance with the guidelines | 10447 |
| issued by the director and do not exceed the unexpended, | 10448 |
| unencumbered, unobligated balance in the appropriation to be | 10449 |
| charged for the purchase. State agencies may participate in only | 10450 |
| those state payment card programs that the director establishes | 10451 |
| pursuant to this section. | 10452 |
| (C) In addition to the director's duties under divisions (A) | 10453 |
| and (B) of this section, the director may enter into any contract | 10454 |
| or agreement necessary for and incidental to the performance of | 10455 |
| the director's duties or the duties of the office of budget and | 10456 |
| management. | 10457 |
| (D) In consultation with the director of administrative | 10458 |
| services, the director may appoint and fix the compensation of | 10459 |
| employees of the office of budget and management whose primary | 10460 |
| duties include the consolidation of statewide financing functions | 10461 |
| and common transactional processes. | 10462 |
| Sec. 126.35. (A) The director of budget and management | 10463 |
| shall draw warrants against the treasurer of state pursuant to all | 10464 |
| requests for payment that the director has approved under section | 10465 |
| 126.07 of the Revised Code. | 10466 |
| (B) Unless | 10467 |
| 10468 | |
|
to be made by electronic benefit transfer, | 10469 |
| 10470 | |
| 10471 | |
| participant in the Ohio works first program pursuant to Chapter | 10472 |
|
5107. of the
Revised Code | 10473 |
| assistance pursuant to Chapter 5115. of the Revised Code, or a | 10474 |
| recipient of cash assistance provided under the refugee assistance | 10475 |
| program established under section 5101.49 of the Revised Code | 10476 |
| shall be made by direct deposit to the account of the participant | 10477 |
| or recipient in the financial institution designated under section | 10478 |
| 329.03 of the Revised Code. Payment by the director of budget and | 10479 |
| management to a recipient of benefits distributed through the | 10480 |
| medium of electronic benefit transfer pursuant to section 5101.33 | 10481 |
| of the Revised Code shall be by electronic benefit transfer. | 10482 |
| Payment by the director of budget and management as compensation | 10483 |
| to an employee of the state who has, pursuant to section 124.151 | 10484 |
| of the Revised Code, designated a financial institution and | 10485 |
| account for the direct deposit of such payments shall be made by | 10486 |
| direct deposit to the account of the employee. Payment to any | 10487 |
| other payee who has designated a financial institution and account | 10488 |
| for the direct deposit of such payment may be made by direct | 10489 |
| deposit to the account of the payee in the financial institution | 10490 |
| as provided in section 9.37 of the Revised Code. Accounts | 10491 |
| maintained by the director of budget and management or the | 10492 |
| director's agent in a financial institution for the purpose of | 10493 |
| effectuating payment by direct deposit or electronic benefit | 10494 |
| transfer shall be maintained in accordance with section 135.18 of | 10495 |
| the Revised Code. | 10496 |
| (C) All other payments from the state treasury shall be made | 10497 |
| by paper warrants or by direct deposit payable to the respective | 10498 |
| payees. The director of budget and management may mail the paper | 10499 |
| warrants to the respective payees or distribute them through other | 10500 |
| state agencies, whichever the director determines to be the better | 10501 |
| procedure. | 10502 |
| (D) If the average per transaction cost the director of | 10503 |
| budget and management incurs in making direct deposits for a state | 10504 |
| agency exceeds the average per transaction cost the director | 10505 |
| incurs in drawing paper warrants for all public offices during the | 10506 |
| same period of time, the director may certify the difference in | 10507 |
| cost and the number of direct deposits for the agency to the | 10508 |
| director of administrative services. The director of | 10509 |
| administrative services shall reimburse the director of budget and | 10510 |
| management for such additional costs and add the amount to the | 10511 |
| processing charge assessed upon the state agency. | 10512 |
| Sec. 127.16. (A) Upon the request of either a state agency | 10513 |
| or the director of budget and management and after the controlling | 10514 |
| board determines that an emergency or a sufficient economic reason | 10515 |
| exists, the controlling board may approve the making of a purchase | 10516 |
| without competitive selection as provided in division (B) of this | 10517 |
| section. | 10518 |
| (B) Except as otherwise provided in this section, no state | 10519 |
| agency, using money that has been appropriated to it directly, | 10520 |
| shall: | 10521 |
| (1) Make any purchase from a particular supplier, that would | 10522 |
| amount to fifty thousand dollars or more when combined with both | 10523 |
| the amount of all disbursements to the supplier during the fiscal | 10524 |
| year for purchases made by the agency and the amount of all | 10525 |
| outstanding encumbrances for purchases made by the agency from the | 10526 |
| supplier, unless the purchase is made by competitive selection or | 10527 |
| with the approval of the controlling board; | 10528 |
| (2) Lease real estate from a particular supplier, if the | 10529 |
| lease would amount to seventy-five thousand dollars or more when | 10530 |
| combined with both the amount of all disbursements to the supplier | 10531 |
| during the fiscal year for real estate leases made by the agency | 10532 |
| and the amount of all outstanding encumbrances for real estate | 10533 |
| leases made by the agency from the supplier, unless the lease is | 10534 |
| made by competitive selection or with the approval of the | 10535 |
| controlling board. | 10536 |
| (C) Any person who authorizes a purchase in violation of | 10537 |
| division (B) of this section shall be liable to the state for any | 10538 |
| state funds spent on the purchase, and the attorney general shall | 10539 |
| collect the amount from the person. | 10540 |
| (D) Nothing in division (B) of this section shall be | 10541 |
| construed as: | 10542 |
| (1) A limitation upon the authority of the director of | 10543 |
| transportation as granted in sections 5501.17, 5517.02, and | 10544 |
| 5525.14 of the Revised Code; | 10545 |
| (2) Applying to medicaid provider agreements under Chapter | 10546 |
| 5111. of the Revised Code or payments or provider agreements under | 10547 |
| the disability medical assistance program established under | 10548 |
| Chapter 5115. of the Revised Code; | 10549 |
| (3) Applying to the purchase of examinations from a sole | 10550 |
| supplier by a state licensing board under Title XLVII of the | 10551 |
| Revised Code; | 10552 |
| (4) Applying to entertainment contracts for the Ohio state | 10553 |
| fair entered into by the Ohio expositions commission, provided | 10554 |
| that the controlling board has given its approval to the | 10555 |
| commission to enter into such contracts and has approved a total | 10556 |
| budget amount for such contracts as agreed upon by commission | 10557 |
| action, and that the commission causes to be kept itemized records | 10558 |
| of the amounts of money spent under each contract and annually | 10559 |
| files those records with the clerk of the house of representatives | 10560 |
| and the clerk of the senate following the close of the fair; | 10561 |
| (5) Limiting the authority of the chief of the division of | 10562 |
| mineral resources management to contract for reclamation work with | 10563 |
| an operator mining adjacent land as provided in section 1513.27 of | 10564 |
| the Revised Code; | 10565 |
| (6) Applying to investment transactions and procedures of any | 10566 |
| state agency, except that the agency shall file with the board the | 10567 |
| name of any person with whom the agency contracts to make, broker, | 10568 |
| service, or otherwise manage its investments, as well as the | 10569 |
| commission, rate, or schedule of charges of such person with | 10570 |
| respect to any investment transactions to be undertaken on behalf | 10571 |
| of the agency. The filing shall be in a form and at such times as | 10572 |
| the board considers appropriate. | 10573 |
| (7) Applying to purchases made with money for the per cent | 10574 |
| for arts program established by section 3379.10 of the Revised | 10575 |
| Code; | 10576 |
| (8) Applying to purchases made by the rehabilitation services | 10577 |
| commission of services, or supplies, that are provided to persons | 10578 |
| with disabilities, or to purchases made by the commission in | 10579 |
| connection with the eligibility determinations it makes for | 10580 |
| applicants of programs administered by the social security | 10581 |
| administration; | 10582 |
| (9) Applying to payments by the department of job and family | 10583 |
| services under section 5111.13 of the Revised Code for group | 10584 |
| health plan premiums, deductibles, coinsurance, and other | 10585 |
| cost-sharing expenses; | 10586 |
| (10) Applying to any agency of the legislative branch of the | 10587 |
| state government; | 10588 |
| (11) Applying to agreements or contracts entered into under | 10589 |
| section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the | 10590 |
| Revised Code; | 10591 |
| (12) Applying to purchases of services by the adult parole | 10592 |
| authority under section 2967.14 of the Revised Code or by the | 10593 |
| department of youth services under section 5139.08 of the Revised | 10594 |
| Code; | 10595 |
| (13) Applying to dues or fees paid for membership in an | 10596 |
| organization or association; | 10597 |
| (14) Applying to purchases of utility services pursuant to | 10598 |
| section 9.30 of the Revised Code; | 10599 |
| (15) Applying to purchases made in accordance with rules | 10600 |
| adopted by the department of administrative services of motor | 10601 |
| vehicle, aviation, or watercraft fuel, or emergency repairs of | 10602 |
| such vehicles; | 10603 |
| (16) Applying to purchases of tickets for passenger air | 10604 |
| transportation; | 10605 |
| (17) Applying to purchases necessary to provide public | 10606 |
| notifications required by law or to provide notifications of job | 10607 |
| openings; | 10608 |
| (18) Applying to the judicial branch of state government; | 10609 |
| (19) Applying to purchases of liquor for resale by the | 10610 |
| division of liquor control; | 10611 |
| (20) Applying to purchases of motor courier and freight | 10612 |
| services made in accordance with department of administrative | 10613 |
| services rules; | 10614 |
| (21) Applying to purchases from the United States postal | 10615 |
| service and purchases of stamps and postal meter replenishment | 10616 |
| from vendors at rates established by the United States postal | 10617 |
| service; | 10618 |
| (22) Applying to purchases of books, periodicals, pamphlets, | 10619 |
| newspapers, maintenance subscriptions, and other published | 10620 |
| materials; | 10621 |
| (23) Applying to purchases from other state agencies, | 10622 |
| including state-assisted institutions of higher education; | 10623 |
| (24) Limiting the authority of the director of environmental | 10624 |
| protection to enter into contracts under division (D) of section | 10625 |
| 3745.14 of the Revised Code to conduct compliance reviews, as | 10626 |
| defined in division (A) of that section; | 10627 |
| (25) Applying to purchases from a qualified nonprofit agency | 10628 |
| pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of | 10629 |
| the Revised Code; | 10630 |
| (26) Applying to payments by the department of job and family | 10631 |
| services to the United States department of health and human | 10632 |
| services for printing and mailing notices pertaining to the tax | 10633 |
| refund offset program of the internal revenue service of the | 10634 |
| United States department of the treasury; | 10635 |
| (27) Applying to contracts entered into by the department of | 10636 |
| mental retardation and developmental disabilities under section | 10637 |
| 5123.18 of the Revised Code; | 10638 |
| (28) Applying to payments made by the department of mental | 10639 |
| health under a physician recruitment program authorized by section | 10640 |
| 5119.101 of the Revised Code; | 10641 |
| (29) Applying to contracts entered into with persons by the | 10642 |
| director of commerce for unclaimed funds collection and remittance | 10643 |
| efforts as provided in division (F) of section 169.03 of the | 10644 |
| Revised Code. The director shall keep an itemized accounting of | 10645 |
| unclaimed funds collected by those persons and amounts paid to | 10646 |
| them for their services. | 10647 |
| (30) Applying to purchases made by a state institution of | 10648 |
| higher education in accordance with the terms of a contract | 10649 |
| between the vendor and an inter-university purchasing group | 10650 |
| comprised of purchasing officers of state institutions of higher | 10651 |
| education; | 10652 |
| (31) Applying to the department of job and family services' | 10653 |
| purchases of health assistance services under the children's | 10654 |
| health insurance program part I provided for under section 5101.50 | 10655 |
| of the Revised Code, the children's health insurance program part | 10656 |
| II provided for under section 5101.51 of the Revised Code, or the | 10657 |
| children's health insurance program part III provided for under | 10658 |
| section 5101.52 of the Revised Code, or the children's buy-in | 10659 |
| program provided for under sections 5101.5211 to 5101.5216 of the | 10660 |
| Revised Code; | 10661 |
| (32) Applying to payments by the attorney general from the | 10662 |
| reparations fund to hospitals and other emergency medical | 10663 |
| facilities for performing medical examinations to collect physical | 10664 |
| evidence pursuant to section 2907.28 of the Revised Code; | 10665 |
| (33) Applying to contracts with a contracting authority or | 10666 |
| administrative receiver under division (B) of section 5126.056 of | 10667 |
| the Revised Code; | 10668 |
| (34) Applying to | 10669 |
| 10670 | |
| 10671 | |
| purchases of goods and services by the department of veterans | 10672 |
| services in accordance with the terms of contracts entered into by | 10673 |
| the United States department of veterans affairs; | 10674 |
| | 10675 |
| 10676 | |
| 10677 |
| | 10678 |
| of criminal identification and investigation to the federal bureau | 10679 |
| of investigation for criminal records checks pursuant to section | 10680 |
| 109.572 of the Revised Code. | 10681 |
| (E) When determining whether a state agency has reached the | 10682 |
| cumulative purchase thresholds established in divisions (B)(1) and | 10683 |
| (2) of this section, all of the following purchases by such agency | 10684 |
| shall not be considered: | 10685 |
| (1) Purchases made through competitive selection or with | 10686 |
| controlling board approval; | 10687 |
| (2) Purchases listed in division (D) of this section; | 10688 |
| (3) For the purposes of the threshold of division (B)(1) of | 10689 |
| this section only, leases of real estate. | 10690 |
| (F) As used in this section, "competitive selection," | 10691 |
| "purchase," "supplies," and "services" have the same meanings as | 10692 |
| in section 125.01 of the Revised Code. | 10693 |
| Sec. 131.33. (A) No state agency shall incur an obligation | 10694 |
| which exceeds the agency's current appropriation authority. | 10695 |
| 10696 | |
| unexpended balances of appropriations shall, at the close of the | 10697 |
| period for which the appropriations are made, revert to the funds | 10698 |
| from which the appropriations were made, except that the director | 10699 |
| of budget and management shall transfer such unexpended balances | 10700 |
| from the first fiscal year to the second fiscal year of an | 10701 |
| agency's appropriations to the extent necessary for voided | 10702 |
| warrants to be reissued pursuant to division (C) of section | 10703 |
| 126.37 of the Revised Code. | 10704 |
| Except as provided in this section, appropriations made to a | 10705 |
| specific fiscal year shall be expended only to pay liabilities | 10706 |
| incurred within that fiscal year. | 10707 |
| (B) All payrolls shall be charged to the allotments of the | 10708 |
| fiscal quarters in which the applicable payroll vouchers are | 10709 |
| certified by the director of budget and management in accordance | 10710 |
|
with section
126.07 of the Revised Code. As used in this
| 10711 |
| division, "payrolls" means any payment made in accordance with | 10712 |
| section 125.21 of the Revised Code. | 10713 |
| (C) Legal liabilities from prior fiscal years for which there | 10714 |
| is no reappropriation authority shall be discharged from the | 10715 |
| unencumbered balances of current appropriations. | 10716 |
| (D)(1) Federal grant funds obligated by the department of job | 10717 |
| and family services for financial allocations to county family | 10718 |
| services agencies and local workforce investment boards may, at | 10719 |
| the discretion of the director of job and family services, be | 10720 |
| available for expenditure for the duration of the federal grant | 10721 |
| period of obligation and liquidation, as follows: | 10722 |
| (a) At the end of the state fiscal year, all unexpended | 10723 |
| county family services agency and local workforce investment board | 10724 |
| financial allocations obligated from federal grant funds may | 10725 |
| continue to be valid for expenditure during subsequent state | 10726 |
| fiscal years. | 10727 |
| (b) The financial allocations described in division (D)(1)(a) | 10728 |
| of this section shall be reconciled at the end of the federal | 10729 |
| grant period of availability or as required by federal law, | 10730 |
| regardless of the state fiscal year of the appropriation. | 10731 |
| (2) The director of job and family services may adopt rules | 10732 |
| in accordance with section 111.15 of the Revised Code, as if they | 10733 |
| were internal management rules, as necessary to implement division | 10734 |
| (D) of this section. | 10735 |
| (3) As used in division (D) of this section: | 10736 |
| (a) "County family services agency" has the same meaning as | 10737 |
| in section 307.981 of the Revised Code. | 10738 |
| (b) "Local workforce investment board" means a local | 10739 |
| workforce investment board established under section 117 of the | 10740 |
| "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2832, | 10741 |
| as amended. | 10742 |
| Sec. 133.06. (A) A school district shall not incur, without | 10743 |
| a vote of the electors, net indebtedness that exceeds an amount | 10744 |
| equal to one-tenth of one per cent of its tax valuation, except as | 10745 |
| provided in divisions (G) and (H) of this section and in division | 10746 |
| (C) of section 3313.372 of the Revised Code, or as prescribed in | 10747 |
| section 3318.052 or 3318.44 of the Revised Code, or as provided in | 10748 |
| division (J) of this section. | 10749 |
| (B) Except as provided in divisions (E), (F), and (I) of this | 10750 |
| section, a school district shall not incur net indebtedness that | 10751 |
| exceeds an amount equal to nine per cent of its tax valuation. | 10752 |
| (C) A school district shall not submit to a vote of the | 10753 |
| electors the question of the issuance of securities in an amount | 10754 |
| that will make the district's net indebtedness after the issuance | 10755 |
| of the securities exceed an amount equal to four per cent of its | 10756 |
| tax valuation, unless the superintendent of public instruction, | 10757 |
| acting under policies adopted by the state board of education, and | 10758 |
| the tax commissioner, acting under written policies of the | 10759 |
| commissioner, consent to the submission. A request for the | 10760 |
| consents shall be made at least one hundred five days prior to the | 10761 |
| election at which the question is to be submitted. | 10762 |
| The superintendent of public instruction shall certify to the | 10763 |
| district the superintendent's and the tax commissioner's decisions | 10764 |
| within thirty days after receipt of the request for consents. | 10765 |
| If the electors do not approve the issuance of securities at | 10766 |
| the election for which the superintendent of public instruction | 10767 |
| and tax commissioner consented to the submission of the question, | 10768 |
| the school district may submit the same question to the electors | 10769 |
| on the date that the next special election may be held under | 10770 |
| section 3501.01 of the Revised Code without submitting a new | 10771 |
| request for consent. If the school district seeks to submit the | 10772 |
| same question at any other subsequent election, the district shall | 10773 |
| first submit a new request for consent in accordance with this | 10774 |
| division. | 10775 |
| (D) In calculating the net indebtedness of a school district, | 10776 |
| none of the following shall be considered: | 10777 |
| (1) Securities issued to acquire school buses and other | 10778 |
| equipment used in transporting pupils or issued pursuant to | 10779 |
| division (D) of section 133.10 of the Revised Code; | 10780 |
| (2) Securities issued under division (F) of this section, | 10781 |
| under section 133.301 of the Revised Code, and, to the extent in | 10782 |
| excess of the limitation stated in division (B) of this section, | 10783 |
| under division (E) of this section; | 10784 |
| (3) Indebtedness resulting from the dissolution of a joint | 10785 |
| vocational school district under section 3311.217 of the Revised | 10786 |
| Code, evidenced by outstanding securities of that joint vocational | 10787 |
| school district; | 10788 |
| (4) Loans, evidenced by any securities, received under | 10789 |
| sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the | 10790 |
| Revised Code; | 10791 |
| (5) Debt incurred under section 3313.374 of the Revised Code; | 10792 |
| (6) Debt incurred pursuant to division (B)(5) of section | 10793 |
| 3313.37 of the Revised Code to acquire computers and related | 10794 |
| hardware; | 10795 |
| (7) Debt incurred under section 3318.042 of the Revised Code. | 10796 |
| (E) A school district may become a special needs district as | 10797 |
| to certain securities as provided in division (E) of this section. | 10798 |
| (1) A board of education, by resolution, may declare its | 10799 |
| school district to be a special needs district by determining both | 10800 |
| of the following: | 10801 |
| (a) The student population is not being adequately serviced | 10802 |
| by the existing permanent improvements of the district. | 10803 |
| (b) The district cannot obtain sufficient funds by the | 10804 |
| issuance of securities within the limitation of division (B) of | 10805 |
| this section to provide additional or improved needed permanent | 10806 |
| improvements in time to meet the needs. | 10807 |
| (2) The board of education shall certify a copy of that | 10808 |
| resolution to the superintendent of public instruction with a | 10809 |
| statistical report showing all of the following: | 10810 |
| (a) A history of and a projection of the growth of the | 10811 |
| student population; | 10812 |
| (b) The history of and a projection of the growth of the tax | 10813 |
| valuation; | 10814 |
| (c) The projected needs; | 10815 |
| (d) The estimated cost of permanent improvements proposed to | 10816 |
| meet such projected needs. | 10817 |
| (3) The superintendent of public instruction shall certify | 10818 |
| the district as an approved special needs district if the | 10819 |
| superintendent finds both of the following: | 10820 |
| (a) The district does not have available sufficient | 10821 |
| additional funds from state or federal sources to meet the | 10822 |
| projected needs. | 10823 |
| (b) The projection of the potential average growth of tax | 10824 |
| valuation during the next five years, according to the information | 10825 |
| certified to the superintendent and any other information the | 10826 |
| superintendent obtains, indicates a likelihood of potential | 10827 |
| average growth of tax valuation of the district during the next | 10828 |
| five years of an average of not less than three per cent per year. | 10829 |
| The findings and certification of the superintendent shall be | 10830 |
| conclusive. | 10831 |
| (4) An approved special needs district may incur net | 10832 |
| indebtedness by the issuance of securities in accordance with the | 10833 |
| provisions of this chapter in an amount that does not exceed an | 10834 |
| amount equal to the greater of the following: | 10835 |
| (a) Nine per cent of the sum of its tax valuation plus an | 10836 |
| amount that is the product of multiplying that tax valuation by | 10837 |
| the percentage by which the tax valuation has increased over the | 10838 |
| tax valuation on the first day of the sixtieth month preceding the | 10839 |
| month in which its board determines to submit to the electors the | 10840 |
| question of issuing the proposed securities; | 10841 |
| (b) Nine per cent of the sum of its tax valuation plus an | 10842 |
| amount that is the product of multiplying that tax valuation by | 10843 |
| the percentage, determined by the superintendent of public | 10844 |
| instruction, by which that tax valuation is projected to increase | 10845 |
| during the next ten years. | 10846 |
| (F) A school district may issue securities for emergency | 10847 |
| purposes, in a principal amount that does not exceed an amount | 10848 |
| equal to three per cent of its tax valuation, as provided in this | 10849 |
| division. | 10850 |
| (1) A board of education, by resolution, may declare an | 10851 |
| emergency if it determines both of the following: | 10852 |
| (a) School buildings or other necessary school facilities in | 10853 |
| the district have been wholly or partially destroyed, or condemned | 10854 |
| by a constituted public authority, or that such buildings or | 10855 |
| facilities are partially constructed, or so constructed or planned | 10856 |
| as to require additions and improvements to them before the | 10857 |
| buildings or facilities are usable for their intended purpose, or | 10858 |
| that corrections to permanent improvements are necessary to remove | 10859 |
| or prevent health or safety hazards. | 10860 |
| (b) Existing fiscal and net indebtedness limitations make | 10861 |
| adequate replacement, additions, or improvements impossible. | 10862 |
| (2) Upon the declaration of an emergency, the board of | 10863 |
| education may, by resolution, submit to the electors of the | 10864 |
| district pursuant to section 133.18 of the Revised Code the | 10865 |
| question of issuing securities for the purpose of paying the cost, | 10866 |
| in excess of any insurance or condemnation proceeds received by | 10867 |
| the district, of permanent improvements to respond to the | 10868 |
| emergency need. | 10869 |
| (3) The procedures for the election shall be as provided in | 10870 |
| section 133.18 of the Revised Code, except that: | 10871 |
| (a) The form of the ballot shall describe the emergency | 10872 |
| existing, refer to this division as the authority under which the | 10873 |
| emergency is declared, and state that the amount of the proposed | 10874 |
| securities exceeds the limitations prescribed by division (B) of | 10875 |
| this section; | 10876 |
| (b) The resolution required by division (B) of section 133.18 | 10877 |
| of the Revised Code shall be certified to the county auditor and | 10878 |
| the board of elections at least seventy-five days prior to the | 10879 |
| election; | 10880 |
| (c) The county auditor shall advise and, not later than | 10881 |
| sixty-five days before the election, confirm that advice by | 10882 |
| certification to, the board of education of the information | 10883 |
| required by division (C) of section 133.18 of the Revised Code; | 10884 |
| (d) The board of education shall then certify its resolution | 10885 |
| and the information required by division (D) of section 133.18 of | 10886 |
| the Revised Code to the board of elections not less than sixty | 10887 |
| days prior to the election. | 10888 |
| (4) Notwithstanding division (B) of section 133.21 of the | 10889 |
| Revised Code, the first principal payment of securities issued | 10890 |
| under this division may be set at any date not later than sixty | 10891 |
| months after the earliest possible principal payment otherwise | 10892 |
| provided for in that division. | 10893 |
| (G) The board of education may contract with an architect, | 10894 |
| professional engineer, or other person experienced in the design | 10895 |
| and implementation of energy conservation measures for an analysis | 10896 |
| and recommendations pertaining to installations, modifications of | 10897 |
| installations, or remodeling that would significantly reduce | 10898 |
| energy consumption in buildings owned by the district. The report | 10899 |
| shall include estimates of all costs of such installations, | 10900 |
| modifications, or remodeling, including costs of design, | 10901 |
| engineering, installation, maintenance, repairs, and debt service, | 10902 |
| and estimates of the amounts by which energy consumption and | 10903 |
| resultant operational and maintenance costs, as defined by the | 10904 |
| Ohio school facilities commission, would be reduced. | 10905 |
| If the board finds after receiving the report that the amount | 10906 |
| of money the district would spend on such installations, | 10907 |
| modifications, or remodeling is not likely to exceed the amount of | 10908 |
| money it would save in energy and resultant operational and | 10909 |
| maintenance costs over the ensuing fifteen years, the board may | 10910 |
| submit to the commission a copy of its findings and a request for | 10911 |
| approval to incur indebtedness to finance the making or | 10912 |
| modification of installations or the remodeling of buildings for | 10913 |
| the purpose of significantly reducing energy consumption. | 10914 |
| If the commission determines that the board's findings are | 10915 |
| reasonable, it shall approve the board's request. Upon receipt of | 10916 |
| the commission's approval, the district may issue securities | 10917 |
| without a vote of the electors in a principal amount not to exceed | 10918 |
| nine-tenths of one per cent of its tax valuation for the purpose | 10919 |
| of making such installations, modifications, or remodeling, but | 10920 |
| the total net indebtedness of the district without a vote of the | 10921 |
| electors incurred under this and all other sections of the Revised | 10922 |
| Code, except section 3318.052 of the Revised Code, shall not | 10923 |
| exceed one per cent of the district's tax valuation. | 10924 |
| So long as any securities issued under division (G) of this | 10925 |
| section remain outstanding, the board of education shall monitor | 10926 |
| the energy consumption and resultant operational and maintenance | 10927 |
| costs of buildings in which installations or modifications have | 10928 |
| been made or remodeling has been done pursuant to division (G) of | 10929 |
| this section and shall maintain and annually update a report | 10930 |
| documenting the reductions in energy consumption and resultant | 10931 |
| operational and maintenance cost savings attributable to such | 10932 |
| installations, modifications, or remodeling. The report shall be | 10933 |
| certified by an architect or engineer independent of any person | 10934 |
| that provided goods or services to the board in connection with | 10935 |
| the energy conservation measures that are the subject of the | 10936 |
| report. The resultant operational and maintenance cost savings | 10937 |
| shall be certified by the school district treasurer. The report | 10938 |
| shall be made available to the commission upon request. | 10939 |
| (H) With the consent of the superintendent of public | 10940 |
| instruction, a school district may incur without a vote of the | 10941 |
| electors net indebtedness that exceeds the amounts stated in | 10942 |
| divisions (A) and (G) of this section for the purpose of paying | 10943 |
| costs of permanent improvements, if and to the extent that both of | 10944 |
| the following conditions are satisfied: | 10945 |
| (1) The fiscal officer of the school district estimates that | 10946 |
| receipts of the school district from payments made under or | 10947 |
| pursuant to agreements entered into pursuant to section 725.02, | 10948 |
| 1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, | 10949 |
| 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised | 10950 |
| Code, or distributions under division (C) of section 5709.43 of | 10951 |
| the Revised Code, or any combination thereof, are, after | 10952 |
| accounting for any appropriate coverage requirements, sufficient | 10953 |
| in time and amount, and are committed by the proceedings, to pay | 10954 |
| the debt charges on the securities issued to evidence that | 10955 |
| indebtedness and payable from those receipts, and the taxing | 10956 |
| authority of the district confirms the fiscal officer's estimate, | 10957 |
| which confirmation is approved by the superintendent of public | 10958 |
| instruction; | 10959 |
| (2) The fiscal officer of the school district certifies, and | 10960 |
| the taxing authority of the district confirms, that the district, | 10961 |
| at the time of the certification and confirmation, reasonably | 10962 |
| expects to have sufficient revenue available for the purpose of | 10963 |
| operating such permanent improvements for their intended purpose | 10964 |
| upon acquisition or completion thereof, and the superintendent of | 10965 |
| public instruction approves the taxing authority's confirmation. | 10966 |
| The maximum maturity of securities issued under division (H) | 10967 |
| of this section shall be the lesser of twenty years or the maximum | 10968 |
| maturity calculated under section 133.20 of the Revised Code. | 10969 |
| (I) A school district may incur net indebtedness by the | 10970 |
| issuance of securities in accordance with the provisions of this | 10971 |
| chapter in excess of the limit specified in division (B) or (C) of | 10972 |
| this section when necessary to raise the school district portion | 10973 |
| of the basic project cost and any additional funds necessary to | 10974 |
| participate in a project under Chapter 3318. of the Revised Code, | 10975 |
| including the cost of items designated by the Ohio school | 10976 |
| facilities commission as required locally funded initiatives and | 10977 |
| the cost for site acquisition. The school facilities commission | 10978 |
| shall notify the superintendent of public instruction whenever a | 10979 |
| school district will exceed either limit pursuant to this | 10980 |
| division. | 10981 |
| (J) A school district whose portion of the basic project cost | 10982 |
| of its classroom facilities project under sections 3318.01 to | 10983 |
| 3318.20 of the Revised Code is greater than or equal to one | 10984 |
| hundred million dollars may incur without a vote of the electors | 10985 |
| net indebtedness in an amount up to two per cent of its tax | 10986 |
| valuation through the issuance of general obligation securities in | 10987 |
| order to generate all or part of the amount of its portion of the | 10988 |
| basic project cost if the controlling board has approved the | 10989 |
| school facilities commission's conditional approval of the project | 10990 |
| under section 3318.04 of the Revised Code. The school district | 10991 |
| board and the Ohio school facilities commission shall include the | 10992 |
| dedication of the proceeds of such securities in the agreement | 10993 |
| entered into under section 3318.08 of the Revised Code. No state | 10994 |
| moneys shall be released for a project to which this section | 10995 |
| applies until the proceeds of any bonds issued under this section | 10996 |
| that are dedicated for the payment of the school district portion | 10997 |
| of the project are first deposited into the school district's | 10998 |
| project construction fund. | 10999 |
| Sec. 135.03. Any national bank, any bank doing business | 11000 |
| under authority granted by the superintendent of financial | 11001 |
| institutions, or any bank doing business under authority granted | 11002 |
| by the regulatory authority of another state of the United States, | 11003 |
|
located in this state | 11004 |
| 11005 | |
| 11006 | |
| depository, subject to sections 135.01 to 135.21 of the Revised | 11007 |
| Code. No bank shall receive or have on deposit at any one time | 11008 |
| public moneys, including public moneys as defined in section | 11009 |
| 135.31 of the Revised Code, in an aggregate amount in excess of | 11010 |
| thirty per cent of its total assets, as shown in its latest | 11011 |
|
report to the
| 11012 |
| comptroller of the currency, the superintendent of financial | 11013 |
| institutions, the federal deposit insurance corporation, or the | 11014 |
| board of governors of the federal reserve system. | 11015 |
| Any | 11016 |
| 11017 | |
| 11018 | |
| loan association or savings bank doing business under authority | 11019 |
| granted by the superintendent of financial institutions, or any | 11020 |
| savings and loan association or savings bank doing business under | 11021 |
| authority granted by the regulatory authority of another state of | 11022 |
| the United States, located in this state, and authorized to accept | 11023 |
| deposits is eligible to become a public depository, subject to | 11024 |
|
sections
135.01 to 135.21
of the Revised Code. No
| 11025 |
| savings association, savings and loan association, or savings bank | 11026 |
| shall receive or have on deposit at any one time public moneys, | 11027 |
| including public moneys as defined in section 135.31 of the | 11028 |
| Revised Code, in an aggregate amount in excess of thirty per cent | 11029 |
| of its total assets, as shown in its latest report to the | 11030 |
| 11031 | |
| 11032 | |
| financial institutions, the federal deposit insurance corporation, | 11033 |
| or the board of governors of the federal reserve system. | 11034 |
| Sec. 135.06. Each eligible institution desiring to be a | 11035 |
| public depository of the inactive deposits of the public moneys of | 11036 |
| the state or of the inactive deposits of the public moneys of the | 11037 |
| subdivision shall, not more than thirty days prior to the date | 11038 |
| fixed by section 135.12 of the Revised Code for the designation of | 11039 |
| such public depositories, make application therefor in writing to | 11040 |
| the proper governing board. Such application shall specify the | 11041 |
| maximum amount of such public moneys which the applicant desires | 11042 |
| to receive and have on deposit as an inactive deposit at any one | 11043 |
|
time during the period covered
by the designation, provided that | 11044 |
| 11045 | |
| thirty per cent of its total assets as revealed by its latest | 11046 |
|
report to the
superintendent of | 11047 |
|
the comptroller of the currency, | 11048 |
| 11049 | |
| 11050 | |
| 11051 | |
| 11052 | |
| thrift supervision, the federal deposit insurance corporation, or | 11053 |
| the board of governors of the federal reserve system, and the | 11054 |
|
rate of interest which the
applicant | 11055 |
| 11056 | |
| limitations of sections 135.01 to 135.21 of the Revised Code. | 11057 |
| Each application shall be accompanied by a financial statement of | 11058 |
| the applicant, under oath of its cashier, treasurer, or other | 11059 |
| officer, in such detail as to show the capital funds of the | 11060 |
| applicant, as of the date of its latest report to the | 11061 |
|
superintendent | 11062 |
| 11063 | |
| institutions, the comptroller of the currency, the office of | 11064 |
| thrift supervision, the federal deposit insurance corporation, or | 11065 |
| the board of governors of the federal reserve system, and adjusted | 11066 |
| to show any changes therein made prior to the date of the | 11067 |
| application. Such application may be combined with an application | 11068 |
| for designation as a public depository of active deposits, interim | 11069 |
| deposits, or both. | 11070 |
| Sec. 135.08. Each eligible institution desiring to be a | 11071 |
| public depository of interim deposits of the public moneys of the | 11072 |
| state or of the interim deposits of the public moneys of the | 11073 |
| subdivision shall, not more than thirty days prior to the date | 11074 |
| fixed by section 135.12 of the Revised Code for the designation of | 11075 |
| public depositories, make application therefor in writing to the | 11076 |
| proper governing board. Such application shall specify the maximum | 11077 |
| amount of such public moneys which the applicant desires to | 11078 |
| receive and have on deposit as interim deposits at any one time | 11079 |
|
during the period covered by the designation, provided that | 11080 |
| 11081 | |
| per cent of its total assets as revealed by its latest report to | 11082 |
|
the superintendent of | 11083 |
|
comptroller of the
currency, | 11084 |
| 11085 | |
| 11086 | |
| 11087 | |
| 11088 | |
| thrift supervision, the federal deposit insurance corporation, or | 11089 |
| the board of governors of the federal reserve system, and the rate | 11090 |
|
of interest which the
applicant | 11091 |
| 11092 | |
| limitations of sections 135.01 to 135.21 of the Revised Code. | 11093 |
| Each application shall be accompanied by a financial | 11094 |
| statement of the applicant, under oath of its cashier, treasurer, | 11095 |
| or other officer, in such detail as to show the capital funds of | 11096 |
| the applicant, as of the date of its latest report to the | 11097 |
|
superintendent of | 11098 |
| 11099 | |
| institutions, the comptroller of the currency, the office of | 11100 |
| thrift supervision, the federal deposit insurance corporation, or | 11101 |
| the board of governors of the federal reserve system, and adjusted | 11102 |
| to show any changes therein made prior to the date of the | 11103 |
| application. Such application may be combined with an application | 11104 |
| for designation as a public depository of inactive deposits, | 11105 |
| active deposits, or both. | 11106 |
| Sec. 135.32. (A) Any national bank, any bank doing business | 11107 |
| under authority granted by the superintendent of financial | 11108 |
| institutions, or any bank doing business under authority granted | 11109 |
| by the regulatory authority of another state of the United States, | 11110 |
|
located in this state
| 11111 |
| 11112 | |
| 11113 | |
| depository, subject to sections 135.31 to 135.40 of the Revised | 11114 |
| Code. No bank shall receive or have on deposit at any one time | 11115 |
| public moneys, including public moneys as defined in section | 11116 |
| 135.01 of the Revised Code, in an aggregate amount in excess of | 11117 |
| thirty per cent of its total assets, as shown in its latest | 11118 |
|
report to the
| 11119 |
| comptroller of the currency, the superintendent of financial | 11120 |
| institutions, the federal deposit insurance corporation, or the | 11121 |
| board of governors of the federal reserve system. | 11122 |
| (B) Any | 11123 |
| 11124 | |
| 11125 | |
| savings and loan association or savings bank doing business under | 11126 |
| authority granted by the superintendent of financial institutions, | 11127 |
| or any savings and loan association or savings bank doing business | 11128 |
| under authority granted by the regulatory authority of another | 11129 |
| state of the United States, located in this state, and authorized | 11130 |
| to accept deposits is eligible to become a public depository, | 11131 |
| subject to sections 135.31 to 135.40 of the Revised Code. No | 11132 |
| 11133 | |
| savings bank shall receive or have on deposit at any one time | 11134 |
| public moneys, including public moneys as defined in section | 11135 |
| 135.01 of the Revised Code, in an aggregate amount in excess of | 11136 |
| thirty per cent of its total assets, as shown in its latest | 11137 |
|
report to
| 11138 |
| 11139 | |
| superintendent of financial institutions, the federal deposit | 11140 |
| insurance corporation, or the board of governors of the federal | 11141 |
| reserve system. | 11142 |
| Sec. 141.04. (A) The annual salaries of the chief justice of | 11143 |
| the supreme court and of the justices and judges named in this | 11144 |
| section payable from the state treasury are as follows, rounded to | 11145 |
| the nearest fifty dollars: | 11146 |
| (1) For the chief justice of the supreme court, the following | 11147 |
| amounts effective in the following years: | 11148 |
| (a) Beginning January 1, 2000, one hundred twenty-four | 11149 |
| thousand nine hundred dollars; | 11150 |
| (b) Beginning January 1, 2001, one hundred twenty-eight | 11151 |
| thousand six hundred fifty dollars; | 11152 |
| (c) After 2001, the amount determined under division (E)(1) | 11153 |
| of this section. | 11154 |
| (2) For the justices of the supreme court, the following | 11155 |
| amounts effective in the following years: | 11156 |
| (a) Beginning January 1, 2000, one hundred seventeen thousand | 11157 |
| two hundred fifty dollars; | 11158 |
| (b) Beginning January 1, 2001, one hundred twenty thousand | 11159 |
| seven hundred fifty dollars; | 11160 |
| (c) After 2001, the amount determined under division (E)(1) | 11161 |
| of this section. | 11162 |
| (3) For the judges of the courts of appeals, the following | 11163 |
| amounts effective in the following years: | 11164 |
| (a) Beginning January 1, 2000, one hundred nine thousand two | 11165 |
| hundred fifty dollars; | 11166 |
| (b) Beginning January 1, 2001, one hundred twelve thousand | 11167 |
| five hundred fifty dollars; | 11168 |
| (c) After 2001, the amount determined under division (E)(1) | 11169 |
| of this section. | 11170 |
| (4) For the judges of the courts of common pleas, the | 11171 |
| following amounts effective in the following years: | 11172 |
| (a) Beginning January 1, 2000, one hundred thousand five | 11173 |
| hundred dollars, reduced by an amount equal to the annual | 11174 |
| compensation paid to that judge from the county treasury pursuant | 11175 |
| to section 141.05 of the Revised Code; | 11176 |
| (b) Beginning January 1, 2001, one hundred three thousand | 11177 |
| five hundred dollars, reduced by an amount equal to the annual | 11178 |
| compensation paid to that judge from the county treasury pursuant | 11179 |
| to section 141.05 of the Revised Code; | 11180 |
| (c) After 2001, the aggregate annual salary amount determined | 11181 |
| under division (E)(2) of this section reduced by an amount equal | 11182 |
| to the annual compensation paid to that judge from the county | 11183 |
| treasury pursuant to section 141.05 of the Revised Code. | 11184 |
| (5) For the full-time judges of a municipal court or the | 11185 |
| part-time judges of a municipal court of a territory having a | 11186 |
| population of more than fifty thousand, the following amounts | 11187 |
| effective in the following years, which amounts shall be in | 11188 |
| addition to all amounts received pursuant to divisions (B)(1)(a) | 11189 |
| and (2) of section 1901.11 of the Revised Code from municipal | 11190 |
| corporations and counties: | 11191 |
| (a) Beginning January 1, 2000, thirty-two thousand six | 11192 |
| hundred fifty dollars; | 11193 |
| (b) Beginning January 1, 2001, thirty-five thousand five | 11194 |
| hundred dollars; | 11195 |
| (c) After 2001, the amount determined under division (E)(3) | 11196 |
| of this section. | 11197 |
| (6) For judges of a municipal court designated as part-time | 11198 |
| judges by section 1901.08 of the Revised Code, other than | 11199 |
| part-time judges to whom division (A)(5) of this section applies, | 11200 |
| and for judges of a county court, the following amounts effective | 11201 |
| in the following years, which amounts shall be in addition to any | 11202 |
| amounts received pursuant to division (A) of section 1901.11 of | 11203 |
| the Revised Code from municipal corporations and counties or | 11204 |
| pursuant to division (A) of section 1907.16 of the Revised Code | 11205 |
| from counties: | 11206 |
| (a) Beginning January 1, 2000, eighteen thousand eight | 11207 |
| hundred dollars; | 11208 |
| (b) Beginning January 1, 2001, twenty thousand four hundred | 11209 |
| fifty dollars; | 11210 |
| (c) After 2001, the amount determined under division (E)(4) | 11211 |
| of this section. | 11212 |
| (B) Except as provided in section 1901.121 of the Revised | 11213 |
| Code, except as otherwise provided in this division, and except | 11214 |
| for the compensation to which the judges described in division | 11215 |
| (A)(5) of this section are entitled pursuant to divisions | 11216 |
| (B)(1)(a) and (2) of section 1901.11 of the Revised Code, the | 11217 |
| annual salary of the chief justice of the supreme court and of | 11218 |
| each justice or judge listed in division (A) of this section shall | 11219 |
| be paid in equal monthly installments from the state treasury. If | 11220 |
| the chief justice of the supreme court or any justice or judge | 11221 |
| listed in division (A)(2), (3), or (4) of this section delivers a | 11222 |
| written request to be paid biweekly to the administrative director | 11223 |
| of the supreme court prior to the first day of January of any | 11224 |
| year, the annual salary of the chief justice or the justice or | 11225 |
| judge that is listed in division (A)(2), (3), or (4) of this | 11226 |
| section shall be paid, during the year immediately following the | 11227 |
| year in which the request is delivered to the administrative | 11228 |
| director of the supreme court, biweekly from the state treasury. | 11229 |
| (C) Upon the death of the chief justice or a justice of the | 11230 |
| supreme court during that person's term of office, an amount shall | 11231 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 11232 |
| to that person's estate. The amount shall equal the amount of the | 11233 |
| salary that the chief justice or justice would have received | 11234 |
| during the remainder of the unexpired term or an amount equal to | 11235 |
| the salary of office for two years, whichever is less. | 11236 |
| (D) Neither the chief justice of the supreme court nor any | 11237 |
| justice or judge of the supreme court, the court of appeals, the | 11238 |
| court of common pleas, or the probate court shall hold any other | 11239 |
| office of trust or profit under the authority of this state or the | 11240 |
| United States. | 11241 |
| (E)(1) Each | 11242 |
| salaries of the chief justice of the supreme court and of the | 11243 |
| justices and judges named in divisions (A)(2) and (3) of this | 11244 |
| section shall be increased by an amount equal to the adjustment | 11245 |
| percentage for that year multiplied by the compensation paid the | 11246 |
| preceding year pursuant to division (A)(1), (2), or (3) of this | 11247 |
| section. | 11248 |
| (2) Each | 11249 |
| annual salary payable under division (A)(4) of this section to the | 11250 |
| judges named in that division shall be increased by an amount | 11251 |
| equal to the adjustment percentage for that year multiplied by the | 11252 |
| aggregate compensation paid the preceding year pursuant to | 11253 |
| division (A)(4) of this section and section 141.05 of the Revised | 11254 |
| Code. | 11255 |
| (3) Each | 11256 |
| payable from the state treasury under division (A)(5) of this | 11257 |
| section to the judges named in that division shall be increased by | 11258 |
| an amount equal to the adjustment percentage for that year | 11259 |
| multiplied by the aggregate compensation paid the preceding year | 11260 |
| pursuant to division (A)(5) of this section and division (B)(1)(a) | 11261 |
| of section 1901.11 of the Revised Code. | 11262 |
| (4) Each | 11263 |
| payable from the state treasury under division (A)(6) of this | 11264 |
| section to the judges named in that division shall be increased by | 11265 |
| an amount equal to the adjustment percentage for that year | 11266 |
| multiplied by the aggregate compensation paid the preceding year | 11267 |
| pursuant to division (A)(6) of this section and division (A) of | 11268 |
| section 1901.11 of the Revised Code from municipal corporations | 11269 |
| and counties or division (A) of section 1907.16 of the Revised | 11270 |
| Code from counties. | 11271 |
| (F) In addition to the salaries payable pursuant to this | 11272 |
| section, the chief justice of the supreme court and the justices | 11273 |
| of the supreme court shall be entitled to a vehicle allowance of | 11274 |
| five hundred dollars per month, payable from the state treasury. | 11275 |
| The allowance shall be increased on the first day of January of | 11276 |
| each odd numbered year by an amount equal to the percentage | 11277 |
| increase, if any, in the consumer price index for the immediately | 11278 |
| preceding twenty-four month period for which information is | 11279 |
| available. | 11280 |
| (G) As used in this section: | 11281 |
| (1) The "adjustment percentage" for a year is the lesser of | 11282 |
| the following: | 11283 |
| (a) Three per cent; | 11284 |
| (b) The percentage increase, if any, in the consumer price | 11285 |
| index over the twelve-month period that ends on the thirtieth day | 11286 |
| of September of the immediately preceding year, rounded to the | 11287 |
| nearest one-tenth of one per cent. | 11288 |
| (2) "Consumer price index" has the same meaning as in section | 11289 |
| 101.27 of the Revised Code. | 11290 |
| (3) "Salary" does not include any portion of the cost, | 11291 |
| premium, or charge for health, medical, hospital, dental, or | 11292 |
| surgical benefits, or any combination of those benefits, covering | 11293 |
| the chief justice of the supreme court or a justice or judge named | 11294 |
| in this section and paid on the chief justice's or the justice's | 11295 |
| or judge's behalf by a governmental entity. | 11296 |
| Sec. 145.012. (A) "Public employee," as defined in division | 11297 |
| (A) of section 145.01 of the Revised Code, does not include any | 11298 |
| person: | 11299 |
| (1) Who is employed by a private, temporary-help service and | 11300 |
| performs services under the direction of a public employer or is | 11301 |
| employed on a contractual basis as an independent contractor under | 11302 |
| a personal service contract with a public employer; | 11303 |
| (2) Who is an emergency employee serving on a temporary basis | 11304 |
| in case of fire, snow, earthquake, flood, or other similar | 11305 |
| emergency; | 11306 |
| (3) Who is employed in a program established pursuant to the | 11307 |
| "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. | 11308 |
| 1501; | 11309 |
| (4) Who is an appointed member of either the motor vehicle | 11310 |
| salvage dealers board or the motor vehicle dealer's board whose | 11311 |
| rate and method of payment are determined pursuant to division (J) | 11312 |
| of section 124.15 of the Revised Code; | 11313 |
| (5) Who is employed as an election worker and paid less than | 11314 |
| five hundred dollars per calendar year for that service; | 11315 |
| (6) Who is employed as a firefighter in a position requiring | 11316 |
| satisfactory completion of a firefighter training course approved | 11317 |
| under former section 3303.07 or section 4765.55 of the Revised | 11318 |
| Code or conducted under section 3737.33 of the Revised Code except | 11319 |
| for the following: | 11320 |
| (a) Any firefighter who has elected under section 145.013 of | 11321 |
| the Revised Code to remain a contributing member of the public | 11322 |
| employees retirement system; | 11323 |
| (b) Any firefighter who was eligible to transfer from the | 11324 |
| public employees retirement system to the Ohio police and fire | 11325 |
| pension fund under section 742.51 or 742.515 of the Revised Code | 11326 |
| and did not elect to transfer; | 11327 |
| (c) Any firefighter who has elected under section 742.516 of | 11328 |
| the Revised Code to transfer from the Ohio police and fire pension | 11329 |
| fund to the public employees retirement system. | 11330 |
| (7) Who is a member of the board of health of a city or | 11331 |
| general health district, which pursuant to sections 3709.051 and | 11332 |
| 3709.07 of the Revised Code includes a combined health district, | 11333 |
| and whose compensation for attendance at meetings of the board is | 11334 |
| set forth in division (B) of section 3709.02 or division (B) of | 11335 |
| section 3709.05 of the Revised Code, as appropriate; | 11336 |
| (8) Who participates in an alternative retirement plan | 11337 |
| established under Chapter 3305. of the Revised Code; | 11338 |
| (9) Who is a member of the board of directors of a sanitary | 11339 |
| district established under Chapter 6115. of the Revised Code; | 11340 |
| (10) Who is a member of the unemployment compensation | 11341 |
| advisory council. | 11342 |
| (B) No inmate of a correctional institution operated by the | 11343 |
| department of rehabilitation and correction, no patient in a | 11344 |
| hospital for the mentally ill or criminally insane operated by the | 11345 |
| department of mental health, no resident in an institution for the | 11346 |
| mentally retarded operated by the department of mental retardation | 11347 |
| and developmental disabilities, no resident admitted as a patient | 11348 |
| of a veterans' home operated under Chapter 5907. of the Revised | 11349 |
| Code, and no resident of a county home shall be considered as a | 11350 |
| public employee for the purpose of establishing membership or | 11351 |
| calculating service credit or benefits under this chapter. | 11352 |
| Nothing in this division shall be construed to affect any service | 11353 |
| credit attained by any person who was a public employee before | 11354 |
| becoming an inmate, patient, or resident at any institution listed | 11355 |
| in this division, or the payment of any benefit for which such a | 11356 |
| person or such a person's beneficiaries otherwise would be | 11357 |
| eligible. | 11358 |
| Sec. 145.298. (A) As used in this section: | 11359 |
| (1) "State employing unit" means an employing unit described | 11360 |
| in division (A)(2) of section 145.297 of the Revised Code. | 11361 |
| (2) "State institution" means a state correctional facility, | 11362 |
| a state institution for the mentally ill, or a state institution | 11363 |
| for the care, treatment, and training of the mentally retarded. | 11364 |
| (B) | 11365 |
| to close a state institution or lay off, within a six-month | 11366 |
| period, a number of persons employed at an institution that equals | 11367 |
| or exceeds the lesser of fifty or ten per cent of the persons | 11368 |
| employed at the institution, the employing unit responsible for | 11369 |
| the institution's operation shall establish a retirement incentive | 11370 |
| plan for persons employed at the institution. | 11371 |
| (2) On and after July 1, 2009, in the event of a proposal to | 11372 |
| close a state institution or lay off, within a six-month period, a | 11373 |
| number of persons employed at an institution that equals or | 11374 |
| exceeds the lesser of two hundred or thirty per cent of the | 11375 |
| persons employed at the institution, the employing unit | 11376 |
| responsible for the institution's operation shall establish a | 11377 |
| retirement incentive plan for persons employed at the institution. | 11378 |
| (C) | 11379 |
|
other than | 11380 |
| this section, to lay off, within a six-month period, a number of | 11381 |
| employees of a state employing unit that equals or exceeds the | 11382 |
| lesser of fifty or ten per cent of the employing unit's employees, | 11383 |
| the employing unit shall establish a retirement incentive plan for | 11384 |
| employees of the employing unit. | 11385 |
| (2) On and after July 1, 2009, in the event of a proposal, | 11386 |
| other than the proposals described in division (B) of this | 11387 |
| section, to lay off, within a six-month period, a number of | 11388 |
| employees of a state employing unit that equals or exceeds the | 11389 |
| lesser of two hundred or thirty per cent of the employing unit's | 11390 |
| employees, the employing unit shall establish a retirement | 11391 |
| incentive plan for employees of the employing unit. | 11392 |
| (D)(1) A retirement incentive plan established under this | 11393 |
| section shall be consistent with the requirements of section | 11394 |
| 145.297 of the Revised Code, except as provided in division (D)(2) | 11395 |
| of this section and except that the plan shall go into effect at | 11396 |
| the time the layoffs or proposed closings are announced and shall | 11397 |
| remain in effect until the date of the layoffs or closings. | 11398 |
| (2) A retirement incentive plan established under this | 11399 |
| section due to the proposed closing of a state institution by the | 11400 |
| department of mental health prior to July 1, 1997, shall be | 11401 |
| consistent with the requirements of section 145.297 of the Revised | 11402 |
| Code, except as follows: | 11403 |
| (a) The employing unit shall purchase at least three years of | 11404 |
| service credit for each participating employee, except that it | 11405 |
| shall not purchase more service credit than the amount allowed by | 11406 |
| division (D) of section 145.297 of the Revised Code; | 11407 |
| (b) The plan shall go into effect at the time the proposed | 11408 |
| closing is announced and shall remain in effect at least until the | 11409 |
| date of the closing. | 11410 |
| (3) If the employing unit already has a retirement incentive | 11411 |
| plan in effect, the plan shall remain in effect at least until the | 11412 |
| date of the layoffs or closings. The employing unit may revise the | 11413 |
| existing plan to provide greater benefits, but if it revises the | 11414 |
| plan, it shall give written notice of the changes to all employees | 11415 |
| who have elected to participate in the original plan, and it shall | 11416 |
| provide the greater benefits to all employees who participate in | 11417 |
| the plan, whether their elections to participate were made before | 11418 |
| or after the date of the revision. | 11419 |
| Sec. 148.02. The Ohio public employees deferred compensation | 11420 |
| board shall be comprised of a member of the house of | 11421 |
| representatives and a member of the senate, who shall not be of | 11422 |
| the same political party, each to be appointed to serve at the | 11423 |
| pleasure of the member's respective leadership, and the members of | 11424 |
| the public employees retirement board as constituted by section | 11425 |
| 145.04 of the Revised Code, who are hereby created as a separate | 11426 |
| legal entity for the purpose of administering a deferred | 11427 |
| compensation system for all eligible employees. The public | 11428 |
| employees retirement board may utilize its employees and property | 11429 |
| in the administration of the system on behalf of the Ohio public | 11430 |
| employees deferred compensation board, in consideration of a | 11431 |
| reasonable service charge to be applied in a nondiscriminatory | 11432 |
| manner to all amounts of compensation deferred under this system. | 11433 |
| The Ohio public employees deferred compensation board may | 11434 |
| exercise the same powers granted by section 145.09 of the Revised | 11435 |
| Code necessary to its functions. The attorney general shall be the | 11436 |
| legal adviser of the board. The treasurer of state shall be the | 11437 |
| custodian of contributions into the deferred compensation program. | 11438 |
| Sec. 148.04. (A) The Ohio public employees deferred | 11439 |
| compensation board shall initiate, plan, expedite, and, subject to | 11440 |
| an appropriate assurance of the approval of the internal revenue | 11441 |
| service, promulgate and offer to all eligible employees, and | 11442 |
| thereafter administer on behalf of all participating employees and | 11443 |
| continuing members, and alter as required, a program for deferral | 11444 |
| of compensation, including a reasonable number of options to the | 11445 |
|
employee for the investment of deferred
funds, | 11446 |
| 11447 | |
| 11448 | |
| 11449 | |
| treatment of such funds. The members of the board are the trustees | 11450 |
| of any deferred funds and shall discharge their duties with | 11451 |
| respect to the funds solely in the interest of and for the | 11452 |
| exclusive benefit of participating employees, continuing members, | 11453 |
| and their beneficiaries. With respect to such deferred funds, | 11454 |
| section 148.09 of the Revised Code shall apply to claims against | 11455 |
| participating employees or continuing members and their employers. | 11456 |
| (B)(1) Whenever an individual becomes employed in a position | 11457 |
| paid by warrant of the director of budget and management, the | 11458 |
| individual's employer shall do both of the following at the time | 11459 |
| the employee completes the employee's initial employment | 11460 |
| paperwork: | 11461 |
| (a) Provide information to the employee either verbally or in | 11462 |
| writing regarding the benefits of long-term savings through | 11463 |
| deferred compensation; | 11464 |
| (b) Secure, in writing, the employee's election to | 11465 |
| participate or not participate in a deferred compensation program | 11466 |
| offered by the board. | 11467 |
| If the employee elects to participate in the deferred | 11468 |
| compensation program, the employee also shall execute a | 11469 |
| participation agreement to become a member of the program. | 11470 |
| An election regarding participation under this section shall | 11471 |
| be made in such manner and form as is prescribed by the Ohio | 11472 |
| public employees deferred compensation program and shall be filed | 11473 |
| with the program. | 11474 |
| The employer shall forward each election completed under this | 11475 |
| division to the deferred compensation program not later than | 11476 |
| thirty days after the date on which the employee's employment | 11477 |
| begins. | 11478 |
| (2) Every employer of an eligible employee shall contract | 11479 |
| with the employee upon the employee's application for | 11480 |
| participation in a deferred compensation program offered by the | 11481 |
|
board. | 11482 |
| 11483 | |
| 11484 |
| (C) The board shall, subject to any applicable contract | 11485 |
| provisions, undertake to obtain as favorable conditions of tax | 11486 |
| treatment as possible, both in the initial programs and any | 11487 |
| permitted alterations of them or additions to them, as to such | 11488 |
| matters as terms of distribution, designation of beneficiaries, | 11489 |
| withdrawal upon disability, financial hardship, or termination of | 11490 |
| public employment, and other optional provisions. | 11491 |
| (D) In no event shall the total of the amount of deferred | 11492 |
| compensation to be set aside under a deferred compensation program | 11493 |
| and the employee's nondeferred income for any year exceed the | 11494 |
| total annual salary or compensation under the existing salary | 11495 |
| schedule or classification plan applicable to the employee in that | 11496 |
| year. | 11497 |
| Such a deferred compensation program shall be in addition to | 11498 |
| any retirement or any other benefit program provided by law for | 11499 |
| employees of this state. The board shall adopt rules pursuant to | 11500 |
| Chapter 119. of the Revised Code to provide any necessary | 11501 |
| standards or conditions for the administration of its programs, | 11502 |
| including any limits on the portion of a participating employee's | 11503 |
| compensation that may be deferred in order to avoid adverse | 11504 |
| treatment of the program by the internal revenue service or the | 11505 |
| occurrence of deferral, withholding, or other deductions in excess | 11506 |
| of the compensation available for any pay period. | 11507 |
| Any income deferred under such a plan shall continue to be | 11508 |
| included as regular compensation for the purpose of computing the | 11509 |
| contributions to and benefits from the retirement system of such | 11510 |
| employee. Any sum so deferred shall not be included in the | 11511 |
| computation of any federal and state income taxes withheld on | 11512 |
| behalf of any such employee. | 11513 |
| (E) This section does not limit the authority of any | 11514 |
| municipal corporation, county, township, park district, | 11515 |
| conservancy district, sanitary district, health district, public | 11516 |
| library, county law library, public institution of higher | 11517 |
| education, or school district to provide separate authorized plans | 11518 |
| or programs for deferring compensation of their officers and | 11519 |
| employees in addition to the program for the deferral of | 11520 |
| compensation offered by the board. Any municipal corporation, | 11521 |
| township, public institution of higher education, or school | 11522 |
| district that offers such plans or programs shall include a | 11523 |
| reasonable number of options to its officers or employees for the | 11524 |
| investment of the deferred funds, including annuities, variable | 11525 |
| annuities, regulated investment trusts, or other forms of | 11526 |
| investment approved by the municipal corporation, township, public | 11527 |
| institution of higher education, or school district, that will | 11528 |
| assure the desired tax treatment of the funds. | 11529 |
| Sec. 148.05. (A)(1) As used in this division, "personal | 11530 |
| history record" means information maintained by the Ohio public | 11531 |
| employees deferred compensation board on an individual who is a | 11532 |
| participating employee or continuing member that includes the | 11533 |
| address, telephone number, social security number, record of | 11534 |
| contributions, records of benefits, correspondence with the Ohio | 11535 |
| public employees deferred compensation program, or other | 11536 |
| information the board determines to be confidential. | 11537 |
| (2) The records of the board shall be open to public | 11538 |
| inspection, except that the following shall be excluded, except | 11539 |
| with the written authorization of the individual concerned: | 11540 |
| (a) Information pertaining to an individual's participant | 11541 |
| account; | 11542 |
| (b) The individual's personal history record. | 11543 |
| (B)(1) All medical reports, records, and recommendations of a | 11544 |
| participating employee or a continuing member that are in the | 11545 |
| possession of the board are privileged. | 11546 |
| (2) All tax information of a participating employee, | 11547 |
| continuing member, or former participant or member that is in the | 11548 |
| possession of the board shall be confidential to the extent the | 11549 |
| information is confidential under Title LVII or any other | 11550 |
| provision of the Revised Code. | 11551 |
| (C) Notwithstanding the exceptions to public inspection in | 11552 |
| division (A)(2) of this section, the board may furnish the | 11553 |
| following information: | 11554 |
| (1) If a participating employee, continuing member, or former | 11555 |
| participant or member is subject to an order issued under section | 11556 |
| 2907.15 of the Revised Code or is convicted of or pleads guilty | 11557 |
| to a violation of section 2921.41 of the Revised Code, on written | 11558 |
| request of a prosecutor as defined in section 2935.01 of the | 11559 |
| Revised Code, the board shall furnish to the prosecutor the | 11560 |
| information requested from the individual's personal history | 11561 |
| record or participant account. | 11562 |
| (2) Pursuant to a court or administrative order issued | 11563 |
| pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised | 11564 |
| Code, the board shall furnish to a court or child support | 11565 |
| enforcement agency the information required under that section. | 11566 |
| (3) Pursuant to an administrative subpoena issued by a state | 11567 |
| agency, the board shall furnish the information required by the | 11568 |
| subpoena. | 11569 |
| (4) The board shall comply with orders issued under section | 11570 |
| 3105.87 of the Revised Code. | 11571 |
| (D) A statement that contains information obtained from the | 11572 |
| program's records that is signed by the executive director or the | 11573 |
| director's designee and to which the board's official seal is | 11574 |
| affixed, or copies of the program's records to which the | 11575 |
| signature and seal are attached, shall be received as true copies | 11576 |
| of the board's records in any court or before any officer of this | 11577 |
| state. | 11578 |
| Sec. 149.308. There is hereby created in the state treasury | 11579 |
| the Ohio historical society income tax contribution fund, which | 11580 |
| shall consist of money contributed to it under section 5747.113 of | 11581 |
| the Revised Code and of contributions made directly to it. Any | 11582 |
| person may contribute directly to the fund in addition to or | 11583 |
| independently of the income tax refund contribution system | 11584 |
| established in section 5747.113 of the Revised Code. | 11585 |
| The Ohio historical society shall use money credited to the | 11586 |
| fund in furtherance of the public functions with which the society | 11587 |
| is charged under section 149.30 of the Revised Code. | 11588 |
| Sec. 149.43. (A) As used in this section: | 11589 |
| (1) "Public record" means records kept by any public office, | 11590 |
| including, but not limited to, state, county, city, village, | 11591 |
| township, and school district units, and records pertaining to the | 11592 |
| delivery of educational services by an alternative school in this | 11593 |
| state kept by the nonprofit or for-profit entity operating the | 11594 |
| alternative school pursuant to section 3313.533 of the Revised | 11595 |
| Code. "Public record" does not mean any of the following: | 11596 |
| (a) Medical records; | 11597 |
| (b) Records pertaining to probation and parole proceedings or | 11598 |
| to proceedings related to the imposition of community control | 11599 |
| sanctions and post-release control sanctions; | 11600 |
| (c) Records pertaining to actions under section 2151.85 and | 11601 |
| division (C) of section 2919.121 of the Revised Code and to | 11602 |
| appeals of actions arising under those sections; | 11603 |
| (d) Records pertaining to adoption proceedings, including the | 11604 |
| contents of an adoption file maintained by the department of | 11605 |
| health under section 3705.12 of the Revised Code; | 11606 |
| (e) Information in a record contained in the putative father | 11607 |
| registry established by section 3107.062 of the Revised Code, | 11608 |
| regardless of whether the information is held by the department of | 11609 |
| job and family services or, pursuant to section 3111.69 of the | 11610 |
| Revised Code, the office of child support in the department or a | 11611 |
| child support enforcement agency; | 11612 |
| (f) Records listed in division (A) of section 3107.42 of the | 11613 |
| Revised Code or specified in division (A) of section 3107.52 of | 11614 |
| the Revised Code; | 11615 |
| (g) Trial preparation records; | 11616 |
| (h) Confidential law enforcement investigatory records; | 11617 |
| (i) Records containing information that is confidential under | 11618 |
| section 2710.03 or 4112.05 of the Revised Code; | 11619 |
| (j) DNA records stored in the DNA database pursuant to | 11620 |
| section 109.573 of the Revised Code; | 11621 |
| (k) Inmate records released by the department of | 11622 |
| rehabilitation and correction to the department of youth services | 11623 |
| or a court of record pursuant to division (E) of section 5120.21 | 11624 |
| of the Revised Code; | 11625 |
| (l) Records maintained by the department of youth services | 11626 |
| pertaining to children in its custody released by the department | 11627 |
| of youth services to the department of rehabilitation and | 11628 |
| correction pursuant to section 5139.05 of the Revised Code; | 11629 |
| (m) Intellectual property records; | 11630 |
| (n) Donor profile records; | 11631 |
| (o) Records maintained by the department of job and family | 11632 |
| services pursuant to section 3121.894 of the Revised Code; | 11633 |
| (p) Peace officer, parole officer, prosecuting attorney, | 11634 |
| assistant prosecuting attorney, correctional employee, youth | 11635 |
| services employee, firefighter, or EMT residential and familial | 11636 |
| information; | 11637 |
| (q) In the case of a county hospital operated pursuant to | 11638 |
| Chapter 339. of the Revised Code or a municipal hospital operated | 11639 |
| pursuant to Chapter 749. of the Revised Code, information that | 11640 |
| constitutes a trade secret, as defined in section 1333.61 of the | 11641 |
| Revised Code; | 11642 |
| (r) Information pertaining to the recreational activities of | 11643 |
| a person under the age of eighteen; | 11644 |
| (s) Records provided to, statements made by review board | 11645 |
| members during meetings of, and all work products of a child | 11646 |
| fatality review board acting under sections 307.621 to 307.629 of | 11647 |
| the Revised Code, and child fatality review data submitted by the | 11648 |
| child fatality review board to the department of health or a | 11649 |
| national child death review database, other than the report | 11650 |
| prepared pursuant to division (A) of section 307.626 of the | 11651 |
| Revised Code; | 11652 |
| (t) Records provided to and statements made by the executive | 11653 |
| director of a public children services agency or a prosecuting | 11654 |
| attorney acting pursuant to section 5153.171 of the Revised Code | 11655 |
| other than the information released under that section; | 11656 |
| (u) Test materials, examinations, or evaluation tools used in | 11657 |
| an examination for licensure as a nursing home administrator that | 11658 |
| the board of examiners of nursing home administrators administers | 11659 |
| under section 4751.04 of the Revised Code or contracts under that | 11660 |
| section with a private or government entity to administer; | 11661 |
| (v) Records the release of which is prohibited by state or | 11662 |
| federal law; | 11663 |
| (w) Proprietary information of or relating to any person that | 11664 |
| is submitted to or compiled by the Ohio venture capital authority | 11665 |
| created under section 150.01 of the Revised Code; | 11666 |
| (x) Information reported and evaluations conducted pursuant | 11667 |
| to section 3701.072 of the Revised Code; | 11668 |
| (y) Financial statements and data any person submits for any | 11669 |
| purpose to the Ohio housing finance agency or the controlling | 11670 |
| board in connection with applying for, receiving, or accounting | 11671 |
| for financial assistance from the agency, and information that | 11672 |
| identifies any individual who benefits directly or indirectly from | 11673 |
| financial assistance from the agency; | 11674 |
| (z) Records listed in section 5101.29 of the Revised Code. | 11675 |
| (aa) Discharges recorded with a county recorder under section | 11676 |
| 317.24 of the Revised Code, as specified in division (B)(2) of | 11677 |
| that section. | 11678 |
| (2) "Confidential law enforcement investigatory record" means | 11679 |
| any record that pertains to a law enforcement matter of a | 11680 |
| criminal, quasi-criminal, civil, or administrative nature, but | 11681 |
| only to the extent that the release of the record would create a | 11682 |
| high probability of disclosure of any of the following: | 11683 |
| (a) The identity of a suspect who has not been charged with | 11684 |
| the offense to which the record pertains, or of an information | 11685 |
| source or witness to whom confidentiality has been reasonably | 11686 |
| promised; | 11687 |
| (b) Information provided by an information source or witness | 11688 |
| to whom confidentiality has been reasonably promised, which | 11689 |
| information would reasonably tend to disclose the source's or | 11690 |
| witness's identity; | 11691 |
| (c) Specific confidential investigatory techniques or | 11692 |
| procedures or specific investigatory work product; | 11693 |
| (d) Information that would endanger the life or physical | 11694 |
| safety of law enforcement personnel, a crime victim, a witness, or | 11695 |
| a confidential information source. | 11696 |
| (3) "Medical record" means any document or combination of | 11697 |
| documents, except births, deaths, and the fact of admission to or | 11698 |
| discharge from a hospital, that pertains to the medical history, | 11699 |
| diagnosis, prognosis, or medical condition of a patient and that | 11700 |
| is generated and maintained in the process of medical treatment. | 11701 |
| (4) "Trial preparation record" means any record that contains | 11702 |
| information that is specifically compiled in reasonable | 11703 |
| anticipation of, or in defense of, a civil or criminal action or | 11704 |
| proceeding, including the independent thought processes and | 11705 |
| personal trial preparation of an attorney. | 11706 |
| (5) "Intellectual property record" means a record, other than | 11707 |
| a financial or administrative record, that is produced or | 11708 |
| collected by or for faculty or staff of a state institution of | 11709 |
| higher learning in the conduct of or as a result of study or | 11710 |
| research on an educational, commercial, scientific, artistic, | 11711 |
| technical, or scholarly issue, regardless of whether the study or | 11712 |
| research was sponsored by the institution alone or in conjunction | 11713 |
| with a governmental body or private concern, and that has not been | 11714 |
| publicly released, published, or patented. | 11715 |
| (6) "Donor profile record" means all records about donors or | 11716 |
| potential donors to a public institution of higher education | 11717 |
| except the names and reported addresses of the actual donors and | 11718 |
| the date, amount, and conditions of the actual donation. | 11719 |
| (7) "Peace officer, parole officer, prosecuting attorney, | 11720 |
| assistant prosecuting attorney, correctional employee, youth | 11721 |
| services employee, firefighter, or EMT residential and familial | 11722 |
| information" means any information that discloses any of the | 11723 |
| following about a peace officer, parole officer, prosecuting | 11724 |
| attorney, assistant prosecuting attorney, correctional employee, | 11725 |
| youth services employee, firefighter, or EMT: | 11726 |
| (a) The address of the actual personal residence of a peace | 11727 |
| officer, parole officer, assistant prosecuting attorney, | 11728 |
| correctional employee, youth services employee, firefighter, or | 11729 |
| EMT, except for the state or political subdivision in which the | 11730 |
| peace officer, parole officer, assistant prosecuting attorney, | 11731 |
| correctional employee, youth services employee, firefighter, or | 11732 |
| EMT resides; | 11733 |
| (b) Information compiled from referral to or participation in | 11734 |
| an employee assistance program; | 11735 |
| (c) The social security number, the residential telephone | 11736 |
| number, any bank account, debit card, charge card, or credit card | 11737 |
| number, or the emergency telephone number of, or any medical | 11738 |
| information pertaining to, a peace officer, parole officer, | 11739 |
| prosecuting attorney, assistant prosecuting attorney, correctional | 11740 |
| employee, youth services employee, firefighter, or EMT; | 11741 |
| (d) The name of any beneficiary of employment benefits, | 11742 |
| including, but not limited to, life insurance benefits, provided | 11743 |
| to a peace officer, parole officer, prosecuting attorney, | 11744 |
| assistant prosecuting attorney, correctional employee, youth | 11745 |
| services employee, firefighter, or EMT by the peace officer's, | 11746 |
| parole officer's, prosecuting attorney's, assistant prosecuting | 11747 |
| attorney's, correctional employee's, youth services employee's, | 11748 |
| firefighter's, or EMT's employer; | 11749 |
| (e) The identity and amount of any charitable or employment | 11750 |
| benefit deduction made by the peace officer's, parole officer's, | 11751 |
| prosecuting attorney's, assistant prosecuting attorney's, | 11752 |
| correctional employee's, youth services employee's, firefighter's, | 11753 |
| or EMT's employer from the peace officer's, parole officer's, | 11754 |
| prosecuting attorney's, assistant prosecuting attorney's, | 11755 |
| correctional employee's, youth services employee's, firefighter's, | 11756 |
| or EMT's compensation unless the amount of the deduction is | 11757 |
| required by state or federal law; | 11758 |
| (f) The name, the residential address, the name of the | 11759 |
| employer, the address of the employer, the social security number, | 11760 |
| the residential telephone number, any bank account, debit card, | 11761 |
| charge card, or credit card number, or the emergency telephone | 11762 |
| number of the spouse, a former spouse, or any child of a peace | 11763 |
| officer, parole officer, prosecuting attorney, assistant | 11764 |
| prosecuting attorney, correctional employee, youth services | 11765 |
| employee, firefighter, or EMT; | 11766 |
| (g) A photograph of a peace officer who holds a position or | 11767 |
| has an assignment that may include undercover or plain clothes | 11768 |
| positions or assignments as determined by the peace officer's | 11769 |
| appointing authority. | 11770 |
| As used in divisions (A)(7) and (B)(9) of this section, | 11771 |
| "peace officer" has the same meaning as in section 109.71 of the | 11772 |
| Revised Code and also includes the superintendent and troopers of | 11773 |
| the state highway patrol; it does not include the sheriff of a | 11774 |
| county or a supervisory employee who, in the absence of the | 11775 |
| sheriff, is authorized to stand in for, exercise the authority of, | 11776 |
| and perform the duties of the sheriff. | 11777 |
| As used in divisions (A)(7) and (B)(5) of this section, | 11778 |
| "correctional employee" means any employee of the department of | 11779 |
| rehabilitation and correction who in the course of performing the | 11780 |
| employee's job duties has or has had contact with inmates and | 11781 |
| persons under supervision. | 11782 |
| As used in divisions (A)(7) and (B)(5) of this section, | 11783 |
| "youth services employee" means any employee of the department of | 11784 |
| youth services who in the course of performing the employee's job | 11785 |
| duties has or has had contact with children committed to the | 11786 |
| custody of the department of youth services. | 11787 |
| As used in divisions (A)(7) and (B)(9) of this section, | 11788 |
| "firefighter" means any regular, paid or volunteer, member of a | 11789 |
| lawfully constituted fire department of a municipal corporation, | 11790 |
| township, fire district, or village. | 11791 |
| As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 11792 |
| means EMTs-basic, EMTs-I, and paramedics that provide emergency | 11793 |
| medical services for a public emergency medical service | 11794 |
| organization. "Emergency medical service organization," | 11795 |
| "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 11796 |
| section 4765.01 of the Revised Code. | 11797 |
| (8) "Information pertaining to the recreational activities of | 11798 |
| a person under the age of eighteen" means information that is kept | 11799 |
| in the ordinary course of business by a public office, that | 11800 |
| pertains to the recreational activities of a person under the age | 11801 |
| of eighteen years, and that discloses any of the following: | 11802 |
| (a) The address or telephone number of a person under the age | 11803 |
| of eighteen or the address or telephone number of that person's | 11804 |
| parent, guardian, custodian, or emergency contact person; | 11805 |
| (b) The social security number, birth date, or photographic | 11806 |
| image of a person under the age of eighteen; | 11807 |
| (c) Any medical record, history, or information pertaining to | 11808 |
| a person under the age of eighteen; | 11809 |
| (d) Any additional information sought or required about a | 11810 |
| person under the age of eighteen for the purpose of allowing that | 11811 |
| person to participate in any recreational activity conducted or | 11812 |
| sponsored by a public office or to use or obtain admission | 11813 |
| privileges to any recreational facility owned or operated by a | 11814 |
| public office. | 11815 |
| (9) "Community control sanction" has the same meaning as in | 11816 |
| section 2929.01 of the Revised Code. | 11817 |
| (10) "Post-release control sanction" has the same meaning as | 11818 |
| in section 2967.01 of the Revised Code. | 11819 |
| (11) "Redaction" means obscuring or deleting any information | 11820 |
| that is exempt from the duty to permit public inspection or | 11821 |
| copying from an item that otherwise meets the definition of a | 11822 |
| "record" in section 149.011 of the Revised Code. | 11823 |
| (12) "Designee" and "elected official" have the same meanings | 11824 |
| as in section 109.43 of the Revised Code. | 11825 |
| (B)(1) Upon request and subject to division (B)(8) of this | 11826 |
| section, all public records responsive to the request shall be | 11827 |
| promptly prepared and made available for inspection to any person | 11828 |
| at all reasonable times during regular business hours. Subject to | 11829 |
| division (B)(8) of this section, upon request, a public office or | 11830 |
| person responsible for public records shall make copies of the | 11831 |
| requested public record available at cost and within a reasonable | 11832 |
| period of time. If a public record contains information that is | 11833 |
| exempt from the duty to permit public inspection or to copy the | 11834 |
| public record, the public office or the person responsible for the | 11835 |
| public record shall make available all of the information within | 11836 |
| the public record that is not exempt. When making that public | 11837 |
| record available for public inspection or copying that public | 11838 |
| record, the public office or the person responsible for the public | 11839 |
| record shall notify the requester of any redaction or make the | 11840 |
| redaction plainly visible. A redaction shall be deemed a denial of | 11841 |
| a request to inspect or copy the redacted information, except if | 11842 |
| federal or state law authorizes or requires a public office to | 11843 |
| make the redaction. | 11844 |
| (2) To facilitate broader access to public records, a public | 11845 |
| office or the person responsible for public records shall organize | 11846 |
| and maintain public records in a manner that they can be made | 11847 |
| available for inspection or copying in accordance with division | 11848 |
| (B) of this section. A public office also shall have available a | 11849 |
| copy of its current records retention schedule at a location | 11850 |
| readily available to the public. If a requester makes an ambiguous | 11851 |
| or overly broad request or has difficulty in making a request for | 11852 |
| copies or inspection of public records under this section such | 11853 |
| that the public office or the person responsible for the requested | 11854 |
| public record cannot reasonably identify what public records are | 11855 |
| being requested, the public office or the person responsible for | 11856 |
| the requested public record may deny the request but shall provide | 11857 |
| the requester with an opportunity to revise the request by | 11858 |
| informing the requester of the manner in which records are | 11859 |
| maintained by the public office and accessed in the ordinary | 11860 |
| course of the public office's or person's duties. | 11861 |
| (3) If a request is ultimately denied, in part or in whole, | 11862 |
| the public office or the person responsible for the requested | 11863 |
| public record shall provide the requester with an explanation, | 11864 |
| including legal authority, setting forth why the request was | 11865 |
| denied. If the initial request was provided in writing, the | 11866 |
| explanation also shall be provided to the requester in writing. | 11867 |
| The explanation shall not preclude the public office or the person | 11868 |
| responsible for the requested public record from relying upon | 11869 |
| additional reasons or legal authority in defending an action | 11870 |
| commenced under division (C) of this section. | 11871 |
| (4) Unless specifically required or authorized by state or | 11872 |
| federal law or in accordance with division (B) of this section, no | 11873 |
| public office or person responsible for public records may limit | 11874 |
| or condition the availability of public records by requiring | 11875 |
| disclosure of the requester's identity or the intended use of the | 11876 |
| requested public record. Any requirement that the requester | 11877 |
| disclose the requestor's identity or the intended use of the | 11878 |
| requested public record constitutes a denial of the request. | 11879 |
| (5) A public office or person responsible for public records | 11880 |
| may ask a requester to make the request in writing, may ask for | 11881 |
| the requester's identity, and may inquire about the intended use | 11882 |
| of the information requested, but may do so only after disclosing | 11883 |
| to the requester that a written request is not mandatory and that | 11884 |
| the requester may decline to reveal the requester's identity or | 11885 |
| the intended use and when a written request or disclosure of the | 11886 |
| identity or intended use would benefit the requester by enhancing | 11887 |
| the ability of the public office or person responsible for public | 11888 |
| records to identify, locate, or deliver the public records sought | 11889 |
| by the requester. | 11890 |
| (6) If any person chooses to obtain a copy of a public record | 11891 |
| in accordance with division (B) of this section, the public office | 11892 |
| or person responsible for the public record may require that | 11893 |
| person to pay in advance the cost involved in providing the copy | 11894 |
| of the public record in accordance with the choice made by the | 11895 |
| person seeking the copy under this division. The public office or | 11896 |
| the person responsible for the public record shall permit that | 11897 |
| person to choose to have the public record duplicated upon paper, | 11898 |
| upon the same medium upon which the public office or person | 11899 |
| responsible for the public record keeps it, or upon any other | 11900 |
| medium upon which the public office or person responsible for the | 11901 |
| public record determines that it reasonably can be duplicated as | 11902 |
| an integral part of the normal operations of the public office or | 11903 |
| person responsible for the public record. When the person seeking | 11904 |
| the copy makes a choice under this division, the public office or | 11905 |
| person responsible for the public record shall provide a copy of | 11906 |
| it in accordance with the choice made by the person seeking the | 11907 |
| copy. Nothing in this section requires a public office or person | 11908 |
| responsible for the public record to allow the person seeking a | 11909 |
| copy of the public record to make the copies of the public record. | 11910 |
| (7) Upon a request made in accordance with division (B) of | 11911 |
| this section and subject to division (B)(6) of this section, a | 11912 |
| public office or person responsible for public records shall | 11913 |
| transmit a copy of a public record to any person by United States | 11914 |
| mail or by any other means of delivery or transmission within a | 11915 |
| reasonable period of time after receiving the request for the | 11916 |
| copy. The public office or person responsible for the public | 11917 |
| record may require the person making the request to pay in advance | 11918 |
| the cost of postage if the copy is transmitted by United States | 11919 |
| mail or the cost of delivery if the copy is transmitted other than | 11920 |
| by United States mail, and to pay in advance the costs incurred | 11921 |
| for other supplies used in the mailing, delivery, or transmission. | 11922 |
| Any public office may adopt a policy and procedures that it | 11923 |
| will follow in transmitting, within a reasonable period of time | 11924 |
| after receiving a request, copies of public records by United | 11925 |
| States mail or by any other means of delivery or transmission | 11926 |
| pursuant to this division. A public office that adopts a policy | 11927 |
| and procedures under this division shall comply with them in | 11928 |
| performing its duties under this division. | 11929 |
| In any policy and procedures adopted under this division, a | 11930 |
| public office may limit the number of records requested by a | 11931 |
| person that the office will transmit by United States mail to ten | 11932 |
| per month, unless the person certifies to the office in writing | 11933 |
| that the person does not intend to use or forward the requested | 11934 |
| records, or the information contained in them, for commercial | 11935 |
| purposes. For purposes of this division, "commercial" shall be | 11936 |
| narrowly construed and does not include reporting or gathering | 11937 |
| news, reporting or gathering information to assist citizen | 11938 |
| oversight or understanding of the operation or activities of | 11939 |
| government, or nonprofit educational research. | 11940 |
| (8) A public office or person responsible for public records | 11941 |
| is not required to permit a person who is incarcerated pursuant to | 11942 |
| a criminal conviction or a juvenile adjudication to inspect or to | 11943 |
| obtain a copy of any public record concerning a criminal | 11944 |
| investigation or prosecution or concerning what would be a | 11945 |
| criminal investigation or prosecution if the subject of the | 11946 |
| investigation or prosecution were an adult, unless the request to | 11947 |
| inspect or to obtain a copy of the record is for the purpose of | 11948 |
| acquiring information that is subject to release as a public | 11949 |
| record under this section and the judge who imposed the sentence | 11950 |
| or made the adjudication with respect to the person, or the | 11951 |
| judge's successor in office, finds that the information sought in | 11952 |
| the public record is necessary to support what appears to be a | 11953 |
| justiciable claim of the person. | 11954 |
| (9) Upon written request made and signed by a journalist on | 11955 |
| or after December 16, 1999, a public office, or person responsible | 11956 |
| for public records, having custody of the records of the agency | 11957 |
| employing a specified peace officer, parole officer, prosecuting | 11958 |
| attorney, assistant prosecuting attorney, correctional employee, | 11959 |
| youth services employee, firefighter, or EMT shall disclose to the | 11960 |
| journalist the address of the actual personal residence of the | 11961 |
| peace officer, parole officer, prosecuting attorney, assistant | 11962 |
| prosecuting attorney, correctional employee, youth services | 11963 |
| employee, firefighter, or EMT and, if the peace officer's, parole | 11964 |
| officer's, prosecuting attorney's, assistant prosecuting | 11965 |
| attorney's, correctional employee's, youth services employee's, | 11966 |
| firefighter's, or EMT's spouse, former spouse, or child is | 11967 |
| employed by a public office, the name and address of the employer | 11968 |
| of the peace officer's, parole officer's, prosecuting attorney's, | 11969 |
| assistant prosecuting attorney's, correctional employee's, youth | 11970 |
| services employee's, firefighter's, or EMT's spouse, former | 11971 |
| spouse, or child. The request shall include the journalist's name | 11972 |
| and title and the name and address of the journalist's employer | 11973 |
| and shall state that disclosure of the information sought would be | 11974 |
| in the public interest. | 11975 |
| As used in this division, "journalist" means a person engaged | 11976 |
| in, connected with, or employed by any news medium, including a | 11977 |
| newspaper, magazine, press association, news agency, or wire | 11978 |
| service, a radio or television station, or a similar medium, for | 11979 |
| the purpose of gathering, processing, transmitting, compiling, | 11980 |
| editing, or disseminating information for the general public. | 11981 |
| (C)(1) If a person allegedly is aggrieved by the failure of a | 11982 |
| public office or the person responsible for public records to | 11983 |
| promptly prepare a public record and to make it available to the | 11984 |
| person for inspection in accordance with division (B) of this | 11985 |
| section or by any other failure of a public office or the person | 11986 |
| responsible for public records to comply with an obligation in | 11987 |
| accordance with division (B) of this section, the person allegedly | 11988 |
| aggrieved may commence a mandamus action to obtain a judgment that | 11989 |
| orders the public office or the person responsible for the public | 11990 |
| record to comply with division (B) of this section, that awards | 11991 |
| court costs and reasonable attorney's fees to the person that | 11992 |
| instituted the mandamus action, and, if applicable, that includes | 11993 |
| an order fixing statutory damages under division (C)(1) of this | 11994 |
| section. The mandamus action may be commenced in the court of | 11995 |
| common pleas of the county in which division (B) of this section | 11996 |
| allegedly was not complied with, in the supreme court pursuant to | 11997 |
| its original jurisdiction under Section 2 of Article IV, Ohio | 11998 |
| Constitution, or in the court of appeals for the appellate | 11999 |
| district in which division (B) of this section allegedly was not | 12000 |
| complied with pursuant to its original jurisdiction under Section | 12001 |
| 3 of Article IV, Ohio Constitution. | 12002 |
| If a requestor transmits a written request by hand delivery | 12003 |
| or certified mail to inspect or receive copies of any public | 12004 |
| record in a manner that fairly describes the public record or | 12005 |
| class of public records to the public office or person responsible | 12006 |
| for the requested public records, except as otherwise provided in | 12007 |
| this section, the requestor shall be entitled to recover the | 12008 |
| amount of statutory damages set forth in this division if a court | 12009 |
| determines that the public office or the person responsible for | 12010 |
| public records failed to comply with an obligation in accordance | 12011 |
| with division (B) of this section. | 12012 |
| The amount of statutory damages shall be fixed at one hundred | 12013 |
| dollars for each business day during which the public office or | 12014 |
| person responsible for the requested public records failed to | 12015 |
| comply with an obligation in accordance with division (B) of this | 12016 |
| section, beginning with the day on which the requester files a | 12017 |
| mandamus action to recover statutory damages, up to a maximum of | 12018 |
| one thousand dollars. The award of statutory damages shall not be | 12019 |
| construed as a penalty, but as compensation for injury arising | 12020 |
| from lost use of the requested information. The existence of this | 12021 |
| injury shall be conclusively presumed. The award of statutory | 12022 |
| damages shall be in addition to all other remedies authorized by | 12023 |
| this section. | 12024 |
| The court may reduce an award of statutory damages or not | 12025 |
| award statutory damages if the court determines both of the | 12026 |
| following: | 12027 |
| (a) That, based on the ordinary application of statutory law | 12028 |
| and case law as it existed at the time of the conduct or | 12029 |
| threatened conduct of the public office or person responsible for | 12030 |
| the requested public records that allegedly constitutes a failure | 12031 |
| to comply with an obligation in accordance with division (B) of | 12032 |
| this section and that was the basis of the mandamus action, a | 12033 |
| well-informed public office or person responsible for the | 12034 |
| requested public records reasonably would believe that the conduct | 12035 |
| or threatened conduct of the public office or person responsible | 12036 |
| for the requested public records did not constitute a failure to | 12037 |
| comply with an obligation in accordance with division (B) of this | 12038 |
| section; | 12039 |
| (b) That a well-informed public office or person responsible | 12040 |
| for the requested public records reasonably would believe that the | 12041 |
| conduct or threatened conduct of the public office or person | 12042 |
| responsible for the requested public records would serve the | 12043 |
| public policy that underlies the authority that is asserted as | 12044 |
| permitting that conduct or threatened conduct. | 12045 |
| (2)(a) If the court issues a writ of mandamus that orders the | 12046 |
| public office or the person responsible for the public record to | 12047 |
| comply with division (B) of this section and determines that the | 12048 |
| circumstances described in division (C)(1) of this section exist, | 12049 |
| the court shall determine and award to the relator all court | 12050 |
| costs. | 12051 |
| (b) If the court renders a judgment that orders the public | 12052 |
| office or the person responsible for the public record to comply | 12053 |
| with division (B) of this section, the court may award reasonable | 12054 |
| attorney's fees subject to reduction as described in division | 12055 |
| (C)(2)(c) of this section. The court shall award reasonable | 12056 |
| attorney's fees, subject to reduction as described in division | 12057 |
| (C)(2)(c) of this section when either of the following applies: | 12058 |
| (i) The public office or the person responsible for the | 12059 |
| public records failed to respond affirmatively or negatively to | 12060 |
| the public records request in accordance with the time allowed | 12061 |
| under division (B) of this section. | 12062 |
| (ii) The public office or the person responsible for the | 12063 |
| public records promised to permit the relator to inspect or | 12064 |
| receive copies of the public records requested within a specified | 12065 |
| period of time but failed to fulfill that promise within that | 12066 |
| specified period of time. | 12067 |
| (c) Court costs and reasonable attorney's fees awarded under | 12068 |
| this section shall be construed as remedial and not punitive. | 12069 |
| Reasonable attorney's fees shall include reasonable fees incurred | 12070 |
| to produce proof of the reasonableness and amount of the fees and | 12071 |
| to otherwise litigate entitlement to the fees. The court may | 12072 |
| reduce an award of attorney's fees to the relator or not award | 12073 |
| attorney's fees to the relator if the court determines both of the | 12074 |
| following: | 12075 |
| (i) That, based on the ordinary application of statutory law | 12076 |
| and case law as it existed at the time of the conduct or | 12077 |
| threatened conduct of the public office or person responsible for | 12078 |
| the requested public records that allegedly constitutes a failure | 12079 |
| to comply with an obligation in accordance with division (B) of | 12080 |
| this section and that was the basis of the mandamus action, a | 12081 |
| well-informed public office or person responsible for the | 12082 |
| requested public records reasonably would believe that the conduct | 12083 |
| or threatened conduct of the public office or person responsible | 12084 |
| for the requested public records did not constitute a failure to | 12085 |
| comply with an obligation in accordance with division (B) of this | 12086 |
| section; | 12087 |
| (ii) That a well-informed public office or person responsible | 12088 |
| for the requested public records reasonably would believe that the | 12089 |
| conduct or threatened conduct of the public office or person | 12090 |
| responsible for the requested public records as described in | 12091 |
| division (C)(2)(c)(i) of this section would serve the public | 12092 |
| policy that underlies the authority that is asserted as permitting | 12093 |
| that conduct or threatened conduct. | 12094 |
| (D) Chapter 1347. of the Revised Code does not limit the | 12095 |
| provisions of this section. | 12096 |
| (E)(1) To ensure that all employees of public offices are | 12097 |
| appropriately educated about a public office's obligations under | 12098 |
| division (B) of this section, all elected officials or their | 12099 |
| appropriate designees shall attend training approved by the | 12100 |
| attorney general as provided in section 109.43 of the Revised | 12101 |
| Code. In addition, all public offices shall adopt a public records | 12102 |
| policy in compliance with this section for responding to public | 12103 |
| records requests. In adopting a public records policy under this | 12104 |
| division, a public office may obtain guidance from the model | 12105 |
| public records policy developed and provided to the public office | 12106 |
| by the attorney general under section 109.43 of the Revised Code. | 12107 |
| Except as otherwise provided in this section, the policy may not | 12108 |
| limit the number of public records that the public office will | 12109 |
| make available to a single person, may not limit the number of | 12110 |
| public records that it will make available during a fixed period | 12111 |
| of time, and may not establish a fixed period of time before it | 12112 |
| will respond to a request for inspection or copying of public | 12113 |
| records, unless that period is less than eight hours. | 12114 |
| (2) The public office shall distribute the public records | 12115 |
| policy adopted by the public office under division (E)(1) of this | 12116 |
| section to the employee of the public office who is the records | 12117 |
| custodian or records manager or otherwise has custody of the | 12118 |
| records of that office. The public office shall require that | 12119 |
| employee to acknowledge receipt of the copy of the public records | 12120 |
| policy. The public office shall create a poster that describes its | 12121 |
| public records policy and shall post the poster in a conspicuous | 12122 |
| place in the public office and in all locations where the public | 12123 |
| office has branch offices. The public office may post its public | 12124 |
| records policy on the internet web site of the public office if | 12125 |
| the public office maintains an internet web site. A public office | 12126 |
| that has established a manual or handbook of its general policies | 12127 |
| and procedures for all employees of the public office shall | 12128 |
| include the public records policy of the public office in the | 12129 |
| manual or handbook. | 12130 |
| (F)(1) The bureau of motor vehicles may adopt rules pursuant | 12131 |
| to Chapter 119. of the Revised Code to reasonably limit the number | 12132 |
| of bulk commercial special extraction requests made by a person | 12133 |
| for the same records or for updated records during a calendar | 12134 |
| year. The rules may include provisions for charges to be made for | 12135 |
| bulk commercial special extraction requests for the actual cost of | 12136 |
| the bureau, plus special extraction costs, plus ten per cent. The | 12137 |
| bureau may charge for expenses for redacting information, the | 12138 |
| release of which is prohibited by law. | 12139 |
| (2) As used in division (F)(1) of this section: | 12140 |
| (a) "Actual cost" means the cost of depleted supplies, | 12141 |
| records storage media costs, actual mailing and alternative | 12142 |
| delivery costs, or other transmitting costs, and any direct | 12143 |
| equipment operating and maintenance costs, including actual costs | 12144 |
| paid to private contractors for copying services. | 12145 |
| (b) "Bulk commercial special extraction request" means a | 12146 |
| request for copies of a record for information in a format other | 12147 |
| than the format already available, or information that cannot be | 12148 |
| extracted without examination of all items in a records series, | 12149 |
| class of records, or data base by a person who intends to use or | 12150 |
| forward the copies for surveys, marketing, solicitation, or resale | 12151 |
| for commercial purposes. "Bulk commercial special extraction | 12152 |
| request" does not include a request by a person who gives | 12153 |
| assurance to the bureau that the person making the request does | 12154 |
| not intend to use or forward the requested copies for surveys, | 12155 |
| marketing, solicitation, or resale for commercial purposes. | 12156 |
| (c) "Commercial" means profit-seeking production, buying, or | 12157 |
| selling of any good, service, or other product. | 12158 |
| (d) "Special extraction costs" means the cost of the time | 12159 |
| spent by the lowest paid employee competent to perform the task, | 12160 |
| the actual amount paid to outside private contractors employed by | 12161 |
| the bureau, or the actual cost incurred to create computer | 12162 |
| programs to make the special extraction. "Special extraction | 12163 |
| costs" include any charges paid to a public agency for computer or | 12164 |
| records services. | 12165 |
| (3) For purposes of divisions (F)(1) and (2) of this section, | 12166 |
| "surveys, marketing, solicitation, or resale for commercial | 12167 |
| purposes" shall be narrowly construed and does not include | 12168 |
| reporting or gathering news, reporting or gathering information to | 12169 |
| assist citizen oversight or understanding of the operation or | 12170 |
| activities of government, or nonprofit educational research. | 12171 |
| Sec. 150.01. (A) As used in this chapter: | 12172 |
| (1) "Authority" means the Ohio venture capital authority | 12173 |
| created under section 150.02 of the Revised Code. | 12174 |
| (2) "Issuer" means a port authority organized and existing | 12175 |
| under applicable provisions of Chapter 4582. of the Revised Code | 12176 |
| that, pursuant to an agreement entered into under division (E) of | 12177 |
| section 150.02 of the Revised Code, issues or issued obligations | 12178 |
| to fund one or more loans to the program fund. | 12179 |
| (3) "Lender" means any person that lends money to the program | 12180 |
| fund as provided in this chapter and includes any lender and any | 12181 |
| trustee. | 12182 |
| | 12183 |
| lender's loan to the program fund. Such a loss is incurred only if | 12184 |
| and to the extent a program administrator fails to satisfy its | 12185 |
| obligations to the lender to make timely payments of principal or | 12186 |
| interest as provided in the loan agreement between the lender and | 12187 |
| the program administrator. "Loss" does not include either of the | 12188 |
| following: | 12189 |
| (a) Any loss incurred by the program fund, including a loss | 12190 |
| attributable to any investment made by a program administrator; | 12191 |
| (b) Any loss of the capital required to be provided by a | 12192 |
| program administrator, or income accruing to that capital, under | 12193 |
| the agreement entered into under division (B) of section 150.05 of | 12194 |
| the Revised Code. | 12195 |
| | 12196 |
| is engaged in business, that employs at least one individual on a | 12197 |
| full-time or part-time basis at a place of business in this state, | 12198 |
| including a person engaged in business if that person is a | 12199 |
| self-employed individual, and that is in the seed or early stage | 12200 |
| of business development requiring initial or early stage funding | 12201 |
| or is an established business enterprise developing new methods or | 12202 |
| technologies. | 12203 |
| | 12204 |
| capital fund having its principal office in this state, where the | 12205 |
| majority of the fund's staff are employed and where at least one | 12206 |
| investment professional is employed who has at least five years of | 12207 |
| experience in venture capital investment. | 12208 |
| | 12209 |
| capital fund managed by the program administrator or a fund | 12210 |
| manager appointed by the program administrator that is capitalized | 12211 |
| exclusively by program fund investments in accordance with the | 12212 |
| investment policy adopted under section 150.03 of the Revised | 12213 |
| Code. | 12214 |
| (8) "Program fund" means the fund created under section | 12215 |
| 150.03 of the Revised Code. | 12216 |
| (9) "Research and development purposes" has the same meaning | 12217 |
| as used in Section 2p of Article VIII, Ohio Constitution, and | 12218 |
| includes the development of sites and facilities in this state for | 12219 |
| and in support of those research and development purposes. | 12220 |
| (10) "Trustee" means a trust company or a bank with corporate | 12221 |
| trust powers, in either case having a place of business in this | 12222 |
| state and acting in its capacity as a trustee pursuant to a trust | 12223 |
| agreement under which an issuer issues obligations to fund loans | 12224 |
| to the program fund. | 12225 |
| (B) The general assembly declares that its purpose in | 12226 |
| enacting Chapter 150. of the Revised Code is to increase the | 12227 |
| amount of private investment capital available in this state for | 12228 |
| Ohio-based business enterprises in the seed or early stages of | 12229 |
| business development and requiring initial or early stage funding, | 12230 |
| as well as established Ohio-based business enterprises developing | 12231 |
| new methods or technologies, including the promotion of research | 12232 |
| and development purposes, thereby increasing employment, creating | 12233 |
| additional wealth, and otherwise benefiting the economic welfare | 12234 |
| of the people of this state. Accordingly, it is the intention of | 12235 |
| the general assembly that the program fund make its investments in | 12236 |
| support of Ohio-based business enterprises and that the Ohio | 12237 |
| venture capital authority focus its investment policy principally | 12238 |
| on venture capital funds investing in such Ohio-based business | 12239 |
| enterprises. The general assembly finds and determines that this | 12240 |
| chapter and the investment policy, and actions taken under and | 12241 |
| consistent therewith, will promote and implement the public | 12242 |
| purposes of Section 2p of Article VIII, Ohio Constitution. | 12243 |
| Sec. 150.02. (A) There is hereby created the Ohio venture | 12244 |
| capital authority, which shall exercise the powers and perform the | 12245 |
| duties prescribed by this chapter. The exercise by the authority | 12246 |
| of its powers and duties is hereby declared to be an essential | 12247 |
| state governmental function. The authority is subject to all laws | 12248 |
| generally applicable to state agencies and public officials, | 12249 |
| including, but not limited to, Chapter 119. and sections 121.22 | 12250 |
| and 149.43 of the Revised Code, to the extent those laws do not | 12251 |
| conflict with this chapter. | 12252 |
| (B) The
authority shall consist of | 12253 |
| one of whom shall be the director of development or the director's | 12254 |
| designee, and two of whom shall be appointed by the governor. | 12255 |
| 12256 | |
| 12257 | |
| 12258 | |
| 12259 | |
| 12260 | |
| 12261 | |
| 12262 | |
| 12263 |
| | 12264 |
| 12265 | |
| 12266 | |
| 12267 | |
| 12268 | |
| 12269 | |
| 12270 | |
| 12271 | |
| 12272 | |
| 12273 | |
| 12274 |
| | 12275 |
| 12276 | |
| 12277 | |
| 12278 |
| (C) | 12279 |
| 12280 | |
| 12281 | |
| governor shall designate a member of the authority to serve as | 12282 |
|
chairperson. A majority
of the | 12283 |
| constitutes a quorum, and the affirmative vote of a majority of | 12284 |
| the voting members present is necessary for any action taken by | 12285 |
|
the authority.
| 12286 |
| 12287 | |
| 12288 |
| (D) The department of development shall provide the authority | 12289 |
| with office space and such technical assistance as the authority | 12290 |
| requires. | 12291 |
| (E) The authority and an issuer may cooperate in promoting | 12292 |
| the public purposes of the Ohio venture capital program as stated | 12293 |
| in section 150.01 of the Revised Code and shall enter into such | 12294 |
| agreements as the authority and the issuer shall deem appropriate, | 12295 |
| with a view to cooperative action and safeguarding of the | 12296 |
| respective interests of the parties thereto. Any agreement shall | 12297 |
| provide for the rights, duties, and responsibilities of the | 12298 |
| parties and any limitations thereon, shall provide for the terms | 12299 |
| on which any tax credits to be issued to the issuer or a trustee | 12300 |
| pursuant to section 150.07 of the Revised Code shall be issued and | 12301 |
| claimed, and shall provide terms as may be mutually satisfactory | 12302 |
| to the parties including, but not limited to, requirements for | 12303 |
| reporting, and a plan, prepared by the program administrator and | 12304 |
| acceptable to the authority and the issuer, designed to evidence | 12305 |
| and ensure compliance with division (D) of section 150.03 of the | 12306 |
| Revised Code and Section 2p of Article VIII, Ohio Constitution. | 12307 |
| Sec. 150.021. (A) There is hereby created the Ohio venture | 12308 |
| capital advisory board that, upon request of the Ohio venture | 12309 |
| capital authority, shall provide general advice to the authority | 12310 |
| on various issues relevant to the purpose of the Ohio venture | 12311 |
| capital program as stated in section 150.01 of the Revised Code, | 12312 |
| including, but not limited to, the following: | 12313 |
| (1) Strategic planning, investment policy, and investment | 12314 |
| prohibitions for programs that may be implemented by the | 12315 |
| authority; | 12316 |
| (2) Budget and investment targets, investment processes, and | 12317 |
| other aspects of the professional management and administration of | 12318 |
| programs implemented by the authority; | 12319 |
| (3) Metrics and methods of measuring the progress and impact | 12320 |
| of programs administered by the authority; and | 12321 |
| (4) Qualifications and standards for evaluating the | 12322 |
| performance of the program administrator and other professionals | 12323 |
| and advisors that may be selected and retained to provide services | 12324 |
| in connection with programs administered by the authority. | 12325 |
| (B) The authority shall not request, and the advisory board | 12326 |
| shall not offer to the authority, advice about the selection or | 12327 |
| retention of any specific professional service provider, | 12328 |
| contractor, or other agent that has been or may be retained by the | 12329 |
| authority, or about any specific investment that may be considered | 12330 |
| or has been made by the program administrator. | 12331 |
| (C) The advisory board shall be composed of seven members who | 12332 |
| shall be appointed by the governor, with the advice and consent of | 12333 |
| the senate, from among the general public. All appointed members | 12334 |
| shall have experience with businesses in the seed or early stages | 12335 |
| of development or investments in such businesses. At least three | 12336 |
| members of the advisory board shall, on account of their | 12337 |
| vocations, employment, or affiliations, have experience investing | 12338 |
| in or managing investments in businesses in the seed or early | 12339 |
| stages of development. At least two members of the advisory board | 12340 |
| shall, on account of their vocations, employment, or affiliations, | 12341 |
| have experience providing professional services to individuals or | 12342 |
| funds investing in or managing investments in businesses in the | 12343 |
| seed or early stages of development or to businesses in the seed | 12344 |
| or early stages of development with respect to the process of | 12345 |
| seeking and obtaining such investments. The other members of the | 12346 |
| advisory board may, on account of their vocations, employment, or | 12347 |
| affiliations, have experience generally in investing in or | 12348 |
| managing investments in businesses or providing professional | 12349 |
| services to entities whose primary business is investing in or | 12350 |
| managing investments in businesses or to businesses with respect | 12351 |
| to the process of seeking and obtaining investment financing. | 12352 |
| Initial gubernatorial appointees to the board shall serve | 12353 |
| staggered terms, with two terms expiring on January 31, 2010, two | 12354 |
| terms expiring on January 31, 2011, and three terms expiring on | 12355 |
| January 31, 2012. Thereafter, terms of office for all appointees | 12356 |
| shall be for three years, with each term ending on the same day of | 12357 |
| the same month as did the term that it succeeds. All members of | 12358 |
| the board shall serve at the pleasure of the governor. A vacancy | 12359 |
| on the advisory board shall be filled in the same manner as the | 12360 |
| original appointment, except that a person appointed to fill a | 12361 |
| vacancy shall be appointed to the remainder of the unexpired term. | 12362 |
| Any member of the advisory board is eligible for reappointment. | 12363 |
| (D) The governor shall designate a member of the advisory | 12364 |
| board to serve as chairperson. A majority of all members of the | 12365 |
| advisory board constitutes a quorum, and no recommendation shall | 12366 |
| be made or advice given by the board without the affirmative vote | 12367 |
| of a majority of the members. | 12368 |
| (E) Members of the advisory board shall serve without | 12369 |
| compensation, but shall receive their reasonable and necessary | 12370 |
| expenses incurred in the conduct of board business. The department | 12371 |
| of development shall provide office space and facilities for the | 12372 |
| advisory board. | 12373 |
| Sec. 150.03. Within
ninety days after | 12374 |
| 12375 | |
| subsequently may modify as it considers necessary, a written | 12376 |
| investment policy governing the investment of money from the | 12377 |
| program fund, which is hereby created. The program fund shall | 12378 |
| consist of the proceeds of loans acquired by a program | 12379 |
| administrator. The authority is subject to Chapter 119. of the | 12380 |
| Revised Code with respect to the establishment or modification of | 12381 |
| the policy. The policy shall meet all the following requirements: | 12382 |
| (A) It is consistent with the purpose of the program stated | 12383 |
| in section 150.01 of the Revised Code. | 12384 |
| (B) Subject to divisions (C), (D), and (E) of this section, | 12385 |
| it permits the investment of money from the program fund in | 12386 |
| private, for-profit venture capital funds, including funds of | 12387 |
| funds, that invest in enterprises in the seed or early stage of | 12388 |
| business development or established business enterprises | 12389 |
| developing new methods or technologies, and that demonstrate | 12390 |
| potential to generate high levels of successful investment | 12391 |
| performance. | 12392 |
| (C) It specifies that, exclusive of any program fund money | 12393 |
| invested in an Ohio co-investment fund, a program administrator or | 12394 |
| fund manager employed by the program administrator shall invest | 12395 |
| not less than seventy-five per cent of program fund money under | 12396 |
| its investment authority in Ohio-based venture capital funds. | 12397 |
| (D) It specifies | 12398 |
| (1) That not less than an amount equal to fifty per cent of | 12399 |
|
program fund money invested in any venture capital
fund | 12400 |
| invested by the venture capital fund in Ohio-based business | 12401 |
| enterprises; | 12402 |
| (2) That one hundred per cent of program fund money invested | 12403 |
| in any Ohio co-investment fund is invested by the Ohio | 12404 |
| co-investment fund in Ohio-based business enterprises; and | 12405 |
| (3) That, commencing with the first program fund investment | 12406 |
| in each venture capital fund, the aggregate amount invested in | 12407 |
| Ohio-based business enterprises by all venture capital funds in | 12408 |
| which the program fund has invested is not less than the aggregate | 12409 |
| amount of all program fund money invested in those venture capital | 12410 |
| funds. | 12411 |
| (E) It specifies that a program administrator or fund manager | 12412 |
| employed by the program administrator shall not invest money from | 12413 |
| the program fund in a venture capital fund to the extent that the | 12414 |
| total amount of program fund money invested in the venture capital | 12415 |
|
fund | 12416 |
| 12417 | |
| 12418 |
| (1) In the case of an Ohio co-investment fund, the lesser of | 12419 |
| the following: | 12420 |
| (a) One hundred million dollars; | 12421 |
| (b) Fifty per cent of the total amount of capital committed | 12422 |
| to all venture capital funds by the program fund. | 12423 |
| (2) In the case of any venture capital fund that is not an | 12424 |
| Ohio co-investment fund, the lesser of the following: | 12425 |
| (a) Ten million dollars; | 12426 |
| | 12427 |
| fund, fifty per cent of the total amount of capital committed to | 12428 |
| the fund from all sources, after accounting for capital committed | 12429 |
| from the program fund; | 12430 |
| | 12431 |
| per cent of the total amount of capital committed to the fund | 12432 |
| from all sources, after accounting for capital committed from the | 12433 |
| program fund. | 12434 |
| (F) It specifies that a program administrator or fund manager | 12435 |
| employed by the program administrator shall not commit capital | 12436 |
| from the program fund to a venture capital fund other than an Ohio | 12437 |
| co-investment fund until the venture capital fund receives | 12438 |
| commitment of at least the same amount from other investors in | 12439 |
| the fund, and shall not permit capital from an Ohio co-investment | 12440 |
| fund to be committed to any investment until the Ohio-based | 12441 |
| business enterprise in which the investment is to be made receives | 12442 |
| a commitment of at least the same amount from other investors that | 12443 |
| are independent of and under management independent of the program | 12444 |
| administrator and any fund manager employed by the program | 12445 |
| administrator. | 12446 |
| (G) It specifies the general conditions a private, for-profit | 12447 |
| investment fund must meet to be selected as a program | 12448 |
| administrator under section 150.05 of the Revised Code, including, | 12449 |
| as a significant selection standard, direct experience managing | 12450 |
| external or nonproprietary capital in private equity fund of funds | 12451 |
| formats. | 12452 |
| (H) It specifies the criteria the authority must consider | 12453 |
| when making a determination under division (B)(1) of section | 12454 |
| 150.04 of the Revised Code. | 12455 |
| (I) It includes investment standards and general limitations | 12456 |
| on allowable investments that the authority considers reasonable | 12457 |
| and necessary to achieve the purposes of this chapter as stated in | 12458 |
| division (B) of section 150.01 of the Revised Code, minimize the | 12459 |
| need for the authority to grant tax credits under section 150.07 | 12460 |
| of the Revised Code, ensure compliance of the program | 12461 |
| administrators with all applicable laws of this state and the | 12462 |
| United States, and ensure the safety and soundness of investments | 12463 |
| of money from the program fund. | 12464 |
| (J) It prohibits the investment of money from the program | 12465 |
| fund directly in persons other than venture capital funds, except | 12466 |
| for temporary investment in investment grade debt securities or | 12467 |
| temporary deposit in interest-bearing accounts or funds pending | 12468 |
| permanent investment in venture capital funds. | 12469 |
| Sec. 150.04. (A) The investment policy established or | 12470 |
| modified under section 150.03 of the Revised Code shall specify | 12471 |
| the terms and conditions under which the authority may grant tax | 12472 |
| credits under section 150.07 of the Revised Code, subject to that | 12473 |
| section and division (B) of this section, to provide security | 12474 |
| against lenders' losses. | 12475 |
| (B) Nothing in this chapter authorizes the providing of | 12476 |
| security against losses on any bases other than the following: | 12477 |
| (1) The application first of moneys of the Ohio venture | 12478 |
| capital fund, created under section 150.08 of the Revised Code, | 12479 |
| that the authority, under the criteria in its investment policy, | 12480 |
| determines may be expended without adversely affecting the ability | 12481 |
| of the authority to continue fulfilling the purpose of this | 12482 |
| chapter as stated in section 150.01 of the Revised Code; and then | 12483 |
| (2) The granting of tax credits pursuant to section 150.07 of | 12484 |
| the Revised Code, but only to the extent moneys under division | 12485 |
| (B)(1) of this section are insufficient, including to fund | 12486 |
| reserves maintained by or on behalf of an issuer to the extent | 12487 |
| consistent with an agreement between the authority and the issuer | 12488 |
| entered into under division (E) of section 150.02 of the Revised | 12489 |
| Code. | 12490 |
| Sec. 150.05. (A) The authority shall select, as program | 12491 |
| administrators, not more than two private, for-profit investment | 12492 |
| funds to acquire loans for the program fund and to invest money in | 12493 |
| the program fund as prescribed in the investment policy | 12494 |
| established or modified by the authority in accordance with | 12495 |
| sections 150.03 and 150.04 of the Revised Code. The authority | 12496 |
| shall give equal consideration, in selecting these program | 12497 |
| administrators, to minority owned and controlled investment funds, | 12498 |
| to funds owned and controlled by women, to ventures involving | 12499 |
| minority owned and controlled funds, and to ventures involving | 12500 |
| funds owned and controlled by women that otherwise meet the | 12501 |
| policies and criteria established by the authority. To be eligible | 12502 |
| for selection, an investment fund must be incorporated or | 12503 |
| organized under Chapter 1701., 1705., 1775., 1776., 1782., or | 12504 |
| 1783. of the Revised Code, must have an established business | 12505 |
| presence in this state, and must be capitalized in accordance | 12506 |
| with any state and federal laws applicable to the issuance or | 12507 |
| sale of securities. | 12508 |
| The authority shall select program administrators only after | 12509 |
| soliciting and evaluating requests for proposals as prescribed in | 12510 |
| this section. The authority shall publish a notice of a request | 12511 |
| for proposals in newspapers of general circulation in this state | 12512 |
| once each week for two consecutive weeks before a date specified | 12513 |
| by the authority as the date on which it will begin accepting | 12514 |
| proposals. The notices shall contain a general description of the | 12515 |
| subject of the proposed agreement and the location where the | 12516 |
| request for proposals may be obtained. The request for proposals | 12517 |
| shall include all the following: | 12518 |
| (1) Instructions and information to respondents concerning | 12519 |
| the submission of proposals, including the name and address of the | 12520 |
| office where proposals are to be submitted; | 12521 |
| (2) Instructions regarding the manner in which respondents | 12522 |
| may communicate with the authority, including the names, titles, | 12523 |
| and telephone numbers of the individuals to whom such | 12524 |
| communications shall be directed; | 12525 |
| (3) Description of the performance criteria that will be used | 12526 |
| to evaluate whether a respondent selected by the authority is | 12527 |
| satisfying the authority's investment policy; | 12528 |
| (4) Description of the factors and criteria to be considered | 12529 |
| in evaluating respondents' proposals, the relative importance of | 12530 |
| each factor or criterion, and description of the authority's | 12531 |
| evaluation procedure; | 12532 |
| (5) Description of any documents that may be incorporated by | 12533 |
| reference into the request for proposals, provided that the | 12534 |
| request specifies where such documents may be obtained and such | 12535 |
| documents are readily available to all interested parties. | 12536 |
| After the date specified for receiving proposals, the | 12537 |
| authority shall evaluate submitted proposals. The authority may | 12538 |
| discuss a respondent's proposal with that respondent to clarify or | 12539 |
| revise a proposal or the terms of the agreement. | 12540 |
| The authority shall choose for review proposals from at least | 12541 |
| three respondents the authority considers qualified to operate the | 12542 |
| program in the best interests of the investment policy adopted by | 12543 |
| the authority. If three or fewer proposals are submitted, the | 12544 |
| authority shall review each proposal. The authority may cancel a | 12545 |
| request for proposals at any time before entering into an | 12546 |
| agreement with a respondent. The authority shall provide | 12547 |
| respondents fair and equal opportunity for such discussions. The | 12548 |
| authority may terminate discussions with any respondent upon | 12549 |
| written notice to the respondent. | 12550 |
| (B) After reviewing the chosen proposals, the authority may | 12551 |
| select not more than two such respondents and enter into a written | 12552 |
| agreement with each of the selected respondents, provided that at | 12553 |
| no time shall there be agreements with more than two persons. | 12554 |
| The agreement shall do all of the following: | 12555 |
| (1) Specify that borrowing and investing by the program | 12556 |
| administrator will be budgeted to guarantee that no tax credits | 12557 |
| will be granted during the first four years of the Ohio venture | 12558 |
| capital program, and will be structured to ensure that payments of | 12559 |
| principal, interest, or interest equivalent due in any fiscal | 12560 |
| year, when added to such payments due from any other program | 12561 |
| administrator, does not exceed twenty million dollars; | 12562 |
| (2) Require investment by the program administrator or the | 12563 |
| fund manager employed by the program administrator to be in | 12564 |
| compliance with the investment policy established or modified in | 12565 |
| accordance with sections 150.03 and 150.04 of the Revised Code | 12566 |
| that is in effect at the time the investment is made, and prohibit | 12567 |
| the program administrator or fund manager from engaging in any | 12568 |
| investment activities other than activities to carry out that | 12569 |
| policy; | 12570 |
| (3) Require periodic financial reporting by the program | 12571 |
| administrator to the authority, which reporting shall include an | 12572 |
| annual audit by an independent auditor and such other financial | 12573 |
| reporting as is specified in the agreement or otherwise required | 12574 |
| by the authority for the purpose of ensuring that the program | 12575 |
| administrator is carrying out the investment policy; | 12576 |
| (4) Specify any like standards or general limitations in | 12577 |
| addition to or in furtherance of investment standards or | 12578 |
| limitations that apply pursuant to division (H) of section 150.03 | 12579 |
| of the Revised Code; | 12580 |
| (5) Require the program administrator to apply program fund | 12581 |
| revenue first to the payment of principal borrowed by the program | 12582 |
| administrator for investment under the program, then to interest | 12583 |
| related to that principal, and then to amounts necessary to cover | 12584 |
| the program administrator's pro rata share required under division | 12585 |
| (B)(9) of this section; and require the program administrator to | 12586 |
| pay the authority not less than ninety per cent of the amount by | 12587 |
| which program fund revenue attributable to investments under the | 12588 |
| program administrator's investment authority exceeds amounts so | 12589 |
| applied; | 12590 |
| (6) Specify the procedures by which the program administrator | 12591 |
| shall certify immediately to the authority the necessity for the | 12592 |
| authority to issue tax credit certificates pursuant to contracts | 12593 |
| entered into under section 150.07 of the Revised Code; | 12594 |
| (7) Specify any general limitations regarding the employment | 12595 |
| of a fund manager by the program administrator, in addition to an | 12596 |
| express limitation that the fund manager be a person with | 12597 |
| demonstrated, substantial, successful experience in the design and | 12598 |
| management of seed and venture capital investment programs and in | 12599 |
| capital formation. The fund manager may be, but need not be, an | 12600 |
| equity owner or affiliate of the program administrator. | 12601 |
| (8) Specify the terms and conditions under which the | 12602 |
| authority or the program administrator may terminate the | 12603 |
| agreement, including in the circumstance that the program | 12604 |
| administrator or fund manager violates the investment policy; | 12605 |
| (9) Require the program administrator or fund manager | 12606 |
| employed by the program administrator to provide capital in the | 12607 |
| form of a loan equal to one per cent of the amount of outstanding | 12608 |
| loans by lenders to the program fund. The loan from the program | 12609 |
| administrator or fund manager shall be on the same terms and | 12610 |
| conditions as loans from other lenders, except that the loan from | 12611 |
| the program administrator or fund manager shall not be secured by | 12612 |
| the Ohio venture capital fund or tax credits available to other | 12613 |
| lenders under division (B) of section 150.04 of the Revised Code. | 12614 |
| Such capital shall be placed at the same risk as the proceeds from | 12615 |
| such loans. The program administrator shall receive a pro rata | 12616 |
| share of the net income, including net loss, from the investment | 12617 |
| of money from the program fund, but is not entitled to the | 12618 |
| security against losses provided under section 150.04 of the | 12619 |
| Revised Code. | 12620 |
| Sec. 150.051. (A) As used in this section: | 12621 |
| (1) "Minority business enterprise" has the meaning defined in | 12622 |
| section 122.71 of the Revised Code. | 12623 |
| (2) "Women's business enterprise" means a business, or a | 12624 |
| partnership, corporation, limited liability company, or joint | 12625 |
| venture of any kind, that is owned and controlled by women who are | 12626 |
| United States citizens and residents of this state. | 12627 |
| (B) The Ohio venture capital authority shall submit annually | 12628 |
| to the governor and to the general assembly (under section 101.68 | 12629 |
| of the Revised Code) a report containing the following | 12630 |
| information: | 12631 |
| (1) The name of each program administrator that is a minority | 12632 |
| business enterprise or a women's business enterprise with which | 12633 |
| the authority contracts; | 12634 |
| (2) The amount of assets managed by program administrators | 12635 |
| that are minority business enterprises or women's business | 12636 |
| enterprises, expressed as a percentage of assets managed by | 12637 |
| program administrators with which the authority has contracted. | 12638 |
| (3) Efforts by the authority to increase utilization of | 12639 |
| program administrators that are minority business enterprises or | 12640 |
| women's business enterprises. | 12641 |
| Sec. 150.07. (A) For the purpose stated in section 150.01 of | 12642 |
| the Revised Code, the authority may authorize a lender to claim | 12643 |
| one of the refundable tax credits allowed under section 5707.031, | 12644 |
| 5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised | 12645 |
| Code. The credits shall be authorized by a written contract with | 12646 |
| the lender. The contract shall specify the terms under which the | 12647 |
| lender may claim the credit, including the amount of loss, if any, | 12648 |
| the lender must incur before the lender may claim the credit; | 12649 |
| specify that the credit shall not exceed the amount of the loss; | 12650 |
| and specify that the lender may claim the credit only for a loss | 12651 |
| certified by a program administrator to the authority under the | 12652 |
| procedures prescribed under division (B)(6) of section 150.05 of | 12653 |
| the Revised Code. | 12654 |
| (B) Tax credits may be authorized at any time after the | 12655 |
| authority establishes the investment policy under section 150.03 | 12656 |
| of the Revised Code, but a tax credit so authorized may not be | 12657 |
| claimed until the beginning of the fifth year after the authority | 12658 |
| establishes the investment policy. A tax credit may not be claimed | 12659 |
|
after June 30, | 12660 |
| (C)(1) Upon receiving certification of a lender's loss from a | 12661 |
| program administrator pursuant to the procedures in the investment | 12662 |
| policy, the authority shall issue a tax credit certificate to the | 12663 |
| lender, except as otherwise provided in division (D) of this | 12664 |
| section. | 12665 |
| (2) If the lender is a pass-through entity, as defined in | 12666 |
| section 5733.04 of the Revised Code, then each equity investor in | 12667 |
| the lender pass-through entity shall be entitled to claim one of | 12668 |
| the tax credits allowed under division (A) of this section for | 12669 |
| that equity investor's taxable year in which or with which ends | 12670 |
| the taxable year of the lender pass-through entity in an amount | 12671 |
| based on the equity investor's distributive or proportionate share | 12672 |
| of the credit amount set forth in the certificate issued by the | 12673 |
| authority. If all equity investors of the lender pass-through | 12674 |
| entity are not eligible to claim a credit against the same tax set | 12675 |
| forth in division (A) of this section, then each equity investor | 12676 |
| may elect to claim a credit against the tax to which the equity | 12677 |
| investor is subject to in an amount based on the equity investor's | 12678 |
| distributive or proportionate share of the credit amount set forth | 12679 |
| in the certificate issued by the authority. | 12680 |
| (3) The certificate shall state the amount of the credit and | 12681 |
| the calendar year under section 5707.031, 5725.19, 5727.241, or | 12682 |
| 5729.08, the tax year under section 5733.49, or the taxable year | 12683 |
| under section 5747.80 of the Revised Code for which the credit may | 12684 |
| be claimed. The authority, in conjunction with the tax | 12685 |
| commissioner, shall develop a system for issuing tax credit | 12686 |
| certificates for the purpose of verifying that any credit claimed | 12687 |
| is a credit issued under this section and is properly taken in the | 12688 |
| year specified in the certificate and in compliance with division | 12689 |
| (B) of this section. | 12690 |
| (D) The authority shall not, in any fiscal year, issue tax | 12691 |
| credit certificates in a total amount exceeding twenty million | 12692 |
| dollars. | 12693 |
| (E) Notwithstanding anything in this section or in any other | 12694 |
| section of this chapter or in Chapter 5707., 5725., 5727., 5729., | 12695 |
| 5733., or 5747. of the Revised Code, an issuer or a trustee on | 12696 |
| behalf of an issuer shall have, subject to the terms of the | 12697 |
| agreement entered into by the issuer and the authority under | 12698 |
| division (E) of section 150.02 of the Revised Code, the right to | 12699 |
| receive and claim the credits authorized under this section and | 12700 |
| solely for those purposes shall be deemed a taxpayer under | 12701 |
| applicable provisions of each such chapter, entitled to file a tax | 12702 |
| return, an amended tax return, or an estimated tax return at such | 12703 |
| times as are permitted or required under the applicable chapter, | 12704 |
| but solely for the purpose of claiming credits issued to the | 12705 |
| issuer or the trustee. Nothing in this section shall require an | 12706 |
| issuer or a trustee to file a tax return under any chapter for any | 12707 |
| purpose other than claiming such credits if the issuer or trustee | 12708 |
| is not otherwise required to make such a filing. | 12709 |
| Sec. 152.09. (A) As used in sections 152.06 and 152.09 to | 12710 |
| 152.33 of the Revised Code: | 12711 |
| (1) "Obligations" means bonds, notes, or other evidences of | 12712 |
| obligation, including interest coupons pertaining thereto, issued | 12713 |
| pursuant to sections 152.09 to 152.33 of the Revised Code. | 12714 |
| (2) "State agencies" means the state of Ohio and branches, | 12715 |
| officers, boards, commissions, authorities, departments, | 12716 |
| divisions, courts, general assembly, or other units or agencies of | 12717 |
| the state. "State agency" also includes counties, municipal | 12718 |
| corporations, and governmental entities of this state that enter | 12719 |
| into leases with the Ohio building authority pursuant to section | 12720 |
| 152.31 of the Revised Code or that are designated by law as state | 12721 |
| agencies for the purpose of performing a state function that is to | 12722 |
| be housed by a capital facility for which the Ohio building | 12723 |
| authority is authorized to issue revenue obligations pursuant to | 12724 |
| sections 152.09 to 152.33 of the Revised Code. | 12725 |
| (3) "Bond service charges" means principal, including | 12726 |
| mandatory sinking fund requirements for retirement of obligations, | 12727 |
| and interest, and redemption premium, if any, required to be paid | 12728 |
| by the Ohio building authority on obligations. | 12729 |
| (4) "Capital facilities" means buildings, structures, and | 12730 |
| other improvements, and equipment, real estate, and interests in | 12731 |
| real estate therefor, within the state, and any one, part of, or | 12732 |
| combination of the foregoing, for housing of branches and agencies | 12733 |
| of state government, including capital facilities for the purpose | 12734 |
| of housing personnel, equipment, or functions, or any combination | 12735 |
| thereof that the state agencies are responsible for housing, for | 12736 |
| which the Ohio building authority is authorized to issue | 12737 |
| obligations pursuant to Chapter 152. of the Revised Code, and | 12738 |
| includes storage and parking facilities related to such capital | 12739 |
| facilities. For purposes of sections 152.10 to 152.15 of the | 12740 |
| Revised Code, "capital facilities" includes community or technical | 12741 |
| college capital facilities. | 12742 |
| (5) "Cost of capital facilities" means the costs of | 12743 |
| assessing, planning, acquiring, constructing, reconstructing, | 12744 |
| rehabilitating, remodeling, renovating, enlarging, improving, | 12745 |
| altering, maintaining, equipping, furnishing, repairing, painting, | 12746 |
| decorating, managing, or operating capital facilities, and the | 12747 |
| financing thereof, including the cost of clearance and preparation | 12748 |
| of the site and of any land to be used in connection with capital | 12749 |
| facilities, the cost of participating in capital facilities | 12750 |
| pursuant to section 152.33 of the Revised Code, the cost of any | 12751 |
| indemnity and surety bonds and premiums on insurance, all related | 12752 |
| direct administrative expenses and allocable portions of direct | 12753 |
| costs of the authority and lessee state agencies, cost of | 12754 |
| engineering and architectural services, designs, plans, | 12755 |
| specifications, surveys, and estimates of cost, legal fees, fees | 12756 |
| and expenses of trustees, depositories, and paying agents for the | 12757 |
| obligations, cost of issuance of the obligations and financing | 12758 |
| charges and fees and expenses of financial advisers and | 12759 |
| consultants in connection therewith, interest on obligations from | 12760 |
| the date thereof to the time when interest is to be covered from | 12761 |
| sources other than proceeds of obligations, amounts that represent | 12762 |
| the portion of investment earnings to be rebated or to be paid to | 12763 |
| the federal government in order to maintain the exclusion from | 12764 |
| gross income for federal income tax purposes of interest on those | 12765 |
| obligations pursuant to section 148(f) of the Internal Revenue | 12766 |
| Code, amounts necessary to establish reserves as required by the | 12767 |
| resolutions or the obligations, trust agreements, or indentures, | 12768 |
| costs of audits, the reimbursement of all moneys advanced or | 12769 |
| applied by or borrowed from any governmental entity, whether to or | 12770 |
| by the authority or others, from whatever source provided, for the | 12771 |
| payment of any item or items of cost of the capital facilities, | 12772 |
| any share of the cost undertaken by the authority pursuant to | 12773 |
| arrangements made with governmental entities under division (J) of | 12774 |
| section 152.21 of the Revised Code, and all other expenses | 12775 |
| necessary or incident to assessing, planning, or determining the | 12776 |
| feasibility or practicability with respect to capital facilities, | 12777 |
| and such other expenses as may be necessary or incident to the | 12778 |
| assessment, planning, acquisition, construction, reconstruction, | 12779 |
| rehabilitation, remodeling, renovation, enlargement, improvement, | 12780 |
| alteration, maintenance, equipment, furnishing, repair, painting, | 12781 |
| decoration, management, or operation of capital facilities, the | 12782 |
| financing thereof and the placing of the same in use and | 12783 |
| operation, including any one, part of, or combination of such | 12784 |
| classes of costs and expenses. | 12785 |
| (6) "Governmental entity" means any state agency, municipal | 12786 |
| corporation, county, township, school district, and any other | 12787 |
| political subdivision or special district in this state | 12788 |
| established pursuant to law, and, except where otherwise | 12789 |
| indicated, also means the United States or any of the states or | 12790 |
| any department, division, or agency thereof, and any agency, | 12791 |
| commission, or authority established pursuant to an interstate | 12792 |
| compact or agreement. | 12793 |
| (7) "Governing body" means: | 12794 |
| (a) In the case of a county, the board of county | 12795 |
| commissioners or other legislative authority; in the case of a | 12796 |
| municipal corporation, the legislative authority; in the case of a | 12797 |
| township, the board of township trustees; in the case of a school | 12798 |
| district, the board of education; | 12799 |
| (b) In the case of any other governmental entity, the | 12800 |
| officer, board, commission, authority, or other body having the | 12801 |
| general management of the entity or having jurisdiction or | 12802 |
| authority in the particular circumstances. | 12803 |
| (8) "Available receipts" means fees, charges, revenues, | 12804 |
| grants, subsidies, income from the investment of moneys, proceeds | 12805 |
| from the sale of goods or services, and all other revenues or | 12806 |
| receipts received by or on behalf of any state agency for which | 12807 |
| capital facilities are financed with obligations issued under | 12808 |
| Chapter 152. of the Revised Code, any state agency participating | 12809 |
| in capital facilities pursuant to section 152.33 of the Revised | 12810 |
| Code, or any state agency by which the capital facilities are | 12811 |
| constructed or financed; revenues or receipts derived by the | 12812 |
| authority from the operation, leasing, or other disposition of | 12813 |
| capital facilities, and the proceeds of obligations issued under | 12814 |
| Chapter 152. of the Revised Code; and also any moneys appropriated | 12815 |
| by a governmental entity, gifts, grants, donations, and pledges, | 12816 |
| and receipts therefrom, available for the payment of bond service | 12817 |
| charges on such obligations. | 12818 |
| (9) "Available community or technical college receipts" means | 12819 |
| all money received by a community or technical college or | 12820 |
| community or technical college district, including income, | 12821 |
| revenues, and receipts from the operation, ownership, or control | 12822 |
| of facilities, grants, gifts, donations, and pledges and receipts | 12823 |
| therefrom, receipts from fees and charges, the allocated state | 12824 |
| share of instruction as defined in section 3333.90 of the Revised | 12825 |
| Code, and the proceeds of the sale of obligations, including | 12826 |
| proceeds of obligations issued to refund obligations previously | 12827 |
| issued, but excluding any special fee, and receipts therefrom, | 12828 |
| charged pursuant to division (D) of section 154.21 of the Revised | 12829 |
| Code. | 12830 |
| (10) "Community or technical college," "college," "community | 12831 |
| or technical college district," and "district" have the same | 12832 |
| meanings as in section 3333.90 of the Revised Code. | 12833 |
| (11) "Community or technical college capital facilities" | 12834 |
| means auxiliary facilities, education facilities, and housing and | 12835 |
| dining facilities, as those terms are defined in section 3345.12 | 12836 |
| of the Revised Code, to the extent permitted to be financed by the | 12837 |
| issuance of obligations under division (A)(2) of section 3357.112 | 12838 |
| of the Revised Code, that are authorized by sections 3354.121, | 12839 |
| 3357.112, and 3358.10 of the Revised Code to be financed by | 12840 |
| obligations issued by a community or technical college district, | 12841 |
| and for which the Ohio building authority is authorized to issue | 12842 |
| obligations pursuant to Chapter 152. of the Revised Code, and | 12843 |
| includes any one, part of, or any combination of the foregoing, | 12844 |
| and further includes site improvements, utilities, machinery, | 12845 |
| furnishings, and any separate or connected buildings, structures, | 12846 |
| improvements, sites, open space and green space areas, utilities, | 12847 |
| or equipment to be used in, or in connection with the operation or | 12848 |
| maintenance of, or supplementing or otherwise related to the | 12849 |
| services or facilities to be provided by, such facilities. | 12850 |
| (12) "Cost of community or technical college capital | 12851 |
| facilities" means the costs of acquiring, constructing, | 12852 |
| reconstructing, rehabilitating, remodeling, renovating, enlarging, | 12853 |
| improving, equipping, or furnishing community or technical college | 12854 |
| capital facilities, and the financing thereof, including the cost | 12855 |
| of clearance and preparation of the site and of any land to be | 12856 |
| used in connection with community or technical college capital | 12857 |
| facilities, the cost of any indemnity and surety bonds and | 12858 |
| premiums on insurance, all related direct administrative expenses | 12859 |
| and allocable portions of direct costs of the authority, community | 12860 |
| or technical college or community or technical college district, | 12861 |
| cost of engineering, architectural services, design, plans, | 12862 |
| specifications and surveys, estimates of cost, legal fees, fees | 12863 |
| and expenses of trustees, depositories, bond registrars, and | 12864 |
| paying agents for the obligations, cost of issuance of the | 12865 |
| obligations and financing costs and fees and expenses of financial | 12866 |
| advisers and consultants in connection therewith, interest on the | 12867 |
| obligations from the date thereof to the time when interest is to | 12868 |
| be covered by available receipts or other sources other than | 12869 |
| proceeds of the obligations, amounts that represent the portion of | 12870 |
| investment earnings to be rebated or to be paid to the federal | 12871 |
| government in order to maintain the exclusion from gross income | 12872 |
| for federal income tax purposes of interest on those obligations | 12873 |
| pursuant to section 148(f) of the Internal Revenue Code, amounts | 12874 |
| necessary to establish reserves as required by the bond | 12875 |
| proceedings, costs of audits, the reimbursements of all moneys | 12876 |
| advanced or applied by or borrowed from the community or technical | 12877 |
| college, community or technical college district, or others, from | 12878 |
| whatever source provided, including any temporary advances from | 12879 |
| state appropriations, for the payment of any item or items of cost | 12880 |
| of community or technical college facilities, and all other | 12881 |
| expenses necessary or incident to planning or determining | 12882 |
| feasibility or practicability with respect to such facilities, and | 12883 |
| such other expenses as may be necessary or incident to the | 12884 |
| acquisition, construction, reconstruction, rehabilitation, | 12885 |
| remodeling, renovation, enlargement, improvement, equipment, and | 12886 |
| furnishing of community or technical college capital facilities, | 12887 |
| the financing thereof and the placing of them in use and | 12888 |
| operation, including any one, part of, or combination of such | 12889 |
| classes of costs and expenses. | 12890 |
| (B) Pursuant to the powers granted to the general assembly | 12891 |
| under Section 2i of Article VIII, Ohio Constitution, to authorize | 12892 |
| the issuance of revenue obligations and other obligations, the | 12893 |
| owners or holders of which are not given the right to have excises | 12894 |
| or taxes levied by the general assembly for the payment of | 12895 |
| principal thereof or interest thereon, the Ohio building authority | 12896 |
| may issue obligations, in accordance with Chapter 152. of the | 12897 |
| Revised Code, and shall cause the net proceeds thereof, after any | 12898 |
| deposits of accrued interest for the payment of bond service | 12899 |
| charges and after any deposit of all or such lesser portion as the | 12900 |
| authority may direct of the premium received upon the sale of | 12901 |
| those obligations for the payment of the bond service charges, to | 12902 |
| be applied to the costs of capital facilities designated by or | 12903 |
| pursuant to act of the general assembly for housing state agencies | 12904 |
| as authorized by Chapter 152. of the Revised Code. The authority | 12905 |
| shall provide by resolution for the issuance of such obligations. | 12906 |
| The bond service charges and all other payments required to be | 12907 |
| made by the trust agreement or indenture securing such obligations | 12908 |
| shall be payable solely from available receipts of the authority | 12909 |
| pledged thereto as provided in such resolution. The available | 12910 |
| receipts pledged and thereafter received by the authority are | 12911 |
| immediately subject to the lien of such pledge without any | 12912 |
| physical delivery thereof or further act, and the lien of any such | 12913 |
| pledge is valid and binding against all parties having claims of | 12914 |
| any kind against the authority, irrespective of whether those | 12915 |
| parties have notice thereof, and creates a perfected security | 12916 |
| interest for all purposes of Chapter 1309. of the Revised Code and | 12917 |
| a perfected lien for purposes of any real property interest, all | 12918 |
| without the necessity for separation or delivery of funds or for | 12919 |
| the filing or recording of the resolution, trust agreement, | 12920 |
| indenture, or other agreement by which such pledge is created or | 12921 |
| any certificate, statement, or other document with respect | 12922 |
| thereto; and the pledge of such available receipts is effective | 12923 |
| and the money therefrom and thereof may be applied to the purposes | 12924 |
| for which pledged. Every pledge, and every covenant and agreement | 12925 |
| made with respect to the pledge, made in the resolution may | 12926 |
| therein be extended to the benefit of the owners and holders of | 12927 |
| obligations authorized by Chapter 152. of the Revised Code, the | 12928 |
| net proceeds of which are to be applied to the costs of capital | 12929 |
| facilities, and to any trustee therefor, for the further securing | 12930 |
| of the payment of the bond service charges, and all or any rights | 12931 |
| under any agreement or lease made under this section may be | 12932 |
| assigned for such purpose. Obligations may be issued at one time | 12933 |
| or from time to time, and each issue shall be dated, shall mature | 12934 |
| at such time or times as determined by the authority not exceeding | 12935 |
| forty years from the date of issue, and may be redeemable before | 12936 |
| maturity at the option of the authority at such price or prices | 12937 |
| and under such terms and conditions as are fixed by the authority | 12938 |
| prior to the issuance of the obligations. The authority shall | 12939 |
| determine the form of the obligations, fix their denominations, | 12940 |
| establish their interest rate or rates, which may be a variable | 12941 |
| rate or rates, or the maximum interest rate, and establish within | 12942 |
| or without this state a place or places of payment of bond service | 12943 |
| charges. | 12944 |
| (C) The obligations shall be signed by the authority | 12945 |
| chairperson, vice-chairperson, and secretary-treasurer, and the | 12946 |
| authority seal shall be affixed. The signatures may be facsimile | 12947 |
| signatures and the seal affixed may be a facsimile seal, as | 12948 |
| provided by resolution of the authority. Any coupons attached may | 12949 |
| bear the facsimile signature of the chairperson. In case any | 12950 |
| officer who has signed any obligations, or caused the officer's | 12951 |
| facsimile signature to be affixed thereto, ceases to be such | 12952 |
| officer before such obligations have been delivered, such | 12953 |
| obligations may, nevertheless, be issued and delivered as though | 12954 |
| the person who had signed the obligations or caused the person's | 12955 |
| facsimile signature to be affixed thereto had not ceased to be | 12956 |
| such officer. | 12957 |
| Any obligations may be executed on behalf of the authority by | 12958 |
| an officer who, on the date of execution, is the proper officer | 12959 |
| although on the date of such obligations such person was not the | 12960 |
| proper officer. | 12961 |
| (D) All obligations issued by the authority shall have all | 12962 |
| the qualities and incidents of negotiable instruments and may be | 12963 |
| issued in coupon or in registered form, or both, as the authority | 12964 |
| determines. Provision may be made for the registration of any | 12965 |
| obligations with coupons attached thereto as to principal alone or | 12966 |
| as to both principal and interest, their exchange for obligations | 12967 |
| so registered, and for the conversion or reconversion into | 12968 |
| obligations with coupons attached thereto of any obligations | 12969 |
| registered as to both principal and interest, and for reasonable | 12970 |
| charges for such registration, exchange, conversion, and | 12971 |
| reconversion. The authority may sell its obligations in any manner | 12972 |
| and for such prices as it determines, except that the authority | 12973 |
| shall sell obligations sold at public or private sale in | 12974 |
| accordance with section 152.091 of the Revised Code. | 12975 |
| (E) The obligations of the authority, principal, interest, | 12976 |
| and any proceeds from their sale or transfer, are exempt from all | 12977 |
| taxation within this state. | 12978 |
| (F) The authority is authorized to issue revenue obligations | 12979 |
| and other obligations under Section 2i of Article VIII, Ohio | 12980 |
| Constitution, for the purpose of paying the cost of capital | 12981 |
| facilities for housing of branches and agencies of state | 12982 |
| government, including capital facilities for the purpose of | 12983 |
| housing personnel, equipment, or functions, or any combination | 12984 |
| thereof that the state agencies are responsible for housing, as | 12985 |
| are authorized by Chapter 152. of the Revised Code, and that are | 12986 |
| authorized by the general assembly by the appropriation of lease | 12987 |
| payments or other moneys for such capital facilities or by any | 12988 |
| other act of the general assembly, but not including the | 12989 |
| appropriation of moneys for feasibility studies for such capital | 12990 |
| facilities. This division does not authorize the authority to | 12991 |
| issue obligations pursuant to Section 2i of Article VIII, Ohio | 12992 |
| Constitution, to pay the cost of capital facilities for mental | 12993 |
| hygiene and retardation, parks and recreation, or state-supported | 12994 |
| or state-assisted institutions of higher education. | 12995 |
| (G) The authority is authorized to issue revenue obligations | 12996 |
| under Section 2i of Article VIII, Ohio Constitution, on behalf of | 12997 |
| a community or technical college district and shall cause the net | 12998 |
| proceeds thereof, after any deposits of accrued interest for the | 12999 |
| payment of bond service charges and after any deposit of all or | 13000 |
| such lesser portion as the authority may direct of the premium | 13001 |
| received upon the sale of those obligations for the payment of the | 13002 |
| bond service charges, to be applied to the cost of community or | 13003 |
| technical college capital facilities, provided that the issuance | 13004 |
| of such obligations is subject to the execution of a written | 13005 |
| agreement in accordance with division (C) of section 3333.90 of | 13006 |
| the Revised Code for the withholding and depositing of funds | 13007 |
| otherwise due the district, or the college it operates, in respect | 13008 |
| of its allocated state share of instruction. | 13009 |
| The authority shall provide by resolution for the issuance of | 13010 |
| such obligations. The bond service charges and all other payments | 13011 |
| required to be made by the trust agreement or indenture securing | 13012 |
| the obligations shall be payable solely from available community | 13013 |
| or technical college receipts pledged thereto as provided in the | 13014 |
| resolution. The available community or technical college receipts | 13015 |
| pledged and thereafter received by the authority are immediately | 13016 |
| subject to the lien of such pledge without any physical delivery | 13017 |
| thereof or further act, and the lien of any such pledge is valid | 13018 |
| and binding against all parties having claims of any kind against | 13019 |
| the authority, irrespective of whether those parties have notice | 13020 |
| thereof, and creates a perfected security interest for all | 13021 |
| purposes of Chapter 1309. of the Revised Code and a perfected lien | 13022 |
| for purposes of any real property interest, all without the | 13023 |
| necessity for separation or delivery of funds or for the filing or | 13024 |
| recording of the resolution, trust agreement, indenture, or other | 13025 |
| agreement by which such pledge is created or any certificate, | 13026 |
| statement, or other document with respect thereto; and the pledge | 13027 |
| of such available community or technical college receipts is | 13028 |
| effective and the money therefrom and thereof may be applied to | 13029 |
| the purposes for which pledged. Every pledge, and every covenant | 13030 |
| and agreement made with respect to the pledge, made in the | 13031 |
| resolution may therein be extended to the benefit of the owners | 13032 |
| and holders of obligations authorized by this division, and to any | 13033 |
| trustee therefor, for the further securing of the payment of the | 13034 |
| bond service charges, and all or any rights under any agreement or | 13035 |
| lease made under this section may be assigned for such purpose. | 13036 |
| Obligations may be issued at one time or from time to time, and | 13037 |
| each issue shall be dated, shall mature at such time or times as | 13038 |
| determined by the authority not exceeding forty years from the | 13039 |
| date of issue, and may be redeemable before maturity at the option | 13040 |
| of the authority at such price or prices and under such terms and | 13041 |
| conditions as are fixed by the authority prior to the issuance of | 13042 |
| the obligations. The authority shall determine the form of the | 13043 |
| obligations, fix their denominations, establish their interest | 13044 |
| rate or rates, which may be a variable rate or rates, or the | 13045 |
| maximum interest rate, and establish within or without this state | 13046 |
| a place or places of payment of bond service charges. | 13047 |
| Sec. 152.10. The resolution of the Ohio building authority | 13048 |
| authorizing the issuance of authority obligations may contain | 13049 |
| provisions which shall be part of the contract with the holders of | 13050 |
| the obligations as to: | 13051 |
| (A) Pledging all or such portion as it determines of the | 13052 |
| available receipts of the authority for the payment of bond | 13053 |
| service charges and all other payments required to be made by the | 13054 |
| trust agreement or indenture securing such obligations, or | 13055 |
| restricting the security for a particular issue of obligations to | 13056 |
| specific revenues or receipts of the authority; | 13057 |
| (B) The acquisition, construction, reconstruction, equipment, | 13058 |
| furnishing, improvement, operation, alteration, enlargement, | 13059 |
| maintenance, insurance, and repair of capital facilities and sites | 13060 |
| therefor, and the duties of the authority with reference thereto; | 13061 |
| (C) Other terms of the obligations; | 13062 |
| (D) Limitations on the purposes to which the proceeds of the | 13063 |
| obligations may be applied; | 13064 |
| (E) The rate of rentals or other charges for the use of | 13065 |
| capital facilities, the revenues from which are pledged to the | 13066 |
| obligations authorized by such resolution, including limitations | 13067 |
| upon the power of the authority to modify such rentals or other | 13068 |
| charges; | 13069 |
| (F) The use of and the expenditures of the revenues of the | 13070 |
| authority in such manner and to such extent as shall be | 13071 |
| determined, which may include provision for the payment of the | 13072 |
| expenses of the operation, maintenance, and repair of capital | 13073 |
| facilities, and the operation and administration of the authority | 13074 |
| so that such expenses shall be paid or provided as a charge prior | 13075 |
| to the payment of bond service charges and all other payments | 13076 |
| required to be made by the trust agreement or indenture securing | 13077 |
| such obligations; | 13078 |
| (G) Limitations on the issuance of additional obligations; | 13079 |
| (H) The terms of any trust agreement or indenture securing | 13080 |
| the obligations or under which the same may be issued; | 13081 |
| (I) Any other or additional agreements with the holders of | 13082 |
| the obligations, or the trustee therefor with respect to the | 13083 |
| operation of the authority and with respect to its property, | 13084 |
| funds, and revenues, and insurance thereof, and of the authority, | 13085 |
| its members, officers, and employees; | 13086 |
| (J) The deposit and application of funds and the safeguarding | 13087 |
| of funds on hand or on deposit without regard to Chapter 131. of | 13088 |
| the Revised Code, including any deposits of accrued interest for | 13089 |
| the payment of bond service charges and any deposits of premium | 13090 |
| for the payment of bond service charges or for the application to | 13091 |
| the payment of costs of capital facilities; | 13092 |
| (K) Municipal bond insurance, letters of credit, and other | 13093 |
| related agreements, the cost of which may be included in the costs | 13094 |
| of issuance of the obligations, and the pledge, holding, and | 13095 |
| disposition of the proceeds thereof; | 13096 |
| (L) A covenant that the state and any using state agency or | 13097 |
| any using community or technical college or community or technical | 13098 |
| college district shall, so long as such obligations are | 13099 |
| outstanding, cause to be charged and collected such revenues and | 13100 |
| receipts of, or from, any such using state agency or any such | 13101 |
| using community or technical college or community or technical | 13102 |
| college district constituting available receipts under the | 13103 |
| resolution sufficient in amount to provide for the payment of bond | 13104 |
| service charges on such obligations and for the establishment and | 13105 |
| maintenance of any reserves, as provided in the resolution for | 13106 |
| such obligations, which covenant shall be controlling | 13107 |
| notwithstanding any other provision of law pertaining to such | 13108 |
| revenues and receipts; provided that no covenant shall require the | 13109 |
| general assembly to appropriate money derived from the levying of | 13110 |
| excises or taxes for the payment of rent or bond service charges. | 13111 |
| Sec. 152.12. (A) As used in this section, "prior community or | 13112 |
| technical college obligations" means bonds or notes previously | 13113 |
| issued by a community or technical college district under section | 13114 |
| 3354.121, 3357.112, or 3358.10 of the Revised Code to pay costs of | 13115 |
| community or technical college capital facilities. | 13116 |
| (B) The Ohio building authority may authorize and issue | 13117 |
| obligations for the refunding of prior obligations or prior | 13118 |
| community or technical college obligations for any of the | 13119 |
| following purposes: | 13120 |
| | 13121 |
| authority or any prior community or technical college obligations, | 13122 |
| when the revenues pledged for the payment of such obligations are | 13123 |
| insufficient to pay obligations or prior community or technical | 13124 |
| college obligations which have matured or are about to mature or | 13125 |
| to maintain reserve or other funds required by the resolution or | 13126 |
| trust agreement or indenture; | 13127 |
| | 13128 |
| authority or any prior community or technical college obligations | 13129 |
| as an incident to providing funds for reconstructing, equipping, | 13130 |
| furnishing, improving, extending, or enlarging any capital | 13131 |
| facilities of the authority or any community or technical college | 13132 |
| district or community or technical college; | 13133 |
| | 13134 |
| community or technical college obligations of any issue, both | 13135 |
| matured and unmatured, when the revenues pledged for the payment | 13136 |
| of such obligations or prior community or technical college | 13137 |
| obligations are insufficient to pay obligations which have matured | 13138 |
| or are about to mature or to maintain reserve or other funds | 13139 |
| required by the resolution or trust agreement or indenture, if | 13140 |
| such outstanding obligations or prior community or technical | 13141 |
| college obligations can be retired by call or at maturity or with | 13142 |
| the consent of the holders, whether from the proceeds of the sale | 13143 |
| of the refunding obligations or by exchange for the refunding | 13144 |
| obligations, provided the principal amount of the refunding | 13145 |
| obligations shall not exceed in amount the aggregate of the par | 13146 |
| value of the obligations or prior community or technical college | 13147 |
| obligations to be retired, any redemption premium, past due and | 13148 |
| future interest to the date of maturity or call that cannot | 13149 |
| otherwise be paid, and funds to reconstruct, equip, furnish, | 13150 |
| improve, enlarge, or extend any capital facilities of the | 13151 |
| authority or any community or technical college district or | 13152 |
| community or technical college; | 13153 |
| | 13154 |
| authority or any prior community or technical college obligations | 13155 |
| when the refunding obligations will bear interest at a lower rate | 13156 |
| than the obligations or prior community or technical college | 13157 |
| obligations to be refunded, or when the interest cost of the | 13158 |
| refunding obligations computed to the absolute maturity will be | 13159 |
| less than the interest cost of the obligations or prior community | 13160 |
| or technical college obligations to be refunded; | 13161 |
| | 13162 |
| 152.23 of the Revised Code. | 13163 |
| (C) Obligations issued pursuant to division | 13164 |
| section shall mature not later than twenty years after their | 13165 |
| issuance and obligations issued pursuant to division (B)(2), | 13166 |
| 13167 | |
| than forty years after their issuance. Except as provided in this | 13168 |
| section, the terms of issuance and sale of obligations issued | 13169 |
|
under this section shall
be as provided in | 13170 |
| 13171 | |
| benefit of state agencies, community or technical colleges, or | 13172 |
| community or technical college districts, as the context requires. | 13173 |
| Obligations authorized under this section shall be deemed to be | 13174 |
| issued for those purposes for which such prior obligations or | 13175 |
| prior community or technical college obligations were issued, and | 13176 |
| may be issued in amounts sufficient for funding and retirement of | 13177 |
| prior obligations or prior community or technical college | 13178 |
| obligations, for establishment of reserves as required by the | 13179 |
| refunding obligations or the resolution authorizing such refunding | 13180 |
| obligations or the trust agreement or indenture securing the | 13181 |
| refunding obligations, and for payment of any fees and expenses | 13182 |
| incurred or to be incurred in connection with such issuance and | 13183 |
| such refunding. | 13184 |
| Sec. 152.15. Obligations issued by the Ohio building | 13185 |
| authority do not, and they shall state that they do not, represent | 13186 |
| or constitute a debt of the state or any political subdivision, | 13187 |
| nor a pledge of the faith and credit of the state or any political | 13188 |
| subdivision. Pursuant to Section 2i of Article VIII, Ohio | 13189 |
| Constitution, such obligations shall not be deemed to be debts or | 13190 |
| bonded indebtedness of the state under other provisions of the | 13191 |
| Ohio Constitution. | 13192 |
| The holders or owners of obligations issued by the authority | 13193 |
| shall have no right to have excises or taxes levied by the general | 13194 |
| assembly for the payment of the bond service charges thereon. The | 13195 |
| right of such holders and owners to payment of such bond service | 13196 |
| charges shall be limited to the available receipts or available | 13197 |
| community or technical college receipts pledged thereto in | 13198 |
|
accordance with | 13199 |
| each such obligation shall bear on its face a statement to that | 13200 |
| effect. Any available receipts or available community or technical | 13201 |
| college receipts may be so pledged only to obligations issued for | 13202 |
| capital facilities which are in whole or in part useful to, | 13203 |
| constructed by, or financed by the department, board, commission, | 13204 |
| authority, community or technical college, community or technical | 13205 |
| college district, or other agency or instrumentality that receives | 13206 |
| the available receipts or available community or technical college | 13207 |
| receipts so pledged. | 13208 |
| Sec. 152.33. (A) The Ohio building authority is authorized | 13209 |
| under Chapter 152. of the Revised Code to issue revenue | 13210 |
| obligations and other obligations to pay the cost of capital | 13211 |
|
facilities described in | 13212 |
| Revised Code and the cost of capital facilities in which one or | 13213 |
| more state agencies are participating with the federal government, | 13214 |
| municipal corporations, counties, or other governmental entities | 13215 |
| or any one or more of them, and in which that portion of the | 13216 |
| facility allocated to the participating state agencies is to be | 13217 |
| used for the purpose stated in division (F) of section 152.09 of | 13218 |
| the Revised Code, when authorized by the general assembly in | 13219 |
| accordance with that division. Such participation may be by | 13220 |
| grants, loans, or contributions to other participating | 13221 |
| governmental entities for any of such capital facilities. Such | 13222 |
| obligations shall be deemed to be issued under sections 152.09 and | 13223 |
| 152.23 of the Revised Code and shall conform to all requirements | 13224 |
| of sections 152.09 to 152.17 and 152.23 of the Revised Code. The | 13225 |
| right of holders and owners of obligations issued under this | 13226 |
| section to payment of bond service charges shall be limited to the | 13227 |
| revenues and receipts of the authority derived from rentals or | 13228 |
| other charges for use of the capital facilities constructed with | 13229 |
| the proceeds of the obligations to which such revenues and | 13230 |
| receipts are pledged, including revenues and receipts from or on | 13231 |
| behalf of any participating governmental entity. | 13232 |
| (B) Any lease of space by a state agency in a capital | 13233 |
| facility described in division (A) of this section shall conform | 13234 |
| to the requirements of division (D) of section 152.24 of the | 13235 |
| Revised Code. | 13236 |
| Sec. 153.013. With respect to any contract entered into | 13237 |
| under this chapter, which is made by the state or in whole or in | 13238 |
| part supported by state funds, a contractor shall comply with any | 13239 |
| regulation or ordinance that relates to the health, safety, | 13240 |
| status, and welfare of employees and that is enacted by the | 13241 |
| political subdivision in which the contract is to be performed. | 13242 |
| Sec. 156.01. As used in | 13243 |
| 156.05 of the Revised Code: | 13244 |
| (A) "Avoided capital costs" means a measured reduction in the | 13245 |
| cost of future equipment or other capital purchases that results | 13246 |
| from implementation of one or more energy or water conservation | 13247 |
| measures, when compared to an established baseline for previous | 13248 |
| such cost. | 13249 |
| (B) "Energy conservation measure" means an installation or | 13250 |
| modification of an installation in, or a remodeling of, an | 13251 |
| existing building in order to reduce energy consumption and | 13252 |
| operating costs. The term includes any of the following: | 13253 |
| (1) Installation or modification of insulation in the | 13254 |
| building structure and systems within the building; | 13255 |
| (2) Installation or modification of storm windows and doors, | 13256 |
| multiglazed windows and doors, and heat absorbing or heat | 13257 |
| reflective glazed and coated window and door systems; installation | 13258 |
| of additional glazing; reductions in glass area; and other window | 13259 |
| and door system modifications that reduce energy consumption and | 13260 |
| operating costs; | 13261 |
| (3) Installation or modification of automatic energy control | 13262 |
| systems; | 13263 |
| (4) Replacement or modification of heating, ventilating, or | 13264 |
| air conditioning systems; | 13265 |
| (5) Application of caulking and weather stripping; | 13266 |
| (6) Replacement or modification of lighting fixtures to | 13267 |
| increase the energy efficiency of the lighting system without | 13268 |
| increasing the overall illumination of a building unless the | 13269 |
| increase in illumination is necessary to conform to the applicable | 13270 |
| state or local building code for the proposed lighting system; | 13271 |
| (7) Installation or modification of energy recovery systems; | 13272 |
| (8) Installation or modification of cogeneration systems that | 13273 |
| produce steam or forms of energy such as heat, as well as | 13274 |
| electricity, for use primarily within a building or complex of | 13275 |
| buildings; | 13276 |
| (9) Any other modification, installation, or remodeling | 13277 |
| approved by the director of administrative services as an energy | 13278 |
| conservation measure for one or more buildings owned by the state. | 13279 |
| | 13280 |
| installation, by purchase, lease, lease-purchase, lease with an | 13281 |
| option to buy, or installment purchase, of an energy conservation | 13282 |
| measure and any attendant architectural and engineering consulting | 13283 |
| services. | 13284 |
| (D) "Energy, water, or wastewater cost savings" means a | 13285 |
| measured reduction in, as applicable, the cost of fuel, energy or | 13286 |
| water consumption, wastewater production, or stipulated operation | 13287 |
| or maintenance resulting from the implementation of one or more | 13288 |
| energy or water conservation measures, when compared to an | 13289 |
| established baseline for previous such costs, respectively. | 13290 |
| (E) "Operating cost savings" means a measured reduction in | 13291 |
| the cost of stipulated operation or maintenance created by the | 13292 |
| installation of new equipment or implementation of a new service, | 13293 |
| when compared with an established baseline for previous such | 13294 |
| stipulated costs. | 13295 |
| (F) "Water conservation measure" means an installation or | 13296 |
| modification of an installation in, or a remodeling of, an | 13297 |
| existing building or the surrounding grounds in order to reduce | 13298 |
| water consumption. The term includes any of the following: | 13299 |
| (1) Water-conserving fixture, appliance, or equipment, or the | 13300 |
| substitution of a nonwater-using fixture, appliance, or equipment; | 13301 |
| (2) Water-conserving, landscape irrigation equipment; | 13302 |
| (3) Landscaping measure that reduces storm water runoff | 13303 |
| demand and capture and hold applied water and rainfall, including | 13304 |
| landscape contouring such as the use of a berm, swale, or terrace | 13305 |
| and including the use of a soil amendment, including compost, that | 13306 |
| increases the water-holding capacity of the soil; | 13307 |
| (4) Rainwater harvesting equipment or equipment to make use | 13308 |
| of water collected as part of a storm water system installed for | 13309 |
| water quality control; | 13310 |
| (5) Equipment for recycling or reuse of water originating on | 13311 |
| the premises or from another source, including treated, municipal | 13312 |
| effluent; | 13313 |
| (6) Equipment needed to capture water for nonpotable uses | 13314 |
| from any nonconventional, alternate source, including air | 13315 |
| conditioning condensate or gray water; | 13316 |
| (7) Any other modification, installation, or remodeling | 13317 |
| approved by the board of trustees of a state institution of higher | 13318 |
| education as defined in section 3345.011 of the Revised Code as a | 13319 |
| water conservation measure for one or more buildings or the | 13320 |
| surrounding grounds owned by the institution. | 13321 |
| (G) "Water saving measure" means the acquisition and | 13322 |
| installation, by the purchase, lease, lease-purchase, lease with | 13323 |
| an option to buy, or installment purchases of a water conservation | 13324 |
| measure and any attendant architectural and engineering consulting | 13325 |
| services. | 13326 |
| Sec. 156.02. (A) The director of administrative services | 13327 |
| may contract with an energy services company, contractor, | 13328 |
| architect, professional engineer, or other person experienced in | 13329 |
| the design and implementation of energy conservation measures for | 13330 |
| a report containing an analysis and recommendations pertaining to | 13331 |
| the implementation of energy conservation measures that would | 13332 |
| significantly reduce energy consumption and operating costs in | 13333 |
|
any
buildings owned by the
state | 13334 |
| 13335 | |
| 13336 | |
| 13337 | |
| of such measures, including the costs of design, engineering, | 13338 |
| installation, maintenance, repairs, and debt service, and | 13339 |
| estimates of the amounts by which energy consumption and | 13340 |
| operating costs would be reduced. | 13341 |
| (B) Upon the request of the board of trustees or managing | 13342 |
| authority of a state institution of higher education as defined in | 13343 |
| section 3345.011 of the Revised Code, the director may contract | 13344 |
| with a water services company, architect, professional engineer, | 13345 |
| contractor, or other person experienced in the design and | 13346 |
| implementation of energy or water conservation measures for a | 13347 |
| report containing an analysis and recommendations pertaining to | 13348 |
| the implementation of energy or water conservation measures that | 13349 |
| result in energy, water, or wastewater cost savings, operating | 13350 |
| cost savings, or avoided capital costs for the institution. The | 13351 |
| report shall include estimates of all costs of such installations, | 13352 |
| including the costs of design, engineering, installation, | 13353 |
| maintenance, repairs, and debt service, and estimates of the | 13354 |
| energy, water, or wastewater cost savings, operating cost savings, | 13355 |
| and avoided capital costs created. | 13356 |
| Sec. 156.03. (A) If the director of administrative services | 13357 |
| wishes to enter into an installment payment contract pursuant to | 13358 |
| section 156.04 of the Revised Code or any other contract to | 13359 |
| implement one or more energy saving measures or, in the case of a | 13360 |
| state institution of higher education pursuant to division (B) of | 13361 |
| section 156.02 of the Revised Code, energy or water saving | 13362 |
|
measures, | 13363 |
|
Revised Code, or, alternatively,
| 13364 |
| controlling board to exempt the contract from Chapter 153. of the | 13365 |
| Revised Code. | 13366 |
| If the controlling board by a majority vote approves an | 13367 |
| exemption, that chapter shall not apply to the contract and | 13368 |
| instead the director shall request proposals from at least three | 13369 |
| parties for the implementation of the energy or water saving | 13370 |
| measures. Prior to providing any interested party a copy of any | 13371 |
| such request, the director shall advertise, in a newspaper of | 13372 |
| general circulation in the county where the contract is to be | 13373 |
|
performed, | 13374 |
| implementation of the energy or water saving measures. The notice | 13375 |
| shall invite interested parties to submit proposals for | 13376 |
| consideration and shall be published at least thirty days prior to | 13377 |
| the date for accepting proposals. | 13378 |
| (B) Upon receiving the proposals, the director shall analyze | 13379 |
| them and, after considering the cost estimates of each proposal | 13380 |
| and the availability of funds to pay for each with current | 13381 |
| appropriations or by financing the cost of each through an | 13382 |
| installment payment contract under section 156.04 of the Revised | 13383 |
| Code, may select one or more proposals or reject all proposals. In | 13384 |
| selecting proposals, the director shall select the one or more | 13385 |
| proposals most likely to result in the greatest savings when the | 13386 |
| cost of the proposal is compared to the reduced energy and | 13387 |
| operating costs that will result from implementing the proposal. | 13388 |
| However, in the case of a state institution of higher education | 13389 |
| pursuant to division (B) of section 156.02 of the Revised Code, | 13390 |
| the director shall select the one or more proposals most likely | 13391 |
| to result in the greatest energy, water, or wastewater savings, | 13392 |
| operating costs savings, and avoided capital costs created. | 13393 |
| (C)(1) No contract shall be awarded to implement energy | 13394 |
| saving measures under this section, other than in the case of a | 13395 |
| state institution of higher education, unless the director finds | 13396 |
| that one or both of the following circumstances exists, as | 13397 |
| applicable: | 13398 |
| | 13399 |
| described in division (H) of section 156.01 of the Revised Code, | 13400 |
| the cost of the contract is not likely to exceed the amount of | 13401 |
| money that would be saved in energy and operating costs over no | 13402 |
| more than five years; | 13403 |
| | 13404 |
| measure other than a cogeneration system, the cost of the contract | 13405 |
| is not likely to exceed the amount of money that would be saved in | 13406 |
| energy and operating costs over no more than ten years. | 13407 |
| (2) In the case of a state institution of higher education | 13408 |
| pursuant to division (B) of section 156.02 of the Revised Code, no | 13409 |
| contract shall be awarded to implement energy or water saving | 13410 |
| measures for the institution under this section unless the | 13411 |
| director finds that both of the following circumstances exists: | 13412 |
| (a) Not less than one-fifteenth of the costs of the contract | 13413 |
| shall be paid within two years from the date of purchase; | 13414 |
| (b) The remaining balance of the cost of the contract shall | 13415 |
| be paid within fifteen years from the date of purchase. | 13416 |
| Sec. 156.04. (A) In accordance with this section and section | 13417 |
| 156.03 of the Revised Code, the director of administrative | 13418 |
| services may enter into an installment payment contract for the | 13419 |
| implementation of one or more energy or water saving measures. If | 13420 |
| the director wishes an installment payment contract to be exempted | 13421 |
| from Chapter 153. of the Revised Code, the director shall proceed | 13422 |
| pursuant to section 156.03 of the Revised Code. | 13423 |
| (B)(1) Any installment payment contract under this section, | 13424 |
| other than in the case of a state institution of higher education, | 13425 |
| for one or more energy saving measures shall provide that all | 13426 |
| payments, except payments for repairs and obligations on | 13427 |
| termination of the contract prior to its expiration, are to be a | 13428 |
| stated percentage of calculated savings of energy and operating | 13429 |
| costs attributable to the one or more measures over a defined | 13430 |
| period of time and are to be made only to the extent that those | 13431 |
| savings actually occur. No such contract shall contain any of the | 13432 |
| following: | 13433 |
| | 13434 |
| contribution of funds, other than funds available from state or | 13435 |
| federal grants; | 13436 |
| | 13437 |
| that is a cogeneration system described in division (H) of section | 13438 |
| 156.01 of the Revised Code, a payment term longer than five years; | 13439 |
| | 13440 |
| measure that is not a cogeneration system, a payment term longer | 13441 |
| than ten years. | 13442 |
| (2) Any installment payment contract under this section for | 13443 |
| one or more energy or water saving measures for a state | 13444 |
| institution of higher education pursuant to division (B) of | 13445 |
| section 156.02 of the Revised Code, shall provide that all | 13446 |
| payments, except payments for repairs and obligations on | 13447 |
| termination of the contract prior to its expiration, are to be a | 13448 |
| stated percentage of calculated energy, water, or wastewater cost | 13449 |
| savings, operating costs, and avoided capital costs attributable | 13450 |
| to the one or more measures over a defined period of time and are | 13451 |
| to be made only to the extent that those calculated amounts | 13452 |
| actually occur. No such contract shall contain either of the | 13453 |
| following: | 13454 |
| (a) A requirement of any additional capital investment or | 13455 |
| contribution of funds, other than funds available from state or | 13456 |
| federal grants; | 13457 |
| (b) A payment term longer than fifteen years. | 13458 |
| (C) Any installment payment contract entered into under this | 13459 |
| section shall terminate no later than the last day of the fiscal | 13460 |
| biennium for which funds have been appropriated to the department | 13461 |
| of administrative services by the general assembly and shall be | 13462 |
| renewed in each succeeding fiscal biennium in which any balance of | 13463 |
| the contract remains unpaid, provided that both an appropriation | 13464 |
| for that succeeding fiscal biennium and the certification required | 13465 |
| by section 126.07 of the Revised Code are made. | 13466 |
| Sec. 166.07. (A) The director of development, with the | 13467 |
| approval of the controlling board and subject to the other | 13468 |
| applicable provisions of this chapter, may lend moneys in the | 13469 |
| facilities establishment fund to persons for the purpose of paying | 13470 |
| allowable costs of an eligible project if the director determines | 13471 |
| that: | 13472 |
| (1) The project is an eligible project and is economically | 13473 |
| sound; | 13474 |
| (2) The borrower is unable to finance the necessary allowable | 13475 |
| costs through ordinary financial channels upon comparable terms; | 13476 |
| (3) The amount to be lent from the facilities establishment | 13477 |
| fund will not exceed seventy-five per cent of the total allowable | 13478 |
| costs of the eligible project, except that if any part of the | 13479 |
| amount to be lent from the facilities establishment fund is | 13480 |
| derived from the issuance and sale of project financing | 13481 |
| obligations the amount to be lent will not exceed ninety per cent | 13482 |
| of the total allowable costs of the eligible project; | 13483 |
| (4) The eligible project could not be achieved in the local | 13484 |
| area in which it is to be located if the portion of the project to | 13485 |
| be financed by the loan instead were to be financed by a loan | 13486 |
| guaranteed under section 166.06 of the Revised Code; | 13487 |
| (5) The repayment of the loan from the facilities | 13488 |
| establishment fund will be adequately secured by a mortgage, | 13489 |
| assignment, pledge, or lien provided for under section 9.661 of | 13490 |
| the Revised Code, at such level of priority as the director may | 13491 |
| require; | 13492 |
| (6) The borrower will hold at least a ten per cent equity | 13493 |
| interest in the eligible project at the time the loan is made. | 13494 |
| (B) The determinations of the director under division (A) of | 13495 |
| this section shall be conclusive for purposes of the validity of a | 13496 |
| loan commitment evidenced by a loan agreement signed by the | 13497 |
| director. | 13498 |
| (C) In furtherance of the public policy of this chapter, | 13499 |
| there is hereby established the micro-lending program for the | 13500 |
| purpose of paying the allowable costs of eligible projects of | 13501 |
| eligible small businesses. From any amount of the facilities | 13502 |
| establishment fund that the general assembly designates for the | 13503 |
| purpose of the micro-lending program, the director of development | 13504 |
| shall, either directly or indirectly, make loans under this | 13505 |
| section to eligible small businesses. The director shall | 13506 |
| establish eligibility criteria and loan terms for the program | 13507 |
| that supplement eligibility criteria and loan terms otherwise | 13508 |
| prescribed for loans under this section, and may prescribe | 13509 |
| reduced service charges and fees. For the purpose of lending | 13510 |
| under the micro-lending program, the director of development | 13511 |
| shall give precedence to projects of eligible small businesses | 13512 |
| that foster the development of small entrepreneurial enterprises, | 13513 |
| notwithstanding the considerations prescribed by divisions | 13514 |
| (A)(1)(a) and (b) of section 166.05 of the Revised Code to the | 13515 |
| extent those considerations otherwise may have the effect of | 13516 |
| disqualifying projects of eligible small businesses. The director | 13517 |
| may enter into agreements with for-profit or non-profit | 13518 |
| organizations in this state to originate and administer loans made | 13519 |
| under the micro-lending program. | 13520 |
| (D) Fees, charges, rates of interest, times of payment of | 13521 |
| interest and principal, and other terms, conditions, and | 13522 |
| provisions of and security for loans made from the facilities | 13523 |
| establishment fund pursuant to this section shall be such as the | 13524 |
| director determines to be appropriate and in furtherance of the | 13525 |
| purpose for which the loans are made. The moneys used in making | 13526 |
| such loans shall be disbursed from the facilities establishment | 13527 |
| fund upon order of the director. The director shall give special | 13528 |
| consideration in setting the required job creation ratios and | 13529 |
| interest rates for loans that are for voluntary actions. | 13530 |
| | 13531 |
| to collect or otherwise deal with any loan made under this | 13532 |
| section, including any action authorized by section 9.661 of the | 13533 |
| Revised Code. | 13534 |
| | 13535 |
| a loan. Such charges shall be payable at such times and place and | 13536 |
| in such amounts and manner as may be prescribed by the director. | 13537 |
| Sec. 169.08. (A) Any person claiming a property interest in | 13538 |
| unclaimed funds delivered or reported to the state under Chapter | 13539 |
| 169. of the Revised Code, including the office of child support in | 13540 |
| the department of job and family services, pursuant to section | 13541 |
| 3123.88 of the Revised Code, may file a claim thereto on the form | 13542 |
| prescribed by the director of commerce. | 13543 |
| (B) The director shall consider matters relevant to any claim | 13544 |
| filed under division (A) of this section and shall hold a formal | 13545 |
| hearing if requested or considered necessary and receive evidence | 13546 |
| concerning such claim. A finding and decision in writing on each | 13547 |
| claim filed shall be prepared, stating the substance of any | 13548 |
| evidence received or heard and the reasons for allowance or | 13549 |
| disallowance of the claim. The evidence and decision shall be a | 13550 |
| public record. No statute of limitations shall bar the allowance | 13551 |
| of a claim. | 13552 |
| (C) For the purpose of conducting any hearing, the director | 13553 |
| may require the attendance of such witnesses and the production of | 13554 |
| such books, records, and papers as the director desires, and the | 13555 |
| director may take the depositions of witnesses residing within or | 13556 |
| without this state in the same manner as is prescribed by law for | 13557 |
| the taking of depositions in civil actions in the court of common | 13558 |
| pleas, and for that purpose the director may issue a subpoena for | 13559 |
| any witness or a subpoena duces tecum to compel the production of | 13560 |
| any books, records, or papers, directed to the sheriff of the | 13561 |
| county where such witness resides or is found, which shall be | 13562 |
| served and returned. The fees of the sheriff shall be the same as | 13563 |
| that allowed in the court of common pleas in criminal cases. | 13564 |
| Witnesses shall be paid the fees and mileage provided for under | 13565 |
| section 119.094 of the Revised Code. Fees and mileage shall be | 13566 |
| paid from the unclaimed funds trust fund. | 13567 |
| (D) Interest is not payable to claimants of unclaimed funds | 13568 |
| held by the state. Claims shall be paid from the trust fund. If | 13569 |
| the amount available in the trust fund is not sufficient to pay | 13570 |
| pending claims, or other amounts disbursable from the trust fund, | 13571 |
| the treasurer of state shall certify such fact to the director, | 13572 |
| who shall then withdraw such amount of funds from the mortgage | 13573 |
| accounts as the director determines necessary to reestablish the | 13574 |
| trust fund to a level required to pay anticipated claims but not | 13575 |
| more than ten per cent of the net unclaimed funds reported to | 13576 |
| date. | 13577 |
| The director | 13578 |
| 13579 | |
| 13580 | |
| paid to the director by the holders and deposited by the director | 13581 |
| with the treasurer of state or in a financial institution as agent | 13582 |
| for such funds. Whenever these funds are inadequate to meet the | 13583 |
| requirements for the trust fund, the director shall provide for a | 13584 |
| withdrawal of funds, within a reasonable time, in such amount as | 13585 |
| is necessary to meet the requirements, from financial institutions | 13586 |
| in which such funds were retained or placed by a holder and from | 13587 |
| other holders who have retained funds, in an equitable manner as | 13588 |
| prescribed by the director. In the event that the amount to be | 13589 |
| withdrawn from any one such holder is less than five hundred | 13590 |
| dollars, the amount to be withdrawn shall be at the discretion of | 13591 |
| the director. Such funds may be reimbursed in the amounts | 13592 |
| withdrawn when the trust fund has a surplus over the amount | 13593 |
| required to pay anticipated claims. Whenever the trust fund has a | 13594 |
| surplus over the amount required to pay anticipated claims, the | 13595 |
| director may transfer such surplus to the mortgage accounts. | 13596 |
| (E) If a claim which is allowed under this section relates to | 13597 |
| funds which have been retained by the reporting holder, and if the | 13598 |
| funds, on deposit with the treasurer of state pursuant to this | 13599 |
| chapter, are insufficient to pay claims, the director may notify | 13600 |
| such holder in writing of the payment of the claim and such holder | 13601 |
| shall immediately reimburse the state in the amount of such claim. | 13602 |
| The reimbursement shall be credited to the unclaimed funds trust | 13603 |
| fund. | 13604 |
| (F) Any person, including the office of child support, | 13605 |
| adversely affected by a decision of the director may appeal such | 13606 |
| decision in the manner provided in Chapter 119. of the Revised | 13607 |
| Code. | 13608 |
| In the event the claimant prevails, the claimant shall be | 13609 |
| reimbursed for reasonable attorney's fees and costs. | 13610 |
| (G) Notwithstanding anything to the contrary in this chapter, | 13611 |
| any holder who has paid moneys to or entered into an agreement | 13612 |
| with the director pursuant to section 169.05 of the Revised Code | 13613 |
| on certified checks, cashiers' checks, bills of exchange, letters | 13614 |
| of credit, drafts, money orders, or travelers' checks, may make | 13615 |
| payment to any person entitled thereto, including the office of | 13616 |
| child support, and upon surrender of the document, except in the | 13617 |
| case of travelers' checks, and proof of such payment, the director | 13618 |
| shall reimburse the holder for such payment without interest. | 13619 |
| Sec. 173.08. (A) The resident services coordinator program is | 13620 |
| established in the department of aging to fund resident services | 13621 |
| coordinators. The coordinators shall provide information to | 13622 |
| low-income and special-needs tenants, including the elderly, who | 13623 |
| live in financially assisted rental housing complexes, and assist | 13624 |
| those tenants in identifying and obtaining community and program | 13625 |
| services and other benefits for which they are eligible. | 13626 |
| (B) The resident services coordinator program fund is hereby | 13627 |
| created in the state treasury to support the resident services | 13628 |
| coordinator program established pursuant to this section. The fund | 13629 |
| consists of all moneys the department of development sets aside | 13630 |
|
pursuant to division (A) | 13631 |
| Code and moneys the general assembly appropriates to the fund. | 13632 |
| Sec. 173.28. (A)(1) As used in this division, "incident" | 13633 |
| means the occurrence of a violation with respect to a resident or | 13634 |
| recipient, as those terms are defined in section 173.14 of the | 13635 |
| Revised Code. A violation is a separate incident for each day it | 13636 |
| occurs and for each resident who is subject to it. | 13637 |
| In lieu of the fine that may be imposed under division (A) of | 13638 |
| section 173.99 of the Revised Code, the director of aging may, | 13639 |
| under Chapter 119. of the Revised Code, fine a long-term care | 13640 |
| provider or other entity, or a person employed by a long-term care | 13641 |
| provider or other entity, for a violation of division (C) of | 13642 |
| section 173.24 of the Revised Code. The fine shall not exceed one | 13643 |
| thousand dollars per incident. | 13644 |
| (2) In lieu of the fine that may be imposed under division | 13645 |
| (C) of section 173.99 of the Revised Code, the director may, under | 13646 |
| Chapter 119. of the Revised Code, fine a long-term care provider | 13647 |
| or other entity, or a person employed by a long-term care provider | 13648 |
| or other entity, for violating division (E) of section 173.19 of | 13649 |
| the Revised Code by denying a representative of the office of the | 13650 |
| state long-term care ombudsperson program the access required by | 13651 |
| that division. The fine shall not exceed five hundred dollars for | 13652 |
| each day the violation continued. | 13653 |
| (B) On request of the director, the attorney general shall | 13654 |
| bring and prosecute to judgment a civil action to collect any fine | 13655 |
| imposed under division (A)(1) or (2) of this section that remains | 13656 |
| unpaid thirty days after the violator's final appeal is exhausted. | 13657 |
| (C) All fines collected under this section shall be deposited | 13658 |
| into the state treasury to the credit of the state long-term care | 13659 |
| ombudsperson program fund created under section 173.26 of the | 13660 |
| Revised Code. | 13661 |
| Sec. 173.35. (A) As used in this section, "PASSPORT | 13662 |
| administrative agency" means an entity under contract with the | 13663 |
| department of aging to provide administrative services regarding | 13664 |
| the PASSPORT program created under section 173.40 of the Revised | 13665 |
| Code. | 13666 |
| (B) The department of aging shall administer the residential | 13667 |
| state supplement program under which the state supplements the | 13668 |
| supplemental security income payments received by aged, blind, or | 13669 |
| disabled adults under Title XVI of the "Social Security Act," 49 | 13670 |
| Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state | 13671 |
| supplement payments shall be used for the provision of | 13672 |
| accommodations, supervision, and personal care services to | 13673 |
| supplemental security income recipients who the department | 13674 |
| determines are at risk of needing institutional care. | 13675 |
| (C) For an individual to be eligible for residential state | 13676 |
| supplement payments, all of the following must be the case: | 13677 |
| (1) Except as provided by division (G) of this section, the | 13678 |
| individual must reside in one of the following: | 13679 |
| (a) An adult foster home certified under section 173.36 of | 13680 |
| the Revised Code; | 13681 |
| (b) A home or facility, other than a nursing home or nursing | 13682 |
| home unit of a home for the aging, licensed by the department of | 13683 |
| health under Chapter 3721. or 3722. of the Revised Code and | 13684 |
| certified in accordance with standards established by the director | 13685 |
| of aging under division (D)(2) of this section; | 13686 |
| (c) | 13687 |
| 13688 | |
| 13689 | |
| 13690 |
| | 13691 |
| (A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by | 13692 |
| the department of mental health and certified in accordance with | 13693 |
| standards established by the director of aging under division | 13694 |
| (D)(2) of this section; | 13695 |
| | 13696 |
| health housing services certified by the department of mental | 13697 |
| health under section 5119.611 of the Revised Code and approved by | 13698 |
| a board of alcohol, drug addiction, and mental health services | 13699 |
| under division (A)(14) of section 340.03 of the Revised Code and | 13700 |
| certified in accordance with standards established by the director | 13701 |
| of aging under division (D)(2) of this section. | 13702 |
| (2) Effective July 1, 2000, a PASSPORT administrative agency | 13703 |
| must have determined that the environment in which the individual | 13704 |
| will be living while receiving the payments is appropriate for the | 13705 |
| individual's needs. If the individual is eligible for supplemental | 13706 |
| security income payments or social security disability insurance | 13707 |
| benefits because of a mental disability, the PASSPORT | 13708 |
| administrative agency shall refer the individual to a community | 13709 |
| mental health agency for the community mental health agency to | 13710 |
| issue in accordance with section 340.091 of the Revised Code a | 13711 |
| recommendation on whether the PASSPORT administrative agency | 13712 |
| should determine that the environment in which the individual will | 13713 |
| be living while receiving the payments is appropriate for the | 13714 |
| individual's needs. Division (C)(2) of this section does not apply | 13715 |
| to an individual receiving residential state supplement payments | 13716 |
| on June 30, 2000, until the individual's first eligibility | 13717 |
| redetermination after that date. | 13718 |
| (3) The individual satisfies all eligibility requirements | 13719 |
| established by rules adopted under division (D) of this section. | 13720 |
| (D)(1) The directors of aging and job and family services | 13721 |
| shall adopt rules in accordance with section 111.15 of the Revised | 13722 |
| Code as necessary to implement the residential state supplement | 13723 |
| program. | 13724 |
| To the extent permitted by Title XVI of the "Social Security | 13725 |
| Act," and any other provision of federal law, the director of job | 13726 |
| and family services shall adopt rules establishing standards for | 13727 |
| adjusting the eligibility requirements concerning the level of | 13728 |
| impairment a person must have so that the amount appropriated for | 13729 |
| the program by the general assembly is adequate for the number of | 13730 |
| eligible individuals. The rules shall not limit the eligibility of | 13731 |
| disabled persons solely on a basis classifying disabilities as | 13732 |
| physical or mental. The director of job and family services also | 13733 |
| shall adopt rules that establish eligibility standards for aged, | 13734 |
| blind, or disabled individuals who reside in one of the homes or | 13735 |
| facilities specified in division (C)(1) of this section but who, | 13736 |
| because of their income, do not receive supplemental security | 13737 |
| income payments. The rules may provide that these individuals may | 13738 |
| include individuals who receive other types of benefits, | 13739 |
| including, social security disability insurance benefits provided | 13740 |
| under Title II of the "Social Security Act," 49 Stat. 620 (1935), | 13741 |
| 42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this | 13742 |
| section, such payments may be made if funds are available for | 13743 |
| them. | 13744 |
| The director of aging shall adopt rules establishing the | 13745 |
| method to be used to determine the amount an eligible individual | 13746 |
| will receive under the program. The amount the general assembly | 13747 |
| appropriates for the program shall be a factor included in the | 13748 |
| method that department establishes. | 13749 |
| (2) The director of aging shall adopt rules in accordance | 13750 |
| with Chapter 119. of the Revised Code establishing standards for | 13751 |
| certification of living facilities described in division (C)(1) of | 13752 |
| this section. | 13753 |
| The directors of aging and mental health shall enter into an | 13754 |
| agreement to certify facilities that apply for certification and | 13755 |
| meet the standards established by the director of aging under this | 13756 |
| division. | 13757 |
| (E) The county department of job and family services of the | 13758 |
| county in which an applicant for the residential state supplement | 13759 |
| program resides shall determine whether the applicant meets income | 13760 |
| and resource requirements for the program. | 13761 |
| (F) The department of aging shall maintain a waiting list of | 13762 |
| any individuals eligible for payments under this section but not | 13763 |
| receiving them because moneys appropriated to the department for | 13764 |
| the purposes of this section are insufficient to make payments to | 13765 |
| all eligible individuals. An individual may apply to be placed on | 13766 |
| the waiting list even though the individual does not reside in one | 13767 |
| of the homes or facilities specified in division (C)(1) of this | 13768 |
| section at the time of application. The director of aging, by | 13769 |
| rules adopted in accordance with Chapter 119. of the Revised | 13770 |
| Code, shall specify procedures and requirements for placing an | 13771 |
| individual on the waiting list and priorities for the order in | 13772 |
| which individuals placed on the waiting list are to begin to | 13773 |
| receive residential state supplement payments. The rules | 13774 |
| specifying priorities may give priority to individuals placed on | 13775 |
| the waiting list on or after July 1, 2006, who receive | 13776 |
| supplemental security income benefits under Title XVI of the | 13777 |
| "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as | 13778 |
| amended. The rules shall not affect the place on the waiting list | 13779 |
| of any person who was on the list on July 1, 2006. The rules | 13780 |
| specifying priorities may also set additional priorities based on | 13781 |
| living arrangement, such as whether an individual resides in a | 13782 |
| facility listed in division (C)(1) of this section or has been | 13783 |
| admitted to a nursing facility. | 13784 |
| (G) An individual in a licensed or certified living | 13785 |
| arrangement receiving state supplementation on November 15, 1990, | 13786 |
| under former section 5101.531 of the Revised Code shall not become | 13787 |
| ineligible for payments under this section solely by reason of the | 13788 |
| individual's living arrangement as long as the individual remains | 13789 |
| in the living arrangement in which the individual resided on | 13790 |
| November 15, 1990. | 13791 |
| (H) The department of aging shall notify each person denied | 13792 |
| approval for payments under this section of the person's right to | 13793 |
| a hearing. On request, the hearing shall be provided by the | 13794 |
| department of job and family services in accordance with section | 13795 |
| 5101.35 of the Revised Code. | 13796 |
| Sec. 173.392. (A) The department of aging may pay a person or | 13797 |
| government entity for providing community-based long-term care | 13798 |
| services under a program the department administers, even though | 13799 |
| the person or government entity is not certified under section | 13800 |
| 173.391 of the Revised Code, if all of the following are the case: | 13801 |
| (1) The person or government entity has a contract with the | 13802 |
| department of aging or the department's designee to provide the | 13803 |
| services in accordance with the contract or has received a grant | 13804 |
| from the department or its designee to provide the services in | 13805 |
| accordance with a grant agreement; | 13806 |
| (2) The contract or grant agreement includes detailed | 13807 |
| conditions of participation for providers of services under a | 13808 |
| program the department administers and service standards that the | 13809 |
| person or government entity is required to satisfy; | 13810 |
| (3) The person or government entity complies with the | 13811 |
| contract or grant agreement; | 13812 |
| (4) The contract or grant is not for medicaid-funded | 13813 |
| services, other than services provided under the PACE program | 13814 |
| administered by the department of aging under section 173.50 of | 13815 |
| the Revised Code. | 13816 |
| (B) The director of aging shall adopt rules in accordance | 13817 |
| with Chapter 119. of the Revised Code governing both of the | 13818 |
| following: | 13819 |
| (1) Contracts and grant agreements between the department of | 13820 |
| aging or its designee and persons and government entities | 13821 |
| regarding community-based long-term care services provided under a | 13822 |
| program the department administers; | 13823 |
| (2) The department's payment for community-based long-term | 13824 |
|
care services | 13825 |
| Sec. 173.40. | 13826 |
| the Revised Code, "PASSPORT program" means the program created | 13827 |
| under this section. | 13828 |
| There is hereby created | 13829 |
| 13830 | |
| preadmission screening system providing options and resources | 13831 |
| today program, or PASSPORT. The PASSPORT program shall provide | 13832 |
| home and community-based services as an alternative to nursing | 13833 |
| facility placement for aged and disabled medicaid recipients. The | 13834 |
|
program shall be operated | 13835 |
| as a separate medicaid waiver | 13836 |
| section 5111.85 of the Revised Code, until the United States | 13837 |
| secretary of health and human services approves the consolidated | 13838 |
|
federal medicaid waiver sought under section | 13839 |
| 13840 | |
| 5111.861 of the Revised Code. The program shall be part of the | 13841 |
| consolidated federal medicaid waiver sought under that section if | 13842 |
| the United States secretary approves the waiver. The department of | 13843 |
| aging shall administer the program through a contract entered into | 13844 |
| with the department of job and family services under section | 13845 |
| 5111.91 of the Revised Code. The director of job and family | 13846 |
| services shall adopt rules under section 5111.85 of the Revised | 13847 |
| Code and the director of aging shall adopt rules in accordance | 13848 |
| with Chapter 119. of the Revised Code to implement the program. | 13849 |
| Sec. 173.401. (A) As used in this section: | 13850 |
| "Area agency on aging" has the same meaning as in section | 13851 |
| 173.14 of the Revised Code. | 13852 |
| "Long-term care consultation program" means the program the | 13853 |
| department of aging is required to develop under section 173.42 of | 13854 |
| the Revised Code. | 13855 |
| "Long-term care consultation program administrator" or | 13856 |
| "administrator" means the department of aging or, if the | 13857 |
| department contracts with an area agency on aging or other entity | 13858 |
| to administer the long-term care consultation program for a | 13859 |
| particular area, that agency or entity. | 13860 |
| "Nursing facility" has the same meaning as in section 5111.20 | 13861 |
| of the Revised Code. | 13862 |
| | 13863 |
| 13864 |
| "PASSPORT waiver" means the federal medicaid waiver granted | 13865 |
| by the United States secretary of health and human services that | 13866 |
| authorizes the PASSPORT program. | 13867 |
| (B) The director of job and family services shall submit to | 13868 |
| the United States secretary of health and human services an | 13869 |
| amendment to the PASSPORT waiver that authorizes additional | 13870 |
| enrollments in the PASSPORT program pursuant to this section. | 13871 |
| Beginning with the month following the month in which the United | 13872 |
| States secretary approves the amendment and each month thereafter, | 13873 |
| each area agency on aging shall determine whether individuals who | 13874 |
| reside in the area that the area agency on aging serves and are on | 13875 |
| a waiting list for the PASSPORT program have been admitted to a | 13876 |
| nursing facility. If an area agency on aging determines that such | 13877 |
| an individual has been admitted to a nursing facility, the agency | 13878 |
| shall notify the long-term care consultation program administrator | 13879 |
| serving the area in which the individual resides about the | 13880 |
| determination. The administrator shall determine whether the | 13881 |
| PASSPORT program is appropriate for the individual and whether the | 13882 |
| individual would rather participate in the PASSPORT program than | 13883 |
| continue residing in the nursing facility. If the administrator | 13884 |
| determines that the PASSPORT program is appropriate for the | 13885 |
| individual and the individual would rather participate in the | 13886 |
| PASSPORT program than continue residing in the nursing facility, | 13887 |
| the administrator shall so notify the department of aging. On | 13888 |
| receipt of the notice from the administrator, the department of | 13889 |
| aging shall approve the individual's enrollment in the PASSPORT | 13890 |
| program regardless of the PASSPORT program's waiting list and even | 13891 |
| though the enrollment causes enrollment in the program to exceed | 13892 |
| the limit that would otherwise apply. Each quarter, the department | 13893 |
| of aging shall certify to the director of budget and management | 13894 |
| the estimated increase in costs of the PASSPORT program resulting | 13895 |
| from enrollment of individuals in the PASSPORT program pursuant to | 13896 |
| this section. | 13897 |
| | 13898 |
| 13899 | |
| 13900 | |
| 13901 | |
| 13902 |
| Sec. 173.402. "Choices program" means the program created | 13903 |
| under this section. | 13904 |
| There is hereby created the choices program. The program | 13905 |
| shall provide home and community-based services. The choices | 13906 |
| program shall be operated as a separate medicaid waiver component, | 13907 |
| as defined in section 5111.85 of the Revised Code, until the | 13908 |
| United States secretary of health and human services approves the | 13909 |
| consolidated federal medicaid waiver sought under section 5111.861 | 13910 |
| of the Revised Code. The program shall be part of the consolidated | 13911 |
| federal medicaid waiver sought under that section if the United | 13912 |
| States secretary approves the waiver. The department of aging | 13913 |
| shall administer the program through a contract entered into with | 13914 |
| the department of job and family services under section 5111.91 of | 13915 |
| the Revised Code. Subject to federal approval, the program shall | 13916 |
| be available statewide. | 13917 |
| Sec. 173.403. As used in this section, "medicaid waiver | 13918 |
| component" has the same meaning as in section 5111.85 of the | 13919 |
| Revised Code. | 13920 |
| An individual enrolled in a medicaid waiver component the | 13921 |
| department of aging administers may not receive any of the | 13922 |
| following medicaid state plan services unless the services are | 13923 |
| provided in conjunction with medicaid case management services | 13924 |
| provided to the individual: | 13925 |
| (A) Home health services; | 13926 |
| (B) Private duty nursing services; | 13927 |
| (C) Durable medical equipment; | 13928 |
| (D) Services of a clinical nurse specialist; | 13929 |
| (E) Services of a certified nurse practitioner. | 13930 |
| Sec. 173.42. (A) As used in | 13931 |
| 173.434 of the Revised Code: | 13932 |
| (1) "Area agency on aging" means a public or private | 13933 |
| nonprofit entity designated under section 173.011 of the Revised | 13934 |
| Code to administer programs on behalf of the department of aging. | 13935 |
| (2) "Department of aging-administered medicaid waiver | 13936 |
| component" means each of the following: | 13937 |
| (a) The PASSPORT program created under section 173.40 of the | 13938 |
| Revised Code; | 13939 |
| (b) The choices program created under section 173.402 of the | 13940 |
| Revised Code; | 13941 |
| (c) The assisted living program created under section 5111.89 | 13942 |
| of the Revised Code; | 13943 |
| (d) Any other medicaid waiver component, as defined in | 13944 |
| section 5111.85 of the Revised Code, that the department of aging | 13945 |
| administers pursuant to an interagency agreement with the | 13946 |
| department of job and family services under section 5111.91 of the | 13947 |
| Revised Code. | 13948 |
| (3) "Home and community-based services covered by medicaid | 13949 |
| components the department of aging administers" means all of the | 13950 |
| following: | 13951 |
| (a) Medicaid waiver services available to a participant in a | 13952 |
| department of aging-administered medicaid waiver component; | 13953 |
| (b) The following medicaid state plan services available to a | 13954 |
| participant in a department of aging-administered medicaid waiver | 13955 |
| component as specified in rules adopted under section 5111.02 of | 13956 |
| the Revised Code: | 13957 |
| (i) Home health services; | 13958 |
| (ii) Private duty nursing services; | 13959 |
| (iii) Durable medical equipment; | 13960 |
| (iv) Services of a clinical nurse specialist; | 13961 |
| (v) Services of a certified nurse practitioner. | 13962 |
| (c) Services available to a participant of the PACE program. | 13963 |
| (4) "Long-term care consultation" or "consultation" means the | 13964 |
| 13965 | |
| available by the department of aging or a program administrator | 13966 |
| through the long-term care consultation program established | 13967 |
|
pursuant to this section | 13968 |
| 13969 | |
| 13970 | |
| 13971 | |
| 13972 | |
| 13973 | |
| 13974 |
| | 13975 |
| established under Chapter 5111. of the Revised Code. | 13976 |
| | 13977 |
| 5111.20 of the Revised Code. | 13978 |
| | 13979 |
| program the department of aging administers pursuant to section | 13980 |
| 173.50 of the Revised Code. | 13981 |
| (8) "Program administrator" means an area agency on aging or | 13982 |
| other entity under contract with the department of aging to | 13983 |
| administer the long-term care consultation program in a geographic | 13984 |
| region specified in the contract. | 13985 |
| (9) "Representative" means a person acting on behalf of an | 13986 |
|
individual | 13987 |
| 13988 | |
| 13989 | |
| representative may be a family member, attorney, hospital social | 13990 |
| worker, or any other person chosen to act on behalf of the | 13991 |
| individual. | 13992 |
| (B) The department of aging shall develop a long-term care | 13993 |
| consultation program whereby individuals or their representatives | 13994 |
| are provided with long-term care consultations and receive through | 13995 |
| these professional consultations information about options | 13996 |
| available to meet long-term care needs and information about | 13997 |
| factors to consider in making long-term care decisions. The | 13998 |
| long-term care consultations provided under the program may be | 13999 |
| provided at any appropriate time, as permitted or required under | 14000 |
| this section and the rules adopted under it, including either | 14001 |
| prior to or after the individual who is the subject of a | 14002 |
| consultation has been admitted to a nursing facility or granted | 14003 |
| assistance in receiving home and community-based services covered | 14004 |
| by medicaid components the department of aging administers. | 14005 |
| (C)(1) The long-term care consultation program shall be | 14006 |
| administered by the department of aging, except that the | 14007 |
|
department may | 14008 |
| 14009 | |
| 14010 | |
| 14011 | |
| administered on a regional basis by one or more program | 14012 |
| administrators. The department and each program administrator | 14013 |
| shall administer the program in such a manner that all of the | 14014 |
| following are included: | 14015 |
| (a) Coordination and collaboration with respect to all | 14016 |
| available funding sources for long-term care services; | 14017 |
| (b) Assessments of individuals regarding their long-term care | 14018 |
| service needs; | 14019 |
| (c) Assessments of individuals regarding their on-going | 14020 |
| eligibility for long-term care services; | 14021 |
| (d) Procedures for assisting individuals in obtaining access | 14022 |
| to, and coordination of, health and supportive services; | 14023 |
| (e) Procedures for monitoring the quality of long-term care | 14024 |
| services and supports and the health and welfare of individuals | 14025 |
| receiving long-term care services and supports; | 14026 |
| (f) Priorities for using available resources efficiently and | 14027 |
| effectively. | 14028 |
| (2) The procedures specified in division (C)(1)(e) of this | 14029 |
| section shall include procedures for assessing the extent to which | 14030 |
| long-term care services and supports are provided in a culturally | 14031 |
| competent manner. | 14032 |
| (D) The program's long-term care consultations | 14033 |
| 14034 | |
|
certified by the
department under section | 14035 |
| Revised Code. | 14036 |
| (E) The information provided through a long-term care | 14037 |
| consultation shall be appropriate to the individual's needs and | 14038 |
| situation and shall address all of the following: | 14039 |
| (1) The availability of any long-term care options open to | 14040 |
| the individual; | 14041 |
| (2) Sources and methods of both public and private payment | 14042 |
| for long-term care services; | 14043 |
| (3) Factors to consider when choosing among the available | 14044 |
| programs, services, and benefits; | 14045 |
| (4) Opportunities and methods for maximizing independence and | 14046 |
| self-reliance, including support services provided by the | 14047 |
| individual's family, friends, and community. | 14048 |
| (F) An individual's long-term care consultation may include | 14049 |
| an assessment of the individual's functional capabilities. The | 14050 |
| consultation may incorporate portions of the determinations | 14051 |
| required under sections 5111.202, 5119.061, and 5123.021 of the | 14052 |
| Revised Code and may be provided concurrently with the assessment | 14053 |
| required under section 5111.204 of the Revised Code. | 14054 |
| (G)(1) Unless an exemption specified in division (I) of this | 14055 |
|
section is applicable, each | 14056 |
| 14057 |
| (a) | 14058 |
| indicates an intention to apply for admission to a nursing | 14059 |
| facility, regardless of the source of payment to be used for | 14060 |
| 14061 |
| (b) | 14062 |
| 14063 |
| | 14064 |
| 14065 | |
| 14066 | |
| 14067 |
| | 14068 |
| long-term care consultation; | 14069 |
| (c) An individual identified by the department or a program | 14070 |
| administrator as being likely to benefit from a long-term care | 14071 |
| consultation. | 14072 |
| (2) In addition to the individuals | 14073 |
| specified in division (G)(1) of this section, a long-term care | 14074 |
| 14075 | |
| 14076 | |
| 14077 | |
| of payment being used for the resident's care in the nursing | 14078 |
|
facility. | 14079 |
| 14080 | |
| 14081 | |
| 14082 |
| (H)(1) | 14083 |
|
this section, a long-term care consultation | 14084 |
|
provided pursuant to division (G) | 14085 |
| 14086 | |
| 14087 |
| (a) If the individual for whom the consultation is being | 14088 |
| provided has applied for medicaid and the consultation is being | 14089 |
| provided concurrently with the assessment required under section | 14090 |
| 5111.204 of the Revised Code, the consultation shall be completed | 14091 |
| in accordance with the applicable time frames specified in that | 14092 |
| section for providing a level of care determination based on the | 14093 |
| assessment. | 14094 |
| (b) In all other cases, the consultation shall be provided | 14095 |
|
not later than five calendar days after the department or | 14096 |
|
program administrator | 14097 |
|
notice of the reason for which the consultation is | 14098 |
|
provided pursuant to division (G) | 14099 |
| (2) An individual or the individual's representative may | 14100 |
| request that a long-term care consultation be provided on a date | 14101 |
| that is later than the date required under division (H)(1)(a) or | 14102 |
| (b) of this section. | 14103 |
| (3) If a long-term care consultation cannot be completed | 14104 |
| within the number of days required by division (H)(1) or (2) of | 14105 |
|
this section, the department or | 14106 |
| 14107 |
| (a) | 14108 |
| (G)(1) of this section, exempt the individual from the | 14109 |
| consultation pursuant to rules that may be adopted under division | 14110 |
| (L) of this section; | 14111 |
| (b) In the case of an applicant for admission to a nursing | 14112 |
| facility, provide the consultation after the individual is | 14113 |
| admitted to the nursing facility; | 14114 |
| (c) In the case of a resident of a nursing facility, provide | 14115 |
| the consultation as soon as practicable. | 14116 |
| (I) An individual is not required to be provided a long-term | 14117 |
| care consultation under division (G)(1) of this section if any of | 14118 |
| the following apply: | 14119 |
| (1) The department or program administrator has attempted to | 14120 |
| provide the consultation, but the individual or the individual's | 14121 |
|
representative | 14122 |
| 14123 | |
| 14124 |
| (2) The individual is to receive care in a nursing facility | 14125 |
| under a contract for continuing care as defined in section 173.13 | 14126 |
| of the Revised Code; | 14127 |
| (3) The individual has a contractual right to admission to a | 14128 |
| nursing facility operated as part of a system of continuing care | 14129 |
| in conjunction with one or more facilities that provide a less | 14130 |
| intensive level of services, including a residential care facility | 14131 |
| licensed under Chapter 3721. of the Revised Code, an adult care | 14132 |
| facility licensed under Chapter 3722. of the Revised Code, or an | 14133 |
| independent living arrangement; | 14134 |
| (4) The individual is to receive continual care in a home for | 14135 |
| the aged exempt from taxation under section 5701.13 of the Revised | 14136 |
| Code; | 14137 |
| (5) The individual is seeking admission to a facility that is | 14138 |
| not a nursing facility with a provider agreement under section | 14139 |
| 5111.22, 5111.671, or 5111.672 of the Revised Code; | 14140 |
| (6) | 14141 |
| 14142 |
| | 14143 |
| 14144 |
| | 14145 |
| consultation requirement by the department or the program | 14146 |
| administrator pursuant to rules that may be adopted under division | 14147 |
| (L) of this section. | 14148 |
| (J) | 14149 |
|
long-term care
consultation program, the department or | 14150 |
|
program administrator | 14151 |
| 14152 | |
| 14153 | |
| 14154 | |
| services that are appropriate for the individual and for which | 14155 |
| the individual is eligible, including all available home and | 14156 |
| community-based services covered by medicaid components the | 14157 |
|
department of aging administers. | 14158 |
| 14159 | |
| 14160 | |
| 14161 | |
| 14162 | |
| 14163 | |
| of assessments or other evaluations and the development of | 14164 |
| individualized plans of care or services under section 173.424 of | 14165 |
| the Revised Code. | 14166 |
| (K) No nursing facility for which an operator has a provider | 14167 |
| agreement under section 5111.22, 5111.671, or 5111.672 of the | 14168 |
|
Revised Code shall
admit
| 14169 |
| unless the nursing facility has received evidence that a | 14170 |
| long-term care consultation has been completed for the individual | 14171 |
| or division (I) of this section is applicable to the individual. | 14172 |
| (L) The director of aging may adopt any rules the director | 14173 |
| considers necessary for the implementation and administration of | 14174 |
| this section. The rules shall be adopted in accordance with | 14175 |
| Chapter 119. of the Revised Code and may specify any or all of | 14176 |
| the following: | 14177 |
| (1) Procedures for providing long-term care consultations | 14178 |
| pursuant to this section; | 14179 |
| (2) Information to be provided through long-term care | 14180 |
| consultations regarding long-term care services that are | 14181 |
| available; | 14182 |
| (3) Criteria | 14183 |
| 14184 | |
| procedures to be used to identify and recommend appropriate | 14185 |
| service options for an individual receiving a long-term care | 14186 |
| consultation; | 14187 |
| (4) Criteria for exempting individuals from the long-term | 14188 |
| care consultation requirement; | 14189 |
| (5) Circumstances under which it may be appropriate to | 14190 |
| provide an individual's long-term care consultation after the | 14191 |
| individual's admission to a nursing facility rather than before | 14192 |
| admission; | 14193 |
| (6) Criteria for identifying nursing facility residents who | 14194 |
| would benefit from the provision of a long-term care | 14195 |
| consultation; | 14196 |
| (7) A description of the types of information from a nursing | 14197 |
| facility that is needed under the long-term care consultation | 14198 |
| program to assist a resident with relocation from the facility; | 14199 |
| (8) Standards to prevent conflicts of interest relative to | 14200 |
| the referrals made by a person who performs a long-term care | 14201 |
| consultation, including standards that prohibit the person from | 14202 |
| being employed by a provider of long-term care services; | 14203 |
| (9) Procedures for providing notice and an opportunity for a | 14204 |
| hearing under division (N) of this section. | 14205 |
| (M) To assist the department and each program administrator | 14206 |
| with identifying individuals who are likely to benefit from a | 14207 |
| long-term care consultation, the department and program | 14208 |
| administrator may ask to be given access to nursing facility | 14209 |
| resident assessment data collected through the use of the resident | 14210 |
| assessment instrument specified in rules adopted under section | 14211 |
| 5111.02 of the Revised Code for purposes of the medicaid program. | 14212 |
| Except when prohibited by state or federal law, the department of | 14213 |
| health, department of job and family services, or nursing facility | 14214 |
| holding the data shall grant access to the data on receipt of the | 14215 |
| request from the department of aging or program administrator. | 14216 |
| | 14217 |
| an opportunity for a hearing, may fine a nursing facility an | 14218 |
| amount determined by rules the director shall adopt in accordance | 14219 |
|
with
Chapter 119. of the Revised Code | 14220 |
| reasons: | 14221 |
| (a) The nursing facility admits | 14222 |
| without evidence that a long-term care consultation has been | 14223 |
| provided, as required by this section; | 14224 |
| (b) The nursing facility denies a person attempting to | 14225 |
| provide a long-term care consultation access to the facility or a | 14226 |
| resident of the facility; | 14227 |
| (c) The nursing facility denies the department of aging or | 14228 |
| program administrator access to the facility or a resident of the | 14229 |
| facility, as the department or administrator considers necessary | 14230 |
| to administer the program. | 14231 |
| (2) In accordance with section 5111.62 of the Revised Code, | 14232 |
|
all fines collected under | 14233 |
| shall be deposited into the state treasury to the credit of the | 14234 |
| residents protection fund. | 14235 |
| Sec. 173.421. As part of the long-term care consultation | 14236 |
| program established under section 173.42 of the Revised Code, the | 14237 |
| department of aging may establish procedures for the conduct of | 14238 |
| periodic or follow-up long-term care consultations for residents | 14239 |
| of nursing facilities, including annual or more frequent | 14240 |
| reassessments of the residents' functional capabilities. If the | 14241 |
| procedures are established, the department or program | 14242 |
| administrator shall assign individuals to nursing facilities to | 14243 |
| serve as care managers within the facilities. The individuals | 14244 |
| assigned shall be individuals who are certified under section | 14245 |
| 173.422 of the Revised Code to provide long-term care | 14246 |
| consultations. | 14247 |
| | 14248 |
| individuals who meet certification requirements established by | 14249 |
| rule to provide long-term care consultations for purposes of | 14250 |
| 14251 | |
| director of aging shall adopt rules in accordance with Chapter | 14252 |
| 119. of the Revised Code governing the certification process and | 14253 |
| requirements. The rules shall specify the education, experience, | 14254 |
| or training in long-term care a person must have to qualify for | 14255 |
| certification. | 14256 |
| Sec. 173.423. If an individual who is the subject of a | 14257 |
| long-term care consultation is eligible for and elects to receive | 14258 |
| home and community-based services covered by medicaid components | 14259 |
| the department of aging administers, the department of aging or | 14260 |
| program administrator shall monitor the individual by doing | 14261 |
| either or both of the following at least once each year: | 14262 |
| (A) Determining whether the services being provided to the | 14263 |
| individual are appropriate; | 14264 |
| (B) Determining whether changes in the types of services | 14265 |
| being provided to the individual should be made. | 14266 |
| Sec. 173.424. If, under federal law, an individual's | 14267 |
| eligibility for the home and community-based services covered by | 14268 |
| medicaid components the department of aging administers is | 14269 |
| dependent on the conduct of an assessment or other evaluation of | 14270 |
| the individual's needs and capabilities and the development of an | 14271 |
| individualized plan of care or services, the department shall | 14272 |
| develop and implement all procedures necessary to comply with the | 14273 |
| federal law. The procedures shall include the use of long-term | 14274 |
| care consultations. | 14275 |
| Sec. 173.425. Annually, the department of aging shall prepare | 14276 |
| a report regarding the individuals who are the subjects of | 14277 |
| long-term care consultations and elect to receive home and | 14278 |
| community-based services covered by medicaid components the | 14279 |
| department of aging administers. The department shall prepare the | 14280 |
| report in consultation with the department of job and family | 14281 |
| services and office of budget and management. Each annual report | 14282 |
| shall include all of the following information: | 14283 |
| (A) The total savings achieved by providing home and | 14284 |
| community-based services covered by medicaid components the | 14285 |
| department of aging administers rather than services that | 14286 |
| otherwise would be provided in a nursing facility; | 14287 |
| (B) The average number of days that individuals receive home | 14288 |
| and community-based services covered by medicaid components the | 14289 |
| department of aging administers before and after receiving | 14290 |
| nursing facility services; | 14291 |
| (C) A categorical analysis of the acuity levels of the | 14292 |
| individuals who receive home and community-based services covered | 14293 |
| by medicaid components the department of aging administers; | 14294 |
| (D) Any other statistical information the department of aging | 14295 |
| considers appropriate for inclusion in the report. | 14296 |
| Sec. 173.43. (A) Subject to section 173.433 of the Revised | 14297 |
| Code, the department of aging shall enter into an interagency | 14298 |
| agreement with the department of job and family services under | 14299 |
| section 5111.91 of the Revised Code under which the department of | 14300 |
| aging is required to establish for each biennium a unified | 14301 |
| long-term care budget for home and community-based services | 14302 |
| covered by medicaid components the department of aging | 14303 |
| administers. The interagency agreement shall require the | 14304 |
| department of aging to do all of the following: | 14305 |
| (1) Administer the unified long-term care budget in | 14306 |
| accordance with sections 173.43 to 173.434 of the Revised Code and | 14307 |
| the general assembly's appropriations for home and community-based | 14308 |
| services covered by medicaid components the department of aging | 14309 |
| administers for the applicable biennium; | 14310 |
| (2) Contract with each area agency on aging for assistance in | 14311 |
| the administration of the unified long-term care budget; | 14312 |
| (3) Provide individuals who are eligible for home and | 14313 |
| community-based services covered by medicaid components the | 14314 |
| department of aging administers a choice of services that meet | 14315 |
| the individuals' needs and improve their quality of life; | 14316 |
| (4) Provide a continuum of services that meet the life-long | 14317 |
| needs of individuals who are eligible for home and community-based | 14318 |
| services covered by medicaid components the department of aging | 14319 |
| administers. | 14320 |
| (B) The director of budget and management shall create new | 14321 |
| appropriation items as necessary for establishment of the unified | 14322 |
| long-term care budget. | 14323 |
| Sec. 173.431. Subject to section 173.433 of the Revised | 14324 |
| Code, the department of aging shall ensure that the unified | 14325 |
| long-term care budget established under section 173.43 of the | 14326 |
| Revised Code is administered in a manner that provides medicaid | 14327 |
| coverage of and expands access to all of the following as | 14328 |
| necessary to meet the needs of individuals receiving home and | 14329 |
| community-based services covered by medicaid components the | 14330 |
| department of aging administers: | 14331 |
| (A) To the extent permitted by the medicaid waivers | 14332 |
| authorizing department of aging-administered medicaid waiver | 14333 |
| components, all of the following medicaid waiver services | 14334 |
| provided under department of aging-administered medicaid waiver | 14335 |
| components: | 14336 |
| (1) Personal care services; | 14337 |
| (2) Home-delivered meals; | 14338 |
| (3) Adult day-care; | 14339 |
| (4) Homemaker services; | 14340 |
| (5) Emergency response services; | 14341 |
| (6) Medical equipment and supplies; | 14342 |
| (7) Chore services; | 14343 |
| (8) Social work counseling; | 14344 |
| (9) Nutritional counseling; | 14345 |
| (10) Independent living assistance; | 14346 |
| (11) Medical transportation; | 14347 |
| (12) Nonmedical transportation; | 14348 |
| (13) Home care attendant services; | 14349 |
| (14) Assisted living services; | 14350 |
| (15) Community transition services; | 14351 |
| (16) Enhanced community living services; | 14352 |
| (17) All other medicaid waiver services provided under | 14353 |
| department of aging-administered medicaid waiver components. | 14354 |
| (B) All of the following state medicaid plan services as | 14355 |
| specified in rules adopted under section 5111.02 of the Revised | 14356 |
| Code: | 14357 |
| (1) Home health services; | 14358 |
| (2) Private duty nursing services; | 14359 |
| (3) Durable medical equipment; | 14360 |
| (4) Services of a clinical nurse specialist; | 14361 |
| (5) Services of a certified nurse practitioner. | 14362 |
| (C) The services that the PACE program provides. | 14363 |
| Sec. 173.432. Subject to section 173.433 of the Revised Code, | 14364 |
| the department of aging or its designee shall provide care | 14365 |
| management and authorization services with regard to the state | 14366 |
| plan services specified in division (B) of section 173.431 of the | 14367 |
| Revised Code that are provided to participants of department of | 14368 |
| aging-administered medicaid waiver components. | 14369 |
| Sec. 173.433. (A) The director of job and family services | 14370 |
| shall do one or more of the following as necessary for the | 14371 |
| implementation of sections 173.43 to 173.432 of the Revised Code: | 14372 |
| (1) Submit one or more state medicaid plan amendments to the | 14373 |
| United States secretary of health and human services; | 14374 |
| (2) Request one or more federal medicaid waivers from the | 14375 |
| United States secretary; | 14376 |
| (3) Submit one or more federal medicaid waiver amendments to | 14377 |
| the United States secretary. | 14378 |
| (B) No provision of sections 173.43 to 173.432 of the Revised | 14379 |
| Code that requires the approval of the United States secretary of | 14380 |
| health and human services shall be implemented until the United | 14381 |
| States secretary provides the approval. | 14382 |
| Sec. 173.434. The director of job and family services shall | 14383 |
| adopt rules under section 5111.85 of the Revised Code to authorize | 14384 |
| the director of aging to adopt rules that are needed to implement | 14385 |
| sections 173.43 to 173.432 of the Revised Code. The director of | 14386 |
| aging's rules shall be adopted in accordance with Chapter 119. of | 14387 |
| the Revised Code." | 14388 |
| Sec. 173.50. (A) Pursuant to a contract entered into with the | 14389 |
| department of job and family services as an interagency agreement | 14390 |
| under section 5111.91 of the Revised Code, the department of aging | 14391 |
| shall carry out the day-to-day administration of the component of | 14392 |
| the medicaid program established under Chapter 5111. of the | 14393 |
| Revised Code known as the program of all-inclusive care for the | 14394 |
| elderly or PACE. The department of aging shall carry out its PACE | 14395 |
| administrative duties in accordance with the provisions of the | 14396 |
| interagency agreement and all applicable federal laws, including | 14397 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4, | 14398 |
| as amended. | 14399 |
| (B) The department of aging may adopt rules in accordance | 14400 |
| with Chapter 119. of the Revised Code regarding the PACE program, | 14401 |
| including rules establishing priorities for enrolling in the | 14402 |
| program pursuant to section 173.501 of the Revised Code. The | 14403 |
| department's rules are subject to both of the following: | 14404 |
| (1) The rules shall be authorized by rules adopted by the | 14405 |
| department of job and family services. | 14406 |
| (2) The rules shall address only those issues that are not | 14407 |
| addressed in rules adopted by the department of job and family | 14408 |
| services for the PACE program. | 14409 |
| Sec. 173.501. (A) As used in this section: | 14410 |
| "Nursing facility" has the same meaning as in section 5111.20 | 14411 |
| of the Revised Code. | 14412 |
| "PACE provider" has the same meaning as in 42 U.S.C. | 14413 |
| 1396u-4(a)(3). | 14414 |
| (B) Each month, the department of aging shall determine | 14415 |
| whether individuals who are on a waiting list for the PACE program | 14416 |
| have been admitted to a nursing facility. If the department | 14417 |
| determines that such an individual has been admitted to a nursing | 14418 |
| facility, the department shall notify the PACE provider serving | 14419 |
| the area in which the individual resides about the determination. | 14420 |
| The PACE provider shall determine whether the PACE program is | 14421 |
| appropriate for the individual and whether the individual would | 14422 |
| rather participate in the PACE program than continue residing in | 14423 |
| the nursing facility. If the PACE provider determines that the | 14424 |
| PACE program is appropriate for the individual and the individual | 14425 |
| would rather participate in the PACE program than continue | 14426 |
| residing in the nursing facility, the PACE provider shall so | 14427 |
| notify the department of aging. On receipt of the notice from the | 14428 |
| PACE provider, the department of aging shall approve the | 14429 |
| individual's enrollment in the PACE program in accordance with | 14430 |
| priorities established in rules adopted under section 173.50 of | 14431 |
| the Revised Code. Each quarter, the department of aging shall | 14432 |
| certify to the director of budget and management the estimated | 14433 |
| increase in costs of the PACE program resulting from enrollment of | 14434 |
| individuals in the PACE program pursuant to this section. | 14435 |
| Sec. 173.70. (A) The director of aging may enter into a | 14436 |
| contract with any person under which the person operates a program | 14437 |
| for the provision of outpatient prescription drug discounts to any | 14438 |
| or all of the following: | 14439 |
| (1) Individuals who are sixty years of age or older; | 14440 |
| (2) Individuals whose family incomes do not exceed three | 14441 |
| hundred per cent of the federal poverty guidelines, as revised | 14442 |
| annually by the United States department of health and human | 14443 |
| services in accordance with section 673(2) of the "Omnibus Budget | 14444 |
| Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as | 14445 |
| amended; | 14446 |
| (3) Individuals who are persons with disabilities, as defined | 14447 |
| in section 173.06 of the Revised Code. | 14448 |
| (B) The director may disclose to the person under contract | 14449 |
| information that identifies the individuals who participated in | 14450 |
| and individuals who applied for participation in the Ohio's best | 14451 |
| Rx program that was operated under former sections 173.71 to | 14452 |
| 173.91 of the Revised Code. | 14453 |
| Sec. 173.99. (A) A long-term care provider, person employed | 14454 |
| by a long-term care provider, other entity, or employee of such | 14455 |
| other entity that violates division (C) of section 173.24 of the | 14456 |
| Revised Code is subject to a fine not to exceed one thousand | 14457 |
| dollars for each violation. | 14458 |
| (B) Whoever violates division (C) of section 173.23 of the | 14459 |
| Revised Code is guilty of registering a false complaint, a | 14460 |
| misdemeanor of the first degree. | 14461 |
| (C) A long-term care provider, other entity, or person | 14462 |
| employed by a long-term care provider or other entity that | 14463 |
| violates division (E) of section 173.19 of the Revised Code by | 14464 |
| denying a representative of the office of the state long-term care | 14465 |
| ombudsperson program the access required by that division is | 14466 |
| subject to a fine not to exceed five hundred dollars for each | 14467 |
| violation. | 14468 |
| (D) Whoever violates division (C) of section 173.44 of the | 14469 |
| Revised Code is subject to a fine of one hundred dollars. | 14470 |
| | 14471 |
| 14472 |
| Sec. 174.02. (A) The low- and moderate-income housing trust | 14473 |
| fund is hereby created in the state treasury. The fund consists of | 14474 |
| all appropriations made to the fund, housing trust fund fees | 14475 |
| collected by county recorders pursuant to section 317.36 of the | 14476 |
| Revised Code and deposited into the fund pursuant to section | 14477 |
| 319.63 of the Revised Code, and all grants, gifts, loan | 14478 |
| repayments, and contributions of money made from any source to the | 14479 |
| department of development for deposit in the fund. All investment | 14480 |
| earnings of the fund shall be credited to the fund. The director | 14481 |
| of development shall allocate a portion of the money in the fund | 14482 |
| to an account of the Ohio housing finance agency. The department | 14483 |
| shall administer the fund. The agency shall use money allocated to | 14484 |
| it for implementing and administering its programs and duties | 14485 |
| under sections 174.03 and 174.05 of the Revised Code, and the | 14486 |
| department shall use the remaining money in the fund for | 14487 |
| implementing and administering its programs and duties under | 14488 |
| sections 174.03 to 174.06 of the Revised Code. Use of all money | 14489 |
| drawn from the fund is subject to the following restrictions: | 14490 |
| (1) | 14491 |
| 14492 | |
| 14493 | |
| 14494 | |
| 14495 | |
| 14496 | |
| 14497 | |
| 14498 |
| | 14499 |
| appropriation authority for the fund shall be allocated between | 14500 |
| grants to community development corporations for the community | 14501 |
| development corporation grant program and grants and loans to the | 14502 |
| Ohio community development finance fund, a private nonprofit | 14503 |
| corporation. | 14504 |
| (b) In any year in which the amount in the fund exceeds one | 14505 |
| hundred thousand dollars and at least that much is allocated for | 14506 |
| the uses described in this section, not less than one hundred | 14507 |
| thousand dollars shall be used to provide training, technical | 14508 |
| assistance, and capacity building assistance to nonprofit | 14509 |
| development organizations. | 14510 |
| | 14511 |
| appropriation authority for the fund shall be used for the | 14512 |
| emergency shelter housing grants program to make grants to | 14513 |
| private, nonprofit organizations and municipal corporations, | 14514 |
| counties, and townships for emergency shelter housing for the | 14515 |
| homeless and emergency shelter facilities serving unaccompanied | 14516 |
| youth seventeen years of age and younger. The grants shall be | 14517 |
| distributed pursuant to rules the director adopts and qualify as | 14518 |
| matching funds for funds obtained pursuant to the McKinney Act, | 14519 |
| 101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378. | 14520 |
| | 14521 |
|
exceeds the amount awarded pursuant to division (A) | 14522 |
| this section by at least two hundred fifty thousand dollars, at | 14523 |
| least two hundred fifty thousand dollars from the fund shall be | 14524 |
| provided to the department of aging for the resident services | 14525 |
| coordinator program as established in section 173.08 of the | 14526 |
| Revised Code. | 14527 |
| | 14528 |
| fund, not more than five per cent shall be used for | 14529 |
| administration. | 14530 |
| | 14531 |
| during any one fiscal year shall be for grants and loans to | 14532 |
| nonprofit organizations under section 174.03 of the Revised Code. | 14533 |
| | 14534 |
| during any one fiscal year, excluding the amounts awarded pursuant | 14535 |
|
to divisions (A)(1) | 14536 |
| for grants and loans for activities that provide housing and | 14537 |
| housing assistance to families and individuals in rural areas and | 14538 |
| small cities that are not eligible to participate as a | 14539 |
| participating jurisdiction under the "HOME Investment Partnerships | 14540 |
| Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721. | 14541 |
| | 14542 |
| 14543 | |
| 14544 |
| | 14545 |
| federal funds received by the state, counties, municipal | 14546 |
| corporations, and townships for the activities listed in section | 14547 |
| 174.03 of the Revised Code. | 14548 |
| (B) If, after the second quarter of any year, it appears to | 14549 |
| the director that the full amount of the money in the fund | 14550 |
| designated in that year for activities that provide housing and | 14551 |
| housing assistance to families and individuals in rural areas and | 14552 |
| small cities under division (A) of this section will not be used | 14553 |
| for that purpose, the director may reallocate all or a portion of | 14554 |
| that amount for other housing activities. In determining whether | 14555 |
| or how to reallocate money under this division, the director may | 14556 |
| consult with and shall receive advice from the housing trust fund | 14557 |
| advisory committee. | 14558 |
| Sec. 174.03. (A) The department of development and the Ohio | 14559 |
| housing finance agency shall each develop programs under which, in | 14560 |
| accordance with rules adopted under this section, they may make | 14561 |
| grants, loans, loan guarantees, and loan subsidies to counties, | 14562 |
| municipal corporations, townships, local housing authorities, and | 14563 |
| nonprofit organizations and may make loans, loan guarantees, and | 14564 |
| loan subsidies to private developers and private lenders to assist | 14565 |
| in activities that provide housing and housing assistance for | 14566 |
| specifically targeted low- and moderate-income families and | 14567 |
| individuals. There is no minimum housing project size for awards | 14568 |
| under this division for any project that is developed for a | 14569 |
| special needs population and that is supported by a social service | 14570 |
| agency where the housing project is located. Activities for which | 14571 |
| grants, loans, loan guarantees, and loan subsidies may be made | 14572 |
| under this section include all of the following: | 14573 |
| (1) Acquiring, financing, constructing, leasing, | 14574 |
| rehabilitating, remodeling, improving, and equipping publicly or | 14575 |
| privately owned housing; | 14576 |
| (2) Providing supportive services related to housing and the | 14577 |
| homeless, including housing counseling. Not more than twenty per | 14578 |
| cent of the current year appropriation authority for the low- and | 14579 |
| moderate-income housing trust fund that remains after the award of | 14580 |
|
funds made pursuant to divisions (A)(1) | 14581 |
| section 174.02 of the Revised Code, shall be awarded in any fiscal | 14582 |
| year for supportive services. | 14583 |
| (3) Providing rental assistance payments or other project | 14584 |
| operating subsidies that lower tenant rents; | 14585 |
| (4) Improving the quality of life of tenants by providing | 14586 |
| education for tenants and residents of manufactured home | 14587 |
| communities regarding their rights and responsibilities, planning | 14588 |
| and implementing activities designed to improve conflict | 14589 |
| resolution and the capacity of tenants to negotiate and mediate | 14590 |
| with landlords, and developing tenant and resident councils and | 14591 |
| organizations; | 14592 |
| (5) Promoting capacity building initiatives related to the | 14593 |
| creation of county housing trust funds. | 14594 |
| (B)
| 14595 |
| 14596 | |
| 14597 |
| | 14598 |
| made to counties, municipal corporations, townships, and nonprofit | 14599 |
| organizations for the additional purposes of providing technical | 14600 |
| assistance, design and finance services and consultation, and | 14601 |
| payment of pre-development and administrative costs related to any | 14602 |
| of the activities listed above. | 14603 |
| | 14604 |
| department and the agency shall invite, accept, and consider | 14605 |
| public comment, and recommendations from the housing trust fund | 14606 |
| advisory committee created under section 174.06 of the Revised | 14607 |
| Code, on how the programs should be designed to most effectively | 14608 |
| benefit low- and moderate-income families and individuals. The | 14609 |
| programs developed under this section shall respond collectively | 14610 |
| to housing and housing assistance needs of low- and | 14611 |
| moderate-income families and individuals statewide. | 14612 |
| | 14613 |
| Chapter 119. of the Revised Code, shall each adopt rules to | 14614 |
| administer programs developed under this section. The rules shall | 14615 |
| prescribe procedures and forms that counties, municipal | 14616 |
| corporations, townships, local housing authorities, and nonprofit | 14617 |
| organizations shall use in applying for grants, loans, loan | 14618 |
| guarantees, and loan subsidies and that private developers and | 14619 |
| private lenders shall use in applying for loans, loan guarantees, | 14620 |
| and loan subsidies; eligibility criteria for the receipt of funds; | 14621 |
| procedures for reviewing and granting or denying applications; | 14622 |
| procedures for paying out funds; conditions on the use of funds; | 14623 |
| procedures for monitoring the use of funds; and procedures under | 14624 |
| which a recipient shall be required to repay funds that are | 14625 |
| improperly used. The rules shall do both of the following: | 14626 |
| (1) Require each recipient of a grant or loan made from the | 14627 |
| low- and moderate-income housing trust fund for activities that | 14628 |
| provide, or assist in providing, a rental housing project, to | 14629 |
| reasonably ensure that the rental housing project will remain | 14630 |
| affordable to those families and individuals targeted for the | 14631 |
| rental housing project for the useful life of the rental housing | 14632 |
| project or for thirty years, whichever is longer; | 14633 |
| (2) Require each recipient of a grant or loan made from the | 14634 |
| low- and moderate-income housing trust fund for activities that | 14635 |
| provide, or assist in providing, a housing project to prepare and | 14636 |
| implement a plan to reasonably assist any families and individuals | 14637 |
| displaced by the housing project in obtaining decent affordable | 14638 |
| housing. | 14639 |
| | 14640 |
| the use of funds, neither the department nor the agency is limited | 14641 |
| to the criteria and conditions specified in this section and each | 14642 |
| may prescribe additional eligibility criteria and conditions that | 14643 |
| relate to the purposes for which grants, loans, loan guarantees, | 14644 |
| and loan subsidies may be made. However, the department and agency | 14645 |
| are limited by the following specifically targeted low- and | 14646 |
| moderate-income guidelines: | 14647 |
| (1) Not less than seventy-five per cent of the money granted | 14648 |
| and loaned under this section in any fiscal year shall be for | 14649 |
| activities that provide affordable housing and housing assistance | 14650 |
| to families and individuals whose incomes are equal to or less | 14651 |
| than fifty per cent of the median income for the county in which | 14652 |
| they live, as determined by the department under section 174.04 | 14653 |
| of the Revised Code. | 14654 |
| (2) Any money granted and loaned under this section in any | 14655 |
| fiscal year that is not granted or loaned pursuant to division | 14656 |
| (F)(1) of this section shall be for activities that provide | 14657 |
| affordable housing and housing assistance to families and | 14658 |
| individuals whose incomes are equal to or less than eighty per | 14659 |
| cent of the median income for the county in which they live, as | 14660 |
| determined by the department under section 174.04 of the Revised | 14661 |
| Code. | 14662 |
| | 14663 |
| subsidies under this section, the department and the agency shall | 14664 |
| give preference to viable projects and activities that benefit | 14665 |
| those families and individuals whose incomes are equal to or less | 14666 |
| than thirty-five per cent of the median income for the county in | 14667 |
| which they live, as determined by the department under section | 14668 |
| 174.04 of the Revised Code. | 14669 |
| | 14670 |
| programs developed under this section to ensure that money | 14671 |
| granted and loaned under this section is not used in a manner | 14672 |
| that violates division (H) of section 4112.02 of the Revised | 14673 |
| Code or discriminates against families with children. | 14674 |
| Sec. 174.06. (A) There is hereby created the housing trust | 14675 |
| fund advisory committee. The committee consists of fourteen | 14676 |
| members the governor appoints as follows to represent | 14677 |
| organizations committed to housing and housing assistance for low- | 14678 |
| and moderate-income persons: | 14679 |
| (1) One member to represent lenders. | 14680 |
| (2) One member to represent for-profit builders and | 14681 |
| developers. | 14682 |
| (3) One member to represent the families and individuals | 14683 |
| included in the income groups targeted for housing and housing | 14684 |
|
assistance under divisions (E) and (F) | 14685 |
| of the Revised Code. | 14686 |
| (4) One member to represent religious, civic, or social | 14687 |
| service organizations. | 14688 |
| (5) One member to represent counties. | 14689 |
| (6) One member to represent municipal corporations. | 14690 |
| (7) One member to represent townships. | 14691 |
| (8) One member to represent local housing authorities. | 14692 |
| (9) One member to represent fair housing organizations. | 14693 |
| (10) Three members to represent nonprofit organizations. | 14694 |
| (11) One member to represent real estate brokers licensed | 14695 |
| under Chapter 4735. of the Revised Code. | 14696 |
| (12) One member to represent the for-profit rental housing | 14697 |
| industry. | 14698 |
| (B)(1) Terms of office are for four years, with each term | 14699 |
| ending on the same day of the same month as did the term that it | 14700 |
| succeeds. Each member shall hold office from the date of | 14701 |
| appointment until the end of the term for which the member was | 14702 |
| appointed. Vacancies shall be filled in the manner prescribed for | 14703 |
| the original appointment. A member appointed to fill a vacancy | 14704 |
| occurring prior to the expiration of a term shall hold office for | 14705 |
| the remainder of that term. A member shall continue in office | 14706 |
| subsequent to the expiration of a term until a successor takes | 14707 |
| office or until a period of sixty days has elapsed, whichever | 14708 |
| occurs first. | 14709 |
| (2) The governor may remove a member for misfeasance, | 14710 |
| malfeasance, or willful neglect of duty. | 14711 |
| (C)(1) The committee shall select a chairperson from among | 14712 |
| its members. The committee shall meet at least once each calendar | 14713 |
| year and upon the call of the chair. Members of the committee | 14714 |
| serve without compensation, but shall be reimbursed for reasonable | 14715 |
| and necessary expenses incurred in the discharge of duties. | 14716 |
| (2) The department of development shall provide the committee | 14717 |
| with a meeting place, supplies, and staff assistance as the | 14718 |
| committee requests. | 14719 |
| (D) The committee shall assist the department and the Ohio | 14720 |
| housing finance agency in defining housing needs and priorities, | 14721 |
| recommend to the department and agency at least annually how the | 14722 |
| programs developed under section 174.02 of the Revised Code should | 14723 |
| be designed to most effectively benefit low- and moderate-income | 14724 |
| persons, consider an allocation of funds for projects of fifteen | 14725 |
| units or less, and advise the director of development on whether | 14726 |
| and how to reallocate money in the low- and moderate-income | 14727 |
| housing trust fund under division (B) of section 174.02 of the | 14728 |
| Revised Code. | 14729 |
| Sec. 176.05. (A)(1) Notwithstanding any provision of law to | 14730 |
| the contrary, the rate of wages payable for the various | 14731 |
| occupations covered by sections 4115.03 to 4115.16 of the Revised | 14732 |
| Code to persons employed on a project who are not any of the | 14733 |
| following shall be determined according to this section: | 14734 |
| (a) Qualified volunteers; | 14735 |
| (b) Persons required to participate in a work activity, | 14736 |
| developmental activity, or alternative work activity under | 14737 |
| sections 5107.40 to 5107.69 of the Revised Code except those | 14738 |
| engaged in paid employment or subsidized employment pursuant to | 14739 |
| the activity; | 14740 |
| (c) | 14741 |
| benefit recipients required to participate in employment and | 14742 |
| training activities established by rules adopted under section | 14743 |
| 5101.54 of the Revised Code. | 14744 |
| An association representing the general contractors or | 14745 |
| subcontractors that engage in the business of residential | 14746 |
| construction in a certain locality shall negotiate with the | 14747 |
| applicable building and construction trades council in that | 14748 |
| locality an agreement or understanding that sets forth the | 14749 |
| residential prevailing rate of wages, payable on projects in that | 14750 |
| locality, for each of the occupations employed on those projects. | 14751 |
| (2) Notwithstanding any residential prevailing rate of wages | 14752 |
| established prior to July 1, 1995, if, by October 1, 1995, the | 14753 |
| parties are unable to agree under division (A)(1) of this section | 14754 |
| as to the rate of wages payable for each occupation covered by | 14755 |
| sections 4115.03 to 4115.16 of the Revised Code, the director of | 14756 |
| commerce shall establish the rate of wages payable for each | 14757 |
| occupation. | 14758 |
| (3) The residential prevailing rate of wages established | 14759 |
| under division (A)(1) or (2) of this section shall not be equal to | 14760 |
| or greater than the prevailing rate of wages determined by the | 14761 |
| director pursuant to sections 4115.03 to 4115.16 of the Revised | 14762 |
| Code for any of the occupations covered by those sections. | 14763 |
| (B) Except for the prevailing rate of wages determined by the | 14764 |
| director pursuant to sections 4115.03 to 4115.16 of the Revised | 14765 |
| Code, those sections and section 4115.99 of the Revised Code apply | 14766 |
| to projects. | 14767 |
| (C) The residential prevailing rate of wages established | 14768 |
| under division (A) of this section is not payable to any | 14769 |
| individual or member of that individual's family who provides | 14770 |
| labor in exchange for acquisition of the property for | 14771 |
| homeownership or who provides labor in place of or as a supplement | 14772 |
| to any rental payments for the property. | 14773 |
| (D) For the purposes of this section: | 14774 |
| (1) "Project" means any construction, rehabilitation, | 14775 |
| remodeling, or improvement of residential housing, whether on a | 14776 |
| single or multiple site for which a person, as defined in section | 14777 |
| 1.59 of the Revised Code, or municipal corporation, county, or | 14778 |
| township receives financing, that is financed in whole or in part | 14779 |
| from state moneys or pursuant to this chapter, section 133.51 or | 14780 |
| 307.698 of the Revised Code, or Chapter 174. or 175. of the | 14781 |
| Revised Code, except for any of the following: | 14782 |
| (a) The single-family mortgage revenue bonds homeownership | 14783 |
| program under Chapter 175. of the Revised Code, including | 14784 |
| owner-occupied dwellings of one to four units; | 14785 |
| (b) Projects consisting of fewer than six units developed by | 14786 |
| any entity that is not a nonprofit organization exempt from | 14787 |
| federal income tax under section 501(c)(3) of the Internal Revenue | 14788 |
| Code; | 14789 |
| (c) Projects of fewer than twenty-five units developed by any | 14790 |
| nonprofit organization that is exempt from federal income tax | 14791 |
| under section 501(c)(3) of the Internal Revenue Code; | 14792 |
| (d) Programs undertaken by any municipal corporation, county, | 14793 |
| or township, including lease-purchase programs, using mortgage | 14794 |
| revenue bond financing; | 14795 |
| (e) Any individual project, that is sponsored or developed by | 14796 |
| a nonprofit organization that is exempt from federal income tax | 14797 |
| under section 501(c)(3) of the Internal Revenue Code, for which | 14798 |
| the federal government or any of its agencies furnishes by loan, | 14799 |
| grant, low-income housing tax credit, or insurance more than | 14800 |
| twelve per cent of the costs of the project. For purposes of | 14801 |
| division (D)(2)(e) of this section, the value of the low-income | 14802 |
| housing tax credits shall be calculated as the proceeds from the | 14803 |
| sale of the tax credits, less the costs of the sale. | 14804 |
| As used in division (D)(1)(e) of this section, "sponsored" | 14805 |
| means that a general partner of a limited partnership owning the | 14806 |
| project or a managing member of a limited liability company owning | 14807 |
| the project is either a nonprofit organization that is exempt from | 14808 |
| federal income tax under section 501(c)(3) of the Internal Revenue | 14809 |
| Code or a person, as defined in section 1.59 of the Revised Code, | 14810 |
| or a limited liability company in which such a nonprofit | 14811 |
| organization maintains controlling interest. For purposes of this | 14812 |
| division, a general partner of a limited partnership that is a | 14813 |
| nonprofit organization described under this division is not | 14814 |
| required to be the sole general partner in the limited | 14815 |
| partnership, and a managing member of a limited liability company | 14816 |
| that is a nonprofit organization described under this division is | 14817 |
| not required to be the sole managing member in the limited | 14818 |
| liability company. | 14819 |
| Nothing in division (D)(1)(e) of this section shall be | 14820 |
| construed as permitting unrelated projects to be combined for the | 14821 |
| sole purpose of determining the total percentage of project costs | 14822 |
| furnished by the federal government or any of its agencies. | 14823 |
| (2) A "project" is a "public improvement" and the state or a | 14824 |
| political subdivision that undertakes or participates in the | 14825 |
| financing of a project is a "public authority," as both of the | 14826 |
| last two terms are defined in section 4115.03 of the Revised Code. | 14827 |
| (3) "Qualified volunteers" are volunteers who are working | 14828 |
| without compensation for a nonprofit organization that is exempt | 14829 |
| from federal income tax under section 501(c)(3) of the Internal | 14830 |
| Revenue Code, and that is providing housing or housing assistance | 14831 |
| only to families and individuals in a county whose incomes are not | 14832 |
| greater than one hundred forty per cent of the median income of | 14833 |
| that county as determined under section 174.04 of the Revised | 14834 |
| Code. | 14835 |
| Sec. 307.626. (A) By the first day of April of each year, | 14836 |
| the person convening the child fatality review board shall prepare | 14837 |
|
and submit
to the Ohio department of health a report that | 14838 |
| 14839 | |
| the child | 14840 |
| in the previous calendar year: | 14841 |
| (1) The cause of death; | 14842 |
| (2) Factors contributing to death; | 14843 |
| (3) Age; | 14844 |
| (4) Sex; | 14845 |
| (5) Race; | 14846 |
| (6) The geographic location of death; | 14847 |
| (7) The year of death. | 14848 |
| The report shall specify the number of child deaths that | 14849 |
| 14850 | |
| not reviewed during the previous calendar year. | 14851 |
| The report may include recommendations for actions that might | 14852 |
| prevent other deaths, as well as any other information the review | 14853 |
| board determines should be included. | 14854 |
| (B) Reports prepared under division (A) of this section shall | 14855 |
| be considered public records under section 149.43 of the Revised | 14856 |
| Code. | 14857 |
| (C) The child fatality review board shall submit individual | 14858 |
| data with respect to each child death review into the Ohio | 14859 |
| department of health child death review database or the national | 14860 |
| child death review database. The individual data shall include the | 14861 |
| information specified in division (A) of this section and any | 14862 |
| other information the board considers relevant to the review. | 14863 |
| Individual data related to a child death review that is contained | 14864 |
| in the Ohio department of health child death review database is | 14865 |
| not a public record under section 149.43 of the Revised Code. | 14866 |
| Sec. 307.629. (A) Except as provided in sections 5153.171 to | 14867 |
| 5153.173 of the Revised Code, any information, document, or report | 14868 |
| presented to a child fatality review board, all statements made by | 14869 |
|
review
board members
during meetings of the review board, | 14870 |
| work products of the review board, and child fatality review data | 14871 |
| submitted by the child fatality review board to the department of | 14872 |
| health or a national child death review database, other than the | 14873 |
| report prepared pursuant to division (A) of section 307.626 of the | 14874 |
| Revised Code, are confidential and shall be used by the review | 14875 |
|
board | 14876 |
| exercise of the proper functions of the review board and the | 14877 |
| department. | 14878 |
| (B) No person shall permit or encourage the unauthorized | 14879 |
| dissemination of the confidential information described in | 14880 |
| division (A) of this section. | 14881 |
| (C) Whoever violates division (B) of this section is guilty | 14882 |
| of a misdemeanor of the second degree. | 14883 |
| Sec. 307.79. (A) The board of county commissioners may | 14884 |
| adopt, amend, and rescind rules establishing technically feasible | 14885 |
| and economically reasonable standards to achieve a level of | 14886 |
| management and conservation practices that will abate wind or | 14887 |
| water erosion of the soil or abate the degradation of the waters | 14888 |
| of the state by soil sediment in conjunction with land grading, | 14889 |
| excavating, filling, or other soil disturbing activities on land | 14890 |
| used or being developed for nonfarm commercial, industrial, | 14891 |
| residential, or other nonfarm purposes, and establish criteria for | 14892 |
| determination of the acceptability of those management and | 14893 |
| conservation practices. The rules shall be designed to implement | 14894 |
| the applicable areawide waste treatment management plan prepared | 14895 |
| under section 208 of the "Federal Water Pollution Control Act," 86 | 14896 |
| Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement | 14897 |
| phase II of the storm water program of the national pollutant | 14898 |
| discharge elimination system established in 40 C.F.R. Part 122. | 14899 |
| The rules to implement phase II of the storm water program of the | 14900 |
| national pollutant discharge elimination system shall not be | 14901 |
| inconsistent with, more stringent than, or broader in scope than | 14902 |
| the rules or regulations adopted by the environmental protection | 14903 |
| agency under 40 C.F.R. Part 122. The rules adopted under this | 14904 |
| section shall not apply inside the limits of municipal | 14905 |
| corporations or the limits of townships with a limited home rule | 14906 |
| government that have adopted rules under section 504.21 of the | 14907 |
| Revised Code, to lands being used in a strip mine operation as | 14908 |
| defined in section 1513.01 of the Revised Code, or to land being | 14909 |
| used in a surface mine operation as defined in section 1514.01 of | 14910 |
| the Revised Code. | 14911 |
| The rules adopted under this section may require persons to | 14912 |
| file plans governing erosion control, sediment control, and water | 14913 |
| management before clearing, grading, excavating, filling, or | 14914 |
| otherwise wholly or partially disturbing one or more contiguous | 14915 |
| acres of land owned by one person or operated as one development | 14916 |
| unit for the construction of nonfarm buildings, structures, | 14917 |
| utilities, recreational areas, or other similar nonfarm uses. If | 14918 |
| the rules require plans to be filed, the rules shall do all of the | 14919 |
| following: | 14920 |
| (1) Designate the board itself, its employees, or another | 14921 |
| agency or official to review and approve or disapprove the plans; | 14922 |
| (2) Establish procedures and criteria for the review and | 14923 |
| approval or disapproval of the plans; | 14924 |
| (3) Require the designated entity to issue a permit to a | 14925 |
| person for the clearing, grading, excavating, filling, or other | 14926 |
| project for which plans are approved and to deny a permit to a | 14927 |
| person whose plans have been disapproved; | 14928 |
| (4) Establish procedures for the issuance of the permits; | 14929 |
| (5) Establish procedures under which a person may appeal the | 14930 |
| denial of a permit. | 14931 |
| Areas of less than one contiguous acre shall not be exempt | 14932 |
| from compliance with other provisions of this section or rules | 14933 |
| adopted under this section. The rules adopted under this section | 14934 |
| may impose reasonable filing fees for plan review, permit | 14935 |
| processing, and field inspections. | 14936 |
| No permit or plan shall be required for a public highway, | 14937 |
| transportation, or drainage improvement or maintenance project | 14938 |
| undertaken by a government agency or political subdivision in | 14939 |
| accordance with a statement of its standard sediment control | 14940 |
| policies that is approved by the board or the chief of the | 14941 |
|
division of soil and water
| 14942 |
| department of natural resources. | 14943 |
| (B) Rules or amendments may be adopted under this section | 14944 |
| only after public hearings at not fewer than two regular sessions | 14945 |
| of the board. The board of county commissioners shall cause to be | 14946 |
| published, in a newspaper of general circulation in the county, | 14947 |
| notice of the public hearings, including time, date, and place, | 14948 |
| once a week for two weeks immediately preceding the hearings. The | 14949 |
| proposed rules or amendments shall be made available by the board | 14950 |
| to the public at the board office or other location indicated in | 14951 |
| the notice. The rules or amendments shall take effect on the | 14952 |
| thirty-first day following the date of their adoption. | 14953 |
| (C) The board of county commissioners may employ personnel to | 14954 |
| assist in the administration of this section and the rules adopted | 14955 |
| under it. The board also, if the action does not conflict with the | 14956 |
| rules, may delegate duties to review sediment control and water | 14957 |
| management plans to its employees, and may enter into agreements | 14958 |
| with one or more political subdivisions, other county officials, | 14959 |
| or other government agencies, in any combination, in order to | 14960 |
| obtain reviews and comments on plans governing erosion control, | 14961 |
| sediment control, and water management or to obtain other services | 14962 |
| for the administration of the rules adopted under this section. | 14963 |
| (D) The board of county commissioners or any duly authorized | 14964 |
| representative of the board may, upon identification to the owner | 14965 |
| or person in charge, enter any land upon obtaining agreement with | 14966 |
| the owner, tenant, or manager of the land in order to determine | 14967 |
| whether there is compliance with the rules adopted under this | 14968 |
| section. If the board or its duly authorized representative is | 14969 |
| unable to obtain such an agreement, the board or representative | 14970 |
| may apply for, and a judge of the court of common pleas for the | 14971 |
| county where the land is located may issue, an appropriate | 14972 |
| inspection warrant as necessary to achieve the purposes of this | 14973 |
| chapter. | 14974 |
| (E)(1) If the board of county commissioners or its duly | 14975 |
| authorized representative determines that a violation of the rules | 14976 |
| adopted under this section exists, the board or representative may | 14977 |
| issue an immediate stop work order if the violator failed to | 14978 |
| obtain any federal, state, or local permit necessary for sediment | 14979 |
| and erosion control, earth movement, clearing, or cut and fill | 14980 |
| activity. In addition, if the board or representative determines | 14981 |
| such a rule violation exists, regardless of whether or not the | 14982 |
| violator has obtained the proper permits, the board or | 14983 |
| representative may authorize the issuance of a notice of | 14984 |
| violation. If, after a period of not less than thirty days has | 14985 |
| elapsed following the issuance of the notice of violation, the | 14986 |
| violation continues, the board or its duly authorized | 14987 |
| representative shall issue a second notice of violation. Except as | 14988 |
| provided in division (E)(3) of this section, if, after a period of | 14989 |
| not less than fifteen days has elapsed following the issuance of | 14990 |
| the second notice of violation, the violation continues, the board | 14991 |
| or its duly authorized representative may issue a stop work order | 14992 |
| after first obtaining the written approval of the prosecuting | 14993 |
| attorney of the county if, in the opinion of the prosecuting | 14994 |
| attorney, the violation is egregious. | 14995 |
| Once a stop work order is issued, the board or its duly | 14996 |
| authorize representative shall request, in writing, the | 14997 |
| prosecuting attorney of the county to seek an injunction or other | 14998 |
| appropriate relief in the court of common pleas to abate excessive | 14999 |
| erosion or sedimentation and secure compliance with the rules | 15000 |
| adopted under this section. If the prosecuting attorney seeks an | 15001 |
| injunction or other appropriate relief, then, in granting relief, | 15002 |
| the court of common pleas may order the construction of sediment | 15003 |
| control improvements or implementation of other control measures | 15004 |
| and may assess a civil fine of not less than one hundred or more | 15005 |
| than five hundred dollars. Each day of violation of a rule or stop | 15006 |
| work order issued under this section shall be considered a | 15007 |
| separate violation subject to a civil fine. | 15008 |
| (2) The person to whom a stop work order is issued under this | 15009 |
| section may appeal the order to the court of common pleas of the | 15010 |
| county in which it was issued, seeking any equitable or other | 15011 |
| appropriate relief from that order. | 15012 |
| (3) No stop work order shall be issued under this section | 15013 |
| against any public highway, transportation, or drainage | 15014 |
| improvement or maintenance project undertaken by a government | 15015 |
| agency or political subdivision in accordance with a statement of | 15016 |
| its standard sediment control policies that is approved by the | 15017 |
|
board or the chief of the division of soil and water | 15018 |
| resources in the department of natural resources. | 15019 |
| (F) No person shall violate any rule adopted or order issued | 15020 |
| under this section. Notwithstanding division (E) of this section, | 15021 |
| if the board of county commissioners determines that a violation | 15022 |
| of any rule adopted or administrative order issued under this | 15023 |
| section exists, the board may request, in writing, the prosecuting | 15024 |
| attorney of the county to seek an injunction or other appropriate | 15025 |
| relief in the court of common pleas to abate excessive erosion or | 15026 |
| sedimentation and secure compliance with the rules or order. In | 15027 |
| granting relief, the court of common pleas may order the | 15028 |
| construction of sediment control improvements or implementation of | 15029 |
| other control measures and may assess a civil fine of not less | 15030 |
| than one hundred or more than five hundred dollars. Each day of | 15031 |
| violation of a rule adopted or administrative order issued under | 15032 |
| this section shall be considered a separate violation subject to a | 15033 |
| civil fine. | 15034 |
| Sec. 311.17. Except as provided in a contract entered into | 15035 |
| under division (A) of section 3125.141 of the Revised Code, for | 15036 |
| the services specified in this section, the sheriff shall charge | 15037 |
| the following fees, which the court or its clerk shall tax in the | 15038 |
| bill of costs against the judgment debtor or those legally liable | 15039 |
| therefor for the judgment: | 15040 |
| (A) For the service and return of the following writs and | 15041 |
| orders: | 15042 |
| (1) Execution: | 15043 |
| (a) When money is paid without levy or when no property is | 15044 |
|
found, | 15045 |
| (b) When levy is made on real property, for the first tract, | 15046 |
| twenty-five dollars, and for each additional tract, ten dollars; | 15047 |
| (c) When levy is made on goods and chattels, including | 15048 |
| inventory, fifty dollars. | 15049 |
| (2) Writ of attachment of property, except for purpose of | 15050 |
| garnishment, forty dollars; | 15051 |
| (3) Writ of attachment for the purpose of garnishment, ten | 15052 |
| dollars; | 15053 |
| (4) Writ of replevin, forty dollars; | 15054 |
| (5) Warrant to arrest, for each person named in the writ,
| 15055 |
| twenty dollars; | 15056 |
| (6) Attachment for contempt, for each person named in the | 15057 |
| writ, six dollars; | 15058 |
| (7) Writ of possession or restitution, sixty dollars; | 15059 |
| (8) Subpoena, for each person named in the writ, in either a | 15060 |
|
civil or criminal case, | 15061 |
| (9) Venire, for each person named in the writ, in either a | 15062 |
| civil or criminal case, six dollars; | 15063 |
| (10) Summoning each juror, other than on venire, in either a | 15064 |
| civil or criminal case, six dollars; | 15065 |
| (11) Writ of partition, twenty-five dollars; | 15066 |
| (12) Order of sale on partition, for the first tract, fifty | 15067 |
| dollars, and for each additional tract, twenty-five dollars; | 15068 |
| (13) Other order of sale of real property, for the first | 15069 |
| tract, fifty dollars, and for each additional tract, twenty-five | 15070 |
| dollars; | 15071 |
| (14) Administering oath to appraisers, three dollars each; | 15072 |
| (15) Furnishing copies for advertisements, one dollar for | 15073 |
| each hundred words; | 15074 |
| (16) Copy of indictment, for each defendant, five dollars; | 15075 |
| (17) All summons, writs, orders, or notices, for the first | 15076 |
| name, six dollars, and for each additional name, one dollar. | 15077 |
| (B) In addition to the fee for service and return: | 15078 |
| (1) On each summons, writ, order, or notice, a fee of
| 15079 |
| 15080 | |
| one dollar per mile for each additional mile, going and returning, | 15081 |
| actual mileage to be charged on each additional name; | 15082 |
| (2) Taking bail bond, three dollars; | 15083 |
| (3) Jail fees, as follows: | 15084 |
| (a) For receiving a prisoner, five dollars each time a | 15085 |
| prisoner is received, and for discharging or surrendering a | 15086 |
| prisoner, five dollars each time a prisoner is discharged or | 15087 |
| surrendered. The departure or return of a prisoner from or to a | 15088 |
| jail in connection with a program established under section | 15089 |
| 5147.28 of the Revised Code is not a receipt, discharge, or | 15090 |
| surrender of the prisoner for purposes of this division. | 15091 |
| (b) Taking a prisoner before a judge or court, per day, five | 15092 |
| dollars; | 15093 |
| (c) Calling action, one dollar; | 15094 |
| (d) Calling jury, three dollars; | 15095 |
| (e) Calling each witness, three dollars; | 15096 |
| (f) Bringing prisoner before court on habeas corpus, six | 15097 |
| dollars. | 15098 |
| (4) Poundage on all moneys actually made and paid to the | 15099 |
| sheriff on execution, decree, or sale of real estate, one and | 15100 |
| one-half per cent; | 15101 |
| (5) Making and executing a deed of land sold on execution, | 15102 |
| decree, or order of the court, to be paid by the purchaser, fifty | 15103 |
| dollars. | 15104 |
| When any of the services described in division (A) or (B) of | 15105 |
| this section are rendered by an officer or employee, whose salary | 15106 |
| or per diem compensation is paid by the county, the applicable | 15107 |
| legal fees and any other extraordinary expenses, including | 15108 |
| overtime, provided for the service shall be taxed in the costs in | 15109 |
| the case and, when collected, shall be paid into the general fund | 15110 |
| of the county. | 15111 |
| The sheriff shall charge the same fees for the execution of | 15112 |
| process issued in any other state as the sheriff charges for the | 15113 |
| execution of process of a substantively similar nature that is | 15114 |
| issued in this state. | 15115 |
| Sec. 311.32. (A) A sheriff or deputy sheriff who is trained | 15116 |
| in the same manner as uniformed employees of the motor carrier | 15117 |
| enforcement unit created under section 5503.34 of the Revised | 15118 |
| Code may, to the same extent as those employees, enforce | 15119 |
| compliance with any provision of Chapters 4919., 4921., and 4923. | 15120 |
| of the Revised Code or of a rule or order adopted or issued by the | 15121 |
| commission under those chapters regarding commercial motor | 15122 |
| vehicle transportation safety, economic, and hazardous materials | 15123 |
| requirements. | 15124 |
| (B)(1) A sheriff or deputy sheriff under division (A) of this | 15125 |
| section shall do both of the following: | 15126 |
| (a) Cooperate with the public utilities commission in | 15127 |
| carrying out that division and in enforcing any other applicable | 15128 |
| laws; | 15129 |
| (b) Comply with any rules adopted pursuant to section 4919.80 | 15130 |
| of the Revised Code. | 15131 |
| (2) A uniformed sheriff or deputy sheriff under division (A) | 15132 |
| of this section may stop commercial motor vehicles for the | 15133 |
| purpose of inspecting those vehicles in carrying out that | 15134 |
| division. | 15135 |
| Sec. 319.301. (A) | 15136 |
|
(D) of this section | 15137 |
| (1) Taxes levied at whatever rate is required to produce a | 15138 |
| specified amount of tax money, including a tax levied under | 15139 |
| section 5705.199 or 5705.211 of the Revised Code, or an amount to | 15140 |
| pay debt charges; | 15141 |
| (2) Taxes levied within the one per cent limitation imposed | 15142 |
| by Section 2 of Article XII, Ohio Constitution; | 15143 |
| (3) Taxes provided for by the charter of a municipal | 15144 |
| corporation. | 15145 |
| (B) As used in this section: | 15146 |
| (1) "Real property" includes real property owned by a | 15147 |
| railroad. | 15148 |
| (2) "Carryover property" means all real property on the | 15149 |
| current year's tax list except: | 15150 |
| (a) Land and improvements that were not taxed by the district | 15151 |
| in both the preceding year and the current year; | 15152 |
| (b) Land and improvements that were not in the same class in | 15153 |
| both the preceding year and the current year. | 15154 |
| (3) "Effective tax rate" means with respect to each class of | 15155 |
| property: | 15156 |
| (a) The sum of the total taxes that would have been charged | 15157 |
| and payable for current expenses against real property in that | 15158 |
| class if each of the district's taxes were reduced for the current | 15159 |
| year under division (D)(1) of this section without regard to the | 15160 |
| application of division (E)(3) of this section divided by | 15161 |
| (b) The taxable value of all real property in that class. | 15162 |
| (4) "Taxes charged and payable" means the taxes charged and | 15163 |
| payable prior to any reduction required by section 319.302 of the | 15164 |
| Revised Code. | 15165 |
| (C) The tax commissioner shall make the determinations | 15166 |
| required by this section each year, without regard to whether a | 15167 |
| taxing district has territory in a county to which section 5715.24 | 15168 |
| of the Revised Code applies for that year. Separate determinations | 15169 |
| shall be made for each of the two classes established pursuant to | 15170 |
| section 5713.041 of the Revised Code. | 15171 |
| (D) With respect to each tax authorized to be levied by each | 15172 |
| taxing district, the tax commissioner, annually, shall do both of | 15173 |
| the following: | 15174 |
| (1) Determine by what percentage, if any, the sums levied by | 15175 |
| such tax against the carryover property in each class would have | 15176 |
| to be reduced for the tax to levy the same number of dollars | 15177 |
| against such property in that class in the current year as were | 15178 |
| charged against such property by such tax in the preceding year | 15179 |
| subsequent to the reduction made under this section but before the | 15180 |
| reduction made under section 319.302 of the Revised Code. In the | 15181 |
| case of a tax levied for the first time that is not a renewal of | 15182 |
| an existing tax, the commissioner shall determine by what | 15183 |
| percentage the sums that would otherwise be levied by such tax | 15184 |
| against carryover property in each class would have to be reduced | 15185 |
| to equal the amount that would have been levied if the full rate | 15186 |
| thereof had been imposed against the total taxable value of such | 15187 |
| property in the preceding tax year. A tax or portion of a tax that | 15188 |
| is designated a replacement levy under section 5705.192 of the | 15189 |
| Revised Code is not a renewal of an existing tax for purposes of | 15190 |
| this division. | 15191 |
| (2) Certify each percentage determined in division (D)(1) of | 15192 |
| this section, as adjusted under division (E) of this section, and | 15193 |
| the class of property to which that percentage applies to the | 15194 |
| auditor of each county in which the district has territory. The | 15195 |
| auditor, after complying with section 319.30 of the Revised Code, | 15196 |
| shall reduce the sum to be levied by such tax against each parcel | 15197 |
| of real property in the district by the percentage so certified | 15198 |
| for its class. Certification shall be made by the first day of | 15199 |
| September except in the case of a tax levied for the first time, | 15200 |
| in which case certification shall be made within fifteen days of | 15201 |
| the date the county auditor submits the information necessary to | 15202 |
| make the required determination. | 15203 |
| (E)(1) As used in division (E)(2) of this section, "pre-1982 | 15204 |
| joint vocational taxes" means, with respect to a class of | 15205 |
| property, the difference between the following amounts: | 15206 |
| (a) The taxes charged and payable in tax year 1981 against | 15207 |
| the property in that class for the current expenses of the joint | 15208 |
| vocational school district of which the school district is a part | 15209 |
| after making all reductions under this section; | 15210 |
| (b) The following percentage of the taxable value of all real | 15211 |
| property in that class: | 15212 |
| (i) In 1987, five one-hundredths of one per cent; | 15213 |
| (ii) In 1988, one-tenth of one per cent; | 15214 |
| (iii) In 1989, fifteen one-hundredths of one per cent; | 15215 |
| (iv) In 1990 and each subsequent year, two-tenths of one per | 15216 |
| cent. | 15217 |
| If the amount in division (E)(1)(b) of this section exceeds | 15218 |
| the amount in division (E)(1)(a) of this section, the pre-1982 | 15219 |
| joint vocational taxes shall be zero. | 15220 |
| As used in divisions (E)(2) and (3) of this section, "taxes | 15221 |
| charged and payable" has the same meaning as in division (B)(4) of | 15222 |
| this section and excludes any tax charged and payable in 1985 or | 15223 |
| thereafter under sections 5705.194 to 5705.197 or section 5705.199 | 15224 |
| 15225 |
| (2) If in the case of a school district other than a joint | 15226 |
| vocational or cooperative education school district any percentage | 15227 |
| required to be used in division (D)(2) of this section for either | 15228 |
| class of property could cause the total taxes charged and payable | 15229 |
| for current expenses to be less than two per cent of the taxable | 15230 |
| value of all real property in that class that is subject to | 15231 |
| taxation by the district, the commissioner shall determine what | 15232 |
| percentages would cause the district's total taxes charged and | 15233 |
| payable for current expenses against that class, after all | 15234 |
| reductions that would otherwise be made under this section, to | 15235 |
| equal, when combined with the pre-1982 joint vocational taxes | 15236 |
| against that class, the lesser of the following: | 15237 |
| (a) The sum of the rates at which those taxes are authorized | 15238 |
| to be levied; | 15239 |
| (b) Two per cent of the taxable value of the property in that | 15240 |
| class. The auditor shall use such percentages in making the | 15241 |
| reduction required by this section for that class. | 15242 |
| (3)(a) If in the case of a joint vocational school district | 15243 |
| any percentage required to be used in division (D)(2) of this | 15244 |
| section for either class of property could cause the total taxes | 15245 |
| charged and payable for current expenses for that class to be less | 15246 |
| than the designated amount, the commissioner shall determine what | 15247 |
| percentages would cause the district's total taxes charged and | 15248 |
| payable for current expenses for that class, after all reductions | 15249 |
| that would otherwise be made under this section, to equal the | 15250 |
| designated amount. The auditor shall use such percentages in | 15251 |
| making the reductions required by this section for that class. | 15252 |
| (b) As used in division (E)(3)(a) of this section, the | 15253 |
| designated amount shall equal the taxable value of all real | 15254 |
| property in the class that is subject to taxation by the district | 15255 |
| times the lesser of the following: | 15256 |
| (i) Two-tenths of one per cent; | 15257 |
| (ii) The district's effective rate plus the following | 15258 |
| percentage for the year indicated: | 15259 |
| WHEN COMPUTING THE | ADD THE FOLLOWING | 15260 | |||
| TAXES CHARGED FOR | PERCENTAGE: | 15261 | |||
| 1987 | 0.025% | 15262 | |||
| 1988 | 0.05% | 15263 | |||
| 1989 | 0.075% | 15264 | |||
| 1990 | 0.1% | 15265 | |||
| 1991 | 0.125% | 15266 | |||
| 1992 | 0.15% | 15267 | |||
| 1993 | 0.175% | 15268 | |||
| 1994 and thereafter | 0.2% | 15269 |
| (F) No reduction shall be made under this section in the rate | 15270 |
| at which any tax is levied. | 15271 |
| (G) The commissioner may order a county auditor to furnish | 15272 |
| any information the commissioner needs to make the determinations | 15273 |
| required under division (D) or (E) of this section, and the | 15274 |
| auditor shall supply the information in the form and by the date | 15275 |
| specified in the order. If the auditor fails to comply with an | 15276 |
| order issued under this division, except for good cause as | 15277 |
| determined by the commissioner, the commissioner shall withhold | 15278 |
| from such county or taxing district therein fifty per cent of | 15279 |
| state revenues to local governments pursuant to section 5747.50 of | 15280 |
| the Revised Code or shall direct the department of education to | 15281 |
| withhold therefrom fifty per cent of state revenues to school | 15282 |
|
districts pursuant to
| 15283 |
| Revised Code. The commissioner shall withhold the distribution of | 15284 |
| such revenues until the county auditor has complied with this | 15285 |
| division, and the department shall withhold the distribution of | 15286 |
| such revenues until the commissioner has notified the department | 15287 |
| that the county auditor has complied with this division. | 15288 |
| (H) If the commissioner is unable to certify a tax reduction | 15289 |
| factor for either class of property in a taxing district located | 15290 |
| in more than one county by the last day of November because | 15291 |
| information required under division (G) of this section is | 15292 |
| unavailable, the commissioner may compute and certify an estimated | 15293 |
| tax reduction factor for that district for that class. The | 15294 |
| estimated factor shall be based upon an estimate of the | 15295 |
| unavailable information. Upon receipt of the actual information | 15296 |
| for a taxing district that received an estimated tax reduction | 15297 |
| factor, the commissioner shall compute the actual tax reduction | 15298 |
| factor and use that factor to compute the taxes that should have | 15299 |
| been charged and payable against each parcel of property for the | 15300 |
| year for which the estimated reduction factor was used. The amount | 15301 |
| by which the estimated factor resulted in an overpayment or | 15302 |
| underpayment in taxes on any parcel shall be added to or | 15303 |
| subtracted from the amount due on that parcel in the ensuing tax | 15304 |
| year. | 15305 |
| A percentage or a tax reduction factor determined or computed | 15306 |
| by the commissioner under this section shall be used solely for | 15307 |
| the purpose of reducing the sums to be levied by the tax to which | 15308 |
| it applies for the year for which it was determined or computed. | 15309 |
| It shall not be used in making any tax computations for any | 15310 |
| ensuing tax year. | 15311 |
| (I) In making the determinations under division (D)(1) of | 15312 |
| this section, the tax commissioner shall take account of changes | 15313 |
| in the taxable value of carryover property resulting from | 15314 |
| complaints filed under section 5715.19 of the Revised Code for | 15315 |
| determinations made for the tax year in which such changes are | 15316 |
| reported to the commissioner. Such changes shall be reported to | 15317 |
| the commissioner on the first abstract of real property filed with | 15318 |
| the commissioner under section 5715.23 of the Revised Code | 15319 |
| following the date on which the complaint is finally determined by | 15320 |
| the board of revision or by a court or other authority with | 15321 |
| jurisdiction on appeal. The tax commissioner shall account for | 15322 |
| such changes in making the determinations only for the tax year in | 15323 |
| which the change in valuation is reported. Such a valuation change | 15324 |
| shall not be used to recompute the percentages determined under | 15325 |
| division (D)(1) of this section for any prior tax year. | 15326 |
| Sec. 319.302. (A)(1) Real property that is not intended | 15327 |
| primarily for use in a business activity shall qualify for a | 15328 |
| partial exemption from real property taxation. For purposes of | 15329 |
| this partial exemption, "business activity" includes all uses of | 15330 |
| real property, except farming; leasing property for farming; | 15331 |
| occupying or holding property improved with single-family, | 15332 |
| two-family, or three-family dwellings; leasing property improved | 15333 |
| with single-family, two-family, or three-family dwellings; or | 15334 |
| holding vacant land that the county auditor determines will be | 15335 |
| used for farming or to develop single-family, two-family, or | 15336 |
| three-family dwellings. For purposes of this partial exemption, | 15337 |
| "farming" does not include land used for the commercial production | 15338 |
| of timber that is receiving the tax benefit under section 5713.23 | 15339 |
| or 5713.31 of the Revised Code and all improvements connected with | 15340 |
| such commercial production of timber. | 15341 |
| (2) Each year, the county auditor shall review each parcel of | 15342 |
| real property to determine whether it qualifies for the partial | 15343 |
| exemption provided for by this section as of the first day of | 15344 |
| January of the current tax year. | 15345 |
| (B) After complying with section 319.301 of the Revised Code, | 15346 |
| the county auditor shall reduce the remaining sums to be levied | 15347 |
| against each parcel of real property that is listed on the general | 15348 |
| tax list and duplicate of real and public utility property for the | 15349 |
| current tax year and that qualifies for partial exemption under | 15350 |
| division (A) of this section, and against each manufactured and | 15351 |
| mobile home that is taxed pursuant to division (D)(2) of section | 15352 |
| 4503.06 of the Revised Code and that is on the manufactured home | 15353 |
| tax list for the current tax year, by ten per cent, to provide a | 15354 |
| partial exemption for that parcel or home. Except as otherwise | 15355 |
| provided in sections 323.152, 323.158, 505.06, and 715.263 of the | 15356 |
| Revised Code, the amount of the taxes remaining after any such | 15357 |
| reduction shall be the real and public utility property taxes | 15358 |
| charged and payable on each parcel of real property, including | 15359 |
| property that does not qualify for partial exemption under | 15360 |
| division (A) of this section, and the manufactured home tax | 15361 |
| charged and payable on each manufactured or mobile home, and shall | 15362 |
| be the amounts certified to the county treasurer for collection. | 15363 |
| Upon receipt of the real and public utility property tax | 15364 |
| duplicate, the treasurer shall certify to the tax commissioner the | 15365 |
| total amount by which the real property taxes were reduced under | 15366 |
| this section, as shown on the duplicate. Such reduction shall not | 15367 |
| directly or indirectly affect the determination of the principal | 15368 |
| amount of notes that may be issued in anticipation of any tax | 15369 |
| levies or the amount of bonds or notes for any planned | 15370 |
| improvements. If after application of sections 5705.31 and 5705.32 | 15371 |
| of the Revised Code and other applicable provisions of law, | 15372 |
| including divisions (F) and (I) of section 321.24 of the Revised | 15373 |
| Code, there would be insufficient funds for payment of debt | 15374 |
| charges on bonds or notes payable from taxes reduced by this | 15375 |
| section, the reduction of taxes provided for in this section shall | 15376 |
| be adjusted to the extent necessary to provide funds from such | 15377 |
| taxes. | 15378 |
| (C) The tax commissioner may adopt rules governing the | 15379 |
| administration of the partial exemption provided for by this | 15380 |
| section. | 15381 |
| (D) The determination of whether property qualifies for | 15382 |
| partial exemption under division (A) of this section is solely for | 15383 |
| the purpose of allowing the partial exemption under division (B) | 15384 |
| of this section. | 15385 |
| Sec. 319.54. (A) On all moneys collected by the county | 15386 |
| treasurer on any tax duplicate of the county, other than estate | 15387 |
| tax duplicates, and on all moneys received as advance payments of | 15388 |
| personal property and classified property taxes, the county | 15389 |
| auditor, on settlement with the treasurer and tax commissioner, on | 15390 |
| or before the date prescribed by law for such settlement or any | 15391 |
| lawful extension of such date, shall be allowed as compensation | 15392 |
| for the county auditor's services the following percentages: | 15393 |
| (1) On the first one hundred thousand dollars, two and | 15394 |
| one-half per cent; | 15395 |
| (2) On the next two million dollars, eight thousand three | 15396 |
| hundred eighteen ten-thousandths of one per cent; | 15397 |
| (3) On the next two million dollars, six thousand six hundred | 15398 |
| fifty-five ten-thousandths of one per cent; | 15399 |
| (4) On all further sums, one thousand six hundred sixty-three | 15400 |
| ten-thousandths of one per cent. | 15401 |
| If any settlement is not made on or before the date | 15402 |
| prescribed by law for such settlement or any lawful extension of | 15403 |
| such date, the aggregate compensation allowed to the auditor shall | 15404 |
| be reduced one per cent for each day such settlement is delayed | 15405 |
| after the prescribed date. No penalty shall apply if the auditor | 15406 |
| and treasurer grant all requests for advances up to ninety per | 15407 |
| cent of the settlement pursuant to section 321.34 of the Revised | 15408 |
| Code. The compensation allowed in accordance with this section on | 15409 |
| settlements made before the dates prescribed by law, or the | 15410 |
| reduced compensation allowed in accordance with this section on | 15411 |
| settlements made after the date prescribed by law or any lawful | 15412 |
| extension of such date, shall be apportioned ratably by the | 15413 |
| auditor and deducted from the shares or portions of the revenue | 15414 |
| payable to the state as well as to the county, townships, | 15415 |
| municipal corporations, and school districts. | 15416 |
| (B) For the purpose of reimbursing county auditors for the | 15417 |
| expenses associated with the increased number of applications for | 15418 |
| reductions in real property taxes under sections 323.152 and | 15419 |
|
4503.065 of the Revised Code that | 15420 |
| amendment of those sections by Am. Sub. H.B. 119 of the 127th | 15421 |
|
general assembly,
| 15422 |
| shall be paid from the state's general revenue fund to the county | 15423 |
| treasury, to the credit of the real estate assessment fund | 15424 |
| created by section 325.31 of the Revised Code, an amount equal to | 15425 |
| one per cent of the total annual amount of property tax relief | 15426 |
| reimbursement paid to that county under sections 323.156 and | 15427 |
| 4503.068 of the Revised Code for the preceding tax year. Payments | 15428 |
| made under this division shall be made at the same times and in | 15429 |
| the same manner as payments made under section 323.156 of the | 15430 |
| Revised Code. | 15431 |
| (C) From all moneys collected by the county treasurer on any | 15432 |
| tax duplicate of the county, other than estate tax duplicates, and | 15433 |
| on all moneys received as advance payments of personal property | 15434 |
| and classified property taxes, there shall be paid into the county | 15435 |
| treasury to the credit of the real estate assessment fund created | 15436 |
| by section 325.31 of the Revised Code, an amount to be determined | 15437 |
| by the county auditor, which shall not exceed the percentages | 15438 |
| prescribed in divisions (C)(1) and (2) of this section. | 15439 |
| (1) For payments made after June 30, 2007, and before 2011, | 15440 |
| the following percentages: | 15441 |
| (a) On the first five hundred thousand dollars, four per | 15442 |
| cent; | 15443 |
| (b) On the next five million dollars, two per cent; | 15444 |
| (c) On the next five million dollars, one per cent; | 15445 |
| (d) On all further sums not exceeding one hundred fifty | 15446 |
| million dollars, three-quarters of one per cent; | 15447 |
| (e) On amounts exceeding one hundred fifty million dollars, | 15448 |
| five hundred eighty-five thousandths of one per cent. | 15449 |
| (2) For payments made in or after 2011, the following | 15450 |
| percentages: | 15451 |
| (a) On the first five hundred thousand dollars, four per | 15452 |
| cent; | 15453 |
| (b) On the next ten million dollars, two per cent; | 15454 |
| (c) On amounts exceeding ten million five hundred thousand | 15455 |
| dollars, three-fourths of one per cent. | 15456 |
| Such compensation shall be apportioned ratably by the auditor | 15457 |
| and deducted from the shares or portions of the revenue payable to | 15458 |
| the state as well as to the county, townships, municipal | 15459 |
| corporations, and school districts. | 15460 |
| (D) Each county auditor shall receive four per cent of the | 15461 |
| amount of tax collected and paid into the county treasury, on | 15462 |
| property omitted and placed by the county auditor on the tax | 15463 |
| duplicate. | 15464 |
| (E) On all estate tax moneys collected by the county | 15465 |
| treasurer, the county auditor, on settlement semiannually with the | 15466 |
| tax commissioner, shall be allowed, as compensation for the | 15467 |
| auditor's services under Chapter 5731. of the Revised Code, the | 15468 |
| following percentages: | 15469 |
| (1) Four per cent on the first one hundred thousand dollars; | 15470 |
| (2) One-half of one per cent on all additional sums. | 15471 |
| Such percentages shall be computed upon the amount collected | 15472 |
| and reported at each semiannual settlement, and shall be for the | 15473 |
| use of the general fund of the county. | 15474 |
| (F) On all cigarette license moneys collected by the county | 15475 |
| treasurer, the county auditor, on settlement semiannually with the | 15476 |
| treasurer, shall be allowed as compensation for the auditor's | 15477 |
| services in the issuing of such licenses one-half of one per cent | 15478 |
| of such moneys, to be apportioned ratably and deducted from the | 15479 |
| shares of the revenue payable to the county and subdivisions, for | 15480 |
| the use of the general fund of the county. | 15481 |
| (G) The county auditor shall charge and receive fees as | 15482 |
| follows: | 15483 |
| (1) For deeds of land sold for taxes to be paid by the | 15484 |
| purchaser, five dollars; | 15485 |
| (2) For the transfer or entry of land, lot, or part of lot, | 15486 |
| or the transfer or entry on or after January 1, 2000, of a used | 15487 |
| manufactured home or mobile home as defined in section 5739.0210 | 15488 |
| of the Revised Code, fifty cents for each transfer or entry, to be | 15489 |
| paid by the person requiring it; | 15490 |
| (3) For receiving statements of value and administering | 15491 |
| section 319.202 of the Revised Code, one dollar, or ten cents for | 15492 |
| each one hundred dollars or fraction of one hundred dollars, | 15493 |
| whichever is greater, of the value of the real property | 15494 |
| transferred or, for sales occurring on or after January 1, 2000, | 15495 |
| the value of the used manufactured home or used mobile home, as | 15496 |
| defined in section 5739.0210 of the Revised Code, transferred, | 15497 |
| except no fee shall be charged when the transfer is made: | 15498 |
| (a) To or from the United States, this state, or any | 15499 |
| instrumentality, agency, or political subdivision of the United | 15500 |
| States or this state; | 15501 |
| (b) Solely in order to provide or release security for a debt | 15502 |
| or obligation; | 15503 |
| (c) To confirm or correct a deed previously executed and | 15504 |
| recorded or when a current owner on the general tax list of real | 15505 |
| and public utility property and the general duplicate of real and | 15506 |
| public utility property is a peace officer, parole officer, | 15507 |
| prosecuting attorney, assistant prosecuting attorney, | 15508 |
| correctional employee, youth services employee, firefighter, or | 15509 |
| EMT and is changing the current owner name listed on the general | 15510 |
| tax list of real and public utility property and the general | 15511 |
| duplicate of real and public utility property to the initials of | 15512 |
| the current owner as prescribed in division (B)(1) of section | 15513 |
| 319.28 of the Revised Code; | 15514 |
| (d) To evidence a gift, in trust or otherwise and whether | 15515 |
| revocable or irrevocable, between husband and wife, or parent and | 15516 |
| child or the spouse of either; | 15517 |
| (e) On sale for delinquent taxes or assessments; | 15518 |
| (f) Pursuant to court order, to the extent that such transfer | 15519 |
| is not the result of a sale effected or completed pursuant to such | 15520 |
| order; | 15521 |
| (g) Pursuant to a reorganization of corporations or | 15522 |
| unincorporated associations or pursuant to the dissolution of a | 15523 |
| corporation, to the extent that the corporation conveys the | 15524 |
| property to a stockholder as a distribution in kind of the | 15525 |
| corporation's assets in exchange for the stockholder's shares in | 15526 |
| the dissolved corporation; | 15527 |
| (h) By a subsidiary corporation to its parent corporation for | 15528 |
| no consideration, nominal consideration, or in sole consideration | 15529 |
| of the cancellation or surrender of the subsidiary's stock; | 15530 |
| (i) By lease, whether or not it extends to mineral or mineral | 15531 |
| rights, unless the lease is for a term of years renewable forever; | 15532 |
| (j) When the value of the real property or the manufactured | 15533 |
| or mobile home or the value of the interest that is conveyed does | 15534 |
| not exceed one hundred dollars; | 15535 |
| (k) Of an occupied residential property, including a | 15536 |
| manufactured or mobile home, being transferred to the builder of a | 15537 |
| new residence or to the dealer of a new manufactured or mobile | 15538 |
| home when the former residence is traded as part of the | 15539 |
| consideration for the new residence or new manufactured or mobile | 15540 |
| home; | 15541 |
| (l) To a grantee other than a dealer in real property or in | 15542 |
| manufactured or mobile homes, solely for the purpose of, and as a | 15543 |
| step in, the prompt sale of the real property or manufactured or | 15544 |
| mobile home to others; | 15545 |
| (m) To or from a person when no money or other valuable and | 15546 |
| tangible consideration readily convertible into money is paid or | 15547 |
| to be paid for the real estate or manufactured or mobile home and | 15548 |
| the transaction is not a gift; | 15549 |
| (n) Pursuant to division (B) of section 317.22 of the Revised | 15550 |
| Code, or section 2113.61 of the Revised Code, between spouses or | 15551 |
| to a surviving spouse pursuant to section 5302.17 of the Revised | 15552 |
| Code as it existed prior to April 4, 1985, between persons | 15553 |
| pursuant to section 5302.17 or 5302.18 of the Revised Code on or | 15554 |
| after April 4, 1985, to a person who is a surviving, survivorship | 15555 |
| tenant pursuant to section 5302.17 of the Revised Code on or after | 15556 |
| April 4, 1985, or pursuant to section 5309.45 of the Revised Code; | 15557 |
| (o) To a trustee acting on behalf of minor children of the | 15558 |
| deceased; | 15559 |
| (p) Of an easement or right-of-way when the value of the | 15560 |
| interest conveyed does not exceed one thousand dollars; | 15561 |
| (q) Of property sold to a surviving spouse pursuant to | 15562 |
| section 2106.16 of the Revised Code; | 15563 |
| (r) To or from an organization exempt from federal income | 15564 |
| taxation under section 501(c)(3) of the "Internal Revenue Code of | 15565 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such | 15566 |
| transfer is without consideration and is in furtherance of the | 15567 |
| charitable or public purposes of such organization; | 15568 |
| (s) Among the heirs at law or devisees, including a surviving | 15569 |
| spouse, of a common decedent, when no consideration in money is | 15570 |
| paid or to be paid for the real property or manufactured or mobile | 15571 |
| home; | 15572 |
| (t) To a trustee of a trust, when the grantor of the trust | 15573 |
| has reserved an unlimited power to revoke the trust; | 15574 |
| (u) To the grantor of a trust by a trustee of the trust, when | 15575 |
| the transfer is made to the grantor pursuant to the exercise of | 15576 |
| the grantor's power to revoke the trust or to withdraw trust | 15577 |
| assets; | 15578 |
| (v) To the beneficiaries of a trust if the fee was paid on | 15579 |
| the transfer from the grantor of the trust to the trustee or if | 15580 |
| the transfer is made pursuant to trust provisions which became | 15581 |
| irrevocable at the death of the grantor; | 15582 |
| (w) To a corporation for incorporation into a sports facility | 15583 |
| constructed pursuant to section 307.696 of the Revised Code; | 15584 |
| (x) Between persons pursuant to section 5302.18 of the | 15585 |
| Revised Code; | 15586 |
| (y) From a county land reutilization corporation organized | 15587 |
| under Chapter 1724. of the Revised Code to a third party. | 15588 |
| The auditor shall compute and collect the fee. The auditor | 15589 |
| shall maintain a numbered receipt system, as prescribed by the tax | 15590 |
| commissioner, and use such receipt system to provide a receipt to | 15591 |
| each person paying a fee. The auditor shall deposit the receipts | 15592 |
| of the fees on conveyances in the county treasury daily to the | 15593 |
| credit of the general fund of the county, except that fees | 15594 |
| charged and received under division (G)(3) of this section for a | 15595 |
| transfer of real property to a county land reutilization | 15596 |
| corporation shall be credited to the county land reutilization | 15597 |
| corporation fund established under section 321.263 of the | 15598 |
| Revised Code. | 15599 |
| The real property transfer fee provided for in division | 15600 |
| (G)(3) of this section shall be applicable to any conveyance of | 15601 |
| real property presented to the auditor on or after January 1, | 15602 |
| 1968, regardless of its time of execution or delivery. | 15603 |
| The transfer fee for a used manufactured home or used mobile | 15604 |
| home shall be computed by and paid to the county auditor of the | 15605 |
| county in which the home is located immediately prior to the | 15606 |
| transfer. | 15607 |
| Sec. 321.24. (A) On or before the fifteenth day of February, | 15608 |
| in each year, the county treasurer shall settle with the county | 15609 |
| auditor for all taxes and assessments that the treasurer has | 15610 |
| collected on the general duplicate of real and public utility | 15611 |
| property at the time of making the settlement. | 15612 |
| (B) On or before the thirtieth day of June, in each year, the | 15613 |
| treasurer shall settle with the auditor for all advance payments | 15614 |
| of general personal and classified property taxes that the | 15615 |
| treasurer has received at the time of making the settlement. | 15616 |
| (C) On or before the tenth day of August, in each year, the | 15617 |
| treasurer shall settle with the auditor for all taxes and | 15618 |
| assessments that the treasurer has collected on the general | 15619 |
| duplicates of real and public utility property at the time of | 15620 |
| making such settlement, not included in the preceding February | 15621 |
| settlement. | 15622 |
| (D) On or before the thirty-first day of October, in each | 15623 |
| year, the treasurer shall settle with the auditor for all taxes | 15624 |
| that the treasurer has collected on the general personal and | 15625 |
| classified property duplicates, and for all advance payments of | 15626 |
| general personal and classified property taxes, not included in | 15627 |
| the preceding June settlement, that the treasurer has received at | 15628 |
| the time of making such settlement. | 15629 |
| (E) In the event the time for the payment of taxes is | 15630 |
| extended, pursuant to section 323.17 of the Revised Code, the date | 15631 |
| on or before which settlement for the taxes so extended must be | 15632 |
| made, as herein prescribed, shall be deemed to be extended for a | 15633 |
| like period of time. At each such settlement, the auditor shall | 15634 |
| allow to the treasurer, on the moneys received or collected and | 15635 |
| accounted for by the treasurer, the treasurer's fees, at the rate | 15636 |
| or percentage allowed by law, at a full settlement of the | 15637 |
| treasurer. | 15638 |
| (F) Within thirty days after the day of each settlement of | 15639 |
| taxes required under divisions (A) and (C) of this section, the | 15640 |
| treasurer shall certify to the tax commissioner any adjustments | 15641 |
| that have been made to the amount certified previously pursuant to | 15642 |
| section 319.302 of the Revised Code and that the settlement has | 15643 |
| been completed. Upon receipt of such certification, the | 15644 |
| commissioner shall provide for payment to the county treasurer | 15645 |
| from the general revenue fund of an amount equal to one-half of | 15646 |
| the amount certified by the treasurer in the preceding tax year | 15647 |
| under section 319.302 of the Revised Code, less one-half of the | 15648 |
| amount computed for all taxing districts in that county for the | 15649 |
| current fiscal year under section 5703.80 of the Revised Code for | 15650 |
| crediting to the property tax administration fund. Such payment | 15651 |
| shall be credited upon receipt to the county's undivided income | 15652 |
| tax fund, and the county auditor shall transfer to the county | 15653 |
| general fund from the amount thereof the total amount of all fees | 15654 |
| and charges which the auditor and treasurer would have been | 15655 |
| authorized to receive had such section not been in effect and that | 15656 |
| amount had been levied and collected as taxes. The county auditor | 15657 |
| shall distribute the amount remaining among the various taxing | 15658 |
| districts in the county as if it had been levied, collected, and | 15659 |
| settled as real property taxes. The amount distributed to each | 15660 |
| taxing district shall be reduced by the total of the amounts | 15661 |
| computed for the district under section 5703.80 of the Revised | 15662 |
| Code, but the reduction shall not exceed the amount that otherwise | 15663 |
| would be distributed to the taxing district under this division. | 15664 |
| The tax commissioner shall make available to taxing districts such | 15665 |
| information as is sufficient for a taxing district to be able to | 15666 |
| determine the amount of the reduction in its distribution under | 15667 |
| this section. | 15668 |
| (G)(1) Within thirty days after the day of the settlement | 15669 |
| required in division (D) of this section, the county treasurer | 15670 |
| shall notify the tax commissioner that the settlement has been | 15671 |
| completed. Upon receipt of that notification, the commissioner | 15672 |
| shall provide for payment to the county treasurer from the general | 15673 |
| revenue fund of an amount equal to the amount certified under | 15674 |
| former section 319.311 of the Revised Code and paid in the state's | 15675 |
| fiscal year 2003 multiplied by the percentage specified in | 15676 |
| division (G)(2) of this section. The payment shall be credited | 15677 |
| upon receipt to the county's undivided income tax fund, and the | 15678 |
| county auditor shall distribute the amount thereof among the | 15679 |
| various taxing districts of the county as if it had been levied, | 15680 |
| collected, and settled as personal property taxes. The amount | 15681 |
| received by a taxing district under this division shall be | 15682 |
| apportioned among its funds in the same proportion as the current | 15683 |
| year's personal property taxes are apportioned. | 15684 |
| (2) Payments required under division (G)(1) of this section | 15685 |
| shall be made at the following percentages of the amount certified | 15686 |
| under former section 319.311 of the Revised Code and paid under | 15687 |
| division (G)(1) of this section in the state's fiscal year 2003: | 15688 |
| (a) In fiscal year 2004, ninety per cent; | 15689 |
| (b) In fiscal year 2005, eighty per cent; | 15690 |
| (c) In fiscal year 2006, sixty-four per cent; | 15691 |
| (d) In fiscal year 2007, forty per cent; | 15692 |
| (e) In fiscal year 2008, thirty-two per cent; | 15693 |
| (f) In fiscal year 2009, sixteen per cent. | 15694 |
| After fiscal year 2009, no payments shall be made under | 15695 |
| division (G)(1) of this section. | 15696 |
| (H)(1) On or before the fifteenth day of April each year, the | 15697 |
| county treasurer shall settle with the county auditor for all | 15698 |
| manufactured home taxes that the county treasurer has collected on | 15699 |
| the manufactured home tax duplicate at the time of making the | 15700 |
| settlement. | 15701 |
| (2) On or before the fifteenth day of September each year, | 15702 |
| the county treasurer shall settle with the county auditor for all | 15703 |
| remaining manufactured home taxes that the county treasurer has | 15704 |
| collected on the manufactured home tax duplicate at the time of | 15705 |
| making the settlement. | 15706 |
| (3) If the time for payment of such taxes is extended under | 15707 |
| section 4503.06 of the Revised Code, the time for making the | 15708 |
| settlement as prescribed by divisions (H)(1) and (2) of this | 15709 |
| section is extended for a like period of time. | 15710 |
| (I) | 15711 |
| 15712 | |
| second Monday in September of each year, the county treasurer | 15713 |
|
shall certify to the tax commissioner | 15714 |
| 15715 | |
| which the manufactured home taxes levied in that year were reduced | 15716 |
|
pursuant to section
319.302 of the Revised Code | 15717 |
| 15718 | |
| receipt of such certification, the commissioner shall provide for | 15719 |
| payment to the county treasurer from the general revenue fund of | 15720 |
|
an amount equal to | 15721 |
|
treasurer | 15722 |
| 15723 | |
| county's undivided income tax fund, and the county auditor shall | 15724 |
| transfer to the county general fund from the amount thereof the | 15725 |
| total amount of all fees and charges that the auditor and | 15726 |
| treasurer would have been authorized to receive had such section | 15727 |
| not been in effect and that amount had been levied and collected | 15728 |
| as manufactured home taxes. The county auditor shall distribute | 15729 |
| the amount remaining among the various taxing districts in the | 15730 |
| county as if it had been levied, collected, and settled as | 15731 |
| manufactured home taxes. | 15732 |
| Sec. 323.156. (A) Within thirty days after a settlement of | 15733 |
|
taxes
under divisions (A) | 15734 |
| the Revised Code, the county treasurer shall certify to the tax | 15735 |
| commissioner one-half of the total amount of taxes on real | 15736 |
| property that were reduced pursuant to section 323.152 of the | 15737 |
|
Revised Code for the
preceding tax year | 15738 |
| 15739 | |
| 15740 | |
| 15741 | |
| the receipt of such certifications, shall provide for payment to | 15742 |
| the county treasurer, from the general revenue fund, of the amount | 15743 |
| certified, which shall be credited upon receipt to the county's | 15744 |
| undivided income tax fund, and an amount equal to two per cent of | 15745 |
| the amount by which taxes were reduced, which shall be credited | 15746 |
| upon receipt to the county general fund as a payment, in addition | 15747 |
| to the fees and charges authorized by sections 319.54 and 321.26 | 15748 |
| of the Revised Code, to the county auditor and treasurer for the | 15749 |
| costs of administering the exemption provided under sections | 15750 |
| 323.151 to 323.159 of the Revised Code. | 15751 |
| (B) On or before the second Monday in September of each year, | 15752 |
| the county treasurer shall certify to the tax commissioner the | 15753 |
| total amount by which the manufactured home taxes levied in that | 15754 |
| year were reduced pursuant to division (B) of section 323.152 of | 15755 |
| the Revised Code, as evidenced by the certificates of reduction | 15756 |
| and the tax duplicate certified to the county treasurer by the | 15757 |
| county auditor. The commissioner, within ninety days after the | 15758 |
| receipt of such certifications, shall provide for payment to the | 15759 |
| county treasurer, from the general revenue fund, of the amount | 15760 |
| certified, which shall be credited upon receipt to the county's | 15761 |
| undivided income tax fund, and an amount equal to two per cent of | 15762 |
| the amount by which taxes were reduced, which shall be credited | 15763 |
| upon receipt to the county general fund as a payment, in addition | 15764 |
| to the fees and charges authorized by sections 319.54 and 321.26 | 15765 |
| of the Revised Code, to the county auditor and treasurer for the | 15766 |
| costs of administering the exemption provided under sections | 15767 |
| 323.151 to 323.159 of the Revised Code. | 15768 |
| (C) Immediately upon receipt of funds into the county | 15769 |
| undivided income tax fund under this section, the auditor shall | 15770 |
| distribute the full amount thereof among the taxing districts in | 15771 |
| the county as though the total had been paid as taxes by each | 15772 |
| person for whom taxes were reduced under sections 323.151 to | 15773 |
| 323.159 of the Revised Code. | 15774 |
| Sec. 323.78. Notwithstanding anything in Chapters 323., | 15775 |
|
5721., and 5723. of the Revised Code, if the county treasurer | 15776 |
| 15777 | |
| 15778 | |
| for foreclosure of abandoned lands, elects to invoke the | 15779 |
| alternative redemption period, then upon any adjudication of | 15780 |
| foreclosure by any court or the board of revision in any | 15781 |
| proceeding under section 323.25, sections 323.65 to 323.79, or | 15782 |
| section 5721.18 of the Revised Code, the following apply: | 15783 |
| (A) Unless otherwise ordered by a motion of the court or | 15784 |
| board of revision, the petition shall assert, and any notice of | 15785 |
| final hearing shall include, that upon foreclosure of the parcel, | 15786 |
| the equity of redemption in any parcel by its owner shall be | 15787 |
| forever terminated after the expiration of the alternative | 15788 |
| redemption period, that the parcel thereafter may be sold at | 15789 |
| sheriff's sale either by itself or together with other parcels as | 15790 |
| permitted by law; or that the parcel may, by order of the court or | 15791 |
| board of revision, be transferred directly to a municipal | 15792 |
| corporation, township, county, school district, or county land | 15793 |
| reutilization corporation without appraisal and without a sale, | 15794 |
| free and clear of all impositions and any other liens on the | 15795 |
| property, which shall be deemed forever satisfied and discharged. | 15796 |
| (B) After the expiration of the alternative redemption period | 15797 |
| following an adjudication of foreclosure, by order of the court or | 15798 |
| board of revision, any equity of redemption is forever | 15799 |
| extinguished, and the parcel may be transferred individually or | 15800 |
| in lots with other tax-foreclosed properties to a municipal | 15801 |
| corporation, township, county, school district, or county land | 15802 |
| reutilization corporation without appraisal and without a sale, | 15803 |
| upon which all impositions and any other liens subordinate to | 15804 |
| liens for impositions due at the time the deed to the property is | 15805 |
| conveyed to a purchaser or transferred to a community development | 15806 |
| organization, county land reutilization corporation, municipal | 15807 |
| corporation, county, township, or school district, shall be deemed | 15808 |
| satisfied and discharged. Other than the order of the court or | 15809 |
| board of revision so ordering the transfer of the parcel, no | 15810 |
| further act of confirmation or other order shall be required for | 15811 |
| such a transfer, or for the extinguishment of any right of | 15812 |
| redemption. No such parcel shall be transferred to a county land | 15813 |
| reutilization corporation after two years following the filing of | 15814 |
| its articles of incorporation by the secretary of state. | 15815 |
| (C) Upon the expiration of the alternative redemption period | 15816 |
| in cases to which the alternative redemption period has been | 15817 |
| ordered, if no community development organization, county land | 15818 |
| reutilization corporation, municipal corporation, county, | 15819 |
| township, or school district has requested title to the parcel, | 15820 |
| the court or board of revision may order the property sold as | 15821 |
| otherwise provided in Chapters 323. and 5721. of the Revised | 15822 |
| Code, and, failing any bid at any such sale, the parcel shall be | 15823 |
| forfeited to the state and otherwise disposed of pursuant to | 15824 |
| Chapter 5723. of the Revised Code. | 15825 |
| Sec. 329.03. (A) As used in this section | 15826 |
| | 15827 |
| the following: | 15828 |
| (1) An applicant for or participant in the Ohio works first | 15829 |
|
program established under
Chapter 5107. of the
Revised Code | 15830 |
| (2) An applicant for or recipient of disability financial | 15831 |
| assistance under Chapter 5115. of the Revised Code; | 15832 |
| (3) An applicant for or recipient of cash assistance provided | 15833 |
| under the refugee assistance program established under section | 15834 |
| 5101.49 of the Revised Code. | 15835 |
| | 15836 |
| 15837 | |
| 15838 | |
| 15839 | |
| 15840 |
| | 15841 |
| 15842 | |
| 15843 | |
| 15844 | |
| 15845 | |
| 15846 | |
| 15847 |
| (B) | 15848 |
| 15849 | |
| 15850 | |
| 15851 | |
| 15852 | |
| 15853 | |
| 15854 | |
| 15855 | |
| 15856 | |
| 15857 | |
| 15858 | |
| 15859 | |
| 15860 | |
| 15861 | |
| 15862 | |
| 15863 | |
| 15864 | |
| 15865 | |
| 15866 |
| | 15867 |
| 15868 | |
| 15869 | |
| 15870 | |
| 15871 | |
| 15872 | |
| 15873 | |
| 15874 | |
| 15875 | |
| 15876 | |
| 15877 | |
| 15878 | |
| establish a direct deposit system under which cash assistance | 15879 |
| payments to recipients who agree to direct deposit are made by | 15880 |
| electronic transfer to an account in a financial institution | 15881 |
| designated under this section. No financial institution shall | 15882 |
| impose any charge for such an account that the institution does | 15883 |
| not impose on its other customers for the same type of account. | 15884 |
| Direct deposit does not affect the exemption of Ohio works first | 15885 |
| and disability financial assistance from attachment, garnishment, | 15886 |
| or other like process afforded by sections 5107.75 and 5115.06 of | 15887 |
| the Revised Code. | 15888 |
| (C) | 15889 |
|
shall | 15890 |
| 15891 | |
| 15892 |
| | 15893 |
| 15894 |
| (1) Inform each applicant or recipient that the applicant or | 15895 |
| recipient must choose whether to receive cash assistance payments | 15896 |
| under the direct deposit system established under this section or | 15897 |
| under the electronic benefit transfer system established under | 15898 |
| section 5101.33 of the Revised Code; | 15899 |
| (2) Inform each applicant and recipient of the conditions | 15900 |
| under which the applicant or recipient may change the system used | 15901 |
| to receive the cash assistance payments; | 15902 |
| (3) Inform each applicant or recipient of the procedures | 15903 |
|
governing the direct deposit | 15904 |
| 15905 | |
| 15906 |
| | 15907 |
| receive cash assistance payments under the direct deposit system, | 15908 |
|
obtain from | 15909 |
| to designate a financial institution equipped for and authorized | 15910 |
| by law to accept direct deposits by electronic transfer and the | 15911 |
| account into which the applicant or recipient wishes the payments | 15912 |
|
to be made | 15913 |
| 15914 | |
| 15915 |
| (5) If an applicant or recipient chooses to receive cash | 15916 |
| assistance payments under the electronic benefit transfer system | 15917 |
| established under section 5101.33 of the Revised Code, obtain from | 15918 |
| the applicant or recipient a signed form to that effect. | 15919 |
| The department may require a recipient to complete a new | 15920 |
| authorization form whenever the department considers it necessary. | 15921 |
| A recipient's designation of a financial institution and | 15922 |
| account shall remain in effect until withdrawn in writing or | 15923 |
| dishonored by the financial institution, except that no change may | 15924 |
| be made in the authorization form until the next eligibility | 15925 |
| redetermination of the recipient unless the county department | 15926 |
| 15927 | |
| earlier change or the financial institution dishonors the | 15928 |
| recipient's account. | 15929 |
| (D) An applicant or recipient without an account who
| 15930 |
| 15931 | |
| cash assistance payments by direct deposit shall have ten days | 15932 |
| after receiving the authorization form to designate an account | 15933 |
| suitable for direct deposit. If within the required time the | 15934 |
|
applicant or recipient does not make
the designation | 15935 |
| 15936 | |
|
shall | 15937 |
| 15938 | |
| electronic benefit transfer system established under section | 15939 |
| 5101.33 of the Revised Code. | 15940 |
| (E) | 15941 |
| 15942 | |
| 15943 | |
| 15944 | |
| 15945 |
| | 15946 |
| 15947 | |
| 15948 | |
| 15949 |
| | 15950 |
| 15951 |
| | 15952 |
| | 15953 |
| | 15954 |
| 15955 |
| | 15956 |
| 15957 | |
| 15958 |
| | 15959 |
| 15960 | |
| 15961 | |
| 15962 | |
| 15963 | |
| 15964 | |
| 15965 | |
| 15966 | |
| 15967 | |
| 15968 | |
| 15969 | |
| 15970 | |
| 15971 | |
| 15972 | |
| 15973 | |
| adopt rules governing direct deposit systems established under | 15974 |
| this section. | 15975 |
| Sec. 329.042. | 15976 |
| services shall certify eligible public assistance and nonpublic | 15977 |
|
assistance
households | 15978 |
| 15979 | |
| supplemental nutrition assistance program in accordance with | 15980 |
|
federal and state
| 15981 |
|
enable low-income
households to participate in the | 15982 |
| supplemental nutrition assistance program and thereby to purchase | 15983 |
| foods having a greater monetary value than is possible under | 15984 |
| public assistance standard allowances or other low-income budgets. | 15985 |
| | 15986 |
|
administer
the distribution of | 15987 |
| assistance program benefits under the supervision of the | 15988 |
| department of job and family services. The benefits shall be | 15989 |
| distributed by a method approved by the department of job and | 15990 |
|
family services
in accordance with the | 15991 |
|
Act of
| 15992 |
| seq.) and regulations issued thereunder. | 15993 |
| | 15994 |
| 15995 | |
| 15996 | |
| 15997 | |
| 15998 | |
| 15999 | |
| 16000 | |
| 16001 | |
| 16002 | |
| 16003 | |
| 16004 |
| Sec. 329.06. (A) Except as provided in division (C) of this | 16005 |
| section and section 6301.08 of the Revised Code, the board of | 16006 |
| county commissioners shall establish a county family services | 16007 |
| planning committee. The board shall appoint a member to represent | 16008 |
| the county department of job and family services; an employee in | 16009 |
| the classified civil service of the county department of job and | 16010 |
| family services, if there are any such employees; and a member to | 16011 |
| represent the public. The board shall appoint other individuals to | 16012 |
| the committee in such a manner that the committee's membership is | 16013 |
| broadly representative of the groups of individuals and the public | 16014 |
| and private entities that have an interest in the family services | 16015 |
| provided in the county. The board shall make appointments in a | 16016 |
| manner that reflects the ethnic and racial composition of the | 16017 |
| county. The following groups and entities may be represented on | 16018 |
| the committee: | 16019 |
| (1) Consumers of family services; | 16020 |
| (2) The public children services agency; | 16021 |
| (3) The child support enforcement agency; | 16022 |
| (4) The county family and children first council; | 16023 |
| (5) Public and private colleges and universities; | 16024 |
| (6) Public entities that provide family services, including | 16025 |
| boards of health, boards of education, the county board of mental | 16026 |
| retardation and developmental disabilities, and the board of | 16027 |
| alcohol, drug addiction, and mental health services that serves | 16028 |
| the county; | 16029 |
| (7) Private nonprofit and for-profit entities that provide | 16030 |
| family services in the county or that advocate for consumers of | 16031 |
| family services in the county, including entities that provide | 16032 |
| services to or advocate for victims of domestic violence; | 16033 |
| (8) Labor organizations; | 16034 |
| (9) Any other group or entity that has an interest in the | 16035 |
| family services provided in the county, including groups or | 16036 |
| entities that represent any of the county's business, urban, and | 16037 |
| rural sectors. | 16038 |
| (B) The county family services planning committee shall do | 16039 |
| all of the following: | 16040 |
| (1) Serve as an advisory body to the board of county | 16041 |
| commissioners with regard to the family services provided in the | 16042 |
| county, including assistance under Chapters 5107. and 5108. of the | 16043 |
| Revised Code, publicly funded child care under Chapter 5104. of | 16044 |
| the Revised Code, and social services provided under section | 16045 |
| 5101.46 of the Revised Code; | 16046 |
| (2) At least once a year, review and analyze the county | 16047 |
| department of job and family services' implementation of the | 16048 |
| programs established under Chapters 5107. and 5108. of the Revised | 16049 |
| Code. In its review, the committee shall use information available | 16050 |
| to it to examine all of the following: | 16051 |
| (a) Return of assistance groups to participation in either | 16052 |
| program after ceasing to participate; | 16053 |
| (b) Teen pregnancy rates among the programs' participants; | 16054 |
| (c) The other types of assistance the programs' participants | 16055 |
|
receive, including | 16056 |
| of the Revised Code, publicly funded child care under Chapter | 16057 |
|
5104. of the Revised
Code, | 16058 |
| assistance program benefits under section 5101.54 of the Revised | 16059 |
| Code, and energy assistance under Chapter 5117. of the Revised | 16060 |
| Code; | 16061 |
| (d) Other issues the committee considers appropriate. | 16062 |
| The committee shall make recommendations to the board of | 16063 |
| county commissioners and county department of job and family | 16064 |
| services regarding the committee's findings. | 16065 |
| (3) Conduct public hearings on proposed county profiles for | 16066 |
| the provision of social services under section 5101.46 of the | 16067 |
| Revised Code; | 16068 |
| (4) At the request of the board, make recommendations and | 16069 |
| provide assistance regarding the family services provided in the | 16070 |
| county; | 16071 |
| (5) At any other time the committee considers appropriate, | 16072 |
| consult with the board and make recommendations regarding the | 16073 |
| family services provided in the county. The committee's | 16074 |
| recommendations may address the following: | 16075 |
| (a) Implementation and administration of family service | 16076 |
| programs; | 16077 |
| (b) Use of federal, state, and local funds available for | 16078 |
| family service programs; | 16079 |
| (c) Establishment of goals to be achieved by family service | 16080 |
| programs; | 16081 |
| (d) Evaluation of the outcomes of family service programs; | 16082 |
| (e) Any other matter the board considers relevant to the | 16083 |
| provision of family services. | 16084 |
| (C) If there is a committee in existence in a county on | 16085 |
| October 1, 1997, that the board of county commissioners determines | 16086 |
| is capable of fulfilling the responsibilities of a county family | 16087 |
| services planning committee, the board may designate the committee | 16088 |
| as the county's family services planning committee and the | 16089 |
| committee shall serve in that capacity. | 16090 |
| Sec. 340.033. (A) The board of alcohol, drug addiction, and | 16091 |
| mental health services shall serve as the planning agency for | 16092 |
| alcohol and drug addiction services for the county or counties in | 16093 |
| its service district. In accordance with procedures and guidelines | 16094 |
| established by the department of alcohol and drug addiction | 16095 |
| services, the board shall do all of the following: | 16096 |
| (1) Assess alcohol and drug addiction service needs and | 16097 |
| evaluate the need for alcohol and drug addiction programs; | 16098 |
| (2) According to the needs determined under division (A)(1) | 16099 |
| of this section, set priorities and develop plans for the | 16100 |
| operation of alcohol and drug addiction programs in cooperation | 16101 |
| with other local and regional planning and funding bodies and with | 16102 |
| relevant ethnic organizations; | 16103 |
| (3) Submit the plan for alcohol and drug addiction services | 16104 |
| required by section 3793.05 of the Revised Code to the department | 16105 |
| and implement the plan as approved by the department; | 16106 |
| (4) Provide to the department information to be included in | 16107 |
| the information system or systems established by the department | 16108 |
| under section 3793.04 of the Revised Code; | 16109 |
| (5) Enter into contracts with alcohol and drug addiction | 16110 |
| programs for the provision of alcohol and drug addiction services; | 16111 |
| (6) Review and evaluate alcohol and drug addiction programs | 16112 |
| in the district, and conduct program audits; | 16113 |
| (7) Prepare and submit to the department an annual report of | 16114 |
| the alcohol and drug addiction programs in the district; | 16115 |
| (8) Receive, compile, and transmit to the department | 16116 |
| applications for funding; | 16117 |
| (9) Promote, arrange, and implement working agreements with | 16118 |
| public and private social agencies and with judicial agencies; | 16119 |
| (10) Investigate, or request another agency to investigate, | 16120 |
| any complaint alleging abuse or neglect of any person receiving | 16121 |
| services from an alcohol or drug addiction program; | 16122 |
| (11) Establish a mechanism for the involvement of persons | 16123 |
| receiving services in, and obtaining their advice on, matters | 16124 |
| pertaining to alcohol or drug addiction services; | 16125 |
| (12) Recruit and promote local financial support, from | 16126 |
| private and public sources, for alcohol and drug addiction | 16127 |
| programs; | 16128 |
| (13) Approve fee schedules and related charges, adopt a unit | 16129 |
| cost schedule, or adopt other methods of payment for services | 16130 |
| provided by programs under contract pursuant to division (A)(5) of | 16131 |
| this section, in accordance with guidelines established by the | 16132 |
| department under section 3793.04 of the Revised Code. | 16133 |
| (B) In accordance with rules adopted by the auditor of state | 16134 |
| pursuant to section 117.20 of the Revised Code, at least annually | 16135 |
| the board shall audit all alcohol and drug addiction programs | 16136 |
| provided under contract with the board. The board may contract | 16137 |
| with private auditors for the performance of these audits. A copy | 16138 |
| of the fiscal audit report shall be provided to the director of | 16139 |
| alcohol and drug addiction services, the auditor of state, and the | 16140 |
| county auditor of each county in the board's district. | 16141 |
| (C) In contracting with a program under division (A)(5) of | 16142 |
| this section, a board shall consider the cost effectiveness of | 16143 |
| services provided by the program and the program's quality and | 16144 |
| continuity of care. The board may review cost elements, including | 16145 |
| salary costs, of the services provided by the program. | 16146 |
| A utilization review process shall be established as part of | 16147 |
| the contract for services. The board may establish this process in | 16148 |
| any way that it considers to be the most effective and efficient | 16149 |
| in meeting local needs. | 16150 |
| (D) If either the board or a program with which it contracts | 16151 |
| pursuant to division (A)(5) of this section proposes not to renew | 16152 |
| the contract or proposes substantial changes in contract terms on | 16153 |
| renewal of the contract, it shall give the other party to the | 16154 |
| contract written notice at least one hundred twenty days before | 16155 |
| the expiration date of the contract. During the first sixty days | 16156 |
| of this period, both parties shall attempt to resolve any dispute | 16157 |
| through good faith collaboration and negotiation in order that | 16158 |
| services to persons in need will be continued. If the dispute is | 16159 |
| not resolved during this time, either party may notify the | 16160 |
| department of alcohol and drug addiction services. The department | 16161 |
| may require both parties to submit the dispute to a mutually | 16162 |
| agreed upon third party with the cost to be shared by the board | 16163 |
| and the program. At least twenty days before the expiration of the | 16164 |
| contract, unless the board and the program agree to an extension, | 16165 |
| the third party shall issue to the board, program, and department, | 16166 |
| its recommendations for resolution of the dispute. | 16167 |
| The department shall adopt rules pursuant to Chapter 119. of | 16168 |
| the Revised Code establishing procedures for this dispute | 16169 |
| resolution process. | 16170 |
| (E) Section 307.86 of the Revised Code does not apply to | 16171 |
| contracts entered into pursuant to division (A)(5) of this | 16172 |
| section. | 16173 |
| (F)(1) With the prior approval of the department, a board of | 16174 |
| alcohol, drug addiction, and mental health services may operate an | 16175 |
| alcohol or drug addiction program as follows if there is no | 16176 |
| qualified program that is immediately available, willing to | 16177 |
| provide services, and able to obtain certification under Chapter | 16178 |
| 3793. of the Revised Code: | 16179 |
| (a) In an emergency situation, any board may operate a | 16180 |
| program in order to provide essential services for the duration of | 16181 |
| the emergency; | 16182 |
| (b) In a service district with a population of at least one | 16183 |
| hundred thousand but less than five hundred thousand, a board may | 16184 |
| operate a program for no longer than one year; | 16185 |
| (c) In a service district with a population of less than one | 16186 |
| hundred thousand, a board may operate a program for no longer than | 16187 |
| one year, except that such a board may operate a program for | 16188 |
| longer than one year with the prior approval of the department and | 16189 |
| the prior approval of the board of county commissioners, or of a | 16190 |
| majority of the boards of county commissioners if the district is | 16191 |
| a joint-county district. | 16192 |
| (2) The department shall not give a board its approval to | 16193 |
| operate a program under division (F)(1)(c) of this section unless | 16194 |
| it determines that the board's program will provide greater | 16195 |
| administrative efficiency and more or better services than would | 16196 |
| be available if the board contracted with a program for provision | 16197 |
| of the services. | 16198 |
| (3) The department shall not give a board its approval to | 16199 |
| operate a program previously operated by a public or private | 16200 |
| entity unless the board has established to the department's | 16201 |
| satisfaction that the entity cannot effectively operate the | 16202 |
| program, or that the entity has requested the board to take over | 16203 |
| operation of the program. | 16204 |
| (4) The department shall review and evaluate the operation of | 16205 |
| each program operated by a board under this division. | 16206 |
| (5) Nothing in this division authorizes a board to administer | 16207 |
| or direct the daily operation of any program other than a program | 16208 |
| operated by the board under this division, but a program may | 16209 |
| contract with a board to receive administrative services or staff | 16210 |
| direction from the board under the direction of the governing body | 16211 |
| of the program. | 16212 |
| (G) If an investigation conducted pursuant to division | 16213 |
| (A)(10) of this section substantiates a charge of abuse or | 16214 |
| neglect, the board shall take whatever action it determines is | 16215 |
| necessary to correct the situation, including notification of the | 16216 |
| appropriate authorities. On request, the board shall provide | 16217 |
| information about such investigations to the department. | 16218 |
| (H) When the board sets priorities and develops plans for the | 16219 |
| operation of alcohol and drug addiction programs under division | 16220 |
| (A)(2) of this section, the board shall consult with the county | 16221 |
| commissioners of the counties in the board's service district | 16222 |
| regarding the services described in section 340.15 of the Revised | 16223 |
| Code and shall give a priority to those services, except that | 16224 |
| those services shall not have priority over services provided to | 16225 |
| pregnant women under programs developed in relation to the mandate | 16226 |
| established in section 3793.15 of the Revised Code. The plans | 16227 |
| shall identify funds the board and public children services | 16228 |
| agencies in the board's service district have available to fund | 16229 |
| jointly the services described in section 340.15 of the Revised | 16230 |
| Code. | 16231 |
| Sec. 343.01. (A) In order to comply with division (B) of | 16232 |
| section 3734.52 of the Revised Code, the board of county | 16233 |
| commissioners of each county shall do one of the following: | 16234 |
| (1) Establish, by resolution, and maintain a county solid | 16235 |
| waste management district under this chapter that consists of all | 16236 |
| the incorporated and unincorporated territory within the county | 16237 |
| except as otherwise provided in division (A) of this section; | 16238 |
| (2) With the boards of county commissioners of one or more | 16239 |
| other counties establish, by agreement, and maintain a joint solid | 16240 |
| waste management district under this chapter that consists of all | 16241 |
| the incorporated and unincorporated territory within the counties | 16242 |
| forming the joint district except as otherwise provided in | 16243 |
| division (A) of this section. | 16244 |
| If a municipal corporation is located in more than one solid | 16245 |
| waste management district, the entire municipal corporation shall | 16246 |
| be considered to be included in and shall be under the | 16247 |
| jurisdiction of the district in which a majority of the population | 16248 |
| of the municipal corporation resides. | 16249 |
| A county and joint district established to comply with | 16250 |
| division (B) of section 3734.52 of the Revised Code shall have a | 16251 |
| population of not less than one hundred twenty thousand unless, in | 16252 |
| the instance of a county district, the board of county | 16253 |
| commissioners has obtained an exemption from that requirement | 16254 |
| under division (C)(1) or (2) of that section. Each joint district | 16255 |
| established to comply with an order issued under division (D) of | 16256 |
| that section shall have a population of at least one hundred | 16257 |
| twenty thousand. | 16258 |
| (B) The boards of county commissioners of the counties | 16259 |
| establishing a joint district constitute, collectively, the board | 16260 |
| of directors of the joint district, except that if a county with a | 16261 |
| form of legislative authority other than a board of county | 16262 |
| commissioners participates, it shall be represented on the board | 16263 |
| of directors by three persons appointed by the legislative | 16264 |
| authority. | 16265 |
| The agreement to establish and maintain a joint district | 16266 |
| shall be ratified by resolution of the board of county | 16267 |
| commissioners of each participating county. Upon ratification, the | 16268 |
| board of directors shall take control of and manage the joint | 16269 |
| district subject to this chapter, except that, in the case of a | 16270 |
| joint district formed pursuant to division (C), (D), or (E) of | 16271 |
| section 343.012 of the Revised Code, the board of directors shall | 16272 |
| take control of and manage the district when the formation of the | 16273 |
| district becomes final under the applicable division. A majority | 16274 |
| of the board of directors constitutes a quorum, and a majority | 16275 |
| vote is required for the board to act. | 16276 |
| A county participating in a joint district may contribute | 16277 |
| lands or rights or interests therein, money, other personal | 16278 |
| property or rights or interests therein, or services to the | 16279 |
| district. The agreement shall specify any contributions of | 16280 |
| participating counties and the rights of the participating | 16281 |
| counties in lands or personal property, or rights or interests | 16282 |
| therein, contributed to or otherwise acquired by the joint | 16283 |
| district. The agreement may be amended or added to by a majority | 16284 |
| vote of the board of directors, but no amendment or addition shall | 16285 |
| divest a participating county of any right or interest in lands or | 16286 |
| personal property without its consent. | 16287 |
| The board of directors may appoint and fix the compensation | 16288 |
| of employees of, accept gifts, devises, and bequests for, and take | 16289 |
| other actions necessary to control and manage the joint district. | 16290 |
| Employees of the district shall be considered county employees for | 16291 |
| the purposes of Chapter 124. of the Revised Code and other | 16292 |
| provisions of state law applicable to employees. Instead of or in | 16293 |
| addition to appointing employees of the district, the board of | 16294 |
| directors may agree to use employees of one or more of the | 16295 |
| participating counties in the service of the joint district and to | 16296 |
| share in their compensation in any manner that may be agreed upon. | 16297 |
| The board of directors shall do one of the following: | 16298 |
| (1) Designate the county auditor, including any other | 16299 |
| official acting in a capacity similar to a county auditor under a | 16300 |
| county charter, of a county participating in the joint district as | 16301 |
| the fiscal officer of the district, and the county treasurer, or | 16302 |
| other official acting in a capacity similar to a county treasurer | 16303 |
| under a county charter, of that county as the treasurer of the | 16304 |
| district. The designated county officials shall perform any | 16305 |
| applicable duties for the district as each typically performs for | 16306 |
|
the county of which | 16307 |
| otherwise may be provided in any bylaws or resolutions adopted by | 16308 |
| the board of directors. The board of directors may pay to that | 16309 |
| county any amount agreed upon by the board of directors and the | 16310 |
| board of county commissioners of that county to reimburse that | 16311 |
| county for the cost properly allocable to the service of its | 16312 |
| officials as fiscal officer and treasurer of the joint district. | 16313 |
| (2) Appoint one individual who is neither a county auditor | 16314 |
| nor a county treasurer, and who may be an employee of the | 16315 |
| district, to serve as both the treasurer of the district and its | 16316 |
| fiscal officer. That individual shall act as custodian of the | 16317 |
| funds of the board and the district and shall maintain all | 16318 |
| accounts of the district. Any reference in this chapter or Chapter | 16319 |
| 3734. of the Revised Code to a county auditor or county treasurer | 16320 |
| serving as fiscal officer of a district or custodian of any funds | 16321 |
| of a board or district is deemed to refer to an individual | 16322 |
| appointed under division (B)(2) of this section. | 16323 |
| The fiscal officer of a district shall establish a general | 16324 |
| fund and any other necessary funds for the district. | 16325 |
| (C) A board of county commissioners of a county district or | 16326 |
| board of directors of a joint district may acquire, by purchase or | 16327 |
| lease, construct, improve, enlarge, replace, maintain, and operate | 16328 |
| such solid waste collection systems within their respective | 16329 |
| districts and such solid waste facilities within or outside their | 16330 |
| respective districts as are necessary for the protection of the | 16331 |
| public health. A board of county commissioners may acquire within | 16332 |
| its county real property or any estate, interest, or right | 16333 |
| therein, by appropriation or any other method, for use by a county | 16334 |
| or joint district in connection with such facilities. | 16335 |
| Appropriation proceedings shall be conducted in accordance with | 16336 |
| sections 163.01 to 163.22 of the Revised Code. | 16337 |
| (D) The sanitary engineer or sanitary engineering department | 16338 |
| of a county maintaining a district and any sanitary engineer or | 16339 |
| sanitary engineering department of a county in a joint district, | 16340 |
| as determined by the board of directors, in addition to other | 16341 |
| duties assigned to that engineer or department, shall assist the | 16342 |
| board of county commissioners or directors in the performance of | 16343 |
| their duties under this chapter and sections 3734.52 to 3734.575 | 16344 |
| of the Revised Code and shall be charged with any other duties and | 16345 |
| services in relation thereto that the board prescribes. A board | 16346 |
| may employ registered professional engineers to assist the | 16347 |
| sanitary engineer in those duties and also may employ financial | 16348 |
| advisers and any other professional services it considers | 16349 |
| necessary to assist it in the construction, financing, and | 16350 |
| maintenance of solid waste collection or other solid waste | 16351 |
| facilities. Such contracts of employment shall not require the | 16352 |
| certificate provided in section 5705.41 of the Revised Code. | 16353 |
| Payment for such services may be made from the general fund or any | 16354 |
| other fund legally available for that use at times that are agreed | 16355 |
| upon or as determined by the board of county commissioners or | 16356 |
| directors, and the funds may be reimbursed from the proceeds of | 16357 |
| bonds or notes issued to pay the cost of any improvement to which | 16358 |
| the services related. | 16359 |
| (E)(1) The prosecuting attorney of the county shall serve as | 16360 |
| the legal advisor of a county district and shall provide such | 16361 |
| services to the board of county commissioners of the district as | 16362 |
| are required or authorized to be provided to other county boards | 16363 |
| under Chapter 309. of the Revised Code, except that, if the board | 16364 |
| considers it to be necessary or appropriate, the board, on its own | 16365 |
| initiative, may employ an attorney or other legal counsel on an | 16366 |
| annual basis to serve as the legal advisor of the district in | 16367 |
| place of the prosecuting attorney. When the prosecuting attorney | 16368 |
| is serving as the district's legal advisor and the board considers | 16369 |
| it to be necessary or appropriate, the board, on its own | 16370 |
| initiative, may employ an attorney or other legal counsel to | 16371 |
| represent or advise the board regarding a particular matter in | 16372 |
| place of the prosecuting attorney. The employment of an attorney | 16373 |
| or other legal counsel on an annual basis or in a particular | 16374 |
| matter is not subject to or governed by sections 305.14 and 309.09 | 16375 |
| of the Revised Code. | 16376 |
| Notwithstanding the employment of an attorney or other legal | 16377 |
| counsel on an annual basis to serve as the district's legal | 16378 |
| advisor, the board may require written opinions or instructions | 16379 |
| from the prosecuting attorney under section 309.09 of the Revised | 16380 |
| Code in matters connected with its official duties as though the | 16381 |
| prosecuting attorney were serving as the legal advisor of the | 16382 |
| district. | 16383 |
| (2) The board of directors of a joint district may designate | 16384 |
| the prosecuting attorney of one of the counties forming the | 16385 |
| district to serve as the legal advisor of the district. When so | 16386 |
| designated, the prosecuting attorney shall provide such services | 16387 |
| to the joint district as are required or authorized to be provided | 16388 |
| to county boards under Chapter 309. of the Revised Code. The board | 16389 |
| of directors may pay to that county any amount agreed upon by the | 16390 |
| board of directors and the board of county commissioners of that | 16391 |
| county to reimburse that county for the cost properly allocable to | 16392 |
| the services of its prosecuting attorney as the legal advisor of | 16393 |
| the joint district. When that prosecuting attorney is so serving | 16394 |
| and the board considers it to be necessary or appropriate, the | 16395 |
| board, on its own initiative, may employ an attorney or other | 16396 |
| legal counsel to represent or advise the board regarding a | 16397 |
| particular matter in place of the prosecuting attorney. | 16398 |
| Instead of designating the prosecuting attorney of one of the | 16399 |
| counties forming the district to be the legal advisor of the | 16400 |
| district, the board of directors may employ on an annual basis an | 16401 |
| attorney or other legal counsel to serve as the district's legal | 16402 |
| advisor. Notwithstanding the employment of an attorney or other | 16403 |
| legal counsel as the district's legal advisor, the board of | 16404 |
| directors may require written opinions or instructions from the | 16405 |
| prosecuting attorney of any of the counties forming the district | 16406 |
| in matters connected with the board's official duties, and the | 16407 |
| prosecuting attorney shall provide the written opinion or | 16408 |
|
instructions as though | 16409 |
| designated to serve as the district's legal advisor under division | 16410 |
| (E)(2) of this section. | 16411 |
| (F) A board of county commissioners may issue bonds or bond | 16412 |
| anticipation notes of the county to pay the cost of preparing | 16413 |
| general and detailed plans and other data required for the | 16414 |
| construction of solid waste facilities in connection with a county | 16415 |
| or joint district. A board of directors of a joint solid waste | 16416 |
| management district may issue bonds or bond anticipation notes of | 16417 |
| the joint solid waste management district to pay the cost of | 16418 |
| preparing general and detailed plans and other data required for | 16419 |
| the construction of solid waste facilities in connection with a | 16420 |
| joint district. The bonds and notes shall be issued in accordance | 16421 |
| with Chapter 133. of the Revised Code, except that the maximum | 16422 |
| maturity of bonds issued for that purpose shall not exceed ten | 16423 |
| years. Bond anticipation notes may be paid from the proceeds of | 16424 |
| bonds issued either to pay the cost of the solid waste facilities | 16425 |
| or to pay the cost of the plans and other data. | 16426 |
| (G) To the extent authorized by the solid waste management | 16427 |
| plan of the district approved under section 3734.521 or 3734.55 of | 16428 |
| the Revised Code or subsequent amended plans of the district | 16429 |
| approved under section 3734.521 or 3734.56 of the Revised Code, | 16430 |
| the board of county commissioners of a county district or board of | 16431 |
| directors of a joint district may adopt, publish, and enforce | 16432 |
| rules doing any of the following: | 16433 |
| (1) Prohibiting or limiting the receipt of solid wastes | 16434 |
| generated outside the district or outside a service area | 16435 |
| prescribed in the solid waste management plan or amended plan, at | 16436 |
|
facilities | 16437 |
| management district, consistent with the projections contained in | 16438 |
| the plan or amended plan under divisions (A)(6) and (7) of section | 16439 |
|
3734.53 of the Revised Code | 16440 |
| by a board under division (G)(1) of this section may be adopted | 16441 |
| and enforced with respect to facilities in the solid waste | 16442 |
| management district that are not owned by a county or the solid | 16443 |
| waste management district only if the board submits an application | 16444 |
| to the director of environmental protection that demonstrates that | 16445 |
| there is insufficient capacity to dispose of all solid wastes that | 16446 |
| are generated within the district at the facilities located within | 16447 |
| the district and the director approves the application. The | 16448 |
| demonstration in the application shall be based on projections | 16449 |
| contained in the plan or amended plan of the district. The | 16450 |
| director shall establish the form of the application. The approval | 16451 |
| or disapproval of such an application by the director is an action | 16452 |
| that is appealable under section 3745.04 of the Revised Code. | 16453 |
| In addition, the director of environmental protection may | 16454 |
| issue an order modifying a rule adopted under division (G)(1) of | 16455 |
| this section to allow the disposal in the district of solid wastes | 16456 |
| from another county or joint solid waste management district if | 16457 |
| all of the following apply: | 16458 |
| (a) The district in which the wastes were generated does not | 16459 |
| have sufficient capacity to dispose of solid wastes generated | 16460 |
| within it for six months following the date of the director's | 16461 |
| order; | 16462 |
| (b) No new solid waste facilities will begin operation during | 16463 |
| those six months in the district in which the wastes were | 16464 |
| generated and, despite good faith efforts to do so, it is | 16465 |
| impossible to site new solid waste facilities within the district | 16466 |
| because of its high population density; | 16467 |
| (c) The district in which the wastes were generated has made | 16468 |
| good faith efforts to negotiate with other districts to | 16469 |
| incorporate its disposal needs within those districts' solid waste | 16470 |
| management plans, including efforts to develop joint facilities | 16471 |
| authorized under section 343.02 of the Revised Code, and the | 16472 |
| efforts have been unsuccessful; | 16473 |
| (d) The district in which the wastes were generated has | 16474 |
| located a facility willing to accept the district's solid wastes | 16475 |
| for disposal within the receiving district; | 16476 |
| (e) The district in which the wastes were generated has | 16477 |
| demonstrated to the director that the conditions specified in | 16478 |
| divisions (G)(1)(a) to (d) of this section have been met; | 16479 |
| (f) The director finds that the issuance of the order will be | 16480 |
| consistent with the state solid waste management plan and that | 16481 |
| receipt of the out-of-district wastes will not limit the capacity | 16482 |
| of the receiving district to dispose of its in-district wastes to | 16483 |
| less than eight years. | 16484 |
| Any order issued under division (G)(1) of this section shall | 16485 |
| not become final until thirty days after it has been served by | 16486 |
| certified mail upon the county or joint solid waste management | 16487 |
| district that will receive the out-of-district wastes. | 16488 |
| (2) Governing the maintenance, protection, and use of solid | 16489 |
| waste collection or other solid waste facilities located within | 16490 |
| its district. The rules adopted under division (G)(2) of this | 16491 |
| section shall not establish design standards for solid waste | 16492 |
| facilities and shall be consistent with the solid waste provisions | 16493 |
| of Chapter 3734. of the Revised Code and the rules adopted under | 16494 |
| those provisions. The rules adopted under division (G)(2) of this | 16495 |
| section may prohibit any person, municipal corporation, township, | 16496 |
| or other political subdivision from constructing, enlarging, or | 16497 |
| modifying any solid waste facility until general plans and | 16498 |
| specifications for the proposed improvement have been submitted to | 16499 |
| and approved by the board of county commissioners or board of | 16500 |
| directors as complying with the solid waste management plan or | 16501 |
| amended plan of the district. The construction of such a facility | 16502 |
| shall be done under the supervision of the county sanitary | 16503 |
| engineer or, in the case of a joint district, a county sanitary | 16504 |
| engineer designated by the board of directors, and any person, | 16505 |
| municipal corporation, township, or other political subdivision | 16506 |
| proposing or constructing such improvements shall pay to the | 16507 |
| county or joint district all expenses incurred by the board in | 16508 |
| connection therewith. The sanitary engineer may enter upon any | 16509 |
| public or private property for the purpose of making surveys or | 16510 |
| examinations necessary for designing solid waste facilities or for | 16511 |
| supervising the construction, enlargement, modification, or | 16512 |
| operation of any such facilities. No person, municipal | 16513 |
| corporation, township, or other political subdivision shall forbid | 16514 |
|
or interfere with the sanitary engineer or | 16515 |
| engineer's authorized assistants entering upon such property for | 16516 |
| that purpose. If actual damage is done to property by the making | 16517 |
| of the surveys and examinations, a board shall pay the reasonable | 16518 |
| value of that damage to the owner of the property damaged, and the | 16519 |
| cost shall be included in the financing of the improvement for | 16520 |
| which the surveys and examinations are made. | 16521 |
| (3) Governing the development and implementation of a program | 16522 |
| for the inspection of solid wastes generated outside the | 16523 |
| boundaries of this state that are disposed of at solid waste | 16524 |
| facilities included in the district's solid waste management plan | 16525 |
| or amended plan. A board of county commissioners or board of | 16526 |
| directors or its authorized representative may enter upon the | 16527 |
| premises of any solid waste facility included in the district's | 16528 |
| solid waste management plan or amended plan for the purpose of | 16529 |
| conducting the inspections required or authorized by the rules | 16530 |
| adopted under division (G)(3) of this section. No person, | 16531 |
| municipal corporation, township, or other political subdivision | 16532 |
| shall forbid or interfere with a board of county commissioners or | 16533 |
| directors or its authorized representative entering upon the | 16534 |
| premises of any such solid waste facility for that purpose. | 16535 |
| (4) Exempting the owner or operator of any existing or | 16536 |
| proposed solid waste facility provided for in the plan or amended | 16537 |
| plan from compliance with any amendment to a township zoning | 16538 |
| resolution adopted under section 519.12 of the Revised Code or to | 16539 |
| a county rural zoning resolution adopted under section 303.12 of | 16540 |
| the Revised Code that rezoned or redistricted the parcel or | 16541 |
| parcels upon which the facility is to be constructed or modified | 16542 |
| and that became effective within two years prior to the filing of | 16543 |
| an application for a permit required under division (A)(2)(a) of | 16544 |
| section 3734.05 of the Revised Code to open a new or modify an | 16545 |
| existing solid waste facility. | 16546 |
| (H) A board of county commissioners or board of directors may | 16547 |
| enter into a contract with any person, municipal corporation, | 16548 |
| township, or other political subdivision for the operation and | 16549 |
| maintenance of any solid waste facilities regardless of whether | 16550 |
| the facilities are owned or leased by the county or joint district | 16551 |
| or the contractor. | 16552 |
| (I)(1) No person, municipal corporation, township, or other | 16553 |
| political subdivision shall tamper with or damage any solid waste | 16554 |
| facility constructed under this chapter or any apparatus or | 16555 |
| accessory connected therewith or pertaining thereto, fail or | 16556 |
| refuse to comply with the applicable rules adopted by a board of | 16557 |
| county commissioners or directors under division (G)(1), (2), (3), | 16558 |
| or (4) of this section, refuse to permit an inspection or | 16559 |
| examination by a sanitary engineer as authorized under division | 16560 |
| (G)(2) of this section, or refuse to permit an inspection by a | 16561 |
| board of county commissioners or directors or its authorized | 16562 |
| representative as required or authorized by rules adopted under | 16563 |
| division (G)(3) of this section. | 16564 |
| (2) If the board of county commissioners of a county district | 16565 |
| or board of directors of a joint district has established facility | 16566 |
| designations under section 343.013, 343.014, or 343.015 of the | 16567 |
| Revised Code, or the director has established facility | 16568 |
| designations in the initial or amended plan of the district | 16569 |
| prepared and ordered to be implemented under section 3734.521, | 16570 |
| 3734.55, or 3734.56 of the Revised Code, no person, municipal | 16571 |
| corporation, township, or other political subdivision shall | 16572 |
| deliver, or cause the delivery of, any solid wastes generated | 16573 |
| within a county or joint district to any solid waste facility | 16574 |
| other than the facility designated under section 343.013, 343.014, | 16575 |
| or 343.015 of the Revised Code, or in the initial or amended plan | 16576 |
| of the district prepared and ordered to be implemented under | 16577 |
| section 3734.521, 3734.55, or 3734.56 of the Revised Code, as | 16578 |
| applicable. Upon the request of a person or the legislative | 16579 |
| authority of a municipal corporation or township, the board of | 16580 |
| county commissioners of a county district or board of directors of | 16581 |
| a joint district may grant a waiver authorizing the delivery of | 16582 |
| all or any portion of the solid wastes generated in a municipal | 16583 |
| corporation or township to a solid waste facility other than the | 16584 |
| facility designated under section 343.013, 343.014, or 343.015 of | 16585 |
| the Revised Code, or in the initial or amended plan of the | 16586 |
| district prepared and ordered to be implemented under section | 16587 |
| 3734.521, 3734.55, or 3734.56 of the Revised Code, as applicable, | 16588 |
| regardless of whether the other facility is located within or | 16589 |
| outside of the district, if the board finds that delivery of those | 16590 |
| solid wastes to the other facility is not inconsistent with the | 16591 |
| projections contained in the district's initial or amended plan | 16592 |
| under divisions (A)(6) and (7) of section 3734.53 of the Revised | 16593 |
| Code as approved or ordered to be implemented and will not | 16594 |
| adversely affect the implementation and financing of the | 16595 |
| district's initial or amended plan pursuant to the implementation | 16596 |
| schedule contained in it under divisions (A)(12)(a) to (d) of that | 16597 |
| section. The board shall act on a request for such a waiver within | 16598 |
| ninety days after receiving the request. Upon granting such a | 16599 |
| waiver, the board shall send notice of that fact to the director. | 16600 |
| The notice shall indicate to whom the waiver was granted. Any | 16601 |
| waiver or authorization granted by a board on or before October | 16602 |
| 29, 1993, shall continue in force until the board takes action | 16603 |
| concerning the same entity under this division or until action is | 16604 |
| taken under division (G) of section 343.014 of the Revised Code. | 16605 |
| (J) Divisions (G)(1) to (4) and (I)(2) of this section do not | 16606 |
| apply to the construction, operation, use, repair, enlargement, or | 16607 |
| modification of either of the following: | 16608 |
| (1) A solid waste facility owned by a generator of solid | 16609 |
| wastes when the solid waste facility exclusively disposes of solid | 16610 |
| wastes generated at one or more premises owned by the generator | 16611 |
| regardless of whether the facility is located on a premises where | 16612 |
| the wastes are generated; | 16613 |
| (2) A facility that exclusively disposes of wastes that are | 16614 |
| generated from the combustion of coal, or from the combustion of | 16615 |
| primarily coal in combination with scrap tires, that is not | 16616 |
| combined in any way with garbage at one or more premises owned by | 16617 |
| the generator. | 16618 |
| (K)(1) A member of the board of county commissioners of a | 16619 |
| county solid waste management district, member of the board of | 16620 |
| directors of a joint solid waste management district, member of | 16621 |
| the board of trustees of a regional solid waste management | 16622 |
| authority managing a county or joint solid waste management | 16623 |
| district, or officer or employee of any solid waste management | 16624 |
| district, for the purposes of sections 102.03, 102.04, 2921.41, | 16625 |
| and 2921.42 of the Revised Code, shall not be considered to be | 16626 |
| directly or indirectly interested in, or improperly influenced by, | 16627 |
| any of the following: | 16628 |
| (a) A contract entered into under this chapter or section | 16629 |
| 307.15 or sections 3734.52 to 3734.575 of the Revised Code between | 16630 |
| the district and any county forming the district, municipal | 16631 |
| corporation or township located within the district, or health | 16632 |
| district having territorial jurisdiction within the district, of | 16633 |
| which that member, officer, or employee also is an officer or | 16634 |
| employee, but only to the extent that any interest or influence | 16635 |
|
could arise from | 16636 |
| political subdivision or health district; | 16637 |
| (b) A contract entered into under this chapter or section | 16638 |
| 307.15 or sections 3734.52 to 3734.575 of the Revised Code between | 16639 |
| the district and a county planning commission organized under | 16640 |
| section 713.22 of the Revised Code, or regional planning | 16641 |
| commission created under section 713.21 of the Revised Code, | 16642 |
| having territorial jurisdiction within the district, of which that | 16643 |
| member also is a member, officer, or employee, but only to the | 16644 |
|
extent
that any interest or influence could arise from | 16645 |
| public office or employment with the commission; | 16646 |
| (c) An expenditure of money made by the district for the | 16647 |
| benefit of any county forming the district, municipal corporation | 16648 |
| or township located within the district, or health district or | 16649 |
| county or regional planning commission having territorial | 16650 |
| jurisdiction within the district, of which that member also is a | 16651 |
| member, officer, or employee, but only to the extent that any | 16652 |
|
interest or
influence could arise from | 16653 |
| or employment with the political subdivision, health district, or | 16654 |
| commission; | 16655 |
| (d) An expenditure of money made for the benefit of the | 16656 |
| district by any county forming the district, municipal corporation | 16657 |
| or township located within the district, or health district or | 16658 |
| county or regional planning commission having territorial | 16659 |
| jurisdiction within the district, of which that member also is a | 16660 |
| member, officer, or employee, but only to the extent that any | 16661 |
|
interest or influence could arise from | 16662 |
| or employment with the political subdivision, health district, or | 16663 |
| commission. | 16664 |
| (2) A solid waste management district, county, municipal | 16665 |
| corporation, township, health district, or planning commission | 16666 |
| described or referred to in divisions (K)(1)(a) to (d) of this | 16667 |
| section shall not be construed to be the business associate of a | 16668 |
| person who is concurrently a member of the board of county | 16669 |
| commissioners, directors, or trustees, or an officer or employee, | 16670 |
| of the district and an officer or employee of that municipal | 16671 |
| corporation, county, township, health district, or planning | 16672 |
| commission for the purposes of sections 102.03, 2921.42, and | 16673 |
| 2921.43 of the Revised Code. Any person who is concurrently a | 16674 |
| member of the board of county commissioners, directors, or | 16675 |
| trustees, or an officer or employee, of a solid waste management | 16676 |
| district so described or referred to and an officer or employee of | 16677 |
| a county, municipal corporation, township, health district, or | 16678 |
| planning commission so described or referred to may participate | 16679 |
| fully in deliberations concerning and vote on or otherwise | 16680 |
| participate in the approval or disapproval of any contract or | 16681 |
| expenditure of funds described in those divisions as a member of | 16682 |
| the board of county commissioners or directors, or an officer or | 16683 |
| employee, of a county or joint solid waste management district; | 16684 |
| member of the board of trustees, or an officer or employee, of a | 16685 |
| regional solid waste management authority managing a county or | 16686 |
| joint solid waste management district; member of the legislative | 16687 |
| authority, or an officer or employee, of a county forming the | 16688 |
| district; member of the legislative authority, or an officer or | 16689 |
| employee, of a municipal corporation or township located within | 16690 |
| the district; member of the board of health, or an officer or | 16691 |
| employee, of a health district having territorial jurisdiction | 16692 |
| within the district; or member of the planning commission, or an | 16693 |
| officer or employee of a county or regional planning commission | 16694 |
| having territorial jurisdiction within the district. | 16695 |
| (3) Nothing in division (K)(1) or (2) of this section shall | 16696 |
| be construed to exempt any member of the board of county | 16697 |
| commissioners, directors, or trustees, or an officer or employee, | 16698 |
| of a solid waste management district from a conflict of interest | 16699 |
| arising because of a personal or private business interest. | 16700 |
| (4) A member of the board of county commissioners of a county | 16701 |
| solid waste management district, board of directors of a joint | 16702 |
| solid waste management district, or board of trustees of a | 16703 |
| regional solid waste management authority managing a county or | 16704 |
| joint solid waste management district, or an officer or employee, | 16705 |
| of any such solid waste management district, neither shall be | 16706 |
| disqualified from holding any other public office or position of | 16707 |
| employment nor be required to forfeit any other public office or | 16708 |
|
position of
employment by reason of | 16709 |
| board of county commissioners, directors, or trustees, or as an | 16710 |
| officer or employee, of the district, notwithstanding any | 16711 |
| requirement to the contrary under the common law of this state or | 16712 |
| the Revised Code. | 16713 |
| (L) As used in this chapter: | 16714 |
| (1) "Board of health," "disposal," "health district," "scrap | 16715 |
| tires," and "solid waste transfer facility" have the same meanings | 16716 |
| as in section 3734.01 of the Revised Code. | 16717 |
| (2) "Change in district composition" and "change" have the | 16718 |
| same meaning as in section 3734.521 of the Revised Code. | 16719 |
| (3)(a) Except as provided in division (L)(3)(b) or (c), and | 16720 |
| (d), of this section, "solid wastes" has the same meaning as in | 16721 |
| section 3734.01 of the Revised Code. | 16722 |
| (b) If the solid waste management district is not one that | 16723 |
| resulted from proceedings for a change in district composition | 16724 |
| under sections 343.012 and 3734.521 of the Revised Code, until | 16725 |
| such time as an amended solid waste management plan is approved | 16726 |
| under section 3734.56 of the Revised Code, "solid wastes" need not | 16727 |
| include scrap tires unless the solid waste management policy | 16728 |
| committee established under section 3734.54 of the Revised Code | 16729 |
| for the district chooses to include the management of scrap tires | 16730 |
| in the district's initial solid waste management plan prepared | 16731 |
| under sections 3734.54 and 3734.55 of the Revised Code. | 16732 |
| (c) If the solid waste management district is one resulting | 16733 |
| from proceedings for a change in district composition under | 16734 |
| sections 343.012 and 3734.521 of the Revised Code and if the | 16735 |
| change involves an existing district that is operating under | 16736 |
| either an initial solid waste management plan approved or prepared | 16737 |
| and ordered to be implemented under section 3734.55 of the Revised | 16738 |
| Code or an initial or amended plan approved or prepared and | 16739 |
| ordered to be implemented under section 3734.521 of the Revised | 16740 |
| Code that does not provide for the management of scrap tires and | 16741 |
| scrap tire facilities, until such time as the amended plan of the | 16742 |
| district resulting from the change is approved under section | 16743 |
| 3734.56 of the Revised Code, "solid wastes" need not include scrap | 16744 |
| tires unless the solid waste management policy committee | 16745 |
| established under division (C) of section 3734.521 of the Revised | 16746 |
| Code for the district chooses to include the management of scrap | 16747 |
| tires in the district's initial or amended solid waste management | 16748 |
| plan prepared under section 3734.521 of the Revised Code in | 16749 |
| connection with the change proceedings. | 16750 |
| (d) If the policy committee chooses to include the management | 16751 |
| of scrap tires in an initial plan prepared under sections 3734.54 | 16752 |
| and 3734.55 of the Revised Code or in an initial or amended plan | 16753 |
| prepared under section 3734.521 of the Revised Code, the board of | 16754 |
| county commissioners or directors shall execute all of the duties | 16755 |
| imposed and may exercise any or all of the rights granted under | 16756 |
| this section for the purpose of managing solid wastes that consist | 16757 |
| of scrap tires. | 16758 |
| (4)(a) Except as provided in division (L)(4)(b) or (c), and | 16759 |
| (d) of this section, "facility" has the same meaning as in section | 16760 |
| 3734.01 of the Revised Code and also includes any solid waste | 16761 |
| transfer, recycling, or resource recovery facility. | 16762 |
| (b) If the solid waste management district is not one that | 16763 |
| resulted from proceedings for a change in district composition | 16764 |
| under sections 343.012 and 3734.521 of the Revised Code, until | 16765 |
| such time as an amended solid waste management plan is approved | 16766 |
| under section 3734.56 of the Revised Code, "facility" need not | 16767 |
| include any scrap tire collection, storage, monocell, monofill, or | 16768 |
| recovery facility unless the solid waste management policy | 16769 |
| committee established under section 3734.54 of the Revised Code | 16770 |
| for the district chooses to include the management of scrap tire | 16771 |
| facilities in the district's initial solid waste management plan | 16772 |
| prepared under sections 3734.54 and 3734.55 of the Revised Code. | 16773 |
| (c) If the solid waste management district is one resulting | 16774 |
| from proceedings for a change in district composition under | 16775 |
| sections 343.012 and 3734.521 of the Revised Code and if the | 16776 |
| change involves an existing district that is operating under | 16777 |
| either an initial solid waste management plan approved under | 16778 |
| section 3734.55 of the Revised Code or an initial or amended plan | 16779 |
| approved or prepared and ordered to be implemented under section | 16780 |
| 3734.521 of the Revised Code that does not provide for the | 16781 |
| management of scrap tires and scrap tire facilities, until such | 16782 |
| time as the amended plan of the district resulting from the change | 16783 |
| is approved under section 3734.56 of the Revised Code, "facility" | 16784 |
| need not include scrap tires unless the solid waste management | 16785 |
| policy committee established under division (C) of section | 16786 |
| 3734.521 of the Revised Code for the district chooses to include | 16787 |
| the management of scrap tires in the district's initial or amended | 16788 |
| solid waste management plan prepared under section 3734.521 of the | 16789 |
| Revised Code in connection with the change proceedings. | 16790 |
| (d) If the policy committee chooses to include the management | 16791 |
| of scrap tires in an initial plan prepared under sections 3734.54 | 16792 |
| and 3734.55 of the Revised Code or in an initial or amended plan | 16793 |
| prepared under section 3734.521 of the Revised Code, the board of | 16794 |
| county commissioners or directors shall execute all of the duties | 16795 |
| imposed and may exercise any or all of the rights granted under | 16796 |
| this section for the purpose of managing solid waste facilities | 16797 |
| that are scrap tire collection, storage, monocell, monofill, or | 16798 |
| recovery facilities. | 16799 |
| Sec. 504.21. (A) The board of township trustees of a | 16800 |
| township that has adopted a limited home rule government may, for | 16801 |
| the unincorporated territory in the township, adopt, amend, and | 16802 |
| rescind rules establishing technically feasible and economically | 16803 |
| reasonable standards to achieve a level of management and | 16804 |
| conservation practices that will abate wind or water erosion of | 16805 |
| the soil or abate the degradation of the waters of the state by | 16806 |
| soil sediment in conjunction with land grading, excavating, | 16807 |
| filling, or other soil disturbing activities on land used or being | 16808 |
| developed in the township for nonfarm commercial, industrial, | 16809 |
| residential, or other nonfarm purposes, and establish criteria for | 16810 |
| determination of the acceptability of those management and | 16811 |
| conservation practices. The rules shall be designed to implement | 16812 |
| the applicable areawide waste treatment management plan prepared | 16813 |
| under section 208 of the "Federal Water Pollution Control Act," 86 | 16814 |
| Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement | 16815 |
| phase II of the storm water program of the national pollutant | 16816 |
| discharge elimination system established in 40 C.F.R. Part 122. | 16817 |
| The rules to implement phase II of the storm water program of the | 16818 |
| national pollutant discharge elimination system shall not be | 16819 |
| inconsistent with, more stringent than, or broader in scope than | 16820 |
| the rules or regulations adopted by the environmental protection | 16821 |
| agency under 40 C.F.R. Part 122. The rules adopted under this | 16822 |
| section shall not apply inside the limits of municipal | 16823 |
| corporations, to lands being used in a strip mine operation as | 16824 |
| defined in section 1513.01 of the Revised Code, or to land being | 16825 |
| used in a surface mine operation as defined in section 1514.01 of | 16826 |
| the Revised Code. | 16827 |
| The rules adopted under this section may require persons to | 16828 |
| file plans governing erosion control, sediment control, and water | 16829 |
| management before clearing, grading, excavating, filling, or | 16830 |
| otherwise wholly or partially disturbing one or more contiguous | 16831 |
| acres of land owned by one person or operated as one development | 16832 |
| unit for the construction of nonfarm buildings, structures, | 16833 |
| utilities, recreational areas, or other similar nonfarm uses. If | 16834 |
| the rules require plans to be filed, the rules shall do all of the | 16835 |
| following: | 16836 |
| (1) Designate the board itself, its employees, or another | 16837 |
| agency or official to review and approve or disapprove the plans; | 16838 |
| (2) Establish procedures and criteria for the review and | 16839 |
| approval or disapproval of the plans; | 16840 |
| (3) Require the designated entity to issue a permit to a | 16841 |
| person for the clearing, grading, excavating, filling, or other | 16842 |
| project for which plans are approved and to deny a permit to a | 16843 |
| person whose plans have been disapproved; | 16844 |
| (4) Establish procedures for the issuance of the permits; | 16845 |
| (5) Establish procedures under which a person may appeal the | 16846 |
| denial of a permit. | 16847 |
| Areas of less than one contiguous acre shall not be exempt | 16848 |
| from compliance with other provisions of this section or rules | 16849 |
| adopted under this section. The rules adopted under this section | 16850 |
| may impose reasonable filing fees for plan review, permit | 16851 |
| processing, and field inspections. | 16852 |
| No permit or plan shall be required for a public highway, | 16853 |
| transportation, or drainage improvement or maintenance project | 16854 |
| undertaken by a government agency or political subdivision in | 16855 |
| accordance with a statement of its standard sediment control | 16856 |
| policies that is approved by the board or the chief of the | 16857 |
|
division of soil and water
| 16858 |
| department of natural resources. | 16859 |
| (B) Rules or amendments may be adopted under this section | 16860 |
| only after public hearings at not fewer than two regular sessions | 16861 |
| of the board of township trustees. The board shall cause to be | 16862 |
| published, in a newspaper of general circulation in the township, | 16863 |
| notice of the public hearings, including time, date, and place, | 16864 |
| once a week for two weeks immediately preceding the hearings. The | 16865 |
| proposed rules or amendments shall be made available by the board | 16866 |
| to the public at the board office or other location indicated in | 16867 |
| the notice. The rules or amendments shall take effect on the | 16868 |
| thirty-first day following the date of their adoption. | 16869 |
| (C) The board of township trustees may employ personnel to | 16870 |
| assist in the administration of this section and the rules adopted | 16871 |
| under it. The board also, if the action does not conflict with the | 16872 |
| rules, may delegate duties to review sediment control and water | 16873 |
| management plans to its employees, and may enter into agreements | 16874 |
| with one or more political subdivisions, other township officials, | 16875 |
| or other government agencies, in any combination, in order to | 16876 |
| obtain reviews and comments on plans governing erosion control, | 16877 |
| sediment control, and water management or to obtain other services | 16878 |
| for the administration of the rules adopted under this section. | 16879 |
| (D) The board of township trustees or any duly authorized | 16880 |
| representative of the board may, upon identification to the owner | 16881 |
| or person in charge, enter any land upon obtaining agreement with | 16882 |
| the owner, tenant, or manager of the land in order to determine | 16883 |
| whether there is compliance with the rules adopted under this | 16884 |
| section. If the board or its duly authorized representative is | 16885 |
| unable to obtain such an agreement, the board or representative | 16886 |
| may apply for, and a judge of the court of common pleas for the | 16887 |
| county where the land is located may issue, an appropriate | 16888 |
| inspection warrant as necessary to achieve the purposes of this | 16889 |
| section. | 16890 |
| (E)(1) If the board of township trustees or its duly | 16891 |
| authorized representative determines that a violation of the rules | 16892 |
| adopted under this section exists, the board or representative may | 16893 |
| issue an immediate stop work order if the violator failed to | 16894 |
| obtain any federal, state, or local permit necessary for sediment | 16895 |
| and erosion control, earth movement, clearing, or cut and fill | 16896 |
| activity. In addition, if the board or representative determines | 16897 |
| such a rule violation exists, regardless of whether or not the | 16898 |
| violator has obtained the proper permits, the board or | 16899 |
| representative may authorize the issuance of a notice of | 16900 |
| violation. If, after a period of not less than thirty days has | 16901 |
| elapsed following the issuance of the notice of violation, the | 16902 |
| violation continues, the board or its duly authorized | 16903 |
| representative shall issue a second notice of violation. Except as | 16904 |
| provided in division (E)(3) of this section, if, after a period of | 16905 |
| not less than fifteen days has elapsed following the issuance of | 16906 |
| the second notice of violation, the violation continues, the board | 16907 |
| or its duly authorized representative may issue a stop work order | 16908 |
| after first obtaining the written approval of the prosecuting | 16909 |
| attorney of the county in which the township is located if, in the | 16910 |
| opinion of the prosecuting attorney, the violation is egregious. | 16911 |
| Once a stop work order is issued, the board or its duly | 16912 |
| authorized representative shall request, in writing, the | 16913 |
| prosecuting attorney to seek an injunction or other appropriate | 16914 |
| relief in the court of common pleas to abate excessive erosion or | 16915 |
| sedimentation and secure compliance with the rules adopted under | 16916 |
| this section. If the prosecuting attorney seeks an injunction or | 16917 |
| other appropriate relief, then, in granting relief, the court of | 16918 |
| common pleas may order the construction of sediment control | 16919 |
| improvements or implementation of other control measures and may | 16920 |
| assess a civil fine of not less than one hundred or more than five | 16921 |
| hundred dollars. Each day of violation of a rule or stop work | 16922 |
| order issued under this section shall be considered a separate | 16923 |
| violation subject to a civil fine. | 16924 |
| (2) The person to whom a stop work order is issued under this | 16925 |
| section may appeal the order to the court of common pleas of the | 16926 |
| county in which it was issued, seeking any equitable or other | 16927 |
| appropriate relief from that order. | 16928 |
| (3) No stop work order shall be issued under this section | 16929 |
| against any public highway, transportation, or drainage | 16930 |
| improvement or maintenance project undertaken by a government | 16931 |
| agency or political subdivision in accordance with a statement of | 16932 |
| its standard sediment control policies that is approved by the | 16933 |
|
board or the chief of the division of soil and water | 16934 |
| resources in the department of natural resources. | 16935 |
| (F) No person shall violate any rule adopted or order issued | 16936 |
| under this section. Notwithstanding division (E) of this section, | 16937 |
| if the board of township trustees determines that a violation of | 16938 |
| any rule adopted or administrative order issued under this section | 16939 |
| exists, the board may request, in writing, the prosecuting | 16940 |
| attorney of the county in which the township is located, to seek | 16941 |
| an injunction or other appropriate relief in the court of common | 16942 |
| pleas to abate excessive erosion or sedimentation and secure | 16943 |
| compliance with the rules or order. In granting relief, the court | 16944 |
| of common pleas may order the construction of sediment control | 16945 |
| improvements or implementation of other control measures and may | 16946 |
| assess a civil fine of not less than one hundred or more than five | 16947 |
| hundred dollars. Each day of violation of a rule adopted or | 16948 |
| administrative order issued under this section shall be considered | 16949 |
| a separate violation subject to a civil fine. | 16950 |
| Sec. 718.04. (A) No municipal corporation other than the | 16951 |
| 16952 | |
| income of any member or employee of the Ohio general assembly | 16953 |
| including the lieutenant governor which income is received as a | 16954 |
| result of services rendered as such member or employee and is paid | 16955 |
| from appropriated funds of this state. | 16956 |
| (B) No municipal corporation other than the municipal | 16957 |
| corporation of residence and the city of Columbus shall levy a | 16958 |
| tax on the income of the chief justice or a justice of the | 16959 |
| supreme court received as a result of services rendered as the | 16960 |
| chief justice or justice. No municipal corporation other than the | 16961 |
| municipal corporation of residence shall levy a tax on the income | 16962 |
| of a judge sitting by assignment of the chief justice or on the | 16963 |
| income of a district court of appeals judge sitting in multiple | 16964 |
| locations within the district, received as a result of services | 16965 |
| rendered as a judge. | 16966 |
| Sec. 721.15. (A) Personal property not needed for municipal | 16967 |
| purposes, the estimated value of which is less than one thousand | 16968 |
| dollars, may be sold by the board or officer having supervision or | 16969 |
| management of that property. If the estimated value of that | 16970 |
| property is one thousand dollars or more, it shall be sold only | 16971 |
| when authorized by an ordinance of the legislative authority of | 16972 |
| the municipal corporation and approved by the board, officer, or | 16973 |
| director having supervision or management of that property. When | 16974 |
| so authorized, the board, officer, or director shall make a | 16975 |
| written contract with the highest and best bidder after | 16976 |
| advertisement for not less than two or more than four consecutive | 16977 |
| weeks in a newspaper of general circulation within the municipal | 16978 |
| corporation, or with a board of county commissioners upon such | 16979 |
| lawful terms as are agreed upon, as provided by division (B)(1) of | 16980 |
| section 721.27 of the Revised Code. | 16981 |
| (B) When the legislative authority finds, by resolution, that | 16982 |
| the municipal corporation has vehicles, equipment, or machinery | 16983 |
| which is obsolete, or is not needed or is unfit for public use, | 16984 |
| that the municipal corporation has need of other vehicles, | 16985 |
| equipment, or machinery of the same type, and that it will be in | 16986 |
| the best interest of the municipal corporation that the sale of | 16987 |
| obsolete, unneeded, or unfit vehicles, equipment, or machinery be | 16988 |
| made simultaneously with the purchase of the new vehicles, | 16989 |
| equipment, or machinery of the same type, the legislative | 16990 |
| authority may offer to sell, or authorize a board, officer, or | 16991 |
| director of the municipal corporation having supervision or | 16992 |
| management of the property to offer to sell, those vehicles, | 16993 |
| equipment, or machinery and to have the selling price credited | 16994 |
| against the purchase price of other vehicles, equipment, or | 16995 |
| machinery and to consummate the sale and purchase by a single | 16996 |
| contract with the lowest and best bidder to be determined by | 16997 |
| subtracting from the selling price of the vehicles, equipment, or | 16998 |
| machinery to be purchased by the municipal corporation the | 16999 |
| purchase price offered for the municipally-owned vehicles, | 17000 |
| equipment, or machinery. When the legislative authority or the | 17001 |
| authorized board, officer, or director of a municipal corporation | 17002 |
| advertises for bids for the sale of new vehicles, equipment, or | 17003 |
| machinery to the municipal corporation, they may include in the | 17004 |
| same advertisement a notice of willingness to accept bids for the | 17005 |
| purchase of municipally-owned vehicles, equipment, or machinery | 17006 |
| which is obsolete, or is not needed or is unfit for public use, | 17007 |
| and to have the amount of those bids subtracted from the selling | 17008 |
| price as a means of determining the lowest and best bidder. | 17009 |
| (C) If the legislative authority of the municipal corporation | 17010 |
| determines that municipal personal property is not needed for | 17011 |
| public use, or is obsolete or unfit for the use for which it was | 17012 |
| acquired, and that the property has no value, the legislative | 17013 |
| authority may discard or salvage that property. | 17014 |
| (D) Notwithstanding anything to the contrary in division (A) | 17015 |
| or (B) of this section and regardless of the property's value, the | 17016 |
| legislative authority of a municipal corporation may sell personal | 17017 |
| property, including motor vehicles acquired for the use of | 17018 |
| municipal officers and departments, and road machinery, equipment, | 17019 |
| tools, or supplies, which is not needed for public use, or is | 17020 |
| obsolete or unfit for the use for which it was acquired, by | 17021 |
| internet auction. The legislative authority shall adopt, during | 17022 |
| each calendar year, a resolution expressing its intent to sell | 17023 |
| that property by internet auction. The resolution shall include a | 17024 |
| description of how the auctions will be conducted and shall | 17025 |
| specify the number of days for bidding on the property, which | 17026 |
|
shall be no less than | 17027 |
| Sundays, and legal holidays. The resolution shall indicate whether | 17028 |
| the municipal corporation will conduct the auction or the | 17029 |
| legislative authority will contract with a representative to | 17030 |
| conduct the auction and shall establish the general terms and | 17031 |
| conditions of sale. If a representative is known when the | 17032 |
| resolution is adopted, the resolution shall provide contact | 17033 |
| information such as the representative's name, address, and | 17034 |
| telephone number. | 17035 |
| After adoption of the resolution, the legislative authority | 17036 |
| shall publish, in a newspaper of general circulation in the | 17037 |
| municipal corporation, notice of its intent to sell unneeded, | 17038 |
| obsolete, or unfit municipal personal property by internet | 17039 |
| auction. The notice shall include a summary of the information | 17040 |
| provided in the resolution and shall be published at least twice. | 17041 |
| The second and any subsequent notice shall be published not less | 17042 |
| than ten nor more than twenty days after the previous notice. A | 17043 |
| similar notice also shall be posted continually throughout the | 17044 |
| calendar year in a conspicuous place in the offices of the village | 17045 |
| clerk or city auditor, and the legislative authority, and, if the | 17046 |
| municipal corporation maintains a website on the internet, the | 17047 |
| notice shall be posted continually throughout the calendar year at | 17048 |
| that website. | 17049 |
| When the property is to be sold by internet auction, the | 17050 |
| legislative authority or its representative may establish a | 17051 |
| minimum price that will be accepted for specific items and may | 17052 |
| establish any other terms and conditions for the particular sale, | 17053 |
| including requirements for pick-up or delivery, method of payment, | 17054 |
| and sales tax. This type of information shall be provided on the | 17055 |
| internet at the time of the auction and may be provided before | 17056 |
| that time upon request after the terms and conditions have been | 17057 |
| determined by the legislative authority or its representative. | 17058 |
| Sec. 737.39. (A) A municipal police officer who is trained | 17059 |
| in the same manner as uniformed employees of the motor carrier | 17060 |
| enforcement unit created under section 5503.34 of the Revised | 17061 |
| Code may, to the same extent as those employees, enforce | 17062 |
| compliance with any provision of Chapters 4919., 4921., and 4923. | 17063 |
| of the Revised Code or of a rule or order adopted or issued under | 17064 |
| those chapters regarding commercial motor vehicle transportation | 17065 |
| safety, economic, and hazardous materials requirements. | 17066 |
| (B)(1) A municipal police officer acting under division (A) | 17067 |
| of this section shall do both of the following: | 17068 |
| (a) Cooperate with the public utilities commission in | 17069 |
| carrying out that division and in enforcing any other applicable | 17070 |
| laws; | 17071 |
| (b) Comply with any rules adopted pursuant to section 4919.80 | 17072 |
| of the Revised Code. | 17073 |
| (2) A uniformed municipal police officer under division (A) | 17074 |
| of this section may stop commercial motor vehicles for the | 17075 |
| purpose of inspecting those vehicles in carrying out that | 17076 |
| division. | 17077 |
| Sec. 901.041. There is hereby created in the state treasury | 17078 |
| the sustainable agriculture program fund. The fund shall consist | 17079 |
| of money credited to it, including, without limitation, federal | 17080 |
| money. The director of agriculture shall use money in the fund to | 17081 |
| support programs and activities that advance sustainable | 17082 |
| agriculture, including administrative costs incurred by the | 17083 |
| department of agriculture in administering the programs and | 17084 |
| activities. | 17085 |
| Sec. 901.20. (A) The director of agriculture may do either | 17086 |
| or both of the following: | 17087 |
| (1) Reserve exhibition space for exhibitors to exhibit their | 17088 |
| goods in trade shows held in this country or in any other country. | 17089 |
| The director may charge and collect fees from any exhibitor who | 17090 |
| uses space reserved by the director under division (A)(1) of this | 17091 |
| section. | 17092 |
| (2) Conduct or cause to be conducted seminars or other | 17093 |
| educational programs for the benefit of farmers and other | 17094 |
| producers in this state who are interested in exporting their | 17095 |
| goods overseas. The director may charge and collect fees from any | 17096 |
| person who attends a seminar or other educational program | 17097 |
| conducted under division (A)(2) of this section. | 17098 |
| (B) There is hereby created in the state treasury the Ohio | 17099 |
| proud, international, and domestic market development fund. Fees | 17100 |
| collected under division (A) of this section shall be deposited | 17101 |
| into the fund. The fund shall be used solely to carry out the | 17102 |
| purposes of that division. | 17103 |
| Sec. 901.32. Funds and the proceeds of the trust assets | 17104 |
| 17105 | |
| of agriculture of the United States under section 901.31 of the | 17106 |
| Revised Code shall be paid to and received by the director of | 17107 |
|
agriculture, and paid by | 17108 |
| to the credit of the Ohio farm loan fund, which is hereby created. | 17109 |
| Money credited to the fund may be expended or obligated by the | 17110 |
|
director for | 17111 |
| 17112 | |
| 17113 | |
| 17114 | |
| 17115 |
| All moneys received from investment of the fund shall be | 17116 |
| credited to the fund. | 17117 |
| All moneys received by the director resulting from the | 17118 |
| operation of the fund shall be credited to the fund. | 17119 |
| Sec. 901.43. (A) The director of agriculture may authorize | 17120 |
| any department of agriculture laboratory to perform a laboratory | 17121 |
| service for any person, organization, political subdivision, state | 17122 |
| agency, federal agency, or other entity, whether public or | 17123 |
| private. The director shall adopt and enforce rules to provide for | 17124 |
| the rendering of a laboratory service. | 17125 |
| (B) The director may charge a reasonable fee for the | 17126 |
| performance of a laboratory service, except when the service is | 17127 |
| performed on an official sample taken by the director acting | 17128 |
| pursuant to Title IX, Chapter 3715., or Chapter 3717. of the | 17129 |
| Revised Code; by a board of health acting as the licensor of | 17130 |
| retail food establishments or food service operations under | 17131 |
| Chapter 3717. of the Revised Code; or by the director of health | 17132 |
| acting as the licensor of food service operations under Chapter | 17133 |
| 3717. of the Revised Code. The director of agriculture shall adopt | 17134 |
| rules specifying what constitutes an official sample. | 17135 |
| The director shall publish a list of laboratory services | 17136 |
| offered, together with the fee for each service. | 17137 |
| (C) The director may enter into a contract with any person, | 17138 |
| organization, political subdivision, state agency, federal agency, | 17139 |
| or other entity for the provision of a laboratory service. | 17140 |
| (D)(1) The director may adopt rules establishing standards | 17141 |
| for accreditation of laboratories and laboratory services and in | 17142 |
| doing so may adopt by reference existing or recognized standards | 17143 |
| or practices. | 17144 |
| (2) The director may inspect and accredit laboratories and | 17145 |
| laboratory services, and may charge a reasonable fee for the | 17146 |
| inspections and accreditation. | 17147 |
| (E)(1) There is hereby created in the state treasury the | 17148 |
|
animal | 17149 |
| Moneys from the following sources shall be deposited into the | 17150 |
| state treasury to the credit of the fund: all moneys collected by | 17151 |
| the director under this section that are from fees generated by a | 17152 |
| laboratory service performed by the department and related to the | 17153 |
| diseases of animals, all moneys so collected that are from fees | 17154 |
| generated for the inspection and accreditation of laboratories and | 17155 |
| laboratory services related to the diseases of animals, all moneys | 17156 |
| collected by the director under this section that are from fees | 17157 |
| generated by a laboratory service performed by the consumer | 17158 |
|
analytical laboratory, | 17159 |
| fees generated for the inspection and accreditation of | 17160 |
| laboratories and laboratory services not related to weights and | 17161 |
| measures, and all moneys collected under Chapters 942., 943., and | 17162 |
| 953. of the Revised Code. The director may use the moneys held in | 17163 |
| the fund to pay the expenses necessary to operate the animal | 17164 |
| industry laboratory and the consumer analytical laboratory, | 17165 |
| including the purchase of supplies and equipment. | 17166 |
| (2) All moneys collected by the director under this section | 17167 |
| that are from fees generated by a laboratory service performed by | 17168 |
| the weights and measures laboratory, and all moneys so collected | 17169 |
| that are from fees generated for the inspection and accreditation | 17170 |
| of laboratories and laboratory services related to weights and | 17171 |
| measures, shall be deposited in the state treasury to the credit | 17172 |
| of the weights and measures laboratory fund, which is hereby | 17173 |
| created in the state treasury. The moneys held in the fund may be | 17174 |
| used to pay the expenses necessary to operate the division of | 17175 |
| weights and measures, including the purchase of supplies and | 17176 |
| equipment. | 17177 |
| Sec. 901.91. The director of agriculture may assess the | 17178 |
| operating funds of the department of agriculture to pay a share of | 17179 |
| the department's central support and administrative costs. The | 17180 |
| assessments shall be based on a plan that the director develops | 17181 |
| and submits to the director of budget and management not later | 17182 |
| than the fifteenth day of July of the fiscal year in which the | 17183 |
| assessments are to be made. If the director of budget and | 17184 |
| management approves the plan, assessments shall be paid from the | 17185 |
| funds designated in the plan and credited by means of intrastate | 17186 |
| transfer voucher to the department of agriculture central | 17187 |
| support indirect costs fund, which is hereby created in the | 17188 |
| state treasury. The fund shall be administered by the director | 17189 |
| of agriculture and used to pay central support and administrative | 17190 |
| costs of the department of agriculture. | 17191 |
| Sec. 903.082. (A) The director of agriculture may determine | 17192 |
| that an animal feeding facility that is not a medium concentrated | 17193 |
| animal feeding operation or small concentrated animal feeding | 17194 |
| operation as defined in section 903.01 of the Revised Code | 17195 |
| nevertheless shall be required to be permitted as a medium or | 17196 |
| small concentrated animal feeding operation when all of the | 17197 |
| following apply: | 17198 |
| (1) The director has received from the chief of the division | 17199 |
|
of soil and water | 17200 |
| natural resources a copy of an order issued under section 1511.02 | 17201 |
| of the Revised Code that specifies that the animal feeding | 17202 |
| facility has caused agricultural pollution by failure to comply | 17203 |
| with standards established under that section and that the animal | 17204 |
| feeding facility therefore should be required to be permitted as a | 17205 |
| medium or small concentrated animal feeding operation. | 17206 |
| (2) The director or the director's authorized representative | 17207 |
| has inspected the animal feeding facility. | 17208 |
| (3) The director or the director's authorized representative | 17209 |
| finds that the facility is not being operated in a manner that | 17210 |
| protects the waters of the state. | 17211 |
| (B) If an animal feeding facility is required to be permitted | 17212 |
| in accordance with this section, the owner or operator of the | 17213 |
| facility shall apply to the director for a permit to operate as a | 17214 |
| concentrated animal feeding operation. In a situation in which | 17215 |
| best management practices cannot be implemented without modifying | 17216 |
| the existing animal feeding facility, the owner or operator of the | 17217 |
| facility also shall apply for a permit to install for the | 17218 |
| facility. | 17219 |
| (C) In the case of an animal feeding facility for which a | 17220 |
| permit to operate is required under this section, a permit to | 17221 |
| operate shall not be required after the end of the five-year term | 17222 |
| of the permit if the problems that caused the facility to be | 17223 |
| required to obtain the permit have been corrected to the | 17224 |
| director's satisfaction. | 17225 |
| Sec. 903.11. (A) The director of agriculture may enter into | 17226 |
| contracts or agreements to carry out the purposes of this chapter | 17227 |
| with any public or private person, including the Ohio state | 17228 |
| university extension service, the natural resources conservation | 17229 |
| service in the United States department of agriculture, the | 17230 |
| environmental protection agency, the division of soil and water | 17231 |
| 17232 | |
| soil and water conservation districts established under Chapter | 17233 |
| 1515. of the Revised Code. However, the director shall not enter | 17234 |
| into a contract or agreement with a private person for the review | 17235 |
| of applications for permits to install, permits to operate, NPDES | 17236 |
| permits, or review compliance certificates that are issued under | 17237 |
| this chapter or for the inspection of a facility regulated under | 17238 |
| this chapter or with any person for the issuance of any of those | 17239 |
| permits or certificates or for the enforcement of this chapter and | 17240 |
| rules adopted under it. | 17241 |
| (B) The director may administer grants and loans using moneys | 17242 |
| from the federal government and other sources, public or private, | 17243 |
| for carrying out any of the director's functions. Nothing in this | 17244 |
| chapter shall be construed to limit the eligibility of owners or | 17245 |
| operators of animal feeding facilities or other agricultural | 17246 |
| enterprises to receive moneys from the water pollution control | 17247 |
| loan fund established under section 6111.036 of the Revised Code | 17248 |
| and the nonpoint source pollution management fund established | 17249 |
| under section 6111.037 of the Revised Code. | 17250 |
| The director of agriculture shall provide the director of | 17251 |
| environmental protection with written recommendations for | 17252 |
| providing financial assistance from those funds to agricultural | 17253 |
| enterprises. The director of environmental protection shall | 17254 |
| consider the recommendations in developing priorities for | 17255 |
| providing financial assistance from the funds. | 17256 |
| Sec. 903.25. An owner or operator of an animal feeding | 17257 |
| facility who holds a permit to install, a permit to operate, a | 17258 |
| review compliance certificate, or a NPDES permit or who is | 17259 |
| operating under an operation and management plan, as defined in | 17260 |
| section 1511.01 of the Revised Code, approved by the chief of the | 17261 |
|
division of soil and water | 17262 |
| department of natural resources under section 1511.02 of the | 17263 |
| Revised Code or by the supervisors of the appropriate soil and | 17264 |
| water conservation district under section 1515.08 of the Revised | 17265 |
| Code shall not be required by any political subdivision of the | 17266 |
| state or any officer, employee, agency, board, commission, | 17267 |
| department, or other instrumentality of a political subdivision to | 17268 |
| obtain a license, permit, or other approval pertaining to manure, | 17269 |
| insects or rodents, odor, or siting requirements for installation | 17270 |
| of an animal feeding facility. | 17271 |
| Sec. 905.32. (A) No person shall manufacture or distribute | 17272 |
| in this state any type of fertilizer until a license to | 17273 |
| manufacture or distribute has been obtained by the manufacturer or | 17274 |
| distributor from the department of agriculture upon payment of a | 17275 |
| five dollar fee: | 17276 |
| (1) For each fixed (permanent) location at which fertilizer | 17277 |
| is manufactured in this state; | 17278 |
| (2) For each mobile unit used to manufacture fertilizer in | 17279 |
| this state; | 17280 |
| (3) For each location out of the state from which fertilizer | 17281 |
| is distributed in this state to nonlicensees. | 17282 |
| All licenses shall be valid for one year beginning on the | 17283 |
| first day of December of a calendar year through the thirtieth day | 17284 |
| of November of the following calendar year. A renewal application | 17285 |
| for a license shall be submitted no later than the thirtieth day | 17286 |
| of November each year. A person who submits a renewal application | 17287 |
| for a license after the thirtieth day of November shall include | 17288 |
| with the application a late filing fee of ten dollars. | 17289 |
| (B) An application for license shall include: | 17290 |
| (1) The name and address of the licensee; | 17291 |
| (2) The name and address of each bulk distribution point in | 17292 |
| the state, not licensed for fertilizer manufacture and | 17293 |
| distribution. | 17294 |
| The name and address shown on the license shall be shown on | 17295 |
| all labels, pertinent invoices, and bulk storage for fertilizers | 17296 |
| distributed by the licensee in this state. | 17297 |
| (C) The licensee shall inform the director of agriculture in | 17298 |
| writing of additional distribution points established during the | 17299 |
| period of the license. | 17300 |
| (D) All money collected under this section shall be credited | 17301 |
| to the pesticide, fertilizer, and lime program fund created in | 17302 |
| section 921.22 of the Revised Code. | 17303 |
| Sec. 905.33. (A) Except as provided in division (C) of this | 17304 |
| section, no person shall distribute in this state a specialty | 17305 |
| fertilizer until it is registered by the manufacturer or | 17306 |
| distributor with the department of agriculture. An application, in | 17307 |
| duplicate, for each brand and product name of each grade of | 17308 |
| specialty fertilizer shall be made on a form furnished by the | 17309 |
| director of agriculture and shall be accompanied with a fee of | 17310 |
| fifty dollars for each brand and product name of each grade. | 17311 |
| Labels for each brand and product name of each grade shall | 17312 |
| accompany the application. Upon the approval of an application by | 17313 |
| the director, a copy of the registration shall be furnished the | 17314 |
| applicant. All registrations shall be valid for one year beginning | 17315 |
| on the first day of December of a calendar year through the | 17316 |
| thirtieth day of November of the following calendar year. | 17317 |
| (B) An application for registration shall include the | 17318 |
| following: | 17319 |
| (1) Name and address of the manufacturer or distributor; | 17320 |
| (2) The brand and product name; | 17321 |
| (3) The grade; | 17322 |
| (4) The guaranteed analysis; | 17323 |
| (5) The package sizes for persons that package fertilizers | 17324 |
| only in containers of ten pounds or less. | 17325 |
| (C)(1) No person who engages in the business of applying | 17326 |
| custom mixed fertilizer to lawns, golf courses, recreation areas, | 17327 |
| or other real property that is not used for agricultural | 17328 |
| production shall be required to register the custom mixed | 17329 |
| fertilizer as a specialty fertilizer in accordance with division | 17330 |
| (A) of this section if the fertilizer ingredients of the custom | 17331 |
| mixed fertilizer are registered as specialty fertilizers and the | 17332 |
| inspection fee described in division (A) of section 905.36 of the | 17333 |
| Revised Code is paid. | 17334 |
| (2) No person who engages in the business of blending custom | 17335 |
| mixed fertilizer for use on lawns, golf courses, recreation areas, | 17336 |
| or other real property that is not used for agricultural | 17337 |
| production shall be required to register the custom mixed | 17338 |
| fertilizer as a specialty fertilizer in accordance with division | 17339 |
| (A) of this section if the facility holds a nonagricultural | 17340 |
| production custom mixed fertilizer blender license issued under | 17341 |
| section 905.331 of the Revised Code. | 17342 |
| (D) A person who engages in the business of applying or | 17343 |
| blending custom mixed fertilizer as described in division (C) of | 17344 |
| this section shall maintain an original or a copy of an invoice or | 17345 |
| document of sale for all fertilizer the person applies or | 17346 |
| distributes for one year following the date of the application or | 17347 |
| distribution, and, upon the director's request, shall furnish the | 17348 |
| director with the invoice or document of sale for the director's | 17349 |
| review. | 17350 |
| (E) All money collected under this section shall be credited | 17351 |
| to the pesticide, fertilizer, and lime program fund created in | 17352 |
| section 921.22 of the Revised Code. | 17353 |
| Sec. 905.331. No person who engages in the business of | 17354 |
| blending a custom mixed fertilizer for use on lawns, golf courses, | 17355 |
| recreation areas, or other real property that is not used for | 17356 |
| agricultural production shall fail to register a specialty | 17357 |
| fertilizer in accordance with division (A) of section 905.33 of | 17358 |
| the Revised Code unless the person has obtained an annual | 17359 |
| nonagricultural production custom mixed fertilizer blender license | 17360 |
| from the director of agriculture. | 17361 |
| A license issued under this section shall be valid from the | 17362 |
| first day of December of a calendar year through the thirtieth day | 17363 |
| of November of the following calendar year. A renewal application | 17364 |
| for a nonagricultural production custom mixed fertilizer blender | 17365 |
| license shall be submitted to the director no later than the | 17366 |
| thirtieth day of November each year and shall include the name and | 17367 |
| address of the applicant and of the premises where the blending | 17368 |
| occurs and a one-hundred-dollar fee. A person who submits a | 17369 |
| renewal application for a license after the thirtieth day of | 17370 |
| November shall include with the application a late filing fee of | 17371 |
| ten dollars. All nonagricultural production custom mixed | 17372 |
| fertilizer blender licenses expire on the thirtieth day of | 17373 |
| November each year. | 17374 |
| A person holding a nonagricultural production custom mixed | 17375 |
| fertilizer blender license shall pay the inspection fees described | 17376 |
| in division (A) of section 905.36 of the Revised Code for each | 17377 |
| product being blended. | 17378 |
| All money collected under this section shall be credited to | 17379 |
| the pesticide, fertilizer, and lime program fund created in | 17380 |
| section 921.22 of the Revised Code. | 17381 |
| Sec. 905.36. (A) A licensee or registrant, except | 17382 |
| registrants who package specialty fertilizers only in containers | 17383 |
| of ten pounds or less, shall pay the director of agriculture for | 17384 |
| all fertilizers distributed in this state an inspection fee at the | 17385 |
| rate of twenty-five cents per ton or twenty-eight cents per metric | 17386 |
| ton. Licensees and registrants shall specify on an invoice whether | 17387 |
| the per ton inspection fee has been paid or whether payment of the | 17388 |
| fee is the responsibility of the purchaser of the fertilizer. The | 17389 |
| payment of this inspection fee by a licensee or registrant shall | 17390 |
| exempt all other persons from the payment of this fee. | 17391 |
| (B) Every licensee or registrant shall file with the director | 17392 |
| an annual tonnage report that includes the number of net tons or | 17393 |
| metric tons of fertilizer distributed to nonlicensees or | 17394 |
| nonregistrants in this state by grade; packaged; bulk, dry or | 17395 |
| liquid. The report shall be filed on or before the thirtieth day | 17396 |
| of November of each calendar year and shall include data from the | 17397 |
| period beginning on the first day of November of the year | 17398 |
| preceding the year in which the report is due through the | 17399 |
| thirty-first day of October of the year in which the report is | 17400 |
| due. The licensee or registrant, except registrants who package | 17401 |
| specialty fertilizers only in containers of ten pounds or less, | 17402 |
| shall include with this statement the inspection fee at the rate | 17403 |
| stated in division (A) of this section. For a tonnage report that | 17404 |
| is not filed or payment of inspection fees that is not made on or | 17405 |
| before the thirtieth day of November of the applicable calendar | 17406 |
| year, a penalty of fifty dollars or ten per cent of the amount | 17407 |
| due, whichever is greater, shall be assessed against the licensee | 17408 |
| or registrant. The amount of fees due, plus penalty, shall | 17409 |
| constitute a debt and become the basis of a judgment against the | 17410 |
| licensee or registrant. For tonnage reports found to be | 17411 |
| incorrect, a penalty of fifteen per cent of the amount due shall | 17412 |
| be assessed against the licensee or registrant and shall | 17413 |
| constitute a debt and become the basis of a judgment against the | 17414 |
| licensee or registrant. | 17415 |
| (C) No information furnished under this section shall be | 17416 |
| disclosed by any employee of the department of agriculture in such | 17417 |
| a way as to divulge the operation of any person required to make | 17418 |
| such a report. The filing by a licensee or registrant of a sales | 17419 |
| volume tonnage statement required by division (B) of this section | 17420 |
| thereby grants permission to the director to verify the same with | 17421 |
| the records of the licensee or registrant. | 17422 |
| (D) All money collected under this section shall be credited | 17423 |
| to the pesticide, fertilizer, and lime program fund created in | 17424 |
| section 921.22 of the Revised Code. | 17425 |
| Sec. 905.50. If the director of agriculture has taken an | 17426 |
| official sample of a fertilizer or mixed fertilizer and determined | 17427 |
| that it constitutes mislabeled fertilizer pursuant to rules | 17428 |
| adopted under section 905.40 of the Revised Code, the person who | 17429 |
| labeled the fertilizer or mixed fertilizer shall pay a penalty to | 17430 |
| the consumer of the mislabeled fertilizer or, if the consumer | 17431 |
| cannot be determined with reasonable diligence or is not | 17432 |
|
available, to the director | 17433 |
| 17434 | |
| 17435 | |
| the Revised Code. The amount of the penalty shall be calculated in | 17436 |
| accordance with either division (A) or (B) of this section, | 17437 |
| whichever method of calculation yields the largest amount. | 17438 |
| (A)(1) A penalty required to be paid under this section may | 17439 |
| be calculated as follows: | 17440 |
| (a) Five dollars for each percentage point of total nitrogen | 17441 |
| or phosphorus in the fertilizer that is below the percentage of | 17442 |
| nitrogen or phosphorus guaranteed on the label, multiplied by the | 17443 |
| number of tons of mislabeled fertilizer that have been sold to the | 17444 |
| consumer; | 17445 |
| (b) Three dollars for each percentage point of potash in the | 17446 |
| fertilizer that is below the percentage of potash guaranteed on | 17447 |
| the label, multiplied by the number of tons of mislabeled | 17448 |
| fertilizer that have been sold to the consumer. | 17449 |
| (2) In the case of a fertilizer that contains a quantity of | 17450 |
| nitrogen, phosphorus, or potash that is more than five percentage | 17451 |
| points below the percentages guaranteed on the label, the | 17452 |
| penalties calculated under division (A)(1) of this section shall | 17453 |
| be tripled. | 17454 |
| (3) No penalty calculated under division (A) of this section | 17455 |
| shall be less than twenty-five dollars. | 17456 |
| (B) A penalty required to be paid under this section may be | 17457 |
| calculated by multiplying the market value of one unit of the | 17458 |
| mislabeled fertilizer by the number of units of the mislabeled | 17459 |
| fertilizer that have been sold to the consumer. | 17460 |
| (C) Upon making a determination under this section that a | 17461 |
| person has mislabeled fertilizer or mixed fertilizer, the director | 17462 |
| shall determine the parties to whom the penalty imposed by this | 17463 |
| section is required to be paid and, in accordance with division | 17464 |
| (A) or (B) of this section, as applicable, shall calculate the | 17465 |
| amount of the penalty required to be paid to each such party. | 17466 |
| After completing those determinations and calculations, the | 17467 |
| director shall issue to the person who allegedly mislabeled the | 17468 |
| fertilizer or mixed fertilizer a notice of violation. The notice | 17469 |
| shall be accompanied by an order requiring, and specifying the | 17470 |
| manner of, payment of the penalty imposed by this section to the | 17471 |
| parties in the amounts set forth in the determinations and | 17472 |
| calculations required by this division. The order shall be issued | 17473 |
| in accordance with Chapter 119. of the Revised Code. | 17474 |
| No person shall violate a term or condition of an order | 17475 |
| issued under this division. | 17476 |
| Sec. 905.51. As used in sections 905.51 to | 17477 |
| the Revised Code: | 17478 |
| (A) "Liming material" means all materials, the calcium and | 17479 |
| magnesium content of which is used to neutralize soil acidity, and | 17480 |
| includes the oxide, hydrate, carbonate, and silicate forms, as | 17481 |
| defined by rule, or combinations of those forms. "Liming material" | 17482 |
| includes materials such as the following: | 17483 |
| (1) Limestone; | 17484 |
| (2) Hydrated lime; | 17485 |
| (3) Burnt lime; | 17486 |
| (4) Industrial by-product; | 17487 |
| (5) Marl and shell. | 17488 |
| (B) "Bulk" means in a nonpackaged form. | 17489 |
| (C) "Label" means any written or printed matter on the | 17490 |
| package, or tag attached thereto. | 17491 |
| (D) "Manufacture" means to process, crush, grind, pelletize, | 17492 |
| or blend. | 17493 |
| (E) "Person" means any partnership, association, firm, or | 17494 |
| corporation, company, society, individual or combination of | 17495 |
| individuals, institution, park, or public agency administered by | 17496 |
| the state or any subdivision of the state. | 17497 |
| (F) "Product name" means a coined or specific designation | 17498 |
| applied to an individual liming material. | 17499 |
| (G) "Sale" means an exchange or offer to exchange ownership, | 17500 |
| or a transfer or offer to transfer custody. | 17501 |
| (H) "Ton" means a net weight of two thousand pounds. | 17502 |
| (I) "Metric ton" means a measure of weight equal to one | 17503 |
| thousand kilograms. | 17504 |
| (J) "Pelletized lime" means a finely ground limestone product | 17505 |
| or manufactured material that is held together in a granulated | 17506 |
| form by a water soluble binding agent and that is capable of | 17507 |
| neutralizing soil acidity. | 17508 |
| (K) "Water treatment lime sludge" means lime sludge generated | 17509 |
| during the process of treating water supplies having levels of | 17510 |
| heavy metals at or below the levels permitted in standards adopted | 17511 |
| by the director of environmental protection governing the land | 17512 |
| application of lime sludge so generated. | 17513 |
| (L) "Distribute" means to offer for sale, sell, barter, or | 17514 |
| otherwise supply liming material in this state. | 17515 |
| (M) "Official sample" means any sample of liming material | 17516 |
| taken and designated as "official" by the director of agriculture | 17517 |
| or the director's designee. | 17518 |
| (N) "Effective neutralizing power" means the neutralizing | 17519 |
| value of liming material based on the total neutralizing power and | 17520 |
| fineness that is expressed as a dry weight percentage. | 17521 |
| (O) "Fineness index" means the percentage by weight of a | 17522 |
| liming material that will pass designated sieves, calculated to | 17523 |
| account for particle size distribution by adding the amounts | 17524 |
| arrived at under divisions (O)(1), (2), and (3) of this section as | 17525 |
| follows: | 17526 |
| (1) Two-tenths multiplied by the percentage of material | 17527 |
| passing a number eight United States standard sieve minus the | 17528 |
| percentage of material passing a number twenty United States | 17529 |
| standard sieve. | 17530 |
| (2) Six-tenths multiplied by the percentage of material | 17531 |
| passing a number twenty United States standard sieve minus the | 17532 |
| percentage of material passing a number sixty United States | 17533 |
| standard sieve. | 17534 |
| (3) One multiplied by the percentage of material passing a | 17535 |
| number sixty United States standard sieve. | 17536 |
| Sec. 905.52. (A) Except as provided in section 905.53 of the | 17537 |
| Revised Code, no person shall manufacture, sell, or distribute in | 17538 |
| this state liming material without a license to do so issued by | 17539 |
| the department of agriculture. | 17540 |
| (B) Each such license expires on the thirty-first day of | 17541 |
| December of each year and shall be renewed according to the | 17542 |
| standard renewal procedure of sections 4745.01 to 4745.03 of the | 17543 |
| Revised Code. | 17544 |
| (C) Each application for issuance or renewal of such a | 17545 |
| license shall: | 17546 |
| (1) Include the name and address of the applicant and the | 17547 |
| name and address of each bulk distribution point from which the | 17548 |
| applicant's liming material will be distributed in this state; | 17549 |
| (2) Be accompanied by a license fee of fifty dollars: | 17550 |
| (a) For each location at which liming material is | 17551 |
| manufactured in this state; | 17552 |
| (b) For each location out of the state from which liming | 17553 |
| material is distributed or sold in this state to nonlicensees. | 17554 |
| (3) Be accompanied by a label for each product name and | 17555 |
| grade. | 17556 |
| (D) The name and address of the applicant shown on the | 17557 |
| application shall be shown on all labels, pertinent invoices, and | 17558 |
| bulk storage for liming material distributed or sold by the | 17559 |
| licensee in this state. | 17560 |
| (E) The licensee shall inform the department in writing of | 17561 |
| additional distribution points established during the period of | 17562 |
| the license. | 17563 |
| (F) All money collected under this section shall be credited | 17564 |
| to the pesticide, fertilizer, and lime program fund created in | 17565 |
| section 921.22 of the Revised Code. | 17566 |
| Sec. 905.56. (A) Each licensee shall file with the | 17567 |
| department of agriculture an annual tonnage report that includes | 17568 |
| the number of net tons of liming material sold or distributed to a | 17569 |
| non-licensee in this state, by county, by oxide and hydrate forms, | 17570 |
| and by grade as defined in section 905.54 of the Revised Code, | 17571 |
| within forty days after the thirty-first day of December of each | 17572 |
| calendar year. The inspection fee at the rate stated in division | 17573 |
| (B) of this section shall accompany this report. | 17574 |
| (B) Each licensee who sells or distributes more than | 17575 |
| twenty-five hundred tons of agricultural liming material in this | 17576 |
| state shall pay to the department an inspection fee. The | 17577 |
| inspection fee is one fourth of one cent for each ton in excess of | 17578 |
| twenty-five hundred tons, as reported in the tonnage report | 17579 |
| required by division (A) of this section. The maximum inspection | 17580 |
| fee is three hundred dollars. | 17581 |
| (C) If a tonnage report is not filed, or if the inspection | 17582 |
| fee is not paid within ten days after the due date, a penalty of | 17583 |
| ten per cent of the amount due, with a minimum penalty of ten | 17584 |
| dollars, shall be assessed against the licensee. The amount of fee | 17585 |
| due, plus penalty, shall constitute a debt and shall become the | 17586 |
| basis of a judgment against the licensee. Such remedy is in | 17587 |
| addition to the remedy provided in section 905.62 of the Revised | 17588 |
| Code. | 17589 |
| (D) The director of agriculture may inspect the inventories, | 17590 |
| books, and records of any licensee in order to verify a tonnage | 17591 |
| report. If the director finds that a tonnage report is erroneous, | 17592 |
| the director may adjust the inspection fee, may assess any balance | 17593 |
| due against the licensee, and may impose a penalty not to exceed | 17594 |
| ten per cent of the balance due, or may refund any overpayment. | 17595 |
| (E) All money collected under this section shall be credited | 17596 |
| to the pesticide, fertilizer, and lime program fund created in | 17597 |
| section 921.22 of the Revised Code. | 17598 |
| Sec. 907.13. No person shall label agricultural, vegetable, | 17599 |
| or flower seed that is intended for sale in this state unless the | 17600 |
| person holds a valid seed labeler permit that has been issued by | 17601 |
| the director of agriculture in accordance with this section. | 17602 |
| A person who wishes to obtain a seed labeler permit shall | 17603 |
| file an application with the director on a form that the director | 17604 |
| provides and shall submit a permit fee in the amount of ten | 17605 |
| dollars. Such a person who labels seed under more than one name or | 17606 |
| at more than one address shall obtain a separate seed labeler | 17607 |
| permit and pay a separate permit fee for each name and address. | 17608 |
| The applicant shall include the applicant's full name and | 17609 |
| address on the application together with any additional | 17610 |
| information that the director requires by rules adopted under | 17611 |
| section 907.10 of the Revised Code. If the applicant's address is | 17612 |
| not within this state or it does not represent a location in this | 17613 |
| state where the director can collect samples of the applicant's | 17614 |
| seed for analysis, then the applicant shall include on the | 17615 |
| application an address within this state where samples of the | 17616 |
| applicant's seed may be collected for those purposes or shall | 17617 |
| agree to provide the director or the director's authorized | 17618 |
| representative with seeds for sampling upon request. | 17619 |
| Upon receipt of a complete application accompanied by the | 17620 |
| ten-dollar permit fee, the director shall issue a seed labeler's | 17621 |
| permit to the applicant. All seed labeler permits that are issued | 17622 |
| under this section shall expire on the thirty-first day of | 17623 |
| December of each year regardless of the date on which a permit was | 17624 |
| issued during that year. | 17625 |
| Each person who obtains a seed labeler permit shall label the | 17626 |
| seed that the person intends for sale in this state in accordance | 17627 |
| with the requirements established in sections 907.01 to 907.17 of | 17628 |
| the Revised Code. Each person who holds a valid seed labeler | 17629 |
| permit shall keep the permit posted in a conspicuous place in the | 17630 |
| principal seed room from which the person sells seed and shall | 17631 |
| comply with the reporting and fee requirements that are | 17632 |
| established in section 907.14 of the Revised Code. | 17633 |
| All money collected under this section shall be credited to | 17634 |
| the commercial feed and seed fund created in section 923.46 of the | 17635 |
| Revised Code. | 17636 |
| Sec. 907.14. (A) A person who holds a valid seed labeler | 17637 |
| permit issued under section 907.13 of the Revised Code shall | 17638 |
| report to the director of agriculture concerning the amount of | 17639 |
| seed that the person sells in this state. The report shall be made | 17640 |
| semiannually on a form that the director prescribes and provides. | 17641 |
| One semiannual report shall be filed with the director prior to | 17642 |
| the first day of February of each year with respect to all sales | 17643 |
| that the person made during the period from the first day of July | 17644 |
| to the thirty-first day of December of the preceding year. The | 17645 |
| second semiannual report shall be filed prior to the first day of | 17646 |
| August of each year with respect to all sales that the person made | 17647 |
| during the period from the first day of January to the thirtieth | 17648 |
| day of June of that year. | 17649 |
| (B) A person who holds a valid seed labeler permit shall | 17650 |
| include with each semiannual report a seed fee based on the amount | 17651 |
| of the seed that the person sold during that reporting period as | 17652 |
| follows: | 17653 |
| (1) For soybeans and small grains, including barley, oats, | 17654 |
| rye, wheat, triticale, and spelt, four cents per one hundred | 17655 |
| pounds; | 17656 |
| (2) For corn and grain sorghum, five cents per one hundred | 17657 |
| pounds; | 17658 |
| (3)(a) For any of the following seed sold at wholesale or | 17659 |
| retail or on consignment or commission, two per cent of the | 17660 |
| wholesale value of the containers of seed or, if the seed is not | 17661 |
| sold wholesale, two per cent of the retail value of the containers | 17662 |
| of seed: | 17663 |
| (i) Vegetable and flower seed sold in containers, other than | 17664 |
| hermetically sealed containers, of eight ounces or less; | 17665 |
| (ii) Flower seed sold in hermetically sealed containers that | 17666 |
| contain fewer than three hundred seeds; | 17667 |
| (iii) Vegetable seed sold in hermetically sealed containers | 17668 |
| that contain fewer than one thousand seeds. | 17669 |
| (b) The fees established pursuant to divisions (B)(3)(a)(ii) | 17670 |
| and (iii) of this section apply to both of the following: | 17671 |
| (i) Seed sold in hermetically sealed containers that contain | 17672 |
| the amount of seeds specified in division (B)(3)(a)(ii) or (iii) | 17673 |
| of this section, as applicable; | 17674 |
| (ii) Seed sold in hermetically sealed containers that do not | 17675 |
| clearly state the number of seeds that they contain. | 17676 |
| (c) Except as otherwise provided in division (B)(3)(b)(ii) of | 17677 |
| this section, if the weight of seed in a container, or the | 17678 |
| quantity of seed in a container, exceeds the applicable weight or | 17679 |
| quantity specified in division (B)(3)(a)(i), (ii), or (iii) of | 17680 |
| this section, the fee established in division (B)(4) of this | 17681 |
| section applies. | 17682 |
| (4) For alfalfa, clover, grass, native grass, mixtures | 17683 |
| containing any of these, and all agricultural, vegetable, and | 17684 |
| flower seeds not specified in divisions (B)(1) to (3) of this | 17685 |
| section, ten cents per one hundred pounds. | 17686 |
| If the total amount of the seed fee that is due is less than | 17687 |
| five dollars, the person shall pay the minimum seed fee, which is | 17688 |
| five dollars. | 17689 |
| (C) For each failure to report in full the amount of seed | 17690 |
| sold or to submit the required seed fees in full by the due date, | 17691 |
| a person who holds a valid seed labeler permit shall pay a penalty | 17692 |
| of ten per cent of the amount due or fifty dollars, whichever is | 17693 |
| greater. Failure to pay either the fee or the penalty within | 17694 |
| thirty days after the due date is cause for suspension or | 17695 |
| revocation by the director of the seed labeler permit or refusal, | 17696 |
| without a hearing, to issue a subsequent seed labeler permit for | 17697 |
| which the person applies. | 17698 |
| (D) This section does not apply to governmental entities that | 17699 |
| donate seed for conservation purposes. | 17700 |
| (E) All money collected under this section shall be credited | 17701 |
| to the commercial feed and seed fund created in section 923.46 of | 17702 |
| the Revised Code. | 17703 |
| Sec. 907.30. (A) No person shall apply legume inoculants to | 17704 |
|
seed for sale in | 17705 |
|
order
unless | 17706 |
| director of agriculture a legume inoculator's license for each | 17707 |
| such place of business where seed is inoculated. Application for | 17708 |
| such a license shall be made on a form obtainable from the | 17709 |
|
director and shall be accompanied by a
fee of five dollars. | 17710 |
| The application shall include the name of the brand, or brands of | 17711 |
| legume inoculant to be used together with the name of the | 17712 |
| manufacturer, and the name of the process or technique used to | 17713 |
| apply the inoculant to the seed. All such licenses shall expire | 17714 |
| each year on the thirty-first day of January and shall be renewed | 17715 |
| according to the standard renewal procedure of sections 4745.01 to | 17716 |
|
4745.03 | 17717 |
| (B) The legume inoculator shall keep for a period of eighteen | 17718 |
|
months | 17719 |
| the source and lot number of the inoculant material used, the rate | 17720 |
| and date of application, and the lot identity by owner and lot | 17721 |
| number, if any, of the seed to which the material was applied. | 17722 |
| (C) All money collected under this section shall be credited | 17723 |
| to the commercial feed and seed fund created in section 923.46 of | 17724 |
| the Revised Code. | 17725 |
| Sec. 907.31. Any person who submits an application for the | 17726 |
| registration of a brand of legume inoculant shall pay annually, | 17727 |
| prior to the first day of January, a registration and inspection | 17728 |
| fee in the amount of fifty dollars per brand. | 17729 |
| The registration shall be renewed according to the standard | 17730 |
| renewal procedure established in Chapter 4745. of the Revised | 17731 |
| Code. | 17732 |
| All money collected under this section shall be credited to | 17733 |
| the commercial feed and seed fund created in section 923.46 of the | 17734 |
| Revised Code. | 17735 |
| Sec. 915.24. (A) There is hereby created in the state | 17736 |
| treasury the food safety fund. All of the following moneys shall | 17737 |
| be credited to the fund: | 17738 |
| (1) Bakery registration fees and fines received under | 17739 |
| sections 911.02 to 911.20 of the Revised Code; | 17740 |
| (2) Cannery license fees and renewal fees received under | 17741 |
| sections 913.01 to 913.05 of the Revised Code; | 17742 |
| (3) Moneys received under sections 913.22 to 913.28 of the | 17743 |
| Revised Code; | 17744 |
| (4) License fees, fines, and penalties recovered for the | 17745 |
| violation of sections 915.01 to 915.12 of the Revised Code; | 17746 |
| (5) License fees collected under sections 915.14 to 915.23 of | 17747 |
| the Revised Code; | 17748 |
| (6) License fees, other fees, and fines collected by or for | 17749 |
| the director of agriculture under Chapter 3717. of the Revised | 17750 |
| Code; | 17751 |
| (7) Fees collected under section 3715.04 of the Revised Code | 17752 |
| for the issuance of certificates of health and freesale; | 17753 |
| (8) Registration fees and other fees collected by the | 17754 |
| director under section 3715.041 of the Revised Code. | 17755 |
| (B) The director of agriculture shall use the moneys | 17756 |
| deposited into the food safety fund to administer and enforce the | 17757 |
| laws pursuant to which the moneys were collected. | 17758 |
| Sec. 918.08. (A) Except as provided in division (F) of this | 17759 |
| section, no person shall operate an establishment without first | 17760 |
| licensing the establishment with the department of agriculture. | 17761 |
| The owner of an establishment desiring a license with the | 17762 |
| department may make application therefor on forms provided by the | 17763 |
| department. If after inspection the director of agriculture finds | 17764 |
| that an establishment is in compliance with this chapter and rules | 17765 |
| adopted under it, the director shall notify the owner of the | 17766 |
| establishment and, upon receipt of the required license fee, the | 17767 |
| establishment shall be permitted to operate. However, if after | 17768 |
| inspection the director finds that an establishment is not in | 17769 |
| compliance with this chapter and rules adopted under it, the | 17770 |
| director shall deny the license application. The applicant may | 17771 |
| appeal the denial of the license application in accordance with | 17772 |
| Chapter 119. of the Revised Code. The license shall expire | 17773 |
| annually on the thirty-first day of March and, if the director | 17774 |
| finds that the establishment is in compliance with this chapter | 17775 |
| and rules adopted under it, shall be renewed according to the | 17776 |
| standard renewal procedure of sections 4745.01 to 4745.03 of the | 17777 |
| Revised Code. | 17778 |
| (B) The annual license fee for each establishment, or a | 17779 |
|
renewal thereof, is | 17780 |
| under this section shall be deposited into the poultry and meat | 17781 |
| products fund created in section 918.15 of the Revised Code. | 17782 |
| (C) If after inspection the director determines that an | 17783 |
| establishment licensed under division (A) of this section is | 17784 |
| operating in violation of this chapter or the rules adopted | 17785 |
| thereunder, the director shall notify the licensee in writing of | 17786 |
| the violation and give the licensee ten days from the date of | 17787 |
| notice to cease or correct the conditions causing the violation. | 17788 |
| If the conditions causing the violation continue after the | 17789 |
| expiration of the ten-day period, the director may do either of | 17790 |
| the following: | 17791 |
| (1) Impose progressive enforcement actions as provided in | 17792 |
| division (D)(1) of this section in the same manner as inspectors; | 17793 |
| (2) Suspend or revoke the establishment's license in | 17794 |
| accordance with Chapter 119. of the Revised Code. | 17795 |
| (D)(1) If an inspector determines that an establishment | 17796 |
| licensed under division (A) of this section is operating in | 17797 |
| violation of sections 918.01 to 918.12 of the Revised Code and | 17798 |
| rules adopted under those sections, the inspector may notify the | 17799 |
| licensee in writing of the violation. The inspector immediately | 17800 |
| may impose progressive enforcement actions, including withholding | 17801 |
| the mark of inspection, suspension of inspection, suspension of | 17802 |
| inspection held in abeyance, and withdrawal of inspection. The | 17803 |
| progressive enforcement actions may be taken prior to affording | 17804 |
| the licensee an opportunity for a hearing. As authorized in | 17805 |
| division (C) of section 119.06 of the Revised Code, a decision to | 17806 |
| impose a progressive enforcement action is immediately appealable | 17807 |
| to a higher authority within the department who is classified by | 17808 |
| the director as a district supervisor and who is designated by the | 17809 |
| director to hear the appeal. If the district supervisor affirms | 17810 |
| the enforcement action of the inspector, the licensee may appeal | 17811 |
| the enforcement action in accordance with Chapter 119. of the | 17812 |
| Revised Code. | 17813 |
| (2) As used in division (D)(1) of this section, "suspension | 17814 |
| of inspection held in abeyance" means a period of time during | 17815 |
| which a suspension of inspection is lifted because an | 17816 |
| establishment has presented the director with a corrective action | 17817 |
| plan that, if implemented properly, would bring the establishment | 17818 |
| into compliance with this chapter and rules adopted under it. | 17819 |
| (E) If in the opinion of the director the establishment is | 17820 |
| being operated under such insanitary conditions as to be a hazard | 17821 |
| to public health, or if the director determines that an | 17822 |
| establishment is not in compliance with its hazard analysis | 17823 |
| critical control point plan as required by rules, the director may | 17824 |
| condemn or retain the product on hand and immediately withdraw | 17825 |
| inspection from the establishment until the insanitary conditions | 17826 |
| are corrected or until the establishment is in compliance with its | 17827 |
| hazard analysis critical control point plan, as applicable. The | 17828 |
| director may take those actions prior to an adjudication hearing | 17829 |
| as required under section 119.06 of the Revised Code. The director | 17830 |
| subsequently shall afford a hearing upon the request of the owner | 17831 |
| or operator of the establishment. | 17832 |
| (F) Any person operating an establishment as defined in | 17833 |
| section 918.01 of the Revised Code who also operates on the same | 17834 |
| premises an establishment as defined in section 918.21 of the | 17835 |
| Revised Code shall apply either for licensure under section 918.08 | 17836 |
| of the Revised Code or for licensure under section 918.28 of the | 17837 |
| Revised Code, but not for both, as the director shall determine. | 17838 |
| (G) If the director determines that the owner or operator of | 17839 |
| or any person employed by an establishment licensed under division | 17840 |
| (A) of this section forcibly assaulted, resisted, opposed, | 17841 |
| impeded, intimidated, or interfered with any person while that | 17842 |
| person was engaged in, or because of the person's performance of, | 17843 |
| official duties under sections 918.01 to 918.12 of the Revised | 17844 |
| Code or the rules adopted under those sections, the director | 17845 |
| immediately may withdraw inspection from the establishment prior | 17846 |
| to an adjudication hearing as required under section 119.06 of the | 17847 |
| Revised Code. | 17848 |
| (H) In addition to any remedies provided by law and | 17849 |
| irrespective of whether or not there exists an adequate remedy at | 17850 |
| law, the director may apply to the court of common pleas of the | 17851 |
| county in which a violation of sections 918.01 to 918.12 of the | 17852 |
| Revised Code or rules adopted under those sections occurs for a | 17853 |
| temporary or permanent injunction or other appropriate relief | 17854 |
| concerning the violation. | 17855 |
| Sec. 918.28. (A) Except as provided in division (F) of | 17856 |
| section 918.08 of the Revised Code, application for a license to | 17857 |
| operate an establishment shall be made to the director of | 17858 |
| agriculture on forms provided by the department of agriculture. | 17859 |
| The director shall inspect the establishment and if, upon | 17860 |
| inspection, the establishment is found to be in compliance with | 17861 |
| this chapter and rules adopted under it, the director shall so | 17862 |
| notify the owner of the establishment and, upon receipt of the | 17863 |
|
annual license
fee of | 17864 |
| owner a license. However, if after inspection the director finds | 17865 |
| that an establishment is not in compliance with this chapter and | 17866 |
| rules adopted under it, the director shall deny the license | 17867 |
| application. The applicant may appeal the denial of the license | 17868 |
| application in accordance with Chapter 119. of the Revised Code. | 17869 |
| The license shall expire on the thirty-first day of March of each | 17870 |
| year and, if the director finds that the establishment is in | 17871 |
| compliance with this chapter and rules adopted under it, shall be | 17872 |
| renewed according to the standard renewal procedures of sections | 17873 |
| 4745.01 to 4745.03 of the Revised Code. | 17874 |
| (B) If after inspection the director determines that an | 17875 |
| establishment licensed under this section is operating in | 17876 |
| violation of this chapter or a rule or order adopted or issued | 17877 |
| under authority thereof, the director shall notify the licensee in | 17878 |
| writing of the violation, giving the licensee ten days from the | 17879 |
| date of the notice to correct the conditions causing the | 17880 |
| violation. If the conditions are not corrected within the ten-day | 17881 |
| period, the director may do either of the following: | 17882 |
| (1) Impose progressive enforcement actions as provided in | 17883 |
| division (C)(1) of this section in the same manner as inspectors; | 17884 |
| (2) Suspend or revoke the license in accordance with Chapter | 17885 |
| 119. of the Revised Code. | 17886 |
| (C)(1) If an inspector determines that an establishment | 17887 |
| licensed under division (A) of this section is operating in | 17888 |
| violation of sections 918.21 to 918.31 of the Revised Code and | 17889 |
| rules adopted under those sections, the inspector may notify the | 17890 |
| licensee in writing of the violation. The inspector immediately | 17891 |
| may impose progressive enforcement actions, including withholding | 17892 |
| the mark of inspection, suspension of inspection, suspension of | 17893 |
| inspection held in abeyance, and withdrawal of inspection. The | 17894 |
| progressive enforcement actions may be taken prior to affording | 17895 |
| the licensee an opportunity for a hearing. As authorized in | 17896 |
| division (C) of section 119.06 of the Revised Code, a decision to | 17897 |
| impose a progressive enforcement action is immediately appealable | 17898 |
| to a higher authority within the department who is classified by | 17899 |
| the director as a district supervisor and who is designated by the | 17900 |
| director to hear the appeal. If the district supervisor affirms | 17901 |
| the enforcement action of the inspector, the licensee may appeal | 17902 |
| the enforcement action in accordance with Chapter 119. of the | 17903 |
| Revised Code. | 17904 |
| (2) As used in division (C)(1) of this section, "suspension | 17905 |
| of inspection held in abeyance" means a period of time during | 17906 |
| which a suspension of inspection is lifted because an | 17907 |
| establishment has presented the director with a corrective action | 17908 |
| plan that, if implemented properly, would bring the establishment | 17909 |
| into compliance with this chapter and rules adopted under it. | 17910 |
| (D) If in the opinion of the director the establishment is | 17911 |
| being operated under such insanitary conditions as to be a hazard | 17912 |
| to public health, or if the director determines that an | 17913 |
| establishment is not in compliance with its hazard analysis | 17914 |
| critical control point plan as required by rules, the director may | 17915 |
| condemn or retain the product on hand and immediately withdraw | 17916 |
| inspection from the establishment until such time as the | 17917 |
| insanitary conditions are corrected or until the establishment is | 17918 |
| in compliance with its hazard analysis critical control point | 17919 |
| plan, as applicable. | 17920 |
| (E) If the director determines that the owner or operator of | 17921 |
| or any person employed by an establishment licensed under division | 17922 |
| (A) of this section forcibly assaulted, resisted, opposed, | 17923 |
| impeded, intimidated, or interfered with any person while that | 17924 |
| person was engaged in, or because of the person's performance of, | 17925 |
| official duties under sections 918.21 to 918.31 of the Revised | 17926 |
| Code or the rules adopted under those sections, the director | 17927 |
| immediately may withdraw inspection from the establishment prior | 17928 |
| to an adjudication hearing as required under section 119.06 of the | 17929 |
| Revised Code. | 17930 |
| (F) In addition to any remedies provided by law and | 17931 |
| irrespective of whether or not there exists an adequate remedy at | 17932 |
| law, the director may apply to the court of common pleas of the | 17933 |
| county in which a violation of sections 918.21 to 918.31 of the | 17934 |
| Revised Code or rules adopted under those sections occurs for a | 17935 |
| temporary or permanent injunction or other appropriate relief | 17936 |
| concerning the violation. | 17937 |
| Sec. 921.02. (A) No person shall distribute a pesticide | 17938 |
| within this state unless the pesticide is registered with the | 17939 |
| director of agriculture under this chapter. Registrations shall be | 17940 |
| issued for a period of time established by rule and shall be | 17941 |
| renewed in accordance with deadlines established by rule. | 17942 |
| Registration is not required if a pesticide is shipped from one | 17943 |
| plant or warehouse to another plant or warehouse operated by the | 17944 |
| same person and used solely at that plant or warehouse as a | 17945 |
| constituent part to make a pesticide that is registered under this | 17946 |
| chapter, or if the pesticide is distributed under the provisions | 17947 |
| of an experimental use permit issued under section 921.03 of the | 17948 |
| Revised Code or an experimental use permit issued by the United | 17949 |
| States environmental protection agency. | 17950 |
| (B) The applicant for registration of a pesticide shall file | 17951 |
| a statement with the director on a form provided by the director, | 17952 |
| which shall include all of the following: | 17953 |
| (1) The name and address of the applicant and the name and | 17954 |
| address of the person whose name will appear on the label, if | 17955 |
| other than the applicant's name; | 17956 |
| (2) The brand and product name of the pesticide; | 17957 |
| (3) Any necessary information required for completion of the | 17958 |
| department of agriculture's application for registration, | 17959 |
| including the agency registration number; | 17960 |
| (4) A complete copy of the labeling accompanying the | 17961 |
| pesticide and a statement of all claims to be made for it, | 17962 |
| including the directions for use and the use classification as | 17963 |
| provided for in the federal act. | 17964 |
| (C) The director, when the director considers it necessary in | 17965 |
| the administration of this chapter, may require the submission of | 17966 |
| the complete formula of any pesticide including the active and | 17967 |
| inert ingredients. | 17968 |
| (D) The director may require a full description of the tests | 17969 |
| made and the results thereof upon which the claims are based for | 17970 |
| any pesticide. The director shall not consider any data submitted | 17971 |
| in support of an application, without permission of the applicant, | 17972 |
| in support of any other application for registration unless the | 17973 |
| other applicant first has offered to pay reasonable compensation | 17974 |
| for producing the test data to be relied upon and the data are not | 17975 |
| protected from disclosure by section 921.04 of the Revised Code. | 17976 |
| In the case of a renewal of registration, a statement shall be | 17977 |
| required only with respect to information that is different from | 17978 |
| that furnished when the pesticide was registered or last | 17979 |
| registered. | 17980 |
| (E) The director may require any other information to be | 17981 |
| submitted with an application. | 17982 |
| Any applicant may designate any portion of the required | 17983 |
| registration information as a trade secret or confidential | 17984 |
| business information. Upon receipt of any required registration | 17985 |
| information designated as a trade secret or confidential business | 17986 |
| information, the director shall consider the designated | 17987 |
| information as confidential and shall not reveal or cause to be | 17988 |
| revealed any such designated information without the consent of | 17989 |
| the applicants, except to persons directly involved in the | 17990 |
| registration process described in this section or as required by | 17991 |
| law. | 17992 |
| (F) Beginning January 1, 2007, each applicant shall pay a | 17993 |
| registration and inspection fee of one hundred fifty dollars for | 17994 |
| each product name and brand registered for the company whose name | 17995 |
| appears on the label. If an applicant files for a renewal of | 17996 |
| registration after the deadline established by rule, the applicant | 17997 |
| shall pay a penalty fee of seventy-five dollars for each product | 17998 |
| name and brand registered for the applicant. The penalty fee shall | 17999 |
| be added to the original fee and paid before the renewal | 18000 |
| registration is issued. In addition to any other remedy available | 18001 |
| under this chapter, if a pesticide that is not registered pursuant | 18002 |
| to this section is distributed within this state, the person | 18003 |
| required to register the pesticide shall do so and shall pay a | 18004 |
| penalty fee of seventy-five dollars for each product name and | 18005 |
| brand registered for the applicant. The penalty fee shall be added | 18006 |
| to the original fee of one hundred fifty dollars and paid before | 18007 |
| the registration is issued. | 18008 |
| (G) Provided that the state is authorized by the | 18009 |
| administrator of the United States environmental protection agency | 18010 |
| to register pesticides to meet special local needs, the director | 18011 |
| shall require the information set forth under divisions (B), (C), | 18012 |
| (D), and (E) of this section and shall register any such pesticide | 18013 |
| after determining that all of the following conditions are met: | 18014 |
| (1) Its composition is such as to warrant the proposed claims | 18015 |
| for it. | 18016 |
| (2) Its labeling and other material required to be submitted | 18017 |
| comply with the requirements of the federal act and of this | 18018 |
| chapter, and rules adopted thereunder. | 18019 |
| (3) It will perform its intended function without | 18020 |
| unreasonable adverse effects on the environment. | 18021 |
| (4) When used in accordance with widespread and commonly | 18022 |
| recognized practice, it will not generally cause unreasonable | 18023 |
| adverse effects on the environment. | 18024 |
| (5) The classification for general or restricted use is in | 18025 |
| conformity with the federal act. | 18026 |
| The director shall not make any lack of essentiality a | 18027 |
| criterion for denying the registration of any pesticide. When two | 18028 |
| pesticides meet the requirements of division (G) of this section, | 18029 |
| the director shall not register one in preference to the other. | 18030 |
| (H)(1) The director may refuse to register a pesticide if the | 18031 |
| application for registration fails to comply with this section. | 18032 |
| (2) The director may suspend or revoke a pesticide | 18033 |
| registration after a hearing in accordance with Chapter 119. of | 18034 |
| the Revised Code for a pesticide that fails to meet the claims | 18035 |
| made for it on its label. | 18036 |
| (3) The director may immediately suspend a pesticide | 18037 |
| registration, prior to a hearing, when the director believes that | 18038 |
| the pesticide poses an immediate hazard to human or animal health | 18039 |
| or a hazard to the environment. Not later than fifteen days after | 18040 |
| suspending the registration, the director shall determine whether | 18041 |
| the pesticide poses such a hazard. If the director determines that | 18042 |
| no hazard exists, the director shall lift the suspension of the | 18043 |
| registration. If the director determines that a hazard exists, the | 18044 |
| director shall revoke the registration in accordance with Chapter | 18045 |
| 119. of the Revised Code. | 18046 |
| (I) All money collected under this section shall be credited | 18047 |
| to the pesticide, fertilizer, and lime program fund created in | 18048 |
| section 921.22 of the Revised Code. | 18049 |
| Sec. 921.06. (A)(1) No individual shall do any of the | 18050 |
| following without having a commercial applicator license issued by | 18051 |
| the director of agriculture: | 18052 |
| (a) Apply pesticides for a pesticide business without direct | 18053 |
| supervision; | 18054 |
| (b) Apply pesticides as part of the individual's duties while | 18055 |
| acting as an employee of the United States government, a state, | 18056 |
| county, township, or municipal corporation, or a park district, | 18057 |
| port authority, or sanitary district created under Chapter 1545., | 18058 |
| 4582., or 6115. of the Revised Code, respectively; | 18059 |
| (c) Apply restricted use pesticides. Division (A)(1)(c) of | 18060 |
| this section does not apply to a private applicator or an | 18061 |
| immediate family member or a subordinate employee of a private | 18062 |
| applicator who is acting under the direct supervision of that | 18063 |
| private applicator. | 18064 |
| (d) If the individual is the owner of a business other than a | 18065 |
| pesticide business or an employee of such an owner, apply | 18066 |
| pesticides at any of the following publicly accessible sites that | 18067 |
| are located on the property: | 18068 |
| (i) Food service operations that are licensed under Chapter | 18069 |
| 3717. of the Revised Code; | 18070 |
| (ii) Retail food establishments that are licensed under | 18071 |
| Chapter 3717. of the Revised Code; | 18072 |
| (iii) Golf courses; | 18073 |
| (iv) Rental properties of more than four apartment units at | 18074 |
| one location; | 18075 |
| (v) Hospitals or medical facilities as defined in section | 18076 |
| 3701.01 of the Revised Code; | 18077 |
| (vi) Child day-care centers or school child day-care centers | 18078 |
| as defined in section 5104.01 of the Revised Code; | 18079 |
| (vii) Facilities owned or operated by a school district | 18080 |
| established under Chapter 3311. of the Revised Code, including an | 18081 |
| education service center, a community school established under | 18082 |
| Chapter 3314. of the Revised Code, or a chartered or nonchartered | 18083 |
| nonpublic school that meets minimum standards established by the | 18084 |
| state board of education; | 18085 |
| (viii) Colleges as defined in section 3365.01 of the Revised | 18086 |
| Code; | 18087 |
| (ix) Food processing establishments as defined in section | 18088 |
| 3715.021 of the Revised Code; | 18089 |
| (x) Any other site designated by rule. | 18090 |
| (e) Conduct authorized diagnostic inspections. | 18091 |
| (2) Divisions (A)(1)(a) to (d) of this section do not apply | 18092 |
| to an individual who is acting as a trained serviceperson under | 18093 |
| the direct supervision of a commercial applicator. | 18094 |
| (3) Licenses shall be issued for a period of time established | 18095 |
| by rule and shall be renewed in accordance with deadlines | 18096 |
| established by rule. The fee for each such license shall be | 18097 |
| established by rule. If a license is not issued or renewed, the | 18098 |
| application fee shall be retained by the state as payment for the | 18099 |
| reasonable expense of processing the application. The director | 18100 |
| shall by rule classify by pesticide-use category licenses to be | 18101 |
| issued under this section. A single license may include more than | 18102 |
| one pesticide-use category. No individual shall be required to pay | 18103 |
| an additional license fee if the individual is licensed for more | 18104 |
| than one category. | 18105 |
| The fee for each license or renewal does not apply to an | 18106 |
| applicant who is an employee of the department of agriculture | 18107 |
| whose job duties require licensure as a commercial applicator as a | 18108 |
| condition of employment. | 18109 |
| (B) Application for a commercial applicator license shall be | 18110 |
| made on a form prescribed by the director. Each application for a | 18111 |
| license shall state the pesticide-use category or categories of | 18112 |
| license for which the applicant is applying and other information | 18113 |
| that the director determines essential to the administration of | 18114 |
| this chapter. | 18115 |
| (C) If the director finds that the applicant is competent to | 18116 |
| apply pesticides and conduct diagnostic inspections and that the | 18117 |
| applicant has passed both the general examination and each | 18118 |
| applicable pesticide-use category examination as required under | 18119 |
| division (A) of section 921.12 of the Revised Code, the director | 18120 |
| shall issue a commercial applicator license limited to the | 18121 |
| pesticide-use category or categories for which the applicant is | 18122 |
| found to be competent. If the director rejects an application, the | 18123 |
| director may explain why the application was rejected, describe | 18124 |
| the additional requirements necessary for the applicant to obtain | 18125 |
| a license, and return the application. The applicant may resubmit | 18126 |
| the application without payment of any additional fee. | 18127 |
| (D)(1) A person who is a commercial applicator shall be | 18128 |
| deemed to hold a private applicator's license for purposes of | 18129 |
| applying pesticides on agricultural commodities that are produced | 18130 |
| by the commercial applicator. | 18131 |
| (2) A commercial applicator shall apply pesticides only in | 18132 |
| the pesticide-use category or categories in which the applicator | 18133 |
| is licensed under this chapter. | 18134 |
| (E) All money collected under this section shall be credited | 18135 |
| to the pesticide, fertilizer, and lime program fund created in | 18136 |
| section 921.22 of the Revised Code. | 18137 |
| Sec. 921.09. (A)(1) No person shall own or operate a | 18138 |
| pesticide business without obtaining a license from the director | 18139 |
| of agriculture. Licenses shall be issued for a period of time | 18140 |
| established by rule and shall be renewed in accordance with | 18141 |
| deadlines established by rule. | 18142 |
| (2) A person applying for a pesticide business license shall | 18143 |
| register each location that is owned by the person and used for | 18144 |
| the purpose of engaging in the pesticide business. | 18145 |
| (B) Any person who owns or operates a pesticide business | 18146 |
| outside of this state, but engages in the business of applying | 18147 |
| pesticides to properties of another for hire in this state, shall | 18148 |
| obtain a license for the person's principal out-of-state location | 18149 |
| from the director. In addition, the person shall register each | 18150 |
| location that is owned by the person in this state and used for | 18151 |
| the purpose of engaging in the pesticide business. | 18152 |
| (C)(1) The person applying for a pesticide business license | 18153 |
| shall file a statement with the director, on a form provided by | 18154 |
| the director, that shall include all of the following: | 18155 |
| (a) The address of the principal place of business of the | 18156 |
| pesticide business; | 18157 |
| (b) The address of each location that the person intends to | 18158 |
| register under division (A)(2) or (B) of this section; | 18159 |
| (c) Any other information that the director determines | 18160 |
| necessary and that the director requires by rule. | 18161 |
| (2) Each applicant shall pay a license fee established by | 18162 |
| rule for the pesticide business plus an additional fee established | 18163 |
| by rule for each pesticide business registered location specified | 18164 |
| in the application. The license may be renewed upon payment of a | 18165 |
| renewal fee established by rule plus an additional fee established | 18166 |
| by rule for each pesticide business registered location. A copy of | 18167 |
| the license shall be maintained and conspicuously displayed at | 18168 |
| each such location. | 18169 |
| (3) The issuance of a pesticide business license constitutes | 18170 |
| registration of any pesticide business location identified in the | 18171 |
| application under division (C)(1) of this section. | 18172 |
| (4) The owner or operator of a pesticide business shall | 18173 |
| notify the director not later than fifteen days after any change | 18174 |
| occurs in the information required under division (C)(1)(a) or (b) | 18175 |
| of this section. | 18176 |
| (D) The owner or operator of a pesticide business shall | 18177 |
| employ at least one commercial applicator for each pesticide | 18178 |
| business registered location the owner or operator owns or | 18179 |
| operates. | 18180 |
| (E) The owner or operator of a pesticide business is | 18181 |
| responsible for the acts of each employee in the handling, | 18182 |
| application, and use of pesticides and in the conducting of | 18183 |
| diagnostic inspections. The pesticide business license is subject | 18184 |
| to denial, modification, suspension, or revocation after a hearing | 18185 |
| for any violation of this chapter or any rule adopted or order | 18186 |
| issued under it. The director may levy against the owner or | 18187 |
| operator any civil penalties authorized by division (B) of section | 18188 |
| 921.16 of the Revised Code for any violation of this chapter or | 18189 |
| any rule adopted or order issued under it that is committed by the | 18190 |
| owner or operator or by the owner's or operator's officer, | 18191 |
| employee, or agent. | 18192 |
| (F) The director may modify a license issued under this | 18193 |
| section by one of the following methods: | 18194 |
| (1) Revoking a licensee's authority to operate out of a | 18195 |
| particular pesticide business registered location listed under | 18196 |
| division (C)(1)(b) of this section; | 18197 |
| (2) Preventing a licensee from operating within a specific | 18198 |
| pesticide-use category. | 18199 |
| (G) The director may deny a pesticide business license to any | 18200 |
| person whose pesticide business license has been revoked within | 18201 |
| the previous thirty-six months. | 18202 |
| (H) Each pesticide business registered location that is owned | 18203 |
| by a pesticide business is subject to inspection by the director. | 18204 |
| (I) All money collected under this section shall be credited | 18205 |
| to the pesticide, fertilizer, and lime program fund created in | 18206 |
| section 921.22 of the Revised Code. | 18207 |
| Sec. 921.11. (A)(1) No individual shall apply restricted use | 18208 |
| pesticides unless the individual is one of the following: | 18209 |
| (a) Licensed under section 921.06 of the Revised Code; | 18210 |
| (b) Licensed under division (B) of this section; | 18211 |
| (c) A trained serviceperson who is acting under the direct | 18212 |
| supervision of a commercial applicator; | 18213 |
| (d) An immediate family member or a subordinate employee of a | 18214 |
| private applicator who is acting under the direct supervision of | 18215 |
| that private applicator. | 18216 |
| (2) No individual shall directly supervise the application of | 18217 |
| a restricted use pesticide unless the individual is one of the | 18218 |
| following: | 18219 |
| (a) Licensed under section 921.06 of the Revised Code; | 18220 |
| (b) Licensed under division (B) of this section. | 18221 |
| (B) The director of agriculture shall adopt rules to | 18222 |
| establish standards and procedures for the licensure of private | 18223 |
| applicators. An individual shall apply for a private applicator | 18224 |
| license to the director, on forms prescribed by the director. The | 18225 |
| individual shall include in the application the pesticide-use | 18226 |
| category or categories of the license for which the individual is | 18227 |
| applying and any other information that the director determines is | 18228 |
| essential to the administration of this chapter. The fee for each | 18229 |
| license shall be established by rule. Licenses shall be issued for | 18230 |
| a period of time established by rule and shall be renewed in | 18231 |
| accordance with deadlines established by rule. If a license is not | 18232 |
| issued or renewed, the state shall retain any fee submitted as | 18233 |
| payment for reasonable expenses of processing the application. | 18234 |
| (C) An individual who is licensed under this section shall | 18235 |
| use or directly supervise the use of a restricted use pesticide | 18236 |
| only for the purpose of producing agricultural commodities on | 18237 |
| property that is owned or rented by the individual or the | 18238 |
| individual's employer. | 18239 |
| (D) All money collected under this section shall be credited | 18240 |
| to the pesticide, fertilizer, and lime program fund created in | 18241 |
| section 921.22 of the Revised Code. | 18242 |
| Sec. 921.13. (A) Any person who is acting in the capacity of | 18243 |
| a pesticide dealer or who advertises or assumes to act as a | 18244 |
| pesticide dealer at any time shall obtain a pesticide dealer | 18245 |
| license from the director of agriculture. Licenses shall be | 18246 |
| issued for a period of time established by rule and shall be | 18247 |
| renewed in accordance with deadlines established by rule. A | 18248 |
| license is required for each location or outlet within this state | 18249 |
| from which the person distributes pesticides. | 18250 |
| Any pesticide dealer who has no pesticide dealer outlets in | 18251 |
| this state and who distributes restricted use pesticides directly | 18252 |
| into this state shall obtain a pesticide dealer license from the | 18253 |
| director for the pesticide dealer's principal out-of-state | 18254 |
| location or outlet and for each sales person operating in the | 18255 |
| state. | 18256 |
| The applicant shall include a license fee established by rule | 18257 |
| with the application for a license. The application shall be made | 18258 |
| on a form prescribed by the director. | 18259 |
| Each pesticide dealer shall submit records to the director of | 18260 |
| all of the restricted use pesticides the pesticide dealer has | 18261 |
| distributed, as specified by the director, and duplicate records | 18262 |
| shall be retained by the pesticide dealer for a period of time | 18263 |
| established by rules. | 18264 |
| (B) This section does not apply to any federal, state, | 18265 |
| county, or municipal agency that provides pesticides for its own | 18266 |
| programs. | 18267 |
| (C) Each licensed pesticide dealer is responsible for the | 18268 |
| acts of each employee in the solicitation and sale of pesticides | 18269 |
| and all claims and recommendations for use of pesticides. The | 18270 |
| pesticide dealer's license is subject to denial, suspension, or | 18271 |
| revocation after a hearing for any violation of this chapter | 18272 |
| whether committed by the pesticide dealer or by the pesticide | 18273 |
| dealer's officer, agent, or employee. | 18274 |
| (D) All money collected under this section shall be credited | 18275 |
| to the pesticide, fertilizer, and lime program fund created in | 18276 |
| section 921.22 of the Revised Code. | 18277 |
| Sec. 921.16. (A) The director of agriculture shall adopt | 18278 |
| rules the director determines necessary for the effective | 18279 |
| enforcement and administration of this chapter. The rules may | 18280 |
| relate to, but are not limited to, the time, place, manner, and | 18281 |
| methods of application, materials, and amounts and concentrations | 18282 |
| of application of pesticides, may restrict or prohibit the use of | 18283 |
| pesticides in designated areas during specified periods of time, | 18284 |
| and shall encompass all reasonable factors that the director | 18285 |
| determines necessary to minimize or prevent damage to the | 18286 |
| environment. In addition, the rules shall establish the deadlines | 18287 |
| and time periods for registration, registration renewal, late | 18288 |
| registration renewal, and failure to register under section 921.02 | 18289 |
| of the Revised Code; the fees for registration, registration | 18290 |
| renewal, late registration renewal, and failure to register under | 18291 |
| section 921.02 of the Revised Code that shall apply until the fees | 18292 |
| that are established under that section take effect on January 1, | 18293 |
| 2007; and the fees, deadlines, and time periods for licensure and | 18294 |
| license renewal under sections 921.06, 921.09, 921.11, and 921.13 | 18295 |
| of the Revised Code. | 18296 |
| (B) The director shall adopt rules that establish a schedule | 18297 |
| of civil penalties for violations of this chapter, or any rule or | 18298 |
| order adopted or issued under it, provided that the civil penalty | 18299 |
| for a first violation shall not exceed five thousand dollars and | 18300 |
| the civil penalty for each subsequent violation shall not exceed | 18301 |
| ten thousand dollars. In determining the amount of a civil penalty | 18302 |
| for a violation, the director shall consider factors relevant to | 18303 |
| the severity of the violation, including past violations and the | 18304 |
| amount of actual or potential damage to the environment or to | 18305 |
| human beings. All money collected under this division shall be | 18306 |
| credited to the pesticide, fertilizer, and lime program fund | 18307 |
| created in section 921.22 of the Revised Code. | 18308 |
| (C) The director shall adopt rules that set forth the | 18309 |
| conditions under which the director: | 18310 |
| (1) Requires that notice or posting be given of a proposed | 18311 |
| application of a pesticide; | 18312 |
| (2) Requires inspection, condemnation, or repair of equipment | 18313 |
| used to apply a pesticide; | 18314 |
| (3) Will suspend, revoke, or refuse to issue any pesticide | 18315 |
| registration for a violation of this chapter; | 18316 |
| (4) Requires safe handling, transportation, storage, display, | 18317 |
| distribution, and disposal of pesticides and their containers; | 18318 |
| (5) Ensures the protection of the health and safety of | 18319 |
| agricultural workers storing, handling, or applying pesticides, | 18320 |
| and all residents of agricultural labor camps, as that term is | 18321 |
| defined in section 3733.41 of the Revised Code, who are living or | 18322 |
| working in the vicinity of pesticide-treated areas; | 18323 |
| (6) Requires a record to be kept of all pesticide | 18324 |
| applications made by each commercial applicator and by any trained | 18325 |
| serviceperson acting under the commercial applicator's direct | 18326 |
| supervision and of all restricted use pesticide applications made | 18327 |
| by each private applicator and by any immediate family member or | 18328 |
| subordinate employee of that private applicator who is acting | 18329 |
| under the private applicator's direct supervision as required | 18330 |
| under section 921.14 of the Revised Code; | 18331 |
| (7) Determines the pesticide-use categories of diagnostic | 18332 |
| inspections that must be conducted by a commercial applicator; | 18333 |
| (8) Requires a record to be kept of all diagnostic | 18334 |
| inspections conducted by each commercial applicator and by any | 18335 |
| trained service person. | 18336 |
| (D) The director shall prescribe standards for the licensure | 18337 |
| of applicators of pesticides consistent with those prescribed by | 18338 |
| the federal act and the regulations adopted under it or prescribe | 18339 |
| standards that are more restrictive than those prescribed by the | 18340 |
| federal act and the regulations adopted under it. The standards | 18341 |
| may relate to the use of a pesticide or to an individual's | 18342 |
| pesticide-use category. | 18343 |
| The director shall take into consideration standards of the | 18344 |
| United States environmental protection agency. | 18345 |
| (E) The director may adopt rules setting forth the conditions | 18346 |
| under which the director will: | 18347 |
| (1) Collect and examine samples of pesticides or devices; | 18348 |
| (2) Specify classes of devices that shall be subject to this | 18349 |
| chapter; | 18350 |
| (3) Prescribe other necessary registration information. | 18351 |
| (F) The director may adopt rules that do either or both of | 18352 |
| the following: | 18353 |
| (1) Designate, in addition to those restricted uses so | 18354 |
| classified by the administrator of the United States environmental | 18355 |
| protection agency, restricted uses of pesticides for the state or | 18356 |
| for designated areas within the state and, if the director | 18357 |
| considers it necessary, to further restrict such use; | 18358 |
| (2) Define what constitutes "acting under the instructions | 18359 |
| and control of a commercial applicator" as used in the definition | 18360 |
| of "direct supervision" in division (Q)(1) of section 921.01 of | 18361 |
| the Revised Code. In adopting a rule under division (F)(2) of this | 18362 |
| section, the director shall consider the factors associated with | 18363 |
| the use of pesticide in the various pesticide-use categories. | 18364 |
| Based on consideration of the factors, the director may define | 18365 |
| "acting under the instructions and control of a commercial | 18366 |
| applicator" to include communications between a commercial | 18367 |
| applicator and a trained serviceperson that are conducted via | 18368 |
| landline telephone or a means of wireless communication. Any rules | 18369 |
| adopted under division (F)(2) of this section shall be drafted in | 18370 |
| consultation with representatives of the pesticide industry. | 18371 |
| (G) Except as provided in division (D) of this section, the | 18372 |
| director shall not adopt any rule under this chapter that is | 18373 |
| inconsistent with the requirements of the federal act and | 18374 |
| regulations adopted thereunder. | 18375 |
| (H) The director, after notice and opportunity for hearing, | 18376 |
| may declare as a pest any form of plant or animal life, other than | 18377 |
| human beings and other than bacteria, viruses, and other | 18378 |
| microorganisms on or in living human beings or other living | 18379 |
| animals, that is injurious to health or the environment. | 18380 |
| (I) The director may make reports to the United States | 18381 |
| environmental protection agency, in the form and containing the | 18382 |
| information the agency may require. | 18383 |
| (J) The director shall adopt rules for the application, use, | 18384 |
| storage, and disposal of pesticides if, in the director's | 18385 |
| judgment, existing programs of the United States environmental | 18386 |
| protection agency necessitate such rules or pesticide labels do | 18387 |
| not sufficiently address issues or situations identified by the | 18388 |
| department of agriculture or interested state agencies. | 18389 |
| (K) The director shall adopt rules establishing all of the | 18390 |
| following: | 18391 |
| (1) Standards, requirements, and procedures for the | 18392 |
| examination and re-examination of commercial applicators and | 18393 |
| private applicators; | 18394 |
| (2) With respect to training programs that the director may | 18395 |
| require commercial applicators and private applicators to | 18396 |
| complete: | 18397 |
| (a) Standards and requirements that a training program must | 18398 |
| satisfy in order to be offered by the director or the director's | 18399 |
| representative or in order to be approved by the director if a | 18400 |
| third party wishes to offer it; | 18401 |
| (b) Eligibility standards and requirements that must be | 18402 |
| satisfied by third parties who wish to provide the training | 18403 |
| programs; | 18404 |
| (c) Procedures that third parties must follow in order to | 18405 |
| submit a proposed training program to the director for approval; | 18406 |
| (d) Criteria that the director must consider when determining | 18407 |
| whether to authorize a commercial applicator or private applicator | 18408 |
| to participate in a training program instead of being required to | 18409 |
| pass a re-examination. | 18410 |
| (3) Training requirements for a trained serviceperson. | 18411 |
| (L) The director shall adopt all rules under this chapter in | 18412 |
| accordance with Chapter 119. of the Revised Code. | 18413 |
| Sec. 921.22. The pesticide, fertilizer, and lime program | 18414 |
|
fund is hereby
created in
the state
treasury. | 18415 |
| 18416 | |
| 18417 | |
| 18418 | |
| 18419 | |
| 18420 | |
| 18421 | |
| 18422 | |
| 18423 | |
| 18424 | |
| 18425 | |
| 18426 | |
| 18427 | |
| 18428 | |
|
Chapter 905. of the Revised Code | 18429 |
| all fines, penalties, costs, and damages, except court costs, that | 18430 |
| are collected by either the director of agriculture or the | 18431 |
|
attorney general in consequence of any
violation of
| 18432 |
| those chapters or rules adopted under them. The director shall use | 18433 |
| money in the fund to administer and enforce those chapters and | 18434 |
| rules adopted under them. | 18435 |
| The director shall keep accurate records of all receipts into | 18436 |
| and disbursements from the fund and shall prepare, and provide | 18437 |
| upon request, an annual report classifying the receipts and | 18438 |
| disbursements that pertain to pesticides, fertilizers, or lime. | 18439 |
| Sec. 921.27. (A) If the director of agriculture has | 18440 |
| reasonable cause to believe that a pesticide or device is being | 18441 |
| distributed, stored, transported, or used in violation of this | 18442 |
| chapter or of any rules, it shall be subject to seizure on | 18443 |
| complaint of the director to a court of competent jurisdiction in | 18444 |
| the locality in which the pesticide or device is located. | 18445 |
| (B) If the article is condemned, it shall, after entry or | 18446 |
| decree, be disposed of by destruction or sale as the court may | 18447 |
| direct and the proceeds, if the article is sold, less legal costs, | 18448 |
| shall be paid to the pesticide, fertilizer, and lime program fund | 18449 |
| created in section 921.22 of the Revised Code. The article shall | 18450 |
| not be sold contrary to this section. Upon payment of costs and | 18451 |
| execution and delivery of a good and sufficient bond conditioned | 18452 |
| that the article shall not be disposed of unlawfully, the court | 18453 |
| may direct that the article be delivered to the owner thereof for | 18454 |
| relabeling or reprocessing. | 18455 |
| Sec. 921.29. Fines, penalties, costs, and damages assessed | 18456 |
| against a person in consequence of violations of this chapter, as | 18457 |
| provided in this chapter or any other section of the Revised Code, | 18458 |
| shall be a lien in favor of the state upon the real and personal | 18459 |
| property of the person, upon the filing of a judgment or an order | 18460 |
| of the director of agriculture with the county in which the real | 18461 |
| and personal property is located. The real and personal property | 18462 |
| of the person shall be liable to execution for the fines, | 18463 |
| penalties, costs, and damages by the attorney general, who shall | 18464 |
| deposit any proceeds from an execution upon the property in the | 18465 |
| pesticide, fertilizer, and lime program fund created in section | 18466 |
| 921.22 of the Revised Code. | 18467 |
| Sec. 923.44. (A)(1) Except as otherwise provided in | 18468 |
| divisions (A)(2), (3), and (4) of this section, the first | 18469 |
| distributor of a commercial feed shall pay the director of | 18470 |
| agriculture a semiannual inspection fee at the rate of twenty-five | 18471 |
| cents per ton, with a minimum payment of twenty-five dollars, on | 18472 |
| all commercial feeds distributed by the first distributor in this | 18473 |
| state. | 18474 |
| (2) The semiannual inspection fee required under division | 18475 |
| (A)(1) of this section shall not be paid by the first distributor | 18476 |
| of a commercial feed if the distribution is made to an exempt | 18477 |
| buyer who shall be responsible for the fee. The director shall | 18478 |
| establish an exempt list consisting of those buyers who are | 18479 |
| responsible for the fee. | 18480 |
| (3) The semiannual inspection fee shall not be paid on a | 18481 |
| commercial feed if the fee has been paid by a previous | 18482 |
| distributor. | 18483 |
| (4) The semiannual inspection fee shall not be paid on | 18484 |
| customer-formula feed if the fee has been paid on the commercial | 18485 |
| feeds that are used as components in that customer-formula feed. | 18486 |
| (B) Each distributor or exempt buyer who is required to pay a | 18487 |
| fee under division (A)(1) or (2) of this section shall file a | 18488 |
| semiannual statement with the director that includes the number of | 18489 |
| net tons of commercial feed distributed by the distributor or | 18490 |
| exempt buyer in this state, within thirty days after the thirtieth | 18491 |
| day of June and within thirty days after the thirty-first day of | 18492 |
| December, respectively, of each calendar year. | 18493 |
| The inspection fee at the rate stated in division (A)(1) of | 18494 |
| this section shall accompany the statement. For a tonnage report | 18495 |
| that is not filed or payment of inspection fees that is not made | 18496 |
| within fifteen days after the due date, a penalty of ten per cent | 18497 |
| of the amount due, with a minimum penalty of fifty dollars shall | 18498 |
| be assessed against the distributor or exempt buyer. The amount of | 18499 |
| fees due, plus penalty, shall constitute a debt and become the | 18500 |
| basis of a judgment against the distributor or exempt buyer. | 18501 |
| (C) No information furnished under this section shall be | 18502 |
| disclosed by an employee of the department of agriculture in such | 18503 |
| a way as to divulge the operation of any person required to make | 18504 |
| such a report. | 18505 |
| (D) All money collected under this section shall be credited | 18506 |
| to the commercial feed and seed fund created in section 923.46 of | 18507 |
| the Revised Code. | 18508 |
| Sec. 923.46. | 18509 |
| 18510 | |
| 18511 | |
| The commercial feed | 18512 |
| 18513 | |
| treasury. The fund shall consist of money credited to it under | 18514 |
| this chapter and Chapter 907. of the Revised Code. | 18515 |
| The director shall | 18516 |
| 18517 | |
| keep accurate records of all receipts into and disbursements from | 18518 |
| the fund and shall prepare, and provide upon request, an annual | 18519 |
| report classifying the receipts and disbursements that pertain to | 18520 |
| commercial feed or seed. | 18521 |
| Sec. 927.51. As used in sections 927.51 to | 18522 |
| the Revised Code: | 18523 |
| (A) "Collected plant" means any plant dug or gathered from | 18524 |
| any wood lot, field, forest, or any other location in which such a | 18525 |
| plant is found growing in its native habitat. | 18526 |
| (B) "Collector" means any person who collects, for sale, | 18527 |
| plants from wood lots, fields, forests, or other native habitat. | 18528 |
| (C) "Dealer" means any person other than a nurseryman who | 18529 |
| offers for sale, sells, or distributes nursery stock, either | 18530 |
| exclusively or in connection with other merchandise, in or from | 18531 |
| any nursery, store, sales ground, stand, lot, truck, railway car, | 18532 |
| or other vehicle. "Dealer" includes any landscaper who sells or | 18533 |
| offers for sale nursery stock as a part of a grounds improvement | 18534 |
|
project | 18535 |
| (D) "Hardy," when applied to plants and bulbs, whether wild | 18536 |
| or cultivated, means capable of surviving the normal winter | 18537 |
| temperatures of this state. | 18538 |
| (E) "Host" means any plant or plant product from which any | 18539 |
| pest derives its food supply, or upon which it depends for its | 18540 |
| well being or to complete any part of its life cycle. | 18541 |
| (F) "Infested" means containing or harboring one or more | 18542 |
| pests or infected with one or more pests. | 18543 |
| (G) "Nursery" means any grounds or premises on or in which | 18544 |
| nursery stock is propagated or grown for sale. | 18545 |
| (H) "Nurseryman" means a person who owns, leases, manages, or | 18546 |
| is in charge of a nursery. | 18547 |
| (I) "Nursery stock" means: | 18548 |
| (1) Any hardy tree, shrub, plant, or bulb, whether wild or | 18549 |
| cultivated, except turfgrass, and any cutting, graft, scion, or | 18550 |
| bud thereof; | 18551 |
| (2) Any nonhardy plant, or plant part, | 18552 |
|
offered for sale in any state | 18553 |
|
certification of | 18554 |
| entrance therein. | 18555 |
| (J) "Person" means any corporation, company, society, | 18556 |
| association, partnership, individual or combination of | 18557 |
| individuals, institution, park, or any public agency administered | 18558 |
| by the state or any subdivision of the state. | 18559 |
| (K) "Pest" means any insect, mite, nematode, bacteria, | 18560 |
| fungus, virus, parasitic plant, or any other organism or any stage | 18561 |
|
of any such organism | 18562 |
| injury, disease, or damage to any plant, plant part, or plant | 18563 |
| product. | 18564 |
| (L) "Place of business" means each separate location from | 18565 |
| which nursery stock is sold, offered for sale, or distributed. | 18566 |
| (M) "Intensive production area" means a place where nursery | 18567 |
| stock is propagated or grown using greenhouses, liner beds, lath | 18568 |
| beds, or containers. | 18569 |
| (N) "Nonintensive production area" means any place where | 18570 |
| nursery stock is propagated or grown as field stock. | 18571 |
| (O) "Forced floral plants" means plants with desirable flower | 18572 |
| characteristics in which the bloom is artificially induced at an | 18573 |
| unnatural time of the year. | 18574 |
| Sec. 927.52. (A) The director of agriculture shall adopt and | 18575 |
| enforce any rules that are necessary to carry out sections 927.51 | 18576 |
|
to | 18577 |
| (B) The director may revoke, suspend, or refuse to issue any | 18578 |
| nursery certificate or dealer's license for any violation of | 18579 |
| sections 927.51 to 927.71 of the Revised Code, or of any rules | 18580 |
| adopted under those sections. | 18581 |
| (C) The director may publish reports describing nursery | 18582 |
| inspection and pest control operations authorized by sections | 18583 |
| 927.51 to 927.71 of the Revised Code. | 18584 |
| Sec. 927.53. (A) Each collector or dealer who sells, offers, | 18585 |
| or exposes for sale, or distributes nursery stock within this | 18586 |
| state, or ships nursery stock to other states, shall pay an annual | 18587 |
|
license fee of | 18588 |
| director of agriculture for each place of business the collector | 18589 |
| or dealer operates. | 18590 |
| (B)(1) Each dealer shall furnish the director, annually, an | 18591 |
| affidavit that the dealer will buy and sell only nursery stock | 18592 |
| which has been inspected and certified by an official state or | 18593 |
| federal inspector. | 18594 |
| (2) Each dealer's license expires on the thirty-first day of | 18595 |
| December of each year. Each licensed dealer shall apply for | 18596 |
| renewal of the dealer's license prior to the first day of January | 18597 |
| of each year and in accordance with the standard renewal procedure | 18598 |
| of sections 4745.01 to 4745.03 of the Revised Code. | 18599 |
| (C) Each licensed nurseryperson shall post conspicuously in | 18600 |
| the nurseryperson's principal place of business, the certificate | 18601 |
| which is issued to the nurseryperson in accordance with section | 18602 |
| 927.61 of the Revised Code. | 18603 |
| (D) Each licensed nurseryperson, or dealer, shall post | 18604 |
| conspicuously in each place of business, each certificate or | 18605 |
| license which is issued to the nurseryperson or dealer in | 18606 |
| compliance with this section or section 927.61 of the Revised | 18607 |
| Code. | 18608 |
| (E)(1) Each nurseryperson who produces, sells, offers for | 18609 |
| sale, or distributes woody nursery stock within the state, or | 18610 |
| ships woody nursery stock to other states, shall pay to the | 18611 |
|
director an annual inspection fee of | 18612 |
|
plus | 18613 |
|
nursery stock
in intensive production areas and | 18614 |
| per acre, or fraction thereof, of growing nursery stock in | 18615 |
| nonintensive production areas, as applicable. | 18616 |
| (2) Each nurseryperson who limits production and sales of | 18617 |
| nursery stock to brambles, herbaceous, perennial, and other | 18618 |
| nonwoody plants, shall pay to the director an inspection fee of | 18619 |
| 18620 | |
| fraction thereof, of growing nursery stock in intensive and | 18621 |
| nonintensive production areas. | 18622 |
| (F) | 18623 |
| 18624 |
| | 18625 |
| 18626 | |
| 18627 |
| | 18628 |
| 18629 |
| | 18630 |
| | 18631 |
| 18632 |
| | 18633 |
| 18634 |
| | 18635 |
| 18636 |
| | 18637 |
| | 18638 |
| 18639 |
| | 18640 |
|
be | 18641 |
| 18642 | |
|
927.54 of the Revised Code. | 18643 |
| 18644 | |
| 18645 | |
| 18646 |
| Sec. 927.54. The plant pest program fund is hereby created in | 18647 |
| the state treasury. The fund shall consist of money credited to it | 18648 |
| under this chapter and any rules adopted under it. The director of | 18649 |
| agriculture shall use money in the fund to administer this | 18650 |
| chapter. | 18651 |
| The director shall keep accurate records of all receipts into | 18652 |
| and disbursements from the fund and shall prepare, and provide | 18653 |
| upon request, an annual report classifying the receipts and | 18654 |
| disbursements that pertain to plant pests. | 18655 |
| Sec. 927.56. (A) Each nurseryman, dealer, or collector of | 18656 |
| nursery stock, who resides in or has his principal place of | 18657 |
| business in another state and who sends nursery stock into this | 18658 |
| state without having a bona fide order in advance for all such | 18659 |
|
nursery stock, shall obtain the same license | 18660 |
| required by section 927.53 of the Revised Code. | 18661 |
| (B) The director of agriculture may enter into such | 18662 |
|
reciprocal contracts and agreements as | 18663 |
| proper and expedient, with the proper authorities of other states | 18664 |
| or of the federal government to regulate the shipment, sale, and | 18665 |
| distribution of nursery stock in this state by persons residing in | 18666 |
| or located in another state, in accordance with sections 927.51 to | 18667 |
| 18668 |
| Sec. 927.69. To effect the purpose of sections 927.51 to | 18669 |
| 18670 | |
| the director's authorized representative may: | 18671 |
| (A) Make reasonable inspection of any premises in this state | 18672 |
| and any property therein or thereon; | 18673 |
| (B) Stop and inspect in a reasonable manner, any means of | 18674 |
| conveyance moving within this state upon probable cause to believe | 18675 |
| it contains or carries any pest, host, commodity, or other article | 18676 |
| that is subject to sections 927.51 to 927.72 of the Revised Code; | 18677 |
| (C) Conduct inspections of agricultural products that are | 18678 |
| required by other states, the United States department of | 18679 |
| agriculture, other federal agencies, or foreign countries to | 18680 |
| determine whether the products are infested. If, upon making such | 18681 |
| an inspection, the director or the director's authorized | 18682 |
| representative determines that an agricultural product is not | 18683 |
| infested, the director or the director's authorized representative | 18684 |
| may issue a certificate, as required by other states, the United | 18685 |
| States department of agriculture, other federal agencies, or | 18686 |
| foreign countries, indicating that the product is not infested. | 18687 |
| If the director charges fees for any of the certificates, | 18688 |
| agreements, or inspections specified in this section, the fees | 18689 |
| shall be as follows: | 18690 |
| (1) Phyto sanitary certificates, twenty-five dollars for | 18691 |
| those collectors or dealers that are licensed under section 927.53 | 18692 |
| of the Revised Code; | 18693 |
| (2) Phyto sanitary certificates, one hundred dollars for all | 18694 |
| others; | 18695 |
| (3) Compliance agreements, | 18696 |
| | 18697 |
| (4) Agricultural products and their conveyances inspections, | 18698 |
| an amount equal to the hourly rate of pay in the highest step in | 18699 |
| the pay range, including fringe benefits, of a plant pest control | 18700 |
| specialist multiplied by the number of hours worked by such a | 18701 |
| specialist in conducting an inspection. | 18702 |
| The director may adopt rules under section 927.52 of the | 18703 |
| Revised Code that define the certificates, agreements, and | 18704 |
| inspections. | 18705 |
| The fees shall be | 18706 |
|
to the | 18707 |
| 18708 | |
| 18709 | |
| 18710 | |
| 18711 |
| Sec. 927.70. (A) No person shall knowingly permit any plant | 18712 |
|
pest | 18713 |
| dangerously harmful by the director of agriculture, in compliance | 18714 |
| with procedures required by division (A) of section 927.52 of the | 18715 |
|
Revised Code, to exist in or on | 18716 |
| (B) Whenever the director or | 18717 |
| representative finds any article or commodity to be infested or | 18718 |
| has reason to believe it to be infested, or finds that a host or | 18719 |
|
pest exists on
any premises, or is in transit in this state, | 18720 |
| the director may: | 18721 |
| (1) Upon giving notice to the owner or | 18722 |
| in possession thereof, seize, quarantine, treat, or otherwise | 18723 |
|
dispose of | 18724 |
|
manner
as | 18725 |
| control, eradicate, or to prevent or retard the spread of a pest; | 18726 |
| (2) Order | 18727 |
| dispose of the pest, host, article, or commodity. | 18728 |
| (C) If the owner or person in charge of | 18729 |
| refuses or neglects to carry out the orders of the director within | 18730 |
| seven days after receiving written notice, the director may treat | 18731 |
| the premises; treat or destroy the infested plants or plant | 18732 |
|
material; or apply any other preventive or remedial measure
| 18733 |
| 18734 | |
| preventative or remedial measures shall be assessed, collected, | 18735 |
| and enforced, as taxes are assessed, collected, and enforced, | 18736 |
|
against the premises upon which | 18737 |
|
The
amount of | 18738 |
| 18739 | |
| to the plant pest program fund created in section 927.54 of the | 18740 |
| Revised Code. | 18741 |
| Sec. 927.701. (A) As used in this section, "gypsy moth" | 18742 |
| means the live insect, Lymantria dispar, in any stage of | 18743 |
| development. | 18744 |
| (B) The director of agriculture may establish a voluntary | 18745 |
| gypsy moth suppression program under which a landowner may request | 18746 |
| that the department of agriculture have the landowner's property | 18747 |
| aerially sprayed to suppress the presence of gypsy moths in | 18748 |
| exchange for payment from the landowner of a portion of the cost | 18749 |
|
of the spraying. To determine the | 18750 |
| 18751 | |
| 18752 | |
| 18753 | |
| 18754 | |
| 18755 | |
| 18756 | |
| 18757 | |
| add the per-acre cost of the product selected by the landowner to | 18758 |
| suppress gypsy moths and the per-acre cost of applying the product | 18759 |
| as determined by the director in rules. To determine the aggregate | 18760 |
| total cost, the department shall multiply the total cost per acre | 18761 |
| by the number of acres that the landowner requests to be sprayed. | 18762 |
| The department shall add to that amount any administrative costs | 18763 |
| that it incurs in billing the landowner and collecting payment. | 18764 |
| 18765 | |
| 18766 | |
| the cost that is assessed to the landowner, if any, shall be | 18767 |
| determined by the funding that is allocated to the department by | 18768 |
| the federal and state gypsy moth suppression programs. | 18769 |
| (C) The director shall adopt rules under Chapter 119. of the | 18770 |
| Revised Code to establish procedures under which a landowner may | 18771 |
| make a request under division (B) of this section, to establish | 18772 |
| the per-acre cost of applying product to suppress gypsy moths, and | 18773 |
| to establish provisions governing agreements between the | 18774 |
| department and landowners concerning gypsy moth suppression | 18775 |
| together with any other provisions that the director considers | 18776 |
| appropriate to administer this section. | 18777 |
| (D) The director shall deposit all money collected under this | 18778 |
|
section | 18779 |
| plant pest program fund created in | 18780 |
| the Revised Code. Money credited to the fund under this section | 18781 |
| shall be used for the suppression of gypsy moths in accordance | 18782 |
| with this section. | 18783 |
| Sec. 927.71. (A) The director of agriculture, in accordance | 18784 |
| with Chapter 119. of the Revised Code, may quarantine: | 18785 |
| (1) This state or any portion thereof when | 18786 |
| determines that such action is necessary to prevent or retard the | 18787 |
| spread of a pest into, within, or from this state; | 18788 |
| (2) Any other state or portion thereof when | 18789 |
| determines that a pest exists therein and that such action is | 18790 |
| necessary to prevent or retard its spread into this state. | 18791 |
| (B) The director may limit the application of a quarantine to | 18792 |
| the infested portions of the quarantined area and appropriate | 18793 |
| environs, to be known as the regulated area, and may, without | 18794 |
| further hearing, extend the regulated area to include additional | 18795 |
| portions of the quarantined area either: | 18796 |
| (1) Upon publication of a notice to that effect in such | 18797 |
|
newspapers in the
quarantined area as | 18798 |
| (2) Upon written notice to those concerned. | 18799 |
| (C) Following establishment of a quarantine, no person shall | 18800 |
| move any regulated article described in the quarantine, or move | 18801 |
| the pest against which the quarantine is established, within, | 18802 |
|
from, into, or through this state
contrary to | 18803 |
| 18804 | |
| or order of the director. | 18805 |
| (D) A | 18806 |
| any regulated article from the quarantined or regulated area in | 18807 |
| this state into or through other parts of this state or other | 18808 |
| states and from the quarantine or regulated area in other states | 18809 |
| into or through this state and may impose such inspection, | 18810 |
| disinfection, certification, permit, or other requirements as the | 18811 |
| director determines necessary to effectuate the purpose of | 18812 |
|
sections 927.51 to
| 18813 |
| Sec. 942.01. As used in sections 942.01 to 942.13 of the | 18814 |
| Revised Code: | 18815 |
| (A) "Conveyance" means a vehicle, trailer, or compartment | 18816 |
| that is used to transport raw rendering material. | 18817 |
| (B) "Garbage" means all waste material derived in whole or in | 18818 |
| part from the meat of any animal, including fish and poultry, or | 18819 |
| other animal material, and other refuse of any character that has | 18820 |
| been associated with such waste material resulting from the | 18821 |
| handling, preparation, cooking, or consumption of food. | 18822 |
| | 18823 |
| partnership, association, society, company, firm, or other legal | 18824 |
| entity. | 18825 |
| | 18826 |
| section 953.21 of the Revised Code. | 18827 |
| (E) "Treated garbage" means any edible garbage for | 18828 |
| consumption by swine that has been heated at boiling point while | 18829 |
| being agitated, except in steam cooking equipment, to ensure that | 18830 |
| the garbage is heated throughout for thirty minutes under the | 18831 |
| supervision of a person licensed pursuant to section 942.02 of the | 18832 |
| Revised Code. | 18833 |
| Sec. 942.02. (A) No person shall feed on | 18834 |
| premises, or permit the feeding of, treated garbage to swine | 18835 |
| without a license to do so issued by the department of | 18836 |
| agriculture. | 18837 |
| (B) An application for a license to feed treated garbage | 18838 |
| shall be made in writing on a form prescribed by the director of | 18839 |
| agriculture. | 18840 |
| (C) A license shall be renewed before the thirty-first day of | 18841 |
| December of each year, and an application for renewal shall be | 18842 |
| filed before the thirtieth day of November of each year. | 18843 |
| (D) The fee for the license shall be | 18844 |
| dollars per annum. A late fee of fifty dollars shall be paid for | 18845 |
| each application that is received after the thirtieth day of | 18846 |
| November each year. | 18847 |
| (E) All money collected under this section shall be credited | 18848 |
| to the animal and consumer analytical laboratory fund created in | 18849 |
| section 901.43 of the Revised Code. | 18850 |
| Sec. 942.06. (A) Equipment used for handling garbage, | 18851 |
| except for the containers in which the garbage is treated, and | 18852 |
| conveyances shall not subsequently be used in the feeding of swine | 18853 |
| unless first cleaned and disinfected in accordance with directions | 18854 |
| on the labels of one of the following disinfectants approved by | 18855 |
| the "Federal Insecticide, Fungicide and Rodenticide Act," 61 Stat. | 18856 |
| 163 (1947), 7 U.S.C.A. 136, as amended: | 18857 |
| (1) A registered brand of sodium orthophenylphenate; | 18858 |
| (2) A registered cresylic disinfectant, provided that the | 18859 |
| conditions set forth under 9 C.F.R. 71.10 and 77.11 are met; | 18860 |
| (3) Disinfectants with tuberculocidal claims and labeled as | 18861 |
| efficacious against any species within the viral genus herpes. | 18862 |
| (B) Treated or untreated garbage that is not fed to swine and | 18863 |
| materials associated with such garbage shall be disposed of in a | 18864 |
| manner consistent with all applicable federal and state laws and | 18865 |
| in an area inaccessible to the swine. | 18866 |
| (C) All refuse resulting from feeding treated garbage to | 18867 |
|
swine | 18868 |
| so as to prevent the attraction of insects and rodents or the | 18869 |
| contamination of adjoining property. | 18870 |
| (D) The premises, vehicles, and equipment used in the feeding | 18871 |
| of treated garbage to swine shall be subject to inspection by the | 18872 |
| department of agriculture during regular business hours. If the | 18873 |
|
director of agriculture or
| 18874 |
|
access to any premises as
authorized under this
division, | 18875 |
| director or the director's designee may apply to any court of | 18876 |
| competent jurisdiction for a search warrant authorizing access to | 18877 |
| the requested premises. Upon receipt of an application for a | 18878 |
| search warrant, the court may issue a search warrant for the | 18879 |
| purposes requested. | 18880 |
| (E)(1) The owner of the premises, vehicles, and equipment | 18881 |
| used in the feeding of treated garbage to swine and licensed | 18882 |
| pursuant to section 942.02 of the Revised Code shall be | 18883 |
| responsible for cleaning and disinfecting them with no expense to | 18884 |
| the department. | 18885 |
| (2) The owner of a conveyance is responsible for cleaning and | 18886 |
| disinfecting the conveyance with no expense to the department. | 18887 |
| Sec. 942.13. This chapter does not apply to | 18888 |
| the following: | 18889 |
| (A) An individual who feeds garbage
from | 18890 |
|
household to | 18891 |
| individual who only feeds bakery waste, candy waste, eggs, | 18892 |
| vegetables, or dairy products to swine; | 18893 |
| (B) Rendered products. As used in this division, "rendered | 18894 |
| product" means raw rendering material that has been ground and | 18895 |
| heated to a minimum temperature of two hundred thirty degrees | 18896 |
| Fahrenheit to make products such as animal, poultry, or fish | 18897 |
| protein, grease, or tallow. | 18898 |
| Sec. 943.01. As used in sections 943.01 to 943.18 of the | 18899 |
| Revised Code: | 18900 |
| (A) "Animals" or "livestock" means horses, mules, and other | 18901 |
| equidae, cattle, sheep, and goats and other bovidae, swine and | 18902 |
| other suidae, poultry, alpacas, and llamas. | 18903 |
| (B) "Dealer" or "broker" means any person found by the | 18904 |
| department of agriculture buying, receiving, selling, | 18905 |
| slaughtering, with the exception of those persons designated by | 18906 |
| division (B)(1) of section 918.10 of the Revised Code, exchanging, | 18907 |
| negotiating, or soliciting the sale, resale, exchange, or transfer | 18908 |
| of any animals in an amount of more than two hundred fifty head of | 18909 |
| cattle, horses, or other equidae or five hundred head of sheep, | 18910 |
|
goats, or other bovidae | 18911 |
| alpacas, or llamas during any one year. "Dealer" or "broker" | 18912 |
| does not mean any of the following: | 18913 |
| (1) Any railroad or other carrier transporting animals either | 18914 |
| interstate or intrastate; | 18915 |
| (2) Any person who by dispersal sale is permanently | 18916 |
| discontinuing the business of farming, dairying, breeding, | 18917 |
| raising, or feeding animals; | 18918 |
| (3) Any person who sells livestock that has been raised from | 18919 |
| birth on the premises of the person; | 18920 |
| (4) Any person who buys or receives animals for grazing or | 18921 |
| feeding purposes at a premises owned or controlled by the person | 18922 |
| and sells or disposes of the animals after the minimum grazing or | 18923 |
| feeding period of thirty days; | 18924 |
| (5) Any person who places livestock in facilities other than | 18925 |
| the person's own pursuant to a written agreement for feeding or | 18926 |
| finishing, provided that the person retains legal and equitable | 18927 |
| title to the livestock during the term of the agreement. | 18928 |
| The exemptions set forth in divisions (B)(1) to (5) of this | 18929 |
| section are exclusive of those activities requiring licensure | 18930 |
| under this chapter, so that a person shall be deemed to be a | 18931 |
| dealer or broker or subject to divisions (B)(1) to (5) of this | 18932 |
| section, but shall not be, or be subject to, both. No person who | 18933 |
| is a licensed dealer or broker and whose license is suspended | 18934 |
| shall have livestock or animals exempted pursuant to divisions | 18935 |
| (B)(1) to (5) of this section. | 18936 |
| (C) "Employee" means any person employed by a dealer or | 18937 |
| broker to act in the dealer's or broker's behalf to buy, sell, | 18938 |
| exchange, negotiate, or solicit sale or resale of animals in the | 18939 |
| dealer's or broker's name. | 18940 |
| (D) "Small dealer" means any person found by the department | 18941 |
| buying, receiving, selling, slaughtering, with the exception of | 18942 |
| those persons designated by division (B)(1) of section 918.10 of | 18943 |
| the Revised Code, exchanging, negotiating, or soliciting the sale, | 18944 |
| resale, exchange, or transfer of any animals in an amount of two | 18945 |
| hundred fifty head or less of cattle, horses, or other equidae or | 18946 |
| five hundred head or less of sheep, goats, or other bovidae, swine | 18947 |
| or other suidae, poultry, alpacas, or llamas during any one year. | 18948 |
| Sec. 943.02. (A) No person shall act as a small dealer, | 18949 |
| dealer, or broker without first being licensed. No person shall be | 18950 |
| an employee of more than one small dealer, dealer, or broker. | 18951 |
| Except as provided in division (B) of this section, no person | 18952 |
| holding a license as a small dealer, dealer, or broker shall be an | 18953 |
| employee. No employee shall act for any small dealer, dealer, or | 18954 |
| broker unless the small dealer, dealer, or broker is licensed, and | 18955 |
|
has designated the employee to act in | 18956 |
| dealer's, or broker's behalf and has notified the department of | 18957 |
|
agriculture in | 18958 |
| official notice in writing of the appointment of the employee. The | 18959 |
| small dealer, dealer, or broker shall be accountable and | 18960 |
| responsible for all contracts pertaining to the purchase, | 18961 |
| exchange, or sale of livestock made by the employee. The small | 18962 |
| dealer, dealer, or broker who terminates the services of an | 18963 |
| employee shall notify the department in writing of the employee's | 18964 |
| termination. No person who is a licensed small dealer, dealer, or | 18965 |
| broker shall have livestock exempted pursuant to divisions (B)(1) | 18966 |
| 18967 |
| (B) A small dealer, dealer, or broker may be an employee of | 18968 |
|
other small dealers, dealers, or brokers only
when | 18969 |
| dealer, dealer, or broker so employed is a soliciting agent for a | 18970 |
| video auction. | 18971 |
| (C) The director of agriculture shall define by rule | 18972 |
| "soliciting agent" and "video auction" for the purposes of this | 18973 |
| section. | 18974 |
| Sec. 943.031. (A) Application for a license as a small | 18975 |
| dealer shall be made in writing to the department of agriculture. | 18976 |
| The application shall state the nature of the business, the | 18977 |
| municipal corporation or township, county, and post-office address | 18978 |
| of the location where the business is to be conducted, the name of | 18979 |
| any employee who is authorized to act in the small dealer's | 18980 |
| behalf, and any additional information that the department | 18981 |
| prescribes. | 18982 |
| (B) The applicant shall satisfy the department of the | 18983 |
| applicant's character and good faith in seeking to engage in the | 18984 |
| business of a small dealer. The department then shall issue to the | 18985 |
| applicant a license to conduct the business of a small dealer at | 18986 |
| the place named in the application. Licenses, unless revoked, | 18987 |
| shall expire annually on the thirty-first day of March and shall | 18988 |
| be renewed according to the standard renewal procedure established | 18989 |
| in sections 4745.01 to 4745.03 of the Revised Code. | 18990 |
| (C) No license shall be issued by the department to a small | 18991 |
| dealer having weighing facilities until the applicant has filed | 18992 |
| with the department a copy of a scale test certificate showing the | 18993 |
| weighing facilities to be in satisfactory condition, a copy of the | 18994 |
| license of each weigher employed by the applicant, and a | 18995 |
| certificate of inspection by the department showing livestock | 18996 |
| market facilities to be in satisfactory sanitary condition. | 18997 |
| (D) No licensed small dealer shall employ as an employee a | 18998 |
| person who, as a small dealer, dealer, or broker, previously | 18999 |
| defaulted on contracts pertaining to the purchase, exchange, or | 19000 |
| sale of livestock until the licensee does both of the following: | 19001 |
| (1) Appears at a hearing before the director of agriculture | 19002 |
| or the director's designee conducted in accordance with Chapter | 19003 |
| 119. of the Revised Code pertaining to that person; | 19004 |
| (2) Signs and files with the director an agreement that | 19005 |
| guarantees, without condition, all contracts pertaining to the | 19006 |
| purchase, exchange, or sale of livestock made by the person while | 19007 |
| in the employ of the licensee. The director shall prescribe the | 19008 |
| form and content of the agreement. | 19009 |
| (E) A licensed small dealer is not required to maintain | 19010 |
| financial responsibility or furnish proof of financial | 19011 |
| responsibility. | 19012 |
| Sec. 943.04. (A) Fees for the initial issuance of any license | 19013 |
|
issued pursuant to sections 943.02 | 19014 |
| Revised Code, shall be paid to the department of agriculture. | 19015 |
| (B) All annual renewal fees for | 19016 |
|
paid by
the applicant for | 19017 |
| before the thirty-first day of March of each year to the treasurer | 19018 |
|
of state. | 19019 |
| shall be based on the number of head of livestock purchased, sold, | 19020 |
| or exchanged, in this state, whichever is the greatest, during the | 19021 |
|
preceding calendar year. | 19022 |
| shall be as follows: | 19023 |
| Less than 1,000 head .......... | 19024 |
| For 1,001 to 10,000 head .......... | 19025 |
| For more than 10,000 head .......... | 19026 |
| annum. | 19027 |
| In the event a dealer or broker operates more than one place | 19028 |
| where livestock is purchased, sold, or exchanged, a fee shall be | 19029 |
|
paid for each | 19030 |
| or exchange shall be counted in computing the amount of the fee to | 19031 |
|
be paid for each | 19032 |
|
Shipment between yards owned or operated by
| 19033 |
| broker shall be exempt. | 19034 |
| A late fee of one hundred dollars shall be paid for each | 19035 |
| dealer or broker license renewal application that is received | 19036 |
| after the thirty-first day of March each year. | 19037 |
| (C)(1) A fee of twenty-five dollars shall be paid by each | 19038 |
| small dealer. | 19039 |
| If a small dealer operates more than one place where | 19040 |
| livestock is purchased, sold, or exchanged, a fee shall be paid | 19041 |
| for each place, but only the original purchase, sale, or exchange | 19042 |
| shall be counted in computing the amount of fee to be paid for | 19043 |
| each place operated by the small dealer. Shipment between yards | 19044 |
| owned or operated by the small dealer shall be exempt. | 19045 |
| (2) A late fee of twenty-five dollars shall be paid for each | 19046 |
| small dealer license renewal application that is received after | 19047 |
| the thirty-first day of March each year. | 19048 |
| (D) A fee of twenty dollars shall be paid by each employee | 19049 |
| that is appointed by a small dealer, dealer, or broker as provided | 19050 |
| in section 943.02 of the Revised Code. | 19051 |
| (E) A fee of | 19052 |
| weigher. | 19053 |
| (F) All | 19054 |
|
of the
Revised Code | 19055 |
| 19056 | |
| animal and consumer analytical laboratory fund created in section | 19057 |
| 901.43 of the Revised Code. | 19058 |
| Sec. 943.05. (A) The director of agriculture may refuse to | 19059 |
| grant or may suspend a small dealer's, dealer's, or broker's | 19060 |
|
license, without
prior hearing, | 19061 |
|
determining from
evidence presented to | 19062 |
| is reasonable cause to believe any of the following situations | 19063 |
| exist: | 19064 |
| (1) Where the applicant or licensee or an employee has | 19065 |
| violated the laws of the state or official regulations governing | 19066 |
| the interstate or intrastate movement, shipment, or transportation | 19067 |
| of animals, or has been convicted of a crime involving moral | 19068 |
| turpitude or convicted of a felony; | 19069 |
| (2) Where there have been false or misleading statements as | 19070 |
| to the health or physical condition of the animals with regard to | 19071 |
| official tests or quantity of animals, or the practice of fraud or | 19072 |
| misrepresentation in connection therewith or in the buying or | 19073 |
| receiving of animals or receiving, selling, exchanging, | 19074 |
| soliciting, or negotiating the sale, resale, exchange, weighing, | 19075 |
| or shipment of animals; | 19076 |
| (3) Where the applicant or licensee acts as a small dealer, | 19077 |
| dealer, or broker for a person attempting to conduct business in | 19078 |
| violation of section 943.02 of the Revised Code, after the notice | 19079 |
| of the violation has been given to the licensee by the department | 19080 |
| of agriculture; | 19081 |
| (4) Where the applicant or licensee or employee fails to | 19082 |
| practice measures of sanitation, disinfection, and inspection as | 19083 |
| required by sections 943.01 to 943.18 of the Revised Code, or | 19084 |
| prescribed by the department, of premises or vehicles used for the | 19085 |
| yarding, holding, or transporting of animals; | 19086 |
| (5) Where there has been a failure to keep records required | 19087 |
| by the department or where there is a refusal on the part of the | 19088 |
| applicant or licensee or employee to produce records of | 19089 |
| transactions in the carrying on of the business for which the | 19090 |
| license is granted; | 19091 |
| (6) Where the applicant or licensee providing weighing | 19092 |
| facilities used for, in connection with, or incident to the | 19093 |
| purchase or sale of livestock for the account of the licensee or | 19094 |
| others, fails to maintain and operate the weighing facilities in | 19095 |
| accordance with sections 943.08 and 943.10 of the Revised Code; | 19096 |
| (7) Where the applicant or licensee in the conduct of the | 19097 |
| business covered by the license fails to maintain and operate | 19098 |
| weighing facilities in accordance with sections 943.08 and 943.10 | 19099 |
| of the Revised Code or fails to cause its livestock to be weighed | 19100 |
| by licensed weighers as provided in those sections; | 19101 |
| (8) | 19102 |
| the licensee fails to maintain a bond or deposit, or letter of | 19103 |
| credit, if applicable, or fails to adjust the bond or deposit upon | 19104 |
| thirty days' notice or refuses or neglects to pay the fees or | 19105 |
| inspection charges required to be paid; | 19106 |
| (9) Where the licensee has been suspended by order of the | 19107 |
| secretary of agriculture of the United States department of | 19108 |
| agriculture under provisions of the "Packers and Stockyards Act of | 19109 |
| 1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended; | 19110 |
| (10) | 19111 |
| the surety company, trustee, or issuer of a letter of credit of | 19112 |
| the licensee issues a notice of termination of the licensee's bond | 19113 |
| agreement, deposit agreement, or letter of credit. | 19114 |
| (B) When the director refuses to grant or suspends a small | 19115 |
|
dealer's, dealer's, or broker's
license, | 19116 |
| the director's designee may hand deliver the order. The licensee | 19117 |
| to whom a suspension order is issued shall be afforded a hearing | 19118 |
| in accordance with Chapter 119. of the Revised Code, after which | 19119 |
| the director shall reinstate, revoke, or suspend for a longer or | 19120 |
| indefinite period the suspended license. | 19121 |
| Sec. 943.06. Every small dealer, dealer, and broker licensed | 19122 |
| under section 943.03 or 943.031 of the Revised Code, as | 19123 |
|
applicable, and carrying on or conducting business under | 19124 |
| license, shall post in a conspicuous place in or at the place of | 19125 |
|
business of | 19126 |
| by the department of agriculture, to be kept so posted and exposed | 19127 |
| for inspection by any person. | 19128 |
| Sec. 943.07. Each small dealer, dealer, or broker leasing, | 19129 |
| renting, operating, or owning livestock yards, pens, premises, or | 19130 |
| vehicles in which animals are quartered, fed, held, or | 19131 |
| transported, shall have a veterinary inspector approved by the | 19132 |
| department of agriculture, inspect, when directed, all such yards, | 19133 |
| premises, and vehicles and shall thoroughly and completely | 19134 |
| disinfect all such yards, pens, premises, and vehicles under the | 19135 |
| direction of the veterinary inspector and as prescribed by the | 19136 |
|
department.
The cost of | 19137 |
|
be borne by
| 19138 |
| The department shall not require such veterinary inspection | 19139 |
| of yards, pens, premises, or other facilities where veterinary | 19140 |
| inspection is regularly maintained by the United States department | 19141 |
| of agriculture, or by the municipal corporation in which the same | 19142 |
| are located, or where livestock is transported to markets or | 19143 |
| slaughtering establishments where such inspection is maintained. | 19144 |
| The department may adopt | 19145 |
| requirements covering the construction and maintenance of | 19146 |
| buildings, pens, and chutes on all premises regularly used for the | 19147 |
| assembling, receiving, handling, feeding, watering, holding, | 19148 |
| buying, or selling of livestock, and may prescribe and enforce | 19149 |
|
rules | 19150 |
|
sections 943.01 to 943.18 of the Revised Code. | 19151 |
| shall not apply to railroads subject to the "Interstate Commerce | 19152 |
| Act of 1887," 24 Stat. 379, 49 U.S.C.A. 1. | 19153 |
| Sec. 943.13. The department of agriculture shall require | 19154 |
| inspection, tests, and treatments necessary to prevent the spread | 19155 |
| of diseases of all animals sold or transferred from pens, yards, | 19156 |
|
premises, or vehicles by | 19157 |
| brokers except when such animals are immediately delivered to a | 19158 |
|
slaughtering
establishment. | 19159 |
| treatments shall be made by a veterinary inspector approved by the | 19160 |
| department and shall be made and reported as prescribed by the | 19161 |
|
department. The
fees for | 19162 |
| 19163 | |
| apply to a person operating a slaughtering establishment at which | 19164 |
| antemortem veterinary inspection is regularly maintained. | 19165 |
| The director of agriculture, without a prior hearing, may | 19166 |
| revoke the approval of a veterinary inspector. A person to whom an | 19167 |
| order of revocation is issued shall be afforded a hearing in | 19168 |
| accordance with sections 119.01 to 119.13 of the Revised Code. | 19169 |
| Animals sold through a livestock auction market shall be | 19170 |
| accompanied by a release as may be prescribed by the department | 19171 |
|
and issued by the | 19172 |
| The release shall state the date, number and kind of animals | 19173 |
| moved, point of origin, and buyer. | 19174 |
| Animals sold for slaughter may be identified by an ear tag, a | 19175 |
| livestock paint brand, or other prescribed identification, | 19176 |
| whenever the department finds such identification necessary. | 19177 |
| Operators of livestock auction markets shall furnish and | 19178 |
| maintain cattle chutes suitable for restraining animals for | 19179 |
| careful inspection and shall provide suitable laboratory space for | 19180 |
| the veterinary inspector. All swine pens shall be paved and | 19181 |
| maintained so that they can be cleaned and disinfected. All | 19182 |
| diseased animals shall be segregated by species and held in | 19183 |
| designated pens constructed to facilitate cleaning and | 19184 |
| disinfecting. | 19185 |
| Sec. 943.14. (A) The department of agriculture or any of its | 19186 |
| authorized agents may inspect the records of any licensee or | 19187 |
| employee at any time to determine the origin and destination of | 19188 |
| any livestock handled by the licensee and to determine if sections | 19189 |
|
943.01 to 943.18 of the Revised Code, or the rules
| 19190 |
| adopted thereunder, have been violated. | 19191 |
| (B) A small dealer, dealer, or broker, employee, or person | 19192 |
| described in division (B)(4) of section 943.01 of the Revised | 19193 |
| Code, who acquires or disposes of an animal by any means, shall | 19194 |
| make a record of the name and address of the person from whom the | 19195 |
| animal was acquired and to whom disposed. The record also shall | 19196 |
| show the individual identification of each animal at the time of | 19197 |
| acquisition or disposal. These records shall be maintained for a | 19198 |
|
period of
| 19199 |
| acquisition or disposal. | 19200 |
| (C) The individual identification in division (B) of this | 19201 |
| section shall be in a manner or form approved by the department. | 19202 |
| (D) A person who is a soliciting agent for a video auction | 19203 |
| pursuant to division (B) of section 943.02 of the Revised Code | 19204 |
| shall maintain records in a manner or form approved by the | 19205 |
| department. | 19206 |
| Sec. 943.16. All fines imposed and collected under section | 19207 |
|
943.99 of the
Revised Code | 19208 |
| 19209 | |
| animal and consumer analytical laboratory fund created in section | 19210 |
| 901.43 of the Revised Code. | 19211 |
| Sec. 953.21. As used in this chapter: | 19212 |
| (A) "Animal" means any animal, other than | 19213 |
| and includes domestic fowl, wild birds, fish, and reptiles, living | 19214 |
| or dead. | 19215 |
| (B) "Licensee" means any person who is licensed in accordance | 19216 |
| with this chapter. | 19217 |
| (C) "Loading platform" means any place operated by a licensee | 19218 |
| for loading dead animals, or parts thereof, onto trucks to take | 19219 |
| them to a rendering plant or composting facility. | 19220 |
| (D) "Person" means any natural person, partnership, | 19221 |
| association, or corporation. | 19222 |
| (E) "Raw rendering material" means any body, part of a body, | 19223 |
| or product of a body of any dead animal that is unwholesome, | 19224 |
| condemned, inedible, or otherwise unfit for human consumption. | 19225 |
| (F) "Rendering plant" means any premises where raw rendering | 19226 |
| materials are converted into fats, oils, feeds, fertilizer, and | 19227 |
| other products. | 19228 |
| (G) "Composting facility" means any premises, including | 19229 |
| 19230 | |
| rules adopted under section 3734.02 of the Revised Code and used | 19231 |
| for the controlled decomposition of organic solid material, | 19232 |
| including dead animals, that stabilizes the organic fraction of | 19233 |
| the material. | 19234 |
| (H) "Conveyance" means a vehicle, trailer, or compartment. | 19235 |
| Sec. 953.22. (A) No person shall engage in the business of | 19236 |
| disposing of, picking up, rendering, or collecting raw rendering | 19237 |
| material or transporting the material to a composting facility | 19238 |
| without a license to do so from the department of agriculture. | 19239 |
| (B) This chapter does not apply to any of the following: | 19240 |
| (1) | 19241 |
| 19242 | |
| 19243 | |
| 19244 |
| | 19245 |
|
raised by | 19246 |
| 19247 | |
| farmer's raw rendering material only by delivery to a person | 19248 |
| licensed under section 953.23 of the Revised Code; | 19249 |
| | 19250 |
| material is curing hides and skins; | 19251 |
| | 19252 |
| material is operating a pet cemetery; | 19253 |
| | 19254 |
| section 1511.01 of the Revised Code, in accordance with section | 19255 |
| 1511.022 of the Revised Code; | 19256 |
| (5) A person whose only connection with raw rendering | 19257 |
| material is trapping wild animals in accordance with a nuisance | 19258 |
| wild animal permit issued by the chief of the division of wildlife | 19259 |
| in the department of natural resources under rules adopted | 19260 |
| pursuant to section 1531.08 of the Revised Code; | 19261 |
| (6) A county dog warden or animal control officer who | 19262 |
| transports raw rendering material only for disposal purposes. | 19263 |
| Sec. 953.23. (A) Application for a license shall be made to | 19264 |
| the department of agriculture on a form prescribed by the | 19265 |
| department. | 19266 |
| (B) Each application shall include all of the following: | 19267 |
| (1) The name and address of the applicant; | 19268 |
| (2) The applicant's proposed place of business; | 19269 |
| (3) A detailed statement of the method that the applicant | 19270 |
| intends to use to dispose of, pick up, render, or collect raw | 19271 |
| rendering material or to transport it to a composting facility; | 19272 |
| (4) Such other relevant information as the department may | 19273 |
| require. | 19274 |
| (C) Each applicant shall submit the annual license fee with | 19275 |
| 19276 |
| (1) The license fee for a person applying for an annual | 19277 |
| license to pick up or collect raw rendering material and dispose | 19278 |
| of the material to a licensee or in accordance with divisions (B) | 19279 |
| and (C) of section 953.26 of the Revised Code, or to transport raw | 19280 |
| rendering material to a composting facility, is twenty-five | 19281 |
| dollars per conveyance that is used to pick up or collect and | 19282 |
| dispose of or to transport raw rendering material. A late fee of | 19283 |
| ten dollars per conveyance shall be charged for each application | 19284 |
| that is received after the thirtieth day of November each year. | 19285 |
| (2) The license fee for a person applying for an annual | 19286 |
| license to pick up or collect raw rendering material and to | 19287 |
|
operate one or more rendering plants is | 19288 |
| for each such plant. A late fee of one hundred dollars shall be | 19289 |
| charged for each application that is received after the thirtieth | 19290 |
| day of November each year. | 19291 |
| (D) On receipt of an application and fee, under this section, | 19292 |
| the department shall inspect the means of conveyance and premises | 19293 |
| that the applicant proposes to use to dispose of, collect, pick | 19294 |
| up, or render raw rendering material or to transport it to a | 19295 |
| composting facility for profit. | 19296 |
| (E) If the department finds that the applicant's means of | 19297 |
| conveyance, premises, and operation meet the requirements of this | 19298 |
| chapter and rules adopted thereunder, the department shall issue a | 19299 |
| license to the applicant to dispose of, pick up, render, or | 19300 |
| collect for profit raw rendering material or to transport it to a | 19301 |
| composting facility for profit. | 19302 |
| (F) Each license issued under this section shall expire on | 19303 |
| the thirty-first day of December of each year. Each person | 19304 |
| licensed under this section shall make application for renewal of | 19305 |
| 19306 | |
| November of each year. | 19307 |
| (G) Application for renewal shall be in accordance with the | 19308 |
| requirements of this section for initial application for a license | 19309 |
| and the standard renewal procedure of sections 4745.01 to 4745.03 | 19310 |
| of the Revised Code. | 19311 |
| (H) All money collected under this section shall be credited | 19312 |
| to the animal and consumer analytical laboratory fund created in | 19313 |
| section 901.43 of the Revised Code. | 19314 |
| Sec. 955.201. (A) As used in this section and in section | 19315 |
| 955.202 of the Revised Code, "Ohio pet fund" means a nonprofit | 19316 |
| corporation organized by that name under Chapter 1702. of the | 19317 |
| Revised Code that consists of humane societies, veterinarians, | 19318 |
|
animal
shelters, companion animal breeders, dog wardens, | 19319 |
| similar individuals and entities. | 19320 |
| (B) The Ohio pet fund shall do all of the following: | 19321 |
| (1) Establish eligibility criteria for organizations that may | 19322 |
| receive financial assistance from the pets program funding board | 19323 |
| created in section 955.202 of the Revised Code. Those | 19324 |
| organizations may include any of the following: | 19325 |
| (a) An animal shelter as defined in section 4729.01 of the | 19326 |
| Revised Code; | 19327 |
| (b) A local nonprofit veterinary association that operates a | 19328 |
| program for the sterilization of dogs and cats; | 19329 |
| (c) A charitable organization that is exempt from federal | 19330 |
| income taxation under subsection 501(c)(3) of the Internal Revenue | 19331 |
|
Code and | 19332 |
| the sterilization of dogs and cats and educational programs | 19333 |
| concerning the proper veterinary care of those animals. | 19334 |
| (2) Establish procedures for applying for financial | 19335 |
| assistance from the pets program funding board. Application | 19336 |
| procedures shall require eligible organizations to submit detailed | 19337 |
| proposals that outline the intended uses of the moneys sought. | 19338 |
| (3) Establish eligibility criteria for sterilization and | 19339 |
| educational programs for which moneys from the pets program | 19340 |
| funding board may be used and, consistent with division (C) of | 19341 |
| this section, establish eligibility criteria for individuals who | 19342 |
| seek sterilization for their dogs and cats from eligible | 19343 |
| organizations; | 19344 |
| (4) Establish procedures for the disbursement of moneys the | 19345 |
| pets program funding board receives from license plate | 19346 |
| contributions pursuant to division (C) of section 4503.551 of the | 19347 |
| Revised Code; | 19348 |
| (5) Advertise or otherwise provide notification of the | 19349 |
| availability of financial assistance from the pets program funding | 19350 |
| board for eligible organizations; | 19351 |
| (6) Design markings to be inscribed on "pets" license plates | 19352 |
| under section 4503.551 of the Revised Code. | 19353 |
| (C)(1) The owner of a dog or cat is eligible for dog or cat | 19354 |
| sterilization services from an eligible organization when those | 19355 |
| services are subsidized in whole or in part by money from the pets | 19356 |
| program funding board if any of the following applies: | 19357 |
| (a) The income of the owner's family does not exceed one | 19358 |
| hundred fifty per cent of the federal poverty guideline. | 19359 |
| (b) The owner, or any member of the owner's family who | 19360 |
| resides with the owner, is a recipient or beneficiary of one of | 19361 |
| the following government assistance programs: | 19362 |
| (i) Low-income housing assistance under the "United States | 19363 |
| Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the | 19364 |
| federal section 8 housing program; | 19365 |
| (ii) The Ohio works first program established by Chapter | 19366 |
| 5107. of the Revised Code; | 19367 |
| (iii) Title XIX of the "Social Security Act," 49 Stat. 620 | 19368 |
| (1935), 42 U.S.C.A. 301, as amended, known as the medical | 19369 |
| assistance program or medicaid, provided by the department of job | 19370 |
| and family services under Chapter 5111. of the Revised Code; | 19371 |
| (iv) A program or law administered by the United States | 19372 |
| department of veterans' affairs or veterans' administration for | 19373 |
| any service-connected disability; | 19374 |
| (v) The | 19375 |
|
established under the | 19376 |
| 19377 | |
| administered by the department of job and family services under | 19378 |
| section 5101.54 of the Revised Code; | 19379 |
| (vi) The "special supplemental nutrition program for women, | 19380 |
| infants, and children" established under the "Child Nutrition Act | 19381 |
| of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered | 19382 |
| by the department of health under section 3701.132 of the Revised | 19383 |
| Code; | 19384 |
| (vii) Supplemental security income under Title XVI of the | 19385 |
| "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as | 19386 |
| amended; | 19387 |
| (viii) Social security disability insurance benefits provided | 19388 |
| under Title II of the "Social Security Act," 49 Stat. 620 (1935), | 19389 |
| 42 U.S.C.A. 401, as amended. | 19390 |
| (c) The owner of the dog or cat submits to the eligible | 19391 |
| organization operating the sterilization program either of the | 19392 |
| following: | 19393 |
| (i) A certificate of adoption showing that the dog or cat was | 19394 |
| adopted from a licensed animal shelter, a municipal, county, or | 19395 |
| regional pound, or a holding and impoundment facility that | 19396 |
| contracts with a municipal corporation; | 19397 |
| (ii) A certificate of adoption showing that the dog or cat | 19398 |
| was adopted through a nonprofit corporation operating an animal | 19399 |
| adoption referral service whose holding facility, if any, is | 19400 |
| licensed in accordance with state law or a municipal ordinance. | 19401 |
| (2) The Ohio pet fund shall determine the type of documentary | 19402 |
| evidence that must be presented by the owner of a dog or cat to | 19403 |
| show that the income of the owner's family does not exceed one | 19404 |
| hundred fifty per cent of the federal poverty guideline or that | 19405 |
| the owner is eligible under division (C)(1)(b) of this section. | 19406 |
| (D) As used in division (C) of this section, "federal poverty | 19407 |
| guideline" means the official poverty guideline as revised | 19408 |
| annually by the United States department of health and human | 19409 |
| services in accordance with section 673(2) of the "Omnibus Budget | 19410 |
| Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as | 19411 |
| amended, for a family size equal to the size of the family of the | 19412 |
| person whose income is being determined. | 19413 |
| Sec. 1321.20. (A) Every person licensed or registered under | 19414 |
| this chapter shall pay to the superintendent of financial | 19415 |
| institutions, prior to the last day of June, an annual license or | 19416 |
| certificate of registration fee. On or about the fifteenth day of | 19417 |
| April of each year, the superintendent shall determine the license | 19418 |
| or certificate fees to be charged, pursuant to sections 1321.03, | 19419 |
|
1321.05, | 19420 |
| determination shall be made by dividing the appropriation for the | 19421 |
| consumer finance section of the division of financial institutions | 19422 |
| for the current fiscal year by the number of licenses and | 19423 |
| certificates issued as of the date of the computation. In no event | 19424 |
| shall the amount of the fee exceed three hundred dollars, except | 19425 |
| that the maximum fee which may be charged insurance premium | 19426 |
| finance companies licensed under section 1321.73 of the Revised | 19427 |
| Code shall not exceed three hundred seventy-five dollars. Prior to | 19428 |
| the first day of June of each year, the superintendent shall | 19429 |
| inform each person licensed or registered under this chapter of | 19430 |
| the amount of the license or certificate fee for the succeeding | 19431 |
| fiscal year as determined by this section. | 19432 |
| (B)(1) Each person licensed under Chapter 4727. of the | 19433 |
| Revised Code who is subject to annual license renewal under | 19434 |
| division (E)(1) of section 4727.03 of the Revised Code shall, | 19435 |
| prior to the last day of June, pay to the superintendent a fee | 19436 |
| equal to twice the amount of the fee determined by the | 19437 |
| superintendent pursuant to division (A) of this section. However, | 19438 |
| in no event shall the amount of the fee exceed three hundred | 19439 |
| dollars. | 19440 |
| (2) Each person licensed under Chapter 4727. of the Revised | 19441 |
| Code who is subject to biennial license renewal under division | 19442 |
| (E)(2) of section 4727.03 of the Revised Code shall, prior to the | 19443 |
| date the license expires, pay to the superintendent a fee equal to | 19444 |
| four times the amount of the fee determined by the superintendent | 19445 |
| pursuant to division (A) of this section. However, in no event | 19446 |
| shall the amount of the fee exceed six hundred dollars. | 19447 |
| (C) The fee for a license or certificate issued pursuant to | 19448 |
| Chapter 1321., 4727., or 4728. of the Revised Code after the first | 19449 |
| day of January of the year the license or certificate expires | 19450 |
| shall be equal to one-half the amount determined according to | 19451 |
| divisions (A) and (B) of this section or in accordance with | 19452 |
| section 4728.03 of the Revised Code. | 19453 |
| (D) If the renewal fees billed by the superintendent pursuant | 19454 |
| to divisions (A) and (B) of this section are less than the | 19455 |
| estimated expenditures of the consumer finance section of the | 19456 |
| division of financial institutions, as determined by the | 19457 |
| superintendent, for the following fiscal year, the superintendent | 19458 |
|
may assess
each person licensed pursuant to section 1321.04 | 19459 |
| 19460 | |
| rate sufficient to equal in the aggregate the difference between | 19461 |
| the renewal fees billed and the estimated expenditures. Each | 19462 |
| person shall pay the assessed amount to the superintendent prior | 19463 |
| to the last day of June. In no case shall the assessment exceed | 19464 |
| ten cents per each one hundred dollars of interest (excluding | 19465 |
| charge-off recoveries), points, loan origination charges, and | 19466 |
| credit line charges collected by that person during the previous | 19467 |
| calendar year. If an assessment is imposed under this division, it | 19468 |
| shall not be less than two hundred fifty dollars per licensee or | 19469 |
| registrant and shall not exceed thirty thousand dollars less the | 19470 |
| total renewal fees paid pursuant to division (A) of this section | 19471 |
| by each licensee or registrant. | 19472 |
| Sec. 1321.51. As used in sections 1321.51 to 1321.60 of the | 19473 |
| Revised Code: | 19474 |
| (A) "Person" means an individual, partnership, association, | 19475 |
| trust, corporation, or any other legal entity. | 19476 |
| (B) "Certificate" means a certificate of registration issued | 19477 |
| under sections 1321.51 to 1321.60 of the Revised Code. | 19478 |
| (C) "Registrant" means a person to whom one or more | 19479 |
| certificates of registration have been issued under sections | 19480 |
| 1321.51 to 1321.60 of the Revised Code. | 19481 |
| (D) "Principal amount" means the amount of cash paid to, or | 19482 |
| paid or payable for the account of, the borrower, and includes any | 19483 |
| charge, fee, or expense that is financed by the borrower at | 19484 |
| origination of the loan or during the term of the loan. | 19485 |
| (E) "Interest" means all charges payable directly or | 19486 |
| indirectly by a borrower to a registrant as a condition to a loan | 19487 |
| or an application for a loan, however denominated, but does not | 19488 |
| include default charges, deferment charges, insurance charges or | 19489 |
| premiums, court costs, loan origination charges, check collection | 19490 |
| charges, credit line charges, points, prepayment penalties, or | 19491 |
| other fees and charges specifically authorized by law. | 19492 |
| (F) "Interest-bearing loan" means a loan in which the debt is | 19493 |
| expressed as the principal amount and interest is computed, | 19494 |
| charged, and collected on unpaid principal balances outstanding | 19495 |
| from time to time. | 19496 |
| (G) "Precomputed loan" means a loan in which the debt is a | 19497 |
| sum comprising the principal amount and the amount of interest | 19498 |
| computed in advance on the assumption that all scheduled payments | 19499 |
| will be made when due. | 19500 |
| (H) "Actuarial method" means the method of allocating | 19501 |
| payments made on a loan between the principal amount and interest | 19502 |
| whereby a payment is applied first to the accumulated interest and | 19503 |
| the remainder to the unpaid principal amount. | 19504 |
| (I) "Applicable charge" means the amount of interest | 19505 |
| attributable to each monthly installment period of the loan | 19506 |
| contract. The applicable charge is computed as if each installment | 19507 |
| period were one month and any charge for extending the first | 19508 |
| installment period beyond one month is ignored. In the case of | 19509 |
| loans originally scheduled to be repaid in sixty-one months or | 19510 |
| less, the applicable charge for any installment period is that | 19511 |
| proportion of the total interest contracted for, as the balance | 19512 |
| scheduled to be outstanding during that period bears to the sum of | 19513 |
| all of the periodic balances, all determined according to the | 19514 |
| payment schedule originally contracted for. In all other cases, | 19515 |
| the applicable charge for any installment period is that which | 19516 |
| would have been made for such period had the loan been made on an | 19517 |
| interest-bearing basis, based upon the assumption that all | 19518 |
| payments were made according to schedule. | 19519 |
| (J) "Broker" means a person who acts as an intermediary or | 19520 |
| agent in finding, arranging, or negotiating loans, other than | 19521 |
| residential mortgage loans, and charges or receives a fee for | 19522 |
| these services. | 19523 |
| (K) "Annual percentage rate" means the ratio of the interest | 19524 |
| on a loan to the unpaid principal balances on the loan for any | 19525 |
| period of time, expressed on an annual basis. | 19526 |
| (L) "Point" means a charge equal to one per cent of either of | 19527 |
| the following: | 19528 |
| (1) The principal amount of a precomputed loan or | 19529 |
| interest-bearing loan; | 19530 |
| (2) The original credit line of an open-end loan. | 19531 |
| (M) "Prepayment penalty" means a charge for prepayment of a | 19532 |
| loan at any time prior to five years from the date the loan | 19533 |
| contract is executed. | 19534 |
| (N) "Refinancing" means a loan the proceeds of which are used | 19535 |
| in whole or in part to pay the unpaid balance of a prior loan made | 19536 |
| by the same registrant to the same borrower under sections 1321.51 | 19537 |
| to 1321.60 of the Revised Code. | 19538 |
| (O) "Superintendent of financial institutions" includes the | 19539 |
| deputy superintendent for consumer finance as provided in section | 19540 |
| 1181.21 of the Revised Code. | 19541 |
| (P)(1) "Mortgage loan originator" means an individual who for | 19542 |
| compensation or gain, or in anticipation of compensation or gain, | 19543 |
| does any of the following: | 19544 |
| (a) Takes or offers to take a residential mortgage loan | 19545 |
| application; | 19546 |
| (b) Assists or offers to assist a borrower in obtaining or | 19547 |
| applying to obtain a residential mortgage loan by, among other | 19548 |
| things, advising on loan terms, including rates, fees, and other | 19549 |
| costs; | 19550 |
| (c) Offers or negotiates terms of a residential mortgage | 19551 |
| loan; | 19552 |
| (d) Issues or offers to issue a commitment for a residential | 19553 |
| mortgage loan to a borrower. | 19554 |
| (2) "Mortgage loan originator" does not include any of the | 19555 |
| following: | 19556 |
| (a) An individual who performs purely administrative or | 19557 |
| clerical tasks on behalf of a mortgage loan originator; | 19558 |
| (b) A person licensed pursuant to Chapter 4735. of the | 19559 |
| Revised Code, or under the similar law of another state, who | 19560 |
| performs only real estate brokerage activities permitted by that | 19561 |
| license, provided the person is not compensated by a mortgage | 19562 |
| lender, mortgage broker, mortgage loan originator, or by any agent | 19563 |
| thereof; | 19564 |
| (c) A person solely involved in extensions of credit relating | 19565 |
| to timeshare plans, as that term is defined in 11 U.S.C. 101, in | 19566 |
| effect on January 1, 2008; | 19567 |
| (d) A person acting solely as a loan processor or | 19568 |
| underwriter, who does not represent to the public, through | 19569 |
| advertising or other means of communicating, including the use of | 19570 |
| business cards, stationery, brochures, signs, rate lists, or other | 19571 |
| promotional items, that the person can or will perform any of the | 19572 |
| activities of a mortgage loan originator; | 19573 |
| (e) A loan originator licensed under sections 1322.01 to | 19574 |
| 1322.12 of the Revised Code, when acting solely under that | 19575 |
| authority; | 19576 |
| (f) A licensed attorney who negotiates the terms of a | 19577 |
| residential mortgage loan on behalf of a client as an ancillary | 19578 |
| matter to the attorney's representation of the client, unless the | 19579 |
| attorney is compensated by a lender, a mortgage broker, or another | 19580 |
| mortgage loan originator, or by any agent thereof; | 19581 |
| (g) Any person engaged in the retail sale of manufactured or | 19582 |
| mobile homes if, in connection with financing those retail sales, | 19583 |
| the person only assists the borrower by providing or transmitting | 19584 |
| the loan application and does not do any of the following: | 19585 |
| (i) Offer or negotiate the residential mortgage loan rates or | 19586 |
| terms; | 19587 |
| (ii) Provide any counseling with borrowers about residential | 19588 |
| mortgage loan rates or terms; | 19589 |
| (iii) Receive any payment or fee from any company or | 19590 |
| individual for assisting the borrower obtain or apply for | 19591 |
| financing to purchase the manufactured or mobile home; | 19592 |
| (iv) Assist the borrower in completing the residential | 19593 |
| mortgage loan application. | 19594 |
| (3) An individual acting exclusively as a servicer engaging | 19595 |
| in loss mitigation efforts with respect to existing mortgage | 19596 |
| transactions shall not be considered a mortgage loan originator | 19597 |
| for purposes of sections 1321.51 to 1321.60 of the Revised Code | 19598 |
| until July 1, 2011, if such delay is approved by the United States | 19599 |
| department of housing and urban development. | 19600 |
| (Q) "Residential mortgage loan" means any loan primarily for | 19601 |
| personal, family, or household use that is secured by a mortgage | 19602 |
| on a dwelling or on residential real estate upon which is | 19603 |
| constructed or intended to be constructed a dwelling. For purposes | 19604 |
| of this division, "dwelling" has the same meaning as in the "Truth | 19605 |
| in Lending Act," 82 Stat. 146, 15 U.S.C. 1602. | 19606 |
| (R) "Nationwide mortgage licensing system and registry" means | 19607 |
| a mortgage licensing system developed and maintained by the | 19608 |
| conference of state bank supervisors and the American association | 19609 |
| of residential mortgage regulators, or their successor entities, | 19610 |
| for the licensing and registration of mortgage loan originators, | 19611 |
| or any system established by the secretary of housing and urban | 19612 |
| development pursuant to the "Secure and Fair Enforcement for | 19613 |
| Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101. | 19614 |
| (S) "Registered mortgage loan originator" means an individual | 19615 |
| to whom both of the following apply: | 19616 |
| (1) The individual is a mortgage loan originator and an | 19617 |
| employee of a depository institution, a subsidiary that is owned | 19618 |
| and controlled by a depository institution and regulated by a | 19619 |
| federal banking agency, or an institution regulated by the farm | 19620 |
| credit administration. | 19621 |
| (2) The individual is registered with, and maintains a unique | 19622 |
| identifier through, the nationwide mortgage licensing system and | 19623 |
| registry. | 19624 |
| (T) "Administrative or clerical tasks" means the receipt, | 19625 |
| collection, and distribution of information common for the | 19626 |
| processing or underwriting of a loan in the mortgage industry, and | 19627 |
| communication with a consumer to obtain information necessary for | 19628 |
| the processing or underwriting of a residential mortgage loan. | 19629 |
| (U) "Federal banking agency" means the board of governors of | 19630 |
| the federal reserve system, the comptroller of the currency, the | 19631 |
| director of the office of thrift supervision, the national credit | 19632 |
| union administration, and the federal deposit insurance | 19633 |
| corporation. | 19634 |
| (V) "Loan processor or underwriter" means an individual who | 19635 |
| performs clerical or support duties at the direction of and | 19636 |
| subject to the supervision and instruction of a mortgage loan | 19637 |
| originator or registered mortgage loan originator. For purposes of | 19638 |
| this division, "clerical or support duties" includes the following | 19639 |
| activities: | 19640 |
| (1) The receipt, collection, distribution, and analysis of | 19641 |
| information common for the processing or underwriting of a | 19642 |
| residential mortgage loan; | 19643 |
| (2) Communicating with a borrower to obtain the information | 19644 |
| necessary for the processing or underwriting of a loan, to the | 19645 |
| extent the communication does not include offering or negotiating | 19646 |
| loan rates or terms or counseling borrowers about residential | 19647 |
| mortgage loan rates or terms. | 19648 |
| (W) "Real estate brokerage activity" means any activity that | 19649 |
| involves offering or providing real estate brokerage services to | 19650 |
| the public, including all of the following: | 19651 |
| (1) Acting as a real estate agent or real estate broker for a | 19652 |
| buyer, seller, lessor, or lessee of real property; | 19653 |
| (2) Bringing together parties interested in the sale, | 19654 |
| purchase, lease, rental, or exchange of real property; | 19655 |
| (3) Negotiating, on behalf of any party, any portion of a | 19656 |
| contract relating to the sale, purchase, lease, rental, or | 19657 |
| exchange of real property, other than in connection with providing | 19658 |
| financing for any such transaction; | 19659 |
| (4) Engaging in any activity for which a person engaged in | 19660 |
| that activity is required to be registered or licensed as a real | 19661 |
| estate agent or real estate broker under any applicable law; | 19662 |
| (5) Offering to engage in any activity, or to act in any | 19663 |
| capacity, described in division (W) of this section. | 19664 |
| (X) "Licensee" means any person that has been issued a | 19665 |
| mortgage loan originator license under sections 1321.51 to 1321.60 | 19666 |
| of the Revised Code. | 19667 |
| (Y) "Unique identifier" means a number or other identifier | 19668 |
| that permanently identifies a mortgage loan originator and is | 19669 |
| assigned by protocols established by the nationwide mortgage | 19670 |
| licensing system and registry or federal banking agencies to | 19671 |
| facilitate electronic tracking of mortgage loan originators and | 19672 |
| uniform identification of, and public access to, the employment | 19673 |
| history of and the publicly adjudicated disciplinary and | 19674 |
| enforcement actions against mortgage loan originators. | 19675 |
| (Z) "State" in the context of referring to states in addition | 19676 |
| to Ohio means any state of the United States, the district of | 19677 |
| Columbia, any territory of the United States, Puerto Rico, Guam, | 19678 |
| American Samoa, the trust territory of the Pacific islands, the | 19679 |
| virgin islands, and the northern Mariana islands. | 19680 |
| (AA) "Depository institution" has the same meaning as in | 19681 |
| section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 | 19682 |
| U.S.C. 1813, and includes any credit union doing business under | 19683 |
| authority granted by the superintendent of financial institutions, | 19684 |
| the national credit union administration, or the credit union | 19685 |
| regulatory authority of any other state of the United States. | 19686 |
| (BB) "Bona fide third party" means a person that is not an | 19687 |
| employee of, related to, or affiliated with, the registrant, and | 19688 |
| that is not used for the purpose of circumvention or evasion of | 19689 |
| sections 1321.51 to 1321.60 of the Revised Code. | 19690 |
| (CC) "Nontraditional mortgage product" means any mortgage | 19691 |
| product other than a thirty-year fixed rate mortgage. | 19692 |
| (DD) "Employee" means an individual for whom a registrant or | 19693 |
| applicant, in addition to providing a wage or salary, pays social | 19694 |
| security and unemployment taxes, provides workers' compensation | 19695 |
| coverage, and withholds local, state, and federal income taxes. | 19696 |
| "Employee" also includes any individual who acts as a mortgage | 19697 |
| loan originator or operations manager of the registrant, but for | 19698 |
| whom the registrant is prevented by law from making income tax | 19699 |
| withholdings. | 19700 |
| (EE) "Operations manager" means the employee or owner | 19701 |
| responsible for the everyday operations, compliance requirements, | 19702 |
| and management of a registrant or applicant that makes or proposes | 19703 |
| to make loans secured by an interest in real estate. | 19704 |
| (FF) "Consumer reporting agency" has the same meaning as in | 19705 |
| the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, | 19706 |
| as amended. | 19707 |
| (GG) "Mortgage broker" has the same meaning as in section | 19708 |
| 1322.01 of the Revised Code. | 19709 |
| Sec. 1321.52. (A)(1) No person, on that person's own behalf | 19710 |
|
or
on behalf of any other person, shall do | 19711 |
| following without having first obtained a certificate of | 19712 |
| registration from the division of financial institutions: | 19713 |
| (a) Advertise, solicit, or hold out that the person is | 19714 |
| engaged in the business of making residential mortgage loans | 19715 |
| secured by a mortgage on a borrower's real estate which is other | 19716 |
| than a first lien on the real estate; | 19717 |
| (b) Engage in the business of lending or collecting the | 19718 |
| person's own or another person's money, credit, or choses in | 19719 |
|
action
for | 19720 |
| (c) Employ or compensate mortgage loan originators licensed | 19721 |
| or who should be licensed under sections 1321.51 to 1321.60 of the | 19722 |
| Revised Code to conduct the business of making residential | 19723 |
| mortgage loans; | 19724 |
| (d) Make loans in this state of the type set forth in | 19725 |
| division (C) of this section that are unsecured or are secured by | 19726 |
| other than real property, which loans are for more than five | 19727 |
| thousand dollars at a rate of interest greater than permitted by | 19728 |
| section 1343.01 or other specific provisions of the Revised Code. | 19729 |
| (2) Each person issued a certificate of registration is | 19730 |
| subject to all the rules prescribed under sections 1321.51 to | 19731 |
| 1321.60 of the Revised Code. | 19732 |
| (B)(1) All loans made to persons who at the time are | 19733 |
| residents of this state are considered as made within this state | 19734 |
| and subject to the laws of this state, regardless of any statement | 19735 |
| in the contract or note to the contrary,except as follows: | 19736 |
| (a) If the loan is primarily secured by a lien on real | 19737 |
| property in another state and is arranged by a mortgage loan | 19738 |
| originator licensed by that state, the borrower may by choice of | 19739 |
| law designate that the transaction be governed by the law where | 19740 |
| the real property is located if the other state has consumer | 19741 |
| protection laws covering the borrower that are applicable to the | 19742 |
| transaction. | 19743 |
| (b) If the loan is for the purpose of purchasing goods | 19744 |
| acquired by the borrower when the borrower is outside of this | 19745 |
| state, the loan may be governed by the laws of the other state. | 19746 |
| (2) Nothing in division (B)(1) of this section prevents a | 19747 |
| choice of law or requires registration or licensure of persons | 19748 |
| outside of this state in a transaction involving the solicitation | 19749 |
| of residents of this state to obtain non-real estate secured loans | 19750 |
| that require the borrowers to physically visit a lender's | 19751 |
| out-of-state office to apply for and obtain the disbursement of | 19752 |
| loan funds. | 19753 |
| (C) A registrant may make unsecured loans, loans secured by a | 19754 |
| mortgage on a borrower's real estate which is a first lien or | 19755 |
| other than a first lien on the real estate, loans secured by other | 19756 |
| than real estate, and loans secured by any combination of | 19757 |
| mortgages and security interests, on terms and conditions provided | 19758 |
| by sections 1321.51 to 1321.60 of the Revised Code. | 19759 |
| (D)(1) If a lender that is subject to sections 1321.51 to | 19760 |
| 1321.60 of the Revised Code makes a loan in violation of division | 19761 |
| (A)(1) of this section, the lender has no right to collect, | 19762 |
| receive, or retain any interest or charges on that loan. | 19763 |
| (2) If a registrant applies to the division for a renewal of | 19764 |
| the registrant's certificate after the date required by division | 19765 |
| 19766 | |
|
the first day of
| 19767 |
| approves the application, division (D)(1) of this section does not | 19768 |
| apply with respect to any loan made by the registrant while the | 19769 |
| registrant's certificate was expired. | 19770 |
| (3) If a person's registration under sections 1321.51 to | 19771 |
| 1321.60 of the Revised Code terminates due to nonrenewal or | 19772 |
| otherwise but the person continues to engage in the business of | 19773 |
| collecting or servicing non-first lien residential mortgage loans | 19774 |
| in violation of division (A)(1) of this section, the | 19775 |
| superintendent of financial institutions may take administrative | 19776 |
| action, including action on any subsequent application for a | 19777 |
| certificate of registration. In addition, no late fee, bad check | 19778 |
| charge except as incurred, charge related to default or cost to | 19779 |
| realize on its security interest, or prepayment penalty on | 19780 |
| non-first lien residential mortgage loans shall be collected or | 19781 |
| retained by a person who is in violation of division (A)(1)(b) of | 19782 |
| this section. Nothing in division (D)(3) of this section prevents | 19783 |
| or otherwise precludes any other actions or penalties provided by | 19784 |
| law or modifies a defense of holder in due course that a | 19785 |
| subsequent purchaser servicing the residential mortgage loan may | 19786 |
| raise. | 19787 |
| (E)(1) No individual shall engage in the business of a | 19788 |
| mortgage loan originator without first obtaining and maintaining | 19789 |
| annually a license pursuant to section 1321.532 of the Revised | 19790 |
| Code from the division of financial institutions. A mortgage loan | 19791 |
| originator shall be employed or associated with a registrant or | 19792 |
| exempt entity, but shall not be employed by or associated with | 19793 |
| more than one registrant or exempt entity at any one time. | 19794 |
| (2) An individual acting under the individual's authority as | 19795 |
| a registered mortgage loan originator shall not be required to be | 19796 |
| licensed under division (E)(1) of this section. | 19797 |
| (F)(1) Each licensee shall register with, and maintain a | 19798 |
| valid unique identifier issued by, the nationwide mortgage | 19799 |
| licensing system and registry. | 19800 |
| (2) No person shall use a licensee's unique identifier for | 19801 |
| any purpose other than as set forth in the "Secure and Fair | 19802 |
| Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810, | 19803 |
| 12 U.S.C. 5101. | 19804 |
| (G)(1) If a person that is subject to sections 1321.51 to | 19805 |
| 1321.60 of the Revised Code makes a loan in violation of division | 19806 |
| (A)(1)(d) of this section and subsequently sells or assigns that | 19807 |
| loan, the person is liable to the borrower for any interest paid | 19808 |
| on that loan to the holder or assignee in excess of the rate that | 19809 |
| would be applicable in the absence of sections 1321.51 to 1321.60 | 19810 |
| of the Revised Code, in addition to any interest or charges paid | 19811 |
| on that loan to the unauthorized lender as provided by division | 19812 |
| (D)(1) of this section. | 19813 |
| (2) If a person that is subject to sections 1321.51 to | 19814 |
| 1321.60 of the Revised Code makes a residential mortgage loan in | 19815 |
| violation of division (A)(1)(b) or (c) of this section and | 19816 |
| subsequently sells or assigns that loan, the lender is liable to | 19817 |
| the borrower for any interest paid on that loan to the holder or | 19818 |
| assignee in excess of the rate set forth in division (B)(4) of | 19819 |
| section 1343.01 of the Revised Code, in addition to any interest | 19820 |
| or charges paid on that loan to the unauthorized lender as | 19821 |
| provided by division (D)(1) of this section. | 19822 |
| Sec. 1321.521. The superintendent of financial institutions | 19823 |
| may, by rule, expand the definition of mortgage loan originator in | 19824 |
| section 1321.51 of the Revised Code by adding individuals or may | 19825 |
| exempt additional individuals or persons from that definition, if | 19826 |
| the superintendent finds that the addition or exemption is | 19827 |
| consistent with the purposes fairly intended by the policy and | 19828 |
| provisions of sections 1321.51 to 1321.60 of the Revised Code and | 19829 |
| the "Secure and Fair Enforcement for Mortgage Licensing Act of | 19830 |
| 2008," 122 Stat. 2810, 12 U.S.C. 5101. | 19831 |
| Rules authorized by this section shall be adopted in | 19832 |
| accordance with Chapter 119. of the Revised Code. | 19833 |
| Sec. 1321.53. (A)(1) An application for a certificate of | 19834 |
| registration under sections 1321.51 to 1321.60 of the Revised Code | 19835 |
| shall contain an undertaking by the applicant to abide by those | 19836 |
| sections. The application shall be in writing, under oath, and in | 19837 |
| the form prescribed by the division of financial institutions, | 19838 |
| 19839 | |
| 19840 | |
| 19841 | |
| that the division may require. Applicants that are foreign | 19842 |
| corporations shall obtain and maintain a license pursuant to | 19843 |
| Chapter 1703. of the Revised Code before a certificate is issued | 19844 |
| or renewed. | 19845 |
| (2) Upon the filing of the application and the payment by the | 19846 |
|
applicant of a nonrefundable two hundred | 19847 |
|
investigation fee | 19848 |
|
annual registration fee | 19849 |
| 19850 | |
| 19851 | |
| licensing system and registry, the division shall investigate the | 19852 |
| relevant facts. If the application involves investigation outside | 19853 |
| this state, the applicant may be required by the division to | 19854 |
| advance sufficient funds to pay any of the actual expenses of such | 19855 |
| investigation, when it appears that these expenses will exceed two | 19856 |
| hundred dollars. An itemized statement of any of these expenses | 19857 |
| which the applicant is required to pay shall be furnished to the | 19858 |
| applicant by the division. No certificate shall be issued unless | 19859 |
| all the required fees
have been submitted to the division | 19860 |
| 19861 | |
| 19862 |
| (3) All applicants making loans secured by an interest in | 19863 |
| real estate shall designate an employee or owner of the applicant | 19864 |
| as the applicant's operations manager. While acting as the | 19865 |
| operations manager, the employee or owner shall not be employed by | 19866 |
| any other registrant or mortgage broker. Each registrant making | 19867 |
| residential mortgage loans secured by an interest in real estate | 19868 |
| shall have a designated operations manager who has at least three | 19869 |
| years of experience in the mortgage or lending field acceptable to | 19870 |
| the superintendent, and is a licensed mortgage loan originator. | 19871 |
| (4) The investigation undertaken upon application shall | 19872 |
| include both a civil and criminal records check of the applicant | 19873 |
| including any individual whose identity is required to be | 19874 |
| disclosed in the application. Where the applicant is a business | 19875 |
| entity the superintendent shall have the authority to require a | 19876 |
| civil and criminal background check of those persons that in the | 19877 |
| determination of the superintendent have the authority to direct | 19878 |
| and control the operations of the applicant. | 19879 |
| (5)(a) Notwithstanding division (K) of section 121.08 of the | 19880 |
| Revised Code, the superintendent of financial institutions shall | 19881 |
| obtain a criminal history records check and, as part of that | 19882 |
| records check, request that criminal record information from the | 19883 |
| federal bureau of investigation be obtained. To fulfill this | 19884 |
| requirement, the superintendent shall do either of the following: | 19885 |
| (i) Request the superintendent of the bureau of criminal | 19886 |
| identification and investigation, or a vendor approved by the | 19887 |
| bureau, to conduct a criminal records check based on the | 19888 |
| applicant's fingerprints or, if the fingerprints are unreadable, | 19889 |
| based on the applicant's social security number, in accordance | 19890 |
| with division (A)(12) of section 109.572 of the Revised Code; | 19891 |
| (ii) Authorize the nationwide mortgage licensing system and | 19892 |
| registry to request a criminal history background check as set | 19893 |
| forth in division (C) of section 1321.531 of the Revised Code. | 19894 |
| (b) Any fee required under division (C)(3) of section 109.572 | 19895 |
| of the Revised Code or by the nationwide mortgage licensing system | 19896 |
| and registry shall be paid by the applicant. | 19897 |
| (6) If an application for a certificate of registration does | 19898 |
|
not contain all of the
information required under division
(A) | 19899 |
| of this section, and if such information is not submitted to the | 19900 |
|
division within ninety
days after the | 19901 |
| superintendent requests the information in writing, the | 19902 |
|
superintendent may
consider the application withdrawn | 19903 |
| 19904 |
| | 19905 |
| responsibility, experience, character, and general fitness of the | 19906 |
|
applicant | 19907 |
| 19908 | |
|
and fairly
in compliance with | 19909 |
| 1321.51 to 1321.60 of the Revised Code and the rules adopted | 19910 |
| thereunder, and that the applicant has the requisite bond or | 19911 |
| applicable net worth and assets required by division (B) of this | 19912 |
| section, the division shall thereupon issue a certificate of | 19913 |
|
registration to the applicant. The
| 19914 |
| shall not use a credit score as the sole basis for a registration | 19915 |
| denial. | 19916 |
| (a) Certificates of registration issued on or after July 1, | 19917 |
|
2009, shall annually expire on the
| 19918 |
| 19919 | |
| 19920 | |
|
renewal application and payment of an
annual fee, | 19921 |
|
assessment | 19922 |
| section 1321.20 of the Revised Code, and any additional fee | 19923 |
| required by the nationwide mortgage licensing system and registry, | 19924 |
|
on or before the last day of
| 19925 |
| fee or assessment shall be required of a registrant by the state | 19926 |
|
or any political subdivision of | 19927 |
| (b) Registrants shall timely file renewal applications on | 19928 |
| forms prescribed by the division of financial institutions and | 19929 |
| provide any further information that the division may require. | 19930 |
| (c) As a condition of renewal, registrants shall provide | 19931 |
| proof that the designated operations manager successfully | 19932 |
| completed the testing required under section 1321.535 of the | 19933 |
| Revised Code and the continuing education requirements set forth | 19934 |
| in section 1321.536 of the Revised Code. | 19935 |
| (d) Renewal shall not be granted if the applicant's | 19936 |
| certificate of registration is subject to an order of suspension, | 19937 |
| revocation, or an unpaid and past due fine imposed by the | 19938 |
| superintendent. | 19939 |
| (e) If the division | 19940 |
|
not meet the conditions set forth in this section, it shall
| 19941 |
| 19942 | |
| and forthwith notify the applicant of the denial, the grounds for | 19943 |
| the denial, and the applicant's reasonable opportunity to be heard | 19944 |
| on the action in accordance with Chapter 119. of the Revised Code. | 19945 |
| 19946 | |
| 19947 |
| | 19948 |
| the ownership of a registrant, the division may make any | 19949 |
| investigation necessary to determine whether any fact or condition | 19950 |
| exists that, if it had existed at the time of the original | 19951 |
| application for a certificate of registration, the fact or | 19952 |
| condition would have warranted the division to deny the | 19953 |
|
application under division (A) | 19954 |
| fact or condition is found, the division may, in accordance with | 19955 |
| Chapter 119. of the Revised Code, revoke the registrant's | 19956 |
| certificate. | 19957 |
| (B) Each registrant that engages in lending under sections | 19958 |
| 1321.51 to 1321.60 of the Revised Code shall, if not bonded | 19959 |
| pursuant to section 1321.533 of the Revised Code, maintain both of | 19960 |
| the following: | 19961 |
| (1) A net worth of at least fifty thousand dollars; | 19962 |
| (2) For each certificate of registration, assets of at least | 19963 |
| fifty thousand dollars either in use or readily available for use | 19964 |
| in the conduct of the business. | 19965 |
| (C) Not more than one place of business shall be maintained | 19966 |
| under the same certificate, but the division may issue additional | 19967 |
| certificates to the same registrant upon compliance with sections | 19968 |
| 1321.51 to 1321.60 of the Revised Code, governing the issuance of | 19969 |
| a single certificate. No change in the place of business of a | 19970 |
| registrant to a location outside the original municipal | 19971 |
| corporation shall be permitted under the same certificate without | 19972 |
| the approval of a new application, the payment of the registration | 19973 |
|
fee | 19974 |
| 19975 | |
| superintendent, the payment of an investigation fee of two hundred | 19976 |
| dollars. When a registrant wishes to change its place of business | 19977 |
| within the same municipal corporation, it shall give written | 19978 |
| notice of the change in advance to the division, which shall | 19979 |
| provide a certificate for the new address without cost. If a | 19980 |
| registrant changes its name, prior to making loans under the new | 19981 |
| name it shall give written notice of the change to the division, | 19982 |
| which shall provide a certificate in the new name without cost. | 19983 |
| Sections 1321.51 to 1321.60 of the Revised Code do not limit the | 19984 |
| loans of any registrant to residents of the community in which the | 19985 |
| registrant's place of business is situated. Each certificate shall | 19986 |
| be kept conspicuously posted in the place of business of the | 19987 |
| registrant and is not transferable or assignable. | 19988 |
| (D) Sections 1321.51 to 1321.60 of the Revised Code do not | 19989 |
| apply to any of the following: | 19990 |
| (1) | 19991 |
| under the authority of any law of this state, another state, or | 19992 |
|
the United States
| 19993 |
|
trust | 19994 |
| association, or credit | 19995 |
| entity, which subsidiary is regulated by a federal banking agency | 19996 |
| and is owned and controlled by such a depository institution; | 19997 |
| (2) Life, property, or casualty insurance companies licensed | 19998 |
| to do business in this state; | 19999 |
| (3) Any person that is a lender making a loan pursuant to | 20000 |
| sections 1321.01 to 1321.19 of the Revised Code or a business loan | 20001 |
| as described in division (B)(6) of section 1343.01 of the Revised | 20002 |
| Code; | 20003 |
| (4) Any political subdivision, or any governmental | 20004 |
| other public entity, corporation, instrumentality, or | 20005 |
| 20006 | |
| 20007 | |
| States; | 20008 |
| (5) A college or university, or controlled entity of a | 20009 |
| college or university, as those terms are defined in section | 20010 |
| 1713.05 of the Revised Code. | 20011 |
| (E) No person engaged in the business of selling tangible | 20012 |
| goods or services related to tangible goods may receive or retain | 20013 |
| a certificate under sections 1321.51 to 1321.60 of the Revised | 20014 |
| Code for such place of business. | 20015 |
| Sec. 1321.531. (A) An application for a mortgage loan | 20016 |
| originator license shall be in writing, under oath, and in the | 20017 |
| form prescribed by the superintendent of financial institutions. | 20018 |
| The application shall be accompanied by a nonrefundable | 20019 |
| application fee of one hundred fifty dollars and all other | 20020 |
| required fees, including any fees required by the nationwide | 20021 |
| mortgage licensing system and registry. | 20022 |
| (B) The superintendent may establish relationships or enter | 20023 |
| into contracts with the nationwide mortgage licensing system and | 20024 |
| registry, or any entities designated by it, to collect and | 20025 |
| maintain records and process transaction fees or other fees | 20026 |
| related to mortgage loan originator licensees or other persons | 20027 |
| subject to or involved in their licensure. | 20028 |
| (C) In connection with applying for a mortgage loan | 20029 |
| originator license, the applicant shall furnish to the nationwide | 20030 |
| mortgage licensing system and registry the following information | 20031 |
| concerning the applicant's identity: | 20032 |
| (1) The applicant's fingerprints for submission to the | 20033 |
| federal bureau of investigation, and any other governmental agency | 20034 |
| or entity authorized to receive such information, for purposes of | 20035 |
| a state, national, and international criminal history background | 20036 |
| check; | 20037 |
| (2) Personal history and experience in a form prescribed by | 20038 |
| the nationwide mortgage licensing system and registry, along with | 20039 |
| authorization for the superintendent and the nationwide mortgage | 20040 |
| licensing system and registry to obtain the following: | 20041 |
| (a) An independent credit report from a consumer reporting | 20042 |
| agency; | 20043 |
| (b) Information related to any administrative, civil, or | 20044 |
| criminal findings by any governmental jurisdiction. | 20045 |
| (D) In order to effectuate the purposes of divisions (C)(1) | 20046 |
| and (C)(2)(b) of this section, the superintendent may use the | 20047 |
| conference of state bank supervisors, or a wholly owned | 20048 |
| subsidiary, as a channeling agent for requesting information from | 20049 |
| and distributing information to the United States department of | 20050 |
| justice or any other governmental agency. The superintendent may | 20051 |
| also use the nationwide mortgage licensing system and registry as | 20052 |
| a channeling agent for requesting information from and | 20053 |
| distributing information to any source related to matters subject | 20054 |
| to divisions (C)(2)(a) and (b) of this section. | 20055 |
| (E) Upon the filing of the application, payment of the | 20056 |
| application fee, and payment of any additional fee, including any | 20057 |
| fee required by the nationwide mortgage licensing system and | 20058 |
| registry, the superintendent shall investigate the applicant as | 20059 |
| set forth in division (E) of this section. | 20060 |
| (1)(a) Notwithstanding division (K) of section 121.08 of the | 20061 |
| Revised Code, the superintendent shall obtain a criminal history | 20062 |
| records check and, as part of that records check, request that | 20063 |
| criminal record information from the federal bureau of | 20064 |
| investigation be obtained. To fulfill this requirement, the | 20065 |
| superintendent shall do either of the following: | 20066 |
| (i) Request the superintendent of the bureau of criminal | 20067 |
| identification and investigation, or a vendor approved by the | 20068 |
| bureau, to conduct a criminal records check based on the | 20069 |
| applicant's fingerprints or, if the fingerprints are unreadable, | 20070 |
| based on the applicant's social security number in accordance with | 20071 |
| division (A)(12) of section 109.572 of the Revised Code; | 20072 |
| (ii) Authorize the nationwide mortgage licensing system and | 20073 |
| registry to request a criminal history background check as set | 20074 |
| forth in division (C) of this section. | 20075 |
| (b) Any fee required under division (C)(3) of section 109.572 | 20076 |
| of the Revised Code or by the nationwide mortgage licensing system | 20077 |
| and registry shall be paid by the applicant. | 20078 |
| (2) The superintendent of financial institutions shall | 20079 |
| conduct a civil records check. | 20080 |
| (3) If, in order to issue a license to an applicant, | 20081 |
| additional investigation by the superintendent outside this state | 20082 |
| is necessary, the superintendent may require the applicant to | 20083 |
| advance sufficient funds to pay the actual expenses of the | 20084 |
| investigation, if it appears that these expenses will exceed one | 20085 |
| hundred dollars. The superintendent shall provide the applicant | 20086 |
| with an itemized statement of the actual expenses that the | 20087 |
| applicant is required to pay. | 20088 |
| (F) If an application for a mortgage loan originator license | 20089 |
| does not contain all of the information required under this | 20090 |
| section, and if that information is not submitted to the | 20091 |
| superintendent within ninety days after the superintendent | 20092 |
| requests the information in writing, the superintendent may | 20093 |
| consider the application withdrawn. | 20094 |
| Sec. 1321.532. (A) Upon the conclusion of the investigation | 20095 |
| required under division (E) of section 1321.531 of the Revised | 20096 |
| Code, the superintendent of financial institutions shall issue a | 20097 |
| mortgage loan originator license to the applicant if the | 20098 |
| superintendent finds that all of the following conditions are met: | 20099 |
| (1) The application is accompanied by the application fee and | 20100 |
| any additional fee required by the nationwide mortgage licensing | 20101 |
| system and registry. | 20102 |
| (a) If a check or other draft instrument is returned to the | 20103 |
| superintendent for insufficient funds, the superintendent shall | 20104 |
| notify the applicant by certified mail, return receipt requested, | 20105 |
| that the application will be withdrawn unless the applicant, | 20106 |
| within thirty days after receipt of the notice, submits the | 20107 |
| application fee and a one-hundred-dollar penalty to the | 20108 |
| superintendent. If the applicant does not submit the application | 20109 |
| fee and penalty within that time period, or if any check or other | 20110 |
| draft instrument used to pay the fee or penalty is returned to the | 20111 |
| superintendent for insufficient funds, the application shall be | 20112 |
| withdrawn immediately without a hearing. | 20113 |
| (b) If a check or other draft instrument is returned to the | 20114 |
| superintendent for insufficient funds after the license has been | 20115 |
| issued, the superintendent shall notify the licensee by certified | 20116 |
| mail, return receipt requested, that the license issued in | 20117 |
| reliance on the check or other draft instrument will be canceled | 20118 |
| unless the licensee, within thirty days after receipt of the | 20119 |
| notice, submits the application fee and a one-hundred-dollar | 20120 |
| penalty to the superintendent. If the licensee does not submit the | 20121 |
| application fee and penalty within that time period, or if any | 20122 |
| check or other draft instrument used to pay the fee or penalty is | 20123 |
| returned to the superintendent for insufficient funds, the license | 20124 |
| shall be canceled immediately without a hearing, and the licensee | 20125 |
| shall cease activity as a mortgage loan originator. | 20126 |
| (2) The applicant complies with sections 1321.51 to 1321.60 | 20127 |
| of the Revised Code. | 20128 |
| (3) The applicant has not had a mortgage loan originator | 20129 |
| license, or comparable authority, revoked in any governmental | 20130 |
| jurisdiction. | 20131 |
| (4) The applicant has not been convicted of, or pleaded | 20132 |
| guilty to, any of the following: | 20133 |
| (a) During the seven-year period immediately preceding the | 20134 |
| date of application for licensure, a felony in a domestic, | 20135 |
| foreign, or military court. | 20136 |
| (b) At any time prior to the date of application for | 20137 |
| licensure, a felony involving an act of fraud, dishonesty, or a | 20138 |
| breach of trust, theft, or money laundering in a domestic, | 20139 |
| foreign, or military court; | 20140 |
| (c) During the seven-year period immediately preceding the | 20141 |
| date of application for licensure, a misdemeanor involving theft | 20142 |
| in a domestic, foreign, or military court. | 20143 |
| (5) Based on the totality of the circumstances and | 20144 |
| information submitted in the application, the applicant has proven | 20145 |
| to the division of financial institutions, by a preponderance of | 20146 |
| the evidence, that the applicant is of good business repute, | 20147 |
| appears qualified to act as a mortgage loan originator, and has | 20148 |
| fully complied with sections 1321.51 to 1321.60 of the Revised | 20149 |
| Code and rules adopted thereunder. | 20150 |
| (6) The applicant successfully completed the written test | 20151 |
| required under section 1321.535 of the Revised Code and the | 20152 |
| education requirements set forth in section 1321.534 of the | 20153 |
| Revised Code. | 20154 |
| (7) The applicant is covered under a valid bond in compliance | 20155 |
| with section 1321.533 of the Revised Code. | 20156 |
| (8) The applicant's financial responsibility, character, and | 20157 |
| general fitness command the confidence of the public and warrant | 20158 |
| the belief that the loan originator will operate honestly and | 20159 |
| fairly in compliance with the purposes of sections 1321.51 to | 20160 |
| 1321.60 of the Revised Code. The superintendent shall not use a | 20161 |
| credit score as the sole basis for a license denial. | 20162 |
| (B) The license issued under division (A) of this section may | 20163 |
| be renewed annually on or before the thirty-first day of December | 20164 |
| if the superintendent finds that all of the following conditions | 20165 |
| are met: | 20166 |
| (1) The renewal application is accompanied by a nonrefundable | 20167 |
| renewal fee of one hundred fifty dollars, and any additional fee | 20168 |
| required by the nationwide mortgage licensing system and registry. | 20169 |
| If a check or other draft instrument is returned to the | 20170 |
| superintendent for insufficient funds, the superintendent shall | 20171 |
| notify the licensee by certified mail, return receipt requested, | 20172 |
| that the license renewed in reliance on the check or other draft | 20173 |
| instrument will be canceled unless the licensee, within thirty | 20174 |
| days after receipt of the notice, submits the renewal fee and a | 20175 |
| one-hundred-dollar penalty to the superintendent. If the licensee | 20176 |
| does not submit the renewal fee and penalty within that time | 20177 |
| period, or if any check or other draft instrument used to pay the | 20178 |
| fee or penalty is returned to the superintendent for insufficient | 20179 |
| funds, the license shall be canceled immediately without a | 20180 |
| hearing, and the licensee shall cease activity as a mortgage loan | 20181 |
| originator. | 20182 |
| (2) The applicant has completed at least eight hours of | 20183 |
| continuing education as required under section 1321.536 of the | 20184 |
| Revised Code. | 20185 |
| (3) The applicant meets the conditions set forth in divisions | 20186 |
| (A)(2) to (8) of this section. | 20187 |
| (4) The applicant's license is not subject to an order of | 20188 |
| suspension or an unpaid and past due fine imposed by the | 20189 |
| superintendent. | 20190 |
| (C)(1) Subject to division (C)(2) of this section, if a | 20191 |
| license renewal application or fee, including any additional fee | 20192 |
| required by nationwide mortgage licensing system and registry, is | 20193 |
| received by the superintendent after the thirty-first day of | 20194 |
| December, the license shall not be considered renewed, and the | 20195 |
| applicant shall cease activity as a mortgage loan originator. | 20196 |
| (2) Division (C)(1) of this section shall not apply if the | 20197 |
| applicant, no later than the thirty-first day of January, submits | 20198 |
| the renewal application and fee, including any additional fee | 20199 |
| required by nationwide mortgage licensing system and registry, and | 20200 |
| a one-hundred-dollar penalty to the superintendent. | 20201 |
| (D) Mortgage loan originator licenses issued on or after July | 20202 |
| 1, 2009, shall annually expire on the thirty-first day of | 20203 |
| December. | 20204 |
| Sec. 1321.533. (A)(1) A registrant engaged in residential | 20205 |
| mortgage loan activity shall not conduct business in this state, | 20206 |
| unless the registrant has obtained and maintains in effect at all | 20207 |
| times a corporate surety bond issued by a bonding company or | 20208 |
| insurance company authorized to do business in this state. | 20209 |
| (a) The bond shall be in favor of the superintendent of | 20210 |
| financial institutions. | 20211 |
| (b) The bond shall be in the penal sum of the greater of: | 20212 |
| (i) Fifty thousand dollars and an additional penal sum of ten | 20213 |
| thousand dollars for each location, in excess of one, at which the | 20214 |
| registrant conducts business; or | 20215 |
| (ii) One half per cent of the aggregate loan amount of | 20216 |
| residential mortgage loans originated in the immediately preceding | 20217 |
| calendar year, but not exceeding two hundred fifty thousand | 20218 |
| dollars. | 20219 |
| (c) The term of the bond shall coincide with the term of | 20220 |
| registration. | 20221 |
| (d) A copy of the bond shall be filed with the | 20222 |
| superintendent. | 20223 |
| (e) The bond shall be for the exclusive benefit of any | 20224 |
| borrower injured by a violation by an employee, licensee, or | 20225 |
| registrant of any provision of sections 1321.51 to 1321.60 of the | 20226 |
| Revised Code or the rules adopted thereunder. | 20227 |
| (f) The aggregate liability of the corporate surety for any | 20228 |
| and all breaches of the conditions of the bond shall not exceed | 20229 |
| the penal sum of the bond. | 20230 |
| (2) An individual licensed as a mortgage loan originator and | 20231 |
| employed or associated with an exempt entity as set forth in | 20232 |
| division (P)(2) of section 1321.51 of the Revised Code shall not | 20233 |
| conduct business in this state, unless the licensee has obtained | 20234 |
| and maintains in effect at all times a corporate surety bond | 20235 |
| issued by a bonding company or insurance company authorized to do | 20236 |
| business in this state. | 20237 |
| (a) The bond shall be in favor of the superintendent. | 20238 |
| (b) The bond shall be in the penal sum of the greater of: | 20239 |
| (i) Fifty thousand dollars; or | 20240 |
| (ii) One half per cent of the aggregate loan amount of | 20241 |
| residential mortgage loans originated in the immediately preceding | 20242 |
| calendar year, but not exceeding two hundred fifty thousand | 20243 |
| dollars. | 20244 |
| (c) The term of the bond shall coincide with the term of | 20245 |
| licensure. | 20246 |
| (d) A copy of the bond shall be filed with the | 20247 |
| superintendent. | 20248 |
| (e) The bond shall be for the exclusive benefit of any | 20249 |
| borrower injured by a violation by the licensee of any provision | 20250 |
| of sections 1321.51 to 1321.60 of the Revised Code or the rules | 20251 |
| adopted thereunder. | 20252 |
| (f) The aggregate liability of the corporate surety for any | 20253 |
| and all breaches of the conditions of the bond shall not exceed | 20254 |
| the penal sum of the bond. | 20255 |
| (B)(1) The registrant or licensee shall give notice to the | 20256 |
| superintendent by certified mail of any action that is brought by | 20257 |
| a borrower against the licensee, registrant, or any mortgage loan | 20258 |
| originator of the registrant alleging injury by a violation of any | 20259 |
| provision of sections 1321.51 to 1321.60 of the Revised Code, and | 20260 |
| of any judgment that is entered against the licensee, registrant, | 20261 |
| or mortgage loan originator of the registrant by a borrower | 20262 |
| injured by a violation of any provision of sections 1321.51 to | 20263 |
| 1321.60 of the Revised Code. The notice shall provide details | 20264 |
| sufficient to identify the action or judgment, and shall be filed | 20265 |
| with the superintendent within ten days after the commencement of | 20266 |
| the action or notice to the registrant or licensee of entry of a | 20267 |
| judgment. An exempt entity securing bonding for the licensees in | 20268 |
| their employ shall report those actions by a borrower in the same | 20269 |
| manner as is required of registrants. | 20270 |
| (2) A corporate surety, within ten days after it pays any | 20271 |
| claim or judgment, shall give notice to the superintendent by | 20272 |
| certified mail of the payment, with details sufficient to identify | 20273 |
| the person and the claim or judgment paid. | 20274 |
| (C) Whenever the penal sum of the corporate surety bond is | 20275 |
| reduced by one or more recoveries or payments, the registrant or | 20276 |
| licensee shall furnish a new or additional bond under this | 20277 |
| section, so that the total or aggregate penal sum of the bond or | 20278 |
| bonds equals the sum required by this section, or shall furnish an | 20279 |
| endorsement executed by the corporate surety reinstating the bond | 20280 |
| to the required penal sum of it. | 20281 |
| (D) The liability of the corporate surety on the bond to the | 20282 |
| superintendent and to any borrower injured by a violation of any | 20283 |
| provision of sections 1321.51 to 1321.60 of the Revised Code shall | 20284 |
| not be affected in any way by any misrepresentation, breach of | 20285 |
| warranty, or failure to pay the premium, by any act or omission | 20286 |
| upon the part of the registrant or licensee, by the insolvency or | 20287 |
| bankruptcy of the registrant or licensee, or by the insolvency of | 20288 |
| the registrant's or licensee's estate. The liability for any act | 20289 |
| or omission that occurs during the term of the corporate surety | 20290 |
| bond shall be maintained and in effect for at least two years | 20291 |
| after the date on which the corporate surety bond is terminated or | 20292 |
| canceled. | 20293 |
| (E) The corporate surety bond shall not be canceled by the | 20294 |
| registrant, the licensee, or the corporate surety except upon | 20295 |
| notice to the superintendent by certified mail, return receipt | 20296 |
| requested. The cancellation shall not be effective prior to thirty | 20297 |
| days after the superintendent receives the notice. | 20298 |
| (F) No registrant or licensee shall fail to comply with this | 20299 |
| section. Any registrant or licensee that fails to comply with this | 20300 |
| section shall cease all mortgage lender or mortgage loan | 20301 |
| originator activity in this state until the registrant or licensee | 20302 |
| has complied with this section. | 20303 |
| Sec. 1321.534. (A) Mortgage loan originator applicants shall | 20304 |
| submit evidence acceptable to the superintendent of financial | 20305 |
| institutions that, except as set forth in division (D) of this | 20306 |
| section, the applicant has successfully completed at least | 20307 |
| twenty-four hours of pre-licensing instruction consisting of the | 20308 |
| following: | 20309 |
| (1) Twenty hours of instruction in a course or program of | 20310 |
| study reviewed and approved by the nationwide mortgage licensing | 20311 |
| system and registry. | 20312 |
| (2) Four hours of instruction in a course or program of study | 20313 |
| reviewed and approved by the superintendent concerning state | 20314 |
| lending law and the Ohio consumer sales practices act, Chapter | 20315 |
| 1345. of the Revised Code, as it applies to registrants and | 20316 |
| licensees. | 20317 |
| (B) A person having successfully completed the pre-licensing | 20318 |
| education requirements reviewed and approved by the nationwide | 20319 |
| mortgage licensing system and registry for any state within the | 20320 |
| previous five years shall be granted credit toward completion of | 20321 |
| the pre-licensing education requirements of this state. | 20322 |
| (C) Review and approval of a pre-licensing education course | 20323 |
| shall include review and approval of the course provider. | 20324 |
| (D) Notwithstanding division (A) of this section, if the | 20325 |
| nationwide mortgage licensing system and registry fails to have in | 20326 |
| place an approval program to ensure that all pre-licensing | 20327 |
| education courses meet the criteria set forth in division (A) of | 20328 |
| this section, then the superintendent shall require, until that | 20329 |
| program is in place, evidence that the applicant has successfully | 20330 |
| completed twenty-four hours of live classroom instruction in a | 20331 |
| course or program of study approved by the superintendent that | 20332 |
| consists of at least all of the following: | 20333 |
| (1) Four hours of instruction concerning state and federal | 20334 |
| mortgage lending laws, which shall include no less than two hours | 20335 |
| on this chapter; | 20336 |
| (2) Four hours of instruction concerning the Ohio consumer | 20337 |
| sales practices act, Chapter 1345. of the Revised Code, as it | 20338 |
| applies to registrants and licensees; | 20339 |
| (3) Four hours of instruction concerning the loan application | 20340 |
| process; | 20341 |
| (4) Two hours of instruction concerning the underwriting | 20342 |
| process; | 20343 |
| (5) Two hours of instruction concerning the secondary market | 20344 |
| for mortgage loans; | 20345 |
| (6) Four hours of instruction concerning the loan closing | 20346 |
| process; | 20347 |
| (7) Two hours of instruction covering basic mortgage | 20348 |
| financing concepts and terms; | 20349 |
| (8) Two hours of instruction concerning the ethical | 20350 |
| responsibilities of a licensee, including with respect to | 20351 |
| confidentiality, consumer counseling, and the duties and standards | 20352 |
| of care created in section 1321.593 of the Revised Code. | 20353 |
| Sec. 1321.535. (A) Each person designated to act as | 20354 |
| operations manager for a registrant shall submit to a written test | 20355 |
| approved by the superintendent of financial institutions. An | 20356 |
| individual shall not be considered to have passed the written test | 20357 |
| unless the individual achieves a test score of not less than | 20358 |
| seventy-five per cent correct answers to all questions. | 20359 |
| (B) Each applicant for a mortgage loan originator license | 20360 |
| shall submit to a written test that is developed and approved by | 20361 |
| the nationwide mortgage licensing system and registry and | 20362 |
| administered by a test provider approved by the nationwide | 20363 |
| mortgage licensing system and registry based upon reasonable | 20364 |
| standards. | 20365 |
| (1) The test shall adequately measure the applicant's | 20366 |
| knowledge and comprehension in appropriate subject matters, | 20367 |
| including ethics and federal and state law related to mortgage | 20368 |
| origination, fraud, consumer protection, the nontraditional | 20369 |
| mortgage marketplace, and fair lending issues. | 20370 |
| (2) An individual shall not be considered to have passed the | 20371 |
| test unless the individual achieves a test score of at least | 20372 |
| seventy-five per cent correct answers on all questions and at | 20373 |
| least seventy-five per cent correct answers on all questions | 20374 |
| relating to Ohio lending laws and the Ohio consumer sales | 20375 |
| practices act. | 20376 |
| (3) An individual may retake the test three consecutive times | 20377 |
| provided the period between taking the tests is at least thirty | 20378 |
| days. | 20379 |
| (4) After failing three consecutive tests, an individual | 20380 |
| shall be required to wait at least six months before taking the | 20381 |
| test again. | 20382 |
| (5) If a mortgage loan originator fails to maintain a valid | 20383 |
| license for a period of five years or longer, the individual shall | 20384 |
| be required to retake the test. | 20385 |
| (C) Notwithstanding division (B) of this section, until the | 20386 |
| nationwide mortgage licensing system and registry implements a | 20387 |
| testing process that meets the criteria set forth in that | 20388 |
| division, the superintendent shall require evidence that the | 20389 |
| mortgage loan originator applicant or person designated under | 20390 |
| division (A)(3) of section 1321.53 of the Revised Code passed a | 20391 |
| written test acceptable to the superintendent. | 20392 |
| Sec. 1321.536. (A) Each mortgage loan originator licensee | 20393 |
| and each person designated under division (A)(3) of section | 20394 |
| 1321.53 of the Revised Code to act as operations manager for a | 20395 |
| registrant shall complete at least eight hours of continuing | 20396 |
| education every calendar year. To fulfill this requirement, the | 20397 |
| eight hours of continuing education must be offered in a course or | 20398 |
| program of study reviewed and approved by the nationwide mortgage | 20399 |
| licensing system and registry. The course or program of study | 20400 |
| shall include all of the following: | 20401 |
| (1) Three hours of applicable federal law and regulations; | 20402 |
| (2) Two hours of ethics, which shall include instruction on | 20403 |
| fraud, consumer protection, and fair lending issues; | 20404 |
| (3) Two hours of training related to lending standards for | 20405 |
| the nontraditional mortgage product marketplace. | 20406 |
| (B) Continuing education courses shall be reviewed and | 20407 |
| approved by the nationwide mortgage licensing system and registry | 20408 |
| based upon reasonable standards. | 20409 |
| (C) The following conditions apply to the continuing | 20410 |
| education required by this section: | 20411 |
| (1) An individual cannot take the same approved course in the | 20412 |
| same or successive years to meet the annual requirement for | 20413 |
| continuing education. | 20414 |
| (2) An individual can only receive credit for a continuing | 20415 |
| education course in the year in which the course is taken, unless | 20416 |
| the individual is making up a deficiency in continuing education | 20417 |
| pursuant to a rule or order of the superintendent of financial | 20418 |
| institutions. | 20419 |
| (3) An individual who subsequently becomes unlicensed must | 20420 |
| complete the continuing education requirement for the last year in | 20421 |
| which the license was held prior to the issuance of a new or | 20422 |
| renewed license. | 20423 |
| (4) A licensed mortgage loan originator who is approved as an | 20424 |
| instructor of an approved continuing education course may receive | 20425 |
| credit for the licensee's own annual continuing education | 20426 |
| requirement at the rate of two credit hours for every one hour | 20427 |
| taught. | 20428 |
| (5) A person having successfully completed a continuing | 20429 |
| education course approved by the nationwide mortgage licensing | 20430 |
| system and registry for any state shall receive credit toward | 20431 |
| completion of the continuing education requirement of this state. | 20432 |
| (D) Notwithstanding division (B) of this section, until the | 20433 |
| nationwide mortgage licensing system and registry implements a | 20434 |
| review and approval process, the superintendent shall require | 20435 |
| evidence that the licensee or person designated under division | 20436 |
| (A)(3) of section 1321.53 of the Revised Code has successfully | 20437 |
| completed at least eight hours of continuing education in a course | 20438 |
| or program of study approved by the superintendent. | 20439 |
| Sec. 1321.54. (A) The division of financial institutions may | 20440 |
| adopt, in accordance with Chapter 119. of the Revised Code, | 20441 |
| reasonable rules
| 20442 |
| administer and enforce sections 1321.51 to 1321.60 of the Revised | 20443 |
|
Code and | 20444 |
| 20445 | |
| 20446 | |
| 20447 | |
| 20448 | |
| those sections. | 20449 |
| (B)(1) The division | 20450 |
| registrant or licensee stating the contemplated action, the | 20451 |
| grounds for the action, and the registrant's or licensee's | 20452 |
| reasonable opportunity to be heard on the action in accordance | 20453 |
| with Chapter 119. of the Revised Code, revoke, suspend, or refuse | 20454 |
| to renew any certificate or license issued under sections 1321.51 | 20455 |
|
to 1321.60 of the Revised Code | 20456 |
|
finds | 20457 |
| 20458 | |
| 20459 | |
| 20460 | |
| 20461 |
| (a) A violation of or failure to comply with any provision of | 20462 |
| sections 1321.51 to 1321.60 of the Revised Code or the rules | 20463 |
| adopted thereunder, any federal lending law, or any other law | 20464 |
| applicable to the business conducted under a certificate of | 20465 |
| registration or license; | 20466 |
| (b) The person has been convicted of or pleaded guilty to any | 20467 |
| criminal felony offense in a domestic, foreign, or military court; | 20468 |
| (c) The person has been convicted of or pleaded guilty to any | 20469 |
| criminal offense involving theft, receiving stolen property, | 20470 |
| embezzlement, forgery, fraud, passing bad checks, money | 20471 |
| laundering, breach of trust, dishonesty, or drug trafficking, or | 20472 |
| any criminal offense involving money or securities, in a domestic, | 20473 |
| foreign, or military court; | 20474 |
| (d) The person's mortgage lender certificate of registration | 20475 |
| or mortgage loan originator license, or comparable authority, has | 20476 |
| been revoked in any governmental jurisdiction. | 20477 |
| (2) In addition to, or in lieu of, any revocation, | 20478 |
| suspension, or denial, the division may impose a monetary fine | 20479 |
| after administrative hearing or in settlement of matters subject | 20480 |
| to claims under division (B)(1)(a) of this section. | 20481 |
| (3) Subject to division (D)(3) of section 1321.52 of the | 20482 |
| Revised Code, the revocation, suspension, or refusal to renew | 20483 |
| shall not impair the obligation of any pre-existing lawful | 20484 |
| contract made under sections 1321.51 to 1321.60 of the Revised | 20485 |
| Code; provided, however, that a prior registrant shall make good | 20486 |
| faith efforts to promptly transfer the registrant's collection | 20487 |
| rights to another registrant or person exempt from registration, | 20488 |
| or be subject to additional monetary fines and legal or | 20489 |
| administrative action by the division. Nothing in division (B)(3) | 20490 |
| of this section shall limit a court's ability to impose a cease | 20491 |
| and desist order preventing any further business or servicing | 20492 |
| activity. | 20493 |
| (C)(1) The superintendent of financial institutions may | 20494 |
| impose a fine of not more than one thousand dollars for each day a | 20495 |
| violation of sections 1321.51 to 1321.60 of the Revised Code, or | 20496 |
| any rule adopted thereunder, is committed, repeated, or continued. | 20497 |
| If the registrant or licensee engages in a pattern of repeated | 20498 |
| violations, the superintendent may impose a fine of not more than | 20499 |
| two thousand dollars for each day the violation is committed, | 20500 |
| repeated, or continued. All fines collected pursuant to this | 20501 |
| section shall be paid to the treasurer of state to the credit of | 20502 |
| the consumer finance fund created in section 1321.21 of the | 20503 |
| Revised Code. In determining the amount of a fine to be imposed | 20504 |
| pursuant to this section, the superintendent may consider all of | 20505 |
| the following to the extent it is known to the division of | 20506 |
| financial institutions: | 20507 |
| (a) The seriousness of the violation; | 20508 |
| (b) The registrant's or licensee's good faith efforts to | 20509 |
| prevent the violation; | 20510 |
| (c) The registrant's or licensee's history regarding | 20511 |
| violations and compliance with division orders; | 20512 |
| (d) The registrant's or licensee's financial resources; | 20513 |
| (e) Any other matters the superintendent considers | 20514 |
| appropriate in enforcing sections 1321.51 to 1321.60 of the | 20515 |
| Revised Code. | 20516 |
| (2) Monetary fines imposed under this division shall not | 20517 |
| 20518 | |
| imposed pursuant to section 1321.99 of the Revised Code. | 20519 |
| | 20520 |
| investigate alleged violations of sections 1321.51 to 1321.60 of | 20521 |
| the Revised Code, or the rules adopted thereunder, or complaints | 20522 |
| concerning any such violation. The superintendent may make | 20523 |
| application to the court of common pleas for an order enjoining | 20524 |
|
any | 20525 |
|
a person has committed, or is about to
commit, | 20526 |
| the court shall grant an injunction, restraining order, or other | 20527 |
| appropriate relief. The superintendent, in making application to | 20528 |
| the court of common pleas for an order enjoining a person from | 20529 |
| acting as a registrant or mortgage loan originator in violation of | 20530 |
| division (A) or (E) of section 1321.52 of the Revised Code, may | 20531 |
| also seek and obtain civil penalties for that unregistered or | 20532 |
| unlicensed conduct in an amount not to exceed five thousand | 20533 |
| dollars per violation. | 20534 |
| | 20535 |
| section, the superintendent may compel, by subpoena, witnesses to | 20536 |
| testify in relation to any matter over which the superintendent | 20537 |
| has jurisdiction, and may require the production or photocopying | 20538 |
| of any book, record, or other document pertaining to such matter. | 20539 |
| If a person fails to file any statement or report, obey any | 20540 |
| subpoena, give testimony, produce any book, record, or other | 20541 |
| document as required by such a subpoena, or permit photocopying of | 20542 |
| any book, record, or other document subpoenaed, the court of | 20543 |
| common pleas of any county in this state, upon application made to | 20544 |
| it by the superintendent, shall compel obedience by attachment | 20545 |
| proceedings for contempt, as in the case of disobedience of the | 20546 |
| requirements of a subpoena issued from the court, or a refusal to | 20547 |
| testify therein. | 20548 |
| | 20549 |
| engaged in, or is believed to be engaged in, activities that may | 20550 |
| constitute a violation of sections 1321.51 to 1321.60 of the | 20551 |
| Revised Code or the rules adopted thereunder, the superintendent | 20552 |
| may, after notice and a hearing conducted in accordance with | 20553 |
| Chapter 119. of the Revised Code, issue a cease and desist order. | 20554 |
| The superintendent, in taking administrative action to enjoin a | 20555 |
| person from acting as a registrant or mortgage loan originator in | 20556 |
| violation of division (A) or (E) of section 1321.52 of the Revised | 20557 |
| Code, may also seek and impose fines for those violations in an | 20558 |
| amount not to exceed five thousand dollars per violation. Such an | 20559 |
| order shall be enforceable in the court of common pleas. | 20560 |
| (G) The superintendent shall regularly report violations of | 20561 |
| sections 1321.51 to 1321.60 of the Revised Code, as well as | 20562 |
| enforcement actions and other relevant information, to the | 20563 |
| nationwide mortgage licensing system and registry pursuant to | 20564 |
| division (E) of section 1321.55 of the Revised Code. | 20565 |
| (H)(1) To protect the public interest, the superintendent | 20566 |
| may, without a prior hearing, do any of the following: | 20567 |
| (a) Suspend the certificate of registration or license of a | 20568 |
| person who is convicted of or pleads guilty to a violation of | 20569 |
| sections 1321.51 to 1321.60 of the Revised Code or any criminal | 20570 |
| offense described in division (B)(1) of this section; | 20571 |
| (b) Suspend the certificate of registration of a registrant | 20572 |
| who violates division (F) of section 1321.533 of the Revised Code; | 20573 |
| (c) Suspend the certificate of registration or license of a | 20574 |
| person who fails to comply with a request made by the | 20575 |
| superintendent under this section or section 1321.55 of the | 20576 |
| Revised Code to inspect qualifying education transcripts located | 20577 |
| at the registrant's or licensee's place of business. | 20578 |
| (2) The superintendent may, in accordance with Chapter 119. | 20579 |
| of the Revised Code, subsequently revoke any registration or | 20580 |
| license suspended under division (H)(1) of this section. | 20581 |
| (3) The superintendent shall, in accordance with Chapter 119. | 20582 |
| of the Revised Code, adopt rules establishing the maximum amount | 20583 |
| of time a suspension under division (H)(1) of this section may | 20584 |
| continue before a hearing is conducted. | 20585 |
| Sec. 1321.55. (A) Every registrant shall keep records | 20586 |
| pertaining to loans made under sections 1321.51 to 1321.60 of the | 20587 |
| Revised Code. Such records shall be segregated from records | 20588 |
| pertaining to transactions that are not subject to these sections | 20589 |
| of the Revised Code. Every registrant shall preserve records | 20590 |
| pertaining to loans made under sections 1321.51 to 1321.60 of the | 20591 |
|
Revised Code for at least | 20592 |
| entry on such records. Accounting systems maintained in whole or | 20593 |
| in part by mechanical or electronic data processing methods that | 20594 |
| provide information equivalent to that otherwise required are | 20595 |
| acceptable for this purpose. At least once each eighteen-month | 20596 |
| cycle, the division of financial institutions shall make or cause | 20597 |
| to be made an examination of records pertaining to loans made | 20598 |
| under sections 1321.51 to 1321.60 of the Revised Code, for the | 20599 |
| purpose of determining whether the registrant is complying with | 20600 |
| these sections and of verifying the registrant's annual report. | 20601 |
| (B)(1) As required by the superintendent of financial | 20602 |
| institutions, each registrant shall file with the division each | 20603 |
| year a report under oath or affirmation, on forms supplied by the | 20604 |
| division, concerning the business and operations for the preceding | 20605 |
| calendar year. Whenever a registrant operates two or more | 20606 |
| registered offices or whenever two or more affiliated registrants | 20607 |
| operate registered offices, then a composite report of the group | 20608 |
| of registered offices may be filed in lieu of individual reports. | 20609 |
| (2) The division shall publish annually an analysis of the | 20610 |
| information required under division (B)(1) of this section, but | 20611 |
| the individual reports shall not be public records and shall not | 20612 |
| be open to public inspection or otherwise subject to the | 20613 |
| provisions of section 149.43 of the Revised Code. | 20614 |
| (3) Each mortgage licensee shall submit to the nationwide | 20615 |
| mortgage licensing system and registry call reports or other | 20616 |
| reports of condition, which shall be in such form and shall | 20617 |
| contain such information as the nationwide mortgage licensing | 20618 |
| system and registry may require. | 20619 |
| (C) | 20620 |
| 20621 | |
| 20622 | |
| 20623 | |
| 20624 | |
| 20625 | |
| 20626 | |
| 20627 | |
| 20628 | |
| 20629 | |
| 20630 | |
| 20631 | |
| 20632 | |
| 20633 |
| | 20634 |
| 20635 | |
| 20636 | |
| 20637 |
| | 20638 |
| 20639 | |
| 20640 |
| | 20641 |
| 20642 | |
| 20643 | |
| 20644 | |
| 20645 | |
| 20646 | |
| 20647 | |
| 20648 | |
| 20649 | |
| confidential: | 20650 |
| (a) Examination information, and any information leading to | 20651 |
| or arising from an examination; | 20652 |
| (b) Investigation information, and any information arising | 20653 |
| from or leading to an investigation. | 20654 |
| (2) The information described in division (C)(1) of this | 20655 |
| section shall remain confidential for all purposes except when it | 20656 |
| is necessary for the superintendent to take official action | 20657 |
| regarding the affairs of a registrant or licensee, or in | 20658 |
| connection with criminal or civil proceedings to be initiated by a | 20659 |
| prosecuting attorney or the attorney general. This information may | 20660 |
| also be introduced into evidence or disclosed when and in the | 20661 |
| manner authorized by section 1181.25 of the Revised Code. | 20662 |
| (D) All application information, except social security | 20663 |
| numbers, employer identification numbers, financial account | 20664 |
| numbers, the identity of the institution where financial accounts | 20665 |
| are maintained, personal financial information, fingerprint cards | 20666 |
| and the information contained on such cards, and criminal | 20667 |
| background information, is a public record as defined in section | 20668 |
| 149.43 of the Revised Code. | 20669 |
| (E) This section does not prevent the division of financial | 20670 |
| institutions from releasing to or exchanging with other financial | 20671 |
| institution regulatory authorities information relating to | 20672 |
| registrants and licensees. For this purpose, a "financial | 20673 |
| institution regulatory authority" includes a regulator of a | 20674 |
| business activity in which a registrant or licensee is engaged, or | 20675 |
| has applied to engage in, to the extent that the regulator has | 20676 |
| jurisdiction over a registrant or licensee engaged in that | 20677 |
| business activity. A registrant or licensee is engaged in a | 20678 |
| business activity, and a regulator of that business activity has | 20679 |
| jurisdiction over the registrant or licensee, whether the | 20680 |
| registrant or licensee conducts the activity directly or a | 20681 |
| subsidiary or affiliate of the registrant or licensee conducts the | 20682 |
| activity. | 20683 |
| (1) Any confidentiality or privilege arising under federal or | 20684 |
| state law with respect to any information or material provided to | 20685 |
| the nationwide mortgage licensing system and registry shall | 20686 |
| continue to apply to the information or material after the | 20687 |
| information or material has been provided to the nationwide | 20688 |
| mortgage licensing system and registry. The information and | 20689 |
| material so provided may be shared with all state and federal | 20690 |
| regulatory officials with mortgage industry oversight authority | 20691 |
| without the loss of confidentiality or privilege protections | 20692 |
| provided by federal law or the law of any state. Information or | 20693 |
| material described in division (E)(1) of this section to which | 20694 |
| confidentiality or privilege applies shall not be subject to any | 20695 |
| of the following: | 20696 |
| (a) Disclosure under any federal or state law governing | 20697 |
| disclosure to the public of information held by an officer or an | 20698 |
| agency of the federal government or of the respective state; | 20699 |
| (b) Subpoena or discovery, or admission into evidence, in any | 20700 |
| private civil action or administrative process, unless the person | 20701 |
| to whom such information or material pertains waives, in whole or | 20702 |
| in part and at the discretion of the person, any privilege held by | 20703 |
| the nationwide mortgage licensing system and registry with respect | 20704 |
| to that information or material. | 20705 |
| (2) The superintendent, in order to promote more effective | 20706 |
| regulation and reduce regulatory burden through supervisory | 20707 |
| information sharing, may enter into sharing arrangements with | 20708 |
| other governmental agencies, the conference of state bank | 20709 |
| supervisors, and the American association of residential mortgage | 20710 |
| regulators. | 20711 |
| (3) Any state law, including the public records law, relating | 20712 |
| to the disclosure of confidential supervisory information or any | 20713 |
| information or material described in division (E)(1) of this | 20714 |
| section that is inconsistent with that division shall be | 20715 |
| superseded by the requirements of that division. | 20716 |
| (F) This section shall not apply with respect to information | 20717 |
| or material relating to the employment history of, and publicly | 20718 |
| adjudicated disciplinary and enforcement actions against, mortgage | 20719 |
| loan originators that is included in the nationwide mortgage | 20720 |
| licensing system and registry for access by the public. | 20721 |
| (G) This section does not prevent the division from releasing | 20722 |
| information relating to registrants and licensees to the attorney | 20723 |
| general, to the superintendent of real estate and professional | 20724 |
| licensing for purposes relating to the administration of Chapters | 20725 |
| 4735. and 4763. of the Revised Code, to the superintendent of | 20726 |
| insurance for purposes relating to the administration of Chapter | 20727 |
| 3953. of the Revised Code, to the commissioner of securities for | 20728 |
| purposes relating to the administration of Chapter 1707. of the | 20729 |
| Revised Code, or to local law enforcement agencies and local | 20730 |
| prosecutors. Information the division releases pursuant to this | 20731 |
| section remains confidential. | 20732 |
| (H) The superintendent of financial institutions shall, by | 20733 |
| rule adopted in accordance with Chapter 119. of the Revised Code, | 20734 |
| establish a process by which mortgage loan originators may | 20735 |
| challenge information provided to the nationwide mortgage | 20736 |
| licensing system and registry by the superintendent. | 20737 |
| (I) No person, in connection with any examination or | 20738 |
| investigation conducted by the superintendent under sections | 20739 |
| 1321.51 to 1321.60 of the Revised Code, shall knowingly do any of | 20740 |
| the following: | 20741 |
| (1) Circumvent, interfere with, obstruct, or fail to | 20742 |
| cooperate, including making a false or misleading statement, | 20743 |
| failing to produce records, or intimidating or suborning any | 20744 |
| witness; | 20745 |
| (2) Withhold, abstract, remove, mutilate, destroy, or secrete | 20746 |
| any books, records, computer records, or other information; | 20747 |
| (3) Tamper with, alter, or manufacture any evidence. | 20748 |
| Sec. 1321.551. (A) No registrant shall conduct the business | 20749 |
| of making loans under sections 1321.51 to 1321.60 of the Revised | 20750 |
| Code in any office, room, or place of business in which any other | 20751 |
| business is solicited or engaged in, or in association or | 20752 |
| conjunction with any other such business, if the superintendent of | 20753 |
| financial institutions finds, pursuant to a hearing conducted in | 20754 |
| accordance with Chapter 119. of the Revised Code, that the other | 20755 |
| business is of such a nature that the conduct tends to conceal | 20756 |
| evasion of sections 1321.51 to 1321.60 of the Revised Code or of | 20757 |
| the rules adopted under those sections, and orders the registrant | 20758 |
| in writing to desist from the conduct. | 20759 |
| (B) The business of a mortgage loan originator shall | 20760 |
| principally be transacted at an office of the registrant with whom | 20761 |
| the licensee is employed or associated, which office is registered | 20762 |
| in accordance with division (A)(1) of section 1321.52 of the | 20763 |
| Revised Code. Each original mortgage loan originator license shall | 20764 |
| be deposited with and maintained at the registrant's main office. | 20765 |
| A copy of the mortgage loan originator license shall be maintained | 20766 |
| and displayed at the office where the mortgage loan originator | 20767 |
| principally transacts business. | 20768 |
| (C) If a mortgage loan originator's employment or association | 20769 |
| is terminated for any reason, the registrant shall return the | 20770 |
| original mortgage loan originator license to the superintendent | 20771 |
| within five business days after the termination. The licensee may | 20772 |
| request the transfer of the license to another registrant by | 20773 |
| submitting a transfer application, along with a fifteen dollar fee | 20774 |
| and any fee required by the national mortgage licensing system and | 20775 |
| registry, to the superintendent, or may request in writing that | 20776 |
| the superintendent hold the license in escrow. A licensee whose | 20777 |
| license is held in escrow shall cease activity as a mortgage loan | 20778 |
| originator. A licensee whose license is held in escrow shall be | 20779 |
| required to apply for renewal annually and to comply with the | 20780 |
| annual continuing education requirement. | 20781 |
| (D) A registrant may employ or be associated with a mortgage | 20782 |
| loan originator on a temporary basis pending the transfer of the | 20783 |
| mortgage loan originator's license to the registrant, if the | 20784 |
| registrant receives written confirmation from the superintendent | 20785 |
| that the mortgage loan originator is licensed under sections | 20786 |
| 1321.51 to 1321.60 of the Revised Code. | 20787 |
| (E)(1) Notwithstanding divisions (B), (C), and (D) of this | 20788 |
| section, if a mortgage loan originator is employed by or | 20789 |
| associated with a person claiming an exception under division (D) | 20790 |
| of section 1321.53 of the Revised Code, the mortgage loan | 20791 |
| originator shall maintain and display the original mortgage loan | 20792 |
| originator license at the office where the mortgage loan | 20793 |
| originator principally transacts business. | 20794 |
| (2) If a mortgage loan originator's employment or association | 20795 |
| is terminated for any reason, the licensee shall return the | 20796 |
| original mortgage loan originator license to the superintendent | 20797 |
| within five business days after the termination. The licensee may | 20798 |
| request the transfer of the license to a mortgage broker or other | 20799 |
| person claiming an exception under division (D) of section 1321.53 | 20800 |
| of the Revised Code by submitting a transfer application, along | 20801 |
| with a fifteen dollar fee and any fee required by the national | 20802 |
| mortgage licensing system and registry, to the superintendent, or | 20803 |
| may request the superintendent in writing to hold the license in | 20804 |
| escrow. A licensee whose license is held in escrow shall cease | 20805 |
| activity as a mortgage loan originator. A licensee whose license | 20806 |
| is held in escrow shall be required to apply for renewal annually | 20807 |
| and to comply with the annual continuing education requirement. | 20808 |
| (3) The licensee may seek to be employed or associated with a | 20809 |
| mortgage broker or other person claiming an exception under | 20810 |
| division (D) of section 1321.53 of the Revised Code if the | 20811 |
| mortgage broker or person receives written confirmation from the | 20812 |
| superintendent that the mortgage loan originator is licensed under | 20813 |
| sections 1321.51 to 1321.60 of the Revised Code. | 20814 |
| (F)(1) No registrant, through its operations manager or | 20815 |
| otherwise, shall fail to reasonably supervise a mortgage loan | 20816 |
| originator or other persons employed by or associated with the | 20817 |
| registrant. | 20818 |
| (2) No registrant shall fail to establish reasonable | 20819 |
| procedures designed to avoid violations of sections 1321.51 to | 20820 |
| 1321.60 of the Revised Code or rules adopted thereunder, or | 20821 |
| violations of applicable state and federal consumer and lending | 20822 |
| laws or rules, by mortgage loan originators or other persons | 20823 |
| employed by or associated with the registrant. | 20824 |
| (G) A license, or the authority granted under that license, | 20825 |
| is not assignable and cannot be franchised by contract or any | 20826 |
| other means. | 20827 |
| Sec. 1321.552. (A) Notwithstanding any provision of sections | 20828 |
| 1321.51 to 1321.60 of the Revised Code, or any rule adopted | 20829 |
| thereunder, if the "Secure and Fair Enforcement for Mortgage | 20830 |
| Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101, as | 20831 |
| amended, is modified after the effective date of this section, or | 20832 |
| any regulation, statement, or position is adopted under that act, | 20833 |
| and the item modified or adopted affects any matter within the | 20834 |
| scope of sections 1321.51 to 1321.60 of the Revised Code, the | 20835 |
| superintendent of financial institutions may by rule adopt a | 20836 |
| similar provision. | 20837 |
| (B) The superintendent shall adopt the rules authorized by | 20838 |
| this section in accordance with section 111.15 of the Revised | 20839 |
| Code. Chapter 119. of the Revised Code does not apply to rules | 20840 |
| adopted under the authority of this section. | 20841 |
| (C) A rule adopted by the superintendent under the authority | 20842 |
| of this section is effective on the later of the following dates: | 20843 |
| (1) The date the superintendent issues the rule; | 20844 |
| (2) The date the regulation, rule, interpretation, procedure, | 20845 |
| or guideline the superintendent's rule is based on becomes | 20846 |
| effective. | 20847 |
| (D) The superintendent may, upon thirty days' written notice, | 20848 |
| revoke any rule adopted under the authority of this section. A | 20849 |
| rule adopted under the authority of this section, and not revoked | 20850 |
| by the superintendent, lapses and has no further force and effect | 20851 |
| eighteen months after the rule's effective date. | 20852 |
| Sec. 1321.57. (A) Notwithstanding any other provisions of | 20853 |
| the Revised Code, a registrant may contract for and receive | 20854 |
| interest, calculated according to the actuarial method, at a rate | 20855 |
| or rates not exceeding twenty-one per cent per year on the unpaid | 20856 |
| principal balances of the loan. Loans may be interest-bearing or | 20857 |
| precomputed. | 20858 |
| (B) For purposes of computation of time on interest-bearing | 20859 |
| and precomputed loans, including, but not limited to, the | 20860 |
| calculation of interest, a month is considered one-twelfth of a | 20861 |
| year, and a day is considered one three hundred sixty-fifth of a | 20862 |
| year when calculation is made for a fraction of a month. A year is | 20863 |
| as defined in section 1.44 of the Revised Code. A month is that | 20864 |
| period described in section 1.45 of the Revised Code. | 20865 |
| Alternatively, a registrant may consider a day as one three | 20866 |
| hundred sixtieth of a year and each month as having thirty days. | 20867 |
| (C) With respect to interest-bearing loans: | 20868 |
| (1)(a) Interest shall be computed on unpaid principal | 20869 |
| balances outstanding from time to time, for the time outstanding. | 20870 |
| (b) As an alternative to the method of computing interest set | 20871 |
| forth in division (C)(1)(a) of this section, a registrant may | 20872 |
| charge and collect interest for the first installment period based | 20873 |
| on elapsed time from the date of the loan to the first scheduled | 20874 |
| payment due date, and for each succeeding installment period from | 20875 |
| the scheduled payment due date to the next scheduled payment due | 20876 |
| date, regardless of the date or dates the payments are actually | 20877 |
| made. | 20878 |
| (c) Whether a registrant computes interest pursuant to | 20879 |
| division (C)(1)(a) or (b) of this section, each payment shall be | 20880 |
| applied first to unpaid charges, then to interest, and the | 20881 |
| remainder to the unpaid principal balance. However, if the amount | 20882 |
| of the payment is insufficient to pay the accumulated interest, | 20883 |
| the unpaid interest continues to accumulate to be paid from the | 20884 |
| proceeds of subsequent payments and is not added to the principal | 20885 |
| balance. | 20886 |
| (2) Interest shall not be compounded, collected, or paid in | 20887 |
| advance. However, both of the following apply: | 20888 |
| (a) Interest may be charged to extend the first monthly | 20889 |
| installment period by not more than fifteen days, and the interest | 20890 |
| charged for the extension may be added to the principal amount of | 20891 |
| the loan. | 20892 |
| (b) If part or all of the consideration for a new loan | 20893 |
| contract is the unpaid principal balance of a prior loan, the | 20894 |
| principal amount payable under the new loan contract may include | 20895 |
| any unpaid interest that has accrued. The resulting loan contract | 20896 |
| shall be deemed a new and separate loan transaction for purposes | 20897 |
| of this section. The unpaid principal balance of a precomputed | 20898 |
| loan is the balance due after refund or credit of unearned | 20899 |
| interest as provided in division (D)(3) of this section. | 20900 |
| (D) With respect to precomputed loans: | 20901 |
| (1) Loans shall be repayable in monthly installments of | 20902 |
| principal and interest combined, except that the first installment | 20903 |
| period may exceed one month by not more than fifteen days, and the | 20904 |
| first installment payment amount may be larger than the remaining | 20905 |
| payments by the amount of interest charged for the extra days; and | 20906 |
| provided further that monthly installment payment dates may be | 20907 |
| omitted to accommodate borrowers with seasonal income. | 20908 |
| (2) Payments may be applied to the combined total of | 20909 |
| principal and precomputed interest until maturity of the loan. A | 20910 |
| registrant may charge interest after the original or deferred | 20911 |
| maturity of a precomputed loan at the rate specified in division | 20912 |
| (A) of this section on all unpaid principal balances for the time | 20913 |
| outstanding. | 20914 |
| (3) When any loan contract is paid in full by cash, renewal, | 20915 |
| refinancing, or a new loan, one month or more before the final | 20916 |
| installment due date, the registrant shall refund, or credit the | 20917 |
| borrower with, the total of the applicable charges for all fully | 20918 |
| unexpired installment periods, as originally scheduled or as | 20919 |
| deferred, that follow the day of prepayment. If the prepayment is | 20920 |
| made other than on a scheduled installment due date, the nearest | 20921 |
| scheduled installment due date shall be used in such computation. | 20922 |
| If the prepayment occurs prior to the first installment due date, | 20923 |
| the registrant may retain one-thirtieth of the applicable charge | 20924 |
| for a first installment period of one month for each day from date | 20925 |
| of loan to date of prepayment, and shall refund, or credit the | 20926 |
| borrower with, the balance of the total interest contracted for. | 20927 |
| If the maturity of the loan is accelerated for any reason and | 20928 |
| judgment is entered, the registrant shall credit the borrower with | 20929 |
| the same refund as if prepayment in full had been made on the date | 20930 |
| the judgment is entered. | 20931 |
| (4) If the parties agree in writing, either in the loan | 20932 |
| contract or in a subsequent agreement, to a deferment of wholly | 20933 |
| unpaid installments, a registrant may grant a deferment and may | 20934 |
| collect a deferment charge as provided in this section. A | 20935 |
| deferment postpones the scheduled due date of the earliest unpaid | 20936 |
| installment and all subsequent installments as originally | 20937 |
| scheduled, or as previously deferred, for a period equal to the | 20938 |
| deferment period. The deferment period is that period during which | 20939 |
| no installment is scheduled to be paid by reason of the deferment. | 20940 |
| The deferment charge for a one-month period may not exceed the | 20941 |
| applicable charge for the installment period immediately following | 20942 |
| the due date of the last undeferred installment. A proportionate | 20943 |
| charge may be made for deferment for periods of more or less than | 20944 |
| one month. A deferment charge is earned pro rata during the | 20945 |
| deferment period and is fully earned on the last day of the | 20946 |
| deferment period. If a loan is prepaid in full during a deferment | 20947 |
| period, the registrant shall make, or credit to the borrower, a | 20948 |
| refund of the unearned deferment charge in addition to any other | 20949 |
| refund or credit made for prepayment of the loan in full. | 20950 |
| (E) A registrant, at the request of the borrower, may obtain, | 20951 |
| on one or more borrowers, credit life insurance, credit accident | 20952 |
| and health insurance, and unemployment insurance. The premium or | 20953 |
| identifiable charge for the insurance may be included in the | 20954 |
| principal amount of the loan and may not exceed the premium rate | 20955 |
| filed by the insurer with the superintendent of insurance and not | 20956 |
| disapproved by the superintendent. If a registrant obtains the | 20957 |
| insurance at the request of the borrower, the borrower shall have | 20958 |
| the right to cancel the insurance for a period of twenty-five days | 20959 |
| after the loan is made. If the borrower chooses to cancel the | 20960 |
| insurance, the borrower shall give the registrant written notice | 20961 |
| of this choice and shall return all of the policies or | 20962 |
| certificates of insurance or notices of proposed insurance to the | 20963 |
| registrant during such period, and the full premium or | 20964 |
| identifiable charge for the insurance shall be refunded to the | 20965 |
| borrower by the registrant. If the borrower requests, in the | 20966 |
| notice to cancel the insurance, that this refund be applied to | 20967 |
| reduce the balance of a precomputed loan, the registrant shall | 20968 |
| credit the amount of the refund plus the amount of interest | 20969 |
| applicable to the refund to the loan balance. | 20970 |
| If the registrant obtains the insurance at the request of the | 20971 |
| borrower, the registrant shall not charge or collect interest on | 20972 |
| any insured amount that remains unpaid after the insured | 20973 |
| borrower's date of death. | 20974 |
| (F) A registrant may require the borrower to provide | 20975 |
| insurance or a loss payable endorsement covering reasonable risks | 20976 |
| of loss, damage, and destruction of property used as security for | 20977 |
| the loan and with the consent of the borrower such insurance may | 20978 |
| cover property other than that which is security for the loan. The | 20979 |
| amount and term of required property insurance shall be reasonable | 20980 |
| in relation to the amount and term of the loan contract and the | 20981 |
| type and value of the security, and the insurance shall be | 20982 |
| procured in accordance with the insurance laws of this state. The | 20983 |
| purchase of this insurance through the registrant or an agent or | 20984 |
| broker designated by the registrant shall not be a condition | 20985 |
| precedent to the granting of the loan. If the borrower purchases | 20986 |
| the insurance from or through the registrant or from another | 20987 |
| source, the premium may be included in the principal amount of the | 20988 |
| loan. | 20989 |
| (G) On loans secured by an interest in real estate, all of | 20990 |
| the following apply: | 20991 |
| (1) A registrant, if not prohibited by section 1343.011 of | 20992 |
| the Revised Code, may charge and receive up to two points, and a | 20993 |
| prepayment penalty not in excess of one per cent of the original | 20994 |
| principal amount of the loan. Points may be paid by the borrower | 20995 |
| at the time of the loan or may be included in the principal amount | 20996 |
| of the loan. On a refinancing, a registrant may not charge under | 20997 |
| division (G)(1) of this section either of the following: | 20998 |
| (a) Points on the portion of the principal amount that is | 20999 |
| applied to the unpaid principal amount of the refinanced loan, if | 21000 |
| the refinancing occurs within one year after the date of the | 21001 |
| refinanced loan on which points were charged; | 21002 |
| (b) A prepayment penalty. | 21003 |
| (2) As an alternative to the prepayment penalty described in | 21004 |
| division (G)(1) of this section, a registrant may contract for, | 21005 |
| charge, and receive the prepayment penalty described in division | 21006 |
| (G)(2) of this section for the prepayment of a loan prior to two | 21007 |
| years after the date the loan contract is executed. This | 21008 |
| prepayment penalty shall not exceed two per cent of the original | 21009 |
| principal amount of the loan if the loan is paid in full prior to | 21010 |
| one year after the date the loan contract is executed. The penalty | 21011 |
| shall not exceed one per cent of the original principal amount of | 21012 |
| the loan if the loan is paid in full at any time from one year, | 21013 |
| but prior to two years, after the date the loan contract is | 21014 |
| executed. A registrant shall not charge or receive a prepayment | 21015 |
| penalty under division (G)(2) of this section if any of the | 21016 |
| following applies: | 21017 |
| (a) The loan is a refinancing by the same registrant or a | 21018 |
| registrant to whom the loan has been assigned; | 21019 |
| (b) The loan is paid in full as a result of the sale of the | 21020 |
| real estate that secures the loan; | 21021 |
| (c) The loan is paid in full with the proceeds of an | 21022 |
| insurance claim against an insurance policy that insures the life | 21023 |
| of the borrower or an insurance policy that covers loss, damage, | 21024 |
| or destruction of the real estate that secures the loan. | 21025 |
| (3) Division (G) of this section is not a limitation on | 21026 |
| discount points or other charges for purposes of section 501(b)(4) | 21027 |
| of the "Depository Institutions Deregulation and Monetary Control | 21028 |
| Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7 note. | 21029 |
| (H)(1) In addition to the interest and charges provided for | 21030 |
| by this section, no further or other amount, whether in the form | 21031 |
| of broker fees, placement fees, or any other fees whatsoever, | 21032 |
| shall be charged or received by the registrant, except costs and | 21033 |
| disbursements in connection with any suit to collect a loan or any | 21034 |
| lawful activity to realize on a security interest or mortgage | 21035 |
| after default, including reasonable attorney fees, as limited by | 21036 |
| division (H)(3) of this section, incurred by the registrant as a | 21037 |
| result of the suit or activity and to which the registrant | 21038 |
| becomes entitled by law, and except the following additional | 21039 |
| charges which may be included in the principal amount of the loan | 21040 |
| or collected at any time after the loan is made: | 21041 |
| (a) The amounts of fees authorized by law to record, file, or | 21042 |
| release security interests and mortgages on a loan; | 21043 |
| (b) With respect to a loan secured by an interest in real | 21044 |
| estate, the following closing costs, if they are bona fide, | 21045 |
| reasonable in amount, paid to third parties, and not for the | 21046 |
| purpose of circumvention or evasion of this section: | 21047 |
| (i) Fees or premiums for title examination, abstract of | 21048 |
| title, title insurance, surveys, title endorsements, title | 21049 |
| binders, title commitments, home inspections, or pest inspections; | 21050 |
| settlement or closing costs paid by unaffiliated third parties, | 21051 |
| provided the costs are not for underwriting or processing | 21052 |
| services; courier fees; and any federally mandated flood plain | 21053 |
| certification fee; | 21054 |
| (ii) If not paid to the registrant, an employee of the | 21055 |
|
registrant, or a person | 21056 |
| fees for preparation of a mortgage, settlement statement, or other | 21057 |
| documents, fees for notarizing mortgages and other documents, | 21058 |
| appraisal fees, and fees for any federally mandated inspection of | 21059 |
| home improvement work financed by a second mortgage loan; | 21060 |
| (c) Fees for credit investigations not exceeding ten dollars. | 21061 |
| (2) Division (H)(1) of this section does not limit the rights | 21062 |
| of registrants to engage in other transactions with borrowers, | 21063 |
| provided the transactions are not a condition of the loan. | 21064 |
| (I) If the loan contract or security instrument contains | 21065 |
| covenants by the borrower to perform certain duties pertaining to | 21066 |
| insuring or preserving security and the registrant pursuant to the | 21067 |
| loan contract or security instrument pays for performance of the | 21068 |
| duties on behalf of the borrower, the registrant may add the | 21069 |
| amounts paid to the unpaid principal balance of the loan or | 21070 |
| collect them separately. A charge for interest may be made for | 21071 |
| sums advanced not exceeding the rate of interest permitted by | 21072 |
| division (A) of this section. Within a reasonable time after | 21073 |
| advancing a sum, the registrant shall notify the borrower in | 21074 |
| writing of the amount advanced, any interest charged with respect | 21075 |
| to the amount advanced, any revised payment schedule, and shall | 21076 |
| include a brief description of the reason for the advance. | 21077 |
| (J)(1) In addition to points authorized under division (G) of | 21078 |
| this section, a registrant may charge and receive the following: | 21079 |
| (a) With respect to | 21080 |
|
estate: if the principal amount of
the loan is
| 21081 |
| hundred dollars or less, loan origination charges not exceeding | 21082 |
|
fifteen dollars; if the
principal amount of
the loan is | 21083 |
| more than five hundred dollars but less than one thousand | 21084 |
| dollars, loan origination charges not exceeding thirty dollars; | 21085 |
| if the principal amount of the loan is at least one thousand | 21086 |
| dollars but less than two thousand dollars, loan origination | 21087 |
| charges not exceeding one hundred dollars; if the principal | 21088 |
| amount of the loan is at least two thousand dollars but less than | 21089 |
| five thousand dollars, loan origination charges not exceeding two | 21090 |
| hundred dollars; and if the principal amount of the loan is at | 21091 |
| least five thousand dollars, loan origination charges not | 21092 |
| exceeding the greater of two hundred fifty dollars or one per | 21093 |
| cent of the principal amount of the loan. | 21094 |
| (b) With respect to | 21095 |
|
goods or real estate: if the principal amount
of
the loan is | 21096 |
| 21097 | |
| exceeding fifteen dollars; if the principal amount of the loan is | 21098 |
| 21099 | |
| thousand dollars, loan origination charges not exceeding thirty | 21100 |
| dollars; if the principal amount of the loan is at least one | 21101 |
| thousand dollars but less than five thousand dollars, loan | 21102 |
| origination charges not exceeding one hundred dollars; and if the | 21103 |
| principal amount of the loan is at least five thousand dollars, | 21104 |
| loan origination charges not exceeding the greater of two hundred | 21105 |
| fifty dollars or one per cent of the principal amount of the loan. | 21106 |
| (2) If a refinancing occurs within ninety days after the date | 21107 |
| of the refinanced loan, a registrant may not impose loan | 21108 |
| origination charges on the portion of the principal amount that is | 21109 |
| applied to the unpaid principal amount of the refinanced loan. | 21110 |
| (3) Loan origination charges may be paid by the borrower at | 21111 |
| the time of the loan or may be included in the principal amount of | 21112 |
| the loan. | 21113 |
| (K) A registrant may charge and receive check collection | 21114 |
| charges not greater than twenty dollars plus any amount passed on | 21115 |
|
from other | 21116 |
| negotiable order of withdrawal, share draft, or other negotiable | 21117 |
| instrument returned or dishonored for any reason. | 21118 |
| (L) If the loan contract so provides, a registrant may | 21119 |
| collect a default charge on any installment not paid in full | 21120 |
| within ten days after its due date. For this purpose, all | 21121 |
| installments are considered paid in the order in which they become | 21122 |
| due. Any amounts applied to an outstanding loan balance as a | 21123 |
| result of voluntary release of a security interest, sale of | 21124 |
| security on the loan, or cancellation of insurance shall be | 21125 |
| considered payments on the loan, unless the parties otherwise | 21126 |
| agree in writing at the time the amounts are applied. The amount | 21127 |
| of the default charge shall not exceed the greater of five per | 21128 |
| cent of the scheduled installment or fifteen dollars. | 21129 |
| Sec. 1321.59. (A) No registrant under sections 1321.51 to | 21130 |
| 1321.60 of the Revised Code shall permit any borrower to be | 21131 |
| indebted for a loan made under sections 1321.51 to 1321.60 of the | 21132 |
| Revised Code at any time while the borrower is also indebted to an | 21133 |
| affiliate or agent of the registrant for a loan made under | 21134 |
| sections 1321.01 to 1321.19 of the Revised Code for the purpose or | 21135 |
| with the result of obtaining greater charges than otherwise would | 21136 |
| be permitted by sections 1321.51 to 1321.60 of the Revised Code. | 21137 |
| (B) No registrant shall induce or permit any person to become | 21138 |
| obligated to the registrant under sections 1321.51 to 1321.60 of | 21139 |
| the Revised Code, directly or contingently, or both, under more | 21140 |
| than one contract of loan at the same time for the purpose or with | 21141 |
| the result of obtaining greater charges than would otherwise be | 21142 |
| permitted by sections 1321.51 to 1321.60 of the Revised Code. | 21143 |
| (C) No registrant shall refuse to provide information | 21144 |
| regarding the amount required to pay in full a loan under sections | 21145 |
| 1321.51 to 1321.60 of the Revised Code when requested by the | 21146 |
| borrower or by another person designated in writing by the | 21147 |
| borrower. | 21148 |
| (D) On any loan or application for a loan under sections | 21149 |
| 1321.51 to 1321.60 of the Revised Code secured by a mortgage on a | 21150 |
| borrower's real estate which is other than a first lien on the | 21151 |
| real estate, no person shall pay or receive, directly or | 21152 |
| indirectly, fees or any other type of compensation for services of | 21153 |
| a mortgage broker that, in the aggregate, exceed the lesser of one | 21154 |
| thousand dollars or one per cent of the principal amount of the | 21155 |
| loan. | 21156 |
| (E) No registrant or licensee shall obtain a certificate of | 21157 |
| registration or license through any false or fraudulent | 21158 |
| representation of a material fact or any omission of a material | 21159 |
| fact required by state or federal law, or make any substantial | 21160 |
| misrepresentation in the registration or license application. | 21161 |
| (F) No registrant or licensee shall make false or misleading | 21162 |
| statements of a material fact, omissions of statements required by | 21163 |
| state or federal law, or false promises regarding a material fact, | 21164 |
| through advertising or other means, or engage in a continued | 21165 |
| course of misrepresentations. | 21166 |
| (G) No registrant, licensee, or person making residential | 21167 |
| mortgage loans without a certificate of registration in violation | 21168 |
| of division (A) of section 1321.52 of the Revised Code, shall | 21169 |
| engage in conduct that constitutes improper, fraudulent, or | 21170 |
| dishonest dealings. | 21171 |
| (H) No registrant, licensee, or applicant shall fail to | 21172 |
| notify the division of financial institutions within thirty days | 21173 |
| after any of the following: | 21174 |
| (1) Been convicted of or pleading guilty to a felony offense | 21175 |
| in a domestic, foreign, or military court; | 21176 |
| (2) Been convicted of or pleading guilty to any criminal | 21177 |
| offense involving theft, receiving stolen property, embezzlement, | 21178 |
| forgery, fraud, passing bad checks, money laundering, breach of | 21179 |
| trust, dishonesty, or drug trafficking, or any criminal offense | 21180 |
| involving money or securities, in a domestic, foreign, or military | 21181 |
| court; | 21182 |
| (3) Having a mortgage lender registration or mortgage loan | 21183 |
| originator license, or comparable authority, revoked in any | 21184 |
| governmental jurisdiction. | 21185 |
| (I) No registrant or licensee shall knowingly make, propose, | 21186 |
| or solicit fraudulent, false, or misleading statements on any | 21187 |
| mortgage document or on any document related to a mortgage loan, | 21188 |
| including a mortgage application, real estate appraisal, or real | 21189 |
| estate settlement or closing document. For purposes of this | 21190 |
| division, "fraudulent, false, or misleading statements" does not | 21191 |
| include mathematical errors, inadvertent transposition of numbers, | 21192 |
| typographical errors, or any other bona fide error. | 21193 |
| (J) No registrant or licensee shall knowingly instruct, | 21194 |
| solicit, propose, or otherwise cause a borrower to sign in blank a | 21195 |
| loan related document. | 21196 |
| (K) No registrant or licensee shall knowingly compensate, | 21197 |
| instruct, induce, coerce, or intimidate, or attempt to compensate, | 21198 |
| instruct, induce, coerce, or intimidate, a person licensed or | 21199 |
| certified as an appraiser under Chapter 4763. of the Revised Code | 21200 |
| for the purpose of corrupting or improperly influencing the | 21201 |
| independent judgment of the person with respect to the value of | 21202 |
| the dwelling offered as security for repayment of a mortgage loan. | 21203 |
| (L) No registrant or licensee shall retain original documents | 21204 |
| provided to the registrant or licensee by the borrower in | 21205 |
| connection with the residential mortgage loan application, | 21206 |
| including income tax returns, account statements, or other | 21207 |
| financial related documents. | 21208 |
| (M) No registrant or licensee shall receive, directly or | 21209 |
| indirectly, a premium on the fees charged for services performed | 21210 |
| by a bona fide third party. | 21211 |
| (N) No registrant or licensee shall pay or receive, directly | 21212 |
| or indirectly, a referral fee or kickback of any kind to or from a | 21213 |
| bona fide third party or other party with a related interest in | 21214 |
| the transaction, including a home improvement builder, real estate | 21215 |
| developer, or real estate broker or agent, for the referral of | 21216 |
| business. | 21217 |
| Sec. 1321.591. (A) No registrant or licensee shall use | 21218 |
| unfair, deceptive, or unconscionable means to collect or attempt | 21219 |
| to collect any claim. | 21220 |
| (B) Conduct or activities deemed to violate division (A) of | 21221 |
| this section include, but are not limited to, the following: | 21222 |
| (1) Collecting or attempting to collect any interest or other | 21223 |
| charge, fee, or expense incidental to the principal obligation, | 21224 |
| unless the interest or other fee, charge, or expense is expressly | 21225 |
| authorized by the agreement creating the obligation and by law; | 21226 |
| (2) Communicating with a consumer whenever it is known that | 21227 |
| the consumer is represented by an attorney and the attorney's name | 21228 |
| and address are known, or could be easily ascertained, unless the | 21229 |
| attorney fails to answer correspondence, return phone calls, or | 21230 |
| discuss the obligation in question or unless the attorney consents | 21231 |
| to direct communication with the consumer; | 21232 |
| (3) Placing a telephone call or otherwise communicating by | 21233 |
| telephone with a consumer or third party at any location, | 21234 |
| including a place of employment, and falsely stating that the call | 21235 |
| is urgent or an emergency; | 21236 |
| (4) Using profane or obscene language or language that is | 21237 |
| intended to unreasonably abuse the listener or reader; | 21238 |
| (5) Placing telephone calls without disclosure of the | 21239 |
| caller's identity and with the intent to annoy, harass, or | 21240 |
| threaten any person at the number called; | 21241 |
| (6) Causing expense to any person in the form of long | 21242 |
| distance telephone tolls, text messaging fees, or other charges | 21243 |
| incurred by a form of communication, by concealing the true | 21244 |
| purpose of the communication; | 21245 |
| (7) Causing a telephone to ring or engaging any person in | 21246 |
| telephone conversation repeatedly or continuously, or at unusual | 21247 |
| times or at times known to be inconvenient, with the intent to | 21248 |
| annoy, abuse, oppress, or threaten any person at the called | 21249 |
| number. | 21250 |
| Sec. 1321.592. (A) In connection with providing a | 21251 |
| non-brokered loan secured by a lien on real property, a registrant | 21252 |
| or licensee shall, not earlier than three business days nor later | 21253 |
| than twenty-four hours before the loan is closed, deliver to the | 21254 |
| borrower a written disclosure that includes the following: | 21255 |
| (1) A statement indicating whether property taxes will be | 21256 |
| escrowed; | 21257 |
| (2) A description of what is covered by the regular monthly | 21258 |
| payment, including principal, interest, taxes, and insurance, as | 21259 |
| applicable. | 21260 |
| (B) If a residential mortgage loan applied for will exceed | 21261 |
| ninety per cent of the value of the real property, the registrant | 21262 |
| shall provide a statement to the borrower within three business | 21263 |
| days after taking the loan application, printed in boldface type | 21264 |
| of the minimum size of sixteen points, as follows: "You are | 21265 |
| applying for a loan that is more than 90% of your home's value. It | 21266 |
| will be hard for you to refinance this loan. If you sell your | 21267 |
| home, you might owe more money on the loan than you get from the | 21268 |
| sale." | 21269 |
| (C) No registrant or licensee shall fail to comply with this | 21270 |
| section. | 21271 |
| Sec. 1321.593. (A) A registrant, licensee, and any person | 21272 |
| required to be registered or licensed under sections 1321.51 to | 21273 |
| 1321.60 of the Revised Code, in addition to duties imposed by | 21274 |
| other statutes or common law, shall do all of the following: | 21275 |
| (1) Safeguard and account for any money handled for the | 21276 |
| borrower; | 21277 |
| (2) Follow reasonable and lawful instructions from the | 21278 |
| borrower; | 21279 |
| (3) Act with reasonable skill, care, and diligence; | 21280 |
| (4) Act in good faith and with fair dealing in any | 21281 |
| transaction, practice, or course of business in connection with | 21282 |
| making or originating any loan under sections 1321.51 to 1321.60 | 21283 |
| of the Revised Code; | 21284 |
| (5) In connection with providing a loan secured by a lien on | 21285 |
| real property, make reasonable efforts to provide a residential | 21286 |
| mortgage loan with rates, charges, and repayment terms that are | 21287 |
| advantageous to the borrower. | 21288 |
| (B) Division (A) of this section shall not apply to wholesale | 21289 |
| lenders. However, wholesale lender registrants are subject to all | 21290 |
| other requirements applicable to registrants. For purposes of this | 21291 |
| division, "wholesale lender" means a company that has been issued | 21292 |
| a certificate of registration and that enters into transactions | 21293 |
| with borrowers exclusively through unaffiliated third-party | 21294 |
| mortgage brokers or lenders. | 21295 |
| (C) The duties and standards of care created in this section | 21296 |
| cannot be waived or modified. | 21297 |
| (D)(1) A borrower injured by a failure to comply with this | 21298 |
| section may bring an action for recovery of damages. | 21299 |
| (2) Damages awarded under division (D)(1) of this section | 21300 |
| shall not be less than all compensation paid directly or | 21301 |
| indirectly to a registrant from any source, plus reasonable | 21302 |
| attorney's fees and court costs. | 21303 |
| (3) The borrower may be awarded punitive damages. | 21304 |
| (E) A borrower injured by a failure to comply with this | 21305 |
| section is precluded from recovering any damages, attorney's fees, | 21306 |
| or costs, if the borrower has already recovered those damages, | 21307 |
| fees, or costs in a cause of action initiated under any other | 21308 |
| provision of sections 1321.51 to 1321.60 of the Revised Code and | 21309 |
| the recovery of damages for a failure to comply with this section | 21310 |
| is based on the same acts or circumstances as the recovery of | 21311 |
| damages under the other provision. | 21312 |
| Sec. 1321.594. (A) In connection with making a non-brokered | 21313 |
| residential mortgage, no registrant or licensee shall fail to do | 21314 |
| either of the following: | 21315 |
| (1) Timely inform the borrower of any material change in the | 21316 |
| terms of the residential mortgage loan. For purposes of division | 21317 |
| (A) (1) of this section, "material change" means the following: | 21318 |
| (a) A change in the type of residential mortgage loan being | 21319 |
| offered, such as a fixed or variable rate loan or a loan with a | 21320 |
| balloon payment; | 21321 |
| (b) A change in the term of the loan, as reflected in the | 21322 |
| number of monthly payments due before a final payment is scheduled | 21323 |
| to be made; | 21324 |
| (c) A change in the interest rate of more than 0.15%; | 21325 |
| (d) A change in the regular total monthly payment, including | 21326 |
| principal, interest, any required mortgage insurance, and any | 21327 |
| escrowed taxes or property insurance, of more than five per cent; | 21328 |
| (e) A change regarding whether the escrow of taxes or | 21329 |
| insurance will be required; | 21330 |
| (f) A change regarding whether private mortgage insurance | 21331 |
| will be required. | 21332 |
| (2) Timely inform the borrower if any fees payable by the | 21333 |
| borrower to the licensee, registrant, or lender increase by more | 21334 |
| than ten per cent or one hundred dollars, whichever is greater. | 21335 |
| (B) The disclosures required by this section shall be deemed | 21336 |
| timely if the registrant or licensee provides the borrower with | 21337 |
| the revised information not later than twenty-four hours after the | 21338 |
| change occurs, or twenty-four hours before the loan is closed, | 21339 |
| whichever is earlier. | 21340 |
| (C) If an increase in the total amount of the fee to be paid | 21341 |
| by the borrower to the registrant or licensee is not disclosed in | 21342 |
| accordance with division (A)(2) of this section, the registrant or | 21343 |
| licensees shall refund to the borrower the amount by which the fee | 21344 |
| was increased. If the fee is financed into the loan, the | 21345 |
| registrant or licensee shall also refund to the borrower the | 21346 |
| interest that would accrue over the term of the loan on that | 21347 |
| excess amount. | 21348 |
| Sec. 1321.595. (A)(1) A borrower injured by a violation of | 21349 |
| or failure to comply with section 1321.59, 1321.592, 1321.594, or | 21350 |
| 1321.60 of the Revised Code may bring an action for the recovery | 21351 |
| of damages. | 21352 |
| (2) Damages awarded under division (A)(1) of this section | 21353 |
| shall not be less than all compensation paid directly and | 21354 |
| indirectly to a lender or mortgage loan originator from any | 21355 |
| source, plus reasonable attorney's fees and court costs. | 21356 |
| (3) The borrower may be awarded punitive damages. | 21357 |
| (B) Nothing in this section prevents the recovery of damages | 21358 |
| under division (D) or (G) of section 1321.52, section 1321.56, or | 21359 |
| section 1321.593 of the Revised Code. | 21360 |
| (C) A borrower injured by a violation of or failure to comply | 21361 |
| with any of the sections specified in division (A)(1) of this | 21362 |
| section is precluded from recovering any damages, plus reasonable | 21363 |
| attorney's fees and costs, if the borrower has also recovered any | 21364 |
| damages in a cause of action initiated under section 1321.593 of | 21365 |
| the Revised Code and the recovery of damages for a violation of or | 21366 |
| failure to comply with any of the sections specified in division | 21367 |
| (A)(1) of this section is based on the same acts or circumstances | 21368 |
| as the recovery of damages under division (D) or (G) of section | 21369 |
| 1321.52, section 1321.56, or section 1321.593 of the Revised Code. | 21370 |
| Sec. 1321.60. (A)(1) Advertising for loans subject to | 21371 |
| sections 1321.51 to 1321.60 of the Revised Code shall not be | 21372 |
| false, misleading, or deceptive. | 21373 |
| (2) False, misleading, or deceptive advertising includes, but | 21374 |
| is not limited to, the following: | 21375 |
| (a) Any advertisement indicating that special terms, reduced | 21376 |
| rates, guaranteed rates, particular rates, or any other special | 21377 |
| feature of mortgage loans is available unless the advertisement | 21378 |
| clearly states any limitations that apply; | 21379 |
| (b) Any advertisement containing a rate or special fee offer | 21380 |
| that is not a bona fide available rate or fee. | 21381 |
| (B) In making any advertisement, a registrant shall comply | 21382 |
| with 12 C.F.R. 226.16, as amended. | 21383 |
| Sec. 1321.99. (A) Whoever violates section 1321.02 of the | 21384 |
| Revised Code is guilty of a felony of the fifth degree. | 21385 |
| (B) Whoever violates section 1321.13 of the Revised Code | 21386 |
| shall be fined not less than one hundred nor more than five | 21387 |
| hundred dollars or imprisoned not more than six months, or both. | 21388 |
| (C) Whoever violates section 1321.14 of the Revised Code | 21389 |
| shall be fined not less than fifty nor more than two hundred | 21390 |
| dollars for a first offense; for a second offense such person | 21391 |
| shall be fined not less than two hundred nor more than five | 21392 |
| hundred dollars and imprisoned for not more than six months. | 21393 |
| (D) Whoever willfully violates section 1321.57, 1321.58, | 21394 |
| division (A), (B), (C), or (D) of section 1321.59, 1321.591, or | 21395 |
| 1321.60 of the Revised Code is guilty of a minor misdemeanor and | 21396 |
| shall be fined not less than one nor more than five hundred | 21397 |
| dollars. | 21398 |
| (E) Whoever violates section 1321.52 or division (I), (J), | 21399 |
| (K), (L), or (M) of section 1321.59 of the Revised Code is guilty | 21400 |
| of a felony of the fifth degree. | 21401 |
| (F) Whoever violates division (A) of section 1321.73 of the | 21402 |
| Revised Code shall be fined not more than five hundred dollars or | 21403 |
| imprisoned not more than six months, or both. | 21404 |
| (G) Whoever violates section 1321.41 of the Revised Code is | 21405 |
| guilty of a misdemeanor of the first degree. | 21406 |
| (H) Whoever violates division (N) of section 1321.59 of the | 21407 |
| Revised Code is guilty of a felony of the fourth degree. | 21408 |
| (I) The imposition of fines pursuant to this section does not | 21409 |
| preclude the imposition of any administrative fines or civil | 21410 |
| penalties authorized under section 1321.54 or any other section of | 21411 |
| the Revised Code. | 21412 |
| Sec. 1322.01. As used in sections 1322.01 to 1322.12 of the | 21413 |
| Revised Code: | 21414 |
| (A) "Buyer" means an individual who is solicited to purchase | 21415 |
| or who purchases the services of a mortgage broker for purposes | 21416 |
| 21417 | |
| 21418 | |
| 21419 |
| (B) "Consumer reporting agency" has the same meaning as in | 21420 |
| the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, | 21421 |
| as amended. | 21422 |
| (C) "Employee" means an individual for whom a mortgage | 21423 |
| broker, in addition to providing a wage or salary, pays social | 21424 |
| security and unemployment taxes, provides workers' compensation | 21425 |
| coverage, and withholds local, state, and federal income taxes. | 21426 |
|
"Employee" also includes any | 21427 |
| 21428 | |
|
operations manager of | 21429 |
| registrant is prevented by law from making income tax | 21430 |
| withholdings. | 21431 |
| (D) "Licensee" means any | 21432 |
|
issued a loan
| 21433 |
| 1322.12 of the Revised Code. | 21434 |
| (E)(1) "Loan | 21435 |
|
who | 21436 |
|
compensation or | 21437 |
| 21438 | |
| 21439 | |
| 21440 | |
| following: | 21441 |
| (a) Takes or offers to take a residential mortgage loan | 21442 |
| application; | 21443 |
| (b) Assists or offers to assist a buyer in obtaining or | 21444 |
| applying to obtain a residential mortgage loan by, among other | 21445 |
| things, advising on loan terms, including rates, fees, and other | 21446 |
| costs; | 21447 |
| (c) Offers or negotiates terms of a residential mortgage | 21448 |
| loan; | 21449 |
| (d) Issues or offers to issue a commitment for a residential | 21450 |
| mortgage loan to a buyer. | 21451 |
| (2) "Loan originator" does not include any of the following: | 21452 |
| (a) An individual who performs purely administrative or | 21453 |
| clerical tasks on behalf of a loan originator; | 21454 |
| (b) A person licensed under Chapter 4735. of the Revised | 21455 |
| Code, or under the similar law of another state, who performs only | 21456 |
| real estate brokerage activities permitted by that license, | 21457 |
| provided the person is not compensated by a mortgage lender, | 21458 |
| mortgage broker, loan originator, or by any agent thereof; | 21459 |
| (c) A person solely involved in extensions of credit relating | 21460 |
| to timeshare plans, as that term is defined in 11 U.S.C. 101 in | 21461 |
| effect on January 1, 2008; | 21462 |
| (d) An employee of a registrant who acts solely as a loan | 21463 |
| processor or underwriter and who does not represent to the public, | 21464 |
| through advertising or other means of communicating, including the | 21465 |
| use of business cards, stationery, brochures, signs, rate lists, | 21466 |
| or other promotional items, that the employee can or will perform | 21467 |
| any of the activities of a loan originator; | 21468 |
| (e) A mortgage loan originator licensed under sections | 21469 |
| 1321.51 to 1321.60 of the Revised Code, when acting solely under | 21470 |
| that authority; | 21471 |
| (f) A licensed attorney who negotiates the terms of a | 21472 |
| residential mortgage loan on behalf of a client as an ancillary | 21473 |
| matter to the attorney's representation of the client, unless the | 21474 |
| attorney is compensated by a lender, a mortgage broker, or another | 21475 |
| loan originator, or by any agent thereof; | 21476 |
| (g) Any person engaged in the retail sale of manufactured or | 21477 |
| mobile homes if, in connection with obtaining financing by others | 21478 |
| for those retail sales, the person only assists the borrower by | 21479 |
| providing or transmitting the loan application and does not do any | 21480 |
| of the following: | 21481 |
| (i) Offer or negotiate the residential mortgage loan rates or | 21482 |
| terms; | 21483 |
| (ii) Provide any counseling with borrowers about residential | 21484 |
| mortgage loan rates or terms; | 21485 |
| (iii) Receive any payment or fee from any company or | 21486 |
| individual for assisting the borrower obtain or apply for | 21487 |
| financing to purchase the manufactured or mobile home; | 21488 |
| (iv) Assist the borrower in completing a residential mortgage | 21489 |
| loan application. | 21490 |
| (F) "Mortgage" means any indebtedness secured by a deed of | 21491 |
| trust, security deed, or other lien on real property. | 21492 |
| (G)(1) "Mortgage broker" means any of the following: | 21493 |
| | 21494 |
| assist a buyer in obtaining a mortgage and charges or receives | 21495 |
| from either the buyer or lender money or other valuable | 21496 |
| consideration readily convertible into money for providing this | 21497 |
| assistance; | 21498 |
| | 21499 |
| information from the public, provides that information to a | 21500 |
| mortgage broker or a person that makes residential mortgage loans, | 21501 |
|
and charges or receives from | 21502 |
| money or other valuable consideration readily convertible into | 21503 |
| money for providing the information; | 21504 |
| | 21505 |
| mortgage loans that are first lien residential mortgage loans. | 21506 |
| (2) "Mortgage broker" does not include any of the following: | 21507 |
| (a) A person that makes residential mortgage loans and | 21508 |
| receives a scheduled payment on each of those mortgage loans; | 21509 |
| (b) Any entity chartered and lawfully doing business under | 21510 |
| the authority of any law of this state, another state, or the | 21511 |
| United States as a bank, savings bank, trust company, savings and | 21512 |
| loan association, or credit union, or a subsidiary of any such | 21513 |
| entity, which subsidiary is regulated by a federal banking agency | 21514 |
| and is owned and controlled by a depository institution; | 21515 |
| (c) A consumer reporting agency that is in substantial | 21516 |
| compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15 | 21517 |
| U.S.C.A. 1681a, as amended; | 21518 |
| (d) Any political subdivision, or any governmental or other | 21519 |
| public entity, corporation, instrumentality, or agency, in or of | 21520 |
| the United States or any state; | 21521 |
| (e) A college or university, or controlled entity of a | 21522 |
| college or university, as those terms are defined in section | 21523 |
| 1713.05 of the Revised Code; | 21524 |
| (f) Any entity created solely for the purpose of securitizing | 21525 |
| loans secured by an interest in real estate, provided the entity | 21526 |
| does not service the loans. For purposes of division (G)(2)(f) of | 21527 |
| this section "securitizing" means the packaging and sale of | 21528 |
| mortgage loans as a unit for sale as investment securities, but | 21529 |
| only to the extent of those activities. | 21530 |
| (g) Any person engaged in the retail sale of manufactured or | 21531 |
| mobile homes if, in connection with obtaining financing by others | 21532 |
| for those retail sales, the person only assists the borrower by | 21533 |
| providing or transmitting the loan application and does not do any | 21534 |
| of the following: | 21535 |
| (i) Offer or negotiate the residential mortgage loan rates or | 21536 |
| terms; | 21537 |
| (ii) Provide any counseling with borrowers about residential | 21538 |
| mortgage loan rates or terms; | 21539 |
| (iii) Receive any payment or fee from any company or | 21540 |
| individual for assisting the borrower obtain or apply for | 21541 |
| financing to purchase the manufactured or mobile home; | 21542 |
| (iv) Assist the borrower in completing the residential | 21543 |
| mortgage loan application. | 21544 |
| (h) A mortgage banker, provided it complies with section | 21545 |
| 1322.022 of the Revised Code and holds a valid letter of exemption | 21546 |
| issued by the superintendent. For purposes of this section, | 21547 |
| "mortgage banker" means any person that makes, services, buys, or | 21548 |
| sells only residential mortgage loans secured by a first lien, | 21549 |
| that underwrites the loans, and that meets at least one of the | 21550 |
| following criteria: | 21551 |
| (i) The person has been directly approved by the United | 21552 |
| States department of housing and urban development as a | 21553 |
| nonsupervised mortgagee with participation in the direct | 21554 |
| endorsement program. Division (G)(2)(h)(i) of this section | 21555 |
| includes a person that has been directly approved by the United | 21556 |
| States department of housing and urban development as a | 21557 |
| nonsupervised mortgagee with participation in the direct | 21558 |
| endorsement program and that makes loans in excess of the | 21559 |
| applicable loan limit set by the federal national mortgage | 21560 |
| association, provided that the loans in all respects, except loan | 21561 |
| amounts, comply with the underwriting and documentation | 21562 |
| requirements of the United States department of housing and urban | 21563 |
| development. Division (G)(2)(h)(i) of this section does not | 21564 |
| include a mortgagee approved as a loan correspondent. | 21565 |
| (ii) The person has been directly approved by the federal | 21566 |
| national mortgage association as a seller/servicer. Division | 21567 |
| (G)(2)(h)(ii) of this section includes a person that has been | 21568 |
| directly approved by the federal national mortgage association as | 21569 |
| a seller/servicer and that makes loans in excess of the applicable | 21570 |
| loan limit set by the federal national mortgage association, | 21571 |
| provided that the loans in all respects, except loan amounts, | 21572 |
| comply with the underwriting and documentation requirements of the | 21573 |
| federal national mortgage association. | 21574 |
| (iii) The person has been directly approved by the federal | 21575 |
| home loan mortgage corporation as a seller/servicer. Division | 21576 |
| (G)(2)(h)(iii) of this section includes a person that has been | 21577 |
| directly approved by the federal home loan mortgage corporation as | 21578 |
| a seller/servicer and that makes loans in excess of the applicable | 21579 |
| loan limit set by the federal home loan mortgage corporation, | 21580 |
| provided that the loans in all respects, except loan amounts, | 21581 |
| comply with the underwriting and documentation requirements of the | 21582 |
| federal home loan mortgage corporation. | 21583 |
| (iv) The person has been directly approved by the United | 21584 |
| States department of veterans affairs as a nonsupervised automatic | 21585 |
| lender. Division (G)(2)(h)(iv) of this section does not include a | 21586 |
| person directly approved by the United States department of | 21587 |
| veterans affairs as a nonsupervised lender, an agent of a | 21588 |
| nonsupervised automatic lender, or an agent of a nonsupervised | 21589 |
| lender. | 21590 |
| (H) "Operations manager" means the | 21591 |
| owner responsible for the everyday operations, compliance | 21592 |
| requirements, and management of a mortgage broker business. | 21593 |
| (I) " | 21594 |
| individual to whom both of the following apply: | 21595 |
| (1) | 21596 |
| 21597 | |
| 21598 | |
| of a depository institution, a subsidiary that is owned and | 21599 |
| controlled by a depository institution and regulated by a federal | 21600 |
| banking agency, or an institution regulated by the farm credit | 21601 |
| administration. | 21602 |
| (2) | 21603 |
| | 21604 |
| 21605 | |
| identifier through, the nationwide mortgage licensing system and | 21606 |
| registry. | 21607 |
| (J) "Registrant" means any person that has been issued a | 21608 |
| mortgage broker certificate of registration under sections 1322.01 | 21609 |
| to 1322.12 of the Revised Code. | 21610 |
| (K) "Superintendent of financial institutions" includes the | 21611 |
| deputy superintendent for consumer finance as provided in section | 21612 |
| 1181.21 of the Revised Code. | 21613 |
| (L) "Table-funding mortgage loan" means a residential | 21614 |
| mortgage loan transaction in which the residential mortgage loan | 21615 |
| is initially payable to the mortgage broker, the mortgage broker | 21616 |
| does not use the mortgage broker's own funds to fund the | 21617 |
| transaction, and, by the terms of the mortgage or other agreement, | 21618 |
| the mortgage is simultaneously assigned to another person. | 21619 |
| (M) "Warehouse-lending mortgage loan" means a residential | 21620 |
| mortgage loan transaction in which the residential mortgage loan | 21621 |
| is initially payable to the mortgage broker, the mortgage broker | 21622 |
| uses the mortgage broker's own funds to fund the transaction, and | 21623 |
| the mortgage is sold or assigned before the mortgage broker | 21624 |
| receives a scheduled payment on the residential mortgage loan. | 21625 |
| (N) "Administrative or clerical tasks" means the receipt, | 21626 |
| collection, and distribution of information common for the | 21627 |
| processing or underwriting of a loan in the mortgage industry, and | 21628 |
| communication with a consumer to obtain information necessary for | 21629 |
| the processing or underwriting of a residential mortgage loan. | 21630 |
| (O) "Appraisal company" means a sole proprietorship, | 21631 |
| partnership, corporation, limited liability company, or any other | 21632 |
| business entity or association, that employs or retains the | 21633 |
| services of a person licensed or certified under Chapter 4763. of | 21634 |
| the Revised Code for purposes of performing residential real | 21635 |
| estate appraisals for mortgage loans. | 21636 |
| (P) "Depository institution" has the same meaning as in | 21637 |
| section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 | 21638 |
| U.S.C. 1813, and includes any credit union. | 21639 |
| (Q) "Federal banking agency" means the board of governors of | 21640 |
| the federal reserve system, the comptroller of the currency, the | 21641 |
| director of the office of thrift supervision, the national credit | 21642 |
| union administration, and the federal deposit insurance | 21643 |
| corporation. | 21644 |
| (R) "Immediate family" means an individual's spouse, child, | 21645 |
| stepchild, parent, stepparent, grandparent, grandchild, brother, | 21646 |
| sister, parent-in-law, brother-in-law, or sister-in-law. | 21647 |
| (S) "Individual" means a natural person. | 21648 |
| (T) "Loan processor or underwriter" means an individual who | 21649 |
| performs clerical or support duties at the direction of and | 21650 |
| subject to the supervision and instruction of a loan originator or | 21651 |
| registered loan originator. For purposes of this division, | 21652 |
| "clerical or support duties" includes the following activities: | 21653 |
| (1) The receipt, collection, distribution, and analysis of | 21654 |
| information common for the processing or underwriting of a | 21655 |
| residential mortgage loan; | 21656 |
| (2) Communicating with a buyer to obtain the information | 21657 |
| necessary for the processing or underwriting of a loan, to the | 21658 |
| extent the communication does not include offering or negotiating | 21659 |
| loan rates or terms or counseling buyers about residential | 21660 |
| mortgage loan rates or terms. | 21661 |
| (U) "Nationwide mortgage licensing system and registry" means | 21662 |
| a mortgage licensing system developed and maintained by the | 21663 |
| conference of state bank supervisors and the American association | 21664 |
| of residential mortgage regulators, or their successor entities, | 21665 |
| for the licensing and registration of loan originators, or any | 21666 |
| system established by the secretary of housing and urban | 21667 |
| development pursuant to the "Secure and Fair Enforcement for | 21668 |
| Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101. | 21669 |
| (V) "Nontraditional mortgage product" means any mortgage | 21670 |
| product other than a thirty-year fixed rate mortgage. | 21671 |
| (W) "Real estate brokerage activity" means any activity that | 21672 |
| involves offering or providing real estate brokerage services to | 21673 |
| the public, including all of the following: | 21674 |
| (1) Acting as a real estate agent or real estate broker for a | 21675 |
| buyer, seller, lessor, or lessee of real property; | 21676 |
| (2) Bringing together parties interested in the sale, | 21677 |
| purchase, lease, rental, or exchange of real property, other than | 21678 |
| in connection with providing financing for any such transaction; | 21679 |
| (3) Negotiating, on behalf of any party, any portion of a | 21680 |
| contract relating to the sale, purchase, lease, rental, or | 21681 |
| exchange of real property, other than in connection with providing | 21682 |
| financing for any such transaction; | 21683 |
| (4) Engaging in any activity for which a person engaged in | 21684 |
| that activity is required to be registered or licensed as a real | 21685 |
| estate agent or real estate broker under any applicable law; | 21686 |
| (5) Offering to engage in any activity, or to act in any | 21687 |
| capacity, described in division (W) of this section. | 21688 |
| (X) "Residential mortgage loan" means any loan primarily for | 21689 |
| personal, family, or household use that is secured by a mortgage | 21690 |
| on a dwelling or on residential real estate in this state upon | 21691 |
| which is constructed or intended to be constructed a dwelling. For | 21692 |
| purposes of this division, "dwelling" has the same meaning as in | 21693 |
| section 103 of the "Truth in Lending Act," 82 Stat. 146, 15 U.S.C | 21694 |
| 1602. | 21695 |
| (Y) "State," in the context of referring to states in | 21696 |
| addition to Ohio, means any state of the United States, the | 21697 |
| district of Columbia, any territory of the United States, Puerto | 21698 |
| Rico, Guam, American Samoa, the trust territory of the Pacific | 21699 |
| islands, the virgin islands, and the northern Mariana islands; | 21700 |
| (Z) "Unique identifier" means a number or other identifier | 21701 |
| that permanently identifies a loan originator and is assigned by | 21702 |
| protocols established by the nationwide mortgage licensing system | 21703 |
| and registry or federal banking agencies to facilitate electronic | 21704 |
| tracking of loan originators and uniform identification of, and | 21705 |
| public access to, the employment history of and the publicly | 21706 |
| adjudicated disciplinary and enforcement actions against loan | 21707 |
| originators. | 21708 |
| Sec. 1322.02. (A)(1) No person, on the person's own behalf | 21709 |
| or on behalf of any other person, shall act as a mortgage broker | 21710 |
| without first having obtained a certificate of registration from | 21711 |
| the superintendent of financial institutions for every office to | 21712 |
| be maintained by the person for the transaction of business as a | 21713 |
| mortgage broker in this state. A registrant shall maintain an | 21714 |
| office location in this state for the transaction of business as a | 21715 |
| mortgage broker in this state. | 21716 |
| (2) No person shall act or hold that person's self out as a | 21717 |
| mortgage broker under the authority or name of a registrant or | 21718 |
| person exempt from sections 1322.01 to 1322.12 of the Revised Code | 21719 |
| without first having obtained a certificate of registration from | 21720 |
| the superintendent for every office to be maintained by the person | 21721 |
| for the transaction of business as a mortgage broker in this | 21722 |
| state. | 21723 |
| (B)(1) No | 21724 |
| 21725 | |
| originator employed by or associated with a mortgage broker | 21726 |
| without first having obtained a license from the superintendent. | 21727 |
|
A loan | 21728 |
| a mortgage broker or any person or entity listed in division | 21729 |
| (G)(2) of section 1322.01 of the Revised Code, but shall not be | 21730 |
| employed by or associated with more than one mortgage broker or | 21731 |
| person or entity at any one time. | 21732 |
| (2) An individual acting under the individual's authority as | 21733 |
| a registered loan originator shall not be required to be licensed | 21734 |
| under division (B)(1) of this section. | 21735 |
| (C)(1)
| 21736 |
| 21737 | |
| 21738 | |
| 21739 | |
| 21740 |
| | 21741 |
| 21742 | |
| 21743 | |
| 21744 | |
| 21745 | |
| 21746 | |
| 21747 | |
| 21748 | |
| 21749 | |
| 21750 | |
| 21751 | |
| 21752 | |
| 21753 | |
| 21754 | |
| 21755 |
| | 21756 |
| 21757 | |
| 21758 | |
| 21759 | |
| 21760 | |
| 21761 |
| | 21762 |
| 21763 | |
| 21764 |
| | 21765 |
| 21766 | |
| 21767 |
| | 21768 |
| 21769 | |
| 21770 |
| | 21771 |
| 21772 | |
| 21773 | |
| 21774 | |
| 21775 | |
| 21776 |
| | 21777 |
| 21778 | |
| 21779 | |
| 21780 |
| | 21781 |
| 21782 | |
| 21783 | |
| 21784 | |
| 21785 | |
| 21786 | |
| 21787 | |
| 21788 | |
| 21789 | |
| 21790 | |
| 21791 | |
| 21792 | |
| 21793 | |
| 21794 |
| | 21795 |
| 21796 | |
| 21797 | |
| 21798 | |
| 21799 | |
| 21800 | |
| 21801 | |
| 21802 | |
| 21803 |
| | 21804 |
| 21805 | |
| 21806 | |
| 21807 | |
| 21808 | |
| 21809 | |
| 21810 | |
| 21811 | |
| 21812 |
| | 21813 |
| 21814 | |
| 21815 | |
| 21816 | |
| 21817 | |
| 21818 | |
| 21819 |
| | 21820 |
| 21821 | |
| 21822 | |
| 21823 | |
| 21824 | |
| 21825 | |
| register with, and maintain a valid unique identifier issued by, | 21826 |
| the nationwide mortgage licensing system and registry. | 21827 |
| (2)
| 21828 |
| 21829 | |
| 21830 | |
| 21831 | |
| 21832 | |
| 21833 | |
| any purpose other than as set forth in the "Secure and Fair | 21834 |
| Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810, | 21835 |
| 12 U.S.C. 5101. | 21836 |
| Sec. 1322.022. (A) A mortgage banker seeking exemption from | 21837 |
| registration pursuant to division (G)(2)(h) of section 1322.01 of | 21838 |
| the Revised Code shall submit an application to the superintendent | 21839 |
| of financial institutions along with a nonrefundable fee of three | 21840 |
| hundred fifty dollars for each location of an office to be | 21841 |
| maintained by the mortgage banker. The application shall be in a | 21842 |
| form prescribed by the superintendent and shall include all of the | 21843 |
| following: | 21844 |
| (1) The mortgage banker's business name and state of | 21845 |
| incorporation or business registration; | 21846 |
| (2) The names of the owners, officers, or partners having | 21847 |
| control of the business; | 21848 |
| (3) An attestation to all of the following: | 21849 |
| (a) That the mortgage banker and its owners, officers, or | 21850 |
| partners identified in division (A)(2) of this section have not | 21851 |
| had a mortgage banker license, mortgage broker certificate of | 21852 |
| registration, or loan originator license, or any comparable | 21853 |
| authority, revoked in any governmental jurisdiction; | 21854 |
| (b) That the mortgage banker and its owners, officers, or | 21855 |
| partners identified in division (A)(2) of this section have not | 21856 |
| been convicted of, or pleaded guilty to, any of the following: | 21857 |
| (i) During the seven-year period immediately preceding the | 21858 |
| date of application for exemption, a felony in a domestic, | 21859 |
| foreign, or military court; | 21860 |
| (ii) At any time prior to the date of application for | 21861 |
| exemption, a felony involving an act of fraud, dishonesty, a | 21862 |
| breach of trust, theft, or money laundering in a domestic, | 21863 |
| foreign, or military court; | 21864 |
| (iii) During the seven-year period immediately preceding the | 21865 |
| date of application for exemption, a misdemeanor involving theft | 21866 |
| in a domestic, foreign, or military court. | 21867 |
| (c) That, with respect to financing residential mortgage | 21868 |
| loans, the mortgage banker only conducts business with residents | 21869 |
| of this state, or secures its loans with property located in this | 21870 |
| state, under authority of an approval described in division | 21871 |
| (G)(2)(h) of section 1322.01 of the Revised Code. | 21872 |
| (4) The names of all loan originators or licensees under the | 21873 |
| mortgage banker's control and direction; | 21874 |
| (5) An acknowledgment of understanding that the mortgage | 21875 |
| banker is subject to the regulatory authority of the division of | 21876 |
| financial institutions; | 21877 |
| (6) Any further information that the superintendent may | 21878 |
| require. | 21879 |
| (B)(1) If the superintendent determines that the mortgage | 21880 |
| banker honestly made the attestation required under division | 21881 |
| (A)(3) of this section and otherwise qualifies for exemption, the | 21882 |
| superintendent shall issue a letter of exemption. Additional | 21883 |
| certified copies of a letter of exemption shall be provided upon | 21884 |
| request and the payment of seventy-five dollars per copy. | 21885 |
| (2) If the superintendent determines that the mortgage banker | 21886 |
| does not qualify for exemption, the superintendent shall issue a | 21887 |
| notice of denial, and the mortgage banker may request a hearing in | 21888 |
| accordance with Chapter 119. of the Revised Code. | 21889 |
| (C) All of the following conditions apply to any mortgage | 21890 |
| banker holding a valid letter of exemption: | 21891 |
| (1) The mortgage banker shall be subject to examination in | 21892 |
| the same manner as a registrant with respect to the conduct of the | 21893 |
| mortgage banker's loan originators. In conducting any out-of-state | 21894 |
| examination, a mortgage banker shall be responsible for paying the | 21895 |
| costs of the division in the same manner as a registrant. | 21896 |
| (2) The mortgage banker shall have an affirmative duty to | 21897 |
| supervise the conduct of its loan originators, and to cooperate | 21898 |
| with investigations by the division with respect to that conduct, | 21899 |
| in the same manner as is required of registrants. | 21900 |
| (3) The mortgage banker shall keep and maintain records of | 21901 |
| all transactions relating to the conduct of its loan originators | 21902 |
| in the same manner as is required of registrants. | 21903 |
| (4) The mortgage banker may provide the surety bond for its | 21904 |
| licensees in the same manner as is permitted for registrants. | 21905 |
| (D) A letter of exemption expires annually on the | 21906 |
| thirty-first day of December and may be renewed on or before that | 21907 |
| date by submitting an application that meets the requirements of | 21908 |
| division (A) of this section and a nonrefundable renewal fee of | 21909 |
| three hundred fifty dollars for each location of an office to be | 21910 |
| maintained by the mortgage banker. | 21911 |
| (E) The superintendent may issue a notice to revoke or | 21912 |
| suspend a letter of exemption if the superintendent finds that the | 21913 |
| letter was obtained through a false or fraudulent representation | 21914 |
| of a material fact, or the omission of a material fact, required | 21915 |
| by law, or that a condition for exemption is no longer being met. | 21916 |
| Prior to issuing an order of revocation or suspension, the | 21917 |
| mortgage banker shall be given an opportunity for a hearing in | 21918 |
| accordance with Chapter 119. of the Revised Code. | 21919 |
| (F) All information obtained by the division pursuant to an | 21920 |
| examination or investigation under this section shall be subject | 21921 |
| to the confidentiality requirements set forth in section 1322.061 | 21922 |
| of the Revised Code. | 21923 |
| (G) All money collected under this section shall be deposited | 21924 |
| into the state treasury to the credit of the consumer finance fund | 21925 |
| created in section 1321.21 of the Revised Code. | 21926 |
| Sec. 1322.023. The superintendent of financial institutions | 21927 |
| may, by rule, expand the definition of loan originator or mortgage | 21928 |
| broker in section 1322.01 of the Revised Code by adding | 21929 |
| individuals, persons, or entities, or may exempt additional | 21930 |
| individuals, persons, or entities from those definitions, if the | 21931 |
| superintendent finds that the addition or exemption is consistent | 21932 |
| with the purposes fairly intended by the policy and provisions of | 21933 |
| sections 1322.01 to 1322.12 of the Revised Code and the "Secure | 21934 |
| and Fair Enforcement for Mortgage Licensing Act of 2008," 122 | 21935 |
| Stat. 2810, 12 U.S.C. 5101. | 21936 |
| Rules authorized by this section shall be adopted in | 21937 |
| accordance with Chapter 119. of the Revised Code. | 21938 |
| Sec. 1322.024. (A) Notwithstanding any provision of sections | 21939 |
| 1322.01 to 1322.12 of the Revised Code, or any rule adopted | 21940 |
| thereunder, if the "Secure and Fair Enforcement for Mortgage | 21941 |
| Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101, as | 21942 |
| amended, is modified after the effective date of this section, or | 21943 |
| any regulation, statement, or position is adopted under that act, | 21944 |
| and the item modified or adopted affects any matter within the | 21945 |
| scope of sections 1322.01 to 1322.12 of the Revised Code, the | 21946 |
| superintendent of financial institutions may by rule adopt a | 21947 |
| similar provision. | 21948 |
| (B) The superintendent shall adopt the rules authorized by | 21949 |
| this section in accordance with section 111.15 of the Revised | 21950 |
| Code. Chapter 119. of the Revised Code does not apply to rules | 21951 |
| adopted under the authority of this section. | 21952 |
| (C) A rule adopted by the superintendent under the authority | 21953 |
| of this section is effective on the later of the following dates: | 21954 |
| (1) The date the superintendent issues the rule; | 21955 |
| (2) The date the regulation, rule, interpretation, procedure, | 21956 |
| or guideline the superintendent's rule is based on becomes | 21957 |
| effective. | 21958 |
| (D) The superintendent may, upon thirty days' written notice, | 21959 |
| revoke any rule adopted under the authority of this section. A | 21960 |
| rule adopted under the authority of this section, and not revoked | 21961 |
| by the superintendent, lapses and has no further force and effect | 21962 |
| eighteen months after the rule's effective date. | 21963 |
| Sec. 1322.03. (A) An application for a certificate of | 21964 |
| registration as a mortgage broker shall be in writing, under oath, | 21965 |
| and in the form prescribed by the superintendent of financial | 21966 |
| institutions. The application shall be accompanied by a | 21967 |
|
nonrefundable application fee of | 21968 |
| for each location of an office to be maintained by the applicant | 21969 |
| in accordance with division (A) of section 1322.02 of the Revised | 21970 |
|
Code | 21971 |
| 21972 | |
| 21973 | |
| nationwide mortgage licensing system and registry. The application | 21974 |
| shall provide all of the following: | 21975 |
| (1) The location or locations where the business is to be | 21976 |
| transacted and whether any location is a residence. If any | 21977 |
| location where the business is to be transacted is a residence, | 21978 |
|
the
superintendent may require that the application | 21979 |
|
accompanied by a | 21980 |
|
use of the residence for commercial
purposes, or | 21981 |
| 21982 | |
| county or political subdivision where the residence is located | 21983 |
| certifying that the use of the residence to transact business as a | 21984 |
| mortgage broker is not prohibited by the county or political | 21985 |
|
subdivision. | 21986 |
| 21987 | |
| 21988 |
| (2)(a) In the case of a sole proprietor, the name and address | 21989 |
| of the sole proprietor; | 21990 |
| (b) In the case of a partnership, the name and address of | 21991 |
| each partner; | 21992 |
| (c) In the case of a corporation, the name and address of | 21993 |
| each shareholder owning five per cent or more of the corporation; | 21994 |
| (d) In the case of any other entity, the name and address of | 21995 |
| any person that owns five per cent or more of the entity that will | 21996 |
| transact business as a mortgage broker. | 21997 |
| (3) | 21998 |
| 21999 | |
| 22000 | |
| applicant as the applicant's operations manager. While acting as | 22001 |
| the operations manager, the employee or owner shall be licensed as | 22002 |
| a loan originator under sections 1322.01 to 1322.12 of the Revised | 22003 |
| Code and shall not be employed by any other mortgage broker. | 22004 |
| (4) Evidence that
the | 22005 |
| designated on the application pursuant to division (A)(3) of this | 22006 |
| section, as applicable, possesses at least three years of | 22007 |
| experience in the residential mortgage and lending field, which | 22008 |
| experience may include employment with or as a mortgage broker or | 22009 |
|
with a
| 22010 |
| institution, or other lending institution, or possesses at least | 22011 |
| three years of other experience related specifically to the | 22012 |
| business of residential mortgage loans that the superintendent | 22013 |
| determines meets the requirements of division (A)(4) of this | 22014 |
| section; | 22015 |
| (5) | 22016 |
| 22017 | |
| pursuant to division (A)(3) of this section has successfully | 22018 |
|
completed | 22019 |
| | 22020 |
| pre-licensing instruction
| 22021 |
| 22022 | |
| 22023 |
| | 22024 |
| 22025 | |
| 22026 |
| | 22027 |
| 22028 | |
| 22029 |
| | 22030 |
| 22031 |
| | 22032 |
| 22033 |
| | 22034 |
| 22035 |
| | 22036 |
| 22037 |
| | 22038 |
| 22039 |
| | 22040 |
| 22041 | |
| 22042 | |
| 22043 |
| | 22044 |
| 22045 | |
| 22046 |
| | 22047 |
| 22048 | |
| 22049 |
| | 22050 |
| 22051 | |
| 22052 | |
| 22053 | |
| 22054 | |
| 22055 | |
| 1322.031 of the Revised Code. | 22056 |
| (6) Evidence of compliance with the surety bond requirements | 22057 |
| of section 1322.05 of the Revised Code and with sections 1322.01 | 22058 |
| to 1322.12 of the Revised Code; | 22059 |
| (7) In the case of a foreign business entity, evidence that | 22060 |
| it maintains a license or registration pursuant to Chapter 1703., | 22061 |
| 1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to | 22062 |
| transact business in this state; | 22063 |
| (8) | 22064 |
| 22065 | |
| 22066 | |
| 22067 | |
| 22068 | |
| 22069 | |
| 22070 |
| | 22071 |
| 22072 | |
| 22073 | |
| 22074 | |
| 22075 | |
| 22076 |
| | 22077 |
|
successfully completed the | 22078 |
| division (A) of section 1322.051 of the Revised Code; | 22079 |
| | 22080 |
| requires. | 22081 |
| (B) Upon the filing of the application and payment of the | 22082 |
| nonrefundable application fee and any fee required by the | 22083 |
| nationwide mortgage licensing system and registry, the | 22084 |
| superintendent of financial institutions shall investigate the | 22085 |
| applicant, and any individual whose identity is required to be | 22086 |
| disclosed in the application, as set forth in division (B) of | 22087 |
| this section. | 22088 |
| (1) | 22089 |
| the Revised Code, the superintendent shall obtain a criminal | 22090 |
| history records check and, as part of that records check, request | 22091 |
| that criminal record information from the federal bureau of | 22092 |
| investigation be obtained. To fulfill this requirement, the | 22093 |
|
superintendent shall | 22094 |
| (i) Request the superintendent of the bureau of criminal | 22095 |
| identification and investigation, or a vendor approved by the | 22096 |
| bureau, to conduct a criminal records check based on the | 22097 |
| applicant's fingerprints or, if the fingerprints are unreadable, | 22098 |
| based on the applicant's social security number, in accordance | 22099 |
|
with division
(A) | 22100 |
| 22101 | |
| 22102 |
| (ii) Authorize the nationwide mortgage licensing system and | 22103 |
|
registry to request | 22104 |
| 22105 | |
|
criminal | 22106 |
| (b) Any fee required under division (C)(3) of section 109.572 | 22107 |
| of the Revised Code or by the nationwide mortgage licensing | 22108 |
| system and registry shall be paid by the applicant. | 22109 |
| (2) The superintendent shall conduct a civil records check. | 22110 |
| (3) If, in order to issue a certificate of registration to an | 22111 |
| applicant, additional investigation by the superintendent outside | 22112 |
| this state is necessary, the superintendent may require the | 22113 |
| applicant to advance sufficient funds to pay the actual expenses | 22114 |
| of the investigation, if it appears that these expenses will | 22115 |
|
exceed | 22116 |
| provide the applicant with an itemized statement of the actual | 22117 |
| expenses that the applicant is required to pay. | 22118 |
| (C) The superintendent shall pay all funds advanced and | 22119 |
| application and renewal fees and penalties the superintendent | 22120 |
| receives pursuant to this section and section 1322.04 of the | 22121 |
| Revised Code to the treasurer of state to the credit of the | 22122 |
| consumer finance fund created in section 1321.21 of the Revised | 22123 |
| Code. | 22124 |
| (D) If an application for a mortgage broker certificate of | 22125 |
| registration does not contain all of the information required | 22126 |
| under division (A) of this section, and if that information is not | 22127 |
| submitted to the superintendent within ninety days after the | 22128 |
| superintendent requests the information in writing, the | 22129 |
| superintendent may consider the application withdrawn. | 22130 |
| (E) A mortgage broker certificate of registration and the | 22131 |
| authority granted under that certificate is not transferable or | 22132 |
| assignable and cannot be franchised by contract or any other | 22133 |
| means. | 22134 |
| (F) The registration requirements of this chapter apply to | 22135 |
| any person acting as a mortgage broker, and no person is exempt | 22136 |
| from the requirements of this chapter on the basis of prior work | 22137 |
| or employment as a mortgage broker. | 22138 |
| (G) The superintendent may establish relationships or enter | 22139 |
| into contracts with the nationwide mortgage licensing system and | 22140 |
| registry, or any entities designated by it, to collect and | 22141 |
| maintain records and process transaction fees or other fees | 22142 |
| related to mortgage broker certificates of registration or the | 22143 |
| persons associated with a mortgage broker. | 22144 |
| Sec. 1322.031. (A) An application for a license as a loan | 22145 |
| 22146 | |
| form prescribed by the superintendent of financial institutions. | 22147 |
| The application shall be accompanied by a nonrefundable | 22148 |
|
application
fee of one hundred fifty dollars and | 22149 |
| 22150 |
| | 22151 |
| | 22152 |
| 22153 | |
| 22154 | |
| 22155 | |
| 22156 |
| | 22157 |
| 22158 | |
| 22159 | |
| 22160 |
| | 22161 |
| 22162 | |
| nationwide mortgage licensing system and registry. | 22163 |
| (B)(1) The application shall provide evidence, acceptable to | 22164 |
| the superintendent, that the applicant has successfully completed | 22165 |
| at least twenty-four hours of pre-licensing instruction consisting | 22166 |
| of all of the following: | 22167 |
| (a) Twenty hours of instruction in a course or program of | 22168 |
| study reviewed and approved by the nationwide mortgage licensing | 22169 |
| system and registry; | 22170 |
| (b) Four hours of instruction in a course or program of study | 22171 |
| reviewed and approved by the superintendent concerning state | 22172 |
| landing laws and the Ohio consumer sales practices act, Chapter | 22173 |
| 1345. of the Revised Code, as it applies to registrants and | 22174 |
| licensees. | 22175 |
| (2) Notwithstanding division (B)(1) of this section, until | 22176 |
| the nationwide mortgage licensing system and registry implements a | 22177 |
| review and approval program, the application shall provide | 22178 |
| evidence, as determined by the superintendent, that the applicant | 22179 |
|
has successfully completed at least twenty-four
hours of | 22180 |
| 22181 | |
| the superintendent that consists of at least all of the | 22182 |
| following: | 22183 |
| (a) Four hours of instruction concerning state and federal | 22184 |
| mortgage lending laws, which shall include no less than two hours | 22185 |
| on this chapter; | 22186 |
| (b) Four hours of instruction concerning the Ohio consumer | 22187 |
| sales practices act, Chapter 1345. of the Revised Code, as it | 22188 |
| applies to registrants and licensees; | 22189 |
| (c) Four hours of instruction concerning the loan application | 22190 |
| process; | 22191 |
| (d) Two hours of instruction concerning the underwriting | 22192 |
| process; | 22193 |
| (e) Two hours of instruction concerning the secondary market | 22194 |
| for mortgage loans; | 22195 |
| (f) Four hours of instruction concerning the loan closing | 22196 |
| process; | 22197 |
| (g) Two hours of instruction covering basic mortgage | 22198 |
| financing concepts and terms; | 22199 |
| (h) Two hours of instruction concerning the ethical | 22200 |
| responsibilities of a registrant and a licensee, including with | 22201 |
| respect to confidentiality, consumer counseling, and the duties | 22202 |
| and standards of care created in section 1322.081 of the Revised | 22203 |
| Code. | 22204 |
| | 22205 |
| 22206 | |
| 22207 |
| | 22208 |
| 22209 | |
| 22210 | |
| 22211 | |
| 22212 | |
| 22213 |
| | 22214 |
| the review and approval of a course or program of study includes | 22215 |
| the review and approval of the provider of the course or program | 22216 |
| of study. | 22217 |
| (4) If an applicant held a valid loan originator license | 22218 |
| issued by this state at any time during the immediately preceding | 22219 |
| five-year period, the applicant shall not be required to complete | 22220 |
| any additional pre-licensing instruction. | 22221 |
| (C) In addition to the information required under division | 22222 |
| (B) of this section, the application shall provide both of the | 22223 |
| following: | 22224 |
| (1) Evidence that the applicant passed a written test that | 22225 |
| meets the requirements described in division (B) of section | 22226 |
| 1322.051 of the Revised Code; | 22227 |
| (2) Any further information that the superintendent requires. | 22228 |
| | 22229 |
| application fee and any fee required by the nationwide mortgage | 22230 |
| licensing system and registry, the superintendent of financial | 22231 |
| institutions shall investigate the applicant as set forth in | 22232 |
|
division | 22233 |
| (1) | 22234 |
| of the Revised Code, the superintendent shall obtain a criminal | 22235 |
| history records check and, as part of the records check, request | 22236 |
| that criminal record information from the federal bureau of | 22237 |
| investigation be obtained. To fulfill this requirement, the | 22238 |
|
superintendent shall | 22239 |
| (i) Request the superintendent of the bureau of criminal | 22240 |
| identification and investigation, or a vendor approved by the | 22241 |
| bureau, to conduct a criminal records check based on the | 22242 |
| applicant's fingerprints or, if the fingerprints are unreadable, | 22243 |
| based on the applicant's social security number, in accordance | 22244 |
|
with division
(A) | 22245 |
| 22246 | |
| 22247 |
| (ii) Authorize the nationwide mortgage licensing system and | 22248 |
|
registry to request | 22249 |
| 22250 | |
|
criminal | 22251 |
| (b) Any fee required under division (C)(3) of section 109.572 | 22252 |
| of the Revised Code or by the nationwide mortgage licensing | 22253 |
| system and registry shall be paid by the applicant. | 22254 |
| (2) The superintendent shall conduct a civil records check. | 22255 |
| (3) If, in order to issue a license to an applicant, | 22256 |
| additional investigation by the superintendent outside this state | 22257 |
| is necessary, the superintendent may require the applicant to | 22258 |
| advance sufficient funds to pay the actual expenses of the | 22259 |
| investigation, if it appears that these expenses will exceed one | 22260 |
| hundred fifty dollars. The superintendent shall provide the | 22261 |
| applicant with an itemized statement of the actual expenses that | 22262 |
| the applicant is required to pay. | 22263 |
| | 22264 |
| license, the applicant shall furnish to the nationwide mortgage | 22265 |
| licensing system and registry the following information | 22266 |
| concerning the applicant's identity: | 22267 |
| (a) The applicant's fingerprints for submission to the | 22268 |
| federal bureau of investigation, and any other governmental agency | 22269 |
| or entity authorized to receive such information, for purposes of | 22270 |
| a state, national, and international criminal history background | 22271 |
| check; | 22272 |
| (b) Personal history and experience in a form prescribed by | 22273 |
| the nationwide mortgage licensing system and registry, along with | 22274 |
| authorization for the superintendent and the nationwide mortgage | 22275 |
| licensing system and registry to obtain the following: | 22276 |
| (i) An independent credit report from a consumer reporting | 22277 |
| agency; | 22278 |
| (ii) Information related to any administrative, civil, or | 22279 |
| criminal findings by any governmental jurisdiction. | 22280 |
| (2) In order to effectuate the purposes of divisions | 22281 |
| (E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent | 22282 |
| may use the conference of state bank supervisors, or a wholly | 22283 |
| owned subsidiary, as a channeling agent for requesting information | 22284 |
| from and distributing information to the United States department | 22285 |
| of justice or any other governmental agency. The superintendent | 22286 |
| may also use the nationwide mortgage licensing system and registry | 22287 |
| as a channeling agent for requesting information from and | 22288 |
| distributing information to any source related to matters subject | 22289 |
| to those divisions of this section. | 22290 |
| (F) The superintendent shall pay all funds advanced and | 22291 |
| application and renewal fees and penalties the superintendent | 22292 |
| receives pursuant to this section and section 1322.041 of the | 22293 |
| Revised Code to the treasurer of state to the credit of the | 22294 |
| consumer finance fund created in section 1321.21 of the Revised | 22295 |
| Code. | 22296 |
| | 22297 |
|
not contain all of
the information required under | 22298 |
| this section, and if that information is not submitted to the | 22299 |
| superintendent within ninety days after the superintendent | 22300 |
| requests the information in writing, the superintendent may | 22301 |
| consider the application withdrawn. | 22302 |
| | 22303 |
|
principally be
transacted at an office of the | 22304 |
| broker with whom the licensee is employed or associated, which | 22305 |
| office is registered in accordance with division (A) of section | 22306 |
| 1322.02 of the Revised Code. Each original loan originator license | 22307 |
|
shall be
deposited
with and maintained by the | 22308 |
| broker at the mortgage broker's main office. A copy of the license | 22309 |
| shall be maintained and displayed at the office where the loan | 22310 |
| 22311 |
| (2) If a loan | 22312 |
| association is terminated for any reason, the mortgage broker | 22313 |
| shall return the original loan originator license to the | 22314 |
| superintendent within five business days after the termination. | 22315 |
| The licensee may request the transfer of the license to another | 22316 |
|
mortgage broker by
submitting a | 22317 |
| along with a fifteen dollar fee and any fee required by the | 22318 |
| national mortgage licensing system and registry, to the | 22319 |
| superintendent or may request the superintendent in writing to | 22320 |
|
hold the license in escrow | 22321 |
| Any licensee whose license is held in escrow shall cease activity | 22322 |
|
as a loan | 22323 |
| escrow shall be required to apply for renewal annually and to | 22324 |
| comply with the annual continuing education requirement. | 22325 |
| (3) A mortgage broker may employ or be associated with a loan | 22326 |
| 22327 | |
|
the loan | 22328 |
| the mortgage broker receives written confirmation from the | 22329 |
|
superintendent that the loan | 22330 |
| sections 1322.01 to 1322.12 of the Revised Code. | 22331 |
| | 22332 |
| section, if a licensee is employed by or associated with a person | 22333 |
| or entity listed in division (G)(2) of section 1322.01 of the | 22334 |
| Revised Code, all of the following apply: | 22335 |
| (a) The licensee shall maintain and display the original loan | 22336 |
| originator license at the office where the licensee principally | 22337 |
| transacts business; | 22338 |
| (b) If the loan originator's employment or association is | 22339 |
| terminated, the loan originator shall return the original loan | 22340 |
| originator license to the superintendent within five business days | 22341 |
| after termination. The licensee may request the transfer of the | 22342 |
| license to a mortgage broker or another person or entity listed in | 22343 |
| division (G)(2) of section 1322.01 of the Revised Code by | 22344 |
| submitting a transfer application, along with a fifteen dollar fee | 22345 |
| and any fee required by the national mortgage licensing system and | 22346 |
| registry, to the superintendent or may request the superintendent | 22347 |
| in writing to hold the license in escrow. A licensee whose license | 22348 |
| is held in escrow shall cease activity as a loan originator. A | 22349 |
| licensee whose license is held in escrow shall be required to | 22350 |
| apply for renewal annually and to comply with the annual | 22351 |
| continuing education requirement. | 22352 |
| (c) The licensee may seek to be employed or associated with a | 22353 |
| mortgage broker or person or entity listed in division (G)(2) of | 22354 |
| section 1322.01 of the Revised Code if the mortgage broker or | 22355 |
| person or entity receives written confirmation from the | 22356 |
| superintendent that the loan originator is licensed under sections | 22357 |
| 1322.01 to 1322.12 of the Revised Code. | 22358 |
| (I) The superintendent may establish relationships or enter | 22359 |
| into contracts with the nationwide mortgage licensing system and | 22360 |
| registry, or any entities designated by it, to collect and | 22361 |
| maintain records and process transaction fees or other fees | 22362 |
| related to loan originator licenses or the persons associated with | 22363 |
| a licensee. | 22364 |
| (J) A loan originator license, or the authority granted under | 22365 |
| that license, is not assignable and cannot be franchised by | 22366 |
| contract or any other means. | 22367 |
| Sec. 1322.04. (A) Upon the conclusion of the investigation | 22368 |
| required under division (B) of section 1322.03 of the Revised | 22369 |
| Code, the superintendent of financial institutions shall issue a | 22370 |
| certificate of registration to the applicant if the superintendent | 22371 |
| finds that the following conditions are met: | 22372 |
| (1)
| 22373 |
| 22374 | |
| the application fee and any fee required by the nationwide | 22375 |
|
mortgage licensing system and registry. | 22376 |
| (a) If a check or other draft instrument is returned to the | 22377 |
| superintendent for insufficient funds, the superintendent shall | 22378 |
| notify the applicant by certified mail, return receipt requested, | 22379 |
| that the application will be withdrawn unless the applicant, | 22380 |
| within thirty days after receipt of the notice, submits the | 22381 |
| application fee and a one-hundred-dollar penalty to the | 22382 |
| superintendent. If the applicant does not submit the application | 22383 |
| fee and penalty within that time period, or if any check or other | 22384 |
| draft instrument used to pay the fee or penalty is returned to the | 22385 |
| superintendent for insufficient funds, the application shall be | 22386 |
| withdrawn immediately without a hearing. | 22387 |
| (b) If a check or other draft instrument is returned to the | 22388 |
| superintendent for insufficient funds after the certificate of | 22389 |
| registration has been issued, the superintendent shall notify the | 22390 |
| registrant by certified mail, return receipt requested, that the | 22391 |
| certificate of registration issued in reliance on the check or | 22392 |
| other draft instrument will be canceled unless the registrant, | 22393 |
| within thirty days after receipt of the notice, submits the | 22394 |
| application fee and a one-hundred-dollar penalty to the | 22395 |
| superintendent. If the registrant does not submit the application | 22396 |
| fee and penalty within that time period, or if any check or other | 22397 |
| draft instrument used to pay the fee or penalty is returned to the | 22398 |
| superintendent for insufficient funds, the certificate of | 22399 |
| registration shall be canceled immediately without a hearing, and | 22400 |
| the registrant shall cease activity as a mortgage broker. | 22401 |
| (2) If the application is for a location that is a residence, | 22402 |
| 22403 | |
| 22404 | |
| 22405 | |
| 22406 | |
| evidence that the use of the residence to transact business as a | 22407 |
|
mortgage
broker is not prohibited | 22408 |
| 22409 | |
| 22410 | |
| 22411 |
| (3) The | 22412 |
| application pursuant to division (A)(3) of section 1322.03 of the | 22413 |
|
Revised
Code | 22414 |
| provided in division (A)(4) of section 1322.03 of the Revised Code | 22415 |
| and the education requirements set forth in division (A)(5) of | 22416 |
| section 1322.03 of the Revised Code. | 22417 |
| (4)
The applicant
maintains
all | 22418 |
|
and | 22419 |
| (5) The applicant complies with the surety bond requirements | 22420 |
| of section 1322.05 of the Revised Code. | 22421 |
| (6) The applicant complies with sections 1322.01 to 1322.12 | 22422 |
| of the Revised Code and the rules adopted thereunder. | 22423 |
| (7)
Neither the applicant
nor any | 22424 |
| 22425 | |
| whose identity is required to be disclosed on an application for | 22426 |
| a mortgage broker certificate of registration has had a mortgage | 22427 |
| broker certificate of registration or loan originator license, or | 22428 |
| any comparable authority, revoked in any governmental | 22429 |
| jurisdiction or has pleaded guilty to or been convicted of any | 22430 |
| 22431 | |
| 22432 | |
| 22433 | |
| 22434 | |
| 22435 | |
| 22436 | |
| 22437 | |
| 22438 | |
| 22439 | |
| 22440 | |
| 22441 | |
| 22442 | |
| 22443 | |
| 22444 |
| (a) During the seven-year period immediately preceding the | 22445 |
| date of application for the certificate of registration, a felony | 22446 |
| in a domestic, foreign, or military court; | 22447 |
| (b) At any time prior to the date of application for the | 22448 |
| certificate of registration, a felony involving an act of fraud, | 22449 |
| dishonesty, a breach of trust, theft, or money laundering in a | 22450 |
| domestic, foreign, or military court; | 22451 |
| (c) During the seven-year period immediately preceding the | 22452 |
| date of application for the certificate of registration, a | 22453 |
| misdemeanor involving theft in a domestic, foreign, or military | 22454 |
| court. | 22455 |
| (8)
| 22456 |
| 22457 | |
| 22458 | |
| 22459 | |
| 22460 | |
| 22461 | |
| totality of the circumstances and information submitted in the | 22462 |
| application, the applicant has proven to the superintendent, by a | 22463 |
|
preponderance of the
evidence, that the | 22464 |
| 22465 | |
| 22466 | |
|
good | 22467 |
| 22468 | |
| 22469 | |
| broker. | 22470 |
| (9) The applicant's operations manager successfully completed | 22471 |
| the examination required under division (A) of section 1322.051 of | 22472 |
| the Revised Code. | 22473 |
| (10) The applicant's financial responsibility, experience, | 22474 |
| character, and general fitness command the confidence of the | 22475 |
| public and warrant the belief that the business will be operated | 22476 |
| honestly and fairly in compliance with the purposes of sections | 22477 |
| 1322.01 to 1322.12 of the Revised Code and the rules adopted | 22478 |
| thereunder. The superintendent shall not use a credit score as the | 22479 |
| sole basis for registration denial. | 22480 |
| (B) For purposes of determining whether an applicant that is | 22481 |
| a partnership, corporation, or other business entity or | 22482 |
| association has met the conditions set forth in divisions (A)(7), | 22483 |
| (A)(8), and (A)(10) of this section, the superintendent shall | 22484 |
| determine which partners, shareholders, or persons named in the | 22485 |
| application pursuant to division (A)(2) of section 1322.03 of the | 22486 |
| Revised Code must meet the conditions set forth in divisions | 22487 |
| (A)(7), (A)(8), and (A)(10) of this section. This determination | 22488 |
| shall be based on the extent and nature of the partner's, | 22489 |
| shareholder's, or person's ownership interest in the partnership, | 22490 |
| corporation, or other business entity or association that is the | 22491 |
| applicant and on whether the person is in a position to direct, | 22492 |
| control, or adversely influence the operations of the applicant. | 22493 |
| | 22494 |
| division (A) of this section may be renewed annually on or before | 22495 |
|
the | 22496 |
| superintendent finds that all of the following conditions are | 22497 |
| met: | 22498 |
| (1) The renewal application is accompanied by a nonrefundable | 22499 |
|
renewal fee of | 22500 |
| of an office to be maintained by the applicant in accordance with | 22501 |
|
division (A) of section
1322.02 of the Revised
Code | 22502 |
| 22503 | |
| 22504 | |
| any fee required by the nationwide mortgage licensing system and | 22505 |
| registry. If a check or other draft instrument is returned to the | 22506 |
| superintendent for insufficient funds, the superintendent shall | 22507 |
| notify the registrant by certified mail, return receipt requested, | 22508 |
| that the certificate of registration renewed in reliance on the | 22509 |
| check or other draft instrument will be canceled unless the | 22510 |
| registrant, within thirty days after receipt of the notice, | 22511 |
| submits the renewal fee and a one-hundred-dollar penalty to the | 22512 |
| superintendent. If the registrant does not submit the renewal fee | 22513 |
| and penalty within that time period, or if any check or other | 22514 |
| draft instrument used to pay the fee or penalty is returned to the | 22515 |
| superintendent for insufficient funds, the certificate of | 22516 |
| registration shall be canceled immediately without a hearing and | 22517 |
| the registrant shall cease activity as a mortgage broker. | 22518 |
| (2) | 22519 |
| designated under division (A)(3) of section 1322.03 of the Revised | 22520 |
|
Code has completed | 22521 |
| 22522 | |
| under section 1322.052 of the Revised Code. | 22523 |
| (3) The applicant meets the conditions set forth in divisions | 22524 |
| (A)(2) to (10) of this section. | 22525 |
| (4) The applicant's mortgage broker certificate of | 22526 |
| registration is not subject to an order of suspension or | 22527 |
| 22528 | |
| superintendent. | 22529 |
| | 22530 |
| renewal fee or additional fee required by the nationwide mortgage | 22531 |
| licensing system and registry is received by the superintendent | 22532 |
|
after
the | 22533 |
| mortgage broker certificate of registration shall not be | 22534 |
| considered renewed, and the applicant shall cease activity as a | 22535 |
|
mortgage broker | 22536 |
| 22537 |
| (2) Division | 22538 |
|
applicant, no later than the
thirty-first day of | 22539 |
| submits the renewal fee or additional fee and a one-hundred-dollar | 22540 |
| penalty to the superintendent. | 22541 |
| | 22542 |
| pursuant to division (A)(3) of section 1322.03 of the Revised Code | 22543 |
| is no longer the operations manager, the registrant shall do all | 22544 |
| of the following: | 22545 |
| (1) | 22546 |
| operations manager, designate another person as the operations | 22547 |
| manager; | 22548 |
| (2) Within ten days after the designation described in | 22549 |
|
division
| 22550 |
| writing of the designation; | 22551 |
| (3) Submit any additional information that the superintendent | 22552 |
| requires to establish that the newly designated operations manager | 22553 |
|
complies with the
| 22554 |
| 22555 |
| (F) The registrant shall cease operations if it is without | 22556 |
| an operations manager approved by the superintendent for more than | 22557 |
| one hundred eighty days unless otherwise authorized in writing by | 22558 |
| the superintendent due to exigent circumstances. | 22559 |
| (G) Mortgage broker certificates of registration issued on or | 22560 |
| after May 1, 2009, annually expire on the thirty-first day of | 22561 |
| December. | 22562 |
| Sec. 1322.041. (A) Upon the conclusion of the investigation | 22563 |
|
required under division | 22564 |
| Code, the superintendent of financial institutions shall issue a | 22565 |
|
loan | 22566 |
| superintendent finds that the following conditions are met: | 22567 |
| (1) The application is accompanied by the application fee and | 22568 |
| any fee required by the nationwide mortgage licensing system and | 22569 |
|
registry.
| 22570 |
| (a) If a check or other draft instrument is returned to the | 22571 |
| superintendent for insufficient funds, the superintendent shall | 22572 |
| notify the applicant by certified mail, return receipt requested, | 22573 |
| that the application will be withdrawn unless the applicant, | 22574 |
| within thirty days after receipt of the notice, submits the | 22575 |
| application fee and a one-hundred-dollar penalty to the | 22576 |
| superintendent. If the applicant does not submit the application | 22577 |
| fee and penalty within that time period, or if any check or other | 22578 |
| draft instrument used to pay the fee or penalty is returned to the | 22579 |
| superintendent for insufficient funds, the application shall be | 22580 |
| withdrawn immediately without a hearing. | 22581 |
| (b) If a check or other draft instrument is returned to the | 22582 |
| superintendent for insufficient funds after the license has been | 22583 |
| issued, the superintendent shall notify the licensee by certified | 22584 |
| mail, return receipt requested, that the license issued in | 22585 |
| reliance on the check or other draft instrument will be canceled | 22586 |
| unless the licensee, within thirty days after receipt of the | 22587 |
| notice, submits the application fee and a one-hundred-dollar | 22588 |
| penalty to the superintendent. If the licensee does not submit the | 22589 |
| application fee and penalty within that time period, or if any | 22590 |
| check or other draft instrument used to pay the fee or penalty is | 22591 |
| returned to the superintendent for insufficient funds, the license | 22592 |
| shall be canceled immediately without a hearing, and the licensee | 22593 |
|
shall
cease activity as a loan
| 22594 |
| (2) The applicant complies with sections 1322.01 to 1322.12 | 22595 |
| of the Revised Code and the rules adopted thereunder. | 22596 |
| (3) | 22597 |
| preceding the date of application for the license, the applicant | 22598 |
|
has not been convicted of or pleaded
guilty
to | 22599 |
| 22600 | |
| 22601 | |
| 22602 | |
| 22603 | |
| 22604 | |
| 22605 |
| (b) At any time prior to the date of application for the | 22606 |
| license, the applicant has not been convicted of or pleaded | 22607 |
|
guilty to | 22608 |
| 22609 | |
| 22610 | |
| 22611 | |
| 22612 | |
| 22613 | |
| 22614 | |
| act of fraud, dishonesty, a breach of trust, theft, or money | 22615 |
| laundering in a domestic, foreign, or military court. | 22616 |
| (c) During the seven-year period immediately preceding the | 22617 |
| date of application for the license, the applicant has not been | 22618 |
| convicted of or pleaded guilty to a misdemeanor involving theft in | 22619 |
| a domestic, foreign, or military court. | 22620 |
| (4) | 22621 |
| 22622 | |
| 22623 | |
| 22624 | |
| totality of the circumstances and information submitted in the | 22625 |
| application, the applicant has proven to the superintendent, by a | 22626 |
|
preponderance of the
evidence, that the | 22627 |
| 22628 | |
| 22629 | |
| 22630 | |
| 22631 | |
| loan originator. | 22632 |
| (5) The applicant successfully completed the | 22633 |
| written test required under division (B) of section 1322.051 of | 22634 |
|
the Revised
Code and completed the | 22635 |
| prelicensing instruction set forth in division | 22636 |
| section 1322.031 of the Revised Code. | 22637 |
| (6) The applicant's financial responsibility, character, and | 22638 |
| general fitness command the confidence of the public and warrant | 22639 |
| the belief that the business will be operated honestly and fairly | 22640 |
| in compliance with the purposes of sections 1322.01 to 1322.12 of | 22641 |
| the Revised Code. The superintendent shall not use a credit score | 22642 |
| as the sole basis for a license denial. | 22643 |
| (7) The applicant is in compliance with the surety bond | 22644 |
| requirements of section 1322.05 of the Revised Code. | 22645 |
| (B) The license issued under division (A) of this section may | 22646 |
|
be renewed annually on or before the | 22647 |
| 22648 | |
| following conditions are met: | 22649 |
| (1) The renewal application is accompanied by a nonrefundable | 22650 |
| renewal fee of one hundred fifty dollars and any fee required by | 22651 |
| the nationwide mortgage licensing system and registry. If a check | 22652 |
| or other draft instrument is returned to the superintendent for | 22653 |
| insufficient funds, the superintendent shall notify the licensee | 22654 |
| by certified mail, return receipt requested, that the license | 22655 |
| renewed in reliance on the check or other draft instrument will | 22656 |
| be canceled unless the licensee, within thirty days after receipt | 22657 |
| of the notice, submits the renewal fee and a one-hundred-dollar | 22658 |
| penalty to the superintendent. If the licensee does not submit | 22659 |
| the renewal fee and penalty within that time period, or if any | 22660 |
| check or other draft instrument used to pay the fee or penalty is | 22661 |
| returned to the superintendent for insufficient funds, the | 22662 |
| license shall be canceled immediately without a hearing, and the | 22663 |
|
licensee
shall
cease activity as a loan | 22664 |
| (2) | 22665 |
|
applicant has
completed | 22666 |
| 22667 | |
| under section 1322.052 of the Revised Code. | 22668 |
| (3) The applicant meets the conditions set forth in divisions | 22669 |
|
(A)(2) to | 22670 |
| (4) The applicant's license is not subject to an order of | 22671 |
|
suspension or | 22672 |
| the superintendent. | 22673 |
| (C)(1) Subject to division (C)(2) of this section, if a | 22674 |
| license renewal application or renewal fee, including any fee | 22675 |
| required by the nationwide mortgage licensing system and registry, | 22676 |
|
is
received by the
superintendent after the | 22677 |
|
day of | 22678 |
|
renewed, and the applicant
shall cease activity
as a loan | 22679 |
| originator. | 22680 |
| (2) Division (C)(1) of this section shall not apply if the | 22681 |
|
applicant, no later than the thirty-first day of | 22682 |
|
submits the
renewal application and | 22683 |
| one-hundred-dollar penalty to the superintendent. | 22684 |
| (D) Loan originator licenses issued on or after May 1, 2009, | 22685 |
| annually expire on the thirty-first day of December. | 22686 |
| Sec. 1322.05. (A)(1) No registrant shall conduct business | 22687 |
| in this state, unless the registrant has obtained and maintains in | 22688 |
| effect at all times a corporate surety bond issued by a bonding | 22689 |
| company or insurance company authorized to do business in this | 22690 |
| state. The bond shall be in favor of the superintendent of | 22691 |
|
financial institutions and in the
penal sum of | 22692 |
| greater of the following: (a) fifty thousand dollars and an | 22693 |
| additional penal sum of ten thousand dollars for each location, in | 22694 |
| excess of one, at which the registrant conducts business or (b) | 22695 |
| one-half per cent of the aggregate loan amount of residential | 22696 |
| mortgage loans originated in the immediately preceding calendar | 22697 |
| year, but not exceeding two hundred fifty thousand dollars. The | 22698 |
| term of the bond shall coincide with the term of registration. A | 22699 |
| copy of the bond shall be filed with the superintendent. The bond | 22700 |
| shall be for the exclusive benefit of any buyer injured by a | 22701 |
|
violation
by an
employee of the registrant,
| 22702 |
| originator employed by or associated with the registrant, or | 22703 |
| registrant of any provision of sections 1322.01 to 1322.12 of the | 22704 |
| Revised Code or any rule adopted thereunder. The aggregate | 22705 |
| liability of the corporate surety for any and all breaches of the | 22706 |
| conditions of the bond shall not exceed the penal sum of the bond. | 22707 |
| (2) No licensee who is employed by or associated with a | 22708 |
| person or entity listed in division (G)(2) of section 1322.01 of | 22709 |
| the Revised Code shall conduct business in this state, unless the | 22710 |
| licensee has obtained and maintains in effect at all times a | 22711 |
| corporate surety bond issued by a bonding company or insurance | 22712 |
| company authorized to do business in this state. The bond shall be | 22713 |
| in favor of the superintendent of financial institutions and in | 22714 |
| the penal sum of the greater of the following: (a) fifty thousand | 22715 |
| dollars or (b) one-half per cent of the aggregate loan amount of | 22716 |
| residential mortgage loans originated in the immediately preceding | 22717 |
| calendar year, but not exceeding two hundred fifty thousand | 22718 |
| dollars. The term of the bond shall coincide with the term of | 22719 |
| licensure. A copy of the bond shall be filed with the | 22720 |
| superintendent. The bond shall be for the exclusive benefit of any | 22721 |
| buyer injured by a violation by the licensee of any provision of | 22722 |
| sections 1322.01 to 1322.12 of the Revised Code or any rule | 22723 |
| adopted thereunder. The aggregate liability of the corporate | 22724 |
| surety for any and all breaches of the conditions of the bond | 22725 |
| shall not exceed the penal sum of the bond. | 22726 |
| (B)(1)(a) The registrant shall give notice to the | 22727 |
| superintendent by certified mail of any action that is brought by | 22728 |
|
a buyer against the registrant
| 22729 |
| originator, or employee alleging injury by a violation of any | 22730 |
| provision of sections 1322.01 to 1322.12 of the Revised Code or | 22731 |
| any rule adopted thereunder, and of any judgment that is entered | 22732 |
|
against the registrant
| 22733 |
| originator, or employee by a buyer injured by a violation of any | 22734 |
| provision of sections 1322.01 to 1322.12 of the Revised Code or | 22735 |
| any rule adopted thereunder. The notice shall provide details | 22736 |
| sufficient to identify the action or judgment, and shall be filed | 22737 |
| with the superintendent within ten days after the commencement of | 22738 |
| the action or notice to the registrant of entry of a judgment. | 22739 |
| (b) The licensee shall give notice to the superintendent by | 22740 |
| certified mail of any action that is brought by a buyer against | 22741 |
| the licensee alleging injury by a violation of any provision of | 22742 |
| sections 1322.01 to 1322.12 of the Revised Code or any rule | 22743 |
| adopted thereunder, and of any judgment that is entered against | 22744 |
| the licensee by a buyer injured by a violation of any provision of | 22745 |
| sections 1322.01 to 1322.12 of the Revised Code or any rule | 22746 |
| adopted thereunder. The notice shall provide details sufficient to | 22747 |
| identify the action or judgment, and shall be filed with the | 22748 |
| superintendent within ten days after the commencement of the | 22749 |
| action or notice to the licensee of entry of a judgment. A person | 22750 |
| or entity listed in division (G)(2) of section 1322.01 of the | 22751 |
| Revised Code that secures bonding for the licensees employed by or | 22752 |
| associated with the person or entity shall report such actions or | 22753 |
| judgments in the same manner as is required of registrants. | 22754 |
| (2) A corporate surety, within ten days after it pays any | 22755 |
| claim or judgment, shall give notice to the superintendent by | 22756 |
| certified mail of the payment, with details sufficient to identify | 22757 |
| the person and the claim or judgment paid. | 22758 |
| (C) Whenever the penal sum of the corporate surety bond is | 22759 |
| reduced by one or more recoveries or payments, the registrant or | 22760 |
| licensee shall furnish a new or additional bond under this | 22761 |
| section, so that the total or aggregate penal sum of the bond or | 22762 |
| bonds equals the sum required by this section, or shall furnish an | 22763 |
| endorsement executed by the corporate surety reinstating the bond | 22764 |
| to the required penal sum of it. | 22765 |
| (D) The liability of the corporate surety on the bond to the | 22766 |
| superintendent and to any buyer injured by a violation of any | 22767 |
| provision of sections 1322.01 to 1322.12 of the Revised Code or | 22768 |
| any rule adopted thereunder shall not be affected in any way by | 22769 |
| any misrepresentation, breach of warranty, or failure to pay the | 22770 |
| premium, by any act or omission upon the part of the registrant or | 22771 |
| licensee, by the insolvency or bankruptcy of the registrant or | 22772 |
| licensee, or by the insolvency of the registrant's or licensee's | 22773 |
| estate. The liability for any act or omission that occurs during | 22774 |
| the term of the corporate surety bond shall be maintained and in | 22775 |
| effect for at least two years after the date on which the | 22776 |
| corporate surety bond is terminated or canceled. | 22777 |
| (E) The corporate surety bond shall not be canceled by the | 22778 |
| registrant, the licensee, or the corporate surety except upon | 22779 |
| notice to the superintendent by certified mail, return receipt | 22780 |
| requested. The cancellation shall not be effective prior to thirty | 22781 |
| days after the superintendent receives the notice. | 22782 |
| (F) No registrant or licensee employed by or associated with | 22783 |
| a person or entity listed in division (G)(2) of section 1322.01 of | 22784 |
| the Revised Code shall fail to comply with this section. Any | 22785 |
| registrant or licensee that fails to comply with this section | 22786 |
| shall cease all mortgage broker or loan originator activity in | 22787 |
| this state until the registrant or licensee complies with this | 22788 |
| section. | 22789 |
| Sec. 1322.051. (A) Each person designated under division | 22790 |
| (A)(3) of section 1322.03 of the Revised Code to act as operations | 22791 |
|
manager for a mortgage broker business shall submit to | 22792 |
| 22793 | |
| financial institutions. An individual shall not be considered to | 22794 |
| have passed the written test unless the individual achieves a test | 22795 |
| score of at least seventy-five per cent correct answers to all | 22796 |
| questions. | 22797 |
| (B) Each applicant for a loan | 22798 |
|
shall submit to
| 22799 |
| written test that is developed and approved by the nationwide | 22800 |
| mortgage licensing system and registry and administered by a test | 22801 |
| provider approved by the nationwide mortgage licensing system and | 22802 |
| registry based on reasonable standards. | 22803 |
| (1) The test shall adequately measure the applicant's | 22804 |
| knowledge and comprehension in appropriate subject areas, | 22805 |
| including ethics, federal and state law related to mortgage | 22806 |
| origination, fraud, consumer protection, and the nontraditional | 22807 |
| mortgage marketplace, and fair lending issues. | 22808 |
| (2) An individual shall not be considered to have passed the | 22809 |
| written test unless the individual achieves a test score of at | 22810 |
| least seventy-five per cent correct answers on all questions and | 22811 |
| at least seventy-five per cent correct answers on all questions | 22812 |
| relating to state mortgage lending laws and the Ohio consumer | 22813 |
| sales practices act, Chapter 1345. of the Revised Code, as it | 22814 |
| applies to registrants and licensees. | 22815 |
| (3) An individual may retake the test three consecutive times | 22816 |
| provided the period between taking the tests is at least thirty | 22817 |
| days. If an individual fails three consecutive tests, the | 22818 |
| individual shall be required to wait at least six months before | 22819 |
| taking the test again. | 22820 |
| (4) If a loan originator fails to maintain a valid loan | 22821 |
| originator license for a period of five years or longer, the | 22822 |
| individual shall be required to retake the test. | 22823 |
| (C) Notwithstanding division (B) of this section, until the | 22824 |
| nationwide mortgage licensing system and registry implements a | 22825 |
| testing process that meets the criteria set forth in that | 22826 |
| division, the superintendent shall require each applicant to pass | 22827 |
| a written test acceptable to the superintendent. | 22828 |
| Sec. 1322.052. | 22829 |
| licensee and each person designated under division (A)(3) of | 22830 |
| section 1322.03 of the Revised Code to act as operations manager | 22831 |
|
for a
mortgage broker business shall complete at least | 22832 |
| hours of continuing education every calendar year. To fulfill this | 22833 |
|
requirement, the | 22834 |
| offered in a course or program of study reviewed and approved by | 22835 |
|
the | 22836 |
| licensing system and registry. The course or program of study | 22837 |
| shall include all of the following: | 22838 |
| (1) Three hours of applicable federal law and regulations; | 22839 |
| (2) Two hours of ethics, which shall include instruction on | 22840 |
| fraud, consumer protection, and fair lending issues; | 22841 |
| (3) Two hours of training related to lending standards for | 22842 |
| the nontraditional mortgage product marketplace. | 22843 |
| (B) Continuing education courses shall be reviewed and | 22844 |
| approved by the nationwide mortgage licensing system and registry | 22845 |
| based upon reasonable standards. | 22846 |
| (C) The following conditions apply to the continuing | 22847 |
| education required by this section: | 22848 |
| (1) An individual cannot take the same approved course in the | 22849 |
| same or successive years to meet the annual requirement for | 22850 |
| continuing education. | 22851 |
| (2) An individual can only receive credit for a continuing | 22852 |
| education course in the year in which the course is taken, unless | 22853 |
| the individual is making up a deficiency in continuing education | 22854 |
| pursuant to a rule or order of the superintendent of financial | 22855 |
| institutions. | 22856 |
| (3) A licensee who subsequently becomes unlicensed must | 22857 |
| complete the continuing education requirement for the last year in | 22858 |
| which the license was held prior to the issuance of a new or | 22859 |
| renewed license. | 22860 |
| (4) An individual who is approved as an instructor of a | 22861 |
| continuing education course receives credit for the individual's | 22862 |
| own annual continuing education requirement at the rate of two | 22863 |
| credit hours for every one hour taught. | 22864 |
| (5) If an individual successfully completed a continuing | 22865 |
| education course reviewed and approved by the nationwide mortgage | 22866 |
| licensing system and registry as required by another state, the | 22867 |
| individual can receive credit toward completion of the continuing | 22868 |
| education requirement of this state. | 22869 |
| (D) Notwithstanding division (A) of this section, until the | 22870 |
| nationwide mortgage licensing system and registry implements a | 22871 |
| review and approval process, each licensee or person designated | 22872 |
| under division (A)(3) of section 1322.03 of the Revised Code shall | 22873 |
| provide evidence that the licensee or person has successfully | 22874 |
| completed at least eight hours of continuing education in a course | 22875 |
| or program of study approved by the superintendent of financial | 22876 |
| institutions. | 22877 |
| Sec. 1322.06. (A) As often as the superintendent of | 22878 |
| financial institutions considers it necessary, the superintendent | 22879 |
| may examine the registrant's or licensee's records, including all | 22880 |
| records created or processed by a licensee, pertaining to business | 22881 |
| transacted pursuant to sections 1322.01 to 1322.12 of the Revised | 22882 |
| Code. | 22883 |
| (B) A registrant or licensee shall maintain records | 22884 |
| pertaining to business transacted pursuant to sections 1322.01 to | 22885 |
| 1322.12 of the Revised Code, including copies of all mortgage loan | 22886 |
| origination disclosure statements prepared in accordance with | 22887 |
|
section 1322.062
of the Revised Code, for
four years. | 22888 |
| purposes of this division, "registrant or licensee" includes any | 22889 |
| person whose certificate of registration or license is cancelled, | 22890 |
| surrendered, or revoked or who otherwise ceases to engage in | 22891 |
| business as a mortgage broker or loan originator. | 22892 |
| No registrant shall fail to comply with this division. | 22893 |
| (C) Each registrant and licensee shall submit to the | 22894 |
| nationwide mortgage licensing system and registry call reports or | 22895 |
| other reports of condition, which reports shall be in such form | 22896 |
| and shall contain such information as the nationwide mortgage | 22897 |
| licensing system and registry may require. | 22898 |
| (D)(1) As required by the superintendent, each registrant | 22899 |
| shall file with the division of financial institutions an annual | 22900 |
| report under oath or affirmation, on forms supplied by the | 22901 |
| division, concerning the business and operations of the registrant | 22902 |
| for the preceding calendar year. If a registrant operates two or | 22903 |
| more registered offices or two or more affiliated registrants | 22904 |
| operate registered offices, a composite report of the group of | 22905 |
| registered offices may be filed in lieu of individual reports. | 22906 |
| (2) The division shall publish annually an analysis of the | 22907 |
| information required under division (D)(1) of this section, but | 22908 |
| the individual reports shall not be public records and shall not | 22909 |
| be open to public inspection or otherwise be subject to section | 22910 |
| 149.43 of the Revised Code. | 22911 |
| Sec. 1322.061. (A)(1) The following information is | 22912 |
| confidential: | 22913 |
| (a) Examination information, and any information leading to | 22914 |
| or arising from an examination; | 22915 |
| (b) Investigation information, and any information arising | 22916 |
| from or leading to an investigation. | 22917 |
| (2) The information described in division (A)(1) of this | 22918 |
| section shall remain confidential for all purposes except when it | 22919 |
| is necessary for the superintendent of financial institutions to | 22920 |
| take official action regarding the affairs of a registrant or | 22921 |
| licensee, or in connection with criminal or civil proceedings to | 22922 |
| be initiated by a prosecuting attorney or the attorney general. | 22923 |
| This information may also be introduced into evidence or disclosed | 22924 |
| when and in the manner authorized by section 1181.25 of the | 22925 |
| Revised Code. | 22926 |
| (B) All application information, except social security | 22927 |
| numbers, employer identification numbers, financial account | 22928 |
| numbers, the identity of the institution where financial accounts | 22929 |
| are maintained, personal financial information, fingerprint cards | 22930 |
| and the information contained on such cards, and criminal | 22931 |
| background information, is a public record as defined in section | 22932 |
| 149.43 of the Revised Code. | 22933 |
| (C) This section does not prevent the division of financial | 22934 |
| institutions from releasing to or exchanging with other financial | 22935 |
| institution regulatory authorities information relating to | 22936 |
| registrants and licensees. For this purpose, a "financial | 22937 |
| institution regulatory authority" includes a regulator of a | 22938 |
| business activity in which a registrant or licensee is engaged, or | 22939 |
| has applied to engage in, to the extent that the regulator has | 22940 |
| jurisdiction over a registrant or licensee engaged in that | 22941 |
| business activity. A registrant or licensee is engaged in a | 22942 |
| business activity, and a regulator of that business activity has | 22943 |
| jurisdiction over the registrant or licensee, whether the | 22944 |
| registrant or licensee conducts the activity directly or a | 22945 |
| subsidiary or affiliate of the registrant or licensee conducts the | 22946 |
| activity. | 22947 |
| (D) The superintendent shall, on a regular basis, report | 22948 |
| violations of sections 1322.01 to 1322.12 of the Revised Code, as | 22949 |
| well as enforcement actions and other relevant information, to the | 22950 |
| nationwide mortgage licensing system and registry. | 22951 |
| (E)(1) Any confidentiality or privilege arising under federal | 22952 |
| or state law with respect to any information or material provided | 22953 |
| to the nationwide mortgage licensing system and registry shall | 22954 |
| continue to apply to the information or material after the | 22955 |
| information or material is provided to the nationwide mortgage | 22956 |
| licensing system and registry. The information and material so | 22957 |
| provided may be released to any state or federal regulatory | 22958 |
| official with mortgage industry oversight authority without the | 22959 |
| loss of confidentiality or privilege protections provided by | 22960 |
| federal law or the law of any state. Information or material | 22961 |
| described in division (E)(1) of this section to which | 22962 |
| confidentiality or privilege applies shall not be subject to any | 22963 |
| of the following: | 22964 |
| (a) Disclosure under any federal or state law governing | 22965 |
| disclosure to the public of information held by an officer or an | 22966 |
| agency of the federal government or of the respective state; | 22967 |
| (b) Subpoena or discovery, or admission into evidence, in any | 22968 |
| private civil action or administrative process, unless the person | 22969 |
| to whom such information or material pertains waives, in whole or | 22970 |
| in part and at the discretion of the person, any privilege held by | 22971 |
| the nationwide mortgage licensing system and registry with respect | 22972 |
| to that information or material. | 22973 |
| (2) The superintendent, in order to promote more effective | 22974 |
| regulation and reduce regulatory burden through supervisory | 22975 |
| information sharing, may enter into sharing arrangements with | 22976 |
| other governmental agencies, the conference of state bank | 22977 |
| supervisors, and the American association of residential mortgage | 22978 |
| regulators. | 22979 |
| (3) Any state law, including the public records law, relating | 22980 |
| to the disclosure of confidential supervisory information or any | 22981 |
| information or material described in division (E)(1) of this | 22982 |
| section that is inconsistent with that division shall be | 22983 |
| superseded by the requirements of that division. | 22984 |
| (F) This section shall not apply with respect to information | 22985 |
| or material relating to the employment history of, and publicly | 22986 |
| adjudicated disciplinary and enforcement actions against, loan | 22987 |
| originators that is included in the nationwide mortgage licensing | 22988 |
| system and registry for access by the public. | 22989 |
| (G) This section does not prevent the division from releasing | 22990 |
| information relating to registrants and licensees to the attorney | 22991 |
| general, to the superintendent of real estate and professional | 22992 |
| licensing for purposes relating to the administration of Chapters | 22993 |
| 4735. and 4763. of the Revised Code, to the superintendent of | 22994 |
| insurance for purposes relating to the administration of Chapter | 22995 |
| 3953. of the Revised Code, to the commissioner of securities for | 22996 |
| purposes relating to the administration of Chapter 1707. of the | 22997 |
| Revised Code, or to local law enforcement agencies and local | 22998 |
| prosecutors. Information the division releases pursuant to this | 22999 |
| section remains confidential. | 23000 |
| (H) The superintendent of financial institutions shall, by | 23001 |
| rule adopted in accordance with Chapter 119. of the Revised Code, | 23002 |
| establish a process by which loan originators may challenge any | 23003 |
| information provided to the nationwide mortgage licensing system | 23004 |
| and registry by the superintendent. | 23005 |
| Sec. 1322.062. (A)(1) Within three business days after taking | 23006 |
| an application for a residential mortgage loan from a buyer, a | 23007 |
| registrant or licensee shall deliver to the buyer a residential | 23008 |
| mortgage loan origination disclosure statement that contains all | 23009 |
| of the following: | 23010 |
| (a) The name, address, and telephone number of the buyer; | 23011 |
| (b) The typewritten name of the loan | 23012 |
|
the
number
designated on the loan | 23013 |
| (c) The street address, telephone number, and facsimile | 23014 |
| number of the registrant and the number designated on the | 23015 |
| registrant's certificate of registration; | 23016 |
| (d)
The signature of the loan | 23017 |
| registrant; | 23018 |
| (e) A statement indicating whether the buyer is to pay for | 23019 |
| the services of a bona fide third party if the registrant is | 23020 |
| unable to assist the buyer in obtaining a mortgage; | 23021 |
| (f) A statement that describes the method by which the fee to | 23022 |
| be paid by the buyer to the registrant will be calculated and a | 23023 |
| good faith estimate of the total amount of that fee; | 23024 |
| (g) A statement that the lender may pay compensation to the | 23025 |
| registrant; | 23026 |
| (h) A description of all the services the registrant has | 23027 |
| agreed to perform for the buyer; | 23028 |
| (i) A statement that the buyer has not entered into an | 23029 |
| exclusive agreement for brokerage services; | 23030 |
| (j) If the residential mortgage loan applied for will exceed | 23031 |
| ninety per cent of the value of the real property, a statement, | 23032 |
| printed in boldface type of the minimum size of sixteen points, | 23033 |
| as follows: "You are applying for a loan that is more than 90% of | 23034 |
| your home's value. It will be hard for you to refinance this | 23035 |
| loan. If you sell your home, you might owe more money on the loan | 23036 |
| than you get from the sale." | 23037 |
| (k) To acknowledge receipt, the signature of the buyer. | 23038 |
| (2) If the loan is a covered loan as defined in section | 23039 |
| 1349.25 of the Revised Code, the registrant shall also deliver a | 23040 |
| copy of the residential mortgage loan origination disclosure | 23041 |
| statement to the lender. | 23042 |
| (B) If there is any change in the information provided under | 23043 |
| division (A)(1) of this section, the registrant or licensee shall | 23044 |
| provide the buyer with the revised residential mortgage loan | 23045 |
| origination disclosure statement and a written explanation of why | 23046 |
| the change occurred no later than twenty-four hours after the | 23047 |
| change occurs, or twenty-four hours before the loan is closed, | 23048 |
| whichever is earlier. | 23049 |
| (C) A registrant or licensee shall deliver to the buyer, | 23050 |
| immediately upon receipt, a copy of any nonproprietary or | 23051 |
| publicly available credit score and report obtained regarding the | 23052 |
| buyer by the registrant or licensee for the purpose of the | 23053 |
| residential mortgage loan application; | 23054 |
| If the loan | 23055 |
| automated valuation model to determine an appraisal report, the | 23056 |
| registrant or licensee also shall include a copy of the automated | 23057 |
| valuation model report. | 23058 |
| (D) A registrant or licensee shall deliver to the buyer, at | 23059 |
| the same time that the registrant or licensee delivers the | 23060 |
| residential mortgage loan origination disclosure statement | 23061 |
| pursuant to division (A) of this section, a good faith estimate | 23062 |
| statement that discloses the amount of or range of charges for | 23063 |
| the specific settlement services the buyer is likely to incur in | 23064 |
| connection with the residential mortgage loan. The good faith | 23065 |
| estimate statement shall meet the requirements of the "Real | 23066 |
|
Estate Settlement Procedures Act," 88 Stat. 1724 (1974) | 23067 |
| U.S.C.A. 2601 et seq., and shall include the following underlined | 23068 |
| notice in at least ten-point type, new roman style: | 23069 |
| "Nature of Relationship: In connection with this residential | 23070 |
| mortgage loan, you, the borrower(s), has/have requested assistance | 23071 |
| from ............ (company name) in arranging credit. We do not | 23072 |
| distribute all products in the marketplace and cannot guarantee | 23073 |
| the lowest rate. | 23074 |
| Termination: This agreement will continue until one of the | 23075 |
| following events occur: | 23076 |
| 1. The loan closes. | 23077 |
| 2. The request is denied. | 23078 |
| 3. The borrower withdraws the request. | 23079 |
| 4. The borrower decides to use another source for | 23080 |
| origination. | 23081 |
| 5. The borrower is provided a revised good faith estimate | 23082 |
| statement. | 23083 |
| Notice to borrower(s): Signing this document does not obligate you | 23084 |
| to obtain a residential mortgage loan through this mortgage | 23085 |
| originator nor is this a loan commitment or an approval; nor is | 23086 |
| your interest rate locked at this time unless otherwise disclosed | 23087 |
| on a separate Rate Lock Disclosure Form. Do not sign this | 23088 |
| document until you have read and understood the information in | 23089 |
|
it. You will receive a
| 23090 |
| in interest rate or if the total sum of disclosed | 23091 |
| settlement/closing costs increases by 10% or more of the original | 23092 |
|
estimate. Should any such increase
occur | 23093 |
|
| 23094 |
| close of escrow." | 23095 |
| (E) No registrant or licensee shall fail to comply with this | 23096 |
| section. | 23097 |
| Sec. 1322.063. (A) In addition to the disclosures required | 23098 |
| under section 1322.062 of the Revised Code, a registrant or | 23099 |
| licensee shall, not earlier than three business days nor later | 23100 |
| than twenty-four hours before a loan is closed, deliver to the | 23101 |
| buyer a written disclosure that includes the following: | 23102 |
| (1) A statement indicating whether property taxes will be | 23103 |
| escrowed; | 23104 |
| (2) A description of what is covered by the regular monthly | 23105 |
| payment, including principal, interest, taxes, and insurance, as | 23106 |
| applicable. | 23107 |
| (B) No registrant or licensee shall fail to comply with this | 23108 |
| section. | 23109 |
| Sec. 1322.064. (A) No registrant or licensee shall fail to do | 23110 |
| either of the following: | 23111 |
| (1) Timely inform the buyer of any material change in the | 23112 |
| terms of the residential mortgage loan. For purposes of division | 23113 |
| (A)(1) of this section, "material change" means the following: | 23114 |
| (a) A change in the type of residential mortgage loan being | 23115 |
| offered, such as a fixed or variable rate loan or a loan with a | 23116 |
| balloon payment; | 23117 |
| (b) A change in the term of the residential mortgage loan, as | 23118 |
| reflected in the number of monthly payments due before a final | 23119 |
| payment is scheduled to be made; | 23120 |
| (c) A change in the interest rate of more than 0.15%; | 23121 |
| (d) A change in the regular total monthly payment | 23122 |
|
including principal | 23123 |
| insurance, and any escrowed taxes or property insurance, of more | 23124 |
| than five per cent; | 23125 |
| (e) A change regarding whether the escrow of taxes or | 23126 |
| insurance is required; | 23127 |
| (f) A change regarding | 23128 |
| mortgage insurance is required. | 23129 |
| (2) Timely inform the buyer if any fees payable by the buyer | 23130 |
| to the licensee, registrant, or lender increase by more than ten | 23131 |
| per cent or one hundred dollars, whichever is greater. | 23132 |
| (B) The disclosures required by this section shall be deemed | 23133 |
| timely if the registrant or licensee provides the buyer with the | 23134 |
| revised information not later than twenty-four hours after the | 23135 |
| change occurs, or twenty-four hours before the loan is closed, | 23136 |
| whichever is earlier. | 23137 |
| (C) If an increase in the total amount of the fee to be paid | 23138 |
| by the buyer to the registrant or licensee is not disclosed in | 23139 |
| accordance with division (A)(2) of this section, the registrant or | 23140 |
| licensee shall refund to the buyer the amount by which the fee was | 23141 |
| increased. If the fee is financed into the loan, the registrant or | 23142 |
| licensee shall also refund to the buyer the interest that would | 23143 |
| accrue over the term of the loan on that excess amount. | 23144 |
| Sec. 1322.065. A person registered as a mortgage broker | 23145 |
| solely to sell leads of potential buyers to residential mortgage | 23146 |
| lenders or mortgage brokers, or solely to match buyers with | 23147 |
| residential mortgage lenders or mortgage brokers through a | 23148 |
| computerized loan origination system recognized by the United | 23149 |
| States department of housing and urban development, shall be | 23150 |
| required to make only those disclosures under sections 1322.01 to | 23151 |
| 1322.12 of the Revised Code that apply to the portion of the | 23152 |
| transaction during which they have direct buyer contact, and shall | 23153 |
| be subject to all fair conduct and prohibition requirements in | 23154 |
| their dealing with buyers. | 23155 |
| Sec. 1322.07. No
| 23156 |
| 23157 | |
|
registered
or | 23158 |
| of the Revised Code, or individual disclosed in an application as | 23159 |
| required by division (A)(2) of section 1322.03 of the Revised Code | 23160 |
| shall do any of the following: | 23161 |
| (A) Obtain a mortgage broker certificate of registration or | 23162 |
| loan originator license through any false or fraudulent | 23163 |
| representation of a material fact or any omission of a material | 23164 |
| fact required by state law, or make any substantial | 23165 |
| misrepresentation in any registration or license application; | 23166 |
| (B) Make false or misleading statements of a material fact, | 23167 |
| omissions of statements required by state or federal law, or false | 23168 |
| promises regarding a material fact, through advertising or other | 23169 |
| means, or engage in a continued course of misrepresentations; | 23170 |
| (C) Engage in conduct that constitutes improper, fraudulent, | 23171 |
| or dishonest dealings; | 23172 |
| (D) Fail to notify the division of financial institutions | 23173 |
|
within thirty days after | 23174 |
| 23175 | |
| 23176 |
| (1) Being convicted of or pleading guilty to a felony in a | 23177 |
| domestic, foreign, or military court; | 23178 |
| (2) Being convicted of or
| 23179 |
| criminal offense involving theft, receiving stolen property, | 23180 |
| embezzlement, forgery, fraud, passing bad checks, money | 23181 |
| laundering, breach of trust, dishonesty, or drug trafficking, or | 23182 |
| any criminal offense involving money or securities; | 23183 |
| (3) Having a mortgage broker certificate of registration or | 23184 |
| loan originator license, or any comparable authority, revoked in | 23185 |
| any governmental jurisdiction. | 23186 |
| (E) Knowingly make, propose, or solicit fraudulent, false, or | 23187 |
| misleading statements on any mortgage loan document or on any | 23188 |
| document related to a mortgage loan, including a mortgage | 23189 |
| application, real estate appraisal, or real estate settlement or | 23190 |
| closing document. For purposes of this division, "fraudulent, | 23191 |
| false, or misleading statements" does not include mathematical | 23192 |
| errors, inadvertent transposition of numbers, typographical | 23193 |
| errors, or any other bona fide error. | 23194 |
| (F) Knowingly instruct, solicit, propose, or otherwise cause | 23195 |
| a buyer to sign in blank a mortgage related document; | 23196 |
| (G) Knowingly compensate, instruct, induce, coerce, or | 23197 |
| intimidate, or attempt to compensate, instruct, induce, coerce, or | 23198 |
| intimidate, a person licensed or certified under Chapter 4763. of | 23199 |
| the Revised Code for the purpose of corrupting or improperly | 23200 |
| influencing the independent judgment of the person with respect to | 23201 |
| the value of the dwelling offered as security for repayment of a | 23202 |
| mortgage loan; | 23203 |
| (H) Promise to refinance a loan in the future at a lower | 23204 |
| interest rate or with more favorable terms, unless the promise is | 23205 |
| set forth in writing and is initialed by the buyer. | 23206 |
| Sec. 1322.071. (A) As used in this section, "bona fide third | 23207 |
| party" has the same meaning as in section 1322.08 of the Revised | 23208 |
| Code. | 23209 |
| (B) No mortgage broker, registrant, loan originator, or | 23210 |
| licensee shall do any of the following: | 23211 |
| (1) Retain original documents provided to the mortgage | 23212 |
| broker, registrant, loan originator, or licensee by the buyer in | 23213 |
| connection with the residential mortgage loan application, | 23214 |
| including income tax returns, account statements, or other | 23215 |
| financial related documents; | 23216 |
| (2) Receive, directly or indirectly, a premium on the fees | 23217 |
| charged for services performed by a bona fide third party; | 23218 |
| (3) Pay or receive, directly or indirectly, a referral fee or | 23219 |
| kickback of any kind to or from a bona fide third party or other | 23220 |
|
party with a related interest in the transaction, | 23221 |
| including a home improvement builder, real estate developer, or | 23222 |
| real estate broker or agent, for the referral of business. | 23223 |
| (C)(1) No registrant, through its operations manager or | 23224 |
| otherwise, shall fail to reasonably supervise a loan originator or | 23225 |
| other persons employed by or associated with the registrant. | 23226 |
| (2) No registrant shall fail to establish reasonable | 23227 |
| procedures designed to avoid violations of sections 1322.01 to | 23228 |
| 1322.12 of the Revised Code or rules adopted thereunder, or | 23229 |
| violations of applicable state and federal consumer and lending | 23230 |
| laws or rules, by loan originators or other persons employed by or | 23231 |
| associated with the registrant. | 23232 |
| Sec. 1322.072. No person, in connection with any examination | 23233 |
| or investigation conducted by the superintendent of financial | 23234 |
| institutions under sections 1322.01 to 1322.12 of the Revised | 23235 |
|
Code, shall knowingly do | 23236 |
| (A) Circumvent, interfere with, obstruct, or fail to | 23237 |
| cooperate, including making a false or misleading statement, | 23238 |
| failing to produce records, or intimidating or suborning any | 23239 |
| witness; | 23240 |
| (B) Tamper with, alter, or manufacture any evidence; | 23241 |
| (C) Withhold, abstract, remove, mutilate, destroy, or secrete | 23242 |
| any books, records, computer records, or other information. | 23243 |
| Sec. 1322.074. (A) | 23244 |
| 23245 |
| | 23246 |
| 23247 | |
| 23248 | |
| 23249 | |
| 23250 | |
| 23251 |
| | 23252 |
| 23253 |
| | 23254 |
|
section, no registrant, or any member of the | 23255 |
| immediate family of an owner of a registrant, shall own or control | 23256 |
| a majority interest in an appraisal company. | 23257 |
| | 23258 |
|
registrant, or any member of the | 23259 |
| an owner of a registrant, who, on the effective date of this | 23260 |
| 23261 | |
| appraisal company. However, such ownership or control is subject | 23262 |
| to the following conditions: | 23263 |
| (1) The registrant and members of the | 23264 |
| family of an owner of a registrant shall not increase their | 23265 |
| interest in the company. | 23266 |
| (2) The interest is not transferable to a member of the | 23267 |
| 23268 |
| (3) If the registrant is convicted of or pleads guilty to a | 23269 |
| criminal violation of sections 1322.01 to 1322.12 of the Revised | 23270 |
| Code or any criminal offense described in division (A)(1)(b) of | 23271 |
| section 1322.10 of the Revised Code, the superintendent of | 23272 |
|
financial institutions may, | 23273 |
| of the actions authorized under section 1322.10 of the Revised | 23274 |
|
Code, order the registrant or members of the | 23275 |
| immediate family of an owner of a registrant to divest their | 23276 |
| interest in the company. | 23277 |
| Sec. 1322.075. (A) No registrant or licensee or person | 23278 |
|
required to be registered or licensed under | 23279 |
| 1322.01 to 1322.12 of the Revised Code shall refer a buyer to any | 23280 |
| settlement service provider, including any title insurance | 23281 |
| company, without providing the buyer with written notice | 23282 |
| disclosing all of the following: | 23283 |
| (1) Any business relationship that exists between the | 23284 |
| registrant, licensee, or person required to be registered or | 23285 |
|
licensed under | 23286 |
| Revised Code, and the provider to which the buyer is being | 23287 |
| referred, and any financial benefit that the registrant, licensee, | 23288 |
| or person may be provided because of the relationship; | 23289 |
| (2) The percentage of ownership interest the registrant, | 23290 |
| licensee, or person required to be registered or licensed under | 23291 |
| 23292 | |
| in the provider to which the buyer is being referred; | 23293 |
| (3) The estimated charge or range of charges for the | 23294 |
| settlement service listed; | 23295 |
| (4) The following statement, printed in boldface type of the | 23296 |
| minimum size of sixteen points: "There are frequently other | 23297 |
| settlement service providers available with similar services. You | 23298 |
| are free to shop around to determine that you are receiving the | 23299 |
| best services and the best rate for these services." | 23300 |
| (B) No registrant or licensee shall refer a buyer to an | 23301 |
| appraisal company, if the registrant or licensee, a member of the | 23302 |
| immediate family of an owner of the registrant, or a member of the | 23303 |
| 23304 | |
| following financial relationships with the appraisal company: | 23305 |
| (1) An ownership or investment interest in the company, | 23306 |
| whether through debt, equity, or other means; | 23307 |
| (2) Any compensation arrangement involving any remuneration, | 23308 |
| directly or indirectly, overtly or covertly, in cash or in kind. | 23309 |
| (C) No registrant or licensee shall knowingly enter into an | 23310 |
| arrangement or scheme, including a cross-referral arrangement, | 23311 |
| that has a principal purpose of assuring referrals by a registrant | 23312 |
| or licensee to a particular appraisal company that would violate | 23313 |
| division (B) of this section. | 23314 |
| (D) The registrant, licensee, or person required to be | 23315 |
|
registered or licensed under | 23316 |
| 1322.12 of the Revised Code shall retain proof that the buyer | 23317 |
| received the written disclosures required by division (A) of this | 23318 |
| section for four years. | 23319 |
| Sec. 1322.08. (A) No registrant shall fail to do any of the | 23320 |
| following: | 23321 |
| (1) Maintain a special account; | 23322 |
| (2) Deposit into the registrant's special account any bona | 23323 |
| fide third-party fee the registrant receives; | 23324 |
| (3) Pay bona fide third-party fees to a bona fide third party | 23325 |
| from the registrant's special account. | 23326 |
| (B) Except as otherwise provided in | 23327 |
| 1322.01 to 1322.12 of the Revised Code, no registrant shall charge | 23328 |
| or receive, directly or indirectly, fees for assisting a buyer in | 23329 |
| obtaining a residential mortgage loan, until all of the services | 23330 |
| that the registrant has agreed to perform for the buyer are | 23331 |
| completed, and the proceeds of the residential mortgage loan have | 23332 |
| been disbursed to or on behalf of the buyer. However, prior to | 23333 |
| completion of such services the following fees may be paid for | 23334 |
| services performed by a bona fide third party in assisting the | 23335 |
| buyer to obtain a residential mortgage loan if the fees are either | 23336 |
| paid directly by the buyer to the bona fide third party or, except | 23337 |
| as provided in division (B)(5) of this section, the fees are | 23338 |
| deposited by the registrant into the registrant's special account | 23339 |
| for services performed by the bona fide third party: | 23340 |
| (1) Fees to obtain a report from a credit reporting agency; | 23341 |
| (2) Fees for notary services; | 23342 |
| (3) Fees for the performance of a title search, appraisal of | 23343 |
| the real estate, or survey of the real estate; | 23344 |
| (4) Fees charged by a lender for locking in an interest rate | 23345 |
| in connection with obtaining or refinancing a residential mortgage | 23346 |
| loan, provided that the fees do not exceed an amount equal to one | 23347 |
| and one-half per cent of the mortgage loan amount; | 23348 |
| (5) Fees not exceeding five hundred dollars paid directly by | 23349 |
| the buyer to a state or federal government agency or | 23350 |
| instrumentality for purposes of processing a mortgage application | 23351 |
| relating to a government sponsored or guaranteed mortgage program. | 23352 |
| (C) If fees are paid by a buyer for the performance of any of | 23353 |
| the services described in division (B)(3) of this section and the | 23354 |
| registrant is unable to assist in obtaining a mortgage for the | 23355 |
| buyer, the registrant shall return to the buyer the original | 23356 |
| documents prepared by the bona fide third party at the time that | 23357 |
| the request for the mortgage is refused or denied. With respect to | 23358 |
| any appraisal, however, the registrant may return either the | 23359 |
| original or a copy. No registrant shall fail to comply with this | 23360 |
| division. | 23361 |
| (D) For purposes of this section: | 23362 |
| (1) "Bona fide third party" means a person that is not an | 23363 |
| employee of, related to, or affiliated with, the registrant, and | 23364 |
| that is not used for the purpose of circumvention or evasion of | 23365 |
| this section. | 23366 |
| (2) "Special account" means | 23367 |
|
with a
| 23368 |
| 23369 | |
| separate and distinct from any personal or other account of the | 23370 |
| registrant, and that is maintained solely for the holding and | 23371 |
| payment of fees described in this section for services performed | 23372 |
| by bona fide third parties and received by the registrant from | 23373 |
| buyers that the registrant assists in obtaining mortgages. | 23374 |
| Sec. 1322.081. (A) A registrant, licensee, and any person | 23375 |
|
required to be registered or licensed under | 23376 |
| 1322.01 to 1322.12 of the Revised Code, in addition to duties | 23377 |
| imposed by other statutes or common law, shall do all of the | 23378 |
| following: | 23379 |
| (1) Safeguard and account for any money handled for the | 23380 |
| 23381 |
| (2) Follow reasonable and lawful instructions from the | 23382 |
| 23383 |
| (3) Act with reasonable skill, care, and diligence; | 23384 |
| (4) Act in good faith and with fair dealing in any | 23385 |
| transaction, practice, or course of business in connection with | 23386 |
| the brokering or originating of any residential mortgage loan; | 23387 |
| (5) Make reasonable efforts to secure a residential mortgage | 23388 |
| loan, from lenders with whom the registrant, licensee, or person | 23389 |
| regularly does business, with rates, charges, and repayment terms | 23390 |
|
that are advantageous to the | 23391 |
| (B) Division (A) of this section shall not apply to wholesale | 23392 |
| lenders. However, wholesale lenders are subject to all other | 23393 |
| requirements applicable to mortgage brokers and nonbank mortgage | 23394 |
| lenders. For purposes of this division, "wholesale lender" means a | 23395 |
| company that has been issued a mortgage broker certificate of | 23396 |
| registration and that enters into transactions with buyers | 23397 |
| exclusively through unaffiliated third-party mortgage brokers. | 23398 |
| (C) The duties and standards of care created in this section | 23399 |
| cannot be waived or modified. | 23400 |
| (D)(1) A buyer injured by a violation of this section may | 23401 |
| bring an action for recovery of damages. | 23402 |
| (2) Damages awarded under division (D)(1) of this section | 23403 |
| shall not be less than all compensation paid directly or | 23404 |
| indirectly to a mortgage broker from any source, plus reasonable | 23405 |
| attorney's fees and court costs. | 23406 |
| (3) The buyer may be awarded punitive damages. | 23407 |
| (E) A buyer injured by a violation of this section is | 23408 |
| precluded from recovering any damages, plus reasonable attorney's | 23409 |
| fees and costs, if the buyer has also recovered any damages in a | 23410 |
| cause of action initiated under section 1322.11 of the Revised | 23411 |
| Code and the recovery of damages for a violation of this section | 23412 |
| is based on the same acts or circumstances as the basis for | 23413 |
| recovery of damages in section 1322.11 of the Revised Code. | 23414 |
| Sec. 1322.09. (A) A mortgage broker or loan originator shall | 23415 |
| disclose in any printed, televised, broadcast, electronically | 23416 |
| transmitted, or published advertisement relating to the mortgage | 23417 |
| broker's or loan's originator services, including on any | 23418 |
| electronic site accessible through the internet, the name and | 23419 |
| street address of the mortgage broker or loan's originator and the | 23420 |
| number designated on the certificate of registration or license | 23421 |
| that is issued to the mortgage broker or loan originator by the | 23422 |
| superintendent of financial institutions under sections 1322.01 | 23423 |
| to 1322.12 of the Revised Code. | 23424 |
| (B) In making any advertisement, a mortgage broker shall | 23425 |
| comply with 12 C.F.R. 226.16, as amended. | 23426 |
| (C) No mortgage broker or loan originator shall fail to | 23427 |
| comply with this section. | 23428 |
| Sec. 1322.10. (A) After notice and opportunity for a hearing | 23429 |
| conducted in accordance with Chapter 119. of the Revised Code, the | 23430 |
| superintendent of financial institutions may do the following: | 23431 |
| (1) Suspend, revoke, or refuse to issue or renew a | 23432 |
| certificate of registration or license if the superintendent finds | 23433 |
| 23434 |
| (a) A violation of or failure to comply with any provision of | 23435 |
| sections 1322.01 to 1322.12 of the Revised Code or the rules | 23436 |
| adopted under those sections, federal lending law, or any other | 23437 |
| law applicable to the business conducted under a certificate of | 23438 |
| registration or license; | 23439 |
| (b) A conviction of or guilty plea to a felony in a domestic, | 23440 |
| foreign, or military court; | 23441 |
| (c) A conviction of or guilty plea to any criminal offense | 23442 |
| involving theft, receiving stolen property, embezzlement, forgery, | 23443 |
| fraud, passing bad checks, money laundering, breach of trust, | 23444 |
| dishonesty, or drug trafficking, or any criminal offense involving | 23445 |
| money or securities, in a domestic, foreign, or military court; | 23446 |
| (d) The revocation of a mortgage broker certificate of | 23447 |
| registration or loan originator license, or any comparable | 23448 |
| authority, in any governmental jurisdiction. | 23449 |
| (2) Impose a fine of not more than one thousand dollars, for | 23450 |
| each day a violation of a law or rule is committed, repeated, or | 23451 |
| continued. If the registrant or licensee engages in a pattern of | 23452 |
| repeated violations of a law or rule, the superintendent may | 23453 |
| impose a fine of not more than two thousand dollars for each day | 23454 |
| the violation is committed, repeated, or continued. All fines | 23455 |
| collected pursuant to this division shall be paid to the treasurer | 23456 |
| of state to the credit of the consumer finance fund created in | 23457 |
| section 1321.21 of the Revised Code. In determining the amount of | 23458 |
| a fine to be imposed pursuant to this division, the superintendent | 23459 |
| 23460 | |
| the division of financial institutions: | 23461 |
| (a) The seriousness of the violation; | 23462 |
| (b) The registrant's or licensee's good faith efforts to | 23463 |
| prevent the violation; | 23464 |
| (c) The registrant's or licensee's history regarding | 23465 |
| violations and compliance with division orders; | 23466 |
| (d) The registrant's or licensee's financial resources; | 23467 |
| (e) Any other matters the superintendent considers | 23468 |
| appropriate in enforcing sections 1322.01 to 1322.12 of the | 23469 |
| Revised Code. | 23470 |
| (B) The superintendent may investigate alleged violations of | 23471 |
| sections 1322.01 to 1322.12 of the Revised Code or the rules | 23472 |
|
adopted under those sections or complaints
concerning any
| 23473 |
|
violation.
| 23474 |
| (1) The superintendent may make application to the court of | 23475 |
|
common pleas for an
order enjoining any | 23476 |
| a showing by the superintendent that a person has committed or is | 23477 |
|
about to commit | 23478 |
| injunction, restraining order, or other appropriate relief. | 23479 |
| (2) The superintendent may make application to the court of | 23480 |
| common pleas for an order enjoining any person from acting as a | 23481 |
| mortgage broker, registrant, loan originator, or licensee in | 23482 |
| violation of division (A) or (B) of section 1322.02 of the Revised | 23483 |
| Code, and may seek and obtain civil penalties for unregistered or | 23484 |
| unlicensed conduct of not more than five thousand dollars per | 23485 |
| violation. | 23486 |
| (C) In conducting any investigation pursuant to this section, | 23487 |
| the superintendent may compel, by subpoena, witnesses to testify | 23488 |
| in relation to any matter over which the superintendent has | 23489 |
| jurisdiction and may require the production of any book, record, | 23490 |
| or other document pertaining to that matter. If a person fails to | 23491 |
| file any statement or report, obey any subpoena, give testimony, | 23492 |
| produce any book, record, or other document as required by a | 23493 |
| subpoena, or permit photocopying of any book, record, or other | 23494 |
| document subpoenaed, the court of common pleas of any county in | 23495 |
| this state, upon application made to it by the superintendent, | 23496 |
| shall compel obedience by attachment proceedings for contempt, as | 23497 |
| in the case of disobedience of the requirements of a subpoena | 23498 |
| issued from the court or a refusal to testify therein. | 23499 |
| (D) If the superintendent determines that a person is engaged | 23500 |
| in or is believed to be engaged in activities that may constitute | 23501 |
| a violation of sections 1322.01 to 1322.12 of the Revised Code or | 23502 |
| any rule adopted thereunder, the superintendent, after notice and | 23503 |
| a hearing conducted in accordance with Chapter 119. of the | 23504 |
| Revised Code, may issue a cease and desist order or seek or | 23505 |
| impose fines of not more than five thousand dollars per violation. | 23506 |
| Such an order shall be enforceable in the court of common pleas. | 23507 |
| (E) If the superintendent revokes | 23508 |
|
certificate of
registration or loan originator license | 23509 |
| 23510 | |
| 23511 | |
| 23512 | |
| 23513 | |
| with prejudice. | 23514 |
| (F)(1) To protect the public interest, the superintendent | 23515 |
| may, without a prior hearing, do any of the following: | 23516 |
| (a) Suspend the mortgage broker certificate of registration | 23517 |
| or loan originator license of a registrant or licensee who is | 23518 |
| convicted of or pleads guilty to a criminal violation of any | 23519 |
| provision of sections 1322.01 to 1322.12 of the Revised Code or | 23520 |
| any criminal offense described in division (A)(1)(b) or (c) of | 23521 |
| this section; | 23522 |
| (b) Suspend the mortgage broker certificate of registration | 23523 |
| of a registrant who violates division (F) of section 1322.05 of | 23524 |
| the Revised Code; | 23525 |
| (c) Suspend the mortgage broker certificate of registration | 23526 |
| or loan originator license of a registrant or licensee who fails | 23527 |
| to comply with a request made by the superintendent under section | 23528 |
| 1322.03 or 1322.031 of the Revised Code to inspect qualifying | 23529 |
| education transcripts located at the registrant's or licensee's | 23530 |
| place of business. | 23531 |
| (2) The superintendent | 23532 |
| 23533 | |
| 23534 | |
| 23535 | |
| 23536 | |
| 23537 | |
| 23538 | |
| 23539 | |
| 23540 |
| | 23541 |
| of the Revised Code, subsequently revoke any registration or | 23542 |
| license suspended under division (F)(1) of this section. | 23543 |
| | 23544 |
| 119. of the Revised Code, adopt rules establishing the maximum | 23545 |
| amount of time a suspension under division (F)(1) of this section | 23546 |
| may continue before a hearing is conducted. | 23547 |
| (G) The imposition of fines under this section does not | 23548 |
| preclude any penalty imposed under section 1322.99 of the Revised | 23549 |
| Code. | 23550 |
| Sec. 1322.11. (A)(1) A buyer injured by a violation of | 23551 |
| section 1322.02, 1322.062, 1322.063, 1322.064, 1322.07, 1322.071, | 23552 |
| 1322.08, or 1322.09 of the Revised Code may bring an action for | 23553 |
| recovery of damages. | 23554 |
| (2) Damages awarded under division (A)(1) of this section | 23555 |
| shall not be less than all compensation paid directly and | 23556 |
| indirectly to a mortgage broker or loan originator from any | 23557 |
| source, plus reasonable attorney's fees and court costs. | 23558 |
| (3) The buyer may be awarded punitive damages. | 23559 |
| (B)(1) The superintendent of financial institutions or a | 23560 |
| buyer may directly bring an action to enjoin a violation of | 23561 |
| sections 1322.01 to 1322.12 of the Revised Code. The attorney | 23562 |
| general may directly bring an action to enjoin a violation of | 23563 |
| sections 1322.01 to 1322.12 of the Revised Code with the same | 23564 |
| rights, privileges, and powers as those described in section | 23565 |
| 1345.06 of the Revised Code. The prosecuting attorney of the | 23566 |
| county in which the action may be brought may bring an action to | 23567 |
| enjoin a violation of sections 1322.01 to 1322.12 of the Revised | 23568 |
| Code only if the prosecuting attorney first presents any evidence | 23569 |
| of the violation to the attorney general and, within a reasonable | 23570 |
| period of time, the attorney general has not agreed to bring the | 23571 |
| action. | 23572 |
| (2) The superintendent may initiate criminal proceedings | 23573 |
| under sections 1322.01 to 1322.12 of the Revised Code by | 23574 |
| presenting any evidence of criminal violation to the prosecuting | 23575 |
| attorney of the county in which the offense may be prosecuted. If | 23576 |
| the prosecuting attorney does not prosecute the violations, or at | 23577 |
| the request of the prosecuting attorney, the superintendent shall | 23578 |
| present any evidence of criminal violations to the attorney | 23579 |
| general, who may proceed in the prosecution with all the rights, | 23580 |
| privileges, and powers conferred by law on prosecuting attorneys, | 23581 |
| including the power to appear before grand juries and to | 23582 |
| interrogate witnesses before such grand juries. These powers of | 23583 |
| the attorney general shall be in addition to any other applicable | 23584 |
| powers of the attorney general. | 23585 |
| (3) The prosecuting attorney of the county in which an | 23586 |
| alleged offense may be prosecuted may initiate criminal | 23587 |
| proceedings under sections 1322.01 to 1322.12 of the Revised Code. | 23588 |
| (4) In order to initiate criminal proceedings under sections | 23589 |
| 1322.01 to 1322.12 of the Revised Code, the attorney general shall | 23590 |
| first present any evidence of criminal violations to the | 23591 |
| prosecuting attorney of the county in which the alleged offense | 23592 |
| may be prosecuted. If, within a reasonable period of time, the | 23593 |
| prosecuting attorney has not agreed to prosecute the violations, | 23594 |
| the attorney general may proceed in the prosecution with all the | 23595 |
| rights, privileges, and powers described in division (B)(2) of | 23596 |
| this section. | 23597 |
| (5) When a judgment under this section becomes final, the | 23598 |
| clerk of court shall mail a copy of the judgment, including | 23599 |
| supporting opinions, to the superintendent. | 23600 |
| (C) The remedies provided by this section are in addition to | 23601 |
| any other remedy provided by law. | 23602 |
| (D) In any proceeding or action brought under sections | 23603 |
| 1322.01 to 1322.12 of the Revised Code, the burden of proving an | 23604 |
| exemption under those sections is on the person claiming the | 23605 |
| benefit of the exemption. | 23606 |
| (E) No person shall be deemed to violate sections 1322.01 to | 23607 |
| 1322.12 of the Revised Code with respect to any act taken or | 23608 |
| omission made in reliance on a written notice, written | 23609 |
| interpretation, or written report from the superintendent, unless | 23610 |
| there is a subsequent amendment to those sections, or rules | 23611 |
| promulgated thereunder, that affects the superintendent's notice, | 23612 |
| interpretation, or report. | 23613 |
| (F) Upon disbursement of mortgage loan proceeds to or on | 23614 |
| behalf of the buyer, the registrant that assisted the buyer to | 23615 |
| obtain the mortgage loan is deemed to have completed the | 23616 |
| performance of the registrant's services for the buyer and owes no | 23617 |
| additional duties or obligations to the buyer with respect to the | 23618 |
| mortgage loan. However, nothing in this division shall be | 23619 |
| construed to limit or preclude the civil or criminal liability of | 23620 |
| a registrant for failing to comply with sections 1322.01 to | 23621 |
| 1322.12 of the Revised Code or any rule adopted under those | 23622 |
| sections, for failing to comply with any provision of or duty | 23623 |
| arising under an agreement with a buyer or lender under sections | 23624 |
| 1322.01 to 1322.12 of the Revised Code, or for violating any other | 23625 |
| provision of state or federal law. | 23626 |
| (G) A buyer injured by a violation of any of the sections | 23627 |
| specified in division (A)(1) of this section is precluded from | 23628 |
| recovering any damages, plus reasonable attorney's fees and costs, | 23629 |
| if the buyer has also recovered any damages in a cause of action | 23630 |
| initiated under section 1322.081 of the Revised Code and the | 23631 |
| recovery of damages for a violation of any of the sections | 23632 |
| specified in division (A)(1) of this section is based on the same | 23633 |
| acts or circumstances as the basis for recovery of damages in | 23634 |
| section 1322.081 of the Revised Code. | 23635 |
| Sec. 1327.46. | 23636 |
| the Revised Code: | 23637 |
| (A) "Weights and measures" means all weights and measures of | 23638 |
| every kind, instruments and devices for weighing and measuring, | 23639 |
| and any appliances and accessories associated with any such | 23640 |
| instruments and devices, except that the term shall not be | 23641 |
| construed to include meters for the measurement of electricity, | 23642 |
| gas, whether natural or manufactured, or water when the same are | 23643 |
| operated in a public utility system. Such electricity, gas, and | 23644 |
| water meters, and appliances or accessories associated therewith | 23645 |
| are specifically excluded from the purview of the weights and | 23646 |
| measures laws. | 23647 |
| (B) "Intrastate commerce" means all commerce or trade that is | 23648 |
| begun, carried on, and completed wholly within the limits of this | 23649 |
| state, and "introduced into intrastate commerce" defines the time | 23650 |
| and place in which the first sale and delivery of a commodity is | 23651 |
| made within the state, the delivery being made either directly to | 23652 |
| the purchaser or to a common carrier for shipment to the | 23653 |
| purchaser. | 23654 |
| (C) "Package" means any commodity put up or packaged in any | 23655 |
| manner in advance of sale in units suitable for either wholesale | 23656 |
| or retail sale. | 23657 |
| (D) "Consumer package" means a package that is customarily | 23658 |
| produced or distributed for sale through a retail sales agency for | 23659 |
| consumption by an individual or use by an individual. | 23660 |
| (E) "Weight" as used in connection with any commodity means | 23661 |
| net weight. | 23662 |
| (F) "Correct" as used in connection with weights and measures | 23663 |
| means conformity with all applicable requirements of sections | 23664 |
|
1327.46 to | 23665 |
| pursuant to those sections. | 23666 |
| (G) "Primary standards" means the physical standards of the | 23667 |
| state that serve as the legal reference from which all other | 23668 |
| standards and weights and measures are derived. | 23669 |
| (H) "Secondary standards" means the physical standards that | 23670 |
| are traceable to the primary standards through comparisons, using | 23671 |
| acceptable laboratory procedures, and used in the enforcement of | 23672 |
| weights and measures laws and rules. | 23673 |
| (I) "Sale from bulk" means the sale of commodities when the | 23674 |
| quantity is determined at the time of sale. | 23675 |
| (J) "Net weight" means the weight of a commodity, excluding | 23676 |
| any materials, substances, or items not considered to be a part of | 23677 |
| the commodity. Materials, substances, or items not considered to | 23678 |
| be part of the commodity include, but are not limited to, | 23679 |
| containers, conveyances, bags, wrappers, packaging materials, | 23680 |
| labels, individual piece coverings, decorative accompaniments, and | 23681 |
| coupons. | 23682 |
| (K) "Random weight package" means a package that is one of a | 23683 |
| lot, shipment, or delivery of packages of the same commodity with | 23684 |
| no fixed pattern of weights. | 23685 |
| (L) "Motor fuel" means any liquid or gaseous matter that is | 23686 |
| used individually or blended for the generation of power in an | 23687 |
| internal combustion engine. | 23688 |
| (M) "ASTM" means the American society for testing and | 23689 |
| materials. | 23690 |
| (N) "NIST handbook 130" means the national institute of | 23691 |
| standards and technology handbook 130 "uniform laws and | 23692 |
| regulations in the areas of legal metrology and engine fuel | 23693 |
| quality." | 23694 |
| (O) "Petroleum products" means products that are obtained | 23695 |
| from the distilling and processing of crude oil and refinery blend | 23696 |
| stocks. | 23697 |
| (P) "Sold" includes keeping, offering, or exposing for sale. | 23698 |
| (Q) "Commercially used weighing and measuring device" means a | 23699 |
| device described in the national institute of standards and | 23700 |
| technology handbook 44 or its supplements and revisions and any | 23701 |
| other weighing and measuring device designated by rules adopted | 23702 |
| under section 1327.501 of the Revised Code. | 23703 |
| Sec. 1327.50. The director of agriculture shall: | 23704 |
| (A) Maintain traceability of the state standards to those of | 23705 |
| the national institute of standards and technology; | 23706 |
| (B) Enforce sections 1327.46 to | 23707 |
| Revised Code; | 23708 |
| (C) Issue reasonable rules for the uniform enforcement of | 23709 |
|
sections 1327.46 to | 23710 |
| rules shall have the force and effect of law; | 23711 |
| (D) Establish standards of weight, measure, or count, | 23712 |
| reasonable standards of fill, and standards for the voluntary | 23713 |
| presentation of cost per unit information for any package; | 23714 |
| (E) Grant any exemptions from sections 1327.46 to | 23715 |
| 1327.71 of the Revised Code, or any rules adopted under those | 23716 |
| sections, when appropriate to the maintenance of good commercial | 23717 |
| practices in the state; | 23718 |
| (F) Conduct investigations to ensure compliance with sections | 23719 |
|
1327.46 to | 23720 |
| (G) Delegate to appropriate personnel any of these | 23721 |
| responsibilities for the proper administration of the director's | 23722 |
| office; | 23723 |
| (H) Test as often as is prescribed by rule the standards of | 23724 |
| weight and measure used by any municipal corporation or county | 23725 |
| within the state, and approve the same when found to be correct; | 23726 |
| (I) Inspect and test weights and measures | 23727 |
| 23728 |
| (J) Inspect and test to ascertain if they are correct, | 23729 |
| weights and measures commercially used either: | 23730 |
| (1) In determining the weight, measure, or count of | 23731 |
|
commodities or things sold | 23732 |
| basis of weight, measure, or count; | 23733 |
| (2) In computing the basic charge or payment for goods or | 23734 |
| services rendered on the basis of weight, measure, or count. | 23735 |
| (K) Test all weights and measures used in checking the | 23736 |
| receipt or disbursement of supplies in every institution, for the | 23737 |
| maintenance of which funds are appropriated by the general | 23738 |
| assembly; | 23739 |
| (L) Approve for use, and may mark, such weights and measures | 23740 |
| as the director finds to be correct, and shall reject and mark as | 23741 |
| rejected such weights and measures as the director finds to be | 23742 |
| incorrect. Weights and measures that have been rejected may be | 23743 |
| seized if not corrected within the time specified or if used or | 23744 |
| disposed of in a manner not specifically authorized, and may be | 23745 |
| condemned and seized if found to be incorrect and not capable of | 23746 |
| being made correct. | 23747 |
| (M) Weigh, measure, or inspect packaged commodities | 23748 |
| 23749 | |
| delivery to determine whether they contain the amounts represented | 23750 |
|
and
whether they are | 23751 |
|
accordance
with sections 1327.46 to | 23752 |
| Code or rules adopted under those sections. In carrying out this | 23753 |
| section, the director shall employ recognized sampling procedures, | 23754 |
| such as those designated in the national institute of standards | 23755 |
| and technology handbook 133 "checking the net contents of packaged | 23756 |
| goods." | 23757 |
| (N) Prescribe by rule the appropriate term or unit of weight | 23758 |
| or measure to be used, whenever the director determines in the | 23759 |
| case of a specific commodity that an existing practice of | 23760 |
| declaring the quantity by weight, measure, numerical count, or | 23761 |
| combination thereof, does not facilitate value comparisons by | 23762 |
| consumers, or offers an opportunity for consumer confusion; | 23763 |
| (O) Allow reasonable variations from the stated quantity of | 23764 |
| contents, which shall include those caused by unavoidable | 23765 |
| deviations in good manufacturing practice and by loss or gain of | 23766 |
| moisture during the course of good distribution practice, only | 23767 |
| after the commodity has entered intrastate commerce; | 23768 |
| (P) Provide for the weights and measures training of | 23769 |
| inspector personnel and establish minimum training requirements, | 23770 |
| which shall be met by all inspector personnel, whether county, | 23771 |
| municipal, or state; | 23772 |
| (Q) Prescribe the methods of tests and inspections to be | 23773 |
|
employed in the enforcement of sections 1327.46 to | 23774 |
| of the Revised Code. The director may prescribe the official test | 23775 |
| and inspection forms to be used. | 23776 |
| (R) Provide by rule for voluntary registration with the | 23777 |
| director of private weighing and measuring device servicing | 23778 |
| agencies, and personnel; | 23779 |
| (S) In conjunction with the national institute of standards | 23780 |
| and technology, operate a type evaluation program for | 23781 |
| certification of weighing and measuring devices as part of the | 23782 |
| national type evaluation program and operate a metrology | 23783 |
| laboratory program. The director shall establish a schedule of | 23784 |
| fees for services rendered by the department of agriculture for | 23785 |
| the type
evaluation | 23786 |
| program. The director may require any weighing or measuring | 23787 |
| instrument or device to be traceable to a national type evaluation | 23788 |
| program certificate of conformance prior to use for commercial or | 23789 |
| law enforcement purposes. | 23790 |
| (T) Administer the fuel quality testing program in accordance | 23791 |
| with sections 1327.70 and 1327.71 of the Revised Code and rules | 23792 |
| adopted under them. | 23793 |
| Sec. 1327.501. (A) On and after the effective date of the | 23794 |
| rules adopted under this section, no person shall operate a | 23795 |
| commercially used weighing and measuring device in this state | 23796 |
| unless the operator of the device obtains a permit issued by the | 23797 |
| director of agriculture or the director's designee. | 23798 |
| (B) An application for a permit shall be submitted to the | 23799 |
| director on a form that the director prescribes and provides. The | 23800 |
| applicant shall include with the application any information that | 23801 |
| is specified on the application form as well as the application | 23802 |
| fee established in rules adopted under this section. | 23803 |
| (C) Upon receipt of a completed application and the required | 23804 |
| fee from an applicant, the director or the director's designee | 23805 |
| shall issue or deny the permit to operate the commercially used | 23806 |
| weighing and measuring device that was the subject of the | 23807 |
| application. | 23808 |
| (D) A permit issued under this section expires on the | 23809 |
| thirtieth day of June of the year following its issuance and may | 23810 |
| be renewed annually on or before the first day of July of that | 23811 |
| year upon payment of a permit renewal fee established in rules | 23812 |
| adopted under this section. | 23813 |
| (E) If a permit renewal fee is more than sixty days past due, | 23814 |
| the director may assess a late penalty in an amount established by | 23815 |
| rules adopted under this section. | 23816 |
| (F) The director shall adopt rules in accordance with Chapter | 23817 |
| 119. of the Revised Code that do all of the following: | 23818 |
| (1) Establish procedures and requirements governing the | 23819 |
| issuance or denial of permits under this section; | 23820 |
| (2) Designate weighing and measuring devices for which a | 23821 |
| permit is required under this section in addition to those devices | 23822 |
| specified in the national institute of standards and technology | 23823 |
| handbook 44 or its supplements and revisions; | 23824 |
| (3) Establish application fees required to be paid by | 23825 |
| applicants for permits under this section; | 23826 |
| (4) Establish permit renewal fees required to be paid by | 23827 |
| permittees under this section; | 23828 |
| (5) Establish late penalties to be assessed for the late | 23829 |
| payment of a permit renewal fee and fees for the replacement of | 23830 |
| lost or destroyed permits. | 23831 |
| (G) All money collected through the payment of fees and the | 23832 |
| imposition of penalties under this section shall be credited to | 23833 |
| the metrology and scale certification and device permitting fund | 23834 |
| created in section 1327.511 of the Revised Code. | 23835 |
| Sec. 1327.51. (A) When necessary for the enforcement of | 23836 |
|
sections 1327.46 to | 23837 |
| adopted pursuant thereto, the director of agriculture and any | 23838 |
| weights and measures official acting under the authority of | 23839 |
| section 1327.52 of the Revised Code may do any of the following: | 23840 |
| (1) Enter any commercial premises during normal business | 23841 |
| hours, except that in the event such premises are not open to the | 23842 |
|
public, | 23843 |
| director's or official's credentials and obtain consent before | 23844 |
| making entry thereto, unless a search warrant previously has been | 23845 |
| obtained; | 23846 |
| (2) Issue stop-use, hold, and removal orders with respect to | 23847 |
| any weights and measures commercially used, and stop-sale, hold, | 23848 |
| and removal orders with respect to any packaged commodities or | 23849 |
|
bulk commodity observed to be or believed to be | 23850 |
| 23851 |
| (3) Seize for use as evidence any incorrect or unapproved | 23852 |
| weight or measure or any package or commodity found to be used, | 23853 |
|
retained, | 23854 |
|
sections 1327.46 to | 23855 |
| 23856 |
| (B) The director shall afford an opportunity for a hearing in | 23857 |
| accordance with Chapter 119. of the Revised Code to any owner or | 23858 |
|
operator whose property is seized by the | 23859 |
| agriculture. | 23860 |
| Sec. 1327.511. All money collected under | 23861 |
| 1327.50 and 1327.501 of the Revised Code from fees and for | 23862 |
| services rendered by the department of agriculture in operating | 23863 |
| the type evaluation program, metrology laboratory program, and | 23864 |
| device permitting program, as applicable, shall be deposited in | 23865 |
| the state treasury to the credit of the metrology and scale | 23866 |
| certification and device permitting fund, which is hereby created. | 23867 |
| Money credited to the fund shall be used to pay operating costs | 23868 |
|
incurred by the department in
administering the | 23869 |
| of weights and measures, including administrative costs incurred | 23870 |
| by the division. | 23871 |
| Sec. 1327.52. Any weights and measures official elected or | 23872 |
|
appointed for a
county or | 23873 |
|
have the duties enumerated in divisions (I) to
| 23874 |
|
1327.50 of the Revised Code | 23875 |
| (M) of section 1327.50 of the Revised Code with the exception of | 23876 |
| duties enumerated in sections 1327.501, 1327.511, 1327.62, | 23877 |
| 1327.65, 1327.70, and 1327.71 of the Revised Code; and the powers | 23878 |
| enumerated in section 1327.51 of the Revised Code. These powers | 23879 |
| and duties shall extend to the respective jurisdictions, except | 23880 |
| that the jurisdiction of a county official shall not extend to any | 23881 |
| municipal corporation for which a weights and measures official | 23882 |
| has been appointed. The director of agriculture shall advise and | 23883 |
| assist these officials. | 23884 |
| Sec. 1327.54. No person shall misrepresent the price of any | 23885 |
|
commodity or
service sold | 23886 |
| sale by weight, measure, or count, nor represent the price in any | 23887 |
| manner calculated or tending to mislead or in any way deceive a | 23888 |
| person. | 23889 |
| Sec. 1327.57. (A) Except as otherwise provided by law, any | 23890 |
| consumer package or commodity in package form introduced or | 23891 |
| delivered for introduction into or received in intrastate | 23892 |
|
commerce | 23893 |
| 23894 | |
| package a definite, plain, and conspicuous declaration, as may be | 23895 |
| prescribed by rule adopted by the director of agriculture, of any | 23896 |
| of the following, as applicable: | 23897 |
| (1) The identity of the commodity in the package unless the | 23898 |
| same can easily be identified through the wrapper or container; | 23899 |
| (2) The net quantity of the contents in terms of weight, | 23900 |
| measure, or count; | 23901 |
| (3) In the case of any package | 23902 |
| 23903 | |
| packed, the name and place of business of the manufacturer, | 23904 |
| packer, or distributor. | 23905 |
| This section does not apply to beer or intoxicating liquor as | 23906 |
| defined in section 4301.01 of the Revised Code, or packages | 23907 |
| thereof, or to malt or brewer's wort, or packages thereof. | 23908 |
| (B) Under division (A)(2) of this section, neither the | 23909 |
| qualifying term "when packed" or any words of similar import, nor | 23910 |
| any term qualifying a unit of weight, measure, or count that tends | 23911 |
| to exaggerate the amount of commodity in a package, shall be used. | 23912 |
| (C) In addition to the declarations required by division (A) | 23913 |
| of this section, any package or commodity in package form, if the | 23914 |
| package is one of a lot containing random weights, measures, or | 23915 |
| counts of the same commodity and bears the total selling price of | 23916 |
| the package, shall bear on the outside of the package a plain and | 23917 |
| conspicuous declaration of the price per single unit of weight, | 23918 |
| measure, or count. | 23919 |
| (D) No package or commodity in package form shall be so | 23920 |
| wrapped, nor shall it be in a container so made, formed, or | 23921 |
| filled, as to mislead the purchaser as to the quantity of the | 23922 |
| contents of the package, and the contents of a container shall not | 23923 |
| fall below any reasonable standard of fill that may have been | 23924 |
| prescribed for the commodity in question by the director. | 23925 |
| Sec. 1327.58. Irrespective of whether or not there exists an | 23926 |
| adequate remedy at law, the director of agriculture may apply to | 23927 |
| any court of competent jurisdiction for a temporary or permanent | 23928 |
| injunction or other appropriate relief restraining any person from | 23929 |
|
continued violation of sections 1327.46 to
| 23930 |
|
Revised Code and of | 23931 |
| thereunder. | 23932 |
| Sec. 1327.60. Enactment of sections 1327.46 to | 23933 |
| 1327.71 of the Revised Code
does not affect any | 23934 |
| 23935 | |
| enabling statute unless inconsistent with sections 1327.46 to | 23936 |
| 23937 | |
| director of agriculture. | 23938 |
| Sec. 1327.62. Whenever the director of agriculture, or | 23939 |
| the director's designee, has cause to believe that any person has | 23940 |
|
violated, or
is violating, | 23941 |
| provision of sections 1327.46 to 1327.71 of the Revised Code or | 23942 |
|
rules adopted under them, | 23943 |
| designee, may conduct a hearing in accordance with Chapter 119. of | 23944 |
| the Revised Code to determine whether a violation has occurred. If | 23945 |
|
the director or | 23946 |
|
person has violated or is violating | 23947 |
| provision of sections 1327.46 to 1327.71 of the Revised Code or | 23948 |
|
rules adopted under them, | 23949 |
| designee may assess a civil penalty against the person. The person | 23950 |
| is liable for a civil penalty of not more than five hundred | 23951 |
| dollars for a first violation; for a second violation the person | 23952 |
| is liable for a civil penalty of not more than two thousand five | 23953 |
| hundred dollars; for each subsequent violation that occurs within | 23954 |
| five years after the second violation, the person is liable for a | 23955 |
| civil penalty of not more than ten thousand dollars. | 23956 |
| Any person assessed a civil penalty under this section shall | 23957 |
| pay the amount prescribed to the department of agriculture. The | 23958 |
| department shall remit all moneys collected under this section to | 23959 |
| the treasurer of state for deposit in the general revenue fund. | 23960 |
| Sec. 1327.70. | 23961 |
| | 23962 |
| 23963 |
| | 23964 |
| 23965 |
| | 23966 |
| with Chapter 119. of the Revised Code establishing a motor fuel | 23967 |
| quality testing program that is uniform throughout the state. The | 23968 |
| rules shall do all of the following: | 23969 |
| (A) Establish fuel quality requirements that are modeled on | 23970 |
| the uniform laws and regulations in NIST handbook 130; | 23971 |
| (B) Incorporate standards for motor fuel based on the | 23972 |
| standards developed by ASTM committee D02 on petroleum products; | 23973 |
| (C) Establish requirements governing the standards and | 23974 |
| identity of fuels and petroleum and the advertising, posting of | 23975 |
| prices, and labeling of products; | 23976 |
| (D) Establish any other procedures and requirements that are | 23977 |
| necessary to implement this section, including the imposition of | 23978 |
| penalties. | 23979 |
| Sec. 1327.71. There is hereby created in the state treasury | 23980 |
| the fuel quality testing fund consisting of the proceeds of any | 23981 |
| fines resulting from penalties imposed in accordance with rules | 23982 |
| adopted under section 1327.70 of the Revised Code. Money in the | 23983 |
| fund shall be used to pay the costs incurred by the department of | 23984 |
| agriculture in implementing and administering the motor fuel | 23985 |
| quality testing program and the weights and measures program and | 23986 |
| to pay overhead costs of the department. | 23987 |
| Sec. 1327.99. Whoever violates section 1327.501, section | 23988 |
|
1327.54 | 23989 |
| section 1327.70 of the Revised Code or rules adopted under those | 23990 |
| sections is guilty of a misdemeanor of the second degree on a | 23991 |
| first offense; on each subsequent offense within seven years after | 23992 |
|
the first offense, | 23993 |
| the first degree. | 23994 |
| Sec. 1332.24. (A)(1) In accordance with section 1332.25 of | 23995 |
| the Revised Code, the director of commerce may issue to any | 23996 |
| person, or renew, a video service authorization, which | 23997 |
| authorization confers on the person the authority, subject to | 23998 |
| sections 1332.21 to 1332.34 of the Revised Code, to provide video | 23999 |
| service in its video service area; construct and operate a video | 24000 |
| service network in, along, across, or on public rights-of-way for | 24001 |
| the provision of video service; and, when necessary to provide | 24002 |
| that service, exercise the power of a telegraph company under | 24003 |
| section 4931.04 of the Revised Code. The term of a video service | 24004 |
| authorization or authorization renewal shall be ten years. | 24005 |
| (2) For the purposes of the "Cable Communications Policy Act | 24006 |
| of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et | 24007 |
| seq., a video service authorization shall constitute a franchise | 24008 |
| under that law, and the director shall be the sole franchising | 24009 |
| authority under that law for video service authorizations in this | 24010 |
| state. | 24011 |
| (3) The director may impose upon and collect an annual | 24012 |
| assessment on video service providers. All money collected under | 24013 |
| division (A)(3) of this section shall be deposited to the credit | 24014 |
| of the division of administration fund created under section | 24015 |
| 121.08 of the Revised Code. The total amount assessed in a fiscal | 24016 |
| year shall not exceed the lesser of four hundred fifty thousand | 24017 |
| dollars or, as shall be determined annually by the director, the | 24018 |
| department's actual, current fiscal year administrative costs in | 24019 |
| carrying out its duties under sections 1332.21 to 1332.34 of the | 24020 |
| Revised Code. The director shall allocate that total amount | 24021 |
| proportionately among the video service providers to be | 24022 |
| assessed, using a formula based on subscriber counts as of the | 24023 |
| thirty-first day of December of the preceding calendar year, which | 24024 |
| counts shall be submitted to the director not later than the | 24025 |
| thirty-first day of January of each year via a notarized statement | 24026 |
| signed by an authorized officer. Any information submitted by a | 24027 |
| video service provider to the director for the purpose of | 24028 |
| determining subscriber counts shall be considered trade secret | 24029 |
| information, shall not be disclosed except by court order, and | 24030 |
| shall not constitute a public record under section 149.43 of the | 24031 |
| Revised Code. On or about the first day of June of each year, the | 24032 |
| director shall send to each video service provider to be | 24033 |
| assessed written notice of its proportional amount of the total | 24034 |
| assessment. The provider shall pay that amount not later than | 24035 |
| thirty days following the date the notice is sent. After the | 24036 |
| initial assessment, the director annually shall reconcile the | 24037 |
| amount collected with the total, current amount assessed | 24038 |
| pursuant to this section, and either shall charge each assessed | 24039 |
| video service provider its respective proportion of any | 24040 |
| insufficiency or proportionately credit the provider's next | 24041 |
| assessment for any excess collected. | 24042 |
| (B)(1) The director may investigate alleged violations of or | 24043 |
| failures to comply with division (A) of section 1332.23, division | 24044 |
| (A) of this section, division (C) of section 1332.25, division | 24045 |
| (C) or (D) of section 1332.26, division (A), (B), or (C) of | 24046 |
| section 1332.27, division (A) of section 1332.28, division (A) or | 24047 |
| (B) of section 1332.29, or section 1332.30 or 1332.31 of the | 24048 |
| Revised Code, or complaints concerning any such violation or | 24049 |
| failure. Except as provided in this section, the director has no | 24050 |
| authority to regulate video service in this state, including, but | 24051 |
| not limited to, the rates, terms, or conditions of that service. | 24052 |
| (2) In conducting an investigation under division (B)(1) of | 24053 |
| this section, the director, by subpoena, may compel witnesses to | 24054 |
| testify in relation to any matter over which the director has | 24055 |
| jurisdiction and may require the production of any book, record, | 24056 |
| or other document pertaining to that matter. If a person fails to | 24057 |
| file any statement or report, obey any subpoena, give testimony, | 24058 |
| produce any book, record, or other document as required by a | 24059 |
| subpoena, or permit photocopying of any book, record, or other | 24060 |
| document subpoenaed, the court of common pleas of any county in | 24061 |
| this state, upon application made to it by the director, shall | 24062 |
| compel obedience by attachment proceedings for contempt, as in the | 24063 |
| case of disobedience of the requirements of a subpoena issued from | 24064 |
| the court or a refusal to testify. | 24065 |
| (C)(1) If the director finds that a person has violated or | 24066 |
| failed to comply with division (A) of section 1332.23, division | 24067 |
| (A) of this section, division (C) of section 1332.25, division | 24068 |
| (C) or (D) of section 1332.26, division (A), (B), or (C) of | 24069 |
| section 1332.27, division (A) of section 1332.28, division (A) or | 24070 |
| (B) of section 1332.29, or section 1332.30 or 1332.31 of the | 24071 |
| Revised Code, and the person has failed to cure the violation or | 24072 |
| failure after reasonable, written notice and reasonable time to | 24073 |
| cure, the director may do any of the following: | 24074 |
| (a) Apply to the court of common pleas of any county in this | 24075 |
| state for an order enjoining the activity or requiring compliance. | 24076 |
| Such an action shall be commenced not later than three years after | 24077 |
| the date the alleged violation or failure occurred or was | 24078 |
| reasonably discovered. Upon a showing by the director that the | 24079 |
| person has engaged in a violation or failure to comply, the court | 24080 |
| shall grant an injunction, restraining order, or other appropriate | 24081 |
| relief. | 24082 |
| (b) Enter into a written assurance of voluntary compliance | 24083 |
| with the person; | 24084 |
| (c) Pursuant to an adjudication under Chapter 119. of the | 24085 |
| Revised Code, assess a civil penalty in an amount determined by | 24086 |
| the director, including for any failure to comply with an | 24087 |
| assurance of voluntary compliance under division (C)(1)(b) of this | 24088 |
| section. The amount shall be not more than one thousand dollars | 24089 |
| for each day of violation or noncompliance, not to exceed a total | 24090 |
| of ten thousand dollars, counting all subscriber impacts as a | 24091 |
| single violation or act of noncompliance. In determining whether a | 24092 |
| civil penalty is appropriate under division (C)(1)(c) of this | 24093 |
| section, the director shall consider all of the following factors: | 24094 |
| (i) The seriousness of the noncompliance; | 24095 |
| (ii) The good faith efforts of the person to comply; | 24096 |
| (iii) The person's history of noncompliance; | 24097 |
| (iv) The financial resources of the person; | 24098 |
| (v) Any other matter that justice requires. | 24099 |
| Civil penalties collected pursuant to division (C)(1)(c) of | 24100 |
| this section shall be deposited to the credit of the video service | 24101 |
| enforcement fund in the state treasury, which is hereby created, | 24102 |
| to be used by the department of commerce in carrying out its | 24103 |
| duties under this section. | 24104 |
| (2) Pursuant to an adjudication under Chapter 119. of the | 24105 |
| Revised Code, the director may revoke, in whole or in part, the | 24106 |
| video service authorization of any person that has repeatedly and | 24107 |
| knowingly violated or failed to comply with division (A) of | 24108 |
| section 1332.23, division (A) of this section, division (C) of | 24109 |
| section 1332.25, division (C) or (D) of section 1332.26, division | 24110 |
| (A), (B), or (C) of section 1332.27, division (A) of section | 24111 |
| 1332.28, division (A) or (B) of section 1332.29, or section | 24112 |
| 1332.30 or 1332.31 of the Revised Code and that has failed to | 24113 |
| cure the violations or noncompliances after reasonable written | 24114 |
| notice and reasonable time to cure. Such person acts knowingly, | 24115 |
| regardless of the person's purpose, when the person is aware that | 24116 |
| the person's conduct will probably cause a certain result or will | 24117 |
| probably be of a certain nature. A person has knowledge of | 24118 |
| circumstances when the person is aware that such circumstances | 24119 |
| probably exist. | 24120 |
| (3) The court shall conduct a de novo review in any appeal | 24121 |
| from an adjudication under division (C)(1)(c) or (C)(2) of this | 24122 |
| section. | 24123 |
| (D) The public utilities commission has no authority over a | 24124 |
| video service provider in its offering of video service or a cable | 24125 |
| operator in its offering of cable or video service, or over any | 24126 |
| person in its offering of video service pursuant to a competitive | 24127 |
| video service agreement. | 24128 |
| Sec. 1332.25. (A) An application made to the director of | 24129 |
| commerce for a video service authorization under section 1332.24 | 24130 |
| of the Revised Code shall require and contain only the following: | 24131 |
| (1) Specification of the location of the applicant's | 24132 |
| principal place of business and the names of the applicant's | 24133 |
| principal executive officers; | 24134 |
| (2) Specification of the geographic and political boundaries | 24135 |
| of the applicant's proposed video service area; | 24136 |
| (3) A general description of the type or types of | 24137 |
| technologies the applicant will use to deliver the video | 24138 |
| programming, which may include wireline, wireless, or any other | 24139 |
| alternative technology, subject, as applicable, to section 1332.29 | 24140 |
| of the Revised Code; | 24141 |
| (4) An attestation that the applicant has filed or will | 24142 |
| timely file with the federal communications commission all forms | 24143 |
| required by that agency in advance of offering video service in | 24144 |
| this state; | 24145 |
| (5) An attestation that the applicant will comply with | 24146 |
| applicable federal, state, and local laws; | 24147 |
| (6) An attestation that the applicant is legally, | 24148 |
| financially, and technically qualified to provide video service; | 24149 |
| (7) A description of the applicant's customer complaint | 24150 |
| handling process, including policies on addressing customer | 24151 |
| service issues, billing adjustments, and communication with | 24152 |
| government officials regarding customer complaints, and a local or | 24153 |
| toll-free telephone number at which a customer may contact the | 24154 |
| applicant. | 24155 |
| (B) For the purpose of division (A)(2) of this section: | 24156 |
| (1) The video service areas of video service providers may | 24157 |
| overlap. | 24158 |
| (2) A specified video service area shall be coextensive with | 24159 |
| municipal, township unincorporated area, or county boundaries, | 24160 |
| except as authorized under division (B)(3) or (4) of this section, | 24161 |
| but nothing in sections 1332.21 to 1332.34 of the Revised Code | 24162 |
| shall require a video service provider to provide access to video | 24163 |
| service within the entire video service area. | 24164 |
| (3) The specified video service area of a person using | 24165 |
|
telecommunications facilities to provide video service on | 24166 |
| 24167 | |
| person later so using telecommunications facilities shall be the | 24168 |
| geographic area in which the person offers basic local exchange | 24169 |
| service. | 24170 |
| (4) Subject to division (C)(2) of section 1332.27 of the | 24171 |
| Revised Code, the specified video service area of an applicant | 24172 |
| cable operator that offers service under a franchise in effect on | 24173 |
| 24174 | |
| shall be, at minimum, the franchise area established under that | 24175 |
| franchise. | 24176 |
| (C) A video service provider shall immediately file an | 24177 |
| application to amend its video service authorization with the | 24178 |
| director to reflect any change in the information required under | 24179 |
| division (A)(1), (2), or (3) of this section. An amendment | 24180 |
| pursuant to division (A)(2) of this section shall include any new | 24181 |
| delivery technology information required by division (A)(3) of | 24182 |
| this section. | 24183 |
| (D) Within thirty days after its filing or within thirty days | 24184 |
| after the filing of supplemental information necessary to make it | 24185 |
| complete, the director shall determine the completeness of an | 24186 |
| application filed under division (A) or (C) of this section | 24187 |
| relative to the respective requirements of divisions (A), (B), and | 24188 |
| (C) of this section and, as applicable, shall notify the applicant | 24189 |
| of an incompleteness determination, state the bases for that | 24190 |
| determination, and inform the applicant that it may resubmit a | 24191 |
| corrected application. The director shall issue a video service | 24192 |
| authorization, authorization renewal, or amended authorization | 24193 |
| within fifteen days after the director's determination that the | 24194 |
| filed application is complete. | 24195 |
| If the director does not notify the applicant regarding the | 24196 |
| completeness of the application within the time period specified | 24197 |
| in this division or does not issue the authorization requested by | 24198 |
| a completed application within the applicable time period, the | 24199 |
| application shall be deemed complete, and the authorization or | 24200 |
| amended authorization deemed issued on the forty-fifth day after | 24201 |
| the application's filing date. | 24202 |
| (E) An applicant shall pay a two thousand dollar | 24203 |
| nonrefundable fee for each application filed under division (A) of | 24204 |
| this section and a one hundred dollar nonrefundable fee for each | 24205 |
| application to amend filed under division (C) of this section. | 24206 |
| Fees collected under this division shall be deposited to the | 24207 |
| credit of the video service authorization fund in the state | 24208 |
| treasury, which is hereby created, to be used by the department of | 24209 |
|
commerce in carrying out its duties under | 24210 |
| 1332.21 to 1332.34 of the Revised Code. | 24211 |
| (F) No video service provider shall identify or make | 24212 |
| reference to an application fee under division (E) of this section | 24213 |
| or an assessment under section 1332.24 of the Revised Code on any | 24214 |
| subscriber bill or in conjunction with charging any fee to the | 24215 |
| subscriber. | 24216 |
| (G) An applicant may identify any information in its | 24217 |
| application as trade secret information, and if, upon its written | 24218 |
| request to the director, the director reasonably affirms all or | 24219 |
| part of that information as trade secret information, the | 24220 |
| information so affirmed does not constitute a public record for | 24221 |
| the purpose of section 149.43 of the Revised Code. | 24222 |
| Sec. 1343.011. (A) As used in this section: | 24223 |
| (1) "Discount points" means any charges, whether or not | 24224 |
| actually denominated as "discount points," that are paid by the | 24225 |
| seller or the buyer of residential real property to a residential | 24226 |
| mortgage lender or that are deducted and retained by a residential | 24227 |
| mortgage lender from the proceeds of the residential mortgage. | 24228 |
| "Discount points" does not include the costs associated with | 24229 |
| settlement services as defined in the "Real Estate Settlement | 24230 |
| Procedures Act of 1974," 88 Stat. 1724, 12 U.S.C. 2601, amendments | 24231 |
| thereto, reenactments thereof, enactments parallel thereto, or in | 24232 |
| substitution therefor, or regulations issued thereunder. | 24233 |
| (2) "Residential mortgage" means an obligation to pay a sum | 24234 |
| of money evidenced by a note and secured by a lien upon real | 24235 |
| property located within this state containing two or fewer | 24236 |
| residential units or on which two or fewer residential units are | 24237 |
| to be constructed and includes such an obligation on a residential | 24238 |
| condominium or cooperative unit. | 24239 |
| (3) "Residential mortgage lender" means any person, bank, or | 24240 |
| savings and loan association that lends money or extends or grants | 24241 |
| credit and obtains a residential mortgage to assure payment of the | 24242 |
| debt. The term also includes the holder at any time of a | 24243 |
| residential mortgage obligation. | 24244 |
| (B) Except residential mortgage loans described in division | 24245 |
| (B)(3) of section 1343.01 of the Revised Code, no residential | 24246 |
| mortgage lender shall receive either directly or indirectly from a | 24247 |
| seller or buyer of real estate any discount points in excess of | 24248 |
| two per cent of the original principal amount of the residential | 24249 |
| mortgage. This division is not a limitation on discount points or | 24250 |
| other charges for purposes of section 501(b)(4) of the "Depository | 24251 |
| Institutions Deregulation and Monetary Control Act of 1980," 94 | 24252 |
| Stat. 161, 12 U.S.C.A. 1735f-7a. | 24253 |
| (C)(1) Except as provided in division (C)(2) of this section, | 24254 |
| residential mortgage obligations may be prepaid or refinanced | 24255 |
| without penalty at any time after five years from the execution | 24256 |
| date of the mortgage. Prior to such time a prepayment or | 24257 |
| refinancing penalty may be provided not in excess of one per cent | 24258 |
| of the original principal amount of the residential mortgage. | 24259 |
| (2)(a) No penalty may be charged for the prepayment or | 24260 |
| refinancing of a residential mortgage obligation of less than | 24261 |
| seventy-five thousand dollars that is made or arranged by a | 24262 |
|
mortgage broker, loan | 24263 |
| lender, as those terms are defined in section 1345.01 of the | 24264 |
| Revised Code, and that is secured by a mortgage on a borrower's | 24265 |
| real estate that is a first lien on the real estate. | 24266 |
| (b) The amount specified in division (C)(2)(a) of this | 24267 |
| section shall be adjusted annually on the first day of January by | 24268 |
| the annual percentage change in the consumer price index for all | 24269 |
| urban consumers, midwest region, all items, as determined by the | 24270 |
| bureau of labor statistics of the United States department of | 24271 |
| labor or, if that index is no longer published, a generally | 24272 |
| available comparable index, as reported on the first day of June | 24273 |
| of the year preceding the adjustment. The department of commerce | 24274 |
| shall publish the adjusted amounts on its official web site. | 24275 |
| Sec. 1345.01. As used in sections 1345.01 to 1345.13 of the | 24276 |
| Revised Code: | 24277 |
| (A) "Consumer transaction" means a sale, lease, assignment, | 24278 |
| award by chance, or other transfer of an item of goods, a service, | 24279 |
| a franchise, or an intangible, to an individual for purposes that | 24280 |
| are primarily personal, family, or household, or solicitation to | 24281 |
| supply any of these things. "Consumer transaction" does not | 24282 |
| include transactions between persons, defined in sections 4905.03 | 24283 |
| and 5725.01 of the Revised Code, and their customers, except for | 24284 |
| transactions involving a loan made pursuant to sections 1321.35 to | 24285 |
| 1321.48 of the Revised Code and transactions in connection with | 24286 |
|
residential mortgages between loan | 24287 |
| brokers, or nonbank mortgage lenders and their customers; | 24288 |
| transactions between certified public accountants or public | 24289 |
| accountants and their clients; transactions between attorneys, | 24290 |
| physicians, or dentists and their clients or patients; and | 24291 |
| transactions between veterinarians and their patients that | 24292 |
| pertain to medical treatment but not ancillary services. | 24293 |
| (B) "Person" includes an individual, corporation, government, | 24294 |
| governmental subdivision or agency, business trust, estate, trust, | 24295 |
| partnership, association, cooperative, or other legal entity. | 24296 |
| (C) "Supplier" means a seller, lessor, assignor, franchisor, | 24297 |
| or other person engaged in the business of effecting or soliciting | 24298 |
| consumer transactions, whether or not the person deals directly | 24299 |
| with the consumer. If the consumer transaction is in connection | 24300 |
| with a residential mortgage, "supplier" does not include an | 24301 |
| assignee or purchaser of the loan for value, except as otherwise | 24302 |
| provided in section 1345.091 of the Revised Code. For purposes of | 24303 |
| this division, in a consumer transaction in connection with a | 24304 |
|
residential mortgage, "seller" means a loan | 24305 |
| mortgage broker, or nonbank mortgage lender. | 24306 |
| (D) "Consumer" means a person who engages in a consumer | 24307 |
| transaction with a supplier. | 24308 |
| (E) "Knowledge" means actual awareness, but such actual | 24309 |
| awareness may be inferred where objective manifestations indicate | 24310 |
| that the individual involved acted with such awareness. | 24311 |
| (F) "Natural gas service" means the sale of natural gas, | 24312 |
| exclusive of any distribution or ancillary service. | 24313 |
| (G) "Public telecommunications service" means the | 24314 |
| transmission by electromagnetic or other means, other than by a | 24315 |
| telephone company as defined in section 4927.01 of the Revised | 24316 |
| Code, of signs, signals, writings, images, sounds, messages, or | 24317 |
| data originating in this state regardless of actual call routing. | 24318 |
| "Public telecommunications service" excludes a system, including | 24319 |
| its construction, maintenance, or operation, for the provision of | 24320 |
| telecommunications service, or any portion of such service, by any | 24321 |
| entity for the sole and exclusive use of that entity, its parent, | 24322 |
| a subsidiary, or an affiliated entity, and not for resale, | 24323 |
| directly or indirectly; the provision of terminal equipment used | 24324 |
| to originate telecommunications service; broadcast transmission by | 24325 |
| radio, television, or satellite broadcast stations regulated by | 24326 |
| the federal government; or cable television service. | 24327 |
| (H) "Loan | 24328 |
| section 1322.01 of the Revised Code, and includes a "mortgage | 24329 |
| loan originator" as defined in section 1321.51 of the Revised | 24330 |
| Code, except that it does not include an employee of a bank, | 24331 |
| savings bank, savings and loan association, credit union, or | 24332 |
| credit union service organization organized under the laws of | 24333 |
| this state, another state, or the United States; an employee of a | 24334 |
| subsidiary of such a bank, savings bank, savings and loan | 24335 |
| association, or credit union; or an employee of an affiliate that | 24336 |
| (1) controls, is controlled by, or is under common control with, | 24337 |
| such a bank, savings bank, savings and loan association, or | 24338 |
| credit union and (2) is subject to examination, supervision, and | 24339 |
| regulation, including with respect to the affiliate's compliance | 24340 |
| with applicable consumer protection requirements, by the board of | 24341 |
| governors of the federal reserve system, the comptroller of the | 24342 |
| currency, the office of thrift supervision, the federal deposit | 24343 |
| insurance corporation, or the national credit union | 24344 |
| administration. | 24345 |
| (I) "Residential mortgage" or "mortgage" means an obligation | 24346 |
| to pay a sum of money evidenced by a note and secured by a lien | 24347 |
| upon real property located within this state containing two or | 24348 |
| fewer residential units or on which two or fewer residential units | 24349 |
| are to be constructed and includes such an obligation on a | 24350 |
| residential condominium or cooperative unit. | 24351 |
| (J) "Mortgage broker" has the same meaning as in section | 24352 |
| 1322.01 of the Revised Code, except that it does not include a | 24353 |
| bank, savings bank, savings and loan association, credit union, or | 24354 |
| credit union service organization organized under the laws of this | 24355 |
| state, another state, or the United States; a subsidiary of such a | 24356 |
| bank, savings bank, savings and loan association, or credit union; | 24357 |
| an affiliate that (1) controls, is controlled by, or is under | 24358 |
| common control with, such a bank, savings bank, savings and loan | 24359 |
| association, or credit union and (2) is subject to examination, | 24360 |
| supervision, and regulation, including with respect to the | 24361 |
| affiliate's compliance with applicable consumer protection | 24362 |
| requirements, by the board of governors of the federal reserve | 24363 |
| system, the comptroller of the currency, the office of thrift | 24364 |
| supervision, the federal deposit insurance corporation, or the | 24365 |
| national credit union administration; or an employee of any such | 24366 |
| entity. | 24367 |
| (K) "Nonbank mortgage lender" means any person that engages | 24368 |
| in a consumer transaction in connection with a residential | 24369 |
| mortgage, except for a bank, savings bank, savings and loan | 24370 |
| association, credit union, or credit union service organization | 24371 |
| organized under the laws of this state, another state, or the | 24372 |
| United States; a subsidiary of such a bank, savings bank, savings | 24373 |
| and loan association, or credit union; or an affiliate that (1) | 24374 |
| controls, is controlled by, or is under common control with, such | 24375 |
| a bank, savings bank, savings and loan association, or credit | 24376 |
| union and (2) is subject to examination, supervision, and | 24377 |
| regulation, including with respect to the affiliate's compliance | 24378 |
| with applicable consumer protection requirements, by the board of | 24379 |
| governors of the federal reserve system, the comptroller of the | 24380 |
| currency, the office of thrift supervision, the federal deposit | 24381 |
| insurance corporation, or the national credit union | 24382 |
| administration. | 24383 |
| (L) For purposes of divisions (H), (J), and (K) of this | 24384 |
| section: | 24385 |
| (1) "Control" of another entity means ownership, control, or | 24386 |
| power to vote twenty-five per cent or more of the outstanding | 24387 |
| shares of any class of voting securities of the other entity, | 24388 |
| directly or indirectly or acting through one or more other | 24389 |
| persons. | 24390 |
| (2) "Credit union service organization" means a CUSO as | 24391 |
| defined in 12 C.F.R. 702.2. | 24392 |
| Sec. 1345.05. (A) The attorney general shall: | 24393 |
| (1) Adopt, amend, and repeal procedural rules; | 24394 |
| (2) Adopt as a rule a description of the organization of the | 24395 |
| attorney general's office, stating the general courses and methods | 24396 |
| of operation of the section of the office of the attorney general, | 24397 |
| which is to administer Chapter 1345. of the Revised Code and | 24398 |
| methods whereby the public may obtain information or make | 24399 |
| submissions or requests, including a description of all forms and | 24400 |
| instructions used by that office; | 24401 |
| (3) Make available for public inspection all rules and all | 24402 |
| other written statements of policy or interpretations adopted or | 24403 |
| used by the attorney general in the discharge of the attorney | 24404 |
| general's functions, together with all judgments, including | 24405 |
| supporting opinions, by courts of this state that determine the | 24406 |
| rights of the parties and concerning which appellate remedies have | 24407 |
| been exhausted, or lost by the expiration of the time for appeal, | 24408 |
| determining that specific acts or practices violate section | 24409 |
| 1345.02, 1345.03, or 1345.031 of the Revised Code; | 24410 |
| (4) Inform consumers and suppliers on a continuing basis of | 24411 |
| acts or practices that violate Chapter 1345. of the Revised Code | 24412 |
| by, among other things, publishing an informational document | 24413 |
| describing acts and practices in connection with residential | 24414 |
| mortgages that are unfair, deceptive, or unconscionable, and by | 24415 |
| making that information available on the attorney general's | 24416 |
| official web site; | 24417 |
| (5) Cooperate with state and local officials, officials of | 24418 |
| other states, and officials of the federal government in the | 24419 |
| administration of comparable statutes; | 24420 |
| (6) Report annually on or before the first day of January to | 24421 |
| the governor and the general assembly on the operations of the | 24422 |
| attorney general in respect to Chapter 1345. of the Revised Code, | 24423 |
| and on the acts or practices occurring in this state that violate | 24424 |
| such chapter. The report shall include a statement of | 24425 |
| investigatory and enforcement procedures and policies, of the | 24426 |
| number of investigations and enforcement proceedings instituted | 24427 |
| and of their disposition, and of other activities of the state and | 24428 |
| of other persons to promote the purposes of Chapter 1345. of the | 24429 |
| Revised Code. | 24430 |
| (7) In carrying out official duties, the attorney general | 24431 |
| shall not disclose publicly the identity of suppliers investigated | 24432 |
| or the facts developed in investigations unless these matters have | 24433 |
| become a matter of public record in enforcement proceedings, in | 24434 |
| public hearings conducted pursuant to division (B)(1) of this | 24435 |
| section, or the suppliers investigated have consented in writing | 24436 |
| to public disclosure. | 24437 |
| (B) The attorney general may: | 24438 |
| (1) Conduct research, make inquiries, hold public hearings, | 24439 |
| and publish studies relating to consumer transactions; | 24440 |
| (2) Adopt, amend, and repeal substantive rules defining with | 24441 |
| reasonable specificity acts or practices that violate sections | 24442 |
| 1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting, | 24443 |
| amending, or repealing substantive rules defining acts or | 24444 |
| practices that violate section 1345.02 of the Revised Code, due | 24445 |
| consideration and great weight shall be given to federal trade | 24446 |
| commission orders, trade regulation rules and guides, and the | 24447 |
| federal courts' interpretations of subsection 45 (a)(1) of the | 24448 |
| "Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. | 24449 |
| 41, as amended. | 24450 |
| In adopting, amending, or repealing such rules concerning a | 24451 |
| consumer transaction in connection with a residential mortgage, | 24452 |
| the attorney general shall consult with the superintendent of | 24453 |
| financial institutions and shall give due consideration to state | 24454 |
| and federal statutes, regulations, administrative agency | 24455 |
| interpretations, and case law. | 24456 |
| (C) In the conduct of public hearings authorized by this | 24457 |
| section, the attorney general may administer oaths, subpoena | 24458 |
| witnesses, adduce evidence, and require the production of relevant | 24459 |
| material. Upon failure of a person without lawful excuse to obey a | 24460 |
| subpoena or to produce relevant matter, the attorney general may | 24461 |
| apply to a court of common pleas for an order compelling | 24462 |
| compliance. | 24463 |
| (D) The attorney general may request that an individual who | 24464 |
| refuses to testify or to produce relevant material on the ground | 24465 |
| that the testimony or matter may incriminate the individual be | 24466 |
| ordered by the court to provide the testimony or matter. With the | 24467 |
| exception of a prosecution for perjury and an action for damages | 24468 |
| under section 1345.07 or 1345.09 of the Revised Code, an | 24469 |
| individual who complies with a court order to provide testimony or | 24470 |
| matter, after asserting a privilege against self incrimination to | 24471 |
| which the individual is entitled by law, shall not be subjected to | 24472 |
| a criminal proceeding on the basis of the testimony or matter | 24473 |
| discovered through that testimony or matter. | 24474 |
| (E) Any person may petition the attorney general requesting | 24475 |
| the adoption, amendment, or repeal of a rule. The attorney general | 24476 |
| shall prescribe by rule the form for such petitions and the | 24477 |
| procedure for their submission, consideration, and disposition. | 24478 |
| Within sixty days of submission of a petition, the attorney | 24479 |
| general shall either deny the petition in writing, stating the | 24480 |
| reasons for the denial, or initiate rule-making proceedings. | 24481 |
| There is no right to appeal from such denial of a petition. | 24482 |
| (F) All rules shall be adopted subject to Chapter 119. of the | 24483 |
| Revised Code. | 24484 |
| (G) The informational document published in accordance with | 24485 |
| division (A)(4) of this section shall be made available for | 24486 |
| distribution to consumers who are applying for a mortgage loan. An | 24487 |
| acknowledgement of receipt shall be retained by the lender, | 24488 |
|
mortgage broker, and loan | 24489 |
| subject to review by the attorney general and the department of | 24490 |
| commerce. | 24491 |
| Sec. 1345.09. For a violation of Chapter 1345. of the | 24492 |
| Revised Code, a consumer has a cause of action and is entitled to | 24493 |
| relief as follows: | 24494 |
| (A) Where the violation was an act prohibited by section | 24495 |
| 1345.02, 1345.03, or 1345.031 of the Revised Code, the consumer | 24496 |
| may, in an individual action, rescind the transaction or recover | 24497 |
| the consumer's actual economic damages plus an amount not | 24498 |
| exceeding five thousand dollars in noneconomic damages. | 24499 |
| (B) Where the violation was an act or practice declared to be | 24500 |
| deceptive or unconscionable by rule adopted under division (B)(2) | 24501 |
| of section 1345.05 of the Revised Code before the consumer | 24502 |
| transaction on which the action is based, or an act or practice | 24503 |
| determined by a court of this state to violate section 1345.02, | 24504 |
| 1345.03, or 1345.031 of the Revised Code and committed after the | 24505 |
| decision containing the determination has been made available for | 24506 |
| public inspection under division (A)(3) of section 1345.05 of the | 24507 |
| Revised Code, the consumer may rescind the transaction or recover, | 24508 |
| but not in a class action, three times the amount of the | 24509 |
| consumer's actual economic damages or two hundred dollars, | 24510 |
| whichever is greater, plus an amount not exceeding five thousand | 24511 |
| dollars in noneconomic damages or recover damages or other | 24512 |
| appropriate relief in a class action under Civil Rule 23, as | 24513 |
| amended. | 24514 |
| (C)(1) Except as otherwise provided in division (C)(2) of | 24515 |
| this section, in any action for rescission, revocation of the | 24516 |
| consumer transaction must occur within a reasonable time after the | 24517 |
| consumer discovers or should have discovered the ground for it and | 24518 |
| before any substantial change in condition of the subject of the | 24519 |
| consumer transaction. | 24520 |
| (2) If a consumer transaction between a loan | 24521 |
| originator, mortgage broker, or nonbank mortgage lender and a | 24522 |
| customer is in connection with a residential mortgage, revocation | 24523 |
| of the consumer transaction in an action for rescission is only | 24524 |
| available to a consumer in an individual action, and shall occur | 24525 |
| for no reason other than one or more of the reasons set forth in | 24526 |
| the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C. 1635, | 24527 |
| not later than the time limit within which the right of | 24528 |
| rescission under section 125(f) of the "Truth in Lending Act" | 24529 |
| expires. | 24530 |
| (D) Any consumer may seek a declaratory judgment, an | 24531 |
| injunction, or other appropriate relief against an act or practice | 24532 |
| that violates this chapter. | 24533 |
| (E) When a consumer commences an individual action for a | 24534 |
| declaratory judgment or an injunction or a class action under this | 24535 |
| section, the clerk of court shall immediately mail a copy of the | 24536 |
| complaint to the attorney general. Upon timely application, the | 24537 |
| attorney general may be permitted to intervene in any private | 24538 |
| action or appeal pending under this section. When a judgment under | 24539 |
| this section becomes final, the clerk of court shall mail a copy | 24540 |
| of the judgment including supporting opinions to the attorney | 24541 |
| general for inclusion in the public file maintained under division | 24542 |
| (A)(3) of section 1345.05 of the Revised Code. | 24543 |
| (F) The court may award to the prevailing party a reasonable | 24544 |
| attorney's fee limited to the work reasonably performed, if either | 24545 |
| of the following apply: | 24546 |
| (1) The consumer complaining of the act or practice that | 24547 |
| violated this chapter has brought or maintained an action that is | 24548 |
| groundless, and the consumer filed or maintained the action in bad | 24549 |
| faith; | 24550 |
| (2) The supplier has knowingly committed an act or practice | 24551 |
| that violates this chapter. | 24552 |
| (G) As used in this section, "actual economic damages" means | 24553 |
| damages for direct, incidental, or consequential pecuniary losses | 24554 |
| resulting from a violation of Chapter 1345. of the Revised Code | 24555 |
| and does not include damages for noneconomic loss as defined in | 24556 |
| section 2315.18 of the Revised Code. | 24557 |
| (H) Nothing in this section shall preclude a consumer from | 24558 |
| also proceeding with a cause of action under any other theory of | 24559 |
| law. | 24560 |
| Sec. 1347.08. (A) Every state or local agency that maintains | 24561 |
| a personal information system, upon the request and the proper | 24562 |
| identification of any person who is the subject of personal | 24563 |
| information in the system, shall: | 24564 |
| (1) Inform the person of the existence of any personal | 24565 |
| information in the system of which the person is the subject; | 24566 |
| (2) Except as provided in divisions (C) and (E)(2) of this | 24567 |
| section, permit the person, the person's legal guardian, or an | 24568 |
| attorney who presents a signed written authorization made by the | 24569 |
| person, to inspect all personal information in the system of which | 24570 |
| the person is the subject; | 24571 |
| (3) Inform the person about the types of uses made of the | 24572 |
| personal information, including the identity of any users usually | 24573 |
| granted access to the system. | 24574 |
| (B) Any person who wishes to exercise a right provided by | 24575 |
| this section may be accompanied by another individual of the | 24576 |
| person's choice. | 24577 |
| (C)(1) A state or local agency, upon request, shall disclose | 24578 |
| medical, psychiatric, or psychological information to a person who | 24579 |
| is the subject of the information or to the person's legal | 24580 |
| guardian, unless a physician, psychiatrist, or psychologist | 24581 |
| determines for the agency that the disclosure of the information | 24582 |
| is likely to have an adverse effect on the person, in which case | 24583 |
| the information shall be released to a physician, psychiatrist, or | 24584 |
| psychologist who is designated by the person or by the person's | 24585 |
| legal guardian. | 24586 |
| (2) Upon the signed written request of either a licensed | 24587 |
| attorney at law or a licensed physician designated by the inmate, | 24588 |
| together with the signed written request of an inmate of a | 24589 |
| correctional institution under the administration of the | 24590 |
| department of rehabilitation and correction, the department shall | 24591 |
| disclose medical information to the designated attorney or | 24592 |
| physician as provided in division (C) of section 5120.21 of the | 24593 |
| Revised Code. | 24594 |
| (D) If an individual who is authorized to inspect personal | 24595 |
| information that is maintained in a personal information system | 24596 |
| requests the state or local agency that maintains the system to | 24597 |
| provide a copy of any personal information that the individual is | 24598 |
| authorized to inspect, the agency shall provide a copy of the | 24599 |
| personal information to the individual. Each state and local | 24600 |
| agency may establish reasonable fees for the service of copying, | 24601 |
| upon request, personal information that is maintained by the | 24602 |
| agency. | 24603 |
| (E)(1) This section regulates access to personal information | 24604 |
| that is maintained in a personal information system by persons who | 24605 |
| are the subject of the information, but does not limit the | 24606 |
| authority of any person, including a person who is the subject of | 24607 |
| personal information maintained in a personal information system, | 24608 |
| to inspect or have copied, pursuant to section 149.43 of the | 24609 |
| Revised Code, a public record as defined in that section. | 24610 |
| (2) This section does not provide a person who is the subject | 24611 |
| of personal information maintained in a personal information | 24612 |
| system, the person's legal guardian, or an attorney authorized by | 24613 |
| the person, with a right to inspect or have copied, or require an | 24614 |
| agency that maintains a personal information system to permit the | 24615 |
| inspection of or to copy, a confidential law enforcement | 24616 |
| investigatory record or trial preparation record, as defined in | 24617 |
| divisions (A)(2) and (4) of section 149.43 of the Revised Code. | 24618 |
| (F) This section does not apply to any of the following: | 24619 |
| (1) The contents of an adoption file maintained by the | 24620 |
| department of health under section 3705.12 of the Revised Code; | 24621 |
| (2) Information contained in the putative father registry | 24622 |
| established by section 3107.062 of the Revised Code, regardless of | 24623 |
| whether the information is held by the department of job and | 24624 |
| family services or, pursuant to section 3111.69 of the Revised | 24625 |
| Code, the office of child support in the department or a child | 24626 |
| support enforcement agency; | 24627 |
| (3) Papers, records, and books that pertain to an adoption | 24628 |
| and that are subject to inspection in accordance with section | 24629 |
| 3107.17 of the Revised Code; | 24630 |
| (4) Records listed in division (A) of section 3107.42 of the | 24631 |
| Revised Code or specified in division (A) of section 3107.52 of | 24632 |
| the Revised Code; | 24633 |
| (5) Records that identify an individual described in division | 24634 |
| (A)(1) of section 3721.031 of the Revised Code, or that would tend | 24635 |
| to identify such an individual; | 24636 |
| (6) Files and records that have been expunged under division | 24637 |
| (D)(1) or (2) of section 3721.23 of the Revised Code; | 24638 |
| (7) Records that identify an individual described in division | 24639 |
| (A)(1) of section 3721.25 of the Revised Code, or that would tend | 24640 |
| to identify such an individual; | 24641 |
| (8) Records that identify an individual described in division | 24642 |
| (A)(1) of section 5111.61 of the Revised Code, or that would tend | 24643 |
| to identify such an individual; | 24644 |
| (9) Test materials, examinations, or evaluation tools used in | 24645 |
| an examination for licensure as a nursing home administrator that | 24646 |
| the board of examiners of nursing home administrators administers | 24647 |
| under section 4751.04 of the Revised Code or contracts under that | 24648 |
| section with a private or government entity to administer; | 24649 |
| (10) Information contained in a database established and | 24650 |
| maintained pursuant to section 5101.13 of the Revised Code. | 24651 |
| Sec. 1349.31. (A)(1) No creditor shall willfully and | 24652 |
| knowingly fail to comply with section 1349.26 or 1349.27 of the | 24653 |
| Revised Code. For purposes of division (A)(1) of this section, | 24654 |
| "willfully and knowingly" has the same meaning as in section 112 | 24655 |
| of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C.A. | 24656 |
| 1611, as amended. | 24657 |
| (2) Whoever violates division (A)(1) of this section is | 24658 |
| guilty of a felony of the fifth degree. | 24659 |
| (B) The superintendent of financial institutions may directly | 24660 |
| bring an action to enjoin a violation of this section. The | 24661 |
| attorney general may directly bring an action against a mortgage | 24662 |
|
broker, loan | 24663 |
| enjoin a violation of this section with the same rights, | 24664 |
| privileges, and powers as those described in section 1345.06 of | 24665 |
| the Revised Code. The prosecuting attorney of the county in which | 24666 |
| the action may be brought may bring an action against a mortgage | 24667 |
|
broker, loan
| 24668 |
| enjoin a violation of this section only if the prosecuting | 24669 |
| attorney first presents any evidence of the violation to the | 24670 |
| attorney general and, within a reasonable period of time, the | 24671 |
| attorney general has not agreed to bring the action. | 24672 |
| For purposes of this division, "loan | 24673 |
| "mortgage broker," and "nonbank mortgage lender" have the same | 24674 |
| meanings as in section 1345.01 of the Revised Code. | 24675 |
| (C)(1) The superintendent of financial institutions may | 24676 |
| initiate criminal proceedings under this section by presenting any | 24677 |
| evidence of criminal violations to the prosecuting attorney of the | 24678 |
| county in which the offense may be prosecuted. If the prosecuting | 24679 |
| attorney does not prosecute the violations, or at the request of | 24680 |
| the prosecuting attorney, the superintendent shall present any | 24681 |
| evidence of criminal violations to the attorney general, who may | 24682 |
| proceed in the prosecution with all the rights, privileges, and | 24683 |
| powers conferred by law on prosecuting attorneys, including the | 24684 |
| power to appear before grand juries and to interrogate witnesses | 24685 |
| before such grand juries. These powers of the attorney general | 24686 |
| shall be in addition to any other applicable powers of the | 24687 |
| attorney general. | 24688 |
| (2) The prosecuting attorney of the county in which an | 24689 |
| alleged offense may be prosecuted may initiate criminal | 24690 |
| proceedings under this section. | 24691 |
| (3) In order to initiate criminal proceedings under this | 24692 |
| section, the attorney general shall first present any evidence of | 24693 |
| criminal violations to the prosecuting attorney of the county in | 24694 |
| which the alleged offense may be prosecuted. If, within a | 24695 |
| reasonable period of time, the prosecuting attorney has not agreed | 24696 |
| to prosecute the violations, the attorney general may proceed in | 24697 |
| the prosecution with all the rights, privileges, and powers | 24698 |
| described in division (C)(1) of this section. | 24699 |
| Sec. 1349.43. (A) As used in this section, "loan | 24700 |
| originator," "mortgage broker," and "nonbank mortgage lender" have | 24701 |
| the same meanings as in section 1345.01 of the Revised Code. | 24702 |
| (B) The department of commerce shall establish and maintain | 24703 |
| an electronic database accessible through the internet that | 24704 |
| contains information on all of the following: | 24705 |
| (1) The enforcement actions taken by the superintendent of | 24706 |
| financial institutions for each violation of or failure to comply | 24707 |
| with any provision of sections 1322.01 to 1322.12 of the Revised | 24708 |
| Code, upon final disposition of the action; | 24709 |
| (2) The enforcement actions taken by the attorney general | 24710 |
|
under Chapter 1345. of the Revised Code against loan | 24711 |
| originators, mortgage brokers, and nonbank mortgage lenders, upon | 24712 |
| final disposition of each action; | 24713 |
| (3) All judgments by courts of this state, concerning which | 24714 |
| appellate remedies have been exhausted or lost by the expiration | 24715 |
| of the time for appeal, finding either of the following: | 24716 |
| (a) A violation of any provision of sections 1322.01 to | 24717 |
| 1322.12 of the Revised Code; | 24718 |
| (b) That specific acts or practices by a loan | 24719 |
| originator, mortgage broker, or nonbank mortgage lender violate | 24720 |
| section 1345.02, 1345.03, or 1345.031 of the Revised Code. | 24721 |
| (C) The attorney general shall submit to the department, on | 24722 |
| the first day of each January, April, July, and October, a list of | 24723 |
| all enforcement actions and judgments described in divisions | 24724 |
| (B)(2) and (3)(b) of this section. | 24725 |
| (D) The department may adopt rules in accordance with Chapter | 24726 |
| 119. of the Revised Code that are necessary to implement this | 24727 |
| section. | 24728 |
| (E) The electronic database maintained by the department in | 24729 |
| accordance with this section shall not include information that, | 24730 |
| pursuant to section 1322.061 of the Revised Code, is | 24731 |
| confidential. | 24732 |
| Sec. 1501.01. (A) Except where otherwise expressly provided, | 24733 |
| the director of natural resources shall formulate and institute | 24734 |
| all the policies and programs of the department of natural | 24735 |
| resources. The chief of any division of the department shall not | 24736 |
| enter into any contract, agreement, or understanding unless it is | 24737 |
| approved by the director. No appointee or employee of the | 24738 |
| director, other than the assistant director, may bind the director | 24739 |
| in a contract except when given general or special authority to do | 24740 |
| so by the director. | 24741 |
| (B) The director shall correlate and coordinate the work and | 24742 |
| activities of the divisions in the department to eliminate | 24743 |
| unnecessary duplications of effort and overlapping of functions. | 24744 |
| The chiefs of the various divisions of the department shall meet | 24745 |
| with the director at least once each month at a time and place | 24746 |
| designated by the director. | 24747 |
| The director may create advisory boards to any of those | 24748 |
| divisions in conformity with section 121.13 of the Revised Code. | 24749 |
| (C) The director may accept and expend gifts, devises, and | 24750 |
| bequests of money, lands, and other properties on behalf of the | 24751 |
| department or any division thereof under the terms set forth in | 24752 |
| section 9.20 of the Revised Code. Any political subdivision of | 24753 |
| this state may make contributions to the department for the use of | 24754 |
| the department or any division therein according to the terms of | 24755 |
| the contribution. | 24756 |
| (D) The director may publish and sell or otherwise distribute | 24757 |
| data, reports, and information. | 24758 |
| (E) The director may identify and develop the geographic | 24759 |
| information system needs for the department, which may include, | 24760 |
| but not be limited to, all of the following: | 24761 |
| (1) Assisting in the training and education of department | 24762 |
| resource managers, administrators, and other staff in the | 24763 |
| application and use of geographic information system technology; | 24764 |
| (2) Providing technical support to the department in the | 24765 |
| design, preparation of data, and use of appropriate geographic | 24766 |
| information system applications in order to help solve resource | 24767 |
| related problems and to improve the effectiveness and efficiency | 24768 |
| of department delivered services; | 24769 |
| (3) Creating, maintaining, and documenting spatial digital | 24770 |
| data bases; | 24771 |
| (4) Providing information to and otherwise assisting | 24772 |
| government officials, planners, and resource managers in | 24773 |
| understanding land use planning and resource management; | 24774 |
| (5) Providing continuing assistance to local government | 24775 |
| officials and others in natural resource digital data base | 24776 |
| development and in applying and utilizing the geographic | 24777 |
| information system for land use planning, current agricultural use | 24778 |
| value assessment, development reviews, coastal management, and | 24779 |
| other resource management activities; | 24780 |
| (6) Coordinating and administering the remote sensing needs | 24781 |
| of the department, including the collection and analysis of | 24782 |
| aerial photography, satellite data, and other data pertaining to | 24783 |
| land, water, and other resources of the state; | 24784 |
| (7) Preparing and publishing maps and digital data relating | 24785 |
| to the state's land use and land cover over time on a local, | 24786 |
| regional, and statewide basis; | 24787 |
| (8) Locating and distributing hard copy maps, digital data, | 24788 |
| aerial photography, and other resource data and information to | 24789 |
| government agencies and the public; | 24790 |
| (9) Preparing special studies and executing any other related | 24791 |
| duties, functions, and responsibilities identified by the | 24792 |
| director; | 24793 |
| (10) Entering into contracts or agreements with any agency | 24794 |
| of the United States government, any other public agency, or any | 24795 |
| private agency or organization for the performance of the duties | 24796 |
| specified in division (E) of this section or for accomplishing | 24797 |
| cooperative projects within those duties; | 24798 |
| (11) Entering into agreements with local government agencies | 24799 |
| for the purposes of land use inventories, Ohio capability | 24800 |
| analysis data layers, and other duties related to resource | 24801 |
| management. | 24802 |
| (F) The director shall adopt rules in accordance with Chapter | 24803 |
| 119. of the Revised Code to permit the department to accept by | 24804 |
| means of a credit card the payment of fees, charges, and rentals | 24805 |
| at those facilities described in section 1501.07 of the Revised | 24806 |
| Code that are operated by the department, for any data, reports, | 24807 |
| or information sold by the department, and for any other goods or | 24808 |
| services provided by the department. | 24809 |
| (G) Whenever authorized by the governor to do so, the | 24810 |
| director may appropriate property for the uses and purposes | 24811 |
| authorized to be performed by the department and on behalf of any | 24812 |
| division within the department. This authority shall be exercised | 24813 |
| in the manner provided in sections 163.01 to 163.22 of the Revised | 24814 |
| Code for the appropriation of property by the director of | 24815 |
| administrative services. This authority to appropriate property is | 24816 |
| in addition to the authority provided by law for the appropriation | 24817 |
| of property by divisions of the department. The director of | 24818 |
| natural resources also may acquire by purchase, lease, or | 24819 |
| otherwise such real and personal property rights or privileges in | 24820 |
| the name of the state as are necessary for the purposes of the | 24821 |
| department or any division therein. The director, with the | 24822 |
| approval of the governor and the attorney general, may sell, | 24823 |
| lease, or exchange portions of lands or property, real or | 24824 |
| personal, of any division of the department or grant easements or | 24825 |
| licenses for the use thereof, or enter into agreements for the | 24826 |
| sale of water from lands and waters under the administration or | 24827 |
| care of the department or any of its divisions, when the sale, | 24828 |
| lease, exchange, easement, agreement, or license for use is | 24829 |
| advantageous to the state, provided that such approval is not | 24830 |
| required for leases and contracts made under section 1501.07, | 24831 |
| 1501.09, or 1520.03 or Chapter 1523. of the Revised Code. Water | 24832 |
| may be sold from a reservoir only to the extent that the reservoir | 24833 |
| was designed to yield a supply of water for a purpose other than | 24834 |
| recreation or wildlife, and the water sold is in excess of that | 24835 |
| needed to maintain the reservoir for purposes of recreation or | 24836 |
| wildlife. | 24837 |
| Money received from such sales, leases, easements, exchanges, | 24838 |
| agreements, or licenses for use, except revenues required to be | 24839 |
| set aside or paid into depositories or trust funds for the payment | 24840 |
| of bonds issued under sections 1501.12 to 1501.15 of the Revised | 24841 |
| Code, and to maintain the required reserves therefor as provided | 24842 |
| in the orders authorizing the issuance of such bonds or the trust | 24843 |
| agreements securing such bonds, revenues required to be paid and | 24844 |
| credited pursuant to the bond proceeding applicable to obligations | 24845 |
| issued pursuant to section 154.22, and revenues generated under | 24846 |
| section 1520.05 of the Revised Code, shall be deposited in the | 24847 |
| state treasury to the credit of the fund of the division of the | 24848 |
| department having prior jurisdiction over the lands or property. | 24849 |
| If no such fund exists, the money shall be credited to the general | 24850 |
| revenue fund. All such money received from lands or properties | 24851 |
| administered by the division of wildlife shall be credited to the | 24852 |
| wildlife fund. | 24853 |
| (H) The director shall provide for the custody, safekeeping, | 24854 |
| and deposit of all moneys, checks, and drafts received by the | 24855 |
| department or its employees prior to paying them to the treasurer | 24856 |
| of state under section 113.08 of the Revised Code. | 24857 |
| (I) The director shall cooperate with the nature conservancy, | 24858 |
| other nonprofit organizations, and the United States fish and | 24859 |
| wildlife service in order to secure protection of islands in the | 24860 |
| Ohio river and the wildlife and wildlife habitat of those islands. | 24861 |
| (J) Any instrument by which real property is acquired | 24862 |
| pursuant to this section shall identify the agency of the state | 24863 |
| that has the use and benefit of the real property as specified in | 24864 |
| section 5301.012 of the Revised Code. | 24865 |
| Sec. 1501.05. All chiefs of divisions in the department of | 24866 |
| natural resources shall be appointed by the director of natural | 24867 |
| resources. The chiefs of those divisions may be removed by the | 24868 |
| director. | 24869 |
| The chief engineer of the department of natural resources | 24870 |
|
shall be a
| 24871 |
| Chapter 4733. of the Revised Code or a professional architect | 24872 |
| certified and registered under Chapter 4703. of the Revised Code. | 24873 |
| The chief of each division and the chief engineer, with the | 24874 |
| advice and consent of the director, may employ such number of | 24875 |
| technical and administrative assistants as are necessary. | 24876 |
| All employees of the department, unless specifically exempted | 24877 |
| by law, shall be employed subject to the classified civil service | 24878 |
| laws in force at the time of their employment. | 24879 |
| Sec. 1501.07. The department of natural resources through | 24880 |
| the division of parks and recreation may plan, supervise, acquire, | 24881 |
| construct, enlarge, improve, erect, equip, and furnish public | 24882 |
| service facilities such as inns, lodges, hotels, cottages, camping | 24883 |
| sites, scenic trails, picnic sites, restaurants, commissaries, | 24884 |
| golf courses, boating and bathing facilities, and other similar | 24885 |
| facilities in state parks reasonably necessary and useful in | 24886 |
| promoting the public use of state parks under its control and may | 24887 |
| purchase lands or interests in lands in the name of the state | 24888 |
| necessary for those purposes. | 24889 |
| The chief of the division of parks and recreation shall | 24890 |
| administer state parks, establish rules, fix fees and charges for | 24891 |
| admission to parks and for the use of public service facilities | 24892 |
| therein, establish rentals for the lease of lands or interests | 24893 |
| therein within a state park the chief is authorized by law to | 24894 |
| lease, and exercise all powers of the chief, in conformity with | 24895 |
| all covenants of the director of natural resources in or with | 24896 |
| respect to state park revenue bonds and trust agreements securing | 24897 |
| such bonds and all terms, provisions, and conditions of such bonds | 24898 |
| and trust agreements. In the administration of state parks with | 24899 |
| respect to which state park revenue bonds are issued and | 24900 |
| outstanding, or any part of the moneys received from fees and | 24901 |
| charges for admission to or the use of facilities, from rentals | 24902 |
| for the lease of lands or interests or facilities therein, or for | 24903 |
| the lease of public service facilities are pledged for any such | 24904 |
| bonds, the chief shall exercise the powers and perform the duties | 24905 |
| of the chief subject to the control and approval of the director. | 24906 |
| The acquisition of such lands or interests therein and facilities | 24907 |
| shall be planned with regard to the needs of the people of the | 24908 |
| state and with regard to the purposes and uses of such state parks | 24909 |
| and, except for facilities constructed in consideration of a lease | 24910 |
| under section 1501.012 of the Revised Code, shall be paid for from | 24911 |
| the state park fund created in section 1541.22 of the Revised Code | 24912 |
| or from the proceeds of the sale of bonds issued under sections | 24913 |
| 1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04 | 24914 |
| of the Revised Code, insofar as they require a certification by | 24915 |
| the chief of the division of capital planning and improvement, do | 24916 |
| not apply to the acquisition of lands or interests therein and | 24917 |
| public service facilities to be paid for from the proceeds of | 24918 |
| bonds issued under sections 1501.12 to 1501.15 of the Revised | 24919 |
| Code. | 24920 |
| As used in sections 1501.07 to 1501.14 of the Revised Code, | 24921 |
| state parks are all of the following: | 24922 |
| (A) State reservoirs described and identified in section | 24923 |
| 1541.06 of the Revised Code; | 24924 |
| (B) All lands or interests therein that are denominated as | 24925 |
| state parks in section 1541.083 of the Revised Code; | 24926 |
| (C) All lands or interests therein of the state identified as | 24927 |
| administered by the division of parks and recreation in the | 24928 |
| "inventory of state owned lands administered by department of | 24929 |
| natural resources as of June 1, 1963," as recorded in the journal | 24930 |
| of the director, which inventory was prepared by the real estate | 24931 |
|
section of the department and is supported by maps on file | 24932 |
|
the division
| 24933 |
| (D) All lands or interests in lands of the state hereafter | 24934 |
| designated as state parks in the journal of the director with the | 24935 |
| approval of the recreation and resources council. | 24936 |
| All such state parks shall be exclusively under the control | 24937 |
| and administration of the division of parks and recreation. With | 24938 |
| the approval of the council, the director by order may remove from | 24939 |
| the classification as state parks any of the lands or interests | 24940 |
| therein so classified by divisions (C) and (D) of this section, | 24941 |
| subject to the limitations, provisions, and conditions in any | 24942 |
| order authorizing state park revenue bonds or in any trust | 24943 |
| agreement securing such bonds. Lands or interests therein so | 24944 |
| removed shall be transferred to other divisions of the department | 24945 |
| for administration or may be sold as provided by law. Proceeds of | 24946 |
| any sale shall be used or transferred as provided in the order | 24947 |
| authorizing state park revenue bonds or in the trust agreement | 24948 |
| and, if no such provision is made, shall be transferred to the | 24949 |
| state park fund. State parks do not include any lands or interest | 24950 |
| in lands of the state administered jointly by two or more | 24951 |
| divisions of the department. The designation of lands as state | 24952 |
| parks under divisions (A) to (D) of this section shall be | 24953 |
| conclusive, and those lands shall be under the control of and | 24954 |
| administered by the division of parks and recreation. No order or | 24955 |
| proceeding designating lands as state parks or park purchase areas | 24956 |
| shall be subject to any appeal or review by any officer, board, | 24957 |
| commission, or court. | 24958 |
| Sec. 1501.30. (A) As used in sections 1501.30 to 1501.35 of | 24959 |
| the Revised Code: | 24960 |
| (1) "Consumptive use" means a use of water resources, other | 24961 |
| than a diversion, that results in a loss of that water to the | 24962 |
| basin from which it is withdrawn and includes, but is not limited | 24963 |
| to, evaporation, evapotranspiration, and incorporation of water | 24964 |
| into a product or agricultural crop. | 24965 |
| (2) "Diversion" means a withdrawal of water resources from | 24966 |
| either the Lake Erie or Ohio river drainage basin and transfer to | 24967 |
| another basin without return. "Diversion" does not include | 24968 |
| evaporative loss within the basin of withdrawal. | 24969 |
| (3) "Other great lakes states and provinces" means states | 24970 |
| other than this state that are parties to the great lakes basin | 24971 |
| compact under Chapter 6161. of the Revised Code and the Canadian | 24972 |
| provinces of Ontario and Quebec. | 24973 |
| (4) "Person" has the same meaning as in section 1.59 of the | 24974 |
| Revised Code and also includes any state, any political | 24975 |
| subdivision of a state, and any department, division, board, | 24976 |
| commission, agency, or instrumentality of a state or political | 24977 |
| subdivision of a state. | 24978 |
| (5) "Water resources" means any waters of the state that are | 24979 |
| available or may be made available to agricultural, industrial, | 24980 |
| commercial, and domestic users. | 24981 |
| (6) "Waters of the state" includes all streams, lakes, ponds, | 24982 |
| marshes, watercourses, waterways, wells, springs, irrigation | 24983 |
| systems, drainage systems, and other bodies or accumulations of | 24984 |
| water, surface and underground, natural or artificial, regardless | 24985 |
| of the depth of the strata in which underground water is located, | 24986 |
| that are situated wholly or partly within or border upon this | 24987 |
| state or are within its jurisdiction. | 24988 |
| (B) The chief of the division of soil and water resources of | 24989 |
| the department of natural resources shall define "Lake Erie | 24990 |
| drainage basin" and "Ohio river drainage basin" for the purposes | 24991 |
| of sections 1501.30 to 1501.35 of the Revised Code. | 24992 |
| Sec. 1502.12. (A) There is hereby created in the state | 24993 |
| treasury the scrap tire grant fund, consisting of moneys | 24994 |
| transferred to the fund under section 3734.82 of the Revised Code. | 24995 |
| The chief of the division of recycling and litter prevention, with | 24996 |
| the approval of the director of natural resources, may make grants | 24997 |
|
from the fund for the | 24998 |
| (1) Supporting market development activities for scrap tires | 24999 |
| and synthetic rubber from tire manufacturing processes and tire | 25000 |
| recycling processes; | 25001 |
| (2) Supporting scrap tire amnesty and cleanup events | 25002 |
|
sponsored by solid waste management districts. | 25003 |
| Grants awarded under division (A)(1) of this section may be | 25004 |
| awarded to individuals, businesses, and entities certified under | 25005 |
| division (A) of section 1502.04 of the Revised Code. | 25006 |
| (B) Projects and activities that are eligible for grants | 25007 |
| under division (A)(1) of this section shall be evaluated for | 25008 |
| funding using, at a minimum, the following criteria: | 25009 |
| (1) The degree to which a proposed project contributes to the | 25010 |
| increased use of scrap tires generated in this state; | 25011 |
| (2) The degree of local financial support for a proposed | 25012 |
| project; | 25013 |
| (3) The technical merit and quality of a proposed project. | 25014 |
| Sec. 1506.01. As used in this chapter: | 25015 |
| (A) "Coastal area" means the waters of Lake Erie, the islands | 25016 |
| in the lake, and the lands under and adjacent to the lake, | 25017 |
| including transitional areas, wetlands, and beaches. The coastal | 25018 |
| area extends in Lake Erie to the international boundary line | 25019 |
| between the United States and Canada and landward only to the | 25020 |
| extent necessary to include shorelands, the uses of which have a | 25021 |
| direct and significant impact on coastal waters as determined by | 25022 |
| the director of natural resources. | 25023 |
| (B) "Coastal management program" means the comprehensive | 25024 |
| action of the state and its political subdivisions cooperatively | 25025 |
| to preserve, protect, develop, restore, or enhance the resources | 25026 |
| of the coastal area and to ensure wise use of the land and water | 25027 |
| resources of the coastal area, giving attention to natural, | 25028 |
| cultural, historic, and aesthetic values; agricultural, | 25029 |
| recreational, energy, and economic needs; and the national | 25030 |
| interest. "Coastal management program" includes the establishment | 25031 |
| of objectives, policies, standards, and criteria concerning, | 25032 |
| without limitation, protection of air, water, wildlife, rare and | 25033 |
| endangered species, wetlands and natural areas, and other natural | 25034 |
| resources in the coastal area; management of coastal development | 25035 |
| and redevelopment; preservation and restoration of historic, | 25036 |
| cultural, and aesthetic coastal features; and public access to the | 25037 |
| coastal area for recreation purposes. | 25038 |
| (C) "Coastal management program document" means a | 25039 |
| comprehensive statement consisting of, without limitation, text, | 25040 |
| maps, and illustrations that is adopted by the director in | 25041 |
| accordance with this chapter, describes the objectives, policies, | 25042 |
| standards, and criteria of the coastal management program for | 25043 |
| guiding public and private uses of lands and waters in the coastal | 25044 |
| area, lists the governmental agencies, including, without | 25045 |
| limitation, state agencies, involved in implementing the coastal | 25046 |
| management program, describes their applicable policies and | 25047 |
| programs, and cites the statutes and rules under which they may | 25048 |
| adopt and implement those policies and programs. | 25049 |
| (D) "Person" means any agency of this state, any political | 25050 |
| subdivision of this state or of the United States, and any legal | 25051 |
| entity defined as a person under section 1.59 of the Revised Code. | 25052 |
| (E) "Director" means the director of natural resources or the | 25053 |
| director's designee. | 25054 |
| (F) "Permanent structure" means any residential, commercial, | 25055 |
| industrial, institutional, or agricultural building, any mobile | 25056 |
| home as defined in division (O) of section 4501.01 of the Revised | 25057 |
| Code, any manufactured home as defined in division (C)(4) of | 25058 |
| section 3781.06 of the Revised Code, and any septic system that | 25059 |
| receives sewage from a single-family, two-family, or three-family | 25060 |
| dwelling, but does not include any recreational vehicle as defined | 25061 |
| in section 4501.01 of the Revised Code. | 25062 |
| (G) "State agency" or "agency of the state" has the same | 25063 |
| meaning as "agency" as defined in section 111.15 of the Revised | 25064 |
| Code. | 25065 |
| (H) "Coastal flood hazard area" means any territory within | 25066 |
| the coastal area that has been identified as a flood hazard area | 25067 |
| under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, | 25068 |
| 42 U.S.C.A. 4002, as amended. | 25069 |
| (I) "Coastal erosion area" means any territory included in | 25070 |
| Lake Erie coastal erosion areas identified by the director under | 25071 |
| section 1506.06 of the Revised Code. | 25072 |
| (J) "Conservancy district" means a conservancy district that | 25073 |
| is established under Chapter 6101. of the Revised Code. | 25074 |
| (K) "Park board" means the board of park commissioners of a | 25075 |
| park district that is created under Chapter 1545. of the Revised | 25076 |
| Code. | 25077 |
| (L) "Erosion control structure" means a structure that is | 25078 |
| designed solely and specifically to reduce or control erosion of | 25079 |
| the shore along or near Lake Erie, including, without limitation, | 25080 |
| revetments, seawalls, bulkheads, certain breakwaters, and similar | 25081 |
| structures. | 25082 |
| (M) "Shore structure" includes, but is not limited to, | 25083 |
| beaches; groins; revetments; bulkheads; seawalls; breakwaters; | 25084 |
| certain dikes designated by the chief of the division of soil and | 25085 |
| water resources; piers; docks; jetties; wharves; marinas; boat | 25086 |
| ramps; any associated fill or debris used as part of the | 25087 |
| construction of shore structures that may affect shore erosion, | 25088 |
| wave action, or inundation; and fill or debris that is placed | 25089 |
| along or near the shore, including bluffs, banks, or beach | 25090 |
| ridges, for the purpose of stabilizing slopes. | 25091 |
| Sec. 1507.01. There is hereby created in the department of | 25092 |
| natural resources the division of engineering to be administered | 25093 |
| by the chief engineer of the department, who shall be a | 25094 |
| professional engineer registered under Chapter 4733. of the | 25095 |
| Revised Code or a professional architect certified and registered | 25096 |
|
under Chapter 4703. of the
Revised Code. | 25097 |
| the director of natural resources, the chief engineer shall do all | 25098 |
| of the following: | 25099 |
| (A) Administer this chapter; | 25100 |
| (B) Provide engineering, architectural, land surveying, and | 25101 |
| related administrative and maintenance support services to the | 25102 |
| other divisions in the department; | 25103 |
| (C) | 25104 |
| 25105 | |
| and facility maintenance projects, including all associated | 25106 |
| 25107 | |
| surveying, inspection, and management responsibilities and | 25108 |
| requirements; | 25109 |
| (D) | 25110 |
| officer in departmental engineering, architectural, surveying, and | 25111 |
| construction matters regarding capital improvements except for | 25112 |
| those matters otherwise specifically provided for in law; | 25113 |
| (E)
| 25114 |
| 25115 |
| | 25116 |
| with the department of transportation pursuant to section 5511.05 | 25117 |
| of the Revised Code and maintain the roadway inventory of the | 25118 |
| department of natural resources; | 25119 |
| | 25120 |
| policies, procedures, and activities with the United States army | 25121 |
| corps of engineers; | 25122 |
| | 25123 |
| Employ professional and technical assistants and such other | 25124 |
| employees as are necessary for the performance of the activities | 25125 |
| required or authorized under this chapter, other work of the | 25126 |
| division, and any other work agreed to under working agreements or | 25127 |
| contractual arrangements; prescribe their duties; and fix their | 25128 |
| compensation in accordance with such schedules as are provided by | 25129 |
|
law for the
compensation of state employees | 25130 |
| (H) Except as otherwise provided in the Revised Code, | 25131 |
| coordinate and conduct all real estate functions for the | 25132 |
| department of natural resources, including at least acquisitions | 25133 |
| by purchase, lease, gift, devise, bequest, appropriation, or | 25134 |
| otherwise; grants through sales, leases, exchanges, easements, and | 25135 |
| licenses; inventories of land; and other related general | 25136 |
| management duties; | 25137 |
| (I) Coordinate such environmental matters concerning the | 25138 |
| department and the state as are necessary to comply with the | 25139 |
| "National Environmental Policy Act of 1969," 83 Stat. 852, 42 | 25140 |
| U.S.C. 4321, as amended, the "Intergovernmental Cooperation Act of | 25141 |
| 1968," 82 Stat. 1098, 31 U.S.C. 6506, and the "Federal Water | 25142 |
| Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as | 25143 |
| amended, and regulations adopted under those acts; | 25144 |
| (J) Coordinate and administer compensatory mitigation grant | 25145 |
| programs and other programs for streams and wetlands as approved | 25146 |
| in accordance with certifications and permits issued under | 25147 |
| sections 401 and 404 of the "Federal Water Pollution Control | 25148 |
| Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as amended, by the | 25149 |
| environmental protection agency and the United States army corps | 25150 |
| of engineers; | 25151 |
| (K) Coordinate all department activities associated with the | 25152 |
| completion of drainage ditch improvements in accordance with | 25153 |
| Chapters 6131. and 6133. of the Revised Code; | 25154 |
| (L) Assist the department and its divisions by providing | 25155 |
| department-wide planning, including at least master planning, | 25156 |
| comprehensive planning, capital improvements planning, and special | 25157 |
| purpose planning. | 25158 |
| Sec. 1511.01. For the purposes of this chapter: | 25159 |
| (A) "Conservation" means the wise use and management of | 25160 |
| natural resources. | 25161 |
| (B) "Critical natural resource area" means an area identified | 25162 |
| by the director of natural resources in which occurs a natural | 25163 |
| resource that requires special management because of its | 25164 |
| importance to the well-being of the surrounding communities, the | 25165 |
| region, or the state. | 25166 |
| (C) "Pollution abatement practice" means any erosion control | 25167 |
| or animal waste pollution abatement facility, structure, or | 25168 |
| procedure and the operation and management associated with it as | 25169 |
| contained in operation and management plans developed or approved | 25170 |
|
by the chief of the division of soil and water
| 25171 |
| resources or by soil and water conservation districts established | 25172 |
| under Chapter 1515. of the Revised Code. | 25173 |
| (D) "Agricultural pollution" means failure to use management | 25174 |
| or conservation practices in farming or silvicultural operations | 25175 |
| to abate wind or water erosion of the soil or to abate the | 25176 |
| degradation of the waters of the state by animal waste or soil | 25177 |
| sediment, including substances attached thereto. | 25178 |
| (E) "Waters of the state" means all streams, lakes, ponds, | 25179 |
| wetlands, watercourses, waterways, wells, springs, irrigation | 25180 |
| systems, drainage systems, and all other bodies or accumulations | 25181 |
| of water, surface and underground, natural or artificial, | 25182 |
| regardless of the depth of the strata in which underground water | 25183 |
| is located, that are situated wholly or partly within, or border | 25184 |
| upon, this state or are within its jurisdiction, except those | 25185 |
| private waters that do not combine or effect a junction with | 25186 |
| natural surface or underground waters. | 25187 |
| (F) "Operation and management plan" means a written record, | 25188 |
| developed or approved by the district board of supervisors or the | 25189 |
| chief, for the owner or operator of agricultural land or a | 25190 |
|
concentrated animal feeding | 25191 |
| implementation schedules and operational procedures for a level of | 25192 |
| management and pollution abatement practices that will abate the | 25193 |
| degradation of the waters of the state by animal waste and by soil | 25194 |
| sediment including attached pollutants. | 25195 |
| (G) "Animal waste" means animal excreta, discarded products, | 25196 |
| bedding, wash waters, waste feed, and silage drainage. "Animal | 25197 |
| waste" also includes the compost products resulting from the | 25198 |
| composting of dead animals in operations subject to section | 25199 |
| 1511.022 of the Revised Code when either of the following applies: | 25200 |
| (1) The composting is conducted by the person who raises the | 25201 |
| animals and the compost product is used in agricultural operations | 25202 |
| owned or operated by that person, regardless of whether the person | 25203 |
| owns the animals; | 25204 |
| (2) The composting is conducted by the person who owns the | 25205 |
| animals, but does not raise them and the compost product is used | 25206 |
| in agricultural operations either by a person who raises the | 25207 |
| animals or by a person who raises grain that is used to feed them | 25208 |
| and that is supplied by the owner of the animals. | 25209 |
| (H) "Composting" means the controlled decomposition of | 25210 |
| organic solid material consisting of dead animals that stabilizes | 25211 |
| the organic fraction of the material. | 25212 |
| Sec. 1511.02. The chief of the division of soil and water | 25213 |
| 25214 | |
| natural resources, shall do all of the following: | 25215 |
| (A) Provide administrative leadership to local soil and water | 25216 |
| conservation districts in planning, budgeting, staffing, and | 25217 |
| administering district programs and the training of district | 25218 |
| supervisors and personnel in their duties, responsibilities, and | 25219 |
| authorities as prescribed in this chapter and Chapter 1515. of the | 25220 |
| Revised Code; | 25221 |
| (B) Administer this chapter and Chapter 1515. of the Revised | 25222 |
| Code pertaining to state responsibilities and provide staff | 25223 |
| assistance to the Ohio soil and water conservation commission in | 25224 |
| exercising its statutory responsibilities; | 25225 |
| (C) Assist in expediting state responsibilities for watershed | 25226 |
| development and other natural resource conservation works of | 25227 |
| improvement; | 25228 |
| (D) Coordinate the development and implementation of | 25229 |
| cooperative programs and working agreements between local soil and | 25230 |
| water conservation districts and divisions or sections of the | 25231 |
| department of natural resources, or other agencies of local, | 25232 |
| state, and federal government; | 25233 |
| (E) Subject to the approval of the Ohio soil and water | 25234 |
| conservation commission, adopt, amend, or rescind rules pursuant | 25235 |
| to Chapter 119. of the Revised Code. Rules adopted pursuant to | 25236 |
| this section: | 25237 |
| (1) Shall establish technically feasible and economically | 25238 |
| reasonable standards to achieve a level of management and | 25239 |
| conservation practices in farming or silvicultural operations that | 25240 |
| will abate wind or water erosion of the soil or abate the | 25241 |
| degradation of the waters of the state by animal waste or by soil | 25242 |
| sediment including substances attached thereto, and establish | 25243 |
| criteria for determination of the acceptability of such management | 25244 |
| and conservation practices; | 25245 |
| (2) Shall establish technically feasible and economically | 25246 |
| reasonable standards to achieve a level of management and | 25247 |
| conservation practices that will abate wind or water erosion of | 25248 |
| the soil or abate the degradation of the waters of the state by | 25249 |
| soil sediment in conjunction with land grading, excavating, | 25250 |
| filling, or other soil-disturbing activities on land used or being | 25251 |
| developed for nonfarm commercial, industrial, residential, or | 25252 |
| other nonfarm purposes, and establish criteria for determination | 25253 |
| of the acceptability of such management and conservation | 25254 |
| practices. The standards shall be designed to implement applicable | 25255 |
| areawide waste treatment management plans prepared under section | 25256 |
| 208 of the "Federal Water Pollution Control Act," 86 Stat. 816 | 25257 |
| (1972), 33 U.S.C.A. 1288, as amended. The standards and criteria | 25258 |
| shall not apply in any municipal corporation or county that adopts | 25259 |
| ordinances or rules pertaining to sediment control, nor to lands | 25260 |
| being used in a strip mine operation as defined in section 1513.01 | 25261 |
| of the Revised Code, nor to lands being used in a surface mining | 25262 |
| operation as defined in section 1514.01 of the Revised Code. | 25263 |
| (3) May recommend criteria and procedures for the approval of | 25264 |
| urban sediment pollution abatement plans and issuance of permits | 25265 |
| prior to any grading, excavating, filling, or other whole or | 25266 |
| partial disturbance of five or more contiguous acres of land owned | 25267 |
| by one person or operated as one development unit and require | 25268 |
| implementation of such a plan. Areas of less than five contiguous | 25269 |
| acres are not exempt from compliance with other provisions of this | 25270 |
| chapter and rules adopted under them. | 25271 |
| (4) Shall establish procedures for administration of rules | 25272 |
| for agricultural pollution abatement and urban sediment pollution | 25273 |
| abatement and for enforcement of rules for agricultural pollution | 25274 |
| abatement; | 25275 |
| (5) Shall specify the pollution abatement practices eligible | 25276 |
| for state cost sharing and determine the conditions for | 25277 |
| eligibility, the construction standards and specifications, the | 25278 |
| useful life, the maintenance requirements, and the limits of cost | 25279 |
| sharing for those practices. Eligible practices shall be limited | 25280 |
| to practices that address agricultural or silvicultural operations | 25281 |
| and that require expenditures that are likely to exceed the | 25282 |
| economic returns to the owner or operator and that abate soil | 25283 |
| erosion or degradation of the waters of the state by animal waste | 25284 |
| or soil sediment including pollutants attached thereto. | 25285 |
| (6) | 25286 |
| 25287 | |
| 25288 | |
| 25289 | |
| 25290 | |
| 25291 | |
| 25292 | |
| 25293 |
| | 25294 |
| 25295 | |
| 25296 |
| | 25297 |
| owners or operators of agricultural land or concentrated animal | 25298 |
| feeding operations for the implementation of operation and | 25299 |
| management plans; | 25300 |
| | 25301 |
| soil and water conservation districts for urban sediment pollution | 25302 |
| abatement programs, specify the types of projects eligible for | 25303 |
| grants, establish limits on the availability of grants, and | 25304 |
| establish requirements governing the execution of projects to | 25305 |
| encourage the reduction of erosion and sedimentation associated | 25306 |
| with soil-disturbing activities; | 25307 |
| | 25308 |
| composting conducted in conjunction with agricultural operations: | 25309 |
| (a) Provide for the distribution of educational material | 25310 |
| concerning composting to the offices of the Ohio cooperative | 25311 |
| extension service for the purposes of section 1511.022 of the | 25312 |
| Revised Code; | 25313 |
| (b) Establish methods, techniques, or practices for | 25314 |
| composting dead animals, or particular types of dead animals, that | 25315 |
| are to be used at such operations, as the chief considers to be | 25316 |
| necessary or appropriate; | 25317 |
| (c) Establish requirements and procedures governing the | 25318 |
| review and approval or disapproval of composting plans by the | 25319 |
| supervisors of soil and water conservation districts under | 25320 |
|
division | 25321 |
| | 25322 |
| chief does all of the following: | 25323 |
| (a) Mails notice to each statewide organization that the | 25324 |
| chief determines represents persons or local governmental agencies | 25325 |
| who would be affected by the proposed rule, amendment thereto, or | 25326 |
| rescission thereof at least thirty-five days before any public | 25327 |
| hearing thereon; | 25328 |
| (b) Mails a copy of each proposed rule, amendment thereto, or | 25329 |
| rescission thereof to any person who requests a copy, within five | 25330 |
| days after receipt of the request; | 25331 |
| (c) Consults with appropriate state and local governmental | 25332 |
| agencies or their representatives, including statewide | 25333 |
| organizations of local governmental officials, industrial | 25334 |
| representatives, and other interested persons; | 25335 |
| (d) If the rule relates to agricultural pollution abatement, | 25336 |
| develops an economic impact statement concerning the effect of the | 25337 |
| proposed rule or amendment. | 25338 |
| | 25339 |
| standards adopted pursuant to section 3704.03 or 6111.041 of the | 25340 |
| Revised Code. Compliance with rules adopted pursuant to this | 25341 |
| section does not affect liability for noncompliance with air or | 25342 |
| water quality standards adopted pursuant to section 3704.03 or | 25343 |
| 6111.041 of the Revised Code. The application of a level of | 25344 |
| management and conservation practices recommended under this | 25345 |
| section to control windblown soil from farming operations creates | 25346 |
| a presumption of compliance with section 3704.03 of the Revised | 25347 |
| Code as that section applies to windblown soil. | 25348 |
| | 25349 |
| pollution, shall not be applicable in a municipal corporation or | 25350 |
| county that adopts ordinances or rules for urban sediment control, | 25351 |
| except that a municipal corporation or county that adopts such | 25352 |
| ordinances or rules may receive moneys for urban sediment control | 25353 |
| that are disbursed by the board of supervisors of the applicable | 25354 |
|
soil and water conservation district under
division | 25355 |
| section 1515.08 of the Revised Code. The rules shall not exempt | 25356 |
| any person from compliance with municipal ordinances enacted | 25357 |
| pursuant to Section 3 of Article XVIII, Ohio Constitution. | 25358 |
| (F) Cost share with landowners on practices established | 25359 |
| pursuant to division (E)(5) of this section as moneys are | 25360 |
| appropriated and available for that purpose. Any practice for | 25361 |
| which cost share is provided shall be maintained for its useful | 25362 |
| life. Failure to maintain a cost share practice for its useful | 25363 |
| life shall subject the landowner to full repayment to the | 25364 |
| division. | 25365 |
| (G) Issue orders requiring compliance with any rule adopted | 25366 |
| under division (E)(1) of this section or with section 1511.022 of | 25367 |
| the Revised Code. Before the chief issues an order, the chief | 25368 |
| shall afford each person allegedly liable an adjudication hearing | 25369 |
| under Chapter 119. of the Revised Code. The chief may require in | 25370 |
| an order that a person who has caused agricultural pollution by | 25371 |
| failure to comply with the standards established under division | 25372 |
| (E)(1) of this section operate under an operation and management | 25373 |
| plan approved by the chief under this section. The chief shall | 25374 |
| require in an order that a person who has failed to comply with | 25375 |
| division (A) of section 1511.022 of the Revised Code prepare a | 25376 |
| composting plan in accordance with rules adopted under division | 25377 |
| (E)(10)(c) of this section and operate in accordance with that | 25378 |
| plan or that a person who has failed to operate in accordance with | 25379 |
| such a plan begin to operate in accordance with it. Each order | 25380 |
| shall be issued in writing and contain a finding by the chief of | 25381 |
| the facts upon which the order is based and the standard that is | 25382 |
| not being met. | 25383 |
| (H) Employ field assistants and such other employees as are | 25384 |
| necessary for the performance of the work prescribed by Chapter | 25385 |
| 1515. of the Revised Code, for performance of work of the | 25386 |
| division, and as agreed to under working agreements or contractual | 25387 |
| arrangements with local soil and water conservation districts, | 25388 |
| prescribe their duties, and fix their compensation in accordance | 25389 |
| with such schedules as are provided by law for the compensation of | 25390 |
| state employees. | 25391 |
| All employees of the division, unless specifically exempted | 25392 |
| by law, shall be employed subject to the classified civil service | 25393 |
| laws in force at the time of employment. | 25394 |
| (I) In connection with new or relocated projects involving | 25395 |
| highways, underground cables, pipelines, railroads, and other | 25396 |
| improvements affecting soil and water resources, including surface | 25397 |
| and subsurface drainage: | 25398 |
| (1) Provide engineering service as is mutually agreeable to | 25399 |
| the Ohio soil and water conservation commission and the director | 25400 |
| to aid in the design and installation of soil and water | 25401 |
| conservation practices as a necessary component of such projects; | 25402 |
| (2) Maintain close liaison between the owners of lands on | 25403 |
| which the projects are executed, local soil and water conservation | 25404 |
| districts, and authorities responsible for such projects; | 25405 |
| (3) Review plans for such projects to ensure their compliance | 25406 |
| with standards developed under division (E) of this section in | 25407 |
| cooperation with the department of transportation or with any | 25408 |
| other interested agency that is engaged in soil or water | 25409 |
| conservation projects in the state in order to minimize adverse | 25410 |
| impacts on soil and water resources adjacent to or otherwise | 25411 |
| affected by these projects; | 25412 |
| (4) Recommend measures to retard erosion and protect soil and | 25413 |
| water resources through the installation of water impoundment or | 25414 |
| other soil and water conservation practices; | 25415 |
| (5) Cooperate with other agencies and subdivisions of the | 25416 |
| state to protect the agricultural status of rural lands adjacent | 25417 |
| to such projects and control adverse impacts on soil and water | 25418 |
| resources. | 25419 |
| (J) Collect, analyze, inventory, and interpret all available | 25420 |
| information pertaining to the origin, distribution, extent, use, | 25421 |
| and conservation of the soil resources of the state; | 25422 |
| (K) Prepare and maintain up-to-date reports, maps, and other | 25423 |
| materials pertaining to the soil resources of the state and their | 25424 |
| use and make that information available to governmental agencies, | 25425 |
| public officials, conservation entities, and the public; | 25426 |
| (L) Provide soil and water conservation districts with | 25427 |
| technical assistance including on-site soil investigations and | 25428 |
| soil interpretation reports on the suitability or limitations of | 25429 |
| soil to support a particular use or to plan soil conservation | 25430 |
| measures. The assistance shall be upon such terms as are mutually | 25431 |
| agreeable to the districts and the department of natural | 25432 |
| resources. | 25433 |
| (M) Assist local government officials in utilizing land use | 25434 |
| planning and zoning, current agricultural use value assessment, | 25435 |
| development reviews, and land management activities; | 25436 |
| (N) When necessary for the purposes of this chapter or | 25437 |
| Chapter 1515. of the Revised Code, develop or approve operation | 25438 |
| and management plans. | 25439 |
| This section does not restrict the excrement of domestic or | 25440 |
| farm animals defecated on land outside a concentrated animal | 25441 |
| feeding operation or runoff therefrom into the waters of the | 25442 |
| state. | 25443 |
| Sec. 1511.021. (A) Any person who owns or operates | 25444 |
| agricultural land or a concentrated animal feeding operation may | 25445 |
| develop and operate under an operation and management plan | 25446 |
| approved by the chief of the division of soil and water | 25447 |
| 25448 | |
| or by the supervisors of the local soil and water conservation | 25449 |
| district under section 1515.08 of the Revised Code. | 25450 |
| (B) Any person who wishes to make a complaint regarding | 25451 |
| nuisances involving agricultural pollution may do so orally or by | 25452 |
| submitting a written, signed, and dated complaint to the chief or | 25453 |
| to the chief's designee. After receiving an oral complaint, the | 25454 |
| chief or the chief's designee may cause an investigation to be | 25455 |
| conducted to determine whether agricultural pollution has occurred | 25456 |
| or is imminent. After receiving a written, signed, and dated | 25457 |
| complaint, the chief or the chief's designee shall cause such an | 25458 |
| investigation to be conducted. | 25459 |
| (C) In a private civil action for nuisances involving | 25460 |
| agricultural pollution, it is an affirmative defense if the person | 25461 |
| owning, operating, or otherwise responsible for agricultural land | 25462 |
| or a concentrated animal feeding operation is operating under and | 25463 |
| in substantial compliance with an approved operation and | 25464 |
| management plan developed under division (A) of this section, with | 25465 |
| an operation and management plan developed by the chief under | 25466 |
| section 1511.02 of the Revised Code or by the supervisors of the | 25467 |
| local soil and water conservation district under section 1515.08 | 25468 |
| of the Revised Code, or with an operation and management plan | 25469 |
| required by an order issued by the chief under division (G) of | 25470 |
| section 1511.02 of the Revised Code. Nothing in this section is in | 25471 |
| derogation of the authority granted to the chief in division (E) | 25472 |
| of section 1511.02 and in section 1511.07 of the Revised Code. | 25473 |
| Sec. 1511.022. (A) Any person who owns or operates an | 25474 |
| agricultural operation, or owns the animals raised by the owner or | 25475 |
| operator of an agricultural operation, and who wishes to conduct | 25476 |
| composting of dead animals resulting from the agricultural | 25477 |
| operation shall do both of the following: | 25478 |
| (1) Participate in an educational course concerning | 25479 |
| composting conducted by the Ohio cooperative extension service and | 25480 |
| obtain a certificate of completion for the course; | 25481 |
| (2) Use the appropriate method, technique, or practice of | 25482 |
|
composting established in rules adopted under division (E) | 25483 |
| of section 1511.02 of the Revised Code. | 25484 |
| (B) Any person who fails to comply with division (A) of this | 25485 |
| section shall prepare and operate under a composting plan in | 25486 |
| accordance with an order issued by the chief of the division of | 25487 |
|
soil and water | 25488 |
| section 1511.02 of the Revised Code. If the person's proposed | 25489 |
| composting plan is disapproved by the board of supervisors of the | 25490 |
| appropriate soil and water conservation district under division | 25491 |
| 25492 | |
| appeal the plan disapproval to the chief, who shall afford the | 25493 |
| person a hearing. Following the hearing, the chief shall uphold | 25494 |
| the plan disapproval or reverse it. If the chief reverses the | 25495 |
| disapproval, the plan shall be deemed approved. | 25496 |
| Sec. 1511.03. The chief of the division of soil and water | 25497 |
| 25498 | |
| with the approval of the director of natural resources, with any | 25499 |
| agency of the United States government, or any other public or | 25500 |
| private agency, or organization, for the performance of the | 25501 |
| prescribed duties of the division, or for accomplishing | 25502 |
| cooperative projects within the designated duties of the division. | 25503 |
| Sec. 1511.04. The chief of the division of soil and water | 25504 |
| 25505 | |
| natural resources, donations, grants and contributions in money, | 25506 |
| service, or equipment to enlarge or expedite the prescribed work | 25507 |
| of the division. | 25508 |
| Sec. 1511.05. The chief of the division of soil and water | 25509 |
| 25510 | |
| agreement by the soil and water conservation commission, shall | 25511 |
| enter into cooperative agreements with the board of supervisors of | 25512 |
| any soil and water conservation district desiring to enter into | 25513 |
| such agreements pursuant to section 1515.08 of the Revised Code. | 25514 |
| Such agreements shall be entered into to obtain compliance with | 25515 |
| rules and orders of the chief pertaining to agricultural pollution | 25516 |
| abatement and urban sediment pollution abatement. | 25517 |
| The chief or any person designated by the chief may upon | 25518 |
| obtaining agreement with the owner, tenant, or manager of any | 25519 |
| land, public or private, enter thereon to make inspections to | 25520 |
| determine whether or not there is compliance with the rules | 25521 |
| adopted under division (E)(1) of section 1511.02 of the Revised | 25522 |
| Code. Upon reason to believe there is a violation, the chief or | 25523 |
| 25524 | |
| common pleas for the county where the land is located may issue an | 25525 |
| appropriate inspection warrant as necessary to achieve the | 25526 |
| purposes of this chapter. | 25527 |
| Sec. 1511.06. The chief of the division of soil and water | 25528 |
| 25529 | |
| government agencies for the purpose of soil surveys, land use | 25530 |
| inventories, and other soil-related duties. | 25531 |
| Sec. 1511.07. (A)(1) No person shall fail to comply with an | 25532 |
|
order of the chief of the division of soil and water
| 25533 |
| resources issued pursuant to division (G) of section 1511.02 of | 25534 |
| the Revised Code. | 25535 |
| (2) In addition to the remedies provided and irrespective of | 25536 |
| whether an adequate remedy at law exists, the chief may apply to | 25537 |
| the court of common pleas in the county where a violation of a | 25538 |
|
standard established under division (E)(1) or | 25539 |
| section 1511.02 of the Revised Code causes pollution of the waters | 25540 |
| of the state for an order to compel the violator to cease the | 25541 |
| violation and to remove the agricultural pollutant or to comply | 25542 |
|
with the
rules adopted under
division (E) | 25543 |
| section, as appropriate. | 25544 |
| (3) In addition to the remedies provided and irrespective of | 25545 |
| whether an adequate remedy at law exists, whenever the chief | 25546 |
| officially determines that an emergency exists because of an | 25547 |
| unauthorized release, spill, or discharge of animal waste, or a | 25548 |
|
violation of a rule adopted under division (E) | 25549 |
| section 1511.02 of the Revised Code, that causes pollution of the | 25550 |
| waters of the state, the chief may, without notice or hearing, | 25551 |
| issue an order reciting the existence of the emergency and | 25552 |
| requiring that necessary action be taken to meet the emergency. | 25553 |
| The order shall be effective immediately. Any person to whom the | 25554 |
| order is directed shall comply with the order immediately, but on | 25555 |
| application to the chief shall be afforded a hearing as soon as | 25556 |
| possible, but not later than twenty days after making the | 25557 |
| application. On the basis of the hearing, the chief shall continue | 25558 |
| the order in effect, revoke it, or modify it. No emergency order | 25559 |
| shall remain in effect for more than sixty days after its | 25560 |
| issuance. If a person to whom an order is issued does not comply | 25561 |
| with the order within a reasonable period, as determined by the | 25562 |
| chief, the chief or the chief's designee may enter upon private or | 25563 |
| public lands and take action to mitigate, minimize, remove, or | 25564 |
| abate the release, spill, discharge, or conditions caused by the | 25565 |
| violation of the rule. | 25566 |
| (B) The attorney general, upon the written request of the | 25567 |
| chief, shall bring appropriate legal action in Franklin county | 25568 |
| against any person who fails to comply with an order of the chief | 25569 |
| issued pursuant to division (G) of section 1511.02 of the Revised | 25570 |
| Code. | 25571 |
| Sec. 1511.071. There is hereby created in the state treasury | 25572 |
| the agricultural pollution abatement fund, which shall be | 25573 |
| administered by the chief of the division of soil and water | 25574 |
| 25575 | |
| by the division under division (A)(3) of section 1511.07 of the | 25576 |
| Revised Code in investigating, mitigating, minimizing, removing, | 25577 |
| or abating any pollution of the waters of the state caused by an | 25578 |
| unauthorized release, spill, or discharge of animal waste into or | 25579 |
| upon the environment that requires emergency action to protect the | 25580 |
| public health. | 25581 |
| Any person responsible for causing or allowing an | 25582 |
| unauthorized release, spill, or discharge is liable to the chief | 25583 |
| for any costs incurred by the division and soil and water | 25584 |
| conservation districts in investigating, mitigating, minimizing, | 25585 |
| removing, or abating the release, spill, or discharge, regardless | 25586 |
| of whether those costs were paid out of the agricultural pollution | 25587 |
| abatement fund or any other fund of the division or a district. | 25588 |
| Upon the request of the chief, the attorney general shall bring a | 25589 |
| civil action against the responsible person to recover those | 25590 |
| costs. Moneys recovered under this section shall be paid into the | 25591 |
| agricultural pollution abatement fund. | 25592 |
| Sec. 1511.08. Any person claiming to be deprived of a right | 25593 |
|
or protection
afforded | 25594 |
|
chief of the
division of soil and water
| 25595 |
| except an order which adopts a rule, may appeal to the court of | 25596 |
| common pleas of Franklin county or the court of common pleas of | 25597 |
| the county in which the alleged violation exists. | 25598 |
| If the court finds that the order of the chief appealed from | 25599 |
| was lawful and reasonable, it shall affirm such order. If the | 25600 |
| court finds that such order was unreasonable or unlawful, it shall | 25601 |
| vacate such order and make the order which it finds the chief | 25602 |
| should have made. The judgment of the court is final unless | 25603 |
| reversed, vacated, or modified on appeal. | 25604 |
| Sec. 1513.021. (A) As used in this section, "ton" means two | 25605 |
| thousand pounds of coal that is measured at the point and time of | 25606 |
| extraction after the removal of any impurities. | 25607 |
| (B) Except as otherwise provided in division (D) of this | 25608 |
| section, there is charged to an operator an energy resource | 25609 |
| extraction fee of eight cents per ton of coal. The fee that is | 25610 |
| charged under this section is to provide funding for the division | 25611 |
| of mineral resources management to administer the coal mining and | 25612 |
| reclamation program, satisfy the regulatory, environmental, and | 25613 |
| natural resources management requirements of this state, and | 25614 |
| reclaim land affected by mining. | 25615 |
| (C) In accordance with rules adopted under this section, the | 25616 |
| chief of the division of mineral resources management shall | 25617 |
| collect from each operator the fee that is charged under this | 25618 |
| section. The chief shall transmit all money collected under this | 25619 |
| section to the treasurer of state to be credited to the coal | 25620 |
| mining administration and reclamation reserve fund created in | 25621 |
| section 1513.181 of the Revised Code. | 25622 |
| (D) Beginning July 1, 2013, and thereafter not later than | 25623 |
| thirty days after the end of a fiscal biennium, the director of | 25624 |
| natural resources shall examine the balance of the coal mining | 25625 |
| administration and reclamation reserve fund to determine if the | 25626 |
| fund contains sufficient money to fulfill the purposes specified | 25627 |
| in division (B) of this section for the fiscal biennium in which | 25628 |
| the examination is conducted. The director shall certify the | 25629 |
| director's determination to the director of budget and management | 25630 |
| and the treasurer of state. If the director of natural resources | 25631 |
| determines that the fund contains sufficient money for that | 25632 |
| fiscal biennium, the energy resource extraction fee shall be four | 25633 |
| cents per ton of coal. If the director determines that the fund | 25634 |
| does not contain sufficient money, the energy resource extraction | 25635 |
| fee shall be eight cents per ton of coal. | 25636 |
| (E) The chief, with the approval of the director of natural | 25637 |
| resources, shall adopt rules in accordance with Chapter 119. of | 25638 |
| the Revised Code for the administration of this section. | 25639 |
| (F) In any fiscal year, the director of natural resources may | 25640 |
| request the director of budget and management to transfer from | 25641 |
| the coal mining administration and reclamation reserve fund to | 25642 |
| the geological mapping fund created in section 1505.09 of the | 25643 |
| Revised Code a portion of the money credited to the coal mining | 25644 |
| administration and reclamation reserve fund resulting from the | 25645 |
| energy resource extraction fee that is collected under this | 25646 |
| section. | 25647 |
| (G) Not later than January 1, 2015, the chief shall complete | 25648 |
| a study to determine the solvency of the coal mining | 25649 |
| administration and reclamation fund and shall report the | 25650 |
| determination to the director of budget and management and make | 25651 |
| recommendations to the director concerning the rate of the energy | 25652 |
| resource extraction fee charged under this section. | 25653 |
| Sec. 1514.08. (A) The chief of the division of mineral | 25654 |
| resources management may adopt, amend, and rescind rules in | 25655 |
| accordance with Chapter 119. of the Revised Code in order to | 25656 |
| prescribe procedures for submitting applications for permits, | 25657 |
| amendments to permits, and amendments to plans of mining and | 25658 |
| reclamation; filing annual reports and final reports; requesting | 25659 |
| inspection and approval of reclamation; paying permit and filing | 25660 |
| fees; and filing and obtaining the release of performance bonds | 25661 |
| deposited with the state. For the purpose of preventing damage to | 25662 |
| adjoining property or achieving one or more of the performance | 25663 |
| standards established in division (A)(10) of section 1514.02 of | 25664 |
| the Revised Code, the chief may establish classes of mining | 25665 |
| industries, based upon industrial categories, combinations of | 25666 |
| minerals produced, and geological conditions in which surface or | 25667 |
| in-stream mining operations occur, and may prescribe different | 25668 |
| rules consistent with the performance standards for each class. | 25669 |
| For the purpose of apportioning the workload of the division of | 25670 |
| mineral resources management among the quarters of the year, the | 25671 |
| rules may require that applications for permits and annual reports | 25672 |
| be filed in different quarters of the year, depending upon the | 25673 |
| county in which the operation is located. | 25674 |
| (B) The chief shall adopt rules under this section that do | 25675 |
| all of the following: | 25676 |
| (1) With respect to in-stream mining, and in consultation | 25677 |
| with the chief of the division of soil and water resources, | 25678 |
| determine periods of low flow, which are the only time periods | 25679 |
| during which in-stream mining is allowed, and develop and | 25680 |
| implement any criteria, in addition to the criteria established in | 25681 |
| section 1514.02 of the Revised Code, that the chief determines are | 25682 |
| necessary for the permitting of in-stream mining; | 25683 |
| (2) Establish criteria and procedures for approving or | 25684 |
| disapproving the transfer of a surface or in-stream mining permit | 25685 |
| under division (F) of section 1514.02 of the Revised Code; | 25686 |
| (3) Define when any of the following may be considered to be | 25687 |
| "significant" for purposes of section 1514.022 of the Revised | 25688 |
| Code: | 25689 |
| (a) An amendment to a permit issued under section 1514.02 of | 25690 |
| the Revised Code for a surface or in-stream mining operation; | 25691 |
| (b) An amendment to the plan of mining and reclamation that | 25692 |
| must be filed with an application for either permit under section | 25693 |
| 1514.02 of the Revised Code; | 25694 |
| (c) Changes to that plan of mining and reclamation that are | 25695 |
| proposed in a permit renewal application filed under section | 25696 |
| 1514.021 of the Revised Code. | 25697 |
| In defining "significant," the chief shall focus on changes | 25698 |
| that increase the likelihood that the mining operation may have a | 25699 |
| negative impact on the public. | 25700 |
| (4) Establish a framework and procedures under which the | 25701 |
| amount of any bond required to be filed under this chapter to | 25702 |
| ensure the satisfactory performance of the reclamation measures | 25703 |
| required under this chapter may be reduced by subtracting a credit | 25704 |
| based on the operator's past compliance with this chapter and | 25705 |
| rules adopted and orders issued under it. The rules also shall | 25706 |
| apply to cash, an irrevocable letter of credit, or a certificate | 25707 |
| of deposit that is on deposit in lieu of a bond. In establishing | 25708 |
| the amount of credit that an operator or applicant may receive | 25709 |
| based on past compliance, the chief may consider past compliance | 25710 |
| with respect to any permit for a surface or in-stream mining | 25711 |
| operation that has been issued in this state to the operator or | 25712 |
| applicant. | 25713 |
| (5) Establish criteria and procedures for granting a variance | 25714 |
| from compliance with the prohibitions established in divisions | 25715 |
| (E)(3) and (F)(3) of section 1514.10 of the Revised Code. The | 25716 |
| criteria shall ensure that an operator may obtain a variance only | 25717 |
| if compliance with the applicable prohibition is not necessary to | 25718 |
| prevent damage to the watercourse or surrounding areas. | 25719 |
| Sec. 1514.13. (A) The chief of the division of mineral | 25720 |
| resources management shall use the compilation of data for ground | 25721 |
| water modeling submitted under section 1514.02 of the Revised Code | 25722 |
| to establish a projected cone of depression for any surface mining | 25723 |
| operation that may result in dewatering. The chief shall consult | 25724 |
| with the chief of the division of soil and water resources when | 25725 |
| projecting a cone of depression. An applicant for a surface mining | 25726 |
| permit for such an operation may submit ground water modeling that | 25727 |
| shows a projected cone of depression for that operation to the | 25728 |
| chief, provided that the modeling complies with rules adopted by | 25729 |
| the chief regarding ground water modeling. However, the chief | 25730 |
| shall establish the projected cone of depression for the purposes | 25731 |
| of this section. | 25732 |
| The chief shall adopt, and may amend and rescind, rules in | 25733 |
| accordance with Chapter 119. of the Revised Code establishing | 25734 |
| requirements and standards governing both of the following: | 25735 |
| (1) Ground water modeling for establishing a projected cone | 25736 |
| of depression. A ground water model shall be generally accepted in | 25737 |
| the scientific community. | 25738 |
| (2) Replacement of water supplies. | 25739 |
| (B)(1) If an owner of real property who obtains all or part | 25740 |
| of the owner's water supply for domestic, agricultural, | 25741 |
| industrial, or other legitimate use from ground water has a | 25742 |
| diminution, contamination, or interruption of that water supply | 25743 |
| and the owner's real property is located within the projected cone | 25744 |
| of depression of a surface mining operation established under this | 25745 |
| section, the owner may submit a written complaint to the operator | 25746 |
| of that operation or to the chief informing the operator or the | 25747 |
| chief that there is a diminution, contamination, or interruption | 25748 |
| of the owner's water supply. The complaint shall include the | 25749 |
| owner's name, address, and telephone number. | 25750 |
| If the chief receives a written complaint, the chief | 25751 |
| immediately shall send a copy of the complaint to the operator, | 25752 |
| and the operator immediately shall respond by sending the chief a | 25753 |
| statement that explains how the operator resolved or will resolve | 25754 |
| the complaint. If the operator receives a written complaint, the | 25755 |
| operator immediately shall send to the chief a copy of the | 25756 |
| complaint and include a statement that explains how the operator | 25757 |
| resolved or will resolve the complaint. Not later than seventy-two | 25758 |
| hours after receipt of the complaint, the operator shall provide | 25759 |
| the owner a supply of water that is comparable, in quantity and | 25760 |
| quality, to the owner's water supply prior to the diminution, | 25761 |
| contamination, or interruption of the owner's water supply. The | 25762 |
| operator shall maintain that water supply until the operator | 25763 |
| provides a permanent replacement water supply to the owner under | 25764 |
| division (B)(3) of this section or until the division of mineral | 25765 |
| resources management completes the evaluation under division | 25766 |
| (B)(2) of this section, whichever is applicable. | 25767 |
| (2) A rebuttable presumption exists that the operation caused | 25768 |
| the diminution, contamination, or interruption of the owner's | 25769 |
| water supply. However, not later than fourteen days after receipt | 25770 |
| of the complaint, the operator may submit to the division | 25771 |
| information showing that the operation is not the proximate cause | 25772 |
| of the diminution, contamination, or interruption of the owner's | 25773 |
| water supply. The division shall evaluate the information | 25774 |
| submitted by the operator to determine if the presumption is | 25775 |
| rebutted. If the operator fails to rebut the presumption, the | 25776 |
| division immediately shall notify the operator that the operator | 25777 |
| failed to rebut the presumption. Not later than fourteen days | 25778 |
| after receipt of that notice, the operator shall provide the owner | 25779 |
| a permanent replacement water supply that is comparable, in | 25780 |
| quantity and quality, to the owner's water supply prior to the | 25781 |
| diminution, contamination, or interruption of the owner's water | 25782 |
| supply. If the operator rebuts the presumption, the division | 25783 |
| immediately shall notify the operator that the operator rebutted | 25784 |
| the presumption, and, upon receipt of that notice, the operator | 25785 |
| may cease providing a supply of water to the owner under division | 25786 |
| (B)(1) of this section. | 25787 |
| (3) If, within fourteen days after receipt of the complaint, | 25788 |
| the operator does not submit to the division information showing | 25789 |
| that the operation is not the proximate cause of the diminution, | 25790 |
| contamination, or interruption of the owner's water supply, the | 25791 |
| operator shall provide the owner, not later than twenty-eight days | 25792 |
| after receipt of the complaint, a permanent replacement water | 25793 |
| supply that is comparable, in quantity and quality, to the owner's | 25794 |
| water supply prior to the diminution, contamination, or | 25795 |
| interruption of the owner's water supply. | 25796 |
| (4) The division may investigate a complaint under division | 25797 |
| (B) of this section. | 25798 |
| (C) If an owner of real property who obtains all or part of | 25799 |
| the owner's water supply for domestic, agricultural, industrial, | 25800 |
| or other legitimate use from ground water has a diminution, | 25801 |
| contamination, or interruption of that water supply and the | 25802 |
| owner's real property is not located within the projected cone of | 25803 |
| depression of a surface mining operation established under this | 25804 |
| section, the owner may submit a written complaint to the operator | 25805 |
| of that operation or to the chief informing the operator or the | 25806 |
| chief that there is a diminution, contamination, or interruption | 25807 |
| of the owner's water supply. The complaint shall include the | 25808 |
| owner's name, address, and telephone number. | 25809 |
| If the operator receives a written complaint, the operator | 25810 |
| immediately shall send the chief a copy of the complaint. If the | 25811 |
| chief receives a written complaint, the chief immediately shall | 25812 |
| send the operator a copy of the complaint. The chief shall | 25813 |
| investigate any complaint submitted under this division and, upon | 25814 |
| completion of the investigation, immediately shall send the | 25815 |
| results of the investigation to the operator and to the owner that | 25816 |
| filed the complaint. | 25817 |
| An owner that submits a written complaint under this division | 25818 |
| may resolve the diminution, contamination, or interruption of the | 25819 |
| owner's water supply with the operator of that operation or may | 25820 |
| commence a civil action for that purpose. | 25821 |
| (D) An operator may request the chief to amend the plan of | 25822 |
| mining and reclamation filed with the application under section | 25823 |
| 1514.02 of the Revised Code when a ground water user may affect | 25824 |
| the projected cone of depression established for the operation | 25825 |
| under division (A) of this section. The operator shall submit | 25826 |
| additional data that reflect the ground water user's impact on the | 25827 |
| ground water. The chief shall perform ground water modeling using | 25828 |
| the additional data and may establish a revised projected cone of | 25829 |
| depression for that operation. | 25830 |
| (E) This section shall not be construed as creating, | 25831 |
| modifying, or affecting any right, liability, or remedy of surface | 25832 |
| riparian owners. | 25833 |
| Sec. 1515.08. The supervisors of a soil and water | 25834 |
| conservation district have the following powers in addition to | 25835 |
| their other powers: | 25836 |
| (A) To conduct surveys, investigations, and research relating | 25837 |
| to the character of soil erosion, floodwater and sediment damages, | 25838 |
| and the preventive and control measures and works of improvement | 25839 |
| for flood prevention and the conservation, development, | 25840 |
| utilization, and disposal of water needed within the district, and | 25841 |
| to publish the results of those surveys, investigations, or | 25842 |
| research, provided that no district shall initiate any research | 25843 |
| program except in cooperation or after consultation with the Ohio | 25844 |
| agricultural research and development center; | 25845 |
| (B) To develop plans for the conservation of soil resources, | 25846 |
| for the control and prevention of soil erosion, and for works of | 25847 |
| improvement for flood prevention and the conservation, | 25848 |
| development, utilization, and disposal of water within the | 25849 |
| district, and to publish those plans and information; | 25850 |
| (C) To implement, construct, repair, maintain, and operate | 25851 |
| preventive and control measures and other works of improvement for | 25852 |
| natural resource conservation and development and flood | 25853 |
| prevention, and the conservation, development, utilization, and | 25854 |
| disposal of water within the district on lands owned or controlled | 25855 |
| by this state or any of its agencies and on any other lands within | 25856 |
| the district, which works may include any facilities authorized | 25857 |
| under state or federal programs, and to acquire, by purchase or | 25858 |
| gift, to hold, encumber, or dispose of, and to lease real and | 25859 |
| personal property or interests in such property for those | 25860 |
| purposes; | 25861 |
| (D) To cooperate or enter into agreements with any occupier | 25862 |
| of lands within the district in the carrying on of natural | 25863 |
| resource conservation operations and works of improvement for | 25864 |
| flood prevention and the conservation, development, utilization, | 25865 |
| and management of natural resources within the district, subject | 25866 |
| to such conditions as the supervisors consider necessary; | 25867 |
| (E) To accept donations, gifts, grants, and contributions in | 25868 |
| money, service, materials, or otherwise, and to use or expend them | 25869 |
| according to their terms; | 25870 |
| (F) To adopt, amend, and rescind rules to carry into effect | 25871 |
| the purposes and powers of the district; | 25872 |
| (G) To sue and plead in the name of the district, and be sued | 25873 |
| and impleaded in the name of the district, with respect to its | 25874 |
| contracts and, as indicated in section 1515.081 of the Revised | 25875 |
| Code, certain torts of its officers, employees, or agents acting | 25876 |
| within the scope of their employment or official responsibilities, | 25877 |
| or with respect to the enforcement of its obligations and | 25878 |
| covenants made under this chapter; | 25879 |
| (H) To make and enter into all contracts, leases, and | 25880 |
| agreements and execute all instruments necessary or incidental to | 25881 |
| the performance of the duties and the execution of the powers of | 25882 |
| the district under this chapter, provided that all of the | 25883 |
| following apply: | 25884 |
| (1) Except as provided in section 307.86 of the Revised Code | 25885 |
| regarding expenditures by boards of county commissioners, when the | 25886 |
| cost under any such contract, lease, or agreement, other than | 25887 |
| compensation for personal services or rental of office space, | 25888 |
| involves an expenditure of more than the amount established in | 25889 |
| that section regarding expenditures by boards of county | 25890 |
| commissioners, the supervisors shall make a written contract with | 25891 |
| the lowest and best bidder after advertisement, for not less than | 25892 |
| two nor more than four consecutive weeks preceding the day of the | 25893 |
| opening of bids, in a newspaper of general circulation within the | 25894 |
| district and in such other publications as the supervisors | 25895 |
| determine. The notice shall state the general character of the | 25896 |
| work and materials to be furnished, the place where plans and | 25897 |
| specifications may be examined, and the time and place of | 25898 |
| receiving bids. | 25899 |
| (2) Each bid for a contract shall contain the full name of | 25900 |
| every person interested in it. | 25901 |
| (3) Each bid for a contract for the construction, demolition, | 25902 |
| alteration, repair, or reconstruction of an improvement shall meet | 25903 |
| the requirements of section 153.54 of the Revised Code. | 25904 |
| (4) Each bid for a contract, other than a contract for the | 25905 |
| construction, demolition, alteration, repair, or reconstruction of | 25906 |
| an improvement, at the discretion of the supervisors, may be | 25907 |
| accompanied by a bond or certified check on a solvent bank in an | 25908 |
| amount not to exceed five per cent of the bid, conditioned that, | 25909 |
| if the bid is accepted, a contract shall be entered into. | 25910 |
| (5) The supervisors may reject any and all bids. | 25911 |
| (I) To make agreements with the department of natural | 25912 |
| resources giving it control over lands of the district for the | 25913 |
| purpose of construction of improvements by the department under | 25914 |
| section 1501.011 of the Revised Code; | 25915 |
| (J) To charge, alter, and collect rentals and other charges | 25916 |
| for the use or services of any works of the district; | 25917 |
| (K) To enter, either in person or by designated | 25918 |
| representatives, upon lands, private or public, in the necessary | 25919 |
| discharge of their duties; | 25920 |
| (L) To enter into agreements or contracts with the department | 25921 |
| for the determination, implementation, inspection, and funding of | 25922 |
| agricultural pollution abatement and urban sediment pollution | 25923 |
| abatement measures whereby landowners, operators, managers, and | 25924 |
| developers may meet adopted state standards for a quality | 25925 |
| environment, except that failure of a district board of | 25926 |
| supervisors to negotiate an agreement or contract with the | 25927 |
| department shall authorize the division of soil and water | 25928 |
| 25929 |
| (M) To conduct demonstrations and provide information to the | 25930 |
| public regarding practices and methods for natural resource | 25931 |
| conservation, development, and utilization; | 25932 |
| (N) | 25933 |
| 25934 | |
| 25935 | |
| 25936 | |
| 25937 |
| | 25938 |
| 25939 | |
| 25940 |
| | 25941 |
| 25942 | |
| 25943 | |
| 25944 | |
| 25945 |
| | 25946 |
| 25947 | |
| 25948 | |
| 25949 | |
| 25950 | |
| 25951 | |
| 25952 | |
| 25953 | |
| 25954 | |
| 25955 |
| | 25956 |
| the division of soil and water resources to implement and | 25957 |
| administer a program for urban sediment pollution abatement and to | 25958 |
| receive and expend moneys provided by the chief for that purpose; | 25959 |
| | 25960 |
| in section 1511.01 of the Revised Code, as necessary; | 25961 |
| | 25962 |
| developed under division (A) of section 1511.021 of the Revised | 25963 |
| Code comply with the standards established under division (E)(1) | 25964 |
| of section 1511.02 of the Revised Code and to approve or | 25965 |
| disapprove the plans, based on such compliance. If an operation | 25966 |
| and management plan is disapproved, the board shall provide a | 25967 |
| written explanation to the person who submitted the plan. The | 25968 |
| person may appeal the plan disapproval to the chief, who shall | 25969 |
| afford the person a hearing. Following the hearing, the chief | 25970 |
| shall uphold the plan disapproval or reverse it. If the chief | 25971 |
| reverses the plan disapproval, the plan shall be deemed approved | 25972 |
| under this division. In the event that any person operating or | 25973 |
| owning agricultural land or a concentrated animal feeding | 25974 |
| operation in accordance with an approved operation and management | 25975 |
| plan who, in good faith, is following that plan, causes | 25976 |
| agricultural pollution, the plan shall be revised in a fashion | 25977 |
| necessary to mitigate the agricultural pollution, as determined | 25978 |
| and approved by the board of supervisors of the soil and water | 25979 |
| conservation district. | 25980 |
| | 25981 |
| with agricultural operations, to do all of the following: | 25982 |
| (1) Upon request or upon their own initiative, inspect | 25983 |
| composting at any such operation to determine whether the | 25984 |
| composting is being conducted in accordance with section 1511.022 | 25985 |
| of the Revised Code; | 25986 |
| (2) If the board determines that composting is not being so | 25987 |
| conducted, request the chief to issue an order under division (G) | 25988 |
| of section 1511.02 of the Revised Code requiring the person who is | 25989 |
| conducting the composting to prepare a composting plan in | 25990 |
|
accordance with rules adopted under division (E) | 25991 |
| section and to operate in accordance with that plan or to operate | 25992 |
| in accordance with a previously prepared plan, as applicable; | 25993 |
| (3) In accordance with rules adopted under division | 25994 |
|
(E) | 25995 |
| approve or disapprove any such composting plan. If a plan is | 25996 |
| disapproved, the board shall provide a written explanation to the | 25997 |
| person who submitted the plan. | 25998 |
| As used in division | 25999 |
| the same meaning as in section 1511.01 of the Revised Code. | 26000 |
| | 26001 |
| conducted in conjunction with agricultural operations, to assist | 26002 |
| the county auditor, upon request, in determining whether a | 26003 |
| conservation activity is a conservation practice for purposes of | 26004 |
| Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the | 26005 |
| Revised Code. | 26006 |
| As used in this division, "conservation practice" has the | 26007 |
| same meaning as in section 5713.30 of the Revised Code. | 26008 |
| | 26009 |
| powers granted in this chapter. | 26010 |
| The director of natural resources shall make recommendations | 26011 |
| to reduce the adverse environmental effects of each project that a | 26012 |
| soil and water conservation district plans to undertake under | 26013 |
| division (A), (B), (C), or (D) of this section and that will be | 26014 |
| funded in whole or in part by moneys authorized under section | 26015 |
| 1515.16 of the Revised Code and shall disapprove any such project | 26016 |
| that the director finds will adversely affect the environment | 26017 |
| without equal or greater benefit to the public. The director's | 26018 |
| disapproval or recommendations, upon the request of the district | 26019 |
| filed in accordance with rules adopted by the Ohio soil and water | 26020 |
| conservation commission, shall be reviewed by the commission, | 26021 |
| which may confirm the director's decision, modify it, or add | 26022 |
| recommendations to or approve a project the director has | 26023 |
| disapproved. | 26024 |
| Any instrument by which real property is acquired pursuant to | 26025 |
| this section shall identify the agency of the state that has the | 26026 |
| use and benefit of the real property as specified in section | 26027 |
| 5301.012 of the Revised Code. | 26028 |
| Sec. 1515.14. Within the limits of funds appropriated to the | 26029 |
| department of natural resources and the soil and water | 26030 |
| conservation district assistance fund created in this section, | 26031 |
| there shall be paid in each calendar year to each local soil and | 26032 |
| water conservation district an amount not to exceed one dollar for | 26033 |
| each one dollar received in accordance with section 1515.10 of the | 26034 |
| Revised Code, received from tax levies in excess of the ten-mill | 26035 |
| levy limitation approved for the benefit of local soil and water | 26036 |
| conservation districts, or received from an appropriation by a | 26037 |
| municipal corporation or a township to a maximum of eight thousand | 26038 |
| dollars, provided that the Ohio soil and water conservation | 26039 |
| commission may approve payment to a district in an amount in | 26040 |
| excess of eight thousand dollars in any calendar year upon receipt | 26041 |
| of a request and justification from the district. The county | 26042 |
| auditor shall credit such payments to the special fund established | 26043 |
| pursuant to section 1515.10 of the Revised Code for the local soil | 26044 |
| and water conservation district. The department may make advances | 26045 |
| at least quarterly to each district on the basis of the estimated | 26046 |
| contribution of the state to each district. Moneys received by | 26047 |
| each district shall be expended for the purposes of the district. | 26048 |
| For the purpose of providing money to soil and water | 26049 |
| conservation districts under this section, there is hereby created | 26050 |
| in the state treasury the soil and water conservation district | 26051 |
| assistance fund consisting of money credited to it under section | 26052 |
| 3714.073 and division (A)(4) of section 3734.57 of the Revised | 26053 |
| Code. | 26054 |
| Sec. 1515.183. Upon acceptance of a petition requesting the | 26055 |
| construction of an improvement, the supervisors of a soil and | 26056 |
| water conservation district shall begin to prepare, as a guide to | 26057 |
| the board of county commissioners and the petitioners, a | 26058 |
| preliminary report regarding the proposed improvement. The | 26059 |
| supervisors shall present the completed preliminary report at the | 26060 |
| hearing that is held on the proposed improvement. | 26061 |
| The preliminary report shall include a preliminary estimate | 26062 |
| of cost, comments on the feasibility of the project, and a | 26063 |
| statement of the supervisors' opinion as to whether the benefits | 26064 |
| from the project are likely to exceed the estimated cost. The | 26065 |
| preliminary report shall identify all factors that are apparent to | 26066 |
| the supervisors, both favorable and unfavorable to the proposed | 26067 |
| improvement, so that the petitioners may be informed concerning | 26068 |
| what is involved with the construction of the improvement. | 26069 |
| In addition to reporting on the improvement as petitioned, | 26070 |
| the supervisors may submit alternate proposals to accomplish the | 26071 |
| intent of the petition. The preliminary report and all alternate | 26072 |
| proposals shall be reviewed and receive concurrence from an | 26073 |
| engineer who is employed by the division of soil and water | 26074 |
| 26075 | |
| service in the United States department of agriculture and who is | 26076 |
| responsible for providing technical assistance to the district or | 26077 |
| from any other registered professional engineer whom the | 26078 |
| supervisors choose. | 26079 |
| Sec. 1517.02. There is hereby created in the department of | 26080 |
| natural resources the division of natural areas and preserves, | 26081 |
| which shall be administered by the chief of the division of | 26082 |
| natural areas and preserves. The chief shall take an oath of | 26083 |
| office and shall file in the office of the secretary of state a | 26084 |
| bond signed by the chief and by a surety approved by the governor | 26085 |
| for a sum fixed pursuant to section 121.11 of the Revised Code. | 26086 |
| The chief shall administer a system of nature
preserves | 26087 |
| 26088 | |
| establish a system of nature preserves through acquisition and | 26089 |
| dedication of natural areas of state or national significance, | 26090 |
| which shall include, but not be limited to, areas that represent | 26091 |
| characteristic examples of Ohio's natural landscape types and its | 26092 |
| natural vegetation and geological history. The chief shall | 26093 |
| encourage landowners to dedicate areas of unusual significance as | 26094 |
| nature preserves, and shall establish and maintain a registry of | 26095 |
| natural areas of unusual significance. | 26096 |
| The chief may | 26097 |
| 26098 | |
| 26099 | |
| participate in watershed planning activities with other states or | 26100 |
|
federal agencies | 26101 |
| 26102 |
| The chief shall do the following: | 26103 |
| (A) Formulate policies and plans for the acquisition, use, | 26104 |
| management, and protection of nature preserves; | 26105 |
| (B) Formulate policies for the selection of areas suitable | 26106 |
| for registration; | 26107 |
| (C) Formulate policies for the dedication of areas as nature | 26108 |
| preserves; | 26109 |
| (D) Prepare and maintain surveys and inventories of natural | 26110 |
| areas, rare and endangered species of plants and animals, and | 26111 |
| other unique natural features. The information shall be stored in | 26112 |
| the Ohio natural heritage database, established pursuant to this | 26113 |
| division, and may be made available to any individual or private | 26114 |
| or public agency for research, educational, environmental, land | 26115 |
| management, or other similar purposes that are not detrimental to | 26116 |
| the conservation of a species or feature. Information regarding | 26117 |
| sensitive site locations of species that are listed pursuant to | 26118 |
| section 1518.01 of the Revised Code and of unique natural features | 26119 |
| that are included in the Ohio natural heritage database is not | 26120 |
| subject to section 149.43 of the Revised Code if the chief | 26121 |
| determines that the release of the information could be | 26122 |
| detrimental to the conservation of a species or unique natural | 26123 |
| feature. | 26124 |
| (E) Adopt rules for the use, visitation, and protection of | 26125 |
|
nature preserves | 26126 |
| easement, license, or lease by the department and administered by | 26127 |
|
the division | 26128 |
| 26129 | |
| 26130 | |
| 26131 | |
| Revised Code; | 26132 |
| (F) Provide facilities and improvements within the state | 26133 |
| system of nature preserves that are necessary for their | 26134 |
| visitation, use, restoration, and protection and do not impair | 26135 |
| their natural character; | 26136 |
| (G) Provide interpretive programs and publish and disseminate | 26137 |
| information pertaining to nature preserves and natural areas for | 26138 |
| their visitation and use; | 26139 |
| (H) Conduct and grant permits to qualified persons for the | 26140 |
| conduct of scientific research and investigations within nature | 26141 |
| preserves; | 26142 |
| (I) Establish an appropriate system for marking nature | 26143 |
| preserves; | 26144 |
| (J) Publish and submit to the governor and the general | 26145 |
| assembly a biennial report of the status and condition of each | 26146 |
| nature preserve, activities conducted within each preserve, and | 26147 |
| plans and recommendations for natural area preservation. | 26148 |
| Sec. 1517.10. (A) As used in this section, "felony" has the | 26149 |
| same meaning as in section 109.511 of the Revised Code. | 26150 |
| (B)(1) Any person selected by the chief of the division of | 26151 |
| natural areas and preserves for custodial or patrol service on the | 26152 |
| lands and waters operated or administered by the division shall be | 26153 |
| employed in conformity with the law applicable to the classified | 26154 |
| civil service of the state. Subject to division (C) of this | 26155 |
| section, the chief may designate that person as a preserve | 26156 |
| officer. A preserve officer, in any nature preserve, in any | 26157 |
| natural area owned or managed through easement, license, or lease | 26158 |
| by the department of natural resources and administered by the | 26159 |
| division, and on lands owned or managed through easement, license, | 26160 |
| or lease by the department and administered by the division that | 26161 |
|
are | 26162 |
| 26163 | |
| established under Chapter 1519. of the Revised Code, has the | 26164 |
| authority specified under section 2935.03 of the Revised Code for | 26165 |
| peace officers of the department of natural resources to keep the | 26166 |
| peace, to enforce all laws and rules governing those lands and | 26167 |
| waters, and to make arrests for violation of those laws and rules, | 26168 |
| provided that the authority shall be exercised on lands or waters | 26169 |
| administered by another division of the department only pursuant | 26170 |
| to an agreement with the chief of that division or to a request | 26171 |
| for assistance by an enforcement officer of that division in an | 26172 |
| emergency. A preserve officer, in or along any watercourse within, | 26173 |
| abutting, or upstream from the boundary of any area administered | 26174 |
| by the department, has the authority to enforce section 3767.32 of | 26175 |
| the Revised Code and any other laws prohibiting the dumping of | 26176 |
| refuse into or along waters and to make arrests for violation of | 26177 |
| those laws. The jurisdiction of a preserve officer shall be | 26178 |
| concurrent with that of the peace officers of the county, | 26179 |
| township, or municipal corporation in which the violation occurs. | 26180 |
| The governor, upon the recommendation of the chief, shall | 26181 |
| issue to each preserve officer a commission indicating authority | 26182 |
| to make arrests as provided in this section. | 26183 |
| The chief shall furnish a suitable badge to each commissioned | 26184 |
| preserve officer as evidence of the preserve officer's authority. | 26185 |
| (2) If any person employed under this section is designated | 26186 |
| by the chief to act as an agent of the state in the collection of | 26187 |
| money resulting from the sale of licenses, fees of any nature, or | 26188 |
| other money belonging to the state, the chief shall require a | 26189 |
| surety bond from the person in an amount not less than one | 26190 |
| thousand dollars. | 26191 |
| (3) A preserve officer may render assistance to a state or | 26192 |
| local law enforcement officer at the request of the officer or in | 26193 |
| the event of an emergency. Preserve officers serving outside the | 26194 |
| division of natural areas and preserves under this section or | 26195 |
| serving under the terms of a mutual aid compact authorized under | 26196 |
| section 1501.02 of the Revised Code shall be considered as | 26197 |
| performing services within their regular employment for the | 26198 |
| purposes of compensation, pension or indemnity fund rights, | 26199 |
| workers' compensation, and other rights or benefits to which they | 26200 |
| may be entitled as incidents of their regular employment. | 26201 |
| Preserve officers serving outside the division of natural | 26202 |
| areas and preserves under this section or under the terms of a | 26203 |
| mutual aid compact retain personal immunity from civil liability | 26204 |
| as specified in section 9.86 of the Revised Code and shall not be | 26205 |
| considered an employee of a political subdivision for purposes of | 26206 |
| Chapter 2744. of the Revised Code. A political subdivision that | 26207 |
| uses preserve officers under this section or under the terms of a | 26208 |
| mutual aid compact authorized under section 1501.02 of the Revised | 26209 |
| Code is not subject to civil liability under Chapter 2744. of the | 26210 |
| Revised Code as a result of any action or omission of any preserve | 26211 |
| officer acting under this section or under a mutual aid compact. | 26212 |
| (C)(1) The chief of the division of natural areas and | 26213 |
| preserves shall not designate a person as a preserve officer | 26214 |
| pursuant to division (B)(1) of this section on a permanent basis, | 26215 |
| on a temporary basis, for a probationary term, or on other than a | 26216 |
| permanent basis if the person previously has been convicted of or | 26217 |
| has pleaded guilty to a felony. | 26218 |
| (2)(a) The chief of the division of natural areas and | 26219 |
| preserves shall terminate the employment as a preserve officer of | 26220 |
| a person designated as a preserve officer under division (B)(1) of | 26221 |
| this section if that person does either of the following: | 26222 |
| (i) Pleads guilty to a felony; | 26223 |
| (ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 26224 |
| plea agreement as provided in division (D) of section 2929.43 of | 26225 |
| the Revised Code in which the preserve officer agrees to surrender | 26226 |
| the certificate awarded to the preserve officer under section | 26227 |
| 109.77 of the Revised Code. | 26228 |
| (b) The chief shall suspend from employment as a preserve | 26229 |
| officer a person designated as a preserve officer under division | 26230 |
| (B)(1) of this section if that person is convicted, after trial, | 26231 |
| of a felony. If the preserve officer files an appeal from that | 26232 |
| conviction and the conviction is upheld by the highest court to | 26233 |
| which the appeal is taken or if the preserve officer does not file | 26234 |
| a timely appeal, the chief shall terminate the employment of that | 26235 |
| preserve officer. If the preserve officer files an appeal that | 26236 |
| results in the preserve officer's acquittal of the felony or | 26237 |
| conviction of a misdemeanor, or in the dismissal of the felony | 26238 |
| charge against the preserve officer, the chief shall reinstate | 26239 |
| that preserve officer. A preserve officer who is reinstated under | 26240 |
| division (C)(2)(b) of this section shall not receive any back pay | 26241 |
| unless that preserve officer's conviction of the felony was | 26242 |
| reversed on appeal, or the felony charge was dismissed, because | 26243 |
| the court found insufficient evidence to convict the preserve | 26244 |
| officer of the felony. | 26245 |
| (3) Division (C) of this section does not apply regarding an | 26246 |
| offense that was committed prior to January 1, 1997. | 26247 |
| (4) The suspension from employment, or the termination of the | 26248 |
| employment, of a preserve officer under division (C)(2) of this | 26249 |
| section shall be in accordance with Chapter 119. of the Revised | 26250 |
| Code. | 26251 |
| Sec. 1517.11. There is hereby created in the state treasury | 26252 |
| the natural areas and preserves fund, which shall consist of | 26253 |
| moneys transferred into it under section 5747.113 of the Revised | 26254 |
| Code and of contributions made directly to it. Any person may | 26255 |
| contribute directly to the fund in addition to or independently of | 26256 |
| the income tax refund contribution system established in that | 26257 |
| section. | 26258 |
| Moneys in the fund shall be disbursed pursuant to vouchers | 26259 |
| approved by the director of natural resources for use by the | 26260 |
| division of natural areas and preserves solely for the following | 26261 |
| purposes: | 26262 |
| (A) The acquisition of new or expanded natural areas | 26263 |
|
nature
preserves | 26264 |
| (B) Facility development in natural areas | 26265 |
|
preserves | 26266 |
| (C) Special projects, including, but not limited to, | 26267 |
| biological inventories, research grants, and the production of | 26268 |
|
interpretive material
related to natural areas | 26269 |
|
preserves | 26270 |
| (D) Routine maintenance for health and safety purposes. | 26271 |
| Moneys appropriated from the fund shall not be used to fund | 26272 |
| salaries of permanent employees or administrative costs. | 26273 |
| All investment earnings of the fund shall be credited to the | 26274 |
| fund. | 26275 |
| Sec. 1519.03. The director of natural resources, through | 26276 |
|
the chief of
the division of | 26277 |
| recreation, shall prepare and maintain a current inventory of | 26278 |
| trails, abandoned or unmaintained roads, streets, and highways, | 26279 |
| abandoned railroad rights-of-way, utility easements, canals, and | 26280 |
| other scenic or historic corridors or rights-of-way that are | 26281 |
| suitable for recreational use. The director shall prepare and | 26282 |
| publish a comprehensive plan for development of a statewide trails | 26283 |
| system to serve present and future trail recreation needs of the | 26284 |
| state. Any state department, agency, political subdivision, or | 26285 |
| planning commission shall furnish available maps, descriptions, | 26286 |
| and other pertinent information to the director or provide access | 26287 |
|
to | 26288 |
| duplication, upon request by the director, for trail inventory and | 26289 |
| planning purposes. | 26290 |
| Sec. 1520.02. (A) The director of natural resources has | 26291 |
| exclusive authority to administer, manage, and establish policies | 26292 |
| governing canal lands. | 26293 |
| (B)(1) The director may sell, lease, exchange, give, or grant | 26294 |
| all or part of the state's interest in any canal lands in | 26295 |
| accordance with section 1501.01 of the Revised Code. The director | 26296 |
| may stipulate that an appraisal or survey need not be conducted | 26297 |
| for, and may establish any terms or conditions that the director | 26298 |
| determines appropriate for, any such conveyance. | 26299 |
| Prior to proposing the conveyance of any canal lands, the | 26300 |
| director shall consider the local government needs and economic | 26301 |
| development potential with respect to the canal lands and the | 26302 |
| recreational, ecological, and historical value of the canal lands. | 26303 |
| In addition, the conveyance of canal lands shall be conducted in | 26304 |
| accordance with the director's policies governing the protection | 26305 |
| and conservation of canal lands established under this section. | 26306 |
| (2) With regard to canal lands, the chief of the division of | 26307 |
| 26308 | |
| sell, lease, or transfer minerals or mineral rights when the | 26309 |
| chief, with the approval of the director, determines that the | 26310 |
| sale, lease, or transfer is in the best interest of the state. | 26311 |
| Consideration for minerals and mineral rights shall be by rental | 26312 |
| or on a royalty basis as prescribed by the chief, with the | 26313 |
| approval of the director, and payable as prescribed by contract. | 26314 |
| Moneys collected under division (B)(2) of this section shall be | 26315 |
| paid into the state treasury to the credit of the canal lands fund | 26316 |
| created in section 1520.05 of the Revised Code. | 26317 |
| (C) The director may transfer to the Ohio historical society | 26318 |
| any equipment, maps, and records used on or related to canal lands | 26319 |
| that are of historical interest and that are not needed by the | 26320 |
| director to administer this chapter. | 26321 |
| (D) If the director determines that any canal lands are a | 26322 |
| necessary part of a county's drainage or ditch system and are not | 26323 |
| needed for any purpose of the department of natural resources, the | 26324 |
| director may sell, grant, or otherwise convey those canal lands to | 26325 |
| that county in accordance with division (B) of this section. The | 26326 |
| board of county commissioners shall accept the transfer of canal | 26327 |
| lands. | 26328 |
| (E) Notwithstanding any other section of the Revised Code, | 26329 |
| the county auditor shall transfer any canal lands conveyed under | 26330 |
| this section, and the county recorder shall record the deed for | 26331 |
| those lands in accordance with section 317.12 of the Revised Code. | 26332 |
| Sec. 1520.03. (A) The director of natural resources may | 26333 |
| appropriate real property in accordance with Chapter 163. of the | 26334 |
| Revised Code for the purpose of administering this chapter. | 26335 |
| (B)(1) The director shall operate and maintain all canals and | 26336 |
| canal reservoirs owned by the state except those canals that are | 26337 |
| operated by the Ohio historical society on July 1, 1989. | 26338 |
| (2) On behalf of the director, the division of | 26339 |
| and recreation shall have the care and control of all canals and | 26340 |
| canal reservoirs owned by the state, the water in them, and canal | 26341 |
| lands and shall protect, operate, and maintain them and keep them | 26342 |
|
in repair. The chief of the division of | 26343 |
| may remove obstructions from or on them and shall make any | 26344 |
| alterations or changes in or to them and construct any feeders, | 26345 |
| dikes, reservoirs, dams, locks, or other works, devices, or | 26346 |
| improvements in or on them that are necessary in the discharge of | 26347 |
| the chief's duties. | 26348 |
| In accordance with Chapter 119. of the Revised Code, the | 26349 |
| chief may adopt, amend, and rescind rules that are necessary for | 26350 |
| the administration of this division. | 26351 |
| (C) The director may sell or lease water from any canal or | 26352 |
| canal reservoir that the director operates and maintains only to | 26353 |
| the extent that the water is in excess of the quantity that is | 26354 |
|
required for navigation, recreation, and wildlife purposes. | 26355 |
| With the approval of the director, the chief may adopt, amend, and | 26356 |
| rescind rules in accordance with Chapter 119. of the Revised Code | 26357 |
| necessary to administer this division. | 26358 |
| The withdrawal of water from any canal or canal reservoir for | 26359 |
| domestic use is exempt from this division. However, the director | 26360 |
| may require water conservation measures for water that is | 26361 |
| withdrawn from any canal or canal reservoir for domestic use | 26362 |
| during drought conditions or other emergencies declared by the | 26363 |
| governor. | 26364 |
| (D) No person shall take or divert water from any canal or | 26365 |
| canal reservoir operated and maintained by the director except in | 26366 |
| accordance with division (C) of this section. | 26367 |
| (E) At the request of the director, the attorney general may | 26368 |
| commence a civil action for civil penalties and injunctions, in a | 26369 |
| court of common pleas, against any person who has violated or is | 26370 |
| violating division (D) of this section. The court of common pleas | 26371 |
| in which an action for injunctive relief is filed has jurisdiction | 26372 |
| to and shall grant preliminary and permanent injunctive relief | 26373 |
| upon a showing that the person against whom the action is brought | 26374 |
| has violated or is violating that division. | 26375 |
| Upon a finding of a violation, the court shall assess a civil | 26376 |
| penalty of not more than one thousand dollars for each day of each | 26377 |
| violation if the violator is an individual who took or diverted | 26378 |
| the water in question for residential or agricultural use. The | 26379 |
| court shall assess a civil penalty of not more than five thousand | 26380 |
| dollars for each day of each violation if the violator is any | 26381 |
| other person who took or diverted the water in question for | 26382 |
| industrial or commercial use excluding agricultural use. Moneys | 26383 |
| from civil penalties assessed under this division shall be paid | 26384 |
| into the state treasury to the credit of the canal lands fund | 26385 |
| created in section 1520.05 of the Revised Code. | 26386 |
| Any action under this division is a civil action, governed by | 26387 |
| the rules of civil procedure and other rules of practice and | 26388 |
| procedure applicable to civil actions. | 26389 |
| (F) As used in this section, "person" means any agency of | 26390 |
| this state, any political subdivision of this state or of the | 26391 |
| United States, or any legal entity defined as a person under | 26392 |
| section 1.59 of the Revised Code. | 26393 |
| Sec. 1521.03. The chief of the division of soil and water | 26394 |
| resources shall do all of the following: | 26395 |
| (A) Assist in an advisory capacity any properly constituted | 26396 |
| watershed district, conservancy district, or soil and water | 26397 |
| conservation district or any county, municipal corporation, or | 26398 |
| other government agency of the state in the planning of works for | 26399 |
| ground water recharge, flood mitigation, floodplain management, | 26400 |
| flood control, flow capacity and stability of streams, rivers, and | 26401 |
| watercourses, or the establishment of water conservation | 26402 |
| practices, within the limits of the appropriations for those | 26403 |
| purposes; | 26404 |
| (B) Have authority to conduct basic inventories of the water | 26405 |
| and related natural resources in each drainage basin in the state; | 26406 |
| to develop a plan on a watershed basis that will recognize the | 26407 |
| variety of uses to which water may be put and the need for its | 26408 |
| management for those uses; with the approval of the director of | 26409 |
| natural resources and the controlling board, to transfer | 26410 |
| appropriated or other funds, authorized for those inventories and | 26411 |
| plan, to any division of the department of natural resources or | 26412 |
| other state agencies for the purpose of developing pertinent data | 26413 |
| relating to the plan of water management; and to accept and expend | 26414 |
| moneys contributed by any person for implementing the development | 26415 |
| of the plan; | 26416 |
| (C) Have authority to make detailed investigations of all | 26417 |
| factors relating to floods, floodplain management, and flood | 26418 |
| control in the state with particular attention to those factors | 26419 |
| bearing upon the hydraulic and hydrologic characteristics of | 26420 |
| rivers, streams, and watercourses, recognizing the variety of uses | 26421 |
| to which water and watercourses may be put; | 26422 |
| (D) Cooperate with the United States or any agency thereof | 26423 |
| and with any political subdivision of the state in planning and | 26424 |
| constructing flood control works; | 26425 |
| (E) Hold meetings or public hearings, whichever is considered | 26426 |
| appropriate by the chief, to assist in the resolution of conflicts | 26427 |
| between ground water users. Such meetings or hearings shall be | 26428 |
| called upon written request from boards of health of city or | 26429 |
| general health districts created by or under the authority of | 26430 |
| Chapter 3709. of the Revised Code or authorities having the duties | 26431 |
| of a board of health as authorized by section 3709.05 of the | 26432 |
| Revised Code, boards of county commissioners, boards of township | 26433 |
| trustees, legislative authorities of municipal corporations, or | 26434 |
| boards of directors of conservancy districts and may be called by | 26435 |
| the chief upon the request of any other person or at the chief's | 26436 |
| discretion. The chief shall collect and present at such meetings | 26437 |
| or hearings the available technical information relevant to the | 26438 |
| conflicts and to the ground water resource. The chief shall | 26439 |
| prepare a report, and may make recommendations, based upon the | 26440 |
| available technical data and the record of the meetings or | 26441 |
| hearings, about the use of the ground water resource. In making | 26442 |
| the report and any recommendations, the chief also may consider | 26443 |
| the factors listed in division (B) of section 1521.17 of the | 26444 |
| Revised Code. The technical information presented, the report | 26445 |
| prepared, and any recommendations made under this division shall | 26446 |
| be presumed to be prima-facie authentic and admissible as evidence | 26447 |
| in any court pursuant to Evidence Rule 902. | 26448 |
| (F) Perform stream or ground water gauging and may contract | 26449 |
| with the United States government or any other agency for the | 26450 |
| gauging of any streams or ground water within the state; | 26451 |
| (G) Primarily with regard to water quantity, have authority | 26452 |
| to collect, study, map, and interpret all available information, | 26453 |
| statistics, and data pertaining to the availability, supply, use, | 26454 |
| conservation, and replenishment of the ground and surface waters | 26455 |
| in the state in coordination with other agencies of this state; | 26456 |
| (H) Primarily with regard to water quantity and availability, | 26457 |
| be authorized to cooperate with and negotiate for the state with | 26458 |
| any agency of the United States government, of this state, or of | 26459 |
| any other state pertaining to the water resources of the state; | 26460 |
| (I) Provide engineering support for the coastal management | 26461 |
| program established under Chapter 1506. of the Revised Code. | 26462 |
| Sec. 1521.031. There is hereby created in the department of | 26463 |
| natural resources the Ohio water advisory council. The council | 26464 |
| shall consist of seven members appointed by the governor with the | 26465 |
| advice and consent of the senate. No more than four of the members | 26466 |
| shall be of the same political party. Members shall be persons who | 26467 |
| have a demonstrated interest in water management and whose | 26468 |
| expertise reflects the various responsibilities of the division of | 26469 |
| soil and water resources under this chapter and Chapter 1523. of | 26470 |
| the Revised Code, including, but not limited to, dam safety, | 26471 |
| surface water, groundwater, and flood plain management. The chief | 26472 |
| of the division of soil and water resources may participate in the | 26473 |
| deliberations of the council, but shall not vote. | 26474 |
| Terms of office of members shall be for two years commencing | 26475 |
| on the second day of February and ending on the first day of | 26476 |
| February. Each member shall hold office from the date of | 26477 |
|
appointment until the end of the term for which | 26478 |
| The governor may remove any member at any time for inefficiency, | 26479 |
| neglect of duty, or malfeasance in office. In the event of the | 26480 |
| death, removal, resignation, or incapacity of any member, the | 26481 |
| governor, with the advice and consent of the senate, shall appoint | 26482 |
| a successor to hold office for the remainder of the term for which | 26483 |
| 26484 | |
|
continue in office following the expiration date of | 26485 |
|
member's term
until | 26486 |
| until sixty days have elapsed, whichever occurs first. Membership | 26487 |
| on the council does not constitute holding a public office or | 26488 |
| position of employment under the Revised Code and is not grounds | 26489 |
| for removal of public officers or employees from their offices or | 26490 |
| positions of employment. | 26491 |
| The council annually shall select from its members a
| 26492 |
| chairperson and a | 26493 |
| shall hold at least one meeting each calendar quarter and shall | 26494 |
| keep a record of its proceedings, which shall be open to the | 26495 |
| public for inspection. Special meetings may be called by the | 26496 |
| 26497 | |
| of two or more members. A majority of the members constitutes a | 26498 |
| quorum. The division shall furnish clerical, technical, legal, and | 26499 |
| other services required by the council in the performance of its | 26500 |
| duties. | 26501 |
| Members shall receive no compensation, but shall be | 26502 |
| reimbursed from the appropriations for the division for the actual | 26503 |
| and necessary expenses incurred by them in the performance of | 26504 |
| their official duties. | 26505 |
| The council shall: | 26506 |
| (A) Advise the chief of the division of soil and water | 26507 |
| resources in carrying out the duties of the division under this | 26508 |
| chapter and Chapter 1523. of the Revised Code; | 26509 |
| (B) Recommend such policy and legislation with respect to | 26510 |
| water management and conservation as will promote the economic, | 26511 |
| industrial, and social development of the state while minimizing | 26512 |
| threats to the state's natural environment; | 26513 |
| (C) Review and make recommendations on the development of | 26514 |
| plans and programs for long-term, comprehensive water management | 26515 |
| throughout the state; and | 26516 |
| (D) Recommend ways to enhance cooperation among governmental | 26517 |
| agencies having an interest in water to encourage wise use and | 26518 |
| protection of the state's ground and surface waters. To this end, | 26519 |
| the council shall request nonvoting representation from | 26520 |
| appropriate governmental agencies. | 26521 |
| Sec. 1521.04. The chief of the division of soil and water | 26522 |
| resources, with the approval of the director of natural resources, | 26523 |
| may make loans and grants from the water management fund created | 26524 |
| in section 1501.32 of the Revised Code to governmental agencies | 26525 |
| for water management, water supply improvements, and planning and | 26526 |
| may administer grants from the federal government and from other | 26527 |
| public or private sources for carrying out those functions and for | 26528 |
| the performance of any acts that may be required by the United | 26529 |
| States or by any agency or department thereof as a condition for | 26530 |
| the participation by any governmental agency in any federal | 26531 |
| financial or technical assistance program. Direct and indirect | 26532 |
| costs of administration may be paid from the fund. | 26533 |
| The chief may use the water management fund for the purposes | 26534 |
| of administering the water diversion and consumptive use permit | 26535 |
| programs established in sections 1501.30 to 1501.35 of the Revised | 26536 |
| Code; to perform watershed and water resources studies for the | 26537 |
| purposes of water management planning; and to acquire, construct, | 26538 |
| reconstruct, improve, equip, maintain, operate, and dispose of | 26539 |
| water management improvements. The chief may fix, alter, charge, | 26540 |
| and collect rates, fees, rentals, and other charges to be paid | 26541 |
| into the fund by governmental agencies and persons who are | 26542 |
| supplied with water by facilities constructed or operated by the | 26543 |
| department of natural resources in order to amortize and defray | 26544 |
| the cost of the construction, maintenance, and operation of those | 26545 |
| facilities. | 26546 |
| Sec. 1521.05. (A) As used in this section: | 26547 |
| (1) "Construct" or "construction" includes drilling, boring, | 26548 |
| digging, deepening, altering, and logging. | 26549 |
| (2) "Altering" means changing the configuration of a well, | 26550 |
| including, without limitation, deepening a well, extending or | 26551 |
| replacing any portion of the inside or outside casing or wall of a | 26552 |
| well that extends below ground level, plugging a portion of a well | 26553 |
| back to a certain depth, and reaming out a well to enlarge its | 26554 |
| original diameter. | 26555 |
| (3) "Logging" means describing the lithology, grain size, | 26556 |
| color, and texture of the formations encountered during the | 26557 |
| drilling, boring, digging, deepening, or altering of a well. | 26558 |
| (4) "Grouting" means neat cement; bentonite products in | 26559 |
| slurry, granular, or pelletized form, excluding drilling mud or | 26560 |
| fluids; or any combination of neat cement and bentonite products | 26561 |
| that is placed within a well to seal the annular space or to seal | 26562 |
| an abandoned well and that is impervious to and capable of | 26563 |
| preventing the movement of water. | 26564 |
| (5) "Abandoned well" means a well whose use has been | 26565 |
| permanently discontinued and that poses potential health and | 26566 |
| safety hazards or that has the potential to transmit surface | 26567 |
| contaminants into the aquifer in which the well has been | 26568 |
| constructed. | 26569 |
| (6) "Sealing" means the complete filling of an abandoned well | 26570 |
| with grouting or other approved materials in order to permanently | 26571 |
| prevent the vertical movement of water in the well and thus | 26572 |
| prevent the contamination of ground water or the intermixing of | 26573 |
| water between aquifers. | 26574 |
| (B) Any person that constructs a well shall keep a careful | 26575 |
| and accurate log of the construction of the well. The log shall | 26576 |
| show all of the following: | 26577 |
| (1) The character, including, without limitation, the | 26578 |
| lithology, color, texture, and grain size, the name, if known, and | 26579 |
| the depth of all formations passed through or encountered; | 26580 |
| (2) The depths at which water is encountered; | 26581 |
| (3) The static water level of the completed well; | 26582 |
| (4) A copy of the record of all pumping tests and analyses | 26583 |
| related to those tests, if any; | 26584 |
| (5) Construction details, including lengths, diameters, and | 26585 |
| thicknesses of casing and screening and the volume, type of | 26586 |
| material, and method of introducing gravel packing and grouting | 26587 |
| into the well; | 26588 |
| (6) The type of pumping equipment installed, if any; | 26589 |
| (7) The name of the owner of the well, the address of the | 26590 |
| location where the well was constructed, and either the state | 26591 |
| plane coordinates or the latitude and longitude of the well; | 26592 |
| (8) The signature of the individual who constructed the well | 26593 |
| and filed the well log; | 26594 |
| (9) Any other information required by the chief of the | 26595 |
| division of soil and water resources. | 26596 |
| The log shall be | 26597 |
| and water resources within thirty days after the completion of | 26598 |
| construction of the well on forms prescribed and prepared by the | 26599 |
| division. The log shall be kept on file by the division. | 26600 |
| (C) Any person that seals a well shall keep a careful and | 26601 |
| accurate report of the sealing of the well. The sealing report | 26602 |
| shall show all of the following: | 26603 |
| (1) The name of the owner of the well, the address of the | 26604 |
| location where the well was constructed, and either the state | 26605 |
| plane coordinates or the latitude and longitude of the well; | 26606 |
| (2) The depth of the well, the size and length of its casing, | 26607 |
| and the static water level of the well; | 26608 |
| (3) The sealing procedures, including the volume and type of | 26609 |
| sealing material or materials and the method and depth of | 26610 |
| placement of each material; | 26611 |
| (4) The date on which the sealing was performed; | 26612 |
| (5) The signature of the individual who sealed the well and | 26613 |
| filed the sealing report; | 26614 |
| (6) Any other information required by the chief. | 26615 |
|
The sealing report shall be | 26616 |
| division within thirty days after the completion of the sealing of | 26617 |
| the well on forms prescribed and prepared by the division. | 26618 |
| (D) In accordance with Chapter 119. of the Revised Code, the | 26619 |
| chief may adopt, amend, and rescind rules requiring other persons | 26620 |
| that are involved in the construction or subsequent development of | 26621 |
| a well to submit well logs under division (B) of this section | 26622 |
| containing any or all of the information specified in divisions | 26623 |
| (B)(1) to (9) of this section and specifying additional | 26624 |
| information to be included in sealing reports required under | 26625 |
| division (C) of this section. The chief shall adopt rules | 26626 |
| establishing procedures and requirements governing the payment and | 26627 |
| collection of water well log filing fees, including the amount of | 26628 |
| any filing fee to be imposed as an alternative to the | 26629 |
| twenty-dollar filing fee established in division (G) of this | 26630 |
| section and including procedures for the quarterly transfer of | 26631 |
| filing fees by boards of health and the director of environmental | 26632 |
| protection under that division. | 26633 |
| (E)(1) No person shall fail to keep and | 26634 |
| log or a sealing report as required by this section. | 26635 |
| (2) No person shall make a false statement in any well log or | 26636 |
|
sealing report
required to be kept and | 26637 |
| section. Violation of division (E)(2) of this section is | 26638 |
| falsification under section 2921.13 of the Revised Code. | 26639 |
| (F) For the purposes of prosecution of a violation of | 26640 |
| division (E)(1) of this section, a prima-facie case is established | 26641 |
| when the division obtains either of the following: | 26642 |
| (1) A certified copy of a permit for a private water system | 26643 |
| issued in accordance with rules adopted under section 3701.344 of | 26644 |
| the Revised Code, or a certified copy of the invoice or a canceled | 26645 |
| check from the owner of a well indicating the construction or | 26646 |
| sealing services performed; | 26647 |
| (2) A certified copy of any permit issued under Chapter 3734. | 26648 |
| or 6111. of the Revised Code or plan approval granted under | 26649 |
| Chapter 6109. of the Revised Code for any activity that includes | 26650 |
| the construction or sealing of a well as applicable. | 26651 |
| (G) In accordance with rules adopted under this section, a | 26652 |
| person or entity that constructs a well for the purpose of | 26653 |
| extracting potable water as part of a private water system that | 26654 |
| is subject to rules adopted under section 3701.344 of the Revised | 26655 |
| Code or a public water system that is required to be licensed | 26656 |
| under Chapter 6109. of the Revised Code shall pay a well log | 26657 |
| filing fee of twenty dollars per well log or, if the chief has | 26658 |
| adopted rules establishing an alternative fee amount, the fee | 26659 |
| amount established under rules. The fee shall be collected by a | 26660 |
| board of health under section 3701.344 of the Revised Code or the | 26661 |
| environmental protection agency under section 6109.22 of the | 26662 |
| Revised Code, as applicable. | 26663 |
| Each calendar quarter, a board of health or the environmental | 26664 |
| protection agency, as applicable, shall forward all well log | 26665 |
| filing fees collected during the previous calendar quarter to the | 26666 |
| division of soil and water resources. The fees shall be forwarded | 26667 |
| in accordance with procedures established in rules adopted under | 26668 |
| this section. | 26669 |
| Proceeds of well log filing fees shall be used by the | 26670 |
| division of soil and water resources for the purposes of | 26671 |
| acquiring, maintaining, and dispensing digital and paper records | 26672 |
| of well logs that are filed with the division. | 26673 |
| Sec. 1521.06. (A) No dam may be constructed for the purpose | 26674 |
| of storing, conserving, or retarding water, or for any other | 26675 |
| purpose, nor shall any levee be constructed for the purpose of | 26676 |
| diverting or retaining flood water, unless the person or | 26677 |
| governmental agency desiring the construction has a construction | 26678 |
| permit for the dam or levee issued by the chief of the division of | 26679 |
| soil and water resources. | 26680 |
| A construction permit is not required under this section for: | 26681 |
| (1) A dam that is or will be less than ten feet in height and | 26682 |
| that has or will have a storage capacity of not more than fifty | 26683 |
| acre-feet at the elevation of the top of the dam, as determined by | 26684 |
| the chief. For the purposes of this section, the height of a dam | 26685 |
| shall be measured from the natural stream bed or lowest ground | 26686 |
| elevation at the downstream or outside limit of the dam to the | 26687 |
| elevation of the top of the dam. | 26688 |
| (2) A dam, regardless of height, that has or will have a | 26689 |
| storage capacity of not more than fifteen acre-feet at the | 26690 |
| elevation of the top of the dam, as determined by the chief; | 26691 |
| (3) A dam, regardless of storage capacity, that is or will be | 26692 |
| six feet or less in height, as determined by the chief; | 26693 |
| (4) A dam or levee that belongs to a class exempted by the | 26694 |
| chief; | 26695 |
| (5) The repair, maintenance, improvement, alteration, or | 26696 |
| removal of a dam or levee that is subject to section 1521.062 of | 26697 |
| the Revised Code, unless the construction constitutes an | 26698 |
| enlargement or reconstruction of the structure as determined by | 26699 |
| the chief; | 26700 |
| (6) A dam or impoundment constructed under Chapter 1513. of | 26701 |
| the Revised Code. | 26702 |
| (B) Before a construction permit may be issued, three copies | 26703 |
| of the plans and specifications, including a detailed cost | 26704 |
| estimate, for the proposed construction, prepared by a registered | 26705 |
| professional engineer, together with the filing fee specified by | 26706 |
| this section and the bond or other security required by section | 26707 |
| 1521.061 of the Revised Code, shall be filed with the chief. The | 26708 |
| detailed estimate of the cost shall include all costs associated | 26709 |
| with the construction of the dam or levee, including supervision | 26710 |
| and inspection of the construction by a registered professional | 26711 |
| engineer. The filing fee shall be based on the detailed cost | 26712 |
| estimate for the proposed construction as filed with and approved | 26713 |
| by the chief, and shall be determined by the following schedule | 26714 |
| unless otherwise provided by rules adopted under this section: | 26715 |
| (1) For the first one hundred thousand dollars of estimated | 26716 |
| cost, a fee of four per cent; | 26717 |
| (2) For the next four hundred thousand dollars of estimated | 26718 |
| cost, a fee of three per cent; | 26719 |
| (3) For the next five hundred thousand dollars of estimated | 26720 |
| cost, a fee of two per cent; | 26721 |
| (4) For all costs in excess of one million dollars, a fee of | 26722 |
| one-half of one per cent. | 26723 |
| In no case shall the filing fee be less than one thousand | 26724 |
| five hundred dollars or more than | 26725 |
| dollars. If the actual cost exceeds the estimated cost by more | 26726 |
| than fifteen per cent, an additional filing fee shall be required | 26727 |
| equal to the fee determined by the preceding schedule less the | 26728 |
| original filing fee. All fees collected pursuant to this section, | 26729 |
| and all fines collected pursuant to section 1521.99 of the Revised | 26730 |
| Code, shall be deposited in the state treasury to the credit of | 26731 |
| the dam safety fund, which is hereby created. Expenditures from | 26732 |
| the fund shall be made by the chief for the purpose of | 26733 |
| administering this section and sections 1521.061 and 1521.062 of | 26734 |
| the Revised Code. | 26735 |
| (C) The chief shall, within thirty days from the date of the | 26736 |
| receipt of the application, fee, and bond or other security, issue | 26737 |
| or deny a construction permit for the construction or may issue a | 26738 |
| construction permit conditioned upon the making of such changes in | 26739 |
| the plans and specifications for the construction as the chief | 26740 |
| considers advisable if the chief determines that the construction | 26741 |
| of the proposed dam or levee, in accordance with the plans and | 26742 |
| specifications filed, would endanger life, health, or property. | 26743 |
| (D) The chief may deny a construction permit after finding | 26744 |
| that a dam or levee built in accordance with the plans and | 26745 |
| specifications would endanger life, health, or property, because | 26746 |
| of improper or inadequate design, or for such other reasons as the | 26747 |
| chief may determine. | 26748 |
| In the event the chief denies a permit for the construction | 26749 |
| of the dam or levee, or issues a permit conditioned upon a making | 26750 |
| of changes in the plans or specifications for the construction, | 26751 |
| the chief shall state the reasons therefor and so notify, in | 26752 |
| writing, the person or governmental agency making the application | 26753 |
| for a permit. If the permit is denied, the chief shall return the | 26754 |
| bond or other security to the person or governmental agency making | 26755 |
| application for the permit. | 26756 |
| The decision of the chief conditioning or denying a | 26757 |
| construction permit is subject to appeal as provided in Chapter | 26758 |
| 119. of the Revised Code. A dam or levee built substantially at | 26759 |
| variance from the plans and specifications upon which a | 26760 |
| construction permit was issued is in violation of this section. | 26761 |
| The chief may at any time inspect any dam or levee, or site upon | 26762 |
| which any dam or levee is to be constructed, in order to determine | 26763 |
| whether it complies with this section. | 26764 |
| (E) A registered professional engineer shall inspect the | 26765 |
| construction for which the permit was issued during all phases of | 26766 |
| construction and shall furnish to the chief such regular reports | 26767 |
| of the engineer's inspections as the chief may require. When the | 26768 |
| chief finds that construction has been fully completed in | 26769 |
| accordance with the terms of the permit and the plans and | 26770 |
| specifications approved by the chief, the chief shall approve the | 26771 |
| construction. When one year has elapsed after approval of the | 26772 |
| completed construction, and the chief finds that within this | 26773 |
| period no fact has become apparent to indicate that the | 26774 |
| construction was not performed in accordance with the terms of the | 26775 |
| permit and the plans and specifications approved by the chief, or | 26776 |
| that the construction as performed would endanger life, health, or | 26777 |
| property, the chief shall release the bond or other security. No | 26778 |
| bond or other security shall be released until one year after | 26779 |
| final approval by the chief, unless the dam or levee has been | 26780 |
| modified so that it will not retain water and has been approved as | 26781 |
| nonhazardous after determination by the chief that the dam or | 26782 |
| levee as modified will not endanger life, health, or property. | 26783 |
| (F) When inspections required by this section are not being | 26784 |
| performed, the chief shall notify the person or governmental | 26785 |
| agency to which the permit has been issued that inspections are | 26786 |
| not being performed by the registered professional engineer and | 26787 |
| that the chief will inspect the remainder of the construction. | 26788 |
| Thereafter, the chief shall inspect the construction and the cost | 26789 |
| of inspection shall be charged against the owner. Failure of the | 26790 |
| registered professional engineer to submit required inspection | 26791 |
| reports shall be deemed notice that the engineer's inspections are | 26792 |
| not being performed. | 26793 |
| (G) The chief may order construction to cease on any dam or | 26794 |
| levee that is being built in violation of this section, and may | 26795 |
| prohibit the retention of water behind any dam or levee that has | 26796 |
| been built in violation of this section. The attorney general, | 26797 |
| upon written request of the chief, may bring an action for an | 26798 |
| injunction against any person who violates this section or to | 26799 |
| enforce an order or prohibition of the chief made pursuant to this | 26800 |
| section. | 26801 |
| (H) The chief may adopt rules in accordance with Chapter 119. | 26802 |
| of the Revised Code, for the design and construction of dams and | 26803 |
| levees for which a construction permit is required by this section | 26804 |
| or for which periodic inspection is required by section 1521.062 | 26805 |
| of the Revised Code, for establishing a filing fee schedule in | 26806 |
| lieu of the schedule established under division (B) of this | 26807 |
| section and for establishing the minimum and maximum amounts of a | 26808 |
| filing fee in lieu of the amounts established in that division, | 26809 |
| for deposit and forfeiture of bonds and other securities required | 26810 |
| by section 1521.061 of the Revised Code, for the periodic | 26811 |
| inspection, operation, repair, improvement, alteration, or removal | 26812 |
| of all dams and levees, as specified in section 1521.062 of the | 26813 |
| Revised Code, and for establishing classes of dams or levees that | 26814 |
| are exempt from the requirements of this section and section | 26815 |
| 1521.062 of the Revised Code as being of a size, purpose, or | 26816 |
| situation that does not present a substantial hazard to life, | 26817 |
| health, or property. The chief may, by rule, limit the period | 26818 |
| during which a construction permit issued under this section is | 26819 |
| valid. The rules may allow for the extension of the period during | 26820 |
| which a permit is valid upon written request, provided that the | 26821 |
| written request includes a revised construction cost estimate, and | 26822 |
| may require the payment of an additional filing fee for the | 26823 |
| requested extension. If a construction permit expires without an | 26824 |
| extension before construction is completed, the person or agency | 26825 |
| shall apply for a new permit, and shall not continue construction | 26826 |
| until the new permit is issued. | 26827 |
| Sec. 1521.061. Except as otherwise provided in this section, | 26828 |
| a construction permit shall not be issued under section 1521.06 of | 26829 |
| the Revised Code unless the person or governmental agency applying | 26830 |
| for the permit executes and files a surety bond conditioned on | 26831 |
| completion of the dam or levee in accordance with the terms of | 26832 |
| the permit and the plans and specifications approved by the chief | 26833 |
| of the division of soil and water resources, in an amount equal | 26834 |
| to fifty per cent of the estimated cost of the project. | 26835 |
| If a permittee requests an extension of the time period | 26836 |
| during which a construction permit is valid in accordance with | 26837 |
| rules adopted under section 1521.06 of the Revised Code, the chief | 26838 |
| shall determine whether the revised construction cost estimate | 26839 |
| provided with the request exceeds the original construction cost | 26840 |
| estimate that was filed with the chief by more than twenty-five | 26841 |
| per cent. If the revised construction cost estimate exceeds the | 26842 |
| original construction cost estimate by more than twenty-five per | 26843 |
| cent, the chief may require an additional surety bond to be filed | 26844 |
| so that the total amount of the surety bonds equals at least fifty | 26845 |
| per cent of the revised construction cost estimate. | 26846 |
| The chief shall not approve any bond until it is personally | 26847 |
| signed and acknowledged by both principal and surety, or as to | 26848 |
| either by the attorney in fact thereof, with a certified copy of | 26849 |
| the power of attorney attached. The chief shall not approve the | 26850 |
| bond unless there is attached a certificate of the superintendent | 26851 |
| of insurance that the company is authorized to transact a fidelity | 26852 |
| and surety business in this state. | 26853 |
| All bonds shall be given in a form prescribed by the chief | 26854 |
| and shall run to the state as obligee. | 26855 |
| The applicant may deposit, in lieu of a bond, cash in an | 26856 |
| amount equal to the amount of the bond or United States government | 26857 |
| securities or negotiable certificates of deposit issued by any | 26858 |
| bank organized or transacting business in this state having a par | 26859 |
| value equal to or greater than the amount of the bond. Such cash | 26860 |
| or securities shall be deposited upon the same terms as bonds. If | 26861 |
| one or more certificates of deposit are deposited in lieu of a | 26862 |
| bond, the chief shall require the bank that issued any such | 26863 |
| certificate to pledge securities of the aggregate market value | 26864 |
| equal to the amount of the certificate that is in excess of the | 26865 |
| amount insured by the federal deposit insurance corporation. The | 26866 |
| securities to be pledged shall be those designated as eligible | 26867 |
| under section 135.18 of the Revised Code. The securities shall be | 26868 |
| security for the repayment of the certificate of deposit. | 26869 |
| Immediately upon a deposit of cash, securities, or | 26870 |
| certificates of deposit, the chief shall deliver them to the | 26871 |
| treasurer of state, who shall hold them in trust for the purposes | 26872 |
| for which they have been deposited. The treasurer of state is | 26873 |
| responsible for the safekeeping of such deposits. An applicant | 26874 |
| making a deposit of cash, securities, or certificates of deposit | 26875 |
| may withdraw and receive from the treasurer of state, on the | 26876 |
| written order of the chief, all or any portion of the cash, | 26877 |
| securities, or certificates of deposit, upon depositing with the | 26878 |
| treasurer of state cash, other United States government | 26879 |
| securities, or negotiable certificates of deposit issued by any | 26880 |
| bank organized or transacting business in this state equal in par | 26881 |
| value to the par value of the cash, securities, or certificates of | 26882 |
| deposit withdrawn. An applicant may demand and receive from the | 26883 |
| treasurer of state all interest or other income from any such | 26884 |
| securities or certificates as it becomes due. If securities so | 26885 |
| deposited with and in the possession of the treasurer of state | 26886 |
| mature or are called for payment by the issuer thereof, the | 26887 |
| treasurer of state, at the request of the applicant who deposited | 26888 |
| them, shall convert the proceeds of the redemption or payment of | 26889 |
| the securities into such other United States government | 26890 |
| securities, negotiable certificates of deposit issued by any bank | 26891 |
| organized or transacting business in this state, or cash as the | 26892 |
| applicant designates. | 26893 |
| When the chief finds that a person or governmental agency has | 26894 |
| failed to comply with the conditions of the person's or agency's | 26895 |
| bond, the chief shall make a finding of that fact and declare the | 26896 |
| bond, cash, securities, or certificates of deposit forfeited in | 26897 |
| the amount set by rule of the chief. The chief shall thereupon | 26898 |
| certify the total forfeiture to the attorney general, who shall | 26899 |
| proceed to collect that amount. | 26900 |
| In lieu of total forfeiture, the surety, at its option, may | 26901 |
| cause the dam or levee to be completed as required by section | 26902 |
| 1521.06 of the Revised Code and rules of the chief, or otherwise | 26903 |
| rendered nonhazardous, or pay to the treasurer of state the cost | 26904 |
| thereof. | 26905 |
| All moneys collected on account of forfeitures of bonds, | 26906 |
| cash, securities, and certificates of deposit under this section | 26907 |
| shall be credited to the dam safety fund created in section | 26908 |
| 1521.06 of the Revised Code. The chief shall make expenditures | 26909 |
| from the fund to complete dams and levees for which bonds have | 26910 |
| been forfeited or to otherwise render them nonhazardous. | 26911 |
| Expenditures from the fund for those purposes shall be made | 26912 |
| pursuant to contracts entered into by the chief with persons who | 26913 |
| agree to furnish all of the materials, equipment, work, and labor | 26914 |
| as specified and provided in the contract. | 26915 |
| A surety bond shall not be required for a permit for a dam or | 26916 |
| levee that is to be designed and constructed by an agency of the | 26917 |
| United States government, if the agency files with the chief | 26918 |
| written assurance of the agency's financial responsibility for the | 26919 |
| structure during the one-year period following the chief's | 26920 |
| approval of the completed construction provided for under division | 26921 |
| (E) of section 1521.06 of the Revised Code. | 26922 |
| Sec. 1521.062. (A) All dams and levees constructed in this | 26923 |
| state and not exempted by this section or by the chief of the | 26924 |
| division of soil and water resources under section 1521.06 of the | 26925 |
| Revised Code shall be inspected periodically by the chief, except | 26926 |
| for classes of dams that, in accordance with rules adopted under | 26927 |
| this section, are required to be inspected by registered | 26928 |
| professional engineers who have been approved for that purpose by | 26929 |
| the chief. The inspection shall ensure that continued operation | 26930 |
| and use of the dam or levee does not constitute a hazard to life, | 26931 |
| health, or property. Periodic inspections shall not be required of | 26932 |
| the following structures: | 26933 |
| (1) A dam that is less than ten feet in height and has a | 26934 |
| storage capacity of not more than fifty acre-feet at the elevation | 26935 |
| of the top of the dam, as determined by the chief. For the | 26936 |
| purposes of this section, the height of a dam shall be measured | 26937 |
| from the natural stream bed or lowest ground elevation at the | 26938 |
| downstream or outside limit of the dam to the elevation of the top | 26939 |
| of the dam. | 26940 |
| (2) A dam, regardless of height, that has a storage capacity | 26941 |
| of not more than fifteen acre-feet at the elevation of the top of | 26942 |
| the dam, as determined by the chief; | 26943 |
| (3) A dam, regardless of storage capacity, that is six feet | 26944 |
| or less in height, as determined by the chief; | 26945 |
| (4) A dam or levee belonging to a class exempted by the | 26946 |
| chief; | 26947 |
| (5) A dam or levee that has been exempted in accordance with | 26948 |
| rules adopted under section 1521.064 of the Revised Code. | 26949 |
| (B) In accordance with rules adopted under this section, the | 26950 |
| owner of a dam that is in a class of dams that is designated in | 26951 |
| the rules for inspection by registered professional engineers | 26952 |
| shall obtain the services of a registered professional engineer | 26953 |
| who has been approved by the chief to conduct the periodic | 26954 |
| inspection of dams pursuant to schedules and other standards and | 26955 |
| procedures established in the rules. The registered professional | 26956 |
| engineer shall prepare a report of the inspection in accordance | 26957 |
| with the rules and provide the inspection report to the dam owner | 26958 |
| who shall submit it to the chief. A dam that is designated under | 26959 |
| the rules for inspection by a registered professional engineer, | 26960 |
| but that is not inspected within a five-year period may be | 26961 |
| inspected by the chief at the owner's expense. | 26962 |
| (C) Intervals between periodic inspections shall be | 26963 |
| determined by the chief, but shall not exceed five years. | 26964 |
| (D) In the case of a dam or levee that the chief inspects, | 26965 |
| the chief shall furnish a report of the inspection to the owner of | 26966 |
| the dam or levee. With regard to a dam or levee that has been | 26967 |
| inspected, either by the chief or by a registered professional | 26968 |
| engineer, and that is the subject of an inspection report prepared | 26969 |
| or received by the chief, the chief shall inform the owner of any | 26970 |
| required repairs, maintenance, investigations, and other remedial | 26971 |
| and operational measures. The chief shall order the owner to | 26972 |
| perform such repairs, maintenance, investigations, or other | 26973 |
| remedial or operational measures as the chief considers necessary | 26974 |
| to safeguard life, health, or property. The order shall permit the | 26975 |
| owner a reasonable time in which to perform the needed repairs, | 26976 |
| maintenance, investigations, or other remedial measures, and the | 26977 |
| cost thereof shall be borne by the owner. All orders of the chief | 26978 |
| are subject to appeal as provided in Chapter 119. of the Revised | 26979 |
| Code. The attorney general, upon written request of the chief, may | 26980 |
| bring an action for an injunction against any person who violates | 26981 |
| this section or to enforce an order of the chief made pursuant to | 26982 |
| this section. | 26983 |
| (E) The owner of a dam or levee shall monitor, maintain, and | 26984 |
| operate the structure and its appurtenances safely in accordance | 26985 |
| with state rules, terms and conditions of permits, orders, and | 26986 |
| other requirements issued pursuant to this section or section | 26987 |
| 1521.06 of the Revised Code. The owner shall fully and promptly | 26988 |
| notify the division of soil and water resources and other | 26989 |
| responsible authorities of any condition that threatens the safety | 26990 |
| of the structure and shall take all necessary actions to safeguard | 26991 |
| life, health, and property. | 26992 |
| (F) Before commencing the repair, improvement, alteration, or | 26993 |
| removal of a dam or levee, the owner shall file an application | 26994 |
| including plans, specifications, and other required information | 26995 |
| with the division and shall secure written approval of the | 26996 |
| application by the chief. Emergency actions by the owner required | 26997 |
| to safeguard life, health, or property are exempt from this | 26998 |
| requirement. The chief may, by rule, define maintenance, repairs, | 26999 |
| or other remedial measures of a routine nature that are exempt | 27000 |
| from this requirement. | 27001 |
| (G) The chief may remove or correct, at the expense of the | 27002 |
| owner, any unsafe structures found to be constructed or maintained | 27003 |
| in violation of this section or section 1521.06 of the Revised | 27004 |
| Code. In the case of an owner other than a governmental agency, | 27005 |
| the cost of removal or correction of any unsafe structure, | 27006 |
| together with a description of the property on which the unsafe | 27007 |
| structure is located, shall be certified by the chief to the | 27008 |
| county auditor and placed by the county auditor upon the tax | 27009 |
| duplicate. This cost is a lien upon the lands from the date of | 27010 |
| entry and shall be collected as other taxes and returned to the | 27011 |
| division. In the case of an owner that is a governmental agency, | 27012 |
| the cost of removal or correction of any unsafe structure shall be | 27013 |
| recoverable from the owner by appropriate action in a court of | 27014 |
| competent jurisdiction. | 27015 |
| (H) If the condition of any dam or levee is found, in the | 27016 |
| judgment of the chief, to be so dangerous to the safety of life, | 27017 |
| health, or property as not to permit time for the issuance and | 27018 |
| enforcement of an order relative to repair, maintenance, or | 27019 |
| operation, the chief shall employ any of the following remedial | 27020 |
| means necessary to protect life, health, and property: | 27021 |
| (1) Lower the water level of the lake or reservoir by | 27022 |
| releasing water; | 27023 |
| (2) Completely drain the lake or reservoir; | 27024 |
| (3) Take such other measures or actions as the chief | 27025 |
| considers necessary to safeguard life, health, and property. | 27026 |
| The chief shall continue in full charge and control of the | 27027 |
| dam or levee until the structure is rendered safe. The cost of the | 27028 |
| remedy shall be recoverable from the owner of the structure by | 27029 |
| appropriate action in a court of competent jurisdiction. | 27030 |
| (I) The chief may accept and expend gifts, bequests, and | 27031 |
| grants from the United States government or from any other public | 27032 |
| or private source and may contract with the United States | 27033 |
| government or any other agency or entity for the purpose of | 27034 |
| carrying out the dam safety functions set forth in this section | 27035 |
| and section 1521.06 of the Revised Code. | 27036 |
| (J) In accordance with Chapter 119. of the Revised Code, the | 27037 |
| chief may adopt, and may amend or rescind, rules that do all of | 27038 |
| the following: | 27039 |
| (1) Designate classes of dams for which dam owners must | 27040 |
| obtain the services of a registered professional engineer to | 27041 |
| periodically inspect the dams and to prepare reports of the | 27042 |
| inspections for submittal to the chief; | 27043 |
| (2) Establish standards in accordance with which the chief | 27044 |
| must approve or disapprove registered professional engineers to | 27045 |
| inspect dams together with procedures governing the approval | 27046 |
| process; | 27047 |
| (3) Establish schedules, standards, and procedures governing | 27048 |
| periodic inspections and standards and procedures governing the | 27049 |
| preparation and submittal of inspection reports; | 27050 |
| (4) Establish provisions regarding the enforcement of this | 27051 |
| section and rules adopted under it. | 27052 |
| (K) The owner of a dam or levee shall notify the chief in | 27053 |
| writing of a change in ownership of the dam or levee prior to the | 27054 |
| exchange of the property. | 27055 |
| Sec. 1521.063. (A) Except for the federal government, the | 27056 |
|
owner of | 27057 |
| class III dam under rules adopted under section 1521.06 of the | 27058 |
| Revised Code and subject to section 1521.062 of the Revised Code | 27059 |
| shall pay an annual fee, based upon the height of the dam, the | 27060 |
| linear foot length of the dam, and the per-acre foot of volume of | 27061 |
| water impounded by the dam. The fee shall be paid to the division | 27062 |
|
of soil and water | 27063 |
|
before the
thirtieth day of June of each | 27064 |
| annual fee shall be as follows until otherwise provided by rules | 27065 |
| adopted under this section: | 27066 |
| (1) For any dam classified as a class I dam under rules | 27067 |
| adopted by the chief of the division of soil and water resources | 27068 |
|
under section
1521.06 of the Revised Code, | 27069 |
| dollars plus ten dollars per foot of height of dam, five cents | 27070 |
| per foot of length of the dam and five cents per-acre foot of | 27071 |
| water impounded by the dam; | 27072 |
| (2) For any dam classified as a class II dam under those | 27073 |
|
rules, | 27074 |
| of height of dam, five cents per foot of length of the dam and | 27075 |
| five cents per-acre foot of water impounded by the dam; | 27076 |
| (3) For any dam classified as a class III dam under those | 27077 |
|
rules, | 27078 |
| of the dam, five cents per foot of length of the dam, and five | 27079 |
| cents per-acre foot of volume of water impounded by the dam. | 27080 |
| For purposes of this section, the height of a dam is the | 27081 |
| vertical height, to the nearest foot, as determined by the | 27082 |
| division under section 1521.062 of the Revised Code. | 27083 |
| All fees collected under this section shall be deposited in | 27084 |
| the dam safety fund created in section 1521.06 of the Revised | 27085 |
| Code. Any owner who fails to pay any annual fee required by this | 27086 |
| section within sixty days after the due date shall be assessed a | 27087 |
| penalty of ten per cent of the annual fee plus interest at the | 27088 |
| rate of one-half per cent per month from the due date until the | 27089 |
| date of payment. | 27090 |
| There is hereby created the compliant dam discount program | 27091 |
| to be administered by the chief. Under the program, the chief may | 27092 |
| reduce the amount of the annual fee that an owner of a dam is | 27093 |
| required to pay under division (A)(1), (2), or (3) of this | 27094 |
| section if the owner is in compliance with section 1521.062 of | 27095 |
| the Revised Code and has developed an emergency action plan | 27096 |
| pursuant to standards established in rules adopted under this | 27097 |
| section. The chief shall not discount an annual fee by more than | 27098 |
| twenty-five per cent of the total annual fee that is due. In | 27099 |
| addition, the chief shall not discount the annual fee that is due | 27100 |
| from the owner of a dam who has been assessed a penalty under this | 27101 |
| section. | 27102 |
| (B) The chief shall, in accordance with Chapter 119. of the | 27103 |
| Revised Code and subject to the prior approval of the director of | 27104 |
| natural resources, adopt, and may amend or rescind, rules for the | 27105 |
| collection of fees and the administration, implementation, and | 27106 |
| enforcement of this section and for the establishment of an | 27107 |
|
annual fee schedule
in lieu of the schedule established | 27108 |
| division (A) of this section. | 27109 |
| (C)(1) No person, political subdivision, or state | 27110 |
| governmental agency shall violate or fail to comply with this | 27111 |
| section or any rule or order adopted or issued under it. | 27112 |
| (2) The attorney general, upon written request of the chief, | 27113 |
| may commence an action against any such violator. Any action under | 27114 |
| division (C)(2) of this section is a civil action. | 27115 |
| (D) As used in this section, "political subdivision" includes | 27116 |
| townships, municipal corporations, counties, school districts, | 27117 |
| municipal universities, park districts, sanitary districts, and | 27118 |
| conservancy districts and subdivisions thereof. | 27119 |
| Sec. 1521.064. The chief of the division of soil and water | 27120 |
| resources, in accordance with Chapter 119. of the Revised Code, | 27121 |
| shall adopt, and may amend and rescind, rules establishing a | 27122 |
| program under which dams and levees may be exempted from | 27123 |
| inspections under section 1521.062 of the Revised Code if the | 27124 |
| continued operation and use of, and any rupturing of or other | 27125 |
| structural damage to, the dams and levees will not constitute a | 27126 |
| hazard to life, health, or property. The rules shall establish, | 27127 |
| without limitation, all of the following: | 27128 |
| (A) A procedure by which the owner of such a dam or levee may | 27129 |
| apply for an exemption under this section; | 27130 |
| (B) The standards that a dam or levee shall meet in order to | 27131 |
| be exempted under this section; | 27132 |
| (C) A procedure by which the chief shall periodically review | 27133 |
| the status of a dam or levee that has been exempted under this | 27134 |
| section to determine if the exemption should be rescinded; | 27135 |
| (D) A requirement that the owner of any dam or levee exempted | 27136 |
| under this section shall agree, in writing, to accept liability | 27137 |
| for any injury, death, or loss to persons or property caused by | 27138 |
| the rupturing of or other structural damage to the dam or levee. | 27139 |
| Sec. 1521.07. The chief of the division of soil and water | 27140 |
| resources or any employee in the service of the division may enter | 27141 |
| upon lands to make surveys and inspections in accordance with this | 27142 |
| chapter, when necessary in the discharge of the duties enumerated | 27143 |
| in this chapter. | 27144 |
| Sec. 1521.10. In order to be entitled to the compensation | 27145 |
| provided for in section 1521.09 of the Revised Code, the landowner | 27146 |
| 27147 | |
| water resources complete plans for the dam provided for in such | 27148 |
| section. The plans shall have the approval of the chief of the | 27149 |
| division of soil and water resources and the dam shall be | 27150 |
| constructed in accordance with such plans before compensation can | 27151 |
| be claimed. | 27152 |
| Sec. 1521.11. Upon the completion of the dam referred to in | 27153 |
| section 1521.09 of the Revised Code to the satisfaction of the | 27154 |
| division of soil and water resources, it shall certify the | 27155 |
| completion and the capacity thereof to the county auditor who | 27156 |
| shall thereupon make such reduction in the assessed valuation of | 27157 |
|
the
contiguous landowner as | 27158 |
|
entitled
to receive under sections 1521.09 to
1521.12 | 27159 |
| of the Revised Code. | 27160 |
| Sec. 1521.12. In the event that any dam is constructed | 27161 |
| before plans are submitted to and approved by the division of soil | 27162 |
| and water resources as required by section 1521.10 of the Revised | 27163 |
|
Code, the landowner may submit plans of the dam
| 27164 |
| has built, showing the area of the drainage basin above the dam, a | 27165 |
| cross section of the dam site, a cross section, plan, and | 27166 |
| elevation of the dam, a map of the spillway, a topographic map of | 27167 |
| the reservoir basin, and such other data and information as the | 27168 |
| division requires. If the plans receive the approval of the | 27169 |
| division, and upon examination the dam is found to be | 27170 |
|
satisfactorily
completed in accordance with such plans, | 27171 |
| division shall certify the completion and capacity thereof to the | 27172 |
| county auditor. If the plans fail to meet the requirements of the | 27173 |
| division, the owner may submit revised plans, and when such | 27174 |
| revised plans have been approved and the dam rebuilt to conform to | 27175 |
| such plans, the completion of the dam and its capacity shall then | 27176 |
| be certified to the auditor who shall thereupon make such | 27177 |
| reduction in the assessed valuation of the contiguous land as such | 27178 |
|
owner is entitled to receive under
sections 1521.09 to 1521.12 | 27179 |
| 27180 |
| Sec. 1521.13. (A) Development in one-hundred-year floodplain | 27181 |
| areas shall be protected to at least the one-hundred-year flood | 27182 |
| level, and flood water conveyance shall be maintained, at a | 27183 |
| minimum, in accordance with standards established under the | 27184 |
| national flood insurance program. This division does not preclude | 27185 |
| a state agency or political subdivision from establishing flood | 27186 |
| protection standards that are more restrictive than this division. | 27187 |
| (B) Prior to the expenditure of money for or the construction | 27188 |
| of buildings, structures, roads, bridges, or other facilities in | 27189 |
| locations that may be subject to flooding or flood damage, all | 27190 |
| state agencies and political subdivisions shall notify and consult | 27191 |
| with the division of soil and water resources and shall furnish | 27192 |
| information that the division reasonably requires in order to | 27193 |
| avoid the uneconomic, hazardous, or unnecessary use of floodplains | 27194 |
| in connection with such facilities. | 27195 |
| (C) The chief of the division of soil and water resources | 27196 |
| shall do all of the following: | 27197 |
| (1) Coordinate the floodplain management activities of state | 27198 |
| agencies and political subdivisions with the floodplain management | 27199 |
| activities of the United States, including the national flood | 27200 |
| insurance program; | 27201 |
| (2) Collect, prepare, and maintain technical data and | 27202 |
| information on floods and floodplain management and make the data | 27203 |
| and information available to the public, state agencies, political | 27204 |
| subdivisions, and agencies of the United States; | 27205 |
| (3) Cooperate and enter into agreements with persons for the | 27206 |
| preparation of studies and reports on floods and floodplain | 27207 |
| management; | 27208 |
| (4) Assist any county, municipal corporation, or state agency | 27209 |
| in developing comprehensive floodplain management programs; | 27210 |
| (5) Provide technical assistance to any county, municipal | 27211 |
| corporation, or state agency through engineering assistance, data | 27212 |
| collection, preparation of model laws, training, and other | 27213 |
| activities relating to floodplain management; | 27214 |
| (6) For the purpose of reducing damages and the threat to | 27215 |
| life, health, and property in the event of a flood, cooperate with | 27216 |
| state agencies, political subdivisions, and the United States in | 27217 |
| the development of flood warning systems, evacuation plans, and | 27218 |
| flood emergency preparedness plans; | 27219 |
| (7) Upon request, assist the emergency management agency | 27220 |
| established by section 5502.22 of the Revised Code in the | 27221 |
| preparation of flood hazard mitigation reports required as a | 27222 |
| condition for receiving federal disaster aid under the "Disaster | 27223 |
| Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended, | 27224 |
| and regulations adopted under it; | 27225 |
| (8) Adopt, and may amend or rescind, rules in accordance with | 27226 |
| Chapter 119. of the Revised Code for the administration, | 27227 |
| implementation, and enforcement of this section and sections | 27228 |
| 1521.14 and 1521.18 of the Revised Code; | 27229 |
| (9) Establish, by rule, technical standards for the | 27230 |
| delineation and mapping of floodplains and for the conduct of | 27231 |
| engineering studies to determine the vertical and horizontal | 27232 |
| limits of floodplains and for the assessment of development | 27233 |
| impacts on flood heights and flood conveyance. The standards | 27234 |
| established in rules adopted under this division shall be | 27235 |
| consistent with and no more stringent than the analogous standards | 27236 |
| established under the national flood insurance program. | 27237 |
| (10) On behalf of the director of natural resources, | 27238 |
| administer section 1506.04 of the Revised Code. | 27239 |
| In addition to the duties imposed in divisions (C)(1) to (10) | 27240 |
| of this section, and with respect to existing publicly owned | 27241 |
| facilities that have suffered flood damage or that may be subject | 27242 |
| to flood damage, the chief may conspicuously mark past and | 27243 |
| probable flood heights in order to assist in creating public | 27244 |
| awareness of and knowledge about flood hazards. | 27245 |
| (D)(1) Development that is funded, financed, undertaken, or | 27246 |
| preempted by state agencies shall comply with division (A) of this | 27247 |
| section and with rules adopted under division (C)(9) of this | 27248 |
| section. | 27249 |
| (2) State agencies shall apply floodproofing measures in | 27250 |
| order to reduce potential additional flood damage of existing | 27251 |
| publicly owned facilities that have suffered flood damage. | 27252 |
| (3) Before awarding funding or financing or granting a | 27253 |
| license, permit, or other authorization for a development that is | 27254 |
| or is to be located within a one-hundred-year floodplain, a state | 27255 |
| agency shall require the applicant to demonstrate to the | 27256 |
| satisfaction of the agency that the development will comply with | 27257 |
| division (A) of this section, rules adopted under division (C)(9) | 27258 |
| of this section, and any applicable local floodplain management | 27259 |
| resolution or ordinance. | 27260 |
| (4) Prior to the disbursement of any state disaster | 27261 |
| assistance money in connection with any incident of flooding to or | 27262 |
| within a county or municipal corporation that is not listed by the | 27263 |
| chief as being in compliance under division (D)(1) of section | 27264 |
| 1521.18 of the Revised Code, a state agency that has authority to | 27265 |
| disburse such money shall require the county or municipal | 27266 |
| corporation to establish or reestablish compliance as provided in | 27267 |
| that division. | 27268 |
| (E)(1) Subject to section 1521.18 of the Revised Code, a | 27269 |
| county or a municipal corporation may do all of the following: | 27270 |
| (a) Adopt floodplain maps that reflect the best available | 27271 |
| data and that indicate the areas to be regulated under a | 27272 |
| floodplain management resolution or ordinance, as applicable; | 27273 |
| (b) Develop and adopt a floodplain management resolution or | 27274 |
| ordinance, as applicable; | 27275 |
| (c) Adopt floodplain management standards that exceed the | 27276 |
| standards that are established under the national flood insurance | 27277 |
| program. | 27278 |
| (2) A county or municipal corporation shall examine and | 27279 |
| apply, where economically feasible, floodproofing measures in | 27280 |
| order to reduce potential additional flood damage of existing | 27281 |
| publicly owned facilities that have suffered flood damage. | 27282 |
| (3) A county that adopts a floodplain management resolution | 27283 |
| shall do so in accordance with the procedures established in | 27284 |
| section 307.37 of the Revised Code. The county may enforce the | 27285 |
| resolution by issuing stop work orders, seeking injunctive relief, | 27286 |
| or pursuing other civil actions that the county considers | 27287 |
| necessary to ensure compliance with the resolution. In addition, | 27288 |
| failure to comply with the floodplain management resolution | 27289 |
| constitutes a violation of division (D) of section 307.37 of the | 27290 |
| Revised Code. | 27291 |
| (4) No action challenging the validity of a floodplain | 27292 |
| management resolution adopted by a county or a floodplain | 27293 |
| management ordinance adopted by a municipal corporation, or an | 27294 |
| amendment to such a resolution or ordinance, because of a | 27295 |
| procedural error in the adoption of the resolution, ordinance, or | 27296 |
| amendment shall be brought more than two years after the adoption | 27297 |
| of the resolution, ordinance, or amendment. | 27298 |
| Sec. 1521.14. Upon the written request of the director of | 27299 |
| natural resources, the attorney general shall bring an action for | 27300 |
| appropriate relief in a court of competent jurisdiction against | 27301 |
| any development that is not in compliance with the standards of | 27302 |
| the national flood insurance program and that is one of the | 27303 |
| following: | 27304 |
| (A) Located in a county or municipal corporation that is not | 27305 |
| listed by the chief of the division of soil and water resources as | 27306 |
| being in compliance under division (D)(1) of section 1521.18 of | 27307 |
| the Revised Code; | 27308 |
| (B) Funded, financed, undertaken, or preempted by a state | 27309 |
| agency. | 27310 |
| Sec. 1521.15. (A) The chief of the division of soil and | 27311 |
| water resources shall develop and maintain, in cooperation with | 27312 |
| local, state, federal, and private agencies and entities, a water | 27313 |
| resources inventory for the collection, interpretation, storage, | 27314 |
| retrieval, exchange, and dissemination of information concerning | 27315 |
| the water resources of this state, including, but not limited to, | 27316 |
| information on the location, type, quantity, and use of those | 27317 |
| resources and the location, type, and quantity of consumptive use | 27318 |
| and diversion of the water resources. The water resources | 27319 |
| inventory also shall include, without limitation, information to | 27320 |
| assist in determining the reasonableness of water use and sharing | 27321 |
| under common law, promoting reasonable use and development of | 27322 |
| water resources, and resolving water use conflicts. | 27323 |
| All agencies of the state shall cooperate with the chief in | 27324 |
| the development and maintenance of the inventory. | 27325 |
| (B) The chief shall cooperate with the other great lakes | 27326 |
| states and provinces to develop a common base of data regarding | 27327 |
| the management of the water resources of the Lake Erie drainage | 27328 |
| basin and to establish systematic arrangements for the exchange of | 27329 |
| those data. | 27330 |
| | 27331 |
| 27332 | |
| 27333 | |
| 27334 | |
| 27335 |
| | 27336 |
| | 27337 |
| 27338 |
| | 27339 |
| 27340 | |
| 27341 |
| | 27342 |
| | 27343 |
| | 27344 |
| | 27345 |
| 27346 | |
| 27347 |
| Sec. 1521.16. (A) Any person who owns a facility that has | 27348 |
| the capacity to withdraw waters of the state in an amount greater | 27349 |
| than one hundred thousand gallons per day from all sources and | 27350 |
| whose construction is completed before January 1, 1990, shall | 27351 |
| register the facility by January 1, 1991, with the chief of the | 27352 |
| division of soil and water resources, and any person who owns a | 27353 |
| facility that has the capacity to withdraw waters of the state in | 27354 |
| such an amount and whose construction is completed on or after | 27355 |
| January 1, 1990, shall register the facility with the chief within | 27356 |
| three months after the facility is completed. The person shall | 27357 |
| register the facility using a form prescribed by the chief that | 27358 |
| shall include, without limitation, the name and address of the | 27359 |
| registrant and date of registration; the locations and sources of | 27360 |
| the facility's water supply; the facility's withdrawal capacity | 27361 |
| per day and the amount withdrawn from each source; the uses made | 27362 |
| of the water, places of use, and places of discharge; and such | 27363 |
| other information as the chief may require by rule. | 27364 |
| The registration date of any facility whose construction was | 27365 |
| completed prior to January 1, 1990, and that is registered under | 27366 |
| this division prior to January 1, 1991, shall be January 1, 1990. | 27367 |
| The registration date of any facility whose construction was | 27368 |
| completed prior to January 1, 1990, and that is required to | 27369 |
| register under this division prior to January 1, 1991, but that is | 27370 |
| not registered prior to that date, and the registration date of | 27371 |
| any facility whose construction was completed after January 1, | 27372 |
| 1990, and that is required to register under this division shall | 27373 |
| be the date on which the registration is received by the chief. | 27374 |
| (B) In accordance with division (D) of this section, the | 27375 |
| chief shall adopt rules establishing standards and criteria for | 27376 |
| determining when an area of ground water is a ground water stress | 27377 |
| area, the geographic limits of such an area, and a threshold | 27378 |
| withdrawal capacity for the area below which registration under | 27379 |
| this division shall not be required. At any time following the | 27380 |
| adoption of those rules, the chief may by order designate an area | 27381 |
| of ground water as a ground water stress area and shall establish | 27382 |
| in any such order a threshold withdrawal capacity for the area | 27383 |
| below which registration under this division shall not be | 27384 |
| required. | 27385 |
| Following the designation of a ground water stress area, the | 27386 |
| chief immediately shall give notice by publication in a newspaper | 27387 |
| of general circulation in the designated area that shall include a | 27388 |
| map delineating the designated ground water stress area and a | 27389 |
| statement of the threshold withdrawal capacity established for the | 27390 |
| area below which registration under this division shall not be | 27391 |
| required. The notice shall not appear in the legal notices section | 27392 |
| of the newspaper. Any person who owns a facility in the designated | 27393 |
| ground water stress area that is not registered under division (A) | 27394 |
| of this section and that has the capacity to withdraw waters of | 27395 |
| the state in an amount greater than the threshold withdrawal | 27396 |
|
capacity for the area from all
sources shall register | 27397 |
| facility with the chief not later than thirty days after | 27398 |
| publication of the notice. A person registering a facility under | 27399 |
| this division shall do so using a form prescribed by the chief. | 27400 |
| The form shall include the information specified in division (A) | 27401 |
| of this section. | 27402 |
| (C) Any person who owns a facility registered under division | 27403 |
| (A) or (B) of this section shall file a report annually with the | 27404 |
| chief listing the amount of water withdrawn per day by the | 27405 |
| facility, the return flow per day, and any other information the | 27406 |
| chief may require by rule. Any person who, under Chapter 6109. of | 27407 |
| the Revised Code, provides such information to the Ohio | 27408 |
| environmental protection agency is exempt from reporting under | 27409 |
| this division. The director of environmental protection shall | 27410 |
|
provide the chief any such reported information upon | 27411 |
| (D) The chief shall adopt, and may amend or rescind, rules in | 27412 |
| accordance with Chapter 119. of the Revised Code to carry out this | 27413 |
| section. | 27414 |
| (E)(1) No person knowingly shall fail to register a facility | 27415 |
| or file a report as required under this section. | 27416 |
| (2) No person shall file a false report under this section. | 27417 |
| Violation of division (E)(2) of this section is falsification | 27418 |
| under section 2921.13 of the Revised Code. | 27419 |
| (F) At the request of the director of natural resources, the | 27420 |
| attorney general may commence a civil action to compel compliance | 27421 |
| with this section, in a court of common pleas, against any person | 27422 |
| who has violated or is violating division (E)(1) of this section. | 27423 |
| The court of common pleas in which a civil action is commenced | 27424 |
| under this division has jurisdiction to and shall compel | 27425 |
| compliance with this section upon a showing that the person | 27426 |
| against whom the action is brought has violated or is violating | 27427 |
| that division. | 27428 |
| Any action under this division is a civil action, governed by | 27429 |
| the rules of civil procedure and other rules of practice and | 27430 |
| procedure applicable to civil actions. | 27431 |
| Sec. 1521.18. (A) For the purposes of this section, a | 27432 |
| one-hundred-year floodplain is limited to an area identified as a | 27433 |
| one-hundred-year floodplain in accordance with the "National Flood | 27434 |
| Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as | 27435 |
| amended. | 27436 |
| (B) Each municipal corporation or county that has within its | 27437 |
| boundaries a one-hundred-year floodplain and that adopts a | 27438 |
| floodplain management ordinance or resolution or any amendments to | 27439 |
| such an ordinance or resolution on or after April 11, 1991, after | 27440 |
| adopting the ordinance, resolution, or amendments and before | 27441 |
| submitting the ordinance, resolution, or amendments to the federal | 27442 |
| emergency management agency for final approval for compliance with | 27443 |
| applicable standards adopted under the "National Flood Insurance | 27444 |
| Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall | 27445 |
| submit the ordinance, resolution, or amendments to the chief of | 27446 |
| the division of soil and water resources for the chief's review | 27447 |
| for compliance with those standards. Within forty-five days after | 27448 |
| receiving any such ordinance, resolution, or amendments, the chief | 27449 |
| shall complete the review and notify the municipal corporation or | 27450 |
| county as to whether the ordinance, resolution, or amendments | 27451 |
| comply with those standards. If the chief finds that the | 27452 |
| ordinance, resolution, or amendments comply with those standards, | 27453 |
| the chief shall forward it or them to the federal emergency | 27454 |
| management agency for final approval. | 27455 |
| (C)(1) If the chief determines that a county or municipal | 27456 |
| corporation that has adopted a floodplain management resolution or | 27457 |
| ordinance fails to administer or enforce the resolution or | 27458 |
| ordinance, the chief shall send a written notice by certified mail | 27459 |
| to the board of county commissioners of the county or the chief | 27460 |
| executive officer of the municipal corporation stating the nature | 27461 |
| of the noncompliance. | 27462 |
| (2) In order to maintain its compliance status in accordance | 27463 |
| with division (D) of this section, a county or municipal | 27464 |
| corporation that has received a notice of noncompliance under | 27465 |
| division (C)(1) of this section may submit information to the | 27466 |
| chief not later than thirty days after receiving the notice that | 27467 |
| demonstrates compliance or indicates the actions that the county | 27468 |
| or municipal corporation is taking to administer or enforce the | 27469 |
| resolution or ordinance. The chief shall review the information | 27470 |
| and shall issue a final determination by certified mail to the | 27471 |
| county or municipal corporation of the compliance or noncompliance | 27472 |
| status of the county or municipal corporation. If the chief issues | 27473 |
| a final determination of noncompliance, the chief shall send a | 27474 |
| copy of that determination to the federal emergency management | 27475 |
| agency concurrently with mailing the notice to the municipal | 27476 |
| corporation or county. | 27477 |
| (D)(1) A county or municipal corporation is considered to be | 27478 |
| in compliance for the purposes of this section if either of the | 27479 |
| following applies: | 27480 |
| (a) The county or municipal corporation has adopted a | 27481 |
| floodplain management resolution or ordinance that the chief has | 27482 |
| determined complies with applicable standards adopted under the | 27483 |
| "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. | 27484 |
| 4001, as amended, and is adequately administering and enforcing it | 27485 |
| as determined under division (C) of this section. | 27486 |
| (b) The county or municipal corporation is participating in | 27487 |
| the national flood insurance program and has not received a notice | 27488 |
| of noncompliance under division (B) or (C) of this section. | 27489 |
| (2) The chief shall maintain a list of all counties and | 27490 |
| municipal corporations that have one-hundred-year floodplains | 27491 |
| within their boundaries. The list shall indicate whether each such | 27492 |
| county or municipal corporation is in compliance or noncompliance | 27493 |
| as provided in division (D)(1) of this section and whether each | 27494 |
| such county or municipal corporation is participating in the | 27495 |
| national flood insurance program. The chief shall provide a copy | 27496 |
| of the list to the general assembly and all state agencies | 27497 |
| annually and shall notify the general assembly and the agencies of | 27498 |
| any changes at least quarterly. | 27499 |
| (E) Any county or municipal corporation that is adversely | 27500 |
| affected by any determination of the chief under this section may | 27501 |
| appeal it in accordance with Chapter 119. of the Revised Code not | 27502 |
| later than thirty days after the final determination. | 27503 |
| Sec. 1521.19. (A) There is hereby created the Ohio water | 27504 |
| resources council consisting of the directors of agriculture, | 27505 |
| development, environmental protection, health, natural resources, | 27506 |
| transportation, and the Ohio public works commission, the | 27507 |
| chairperson of the public utilities commission of Ohio, the | 27508 |
| executive director of the Ohio water development authority, and an | 27509 |
| executive assistant in the office of the governor appointed by the | 27510 |
| governor. The governor shall appoint one of the members of the | 27511 |
| council to serve as its chairperson. The council may adopt bylaws | 27512 |
| that are necessary for the implementation of this section. The | 27513 |
| council shall provide a forum for policy development, | 27514 |
| collaboration and coordination among state agencies, and strategic | 27515 |
| direction with respect to state water resource programs. The | 27516 |
| council shall be assisted in its functions by a state agency | 27517 |
| coordinating group and an advisory group as provided in this | 27518 |
| section. | 27519 |
| (B) The state agency coordinating group shall consist of the | 27520 |
| executive director of the Ohio Lake Erie commission and a member | 27521 |
| or members from each state agency, commission, and authority | 27522 |
| represented on the council, to be appointed by the applicable | 27523 |
| director, chairperson, or executive director. However, the | 27524 |
| environmental protection agency shall be represented on the group | 27525 |
| by the chiefs of the divisions within that agency having | 27526 |
| responsibility for surface water programs and drinking and ground | 27527 |
| water programs, and the department of natural resources shall be | 27528 |
|
represented on the group by the chief of the division of | 27529 |
| 27530 | |
| resources. The chairperson of the council shall appoint a leader | 27531 |
| of the state agency coordinating group. The group shall provide | 27532 |
| assistance to and perform duties on behalf of the council as | 27533 |
| directed by the council. | 27534 |
| (C) The advisory group shall consist of not more than | 27535 |
| twenty-four members, each representing an organization or entity | 27536 |
| with an interest in water resource issues. The council shall | 27537 |
| appoint the members of the advisory group. Of the initial | 27538 |
| appointments, not more than ten members shall be appointed for | 27539 |
| one-year terms, and not more than ten members shall be appointed | 27540 |
| for two-year terms. Of the four initial appointments made after | 27541 |
| 27542 | |
| members shall be appointed for one-year terms, and two of the | 27543 |
| members shall be appointed for two-year terms. Thereafter, all | 27544 |
| advisory group members shall serve two-year terms. Members may be | 27545 |
| reappointed. Each member shall hold office from the date of the | 27546 |
| member's appointment until the end of the member's term. A member | 27547 |
| shall continue in office subsequent to the expiration date of the | 27548 |
| member's term until the member's successor takes office or until a | 27549 |
| period of sixty days has elapsed, whichever occurs first. The | 27550 |
| council may remove a member for misfeasance, nonfeasance, or | 27551 |
| malfeasance in office. The council shall appoint members to fill | 27552 |
| any vacancies on the group. A member appointed to fill a vacancy | 27553 |
| shall hold office for the remainder of the term for which that | 27554 |
| member was appointed. | 27555 |
| The chairperson of the council shall appoint a chairperson of | 27556 |
| the advisory group. The advisory group shall advise the council on | 27557 |
| water resources issues addressed by the council. | 27558 |
| (D) There is hereby created in the state treasury the Ohio | 27559 |
| water resources council fund. The department of natural resources | 27560 |
| shall serve as the fiscal agent for the fund. The departments of | 27561 |
| agriculture, development, environmental protection, health, | 27562 |
| natural resources, and transportation shall transfer moneys to the | 27563 |
| fund in equal amounts via intrastate transfer voucher. The public | 27564 |
| utilities commission of Ohio, Ohio public works commission, and | 27565 |
| Ohio water development authority may transfer moneys to the fund. | 27566 |
| If a voluntary transfer of moneys is made to the fund, the portion | 27567 |
| that is required to be transferred by the departments of | 27568 |
| agriculture, development, environmental protection, health, | 27569 |
| natural resources, and transportation may be equally reduced. | 27570 |
| Moneys in the fund shall be used to pay the operating expenses of | 27571 |
| the Ohio water resources council, including those specified in | 27572 |
| division (E) of this section. | 27573 |
| (E) The Ohio water resources council may hire staff to | 27574 |
| support its activities. The council may enter into contracts and | 27575 |
| agreements with federal agencies, state agencies, political | 27576 |
| subdivisions, and private entities to assist in accomplishing its | 27577 |
| objectives. Advisory group members shall be reimbursed for | 27578 |
| expenses necessarily incurred in the performance of their duties | 27579 |
| pursuant to section 126.31 of the Revised Code and any applicable | 27580 |
| rules pertaining to travel reimbursement adopted by the office of | 27581 |
| budget and management. | 27582 |
| Sec. 1523.01. In addition to all other powers granted to and | 27583 |
| duties devolving upon the chief of the division of soil and water | 27584 |
| resources, when in the chief's judgment it is for the public | 27585 |
| welfare and the best interests of the citizens of the state that | 27586 |
| the surplus, flood, and other waters of any of the watersheds, | 27587 |
| rivers, streams, watercourses, or public waters should be | 27588 |
| conserved, impounded, and stored in order to insure and promote | 27589 |
| the public health, welfare, and safety and to encourage and | 27590 |
| promote agriculture, commerce, manufacturing, and other public | 27591 |
| purposes, such chief shall proceed in furtherance of the purposes | 27592 |
| of sections 1523.01 to 1523.13 of the Revised Code, and for the | 27593 |
| preservation of the use of such waters for navigation, in case | 27594 |
| such waters are required for navigation, to construct such | 27595 |
| reservoirs, dams, storage basins, dikes, canals, raceways, and | 27596 |
| other improvements as are necessary for such purposes, or the | 27597 |
| chief may make additions to, enlarge, and make alterations in and | 27598 |
| upon such reservoirs, dams, storage basins, dikes, canals, | 27599 |
| raceways, and other improvements already in existence and | 27600 |
| constituting a part of the public works, as are necessary for such | 27601 |
| purposes. Any rights or privileges granted by sections 1523.01 to | 27602 |
| 1523.13 of the Revised Code, shall not interfere with the control | 27603 |
| and maintenance of the state reservoirs or public parks which have | 27604 |
| been dedicated to the public for purposes of recreation and | 27605 |
| pleasure. | 27606 |
| | 27607 |
| director of natural resources and the governor, may acquire by | 27608 |
| gift, purchase, or by appropriation proceedings, in the name of | 27609 |
| and on behalf of the state, such real and personal property, | 27610 |
| rights, privileges, and appurtenances as are necessary in the | 27611 |
| chief's judgment for the construction of such reservoirs, dams, | 27612 |
| storage basins, dikes, canals, raceways, and other improvements, | 27613 |
| or for the alteration, enlargement, or maintenance of existing | 27614 |
| reservoirs, dams, and other improvements, together with such | 27615 |
| rights of way, drives, and roadways as are necessary for | 27616 |
| convenient access thereto. The appropriation proceedings referred | 27617 |
| to in this section shall be restricted to private property only. | 27618 |
| Before proceeding to purchase or appropriate any such | 27619 |
| property or rights, the cost of which, together with the land or | 27620 |
| real estate necessary upon which to locate and construct such | 27621 |
| improvements, including damages to remaining property, is in | 27622 |
| excess of one thousand dollars, the chief shall prepare plans, | 27623 |
| specifications, and estimates of such cost, including all material | 27624 |
| and labor therefor, together with the cost of such land or real | 27625 |
| estate and damages, and shall thereupon submit such plans, | 27626 |
| specifications, and estimates to the director, who in turn shall | 27627 |
| submit them to the governor for approval. | 27628 |
| The governor shall thereupon publish written notice once a | 27629 |
| week for two consecutive weeks in a newspaper published in and of | 27630 |
| general circulation in the counties where any such improvements | 27631 |
| are proposed to be constructed, setting forth the location and | 27632 |
| character of the proposed improvements, that the plans, | 27633 |
| specifications, and estimates therefor are on file in the | 27634 |
| governor's office, and that objections thereto will be heard by | 27635 |
|
the governor on
a day to be
named in | 27636 |
| shall be not less than ten nor more than twenty days after the | 27637 |
| first publication thereof. Within thirty days after the date fixed | 27638 |
|
for | 27639 |
| specifications, and estimates to the director, with the governor's | 27640 |
| written approval or rejection thereof indorsed thereon. The | 27641 |
| director shall immediately return such plans, specifications, and | 27642 |
| estimates, together with the governor's indorsement thereon, to | 27643 |
| the chief. | 27644 |
| Any instrument by which real property is acquired pursuant to | 27645 |
| this section shall identify the agency of the state that has the | 27646 |
| use and benefit of the real property as specified in section | 27647 |
| 5301.012 of the Revised Code. | 27648 |
| Sec. 1523.02. If the governor approves the plans, | 27649 |
| specifications, and estimates authorized by section 1523.01 of the | 27650 |
| Revised Code, the chief of the division of soil and water | 27651 |
| resources shall thereupon proceed, as provided in sections | 27652 |
| 1523.02 to 1523.13 of the Revised Code, to construct the | 27653 |
| improvements or to make alterations in or to enlarge those | 27654 |
| already existing, in such manner and form as is shown by such | 27655 |
| plans and specifications. In order to provide the funds for such | 27656 |
| construction, alteration, or enlargement, the chief shall issue | 27657 |
| and sell bonds of the state, not in excess of the estimated cost | 27658 |
| of such improvements. The bonds shall be issued in denominations | 27659 |
| of not less than one hundred dollars payable as a whole or in | 27660 |
| series on or before fifty years from the date thereof, with | 27661 |
| interest not to exceed the rate provided in section 9.95 of the | 27662 |
| Revised Code, payable either annually or semiannually. | 27663 |
| The bonds shall show on their face the purpose for which | 27664 |
| issued and shall create no liability upon or be considered an | 27665 |
| indebtedness of the state, but both the principal and interest | 27666 |
| shall be paid solely out of the proceeds arising from the | 27667 |
| improvements constructed, altered, or enlarged by the chief, or | 27668 |
| from the proceeds of the sale or foreclosure of the lien securing | 27669 |
| the bonds on such improvement or such part thereof as is | 27670 |
| constructed from the money realized from the sale of the bonds. | 27671 |
| The form of the bonds shall be approved by the attorney | 27672 |
| general, and they shall be signed by the governor and attested by | 27673 |
| the director of natural resources and the chief. The bonds may be | 27674 |
| issued as coupon bonds, payable to bearer only, or upon demand of | 27675 |
| the owner or holder thereof as registered bonds. | 27676 |
| Such bonds shall be sold by the chief to the highest bidder | 27677 |
| therefor, but for not less than the par value thereof, with | 27678 |
| accrued interest thereon, after thirty days' notice in at least | 27679 |
| two newspapers of general circulation in the county where such | 27680 |
| improvements are to be constructed, altered, or enlarged, setting | 27681 |
| forth the nature, amount, rate of interest, and length of time the | 27682 |
| bonds have to run, with the time and place of sale. | 27683 |
| The treasurer of state shall be the treasurer of the fund | 27684 |
| realized from the sale of such bonds, and the auditor of state | 27685 |
| shall be the auditor of such fund. The proceeds of such sale shall | 27686 |
| be turned over to the treasurer of state and shall be deposited by | 27687 |
| the treasurer of state in a solvent bank, located either in | 27688 |
| Columbus or in the county in which such improvements are located. | 27689 |
| Such proceeds shall be kept by such bank in a fund to be known as | 27690 |
| the water conservation improvement fund. Such fund shall be used | 27691 |
| to acquire the necessary real estate and to construct such new | 27692 |
| improvements and for no other purpose, except that the treasurer | 27693 |
| of state may pay the interest on the bonds during the period of | 27694 |
| condemnation and the construction, alteration, or enlargement of | 27695 |
| such improvements out of the proceeds arising from the sale of the | 27696 |
| bonds for a term not exceeding three years from the date on which | 27697 |
| the bonds are issued. The bank shall give bond to the state in | 27698 |
| such amount as the treasurer of state considers advisable, and | 27699 |
| with surety to the satisfaction of the treasurer of state, for the | 27700 |
| benefit of the holders of the bonds, and for the benefit of any | 27701 |
| contractors performing labor or furnishing material for such | 27702 |
| improvements, as provided by law, conditioned that it will safely | 27703 |
| keep the money and will make no payments or disbursements | 27704 |
| therefrom except as provided in sections 1523.01 to 1523.13 of the | 27705 |
| Revised Code. | 27706 |
| The treasurer of state shall hold such fund as trustee for | 27707 |
| the holders of the bonds and for all persons performing labor or | 27708 |
| furnishing material for the construction, alteration, or | 27709 |
| enlargement of any improvement made under such sections. Such | 27710 |
| funds shall not be turned into the state treasury, but shall be | 27711 |
| deposited and disbursed by the treasurer of state as provided in | 27712 |
| such sections. The interest coupons attached to such bonds shall | 27713 |
| bear the signature of the treasurer of state, executed by the | 27714 |
| treasurer of state or printed or lithographed thereon. | 27715 |
| Both the interest and principal of such bonds shall be made | 27716 |
| payable at the office of the treasurer of state in Columbus, and | 27717 |
| shall be paid by the treasurer of state, without warrant or | 27718 |
| authority of the director of budget and management, to the owner | 27719 |
| or holder of such bonds upon presentation by the owner or holder | 27720 |
| of matured interest coupons or bonds. | 27721 |
| Sec. 1523.03. Immediately after the sale of the bonds | 27722 |
| authorized by section 1523.02 of the Revised Code and the payment | 27723 |
| of the proceeds thereof to the treasurer of state as provided in | 27724 |
| such section, the chief of the division of soil and water | 27725 |
| resources shall make a written contract for the construction of | 27726 |
| the improvements or for the making of additions to or alterations | 27727 |
| in existing improvements with the lowest responsive and | 27728 |
| responsible bidder, in accordance with section 9.312 of the | 27729 |
| Revised Code, after advertisements once a week for four | 27730 |
| consecutive weeks in one newspaper in each of the cities of | 27731 |
| Columbus, Cleveland, and Cincinnati having a general circulation | 27732 |
| therein, one trade paper having a circulation among contractors | 27733 |
| engaged in the construction of public improvement work of like | 27734 |
| character, and two newspapers having a general circulation within | 27735 |
| the county in which the dam, reservoir, storage basin, or other | 27736 |
| improvement is located or is to be located. | 27737 |
| All bids shall be filed with the chief, within the time fixed | 27738 |
|
for the filing
of such bids in | 27739 |
| shall be opened and publicly read by the chief at twelve noon on | 27740 |
| the last day for filing them. Each bid shall contain the full | 27741 |
| names of every person or company interested in it, shall | 27742 |
| separately state the price of both the labor and material to be | 27743 |
| furnished under it, and shall meet the requirements of section | 27744 |
| 153.54 of the Revised Code. | 27745 |
| The chief may reject any bids. If the chief rejects all bids, | 27746 |
| the chief shall within sixty days thereafter readvertise for bids | 27747 |
| for the construction of such improvements, as provided in this | 27748 |
| section, and may continue to readvertise for bids every sixty days | 27749 |
| until bids are received which are made to the chief's satisfaction | 27750 |
| and in conformity to sections 1523.01 to 1523.13 of the Revised | 27751 |
| Code. | 27752 |
| The chief may award separate contracts to bidders for each | 27753 |
| part of the labor to be done or material to be furnished for the | 27754 |
| construction of such improvements, provided that the amount of the | 27755 |
|
contract, if awarded as a whole, or the aggregate of | 27756 |
| several contracts, if awarded separately, shall not, together with | 27757 |
| the cost of the land necessary for such improvements and the | 27758 |
| estimated damages to remaining property, be in excess of the | 27759 |
| estimated cost of the construction thereof, including such land | 27760 |
| and damages. Such contracts shall provide that all payments | 27761 |
| thereunder shall be made only from the proceeds of the sale of the | 27762 |
| bonds issued for the construction of such improvements. No | 27763 |
| contractor shall receive payment for any work or labor performed | 27764 |
| or material furnished for such improvements unless the contract | 27765 |
| therefor was, at the time of its execution, approved by the | 27766 |
| governor by the governor's written indorsement on such contract. | 27767 |
| Sec. 1523.04. When estimates or statements for either | 27768 |
| material theretofore furnished or labor theretofore performed | 27769 |
| under a contract entered into as provided in section 1523.03 of | 27770 |
| the Revised Code are presented to the chief of the division of | 27771 |
| soil and water | 27772 |
| contractor, certified as to the correctness thereof under oath by | 27773 |
| 27774 | |
| approved in writing by the chief, the chief shall pay the amount | 27775 |
| of such estimates or statements from the water conservation | 27776 |
| improvement fund. | 27777 |
| Sec. 1523.05. The chief of the division of soil and water | 27778 |
| resources shall by contract in writing sell or lease for | 27779 |
| agricultural, commercial, manufacturing, or other lawful purposes, | 27780 |
| for any term not exceeding fifty years, the water, or any part | 27781 |
| thereof, conserved and stored by the improvements then existing, | 27782 |
| or that will be conserved and stored by any improvements | 27783 |
|
thereafter to be constructed by
| 27784 |
|
the land surrounding | 27785 |
|
years, as shown by the plans and specifications prepared by
| 27786 |
| the chief and approved by the governor as provided in section | 27787 |
| 1523.01 of the Revised Code. Such agreements shall be for a | 27788 |
| certain price or rental for the water or lands furnished to or | 27789 |
| used by the grantees, lessees, or their assigns, to be paid | 27790 |
| quarterly, semiannually, or annually as the chief deems advisable. | 27791 |
| | 27792 |
| sell or lease power generated by any head of water raised or | 27793 |
|
maintained by any such improvement,
or | 27794 |
| lease the right to use such head of water for generating power or | 27795 |
| other hydraulic purposes. | 27796 |
| All such contracts of sale or lease, whether for water or | 27797 |
| power, shall contain such reservations or restrictions as the | 27798 |
| chief deems necessary and proper in furtherance of the purposes of | 27799 |
|
sections 1523.01 to 1523.13 | 27800 |
| the preservation of the use of such waters for navigation in case | 27801 |
| they are required therefor. | 27802 |
| Such contracts or leases | 27803 |
| attorney general as to their general form and legality and, before | 27804 |
| becoming binding obligations on the state, they shall be approved | 27805 |
|
by the governor by | 27806 |
| Sec. 1523.06. (A) The chief of the division of soil and | 27807 |
| water resources before selling bonds as provided in section | 27808 |
| 1523.02 of the Revised Code or before receiving bids for the | 27809 |
| construction of improvements as authorized by section 1523.03 of | 27810 |
| the Revised Code may enter into tentative agreements for the sale | 27811 |
| or lease of water or power to: | 27812 |
| (1) Ascertain whether the public interest and welfare | 27813 |
| reasonably require the proposed improvements in the proposed | 27814 |
| locality; | 27815 |
| (2) Determine whether the revenues which the state may derive | 27816 |
| from the lease of lands and the lease and sale of the waters which | 27817 |
| are estimated will be conserved, impounded, and stored, or from | 27818 |
| the sale or lease of the power generated by such improvements, | 27819 |
| will be sufficient: | 27820 |
| (a) To pay the interest on bonds issued under section 1523.02 | 27821 |
| of the Revised Code; | 27822 |
| (b) To create a sinking fund to retire | 27823 |
| their maturity; | 27824 |
| (c) To maintain and keep | 27825 |
| (B) The performance and carrying out of such tentative | 27826 |
| agreements shall be conditioned upon the ability of such chief to: | 27827 |
| (1) Sell | 27828 |
| accrued interest; | 27829 |
| (2) Secure bids for the furnishing of all the labor and | 27830 |
| material necessary in the construction of such improvements, | 27831 |
| including all real estate required and damages incurred, at such a | 27832 |
| price that the rentals or compensation to be paid will provide | 27833 |
| during the terms of such contracts or leases a sum sufficient to | 27834 |
|
pay | 27835 |
|
keep | 27836 |
| Sec. 1523.07. The treasurer of state shall be treasurer and | 27837 |
| the auditor of state shall be auditor of all moneys derived from | 27838 |
| the use of the improvements authorized by sections 1523.01 to | 27839 |
|
1523.13 | 27840 |
|
shall hold | 27841 |
| improvements constructed under such sections, and for the holders | 27842 |
| of any bonds issued in accordance with section 1523.02 of the | 27843 |
|
Revised Code. | 27844 |
| treasury, but shall be deposited and disbursed by the treasurer of | 27845 |
| state in the manner provided in this section. All such moneys | 27846 |
| shall be collected by the treasurer of state on statements to be | 27847 |
| furnished by the chief of the division of soil and water resources | 27848 |
| and when so collected shall be deposited in solvent banks in the | 27849 |
|
state upon
the same terms as state funds are now loaned. | 27850 |
| funds shall be kept by such banks in a fund known as the "water | 27851 |
| conservation fund" and shall be used, first, to maintain and keep | 27852 |
| in repair the dams, reservoirs, storage basins, and other | 27853 |
| improvements, and, second, to pay the interest upon and principal | 27854 |
| of the bonds issued and sold pursuant to section 1523.02 of the | 27855 |
|
Revised Code,
as such interest falls due or | 27856 |
| The banks in which the treasurer of state deposits any of the | 27857 |
| moneys belonging either to the water conservation improvement fund | 27858 |
| provided for in section 1523.02 of the Revised Code or the water | 27859 |
| conservation fund provided for in this section shall be state | 27860 |
|
depository banks as provided for in sections 135.01 to
135.21 | 27861 |
| 27862 | |
| thousand dollars of the money on deposit at any one time in the | 27863 |
| water conservation improvement fund, and an amount not to exceed | 27864 |
| ten thousand dollars in the water conservation fund shall be held | 27865 |
|
by any of | 27866 |
| shall pay the treasurer of state on such deposits, both active and | 27867 |
| inactive, the same rate of interest then being paid by them upon | 27868 |
| the funds of the state then deposited with them by the treasurer | 27869 |
| of state. All such payments of interest shall be credited to the | 27870 |
| respective funds upon which such interest is paid. | 27871 |
| Sec. 1523.08. When the cost of any repairs to the | 27872 |
| improvements authorized by section 1523.01 of the Revised Code | 27873 |
| does not exceed one thousand dollars, the chief of the division of | 27874 |
| soil and water | 27875 |
|
make such
repairs | 27876 |
| advertising for bids. If the cost of any such repairs is in excess | 27877 |
| of one thousand dollars, the chief shall advertise for bids for | 27878 |
| the making of such repairs and let a contract therefor as provided | 27879 |
| in section 1523.03 of the Revised Code. | 27880 |
| When itemized statements are presented to the chief showing | 27881 |
| the amount of labor performed and material furnished in the making | 27882 |
| of such repairs, verified by the person making them and approved | 27883 |
| in writing by the chief, the chief shall pay the amount of such | 27884 |
| statement from the water conservation fund. | 27885 |
| Sec. 1523.09. If a reservoir, dam, storage basin, or other | 27886 |
| improvement constructed or enlarged by the chief of the division | 27887 |
| of soil and water resources as provided in sections 1523.01 to | 27888 |
| 1523.13 of the Revised Code constitutes a part of the canal system | 27889 |
| of the state or is located upon any river, stream, or body of | 27890 |
| water formerly used as a feeder for the canal system, no water | 27891 |
|
shall be sold
or leased from the improvement | 27892 |
| in accordance with section 1520.03 of the Revised Code. | 27893 |
| Sec. 1523.10. The funds derived from the sale, use, or lease | 27894 |
| of the water impounded and conserved or the power generated by the | 27895 |
|
improvements constructed
pursuant to sections 1523.01 to 1523.13 | 27896 |
| 27897 | |
| improvements adjacent thereto are hereby expressly pledged for the | 27898 |
|
purpose of maintaining and keeping | 27899 |
| and for the payment of the interest on and principal of the bonds | 27900 |
| issued under section 1523.02 of the Revised Code, as the same fall | 27901 |
| due and mature. The owners of such bonds are hereby given a lien | 27902 |
| for the payment of the principal and interest of such bonds upon | 27903 |
| any dam, reservoir, storage basin, or other improvements, or any | 27904 |
| part thereof, with the appurtenances belonging thereto, | 27905 |
| constructed by the chief of the division of soil and water | 27906 |
| resources with the funds derived from the sale of such bonds. | 27907 |
| If default is made in the payment of the interest on any of | 27908 |
| 27909 | |
| aggregating in par value not less than ten per cent of the total | 27910 |
| amount of such bonds then outstanding are not paid at maturity, | 27911 |
|
then all of | 27912 |
|
become due and payable, and the owners of any of | 27913 |
| aggregating in par value not less than ten per cent of the total | 27914 |
| amount of such bonds then outstanding, may institute proceedings | 27915 |
| to foreclose such lien against the state in the court of common | 27916 |
|
pleas of the county in which is located any of
| 27917 |
| improvements, constructed, altered, or enlarged out of the | 27918 |
| proceeds of the sale of such bonds. | 27919 |
| | 27920 |
| full power to foreclose such lien and to make an order to the | 27921 |
|
sheriff of | 27922 |
|
directing | 27923 |
| part thereof at not less than two-thirds of the appraised value | 27924 |
| thereof, and upon such terms and in manner and form as provided | 27925 |
|
for in | 27926 |
| clerk of the court of common pleas. Upon motion of the purchaser | 27927 |
| of such improvements at such sale, the court, if such sale is | 27928 |
| found to be regular in all respects and according to law, shall | 27929 |
| confirm the sale and order the sheriff to execute a deed to such | 27930 |
|
purchaser and
| 27931 |
| purchaser and the purchaser's assigns all the right, title, and | 27932 |
|
interest
of the
holders of | 27933 |
| improvements, and all the right, title, and interest of the state, | 27934 |
| for a period of not more than fifty years from the date of such | 27935 |
|
conveyance, in the same, with full right and franchise, for | 27936 |
| the period of not to exceed fifty years, to operate | 27937 |
| improvements and dispose of the water conserved or the power | 27938 |
|
generated thereby, with the
further right, for | 27939 |
|
fifty years, to flow, transport, and convey
| 27940 |
| 27941 | |
| thereby through, over, and upon any of the lands of the state or | 27942 |
| channels or beds of any of its reservoirs, lakes, canals, races, | 27943 |
| aqueducts, or watercourses. In the exercise of such rights, such | 27944 |
|
purchaser or | 27945 |
|
the term of | 27946 |
| to them in a good state of repair and shall not interfere with the | 27947 |
| navigation of the canals of the state or with the control and | 27948 |
| maintenance thereof or with the sale of water by the state from | 27949 |
| its dams, reservoirs, and improvements other than those so | 27950 |
| constructed. The state does not incur any liability by reason of | 27951 |
| such sale and the rights granted thereunder to continue to | 27952 |
| maintain such canals, races, channels, or watercourses, or to | 27953 |
| continue the use thereof. Such conveyance or grant by the sheriff | 27954 |
| as such master commissioner shall contain a clause giving the | 27955 |
| chief such control of waste gates and wickets as to regulate the | 27956 |
| flow of water in the state reservoirs or canals, in such manner as | 27957 |
| to maintain the proper level therein and to prevent the flowing | 27958 |
| into such reservoirs and canals of such quantities of water as | 27959 |
| might impair any of the property of the state or its lessees, | 27960 |
| except as otherwise provided in section 1520.03 of the Revised | 27961 |
| Code. | 27962 |
| Upon the foreclosure of | 27963 |
| the improvements, all contracts or leases for the sale, use, or | 27964 |
| lease of water, the lands and improvements adjacent thereto, or | 27965 |
| power rights then outstanding shall become void, and the rights of | 27966 |
| the state and the several lessees thereunder, shall cease. | 27967 |
| Upon the making of an order by the court for the sale of such | 27968 |
| improvements, and before they are offered for sale by the sheriff, | 27969 |
| the court shall appoint three disinterested appraisers, one of | 27970 |
| whom shall be a water-works or hydraulic engineer with at least | 27971 |
|
five years' experience in the practice of
| 27972 |
| profession, and two of whom shall be freeholders residing in the | 27973 |
|
county in
which any of such improvements are located. | 27974 |
|
appraisers shall appraise
| 27975 |
| the time fixed by the court, file such appraisal in writing with | 27976 |
| the clerk. If the lien given by this section as security for the | 27977 |
|
payment of | 27978 |
|
improvements, | 27979 |
| improvements as an entirety, and shall also appraise separately | 27980 |
|
the part constructed from the proceeds of
the sale of | 27981 |
| bonds, the lien of which is being foreclosed in such proceeding. | 27982 |
| In making such appraisal and fixing the value of | 27983 |
|
improvements or of such
part thereof, | 27984 |
| have access to all papers and documents on file in the office of | 27985 |
| the chief relating to such improvements, including the plans and | 27986 |
| specifications therefor, and the bids made and contracts entered | 27987 |
| into for the construction thereof, and all leases and contracts | 27988 |
| for the sale of water impounded therein and power generated | 27989 |
| thereby. The order of the court shall direct the sale only of such | 27990 |
|
part of | 27991 |
|
proceeds of the sale of | 27992 |
| sale, in the operation of such improvements during the term of the | 27993 |
|
franchise granted to | 27994 |
| from the dam or reservoir impounding such water only such portion | 27995 |
| thereof as the appraised value of that part of such improvements, | 27996 |
| constructed from the proceeds of the sale of such bonds and sold | 27997 |
|
to | 27998 |
| entire appraised value of such improvements. | 27999 |
| If at any time during the term of the franchise granted to | 28000 |
| the purchaser of such improvements at such foreclosure sale any | 28001 |
|
controversy arises between
| 28002 |
| purchaser's assigns and the chief as to the operation of such | 28003 |
|
improvements, or as
to the amount of water which | 28004 |
|
purchaser is drawing or is entitled to draw
therefrom, either | 28005 |
| the purchaser or | 28006 |
| court, setting forth the facts connected with such controversy. | 28007 |
| Notice in writing of the filing of such petition shall be | 28008 |
|
given to the
opposite party to | 28009 |
| days from the date of the filing thereof, either by service of | 28010 |
| such notice personally upon such opposite party by the sheriff of | 28011 |
| such county or by service by mail by the clerk. Such notice shall | 28012 |
| be mailed to the name and address which the purchaser filed with | 28013 |
| 28014 | |
| sheriff of the deed. Within thirty days from the serving or | 28015 |
|
mailing of such notice, the
opposite party to | 28016 |
|
shall file | 28017 |
|
court shall hear and determine | 28018 |
| order in regard to it as is just and proper, which order shall be | 28019 |
|
binding upon
all the parties to | 28020 |
| At the termination of | 28021 |
|
years, all of the
rights and privileges conveyed to | 28022 |
| purchaser by the deed and grant of such sheriff as master | 28023 |
|
commissioner shall cease and | 28024 |
| appurtenances belonging thereto, shall revert to and become the | 28025 |
| property of the state, free and clear of any claims whatever | 28026 |
| against them. | 28027 |
| The clerk shall distribute and pay the money received by | 28028 |
| the clerk from the sheriff as such master commissioner from the | 28029 |
|
sale of such improvements to the holders
of | 28030 |
|
rata, and upon such payment to any of | 28031 |
|
shall surrender to the | 28032 |
| interest coupons thereon. The clerk shall thereupon cancel the | 28033 |
| same and deliver them, so canceled, to the treasurer of the water | 28034 |
| conservation improvement fund. | 28035 |
| Sec. 1523.11. All appropriations of property made by the | 28036 |
| chief of the division of soil and water resources in carrying out | 28037 |
|
sections 1523.01 to 1523.13 | 28038 |
|
be made in accordance with sections 163.01 to 163.22 | 28039 |
| of the Revised Code, provided that possession of any property so | 28040 |
| appropriated shall not be taken by the state or the chief before | 28041 |
| the compensation and damages awarded therefor in the appropriation | 28042 |
| proceedings have been paid into court. | 28043 |
| Sec. 1523.12. Sections 1523.01 to 1523.13 | 28044 |
| Revised Code do not authorize any reduction in the quantity or any | 28045 |
| impairment in the quality of the water in any watershed, stream, | 28046 |
| or basin, developed or undeveloped, from which any political | 28047 |
| subdivision is, at the time the chief of the division of soil and | 28048 |
| water resources proposes and is proceeding to construct in such | 28049 |
| watershed, stream, or basin any of the improvements authorized by | 28050 |
| such sections, taking water for the use of itself or its | 28051 |
| inhabitants, or has plans under way, or has made or begun | 28052 |
| appropriation of any property or rights in such watershed, stream, | 28053 |
| or basin for the purpose of acquiring a water supply for itself or | 28054 |
| its inhabitants for either domestic, industrial, or other uses. | 28055 |
| Such sections do not authorize the chief to sell or lease the | 28056 |
| right to use water at any time for any purpose or to such an | 28057 |
| extent as to prejudice, abrogate, or supersede any of the water | 28058 |
| rights granted by the state to the city of Akron as provided in | 28059 |
|
volume 102, Ohio Laws, page 175, sections 1 to 3 | 28060 |
| Sec. 1523.13. If by reason of severe drought or other causes | 28061 |
| the water supply of any political subdivision is, in the judgment | 28062 |
| of the chief of the division of soil and water resources, at any | 28063 |
| time so reduced or impaired as to endanger the property of such | 28064 |
| political subdivision, or the health, safety, or property of the | 28065 |
|
inhabitants thereof, then the chief, under such regulations as | 28066 |
| the chief prescribes, may grant to such political subdivision the | 28067 |
| right, during the continuance of such emergency, to draw or take | 28068 |
| such quantity of water as is necessary to protect the property of | 28069 |
| such political subdivision and the health, safety, or property of | 28070 |
| its inhabitants from any improvement constructed under sections | 28071 |
|
1523.01 to 1523.13 | 28072 |
| the lessees or grantees of the state using the water for | 28073 |
| industrial purposes take water therefrom. Such political | 28074 |
| subdivision shall pay such price per thousand gallons for the | 28075 |
| water so taken by it as is fixed by the chief and the governor. | 28076 |
| The price so fixed shall not exceed the maximum price then being | 28077 |
| paid for water to the state by any of its lessees or grantees. | 28078 |
| Such grant by the chief to such political subdivision shall not | 28079 |
| modify the terms or impair the validity of any leases then | 28080 |
| existing between the state and other persons, firms, or | 28081 |
| corporations, except as expressly provided in this section. | 28082 |
| Sec. 1523.14. The director of transportation in constructing | 28083 |
| highways, bridges, and culverts as provided by law; the board of | 28084 |
| county commissioners in constructing highways, bridges, and | 28085 |
| culverts as provided by law; the board of township trustees of any | 28086 |
| township in constructing highways, bridges, and culverts as | 28087 |
| provided by law; and any municipal corporation constructing or | 28088 |
| improving viaducts, bridges, and culverts under section 717.01 of | 28089 |
| the Revised Code, either severally or jointly, upon request of the | 28090 |
| chief of the division of soil and water resources and with the | 28091 |
| approval of the director of transportation, may construct and | 28092 |
|
maintain
slack-water dams in connection with | 28093 |
| highway bridge, or culvert so as to create reservoirs, ponds, | 28094 |
| water parks, basins, lakes, or other incidental works to conserve | 28095 |
| the water supply of the state. | 28096 |
| Sec. 1523.15. The chief of the division of soil and water | 28097 |
| 28098 | |
| authority having charge of the construction of state, county, or | 28099 |
| township highways, highway bridges, and culverts, or municipal | 28100 |
| streets, for the construction of slack-water dams in connection | 28101 |
| with the construction of any such highway, street, highway bridge, | 28102 |
|
or
culvert whenever, in | 28103 |
| of such dam is desirable and feasible for the economical creation | 28104 |
| and construction of reservoirs, ponds, water parks, basins, lakes, | 28105 |
| or other incidental works for the conservation of the water supply | 28106 |
| of the state. | 28107 |
| The public authority having charge of such construction may | 28108 |
| approve such request when, in its opinion, the construction of | 28109 |
| such dams will not unnecessarily delay or hinder the construction | 28110 |
| of the highway, street, highway bridge, or culvert, or will not | 28111 |
| interfere with its value or use for highway purposes. | 28112 |
| If such request is approved, the chief, in cooperation with | 28113 |
| the department of transportation and the public authority | 28114 |
| participating in the project, shall make a survey and prepare | 28115 |
| plans, specifications, and estimates for the construction of such | 28116 |
| dams and the reservoir, pond, water park, basin, lake, or other | 28117 |
| incidental works in connection therewith. | 28118 |
| Upon approval of the plans and specifications and | 28119 |
| determination to proceed with the project, the chief shall enter | 28120 |
| into an agreement with the public authority on the distribution of | 28121 |
| the cost and expense of the construction of such dams and | 28122 |
| incidental works in connection therewith. The portion of the cost | 28123 |
| to be paid by the division of soil and water resources shall be | 28124 |
| paid from any funds appropriated for or paid into the division and | 28125 |
| available for such purpose. | 28126 |
| Such dams shall be constructed under and subject to any laws | 28127 |
| governing the construction of state, county, or township highways, | 28128 |
| bridges, or culverts. Any public authority undertaking | 28129 |
| construction under sections 1523.14 to 1523.20 of the Revised Code | 28130 |
| shall proceed in the same manner as provided for the construction | 28131 |
| of highway or street improvements. | 28132 |
| Sec. 1523.16. Any department or division of the state | 28133 |
| government, or any county, township, municipal corporation, park | 28134 |
| board, or district, or any organization, club, corporation, or | 28135 |
| private person may petition the chief of the division of soil and | 28136 |
| water resources for the construction of dams and reservoir | 28137 |
| projects in connection with the construction of any highway, | 28138 |
| highway bridge, or culvert. | 28139 |
| Upon receipt of such a petition and its approval by the | 28140 |
|
chief, | 28141 |
| of the Revised Code. If the public authority having charge of the | 28142 |
| construction of such highway, street, highway bridge, or culvert | 28143 |
| approves the request, then the chief shall enter into an agreement | 28144 |
| with the public authority, organization, or person petitioning for | 28145 |
| the construction of such dam or reservoir on the apportionment of | 28146 |
| the cost and expense of construction. The cost and expense of such | 28147 |
| dam project shall include the cost of clearing and grubbing and | 28148 |
| the cost of property and damages incidental thereto. Such | 28149 |
| agreement shall also contain provisions for the proper maintenance | 28150 |
| and repair of such projects after completion, and also apportion | 28151 |
| the revenue derived therefrom between the division of soil and | 28152 |
| water resources and the petitioner. | 28153 |
| Sec. 1523.17. In all cases in which a public authority, | 28154 |
| private organization, or person petitions for the construction of | 28155 |
|
a dam and reservoir project as authorized by | 28156 |
| 1523.14 to 1523.20 of the Revised Code, the chief of the division | 28157 |
|
of soil and water
| 28158 |
| condition precedent to the construction of such project, shall | 28159 |
| require the petitioning authority, organization, or person to pay | 28160 |
| 28161 | |
| of the cost and expense of such project. | 28162 |
| Any deficiency shall be made up by the parties bearing the | 28163 |
| cost before any further work is done. If the deficiency is not | 28164 |
| made up within sixty days after it is known, the amount paid in, | 28165 |
| less the expense incurred by the chief and the cooperating public | 28166 |
| authorities, shall be refunded to the donor. After completion of | 28167 |
| the work, any amount remaining to the credit of the project shall | 28168 |
| likewise be refunded. | 28169 |
| Sec. 1523.18. In the construction of dams, reservoirs, and | 28170 |
| other incidental works under sections 1523.14 to 1523.20 of the | 28171 |
| Revised Code, the chief of the division of soil and water | 28172 |
| resources shall proceed as provided by law, and shall enter into | 28173 |
| contracts therefor as provided in sections 153.01 to 153.29 of the | 28174 |
| Revised Code. The director of transportation, the chief of the | 28175 |
| division of wildlife with the approval of the director of natural | 28176 |
| resources, and any county, township, municipal corporation, and | 28177 |
| public park board or district may proceed with the letting of | 28178 |
| contracts for the construction of such dams or reservoir projects, | 28179 |
| approved by the chief of the division of soil and water resources, | 28180 |
| under any laws regulating the letting of contracts applicable to | 28181 |
| their respective departments, divisions, districts, or political | 28182 |
| subdivisions, and the authority of sections 1523.14 to 1523.20 of | 28183 |
| the Revised Code. | 28184 |
| Sec. 1523.19. The chief of the division of soil and water | 28185 |
| resources shall have the supervision, care, and control of all | 28186 |
| dams, reservoirs, ponds, water parks, basins, lakes, or other | 28187 |
|
incidental works constructed under sections 1523.14 to 1523.20 | 28188 |
| 28189 | |
| in repair. The cost of such maintenance and repair shall be paid | 28190 |
| from any funds appropriated to the division of soil and water | 28191 |
| resources for that purpose or paid into the state treasury as | 28192 |
| agreed upon with the public or contracting authorities | 28193 |
| co-operating in the construction of such projects. | 28194 |
| Such projects may also be maintained by any department or | 28195 |
| division of state government or other public authorities leasing | 28196 |
|
or operating the projects,
through agreements made with | 28197 |
| chief. All rentals derived from the lessees of such projects shall | 28198 |
|
be used by | 28199 |
| projects constructed under such sections. The costs and expenses | 28200 |
| of the reconstruction of any such projects shall be distributed, | 28201 |
| unless otherwise agreed, on the same basis and pro-rata share of | 28202 |
| the costs and expenses as was paid by the contracting authorities | 28203 |
| contributing to the cost of the original project. | 28204 |
| Sec. 1523.20. When the chief of the division of soil and | 28205 |
| water resources and the owners of the lands, waters, or riparian | 28206 |
| rights are unable to agree upon the terms, purchase price, and | 28207 |
| sale thereof, the chief may acquire the lands by appropriation | 28208 |
| proceedings in the manner provided by sections 163.01 to 163.22 of | 28209 |
| the Revised Code. | 28210 |
| The title or lease to any such lands, waters, or riparian | 28211 |
| rights shall be taken by the chief, subject to the approval of the | 28212 |
| governor and the attorney general, in the name of the state. The | 28213 |
| lease rentals or purchase price of any such lands, waters, or | 28214 |
| riparian rights, as well as all costs and expenses of constructing | 28215 |
| any such reservoirs, ponds, water parks, basins, lakes, or other | 28216 |
| incidental works on those lands, may be paid for from any funds | 28217 |
| appropriated for the use of or paid into the division of soil and | 28218 |
| water resources and available for that purpose. The chief may | 28219 |
| accept contributions to those funds from individuals, | 28220 |
| associations, clubs, organizations, and corporations. | 28221 |
| Sec. 1531.01. As used in this chapter and Chapter 1533. of | 28222 |
| the Revised Code: | 28223 |
| (A) "Person" means a person as defined in section 1.59 of the | 28224 |
| Revised Code or a company; an employee, agent, or officer of such | 28225 |
| a person or company; a combination of individuals; the state; a | 28226 |
| political subdivision of the state; an interstate body created by | 28227 |
| a compact; or the federal government or a department, agency, or | 28228 |
| instrumentality of it. | 28229 |
| (B) "Resident" means any individual who has resided in this | 28230 |
| state for not less than six months next preceding the date of | 28231 |
| making application for a license. | 28232 |
| (C) "Nonresident" means any individual who does not qualify | 28233 |
| as a resident. | 28234 |
| (D) "Division rule" or "rule" means any rule adopted by the | 28235 |
| chief of the division of wildlife under section 1531.10 of the | 28236 |
| Revised Code unless the context indicates otherwise. | 28237 |
| (E) "Closed season" means that period of time during which | 28238 |
| the taking of wild animals protected by this chapter and Chapter | 28239 |
| 1533. of the Revised Code is prohibited. | 28240 |
| (F) "Open season" means that period of time during which the | 28241 |
| taking of wild animals protected by this chapter and Chapter 1533. | 28242 |
| of the Revised Code is permitted. | 28243 |
| (G) "Take or taking" includes pursuing, shooting, hunting, | 28244 |
| killing, trapping, angling, fishing with a trotline, or netting | 28245 |
| any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 28246 |
| wild bird, or wild quadruped, and any lesser act, such as | 28247 |
| wounding, or placing, setting, drawing, or using any other device | 28248 |
| for killing or capturing any wild animal, whether it results in | 28249 |
| killing or capturing the animal or not. "Take or taking" includes | 28250 |
| every attempt to kill or capture and every act of assistance to | 28251 |
| any other person in killing or capturing or attempting to kill or | 28252 |
| capture a wild animal. | 28253 |
| (H) "Possession" means both actual and constructive | 28254 |
| possession and any control of things referred to. | 28255 |
| (I) "Bag limit" means the number, measurement, or weight of | 28256 |
| any kind of crayfish, aquatic insects, fish, frogs, turtles, wild | 28257 |
| birds, and wild quadrupeds permitted to be taken. | 28258 |
| (J) "Transport and transportation" means carrying or moving | 28259 |
| or causing to be carried or moved. | 28260 |
| (K) "Sell and sale" means barter, exchange, or offer or | 28261 |
| expose for sale. | 28262 |
| (L) "Whole to include part" means that every provision | 28263 |
| relating to any wild animal protected by this chapter and Chapter | 28264 |
| 1533. of the Revised Code applies to any part of the wild animal | 28265 |
| with the same effect as it applies to the whole. | 28266 |
| (M) "Angling" means fishing with not more than two hand | 28267 |
| lines, not more than two units of rod and line, or a combination | 28268 |
| of not more than one hand line and one rod and line, either in | 28269 |
| hand or under control at any time while fishing. The hand line or | 28270 |
| rod and line shall have attached to it not more than three baited | 28271 |
| hooks, not more than three artificial fly rod lures, or one | 28272 |
| artificial bait casting lure equipped with not more than three | 28273 |
| sets of three hooks each. | 28274 |
| (N) "Trotline" means a device for catching fish that consists | 28275 |
| of a line having suspended from it, at frequent intervals, | 28276 |
| vertical lines with hooks attached. | 28277 |
| (O) "Fish" means a cold-blooded vertebrate having fins. | 28278 |
| (P) "Measurement of fish" means length from the end of the | 28279 |
| nose to the longest tip or end of the tail. | 28280 |
| (Q) "Wild birds" includes game birds and nongame birds. | 28281 |
| (R) "Game" includes game birds, game quadrupeds, and | 28282 |
| fur-bearing animals. | 28283 |
| (S) "Game birds" includes mourning doves, ringneck pheasants, | 28284 |
| bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated | 28285 |
| grouse, wild turkey, Hungarian partridge, Chukar partridge, | 28286 |
| woodcocks, black-breasted plover, golden plover, Wilson's snipe or | 28287 |
| jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, | 28288 |
| duck, geese, brant, and crows. | 28289 |
| (T) "Nongame birds" includes all other wild birds not | 28290 |
| included and defined as game birds or migratory game birds. | 28291 |
| (U) "Wild quadrupeds" includes game quadrupeds and | 28292 |
| fur-bearing animals. | 28293 |
| (V) "Game quadrupeds" includes cottontail rabbits, gray | 28294 |
| squirrels, black squirrels, fox squirrels, red squirrels, flying | 28295 |
| squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, | 28296 |
| wild boar, and black bears. | 28297 |
| (W) "Fur-bearing animals" includes minks, weasels, raccoons, | 28298 |
| skunks, opossums, muskrats, fox, beavers, badgers, otters, | 28299 |
| coyotes, and bobcats. | 28300 |
| (X) "Wild animals" includes mollusks, crustaceans, aquatic | 28301 |
| insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, | 28302 |
| and all other wild mammals, but does not include domestic deer. | 28303 |
| (Y) "Hunting" means pursuing, shooting, killing, following | 28304 |
| after or on the trail of, lying in wait for, shooting at, or | 28305 |
| wounding wild birds or wild quadrupeds while employing any device | 28306 |
| commonly used to kill or wound wild birds or wild quadrupeds | 28307 |
| whether or not the acts result in killing or wounding. "Hunting" | 28308 |
| includes every attempt to kill or wound and every act of | 28309 |
| assistance to any other person in killing or wounding or | 28310 |
| attempting to kill or wound wild birds or wild quadrupeds. | 28311 |
| (Z) "Trapping" means securing or attempting to secure | 28312 |
| possession of a wild bird or wild quadruped by means of setting, | 28313 |
| placing, drawing, or using any device that is designed to close | 28314 |
| upon, hold fast, confine, or otherwise capture a wild bird or wild | 28315 |
| quadruped whether or not the means results in capture. "Trapping" | 28316 |
| includes every act of assistance to any other person in capturing | 28317 |
| wild birds or wild quadrupeds by means of the device whether or | 28318 |
| not the means results in capture. | 28319 |
| (AA) "Muskrat spear" means any device used in spearing | 28320 |
| muskrats. | 28321 |
| (BB) "Channels and passages" means those narrow bodies of | 28322 |
| water lying between islands or between an island and the mainland | 28323 |
| in Lake Erie. | 28324 |
| (CC) "Island" means a rock or land elevation above the waters | 28325 |
| of Lake Erie having an area of five or more acres above water. | 28326 |
| (DD) "Reef" means an elevation of rock, either broken or in | 28327 |
| place, or gravel shown by the latest United States chart to be | 28328 |
| above the common level of the surrounding bottom of the lake, | 28329 |
| other than the rock bottom, or in place forming the base or | 28330 |
| foundation rock of an island or mainland and sloping from the | 28331 |
| shore of it. "Reef" also means all elevations shown by that chart | 28332 |
| to be above the common level of the sloping base or foundation | 28333 |
| rock of an island or mainland, whether running from the shore of | 28334 |
| an island or parallel with the contour of the shore of an island | 28335 |
| or in any other way and whether formed by rock, broken or in | 28336 |
| place, or from gravel. | 28337 |
| (EE) "Fur farm" means any area used exclusively for raising | 28338 |
| fur-bearing animals or in addition thereto used for hunting game, | 28339 |
| the boundaries of which are plainly marked as such. | 28340 |
| (FF) "Waters" includes any lake, pond, reservoir, stream, | 28341 |
| channel, lagoon, or other body of water, or any part thereof, | 28342 |
| whether natural or artificial. | 28343 |
| (GG) "Crib" or "car" refers to that particular compartment of | 28344 |
| the net from which the fish are taken when the net is lifted. | 28345 |
| (HH) "Commercial fish" means those species of fish permitted | 28346 |
| to be taken, possessed, bought, or sold unless otherwise | 28347 |
| restricted by the Revised Code or division rule and are alewife | 28348 |
| (Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin | 28349 |
| (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), | 28350 |
| smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus | 28351 |
| cyprinellus), black bullhead (Ictalurus melas), yellow bullhead | 28352 |
| (Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel | 28353 |
| catfish (Ictalurus punctatus), flathead catfish (Pylodictis | 28354 |
| olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), | 28355 |
| freshwater drum or sheepshead (Aplodinotus grunniens), gar | 28356 |
| (Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish | 28357 |
| (Carassius auratus), lake trout (Salvelinus namaycush), mooneye | 28358 |
| (Hiodon tergisus), quillback (Carpiodes cyprinus), smelt | 28359 |
| (Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus | 28360 |
| sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other | 28361 |
| than buffalo and quillback (Carpiodes sp., Catostomus sp., | 28362 |
| Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone | 28363 |
| chrysops), white perch (Roccus americanus), and yellow perch | 28364 |
| (Perca flavescens). When the common name of a fish is used in this | 28365 |
| chapter or Chapter 1533. of the Revised Code, it refers to the | 28366 |
| fish designated by the scientific name in this definition. | 28367 |
| (II) "Fishing" means taking or attempting to take fish by any | 28368 |
| method, and all other acts such as placing, setting, drawing, or | 28369 |
| using any device commonly used to take fish whether resulting in a | 28370 |
| taking or not. | 28371 |
| (JJ) "Fillet" means the pieces of flesh taken or cut from | 28372 |
| both sides of a fish, joined to form one piece of flesh. | 28373 |
| (KK) "Part fillet" means a piece of flesh taken or cut from | 28374 |
| one side of a fish. | 28375 |
| (LL) "Round" when used in describing fish means with head and | 28376 |
| tail intact. | 28377 |
| (MM) "Migrate" means the transit or movement of fish to or | 28378 |
| from one place to another as a result of natural forces or | 28379 |
| instinct and includes, but is not limited to, movement of fish | 28380 |
| induced or caused by changes in the water flow. | 28381 |
| (NN) "Spreader bar" means a brail or rigid bar placed across | 28382 |
| the entire width of the back, at the top and bottom of the cars in | 28383 |
| all trap, crib, and fyke nets for the purpose of keeping the | 28384 |
| meshes hanging squarely while the nets are fishing. | 28385 |
| (OO) "Fishing guide" means any person who, for consideration | 28386 |
| or hire, operates a boat, rents, leases, or otherwise furnishes | 28387 |
| angling devices, ice fishing shanties or shelters of any kind, or | 28388 |
| other fishing equipment, and accompanies, guides, directs, or | 28389 |
| assists any other person in order for the other person to engage | 28390 |
| in fishing. | 28391 |
| (PP) "Net" means fishing devices with meshes composed of | 28392 |
| twine or synthetic material and includes, but is not limited to, | 28393 |
| trap nets, fyke nets, crib nets, carp aprons, dip nets, and | 28394 |
| seines, except minnow seines and minnow dip nets. | 28395 |
| (QQ) "Commercial fishing gear" means seines, trap nets, fyke | 28396 |
| nets, dip nets, carp aprons, trotlines, other similar gear, and | 28397 |
| any boat used in conjunction with that gear, but does not include | 28398 |
| gill nets. | 28399 |
| (RR) "Native wildlife" means any species of the animal | 28400 |
| kingdom indigenous to this state. | 28401 |
| (SS) "Gill net" means a single section of fabric or netting | 28402 |
| seamed to a float line at the top and a lead line at the bottom, | 28403 |
| which is designed to entangle fish in the net openings as they | 28404 |
| swim into it. | 28405 |
| (TT) "Tag fishing tournament" means a contest in which a | 28406 |
| participant pays a fee, or gives other valuable consideration, for | 28407 |
| a chance to win a prize by virtue of catching a tagged or | 28408 |
| otherwise specifically marked fish within a limited period of | 28409 |
| time. | 28410 |
| (UU) "Tenant" means an individual who resides on land for | 28411 |
| which the individual pays rent and whose annual income is | 28412 |
| primarily derived from agricultural production conducted on that | 28413 |
| land, as "agricultural production" is defined in section 929.01 of | 28414 |
| the Revised Code. | 28415 |
| (VV) "Nonnative wildlife" means any wild animal not | 28416 |
| indigenous to this state, but does not include domestic deer. | 28417 |
| (WW) "Reptiles" includes common musk turtle (sternotherus | 28418 |
| odoratus), common snapping turtle (Chelydra serpentina | 28419 |
| serpentina), spotted turtle (Clemmys guttata), eastern box turtle | 28420 |
| (Terrapene carolina carolina), Blanding's turtle (Emydoidea | 28421 |
| blandingii), common map turtle (Graptemys geographica), ouachita | 28422 |
| map turtle (Graptemys pseudogeographica ouachitensis), midland | 28423 |
| painted turtle (Chrysemys picta marginata), red-eared slider | 28424 |
| (Trachemys scripta elegans), eastern spiny softshell turtle | 28425 |
| (Apalone spinifera spinifera), midland smooth softshell turtle | 28426 |
| (Apalone mutica mutica), northern fence lizard (Sceloporus | 28427 |
| undulatus hyacinthinus), ground skink (Scincella lateralis), | 28428 |
| five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces | 28429 |
| laticeps), northern coal skink (Eumeces anthracinus anthracinus), | 28430 |
| European wall lizard (Podarcis muralis), queen snake (Regina | 28431 |
| septemvittata), Kirtland's snake (Clonophis kirtlandii), northern | 28432 |
| water snake (Nerodia sipedon sipedon), Lake Erie watersnake | 28433 |
| (Nerodia sipedon insularum), copperbelly water snake (Nerodia | 28434 |
| erythrogaster neglecta), northern brown snake (Storeria dekayi | 28435 |
| dekayi), midland brown snake (Storeria dekayi wrightorum), | 28436 |
| northern redbelly snake (Storeria occipitomaculata | 28437 |
| occipitomaculata), eastern garter snake (Thamnophis sirtalis | 28438 |
| sirtalis), eastern plains garter snake (Thamnophis radix radix), | 28439 |
| Butler's garter snake (Thamnophis butleri), shorthead garter snake | 28440 |
| (Thamnophis brachystoma), eastern ribbon snake (Thamnophis | 28441 |
| sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 28442 |
| septentrionalis), eastern hognose snake (Heterodon platirhinos), | 28443 |
| eastern smooth earth snake (Virginia valeriae valeriae), northern | 28444 |
| ringneck snake (Diadophis punctatus edwardsii), midwest worm snake | 28445 |
| (Carphophis amoenus helenae), eastern worm snake (Carphophis | 28446 |
| amoenus amoenus), black racer (Coluber constrictor constrictor), | 28447 |
| blue racer (Coluber constrictor foxii), rough green snake | 28448 |
| (opheodrys aestivus), smooth green snake (opheodrys vernalis | 28449 |
| vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox | 28450 |
| snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis | 28451 |
| getula nigra), eastern milk snake (Lampropeltis triangulum | 28452 |
| triangulum), northern copperhead (Agkistrodon contortrix mokasen), | 28453 |
| eastern massasauga (Sistrurus catenatus catenatus), and timber | 28454 |
| rattlesnake (Crotalus horridus horridus). | 28455 |
| (XX) "Amphibians" includes eastern hellbender (Crytpobranchus | 28456 |
| alleganiensis alleganiensis), mudpuppy (Necturus maculosus | 28457 |
| maculosus), red-spotted newt (Notophthalmus viridescens | 28458 |
| viridescens), Jefferson salamander (Ambystoma jeffersonianum), | 28459 |
| spotted salamander (Ambystoma maculatum), blue-spotted salamander | 28460 |
| (Ambystoma laterale), smallmouth salamander (Ambystoma texanum), | 28461 |
| streamside salamander (Ambystoma barbouri), marbled salamander | 28462 |
| (Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum | 28463 |
| tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), | 28464 |
| mountain dusky salamander (Desmognathus ochrophaeus), redback | 28465 |
| salamander (Plethodon cinereus), ravine salamander (Plethodon | 28466 |
| richmondi), northern slimy salamander (Plethodon glutinosus), | 28467 |
| Wehrle's salamander (Plethodon wehrlei), four-toed salamander | 28468 |
| (Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus | 28469 |
| porphyriticus duryi), northern spring salamander (Gyrinophilus | 28470 |
| porphyriticus porphyriticus), mud salamander (Pseudotriton | 28471 |
| montanus), northern red salamander (Pseudotriton ruber ruber), | 28472 |
| green salamander (Aneides aeneus), northern two-lined salamander | 28473 |
| (Eurycea bislineata), longtail salamander (Eurycea longicauda | 28474 |
| longicauda), cave salamander (Eurycea lucifuga), southern | 28475 |
| two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo | 28476 |
| woodhousii fowleri), American toad (Bufo americanus), eastern | 28477 |
| spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris | 28478 |
| crepitans blanchardi), northern spring peeper (Pseudacris crucifer | 28479 |
| crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog | 28480 |
| (Hyla chrysoscelis), western chorus frog (Pseudacris triseriata | 28481 |
| triseriata), mountain chorus frog (Pseudacris brachyphona), | 28482 |
| bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), | 28483 |
| northern leopard frog (Rana pipiens), pickerel frog (Rana | 28484 |
| palustris), southern leopard frog (Rana utricularia), and wood | 28485 |
| frog (Rana sylvatica). | 28486 |
| (YY) "Deer" means white-tailed deer (Oddocoileus | 28487 |
| virginianus). | 28488 |
| (ZZ) "Domestic deer" means nonnative deer that have been | 28489 |
| legally acquired or their offspring and that are held in private | 28490 |
| ownership for primarily agricultural purposes. | 28491 |
| (AAA) "Migratory game bird" includes waterfowl (Anatidae); | 28492 |
| doves (Columbidae); cranes (Gruidae); cormorants | 28493 |
| (Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and | 28494 |
| woodcock and snipe (Scolopacidae). | 28495 |
| (BBB) "Accompany" means to go along with another person while | 28496 |
| staying within a distance from the person that enables | 28497 |
| uninterrupted, unaided visual and auditory communication. | 28498 |
| (CCC) "Electric-powered all-purpose vehicle" means any | 28499 |
| battery-powered self-propelled electric vehicle that is designed | 28500 |
| primarily for cross-country travel on land, water, or land and | 28501 |
| water and that is steered by wheels, caterpillar treads, or a | 28502 |
| combination of wheels and caterpillar treads and includes vehicles | 28503 |
| that operate on a cushion of air, vehicles commonly known as | 28504 |
| all-terrain vehicles, all-season vehicles, mini-bikes, and trail | 28505 |
| bikes. "Electric-powered all-purpose vehicle" does not include a | 28506 |
| utility vehicle as defined in section 4501.01 of the Revised Code, | 28507 |
| any vehicle that is principally used in playing golf, any motor | 28508 |
| vehicle or aircraft that is required to be registered under | 28509 |
| Chapter 4503. or 4561. of the Revised Code, or any vehicle that is | 28510 |
| excluded from the definition of "motor vehicle" as provided in | 28511 |
| division (B) of section 4501.01 of the Revised Code. | 28512 |
| (DDD) "Children" means biological or adopted sons or | 28513 |
| daughters and adopted stepsons or stepdaughters. | 28514 |
| (EEE) "Grandchildren" means the children of one's child. | 28515 |
| Sec. 1533.10. Except as provided in this section or division | 28516 |
| (A)(2) of section 1533.12 of the Revised Code, no person shall | 28517 |
| hunt any wild bird or wild quadruped without a hunting license. | 28518 |
| Each day that any person hunts within the state without procuring | 28519 |
| such a license constitutes a separate offense. Except as otherwise | 28520 |
| provided in this section, every applicant for a hunting license | 28521 |
| who is a resident of the state and eighteen years of age or more | 28522 |
| shall procure a resident hunting license or an apprentice resident | 28523 |
| hunting license, the fee for which shall be eighteen dollars | 28524 |
| unless the rules adopted under division (B) of section 1533.12 of | 28525 |
| the Revised Code provide for issuance of a resident hunting | 28526 |
| license to the applicant free of charge. Except as provided in | 28527 |
| rules adopted under division (B)(2) of that section, each | 28528 |
| applicant who is a resident of this state and who at the time of | 28529 |
| application is sixty-six years of age or older shall procure a | 28530 |
| special senior hunting license, the fee for which shall be | 28531 |
| one-half of the regular hunting license fee. Every applicant who | 28532 |
| is under the age of eighteen years shall procure a special youth | 28533 |
| hunting license or an apprentice youth hunting license, the fee | 28534 |
| for which shall be one-half of the regular hunting license fee. | 28535 |
| 28536 | |
|
and the
owner's children of any
age and grandchildren | 28537 |
| 28538 | |
| license. The tenant and children of the tenant, residing on lands | 28539 |
| in the state, may hunt on them without a hunting license. Except | 28540 |
| as otherwise provided in division (A)(1) of section 1533.12 of the | 28541 |
| Revised Code, every applicant for a hunting license who is a | 28542 |
| nonresident of the state and who is eighteen years of age or older | 28543 |
| shall procure a nonresident hunting license or an apprentice | 28544 |
| nonresident hunting license, the fee for which shall be one | 28545 |
| hundred twenty-four dollars unless the applicant is a resident of | 28546 |
| a state that is a party to an agreement under section 1533.91 of | 28547 |
| the Revised Code, in which case the fee shall be eighteen dollars. | 28548 |
| Apprentice resident hunting licenses, apprentice youth hunting | 28549 |
| licenses, and apprentice nonresident hunting licenses are subject | 28550 |
| to the requirements established under section 1533.102 of the | 28551 |
| Revised Code and rules adopted pursuant to it. | 28552 |
| The chief of the division of wildlife may issue a small game | 28553 |
| hunting license expiring three days from the effective date of the | 28554 |
| license to a nonresident of the state, the fee for which shall be | 28555 |
| thirty-nine dollars. No person shall take or possess deer, wild | 28556 |
| turkeys, fur-bearing animals, ducks, geese, brant, or any nongame | 28557 |
| animal while possessing only a small game hunting license. A | 28558 |
| small game hunting license or an apprentice nonresident hunting | 28559 |
| license does not authorize the taking or possessing of ducks, | 28560 |
| geese, or brant without having obtained, in addition to the small | 28561 |
| game hunting license or the apprentice nonresident hunting | 28562 |
| license, a wetlands habitat stamp as provided in section 1533.112 | 28563 |
| of the Revised Code. A small game hunting license or an | 28564 |
| apprentice nonresident hunting license does not authorize the | 28565 |
| taking or possessing of deer, wild turkeys, or fur-bearing | 28566 |
| animals. A nonresident of the state who wishes to take or possess | 28567 |
| deer, wild turkeys, or fur-bearing animals in this state shall | 28568 |
| procure, respectively, a deer or wild turkey permit as provided in | 28569 |
| section 1533.11 of the Revised Code or a fur taker permit as | 28570 |
| provided in section 1533.111 of the Revised Code in addition to a | 28571 |
| nonresident hunting license, an apprentice nonresident hunting | 28572 |
| license, a special youth hunting license, or an apprentice youth | 28573 |
| hunting license, as applicable, as provided in this section. | 28574 |
| No person shall procure or attempt to procure a hunting | 28575 |
| license by fraud, deceit, misrepresentation, or any false | 28576 |
| statement. | 28577 |
| This section does not authorize the taking and possessing of | 28578 |
| deer or wild turkeys without first having obtained, in addition to | 28579 |
| the hunting license required by this section, a deer or wild | 28580 |
| turkey permit as provided in section 1533.11 of the Revised Code | 28581 |
| or the taking and possessing of ducks, geese, or brant without | 28582 |
| first having obtained, in addition to the hunting license required | 28583 |
| by this section, a wetlands habitat stamp as provided in section | 28584 |
| 1533.112 of the Revised Code. | 28585 |
| This section does not authorize the hunting or trapping of | 28586 |
| fur-bearing animals without first having obtained, in addition to | 28587 |
| a hunting license required by this section, a fur taker permit as | 28588 |
| provided in section 1533.111 of the Revised Code. | 28589 |
| No hunting license shall be issued unless it is accompanied | 28590 |
| by a written explanation of the law in section 1533.17 of the | 28591 |
| Revised Code and the penalty for its violation, including a | 28592 |
| description of terms of imprisonment and fines that may be | 28593 |
| imposed. | 28594 |
| No hunting license, other than an apprentice hunting license, | 28595 |
| shall be issued unless the applicant presents to the agent | 28596 |
| authorized to issue the license a previously held hunting license | 28597 |
| or evidence of having held such a license in content and manner | 28598 |
| approved by the chief, a certificate of completion issued upon | 28599 |
| completion of a hunter education and conservation course approved | 28600 |
| by the chief, or evidence of equivalent training in content and | 28601 |
| manner approved by the chief. A previously held apprentice hunting | 28602 |
| license does not satisfy the requirement concerning the | 28603 |
| presentation of a previously held hunting license or evidence of | 28604 |
| it. | 28605 |
| No person shall issue a hunting license, except an apprentice | 28606 |
| hunting license, to any person who fails to present the evidence | 28607 |
| required by this section. No person shall purchase or obtain a | 28608 |
| hunting license, other than an apprentice hunting license, without | 28609 |
| presenting to the issuing agent the evidence required by this | 28610 |
| section. Issuance of a hunting license in violation of the | 28611 |
| requirements of this section is an offense by both the purchaser | 28612 |
| of the illegally obtained hunting license and the clerk or agent | 28613 |
| who issued the hunting license. Any hunting license issued in | 28614 |
| violation of this section is void. | 28615 |
| The chief, with approval of the wildlife council, shall adopt | 28616 |
| rules prescribing a hunter education and conservation course for | 28617 |
| first-time hunting license buyers, other than buyers of apprentice | 28618 |
| hunting licenses, and for volunteer instructors. The course shall | 28619 |
| consist of subjects including, but not limited to, hunter safety | 28620 |
| and health, use of hunting implements, hunting tradition and | 28621 |
| ethics, the hunter and conservation, the law in section 1533.17 of | 28622 |
| the Revised Code along with the penalty for its violation, | 28623 |
| including a description of terms of imprisonment and fines that | 28624 |
| may be imposed, and other law relating to hunting. Authorized | 28625 |
| personnel of the division or volunteer instructors approved by the | 28626 |
| chief shall conduct such courses with such frequency and at such | 28627 |
| locations throughout the state as to reasonably meet the needs of | 28628 |
| license applicants. The chief shall issue a certificate of | 28629 |
| completion to each person who successfully completes the course | 28630 |
| and passes an examination prescribed by the chief. | 28631 |
| Sec. 1541.03. All lands and waters dedicated and set apart | 28632 |
| for state park purposes shall be under the control and management | 28633 |
| of the division of parks and recreation, which shall protect, | 28634 |
| maintain, and keep them in repair. The division shall have the | 28635 |
| following powers over all such lands and waters: | 28636 |
| (A) To make alterations and improvements; | 28637 |
| (B) To construct and maintain dikes, wharves, landings, | 28638 |
| docks, dams, and other works; | 28639 |
| (C) To construct and maintain roads and drives in, around, | 28640 |
| upon, and to the lands and waters to make them conveniently | 28641 |
| accessible and useful to the public; | 28642 |
| (D) Except as otherwise provided in this section, to adopt, | 28643 |
| amend, and rescind, in accordance with Chapter 119. of the Revised | 28644 |
| Code, rules necessary for the proper management of state parks, | 28645 |
| bodies of water, and the lands adjacent to them under its | 28646 |
| jurisdiction and control, including the following: | 28647 |
| (1) Governing opening and closing times and dates of the | 28648 |
| parks; | 28649 |
| (2) Establishing fees and charges for use of facilities in | 28650 |
| state parks; | 28651 |
| (3) Governing camps, camping, and fees for camps and camping; | 28652 |
| (4) Governing the application for and rental of, rental fees | 28653 |
| for, and the use of cottages; | 28654 |
| (5) Relating to public use of state park lands, and governing | 28655 |
| the operation of motor vehicles, including speeds, and parking on | 28656 |
| those lands; | 28657 |
| (6) Governing all advertising within state parks and the | 28658 |
| requirements for the operation of places selling tangible personal | 28659 |
| property and control of food service sales on lands and waters | 28660 |
| under the control of the division, which rules shall establish | 28661 |
| uniform requirements; | 28662 |
| (7) Providing uniform standards relating to the size, type, | 28663 |
| location, construction, and maintenance of structures and devices | 28664 |
| used for fishing or moorage of watercraft, rowboats, sailboats, | 28665 |
| and powercraft, as those terms are defined in section 1547.01 of | 28666 |
| the Revised Code, over waters under the control of the division | 28667 |
| and establishing reasonable fees for the construction of and | 28668 |
| annual use permits for those structures and devices; | 28669 |
| (8) Governing state beaches, swimming, inflatable devices, | 28670 |
| and fees for them; | 28671 |
| (9) Governing the removal and disposition of any watercraft, | 28672 |
| rowboat, sailboat, or powercraft, as those terms are defined in | 28673 |
| section 1547.01 of the Revised Code, left unattended for more than | 28674 |
| seven days on any lands or waters under the control of the | 28675 |
| division; | 28676 |
| (10) Governing the establishment and collection of check | 28677 |
| collection charges for checks that are returned to the division or | 28678 |
| dishonored for any reason. | 28679 |
| (E) To coordinate and plan trails in accordance with section | 28680 |
| 1519.03 of the Revised Code; | 28681 |
| (F) To cooperate with the United States and agencies of it | 28682 |
| and with political subdivisions in administering federal | 28683 |
| recreation moneys under the "Land and Water Conservation Fund Act | 28684 |
| of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and | 28685 |
| distribute the statewide comprehensive outdoor recreation plan; | 28686 |
| and administer the state recreational vehicle fund created in | 28687 |
| section 4519.11 of the Revised Code; | 28688 |
| (G) To administer any state or federally funded grant program | 28689 |
| that is related to natural resources and recreation as considered | 28690 |
| necessary by the director of natural resources; | 28691 |
| (H) To assist the department of natural resources and its | 28692 |
| divisions by providing department-wide planning, capital | 28693 |
| improvements planning, and special purpose planning. | 28694 |
| With the approval of the director, the chief of the division | 28695 |
| of parks and recreation may enter into contracts or agreements | 28696 |
| with any agency of the United States government, any other public | 28697 |
| agency, or any private entity or organization for the performance | 28698 |
| of the duties of the division. | 28699 |
| The division shall adopt rules under this section | 28700 |
| establishing a discount program for all persons who are issued a | 28701 |
| golden buckeye card under section 173.06 of the Revised Code. The | 28702 |
| discount program shall provide a discount for all park services | 28703 |
| and rentals, but shall not provide a discount for the purchase of | 28704 |
| merchandise. | 28705 |
| The division shall not adopt rules establishing fees or | 28706 |
| charges for parking a motor vehicle in a state park or for | 28707 |
| admission to a state park. | 28708 |
| Every resident of this state with a disability that has been | 28709 |
| determined by the veterans administration to be permanently and | 28710 |
| totally disabling, who receives a pension or compensation from the | 28711 |
| veterans administration, and who received an honorable discharge | 28712 |
| from the armed forces of the United States, and every veteran to | 28713 |
| whom the registrar of motor vehicles has issued a set of license | 28714 |
| plates under section 4503.41 of the Revised Code, shall be exempt | 28715 |
| from the fees for camping, provided that the resident or veteran | 28716 |
| carries in the state park such evidence of the resident's or | 28717 |
|
veteran's disability as the chief | 28718 |
| 28719 |
| Unless otherwise provided by division rule, every resident of | 28720 |
| this state who is sixty-five years of age or older or who is | 28721 |
| permanently and totally disabled and who furnishes evidence of | 28722 |
| that age or disability in a manner prescribed by division rule | 28723 |
| shall be charged one-half of the regular fee for camping, except | 28724 |
| on the weekends and holidays designated by the division, and shall | 28725 |
| not be charged more than ninety per cent of the regular charges | 28726 |
| for state recreational facilities, equipment, services, and food | 28727 |
| service operations utilized by the person at any time of year, | 28728 |
| whether maintained or operated by the state or leased for | 28729 |
| operation by another entity. | 28730 |
| As used in this section, "food service operations" means | 28731 |
| restaurants that are owned by the department of natural resources | 28732 |
| at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state | 28733 |
| parks or are part of a state park lodge. "Food service | 28734 |
| operations" does not include automatic vending machines, | 28735 |
| concession stands, or snack bars. | 28736 |
| As used in this section, "prisoner of war" means any | 28737 |
| regularly appointed, enrolled, enlisted, or inducted member of the | 28738 |
| military forces of the United States who was captured, separated, | 28739 |
| and incarcerated by an enemy of the United States. Any person who | 28740 |
| has been a prisoner of war, was honorably discharged from the | 28741 |
| military forces, and is a resident of this state is exempt from | 28742 |
| the fees for camping. To claim this exemption, the person shall | 28743 |
| present written evidence in the form of a record of separation, a | 28744 |
| letter from one of the military forces of the United States, or | 28745 |
| such other evidence as the chief prescribes by rule that satisfies | 28746 |
| the eligibility criteria established by this section. | 28747 |
| Sec. 1547.01. (A) As used in sections 1541.03, 1547.26, | 28748 |
| 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 1547.543, | 28749 |
| 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the Revised | 28750 |
| Code, "watercraft" means any of the following when used or capable | 28751 |
| of being used for transportation on the water: | 28752 |
| (1) A vessel operated by machinery either permanently or | 28753 |
| temporarily affixed; | 28754 |
| (2) A sailboat other than a sailboard; | 28755 |
| (3) An inflatable, manually propelled boat that is required | 28756 |
| by federal law to have a hull identification number meeting the | 28757 |
| requirements of the United States coast guard; | 28758 |
| (4) A canoe or rowboat. | 28759 |
| "Watercraft" does not include ferries as referred to in | 28760 |
| Chapter 4583. of the Revised Code. | 28761 |
| Watercraft subject to section 1547.54 of the Revised Code | 28762 |
| shall be divided into five classes as follows: | 28763 |
| Class A: Less than sixteen feet in length; | 28764 |
| Class 1: At least sixteen feet, but less than twenty-six feet | 28765 |
| in length; | 28766 |
| Class 2: At least twenty-six feet, but less than forty feet | 28767 |
| in length; | 28768 |
| Class 3: At least forty feet, but less than sixty-five feet | 28769 |
| in length; | 28770 |
| Class 4: At least sixty-five feet in length. | 28771 |
| (B) As used in this chapter: | 28772 |
| (1) "Vessel" includes every description of craft, including | 28773 |
| nondisplacement craft and seaplanes, designed to be used as a | 28774 |
| means of transportation on water. | 28775 |
| (2) "Rowboat" means any vessel, except a canoe, that is | 28776 |
| designed to be rowed and that is propelled by human muscular | 28777 |
| effort by oars or paddles and upon which no mechanical propulsion | 28778 |
| device, electric motor, internal combustion engine, or sail has | 28779 |
| been affixed or is used for the operation of the vessel. | 28780 |
| (3) "Sailboat" means any vessel, equipped with mast and | 28781 |
| sails, dependent upon the wind to propel it in the normal course | 28782 |
| of operation. | 28783 |
| (a) Any sailboat equipped with an inboard engine is deemed a | 28784 |
| powercraft with auxiliary sail. | 28785 |
| (b) Any sailboat equipped with a detachable motor is deemed a | 28786 |
| sailboat with auxiliary power. | 28787 |
| (c) Any sailboat being propelled by mechanical power, whether | 28788 |
| under sail or not, is deemed a powercraft and subject to all laws | 28789 |
| and rules governing powercraft operation. | 28790 |
| (4) "Powercraft" means any vessel propelled by machinery, | 28791 |
| fuel, rockets, or similar device. | 28792 |
| (5) "Person" includes any legal entity defined as a person in | 28793 |
| section 1.59 of the Revised Code and any body politic, except the | 28794 |
| United States and this state, and includes any agent, trustee, | 28795 |
| executor, receiver, assignee, or other representative thereof. | 28796 |
| (6) "Owner" includes any person who claims lawful possession | 28797 |
| of a vessel by virtue of legal title or equitable interest therein | 28798 |
| that entitled the person to that possession. | 28799 |
| (7) "Operator" includes any person who navigates or has under | 28800 |
| the person's control a vessel, or vessel and detachable motor, on | 28801 |
| the waters in this state. | 28802 |
| (8) "Visible" means visible on a dark night with clear | 28803 |
| atmosphere. | 28804 |
| (9) "Waters in this state" means all streams, rivers, lakes, | 28805 |
| ponds, marshes, watercourses, waterways, and other bodies of | 28806 |
| water, natural or humanmade, that are situated wholly or partially | 28807 |
| within this state or within its jurisdiction and are used for | 28808 |
| recreational boating. | 28809 |
| (10) "Navigable waters" means waters that come under the | 28810 |
| jurisdiction of the department of the army of the United States | 28811 |
| and any waterways within or adjacent to this state, except inland | 28812 |
| lakes having neither a navigable inlet nor outlet. | 28813 |
| (11) "In operation" in reference to a vessel means that the | 28814 |
| vessel is being navigated or otherwise used on the waters in this | 28815 |
| state. | 28816 |
| (12) "Sewage" means human body wastes and the wastes from | 28817 |
| toilets and other receptacles intended to receive or retain body | 28818 |
| waste. | 28819 |
| (13) "Canoe" means a narrow vessel of shallow draft, pointed | 28820 |
| at both ends and propelled by human muscular effort, and includes | 28821 |
| kayaks, racing shells, and rowing sculls. | 28822 |
| (14) "Coast guard approved" means bearing an approval number | 28823 |
| assigned by the United States coast guard. | 28824 |
| (15) "Type one personal flotation device" means a device that | 28825 |
| is designed to turn an unconscious person floating in water from a | 28826 |
| face downward position to a vertical or slightly face upward | 28827 |
| position and that has at least nine kilograms, approximately | 28828 |
| twenty pounds, of buoyancy. | 28829 |
| (16) "Type two personal flotation device" means a device that | 28830 |
| is designed to turn an unconscious person in the water from a face | 28831 |
| downward position to a vertical or slightly face upward position | 28832 |
| and that has at least seven kilograms, approximately fifteen and | 28833 |
| four-tenths pounds, of buoyancy. | 28834 |
| (17) "Type three personal flotation device" means a device | 28835 |
| that is designed to keep a conscious person in a vertical or | 28836 |
| slightly face upward position and that has at least seven | 28837 |
| kilograms, approximately fifteen and four-tenths pounds, of | 28838 |
| buoyancy. | 28839 |
| (18) "Type four personal flotation device" means a device | 28840 |
| that is designed to be thrown to a person in the water and not | 28841 |
| worn and that has at least seven and five-tenths kilograms, | 28842 |
| approximately sixteen and five-tenths pounds, of buoyancy. | 28843 |
| (19) "Type five personal flotation device" means a device | 28844 |
| that, unlike other personal flotation devices, has limitations on | 28845 |
| its approval by the United States coast guard, including, without | 28846 |
| limitation, all of the following: | 28847 |
| (a) The approval label on the type five personal flotation | 28848 |
| device indicates that the device is approved for the activity in | 28849 |
| which the vessel is being used or as a substitute for a personal | 28850 |
| flotation device of the type required on the vessel in use. | 28851 |
| (b) The personal flotation device is used in accordance with | 28852 |
| any requirements on the approval label. | 28853 |
| (c) The personal flotation device is used in accordance with | 28854 |
| requirements in its owner's manual if the approval label refers to | 28855 |
| such a manual. | 28856 |
| (20) "Inflatable watercraft" means any vessel constructed of | 28857 |
| rubber, canvas, or other material that is designed to be inflated | 28858 |
| with any gaseous substance, constructed with two or more air | 28859 |
| cells, and operated as a vessel. Inflatable watercraft propelled | 28860 |
| by a motor shall be classified as powercraft and shall be | 28861 |
| registered by length. Inflatable watercraft propelled by a sail | 28862 |
| shall be classified as a sailboat and shall be registered by | 28863 |
| length. | 28864 |
| (21) "Idle speed" means the slowest possible speed needed to | 28865 |
| maintain steerage or maneuverability. | 28866 |
| (22) "Diver's flag" means a red flag not less than one foot | 28867 |
| square having a diagonal white stripe extending from the masthead | 28868 |
| to the opposite lower corner that when displayed indicates that | 28869 |
| divers are in the water. | 28870 |
| (23) "Muffler" means an acoustical suppression device or | 28871 |
| system that is designed and installed to abate the sound of | 28872 |
| exhaust gases emitted from an internal combustion engine and that | 28873 |
| prevents excessive or unusual noise. | 28874 |
| (24) "Law enforcement vessel" means any vessel used in law | 28875 |
| enforcement and under the command of a law enforcement officer. | 28876 |
| (25) "Personal watercraft" means a vessel, less than sixteen | 28877 |
| feet in length, that is propelled by machinery and designed to be | 28878 |
| operated by an individual sitting, standing, or kneeling on the | 28879 |
| vessel rather than by an individual sitting or standing inside the | 28880 |
| vessel. | 28881 |
| (26) "No wake" has the same meaning as "idle speed." | 28882 |
| (27) "Watercraft dealer" means any person who is regularly | 28883 |
| engaged in the business of manufacturing, selling, displaying, | 28884 |
| offering for sale, or dealing in vessels at an established place | 28885 |
| of business. "Watercraft dealer" does not include a person who is | 28886 |
| a marine salvage dealer or any other person who dismantles, | 28887 |
| salvages, or rebuilds vessels using used parts. | 28888 |
| (28) "Electronic" includes electrical, digital, magnetic, | 28889 |
| optical, electromagnetic, or any other form of technology that | 28890 |
| entails capabilities similar to these technologies. | 28891 |
| (29) "Electronic record" means a record generated, | 28892 |
| communicated, received, or stored by electronic means for use in | 28893 |
| an information system or for transmission from one information | 28894 |
| system to another. | 28895 |
| (30) "Electronic signature" means a signature in electronic | 28896 |
| form attached to or logically associated with an electronic | 28897 |
| record. | 28898 |
| (31) "Drug of abuse" has the same meaning as in section | 28899 |
| 4506.01 of the Revised Code. | 28900 |
| | 28901 |
| 28902 | |
| 28903 | |
| 28904 | |
| 28905 |
| | 28906 |
| 28907 | |
| 28908 |
| (32) "Watercourse" means a substantially natural channel with | 28909 |
| recognized banks and bottom in which a flow of water occurs, with | 28910 |
| an average of at least ten feet mean surface water width and at | 28911 |
| least five miles of length. | 28912 |
| (33) "Impoundment" means the reservoir created by a dam or | 28913 |
| other artificial barrier across a watercourse that causes water to | 28914 |
| be stored deeper than and generally beyond the banks of the | 28915 |
| natural channel of the watercourse during periods of normal flow, | 28916 |
| but does not include water stored behind rock piles, rock riffle | 28917 |
| dams, and low channel dams where the depth of water is less than | 28918 |
| ten feet above the channel bottom and is essentially confined | 28919 |
| within the banks of the natural channel during periods of normal | 28920 |
| stream flow. | 28921 |
| (34) "Wild river area" means an area declared a wild river | 28922 |
| area by the director of natural resources under this chapter and | 28923 |
| includes those rivers or sections of rivers that are free of | 28924 |
| impoundments and generally inaccessible except by trail, with | 28925 |
| watersheds or shorelines essentially primitive and waters | 28926 |
| unpolluted, representing vestiges of primitive America. | 28927 |
| (35) "Scenic river area" means an area declared a scenic | 28928 |
| river area by the director under this chapter and includes those | 28929 |
| rivers or sections of rivers that are free of impoundments, with | 28930 |
| shorelines or watersheds still largely primitive and shorelines | 28931 |
| largely undeveloped, but accessible in places by roads. | 28932 |
| (36) "Recreational river area" means an area declared a | 28933 |
| recreational river area by the director under this chapter and | 28934 |
| includes those rivers or sections of rivers that are readily | 28935 |
| accessible by road or railroad, that may have some development | 28936 |
| along their shorelines, and that may have undergone some | 28937 |
| impoundment or diversion in the past. | 28938 |
| Sec. 1547.02. Unless otherwise provided, this chapter applies | 28939 |
| to all vessels operating on the waters in this state. Nothing in | 28940 |
| this chapter shall be construed in contravention of any valid | 28941 |
| federal act or regulation, but is in addition to the act or | 28942 |
| regulation where not inconsistent. | 28943 |
| The state reserves to itself the exclusive right to regulate | 28944 |
| the minimum equipment requirements of watercraft and vessels | 28945 |
| operated on the waters in this state. | 28946 |
| Sec. 1547.51. There is hereby created within the department | 28947 |
| of natural resources the division of watercraft. The division | 28948 |
|
shall | 28949 |
| (A) Administer and enforce all laws relative to the | 28950 |
| identification, numbering, registration, titling, use, and | 28951 |
|
operation of vessels operated on the waters in this state | 28952 |
| 28953 |
| (B) Educate and inform the citizens of the state about, and | 28954 |
| promote, conservation, navigation, safety practices, and the | 28955 |
| benefits of recreational boating; | 28956 |
| (C) Provide wild, scenic, and recreational river area | 28957 |
| conservation education and provide for corridor protection, | 28958 |
| restoration, habitat enhancement, and clean-up projects in wild | 28959 |
| river areas, scenic river areas, and recreational river areas; | 28960 |
| (D) Provide for and assist in the development, maintenance, | 28961 |
| and operation of marine recreational facilities, docks, launching | 28962 |
| facilities, and harbors for the benefit of public navigation, | 28963 |
| recreation, or commerce if the chief of the division of watercraft | 28964 |
| determines that they are in the best interests of the state. | 28965 |
| Sec. 1547.52. (A) The division of watercraft shall be | 28966 |
| administered by the chief of the division of watercraft. The chief | 28967 |
| may adopt, amend, and rescind: | 28968 |
| (1) Rules considered necessary by the chief to supplement the | 28969 |
| identification, operation, titling, use, registration, and | 28970 |
| numbering of watercraft or vessels as provided in this chapter and | 28971 |
| Chapter 1548. of the Revised Code; | 28972 |
| (2) Rules governing the navigation of vessels on waters in | 28973 |
| this state, including, but not limited to, rules regarding | 28974 |
| steering and sailing, the conduct of vessels in sight of one | 28975 |
| another or in restricted visibility, lights and shapes of lights | 28976 |
| used on vessels, and sound and light signals. As the chief | 28977 |
| considers necessary, these navigational rules shall be consistent | 28978 |
| with and equivalent to the regulations and interpretive rulings | 28979 |
| governing inland waters adopted or issued under the "Inland | 28980 |
| Navigational Rules Act of 1980," 94 Stat. 3415, 33 U.S.C.A. 151, | 28981 |
| 1604, 1605, 1608, 2001 to 2008, and 2071 to 2073. | 28982 |
| (3) Rules governing the use, visitation, protection, and | 28983 |
| administration of wild river areas, scenic river areas, and | 28984 |
| recreational river areas; | 28985 |
| (4) Rules establishing fees and charges for all of the | 28986 |
| following: | 28987 |
| (a) Boating skill development classes and other educational | 28988 |
| classes; | 28989 |
| (b) Law enforcement services provided at special events when | 28990 |
| the services are in addition to normal enforcement duties; | 28991 |
| (c) Inspections of vessels or motors conducted under this | 28992 |
| chapter or Chapter 1548. of the Revised Code; | 28993 |
| (d) The conducting of stream impact reviews of any planned or | 28994 |
| proposed construction, modification, renovation, or development | 28995 |
| project that may potentially impact a watercourse within a | 28996 |
| designated wild, scenic, or recreational river area. | 28997 |
| All rules adopted by the chief under division (A) of this | 28998 |
| section shall be adopted in accordance with Chapter 119. of the | 28999 |
| Revised Code and are subject to the prior approval of the director | 29000 |
| of natural resources. | 29001 |
| (B) The chief, with the approval of the director, may employ | 29002 |
| such clerical and technical help as the chief considers necessary. | 29003 |
| (C) The chief may designate license agents with the approval | 29004 |
| of the director. | 29005 |
| (D) The division is hereby designated as the agency to | 29006 |
| administer the Ohio boating safety program and allocated federal | 29007 |
| funds under, and the chief shall prepare and submit reports in | 29008 |
| such form as may be required by, the "Federal Boat Safety Act of | 29009 |
| 1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended. | 29010 |
| (E) The chief may sell any of the following: | 29011 |
| (1) Items related to or that promote boating safety, | 29012 |
| including, but not limited to, pins, badges, books, bulletins, | 29013 |
| maps, publications, calendars, and other educational articles; | 29014 |
| (2) Artifacts pertaining to boating; | 29015 |
| (3) Confiscated or forfeited items; | 29016 |
| (4) Surplus equipment. | 29017 |
| Sec. 1547.531. (A)(1) Except as provided in division (A)(2) | 29018 |
| or (B) of this section, no person shall operate or give permission | 29019 |
| for the operation of any watercraft on the waters in this state | 29020 |
| unless the watercraft is registered in the name of the current | 29021 |
| owner in accordance with section 1547.54 of the Revised Code, and | 29022 |
| the registration is valid and in effect. | 29023 |
| (2) On and after January 1, 1999, if a watercraft that is | 29024 |
| required to be issued a certificate of title under Chapter 1548. | 29025 |
| of the Revised Code is transferred to a new owner, it need not be | 29026 |
| registered under section 1547.54 of the Revised Code for | 29027 |
| forty-five days following the date of the transfer, provided that | 29028 |
| the new owner purchases a temporary watercraft registration under | 29029 |
| division (A) of this section or holds a bill of sale from a | 29030 |
| watercraft dealer. | 29031 |
| For the purposes of division (A)(2) of this section, a | 29032 |
| temporary watercraft registration or a bill of sale from a | 29033 |
| watercraft dealer shall contain at least all of the following | 29034 |
| information: | 29035 |
| (a) The hull identification number or serial number of the | 29036 |
| watercraft; | 29037 |
| (b) The make of the watercraft; | 29038 |
| (c) The length of the watercraft; | 29039 |
| (d) The type of propulsion, if any; | 29040 |
| (e) The state in which the watercraft principally is | 29041 |
| operated; | 29042 |
| (f) The name of the owner; | 29043 |
| (g) The address of the owner, including the zip code; | 29044 |
| (h) The signature of the owner; | 29045 |
| (i) The date of purchase; | 29046 |
| (j) A notice to the owner that the temporary watercraft | 29047 |
| registration expires forty-five days after the date of purchase of | 29048 |
| the watercraft or that the watercraft cannot be operated on the | 29049 |
| waters in this state solely under the bill of sale beginning | 29050 |
| forty-five days after the date of purchase of the watercraft, as | 29051 |
| applicable. | 29052 |
| (3) A person may purchase a temporary watercraft registration | 29053 |
| from the chief of the division of watercraft or from an authorized | 29054 |
| agent designated under section 1547.54 of the Revised Code. The | 29055 |
| chief shall furnish forms for temporary watercraft registrations | 29056 |
| to authorized agents. In addition to completing the registration | 29057 |
| form with the information specified in divisions (A)(2)(a) to (i) | 29058 |
| of this section, the person shall pay one of the applicable fees | 29059 |
| required under divisions (A)(2)(a) to (g) of section 1547.54 of | 29060 |
| the Revised Code as provided in that section. | 29061 |
| Moneys received for the payment of temporary watercraft | 29062 |
| registrations shall be deposited to the credit of the waterways | 29063 |
| safety fund created in section 1547.75 of the Revised Code. | 29064 |
| (4) In addition to the applicable fee required under division | 29065 |
| (A)(3) of this section, the chief or an authorized agent shall | 29066 |
| charge an additional writing fee of three dollars for a temporary | 29067 |
| watercraft registration that the chief or the authorized agent | 29068 |
| issues. When the temporary watercraft registration is issued by | 29069 |
| an authorized agent, the agent may retain the additional writing | 29070 |
| fee. When the temporary watercraft registration is issued by the | 29071 |
| chief, the additional writing fee shall be deposited to the credit | 29072 |
| of the waterways safety fund. | 29073 |
| (5) A person who purchases a temporary watercraft | 29074 |
| registration for a watercraft and who subsequently applies for a | 29075 |
| registration certificate under section 1547.54 of the Revised Code | 29076 |
| need not pay the fee required under division (A)(2) of that | 29077 |
| section for the initial registration certificate issued for that | 29078 |
| watercraft, provided that at the time of application for the | 29079 |
| registration certificate, the person furnishes proof of payment | 29080 |
| for the temporary watercraft registration. | 29081 |
| (6) A person who purchases a temporary watercraft | 29082 |
| registration, who subsequently applies for a registration | 29083 |
| certificate under section 1547.54 of the Revised Code, and who is | 29084 |
| exempt from payment for the registration certificate under | 29085 |
|
division
| 29086 |
| refund of the amount paid for the temporary watercraft | 29087 |
| registration at the time that the person applies for a | 29088 |
| registration certificate. The chief shall refund that amount upon | 29089 |
| issuance to the person of a registration certificate. | 29090 |
| (7) All records of the division of watercraft made or | 29091 |
| maintained for the purposes of divisions (A)(2) to (8) of this | 29092 |
| section are public records. The records shall be available for | 29093 |
| inspection at reasonable hours and in a manner that is compatible | 29094 |
| with normal operations of the division. | 29095 |
| (8) Pursuant to division (A)(1) of section 1547.52 of the | 29096 |
| Revised Code, the chief may adopt rules establishing all of the | 29097 |
| following: | 29098 |
| (a) Record-keeping requirements governing the issuance of | 29099 |
| temporary watercraft registrations and the use of bills of sale | 29100 |
| from watercraft dealers for the purposes of division (A)(2) of | 29101 |
| this section; | 29102 |
| (b) Procedures and requirements for the refund of fees under | 29103 |
| division (A)(6) of this section; | 29104 |
| (c) Any other procedures and requirements necessary for the | 29105 |
| administration and enforcement of divisions (A)(2) to (8) of this | 29106 |
| section. | 29107 |
| (B) All of the following watercraft are exempt from | 29108 |
| registration: | 29109 |
| (1) Those that are exempt from numbering by the state under | 29110 |
| divisions (B) to (G) of section 1547.53 of the Revised Code; | 29111 |
| (2) Those that have been issued a commercial documentation by | 29112 |
| the United States coast guard or its successor and are used | 29113 |
| exclusively for commercial purposes; | 29114 |
| (3) Those that have been documented by the United States | 29115 |
| coast guard or its successor as temporarily transitting, whose | 29116 |
| principal use is not on the waters in this state, and that have | 29117 |
| not been used within this state for more than sixty days. | 29118 |
| (C) No person shall operate a watercraft documented by the | 29119 |
| United States coast guard or its successor unless the certificate | 29120 |
| of documentation is valid, is on the watercraft for which it has | 29121 |
| been issued, and is available for inspection whenever the | 29122 |
| watercraft is in operation. In accordance with 46 C.F.R. part 67, | 29123 |
| as amended, the watercraft shall display the official number, the | 29124 |
| vessel name, and the home port listed on the certificate of | 29125 |
| documentation. | 29126 |
| (D)(1) For the purposes of this section and section 1547.53 | 29127 |
| of the Revised Code, a watercraft is principally using the waters | 29128 |
| in this state if any of the following applies: | 29129 |
| (a) The owner resides in this state and declares that the | 29130 |
| watercraft principally is using the waters in this state. | 29131 |
| (b) The owner resides in another state, but declares that the | 29132 |
| watercraft principally is using the waters in this state. | 29133 |
| (c) The watercraft is registered in another state or | 29134 |
| documented by the United States coast guard and is used within | 29135 |
| this state for more than sixty days regardless of whether it has | 29136 |
| been assigned a seasonal or permanent mooring at any public or | 29137 |
| private docking facility in this state. | 29138 |
| (2) Notwithstanding division (D)(1)(c) of this section, a | 29139 |
| person on active duty in the armed forces of the United States may | 29140 |
| register a watercraft in the person's state of permanent residence | 29141 |
| in lieu of registering it in this state regardless of the number | 29142 |
| of days that the watercraft is used in this state. | 29143 |
| Sec. 1547.54. (A)(1) Except as otherwise provided in section | 29144 |
| 1547.542 of the Revised Code, the owner of every watercraft | 29145 |
| requiring registration under this chapter shall file an | 29146 |
| application for a triennial registration certificate with the | 29147 |
| chief of the division of watercraft on forms that shall be | 29148 |
| provided by the chief or by an electronic means approved by the | 29149 |
| chief. The application shall be signed by the following: | 29150 |
| (a) If the watercraft is owned by two persons under joint | 29151 |
| ownership with right of survivorship established under section | 29152 |
| 2131.12 of the Revised Code, by both of those persons as owners of | 29153 |
| the watercraft. The signatures may be done by electronic signature | 29154 |
| if the owners themselves are renewing the registration and there | 29155 |
| are no changes in the registration information since the issuance | 29156 |
| of the immediately preceding registration certificate. In all | 29157 |
| other instances, the signatures shall be done manually. | 29158 |
| (b) If the watercraft is owned by a minor, by the minor and a | 29159 |
| parent or legal guardian. The signatures may be done by electronic | 29160 |
| signature if the parent or legal guardian and the minor themselves | 29161 |
| are renewing the registration and there are no changes in the | 29162 |
| registration information since the issuance of the immediately | 29163 |
| preceding registration certificate. In all other instances, the | 29164 |
| signatures shall be done manually. | 29165 |
| (c) In all other cases, by the owner of the watercraft. The | 29166 |
| signature may be done by electronic signature if the owner is | 29167 |
| renewing the registration personally and there are no changes in | 29168 |
| the registration information since the issuance of the immediately | 29169 |
| preceding registration certificate. In all other instances, the | 29170 |
| signatures shall be done manually. | 29171 |
| (2) An application for a triennial registration of a | 29172 |
| watercraft filed under division (A)(1) of this section shall be | 29173 |
| accompanied by the following fee: | 29174 |
| (a) For canoes, rowboats, and inflatable watercraft that are | 29175 |
| numbered under section 1547.53 of the Revised Code, twelve | 29176 |
| dollars; | 29177 |
| (b) For canoes, row boats, and inflatable watercraft that are | 29178 |
| not numbered under section 1547.53 of the Revised Code, seventeen | 29179 |
| dollars; | 29180 |
| (c) For class A watercraft, including motorized canoes, | 29181 |
| thirty dollars; | 29182 |
| (d) For class 1 watercraft, forty-five dollars; | 29183 |
| (e) For class 2 watercraft, sixty dollars; | 29184 |
| (f) For class 3 watercraft, seventy-five dollars; | 29185 |
| (g) For class 4 watercraft, ninety dollars. | 29186 |
| (3) For the purpose of registration, any watercraft operated | 29187 |
| by means of power, sail, or any other mechanical or electrical | 29188 |
| means of propulsion, except motorized canoes, shall be registered | 29189 |
| by length as prescribed in this section. | 29190 |
| (4) If an application for registration is filed by two | 29191 |
| persons as owners under division (A)(1)(a) of this section, the | 29192 |
| person who is listed first on the title shall serve as and perform | 29193 |
| the duties of the "owner" and shall be considered the person "in | 29194 |
| whose name the watercraft is registered" for purposes of divisions | 29195 |
|
(B) to | 29196 |
| sections in this chapter. | 29197 |
| (B) All registration certificates issued under this section | 29198 |
| are valid for three years and are renewable on a triennial basis | 29199 |
| unless sooner terminated or discontinued in accordance with this | 29200 |
| chapter. The renewal date shall be printed on the registration | 29201 |
| certificate. A registration certificate may be renewed by the | 29202 |
| owner in the manner prescribed by the chief. All fees shall be | 29203 |
| charged according to a proration of the time remaining in the | 29204 |
| registration cycle to the nearest year. | 29205 |
| (C) In addition to the fees set forth in this section, the | 29206 |
| chief, or any authorized agent, shall charge an additional writing | 29207 |
| fee of three dollars for any registration certificate the chief or | 29208 |
| authorized agent issues. When the registration certificate is | 29209 |
| issued by an authorized agent, the additional writing fee of three | 29210 |
| dollars shall be retained by the issuing agent. When the | 29211 |
| registration certificate is issued by the chief, the additional | 29212 |
| writing fee of three dollars shall be deposited to the credit of | 29213 |
| the waterways safety fund established in section 1547.75 of the | 29214 |
| Revised Code. | 29215 |
| (D) In addition to the fees established in this section, | 29216 |
| watercraft that are not powercraft shall be charged a waterways | 29217 |
| conservation assessment fee of five dollars. The fee shall be | 29218 |
| collected at the time of the issuance of a triennial watercraft | 29219 |
| registration under division (A)(2) of this section and deposited | 29220 |
| in the state treasury and credited to a distinct account in the | 29221 |
| waterways safety fund created in section 1547.75 of the Revised | 29222 |
| Code. | 29223 |
| (E)(1) Upon receipt of the application in approved form, the | 29224 |
| chief shall enter the same upon the records of the office of the | 29225 |
| division of watercraft, assign a number to the watercraft if a | 29226 |
| number is required under section 1547.53 of the Revised Code, and | 29227 |
| issue to the applicant a registration certificate. If a number is | 29228 |
| assigned by the chief, it shall be set forth on the certificate. | 29229 |
| The registration certificate shall be on the watercraft for which | 29230 |
| it is issued and available at all times for inspection whenever | 29231 |
| the watercraft is in operation, except that livery operators may | 29232 |
| retain the registration certificate at the livery where it shall | 29233 |
| remain available for inspection at all times and except as | 29234 |
|
otherwise provided in division | 29235 |
| (2) A person who is operating on the waters of this state a | 29236 |
| canoe, rowboat, or inflatable watercraft that has not been | 29237 |
| numbered under section 1547.53 of the Revised Code and who is | 29238 |
| stopped by a law enforcement officer in the enforcement of this | 29239 |
| chapter or rules adopted under it shall present to the officer, | 29240 |
| not later than seventy-two hours after being stopped, a | 29241 |
| registration certificate. The registration certificate shall have | 29242 |
| been obtained under this section for the canoe, rowboat, or | 29243 |
| inflatable watercraft prior to the time that it was stopped. | 29244 |
| Failure of the person to present the registration certificate | 29245 |
| within seventy-two hours constitutes prima-facie evidence of a | 29246 |
| violation of this section. | 29247 |
| | 29248 |
| certificate for a watercraft that is required to be issued a | 29249 |
| certificate of title under Chapter 1548. of the Revised Code | 29250 |
| except upon presentation of a certificate of title for the | 29251 |
| watercraft as provided in that chapter, proof of current | 29252 |
| documentation by the United States coast guard, a renewal | 29253 |
| registration form provided by the division of watercraft, or a | 29254 |
| certificate of registration issued under this section that has | 29255 |
| expired if there is no change in the ownership or description of | 29256 |
| the watercraft. | 29257 |
| | 29258 |
| application form together with the prescribed fee shall be filed | 29259 |
| with the chief or the chief's agent and a new registration | 29260 |
| certificate shall be issued. The application shall be signed | 29261 |
| manually by the person or persons specified in divisions (A)(1)(a) | 29262 |
| to (c) of this section and shall be accompanied by a two-dollar | 29263 |
| transfer fee. Any remaining time on the registration shall be | 29264 |
| transferred. An authorized agent of the chief shall charge an | 29265 |
| additional writing fee of three dollars, which shall be retained | 29266 |
| by the issuing agent. If the certificate is issued by the chief, | 29267 |
| an additional writing fee of three dollars for each certificate | 29268 |
| issued shall be collected and deposited to the credit of the | 29269 |
| waterways safety fund. | 29270 |
| | 29271 |
| overall system of identification numbering for watercraft or | 29272 |
| certain types of watercraft within the United States, the | 29273 |
| numbering system employed by the division shall be in conformity | 29274 |
| with that system. | 29275 |
| | 29276 |
| to any authorized agent for the assignment of the registration | 29277 |
| certificates. If a person accepts that authorization, the person | 29278 |
| may be assigned a block of numbers and certificates that upon | 29279 |
| assignment, in conformity with this chapter and Chapter 1548. of | 29280 |
| the Revised Code and with rules of the division, shall be valid as | 29281 |
| if assigned directly by the division. Any person so designated as | 29282 |
| an agent by the chief shall post with the division security as may | 29283 |
| be required by the director of natural resources. The chief may | 29284 |
| issue an order temporarily or permanently restricting or | 29285 |
| suspending an agent's authorization without a hearing if the chief | 29286 |
| finds that the agent has violated this chapter or Chapter 1548. of | 29287 |
| the Revised Code, rules adopted under them, or any agreements | 29288 |
| prescribed by the chief. | 29289 |
| (2) A clerk of the court of common pleas may apply for | 29290 |
| designation as an authorized agent of the chief. The division | 29291 |
| shall accept the clerk's bond that is required under section | 29292 |
| 2303.02 of the Revised Code for any security that is required for | 29293 |
| agents under this division, provided that the bond includes a | 29294 |
| rider or other provision specifically covering the clerk's duties | 29295 |
| as an authorized agent of the chief. | 29296 |
| | 29297 |
| this section shall be public records. Those records shall be | 29298 |
| available for inspection at reasonable hours and in a manner | 29299 |
| compatible with normal operations of the division. | 29300 |
| | 29301 |
| fifteen days of the following: | 29302 |
| (1) The transfer, other than through the creation of a | 29303 |
| security interest in any watercraft, of all or any part of the | 29304 |
| owner's interest or, if the watercraft is owned by two persons | 29305 |
| under joint ownership with right of survivorship established under | 29306 |
| section 2131.12 of the Revised Code, of all or any part of the | 29307 |
| joint interest of either of the two persons. The transfer shall | 29308 |
| not terminate the registration certificate. | 29309 |
| (2) Any change in the address appearing on the certificate . | 29310 |
| As a part of the notification, the owner shall furnish the chief | 29311 |
| with the owner's new address. | 29312 |
| (3) The destruction or abandonment of the watercraft. | 29313 |
| | 29314 |
| certificates or duplicate tags to owners of currently registered | 29315 |
| watercraft, the fee for which shall be four dollars. | 29316 |
| | 29317 |
| previously issued to an owner is in error to a degree that would | 29318 |
| impair its basic purpose and use, the chief may issue a corrected | 29319 |
| certificate to the owner without charge. | 29320 |
| | 29321 |
| receive or accept from an authorized agent a registration | 29322 |
|
certificate assigned to the authorized agent under division | 29323 |
| of this section unless the exact month, day, and year of issue are | 29324 |
| plainly written on the certificate by the agent. Certificates | 29325 |
| issued with incorrect dates of issue are void from the time they | 29326 |
| are issued. | 29327 |
| | 29328 |
| Revised Code, shall adopt rules governing the renewal of | 29329 |
| watercraft registrations by electronic means. | 29330 |
| | 29331 |
| (1) "Disabled veteran" means a person who is included in | 29332 |
| either of the following categories: | 29333 |
| (a) Because of a service-connected disability, has been or is | 29334 |
| awarded funds for the purchase of a motor vehicle under the | 29335 |
| "Disabled Veterans' and Servicemen's Automobile Assistance Act of | 29336 |
| 1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto; | 29337 |
| (b) Has a service-connected disability rated at one hundred | 29338 |
| per cent by the veterans administration. | 29339 |
| (2) "Prisoner of war" means any regularly appointed, | 29340 |
| enrolled, enlisted, or inducted member of the military forces of | 29341 |
| the United States who was captured, separated, and incarcerated by | 29342 |
| an enemy of the United States at any time, and any regularly | 29343 |
| appointed, enrolled, or enlisted member of the military forces of | 29344 |
| Great Britain, France, Australia, Belgium, Brazil, Canada, China, | 29345 |
| Denmark, Greece, the Netherlands, New Zealand, Norway, Poland, | 29346 |
| South Africa, or the republics formerly associated with the Union | 29347 |
| of Soviet Socialist Republics or Yugoslavia who was a citizen of | 29348 |
| the United States at the time of the appointment, enrollment, or | 29349 |
| enlistment, and was captured, separated, and incarcerated by an | 29350 |
| enemy of this country during World War II. | 29351 |
| | 29352 |
| awardee, or prisoner of war may apply to the chief for a | 29353 |
| certificate of registration, or for a renewal of the certificate | 29354 |
| of registration, without the payment of any fee required by this | 29355 |
| section. The application for a certificate of registration shall | 29356 |
| be accompanied by evidence of disability or by documentary | 29357 |
| evidence in support of a congressional medal of honor that the | 29358 |
| chief requires by rule. The application for a certificate of | 29359 |
| registration by any person who has been a prisoner of war shall be | 29360 |
| accompanied by written evidence in the form of a record of | 29361 |
| separation, a letter from one of the armed forces of a country | 29362 |
|
listed in division
| 29363 |
| that the chief may require by rule, that the person was honorably | 29364 |
| discharged or is currently residing in this state on active duty | 29365 |
| with one of the branches of the armed forces of the United States, | 29366 |
| or was a prisoner of war and was honorably discharged or received | 29367 |
| an equivalent discharge or release from one of the armed forces of | 29368 |
|
a
country listed in division | 29369 |
| | 29370 |
| of natural resources shall determine the amount of fees that would | 29371 |
| have been collected in the prior calendar year for each | 29372 |
| certificate of registration issued or renewed pursuant to division | 29373 |
| 29374 | |
| foregone revenue to the director of budget and management for | 29375 |
| reimbursement. The director of budget and management shall | 29376 |
| transfer the amount certified from the general revenue fund to the | 29377 |
|
waterways
safety fund | 29378 |
| 29379 |
| Sec. 1547.542. Any person or organization owning any number | 29380 |
| of canoes, rowboats, inflatable watercraft, or sailboats for the | 29381 |
| purpose of rental to the public may apply with the chief of the | 29382 |
| division of watercraft for and receive an annual certificate of | 29383 |
| livery registration. No watercraft shall be rented to the public | 29384 |
| from a livery or other place of business in this state unless it | 29385 |
| first has been numbered and registered in accordance with this | 29386 |
| section or section 1547.54 of the Revised Code. Certificates of | 29387 |
| livery registration shall be issued by an authorized agent who is | 29388 |
| selected by the chief from among those designated under section | 29389 |
| 1547.54 of the Revised Code. The certificate shall display the | 29390 |
| name of the owner of the livery, the date of issuance, the date of | 29391 |
| expiration, the number of watercraft registered, the fee paid, an | 29392 |
| authorized facsimile of the signature of the chief provided by the | 29393 |
| authorized agent who is selected to issue the certificate, and the | 29394 |
| signature of the livery owner. The certificate shall bear the | 29395 |
| livery watercraft registration number assigned to the livery | 29396 |
| owner, which shall be displayed in accordance with section 1547.57 | 29397 |
| of the Revised Code on each watercraft in the fleet for which the | 29398 |
| certificate was issued. The owner of a livery shall obtain an | 29399 |
| amended certificate of livery registration from the chief whenever | 29400 |
| the composition of the fleet changes. | 29401 |
| The fee for each watercraft registered under this section | 29402 |
| shall be an annual registration fee. The fee shall be one-third of | 29403 |
| the triennial registration fees prescribed in section 1547.54 of | 29404 |
| the Revised Code. However, if the size of the fleet does not | 29405 |
| increase, the fee for an amended certificate of livery | 29406 |
| registration shall be the fee prescribed for issuing a duplicate | 29407 |
| registration certificate under section 1547.54 of the Revised | 29408 |
| Code, and the chief shall not refund to the livery owner all or | 29409 |
| any portion of an annual registration fee applicable to a | 29410 |
| watercraft transferred or abandoned by the livery owner. If the | 29411 |
| size of the fleet increases, the livery owner shall be required to | 29412 |
| pay the applicable annual registration fee for each watercraft | 29413 |
| registered under an amended certificate of livery registration | 29414 |
| that is in excess of the number of watercraft contained in the | 29415 |
| annual certificate of livery registration. | 29416 |
| In addition to the fees established in this section, | 29417 |
| watercraft that are not powercraft shall be charged a waterways | 29418 |
| conservation assessment fee. The fee shall be collected at the | 29419 |
| time of the issuance of an annual livery registration under this | 29420 |
| section and shall be one dollar and fifty cents for each | 29421 |
| watercraft included in the registration. The fee shall be | 29422 |
| deposited in the state treasury and credited to a distinct account | 29423 |
| in the waterways safety fund created in section 1547.75 of the | 29424 |
| Revised Code. | 29425 |
| The certificate of livery registration, rental receipts, and | 29426 |
| required safety equipment are subject to inspection at any time at | 29427 |
| the livery's place of business by any authorized representative of | 29428 |
| the division of watercraft or any law enforcement officer in | 29429 |
| accordance with section 1547.63 of the Revised Code. | 29430 |
| Except as provided in this section, all watercraft registered | 29431 |
| under this section are subject to this chapter and Chapter 1548. | 29432 |
| of the Revised Code. | 29433 |
| The chief may issue an order temporarily or permanently | 29434 |
| restricting or suspending a livery certificate of registration and | 29435 |
| the privileges associated with it without a hearing if the chief | 29436 |
| finds that the holder of the certificate has violated this | 29437 |
| chapter. | 29438 |
| Sec. 1547.73. There is hereby created in the division of | 29439 |
|
watercraft | 29440 |
| appointed by the governor with the advice and consent of the | 29441 |
| senate. Not more than three of such appointees shall belong to the | 29442 |
| same political party. Terms of office shall be for five years, | 29443 |
| commencing on the first day of February and ending on the | 29444 |
|
thirty-first day of January | 29445 |
| 29446 | |
| 29447 | |
| 29448 | |
| 29449 | |
| 29450 | |
| 29451 | |
| 29452 | |
| 29453 | |
| 29454 | |
|
hold office from the date of | 29455 |
|
term for which | 29456 |
| division of watercraft shall act as secretary of the council. In | 29457 |
| the event of the death, removal, resignation, or incapacity of a | 29458 |
| member of the council, the governor, with the advice and consent | 29459 |
| of the senate, shall appoint a successor to fill the unexpired | 29460 |
| term who shall hold office for the remainder of the term for which | 29461 |
| 29462 | |
|
continue in office subsequent to the expiration
date of | 29463 |
|
member's term until | 29464 |
| until a period of sixty days has elapsed, whichever occurs first. | 29465 |
| The governor may remove any appointed member of the council for | 29466 |
| misfeasance, nonfeasance, or malfeasance in office. | 29467 |
| The council may: | 29468 |
| (A) Advise with and recommend to the chief as to plans and | 29469 |
| 29470 | |
| operation of refuge harbors and other projects for the harboring, | 29471 |
| mooring, docking, and storing of light draft vessels as provided | 29472 |
| in sections 1547.71, 1547.72, and 1547.78 of the Revised Code; | 29473 |
| (B) Advise with and recommend to the chief as to the methods | 29474 |
| of coordinating the shore erosion projects of the department of | 29475 |
| natural resources with the refuge of light draft vessel harbor | 29476 |
| projects; | 29477 |
| (C) Advise with and recommend to the chief as to plans and | 29478 |
| programs for the acquisition, protection, construction, | 29479 |
| maintenance, and administration of wild river areas, scenic river | 29480 |
| areas, and recreational river areas; | 29481 |
| (D) Consider and make recommendations upon any matter which | 29482 |
|
is brought to its attention by any person or | 29483 |
| may submit to it; | 29484 |
| | 29485 |
| amendments to the laws of the state relative to refuge and light | 29486 |
| draft vessel harbor projects. | 29487 |
| Before entering upon the discharge of | 29488 |
| each member of the council shall take and subscribe to an oath of | 29489 |
| office, which oath, in writing, shall be filed in the office of | 29490 |
| the secretary of state. | 29491 |
| The members of the council shall serve without compensation, | 29492 |
| but shall be entitled to receive their actual and necessary | 29493 |
| expenses incurred in the performance of their official duties from | 29494 |
| the waterways safety fund as provided in section 1547.75 of the | 29495 |
| Revised Code. | 29496 |
| The council shall, by a majority vote of all its members, | 29497 |
| adopt and amend bylaws. | 29498 |
| To be eligible for appointment as a member of the council, a | 29499 |
|
person shall be a citizen of the United States | 29500 |
|
the state | 29501 |
| small boat operations. | 29502 |
| The council shall hold at least four regular quarterly | 29503 |
| meetings each year. Special meetings shall be held at such times | 29504 |
| as the bylaws of the council provide, or at the behest of a | 29505 |
| majority of its members. Notices of all meetings shall be given in | 29506 |
| such manner as the bylaws provide. The council shall choose | 29507 |
|
annually from among its members a | 29508 |
| over its meetings. A majority of the members of the council shall | 29509 |
| constitute a quorum. No advice shall be given or recommendation | 29510 |
| made without a majority of the members of the council concurring | 29511 |
| therein. | 29512 |
| | 29513 |
| 29514 | |
| 29515 | |
| 29516 | |
| 29517 | |
| natural resources or the director's representative may create, | 29518 |
| supervise, operate, protect, and maintain wild, scenic, and | 29519 |
|
recreational
river areas | 29520 |
| 29521 | |
| recreational river areas, the director shall classify each such | 29522 |
| area as either a wild river area, a scenic river area, or a | 29523 |
| recreational river area. The director or the director's | 29524 |
| representative may prepare and maintain a plan for the | 29525 |
| establishment, development, use, and administration of those | 29526 |
| areas as a part of the comprehensive state plans for water | 29527 |
| management and outdoor recreation. The director or the director's | 29528 |
| representative may cooperate with federal agencies administering | 29529 |
| any federal program concerning wild, scenic, or recreational river | 29530 |
| areas. | 29531 |
| The director may propose for establishment as a wild, scenic, | 29532 |
| or recreational river area a part or parts of any watercourse in | 29533 |
| this state, with adjacent lands, that in the director's judgment | 29534 |
| possesses water conservation, scenic, fish, wildlife, historic, or | 29535 |
|
outdoor recreation values that should be
preserved | 29536 |
| 29537 | |
| 29538 | |
| sufficient width to preserve, protect, and develop the natural | 29539 |
| character of the watercourse, but shall not include any lands more | 29540 |
| than one thousand feet from the normal waterlines of the | 29541 |
| watercourse unless an additional width is necessary to preserve | 29542 |
| water conservation, scenic, fish, wildlife, historic, or outdoor | 29543 |
| recreation values. | 29544 |
| The director shall publish the intention to declare an area a | 29545 |
| wild, scenic, or recreational river area at least once in a | 29546 |
| newspaper of general circulation in each county, any part of which | 29547 |
| is within the area, and shall send written notice of the intention | 29548 |
| to the legislative authority of each county, township, and | 29549 |
| municipal corporation and to each conservancy district established | 29550 |
| under Chapter 6101. of the Revised Code, any part of which is | 29551 |
| within the area, and to the director of transportation, the | 29552 |
| director of development, the director of administrative services, | 29553 |
| and the director of environmental protection. The notices shall | 29554 |
| include a copy of a map and description of the area. | 29555 |
| After thirty days from the last date of publication or | 29556 |
| dispatch of written notice as required in this section, the | 29557 |
| director shall enter a declaration in the director's journal that | 29558 |
| the area is a wild river area, scenic river area, or recreational | 29559 |
| river area. When so entered, the area is a wild, scenic, or | 29560 |
| recreational river area, as applicable. The director, after | 29561 |
| thirty days' notice as prescribed in this section and upon the | 29562 |
| approval of the recreation and resources commission created in | 29563 |
| section 1501.04 of the Revised Code, may terminate the status of | 29564 |
| an area as a wild river area, scenic river area, or recreational | 29565 |
| river area by an entry in the director's journal. | 29566 |
| Declaration by the director that an area is a wild, scenic, | 29567 |
| or recreational river area does not authorize the director or any | 29568 |
| governmental agency or political subdivision to restrict the use | 29569 |
| of land by the owner thereof or any person acting under the | 29570 |
| landowner's authority or to enter upon the land and does not | 29571 |
| expand or abridge the regulatory authority of any governmental | 29572 |
| agency or political subdivision over the area. | 29573 |
| The director may enter into a lease or other agreement with a | 29574 |
| political subdivision to administer all or part of a wild, scenic, | 29575 |
| or recreational river area and may acquire real property or any | 29576 |
| estate, right, or interest therein in order to provide for the | 29577 |
| protection and public recreational use of a wild, scenic, or | 29578 |
| recreational river area. | 29579 |
| The chief of the division of | 29580 |
| watercraft or the chief's representative may participate in | 29581 |
| watershed-wide planning with federal, state, and local agencies in | 29582 |
| order to protect the values of wild, scenic, and recreational | 29583 |
| river areas. | 29584 |
| | 29585 |
| political subdivision shall build or enlarge any highway, road, or | 29586 |
| structure or modify or cause the modification of the channel of | 29587 |
| any watercourse within a wild, scenic, or recreational river area | 29588 |
| outside the limits of a municipal corporation without first having | 29589 |
| obtained approval of the plans for the highway, road, or structure | 29590 |
| or channel modification from the director of natural resources or | 29591 |
| 29592 | |
| having jurisdiction, upon petition by the director, shall enjoin | 29593 |
| work on any highway, road, or structure or channel modification | 29594 |
| for which such approval has not been obtained. | 29595 |
| | 29596 |
| 29597 | |
| programs for wild river areas, scenic river areas, and | 29598 |
| recreational river areas. The chief may accept and administer | 29599 |
| state and
federal
financial assistance | 29600 |
| maintenance, protection, and administration of wild, scenic, and | 29601 |
| recreational river areas and for construction of facilities | 29602 |
| within those areas. The chief, with the approval of the director | 29603 |
| of natural resources, may expend for the purpose of administering | 29604 |
| the state programs for wild, scenic, and recreational river areas | 29605 |
| money that is appropriated by the general assembly for that | 29606 |
| purpose, money that is in the scenic rivers protection fund | 29607 |
| created in section 4501.24 of the Revised Code, and money that is | 29608 |
| in the waterways safety fund created in section 1547.75 of the | 29609 |
| Revised Code as determined to be necessary by the division of | 29610 |
| watercraft not to exceed four per cent of all money accruing to | 29611 |
| the fund. The chief may condition any expenditures, maintenance | 29612 |
| activities, or construction of facilities on the adoption and | 29613 |
| enforcement of adequate floodplain zoning or land use rules. | 29614 |
| | 29615 |
| 29616 | |
| 29617 |
| | 29618 |
| 29619 | |
| 29620 |
| | 29621 |
| 29622 | |
| 29623 | |
| 29624 | |
| 29625 | |
| 29626 | |
| 29627 | |
| 29628 |
| Any instrument by which real property is acquired pursuant to | 29629 |
| this section shall identify the agency of the state that has the | 29630 |
| use and benefit of the real property as specified in section | 29631 |
| 5301.012 of the Revised Code. | 29632 |
| The chief may cooperate with federal agencies administering | 29633 |
| any federal program concerning wild, scenic, or recreational | 29634 |
| river areas. | 29635 |
| | 29636 |
| shall appoint an advisory council for each wild, scenic, or | 29637 |
| recreational river area, composed of not more than ten persons who | 29638 |
| are representative of local government and local organizations and | 29639 |
| interests in the vicinity of the wild, scenic, or recreational | 29640 |
| river area, who shall serve without compensation. The chief of the | 29641 |
|
division of | 29642 |
| chief's representative shall serve as an ex officio member of each | 29643 |
| council. | 29644 |
| | 29645 |
| 29646 | |
| 29647 | |
| 29648 | |
| 29649 | |
| 29650 | |
| members appointed to each council shall serve for terms of not | 29651 |
| more than three years, with the terms of not more than four | 29652 |
| members of any council ending in the same year. Thereafter, terms | 29653 |
| of office shall be for three years commencing on the first day of | 29654 |
| February and ending on the last day of January. | 29655 |
| Each council shall advise the chief on the acquisition of | 29656 |
| land and easements and on the lands and waters that should be | 29657 |
| included in a wild, scenic, or recreational river area or a | 29658 |
| proposed wild, scenic, or recreational river area, facilities | 29659 |
| therein, and other aspects of establishment and administration of | 29660 |
| the area that may affect the local interest. | 29661 |
| Sec. 1547.85. The director of natural resources may | 29662 |
| participate in the federal program for the protection of certain | 29663 |
| selected rivers that are located within the boundaries of the | 29664 |
| state as provided in the "Wild and Scenic Rivers Act," 82 Stat. | 29665 |
| 906 (1968), 16 U.S.C. 1271 et seq., as amended. The director may | 29666 |
| authorize the chief of the division of watercraft to participate | 29667 |
| in any other federal program established for the purpose of | 29668 |
| protecting, conserving, or developing recreational access to | 29669 |
| waters in this state that possess outstanding scenic, | 29670 |
| recreational, geologic, fish and wildlife, historic, cultural, or | 29671 |
| other similar values. | 29672 |
| Sec. 1547.86. Any action taken by the chief of the division | 29673 |
| of watercraft under sections 1547.81 to 1547.87 of the Revised | 29674 |
| Code shall not be deemed in conflict with certain powers and | 29675 |
| duties conferred on and delegated to federal agencies and to | 29676 |
| municipal corporations under Section 7 of Article XVIII, Ohio | 29677 |
| Constitution, or as provided by sections 721.04 to 721.11 of the | 29678 |
| Revised Code. | 29679 |
| Sec. 1547.87. The division of watercraft, in carrying out | 29680 |
| sections 1547.81 to 1547.87 of the Revised Code, may accept, | 29681 |
| receive, and expend gifts, devises, or bequests of money, lands, | 29682 |
| or other properties under the terms established in section 9.20 of | 29683 |
| the Revised Code. | 29684 |
| Sec. 1547.99. (A) Whoever violates section 1547.91 of the | 29685 |
| Revised Code is guilty of a felony of the fourth degree. | 29686 |
| (B) Whoever violates division (F) of section 1547.08, section | 29687 |
| 1547.10, division (I) of section 1547.111, section 1547.13, or | 29688 |
| section 1547.66 of the Revised Code is guilty of a misdemeanor of | 29689 |
| the first degree. | 29690 |
| (C) Whoever violates a provision of this chapter or a rule | 29691 |
| adopted thereunder, for which no penalty is otherwise provided, is | 29692 |
| guilty of a minor misdemeanor. | 29693 |
| (D) Whoever violates section 1547.07, 1547.132, or 1547.12 of | 29694 |
| the Revised Code without causing injury to persons or damage to | 29695 |
| property is guilty of a misdemeanor of the fourth degree. | 29696 |
| (E) Whoever violates section 1547.07, 1547.132, or 1547.12 of | 29697 |
| the Revised Code causing injury to persons or damage to property | 29698 |
| is guilty of a misdemeanor of the third degree. | 29699 |
| (F) Whoever violates division | 29700 |
| division (G) of section 1547.30, or section 1547.131, 1547.25, | 29701 |
| 1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92 | 29702 |
| of the Revised Code or a rule adopted under division (A)(2) of | 29703 |
| section 1547.52 of the Revised Code is guilty of a misdemeanor of | 29704 |
| the fourth degree. | 29705 |
| (G) Whoever violates section 1547.11 of the Revised Code is | 29706 |
| guilty of a misdemeanor of the first degree and shall be punished | 29707 |
| as provided in division (G)(1), (2), or (3) of this section. | 29708 |
| (1) Except as otherwise provided in division (G)(2) or (3) of | 29709 |
| this section, the court shall sentence the offender to a jail term | 29710 |
| of three consecutive days and may sentence the offender pursuant | 29711 |
| to section 2929.24 of the Revised Code to a longer jail term. In | 29712 |
| addition, the court shall impose upon the offender a fine of not | 29713 |
| less than one hundred fifty nor more than one thousand dollars. | 29714 |
| The court may suspend the execution of the mandatory jail | 29715 |
| term of three consecutive days that it is required to impose by | 29716 |
| division (G)(1) of this section if the court, in lieu of the | 29717 |
| suspended jail term, places the offender under a community control | 29718 |
| sanction pursuant to section 2929.25 of the Revised Code and | 29719 |
| requires the offender to attend, for three consecutive days, a | 29720 |
| drivers' intervention program that is certified pursuant to | 29721 |
| section 3793.10 of the Revised Code. The court also may suspend | 29722 |
| the execution of any part of the mandatory jail term of three | 29723 |
| consecutive days that it is required to impose by division (G)(1) | 29724 |
| of this section if the court places the offender under a community | 29725 |
| control sanction pursuant to section 2929.25 of the Revised Code | 29726 |
| for part of the three consecutive days; requires the offender to | 29727 |
| attend, for that part of the three consecutive days, a drivers' | 29728 |
| intervention program that is certified pursuant to section 3793.10 | 29729 |
| of the Revised Code; and sentences the offender to a jail term | 29730 |
| equal to the remainder of the three consecutive days that the | 29731 |
| offender does not spend attending the drivers' intervention | 29732 |
| program. The court may require the offender, as a condition of | 29733 |
| community control, to attend and satisfactorily complete any | 29734 |
| treatment or education programs, in addition to the required | 29735 |
| attendance at a drivers' intervention program, that the operators | 29736 |
| of the drivers' intervention program determine that the offender | 29737 |
| should attend and to report periodically to the court on the | 29738 |
| offender's progress in the programs. The court also may impose any | 29739 |
| other conditions of community control on the offender that it | 29740 |
| considers necessary. | 29741 |
| (2) If, within six years of the offense, the offender has | 29742 |
| been convicted of or pleaded guilty to one violation of section | 29743 |
| 1547.11 of the Revised Code or one other equivalent offense, the | 29744 |
| court shall sentence the offender to a jail term of ten | 29745 |
| consecutive days and may sentence the offender pursuant to | 29746 |
| section 2929.24 of the Revised Code to a longer jail term. In | 29747 |
| addition, the court shall impose upon the offender a fine of not | 29748 |
| less than one hundred fifty nor more than one thousand dollars. | 29749 |
| In addition to any other sentence that it imposes upon the | 29750 |
| offender, the court may require the offender to attend a drivers' | 29751 |
| intervention program that is certified pursuant to section 3793.10 | 29752 |
| of the Revised Code. | 29753 |
| (3) If, within six years of the offense, the offender has | 29754 |
| been convicted of or pleaded guilty to more than one violation or | 29755 |
| offense identified in division (G)(2) of this section, the court | 29756 |
| shall sentence the offender to a jail term of thirty consecutive | 29757 |
| days and may sentence the offender to a longer jail term of not | 29758 |
| more than one year. In addition, the court shall impose upon the | 29759 |
| offender a fine of not less than one hundred fifty nor more than | 29760 |
| one thousand dollars. | 29761 |
| In addition to any other sentence that it imposes upon the | 29762 |
| offender, the court may require the offender to attend a drivers' | 29763 |
| intervention program that is certified pursuant to section 3793.10 | 29764 |
| of the Revised Code. | 29765 |
| (4) Upon a showing that serving a jail term would seriously | 29766 |
| affect the ability of an offender sentenced pursuant to division | 29767 |
| (G)(1), (2), or (3) of this section to continue the offender's | 29768 |
| employment, the court may authorize that the offender be granted | 29769 |
| work release after the offender has served the mandatory jail term | 29770 |
| of three, ten, or thirty consecutive days that the court is | 29771 |
| required by division (G)(1), (2), or (3) of this section to | 29772 |
| impose. No court shall authorize work release during the mandatory | 29773 |
| jail term of three, ten, or thirty consecutive days that the court | 29774 |
| is required by division (G)(1), (2), or (3) of this section to | 29775 |
| impose. The duration of the work release shall not exceed the time | 29776 |
| necessary each day for the offender to commute to and from the | 29777 |
| place of employment and the place in which the jail term is served | 29778 |
| and the time actually spent under employment. | 29779 |
| (5) Notwithstanding any section of the Revised Code that | 29780 |
| authorizes the suspension of the imposition or execution of a | 29781 |
| sentence or the placement of an offender in any treatment program | 29782 |
| in lieu of being imprisoned or serving a jail term, no court shall | 29783 |
| suspend the mandatory jail term of ten or thirty consecutive days | 29784 |
| required to be imposed by division (G)(2) or (3) of this section | 29785 |
| or place an offender who is sentenced pursuant to division (G)(2) | 29786 |
| or (3) of this section in any treatment program in lieu of being | 29787 |
| imprisoned or serving a jail term until after the offender has | 29788 |
| served the mandatory jail term of ten or thirty consecutive days | 29789 |
| required to be imposed pursuant to division (G)(2) or (3) of this | 29790 |
| section. Notwithstanding any section of the Revised Code that | 29791 |
| authorizes the suspension of the imposition or execution of a | 29792 |
| sentence or the placement of an offender in any treatment program | 29793 |
| in lieu of being imprisoned or serving a jail term, no court, | 29794 |
| except as specifically authorized by division (G)(1) of this | 29795 |
| section, shall suspend the mandatory jail term of three | 29796 |
| consecutive days required to be imposed by division (G)(1) of this | 29797 |
| section or place an offender who is sentenced pursuant to division | 29798 |
| (G)(1) of this section in any treatment program in lieu of | 29799 |
| imprisonment until after the offender has served the mandatory | 29800 |
| jail term of three consecutive days required to be imposed | 29801 |
| pursuant to division (G)(1) of this section. | 29802 |
| (6) As used in division (G) of this section: | 29803 |
| (a) "Equivalent offense" has the same meaning as in section | 29804 |
| 4511.181 of the Revised Code. | 29805 |
| (b) "Jail term" and "mandatory jail term" have the same | 29806 |
| meanings as in section 2929.01 of the Revised Code. | 29807 |
| (H) Whoever violates section 1547.304 of the Revised Code is | 29808 |
| guilty of a misdemeanor of the fourth degree and also shall be | 29809 |
| assessed any costs incurred by the state or a county, township, | 29810 |
| municipal corporation, or other political subdivision in disposing | 29811 |
| of an abandoned junk vessel or outboard motor, less any money | 29812 |
| accruing to the state, county, township, municipal corporation, or | 29813 |
| other political subdivision from that disposal. | 29814 |
| (I) Whoever violates division (B) or (C) of section 1547.49 | 29815 |
| of the Revised Code is guilty of a minor misdemeanor. | 29816 |
| (J) Whoever violates section 1547.31 of the Revised Code is | 29817 |
| guilty of a misdemeanor of the fourth degree on a first offense. | 29818 |
| On each subsequent offense, the person is guilty of a misdemeanor | 29819 |
| of the third degree. | 29820 |
| (K) Whoever violates section 1547.05 or 1547.051 of the | 29821 |
| Revised Code is guilty of a misdemeanor of the fourth degree if | 29822 |
| the violation is not related to a collision, injury to a person, | 29823 |
| or damage to property and a misdemeanor of the third degree if the | 29824 |
| violation is related to a collision, injury to a person, or damage | 29825 |
| to property. | 29826 |
| (L) The sentencing court, in addition to the penalty provided | 29827 |
| under this section for a violation of this chapter or a rule | 29828 |
| adopted under it that involves a powercraft powered by more than | 29829 |
| ten horsepower and that, in the opinion of the court, involves a | 29830 |
| threat to the safety of persons or property, shall order the | 29831 |
| offender to complete successfully a boating course approved by the | 29832 |
| national association of state boating law administrators before | 29833 |
| the offender is allowed to operate a powercraft powered by more | 29834 |
| than ten horsepower on the waters in this state. Violation of a | 29835 |
| court order entered under this division is punishable as contempt | 29836 |
| under Chapter 2705. of the Revised Code. | 29837 |
| Sec. 1548.10. (A) The clerk of the court of common pleas | 29838 |
| shall charge and retain fees as follows: | 29839 |
| (1) Fifteen dollars for each duplicate copy of a | 29840 |
| certificate of title. The clerk shall retain that entire fee. | 29841 |
| (2) Fifteen dollars for each certificate of title, which | 29842 |
| shall include any notation or indication of any lien or security | 29843 |
| interest on a certificate of title and any memorandum certificate | 29844 |
| of title or non-negotiable evidence of ownership requested at the | 29845 |
| time the certificate of title is issued. The clerk shall retain | 29846 |
| ten dollars and fifty cents of that fee when there is a notation | 29847 |
| of a lien or security interest on the certificate of title and | 29848 |
| twelve dollars when there is no lien or security interest noted on | 29849 |
| the certificate of title. | 29850 |
| (3) Five dollars for each certificate of title with no | 29851 |
| security interest noted that is issued to a licensed watercraft | 29852 |
| dealer for resale purposes. The clerk shall retain two dollars of | 29853 |
| that fee. | 29854 |
| (4) Five dollars for each memorandum certificate of title or | 29855 |
| non-negotiable evidence of ownership that is applied for | 29856 |
| separately. The clerk shall retain that entire fee. | 29857 |
| (B) The fees charged for a certificate of title and the | 29858 |
| notation or indication of any lien or security interest on a | 29859 |
| certificate of title that are not retained by the clerk shall be | 29860 |
| paid to the chief of the division of watercraft by monthly | 29861 |
| returns, which shall be forwarded to the chief not later than the | 29862 |
| fifth day of the month next succeeding that in which the | 29863 |
| certificate is forwarded, or that in which the chief is notified | 29864 |
| of a lien or security interest or cancellation of a lien or | 29865 |
| security interest. | 29866 |
| The chief shall deposit one dollar of the amount the chief | 29867 |
| receives for each certificate of title in the automated title | 29868 |
| processing fund created in section 4505.09 of the Revised Code. | 29869 |
| Moneys deposited in that fund under this section shall be used for | 29870 |
| the purpose specified in division (B)(3)(b) of that section. | 29871 |
| Sec. 1707.17. (A)(1) The license of every dealer in and | 29872 |
| salesperson of securities shall expire on the thirty-first day of | 29873 |
| December of each year, and may be renewed upon the filing with the | 29874 |
| division of securities of an application for renewal, and the | 29875 |
| payment of the fee prescribed in this section. The division shall | 29876 |
| give notice, without unreasonable delay, of its action on any | 29877 |
| application for renewal of a dealer's or salesperson's license. | 29878 |
| (2) The license of every investment adviser and investment | 29879 |
| adviser representative licensed under section 1707.141 or 1707.161 | 29880 |
| of the Revised Code shall expire on the thirty-first day of | 29881 |
| December of each year. The licenses may be renewed upon the | 29882 |
| filing with the division of an application for renewal, and the | 29883 |
| payment of the fee prescribed in division (B) of this section. The | 29884 |
| division shall give notice, without unreasonable delay, of its | 29885 |
| action on any application for renewal. | 29886 |
| (3) An investment adviser required to make a notice filing | 29887 |
| under division (B) of section 1707.141 of the Revised Code | 29888 |
| annually shall file with the division the notice filing and the | 29889 |
| fee prescribed in division (B) of this section, no later than the | 29890 |
| thirty-first day of December of each year. | 29891 |
| (4) The license of every state retirement system investment | 29892 |
| officer licensed under section 1707.163 of the Revised Code and | 29893 |
| the license of a bureau of workers' compensation chief investment | 29894 |
| officer issued under section 1707.165 of the Revised Code shall | 29895 |
| expire on the thirtieth day of June of each year. The licenses may | 29896 |
| be renewed on the filing with the division of an application for | 29897 |
| renewal, and the payment of the fee prescribed in division (B) of | 29898 |
| this section. The division shall give notice, without unreasonable | 29899 |
| delay, of its action on any application for renewal. | 29900 |
| (B)(1) The fee for each dealer's license, and for each annual | 29901 |
|
renewal thereof, shall be
| 29902 |
| (2) The fee for each salesperson's license, and for each | 29903 |
|
annual
renewal thereof, shall be | 29904 |
| (3) The fee for each investment adviser's license, and for | 29905 |
|
each annual renewal thereof, shall be
| 29906 |
| (4) The fee for each investment adviser notice filing | 29907 |
| required by division (B) of section 1707.141 of the Revised Code | 29908 |
|
shall be
| 29909 |
| (5) The fee for each investment adviser representative's | 29910 |
|
license, and for each annual renewal thereof, shall
be
| 29911 |
| fifty dollars. | 29912 |
| (6) The fee for each state retirement system investment | 29913 |
| officer's license, and for each annual renewal thereof, shall be | 29914 |
| fifty dollars. | 29915 |
| (7) The fee for a bureau of workers' compensation chief | 29916 |
| investment officer's license, and for each annual renewal thereof, | 29917 |
| shall be fifty dollars. | 29918 |
| (C) A dealer's, salesperson's, investment adviser's, | 29919 |
| investment adviser representative's, bureau of workers' | 29920 |
| compensation chief investment officer's, or state retirement | 29921 |
| system investment officer's license may be issued at any time for | 29922 |
| the remainder of the calendar year. In that event, the annual fee | 29923 |
| shall not be reduced. | 29924 |
| Sec. 1707.18. (A)(1) If a partnership licensed as a dealer | 29925 |
| is terminated under the laws of the state where the partnership is | 29926 |
| organized, or by death, resignation, withdrawal, or addition of a | 29927 |
| general partner, the license of the partnership shall be | 29928 |
| automatically extended for a period of thirty days after the | 29929 |
| termination. The license of the partnership and the licenses of | 29930 |
| its salespersons may be transferred to the successor partnership | 29931 |
| within that period if the division of securities finds that the | 29932 |
| successor partnership is substantially similar to its predecessor | 29933 |
| partnership, and if an application for transfer of license has | 29934 |
| been filed. The fee for such a transfer shall be fifty dollars, | 29935 |
|
plus | 29936 |
| transferred. | 29937 |
| (2) If a partnership licensed as an investment adviser is | 29938 |
| terminated under the laws of the state where the partnership is | 29939 |
| organized, or by death, resignation, withdrawal, or addition of a | 29940 |
| general partner, the license of the partnership shall be | 29941 |
| automatically extended for a period of thirty days after the | 29942 |
| termination. The license of the partnership shall, and the | 29943 |
| licenses of its investment adviser representatives may, be | 29944 |
| transferred to the successor partnership within that period if the | 29945 |
| division finds that the successor partnership is substantially | 29946 |
| similar to its predecessor partnership, and if an application for | 29947 |
| transfer of license has been filed. The fee for such transfer | 29948 |
|
shall be fifty dollars, plus | 29949 |
| investment adviser representative's license that is transferred. | 29950 |
| (B)(1) If a licensed dealer changes its business form, | 29951 |
| reincorporates, or by merger or otherwise becomes a different | 29952 |
| person, as person is defined in section 1707.01 of the Revised | 29953 |
| Code, upon application the division may transfer the dealer's | 29954 |
| license and the licenses of its salespersons to the successor | 29955 |
| entity, if the division finds that the successor entity is | 29956 |
| substantially similar to the predecessor entity. The fee for such | 29957 |
|
a transfer shall be fifty dollars plus
| 29958 |
| every salesperson's license transferred. | 29959 |
| (2) If a licensed investment adviser changes its business | 29960 |
| form, reincorporates, or by merger or otherwise becomes a | 29961 |
| different person, as person is defined in section 1707.01 of the | 29962 |
| Revised Code, upon application, the division may transfer the | 29963 |
| investment adviser license and the licenses of its investment | 29964 |
| adviser representatives to the successor entity, if the division | 29965 |
| finds that the successor entity is substantially similar to the | 29966 |
| predecessor entity. The fee for the transfer shall be fifty | 29967 |
|
dollars plus | 29968 |
| representative's license transferred. | 29969 |
| Sec. 1707.37. (A) All fees and charges collected under | 29970 |
| 29971 | |
| the state treasury to the credit of the division of securities | 29972 |
| fund, which is hereby created. All expenses of the division of | 29973 |
| securities, other than those specified in division (B) of this | 29974 |
| section, shall be paid from the fund. | 29975 |
| The fund shall be assessed a proportionate share of the | 29976 |
| administrative costs of the department of commerce in accordance | 29977 |
| with procedures prescribed by the director of commerce and | 29978 |
| approved by the director of budget and management. The | 29979 |
| assessments shall be paid from the division of securities fund to | 29980 |
| the division of administration fund. | 29981 |
| If moneys in the division of securities fund are determined | 29982 |
| by the director of budget and management and the director of | 29983 |
| commerce to be in excess of those necessary to defray all the | 29984 |
| expenses in any fiscal year, the director of budget and management | 29985 |
| shall transfer the excess to the general revenue fund. | 29986 |
| (B) There is hereby created in the state treasury the | 29987 |
| division of securities investor education and enforcement expense | 29988 |
| fund, which shall consist of all money received in settlement of | 29989 |
| any violation of this chapter and any cash transfers. Money in the | 29990 |
| fund shall be used to pay expenses of the division of securities | 29991 |
| relating to education or enforcement for the protection of | 29992 |
| securities investors and the public. The division may adopt rules | 29993 |
| pursuant to section 1707.20 of the Revised Code that establish | 29994 |
| what qualifies as such an expense. | 29995 |
| If the director of budget and management and the director of | 29996 |
| commerce determine that money in the fund is in excess of one | 29997 |
| million dollars at the end of a fiscal year and that any amount of | 29998 |
| that excess is not needed to defray the qualifying expenses of the | 29999 |
| division, the director of budget and management may transfer that | 30000 |
| amount to the general revenue fund. | 30001 |
| Sec. 1710.01. As used in this chapter: | 30002 |
| (A) "Special improvement district" means a special | 30003 |
| improvement district organized under this chapter. | 30004 |
| (B) "Church" means a fellowship of believers, congregation, | 30005 |
| society, corporation, convention, or association that is formed | 30006 |
| primarily or exclusively for religious purposes and that is not | 30007 |
| formed for the private profit of any person. | 30008 |
| (C) "Church property" means property that is described as | 30009 |
| being exempt from taxation under division (A)(2) of section | 30010 |
| 5709.07 of the Revised Code and that the county auditor has | 30011 |
| entered on the exempt list compiled under section 5713.07 of the | 30012 |
| Revised Code. | 30013 |
| (D) "Municipal executive" means the mayor, city manager, or | 30014 |
| other chief executive officer of the municipal corporation in | 30015 |
| which a special improvement district is located. | 30016 |
| (E) "Participating political subdivision" means the municipal | 30017 |
| corporation or township, or each of the municipal corporations or | 30018 |
| townships, that has territory within the boundaries of a special | 30019 |
| improvement district created under this chapter. | 30020 |
| (F) "Legislative authority of a participating political | 30021 |
| subdivision" means, with reference to a township, the board of | 30022 |
| township trustees. | 30023 |
| (G) "Public improvement" means the planning, design, | 30024 |
| construction, reconstruction, enlargement, or alteration of any | 30025 |
| facility or improvement, including the acquisition of land, for | 30026 |
| which a special assessment may be levied under Chapter 727. of the | 30027 |
| Revised Code. | 30028 |
| (H) "Public service" means any service that can be provided | 30029 |
| by a municipal corporation or any service for which a special | 30030 |
| assessment may be levied under Chapter 727. of the Revised Code. | 30031 |
| (I) "Existing qualified nonprofit corporation" means a | 30032 |
| nonprofit corporation that existed before the creation of the | 30033 |
| corresponding district under this chapter, that is composed of | 30034 |
| members located within or adjacent to the district, that has | 30035 |
| established a police department under section 1702.80 of the | 30036 |
| Revised Code, and that is organized for purposes that include | 30037 |
| acquisition of real property within an area specified by its | 30038 |
| articles for the subsequent transfer of such property to its | 30039 |
| members exclusively for charitable, scientific, literary, or | 30040 |
| educational purposes, or holding and maintaining and leasing such | 30041 |
| property; planning for and assisting in the development of its | 30042 |
| members; providing for the relief of the poor and distressed or | 30043 |
| underprivileged in the area and adjacent areas; combating | 30044 |
| community deterioration and lessening the burdens of government; | 30045 |
| providing or assisting others in providing housing for low- or | 30046 |
| moderate-income persons; and assisting its members by the | 30047 |
| provision of public safety and security services, parking | 30048 |
| facilities, transit service, landscaping, and parks. | 30049 |
| Sec. 1710.02. (A) A special improvement district may be | 30050 |
| created within the boundaries of any one municipal corporation, | 30051 |
| any one township, or any combination of contiguous municipal | 30052 |
|
corporations and townships | 30053 |
| 30054 | |
| implementing plans for public improvements and public services | 30055 |
| that benefit the district. A district may be created by petition | 30056 |
| of the owners of real property within the proposed district, or by | 30057 |
| an existing qualified nonprofit corporation. If the district is | 30058 |
| created by an existing qualified nonprofit corporation, the | 30059 |
| purposes for which the district is created may be supplemental to | 30060 |
| the other purposes for which the corporation is organized. All | 30061 |
| territory in a district shall be contiguous. | 30062 |
| The district shall be governed by the board of trustees of a | 30063 |
| nonprofit corporation. This board shall be known as the board of | 30064 |
| directors of the special improvement district. No special | 30065 |
| improvement district shall include any church property, or | 30066 |
| property of the federal or state government or a county, township, | 30067 |
| or municipal corporation, unless the church or the county, | 30068 |
| township, or municipal corporation specifically requests in | 30069 |
| writing that the property be included within the district, or | 30070 |
| unless the church is a member of the existing qualified nonprofit | 30071 |
| corporation creating the district at the time the district is | 30072 |
| created. More than one district may be created within a | 30073 |
| participating political subdivision, but no real property may be | 30074 |
| included within more than one district unless the owner of the | 30075 |
| property files a written consent with the clerk of the legislative | 30076 |
| authority, the township fiscal officer, or the village clerk, as | 30077 |
| appropriate. The area of each district shall be contiguous. | 30078 |
| (B) Except as provided in division (C) of this section, a | 30079 |
| district created under this chapter is not a political | 30080 |
| subdivision. A district created under this chapter shall be | 30081 |
| considered a public agency under section 102.01 and a public | 30082 |
| authority under section 4115.03 of the Revised Code. Each member | 30083 |
| of the board of directors of a district, each member's designee or | 30084 |
| proxy, and each officer and employee of a district shall be | 30085 |
| considered a public official or employee under section 102.01 of | 30086 |
| the Revised Code and a public official and public servant under | 30087 |
| section 2921.42 of the Revised Code. Districts created under this | 30088 |
| chapter are not subject to section 121.24 of the Revised Code. | 30089 |
| Districts created under this chapter are subject to sections | 30090 |
| 121.22 and 121.23 of the Revised Code. | 30091 |
| (C) Each district created under this chapter shall be | 30092 |
| considered a political subdivision for purposes of section 4905.34 | 30093 |
| of the Revised Code. | 30094 |
| Membership on the board of directors of the district shall | 30095 |
| not be considered as holding a public office. Directors and their | 30096 |
| designees shall be entitled to the immunities provided by Chapter | 30097 |
| 1702. and to the same immunity as an employee under division | 30098 |
| (A)(6) of section 2744.03 of the Revised Code, except that | 30099 |
| directors and their designees shall not be entitled to the | 30100 |
| indemnification provided in section 2744.07 of the Revised Code | 30101 |
| unless the director or designee is an employee or official of a | 30102 |
| participating political subdivision of the district and is acting | 30103 |
| within the scope of the director's or designee's employment or | 30104 |
| official responsibilities. | 30105 |
| District officers and district members and directors and | 30106 |
| their designees or proxies shall not be required to file a | 30107 |
| statement with the Ohio ethics commission under section 102.02 of | 30108 |
| the Revised Code. All records of the district shall be treated as | 30109 |
| public records under section 149.43 of the Revised Code, except | 30110 |
| that records of organizations contracting with a district shall | 30111 |
| not be considered to be public records under section 149.43 or | 30112 |
| section 149.431 of the Revised Code solely by reason of any | 30113 |
| contract with a district. | 30114 |
| (D) Except as otherwise provided in this section, the | 30115 |
| nonprofit corporation that governs a district shall be organized | 30116 |
|
in the manner described in Chapter 1702. of the Revised Code.
| 30117 |
| Except in the case of a district created by an existing qualified | 30118 |
| nonprofit corporation, the corporation's articles of incorporation | 30119 |
| are required to be approved, as provided in division (E) of this | 30120 |
| section, by resolution of the legislative authority of each | 30121 |
| participating political subdivision of the district. A copy of | 30122 |
| that resolution shall be filed along with the articles of | 30123 |
| incorporation in the secretary of state's office. | 30124 |
| In addition to meeting the requirements for articles of | 30125 |
| incorporation set forth in Chapter 1702. of the Revised Code, the | 30126 |
| articles of incorporation for the nonprofit corporation governing | 30127 |
| a district formed under this chapter shall provide all the | 30128 |
| following: | 30129 |
| (1) The name for the district, which shall include the name | 30130 |
| of each participating political subdivision of the district; | 30131 |
| (2) A description of the territory within the district, which | 30132 |
| may be all or part of each participating political subdivision. | 30133 |
| The description shall be specific enough to enable real property | 30134 |
| owners to determine if their property is located within the | 30135 |
| district. | 30136 |
| (3) A description of the procedure by which the articles of | 30137 |
| incorporation may be amended. The procedure shall include | 30138 |
| receiving approval of the amendment, by resolution, from the | 30139 |
| legislative authority of each participating political subdivision | 30140 |
| and filing the approved amendment and resolution with the | 30141 |
| secretary of state. | 30142 |
| (4) The reasons for creating the district, plus an | 30143 |
| explanation of how the district will be conducive to the public | 30144 |
| health, safety, peace, convenience, and welfare of the district. | 30145 |
| (E) The articles of incorporation for a nonprofit corporation | 30146 |
| governing a district created under this chapter and amendments to | 30147 |
| them shall be submitted to the municipal executive, if any, and | 30148 |
| the legislative authority of each municipal corporation or | 30149 |
|
township in which
the proposed district is to be
located | 30150 |
| in the case of a district created by an existing qualified | 30151 |
| nonprofit corporation, the articles or amendments shall be | 30152 |
| accompanied by a petition signed either by the owners of at least | 30153 |
| sixty per cent of the front footage of all real property located | 30154 |
| in the proposed district that abuts upon any street, alley, public | 30155 |
| road, place, boulevard, parkway, park entrance, easement, or other | 30156 |
| existing public improvement within the proposed district, | 30157 |
| excluding church property or property owned by the state, county, | 30158 |
| township, municipal, or federal government, unless a church, | 30159 |
| county, township, or municipal corporation has specifically | 30160 |
| requested in writing that the property be included in the | 30161 |
| district, or by the owners of at least seventy-five per cent of | 30162 |
| the area of all real property located within the proposed | 30163 |
| district, excluding church property or property owned by the | 30164 |
| state, county, township, municipal, or federal government, unless | 30165 |
| a church, county, township, or municipal corporation has | 30166 |
| specifically requested in writing that the property be included in | 30167 |
| the district. For purposes of determining compliance with these | 30168 |
| requirements, the area of the district, or the front footage and | 30169 |
| ownership of property, shall be as shown in the most current | 30170 |
| records available at the county recorder's office and the county | 30171 |
| engineer's office sixty days prior to the date on which the | 30172 |
| petition is filed. | 30173 |
| Each municipal corporation or township with which the | 30174 |
| petition is filed has sixty days to approve or disapprove, by | 30175 |
| resolution, the petition, including the articles of incorporation. | 30176 |
| In the case of a district created by an existing qualified | 30177 |
| nonprofit corporation, each municipal corporation or township has | 30178 |
| sixty days to approve or disapprove the creation of the district | 30179 |
| after the corporation submits the articles of incorporation or | 30180 |
| amendments thereto. This chapter does not prohibit or restrict the | 30181 |
| rights of municipal corporations under Article XVIII of the Ohio | 30182 |
| Constitution or the right of the municipal legislative authority | 30183 |
| to impose reasonable conditions in a resolution of approval. | 30184 |
| (F) Persons proposing creation and operation of the district | 30185 |
| may propose an initial plan for public services or public | 30186 |
| improvements that benefit all or any part of the district. Any | 30187 |
| initial plan shall be submitted as part of the petition proposing | 30188 |
| creation of the district or, in the case of a district created by | 30189 |
| an existing qualified nonprofit corporation, shall be submitted | 30190 |
| with the articles of incorporation or amendments thereto. | 30191 |
| An initial plan may include provisions for the following: | 30192 |
| (1) Creation and operation of the district and of the | 30193 |
| nonprofit corporation to govern the district under this chapter; | 30194 |
| (2) Hiring employees and professional services; | 30195 |
| (3) Contracting for insurance; | 30196 |
| (4) Purchasing or leasing office space and office equipment; | 30197 |
| (5) Other actions necessary initially to form, operate, or | 30198 |
| organize the district and the nonprofit corporation to govern the | 30199 |
| district; | 30200 |
| (6) A plan for public improvements or public services that | 30201 |
| benefit all or part of the district, which plan shall comply with | 30202 |
| the requirements of division (A) of section 1710.06 of the Revised | 30203 |
| Code and may include, but is not limited to, any of the permissive | 30204 |
| provisions described in the fourth sentence of that division or | 30205 |
| listed in divisions (A)(1) to (5) of that section. | 30206 |
| After the initial plan is approved by all municipal | 30207 |
| corporations and townships to which it is submitted for approval | 30208 |
| and the district is created, each participating subdivision shall | 30209 |
| levy a special assessment within its boundaries to pay for the | 30210 |
| costs of the initial plan. The levy shall be for no more than ten | 30211 |
| years from the date of the approval of the initial plan. For | 30212 |
| purposes of levying an assessment for this initial plan, the | 30213 |
| services or improvements included in the initial plan shall be | 30214 |
| deemed a special benefit to property owners within the district. | 30215 |
| (G) Each nonprofit corporation governing a district under | 30216 |
| this chapter may do the following: | 30217 |
| (1) Exercise all powers of nonprofit corporations granted | 30218 |
| under Chapter 1702. of the Revised Code that do not conflict with | 30219 |
| this chapter; | 30220 |
| (2) Develop, adopt, revise, implement, and repeal plans for | 30221 |
| public improvements and public services for all or any part of the | 30222 |
| district; | 30223 |
| (3) Contract with any person, political subdivision as | 30224 |
| defined in section 2744.01 of the Revised Code, or state agency as | 30225 |
| defined in section 1.60 of the Revised Code to develop and | 30226 |
| implement plans for public improvements or public services within | 30227 |
| the district; | 30228 |
| (4) Contract and pay for insurance for the district and for | 30229 |
| directors, officers, agents, contractors, employees, or members of | 30230 |
| the district for any consequences of the implementation of any | 30231 |
| plan adopted by the district or any actions of the district. | 30232 |
| Sec. 1710.03. (A) | 30233 |
| 30234 | |
| 30235 | |
| 30236 | |
| 30237 | |
| owner of real property within a special improvement district other | 30238 |
| than the state or federal government is a member of the district, | 30239 |
| and the real property of each member of the district is subject to | 30240 |
| special assessment under division (C) of section 1710.06 of the | 30241 |
|
Revised Code. | 30242 |
| the church specifically requested in writing that its property be | 30243 |
| included in the district or unless, in the case of a district | 30244 |
| created by an existing qualified nonprofit corporation, the church | 30245 |
| is a member of the corporation at the time the district is | 30246 |
| created. A county, township, or municipal corporation owning real | 30247 |
| property in the district is not a member of the district unless | 30248 |
| such entity specifically requested in writing that its property | 30249 |
| be included in the district. | 30250 |
| The identity and address of the owners shall be determined | 30251 |
| for any particular action of the nonprofit corporation that | 30252 |
| governs the district, including notice of meetings of the | 30253 |
| district, no more than sixty days prior to the date of the | 30254 |
| action, from the most current records available at the county | 30255 |
| auditor's office. For purposes of this chapter, the persons shown | 30256 |
| on such records as having common or joint ownership interests in | 30257 |
| a parcel of real property collectively shall constitute the owner | 30258 |
| of the real property. | 30259 |
| (B) A member may file a written statement with the district's | 30260 |
| secretary at least three days prior to any meeting of the entire | 30261 |
| membership of the district to appoint a proxy to carry out the | 30262 |
| member's rights and responsibilities under this chapter at that | 30263 |
| meeting. | 30264 |
| (C) A member also may appoint a designee to carry out the | 30265 |
| member's rights and responsibilities under this chapter by filing | 30266 |
| a written designation form with the district's secretary. This | 30267 |
| form shall include the name and address of the member, the name | 30268 |
| and address of the designee, and the expiration date, if any, of | 30269 |
| the designation and may authorize the designee to vote at any | 30270 |
| meeting of the district. | 30271 |
| (D) A proxy or designee need not be an elector or resident of | 30272 |
| any participating political subdivision of the district or a | 30273 |
| member of the district. The appointment of a proxy or a designee | 30274 |
| may be changed by filing a new form with the district's secretary. | 30275 |
| The most current form filed with the secretary is the valid | 30276 |
| appointment. Service of any notice upon a proxy or designee at the | 30277 |
| proxy's or designee's address as shown on that form satisfies any | 30278 |
| requirements for notification of the member. | 30279 |
| Sec. 1710.04. (A) A special improvement district created | 30280 |
| under this chapter shall be governed by the board of directors of | 30281 |
| the special improvement district. The board shall consist of at | 30282 |
| least five directors. The board shall include a person appointed | 30283 |
| by the legislative authority of each participating political | 30284 |
| subdivision and the municipal executive of each municipal | 30285 |
| corporation with territory within the boundaries of the special | 30286 |
| improvement district. The remainder of the board's members shall | 30287 |
| be members of the district. Except for the municipal executives | 30288 |
| and the appointees of the legislative authorities, and except as | 30289 |
| otherwise provided in this division, members of the board of | 30290 |
| directors shall be elected at a meeting of the entire membership | 30291 |
| of the district. The initial election of directors may occur at | 30292 |
| the first meeting of the entire membership of the district after | 30293 |
| its creation. All subsequent elections shall be held at a November | 30294 |
| meeting of the membership. | 30295 |
| Each municipal executive may designate one person who is an | 30296 |
| employee of the municipal corporation involved with its planning | 30297 |
| or economic development functions to serve in the municipal | 30298 |
| executive's stead. This designee shall serve at the pleasure of | 30299 |
| the municipal executive. | 30300 |
| In the case of a district created by an existing qualified | 30301 |
| nonprofit corporation, the corporation's board of trustees or | 30302 |
| other governing board, however denominated, shall be the board of | 30303 |
| directors of the special improvement district for the purposes of | 30304 |
| this chapter. The election of directors otherwise required by this | 30305 |
| division shall not be required, and the requirement that municipal | 30306 |
| executives and appointees of the legislative authorities be | 30307 |
| members of the district's board of directors may be satisfied by | 30308 |
| the membership on the corporation's governing board of | 30309 |
| representatives of such participating political subdivisions, or | 30310 |
| may be waived if approved by resolution of the legislative | 30311 |
| authorities of the participating political subdivisions. | 30312 |
| (B) A director may file a written statement with the | 30313 |
| district's secretary at least three days prior to any meeting of | 30314 |
| the board to have a person act as proxy to carry out the | 30315 |
| director's rights and responsibilities under this chapter at that | 30316 |
| meeting. | 30317 |
| A director may also appoint a designee to carry out the | 30318 |
| director's rights and responsibilities under this chapter by | 30319 |
| filing a written designation form with the district's secretary. | 30320 |
| This form shall include the name and address of the director, the | 30321 |
| name and address of the designee, and the expiration date, if any, | 30322 |
| of the designation. | 30323 |
| A proxy or designee need not be an elector or resident of a | 30324 |
| participating political subdivision of the district or a member of | 30325 |
| the district. The appointment of a proxy or designee may be | 30326 |
| changed by filing a new form with the district's secretary. The | 30327 |
| most current form filed with the secretary is the valid | 30328 |
| appointment. Service of any notice upon a proxy or designee at the | 30329 |
| proxy's or designee's address as shown on that form satisfies any | 30330 |
| requirements for notification of the director. | 30331 |
| (C) Notice of the time, date, place, and agenda for any | 30332 |
| meeting of the board of directors shall be by written notice to | 30333 |
| each director, transmitted by certified mail, personal service, or | 30334 |
| electronic device prior to the meeting. If possible, the notice | 30335 |
| shall be served at least one week prior to the meeting. | 30336 |
| The board shall act by a majority vote of those present and | 30337 |
| authorized to vote at any meeting where proper notice has been | 30338 |
| served. | 30339 |
| (D) The board shall elect a chairperson, vice-chairperson, | 30340 |
| secretary, and treasurer of the board. These officers shall serve | 30341 |
| at the board's pleasure. A director may be elected to more than | 30342 |
| one office, except that the director elected as treasurer shall | 30343 |
| not be elected to any other office of the board. | 30344 |
| By the first day of March of each year, the treasurer shall | 30345 |
| submit to each member of the district and to the municipal | 30346 |
| executive, chief fiscal officer, and legislative authority of each | 30347 |
| municipal corporation with territory within the boundaries of the | 30348 |
| special improvement district and the board of township trustees of | 30349 |
| each township with territory within the boundaries of the special | 30350 |
| improvement district, a report of the district's activities and | 30351 |
| financial condition for the previous year. | 30352 |
| (E) Divisions (B), (C), and (D) of this section do not apply | 30353 |
| to a district created by an existing qualified nonprofit | 30354 |
| corporation to the extent those divisions are not consistent with | 30355 |
| the regulations of the corporation, in which case the regulations | 30356 |
| of the corporation shall govern. | 30357 |
| Sec. 1710.06. (A) The board of directors of a special | 30358 |
| improvement district may develop and adopt one or more written | 30359 |
| plans for public improvements or public services that benefit all | 30360 |
| or any part of the district. Each plan shall set forth the | 30361 |
| specific public improvements or public services that are to be | 30362 |
| provided, identify the area in which they will be provided, and | 30363 |
| specify the method of assessment to be used. Each plan for public | 30364 |
| improvements or public services shall indicate the period of time | 30365 |
| the assessments are to be levied for the improvements and services | 30366 |
| and, if public services are included in the plan, the period of | 30367 |
| time the services are to remain in effect. Plans for public | 30368 |
| improvements may include the planning, design, construction, | 30369 |
| reconstruction, enlargement, or alteration of any public | 30370 |
| improvements and the acquisition of land for the improvements. | 30371 |
| Plans for public improvements or public services may also include, | 30372 |
| but are not limited to, provisions for the following: | 30373 |
| (1) Creating and operating the district and the nonprofit | 30374 |
| corporation under this chapter, including hiring employees and | 30375 |
| professional services, contracting for insurance, and purchasing | 30376 |
| or leasing office space and office equipment and other | 30377 |
| requirements of the district; | 30378 |
| (2) Planning, designing, and implementing a public | 30379 |
| improvements or public services plan, including hiring | 30380 |
| architectural, engineering, legal, appraisal, insurance, and | 30381 |
| planning services, and, for public services, managing, protecting, | 30382 |
| and maintaining public and private facilities, including public | 30383 |
| improvements; | 30384 |
| (3) Conducting court proceedings to carry out this chapter; | 30385 |
| (4) Paying damages resulting from the provision of public | 30386 |
| improvements or public services and implementing the plans; | 30387 |
| (5) Paying the costs of issuing, paying interest on, and | 30388 |
| redeeming notes and bonds issued for funding public improvements | 30389 |
| and public services plans. | 30390 |
| (B) Once the board of directors adopts a plan, it shall | 30391 |
| submit the plan to the legislative authority of each participating | 30392 |
| political subdivision and the municipal executive of each | 30393 |
| municipal corporation in which the district is located, if any. | 30394 |
| The legislative authorities and municipal executives shall review | 30395 |
| the plan and, within sixty days after receiving it, may submit | 30396 |
| their comments and recommendations about it to the district. After | 30397 |
| reviewing these comments and recommendations, the board of | 30398 |
| directors may amend the plan. It may then submit the plan, amended | 30399 |
| or otherwise, in the form of a petition to members of the district | 30400 |
| whose property may be assessed for the plan. Once the petition is | 30401 |
| signed by those members who own at least sixty per cent of the | 30402 |
| front footage of property that is to be assessed and that abuts | 30403 |
| upon a street, alley, public road, place, boulevard, parkway, park | 30404 |
| entrance, easement, or other public improvement, or those members | 30405 |
| who own at least seventy-five per cent of the area to be assessed | 30406 |
| for the improvement or service, the petition may be submitted to | 30407 |
| each legislative authority for approval. | 30408 |
| Each legislative authority shall, by resolution, approve or | 30409 |
| reject the petition within sixty days after receiving it. If the | 30410 |
| petition is approved by the legislative authority of each | 30411 |
| participating political subdivision, the plan contained in the | 30412 |
| petition shall be effective at the earliest date on which a | 30413 |
| nonemergency resolution of the legislative authority with the | 30414 |
| latest effective date may become effective. A plan may not be | 30415 |
| resubmitted to the legislative authorities and municipal | 30416 |
| executives more than three times in any twelve-month period. | 30417 |
| (C) Each participating political subdivision shall levy, by | 30418 |
| special assessment upon specially benefited property located | 30419 |
| within the district, the costs of any public improvements or | 30420 |
| public services plan contained in a petition approved by the | 30421 |
| participating political subdivisions under this section or | 30422 |
| division (F) of section 1710.02 of the Revised Code. The levy | 30423 |
| shall be made in accordance with the procedures set forth in | 30424 |
| Chapter 727. of the Revised Code, except that: | 30425 |
| (1) The assessment for each improvements or services plan may | 30426 |
| be levied by any one or any combination of the methods of | 30427 |
| assessment listed in section 727.01 of the Revised Code, provided | 30428 |
| that the assessment is uniformly applied. | 30429 |
| (2) For the purpose of levying an assessment, the board of | 30430 |
| directors may combine one or more improvements or services plans | 30431 |
| or parts of plans and levy a single assessment against specially | 30432 |
| benefited property. | 30433 |
| (3) For purposes of special assessments levied by a township | 30434 |
| pursuant to this chapter, references in Chapter 727. of the | 30435 |
| Revised Code to the municipal corporation shall be deemed to refer | 30436 |
| to the township, and references to the legislative authority of | 30437 |
| the municipal corporation shall be deemed to refer to the board of | 30438 |
| township trustees. | 30439 |
| Church property or property owned by a political subdivision, | 30440 |
| including any participating political subdivision in which a | 30441 |
| special improvement district is located, shall be included in and | 30442 |
| be subject to special assessments made pursuant to a plan adopted | 30443 |
| under this section or division (F) of section 1710.02 of the | 30444 |
| Revised Code, if the church or political subdivision has | 30445 |
| specifically requested in writing that its property be included | 30446 |
| within the special improvement district and the church or | 30447 |
| political subdivision is a member of the district or, in the case | 30448 |
| of a district created by an existing qualified nonprofit | 30449 |
| corporation, if the church is a member of the corporation. | 30450 |
| (D) All rights and privileges of property owners who are | 30451 |
| assessed under Chapter 727. of the Revised Code shall be granted | 30452 |
| to property owners assessed under this chapter, including those | 30453 |
| rights and privileges specified in sections 727.15 to 727.17 and | 30454 |
| 727.18 to 727.22 of the Revised Code and the right to notice of | 30455 |
| the resolution of necessity and the filing of the estimated | 30456 |
| assessment under section 727.13 of the Revised Code. Property | 30457 |
| owners assessed for public services under this chapter shall have | 30458 |
| the same rights and privileges as property owners assessed for | 30459 |
| public improvements under this chapter. | 30460 |
| Sec. 1710.10. (A) When a participating political subdivision | 30461 |
| contracts to provide improvements or services to a special | 30462 |
| improvement district, the participating political subdivision | 30463 |
| shall charge only its additional cost of providing the improvement | 30464 |
| or service, without any allocation of overhead costs, fixed costs, | 30465 |
| or assignment of costs at rates higher than those at which the | 30466 |
| participating political subdivision assigns costs for similar | 30467 |
| improvements or services for political subdivision purposes. | 30468 |
| (B) | 30469 |
| existing qualified nonprofit corporation, any law enforcement or | 30470 |
| fire protection service to be provided under a district's public | 30471 |
| service plan shall be provided only by contract with a | 30472 |
|
participating political subdivision of the
district. | 30473 |
| case of a district created by an existing qualified nonprofit | 30474 |
| corporation, the corporation may provide law enforcement service | 30475 |
| as provided under section 1702.80 of the Revised Code. | 30476 |
| The district shall reimburse the participating political | 30477 |
| subdivision for any additional cost incurred in providing that | 30478 |
| law enforcement or fire protection service. This additional cost | 30479 |
| shall not include any overhead, fixed costs, or assignment of | 30480 |
| costs at rates higher than those at which the political | 30481 |
| subdivision assigns costs for these services for political | 30482 |
| subdivision purposes. | 30483 |
| (C) Any liability for providing fire or police services under | 30484 |
| this section by a participating political subdivision shall remain | 30485 |
| with the participating political subdivision and shall not be | 30486 |
| assumed by the district. | 30487 |
| Sec. 1710.13. | 30488 |
| improvement district created by an existing qualified nonprofit | 30489 |
| corporation. | 30490 |
| The process for dissolving a special improvement district or | 30491 |
| repealing an improvements or services plan may be initiated by a | 30492 |
| petition signed by members of the district who own at least twenty | 30493 |
| per cent of the appraised value of the real property located in | 30494 |
| the district, excluding church property or real property owned by | 30495 |
| the federal government, the state, or a county, township, or | 30496 |
| municipal corporation, unless the church, county, township, or | 30497 |
| municipal corporation has specifically requested in writing that | 30498 |
| the property be included in the district, and filed with the | 30499 |
| municipal executive, if any, and the legislative authorities of | 30500 |
| all the participating political subdivisions of the district. As | 30501 |
| used in this section, "appraised value" means the taxable value | 30502 |
| established by the county auditor for purposes of real estate | 30503 |
| taxation. | 30504 |
| No later than forty-five days after such a petition is filed, | 30505 |
| the members of the district shall meet to consider it. Notice of | 30506 |
| the meeting shall be given as provided in section 1710.05 of the | 30507 |
| Revised Code. Upon the affirmative vote of members who | 30508 |
| collectively own more than fifty per cent of the appraised value | 30509 |
| of the real property in the district that may be subject to | 30510 |
| assessment under division (C) of section 1710.06 of the Revised | 30511 |
| Code, the district shall be dissolved, or the plan shall be | 30512 |
| repealed, as applicable. | 30513 |
| No rights or obligations of any person under any contract, or | 30514 |
| in relation to any bonds, notes, or assessments made under this | 30515 |
| chapter, shall be affected by the dissolution of the district or | 30516 |
| the repeal of a plan, except with the consent of that person or by | 30517 |
| order of a court with jurisdiction over the matter. Upon | 30518 |
| dissolution of a district, any assets or rights of the district, | 30519 |
| after payment of all bonds, notes, or other obligations of the | 30520 |
| district, shall be deposited in a special account in the treasury | 30521 |
| of each participating political subdivision, prorated among all | 30522 |
| participating political subdivisions to reflect the percentage of | 30523 |
| the district's territory within that political subdivision, to be | 30524 |
| used for the benefit of the territory that made up the district. | 30525 |
| Once the members have approved the repeal of a plan, all | 30526 |
| bonds, notes, and other obligations of the district associated | 30527 |
| with the plan shall be paid. Thereafter, the plan shall be | 30528 |
| repealed. Upon receipt of proof that all bonds, notes, and other | 30529 |
| obligations have been paid and that the plan has been repealed, | 30530 |
| the participating political subdivisions shall terminate any | 30531 |
| levies imposed to pay for costs of the plan. | 30532 |
| Sec. 1724.04. A county | 30533 |
| 30534 | |
| 30535 | |
| adopt and implement the procedures set forth in sections 5722.02 | 30536 |
| to 5722.15 of the Revised Code may organize a county land | 30537 |
| reutilization corporation under this chapter and Chapter 1702. | 30538 |
| of the Revised Code for the purpose of exercising the powers | 30539 |
| granted to a county under Chapter 5722. of the Revised Code. The | 30540 |
| county treasurer of the county for the benefit of which the | 30541 |
| corporation is being organized shall be the incorporator of the | 30542 |
| county land reutilization corporation. The form of the articles | 30543 |
| of incorporation of the corporation shall be approved by | 30544 |
| resolution of the board of county commissioners of the county. A | 30545 |
| county land reutilization corporation may not be organized under | 30546 |
|
this chapter after the day that is one year after
| 30547 |
| 30548 | |
| 30549 |
| When the articles of incorporation of any community | 30550 |
| improvement corporation, or any amendment, amended articles, | 30551 |
| merger, or consolidation which provides for the creation of such a | 30552 |
| corporation, are deposited for filing and recording in the office | 30553 |
| of the secretary of state, the secretary of state shall submit | 30554 |
| them to the attorney general for examination. If such articles, | 30555 |
| amendment, amended articles, merger, or consolidation, are found | 30556 |
| by the attorney general to be in accordance with Chapter 1724. of | 30557 |
| the Revised Code, and not inconsistent with the constitution and | 30558 |
| laws of the United States and of this state, the attorney general | 30559 |
| shall endorse thereon the attorney general's approval and deliver | 30560 |
| them to the secretary of state, who shall file and record them | 30561 |
| pursuant to section 1702.07 of the Revised Code. | 30562 |
| Sec. 1739.05. (A) A multiple employer welfare arrangement | 30563 |
| that is created pursuant to sections 1739.01 to 1739.22 of the | 30564 |
| Revised Code and that operates a group self-insurance program may | 30565 |
| be established only if any of the following applies: | 30566 |
| (1) The arrangement has and maintains a minimum enrollment of | 30567 |
| three hundred employees of two or more employers. | 30568 |
| (2) The arrangement has and maintains a minimum enrollment of | 30569 |
| three hundred self-employed individuals. | 30570 |
| (3) The arrangement has and maintains a minimum enrollment of | 30571 |
| three hundred employees or self-employed individuals in any | 30572 |
| combination of divisions (A)(1) and (2) of this section. | 30573 |
| (B) A multiple employer welfare arrangement that is created | 30574 |
| pursuant to sections 1739.01 to 1739.22 of the Revised Code and | 30575 |
| that operates a group self-insurance program shall comply with all | 30576 |
| laws applicable to self-funded programs in this state, including | 30577 |
| sections 3901.04, 3901.041, 3901.19 to 3901.26, 3901.38, 3901.381 | 30578 |
| to 3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14, | 30579 |
| 3923.24, 3923.282, 3923.30, 3923.301, 3923.38, 3923.581, 3923.63, | 30580 |
| 3923.80, 3923.84, 3924.031, 3924.032, and 3924.27 of the Revised | 30581 |
| Code. | 30582 |
| (C) A multiple employer welfare arrangement created pursuant | 30583 |
| to sections 1739.01 to 1739.22 of the Revised Code shall solicit | 30584 |
| enrollments only through agents or solicitors licensed pursuant to | 30585 |
| Chapter 3905. of the Revised Code to sell or solicit sickness and | 30586 |
| accident insurance. | 30587 |
| (D) A multiple employer welfare arrangement created pursuant | 30588 |
| to sections 1739.01 to 1739.22 of the Revised Code shall provide | 30589 |
| benefits only to individuals who are members, employees of | 30590 |
| members, or the dependents of members or employees, or are | 30591 |
| eligible for continuation of coverage under section 1751.53 or | 30592 |
| 3923.38 of the Revised Code or under Title X of the "Consolidated | 30593 |
| Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29 | 30594 |
| U.S.C.A. 1161, as amended. | 30595 |
| Sec. 1751.03. (A) Each application for a certificate of | 30596 |
| authority under this chapter shall be verified by an officer or | 30597 |
| authorized representative of the applicant, shall be in a format | 30598 |
| prescribed by the superintendent of insurance, and shall set forth | 30599 |
| or be accompanied by the following: | 30600 |
| (1) A certified copy of the applicant's articles of | 30601 |
| incorporation and all amendments to the articles of incorporation; | 30602 |
| (2) A copy of any regulations adopted for the government of | 30603 |
| the corporation, any bylaws, and any similar documents, and a copy | 30604 |
| of all amendments to these regulations, bylaws, and documents. The | 30605 |
| corporate secretary shall certify that these regulations, bylaws, | 30606 |
| documents, and amendments have been properly adopted or approved. | 30607 |
| (3) A list of the names, addresses, and official positions of | 30608 |
| the persons responsible for the conduct of the applicant, | 30609 |
| including all members of the board, the principal officers, and | 30610 |
| the person responsible for completing or filing financial | 30611 |
| statements with the department of insurance, accompanied by a | 30612 |
| completed original biographical affidavit and release of | 30613 |
| information for each of these persons on forms acceptable to the | 30614 |
| department; | 30615 |
| (4) A full and complete disclosure of the extent and nature | 30616 |
| of any contractual or other financial arrangement between the | 30617 |
| applicant and any provider or a person listed in division (A)(3) | 30618 |
| of this section, including, but not limited to, a full and | 30619 |
| complete disclosure of the financial interest held by any such | 30620 |
| provider or person in any health care facility, provider, or | 30621 |
| insurer that has entered into a financial relationship with the | 30622 |
| health insuring corporation; | 30623 |
| (5) A description of the applicant, its facilities, and its | 30624 |
| personnel, including, but not limited to, the location, hours of | 30625 |
| operation, and telephone numbers of all contracted facilities; | 30626 |
| (6) The applicant's projected annual enrollee population over | 30627 |
| a three-year period; | 30628 |
| (7) A clear and specific description of the health care plan | 30629 |
| or plans to be used by the applicant, including a description of | 30630 |
| the proposed providers, procedures for accessing care, and the | 30631 |
| form of all proposed and existing contracts relating to the | 30632 |
| administration, delivery, or financing of health care services; | 30633 |
| (8) A copy of each type of evidence of coverage and | 30634 |
| identification card or similar document to be issued to | 30635 |
| subscribers; | 30636 |
| (9) A copy of each type of individual or group policy, | 30637 |
| contract, or agreement to be used; | 30638 |
| (10) The schedule of the proposed contractual periodic | 30639 |
| prepayments or premium rates, or both, accompanied by appropriate | 30640 |
| supporting data; | 30641 |
| (11) A financial plan which provides a three-year projection | 30642 |
| of operating results, including the projected expenses, income, | 30643 |
| and sources of working capital; | 30644 |
| (12) The enrollee complaint procedure to be utilized as | 30645 |
| required under section 1751.19 of the Revised Code; | 30646 |
| (13) A description of the procedures and programs to be | 30647 |
| implemented on an ongoing basis to assure the quality of health | 30648 |
| care services delivered to enrollees, including, if applicable, a | 30649 |
| description of a quality assurance program complying with the | 30650 |
| requirements of sections 1751.73 to 1751.75 of the Revised Code; | 30651 |
| (14) A statement describing the geographic area or areas to | 30652 |
| be served, by county; | 30653 |
| (15) A copy of all solicitation documents; | 30654 |
| (16) A balance sheet and other financial statements showing | 30655 |
| the applicant's assets, liabilities, income, and other sources of | 30656 |
| financial support; | 30657 |
| (17) A description of the nature and extent of any | 30658 |
| reinsurance program to be implemented, and a demonstration that | 30659 |
| errors and omission insurance and, if appropriate, fidelity | 30660 |
| insurance, will be in place upon the applicant's receipt of a | 30661 |
| certificate of authority; | 30662 |
| (18) Copies of all proposed or in force related-party or | 30663 |
| intercompany agreements with an explanation of the financial | 30664 |
| impact of these agreements on the applicant. If the applicant | 30665 |
| intends to enter into a contract for managerial or administrative | 30666 |
| services, with either an affiliated or an unaffiliated person, the | 30667 |
| applicant shall provide a copy of the contract and a detailed | 30668 |
| description of the person to provide these services. The | 30669 |
| description shall include that person's experience in managing or | 30670 |
| administering health care plans, a copy of that person's most | 30671 |
| recent audited financial statement, and a completed biographical | 30672 |
| affidavit on a form acceptable to the superintendent for each of | 30673 |
| that person's principal officers and board members and for any | 30674 |
| additional employee to be directly involved in providing | 30675 |
| managerial or administrative services to the health insuring | 30676 |
| corporation. If the person to provide managerial or administrative | 30677 |
| services is affiliated with the health insuring corporation, the | 30678 |
| contract must provide for payment for services based on actual | 30679 |
| costs. | 30680 |
| (19) A statement from the applicant's board that the admitted | 30681 |
| assets of the applicant have not been and will not be pledged or | 30682 |
| hypothecated; | 30683 |
| (20) A statement from the applicant's board that the | 30684 |
| applicant will submit monthly financial statements during the | 30685 |
| first year of operations; | 30686 |
| (21) The name and address of the applicant's Ohio statutory | 30687 |
| agent for service of process, notice, or demand; | 30688 |
| (22) Copies of all documents the applicant filed with the | 30689 |
| secretary of state; | 30690 |
| (23) The location of those books and records of the applicant | 30691 |
| that must be maintained, which books and records shall be | 30692 |
| maintained in Ohio if the applicant is a domestic corporation, and | 30693 |
| which may be maintained either in the applicant's state of | 30694 |
| domicile or in Ohio if the applicant is a foreign corporation; | 30695 |
| (24) The applicant's federal identification number, corporate | 30696 |
| address, and mailing address; | 30697 |
| (25) An internal and external organizational chart; | 30698 |
| (26) A list of the assets representing the initial net worth | 30699 |
| of the applicant; | 30700 |
| (27) If the applicant has a parent company, the parent | 30701 |
| company's guaranty, on a form acceptable to the superintendent, | 30702 |
| that the applicant will maintain Ohio's minimum net worth. If no | 30703 |
| parent company exists, a statement regarding the availability of | 30704 |
| future funds if needed. | 30705 |
| (28) The names and addresses of the applicant's actuary and | 30706 |
| external auditors; | 30707 |
| (29) If the applicant is a foreign corporation, a copy of the | 30708 |
| most recent financial statements filed with the insurance | 30709 |
| regulatory agency in the applicant's state of domicile; | 30710 |
| (30) If the applicant is a foreign corporation, a statement | 30711 |
| from the insurance regulatory agency of the applicant's state of | 30712 |
| domicile stating that the regulatory agency has no objection to | 30713 |
| the applicant applying for an Ohio license and that the applicant | 30714 |
| is in good standing in the applicant's state of domicile; | 30715 |
| (31) Any other information that the superintendent may | 30716 |
| require; | 30717 |
| (32) Documentation acceptable to the superintendent of the | 30718 |
| bond or securities required by section 1751.271 of the Revised | 30719 |
| Code. | 30720 |
| (B)(1) A health insuring corporation, unless otherwise | 30721 |
| provided for in this chapter or in section 3901.321 of the Revised | 30722 |
| Code, shall file a timely notice with the superintendent | 30723 |
| describing any change to the corporation's articles of | 30724 |
| incorporation or regulations, or any major modification to its | 30725 |
| operations as set out in the information required by division (A) | 30726 |
| of this section that affects any of the following: | 30727 |
| (a) The solvency of the health insuring corporation; | 30728 |
| (b) The health insuring corporation's continued provision of | 30729 |
| services that it has contracted to provide; | 30730 |
| (c) The manner in which the health insuring corporation | 30731 |
| conducts its business. | 30732 |
| (2) If the change or modification is to be the result of an | 30733 |
| action to be taken by the health insuring corporation, the notice | 30734 |
| shall be filed with the superintendent prior to the health | 30735 |
| insuring corporation taking the action. The action shall be deemed | 30736 |
| approved if the superintendent does not disapprove it within sixty | 30737 |
| days of filing. | 30738 |
| (3) The filing of a notice pursuant to division (B)(1) or (2) | 30739 |
| of this section shall also serve as the submission of a notice | 30740 |
| when required for the superintendent's review for purposes of | 30741 |
| section 3901.341 of the Revised Code, if the notice contains all | 30742 |
| of the information that section 3901.341 of the Revised Code | 30743 |
| requires for such submissions and a copy of any written agreement. | 30744 |
| The filing of such a notice, for the purpose of satisfying this | 30745 |
| division and section 3901.341 of the Revised Code, shall be | 30746 |
| subject to the sixty-day review period of division (B)(2) of this | 30747 |
| section. | 30748 |
| (C)(1) No health insuring corporation shall expand its | 30749 |
| approved service area until a copy of the request for expansion, | 30750 |
| accompanied by documentation of the network of providers, forms of | 30751 |
| all proposed or existing provider contracts relating to the | 30752 |
| delivery of health care services, a schedule of proposed | 30753 |
| contractual periodic prepayments and premium rates for group | 30754 |
| contracts accompanied by appropriate supporting data, enrollment | 30755 |
| projections, plan of operation, and any other changes have been | 30756 |
| filed with the superintendent. | 30757 |
| (2) | 30758 |
| 30759 | |
| 30760 | |
| 30761 | |
| 30762 |
| | 30763 |
| receipt of a complete filing under division (C)(1) of this | 30764 |
| section, the superintendent shall determine whether the plan for | 30765 |
|
expansion is
lawful, fair, and reasonable. | 30766 |
| 30767 | |
| 30768 | |
| 30769 | |
| 30770 | |
| 30771 | |
| 30772 | |
| 30773 | |
| 30774 | |
| 30775 | |
| 30776 | |
| 30777 | |
| 30778 | |
| 30779 |
| | 30780 |
| or a portion of a service area expansion within the | 30781 |
|
seventy-five-day period | 30782 |
| 30783 |
| | 30784 |
| effected by written notice, which shall state the grounds for the | 30785 |
| order of disapproval and shall be given in accordance with Chapter | 30786 |
| 119. of the Revised Code. | 30787 |
| Sec. 1751.04. (A) Except as provided by division | 30788 |
| this section, upon the receipt by the superintendent of insurance | 30789 |
| of a complete application for a certificate of authority to | 30790 |
| establish or operate a health insuring corporation, which | 30791 |
| application sets forth or is accompanied by the information and | 30792 |
| documents required by division (A) of section 1751.03 of the | 30793 |
|
Revised
Code, the
superintendent shall
| 30794 |
| 30795 |
| | 30796 |
| accompanying documents and make findings as to whether the | 30797 |
| applicant for a certificate of authority has done all of the | 30798 |
| following with respect to any basic health care services and | 30799 |
| supplemental health care services to be furnished: | 30800 |
| (1) Demonstrated the willingness and potential ability to | 30801 |
| ensure that all basic health care services and supplemental health | 30802 |
| care services described in the evidence of coverage will be | 30803 |
| provided to all its enrollees as promptly as is appropriate and in | 30804 |
| a manner that assures continuity; | 30805 |
| (2) Made effective arrangements to ensure that its enrollees | 30806 |
| have reliable access to qualified providers in those specialties | 30807 |
| that are generally available in the geographic area or areas to be | 30808 |
| served by the applicant and that are necessary to provide all | 30809 |
| basic health care services and supplemental health care services | 30810 |
| described in the evidence of coverage; | 30811 |
| (3) Made appropriate arrangements for the availability of | 30812 |
| short-term health care services in emergencies within the | 30813 |
| geographic area or areas to be served by the applicant, | 30814 |
| twenty-four hours per day, seven days per week, and for the | 30815 |
| provision of adequate coverage whenever an out-of-area emergency | 30816 |
| arises; | 30817 |
| (4) Made appropriate arrangements for an ongoing evaluation | 30818 |
| and assurance of the quality of health care services provided to | 30819 |
| enrollees, including, if applicable, the development of a quality | 30820 |
| assurance program complying with the requirements of sections | 30821 |
| 1751.73 to 1751.75 of the Revised Code, and the adequacy of the | 30822 |
| personnel, facilities, and equipment by or through which the | 30823 |
| services are rendered; | 30824 |
| (5) Developed a procedure to gather and report statistics | 30825 |
| relating to the cost and effectiveness of its operations, the | 30826 |
| pattern of utilization of its services, and the quality, | 30827 |
| availability, and accessibility of its services. | 30828 |
| | 30829 |
| upon the information provided in the application for issuance of a | 30830 |
|
certificate of authority, the
| 30831 |
| superintendent shall determine whether or not the applicant meets | 30832 |
|
the requirements of division | 30833 |
| 30834 | |
| superintendent determines that the applicant does not meet these | 30835 |
|
requirements,
the | 30836 |
|
respects it is
deficient.
However, the | 30837 |
|
shall not | 30838 |
| requirements of this section are not met unless the applicant has | 30839 |
| been given an opportunity for a hearing on that issue. | 30840 |
| | 30841 |
| superintendent shall
hold a hearing before
| 30842 |
| denying an application because the applicant does not meet the | 30843 |
| requirements of this section. The hearing shall be held in | 30844 |
| accordance with Chapter 119. of the Revised Code. | 30845 |
| | 30846 |
| 30847 | |
| 30848 | |
| 30849 | |
| 30850 |
| | 30851 |
| superintendent to review or make findings with regard to an | 30852 |
| application and accompanying documents to establish or operate | 30853 |
| any of the following: | 30854 |
| (1) A health insuring corporation to cover solely medicaid | 30855 |
| recipients; | 30856 |
| (2) A health insuring corporation to cover solely medicare | 30857 |
| beneficiaries; | 30858 |
| (3) A health insuring corporation to cover solely medicaid | 30859 |
| recipients and medicare beneficiaries; | 30860 |
| (4) A health insuring corporation to cover solely | 30861 |
| participants of the children's buy-in program; | 30862 |
| (5) A health insuring corporation to cover solely medicaid | 30863 |
| recipients and participants of the children's buy-in program; | 30864 |
| (6) A health insuring corporation to cover solely medicaid | 30865 |
| recipients, medicare beneficiaries, and participants of the | 30866 |
| children's buy-in program. | 30867 |
| Sec. 1751.05. (A) The superintendent of insurance shall | 30868 |
|
issue or deny a certificate of
authority to | 30869 |
| 30870 |
| | 30871 |
|
pursuant to section
1751.03 of the Revised
Code, | 30872 |
| 30873 | |
| 30874 | |
| 30875 |
| | 30876 |
| superintendent's receipt of a complete application and | 30877 |
|
accompanying documents | 30878 |
| 30879 |
| | 30880 |
| | 30881 |
| | 30882 |
| | 30883 |
| | 30884 |
| 30885 |
| | 30886 |
| 30887 |
| (B) A certificate of authority shall be issued upon payment | 30888 |
| of the application fee prescribed in section 1751.44 of the | 30889 |
| Revised Code if the superintendent is satisfied that the following | 30890 |
| conditions are met: | 30891 |
| (1) The persons responsible for the conduct of the affairs of | 30892 |
| the applicant are competent, trustworthy, and possess good | 30893 |
| reputations. | 30894 |
| (2) The | 30895 |
|
accordance with division | 30896 |
| Code, that the organization's proposed plan of operation meets | 30897 |
|
the requirements
of division | 30898 |
| 30899 | |
| 30900 | |
| 30901 | |
| 30902 | |
| 30903 | |
| 30904 | |
| 30905 | |
| 30906 | |
| 30907 | |
| 30908 | |
| 30909 | |
| 30910 | |
| 30911 |
| (3) The applicant constitutes an appropriate mechanism to | 30912 |
| effectively provide or arrange for the provision of the basic | 30913 |
| health care services, supplemental health care services, or | 30914 |
| specialty health care services to be provided to enrollees. | 30915 |
| (4) The applicant is financially responsible, complies with | 30916 |
| section 1751.28 of the Revised Code, and may reasonably be | 30917 |
| expected to meet its obligations to enrollees and prospective | 30918 |
| enrollees. In making this determination, the superintendent may | 30919 |
| consider: | 30920 |
| (a) The financial soundness of the applicant's arrangements | 30921 |
| for health care services, including the applicant's proposed | 30922 |
| contractual periodic prepayments or premiums and the use of | 30923 |
| copayments and deductibles; | 30924 |
| (b) The adequacy of working capital; | 30925 |
| (c) Any agreement with an insurer, a government, or any other | 30926 |
| person for insuring the payment of the cost of health care | 30927 |
| services or providing for automatic applicability of an | 30928 |
| alternative coverage in the event of discontinuance of the health | 30929 |
| insuring corporation's operations; | 30930 |
| (d) Any agreement with providers or health care facilities | 30931 |
| for the provision of health care services; | 30932 |
| (e) Any deposit of securities submitted in accordance with | 30933 |
| section 1751.27 of the Revised Code as a guarantee that the | 30934 |
| obligations will be performed. | 30935 |
| (5) The applicant has submitted documentation of an | 30936 |
| arrangement to provide health care services to its enrollees until | 30937 |
| the expiration of the enrollees' contracts with the applicant if a | 30938 |
| health care plan or the operations of the health insuring | 30939 |
| corporation are discontinued prior to the expiration of the | 30940 |
| enrollees' contracts. An arrangement to provide health care | 30941 |
| services may be made by using any one, or any combination, of the | 30942 |
| following methods: | 30943 |
| (a) The maintenance of insolvency insurance; | 30944 |
| (b) A provision in contracts with providers and health care | 30945 |
| facilities, but no health insuring corporation shall rely solely | 30946 |
| on such a provision for more than thirty days; | 30947 |
| (c) An agreement with other health insuring corporations or | 30948 |
| insurers, providing enrollees with automatic conversion rights | 30949 |
| upon the discontinuation of a health care plan or the health | 30950 |
| insuring corporation's operations; | 30951 |
| (d) Such other methods as approved by the superintendent. | 30952 |
| (6) Nothing in the applicant's proposed method of operation, | 30953 |
| as shown by the information submitted pursuant to section 1751.03 | 30954 |
| of the Revised Code or by independent investigation, will cause | 30955 |
| harm to an enrollee or to the public at large, as determined by | 30956 |
| the superintendent. | 30957 |
| (7) Any deficiencies | 30958 |
| superintendent under section 1751.04 of the Revised Code have been | 30959 |
| corrected. | 30960 |
| (8) The applicant has deposited securities as set forth in | 30961 |
| section 1751.27 of the Revised Code. | 30962 |
| (C) If an applicant elects to fulfill the requirements of | 30963 |
|
division
| 30964 |
| health insuring corporations or insurers, the agreement shall | 30965 |
| require those health insuring corporations or insurers to give | 30966 |
| thirty days' notice to the superintendent prior to cancellation or | 30967 |
| discontinuation of the agreement for any reason. | 30968 |
| (D) A certificate of authority shall be denied only after | 30969 |
| compliance with the requirements of section 1751.36 of the Revised | 30970 |
| Code. | 30971 |
| Sec. 1751.14. (A) | 30972 |
| Revised Code, any policy, contract, or agreement for health care | 30973 |
| services authorized by this chapter that is issued, delivered, or | 30974 |
| renewed in this state and that provides that coverage of an | 30975 |
| unmarried dependent child will terminate upon attainment of the | 30976 |
| limiting age for dependent children specified in the policy, | 30977 |
|
contract, or
agreement, shall also provide in substance | 30978 |
| of the following: | 30979 |
| (1) Once an unmarried child has attained the limiting age for | 30980 |
| dependent children, as provided in the policy, contract, or | 30981 |
| agreement, upon the request of the subscriber, the health insuring | 30982 |
| corporation shall offer to cover the unmarried child until the | 30983 |
| child attains twenty-nine years of age if all of the following | 30984 |
| are true: | 30985 |
| (a) The child is a resident of this state or a full-time | 30986 |
| student at an accredited public or private institution of higher | 30987 |
| education. | 30988 |
| (b) The child is not employed by an employer that offers any | 30989 |
| health benefit plan under which the child is eligible for | 30990 |
| coverage. | 30991 |
| (c) The child is not eligible for coverage under the medicaid | 30992 |
| program established under Chapter 5111. of the Revised Code or the | 30993 |
| medicare program established under Title XVIII of the "Social | 30994 |
| Security Act," 42 U.S.C. 1395. | 30995 |
| (2) That attainment of the limiting age for dependent | 30996 |
|
children shall not operate to
terminate the coverage of
| 30997 |
| dependent child if the child is and continues to be both of the | 30998 |
| following: | 30999 |
| | 31000 |
| mental retardation or physical handicap; | 31001 |
| | 31002 |
| and maintenance. | 31003 |
| (B) Proof of incapacity and dependence for purposes of | 31004 |
| division (A)(2) of this section shall be furnished to the health | 31005 |
| insuring corporation within thirty-one days of the child's | 31006 |
| attainment of the limiting age. Upon request, but not more | 31007 |
| frequently than annually, the health insuring corporation may | 31008 |
| require proof satisfactory to it of the continuance of such | 31009 |
| incapacity and dependency. | 31010 |
| (C) Nothing in this section shall do any of the following: | 31011 |
| (1) Require that any policy, contract, or agreement offer | 31012 |
| coverage for dependent children or provide coverage for an | 31013 |
| unmarried dependent child's children as dependents on the | 31014 |
| policy, contract, or agreement; | 31015 |
| (2) Require an employer to pay for any part of the premium | 31016 |
| for an unmarried dependent child that has attained the limiting | 31017 |
| age for dependents, as provided in the policy, contract, or | 31018 |
| agreement; | 31019 |
| (3) Require an employer to offer health insurance coverage to | 31020 |
| the dependents of any employee. | 31021 |
| (D) This section does not apply to any health insuring | 31022 |
| corporation policy, contract, or agreement offering only | 31023 |
| supplemental health care services or specialty health care | 31024 |
| services. | 31025 |
| (E) As used in this section, "health benefit plan" has the | 31026 |
| same meaning as in section 3924.01 of the Revised Code and also | 31027 |
| includes both of the following: | 31028 |
| (1) A public employee benefit plan; | 31029 |
| (2) A health benefit plan as regulated under the "Employee | 31030 |
| Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq. | 31031 |
| Sec. 1751.15. (A) After a health insuring corporation has | 31032 |
| furnished, directly or indirectly, basic health care services for | 31033 |
| a period of twenty-four months, and if it currently meets the | 31034 |
| financial requirements set forth in section 1751.28 of the Revised | 31035 |
| Code and had net income as reported to the superintendent of | 31036 |
| insurance for at least one of the preceding four calendar | 31037 |
| quarters, it shall hold an annual open enrollment period of not | 31038 |
| less than thirty days during its month of licensure for | 31039 |
| individuals who are not federally eligible individuals at the time | 31040 |
| they apply for enrollment. | 31041 |
| (B) During the open enrollment period described in division | 31042 |
| (A) of this section, the health insuring corporation shall accept | 31043 |
| applicants and their dependents in the order in which they apply | 31044 |
| for enrollment and in accordance with any of the following: | 31045 |
| (1) Up to its capacity, as determined by the health insuring | 31046 |
| corporation subject to review by the superintendent; | 31047 |
| (2) If less than its capacity, | 31048 |
| corporation shall not be required to accept applicants under this | 31049 |
| section if the total number of subscribers covered by the health | 31050 |
| insuring corporation under this section and section 3923.581 of | 31051 |
| the Revised Code exceeds four and one-half per cent of the health | 31052 |
| insuring corporation's total number of subscribers residing in | 31053 |
| this state as of the immediately preceding thirty-first day of | 31054 |
| December. | 31055 |
| (C) Premiums charged to individuals for open enrollment | 31056 |
| coverage under this section shall not exceed an amount that is one | 31057 |
| and one-half times the base rate for coverage offered to any other | 31058 |
| individual to which the health insuring corporation is currently | 31059 |
| accepting new business, and for which similar copayments and | 31060 |
| deductibles are applied. | 31061 |
| (D) Where a health insuring corporation demonstrates to the | 31062 |
| satisfaction of the superintendent that such open enrollment would | 31063 |
| jeopardize its economic viability, the superintendent may do any | 31064 |
| of the following: | 31065 |
| (1) Waive the requirement for open enrollment; | 31066 |
| (2) Impose a limit on the number of applicants and their | 31067 |
| dependents that must be enrolled; | 31068 |
| (3) Authorize such underwriting restrictions upon open | 31069 |
| enrollment as are necessary to do any of the following: | 31070 |
| (a) Preserve its financial stability; | 31071 |
| (b) Prevent excessive adverse selection; | 31072 |
| (c) Avoid unreasonably high or unmarketable charges for | 31073 |
| coverage of health care services. | 31074 |
| | 31075 |
| 31076 | |
| during an open enrollment period must be accompanied by | 31077 |
| supporting documentation, including financial data. In reviewing | 31078 |
| the request, the superintendent may consider various factors, | 31079 |
| including the size of the health insuring corporation, the health | 31080 |
| insuring corporation's net worth and profitability, the health | 31081 |
| insuring corporation's delivery system structure, and the effect | 31082 |
| on profitability of prior open enrollments. | 31083 |
| (2) Any action taken by the superintendent under division | 31084 |
| 31085 | |
| more than one year. At the expiration of such time, a new | 31086 |
| demonstration of the health insuring corporation's need for the | 31087 |
| restriction, limit, or waiver shall be made before a new | 31088 |
| restriction, limit, or waiver is granted by the superintendent. | 31089 |
| (3) Irrespective of the granting of any restriction, limit, | 31090 |
| or waiver by the superintendent, a health insuring corporation may | 31091 |
| reject an applicant or a dependent of the applicant during its | 31092 |
| open enrollment period if the applicant or dependent: | 31093 |
| (a) Was eligible for and was covered under any | 31094 |
| employer-sponsored health care coverage, or if employer-sponsored | 31095 |
| health care coverage was available at the time of open enrollment; | 31096 |
| (b) Is eligible for continuation coverage under state or | 31097 |
| federal law; | 31098 |
| (c) Is eligible for medicare, and the health insuring | 31099 |
| corporation does not have an agreement on appropriate payment | 31100 |
| mechanisms with the governmental agency administering the medicare | 31101 |
| program. | 31102 |
| | 31103 |
| either to enroll applicants or their dependents who are confined | 31104 |
| to a health care facility because of chronic illness, permanent | 31105 |
| injury, or other infirmity that would cause economic impairment to | 31106 |
| the health insuring corporation if such applicants or their | 31107 |
| dependents were enrolled or to make the effective date of benefits | 31108 |
| for applicants or their dependents enrolled under this section | 31109 |
| earlier than ninety days after the date of enrollment. | 31110 |
| | 31111 |
| cover the fees or costs, or both, for any basic health care | 31112 |
| service related to a transplant of a body organ if the transplant | 31113 |
| occurs within one year after the effective date of an enrollee's | 31114 |
| coverage under this section. This limitation on coverage does not | 31115 |
| apply to a newly born child who meets the requirements for | 31116 |
| coverage under section 1751.61 of the Revised Code. | 31117 |
| | 31118 |
| open enrollment pursuant to division (A) of this section shall | 31119 |
| file with the superintendent, not later than sixty days prior to | 31120 |
| the commencement of the proposed open enrollment period, the | 31121 |
| following documents: | 31122 |
| (1) The proposed public notice of open enrollment; | 31123 |
| (2) The evidence of coverage approved pursuant to section | 31124 |
| 1751.11 of the Revised Code that will be used during open | 31125 |
| enrollment; | 31126 |
| (3) The contractual periodic prepayment and premium rate | 31127 |
| approved pursuant to this section and section 1751.12 of the | 31128 |
| Revised Code that will be applicable during open enrollment; | 31129 |
| (4) Any solicitation document approved pursuant to section | 31130 |
| 1751.31 of the Revised Code to be sent to applicants, including | 31131 |
| the application form that will be used during open enrollment; | 31132 |
| (5) A list of the proposed dates of publication of the public | 31133 |
| notice, and the names of the newspapers in which the notice will | 31134 |
| appear; | 31135 |
| (6) Any request for a restriction, limit, or waiver with | 31136 |
| respect to the open enrollment period, along with any supporting | 31137 |
| documentation. | 31138 |
| | 31139 |
| requirements of this section unless the health insuring | 31140 |
| corporation provides adequate public notice in accordance with | 31141 |
|
divisions | 31142 |
| shall be used until the form of the public notice has been filed | 31143 |
| by the health insuring corporation with the superintendent. If | 31144 |
| the superintendent does not disapprove the public notice within | 31145 |
| sixty days after it is filed, it shall be deemed approved, unless | 31146 |
| the superintendent sooner gives approval for the public notice. | 31147 |
| If the superintendent determines within this sixty-day period | 31148 |
| that the public notice fails to meet the requirements of this | 31149 |
| section, the superintendent shall so notify the health insuring | 31150 |
| corporation and it shall be unlawful for the health insuring | 31151 |
| corporation to use the public notice. Such disapproval shall be | 31152 |
| effected by a written order, which shall state the grounds for | 31153 |
| disapproval and shall be issued in accordance with Chapter 119. | 31154 |
| of the Revised Code. | 31155 |
| (2) A public notice pursuant to division | 31156 |
| section shall be published in at least one newspaper of general | 31157 |
| circulation in each county in the health insuring corporation's | 31158 |
| service area, at least once in each of the two weeks immediately | 31159 |
| preceding the month in which the open enrollment is to occur and | 31160 |
| in each week of that month, or until the enrollment limitation is | 31161 |
| reached, whichever occurs first. The notice published during the | 31162 |
| last week of open enrollment shall appear not less than five days | 31163 |
| before the end of the open enrollment period. It shall be at least | 31164 |
| two newspaper columns wide or two and one-half inches wide, | 31165 |
| whichever is larger. The first two lines of the text shall be | 31166 |
| published in not less than twelve-point, boldface type. The | 31167 |
| remainder of the text of the notice shall be published in not less | 31168 |
| than eight-point type. The entire public notice shall be | 31169 |
| surrounded by a continuous black line not less than one-eighth of | 31170 |
| an inch wide. | 31171 |
| (3) The following information shall be included in the public | 31172 |
|
notice provided under division | 31173 |
| (a) The dates that open enrollment will be held and the date | 31174 |
| coverage obtained under the open enrollment will become effective; | 31175 |
| (b) Notice that an applicant or the applicant's dependents | 31176 |
| will not be denied coverage during open enrollment because of a | 31177 |
| preexisting health condition, but that some limitations and | 31178 |
| restrictions may apply; | 31179 |
| (c) The address where a person may obtain an application; | 31180 |
| (d) The telephone number that a person may call to request an | 31181 |
| application or to ask questions; | 31182 |
| (e) The date the first payment will be due; | 31183 |
| (f) The actual rates or range of rates that will be | 31184 |
| applicable for applicants; | 31185 |
| (g) Any limitation granted by the superintendent on the | 31186 |
| number of applications that will be accepted by the health | 31187 |
| insuring corporation. | 31188 |
| (4) Within thirty days after the end of an open enrollment | 31189 |
| period, the health insuring corporation shall submit to the | 31190 |
| superintendent proof of publication for the public notices, and | 31191 |
| shall report the total number of applicants and their dependents | 31192 |
| enrolled during the open enrollment period. | 31193 |
| | 31194 |
| scheme, plan, or device that restricts the ability of any person | 31195 |
| to enroll during open enrollment. | 31196 |
| (2) No health insuring corporation may require enrollment to | 31197 |
| be made in person. Every health insuring corporation shall permit | 31198 |
| application for coverage by mail. A representative of the health | 31199 |
| insuring corporation may visit an applicant who has submitted an | 31200 |
| application by mail, in order to explain the operations of the | 31201 |
| health insuring corporation and to answer any questions the | 31202 |
| applicant may have. Every health insuring corporation shall make | 31203 |
| open enrollment applications and solicitation documents readily | 31204 |
| available to any potential applicant who requests such material. | 31205 |
| | 31206 |
| enrollment period shall qualify as a valid application, regardless | 31207 |
| of the date on which it is received by the health insuring | 31208 |
| corporation. | 31209 |
| | 31210 |
| (1) Any health insuring corporation that offers only | 31211 |
| supplemental health care services or specialty health care | 31212 |
| services; | 31213 |
| (2) Any health insuring corporation that offers plans only | 31214 |
| through medicare, medicaid, or the children's buy-in program and | 31215 |
| that has no other commercial enrollment; | 31216 |
| (3) Any health insuring corporation that offers plans only | 31217 |
| through other federal health care programs regulated by federal | 31218 |
| regulatory bodies and that has no other commercial enrollment; | 31219 |
| (4) Any health insuring corporation that offers plans only | 31220 |
| through contracts covering officers or employees of the state that | 31221 |
| have been entered into by the department of administrative | 31222 |
| services and that has no other commercial enrollment. | 31223 |
| | 31224 |
| federally eligible individuals for open enrollment coverage as | 31225 |
| provided in section 3923.581 of the Revised Code. A health | 31226 |
| insuring corporation may reinsure coverage of any federally | 31227 |
| eligible individual acquired under that section with the open | 31228 |
| enrollment reinsurance program in accordance with division (G) of | 31229 |
| section 3924.11 of the Revised Code. Fixed periodic prepayment | 31230 |
| rates charged for coverage reinsured by the program shall be | 31231 |
| established in accordance with section 3924.12 of the Revised | 31232 |
| Code. | 31233 |
| | 31234 |
| (1) "Base rate" means, as to any health benefit plan that is | 31235 |
| issued by a health insuring corporation in the individual market, | 31236 |
| the lowest premium rate for new or existing business prescribed by | 31237 |
| the health insuring corporation for the same or similar coverage | 31238 |
| under a plan or arrangement covering any individual with similar | 31239 |
| case characteristics. | 31240 |
| (2) "Federally eligible individual" means an eligible | 31241 |
| individual as defined in 45 C.F.R. 148.103. | 31242 |
| Sec. 1751.16. (A) Except as provided in division (F) of this | 31243 |
| section, every group contract issued by a health insuring | 31244 |
| corporation shall provide an option for conversion to an | 31245 |
| individual contract issued on a direct-payment basis to any | 31246 |
| subscriber covered by the group contract who terminates employment | 31247 |
| or membership in the group, unless: | 31248 |
| (1) Termination of the conversion option or contract is based | 31249 |
| upon nonpayment of premium after reasonable notice in writing has | 31250 |
| been given by the health insuring corporation to the subscriber. | 31251 |
| (2) The subscriber is, or is eligible to be, covered for | 31252 |
| benefits at least comparable to the group contract under any of | 31253 |
| the following: | 31254 |
| (a) Medicare; | 31255 |
| (b) Any act of congress or law under this or any other state | 31256 |
| of the United States providing coverage at least comparable to the | 31257 |
| benefits under division (A)(2)(a) of this section; | 31258 |
| (c) Any policy of insurance or health care plan providing | 31259 |
| coverage at least comparable to the benefits under division | 31260 |
| (A)(2)(a) of this section. | 31261 |
| (B)(1) The direct-payment contract offered by the health | 31262 |
| insuring corporation pursuant to division (A) of this section | 31263 |
| shall provide the following: | 31264 |
| (a) In the case of an individual who is not a federally | 31265 |
| eligible individual, benefits comparable to benefits in any of the | 31266 |
| individual contracts then being issued to individual subscribers | 31267 |
| by the health insuring corporation; | 31268 |
| (b) In the case of a federally eligible individual, a basic | 31269 |
|
and standard plan established | 31270 |
| 31271 | |
| Revised Code or plans substantially similar to the basic and | 31272 |
| standard plan in benefit design and scope of covered services. For | 31273 |
| purposes of division (B)(1)(b) of this section, the | 31274 |
| superintendent of insurance shall determine whether a plan is | 31275 |
| substantially similar to the basic or standard plan in benefit | 31276 |
| design and scope of covered services. The contractual periodic | 31277 |
| prepayments charged for such plans may not exceed an amount that | 31278 |
|
is | 31279 |
| rate charged any other individual of a group to which the | 31280 |
| organization is currently accepting new business and for which | 31281 |
| similar copayments and deductibles are applied. | 31282 |
| (2) The direct payment contract offered pursuant to division | 31283 |
| (A) of this section may include a coordination of benefits | 31284 |
| provision as approved by the superintendent. | 31285 |
| (3) For purposes of division
(B) of this section | 31286 |
| (a) "Federally eligible individual" means an eligible | 31287 |
| individual as defined in 45 C.F.R. 148.103. | 31288 |
| (b) "Base rate" means, as to any health benefit plan that is | 31289 |
| issued by a health insuring corporation in the individual market, | 31290 |
| the lowest premium rate for new or existing business prescribed by | 31291 |
| the health insuring corporation for the same or similar coverage | 31292 |
| under a plan or arrangement covering any individual with similar | 31293 |
| case characteristics. | 31294 |
| (C) The option for conversion shall be available: | 31295 |
| (1) Upon the death of the subscriber, to the surviving spouse | 31296 |
| with respect to such of the spouse and dependents as are then | 31297 |
| covered by the group contract; | 31298 |
| (2) To a child solely with respect to the child upon the | 31299 |
| child's attaining the limiting age of coverage under the group | 31300 |
| contract while covered as a dependent under the contract; | 31301 |
| (3) Upon the divorce, dissolution, or annulment of the | 31302 |
| marriage of the subscriber, to the divorced spouse, or, in the | 31303 |
| event of annulment, to the former spouse of the subscriber. | 31304 |
| (D) No health insuring corporation shall use age or health | 31305 |
| status as the basis for refusing to renew a converted contract. | 31306 |
| (E) Written notice of the conversion option provided by this | 31307 |
| section shall be given to the subscriber by the health insuring | 31308 |
| corporation by mail. The notice shall be sent to the subscriber's | 31309 |
| address in the records of the employer upon receipt of notice from | 31310 |
| the employer of the event giving rise to the conversion option. If | 31311 |
| the subscriber has not received notice of the conversion privilege | 31312 |
| at least fifteen days prior to the expiration of the thirty-day | 31313 |
| conversion period, then the subscriber shall have an additional | 31314 |
| period within which to exercise the privilege. This additional | 31315 |
| period shall expire fifteen days after the subscriber receives | 31316 |
| notice, but in no event shall the period extend beyond sixty days | 31317 |
| after the expiration of the thirty-day conversion period. | 31318 |
| (F) This section does not apply to any group contract | 31319 |
| offering only supplemental health care services or specialty | 31320 |
| health care services. | 31321 |
| Sec. 1751.19. (A) A health insuring corporation shall | 31322 |
| establish and maintain a complaint system that has been approved | 31323 |
| by the superintendent of insurance to provide adequate and | 31324 |
| reasonable procedures for the expeditious resolution of written | 31325 |
| complaints initiated by subscribers or enrollees concerning any | 31326 |
| matter relating to services provided, directly or indirectly, by | 31327 |
| the health insuring corporation, including, but not limited to, | 31328 |
| complaints regarding cancellations or nonrenewals of coverage. | 31329 |
| Complaints regarding a health insuring corporation's decision to | 31330 |
| deny, reduce, or terminate coverage for health care services are | 31331 |
| subject to section 1751.83 of the Revised Code. | 31332 |
| (B) A health insuring corporation shall provide a timely | 31333 |
| written response to each written complaint it receives. | 31334 |
| (C)(1) Copies of complaints and responses, including medical | 31335 |
| records related to those complaints, shall be available to the | 31336 |
|
superintendent | 31337 |
| years. Any document or information provided to the superintendent | 31338 |
| pursuant to this division that contains a medical record is | 31339 |
| confidential, and is not a public record subject to section 149.43 | 31340 |
| of the Revised Code. | 31341 |
| (2) Notwithstanding division (C)(1) of this section, the | 31342 |
| superintendent may share documents and information that contain a | 31343 |
| medical record in connection with the investigation or prosecution | 31344 |
| of any illegal or criminal activity with the chief deputy | 31345 |
| rehabilitator, the chief deputy liquidator, other deputy | 31346 |
| rehabilitators and liquidators, and any other person employed by, | 31347 |
| or acting on behalf of, the superintendent pursuant to Chapter | 31348 |
| 3901. or 3903. of the Revised Code, with other local, state, | 31349 |
| federal, and international regulatory and law enforcement | 31350 |
| agencies, with local, state, and federal prosecutors, and with the | 31351 |
| national association of insurance commissioners and its affiliates | 31352 |
| and subsidiaries, provided that the recipient agrees to maintain | 31353 |
| the confidential or privileged status of the confidential or | 31354 |
| privileged document or information and has authority to do so. | 31355 |
| (3) Nothing in this section shall prohibit the superintendent | 31356 |
| from receiving documents and information in accordance with | 31357 |
| section 3901.045 of the Revised Code. | 31358 |
| (4) The superintendent may enter into agreements governing | 31359 |
| the sharing and use of documents and information consistent with | 31360 |
| the requirements of this section. | 31361 |
| (5) No waiver of any applicable privilege or claim of | 31362 |
| confidentiality in the documents and information described in | 31363 |
| division (C)(1) of this section occurs as a result of sharing or | 31364 |
| receiving documents and information as authorized in divisions | 31365 |
| (C)(2) and (3) of this section. | 31366 |
| (D) A health insuring corporation shall establish and | 31367 |
| maintain a procedure to accept complaints over the telephone or in | 31368 |
| person. These complaints are not subject to the reporting | 31369 |
| requirement under division (C) of section 1751.32 of the Revised | 31370 |
| Code. | 31371 |
| (E) A health insuring corporation may comply with this | 31372 |
| section and section 1751.83 of the Revised Code by establishing | 31373 |
| one system for receiving and reviewing complaints and requests for | 31374 |
| internal review from enrollees and subscribers if the system meets | 31375 |
| the requirements of both sections. | 31376 |
| Sec. 1751.32. Each health insuring corporation, annually, on | 31377 |
| or before the first day of March, shall file a report with the | 31378 |
|
superintendent of insurance | 31379 |
| the preceding calendar year. | 31380 |
| The report shall be verified by an officer of the health | 31381 |
| insuring corporation, shall be in the form the superintendent | 31382 |
| prescribes, and shall include: | 31383 |
| (A) A financial statement of the health insuring corporation, | 31384 |
| including its balance sheet and receipts and disbursements for the | 31385 |
| preceding year, which reflect, at a minimum: | 31386 |
| (1) All premium rate and other payments received for health | 31387 |
| care services rendered; | 31388 |
| (2) Expenditures with respect to all categories of providers, | 31389 |
| facilities, insurance companies, and other persons engaged to | 31390 |
| fulfill obligations of the health insuring corporation arising out | 31391 |
| of its health care policies, contracts, certificates, and | 31392 |
| agreements; | 31393 |
| (3) Expenditures for capital improvements or additions | 31394 |
| thereto, including, but not limited to, construction, renovation, | 31395 |
| or purchase of facilities and equipment. | 31396 |
| (B) A description of the enrollee population and composition, | 31397 |
| group and nongroup; | 31398 |
| (C) A summary of enrollee written complaints and their | 31399 |
| disposition; | 31400 |
| (D) A statement of the number of subscriber policies, | 31401 |
| contracts, certificates, and agreements that have been terminated | 31402 |
| by action of the health insuring corporation, including the number | 31403 |
| of enrollees affected; | 31404 |
| (E) A summary of the information compiled pursuant to | 31405 |
| division (B)(5) of section 1751.04 of the Revised Code; | 31406 |
| (F) A current report of the names and addresses of the | 31407 |
| persons responsible for the conduct of the affairs of the health | 31408 |
| insuring corporation as required by section 1751.03 of the Revised | 31409 |
| Code. Additionally, the report shall include the amount of wages, | 31410 |
| expense reimbursements, and other payments to these persons for | 31411 |
| services to the health insuring corporation, and shall include a | 31412 |
| full disclosure of the financial interests related to the | 31413 |
| operations of the health insuring corporation acquired by these | 31414 |
| persons during the preceding year. | 31415 |
| (G) An actuarial opinion in the form prescribed by the | 31416 |
| superintendent by rule; | 31417 |
| (H) Any other information relating to the performance of the | 31418 |
| health insuring corporation that is necessary to enable the | 31419 |
| superintendent to carry out the superintendent's duties under this | 31420 |
| chapter. | 31421 |
| Sec. 1751.321. Each health insuring corporation, annually, | 31422 |
| on or before the first day of June, shall file with the | 31423 |
|
superintendent of insurance | 31424 |
| report certified by an independent certified public accountant | 31425 |
| covering the preceding calendar year. The report shall be verified | 31426 |
| by an officer of the health insuring corporation and shall be in | 31427 |
| the form prescribed by the superintendent by rule. | 31428 |
| Sec. 1751.34. (A) Each health insuring corporation and each | 31429 |
| applicant for a certificate of authority under this chapter shall | 31430 |
| be subject to examination by the superintendent of insurance in | 31431 |
| accordance with section 3901.07 of the Revised Code. Section | 31432 |
| 3901.07 of the Revised Code shall govern every aspect of the | 31433 |
| examination, including the circumstances under and frequency with | 31434 |
| which it is conducted, the authority of the superintendent and any | 31435 |
| examiner or other person appointed by the superintendent, the | 31436 |
| liability for the assessment of expenses incurred in conducting | 31437 |
| the examination, and the remittance of the assessment to the | 31438 |
| superintendent's examination fund. | 31439 |
| (B) The | 31440 |
|
examination
concerning the matters subject to
the | 31441 |
| superintendent's consideration in section 1751.04 of the Revised | 31442 |
|
Code as often as the | 31443 |
| necessary for the protection of the interests of the people of | 31444 |
|
this state | 31445 |
| The expenses of such examinations shall be assessed against the | 31446 |
| health insuring corporation being examined in the manner in which | 31447 |
| expenses of examinations are assessed against an insurance | 31448 |
| company under section 3901.07 of the Revised Code. Nothing in | 31449 |
|
this division requires the | 31450 |
| examination of any of the following: | 31451 |
| (1) A health insuring corporation that covers solely medicaid | 31452 |
| recipients; | 31453 |
| (2) A health insuring corporation that covers solely | 31454 |
| medicare beneficiaries; | 31455 |
| (3) A health insuring corporation that covers solely | 31456 |
| medicaid recipients and medicare beneficiaries; | 31457 |
| (4) A health insuring corporation that covers solely | 31458 |
| participants of the children's buy-in program; | 31459 |
| (5) A health insuring corporation that covers solely medicaid | 31460 |
| recipients and participants of the children's buy-in program; | 31461 |
| (6) A health insuring corporation that covers solely medicaid | 31462 |
| recipients, medicare beneficiaries, and participants of the | 31463 |
| children's buy-in program. | 31464 |
| (C) An examination, pursuant to section 3901.07 of the | 31465 |
| Revised Code, of an insurance company holding a certificate of | 31466 |
| authority under this chapter to organize and operate a health | 31467 |
| insuring corporation shall include an examination of the health | 31468 |
| insuring corporation pursuant to this section and the examination | 31469 |
| shall satisfy the requirements of divisions (A) and (B) of this | 31470 |
| section. | 31471 |
| (D) The superintendent may conduct market conduct | 31472 |
| examinations pursuant to section 3901.011 of the Revised Code of | 31473 |
| any health insuring corporation as often as the superintendent | 31474 |
| considers it necessary for the protection of the interests of | 31475 |
| subscribers and enrollees. The expenses of such market conduct | 31476 |
| examinations shall be assessed against the health insuring | 31477 |
| corporation being examined. All costs, assessments, or fines | 31478 |
| collected under this division shall be paid into the state | 31479 |
| treasury to the credit of the department of insurance operating | 31480 |
| fund. | 31481 |
| Sec. 1751.35. (A) The superintendent of insurance may | 31482 |
| suspend or revoke any certificate of authority issued to a health | 31483 |
| insuring corporation under this chapter if the superintendent | 31484 |
| finds that: | 31485 |
| (1) The health insuring corporation is operating in | 31486 |
| contravention of its articles of incorporation, its health care | 31487 |
| plan or plans, or in a manner contrary to that described in and | 31488 |
| reasonably inferred from any other information submitted under | 31489 |
| section 1751.03 of the Revised Code, unless amendments to such | 31490 |
| submissions have been filed and have taken effect in compliance | 31491 |
| with this chapter. | 31492 |
| (2) The health insuring corporation fails to issue evidences | 31493 |
| of coverage in compliance with the requirements of section 1751.11 | 31494 |
| of the Revised Code. | 31495 |
| (3) The contractual periodic prepayments or premium rates | 31496 |
| used do not comply with the requirements of section 1751.12 of the | 31497 |
| Revised Code. | 31498 |
| (4) The health insuring corporation enters into a contract, | 31499 |
| agreement, or other arrangement with any health care facility or | 31500 |
| provider, that does not comply with the requirements of section | 31501 |
| 1751.13 of the Revised Code, or the corporation fails to provide | 31502 |
| an annual certificate as required by section 1751.13 of the | 31503 |
| Revised Code. | 31504 |
| (5) The | 31505 |
| determines, after a hearing conducted in accordance with Chapter | 31506 |
| 119. of the Revised Code, that the health insuring corporation no | 31507 |
| longer meets the requirements of section 1751.04 of the Revised | 31508 |
| Code. | 31509 |
| (6) The health insuring corporation is no longer financially | 31510 |
| responsible and may reasonably be expected to be unable to meet | 31511 |
| its obligations to enrollees or prospective enrollees. | 31512 |
| (7) The health insuring corporation has failed to implement | 31513 |
| the complaint system that complies with the requirements of | 31514 |
| section 1751.19 of the Revised Code. | 31515 |
| (8) The health insuring corporation, or any agent or | 31516 |
| representative of the corporation, has advertised, merchandised, | 31517 |
| or solicited on its behalf in contravention of the requirements of | 31518 |
| section 1751.31 of the Revised Code. | 31519 |
| (9) The health insuring corporation has unlawfully | 31520 |
| discriminated against any enrollee or prospective enrollee with | 31521 |
| respect to enrollment, disenrollment, or price or quality of | 31522 |
| health care services. | 31523 |
| (10) The continued operation of the health insuring | 31524 |
| corporation would be hazardous or otherwise detrimental to its | 31525 |
| enrollees. | 31526 |
| (11) The health insuring corporation has submitted false | 31527 |
| information in any filing or submission required under this | 31528 |
| chapter or any rule adopted under this chapter. | 31529 |
| (12) The health insuring corporation has otherwise failed to | 31530 |
| substantially comply with this chapter or any rule adopted under | 31531 |
| this chapter. | 31532 |
| (13) The health insuring corporation is not operating a | 31533 |
| health care plan. | 31534 |
| (14) The health insuring corporation has failed to comply | 31535 |
| with any of the requirements of sections 1751.77 to 1751.88 of the | 31536 |
| Revised Code. | 31537 |
| (B) A certificate of authority shall be suspended or revoked | 31538 |
| only after compliance with the requirements of Chapter 119. of the | 31539 |
| Revised Code. | 31540 |
| (C) When the certificate of authority of a health insuring | 31541 |
| corporation is suspended, the health insuring corporation, during | 31542 |
| the period of suspension, shall not enroll any additional | 31543 |
| subscribers or enrollees except newborn children or other newly | 31544 |
| acquired dependents of existing subscribers or enrollees, and | 31545 |
| shall not engage in any advertising or solicitation whatsoever. | 31546 |
| (D) When the certificate of authority of a health insuring | 31547 |
| corporation is revoked, the health insuring corporation, following | 31548 |
| the effective date of the order of revocation, shall conduct no | 31549 |
| further business except as may be essential to the orderly | 31550 |
| conclusion of the affairs of the health insuring corporation. The | 31551 |
| health insuring corporation shall engage in no further advertising | 31552 |
| or solicitation whatsoever. The superintendent, by written order, | 31553 |
| may permit such further operation of the health insuring | 31554 |
| corporation as the superintendent may find to be in the best | 31555 |
| interest of enrollees, to the end that enrollees will be afforded | 31556 |
| the greatest practical opportunity to obtain continuing health | 31557 |
| care coverage. | 31558 |
| Sec. 1751.36. (A) When the superintendent of insurance has | 31559 |
| cause to believe that grounds for the denial of an application for | 31560 |
| a certificate of authority exist, or that grounds for the | 31561 |
| suspension or revocation of a certificate of authority exist, the | 31562 |
| superintendent shall notify the applicant or health insuring | 31563 |
|
corporation | 31564 |
| stating the grounds for the denial, suspension, or revocation and | 31565 |
| setting a date of at least thirty days after the notification for | 31566 |
| a hearing on the matter. | 31567 |
| (B) | 31568 |
| 31569 | |
| 31570 | |
| 31571 | |
| 31572 | |
| 31573 | |
| division (A) of this section, or upon the failure of the applicant | 31574 |
| or health insuring corporation to appear at the hearing, the | 31575 |
| superintendent shall take such action as in accordance with law | 31576 |
| and the evidence. The action shall be set out in written findings | 31577 |
| which shall be mailed to the applicant or health insuring | 31578 |
|
corporation | 31579 |
| the superintendent is subject to review in accordance with Chapter | 31580 |
|
119.
of the Revised
Code | 31581 |
| 31582 | |
| 31583 | |
| 31584 | |
| 31585 |
| (C) Chapter 119. of the Revised Code applies to proceedings | 31586 |
| under this section to the extent that it is not in conflict with | 31587 |
| divisions (A) and (B) of this section. | 31588 |
| Sec. 1751.45. (A) In lieu of the suspension or revocation of | 31589 |
| a certificate of authority under section 1751.35 of the Revised | 31590 |
| Code, the superintendent of insurance, pursuant to an adjudication | 31591 |
| hearing initiated and conducted in accordance with Chapter 119. of | 31592 |
| the Revised Code, or by consent of the health insuring corporation | 31593 |
| without an adjudication hearing, may levy an administrative | 31594 |
| penalty. The administrative penalty shall be in an amount | 31595 |
| determined by the superintendent, but the administrative penalty | 31596 |
| shall not exceed one hundred thousand dollars per violation. | 31597 |
| Additionally, the superintendent may require the health insuring | 31598 |
| corporation to correct any deficiency that may be the basis for | 31599 |
| the suspension or revocation of the health insuring corporation's | 31600 |
| certificate of authority. All penalties collected shall be paid | 31601 |
| into the state treasury to the credit of the department of | 31602 |
| insurance operating fund. | 31603 |
| (B) If the
superintendent | 31604 |
| reason has cause to believe that any violation of this chapter has | 31605 |
|
occurred
or is threatened, the superintendent | 31606 |
| give notice to the health insuring corporation and to the | 31607 |
| representatives or other persons who appear to be involved in the | 31608 |
| suspected violation to arrange a conference with the suspected | 31609 |
| violators or their authorized representatives for the purpose of | 31610 |
| attempting to ascertain the facts relating to the suspected | 31611 |
| violation, and, if it appears that any violation has occurred or | 31612 |
| is threatened, to arrive at an adequate and effective means of | 31613 |
| correcting or preventing the violation. | 31614 |
| Proceedings under this division shall not be covered by any | 31615 |
| formal procedural requirements, and may be conducted in the manner | 31616 |
|
the superintendent | 31617 |
| appropriate under the circumstances. | 31618 |
| (C)(1) The superintendent may issue an order directing a | 31619 |
| health insuring corporation or a representative of the health | 31620 |
| insuring corporation to cease and desist from engaging in any act | 31621 |
| or practice in violation of this chapter. Within thirty days after | 31622 |
| service of the order to cease and desist, the respondent may | 31623 |
| request a hearing on the question of whether acts or practices in | 31624 |
| violation of this chapter have occurred. Such hearings shall be | 31625 |
| conducted in accordance with Chapter 119. of the Revised Code and | 31626 |
| judicial review shall be available as provided by that chapter. | 31627 |
| (2) If the superintendent has reasonable cause to believe | 31628 |
| that an order issued pursuant to this division has been violated | 31629 |
| in whole or in part, the superintendent may request the attorney | 31630 |
| general to commence and prosecute any appropriate action or | 31631 |
| proceeding in the name of the state against the violators in the | 31632 |
| court of common pleas of Franklin county. The court in any such | 31633 |
| action or proceeding may levy civil penalties, not to exceed one | 31634 |
| hundred thousand dollars per violation, in addition to any other | 31635 |
| appropriate relief, including requiring a violator to pay the | 31636 |
| expenses reasonably incurred by the superintendent in enforcing | 31637 |
| the order. The penalties and fees collected under this division | 31638 |
| shall be paid into the state treasury to the credit of the | 31639 |
| department of insurance operating fund. | 31640 |
| Sec. 1751.46. (A) The
superintendent of insurance | 31641 |
| 31642 | |
| recommendations concerning the determinations required to be made | 31643 |
|
by the
superintendent | 31644 |
| a service area pursuant to division (C) of section 1751.03 of the | 31645 |
| Revised Code, an application for a certificate of authority | 31646 |
| pursuant to sections 1751.04 and 1751.05 of the Revised Code, a | 31647 |
| contractual periodic prepayment or premium rate pursuant to | 31648 |
| section 1751.12 of the Revised Code, and an examination pursuant | 31649 |
| to division (B) of section 1751.34 of the Revised Code. The | 31650 |
| recommendations may be accepted in full or in part, or may be | 31651 |
|
rejected, by the
superintendent | 31652 |
| The total cost of a contract with a qualified person pursuant | 31653 |
| to this division shall represent the fair market value of the | 31654 |
| services provided and shall be borne by the health insuring | 31655 |
| corporation that is the subject of the determination required to | 31656 |
|
be made by the superintendent | 31657 |
| (B) No qualified person placed on contract by the | 31658 |
|
superintendent | 31659 |
| section shall have a conflict of interest with the department of | 31660 |
|
insurance | 31661 |
| corporation. | 31662 |
| Sec. 1751.48. | 31663 |
| rules as are necessary to carry out the provisions of this | 31664 |
| chapter. These rules shall be adopted in accordance with Chapter | 31665 |
| 119. of the Revised Code. | 31666 |
| | 31667 |
| 31668 | |
| 31669 | |
| 31670 | |
| 31671 | |
| 31672 | |
| 31673 | |
| 31674 |
| Sec. 1751.68. (A) Notwithstanding section 3901.71 of the | 31675 |
| Revised Code, no health insuring corporation policy, contract, or | 31676 |
| agreement that provides basic health care services that is | 31677 |
| delivered, issued for delivery, or renewed in this state shall | 31678 |
| exclude coverage for the screening and diagnosis of autism | 31679 |
| spectrum disorders or for any of the following services when | 31680 |
| those services are medically necessary and are prescribed, | 31681 |
| provided, or ordered for an individual diagnosed with an autism | 31682 |
| spectrum disorder by a health care professional licensed or | 31683 |
| certified under the laws of this state to prescribe, provide, or | 31684 |
| order such services: | 31685 |
| (1) Habilitative or rehabilitative care; | 31686 |
| (2) Pharmacy care if the policy, contract, or agreement | 31687 |
| provides coverage for other prescription drug services; | 31688 |
| (3) Psychiatric care; | 31689 |
| (4) Psychological care; | 31690 |
| (5) Therapeutic care; | 31691 |
| (6) Counseling services; | 31692 |
| (7) Any additional treatments or therapies adopted by the | 31693 |
| director of mental retardation and developmental disabilities | 31694 |
| pursuant to division (I)(4) of section 3923.84 of the Revised | 31695 |
| Code. | 31696 |
| (B) Coverage provided under this section shall be delineated | 31697 |
| in a treatment plan developed by the attending psychologist or | 31698 |
| physician and shall not be subject to any limits on the number or | 31699 |
| duration of visits an individual may make to any autism service | 31700 |
| provider, except as delineated in the treatment plan, if the | 31701 |
| services are medically necessary. | 31702 |
| (C) Coverage provided under this section may be subject to | 31703 |
| any copayment, deductible, and coinsurance provisions of the | 31704 |
| policy, contract, or agreement to the extent that other medical | 31705 |
| services covered by the policy, contract, or agreement are | 31706 |
| subject to those provisions. Coverage provided under this section | 31707 |
| may be subject to a yearly maximum limitation of thirty-six | 31708 |
| thousand dollars on claims paid for services related to coverage | 31709 |
| provided under this section. | 31710 |
| (D)(1) Not more than once every six months, a health insuring | 31711 |
| corporation may request a review of any treatment provided under | 31712 |
| this section unless the insured's licensed physician or | 31713 |
| licensed psychologist agrees that more frequent review is | 31714 |
| necessary. The health insuring corporation shall pay for any | 31715 |
| review requested under this division. | 31716 |
| (2) If requested by the health insuring corporation, the | 31717 |
| provider shall provide the health insuring corporation with an | 31718 |
| annual treatment plan. | 31719 |
| (3) Inpatient services are not subject to the six-month | 31720 |
| review limitations under division (D)(1) of this section. | 31721 |
| (E) This section shall not be construed as limiting benefits | 31722 |
| otherwise available under an individual's policy, contract, or | 31723 |
| agreement. | 31724 |
| (F) This section shall not be construed as affecting any | 31725 |
| obligation to provide services to an individual under an | 31726 |
| individualized family service plan developed under 20 U.S.C. 1436 | 31727 |
| or individualized service plan developed under section 5126.31 of | 31728 |
| the Revised Code, or affecting the duty of a public school to | 31729 |
| provide a child with a disability with a free appropriate public | 31730 |
| education under the "Individuals with Disabilities Education | 31731 |
| Improvement Act of 2004," 20 U.S.C. 1400 et seq., as amended, and | 31732 |
| Chapter 3323. of the Revised Code. | 31733 |
| (G) A health insuring corporation that offers coverage for | 31734 |
| basic health care services is not required to offer the coverage | 31735 |
| required under division (A) of this section in combination with | 31736 |
| the offer of coverage for basic health care services if all of | 31737 |
| the following apply: | 31738 |
| (1) The health insuring corporation submits documentation | 31739 |
| certified by an independent member of the American academy of | 31740 |
| actuaries to the superintendent of insurance showing that incurred | 31741 |
| claims for the coverage required under division (A) of this | 31742 |
| section for a period of at least six months independently caused | 31743 |
| the health insuring corporation's costs for claims and | 31744 |
| administrative expenses for the coverage of all covered services | 31745 |
| to increase by more than one per cent per year. | 31746 |
| (2) The health insuring corporation submits a signed letter | 31747 |
| from an independent member of the American academy of actuaries to | 31748 |
| the superintendent of insurance opining that the increase in costs | 31749 |
| described in division (D)(1) of this section could reasonably | 31750 |
| justify an increase of more than one per cent in the annual | 31751 |
| premiums or rates charged by the health insuring corporation for | 31752 |
| the coverage of basic health care services. | 31753 |
| (3) The superintendent of insurance makes the following | 31754 |
| determinations from the documentation and opinion submitted | 31755 |
| pursuant to divisions (D)(1) and (2) of this section: | 31756 |
| (a) Incurred claims for the coverage required under division | 31757 |
| (A) of this section for a period of at least six months | 31758 |
| independently caused the health insuring corporation's costs for | 31759 |
| claims and administrative expenses for the coverage of all covered | 31760 |
| services to increase by more than one per cent per year. | 31761 |
| (b) The increase in costs reasonably justifies an increase of | 31762 |
| more than one per cent in the annual premiums or rates charged by | 31763 |
| the health insuring corporation for the coverage of basic health | 31764 |
| care services. | 31765 |
| Any determination made by the superintendent under this | 31766 |
| division is subject to Chapter 119. of the Revised Code. | 31767 |
| (H) The services covered under this section shall not be | 31768 |
| considered supplemental health care services under division (B)(1) | 31769 |
| of section 1751.01 of the Revised Code. | 31770 |
| (I) As used in this section: | 31771 |
| (1) "Applied behavior analysis" means the design, | 31772 |
| implementation, and evaluation of environmental modifications | 31773 |
| using behavioral stimuli and consequences to produce socially | 31774 |
| significant improvement in human behavior, including, but not | 31775 |
| limited to, the use of direct observation, measurement, and | 31776 |
| functional analysis of the relationship between environment and | 31777 |
| behavior. | 31778 |
| (2) "Autism services provider" means any person whose | 31779 |
| professional scope of practice allows treatment of autism spectrum | 31780 |
| disorders, whose services are delineated in the treatment plan | 31781 |
| under division (B) of this section, and of whom one of the | 31782 |
| following is true: | 31783 |
| (a) The person is licensed, certified, or registered by an | 31784 |
| appropriate agency of this state to perform the services assigned | 31785 |
| to the person in the treatment plan. | 31786 |
| (b) The person is directly supervised by an individual who is | 31787 |
| licensed, certified, or registered by an appropriate agency of | 31788 |
| this state to perform the services assigned to the person in the | 31789 |
| treatment plan. | 31790 |
| (3) "Autism spectrum disorder" means any of the pervasive | 31791 |
| developmental disorders as defined by the most recent edition of | 31792 |
| the diagnostic and statistical manual of mental disorders, | 31793 |
| published by the American psychiatric association, or if that | 31794 |
| manual is no longer published, a similar diagnostic manual. Autism | 31795 |
| spectrum disorders includes, but is not limited to, autistic | 31796 |
| disorder, Asperger's disorder, Rett's disorder, childhood | 31797 |
| disintegrative disorder, and pervasive developmental disorder. | 31798 |
| (4) "Diagnosis of autism spectrum disorders" means medically | 31799 |
| necessary assessments, evaluations, or tests, including but not | 31800 |
| limited to genetic and psychological tests to determine whether an | 31801 |
| individual has an autism spectrum disorder. | 31802 |
| (5) "Habilitative or rehabilitative care" means professional, | 31803 |
| counseling, and guidance services and treatment programs, | 31804 |
| including applied behavior analysis, that are necessary to | 31805 |
| develop, maintain, or restore the functioning of an individual to | 31806 |
| the maximum extent practicable. | 31807 |
| (6) "Medically necessary" means the service is based upon | 31808 |
| evidence; is prescribed, provided, or ordered by a health care | 31809 |
| professional licensed or certified under the laws of this state to | 31810 |
| prescribe, provide, or order autism-related services in accordance | 31811 |
| with accepted standards of practice; and will or is reasonably | 31812 |
| expected to do any of the following: | 31813 |
| (a) Prevent the onset of an illness, condition, injury, or | 31814 |
| disability; | 31815 |
| (b) Reduce or ameliorate the physical, mental or | 31816 |
| developmental effects of an illness, condition, injury, or | 31817 |
| disability; | 31818 |
| (c) Assist in achieving or maintaining maximum functional | 31819 |
| capacity for performing daily activities, taking into account both | 31820 |
| the functional capacity of the individual and the appropriate | 31821 |
| functional capacities of individuals of the same age. | 31822 |
| (7) "Pharmacy care" means prescribed medications and any | 31823 |
| medically necessary health-related services used to determine the | 31824 |
| need or effectiveness of the medications. | 31825 |
| (8) "Psychiatric care" means direct or consultative services | 31826 |
| provided by a psychiatrist licensed in the state in which the | 31827 |
| psychiatrist practices psychiatry. | 31828 |
| (9) "Psychological care" means direct or consultative | 31829 |
| services provided by a psychologist licensed in the state in which | 31830 |
| the psychologist practices psychology. | 31831 |
| (10) "Therapeutic care" means services, communication | 31832 |
| devices, or other adaptive devices or equipment provided by a | 31833 |
| licensed speech-language pathologist, licensed occupational | 31834 |
| therapist, or licensed physical therapist. | 31835 |
| Sec. 1751.831. The superintendent of insurance shall | 31836 |
| establish and maintain a system for receiving and reviewing | 31837 |
| requests for review from or on behalf of enrollees who, under | 31838 |
| section 1751.83 of the Revised Code, have been denied coverage of | 31839 |
| a health care service or had coverage reduced or terminated when | 31840 |
| the grounds for the denial, reduction, or termination is that the | 31841 |
| service is not a service covered under the terms of the enrollee's | 31842 |
| policy, contract, or agreement. | 31843 |
| On receipt of a written request from an enrollee or | 31844 |
| authorized person, the superintendent shall consider whether the | 31845 |
| health care service is a service covered under the terms of the | 31846 |
| enrollee's policy, contract, or agreement, except that the | 31847 |
| superintendent shall not conduct a review under this section | 31848 |
| unless the enrollee has exhausted the health insuring | 31849 |
| corporation's internal review process established pursuant to | 31850 |
| section 1751.83 of the Revised Code. The health insuring | 31851 |
| corporation and the enrollee or authorized person shall provide | 31852 |
| the superintendent with any information required by the | 31853 |
| superintendent that is in their possession and is germane to the | 31854 |
| review. | 31855 |
| Unless the superintendent is not able to do so because making | 31856 |
| the determination requires resolution of a medical issue, the | 31857 |
| superintendent shall determine whether the health care service at | 31858 |
| issue is a service covered under the terms of the enrollee's | 31859 |
| contract, policy, or agreement. The superintendent shall notify | 31860 |
| the enrollee, or authorized person, and the health insuring | 31861 |
| corporation of the superintendent's determination or that the | 31862 |
| superintendent is not able to make a determination. | 31863 |
| If the superintendent notifies the health insuring | 31864 |
| corporation that making the determination requires the resolution | 31865 |
|
of a medical
issue, the health insuring corporation shall | 31866 |
| 31867 | |
| section 1751.84 or 1751.85 of the Revised Code. If the | 31868 |
| superintendent notifies the health insuring corporation that the | 31869 |
| health service is a covered service, the health insuring | 31870 |
|
corporation shall | 31871 |
| 31872 | |
| 31873 | |
| health insuring corporation that the health care service is not a | 31874 |
| covered service, the health insuring corporation is not required | 31875 |
| to cover the service or afford the enrollee an external review. | 31876 |
| Sec. 1751.84. (A) Except as provided in divisions (B) and | 31877 |
| (C) of this section, a health insuring corporation shall afford an | 31878 |
| enrollee an opportunity for an external review if both of the | 31879 |
| following are the case: | 31880 |
| (1) The health insuring corporation has denied, reduced, or | 31881 |
| terminated coverage for what would be a covered health care | 31882 |
| service except for the fact that the health insuring corporation | 31883 |
| has determined that the health care service is not medically | 31884 |
| necessary; | 31885 |
| (2) Except in the case of an expedited review, the service, | 31886 |
| plus any ancillary services and follow-up care, will cost the | 31887 |
| enrollee more than five hundred dollars if the proposed service is | 31888 |
| not covered by the health insuring corporation. | 31889 |
| External review shall be conducted in accordance with this | 31890 |
| section, except that if an enrollee with a terminal condition | 31891 |
| meets all of the criteria of division (A) of section 1751.85 of | 31892 |
| the Revised Code, an external review shall be conducted under that | 31893 |
| section. | 31894 |
| (B) An enrollee need not be afforded a review under this | 31895 |
| section in any of the following circumstances: | 31896 |
| (1) The superintendent of insurance has determined under | 31897 |
| section 1751.831 of the Revised Code that the health care service | 31898 |
| is not a service covered under the terms of the enrollee's policy, | 31899 |
| contract, or agreement. | 31900 |
| (2) Except as provided in section 1751.811 of the Revised | 31901 |
| Code, the enrollee has failed to exhaust the health insuring | 31902 |
| corporation's internal review process established pursuant to | 31903 |
| section 1751.83 of the Revised Code. | 31904 |
| (3) The enrollee has previously been afforded an external | 31905 |
| review for the same adverse determination and no new clinical | 31906 |
| information has been submitted to the health insuring corporation. | 31907 |
| (C)(1) A health insuring corporation may deny a request for | 31908 |
| an external review of an adverse determination if it is requested | 31909 |
|
later than | 31910 |
| receipt of notice of the result of an internal review brought | 31911 |
| under section 1751.83 of the Revised Code. An external review may | 31912 |
| be requested by the enrollee, an authorized person, the enrollee's | 31913 |
| provider, or a health care facility rendering health care service | 31914 |
| to the enrollee. The enrollee may request a review without the | 31915 |
| approval of the provider or the health care facility rendering the | 31916 |
| health care service. The provider or health care facility may not | 31917 |
| request a review without the prior consent of the enrollee. | 31918 |
| (2) An external review must be requested in writing, except | 31919 |
| that if the enrollee has a condition that requires expedited | 31920 |
| review, the review may be requested orally or by electronic means. | 31921 |
| When an oral or electronic request for review is made, written | 31922 |
| confirmation of the request shall be submitted to the health | 31923 |
| insuring corporation not later than five days after the oral or | 31924 |
| written request is submitted. | 31925 |
| Except in the case of an expedited review, a request for an | 31926 |
| external review must be accompanied by written certification from | 31927 |
| the enrollee's provider or the health care facility rendering the | 31928 |
| health care service to the enrollee that the proposed service, | 31929 |
| plus any ancillary services and follow-up care, will cost the | 31930 |
| enrollee more than five hundred dollars if the proposed service is | 31931 |
| not covered by the health insuring corporation. | 31932 |
| (3) For an expedited review, the enrollee's provider must | 31933 |
| certify that the enrollee's condition could, in the absence of | 31934 |
| immediate medical attention, result in any of the following: | 31935 |
| (a) Placing the health of the enrollee or, with respect to a | 31936 |
| pregnant woman, the health of the enrollee or the unborn child, in | 31937 |
| serious jeopardy; | 31938 |
| (b) Serious impairment to bodily functions; | 31939 |
| (c) Serious dysfunction of any bodily organ or part. | 31940 |
| (D) The procedures used in conducting an external review of | 31941 |
| an adverse determination shall include all of the following: | 31942 |
| (1) The review shall be conducted by an independent review | 31943 |
| organization assigned by the superintendent of insurance under | 31944 |
| section 3901.80 of the Revised Code. | 31945 |
| (2) Except as provided in division (D)(3) and (4) of this | 31946 |
| section, neither the clinical peer nor any health care facility | 31947 |
| with which the clinical peer is affiliated shall have any | 31948 |
| professional, familial, or financial affiliation with any of the | 31949 |
| following: | 31950 |
| (a) The health insuring corporation or any officer, director, | 31951 |
| or managerial employee of the health insuring corporation; | 31952 |
| (b) The enrollee, the enrollee's provider, or the practice | 31953 |
| group of the enrollee's provider; | 31954 |
| (c) The health care facility at which the health care service | 31955 |
| requested by the enrollee would be provided; | 31956 |
| (d) The development or manufacture of the principal drug, | 31957 |
| device, procedure, or therapy proposed for the enrollee. | 31958 |
| (3) Division (D)(2) of this section does not prohibit a | 31959 |
| clinical peer from conducting a review under any of the following | 31960 |
| circumstances: | 31961 |
| (a) The clinical peer is affiliated with an academic medical | 31962 |
| center that provides health care services to enrollees of the | 31963 |
| health insuring corporation. | 31964 |
| (b) The clinical peer has staff privileges at a health care | 31965 |
| facility that provides health care services to enrollees of the | 31966 |
| health insuring corporation. | 31967 |
| (c) The clinical peer is a participating provider but was not | 31968 |
| involved with the health insuring corporation's adverse | 31969 |
| determination. | 31970 |
| (4) Division (D)(2) of this section does not prohibit the | 31971 |
| health insuring corporation from paying the independent review | 31972 |
| organization for the conduct of the review. | 31973 |
| (5) An enrollee shall not be required to pay for any part of | 31974 |
| the cost of the review. The cost of the review shall be borne by | 31975 |
| the health insuring corporation. | 31976 |
| (6)(a) The health insuring corporation shall provide to the | 31977 |
| independent review organization conducting the review a copy of | 31978 |
| those records in its possession that are relevant to the | 31979 |
| enrollee's medical condition and the review. The records shall be | 31980 |
| used solely for the purpose of this division. | 31981 |
| At the request of the independent review organization, the | 31982 |
| health insuring corporation, enrollee, or the provider or health | 31983 |
| care facility rendering health care services to the enrollee shall | 31984 |
| provide any additional information the independent review | 31985 |
| organization requests to complete the review. A request for | 31986 |
| additional information may be made in writing, orally, or by | 31987 |
| electronic means. The independent review organization shall submit | 31988 |
| the request to the enrollee and health insuring corporation. If a | 31989 |
| request is submitted orally or by electronic means to an enrollee | 31990 |
| or health insuring corporation, not later than five days after the | 31991 |
| request is submitted, the independent review organization shall | 31992 |
| provide written confirmation of the request. If the review was | 31993 |
| initiated by a provider or health care facility, a copy of the | 31994 |
| request shall be submitted to the provider or health care | 31995 |
| facility. | 31996 |
| (b) An independent review organization is not required to | 31997 |
| make a decision if it has not received any requested information | 31998 |
| that it considers necessary to complete a review. An independent | 31999 |
| review organization that does not make a decision for this reason | 32000 |
| shall notify the enrollee and the health insuring corporation that | 32001 |
| a decision is not being made. The notice may be made in writing, | 32002 |
| orally, or by electronic means. An oral or electronic notice shall | 32003 |
| be confirmed in writing not later than five days after the oral or | 32004 |
| electronic notice is made. If the review was initiated by a | 32005 |
| provider or health care facility, a copy of the notice shall be | 32006 |
| submitted to the provider or health care facility. | 32007 |
| (7) The health insuring corporation may elect to cover the | 32008 |
| service requested and terminate the review. The health insuring | 32009 |
| corporation shall notify the enrollee and all other parties | 32010 |
| involved with the decision by mail or, with the consent or | 32011 |
| approval of the enrollee, by electronic means. | 32012 |
| (8) In making its decision, an independent review | 32013 |
| organization conducting the review shall take into account all of | 32014 |
| the following: | 32015 |
| (a) Information submitted by the health insuring corporation, | 32016 |
| the enrollee, the enrollee's provider, and the health care | 32017 |
| facility rendering the health care service, including the | 32018 |
| following: | 32019 |
| (i) The enrollee's medical records; | 32020 |
| (ii) The standards, criteria, and clinical rationale used by | 32021 |
| the health insuring corporation to make its decision. | 32022 |
| (b) Findings, studies, research, and other relevant documents | 32023 |
| of government agencies and nationally recognized organizations, | 32024 |
| including the national institutes of health or any board | 32025 |
| recognized by the national institutes of health, the national | 32026 |
| cancer institute, the national academy of sciences, the United | 32027 |
| States food and drug administration, the health care financing | 32028 |
| administration of the United States department of health and human | 32029 |
| services, and the agency for health care policy and research; | 32030 |
| (c) Relevant findings in peer-reviewed medical or scientific | 32031 |
| literature, published opinions of nationally recognized medical | 32032 |
| experts, and clinical guidelines adopted by relevant national | 32033 |
| medical societies. | 32034 |
| (9)(a) In the case of an expedited review, the independent | 32035 |
| review organization shall issue a written decision not later than | 32036 |
| seven days after the filing of the request for review. In all | 32037 |
| other cases, the independent review organization shall issue a | 32038 |
| written decision not later than thirty days after the filing of | 32039 |
| the request. The independent review organization shall send a copy | 32040 |
| of its decision to the health insuring corporation and the | 32041 |
| enrollee. If the enrollee's provider or the health care facility | 32042 |
| rendering health care services to the enrollee requested the | 32043 |
| review, the independent review organization shall also send a copy | 32044 |
| of its decision to the enrollee's provider or the health care | 32045 |
| facility. | 32046 |
| (b) The independent review organization's decision shall | 32047 |
| include a description of the enrollee's condition and the | 32048 |
| principal reasons for the decision and an explanation of the | 32049 |
| clinical rationale for the decision. | 32050 |
| (E) The independent review organization shall base its | 32051 |
| decision on the information submitted under division (D)(8) of | 32052 |
| this section. In making its decision, the independent review | 32053 |
| organization shall consider safety, efficacy, appropriateness, and | 32054 |
| cost effectiveness. | 32055 |
| (F) The health insuring corporation shall provide any | 32056 |
| coverage determined by the independent review organization's | 32057 |
| decision to be medically necessary, subject to the other terms, | 32058 |
| limitations, and conditions of the enrollee's contract. The | 32059 |
| decision shall apply only to the individual enrollee's external | 32060 |
| review. | 32061 |
| Sec. 1751.85. (A) Each health insuring corporation shall | 32062 |
| establish a reasonable external, independent review process to | 32063 |
| examine the health insuring corporation's coverage decisions for | 32064 |
| enrollees who meet all of the following criteria: | 32065 |
| (1) The enrollee has a terminal condition that, according to | 32066 |
| the current diagnosis of the enrollee's physician, has a high | 32067 |
| probability of causing death within two years. | 32068 |
| (2) The enrollee requests a review not later than | 32069 |
| hundred eighty days after receipt by the enrollee of notice of the | 32070 |
| result of an internal review under section 1751.83 of the Revised | 32071 |
| Code. | 32072 |
| (3) The enrollee's physician certifies that the enrollee has | 32073 |
| the condition described in division (A)(1) of this section and any | 32074 |
| of the following situations are applicable: | 32075 |
| (a) Standard therapies have not been effective in improving | 32076 |
| the condition of the enrollee; | 32077 |
| (b) Standard therapies are not medically appropriate for the | 32078 |
| enrollee; | 32079 |
| (c) There is no standard therapy covered by the health | 32080 |
| insuring corporation that is more beneficial than therapy | 32081 |
| described in division (A)(4) of this section. | 32082 |
| (4) The enrollee's physician has recommended a drug, device, | 32083 |
| procedure, or other therapy that the physician certifies, in | 32084 |
| writing, is likely to be more beneficial to the enrollee, in the | 32085 |
| physician's opinion, than standard therapies, or, the enrollee has | 32086 |
| requested a therapy that has been found in a preponderance of | 32087 |
| peer-reviewed published studies to be associated with effective | 32088 |
| clinical outcomes for the same condition. | 32089 |
| (5) The enrollee has been denied coverage by the health | 32090 |
| insuring corporation for a drug, device, procedure, or other | 32091 |
| therapy recommended or requested pursuant to division (A)(4) of | 32092 |
| this section, and has exhausted the health insuring corporation's | 32093 |
| internal review process established pursuant to section 1751.83 of | 32094 |
| the Revised Code. | 32095 |
| (6) The drug, device, procedure, or other therapy, for which | 32096 |
| coverage has been denied would be a covered health care service | 32097 |
| except for the health insuring corporation's determination that | 32098 |
| the drug, device, procedure, or other therapy is experimental or | 32099 |
| investigational. | 32100 |
| (B) A review shall be requested in writing, except that if | 32101 |
| the enrollee's physician determines that a therapy would be | 32102 |
| significantly less effective if not promptly initiated, the review | 32103 |
| may be requested orally or by electronic means. When an oral or | 32104 |
| electronic request for review is made, written confirmation of the | 32105 |
| request shall be submitted to the health insuring corporation not | 32106 |
| later than five days after the oral or written request is | 32107 |
| submitted. | 32108 |
| (C) The external, independent review process established by a | 32109 |
| health insuring corporation shall meet all of the following | 32110 |
| criteria: | 32111 |
| (1) Except as provided in division (E) of this section, the | 32112 |
| process shall afford all enrollees who meet the criteria set forth | 32113 |
| in division (A) of this section the opportunity to have the health | 32114 |
| insuring corporation's decision to deny coverage of the | 32115 |
| recommended or requested therapy reviewed under the process. | 32116 |
| (2) The review shall be conducted by an independent review | 32117 |
| organization assigned by the superintendent of insurance under | 32118 |
| section 3901.80 of the Revised Code. | 32119 |
| The independent review organization shall select a panel to | 32120 |
| conduct the review, which panel shall be composed of at least | 32121 |
| three physicians or other providers who, through clinical | 32122 |
| experience in the past three years, are experts in the treatment | 32123 |
| of the enrollee's medical condition and knowledgeable about the | 32124 |
| recommended or requested therapy. | 32125 |
| In either of the following circumstances, an exception may be | 32126 |
| made to the requirement that the review be conducted by an expert | 32127 |
| panel composed of a minimum of three physicians or other | 32128 |
| providers: | 32129 |
| (a) A review may be conducted by an expert panel composed of | 32130 |
| only two physicians or other providers if an enrollee has | 32131 |
| consented in writing to a review by the smaller panel; | 32132 |
| (b) A review may be conducted by a single expert physician or | 32133 |
| other provider if only one expert physician or other provider is | 32134 |
| available for the review. | 32135 |
| (3) Neither the health insuring corporation nor the enrollee | 32136 |
| shall choose, or control the choice of, the physician or other | 32137 |
| provider experts. | 32138 |
| (4) The selected experts, any health care facility with which | 32139 |
| an expert is affiliated, and the independent review organization | 32140 |
| arranging for the experts' review, shall not have any | 32141 |
| professional, familial, or financial affiliation with any of the | 32142 |
| following: | 32143 |
| (a) The health insuring corporation or any officer, director, | 32144 |
| or managerial employee of the health insuring corporation; | 32145 |
| (b) The enrollee, the enrollee's physician, or the practice | 32146 |
| group of the enrollee's physician; | 32147 |
| (c) The health care facility at which the recommended or | 32148 |
| requested therapy would be provided; | 32149 |
| (d) The development or manufacture of the principal drug, | 32150 |
| device, procedure, or therapy involved in the recommended or | 32151 |
| requested therapy. | 32152 |
| However, experts affiliated with academic medical centers who | 32153 |
| provide health care services to enrollees of the health insuring | 32154 |
| corporation may serve as experts on the review panel. Further, | 32155 |
| experts with staff privileges at a health care facility that | 32156 |
| provides health care services to enrollees of the health insuring | 32157 |
| corporation, as well as experts who are participating providers, | 32158 |
| but who were not involved with the health insuring corporation's | 32159 |
| denial of coverage for the therapy under review, may serve as | 32160 |
| experts on the review panel. These nonaffiliation provisions do | 32161 |
| not preclude a health insuring corporation from paying for the | 32162 |
| experts' review, as specified in division (C)(5) of this section. | 32163 |
| (5) Enrollees shall not be required to pay for any part of | 32164 |
| the cost of the review. The cost of the review shall be borne by | 32165 |
| the health insuring corporation. | 32166 |
| (6) The health insuring corporation shall provide to the | 32167 |
| independent review organization arranging for the experts' review | 32168 |
| a copy of those records in the health insuring corporation's | 32169 |
| possession that are relevant to the enrollee's medical condition | 32170 |
| and the review. The records shall be disclosed solely to the | 32171 |
| expert reviewers and shall be used solely for the purpose of this | 32172 |
| section. At the request of the expert reviewers, the health | 32173 |
| insuring corporation or the physician recommending the therapy | 32174 |
| shall provide any additional information that the expert reviewers | 32175 |
| request to complete the review. An expert reviewer is not required | 32176 |
| to render an opinion if the reviewer has not received any | 32177 |
| requested information that the reviewer considers necessary to | 32178 |
| complete the review. | 32179 |
| (7)(a) The opinions of the experts on the panel shall be | 32180 |
| rendered within thirty days after the enrollee's request for | 32181 |
| review. If the enrollee's physician determines that a therapy | 32182 |
| would be significantly less effective if not promptly initiated, | 32183 |
| the opinions shall be rendered within seven days after the | 32184 |
| enrollee's request for review. | 32185 |
| (b) In conducting the review, the experts on the panel shall | 32186 |
| take into account all of the following: | 32187 |
| (i) Information submitted by the health insuring corporation, | 32188 |
| the enrollee, and the enrollee's physician, including the | 32189 |
| enrollee's medical records and the standards, criteria, and | 32190 |
| clinical rationale used by the health insuring corporation to | 32191 |
| reach its coverage decision; | 32192 |
| (ii) Findings, studies, research, and other relevant | 32193 |
| documents of government agencies and nationally recognized | 32194 |
| organizations; | 32195 |
| (iii) Relevant findings in peer-reviewed medical or | 32196 |
| scientific literature and published opinions of nationally | 32197 |
| recognized medical experts; | 32198 |
| (iv) Clinical guidelines adopted by relevant national medical | 32199 |
| societies; | 32200 |
| (v) Safety, efficacy, appropriateness, and cost | 32201 |
| effectiveness. | 32202 |
| (8) Each expert on the panel shall provide the independent | 32203 |
| review organization with a professional opinion as to whether | 32204 |
| there is sufficient evidence to demonstrate that the recommended | 32205 |
| or requested therapy is likely to be more beneficial to the | 32206 |
| enrollee than standard therapies. | 32207 |
| (9) Each expert's opinion shall be presented in written form | 32208 |
| and shall include the following information: | 32209 |
| (a) A description of the enrollee's condition; | 32210 |
| (b) A description of the indicators relevant to determining | 32211 |
| whether there is sufficient evidence to demonstrate that the | 32212 |
| recommended or requested therapy is more likely than not to be | 32213 |
| more beneficial to the enrollee than standard therapies; | 32214 |
| (c) A description and analysis of any relevant findings | 32215 |
| published in peer-reviewed medical or scientific literature or the | 32216 |
| published opinions of medical experts or specialty societies; | 32217 |
| (d) A description of the enrollee's suitability to receive | 32218 |
| the recommended or requested therapy according to a treatment | 32219 |
| protocol in a clinical trial, if applicable. | 32220 |
| (10) The independent review organization shall provide the | 32221 |
| health insuring corporation with the opinions of the experts. The | 32222 |
| health insuring corporation shall make the experts' opinions | 32223 |
| available to the enrollee and the enrollee's physician, upon | 32224 |
| request. | 32225 |
| (11) The opinion of the majority of the experts on the panel, | 32226 |
| rendered pursuant to division (C)(8) of this section, is binding | 32227 |
| on the health insuring corporation with respect to that enrollee. | 32228 |
| If the opinions of the experts on the panel are evenly divided as | 32229 |
| to whether the therapy should be covered, then the health insuring | 32230 |
| corporation's final decision shall be in favor of coverage. If | 32231 |
| less than a majority of the experts on the panel recommend | 32232 |
| coverage of the therapy, the health insuring corporation may, in | 32233 |
| its discretion, cover the therapy. However, any coverage provided | 32234 |
| pursuant to division (C)(11) of this section is subject to the | 32235 |
| terms, limitations, and conditions of the enrollee's contract with | 32236 |
| the health insuring corporation. | 32237 |
| (12) The health insuring corporation shall have written | 32238 |
| policies describing the external, independent review process. | 32239 |
| (D) At any time during the external, independent review | 32240 |
| process, the health insuring corporation may elect to cover the | 32241 |
| recommended or requested health care service and terminate the | 32242 |
| review. The health insuring corporation shall notify the enrollee | 32243 |
| and all other parties involved by mail or, with the consent or | 32244 |
| approval of the enrollee, by electronic means. | 32245 |
| (E) If a health insuring corporation's initial denial of | 32246 |
| coverage for a therapy recommended or requested pursuant to | 32247 |
| division (A)(4) of this section is based upon an external, | 32248 |
| independent review of that therapy meeting the requirements of | 32249 |
| division (C) of this section, this section shall not be a basis | 32250 |
| for requiring a second external, independent review of the | 32251 |
| recommended or requested therapy. | 32252 |
| (F) The health insuring corporation shall annually file a | 32253 |
| certificate with the superintendent of insurance certifying its | 32254 |
| compliance with the requirements of this section. | 32255 |
| Sec. 1753.09. (A) Except as provided in division (D) of this | 32256 |
| section, prior to terminating the participation of a provider on | 32257 |
| the basis of the participating provider's failure to meet the | 32258 |
| health insuring corporation's standards for quality or utilization | 32259 |
| in the delivery of health care services, a health insuring | 32260 |
| corporation shall give the participating provider notice of the | 32261 |
| reason or reasons for its decision to terminate the provider's | 32262 |
| participation and an opportunity to take corrective action. The | 32263 |
| health insuring corporation shall develop a performance | 32264 |
| improvement plan in conjunction with the participating provider. | 32265 |
| If after being afforded the opportunity to comply with the | 32266 |
| performance improvement plan, the participating provider fails to | 32267 |
| do so, the health insuring corporation may terminate the | 32268 |
| participation of the provider. | 32269 |
| (B)(1) A participating provider whose participation has been | 32270 |
| terminated under division (A) of this section may appeal the | 32271 |
| termination to the appropriate medical director of the health | 32272 |
| insuring corporation. The medical director shall give the | 32273 |
| participating provider an opportunity to discuss with the medical | 32274 |
| director the reason or reasons for the termination. | 32275 |
| (2) If a satisfactory resolution of a participating | 32276 |
| provider's appeal cannot be reached under division (B)(1) of this | 32277 |
| section, the participating provider may appeal the termination to | 32278 |
| a panel composed of participating providers who have comparable or | 32279 |
| higher levels of education and training than the participating | 32280 |
| provider making the appeal. A representative of the participating | 32281 |
| provider's specialty shall be a member of the panel, if possible. | 32282 |
| This panel shall hold a hearing, and shall render its | 32283 |
| recommendation in the appeal within thirty days after holding the | 32284 |
| hearing. The recommendation shall be presented to the medical | 32285 |
| director and to the participating provider. | 32286 |
| (3) The medical director shall review and consider the | 32287 |
| panel's recommendation before making a decision. The decision | 32288 |
| rendered by the medical director shall be final. | 32289 |
| (C) A provider's status as a participating provider shall | 32290 |
| remain in effect during the appeal process set forth in division | 32291 |
| (B) of this section unless the termination was based on any of the | 32292 |
| reasons listed in division (D) of this section. | 32293 |
| (D) Notwithstanding division (A) of this section, a | 32294 |
| provider's participation may be immediately terminated if the | 32295 |
| participating provider's conduct presents an imminent risk of harm | 32296 |
| to an enrollee or enrollees; or if there has occurred unacceptable | 32297 |
| quality of care, fraud, patient abuse, loss of clinical | 32298 |
| privileges, loss of professional liability coverage, incompetence, | 32299 |
| or loss of authority to practice in the participating provider's | 32300 |
| field; or if a governmental action has impaired the participating | 32301 |
| provider's ability to practice. | 32302 |
| (E) Divisions (A) to (D) of this section apply only to | 32303 |
| providers who are natural persons. | 32304 |
| (F)(1) Nothing in this section prohibits a health insuring | 32305 |
| corporation from rejecting a provider's application for | 32306 |
| participation, or from terminating a participating provider's | 32307 |
| contract, if the health insuring corporation determines that the | 32308 |
| health care needs of its enrollees are being met and no need | 32309 |
| exists for the provider's or participating provider's services. | 32310 |
| (2) Nothing in this section shall be construed as prohibiting | 32311 |
| a health insuring corporation from terminating a participating | 32312 |
| provider who does not meet the terms and conditions of the | 32313 |
| participating provider's contract. | 32314 |
| (3) Nothing in this section shall be construed as prohibiting | 32315 |
| a health insuring corporation from terminating a participating | 32316 |
| provider's contract pursuant to any provision of the contract | 32317 |
| described in division (E)(2) of section 3963.02 of the Revised | 32318 |
| Code, except that, notwithstanding any provision of a contract | 32319 |
| described in that division, this section applies to the | 32320 |
| termination of a participating provider's contract for any of the | 32321 |
| causes described in divisions (A), (D), and (F)(1) and (2) of | 32322 |
| this section. | 32323 |
| (G) The superintendent of insurance may adopt rules as | 32324 |
| necessary to implement and enforce sections 1753.06, 1753.07, | 32325 |
| and 1753.09 of the Revised Code. Such rules shall be adopted in | 32326 |
|
accordance with
Chapter 119. of the
Revised
Code. | 32327 |
| 32328 | |
| 32329 | |
| 32330 | |
| 32331 | |
| 32332 |
| Sec. 1901.26. (A) Subject to division (E) of this section, | 32333 |
| costs in a municipal court shall be fixed and taxed as follows: | 32334 |
| (1)(a) The municipal court shall require an advance deposit | 32335 |
| for the filing of any new civil action or proceeding when required | 32336 |
| by division (C) of this section, and in all other cases, by rule, | 32337 |
| shall establish a schedule of fees and costs to be taxed in any | 32338 |
| civil or criminal action or proceeding. | 32339 |
| (b)(i) The legislative authority of a municipal corporation | 32340 |
| may by ordinance establish a schedule of fees to be taxed as costs | 32341 |
| in any civil, criminal, or traffic action or proceeding in a | 32342 |
| municipal court for the performance by officers or other employees | 32343 |
| of the municipal corporation's police department or marshal's | 32344 |
| office of any of the services specified in sections 311.17 and | 32345 |
| 509.15 of the Revised Code. No fee in the schedule shall be higher | 32346 |
| than the fee specified in section 311.17 of the Revised Code for | 32347 |
| the performance of the same service by the sheriff. If a fee | 32348 |
| established in the schedule conflicts with a fee for the same | 32349 |
| service established in another section of the Revised Code or a | 32350 |
| rule of court, the fee established in the other section of the | 32351 |
| Revised Code or the rule of court shall apply. | 32352 |
| (ii) When an officer or employee of a municipal police | 32353 |
| department or marshal's office performs in a civil, criminal, or | 32354 |
| traffic action or proceeding in a municipal court a service | 32355 |
| specified in section 311.17 or 509.15 of the Revised Code for | 32356 |
| which a taxable fee has been established under this or any other | 32357 |
| section of the Revised Code, the applicable legal fees and any | 32358 |
| other extraordinary expenses, including overtime, provided for the | 32359 |
| service shall be taxed as costs in the case. The clerk of the | 32360 |
| court shall pay those legal fees and other expenses, when | 32361 |
| collected, into the general fund of the municipal corporation that | 32362 |
| employs the officer or employee. | 32363 |
| (iii) If a bailiff of a municipal court performs in a civil, | 32364 |
| criminal, or traffic action or proceeding in that court a service | 32365 |
| specified in section 311.17 or 509.15 of the Revised Code for | 32366 |
| which a taxable fee has been established under this section or any | 32367 |
| other section of the Revised Code, the fee for the service is the | 32368 |
| same and is taxable to the same extent as if the service had been | 32369 |
| performed by an officer or employee of the police department or | 32370 |
| marshal's office of the municipal corporation in which the court | 32371 |
| is located. The clerk of that court shall pay the fee, when | 32372 |
| collected, into the general fund of the entity or entities that | 32373 |
| fund the bailiff's salary, in the same prorated amount as the | 32374 |
| salary is funded. | 32375 |
| (iv) Division (A)(1)(b) of this section does not authorize or | 32376 |
| require any officer or employee of a police department or | 32377 |
| marshal's office of a municipal corporation or any bailiff of a | 32378 |
| municipal court to perform any service not otherwise authorized by | 32379 |
| law. | 32380 |
| (2) The municipal court, by rule, may require an advance | 32381 |
| deposit for the filing of any civil action or proceeding and | 32382 |
| publication fees as provided in section 2701.09 of the Revised | 32383 |
| Code. The court may waive the requirement for advance deposit upon | 32384 |
| affidavit or other evidence that a party is unable to make the | 32385 |
| required deposit. | 32386 |
| (3) When a jury trial is demanded in any civil action or | 32387 |
| proceeding, the party making the demand may be required to make an | 32388 |
| advance deposit as fixed by rule of court, unless, upon affidavit | 32389 |
| or other evidence, the court concludes that the party is unable to | 32390 |
| make the required deposit. If a jury is called, the fees of a jury | 32391 |
| shall be taxed as costs. | 32392 |
| (4) In any civil or criminal action or proceeding, each | 32393 |
| witness shall receive twelve dollars for each full day's | 32394 |
| attendance and six dollars for each half day's attendance. Each | 32395 |
| witness in a municipal court that is not a county-operated | 32396 |
| municipal court also shall receive fifty and one-half cents for | 32397 |
| each mile necessarily traveled to and from the witness's place of | 32398 |
| residence to the action or proceeding. | 32399 |
| (5) A reasonable charge for driving, towing, carting, | 32400 |
| storing, keeping, and preserving motor vehicles and other personal | 32401 |
| property recovered or seized in any proceeding may be taxed as | 32402 |
| part of the costs in a trial of the cause, in an amount that shall | 32403 |
| be fixed by rule of court. | 32404 |
| (6) Chattel property seized under any writ or process issued | 32405 |
| by the court shall be preserved pending final disposition for the | 32406 |
| benefit of all persons interested and may be placed in storage | 32407 |
| when necessary or proper for that preservation. The custodian of | 32408 |
| any chattel property so stored shall not be required to part with | 32409 |
| the possession of the property until a reasonable charge, to be | 32410 |
| fixed by the court, is paid. | 32411 |
| (7) The municipal court, as it determines, may refund all | 32412 |
| deposits and advance payments of fees and costs, including those | 32413 |
| for jurors and summoning jurors, when they have been paid by the | 32414 |
| losing party. | 32415 |
| (8) Charges for the publication of legal notices required by | 32416 |
| statute or order of court may be taxed as part of the costs, as | 32417 |
| provided by section 7.13 of the Revised Code. | 32418 |
| (B)(1) The municipal court may determine that, for the | 32419 |
| efficient operation of the court, additional funds are necessary | 32420 |
| to acquire and pay for special projects of the court including, | 32421 |
| but not limited to, the acquisition of additional facilities or | 32422 |
| the rehabilitation of existing facilities, the acquisition of | 32423 |
| equipment, the hiring and training of staff, community service | 32424 |
| programs, mediation or dispute resolution services, the employment | 32425 |
| of magistrates, the training and education of judges, acting | 32426 |
| judges, and magistrates, and other related services. Upon that | 32427 |
| determination, the court by rule may charge a fee, in addition to | 32428 |
| all other court costs, on the filing of each criminal cause, civil | 32429 |
| action or proceeding, or judgment by confession. | 32430 |
| If the municipal court offers a special program or service in | 32431 |
| cases of a specific type, the municipal court by rule may assess | 32432 |
| an additional charge in a case of that type, over and above court | 32433 |
| costs, to cover the special program or service. The municipal | 32434 |
| court shall adjust the special assessment periodically, but not | 32435 |
| retroactively, so that the amount assessed in those cases does not | 32436 |
| exceed the actual cost of providing the service or program. | 32437 |
| All moneys collected under division (B) of this section shall | 32438 |
| be paid to the county treasurer if the court is a county-operated | 32439 |
| municipal court or to the city treasurer if the court is not a | 32440 |
| county-operated municipal court for deposit into either a general | 32441 |
| special projects fund or a fund established for a specific special | 32442 |
| project. Moneys from a fund of that nature shall be disbursed upon | 32443 |
| an order of the court in an amount no greater than the actual cost | 32444 |
| to the court of a project. If a specific fund is terminated | 32445 |
| because of the discontinuance of a program or service established | 32446 |
| under division (B) of this section, the municipal court may order | 32447 |
| that moneys remaining in the fund be transferred to an account | 32448 |
| established under this division for a similar purpose. | 32449 |
| (2) As used in division (B) of this section: | 32450 |
| (a) "Criminal cause" means a charge alleging the violation of | 32451 |
| a statute or ordinance, or subsection of a statute or ordinance, | 32452 |
| that requires a separate finding of fact or a separate plea before | 32453 |
| disposition and of which the defendant may be found guilty, | 32454 |
| whether filed as part of a multiple charge on a single summons, | 32455 |
| citation, or complaint or as a separate charge on a single | 32456 |
| summons, citation, or complaint. "Criminal cause" does not include | 32457 |
| separate violations of the same statute or ordinance, or | 32458 |
| subsection of the same statute or ordinance, unless each charge is | 32459 |
| filed on a separate summons, citation, or complaint. | 32460 |
| (b) "Civil action or proceeding" means any civil litigation | 32461 |
| that must be determined by judgment entry. | 32462 |
| (C) The municipal court shall collect in all its divisions | 32463 |
|
except the small claims
division the
sum of | 32464 |
| dollars as additional filing fees in each new civil action or | 32465 |
| proceeding for the charitable public purpose of providing | 32466 |
| financial assistance to legal aid societies that operate within | 32467 |
| the state and to support the office of the state public defender. | 32468 |
| The municipal court shall collect in its small claims division | 32469 |
| the sum of eleven dollars as additional filing fees in each new | 32470 |
| civil action or proceeding for the charitable public purpose of | 32471 |
| providing financial assistance to legal aid societies that | 32472 |
| operate within the state and to support the office of the state | 32473 |
| public defender. This division does not apply to any execution on | 32474 |
| a judgment, proceeding in aid of execution, or other post-judgment | 32475 |
| proceeding arising out of a civil action. The filing fees required | 32476 |
| to be collected under this division shall be in addition to any | 32477 |
| other court costs imposed in the action or proceeding and shall | 32478 |
| be collected at the time of the filing of the action or | 32479 |
| proceeding. The court shall not waive the payment of the | 32480 |
| additional filing fees in a new civil action or proceeding unless | 32481 |
| the court waives the advanced payment of all filing fees in the | 32482 |
| action or proceeding. All such moneys collected during a month | 32483 |
| except for an amount equal to up to one per cent of those moneys | 32484 |
| retained to cover administrative costs shall be transmitted on or | 32485 |
| before the twentieth day of the following month by the clerk of | 32486 |
| the court to the treasurer of state in a manner prescribed by the | 32487 |
| treasurer of state or by the Ohio legal assistance foundation. | 32488 |
| The treasurer of state shall deposit four per cent of the funds | 32489 |
| collected under this division to the credit of the civil case | 32490 |
| filing fee fund established under section 120.07 of the Revised | 32491 |
| Code and ninety-six per cent of the funds collected under this | 32492 |
| division to the credit of the legal aid fund established under | 32493 |
| section 120.52 of the Revised Code. | 32494 |
| The court may retain up to one per cent of the moneys it | 32495 |
| collects under this division to cover administrative costs, | 32496 |
| including the hiring of any additional personnel necessary to | 32497 |
| implement this division. If the court fails to transmit to the | 32498 |
| treasurer of state the moneys the court collects under this | 32499 |
| division in a manner prescribed by the treasurer of state or by | 32500 |
| the Ohio legal assistance foundation, the court shall forfeit the | 32501 |
| moneys the court retains under this division to cover | 32502 |
| administrative costs, including the hiring of any additional | 32503 |
| personnel necessary to implement this division, and shall transmit | 32504 |
| to the treasurer of state all moneys collected under this | 32505 |
| division, including the forfeited amount retained for | 32506 |
| administrative costs, for deposit in the legal aid fund. | 32507 |
| (D) In the Cleveland municipal court, reasonable charges for | 32508 |
| investigating titles of real estate to be sold or disposed of | 32509 |
| under any writ or process of the court may be taxed as part of the | 32510 |
| costs. | 32511 |
| (E) Under the circumstances described in sections 2969.21 to | 32512 |
| 2969.27 of the Revised Code, the clerk of the municipal court | 32513 |
| shall charge the fees and perform the other duties specified in | 32514 |
| those sections. | 32515 |
| (F) As used in this section: | 32516 |
| (1) "Full day's attendance" means a day on which a witness is | 32517 |
| required or requested to be present at an action or proceeding | 32518 |
| before and after twelve noon, regardless of whether the witness | 32519 |
| actually testifies. | 32520 |
| (2) "Half day's attendance" means a day on which a witness is | 32521 |
| required or requested to be present at an action or proceeding | 32522 |
| either before or after twelve noon, but not both, regardless of | 32523 |
| whether the witness actually testifies. | 32524 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 32525 |
| court shall be selected, be compensated, give bond, and have | 32526 |
| powers and duties as follows: | 32527 |
| (A) There shall be a clerk of the court who is appointed or | 32528 |
| elected as follows: | 32529 |
| (1)(a) Except in the Akron, Barberton, Toledo, Hamilton | 32530 |
| county, Portage county, and Wayne county municipal courts and | 32531 |
| through December 31, 2008, the Cuyahoga Falls municipal court, if | 32532 |
| the population of the territory equals or exceeds one hundred | 32533 |
| thousand at the regular municipal election immediately preceding | 32534 |
| the expiration of the term of the present clerk, the clerk shall | 32535 |
| be nominated and elected by the qualified electors of the | 32536 |
| territory in the manner that is provided for the nomination and | 32537 |
| election of judges in section 1901.07 of the Revised Code. | 32538 |
| The clerk so elected shall hold office for a term of six | 32539 |
| years, which term shall commence on the first day of January | 32540 |
| following the clerk's election and continue until the clerk's | 32541 |
| successor is elected and qualified. | 32542 |
| (b) In the Hamilton county municipal court, the clerk of | 32543 |
| courts of Hamilton county shall be the clerk of the municipal | 32544 |
| court and may appoint an assistant clerk who shall receive the | 32545 |
| compensation, payable out of the treasury of Hamilton county in | 32546 |
| semimonthly installments, that the board of county commissioners | 32547 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 32548 |
| clerk of the Hamilton county municipal court and assuming the | 32549 |
| duties of that office, shall receive compensation at one-fourth | 32550 |
| the rate that is prescribed for the clerks of courts of common | 32551 |
| pleas as determined in accordance with the population of the | 32552 |
| county and the rates set forth in sections 325.08 and 325.18 of | 32553 |
| the Revised Code. This compensation shall be paid from the county | 32554 |
| treasury in semimonthly installments and is in addition to the | 32555 |
| annual compensation that is received for the performance of the | 32556 |
| duties of the clerk of courts of Hamilton county, as provided in | 32557 |
| sections 325.08 and 325.18 of the Revised Code. | 32558 |
| (c) In the Portage county and Wayne county municipal courts, | 32559 |
| the clerks of courts of Portage county and Wayne county shall be | 32560 |
| the clerks, respectively, of the Portage county and Wayne county | 32561 |
| municipal courts and may appoint a chief deputy clerk for each | 32562 |
| branch that is established pursuant to section 1901.311 of the | 32563 |
| Revised Code and assistant clerks as the judges of the municipal | 32564 |
| court determine are necessary, all of whom shall receive the | 32565 |
| compensation that the legislative authority prescribes. The clerks | 32566 |
| of courts of Portage county and Wayne county, acting as the clerks | 32567 |
| of the Portage county and Wayne county municipal courts and | 32568 |
| assuming the duties of these offices, shall receive compensation | 32569 |
| payable from the county treasury in semimonthly installments at | 32570 |
| one-fourth the rate that is prescribed for the clerks of courts | 32571 |
| of common pleas as determined in accordance with the population | 32572 |
| of the county and the rates set forth in sections 325.08 and | 32573 |
| 325.18 of the Revised Code. | 32574 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 32575 |
| this section, in the Akron municipal court, candidates for | 32576 |
| election to the office of clerk of the court shall be nominated by | 32577 |
| primary election. The primary election shall be held on the day | 32578 |
| specified in the charter of the city of Akron for the nomination | 32579 |
| of municipal officers. Notwithstanding any contrary provision of | 32580 |
| section 3513.05 or 3513.257 of the Revised Code, the declarations | 32581 |
| of candidacy and petitions of partisan candidates and the | 32582 |
| nominating petitions of independent candidates for the office of | 32583 |
| clerk of the Akron municipal court shall be signed by at least | 32584 |
| fifty qualified electors of the territory of the court. | 32585 |
| The candidates shall file a declaration of candidacy and | 32586 |
| petition, or a nominating petition, whichever is applicable, not | 32587 |
| later than four p.m. of the seventy-fifth day before the day of | 32588 |
| the primary election, in the form prescribed by section 3513.07 or | 32589 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 32590 |
| petition, or the nominating petition, shall conform to the | 32591 |
| applicable requirements of section 3513.05 or 3513.257 of the | 32592 |
| Revised Code. | 32593 |
| If no valid declaration of candidacy and petition is filed by | 32594 |
| any person for nomination as a candidate of a particular political | 32595 |
| party for election to the office of clerk of the Akron municipal | 32596 |
| court, a primary election shall not be held for the purpose of | 32597 |
| nominating a candidate of that party for election to that office. | 32598 |
| If only one person files a valid declaration of candidacy and | 32599 |
| petition for nomination as a candidate of a particular political | 32600 |
| party for election to that office, a primary election shall not be | 32601 |
| held for the purpose of nominating a candidate of that party for | 32602 |
| election to that office, and the candidate shall be issued a | 32603 |
| certificate of nomination in the manner set forth in section | 32604 |
| 3513.02 of the Revised Code. | 32605 |
| Declarations of candidacy and petitions, nominating | 32606 |
| petitions, and certificates of nomination for the office of clerk | 32607 |
| of the Akron municipal court shall contain a designation of the | 32608 |
| term for which the candidate seeks election. At the following | 32609 |
| regular municipal election, all candidates for the office shall be | 32610 |
| submitted to the qualified electors of the territory of the court | 32611 |
| in the manner that is provided in section 1901.07 of the Revised | 32612 |
| Code for the election of the judges of the court. The clerk so | 32613 |
| elected shall hold office for a term of six years, which term | 32614 |
| shall commence on the first day of January following the clerk's | 32615 |
| election and continue until the clerk's successor is elected and | 32616 |
| qualified. | 32617 |
| (e) Except as otherwise provided in division (A)(1)(e) of | 32618 |
| this section, in the Barberton municipal court, candidates for | 32619 |
| election to the office of clerk of the court shall be nominated by | 32620 |
| primary election. The primary election shall be held on the day | 32621 |
| specified in the charter of the city of Barberton for the | 32622 |
| nomination of municipal officers. Notwithstanding any contrary | 32623 |
| provision of section 3513.05 or 3513.257 of the Revised Code, the | 32624 |
| declarations of candidacy and petitions of partisan candidates and | 32625 |
| the nominating petitions of independent candidates for the office | 32626 |
| of clerk of the Barberton municipal court shall be signed by at | 32627 |
| least fifty qualified electors of the territory of the court. | 32628 |
| The candidates shall file a declaration of candidacy and | 32629 |
| petition, or a nominating petition, whichever is applicable, not | 32630 |
| later than four p.m. of the seventy-fifth day before the day of | 32631 |
| the primary election, in the form prescribed by section 3513.07 or | 32632 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 32633 |
| petition, or the nominating petition, shall conform to the | 32634 |
| applicable requirements of section 3513.05 or 3513.257 of the | 32635 |
| Revised Code. | 32636 |
| If no valid declaration of candidacy and petition is filed by | 32637 |
| any person for nomination as a candidate of a particular political | 32638 |
| party for election to the office of clerk of the Barberton | 32639 |
| municipal court, a primary election shall not be held for the | 32640 |
| purpose of nominating a candidate of that party for election to | 32641 |
| that office. If only one person files a valid declaration of | 32642 |
| candidacy and petition for nomination as a candidate of a | 32643 |
| particular political party for election to that office, a primary | 32644 |
| election shall not be held for the purpose of nominating a | 32645 |
| candidate of that party for election to that office, and the | 32646 |
| candidate shall be issued a certificate of nomination in the | 32647 |
| manner set forth in section 3513.02 of the Revised Code. | 32648 |
| Declarations of candidacy and petitions, nominating | 32649 |
| petitions, and certificates of nomination for the office of clerk | 32650 |
| of the Barberton municipal court shall contain a designation of | 32651 |
| the term for which the candidate seeks election. At the following | 32652 |
| regular municipal election, all candidates for the office shall be | 32653 |
| submitted to the qualified electors of the territory of the court | 32654 |
| in the manner that is provided in section 1901.07 of the Revised | 32655 |
| Code for the election of the judges of the court. The clerk so | 32656 |
| elected shall hold office for a term of six years, which term | 32657 |
| shall commence on the first day of January following the clerk's | 32658 |
| election and continue until the clerk's successor is elected and | 32659 |
| qualified. | 32660 |
| (f)(i) Through December 31, 2008, except as otherwise | 32661 |
| provided in division (A)(1)(f)(i) of this section, in the Cuyahoga | 32662 |
| Falls municipal court, candidates for election to the office of | 32663 |
| clerk of the court shall be nominated by primary election. The | 32664 |
| primary election shall be held on the day specified in the charter | 32665 |
| of the city of Cuyahoga Falls for the nomination of municipal | 32666 |
| officers. Notwithstanding any contrary provision of section | 32667 |
| 3513.05 or 3513.257 of the Revised Code, the declarations of | 32668 |
| candidacy and petitions of partisan candidates and the nominating | 32669 |
| petitions of independent candidates for the office of clerk of the | 32670 |
| Cuyahoga Falls municipal court shall be signed by at least fifty | 32671 |
| qualified electors of the territory of the court. | 32672 |
| The candidates shall file a declaration of candidacy and | 32673 |
| petition, or a nominating petition, whichever is applicable, not | 32674 |
| later than four p.m. of the seventy-fifth day before the day of | 32675 |
| the primary election, in the form prescribed by section 3513.07 or | 32676 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 32677 |
| petition, or the nominating petition, shall conform to the | 32678 |
| applicable requirements of section 3513.05 or 3513.257 of the | 32679 |
| Revised Code. | 32680 |
| If no valid declaration of candidacy and petition is filed by | 32681 |
| any person for nomination as a candidate of a particular political | 32682 |
| party for election to the office of clerk of the Cuyahoga Falls | 32683 |
| municipal court, a primary election shall not be held for the | 32684 |
| purpose of nominating a candidate of that party for election to | 32685 |
| that office. If only one person files a valid declaration of | 32686 |
| candidacy and petition for nomination as a candidate of a | 32687 |
| particular political party for election to that office, a primary | 32688 |
| election shall not be held for the purpose of nominating a | 32689 |
| candidate of that party for election to that office, and the | 32690 |
| candidate shall be issued a certificate of nomination in the | 32691 |
| manner set forth in section 3513.02 of the Revised Code. | 32692 |
| Declarations of candidacy and petitions, nominating | 32693 |
| petitions, and certificates of nomination for the office of clerk | 32694 |
| of the Cuyahoga Falls municipal court shall contain a designation | 32695 |
| of the term for which the candidate seeks election. At the | 32696 |
| following regular municipal election, all candidates for the | 32697 |
| office shall be submitted to the qualified electors of the | 32698 |
| territory of the court in the manner that is provided in section | 32699 |
| 1901.07 of the Revised Code for the election of the judges of the | 32700 |
| court. The clerk so elected shall hold office for a term of six | 32701 |
| years, which term shall commence on the first day of January | 32702 |
| following the clerk's election and continue until the clerk's | 32703 |
| successor is elected and qualified. | 32704 |
| (ii) Division (A)(1)(f)(i) of this section shall have no | 32705 |
| effect after December 31, 2008. | 32706 |
| (g) Except as otherwise provided in division (A)(1)(g) of | 32707 |
| this section, in the Toledo municipal court, candidates for | 32708 |
| election to the office of clerk of the court shall be nominated by | 32709 |
| primary election. The primary election shall be held on the day | 32710 |
| specified in the charter of the city of Toledo for the nomination | 32711 |
| of municipal officers. Notwithstanding any contrary provision of | 32712 |
| section 3513.05 or 3513.257 of the Revised Code, the declarations | 32713 |
| of candidacy and petitions of partisan candidates and the | 32714 |
| nominating petitions of independent candidates for the office of | 32715 |
| clerk of the Toledo municipal court shall be signed by at least | 32716 |
| fifty qualified electors of the territory of the court. | 32717 |
| The candidates shall file a declaration of candidacy and | 32718 |
| petition, or a nominating petition, whichever is applicable, not | 32719 |
| later than four p.m. of the seventy-fifth day before the day of | 32720 |
| the primary election, in the form prescribed by section 3513.07 or | 32721 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 32722 |
| petition, or the nominating petition, shall conform to the | 32723 |
| applicable requirements of section 3513.05 or 3513.257 of the | 32724 |
| Revised Code. | 32725 |
| If no valid declaration of candidacy and petition is filed by | 32726 |
| any person for nomination as a candidate of a particular political | 32727 |
| party for election to the office of clerk of the Toledo municipal | 32728 |
| court, a primary election shall not be held for the purpose of | 32729 |
| nominating a candidate of that party for election to that office. | 32730 |
| If only one person files a valid declaration of candidacy and | 32731 |
| petition for nomination as a candidate of a particular political | 32732 |
| party for election to that office, a primary election shall not be | 32733 |
| held for the purpose of nominating a candidate of that party for | 32734 |
| election to that office, and the candidate shall be issued a | 32735 |
| certificate of nomination in the manner set forth in section | 32736 |
| 3513.02 of the Revised Code. | 32737 |
| Declarations of candidacy and petitions, nominating | 32738 |
| petitions, and certificates of nomination for the office of clerk | 32739 |
| of the Toledo municipal court shall contain a designation of the | 32740 |
| term for which the candidate seeks election. At the following | 32741 |
| regular municipal election, all candidates for the office shall be | 32742 |
| submitted to the qualified electors of the territory of the court | 32743 |
| in the manner that is provided in section 1901.07 of the Revised | 32744 |
| Code for the election of the judges of the court. The clerk so | 32745 |
| elected shall hold office for a term of six years, which term | 32746 |
| shall commence on the first day of January following the clerk's | 32747 |
| election and continue until the clerk's successor is elected and | 32748 |
| qualified. | 32749 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 32750 |
| county, Columbiana county, Holmes county, Lorain, Massillon, and | 32751 |
| Youngstown municipal courts, in a municipal court for which the | 32752 |
| population of the territory is less than one hundred thousand, the | 32753 |
| clerk shall be appointed by the court, and the clerk shall hold | 32754 |
| office until the clerk's successor is appointed and qualified. | 32755 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 32756 |
| municipal courts, the clerk shall be elected for a term of office | 32757 |
| as described in division (A)(1)(a) of this section. | 32758 |
| (c) In the Auglaize county, Brown county, and Holmes county | 32759 |
| municipal courts, the clerks of courts of Auglaize county, Brown | 32760 |
| county, and Holmes county shall be the clerks, respectively, of | 32761 |
| the Auglaize county, Brown county, and Holmes county municipal | 32762 |
| courts and may appoint a chief deputy clerk for each branch office | 32763 |
| that is established pursuant to section 1901.311 of the Revised | 32764 |
| Code, and assistant clerks as the judge of the court determines | 32765 |
| are necessary, all of whom shall receive the compensation that the | 32766 |
| legislative authority prescribes. The clerks of courts of Auglaize | 32767 |
| county, Brown county, and Holmes county, acting as the clerks of | 32768 |
| the Auglaize county, Brown county, and Holmes county municipal | 32769 |
| courts and assuming the duties of these offices, shall receive | 32770 |
| compensation payable from the county treasury in semimonthly | 32771 |
| installments at one-fourth the rate that is prescribed for the | 32772 |
| clerks of courts of common pleas as determined in accordance with | 32773 |
| the population of the county and the rates set forth in sections | 32774 |
| 325.08 and 325.18 of the Revised Code. | 32775 |
| (d) In the Columbiana county municipal court, the clerk of | 32776 |
| courts of Columbiana county shall be the clerk of the municipal | 32777 |
| court, may appoint a chief deputy clerk for each branch office | 32778 |
| that is established pursuant to section 1901.311 of the Revised | 32779 |
| Code, and may appoint any assistant clerks that the judges of the | 32780 |
| court determine are necessary. All of the chief deputy clerks and | 32781 |
| assistant clerks shall receive the compensation that the | 32782 |
| legislative authority prescribes. The clerk of courts of | 32783 |
| Columbiana county, acting as the clerk of the Columbiana county | 32784 |
| municipal court and assuming the duties of that office, shall | 32785 |
| receive in either biweekly installments or semimonthly | 32786 |
| installments, as determined by the payroll administrator, | 32787 |
| compensation payable from the county treasury at one-fourth the | 32788 |
| rate that is prescribed for the clerks of courts of common pleas | 32789 |
| as determined in accordance with the population of the county and | 32790 |
| the rates set forth in sections 325.08 and 325.18 of the Revised | 32791 |
| Code. | 32792 |
| (3) During the temporary absence of the clerk due to illness, | 32793 |
| vacation, or other proper cause, the court may appoint a temporary | 32794 |
| clerk, who shall be paid the same compensation, have the same | 32795 |
| authority, and perform the same duties as the clerk. | 32796 |
| (B) Except in the Hamilton county, Portage county, and Wayne | 32797 |
| county municipal courts, if a vacancy occurs in the office of the | 32798 |
| clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 32799 |
| court or occurs in the office of the clerk of a municipal court | 32800 |
| for which the population of the territory equals or exceeds one | 32801 |
| hundred thousand because the clerk ceases to hold the office | 32802 |
| before the end of the clerk's term or because a clerk-elect fails | 32803 |
| to take office, the vacancy shall be filled, until a successor is | 32804 |
| elected and qualified, by a person chosen by the residents of the | 32805 |
| territory of the court who are members of the county central | 32806 |
| committee of the political party by which the last occupant of | 32807 |
| that office or the clerk-elect was nominated. Not less than five | 32808 |
| nor more than fifteen days after a vacancy occurs, those members | 32809 |
| of that county central committee shall meet to make an appointment | 32810 |
| to fill the vacancy. At least four days before the date of the | 32811 |
| meeting, the chairperson or a secretary of the county central | 32812 |
| committee shall notify each such member of that county central | 32813 |
| committee by first class mail of the date, time, and place of the | 32814 |
| meeting and its purpose. A majority of all such members of that | 32815 |
| county central committee constitutes a quorum, and a majority of | 32816 |
| the quorum is required to make the appointment. If the office so | 32817 |
| vacated was occupied or was to be occupied by a person not | 32818 |
| nominated at a primary election, or if the appointment was not | 32819 |
| made by the committee members in accordance with this division, | 32820 |
| the court shall make an appointment to fill the vacancy. A | 32821 |
| successor shall be elected to fill the office for the unexpired | 32822 |
| term at the first municipal election that is held more than one | 32823 |
| hundred twenty days after the vacancy occurred. | 32824 |
| (C)(1) In a municipal court, other than the Auglaize county, | 32825 |
| the Brown county, the Columbiana county, the Holmes county, and | 32826 |
| the Lorain municipal courts, for which the population of the | 32827 |
| territory is less than one hundred thousand, the clerk of the | 32828 |
| municipal court shall receive the annual compensation that the | 32829 |
| presiding judge of the court prescribes, if the revenue of the | 32830 |
| court for the preceding calendar year, as certified by the auditor | 32831 |
| or chief fiscal officer of the municipal corporation in which the | 32832 |
| court is located or, in the case of a county-operated municipal | 32833 |
| court, the county auditor, is equal to or greater than the | 32834 |
| expenditures, including any debt charges, for the operation of the | 32835 |
| court payable under this chapter from the city treasury or, in the | 32836 |
| case of a county-operated municipal court, the county treasury for | 32837 |
| that calendar year, as also certified by the auditor or chief | 32838 |
| fiscal officer. If the revenue of a municipal court, other than | 32839 |
| the Auglaize county, the Brown county, the Columbiana county, and | 32840 |
| the Lorain municipal courts, for which the population of the | 32841 |
| territory is less than one hundred thousand for the preceding | 32842 |
| calendar year as so certified is not equal to or greater than | 32843 |
| those expenditures for the operation of the court for that | 32844 |
| calendar year as so certified, the clerk of a municipal court | 32845 |
| shall receive the annual compensation that the legislative | 32846 |
| authority prescribes. As used in this division, "revenue" means | 32847 |
| the total of all costs and fees that are collected and paid to the | 32848 |
| city treasury or, in a county-operated municipal court, the county | 32849 |
| treasury by the clerk of the municipal court under division (F) of | 32850 |
| this section and all interest received and paid to the city | 32851 |
| treasury or, in a county-operated municipal court, the county | 32852 |
| treasury in relation to the costs and fees under division (G) of | 32853 |
| this section. | 32854 |
| (2) In a municipal court, other than the Hamilton county, | 32855 |
| Portage county, and Wayne county municipal courts, for which the | 32856 |
| population of the territory is one hundred thousand or more, and | 32857 |
| in the Lorain municipal court, the clerk of the municipal court | 32858 |
| shall receive annual compensation in a sum equal to eighty-five | 32859 |
| per cent of the salary of a judge of the court. | 32860 |
| (3) The compensation of a clerk described in division (C)(1) | 32861 |
| or (2) of this section and of the clerk of the Columbiana county | 32862 |
| municipal court is payable in either semimonthly installments or | 32863 |
| biweekly installments, as determined by the payroll | 32864 |
| administrator, from the same sources and in the same manner as | 32865 |
| provided in section 1901.11 of the Revised Code, except that the | 32866 |
| compensation of the clerk of the Carroll county municipal court | 32867 |
| is payable in biweekly installments. | 32868 |
| (D) Before entering upon the duties of the clerk's office, | 32869 |
| the clerk of a municipal court shall give bond of not less than | 32870 |
| six thousand dollars to be determined by the judges of the court, | 32871 |
| conditioned upon the faithful performance of the clerk's duties. | 32872 |
| (E) The clerk of a municipal court may do all of the | 32873 |
| following: administer oaths, take affidavits, and issue executions | 32874 |
| upon any judgment rendered in the court, including a judgment for | 32875 |
| unpaid costs; issue, sign, and attach the seal of the court to all | 32876 |
| writs, process, subpoenas, and papers issuing out of the court; | 32877 |
| and approve all bonds, sureties, recognizances, and undertakings | 32878 |
| fixed by any judge of the court or by law. The clerk may refuse to | 32879 |
| accept for filing any pleading or paper submitted for filing by a | 32880 |
| person who has been found to be a vexatious litigator under | 32881 |
| section 2323.52 of the Revised Code and who has failed to obtain | 32882 |
| leave to proceed under that section. The clerk shall do all of the | 32883 |
| following: file and safely keep all journals, records, books, and | 32884 |
| papers belonging or appertaining to the court; record the | 32885 |
| proceedings of the court; perform all other duties that the judges | 32886 |
| of the court may prescribe; and keep a book showing all receipts | 32887 |
| and disbursements, which book shall be open for public inspection | 32888 |
| at all times. | 32889 |
| The clerk shall prepare and maintain a general index, a | 32890 |
| docket, and other records that the court, by rule, requires, all | 32891 |
| of which shall be the public records of the court. In the docket, | 32892 |
| the clerk shall enter, at the time of the commencement of an | 32893 |
| action, the names of the parties in full, the names of the | 32894 |
| counsel, and the nature of the proceedings. Under proper dates, | 32895 |
| the clerk shall note the filing of the complaint, issuing of | 32896 |
| summons or other process, returns, and any subsequent pleadings. | 32897 |
| The clerk also shall enter all reports, verdicts, orders, | 32898 |
| judgments, and proceedings of the court, clearly specifying the | 32899 |
| relief granted or orders made in each action. The court may order | 32900 |
| an extended record of any of the above to be made and entered, | 32901 |
| under the proper action heading, upon the docket at the request of | 32902 |
| any party to the case, the expense of which record may be taxed as | 32903 |
| costs in the case or may be required to be prepaid by the party | 32904 |
| demanding the record, upon order of the court. | 32905 |
| (F) The clerk of a municipal court shall receive, collect, | 32906 |
| and issue receipts for all costs, fees, fines, bail, and other | 32907 |
| moneys payable to the office or to any officer of the court. The | 32908 |
| clerk shall each month disburse to the proper persons or officers, | 32909 |
| and take receipts for, all costs, fees, fines, bail, and other | 32910 |
| moneys that the clerk collects. Subject to sections 3375.50 and | 32911 |
| 4511.193 of the Revised Code and to any other section of the | 32912 |
| Revised Code that requires a specific manner of disbursement of | 32913 |
| any moneys received by a municipal court and except for the | 32914 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 32915 |
| courts, the clerk shall pay all fines received for violation of | 32916 |
| municipal ordinances into the treasury of the municipal | 32917 |
| corporation the ordinance of which was violated and shall pay all | 32918 |
| fines received for violation of township resolutions adopted | 32919 |
| pursuant to section 503.52 or 503.53 or Chapter 504. of the | 32920 |
| Revised Code into the treasury of the township the resolution of | 32921 |
| which was violated. Subject to sections 1901.024 and 4511.193 of | 32922 |
| the Revised Code, in the Hamilton county, Lawrence county, and | 32923 |
| Ottawa county municipal courts, the clerk shall pay fifty per cent | 32924 |
| of the fines received for violation of municipal ordinances and | 32925 |
| fifty per cent of the fines received for violation of township | 32926 |
| resolutions adopted pursuant to section 503.52 or 503.53 or | 32927 |
| Chapter 504. of the Revised Code into the treasury of the county. | 32928 |
| Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the | 32929 |
| Revised Code and to any other section of the Revised Code that | 32930 |
| requires a specific manner of disbursement of any moneys received | 32931 |
| by a municipal court, the clerk shall pay all fines collected for | 32932 |
| the violation of state laws into the county treasury. Except in a | 32933 |
| county-operated municipal court, the clerk shall pay all costs and | 32934 |
| fees the disbursement of which is not otherwise provided for in | 32935 |
| the Revised Code into the city treasury. The clerk of a | 32936 |
| county-operated municipal court shall pay the costs and fees the | 32937 |
| disbursement of which is not otherwise provided for in the Revised | 32938 |
| Code into the county treasury. Moneys deposited as security for | 32939 |
| costs shall be retained pending the litigation. The clerk shall | 32940 |
| keep a separate account of all receipts and disbursements in civil | 32941 |
| and criminal cases, which shall be a permanent public record of | 32942 |
| the office. On the expiration of the term of the clerk, the clerk | 32943 |
| shall deliver the records to the clerk's successor. The clerk | 32944 |
| shall have other powers and duties as are prescribed by rule or | 32945 |
| order of the court. | 32946 |
| (G) All moneys paid into a municipal court shall be noted on | 32947 |
| the record of the case in which they are paid and shall be | 32948 |
| deposited in a state or national bank, or a domestic savings and | 32949 |
| loan association, as defined in section 1151.01 of the Revised | 32950 |
| Code, that is selected by the clerk. Any interest received upon | 32951 |
| the deposits shall be paid into the city treasury, except that, in | 32952 |
| a county-operated municipal court, the interest shall be paid into | 32953 |
| the treasury of the county in which the court is located. | 32954 |
| On the first Monday in January of each year, the clerk shall | 32955 |
| make a list of the titles of all cases in the court that were | 32956 |
| finally determined more than one year past in which there remains | 32957 |
| unclaimed in the possession of the clerk any funds, or any part of | 32958 |
| a deposit for security of costs not consumed by the costs in the | 32959 |
| case. The clerk shall give notice of the moneys to the parties who | 32960 |
| are entitled to the moneys or to their attorneys of record. All | 32961 |
| the moneys remaining unclaimed on the first day of April of each | 32962 |
| year shall be paid by the clerk to the city treasurer, except | 32963 |
| that, in a county-operated municipal court, the moneys shall be | 32964 |
| paid to the treasurer of the county in which the court is located. | 32965 |
| The treasurer shall pay any part of the moneys at any time to the | 32966 |
| person who has the right to the moneys upon proper certification | 32967 |
| of the clerk. | 32968 |
| (H) Deputy clerks of a municipal court other than the Carroll | 32969 |
| county municipal court may be appointed by the clerk and shall | 32970 |
| receive the compensation, payable in either biweekly installments | 32971 |
| or semimonthly installments, as determined by the payroll | 32972 |
| administrator, out of the city treasury, that the clerk may | 32973 |
| prescribe, except that the compensation of any deputy clerk of a | 32974 |
| county-operated municipal court shall be paid out of the treasury | 32975 |
| of the county in which the court is located. The judge of the | 32976 |
| Carroll county municipal court may appoint deputy clerks for the | 32977 |
| court, and the deputy clerks shall receive the compensation, | 32978 |
| payable in biweekly installments out of the county treasury, that | 32979 |
| the judge may prescribe. Each deputy clerk shall take an oath of | 32980 |
| office before entering upon the duties of the deputy clerk's | 32981 |
| office and, when so qualified, may perform the duties appertaining | 32982 |
| to the office of the clerk. The clerk may require any of the | 32983 |
| deputy clerks to give bond of not less than three thousand | 32984 |
| dollars, conditioned for the faithful performance of the deputy | 32985 |
| clerk's duties. | 32986 |
| (I) For the purposes of this section, whenever the population | 32987 |
| of the territory of a municipal court falls below one hundred | 32988 |
| thousand but not below ninety thousand, and the population of the | 32989 |
| territory prior to the most recent regular federal census exceeded | 32990 |
| one hundred thousand, the legislative authority of the municipal | 32991 |
| corporation may declare, by resolution, that the territory shall | 32992 |
| be considered to have a population of at least one hundred | 32993 |
| thousand. | 32994 |
| (J) The clerk or a deputy clerk shall be in attendance at all | 32995 |
| sessions of the municipal court, although not necessarily in the | 32996 |
| courtroom, and may administer oaths to witnesses and jurors and | 32997 |
| receive verdicts. | 32998 |
| Sec. 1907.24. (A) Subject to division (C) of this section, a | 32999 |
| county court shall fix and tax fees and costs as follows: | 33000 |
| (1) The county court shall require an advance deposit for the | 33001 |
| filing of any new civil action or proceeding when required by | 33002 |
| division (C) of this section and, in all other cases, shall | 33003 |
| establish a schedule of fees and costs to be taxed in any civil or | 33004 |
| criminal action or proceeding. | 33005 |
| (2) The county court by rule may require an advance deposit | 33006 |
| for the filing of a civil action or proceeding and publication | 33007 |
| fees as provided in section 2701.09 of the Revised Code. The court | 33008 |
| may waive an advance deposit requirement upon the presentation of | 33009 |
| an affidavit or other evidence that establishes that a party is | 33010 |
| unable to make the requisite deposit. | 33011 |
| (3) When a party demands a jury trial in a civil action or | 33012 |
| proceeding, the county court may require the party to make an | 33013 |
| advance deposit as fixed by rule of court, unless the court | 33014 |
| concludes, on the basis of an affidavit or other evidence | 33015 |
| presented by the party, that the party is unable to make the | 33016 |
| requisite deposit. If a jury is called, the county court shall tax | 33017 |
| the fees of a jury as costs. | 33018 |
| (4) In a civil or criminal action or proceeding, the county | 33019 |
| court shall fix the fees of witnesses in accordance with sections | 33020 |
| 2335.06 and 2335.08 of the Revised Code. | 33021 |
| (5) A county court may tax as part of the costs in a trial of | 33022 |
| the cause, in an amount fixed by rule of court, a reasonable | 33023 |
| charge for driving, towing, carting, storing, keeping, and | 33024 |
| preserving motor vehicles and other personal property recovered or | 33025 |
| seized in a proceeding. | 33026 |
| (6) The court shall preserve chattel property seized under a | 33027 |
| writ or process issued by the court pending final disposition for | 33028 |
| the benefit of all interested persons. The court may place the | 33029 |
| chattel property in storage when necessary or proper for its | 33030 |
| preservation. The custodian of chattel property so stored shall | 33031 |
| not be required to part with the possession of the property until | 33032 |
| a reasonable charge, to be fixed by the court, is paid. | 33033 |
| (7) The county court, as it determines, may refund all | 33034 |
| deposits and advance payments of fees and costs, including those | 33035 |
| for jurors and summoning jurors, when they have been paid by the | 33036 |
| losing party. | 33037 |
| (8) The court may tax as part of costs charges for the | 33038 |
| publication of legal notices required by statute or order of | 33039 |
| court, as provided by section 7.13 of the Revised Code. | 33040 |
| (B)(1) The county court may determine that, for the efficient | 33041 |
| operation of the court, additional funds are necessary to acquire | 33042 |
| and pay for special projects of the court including, but not | 33043 |
| limited to, the acquisition of additional facilities or the | 33044 |
| rehabilitation of existing facilities, the acquisition of | 33045 |
| equipment, the hiring and training of staff, community service | 33046 |
| programs, mediation or dispute resolution services, the employment | 33047 |
| of magistrates, the training and education of judges, acting | 33048 |
| judges, and magistrates, and other related services. Upon that | 33049 |
| determination, the court by rule may charge a fee, in addition to | 33050 |
| all other court costs, on the filing of each criminal cause, civil | 33051 |
| action or proceeding, or judgment by confession. | 33052 |
| If the county court offers a special program or service in | 33053 |
| cases of a specific type, the county court by rule may assess an | 33054 |
| additional charge in a case of that type, over and above court | 33055 |
| costs, to cover the special program or service. The county court | 33056 |
| shall adjust the special assessment periodically, but not | 33057 |
| retroactively, so that the amount assessed in those cases does not | 33058 |
| exceed the actual cost of providing the service or program. | 33059 |
| All moneys collected under division (B) of this section shall | 33060 |
| be paid to the county treasurer for deposit into either a general | 33061 |
| special projects fund or a fund established for a specific special | 33062 |
| project. Moneys from a fund of that nature shall be disbursed upon | 33063 |
| an order of the court in an amount no greater than the actual cost | 33064 |
| to the court of a project. If a specific fund is terminated | 33065 |
| because of the discontinuance of a program or service established | 33066 |
| under division (B) of this section, the county court may order | 33067 |
| that moneys remaining in the fund be transferred to an account | 33068 |
| established under this division for a similar purpose. | 33069 |
| (2) As used in division (B) of this section: | 33070 |
| (a) "Criminal cause" means a charge alleging the violation of | 33071 |
| a statute or ordinance, or subsection of a statute or ordinance, | 33072 |
| that requires a separate finding of fact or a separate plea before | 33073 |
| disposition and of which the defendant may be found guilty, | 33074 |
| whether filed as part of a multiple charge on a single summons, | 33075 |
| citation, or complaint or as a separate charge on a single | 33076 |
| summons, citation, or complaint. "Criminal cause" does not include | 33077 |
| separate violations of the same statute or ordinance, or | 33078 |
| subsection of the same statute or ordinance, unless each charge is | 33079 |
| filed on a separate summons, citation, or complaint. | 33080 |
| (b) "Civil action or proceeding" means any civil litigation | 33081 |
| that must be determined by judgment entry. | 33082 |
| (C) Subject to division (E) of this section, the county court | 33083 |
| shall collect in all its divisions except the small claims | 33084 |
|
division the sum of | 33085 |
| filing fees in each new civil action or proceeding for the | 33086 |
| charitable public purpose of providing financial assistance to | 33087 |
| legal aid societies that operate within the state and to support | 33088 |
| the office of the state public defender. Subject to division (E) | 33089 |
| of this section, the county court shall collect in its small | 33090 |
| claims division the sum of eleven dollars as additional filing | 33091 |
| fees in each new civil action or proceeding for the charitable | 33092 |
| public purpose of providing financial assistance to legal aid | 33093 |
| societies that operate within the state and to support the office | 33094 |
| of the state public defender. This division does not apply to any | 33095 |
| execution on a judgment, proceeding in aid of execution, or other | 33096 |
| post-judgment proceeding arising out of a civil action. The filing | 33097 |
| fees required to be collected under this division shall be in | 33098 |
| addition to any other court costs imposed in the action or | 33099 |
| proceeding and shall be collected at the time of the filing of the | 33100 |
| action or proceeding. The court shall not waive the payment of the | 33101 |
| additional filing fees in a new civil action or proceeding unless | 33102 |
| the court waives the advanced payment of all filing fees in the | 33103 |
| action or proceeding. All such moneys collected during a month | 33104 |
| except for an amount equal to up to one per cent of those moneys | 33105 |
| retained to cover administrative costs shall be transmitted on or | 33106 |
| before the twentieth day of the following month by the clerk of | 33107 |
| the court to the treasurer of state in a manner prescribed by the | 33108 |
| treasurer of state or by the Ohio legal assistance foundation. The | 33109 |
| treasurer of state shall deposit four per cent of the funds | 33110 |
| collected under this division to the credit of the civil case | 33111 |
| filing fee fund established under section 120.07 of the Revised | 33112 |
| Code and ninety-six per cent of the funds collected under this | 33113 |
| division to the credit of the legal aid fund established under | 33114 |
| section 120.52 of the Revised Code. | 33115 |
| The court may retain up to one per cent of the moneys it | 33116 |
| collects under this division to cover administrative costs, | 33117 |
| including the hiring of any additional personnel necessary to | 33118 |
| implement this division. If the court fails to transmit to the | 33119 |
| treasurer of state the moneys the court collects under this | 33120 |
| division in a manner prescribed by the treasurer of state or by | 33121 |
| the Ohio legal assistance foundation, the court shall forfeit the | 33122 |
| moneys the court retains under this division to cover | 33123 |
| administrative costs, including the hiring of any additional | 33124 |
| personnel necessary to implement this division, and shall transmit | 33125 |
| to the treasurer of state all moneys collected under this | 33126 |
| division, including the forfeited amount retained for | 33127 |
| administrative costs, for deposit in the legal aid fund. | 33128 |
| (D) The county court shall establish by rule a schedule of | 33129 |
| fees for miscellaneous services performed by the county court or | 33130 |
| any of its judges in accordance with law. If judges of the court | 33131 |
| of common pleas perform similar services, the fees prescribed in | 33132 |
| the schedule shall not exceed the fees for those services | 33133 |
| prescribed by the court of common pleas. | 33134 |
| (E) Under the circumstances described in sections 2969.21 to | 33135 |
| 2969.27 of the Revised Code, the clerk of the county court shall | 33136 |
| charge the fees and perform the other duties specified in those | 33137 |
| sections. | 33138 |
| Sec. 2101.01. (A) A probate division of the court of common | 33139 |
| pleas shall be held at the county seat in each county in an office | 33140 |
| furnished by the board of county commissioners, in which the | 33141 |
| books, records, and papers pertaining to the probate division | 33142 |
| shall be deposited and safely kept by the probate judge. The board | 33143 |
| shall provide suitable cases or other necessary items for the | 33144 |
| safekeeping and preservation of the books, records, and papers of | 33145 |
| the court and shall furnish any blankbooks, blanks, and | 33146 |
| stationery, and any machines, equipment, and materials for the | 33147 |
| keeping or examining of records, that the probate judge requires | 33148 |
| in the discharge of official duties. The board also shall | 33149 |
| authorize expenditures for accountants, financial consultants, and | 33150 |
| other agents required for auditing or financial consulting by the | 33151 |
| probate division whenever the probate judge considers these | 33152 |
| services and expenditures necessary for the efficient performance | 33153 |
| of the division's duties. The probate judge shall employ and | 33154 |
| supervise all clerks, deputies, magistrates, and other employees | 33155 |
| of the probate division. The probate judge shall supervise all | 33156 |
| probate court investigators and assessors in the performance of | 33157 |
| their duties as investigators and assessors and shall employ, | 33158 |
| appoint, or designate all probate court investigators and | 33159 |
| assessors in the manner described in divisions (A)(2) and (3) of | 33160 |
| section 2101.11 of the Revised Code. | 33161 |
| (B) As used in the Revised Code: | 33162 |
| (1) Except as provided in division (B)(2) of this section, | 33163 |
| "probate court" means the probate division of the court of common | 33164 |
| pleas, and "probate judge" means the judge of the court of common | 33165 |
| pleas who is judge of the probate division. | 33166 |
| (2) With respect to Lorain county: | 33167 |
| (a) From | 33168 |
| 33169 | |
| 33170 | |
| 33171 | |
| 33172 | |
| 33173 |
| | 33174 |
| 2009, "probate court" means the domestic relations division of | 33175 |
| the court of common pleas, and "probate judge" means each of the | 33176 |
| judges of the court of common pleas who are judges of the | 33177 |
| domestic relations division. | 33178 |
| (b) The judge of the court of common pleas, division of | 33179 |
| domestic relations, whose term begins on February 9, 2009, and | 33180 |
| successors, shall be the probate judge beginning September 29, | 33181 |
| 2009, and shall be elected and designated as judge of the court | 33182 |
| of common pleas, probate division. | 33183 |
| (C) Except as otherwise provided in this division, all | 33184 |
| pleadings, forms, journals, and other records filed or used in the | 33185 |
| probate division shall be entitled "In the Court of Common Pleas, | 33186 |
| Probate Division," but are not defective if entitled "In the | 33187 |
|
Probate Court." In Lorain county, | 33188 |
| 2009, through September 28, 2009, all pleadings, forms, journals, | 33189 |
| and other records filed or used in probate matters shall be | 33190 |
| entitled "In the Court of Common Pleas, Domestic Relations | 33191 |
| Division," but are not defective if entitled "In the Probate | 33192 |
| Division" or "In the Probate Court." | 33193 |
| Sec. 2151.011. (A) As used in the Revised Code: | 33194 |
| (1) "Juvenile court" means whichever of the following is | 33195 |
| applicable that has jurisdiction under this chapter and Chapter | 33196 |
| 2152. of the Revised Code: | 33197 |
| (a) The division of the court of common pleas specified in | 33198 |
| section 2101.022 or 2301.03 of the Revised Code as having | 33199 |
| jurisdiction under this chapter and Chapter 2152. of the Revised | 33200 |
| Code or as being the juvenile division or the juvenile division | 33201 |
| combined with one or more other divisions; | 33202 |
| (b) The juvenile court of Cuyahoga county or Hamilton county | 33203 |
| that is separately and independently created by section 2151.08 or | 33204 |
| Chapter 2153. of the Revised Code and that has jurisdiction under | 33205 |
| this chapter and Chapter 2152. of the Revised Code; | 33206 |
| (c) If division (A)(1)(a) or (b) of this section does not | 33207 |
| apply, the probate division of the court of common pleas. | 33208 |
| (2) "Juvenile judge" means a judge of a court having | 33209 |
| jurisdiction under this chapter. | 33210 |
| (3) "Private child placing agency" means any association, as | 33211 |
| defined in section 5103.02 of the Revised Code, that is certified | 33212 |
| under section 5103.03 of the Revised Code to accept temporary, | 33213 |
| permanent, or legal custody of children and place the children for | 33214 |
| either foster care or adoption. | 33215 |
| (4) "Private noncustodial agency" means any person, | 33216 |
| organization, association, or society certified by the department | 33217 |
| of job and family services that does not accept temporary or | 33218 |
| permanent legal custody of children, that is privately operated in | 33219 |
| this state, and that does one or more of the following: | 33220 |
| (a) Receives and cares for children for two or more | 33221 |
| consecutive weeks; | 33222 |
| (b) Participates in the placement of children in certified | 33223 |
| foster homes; | 33224 |
| (c) Provides adoption services in conjunction with a public | 33225 |
| children services agency or private child placing agency. | 33226 |
| (B) As used in this chapter: | 33227 |
| (1) "Adequate parental care" means the provision by a child's | 33228 |
| parent or parents, guardian, or custodian of adequate food, | 33229 |
| clothing, and shelter to ensure the child's health and physical | 33230 |
| safety and the provision by a child's parent or parents of | 33231 |
| specialized services warranted by the child's physical or mental | 33232 |
| needs. | 33233 |
| (2) "Adult" means an individual who is eighteen years of age | 33234 |
| or older. | 33235 |
| (3) "Agreement for temporary custody" means a voluntary | 33236 |
| agreement authorized by section 5103.15 of the Revised Code that | 33237 |
| transfers the temporary custody of a child to a public children | 33238 |
| services agency or a private child placing agency. | 33239 |
| (4) "Certified foster home" means a foster home, as defined | 33240 |
| in section 5103.02 of the Revised Code, certified under section | 33241 |
| 5103.03 of the Revised Code. | 33242 |
| (5) "Child" means a person who is under eighteen years of | 33243 |
| age, except that the juvenile court has jurisdiction over any | 33244 |
| person who is adjudicated an unruly child prior to attaining | 33245 |
| eighteen years of age until the person attains twenty-one years of | 33246 |
| age, and, for purposes of that jurisdiction related to that | 33247 |
| adjudication, a person who is so adjudicated an unruly child shall | 33248 |
| be deemed a "child" until the person attains twenty-one years of | 33249 |
| age. | 33250 |
| (6) "Child day camp," "child care," "child day-care center," | 33251 |
| "part-time child day-care center," "type A family day-care home," | 33252 |
| "certified type B family day-care home," "type B home," | 33253 |
| "administrator of a child day-care center," "administrator of a | 33254 |
| type A family day-care home," "in-home aide," and "authorized | 33255 |
| provider" have the same meanings as in section 5104.01 of the | 33256 |
| Revised Code. | 33257 |
| (7) "Child care provider" means an individual who is a | 33258 |
| child-care staff member or administrator of a child day-care | 33259 |
| center, a type A family day-care home, or a type B family day-care | 33260 |
| home, or an in-home aide or an individual who is licensed, is | 33261 |
| regulated, is approved, operates under the direction of, or | 33262 |
| otherwise is certified by the department of job and family | 33263 |
| services, department of mental retardation and developmental | 33264 |
| disabilities, or the early childhood programs of the department of | 33265 |
| education. | 33266 |
| (8) "Chronic truant" has the same meaning as in section | 33267 |
| 2152.02 of the Revised Code. | 33268 |
| (9) "Commit" means to vest custody as ordered by the court. | 33269 |
| (10) "Counseling" includes both of the following: | 33270 |
| (a) General counseling services performed by a public | 33271 |
| children services agency or shelter for victims of domestic | 33272 |
| violence to assist a child, a child's parents, and a child's | 33273 |
| siblings in alleviating identified problems that may cause or have | 33274 |
| caused the child to be an abused, neglected, or dependent child. | 33275 |
| (b) Psychiatric or psychological therapeutic counseling | 33276 |
| services provided to correct or alleviate any mental or emotional | 33277 |
| illness or disorder and performed by a licensed psychiatrist, | 33278 |
| licensed psychologist, or a person licensed under Chapter 4757. of | 33279 |
| the Revised Code to engage in social work or professional | 33280 |
| counseling. | 33281 |
| (11) "Custodian" means a person who has legal custody of a | 33282 |
| child or a public children services agency or private child | 33283 |
| placing agency that has permanent, temporary, or legal custody of | 33284 |
| a child. | 33285 |
| (12) "Delinquent child" has the same meaning as in section | 33286 |
| 2152.02 of the Revised Code. | 33287 |
| (13) "Detention" means the temporary care of children pending | 33288 |
| court adjudication or disposition, or execution of a court order, | 33289 |
| in a public or private facility designed to physically restrict | 33290 |
| the movement and activities of children. | 33291 |
| (14) "Developmental disability" has the same meaning as in | 33292 |
| section 5123.01 of the Revised Code. | 33293 |
| (15) "Foster caregiver" has the same meaning as in section | 33294 |
| 5103.02 of the Revised Code. | 33295 |
| (16) "Guardian" means a person, association, or corporation | 33296 |
| that is granted authority by a probate court pursuant to Chapter | 33297 |
| 2111. of the Revised Code to exercise parental rights over a child | 33298 |
| to the extent provided in the court's order and subject to the | 33299 |
| residual parental rights of the child's parents. | 33300 |
| (17) "Habitual truant" means any child of compulsory school | 33301 |
| age who is absent without legitimate excuse for absence from the | 33302 |
| public school the child is supposed to attend for five or more | 33303 |
| consecutive school days, seven or more school days in one school | 33304 |
| month, or twelve or more school days in a school year. | 33305 |
| (18) "Juvenile traffic offender" has the same meaning as in | 33306 |
| section 2152.02 of the Revised Code. | 33307 |
| (19) "Legal custody" means a legal status that vests in the | 33308 |
| custodian the right to have physical care and control of the child | 33309 |
| and to determine where and with whom the child shall live, and the | 33310 |
| right and duty to protect, train, and discipline the child and to | 33311 |
| provide the child with food, shelter, education, and medical care, | 33312 |
| all subject to any residual parental rights, privileges, and | 33313 |
| responsibilities. An individual granted legal custody shall | 33314 |
| exercise the rights and responsibilities personally unless | 33315 |
| otherwise authorized by any section of the Revised Code or by the | 33316 |
| court. | 33317 |
| (20) A "legitimate excuse for absence from the public school | 33318 |
| the child is supposed to attend" includes, but is not limited to, | 33319 |
| any of the following: | 33320 |
| (a) The fact that the child in question has enrolled in and | 33321 |
| is attending another public or nonpublic school in this or another | 33322 |
| state; | 33323 |
| (b) The fact that the child in question is excused from | 33324 |
| attendance at school for any of the reasons specified in section | 33325 |
| 3321.04 of the Revised Code; | 33326 |
| (c) The fact that the child in question has received an age | 33327 |
| and schooling certificate in accordance with section 3331.01 of | 33328 |
| the Revised Code. | 33329 |
| (21) "Mental illness" and "mentally ill person subject to | 33330 |
| hospitalization by court order" have the same meanings as in | 33331 |
| section 5122.01 of the Revised Code. | 33332 |
| (22) "Mental injury" means any behavioral, cognitive, | 33333 |
| emotional, or mental disorder in a child caused by an act or | 33334 |
| omission that is described in section 2919.22 of the Revised Code | 33335 |
| and is committed by the parent or other person responsible for the | 33336 |
| child's care. | 33337 |
| (23) "Mentally retarded person" has the same meaning as in | 33338 |
| section 5123.01 of the Revised Code. | 33339 |
| (24) "Nonsecure care, supervision, or training" means care, | 33340 |
| supervision, or training of a child in a facility that does not | 33341 |
| confine or prevent movement of the child within the facility or | 33342 |
| from the facility. | 33343 |
| (25) "Of compulsory school age" has the same meaning as in | 33344 |
| section 3321.01 of the Revised Code. | 33345 |
| (26) "Organization" means any institution, public, | 33346 |
| semipublic, or private, and any private association, society, or | 33347 |
| agency located or operating in the state, incorporated or | 33348 |
| unincorporated, having among its functions the furnishing of | 33349 |
| protective services or care for children, or the placement of | 33350 |
| children in certified foster homes or elsewhere. | 33351 |
| (27) "Out-of-home care" means detention facilities, shelter | 33352 |
| facilities, certified children's crisis care facilities, certified | 33353 |
| foster homes, placement in a prospective adoptive home prior to | 33354 |
| the issuance of a final decree of adoption, organizations, | 33355 |
| certified organizations, child day-care centers, type A family | 33356 |
| day-care homes, child care provided by type B family day-care home | 33357 |
| providers and by in-home aides, group home providers, group homes, | 33358 |
| institutions, state institutions, residential facilities, | 33359 |
| residential care facilities, residential camps, day camps, public | 33360 |
| schools, chartered nonpublic schools, educational service centers, | 33361 |
| hospitals, and medical clinics that are responsible for the care, | 33362 |
| physical custody, or control of children. | 33363 |
| (28) "Out-of-home care child abuse" means any of the | 33364 |
| following when committed by a person responsible for the care of a | 33365 |
| child in out-of-home care: | 33366 |
| (a) Engaging in sexual activity with a child in the person's | 33367 |
| care; | 33368 |
| (b) Denial to a child, as a means of punishment, of proper or | 33369 |
| necessary subsistence, education, medical care, or other care | 33370 |
| necessary for a child's health; | 33371 |
| (c) Use of restraint procedures on a child that cause injury | 33372 |
| or pain; | 33373 |
| (d) Administration of prescription drugs or psychotropic | 33374 |
| medication to the child without the written approval and ongoing | 33375 |
| supervision of a licensed physician; | 33376 |
| (e) Commission of any act, other than by accidental means, | 33377 |
| that results in any injury to or death of the child in out-of-home | 33378 |
| care or commission of any act by accidental means that results in | 33379 |
| an injury to or death of a child in out-of-home care and that is | 33380 |
| at variance with the history given of the injury or death. | 33381 |
| (29) "Out-of-home care child neglect" means any of the | 33382 |
| following when committed by a person responsible for the care of a | 33383 |
| child in out-of-home care: | 33384 |
| (a) Failure to provide reasonable supervision according to | 33385 |
| the standards of care appropriate to the age, mental and physical | 33386 |
| condition, or other special needs of the child; | 33387 |
| (b) Failure to provide reasonable supervision according to | 33388 |
| the standards of care appropriate to the age, mental and physical | 33389 |
| condition, or other special needs of the child, that results in | 33390 |
| sexual or physical abuse of the child by any person; | 33391 |
| (c) Failure to develop a process for all of the following: | 33392 |
| (i) Administration of prescription drugs or psychotropic | 33393 |
| drugs for the child; | 33394 |
| (ii) Assuring that the instructions of the licensed physician | 33395 |
| who prescribed a drug for the child are followed; | 33396 |
| (iii) Reporting to the licensed physician who prescribed the | 33397 |
| drug all unfavorable or dangerous side effects from the use of the | 33398 |
| drug. | 33399 |
| (d) Failure to provide proper or necessary subsistence, | 33400 |
| education, medical care, or other individualized care necessary | 33401 |
| for the health or well-being of the child; | 33402 |
| (e) Confinement of the child to a locked room without | 33403 |
| monitoring by staff; | 33404 |
| (f) Failure to provide ongoing security for all prescription | 33405 |
| and nonprescription medication; | 33406 |
| (g) Isolation of a child for a period of time when there is | 33407 |
| substantial risk that the isolation, if continued, will impair or | 33408 |
| retard the mental health or physical well-being of the child. | 33409 |
| (30) "Permanent custody" means a legal status that vests in a | 33410 |
| public children services agency or a private child placing agency, | 33411 |
| all parental rights, duties, and obligations, including the right | 33412 |
| to consent to adoption, and divests the natural parents or | 33413 |
| adoptive parents of all parental rights, privileges, and | 33414 |
| obligations, including all residual rights and obligations. | 33415 |
| (31) "Permanent surrender" means the act of the parents or, | 33416 |
| if a child has only one parent, of the parent of a child, by a | 33417 |
| voluntary agreement authorized by section 5103.15 of the Revised | 33418 |
| Code, to transfer the permanent custody of the child to a public | 33419 |
| children services agency or a private child placing agency. | 33420 |
| (32) "Person" means an individual, association, corporation, | 33421 |
| or partnership and the state or any of its political subdivisions, | 33422 |
| departments, or agencies. | 33423 |
| (33) "Person responsible for a child's care in out-of-home | 33424 |
| care" means any of the following: | 33425 |
| (a) Any foster caregiver, in-home aide, or provider; | 33426 |
| (b) Any administrator, employee, or agent of any of the | 33427 |
| following: a public or private detention facility; shelter | 33428 |
| facility; certified children's crisis care facility; organization; | 33429 |
| certified organization; child day-care center; type A family | 33430 |
| day-care home; certified type B family day-care home; group home; | 33431 |
| institution; state institution; residential facility; residential | 33432 |
| care facility; residential camp; day camp; school district; | 33433 |
| community school; chartered nonpublic school; educational service | 33434 |
| center; hospital; or medical clinic; | 33435 |
| (c) Any person who supervises or coaches children as part of | 33436 |
| an extracurricular activity sponsored by a school district, public | 33437 |
| school, or chartered nonpublic school; | 33438 |
| (d) Any other person who performs a similar function with | 33439 |
| respect to, or has a similar relationship to, children. | 33440 |
| (34) "Physically impaired" means having one or more of the | 33441 |
| following conditions that substantially limit one or more of an | 33442 |
| individual's major life activities, including self-care, receptive | 33443 |
| and expressive language, learning, mobility, and self-direction: | 33444 |
| (a) A substantial impairment of vision, speech, or hearing; | 33445 |
| (b) A congenital orthopedic impairment; | 33446 |
| (c) An orthopedic impairment caused by disease, rheumatic | 33447 |
| fever or any other similar chronic or acute health problem, or | 33448 |
| amputation or another similar cause. | 33449 |
| (35) "Placement for adoption" means the arrangement by a | 33450 |
| public children services agency or a private child placing agency | 33451 |
| with a person for the care and adoption by that person of a child | 33452 |
| of whom the agency has permanent custody. | 33453 |
| (36) "Placement in foster care" means the arrangement by a | 33454 |
| public children services agency or a private child placing agency | 33455 |
| for the out-of-home care of a child of whom the agency has | 33456 |
| temporary custody or permanent custody. | 33457 |
| (37) "Planned permanent living arrangement" means an order of | 33458 |
| a juvenile court pursuant to which both of the following apply: | 33459 |
| (a) The court gives legal custody of a child to a public | 33460 |
| children services agency or a private child placing agency without | 33461 |
| the termination of parental rights. | 33462 |
| (b) The order permits the agency to make an appropriate | 33463 |
| placement of the child and to enter into a written agreement with | 33464 |
| a foster care provider or with another person or agency with whom | 33465 |
| the child is placed. | 33466 |
| (38) "Practice of social work" and "practice of professional | 33467 |
| counseling" have the same meanings as in section 4757.01 of the | 33468 |
| Revised Code. | 33469 |
| (39) "Sanction, service, or condition" means a sanction, | 33470 |
| service, or condition created by court order following an | 33471 |
| adjudication that a child is an unruly child that is described in | 33472 |
| division (A)(4) of section 2152.19 of the Revised Code. | 33473 |
| (40) "Protective supervision" means an order of disposition | 33474 |
| pursuant to which the court permits an abused, neglected, | 33475 |
| dependent, or unruly child to remain in the custody of the child's | 33476 |
| parents, guardian, or custodian and stay in the child's home, | 33477 |
| subject to any conditions and limitations upon the child, the | 33478 |
| child's parents, guardian, or custodian, or any other person that | 33479 |
| the court prescribes, including supervision as directed by the | 33480 |
| court for the protection of the child. | 33481 |
| (41) "Psychiatrist" has the same meaning as in section | 33482 |
| 5122.01 of the Revised Code. | 33483 |
| (42) "Psychologist" has the same meaning as in section | 33484 |
| 4732.01 of the Revised Code. | 33485 |
| (43) "Residential camp" means a program in which the care, | 33486 |
| physical custody, or control of children is accepted overnight for | 33487 |
| recreational or recreational and educational purposes. | 33488 |
| (44) "Residential care facility" means an institution, | 33489 |
| residence, or facility that is licensed by the department of | 33490 |
| mental health under section 5119.22 of the Revised Code and that | 33491 |
| provides care for a child. | 33492 |
| (45) "Residential facility" means a home or facility that is | 33493 |
| licensed by the department of mental retardation and developmental | 33494 |
| disabilities under section 5123.19 of the Revised Code and in | 33495 |
| which a child with a developmental disability resides. | 33496 |
| (46) "Residual parental rights, privileges, and | 33497 |
| responsibilities" means those rights, privileges, and | 33498 |
| responsibilities remaining with the natural parent after the | 33499 |
| transfer of legal custody of the child, including, but not | 33500 |
| necessarily limited to, the privilege of reasonable visitation, | 33501 |
| consent to adoption, the privilege to determine the child's | 33502 |
| religious affiliation, and the responsibility for support. | 33503 |
| (47) "School day | 33504 |
| 33505 | |
| 33506 |
| | 33507 |
| same meanings as in section 3313.62 of the Revised Code. | 33508 |
| | 33509 |
| under the direction of the department of youth services that is | 33510 |
| designed to physically restrict the movement and activities of | 33511 |
| children and used for the placement of children after adjudication | 33512 |
| and disposition. | 33513 |
| | 33514 |
| 2907.01 of the Revised Code. | 33515 |
| | 33516 |
| physically unrestricted facilities pending court adjudication or | 33517 |
| disposition. | 33518 |
| | 33519 |
| same meaning as in section 3113.33 of the Revised Code. | 33520 |
| | 33521 |
| who is removed from the child's home, which custody may be | 33522 |
| terminated at any time at the discretion of the court or, if the | 33523 |
| legal custody is granted in an agreement for temporary custody, by | 33524 |
| the person who executed the agreement. | 33525 |
| (C) For the purposes of this chapter, a child shall be | 33526 |
| presumed abandoned when the parents of the child have failed to | 33527 |
| visit or maintain contact with the child for more than ninety | 33528 |
| days, regardless of whether the parents resume contact with the | 33529 |
| child after that period of ninety days. | 33530 |
| Sec. 2301.02. The number of judges of the court of common | 33531 |
| pleas for each county, the time for the next election of the | 33532 |
| judges in the several counties, and the beginning of their terms | 33533 |
| shall be as follows: | 33534 |
| (A) In Adams, Ashland, Fayette, and Pike counties, one judge, | 33535 |
| elected in 1956, term to begin February 9, 1957; | 33536 |
| In Brown, Crawford, Defiance, Highland, Holmes, Morgan, | 33537 |
| Ottawa, and Union counties, one judge, to be elected in 1954, term | 33538 |
| to begin February 9, 1955; | 33539 |
| In Auglaize county, one judge, to be elected in 1956, term to | 33540 |
| begin January 9, 1957; | 33541 |
| In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, | 33542 |
| Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and | 33543 |
| Wyandot counties, one judge, to be elected in 1956, term to begin | 33544 |
| January 1, 1957; | 33545 |
| In Morrow county, two judges, one to be elected in 1956, term | 33546 |
| to begin January 1, 1957, and one to be elected in 2006, term to | 33547 |
| begin January 1, 2007; | 33548 |
| In Logan county, two judges, one to be elected in 1956, term | 33549 |
| to begin January 1, 1957, and one to be elected in 2004, term to | 33550 |
| begin January 2, 2005; | 33551 |
| In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble, | 33552 |
| Shelby, Van Wert, and Williams counties, one judge, to be elected | 33553 |
| in 1952, term to begin January 1, 1953; | 33554 |
| In Champaign county, two judges, one to be elected in 1952, | 33555 |
| term to begin January 1, 1953, and one to be elected in 2008, term | 33556 |
| to begin February 10, 2009. | 33557 |
| In Harrison and Noble counties, one judge, to be elected in | 33558 |
| 1954, term to begin April 18, 1955; | 33559 |
| In Henry county, two judges, one to be elected in 1956, term | 33560 |
| to begin May 9, 1957, and one to be elected in 2004, term to begin | 33561 |
| January 1, 2005; | 33562 |
| In Putnam county, one judge, to be elected in 1956, term to | 33563 |
| begin May 9, 1957; | 33564 |
| In Huron county, one judge, to be elected in 1952, term to | 33565 |
| begin May 14, 1953; | 33566 |
| In Perry county, one judge, to be elected in 1954, term to | 33567 |
| begin July 6, 1956; | 33568 |
| In Sandusky county, two judges, one to be elected in 1954, | 33569 |
| term to begin February 10, 1955, and one to be elected in 1978, | 33570 |
| term to begin January 1, 1979; | 33571 |
| (B) In Allen county, three judges, one to be elected in 1956, | 33572 |
| term to begin February 9, 1957, the second to be elected in 1958, | 33573 |
| term to begin January 1, 1959, and the third to be elected in | 33574 |
| 1992, term to begin January 1, 1993; | 33575 |
| In Ashtabula county, three judges, one to be elected in 1954, | 33576 |
| term to begin February 9, 1955, one to be elected in 1960, term to | 33577 |
| begin January 1, 1961, and one to be elected in 1978, term to | 33578 |
| begin January 2, 1979; | 33579 |
| In Athens county, two judges, one to be elected in 1954, term | 33580 |
| to begin February 9, 1955, and one to be elected in 1990, term to | 33581 |
| begin July 1, 1991; | 33582 |
| In Erie county, four judges, one to be elected in 1956, term | 33583 |
| to begin January 1, 1957, the second to be elected in 1970, term | 33584 |
| to begin January 2, 1971, the third to be elected in 2004, term to | 33585 |
| begin January 2, 2005, and the fourth to be elected in 2008, term | 33586 |
| to begin February 9, 2009; | 33587 |
| In Fairfield county, three judges, one to be elected in 1954, | 33588 |
| term to begin February 9, 1955, the second to be elected in 1970, | 33589 |
| term to begin January 1, 1971, and the third to be elected in | 33590 |
| 1994, term to begin January 2, 1995; | 33591 |
| In Geauga county, two judges, one to be elected in 1956, term | 33592 |
| to begin January 1, 1957, and the second to be elected in 1976, | 33593 |
| term to begin January 6, 1977; | 33594 |
| In Greene county, four judges, one to be elected in 1956, | 33595 |
| term to begin February 9, 1957, the second to be elected in 1960, | 33596 |
| term to begin January 1, 1961, the third to be elected in 1978, | 33597 |
| term to begin January 2, 1979, and the fourth to be elected in | 33598 |
| 1994, term to begin January 1, 1995; | 33599 |
| In Hancock county, two judges, one to be elected in 1952, | 33600 |
| term to begin January 1, 1953, and the second to be elected in | 33601 |
| 1978, term to begin January 1, 1979; | 33602 |
| In Lawrence county, two judges, one to be elected in 1954, | 33603 |
| term to begin February 9, 1955, and the second to be elected in | 33604 |
| 1976, term to begin January 1, 1977; | 33605 |
| In Marion county, three judges, one to be elected in 1952, | 33606 |
| term to begin January 1, 1953, the second to be elected in 1976, | 33607 |
| term to begin January 2, 1977, and the third to be elected in | 33608 |
| 1998, term to begin February 9, 1999; | 33609 |
| In Medina county, three judges, one to be elected in 1956, | 33610 |
| term to begin January 1, 1957, the second to be elected in 1966, | 33611 |
| term to begin January 1, 1967, and the third to be elected in | 33612 |
| 1994, term to begin January 1, 1995; | 33613 |
| In Miami county, two judges, one to be elected in 1954, term | 33614 |
| to begin February 9, 1955, and one to be elected in 1970, term to | 33615 |
| begin on January 1, 1971; | 33616 |
| In Muskingum county, three judges, one to be elected in 1968, | 33617 |
| term to begin August 9, 1969, one to be elected in 1978, term to | 33618 |
| begin January 1, 1979, and one to be elected in 2002, term to | 33619 |
| begin January 2, 2003; | 33620 |
| In Portage county, three judges, one to be elected in 1956, | 33621 |
| term to begin January 1, 1957, the second to be elected in 1960, | 33622 |
| term to begin January 1, 1961, and the third to be elected in | 33623 |
| 1986, term to begin January 2, 1987; | 33624 |
| In Ross county, two judges, one to be elected in 1956, term | 33625 |
| to begin February 9, 1957, and the second to be elected in 1976, | 33626 |
| term to begin January 1, 1977; | 33627 |
| In Scioto county, three judges, one to be elected in 1954, | 33628 |
| term to begin February 10, 1955, the second to be elected in 1960, | 33629 |
| term to begin January 1, 1961, and the third to be elected in | 33630 |
| 1994, term to begin January 2, 1995; | 33631 |
| In Seneca county, two judges, one to be elected in 1956, term | 33632 |
| to begin January 1, 1957, and the second to be elected in 1986, | 33633 |
| term to begin January 2, 1987; | 33634 |
| In Warren county, four judges, one to be elected in 1954, | 33635 |
| term to begin February 9, 1955, the second to be elected in 1970, | 33636 |
| term to begin January 1, 1971, the third to be elected in 1986, | 33637 |
| term to begin January 1, 1987, and the fourth to be elected in | 33638 |
| 2004, term to begin January 2, 2005; | 33639 |
| In Washington county, two judges, one to be elected in 1952, | 33640 |
| term to begin January 1, 1953, and one to be elected in 1986, term | 33641 |
| to begin January 1, 1987; | 33642 |
| In Wood county, three judges, one to be elected in 1968, term | 33643 |
| beginning January 1, 1969, the second to be elected in 1970, term | 33644 |
| to begin January 2, 1971, and the third to be elected in 1990, | 33645 |
| term to begin January 1, 1991; | 33646 |
| In Belmont and Jefferson counties, two judges, to be elected | 33647 |
| in 1954, terms to begin January 1, 1955, and February 9, 1955, | 33648 |
| respectively; | 33649 |
| In Clark county, four judges, one to be elected in 1952, term | 33650 |
| to begin January 1, 1953, the second to be elected in 1956, term | 33651 |
| to begin January 2, 1957, the third to be elected in 1986, term to | 33652 |
| begin January 3, 1987, and the fourth to be elected in 1994, term | 33653 |
| to begin January 2, 1995. | 33654 |
| In Clermont county, five judges, one to be elected in 1956, | 33655 |
| term to begin January 1, 1957, the second to be elected in 1964, | 33656 |
| term to begin January 1, 1965, the third to be elected in 1982, | 33657 |
| term to begin January 2, 1983, the fourth to be elected in 1986, | 33658 |
| term to begin January 2, 1987; and the fifth to be elected in | 33659 |
| 2006, term to begin January 3, 2007; | 33660 |
| In Columbiana county, two judges, one to be elected in 1952, | 33661 |
| term to begin January 1, 1953, and the second to be elected in | 33662 |
| 1956, term to begin January 1, 1957; | 33663 |
| In Delaware county, two judges, one to be elected in 1990, | 33664 |
| term to begin February 9, 1991, the second to be elected in 1994, | 33665 |
| term to begin January 1, 1995; | 33666 |
| In Lake county, six judges, one to be elected in 1958, term | 33667 |
| to begin January 1, 1959, the second to be elected in 1960, term | 33668 |
| to begin January 2, 1961, the third to be elected in 1964, term to | 33669 |
| begin January 3, 1965, the fourth and fifth to be elected in 1978, | 33670 |
| terms to begin January 4, 1979, and January 5, 1979, respectively, | 33671 |
| and the sixth to be elected in 2000, term to begin January 6, | 33672 |
| 2001; | 33673 |
| In Licking county, four judges, one to be elected in 1954, | 33674 |
| term to begin February 9, 1955, one to be elected in 1964, term to | 33675 |
| begin January 1, 1965, one to be elected in 1990, term to begin | 33676 |
| January 1, 1991, and one to be elected in 2004, term to begin | 33677 |
| January 1, 2005; | 33678 |
| In Lorain county, | 33679 |
| terms to begin January 1, 1953, and January 2, 1953, respectively, | 33680 |
| one to be elected in 1958, term to begin January 3, 1959, one to | 33681 |
| be elected in 1968, term to begin January 1, 1969, two to be | 33682 |
| elected in 1988, terms to begin January 4, 1989, and January 5, | 33683 |
| 1989, respectively, two to be elected in 1998, terms to begin | 33684 |
| January 2, 1999, and January 3, 1999, respectively; and one to be | 33685 |
|
elected in 2006, term to begin January 6, 2007; | 33686 |
| 33687 | |
| 33688 |
| In Butler county, eleven judges, one to be elected in 1956, | 33689 |
| term to begin January 1, 1957; two to be elected in 1954, terms to | 33690 |
| begin January 1, 1955, and February 9, 1955, respectively; one to | 33691 |
| be elected in 1968, term to begin January 2, 1969; one to be | 33692 |
| elected in 1986, term to begin January 3, 1987; two to be elected | 33693 |
| in 1988, terms to begin January 1, 1989, and January 2, 1989, | 33694 |
| respectively; one to be elected in 1992, term to begin January 4, | 33695 |
| 1993; two to be elected in 2002, terms to begin January 2, 2003, | 33696 |
| and January 3, 2003, respectively; and one to be elected in 2006, | 33697 |
| term to begin January 3, 2007; | 33698 |
| In Richland county, four judges, one to be elected in 1956, | 33699 |
| term to begin January 1, 1957, the second to be elected in 1960, | 33700 |
| term to begin February 9, 1961, the third to be elected in 1968, | 33701 |
| term to begin January 2, 1969, and the fourth to be elected in | 33702 |
| 2004, term to begin January 3, 2005; | 33703 |
| In Tuscarawas county, two judges, one to be elected in 1956, | 33704 |
| term to begin January 1, 1957, and the second to be elected in | 33705 |
| 1960, term to begin January 2, 1961; | 33706 |
| In Wayne county, two judges, one to be elected in 1956, term | 33707 |
| beginning January 1, 1957, and one to be elected in 1968, term to | 33708 |
| begin January 2, 1969; | 33709 |
| In Trumbull county, six judges, one to be elected in 1952, | 33710 |
| term to begin January 1, 1953, the second to be elected in 1954, | 33711 |
| term to begin January 1, 1955, the third to be elected in 1956, | 33712 |
| term to begin January 1, 1957, the fourth to be elected in 1964, | 33713 |
| term to begin January 1, 1965, the fifth to be elected in 1976, | 33714 |
| term to begin January 2, 1977, and the sixth to be elected in | 33715 |
| 1994, term to begin January 3, 1995; | 33716 |
| (C) In Cuyahoga county, thirty-nine judges; eight to be | 33717 |
| elected in 1954, terms to begin on successive days beginning from | 33718 |
| January 1, 1955, to January 7, 1955, and February 9, 1955, | 33719 |
| respectively; eight to be elected in 1956, terms to begin on | 33720 |
| successive days beginning from January 1, 1957, to January 8, | 33721 |
| 1957; three to be elected in 1952, terms to begin from January 1, | 33722 |
| 1953, to January 3, 1953; two to be elected in 1960, terms to | 33723 |
| begin on January 8, 1961, and January 9, 1961, respectively; two | 33724 |
| to be elected in 1964, terms to begin January 4, 1965, and January | 33725 |
| 5, 1965, respectively; one to be elected in 1966, term to begin on | 33726 |
| January 10, 1967; four to be elected in 1968, terms to begin on | 33727 |
| successive days beginning from January 9, 1969, to January 12, | 33728 |
| 1969; two to be elected in 1974, terms to begin on January 18, | 33729 |
| 1975, and January 19, 1975, respectively; five to be elected in | 33730 |
| 1976, terms to begin on successive days beginning January 6, 1977, | 33731 |
| to January 10, 1977; two to be elected in 1982, terms to begin | 33732 |
| January 11, 1983, and January 12, 1983, respectively; and two to | 33733 |
| be elected in 1986, terms to begin January 13, 1987, and January | 33734 |
| 14, 1987, respectively; | 33735 |
| In Franklin county, twenty-two judges; two to be elected in | 33736 |
| 1954, terms to begin January 1, 1955, and February 9, 1955, | 33737 |
| respectively; four to be elected in 1956, terms to begin January | 33738 |
| 1, 1957, to January 4, 1957; four to be elected in 1958, terms to | 33739 |
| begin January 1, 1959, to January 4, 1959; three to be elected in | 33740 |
| 1968, terms to begin January 5, 1969, to January 7, 1969; three to | 33741 |
| be elected in 1976, terms to begin on successive days beginning | 33742 |
| January 5, 1977, to January 7, 1977; one to be elected in 1982, | 33743 |
| term to begin January 8, 1983; one to be elected in 1986, term to | 33744 |
| begin January 9, 1987; two to be elected in 1990, terms to begin | 33745 |
| July 1, 1991, and July 2, 1991, respectively; one to be elected in | 33746 |
| 1996, term to begin January 2, 1997; and one to be elected in | 33747 |
| 2004, term to begin July 1, 2005; | 33748 |
| In Hamilton county, twenty-one judges; eight to be elected in | 33749 |
| 1966, terms to begin January 1, 1967, January 2, 1967, and from | 33750 |
| February 9, 1967, to February 14, 1967, respectively; five to be | 33751 |
| elected in 1956, terms to begin from January 1, 1957, to January | 33752 |
| 5, 1957; one to be elected in 1964, term to begin January 1, 1965; | 33753 |
| one to be elected in 1974, term to begin January 15, 1975; one to | 33754 |
| be elected in 1980, term to begin January 16, 1981; two to be | 33755 |
| elected at large in the general election in 1982, terms to begin | 33756 |
| April 1, 1983; one to be elected in 1990, term to begin July 1, | 33757 |
| 1991; and two to be elected in 1996, terms to begin January 3, | 33758 |
| 1997, and January 4, 1997, respectively; | 33759 |
| In Lucas county, fourteen judges; two to be elected in 1954, | 33760 |
| terms to begin January 1, 1955, and February 9, 1955, | 33761 |
| respectively; two to be elected in 1956, terms to begin January 1, | 33762 |
| 1957, and October 29, 1957, respectively; two to be elected in | 33763 |
| 1952, terms to begin January 1, 1953, and January 2, 1953, | 33764 |
| respectively; one to be elected in 1964, term to begin January 3, | 33765 |
| 1965; one to be elected in 1968, term to begin January 4, 1969; | 33766 |
| two to be elected in 1976, terms to begin January 4, 1977, and | 33767 |
| January 5, 1977, respectively; one to be elected in 1982, term to | 33768 |
| begin January 6, 1983; one to be elected in 1988, term to begin | 33769 |
| January 7, 1989; one to be elected in 1990, term to begin January | 33770 |
| 2, 1991; and one to be elected in 1992, term to begin January 2, | 33771 |
| 1993; | 33772 |
| In Mahoning county, seven judges; three to be elected in | 33773 |
| 1954, terms to begin January 1, 1955, January 2, 1955, and | 33774 |
| February 9, 1955, respectively; one to be elected in 1956, term to | 33775 |
| begin January 1, 1957; one to be elected in 1952, term to begin | 33776 |
| January 1, 1953; one to be elected in 1968, term to begin January | 33777 |
| 2, 1969; and one to be elected in 1990, term to begin July 1, | 33778 |
| 1991; | 33779 |
| In Montgomery county, fifteen judges; three to be elected in | 33780 |
| 1954, terms to begin January 1, 1955, January 2, 1955, and January | 33781 |
| 3, 1955, respectively; four to be elected in 1952, terms to begin | 33782 |
| January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953, | 33783 |
| respectively; one to be elected in 1964, term to begin January 3, | 33784 |
| 1965; one to be elected in 1968, term to begin January 3, 1969; | 33785 |
| three to be elected in 1976, terms to begin on successive days | 33786 |
| beginning January 4, 1977, to January 6, 1977; two to be elected | 33787 |
| in 1990, terms to begin July 1, 1991, and July 2, 1991, | 33788 |
| respectively; and one to be elected in 1992, term to begin January | 33789 |
| 1, 1993. | 33790 |
| In Stark county, eight judges; one to be elected in 1958, | 33791 |
| term to begin on January 2, 1959; two to be elected in 1954, terms | 33792 |
| to begin on January 1, 1955, and February 9, 1955, respectively; | 33793 |
| two to be elected in 1952, terms to begin January 1, 1953, and | 33794 |
| April 16, 1953, respectively; one to be elected in 1966, term to | 33795 |
| begin on January 4, 1967; and two to be elected in 1992, terms to | 33796 |
| begin January 1, 1993, and January 2, 1993, respectively; | 33797 |
| In Summit county, thirteen judges; four to be elected in | 33798 |
| 1954, terms to begin January 1, 1955, January 2, 1955, January 3, | 33799 |
| 1955, and February 9, 1955, respectively; three to be elected in | 33800 |
| 1958, terms to begin January 1, 1959, January 2, 1959, and May 17, | 33801 |
| 1959, respectively; one to be elected in 1966, term to begin | 33802 |
| January 4, 1967; one to be elected in 1968, term to begin January | 33803 |
| 5, 1969; one to be elected in 1990, term to begin May 1, 1991; one | 33804 |
| to be elected in 1992, term to begin January 6, 1993; and two to | 33805 |
| be elected in 2008, terms to begin January 5, 2009, and January 6, | 33806 |
| 2009, respectively. | 33807 |
| Notwithstanding the foregoing provisions, in any county | 33808 |
| having two or more judges of the court of common pleas, in which | 33809 |
| more than one-third of the judges plus one were previously elected | 33810 |
| at the same election, if the office of one of those judges so | 33811 |
| elected becomes vacant more than forty days prior to the second | 33812 |
| general election preceding the expiration of that judge's term, | 33813 |
| the office that that judge had filled shall be abolished as of the | 33814 |
| date of the next general election, and a new office of judge of | 33815 |
| the court of common pleas shall be created. The judge who is to | 33816 |
| fill that new office shall be elected for a six-year term at the | 33817 |
| next general election, and the term of that judge shall commence | 33818 |
| on the first day of the year following that general election, on | 33819 |
| which day no other judge's term begins, so that the number of | 33820 |
| judges that the county shall elect shall not be reduced. | 33821 |
| Judges of the probate division of the court of common pleas | 33822 |
| are judges of the court of common pleas but shall be elected | 33823 |
| pursuant to sections 2101.02 and 2101.021 of the Revised Code, | 33824 |
| except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot | 33825 |
| counties in which the judge of the court of common pleas elected | 33826 |
| pursuant to this section also shall serve as judge of the probate | 33827 |
| division, except in Lorain county in which the judges of the | 33828 |
| domestic relations division of the Lorain county court of common | 33829 |
| pleas elected pursuant to this section also shall perform the | 33830 |
| duties and functions of the judge of the probate division from | 33831 |
| February 9, 2009, through September 28, 2009, and except in | 33832 |
| Morrow county in which the judges of the court of common pleas | 33833 |
| elected pursuant to this section also shall perform the duties | 33834 |
| and functions of the judge of the probate division. | 33835 |
| Sec. 2301.03. (A) In Franklin county, the judges of the | 33836 |
| court of common pleas whose terms begin on January 1, 1953, | 33837 |
| January 2, 1953, January 5, 1969, January 5, 1977, and January 2, | 33838 |
| 1997, and successors, shall have the same qualifications, exercise | 33839 |
| the same powers and jurisdiction, and receive the same | 33840 |
| compensation as other judges of the court of common pleas of | 33841 |
| Franklin county and shall be elected and designated as judges of | 33842 |
| the court of common pleas, division of domestic relations. They | 33843 |
| shall have all the powers relating to juvenile courts, and all | 33844 |
| cases under Chapters 2151. and 2152. of the Revised Code, all | 33845 |
| parentage proceedings under Chapter 3111. of the Revised Code over | 33846 |
| which the juvenile court has jurisdiction, and all divorce, | 33847 |
| dissolution of marriage, legal separation, and annulment cases | 33848 |
| shall be assigned to them. In addition to the judge's regular | 33849 |
| duties, the judge who is senior in point of service shall serve on | 33850 |
| the children services board and the county advisory board and | 33851 |
| shall be the administrator of the domestic relations division and | 33852 |
| its subdivisions and departments. | 33853 |
| (B) In Hamilton county: | 33854 |
| (1) The judge of the court of common pleas, whose term begins | 33855 |
| on January 1, 1957, and successors, and the judge of the court of | 33856 |
| common pleas, whose term begins on February 14, 1967, and | 33857 |
| successors, shall be the juvenile judges as provided in Chapters | 33858 |
| 2151. and 2152. of the Revised Code, with the powers and | 33859 |
| jurisdiction conferred by those chapters. | 33860 |
| (2) The judges of the court of common pleas whose terms begin | 33861 |
| on January 5, 1957, January 16, 1981, and July 1, 1991, and | 33862 |
| successors, shall be elected and designated as judges of the court | 33863 |
| of common pleas, division of domestic relations, and shall have | 33864 |
| assigned to them all divorce, dissolution of marriage, legal | 33865 |
| separation, and annulment cases coming before the court. On or | 33866 |
| after the first day of July and before the first day of August of | 33867 |
| 1991 and each year thereafter, a majority of the judges of the | 33868 |
| division of domestic relations shall elect one of the judges of | 33869 |
| the division as administrative judge of that division. If a | 33870 |
| majority of the judges of the division of domestic relations are | 33871 |
| unable for any reason to elect an administrative judge for the | 33872 |
| division before the first day of August, a majority of the judges | 33873 |
| of the Hamilton county court of common pleas, as soon as possible | 33874 |
| after that date, shall elect one of the judges of the division of | 33875 |
| domestic relations as administrative judge of that division. The | 33876 |
| term of the administrative judge shall begin on the earlier of the | 33877 |
| first day of August of the year in which the administrative judge | 33878 |
| is elected or the date on which the administrative judge is | 33879 |
| elected by a majority of the judges of the Hamilton county court | 33880 |
| of common pleas and shall terminate on the date on which the | 33881 |
| administrative judge's successor is elected in the following year. | 33882 |
| In addition to the judge's regular duties, the administrative | 33883 |
| judge of the division of domestic relations shall be the | 33884 |
| administrator of the domestic relations division and its | 33885 |
| subdivisions and departments and shall have charge of the | 33886 |
| employment, assignment, and supervision of the personnel of the | 33887 |
| division engaged in handling, servicing, or investigating divorce, | 33888 |
| dissolution of marriage, legal separation, and annulment cases, | 33889 |
| including any referees considered necessary by the judges in the | 33890 |
| discharge of their various duties. | 33891 |
| The administrative judge of the division of domestic | 33892 |
| relations also shall designate the title, compensation, expense | 33893 |
| allowances, hours, leaves of absence, and vacations of the | 33894 |
| personnel of the division, and shall fix the duties of its | 33895 |
| personnel. The duties of the personnel, in addition to those | 33896 |
| provided for in other sections of the Revised Code, shall include | 33897 |
| the handling, servicing, and investigation of divorce, dissolution | 33898 |
| of marriage, legal separation, and annulment cases and counseling | 33899 |
| and conciliation services that may be made available to persons | 33900 |
| requesting them, whether or not the persons are parties to an | 33901 |
| action pending in the division. | 33902 |
| The board of county commissioners shall appropriate the sum | 33903 |
| of money each year as will meet all the administrative expenses of | 33904 |
| the division of domestic relations, including reasonable expenses | 33905 |
| of the domestic relations judges and the division counselors and | 33906 |
| other employees designated to conduct the handling, servicing, and | 33907 |
| investigation of divorce, dissolution of marriage, legal | 33908 |
| separation, and annulment cases, conciliation and counseling, and | 33909 |
| all matters relating to those cases and counseling, and the | 33910 |
| expenses involved in the attendance of division personnel at | 33911 |
| domestic relations and welfare conferences designated by the | 33912 |
| division, and the further sum each year as will provide for the | 33913 |
| adequate operation of the division of domestic relations. | 33914 |
| The compensation and expenses of all employees and the salary | 33915 |
| and expenses of the judges shall be paid by the county treasurer | 33916 |
| from the money appropriated for the operation of the division, | 33917 |
| upon the warrant of the county auditor, certified to by the | 33918 |
| administrative judge of the division of domestic relations. | 33919 |
| The summonses, warrants, citations, subpoenas, and other | 33920 |
| writs of the division may issue to a bailiff, constable, or staff | 33921 |
| investigator of the division or to the sheriff of any county or | 33922 |
| any marshal, constable, or police officer, and the provisions of | 33923 |
| law relating to the subpoenaing of witnesses in other cases shall | 33924 |
| apply insofar as they are applicable. When a summons, warrant, | 33925 |
| citation, subpoena, or other writ is issued to an officer, other | 33926 |
| than a bailiff, constable, or staff investigator of the division, | 33927 |
| the expense of serving it shall be assessed as a part of the costs | 33928 |
| in the case involved. | 33929 |
| (3) The judge of the court of common pleas of Hamilton county | 33930 |
| whose term begins on January 3, 1997, and the successors to that | 33931 |
| judge shall each be elected and designated as the drug court | 33932 |
| judge of the court of common pleas of Hamilton county. The drug | 33933 |
| court judge may accept or reject any case referred to the drug | 33934 |
| court judge under division (B)(3) of this section. After the drug | 33935 |
| court judge accepts a referred case, the drug court judge has | 33936 |
| full authority over the case, including the authority to conduct | 33937 |
| arraignment, accept pleas, enter findings and dispositions, | 33938 |
| conduct trials, order treatment, and if treatment is not | 33939 |
| successfully completed pronounce and enter sentence. | 33940 |
| A judge of the general division of the court of common pleas | 33941 |
| of Hamilton county and a judge of the Hamilton county municipal | 33942 |
| court may refer to the drug court judge any case, and any | 33943 |
| companion cases, the judge determines meet the criteria described | 33944 |
| under divisions (B)(3)(a) and (b) of this section. If the drug | 33945 |
| court judge accepts referral of a referred case, the case, and any | 33946 |
| companion cases, shall be transferred to the drug court judge. A | 33947 |
| judge may refer a case meeting the criteria described in divisions | 33948 |
| (B)(3)(a) and (b) of this section that involves a violation of a | 33949 |
| condition of a community control sanction to the drug court judge, | 33950 |
| and, if the drug court judge accepts the referral, the referring | 33951 |
| judge and the drug court judge have concurrent jurisdiction over | 33952 |
| the case. | 33953 |
| A judge of the general division of the court of common pleas | 33954 |
| of Hamilton county and a judge of the Hamilton county municipal | 33955 |
| court may refer a case to the drug court judge under division | 33956 |
| (B)(3) of this section if the judge determines that both of the | 33957 |
| following apply: | 33958 |
| (a) One of the following applies: | 33959 |
| (i) The case involves a drug abuse offense, as defined in | 33960 |
| section 2925.01 of the Revised Code, that is a felony of the third | 33961 |
| or fourth degree if the offense is committed prior to July 1, | 33962 |
| 1996, a felony of the third, fourth, or fifth degree if the | 33963 |
| offense is committed on or after July 1, 1996, or a misdemeanor. | 33964 |
| (ii) The case involves a theft offense, as defined in section | 33965 |
| 2913.01 of the Revised Code, that is a felony of the third or | 33966 |
| fourth degree if the offense is committed prior to July 1, 1996, a | 33967 |
| felony of the third, fourth, or fifth degree if the offense is | 33968 |
| committed on or after July 1, 1996, or a misdemeanor, and the | 33969 |
| defendant is drug or alcohol dependent or in danger of becoming | 33970 |
| drug or alcohol dependent and would benefit from treatment. | 33971 |
| (b) All of the following apply: | 33972 |
| (i) The case involves an offense for which a community | 33973 |
| control sanction may be imposed or is a case in which a mandatory | 33974 |
| prison term or a mandatory jail term is not required to be | 33975 |
| imposed. | 33976 |
| (ii) The defendant has no history of violent behavior. | 33977 |
| (iii) The defendant has no history of mental illness. | 33978 |
| (iv) The defendant's current or past behavior, or both, is | 33979 |
| drug or alcohol driven. | 33980 |
| (v) The defendant demonstrates a sincere willingness to | 33981 |
| participate in a fifteen-month treatment process. | 33982 |
| (vi) The defendant has no acute health condition. | 33983 |
| (vii) If the defendant is incarcerated, the county prosecutor | 33984 |
| approves of the referral. | 33985 |
| (4) If the administrative judge of the court of common pleas | 33986 |
| of Hamilton county determines that the volume of cases pending | 33987 |
| before the drug court judge does not constitute a sufficient | 33988 |
| caseload for the drug court judge, the administrative judge, in | 33989 |
| accordance with the Rules of Superintendence for Courts of Common | 33990 |
| Pleas, shall assign individual cases to the drug court judge from | 33991 |
| the general docket of the court. If the assignments so occur, the | 33992 |
| administrative judge shall cease the assignments when the | 33993 |
| administrative judge determines that the volume of cases pending | 33994 |
| before the drug court judge constitutes a sufficient caseload for | 33995 |
| the drug court judge. | 33996 |
| (5) As used in division (B) of this section, "community | 33997 |
| control sanction," "mandatory prison term," and "mandatory jail | 33998 |
| term" have the same meanings as in section 2929.01 of the Revised | 33999 |
| Code. | 34000 |
| (C)(1) In Lorain county: | 34001 |
| (a) The judges of the court of common pleas whose terms begin | 34002 |
|
on January 3, 1959, January 4, 1989, and
January 2, 1999, | 34003 |
| 34004 | |
| common pleas whose term begins on February 9, 2009, shall have the | 34005 |
| same qualifications, exercise the same powers and jurisdiction, | 34006 |
| and receive the same compensation as the other judges of the court | 34007 |
| of common pleas of Lorain county and shall be elected and | 34008 |
| designated as the judges of the court of common pleas, division of | 34009 |
|
domestic
relations. | 34010 |
| whose terms begin on January 3, 1959, January 4, 1989, and January | 34011 |
| 2, 1999, and successors, shall have all of the powers relating to | 34012 |
| juvenile courts, and all cases under Chapters 2151. and 2152. of | 34013 |
| the Revised Code, all parentage proceedings over which the | 34014 |
| juvenile court has jurisdiction, and all divorce, dissolution of | 34015 |
| marriage, legal separation, and annulment cases shall be assigned | 34016 |
| to them, except cases that for some special reason are assigned to | 34017 |
| some other judge of the court of common pleas. From February 9, | 34018 |
| 2009, through September 28, 2009, the judge of the court of common | 34019 |
| pleas whose term begins on February 9, 2009, shall have all the | 34020 |
| powers relating to juvenile courts, and cases under Chapters 2151. | 34021 |
| and 2152. of the Revised Code, parentage proceedings over which | 34022 |
| the juvenile court has jurisdiction, and divorce, dissolution of | 34023 |
| marriage, legal separation, and annulment cases shall be assigned | 34024 |
| to that judge, except cases that for some special reason are | 34025 |
| assigned to some other judge of the court of common pleas. | 34026 |
| (b) | 34027 |
| 2009, the judges of the court of common pleas, division of | 34028 |
| domestic relations, in addition to the powers and jurisdiction | 34029 |
| set forth in division (C)(1)(a) of this section, shall have | 34030 |
| jurisdiction over matters that are within the jurisdiction of the | 34031 |
| probate court under Chapter 2101. and other provisions of the | 34032 |
|
Revised Code. | 34033 |
| 34034 | |
| 34035 | |
| 34036 |
| (c) The judge of the court of common pleas, division of | 34037 |
| domestic relations, whose term begins on February 9, 2009, is the | 34038 |
| successor to the probate judge who was elected in 2002 for a term | 34039 |
| that began on February 9, 2003. After September 28, 2009, the | 34040 |
| judge of the court of common pleas, division of domestic | 34041 |
| relations, whose term begins on February 9, 2009, shall be the | 34042 |
| probate judge. | 34043 |
|
(2)(a) | 34044 |
| 34045 | |
| 34046 | |
| 34047 | |
| 34048 | |
| 34049 | |
| 34050 | |
| February 9, 2009, through September 28, 2009, with respect to | 34051 |
| Lorain county, all references in law to the probate court shall | 34052 |
| be construed as references to the court of common pleas, | 34053 |
| division of domestic relations, and all references to the | 34054 |
| probate judge shall be construed as references to the judges of | 34055 |
| the court of common pleas, division of domestic relations. | 34056 |
|
(b) | 34057 |
| 2009, with respect to Lorain county, all references in law to the | 34058 |
| clerk of the probate court shall be construed as references to | 34059 |
| the judge who is serving pursuant to Rule 4 of the Rules of | 34060 |
| Superintendence for the Courts of Ohio as the administrative | 34061 |
| judge of the court of common pleas, division of domestic | 34062 |
| relations. | 34063 |
| (D) In Lucas county: | 34064 |
| (1) The judges of the court of common pleas whose terms begin | 34065 |
| on January 1, 1955, and January 3, 1965, and successors, shall | 34066 |
| have the same qualifications, exercise the same powers and | 34067 |
| jurisdiction, and receive the same compensation as other judges of | 34068 |
| the court of common pleas of Lucas county and shall be elected and | 34069 |
| designated as judges of the court of common pleas, division of | 34070 |
| domestic relations. All divorce, dissolution of marriage, legal | 34071 |
| separation, and annulment cases shall be assigned to them. | 34072 |
| The judge of the division of domestic relations, senior in | 34073 |
| point of service, shall be considered as the presiding judge of | 34074 |
| the court of common pleas, division of domestic relations, and | 34075 |
| shall be charged exclusively with the assignment and division of | 34076 |
| the work of the division and the employment and supervision of all | 34077 |
| other personnel of the domestic relations division. | 34078 |
| (2) The judges of the court of common pleas whose terms begin | 34079 |
| on January 5, 1977, and January 2, 1991, and successors shall have | 34080 |
| the same qualifications, exercise the same powers and | 34081 |
| jurisdiction, and receive the same compensation as other judges of | 34082 |
| the court of common pleas of Lucas county, shall be elected and | 34083 |
| designated as judges of the court of common pleas, juvenile | 34084 |
| division, and shall be the juvenile judges as provided in Chapters | 34085 |
| 2151. and 2152. of the Revised Code with the powers and | 34086 |
| jurisdictions conferred by those chapters. In addition to the | 34087 |
| judge's regular duties, the judge of the court of common pleas, | 34088 |
| juvenile division, senior in point of service, shall be the | 34089 |
| administrator of the juvenile division and its subdivisions and | 34090 |
| departments and shall have charge of the employment, assignment, | 34091 |
| and supervision of the personnel of the division engaged in | 34092 |
| handling, servicing, or investigating juvenile cases, including | 34093 |
| any referees considered necessary by the judges of the division in | 34094 |
| the discharge of their various duties. | 34095 |
| The judge of the court of common pleas, juvenile division, | 34096 |
| senior in point of service, also shall designate the title, | 34097 |
| compensation, expense allowance, hours, leaves of absence, and | 34098 |
| vacation of the personnel of the division and shall fix the duties | 34099 |
| of the personnel of the division. The duties of the personnel, in | 34100 |
| addition to other statutory duties include the handling, | 34101 |
| servicing, and investigation of juvenile cases and counseling and | 34102 |
| conciliation services that may be made available to persons | 34103 |
| requesting them, whether or not the persons are parties to an | 34104 |
| action pending in the division. | 34105 |
| (3) If one of the judges of the court of common pleas, | 34106 |
| division of domestic relations, or one of the judges of the | 34107 |
| juvenile division is sick, absent, or unable to perform that | 34108 |
| judge's judicial duties or the volume of cases pending in that | 34109 |
| judge's division necessitates it, the duties shall be performed by | 34110 |
| the judges of the other of those divisions. | 34111 |
| (E) In Mahoning county: | 34112 |
| (1) The judge of the court of common pleas whose term began | 34113 |
| on January 1, 1955, and successors, shall have the same | 34114 |
| qualifications, exercise the same powers and jurisdiction, and | 34115 |
| receive the same compensation as other judges of the court of | 34116 |
| common pleas of Mahoning county, shall be elected and designated | 34117 |
| as judge of the court of common pleas, division of domestic | 34118 |
| relations, and shall be assigned all the divorce, dissolution of | 34119 |
| marriage, legal separation, and annulment cases coming before the | 34120 |
| court. In addition to the judge's regular duties, the judge of the | 34121 |
| court of common pleas, division of domestic relations, shall be | 34122 |
| the administrator of the domestic relations division and its | 34123 |
| subdivisions and departments and shall have charge of the | 34124 |
| employment, assignment, and supervision of the personnel of the | 34125 |
| division engaged in handling, servicing, or investigating divorce, | 34126 |
| dissolution of marriage, legal separation, and annulment cases, | 34127 |
| including any referees considered necessary in the discharge of | 34128 |
| the various duties of the judge's office. | 34129 |
| The judge also shall designate the title, compensation, | 34130 |
| expense allowances, hours, leaves of absence, and vacations of the | 34131 |
| personnel of the division and shall fix the duties of the | 34132 |
| personnel of the division. The duties of the personnel, in | 34133 |
| addition to other statutory duties, include the handling, | 34134 |
| servicing, and investigation of divorce, dissolution of marriage, | 34135 |
| legal separation, and annulment cases and counseling and | 34136 |
| conciliation services that may be made available to persons | 34137 |
| requesting them, whether or not the persons are parties to an | 34138 |
| action pending in the division. | 34139 |
| (2) The judge of the court of common pleas whose term began | 34140 |
| on January 2, 1969, and successors, shall have the same | 34141 |
| qualifications, exercise the same powers and jurisdiction, and | 34142 |
| receive the same compensation as other judges of the court of | 34143 |
| common pleas of Mahoning county, shall be elected and designated | 34144 |
| as judge of the court of common pleas, juvenile division, and | 34145 |
| shall be the juvenile judge as provided in Chapters 2151. and | 34146 |
| 2152. of the Revised Code, with the powers and jurisdictions | 34147 |
| conferred by those chapters. In addition to the judge's regular | 34148 |
| duties, the judge of the court of common pleas, juvenile division, | 34149 |
| shall be the administrator of the juvenile division and its | 34150 |
| subdivisions and departments and shall have charge of the | 34151 |
| employment, assignment, and supervision of the personnel of the | 34152 |
| division engaged in handling, servicing, or investigating juvenile | 34153 |
| cases, including any referees considered necessary by the judge in | 34154 |
| the discharge of the judge's various duties. | 34155 |
| The judge also shall designate the title, compensation, | 34156 |
| expense allowances, hours, leaves of absence, and vacation of the | 34157 |
| personnel of the division and shall fix the duties of the | 34158 |
| personnel of the division. The duties of the personnel, in | 34159 |
| addition to other statutory duties, include the handling, | 34160 |
| servicing, and investigation of juvenile cases and counseling and | 34161 |
| conciliation services that may be made available to persons | 34162 |
| requesting them, whether or not the persons are parties to an | 34163 |
| action pending in the division. | 34164 |
| (3) If a judge of the court of common pleas, division of | 34165 |
| domestic relations or juvenile division, is sick, absent, or | 34166 |
| unable to perform that judge's judicial duties, or the volume of | 34167 |
| cases pending in that judge's division necessitates it, that | 34168 |
| judge's duties shall be performed by another judge of the court of | 34169 |
| common pleas. | 34170 |
| (F) In Montgomery county: | 34171 |
| (1) The judges of the court of common pleas whose terms begin | 34172 |
| on January 2, 1953, and January 4, 1977, and successors, shall | 34173 |
| have the same qualifications, exercise the same powers and | 34174 |
| jurisdiction, and receive the same compensation as other judges of | 34175 |
| the court of common pleas of Montgomery county and shall be | 34176 |
| elected and designated as judges of the court of common pleas, | 34177 |
| division of domestic relations. These judges shall have assigned | 34178 |
| to them all divorce, dissolution of marriage, legal separation, | 34179 |
| and annulment cases. | 34180 |
| The judge of the division of domestic relations, senior in | 34181 |
| point of service, shall be charged exclusively with the assignment | 34182 |
| and division of the work of the division and shall have charge of | 34183 |
| the employment and supervision of the personnel of the division | 34184 |
| engaged in handling, servicing, or investigating divorce, | 34185 |
| dissolution of marriage, legal separation, and annulment cases, | 34186 |
| including any necessary referees, except those employees who may | 34187 |
| be appointed by the judge, junior in point of service, under this | 34188 |
| section and sections 2301.12, 2301.18, and 2301.19 of the Revised | 34189 |
| Code. The judge of the division of domestic relations, senior in | 34190 |
| point of service, also shall designate the title, compensation, | 34191 |
| expense allowances, hours, leaves of absence, and vacation of the | 34192 |
| personnel of the division and shall fix their duties. | 34193 |
| (2) The judges of the court of common pleas whose terms begin | 34194 |
| on January 1, 1953, and January 1, 1993, and successors, shall | 34195 |
| have the same qualifications, exercise the same powers and | 34196 |
| jurisdiction, and receive the same compensation as other judges of | 34197 |
| the court of common pleas of Montgomery county, shall be elected | 34198 |
| and designated as judges of the court of common pleas, juvenile | 34199 |
| division, and shall be, and have the powers and jurisdiction of, | 34200 |
| the juvenile judge as provided in Chapters 2151. and 2152. of the | 34201 |
| Revised Code. | 34202 |
| In addition to the judge's regular duties, the judge of the | 34203 |
| court of common pleas, juvenile division, senior in point of | 34204 |
| service, shall be the administrator of the juvenile division and | 34205 |
| its subdivisions and departments and shall have charge of the | 34206 |
| employment, assignment, and supervision of the personnel of the | 34207 |
| juvenile division, including any necessary referees, who are | 34208 |
| engaged in handling, servicing, or investigating juvenile cases. | 34209 |
| The judge, senior in point of service, also shall designate the | 34210 |
| title, compensation, expense allowances, hours, leaves of absence, | 34211 |
| and vacation of the personnel of the division and shall fix their | 34212 |
| duties. The duties of the personnel, in addition to other | 34213 |
| statutory duties, shall include the handling, servicing, and | 34214 |
| investigation of juvenile cases and of any counseling and | 34215 |
| conciliation services that are available upon request to persons, | 34216 |
| whether or not they are parties to an action pending in the | 34217 |
| division. | 34218 |
| If one of the judges of the court of common pleas, division | 34219 |
| of domestic relations, or one of the judges of the court of common | 34220 |
| pleas, juvenile division, is sick, absent, or unable to perform | 34221 |
| that judge's duties or the volume of cases pending in that judge's | 34222 |
| division necessitates it, the duties of that judge may be | 34223 |
| performed by the judge or judges of the other of those divisions. | 34224 |
| (G) In Richland county: | 34225 |
| (1) The judge of the court of common pleas whose term begins | 34226 |
| on January 1, 1957, and successors, shall have the same | 34227 |
| qualifications, exercise the same powers and jurisdiction, and | 34228 |
| receive the same compensation as the other judges of the court of | 34229 |
| common pleas of Richland county and shall be elected and | 34230 |
| designated as judge of the court of common pleas, division of | 34231 |
| domestic relations. That judge shall be assigned and hear all | 34232 |
| divorce, dissolution of marriage, legal separation, and annulment | 34233 |
| cases, all domestic violence cases arising under section 3113.31 | 34234 |
| of the Revised Code, and all post-decree proceedings arising from | 34235 |
| any case pertaining to any of those matters. The division of | 34236 |
| domestic relations has concurrent jurisdiction with the juvenile | 34237 |
| division of the court of common pleas of Richland county to | 34238 |
| determine the care, custody, or control of any child not a ward of | 34239 |
| another court of this state, and to hear and determine a request | 34240 |
| for an order for the support of any child if the request is not | 34241 |
| ancillary to an action for divorce, dissolution of marriage, | 34242 |
| annulment, or legal separation, a criminal or civil action | 34243 |
| involving an allegation of domestic violence, or an action for | 34244 |
| support brought under Chapter 3115. of the Revised Code. Except in | 34245 |
| cases that are subject to the exclusive original jurisdiction of | 34246 |
| the juvenile court, the judge of the division of domestic | 34247 |
| relations shall be assigned and hear all cases pertaining to | 34248 |
| paternity or parentage, the care, custody, or control of children, | 34249 |
| parenting time or visitation, child support, or the allocation of | 34250 |
| parental rights and responsibilities for the care of children, all | 34251 |
| proceedings arising under Chapter 3111. of the Revised Code, all | 34252 |
| proceedings arising under the uniform interstate family support | 34253 |
| act contained in Chapter 3115. of the Revised Code, and all | 34254 |
| post-decree proceedings arising from any case pertaining to any of | 34255 |
| those matters. | 34256 |
| In addition to the judge's regular duties, the judge of the | 34257 |
| court of common pleas, division of domestic relations, shall be | 34258 |
| the administrator of the domestic relations division and its | 34259 |
| subdivisions and departments. The judge shall have charge of the | 34260 |
| employment, assignment, and supervision of the personnel of the | 34261 |
| domestic relations division, including any magistrates the judge | 34262 |
| considers necessary for the discharge of the judge's duties. The | 34263 |
| judge shall also designate the title, compensation, expense | 34264 |
| allowances, hours, leaves of absence, vacation, and other | 34265 |
| employment-related matters of the personnel of the division and | 34266 |
| shall fix their duties. | 34267 |
| (2) The judge of the court of common pleas whose term begins | 34268 |
| on January 3, 2005, and successors, shall have the same | 34269 |
| qualifications, exercise the same powers and jurisdiction, and | 34270 |
| receive the same compensation as other judges of the court of | 34271 |
| common pleas of Richland county, shall be elected and designated | 34272 |
| as judge of the court of common pleas, juvenile division, and | 34273 |
| shall be, and have the powers and jurisdiction of, the juvenile | 34274 |
| judge as provided in Chapters 2151. and 2152. of the Revised Code. | 34275 |
| Except in cases that are subject to the exclusive original | 34276 |
| jurisdiction of the juvenile court, the judge of the juvenile | 34277 |
| division shall not have jurisdiction or the power to hear, and | 34278 |
| shall not be assigned, any case pertaining to paternity or | 34279 |
| parentage, the care, custody, or control of children, parenting | 34280 |
| time or visitation, child support, or the allocation of parental | 34281 |
| rights and responsibilities for the care of children or any | 34282 |
| post-decree proceeding arising from any case pertaining to any of | 34283 |
| those matters. The judge of the juvenile division shall not have | 34284 |
| jurisdiction or the power to hear, and shall not be assigned, any | 34285 |
| proceeding under the uniform interstate family support act | 34286 |
| contained in Chapter 3115. of the Revised Code. | 34287 |
| In addition to the judge's regular duties, the judge of the | 34288 |
| juvenile division shall be the administrator of the juvenile | 34289 |
| division and its subdivisions and departments. The judge shall | 34290 |
| have charge of the employment, assignment, and supervision of the | 34291 |
| personnel of the juvenile division who are engaged in handling, | 34292 |
| servicing, or investigating juvenile cases, including any | 34293 |
| magistrates whom the judge considers necessary for the discharge | 34294 |
| of the judge's various duties. | 34295 |
| The judge of the juvenile division also shall designate the | 34296 |
| title, compensation, expense allowances, hours, leaves of absence, | 34297 |
| and vacation of the personnel of the division and shall fix their | 34298 |
| duties. The duties of the personnel, in addition to other | 34299 |
| statutory duties, include the handling, servicing, and | 34300 |
| investigation of juvenile cases and providing any counseling, | 34301 |
| conciliation, and mediation services that the court makes | 34302 |
| available to persons, whether or not the persons are parties to an | 34303 |
| action pending in the court, who request the services. | 34304 |
| (H) In Stark county, the judges of the court of common pleas | 34305 |
| whose terms begin on January 1, 1953, January 2, 1959, and January | 34306 |
| 1, 1993, and successors, shall have the same qualifications, | 34307 |
| exercise the same powers and jurisdiction, and receive the same | 34308 |
| compensation as other judges of the court of common pleas of Stark | 34309 |
| county and shall be elected and designated as judges of the court | 34310 |
| of common pleas, division of domestic relations. They shall have | 34311 |
| all the powers relating to juvenile courts, and all cases under | 34312 |
| Chapters 2151. and 2152. of the Revised Code, all parentage | 34313 |
| proceedings over which the juvenile court has jurisdiction, and | 34314 |
| all divorce, dissolution of marriage, legal separation, and | 34315 |
| annulment cases, except cases that are assigned to some other | 34316 |
| judge of the court of common pleas for some special reason, shall | 34317 |
| be assigned to the judges. | 34318 |
| The judge of the division of domestic relations, second most | 34319 |
| senior in point of service, shall have charge of the employment | 34320 |
| and supervision of the personnel of the division engaged in | 34321 |
| handling, servicing, or investigating divorce, dissolution of | 34322 |
| marriage, legal separation, and annulment cases, and necessary | 34323 |
| referees required for the judge's respective court. | 34324 |
| The judge of the division of domestic relations, senior in | 34325 |
| point of service, shall be charged exclusively with the | 34326 |
| administration of sections 2151.13, 2151.16, 2151.17, and 2152.71 | 34327 |
| of the Revised Code and with the assignment and division of the | 34328 |
| work of the division and the employment and supervision of all | 34329 |
| other personnel of the division, including, but not limited to, | 34330 |
| that judge's necessary referees, but excepting those employees who | 34331 |
| may be appointed by the judge second most senior in point of | 34332 |
| service. The senior judge further shall serve in every other | 34333 |
| position in which the statutes permit or require a juvenile judge | 34334 |
| to serve. | 34335 |
| (I) In Summit county: | 34336 |
| (1) The judges of the court of common pleas whose terms begin | 34337 |
| on January 4, 1967, and January 6, 1993, and successors, shall | 34338 |
| have the same qualifications, exercise the same powers and | 34339 |
| jurisdiction, and receive the same compensation as other judges of | 34340 |
| the court of common pleas of Summit county and shall be elected | 34341 |
| and designated as judges of the court of common pleas, division of | 34342 |
| domestic relations. The judges of the division of domestic | 34343 |
| relations shall have assigned to them and hear all divorce, | 34344 |
| dissolution of marriage, legal separation, and annulment cases | 34345 |
| that come before the court. Except in cases that are subject to | 34346 |
| the exclusive original jurisdiction of the juvenile court, the | 34347 |
| judges of the division of domestic relations shall have assigned | 34348 |
| to them and hear all cases pertaining to paternity, custody, | 34349 |
| visitation, child support, or the allocation of parental rights | 34350 |
| and responsibilities for the care of children and all post-decree | 34351 |
| proceedings arising from any case pertaining to any of those | 34352 |
| matters. The judges of the division of domestic relations shall | 34353 |
| have assigned to them and hear all proceedings under the uniform | 34354 |
| interstate family support act contained in Chapter 3115. of the | 34355 |
| Revised Code. | 34356 |
| The judge of the division of domestic relations, senior in | 34357 |
| point of service, shall be the administrator of the domestic | 34358 |
| relations division and its subdivisions and departments and shall | 34359 |
| have charge of the employment, assignment, and supervision of the | 34360 |
| personnel of the division, including any necessary referees, who | 34361 |
| are engaged in handling, servicing, or investigating divorce, | 34362 |
| dissolution of marriage, legal separation, and annulment cases. | 34363 |
| That judge also shall designate the title, compensation, expense | 34364 |
| allowances, hours, leaves of absence, and vacations of the | 34365 |
| personnel of the division and shall fix their duties. The duties | 34366 |
| of the personnel, in addition to other statutory duties, shall | 34367 |
| include the handling, servicing, and investigation of divorce, | 34368 |
| dissolution of marriage, legal separation, and annulment cases and | 34369 |
| of any counseling and conciliation services that are available | 34370 |
| upon request to all persons, whether or not they are parties to an | 34371 |
| action pending in the division. | 34372 |
| (2) The judge of the court of common pleas whose term begins | 34373 |
| on January 1, 1955, and successors, shall have the same | 34374 |
| qualifications, exercise the same powers and jurisdiction, and | 34375 |
| receive the same compensation as other judges of the court of | 34376 |
| common pleas of Summit county, shall be elected and designated as | 34377 |
| judge of the court of common pleas, juvenile division, and shall | 34378 |
| be, and have the powers and jurisdiction of, the juvenile judge as | 34379 |
| provided in Chapters 2151. and 2152. of the Revised Code. Except | 34380 |
| in cases that are subject to the exclusive original jurisdiction | 34381 |
| of the juvenile court, the judge of the juvenile division shall | 34382 |
| not have jurisdiction or the power to hear, and shall not be | 34383 |
| assigned, any case pertaining to paternity, custody, visitation, | 34384 |
| child support, or the allocation of parental rights and | 34385 |
| responsibilities for the care of children or any post-decree | 34386 |
| proceeding arising from any case pertaining to any of those | 34387 |
| matters. The judge of the juvenile division shall not have | 34388 |
| jurisdiction or the power to hear, and shall not be assigned, any | 34389 |
| proceeding under the uniform interstate family support act | 34390 |
| contained in Chapter 3115. of the Revised Code. | 34391 |
| The juvenile judge shall be the administrator of the juvenile | 34392 |
| division and its subdivisions and departments and shall have | 34393 |
| charge of the employment, assignment, and supervision of the | 34394 |
| personnel of the juvenile division, including any necessary | 34395 |
| referees, who are engaged in handling, servicing, or investigating | 34396 |
| juvenile cases. The judge also shall designate the title, | 34397 |
| compensation, expense allowances, hours, leaves of absence, and | 34398 |
| vacation of the personnel of the division and shall fix their | 34399 |
| duties. The duties of the personnel, in addition to other | 34400 |
| statutory duties, shall include the handling, servicing, and | 34401 |
| investigation of juvenile cases and of any counseling and | 34402 |
| conciliation services that are available upon request to persons, | 34403 |
| whether or not they are parties to an action pending in the | 34404 |
| division. | 34405 |
| (J) In Trumbull county, the judges of the court of common | 34406 |
| pleas whose terms begin on January 1, 1953, and January 2, 1977, | 34407 |
| and successors, shall have the same qualifications, exercise the | 34408 |
| same powers and jurisdiction, and receive the same compensation as | 34409 |
| other judges of the court of common pleas of Trumbull county and | 34410 |
| shall be elected and designated as judges of the court of common | 34411 |
| pleas, division of domestic relations. They shall have all the | 34412 |
| powers relating to juvenile courts, and all cases under Chapters | 34413 |
| 2151. and 2152. of the Revised Code, all parentage proceedings | 34414 |
| over which the juvenile court has jurisdiction, and all divorce, | 34415 |
| dissolution of marriage, legal separation, and annulment cases | 34416 |
| shall be assigned to them, except cases that for some special | 34417 |
| reason are assigned to some other judge of the court of common | 34418 |
| pleas. | 34419 |
| (K) In Butler county: | 34420 |
| (1) The judges of the court of common pleas whose terms begin | 34421 |
| on January 1, 1957, and January 4, 1993, and successors, shall | 34422 |
| have the same qualifications, exercise the same powers and | 34423 |
| jurisdiction, and receive the same compensation as other judges of | 34424 |
| the court of common pleas of Butler county and shall be elected | 34425 |
| and designated as judges of the court of common pleas, division of | 34426 |
| domestic relations. The judges of the division of domestic | 34427 |
| relations shall have assigned to them all divorce, dissolution of | 34428 |
| marriage, legal separation, and annulment cases coming before the | 34429 |
| court, except in cases that for some special reason are assigned | 34430 |
| to some other judge of the court of common pleas. The judge senior | 34431 |
| in point of service shall be charged with the assignment and | 34432 |
| division of the work of the division and with the employment and | 34433 |
| supervision of all other personnel of the domestic relations | 34434 |
| division. | 34435 |
| The judge senior in point of service also shall designate the | 34436 |
| title, compensation, expense allowances, hours, leaves of absence, | 34437 |
| and vacations of the personnel of the division and shall fix their | 34438 |
| duties. The duties of the personnel, in addition to other | 34439 |
| statutory duties, shall include the handling, servicing, and | 34440 |
| investigation of divorce, dissolution of marriage, legal | 34441 |
| separation, and annulment cases and providing any counseling and | 34442 |
| conciliation services that the division makes available to | 34443 |
| persons, whether or not the persons are parties to an action | 34444 |
| pending in the division, who request the services. | 34445 |
| (2) The judges of the court of common pleas whose terms begin | 34446 |
| on January 3, 1987, and January 2, 2003, and successors, shall | 34447 |
| have the same qualifications, exercise the same powers and | 34448 |
| jurisdiction, and receive the same compensation as other judges of | 34449 |
| the court of common pleas of Butler county, shall be elected and | 34450 |
| designated as judges of the court of common pleas, juvenile | 34451 |
| division, and shall be the juvenile judges as provided in Chapters | 34452 |
| 2151. and 2152. of the Revised Code, with the powers and | 34453 |
| jurisdictions conferred by those chapters. The judge of the court | 34454 |
| of common pleas, juvenile division, who is senior in point of | 34455 |
| service, shall be the administrator of the juvenile division and | 34456 |
| its subdivisions and departments. The judge, senior in point of | 34457 |
| service, shall have charge of the employment, assignment, and | 34458 |
| supervision of the personnel of the juvenile division who are | 34459 |
| engaged in handling, servicing, or investigating juvenile cases, | 34460 |
| including any referees whom the judge considers necessary for the | 34461 |
| discharge of the judge's various duties. | 34462 |
| The judge, senior in point of service, also shall designate | 34463 |
| the title, compensation, expense allowances, hours, leaves of | 34464 |
| absence, and vacation of the personnel of the division and shall | 34465 |
| fix their duties. The duties of the personnel, in addition to | 34466 |
| other statutory duties, include the handling, servicing, and | 34467 |
| investigation of juvenile cases and providing any counseling and | 34468 |
| conciliation services that the division makes available to | 34469 |
| persons, whether or not the persons are parties to an action | 34470 |
| pending in the division, who request the services. | 34471 |
| (3) If a judge of the court of common pleas, division of | 34472 |
| domestic relations or juvenile division, is sick, absent, or | 34473 |
| unable to perform that judge's judicial duties or the volume of | 34474 |
| cases pending in the judge's division necessitates it, the duties | 34475 |
| of that judge shall be performed by the other judges of the | 34476 |
| domestic relations and juvenile divisions. | 34477 |
| (L)(1) In Cuyahoga county, the judges of the court of common | 34478 |
| pleas whose terms begin on January 8, 1961, January 9, 1961, | 34479 |
| January 18, 1975, January 19, 1975, and January 13, 1987, and | 34480 |
| successors, shall have the same qualifications, exercise the same | 34481 |
| powers and jurisdiction, and receive the same compensation as | 34482 |
| other judges of the court of common pleas of Cuyahoga county and | 34483 |
| shall be elected and designated as judges of the court of common | 34484 |
| pleas, division of domestic relations. They shall have all the | 34485 |
| powers relating to all divorce, dissolution of marriage, legal | 34486 |
| separation, and annulment cases, except in cases that are assigned | 34487 |
| to some other judge of the court of common pleas for some special | 34488 |
| reason. | 34489 |
| (2) The administrative judge is administrator of the domestic | 34490 |
| relations division and its subdivisions and departments and has | 34491 |
| the following powers concerning division personnel: | 34492 |
| (a) Full charge of the employment, assignment, and | 34493 |
| supervision; | 34494 |
| (b) Sole determination of compensation, duties, expenses, | 34495 |
| allowances, hours, leaves, and vacations. | 34496 |
| (3) "Division personnel" include persons employed or referees | 34497 |
| engaged in hearing, servicing, investigating, counseling, or | 34498 |
| conciliating divorce, dissolution of marriage, legal separation | 34499 |
| and annulment matters. | 34500 |
| (M) In Lake county: | 34501 |
| (1) The judge of the court of common pleas whose term begins | 34502 |
| on January 2, 1961, and successors, shall have the same | 34503 |
| qualifications, exercise the same powers and jurisdiction, and | 34504 |
| receive the same compensation as the other judges of the court of | 34505 |
| common pleas of Lake county and shall be elected and designated as | 34506 |
| judge of the court of common pleas, division of domestic | 34507 |
| relations. The judge shall be assigned all the divorce, | 34508 |
| dissolution of marriage, legal separation, and annulment cases | 34509 |
| coming before the court, except in cases that for some special | 34510 |
| reason are assigned to some other judge of the court of common | 34511 |
| pleas. The judge shall be charged with the assignment and division | 34512 |
| of the work of the division and with the employment and | 34513 |
| supervision of all other personnel of the domestic relations | 34514 |
| division. | 34515 |
| The judge also shall designate the title, compensation, | 34516 |
| expense allowances, hours, leaves of absence, and vacations of the | 34517 |
| personnel of the division and shall fix their duties. The duties | 34518 |
| of the personnel, in addition to other statutory duties, shall | 34519 |
| include the handling, servicing, and investigation of divorce, | 34520 |
| dissolution of marriage, legal separation, and annulment cases and | 34521 |
| providing any counseling and conciliation services that the | 34522 |
| division makes available to persons, whether or not the persons | 34523 |
| are parties to an action pending in the division, who request the | 34524 |
| services. | 34525 |
| (2) The judge of the court of common pleas whose term begins | 34526 |
| on January 4, 1979, and successors, shall have the same | 34527 |
| qualifications, exercise the same powers and jurisdiction, and | 34528 |
| receive the same compensation as other judges of the court of | 34529 |
| common pleas of Lake county, shall be elected and designated as | 34530 |
| judge of the court of common pleas, juvenile division, and shall | 34531 |
| be the juvenile judge as provided in Chapters 2151. and 2152. of | 34532 |
| the Revised Code, with the powers and jurisdictions conferred by | 34533 |
| those chapters. The judge of the court of common pleas, juvenile | 34534 |
| division, shall be the administrator of the juvenile division and | 34535 |
| its subdivisions and departments. The judge shall have charge of | 34536 |
| the employment, assignment, and supervision of the personnel of | 34537 |
| the juvenile division who are engaged in handling, servicing, or | 34538 |
| investigating juvenile cases, including any referees whom the | 34539 |
| judge considers necessary for the discharge of the judge's various | 34540 |
| duties. | 34541 |
| The judge also shall designate the title, compensation, | 34542 |
| expense allowances, hours, leaves of absence, and vacation of the | 34543 |
| personnel of the division and shall fix their duties. The duties | 34544 |
| of the personnel, in addition to other statutory duties, include | 34545 |
| the handling, servicing, and investigation of juvenile cases and | 34546 |
| providing any counseling and conciliation services that the | 34547 |
| division makes available to persons, whether or not the persons | 34548 |
| are parties to an action pending in the division, who request the | 34549 |
| services. | 34550 |
| (3) If a judge of the court of common pleas, division of | 34551 |
| domestic relations or juvenile division, is sick, absent, or | 34552 |
| unable to perform that judge's judicial duties or the volume of | 34553 |
| cases pending in the judge's division necessitates it, the duties | 34554 |
| of that judge shall be performed by the other judges of the | 34555 |
| domestic relations and juvenile divisions. | 34556 |
| (N) In Erie county: | 34557 |
| (1) The judge of the court of common pleas whose term begins | 34558 |
| on January 2, 1971, and the successors to that judge whose terms | 34559 |
| begin before January 2, 2007, shall have the same qualifications, | 34560 |
| exercise the same powers and jurisdiction, and receive the same | 34561 |
| compensation as the other judge of the court of common pleas of | 34562 |
| Erie county and shall be elected and designated as judge of the | 34563 |
| court of common pleas, division of domestic relations. The judge | 34564 |
| shall have all the powers relating to juvenile courts, and shall | 34565 |
| be assigned all cases under Chapters 2151. and 2152. of the | 34566 |
| Revised Code, parentage proceedings over which the juvenile court | 34567 |
| has jurisdiction, and divorce, dissolution of marriage, legal | 34568 |
| separation, and annulment cases, except cases that for some | 34569 |
| special reason are assigned to some other judge. | 34570 |
| On or after January 2, 2007, the judge of the court of common | 34571 |
| pleas who is elected in 2006 shall be the successor to the judge | 34572 |
| of the domestic relations division whose term expires on January | 34573 |
| 1, 2007, shall be designated as judge of the court of common | 34574 |
| pleas, juvenile division, and shall be the juvenile judge as | 34575 |
| provided in Chapters 2151. and 2152. of the Revised Code with the | 34576 |
| powers and jurisdictions conferred by those chapters. | 34577 |
| (2) The judge of the court of common pleas, general division, | 34578 |
| whose term begins on January 1, 2005, and successors, the judge of | 34579 |
| the court of common pleas, general division whose term begins on | 34580 |
| January 2, 2005, and successors, and the judge of the court of | 34581 |
| common pleas, general division, whose term begins February 9, | 34582 |
| 2009, and successors, shall have assigned to them, in addition to | 34583 |
| all matters that are within the jurisdiction of the general | 34584 |
| division of the court of common pleas, all divorce, dissolution of | 34585 |
| marriage, legal separation, and annulment cases coming before the | 34586 |
| court, and all matters that are within the jurisdiction of the | 34587 |
| probate court under Chapter 2101., and other provisions, of the | 34588 |
| Revised Code. | 34589 |
| (O) In Greene county: | 34590 |
| (1) The judge of the court of common pleas whose term begins | 34591 |
| on January 1, 1961, and successors, shall have the same | 34592 |
| qualifications, exercise the same powers and jurisdiction, and | 34593 |
| receive the same compensation as the other judges of the court of | 34594 |
| common pleas of Greene county and shall be elected and designated | 34595 |
| as the judge of the court of common pleas, division of domestic | 34596 |
| relations. The judge shall be assigned all divorce, dissolution of | 34597 |
| marriage, legal separation, annulment, uniform reciprocal support | 34598 |
| enforcement, and domestic violence cases and all other cases | 34599 |
| related to domestic relations, except cases that for some special | 34600 |
| reason are assigned to some other judge of the court of common | 34601 |
| pleas. | 34602 |
| The judge shall be charged with the assignment and division | 34603 |
| of the work of the division and with the employment and | 34604 |
| supervision of all other personnel of the division. The judge also | 34605 |
| shall designate the title, compensation, hours, leaves of absence, | 34606 |
| and vacations of the personnel of the division and shall fix their | 34607 |
| duties. The duties of the personnel of the division, in addition | 34608 |
| to other statutory duties, shall include the handling, servicing, | 34609 |
| and investigation of divorce, dissolution of marriage, legal | 34610 |
| separation, and annulment cases and the provision of counseling | 34611 |
| and conciliation services that the division considers necessary | 34612 |
| and makes available to persons who request the services, whether | 34613 |
| or not the persons are parties in an action pending in the | 34614 |
| division. The compensation for the personnel shall be paid from | 34615 |
| the overall court budget and shall be included in the | 34616 |
| appropriations for the existing judges of the general division of | 34617 |
| the court of common pleas. | 34618 |
| (2) The judge of the court of common pleas whose term begins | 34619 |
| on January 1, 1995, and successors, shall have the same | 34620 |
| qualifications, exercise the same powers and jurisdiction, and | 34621 |
| receive the same compensation as the other judges of the court of | 34622 |
| common pleas of Greene county, shall be elected and designated as | 34623 |
| judge of the court of common pleas, juvenile division, and, on or | 34624 |
| after January 1, 1995, shall be the juvenile judge as provided in | 34625 |
| Chapters 2151. and 2152. of the Revised Code with the powers and | 34626 |
| jurisdiction conferred by those chapters. The judge of the court | 34627 |
| of common pleas, juvenile division, shall be the administrator of | 34628 |
| the juvenile division and its subdivisions and departments. The | 34629 |
| judge shall have charge of the employment, assignment, and | 34630 |
| supervision of the personnel of the juvenile division who are | 34631 |
| engaged in handling, servicing, or investigating juvenile cases, | 34632 |
| including any referees whom the judge considers necessary for the | 34633 |
| discharge of the judge's various duties. | 34634 |
| The judge also shall designate the title, compensation, | 34635 |
| expense allowances, hours, leaves of absence, and vacation of the | 34636 |
| personnel of the division and shall fix their duties. The duties | 34637 |
| of the personnel, in addition to other statutory duties, include | 34638 |
| the handling, servicing, and investigation of juvenile cases and | 34639 |
| providing any counseling and conciliation services that the court | 34640 |
| makes available to persons, whether or not the persons are parties | 34641 |
| to an action pending in the court, who request the services. | 34642 |
| (3) If one of the judges of the court of common pleas, | 34643 |
| general division, is sick, absent, or unable to perform that | 34644 |
| judge's judicial duties or the volume of cases pending in the | 34645 |
| general division necessitates it, the duties of that judge of the | 34646 |
| general division shall be performed by the judge of the division | 34647 |
| of domestic relations and the judge of the juvenile division. | 34648 |
| (P) In Portage county, the judge of the court of common | 34649 |
| pleas, whose term begins January 2, 1987, and successors, shall | 34650 |
| have the same qualifications, exercise the same powers and | 34651 |
| jurisdiction, and receive the same compensation as the other | 34652 |
| judges of the court of common pleas of Portage county and shall be | 34653 |
| elected and designated as judge of the court of common pleas, | 34654 |
| division of domestic relations. The judge shall be assigned all | 34655 |
| divorce, dissolution of marriage, legal separation, and annulment | 34656 |
| cases coming before the court, except in cases that for some | 34657 |
| special reason are assigned to some other judge of the court of | 34658 |
| common pleas. The judge shall be charged with the assignment and | 34659 |
| division of the work of the division and with the employment and | 34660 |
| supervision of all other personnel of the domestic relations | 34661 |
| division. | 34662 |
| The judge also shall designate the title, compensation, | 34663 |
| expense allowances, hours, leaves of absence, and vacations of the | 34664 |
| personnel of the division and shall fix their duties. The duties | 34665 |
| of the personnel, in addition to other statutory duties, shall | 34666 |
| include the handling, servicing, and investigation of divorce, | 34667 |
| dissolution of marriage, legal separation, and annulment cases and | 34668 |
| providing any counseling and conciliation services that the | 34669 |
| division makes available to persons, whether or not the persons | 34670 |
| are parties to an action pending in the division, who request the | 34671 |
| services. | 34672 |
| (Q) In Clermont county, the judge of the court of common | 34673 |
| pleas, whose term begins January 2, 1987, and successors, shall | 34674 |
| have the same qualifications, exercise the same powers and | 34675 |
| jurisdiction, and receive the same compensation as the other | 34676 |
| judges of the court of common pleas of Clermont county and shall | 34677 |
| be elected and designated as judge of the court of common pleas, | 34678 |
| division of domestic relations. The judge shall be assigned all | 34679 |
| divorce, dissolution of marriage, legal separation, and annulment | 34680 |
| cases coming before the court, except in cases that for some | 34681 |
| special reason are assigned to some other judge of the court of | 34682 |
| common pleas. The judge shall be charged with the assignment and | 34683 |
| division of the work of the division and with the employment and | 34684 |
| supervision of all other personnel of the domestic relations | 34685 |
| division. | 34686 |
| The judge also shall designate the title, compensation, | 34687 |
| expense allowances, hours, leaves of absence, and vacations of the | 34688 |
| personnel of the division and shall fix their duties. The duties | 34689 |
| of the personnel, in addition to other statutory duties, shall | 34690 |
| include the handling, servicing, and investigation of divorce, | 34691 |
| dissolution of marriage, legal separation, and annulment cases and | 34692 |
| providing any counseling and conciliation services that the | 34693 |
| division makes available to persons, whether or not the persons | 34694 |
| are parties to an action pending in the division, who request the | 34695 |
| services. | 34696 |
| (R) In Warren county, the judge of the court of common pleas, | 34697 |
| whose term begins January 1, 1987, and successors, shall have the | 34698 |
| same qualifications, exercise the same powers and jurisdiction, | 34699 |
| and receive the same compensation as the other judges of the court | 34700 |
| of common pleas of Warren county and shall be elected and | 34701 |
| designated as judge of the court of common pleas, division of | 34702 |
| domestic relations. The judge shall be assigned all divorce, | 34703 |
| dissolution of marriage, legal separation, and annulment cases | 34704 |
| coming before the court, except in cases that for some special | 34705 |
| reason are assigned to some other judge of the court of common | 34706 |
| pleas. The judge shall be charged with the assignment and division | 34707 |
| of the work of the division and with the employment and | 34708 |
| supervision of all other personnel of the domestic relations | 34709 |
| division. | 34710 |
| The judge also shall designate the title, compensation, | 34711 |
| expense allowances, hours, leaves of absence, and vacations of the | 34712 |
| personnel of the division and shall fix their duties. The duties | 34713 |
| of the personnel, in addition to other statutory duties, shall | 34714 |
| include the handling, servicing, and investigation of divorce, | 34715 |
| dissolution of marriage, legal separation, and annulment cases and | 34716 |
| providing any counseling and conciliation services that the | 34717 |
| division makes available to persons, whether or not the persons | 34718 |
| are parties to an action pending in the division, who request the | 34719 |
| services. | 34720 |
| (S) In Licking county, the judges of the court of common | 34721 |
| pleas, whose terms begin on January 1, 1991, and January 1, 2005, | 34722 |
| and successors, shall have the same qualifications, exercise the | 34723 |
| same powers and jurisdiction, and receive the same compensation as | 34724 |
| the other judges of the court of common pleas of Licking county | 34725 |
| and shall be elected and designated as judges of the court of | 34726 |
| common pleas, division of domestic relations. The judges shall be | 34727 |
| assigned all divorce, dissolution of marriage, legal separation, | 34728 |
| and annulment cases, all cases arising under Chapter 3111. of the | 34729 |
| Revised Code, all proceedings involving child support, the | 34730 |
| allocation of parental rights and responsibilities for the care of | 34731 |
| children and the designation for the children of a place of | 34732 |
| residence and legal custodian, parenting time, and visitation, and | 34733 |
| all post-decree proceedings and matters arising from those cases | 34734 |
| and proceedings, except in cases that for some special reason are | 34735 |
| assigned to another judge of the court of common pleas. The | 34736 |
| administrative judge of the division of domestic relations shall | 34737 |
| be charged with the assignment and division of the work of the | 34738 |
| division and with the employment and supervision of the personnel | 34739 |
| of the division. | 34740 |
| The administrative judge of the division of domestic | 34741 |
| relations shall designate the title, compensation, expense | 34742 |
| allowances, hours, leaves of absence, and vacations of the | 34743 |
| personnel of the division and shall fix the duties of the | 34744 |
| personnel of the division. The duties of the personnel of the | 34745 |
| division, in addition to other statutory duties, shall include the | 34746 |
| handling, servicing, and investigation of divorce, dissolution of | 34747 |
| marriage, legal separation, and annulment cases, cases arising | 34748 |
| under Chapter 3111. of the Revised Code, and proceedings involving | 34749 |
| child support, the allocation of parental rights and | 34750 |
| responsibilities for the care of children and the designation for | 34751 |
| the children of a place of residence and legal custodian, | 34752 |
| parenting time, and visitation and providing any counseling and | 34753 |
| conciliation services that the division makes available to | 34754 |
| persons, whether or not the persons are parties to an action | 34755 |
| pending in the division, who request the services. | 34756 |
| (T) In Allen county, the judge of the court of common pleas, | 34757 |
| whose term begins January 1, 1993, and successors, shall have the | 34758 |
| same qualifications, exercise the same powers and jurisdiction, | 34759 |
| and receive the same compensation as the other judges of the court | 34760 |
| of common pleas of Allen county and shall be elected and | 34761 |
| designated as judge of the court of common pleas, division of | 34762 |
| domestic relations. The judge shall be assigned all divorce, | 34763 |
| dissolution of marriage, legal separation, and annulment cases, | 34764 |
| all cases arising under Chapter 3111. of the Revised Code, all | 34765 |
| proceedings involving child support, the allocation of parental | 34766 |
| rights and responsibilities for the care of children and the | 34767 |
| designation for the children of a place of residence and legal | 34768 |
| custodian, parenting time, and visitation, and all post-decree | 34769 |
| proceedings and matters arising from those cases and proceedings, | 34770 |
| except in cases that for some special reason are assigned to | 34771 |
| another judge of the court of common pleas. The judge shall be | 34772 |
| charged with the assignment and division of the work of the | 34773 |
| division and with the employment and supervision of the personnel | 34774 |
| of the division. | 34775 |
| The judge shall designate the title, compensation, expense | 34776 |
| allowances, hours, leaves of absence, and vacations of the | 34777 |
| personnel of the division and shall fix the duties of the | 34778 |
| personnel of the division. The duties of the personnel of the | 34779 |
| division, in addition to other statutory duties, shall include the | 34780 |
| handling, servicing, and investigation of divorce, dissolution of | 34781 |
| marriage, legal separation, and annulment cases, cases arising | 34782 |
| under Chapter 3111. of the Revised Code, and proceedings involving | 34783 |
| child support, the allocation of parental rights and | 34784 |
| responsibilities for the care of children and the designation for | 34785 |
| the children of a place of residence and legal custodian, | 34786 |
| parenting time, and visitation, and providing any counseling and | 34787 |
| conciliation services that the division makes available to | 34788 |
| persons, whether or not the persons are parties to an action | 34789 |
| pending in the division, who request the services. | 34790 |
| (U) In Medina county, the judge of the court of common pleas | 34791 |
| whose term begins January 1, 1995, and successors, shall have the | 34792 |
| same qualifications, exercise the same powers and jurisdiction, | 34793 |
| and receive the same compensation as other judges of the court of | 34794 |
| common pleas of Medina county and shall be elected and designated | 34795 |
| as judge of the court of common pleas, division of domestic | 34796 |
| relations. The judge shall be assigned all divorce, dissolution of | 34797 |
| marriage, legal separation, and annulment cases, all cases arising | 34798 |
| under Chapter 3111. of the Revised Code, all proceedings involving | 34799 |
| child support, the allocation of parental rights and | 34800 |
| responsibilities for the care of children and the designation for | 34801 |
| the children of a place of residence and legal custodian, | 34802 |
| parenting time, and visitation, and all post-decree proceedings | 34803 |
| and matters arising from those cases and proceedings, except in | 34804 |
| cases that for some special reason are assigned to another judge | 34805 |
| of the court of common pleas. The judge shall be charged with the | 34806 |
| assignment and division of the work of the division and with the | 34807 |
| employment and supervision of the personnel of the division. | 34808 |
| The judge shall designate the title, compensation, expense | 34809 |
| allowances, hours, leaves of absence, and vacations of the | 34810 |
| personnel of the division and shall fix the duties of the | 34811 |
| personnel of the division. The duties of the personnel, in | 34812 |
| addition to other statutory duties, include the handling, | 34813 |
| servicing, and investigation of divorce, dissolution of marriage, | 34814 |
| legal separation, and annulment cases, cases arising under Chapter | 34815 |
| 3111. of the Revised Code, and proceedings involving child | 34816 |
| support, the allocation of parental rights and responsibilities | 34817 |
| for the care of children and the designation for the children of a | 34818 |
| place of residence and legal custodian, parenting time, and | 34819 |
| visitation, and providing counseling and conciliation services | 34820 |
| that the division makes available to persons, whether or not the | 34821 |
| persons are parties to an action pending in the division, who | 34822 |
| request the services. | 34823 |
| (V) In Fairfield county, the judge of the court of common | 34824 |
| pleas whose term begins January 2, 1995, and successors, shall | 34825 |
| have the same qualifications, exercise the same powers and | 34826 |
| jurisdiction, and receive the same compensation as the other | 34827 |
| judges of the court of common pleas of Fairfield county and shall | 34828 |
| be elected and designated as judge of the court of common pleas, | 34829 |
| division of domestic relations. The judge shall be assigned all | 34830 |
| divorce, dissolution of marriage, legal separation, and annulment | 34831 |
| cases, all cases arising under Chapter 3111. of the Revised Code, | 34832 |
| all proceedings involving child support, the allocation of | 34833 |
| parental rights and responsibilities for the care of children and | 34834 |
| the designation for the children of a place of residence and legal | 34835 |
| custodian, parenting time, and visitation, and all post-decree | 34836 |
| proceedings and matters arising from those cases and proceedings, | 34837 |
| except in cases that for some special reason are assigned to | 34838 |
| another judge of the court of common pleas. The judge also has | 34839 |
| concurrent jurisdiction with the probate-juvenile division of the | 34840 |
| court of common pleas of Fairfield county with respect to and may | 34841 |
| hear cases to determine the custody of a child, as defined in | 34842 |
| section 2151.011 of the Revised Code, who is not the ward of | 34843 |
| another court of this state, cases that are commenced by a parent, | 34844 |
| guardian, or custodian of a child, as defined in section 2151.011 | 34845 |
| of the Revised Code, to obtain an order requiring a parent of the | 34846 |
| child to pay child support for that child when the request for | 34847 |
| that order is not ancillary to an action for divorce, dissolution | 34848 |
| of marriage, annulment, or legal separation, a criminal or civil | 34849 |
| action involving an allegation of domestic violence, an action for | 34850 |
| support under Chapter 3115. of the Revised Code, or an action that | 34851 |
| is within the exclusive original jurisdiction of the | 34852 |
| probate-juvenile division of the court of common pleas of | 34853 |
| Fairfield county and that involves an allegation that the child is | 34854 |
| an abused, neglected, or dependent child, and post-decree | 34855 |
| proceedings and matters arising from those types of cases. | 34856 |
| The judge of the domestic relations division shall be charged | 34857 |
| with the assignment and division of the work of the division and | 34858 |
| with the employment and supervision of the personnel of the | 34859 |
| division. | 34860 |
| The judge shall designate the title, compensation, expense | 34861 |
| allowances, hours, leaves of absence, and vacations of the | 34862 |
| personnel of the division and shall fix the duties of the | 34863 |
| personnel of the division. The duties of the personnel of the | 34864 |
| division, in addition to other statutory duties, shall include the | 34865 |
| handling, servicing, and investigation of divorce, dissolution of | 34866 |
| marriage, legal separation, and annulment cases, cases arising | 34867 |
| under Chapter 3111. of the Revised Code, and proceedings involving | 34868 |
| child support, the allocation of parental rights and | 34869 |
| responsibilities for the care of children and the designation for | 34870 |
| the children of a place of residence and legal custodian, | 34871 |
| parenting time, and visitation, and providing any counseling and | 34872 |
| conciliation services that the division makes available to | 34873 |
| persons, regardless of whether the persons are parties to an | 34874 |
| action pending in the division, who request the services. When the | 34875 |
| judge hears a case to determine the custody of a child, as defined | 34876 |
| in section 2151.011 of the Revised Code, who is not the ward of | 34877 |
| another court of this state or a case that is commenced by a | 34878 |
| parent, guardian, or custodian of a child, as defined in section | 34879 |
| 2151.011 of the Revised Code, to obtain an order requiring a | 34880 |
| parent of the child to pay child support for that child when the | 34881 |
| request for that order is not ancillary to an action for divorce, | 34882 |
| dissolution of marriage, annulment, or legal separation, a | 34883 |
| criminal or civil action involving an allegation of domestic | 34884 |
| violence, an action for support under Chapter 3115. of the Revised | 34885 |
| Code, or an action that is within the exclusive original | 34886 |
| jurisdiction of the probate-juvenile division of the court of | 34887 |
| common pleas of Fairfield county and that involves an allegation | 34888 |
| that the child is an abused, neglected, or dependent child, the | 34889 |
| duties of the personnel of the domestic relations division also | 34890 |
| include the handling, servicing, and investigation of those types | 34891 |
| of cases. | 34892 |
| (W)(1) In Clark county, the judge of the court of common | 34893 |
| pleas whose term begins on January 2, 1995, and successors, shall | 34894 |
| have the same qualifications, exercise the same powers and | 34895 |
| jurisdiction, and receive the same compensation as other judges of | 34896 |
| the court of common pleas of Clark county and shall be elected and | 34897 |
| designated as judge of the court of common pleas, domestic | 34898 |
| relations division. The judge shall have all the powers relating | 34899 |
| to juvenile courts, and all cases under Chapters 2151. and 2152. | 34900 |
| of the Revised Code and all parentage proceedings under Chapter | 34901 |
| 3111. of the Revised Code over which the juvenile court has | 34902 |
| jurisdiction shall be assigned to the judge of the division of | 34903 |
| domestic relations. All divorce, dissolution of marriage, legal | 34904 |
| separation, annulment, uniform reciprocal support enforcement, and | 34905 |
| other cases related to domestic relations shall be assigned to the | 34906 |
| domestic relations division, and the presiding judge of the court | 34907 |
| of common pleas shall assign the cases to the judge of the | 34908 |
| domestic relations division and the judges of the general | 34909 |
| division. | 34910 |
| (2) In addition to the judge's regular duties, the judge of | 34911 |
| the division of domestic relations shall serve on the children | 34912 |
| services board and the county advisory board. | 34913 |
| (3) If the judge of the court of common pleas of Clark | 34914 |
| county, division of domestic relations, is sick, absent, or unable | 34915 |
| to perform that judge's judicial duties or if the presiding judge | 34916 |
| of the court of common pleas of Clark county determines that the | 34917 |
| volume of cases pending in the division of domestic relations | 34918 |
| necessitates it, the duties of the judge of the division of | 34919 |
| domestic relations shall be performed by the judges of the general | 34920 |
| division or probate division of the court of common pleas of Clark | 34921 |
| county, as assigned for that purpose by the presiding judge of | 34922 |
| that court, and the judges so assigned shall act in conjunction | 34923 |
| with the judge of the division of domestic relations of that | 34924 |
| court. | 34925 |
| (X) In Scioto county, the judge of the court of common pleas | 34926 |
| whose term begins January 2, 1995, and successors, shall have the | 34927 |
| same qualifications, exercise the same powers and jurisdiction, | 34928 |
| and receive the same compensation as other judges of the court of | 34929 |
| common pleas of Scioto county and shall be elected and designated | 34930 |
| as judge of the court of common pleas, division of domestic | 34931 |
| relations. The judge shall be assigned all divorce, dissolution of | 34932 |
| marriage, legal separation, and annulment cases, all cases arising | 34933 |
| under Chapter 3111. of the Revised Code, all proceedings involving | 34934 |
| child support, the allocation of parental rights and | 34935 |
| responsibilities for the care of children and the designation for | 34936 |
| the children of a place of residence and legal custodian, | 34937 |
| parenting time, visitation, and all post-decree proceedings and | 34938 |
| matters arising from those cases and proceedings, except in cases | 34939 |
| that for some special reason are assigned to another judge of the | 34940 |
| court of common pleas. The judge shall be charged with the | 34941 |
| assignment and division of the work of the division and with the | 34942 |
| employment and supervision of the personnel of the division. | 34943 |
| The judge shall designate the title, compensation, expense | 34944 |
| allowances, hours, leaves of absence, and vacations of the | 34945 |
| personnel of the division and shall fix the duties of the | 34946 |
| personnel of the division. The duties of the personnel, in | 34947 |
| addition to other statutory duties, include the handling, | 34948 |
| servicing, and investigation of divorce, dissolution of marriage, | 34949 |
| legal separation, and annulment cases, cases arising under Chapter | 34950 |
| 3111. of the Revised Code, and proceedings involving child | 34951 |
| support, the allocation of parental rights and responsibilities | 34952 |
| for the care of children and the designation for the children of a | 34953 |
| place of residence and legal custodian, parenting time, and | 34954 |
| visitation, and providing counseling and conciliation services | 34955 |
| that the division makes available to persons, whether or not the | 34956 |
| persons are parties to an action pending in the division, who | 34957 |
| request the services. | 34958 |
| (Y) In Auglaize county, the judge of the probate and juvenile | 34959 |
| divisions of the Auglaize county court of common pleas also shall | 34960 |
| be the administrative judge of the domestic relations division of | 34961 |
| the court and shall be assigned all divorce, dissolution of | 34962 |
| marriage, legal separation, and annulment cases coming before the | 34963 |
| court. The judge shall have all powers as administrator of the | 34964 |
| domestic relations division and shall have charge of the personnel | 34965 |
| engaged in handling, servicing, or investigating divorce, | 34966 |
| dissolution of marriage, legal separation, and annulment cases, | 34967 |
| including any referees considered necessary for the discharge of | 34968 |
| the judge's various duties. | 34969 |
| (Z)(1) In Marion county, the judge of the court of common | 34970 |
| pleas whose term begins on February 9, 1999, and the successors to | 34971 |
| that judge, shall have the same qualifications, exercise the same | 34972 |
| powers and jurisdiction, and receive the same compensation as the | 34973 |
| other judges of the court of common pleas of Marion county and | 34974 |
| shall be elected and designated as judge of the court of common | 34975 |
| pleas, domestic relations-juvenile-probate division. Except as | 34976 |
| otherwise specified in this division, that judge, and the | 34977 |
| successors to that judge, shall have all the powers relating to | 34978 |
| juvenile courts, and all cases under Chapters 2151. and 2152. of | 34979 |
| the Revised Code, all cases arising under Chapter 3111. of the | 34980 |
| Revised Code, all divorce, dissolution of marriage, legal | 34981 |
| separation, and annulment cases, all proceedings involving child | 34982 |
| support, the allocation of parental rights and responsibilities | 34983 |
| for the care of children and the designation for the children of a | 34984 |
| place of residence and legal custodian, parenting time, and | 34985 |
| visitation, and all post-decree proceedings and matters arising | 34986 |
| from those cases and proceedings shall be assigned to that judge | 34987 |
| and the successors to that judge. Except as provided in division | 34988 |
| (Z)(2) of this section and notwithstanding any other provision of | 34989 |
| any section of the Revised Code, on and after February 9, 2003, | 34990 |
| the judge of the court of common pleas of Marion county whose term | 34991 |
| begins on February 9, 1999, and the successors to that judge, | 34992 |
| shall have all the powers relating to the probate division of the | 34993 |
| court of common pleas of Marion county in addition to the powers | 34994 |
| previously specified in this division, and shall exercise | 34995 |
| concurrent jurisdiction with the judge of the probate division of | 34996 |
| that court over all matters that are within the jurisdiction of | 34997 |
| the probate division of that court under Chapter 2101., and other | 34998 |
| provisions, of the Revised Code in addition to the jurisdiction of | 34999 |
| the domestic relations-juvenile-probate division of that court | 35000 |
| otherwise specified in division (Z)(1) of this section. | 35001 |
| (2) The judge of the domestic relations-juvenile-probate | 35002 |
| division of the court of common pleas of Marion county or the | 35003 |
| judge of the probate division of the court of common pleas of | 35004 |
| Marion county, whichever of those judges is senior in total length | 35005 |
| of service on the court of common pleas of Marion county, | 35006 |
| regardless of the division or divisions of service, shall serve as | 35007 |
| the clerk of the probate division of the court of common pleas of | 35008 |
| Marion county. | 35009 |
| (3) On and after February 9, 2003, all references in law to | 35010 |
| "the probate court," "the probate judge," "the juvenile court," or | 35011 |
| "the judge of the juvenile court" shall be construed, with respect | 35012 |
| to Marion county, as being references to both "the probate | 35013 |
| division" and "the domestic relations-juvenile-probate division" | 35014 |
| and as being references to both "the judge of the probate | 35015 |
| division" and "the judge of the domestic relations- | 35016 |
| juvenile-probate division." On and after February 9, 2003, all | 35017 |
| references in law to "the clerk of the probate court" shall be | 35018 |
| construed, with respect to Marion county, as being references to | 35019 |
| the judge who is serving pursuant to division (Z)(2) of this | 35020 |
| section as the clerk of the probate division of the court of | 35021 |
| common pleas of Marion county. | 35022 |
| (AA) In Muskingum county, the judge of the court of common | 35023 |
| pleas whose term begins on January 2, 2003, and successors, shall | 35024 |
| have the same qualifications, exercise the same powers and | 35025 |
| jurisdiction, and receive the same compensation as the other | 35026 |
| judges of the court of common pleas of Muskingum county and shall | 35027 |
| be elected and designated as the judge of the court of common | 35028 |
| pleas, division of domestic relations. The judge shall be assigned | 35029 |
| all divorce, dissolution of marriage, legal separation, and | 35030 |
| annulment cases, all cases arising under Chapter 3111. of the | 35031 |
| Revised Code, all proceedings involving child support, the | 35032 |
| allocation of parental rights and responsibilities for the care of | 35033 |
| children and the designation for the children of a place of | 35034 |
| residence and legal custodian, parenting time, and visitation, and | 35035 |
| all post-decree proceedings and matters arising from those cases | 35036 |
| and proceedings, except in cases that for some special reason are | 35037 |
| assigned to another judge of the court of common pleas. The judge | 35038 |
| shall be charged with the assignment and division of the work of | 35039 |
| the division and with the employment and supervision of the | 35040 |
| personnel of the division. | 35041 |
| The judge shall designate the title, compensation, expense | 35042 |
| allowances, hours, leaves of absence, and vacations of the | 35043 |
| personnel of the division and shall fix the duties of the | 35044 |
| personnel of the division. The duties of the personnel of the | 35045 |
| division, in addition to other statutory duties, shall include the | 35046 |
| handling, servicing, and investigation of divorce, dissolution of | 35047 |
| marriage, legal separation, and annulment cases, cases arising | 35048 |
| under Chapter 3111. of the Revised Code, and proceedings involving | 35049 |
| child support, the allocation of parental rights and | 35050 |
| responsibilities for the care of children and the designation for | 35051 |
| the children of a place of residence and legal custodian, | 35052 |
| parenting time, and visitation and providing any counseling and | 35053 |
| conciliation services that the division makes available to | 35054 |
| persons, whether or not the persons are parties to an action | 35055 |
| pending in the division, who request the services. | 35056 |
| (BB) In Henry county, the judge of the court of common pleas | 35057 |
| whose term begins on January 1, 2005, and successors, shall have | 35058 |
| the same qualifications, exercise the same powers and | 35059 |
| jurisdiction, and receive the same compensation as the other judge | 35060 |
| of the court of common pleas of Henry county and shall be elected | 35061 |
| and designated as the judge of the court of common pleas, division | 35062 |
| of domestic relations. The judge shall have all of the powers | 35063 |
| relating to juvenile courts, and all cases under Chapter 2151. or | 35064 |
| 2152. of the Revised Code, all parentage proceedings arising under | 35065 |
| Chapter 3111. of the Revised Code over which the juvenile court | 35066 |
| has jurisdiction, all divorce, dissolution of marriage, legal | 35067 |
| separation, and annulment cases, all proceedings involving child | 35068 |
| support, the allocation of parental rights and responsibilities | 35069 |
| for the care of children and the designation for the children of a | 35070 |
| place of residence and legal custodian, parenting time, and | 35071 |
| visitation, and all post-decree proceedings and matters arising | 35072 |
| from those cases and proceedings shall be assigned to that judge, | 35073 |
| except in cases that for some special reason are assigned to the | 35074 |
| other judge of the court of common pleas. | 35075 |
| (CC)(1) In Logan county, the judge of the court of common | 35076 |
| pleas whose term begins January 2, 2005, and the successors to | 35077 |
| that judge, shall have the same qualifications, exercise the same | 35078 |
| powers and jurisdiction, and receive the same compensation as the | 35079 |
| other judges of the court of common pleas of Logan county and | 35080 |
| shall be elected and designated as judge of the court of common | 35081 |
| pleas, domestic relations-juvenile-probate division. Except as | 35082 |
| otherwise specified in this division, that judge, and the | 35083 |
| successors to that judge, shall have all the powers relating to | 35084 |
| juvenile courts, and all cases under Chapters 2151. and 2152. of | 35085 |
| the Revised Code, all cases arising under Chapter 3111. of the | 35086 |
| Revised Code, all divorce, dissolution of marriage, legal | 35087 |
| separation, and annulment cases, all proceedings involving child | 35088 |
| support, the allocation of parental rights and responsibilities | 35089 |
| for the care of children and designation for the children of a | 35090 |
| place of residence and legal custodian, parenting time, and | 35091 |
| visitation, and all post-decree proceedings and matters arising | 35092 |
| from those cases and proceedings shall be assigned to that judge | 35093 |
| and the successors to that judge. Notwithstanding any other | 35094 |
| provision of any section of the Revised Code, on and after January | 35095 |
| 2, 2005, the judge of the court of common pleas of Logan county | 35096 |
| whose term begins on January 2, 2005, and the successors to that | 35097 |
| judge, shall have all the powers relating to the probate division | 35098 |
| of the court of common pleas of Logan county in addition to the | 35099 |
| powers previously specified in this division and shall exercise | 35100 |
| concurrent jurisdiction with the judge of the probate division of | 35101 |
| that court over all matters that are within the jurisdiction of | 35102 |
| the probate division of that court under Chapter 2101., and other | 35103 |
| provisions, of the Revised Code in addition to the jurisdiction of | 35104 |
| the domestic relations-juvenile-probate division of that court | 35105 |
| otherwise specified in division (CC)(1) of this section. | 35106 |
| (2) The judge of the domestic relations-juvenile-probate | 35107 |
| division of the court of common pleas of Logan county or the | 35108 |
| probate judge of the court of common pleas of Logan county who is | 35109 |
| elected as the administrative judge of the probate division of the | 35110 |
| court of common pleas of Logan county pursuant to Rule 4 of the | 35111 |
| Rules of Superintendence shall be the clerk of the probate | 35112 |
| division and juvenile division of the court of common pleas of | 35113 |
| Logan county. The clerk of the court of common pleas who is | 35114 |
| elected pursuant to section 2303.01 of the Revised Code shall keep | 35115 |
| all of the journals, records, books, papers, and files pertaining | 35116 |
| to the domestic relations cases. | 35117 |
| (3) On and after January 2, 2005, all references in law to | 35118 |
| "the probate court," "the probate judge," "the juvenile court," or | 35119 |
| "the judge of the juvenile court" shall be construed, with respect | 35120 |
| to Logan county, as being references to both "the probate | 35121 |
| division" and the "domestic relations-juvenile-probate division" | 35122 |
| and as being references to both "the judge of the probate | 35123 |
| division" and the "judge of the domestic | 35124 |
| relations-juvenile-probate division." On and after January 2, | 35125 |
| 2005, all references in law to "the clerk of the probate court" | 35126 |
| shall be construed, with respect to Logan county, as being | 35127 |
| references to the judge who is serving pursuant to division | 35128 |
| (CC)(2) of this section as the clerk of the probate division of | 35129 |
| the court of common pleas of Logan county. | 35130 |
| (DD)(1) In Champaign county, the judge of the court of common | 35131 |
| pleas whose term begins February 9, 2003, and the judge of the | 35132 |
| court of common pleas whose term begins February 10, 2009, and the | 35133 |
| successors to those judges, shall have the same qualifications, | 35134 |
| exercise the same powers and jurisdiction, and receive the same | 35135 |
| compensation as the other judges of the court of common pleas of | 35136 |
| Champaign county and shall be elected and designated as judges of | 35137 |
| the court of common pleas, domestic relations-juvenile-probate | 35138 |
| division. Except as otherwise specified in this division, those | 35139 |
| judges, and the successors to those judges, shall have all the | 35140 |
| powers relating to juvenile courts, and all cases under Chapters | 35141 |
| 2151. and 2152. of the Revised Code, all cases arising under | 35142 |
| Chapter 3111. of the Revised Code, all divorce, dissolution of | 35143 |
| marriage, legal separation, and annulment cases, all proceedings | 35144 |
| involving child support, the allocation of parental rights and | 35145 |
| responsibilities for the care of children and the designation for | 35146 |
| the children of a place of residence and legal custodian, | 35147 |
| parenting time, and visitation, and all post-decree proceedings | 35148 |
| and matters arising from those cases and proceedings shall be | 35149 |
| assigned to those judges and the successors to those judges. | 35150 |
| Notwithstanding any other provision of any section of the Revised | 35151 |
| Code, on and after February 9, 2009, the judges designated by this | 35152 |
| division as judges of the court of common pleas of Champaign | 35153 |
| county, domestic relations-juvenile-probate division, and the | 35154 |
| successors to those judges, shall have all the powers relating to | 35155 |
| probate courts in addition to the powers previously specified in | 35156 |
| this division and shall exercise jurisdiction over all matters | 35157 |
| that are within the jurisdiction of probate courts under Chapter | 35158 |
| 2101., and other provisions, of the Revised Code in addition to | 35159 |
| the jurisdiction of the domestic relations-juvenile-probate | 35160 |
| division otherwise specified in division (DD)(1) of this section. | 35161 |
| (2) On and after February 9, 2009, all references in law to | 35162 |
| "the probate court," "the probate judge," "the juvenile court," or | 35163 |
| "the judge of the juvenile court" shall be construed with respect | 35164 |
| to Champaign county as being references to the "domestic | 35165 |
| relations-juvenile-probate division" and as being references to | 35166 |
| the "judge of the domestic relations-juvenile-probate division." | 35167 |
| On and after February 9, 2009, all references in law to "the clerk | 35168 |
| of the probate court" shall be construed with respect to Champaign | 35169 |
| county as being references to the judge who is serving pursuant to | 35170 |
| Rule 4 of the Rules of Superintendence for the Courts of Ohio as | 35171 |
| the administrative judge of the court of common pleas, domestic | 35172 |
| relations-juvenile-probate division. | 35173 |
| (EE) If a judge of the court of common pleas, division of | 35174 |
| domestic relations, or juvenile judge, of any of the counties | 35175 |
| mentioned in this section is sick, absent, or unable to perform | 35176 |
| that judge's judicial duties or the volume of cases pending in the | 35177 |
| judge's division necessitates it, the duties of that judge shall | 35178 |
| be performed by another judge of the court of common pleas of that | 35179 |
| county, assigned for that purpose by the presiding judge of the | 35180 |
| court of common pleas of that county to act in place of or in | 35181 |
| conjunction with that judge, as the case may require. | 35182 |
| Sec. 2303.201. (A)(1) The court of common pleas of any | 35183 |
| county may determine that for the efficient operation of the court | 35184 |
| additional funds are required to computerize the court, to make | 35185 |
| available computerized legal research services, or to do both. | 35186 |
| Upon making a determination that additional funds are required for | 35187 |
| either or both of those purposes, the court shall authorize and | 35188 |
| direct the clerk of the court of common pleas to charge one | 35189 |
| additional fee, not to exceed three dollars, on the filing of each | 35190 |
| cause of action or appeal under divisions (A), (Q), and (U) of | 35191 |
| section 2303.20 of the Revised Code. | 35192 |
| (2) All fees collected under division (A)(1) of this section | 35193 |
| shall be paid to the county treasurer. The treasurer shall place | 35194 |
| the funds from the fees in a separate fund to be disbursed, upon | 35195 |
| an order of the court, in an amount not greater than the actual | 35196 |
| cost to the court of procuring and maintaining computerization of | 35197 |
| the court, computerized legal research services, or both. | 35198 |
| (3) If the court determines that the funds in the fund | 35199 |
| described in division (A)(2) of this section are more than | 35200 |
| sufficient to satisfy the purpose for which the additional fee | 35201 |
| described in division (A)(1) of this section was imposed, the | 35202 |
| court may declare a surplus in the fund and expend those surplus | 35203 |
| funds for other appropriate technological expenses of the court. | 35204 |
| (B)(1) The court of common pleas of any county may determine | 35205 |
| that, for the efficient operation of the court, additional funds | 35206 |
| are required to computerize the office of the clerk of the court | 35207 |
| of common pleas and, upon that determination, authorize and direct | 35208 |
| the clerk of the court of common pleas to charge an additional | 35209 |
| fee, not to exceed ten dollars, on the filing of each cause of | 35210 |
| action or appeal, on the filing, docketing, and endorsing of each | 35211 |
| certificate of judgment, or on the docketing and indexing of each | 35212 |
| aid in execution or petition to vacate, revive, or modify a | 35213 |
| judgment under divisions (A), (P), (Q), (T), and (U) of section | 35214 |
| 2303.20 of the Revised Code. Subject to division (B)(2) of this | 35215 |
| section, all moneys collected under division (B)(1) of this | 35216 |
| section shall be paid to the county treasurer to be disbursed, | 35217 |
| upon an order of the court of common pleas and subject to | 35218 |
| appropriation by the board of county commissioners, in an amount | 35219 |
| no greater than the actual cost to the court of procuring and | 35220 |
| maintaining computer systems for the office of the clerk of the | 35221 |
| court of common pleas. | 35222 |
| (2) If the court of common pleas of a county makes the | 35223 |
| determination described in division (B)(1) of this section, the | 35224 |
| board of county commissioners of that county may issue one or more | 35225 |
| general obligation bonds for the purpose of procuring and | 35226 |
| maintaining the computer systems for the office of the clerk of | 35227 |
| the court of common pleas. In addition to the purposes stated in | 35228 |
| division (B)(1) of this section for which the moneys collected | 35229 |
| under that division may be expended, the moneys additionally may | 35230 |
| be expended to pay debt charges on and financing costs related to | 35231 |
| any general obligation bonds issued pursuant to division (B)(2) of | 35232 |
| this section as they become due. General obligation bonds issued | 35233 |
| pursuant to division (B)(2) of this section are Chapter 133. | 35234 |
| securities. | 35235 |
| (C) The court of common pleas shall collect the sum of | 35236 |
| 35237 | |
| new civil action or proceeding for the charitable public purpose | 35238 |
| of providing financial assistance to legal aid societies that | 35239 |
| operate within the state and to support the office of the state | 35240 |
| public defender. This division does not apply to a domestic | 35241 |
| relations division of a court of common pleas, except that the | 35242 |
| additional filing fee shall apply to proceedings concerning | 35243 |
| annulments, dissolutions of marriage, divorces, and legal | 35244 |
|
separation | 35245 |
| 35246 | |
| juvenile division of a court of common pleas; to a probate | 35247 |
| division of a court of common pleas, except that the additional | 35248 |
| filing fees shall apply to name change, guardianship, adoption, | 35249 |
| and decedents' estate proceedings; or to an execution on a | 35250 |
| judgment, proceeding in aid of execution, or other post-judgment | 35251 |
| proceeding arising out of a civil action. The filing fees required | 35252 |
| to be collected under this division shall be in addition to any | 35253 |
| other filing fees imposed in the action or proceeding and shall be | 35254 |
| collected at the time of the filing of the action or proceeding. | 35255 |
| The court shall not waive the payment of the additional filing | 35256 |
| fees in a new civil action or proceeding unless the court waives | 35257 |
| the advanced payment of all filing fees in the action or | 35258 |
| proceeding. All such moneys collected during a month except for an | 35259 |
| amount equal to up to one per cent of those moneys retained to | 35260 |
| cover administrative costs shall be transmitted on or before the | 35261 |
| twentieth day of the following month by the clerk of the court to | 35262 |
| the treasurer of state in a manner prescribed by the treasurer of | 35263 |
| state or by the Ohio legal assistance foundation. The treasurer of | 35264 |
| state shall deposit four per cent of the funds collected under | 35265 |
| this division to the credit of the civil case filing fee fund | 35266 |
| established under section 120.07 of the Revised Code and | 35267 |
| ninety-six per cent of the funds collected under this division to | 35268 |
| the credit of the legal aid fund established under section 120.52 | 35269 |
| of the Revised Code. | 35270 |
| The court may retain up to one per cent of the moneys it | 35271 |
| collects under this division to cover administrative costs, | 35272 |
| including the hiring of any additional personnel necessary to | 35273 |
| implement this division. If the court fails to transmit to the | 35274 |
| treasurer of state the moneys the court collects under this | 35275 |
| division in a manner prescribed by the treasurer of state or by | 35276 |
| the Ohio legal assistance foundation, the court shall forfeit the | 35277 |
| moneys the court retains under this division to cover | 35278 |
| administrative costs, including the hiring of any additional | 35279 |
| personnel necessary to implement this division, and shall transmit | 35280 |
| to the treasurer of state all moneys collected under this | 35281 |
| division, including the forfeited amount retained for | 35282 |
| administrative costs, for deposit in the legal aid fund. | 35283 |
| (D) On and after the thirtieth day after December 9, 1994, | 35284 |
| the court of common pleas shall collect the sum of thirty-two | 35285 |
| dollars as additional filing fees in each new action or proceeding | 35286 |
| for annulment, divorce, or dissolution of marriage for the purpose | 35287 |
| of funding shelters for victims of domestic violence pursuant to | 35288 |
| sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 35289 |
| required to be collected under this division shall be in addition | 35290 |
| to any other filing fees imposed in the action or proceeding and | 35291 |
| shall be collected at the time of the filing of the action or | 35292 |
| proceeding. The court shall not waive the payment of the | 35293 |
| additional filing fees in a new action or proceeding for | 35294 |
| annulment, divorce, or dissolution of marriage unless the court | 35295 |
| waives the advanced payment of all filing fees in the action or | 35296 |
| proceeding. On or before the twentieth day of each month, all | 35297 |
| moneys collected during the immediately preceding month pursuant | 35298 |
| to this division shall be deposited by the clerk of the court into | 35299 |
| the county treasury in the special fund used for deposit of | 35300 |
| additional marriage license fees as described in section 3113.34 | 35301 |
| of the Revised Code. Upon their deposit into the fund, the moneys | 35302 |
| shall be retained in the fund and expended only as described in | 35303 |
| section 3113.34 of the Revised Code. | 35304 |
| (E)(1) The court of common pleas may determine that, for the | 35305 |
| efficient operation of the court, additional funds are necessary | 35306 |
| to acquire and pay for special projects of the court, including, | 35307 |
| but not limited to, the acquisition of additional facilities or | 35308 |
| the rehabilitation of existing facilities, the acquisition of | 35309 |
| equipment, the hiring and training of staff, community service | 35310 |
| programs, mediation or dispute resolution services, the employment | 35311 |
| of magistrates, the training and education of judges, acting | 35312 |
| judges, and magistrates, and other related services. Upon that | 35313 |
| determination, the court by rule may charge a fee, in addition to | 35314 |
| all other court costs, on the filing of each criminal cause, civil | 35315 |
| action or proceeding, or judgment by confession. | 35316 |
| If the court of common pleas offers a special program or | 35317 |
| service in cases of a specific type, the court by rule may assess | 35318 |
| an additional charge in a case of that type, over and above court | 35319 |
| costs, to cover the special program or service. The court shall | 35320 |
| adjust the special assessment periodically, but not retroactively, | 35321 |
| so that the amount assessed in those cases does not exceed the | 35322 |
| actual cost of providing the service or program. | 35323 |
| All moneys collected under division (E) of this section shall | 35324 |
| be paid to the county treasurer for deposit into either a general | 35325 |
| special projects fund or a fund established for a specific special | 35326 |
| project. Moneys from a fund of that nature shall be disbursed upon | 35327 |
| an order of the court in an amount no greater than the actual cost | 35328 |
| to the court of a project. If a specific fund is terminated | 35329 |
| because of the discontinuance of a program or service established | 35330 |
| under division (E) of this section, the court may order that | 35331 |
| moneys remaining in the fund be transferred to an account | 35332 |
| established under this division for a similar purpose. | 35333 |
| (2) As used in division (E) of this section: | 35334 |
| (a) "Criminal cause" means a charge alleging the violation of | 35335 |
| a statute or ordinance, or subsection of a statute or ordinance, | 35336 |
| that requires a separate finding of fact or a separate plea before | 35337 |
| disposition and of which the defendant may be found guilty, | 35338 |
| whether filed as part of a multiple charge on a single summons, | 35339 |
| citation, or complaint or as a separate charge on a single | 35340 |
| summons, citation, or complaint. "Criminal cause" does not include | 35341 |
| separate violations of the same statute or ordinance, or | 35342 |
| subsection of the same statute or ordinance, unless each charge is | 35343 |
| filed on a separate summons, citation, or complaint. | 35344 |
| (b) "Civil action or proceeding" means any civil litigation | 35345 |
| that must be determined by judgment entry. | 35346 |
| Sec. 2315.50. (A) This section applies to an action | 35347 |
| maintained as a class action in which the settlement agreement or | 35348 |
| judgment includes a monetary award, including compensatory or | 35349 |
| punitive and exemplary damages, restitution, or any other payment | 35350 |
| of money due from each defendant to the members of the class. | 35351 |
| (B) It is the policy of this state, insofar as it is not | 35352 |
| inconsistent with federal law, that all unpaid moneys remaining | 35353 |
| after the distribution to the members of the class of monetary | 35354 |
| awards in class actions described in division (A) of this section | 35355 |
| shall be used for the charitable public purpose of providing | 35356 |
| financial assistance to legal aid societies that operate within | 35357 |
| this state. Not later than the twentieth day of the month | 35358 |
| immediately following the month during which the amount of unpaid | 35359 |
| moneys, if any, remaining after that distribution of the monetary | 35360 |
| award in the class action is identified, each defendant from whom | 35361 |
| the unpaid moneys are due, in a manner and form prescribed in the | 35362 |
| rules established by the Ohio legal assistance foundation under | 35363 |
| section 120.52 of the Revised Code, shall do both of the | 35364 |
| following: | 35365 |
| (1) Remit the sum of the unpaid moneys to the treasurer of | 35366 |
| state for deposit in the legal aid fund established under section | 35367 |
| 120.52 of the Revised Code; | 35368 |
| (2) Notify the Ohio legal assistance foundation of all of the | 35369 |
| following: | 35370 |
| (a) The amount of the sum of unpaid moneys remitted under | 35371 |
| division (B)(1) of this section; | 35372 |
| (b) The case name and case number of the class action and the | 35373 |
| court that approved the settlement agreement or rendered the | 35374 |
| judgment in the class action. | 35375 |
| Sec. 2317.422. (A) Notwithstanding sections 2317.40 and | 35376 |
| 2317.41 of the Revised Code but subject to division (B) of this | 35377 |
| section, the records, or copies or photographs of the records, of | 35378 |
| a hospital, homes required to be licensed pursuant to section | 35379 |
|
3721.01 of the Revised Code, and | 35380 |
|
to be licensed pursuant to Chapter 3722. of the Revised Code, | 35381 |
| 35382 | |
| 35383 | |
| their custodian, person who made them, or person under whose | 35384 |
| supervision they were made, may be qualified as authentic evidence | 35385 |
| if any such person endorses thereon the person's verified | 35386 |
| certification identifying such records, giving the mode and time | 35387 |
| of their preparation, and stating that they were prepared in the | 35388 |
| usual course of the business of the institution. Such records, | 35389 |
| copies, or photographs may not be qualified by certification as | 35390 |
| provided in this section unless the party intending to offer them | 35391 |
| delivers a copy of them, or of their relevant portions, to the | 35392 |
| attorney of record for each adverse party not less than five days | 35393 |
| before trial. Nothing in this section shall be construed to limit | 35394 |
| the right of any party to call the custodian, person who made such | 35395 |
| records, or person under whose supervision they were made, as a | 35396 |
| witness. | 35397 |
| (B) Division (A) of this section does not apply to any | 35398 |
| certified copy of the results of any test given to determine the | 35399 |
| presence or concentration of alcohol, a drug of abuse, a | 35400 |
| combination of them, a controlled substance, or a metabolite of a | 35401 |
| controlled substance in a patient's whole blood, blood serum or | 35402 |
| plasma, breath, or urine at any time relevant to a criminal | 35403 |
| offense that is submitted in a criminal action or proceeding in | 35404 |
| accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02 | 35405 |
| of the Revised Code. | 35406 |
| Sec. 2503.17. | 35407 |
| 35408 | |
|
supreme
court
shall charge and
collect | 35409 |
|
as a filing fee, for
each case entered
upon the | 35410 |
| 35411 | |
| 35412 | |
| 35413 | |
| 35414 | |
| 35415 | |
| filing fees so charged and collected shall be in full for | 35416 |
| 35417 | |
| 35418 | |
| 35419 | |
| 35420 | |
| 35421 | |
| 35422 | |
| 35423 | |
| each case filed in the supreme court under the Rules of Practice | 35424 |
| of the Supreme Court. The party invoking the action of the court | 35425 |
|
shall pay the filing fee to the clerk before
the case
| 35426 |
| docketed, and it shall be taxed as costs and recovered from the | 35427 |
| other party if the party invoking the action of the court | 35428 |
| succeeds, unless the court otherwise directs. | 35429 |
| | 35430 |
| 35431 |
| | 35432 |
| 35433 | |
| 35434 | |
| 35435 |
| | 35436 |
| 35437 | |
| 35438 | |
| 35439 | |
| 35440 |
| | 35441 |
| 35442 | |
| 35443 | |
| 35444 | |
| 35445 | |
| 35446 |
| | 35447 |
| 35448 | |
| 35449 | |
| 35450 | |
| 35451 |
| | 35452 |
| 35453 | |
| 35454 | |
| 35455 | |
| deposit shall be charged to an indigent party upon determination | 35456 |
| of indigency by the supreme court pursuant to the Rules of | 35457 |
| Practice of the Supreme Court. | 35458 |
| Sec. 2903.13. (A) No person shall knowingly cause or attempt | 35459 |
| to cause physical harm to another or to another's unborn. | 35460 |
| (B) No person shall recklessly cause serious physical harm to | 35461 |
| another or to another's unborn. | 35462 |
| (C) Whoever violates this section is guilty of assault, and | 35463 |
| the court shall sentence the offender as provided in this division | 35464 |
| and divisions (C)(1), (2), (3), (4), (5), and (6) of this section. | 35465 |
| Except as otherwise provided in division (C)(1), (2), (3), (4), or | 35466 |
| (5) of this section, assault is a misdemeanor of the first degree. | 35467 |
| (1) Except as otherwise provided in this division, if the | 35468 |
| offense is committed by a caretaker against a functionally | 35469 |
| impaired person under the caretaker's care, assault is a felony of | 35470 |
| the fourth degree. If the offense is committed by a caretaker | 35471 |
| against a functionally impaired person under the caretaker's care, | 35472 |
| if the offender previously has been convicted of or pleaded guilty | 35473 |
| to a violation of this section or section 2903.11 or 2903.16 of | 35474 |
| the Revised Code, and if in relation to the previous conviction | 35475 |
| the offender was a caretaker and the victim was a functionally | 35476 |
| impaired person under the offender's care, assault is a felony of | 35477 |
| the third degree. | 35478 |
| (2) If the offense is committed in any of the following | 35479 |
| circumstances, assault is a felony of the fifth degree: | 35480 |
| (a) The offense occurs in or on the grounds of a state | 35481 |
| correctional institution or an institution of the department of | 35482 |
| youth services, the victim of the offense is an employee of the | 35483 |
| department of rehabilitation and correction, the department of | 35484 |
| youth services, or a probation department or is on the premises of | 35485 |
| the particular institution for business purposes or as a visitor, | 35486 |
| and the offense is committed by a person incarcerated in the state | 35487 |
| correctional institution, by a person institutionalized in the | 35488 |
| department of youth services institution pursuant to a commitment | 35489 |
| to the department of youth services, by a parolee, by an offender | 35490 |
| under transitional control, under a community control sanction, or | 35491 |
| on an escorted visit, by a person under post-release control, or | 35492 |
| by an offender under any other type of supervision by a government | 35493 |
| agency. | 35494 |
| (b) The offense occurs in or on the grounds of a local | 35495 |
| correctional facility, the victim of the offense is an employee of | 35496 |
| the local correctional facility or a probation department or is on | 35497 |
| the premises of the facility for business purposes or as a | 35498 |
| visitor, and the offense is committed by a person who is under | 35499 |
| custody in the facility subsequent to the person's arrest for any | 35500 |
| crime or delinquent act, subsequent to the person's being charged | 35501 |
| with or convicted of any crime, or subsequent to the person's | 35502 |
| being alleged to be or adjudicated a delinquent child. | 35503 |
| (c) The offense occurs off the grounds of a state | 35504 |
| correctional institution and off the grounds of an institution of | 35505 |
| the department of youth services, the victim of the offense is an | 35506 |
| employee of the department of rehabilitation and correction, the | 35507 |
| department of youth services, or a probation department, the | 35508 |
| offense occurs during the employee's official work hours and while | 35509 |
| the employee is engaged in official work responsibilities, and the | 35510 |
| offense is committed by a person incarcerated in a state | 35511 |
| correctional institution or institutionalized in the department of | 35512 |
| youth services who temporarily is outside of the institution for | 35513 |
| any purpose, by a parolee, by an offender under transitional | 35514 |
| control, under a community control sanction, or on an escorted | 35515 |
| visit, by a person under post-release control, or by an offender | 35516 |
| under any other type of supervision by a government agency. | 35517 |
| (d) The offense occurs off the grounds of a local | 35518 |
| correctional facility, the victim of the offense is an employee of | 35519 |
| the local correctional facility or a probation department, the | 35520 |
| offense occurs during the employee's official work hours and while | 35521 |
| the employee is engaged in official work responsibilities, and the | 35522 |
| offense is committed by a person who is under custody in the | 35523 |
| facility subsequent to the person's arrest for any crime or | 35524 |
| delinquent act, subsequent to the person being charged with or | 35525 |
| convicted of any crime, or subsequent to the person being alleged | 35526 |
| to be or adjudicated a delinquent child and who temporarily is | 35527 |
| outside of the facility for any purpose or by a parolee, by an | 35528 |
| offender under transitional control, under a community control | 35529 |
| sanction, or on an escorted visit, by a person under post-release | 35530 |
| control, or by an offender under any other type of supervision by | 35531 |
| a government agency. | 35532 |
| (e) The victim of the offense is a school teacher or | 35533 |
| administrator or a school bus operator, and the offense occurs in | 35534 |
| a school, on school premises, in a school building, on a school | 35535 |
| bus, or while the victim is outside of school premises or a school | 35536 |
| bus and is engaged in duties or official responsibilities | 35537 |
| associated with the victim's employment or position as a school | 35538 |
| teacher or administrator or a school bus operator, including, but | 35539 |
| not limited to, driving, accompanying, or chaperoning students at | 35540 |
| or on class or field trips, athletic events, or other school | 35541 |
| extracurricular activities or functions outside of school | 35542 |
| premises. | 35543 |
| (3) If the victim of the offense is a peace officer or an | 35544 |
| investigator of the bureau of criminal identification and | 35545 |
| investigation, a firefighter, or a person performing emergency | 35546 |
| medical service, while in the performance of their official | 35547 |
| duties, assault is a felony of the fourth degree. | 35548 |
| (4) If the victim of the offense is a peace officer or an | 35549 |
| investigator of the bureau of criminal identification and | 35550 |
| investigation and if the victim suffered serious physical harm as | 35551 |
| a result of the commission of the offense, assault is a felony of | 35552 |
| the fourth degree, and the court, pursuant to division (F) of | 35553 |
| section 2929.13 of the Revised Code, shall impose as a mandatory | 35554 |
| prison term one of the prison terms prescribed for a felony of the | 35555 |
| fourth degree that is at least twelve months in duration. | 35556 |
| (5) If the victim of the offense is an officer or employee of | 35557 |
|
a public
children services agency | 35558 |
| agency, or an adult protective services agency and the offense | 35559 |
| relates to the officer's or employee's performance or anticipated | 35560 |
| performance of official responsibilities or duties, assault is | 35561 |
| either a felony of the fifth degree or, if the offender previously | 35562 |
| has been convicted of or pleaded guilty to an offense of violence, | 35563 |
| the victim of that prior offense was an officer or employee of a | 35564 |
|
public children
services agency | 35565 |
| agency, or an adult protective services agency, and that prior | 35566 |
| offense related to the officer's or employee's performance or | 35567 |
| anticipated performance of official responsibilities or duties, a | 35568 |
| felony of the fourth degree. | 35569 |
| (6) If an offender who is convicted of or pleads guilty to | 35570 |
| assault when it is a misdemeanor also is convicted of or pleads | 35571 |
| guilty to a specification as described in section 2941.1423 of the | 35572 |
| Revised Code that was included in the indictment, count in the | 35573 |
| indictment, or information charging the offense, the court shall | 35574 |
| sentence the offender to a mandatory jail term as provided in | 35575 |
| division (G) of section 2929.24 of the Revised Code. | 35576 |
| If an offender who is convicted of or pleads guilty to | 35577 |
| assault when it is a felony also is convicted of or pleads guilty | 35578 |
| to a specification as described in section 2941.1423 of the | 35579 |
| Revised Code that was included in the indictment, count in the | 35580 |
| indictment, or information charging the offense, except as | 35581 |
| otherwise provided in division (C)(4) of this section, the court | 35582 |
| shall sentence the offender to a mandatory prison term as | 35583 |
| provided in division (D)(8) of section 2929.14 of the Revised | 35584 |
| Code. | 35585 |
| (D) As used in this section: | 35586 |
| (1) "Peace officer" has the same meaning as in section | 35587 |
| 2935.01 of the Revised Code. | 35588 |
| (2) "Firefighter" has the same meaning as in section 3937.41 | 35589 |
| of the Revised Code. | 35590 |
| (3) "Emergency medical service" has the same meaning as in | 35591 |
| section 4765.01 of the Revised Code. | 35592 |
| (4) "Local correctional facility" means a county, | 35593 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 35594 |
| jail or workhouse, a minimum security jail established under | 35595 |
| section 341.23 or 753.21 of the Revised Code, or another county, | 35596 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 35597 |
| facility used for the custody of persons arrested for any crime or | 35598 |
| delinquent act, persons charged with or convicted of any crime, or | 35599 |
| persons alleged to be or adjudicated a delinquent child. | 35600 |
| (5) "Employee of a local correctional facility" means a | 35601 |
| person who is an employee of the political subdivision or of one | 35602 |
| or more of the affiliated political subdivisions that operates the | 35603 |
| local correctional facility and who operates or assists in the | 35604 |
| operation of the facility. | 35605 |
| (6) "School teacher or administrator" means either of the | 35606 |
| following: | 35607 |
| (a) A person who is employed in the public schools of the | 35608 |
| state under a contract described in section 3319.08 of the Revised | 35609 |
| Code in a position in which the person is required to have a | 35610 |
| certificate issued pursuant to sections 3319.22 to 3319.311 of the | 35611 |
| Revised Code. | 35612 |
| (b) A person who is employed by a nonpublic school for which | 35613 |
| the state board of education prescribes minimum standards under | 35614 |
| section 3301.07 of the Revised Code and who is certificated in | 35615 |
| accordance with section 3301.071 of the Revised Code. | 35616 |
| (7) "Community control sanction" has the same meaning as in | 35617 |
| section 2929.01 of the Revised Code. | 35618 |
| (8) "Escorted visit" means an escorted visit granted under | 35619 |
| section 2967.27 of the Revised Code. | 35620 |
| (9) "Post-release control" and "transitional control" have | 35621 |
| the same meanings as in section 2967.01 of the Revised Code. | 35622 |
| (10) "Investigator of the bureau of criminal identification | 35623 |
| and investigation" has the same meaning as in section 2903.11 of | 35624 |
| the Revised Code. | 35625 |
| Sec. 2903.21. (A) No person shall knowingly cause another to | 35626 |
| believe that the offender will cause serious physical harm to the | 35627 |
| person or property of the other person, the other person's unborn, | 35628 |
| or a member of the other person's immediate family. | 35629 |
| (B) Whoever violates this section is guilty of aggravated | 35630 |
| menacing. Except as otherwise provided in this division, | 35631 |
| aggravated menacing is a misdemeanor of the first degree. If the | 35632 |
| victim of the offense is an officer or employee of a public | 35633 |
|
children services agency | 35634 |
| adult protective services agency and the offense relates to the | 35635 |
| officer's or employee's performance or anticipated performance of | 35636 |
| official responsibilities or duties, aggravated menacing is a | 35637 |
| felony of the fifth degree or, if the offender previously has been | 35638 |
| convicted of or pleaded guilty to an offense of violence, the | 35639 |
| victim of that prior offense was an officer or employee of a | 35640 |
|
public children services agency | 35641 |
| agency, or an adult protective services agency, and that prior | 35642 |
| offense related to the officer's or employee's performance or | 35643 |
| anticipated performance of official responsibilities or duties, a | 35644 |
| felony of the fourth degree. | 35645 |
| Sec. 2903.211. (A)(1) No person by engaging in a pattern of | 35646 |
| conduct shall knowingly cause another person to believe that the | 35647 |
| offender will cause physical harm to the other person or cause | 35648 |
| mental distress to the other person. | 35649 |
| (2) No person, through the use of any electronic method of | 35650 |
| remotely transferring information, including, but not limited to, | 35651 |
| any computer, computer network, computer program, or computer | 35652 |
| system, shall post a message with purpose to urge or incite | 35653 |
| another to commit a violation of division (A)(1) of this section. | 35654 |
| (3) No person, with a sexual motivation, shall violate | 35655 |
| division (A)(1) or (2) of this section. | 35656 |
| (B) Whoever violates this section is guilty of menacing by | 35657 |
| stalking. | 35658 |
| (1) Except as otherwise provided in divisions (B)(2) and (3) | 35659 |
| of this section, menacing by stalking is a misdemeanor of the | 35660 |
| first degree. | 35661 |
| (2) Menacing by stalking is a felony of the fourth degree if | 35662 |
| any of the following applies: | 35663 |
| (a) The offender previously has been convicted of or pleaded | 35664 |
| guilty to a violation of this section or a violation of section | 35665 |
| 2911.211 of the Revised Code. | 35666 |
| (b) In committing the offense under division (A)(1), (2), or | 35667 |
| (3) of this section, the offender made a threat of physical harm | 35668 |
| to or against the victim, or as a result of an offense committed | 35669 |
| under division (A)(2) or (3) of this section, a third person | 35670 |
| induced by the offender's posted message made a threat of | 35671 |
| physical harm to or against the victim. | 35672 |
| (c) In committing the offense under division (A)(1), (2), or | 35673 |
| (3) of this section, the offender trespassed on the land or | 35674 |
| premises where the victim lives, is employed, or attends school, | 35675 |
| or as a result of an offense committed under division (A)(2) or | 35676 |
| (3) of this section, a third person induced by the offender's | 35677 |
| posted message trespassed on the land or premises where the victim | 35678 |
| lives, is employed, or attends school. | 35679 |
| (d) The victim of the offense is a minor. | 35680 |
| (e) The offender has a history of violence toward the victim | 35681 |
| or any other person or a history of other violent acts toward the | 35682 |
| victim or any other person. | 35683 |
| (f) While committing the offense under division (A)(1) of | 35684 |
| this section or a violation of division (A)(3) of this section | 35685 |
| based on conduct in violation of division (A)(1) of this section, | 35686 |
| the offender had a deadly weapon on or about the offender's person | 35687 |
| or under the offender's control. Division (B)(2)(f) of this | 35688 |
| section does not apply in determining the penalty for a violation | 35689 |
| of division (A)(2) of this section or a violation of division | 35690 |
| (A)(3) of this section based on conduct in violation of division | 35691 |
| (A)(2) of this section. | 35692 |
| (g) At the time of the commission of the offense, the | 35693 |
| offender was the subject of a protection order issued under | 35694 |
| section 2903.213 or 2903.214 of the Revised Code, regardless of | 35695 |
| whether the person to be protected under the order is the victim | 35696 |
| of the offense or another person. | 35697 |
| (h) In committing the offense under division (A)(1), (2), or | 35698 |
| (3) of this section, the offender caused serious physical harm to | 35699 |
| the premises at which the victim resides, to the real property on | 35700 |
| which that premises is located, or to any personal property | 35701 |
| located on that premises, or, as a result of an offense committed | 35702 |
| under division (A)(2) of this section or an offense committed | 35703 |
| under division (A)(3) of this section based on a violation of | 35704 |
| division (A)(2) of this section, a third person induced by the | 35705 |
| offender's posted message caused serious physical harm to that | 35706 |
| premises, that real property, or any personal property on that | 35707 |
| premises. | 35708 |
| (i) Prior to committing the offense, the offender had been | 35709 |
| determined to represent a substantial risk of physical harm to | 35710 |
| others as manifested by evidence of then-recent homicidal or other | 35711 |
| violent behavior, evidence of then-recent threats that placed | 35712 |
| another in reasonable fear of violent behavior and serious | 35713 |
| physical harm, or other evidence of then-present dangerousness. | 35714 |
| (3) If the victim of the offense is an officer or employee of | 35715 |
|
a public children services agency | 35716 |
| agency, or an adult protective services agency and the offense | 35717 |
| relates to the officer's or employee's performance or anticipated | 35718 |
| performance of official responsibilities or duties, menacing by | 35719 |
| stalking is either a felony of the fifth degree or, if the | 35720 |
| offender previously has been convicted of or pleaded guilty to an | 35721 |
| offense of violence, the victim of that prior offense was an | 35722 |
|
officer or employee of a
public children services agency | 35723 |
| private child placing agency, or an adult protective services | 35724 |
| agency, and that prior offense related to the officer's or | 35725 |
| employee's performance or anticipated performance of official | 35726 |
| responsibilities or duties, a felony of the fourth degree. | 35727 |
| (C) Section 2919.271 of the Revised Code applies in relation | 35728 |
| to a defendant charged with a violation of this section. | 35729 |
| (D) As used in this section: | 35730 |
| (1) "Pattern of conduct" means two or more actions or | 35731 |
| incidents closely related in time, whether or not there has been a | 35732 |
| prior conviction based on any of those actions or incidents. | 35733 |
| Actions or incidents that prevent, obstruct, or delay the | 35734 |
| performance by a public official, firefighter, rescuer, emergency | 35735 |
| medical services person, or emergency facility person of any | 35736 |
| authorized act within the public official's, firefighter's, | 35737 |
| rescuer's, emergency medical services person's, or emergency | 35738 |
| facility person's official capacity, or the posting of messages or | 35739 |
| receipt of information or data through the use of an electronic | 35740 |
| method of remotely transferring information, including, but not | 35741 |
| limited to, a computer, computer network, computer program, | 35742 |
| computer system, or telecommunications device, may constitute a | 35743 |
| "pattern of conduct." | 35744 |
| (2) "Mental distress" means any of the following: | 35745 |
| (a) Any mental illness or condition that involves some | 35746 |
| temporary substantial incapacity; | 35747 |
| (b) Any mental illness or condition that would normally | 35748 |
| require psychiatric treatment, psychological treatment, or other | 35749 |
| mental health services, whether or not any person requested or | 35750 |
| received psychiatric treatment, psychological treatment, or other | 35751 |
| mental health services. | 35752 |
| (3) "Emergency medical services person" is the singular of | 35753 |
| "emergency medical services personnel" as defined in section | 35754 |
| 2133.21 of the Revised Code. | 35755 |
| (4) "Emergency facility person" is the singular of "emergency | 35756 |
| facility personnel" as defined in section 2909.04 of the Revised | 35757 |
| Code. | 35758 |
| (5) "Public official" has the same meaning as in section | 35759 |
| 2921.01 of the Revised Code. | 35760 |
| (6) "Computer," "computer network," "computer program," | 35761 |
| "computer system," and "telecommunications device" have the same | 35762 |
| meanings as in section 2913.01 of the Revised Code. | 35763 |
| (7) "Post a message" means transferring, sending, posting, | 35764 |
| publishing, disseminating, or otherwise communicating, or | 35765 |
| attempting to transfer, send, post, publish, disseminate, or | 35766 |
| otherwise communicate, any message or information, whether | 35767 |
| truthful or untruthful, about an individual, and whether done | 35768 |
| under one's own name, under the name of another, or while | 35769 |
| impersonating another. | 35770 |
| (8) "Third person" means, in relation to conduct as described | 35771 |
| in division (A)(2) of this section, an individual who is neither | 35772 |
| the offender nor the victim of the conduct. | 35773 |
| (9) "Sexual motivation" has the same meaning as in section | 35774 |
| 2971.01 of the Revised Code. | 35775 |
| (E) The state does not need to prove in a prosecution under | 35776 |
| this section that a person requested or received psychiatric | 35777 |
| treatment, psychological treatment, or other mental health | 35778 |
| services in order to show that the person was caused mental | 35779 |
| distress as described in division (D)(2)(b) of this section. | 35780 |
| (F)(1) This section does not apply to a person solely because | 35781 |
| the person provided access or connection to or from an electronic | 35782 |
| method of remotely transferring information not under that | 35783 |
| person's control, including having provided capabilities that are | 35784 |
| incidental to providing access or connection to or from the | 35785 |
| electronic method of remotely transferring the information, and | 35786 |
| that do not include the creation of the content of the material | 35787 |
| that is the subject of the access or connection. In addition, any | 35788 |
| person providing access or connection to or from an electronic | 35789 |
| method of remotely transferring information not under that | 35790 |
| person's control shall not be liable for any action voluntarily | 35791 |
| taken in good faith to block the receipt or transmission through | 35792 |
| its service of any information that it believes is, or will be | 35793 |
| sent, in violation of this section. | 35794 |
| (2) Division (F)(1) of this section does not create an | 35795 |
| affirmative duty for any person providing access or connection to | 35796 |
| or from an electronic method of remotely transferring information | 35797 |
| not under that person's control to block the receipt or | 35798 |
| transmission through its service of any information that it | 35799 |
| believes is, or will be sent, in violation of this section except | 35800 |
| as otherwise provided by law. | 35801 |
| (3) Division (F)(1) of this section does not apply to a | 35802 |
| person who conspires with a person actively involved in the | 35803 |
| creation or knowing distribution of material in violation of this | 35804 |
| section or who knowingly advertises the availability of material | 35805 |
| of that nature. | 35806 |
| Sec. 2903.22. (A) No person shall knowingly cause another to | 35807 |
| believe that the offender will cause physical harm to the person | 35808 |
| or property of the other person, the other person's unborn, or a | 35809 |
| member of the other person's immediate family. | 35810 |
| (B) Whoever violates this section is guilty of menacing. | 35811 |
| Except as otherwise provided in this division, menacing is a | 35812 |
| misdemeanor of the fourth degree. If the victim of the offense is | 35813 |
|
an
officer or employee of a public
children services agency | 35814 |
| private child placing agency, or an adult protective services | 35815 |
| agency and the offense relates to the officer's or employee's | 35816 |
| performance or anticipated performance of official | 35817 |
| responsibilities or duties, menacing is a misdemeanor of the first | 35818 |
| degree or, if the offender previously has been convicted of or | 35819 |
| pleaded guilty to an offense of violence, the victim of that prior | 35820 |
| offense was an officer or employee of a public children services | 35821 |
|
agency | 35822 |
| services agency, and that prior offense related to the officer's | 35823 |
| or employee's performance or anticipated performance of official | 35824 |
| responsibilities or duties, a felony of the fourth degree. | 35825 |
| Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the | 35826 |
| Revised Code: | 35827 |
| (A) "Care facility" means any of the following: | 35828 |
| (1) Any "home" as defined in section 3721.10 or 5111.20 of | 35829 |
| the Revised Code; | 35830 |
| (2) Any "residential facility" as defined in section 5123.19 | 35831 |
| of the Revised Code; | 35832 |
| (3) Any institution or facility operated or provided by the | 35833 |
| department of mental health or by the department of mental | 35834 |
| retardation and developmental disabilities pursuant to sections | 35835 |
| 5119.02 and 5123.03 of the Revised Code; | 35836 |
| (4) Any "residential facility" as defined in section 5119.22 | 35837 |
| of the Revised Code; | 35838 |
| (5) Any unit of any hospital, as defined in section 3701.01 | 35839 |
| of the Revised Code, that provides the same services as a nursing | 35840 |
| home, as defined in section 3721.01 of the Revised Code; | 35841 |
| (6) Any institution, residence, or facility that provides, | 35842 |
| for a period of more than twenty-four hours, whether for a | 35843 |
| consideration or not, accommodations to one individual or two | 35844 |
| unrelated individuals who are dependent upon the services of | 35845 |
| others; | 35846 |
| (7) Any "adult care facility" as defined in section 3722.01 | 35847 |
| of the Revised Code; | 35848 |
| (8) Any adult foster home certified by the department of | 35849 |
|
aging or its designee under section 173.36 of the Revised Code | 35850 |
| | 35851 |
| 35852 |
| (B) "Abuse" means knowingly causing physical harm or | 35853 |
| recklessly causing serious physical harm to a person by physical | 35854 |
| contact with the person or by the inappropriate use of a physical | 35855 |
| or chemical restraint, medication, or isolation on the person. | 35856 |
| (C)(1) "Gross neglect" means knowingly failing to provide a | 35857 |
| person with any treatment, care, goods, or service that is | 35858 |
| necessary to maintain the health or safety of the person when the | 35859 |
| failure results in physical harm or serious physical harm to the | 35860 |
| person. | 35861 |
| (2) "Neglect" means recklessly failing to provide a person | 35862 |
| with any treatment, care, goods, or service that is necessary to | 35863 |
| maintain the health or safety of the person when the failure | 35864 |
| results in serious physical harm to the person. | 35865 |
| (D) "Inappropriate use of a physical or chemical restraint, | 35866 |
| medication, or isolation" means the use of physical or chemical | 35867 |
| restraint, medication, or isolation as punishment, for staff | 35868 |
| convenience, excessively, as a substitute for treatment, or in | 35869 |
| quantities that preclude habilitation and treatment. | 35870 |
| Sec. 2911.21. (A) No person, without privilege to do so, | 35871 |
| shall do any of the following: | 35872 |
| (1) Knowingly enter or remain on the land or premises of | 35873 |
| another; | 35874 |
| (2) Knowingly enter or remain on the land or premises of | 35875 |
| another, the use of which is lawfully restricted to certain | 35876 |
| persons, purposes, modes, or hours, when the offender knows the | 35877 |
| offender is in violation of any such restriction or is reckless in | 35878 |
| that regard; | 35879 |
| (3) Recklessly enter or remain on the land or premises of | 35880 |
| another, as to which notice against unauthorized access or | 35881 |
| presence is given by actual communication to the offender, or in a | 35882 |
| manner prescribed by law, or by posting in a manner reasonably | 35883 |
| calculated to come to the attention of potential intruders, or by | 35884 |
| fencing or other enclosure manifestly designed to restrict access; | 35885 |
| (4) Being on the land or premises of another, negligently | 35886 |
| fail or refuse to leave upon being notified by signage posted in a | 35887 |
| conspicuous place or otherwise being notified to do so by the | 35888 |
| owner or occupant, or the agent or servant of either. | 35889 |
| (B) It is no defense to a charge under this section that the | 35890 |
| land or premises involved was owned, controlled, or in custody of | 35891 |
| a public agency. | 35892 |
| (C) It is no defense to a charge under this section that the | 35893 |
| offender was authorized to enter or remain on the land or premises | 35894 |
| involved, when such authorization was secured by deception. | 35895 |
| (D)(1) Whoever violates this section is guilty of criminal | 35896 |
| trespass, a misdemeanor of the fourth degree. | 35897 |
| (2) Notwithstanding section 2929.28 of the Revised Code, if | 35898 |
|
the person, in committing the violation of this section, used
| 35899 |
| a snowmobile, off-highway motorcycle, or all-purpose vehicle, the | 35900 |
| court shall impose a fine of two times the usual amount imposed | 35901 |
| for the violation. | 35902 |
| (3) If an offender previously has been convicted of or | 35903 |
| pleaded guilty to two or more violations of this section or a | 35904 |
| substantially equivalent municipal ordinance, and the offender, in | 35905 |
|
committing each violation, used | 35906 |
| motorcycle, or all-purpose vehicle, the court, in addition to or | 35907 |
| independent of all other penalties imposed for the violation, may | 35908 |
| impound the certificate of registration of that snowmobile or | 35909 |
| off-highway motorcycle or the certificate of registration and | 35910 |
| license plate of that all-purpose vehicle for not less than sixty | 35911 |
| days. In such a case, section 4519.47 of the Revised Code applies. | 35912 |
| (E) Notwithstanding any provision of the Revised Code, if the | 35913 |
| offender, in committing the violation of this section, used an | 35914 |
| all-purpose vehicle, the clerk of the court shall pay the fine | 35915 |
| imposed pursuant to this section to the state recreational vehicle | 35916 |
| fund created by section 4519.11 of the Revised Code. | 35917 |
| (F) As used in this section: | 35918 |
| (1) "All-purpose vehicle," | 35919 |
|
"snowmobile" have the same | 35920 |
| of the Revised Code. | 35921 |
| (2) "Land or premises" includes any land, building, | 35922 |
| structure, or place belonging to, controlled by, or in custody of | 35923 |
| another, and any separate enclosure or room, or portion thereof. | 35924 |
| Sec. 2913.46. (A)(1) As used in this section: | 35925 |
| (a) "Electronically transferred benefit" means the transfer | 35926 |
|
of | 35927 |
| or WIC program benefits through the use of an access device. | 35928 |
| (b) "WIC program benefits" includes money, coupons, delivery | 35929 |
| verification receipts, other documents, food, or other property | 35930 |
| received directly or indirectly pursuant to section 17 of the | 35931 |
| "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as | 35932 |
| amended. | 35933 |
| (c) "Access device" means any card, plate, code, account | 35934 |
| number, or other means of access that can be used, alone or in | 35935 |
| conjunction with another access device, to obtain payments, | 35936 |
| allotments, benefits, money, goods, or other things of value or | 35937 |
| that can be used to initiate a transfer of funds pursuant to | 35938 |
|
section 5101.33 of the Revised Code and the | 35939 |
|
Nutrition Act of
| 35940 |
| seq.), or any supplemental food program administered by any | 35941 |
| department of this state or any county or local agency pursuant to | 35942 |
| section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 | 35943 |
| U.S.C.A. 1786, as amended. An "access device" may include any | 35944 |
| electronic debit card or other means authorized by section 5101.33 | 35945 |
| of the Revised Code. | 35946 |
| | 35947 |
| supplemental nutrition assistance program benefits, WIC program | 35948 |
| benefits, and electronically transferred benefits involved in the | 35949 |
|
violation" means the
total face value of any | 35950 |
| supplemental nutrition assistance program benefits, plus the total | 35951 |
| face value of WIC program coupons or delivery verification | 35952 |
| receipts, plus the total value of other WIC program benefits, plus | 35953 |
| the total value of any electronically transferred benefit or other | 35954 |
| access device, involved in the violation. | 35955 |
| | 35956 |
| or other access device" means the total value of the payments, | 35957 |
| allotments, benefits, money, goods, or other things of value that | 35958 |
| may be obtained, or the total value of funds that may be | 35959 |
| transferred, by use of any electronically transferred benefit or | 35960 |
| other access device at the time of violation. | 35961 |
| (2) If | 35962 |
| program benefits, WIC program benefits, or electronically | 35963 |
| transferred benefits or other access devices of various values are | 35964 |
| used, transferred, bought, acquired, altered, purchased, | 35965 |
| possessed, presented for redemption, or transported in violation | 35966 |
| of this section over a period of twelve months, the course of | 35967 |
|
conduct may be charged as one offense and the values of | 35968 |
| 35969 | |
| program benefits, or any electronically transferred benefits or | 35970 |
| other access devices may be aggregated in determining the degree | 35971 |
| of the offense. | 35972 |
| (B) No individual shall knowingly possess, buy, sell, use, | 35973 |
|
alter, accept, or transfer | 35974 |
| nutrition assistance program benefits, WIC program benefits, or | 35975 |
| any electronically transferred benefit in any manner not | 35976 |
|
authorized by the | 35977 |
| 35978 | |
|
the
"Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. | 35979 |
| as amended. | 35980 |
| (C) No organization, as defined in division (D) of section | 35981 |
| 2901.23 of the Revised Code, shall do either of the following: | 35982 |
| (1) Knowingly allow an employee or agent to sell, transfer, | 35983 |
| or trade items or services, the purchase of which is prohibited by | 35984 |
|
the | 35985 |
|
U.S.C. | 35986 |
|
Nutrition Act of
1966," 80 Stat. 885, 42 U.S.C. | 35987 |
|
amended, in exchange for
| 35988 |
| assistance program benefits, WIC program benefits, or any | 35989 |
| electronically transferred benefit; | 35990 |
| (2) Negligently allow an employee or agent to sell, transfer, | 35991 |
|
or
exchange | 35992 |
| program benefits, WIC program benefits, or any electronically | 35993 |
| transferred benefit for anything of value. | 35994 |
| (D) Whoever violates this section is guilty of illegal use of | 35995 |
| 35996 | |
| WIC program benefits. Except as otherwise provided in this | 35997 |
|
division, illegal use of | 35998 |
| assistance program benefits or WIC program benefits is a felony of | 35999 |
|
the fifth degree. If the aggregate value of the | 36000 |
| supplemental nutrition assistance program benefits, WIC program | 36001 |
| benefits, and electronically transferred benefits involved in the | 36002 |
| violation is five hundred dollars or more and is less than five | 36003 |
|
thousand dollars, illegal use of | 36004 |
| nutrition assistance program benefits or WIC program benefits is | 36005 |
| a felony of the fourth degree. If the aggregate value of the | 36006 |
| 36007 | |
| benefits, WIC program benefits, and electronically transferred | 36008 |
| benefits involved in the violation is five thousand dollars or | 36009 |
| more and is less than one hundred thousand dollars, illegal use | 36010 |
|
of
| 36011 |
| benefits or WIC program benefits is a felony of the third | 36012 |
|
degree.
If the
aggregate
value
of the
| 36013 |
| supplemental nutrition assistance program benefits, WIC program | 36014 |
| benefits, and electronically transferred benefits involved in | 36015 |
| the violation is one hundred thousand dollars or more, illegal | 36016 |
|
use
of
| 36017 |
| benefits or WIC program benefits is a felony of the second | 36018 |
| degree. | 36019 |
| Sec. 2921.13. (A) No person shall knowingly make a false | 36020 |
| statement, or knowingly swear or affirm the truth of a false | 36021 |
| statement previously made, when any of the following applies: | 36022 |
| (1) The statement is made in any official proceeding. | 36023 |
| (2) The statement is made with purpose to incriminate | 36024 |
| another. | 36025 |
| (3) The statement is made with purpose to mislead a public | 36026 |
| official in performing the public official's official function. | 36027 |
| (4) The statement is made with purpose to secure the payment | 36028 |
| of unemployment compensation; Ohio works first; prevention, | 36029 |
| retention, and contingency benefits and services; disability | 36030 |
| financial assistance; retirement benefits; economic development | 36031 |
| assistance, as defined in section 9.66 of the Revised Code; or | 36032 |
| other benefits administered by a governmental agency or paid out | 36033 |
| of a public treasury. | 36034 |
| (5) The statement is made with purpose to secure the issuance | 36035 |
| by a governmental agency of a license, permit, authorization, | 36036 |
| certificate, registration, release, or provider agreement. | 36037 |
| (6) The statement is sworn or affirmed before a notary public | 36038 |
| or another person empowered to administer oaths. | 36039 |
| (7) The statement is in writing on or in connection with a | 36040 |
| report or return that is required or authorized by law. | 36041 |
| (8) The statement is in writing and is made with purpose to | 36042 |
| induce another to extend credit to or employ the offender, to | 36043 |
| confer any degree, diploma, certificate of attainment, award of | 36044 |
| excellence, or honor on the offender, or to extend to or bestow | 36045 |
| upon the offender any other valuable benefit or distinction, when | 36046 |
| the person to whom the statement is directed relies upon it to | 36047 |
| that person's detriment. | 36048 |
| (9) The statement is made with purpose to commit or | 36049 |
| facilitate the commission of a theft offense. | 36050 |
| (10) The statement is knowingly made to a probate court in | 36051 |
| connection with any action, proceeding, or other matter within its | 36052 |
| jurisdiction, either orally or in a written document, including, | 36053 |
| but not limited to, an application, petition, complaint, or other | 36054 |
| pleading, or an inventory, account, or report. | 36055 |
| (11) The statement is made on an account, form, record, | 36056 |
| stamp, label, or other writing that is required by law. | 36057 |
| (12) The statement is made in connection with the purchase of | 36058 |
| a firearm, as defined in section 2923.11 of the Revised Code, and | 36059 |
| in conjunction with the furnishing to the seller of the firearm of | 36060 |
| a fictitious or altered driver's or commercial driver's license or | 36061 |
| permit, a fictitious or altered identification card, or any other | 36062 |
| document that contains false information about the purchaser's | 36063 |
| identity. | 36064 |
| (13) The statement is made in a document or instrument of | 36065 |
| writing that purports to be a judgment, lien, or claim of | 36066 |
| indebtedness and is filed or recorded with the secretary of state, | 36067 |
| a county recorder, or the clerk of a court of record. | 36068 |
| (14) | 36069 |
| 36070 | |
| 36071 | |
| 36072 |
| | 36073 |
| county sheriff pursuant to section 2923.125 of the Revised Code in | 36074 |
| order to obtain or renew a license to carry a concealed handgun or | 36075 |
| is made in an affidavit submitted to a county sheriff to obtain a | 36076 |
| temporary emergency license to carry a concealed handgun under | 36077 |
| section 2923.1213 of the Revised Code. | 36078 |
| | 36079 |
| the Revised Code in connection with the person's purchase of | 36080 |
| cigarettes or tobacco products in a delivery sale. | 36081 |
| (B) No person, in connection with the purchase of a firearm, | 36082 |
| as defined in section 2923.11 of the Revised Code, shall knowingly | 36083 |
| furnish to the seller of the firearm a fictitious or altered | 36084 |
| driver's or commercial driver's license or permit, a fictitious or | 36085 |
| altered identification card, or any other document that contains | 36086 |
| false information about the purchaser's identity. | 36087 |
| (C) No person, in an attempt to obtain a license to carry a | 36088 |
| concealed handgun under section 2923.125 of the Revised Code, | 36089 |
| shall knowingly present to a sheriff a fictitious or altered | 36090 |
| document that purports to be certification of the person's | 36091 |
| competence in handling a handgun as described in division (B)(3) | 36092 |
| of section 2923.125 of the Revised Code. | 36093 |
| (D) It is no defense to a charge under division (A)(6) of | 36094 |
| this section that the oath or affirmation was administered or | 36095 |
| taken in an irregular manner. | 36096 |
| (E) If contradictory statements relating to the same fact are | 36097 |
| made by the offender within the period of the statute of | 36098 |
| limitations for falsification, it is not necessary for the | 36099 |
| prosecution to prove which statement was false but only that one | 36100 |
| or the other was false. | 36101 |
| (F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 36102 |
|
(6), (7), (8), (10), (11), (13), | 36103 |
| is guilty of falsification, a misdemeanor of the first degree. | 36104 |
| (2) Whoever violates division (A)(9) of this section is | 36105 |
| guilty of falsification in a theft offense. Except as otherwise | 36106 |
| provided in this division, falsification in a theft offense is a | 36107 |
| misdemeanor of the first degree. If the value of the property or | 36108 |
| services stolen is five hundred dollars or more and is less than | 36109 |
| five thousand dollars, falsification in a theft offense is a | 36110 |
| felony of the fifth degree. If the value of the property or | 36111 |
| services stolen is five thousand dollars or more and is less than | 36112 |
| one hundred thousand dollars, falsification in a theft offense is | 36113 |
| a felony of the fourth degree. If the value of the property or | 36114 |
| services stolen is one hundred thousand dollars or more, | 36115 |
| falsification in a theft offense is a felony of the third degree. | 36116 |
| (3) Whoever violates division (A)(12) or (B) of this section | 36117 |
| is guilty of falsification to purchase a firearm, a felony of the | 36118 |
| fifth degree. | 36119 |
| (4) Whoever violates division (A) | 36120 |
| section is guilty of falsification to obtain a concealed handgun | 36121 |
| license, a felony of the fourth degree. | 36122 |
| (G) A person who violates this section is liable in a civil | 36123 |
| action to any person harmed by the violation for injury, death, or | 36124 |
| loss to person or property incurred as a result of the commission | 36125 |
| of the offense and for reasonable attorney's fees, court costs, | 36126 |
| and other expenses incurred as a result of prosecuting the civil | 36127 |
| action commenced under this division. A civil action under this | 36128 |
| division is not the exclusive remedy of a person who incurs | 36129 |
| injury, death, or loss to person or property as a result of a | 36130 |
| violation of this section. | 36131 |
| Sec. 2937.22. (A) Bail is security for the appearance of an | 36132 |
| accused to appear and answer to a specific criminal or | 36133 |
| quasi-criminal charge in any court or before any magistrate at a | 36134 |
| specific time or at any time to which a case may be continued, and | 36135 |
| not depart without leave. It may take any of the following forms: | 36136 |
| | 36137 |
|
person for | 36138 |
| | 36139 |
| 36140 | |
| or any political subdivision thereof in a face amount equal to the | 36141 |
| sum set by the court or magistrate. In case of bonds not | 36142 |
| negotiable by delivery such bonds shall be properly endorsed for | 36143 |
| transfer. | 36144 |
| | 36145 |
| forfeit the sum of money set by the court or magistrate, if the | 36146 |
| accused is in default for appearance, which shall be known as a | 36147 |
| recognizance. | 36148 |
| (B) Whenever a person is charged with any offense other than | 36149 |
| a traffic offense that is not a moving violation and posts bail, | 36150 |
| the person shall pay a surcharge of twenty-five dollars. The clerk | 36151 |
| of the court shall retain the twenty-five dollars until the person | 36152 |
| is convicted, pleads guilty, forfeits bail, is found not guilty, | 36153 |
| or has the charges dismissed. If the person is convicted, pleads | 36154 |
| guilty, or forfeits bail, the clerk shall transmit the twenty-five | 36155 |
| dollars on or before the twentieth day of the month following the | 36156 |
| month in which the person was convicted, pleaded guilty, or | 36157 |
| forfeited bail to the treasurer of state, and the treasurer of | 36158 |
| state shall deposit it into the indigent defense support fund | 36159 |
| created under section 120.08 of the Revised Code. If the person is | 36160 |
| found not guilty or the charges are dismissed, the clerk shall | 36161 |
| return the twenty-five dollars to the person. | 36162 |
| (C) All bail shall be received by the clerk of the court, | 36163 |
| deputy clerk of court, or by the magistrate, or by a special | 36164 |
| referee appointed by the supreme court pursuant to section 2937.46 | 36165 |
| of the Revised Code, and, except in cases of recognizances, | 36166 |
|
receipt shall be given therefor | 36167 |
| (D) As used in this section, "moving violation" has the same | 36168 |
| meaning as in section 2743.70 of the Revised Code. | 36169 |
| Sec. 2949.091. (A)(1)(a) The court | 36170 |
|
convicted of or pleads guilty to any offense | 36171 |
| 36172 | |
| 36173 | |
| addition to any other court costs that the court is required by | 36174 |
| law to impose upon the offender: | 36175 |
| (i) Thirty dollars if the offense is a felony; | 36176 |
| (ii) Twenty dollars if the offense is a misdemeanor other | 36177 |
| than a traffic offense that is not a moving violation; | 36178 |
| (iii) Ten dollars if the offense is a traffic offense that | 36179 |
|
is not a moving violation, excluding parking violations. | 36180 |
| (b) All moneys collected pursuant to division (A)(1)(a) of | 36181 |
| this section during a month shall be transmitted on or before the | 36182 |
| twentieth day of the following month by the clerk of the court to | 36183 |
| the treasurer of state and deposited by the treasurer of state | 36184 |
| 36185 | |
| fund established under section 120.08 of the Revised Code. The | 36186 |
|
court shall not waive the payment
of the additional | 36187 |
| 36188 | |
| court determines that the offender is indigent and waives the | 36189 |
| payment of all court costs imposed upon the indigent offender. | 36190 |
| (2)(a) The juvenile court | 36191 |
|
delinquent child or a juvenile traffic offender for an act | 36192 |
| that,
if committed by an adult, would be an offense | 36193 |
| 36194 | |
|
of the
| 36195 |
| in addition to any other court costs that the court is required | 36196 |
| or permitted by law to impose upon the delinquent child or | 36197 |
| juvenile traffic offender: | 36198 |
| (i) Thirty dollars if the offense is a felony; | 36199 |
| (ii) Twenty dollars if the offense is a misdemeanor other | 36200 |
| than a traffic offense that is not a moving violation; | 36201 |
| (iii) Ten dollars if the offense is a traffic offense that | 36202 |
|
is not a moving violation, excluding parking violations.
| 36203 |
| (b) All moneys collected pursuant to division (A)(2)(a) of | 36204 |
| this section during a month shall be transmitted on or before the | 36205 |
| twentieth day of the following month by the clerk of the court to | 36206 |
| the treasurer of state and deposited by the treasurer of state | 36207 |
| 36208 | |
| fund established under section 120.08 of the Revised Code. The | 36209 |
| 36210 | |
| be collected in all cases unless the court determines the juvenile | 36211 |
| is indigent and waives the payment of all court costs, or enters | 36212 |
| an order on its journal stating that it has determined that the | 36213 |
| juvenile is indigent, that no other court costs are to be taxed in | 36214 |
|
the case,
and that the payment of the | 36215 |
| twenty-, or ten-dollar court costs is waived. | 36216 |
| (B) Whenever a person is charged with any offense | 36217 |
| 36218 | |
| described in division (A)(1) of this section, the court shall add | 36219 |
|
to the amount of the bail the | 36220 |
| dollars required to be paid by division (A)(1) of this section. | 36221 |
|
The | 36222 |
| the clerk of the court until the person is convicted, pleads | 36223 |
| guilty, forfeits bail, is found not guilty, or has the charges | 36224 |
| dismissed. If the person is convicted, pleads guilty, or forfeits | 36225 |
|
bail, the
clerk shall transmit the | 36226 |
| dollars on or before the twentieth day of the month following the | 36227 |
| month in which the person was convicted, pleaded guilty, or | 36228 |
| forfeited bail to the treasurer of state, who shall deposit it | 36229 |
| 36230 | |
| support fund established under section 120.08 of the Revised | 36231 |
| Code. If the person is found not guilty or the charges are | 36232 |
|
dismissed, the clerk shall return the | 36233 |
| ten dollars to the person. | 36234 |
| (C) No person shall be placed or held in a detention facility | 36235 |
|
for failing to pay the additional | 36236 |
| twenty-, or ten-dollar court costs or bail that are required to | 36237 |
| be paid by this section. | 36238 |
| (D) As used in this section: | 36239 |
| (1) "Moving violation" and "bail" have the same meanings as | 36240 |
| in section 2743.70 of the Revised Code. | 36241 |
| (2) "Detention facility" has the same meaning as in section | 36242 |
| 2921.01 of the Revised Code. | 36243 |
| Sec. 2949.111. (A) As used in this section: | 36244 |
| (1) "Court costs" means any assessment that the court | 36245 |
| requires an offender to pay to defray the costs of operating the | 36246 |
| court. | 36247 |
| (2) "State fines or costs" means any costs imposed or | 36248 |
| forfeited bail collected by the court under section 2743.70 of the | 36249 |
| Revised Code for deposit into the reparations fund or under | 36250 |
|
section 2949.091 of the Revised Code for deposit into the
| 36251 |
| 36252 | |
| 120.08 of the Revised Code and all fines, penalties, and forfeited | 36253 |
| bail collected by the court and paid to a law library association | 36254 |
| under sections 3375.50 to 3375.53 of the Revised Code. | 36255 |
| (3) "Reimbursement" means any reimbursement for the costs of | 36256 |
| confinement that the court orders an offender to pay pursuant to | 36257 |
| section 2929.28 of the Revised Code, any supervision fee, any fee | 36258 |
| for the costs of house arrest with electronic monitoring that an | 36259 |
| offender agrees to pay, any reimbursement for the costs of an | 36260 |
| investigation or prosecution that the court orders an offender to | 36261 |
| pay pursuant to section 2929.71 of the Revised Code, or any other | 36262 |
| costs that the court orders an offender to pay. | 36263 |
| (4) "Supervision fees" means any fees that a court, pursuant | 36264 |
| to sections 2929.18, 2929.28, and 2951.021 of the Revised Code, | 36265 |
| requires an offender who is under a community control sanction to | 36266 |
| pay for supervision services. | 36267 |
| (5) "Community control sanction" has the same meaning as in | 36268 |
| section 2929.01 of the Revised Code. | 36269 |
| (B) Unless the court, in accordance with division (C) of this | 36270 |
| section, enters in the record of the case a different method of | 36271 |
| assigning payments, if a person who is charged with a misdemeanor | 36272 |
| is convicted of or pleads guilty to the offense, if the court | 36273 |
| orders the offender to pay any combination of court costs, state | 36274 |
| fines or costs, restitution, a conventional fine, or any | 36275 |
| reimbursement, and if the offender makes any payment of any of | 36276 |
| them to a clerk of court, the clerk shall assign the offender's | 36277 |
| payment in the following manner: | 36278 |
| (1) If the court ordered the offender to pay any court costs, | 36279 |
| the offender's payment shall be assigned toward the satisfaction | 36280 |
| of those court costs until they have been entirely paid. | 36281 |
| (2) If the court ordered the offender to pay any state fines | 36282 |
| or costs and if all of the court costs that the court ordered the | 36283 |
| offender to pay have been paid, the remainder of the offender's | 36284 |
| payment shall be assigned on a pro rata basis toward the | 36285 |
| satisfaction of the state fines or costs until they have been | 36286 |
| entirely paid. | 36287 |
| (3) If the court ordered the offender to pay any restitution | 36288 |
| and if all of the court costs and state fines or costs that the | 36289 |
| court ordered the offender to pay have been paid, the remainder of | 36290 |
| the offender's payment shall be assigned toward the satisfaction | 36291 |
| of the restitution until it has been entirely paid. | 36292 |
| (4) If the court ordered the offender to pay any fine and if | 36293 |
| all of the court costs, state fines or costs, and restitution that | 36294 |
| the court ordered the offender to pay have been paid, the | 36295 |
| remainder of the offender's payment shall be assigned toward the | 36296 |
| satisfaction of the fine until it has been entirely paid. | 36297 |
| (5) If the court ordered the offender to pay any | 36298 |
| reimbursement and if all of the court costs, state fines or costs, | 36299 |
| restitution, and fines that the court ordered the offender to pay | 36300 |
| have been paid, the remainder of the offender's payment shall be | 36301 |
| assigned toward the satisfaction of the reimbursements until they | 36302 |
| have been entirely paid. | 36303 |
| (C) If a person who is charged with a misdemeanor is | 36304 |
| convicted of or pleads guilty to the offense and if the court | 36305 |
| orders the offender to pay any combination of court costs, state | 36306 |
| fines or costs, restitution, fines, or reimbursements, the court, | 36307 |
| at the time it orders the offender to make those payments, may | 36308 |
| prescribe an order of payments that differs from the order set | 36309 |
| forth in division (B) of this section by entering in the record of | 36310 |
| the case the order so prescribed. If a different order is entered | 36311 |
| in the record, on receipt of any payment, the clerk of the court | 36312 |
| shall assign the payment in the manner prescribed by the court. | 36313 |
| Sec. 2949.17. (A) The sheriff may take one guard for every | 36314 |
| two convicted felons to be transported to a correctional | 36315 |
| institution. The trial judge may authorize a larger number of | 36316 |
| guards upon written application of the sheriff, in which case a | 36317 |
| transcript of the order of the judge shall be certified by the | 36318 |
| clerk of the court of common pleas under the seal of the court, | 36319 |
| and the sheriff shall deliver the order with the convict to the | 36320 |
| person in charge of the correctional institution. | 36321 |
| (B) In order to obtain reimbursement for the county for the | 36322 |
| expenses of transportation for indigent convicted felons, the | 36323 |
| clerk of the court of common pleas shall prepare a transportation | 36324 |
| cost bill for each indigent convicted felon transported pursuant | 36325 |
|
to this section for an amount
equal to | 36326 |
| dollar a mile from the county seat to the state correctional | 36327 |
|
institution and return for | 36328 |
| 36329 | |
| 36330 | |
| computed by the usual route of travel. The clerk's duties under | 36331 |
| this division are subject to division (B) of section 2949.19 of | 36332 |
| the Revised Code. | 36333 |
| Sec. 2981.13. (A) Except as otherwise provided in this | 36334 |
| section, property ordered forfeited as contraband, proceeds, or an | 36335 |
| instrumentality pursuant to this chapter shall be disposed of, | 36336 |
| used, or sold pursuant to section 2981.12 of the Revised Code. If | 36337 |
| the property is to be sold under that section, the prosecutor | 36338 |
| shall cause notice of the proposed sale to be given in accordance | 36339 |
| with law. | 36340 |
| (B) If the contraband or instrumentality forfeited under this | 36341 |
| chapter is sold, any moneys acquired from a sale and any proceeds | 36342 |
| forfeited under this chapter shall be applied in the following | 36343 |
| order: | 36344 |
| (1) First, to pay costs incurred in the seizure, storage, | 36345 |
| maintenance, security, and sale of the property and in the | 36346 |
| forfeiture proceeding; | 36347 |
| (2) Second, in a criminal forfeiture case, to satisfy any | 36348 |
| restitution ordered to the victim of the offense or, in a civil | 36349 |
| forfeiture case, to satisfy any recovery ordered for the person | 36350 |
| harmed, unless paid from other assets; | 36351 |
| (3) Third, to pay the balance due on any security interest | 36352 |
| preserved under this chapter; | 36353 |
| (4) Fourth, apply the remaining amounts as follows: | 36354 |
| (a) If the forfeiture was ordered by a juvenile court, ten | 36355 |
| per cent to one or more certified alcohol and drug addiction | 36356 |
| treatment programs as provided in division (D) of section 2981.12 | 36357 |
| of the Revised Code; | 36358 |
| (b) If the forfeiture was ordered in a juvenile court, ninety | 36359 |
| per cent, and if the forfeiture was ordered in a court other than | 36360 |
| a juvenile court, one hundred per cent to the law enforcement | 36361 |
| trust fund of the prosecutor and to the following fund supporting | 36362 |
| the law enforcement agency that substantially conducted the | 36363 |
| investigation: the law enforcement trust fund of the county | 36364 |
| sheriff, municipal corporation, township, or park district created | 36365 |
| under section 511.18 or 1545.01 of the Revised Code; the state | 36366 |
| highway patrol contraband, forfeiture, and other fund; the | 36367 |
| department of public safety investigative unit contraband, | 36368 |
| forfeiture, and other fund; the department of taxation enforcement | 36369 |
| fund; the board of pharmacy drug law enforcement fund created by | 36370 |
| division (B)(1) of section 4729.65 of the Revised Code; the | 36371 |
| medicaid fraud investigation and prosecution fund; or the | 36372 |
| treasurer of state for deposit into the peace officer training | 36373 |
| commission fund if any other state law enforcement agency | 36374 |
| substantially conducted the investigation. In the case of property | 36375 |
| forfeited for medicaid fraud, any remaining amount shall be used | 36376 |
| by the attorney general to investigate and prosecute medicaid | 36377 |
| fraud offenses. | 36378 |
| If the prosecutor declines to accept any of the remaining | 36379 |
| amounts, the amounts shall be applied to the fund of the agency | 36380 |
| that substantially conducted the investigation. | 36381 |
| (c) If more than one law enforcement agency is substantially | 36382 |
| involved in the seizure of property forfeited under this chapter, | 36383 |
| the court ordering the forfeiture shall equitably divide the | 36384 |
| amounts, after calculating any distribution to the law enforcement | 36385 |
| trust fund of the prosecutor pursuant to division (B)(4) of this | 36386 |
| section, among the entities that the court determines were | 36387 |
| substantially involved in the seizure. | 36388 |
| (C)(1) A law enforcement trust fund shall be established by | 36389 |
| the prosecutor of each county who intends to receive any remaining | 36390 |
| amounts pursuant to this section, by the sheriff of each county, | 36391 |
| by the legislative authority of each municipal corporation, by the | 36392 |
| board of township trustees of each township that has a township | 36393 |
| police department, township police district police force, or | 36394 |
| office of the constable, and by the board of park commissioners of | 36395 |
| each park district created pursuant to section 511.18 or 1545.01 | 36396 |
| of the Revised Code that has a park district police force or law | 36397 |
| enforcement department, for the purposes of this section. | 36398 |
| There is hereby created in the state treasury the state | 36399 |
| highway patrol contraband, forfeiture, and other fund, the | 36400 |
| department of public safety investigative unit contraband, | 36401 |
| forfeiture, and other fund, the medicaid fraud investigation and | 36402 |
| prosecution fund, the department of taxation enforcement fund, and | 36403 |
| the peace officer training commission fund, for the purposes of | 36404 |
| this section. | 36405 |
| Amounts distributed to any municipal corporation, township, | 36406 |
| or park district law enforcement trust fund shall be allocated | 36407 |
| from the fund by the legislative authority only to the police | 36408 |
| department of the municipal corporation, by the board of township | 36409 |
| trustees only to the township police department, township police | 36410 |
| district police force, or office of the constable, and by the | 36411 |
| board of park commissioners only to the park district police force | 36412 |
| or law enforcement department. | 36413 |
| (2)(a) No amounts shall be allocated to a fund created under | 36414 |
| this section or used by an agency unless the agency has adopted a | 36415 |
| written internal control policy that addresses the use of moneys | 36416 |
| received from the appropriate fund. The appropriate fund shall be | 36417 |
| expended only in accordance with that policy and, subject to the | 36418 |
| requirements specified in this section, only for the following | 36419 |
| purposes: | 36420 |
| (i) To pay the costs of protracted or complex investigations | 36421 |
| or prosecutions; | 36422 |
| (ii) To provide reasonable technical training or expertise; | 36423 |
| (iii) To provide matching funds to obtain federal grants to | 36424 |
| aid law enforcement, in the support of DARE programs or other | 36425 |
| programs designed to educate adults or children with respect to | 36426 |
| the dangers associated with the use of drugs of abuse; | 36427 |
| (iv) To pay the costs of emergency action taken under section | 36428 |
| 3745.13 of the Revised Code relative to the operation of an | 36429 |
| illegal methamphetamine laboratory if the forfeited property or | 36430 |
| money involved was that of a person responsible for the operation | 36431 |
| of the laboratory; | 36432 |
| (v) For other law enforcement purposes that the | 36433 |
| superintendent of the state highway patrol, department of public | 36434 |
| safety, prosecutor, county sheriff, legislative authority, | 36435 |
| department of taxation, board of township trustees, or board of | 36436 |
| park commissioners determines to be appropriate. | 36437 |
| (b) The board of pharmacy drug law enforcement fund shall be | 36438 |
| expended only in accordance with the written internal control | 36439 |
| policy so adopted by the board and only in accordance with section | 36440 |
| 4729.65 of the Revised Code, except that it also may be expended | 36441 |
| to pay the costs of emergency action taken under section 3745.13 | 36442 |
| of the Revised Code relative to the operation of an illegal | 36443 |
| methamphetamine laboratory if the forfeited property or money | 36444 |
| involved was that of a person responsible for the operation of the | 36445 |
| laboratory. | 36446 |
| (c) The state highway patrol contraband, forfeiture, and | 36447 |
| other fund, the department of public safety investigative unit | 36448 |
| contraband, forfeiture, and other fund, the department of taxation | 36449 |
| enforcement fund, the board of pharmacy drug law enforcement fund, | 36450 |
| and a law enforcement trust fund shall not be used to meet the | 36451 |
| operating costs of the state highway patrol, of the investigative | 36452 |
| unit of the department of public safety, of the state board of | 36453 |
| pharmacy, of any political subdivision, or of any office of a | 36454 |
| prosecutor or county sheriff that are unrelated to law | 36455 |
| enforcement. | 36456 |
| (d) Forfeited moneys that are paid into the state treasury to | 36457 |
| be deposited into the peace officer training commission fund shall | 36458 |
| be used by the commission only to pay the costs of peace officer | 36459 |
| training. | 36460 |
| (3) Any of the following offices or agencies that receive | 36461 |
| amounts under this section during any calendar year shall file a | 36462 |
| report with the specified entity, not later than the thirty-first | 36463 |
| day of January of the next calendar year, verifying that the | 36464 |
| moneys were expended only for the purposes authorized by this | 36465 |
| section or other relevant statute and specifying the amounts | 36466 |
| expended for each authorized purpose: | 36467 |
| (a) Any sheriff or prosecutor shall file the report with the | 36468 |
| county auditor. | 36469 |
| (b) Any municipal corporation police department shall file | 36470 |
| the report with the legislative authority of the municipal | 36471 |
| corporation. | 36472 |
| (c) Any township police department, township police district | 36473 |
| police force, or office of the constable shall file the report | 36474 |
| with the board of township trustees of the township. | 36475 |
| (d) Any park district police force or law enforcement | 36476 |
| department shall file the report with the board of park | 36477 |
| commissioners of the park district. | 36478 |
| (e) The superintendent of the state highway patrol and the | 36479 |
| tax commissioner shall file the report with the attorney general. | 36480 |
| (f) The executive director of the state board of pharmacy | 36481 |
| shall file the report with the attorney general, verifying that | 36482 |
| cash and forfeited proceeds paid into the board of pharmacy drug | 36483 |
| law enforcement fund were used only in accordance with section | 36484 |
| 4729.65 of the Revised Code. | 36485 |
| (g) The peace officer training commission shall file a report | 36486 |
| with the attorney general, verifying that cash and forfeited | 36487 |
| proceeds paid into the peace officer training commission fund | 36488 |
| pursuant to this section during the prior calendar year were used | 36489 |
| by the commission during the prior calendar year only to pay the | 36490 |
| costs of peace officer training. | 36491 |
| (D) The written internal control policy of a county sheriff, | 36492 |
| prosecutor, municipal corporation police department, township | 36493 |
| police department, township police district police force, office | 36494 |
| of the constable, or park district police force or law enforcement | 36495 |
| department shall provide that at least ten per cent of the first | 36496 |
| one hundred thousand dollars of amounts deposited during each | 36497 |
| calendar year in the agency's law enforcement trust fund under | 36498 |
| this section, and at least twenty per cent of the amounts | 36499 |
| exceeding one hundred thousand dollars that are so deposited, | 36500 |
| shall be used in connection with community preventive education | 36501 |
| programs. The manner of use shall be determined by the sheriff, | 36502 |
| prosecutor, department, police force, or office of the constable | 36503 |
| after receiving and considering advice on appropriate community | 36504 |
| preventive education programs from the county's board of alcohol, | 36505 |
| drug addiction, and mental health services, from the county's | 36506 |
| alcohol and drug addiction services board, or through appropriate | 36507 |
| community dialogue. | 36508 |
| The financial records kept under the internal control policy | 36509 |
| shall specify the amount deposited during each calendar year in | 36510 |
| the portion of that amount that was used pursuant to this | 36511 |
| division, and the programs in connection with which the portion of | 36512 |
| that amount was so used. | 36513 |
| As used in this division, "community preventive education | 36514 |
| programs" include, but are not limited to, DARE programs and other | 36515 |
| programs designed to educate adults or children with respect to | 36516 |
| the dangers associated with using drugs of abuse. | 36517 |
| (E) Upon the sale, under this section or section 2981.12 of | 36518 |
| the Revised Code, of any property that is required by law to be | 36519 |
| titled or registered, the state shall issue an appropriate | 36520 |
| certificate of title or registration to the purchaser. If the | 36521 |
| state is vested with title and elects to retain property that is | 36522 |
| required to be titled or registered under law, the state shall | 36523 |
| issue an appropriate certificate of title or registration. | 36524 |
| (F) Any failure of a law enforcement officer or agency, | 36525 |
| prosecutor, court, or the attorney general to comply with this | 36526 |
| section in relation to any property seized does not affect the | 36527 |
| validity of the seizure and shall not be considered to be the | 36528 |
| basis for suppressing any evidence resulting from the seizure, | 36529 |
| provided the seizure itself was lawful. | 36530 |
| Sec. 3105.87. The court may order a public retirement | 36531 |
| program or the Ohio public employees deferred compensation program | 36532 |
| to provide information from a participant's personal history | 36533 |
| record necessary to determine the amounts described in division | 36534 |
| (D) of section 3105.82 of the Revised Code. | 36535 |
| Sec. 3119.01. (A) As used in the Revised Code, "child | 36536 |
| support enforcement agency" means a child support enforcement | 36537 |
| agency designated under former section 2301.35 of the Revised Code | 36538 |
| prior to October 1, 1997, or a private or government entity | 36539 |
| designated as a child support enforcement agency under section | 36540 |
| 307.981 of the Revised Code. | 36541 |
| (B) As used in this chapter and Chapters 3121., 3123., and | 36542 |
| 3125. of the Revised Code: | 36543 |
| (1) "Administrative child support order" means any order | 36544 |
| issued by a child support enforcement agency for the support of a | 36545 |
| child pursuant to section 3109.19 or 3111.81 of the Revised Code | 36546 |
| or former section 3111.211 of the Revised Code, section 3111.21 of | 36547 |
| the Revised Code as that section existed prior to January 1, 1998, | 36548 |
| or section 3111.20 or 3111.22 of the Revised Code as those | 36549 |
| sections existed prior to March 22, 2001. | 36550 |
| (2) "Child support order" means either a court child support | 36551 |
| order or an administrative child support order. | 36552 |
| (3) "Obligee" means the person who is entitled to receive the | 36553 |
| support payments under a support order. | 36554 |
| (4) "Obligor" means the person who is required to pay support | 36555 |
| under a support order. | 36556 |
| (5) "Support order" means either an administrative child | 36557 |
| support order or a court support order. | 36558 |
| (C) As used in this chapter: | 36559 |
| (1) "Combined gross income" means the combined gross income | 36560 |
| of both parents. | 36561 |
| (2) "Court child support order" means any order issued by a | 36562 |
| court for the support of a child pursuant to Chapter 3115. of the | 36563 |
| Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33, | 36564 |
| 2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, | 36565 |
| 3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised | 36566 |
| Code, or division (B) of former section 3113.21 of the Revised | 36567 |
| Code. | 36568 |
| (3) "Court support order" means either a court child support | 36569 |
| order or an order for the support of a spouse or former spouse | 36570 |
| issued pursuant to Chapter 3115. of the Revised Code, section | 36571 |
| 3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) | 36572 |
| of former section 3113.21 of the Revised Code. | 36573 |
| (4) "Extraordinary medical expenses" means any uninsured | 36574 |
| medical expenses incurred for a child during a calendar year that | 36575 |
| exceed one hundred dollars. | 36576 |
| (5) "Income" means either of the following: | 36577 |
| (a) For a parent who is employed to full capacity, the gross | 36578 |
| income of the parent; | 36579 |
| (b) For a parent who is unemployed or underemployed, the sum | 36580 |
| of the gross income of the parent and any potential income of the | 36581 |
| parent. | 36582 |
| (6) "Insurer" means any person authorized under Title XXXIX | 36583 |
| of the Revised Code to engage in the business of insurance in this | 36584 |
| state, any health insuring corporation, and any legal entity that | 36585 |
| is self-insured and provides benefits to its employees or members. | 36586 |
| (7) "Gross income" means, except as excluded in division | 36587 |
| (C)(7) of this section, the total of all earned and unearned | 36588 |
| income from all sources during a calendar year, whether or not the | 36589 |
| income is taxable, and includes income from salaries, wages, | 36590 |
| overtime pay, and bonuses to the extent described in division (D) | 36591 |
| of section 3119.05 of the Revised Code; commissions; royalties; | 36592 |
| tips; rents; dividends; severance pay; pensions; interest; trust | 36593 |
| income; annuities; social security benefits, including retirement, | 36594 |
| disability, and survivor benefits that are not means-tested; | 36595 |
| workers' compensation benefits; unemployment insurance benefits; | 36596 |
| disability insurance benefits; benefits that are not means-tested | 36597 |
| and that are received by and in the possession of the veteran who | 36598 |
| is the beneficiary for any service-connected disability under a | 36599 |
| program or law administered by the United States department of | 36600 |
| veterans' affairs or veterans' administration; spousal support | 36601 |
| actually received; and all other sources of income. "Gross income" | 36602 |
| includes income of members of any branch of the United States | 36603 |
| armed services or national guard, including, amounts representing | 36604 |
| base pay, basic allowance for quarters, basic allowance for | 36605 |
| subsistence, supplemental subsistence allowance, cost of living | 36606 |
| adjustment, specialty pay, variable housing allowance, and pay for | 36607 |
| training or other types of required drills; self-generated income; | 36608 |
| and potential cash flow from any source. | 36609 |
| "Gross income" does not include any of the following: | 36610 |
| (a) Benefits received from means-tested government | 36611 |
| administered programs, including Ohio works first; prevention, | 36612 |
| retention, and contingency; means-tested veterans' benefits; | 36613 |
|
supplemental security income; | 36614 |
| assistance program; disability financial assistance; or other | 36615 |
| assistance for which eligibility is determined on the basis of | 36616 |
| income or assets; | 36617 |
| (b) Benefits for any service-connected disability under a | 36618 |
| program or law administered by the United States department of | 36619 |
| veterans' affairs or veterans' administration that are not | 36620 |
| means-tested, that have not been distributed to the veteran who is | 36621 |
| the beneficiary of the benefits, and that are in the possession of | 36622 |
| the United States department of veterans' affairs or veterans' | 36623 |
| administration; | 36624 |
| (c) Child support received for children who were not born or | 36625 |
| adopted during the marriage at issue; | 36626 |
| (d) Amounts paid for mandatory deductions from wages such as | 36627 |
| union dues but not taxes, social security, or retirement in lieu | 36628 |
| of social security; | 36629 |
| (e) Nonrecurring or unsustainable income or cash flow items; | 36630 |
| (f) Adoption assistance and foster care maintenance payments | 36631 |
| made pursuant to Title IV-E of the "Social Security Act," 94 Stat. | 36632 |
| 501, 42 U.S.C.A. 670 (1980), as amended. | 36633 |
| (8) "Nonrecurring or unsustainable income or cash flow item" | 36634 |
| means an income or cash flow item the parent receives in any year | 36635 |
| or for any number of years not to exceed three years that the | 36636 |
| parent does not expect to continue to receive on a regular basis. | 36637 |
| "Nonrecurring or unsustainable income or cash flow item" does not | 36638 |
| include a lottery prize award that is not paid in a lump sum or | 36639 |
| any other item of income or cash flow that the parent receives or | 36640 |
| expects to receive for each year for a period of more than three | 36641 |
| years or that the parent receives and invests or otherwise uses to | 36642 |
| produce income or cash flow for a period of more than three years. | 36643 |
| (9)(a) "Ordinary and necessary expenses incurred in | 36644 |
| generating gross receipts" means actual cash items expended by the | 36645 |
| parent or the parent's business and includes depreciation expenses | 36646 |
| of business equipment as shown on the books of a business entity. | 36647 |
| (b) Except as specifically included in "ordinary and | 36648 |
| necessary expenses incurred in generating gross receipts" by | 36649 |
| division (C)(9)(a) of this section, "ordinary and necessary | 36650 |
| expenses incurred in generating gross receipts" does not include | 36651 |
| depreciation expenses and other noncash items that are allowed as | 36652 |
| deductions on any federal tax return of the parent or the parent's | 36653 |
| business. | 36654 |
| (10) "Personal earnings" means compensation paid or payable | 36655 |
| for personal services, however denominated, and includes wages, | 36656 |
| salary, commissions, bonuses, draws against commissions, profit | 36657 |
| sharing, vacation pay, or any other compensation. | 36658 |
| (11) "Potential income" means both of the following for a | 36659 |
| parent who the court pursuant to a court support order, or a child | 36660 |
| support enforcement agency pursuant to an administrative child | 36661 |
| support order, determines is voluntarily unemployed or voluntarily | 36662 |
| underemployed: | 36663 |
| (a) Imputed income that the court or agency determines the | 36664 |
| parent would have earned if fully employed as determined from the | 36665 |
| following criteria: | 36666 |
| (i) The parent's prior employment experience; | 36667 |
| (ii) The parent's education; | 36668 |
| (iii) The parent's physical and mental disabilities, if any; | 36669 |
| (iv) The availability of employment in the geographic area in | 36670 |
| which the parent resides; | 36671 |
| (v) The prevailing wage and salary levels in the geographic | 36672 |
| area in which the parent resides; | 36673 |
| (vi) The parent's special skills and training; | 36674 |
| (vii) Whether there is evidence that the parent has the | 36675 |
| ability to earn the imputed income; | 36676 |
| (viii) The age and special needs of the child for whom child | 36677 |
| support is being calculated under this section; | 36678 |
| (ix) The parent's increased earning capacity because of | 36679 |
| experience; | 36680 |
| (x) Any other relevant factor. | 36681 |
| (b) Imputed income from any nonincome-producing assets of a | 36682 |
| parent, as determined from the local passbook savings rate or | 36683 |
| another appropriate rate as determined by the court or agency, not | 36684 |
| to exceed the rate of interest specified in division (A) of | 36685 |
| section 1343.03 of the Revised Code, if the income is significant. | 36686 |
| (12) "Schedule" means the basic child support schedule set | 36687 |
| forth in section 3119.021 of the Revised Code. | 36688 |
| (13) "Self-generated income" means gross receipts received by | 36689 |
| a parent from self-employment, proprietorship of a business, joint | 36690 |
| ownership of a partnership or closely held corporation, and rents | 36691 |
| minus ordinary and necessary expenses incurred by the parent in | 36692 |
| generating the gross receipts. "Self-generated income" includes | 36693 |
| expense reimbursements or in-kind payments received by a parent | 36694 |
| from self-employment, the operation of a business, or rents, | 36695 |
| including company cars, free housing, reimbursed meals, and other | 36696 |
| benefits, if the reimbursements are significant and reduce | 36697 |
| personal living expenses. | 36698 |
| (14) "Split parental rights and responsibilities" means a | 36699 |
| situation in which there is more than one child who is the subject | 36700 |
| of an allocation of parental rights and responsibilities and each | 36701 |
| parent is the residential parent and legal custodian of at least | 36702 |
| one of those children. | 36703 |
| (15) "Worksheet" means the applicable worksheet that is used | 36704 |
| to calculate a parent's child support obligation as set forth in | 36705 |
| sections 3119.022 and 3119.023 of the Revised Code. | 36706 |
| Sec. 3119.371. (A) As used in this section: | 36707 |
| (1) "Health insurance provider" means: | 36708 |
| (a) A person authorized to engage in the business of sickness | 36709 |
| and accident insurance under Title XXXIX of the Revised Code; | 36710 |
| (b) A person or government entity providing coverage for | 36711 |
| medical services or items to individuals on a self-insurance | 36712 |
| basis; | 36713 |
| (c) A health insuring corporation as defined in section | 36714 |
| 1751.01 of the Revised Code; | 36715 |
| (d) A group health plan as defined in 29 U.S.C. 1167; | 36716 |
| (e) Any organization, business, or association described in | 36717 |
| 42 U.S.C. 1396a(a)(25); or | 36718 |
| (f) A managed care organization. | 36719 |
| (2) "Information" means all of the following: | 36720 |
| (a) An individual's name, address, date of birth, and social | 36721 |
| security number; | 36722 |
| (b) The group or plan number or other identifier assigned by | 36723 |
| a health insurance provider to a policy held by an individual or a | 36724 |
| plan in which the individual participates and the nature of the | 36725 |
| coverage; and | 36726 |
| (c) Any other data specified by the director of job and | 36727 |
| family services in rules adopted under section 3119.51 of the | 36728 |
| Revised Code. | 36729 |
| (B) Upon request of the office of child support in the | 36730 |
| department of job and family services and for the purpose of | 36731 |
| establishing and enforcing orders to provide health insurance | 36732 |
| coverage, a health insurance provider shall provide the | 36733 |
| information described in division (A)(2) of this section to the | 36734 |
| office of child support. | 36735 |
| Sec. 3121.037. (A) A withholding notice sent under section | 36736 |
| 3121.03 of the Revised Code shall contain all of the following: | 36737 |
| (1) Notice of the amount to be withheld from the obligor's | 36738 |
| income and a statement that, notwithstanding that amount, the | 36739 |
| payor may not withhold an amount for support and other purposes, | 36740 |
|
including the fee described in division
(A) | 36741 |
| section, that exceeds the maximum amounts permitted under section | 36742 |
| 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b); | 36743 |
| (2) A statement that the payor is required to send the amount | 36744 |
| withheld to the office of child support immediately, but not later | 36745 |
| than seven business days, after the obligor is paid and is | 36746 |
| required to report to the agency the date the amount was withheld; | 36747 |
| (3) A statement that the withholding shall be submitted to | 36748 |
| the state via electronic means if the employer employs more than | 36749 |
| fifty employees; | 36750 |
| (4) A statement that the withholding is binding on the payor | 36751 |
| until further notice from the court or agency; | 36752 |
| | 36753 |
| payor is subject to a fine to be determined under the law of this | 36754 |
| state for discharging the obligor from employment, refusing to | 36755 |
| employ the obligor, or taking any disciplinary action against the | 36756 |
| obligor because of the withholding requirement; | 36757 |
| | 36758 |
| accordance with the notice, the payor is liable for the | 36759 |
| accumulated amount the payor should have withheld from the | 36760 |
| obligor's income; | 36761 |
| | 36762 |
| payments made in accordance with section 3121.0311 of the Revised | 36763 |
| Code, the withholding in accordance with the notice has priority | 36764 |
| over any other legal process under the law of this state against | 36765 |
| the same income; | 36766 |
| | 36767 |
| statement that the payor is required to implement the withholding | 36768 |
| no later than fourteen business days following the date the notice | 36769 |
| was mailed or, if the payor is an employer, no later than the | 36770 |
| first pay period that occurs after fourteen business days | 36771 |
| following the date the notice was mailed, and is required to | 36772 |
| continue the withholding at the intervals specified in the notice. | 36773 |
| | 36774 |
| (a) Promptly notify the child support enforcement agency | 36775 |
| administering the support order, in writing, within ten business | 36776 |
| days after the date of any situation that occurs in which the | 36777 |
| payor ceases to pay income to the obligor in an amount sufficient | 36778 |
| to comply with the order, including termination of employment, | 36779 |
| layoff of the obligor from employment, any leave of absence of the | 36780 |
| obligor from employment without pay, termination of workers' | 36781 |
| compensation benefits, or termination of any pension, annuity, | 36782 |
| allowance, or retirement benefit; | 36783 |
| (b) Provide the agency with the obligor's last known address | 36784 |
| and, with respect to a court support order and if known, notify | 36785 |
| the agency of any new employer or income source and the name, | 36786 |
| address, and telephone number of the new employer or income | 36787 |
| source. | 36788 |
| | 36789 |
| payor do both of the following: | 36790 |
| (a) Identify in the
notice given under division
(A) | 36791 |
| this section any types of benefits other than personal earnings | 36792 |
| the obligor is receiving or is eligible to receive as a benefit of | 36793 |
| employment or as a result of the obligor's termination of | 36794 |
| employment, including, but not limited to, unemployment | 36795 |
| compensation, workers' compensation benefits, severance pay, sick | 36796 |
| leave, lump sum payments of retirement benefits or contributions, | 36797 |
| and bonuses or profit-sharing payments or distributions, and the | 36798 |
| amount of the benefits; | 36799 |
| (b) Include in the notice the obligor's last known address | 36800 |
| and telephone number, date of birth, social security number, and | 36801 |
| case number and, if known, the name and business address of any | 36802 |
| new employer of the obligor. | 36803 |
| | 36804 |
| requirement that, no later than the earlier of forty-five days | 36805 |
| before a lump sum payment is to be made or, if the obligor's right | 36806 |
| to the lump sum payment is determined less than forty-five days | 36807 |
| before it is to be made, the date on which that determination is | 36808 |
| made, the payor notify the child support enforcement agency | 36809 |
| administering the support order of any lump sum payment of any | 36810 |
| kind of one hundred fifty dollars or more that is to be paid to | 36811 |
| the obligor, hold each lump sum payment of one hundred fifty | 36812 |
| dollars or more for thirty days after the date on which it would | 36813 |
| otherwise be paid to the obligor and, on order of the court or | 36814 |
| agency that issued the support order, pay all or a specified | 36815 |
| amount of the lump sum payment to the office of child support; | 36816 |
| | 36817 |
| for support, the payor may withhold a fee from the obligor's | 36818 |
| income as a charge for its services in complying with the notice | 36819 |
| and a specification of the amount that may be withheld. | 36820 |
| (B) A deduction notice sent under section 3121.03 of the | 36821 |
| Revised Code shall contain all of the following: | 36822 |
| (1) Notice of the amount to be deducted from the obligor's | 36823 |
| account; | 36824 |
| (2) A statement that the financial institution is required to | 36825 |
| send the amount deducted to the office of child support | 36826 |
| immediately, but not later than seven business days, after the | 36827 |
| date the last deduction was made and to report to the child | 36828 |
| support enforcement agency the date on which the amount was | 36829 |
| deducted; | 36830 |
| (3) A statement that the deduction is binding on the | 36831 |
| financial institution until further notice from the court or | 36832 |
| agency; | 36833 |
| (4) A statement that the deduction in accordance with the | 36834 |
| notice has priority over any other legal process under the law of | 36835 |
| this state against the same account; | 36836 |
| (5) The date on which the notice was mailed and a statement | 36837 |
| that the financial institution is required to implement the | 36838 |
| deduction no later than fourteen business days following that date | 36839 |
| and to continue the deduction at the intervals specified in the | 36840 |
| notice; | 36841 |
| (6) A requirement that the financial institution promptly | 36842 |
| notify the child support enforcement agency administering the | 36843 |
| support order, in writing, within ten days after the date of any | 36844 |
| termination of the account from which the deduction is being made | 36845 |
| and notify the agency, in writing, of the opening of a new account | 36846 |
| at that financial institution, the account number of the new | 36847 |
| account, the name of any other known financial institutions in | 36848 |
| which the obligor has any accounts, and the numbers of those | 36849 |
| accounts; | 36850 |
| (7) A requirement that the financial institution include in | 36851 |
| all notices the obligor's last known mailing address, last known | 36852 |
| residence address, and social security number; | 36853 |
| (8) A statement that, in addition to the amount deducted for | 36854 |
| support, the financial institution may deduct a fee from the | 36855 |
| obligor's account as a charge for its services in complying with | 36856 |
| the notice and a specification of the amount that may be deducted. | 36857 |
| Sec. 3121.0311. (A) If a lump sum payment referred to in | 36858 |
|
division (A) | 36859 |
| consists of workers' compensation benefits and the obligor is | 36860 |
| represented by an attorney with respect to the obligor's workers' | 36861 |
| compensation claim, prior to issuing the notice to the child | 36862 |
| support enforcement agency required by that division, the | 36863 |
| administrator of workers' compensation, for claims involving state | 36864 |
| fund employers, or a self-insuring employer, for that employer's | 36865 |
| claims, shall notify the obligor and the obligor's attorney in | 36866 |
| writing that the obligor is subject to a support order and that | 36867 |
| the administrator or self-insuring employer, as appropriate, shall | 36868 |
| hold the lump sum payment for a period of thirty days after the | 36869 |
| administrator or self-insuring employer sends this written notice, | 36870 |
| pending receipt of the information referred to in division (B) of | 36871 |
| this section. | 36872 |
| (B) The administrator or self-insuring employer, as | 36873 |
| appropriate, shall instruct the obligor's attorney in writing to | 36874 |
| file a copy of the fee agreement signed by the obligor, along with | 36875 |
| an affidavit signed by the attorney setting forth the amount of | 36876 |
| the attorney's fee with respect to the lump sum payment award to | 36877 |
| the obligor and the amount of all necessary expenses, along with | 36878 |
| documentation of those expenses, incurred by the attorney with | 36879 |
| respect to obtaining the lump sum award. The obligor's attorney | 36880 |
| shall file the fee agreement and attorney affidavit with the | 36881 |
| administrator or self-insuring employer, as appropriate, within | 36882 |
| thirty days after the date the administrator or self-insuring | 36883 |
| employer sends the notice required by division (A) of this | 36884 |
| section. | 36885 |
| (C) Upon receipt of the fee agreement and attorney affidavit, | 36886 |
| the administrator or self-insuring employer, as appropriate, shall | 36887 |
| deduct from the lump sum payment the amount of the attorney's fee | 36888 |
| and necessary expenses and pay that amount directly to and solely | 36889 |
| in the name of the attorney within fourteen days after the fee | 36890 |
| agreement and attorney affidavit have been filed with the | 36891 |
| administrator or self-insuring employer. | 36892 |
| (D) After deducting any attorney's fee and necessary | 36893 |
| expenses, if the lump sum payment is one hundred fifty dollars or | 36894 |
| more, the administrator or self-insuring employer, as appropriate, | 36895 |
| shall hold the balance of the lump sum award in accordance with | 36896 |
|
division (A) | 36897 |
| Sec. 3121.19. (A) The entire amount withheld or deducted | 36898 |
| pursuant to a withholding or deduction notice described in section | 36899 |
| 3121.03 of the Revised Code shall be forwarded to the office of | 36900 |
| child support in the department of job and family services | 36901 |
| immediately, but not later than seven business days, after the | 36902 |
| withholding or deduction, as directed in the withholding or | 36903 |
| deduction notice. | 36904 |
| (B) An employer who employs more than fifty employees shall | 36905 |
| submit the entire amount withheld pursuant to a withholding notice | 36906 |
| described in section 3121.03 of the Revised Code by electronic | 36907 |
| transfer to the office of child support in the department of job | 36908 |
| and family services immediately, but not later than seven business | 36909 |
| days, after the withholding, as directed in the withholding | 36910 |
| notice. | 36911 |
| Sec. 3121.20. (A) A payor or financial institution required | 36912 |
| to withhold or deduct a specified amount from the income or | 36913 |
| savings of more than one obligor under a withholding or deduction | 36914 |
| notice described in section 3121.03 of the Revised Code and to | 36915 |
| forward the amounts withheld or deducted to the office of child | 36916 |
| support may combine all of the amounts to be forwarded in one | 36917 |
| payment if the payment is accompanied by a list that clearly | 36918 |
|
identifies | 36919 |
| (1) Each obligor covered by the payment | 36920 |
| (2) Each child support case, numbered as provided on the | 36921 |
| withholding or deduction notice, that is covered by the payment; | 36922 |
| (3) The portion of the payment attributable to each obligor | 36923 |
| and each case number. | 36924 |
| (B) A payor who employs more than fifty employees and who is | 36925 |
| required to submit the withholding by electronic transfer pursuant | 36926 |
| to sections 3121.037 and 3121.19 of the Revised Code shall combine | 36927 |
| all of the amounts to be forwarded in one payment. The payment | 36928 |
| shall be accompanied by information that clearly identifies all of | 36929 |
| the following: | 36930 |
| (1) Each obligor that is covered by the payment; | 36931 |
| (2) Each child support case, numbered as provided on the | 36932 |
| withholding notice issued pursuant to section 3121.03 of the | 36933 |
| Revised Code, that is covered by the payment; | 36934 |
| (3) The portion of the payment attributable to each obligor | 36935 |
| and each case number. | 36936 |
| Sec. 3121.898. The department of job and family services | 36937 |
| shall use the new hire reports it receives for any of the | 36938 |
| following purposes set forth in 42 U.S.C. 653a, as amended, | 36939 |
| including: | 36940 |
| (A) To locate individuals for the purposes of establishing | 36941 |
| paternity and for establishing, modifying, and enforcing child | 36942 |
| support orders. | 36943 |
| (B) As used in this division, "state agency" means every | 36944 |
| department, bureau, board, commission, office, or other organized | 36945 |
| body established by the constitution or laws of this state for the | 36946 |
| exercise of state government; every entity of county government | 36947 |
| that is subject to the rules of a state agency; and every | 36948 |
| contractual agent of a state agency. | 36949 |
| To make available to any state agency responsible for | 36950 |
| administering any of the following programs for purposes of | 36951 |
| verifying program eligibility: | 36952 |
| (1) Any Title IV-A program as defined in section 5101.80 of | 36953 |
| the Revised Code; | 36954 |
| (2) The medicaid program authorized by Chapter 5111. of the | 36955 |
| Revised Code; | 36956 |
| (3) The unemployment compensation program authorized by | 36957 |
| Chapter 4141. of the Revised Code; | 36958 |
| (4) The | 36959 |
| authorized by section 5101.54 of the Revised Code; | 36960 |
| (5) Any other program authorized in 42 U.S.C. 1320b-7(b), as | 36961 |
| amended. | 36962 |
| (C) The administration of the employment security program | 36963 |
| under the director of job and family services. | 36964 |
| Sec. 3123.952. A child support enforcement agency may submit | 36965 |
| the name of a delinquent obligor to the office of child support | 36966 |
| for inclusion on a poster only if all of the following apply: | 36967 |
| (A) The obligor is subject to a support order and there has | 36968 |
| been an attempt to enforce the order through a public notice, a | 36969 |
| wage withholding order, a lien on property, a financial | 36970 |
| institution deduction order, or other court-ordered procedures. | 36971 |
| (B) The department of job and family services reviewed the | 36972 |
| obligor's records and confirms the child support enforcement | 36973 |
| agency's finding that the obligor's name and photograph may be | 36974 |
| submitted to be displayed on a poster. | 36975 |
| (C) The agency does not know or is unable to verify the | 36976 |
| obligor's whereabouts. | 36977 |
| (D) The obligor is not a participant in Ohio works first or | 36978 |
| the prevention, retention, and contingency program or a recipient | 36979 |
| of disability financial assistance, supplemental security income, | 36980 |
|
or
| 36981 |
| (E) The child support enforcement agency does not have | 36982 |
| evidence that the obligor has filed for protection under the | 36983 |
| federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. | 36984 |
| (F) The obligee gave written authorization to the agency to | 36985 |
| display the obligor on a poster. | 36986 |
| (G) A legal representative of the agency and a child support | 36987 |
| enforcement administrator reviewed the case. | 36988 |
| (H) The agency is able to submit to the department a | 36989 |
| description and photograph of the obligor, a statement of the | 36990 |
| possible locations of the obligor, and any other information | 36991 |
| required by the department. | 36992 |
| Sec. 3125.25. The director of job and family services shall | 36993 |
| adopt rules under Chapter 119. of the Revised Code governing the | 36994 |
| operation of support enforcement by child support enforcement | 36995 |
| agencies. The rules shall include, but shall not be limited to, | 36996 |
| 36997 |
| (A) Provisions relating to plans of cooperation between the | 36998 |
| agencies and boards of county commissioners entered into under | 36999 |
|
section 3125.12 of the Revised Code | 37000 |
| (B) Provisions for the compromise and waiver of child support | 37001 |
| arrearages owed to the state and federal government, consistent | 37002 |
| with Title IV-D of the "Social Security Act," 88 Stat. 2351 | 37003 |
| (1975), 42 U.S.C. 651 et seq., as amended; | 37004 |
| (C) Requirements for public
hearings by the agencies | 37005 |
| 37006 |
| (D) Provisions for appeals of agency decisions under | 37007 |
| procedures established by the director. | 37008 |
| Sec. 3301.07. The state board of education shall exercise | 37009 |
| under the acts of the general assembly general supervision of the | 37010 |
| system of public education in the state. In addition to the powers | 37011 |
| otherwise imposed on the state board under the provisions of law, | 37012 |
|
the board shall have the | 37013 |
| section. | 37014 |
| (A) | 37015 |
| planning, and evaluative functions for the public schools of the | 37016 |
|
state | 37017 |
|
law | 37018 |
| (B) | 37019 |
| the improvement of public education in this state, and administer | 37020 |
| the educational policies of this state relating to public schools, | 37021 |
| and relating to instruction and instructional material, building | 37022 |
| and equipment, transportation of pupils, administrative | 37023 |
| responsibilities of school officials and personnel, and finance | 37024 |
| and organization of school districts, educational service centers, | 37025 |
| and territory. Consultative and advisory services in such matters | 37026 |
| shall be provided by the board to school districts and educational | 37027 |
|
service
centers of this state. | 37028 |
| (2) The state board also shall develop a standard of | 37029 |
|
financial reporting which shall be used by | 37030 |
| 37031 | |
| 37032 | |
|
authority, and STEM school governing body to make | 37033 |
| financial information and annual budgets for each school building | 37034 |
| under its control available to the public in a format | 37035 |
|
understandable by
the average citizen | 37036 |
| 37037 | |
| other things, at the district and educational service center level | 37038 |
| or at the school building level, as determined appropriate by the | 37039 |
| department of education, revenue by source; expenditures for | 37040 |
| salaries, wages, and benefits of employees, showing such amounts | 37041 |
| separately for classroom teachers, other employees required to | 37042 |
| hold licenses issued pursuant to sections 3319.22 to 3319.31 of | 37043 |
| the Revised Code, and all other employees; expenditures other | 37044 |
| than for personnel, by category, including utilities, textbooks | 37045 |
| and other educational materials, equipment, permanent | 37046 |
| improvements, pupil transportation, extracurricular athletics, | 37047 |
| and other extracurricular activities; and per pupil expenditures. | 37048 |
| (C) | 37049 |
| the allocation and distribution of all state and federal funds for | 37050 |
| public school education under the provisions of law, and may | 37051 |
| prescribe such systems of accounting as are necessary and proper | 37052 |
| to this function. It may require county auditors and treasurers, | 37053 |
| boards of education, educational service center governing boards, | 37054 |
| treasurers of such boards, teachers, and other school officers and | 37055 |
| employees, or other public officers or employees, to file with it | 37056 |
| such reports as it may prescribe relating to such funds, or to the | 37057 |
| management and condition of such funds. | 37058 |
| (D) | 37059 |
| XXXVII, XLVII, and LI of the Revised Code a reference is made to | 37060 |
| standards prescribed under this section or division (D) of this | 37061 |
| section, that reference shall be construed to refer to the | 37062 |
| standards prescribed under division (D)(2) of this section, unless | 37063 |
| the context specifically indicates a different meaning or intent. | 37064 |
| (2) The state board shall formulate and prescribe minimum | 37065 |
| standards to be applied to all elementary and secondary schools in | 37066 |
| this state for the purpose of requiring a general education of | 37067 |
| high quality. Such standards shall provide adequately for: the | 37068 |
| licensing of teachers, administrators, and other professional | 37069 |
| personnel and their assignment according to training and | 37070 |
| qualifications; efficient and effective instructional materials | 37071 |
| and equipment, including library facilities; the proper | 37072 |
| organization, administration, and supervision of each school, | 37073 |
| including regulations for preparing all necessary records and | 37074 |
| reports and the preparation of a statement of policies and | 37075 |
| objectives for each school; buildings, grounds, health and | 37076 |
| sanitary facilities and services; admission of pupils, and such | 37077 |
| requirements for their promotion from grade to grade as will | 37078 |
| assure that they are capable and prepared for the level of study | 37079 |
| to which they are certified; requirements for graduation; and such | 37080 |
| other factors as the board finds necessary. | 37081 |
| In the formulation and administration of such standards for | 37082 |
| nonpublic schools the board shall also consider the particular | 37083 |
| needs, methods and objectives of those schools, provided they do | 37084 |
| not conflict with the provision of a general education of a high | 37085 |
| quality and provided that regular procedures shall be followed for | 37086 |
| promotion from grade to grade of pupils who have met the | 37087 |
| educational requirements prescribed. | 37088 |
| | 37089 |
| standards as they relate to instructional materials and equipment | 37090 |
| in public schools, including library materials, the board shall | 37091 |
| require that the material and equipment be aligned with and | 37092 |
| promote skills expected under the statewide academic standards | 37093 |
| adopted under section 3301.079 of the Revised Code. | 37094 |
| (3) In addition to the minimum standards required by | 37095 |
| division (D)(2) of this section, the state board shall formulate | 37096 |
| and prescribe the following additional minimum operating | 37097 |
| standards for school districts: | 37098 |
| (a) Standards for the effective and efficient organization, | 37099 |
| administration, and supervision of each school district so that it | 37100 |
| becomes a thinking and learning organization according to | 37101 |
| principles of systems design and collaborative professional | 37102 |
| learning communities research as defined by the superintendent of | 37103 |
| public instruction, including a focus on the personalized and | 37104 |
| individualized needs of each student; a shared responsibility | 37105 |
| among school boards, administrators, faculty, and staff to develop | 37106 |
| a common vision, mission, and set of guiding principles; a shared | 37107 |
| responsibility among school boards, administrators, faculty, and | 37108 |
| staff to engage in a process of collective inquiry, action | 37109 |
| orientation, and experimentation to ensure the academic success of | 37110 |
| all students; commitment to teaching and learning strategies that | 37111 |
| utilize technological tools and emphasize inter-disciplinary, | 37112 |
| real world, project-based, technology-oriented, and service | 37113 |
| learning experiences to meet the individual needs of every | 37114 |
| student; commitment to high expectations for every student and | 37115 |
| commitment to closing the achievement gap so that all students | 37116 |
| achieve core knowledge and twenty-first century skills in | 37117 |
| accordance with the statewide academic standards adopted under | 37118 |
| section 3301.079 of the Revised Code; commitment to the use of | 37119 |
| assessments to diagnose the needs of each student; effective | 37120 |
| connections and relationships with families and community | 37121 |
| organizations that support student success; and commitment to the | 37122 |
| use of positive behavior intervention supports throughout a | 37123 |
| district to ensure a safe and secure learning environment for all | 37124 |
| students. | 37125 |
| (b) Standards for the establishment of a business advisory | 37126 |
| committee and a family and community engagement team in each | 37127 |
| school district, under sections 3313.82, 3313.821, and 3313.822 of | 37128 |
| the Revised Code. | 37129 |
| (c) Standards incorporating the classifications for the | 37130 |
| components of the adequacy amount under Chapter 3306. of the | 37131 |
| Revised Code into core academic strategy components and academic | 37132 |
| improvement components, as specified in rules adopted under | 37133 |
| section 3306.25 of the Revised Code; | 37134 |
| (d) Standards for school district organizational units, as | 37135 |
| defined in sections 3306.02 and 3306.04 of the Revised Code, that | 37136 |
| require: | 37137 |
| (i) The effective and efficient organization, administration, | 37138 |
| and supervision of each school district organizational unit so | 37139 |
| that it becomes a thinking and learning organization according to | 37140 |
| principles of systems design and collaborative professional | 37141 |
| learning communities research as defined by the state | 37142 |
| superintendent, including a focus on the personalized and | 37143 |
| individualized needs of each student; a shared responsibility | 37144 |
| among organizational unit administrators, faculty, and staff to | 37145 |
| develop a common vision, mission, and set of guiding principles; a | 37146 |
| shared responsibility among organizational unit administrators, | 37147 |
| faculty, and staff to engage in a process of collective inquiry, | 37148 |
| action orientation, and experimentation to ensure the academic | 37149 |
| success of all students; commitment to job embedded professional | 37150 |
| development and professional mentoring and coaching; established | 37151 |
| periods of time for teachers to pursue planning time for the | 37152 |
| development of lesson plans, professional development, and shared | 37153 |
| learning; commitment to effective management strategies that | 37154 |
| allow administrators reasonable access to classrooms for | 37155 |
| observation and professional development experiences; commitment | 37156 |
| to teaching and learning strategies that utilize technological | 37157 |
| tools and emphasize inter-disciplinary, real world, | 37158 |
| project-based, technology-oriented, and service learning | 37159 |
| experiences to meet the individual needs of every student; | 37160 |
| commitment to high expectations for every student and commitment | 37161 |
| to closing the achievement gap so that all students achieve core | 37162 |
| knowledge and twenty-first century skills in accordance with the | 37163 |
| statewide academic standards adopted under section 3301.079 of the | 37164 |
| Revised Code; commitment to the use of assessments to diagnose the | 37165 |
| needs of each student; effective connections and relationships | 37166 |
| with families and community organizations that support student | 37167 |
| success; commitment to the use of positive behavior intervention | 37168 |
| supports throughout the organizational unit to ensure a safe and | 37169 |
| secure learning environment for all students; | 37170 |
| (ii) A school organizational unit leadership team to | 37171 |
| coordinate positive behavior intervention supports, family and | 37172 |
| community engagement services, learning environments, thinking and | 37173 |
| learning systems, collaborative planning, planning time, student | 37174 |
| academic interventions, student extended learning opportunities, | 37175 |
| and other activities identified by the team and approved by the | 37176 |
| district board of education. The team shall include the building | 37177 |
| principal, representatives from each collective bargaining unit, | 37178 |
| the building lead teacher, parents, business representatives, and | 37179 |
| community representatives. | 37180 |
| (E) The state board may require as part of the health | 37181 |
| curriculum information developed under section 2108.34 of the | 37182 |
| Revised Code promoting the donation of anatomical gifts pursuant | 37183 |
| to Chapter 2108. of the Revised Code and may provide the | 37184 |
| information to high schools, educational service centers, and | 37185 |
| joint vocational school district boards of education; | 37186 |
| (F) | 37187 |
| to the governor and the general assembly a report on the status, | 37188 |
| needs, and major problems of the public schools of the state, with | 37189 |
| recommendations for necessary legislative action and a ten-year | 37190 |
| projection of the state's public and nonpublic school enrollment, | 37191 |
|
by year and by
grade level | 37192 |
| (G) | 37193 |
| director of budget and management the biennial budgetary requests | 37194 |
| of the state board of education, for its agencies and for the | 37195 |
|
public schools of the
state | 37196 |
| (H) | 37197 |
| state, and local agencies concerned with the health and welfare of | 37198 |
|
children and youth of the
state | 37199 |
| (I) | 37200 |
| school districts and educational service centers, school officers, | 37201 |
| and employees as are necessary and desirable. The superintendents | 37202 |
| and treasurers of school districts and educational service centers | 37203 |
| shall certify as to the accuracy of all reports required by law or | 37204 |
| state board or state department of education rules to be submitted | 37205 |
| by the district or educational service center and which contain | 37206 |
| information necessary for calculation of state funding. Any | 37207 |
| superintendent who knowingly falsifies such report shall be | 37208 |
| subject to license revocation pursuant to section 3319.31 of the | 37209 |
| Revised Code. | 37210 |
| (J) In accordance with Chapter 119. of the Revised Code, the | 37211 |
| state board shall adopt procedures, standards, and guidelines for | 37212 |
| the education of children with disabilities pursuant to Chapter | 37213 |
| 3323. of the Revised Code, including procedures, standards, and | 37214 |
| guidelines governing programs and services operated by county | 37215 |
| boards of mental retardation and developmental disabilities | 37216 |
|
pursuant to
section
3323.09 of the Revised Code | 37217 |
| (K) For the purpose of encouraging the development of special | 37218 |
| programs of education for academically gifted children, the state | 37219 |
| board shall employ competent persons to analyze and publish data, | 37220 |
| promote research, advise and counsel with boards of education, | 37221 |
| and encourage the training of teachers in the special instruction | 37222 |
| of gifted children. The board may provide financial assistance | 37223 |
| out of any funds appropriated for this purpose to boards of | 37224 |
| education and educational service center governing boards for | 37225 |
| developing and conducting programs of education for academically | 37226 |
| gifted children. | 37227 |
| (L) | 37228 |
| schools emphasize and encourage, within existing units of study, | 37229 |
| the teaching of energy and resource conservation as recommended | 37230 |
| to each district board of education by leading business persons | 37231 |
| involved in energy production and conservation, beginning in the | 37232 |
|
primary grades | 37233 |
| (M) | 37234 |
| minimum standards requiring the use of phonics as a technique in | 37235 |
| the teaching of reading in grades kindergarten through three. In | 37236 |
| addition, the state board shall provide in-service training | 37237 |
| programs for teachers on the use of phonics as a technique in the | 37238 |
| teaching of reading in grades kindergarten through three. | 37239 |
| | 37240 |
| 37241 | |
| 37242 |
| The board may adopt rules necessary for carrying out any | 37243 |
| function imposed on it by law, and may provide rules as are | 37244 |
| necessary for its government and the government of its employees, | 37245 |
| and may delegate to the superintendent of public instruction the | 37246 |
| management and administration of any function imposed on it by | 37247 |
| law. It may provide for the appointment of board members to serve | 37248 |
| on temporary committees established by the board for such purposes | 37249 |
| as are necessary. Permanent or standing committees shall not be | 37250 |
| created. | 37251 |
| Compliance with the standards adopted under divisions (B)(2) | 37252 |
| and (D) of this section, as they relate to the operation of a | 37253 |
| school operated by a school district, may be waived by the state | 37254 |
| superintendent pursuant to section 3306.40 of the Revised Code. | 37255 |
| As used in this section, "community school" means a community | 37256 |
| school established under Chapter 3314. of the Revised Code, and | 37257 |
| "STEM school" means a STEM school established under Chapter 3326. | 37258 |
| of the Revised Code. | 37259 |
| Sec. 3301.073. | 37260 |
| Revised Code, and otherwise upon the request of the board of | 37261 |
| education of any school district, the state board of education | 37262 |
| shall furnish technical assistance to the school district in the | 37263 |
| preparation of budgets, development of fiscal controls, | 37264 |
| preparation of financial statements and reports, revenue | 37265 |
| estimating, or in assisting the district in complying with any | 37266 |
| certification requirements relating to the district's revenue or | 37267 |
| expenditures. The assistance may be in the form of grants, | 37268 |
| consultants, or the temporary assignment of employees after | 37269 |
| determining in consultation with the district, its needs and the | 37270 |
| nature of assistance needed and what assistance the state board of | 37271 |
| education can provide within the amounts appropriated for this | 37272 |
| purpose. The state board may enter into contracts with the | 37273 |
|
department of
taxation | 37274 |
| governmental or private entity to perform its duties under this | 37275 |
| section. | 37276 |
| Sec. 3301.079. (A)(1) Not later than | 37277 |
| 30, 2010, and at least once every five years thereafter, the state | 37278 |
| board of education shall adopt statewide academic standards with | 37279 |
| emphasis on coherence, focus, and rigor for each of grades | 37280 |
|
kindergarten
through twelve in
| 37281 |
| 37282 | |
| 37283 | |
| 37284 | |
| arts, mathematics, science, and social studies. | 37285 |
| The standards shall specify the following: | 37286 |
| (a) The core academic content and skills that students are | 37287 |
|
expected to know and be able to do
at
each grade
level | 37288 |
| | 37289 |
| postsecondary instruction and the workplace for success in the | 37290 |
| twenty-first century; | 37291 |
| (b) The development of skill sets as they relate to | 37292 |
| creativity and innovation, critical thinking and problem solving, | 37293 |
| and communication and collaboration; | 37294 |
| (c) The development of skill sets that promote information, | 37295 |
| media, and technological literacy; | 37296 |
| (d) The development of skill sets that promote flexibility | 37297 |
| and adaptability, initiative and self-direction, social and | 37298 |
| cross-cultural skills, productivity and accountability, and | 37299 |
| leadership and responsibility; | 37300 |
| (e) Interdisciplinary, project-based real world learning | 37301 |
| opportunities; | 37302 |
| (f) Opportunities for the inclusion of community service | 37303 |
| learning. | 37304 |
| (2) After completing the standards required by division | 37305 |
| (A)(1) of this section, the state board shall adopt standards and | 37306 |
| model curricula for instruction in computer literacy, wellness | 37307 |
| literacy, financial literacy and entrepreneurship, fine arts, and | 37308 |
| foreign language for grades kindergarten through twelve. The | 37309 |
| standards shall meet the same requirements prescribed in divisions | 37310 |
| (A)(1)(a) to (f) of this section. | 37311 |
| (3) The state board shall adopt the most recent standards | 37312 |
| developed by the national association for sport and physical | 37313 |
| education for physical education in grades kindergarten through | 37314 |
| twelve or shall adopt its own standards for physical education in | 37315 |
| those grades and revise and update them periodically. | 37316 |
| The department shall employ a full-time physical education | 37317 |
| coordinator to provide guidance and technical assistance to | 37318 |
| districts, community schools, and STEM schools in implementing the | 37319 |
| physical education standards adopted under this division. The | 37320 |
| superintendent of public instruction shall determine that the | 37321 |
| person employed as coordinator is qualified for the position, as | 37322 |
| demonstrated by possessing an adequate combination of education, | 37323 |
| license, and experience. | 37324 |
| (4) When academic standards have been completed for any | 37325 |
|
subject area required by this | 37326 |
| shall inform all school districts, all community schools | 37327 |
| established under Chapter 3314. of the Revised Code, all STEM | 37328 |
| schools established under Chapter 3326. of the Revised Code, and | 37329 |
| all nonpublic schools required to administer the assessments | 37330 |
| prescribed by sections 3301.0710 and 3301.0712 of the Revised Code | 37331 |
| of the content of those standards. | 37332 |
| (B) Not later than | 37333 |
| 37334 | |
| 37335 | |
|
model curriculum
for instruction in | 37336 |
| which updated academic standards are required by division (A)(1) | 37337 |
| of this section and for each of grades kindergarten through twelve | 37338 |
| that is sufficient to meet the needs of students in every | 37339 |
| community. The model curriculum shall be aligned with the | 37340 |
| standards, to ensure that the academic content and skills | 37341 |
| specified for each grade level are taught to students, and shall | 37342 |
| demonstrate vertical articulation and emphasize coherence, focus, | 37343 |
| and rigor. When any model curriculum has been completed, the state | 37344 |
| board shall inform all school districts, community schools, and | 37345 |
| STEM schools of the content of that model curriculum. | 37346 |
| All school districts, community schools, and STEM schools may | 37347 |
| utilize the state standards and the model curriculum established | 37348 |
| by the state board, together with other relevant resources, | 37349 |
| examples, or models to ensure that students have the opportunity | 37350 |
| to attain the academic standards. Upon request, the department of | 37351 |
| education shall provide technical assistance to any district, | 37352 |
| community school, or STEM school in implementing the model | 37353 |
| curriculum. | 37354 |
| Nothing in this section requires any school district to | 37355 |
| utilize all or any part of a model curriculum developed under this | 37356 |
| division. | 37357 |
| (C) The state board shall develop achievement | 37358 |
| assessments aligned with the academic standards and model | 37359 |
| curriculum for each of the subject areas and grade levels required | 37360 |
| by divisions (A)(1) and (B)(1) of section 3301.0710 of the Revised | 37361 |
| Code. | 37362 |
| When any achievement
| 37363 |
| state board shall inform all school districts, community schools, | 37364 |
| STEM schools, and nonpublic schools required to administer the | 37365 |
| assessment of its completion, and the department of education | 37366 |
|
shall
make the
achievement | 37367 |
|
districts
and schools. | 37368 |
| 37369 | |
| 37370 |
| (D)(1) The state board shall adopt a diagnostic assessment | 37371 |
| aligned with the academic standards and model curriculum for each | 37372 |
|
of grades kindergarten through two in
| 37373 |
|
language arts and
mathematics and for grade three
in | 37374 |
| English language arts. The diagnostic assessment shall be | 37375 |
| designed to measure student comprehension of academic content and | 37376 |
| mastery of related skills for the relevant subject area and grade | 37377 |
| level. Any diagnostic assessment shall not include components to | 37378 |
| identify gifted students. Blank copies of diagnostic tests shall | 37379 |
| be public records. | 37380 |
| (2) When each diagnostic assessment has been completed, the | 37381 |
| state board shall inform all school districts of its completion | 37382 |
| and the department of education shall make the diagnostic | 37383 |
| assessment available to the districts at no cost to the district. | 37384 |
| School districts shall administer the diagnostic assessment | 37385 |
| pursuant to section 3301.0715 of the Revised Code beginning the | 37386 |
| first school year following the development of the assessment. | 37387 |
| (E) The state board shall not adopt a diagnostic or | 37388 |
| achievement assessment for any grade level or subject area other | 37389 |
| than those specified in this section. | 37390 |
| (F) Whenever the state board or the department of education | 37391 |
| consults with persons for the purpose of drafting or reviewing any | 37392 |
|
standards, diagnostic assessments, achievement | 37393 |
| or model curriculum required under this section, the state board | 37394 |
| or the department shall first consult with parents of students in | 37395 |
| kindergarten through twelfth grade and with active Ohio classroom | 37396 |
| teachers, other school personnel, and administrators with | 37397 |
| expertise in the appropriate subject area. Whenever practicable, | 37398 |
| the state board and department shall consult with teachers | 37399 |
| recognized as outstanding in their fields. | 37400 |
| If the department contracts with more than one outside entity | 37401 |
|
for the development of the achievement | 37402 |
| by this section, the department shall ensure the | 37403 |
|
interchangeability of those | 37404 |
| | 37405 |
| by rule of the state board of education, shall not allow any | 37406 |
|
question on any achievement | 37407 |
| developed under this section or any proficiency test prescribed by | 37408 |
| former section 3301.0710 of the Revised Code, as it existed prior | 37409 |
| to September 11, 2001, to include, be written to promote, or | 37410 |
| inquire as to individual moral or social values or beliefs. The | 37411 |
| decision of the committee shall be final. This section does not | 37412 |
| create a private cause of action. | 37413 |
| (H) As used in this section: | 37414 |
| (1) "Coherence" means a reflection of the structure of the | 37415 |
| discipline being taught. | 37416 |
| (2) "Focus" means limiting the number of items included in a | 37417 |
| curriculum to allow for deeper exploration of the subject matter. | 37418 |
| (3) "Rigor" means more challenging and demanding when | 37419 |
| compared to international standards. | 37420 |
| (4) "Vertical articulation" means key academic concepts and | 37421 |
| skills associated with mastery in particular content areas should | 37422 |
| be articulated and reinforced in a developmentally appropriate | 37423 |
| manner at each grade level so that over time students acquire a | 37424 |
| depth of knowledge and understanding in the core academic | 37425 |
| disciplines. | 37426 |
| Sec. 3301.0710. The state board of education shall adopt | 37427 |
|
rules establishing a statewide program to | 37428 |
|
achievement. The state board shall
ensure that all | 37429 |
| assessments
administered under the | 37430 |
| with the academic standards and model curricula adopted by the | 37431 |
| state board and are created with input from Ohio parents, Ohio | 37432 |
| classroom teachers, Ohio school administrators, and other Ohio | 37433 |
| school personnel pursuant to section 3301.079 of the Revised Code. | 37434 |
| The | 37435 |
| that students who receive a high school diploma demonstrate at | 37436 |
|
least high
school
levels of
achievement in | 37437 |
| English language arts, mathematics, science, and social studies, | 37438 |
| and other skills necessary in the twenty-first century. | 37439 |
| (A)(1) The state board shall prescribe all of the following: | 37440 |
| (a) Two statewide achievement | 37441 |
|
designed to
measure the
level of | 37442 |
| and mathematics skill expected at the end of third grade; | 37443 |
| (b) | 37444 |
|
each designed to
measure the level of | 37445 |
| language arts and mathematics skill expected at the end of fourth | 37446 |
| grade; | 37447 |
| (c) Four statewide achievement | 37448 |
|
designed to
measure the level of | 37449 |
| mathematics, science, and social studies skill expected at the | 37450 |
| end of fifth grade; | 37451 |
| (d) Two statewide achievement | 37452 |
|
designed to
measure the level of | 37453 |
| and mathematics skill expected at the end of sixth grade; | 37454 |
| (e) | 37455 |
|
each designed to
measure the level of | 37456 |
| language arts and mathematics skill expected at the end of seventh | 37457 |
| grade; | 37458 |
| (f) Four statewide achievement | 37459 |
|
designed to
measure the level of | 37460 |
| mathematics, science, and social studies skill expected at the | 37461 |
| end of eighth grade. | 37462 |
| (2) The state board shall determine and designate at least | 37463 |
| 37464 | |
| assessments described in divisions (A)(1) and (B)(1) of this | 37465 |
| section. Each range of scores shall be deemed to demonstrate a | 37466 |
| level of achievement so that any student attaining a score within | 37467 |
| such range has achieved one of the following: | 37468 |
| (a) An advanced level of skill; | 37469 |
| (b) | 37470 |
| | 37471 |
| | 37472 |
| | 37473 |
| (B)(1)
The | 37474 |
| (B)(1) of this section shall collectively be known as the Ohio | 37475 |
| graduation tests. The state board shall prescribe five statewide | 37476 |
|
high
school
achievement
| 37477 |
| measure the level of reading, writing, mathematics, science, and | 37478 |
| social studies skill expected at the end of tenth grade. The | 37479 |
| state board shall designate a score in at least the range | 37480 |
|
designated under division (A)(2) | 37481 |
|
such | 37482 |
|
on the | 37483 |
| diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 | 37484 |
| of the Revised Code until the assessment system prescribed by | 37485 |
| section 3301.0712 of the Revised Code is implemented in | 37486 |
| accordance with rules adopted by the state board under division | 37487 |
| (E) of that section. | 37488 |
| (2) The state board shall prescribe an assessment system in | 37489 |
| accordance with section 3301.0712 of the Revised Code that shall | 37490 |
| replace the Ohio graduation tests in the manner prescribed by | 37491 |
| rules adopted by the state board under division (E) of that | 37492 |
| section. | 37493 |
| (3) The state board may enter into a reciprocal agreement | 37494 |
| with the appropriate body or agency of any other state that has | 37495 |
|
similar
statewide
achievement | 37496 |
| receiving high school diplomas, under which any student who has | 37497 |
|
met
an
achievement | 37498 |
|
recognized as
having met the similar
| 37499 |
| requirement of the other state for purposes of receiving a high | 37500 |
| school diploma. For purposes of this section and sections | 37501 |
| 3301.0711 and 3313.61 of the Revised Code, any student enrolled in | 37502 |
| any public high school in this state who has met an achievement | 37503 |
| 37504 | |
| entered into under this division shall be deemed to have attained | 37505 |
| at least the applicable score designated under this division on | 37506 |
|
each | 37507 |
| this section that is specified in the agreement. | 37508 |
| (C) | 37509 |
| 37510 | |
| 37511 |
| | 37512 |
| 37513 |
| | 37514 |
| 37515 |
| | 37516 |
| 37517 | |
| 37518 |
| | 37519 |
| 37520 | |
| 37521 | |
| 37522 | |
| 37523 |
| | 37524 |
| 37525 | |
| 37526 | |
| 37527 | |
| 37528 | |
| 37529 | |
| 37530 |
| | 37531 |
| 37532 | |
| 37533 | |
| 37534 | |
| 37535 | |
| 37536 | |
| 37537 | |
| 37538 | |
| 37539 |
| | 37540 |
| designate dates and times for the administration of the | 37541 |
| assessments prescribed by divisions (A) and (B) of this section. | 37542 |
| In prescribing | 37543 |
| 37544 | |
| shall designate the dates in such a way as to allow a reasonable | 37545 |
|
length
of time between the administration
of | 37546 |
| prescribed under this section and any administration of the | 37547 |
| 37548 | |
| 37549 | |
| level pursuant to section 3301.27 of the Revised Code or federal | 37550 |
| law. | 37551 |
| | 37552 |
| each Ohio graduation test described in division (B)(1) of this | 37553 |
| section that is of comparable length to the actual test. | 37554 |
| | 37555 |
| education for the purpose of making recommendations to the state | 37556 |
| board regarding the state board's designation of scores on the | 37557 |
| tests described by this section shall inform the state board of | 37558 |
| the probable percentage of students who would score in each of | 37559 |
| the ranges established under division (A)(2) of this section on | 37560 |
| the tests if the committee's recommendations are adopted by the | 37561 |
| state board. To the extent possible, these percentages shall be | 37562 |
| disaggregated by gender, major racial and ethnic groups, limited | 37563 |
| English proficient students, economically disadvantaged students, | 37564 |
| students with disabilities, and migrant students. | 37565 |
| If the state board intends to make any change to the | 37566 |
| committee's recommendations, the state board shall explain the | 37567 |
| intended change to the Ohio accountability task force established | 37568 |
| by section 3302.021 of the Revised Code. The task force shall | 37569 |
| recommend whether the state board should proceed to adopt the | 37570 |
| intended change. Nothing in this division shall require the state | 37571 |
| board to designate test scores based upon the recommendations of | 37572 |
| the task force. | 37573 |
| | 37574 |
| 37575 | |
| 37576 | |
| 37577 | |
| 37578 | |
| 37579 |
| | 37580 |
| 37581 | |
| 37582 | |
| 37583 |
| | 37584 |
| 37585 | |
| 37586 | |
| 37587 |
| Sec. 3301.0711. (A) The department of education shall: | 37588 |
| (1) Annually furnish
to, grade, and score all | 37589 |
| assessments required by divisions (A)(1) and (B)(1) of section | 37590 |
| 3301.0710 of the Revised Code to be administered by city, local, | 37591 |
| exempted village, and joint vocational school districts, except | 37592 |
| that each district shall score any test administered pursuant to | 37593 |
|
division (B)(10) of this section. Each
| 37594 |
| furnished shall include the data verification code of the student | 37595 |
| to whom the test will be administered, as assigned pursuant to | 37596 |
| division (D)(2) of section 3301.0714 of the Revised Code. In | 37597 |
| furnishing the practice versions of Ohio graduation tests | 37598 |
|
prescribed by division | 37599 |
| Code, the department shall make the tests available on its web | 37600 |
| site for reproduction by districts. In awarding contracts for | 37601 |
|
grading | 37602 |
| Ohio-based entities employing Ohio residents. | 37603 |
| (2) Adopt rules for the ethical use of | 37604 |
|
prescribing
the manner in which the | 37605 |
| by section 3301.0710 of the Revised Code shall be administered to | 37606 |
| students. | 37607 |
| (B) Except as provided in divisions (C) and (J) of this | 37608 |
| section, the board of education of each city, local, and exempted | 37609 |
| village school district shall, in accordance with rules adopted | 37610 |
| under division (A) of this section: | 37611 |
| (1) Administer the | 37612 |
| prescribed under division (A)(1)(a) of section 3301.0710 of the | 37613 |
| Revised Code twice annually to all students in the third grade | 37614 |
|
who have not attained the score
designated for that | 37615 |
| assessment under division (A)(2) | 37616 |
| Revised Code. | 37617 |
| (2) Administer the mathematics | 37618 |
| under division (A)(1)(a) of section 3301.0710 of the Revised Code | 37619 |
| at least once annually to all students in the third grade. | 37620 |
| (3) Administer the | 37621 |
| division (A)(1)(b) of section 3301.0710 of the Revised Code at | 37622 |
| least once annually to all students in the fourth grade. | 37623 |
| (4) Administer the | 37624 |
| division (A)(1)(c) of section 3301.0710 of the Revised Code at | 37625 |
| least once annually to all students in the fifth grade. | 37626 |
| (5) Administer the | 37627 |
| division (A)(1)(d) of section 3301.0710 of the Revised Code at | 37628 |
| least once annually to all students in the sixth grade. | 37629 |
| (6) Administer
the | 37630 |
| division (A)(1)(e) of section 3301.0710 of the Revised Code at | 37631 |
| least once annually to all students in the seventh grade. | 37632 |
| (7)
Administer
the | 37633 |
| division (A)(1)(f) of section 3301.0710 of the Revised Code at | 37634 |
| least once annually to all students in the eighth grade. | 37635 |
| (8) Except as provided in division (B)(9) of this section, | 37636 |
|
administer any | 37637 |
| section 3301.0710 of the Revised Code as follows: | 37638 |
| (a) At least once annually to all tenth grade students and at | 37639 |
| least twice annually to all students in eleventh or twelfth grade | 37640 |
|
who have not yet attained the score on that | 37641 |
| designated under that division; | 37642 |
| (b) To any person who has successfully completed the | 37643 |
| curriculum in any high school or the individualized education | 37644 |
| program developed for the person by any high school pursuant to | 37645 |
| section 3323.08 of the Revised Code but has not received a high | 37646 |
|
school diploma and who requests to take such | 37647 |
| any time such test is administered in the district. | 37648 |
| (9) In lieu of the board of education of any city, local, or | 37649 |
| exempted village school district in which the student is also | 37650 |
| enrolled, the board of a joint vocational school district shall | 37651 |
|
administer any | 37652 |
| section 3301.0710 of the Revised Code at least twice annually to | 37653 |
| any student enrolled in the joint vocational school district who | 37654 |
|
has
not yet attained the score on that | 37655 |
| under that division. A board of a joint vocational school district | 37656 |
|
may also
administer such | 37657 |
| described in division (B)(8)(b) of this section. | 37658 |
| (10) If the district has been declared to be under an | 37659 |
| academic watch or in a state of academic emergency pursuant to | 37660 |
| section 3302.03 of the Revised Code or has a three-year average | 37661 |
| graduation rate of not more than seventy-five per cent, administer | 37662 |
|
each | 37663 |
| 3301.0710 of the Revised Code in September to all ninth grade | 37664 |
| students, beginning in the school year that starts July 1, 2005. | 37665 |
| Except as provided in section 3313.614 of the Revised Code | 37666 |
| for administration of an assessment to a person who has fulfilled | 37667 |
| the curriculum requirement for a high school diploma but has not | 37668 |
| passed one or more of the required assessments, the assessments | 37669 |
| prescribed under division (B)(1) of section 3301.0710 of the | 37670 |
| Revised Code and the practice assessments prescribed under | 37671 |
| division (D) of that section and required to be administered under | 37672 |
| divisions (B)(8), (9), and (10) of this section shall not be | 37673 |
| administered after the assessment system prescribed by division | 37674 |
| (B)(2) of section 3301.0710 and section 3301.0712 of the Revised | 37675 |
| Code is implemented under rule of the state board adopted under | 37676 |
| division (E)(1) of section 3301.0712 of the Revised Code. | 37677 |
| (11) Administer the assessments prescribed by division (B)(2) | 37678 |
| of section 3301.0710 and section 3301.0712 of the Revised Code in | 37679 |
| accordance with the timeline and plan for implementation of those | 37680 |
| assessments prescribed by rule of the state board adopted under | 37681 |
| division (E)(1) of section 3301.0712 of the Revised Code. | 37682 |
| (C)(1)(a) Any student receiving special education services | 37683 |
| under Chapter 3323. of the Revised Code may be excused from taking | 37684 |
|
any particular | 37685 |
| this section if the individualized education program developed | 37686 |
| for the student pursuant to section 3323.08 of the Revised Code | 37687 |
|
excuses
the
student from taking that | 37688 |
| specifies an alternate assessment method approved by the | 37689 |
| department of education as conforming to requirements of federal | 37690 |
| law for receipt of federal funds for disadvantaged pupils. To the | 37691 |
| extent possible, the individualized education program shall not | 37692 |
|
excuse
the student from
taking | 37693 |
| reasonable accommodation can be made to enable the student to | 37694 |
|
take the | 37695 |
| (b) Any alternate assessment approved by the department for a | 37696 |
| student under this division shall produce measurable results | 37697 |
|
comparable to those produced by the | 37698 |
| 37699 | |
|
for the student's
| 37700 |
| compiled for a school district or building under section 3302.03 | 37701 |
| of the Revised Code. | 37702 |
| (c) Any student enrolled in a chartered nonpublic school who | 37703 |
| has been identified, based on an evaluation conducted in | 37704 |
| accordance with section 3323.03 of the Revised Code or section 504 | 37705 |
| of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. | 37706 |
| 794, as amended, as a child with a disability shall be excused | 37707 |
|
from taking any
particular | 37708 |
| administered under this section if a plan developed for the | 37709 |
| student pursuant to rules adopted by the state board excuses the | 37710 |
|
student from
taking that
| 37711 |
|
student so excused from taking | 37712 |
| nonpublic school shall not prohibit the student from taking the | 37713 |
| 37714 |
| (2) A district board may, for medical reasons or other good | 37715 |
|
cause, excuse a student from taking | 37716 |
|
administered
under this
section on the date scheduled, but | 37717 |
| 37718 | |
| excused student not later than nine days following the scheduled | 37719 |
| date. The district board shall annually report the number of | 37720 |
|
students who have not taken one or more of
the | 37721 |
| required by this section to the state board of education not later | 37722 |
| than the thirtieth day of June. | 37723 |
| (3) As used in this division, "limited English proficient | 37724 |
| student" has the same meaning as in 20 U.S.C. 7801. | 37725 |
| No school district board shall excuse any limited English | 37726 |
|
proficient student from taking any particular | 37727 |
| required to be administered under this section, except that any | 37728 |
| limited English proficient student who has been enrolled in | 37729 |
| United States schools for less than one full school year shall | 37730 |
|
not be required to take
any | 37731 |
| English language arts assessment. However, no board shall prohibit | 37732 |
|
a limited English proficient student who is not required to take | 37733 |
| 37734 | |
| assessment. A board may permit any limited English proficient | 37735 |
|
student to take | 37736 |
| administered under this section with appropriate accommodations, | 37737 |
| as determined by the department. For each limited English | 37738 |
| proficient student, each school district shall annually assess | 37739 |
| that student's progress in learning English, in accordance with | 37740 |
| procedures approved by the department. | 37741 |
| The governing authority of a chartered nonpublic school may | 37742 |
|
excuse a limited English proficient student from taking any | 37743 |
| assessment administered under this section. However, no governing | 37744 |
| authority shall prohibit a limited English proficient student | 37745 |
|
from
taking
the | 37746 |
| (D)(1) In the school year next succeeding the school year in | 37747 |
|
which the | 37748 |
| (B)(1) of section 3301.0710 of the Revised Code or former division | 37749 |
| (A)(1), (A)(2), or (B) of section 3301.0710 of the Revised Code | 37750 |
| as it existed prior to September 11, 2001, are administered to | 37751 |
| any student, the board of education of any school district in | 37752 |
| which the student is enrolled in that year shall provide to the | 37753 |
|
student intervention
services
commensurate with the student's | 37754 |
| performance, including any intensive intervention required under | 37755 |
| section 3313.608 of the Revised Code, in any skill in which the | 37756 |
| student failed to demonstrate at least a score at the proficient | 37757 |
|
level
on
the | 37758 |
| (2) Following any administration of the | 37759 |
|
prescribed by
division | 37760 |
| Code to ninth grade students, each school district that has a | 37761 |
| three-year average graduation rate of not more than seventy-five | 37762 |
| per cent shall determine for each high school in the district | 37763 |
| whether the school shall be required to provide intervention | 37764 |
|
services to any students
who took the | 37765 |
| determining which high schools shall provide intervention | 37766 |
| services based on the resources available, the district shall | 37767 |
| consider each school's graduation rate and scores on the practice | 37768 |
| 37769 | |
|
received by ninth grade students on the | 37770 |
|
arts and
mathematics | 37771 |
| (A)(1)(f) of section 3301.0710 of the Revised Code in the eighth | 37772 |
| grade in determining which high schools shall provide | 37773 |
| intervention services. | 37774 |
| Each high school selected to provide intervention services | 37775 |
| under this division shall provide intervention services to any | 37776 |
|
student whose | 37777 |
| make satisfactory progress toward being able to attain scores at | 37778 |
| the proficient level on the Ohio graduation tests. Intervention | 37779 |
| services shall be provided in any skill in which a student | 37780 |
| demonstrates unsatisfactory progress and shall be commensurate | 37781 |
|
with the student's | 37782 |
| intervention services prior to the end of the school year, during | 37783 |
| the summer following the ninth grade, in the next succeeding | 37784 |
| school year, or at any combination of those times. | 37785 |
| (E) Except as provided in section 3313.608 of the Revised | 37786 |
| Code and division (M) of this section, no school district board of | 37787 |
| education shall utilize any student's failure to attain a | 37788 |
|
specified score on
| 37789 |
| section as a factor in any decision to deny the student promotion | 37790 |
| to a higher grade level. However, a district board may choose not | 37791 |
| to promote to the next grade level any student who does not take | 37792 |
| 37793 | |
| 37794 | |
| section and who is not exempt from the requirement to take the | 37795 |
| 37796 |
| (F) No person shall be charged a fee for taking any | 37797 |
| assessment administered under this section. | 37798 |
| (G)(1) Each school district board shall designate one | 37799 |
|
location for the collection of | 37800 |
|
the spring
under division (B)(1) of this section and | 37801 |
| those administered under divisions (B)(2) to (7) of this section. | 37802 |
|
Each district board
shall submit the | 37803 |
| entity with which the department contracts for the scoring of the | 37804 |
| 37805 |
| (a) If the district's total enrollment in grades kindergarten | 37806 |
| through twelve during the first full school week of October was | 37807 |
| less than two thousand five hundred, not later than the Friday | 37808 |
|
after all of the | 37809 |
| (b) If the district's total enrollment in grades kindergarten | 37810 |
| through twelve during the first full school week of October was | 37811 |
| two thousand five hundred or more, but less than seven thousand, | 37812 |
|
not later than the Monday after all of the | 37813 |
| been administered; | 37814 |
| (c) If the district's total enrollment in grades kindergarten | 37815 |
| through twelve during the first full school week of October was | 37816 |
| seven thousand or more, not later than the Tuesday after all of | 37817 |
|
the | 37818 |
|
However, any | 37819 |
| the make-up period described in division (C)(2) of this section | 37820 |
| shall be submitted not later than the Friday following the day | 37821 |
|
the
student takes the | 37822 |
| (2) The department or an entity with which the department | 37823 |
|
contracts for the scoring of the | 37824 |
|
each school
district board a list of the
individual | 37825 |
|
of all persons
taking | 37826 |
| division (A)(1) or (B)(1) of section 3301.0710 of the Revised | 37827 |
| Code within sixty days after its administration, but in no case | 37828 |
| shall the scores be returned later than the fifteenth day of June | 37829 |
|
following the administration. For
| 37830 |
| administered under this section by a joint vocational school | 37831 |
| district, the department or entity shall also send to each city, | 37832 |
| local, or exempted village school district a list of the | 37833 |
|
individual | 37834 |
| exempted village school district who are attending school in the | 37835 |
| joint vocational school district. | 37836 |
| (H) Individual | 37837 |
| administered under this section shall be released by a district | 37838 |
| board only in accordance with section 3319.321 of the Revised Code | 37839 |
| and the rules adopted under division (A) of this section. No | 37840 |
| district board or its employees shall utilize individual or | 37841 |
|
aggregate | 37842 |
|
the ethical
use of
| 37843 |
| (A) of this section. | 37844 |
| (I) Except as provided in division (G) of this section, the | 37845 |
| department or an entity with which the department contracts for | 37846 |
|
the scoring of the | 37847 |
|
individual | 37848 |
| this section. The state board of education shall adopt rules to | 37849 |
| ensure the protection of student confidentiality at all times. | 37850 |
| The rules may require the use of the data verification codes | 37851 |
| assigned to students pursuant to division (D)(2) of section | 37852 |
| 3301.0714 of the Revised Code to protect the confidentiality of | 37853 |
|
student | 37854 |
| (J) Notwithstanding division (D) of section 3311.52 of the | 37855 |
| Revised Code, this section does not apply to the board of | 37856 |
| education of any cooperative education school district except as | 37857 |
| provided under rules adopted pursuant to this division. | 37858 |
| (1) In accordance with rules that the state board of | 37859 |
| education shall adopt, the board of education of any city, | 37860 |
| exempted village, or local school district with territory in a | 37861 |
| cooperative education school district established pursuant to | 37862 |
| divisions (A) to (C) of section 3311.52 of the Revised Code may | 37863 |
| enter into an agreement with the board of education of the | 37864 |
|
cooperative
education school district for administering any | 37865 |
| assessment prescribed under this section to students of the city, | 37866 |
| exempted village, or local school district who are attending | 37867 |
| school in the cooperative education school district. | 37868 |
| (2) In accordance with rules that the state board of | 37869 |
| education shall adopt, the board of education of any city, | 37870 |
| exempted village, or local school district with territory in a | 37871 |
| cooperative education school district established pursuant to | 37872 |
| section 3311.521 of the Revised Code shall enter into an agreement | 37873 |
| with the cooperative district that provides for the administration | 37874 |
|
of any | 37875 |
| the following: | 37876 |
| (a) Students who are attending school in the cooperative | 37877 |
| district and who, if the cooperative district were not | 37878 |
| established, would be entitled to attend school in the city, | 37879 |
| local, or exempted village school district pursuant to section | 37880 |
| 3313.64 or 3313.65 of the Revised Code; | 37881 |
| (b) Persons described in division (B)(8)(b) of this section. | 37882 |
| Any | 37883 |
|
agreement shall
be in lieu of any | 37884 |
| students or persons pursuant to this section. | 37885 |
| (K)(1) As a condition of compliance with section 3313.612 of | 37886 |
| the Revised Code, each chartered nonpublic school that educates | 37887 |
| students in grades nine through twelve shall administer the | 37888 |
| assessments prescribed by divisions (B)(1) and (2) of section | 37889 |
| 3301.0710 of the Revised Code. Any chartered nonpublic school may | 37890 |
|
participate in
the
| 37891 |
|
of the | 37892 |
|
3301.0710 | 37893 |
|
administrator
of the school | 37894 |
| assessments the school
| 37895 |
| specification shall be made in writing to the superintendent of | 37896 |
| public instruction prior to the first day of August of any school | 37897 |
|
year in which | 37898 |
| a pledge that the nonpublic school will administer the specified | 37899 |
| 37900 | |
| required to do under this section and rules adopted by the | 37901 |
| department. | 37902 |
| (2) The department of education shall furnish the | 37903 |
| assessments prescribed by section 3301.0710 or 3301.0712 of the | 37904 |
|
Revised Code
to | 37905 |
| 37906 |
| (L)(1) The superintendent of the state school for the blind | 37907 |
| and the superintendent of the state school for the deaf shall | 37908 |
|
administer
the | 37909 |
| 3301.0710 and 3301.0712 of the Revised Code. Each superintendent | 37910 |
|
shall administer the
| 37911 |
| district boards are required to do under this section and rules | 37912 |
| adopted by the department of education and in conformity with | 37913 |
| division (C)(1)(a) of this section. | 37914 |
| (2) The department of education shall furnish the | 37915 |
| assessments
described by | 37916 |
| of the Revised Code to each superintendent. | 37917 |
| (M) Notwithstanding division (E) of this section, a school | 37918 |
| district may use a student's failure to attain a score in at least | 37919 |
|
the | 37920 |
| described by division (A)(1)(a) of section 3301.0710 of the | 37921 |
|
Revised Code or on
| 37922 |
| division (A)(1)(b), (c), (d), (e), or (f) of section 3301.0710 | 37923 |
| of the Revised Code as a factor in retaining that student in the | 37924 |
| current grade level. | 37925 |
| (N)(1) In the manner specified in divisions (N)(3) | 37926 |
|
(4) of
this section, the
| 37927 |
| (A)(1) of section 3301.0710 of the Revised Code shall become | 37928 |
| public records pursuant to section 149.43 of the Revised Code on | 37929 |
|
the first day of July
following the
school year that the | 37930 |
| assessments were administered. | 37931 |
| (2) The department may field test proposed
| 37932 |
| with samples of students to determine the validity, reliability, | 37933 |
|
or appropriateness
of | 37934 |
|
future year's
| 37935 |
|
questions
on | 37936 |
| of the same test are of comparable difficulty. | 37937 |
| Field test questions and anchor questions shall not be | 37938 |
|
considered in computing
| 37939 |
| test questions and anchor questions may be included as part of the | 37940 |
|
administration of any
| 37941 |
| or (B)(1) of section 3301.0710 of the Revised Code. | 37942 |
| (3) Any field test question or anchor question administered | 37943 |
| under division (N)(2) of this section shall not be a public | 37944 |
| record. Such field test questions and anchor questions shall be | 37945 |
|
redacted from any
| 37946 |
| record pursuant to division (N)(1) of this section. | 37947 |
| (4) This division applies to the | 37948 |
| by division (A) of section 3301.0710 of the Revised Code. | 37949 |
| (a) The first administration of each | 37950 |
| specified in former section 3301.0712 of the Revised Code, shall | 37951 |
| be a public record. | 37952 |
| (b) For subsequent administrations of each | 37953 |
|
not less
than forty per cent of the questions on the | 37954 |
| assessment that are used to compute a student's score shall be a | 37955 |
| public record. The department shall determine which questions | 37956 |
|
will be needed for reuse on a
future | 37957 |
| questions shall not be public records and shall be redacted from | 37958 |
|
the | 37959 |
| However, for each redacted question, the department shall inform | 37960 |
| each city, local, and exempted village school district of the | 37961 |
| statewide academic standard adopted by the state board of | 37962 |
| education under section 3301.079 of the Revised Code and the | 37963 |
| corresponding benchmark to which the question relates. The | 37964 |
| preceding sentence does not apply to field test questions that are | 37965 |
| redacted under division (N)(3) of this section. | 37966 |
| (5) Each | 37967 |
|
section 3301.0710
of the Revised Code | 37968 |
| 37969 | |
| 37970 | |
| a public record. | 37971 |
| (O) As used in this section: | 37972 |
| (1) "Three-year average" means the average of the most recent | 37973 |
| consecutive three school years of data. | 37974 |
| (2) "Dropout" means a student who withdraws from school | 37975 |
| before completing course requirements for graduation and who is | 37976 |
| not enrolled in an education program approved by the state board | 37977 |
| of education or an education program outside the state. "Dropout" | 37978 |
| does not include a student who has departed the country. | 37979 |
| (3) "Graduation rate" means the ratio of students receiving a | 37980 |
| diploma to the number of students who entered ninth grade four | 37981 |
| years earlier. Students who transfer into the district are added | 37982 |
| to the calculation. Students who transfer out of the district for | 37983 |
| reasons other than dropout are subtracted from the calculation. If | 37984 |
| a student who was a dropout in any previous year returns to the | 37985 |
| same school district, that student shall be entered into the | 37986 |
| calculation as if the student had entered ninth grade four years | 37987 |
| before the graduation year of the graduating class that the | 37988 |
| student joins. | 37989 |
| Sec. 3301.0712. (A) The state board of education, the | 37990 |
| superintendent of public instruction, and the chancellor of the | 37991 |
| Ohio board of regents shall develop a system of assessments as | 37992 |
| described in divisions (B)(1) to (4) of this section to assess | 37993 |
| whether each student upon graduating from high school is college | 37994 |
| or career ready. The system shall replace the Ohio graduation | 37995 |
| tests prescribed in division (B)(1) of section 3301.0710 of the | 37996 |
| Revised Code as a measure of student academic performance and a | 37997 |
| prerequisite for eligibility for a high school diploma in the | 37998 |
| manner prescribed by rule of the state board adopted under | 37999 |
| division (E) of this section. | 38000 |
| (B) The assessment system shall consist of the following: | 38001 |
| (1) A nationally standardized assessment that measures | 38002 |
| competencies in science, mathematics, and English language arts | 38003 |
| selected jointly by the state superintendent and the chancellor. | 38004 |
| (2) A series of end-of-course examinations in the areas of | 38005 |
| science, mathematics, English language arts, and social studies | 38006 |
| selected jointly by the state superintendent and the chancellor in | 38007 |
| consultation with faculty in the appropriate subject areas at | 38008 |
| institutions of higher education of the university system of Ohio. | 38009 |
| (3) A community service learning project developed and | 38010 |
| completed by each student in accordance with section 3313.605 of | 38011 |
| the Revised Code. The purpose of the community service learning | 38012 |
| project is to assess the student's: | 38013 |
| (a) Awareness of the importance of civic responsibility and | 38014 |
| community service; | 38015 |
| (b) Leadership skills; | 38016 |
| (c) Collaboration skills; | 38017 |
| (d) Cultural awareness and global competence; and | 38018 |
| (e) Flexibility, adaptability, and self-direction. | 38019 |
| The community service learning project shall promote learning | 38020 |
| through active participation, provide structured time for the | 38021 |
| student to reflect, provide opportunities to use skills and | 38022 |
| knowledge in real-life situations, extend learning beyond the | 38023 |
| classroom, and foster a sense of caring for others. | 38024 |
| (4) A senior project completed by a student or a group of | 38025 |
| students. The purpose of the senior project is to assess the | 38026 |
| student's: | 38027 |
| (a) Mastery of core knowledge in a subject area chosen by the | 38028 |
| student; | 38029 |
| (b) Written and verbal communication skills; | 38030 |
| (c) Critical thinking and problem-solving skills; | 38031 |
| (d) Real world and interdisciplinary learning; | 38032 |
| (e) Creative and innovative thinking; | 38033 |
| (f) Acquired technology, information, and media skills; and | 38034 |
| (g) Personal management skills such as self-direction, time | 38035 |
| management, work ethic, enthusiasm, and the desire to produce a | 38036 |
| high quality product. | 38037 |
| The state superintendent and the chancellor jointly shall | 38038 |
| develop standards for the senior project for students | 38039 |
| participating in dual enrollment programs. | 38040 |
| (C)(1) The state superintendent and the chancellor jointly | 38041 |
| shall designate the scoring rubrics and the required overall | 38042 |
| composite score for the assessment system to assess whether each | 38043 |
| student is college or career ready. | 38044 |
| (2) Each community service learning project and senior | 38045 |
| project shall be judged by the student's high school in accordance | 38046 |
| with rubrics designated by the state superintendent and the | 38047 |
| chancellor. | 38048 |
| (D) Not later than thirty days after the state board adopts | 38049 |
| the model curricula required by division (B) of section 3301.079 | 38050 |
| of the Revised Code, the state board shall convene a group of | 38051 |
| national experts, state experts, and local practitioners to | 38052 |
| provide advice, guidance, and recommendations for the alignment | 38053 |
| of standards and model curricula to the assessments and in the | 38054 |
| design of the end-of-course examinations and scoring rubrics | 38055 |
| prescribed by this section. | 38056 |
| (E) Upon completion of the development of the assessment | 38057 |
| system, the state board shall adopt rules prescribing all of the | 38058 |
| following: | 38059 |
| (1) A timeline and plan for implementation of the assessment | 38060 |
| system, including a phased implementation if the state board | 38061 |
| determines such a phase-in is warranted; | 38062 |
| (2) The date after which a person entering ninth grade shall | 38063 |
| attain at least the composite score for the entire assessment | 38064 |
| system as a prerequisite for a high school diploma under sections | 38065 |
| 3313.61, 3313.612, or 3325.08 of the Revised Code; | 38066 |
| (3) The date after which a person shall attain at least the | 38067 |
| composite score for the entire assessment system as a prerequisite | 38068 |
| for a diploma of adult education under section 3313.611 of the | 38069 |
| Revised Code; | 38070 |
| (4) Whether and the extent to which a person may be excused | 38071 |
| from a social studies end-of-course examination under division (H) | 38072 |
| of section 3313.61 and division (B)(2) of section 3313.612 of the | 38073 |
| Revised Code; | 38074 |
| (5) The date after which a person who has fulfilled the | 38075 |
| curriculum requirement for a diploma but has not passed one or | 38076 |
| more of the required assessments at the time the person fulfilled | 38077 |
| the curriculum requirement shall attain at least the composite | 38078 |
| score for the entire assessment system as a prerequisite for a | 38079 |
| high school diploma under division (B) of section 3313.614 of the | 38080 |
| Revised Code; | 38081 |
| (6) The extent to which the assessment system applies to | 38082 |
| students enrolled in a dropout recovery and prevention program for | 38083 |
| purposes of division (F) of section 3313.603 and section 3314.36 | 38084 |
| of the Revised Code. | 38085 |
| No rule adopted under this division shall be effective | 38086 |
| earlier than one year after the date the rule is filed in final | 38087 |
| form pursuant to Chapter 119. of the Revised Code. | 38088 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 38089 |
| rules for a statewide education management information system. The | 38090 |
| rules shall require the state board to establish guidelines for | 38091 |
| the establishment and maintenance of the system in accordance with | 38092 |
| this section and the rules adopted under this section. The | 38093 |
| guidelines shall include: | 38094 |
| (1) Standards identifying and defining the types of data in | 38095 |
| the system in accordance with divisions (B) and (C) of this | 38096 |
| section; | 38097 |
| (2) Procedures for annually collecting and reporting the data | 38098 |
| to the state board in accordance with division (D) of this | 38099 |
| section; | 38100 |
| (3) Procedures for annually compiling the data in accordance | 38101 |
| with division (G) of this section; | 38102 |
| (4) Procedures for annually reporting the data to the public | 38103 |
| in accordance with division (H) of this section. | 38104 |
| (B) The guidelines adopted under this section shall require | 38105 |
| the data maintained in the education management information system | 38106 |
| to include at least the following: | 38107 |
| (1) Student participation and performance data, for each | 38108 |
| grade in each school district as a whole and for each grade in | 38109 |
| each school building in each school district, that includes: | 38110 |
| (a) The numbers of students receiving each category of | 38111 |
| instructional service offered by the school district, such as | 38112 |
| regular education instruction, vocational education instruction, | 38113 |
| specialized instruction programs or enrichment instruction that is | 38114 |
| part of the educational curriculum, instruction for gifted | 38115 |
| students, instruction for students with disabilities, and | 38116 |
| remedial instruction. The guidelines shall require instructional | 38117 |
| services under this division to be divided into discrete | 38118 |
| categories if an instructional service is limited to a specific | 38119 |
| subject, a specific type of student, or both, such as regular | 38120 |
| instructional services in mathematics, remedial reading | 38121 |
| instructional services, instructional services specifically for | 38122 |
| students gifted in mathematics or some other subject area, or | 38123 |
| instructional services for students with a specific type of | 38124 |
| disability. The categories of instructional services required by | 38125 |
| the guidelines under this division shall be the same as the | 38126 |
| categories of instructional services used in determining cost | 38127 |
| units pursuant to division (C)(3) of this section. | 38128 |
| (b) The numbers of students receiving support or | 38129 |
| extracurricular services for each of the support services or | 38130 |
| extracurricular programs offered by the school district, such as | 38131 |
| counseling services, health services, and extracurricular sports | 38132 |
| and fine arts programs. The categories of services required by the | 38133 |
| guidelines under this division shall be the same as the categories | 38134 |
| of services used in determining cost units pursuant to division | 38135 |
| (C)(4)(a) of this section. | 38136 |
| (c) Average student grades in each subject in grades nine | 38137 |
| through twelve; | 38138 |
| (d) Academic achievement levels as assessed | 38139 |
| 38140 | |
| 3301.0712 of the Revised Code; | 38141 |
| (e) The number of students designated as having a disabling | 38142 |
| condition pursuant to division (C)(1) of section 3301.0711 of the | 38143 |
| Revised Code; | 38144 |
| (f) The numbers of students reported to the state board | 38145 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 38146 |
| Code; | 38147 |
| (g) Attendance rates and the average daily attendance for the | 38148 |
| year. For purposes of this division, a student shall be counted as | 38149 |
| present for any field trip that is approved by the school | 38150 |
| administration. | 38151 |
| (h) Expulsion rates; | 38152 |
| (i) Suspension rates; | 38153 |
| (j) | 38154 |
| | 38155 |
| | 38156 |
| | 38157 |
| number of carnegie units, as calculated in accordance with state | 38158 |
| board of education rules; | 38159 |
| | 38160 |
| specified by the department of education that reflects the rate at | 38161 |
| which students who were in the ninth grade three years prior to | 38162 |
| the current year complete school and that is consistent with | 38163 |
| nationally accepted reporting requirements; | 38164 |
| | 38165 |
| kindergarten students as required under section 3301.0715 of the | 38166 |
| Revised Code to permit a comparison of the academic readiness of | 38167 |
| kindergarten students. However, no district shall be required to | 38168 |
| report to the department the results of any diagnostic assessment | 38169 |
| administered to a kindergarten student if the parent of that | 38170 |
| student requests the district not to report those results. | 38171 |
| (o) Aggregate results of kindergarten and first grade | 38172 |
| hearing, vision, speech and communications, health and medical, | 38173 |
| and developmental screenings required under section 3313.673 of | 38174 |
| the Revised Code. | 38175 |
| (2) Personnel and classroom enrollment data for each school | 38176 |
| district, including: | 38177 |
| (a) The total numbers of licensed employees and nonlicensed | 38178 |
| employees and the numbers of full-time equivalent licensed | 38179 |
| employees and nonlicensed employees providing each category of | 38180 |
| instructional service, instructional support service, and | 38181 |
| administrative support service used pursuant to division (C)(3) of | 38182 |
| this section. The guidelines adopted under this section shall | 38183 |
| require these categories of data to be maintained for the school | 38184 |
| district as a whole and, wherever applicable, for each grade in | 38185 |
| the school district as a whole, for each school building as a | 38186 |
| whole, and for each grade in each school building. | 38187 |
| (b) The total number of employees and the number of full-time | 38188 |
| equivalent employees providing each category of service used | 38189 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 38190 |
| total numbers of licensed employees and nonlicensed employees and | 38191 |
| the numbers of full-time equivalent licensed employees and | 38192 |
| nonlicensed employees providing each category used pursuant to | 38193 |
| division (C)(4)(c) of this section. The guidelines adopted under | 38194 |
| this section shall require these categories of data to be | 38195 |
| maintained for the school district as a whole and, wherever | 38196 |
| applicable, for each grade in the school district as a whole, for | 38197 |
| each school building as a whole, and for each grade in each school | 38198 |
| building. | 38199 |
| (c) The total number of regular classroom teachers teaching | 38200 |
| classes of regular education and the average number of pupils | 38201 |
| enrolled in each such class, in each of grades kindergarten | 38202 |
| through five in the district as a whole and in each school | 38203 |
| building in the school district. | 38204 |
| (d) The number of | 38205 |
|
school
district and each school building | 38206 |
| 38207 | |
| 38208 |
| (3)(a) Student demographic data for each school district, | 38209 |
| including information regarding the gender ratio of the school | 38210 |
| district's pupils, the racial make-up of the school district's | 38211 |
| pupils, the number of limited English proficient students in the | 38212 |
| district, and an appropriate measure of the number of the school | 38213 |
| district's pupils who reside in economically disadvantaged | 38214 |
| households. The demographic data shall be collected in a manner to | 38215 |
| allow correlation with data collected under division (B)(1) of | 38216 |
| this section. Categories for data collected pursuant to division | 38217 |
| (B)(3) of this section shall conform, where appropriate, to | 38218 |
| standard practices of agencies of the federal government. | 38219 |
| (b) With respect to each student entering kindergarten, | 38220 |
| whether the student previously participated in a public preschool | 38221 |
| program, a private preschool program, or a head start program, and | 38222 |
| the number of years the student participated in each of these | 38223 |
| programs. | 38224 |
| (4) Any data required to be collected pursuant to federal | 38225 |
| law. | 38226 |
| (C) The education management information system shall include | 38227 |
| cost accounting data for each district as a whole and for each | 38228 |
| school building in each school district. The guidelines adopted | 38229 |
| under this section shall require the cost data for each school | 38230 |
| district to be maintained in a system of mutually exclusive cost | 38231 |
| units and shall require all of the costs of each school district | 38232 |
| to be divided among the cost units. The guidelines shall require | 38233 |
| the system of mutually exclusive cost units to include at least | 38234 |
| the following: | 38235 |
| (1) Administrative costs for the school district as a whole. | 38236 |
| The guidelines shall require the cost units under this division | 38237 |
| (C)(1) to be designed so that each of them may be compiled and | 38238 |
| reported in terms of average expenditure per pupil in formula ADM | 38239 |
| in the school district, as determined pursuant to section 3317.03 | 38240 |
| of the Revised Code. | 38241 |
| (2) Administrative costs for each school building in the | 38242 |
| school district. The guidelines shall require the cost units under | 38243 |
| this division (C)(2) to be designed so that each of them may be | 38244 |
| compiled and reported in terms of average expenditure per | 38245 |
| full-time equivalent pupil receiving instructional or support | 38246 |
| services in each building. | 38247 |
| (3) Instructional services costs for each category of | 38248 |
| instructional service provided directly to students and required | 38249 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 38250 |
| section. The guidelines shall require the cost units under | 38251 |
| division (C)(3) of this section to be designed so that each of | 38252 |
| them may be compiled and reported in terms of average expenditure | 38253 |
| per pupil receiving the service in the school district as a whole | 38254 |
| and average expenditure per pupil receiving the service in each | 38255 |
| building in the school district and in terms of a total cost for | 38256 |
| each category of service and, as a breakdown of the total cost, a | 38257 |
| cost for each of the following components: | 38258 |
| (a) The cost of each instructional services category required | 38259 |
| by guidelines adopted under division (B)(1)(a) of this section | 38260 |
| that is provided directly to students by a classroom teacher; | 38261 |
| (b) The cost of the instructional support services, such as | 38262 |
| services provided by a speech-language pathologist, classroom | 38263 |
| aide, multimedia aide, or librarian, provided directly to students | 38264 |
| in conjunction with each instructional services category; | 38265 |
| (c) The cost of the administrative support services related | 38266 |
| to each instructional services category, such as the cost of | 38267 |
| personnel that develop the curriculum for the instructional | 38268 |
| services category and the cost of personnel supervising or | 38269 |
| coordinating the delivery of the instructional services category. | 38270 |
| (4) Support or extracurricular services costs for each | 38271 |
| category of service directly provided to students and required by | 38272 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 38273 |
| The guidelines shall require the cost units under division (C)(4) | 38274 |
| of this section to be designed so that each of them may be | 38275 |
| compiled and reported in terms of average expenditure per pupil | 38276 |
| receiving the service in the school district as a whole and | 38277 |
| average expenditure per pupil receiving the service in each | 38278 |
| building in the school district and in terms of a total cost for | 38279 |
| each category of service and, as a breakdown of the total cost, a | 38280 |
| cost for each of the following components: | 38281 |
| (a) The cost of each support or extracurricular services | 38282 |
| category required by guidelines adopted under division (B)(1)(b) | 38283 |
| of this section that is provided directly to students by a | 38284 |
| licensed employee, such as services provided by a guidance | 38285 |
| counselor or any services provided by a licensed employee under a | 38286 |
| supplemental contract; | 38287 |
| (b) The cost of each such services category provided directly | 38288 |
| to students by a nonlicensed employee, such as janitorial | 38289 |
| services, cafeteria services, or services of a sports trainer; | 38290 |
| (c) The cost of the administrative services related to each | 38291 |
| services category in division (C)(4)(a) or (b) of this section, | 38292 |
| such as the cost of any licensed or nonlicensed employees that | 38293 |
| develop, supervise, coordinate, or otherwise are involved in | 38294 |
| administering or aiding the delivery of each services category. | 38295 |
| (D)(1) The guidelines adopted under this section shall | 38296 |
| require school districts to collect information about individual | 38297 |
| students, staff members, or both in connection with any data | 38298 |
| required by division (B) or (C) of this section or other reporting | 38299 |
| requirements established in the Revised Code. The guidelines may | 38300 |
| also require school districts to report information about | 38301 |
| individual staff members in connection with any data required by | 38302 |
| division (B) or (C) of this section or other reporting | 38303 |
| requirements established in the Revised Code. The guidelines shall | 38304 |
| not authorize school districts to request social security numbers | 38305 |
| of individual students. The guidelines shall prohibit the | 38306 |
| reporting under this section of a student's name, address, and | 38307 |
| social security number to the state board of education or the | 38308 |
| department of education. The guidelines shall also prohibit the | 38309 |
| reporting under this section of any personally identifiable | 38310 |
| information about any student, except for the purpose of assigning | 38311 |
| the data verification code required by division (D)(2) of this | 38312 |
| section, to any other person unless such person is employed by the | 38313 |
| school district or the information technology center operated | 38314 |
| under section 3301.075 of the Revised Code and is authorized by | 38315 |
| the district or technology center to have access to such | 38316 |
| information or is employed by an entity with which the department | 38317 |
|
contracts for the scoring of | 38318 |
|
section
3301.0711 | 38319 |
| guidelines may require school districts to provide the social | 38320 |
| security numbers of individual staff members. | 38321 |
| (2) The guidelines shall provide for each school district or | 38322 |
| community school to assign a data verification code that is unique | 38323 |
| on a statewide basis over time to each student whose initial Ohio | 38324 |
| enrollment is in that district or school and to report all | 38325 |
| required individual student data for that student utilizing such | 38326 |
| code. The guidelines shall also provide for assigning data | 38327 |
| verification codes to all students enrolled in districts or | 38328 |
| community schools on the effective date of the guidelines | 38329 |
| established under this section. | 38330 |
| Individual student data shall be reported to the department | 38331 |
| through the information technology centers utilizing the code but, | 38332 |
| except as provided in sections 3310.11, 3310.42, 3313.978, and | 38333 |
| 3317.20 of the Revised Code, at no time shall the state board or | 38334 |
| the department have access to information that would enable any | 38335 |
| data verification code to be matched to personally identifiable | 38336 |
| student data. | 38337 |
| Each school district shall ensure that the data verification | 38338 |
| code is included in the student's records reported to any | 38339 |
| subsequent school district or community school in which the | 38340 |
| student enrolls. Any such subsequent district or school shall | 38341 |
| utilize the same identifier in its reporting of data under this | 38342 |
| section. | 38343 |
| The director of health shall request and receive, pursuant to | 38344 |
| sections 3301.0723 and 3701.62 of the Revised Code, a data | 38345 |
| verification code for a child who is receiving services under | 38346 |
| division (A)(2) of section 3701.61 of the Revised Code. | 38347 |
| (E) The guidelines adopted under this section may require | 38348 |
| school districts to collect and report data, information, or | 38349 |
| reports other than that described in divisions (A), (B), and (C) | 38350 |
| of this section for the purpose of complying with other reporting | 38351 |
| requirements established in the Revised Code. The other data, | 38352 |
| information, or reports may be maintained in the education | 38353 |
| management information system but are not required to be compiled | 38354 |
| as part of the profile formats required under division (G) of this | 38355 |
| section or the annual statewide report required under division (H) | 38356 |
| of this section. | 38357 |
| (F) Beginning with the school year that begins July 1, 1991, | 38358 |
| the board of education of each school district shall annually | 38359 |
| collect and report to the state board, in accordance with the | 38360 |
| guidelines established by the board, the data required pursuant to | 38361 |
| this section. A school district may collect and report these data | 38362 |
| notwithstanding section 2151.357 or 3319.321 of the Revised Code. | 38363 |
| (G) The state board shall, in accordance with the procedures | 38364 |
| it adopts, annually compile the data reported by each school | 38365 |
| district pursuant to division (D) of this section. The state board | 38366 |
| shall design formats for profiling each school district as a whole | 38367 |
| and each school building within each district and shall compile | 38368 |
| the data in accordance with these formats. These profile formats | 38369 |
| shall: | 38370 |
| (1) Include all of the data gathered under this section in a | 38371 |
| manner that facilitates comparison among school districts and | 38372 |
| among school buildings within each school district; | 38373 |
| (2) Present the data on academic achievement levels as | 38374 |
| assessed by the testing of student achievement maintained pursuant | 38375 |
| to division (B)(1)(d) of this section. | 38376 |
| (H)(1) The state board shall, in accordance with the | 38377 |
| procedures it adopts, annually prepare a statewide report for all | 38378 |
| school districts and the general public that includes the profile | 38379 |
| of each of the school districts developed pursuant to division (G) | 38380 |
| of this section. Copies of the report shall be sent to each school | 38381 |
| district. | 38382 |
| (2) The state board shall, in accordance with the procedures | 38383 |
| it adopts, annually prepare an individual report for each school | 38384 |
| district and the general public that includes the profiles of each | 38385 |
| of the school buildings in that school district developed pursuant | 38386 |
| to division (G) of this section. Copies of the report shall be | 38387 |
| sent to the superintendent of the district and to each member of | 38388 |
| the district board of education. | 38389 |
| (3) Copies of the reports received from the state board under | 38390 |
| divisions (H)(1) and (2) of this section shall be made available | 38391 |
| to the general public at each school district's offices. Each | 38392 |
| district board of education shall make copies of each report | 38393 |
| available to any person upon request and payment of a reasonable | 38394 |
| fee for the cost of reproducing the report. The board shall | 38395 |
| annually publish in a newspaper of general circulation in the | 38396 |
| school district, at least twice during the two weeks prior to the | 38397 |
| week in which the reports will first be available, a notice | 38398 |
| containing the address where the reports are available and the | 38399 |
| date on which the reports will be available. | 38400 |
| (I) Any data that is collected or maintained pursuant to this | 38401 |
| section and that identifies an individual pupil is not a public | 38402 |
| record for the purposes of section 149.43 of the Revised Code. | 38403 |
| (J) As used in this section: | 38404 |
| (1) "School district" means any city, local, exempted | 38405 |
| village, or joint vocational school district and, in accordance | 38406 |
| with section 3314.17 of the Revised Code, any community school. As | 38407 |
| used in division (L) of this section, "school district" also | 38408 |
| includes any educational service center or other educational | 38409 |
| entity required to submit data using the system established under | 38410 |
| this section. | 38411 |
| (2) "Cost" means any expenditure for operating expenses made | 38412 |
| by a school district excluding any expenditures for debt | 38413 |
| retirement except for payments made to any commercial lending | 38414 |
| institution for any loan approved pursuant to section 3313.483 of | 38415 |
| the Revised Code. | 38416 |
| (K) Any person who removes data from the information system | 38417 |
| established under this section for the purpose of releasing it to | 38418 |
| any person not entitled under law to have access to such | 38419 |
| information is subject to section 2913.42 of the Revised Code | 38420 |
| prohibiting tampering with data. | 38421 |
| (L)(1) In accordance with division (L)(2) of this section and | 38422 |
| the rules adopted under division (L)(10) of this section, the | 38423 |
| department of education may sanction any school district that | 38424 |
| reports incomplete or inaccurate data, reports data that does not | 38425 |
| conform to data requirements and descriptions published by the | 38426 |
| department, fails to report data in a timely manner, or otherwise | 38427 |
| does not make a good faith effort to report data as required by | 38428 |
| this section. | 38429 |
| (2) If the department decides to sanction a school district | 38430 |
| under this division, the department shall take the following | 38431 |
| sequential actions: | 38432 |
| (a) Notify the district in writing that the department has | 38433 |
| determined that data has not been reported as required under this | 38434 |
| section and require the district to review its data submission and | 38435 |
| submit corrected data by a deadline established by the department. | 38436 |
| The department also may require the district to develop a | 38437 |
| corrective action plan, which shall include provisions for the | 38438 |
| district to provide mandatory staff training on data reporting | 38439 |
| procedures. | 38440 |
| (b) Withhold up to ten per cent of the total amount of state | 38441 |
| funds due to the district for the current fiscal year and, if not | 38442 |
| previously required under division (L)(2)(a) of this section, | 38443 |
| require the district to develop a corrective action plan in | 38444 |
| accordance with that division; | 38445 |
| (c) Withhold an additional amount of up to twenty per cent of | 38446 |
| the total amount of state funds due to the district for the | 38447 |
| current fiscal year; | 38448 |
| (d) Direct department staff or an outside entity to | 38449 |
| investigate the district's data reporting practices and make | 38450 |
| recommendations for subsequent actions. The recommendations may | 38451 |
| include one or more of the following actions: | 38452 |
| (i) Arrange for an audit of the district's data reporting | 38453 |
| practices by department staff or an outside entity; | 38454 |
| (ii) Conduct a site visit and evaluation of the district; | 38455 |
| (iii) Withhold an additional amount of up to thirty per cent | 38456 |
| of the total amount of state funds due to the district for the | 38457 |
| current fiscal year; | 38458 |
| (iv) Continue monitoring the district's data reporting; | 38459 |
| (v) Assign department staff to supervise the district's data | 38460 |
| management system; | 38461 |
| (vi) Conduct an investigation to determine whether to suspend | 38462 |
| or revoke the license of any district employee in accordance with | 38463 |
| division (N) of this section; | 38464 |
| (vii) If the district is issued a report card under section | 38465 |
| 3302.03 of the Revised Code, indicate on the report card that the | 38466 |
| district has been sanctioned for failing to report data as | 38467 |
| required by this section; | 38468 |
| (viii) If the district is issued a report card under section | 38469 |
| 3302.03 of the Revised Code and incomplete or inaccurate data | 38470 |
| submitted by the district likely caused the district to receive a | 38471 |
| higher performance rating than it deserved under that section, | 38472 |
| issue a revised report card for the district; | 38473 |
| (ix) Any other action designed to correct the district's data | 38474 |
| reporting problems. | 38475 |
| (3) Any time the department takes an action against a school | 38476 |
| district under division (L)(2) of this section, the department | 38477 |
| shall make a report of the circumstances that prompted the action. | 38478 |
| The department shall send a copy of the report to the district | 38479 |
| superintendent or chief administrator and maintain a copy of the | 38480 |
| report in its files. | 38481 |
| (4) If any action taken under division (L)(2) of this section | 38482 |
| resolves a school district's data reporting problems to the | 38483 |
| department's satisfaction, the department shall not take any | 38484 |
| further actions described by that division. If the department | 38485 |
| withheld funds from the district under that division, the | 38486 |
| department may release those funds to the district, except that if | 38487 |
| the department withheld funding under division (L)(2)(c) of this | 38488 |
| section, the department shall not release the funds withheld under | 38489 |
| division (L)(2)(b) of this section and, if the department withheld | 38490 |
| funding under division (L)(2)(d) of this section, the department | 38491 |
| shall not release the funds withheld under division (L)(2)(b) or | 38492 |
| (c) of this section. | 38493 |
| (5) Notwithstanding anything in this section to the contrary, | 38494 |
| the department may use its own staff or an outside entity to | 38495 |
| conduct an audit of a school district's data reporting practices | 38496 |
| any time the department has reason to believe the district has not | 38497 |
| made a good faith effort to report data as required by this | 38498 |
| section. If any audit conducted by an outside entity under | 38499 |
| division (L)(2)(d)(i) or (5) of this section confirms that a | 38500 |
| district has not made a good faith effort to report data as | 38501 |
| required by this section, the district shall reimburse the | 38502 |
| department for the full cost of the audit. The department may | 38503 |
| withhold state funds due to the district for this purpose. | 38504 |
| (6) Prior to issuing a revised report card for a school | 38505 |
| district under division (L)(2)(d)(viii) of this section, the | 38506 |
| department may hold a hearing to provide the district with an | 38507 |
| opportunity to demonstrate that it made a good faith effort to | 38508 |
| report data as required by this section. The hearing shall be | 38509 |
| conducted by a referee appointed by the department. Based on the | 38510 |
| information provided in the hearing, the referee shall recommend | 38511 |
| whether the department should issue a revised report card for the | 38512 |
| district. If the referee affirms the department's contention that | 38513 |
| the district did not make a good faith effort to report data as | 38514 |
| required by this section, the district shall bear the full cost of | 38515 |
| conducting the hearing and of issuing any revised report card. | 38516 |
| (7) If the department determines that any inaccurate data | 38517 |
| reported under this section caused a school district to receive | 38518 |
| excess state funds in any fiscal year, the district shall | 38519 |
| reimburse the department an amount equal to the excess funds, in | 38520 |
| accordance with a payment schedule determined by the department. | 38521 |
| The department may withhold state funds due to the district for | 38522 |
| this purpose. | 38523 |
| (8) Any school district that has funds withheld under | 38524 |
| division (L)(2) of this section may appeal the withholding in | 38525 |
| accordance with Chapter 119. of the Revised Code. | 38526 |
| (9) In all cases of a disagreement between the department and | 38527 |
| a school district regarding the appropriateness of an action taken | 38528 |
| under division (L)(2) of this section, the burden of proof shall | 38529 |
| be on the district to demonstrate that it made a good faith effort | 38530 |
| to report data as required by this section. | 38531 |
| (10) The state board of education shall adopt rules under | 38532 |
| Chapter 119. of the Revised Code to implement division (L) of this | 38533 |
| section. | 38534 |
| (M) No information technology center or school district shall | 38535 |
| acquire, change, or update its student administration software | 38536 |
| package to manage and report data required to be reported to the | 38537 |
| department unless it converts to a student software package that | 38538 |
| is certified by the department. | 38539 |
| (N) The state board of education, in accordance with sections | 38540 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 38541 |
| license as defined under division (A) of section 3319.31 of the | 38542 |
| Revised Code that has been issued to any school district employee | 38543 |
| found to have willfully reported erroneous, inaccurate, or | 38544 |
| incomplete data to the education management information system. | 38545 |
| (O) No person shall release or maintain any information about | 38546 |
| any student in violation of this section. Whoever violates this | 38547 |
| division is guilty of a misdemeanor of the fourth degree. | 38548 |
| (P) The department shall disaggregate the data collected | 38549 |
|
under
division (B)(1) | 38550 |
| and socioeconomic status of the students assessed. No data | 38551 |
| collected under that division shall be included on the report | 38552 |
| cards required by section 3302.03 of the Revised Code. | 38553 |
| (Q) If the department cannot compile any of the information | 38554 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 38555 |
| based upon the data collected under this section, the department | 38556 |
| shall develop a plan and a reasonable timeline for the collection | 38557 |
| of any data necessary to comply with that division. | 38558 |
| Sec. 3301.0715. (A) Except as provided in division (E) of | 38559 |
| this section, the board of education of each city, local, and | 38560 |
| exempted village school district shall administer each applicable | 38561 |
| diagnostic assessment developed and provided to the district in | 38562 |
| accordance with section 3301.079 of the Revised Code to the | 38563 |
| following: | 38564 |
| (1) Each student enrolled in a building that has failed to | 38565 |
| make adequate yearly progress for two or more consecutive school | 38566 |
| years; | 38567 |
| (2) Any student who transfers into the district or to a | 38568 |
| different school within the district if each applicable diagnostic | 38569 |
| assessment was not administered by the district or school the | 38570 |
| student previously attended in the current school year, within | 38571 |
| thirty days after the date of transfer. If the district or school | 38572 |
| into which the student transfers cannot determine whether the | 38573 |
| student has taken any applicable diagnostic assessment in the | 38574 |
| current school year, the district or school may administer the | 38575 |
| diagnostic assessment to the student. | 38576 |
| (3) Each kindergarten student, not earlier than four weeks | 38577 |
| prior to the first day of school and not later than the first day | 38578 |
| of October. For the purpose of division (A)(3) of this section, | 38579 |
| the district shall administer the kindergarten readiness | 38580 |
| assessment provided by the department of education. In no case | 38581 |
| shall the results of the readiness assessment be used to prohibit | 38582 |
| a student from enrolling in kindergarten. | 38583 |
| (4) Each student enrolled in first or second grade. | 38584 |
| (B) Each district board shall administer each diagnostic | 38585 |
| assessment as the board deems appropriate. However, the board | 38586 |
| shall administer any diagnostic assessment at least once annually | 38587 |
| to all students in the appropriate grade level. A district board | 38588 |
| may administer any diagnostic assessment in the fall and spring of | 38589 |
| a school year to measure the amount of academic growth | 38590 |
| attributable to the instruction received by students during that | 38591 |
| school year. | 38592 |
| (C) Each district board shall utilize and score any | 38593 |
| diagnostic assessment administered under division (A) of this | 38594 |
| section in accordance with rules established by the department. | 38595 |
|
Except as required by division (B)(1) | 38596 |
| of the Revised Code, neither the state board of education nor the | 38597 |
| department shall require school districts to report the results of | 38598 |
| diagnostic assessments for any students to the department or to | 38599 |
| make any such results available in any form to the public. After | 38600 |
| the administration of any diagnostic assessment, each district | 38601 |
| shall provide a student's completed diagnostic assessment, the | 38602 |
| results of such assessment, and any other accompanying documents | 38603 |
| used during the administration of the assessment to the parent of | 38604 |
| that student upon the parent's request. | 38605 |
| (D) Each district board shall provide intervention services | 38606 |
| to students whose diagnostic assessments show that they are | 38607 |
| failing to make satisfactory progress toward attaining the | 38608 |
| academic standards for their grade level. | 38609 |
| (E) Any district that made adequate yearly progress in the | 38610 |
| immediately preceding school year may assess student progress in | 38611 |
| grades one through three using a diagnostic assessment other than | 38612 |
| the diagnostic assessment required by division (A) of this | 38613 |
| section. | 38614 |
| (F) A district board may administer the third grade | 38615 |
| English language arts diagnostic assessment provided to the | 38616 |
| district in accordance with section 3301.079 of the Revised Code | 38617 |
| to any student enrolled in a building that is not subject to | 38618 |
| division (A)(1) of this section. Any district electing to | 38619 |
| administer the diagnostic assessment to students under this | 38620 |
| division shall provide intervention services to any such student | 38621 |
| whose diagnostic assessment shows unsatisfactory progress toward | 38622 |
| attaining the academic standards for the student's grade level. | 38623 |
| (G) As used in this section, "adequate yearly progress" has | 38624 |
| the same meaning as in section 3302.01 of the Revised Code. | 38625 |
| Sec. 3301.0716. Notwithstanding division (D) of section | 38626 |
| 3301.0714 of the Revised Code, the department of education may | 38627 |
| have access to personally identifiable information about any | 38628 |
| student under the following circumstances: | 38629 |
| (A) An entity with which the department contracts for the | 38630 |
|
scoring of | 38631 |
| or 3301.0712 of the Revised Code has notified the department that | 38632 |
|
the student's written response to a question on | 38633 |
| assessment included threats or descriptions of harm to another | 38634 |
| person or the student's self and the information is necessary to | 38635 |
| enable the department to identify the student for purposes of | 38636 |
| notifying the school district or school in which the student is | 38637 |
| enrolled of the potential for harm. | 38638 |
| (B) The department requests the information to respond to an | 38639 |
| appeal from a school district or school for verification of the | 38640 |
|
accuracy of the student's score on | 38641 |
| administered under section 3301.0711 or 3301.0712 of the Revised | 38642 |
| Code. | 38643 |
| (C) The department requests the information to determine | 38644 |
| whether the student satisfies the alternative conditions for a | 38645 |
| high school diploma prescribed in section 3313.615 of the Revised | 38646 |
| Code. | 38647 |
| Sec. 3301.12. (A) The superintendent of public instruction | 38648 |
| in addition to the authority otherwise imposed on the | 38649 |
| superintendent, shall perform the following duties: | 38650 |
| (1) The superintendent shall provide technical and | 38651 |
| professional assistance and advice to all school districts in | 38652 |
| reference to all aspects of education, including finance, | 38653 |
| buildings and equipment, administration, organization of school | 38654 |
| districts, curriculum and instruction, transportation of pupils, | 38655 |
| personnel problems, and the interpretation of school laws and | 38656 |
| state regulations. | 38657 |
| (2) The superintendent shall prescribe and require the | 38658 |
| preparation and filing of such financial and other reports from | 38659 |
| school districts, officers, and employees as are necessary or | 38660 |
| proper. The superintendent shall prescribe and require the | 38661 |
| installation by school districts of such standardized reporting | 38662 |
| forms and accounting procedures as are essential to the | 38663 |
| businesslike operations of the public schools of the state. | 38664 |
| (3) The superintendent shall conduct such studies and | 38665 |
| research projects as are necessary or desirable for the | 38666 |
| improvement of public school education in Ohio, and such as may be | 38667 |
| assigned to the superintendent by the state board of education. | 38668 |
| Such studies and projects may include analysis of data contained | 38669 |
| in the education management information system established under | 38670 |
| section 3301.0714 of the Revised Code. For any study or project | 38671 |
| that requires the analysis of individual student data, the | 38672 |
| department of education or any entity with which the | 38673 |
| superintendent or department contracts to conduct the study or | 38674 |
| project shall maintain the confidentiality of student data at all | 38675 |
| times. For this purpose, the department or contracting entity | 38676 |
| shall use the data verification code assigned pursuant to division | 38677 |
| (D)(2) of section 3301.0714 of the Revised Code for each student | 38678 |
| whose data is analyzed. Except as otherwise provided in division | 38679 |
| (D)(1) of section 3301.0714 of the Revised Code, at no time shall | 38680 |
| the superintendent, the department, the state board of education, | 38681 |
| or any entity conducting a study or research project on the | 38682 |
| superintendent's behalf have access to a student's name, address, | 38683 |
| or social security number while analyzing individual student data. | 38684 |
| (4) The superintendent shall prepare and submit annually to | 38685 |
| the state board of education a report of the activities of the | 38686 |
| department of education and the status, problems, and needs of | 38687 |
| education in the state of Ohio. | 38688 |
| (5) The superintendent shall supervise all agencies over | 38689 |
| which the board exercises administrative control, including | 38690 |
| schools for education of persons with disabilities. | 38691 |
| (6) In accordance with section 3333.048 of the Revised Code, | 38692 |
| the superintendent, jointly with the chancellor of the Ohio board | 38693 |
| of regents, shall establish metrics and courses of study for | 38694 |
| institutions of higher education that prepare educators and other | 38695 |
| school personnel and shall provide for inspection of those | 38696 |
| institutions. | 38697 |
| (B) The superintendent of public instruction may annually | 38698 |
| inspect and analyze the expenditures of each school district and | 38699 |
| make a determination as to the efficiency of each district's | 38700 |
| costs, relative to other school districts in the state, for | 38701 |
| instructional, administrative, and student support services. The | 38702 |
| superintendent shall notify each school district as to the nature | 38703 |
| of, and reasons for, the determination. The state board of | 38704 |
| education shall adopt rules in accordance with Chapter 119. of the | 38705 |
| Revised Code setting forth the procedures and standards for the | 38706 |
| performance of the inspection and analysis. | 38707 |
| Sec. 3301.122. Not later than December 1, 2009, the | 38708 |
| superintendent of public instruction, in consultation with the | 38709 |
| chancellor of the Ohio board of regents, shall develop a ten-year | 38710 |
| strategic plan aligned with the strategic plan for higher | 38711 |
| education developed by the chancellor under division (D) of | 38712 |
| Section 375.30.25 of Am. Sub. H.B. 119 of the 127th general | 38713 |
| assembly. The superintendent shall submit the plan to the general | 38714 |
| assembly, in accordance with section 101.68 of the Revised Code, | 38715 |
| and to the governor. The plan shall include recommendations for: | 38716 |
| (A) A framework for collaborative, professional, innovative, | 38717 |
| and thinking twenty-first century learning environments; | 38718 |
| (B) Ways to prepare and support Ohio's educators for | 38719 |
| successful instructional careers; | 38720 |
| (C) Enhancement of the current financial and resource | 38721 |
| management accountability systems; | 38722 |
| (D) Implementation of an effective school funding system | 38723 |
| according to the principles, mandates, and guidance established in | 38724 |
| Chapter 3306. of the Revised Code. | 38725 |
| Sec. 3301.16. Pursuant to standards prescribed by the state | 38726 |
| board of education as provided in division (D) of section 3301.07 | 38727 |
| of the Revised Code, the state board shall classify and charter | 38728 |
| school districts and individual schools within each district | 38729 |
| except that no charter shall be granted to a nonpublic school | 38730 |
|
unless | 38731 |
| 38732 | |
| 38733 | |
|
Revised
Code | 38734 |
| In the course of considering the charter of a new school | 38735 |
| district created under section 3311.26 or 3311.38 of the Revised | 38736 |
| Code, the state board shall require the party proposing creation | 38737 |
| of the district to submit to the board a map, certified by the | 38738 |
| county auditor of the county in which the proposed new district is | 38739 |
| located, showing the boundaries of the proposed new district. In | 38740 |
| the case of a proposed new district located in more than one | 38741 |
| county, the map shall be certified by the county auditor of each | 38742 |
| county in which the proposed district is located. | 38743 |
| The state board shall revoke the charter of any school | 38744 |
| district or school which fails to meet the standards for | 38745 |
| elementary and high schools as prescribed by the board. The state | 38746 |
| board shall also revoke the charter of any nonpublic school that | 38747 |
|
does not comply with
section 3313.612 of the Revised Code | 38748 |
| 38749 | |
| 38750 | |
| 38751 |
| In the issuance and revocation of school district or school | 38752 |
| charters, the state board shall be governed by the provisions of | 38753 |
| Chapter 119. of the Revised Code. | 38754 |
| No school district, or individual school operated by a school | 38755 |
| district, shall operate without a charter issued by the state | 38756 |
| board under this section. | 38757 |
| In case a school district charter is revoked pursuant to this | 38758 |
| section, the state board may dissolve the school district and | 38759 |
| transfer its territory to one or more adjacent districts. An | 38760 |
| equitable division of the funds, property, and indebtedness of the | 38761 |
| school district shall be made by the state board among the | 38762 |
| receiving districts. The board of education of a receiving | 38763 |
| district shall accept such territory pursuant to the order of the | 38764 |
| state board. Prior to dissolving the school district, the state | 38765 |
| board shall notify the appropriate educational service center | 38766 |
| governing board and all adjacent school district boards of | 38767 |
| education of its intention to do so. Boards so notified may make | 38768 |
| recommendations to the state board regarding the proposed | 38769 |
| dissolution and subsequent transfer of territory. Except as | 38770 |
| provided in section 3301.161 of the Revised Code, the transfer | 38771 |
| ordered by the state board shall become effective on the date | 38772 |
| specified by the state board, but the date shall be at least | 38773 |
| thirty days following the date of issuance of the order. | 38774 |
| A high school is one of higher grade than an elementary | 38775 |
| school, in which instruction and training are given in accordance | 38776 |
| with sections 3301.07 and 3313.60 of the Revised Code and which | 38777 |
| also offers other subjects of study more advanced than those | 38778 |
| taught in the elementary schools and such other subjects as may be | 38779 |
| approved by the state board of education. | 38780 |
| An elementary school is one in which instruction and training | 38781 |
| are given in accordance with sections 3301.07 and 3313.60 of the | 38782 |
| Revised Code and which offers such other subjects as may be | 38783 |
| approved by the state board of education. In districts wherein a | 38784 |
| junior high school is maintained, the elementary schools in that | 38785 |
| district may be considered to include only the work of the first | 38786 |
| six school years inclusive, plus the kindergarten year. | 38787 |
| A high school or an elementary school may consist of less | 38788 |
| than one or more than one organizational unit, as defined in | 38789 |
| sections 3306.02 and 3306.04 of the Revised Code. | 38790 |
| Sec. 3301.42. The partnership for continued learning shall | 38791 |
| promote systemic approaches to education by supporting regional | 38792 |
| efforts to foster collaboration among providers of preschool | 38793 |
| through postsecondary education, identifying the workforce needs | 38794 |
| of private sector employers in the state, and making | 38795 |
| recommendations for facilitating collaboration among providers of | 38796 |
| preschool through postsecondary education and for maintaining a | 38797 |
| high-quality workforce in the state. Copies of the recommendations | 38798 |
| shall be provided to the governor, the president and minority | 38799 |
| leader of the senate, the speaker and minority leader of the house | 38800 |
| of representatives, the chairpersons and ranking minority members | 38801 |
| of the standing committees of the senate and the house of | 38802 |
| representatives that consider education legislation, the | 38803 |
| 38804 | |
| president of the state board of education. The recommendations | 38805 |
| shall address at least the following issues: | 38806 |
| (A) Expansion of access to preschool and other learning | 38807 |
| opportunities for children under five years old; | 38808 |
| (B) Increasing opportunities for students to earn credit | 38809 |
| toward a degree from an institution of higher education while | 38810 |
| enrolled in high school, including expanded opportunities for | 38811 |
| students to earn that credit on their high school campuses; a | 38812 |
| definition of "in good standing" for purposes of section 3313.6013 | 38813 |
| of the Revised Code; and legislative changes that the partnership, | 38814 |
| in consultation with the Ohio board of regents and the state board | 38815 |
| of education, determines would improve the operation of the | 38816 |
| post-secondary enrollment options program established under | 38817 |
| Chapter 3365. of the Revised Code and other dual enrollment | 38818 |
| programs. The recommendations for legislative changes required by | 38819 |
| this division shall be issued not later than May 31, 2007. | 38820 |
| (C) Expansion of access to workforce development programs | 38821 |
| administered by school districts, institutions of higher | 38822 |
| education, and other providers of career-technical education; | 38823 |
| (D) Alignment of the statewide academic standards for grades | 38824 |
| nine through twelve adopted under section 3301.079 of the Revised | 38825 |
| Code, the Ohio graduation tests prescribed by division (B)(1) of | 38826 |
| section 3301.0710 of the Revised Code and the assessment system | 38827 |
| prescribed by division (B)(2) of that section, and the curriculum | 38828 |
| requirements for a high school diploma prescribed by section | 38829 |
| 3313.603 of the Revised Code with the expectations of employers | 38830 |
| and institutions of higher education regarding the knowledge and | 38831 |
| skills that high school graduates should attain prior to entering | 38832 |
| the workforce or enrolling in an institution of higher education; | 38833 |
| (E) Improving the science and mathematics skills of students | 38834 |
| and employees to meet the needs of a knowledge-intensive economy; | 38835 |
| (F) Reducing the number of students who need academic | 38836 |
| remediation after enrollment in an institution of higher | 38837 |
| education; | 38838 |
| (G) Expansion of school counseling career and educational | 38839 |
| programs, access programs, and other strategies to overcome | 38840 |
| financial, cultural, and organizational barriers that interfere | 38841 |
| with students' planning for postsecondary education and that | 38842 |
| prevent students from obtaining a postsecondary education; | 38843 |
| (H) Alignment of teacher preparation programs approved by the | 38844 |
| 38845 | |
|
pursuant to section | 38846 |
| instructional needs and expectations of school districts; | 38847 |
| (I) Strategies for retaining more graduates of Ohio | 38848 |
| institutions of higher education in the state and for attracting | 38849 |
| talented individuals from outside Ohio to work in the state; | 38850 |
| (J) Strategies for promoting lifelong continuing education as | 38851 |
| a component of maintaining a strong workforce and economy; | 38852 |
| (K) Appropriate measures of the impact of statewide efforts | 38853 |
| to promote collaboration among providers of preschool through | 38854 |
| postsecondary education and to develop a high-quality workforce | 38855 |
| and strategies for collecting and sharing data relevant to such | 38856 |
| measures; | 38857 |
| (L) Strategies for developing and improving opportunities and | 38858 |
| for removing barriers to achievement for children identified as | 38859 |
| gifted under Chapter 3324. of the Revised Code; | 38860 |
| (M) Legislative changes to establish criteria by which state | 38861 |
| universities may waive the general requirement, under division (B) | 38862 |
| of section 3345.06 of the Revised Code, that a student complete | 38863 |
| the Ohio core curriculum to be admitted as an undergraduate. The | 38864 |
| partnership at least shall consider criteria for waiving the | 38865 |
| requirement for students who have served in the military and | 38866 |
| students who entered ninth grade on or after July 1, 2010, in | 38867 |
| another state and moved to Ohio prior to high school graduation. | 38868 |
| The recommendations for legislative changes under this division | 38869 |
| shall be developed in consultation with the Ohio board of regents | 38870 |
| and shall be issued not later than July 1, 2007. | 38871 |
| Sec. 3301.55. (A) A school district, county MR/DD board, or | 38872 |
| eligible nonpublic school operating a preschool program shall | 38873 |
| house the program in buildings that meet the following | 38874 |
| requirements: | 38875 |
| (1) The building is operated by the district, county MR/DD | 38876 |
| board, or eligible nonpublic school and has been approved by the | 38877 |
|
division
of | 38878 |
| commerce or a certified municipal, township, or county building | 38879 |
| department for the purpose of operating a program for preschool | 38880 |
| children. Any such structure shall be constructed, equipped, | 38881 |
| repaired, altered, and maintained in accordance with applicable | 38882 |
| provisions of Chapters 3781. and 3791. and with rules adopted by | 38883 |
| the board of building standards under Chapter 3781. of the Revised | 38884 |
| Code for the safety and sanitation of structures erected for this | 38885 |
| purpose. | 38886 |
| (2) The building is in compliance with fire and safety laws | 38887 |
| and regulations as evidenced by reports of annual school fire and | 38888 |
| safety inspections as conducted by appropriate local authorities. | 38889 |
| (3) The school is in compliance with rules established by the | 38890 |
| state board of education regarding school food services. | 38891 |
| (4) The facility includes not less than thirty-five square | 38892 |
| feet of indoor space for each child in the program. Safe play | 38893 |
| space, including both indoor and outdoor play space, totaling not | 38894 |
| less than sixty square feet for each child using the space at any | 38895 |
| one time, shall be regularly available and scheduled for use. | 38896 |
| (5) First aid facilities and space for temporary placement or | 38897 |
| isolation of injured or ill children are provided. | 38898 |
| (B) Each school district, county MR/DD board, or eligible | 38899 |
| nonpublic school that operates, or proposes to operate, a | 38900 |
| preschool program shall submit a building plan including all | 38901 |
| information specified by the state board of education to the board | 38902 |
| not later than the first day of September of the school year in | 38903 |
| which the program is to be initiated. The board shall determine | 38904 |
| whether the buildings meet the requirements of this section and | 38905 |
| section 3301.53 of the Revised Code, and notify the superintendent | 38906 |
| of its determination. If the board determines, on the basis of the | 38907 |
| building plan or any other information, that the buildings do not | 38908 |
| meet those requirements, it shall cause the buildings to be | 38909 |
| inspected by the department of education. The department shall | 38910 |
| make a report to the superintendent specifying any aspects of the | 38911 |
| building that are not in compliance with the requirements of this | 38912 |
| section and section 3301.53 of the Revised Code and the time | 38913 |
| period that will be allowed the district, county MR/DD board, or | 38914 |
| school to meet the requirements. | 38915 |
| Sec. 3301.68. There is hereby | 38916 |
| legislative committee on education oversight as a subcommittee of | 38917 |
| the legislative service commission. The committee shall consist of | 38918 |
| five members of the house of representatives appointed by the | 38919 |
| speaker of the house of representatives and five members of the | 38920 |
| senate appointed by the president of the senate. Not more than | 38921 |
| three of the members appointed from each house shall be members of | 38922 |
| the same political party. Members shall serve during the term of | 38923 |
| office to which they were elected. | 38924 |
| The committee, subject to the oversight and direction of the | 38925 |
| legislative service commission, shall direct the work of the | 38926 |
| legislative office of education oversight, which is hereby | 38927 |
| 38928 | |
| director and such other staff as are necessary for the operation | 38929 |
| of the office, who shall be in the unclassified service of the | 38930 |
| state, and may contract for the services of whatever technical | 38931 |
| advisors are necessary for the committee and the office to carry | 38932 |
| out their duties. | 38933 |
| The chairperson and vice-chairperson of the legislative | 38934 |
| service commission shall fix the compensation of the director. The | 38935 |
| director, with the approval of the director of the legislative | 38936 |
| service commission, shall fix the compensation of other staff of | 38937 |
| the office in accordance with a salary schedule established by the | 38938 |
| director of the legislative service commission. Contracts for the | 38939 |
| services of necessary technical advisors shall be approved by the | 38940 |
| director of the legislative service commission. | 38941 |
| All expenses incurred by the committee or office shall be | 38942 |
| paid upon vouchers approved by the chairperson of the committee. | 38943 |
| The committee shall adopt rules for the conduct of its business | 38944 |
| and the election of officers, except that the office of | 38945 |
| chairperson of the committee shall alternate each general assembly | 38946 |
| between a member of the house of representatives selected by the | 38947 |
| speaker and a member of the senate selected by the president. | 38948 |
| The committee shall select, for the office to review and | 38949 |
| evaluate, education and school-related programs that receive state | 38950 |
| financial assistance in any form. The reviews and evaluations may | 38951 |
| include any of the following: | 38952 |
| (A) Assessment of the uses school districts and institutions | 38953 |
| of higher education make of state money they receive and | 38954 |
| determination of the extent to which such money improves school | 38955 |
| district or institutional performance in the areas for which the | 38956 |
| money was intended to be used; | 38957 |
| (B) Determination of whether an education program meets its | 38958 |
| intended goals, has adequate operating or administrative | 38959 |
| procedures and fiscal controls, encompasses only authorized | 38960 |
| activities, has any undesirable or unintended effects, and is | 38961 |
| efficiently managed; | 38962 |
| (C) Examination of various pilot programs developed and | 38963 |
| initiated in school districts and at state-assisted colleges and | 38964 |
| universities to determine whether such programs suggest | 38965 |
| innovative, effective ways to deal with problems that may exist in | 38966 |
| other school districts or state-assisted colleges or universities, | 38967 |
| and to assess the fiscal costs and likely impact of adopting such | 38968 |
| programs throughout the state or in other state-assisted colleges | 38969 |
| and universities. | 38970 |
| The committee shall report the results of each program review | 38971 |
| the office conducts to the general assembly. | 38972 |
| If the general assembly directs the legislative office of | 38973 |
| education oversight to submit a study to the general assembly by a | 38974 |
| particular date, the committee, upon a majority vote of its | 38975 |
| members, may modify the scope and due date of the study to | 38976 |
| accommodate the availability of data and resources. | 38977 |
| Sec. 3301.80. The office of school resource management is | 38978 |
| hereby established within the department of education. The office | 38979 |
| shall assist school districts, community schools established under | 38980 |
| Chapter 3314. of the Revised Code, and STEM schools established | 38981 |
| under Chapter 3326. of the Revised Code in improving the | 38982 |
| efficiency of their educational and operational systems by using | 38983 |
| data and best practices to redirect resources to classroom | 38984 |
| practices that research has shown to contribute to student | 38985 |
| academic success. | 38986 |
| The office shall do all of the following: | 38987 |
| (A) In consultation with the auditor of state and the | 38988 |
| director of budget and management, determine the fiscal data to | 38989 |
| be included on the funding and expenditure accountability reports | 38990 |
| required under division (C) of section 3302.031 of the Revised | 38991 |
| Code. The office may consult with fiscal officers of school | 38992 |
| districts and public schools and may use data collected from the | 38993 |
| department's work with school districts on resource allocation, | 38994 |
| conducted pursuant to Section 269.10.60 of Am. Sub. H.B. 119 of | 38995 |
| the 127th general assembly, in making its determination. | 38996 |
| (B) Collaborate with the auditor of state to establish the | 38997 |
| metrics for the performance reviews conducted under section | 38998 |
| 3306.32 of the Revised Code and to periodically publish best | 38999 |
| practices for improved operational efficiency, as identified in | 39000 |
| the performance reviews; | 39001 |
| (C) Ensure that school districts, community schools, and STEM | 39002 |
| schools act in a timely manner to develop plans for implementation | 39003 |
| of the recommendations made in the performance reviews conducted | 39004 |
| under section 3306.32 of the Revised Code; | 39005 |
| (D) Provide staff assistance to the Ohio school funding | 39006 |
| research advisory council; | 39007 |
| (E) Conduct assessments and evaluations as directed by the | 39008 |
| superintendent of public instruction. | 39009 |
| Sec. 3301.81. The office of urban and rural student success | 39010 |
| is hereby created within the department of education. The office | 39011 |
| shall do all of the following: | 39012 |
| (A) Develop system redesign and improvement strategies for | 39013 |
| urban and rural school districts; | 39014 |
| (B) Provide school districts with recommendations and | 39015 |
| strategies to improve the academic success of students from | 39016 |
| economically disadvantaged areas; | 39017 |
| (C) Provide school districts with recommendations and | 39018 |
| strategies to address nonacademic barriers, including social, | 39019 |
| emotional, physical, and psychological barriers, facing students | 39020 |
| from economically disadvantaged areas; | 39021 |
| (D) Work with the university system of Ohio institutions, | 39022 |
| private institutions of higher education, and national and | 39023 |
| international experts when implementing its duties under divisions | 39024 |
| (A) to (C) of this section; | 39025 |
| (E) Provide other assistance and support to meet the unique | 39026 |
| needs of urban and rural school districts, as directed by the | 39027 |
| superintendent of public instruction. | 39028 |
| Sec. 3301.82. (A) The center for creativity and innovation is | 39029 |
| hereby created in the department of education. The center shall | 39030 |
| assist schools in city, exempted village, local, and joint | 39031 |
| vocational school districts, educational service centers, | 39032 |
| community schools established under Chapter 3314. of the Revised | 39033 |
| Code, and STEM schools established under Chapter 3326. of the | 39034 |
| Revised Code in any of the following: | 39035 |
| (1) The design and implementation of strategies and systems | 39036 |
| that enable schools to become professional learning communities, | 39037 |
| including the following: | 39038 |
| (a) Mentoring and coaching teachers and support staff; | 39039 |
| (b) Enabling school principals to focus on supporting | 39040 |
| instruction and engaging teachers and support staff as part of the | 39041 |
| instructional leadership team so that teachers and staff may share | 39042 |
| the responsibility for making and implementing school decisions; | 39043 |
| (c) Adopting new models for restructuring the learning day or | 39044 |
| year, such as including teacher planning and collaboration time as | 39045 |
| part of the school day; | 39046 |
| (d) Creating smaller schools or smaller units within larger | 39047 |
| schools to facilitate teacher collaboration to improve and advance | 39048 |
| the professional practice of teaching and to enhance instruction | 39049 |
| that yields enhanced student achievement. | 39050 |
| (2) The use of strategies in collaboration with the teach | 39051 |
| Ohio program to promote, recruit, and enhance the teaching | 39052 |
| profession, including: | 39053 |
| (a) The design and implementation of "grow your own" | 39054 |
| recruitment and retention strategies that are designed to support | 39055 |
| individuals in becoming licensed teachers, to retain highly | 39056 |
| qualified teachers, to assist experienced teachers in obtaining | 39057 |
| licensure in subject areas for which there is need, to assist | 39058 |
| teachers in obtaining senior professional educator and lead | 39059 |
| professional educator licenses, and to assist teachers to grow and | 39060 |
| develop in the profession; | 39061 |
| (b) Enhanced conditions for new teachers; | 39062 |
| (c) Incentives to attract qualified mathematics, science, or | 39063 |
| special education teachers; | 39064 |
| (d) The development and implementation of a partnership with | 39065 |
| teacher preparation programs at colleges and universities to help | 39066 |
| attract teachers qualified to teach in shortage areas; | 39067 |
| (e) The implementation of a program to increase the cultural | 39068 |
| competency of both new and veteran teachers. | 39069 |
| (3) Identifying statutes, rules, and regulations that impede | 39070 |
| the adoption of innovative practices and make recommendations to | 39071 |
| the superintendent of public instruction for the repeal, | 39072 |
| rescission, revision, or waiver of those provisions; | 39073 |
| (4) Identifying promising programs and practices based on | 39074 |
| high quality education research and developing models for their | 39075 |
| early adoption, including research and practices in arts education | 39076 |
| and creativity; | 39077 |
| (5) Other duties as assigned by the superintendent of public | 39078 |
| instruction. | 39079 |
| (B) The center shall provide staff assistance to the Ohio | 39080 |
| school funding research advisory council. | 39081 |
| (C) The center shall promote collaboration between school | 39082 |
| districts and community schools established under Chapter 3314. of | 39083 |
| the Revised Code to enhance the academic programs of both and to | 39084 |
| broaden the application of successful and innovative academic | 39085 |
| practices developed by community schools. In doing so, the center | 39086 |
| shall work with the office of community schools to do the | 39087 |
| following: | 39088 |
| (1) Study, gather information concerning, and serve as a | 39089 |
| clearinghouse of best practices and innovative programming | 39090 |
| developed and utilized by community schools that could be adopted | 39091 |
| by school districts; | 39092 |
| (2) Identify circumstances in which students could benefit | 39093 |
| from collaboration between the complementary programs of school | 39094 |
| districts and community schools. | 39095 |
| (D) The department may accept, receive, and expend gifts, | 39096 |
| devises, or bequests of money, lands, or other properties for the | 39097 |
| center for creativity and innovation. The state board of education | 39098 |
| may adopt rules for the purpose of enabling the center to carry | 39099 |
| out the conditions and limitations upon which a bequest, gift, or | 39100 |
| endowment is made. | 39101 |
| Sec. 3301.83. (A) The department of education shall conduct | 39102 |
| an on-site visit of each school operated by a school district at | 39103 |
| least every five years to evaluate the school's operations. | 39104 |
| During each visit, the department shall do all of the following: | 39105 |
| (1) Determine if the school has complied with the operating | 39106 |
| standards prescribed by the state board of education under | 39107 |
| division (D)(3) of section 3301.07 of the Revised Code; | 39108 |
| (2) Determine if the school has complied with all laws | 39109 |
| regarding academic and fiscal accountability and with all other | 39110 |
| applicable laws and administrative rules; | 39111 |
| (3) Review the school's progress in implementing a continuous | 39112 |
| improvement plan developed under division (B) of section 3302.04 | 39113 |
| of the Revised Code, if applicable. | 39114 |
| (B) Each on-site visit conducted under this section shall | 39115 |
| include school tours, classroom observations, and interviews with | 39116 |
| administrators, teachers, other school staff, parents, community | 39117 |
| members, or students. | 39118 |
| (C) Each school shall provide any data, documents, or other | 39119 |
| materials the department considers necessary to enable it to | 39120 |
| conduct a thorough on-site visit. | 39121 |
| (D) Upon completion of each on-site visit, the department | 39122 |
| shall issue a written report summarizing its findings. The | 39123 |
| department shall provide a copy of the report to the district | 39124 |
| board of education. The district board may submit factual | 39125 |
| corrections to the department by a deadline established by the | 39126 |
| department. Upon receipt of any factual corrections, the | 39127 |
| department shall revise the report and issue a final version. The | 39128 |
| department shall post the final version of the report on its web | 39129 |
| site. The district board also shall post the final version on the | 39130 |
| district's web site, if the district maintains a web site. | 39131 |
| (E) Any on-site visit required by this section may be | 39132 |
| conducted in conjunction with a site evaluation required under | 39133 |
| division (D) of section 3302.04 of the Revised Code. | 39134 |
| (F) The state board of education shall adopt rules to | 39135 |
| implement this section. | 39136 |
| Sec. 3301.90. The governor shall create the early childhood | 39137 |
| advisory council in accordance with 42 U.S.C. 9837b(b)(1) and | 39138 |
| shall appoint one of its members to serve as chairperson of the | 39139 |
| council. The council shall serve as the state advisory council on | 39140 |
| early childhood education and care, as described in 42 U.S.C. | 39141 |
| 9837b(b)(1). In addition to the duties specified in 42 U.S.C. | 39142 |
| 9837b(b)(1), the council shall advise the state regarding the | 39143 |
| creation and duties of the center for early childhood | 39144 |
| development. | 39145 |
| Sec. 3302.01. As used in this chapter: | 39146 |
| (A) "Performance index score" means the average of the totals | 39147 |
|
derived from calculations for each subject area of | 39148 |
| 39149 | |
| studies of the weighted proportion of untested students and | 39150 |
| students scoring at each level of skill described in division | 39151 |
|
(A)(2) of section 3301.0710 of the Revised Code on the | 39152 |
| assessments prescribed by divisions (A) and (B)(1) of that | 39153 |
| section. The department of education shall assign weights such | 39154 |
|
that students who do not take | 39155 |
|
weight of zero and students who take | 39156 |
| progressively larger weights dependent upon the level of skill | 39157 |
|
attained on the | 39158 |
| determine the performance index score a school district or | 39159 |
| building needs to achieve for the purpose of the performance | 39160 |
| ratings assigned pursuant to section 3302.03 of the Revised Code. | 39161 |
| Students shall be included in the "performance index score" | 39162 |
| in accordance with division (D)(2) of section 3302.03 of the | 39163 |
| Revised Code. | 39164 |
| (B) "Subgroup" means a subset of the entire student | 39165 |
| population of the state, a school district, or a school building | 39166 |
| and includes each of the following: | 39167 |
| (1) Major racial and ethnic groups; | 39168 |
| (2) Students with disabilities; | 39169 |
| (3) Economically disadvantaged students; | 39170 |
| (4) Limited English proficient students. | 39171 |
| (C) "No Child Left Behind Act of 2001" includes the statutes | 39172 |
| codified at 20 U.S.C. 6301 et seq. and any amendments thereto, | 39173 |
| rules and regulations promulgated pursuant to those statutes, | 39174 |
| guidance documents, and any other policy directives regarding | 39175 |
| implementation of that act issued by the United States department | 39176 |
| of education. | 39177 |
| (D) "Adequate yearly progress" means a measure of annual | 39178 |
| academic performance as calculated in accordance with the "No | 39179 |
| Child Left Behind Act of 2001." | 39180 |
| (E) "Supplemental educational services" means additional | 39181 |
| academic assistance, such as tutoring, remediation, or other | 39182 |
| educational enrichment activities, that is conducted outside of | 39183 |
| the regular school day by a provider approved by the department in | 39184 |
| accordance with the "No Child Left Behind Act of 2001." | 39185 |
| (F) "Value-added progress dimension" means a measure of | 39186 |
| academic gain for a student or group of students over a specific | 39187 |
| period of time that is calculated by applying a statistical | 39188 |
| methodology to individual student achievement data derived from | 39189 |
|
the achievement | 39190 |
| of the Revised Code. | 39191 |
| Sec. 3302.02. | 39192 |
| of rules under division (E) of section 3301.0712 of the Revised | 39193 |
| Code and at least every sixth year thereafter, upon | 39194 |
| recommendations of the superintendent of public instruction, the | 39195 |
|
state board of education | 39196 |
| 39197 | |
| indicators for the report cards required by division (C) of | 39198 |
| section 3302.03 of the Revised Code. In establishing these | 39199 |
|
indicators,
the | 39200 |
|
inclusion of student
performance on | 39201 |
| prescribed under section 3301.0710 or 3301.0712 of the Revised | 39202 |
| Code, rates of student improvement on such tests, student | 39203 |
| attendance, the breadth of coursework available within the | 39204 |
|
district, and other indicators of student
success. | 39205 |
| Not later than December 31, 2011, the state board, upon | 39206 |
| recommendation of the superintendent, shall establish a | 39207 |
| performance indicator reflecting the level of services provided | 39208 |
| to, and the performance of, students identified as gifted under | 39209 |
| Chapter 3324. of the Revised Code. | 39210 |
| The superintendent shall inform the Ohio accountability task | 39211 |
| force established under section 3302.021 of the Revised Code of | 39212 |
|
the
performance indicators | 39213 |
| under this section and the rationale for choosing each indicator | 39214 |
| and for determining how a school district or building meets that | 39215 |
| indicator. | 39216 |
| The | 39217 |
| performance indicator for passage of the third or fourth grade | 39218 |
| 39219 | |
|
on the | 39220 |
| determining whether students have met the reading guarantee | 39221 |
| provisions of section 3313.608 of the Revised Code. | 39222 |
| Sec. 3302.021. (A) Not earlier than July 1, 2005, and not | 39223 |
| later than July 1, 2007, the department of education shall | 39224 |
| implement a value-added progress dimension for school districts | 39225 |
| and buildings and shall incorporate the value-added progress | 39226 |
| dimension into the report cards and performance ratings issued for | 39227 |
| districts and buildings under section 3302.03 of the Revised Code. | 39228 |
| The state board of education shall adopt rules, pursuant to | 39229 |
| Chapter 119. of the Revised Code, for the implementation of the | 39230 |
| value-added progress dimension. In adopting rules, the state board | 39231 |
| shall consult with the Ohio accountability task force established | 39232 |
|
under division | 39233 |
| this division shall specify both of the following: | 39234 |
| (1) A scale for describing the levels of academic progress in | 39235 |
| reading and mathematics relative to a standard year of academic | 39236 |
| growth in those subjects for each of grades three through eight; | 39237 |
| (2) That the department shall maintain the confidentiality of | 39238 |
| individual student test scores and individual student reports in | 39239 |
| accordance with sections 3301.0711, 3301.0714, and 3319.321 of the | 39240 |
| Revised Code and federal law. The department may require school | 39241 |
| districts to use a unique identifier for each student for this | 39242 |
| purpose. Individual student test scores and individual student | 39243 |
| reports shall be made available only to a student's classroom | 39244 |
| teacher and other appropriate educational personnel and to the | 39245 |
| student's parent or guardian. | 39246 |
| (B) The department shall use a system designed for collecting | 39247 |
| necessary data, calculating the value-added progress dimension, | 39248 |
| analyzing data, and generating reports, which system has been used | 39249 |
| previously by a non-profit organization led by the Ohio business | 39250 |
| community for at least one year in the operation of a pilot | 39251 |
| program in cooperation with school districts to collect and report | 39252 |
| student achievement data via electronic means and to provide | 39253 |
| information to the districts regarding the academic performance of | 39254 |
| individual students, grade levels, school buildings, and the | 39255 |
| districts as a whole. | 39256 |
| (C) The department shall not pay more than two dollars per | 39257 |
| student for data analysis and reporting to implement the | 39258 |
| value-added progress dimension in the same manner and with the | 39259 |
| same services as under the pilot program described by division (B) | 39260 |
| of this section. However, nothing in this section shall preclude | 39261 |
| the department or any school district from entering into a | 39262 |
| contract for the provision of more services at a higher fee per | 39263 |
| student. Any data analysis conducted under this section by an | 39264 |
| entity under contract with the department shall be completed in | 39265 |
| accordance with timelines established by the superintendent of | 39266 |
| public instruction. | 39267 |
| (D) The department shall share any aggregate student data and | 39268 |
| any calculation, analysis, or report utilizing aggregate student | 39269 |
| data that is generated under this section with the chancellor of | 39270 |
| the Ohio board of regents. The department shall not share | 39271 |
| individual student test scores and individual student reports with | 39272 |
| the chancellor. | 39273 |
| (E)(1) There is hereby established the Ohio accountability | 39274 |
| task force. The task force shall consist of the following thirteen | 39275 |
| members: | 39276 |
| (a) The chairpersons and ranking minority members of the | 39277 |
| house of representatives and senate standing committees primarily | 39278 |
| responsible for education legislation, who shall be nonvoting | 39279 |
| members; | 39280 |
| (b) One representative of the governor's office, appointed by | 39281 |
| the governor; | 39282 |
| (c) The superintendent of public instruction, or the | 39283 |
| superintendent's designee; | 39284 |
| (d) One representative of teacher employee organizations | 39285 |
| formed pursuant to Chapter 4117. of the Revised Code, appointed by | 39286 |
| the speaker of the house of representatives; | 39287 |
| (e) One representative of school district boards of | 39288 |
| education, appointed by the president of the senate; | 39289 |
| (f) One school district superintendent, appointed by the | 39290 |
| speaker of the house of representatives; | 39291 |
| (g) One representative of business, appointed by the | 39292 |
| president of the senate; | 39293 |
| (h) One representative of a non-profit organization led by | 39294 |
| the Ohio business community, appointed by the governor; | 39295 |
| (i) One school building principal, appointed by the president | 39296 |
| of the senate; | 39297 |
| (j) A member of the state board of education, appointed by | 39298 |
| the speaker of the house of representatives. | 39299 |
| Initial appointed members of the task force shall serve until | 39300 |
| January 1, 2005. Thereafter, terms of office for appointed members | 39301 |
| shall be for two years, each term ending on the same day of the | 39302 |
| same month as did the term that it succeeds. Each appointed member | 39303 |
| shall hold office from the date of appointment until the end of | 39304 |
| the term for which the member was appointed. Members may be | 39305 |
| reappointed. Vacancies shall be filled in the same manner as the | 39306 |
| original appointment. Any member appointed to fill a vacancy | 39307 |
| occurring prior to the expiration of the term for which the | 39308 |
| member's predecessor was appointed shall hold office for the | 39309 |
| remainder of that term. | 39310 |
| The task force shall select from among its members a | 39311 |
| chairperson. The task force shall meet at least six times each | 39312 |
| calendar year and at other times upon the call of the chairperson | 39313 |
| to conduct its business. Members of the task force shall serve | 39314 |
| without compensation. | 39315 |
| (2) The task force shall do all of the following: | 39316 |
| (a) Examine the implementation of the value-added progress | 39317 |
| dimension by the department, including the system described in | 39318 |
| division (B) of this section, the reporting of performance data to | 39319 |
| school districts and buildings, and the provision of professional | 39320 |
| development on the interpretation of the data to classroom | 39321 |
| teachers and administrators; | 39322 |
| (b) Periodically review any fees for data analysis and | 39323 |
| reporting paid by the department pursuant to division (C) of this | 39324 |
| section and determine if the fees are appropriate based upon the | 39325 |
| level of services provided; | 39326 |
| (c) Periodically report to the department and the state board | 39327 |
| on all issues related to the school district and building | 39328 |
| accountability system established under this chapter; | 39329 |
| (d) Not later than seven years after its initial meeting, | 39330 |
| make recommendations to improve the school district and building | 39331 |
| accountability system established under this chapter. The task | 39332 |
| force shall adopt recommendations by a majority vote of its | 39333 |
| members. Copies of the recommendations shall be provided to the | 39334 |
| state board, the governor, the speaker of the house of | 39335 |
| representatives, and the president of the senate. | 39336 |
| (e) Determine starting dates for the implementation of the | 39337 |
| value-added progress dimension and its incorporation into school | 39338 |
| district and building report cards and performance ratings. | 39339 |
| Sec. 3302.03. (A) Annually the department of education shall | 39340 |
| report for each school district and each school building in a | 39341 |
| district all of the following: | 39342 |
| (1) The extent to which the school district or building meets | 39343 |
| each of the applicable performance indicators created by the state | 39344 |
| board of education under section 3302.02 of the Revised Code and | 39345 |
| the number of applicable performance indicators that have been | 39346 |
| achieved; | 39347 |
| (2) The performance index score of the school district or | 39348 |
| building; | 39349 |
| (3) Whether the school district or building has made adequate | 39350 |
| yearly progress; | 39351 |
| (4) Whether the school district or building is excellent, | 39352 |
| effective, needs continuous improvement, is under an academic | 39353 |
| watch, or is in a state of academic emergency. | 39354 |
| (B) Except as otherwise provided in divisions (B)(6) and (7) | 39355 |
| of this section: | 39356 |
| (1) A school district or building shall be declared excellent | 39357 |
| if it fulfills one of the following requirements: | 39358 |
| (a) It makes adequate yearly progress and either meets at | 39359 |
| least ninety-four per cent of the applicable state performance | 39360 |
| indicators or has a performance index score established by the | 39361 |
| department. | 39362 |
| (b) It has failed to make adequate yearly progress for not | 39363 |
| more than two consecutive years and either meets at least | 39364 |
| ninety-four per cent of the applicable state performance | 39365 |
| indicators or has a performance index score established by the | 39366 |
| department. | 39367 |
| (2) A school district or building shall be declared effective | 39368 |
| if it fulfills one of the following requirements: | 39369 |
| (a) It makes adequate yearly progress and either meets at | 39370 |
| least seventy-five per cent but less than ninety-four per cent of | 39371 |
| the applicable state performance indicators or has a performance | 39372 |
| index score established by the department. | 39373 |
| (b) It does not make adequate yearly progress and either | 39374 |
| meets at least seventy-five per cent of the applicable state | 39375 |
| performance indicators or has a performance index score | 39376 |
| established by the department, except that if it does not make | 39377 |
| adequate yearly progress for three consecutive years, it shall be | 39378 |
| declared in need of continuous improvement. | 39379 |
| (3) A school district or building shall be declared to be in | 39380 |
| need of continuous improvement if it fulfills one of the following | 39381 |
| requirements: | 39382 |
| (a) It makes adequate yearly progress, meets less than | 39383 |
| seventy-five per cent of the applicable state performance | 39384 |
| indicators, and has a performance index score established by the | 39385 |
| department. | 39386 |
| (b) It does not make adequate yearly progress and either | 39387 |
| meets at least fifty per cent but less than seventy-five per cent | 39388 |
| of the applicable state performance indicators or has a | 39389 |
| performance index score established by the department. | 39390 |
| (4) A school district or building shall be declared to be | 39391 |
| under an academic watch if it does not make adequate yearly | 39392 |
| progress and either meets at least thirty-one per cent but less | 39393 |
| than fifty per cent of the applicable state performance indicators | 39394 |
| or has a performance index score established by the department. | 39395 |
| (5) A school district or building shall be declared to be in | 39396 |
| a state of academic emergency if it does not make adequate yearly | 39397 |
| progress, does not meet at least thirty-one per cent of the | 39398 |
| applicable state performance indicators, and has a performance | 39399 |
| index score established by the department. | 39400 |
| (6) When designating performance ratings for school districts | 39401 |
| and buildings under divisions (B)(1) to (5) of this section, the | 39402 |
| department shall not assign a school district or building a lower | 39403 |
| designation from its previous year's designation based solely on | 39404 |
| one subgroup not making adequate yearly progress. | 39405 |
| (7) Division (B)(7) of this section does not apply to any | 39406 |
| community school established under Chapter 3314. of the Revised | 39407 |
| Code in which a majority of the students are enrolled in a dropout | 39408 |
| prevention and recovery program. | 39409 |
| A school district or building shall not be assigned a higher | 39410 |
| performance rating than in need of continuous improvement if at | 39411 |
| least ten per cent but not more than fifteen per cent of the | 39412 |
|
enrolled students do not take all achievement | 39413 |
| prescribed for their grade level under division (A)(1) or (B)(1) | 39414 |
| of section 3301.0710 of the Revised Code from which they are not | 39415 |
| excused pursuant to division (C)(1) or (3) of section 3301.0711 | 39416 |
| of the Revised Code. A school district or building shall not be | 39417 |
| assigned a higher performance rating than under an academic watch | 39418 |
| if more than fifteen per cent but not more than twenty per cent | 39419 |
|
of the enrolled students do not take all
achievement | 39420 |
| assessments prescribed for their grade level under division (A)(1) | 39421 |
| or (B)(1) of section 3301.0710 of the Revised Code from which | 39422 |
| they are not excused pursuant to division (C)(1) or (3) of | 39423 |
| section 3301.0711 of the Revised Code. A school district or | 39424 |
| building shall not be assigned a higher performance rating than | 39425 |
| in a state of academic emergency if more than twenty per cent of | 39426 |
|
the enrolled students do not take
all achievement | 39427 |
| assessments prescribed for their grade level under division | 39428 |
| (A)(1) or (B)(1) of section 3301.0710 of the Revised Code from | 39429 |
| which they are not excused pursuant to division (C)(1) or (3) of | 39430 |
| section 3301.0711 of the Revised Code. | 39431 |
| (C)(1) The department shall issue annual report cards for | 39432 |
| each school district, each building within each district, and for | 39433 |
| the state as a whole reflecting performance on the indicators | 39434 |
| created by the state board under section 3302.02 of the Revised | 39435 |
| Code, the performance index score, and adequate yearly progress. | 39436 |
| (2) The department shall include on the report card for each | 39437 |
| district information pertaining to any change from the previous | 39438 |
| year made by the school district or school buildings within the | 39439 |
| district on any performance indicator. | 39440 |
| (3) When reporting data on student performance, the | 39441 |
| department shall disaggregate that data according to the following | 39442 |
| categories: | 39443 |
| (a) Performance of students by age group; | 39444 |
| (b) Performance of students by race and ethnic group; | 39445 |
| (c) Performance of students by gender; | 39446 |
| (d) Performance of students grouped by those who have been | 39447 |
| enrolled in a district or school for three or more years; | 39448 |
| (e) Performance of students grouped by those who have been | 39449 |
| enrolled in a district or school for more than one year and less | 39450 |
| than three years; | 39451 |
| (f) Performance of students grouped by those who have been | 39452 |
| enrolled in a district or school for one year or less; | 39453 |
| (g) Performance of students grouped by those who are | 39454 |
| economically disadvantaged; | 39455 |
| (h) Performance of students grouped by those who are enrolled | 39456 |
| in a conversion community school established under Chapter 3314. | 39457 |
| of the Revised Code; | 39458 |
| (i) Performance of students grouped by those who are | 39459 |
| classified as limited English proficient; | 39460 |
| (j) Performance of students grouped by those who have | 39461 |
| disabilities; | 39462 |
| (k) Performance of students grouped by those who are | 39463 |
| classified as migrants; | 39464 |
| (l) Performance of students grouped by those who are | 39465 |
| identified as gifted pursuant to Chapter 3324. of the Revised | 39466 |
| Code. | 39467 |
| The department may disaggregate data on student performance | 39468 |
| according to other categories that the department determines are | 39469 |
| appropriate. To the extent possible, the department shall | 39470 |
| disaggregate data on student performance according to any | 39471 |
| combinations of two or more of the categories listed in divisions | 39472 |
| (C)(3)(a) to (l) of this section that it deems relevant. | 39473 |
| In reporting data pursuant to division (C)(3) of this | 39474 |
| section, the department shall not include in the report cards any | 39475 |
| data statistical in nature that is statistically unreliable or | 39476 |
| that could result in the identification of individual students. | 39477 |
| For this purpose, the department shall not report student | 39478 |
| performance data for any group identified in division (C)(3) of | 39479 |
| this section that contains less than ten students. | 39480 |
| (4) The department may include with the report cards any | 39481 |
| additional education and fiscal performance data it deems | 39482 |
| valuable. | 39483 |
| (5) The department shall include on each report card a list | 39484 |
| of additional information collected by the department that is | 39485 |
| available regarding the district or building for which the report | 39486 |
| card is issued. When available, such additional information shall | 39487 |
| include student mobility data disaggregated by race and | 39488 |
| socioeconomic status, college enrollment data, and the reports | 39489 |
| prepared under section 3302.031 of the Revised Code. | 39490 |
| The department shall maintain a site on the world wide web. | 39491 |
| The report card shall include the address of the site and shall | 39492 |
| specify that such additional information is available to the | 39493 |
| public at that site. The department shall also provide a copy of | 39494 |
| each item on the list to the superintendent of each school | 39495 |
| district. The district superintendent shall provide a copy of any | 39496 |
| item on the list to anyone who requests it. | 39497 |
| (6)(a) This division does not apply to conversion community | 39498 |
| schools that primarily enroll students between sixteen and | 39499 |
| twenty-two years of age who dropped out of high school or are at | 39500 |
| risk of dropping out of high school due to poor attendance, | 39501 |
| disciplinary problems, or suspensions. | 39502 |
| For any district that sponsors a conversion community school | 39503 |
| under Chapter 3314. of the Revised Code, the department shall | 39504 |
| combine data regarding the academic performance of students | 39505 |
| enrolled in the community school with comparable data from the | 39506 |
| schools of the district for the purpose of calculating the | 39507 |
| performance of the district as a whole on the report card issued | 39508 |
| for the district. | 39509 |
| (b) Any district that leases a building to a community school | 39510 |
| located in the district or that enters into an agreement with a | 39511 |
| community school located in the district whereby the district and | 39512 |
| the school endorse each other's programs may elect to have data | 39513 |
| regarding the academic performance of students enrolled in the | 39514 |
| community school combined with comparable data from the schools of | 39515 |
| the district for the purpose of calculating the performance of the | 39516 |
| district as a whole on the district report card. Any district that | 39517 |
| so elects shall annually file a copy of the lease or agreement | 39518 |
| with the department. | 39519 |
| (7) The department shall include on each report card the | 39520 |
| percentage of teachers in the district or building who are highly | 39521 |
| qualified, as defined by the "No Child Left Behind Act of 2001," | 39522 |
| and a comparison of that percentage with the percentages of such | 39523 |
| teachers in similar districts and buildings. | 39524 |
| (8) The department shall include on the report card the | 39525 |
|
number of | 39526 |
| building once the data is available from the education management | 39527 |
| information system established under section 3301.0714 of the | 39528 |
| Revised Code. | 39529 |
| (D)(1) In calculating
| 39530 |
|
mathematics, social
studies, or science | 39531 |
| 39532 | |
| building performance under this section, the department shall | 39533 |
|
include all
students
taking | 39534 |
| accommodation or to whom an alternate assessment is administered | 39535 |
| pursuant to division (C)(1) or (3) of section 3301.0711 of the | 39536 |
| Revised Code. | 39537 |
| (2) In calculating performance index scores, rates of | 39538 |
| achievement on the performance indicators established by the state | 39539 |
| board under section 3302.02 of the Revised Code, and adequate | 39540 |
| yearly progress for school districts and buildings under this | 39541 |
| section, the department shall do all of the following: | 39542 |
| (a) Include for each district or building only those students | 39543 |
| who are included in the ADM certified for the first full school | 39544 |
| week of October and are continuously enrolled in the district or | 39545 |
|
building through the time of the spring administration of any | 39546 |
| assessment prescribed by division (A)(1) or (B)(1) of section | 39547 |
| 3301.0710 of the Revised Code that is administered to the | 39548 |
| student's grade level; | 39549 |
| (b) Include cumulative totals from both the fall and spring | 39550 |
| administrations of the third grade reading achievement test; | 39551 |
| (c) Except as required by the "No Child Left Behind Act of | 39552 |
| 2001" for the calculation of adequate yearly progress, exclude for | 39553 |
| each district or building any limited English proficient student | 39554 |
| who has been enrolled in United States schools for less than one | 39555 |
| full school year. | 39556 |
| Sec. 3302.031. (A) As used in this section: | 39557 |
| (1) "Community school" means a community school established | 39558 |
| under Chapter 3314. of the Revised Code. | 39559 |
| (2) "STEM school" means a science, technology, engineering, | 39560 |
| and mathematics school established under Chapter 3326. of the | 39561 |
| Revised Code. | 39562 |
| (B) In addition to the report cards required under section | 39563 |
| 3302.03 of the Revised Code, the department of education shall | 39564 |
|
annually prepare the | 39565 |
| 39566 | |
|
each report available to the | 39567 |
| | 39568 |
| schools on the department's web site. | 39569 |
| (C) The department shall prepare a funding and expenditure | 39570 |
|
accountability report | 39571 |
| district, community school, and STEM school. The report shall | 39572 |
| specify the amount of state aid payments for the fiscal year the | 39573 |
| school district, community school, or STEM school will receive | 39574 |
| 39575 | |
|
the Revised Code | 39576 |
|
data the | 39577 |
| established under section 3301.80 of the Revised Code determines | 39578 |
| is necessary to inform the public about the financial status of | 39579 |
|
the district | 39580 |
| | 39581 |
| (D) The department shall prepare the following reports for | 39582 |
| each school district: | 39583 |
| (1) A school safety and discipline report which shall consist | 39584 |
| of statistical information regarding student safety and discipline | 39585 |
| in each school building, including the number of suspensions and | 39586 |
| expulsions disaggregated according to race and gender; | 39587 |
| | 39588 |
| least a description of the status of teacher qualifications, | 39589 |
| library and media resources, textbooks, classroom materials and | 39590 |
| supplies, and technology resources for each district. To the | 39591 |
| extent possible, the information included in the report required | 39592 |
| under this division shall be disaggregated according to grade | 39593 |
|
level, race,
gender, disability, and scores attained on | 39594 |
| assessments required under section 3301.0710 of the Revised Code. | 39595 |
| | 39596 |
| information about the composition of classes within each district | 39597 |
| by grade and subject disaggregated according to race, gender, and | 39598 |
|
scores attained on | 39599 |
| 3301.0710 of the Revised Code; | 39600 |
| | 39601 |
| number of students retained in their respective grade levels in | 39602 |
| the district disaggregated by grade level, subject area, race, | 39603 |
| gender, and disability; | 39604 |
| | 39605 |
| describe for the district and each building within the district | 39606 |
| the extent to which the district or building meets each of the | 39607 |
| applicable performance indicators established under section | 39608 |
| 3302.02 of the Revised Code, the number of performance indicators | 39609 |
| that have been achieved, and the performance index score. In | 39610 |
| calculating the rates of achievement on the performance indicators | 39611 |
| and the performance index scores for each report, the department | 39612 |
| shall exclude all students with disabilities. | 39613 |
| Sec. 3302.05. The state board of education shall adopt rules | 39614 |
| freeing school districts declared to be excellent under division | 39615 |
| (B)(1) or effective under division (B)(2) of section 3302.03 of | 39616 |
| the Revised Code from specified state mandates. Any mandates | 39617 |
| included in the rules shall be only those statutes or rules | 39618 |
| pertaining to state education requirements. The rules shall not | 39619 |
| exempt districts from any standard or requirement of Chapter 3306. | 39620 |
| or from any operating standard adopted under division (D)(3) of | 39621 |
| section 3301.07 of the Revised Code. | 39622 |
| Sec. 3302.07. (A) The board of education of any school | 39623 |
| district, the governing board of any educational service center, | 39624 |
| or the administrative authority of any chartered nonpublic school | 39625 |
| may submit to the state board of education an application | 39626 |
| proposing an innovative education pilot program the implementation | 39627 |
| of which requires exemptions from specific statutory provisions or | 39628 |
| rules. If a district or service center board employs teachers | 39629 |
| under a collective bargaining agreement adopted pursuant to | 39630 |
| Chapter 4117. of the Revised Code, any application submitted under | 39631 |
| this division shall include the written consent of the teachers' | 39632 |
| employee representative designated under division (B) of section | 39633 |
| 4117.04 of the Revised Code. The exemptions requested in the | 39634 |
| application shall be limited to any requirement of Title XXXIII of | 39635 |
| the Revised Code or of any rule of the state board adopted | 39636 |
| pursuant to that title except that the application may not propose | 39637 |
| an exemption from any requirement of or rule adopted pursuant to | 39638 |
| Chapter 3307. or 3309., sections 3319.07 to 3319.21, or Chapter | 39639 |
| 3323. of the Revised Code. Furthermore, an exemption from any | 39640 |
| standard or requirement of Chapter 3306. or from any operating | 39641 |
| standard adopted under division (D)(3) of section 3301.07 of the | 39642 |
| Revised Code shall be granted only pursuant to a waiver granted by | 39643 |
| the superintendent of public instruction under section 3306.40 of | 39644 |
| the Revised Code. | 39645 |
| (B) The state board of education shall accept any application | 39646 |
| submitted in accordance with division (A) of this section. The | 39647 |
| superintendent of public instruction shall approve or disapprove | 39648 |
| the application in accordance with standards for approval, which | 39649 |
| shall be adopted by the state board. | 39650 |
| (C) The superintendent of public instruction shall exempt | 39651 |
| each district or service center board or chartered nonpublic | 39652 |
| school administrative authority with an application approved under | 39653 |
| division (B) of this section for a specified period from the | 39654 |
| statutory provisions or rules specified in the approved | 39655 |
| application. The period of exemption shall not exceed the period | 39656 |
| during which the pilot program proposed in the application is | 39657 |
| being implemented and a reasonable period to allow for evaluation | 39658 |
| of the effectiveness of the program. | 39659 |
| Sec. 3304.231. There is hereby created a brain injury | 39660 |
| advisory committee, which shall advise the administrator of the | 39661 |
| rehabilitation services commission and the brain injury program | 39662 |
| with regard to unmet needs of survivors of brain injury, | 39663 |
| development of programs for survivors and their families, | 39664 |
| establishment of training programs for health care professionals, | 39665 |
| and any other matter within the province of the brain injury | 39666 |
|
program. The committee shall consist of not | 39667 |
| 39668 | |
| follows: | 39669 |
| (A) Not | 39670 |
| appointed by the administrator of the rehabilitation services | 39671 |
| commission, including all of the following: a survivor of brain | 39672 |
| injury, a relative of a survivor of brain injury, a licensed | 39673 |
| physician recommended by the Ohio chapter of the American college | 39674 |
| of emergency physicians, a licensed physician recommended by the | 39675 |
| Ohio state medical association, one other health care | 39676 |
| professional, a rehabilitation professional, an individual who | 39677 |
|
represents the brain injury association of Ohio, and
not | 39678 |
| fewer than three nor more than five individuals who shall | 39679 |
| represent the public; | 39680 |
| (B) The directors of the departments of health, alcohol and | 39681 |
| drug addiction services, mental retardation and developmental | 39682 |
| disabilities, mental health, job and family services, aging, and | 39683 |
| 39684 | |
| the superintendent of public instruction; and the administrator of | 39685 |
| the rehabilitation services commission. Any of the officials | 39686 |
| specified in this division may designate an individual to serve in | 39687 |
| the official's place as a member of the committee. | 39688 |
| | 39689 |
| 39690 | |
| 39691 | |
| 39692 | |
| shall be two years. Members may be reappointed. Vacancies shall | 39693 |
| be filled in the manner provided for original appointments. Any | 39694 |
| member appointed to fill a vacancy occurring prior to the | 39695 |
| expiration date of the term for which the member's predecessor was | 39696 |
| appointed shall hold office as a member for the remainder of that | 39697 |
| term. | 39698 |
| Members of the committee shall serve without compensation, | 39699 |
| but shall be reimbursed for actual and necessary expenses incurred | 39700 |
| in the performance of their duties. | 39701 |
| Sec. 3306.01. This chapter shall be administered by the | 39702 |
| state board of education. The superintendent of public instruction | 39703 |
| shall calculate the amounts payable to each school district and | 39704 |
| shall certify the amounts payable to each eligible district to the | 39705 |
| treasurer of the district as determined under this chapter. As | 39706 |
| soon as possible after such amounts are calculated, the | 39707 |
| superintendent shall certify to the treasurer of each school | 39708 |
| district the district's adjusted charge-off increase, as defined | 39709 |
| in section 5705.211 of the Revised Code. No moneys shall be | 39710 |
| distributed pursuant to this chapter without the approval of the | 39711 |
| controlling board. | 39712 |
| The state board of education shall, in accordance with | 39713 |
| appropriations made by the general assembly, meet the financial | 39714 |
| obligations of this chapter. | 39715 |
| Annually, the department of education shall calculate and | 39716 |
| report to each school district the district's adequacy amount | 39717 |
| utilizing the calculations in sections 3306.03 and 3306.13 of the | 39718 |
| Revised Code. The department shall calculate and report separately | 39719 |
| for each school district the district's total state and local | 39720 |
| funds for its students with disabilities, utilizing the | 39721 |
| calculations in sections 3306.05, 3306.11, and 3306.13 of the | 39722 |
| Revised Code. The department shall calculate and report separately | 39723 |
| for each school district the amount of funding calculated for each | 39724 |
| factor of the district's adequacy amount. | 39725 |
| Not later than the thirty-first day of August of each fiscal | 39726 |
| year, the department of education shall provide to each school | 39727 |
| district a preliminary estimate of the amount of funding that the | 39728 |
| department calculates the district will receive under section | 39729 |
| 3306.13 of the Revised Code. Not later than the first day of | 39730 |
| December of each fiscal year, the department shall update that | 39731 |
| preliminary estimate. | 39732 |
| Moneys distributed pursuant to this chapter shall be | 39733 |
| calculated and paid on a fiscal year basis, beginning with the | 39734 |
| first day of July and extending through the thirtieth day of June. | 39735 |
| Unless otherwise provided, the moneys appropriated for each fiscal | 39736 |
| year shall be distributed at least monthly to each school | 39737 |
| district. The state board shall submit a yearly distribution plan | 39738 |
| to the controlling board at its first meeting in July. The state | 39739 |
| board shall submit any proposed midyear revision of the plan to | 39740 |
| the controlling board in January. Any year-end revision of the | 39741 |
| plan shall be submitted to the controlling board in June. If | 39742 |
| moneys appropriated for each fiscal year are distributed other | 39743 |
| than monthly, such distribution shall be on the same basis for | 39744 |
| each school district. | 39745 |
| The total amounts paid each month shall constitute, as nearly | 39746 |
| as possible, one-twelfth of the total amount payable for the | 39747 |
| entire year. | 39748 |
| Payments shall be calculated to reflect the reporting of | 39749 |
| formula ADM. Annualized periodic payments for each school district | 39750 |
| shall be based on the district's final student counts verified by | 39751 |
| the superintendent of public instruction based on reports under | 39752 |
| section 3317.03 of the Revised Code, as adjusted, if so ordered, | 39753 |
| under division (K) of that section. | 39754 |
| (A) Except as otherwise provided, payments under this chapter | 39755 |
| shall be made only to those school districts that comply with | 39756 |
| divisions (A)(1) to (3) of this section. | 39757 |
| (1) Each city, exempted village, and local school district | 39758 |
| shall levy for current operating expenses at least twenty mills. | 39759 |
| Levies for joint vocational or cooperative education school | 39760 |
| districts or county school financing districts, limited to or to | 39761 |
| the extent apportioned to current expenses, shall be included in | 39762 |
| this qualification requirement. School district income tax levies | 39763 |
| under Chapter 5748. of the Revised Code, limited to or to the | 39764 |
| extent apportioned to current operating expenses, shall be | 39765 |
| included in this qualification requirement to the extent | 39766 |
| determined by the tax commissioner under division (D) of section | 39767 |
| 3317.021 of the Revised Code. | 39768 |
| (2) Each city, exempted village, local, and joint vocational | 39769 |
| school district, during the school learning year next preceding | 39770 |
| the fiscal year for which payments are calculated under this | 39771 |
| chapter, shall meet the requirement of section 3313.48 or 3313.481 | 39772 |
| of the Revised Code, with regard to the minimum number of days or | 39773 |
| hours school must be open for instruction with pupils in | 39774 |
| attendance, for individualized parent-teacher conference and | 39775 |
| reporting periods, and for professional meetings of teachers. The | 39776 |
| superintendent of public instruction shall waive a number of days | 39777 |
| on which it had been necessary for a school to be closed because | 39778 |
| of disease epidemic, hazardous weather conditions, inoperability | 39779 |
| of school buses or other equipment necessary to the school's | 39780 |
| operation, damage to a school building, or other temporary | 39781 |
| circumstances due to utility failure rendering the school | 39782 |
| building unfit for school use, as follows: | 39783 |
| (a) In determining eligibility for payments under this | 39784 |
| chapter for fiscal year 2010, up to five days for the 2008-2009 | 39785 |
| learning year; | 39786 |
| (b) In determining eligibility for payments under this | 39787 |
| chapter for fiscal year 2011, up to three days for the 2009-2010 | 39788 |
| learning year; | 39789 |
| (c) In determining eligibility for payments under this | 39790 |
| chapter for fiscal year 2012 and thereafter, up to one day for the | 39791 |
| preceding learning year. | 39792 |
| The state board shall adopt standards for the superintendent | 39793 |
| to apply in determining the waiver of days or hours for schools | 39794 |
| operating under section 3313.481 of the Revised Code. | 39795 |
| A school district shall not be considered to have failed to | 39796 |
| comply with this division or section 3313.481 of the Revised Code | 39797 |
| because schools were open for instruction but either twelfth grade | 39798 |
| students were excused from attendance for up to three days or only | 39799 |
| a portion of the kindergarten students were in attendance for up | 39800 |
| to three days in order to allow for the gradual orientation to | 39801 |
| school of such students. | 39802 |
| The superintendent of public instruction shall waive the | 39803 |
| requirements of this section with reference to the minimum number | 39804 |
| of days or hours a school must be open for instruction with pupils | 39805 |
| in attendance for the learning year succeeding the learning year | 39806 |
| in which a board of education initiates a plan of operation | 39807 |
| pursuant to section 3313.481 of the Revised Code. The minimum | 39808 |
| requirements of this section shall again be applicable to the | 39809 |
| district beginning with the learning year commencing the second | 39810 |
| July succeeding the initiation of the plan, and for each learning | 39811 |
| year thereafter. | 39812 |
| A school district shall not be considered to have failed to | 39813 |
| comply with this division or section 3313.48 or 3313.481 of the | 39814 |
| Revised Code because schools were open for instruction but the | 39815 |
| length of the regularly scheduled learning day, for any number of | 39816 |
| days during the learning year, was reduced by not more than two | 39817 |
| hours due to hazardous weather conditions. | 39818 |
| (3) Each city, exempted village, local, and joint vocational | 39819 |
| school district shall have on file, and shall pay in accordance | 39820 |
| with, a teachers' salary schedule which complies with section | 39821 |
| 3317.13 of the Revised Code. | 39822 |
| (B) A school district board of education or educational | 39823 |
| service center governing board that has not conformed with other | 39824 |
| law, and the rules pursuant thereto, shall not participate in the | 39825 |
| distribution of funds authorized by this chapter, except for good | 39826 |
| and sufficient reason established to the satisfaction of the state | 39827 |
| board of education and the state controlling board. | 39828 |
| (C) All funds allocated to school districts under this | 39829 |
| chapter, except those specifically allocated for other purposes, | 39830 |
| shall be used only to pay current operating expenses or for either | 39831 |
| of the following purposes: | 39832 |
| (1) The modification or purchase of classroom space to | 39833 |
| provide all-day kindergarten as required by section 3321.05 of the | 39834 |
| Revised Code, provided the district certifies its shortage of | 39835 |
| space for providing all-day kindergarten to the department of | 39836 |
| education, in a manner specified by the department; | 39837 |
| (2) The modification or purchase of classroom space to reduce | 39838 |
| class sizes in grades kindergarten through three to attain the | 39839 |
| goal of fifteen students per core teacher, provided the district | 39840 |
| certifies its need for additional classroom space to the | 39841 |
| department, in a manner specified by the department. | 39842 |
| (D) On or before the last day of each month, the department | 39843 |
| of education shall certify to the director of budget and | 39844 |
| management for payment, for each county: | 39845 |
| (1)(a) That portion of the allocation of money under section | 39846 |
| 3306.13 of the Revised Code that is required to be paid in that | 39847 |
| month to each school district located wholly within the county | 39848 |
| subsequent to the deductions described in division (D)(1)(b) of | 39849 |
| this section; | 39850 |
| (b) The amounts deducted from such allocation under sections | 39851 |
| 3307.31 and 3309.51 of the Revised Code for payment directly to | 39852 |
| the school employees and state teachers retirement systems under | 39853 |
| such sections. | 39854 |
| (2) If the district is located in more than one county, an | 39855 |
| apportionment of the amounts that would otherwise be certified | 39856 |
| under division (D)(1) of this section. The amounts apportioned to | 39857 |
| the county shall equal the amounts certified under division (D)(1) | 39858 |
| of this section times the percentage of the district's resident | 39859 |
| pupils who reside both in the district and in the county, based on | 39860 |
| the average daily membership reported under division (A) of | 39861 |
| section 3317.03 of the Revised Code in October of the prior | 39862 |
| fiscal year. | 39863 |
| Sec. 3306.011. Beginning with fiscal year 2010, the payments | 39864 |
| prescribed by this chapter supersede and replace the payments | 39865 |
| described under sections 3317.012, 3317.013, 3317.014, 3317.022, | 39866 |
| 3317.029, 3317.0216, 3317.0217, and 3317.16 of the Revised Code, | 39867 |
| except as otherwise provided in section 3317.018 of the Revised | 39868 |
| Code. | 39869 |
| Sec. 3306.012. The form developed by the department of | 39870 |
| education to calculate funding to a school district formerly known | 39871 |
| as the form "SF-3," on and after the effective date of this | 39872 |
| section shall be known as the "PASS form." As used in this | 39873 |
| section and any section referring to the PASS form, "PASS" is an | 39874 |
| acronym for "PAthway to Student Success." The form shall be | 39875 |
| revised as necessary to reflect payments made under this chapter | 39876 |
| and Chapter 3317. of the Revised Code and shall be available to | 39877 |
| the public in a format understandable to the average citizen. | 39878 |
| Sec. 3306.02. As used in this chapter: | 39879 |
| (A) "Adequacy amount" means the amount described in section | 39880 |
| 3306.03 of the Revised Code. | 39881 |
| (B) "Building manager" means a person who supervises the | 39882 |
| administrative (non-curricular, non-instructional) functions of | 39883 |
| school operation so that a school principal can focus on | 39884 |
| supporting instruction, providing instructional leadership, and | 39885 |
| engaging teachers as part of the instructional leadership team. A | 39886 |
| building manager may be, but is not required to be, a licensed | 39887 |
| educator under section 3319.22 of the Revised Code. | 39888 |
| (C) "Career-technical education teacher" means an education | 39889 |
| professional who provides specialized instruction in career and | 39890 |
| technical courses. | 39891 |
| (D)(1) "Category one special education ADM" means a school | 39892 |
| district's formula ADM of children whose primary or only | 39893 |
| identified disability is a speech and language disability, as this | 39894 |
| term is defined pursuant to Chapter 3323. of the Revised Code. | 39895 |
| Beginning in fiscal year 2010, for any school district for which | 39896 |
| formula ADM means the number verified in the previous fiscal year, | 39897 |
| the category one special education ADM also shall be as verified | 39898 |
| from the previous year. | 39899 |
| (2) "Category two special education ADM" means a school | 39900 |
| district's formula ADM of children identified as specific learning | 39901 |
| disabled or developmentally disabled, as these terms are defined | 39902 |
| pursuant to Chapter 3323. of the Revised Code, or as having an | 39903 |
| other health impairment-minor, as defined in this section. | 39904 |
| Beginning in fiscal year 2010, for any school district for which | 39905 |
| formula ADM means the number verified in the previous fiscal year, | 39906 |
| the category two special education ADM also shall be as verified | 39907 |
| from the previous year. | 39908 |
| (3) "Category three special education ADM" means a school | 39909 |
| district's formula ADM of children identified as hearing disabled | 39910 |
| or severe behavior disabled, as these terms are defined pursuant | 39911 |
| to Chapter 3323. of the Revised Code. Beginning in fiscal year | 39912 |
| 2010, for any school district for which formula ADM means the | 39913 |
| number verified in the previous fiscal year, the category three | 39914 |
| special education ADM also shall be as verified from the previous | 39915 |
| year. | 39916 |
| (4) "Category four special education ADM" means a school | 39917 |
| district's formula ADM of children identified as vision impaired, | 39918 |
| as this term is defined pursuant to Chapter 3323. of the Revised | 39919 |
| Code, or as having an other health impairment-major, as defined | 39920 |
| in this section. Beginning in fiscal year 2010, for any school | 39921 |
| district for which formula ADM means the number verified in the | 39922 |
| previous fiscal year, the category four special education ADM | 39923 |
| also shall be as verified from the previous year. | 39924 |
| (5) "Category five special education ADM" means a school | 39925 |
| district's formula ADM of children identified as orthopedically | 39926 |
| disabled or as having multiple disabilities, as these terms are | 39927 |
| defined pursuant to Chapter 3323. of the Revised Code. Beginning | 39928 |
| in fiscal year 2010, for any school district for which formula | 39929 |
| ADM means the number verified in the previous fiscal year, the | 39930 |
| category five special education ADM also shall be as verified | 39931 |
| from the previous year. | 39932 |
| (6) "Category six special education ADM" means a school | 39933 |
| district's formula ADM of children identified as autistic, having | 39934 |
| traumatic brain injuries, or as both visually and hearing | 39935 |
| impaired, as these terms are defined pursuant to Chapter 3323. of | 39936 |
| the Revised Code. Beginning in fiscal year 2010, for any school | 39937 |
| district for which formula ADM means the number verified in the | 39938 |
| previous fiscal year, the category six special education ADM also | 39939 |
| shall be as verified from the previous year. | 39940 |
| (E) "Class one effective operating tax rate" of a school | 39941 |
| district means the quotient obtained by dividing the district's | 39942 |
| class one taxes charged and payable for current expenses, | 39943 |
| excluding taxes levied under sections 5705.194 to 5705.197, | 39944 |
| 5705.199, 5705.213, and 5705.219 of the Revised Code, by the | 39945 |
| district's class one taxable value. | 39946 |
| (F) "Core teacher" means an education professional who | 39947 |
| provides instruction in English-language arts, mathematics, | 39948 |
| science, social studies, or foreign languages. | 39949 |
| (G) "Counselor" means a person with a valid educator license | 39950 |
| issued pursuant to section 3319.22 of the Revised Code who | 39951 |
| provides pre-college and career counseling, general academic | 39952 |
| counseling, course planning, and other counseling services that | 39953 |
| are not related to a student's individualized education plan, as | 39954 |
| defined in section 3323.01 of the Revised Code. | 39955 |
| (H)(1) "Formula ADM" means, for a city, local, or exempted | 39956 |
| village school district, the average daily membership described | 39957 |
| in division (A) of section 3317.03 of the Revised Code, as | 39958 |
| verified by the superintendent of public instruction and adjusted | 39959 |
| if so ordered under division (K) of that section, further | 39960 |
| adjusted by the department of education, as follows: | 39961 |
| (a) Count only twenty per cent of the number of joint | 39962 |
| vocational school district students counted under division (A)(3) | 39963 |
| of section 3317.03 of the Revised Code; | 39964 |
| (b) Add twenty per cent of the number of students who are | 39965 |
| entitled to attend school in the district under section 3313.64 or | 39966 |
| 3313.65 of the Revised Code and are enrolled in another school | 39967 |
| district under a career-technical educational compact. | 39968 |
| (2) In making calculations under this chapter that utilize | 39969 |
| formula ADM, the department shall use the formula ADM derived from | 39970 |
| the final, verified, and adjusted average daily membership | 39971 |
| described under division (A) of section 3317.03 of the Revised | 39972 |
| Code for the prior fiscal year, unless such average daily | 39973 |
| membership for the current fiscal year exceeds that number by two | 39974 |
| per cent or more. In that case, the department shall derive the | 39975 |
| formula ADM from such average daily membership for the current | 39976 |
| fiscal year. | 39977 |
| (3) For fiscal year 2010, the department shall calculate | 39978 |
| formula ADM on the basis of the final, verified, and adjusted | 39979 |
| average daily membership, described in division (A) of the version | 39980 |
| of section 3317.03 of the Revised Code in effect on and after the | 39981 |
| effective date of this amendment, for October 2008 unless such | 39982 |
| average daily membership for October 2009 exceeds that number by | 39983 |
| two per cent or more. In that case, the department shall derive | 39984 |
| the formula ADM from such average daily membership for October | 39985 |
| 2009. | 39986 |
| (I) "Gifted coordinator" means a person who holds a valid | 39987 |
| educator license issued under section 3319.22 of the Revised Code, | 39988 |
| meets the qualifications for a gifted coordinator specified in the | 39989 |
| operating standards for identifying and serving gifted students | 39990 |
| prescribed in rules adopted by the state board of education, and | 39991 |
| provides coordination services for gifted students in accordance | 39992 |
| with those standards. | 39993 |
| (J) "Gifted intervention specialist" means a person who holds | 39994 |
| a valid gifted intervention specialist license or endorsement | 39995 |
| issued under section 3319.22 of the Revised Code and serves gifted | 39996 |
| students in accordance with the operating standards for | 39997 |
| identifying and serving gifted students prescribed in rules | 39998 |
| adopted by the state board of education. | 39999 |
| (K) "Internet- or computer-based community school" has the | 40000 |
| same meaning as in section 3314.02 of the Revised Code. | 40001 |
| (L) "Lead teacher" means a teacher who provides mentoring and | 40002 |
| coaching for new teachers. A lead teacher also assists in | 40003 |
| coordinating professional development activities, in the | 40004 |
| development of professional learning communities, and in common | 40005 |
| planning time, and assists teachers in developing project-based, | 40006 |
| real-world learning activities for their students. The lead | 40007 |
| teacher position shall be a rotating position in which an | 40008 |
| individual shall serve no more than three years. After lead | 40009 |
| teacher licenses become available under section 3319.22 of the | 40010 |
| Revised Code, only teachers who hold that license shall be | 40011 |
| appointed as lead teachers. Until that time, each school district | 40012 |
| shall designate qualifications for the lead teacher position that | 40013 |
| are comparable to the licensing requirements, and shall give | 40014 |
| preference for appointment to the position to teachers who are | 40015 |
| certified by the national board for professional teaching | 40016 |
| standards or who meet the qualifications for a "master teacher" | 40017 |
| established by the educator standards board. | 40018 |
| (M) "Limited English proficiency teacher" means a person who | 40019 |
| provides instruction in English as a second language. | 40020 |
| (N) "Medically fragile child" means a child to whom all of | 40021 |
| the following apply: | 40022 |
| (1) The child requires the services of a doctor of medicine | 40023 |
| or osteopathic medicine at least once a week due to the | 40024 |
| instability of the child's medical condition. | 40025 |
| (2) The child requires the services of a registered nurse on | 40026 |
| a daily basis. | 40027 |
| (3) The child is at risk of institutionalization in a | 40028 |
| hospital, skilled nursing facility, or intermediate care facility | 40029 |
| for the mentally retarded. | 40030 |
| (O) "Ohio educational challenge factor" means an index to | 40031 |
| adjust the funding amount for each school district to account for | 40032 |
| student and community socioeconomic factors affecting teacher | 40033 |
| recruitment and retention, professional development, and other | 40034 |
| factors related to quality instruction. The Ohio educational | 40035 |
| challenge factor for each school district includes the district's | 40036 |
| college attainment rate of population, wealth per pupil, and | 40037 |
| concentration of poverty, and is listed in section 3306.051 of | 40038 |
| the Revised Code. | 40039 |
| (P) "Organizational unit" means, for the purpose of | 40040 |
| calculating a school district's adequacy amount under this | 40041 |
| chapter, a unit used to index a school district's formula ADM in | 40042 |
| certain grade levels. Calculating the number of organizational | 40043 |
| units in a school district functions to allocate the state's | 40044 |
| resources in a manner that achieves a thorough, efficient, and | 40045 |
| adequate educational system that provides the appropriate services | 40046 |
| to students enrolled in that district. In recognition of the fact | 40047 |
| that students have different educational needs at each | 40048 |
| developmental stage, organizational units group the grade levels | 40049 |
| into elementary school units, middle school units, and high school | 40050 |
| units. Except as provided in division (C) of section 3306.04 of | 40051 |
| the Revised Code, a school district's "organizational units" is | 40052 |
| the sum of its elementary school units, middle school units, and | 40053 |
| high school units. | 40054 |
| (Q) A child may be identified as having an "other health | 40055 |
| impairment-major" if the child's condition meets the definition of | 40056 |
| "other health impaired" established in rules adopted by the state | 40057 |
| board of education prior to July 1, 2001, and if either of the | 40058 |
| following apply: | 40059 |
| (1) The child is identified as having a medical condition | 40060 |
| that is among those listed by the superintendent of public | 40061 |
| instruction as conditions where a substantial majority of cases | 40062 |
| fall within the definition of "medically fragile child." | 40063 |
| (2) The child is determined by the superintendent of public | 40064 |
| instruction to be a medically fragile child. A school district may | 40065 |
| petition the superintendent of public instruction for a | 40066 |
| determination that a child is a medically fragile child. | 40067 |
| (R) A child may be identified as having an "other health | 40068 |
| impairment-minor" if the child's condition meets the definition of | 40069 |
| "other health impaired" established in rules adopted by the state | 40070 |
| board of education prior to July 1, 2001, but the child's | 40071 |
| condition does not meet either of the conditions specified in | 40072 |
| division (Q)(1) or (2) of this section. | 40073 |
| (S) "Potential value" of a school district means the | 40074 |
| recognized valuation of a school district plus the tax exempt | 40075 |
| value of the district. | 40076 |
| (T) "Principal" means a person who provides management | 40077 |
| oversight of building operations, academic leadership for the | 40078 |
| teaching professionals, and other administrative duties. | 40079 |
| (U) "Property exemption value" means the amount certified for | 40080 |
| a school district under divisions (A)(6) and (7) of section | 40081 |
| 3317.021 of the Revised Code. | 40082 |
| (V) "Recognized valuation" means the amount calculated for a | 40083 |
| school district pursuant to section 3317.015 of the Revised Code. | 40084 |
| (W) "School nurse wellness coordinator" means a person who | 40085 |
| has fulfilled the requirements for the issuance of a school nurse | 40086 |
| wellness coordinator license under section 3319.221 of the | 40087 |
| Revised Code. | 40088 |
| (X) "Small school district" means a city, local, or exempted | 40089 |
| village school district that has a formula ADM of less than four | 40090 |
| hundred eighteen students in grades kindergarten through twelve. | 40091 |
| (Y) "Special education" has the same meaning as in section | 40092 |
| 3323.01 of the Revised Code. | 40093 |
| (Z) "Special education teacher" means a teacher who holds the | 40094 |
| necessary license issued pursuant to section 3319.22 of the | 40095 |
| Revised Code to meet the unique needs of children with | 40096 |
| disabilities. | 40097 |
| (AA) "Special education teacher's aide" means a person | 40098 |
| providing support for special education teachers and other | 40099 |
| associated duties. | 40100 |
| (BB) "Specialist teacher" means a person holding a valid | 40101 |
| educator's license, issued pursuant to section 3319.22 of the | 40102 |
| Revised Code, who provides instruction in dance, drama and | 40103 |
| theater, music, visual art, or physical education. | 40104 |
| (CC) "State share percentage" means the quotient of a school | 40105 |
| district's state share of the adequacy amount determined under | 40106 |
| section 3306.13 of the Revised Code divided by the total adequacy | 40107 |
| amount for the district as described in section 3306.03 of the | 40108 |
| Revised Code. If the quotient is a negative number, the district's | 40109 |
| state share percentage is zero. | 40110 |
| (DD) "Family and community liaisons" means individuals who | 40111 |
| provide assistance to students and their families, individuals | 40112 |
| who are linkage coordinators as described in section 3306.31 of | 40113 |
| the Revised Code, and may include individuals who hold valid | 40114 |
| licenses as family liaisons, social workers, and student | 40115 |
| advocates. | 40116 |
| (EE) "Supplemental teacher" means a person holding a valid | 40117 |
| educator license issued pursuant to section 3319.22 of the Revised | 40118 |
| Code, or qualified to secure such a license and approved by the | 40119 |
| school district to provide remedial services, intensive | 40120 |
| subject-based instruction, homework help, or other forms of | 40121 |
| supplemental instruction. | 40122 |
| (FF) "Targeted poverty indicator" means the percentage of a | 40123 |
| school district's students who are economically disadvantaged, as | 40124 |
| determined for purposes of the report card issued under section | 40125 |
| 3302.03 of the Revised Code. | 40126 |
| (GG) "Tax exempt value" of a school district means the amount | 40127 |
| certified for a school district under division (A)(4) of section | 40128 |
| 3317.021 of the Revised Code. | 40129 |
| (HH) "Total taxable value" means the sum of the amounts | 40130 |
| certified for a school district under divisions (A)(1) and (2) of | 40131 |
| section 3317.021 of the Revised Code. | 40132 |
| Sec. 3306.03. (A) The adequacy amount for each city, local, | 40133 |
| and exempted village school district is the sum of the following: | 40134 |
| (1) Instructional services support calculated under section | 40135 |
| 3306.05 of the Revised Code; | 40136 |
| (2) Additional services support calculated under section | 40137 |
| 3306.06 of the Revised Code; | 40138 |
| (3) Administrative services support calculated under section | 40139 |
| 3306.07 of the Revised Code; | 40140 |
| (4) Operations and maintenance support calculated under | 40141 |
| section 3306.08 of the Revised Code; | 40142 |
| (5) Gifted education and enrichment support calculated under | 40143 |
| sections 3306.09 and 3306.091, respectively, of the Revised Code; | 40144 |
| (6) Technology resources support calculated under section | 40145 |
| 3306.10 of the Revised Code; | 40146 |
| (7) The professional development factor, calculated by | 40147 |
| multiplying the sum of the school district's core teacher, | 40148 |
| specialist teacher, lead teacher, and special education teacher | 40149 |
| positions, all as calculated under sections 3306.05 and 3306.11 | 40150 |
| of the Revised Code, by $1,833 in fiscal years 2010 and 2011; | 40151 |
| (8) The instructional materials factor, calculated by | 40152 |
| multiplying the school district's formula ADM by $165. The | 40153 |
| instructional materials factor for each city, local, and exempted | 40154 |
| village school district shall be adjusted by multiplying this | 40155 |
| calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal | 40156 |
| year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in | 40157 |
| fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and | 40158 |
| 2017. | 40159 |
| (B) The state share of the adequacy amount paid to each | 40160 |
| school district shall be determined under section 3306.13 of the | 40161 |
| Revised Code. | 40162 |
| (C) Funding for career-technical education teachers and | 40163 |
| career-technical education program operations shall be calculated | 40164 |
| under section 3306.052 of the Revised Code. Transportation | 40165 |
| support shall be calculated under section 3306.12 of the Revised | 40166 |
| Code. Both are in addition to the state share of the adequacy | 40167 |
| amount. | 40168 |
| Sec. 3306.031. Beginning in fiscal year 2012, each city, | 40169 |
| local, and exempted village school district, community school | 40170 |
| established under Chapter 3314. of the Revised Code, and STEM | 40171 |
| school established under Chapter 3326. of the Revised Code for | 40172 |
| which funds are calculated for the professional development | 40173 |
| factor of the adequacy amount under section 3306.03, 3306.16, or | 40174 |
| 3306.17 of the Revised Code shall use those funds to provide | 40175 |
| teacher professional development that is aligned with the | 40176 |
| standards for professional development adopted by the state board | 40177 |
| of education under section 3319.61 of the Revised Code. The | 40178 |
| department of education shall provide guidance to districts and | 40179 |
| schools in aligning professional development opportunities with | 40180 |
| the standards. | 40181 |
| Sec. 3306.04. (A) For purposes of calculating the adequacy | 40182 |
| amount for each city, local, and exempted village school district, | 40183 |
| the department of education shall calculate the number of the | 40184 |
| district's organizational units. | 40185 |
| (B) Except for a small school district, each school | 40186 |
| district's "organizational units" is the sum of its elementary | 40187 |
| school units, middle school units, and high school units, as | 40188 |
| follows: | 40189 |
| (1) The number of the district's elementary school | 40190 |
| organizational units is calculated by dividing its formula ADM for | 40191 |
| grades kindergarten to five by four hundred eighteen. | 40192 |
| (2) The number of the district's middle school organizational | 40193 |
| units is calculated by dividing its formula ADM for grades six to | 40194 |
| eight by five hundred fifty-seven. | 40195 |
| (3) The number of the district's high school organizational | 40196 |
| units is calculated by dividing its formula ADM for grades nine to | 40197 |
| twelve by seven hundred thirty-three. | 40198 |
| (C) For each small school district, the number of | 40199 |
| organizational units is one organizational unit. | 40200 |
| (D) Each school district, regardless of its formula ADM, | 40201 |
| shall have at least one organizational unit. | 40202 |
| Sec. 3306.05. (A) The instructional services support | 40203 |
| component of the adequacy amount for each city, local, and | 40204 |
| exempted village school district is the sum of the following: | 40205 |
| (1) The core teacher factor; | 40206 |
| (2) The specialist teacher factor; | 40207 |
| (3) The lead teacher factor; | 40208 |
| (4) The special education teacher factor; | 40209 |
| (5) The special education teacher's aide factor; | 40210 |
| (6) The limited English proficiency teacher factor; | 40211 |
| (7) The supplemental teacher factor. | 40212 |
| (B) Each factor listed in division (A) of this section shall | 40213 |
| be calculated by multiplying the Ohio educational challenge | 40214 |
| factor, specified for the district in section 3306.051 of the | 40215 |
| Revised Code, times the statewide base teacher salary of $56,902 | 40216 |
| in fiscal year 2010 and $57,812 in fiscal year 2011, times the | 40217 |
| number of positions funded, as follows: | 40218 |
| (1) The number of core teacher positions funded shall be | 40219 |
| calculated by dividing the district's formula ADM in grades four | 40220 |
| to twelve by twenty-five, and then adding that number to the | 40221 |
| quotient of the district's formula ADM in grades kindergarten to | 40222 |
| three divided by the following: | 40223 |
| (a) In fiscal years 2010 and 2011, nineteen; | 40224 |
| (b) In fiscal years 2012 and 2013, seventeen; | 40225 |
| (c) In fiscal year 2014 and in each fiscal year thereafter, | 40226 |
| fifteen. | 40227 |
| (2) The number of specialist teacher positions funded shall | 40228 |
| be calculated by multiplying the number of core teacher positions | 40229 |
| determined under division (B)(1) of this section for grades | 40230 |
| kindergarten to eight by one-fifth, and by multiplying the number | 40231 |
| of core teacher positions determined for grades nine to twelve by | 40232 |
| one-fourth. | 40233 |
| (3) The number of lead teacher positions funded shall equal | 40234 |
| the number of the district's organizational units. | 40235 |
| (4) The number of special education teacher positions and | 40236 |
| special education teacher's aide positions funded shall be | 40237 |
| calculated as provided in section 3306.11 of the Revised Code. | 40238 |
| (5) The number of limited English proficiency teacher | 40239 |
| positions funded shall be calculated by multiplying the district's | 40240 |
| formula ADM times the district's percentage of limited English | 40241 |
| proficient students, as defined in 20 U.S.C. 7801, and then | 40242 |
| dividing that product by one hundred; | 40243 |
| (6) The number of supplemental teacher positions funded shall | 40244 |
| be calculated by multiplying the district's formula ADM times its | 40245 |
| targeted poverty indicator, and then dividing that product by one | 40246 |
| hundred. | 40247 |
| (C) Each school district shall account separately for | 40248 |
| expenditures of the amounts received for instructional services | 40249 |
| support under this section and report that information to the | 40250 |
| department of education. | 40251 |
| Sec. 3306.051. (A) The Ohio educational challenge factor is | 40252 |
| based on the following characteristics: | 40253 |
| (1) The college attainment rate of the school district's | 40254 |
| population; | 40255 |
| (2) The district's wealth per pupil, based on property | 40256 |
| valuation and federal adjusted gross income; | 40257 |
| (3) The district's concentration of poverty, based on its | 40258 |
| targeted poverty indicator. | 40259 |
| (B) The Ohio educational challenge factor for each city, | 40260 |
| local, and exempted village school district for fiscal years 2010 | 40261 |
| and 2011 shall equal the following: | 40262 |
| Educational | 40263 | |||||
| School | Challenge | 40264 | ||||
| District | County | Factor | 40265 | |||
| Ada Ex Vill SD | Hardin | 1.276507 | 40266 | |||
| Adena Local SD | Ross | 1.464992 | 40267 | |||
| Akron City SD | Summit | 1.406389 | 40268 | |||
| Alexander Local SD | Athens | 1.313935 | 40269 | |||
| Allen East Local SD | Allen | 1.424432 | 40270 | |||
| Alliance City SD | Stark | 1.412775 | 40271 | |||
| Amanda-Clearcreek Local SD | Fairfield | 1.475639 | 40272 | |||
| Amherst Ex Vill SD | Lorain | 1.075260 | 40273 | |||
| Anna Local SD | Shelby | 1.145758 | 40274 | |||
| Ansonia Local SD | Darke | 1.491442 | 40275 | |||
| Anthony Wayne Local SD | Lucas | 0.967172 | 40276 | |||
| Antwerp Local SD | Paulding | 1.388847 | 40277 | |||
| Arcadia Local SD | Hancock | 1.099092 | 40278 | |||
| Arcanum Butler Local SD | Darke | 1.232531 | 40279 | |||
| Archbold-Area Local SD | Fulton | 1.061622 | 40280 | |||
| Arlington Local SD | Hancock | 1.209353 | 40281 | |||
| Ashland City SD | Ashland | 1.165340 | 40282 | |||
| Ashtabula Area City SD | Ashtabula | 1.382239 | 40283 | |||
| Athens City SD | Athens | 1.111632 | 40284 | |||
| Aurora City SD | Portage | 0.926606 | 40285 | |||
| Austintown Local SD | Mahoning | 1.199890 | 40286 | |||
| Avon Lake City SD | Lorain | 0.907126 | 40287 | |||
| Avon Local SD | Lorain | 0.956278 | 40288 | |||
| Ayersville Local SD | Defiance | 1.083115 | 40289 | |||
| Barberton City SD | Summit | 1.378977 | 40290 | |||
| Barnesville Ex Vill SD | Belmont | 1.336210 | 40291 | |||
| Batavia Local SD | Clermont | 1.237613 | 40292 | |||
| Bath Local SD | Allen | 1.162598 | 40293 | |||
| Bay Village City SD | Cuyahoga | 0.872927 | 40294 | |||
| Beachwood City SD | Cuyahoga | 0.788347 | 40295 | |||
| Beaver Local SD | Columbiana | 1.326577 | 40296 | |||
| Beavercreek City SD | Greene | 0.922944 | 40297 | |||
| Bedford City SD | Cuyahoga | 1.146404 | 40298 | |||
| Bellaire Local SD | Belmont | 1.553266 | 40299 | |||
| Bellefontaine City SD | Logan | 1.316875 | 40300 | |||
| Bellevue City SD | Huron | 1.224385 | 40301 | |||
| Belpre City SD | Washington | 1.189101 | 40302 | |||
| Benjamin Logan Local SD | Logan | 1.092906 | 40303 | |||
| Benton Carroll Salem Local SD | Ottawa | 1.064360 | 40304 | |||
| Berea City SD | Cuyahoga | 1.076406 | 40305 | |||
| Berkshire Local SD | Geauga | 1.031217 | 40306 | |||
| Berlin-Milan Local SD | Erie | 1.080029 | 40307 | |||
| Berne Union Local SD | Fairfield | 1.212285 | 40308 | |||
| Bethel Local SD | Miami | 1.042841 | 40309 | |||
| Bethel-Tate Local SD | Clermont | 1.467173 | 40310 | |||
| Bettsville Local SD | Seneca | 1.266982 | 40311 | |||
| Bexley City SD | Franklin | 0.811340 | 40312 | |||
| Big Walnut Local SD | Delaware | 0.967045 | 40313 | |||
| Black River Local SD | Medina | 1.235165 | 40314 | |||
| Blanchester Local SD | Clinton | 1.464462 | 40315 | |||
| Bloom Carroll Local SD | Fairfield | 1.019268 | 40316 | |||
| Bloomfield-Mespo Local SD | Trumbull | 1.242742 | 40317 | |||
| Bloom-Vernon Local SD | Scioto | 1.550611 | 40318 | |||
| Bluffton Ex Vill SD | Allen | 1.110535 | 40319 | |||
| Boardman Local SD | Mahoning | 1.059697 | 40320 | |||
| Botkins Local SD | Shelby | 1.160687 | 40321 | |||
| Bowling Green City SD | Wood | 0.994699 | 40322 | |||
| Bradford Ex Vill SD | Miami | 1.501180 | 40323 | |||
| Brecksville-Broadview Hts City SD | Cuyahoga | 0.907332 | 40324 | |||
| Bridgeport Ex Vill SD | Belmont | 1.400416 | 40325 | |||
| Bright Local SD | Highland | 1.514786 | 40326 | |||
| Bristol Local SD | Trumbull | 1.311147 | 40327 | |||
| Brookfield Local SD | Trumbull | 1.254722 | 40328 | |||
| Brooklyn City SD | Cuyahoga | 1.095906 | 40329 | |||
| Brookville Local SD | Montgomery | 1.117308 | 40330 | |||
| Brown Local SD | Carroll | 1.200260 | 40331 | |||
| Brunswick City SD | Medina | 1.070900 | 40332 | |||
| Bryan City SD | Williams | 1.147033 | 40333 | |||
| Buckeye Central Local SD | Crawford | 1.318612 | 40334 | |||
| Buckeye Local SD | Ashtabula | 1.205162 | 40335 | |||
| Buckeye Local SD | Jefferson | 1.289405 | 40336 | |||
| Buckeye Local SD | Medina | 1.045651 | 40337 | |||
| Buckeye Valley Local SD | Delaware | 1.000444 | 40338 | |||
| Bucyrus City SD | Crawford | 1.523808 | 40339 | |||
| Caldwell Ex Vill SD | Noble | 1.326424 | 40340 | |||
| Cambridge City SD | Guernsey | 1.499755 | 40341 | |||
| Campbell City SD | Mahoning | 1.595858 | 40342 | |||
| Canal Winchester Local SD | Franklin | 1.106260 | 40343 | |||
| Canfield Local SD | Mahoning | 0.947954 | 40344 | |||
| Canton City SD | Stark | 1.585014 | 40345 | |||
| Canton Local SD | Stark | 1.232137 | 40346 | |||
| Cardinal Local SD | Geauga | 1.108513 | 40347 | |||
| Cardington-Lincoln Local SD | Morrow | 1.470847 | 40348 | |||
| Carey Ex Vill SD | Wyandot | 1.236865 | 40349 | |||
| Carlisle Local SD | Warren | 1.238244 | 40350 | |||
| Carrollton Ex Vill SD | Carroll | 1.267127 | 40351 | |||
| Cedar Cliff Local SD | Greene | 1.196668 | 40352 | |||
| Celina City SD | Mercer | 1.175680 | 40353 | |||
| Centerburg Local SD | Knox | 1.226160 | 40354 | |||
| Centerville City SD | Montgomery | 0.874900 | 40355 | |||
| Central Local SD | Defiance | 1.471967 | 40356 | |||
| Chagrin Falls Ex Vill SD | Cuyahoga | 0.773955 | 40357 | |||
| Champion Local SD | Trumbull | 1.138977 | 40358 | |||
| Chardon Local SD | Geauga | 0.970334 | 40359 | |||
| Chesapeake Union Ex Vill SD | Lawrence | 1.588621 | 40360 | |||
| Chillicothe City SD | Ross | 1.213102 | 40361 | |||
| Chippewa Local SD | Wayne | 1.085963 | 40362 | |||
| Cincinnati City SD | Hamilton | 1.160152 | 40363 | |||
| Circleville City SD | Pickaway | 1.242114 | 40364 | |||
| Clark-Shawnee Local SD | Clark | 1.060460 | 40365 | |||
| Clay Local SD | Scioto | 1.438160 | 40366 | |||
| Claymont City SD | Tuscarawas | 1.549650 | 40367 | |||
| Clear Fork Valley Local SD | Richland | 1.313111 | 40368 | |||
| Clearview Local SD | Lorain | 1.541988 | 40369 | |||
| Clermont-Northeastern Local SD | Clermont | 1.156191 | 40370 | |||
| Cleveland Hts-Univ Hts City SD | Cuyahoga | 1.034050 | 40371 | |||
| Cleveland Municipal SD | Cuyahoga | 1.591903 | 40372 | |||
| Clinton-Massie Local SD | Clinton | 1.133361 | 40373 | |||
| Cloverleaf Local SD | Medina | 1.075321 | 40374 | |||
| Clyde-Green Springs Ex Vill SD | Sandusky | 1.316544 | 40375 | |||
| Coldwater Ex Vill SD | Mercer | 1.379071 | 40376 | |||
| College Corner Local SD | Preble | 1.316130 | 40377 | |||
| Colonel Crawford Local SD | Crawford | 1.091023 | 40378 | |||
| Columbia Local SD | Lorain | 1.030821 | 40379 | |||
| Columbiana Ex Vill SD | Columbiana | 1.137881 | 40380 | |||
| Columbus City SD | Franklin | 1.266133 | 40381 | |||
| Columbus Grove Local SD | Putnam | 1.244911 | 40382 | |||
| Conneaut Area City SD | Ashtabula | 1.525711 | 40383 | |||
| Conotton Valley Union Local SD | Harrison | 1.345678 | 40384 | |||
| Continental Local SD | Putnam | 1.396089 | 40385 | |||
| Copley-Fairlawn City SD | Summit | 0.909191 | 40386 | |||
| Cory-Rawson Local SD | Hancock | 1.146248 | 40387 | |||
| Coshocton City SD | Coshocton | 1.385980 | 40388 | |||
| Coventry Local SD | Summit | 1.095527 | 40389 | |||
| Covington Ex Vill SD | Miami | 1.157932 | 40390 | |||
| Crestline Ex Vill SD | Crawford | 1.374339 | 40391 | |||
| Crestview Local SD | Columbiana | 1.310088 | 40392 | |||
| Crestview Local SD | Richland | 1.481045 | 40393 | |||
| Crestview Local SD | Van Wert | 1.373754 | 40394 | |||
| Crestwood Local SD | Portage | 1.129538 | 40395 | |||
| Crooksville Ex Vill SD | Perry | 1.573427 | 40396 | |||
| Cuyahoga Falls City SD | Summit | 1.094856 | 40397 | |||
| Cuyahoga Heights Local SD | Cuyahoga | 0.898436 | 40398 | |||
| Dalton Local SD | Wayne | 1.092859 | 40399 | |||
| Danbury Local SD | Ottawa | 0.971857 | 40400 | |||
| Danville Local SD | Knox | 1.494103 | 40401 | |||
| Dawson-Bryant Local SD | Lawrence | 1.648169 | 40402 | |||
| Dayton City SD | Montgomery | 1.448163 | 40403 | |||
| Deer Park Community City SD | Hamilton | 1.020600 | 40404 | |||
| Defiance City SD | Defiance | 1.325040 | 40405 | |||
| Delaware City SD | Delaware | 1.113757 | 40406 | |||
| Delphos City SD | Allen | 1.157538 | 40407 | |||
| Dover City SD | Tuscarawas | 1.140054 | 40408 | |||
| Dublin City SD | Franklin | 0.867517 | 40409 | |||
| East Cleveland City SD | Cuyahoga | 1.581708 | 40410 | |||
| East Clinton Local SD | Clinton | 1.462780 | 40411 | |||
| East Guernsey Local SD | Guernsey | 1.515285 | 40412 | |||
| East Holmes Local SD | Holmes | 1.139627 | 40413 | |||
| East Knox Local SD | Knox | 1.155805 | 40414 | |||
| East Liverpool City SD | Columbiana | 1.590185 | 40415 | |||
| East Muskingum Local SD | Muskingum | 1.207660 | 40416 | |||
| East Palestine City SD | Columbiana | 1.344973 | 40417 | |||
| Eastern Local SD | Brown | 1.331577 | 40418 | |||
| Eastern Local SD | Meigs | 1.512415 | 40419 | |||
| Eastern Local SD | Pike | 1.581268 | 40420 | |||
| Eastwood Local SD | Wood | 1.126743 | 40421 | |||
| Eaton Community Schools City SD | Preble | 1.136722 | 40422 | |||
| Edgerton Local SD | Williams | 1.306016 | 40423 | |||
| Edgewood City SD | Butler | 1.233147 | 40424 | |||
| Edison Local SD | Jefferson | 1.199355 | 40425 | |||
| Edon-Northwest Local SD | Williams | 1.318268 | 40426 | |||
| Elgin Local SD | Marion | 1.333351 | 40427 | |||
| Elida Local SD | Allen | 1.174016 | 40428 | |||
| Elmwood Local SD | Wood | 1.457047 | 40429 | |||
| Elyria City SD | Lorain | 1.284154 | 40430 | |||
| Euclid City SD | Cuyahoga | 1.257378 | 40431 | |||
| Evergreen Local SD | Fulton | 1.132215 | 40432 | |||
| Fairbanks Local SD | Union | 1.029919 | 40433 | |||
| Fairborn City SD | Greene | 1.169324 | 40434 | |||
| Fairfield City SD | Butler | 1.120999 | 40435 | |||
| Fairfield Local SD | Highland | 1.476728 | 40436 | |||
| Fairfield Union Local SD | Fairfield | 1.305113 | 40437 | |||
| Fairland Local SD | Lawrence | 1.298842 | 40438 | |||
| Fairlawn Local SD | Shelby | 1.450135 | 40439 | |||
| Fairless Local SD | Stark | 1.342312 | 40440 | |||
| Fairport Harbor Ex Vill SD | Lake | 1.074627 | 40441 | |||
| Fairview Park City SD | Cuyahoga | 0.917044 | 40442 | |||
| Fayetteville-Perry Local SD | Brown | 1.232747 | 40443 | |||
| Federal Hocking Local SD | Athens | 1.504926 | 40444 | |||
| Felicity-Franklin Local SD | Clermont | 1.545885 | 40445 | |||
| Field Local SD | Portage | 1.063508 | 40446 | |||
| Findlay City SD | Hancock | 1.134799 | 40447 | |||
| Finneytown Local SD | Hamilton | 1.067569 | 40448 | |||
| Firelands Local SD | Lorain | 1.084064 | 40449 | |||
| Forest Hills Local SD | Hamilton | 0.918825 | 40450 | |||
| Fort Frye Local SD | Washington | 1.247229 | 40451 | |||
| Fort Loramie Local SD | Shelby | 1.228727 | 40452 | |||
| Fort Recovery Local SD | Mercer | 1.390459 | 40453 | |||
| Fostoria City SD | Seneca | 1.398532 | 40454 | |||
| Franklin City SD | Warren | 1.181691 | 40455 | |||
| Franklin Local SD | Muskingum | 1.516304 | 40456 | |||
| Franklin-Monroe Local SD | Darke | 1.155467 | 40457 | |||
| Fredericktown Local SD | Knox | 1.206674 | 40458 | |||
| Fremont City SD | Sandusky | 1.222520 | 40459 | |||
| Frontier Local SD | Washington | 1.548391 | 40460 | |||
| Gahanna-Jefferson City SD | Franklin | 0.937449 | 40461 | |||
| Galion City SD | Crawford | 1.340599 | 40462 | |||
| Gallia County Local SD | Gallia | 1.180183 | 40463 | |||
| Gallipolis City SD | Gallia | 1.309992 | 40464 | |||
| Garaway Local SD | Tuscarawas | 1.168729 | 40465 | |||
| Garfield Heights City SD | Cuyahoga | 1.275039 | 40466 | |||
| Geneva Area City SD | Ashtabula | 1.241353 | 40467 | |||
| Genoa Area Local SD | Ottawa | 1.144052 | 40468 | |||
| Georgetown Ex Vill SD | Brown | 1.330521 | 40469 | |||
| Gibsonburg Ex Vill SD | Sandusky | 1.447493 | 40470 | |||
| Girard City SD | Trumbull | 1.331051 | 40471 | |||
| Gorham Fayette Local SD | Fulton | 1.474052 | 40472 | |||
| Goshen Local SD | Clermont | 1.330935 | 40473 | |||
| Graham Local SD | Champaign | 1.232041 | 40474 | |||
| Grand Valley Local SD | Ashtabula | 1.254268 | 40475 | |||
| Grandview Heights City SD | Franklin | 0.884845 | 40476 | |||
| Granville Ex Vill SD | Licking | 0.945199 | 40477 | |||
| Green Local SD | Scioto | 1.368399 | 40478 | |||
| Green Local SD | Summit | 1.028315 | 40479 | |||
| Green Local SD | Wayne | 1.206381 | 40480 | |||
| Greeneview Local SD | Greene | 1.148655 | 40481 | |||
| Greenfield Ex Vill SD | Highland | 1.511212 | 40482 | |||
| Greenon Local SD | Clark | 1.063320 | 40483 | |||
| Greenville City SD | Darke | 1.182750 | 40484 | |||
| Groveport Madison Local SD | Franklin | 1.237531 | 40485 | |||
| Hamilton City SD | Butler | 1.370018 | 40486 | |||
| Hamilton Local SD | Franklin | 1.517435 | 40487 | |||
| Hardin Northern Local SD | Hardin | 1.241016 | 40488 | |||
| Hardin-Houston Local SD | Shelby | 1.235363 | 40489 | |||
| Harrison Hills City SD | Harrison | 1.285541 | 40490 | |||
| Heath City SD | Licking | 1.159649 | 40491 | |||
| Hicksville Ex Vill SD | Defiance | 1.451150 | 40492 | |||
| Highland Local SD | Medina | 0.966108 | 40493 | |||
| Highland Local SD | Morrow | 1.319540 | 40494 | |||
| Hilliard City SD | Franklin | 0.985085 | 40495 | |||
| Hillsboro City SD | Highland | 1.326287 | 40496 | |||
| Hillsdale Local SD | Ashland | 1.192263 | 40497 | |||
| Holgate Local SD | Henry | 1.480580 | 40498 | |||
| Hopewell-Loudon Local SD | Seneca | 1.094095 | 40499 | |||
| Howland Local SD | Trumbull | 0.997232 | 40500 | |||
| Hubbard Ex Vill SD | Trumbull | 1.217366 | 40501 | |||
| Huber Heights City SD | Montgomery | 1.189895 | 40502 | |||
| Hudson Local SD | Summit | 0.867982 | 40503 | |||
| Huntington Local SD | Ross | 1.563988 | 40504 | |||
| Huron City SD | Erie | 0.953062 | 40505 | |||
| Independence Local SD | Cuyahoga | 0.877361 | 40506 | |||
| Indian Creek Local SD | Jefferson | 1.194894 | 40507 | |||
| Indian Hill Ex Vill SD | Hamilton | 0.769421 | 40508 | |||
| Indian Lake Local SD | Logan | 1.177268 | 40509 | |||
| Indian Valley Local SD | Tuscarawas | 1.490431 | 40510 | |||
| Ironton City SD | Lawrence | 1.372550 | 40511 | |||
| Jackson Center Local SD | Shelby | 1.222754 | 40512 | |||
| Jackson City SD | Jackson | 1.339235 | 40513 | |||
| Jackson Local SD | Stark | 0.936952 | 40514 | |||
| Jackson-Milton Local SD | Mahoning | 1.120098 | 40515 | |||
| James A Garfield Local SD | Portage | 1.221108 | 40516 | |||
| Jefferson Area Local SD | Ashtabula | 1.231486 | 40517 | |||
| Jefferson Local SD | Madison | 1.217465 | 40518 | |||
| Jefferson Township Local SD | Montgomery | 1.349631 | 40519 | |||
| Jennings Local SD | Putnam | 1.233214 | 40520 | |||
| Johnstown-Monroe Local SD | Licking | 1.068628 | 40521 | |||
| Jonathan Alder Local SD | Madison | 1.087918 | 40522 | |||
| Joseph Badger Local SD | Trumbull | 1.217508 | 40523 | |||
| Kalida Local SD | Putnam | 1.134357 | 40524 | |||
| Kelleys Island Local SD | Erie | 0.897093 | 40525 | |||
| Kenston Local SD | Geauga | 0.888370 | 40526 | |||
| Kent City SD | Portage | 1.292091 | 40527 | |||
| Kenton City SD | Hardin | 1.341240 | 40528 | |||
| Kettering City SD | Montgomery | 1.039020 | 40529 | |||
| Keystone Local SD | Lorain | 1.095731 | 40530 | |||
| Kings Local SD | Warren | 0.944617 | 40531 | |||
| Kirtland Local SD | Lake | 0.869122 | 40532 | |||
| La Brae Local SD | Trumbull | 1.509648 | 40533 | |||
| Lake Local SD | Stark | 1.105350 | 40534 | |||
| Lake Local SD | Wood | 1.092732 | 40535 | |||
| Lakeview Local SD | Trumbull | 1.050113 | 40536 | |||
| Lakewood City SD | Cuyahoga | 1.082658 | 40537 | |||
| Lakewood Local SD | Licking | 1.161169 | 40538 | |||
| Lakota Local SD | Butler | 0.991612 | 40539 | |||
| Lakota Local SD | Sandusky | 1.334058 | 40540 | |||
| Lancaster City SD | Fairfield | 1.181921 | 40541 | |||
| Lebanon City SD | Warren | 1.057278 | 40542 | |||
| Ledgemont Local SD | Geauga | 1.089874 | 40543 | |||
| Leetonia Ex Vill SD | Columbiana | 1.492636 | 40544 | |||
| Leipsic Local SD | Putnam | 1.358612 | 40545 | |||
| Lexington Local SD | Richland | 1.055083 | 40546 | |||
| Liberty Benton Local SD | Hancock | 1.100796 | 40547 | |||
| Liberty Center Local SD | Henry | 1.243394 | 40548 | |||
| Liberty Local SD | Trumbull | 1.143199 | 40549 | |||
| Liberty Union-Thurston Local SD | Fairfield | 1.153214 | 40550 | |||
| Licking Heights Local SD | Licking | 1.099699 | 40551 | |||
| Licking Valley Local SD | Licking | 1.315180 | 40552 | |||
| Lima City SD | Allen | 1.609824 | 40553 | |||
| Lincolnview Local SD | Van Wert | 1.304841 | 40554 | |||
| Lisbon Ex Vill SD | Columbiana | 1.485931 | 40555 | |||
| Little Miami Local SD | Warren | 1.000131 | 40556 | |||
| Lockland City SD | Hamilton | 1.263116 | 40557 | |||
| Logan Elm Local SD | Pickaway | 1.144691 | 40558 | |||
| Logan-Hocking Local SD | Hocking | 1.351308 | 40559 | |||
| London City SD | Madison | 1.168705 | 40560 | |||
| Lorain City SD | Lorain | 1.606260 | 40561 | |||
| Lordstown Local SD | Trumbull | 1.028907 | 40562 | |||
| Loudonville-Perrysville Ex Vill SD | Ashland | 1.239646 | 40563 | |||
| Louisville City SD | Stark | 1.145913 | 40564 | |||
| Loveland City SD | Hamilton | 0.952906 | 40565 | |||
| Lowellville Local SD | Mahoning | 1.444465 | 40566 | |||
| Lucas Local SD | Richland | 1.148773 | 40567 | |||
| Lynchburg-Clay Local SD | Highland | 1.487133 | 40568 | |||
| Mad River Local SD | Montgomery | 1.516797 | 40569 | |||
| Madeira City SD | Hamilton | 0.902798 | 40570 | |||
| Madison Local SD | Butler | 1.149365 | 40571 | |||
| Madison Local SD | Lake | 1.210499 | 40572 | |||
| Madison Local SD | Richland | 1.260875 | 40573 | |||
| Madison-Plains Local SD | Madison | 1.111244 | 40574 | |||
| Manchester Local SD | Summit | 1.072196 | 40575 | |||
| Manchester Local SD | Adams | 1.093117 | 40576 | |||
| Mansfield City SD | Richland | 1.413073 | 40577 | |||
| Maple Heights City SD | Cuyahoga | 1.369670 | 40578 | |||
| Mapleton Local SD | Ashland | 1.244822 | 40579 | |||
| Maplewood Local SD | Trumbull | 1.306471 | 40580 | |||
| Margaretta Local SD | Erie | 1.101795 | 40581 | |||
| Mariemont City SD | Hamilton | 0.888848 | 40582 | |||
| Marietta City SD | Washington | 1.142004 | 40583 | |||
| Marion City SD | Marion | 1.561608 | 40584 | |||
| Marion Local SD | Mercer | 1.395959 | 40585 | |||
| Marlington Local SD | Stark | 1.198789 | 40586 | |||
| Martins Ferry City SD | Belmont | 1.598533 | 40587 | |||
| Marysville Ex Vill SD | Union | 1.084320 | 40588 | |||
| Mason City SD | Warren | 0.992155 | 40589 | |||
| Massillon City SD | Stark | 1.355745 | 40590 | |||
| Mathews Local SD | Trumbull | 1.030473 | 40591 | |||
| Maumee City SD | Lucas | 0.996440 | 40592 | |||
| Mayfield City SD | Cuyahoga | 0.851001 | 40593 | |||
| Maysville Local SD | Muskingum | 1.517598 | 40594 | |||
| McComb Local SD | Hancock | 1.301153 | 40595 | |||
| McDonald Local SD | Trumbull | 1.429212 | 40596 | |||
| Mechanicsburg Ex Vill SD | Champaign | 1.243229 | 40597 | |||
| Medina City SD | Medina | 1.005089 | 40598 | |||
| Meigs Local SD | Meigs | 1.584300 | 40599 | |||
| Mentor Ex Vill SD | Lake | 0.964461 | 40600 | |||
| Miami East Local SD | Miami | 1.121995 | 40601 | |||
| Miami Trace Local SD | Fayette | 1.228492 | 40602 | |||
| Miamisburg City SD | Montgomery | 1.114930 | 40603 | |||
| Middletown City SD | Butler | 1.257163 | 40604 | |||
| Midview Local SD | Lorain | 1.092786 | 40605 | |||
| Milford Ex Vill SD | Clermont | 1.018109 | 40606 | |||
| Millcreek-West Unity Local SD | Williams | 1.351879 | 40607 | |||
| Miller City-New Cleveland Local SD | Putnam | 1.379562 | 40608 | |||
| Milton-Union Ex Vill SD | Miami | 1.221554 | 40609 | |||
| Minerva Local SD | Stark | 1.326538 | 40610 | |||
| Minford Local SD | Scioto | 1.509434 | 40611 | |||
| Minster Local SD | Auglaize | 1.068103 | 40612 | |||
| Mississinawa Valley Local SD | Darke | 1.517760 | 40613 | |||
| Mogadore Local SD | Summit | 1.115527 | 40614 | |||
| Mohawk Local SD | Wyandot | 1.149449 | 40615 | |||
| Monroe Local SD | Butler | 0.988156 | 40616 | |||
| Monroeville Local SD | Huron | 1.105963 | 40617 | |||
| Montpelier Ex Vill SD | Williams | 1.484169 | 40618 | |||
| Morgan Local SD | Morgan | 1.515632 | 40619 | |||
| Mount Gilead Ex Vill SD | Morrow | 1.303456 | 40620 | |||
| Mount Healthy City SD | Hamilton | 1.385527 | 40621 | |||
| Mount Vernon City SD | Knox | 1.222667 | 40622 | |||
| Napoleon City SD | Henry | 1.219862 | 40623 | |||
| National Trail Local SD | Preble | 1.337309 | 40624 | |||
| Nelsonville-York City SD | Athens | 1.554619 | 40625 | |||
| New Albany-Plain Local SD | Franklin | 0.863212 | 40626 | |||
| New Boston Local SD | Scioto | 1.589690 | 40627 | |||
| New Bremen Local SD | Auglaize | 1.127253 | 40628 | |||
| New Knoxville Local SD | Auglaize | 1.217764 | 40629 | |||
| New Lebanon Local SD | Montgomery | 1.462491 | 40630 | |||
| New Lexington City SD | Perry | 1.545076 | 40631 | |||
| New London Local SD | Huron | 1.474130 | 40632 | |||
| New Miami Local SD | Butler | 1.573547 | 40633 | |||
| New Philadelphia City SD | Tuscarawas | 1.184127 | 40634 | |||
| New Richmond Ex Vill SD | Clermont | 1.121137 | 40635 | |||
| New Riegel Local SD | Seneca | 1.393211 | 40636 | |||
| Newark City SD | Licking | 1.252280 | 40637 | |||
| Newbury Local SD | Geauga | 0.944732 | 40638 | |||
| Newcomerstown Ex Vill SD | Tuscarawas | 1.529126 | 40639 | |||
| Newton Falls Ex Vill SD | Trumbull | 1.313730 | 40640 | |||
| Newton Local SD | Miami | 1.224466 | 40641 | |||
| Niles City SD | Trumbull | 1.334003 | 40642 | |||
| Noble Local SD | Noble | 1.480889 | 40643 | |||
| Nordonia Hills City SD | Summit | 0.934080 | 40644 | |||
| North Baltimore Local SD | Wood | 1.308125 | 40645 | |||
| North Canton City SD | Stark | 1.003775 | 40646 | |||
| North Central Local SD | Wayne | 1.223714 | 40647 | |||
| North Central Local SD | Williams | 1.324444 | 40648 | |||
| North College Hill City SD | Hamilton | 1.379521 | 40649 | |||
| North Fork Local SD | Licking | 1.226601 | 40650 | |||
| North Olmsted City SD | Cuyahoga | 1.055678 | 40651 | |||
| North Ridgeville City SD | Lorain | 1.035395 | 40652 | |||
| North Royalton City SD | Cuyahoga | 0.943948 | 40653 | |||
| North Union Local SD | Union | 1.325953 | 40654 | |||
| Northeastern Local SD | Clark | 1.119356 | 40655 | |||
| Northeastern Local SD | Defiance | 1.078723 | 40656 | |||
| Northern Local SD | Perry | 1.254464 | 40657 | |||
| Northmont City SD | Montgomery | 1.099334 | 40658 | |||
| Northmor Local SD | Morrow | 1.234469 | 40659 | |||
| Northridge Local SD | Licking | 1.112137 | 40660 | |||
| Northridge Local SD | Montgomery | 1.313654 | 40661 | |||
| Northwest Local SD | Hamilton | 1.097477 | 40662 | |||
| Northwest Local SD | Scioto | 1.585245 | 40663 | |||
| Northwest Local SD | Stark | 1.188706 | 40664 | |||
| Northwestern Local SD | Clark | 1.124065 | 40665 | |||
| Northwestern Local SD | Wayne | 1.480021 | 40666 | |||
| Northwood Local SD | Wood | 1.172657 | 40667 | |||
| Norton City SD | Summit | 1.077363 | 40668 | |||
| Norwalk City SD | Huron | 1.238518 | 40669 | |||
| Norwood City SD | Hamilton | 1.203977 | 40670 | |||
| Oak Hill Union Local SD | Jackson | 1.517445 | 40671 | |||
| Oak Hills Local SD | Hamilton | 1.009889 | 40672 | |||
| Oakwood City SD | Montgomery | 0.888026 | 40673 | |||
| Oberlin City SD | Lorain | 1.151305 | 40674 | |||
| Ohio Valley Local SD | Adams | 1.546394 | 40675 | |||
| Old Fort Local SD | Seneca | 1.154292 | 40676 | |||
| Olentangy Local SD | Delaware | 0.873909 | 40677 | |||
| Olmsted Falls City SD | Cuyahoga | 1.034716 | 40678 | |||
| Ontario Local SD | Richland | 1.017660 | 40679 | |||
| Orange City SD | Cuyahoga | 0.767949 | 40680 | |||
| Oregon City SD | Lucas | 1.149614 | 40681 | |||
| Orrville City SD | Wayne | 1.220908 | 40682 | |||
| Osnaburg Local SD | Stark | 1.161056 | 40683 | |||
| Otsego Local SD | Wood | 1.085754 | 40684 | |||
| Ottawa Hills Local SD | Lucas | 0.807704 | 40685 | |||
| Ottawa-Glandorf Local SD | Putnam | 1.129901 | 40686 | |||
| Ottoville Local SD | Putnam | 1.155937 | 40687 | |||
| Painsville City Local SD | Lake | 1.576006 | 40688 | |||
| Painsville Township Local SD | Lake | 0.979713 | 40689 | |||
| Paint Valley Local SD | Ross | 1.511112 | 40690 | |||
| Pandora-Gilboa Local SD | Putnam | 1.207508 | 40691 | |||
| Parkway Local SD | Mercer | 1.451914 | 40692 | |||
| Parma City SD | Cuyahoga | 1.096590 | 40693 | |||
| Patrick Henry Local SD | Henry | 1.314110 | 40694 | |||
| Paulding Ex Vill SD | Paulding | 1.316904 | 40695 | |||
| Perkins Local SD | Erie | 1.006525 | 40696 | |||
| Perry Local SD | Allen | 1.252464 | 40697 | |||
| Perry Local SD | Lake | 1.014880 | 40698 | |||
| Perry Local SD | Stark | 1.155570 | 40699 | |||
| Perrysburg Ex Vill SD | Wood | 0.941179 | 40700 | |||
| Pettisville Local SD | Fulton | 1.215972 | 40701 | |||
| Pickerington Local SD | Fairfield | 1.078034 | 40702 | |||
| Pike-Delta-York Local SD | Fulton | 1.225338 | 40703 | |||
| Piqua City SD | Miami | 1.252751 | 40704 | |||
| Plain Local SD | Stark | 1.101022 | 40705 | |||
| Pleasant Local SD | Marion | 1.066006 | 40706 | |||
| Plymouth-Shiloh Local SD | Richland | 1.539933 | 40707 | |||
| Poland Local SD | Mahoning | 0.976878 | 40708 | |||
| Port Clinton City SD | Ottawa | 1.045171 | 40709 | |||
| Portsmouth City SD | Scioto | 1.560445 | 40710 | |||
| Preble-Shawnee Local SD | Preble | 1.253492 | 40711 | |||
| Princeton City SD | Hamilton | 0.989700 | 40712 | |||
| Put-In-Bay Local SD | Ottawa | 0.870887 | 40713 | |||
| Pymatuning Valley Local SD | Ashtabula | 1.357539 | 40714 | |||
| Ravenna City SD | Portage | 1.258270 | 40715 | |||
| Reading Community City SD | Hamilton | 1.138957 | 40716 | |||
| Revere Local SD | Summit | 0.811916 | 40717 | |||
| Reynoldsburg City SD | Franklin | 1.185729 | 40718 | |||
| Richmond Heights Local SD | Cuyahoga | 0.988219 | 40719 | |||
| Ridgedale Local SD | Marion | 1.232091 | 40720 | |||
| Ridgemont Local SD | Hardin | 1.315320 | 40721 | |||
| Ridgewood Local SD | Coshocton | 1.499377 | 40722 | |||
| Ripley-Union-Lewis Local SD | Brown | 1.518737 | 40723 | |||
| Rittman Ex Vill SD | Wayne | 1.341158 | 40724 | |||
| River Valley Local SD | Marion | 1.144948 | 40725 | |||
| River View Local SD | Coshocton | 1.255718 | 40726 | |||
| Riverdale Local SD | Hardin | 1.463411 | 40727 | |||
| Riverside Local SD | Logan | 1.477936 | 40728 | |||
| Rock Hill Local SD | Lawrence | 1.590768 | 40729 | |||
| Rocky River City SD | Cuyahoga | 0.840017 | 40730 | |||
| Rolling Hills Local SD | Guernsey | 1.513489 | 40731 | |||
| Rootstown Local SD | Portage | 1.084884 | 40732 | |||
| Ross Local SD | Butler | 1.128779 | 40733 | |||
| Rossford Ex Vill SD | Wood | 1.080899 | 40734 | |||
| Russia Local SD | Shelby | 1.374251 | 40735 | |||
| Salem City SD | Columbiana | 1.180687 | 40736 | |||
| Sandusky City SD | Erie | 1.300930 | 40737 | |||
| Sandy Valley Local SD | Stark | 1.331965 | 40738 | |||
| Scioto Valley Local SD | Pike | 1.526714 | 40739 | |||
| Sebring Local SD | Mahoning | 1.501056 | 40740 | |||
| Seneca East Local SD | Seneca | 1.233540 | 40741 | |||
| Shadyside Local SD | Belmont | 1.206383 | 40742 | |||
| Shaker Heights City SD | Cuyahoga | 0.930871 | 40743 | |||
| Shawnee Local SD | Allen | 1.008274 | 40744 | |||
| Sheffield-Sheffield Lake City SD | Lorain | 1.122898 | 40745 | |||
| Shelby City SD | Richland | 1.248437 | 40746 | |||
| Sidney City SD | Shelby | 1.240389 | 40747 | |||
| Solon City SD | Cuyahoga | 0.895529 | 40748 | |||
| South Central Local SD | Huron | 1.497606 | 40749 | |||
| South Euclid-Lyndhurst City SD | Cuyahoga | 1.002369 | 40750 | |||
| South Point Local SD | Lawrence | 1.517360 | 40751 | |||
| South Range Local SD | Mahoning | 1.076772 | 40752 | |||
| Southeast Local SD | Portage | 1.237090 | 40753 | |||
| Southeast Local SD | Wayne | 1.180842 | 40754 | |||
| Southeastern Local SD | Clark | 1.160870 | 40755 | |||
| Southeastern Local SD | Ross | 1.513790 | 40756 | |||
| Southern Local SD | Columbiana | 1.537098 | 40757 | |||
| Southern Local SD | Meigs | 1.547346 | 40758 | |||
| Southern Local SD | Perry | 1.600707 | 40759 | |||
| Southington Local SD | Trumbull | 1.160291 | 40760 | |||
| Southwest Licking Local SD | Licking | 1.065949 | 40761 | |||
| Southwest Local SD | Hamilton | 1.093489 | 40762 | |||
| South-Western City SD | Franklin | 1.265187 | 40763 | |||
| Spencerville Local SD | Allen | 1.301749 | 40764 | |||
| Springboro Community City SD | Warren | 0.960788 | 40765 | |||
| Springfield City SD | Clark | 1.552526 | 40766 | |||
| Springfield Local SD | Lucas | 1.056764 | 40767 | |||
| Springfield Local SD | Mahoning | 1.192990 | 40768 | |||
| Springfield Local SD | Summit | 1.196328 | 40769 | |||
| St Bernard-Elmwood Place City SD | Hamilton | 1.248092 | 40770 | |||
| St Clairsville-Richland City SD | Belmont | 1.150841 | 40771 | |||
| St Henry Consolidated Local SD | Mercer | 1.382949 | 40772 | |||
| St Marys City SD | Auglaize | 1.150444 | 40773 | |||
| Steubenville City SD | Jefferson | 1.365647 | 40774 | |||
| Stow-Munroe Falls City SD | Summit | 0.974464 | 40775 | |||
| Strasburg-Franklin Local SD | Tuscarawas | 1.147256 | 40776 | |||
| Streetsboro City SD | Portage | 1.023340 | 40777 | |||
| Strongsville City SD | Cuyahoga | 0.942379 | 40778 | |||
| Struthers City SD | Mahoning | 1.530919 | 40779 | |||
| Stryker Local SD | Williams | 1.237584 | 40780 | |||
| Sugarcreek Local SD | Greene | 0.946787 | 40781 | |||
| Swanton Local SD | Fulton | 1.077057 | 40782 | |||
| Switzerland Of Ohio Local SD | Monroe | 1.363501 | 40783 | |||
| Sycamore Community City SD | Hamilton | 0.805157 | 40784 | |||
| Sylvania City SD | Lucas | 0.919772 | 40785 | |||
| Symmes Valley Local SD | Lawrence | 1.554601 | 40786 | |||
| Talawanda City SD | Butler | 1.090290 | 40787 | |||
| Tallmadge City SD | Summit | 1.039240 | 40788 | |||
| Teays Valley Local SD | Pickaway | 1.231537 | 40789 | |||
| Tecumseh Local SD | Clark | 1.318724 | 40790 | |||
| Three Rivers Local SD | Hamilton | 0.992195 | 40791 | |||
| Tiffin City SD | Seneca | 1.200469 | 40792 | |||
| Tipp City Ex Vill SD | Miami | 1.056646 | 40793 | |||
| Toledo City SD | Lucas | 1.362225 | 40794 | |||
| Toronto City SD | Jefferson | 1.279649 | 40795 | |||
| Triad Local SD | Champaign | 1.247663 | 40796 | |||
| Tri-County North Local SD | Preble | 1.220510 | 40797 | |||
| Trimble Local SD | Athens | 1.608740 | 40798 | |||
| Tri-Valley Local SD | Muskingum | 1.302648 | 40799 | |||
| Tri-Village Local SD | Darke | 1.253812 | 40800 | |||
| Triway Local SD | Wayne | 1.201400 | 40801 | |||
| Trotwood-Madison City SD | Montgomery | 1.536714 | 40802 | |||
| Troy City SD | Miami | 1.128451 | 40803 | |||
| Tuscarawas Valley Local SD | Tuscarawas | 1.133251 | 40804 | |||
| Tuslaw Local SD | Stark | 1.149109 | 40805 | |||
| Twin Valley Community Local SD | Preble | 1.226702 | 40806 | |||
| Twinsburg City SD | Summit | 0.954737 | 40807 | |||
| Union Local SD | Belmont | 1.472803 | 40808 | |||
| Union Scioto Local SD | Ross | 1.459022 | 40809 | |||
| United Local SD | Columbiana | 1.456646 | 40810 | |||
| Upper Arlington City SD | Franklin | 0.763445 | 40811 | |||
| Upper Sandusky Ex Vill SD | Wyandot | 1.211886 | 40812 | |||
| Upper Scioto Valley Local SD | Hardin | 1.481493 | 40813 | |||
| Urbana City SD | Champaign | 1.245402 | 40814 | |||
| Valley Local SD | Scioto | 1.556395 | 40815 | |||
| Valley View Local SD | Montgomery | 1.134885 | 40816 | |||
| Van Buren Local SD | Hancock | 0.986475 | 40817 | |||
| Van Wert City SD | Van Wert | 1.302853 | 40818 | |||
| Vandalia-Butler City SD | Montgomery | 0.982917 | 40819 | |||
| Vanlue Local SD | Hancock | 1.225490 | 40820 | |||
| Vermilion Local SD | Erie | 1.101326 | 40821 | |||
| Versailles Ex Vill SD | Darke | 1.234253 | 40822 | |||
| Vinton County Local SD | Vinton | 1.581898 | 40823 | |||
| Wadsworth City SD | Medina | 1.221864 | 40824 | |||
| Walnut Township Local SD | Fairfield | 1.169550 | 40825 | |||
| Wapakoneta City SD | Auglaize | 1.218209 | 40826 | |||
| Warren City SD | Trumbull | 1.557959 | 40827 | |||
| Warren Local SD | Washington | 1.298018 | 40828 | |||
| Warrensville Heights City SD | Cuyahoga | 1.261012 | 40829 | |||
| Washington Court House City SD | Fayette | 1.333465 | 40830 | |||
| Washington Local SD | Lucas | 1.172637 | 40831 | |||
| Washington-Nile Local SD | Scioto | 1.547444 | 40832 | |||
| Waterloo Local SD | Portage | 1.150614 | 40833 | |||
| Wauseon Ex Vill SD | Fulton | 1.299620 | 40834 | |||
| Waverly City SD | Pike | 1.469624 | 40835 | |||
| Wayne Local SD | Warren | 1.056943 | 40836 | |||
| Wayne Trace Local SD | Paulding | 1.323577 | 40837 | |||
| Waynesfield-Goshen Local SD | Auglaize | 1.402136 | 40838 | |||
| Weathersfield Local SD | Trumbull | 1.207306 | 40839 | |||
| Wellington Ex Vill SD | Lorain | 1.219534 | 40840 | |||
| Wellston City SD | Jackson | 1.550848 | 40841 | |||
| Wellsville Local SD | Columbiana | 1.568998 | 40842 | |||
| West Branch Local SD | Mahoning | 1.297805 | 40843 | |||
| West Carrollton City SD | Montgomery | 1.220862 | 40844 | |||
| West Clermont Local SD | Clermont | 1.059095 | 40845 | |||
| West Geauga Local SD | Geauga | 0.858500 | 40846 | |||
| West Holmes Local SD | Holmes | 1.243758 | 40847 | |||
| West Liberty-Salem Local SD | Champaign | 1.221358 | 40848 | |||
| West Muskingum Local SD | Muskingum | 1.138872 | 40849 | |||
| Western Brown Local SD | Brown | 1.508565 | 40850 | |||
| Western Local SD | Pike | 1.616394 | 40851 | |||
| Western Reserve Local SD | Huron | 1.309909 | 40852 | |||
| Western Reserve Local SD | Mahoning | 1.091041 | 40853 | |||
| Westerville City SD | Franklin | 0.963748 | 40854 | |||
| Westfall Local SD | Pickaway | 1.311966 | 40855 | |||
| Westlake City SD | Cuyahoga | 0.820277 | 40856 | |||
| Wheelersburg Local SD | Scioto | 1.305562 | 40857 | |||
| Whitehall City SD | Franklin | 1.402068 | 40858 | |||
| Wickliffe City SD | Lake | 0.994269 | 40859 | |||
| Willard City SD | Huron | 1.358778 | 40860 | |||
| Williamsburg Local SD | Clermont | 1.225041 | 40861 | |||
| Willoughby-Eastlake City SD | Lake | 1.069333 | 40862 | |||
| Wilmington City SD | Clinton | 1.169459 | 40863 | |||
| Windham Ex Vill SD | Portage | 1.584385 | 40864 | |||
| Winton Woods City SD | Hamilton | 1.120204 | 40865 | |||
| Wolf Creek Local SD | Washington | 1.158506 | 40866 | |||
| Woodmore Local SD | Sandusky | 1.082991 | 40867 | |||
| Woodridge Local SD | Summit | 0.956249 | 40868 | |||
| Wooster City SD | Wayne | 1.128544 | 40869 | |||
| Worthington City SD | Franklin | 0.896897 | 40870 | |||
| Wynford Local SD | Crawford | 1.300946 | 40871 | |||
| Wyoming City SD | Hamilton | 0.871194 | 40872 | |||
| Xenia Community City SD | Greene | 1.223093 | 40873 | |||
| Yellow Springs Ex Vill SD | Greene | 0.955678 | 40874 | |||
| Youngstown City SD | Mahoning | 1.634946 | 40875 | |||
| Zane Trace Local SD | Ross | 1.222296 | 40876 | |||
| Zanesville City SD | Muskingum | 1.389095 | 40877 |
| Sec. 3306.052. Each city, local, and exempted village school | 40879 |
| district shall receive funding for career-technical education | 40880 |
| teachers and career-technical education program operations for | 40881 |
| fiscal years 2010 and 2011 as follows: | 40882 |
| (A) For fiscal year 2010, each district shall receive an | 40883 |
| amount equal to the amount the district received for fiscal year | 40884 |
| 2009 under division (E) of section 3317.022 of the Revised Code, | 40885 |
| as that section existed for that fiscal year, less any amounts | 40886 |
| attributable to community school students and net of any additions | 40887 |
| or deductions attributable to open enrollment students, times | 40888 |
| 1.019. | 40889 |
| (B) For fiscal year 2011, each district shall receive an | 40890 |
| amount equal to the amount the district received for fiscal year | 40891 |
| 2010 under division (A) of this section times 1.019. | 40892 |
| Sec. 3306.06. (A) The additional services support component | 40893 |
| of the adequacy amount for each city, local, and exempted village | 40894 |
| school district is the sum of the following: | 40895 |
| (1) The family and community liaison factor; | 40896 |
| (2) The counselor factor; | 40897 |
| (3) The summer remediation factor; | 40898 |
| (4) The school nurse wellness coordinator factor; | 40899 |
| (5) The district health professional factor. | 40900 |
| (B)(1) The family and community liaison factor shall be | 40901 |
| calculated by multiplying the school district's formula ADM times | 40902 |
| its targeted poverty indicator and dividing the product by | 40903 |
| seventy-five, and then multiplying the quotient by the product of | 40904 |
| the applicable Ohio educational challenge factor times $38,633, | 40905 |
| in fiscal year 2010, and times $39,381, in fiscal year 2011. | 40906 |
| (2) The counselor factor shall be calculated by dividing the | 40907 |
| district's formula ADM for grades six to twelve by two hundred | 40908 |
| fifty, and then multiplying the quotient by a dollar amount for | 40909 |
| each fiscal year established by law. No counselor factor shall | 40910 |
| be calculated and paid for fiscal years 2010 and 2011. | 40911 |
| (3) The summer remediation program factor shall be calculated | 40912 |
| by multiplying the district's formula ADM times its targeted | 40913 |
| poverty indicator times fifty per cent, which represents the | 40914 |
| anticipated participation rate, dividing that product by thirty, | 40915 |
| which is the assumed student-to-teacher ratio for summer | 40916 |
| remediation, and multiplying that quotient by the product of | 40917 |
| $3,000 times the applicable Ohio educational challenge factor. | 40918 |
| (4) The school nurse wellness coordinator factor shall be | 40919 |
| calculated by multiplying the number of the district's | 40920 |
| organizational units times a dollar amount for each fiscal year | 40921 |
| established by law, except that in a small school district, the | 40922 |
| school nurse wellness coordinator factor shall be zero. No school | 40923 |
| nurse wellness coordinator factor shall be calculated and paid for | 40924 |
| fiscal years 2010 and 2011. | 40925 |
| (5) The district health professional factor for each district | 40926 |
| equals a dollar amount specified by law for each fiscal year. No | 40927 |
| district health professional factor shall be calculated and paid | 40928 |
| for fiscal years 2010 and 2011. | 40929 |
| (C) In adopting expenditure and reporting standards under | 40930 |
| section 3306.25 of the Revised Code, the superintendent of public | 40931 |
| instruction shall include standards that encourage school | 40932 |
| districts to give preference to employing or obtaining the | 40933 |
| services of licensed school nurses with funds received for the | 40934 |
| school nurse wellness coordinator factor and the district health | 40935 |
| professional factor. | 40936 |
| (D) Each school district shall account separately for | 40937 |
| expenditures of the amounts received for additional services | 40938 |
| support under this section and report that information to the | 40939 |
| department of education. | 40940 |
| Sec. 3306.07. (A) The administrative services support | 40941 |
| component of the adequacy amount for each city, local, and | 40942 |
| exempted village school district is the sum of the following: | 40943 |
| (1) The district administration factor; | 40944 |
| (2) The principal factor; | 40945 |
| (3) The administrative support personnel factor; | 40946 |
| (B)(1) The district administration factor equals $187,176 in | 40947 |
| fiscal year 2010 and $190,801 in fiscal year 2011. | 40948 |
| (2) The principal factor shall be calculated by multiplying | 40949 |
| the number of the district's organizational units times $89,563 in | 40950 |
| fiscal year 2010 and $91,297 in fiscal year 2011. However, each | 40951 |
| type 1 or type 2 school district shall receive for a principal | 40952 |
| factor an amount not less than the applicable dollar amount | 40953 |
| specified in this paragraph times the number of school buildings | 40954 |
| in the district for which the department of education issued a | 40955 |
| report card under section 3302.03 of the Revised Code for the | 40956 |
| prior school year. As used in this division, "type 1 school | 40957 |
| district" means a school district characterized as a type 1 | 40958 |
| (rural/agricultural, high poverty, low median income) district, | 40959 |
| and "type 2 school district" means a school district characterized | 40960 |
| as a type 2 (rural/agricultural, small student population, low | 40961 |
| poverty, low to moderate median income), in the typology of | 40962 |
| districts published by the department in July 2007. | 40963 |
| (3) The administrative support personnel factor is funding | 40964 |
| determined for building managers, secretaries, and | 40965 |
| noninstructional aides. | 40966 |
| (a) The funding for building managers shall be calculated by | 40967 |
| multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year | 40968 |
| 2011 times the number of the district's organizational units. | 40969 |
| (b) The funding for secretaries shall be calculated by | 40970 |
| multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year | 40971 |
| 2011 times the number of the district's organizational units, | 40972 |
| where two additional secretaries shall be funded for each high | 40973 |
| school organizational unit. | 40974 |
| (c) The funding for noninstructional aides shall be a | 40975 |
| dollar amount set by law for each fiscal year times the number of | 40976 |
| the district's organizational units, where the organizational | 40977 |
| units are multiplied by two in the case of elementary school and | 40978 |
| middle school organizational units and by three in case of high | 40979 |
| school organizational units. | 40980 |
| However, each small school district shall receive funding for | 40981 |
| one building manager, one secretary, and one noninstructional | 40982 |
| aide. Every other city, local, and exempted village school | 40983 |
| district shall receive funding for at least one building manager, | 40984 |
| one secretary, and one noninstructional aide. | 40985 |
| No funding shall be calculated and paid for noninstructional | 40986 |
| aides for fiscal years 2010 and 2011. | 40987 |
| (C) Each school district shall account separately for the | 40988 |
| amounts received for administrative services support under this | 40989 |
| section and report that information to the department of | 40990 |
| education. | 40991 |
| Sec. 3306.08. (A) The operations and maintenance support | 40992 |
| component of the adequacy amount for each city, local, and | 40993 |
| exempted village school district shall be calculated by | 40994 |
| multiplying the district's formula ADM times $884. | 40995 |
| (B) The operations and maintenance support for each city, | 40996 |
| local, and exempted village school district shall be adjusted by | 40997 |
| multiplying the calculated amount by 0.45 in fiscal years 2010 | 40998 |
| and 2011, and by 0.75 in fiscal years 2012 and 2013. | 40999 |
| (C) Each school district shall account separately for | 41000 |
| expenditures of the amounts received for operations and | 41001 |
| maintenance support under this section and report that information | 41002 |
| to the department of education. | 41003 |
| Sec. 3306.09. (A) The gifted education support component of | 41004 |
| the adequacy amount for each city, local, and exempted village | 41005 |
| school district is the sum of the following: | 41006 |
| (1) The gifted identification factor; | 41007 |
| (2) The gifted coordinator factor; | 41008 |
| (3) The gifted intervention specialist factor; | 41009 |
| (4) The gifted intervention specialist professional | 41010 |
| development factor. | 41011 |
| (B)(1) The gifted identification factor shall be calculated | 41012 |
| by multiplying the district's formula ADM times $5. | 41013 |
| (2) The gifted coordinator factor shall be calculated by | 41014 |
| multiplying $66,375 in fiscal year 2010 and $67,660 in fiscal year | 41015 |
| 2011 times the quotient of the district's formula ADM divided by | 41016 |
| two thousand five hundred. | 41017 |
| (3) The gifted intervention specialist factor shall be | 41018 |
| calculated by multiplying the number of the district's | 41019 |
| organizational units times the Ohio educational challenge factor | 41020 |
| specified for the district in section 3306.051 of the Revised Code | 41021 |
| times the statewide base teacher salary specified in section | 41022 |
| 3306.05 of the Revised Code. | 41023 |
| (4) The gifted intervention specialist professional | 41024 |
| development factor shall be calculated by multiplying the number | 41025 |
| of the district's organizational units times the | 41026 |
| per-teaching-position dollar amount specified for the professional | 41027 |
| development factor in division (A)(7) of section 3306.03 of the | 41028 |
| Revised Code. | 41029 |
| (C) The gifted intervention specialist factor and the gifted | 41030 |
| intervention specialist professional development factor for each | 41031 |
| city, local, and exempted village school district, shall be | 41032 |
| adjusted by multiplying the calculated amount by 0.20 in fiscal | 41033 |
| year 2010, by 0.30 in fiscal year 2011, by 0.40 in fiscal years | 41034 |
| 2012 and 2013, by 0.60 in fiscal years 2014 and 2015, and by 0.80 | 41035 |
| in fiscal years 2016 and 2017. | 41036 |
| (D) A school district that does not submit an annual report | 41037 |
| under section 3324.05 of the Revised Code, or that reports zero | 41038 |
| students identified as gifted, shall receive zero funding for the | 41039 |
| gifted coordinator factor, the gifted intervention specialist | 41040 |
| factor, and the gifted intervention specialist professional | 41041 |
| development factor. | 41042 |
| (E) Each school district shall expend the funds calculated | 41043 |
| under the gifted education support component in accordance with | 41044 |
| rules adopted under section 3306.25 of the Revised Code. Those | 41045 |
| rules shall require that such funds be spent only for the | 41046 |
| employment of staff to serve students identified as gifted, in | 41047 |
| accordance with Chapter 3324. of the Revised Code, or for other | 41048 |
| services to such students. The rules shall be aligned with the | 41049 |
| operating standards for identifying and serving gifted students | 41050 |
| prescribed in rules adopted by the state board of education. | 41051 |
| Notwithstanding anything to the contrary in section 3306.25 of the | 41052 |
| Revised Code, the rules regarding the expenditure and reporting of | 41053 |
| funds for the gifted education support component adopted under | 41054 |
| that section shall take effect July 1, 2011. | 41055 |
| Subject to approval by the department of education, a school | 41056 |
| district may use up to fifteen per cent of the portion of the | 41057 |
| gifted intervention specialist factor attributable to the grade | 41058 |
| six through twelve formula ADM to support access to services | 41059 |
| provided by the district that are not services described in | 41060 |
| Chapter 3324. of the Revised Code but are specified in gifted | 41061 |
| students' written education plans prepared in accordance with the | 41062 |
| state board's operating standards for identifying and serving | 41063 |
| gifted students. | 41064 |
| (F) Each school district shall account separately for | 41065 |
| expenditures of the amounts received for gifted identification, | 41066 |
| gifted coordinators, gifted intervention specialists, and gifted | 41067 |
| intervention specialist professional development under this | 41068 |
| section and report that information to the department of | 41069 |
| education. | 41070 |
| (G)(1) Each city, local, and exempted village school district | 41071 |
| that received for fiscal year 2009 unit funding for gifted student | 41072 |
| services under division (L) of section 3317.024 and division (E) | 41073 |
| of section 3317.05 of the Revised Code, as those sections existed | 41074 |
| for that fiscal year, shall spend in each fiscal year thereafter | 41075 |
| for services to identified gifted students from the funds received | 41076 |
| under this chapter an amount not less than the aggregate amount | 41077 |
| received for such gifted unit funding for fiscal year 2009. | 41078 |
| (2) Each city, local, and exempted village school district | 41079 |
| that, in fiscal year 2009, received gifted student services from | 41080 |
| an educational service center, which service center received for | 41081 |
| fiscal year 2009 unit funding for gifted student services, shall | 41082 |
| in each fiscal year thereafter do either of the following: | 41083 |
| (a) Obtain gifted student services from an educational | 41084 |
| service center that are comparable to the gifted student services | 41085 |
| provided to the district with gifted unit funding in fiscal year | 41086 |
| 2009 by an educational service center; | 41087 |
| (b) Spend for services to identified gifted students from the | 41088 |
| funds received under this chapter an amount not less than the | 41089 |
| amount of gifted unit funding expended by an educational service | 41090 |
| center in fiscal year 2009 for the district's students. | 41091 |
| (3) No district to which division (G)(1) or (2) of this | 41092 |
| section applies shall apply for or receive a waiver under section | 41093 |
| 3306.40 of the Revised Code from the spending requirements | 41094 |
| prescribed in those divisions or under division (E) of this | 41095 |
| section. | 41096 |
| (4) Each educational service center that received for fiscal | 41097 |
| year 2009 unit funding for gifted student services shall spend | 41098 |
| from its state funds in each fiscal year thereafter for services | 41099 |
| to identified gifted students an amount not less than the | 41100 |
| aggregate amount received for gifted unit funding for fiscal year | 41101 |
| 2009. No educational service center to which division (G)(4) of | 41102 |
| this section shall receive any waiver of this requirement. | 41103 |
| (H) A city, local, or exempted village school district that | 41104 |
| did not receive for fiscal year 2009 unit funding for gifted | 41105 |
| student services under division (L) of section 3317.024 and | 41106 |
| division (E) of section 3317.05 of the Revised Code, as those | 41107 |
| sections existed for that fiscal year, may apply for a waiver | 41108 |
| under section 3306.40 of the Revised Code from any expenditure | 41109 |
| requirements prescribed under division (E) of this section. | 41110 |
| Notwithstanding anything to the contrary in section 3306.40 of | 41111 |
| the Revised Code, the first waiver granted to a district pursuant | 41112 |
| to this division shall not be effective for longer than two | 41113 |
| years, and any subsequent renewal of that waiver shall not be | 41114 |
| effective for longer than one year. | 41115 |
| Sec. 3306.091. (A) The enrichment support component of the | 41116 |
| adequacy amount for each city, local, and exempted village school | 41117 |
| district shall be calculated by multiplying the district's formula | 41118 |
| ADM times $100 times the Ohio educational challenge factor. | 41119 |
| (B) The enrichment support for each city, local, and exempted | 41120 |
| village school district shall be adjusted by multiplying the | 41121 |
| calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal | 41122 |
| year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in | 41123 |
| fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and | 41124 |
| 2017. | 41125 |
| (C) The enrichment support component shall be used for | 41126 |
| purposes other than services for students identified as gifted | 41127 |
| delivered in accordance with Chapter 3324. of the Revised Code. A | 41128 |
| district may spend the enrichment support component to pay for | 41129 |
| enrichment activities that may encourage the intellectual and | 41130 |
| creative pursuits of all students, including the fine arts. | 41131 |
| (D) Each school district shall account separately for | 41132 |
| expenditures of the amounts received for enrichment support under | 41133 |
| this section and report that information to the department of | 41134 |
| education. | 41135 |
| Sec. 3306.10. (A) The technology resources support component | 41136 |
| of the adequacy amount for each city, local, and exempted village | 41137 |
| school district is the sum of the following: | 41138 |
| (1) The licensed librarian and media specialist factor; | 41139 |
| (2) The technical equipment factor. | 41140 |
| (B)(1) The licensed librarian and media specialist factor | 41141 |
| shall be calculated by multiplying the number of the district's | 41142 |
| organizational units times $60,000. | 41143 |
| (2) The technical equipment factor shall be calculated by | 41144 |
| multiplying the district's formula ADM times $250. | 41145 |
| (C) The licensed librarian and media specialist factor and | 41146 |
| the technical equipment factor for each city, local, and exempted | 41147 |
| village school district shall be adjusted by multiplying the | 41148 |
| calculated amounts by 0.20 in fiscal year 2010, by 0.30 in fiscal | 41149 |
| year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in | 41150 |
| fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and | 41151 |
| 2017. | 41152 |
| (D) Each school district shall account separately for the | 41153 |
| amounts received for technology resources support under this | 41154 |
| section and report that information to the department of | 41155 |
| education. | 41156 |
| Sec. 3306.11. (A) For the purpose of calculating a school | 41157 |
| district's instructional services support under section 3306.05 of | 41158 |
| the Revised Code, the number of special education teacher | 41159 |
| positions used in calculating the special education teacher | 41160 |
| factor, and the number of special education teacher's aide | 41161 |
| positions used in calculating the special education teacher's aide | 41162 |
| factor shall be calculated as set forth in this section. | 41163 |
| (B)(1) The number of special education teacher positions | 41164 |
| shall be calculated by multiplying the sum of the weighted number | 41165 |
| of children with disabilities calculated under division (C) of | 41166 |
| this section times nine-tenths, and then dividing that product by | 41167 |
| twenty. | 41168 |
| (2) The number of special education teacher's aide positions | 41169 |
| shall be calculated by dividing the number of special education | 41170 |
| teacher positions calculated under division (B)(1) of this section | 41171 |
| by two, and multiplying that quotient by 0.50 in fiscal years | 41172 |
| 2010 and 2011. | 41173 |
| (C) The weighted number of children with disabilities for a | 41174 |
| school district is the sum of: | 41175 |
| (1) 0.2906 times the district's category one special | 41176 |
| education ADM; | 41177 |
| (2) 0.7374 times the district's category two special | 41178 |
| education ADM; | 41179 |
| (3) 1.7716 times the district's category three special | 41180 |
| education ADM; | 41181 |
| (4) 2.3643 times the district's category four special | 41182 |
| education ADM; | 41183 |
| (5) 3.2022 times the district's category five special | 41184 |
| education ADM; | 41185 |
| (6) 4.7205 times the district's category six special | 41186 |
| education ADM. | 41187 |
| (D) Each school district shall account separately for | 41188 |
| expenditures of the amounts received for resources for children | 41189 |
| with disabilities under this section and section 3306.05 of the | 41190 |
| Revised Code and report that information to the department of | 41191 |
| education. Those amounts may be used to pay for providers of | 41192 |
| related services, as defined in section 3323.01 of the Revised | 41193 |
| Code, for children with disabilities. | 41194 |
| Sec. 3306.12. (A) As used in this section: | 41195 |
| (1) "Assigned bus" means a school bus used to transport | 41196 |
| qualifying riders. | 41197 |
| (2) "Nontraditional ridership" means the average number of | 41198 |
| qualifying riders who are enrolled in a community school | 41199 |
| established under Chapter 3314. of the Revised Code, in a STEM | 41200 |
| school established under Chapter 3326. of the Revised Code, or in | 41201 |
| a nonpublic school and are provided school bus service by a school | 41202 |
| district during the first full week of October. | 41203 |
| (3) "Qualifying riders" means resident students enrolled in | 41204 |
| regular education in grades kindergarten to twelve who are | 41205 |
| provided school bus service by a school district and who live | 41206 |
| more than one mile from the school they attend, including | 41207 |
| students with dual enrollment in a joint vocational school | 41208 |
| district or a cooperative education school district, and students | 41209 |
| enrolled in a community school, STEM school, or nonpublic school. | 41210 |
| (4) "Qualifying ridership" means the average number of | 41211 |
| qualifying riders who are provided school bus service by a school | 41212 |
| district during the first full week of October. | 41213 |
| (5) "Rider density" means the number of qualifying riders per | 41214 |
| square mile of a school district. | 41215 |
| (6) "School bus service" means a school district's | 41216 |
| transportation of qualifying riders in any of the following types | 41217 |
| of vehicles: | 41218 |
| (a) School buses owned or leased by the district; | 41219 |
| (b) School buses operated by a private contractor hired by | 41220 |
| the district; | 41221 |
| (c) School buses operated by another school district or | 41222 |
| entity with which the district has contracted, either as part of a | 41223 |
| consortium for the provision of transportation or otherwise. | 41224 |
| (B) Not later than the fifteenth day of October each year, | 41225 |
| each city, local, and exempted village school district shall | 41226 |
| report to the department of education its qualifying ridership, | 41227 |
| nontraditional ridership, number of qualifying riders per | 41228 |
| assigned bus, and any other information requested by the | 41229 |
| department. Subsequent adjustments to the reported numbers shall | 41230 |
| be made only in accordance with rules adopted by the department. | 41231 |
| (C) The department shall calculate the statewide | 41232 |
| transportation cost per student as follows: | 41233 |
| (1) Determine each city, local, and exempted village school | 41234 |
| district's transportation cost per student by dividing the | 41235 |
| district's total costs for school bus service in the previous | 41236 |
| fiscal year by its qualifying ridership in the previous fiscal | 41237 |
| year. | 41238 |
| (2) After excluding districts that do not provide school bus | 41239 |
| service and the ten districts with the highest transportation | 41240 |
| costs per student and the ten districts with the lowest | 41241 |
| transportation costs per student, divide the aggregate cost for | 41242 |
| school bus service for the remaining districts in the previous | 41243 |
| fiscal year by the aggregate qualifying ridership of those | 41244 |
| districts in the previous fiscal year. | 41245 |
| (D) The department shall calculate the statewide | 41246 |
| transportation cost per mile as follows: | 41247 |
| (1) Determine each city, local, and exempted village school | 41248 |
| district's transportation cost per mile by dividing the | 41249 |
| district's total costs for school bus service in the previous | 41250 |
| fiscal year by its total number of miles driven for school bus | 41251 |
| service in the previous fiscal year. | 41252 |
| (2) After excluding districts that do not provide school bus | 41253 |
| service and the ten districts with the highest transportation | 41254 |
| costs per mile and the ten districts with the lowest | 41255 |
| transportation costs per mile, divide the aggregate cost for | 41256 |
| school bus service for the remaining districts in the previous | 41257 |
| fiscal year by the aggregate miles driven for school bus service | 41258 |
| in those districts in the previous fiscal year. | 41259 |
| (E) The department shall calculate each city, local, and | 41260 |
| exempted village school district's transportation base payment as | 41261 |
| follows: | 41262 |
| (1) Multiply the statewide transportation cost per student by | 41263 |
| the district's qualifying ridership for the current fiscal year. | 41264 |
| (2) Multiply the statewide transportation cost per mile by | 41265 |
| the district's total number of miles driven for school bus service | 41266 |
| in the current fiscal year. | 41267 |
| (3) Multiply the greater of the amounts calculated under | 41268 |
| divisions (E)(1) and (2) of this section by the greater of sixty | 41269 |
| per cent or the district's state share percentage. | 41270 |
| (F) The department shall calculate each city, local, and | 41271 |
| exempted village school district's nontraditional ridership | 41272 |
| adjustment according to the following formula: | 41273 |
| 41274 | |
| 41275 | |
| 41276 | |
| (G) If a city, local, and exempted village school district | 41277 |
| offers school bus service to all resident students who are | 41278 |
| enrolled in regular education in district schools in grades nine | 41279 |
| to twelve and who live more than one mile from the school they | 41280 |
| attend, the department shall calculate the district's high school | 41281 |
| ridership adjustment according to the following formula: | 41282 |
| 41283 | |
| (H) If a city, local, and exempted village school district | 41284 |
| offers school bus service to students enrolled in grades | 41285 |
| kindergarten to eight who live more than one mile, but two miles | 41286 |
| or less, from the school they attend, the department shall | 41287 |
| calculate an additional adjustment according to the following | 41288 |
| formula: | 41289 |
| 41290 | |
| (I)(1) The department annually shall establish a target | 41291 |
| number of qualifying riders per assigned bus for each city, local, | 41292 |
| and exempted village school district. The department shall use | 41293 |
| the most recently available data in establishing the target | 41294 |
| number. The target number shall be based on the statewide median | 41295 |
| number of qualifying riders per assigned bus as adjusted to | 41296 |
| reflect the district's rider density in comparison to the rider | 41297 |
| density of all other districts. The department shall post on the | 41298 |
| department's web site each district's target number of qualifying | 41299 |
| riders per assigned bus and a description of how the target | 41300 |
| number was determined. | 41301 |
| (2) The department shall determine each school district's | 41302 |
| efficiency index by dividing the district's median number of | 41303 |
| qualifying riders per assigned bus by its target number of | 41304 |
| qualifying riders per assigned bus. | 41305 |
| (3) The department shall determine each city, local, and | 41306 |
| exempted village school district's efficiency adjustment as | 41307 |
| follows: | 41308 |
| (a) If the district's efficiency index is equal to or greater | 41309 |
| than 1.5, the efficiency adjustment shall be calculated according | 41310 |
| to the following formula: | 41311 |
| 41312 | |
| (b) If the district's efficiency index is less than 1.5 but | 41313 |
| equal to or greater than 1.0, the efficiency adjustment shall be | 41314 |
| calculated according to the following formula: | 41315 |
| 41316 | |
| (c) If the district's efficiency index is less than 1.0, the | 41317 |
| efficiency adjustment shall be zero. | 41318 |
| (J) The department shall pay each city, local, and exempted | 41319 |
| village school district the lesser of the following: | 41320 |
| (1) The sum of the amounts calculated under divisions (E) to | 41321 |
| (H) and (I)(3) of this section; | 41322 |
| (2) The district's total costs for school bus service for the | 41323 |
| prior fiscal year. | 41324 |
| (K) In addition to funds paid under division (J) of this | 41325 |
| section, each city, local, and exempted village district shall | 41326 |
| receive in accordance with rules adopted by the state board of | 41327 |
| education a payment for students transported by means other than | 41328 |
| school bus service and whose transportation is not funded under | 41329 |
| division (G) of section 3317.024 of the Revised Code. The rules | 41330 |
| shall include provisions for school district reporting of such | 41331 |
| students. | 41332 |
| (L)(1) In fiscal years 2010 and 2011, the department shall | 41333 |
| pay each district a pro rata portion of the amounts calculated | 41334 |
| under division (J) of this section and described in division (K) | 41335 |
| of this section, based on state appropriations. | 41336 |
| (2) In addition to the prorated payment under division | 41337 |
| (L)(1) of this section, in fiscal years 2010 and 2011, the | 41338 |
| department shall pay each school district that meets the | 41339 |
| conditions prescribed in division (L)(3) of this section an | 41340 |
| additional amount equal to the following product: | 41341 |
| (a) The difference of (i) the amounts calculated under | 41342 |
| division (J) of this section and prescribed in division (K) of | 41343 |
| this section minus (ii) that prorated payment; times | 41344 |
| (b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011. | 41345 |
| (3) Division (L)(2) of this section applies to each school | 41346 |
| district that meets all of the following conditions: | 41347 |
| (a) The district qualifies for the calculation of a payment | 41348 |
| under division (J) of this section because it transports students | 41349 |
| on board-owned or contractor-owned school buses. | 41350 |
| (b) The district's local wealth per pupil, calculated as | 41351 |
| prescribed in section 3317.0217 of the Revised Code, is at or | 41352 |
| below the median local wealth per pupil of all districts that | 41353 |
| qualify for calculation of a payment under division (J) of this | 41354 |
| section. | 41355 |
| (c) The district's rider density is at or below the median | 41356 |
| rider density of all districts that qualify for calculation of a | 41357 |
| payment under division (J) of this section. | 41358 |
| Sec. 3306.13. (A) The department of education shall compute | 41359 |
| and distribute to each city, local, and exempted village school | 41360 |
| district the state share of the adequacy amount for the fiscal | 41361 |
| year by subtracting the district's charge-off amount calculated | 41362 |
| under division (B) of this section from its adequacy amount | 41363 |
| calculated under section 3306.03 of the Revised Code. | 41364 |
| (B)(1) For districts with a class one effective operating tax | 41365 |
| rate that is less than twenty and one-tenth effective mills as of | 41366 |
| the first day of July of the current fiscal year, the charge-off | 41367 |
| amount equals the applicable charge-off rate, prescribed in | 41368 |
| division (C) of this section, times the sum of the district's | 41369 |
| total taxable value plus its property exemption value. | 41370 |
| (2) For districts with a class one effective operating tax | 41371 |
| rate that is greater than or equal to twenty and one-tenth class | 41372 |
| one effective mills as of the first day of July of the current | 41373 |
| fiscal year, the charge-off amount equals the applicable | 41374 |
| charge-off rate, prescribed in division (C) of this section, | 41375 |
| times the sum of the district's recognized valuation plus its | 41376 |
| property exemption value. | 41377 |
| If the difference obtained from the calculation is a negative | 41378 |
| number, the state share shall be zero. | 41379 |
| (3)(a) For each school district for which the tax exempt | 41380 |
| value of the district equals or exceeds twenty-five per cent of | 41381 |
| the potential value of the district, the department shall | 41382 |
| calculate the difference between the district's tax exempt value | 41383 |
| and twenty-five per cent of the district's potential value. | 41384 |
| (b) For each school district to which division (B)(3)(a) of | 41385 |
| this section applies, the department shall adjust the total | 41386 |
| taxable value used in the calculation under division (B)(1) of | 41387 |
| this section or the recognized valuation used in the calculation | 41388 |
| under division (B)(2) of this section by subtracting from it the | 41389 |
| amount calculated under division (B)(3)(a) of this section. | 41390 |
| (C) The charge-off rate shall be as follows: | 41391 |
| (1) In fiscal years 2010 and 2011, 0.022; | 41392 |
| (2) In fiscal years 2012 and 2013, 0.021; | 41393 |
| (3) In fiscal year 2014 and in each fiscal year thereafter, | 41394 |
| 0.020. | 41395 |
| (D) The department shall use the information obtained under | 41396 |
| section 3317.021 of the Revised Code during the calendar year in | 41397 |
| which the fiscal year begins to calculate the district state | 41398 |
| shares under this section. | 41399 |
| Sec. 3306.14. (A) The partnership for continued learning | 41400 |
| shall establish a career-technical education funding committee. | 41401 |
| The committee shall study the extent to which current funding for | 41402 |
| joint vocational school districts and compact and comprehensive | 41403 |
| career-technical schools is responsive to state, regional, and | 41404 |
| local business and industry needs. The committee shall consist of | 41405 |
| the following: | 41406 |
| (1) One or more representatives of the partnership, selected | 41407 |
| by the members of the partnership; | 41408 |
| (2) One or more business leaders, selected by the | 41409 |
| superintendent of public instruction; | 41410 |
| (3) At least three representatives of joint vocational school | 41411 |
| districts, selected by the superintendent of public instruction; | 41412 |
| (4) At least three representatives of compact | 41413 |
| career-technical schools selected by the superintendent of public | 41414 |
| instruction; | 41415 |
| (5) At least three representatives of comprehensive | 41416 |
| career-technical schools selected by the superintendent of public | 41417 |
| instruction; | 41418 |
| (6) One member of a school district board of education | 41419 |
| selected by the governor. | 41420 |
| Any of the members selected under divisions (A)(3) to (5) of | 41421 |
| this section may be members of the partnership. | 41422 |
| The committee shall operate under the direction of the | 41423 |
| superintendent and the chancellor. | 41424 |
| (B) Not later than September 1, 2010, the committee shall | 41425 |
| issue a report to the partnership for continued learning and the | 41426 |
| general assembly containing its findings and recommendations for | 41427 |
| revisions to career-technical education programming and funding. | 41428 |
| After the committee issues the report, the committee shall cease | 41429 |
| to exist. | 41430 |
| (C) The general assembly shall consider the enactment of laws | 41431 |
| implementing the recommendations of the committee not later than | 41432 |
| July 1, 2011. | 41433 |
| (D) The department of education shall continue to evaluate | 41434 |
| the efficacy of the career-technical education system and its | 41435 |
| programmatic offerings. | 41436 |
| Sec. 3306.15. (A) In fiscal years 2010 and 2011, each | 41437 |
| educational service center shall undergo a performance review | 41438 |
| under sections 3306.32 and 3306.321 of the Revised Code. | 41439 |
| (B) The educational service center study committee is hereby | 41440 |
| established. The committee shall study the extent to which the | 41441 |
| current educational service center system supports school | 41442 |
| districts in academic achievement, teacher quality, shared | 41443 |
| educational services, and the purchasing of services and | 41444 |
| commodities. The committee shall consist of the following members: | 41445 |
| (1) The superintendent of public instruction, the chancellor | 41446 |
| of the Ohio board of regents, the auditor of state or a designee | 41447 |
| of the auditor of state, and the director of budget and management | 41448 |
| or a designee of the director; | 41449 |
| (2) The following members appointed by the governor: | 41450 |
| (a) A representative of educational service centers; | 41451 |
| (b) A superintendent of a city school district; | 41452 |
| (c) A representative of parents or community representatives; | 41453 |
| (d) A representative of the business community; | 41454 |
| (e) A representative of county boards of mental retardation | 41455 |
| and developmental disabilities; | 41456 |
| (f) A member of a school district board of education. | 41457 |
| (3) The following members appointed by the speaker of the | 41458 |
| house of representatives: | 41459 |
| (a) A representative of educational service centers; | 41460 |
| (b) A superintendent of an exempted village school district; | 41461 |
| (c) A representative of school district treasurers or | 41462 |
| business managers; | 41463 |
| (d) A representative of higher education institutions. | 41464 |
| (4) The following members appointed by the president of the | 41465 |
| senate: | 41466 |
| (a) A representative of educational service centers; | 41467 |
| (b) A superintendent of a local school district; | 41468 |
| (c) A representative of higher education institutions; | 41469 |
| (d) A representative of the special education community. | 41470 |
| The committee shall be co-chaired by the superintendent of | 41471 |
| public instruction and the chancellor of the Ohio board of | 41472 |
| regents. The governor, speaker of the house of representatives, | 41473 |
| and president of the senate shall appoint members no later than | 41474 |
| September 1, 2009, and the committee shall hold its first meeting | 41475 |
| no later than October 15, 2009. | 41476 |
| (C) Based on the performance reviews conducted under this | 41477 |
| section, the committee shall make recommendations regarding the | 41478 |
| following: | 41479 |
| (1) A new regional service delivery system; | 41480 |
| (2) Educational service system governance structure; | 41481 |
| (3) Accountability metrics for educational service centers. | 41482 |
| Not later than July 1, 2010, the committee shall issue to the | 41483 |
| governor a status report of its progress. The committee shall | 41484 |
| issue a final report containing its findings and recommendations | 41485 |
| to the governor not later than October 1, 2010, at which time the | 41486 |
| committee shall cease to exist. | 41487 |
| (D) The department of education and the office of budget and | 41488 |
| management shall provide the committee with any information and | 41489 |
| assistance required by the committee to carry out its duties. | 41490 |
| Sec. 3306.16. (A)(1) Except as provided in division (C) of | 41491 |
| this section, the department of education shall calculate and pay | 41492 |
| the adequacy amount for each community school established under | 41493 |
| Chapter 3314. of the Revised Code, other than internet- or | 41494 |
| computer-based community schools, in the manner set forth in | 41495 |
| sections 3306.02 to 3306.11 of the Revised Code, with the | 41496 |
| following exceptions: | 41497 |
| (a) The base teacher salary shall be $51,407 in fiscal year | 41498 |
| 2010 and $52,230 in fiscal year 2011. | 41499 |
| (b) The number of organizational units attributed to each | 41500 |
| community school shall be calculated by dividing the community | 41501 |
| school's ADM by two hundred ninety-one, but no school shall be | 41502 |
| attributed less than one-half of one organizational unit. | 41503 |
| (c) The calculation of instructional services support, the | 41504 |
| family and community liaison factor, the summer remediation | 41505 |
| factor, and enrichment support shall not utilize the Ohio | 41506 |
| educational challenge factor, unless division (C) of this section | 41507 |
| applies. | 41508 |
| (d) The counselor factor shall equal a dollar amount for each | 41509 |
| fiscal year established by law. No counselor factor shall be | 41510 |
| calculated and paid for fiscal years 2010 and 2011. | 41511 |
| (e) The school nurse wellness coordinator factor and the | 41512 |
| district health professional factor shall be calculated as | 41513 |
| follows: | 41514 |
| (i) Each community school with ADM of less than four hundred | 41515 |
| eighteen shall receive only the school nurse wellness coordinator | 41516 |
| factor; | 41517 |
| (ii) Each community school with ADM of four hundred eighteen | 41518 |
| or more shall receive only the district health professional | 41519 |
| factor. | 41520 |
| No school nurse wellness coordinator factor or district | 41521 |
| health professional factor shall be calculated and paid for fiscal | 41522 |
| years 2010 and 2011. | 41523 |
| (f) Administrative services support shall include only the | 41524 |
| following: | 41525 |
| (i) The principal factor; | 41526 |
| (ii) The administrative services support personnel factor, | 41527 |
| except that a community school shall receive funding for at least | 41528 |
| one-half of one building manager, one-half of one secretary, and | 41529 |
| one-half of one noninstructional aide. No funding shall be | 41530 |
| calculated and paid for noninstructional aides for fiscal years | 41531 |
| 2010 and 2011. | 41532 |
| (g) The district administration factor shall equal zero. | 41533 |
| (2) In addition to the adequacy amount, the department shall | 41534 |
| calculate and pay to each community school that is not an | 41535 |
| internet- or computer-based community school an amount for | 41536 |
| career-technical education, as follows: | 41537 |
| (a) For fiscal year 2010, 1.019 times the amount paid to the | 41538 |
| school for fiscal year 2009 under former division (D)(4) of | 41539 |
| section 3314.08 of the Revised Code; | 41540 |
| (b) For fiscal year 2011, 1.019 times the amount paid to the | 41541 |
| school for fiscal year 2010 under division (A)(2)(a) of this | 41542 |
| section. | 41543 |
| (B) The department of education shall calculate and pay the | 41544 |
| adequacy amount for each internet- or computer-based community | 41545 |
| school in the manner set forth in sections 3306.02 to 3306.11 of | 41546 |
| the Revised Code, with the following exceptions: | 41547 |
| (1) The base teacher salary shall be $51,407 in fiscal year | 41548 |
| 2010 and $52,230 in fiscal year 2011. | 41549 |
| (2) The number of organizational units attributed to each | 41550 |
| internet- or computer-based community school shall be calculated | 41551 |
| by dividing the community school's ADM by two hundred ninety-one. | 41552 |
| There shall be no minimum number of organizational units that must | 41553 |
| be attributed to an internet- or computer-based community school, | 41554 |
| and no internet- or computer-based community school shall be | 41555 |
| attributed more than one organizational unit, regardless of the | 41556 |
| number of students enrolled in the school. | 41557 |
| (3) The calculation of instructional services support shall | 41558 |
| not utilize the Ohio educational challenge factor unless division | 41559 |
| (C) of this section applies. | 41560 |
| (4) The number of core teacher positions shall equal the | 41561 |
| school's ADM divided by one hundred twenty-five. | 41562 |
| (5) The number of specialist teacher positions shall equal | 41563 |
| zero. | 41564 |
| (6) The number of lead teacher positions shall equal zero. | 41565 |
| (7) The number of supplemental teacher positions shall equal | 41566 |
| zero. | 41567 |
| (8) The family and community liaison factor shall equal zero. | 41568 |
| (9) The counselor factor shall equal a dollar amount for each | 41569 |
| fiscal year established by law. No counselor factor shall be | 41570 |
| calculated and paid for fiscal years 2010 and 2011. | 41571 |
| (10) The summer remediation factor shall equal zero. | 41572 |
| (11) The school nurse wellness coordinator factor and | 41573 |
| district health professional factor each shall equal zero. | 41574 |
| (12) Administrative services support shall equal zero. | 41575 |
| (13) Operations and maintenance support shall equal zero. | 41576 |
| (14) Gifted education support and enrichment support each | 41577 |
| shall equal zero. | 41578 |
| (15) Technology resources support shall equal the school's | 41579 |
| ADM multiplied by $1,037. | 41580 |
| (16) The professional development factor shall equal zero. | 41581 |
| (C) In calculating the adequacy amount under divisions (A) | 41582 |
| and (B) of this section, the department shall not apply the | 41583 |
| exception specified in division (A)(1)(c) or (B)(3) of this | 41584 |
| section, and shall utilize the educational challenge factor in | 41585 |
| calculating the school's instructional services support, family | 41586 |
| and community liaison factor, summer remediation factor, and | 41587 |
| enrichment support, as provided in division (D) of this section, | 41588 |
| if both of the following apply: | 41589 |
| (1) The community school is either: | 41590 |
| (a) A new start-up community school, as defined in section | 41591 |
| 3314.02 of the Revised Code; | 41592 |
| (b) A conversion community school that was open for | 41593 |
| instruction as a community school prior to July 1, 2009. | 41594 |
| (2) The community school satisfies the conditions of division | 41595 |
| (C)(2)(a) or (b) of this section: | 41596 |
| (a) The community school is sponsored by a city, local, or | 41597 |
| exempted village school district and at least fifty per cent of | 41598 |
| the community school ADM for the previous school year or, if the | 41599 |
| current fiscal year is the community school's first year of | 41600 |
| operation, at least fifty per cent of the students attending | 41601 |
| during the first full school week of October, consist of students | 41602 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 41603 |
| Revised Code in the school district that is the community school's | 41604 |
| sponsor. | 41605 |
| (b) The community school was rated for the previous school | 41606 |
| year under section 3302.03 of the Revised Code as continuous | 41607 |
| improvement or higher. | 41608 |
| (D) The educational challenge factor utilized for a | 41609 |
| community school under division (C) of this section shall be: | 41610 |
| (1) If the community school qualifies under division | 41611 |
| (C)(2)(a) of this section, the educational challenge factor | 41612 |
| prescribed in section 3306.051 of the Revised Code for the school | 41613 |
| district that sponsors the school; | 41614 |
| (2) If the community school qualifies under division | 41615 |
| (C)(2)(b) of this section, the unweighted mean of all of the | 41616 |
| educational challenge factors prescribed in section 3306.051 of | 41617 |
| the Revised Code; | 41618 |
| (3) If the community school qualifies under both divisions | 41619 |
| (C)(2)(a) and (b) of this section, the greater of the educational | 41620 |
| challenge factors described in divisions (D)(1) and (2) of this | 41621 |
| section. | 41622 |
| (E) If two or more community schools, which are not internet- | 41623 |
| or computer-based community schools, are located in the same | 41624 |
| building, have at least one common member on their respective | 41625 |
| governing authorities, and have the same chief administrative | 41626 |
| officer, the department shall compute aggregate funding for all of | 41627 |
| those schools according to the provisions of division (A) of this | 41628 |
| section as if they were one school, and then shall pay each school | 41629 |
| a share of that aggregate amount on a per pupil basis. | 41630 |
| (F)(1) The aggregate amount calculated and paid pursuant to | 41631 |
| divisions (A)(1) and (C) of this section for fiscal year 2010 to | 41632 |
| each community school that is not an internet- or computer-based | 41633 |
| community school shall not exceed 1.019 times the product of: | 41634 |
| (a) The quotient of the aggregate amount paid to the | 41635 |
| community school under former divisions (D)(1), (2), and (5) to | 41636 |
| (10) of section 3314.08 of the Revised Code and former section | 41637 |
| 3314.13 of the Revised Code, plus any gifted education units paid | 41638 |
| to the school, for fiscal year 2009, divided by the community | 41639 |
| school ADM for fiscal year 2009, as adjusted and verified by the | 41640 |
| department; times | 41641 |
| (b) The community school ADM for fiscal year 2010, as | 41642 |
| adjusted and verified by the department. | 41643 |
| (2) The aggregate amount calculated and paid pursuant to | 41644 |
| divisions (A)(1) and (C) of this section for fiscal year 2011 to | 41645 |
| each community school that is not an internet- or computer-based | 41646 |
| community school shall not exceed 1.019 times the product of: | 41647 |
| (a) The quotient of the aggregate amount paid to the | 41648 |
| community school under divisions (A)(1) and (C) of this section | 41649 |
| for fiscal year 2010, divided by the community school ADM for | 41650 |
| fiscal year 2010, as adjusted and verified by the department; | 41651 |
| times | 41652 |
| (b) The community school ADM for fiscal year 2011, as | 41653 |
| adjusted and verified by the department. | 41654 |
| (3) The aggregate amount calculated and paid pursuant to | 41655 |
| divisions (B) and (C) of this section for fiscal year 2010 to each | 41656 |
| internet- or computer-based community school shall not exceed | 41657 |
| 1.019 times the product of: | 41658 |
| (a) The quotient of the aggregate amount paid to the school | 41659 |
| under former divisions (D)(1) and (2) of section 3314.08 of the | 41660 |
| Revised Code, plus any gifted education units paid to the school, | 41661 |
| for fiscal year 2009, divided by the community school ADM for | 41662 |
| fiscal year 2009, as adjusted and verified by the department; | 41663 |
| times | 41664 |
| (b) The community school ADM for fiscal year 2010, as | 41665 |
| adjusted and verified by the department. | 41666 |
| (4) The aggregate amount calculated and paid pursuant to | 41667 |
| divisions (B) and (C) of this section for fiscal year 2011 to each | 41668 |
| internet- or computer-based community school shall not exceed | 41669 |
| 1.019 times the product of: | 41670 |
| (a) The quotient of the aggregate amount paid to the school | 41671 |
| under divisions (B) and (C) of this section for fiscal year 2010, | 41672 |
| divided by the community school ADM for fiscal year 2010, as | 41673 |
| adjusted and verified by the department; times | 41674 |
| (b) The community school ADM for fiscal year 2011, as | 41675 |
| adjusted and verified by the department. | 41676 |
| (G) Each community school shall track its expenditure of the | 41677 |
| amount received under this section and report that information to | 41678 |
| the department of education. | 41679 |
| Sec. 3306.17. For each STEM school established under Chapter | 41680 |
| 3326. of the Revised Code, the governing body of which is not a | 41681 |
| city, local, or exempted village school district board of | 41682 |
| education pursuant to section 3326.51 of the Revised Code, the | 41683 |
| department of education shall calculate and pay the adequacy | 41684 |
| amount in the manner set forth in sections 3306.02 to 3306.11 of | 41685 |
| the Revised Code, with the following exceptions: | 41686 |
| (A) The adequacy amount shall be calculated as if the STEM | 41687 |
| school were a small school district, regardless of the number of | 41688 |
| students enrolled in the school. | 41689 |
| (B) The calculation of instructional services support, the | 41690 |
| family and community liaison factor, the summer remediation | 41691 |
| factor, and enrichment support shall not utilize the Ohio | 41692 |
| educational challenge factor. | 41693 |
| Sec. 3306.18. On or before the fifteenth day of July of each | 41694 |
| year, the superintendent of public instruction shall certify to | 41695 |
| the state board of education the amount each city, local, and | 41696 |
| exempted village school district expended in the previous fiscal | 41697 |
| year on each factor of the district's adequacy amount. | 41698 |
| Sec. 3306.19. (A) The department of education shall | 41699 |
| calculate and pay transitional aid in fiscal years 2010 and 2011 | 41700 |
| to each city, local, and exempted village school district that | 41701 |
| receives less from the combination of its state share of the | 41702 |
| adequacy amount calculated under section 3306.13 of the Revised | 41703 |
| Code plus the amount calculated for career-technical education | 41704 |
| under section 3306.052 of the Revised Code plus the prorated | 41705 |
| transportation funding calculated under division (L)(1) of | 41706 |
| section 3306.12 of the Revised Code than its transitional aid | 41707 |
| guarantee base for the fiscal year. The amount of the transitional | 41708 |
| aid payment shall equal the difference of the district's | 41709 |
| transitional aid guarantee base for the current fiscal year minus | 41710 |
| the sum of its calculated state share of the adequacy amount plus | 41711 |
| its career-technical education funding plus its prorated | 41712 |
| transportation funding for the current fiscal year. | 41713 |
| (1) The transitional aid guarantee base for each city, local, | 41714 |
| and exempted village school district for fiscal year 2010 equals | 41715 |
| the sum of the following computed for fiscal year 2009, as | 41716 |
| reconciled by the department, less any amounts attributable to | 41717 |
| community school students included in the calculations and, | 41718 |
| subject to division (A)(3) of this section, net of any additions | 41719 |
| or deductions attributable to open enrollment students and less | 41720 |
| any general revenue fund spending reductions ordered by the | 41721 |
| governor under section 126.05 of the Revised Code: | 41722 |
| (a) Base-cost funding under division (A) of section 3317.022 | 41723 |
| of the Revised Code; | 41724 |
| (b) Special education and related services additional | 41725 |
| weighted funding under division (C)(1) of section 3317.022 of the | 41726 |
| Revised Code; | 41727 |
| (c) Speech services funding under division (C)(4) of section | 41728 |
| 3317.022 of the Revised Code; | 41729 |
| (d) Vocational education additional weighted funding under | 41730 |
| division (E) of section 3317.022 of the Revised Code; | 41731 |
| (e) GRADS funding under division (N) of section 3317.024 of | 41732 |
| the Revised Code; | 41733 |
| (f) Adjustments for classroom teachers and educational | 41734 |
| service personnel under divisions (B), (C), and (D) of section | 41735 |
| 3317.023 of the Revised Code; | 41736 |
| (g) Gifted education units under division (L) of section | 41737 |
| 3317.024 and section 3317.05 of the Revised Code; | 41738 |
| (h) Transportation under Section 269.20.80 of Am. Sub. H.B. | 41739 |
| 119 of the 127th general assembly; | 41740 |
| (i) The excess cost supplement under division (F) of section | 41741 |
| 3317.022 of the Revised Code; | 41742 |
| (j) The charge-off supplement under section 3317.0216 of the | 41743 |
| Revised Code; | 41744 |
| (k) Transitional aid under Section 269.30.80 of Am. Sub. H.B. | 41745 |
| 119 of the 127th general assembly. | 41746 |
| (2) Subject to division (A)(3) of this section, the | 41747 |
| transitional aid guarantee base for each city, local, and | 41748 |
| exempted village school district for fiscal year 2011 equals | 41749 |
| ninety-eight per cent of the following difference: | 41750 |
| (a) The sum of the district's state share of the adequacy | 41751 |
| amount calculated under section 3306.13 of the Revised Code plus | 41752 |
| the district's career-technical education funding calculated | 41753 |
| under division (L)(1) of section 3306.052 of the Revised Code | 41754 |
| plus the district's prorated transportation funding calculated | 41755 |
| under division (L)(1) of section 3306.12 of the Revised Code plus | 41756 |
| any transitional aid payment under this section for fiscal year | 41757 |
| 2010, as the sum is adjusted under division (B)(1) of this | 41758 |
| section, if applicable; minus | 41759 |
| (b) Any general revenue fund spending reductions ordered by | 41760 |
| the governor for fiscal year 2010 under section 126.05 of the | 41761 |
| Revised Code. | 41762 |
| (3) If a school district had a policy under section 3313.98 | 41763 |
| of the Revised Code permitting open enrollment for the prior | 41764 |
| fiscal year, but for the current fiscal year has altered its | 41765 |
| policy so that students who enrolled in the district in the prior | 41766 |
| year under the district's policy no longer are eligible to enroll | 41767 |
| in the district in the current year under its new policy, the | 41768 |
| amount attributable to such students affected by the change in the | 41769 |
| district's policy paid to the district for the prior fiscal year | 41770 |
| shall not be included in the district's transitional aid base for | 41771 |
| the current fiscal year. | 41772 |
| (B) Notwithstanding any provision of this chapter to the | 41773 |
| contrary: | 41774 |
| (1) The combination of the state share of the adequacy amount | 41775 |
| plus the prorated transportation funding under division (L)(1) of | 41776 |
| section 3306.12 of the Revised Code for any city, local, or | 41777 |
| exempted village school district for fiscal year 2010 shall not | 41778 |
| exceed 1.019 times the difference of its transitional aid | 41779 |
| guarantee base for fiscal year 2010 minus the amount described in | 41780 |
| division (A)(1)(d) of this section. | 41781 |
| (2) The combination of the state share of the adequacy amount | 41782 |
| plus the prorated transportation funding under division (L)(1) of | 41783 |
| section 3306.12 of the Revised Code for any city, local, or | 41784 |
| exempted village school district for fiscal year 2011 shall not | 41785 |
| exceed 1.019 times the difference of its transitional aid | 41786 |
| guarantee base for fiscal year 2011 minus the amount paid to the | 41787 |
| district under division (A) of section 3306.052 of the Revised | 41788 |
| Code. | 41789 |
| Sec. 3306.191. The department of education shall calculate | 41790 |
| and pay additional transitional aid in fiscal year 2011 to a city, | 41791 |
| local, and exempted village school district equal to the | 41792 |
| following: | 41793 |
| 41794 | |
| 41795 | |
| If the result is a negative number, no payment shall be paid | 41796 |
| under this section. | 41797 |
| As used in this section, "state education aid" has the same | 41798 |
| meaning as in section 5751.20 of the Revised Code. | 41799 |
| Sec. 3306.192. In fiscal year 2012 and in each fiscal year | 41800 |
| thereafter, the department of education shall pay a city, local, | 41801 |
| or exempted village school district additional funds computed as | 41802 |
| follows: | 41803 |
| (A) The statewide per pupil amount paid for chartered | 41804 |
| nonpublic school students – (the sum of the district's payments | 41805 |
| under sections 3306.052, 3306.12, 3306.13, and 3306.19 of the | 41806 |
| Revised Code/its formula ADM); times | 41807 |
| (B) The district's formula ADM. | 41808 |
| If the result is a negative number, no payment shall be made | 41809 |
| under this section. | 41810 |
| As used in this section, the "statewide per pupil amount paid | 41811 |
| for chartered nonpublic school for students" means the statewide | 41812 |
| per pupil amount paid under sections 3317.06 and 3317.063 of the | 41813 |
| Revised Code, combined, for the current fiscal year, as calculated | 41814 |
| by the department. | 41815 |
| Sec. 3306.21. Nothing in this chapter shall be construed to | 41816 |
| affect or limit the authority of a school district, community | 41817 |
| school, or STEM school to contract with an educational service | 41818 |
| center, under sections 3313.843, 3313.844, 3313.845, 3314.022, and | 41819 |
| 3326.45 of the Revised Code, for the provision of any services for | 41820 |
| which funds are calculated and paid under this chapter. | 41821 |
| Sec. 3306.22. Nothing in this chapter shall be construed to | 41822 |
| prohibit a school district from using funds calculated and paid | 41823 |
| under this chapter to establish, operate, or participate in a | 41824 |
| joint or cooperative program under section 3313.842 of the Revised | 41825 |
| Code. | 41826 |
| Sec. 3306.25. (A) The superintendent of public instruction | 41827 |
| shall adopt rules, in accordance with Chapter 119. of the Revised | 41828 |
| Code, prescribing standards for the expenditure of funds | 41829 |
| calculated under this chapter and for the reporting of | 41830 |
| expenditures of those funds for particular funded components, as | 41831 |
| determined by the superintendent, so that those funds are directed | 41832 |
| toward the purposes for which they were calculated. | 41833 |
| The superintendent shall classify the components into the | 41834 |
| following categories: | 41835 |
| (1) Core academic strategy components, which shall be | 41836 |
| considered those components that are fundamental to successful | 41837 |
| education practices in the twenty-first century for all students; | 41838 |
| (2) Academic improvement components, which shall be | 41839 |
| considered those components that have been demonstrated to make | 41840 |
| the greatest improvement in the academic achievement of | 41841 |
| underperforming students; | 41842 |
| (3) Other components. | 41843 |
| The superintendent shall determine the funded components | 41844 |
| included in each category. | 41845 |
| (B) The rules adopted for core academic strategy components | 41846 |
| under division (A)(1) of this section shall prescribe standards | 41847 |
| for expenditure and reporting and shall apply to all school | 41848 |
| districts, community schools established under Chapter 3314. of | 41849 |
| the Revised Code, and STEM schools established under Chapter 3326. | 41850 |
| of the Revised Code. However, the rules shall afford districts, | 41851 |
| community schools, and STEM schools rated as effective or | 41852 |
| excellent, under section 3302.03 of the Revised Code, flexibility | 41853 |
| in determining how to spend funds calculated for the components | 41854 |
| included in that category. | 41855 |
| (C) The rules adopted for academic improvement components | 41856 |
| under division (A)(2) of this section shall prescribe standards | 41857 |
| for expenditure and reporting and shall apply only to school | 41858 |
| districts, community schools, and STEM schools that have been | 41859 |
| declared to be in academic emergency or academic watch, under | 41860 |
| section 3302.03 of the Revised Code, for two or more consecutive | 41861 |
| years, beginning with the ratings of districts and schools issued | 41862 |
| under that section in the fiscal year that begins two years prior | 41863 |
| to the effective date of rules adopted under division (A)(2) of | 41864 |
| this section. | 41865 |
| (D) The rules adopted under division (A)(3) of this section | 41866 |
| shall prescribe only reporting standards and shall not prescribe | 41867 |
| spending requirements or standards. The rules shall apply to all | 41868 |
| school districts, community schools, and STEM schools. | 41869 |
| (E) The rules shall take effect pursuant to a schedule | 41870 |
| determined by the superintendent. However, no rule adopted under | 41871 |
| division (A)(1) or (3) of this section shall take effect earlier | 41872 |
| than July 1, 2010, and no rule adopted under division (A)(2) of | 41873 |
| this section shall take effect earlier than July 1, 2011. | 41874 |
| (F) Each school district, community school, and STEM school | 41875 |
| shall comply with each applicable rule adopted under this section | 41876 |
| beginning on the effective date of that rule. | 41877 |
| Sec. 3306.29. (A) The Ohio school funding research advisory | 41878 |
| council is hereby established. The council shall consist of the | 41879 |
| following members: | 41880 |
| (1) The superintendent of public instruction, or the | 41881 |
| superintendent's designee; | 41882 |
| (2) The chancellor of the Ohio board of regents, or the | 41883 |
| chancellor's designee; | 41884 |
| (3) Two school district teachers, appointed by the governor; | 41885 |
| (4) Two nonteaching, nonadministrative school district | 41886 |
| employees, appointed by the governor; | 41887 |
| (5) One school district principal, appointed by the governor; | 41888 |
| (6) One school district superintendent, appointed by the | 41889 |
| governor; | 41890 |
| (7) One school district treasurer, appointed by the governor; | 41891 |
| (8) One member of the board of education of a city, local, or | 41892 |
| exempted village school district, appointed by the governor; | 41893 |
| (9) One representative of a college of education operated by | 41894 |
| a member institution of the university system of Ohio, appointed | 41895 |
| by the governor; | 41896 |
| (10) One member representing the business community, | 41897 |
| appointed by the governor; | 41898 |
| (11) One member representing philanthropic organizations, | 41899 |
| appointed by the governor; | 41900 |
| (12) A representative of the Ohio academy of science, | 41901 |
| appointed by the governor; | 41902 |
| (13) One member representing the general public, appointed by | 41903 |
| the governor; | 41904 |
| (14) One member representing educational service centers, | 41905 |
| appointed by the governor; | 41906 |
| (15) One parent of a student attending a school operated by a | 41907 |
| school district, appointed by the governor; | 41908 |
| (16) One member representing sponsors of community schools | 41909 |
| established under Chapter 3314. of the Revised Code, appointed by | 41910 |
| the governor; | 41911 |
| (17) One member representing nonprofit operators of community | 41912 |
| schools, appointed by the governor; | 41913 |
| (18) One community school fiscal officer, appointed by the | 41914 |
| governor; | 41915 |
| (19) One parent of a student attending a community school, | 41916 |
| appointed by the governor; | 41917 |
| (20) One member representing early childhood education | 41918 |
| providers, appointed by the governor; | 41919 |
| (21) Two members of the house of representatives appointed by | 41920 |
| the speaker of the house of representatives, one of whom shall be | 41921 |
| from the minority party and recommended by the minority leader of | 41922 |
| the house of representatives; | 41923 |
| (22) Two members of the senate appointed by the president of | 41924 |
| the senate, one of whom shall be from the minority party and | 41925 |
| recommended by the minority leader of the senate. | 41926 |
| The council shall reflect the diversity of this state in | 41927 |
| terms of gender, race, ethnic background, and geographic | 41928 |
| distribution. In making appointments to the council, the governor | 41929 |
| shall consider recommendations of stakeholder associations or | 41930 |
| groups representing the professions or individuals to be | 41931 |
| represented on the council. | 41932 |
| The members shall serve without compensation. | 41933 |
| (B) The superintendent of public instruction, or the | 41934 |
| superintendent's designee to the council, shall be the chairperson | 41935 |
| of the council. | 41936 |
| The office of school resource management and the center for | 41937 |
| creativity and innovation in the department of education shall | 41938 |
| provide staffing assistance to the council. | 41939 |
| The council shall meet at least quarterly, beginning in | 41940 |
| August 2009. | 41941 |
| (C) Not later than the first day of December of each | 41942 |
| even-numbered year, the council shall present to the governor, the | 41943 |
| state board of education, the general assembly, in accordance with | 41944 |
| section 101.68 of the Revised Code, and the public recommendations | 41945 |
| for revisions to the educational adequacy components of the | 41946 |
| research-based school funding model established under this | 41947 |
| chapter. | 41948 |
| (1) The recommendations shall be based on current, high | 41949 |
| quality research, information provided by school districts, and | 41950 |
| best practices in operational efficiencies identified in the | 41951 |
| performance reviews required by section 3306.32 of the Revised | 41952 |
| Code. | 41953 |
| (2) In preparing its recommendations due December 1, 2010, | 41954 |
| the council's analyses shall include, but shall not be limited to, | 41955 |
| the adequacy of the model's financing for gifted education | 41956 |
| services, career-technical education, arts education, services for | 41957 |
| limited English proficient students, and early college high | 41958 |
| schools. This analysis shall consider, for each area, current | 41959 |
| educational need, current educational practices, and best | 41960 |
| practices. | 41961 |
| (3) In preparing its recommendations due December 1, 2010, | 41962 |
| and in subsequent biennia, the council's analyses may address, but | 41963 |
| need not be limited to, any of the following: | 41964 |
| (a) Strategies and incentives to promote school cost-saving | 41965 |
| measures and efficiencies; | 41966 |
| (b) Options for adding learning time to the learning year, | 41967 |
| such as moving professional development for educators to summer, | 41968 |
| adding learning time for children with greater educational needs, | 41969 |
| accounting for learning time by hours instead of days, and | 41970 |
| appropriate compensation to school districts and staff for | 41971 |
| providing additional learning time; | 41972 |
| (c) The adequacy of the model's accounting for and financing | 41973 |
| of operational costs, including district-level administration and | 41974 |
| administrative and transportation challenges experienced by | 41975 |
| low-density and low-wealth school districts, and the effect of | 41976 |
| those costs on student academic achievement; | 41977 |
| (d) The accuracy of the calculation of each component of the | 41978 |
| funding model, and of the model as a whole, in light of current | 41979 |
| educational needs, current educational practices, and best | 41980 |
| practices. | 41981 |
| Sec. 3306.291. (A) A subcommittee of the Ohio school funding | 41982 |
| research advisory council is hereby established to study and make | 41983 |
| recommendations to foster collaboration between school districts | 41984 |
| and community schools established under Chapter 3314. of the | 41985 |
| Revised Code. The subcommittee shall recommend fiscal strategies, | 41986 |
| including changes to the funding model established under this | 41987 |
| chapter, that will provide incentives and compensation for Ohio | 41988 |
| school districts and community schools to enter into collaborative | 41989 |
| agreements that result in creative and innovative academic | 41990 |
| programming for students and academic and fiscal efficiency. The | 41991 |
| subcommittee shall report its findings and recommendations to the | 41992 |
| council, the governor, and, in accordance with section 101.68 of | 41993 |
| the Revised Code, the general assembly not later than September 1, | 41994 |
| 2010, and periodically thereafter at the direction of the | 41995 |
| superintendent of public instruction. | 41996 |
| (B) The subcommittee shall consist of the following members | 41997 |
| of the council: | 41998 |
| (1) The school district superintendent; | 41999 |
| (2) The school district treasurer; | 42000 |
| (3) One of the school district teachers, selected by the | 42001 |
| superintendent of public instruction; | 42002 |
| (4) The member representing a college of education operated | 42003 |
| by a member institution of the university system of Ohio; | 42004 |
| (5) The member representing sponsors of community schools; | 42005 |
| (6) The member representing nonprofit operators of community | 42006 |
| schools; | 42007 |
| (7) The community school fiscal officer; | 42008 |
| (8) The parent of a student attending a community school; | 42009 |
| (9) The parent of a student attending a school operated by a | 42010 |
| school district. | 42011 |
| The members of the subcommittee shall serve without | 42012 |
| compensation. | 42013 |
| Sec. 3306.292. The Ohio school funding research advisory | 42014 |
| council may establish subcommittees in addition to the | 42015 |
| subcommittee established under section 3306.291 of the Revised | 42016 |
| Code. The council shall determine the membership and duties of the | 42017 |
| additional subcommittees. Up to one-half of the members of each | 42018 |
| additional subcommittee may be individuals who are not members of | 42019 |
| the council. | 42020 |
| Sec. 3306.30. (A) The board of education of each city, | 42021 |
| local, and exempted village school district, the governing | 42022 |
| authority of each community school established under Chapter 3314. | 42023 |
| of the Revised Code, and the governing body of each STEM school | 42024 |
| established under Chapter 3326. of the Revised Code annually shall | 42025 |
| submit to the department of education, by the date and in the | 42026 |
| manner prescribed by the superintendent of public instruction, a | 42027 |
| plan describing how the district or school will deploy the funds | 42028 |
| received under this chapter. The plan shall deploy the funds | 42029 |
| received for each component of the adequacy amount, shall comply | 42030 |
| with any applicable expenditure or reporting standard prescribed | 42031 |
| by rule adopted under section 3306.25 of the Revised Code, and in | 42032 |
| the case of school districts, shall comply with the operating | 42033 |
| standards adopted under division (D)(3) of section 3301.07 of | 42034 |
| the Revised Code and any directive of the superintendent of | 42035 |
| public instruction, unless a waiver has been granted under | 42036 |
| section 3306.40 of the Revised Code. In the case of a district to | 42037 |
| which section 3306.31 of the Revised Code applies, the plan shall | 42038 |
| include the deployment of funds for the purposes described in | 42039 |
| divisions (B) and (D) of that section. | 42040 |
| (B) The department annually shall reconcile each spending | 42041 |
| plan submitted under this section with the actual spending of the | 42042 |
| district, community school, or STEM school. If the department | 42043 |
| finds that a district, community school, or STEM school has not | 42044 |
| complied any applicable expenditure or reporting standard | 42045 |
| prescribed by rule adopted under section 3306.25 of the Revised | 42046 |
| Code, the department shall proceed to take action under section | 42047 |
| 3306.33 of the Revised Code. | 42048 |
| (C) If a school district, community school, or STEM school | 42049 |
| fails to submit a spending plan as required by this section or, as | 42050 |
| applicable, section 3306.31 of the Revised Code, the department | 42051 |
| shall proceed to take action under section 3306.33 of the Revised | 42052 |
| Code. | 42053 |
| Sec. 3306.31. (A) This section applies to any city, local, | 42054 |
| or exempted village school district that has a three-year average | 42055 |
| graduation rate, as defined in section 3301.0711 of the Revised | 42056 |
| Code, of eighty per cent or less. | 42057 |
| (B) The board of education of each school district to which | 42058 |
| this section applies shall implement actions prescribed by the | 42059 |
| governor's closing the achievement gap initiative in each of the | 42060 |
| following: | 42061 |
| (1) Each high school; | 42062 |
| (2) Each elementary or middle school in which less than fifty | 42063 |
| per cent of the students have attained a proficient score on the | 42064 |
| fourth or seventh grade achievement assessments in English | 42065 |
| language arts or mathematics required under section 3301.0710 of | 42066 |
| the Revised Code. | 42067 |
| (C) The board of education of each school district to which | 42068 |
| this section applies shall work with the department of education | 42069 |
| and the governor's closing the achievement gap initiative in | 42070 |
| developing its annual spending plan prior to submitting the plan | 42071 |
| under section 3306.30 of the Revised Code. | 42072 |
| (D) The board of each district to which this section applies | 42073 |
| shall create and staff, in each organizational unit, at least one | 42074 |
| position funded under division (A)(1) of section 3306.06 of the | 42075 |
| Revised Code. Each such position shall function as a linkage | 42076 |
| coordinator for closing the achievement gap and increasing the | 42077 |
| graduation rate. A linkage coordinator is a person, meeting | 42078 |
| guidelines established by the governor's closing the achievement | 42079 |
| gap initiative, who shall work with and who is the primary | 42080 |
| mentor, coach, and motivator for students identified as at risk | 42081 |
| of not graduating, as defined by the governor's closing the | 42082 |
| achievement gap initiative, and who coordinates those students' | 42083 |
| participation in academic programs, social service programs, | 42084 |
| out-of-school cultural and work-related experiences, and in-school | 42085 |
| and out-of-school mentoring programs, based on the students' | 42086 |
| needs. The linkage coordinator shall coordinate remedial | 42087 |
| disciplinary plans as needed and work with school personnel to | 42088 |
| gather student academic information and to engage parents of | 42089 |
| targeted students. The linkage coordinator shall serve as a | 42090 |
| liaison between the school and the governor's closing the | 42091 |
| achievement gap initiative and shall participate in all | 42092 |
| professional development activities as directed by the closing the | 42093 |
| achievement gap initiative. The linkage coordinator shall | 42094 |
| establish and coordinate the work of academic promotion teams, | 42095 |
| which shall address the academic and social needs of the | 42096 |
| identified students. The membership of teams in different schools | 42097 |
| may vary and may include the linkage coordinator, parents, | 42098 |
| teachers, principals, school nurses, school counselors, probation | 42099 |
| officers, or other school personnel or members of the community. | 42100 |
| (E) The governor's closing the achievement gap initiative | 42101 |
| shall work with each organizational unit of a school district to | 42102 |
| which this section applies to assess the progress in implementing | 42103 |
| prescribed activities, as required under division (B) of this | 42104 |
| section, and shall assist linkage coordinators, administrators, | 42105 |
| and other school staff in ensuring compliance with the district's | 42106 |
| spending plan required under section 3306.30 of the Revised Code. | 42107 |
| (F) The items related to implementing divisions (B) and (D) | 42108 |
| of this section included in the spending plan of a district to | 42109 |
| which this section applies are subject to the approval of the | 42110 |
| superintendent of public instruction and the governor's closing | 42111 |
| the achievement gap initiative. If they disapprove those items in | 42112 |
| the plan, the state superintendent shall do one of the following: | 42113 |
| (1) Modify the items related to implementing divisions (B) | 42114 |
| and (D) of this section in the plan as the state superintendent | 42115 |
| considers appropriate and notify the district board of the | 42116 |
| modifications. The district board shall comply with the plan as | 42117 |
| modified by the state superintendent. | 42118 |
| (2) Return the spending plan and require the district board | 42119 |
| to modify the items related to implementing divisions (B) and (D) | 42120 |
| of this section in the plan according to the state | 42121 |
| superintendent's instructions or recommendations. The district | 42122 |
| board shall modify the plan according to the state | 42123 |
| superintendent's instructions or recommendations and return the | 42124 |
| modified plan by a date specified by the state superintendent. | 42125 |
| (G) The department shall work with the governor's closing the | 42126 |
| achievement gap initiative in reconciling, under division (B) of | 42127 |
| section 3306.30 of the Revised Code, the spending plan submitted | 42128 |
| by a district to which this section applies with the district's | 42129 |
| actual spending. | 42130 |
| Sec. 3306.32. (A) Each city, local, exempted village, and | 42131 |
| joint vocational school district, each educational service center | 42132 |
| each community school established under Chapter 3314. of the | 42133 |
| Revised Code, and each STEM school established under Chapter | 42134 |
| 3326. of the Revised Code shall undergo a performance review | 42135 |
| under this section at least once every five fiscal years under | 42136 |
| the direction of the department of education. If a school | 42137 |
| district board of education governs and controls a STEM school as | 42138 |
| described in section 3326.51 of the Revised Code, the performance | 42139 |
| review of that STEM school under this section shall be conducted | 42140 |
| at the time of and as part of the school district's performance | 42141 |
| review. | 42142 |
| (B) The office of school resource management of the | 42143 |
| department shall determine the order in which performance reviews | 42144 |
| shall be conducted under this section. After receiving | 42145 |
| recommendations from the office of school resource management, | 42146 |
| the state board of education and the auditor of state jointly | 42147 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 42148 |
| Code prescribing the scope of the performance reviews. | 42149 |
| (C) The department may contract with the auditor of state, | 42150 |
| any other governmental entity, or any private entity to conduct | 42151 |
| performance reviews under this section. | 42152 |
| (D) Upon the conclusion of a performance review under this | 42153 |
| section, the contractor conducting the performance review shall | 42154 |
| submit a final review report to the state board, the office of | 42155 |
| school resource management, and the board, governing authority, or | 42156 |
| governing body of the district, service center, community school, | 42157 |
| or STEM school. | 42158 |
| (E) Not later than ninety days after the date of the final | 42159 |
| review report, the board, governing authority, or governing body | 42160 |
| of the district, community school, or STEM school shall submit to | 42161 |
| the office of school resource management a response to the | 42162 |
| report. The response shall address the findings and | 42163 |
| recommendations specified in the final review report and shall | 42164 |
| specify a timeline for implementing recommendations listed in the | 42165 |
| report. This division does not apply to any educational service | 42166 |
| center. | 42167 |
| (F) At the end of the timeline specified in the response, the | 42168 |
| board, governing authority, or governing body shall submit a | 42169 |
| report to the office of school resource management. The report | 42170 |
| shall explain the progress made in implementing each | 42171 |
| recommendation of the review report, specify the steps taken to | 42172 |
| implement each recommendation, and indicate for each | 42173 |
| recommendation whether and to what extent the recommendation has | 42174 |
| been implemented. This division does not apply to any educational | 42175 |
| service center. | 42176 |
| (G) If a district, community school, or STEM school fails to | 42177 |
| cooperate with a performance review under this section, or fails | 42178 |
| timely to submit a response or report under division (E) or (F) of | 42179 |
| this section that the office of school resource management finds | 42180 |
| satisfactory, the department shall proceed to take action under | 42181 |
| section 3306.33 of the Revised Code. This division does not apply | 42182 |
| to any educational service center. | 42183 |
| (H) The department shall pay the cost of each performance | 42184 |
| review under this section. | 42185 |
| Sec. 3306.321. (A) A performance review of an educational | 42186 |
| service center under section 3306.32 of the Revised Code shall | 42187 |
| examine the service center's delivery of services to local school | 42188 |
| districts and client districts as required by law and any | 42189 |
| contracts it has with those districts and whether that delivery of | 42190 |
| services comports with the requirements and specifications for | 42191 |
| those services, including the quality standards recommended by the | 42192 |
| state regional alliance advisory board under section 3312.12 of | 42193 |
| the Revised Code. | 42194 |
| (B) The department of education shall review the final report | 42195 |
| of the performance review of each educational service center and, | 42196 |
| if the findings indicate that the service center's services do not | 42197 |
| comport with the requirements and specifications for those | 42198 |
| services prescribed by law or contract, shall provide technical | 42199 |
| assistance to the service center in aligning its services with | 42200 |
| those requirements and specifications. | 42201 |
| (C) As used in this section, "client district" has the same | 42202 |
| meaning as in section 3317.1l of the Revised Code. | 42203 |
| Sec. 3306.33. (A) Not earlier than July 1, 2010, the | 42204 |
| department of education shall take action under this section | 42205 |
| with respect to a school district, community school established | 42206 |
| under Chapter 3314. of the Revised Code, or STEM school | 42207 |
| established under Chapter 3326. of the Revised Code in any of | 42208 |
| the following circumstances: | 42209 |
| (1) The department determines, based on its reconciliation | 42210 |
| under section 3306.30 of the Revised Code of a spending plan with | 42211 |
| actual spending, a site visit under section 3301.83 or 3314.39 of | 42212 |
| the Revised Code, or a determination under section 117.54 of the | 42213 |
| Revised Code, that the school district, community school, or STEM | 42214 |
| school has failed to comply with any applicable expenditure or | 42215 |
| reporting standard prescribed by rule adopted under section | 42216 |
| 3306.25 of the Revised Code. | 42217 |
| (2) The district, community school, or STEM school fails to | 42218 |
| submit a spending plan under section 3306.30 and, if applicable, | 42219 |
| section 3306.31 of the Revised Code. | 42220 |
| (3) The district, community school, or STEM school fails to | 42221 |
| cooperate with a performance review under section 3306.31 of the | 42222 |
| Revised Code, fails timely to submit a response or report under | 42223 |
| division (E) or (F) of that section that the office of school | 42224 |
| resource management finds satisfactory, or fails to implement a | 42225 |
| recommendation set forth in a performance review report. | 42226 |
| (B) When a circumstance described in division (A) of this | 42227 |
| section applies, the department shall provide the school district, | 42228 |
| community school, or STEM school with technical assistance to | 42229 |
| bring the district or school into compliance with the expenditure | 42230 |
| and reporting standards adopted under section 3306.25 of the | 42231 |
| Revised Code and the requirements of this chapter, as applicable | 42232 |
| to the circumstance triggering action under this section. In | 42233 |
| addition, the board of the district, the governing authority of | 42234 |
| the community school, or the governing body of the STEM school | 42235 |
| shall take all of the following actions: | 42236 |
| (1) Develop and submit to the department a three-year | 42237 |
| operations improvement plan containing all of the following: | 42238 |
| (a) An analysis of the reasons for the failure to meet the | 42239 |
| applicable expenditure or reporting standards or requirements of | 42240 |
| this chapter; | 42241 |
| (b) Specific strategies the board, governing authority, or | 42242 |
| governing body will use to address the problems in meeting the | 42243 |
| standards or requirements; | 42244 |
| (c) Identification of the resources the board, governing | 42245 |
| authority, or governing body will use to meet the standards or | 42246 |
| requirements; | 42247 |
| (d) A description of how the board, governing authority, or | 42248 |
| governing body will measure its progress in meeting the standards | 42249 |
| or requirements. | 42250 |
| If the district or school is required to have a continuous | 42251 |
| improvement plan under section 3302.04 of the Revised Code, the | 42252 |
| three-year operations improvement plan required by this section | 42253 |
| shall be aligned with the continuous improvement plan. | 42254 |
| (2) Notify the parent or guardian of each student served by | 42255 |
| the district, community school, or STEM school, either in writing | 42256 |
| or by electronic means, of the standards or requirements that were | 42257 |
| not met, the actions being taken to meet the standards or | 42258 |
| requirements, and any progress achieved in the immediately | 42259 |
| preceding school year toward meeting the standards or | 42260 |
| requirements. | 42261 |
| (3) Present the plan, and take public testimony with respect | 42262 |
| to it, in a public hearing before the board, governing authority, | 42263 |
| or governing body. | 42264 |
| (C) When a circumstance described in division (A) of this | 42265 |
| section applies to a school district, community school, or STEM | 42266 |
| school for a second consecutive year, whether it is the same or a | 42267 |
| different circumstance, the department shall provide the district, | 42268 |
| community school, or STEM school with technical assistance to | 42269 |
| bring the district or school into compliance with the expenditure | 42270 |
| or reporting standards adopted under section 3306.25 of the | 42271 |
| Revised Code and the requirements of this chapter, as applicable | 42272 |
| to the circumstance triggering action under this section. In | 42273 |
| addition, both of the following apply: | 42274 |
| (1) The board, governing authority of the community school, | 42275 |
| or the governing body of the STEM school shall take all of the | 42276 |
| actions prescribed in divisions (B)(1) to (3) of this section; | 42277 |
| (2) The department shall establish a state intervention team | 42278 |
| to evaluate all aspects of the district's or school's operations, | 42279 |
| including, but not limited to, management, instructional methods, | 42280 |
| resource allocation, and scheduling. The intervention team shall | 42281 |
| include teachers and administrators recognized as outstanding in | 42282 |
| their fields. The team shall make recommendations regarding | 42283 |
| methods for bringing the district or school into compliance with | 42284 |
| the applicable standards adopted under section 3306.25 of the | 42285 |
| Revised Code and requirements of this chapter. The superintendent | 42286 |
| of public instruction shall establish guidelines for the | 42287 |
| intervention teams. The district or school shall pay the costs of | 42288 |
| the intervention team. | 42289 |
| (D) When a circumstance described in division (A) of this | 42290 |
| section applies to a school district, community school, or STEM | 42291 |
| school for a third consecutive year, whether it is the same or a | 42292 |
| different circumstance as in the preceding years, the | 42293 |
| superintendent of public instruction shall either: | 42294 |
| (1) Establish an accountability compliance commission under | 42295 |
| section 3306.34 of the Revised Code; | 42296 |
| (2) Appoint a trustee who shall govern the district, | 42297 |
| community school, or STEM school in place of the board of | 42298 |
| education of the school district, the governing authority of the | 42299 |
| community school, or the governing body of the STEM school until | 42300 |
| the beginning of the first year that none of the circumstances | 42301 |
| described in division (A) of this section apply to the district, | 42302 |
| community school, or STEM school. | 42303 |
| (E) When a circumstance described in division (A) of this | 42304 |
| section applies to a school district, community school, or STEM | 42305 |
| school for a fourth consecutive year, whether it is the same or a | 42306 |
| different circumstance as in the preceding years: | 42307 |
| (1) With respect to a school district, the state board of | 42308 |
| education shall proceed under section 3301.16 of the Revised Code | 42309 |
| to revoke the district's charter. | 42310 |
| (2) With respect to a community school or a STEM school, the | 42311 |
| department of education shall order the school to close, and the | 42312 |
| governing authority or the governing body shall permanently close | 42313 |
| the school. | 42314 |
| (F)(1) At any time, the state board may proceed under section | 42315 |
| 3301.16 of the Revised Code to revoke the charter of a school | 42316 |
| district that fails to meet the operating standards established | 42317 |
| under division (D)(3) of section 3301.07 of the Revised Code or | 42318 |
| fails to comply with this section. | 42319 |
| (2) At any time, the department may order a community school | 42320 |
| or a STEM school to close if the school fails to comply with this | 42321 |
| section. In that case, the governing authority or the governing | 42322 |
| body shall permanently close the school. | 42323 |
| Sec. 3306.34. (A) Each accountability compliance commission | 42324 |
| appointed under division (D) of section 3306.33 of the Revised | 42325 |
| Code is a body both corporate and politic, constituting an agency | 42326 |
| and instrumentality of the state and performing essential | 42327 |
| governmental functions of the state. A commission shall be known | 42328 |
| as the "accountability compliance commission for ............... | 42329 |
| (name of school district, community school, or STEM school)," and, | 42330 |
| in that name, may exercise all authority vested in such a | 42331 |
| commission by this section. A separate commission shall be | 42332 |
| established for each school district, community school, or STEM | 42333 |
| school for which the superintendent of public instruction opts to | 42334 |
| establish a commission under division (D) of section 3306.33 of | 42335 |
| the Revised Code. | 42336 |
| (B) Each accountability commission shall consist of three | 42337 |
| members, one of whom shall be appointed by the governor, one of | 42338 |
| whom shall be appointed by the superintendent of public | 42339 |
| instruction, and one of whom shall be appointed by the auditor of | 42340 |
| state. | 42341 |
| All members shall serve at the pleasure of the appointing | 42342 |
| authority during the life of the commission. In the event of the | 42343 |
| death, resignation, incapacity, removal, or ineligibility to serve | 42344 |
| of a member, the appointing authority shall appoint a successor | 42345 |
| within fifteen days after the vacancy occurs. Members shall serve | 42346 |
| without compensation, but shall be paid by the commission their | 42347 |
| necessary and actual expenses incurred while engaged in the | 42348 |
| business of the commission. | 42349 |
| (C) Immediately after appointment of the initial members of | 42350 |
| an accountability compliance commission, the state superintendent | 42351 |
| shall call the first meeting of the commission and shall cause | 42352 |
| written notice of the time, date, and place of that meeting to be | 42353 |
| given to each member of the commission at least forty-eight hours | 42354 |
| in advance of the meeting. The first meeting shall include an | 42355 |
| overview of the commission's roles and responsibilities, the | 42356 |
| requirements of section 2921.42 and Chapter 102. of the Revised | 42357 |
| Code as they pertain to commission members, the requirements of | 42358 |
| section 121.22 of the Revised Code, and the provisions of division | 42359 |
| (F) of this section. At its first meeting, the commission shall | 42360 |
| adopt temporary bylaws in accordance with division (D) of this | 42361 |
| section to govern its operations until the adoption of permanent | 42362 |
| bylaws. | 42363 |
| The state superintendent shall designate a chairperson for | 42364 |
| the commission from among the members. The chairperson shall call | 42365 |
| and conduct meetings, set meeting agendas, and serve as a liaison | 42366 |
| between the commission and the district board of education, the | 42367 |
| community school governing authority, or STEM school governing | 42368 |
| body. The chairperson also shall appoint a secretary, who shall | 42369 |
| not be a member of the commission. | 42370 |
| The department of education shall provide administrative | 42371 |
| support for the commission, provide data requested by the | 42372 |
| commission, and inform the commission of available state resources | 42373 |
| that could assist the commission in its work. | 42374 |
| (D) Each accountability compliance commission may adopt and | 42375 |
| alter bylaws and rules, which shall not be subject to section | 42376 |
| 111.15 or Chapter 119. of the Revised Code, for the conduct of its | 42377 |
| affairs and for the manner, subject to this section, in which its | 42378 |
| powers and functions shall be exercised and embodied. | 42379 |
| (E) Two members of an accountability compliance commission | 42380 |
| constitute a quorum of the commission. The affirmative vote of two | 42381 |
| members of the commission is necessary for any action taken by | 42382 |
| vote of the commission. No vacancy in the membership of the | 42383 |
| commission shall impair the rights of a quorum by such vote to | 42384 |
| exercise all the rights and perform all the duties of the | 42385 |
| commission. Members of the commission are not disqualified from | 42386 |
| voting by reason of the functions of any other office they hold | 42387 |
| and are not disqualified from exercising the functions of the | 42388 |
| other office with respect to the school district or community | 42389 |
| school or STEM school, its officers, or the commission. | 42390 |
| (F) The members of an accountability compliance commission, | 42391 |
| the state superintendent, and any person authorized to act on | 42392 |
| behalf of or assist them shall not be personally liable or subject | 42393 |
| to any suit, judgment, or claim for damages resulting from the | 42394 |
| exercise of or failure to exercise the powers, duties, and | 42395 |
| functions granted to them in regard to their functioning under | 42396 |
| this section, but the commission, state superintendent, and such | 42397 |
| other persons shall be subject to mandamus proceedings to compel | 42398 |
| performance of their duties under this section. | 42399 |
| (G) Each member of an accountability compliance commission | 42400 |
| shall file the statement described in section 102.02 of the | 42401 |
| Revised Code with the Ohio ethics commission. The statement shall | 42402 |
| be confidential, subject to review, as described in division (B) | 42403 |
| of that section. | 42404 |
| (H) Meetings of each accountability compliance commission | 42405 |
| shall be subject to section 121.22 of the Revised Code. | 42406 |
| (I) Each accountability compliance commission shall seek | 42407 |
| input from the district board of education, community school | 42408 |
| governing authority, or STEM school governing body regarding ways | 42409 |
| to improve the district's or school's operations and compliance | 42410 |
| with the requirements of this chapter and the expenditure and | 42411 |
| reporting standards prescribed by rule adopted under section | 42412 |
| 3306.25 of the Revised Code, but any decision of the commission | 42413 |
| related to any authority granted to the commission under this | 42414 |
| section shall be final. | 42415 |
| The commission may do any of the following: | 42416 |
| (1) Prepare and submit the school district's, community | 42417 |
| school's, or STEM school's spending plan required under section | 42418 |
| 3306.30 and, if applicable, section 3306.31 of the Revised Code; | 42419 |
| (2) Appoint school building administrators and reassign | 42420 |
| administrative personnel; | 42421 |
| (3) Terminate the contracts of administrators or | 42422 |
| administrative personnel. The commission shall not be required to | 42423 |
| comply with section 3319.16 of the Revised Code with respect to | 42424 |
| any contract terminated under this division. | 42425 |
| (4) Contract with a private entity to perform school or | 42426 |
| district management functions; | 42427 |
| (5) Establish a budget for the district or school and approve | 42428 |
| district or school appropriations and expenditures, unless, in the | 42429 |
| case of a school district, a financial planning and supervision | 42430 |
| commission has been established for the district pursuant to | 42431 |
| section 3316.05 of the Revised Code; | 42432 |
| (6) Exercise the powers, duties, and functions with respect | 42433 |
| to the district, community school, or STEM school as are granted | 42434 |
| to a financial planning and supervision commission with respect to | 42435 |
| a school district under divisions (A)(1) to (4) of section 3316.07 | 42436 |
| of the Revised Code, unless a financial planning and supervision | 42437 |
| commission has been established for the district. | 42438 |
| (J) If the board of education of a school district, governing | 42439 |
| authority of a community school, or governing body of a STEM | 42440 |
| school for which an accountability compliance commission has been | 42441 |
| established renews any collective bargaining agreement under | 42442 |
| Chapter 4117. of the Revised Code during the existence of the | 42443 |
| commission, the board, governing authority, or governing body | 42444 |
| shall not enter into any agreement that would render any decision | 42445 |
| of the commission unenforceable. | 42446 |
| (K) An accountability compliance commission shall cease to | 42447 |
| exist at the beginning of the first year that none of the | 42448 |
| circumstances described in division (A) of section 3306.33 of the | 42449 |
| Revised Code apply to the district, community school, or STEM | 42450 |
| school. | 42451 |
| Sec. 3306.35. The department of education shall develop a | 42452 |
| form, which shall be known as the "Formula ACcountability and | 42453 |
| Transparency" form or "FACT" form. The department annually shall | 42454 |
| issue and publish on its web site a FACT form for each city, | 42455 |
| local, and exempted village school district, community school | 42456 |
| established under Chapter 3314. of the Revised Code, and STEM | 42457 |
| school established under Chapter 3326. of the Revised Code. The | 42458 |
| form shall compare the payments to the district or school under | 42459 |
| each component prescribed by this chapter with the district's or | 42460 |
| school's deployment of those payments as indicated in its spending | 42461 |
| plan submitted under section 3306.30 and, if applicable, 3306.31 | 42462 |
| of the Revised Code. The form shall not be the basis of any | 42463 |
| actions under section 3306.33 of the Revised Code but shall be a | 42464 |
| public document to inform parents, students, and taxpayers about | 42465 |
| the district's or school's spending. | 42466 |
| Sec. 3306.40. The board of education of a school district, | 42467 |
| the governing authority of a community school established under | 42468 |
| Chapter 3314. of the Revised Code, or the governing body of a STEM | 42469 |
| school established under Chapter 3326. of the Revised Code may | 42470 |
| apply to the superintendent of public instruction for a waiver of | 42471 |
| any standard or requirement of this chapter, including any | 42472 |
| applicable expenditure or reporting standard prescribed by rule | 42473 |
| adopted under section 3306.25 of the Revised Code. The board of | 42474 |
| education of any school district also may apply to the state | 42475 |
| superintendent for a waiver of any operating standard adopted | 42476 |
| under division (D)(3) of section 3301.07 of the Revised Code. | 42477 |
| The state board of education shall adopt standards for the | 42478 |
| approval or disapproval of waivers under this section. The state | 42479 |
| superintendent shall consider every application for a waiver, and | 42480 |
| shall determine whether to grant or deny a waiver in accordance | 42481 |
| with the state board's standards. For each waiver granted, the | 42482 |
| state superintendent shall specify the period of time during which | 42483 |
| the waiver is in effect, which shall not exceed five years. A | 42484 |
| district, community school, or STEM school may apply to renew a | 42485 |
| waiver. | 42486 |
| Sec. 3306.50. (A) The Harmon commission is hereby created. | 42487 |
| (1) The commission shall consist of twenty-one members, each | 42488 |
| of whom must be one of the following: | 42489 |
| (a) A classroom teacher; | 42490 |
| (b) A school administrator; | 42491 |
| (c) An instructor at a teacher preparation program under | 42492 |
| section 3333.048 of the Revised Code. | 42493 |
| (2) The members shall be appointed as follows: | 42494 |
| (a) Eleven persons, who are not also members of the general | 42495 |
| assembly, appointed jointly by the speaker of the house of | 42496 |
| representatives and the president of the senate, upon consultation | 42497 |
| with the minority leader of the house of representatives and the | 42498 |
| minority leader of the senate; | 42499 |
| (b) Ten persons appointed by the governor. | 42500 |
| In making their respective appointments under this section, | 42501 |
| the appointing authorities shall consult with each other so that | 42502 |
| of the twenty-one members appointed to the commission, there are | 42503 |
| at least five members from each of the categories prescribed in | 42504 |
| divisions (A)(1)(a) to (c) of this section. | 42505 |
| The members appointed under division (A)(2)(a) of this | 42506 |
| section shall serve for the duration of the general assembly in | 42507 |
| which they were appointed. | 42508 |
| The members appointed under division (A)(2)(b) of this | 42509 |
| section shall serve for the duration of the term of the governor | 42510 |
| in which they were appointed. | 42511 |
| Vacancies on the commission shall be filled in the manner of | 42512 |
| the initial appointments. | 42513 |
| (B) The chairperson of the commission shall be selected by | 42514 |
| the governor from among the members of the commission. | 42515 |
| (C) The members of the commission shall serve without | 42516 |
| compensation but shall be paid by the department of education | 42517 |
| their necessary and actual expenses incurred while engaged in the | 42518 |
| business of the committee. | 42519 |
| Sec. 3306.51. The Harmon commission shall review and approve | 42520 |
| or disapprove applications from city, exempted village, and local | 42521 |
| school districts and community schools established under Chapter | 42522 |
| 3314. of the Revised Code for individual classrooms to be | 42523 |
| designated as creative learning environments. To be eligible for | 42524 |
| designation of one or more of its classrooms as a creative | 42525 |
| learning environment, a community school shall enter into a | 42526 |
| memorandum of understanding, approved by the center for creativity | 42527 |
| and innovation in the department of education, with one or more | 42528 |
| school districts that specifies a collaborative agreement to share | 42529 |
| programming and resources to promote successful academic | 42530 |
| achievement for students and academic and fiscal efficiencies. | 42531 |
| The commission shall designate a classroom as a creative | 42532 |
| learning environment if the commission determines that the | 42533 |
| classroom supports and emphasizes innovation in instruction | 42534 |
| methods and lesson plans and operates in accordance with the | 42535 |
| guidelines adopted by the state board of education under section | 42536 |
| 3306.52 of the Revised Code. Beginning July 1, 2010, a district | 42537 |
| or community school that has a classroom that is designated a | 42538 |
| creative learning environment may qualify for the pilot subsidy | 42539 |
| prescribed by section 3306.57 of the Revised Code. | 42540 |
| Sec. 3306.52. The state board of education shall do both of | 42541 |
| the following: | 42542 |
| (A) Adopt guidelines for the Harmon commission to use in | 42543 |
| reviewing applications for creative learning environments. | 42544 |
| (B) Direct the department of education, through the center | 42545 |
| for creativity and innovation, to provide staff to assist the | 42546 |
| commission in carrying out the commission's duties under sections | 42547 |
| 3306.50 to 3306.56 of the Revised Code. | 42548 |
| Sec. 3306.53. From January 1, 2010, through April 14, 2010, | 42549 |
| a city, exempted village, or local school district and a | 42550 |
| community school may submit to the Harmon commission an unlimited | 42551 |
| number of applications for first-time designation of individual | 42552 |
| classrooms as creative learning environments. No applications may | 42553 |
| be submitted between April 15, 2010, and July 1, 2010. After July | 42554 |
| 1, 2011, each city, exempted village, or local school district | 42555 |
| and each eligible community school may submit only one application | 42556 |
| per fiscal year for first-time designation of one classroom as a | 42557 |
| creative learning environment. | 42558 |
| Sec. 3306.54. Not later than the first day of May each year, | 42559 |
| the Harmon commission shall begin meeting to review pending | 42560 |
| applications for first-time designations submitted under section | 42561 |
| 3306.53 of the Revised Code. The commission shall approve or | 42562 |
| disapprove all pending applications by the first day of July. The | 42563 |
| decision of the commission is final. | 42564 |
| Sec. 3306.55. (A) The Harmon commission's first-time | 42565 |
| designation of a classroom as a creative learning environment is | 42566 |
| valid for one fiscal year. A school district or community school | 42567 |
| may apply to have the designation renewed. The commission shall | 42568 |
| renew the designation for the next two fiscal years if the school | 42569 |
| district or community school applies for the renewal and the | 42570 |
| commission finds that the classroom continues to meet the | 42571 |
| guidelines adopted under section 3306.52 of the Revised Code. The | 42572 |
| commission shall not renew the designation if the school district | 42573 |
| or community school does not apply for renewal or if the | 42574 |
| commission determines that the classroom no longer meets those | 42575 |
| guidelines. | 42576 |
| (B) At the end of a two-year renewal granted under division | 42577 |
| (A) of this section, and every two fiscal years thereafter, the | 42578 |
| designation of a classroom as a creative learning environment is | 42579 |
| automatically renewed, without need for application, for the next | 42580 |
| two fiscal years, unless the designation is revoked under division | 42581 |
| (C) of this section. | 42582 |
| (C) If the department of education at any time finds that the | 42583 |
| classroom is no longer operating in accordance with the standards | 42584 |
| adopted under section 3306.52 of the Revised Code, the department | 42585 |
| shall appeal the designation to the commission not later than the | 42586 |
| fifteenth day of February. The commission shall review the | 42587 |
| operation of the classroom and either continue the designation or | 42588 |
| revoke the designation. A revocation shall take effect on the | 42589 |
| first day of July following the department's appeal. | 42590 |
| (D) The decision of the commission under divisions (A) to (C) | 42591 |
| of this section is final. | 42592 |
| (E) If the commission does not renew a designation of a | 42593 |
| classroom under division (A) of this section or revokes that | 42594 |
| designation under division (C) of this section, the district or | 42595 |
| community school may reapply for designation of the classroom | 42596 |
| under section 3306.53 of the Revised Code. That application shall | 42597 |
| be treated as a new application for first-time designation. | 42598 |
| Sec. 3306.56. The city, exempted village, or local school | 42599 |
| district or community school that operates a classroom designated | 42600 |
| by the Harmon commission as a creative learning environment shall | 42601 |
| submit periodic progress reports on the operation and performance | 42602 |
| of the classroom to the department of education in the manner and | 42603 |
| by the deadlines prescribed by the department. | 42604 |
| Sec. 3306.57. (A) To facilitate the pilot subsidy prescribed | 42605 |
| by this section, the department of education annually shall rank | 42606 |
| each city, exempted village, or local school district according to | 42607 |
| income factor, as defined in section 3317.02 of the Revised Code, | 42608 |
| from lowest to highest income factor. | 42609 |
| (B) Any school district that has one or more classrooms | 42610 |
| designated by the Harmon commission as a creative learning | 42611 |
| environment may apply for the pilot subsidy under this section if | 42612 |
| it is ranked in the lowest quintile according to income factor | 42613 |
| under division (A) of this section. Any community school | 42614 |
| established under Chapter 3314. of the Revised Code that has one | 42615 |
| or more classrooms designated by the Harmon commission as a | 42616 |
| creative learning environment may apply for the pilot subsidy. | 42617 |
| Each district and community school electing to apply shall do so | 42618 |
| in the manner and by the deadline established by the department. | 42619 |
| If more eligible districts and community schools apply for the | 42620 |
| subsidy than can be supported by the amount appropriated for the | 42621 |
| subsidy, the department shall select districts and community | 42622 |
| schools to receive the subsidy on a first-come, first served | 42623 |
| basis. | 42624 |
| (C) Each school district or community school selected by the | 42625 |
| department for the pilot subsidy shall receive for fiscal year | 42626 |
| 2011 an amount equal to one hundred dollars for each student | 42627 |
| enrolled in a classroom operated by the district or community | 42628 |
| school that is designated as a creative learning environment. | 42629 |
| (D) The department shall require each school district and | 42630 |
| community school that applies for a subsidy under this section to | 42631 |
| provide to the department, in the manner prescribed by the | 42632 |
| department, any data the department determines is necessary to | 42633 |
| process the district's or community school's application or | 42634 |
| subsidy payment. | 42635 |
| Sec. 3307.31. (A) Payments by boards of education and | 42636 |
| governing authorities of community schools to the state teachers | 42637 |
| retirement system, as provided in sections 3307.29 and 3307.291 of | 42638 |
| the Revised Code, shall be made from the amount allocated under | 42639 |
| section 3314.08, Chapter 3306., or Chapter 3317. of the Revised | 42640 |
| Code prior to its distribution to the individual school districts | 42641 |
| or community schools. The amount due from each school district or | 42642 |
| community school shall be certified by the secretary of the | 42643 |
| system to the superintendent of public instruction monthly, or at | 42644 |
| such times as may be determined by the state teachers retirement | 42645 |
| board. | 42646 |
| The superintendent shall deduct, from the amount allocated to | 42647 |
| each district or community school under section 3314.08, Chapter | 42648 |
| 3306., or Chapter 3317. of the Revised Code, the entire amounts | 42649 |
| due to the system from such district or school upon the | 42650 |
| certification to the superintendent by the secretary thereof. | 42651 |
| The superintendent shall certify to the director of budget | 42652 |
| and management the amounts thus due the system for payment. | 42653 |
| (B) Payments to the state teachers retirement system by a | 42654 |
| science, technology, engineering, and mathematics school shall be | 42655 |
| deducted from the amount allocated under section 3326.33 of the | 42656 |
| Revised Code and shall be made in the same manner as payments by | 42657 |
| boards of education under this section. | 42658 |
| Sec. 3307.64. A disability benefit recipient, | 42659 |
| notwithstanding section 3319.13 of the Revised Code, shall retain | 42660 |
| membership in the state teachers retirement system and shall be | 42661 |
| considered on leave of absence during the first five years | 42662 |
| following the effective date of a disability benefit. | 42663 |
| The state teachers retirement board shall require any | 42664 |
| disability benefit recipient to submit to an annual medical | 42665 |
| examination by a physician selected by the board, except that the | 42666 |
| board may waive the medical examination if the board's physician | 42667 |
| certifies that the recipient's disability is ongoing. If a | 42668 |
| disability benefit recipient refuses to submit to a medical | 42669 |
| examination, the recipient's disability benefit shall be suspended | 42670 |
| until the recipient withdraws the refusal. If the refusal | 42671 |
| continues for one year, all the recipient's rights under and to | 42672 |
| the disability benefit shall be terminated as of the effective | 42673 |
| date of the original suspension. | 42674 |
| After the examination, the examiner shall report and certify | 42675 |
| to the board whether the disability benefit recipient is no longer | 42676 |
| physically and mentally incapable of resuming the service from | 42677 |
| which the recipient was found disabled. If the board concurs in a | 42678 |
| report by the examining physician that the disability benefit | 42679 |
| recipient is no longer incapable, the payment of a disability | 42680 |
| benefit shall be terminated not later than the following | 42681 |
| thirty-first day of August or upon employment as a teacher prior | 42682 |
| thereto. If the leave of absence has not expired, the board shall | 42683 |
| so certify to the disability benefit recipient's last employer | 42684 |
| before being found disabled that the recipient is no longer | 42685 |
| physically and mentally incapable of resuming service that is the | 42686 |
| same or similar to that from which the recipient was found | 42687 |
| disabled. If the recipient was under contract at the time the | 42688 |
| recipient was found disabled, the employer by the first day of the | 42689 |
| next succeeding year shall restore the recipient to the | 42690 |
| recipient's previous position and salary or to a position and | 42691 |
| salary similar thereto, unless the recipient was dismissed or | 42692 |
| resigned in lieu of dismissal for dishonesty, misfeasance, | 42693 |
| malfeasance, or conviction of a felony. | 42694 |
| A disability benefit shall terminate if the disability | 42695 |
| benefit recipient becomes employed as a teacher in any public or | 42696 |
| private school or institution in this state or elsewhere. An | 42697 |
| individual receiving a disability benefit from the system shall be | 42698 |
| ineligible for any employment as a teacher and it shall be | 42699 |
| unlawful for any employer to employ the individual as a teacher. | 42700 |
| If any employer should employ or reemploy the individual prior to | 42701 |
| the termination of a disability benefit, the employer shall file | 42702 |
| notice of employment with the board designating the date of the | 42703 |
| employment. If the individual should be paid both a disability | 42704 |
| benefit and also compensation for teaching service for all or any | 42705 |
| part of the same month, the secretary of the board shall certify | 42706 |
| to the employer or to the superintendent of public instruction the | 42707 |
| amount of the disability benefit received by the individual during | 42708 |
| the employment, which amount shall be deducted from any amount due | 42709 |
|
the employing
district under | 42710 |
| the Revised Code or shall be paid by the employer to the annuity | 42711 |
| and pension reserve fund. | 42712 |
| Each disability benefit recipient shall file with the board | 42713 |
| an annual statement of earnings, current medical information on | 42714 |
| the recipient's condition, and any other information required in | 42715 |
| rules adopted by the board. The board may waive the requirement | 42716 |
| that a disability benefit recipient file an annual statement of | 42717 |
| earnings or current medical information if the board's physician | 42718 |
| certifies that the recipient's disability is ongoing. | 42719 |
| The board shall annually examine the information submitted by | 42720 |
| the recipient. If a disability benefit recipient refuses to file | 42721 |
| the statement or information, the disability benefit shall be | 42722 |
| suspended until the statement and information are filed. If the | 42723 |
| refusal continues for one year, the recipient's right to the | 42724 |
| disability benefit shall be terminated as of the effective date of | 42725 |
| the original suspension. | 42726 |
| A disability benefit also may be terminated by the board at | 42727 |
| the request of the disability benefit recipient. | 42728 |
| If disability retirement under section 3307.63 of the Revised | 42729 |
| Code is terminated for any reason, the annuity and pension | 42730 |
| reserves at that time in the annuity and pension reserve fund | 42731 |
| shall be transferred to the teachers' savings fund and the | 42732 |
| employers' trust fund, respectively. If the total disability | 42733 |
| benefit paid was less than the amount of the accumulated | 42734 |
| contributions of the member transferred to the annuity and pension | 42735 |
| reserve fund at the time of the member's disability retirement, | 42736 |
| then the difference shall be transferred from the annuity and | 42737 |
| pension reserve fund to another fund as required. In determining | 42738 |
| the amount of a member's account following the termination of | 42739 |
| disability retirement for any reason, the total amount paid shall | 42740 |
| be charged against the member's refundable account. | 42741 |
| If a disability allowance paid under section 3307.631 of the | 42742 |
| Revised Code is terminated for any reason, the reserve on the | 42743 |
| allowance at that time in the annuity and pension reserve fund | 42744 |
| shall be transferred from that fund to the employers' trust fund. | 42745 |
| If a former disability benefit recipient again becomes a | 42746 |
| contributor, other than as an other system retirant under section | 42747 |
| 3307.35 of the Revised Code, to this retirement system, the school | 42748 |
| employees retirement system, or the public employees retirement | 42749 |
| system, and completes at least two additional years of service | 42750 |
| credit, the former disability benefit recipient shall receive | 42751 |
| credit for the period as a disability benefit recipient. | 42752 |
| Sec. 3309.41. (A) A disability benefit recipient shall | 42753 |
| retain membership status and shall be considered on leave of | 42754 |
| absence from employment during the first five years following the | 42755 |
| effective date of a disability benefit, notwithstanding any | 42756 |
| contrary provisions in Chapter 124. or 3319. of the Revised Code. | 42757 |
| (B) The school employees retirement board shall require a | 42758 |
| disability benefit recipient to undergo an annual medical | 42759 |
| examination, except that the board may waive the medical | 42760 |
| examination if the board's physician or physicians certify that | 42761 |
| the recipient's disability is ongoing. Should any disability | 42762 |
| benefit recipient refuse to submit to a medical examination, the | 42763 |
| recipient's disability benefit shall be suspended until withdrawal | 42764 |
| of the refusal. Should the refusal continue for one year, all the | 42765 |
| recipient's rights in and to the disability benefit shall be | 42766 |
| terminated as of the effective date of the original suspension. | 42767 |
| (C) On completion of the examination by an examining | 42768 |
| physician or physicians selected by the board, the physician or | 42769 |
| physicians shall report and certify to the board whether the | 42770 |
| disability benefit recipient is no longer physically and mentally | 42771 |
| incapable of resuming the service from which the recipient was | 42772 |
| found disabled. If the board concurs in the report that the | 42773 |
| disability benefit recipient is no longer incapable, the payment | 42774 |
| of the disability benefit shall be terminated not later than three | 42775 |
| months after the date of the board's concurrence or upon | 42776 |
| employment as an employee. If the leave of absence has not | 42777 |
| expired, the retirement board shall certify to the disability | 42778 |
| benefit recipient's last employer before being found disabled that | 42779 |
| the recipient is no longer physically and mentally incapable of | 42780 |
| resuming service that is the same or similar to that from which | 42781 |
| the recipient was found disabled. The employer shall restore the | 42782 |
| recipient to the recipient's previous position and salary or to a | 42783 |
| position and salary similar thereto not later than the first day | 42784 |
| of the first month following termination of the disability | 42785 |
| benefit, unless the recipient was dismissed or resigned in lieu of | 42786 |
| dismissal for dishonesty, misfeasance, malfeasance, or conviction | 42787 |
| of a felony. | 42788 |
| (D) Each disability benefit recipient shall file with the | 42789 |
| board an annual statement of earnings, current medical information | 42790 |
| on the recipient's condition, and any other information required | 42791 |
| in rules adopted by the board. The board may waive the requirement | 42792 |
| that a disability benefit recipient file an annual statement of | 42793 |
| earnings or current medical information on the recipient's | 42794 |
| condition if the board's physician or physicians certify that the | 42795 |
| recipient's disability is ongoing. | 42796 |
| The board shall annually examine the information submitted by | 42797 |
| the recipient. If a disability benefit recipient refuses to file | 42798 |
| the statement or information, the disability benefit shall be | 42799 |
| suspended until the statement and information are filed. If the | 42800 |
| refusal continues for one year, the recipient's right to the | 42801 |
| disability benefit shall be terminated as of the effective date of | 42802 |
| the original suspension. | 42803 |
| (E) If a disability benefit recipient is employed by an | 42804 |
| employer covered by this chapter, the recipient's disability | 42805 |
| benefit shall cease. | 42806 |
| (F) If disability retirement under section 3309.40 of the | 42807 |
| Revised Code is terminated for any reason, the annuity and pension | 42808 |
| reserves at that time in the annuity and pension reserve fund | 42809 |
| shall be transferred to the employees' savings fund and the | 42810 |
| employers' trust fund, respectively. If the total disability | 42811 |
| benefit paid is less than the amount of the accumulated | 42812 |
| contributions of the member transferred into the annuity and | 42813 |
| pension reserve fund at the time of the member's disability | 42814 |
| retirement, the difference shall be transferred from the annuity | 42815 |
| and pension reserve fund to another fund as may be required. In | 42816 |
| determining the amount of a member's account following the | 42817 |
| termination of disability retirement for any reason, the amount | 42818 |
| paid shall be charged against the member's refundable account. | 42819 |
| If a disability allowance paid under section 3309.401 of the | 42820 |
| Revised Code is terminated for any reason, the reserve on the | 42821 |
| allowance at that time in the annuity and pension reserve fund | 42822 |
| shall be transferred from that fund to the employers' trust fund. | 42823 |
| The board may terminate a disability benefit at the request | 42824 |
| of the recipient. | 42825 |
| (G) If a disability benefit is terminated and a former | 42826 |
| disability benefit recipient again becomes a contributor, other | 42827 |
| than as an other system retirant as defined in section 3309.341 of | 42828 |
| the Revised Code, to this system, the public employees retirement | 42829 |
| system, or the state teachers retirement system, and completes an | 42830 |
| additional two years of service credit after the termination of | 42831 |
| the disability benefit, the former disability benefit recipient | 42832 |
| shall be entitled to full service credit for the period as a | 42833 |
| disability benefit recipient. | 42834 |
| (H) If any employer employs any member who is receiving a | 42835 |
| disability benefit, the employer shall file notice of employment | 42836 |
| with the retirement board, designating the date of employment. In | 42837 |
| case the notice is not filed, the total amount of the benefit paid | 42838 |
| during the period of employment prior to notice shall be paid from | 42839 |
|
amounts allocated under | 42840 |
| Revised Code prior to its distribution to the school district in | 42841 |
| which the disability benefit recipient was so employed. | 42842 |
| Sec. 3309.48. Any employee who left the service of an | 42843 |
| employer after attaining age sixty-five or over and such employer | 42844 |
| had failed or refused to deduct and transmit to the school | 42845 |
| employees retirement system the employee contributions as required | 42846 |
| by section 3309.47 of the Revised Code during any year for which | 42847 |
| membership was compulsory as determined by the school employees | 42848 |
| retirement board, shall be granted service credit without cost, | 42849 |
| which shall be considered as total service credit for the purposes | 42850 |
| of meeting the qualifications for service retirement provided by | 42851 |
| the law in effect on and retroactive to the first eligible | 42852 |
| retirement date following the date such employment terminated, but | 42853 |
| shall not be paid until formal application for such allowance on a | 42854 |
| form provided by the retirement board is received in the office of | 42855 |
| the retirement system. The total service credit granted under this | 42856 |
| section shall not exceed ten years for any such employee. | 42857 |
| The liability incurred by the retirement board because of the | 42858 |
| service credit granted under this section shall be determined by | 42859 |
| the retirement board, the cost of which shall be equal to an | 42860 |
| amount that is determined by applying the combined employee and | 42861 |
| employer rates of contribution against the compensation of such | 42862 |
| employee at the rates of contribution and maximum salary | 42863 |
| provisions in effect during such employment for each year for | 42864 |
| which credit is granted, together with interest at the rate to be | 42865 |
| credited accumulated contributions at retirement, compounded | 42866 |
| annually from the first day of the month payment was due the | 42867 |
| retirement system to and including the month of deposit, the total | 42868 |
| amount of which shall be collected from the employer. Such amounts | 42869 |
| shall be certified by the retirement board to the superintendent | 42870 |
| of public instruction, who shall deduct the amount due the system | 42871 |
|
from any funds due the affected school district
under | 42872 |
| Chapters 3306. and 3317. of the Revised Code. The superintendent | 42873 |
| shall certify to the director of budget and management the amount | 42874 |
| due the system for payment. The total amount paid shall be | 42875 |
| deposited into the employers' trust fund, and shall not be | 42876 |
| considered as accumulated contributions of the employee in the | 42877 |
|
event of | 42878 |
| Sec. 3309.51. (A) Each employer shall pay annually into the | 42879 |
| employers' trust fund, in such monthly or less frequent | 42880 |
| installments as the school employees retirement board requires, an | 42881 |
| amount certified by the school employees retirement board, which | 42882 |
| shall be as required by Chapter 3309. of the Revised Code. | 42883 |
| Payments by school district boards of education to the | 42884 |
| employers' trust fund of the school employees retirement system | 42885 |
|
may be made from
the
amounts allocated under
| 42886 |
| 3306. and 3317. of the Revised Code prior to their distribution to | 42887 |
| the individual school districts. The amount due from each school | 42888 |
| district may be certified by the secretary of the system to the | 42889 |
| superintendent of public instruction monthly, or at such times as | 42890 |
| is determined by the school employees retirement board. | 42891 |
| Payments by governing authorities of community schools to the | 42892 |
| employers' trust fund of the school employees retirement system | 42893 |
|
shall be made from the amounts allocated under | 42894 |
| 3306.16 and 3314.08 of the Revised Code prior to their | 42895 |
| distribution to the individual community schools. The amount due | 42896 |
| from each community school shall be certified by the secretary of | 42897 |
| the system to the superintendent of public instruction monthly, | 42898 |
| or at such times as determined by the school employees retirement | 42899 |
| board. | 42900 |
| Payments by a science, technology, engineering, and | 42901 |
| mathematics school, other than one governed as provided in section | 42902 |
| 3326.51 of the Revised Code, to the employers' trust fund of the | 42903 |
| school employees retirement system shall be made from the amounts | 42904 |
|
allocated under | 42905 |
| the Revised Code prior to their distribution to the school. The | 42906 |
| amount due from a science, technology, engineering, and | 42907 |
| mathematics school shall be certified by the secretary of the | 42908 |
| school employees retirement system to the superintendent of | 42909 |
| public instruction monthly, or at such times as determined by the | 42910 |
| school employees retirement board. | 42911 |
| (B) The superintendent shall deduct from the amount allocated | 42912 |
|
to each
community school under | 42913 |
| 3314.08 of the Revised Code, to each school district under | 42914 |
| 42915 | |
| science, technology, engineering, and mathematics school under | 42916 |
| 42917 | |
| the entire amounts due to the school employees retirement system | 42918 |
| from such school or school district upon the certification to | 42919 |
| the superintendent by the secretary thereof. | 42920 |
| (C) Where an employer fails or has failed or refuses to make | 42921 |
| payments to the employers' trust fund, as provided for under | 42922 |
| Chapter 3309. of the Revised Code, the secretary of the school | 42923 |
| employees retirement system may certify to the state | 42924 |
| superintendent of public instruction, monthly or at such times as | 42925 |
| is determined by the school employees retirement board, the amount | 42926 |
| due from such employer, and the superintendent shall deduct from | 42927 |
|
the amount allocated to the
employer
under section 3314.08 | 42928 |
| 3326.33, or 3326.34 or Chapter 3306. or 3317. of the Revised | 42929 |
| Code, as applicable, the entire amounts due to the system from | 42930 |
| the employer upon the certification to the superintendent by the | 42931 |
| secretary of the school employees retirement system. | 42932 |
| (D) The superintendent shall certify to the director of | 42933 |
| budget and management the amounts thus due the system for | 42934 |
| payment. | 42935 |
| Sec. 3310.03. (A) A student is an "eligible student" for | 42936 |
| purposes of the educational choice scholarship pilot program if | 42937 |
| the student's resident district is not a school district in which | 42938 |
| the pilot project scholarship program is operating under sections | 42939 |
| 3313.974 to 3313.979 of the Revised Code; the student is not | 42940 |
| enrolled, for any portion of the school year in which the student | 42941 |
| submits an application for the scholarship, in a nonpublic school; | 42942 |
| and the student satisfies one of the following conditions: | 42943 |
| (1) The student is enrolled in a school building that is | 42944 |
| operated by the student's resident district and to which both of | 42945 |
| the following apply: | 42946 |
| (a) The building was declared, in at least two of the three | 42947 |
| most recent ratings of school buildings published prior to the | 42948 |
| first day of July of the school year for which a scholarship is | 42949 |
| sought, to be in a state of academic emergency or academic watch | 42950 |
| under section 3302.03 of the Revised Code; | 42951 |
| (b) The building was not declared to be excellent or | 42952 |
| effective under that section in the most recent rating published | 42953 |
| prior to the first day of July of the school year for which a | 42954 |
| scholarship is sought. | 42955 |
| (2) The student is eligible to enroll in kindergarten in the | 42956 |
| school year for which a scholarship is sought and otherwise would | 42957 |
| be assigned under section 3319.01 of the Revised Code to a school | 42958 |
| building described in division (A)(1) of this section. | 42959 |
| (3) The student is enrolled in a community school established | 42960 |
| under Chapter 3314. of the Revised Code but otherwise would be | 42961 |
| assigned under section 3319.01 of the Revised Code to a building | 42962 |
| described in division (A)(1) of this section. | 42963 |
| (4) The student is enrolled in a school building that is | 42964 |
| operated by the student's resident district or in a community | 42965 |
| school established under Chapter 3314. of the Revised Code and | 42966 |
| otherwise would be assigned under section 3319.01 of the Revised | 42967 |
| Code to a school building described in division (A)(1) of this | 42968 |
| section in the school year for which the scholarship is sought. | 42969 |
| (5) The student is eligible to enroll in kindergarten in the | 42970 |
| school year for which a scholarship is sought, or is enrolled in a | 42971 |
| community school established under Chapter 3314. of the Revised | 42972 |
| Code, and all of the following apply to the student's resident | 42973 |
| district: | 42974 |
| (a) The district has in force an intradistrict open | 42975 |
| enrollment policy under which no student in kindergarten or the | 42976 |
| community school student's grade level, respectively, is | 42977 |
| automatically assigned to a particular school building; | 42978 |
| (b) In at least two of the three most recent ratings of | 42979 |
| school districts published prior to the first day of July of the | 42980 |
| school year for which a scholarship is sought, the district was | 42981 |
| declared to be in a state of academic emergency under section | 42982 |
| 3302.03 of the Revised Code; | 42983 |
| (c) The district was not declared to be excellent or | 42984 |
| effective under that section in the most recent rating published | 42985 |
| prior to the first day of July of the school year for which a | 42986 |
| scholarship is sought. | 42987 |
| (B) A student who receives a scholarship under the | 42988 |
| educational choice scholarship pilot program remains an eligible | 42989 |
| student and may continue to receive scholarships in subsequent | 42990 |
| school years until the student completes grade twelve, so long as | 42991 |
| all of the following apply: | 42992 |
| (1) The student's resident district remains the same, or the | 42993 |
| student transfers to a new resident district and otherwise would | 42994 |
| be assigned in the new resident district to a school building | 42995 |
| described in division (A)(1) of this section; | 42996 |
| (2) The student takes each | 42997 |
| for the student's grade level under section 3301.0710 or | 42998 |
| 3301.0712 of the Revised Code while enrolled in a chartered | 42999 |
| nonpublic school; | 43000 |
| (3) In each school year that the student is enrolled in a | 43001 |
| chartered nonpublic school, the student is absent from school for | 43002 |
| not more than twenty days that the school is open for instruction, | 43003 |
| not including excused absences. | 43004 |
| (C) The department shall cease awarding first-time | 43005 |
| scholarships pursuant to divisions (A)(1) to (4) of this section | 43006 |
| with respect to a school building that, in the most recent ratings | 43007 |
| of school buildings published under section 3302.03 of the Revised | 43008 |
| Code prior to the first day of July of the school year, ceases to | 43009 |
| meet the criteria in division (A)(1) of this section. The | 43010 |
| department shall cease awarding first-time scholarships pursuant | 43011 |
| to division (A)(5) of this section with respect to a school | 43012 |
| district that, in the most recent ratings of school districts | 43013 |
| published under section 3302.03 of the Revised Code prior to the | 43014 |
| first day of July of the school year, ceases to meet the criteria | 43015 |
| in division (A)(5) of this section. However, students who have | 43016 |
| received scholarships in the prior school year remain eligible | 43017 |
| students pursuant to division (B) of this section. | 43018 |
| (D) The state board of education shall adopt rules defining | 43019 |
| excused absences for purposes of division (B)(3) of this section. | 43020 |
| Sec. 3310.08. (A) The amount paid for an eligible student | 43021 |
| under the educational choice scholarship pilot program shall be | 43022 |
| the lesser of the tuition of the chartered nonpublic school in | 43023 |
| which the student is enrolled or the maximum amount prescribed in | 43024 |
| section 3310.09 of the Revised Code. | 43025 |
| (B)(1) The department shall pay to the parent of each | 43026 |
| eligible student for whom a scholarship is awarded under the | 43027 |
| program, or to the student if at least eighteen years of age, | 43028 |
| periodic partial payments of the scholarship. | 43029 |
| (2) The department shall proportionately reduce or terminate | 43030 |
| the payments for any student who withdraws from a chartered | 43031 |
| nonpublic school prior to the end of the school year. | 43032 |
| (C)(1) The department shall deduct five thousand two hundred | 43033 |
| dollars from the payments made to each school district under | 43034 |
| 43035 | |
|
321.24 and 323.156 of
the
Revised
Code | 43036 |
| 43037 | |
| scholarship under the educational choice scholarship pilot | 43038 |
| program who is entitled under section 3313.64 or 3313.65 of the | 43039 |
|
Revised Code to attend school in the district | 43040 |
| | 43041 |
| 43042 |
| | 43043 |
| 43044 |
| The amount deducted under division (C)(1) of this section | 43045 |
| funds scholarships for students under both the educational choice | 43046 |
| scholarship pilot program and the pilot project scholarship | 43047 |
| program under sections 3313.974 to 3313.979 of the Revised Code. | 43048 |
| (2) If the department reduces or terminates payments to a | 43049 |
| parent or a student, as prescribed in division (B)(2) of this | 43050 |
| section, and the student enrolls in the schools of the student's | 43051 |
|
resident district | 43052 |
| 43053 | |
| year, the department shall proportionally restore to the resident | 43054 |
| district the amount deducted for that student under division | 43055 |
| (C)(1) of this section. | 43056 |
| (D) In the case of any school district from which a deduction | 43057 |
| is made under division (C) of this section, the department shall | 43058 |
| disclose on the district's SF-3 form, or any successor to that | 43059 |
| form used to calculate a district's state funding for operating | 43060 |
| expenses, a comparison of the following: | 43061 |
| (1) The district's | 43062 |
|
adequacy
amount payment, as calculated under | 43063 |
|
section
| 43064 |
| 43065 | |
| the scholarship students included in the district's formula ADM; | 43066 |
| (2) What the district's state | 43067 |
| adequacy amount payment would have been, as calculated under | 43068 |
| 43069 | |
| 43070 | |
| students were not included in the district's formula ADM. | 43071 |
| This comparison shall display both the aggregate difference | 43072 |
| between the amounts described in divisions (D)(1) and (2) of this | 43073 |
| section, and the quotient of that aggregate difference divided by | 43074 |
| the number of eligible students for whom deductions are made under | 43075 |
| division (C) of this section. | 43076 |
| Sec. 3310.09. | 43077 |
|
student | 43078 |
| scholarship pilot program shall be as follows: | 43079 |
| | 43080 |
| 43081 |
| | 43082 |
| hundred dollars. | 43083 |
| | 43084 |
| 43085 | |
| 43086 | |
| 43087 | |
| 43088 | |
| 43089 |
| Sec. 3310.11. (A) Only for the purpose of administering the | 43090 |
| educational choice scholarship pilot program, the department of | 43091 |
| education may request from any of the following entities the data | 43092 |
| verification code assigned under division (D)(2) of section | 43093 |
| 3301.0714 of the Revised Code to any student who is seeking a | 43094 |
| scholarship under the program: | 43095 |
| (1) The student's resident district; | 43096 |
| (2) If applicable, the community school in which that student | 43097 |
| is enrolled; | 43098 |
| (3) The independent contractor engaged to create and maintain | 43099 |
| student data verification codes. | 43100 |
| (B) Upon a request by the department under division (A) of | 43101 |
| this section for the data verification code of a student seeking a | 43102 |
| scholarship or a request by the student's parent for that code, | 43103 |
| the school district or community school shall submit that code to | 43104 |
| the department or parent in the manner specified by the | 43105 |
| department. If the student has not been assigned a code, because | 43106 |
| the student will be entering kindergarten during the school year | 43107 |
| for which the scholarship is sought, the district shall assign a | 43108 |
| code to that student and submit the code to the department or | 43109 |
| parent by a date specified by the department. If the district does | 43110 |
| not assign a code to the student by the specified date, the | 43111 |
| department shall assign a code to that student. | 43112 |
| The department annually shall submit to each school district | 43113 |
| the name and data verification code of each student residing in | 43114 |
| the district who is entering kindergarten, who has been awarded a | 43115 |
| scholarship under the program, and for whom the department has | 43116 |
| assigned a code under this division. | 43117 |
| (C) For the purpose of administering the applicable | 43118 |
| assessments prescribed under sections 3301.0710 and 3301.0712 of | 43119 |
| the Revised Code, as required by section 3310.14 of the Revised | 43120 |
| Code, the department shall provide to each chartered nonpublic | 43121 |
| school that enrolls a scholarship student the data verification | 43122 |
| code for that student. | 43123 |
| (D) The department and each chartered nonpublic school that | 43124 |
| receives a data verification code under this section shall not | 43125 |
| release that code to any person except as provided by law. | 43126 |
| Any document relative to this program that the department | 43127 |
| holds in its files that contains both a student's name or other | 43128 |
| personally identifiable information and the student's data | 43129 |
| verification code shall not be a public record under section | 43130 |
| 149.43 of the Revised Code. | 43131 |
| Sec. 3310.14. Notwithstanding division (K) of section | 43132 |
| 3301.0711 of the Revised Code, each chartered nonpublic school | 43133 |
| that enrolls students awarded scholarships under sections 3310.01 | 43134 |
|
to 3310.17 of the Revised Code annually shall administer the | 43135 |
| assessments prescribed by section 3301.0710 or 3301.0712 of the | 43136 |
| Revised Code to each scholarship student enrolled in the school | 43137 |
| in accordance with section 3301.0711 of the Revised Code. Each | 43138 |
| chartered nonpublic school shall report to the department of | 43139 |
|
education the
results of each | 43140 |
| each scholarship student under this section. | 43141 |
| Nothing in this section requires a chartered nonpublic school | 43142 |
|
to administer any achievement | 43143 |
| graduation test prescribed by division (B)(1) of section | 43144 |
| 3301.0710 of the Revised Code, as required by section 3313.612 of | 43145 |
| the Revised Code, to any student enrolled in the school who is | 43146 |
| not a scholarship student. | 43147 |
| Sec. 3310.15. (A) The department of education annually | 43148 |
| shall compile the scores attained by scholarship students to whom | 43149 |
| an assessment is administered under section 3310.14 of the Revised | 43150 |
| Code. The scores shall be aggregated as follows: | 43151 |
| (1) By state, which shall include all students awarded a | 43152 |
| scholarship under the educational choice scholarship pilot program | 43153 |
| and who were required to take an assessment under section 3310.14 | 43154 |
| of the Revised Code; | 43155 |
| (2) By school district, which shall include all scholarship | 43156 |
| students who were required to take an assessment under section | 43157 |
| 3310.14 of the Revised Code and for whom the district is the | 43158 |
| student's resident district; | 43159 |
| (3) By chartered nonpublic school, which shall include all | 43160 |
| scholarship students enrolled in that school who were required to | 43161 |
| take an assessment under section 3310.14 of the Revised Code. | 43162 |
| (B) The department shall disaggregate the student performance | 43163 |
| data described in division (A) of this section according to the | 43164 |
| following categories: | 43165 |
| (1) Age; | 43166 |
| (2) Race and ethnicity; | 43167 |
| (3) Gender; | 43168 |
| (4) Students who have participated in the scholarship program | 43169 |
| for three or more years; | 43170 |
| (5) Students who have participated in the scholarship program | 43171 |
| for more than one year and less than three years; | 43172 |
| (6) Students who have participated in the scholarship program | 43173 |
| for one year or less; | 43174 |
| (7) Economically disadvantaged students. | 43175 |
| (C) The department shall post the student performance data | 43176 |
| required under divisions (A) and (B) of this section on its web | 43177 |
| site and, by the first day of February each year, shall distribute | 43178 |
| that data to the parent of each eligible student. In reporting | 43179 |
| student performance data under this division, the department shall | 43180 |
| not include any data that is statistically unreliable or that | 43181 |
| could result in the identification of individual students. For | 43182 |
| this purpose, the department shall not report performance data for | 43183 |
| any group that contains less than ten students. | 43184 |
| (D) The department shall provide the parent of each | 43185 |
| scholarship student with information comparing the student's | 43186 |
| performance on the assessments administered under section 3310.14 | 43187 |
| of the Revised Code with the average performance of similar | 43188 |
| students enrolled in the building operated by the student's | 43189 |
| resident district that the scholarship student would otherwise | 43190 |
| attend. In calculating the performance of similar students, the | 43191 |
| department shall consider age, grade, race and ethnicity, gender, | 43192 |
| and socioeconomic status. | 43193 |
| Sec. 3310.41. (A) As used in this section: | 43194 |
| (1) "Alternative public provider" means either of the | 43195 |
| following providers that agrees to enroll a child in the | 43196 |
| provider's special education program to implement the child's | 43197 |
| individualized education program and to which the child's parent | 43198 |
| owes fees for the services provided to the child: | 43199 |
| (a) A school district that is not the school district in | 43200 |
| which the child is entitled to attend school; | 43201 |
| (b) A public entity other than a school district. | 43202 |
| (2) "Entitled to attend school" means entitled to attend | 43203 |
| school in a school district under section 3313.64 or 3313.65 of | 43204 |
| the Revised Code. | 43205 |
| (3) "Formula ADM" and "category six special education ADM" | 43206 |
| have the same meanings as in section 3317.02 of the Revised Code. | 43207 |
| (4) "Preschool child with a disability" and "individualized | 43208 |
| education program" have the same meanings as in section 3323.01 | 43209 |
| of the Revised Code. | 43210 |
| (5) "Parent" has the same meaning as in section 3313.64 of | 43211 |
| the Revised Code, except that "parent" does not mean a parent | 43212 |
| whose custodial rights have been terminated. | 43213 |
| (6) "Preschool scholarship ADM" means the number of | 43214 |
| preschool children with disabilities reported under division | 43215 |
| (B)(3)(h) of section 3317.03 of the Revised Code. | 43216 |
| (7) "Qualified special education child" is a child for whom | 43217 |
| all of the following conditions apply: | 43218 |
| (a) The school district in which the child is entitled to | 43219 |
| attend school has identified the child as autistic. A child who | 43220 |
| has been identified as having a "pervasive developmental disorder | 43221 |
| - not otherwise specified (PPD-NOS)" shall be considered to be an | 43222 |
| autistic child for purposes of this section. | 43223 |
| (b) The school district in which the child is entitled to | 43224 |
| attend school has developed an individualized education program | 43225 |
| under Chapter 3323. of the Revised Code for the child. | 43226 |
| (c) The child either: | 43227 |
| (i) Was enrolled in the school district in which the child is | 43228 |
| entitled to attend school in any grade from preschool through | 43229 |
| twelve in the school year prior to the year in which a scholarship | 43230 |
| under this section is first sought for the child; or | 43231 |
| (ii) Is eligible to enter school in any grade preschool | 43232 |
| through twelve in the school district in which the child is | 43233 |
| entitled to attend school in the school year in which a | 43234 |
| scholarship under this section is first sought for the child. | 43235 |
| (8) "Registered private provider" means a nonpublic school or | 43236 |
| other nonpublic entity that has been approved by the department | 43237 |
| of education to participate in the program established under this | 43238 |
| section. | 43239 |
| (9) "Special education program" means a school or facility | 43240 |
| that provides special education and related services to children | 43241 |
| with disabilities. | 43242 |
| (B) There is hereby established the autism scholarship | 43243 |
| program. Under the program, the department of education shall pay | 43244 |
| a scholarship to the parent of each qualified special education | 43245 |
| child upon application of that parent pursuant to procedures and | 43246 |
| deadlines established by rule of the state board of education. | 43247 |
| Each scholarship shall be used only to pay tuition for the child | 43248 |
| on whose behalf the scholarship is awarded to attend a special | 43249 |
| education program that implements the child's individualized | 43250 |
| education program and that is operated by an alternative public | 43251 |
| provider or by a registered private provider. Each scholarship | 43252 |
| shall be in an amount not to exceed the lesser of the tuition | 43253 |
| charged for the child by the special education program or twenty | 43254 |
| thousand dollars. The purpose of the scholarship is to permit the | 43255 |
| parent of a qualified special education child the choice to send | 43256 |
| the child to a special education program, instead of the one | 43257 |
| operated by or for the school district in which the child is | 43258 |
| entitled to attend school, to receive the services prescribed in | 43259 |
| the child's individualized education program once the | 43260 |
| individualized education program is finalized. A scholarship under | 43261 |
| this section shall not be awarded to the parent of a child while | 43262 |
| the child's individualized education program is being developed by | 43263 |
| the school district in which the child is entitled to attend | 43264 |
| school, or while any administrative or judicial mediation or | 43265 |
| proceedings with respect to the content of the child's | 43266 |
| individualized education program are pending. A scholarship under | 43267 |
| this section shall not be used for a child to attend a public | 43268 |
| special education program that operates under a contract, compact, | 43269 |
| or other bilateral agreement between the school district in which | 43270 |
| the child is entitled to attend school and another school district | 43271 |
| or other public provider, or for a child to attend a community | 43272 |
| school established under Chapter 3314. of the Revised Code. | 43273 |
| However, nothing in this section or in any rule adopted by the | 43274 |
| state board shall prohibit a parent whose child attends a public | 43275 |
| special education program under a contract, compact, or other | 43276 |
| bilateral agreement, or a parent whose child attends a community | 43277 |
| school, from applying for and accepting a scholarship under this | 43278 |
| section so that the parent may withdraw the child from that | 43279 |
| program or community school and use the scholarship for the child | 43280 |
| to attend a special education program for which the parent is | 43281 |
| required to pay for services for the child. A child attending a | 43282 |
| special education program with a scholarship under this section | 43283 |
| shall continue to be entitled to transportation to and from that | 43284 |
| program in the manner prescribed by law. | 43285 |
| (C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and | 43286 |
| (B)(10) of section 3317.03 of the Revised Code, a child who is not | 43287 |
| a preschool child with a disability for whom a scholarship is | 43288 |
| awarded under this section shall be counted in the formula ADM | 43289 |
| and the category six special education ADM of the district in | 43290 |
| which the child is entitled to attend school and not in the | 43291 |
| formula ADM and the category six special education ADM of any | 43292 |
| other school district. As prescribed in divisions (B)(3)(h) and | 43293 |
| (B)(10) of section 3317.03 of the Revised Code, a child who is a | 43294 |
| preschool child with a disability for whom a scholarship is | 43295 |
| awarded under this section shall be counted in the preschool | 43296 |
| scholarship ADM and category six special education ADM of the | 43297 |
| school district in which the child is entitled to attend school | 43298 |
| and not in the preschool scholarship ADM or category six special | 43299 |
| education ADM of any other school district. | 43300 |
| (2) In each fiscal year, the department shall deduct from the | 43301 |
|
amounts paid to each school district under | 43302 |
| and 3317. of the Revised Code, and, if necessary, sections 321.24 | 43303 |
| and 323.156 of the Revised Code, the aggregate amount of | 43304 |
| scholarships awarded under this section for qualified special | 43305 |
| education children included in the formula ADM, or preschool | 43306 |
| scholarship ADM, and in the category six special education ADM of | 43307 |
| that school district as provided in division (C)(1) of this | 43308 |
|
section. | 43309 |
| services support under section 3306.05 of the Revised Code, the | 43310 |
| department shall add the district's preschool scholarship ADM to | 43311 |
| the district's formula ADM. | 43312 |
| The scholarships deducted shall be considered as an approved | 43313 |
|
special education and
related services expense | 43314 |
|
the school | 43315 |
| 43316 |
| (3) From time to time, the department shall make a payment to | 43317 |
| the parent of each qualified special education child for whom a | 43318 |
| scholarship has been awarded under this section. The scholarship | 43319 |
| amount shall be proportionately reduced in the case of any such | 43320 |
| child who is not enrolled in the special education program for | 43321 |
| which a scholarship was awarded under this section for the entire | 43322 |
| school year. The department shall make no payments to the parent | 43323 |
| of a child while any administrative or judicial mediation or | 43324 |
| proceedings with respect to the content of the child's | 43325 |
| individualized education program are pending. | 43326 |
| (D) A scholarship shall not be paid to a parent for payment | 43327 |
| of tuition owed to a nonpublic entity unless that entity is a | 43328 |
| registered private provider. The department shall approve | 43329 |
| entities that meet the standards established by rule of the state | 43330 |
| board for the program established under this section. | 43331 |
| (E) The state board shall adopt rules under Chapter 119. of | 43332 |
| the Revised Code prescribing procedures necessary to implement | 43333 |
| this section, including, but not limited to, procedures and | 43334 |
| deadlines for parents to apply for scholarships, standards for | 43335 |
| registered private providers, and procedures for approval of | 43336 |
| entities as registered private providers. | 43337 |
| Sec. 3311.0510. (A) If all of the local school districts | 43338 |
| that make up the territory of an educational service center have | 43339 |
| severed from the territory of that service center pursuant to | 43340 |
| section 3311.059 of the Revised Code, upon the effective date of | 43341 |
| the severance of the last remaining local school district to make | 43342 |
| up the territory of the service center, the governing board of | 43343 |
| that service center shall be abolished and such service center | 43344 |
| shall be dissolved by order of the superintendent of public | 43345 |
| instruction. The superintendent's order shall provide for the | 43346 |
| equitable division and disposition of the assets, property, | 43347 |
| debts, and obligations of the service center among the local | 43348 |
| school districts, of which the territory of the service center is | 43349 |
| or previously was made up, and shall provide that the tax | 43350 |
| duplicate of each of those local school districts shall be bound | 43351 |
| for and assume the district's equitable share of the outstanding | 43352 |
| indebtedness of the service center. The superintendent's order is | 43353 |
| final and is not appealable. | 43354 |
| Immediately upon the abolishment of the service center | 43355 |
| governing board pursuant to this section, the superintendent | 43356 |
| shall appoint a qualified individual to administer the | 43357 |
| dissolution of the service center and to implement the terms of | 43358 |
| the superintendent's dissolution order. Prior to distributing | 43359 |
| assets to any local school district, but after paying in full | 43360 |
| other debts and obligations of the service center, the | 43361 |
| superintendent of public instruction may assess against the | 43362 |
| remaining assets of the service center the amount of the costs | 43363 |
| incurred by the department of education in performing the | 43364 |
| superintendent's duties under this division, including the fees, | 43365 |
| if any, owed to the individual appointed to administer the | 43366 |
| superintendent's dissolution order. Any excess cost incurred by | 43367 |
| the department under this division shall be divided equitably | 43368 |
| among the local school districts, of which the territory of the | 43369 |
| service center is or previously was made up, and each district's | 43370 |
| share of that excess cost shall be bound against the tax duplicate | 43371 |
| of that district. | 43372 |
| (B) A final audit of the former service center shall be | 43373 |
| performed in accordance with procedures established by the | 43374 |
| auditor of state. | 43375 |
| (C) The public records of an educational service center that | 43376 |
| is dissolved under this section shall be transferred in accordance | 43377 |
| with this division. Public records maintained by the service | 43378 |
| center in connection with services provided by the service center | 43379 |
| to local school districts shall be transferred to each of the | 43380 |
| respective local school districts. Public records maintained by | 43381 |
| the service center in connection with services provided under an | 43382 |
| agreement with a city or exempted village school district pursuant | 43383 |
| to section 3313.843 of the Revised Code shall be transferred to | 43384 |
| each of the respective city or exempted village school districts. | 43385 |
| All other public records maintained by the service center at the | 43386 |
| time the service center ceases operations shall be transferred to | 43387 |
| the Ohio historical society for analysis and disposition by the | 43388 |
| society in its capacity as archives administrator for the state | 43389 |
| and its political subdivisions pursuant to division (C) of section | 43390 |
| 149.30 and section 149.31 of the Revised Code. | 43391 |
| Sec. 3311.06. (A) As used in this section: | 43392 |
| (1) "Annexation" and "annexed" mean annexation for municipal | 43393 |
| purposes under sections 709.02 to 709.37 of the Revised Code. | 43394 |
| (2) "Annexed territory" means territory that has been annexed | 43395 |
| for municipal purposes to a city served by an urban school | 43396 |
| district, but on September 24, 1986, has not been transferred to | 43397 |
| the urban school district. | 43398 |
| (3) "Urban school district" means a city school district with | 43399 |
| an average daily membership for the 1985-1986 school year in | 43400 |
| excess of twenty thousand that is the school district of a city | 43401 |
| that contains annexed territory. | 43402 |
| (4) "Annexation agreement" means an agreement entered into | 43403 |
| under division (F) of this section that has been approved by the | 43404 |
| state board of education or an agreement entered into prior to | 43405 |
| September 24, 1986, that meets the requirements of division (F) of | 43406 |
| this section and has been filed with the state board. | 43407 |
| (B) The territory included within the boundaries of a city, | 43408 |
| local, exempted village, or joint vocational school district shall | 43409 |
| be contiguous except where a natural island forms an integral part | 43410 |
| of the district, where the state board of education authorizes a | 43411 |
| noncontiguous school district, as provided in division (E)(1) of | 43412 |
| this section, or where a local school district is created pursuant | 43413 |
| to section 3311.26 of the Revised Code from one or more local | 43414 |
| school districts, one of which has entered into an agreement under | 43415 |
| section 3313.42 of the Revised Code. | 43416 |
| (C)(1) When all of the territory of a school district is | 43417 |
| annexed to a city or village, such territory thereby becomes a | 43418 |
| part of the city school district or the school district of which | 43419 |
| the village is a part, and the legal title to school property in | 43420 |
| such territory for school purposes shall be vested in the board of | 43421 |
| education of the city school district or the school district of | 43422 |
| which the village is a part. | 43423 |
| (2) When the territory so annexed to a city or village | 43424 |
| comprises part but not all of the territory of a school district, | 43425 |
| the said territory becomes part of the city school district or the | 43426 |
| school district of which the village is a part only upon approval | 43427 |
| by the state board of education, unless the district in which the | 43428 |
| territory is located is a party to an annexation agreement with | 43429 |
| the city school district. | 43430 |
| Any urban school district that has not entered into an | 43431 |
| annexation agreement with any other school district whose | 43432 |
| territory would be affected by any transfer under this division | 43433 |
| and that desires to negotiate the terms of transfer with any such | 43434 |
| district shall conduct any negotiations under division (F) of this | 43435 |
| section as part of entering into an annexation agreement with such | 43436 |
| a district. | 43437 |
| Any school district, except an urban school district, | 43438 |
| desiring state board approval of a transfer under this division | 43439 |
| shall make a good faith effort to negotiate the terms of transfer | 43440 |
| with any other school district whose territory would be affected | 43441 |
| by the transfer. Before the state board may approve any transfer | 43442 |
| of territory to a school district, except an urban school | 43443 |
| district, under this section, it must receive the following: | 43444 |
| (a) A resolution requesting approval of the transfer, passed | 43445 |
| by at least one of the school districts whose territory would be | 43446 |
| affected by the transfer; | 43447 |
| (b) Evidence determined to be sufficient by the state board | 43448 |
| to show that good faith negotiations have taken place or that the | 43449 |
| district requesting the transfer has made a good faith effort to | 43450 |
| hold such negotiations; | 43451 |
| (c) If any negotiations took place, a statement signed by all | 43452 |
| boards that participated in the negotiations, listing the terms | 43453 |
| agreed on and the points on which no agreement could be reached. | 43454 |
| (D) The state board of education shall adopt rules governing | 43455 |
| negotiations held by any school district except an urban school | 43456 |
| district pursuant to division (C)(2) of this section. The rules | 43457 |
| shall encourage the realization of the following goals: | 43458 |
| (1) A discussion by the negotiating districts of the present | 43459 |
| and future educational needs of the pupils in each district; | 43460 |
| (2) The educational, financial, and territorial stability of | 43461 |
| each district affected by the transfer; | 43462 |
| (3) The assurance of appropriate educational programs, | 43463 |
| services, and opportunities for all the pupils in each | 43464 |
| participating district, and adequate planning for the facilities | 43465 |
| needed to provide these programs, services, and opportunities. | 43466 |
| Districts involved in negotiations under such rules may agree | 43467 |
| to share revenues from the property included in the territory to | 43468 |
| be transferred, establish cooperative programs between the | 43469 |
| participating districts, and establish mechanisms for the | 43470 |
| settlement of any future boundary disputes. | 43471 |
| (E)(1) If territory annexed after September 24, 1986, is part | 43472 |
| of a school district that is a party to an annexation agreement | 43473 |
| with the urban school district serving the annexing city, the | 43474 |
| transfer of such territory shall be governed by the agreement. If | 43475 |
| the agreement does not specify how the territory is to be dealt | 43476 |
| with, the boards of education of the district in which the | 43477 |
| territory is located and the urban school district shall negotiate | 43478 |
| with regard to the transfer of the territory which shall be | 43479 |
| transferred to the urban school district unless, not later than | 43480 |
| ninety days after the effective date of municipal annexation, the | 43481 |
| boards of education of both districts, by resolution adopted by a | 43482 |
| majority of the members of each board, agree that the territory | 43483 |
| will not be transferred and so inform the state board of | 43484 |
| education. | 43485 |
| If territory is transferred under this division the transfer | 43486 |
| shall take effect on the first day of July occurring not sooner | 43487 |
| than ninety-one days after the effective date of the municipal | 43488 |
| annexation. Territory transferred under this division need not be | 43489 |
| contiguous to the district to which it is transferred. | 43490 |
| (2) Territory annexed prior to September 24, 1986, by a city | 43491 |
| served by an urban school district shall not be subject to | 43492 |
| transfer under this section if the district in which the territory | 43493 |
| is located is a party to an annexation agreement or becomes a | 43494 |
| party to such an agreement not later than ninety days after | 43495 |
| September 24, 1986. If the district does not become a party to an | 43496 |
| annexation agreement within the ninety-day period, transfer of | 43497 |
| territory shall be governed by division (C)(2) of this section. If | 43498 |
| the district subsequently becomes a party to an agreement, | 43499 |
| territory annexed prior to September 24, 1986, other than | 43500 |
| territory annexed under division (C)(2) of this section prior to | 43501 |
| the effective date of the agreement, shall not be subject to | 43502 |
| transfer under this section. | 43503 |
| (F) An urban school district may enter into a comprehensive | 43504 |
| agreement with one or more school districts under which transfers | 43505 |
| of territory annexed by the city served by the urban school | 43506 |
| district after September 24, 1986, shall be governed by the | 43507 |
| agreement. Such agreement must provide for the establishment of a | 43508 |
| cooperative education program under section 3313.842 of the | 43509 |
| Revised Code in which all the parties to the agreement are | 43510 |
| participants and must be approved by resolution of the majority of | 43511 |
| the members of each of the boards of education of the school | 43512 |
| districts that are parties to it. An agreement may provide for | 43513 |
| interdistrict payments based on local revenue growth resulting | 43514 |
| from development in any territory annexed by the city served by | 43515 |
| the urban school district. | 43516 |
| An agreement entered into under this division may be altered, | 43517 |
| modified, or terminated only by agreement, by resolution approved | 43518 |
| by the majority of the members of each board of education, of all | 43519 |
| school districts that are parties to the agreement, except that | 43520 |
| with regard to any provision that affects only the urban school | 43521 |
| district and one of the other districts that is a party, that | 43522 |
| district and the urban district may modify or alter the agreement | 43523 |
| by resolution approved by the majority of the members of the board | 43524 |
| of that district and the urban district. Alterations, | 43525 |
| modifications, terminations, and extensions of an agreement | 43526 |
| entered into under this division do not require approval of the | 43527 |
| state board of education, but shall be filed with the board after | 43528 |
| approval and execution by the parties. | 43529 |
| If an agreement provides for interdistrict payments, each | 43530 |
| party to the agreement, except any school district specifically | 43531 |
| exempted by the agreement, shall agree to make an annual payment | 43532 |
| to the urban school district with respect to any of its territory | 43533 |
| that is annexed territory in an amount not to exceed the amount | 43534 |
| certified for that year under former section 3317.029 of the | 43535 |
| Revised Code as that section existed prior to July 1, 1998; except | 43536 |
| that such limitation of annual payments to amounts certified under | 43537 |
| former section 3317.029 of the Revised Code does not apply to | 43538 |
| agreements or extensions of agreements entered into on or after | 43539 |
| June 1, 1992, unless such limitation is expressly agreed to by the | 43540 |
| parties. The agreement may provide that all or any part of the | 43541 |
| payment shall be waived if the urban school district receives its | 43542 |
| payment with respect to such annexed territory under former | 43543 |
| section 3317.029 of the Revised Code and that all or any part of | 43544 |
| such payment may be waived if the urban school district does not | 43545 |
| receive its payment with respect to such annexed territory under | 43546 |
| such section. | 43547 |
| With respect to territory that is transferred to the urban | 43548 |
| school district after September 24, 1986, the agreement may | 43549 |
| provide for annual payments by the urban school district to the | 43550 |
| school district whose territory is transferred to the urban school | 43551 |
| district subsequent to annexation by the city served by the urban | 43552 |
| school district. | 43553 |
| (G) In the event territory is transferred from one school | 43554 |
| district to another under this section, an equitable division of | 43555 |
| the funds and indebtedness between the districts involved shall be | 43556 |
| made under the supervision of the state board of education and | 43557 |
| that board's decision shall be final. Such division shall not | 43558 |
| include funds payable to or received by a school district under | 43559 |
| Chapter 3306. or 3317. of the Revised Code or payable to or | 43560 |
| received by a school district from the United States or any | 43561 |
| department or agency thereof. In the event such transferred | 43562 |
| territory includes real property owned by a school district, the | 43563 |
| state board of education, as part of such division of funds and | 43564 |
| indebtedness, shall determine the true value in money of such real | 43565 |
| property and all buildings or other improvements thereon. The | 43566 |
| board of education of the school district receiving such territory | 43567 |
| shall forthwith pay to the board of education of the school | 43568 |
| district losing such territory such true value in money of such | 43569 |
| real property, buildings, and improvements less such percentage of | 43570 |
| the true value in money of each school building located on such | 43571 |
| real property as is represented by the ratio of the total | 43572 |
| enrollment in day classes of the pupils residing in the territory | 43573 |
| transferred enrolled at such school building in the school year in | 43574 |
| which such annexation proceedings were commenced to the total | 43575 |
| enrollment in day classes of all pupils residing in the school | 43576 |
| district losing such territory enrolled at such school building in | 43577 |
| such school year. The school district receiving such payment shall | 43578 |
| place the proceeds thereof in its sinking fund or bond retirement | 43579 |
| fund. | 43580 |
| (H) The state board of education, before approving such | 43581 |
| transfer of territory, shall determine that such payment has been | 43582 |
| made and shall apportion to the acquiring school district such | 43583 |
| percentage of the indebtedness of the school district losing the | 43584 |
| territory as is represented by the ratio that the assessed | 43585 |
| valuation of the territory transferred bears to the total assessed | 43586 |
| valuation of the entire school district losing the territory as of | 43587 |
| the effective date of the transfer, provided that in ascertaining | 43588 |
| the indebtedness of the school district losing the territory the | 43589 |
| state board of education shall disregard such percentage of the | 43590 |
| par value of the outstanding and unpaid bonds and notes of said | 43591 |
| school district issued for construction or improvement of the | 43592 |
| school building or buildings for which payment was made by the | 43593 |
| acquiring district as is equal to the percentage by which the true | 43594 |
| value in money of such building or buildings was reduced in fixing | 43595 |
| the amount of said payment. | 43596 |
| (I) No transfer of school district territory or division of | 43597 |
| funds and indebtedness incident thereto, pursuant to the | 43598 |
| annexation of territory to a city or village shall be completed in | 43599 |
| any other manner than that prescribed by this section regardless | 43600 |
| of the date of the commencement of such annexation proceedings, | 43601 |
| and this section applies to all proceedings for such transfers and | 43602 |
| divisions of funds and indebtedness pending or commenced on or | 43603 |
| after October 2, 1959. | 43604 |
| Sec. 3311.19. (A) The management and control of a joint | 43605 |
| vocational school district shall be vested in the joint vocational | 43606 |
| school district board of education. Where a joint vocational | 43607 |
| school district is composed only of two or more local school | 43608 |
| districts located in one county, or when all the participating | 43609 |
| districts are in one county and the boards of such participating | 43610 |
| districts so choose, the educational service center governing | 43611 |
| board of the county in which the joint vocational school district | 43612 |
| is located shall serve as the joint vocational school district | 43613 |
| board of education. Where a joint vocational school district is | 43614 |
| composed of local school districts of more than one county, or of | 43615 |
| any combination of city, local, or exempted village school | 43616 |
| districts or educational service centers, unless administration by | 43617 |
| the educational service center governing board has been chosen by | 43618 |
| all the participating districts in one county pursuant to this | 43619 |
| section, the board of education of the joint vocational school | 43620 |
| district shall be composed of one or more persons who are members | 43621 |
| of the boards of education from each of the city or exempted | 43622 |
| village school districts or members of the educational service | 43623 |
| centers' governing boards affected to be appointed by the boards | 43624 |
| of education or governing boards of such school districts and | 43625 |
| educational service centers. In such joint vocational school | 43626 |
| districts the number and terms of members of the joint vocational | 43627 |
| school district board of education and the allocation of a given | 43628 |
| number of members to each of the city and exempted village | 43629 |
| districts and educational service centers shall be determined in | 43630 |
| the plan for such district, provided that each such joint | 43631 |
| vocational school district board of education shall be composed of | 43632 |
| an odd number of members. | 43633 |
| (B) Notwithstanding division (A) of this section, a governing | 43634 |
| board of an educational service center that has members of its | 43635 |
| governing board serving on a joint vocational school district | 43636 |
| board of education may make a request to the joint vocational | 43637 |
| district board that the joint vocational school district plan be | 43638 |
| revised to provide for one or more members of boards of education | 43639 |
| of local school districts that are within the territory of the | 43640 |
| educational service district and within the joint vocational | 43641 |
| school district to serve in the place of or in addition to its | 43642 |
| educational service center governing board members. If agreement | 43643 |
| is obtained among a majority of the boards of education and | 43644 |
| governing boards that have a member serving on the joint | 43645 |
| vocational school district board of education and among a majority | 43646 |
| of the local school district boards of education included in the | 43647 |
| district and located within the territory of the educational | 43648 |
| service center whose board requests the substitution or addition, | 43649 |
| the state board of education may revise the joint vocational | 43650 |
| school district plan to conform with such agreement. | 43651 |
| (C) If the board of education of any school district or | 43652 |
| educational service center governing board included within a joint | 43653 |
| vocational district that has had its board or governing board | 43654 |
| membership revised under division (B) of this section requests the | 43655 |
| joint vocational school district board to submit to the state | 43656 |
| board of education a revised plan under which one or more joint | 43657 |
| vocational board members chosen in accordance with a plan revised | 43658 |
| under such division would again be chosen in the manner prescribed | 43659 |
| by division (A) of this section, the joint vocational board shall | 43660 |
| submit the revised plan to the state board of education, provided | 43661 |
| the plan is agreed to by a majority of the boards of education | 43662 |
| represented on the joint vocational board, a majority of the local | 43663 |
| school district boards included within the joint vocational | 43664 |
| district, and each educational service center governing board | 43665 |
| affected by such plan. The state board of education may revise the | 43666 |
| joint vocational school district plan to conform with the revised | 43667 |
| plan. | 43668 |
| (D) The vocational schools in such joint vocational school | 43669 |
| district shall be available to all youth of school age within the | 43670 |
| joint vocational school district subject to the rules adopted by | 43671 |
| the joint vocational school district board of education in regard | 43672 |
| to the standards requisite to admission. A joint vocational school | 43673 |
| district board of education shall have the same powers, duties, | 43674 |
| and authority for the management and operation of such joint | 43675 |
| vocational school district as is granted by law, except by this | 43676 |
| chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the | 43677 |
| Revised Code, to a board of education of a city school district, | 43678 |
| and shall be subject to all the provisions of law that apply to a | 43679 |
| city school district, except such provisions in this chapter and | 43680 |
| Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code. | 43681 |
| (E) Where a governing board of an educational service center | 43682 |
| has been designated to serve as the joint vocational school | 43683 |
| district board of education, the educational service center | 43684 |
| superintendent shall be the executive officer for the joint | 43685 |
| vocational school district, and the governing board may provide | 43686 |
| for additional compensation to be paid to the educational service | 43687 |
| center superintendent by the joint vocational school district, but | 43688 |
| the educational service center superintendent shall have no | 43689 |
| continuing tenure other than that of educational service center | 43690 |
| superintendent. The superintendent of schools of a joint | 43691 |
| vocational school district shall exercise the duties and authority | 43692 |
| vested by law in a superintendent of schools pertaining to the | 43693 |
| operation of a school district and the employment and supervision | 43694 |
| of its personnel. The joint vocational school district board of | 43695 |
| education shall appoint a treasurer of the joint vocational school | 43696 |
| district who shall be the fiscal officer for such district and who | 43697 |
| shall have all the powers, duties, and authority vested by law in | 43698 |
| a treasurer of a board of education. Where a governing board of an | 43699 |
| educational service center has been designated to serve as the | 43700 |
| joint vocational school district board of education, such board | 43701 |
| may appoint the educational service center superintendent as the | 43702 |
| treasurer of the joint vocational school district. | 43703 |
| (F) Each member of a joint vocational school district board | 43704 |
| of education may be paid such compensation as the board provides | 43705 |
| by resolution, but it shall not exceed one hundred twenty-five | 43706 |
| dollars per member for each meeting attended plus mileage, at the | 43707 |
| rate per mile provided by resolution of the board, to and from | 43708 |
| meetings of the board. | 43709 |
| The board may provide by resolution for the deduction of | 43710 |
| amounts payable for benefits under section 3313.202 of the Revised | 43711 |
| Code. | 43712 |
| Each member of a joint vocational school district board may | 43713 |
| be paid such compensation as the board provides by resolution for | 43714 |
| attendance at an approved training program, provided that such | 43715 |
| compensation shall not exceed sixty dollars per day for attendance | 43716 |
| at a training program three hours or fewer in length and one | 43717 |
| hundred twenty-five dollars a day for attendance at a training | 43718 |
| program longer than three hours in length. However, no board | 43719 |
| member shall be compensated for the same training program under | 43720 |
| this section and section 3313.12 of the Revised Code. | 43721 |
| Sec. 3311.21. (A) In addition to the resolutions authorized | 43722 |
| by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of | 43723 |
| the Revised Code, the board of education of a joint vocational or | 43724 |
| cooperative education school district by a vote of two-thirds of | 43725 |
| its full membership may at any time adopt a resolution declaring | 43726 |
| the necessity to levy a tax in excess of the ten-mill limitation | 43727 |
| for a period not to exceed ten years to provide funds for any one | 43728 |
| or more of the following purposes, which may be stated in the | 43729 |
| following manner in such resolution, the ballot, and the notice of | 43730 |
| election: purchasing a site or enlargement thereof and for the | 43731 |
| erection and equipment of buildings; for the purpose of enlarging, | 43732 |
| improving, or rebuilding thereof; for the purpose of providing for | 43733 |
| the current expenses of the joint vocational or cooperative school | 43734 |
| district; or for a continuing period for the purpose of providing | 43735 |
| for the current expenses of the joint vocational or cooperative | 43736 |
| education school district. The resolution shall specify the amount | 43737 |
| of the proposed rate and, if a renewal, whether the levy is to | 43738 |
| renew all, or a portion of, the existing levy, and shall specify | 43739 |
| the first year in which the levy will be imposed. If the levy | 43740 |
| provides for but is not limited to current expenses, the | 43741 |
| resolution shall apportion the annual rate of the levy between | 43742 |
| current expenses and the other purpose or purposes. Such | 43743 |
| apportionment may but need not be the same for each year of the | 43744 |
| levy, but the respective portions of the rate actually levied each | 43745 |
| year for current expenses and the other purpose or purposes shall | 43746 |
| be limited by such apportionment. The portion of any such rate | 43747 |
| actually levied for current expenses of a joint vocational or | 43748 |
| cooperative education school district shall be used in applying | 43749 |
| division (A)(1) of section 3306.01 and division (A) of section | 43750 |
| 3317.01 of the Revised Code. The portion of any such rate not | 43751 |
| apportioned to the current expenses of a joint vocational or | 43752 |
| cooperative education school district shall be used in applying | 43753 |
| division (B) of this section. On the adoption of such resolution, | 43754 |
| the joint vocational or cooperative education school district | 43755 |
| board of education shall certify the resolution to the board of | 43756 |
| elections of the county containing the most populous portion of | 43757 |
| the district, which board shall receive resolutions for filing | 43758 |
| and send them to the boards of elections of each county in which | 43759 |
| territory of the district is located, furnish all ballots for the | 43760 |
| election as provided in section 3505.071 of the Revised Code, and | 43761 |
| prepare the election notice; and the board of elections of each | 43762 |
| county in which the territory of such district is located shall | 43763 |
| make the other necessary arrangements for the submission of the | 43764 |
| question to the electors of the joint vocational or cooperative | 43765 |
| education school district at the next primary or general election | 43766 |
| occurring not less than seventy-five days after the resolution | 43767 |
| was received from the joint vocational or cooperative education | 43768 |
| school district board of education, or at a special election to | 43769 |
| be held at a time designated by the district board of education | 43770 |
| consistent with the requirements of section 3501.01 of the | 43771 |
| Revised Code, which date shall not be earlier than seventy-five | 43772 |
| days after the adoption and certification of the resolution. | 43773 |
| The board of elections of the county or counties in which | 43774 |
| territory of the joint vocational or cooperative education school | 43775 |
| district is located shall cause to be published in one or more | 43776 |
| newspapers of general circulation in that district an | 43777 |
| advertisement of the proposed tax levy question together with a | 43778 |
| statement of the amount of the proposed levy once a week for two | 43779 |
| consecutive weeks, prior to the election at which the question is | 43780 |
| to appear on the ballot, and, if the board of elections operates | 43781 |
| and maintains a web site, the board also shall post a similar | 43782 |
| advertisement on its web site for thirty days prior to that | 43783 |
| election. | 43784 |
| If a majority of the electors voting on the question of | 43785 |
| levying such tax vote in favor of the levy, the joint vocational | 43786 |
| or cooperative education school district board of education shall | 43787 |
| annually make the levy within the district at the rate specified | 43788 |
| in the resolution and ballot or at any lesser rate, and the county | 43789 |
| auditor of each affected county shall annually place the levy on | 43790 |
| the tax list and duplicate of each school district in the county | 43791 |
| having territory in the joint vocational or cooperative education | 43792 |
| school district. The taxes realized from the levy shall be | 43793 |
| collected at the same time and in the same manner as other taxes | 43794 |
| on the duplicate, and the taxes, when collected, shall be paid to | 43795 |
| the treasurer of the joint vocational or cooperative education | 43796 |
| school district and deposited to a special fund, which shall be | 43797 |
| established by the joint vocational or cooperative education | 43798 |
| school district board of education for all revenue derived from | 43799 |
| any tax levied pursuant to this section and for the proceeds of | 43800 |
| anticipation notes which shall be deposited in such fund. After | 43801 |
| the approval of the levy, the joint vocational or cooperative | 43802 |
| education school district board of education may anticipate a | 43803 |
| fraction of the proceeds of the levy and from time to time, during | 43804 |
| the life of the levy, but in any year prior to the time when the | 43805 |
| tax collection from the levy so anticipated can be made for that | 43806 |
| year, issue anticipation notes in an amount not exceeding fifty | 43807 |
| per cent of the estimated proceeds of the levy to be collected in | 43808 |
| each year up to a period of five years after the date of the | 43809 |
| issuance of the notes, less an amount equal to the proceeds of the | 43810 |
| levy obligated for each year by the issuance of anticipation | 43811 |
| notes, provided that the total amount maturing in any one year | 43812 |
| shall not exceed fifty per cent of the anticipated proceeds of the | 43813 |
| levy for that year. Each issue of notes shall be sold as provided | 43814 |
| in Chapter 133. of the Revised Code, and shall, except for such | 43815 |
| limitation that the total amount of such notes maturing in any one | 43816 |
| year shall not exceed fifty per cent of the anticipated proceeds | 43817 |
| of the levy for that year, mature serially in substantially equal | 43818 |
| installments, during each year over a period not to exceed five | 43819 |
| years after their issuance. | 43820 |
| (B) Prior to the application of section 319.301 of the | 43821 |
| Revised Code, the rate of a levy that is limited to, or to the | 43822 |
| extent that it is apportioned to, purposes other than current | 43823 |
| expenses shall be reduced in the same proportion in which the | 43824 |
| district's total valuation increases during the life of the levy | 43825 |
| because of additions to such valuation that have resulted from | 43826 |
| improvements added to the tax list and duplicate. | 43827 |
| (C) The form of ballot cast at an election under division (A) | 43828 |
| of this section shall be as prescribed by section 5705.25 of the | 43829 |
| Revised Code. | 43830 |
| Sec. 3311.29. (A) Except as provided under division (B) or | 43831 |
| (C) of this section, no school district shall be created and no | 43832 |
| school district shall exist which does not maintain within such | 43833 |
| district public schools consisting of grades kindergarten through | 43834 |
| twelve and any such existing school district not maintaining such | 43835 |
| schools shall be dissolved and its territory joined with another | 43836 |
| school district or districts by order of the state board of | 43837 |
| education if no agreement is made among the surrounding districts | 43838 |
| voluntarily, which order shall provide an equitable division of | 43839 |
| the funds, property, and indebtedness of the dissolved school | 43840 |
| district among the districts receiving its territory. The state | 43841 |
| board of education may authorize exceptions to school districts | 43842 |
| where topography, sparsity of population, and other factors make | 43843 |
| compliance impracticable. | 43844 |
| The superintendent of public instruction is without authority | 43845 |
|
to distribute funds under | 43846 |
| 3306. or 3317. of the Revised Code to any school district that | 43847 |
| does not maintain schools with grades kindergarten through twelve | 43848 |
| and to which no exception has been granted by the state board of | 43849 |
| education. | 43850 |
| (B) Division (A) of this section does not apply to any joint | 43851 |
| vocational school district or any cooperative education school | 43852 |
| district established pursuant to divisions (A) to (C) of section | 43853 |
| 3311.52 of the Revised Code. | 43854 |
| (C)(1)(a) Except as provided in division (C)(3) of this | 43855 |
| section, division (A) of this section does not apply to any | 43856 |
| cooperative education school district established pursuant to | 43857 |
| section 3311.521 of the Revised Code nor to the city, exempted | 43858 |
| village, or local school districts that have territory within such | 43859 |
| a cooperative education district. | 43860 |
| (b) The cooperative district and each city, exempted village, | 43861 |
| or local district with territory within the cooperative district | 43862 |
| shall maintain the grades that the resolution adopted or amended | 43863 |
| pursuant to section 3311.521 of the Revised Code specifies. | 43864 |
| (2) Any cooperative education school district described under | 43865 |
| division (C)(1) of this section that fails to maintain the grades | 43866 |
| it is specified to operate shall be dissolved by order of the | 43867 |
| state board of education unless prior to such an order the | 43868 |
| cooperative district is dissolved pursuant to section 3311.54 of | 43869 |
| the Revised Code. Any such order shall provide for the equitable | 43870 |
| adjustment, division, and disposition of the assets, property, | 43871 |
| debts, and obligations of the district among each city, local, and | 43872 |
| exempted village school district whose territory is in the | 43873 |
| cooperative district and shall provide that the tax duplicate of | 43874 |
| each city, local, and exempted village school district whose | 43875 |
| territory is in the cooperative district shall be bound for and | 43876 |
| assume its share of the outstanding indebtedness of the | 43877 |
| cooperative district. | 43878 |
| (3) If any city, exempted village, or local school district | 43879 |
| described under division (C)(1) of this section fails to maintain | 43880 |
| the grades it is specified to operate the cooperative district | 43881 |
| within which it has territory shall be dissolved in accordance | 43882 |
| with division (C)(2) of this section and upon that dissolution any | 43883 |
| city, exempted village, or local district failing to maintain | 43884 |
| grades kindergarten through twelve shall be subject to the | 43885 |
| provisions for dissolution in division (A) of this section. | 43886 |
| Sec. 3311.52. A cooperative education school district may be | 43887 |
| established pursuant to divisions (A) to (C) of this section or | 43888 |
| pursuant to section 3311.521 of the Revised Code. | 43889 |
| (A) A cooperative education school district may be | 43890 |
| established upon the adoption of identical resolutions within a | 43891 |
| sixty-day period by a majority of the members of the board of | 43892 |
| education of each city, local, and exempted village school | 43893 |
| district that is within the territory of a county school financing | 43894 |
| district. | 43895 |
| A copy of each resolution shall be filed with the governing | 43896 |
|
board | 43897 |
| the county school financing district. Upon the filing of the last | 43898 |
| such resolution, the educational service center governing board | 43899 |
| shall immediately notify each board of education filing such a | 43900 |
| resolution of the date on which the last resolution was filed. | 43901 |
| Ten days after the date on which the last resolution is filed | 43902 |
| with the educational service center governing board or ten days | 43903 |
| after the last of any notices required under division (C) of this | 43904 |
| section is received by the educational service center governing | 43905 |
| board, whichever is later, the county school financing district | 43906 |
| shall be dissolved and the new cooperative education school | 43907 |
| district and the board of education of the cooperative education | 43908 |
| school district shall be established. | 43909 |
| On the date that any county school financing district is | 43910 |
| dissolved and a cooperative education school district is | 43911 |
| established under this section, each of the following shall apply: | 43912 |
| (1) The territory of the dissolved district becomes the | 43913 |
| territory of the new district. | 43914 |
| (2) Any outstanding tax levy in force in the dissolved | 43915 |
| district shall be spread over the territory of the new district | 43916 |
| and shall remain in force in the new district until the levy | 43917 |
| expires or is renewed. | 43918 |
| (3) Any funds of the dissolved district shall be paid over in | 43919 |
| full to the new district. | 43920 |
| (4) Any net indebtedness of the dissolved district shall be | 43921 |
| assumed in full by the new district. As used in division (A)(4) of | 43922 |
| this section, "net indebtedness" means the difference between the | 43923 |
| par value of the outstanding and unpaid bonds and notes of the | 43924 |
| dissolved district and the amount held in the sinking fund and | 43925 |
| other indebtedness retirement funds for their redemption. | 43926 |
| When a county school financing district is dissolved and a | 43927 |
| cooperative education school district is established under this | 43928 |
| section, the governing board of the educational service center | 43929 |
| that created the dissolved district shall give written notice of | 43930 |
| this fact to the county auditor and the board of elections of each | 43931 |
| county having any territory in the new district. | 43932 |
| (B) The resolutions adopted under division (A) of this | 43933 |
| section shall include all of the following provisions: | 43934 |
| (1) Provision that the governing board of the educational | 43935 |
| service center which created the county school financing district | 43936 |
| shall be the board of education of the cooperative education | 43937 |
| school district, except that provision may be made for the | 43938 |
| composition, selection, and terms of office of an alternative | 43939 |
| board of education of the cooperative district, which board shall | 43940 |
| include at least one member selected from or by the members of the | 43941 |
| board of education of each city, local, and exempted village | 43942 |
| school district and at least one member selected from or by the | 43943 |
| members of the educational service center governing board within | 43944 |
| the territory of the cooperative district; | 43945 |
| (2) Provision that the treasurer and superintendent of the | 43946 |
| educational service center which created the county school | 43947 |
| financing district shall be the treasurer and superintendent of | 43948 |
| the cooperative education school district, except that provision | 43949 |
| may be made for the selection of a treasurer or superintendent of | 43950 |
| the cooperative district other than the treasurer or | 43951 |
| superintendent of the educational service center, which provision | 43952 |
| shall require one of the following: | 43953 |
| (a) The selection of one person as both the treasurer and | 43954 |
| superintendent of the cooperative district, which provision may | 43955 |
| require such person to be the treasurer or superintendent of any | 43956 |
| city, local, or exempted village school district or educational | 43957 |
| service center within the territory of the cooperative district; | 43958 |
| (b) The selection of one person as the treasurer and another | 43959 |
| person as the superintendent of the cooperative district, which | 43960 |
| provision may require either one or both such persons to be | 43961 |
| treasurers or superintendents of any city, local, or exempted | 43962 |
| village school districts or educational service center within the | 43963 |
| territory of the cooperative district. | 43964 |
| (3) A statement of the educational program the board of | 43965 |
| education of the cooperative education school district will | 43966 |
| conduct, including but not necessarily limited to the type of | 43967 |
| educational program, the grade levels proposed for inclusion in | 43968 |
| the program, the timetable for commencing operation of the | 43969 |
| program, and the facilities proposed to be used or constructed to | 43970 |
| be used by the program; | 43971 |
| (4) A statement of the annual amount, or the method for | 43972 |
| determining that amount, of funds or services or facilities that | 43973 |
| each city, local, and exempted village school district within the | 43974 |
| territory of the cooperative district is required to pay to or | 43975 |
| provide for the use of the board of education of the cooperative | 43976 |
| education school district; | 43977 |
| (5) Provision for adopting amendments to the provisions of | 43978 |
| divisions (B)(2) to (4) of this section. | 43979 |
| (C) If the resolutions adopted under division (A) of this | 43980 |
| section provide for a board of education of the cooperative | 43981 |
| education school district that is not the governing board of the | 43982 |
| educational service center that created the county school | 43983 |
| financing district, each board of education of each city, local, | 43984 |
| or exempted village school district and the governing board of the | 43985 |
| educational service center within the territory of the cooperative | 43986 |
| district shall, within thirty days after the date on which the | 43987 |
| last resolution is filed with the educational service center | 43988 |
| governing board under division (A) of this section, select one or | 43989 |
| more members of the board of education of the cooperative district | 43990 |
| as provided in the resolutions filed with the educational service | 43991 |
| center governing board. Each such board shall immediately notify | 43992 |
|
the educational
| 43993 |
| such selection. | 43994 |
| (D) Except for the powers and duties in this chapter and | 43995 |
| Chapters 124., 3306., 3317., 3318., 3323., and 3331. of the | 43996 |
| Revised Code, a cooperative education school district established | 43997 |
| pursuant to divisions (A) to (C) of this section or pursuant to | 43998 |
| section 3311.521 of the Revised Code has all the powers of a city | 43999 |
| school district and its board of education has all the powers and | 44000 |
| duties of a board of education of a city school district with | 44001 |
| respect to the educational program specified in the resolutions | 44002 |
| adopted under division (A) of this section. All laws applicable to | 44003 |
| a city school district or the board of education or the members of | 44004 |
| the board of education of a city school district, except such laws | 44005 |
| in this chapter and Chapters 124., 3306., 3317., 3318., 3323., and | 44006 |
| 3331. of the Revised Code, are applicable to a cooperative | 44007 |
| education school district and its board. | 44008 |
| The treasurer and superintendent of a cooperative education | 44009 |
| school district shall have the same respective duties and powers | 44010 |
| as a treasurer and superintendent of a city school district, | 44011 |
| except for any powers and duties in this chapter and Chapters | 44012 |
| 124., 3306., 3317., 3318., 3323., and 3331. of the Revised Code. | 44013 |
| (E) For purposes of this title, any student included in the | 44014 |
| formula ADM certified for any city, exempted village, or local | 44015 |
| school district under section 3317.03 of the Revised Code by | 44016 |
| virtue of being counted, in whole or in part, in the average daily | 44017 |
| membership of a cooperative education school district under | 44018 |
|
division (A)(2) | 44019 |
|
enrolled both in that city, exempted village, or
| 44020 |
| school district and in that cooperative education school district. | 44021 |
| This division shall not be construed to mean that any such | 44022 |
| individual student may be counted more than once for purposes of | 44023 |
| determining the average daily membership of any one school | 44024 |
| district. | 44025 |
| Sec. 3311.76. (A) Notwithstanding Chapters 3302., 3306., and | 44026 |
| 3317. of the Revised Code, upon written request of the district | 44027 |
| chief executive officer the state superintendent of public | 44028 |
| instruction may exempt a municipal school district from any rules | 44029 |
| adopted under Title XXXIII of the Revised Code except for any rule | 44030 |
| adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21, | 44031 |
| or Chapter 3323. of the Revised Code, and may authorize a | 44032 |
| municipal school district to apply funds allocated to the district | 44033 |
|
under
| 44034 |
| those specifically allocated to purposes other than current | 44035 |
| expenses, to the payment of debt charges on the district's public | 44036 |
| obligations. The request must specify the provisions from which | 44037 |
| the district is seeking exemption or the application requested and | 44038 |
| the reasons for the request. The state superintendent shall | 44039 |
| approve the request if the superintendent finds the requested | 44040 |
| exemption or application is in the best interest of the district's | 44041 |
| students. The superintendent shall approve or disapprove the | 44042 |
| request within thirty days and shall notify the district board and | 44043 |
| the district chief executive officer of approval or reasons for | 44044 |
| disapproving the request. | 44045 |
| (B) In addition to the rights, authority, and duties | 44046 |
| conferred upon a municipal school district and its board of | 44047 |
| education in sections 3311.71 to 3311.76 of the Revised Code, a | 44048 |
| municipal school district and its board shall have all of the | 44049 |
| rights, authority, and duties conferred upon a city school | 44050 |
| district and its board by law that are not inconsistent with | 44051 |
| sections 3311.71 to 3311.76 of the Revised Code. | 44052 |
| Sec. 3313.41. (A) Except as provided in divisions (C), (D), | 44053 |
| and
(F) | 44054 |
| decides to dispose of real or personal property that it owns in | 44055 |
| its corporate capacity and that exceeds in value ten thousand | 44056 |
| dollars, it shall sell the property at public auction, after | 44057 |
| giving at least thirty days' notice of the auction by publication | 44058 |
| in a newspaper of general circulation or by posting notices in | 44059 |
| five of the most public places in the school district in which the | 44060 |
| property, if it is real property, is situated, or, if it is | 44061 |
| personal property, in the school district of the board of | 44062 |
| education that owns the property. The board may offer real | 44063 |
| property for sale as an entire tract or in parcels. | 44064 |
| (B) When the board of education has offered real or personal | 44065 |
| property for sale at public auction at least once pursuant to | 44066 |
| division (A) of this section, and the property has not been sold, | 44067 |
| the board may sell it at a private sale. Regardless of how it was | 44068 |
| offered at public auction, at a private sale, the board shall, as | 44069 |
| it considers best, sell real property as an entire tract or in | 44070 |
| parcels, and personal property in a single lot or in several lots. | 44071 |
| (C) If a board of education decides to dispose of real or | 44072 |
| personal property that it owns in its corporate capacity and that | 44073 |
| exceeds in value ten thousand dollars, it may sell the property to | 44074 |
| the adjutant general; to any subdivision or taxing authority as | 44075 |
| respectively defined in divisions (A) and (C) of section 5705.01 | 44076 |
| of the Revised Code, township park district, board of park | 44077 |
| commissioners established under Chapter 755. of the Revised Code, | 44078 |
| or park district established under Chapter 1545. of the Revised | 44079 |
| Code; to a wholly or partially tax-supported university, | 44080 |
| university branch, or college; or to the board of trustees of a | 44081 |
| school district library, upon such terms as are agreed upon. The | 44082 |
| sale of real or personal property to the board of trustees of a | 44083 |
| school district library is limited, in the case of real property, | 44084 |
| to a school district library within whose boundaries the real | 44085 |
| property is situated, or, in the case of personal property, to a | 44086 |
| school district library whose boundaries lie in whole or in part | 44087 |
| within the school district of the selling board of education. | 44088 |
| (D) When a board of education decides to trade as a part or | 44089 |
| an entire consideration, an item of personal property on the | 44090 |
| purchase price of an item of similar personal property, it may | 44091 |
| trade the same upon such terms as are agreed upon by the parties | 44092 |
| to the trade. | 44093 |
| (E) The president and the treasurer of the board of education | 44094 |
| shall execute and deliver deeds or other necessary instruments of | 44095 |
| conveyance to complete any sale or trade under this section. | 44096 |
| (F) When a board of education has identified a parcel of real | 44097 |
| property that it determines is needed for school purposes, the | 44098 |
| board may, upon a majority vote of the members of the board, | 44099 |
| acquire that property by exchanging real property that the board | 44100 |
| owns in its corporate capacity for the identified real property or | 44101 |
| by using real property that the board owns in its corporate | 44102 |
| capacity as part or an entire consideration for the purchase price | 44103 |
| of the identified real property. Any exchange or acquisition made | 44104 |
| pursuant to this division shall be made by a conveyance executed | 44105 |
| by the president and the treasurer of the board. | 44106 |
| (G) | 44107 |
| 44108 | |
| 44109 | |
| 44110 | |
| 44111 | |
| 44112 | |
| 44113 | |
| 44114 | |
| 44115 | |
| 44116 | |
| 44117 | |
| 44118 | |
| 44119 | |
| 44120 | |
| 44121 | |
| 44122 |
| | 44123 |
| 44124 | |
| 44125 | |
| 44126 | |
| 44127 | |
| 44128 | |
| 44129 | |
| 44130 | |
| 44131 | |
| 44132 | |
| 44133 | |
| 44134 | |
| 44135 | |
| 44136 |
| | 44137 |
| that the board, by resolution, finds is not needed for school | 44138 |
| district use, is obsolete, or is unfit for the use for which it | 44139 |
| was acquired, the board may donate that property in accordance | 44140 |
| with this division if the fair market value of the property is, in | 44141 |
| the opinion of the board, two thousand five hundred dollars or | 44142 |
| less. | 44143 |
| The property may be donated to an eligible nonprofit | 44144 |
| organization that is located in this state and is exempt from | 44145 |
| federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). | 44146 |
| Before donating any property under this division, the board shall | 44147 |
| adopt a resolution expressing its intent to make unneeded, | 44148 |
| obsolete, or unfit-for-use school district property available to | 44149 |
| these organizations. The resolution shall include guidelines and | 44150 |
| procedures the board considers to be necessary to implement the | 44151 |
| donation program and shall indicate whether the school district | 44152 |
| will conduct the donation program or the board will contract with | 44153 |
| a representative to conduct it. If a representative is known when | 44154 |
| the resolution is adopted, the resolution shall provide contact | 44155 |
| information such as the representative's name, address, and | 44156 |
| telephone number. | 44157 |
| The resolution shall include within its procedures a | 44158 |
| requirement that any nonprofit organization desiring to obtain | 44159 |
| donated property under this division shall submit a written notice | 44160 |
| to the board or its representative. The written notice shall | 44161 |
| include evidence that the organization is a nonprofit organization | 44162 |
| that is located in this state and is exempt from federal income | 44163 |
| taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of | 44164 |
| the organization's primary purpose; a description of the type or | 44165 |
| types of property the organization needs; and the name, address, | 44166 |
| and telephone number of a person designated by the organization's | 44167 |
| governing board to receive donated property and to serve as its | 44168 |
| agent. | 44169 |
| After adoption of the resolution, the board shall publish, in | 44170 |
| a newspaper of general circulation in the school district, notice | 44171 |
| of its intent to donate unneeded, obsolete, or unfit-for-use | 44172 |
| school district property to eligible nonprofit organizations. The | 44173 |
| notice shall include a summary of the information provided in the | 44174 |
| resolution and shall be published at least twice. The second and | 44175 |
| any subsequent notice shall be published not less than ten nor | 44176 |
| more than twenty days after the previous notice. A similar notice | 44177 |
| also shall be posted continually in the board's office, and, if | 44178 |
| the school district maintains a web site on the internet, the | 44179 |
| notice shall be posted continually at that web site. | 44180 |
| The board or its representatives shall maintain a list of all | 44181 |
| nonprofit organizations that notify the board or its | 44182 |
| representative of their desire to obtain donated property under | 44183 |
| this division and that the board or its representative determines | 44184 |
| to be eligible, in accordance with the requirements set forth in | 44185 |
| this section and in the donation program's guidelines and | 44186 |
| procedures, to receive donated property. | 44187 |
| The board or its representative also shall maintain a list of | 44188 |
| all school district property the board finds to be unneeded, | 44189 |
| obsolete, or unfit for use and to be available for donation under | 44190 |
| this division. The list shall be posted continually in a | 44191 |
| conspicuous location in the board's office, and, if the school | 44192 |
| district maintains a web site on the internet, the list shall be | 44193 |
| posted continually at that web site. An item of property on the | 44194 |
| list shall be donated to the eligible nonprofit organization that | 44195 |
| first declares to the board or its representative its desire to | 44196 |
| obtain the item unless the board previously has established, by | 44197 |
| resolution, a list of eligible nonprofit organizations that shall | 44198 |
| be given priority with respect to the item's donation. Priority | 44199 |
| may be given on the basis that the purposes of a nonprofit | 44200 |
| organization have a direct relationship to specific school | 44201 |
| district purposes of programs provided or administered by the | 44202 |
| board. A resolution giving priority to certain nonprofit | 44203 |
| organizations with respect to the donation of an item of property | 44204 |
| shall specify the reasons why the organizations are given that | 44205 |
| priority. | 44206 |
| Members of the board shall consult with the Ohio ethics | 44207 |
| commission, and comply with Chapters 102. and 2921. of the Revised | 44208 |
| Code, with respect to any donation under this division to a | 44209 |
| nonprofit organization of which a board member, any member of a | 44210 |
| board member's family, or any business associate of a board member | 44211 |
| is a trustee, officer, board member, or employee. | 44212 |
| Sec. 3313.48. (A) The board of education of each city, | 44213 |
| exempted village, local, and joint vocational school district | 44214 |
| shall provide for the free education of the youth of school age | 44215 |
| within the district under its jurisdiction, at such places as will | 44216 |
| be most convenient for the attendance of the largest number | 44217 |
| thereof. Except as provided in section 3313.481 of the Revised | 44218 |
| Code, each school so provided shall be open for instruction with | 44219 |
|
pupils in attendance | 44220 |
| section. | 44221 |
| (B) Each school shall be open for instruction as follows: | 44222 |
| (1) In each learning year prior to the learning year that | 44223 |
|
begins July 1, 2011, not less than one hundred eighty-two
days | 44224 |
| 44225 |
| (2) In each of the learning years beginning on July 1, 2011, | 44226 |
| and July 1, 2012, respectively, not less than one hundred | 44227 |
| eighty-six days; | 44228 |
| (3) In each of the learning years beginning on July 1, 2013, | 44229 |
| and July 1, 2014, respectively, not less than one hundred ninety | 44230 |
| days; | 44231 |
| (4) In each of the learning years beginning on July 1, 2015, | 44232 |
| and July 1, 2016, respectively, not less than one hundred | 44233 |
| ninety-four days; | 44234 |
| (5) In the learning year that begins on July 1, 2017, and in | 44235 |
| each learning year thereafter, not less than one hundred | 44236 |
| ninety-eight days. | 44237 |
| (C) The minimum learning year prescribed by division (B) of | 44238 |
| this section may include all of the following: | 44239 |
| | 44240 |
| dismissed one-half day early or the equivalent amount of time | 44241 |
| during a different number of days for the purpose of | 44242 |
| individualized parent-teacher conferences and reporting periods; | 44243 |
| | 44244 |
| when such days occur during a regular school week and schools are | 44245 |
| not in session; | 44246 |
| | 44247 |
|
of
public calamity, as provided in | 44248 |
| 3317.01 of the Revised Code. | 44249 |
| (D) The state board of education shall adopt standards for | 44250 |
|
defining | 44251 |
|
as used in this section and sections | 44252 |
| of the Revised Code. | 44253 |
| Except as otherwise provided in this section, each learning | 44254 |
| day for grades seven through twelve shall consist of not less than | 44255 |
| five clock hours with pupils in attendance, except in such | 44256 |
| emergency situations, including lack of classroom space, as are | 44257 |
| approved by the state board of education. Except as otherwise | 44258 |
| provided in this section, each learning day for grades one through | 44259 |
| six shall consist of not less than five clock hours with pupils in | 44260 |
| attendance which may include fifteen minute morning and afternoon | 44261 |
| recess periods, except in such emergency situations, including | 44262 |
| lack of classroom space, as are approved by the state board of | 44263 |
| education. | 44264 |
| Sec. 3313.481. (A) With the approval of the department of | 44265 |
| education, a board of education of a city, exempted village, | 44266 |
| local, or joint vocational school district may operate any of its | 44267 |
| schools on a schedule other than that required by section 3313.48 | 44268 |
| of the Revised Code in order to do any of the following: | 44269 |
| (1) To provide a flexible school day during which may be held | 44270 |
| parent-teacher conferences and reporting periods involving time in | 44271 |
| excess of that permitted to be credited toward fulfillment of the | 44272 |
| minimum school year under section 3313.48 of the Revised Code; | 44273 |
| (2) To establish and maintain a calendar of quarters, | 44274 |
| trimesters, or pentamesters; | 44275 |
| (3) To provide staggered attendance schedules if it receives | 44276 |
| approval to do so from the department of education. | 44277 |
| (B) A school district operating a school under this section | 44278 |
| shall have such school open for instruction for each pupil | 44279 |
| enrolled in that school for at least the following: | 44280 |
| (1) For each learning year prior to the learning year that | 44281 |
|
begins on July 1, 2011,
nine hundred ten hours
| 44282 |
| 44283 |
| (2) In each of the learning years beginning on July 1, 2011, | 44284 |
| and July 1, 2012, respectively, nine hundred thirty hours; | 44285 |
| (3) In each of the learning years beginning on July 1, 2013, | 44286 |
| and July 1, 2014, respectively, nine hundred fifty hours; | 44287 |
| (4) In each of the learning years beginning on July 1, 2015, | 44288 |
| and July 1, 2016, respectively, nine hundred seventy hours; | 44289 |
| (5) In the learning year that begins on July 1, 2017, and in | 44290 |
| each learning year thereafter, nine hundred ninety hours. | 44291 |
| (C) For purposes of determining whether a school that is on a | 44292 |
| staggered attendance schedule is in compliance with this section | 44293 |
|
in any | 44294 |
| include days the school was open for instruction with pupils in | 44295 |
| attendance for not more than the first seventy days of the ensuing | 44296 |
| 44297 | |
|
the school was open for instruction during
such ensuing | 44298 |
| learning year. The following shall be considered as time during | 44299 |
| which the schools are open for instruction for a pupil enrolled in | 44300 |
| such a school, or for a pupil enrolled in a school that is not on | 44301 |
| a staggered attendance schedule but that operates under this | 44302 |
| section: | 44303 |
| (1) Morning and afternoon recess periods of not more than | 44304 |
| fifteen minutes duration per period for a pupil in grades one | 44305 |
| through six; | 44306 |
| (2) Ten hours during which the pupil would otherwise be in | 44307 |
|
attendance but | 44308 |
| to provide time for individualized parent-teacher conferences and | 44309 |
| reporting periods; | 44310 |
| (3) Ten hours during which the pupil would otherwise be in | 44311 |
| attendance but is not required to attend school in order to | 44312 |
| provide time for teachers to attend professional meetings; | 44313 |
| (4) The number of hours pupils would otherwise be in | 44314 |
| attendance but are not required to attend because school is closed | 44315 |
|
as a result of a public calamity as provided in | 44316 |
| 3306.01 and 3317.01 of the Revised Code. | 44317 |
| | 44318 |
| of sex, race, religion, or national origin when assigning pupils | 44319 |
| to attendance schedules pursuant to this section. | 44320 |
| Sec. 3313.482. (A) Annually, prior to the first day of | 44321 |
| September, the board of education of each city, local, and | 44322 |
| exempted village school district shall adopt a resolution | 44323 |
| specifying a contingency plan under which the district's students | 44324 |
|
will make up days on which it was necessary to close schools | 44325 |
| 44326 | |
| 44327 | |
| conditions, inoperability of school buses or other equipment | 44328 |
| necessary to the school's operation, damage to a school building, | 44329 |
| or other temporary circumstances due to utility failure rendering | 44330 |
| the school building unfit for school use, if any such days must be | 44331 |
|
made up in order to
comply with the
requirements of | 44332 |
| 44333 | |
| Revised Code. The resolution shall provide in the plan for making | 44334 |
|
up at least five
full | 44335 |
| day of September, the board determines that the district is | 44336 |
| unable to implement the contingency plan as originally adopted, | 44337 |
| the board may adopt a resolution to amend the plan, but in no | 44338 |
| case shall the amended plan provide for making up less than five | 44339 |
| full learning days. No resolution adopted pursuant to this | 44340 |
| division shall conflict with any collective bargaining agreement | 44341 |
| into which a board has entered pursuant to Chapter 4117. of the | 44342 |
| Revised Code and that is in effect in the district. | 44343 |
| (B) Notwithstanding the content of the contingency plan it | 44344 |
| adopts under division (A) of this section, if a school district | 44345 |
| closes or evacuates any school building as a result of a bomb | 44346 |
| threat or any other report of an alleged or impending explosion, | 44347 |
| and if, as a result of the closing or evacuation, the school | 44348 |
| district would be unable to meet the requirements of sections | 44349 |
| 3306.01, 3313.48, 3313.481, and 3317.01 of the Revised Code | 44350 |
| regarding the number of days schools must be open for instruction | 44351 |
|
or the
requirements of the state minimum standards for
the | 44352 |
| learning day that are established by the department of education | 44353 |
|
regarding
the
number of hours there must be in the | 44354 |
| learning day, the school district may increase the length of one | 44355 |
|
or more other
| 44356 |
| closed or evacuated, in increments of one-half hour, to make up | 44357 |
| the number of hours or days that the school building in question | 44358 |
| was so closed or evacuated for the purpose of satisfying the | 44359 |
| requirements of those sections regarding the number of days | 44360 |
| schools must be open for instruction or the requirements of | 44361 |
| those standards regarding the number of hours there must be in | 44362 |
|
the | 44363 |
| (C) If a school district closes or evacuates any school | 44364 |
|
building for any of the reasons specified in division | 44365 |
| this section | 44366 |
|
the
total number of full | 44367 |
|
district's
contingency plan adopted under that division | 44368 |
| 44369 | |
| meet the requirements of sections 3306.01, 3313.48, 3313.481, and | 44370 |
| 3317.01 of the Revised Code regarding the number of days schools | 44371 |
| must be open for instruction or the requirements of the state | 44372 |
|
minimum standards for
the | 44373 |
| established by the department of education regarding the number | 44374 |
|
of hours there must be in the
| 44375 |
|
district may increase the length
of one or more other
| 44376 |
| learning days for the school that was closed or evacuated, in | 44377 |
| increments of one-half hour, to make up the number of hours or | 44378 |
| days that the school building in question was so closed or | 44379 |
| evacuated for the purpose of satisfying the requirements of those | 44380 |
| sections regarding the number of days schools must be open for | 44381 |
| instruction or the requirements of those standards regarding the | 44382 |
|
number of hours there must be in the
| 44383 |
| district shall not be required to actually make up any of the | 44384 |
| days specified in the district's contingency plan prior to | 44385 |
|
increasing
the length of one or more
| 44386 |
| make up the shortage of hours or days caused by the school's | 44387 |
| closure or evacuation, but in no case shall the district fail to | 44388 |
|
make up the total number of
full
| 44389 |
| in the contingency plan in accordance with that plan. | 44390 |
| (D) If a school district closes or evacuates a school | 44391 |
| building as a result of a bomb threat or any other report of an | 44392 |
| alleged or impending explosion and also closes or evacuates that | 44393 |
| school building on a different day for any of the reasons | 44394 |
|
specified in division | 44395 |
| 44396 | |
| closing or evacuation of the school building as a result of the | 44397 |
| bomb threat or report of an alleged or impending explosion and | 44398 |
| division (C) of this section applies regarding the closing or | 44399 |
| evacuation of the school building for the reason specified in | 44400 |
|
division | 44401 |
| Notwithstanding the provisions of sections 3306.01, 3313.48, | 44402 |
| 3313.481, and 3317.01 of the Revised Code and the requirements | 44403 |
|
of the state
minimum
standards
for the | 44404 |
| are established by the department of education and | 44405 |
| notwithstanding the content of the contingency plan it adopts | 44406 |
| under division (A) of this section regarding the closing or | 44407 |
| evacuation of a school building as a result of a bomb threat or | 44408 |
| any other report of an alleged or impending explosion, a school | 44409 |
| district that makes up, as described in division (B) or (C) of | 44410 |
| this section, all of the hours or days that its school buildings | 44411 |
| were closed or evacuated for any of the reasons identified in | 44412 |
| division (B) or (C) of this section shall be deemed to have | 44413 |
| complied with the requirements of those sections regarding the | 44414 |
| number of days schools must be open for instruction and the | 44415 |
| requirements of those minimum standards regarding the number of | 44416 |
|
hours there must
be in the
| 44417 |
| Sec. 3313.483. (A) A board of education, upon the adoption | 44418 |
| of a resolution stating that it may be financially unable to open | 44419 |
| on the day or to remain open for instruction on all days set forth | 44420 |
| in its adopted school calendar and pay all obligated expenses, or | 44421 |
| the superintendent of public instruction upon the issuance of | 44422 |
| written notification under division (B) of section 3313.489 of the | 44423 |
| Revised Code, shall request the auditor of state to determine | 44424 |
| whether such situation exists. The auditor shall deliver a copy of | 44425 |
| each request from a board of education to the superintendent of | 44426 |
| public instruction. In the case of a school district not under a | 44427 |
| fiscal emergency pursuant to Chapter 3316. of the Revised Code the | 44428 |
| auditor shall not issue a finding under this section until written | 44429 |
| notification is received from the superintendent pursuant to | 44430 |
| section 3313.487 of the Revised Code. | 44431 |
| (B) If the auditor of state finds that the board of education | 44432 |
| has attempted to avail itself to the fullest extent authorized by | 44433 |
| law of all lawful revenue sources available to it except those | 44434 |
| authorized by section 5705.21 of the Revised Code, the auditor | 44435 |
| shall certify that finding to the superintendent of public | 44436 |
| instruction and the state board of education and shall certify the | 44437 |
| operating deficit the district will have at the end of the fiscal | 44438 |
| year if it commences or continues operating its instructional | 44439 |
| program in accordance with its adopted school calendar and pays | 44440 |
| all obligated expenses. | 44441 |
| (C) No board of education may delay the opening of its | 44442 |
| schools or close its schools for financial reasons. Upon the | 44443 |
| request of the superintendent of public instruction, the attorney | 44444 |
| general shall seek injunctive relief and any other relief required | 44445 |
| to enforce this prohibition in the court of common pleas of | 44446 |
| Franklin county. The court of common pleas of Franklin county has | 44447 |
| exclusive original jurisdiction over all such actions. | 44448 |
| (D) Upon the receipt of any certification of an operating | 44449 |
| deficit from the auditor of state, a board of education shall make | 44450 |
| application to a commercial bank, underwriter, or other | 44451 |
| prospective lender or purchaser of its obligations for a loan in | 44452 |
| an amount sufficient to enable the district to open or remain open | 44453 |
| for instruction on all days set forth in its adopted school | 44454 |
| calendar but not to exceed the amount of the deficit certified. | 44455 |
| (E)(1) Any board of education that has applied for and been | 44456 |
| denied a loan from a commercial bank, underwriter, or other | 44457 |
| prospective lender or purchaser of its obligations pursuant to | 44458 |
| division (D) of this section shall submit to the superintendent of | 44459 |
| public instruction a plan for implementing reductions in the | 44460 |
| school district's budget; apply for a loan from a commercial bank, | 44461 |
| underwriter, or other prospective lender or purchaser of its | 44462 |
| obligations in an amount not to exceed its certified deficit; and | 44463 |
| provide the superintendent such information as the superintendent | 44464 |
| requires concerning its application for such a loan. The board of | 44465 |
| education of a school district declared to be under a fiscal watch | 44466 |
| pursuant to division (A) of section 3316.03 of the Revised Code | 44467 |
| may, upon approval of the superintendent, utilize the financial | 44468 |
| plan required by section 3316.04 of the Revised Code, or | 44469 |
| applicable parts thereof, as the plan required under this | 44470 |
| division. The board of education of a school district declared to | 44471 |
| be under a fiscal emergency pursuant to division (B) of section | 44472 |
| 3316.03 of the Revised Code may utilize the financial recovery | 44473 |
| plan for the district, or applicable parts thereof, as the plan | 44474 |
| required under this division. Except for the plan of a school | 44475 |
| district under a fiscal emergency, the superintendent shall | 44476 |
| evaluate, make recommendations concerning, and approve or | 44477 |
| disapprove each plan. When a plan is submitted, the superintendent | 44478 |
| shall immediately notify the members of the general assembly whose | 44479 |
| legislative districts include any or all of the territory of the | 44480 |
| school district submitting the plan. | 44481 |
| (2) The superintendent shall submit to the controlling board | 44482 |
| a copy of each plan the superintendent approves, or each plan | 44483 |
| submitted by a district under a fiscal emergency pursuant to | 44484 |
| division (B) of section 3316.03 of the Revised Code, and the | 44485 |
| general terms of each proposed loan, and shall make | 44486 |
| recommendations regarding the plan and whether a proposed loan to | 44487 |
| the board of education should be approved for payment as provided | 44488 |
| in division (E)(3) of this section. The controlling board shall | 44489 |
| approve or disapprove the plan and the proposed loan presented to | 44490 |
| it by the superintendent. In the case of a district not under a | 44491 |
| fiscal emergency pursuant to division (B) of section 3316.03 of | 44492 |
| the Revised Code, the controlling board may require a board of | 44493 |
| education to implement the superintendent's recommendations for | 44494 |
| expenditure reductions or impose other requirements. Loan | 44495 |
| repayments shall be in accordance with a schedule approved by the | 44496 |
| superintendent, except that the principal amount of the loan shall | 44497 |
| be payable in monthly, semiannual, or annual installments of | 44498 |
| principal and interest that are substantially equal principal and | 44499 |
| interest installments. Except as otherwise provided in division | 44500 |
| (E)(2) of this section, repayment shall be made no later than the | 44501 |
| fifteenth day of June of the second fiscal year following the | 44502 |
| approval of the loan. A school district with a certified deficit | 44503 |
| in excess of either twenty-five million dollars or fifteen per | 44504 |
| cent of the general fund expenditures of the district during the | 44505 |
| fiscal year shall repay the loan no later than the fifteenth day | 44506 |
| of June of the tenth fiscal year following the approval of the | 44507 |
| loan. In deciding whether to approve or disapprove a proposed | 44508 |
| loan, the controlling board shall consider the deficit certified | 44509 |
| by the auditor of state pursuant to this section. A board of | 44510 |
| education that has an outstanding loan approved pursuant to this | 44511 |
| section with a repayment date of more than two fiscal years after | 44512 |
| the date of approval of such loan may not apply for another loan | 44513 |
| with such a repayment date until the outstanding loan has been | 44514 |
| repaid. | 44515 |
| (3) If a board of education has submitted and received | 44516 |
| controlling board approval of a plan and proposed loan in | 44517 |
| accordance with this section, the superintendent of public | 44518 |
| instruction shall report to the controlling board the actual | 44519 |
| amounts loaned to the board of education. Such board of education | 44520 |
| shall request the superintendent to pay any funds the board of | 44521 |
|
education would otherwise receive pursuant to | 44522 |
| 44523 | |
| holders of the board of education's notes, or an agent thereof, | 44524 |
| such amounts as are specified under the terms of the loan. Such | 44525 |
| payments shall be made only from and to the extent of money | 44526 |
| appropriated by the general assembly for purposes of such | 44527 |
| sections. No note or other obligation of the board of education | 44528 |
| under the loan constitutes an obligation nor a debt or a pledge of | 44529 |
| the faith, credit, or taxing power of the state, and the holder or | 44530 |
| owner of such note or obligation has no right to have taxes levied | 44531 |
| by the general assembly for the payment of such note or | 44532 |
| obligation, and such note or obligation shall contain a statement | 44533 |
| to that effect. | 44534 |
| (4) Pursuant to the terms of such a loan, a board of | 44535 |
| education may issue its notes in anticipation of the collection of | 44536 |
| its voted levies for current expenses or its receipt of such state | 44537 |
| funds or both. Such notes shall be issued in accordance with | 44538 |
| division (E) of section 133.10 of the Revised Code and constitute | 44539 |
| Chapter 133. securities to the extent such division and the | 44540 |
| otherwise applicable provisions of Chapter 133. of the Revised | 44541 |
| Code are not inconsistent with this section, provided that in any | 44542 |
| event sections 133.24 and 5705.21 and divisions (A), (B), (C), and | 44543 |
| (E)(2) of section 133.10 of the Revised Code do not apply to such | 44544 |
| notes. | 44545 |
| (5) Notwithstanding section 133.36 or 3313.17, any other | 44546 |
| section of the Revised Code, or any other provision of law, a | 44547 |
| board of education that has received a loan under this section may | 44548 |
| not declare bankruptcy, so long as any portion of such loan | 44549 |
| remains unpaid. | 44550 |
| (F) Under this section and sections 3313.4810 and 3313.4811, | 44551 |
| "board of education" or "district board" includes the financial | 44552 |
| planning and supervision commission of a school district under a | 44553 |
| fiscal emergency pursuant to Chapter 3316. of the Revised Code | 44554 |
| where such commission chooses to exercise the powers and duties | 44555 |
| otherwise required of the district board of education under this | 44556 |
| section and sections 3313.4810 and 3313.4811 of the Revised Code. | 44557 |
| Sec. 3313.485. Notwithstanding any provision to the contrary | 44558 |
| in sections 3313.48 and 3313.481 or in Chapter 4117. of the | 44559 |
| Revised Code, the requirements of divisions (B)(2) to (5) of | 44560 |
| section 3313.48 and divisions (B)(2) to (5) of section 3313.481 | 44561 |
| of the Revised Code do not prevail over conflicting provisions in | 44562 |
| a valid collective bargaining agreement entered into prior to the | 44563 |
| effective date of this section. However, any collective bargaining | 44564 |
| agreement entered into, renewed, or amended on or after the | 44565 |
| effective date of this section shall comply with the requirements | 44566 |
| of divisions (B)(2) to (5) of section 3313.48, as applicable, or | 44567 |
| divisions (B)(2) to (5) of section 3313.481 of the Revised Code, | 44568 |
| as applicable. | 44569 |
| Sec. 3313.53. (A) As used in this section: | 44570 |
| (1) "Licensed individual" means an individual who holds a | 44571 |
| valid educator license, certificate, or permit issued by the state | 44572 |
|
board of education under section 3319.22, 3319.26, or 3319.27 | 44573 |
| 44574 |
| (2) "Nonlicensed individual" means an individual who does not | 44575 |
| hold a valid educator license, certificate, or permit issued by | 44576 |
| the state board of education under section 3319.22, 3319.26, or | 44577 |
|
3319.27 | 44578 |
| (B) The board of education of any city, exempted village, or | 44579 |
| local school district may establish and maintain in connection | 44580 |
| with the public school systems: | 44581 |
| (1) Manual training, industrial arts, domestic science, and | 44582 |
| commercial departments; | 44583 |
| (2) Agricultural, industrial, vocational, and trades schools. | 44584 |
| Such board may pay from the public school funds, as other | 44585 |
| school expenses are paid, the expenses of establishing and | 44586 |
| maintaining such departments and schools and of directing, | 44587 |
| supervising, and coaching the pupil-activity programs in music, | 44588 |
| language, arts, speech, government, athletics, and any others | 44589 |
| directly related to the curriculum. | 44590 |
| (C) The board of education of any city, exempted village, or | 44591 |
| local school district may employ a nonlicensed individual to | 44592 |
| direct, supervise, or coach a pupil-activity program as long as | 44593 |
| that individual holds a valid pupil-activity program permit issued | 44594 |
| by the state board of education under division (A) of section | 44595 |
| 3319.303 of the Revised Code. | 44596 |
| (D)(1) Except as provided in division (D)(2) of this section, | 44597 |
| a nonlicensed individual who holds a valid pupil-activity program | 44598 |
| permit may be employed under division (C) of this section only | 44599 |
| after the school district's board of education adopts a resolution | 44600 |
| stating that it has offered such position to those employees of | 44601 |
| the district who are licensed individuals and no such employee | 44602 |
| qualified to fill the position has accepted it, and has then | 44603 |
| advertised the position as available to any licensed individual | 44604 |
| who is qualified to fill it and who is not employed by the board, | 44605 |
| and no such person has applied for and accepted the position. | 44606 |
| (2) A board of education may renew the contract of any | 44607 |
| nonlicensed individual, currently employed by the board under | 44608 |
| division (C) of this section for one or more years, without first | 44609 |
| offering the position held by that individual to employees of the | 44610 |
| district who are licensed individuals or advertising the position | 44611 |
| as available to any qualified licensed individuals who are not | 44612 |
| currently employed by the board as otherwise required under | 44613 |
| division (D)(1) of this section. | 44614 |
| (E) A nonlicensed individual employed under this section is a | 44615 |
| nonteaching employee and is not an educational assistant as | 44616 |
| defined in section 3319.088 of the Revised Code. A nonlicensed | 44617 |
| individual may direct, supervise, or coach a pupil-activity | 44618 |
| program under this section as long as that pupil-activity program | 44619 |
| does not include any class or course required or offered for | 44620 |
| credit toward a pupil's promotion to the next grade or for | 44621 |
| graduation, or any activity conducted as a part of or required for | 44622 |
| such a class or course. A nonlicensed individual employed under | 44623 |
| this section may perform only the duties of the director, | 44624 |
| supervisor, or coach of the pupil-activity program for which the | 44625 |
| nonlicensed individual is employed. | 44626 |
| (F) The board shall fix the compensation of each nonlicensed | 44627 |
| individual employed under this section, which shall be the same | 44628 |
| amount as the position was or would be offered to the district's | 44629 |
| licensed employees, and execute a written contract with the | 44630 |
| nonlicensed individual for a term not to exceed one year. The | 44631 |
| contract shall specify the compensation, duration, and other terms | 44632 |
| of employment, and the compensation shall not be reduced unless | 44633 |
| such reduction is a part of a uniform plan affecting the entire | 44634 |
| district. | 44635 |
| If the state board suspends, revokes, or limits the | 44636 |
| pupil-activity program permit of a nonlicensed individual, the | 44637 |
| school district board may terminate or suspend the employment | 44638 |
| contract of that individual. Otherwise, no contract issued under | 44639 |
| this section shall be terminated or suspended except pursuant to | 44640 |
| the procedure established by division (C) of section 3319.081 of | 44641 |
| the Revised Code. | 44642 |
| Sec. 3313.532. (A) Any person twenty-two or more years of | 44643 |
| age and enrolled in an adult high school continuation program | 44644 |
| established pursuant to section 3313.531 of the Revised Code may | 44645 |
| request the board of education operating the program to conduct an | 44646 |
| evaluation in accordance with division (C) of this section. | 44647 |
| (B) Any applicant to a board of education for a diploma of | 44648 |
| adult education under division (B) of section 3313.611 of the | 44649 |
| Revised Code may request the board to conduct an evaluation in | 44650 |
| accordance with division (C) of this section. | 44651 |
| (C) Upon the request of any person pursuant to division (A) | 44652 |
| or (B) of this section, the board of education to which the | 44653 |
| request is made shall evaluate the person to determine whether the | 44654 |
| person is disabled, in accordance with rules adopted by the state | 44655 |
| board of education. If the evaluation indicates that the person is | 44656 |
| disabled, the board shall determine whether to excuse the person | 44657 |
|
from taking any of the | 44658 |
| of section 3301.0710 of the Revised Code as a requirement for | 44659 |
| receiving a diploma under section 3313.611 of the Revised Code. | 44660 |
| The board may require the person to take an alternate assessment | 44661 |
| in place of any test from which the person is so excused. | 44662 |
| Sec. 3313.533. (A) The board of education of a city, | 44663 |
| exempted village, or local school district may adopt a resolution | 44664 |
| to establish and maintain an alternative school in accordance with | 44665 |
| this section. The resolution shall specify, but not necessarily be | 44666 |
| limited to, all of the following: | 44667 |
| (1) The purpose of the school, which purpose shall be to | 44668 |
| serve students who are on suspension, who are having truancy | 44669 |
| problems, who are experiencing academic failure, who have a | 44670 |
| history of class disruption, who are exhibiting other academic or | 44671 |
| behavioral problems specified in the resolution, or who have been | 44672 |
| discharged or released from the custody of the department of youth | 44673 |
| services under section 5139.51 of the Revised Code; | 44674 |
| (2) The grades served by the school, which may include any of | 44675 |
| grades kindergarten through twelve; | 44676 |
| (3) A requirement that the school be operated in accordance | 44677 |
| with this section. The board of education adopting the resolution | 44678 |
| under division (A) of this section shall be the governing board of | 44679 |
| the alternative school. The board shall develop and implement a | 44680 |
| plan for the school in accordance with the resolution establishing | 44681 |
| the school and in accordance with this section. Each plan shall | 44682 |
| include, but not necessarily be limited to, all of the following: | 44683 |
| (a) Specification of the reasons for which students will be | 44684 |
| accepted for assignment to the school and any criteria for | 44685 |
| admission that are to be used by the board to approve or | 44686 |
| disapprove the assignment of students to the school; | 44687 |
| (b) Specification of the criteria and procedures that will be | 44688 |
| used for returning students who have been assigned to the school | 44689 |
| back to the regular education program of the district; | 44690 |
| (c) An evaluation plan for assessing the effectiveness of the | 44691 |
| school and its educational program and reporting the results of | 44692 |
| the evaluation to the public. | 44693 |
| (B) Notwithstanding any provision of Title XXXIII of the | 44694 |
| Revised Code to the contrary, the alternative school plan may | 44695 |
| include any of the following: | 44696 |
| (1) A requirement that on each | 44697 |
| must attend school or participate in other programs specified in | 44698 |
| the plan or by the chief administrative officer of the school for | 44699 |
|
a
period equal to the minimum | 44700 |
| board of education under section 3313.48 of the Revised Code plus | 44701 |
| any additional time required in the plan or by the chief | 44702 |
| administrative officer; | 44703 |
| (2) Restrictions on student participation in extracurricular | 44704 |
| or interscholastic activities; | 44705 |
| (3) A requirement that students wear uniforms prescribed by | 44706 |
| the district board of education. | 44707 |
| (C) In accordance with the alternative school plan, the | 44708 |
| district board of education may employ teachers and nonteaching | 44709 |
| employees necessary to carry out its duties and fulfill its | 44710 |
| responsibilities or may contract with a nonprofit or for profit | 44711 |
| entity to operate the alternative school, including the provision | 44712 |
| of personnel, supplies, equipment, or facilities. | 44713 |
| (D) An alternative school may be established in all or part | 44714 |
| of a school building. | 44715 |
| (E) If a district board of education elects under this | 44716 |
| section, or is required by section 3313.534 of the Revised Code, | 44717 |
| to establish an alternative school, the district board may join | 44718 |
| with the board of education of one or more other districts to form | 44719 |
| a joint alternative school by forming a cooperative education | 44720 |
| school district under section 3311.52 or 3311.521 of the Revised | 44721 |
| Code, or a joint educational program under section 3313.842 of the | 44722 |
| Revised Code. The authority to employ personnel or to contract | 44723 |
| with a nonprofit or for profit entity under division (C) of this | 44724 |
| section applies to any alternative school program established | 44725 |
| under this division. | 44726 |
| (F) Any individual employed as a teacher at an alternative | 44727 |
| school operated by a nonprofit or for profit entity under this | 44728 |
| section shall be licensed and shall be subject to background | 44729 |
| checks, as described in section 3319.39 of the Revised Code, in | 44730 |
| the same manner as an individual employed by a school district. | 44731 |
| (G) Division (G) of this section applies only to any | 44732 |
| alternative school that is operated by a nonprofit or for profit | 44733 |
| entity under contract with the school district. | 44734 |
| (1) In addition to the specifications authorized under | 44735 |
| division (B) of this section, any plan adopted under that division | 44736 |
| for an alternative school to which division (G) of this section | 44737 |
| also applies shall include the following: | 44738 |
| (a) A description of the educational program provided at the | 44739 |
| alternative school, which shall include: | 44740 |
| (i) Provisions for the school to be configured in clusters or | 44741 |
| small learning communities; | 44742 |
| (ii) Provisions for the incorporation of education technology | 44743 |
| into the curriculum; | 44744 |
| (iii) Provisions for accelerated learning programs in reading | 44745 |
| and mathematics. | 44746 |
| (b) A method to determine the reading and mathematics level | 44747 |
| of each student assigned to the alternative school and a method to | 44748 |
| continuously monitor each student's progress in those areas. The | 44749 |
| methods employed under this division shall be aligned with the | 44750 |
| curriculum adopted by the school district board of education under | 44751 |
| section 3313.60 of the Revised Code. | 44752 |
| (c) A plan for social services to be provided at the | 44753 |
| alternative school, such as, but not limited to, counseling | 44754 |
| services, psychological support services, and enrichment programs; | 44755 |
| (d) A plan for a student's transition from the alternative | 44756 |
| school back to a school operated by the school district; | 44757 |
| (e) A requirement that the alternative school maintain | 44758 |
| financial records in a manner that is compatible with the form | 44759 |
| prescribed for school districts by the auditor of state to enable | 44760 |
| the district to comply with any rules adopted by the auditor of | 44761 |
| state. | 44762 |
| (2) Notwithstanding division (A)(2) of this section, any | 44763 |
| alternative school to which division (G) of this section applies | 44764 |
| shall include only grades six through twelve. | 44765 |
| (3) Notwithstanding anything in division (A)(3)(a) of this | 44766 |
| section to the contrary, the characteristics of students who may | 44767 |
| be assigned to an alternative school to which division (G) of this | 44768 |
| section applies shall include only disruptive and low-performing | 44769 |
| students. | 44770 |
| (H) When any district board of education determines to | 44771 |
| contract with a nonprofit or for profit entity to operate an | 44772 |
| alternative school under this section, the board shall use the | 44773 |
| procedure set forth in this division. | 44774 |
| (1) The board shall publish notice of a request for proposals | 44775 |
| in a newspaper of general circulation in the district once each | 44776 |
| week for a period of at least two consecutive weeks prior to the | 44777 |
| date specified by the board for receiving proposals. Notices of | 44778 |
| requests for proposals shall contain a general description of the | 44779 |
| subject of the proposed contract and the location where the | 44780 |
| request for proposals may be obtained. The request for proposals | 44781 |
| shall include all of the following information: | 44782 |
| (a) Instructions and information to respondents concerning | 44783 |
| the submission of proposals, including the name and address of the | 44784 |
| office where proposals are to be submitted; | 44785 |
| (b) Instructions regarding communications, including at least | 44786 |
| the names, titles, and telephone numbers of persons to whom | 44787 |
| questions concerning a proposal may be directed; | 44788 |
| (c) A description of the performance criteria that will be | 44789 |
| used to evaluate whether a respondent to which a contract is | 44790 |
| awarded is meeting the district's educational standards or the | 44791 |
| method by which such performance criteria will be determined; | 44792 |
| (d) Factors and criteria to be considered in evaluating | 44793 |
| proposals, the relative importance of each factor or criterion, | 44794 |
| and a description of the evaluation procedures to be followed; | 44795 |
| (e) Any terms or conditions of the proposed contract, | 44796 |
| including any requirement for a bond and the amount of such bond; | 44797 |
| (f) Documents that may be incorporated by reference into the | 44798 |
| request for proposals, provided that the request for proposals | 44799 |
| specifies where such documents may be obtained and that such | 44800 |
| documents are readily available to all interested parties. | 44801 |
| (2) After the date specified for receiving proposals, the | 44802 |
| board shall evaluate the submitted proposals and may hold | 44803 |
| discussions with any respondent to ensure a complete understanding | 44804 |
| of the proposal and the qualifications of such respondent to | 44805 |
| execute the proposed contract. Such qualifications shall include, | 44806 |
| but are not limited to, all of the following: | 44807 |
| (a) Demonstrated competence in performance of the required | 44808 |
| services as indicated by effective implementation of educational | 44809 |
| programs in reading and mathematics and at least three years of | 44810 |
| experience successfully serving a student population similar to | 44811 |
| the student population assigned to the alternative school; | 44812 |
| (b) Demonstrated performance in the areas of cost | 44813 |
| containment, the provision of educational services of a high | 44814 |
| quality, and any other areas determined by the board; | 44815 |
| (c) Whether the respondent has the resources to undertake the | 44816 |
| operation of the alternative school and to provide qualified | 44817 |
| personnel to staff the school; | 44818 |
| (d) Financial responsibility. | 44819 |
| (3) The board shall select for further review at least three | 44820 |
| proposals from respondents the board considers qualified to | 44821 |
| operate the alternative school in the best interests of the | 44822 |
| students and the district. If fewer than three proposals are | 44823 |
| submitted, the board shall select each proposal submitted. The | 44824 |
| board may cancel a request for proposals or reject all proposals | 44825 |
| at any time prior to the execution of a contract. | 44826 |
| The board may hold discussions with any of the three selected | 44827 |
| respondents to clarify or revise the provisions of a proposal or | 44828 |
| the proposed contract to ensure complete understanding between the | 44829 |
| board and the respondent of the terms under which a contract will | 44830 |
| be entered. Respondents shall be accorded fair and equal treatment | 44831 |
| with respect to any opportunity for discussion regarding | 44832 |
| clarifications or revisions. The board may terminate or | 44833 |
| discontinue any further discussion with a respondent upon written | 44834 |
| notice. | 44835 |
| (4) Upon further review of the three proposals selected by | 44836 |
| the board, the board shall award a contract to the respondent the | 44837 |
| board considers to have the most merit, taking into consideration | 44838 |
| the scope, complexity, and nature of the services to be performed | 44839 |
| by the respondent under the contract. | 44840 |
| (5) Except as provided in division (H)(6) of this section, | 44841 |
| the request for proposals, submitted proposals, and related | 44842 |
| documents shall become public records under section 149.43 of the | 44843 |
| Revised Code after the award of the contract. | 44844 |
| (6) Any respondent may request in writing that the board not | 44845 |
| disclose confidential or proprietary information or trade secrets | 44846 |
| contained in the proposal submitted by the respondent to the | 44847 |
| board. Any such request shall be accompanied by an offer of | 44848 |
| indemnification from the respondent to the board. The board shall | 44849 |
| determine whether to agree to the request and shall inform the | 44850 |
| respondent in writing of its decision. If the board agrees to | 44851 |
| nondisclosure of specified information in a proposal, such | 44852 |
| information shall not become a public record under section 149.43 | 44853 |
| of the Revised Code. If the respondent withdraws its proposal at | 44854 |
| any time prior to the execution of a contract, the proposal shall | 44855 |
| not be a public record under section 149.43 of the Revised Code. | 44856 |
| (I) Upon a recommendation from the department and in | 44857 |
| accordance with section 3301.16 of the Revised Code, the state | 44858 |
| board of education may revoke the charter of any alternative | 44859 |
| school operated by a school district that violates this section. | 44860 |
| Sec. 3313.536. (A) The board of education of each city, | 44861 |
| exempted village, and local school district and the governing | 44862 |
| authority of each chartered nonpublic school shall adopt a | 44863 |
| comprehensive school safety plan for each school building under | 44864 |
| the board's or governing authority's control. The board or | 44865 |
| governing authority shall examine the environmental conditions and | 44866 |
| operations of each building to determine potential hazards to | 44867 |
| student and staff safety and shall propose operating changes to | 44868 |
| promote the prevention of potentially dangerous problems and | 44869 |
| circumstances. In developing the plan for each building, the board | 44870 |
| or governing authority shall involve community law enforcement and | 44871 |
| safety officials, parents of students who are assigned to the | 44872 |
| building, and teachers and nonteaching employees who are assigned | 44873 |
| to the building. The board or governing authority shall consider | 44874 |
| incorporating remediation strategies into the plan for any | 44875 |
| building where documented safety problems have occurred. | 44876 |
| The board or governing authority shall incorporate into the | 44877 |
| plan both of the following: | 44878 |
| (1) A protocol for addressing serious threats to the safety | 44879 |
| of school property, students, employees, or administrators; | 44880 |
| (2) A protocol for responding to any emergency events that do | 44881 |
| occur and that compromise the safety of school property, students, | 44882 |
| employees, or administrators. | 44883 |
| Each protocol shall include procedures deemed appropriate by | 44884 |
| the board or governing authority for responding to threats and | 44885 |
| emergency events, respectively, including such things as | 44886 |
| notification of appropriate law enforcement personnel, calling | 44887 |
| upon specified emergency response personnel for assistance, and | 44888 |
| informing parents of affected students. Prior to the opening day | 44889 |
| of each school year, the board or governing authority shall inform | 44890 |
| each student enrolled in the school and the student's parent of | 44891 |
| the parental notification procedures included in the protocol. | 44892 |
| (B) The board or governing authority shall update the safety | 44893 |
| plan at least once every three years and whenever a major | 44894 |
| modification to the building requires changes in the procedures | 44895 |
| outlined in the plan. | 44896 |
| (C) The board or governing authority shall file a copy of the | 44897 |
| current safety plan and building blueprint with each law | 44898 |
| enforcement agency that has jurisdiction over the school building | 44899 |
| and, upon request, the fire department that serves the political | 44900 |
| subdivision in which the school building is located. The board or | 44901 |
| governing authority also shall file a copy of the current safety | 44902 |
| plan and a floor plan of the building, but not a building | 44903 |
| blueprint, with the attorney general, who shall post that | 44904 |
| information on the Ohio law enforcement gateway or its successor. | 44905 |
| Copies of safety plans, building blueprints, and floor plans | 44906 |
| shall be filed as described in this division not later than the | 44907 |
|
ninety-first day after | 44908 |
| 30, 2007. If a board or governing authority revises a safety plan, | 44909 |
| building blueprint, or floor plan after the initial filing, the | 44910 |
| board or governing authority shall file copies of the revised | 44911 |
| safety plan, building blueprint, or floor plan in the manner | 44912 |
| described in this division not later than the ninety-first day | 44913 |
| after the revision is adopted. | 44914 |
| Copies of the safety plan and building blueprint are not a | 44915 |
| public record pursuant to section 149.433 of the Revised Code. | 44916 |
| Notwithstanding section 149.433 of the Revised Code, a | 44917 |
| building floor plan filed with the attorney general pursuant to | 44918 |
| this division is not a public record to the extent it is a record | 44919 |
| kept by the attorney general. This paragraph does not affect the | 44920 |
| status of a floor plan kept as a record by another public office. | 44921 |
| The board or governing authority, each law enforcement agency | 44922 |
| and fire department to which copies of the safety plan and | 44923 |
| building blueprint are provided, and the attorney general shall | 44924 |
| keep the copies in a secure place. | 44925 |
| (D) The board or governing authority shall grant access to | 44926 |
| each school building under its control to law enforcement | 44927 |
| personnel to enable the personnel to hold training sessions for | 44928 |
| responding to threats and emergency events affecting the building, | 44929 |
| provided that the access occurs outside of student instructional | 44930 |
| hours and an employee of the board or governing authority is | 44931 |
| present in the building during the training sessions. | 44932 |
| Sec. 3313.55. The board of education of any school district | 44933 |
| in which is located a state, district, county, or municipal | 44934 |
| hospital for children with epilepsy or any public institution, | 44935 |
| except state institutions for the care and treatment of | 44936 |
| delinquent, unstable, or socially maladjusted children, shall make | 44937 |
| provision for the education of all educable children therein; | 44938 |
| except that in the event another school district within the same | 44939 |
| county or an adjoining county is the source of sixty per cent or | 44940 |
| more of the children in said hospital or institution, the board of | 44941 |
| that school district shall make provision for the education of all | 44942 |
| the children therein. In any case in which a board provides | 44943 |
| educational facilities under this section, the board that provides | 44944 |
| the facilities shall be entitled to all moneys authorized for the | 44945 |
| attendance of pupils as provided in Chapter 3306. or 3317. of the | 44946 |
| Revised Code, tuition as provided in section 3317.08 of the | 44947 |
| Revised Code, and such additional compensation as is provided for | 44948 |
| crippled children in sections 3323.01 to 3323.12 of the Revised | 44949 |
| Code. Any board that provides the educational facilities for | 44950 |
| children in county or municipal institutions established for the | 44951 |
| care and treatment of children who are delinquent, unstable, or | 44952 |
| socially maladjusted shall not be entitled to any moneys provided | 44953 |
| for crippled children in sections 3323.01 to 3323.12 of the | 44954 |
| Revised Code. | 44955 |
| Sec. 3313.60. Notwithstanding division (D) of section | 44956 |
| 3311.52 of the Revised Code, divisions (A) to (E) of this section | 44957 |
| do not apply to any cooperative education school district | 44958 |
| established pursuant to divisions (A) to (C) of section 3311.52 of | 44959 |
| the Revised Code. | 44960 |
| (A) The board of education of each city and exempted village | 44961 |
| school district, the governing board of each educational service | 44962 |
| center, and the board of each cooperative education school | 44963 |
| district established pursuant to section 3311.521 of the Revised | 44964 |
| Code shall prescribe a curriculum for all schools under their | 44965 |
| control. Except as provided in division (E) of this section, in | 44966 |
| any such curriculum there shall be included the study of the | 44967 |
| following subjects: | 44968 |
| (1) The language arts, including reading, writing, spelling, | 44969 |
| oral and written English, and literature; | 44970 |
| (2) Geography, the history of the United States and of Ohio, | 44971 |
| and national, state, and local government in the United States, | 44972 |
| including a balanced presentation of the relevant contributions to | 44973 |
| society of men and women of African, Mexican, Puerto Rican, and | 44974 |
| American Indian descent as well as other ethnic and racial groups | 44975 |
| in Ohio and the United States; | 44976 |
| (3) Mathematics; | 44977 |
| (4) Natural science, including instruction in the | 44978 |
| conservation of natural resources; | 44979 |
| (5) Health education, which shall include instruction in: | 44980 |
| (a) The nutritive value of foods, including natural and | 44981 |
| organically produced foods, the relation of nutrition to health, | 44982 |
| the use and effects of food additives; | 44983 |
| (b) The harmful effects of and legal restrictions against the | 44984 |
| use of drugs of abuse, alcoholic beverages, and tobacco; | 44985 |
| (c) Venereal disease education, except that upon written | 44986 |
| request of the student's parent or guardian, a student shall be | 44987 |
| excused from taking instruction in venereal disease education; | 44988 |
| (d) In grades kindergarten through six, instruction in | 44989 |
| personal safety and assault prevention, except that upon written | 44990 |
| request of the student's parent or guardian, a student shall be | 44991 |
| excused from taking instruction in personal safety and assault | 44992 |
| prevention. | 44993 |
| (6) Physical education; | 44994 |
| (7) The fine arts, including music; | 44995 |
| (8) First aid, including a training program in | 44996 |
| cardiopulmonary resuscitation, safety, and fire prevention, except | 44997 |
| that upon written request of the student's parent or guardian, a | 44998 |
| student shall be excused from taking instruction in | 44999 |
| cardiopulmonary resuscitation; | 45000 |
| (9) In grade seven or eight, life and career-ready skills, | 45001 |
| including financial literacy, entrepreneurship, career planning | 45002 |
| and awareness, and any other skills identified by the | 45003 |
| superintendent of public instruction. The state superintendent | 45004 |
| shall issue program guidance and guidelines to assist with the | 45005 |
| implementation of division (A)(9) of this section. | 45006 |
| (B) Except as provided in division (E) of this section, every | 45007 |
| school or school district shall include in the requirements for | 45008 |
| promotion from the eighth grade to the ninth grade one year's | 45009 |
| course of study of American history. A board may waive this | 45010 |
| requirement for academically accelerated students who, in | 45011 |
| accordance with procedures adopted by the board, are able to | 45012 |
| demonstrate mastery of essential concepts and skills of the | 45013 |
| eighth grade American history course of study. | 45014 |
| (C) Except as provided in division (E) of this section, every | 45015 |
| high school shall include in the requirements for graduation from | 45016 |
| any curriculum one unit of American history and government, | 45017 |
| including a study of the constitutions of the United States and of | 45018 |
| Ohio. | 45019 |
| (D) Except as provided in division (E) of this section, basic | 45020 |
| instruction in geography, United States history, the government of | 45021 |
| the United States, the government of the state of Ohio, local | 45022 |
| government in Ohio, the Declaration of Independence, the United | 45023 |
| States Constitution, and the Constitution of the state of Ohio | 45024 |
| shall be required before pupils may participate in courses | 45025 |
| involving the study of social problems, economics, foreign | 45026 |
| affairs, United Nations, world government, socialism and | 45027 |
| communism. | 45028 |
| (E) For each cooperative education school district | 45029 |
| established pursuant to section 3311.521 of the Revised Code and | 45030 |
| each city, exempted village, and local school district that has | 45031 |
| territory within such a cooperative district, the curriculum | 45032 |
| adopted pursuant to divisions (A) to (D) of this section shall | 45033 |
| only include the study of the subjects that apply to the grades | 45034 |
| operated by each such school district. The curriculums for such | 45035 |
| schools, when combined, shall provide to each student of these | 45036 |
| districts all of the subjects required under divisions (A) to (D) | 45037 |
| of this section. | 45038 |
| (F) The board of education of any cooperative education | 45039 |
| school district established pursuant to divisions (A) to (C) of | 45040 |
| section 3311.52 of the Revised Code shall prescribe a curriculum | 45041 |
| for the subject areas and grade levels offered in any school under | 45042 |
| its control. | 45043 |
| (G) Upon the request of any parent or legal guardian of a | 45044 |
| student, the board of education of any school district shall | 45045 |
| permit the parent or guardian to promptly examine, with respect to | 45046 |
| the parent's or guardian's own child: | 45047 |
| (1) Any survey or questionnaire, prior to its administration | 45048 |
| to the child; | 45049 |
| (2) Any textbook, workbook, software, video, or other | 45050 |
| instructional materials being used by the district in connection | 45051 |
| with the instruction of the child; | 45052 |
| (3) Any completed and graded test taken or survey or | 45053 |
| questionnaire filled out by the child; | 45054 |
| (4) Copies of the statewide academic standards and each model | 45055 |
| curriculum developed pursuant to section 3301.079 of the Revised | 45056 |
| Code, which copies shall be available at all times during school | 45057 |
| hours in each district school building. | 45058 |
| Sec. 3313.603. (A) As used in this section: | 45059 |
| (1) "One unit" means a minimum of one hundred twenty hours of | 45060 |
| course instruction, except that for a laboratory course, "one | 45061 |
| unit" means a minimum of one hundred fifty hours of course | 45062 |
| instruction. | 45063 |
| (2) "One-half unit" means a minimum of sixty hours of course | 45064 |
| instruction, except that for physical education courses, "one-half | 45065 |
| unit" means a minimum of one hundred twenty hours of course | 45066 |
| instruction. | 45067 |
| (B) Beginning September 15, 2001, except as required in | 45068 |
| division (C) of this section and division (C) of section 3313.614 | 45069 |
| of the Revised Code, the requirements for graduation from every | 45070 |
| high school shall include twenty units earned in grades nine | 45071 |
| through twelve and shall be distributed as follows: | 45072 |
| (1) English language arts, four units; | 45073 |
| (2) Health, one-half unit; | 45074 |
| (3) Mathematics, three units; | 45075 |
| (4) Physical education, one-half unit; | 45076 |
| (5) Science, two units until September 15, 2003, and three | 45077 |
| units thereafter, which at all times shall include both of the | 45078 |
| following: | 45079 |
| (a) Biological sciences, one unit; | 45080 |
| (b) Physical sciences, one unit. | 45081 |
| (6) Social studies, three units, which shall include both of | 45082 |
| the following: | 45083 |
| (a) American history, one-half unit; | 45084 |
| (b) American government, one-half unit. | 45085 |
| (7) Elective units, seven units until September 15, 2003, and | 45086 |
| six units thereafter. | 45087 |
| Each student's electives shall include at least one unit, or | 45088 |
| two half units, chosen from among the areas of | 45089 |
| business/technology, fine arts, and/or foreign language. | 45090 |
| (C) Beginning with students who enter ninth grade for the | 45091 |
| first time on or after July 1, 2010, except as provided in | 45092 |
| divisions (D) to (F) of this section, the requirements for | 45093 |
| graduation from every public and chartered nonpublic high school | 45094 |
| shall include twenty units that are designed to prepare students | 45095 |
| for the workforce and college. The units shall be distributed as | 45096 |
| follows: | 45097 |
| (1) English language arts, four units; | 45098 |
| (2) Health, one-half unit; | 45099 |
| (3) Mathematics, four units, which shall include one unit of | 45100 |
| algebra II or the equivalent of algebra II; | 45101 |
| (4) Physical education, one-half unit; | 45102 |
| (5) Science, three units with inquiry-based laboratory | 45103 |
| experience that engages students in asking valid scientific | 45104 |
| questions and gathering and analyzing information, which shall | 45105 |
| include the following, or their equivalent: | 45106 |
| (a) Physical sciences, one unit; | 45107 |
| (b) Life sciences, one unit; | 45108 |
| (c) Advanced study in one or more of the following sciences, | 45109 |
| one unit: | 45110 |
| (i) Chemistry, physics, or other physical science; | 45111 |
| (ii) Advanced biology or other life science; | 45112 |
| (iii) Astronomy, physical geology, or other earth or space | 45113 |
| science. | 45114 |
| (6) Social studies, three units, which shall include both of | 45115 |
| the following: | 45116 |
| (a) American history, one-half unit; | 45117 |
| (b) American government, one-half unit. | 45118 |
| Each school shall integrate the study of economics and | 45119 |
| financial literacy, as expressed in the social studies academic | 45120 |
| content standards adopted by the state board of education under | 45121 |
| division (A)(1) of section 3301.079 of the Revised Code and the | 45122 |
| academic content standards for financial literacy and | 45123 |
| entrepreneurship adopted under division (A)(2) of that section, | 45124 |
| into one or more existing social studies credits required under | 45125 |
| division (C)(6) of this section, or into the content of another | 45126 |
| class, so that every high school student receives instruction in | 45127 |
| those concepts. In developing the curriculum required by this | 45128 |
| paragraph, schools shall use available public-private | 45129 |
| partnerships and resources and materials that exist in business, | 45130 |
| industry, and through the centers for economics education at | 45131 |
| institutions of higher education in the state. | 45132 |
| (7) Five units consisting of one or any combination of | 45133 |
| foreign language, fine arts, business, career-technical education, | 45134 |
| family and consumer sciences, technology, agricultural education, | 45135 |
| or English language arts, mathematics, science, or social studies | 45136 |
| courses not otherwise required under division (C) of this section. | 45137 |
| Ohioans must be prepared to apply increased knowledge and | 45138 |
| skills in the workplace and to adapt their knowledge and skills | 45139 |
| quickly to meet the rapidly changing conditions of the | 45140 |
| twenty-first century. National studies indicate that all high | 45141 |
| school graduates need the same academic foundation, regardless of | 45142 |
| the opportunities they pursue after graduation. The goal of Ohio's | 45143 |
| system of elementary and secondary education is to prepare all | 45144 |
| students for and seamlessly connect all students to success in | 45145 |
| life beyond high school graduation, regardless of whether the next | 45146 |
| step is entering the workforce, beginning an apprenticeship, | 45147 |
| engaging in post-secondary training, serving in the military, or | 45148 |
| pursuing a college degree. | 45149 |
| The Ohio core curriculum is the standard expectation for all | 45150 |
| students entering ninth grade for the first time at a public or | 45151 |
| chartered nonpublic high school on or after July 1, 2010. A | 45152 |
| student may satisfy this expectation through a variety of methods, | 45153 |
| including, but not limited to, integrated, applied, | 45154 |
| career-technical, and traditional coursework. | 45155 |
| Whereas teacher quality is essential for student success in | 45156 |
| completing the Ohio core curriculum, the general assembly shall | 45157 |
| appropriate funds for strategic initiatives designed to strengthen | 45158 |
| schools' capacities to hire and retain highly qualified teachers | 45159 |
| in the subject areas required by the curriculum. Such initiatives | 45160 |
| are expected to require an investment of $120,000,000 over five | 45161 |
| years. | 45162 |
| Stronger coordination between high schools and institutions | 45163 |
| of higher education is necessary to prepare students for more | 45164 |
| challenging academic endeavors and to lessen the need for academic | 45165 |
| remediation in college, thereby reducing the costs of higher | 45166 |
| education for Ohio's students, families, and the state. The state | 45167 |
| board of education, the Ohio board of regents, and the partnership | 45168 |
| for continued learning shall develop policies to ensure that only | 45169 |
| in rare instances will students who complete the Ohio core | 45170 |
| curriculum require academic remediation after high school. | 45171 |
| School districts, community schools, and chartered nonpublic | 45172 |
| schools shall integrate technology into learning experiences | 45173 |
| whenever practicable across the curriculum in order to maximize | 45174 |
| efficiency, enhance learning, and prepare students for success in | 45175 |
| the technology-driven twenty-first century. Districts and schools | 45176 |
| may use distance and web-based course delivery as a method of | 45177 |
| providing or augmenting all instruction required under this | 45178 |
| division, including laboratory experience in science. Districts | 45179 |
| and schools shall whenever practicable utilize technology access | 45180 |
| and electronic learning opportunities provided by the eTech Ohio | 45181 |
| commission, the Ohio learning network, education technology | 45182 |
| centers, public television stations, and other public and private | 45183 |
| providers. | 45184 |
| (D) Except as provided in division (E) of this section, a | 45185 |
| student who enters ninth grade on or after July 1, 2010, and | 45186 |
| before July 1, 2014, may qualify for graduation from a public or | 45187 |
| chartered nonpublic high school even though the student has not | 45188 |
| completed the Ohio core curriculum prescribed in division (C) of | 45189 |
| this section if all of the following conditions are satisfied: | 45190 |
| (1) After the student has attended high school for two years, | 45191 |
| as determined by the school, the student and the student's parent, | 45192 |
| guardian, or custodian sign and file with the school a written | 45193 |
| statement asserting the parent's, guardian's, or custodian's | 45194 |
| consent to the student's graduating without completing the Ohio | 45195 |
| core curriculum and acknowledging that one consequence of not | 45196 |
| completing the Ohio core curriculum is ineligibility to enroll in | 45197 |
| most state universities in Ohio without further coursework. | 45198 |
| (2) The student and parent, guardian, or custodian fulfill | 45199 |
| any procedural requirements the school stipulates to ensure the | 45200 |
| student's and parent's, guardian's, or custodian's informed | 45201 |
| consent and to facilitate orderly filing of statements under | 45202 |
| division (D)(1) of this section. | 45203 |
| (3) The student and the student's parent, guardian, or | 45204 |
| custodian and a representative of the student's high school | 45205 |
| jointly develop an individual career plan for the student that | 45206 |
| specifies the student matriculating to a two-year degree program, | 45207 |
| acquiring a business and industry credential, or entering an | 45208 |
| apprenticeship. | 45209 |
| (4) The student's high school provides counseling and support | 45210 |
| for the student related to the plan developed under division | 45211 |
| (D)(3) of this section during the remainder of the student's high | 45212 |
| school experience. | 45213 |
| (5) The student successfully completes, at a minimum, the | 45214 |
| curriculum prescribed in division (B) of this section. | 45215 |
| The partnership for continued learning, in collaboration with | 45216 |
| the department of education and the Ohio board of regents, shall | 45217 |
| analyze student performance data to determine if there are | 45218 |
| mitigating factors that warrant extending the exception permitted | 45219 |
| by division (D) of this section to high school classes beyond | 45220 |
| those entering ninth grade before July 1, 2014. The partnership | 45221 |
| shall submit its findings and any recommendations not later than | 45222 |
| August 1, 2014, to the speaker and minority leader of the house of | 45223 |
| representatives, the president and minority leader of the senate, | 45224 |
| the chairpersons and ranking minority members of the standing | 45225 |
| committees of the house of representatives and the senate that | 45226 |
| consider education legislation, the state board of education, and | 45227 |
| the superintendent of public instruction. | 45228 |
| (E) Each school district and chartered nonpublic school | 45229 |
| retains the authority to require an even more rigorous minimum | 45230 |
| curriculum for high school graduation than specified in division | 45231 |
| (B) or (C) of this section. A school district board of education, | 45232 |
| through the adoption of a resolution, or the governing authority | 45233 |
| of a chartered nonpublic school may stipulate any of the | 45234 |
| following: | 45235 |
| (1) A minimum high school curriculum that requires more than | 45236 |
| twenty units of academic credit to graduate; | 45237 |
| (2) An exception to the district's or school's minimum high | 45238 |
| school curriculum that is comparable to the exception provided in | 45239 |
| division (D) of this section but with additional requirements, | 45240 |
| which may include a requirement that the student successfully | 45241 |
| complete more than the minimum curriculum prescribed in division | 45242 |
| (B) of this section; | 45243 |
| (3) That no exception comparable to that provided in division | 45244 |
| (D) of this section is available. | 45245 |
| (F) A student enrolled in a dropout prevention and recovery | 45246 |
| program, which program has received a waiver from the department | 45247 |
| of education, may qualify for graduation from high school by | 45248 |
| successfully completing a competency-based instructional program | 45249 |
| administered by the dropout prevention and recovery program in | 45250 |
| lieu of completing the Ohio core curriculum prescribed in division | 45251 |
| (C) of this section. The department shall grant a waiver to a | 45252 |
| dropout prevention and recovery program, within sixty days after | 45253 |
| the program applies for the waiver, if the program meets all of | 45254 |
| the following conditions: | 45255 |
| (1) The program serves only students not younger than sixteen | 45256 |
| years of age and not older than twenty-one years of age. | 45257 |
| (2) The program enrolls students who, at the time of their | 45258 |
| initial enrollment, either, or both, are at least one grade level | 45259 |
| behind their cohort age groups or experience crises that | 45260 |
| significantly interfere with their academic progress such that | 45261 |
| they are prevented from continuing their traditional programs. | 45262 |
| (3) The program requires students to attain at least the | 45263 |
|
applicable score designated for each of the | 45264 |
| prescribed under division (B)(1) of section 3301.0710 of the | 45265 |
| Revised Code or, to the extent prescribed by rule of the state | 45266 |
| board of education under division (E)(6) of section 3301.0712 of | 45267 |
| the Revised Code, division (B)(2) of that section. | 45268 |
| (4) The program develops an individual career plan for the | 45269 |
| student that specifies the student's matriculating to a two-year | 45270 |
| degree program, acquiring a business and industry credential, or | 45271 |
| entering an apprenticeship. | 45272 |
| (5) The program provides counseling and support for the | 45273 |
| student related to the plan developed under division (F)(4) of | 45274 |
| this section during the remainder of the student's high school | 45275 |
| experience. | 45276 |
| (6) The program requires the student and the student's | 45277 |
| parent, guardian, or custodian to sign and file, in accordance | 45278 |
| with procedural requirements stipulated by the program, a written | 45279 |
| statement asserting the parent's, guardian's, or custodian's | 45280 |
| consent to the student's graduating without completing the Ohio | 45281 |
| core curriculum and acknowledging that one consequence of not | 45282 |
| completing the Ohio core curriculum is ineligibility to enroll in | 45283 |
| most state universities in Ohio without further coursework. | 45284 |
| (7) Prior to receiving the waiver, the program has submitted | 45285 |
| to the department an instructional plan that demonstrates how the | 45286 |
| academic content standards adopted by the state board of education | 45287 |
| under section 3301.079 of the Revised Code will be taught and | 45288 |
| assessed. | 45289 |
| If the department does not act either to grant the waiver or | 45290 |
| to reject the program application for the waiver within sixty days | 45291 |
| as required under this section, the waiver shall be considered to | 45292 |
| be granted. | 45293 |
| (G) Every high school may permit students below the ninth | 45294 |
|
grade to take advanced work
| 45295 |
|
shall award high school credit | 45296 |
| completion of the advanced work and shall count such advanced work | 45297 |
| toward the graduation requirements of division (B) or (C) of this | 45298 |
| section if the advanced work was both: | 45299 |
| (1) Taught by a person who possesses a license or certificate | 45300 |
| issued under section 3301.071, 3319.22, or 3319.222 of the Revised | 45301 |
| Code that is valid for teaching high school; | 45302 |
| (2) Designated by the board of education of the city, local, | 45303 |
| or exempted village school district, the board of the cooperative | 45304 |
| education school district, or the governing authority of the | 45305 |
| chartered nonpublic school as meeting the high school curriculum | 45306 |
| requirements. | 45307 |
| Each high school shall record on the student's high school | 45308 |
| transcript all high school credit awarded under division (G) of | 45309 |
| this section. In addition, if the student completed a seventh- or | 45310 |
| eighth-grade fine arts course described in division (K) of this | 45311 |
| section and the course qualified for high school credit under that | 45312 |
| division, the high school shall record that course on the | 45313 |
| student's high school transcript. | 45314 |
| (H) The department shall make its individual academic career | 45315 |
| plan available through its Ohio career information system web site | 45316 |
| for districts and schools to use as a tool for communicating with | 45317 |
| and providing guidance to students and families in selecting high | 45318 |
| school courses. | 45319 |
| (I) Units earned in English language arts, mathematics, | 45320 |
| science, and social studies that are delivered through integrated | 45321 |
| academic and career-technical instruction are eligible to meet the | 45322 |
| graduation requirements of division (B) or (C) of this section. | 45323 |
| (J) The state board of education, in consultation with the | 45324 |
| Ohio board of regents and the partnership for continued learning, | 45325 |
| shall adopt a statewide plan implementing methods for students to | 45326 |
| earn units of high school credit based on a demonstration of | 45327 |
| subject area competency, instead of or in combination with | 45328 |
| completing hours of classroom instruction. The state board shall | 45329 |
| adopt the plan not later than March 31, 2009, and commence phasing | 45330 |
| in the plan during the 2009-2010 school year. The plan shall | 45331 |
| include a standard method for recording demonstrated proficiency | 45332 |
| on high school transcripts. Each school district, community | 45333 |
| school, and chartered nonpublic school shall comply with the state | 45334 |
| board's plan adopted under this division and award units of high | 45335 |
| school credit in accordance with the plan. The state board may | 45336 |
| adopt existing methods for earning high school credit based on a | 45337 |
| demonstration of subject area competency as necessary prior to the | 45338 |
| 2009-2010 school year. | 45339 |
| (K) This division does not apply to students who qualify for | 45340 |
| graduation from high school under division (D) or (F) of this | 45341 |
| section, or to students pursuing a career-technical instructional | 45342 |
| track as determined by the school district board of education or | 45343 |
| the chartered nonpublic school's governing authority. | 45344 |
| Nevertheless, the general assembly encourages such students to | 45345 |
| consider enrolling in a fine arts course as an elective. | 45346 |
| Beginning with students who enter ninth grade for the first | 45347 |
| time on or after July 1, 2010, each student enrolled in a public | 45348 |
| or chartered nonpublic high school shall complete two semesters or | 45349 |
| the equivalent of fine arts to graduate from high school. The | 45350 |
| coursework may be completed in any of grades seven to twelve. Each | 45351 |
| student who completes a fine arts course in grade seven or eight | 45352 |
| may elect to count that course toward the five units of electives | 45353 |
| required for graduation under division (C)(7) of this section, if | 45354 |
| the course satisfied the requirements of division (G) of this | 45355 |
| section. In that case, the high school shall award the student | 45356 |
| high school credit for the course and count the course toward the | 45357 |
| five units required under division (C)(7) of this section. If the | 45358 |
| course in grade seven or eight did not satisfy the requirements of | 45359 |
| division (G) of this section, the high school shall not award the | 45360 |
| student high school credit for the course but shall count the | 45361 |
| course toward the two semesters or the equivalent of fine arts | 45362 |
| required by this division. | 45363 |
| (L) Notwithstanding anything to the contrary in this section, | 45364 |
| the board of education of each school district and the governing | 45365 |
| authority of each chartered nonpublic school may adopt a policy to | 45366 |
| excuse from the high school physical education requirement each | 45367 |
| student who, during high school, has participated in | 45368 |
| interscholastic athletics, marching band, or cheerleading for at | 45369 |
| least two full seasons. If the board or authority adopts such a | 45370 |
| policy, the board or authority shall not require the student to | 45371 |
| complete any physical education course as a condition to graduate. | 45372 |
| However, the student shall be required to complete one-half unit, | 45373 |
| consisting of at least sixty hours of instruction, in another | 45374 |
| course of study. | 45375 |
| Sec. 3313.605. (A) As used in this section: | 45376 |
| (1) "Civic responsibility" means the patriotic and ethical | 45377 |
| duties of all citizens to take an active role in society and to | 45378 |
| consider the interests and concerns of other individuals in the | 45379 |
| community. | 45380 |
| (2) "Volunteerism" means nonprofit activity in the United | 45381 |
| States, the benefits and limitations of nonprofit activities, and | 45382 |
| the presence and function of nonprofit civic and charitable | 45383 |
| organizations in the United States. | 45384 |
| (3) "Community service" means a service performed through | 45385 |
| educational institutions, government agencies, nonprofit | 45386 |
| organizations, social service agencies, and philanthropies and | 45387 |
| generally designed to provide direct experience with people or | 45388 |
| project planning, with the goal of improving the quality of life | 45389 |
| for the community. Such activities may include but are not limited | 45390 |
| to tutoring, literacy training, neighborhood improvement, | 45391 |
| encouraging interracial and multicultural understanding, promoting | 45392 |
| ideals of patriotism, increasing environmental safety, assisting | 45393 |
| the elderly or disabled, and providing mental health care, | 45394 |
| housing, drug abuse prevention programs, and other philanthropic | 45395 |
| programs, particularly for disadvantaged or low-income persons. | 45396 |
| (B) | 45397 |
|
village, | 45398 |
| 45399 | |
| established under Chapter 3314. of the Revised Code, and the | 45400 |
| governing body of each STEM school established under Chapter 3326. | 45401 |
| of the Revised Code shall include community service education in | 45402 |
| 45403 | |
| 45404 | |
| service center, upon the request of a local school district board | 45405 |
| of education, may provide a community service education program | 45406 |
|
for
the local district pursuant to this section. | 45407 |
| implementing community service education, each board, governing | 45408 |
| authority, or governing body shall do both of the following: | 45409 |
| (1) Establish a community service advisory committee. The | 45410 |
| committee shall provide recommendations to the board, governing | 45411 |
| authority, or governing body regarding a community service plan | 45412 |
|
for students | 45413 |
| 45414 | |
| plan adopted by the board, governing authority, or governing body | 45415 |
| under division (B)(2) of this section. Each board, governing | 45416 |
| authority, or governing body shall determine the membership and | 45417 |
| organization of its advisory committee and may designate an | 45418 |
| existing committee established for another purpose to serve as the | 45419 |
| community service advisory committee; however, each such | 45420 |
| committee shall include two or more students and shall include or | 45421 |
| consult with at least one person employed in the field of | 45422 |
| volunteer management who devotes at least fifty per cent of | 45423 |
| employment hours to coordinating volunteerism among community | 45424 |
| organizations. The committee members may include representatives | 45425 |
| of parents, teachers, administrators, other educational | 45426 |
| institutions, business, government, nonprofit organizations, | 45427 |
| veterans organizations, social service agencies, religious | 45428 |
| organizations, and philanthropies. | 45429 |
| (2) Develop and implement a community service plan | 45430 |
| 45431 | |
| To assist in establishing its plan, the board, governing | 45432 |
| authority, or governing body shall consult with and may contract | 45433 |
| with one or more local or regional organizations with experience | 45434 |
| in volunteer program development and management. Each community | 45435 |
| service plan adopted under this division shall be based upon the | 45436 |
| recommendations of the advisory committee and shall provide for | 45437 |
| all of the following: | 45438 |
| (a) Education of students in the value of community service | 45439 |
| and its contributions to the history of this state and this | 45440 |
| nation; | 45441 |
| (b) Identification of opportunities for students to provide | 45442 |
| community service; | 45443 |
| (c) Encouragement of students to provide community service; | 45444 |
| (d) Integration of community service opportunities into the | 45445 |
| curriculum; | 45446 |
| (e) Guidelines for the community service learning project | 45447 |
| prescribed by division (B)(2) of section 3301.0710 and section | 45448 |
| 3301.0712 of the Revised Code, consistent with the scoring rubric | 45449 |
| developed for such project under section 3301.0712 of the Revised | 45450 |
| Code; | 45451 |
| (f) A community service instructional program for teachers, | 45452 |
| including strategies for the teaching of community service | 45453 |
| education, for the discovery of community service opportunities, | 45454 |
| and for the motivation of students to become involved in community | 45455 |
| service. | 45456 |
| Plans shall be reviewed periodically by the advisory | 45457 |
| committee and, if necessary, revised by the board, governing | 45458 |
| authority, or governing body at least once every five years. | 45459 |
| | 45460 |
| 45461 | |
| 45462 | |
| services under the plan that will not supplant the hiring of, | 45463 |
| result in the displacement of, or impair any existing employment | 45464 |
| contract of any particular employee of any private or governmental | 45465 |
| entity for which the services are performed. The plan shall | 45466 |
| provide for any entity utilizing a student to perform community | 45467 |
| service under the plan to verify to the board that the student | 45468 |
| does not supplant the hiring of, displace, or impair the | 45469 |
| employment contract of any particular employee of the entity. | 45470 |
| Upon adoption, a board, governing authority, or governing | 45471 |
| body shall submit a copy of its plan to the department of | 45472 |
| education. Each city and exempted village board of education and | 45473 |
| each governing board of a service center shall include a copy of | 45474 |
| its plan in any course of study adopted under section 3313.60 of | 45475 |
| the Revised Code that is required to be submitted for approval to | 45476 |
| the state board for review. A joint vocational school district | 45477 |
| board of education shall submit a copy of its plan to the state | 45478 |
| board for review when required to do so by the state board. A | 45479 |
| local board shall forward its plan to the educational service | 45480 |
| center governing board for inclusion in the governing board's | 45481 |
|
course of study. | 45482 |
| 45483 | |
| plans and publish those plans that could serve as models for other | 45484 |
|
school districts | 45485 |
| schools, or STEM schools. | 45486 |
| (C) | 45487 |
| 45488 | |
| governing body may only grant high school credit for a community | 45489 |
| service education course if approximately half of the course is | 45490 |
| devoted to classroom study of such matters as civic | 45491 |
| responsibility, the history of volunteerism, and community service | 45492 |
| training and approximately half of the course is devoted to | 45493 |
| community service. | 45494 |
| Each board, governing authority, or governing body shall | 45495 |
| determine which specific activities will serve to fulfill the | 45496 |
| required hours of community service. | 45497 |
| (D) Each board, governing authority, or governing body shall | 45498 |
| use the rubric developed under section 3301.0712 of the Revised | 45499 |
| Code to determine whether the community service project required | 45500 |
| as a part of the high school assessment system meets the criteria | 45501 |
| for high school graduation. | 45502 |
| Sec. 3313.607. (A) The board of education of | 45503 |
|
district | 45504 |
| authority of each community school operating under Chapter 3314. | 45505 |
| of the Revised Code, and the governing body of each STEM school | 45506 |
| operating under Chapter 3326. of the Revised Code shall require | 45507 |
| all students to develop a written career and college plan as part | 45508 |
| of the course required by division (A)(9) of section 3313.60 of | 45509 |
|
the Revised Code. | 45510 |
| 45511 | |
|
college plans
| 45512 |
| prior to the end of the eighth grade year, shall identify career | 45513 |
| goals and indicate educational goals to prepare for those career | 45514 |
| goals, and shall be updated periodically as students successfully | 45515 |
|
complete
high school coursework | 45516 |
| plans may culminate in a career passport described by division (B) | 45517 |
| of this section. | 45518 |
| (B) The board of education of any school district, the | 45519 |
| governing authority of a community school, or the governing body | 45520 |
| of a STEM school may provide an individual career passport to any | 45521 |
| student upon the successful completion of the coursework of any | 45522 |
| high school. If a school district, governing authority, or | 45523 |
| governing body receives any state money for the purposes of this | 45524 |
| section, a career passport shall be provided to each such student. | 45525 |
| Each such passport shall document the knowledge and skills of the | 45526 |
| student, including documentation of the student's coursework and | 45527 |
| any employment, community, or leadership experiences. Each such | 45528 |
| passport shall also list the competency levels the student | 45529 |
| achieved, disclose the student's attendance record, and identify | 45530 |
| the career credentials the student gained. | 45531 |
| Sec. 3313.608. (A) Beginning with students who enter third | 45532 |
|
grade in
the
school year that starts July 1,
| 45533 |
| student who attains a score in the range designated under division | 45534 |
|
(A)(2) | 45535 |
| assessment prescribed under that section to measure skill in | 45536 |
| 45537 | |
| each school district, in accordance with the policy adopted under | 45538 |
| section 3313.609 of the Revised Code, shall do one of the | 45539 |
| following: | 45540 |
| (1) Promote the student to fourth grade if the student's | 45541 |
| principal and reading teacher agree that other evaluations of the | 45542 |
| student's skill in reading demonstrate that the student is | 45543 |
| academically prepared to be promoted to fourth grade; | 45544 |
| (2) Promote the student to fourth grade but provide the | 45545 |
| student with intensive intervention services in fourth grade; | 45546 |
| (3) Retain the student in third grade. | 45547 |
| (B)(1) To assist students in meeting this third grade | 45548 |
| guarantee established by this section, each school district shall | 45549 |
| adopt policies and procedures with which it shall annually assess | 45550 |
| the reading skills of each student at the end of first and second | 45551 |
| grade and identify students who are reading below their grade | 45552 |
|
level.
If the
diagnostic assessment to measure
| 45553 |
| language arts ability for the appropriate grade level has been | 45554 |
| developed in accordance with division (D)(1) of section 3301.079 | 45555 |
| of the Revised Code, each school district shall use such | 45556 |
| diagnostic assessment to identify such students, except that any | 45557 |
| district to which division (E) of section 3301.0715 of the | 45558 |
| Revised Code applies may use another assessment to identify such | 45559 |
| students. The policies and procedures shall require the students' | 45560 |
| classroom teachers to be involved in the assessment and the | 45561 |
| identification of students reading below grade level. The | 45562 |
| district shall notify the parent or guardian of each student whose | 45563 |
| reading skills are below grade level and, in accordance with | 45564 |
| division (C) of this section, provide intervention services to | 45565 |
| each student reading below grade level. Such intervention | 45566 |
| services shall include instruction in intensive, systematic | 45567 |
| phonetics pursuant to rules adopted by the state board of | 45568 |
| education. | 45569 |
| (2) For each student entering
third grade after July
1,
| 45570 |
| 2009, who does not attain by the end of the third grade at least a | 45571 |
|
score
in the range designated under division
(A)(2) | 45572 |
|
section
3301.0710 of the Revised Code on the
| 45573 |
|
prescribed under
that section to measure skill in | 45574 |
| language arts expected at the end of third grade, the district | 45575 |
| also shall offer intense remediation services during the summer | 45576 |
| following third grade. | 45577 |
| (C) For each student required to be offered intervention | 45578 |
| services under this section, the district shall involve the | 45579 |
| student's parent or guardian and classroom teacher in developing | 45580 |
| the intervention strategy, and shall offer to the parent or | 45581 |
| guardian the opportunity to be involved in the intervention | 45582 |
| services. | 45583 |
| (D) Any summer remediation services funded in whole or in | 45584 |
| part by the state and offered by school districts to students | 45585 |
| under this section shall meet the following conditions: | 45586 |
| (1) The remediation methods are based on reliable educational | 45587 |
| research. | 45588 |
| (2) The school districts conduct | 45589 |
| and after students participate in the program to facilitate | 45590 |
| monitoring results of the remediation services. | 45591 |
| (3) The parents of participating students are involved in | 45592 |
| programming decisions. | 45593 |
| (4) The services are conducted in a school building or | 45594 |
| community center and not on an at-home basis. | 45595 |
| (E) This section does not create a new cause of action or a | 45596 |
| substantive legal right for any person. | 45597 |
| Sec. 3313.61. (A) A diploma shall be granted by the board of | 45598 |
| education of any city, exempted village, or local school district | 45599 |
| that operates a high school to any person to whom all of the | 45600 |
| following apply: | 45601 |
| (1) The person has successfully completed the curriculum in | 45602 |
| any high school or the individualized education program developed | 45603 |
| for the person by any high school pursuant to section 3323.08 of | 45604 |
| the Revised Code, or has qualified under division (D) or (F) of | 45605 |
| section 3313.603 of the Revised Code, provided that no school | 45606 |
| district shall require a student to remain in school for any | 45607 |
| specific number of semesters or other terms if the student | 45608 |
| completes the required curriculum early; | 45609 |
| (2) Subject to section 3313.614 of the Revised Code, the | 45610 |
| person has met the assessment requirements of division (A)(2)(a) | 45611 |
| or (b) of this section, as applicable. | 45612 |
| (a) If the person entered the ninth grade prior to the date | 45613 |
| prescribed by rule of the state board of education under division | 45614 |
| (E)(2) of section 3301.0712 of the Revised Code, the person | 45615 |
| either: | 45616 |
| | 45617 |
| under division (B)(1) of section 3301.0710 of the Revised Code on | 45618 |
|
all
the | 45619 |
|
person
was excused
from taking any such | 45620 |
| to section 3313.532 of the Revised Code or unless division (H) or | 45621 |
| (L) of this section applies to the person; | 45622 |
| | 45623 |
| in section 3313.615 of the Revised Code. | 45624 |
| (b) If the person entered the ninth grade on or after the | 45625 |
| date prescribed by rule of the state board under division (E)(2) | 45626 |
| of section 3301.0712 of the Revised Code, the person has | 45627 |
| attained on the entire assessment system prescribed under | 45628 |
| division (B)(2) of section 3301.0710 of the Revised Code at | 45629 |
| least the required passing composite score, designated under | 45630 |
| division (C)(1) of section 3301.0712 of the Revised Code, except | 45631 |
| to the extent that the person is excused from some portion of | 45632 |
| that assessment system pursuant to section 3313.532 of the | 45633 |
| Revised Code or division (H) or (L) of this section. | 45634 |
| (3) The person is not eligible to receive an honors diploma | 45635 |
| granted pursuant to division (B) of this section. | 45636 |
| Except as provided in divisions (C), (E), (J), and (L) of | 45637 |
| this section, no diploma shall be granted under this division to | 45638 |
| anyone except as provided under this division. | 45639 |
| (B) In lieu of a diploma granted under division (A) of this | 45640 |
| section, an honors diploma shall be granted, in accordance with | 45641 |
|
rules of the state board | 45642 |
| to anyone who accomplishes all of the following: | 45643 |
| (1) Successfully completes the curriculum in any high school | 45644 |
| or the individualized education program developed for the person | 45645 |
| by any high school pursuant to section 3323.08 of the Revised | 45646 |
| Code; | 45647 |
| (2) Subject to section 3313.614 of the Revised Code, has met | 45648 |
| the assessment requirements of division (B)(2)(a) or (b) of this | 45649 |
| section, as applicable. | 45650 |
| (a) If the person entered the ninth grade prior to the date | 45651 |
| prescribed by rule of the state board of education under division | 45652 |
| (E)(2) of section 3301.0712 of the Revised Code, the person | 45653 |
| either: | 45654 |
| | 45655 |
| under division (B)(1) of section 3301.0710 of the Revised Code on | 45656 |
|
all the
| 45657 |
| | 45658 |
| in section 3313.615 of the Revised Code. | 45659 |
| (b) If the person entered the ninth grade on or after the | 45660 |
| date prescribed by rule of the state board under division (E)(2) | 45661 |
| of section 3301.0712 of the Revised Code, the person has attained | 45662 |
| on the entire assessment system prescribed under division (B)(2) | 45663 |
| of section 3301.0710 of the Revised Code at least the required | 45664 |
| passing composite score, designated under division (C)(1) of | 45665 |
| section 3301.0712 of the Revised Code. | 45666 |
| (3) Has met additional criteria established by the state | 45667 |
| board for the granting of such a diploma. | 45668 |
| An honors diploma shall not be granted to a student who is | 45669 |
| subject to the Ohio core curriculum prescribed in division (C) of | 45670 |
| section 3313.603 of the Revised Code but elects the option of | 45671 |
| division (D) or (F) of that section. Except as provided in | 45672 |
| divisions (C), (E), and (J) of this section, no honors diploma | 45673 |
| shall be granted to anyone failing to comply with this division | 45674 |
| and no more than one honors diploma shall be granted to any | 45675 |
| student under this division. | 45676 |
| The state board shall adopt rules prescribing the granting of | 45677 |
| honors diplomas under this division. These rules may prescribe the | 45678 |
| granting of honors diplomas that recognize a student's achievement | 45679 |
| as a whole or that recognize a student's achievement in one or | 45680 |
| more specific subjects or both. The rules may prescribe the | 45681 |
| granting of an honors diploma recognizing technical expertise for | 45682 |
| a career-technical student. In any case, the rules shall designate | 45683 |
| two or more criteria for the granting of each type of honors | 45684 |
| diploma the board establishes under this division and the number | 45685 |
| of such criteria that must be met for the granting of that type of | 45686 |
| diploma. The number of such criteria for any type of honors | 45687 |
| diploma shall be at least one less than the total number of | 45688 |
| criteria designated for that type and no one or more particular | 45689 |
| criteria shall be required of all persons who are to be granted | 45690 |
| that type of diploma. | 45691 |
| (C) Any | 45692 |
| assessments
required by section 3301.0710
| 45693 |
|
Revised Code to
any person
requesting to take such | 45694 |
| pursuant to division (B)(8)(b) of section 3301.0711 of the Revised | 45695 |
| Code shall award a diploma to such person if the person attains at | 45696 |
| least the applicable scores designated under division (B)(1) of | 45697 |
|
section
3301.0710 of the Revised
Code on all the | 45698 |
| administered and if the person has previously attained the | 45699 |
|
applicable scores on all
the other | 45700 |
| division (B)(1) of that section or has been exempted or excused | 45701 |
| from attaining the applicable score on any such test pursuant to | 45702 |
| division (H) or (L) of this section or from taking any such test | 45703 |
| pursuant to section 3313.532 of the Revised Code. | 45704 |
| (D) Each diploma awarded under this section shall be signed | 45705 |
| by the president and treasurer of the issuing board, the | 45706 |
| superintendent of schools, and the principal of the high school. | 45707 |
| Each diploma shall bear the date of its issue, be in such form as | 45708 |
| the district board prescribes, and be paid for out of the | 45709 |
| district's general fund. | 45710 |
| (E) A person who is a resident of Ohio and is eligible under | 45711 |
| state board of education minimum standards to receive a high | 45712 |
| school diploma based in whole or in part on credits earned while | 45713 |
| an inmate of a correctional institution operated by the state or | 45714 |
| any political subdivision thereof, shall be granted such diploma | 45715 |
| by the correctional institution operating the programs in which | 45716 |
| such credits were earned, and by the board of education of the | 45717 |
| school district in which the inmate resided immediately prior to | 45718 |
| the inmate's placement in the institution. The diploma granted by | 45719 |
| the correctional institution shall be signed by the director of | 45720 |
| the institution, and by the person serving as principal of the | 45721 |
| institution's high school and shall bear the date of issue. | 45722 |
| (F) Persons who are not residents of Ohio but who are inmates | 45723 |
| of correctional institutions operated by the state or any | 45724 |
| political subdivision thereof, and who are eligible under state | 45725 |
| board of education minimum standards to receive a high school | 45726 |
| diploma based in whole or in part on credits earned while an | 45727 |
| inmate of the correctional institution, shall be granted a diploma | 45728 |
| by the correctional institution offering the program in which the | 45729 |
| credits were earned. The diploma granted by the correctional | 45730 |
| institution shall be signed by the director of the institution and | 45731 |
| by the person serving as principal of the institution's high | 45732 |
| school and shall bear the date of issue. | 45733 |
| (G) The state board of education shall provide by rule for | 45734 |
|
the administration of the | 45735 |
| 3301.0710 of the Revised Code to inmates of correctional | 45736 |
| institutions. | 45737 |
| (H) Any person to whom all of the following apply shall be | 45738 |
|
exempted from attaining the applicable score on the | 45739 |
| assessment in social studies designated under division (B)(1) of | 45740 |
| section 3301.0710 of the Revised Code, any social studies | 45741 |
| end-of-course examination required under division (B)(2) of that | 45742 |
| section if such an exemption is prescribed by rule of the state | 45743 |
| board under division (E)(4) of section 3301.0712 of the Revised | 45744 |
| Code, or the test in citizenship designated under former division | 45745 |
| (B) of section 3301.0710 of the Revised Code as it existed prior | 45746 |
| to September 11, 2001: | 45747 |
| (1) The person is not a citizen of the United States; | 45748 |
| (2) The person is not a permanent resident of the United | 45749 |
| States; | 45750 |
| (3) The person indicates no intention to reside in the United | 45751 |
| States after the completion of high school. | 45752 |
| (I) Notwithstanding division (D) of section 3311.19 and | 45753 |
| division (D) of section 3311.52 of the Revised Code, this section | 45754 |
| and section 3311.611 of the Revised Code do not apply to the board | 45755 |
| of education of any joint vocational school district or any | 45756 |
| cooperative education school district established pursuant to | 45757 |
| divisions (A) to (C) of section 3311.52 of the Revised Code. | 45758 |
| (J) Upon receipt of a notice under division (D) of section | 45759 |
| 3325.08 of the Revised Code that a student has received a diploma | 45760 |
| under that section, the board of education receiving the notice | 45761 |
| may grant a high school diploma under this section to the student, | 45762 |
| except that such board shall grant the student a diploma if the | 45763 |
| student meets the graduation requirements that the student would | 45764 |
| otherwise have had to meet to receive a diploma from the district. | 45765 |
| The diploma granted under this section shall be of the same type | 45766 |
| the notice indicates the student received under section 3325.08 of | 45767 |
| the Revised Code. | 45768 |
| (K) As used in this division, "limited English proficient | 45769 |
| student" has the same meaning as in division (C)(3) of section | 45770 |
| 3301.0711 of the Revised Code. | 45771 |
| Notwithstanding division (C)(3) of section 3301.0711 of the | 45772 |
| Revised Code, no limited English proficient student who has not | 45773 |
| either attained the applicable scores designated under division | 45774 |
|
(B)(1) of
section
3301.0710 of the
Revised Code on all
the | 45775 |
| assessments required by that division, or attained the composite | 45776 |
| score designated for the assessments required by division (B)(2) | 45777 |
| of that section, shall be awarded a diploma under this section. | 45778 |
| (L) Any student described by division (A)(1) of this section | 45779 |
| may be awarded a diploma without attaining the applicable scores | 45780 |
|
designated on the | 45781 |
| of section 3301.0710 of the Revised Code provided an | 45782 |
| individualized education program specifically exempts the student | 45783 |
| from attaining such scores. This division does not negate the | 45784 |
|
requirement for such a
student to take all such | 45785 |
| or alternate assessments required by division (C)(1) of section | 45786 |
| 3301.0711 of the Revised Code for the purpose of assessing student | 45787 |
| progress as required by federal law. | 45788 |
| Sec. 3313.611. (A) The state board of education shall adopt, | 45789 |
| by rule, standards for awarding high school credit equivalent to | 45790 |
| credit for completion of high school academic and vocational | 45791 |
| education courses to applicants for diplomas under this section. | 45792 |
| The standards may permit high school credit to be granted to an | 45793 |
| applicant for any of the following: | 45794 |
| (1) Work experiences or experiences as a volunteer; | 45795 |
| (2) Completion of academic, vocational, or self-improvement | 45796 |
| courses offered to persons over the age of twenty-one by a | 45797 |
| chartered public or nonpublic school; | 45798 |
| (3) Completion of academic, vocational, or self-improvement | 45799 |
| courses offered by an organization, individual, or educational | 45800 |
| institution other than a chartered public or nonpublic school; | 45801 |
| (4) Other life experiences considered by the board to provide | 45802 |
| knowledge and learning experiences comparable to that gained in a | 45803 |
| classroom setting. | 45804 |
| (B) The board of education of any city, exempted village, or | 45805 |
| local school district that operates a high school shall grant a | 45806 |
| diploma of adult education to any applicant if all of the | 45807 |
| following apply: | 45808 |
| (1) The applicant is a resident of the district; | 45809 |
| (2) The applicant is over the age of twenty-one and has not | 45810 |
| been issued a diploma as provided in section 3313.61 of the | 45811 |
| Revised Code; | 45812 |
| (3) Subject to section 3313.614 of the Revised Code, the | 45813 |
| applicant has met the assessment requirements of division | 45814 |
| (B)(3)(a) or (b) of this section, as applicable. | 45815 |
| (a) Prior to the date prescribed by rule of the state board | 45816 |
| under division (E)(3) of section 3301.0712 of the Revised Code, | 45817 |
| the applicant either: | 45818 |
| | 45819 |
| division (B)(1) of section 3301.0710 of the Revised Code on all of | 45820 |
|
the | 45821 |
|
exempted
from any such | 45822 |
| 3313.532 or was exempted from attaining the applicable score on | 45823 |
|
any such | 45824 |
| section 3313.61 of the Revised Code; | 45825 |
| | 45826 |
| in section 3313.615 of the Revised Code. | 45827 |
| (b) On or after the date prescribed by rule of the state | 45828 |
| board under division (E)(3) of section 3301.0712 of the Revised | 45829 |
| Code, has attained on the entire assessment system prescribed | 45830 |
| under division (B)(2) of section 3301.0710 of the Revised Code at | 45831 |
| least the required passing composite score, designated under | 45832 |
| division (C)(1) of section 3301.0712 of the Revised Code, except | 45833 |
| and only to the extent that the applicant is excused from some | 45834 |
| portion of that assessment system pursuant to section 3313.532 of | 45835 |
| the Revised Code or division (H) or (L) of section 3313.61 of the | 45836 |
| Revised Code. | 45837 |
| (4) The district board determines, in accordance with the | 45838 |
| standards adopted under division (A) of this section, that the | 45839 |
| applicant has attained sufficient high school credits, including | 45840 |
| equivalent credits awarded under such standards, to qualify as | 45841 |
| having successfully completed the curriculum required by the | 45842 |
| district for graduation. | 45843 |
| (C) If a district board determines that an applicant is not | 45844 |
| eligible for a diploma under division (B) of this section, it | 45845 |
| shall inform the applicant of the reason the applicant is | 45846 |
| ineligible and shall provide a list of any courses required for | 45847 |
| the diploma for which the applicant has not received credit. An | 45848 |
| applicant may reapply for a diploma under this section at any | 45849 |
| time. | 45850 |
| (D) If a district board awards an adult education diploma | 45851 |
| under this section, the president and treasurer of the board and | 45852 |
| the superintendent of schools shall sign it. Each diploma shall | 45853 |
| bear the date of its issuance, be in such form as the district | 45854 |
| board prescribes, and be paid for from the district's general | 45855 |
| fund, except that the state board may by rule prescribe standard | 45856 |
| language to be included on each diploma. | 45857 |
| (E) As used in this division, "limited English proficient | 45858 |
| student" has the same meaning as in division (C)(3) of section | 45859 |
| 3301.0711 of the Revised Code. | 45860 |
| Notwithstanding division (C)(3) of section 3301.0711 of the | 45861 |
| Revised Code, no limited English proficient student who has not | 45862 |
| either attained the applicable scores designated under division | 45863 |
|
(B)(1) of
section
3301.0710 of the
Revised Code on all
the | 45864 |
| assessments required by that division, or attained the composite | 45865 |
| score designated for the assessments required by division (B)(2) | 45866 |
| of that section, shall be awarded a diploma under this section. | 45867 |
| Sec. 3313.612. (A) No nonpublic school chartered by the | 45868 |
|
state board of education shall
grant | 45869 |
| any person unless, subject to section 3313.614 of the Revised | 45870 |
| Code, the person has met the assessment requirements of division | 45871 |
| (A)(1) or (2) of this section, as applicable. | 45872 |
| (1) If the person entered the ninth grade prior to the date | 45873 |
| prescribed by rule of the state board under division (E)(2) of | 45874 |
|
section 3301.0712 of the Revised Code, the person has
attained | 45875 |
| 45876 | |
| applicable scores designated under division (B)(1) of section | 45877 |
|
3301.0710 of the
Revised
Code on all the | 45878 |
| required by that division, or has satisfied the alternative | 45879 |
| conditions prescribed in section 3313.615 of the Revised Code. | 45880 |
| (2) If the person entered the ninth grade on or after the | 45881 |
| date prescribed by rule of the state board under division (E)(2) | 45882 |
| of section 3301.0712 of the Revised Code, the person has | 45883 |
| attained on the entire assessment system prescribed under | 45884 |
| division (B)(2) of section 3301.0710 of the Revised Code at | 45885 |
| least the required passing composite score, designated under | 45886 |
| division (C)(1) of section 3301.0712 of the Revised Code. | 45887 |
| (B) This section does not apply to either of the following: | 45888 |
| (1) Any person with
regard to any | 45889 |
| the person was excused pursuant to division (C)(1)(c) of section | 45890 |
| 3301.0711 of the Revised Code; | 45891 |
| (2) Any person
with
regard to the
social studies | 45892 |
| assessment under division (B)(1) of section 3301.0710 of the | 45893 |
| Revised Code, any social studies end-of-course examination | 45894 |
| required under division (B)(2) of that section if such an | 45895 |
| exemption is prescribed by rule of the state board of education | 45896 |
| under division (E)(4) of section 3301.0712 of the Revised Code, | 45897 |
| or the citizenship test under former division (B) of section | 45898 |
| 3301.0710 of the Revised Code as it existed prior to September | 45899 |
| 11, 2001, if all of the following apply: | 45900 |
| (a) The person is not a citizen of the United States; | 45901 |
| (b) The person is not a permanent resident of the United | 45902 |
| States; | 45903 |
| (c) The person indicates no intention to reside in the United | 45904 |
| States after completion of high school. | 45905 |
| (C) As used in this division, "limited English proficient | 45906 |
| student" has the same meaning as in division (C)(3) of section | 45907 |
| 3301.0711 of the Revised Code. | 45908 |
| Notwithstanding division (C)(3) of section 3301.0711 of the | 45909 |
| Revised Code, no limited English proficient student who has not | 45910 |
| either attained the applicable scores designated under division | 45911 |
|
(B)(1) of
section
3301.0710 of the
Revised Code on all
the | 45912 |
| assessments required by that division, or attained the composite | 45913 |
| score designated for the assessments required by division (B)(2) | 45914 |
| of that section, shall be awarded a diploma under this section. | 45915 |
| Sec. 3313.614. (A) As used in this section, a person | 45916 |
| "fulfills the curriculum requirement for a diploma" at the time | 45917 |
| one of the following conditions is satisfied: | 45918 |
| (1) The person successfully completes the high school | 45919 |
| curriculum of a school district, a community school, a chartered | 45920 |
| nonpublic school, or a correctional institution. | 45921 |
| (2) The person successfully completes the individualized | 45922 |
| education program developed for the person under section 3323.08 | 45923 |
| of the Revised Code. | 45924 |
| (3) A board of education issues its determination under | 45925 |
| section 3313.611 of the Revised Code that the person qualifies as | 45926 |
| having successfully completed the curriculum required by the | 45927 |
| district. | 45928 |
| (B) This division specifies the | 45929 |
| requirements that must be fulfilled as a condition toward granting | 45930 |
| high school diplomas under sections 3313.61, 3313.611, 3313.612, | 45931 |
| and 3325.08 of the Revised Code. | 45932 |
| (1) A person who fulfills the curriculum requirement for a | 45933 |
| diploma before September 15, 2000, is not required to pass any | 45934 |
| proficiency test or achievement test in science as a condition to | 45935 |
| receiving a diploma. | 45936 |
| (2) A person who began ninth grade prior to July 1, 2003, is | 45937 |
| not required to pass the Ohio graduation test prescribed under | 45938 |
| division (B)(1) of section 3301.0710 or any assessment prescribed | 45939 |
| under division (B)(2) of that section in any subject as a | 45940 |
| condition to receiving a diploma once the person has passed the | 45941 |
| ninth grade proficiency test in the same subject, so long as the | 45942 |
| person passed the ninth grade proficiency test prior to September | 45943 |
| 15, 2008. However, any such person who passes the Ohio graduation | 45944 |
| test in any subject prior to passing the ninth grade proficiency | 45945 |
| test in the same subject shall be deemed to have passed the ninth | 45946 |
| grade proficiency test in that subject as a condition to receiving | 45947 |
| a diploma. For this purpose, the ninth grade proficiency test in | 45948 |
| citizenship substitutes for the Ohio graduation test in social | 45949 |
| studies. If a person began ninth grade prior to July 1, 2003, but | 45950 |
| does not pass a ninth grade proficiency test or the Ohio | 45951 |
| graduation test in a particular subject before September 15, 2008, | 45952 |
| and passage of a test in that subject is a condition for the | 45953 |
| person to receive a diploma, the person must pass the Ohio | 45954 |
| graduation test instead of the ninth grade proficiency test in | 45955 |
| that subject to receive a diploma. | 45956 |
| (3) A person who begins ninth grade on or after July 1, 2003, | 45957 |
| in a school district, community school, or chartered nonpublic | 45958 |
| school is not eligible to receive a diploma based on passage of | 45959 |
| ninth grade proficiency tests. Each such person who begins ninth | 45960 |
| grade prior to the date prescribed by the state board of education | 45961 |
| under division (E)(5) of section 3301.0712 of the Revised Code | 45962 |
| must pass Ohio graduation tests to meet the testing requirements | 45963 |
| applicable to that person as a condition to receiving a diploma. | 45964 |
| (4) A person who begins ninth grade on or after the date | 45965 |
| prescribed by the state board of education under division (E)(5) | 45966 |
| of section 3301.0712 of the Revised Code is not eligible to | 45967 |
| receive a diploma based on passage of the Ohio graduation tests. | 45968 |
| Each such person must attain on the entire assessment system | 45969 |
| prescribed under division (B)(2) of section 3301.0710 of the | 45970 |
| Revised Code at least the required passing composite score, | 45971 |
| designated under division (C)(1) of section 3301.0712 of the | 45972 |
| Revised Code. | 45973 |
| (C) This division specifies the curriculum requirement that | 45974 |
| shall be completed as a condition toward granting high school | 45975 |
| diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 | 45976 |
| of the Revised Code. | 45977 |
| (1) A person who is under twenty-two years of age when the | 45978 |
| person fulfills the curriculum requirement for a diploma shall | 45979 |
| complete the curriculum required by the school district or school | 45980 |
| issuing the diploma for the first year that the person originally | 45981 |
| enrolled in high school, except for a person who qualifies for | 45982 |
| graduation from high school under either division (D) or (F) of | 45983 |
| section 3313.603 of the Revised Code. | 45984 |
| (2) Once a person fulfills the curriculum requirement for a | 45985 |
| diploma, the person is never required, as a condition of receiving | 45986 |
| a diploma, to meet any different curriculum requirements that take | 45987 |
| effect pending the person's passage of proficiency tests or | 45988 |
| achievement tests or assessments, including changes mandated by | 45989 |
| section 3313.603 of the Revised Code, the state board, a school | 45990 |
| district board of education, or a governing authority of a | 45991 |
| community school or chartered nonpublic school. | 45992 |
| Sec. 3313.615. This section shall apply to diplomas awarded | 45993 |
| after September 15, 2006, to students who are required to take the | 45994 |
| five Ohio graduation tests prescribed by division (B)(1) of | 45995 |
| section 3301.0710 of the Revised Code. | 45996 |
| (A) As an alternative to the requirement that a person attain | 45997 |
| the scores designated under division (B)(1) of section 3301.0710 | 45998 |
|
of
the Revised Code on all the | 45999 |
| that division in order to be eligible for a high school diploma | 46000 |
| or an honors diploma under sections 3313.61, 3313.612, or 3325.08 | 46001 |
| of the Revised Code or for a diploma of adult education under | 46002 |
| section 3313.611 of the Revised Code, a person who has attained at | 46003 |
| least the applicable scores designated under division (B)(1) of | 46004 |
|
section
3301.0710 of the Revised Code on all but one of the | 46005 |
| assessments required by that division and from which the person | 46006 |
| was not excused or exempted, pursuant to division (L) of section | 46007 |
| 3313.61, division (B)(1) of section 3313.612, or section 3313.532 | 46008 |
| of the Revised Code, may be awarded a diploma or honors diploma | 46009 |
| if the person has satisfied all of the following conditions: | 46010 |
| (1) On the one | 46011 |
| of section 3301.0710 of the Revised Code for which the person | 46012 |
| failed to attain the designated score, the person missed that | 46013 |
| score by ten points or less; | 46014 |
| (2) Has a ninety-seven per cent school attendance rate in | 46015 |
| each of the last four school years, excluding any excused | 46016 |
| absences; | 46017 |
| (3) Has not been expelled from school under section 3313.66 | 46018 |
| of the Revised Code in any of the last four school years; | 46019 |
| (4) Has a grade point average of at least 2.5 out of 4.0, or | 46020 |
| its equivalent as designated in rules adopted by the state board | 46021 |
|
of education, in the subject area of the | 46022 |
| under division (B)(1) of section 3301.0710 of the Revised Code for | 46023 |
| which the person failed to attain the designated score; | 46024 |
| (5) Has completed the high school curriculum requirements | 46025 |
| prescribed in section 3313.603 of the Revised Code or has | 46026 |
| qualified under division (D) or (F) of that section; | 46027 |
| (6) Has taken advantage of any intervention programs provided | 46028 |
| by the school district or school in the subject area described in | 46029 |
| division (A)(4) of this section and has a ninety-seven per cent | 46030 |
| attendance rate, excluding any excused absences, in any of those | 46031 |
| programs that are provided at times beyond the normal school day, | 46032 |
| school week, or school year or has received comparable | 46033 |
| intervention services from a source other than the school district | 46034 |
| or school; | 46035 |
| (7) Holds a letter recommending graduation from each of the | 46036 |
| person's high school teachers in the subject area described in | 46037 |
| division (A)(4) of this section and from the person's high school | 46038 |
| principal. | 46039 |
| (B) The state board of education shall establish rules | 46040 |
| designating grade point averages equivalent to the average | 46041 |
| specified in division (A)(4) of this section for use by school | 46042 |
| districts and schools with different grading systems. | 46043 |
| (C) Any student who is exempt from attaining the applicable | 46044 |
| score designated under division (B)(1) of section 3301.0710 of the | 46045 |
| Revised Code on the Ohio graduation test in social studies | 46046 |
| pursuant to division (H) of section 3313.61 or division (B)(2) of | 46047 |
| section 3313.612 of the Revised Code shall not qualify for a high | 46048 |
| school diploma under this section, unless, notwithstanding the | 46049 |
|
exemption, the student attains the applicable score on that | 46050 |
| assessment. If the student attains the applicable score on that | 46051 |
| 46052 | |
| section in the same manner as any other student who is required | 46053 |
| to take the five Ohio graduation tests prescribed by division | 46054 |
| (B)(1) of section 3301.0710 of the Revised Code. | 46055 |
| Sec. 3313.62. (A) The school year shall begin on the first | 46056 |
| day of July of each calendar year and close on the thirtieth day | 46057 |
| of June of the succeeding calendar year. A school week shall | 46058 |
| consist of five days, and a school month of four school weeks. | 46059 |
| (B) "Learning year" means a school year as defined in | 46060 |
| division (A) of this section. | 46061 |
| (C) "Learning day" or "school day" is a day a school is | 46062 |
| scheduled to be open for instruction. | 46063 |
| Sec. 3313.64. (A) As used in this section and in section | 46064 |
| 3313.65 of the Revised Code: | 46065 |
| (1)(a) Except as provided in division (A)(1)(b) of this | 46066 |
| section, "parent" means either parent, unless the parents are | 46067 |
| separated or divorced or their marriage has been dissolved or | 46068 |
| annulled, in which case "parent" means the parent who is the | 46069 |
| residential parent and legal custodian of the child. When a child | 46070 |
| is in the legal custody of a government agency or a person other | 46071 |
| than the child's natural or adoptive parent, "parent" means the | 46072 |
| parent with residual parental rights, privileges, and | 46073 |
| responsibilities. When a child is in the permanent custody of a | 46074 |
| government agency or a person other than the child's natural or | 46075 |
| adoptive parent, "parent" means the parent who was divested of | 46076 |
| parental rights and responsibilities for the care of the child and | 46077 |
| the right to have the child live with the parent and be the legal | 46078 |
| custodian of the child and all residual parental rights, | 46079 |
| privileges, and responsibilities. | 46080 |
| (b) When a child is the subject of a power of attorney | 46081 |
| executed under sections 3109.51 to 3109.62 of the Revised Code, | 46082 |
| "parent" means the grandparent designated as attorney in fact | 46083 |
| under the power of attorney. When a child is the subject of a | 46084 |
| caretaker authorization affidavit executed under sections 3109.64 | 46085 |
| to 3109.73 of the Revised Code, "parent" means the grandparent | 46086 |
| that executed the affidavit. | 46087 |
| (2) "Legal custody," "permanent custody," and "residual | 46088 |
| parental rights, privileges, and responsibilities" have the same | 46089 |
| meanings as in section 2151.011 of the Revised Code. | 46090 |
| (3) "School district" or "district" means a city, local, or | 46091 |
| exempted village school district and excludes any school operated | 46092 |
| in an institution maintained by the department of youth services. | 46093 |
| (4) Except as used in division (C)(2) of this section, "home" | 46094 |
| means a home, institution, foster home, group home, or other | 46095 |
| residential facility in this state that receives and cares for | 46096 |
| children, to which any of the following applies: | 46097 |
| (a) The home is licensed, certified, or approved for such | 46098 |
| purpose by the state or is maintained by the department of youth | 46099 |
| services. | 46100 |
| (b) The home is operated by a person who is licensed, | 46101 |
| certified, or approved by the state to operate the home for such | 46102 |
| purpose. | 46103 |
| (c) The home accepted the child through a placement by a | 46104 |
| person licensed, certified, or approved to place a child in such a | 46105 |
| home by the state. | 46106 |
| (d) The home is a children's home created under section | 46107 |
| 5153.21 or 5153.36 of the Revised Code. | 46108 |
| (5) "Agency" means all of the following: | 46109 |
| (a) A public children services agency; | 46110 |
| (b) An organization that holds a certificate issued by the | 46111 |
| Ohio department of job and family services in accordance with the | 46112 |
| requirements of section 5103.03 of the Revised Code and assumes | 46113 |
| temporary or permanent custody of children through commitment, | 46114 |
| agreement, or surrender, and places children in family homes for | 46115 |
| the purpose of adoption; | 46116 |
| (c) Comparable agencies of other states or countries that | 46117 |
| have complied with applicable requirements of section 2151.39 of | 46118 |
| the Revised Code or as applicable, sections 5103.20 to 5103.22 or | 46119 |
| 5103.23 to 5103.237 of the Revised Code. | 46120 |
| (6) A child is placed for adoption if either of the following | 46121 |
| occurs: | 46122 |
| (a) An agency to which the child has been permanently | 46123 |
| committed or surrendered enters into an agreement with a person | 46124 |
| pursuant to section 5103.16 of the Revised Code for the care and | 46125 |
| adoption of the child. | 46126 |
| (b) The child's natural parent places the child pursuant to | 46127 |
| section 5103.16 of the Revised Code with a person who will care | 46128 |
| for and adopt the child. | 46129 |
| (7) "Preschool child with a disability" has the same | 46130 |
| meaning as in section 3323.01 of the Revised Code. | 46131 |
| (8) "Child," unless otherwise indicated, includes preschool | 46132 |
| children with disabilities. | 46133 |
| (9) "Active duty" means active duty pursuant to an executive | 46134 |
| order of the president of the United States, an act of the | 46135 |
| congress of the United States, or section 5919.29 or 5923.21 of | 46136 |
| the Revised Code. | 46137 |
| (B) Except as otherwise provided in section 3321.01 of the | 46138 |
| Revised Code for admittance to kindergarten and first grade, a | 46139 |
| child who is at least five but under twenty-two years of age and | 46140 |
| any preschool child with a disability shall be admitted to school | 46141 |
| as provided in this division. | 46142 |
| (1) A child shall be admitted to the schools of the school | 46143 |
| district in which the child's parent resides. | 46144 |
| (2) A child who does not reside in the district where the | 46145 |
| child's parent resides shall be admitted to the schools of the | 46146 |
| district in which the child resides if any of the following | 46147 |
| applies: | 46148 |
| (a) The child is in the legal or permanent custody of a | 46149 |
| government agency or a person other than the child's natural or | 46150 |
| adoptive parent. | 46151 |
| (b) The child resides in a home. | 46152 |
| (c) The child requires special education. | 46153 |
| (3) A child who is not entitled under division (B)(2) of this | 46154 |
| section to be admitted to the schools of the district where the | 46155 |
| child resides and who is residing with a resident of this state | 46156 |
| with whom the child has been placed for adoption shall be admitted | 46157 |
| to the schools of the district where the child resides unless | 46158 |
| either of the following applies: | 46159 |
| (a) The placement for adoption has been terminated. | 46160 |
| (b) Another school district is required to admit the child | 46161 |
| under division (B)(1) of this section. | 46162 |
| Division (B) of this section does not prohibit the board of | 46163 |
| education of a school district from placing a child with a | 46164 |
| disability who resides in the district in a special education | 46165 |
| program outside of the district or its schools in compliance with | 46166 |
| Chapter 3323. of the Revised Code. | 46167 |
| (C) A district shall not charge tuition for children admitted | 46168 |
| under division (B)(1) or (3) of this section. If the district | 46169 |
| admits a child under division (B)(2) of this section, tuition | 46170 |
| shall be paid to the district that admits the child as follows: | 46171 |
| (1) If the child receives special education in accordance | 46172 |
| with Chapter 3323. of the Revised Code, the school district of | 46173 |
| residence, as defined in section 3323.01 of the Revised Code, | 46174 |
| shall pay tuition for the child in accordance with section | 46175 |
| 3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code | 46176 |
| regardless of who has custody of the child or whether the child | 46177 |
| resides in a home. | 46178 |
| (2) For a child that does not receive special education in | 46179 |
| accordance with Chapter 3323. of the Revised Code, except as | 46180 |
| otherwise provided in division (C)(2)(d) of this section, if the | 46181 |
| child is in the permanent or legal custody of a government agency | 46182 |
| or person other than the child's parent, tuition shall be paid by: | 46183 |
| (a) The district in which the child's parent resided at the | 46184 |
| time the court removed the child from home or at the time the | 46185 |
| court vested legal or permanent custody of the child in the person | 46186 |
| or government agency, whichever occurred first; | 46187 |
| (b) If the parent's residence at the time the court removed | 46188 |
| the child from home or placed the child in the legal or permanent | 46189 |
| custody of the person or government agency is unknown, tuition | 46190 |
| shall be paid by the district in which the child resided at the | 46191 |
| time the child was removed from home or placed in legal or | 46192 |
| permanent custody, whichever occurred first; | 46193 |
| (c) If a school district cannot be established under division | 46194 |
| (C)(2)(a) or (b) of this section, tuition shall be paid by the | 46195 |
| district determined as required by section 2151.362 of the Revised | 46196 |
| Code by the court at the time it vests custody of the child in the | 46197 |
| person or government agency; | 46198 |
| (d) If at the time the court removed the child from home or | 46199 |
| vested legal or permanent custody of the child in the person or | 46200 |
| government agency, whichever occurred first, one parent was in a | 46201 |
| residential or correctional facility or a juvenile residential | 46202 |
| placement and the other parent, if living and not in such a | 46203 |
| facility or placement, was not known to reside in this state, | 46204 |
| tuition shall be paid by the district determined under division | 46205 |
| (D) of section 3313.65 of the Revised Code as the district | 46206 |
| required to pay any tuition while the parent was in such facility | 46207 |
| or placement; | 46208 |
| (e) If the department of education has determined, pursuant | 46209 |
| to division (A)(2) of section 2151.362 of the Revised Code, that | 46210 |
| a school district other than the one named in the court's initial | 46211 |
| order, or in a prior determination of the department, is | 46212 |
| responsible to bear the cost of educating the child, the district | 46213 |
| so determined shall be responsible for that cost. | 46214 |
| (3) If the child is not in the permanent or legal custody of | 46215 |
| a government agency or person other than the child's parent and | 46216 |
| the child resides in a home, tuition shall be paid by one of the | 46217 |
| following: | 46218 |
| (a) The school district in which the child's parent resides; | 46219 |
| (b) If the child's parent is not a resident of this state, | 46220 |
| the home in which the child resides. | 46221 |
| (D) Tuition required to be paid under divisions (C)(2) and | 46222 |
| (3)(a) of this section shall be computed in accordance with | 46223 |
| section 3317.08 of the Revised Code. Tuition required to be paid | 46224 |
| under division (C)(3)(b) of this section shall be computed in | 46225 |
| accordance with section 3317.081 of the Revised Code. If a home | 46226 |
| fails to pay the tuition required by division (C)(3)(b) of this | 46227 |
| section, the board of education providing the education may | 46228 |
| recover in a civil action the tuition and the expenses incurred in | 46229 |
| prosecuting the action, including court costs and reasonable | 46230 |
| attorney's fees. If the prosecuting attorney or city director of | 46231 |
| law represents the board in such action, costs and reasonable | 46232 |
| attorney's fees awarded by the court, based upon the prosecuting | 46233 |
| attorney's, director's, or one of their designee's time spent | 46234 |
| preparing and presenting the case, shall be deposited in the | 46235 |
| county or city general fund. | 46236 |
| (E) A board of education may enroll a child free of any | 46237 |
| tuition obligation for a period not to exceed sixty days, on the | 46238 |
| sworn statement of an adult resident of the district that the | 46239 |
| resident has initiated legal proceedings for custody of the child. | 46240 |
| (F) In the case of any individual entitled to attend school | 46241 |
| under this division, no tuition shall be charged by the school | 46242 |
| district of attendance and no other school district shall be | 46243 |
| required to pay tuition for the individual's attendance. | 46244 |
| Notwithstanding division (B), (C), or (E) of this section: | 46245 |
| (1) All persons at least eighteen but under twenty-two years | 46246 |
| of age who live apart from their parents, support themselves by | 46247 |
| their own labor, and have not successfully completed the high | 46248 |
| school curriculum or the individualized education program | 46249 |
| developed for the person by the high school pursuant to section | 46250 |
| 3323.08 of the Revised Code, are entitled to attend school in the | 46251 |
| district in which they reside. | 46252 |
| (2) Any child under eighteen years of age who is married is | 46253 |
| entitled to attend school in the child's district of residence. | 46254 |
| (3) A child is entitled to attend school in the district in | 46255 |
| which either of the child's parents is employed if the child has a | 46256 |
| medical condition that may require emergency medical attention. | 46257 |
| The parent of a child entitled to attend school under division | 46258 |
| (F)(3) of this section shall submit to the board of education of | 46259 |
| the district in which the parent is employed a statement from the | 46260 |
| child's physician certifying that the child's medical condition | 46261 |
| may require emergency medical attention. The statement shall be | 46262 |
| supported by such other evidence as the board may require. | 46263 |
| (4) Any child residing with a person other than the child's | 46264 |
| parent is entitled, for a period not to exceed twelve months, to | 46265 |
| attend school in the district in which that person resides if the | 46266 |
| child's parent files an affidavit with the superintendent of the | 46267 |
| district in which the person with whom the child is living resides | 46268 |
| stating all of the following: | 46269 |
| (a) That the parent is serving outside of the state in the | 46270 |
| armed services of the United States; | 46271 |
| (b) That the parent intends to reside in the district upon | 46272 |
| returning to this state; | 46273 |
| (c) The name and address of the person with whom the child is | 46274 |
| living while the parent is outside the state. | 46275 |
| (5) Any child under the age of twenty-two years who, after | 46276 |
| the death of a parent, resides in a school district other than the | 46277 |
| district in which the child attended school at the time of the | 46278 |
| parent's death is entitled to continue to attend school in the | 46279 |
| district in which the child attended school at the time of the | 46280 |
| parent's death for the remainder of the school year, subject to | 46281 |
| approval of that district board. | 46282 |
| (6) A child under the age of twenty-two years who resides | 46283 |
| with a parent who is having a new house built in a school district | 46284 |
| outside the district where the parent is residing is entitled to | 46285 |
| attend school for a period of time in the district where the new | 46286 |
| house is being built. In order to be entitled to such attendance, | 46287 |
| the parent shall provide the district superintendent with the | 46288 |
| following: | 46289 |
| (a) A sworn statement explaining the situation, revealing the | 46290 |
| location of the house being built, and stating the parent's | 46291 |
| intention to reside there upon its completion; | 46292 |
| (b) A statement from the builder confirming that a new house | 46293 |
| is being built for the parent and that the house is at the | 46294 |
| location indicated in the parent's statement. | 46295 |
| (7) A child under the age of twenty-two years residing with a | 46296 |
| parent who has a contract to purchase a house in a school district | 46297 |
| outside the district where the parent is residing and who is | 46298 |
| waiting upon the date of closing of the mortgage loan for the | 46299 |
| purchase of such house is entitled to attend school for a period | 46300 |
| of time in the district where the house is being purchased. In | 46301 |
| order to be entitled to such attendance, the parent shall provide | 46302 |
| the district superintendent with the following: | 46303 |
| (a) A sworn statement explaining the situation, revealing the | 46304 |
| location of the house being purchased, and stating the parent's | 46305 |
| intent to reside there; | 46306 |
| (b) A statement from a real estate broker or bank officer | 46307 |
| confirming that the parent has a contract to purchase the house, | 46308 |
| that the parent is waiting upon the date of closing of the | 46309 |
| mortgage loan, and that the house is at the location indicated in | 46310 |
| the parent's statement. | 46311 |
| The district superintendent shall establish a period of time | 46312 |
| not to exceed ninety days during which the child entitled to | 46313 |
| attend school under division (F)(6) or (7) of this section may | 46314 |
| attend without tuition obligation. A student attending a school | 46315 |
| under division (F)(6) or (7) of this section shall be eligible to | 46316 |
| participate in interscholastic athletics under the auspices of | 46317 |
| that school, provided the board of education of the school | 46318 |
| district where the student's parent resides, by a formal action, | 46319 |
| releases the student to participate in interscholastic athletics | 46320 |
| at the school where the student is attending, and provided the | 46321 |
| student receives any authorization required by a public agency or | 46322 |
| private organization of which the school district is a member | 46323 |
| exercising authority over interscholastic sports. | 46324 |
| (8) A child whose parent is a full-time employee of a city, | 46325 |
| local, or exempted village school district, or of an educational | 46326 |
| service center, may be admitted to the schools of the district | 46327 |
| where the child's parent is employed, or in the case of a child | 46328 |
| whose parent is employed by an educational service center, in the | 46329 |
| district that serves the location where the parent's job is | 46330 |
| primarily located, provided the district board of education | 46331 |
| establishes such an admission policy by resolution adopted by a | 46332 |
| majority of its members. Any such policy shall take effect on the | 46333 |
| first day of the school year and the effective date of any | 46334 |
| amendment or repeal may not be prior to the first day of the | 46335 |
| subsequent school year. The policy shall be uniformly applied to | 46336 |
| all such children and shall provide for the admission of any such | 46337 |
| child upon request of the parent. No child may be admitted under | 46338 |
| this policy after the first day of classes of any school year. | 46339 |
| (9) A child who is with the child's parent under the care of | 46340 |
| a shelter for victims of domestic violence, as defined in section | 46341 |
| 3113.33 of the Revised Code, is entitled to attend school free in | 46342 |
| the district in which the child is with the child's parent, and no | 46343 |
| other school district shall be required to pay tuition for the | 46344 |
| child's attendance in that school district. | 46345 |
| The enrollment of a child in a school district under this | 46346 |
| division shall not be denied due to a delay in the school | 46347 |
| district's receipt of any records required under section 3313.672 | 46348 |
| of the Revised Code or any other records required for enrollment. | 46349 |
| Any days of attendance and any credits earned by a child while | 46350 |
| enrolled in a school district under this division shall be | 46351 |
| transferred to and accepted by any school district in which the | 46352 |
| child subsequently enrolls. The state board of education shall | 46353 |
| adopt rules to ensure compliance with this division. | 46354 |
| (10) Any child under the age of twenty-two years whose parent | 46355 |
| has moved out of the school district after the commencement of | 46356 |
| classes in the child's senior year of high school is entitled, | 46357 |
| subject to the approval of that district board, to attend school | 46358 |
| in the district in which the child attended school at the time of | 46359 |
| the parental move for the remainder of the school year and for one | 46360 |
| additional semester or equivalent term. A district board may also | 46361 |
| adopt a policy specifying extenuating circumstances under which a | 46362 |
| student may continue to attend school under division (F)(10) of | 46363 |
| this section for an additional period of time in order to | 46364 |
| successfully complete the high school curriculum for the | 46365 |
| individualized education program developed for the student by the | 46366 |
| high school pursuant to section 3323.08 of the Revised Code. | 46367 |
| (11) As used in this division, "grandparent" means a parent | 46368 |
| of a parent of a child. A child under the age of twenty-two years | 46369 |
| who is in the custody of the child's parent, resides with a | 46370 |
| grandparent, and does not require special education is entitled to | 46371 |
| attend the schools of the district in which the child's | 46372 |
| grandparent resides, provided that, prior to such attendance in | 46373 |
| any school year, the board of education of the school district in | 46374 |
| which the child's grandparent resides and the board of education | 46375 |
| of the school district in which the child's parent resides enter | 46376 |
| into a written agreement specifying that good cause exists for | 46377 |
| such attendance, describing the nature of this good cause, and | 46378 |
| consenting to such attendance. | 46379 |
| In lieu of a consent form signed by a parent, a board of | 46380 |
| education may request the grandparent of a child attending school | 46381 |
| in the district in which the grandparent resides pursuant to | 46382 |
| division (F)(11) of this section to complete any consent form | 46383 |
| required by the district, including any authorization required by | 46384 |
| sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised | 46385 |
| Code. Upon request, the grandparent shall complete any consent | 46386 |
| form required by the district. A school district shall not incur | 46387 |
| any liability solely because of its receipt of a consent form from | 46388 |
| a grandparent in lieu of a parent. | 46389 |
| Division (F)(11) of this section does not create, and shall | 46390 |
| not be construed as creating, a new cause of action or substantive | 46391 |
| legal right against a school district, a member of a board of | 46392 |
| education, or an employee of a school district. This section does | 46393 |
| not affect, and shall not be construed as affecting, any | 46394 |
| immunities from defenses to tort liability created or recognized | 46395 |
| by Chapter 2744. of the Revised Code for a school district, | 46396 |
| member, or employee. | 46397 |
| (12) A child under the age of twenty-two years is entitled to | 46398 |
| attend school in a school district other than the district in | 46399 |
| which the child is entitled to attend school under division (B), | 46400 |
| (C), or (E) of this section provided that, prior to such | 46401 |
| attendance in any school year, both of the following occur: | 46402 |
| (a) The superintendent of the district in which the child is | 46403 |
| entitled to attend school under division (B), (C), or (E) of this | 46404 |
| section contacts the superintendent of another district for | 46405 |
| purposes of this division; | 46406 |
| (b) The superintendents of both districts enter into a | 46407 |
| written agreement that consents to the attendance and specifies | 46408 |
| that the purpose of such attendance is to protect the student's | 46409 |
| physical or mental well-being or to deal with other extenuating | 46410 |
| circumstances deemed appropriate by the superintendents. | 46411 |
| While an agreement is in effect under this division for a | 46412 |
| student who is not receiving special education under Chapter 3323. | 46413 |
| of the Revised Code and notwithstanding Chapter 3327. of the | 46414 |
| Revised Code, the board of education of neither school district | 46415 |
| involved in the agreement is required to provide transportation | 46416 |
| for the student to and from the school where the student attends. | 46417 |
| A student attending a school of a district pursuant to this | 46418 |
| division shall be allowed to participate in all student | 46419 |
| activities, including interscholastic athletics, at the school | 46420 |
| where the student is attending on the same basis as any student | 46421 |
| who has always attended the schools of that district while of | 46422 |
| compulsory school age. | 46423 |
| (13) All school districts shall comply with the | 46424 |
| "McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 46425 |
| seq., for the education of homeless children. Each city, local, | 46426 |
| and exempted village school district shall comply with the | 46427 |
| requirements of that act governing the provision of a free, | 46428 |
| appropriate public education, including public preschool, to each | 46429 |
| homeless child. | 46430 |
| When a child loses permanent housing and becomes a homeless | 46431 |
| person, as defined in 42 U.S.C.A. 11481(5), or when a child who is | 46432 |
| such a homeless person changes temporary living arrangements, the | 46433 |
| child's parent or guardian shall have the option of enrolling the | 46434 |
| child in either of the following: | 46435 |
| (a) The child's school of origin, as defined in 42 U.S.C.A. | 46436 |
| 11432(g)(3)(C); | 46437 |
| (b) The school that is operated by the school district in | 46438 |
| which the shelter where the child currently resides is located and | 46439 |
| that serves the geographic area in which the shelter is located. | 46440 |
| (14) A child under the age of twenty-two years who resides | 46441 |
| with a person other than the child's parent is entitled to attend | 46442 |
| school in the school district in which that person resides if both | 46443 |
| of the following apply: | 46444 |
| (a) That person has been appointed, through a military power | 46445 |
| of attorney executed under section 574(a) of the "National Defense | 46446 |
| Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 | 46447 |
| U.S.C. 1044b, or through a comparable document necessary to | 46448 |
| complete a family care plan, as the parent's agent for the care, | 46449 |
| custody, and control of the child while the parent is on active | 46450 |
| duty as a member of the national guard or a reserve unit of the | 46451 |
| armed forces of the United States or because the parent is a | 46452 |
| member of the armed forces of the United States and is on a duty | 46453 |
| assignment away from the parent's residence. | 46454 |
| (b) The military power of attorney or comparable document | 46455 |
| includes at least the authority to enroll the child in school. | 46456 |
| The entitlement to attend school in the district in which the | 46457 |
| parent's agent under the military power of attorney or comparable | 46458 |
| document resides applies until the end of the school year in which | 46459 |
| the military power of attorney or comparable document expires. | 46460 |
| (G) A board of education, after approving admission, may | 46461 |
| waive tuition for students who will temporarily reside in the | 46462 |
| district and who are either of the following: | 46463 |
| (1) Residents or domiciliaries of a foreign nation who | 46464 |
| request admission as foreign exchange students; | 46465 |
| (2) Residents or domiciliaries of the United States but not | 46466 |
| of Ohio who request admission as participants in an exchange | 46467 |
| program operated by a student exchange organization. | 46468 |
| (H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, | 46469 |
| 3327.04, and 3327.06 of the Revised Code, a child may attend | 46470 |
| school or participate in a special education program in a school | 46471 |
| district other than in the district where the child is entitled to | 46472 |
| attend school under division (B) of this section. | 46473 |
| (I)(1) Notwithstanding anything to the contrary in this | 46474 |
| section or section 3313.65 of the Revised Code, a child under | 46475 |
| twenty-two years of age may attend school in the school district | 46476 |
| in which the child, at the end of the first full week of October | 46477 |
| of the school year, was entitled to attend school as otherwise | 46478 |
| provided under this section or section 3313.65 of the Revised | 46479 |
| Code, if at that time the child was enrolled in the schools of the | 46480 |
| district but since that time the child or the child's parent has | 46481 |
| relocated to a new address located outside of that school district | 46482 |
| and within the same county as the child's or parent's address | 46483 |
| immediately prior to the relocation. The child may continue to | 46484 |
| attend school in the district, and at the school to which the | 46485 |
| child was assigned at the end of the first full week of October of | 46486 |
| the current school year, for the balance of the school year. | 46487 |
| Division (I)(1) of this section applies only if both of the | 46488 |
| following conditions are satisfied: | 46489 |
| (a) The board of education of the school district in which | 46490 |
| the child was entitled to attend school at the end of the first | 46491 |
| full week in October and of the district to which the child or | 46492 |
| child's parent has relocated each has adopted a policy to enroll | 46493 |
| children described in division (I)(1) of this section. | 46494 |
| (b) The child's parent provides written notification of the | 46495 |
| relocation outside of the school district to the superintendent of | 46496 |
| each of the two school districts. | 46497 |
| (2) At the beginning of the school year following the school | 46498 |
| year in which the child or the child's parent relocated outside of | 46499 |
| the school district as described in division (I)(1) of this | 46500 |
| section, the child is not entitled to attend school in the school | 46501 |
| district under that division. | 46502 |
| (3) Any person or entity owing tuition to the school district | 46503 |
| on behalf of the child at the end of the first full week in | 46504 |
| October, as provided in division (C) of this section, shall | 46505 |
| continue to owe such tuition to the district for the child's | 46506 |
| attendance under division (I)(1) of this section for the lesser of | 46507 |
| the balance of the school year or the balance of the time that the | 46508 |
| child attends school in the district under division (I)(1) of this | 46509 |
| section. | 46510 |
| (4) A pupil who may attend school in the district under | 46511 |
| division (I)(1) of this section shall be entitled to | 46512 |
| transportation services pursuant to an agreement between the | 46513 |
| district and the district in which the child or child's parent has | 46514 |
| relocated unless the districts have not entered into such | 46515 |
| agreement, in which case the child shall be entitled to | 46516 |
| transportation services in the same manner as a pupil attending | 46517 |
| school in the district under interdistrict open enrollment as | 46518 |
|
described in division | 46519 |
| Code, regardless of whether the district has adopted an open | 46520 |
| enrollment policy as described in division (B)(1)(b) or (c) of | 46521 |
| section 3313.98 of the Revised Code. | 46522 |
| (J) This division does not apply to a child receiving special | 46523 |
| education. | 46524 |
| A school district required to pay tuition pursuant to | 46525 |
| division (C)(2) or (3) of this section or section 3313.65 of the | 46526 |
| Revised Code shall have an amount deducted under division (F) of | 46527 |
| section 3317.023 of the Revised Code equal to its own tuition rate | 46528 |
| for the same period of attendance. A school district entitled to | 46529 |
| receive tuition pursuant to division (C)(2) or (3) of this section | 46530 |
| or section 3313.65 of the Revised Code shall have an amount | 46531 |
| credited under division (F) of section 3317.023 of the Revised | 46532 |
| Code equal to its own tuition rate for the same period of | 46533 |
| attendance. If the tuition rate credited to the district of | 46534 |
| attendance exceeds the rate deducted from the district required to | 46535 |
| pay tuition, the department of education shall pay the district of | 46536 |
| attendance the difference from amounts deducted from all | 46537 |
| districts' payments under division (F) of section 3317.023 of the | 46538 |
| Revised Code but not credited to other school districts under such | 46539 |
| division and from appropriations made for such purpose. The | 46540 |
| treasurer of each school district shall, by the fifteenth day of | 46541 |
| January and July, furnish the superintendent of public instruction | 46542 |
| a report of the names of each child who attended the district's | 46543 |
| schools under divisions (C)(2) and (3) of this section or section | 46544 |
| 3313.65 of the Revised Code during the preceding six calendar | 46545 |
| months, the duration of the attendance of those children, the | 46546 |
| school district responsible for tuition on behalf of the child, | 46547 |
| and any other information that the superintendent requires. | 46548 |
| Upon receipt of the report the superintendent, pursuant to | 46549 |
| division (F) of section 3317.023 of the Revised Code, shall deduct | 46550 |
| each district's tuition obligations under divisions (C)(2) and (3) | 46551 |
| of this section or section 3313.65 of the Revised Code and pay to | 46552 |
| the district of attendance that amount plus any amount required to | 46553 |
| be paid by the state. | 46554 |
| (K) In the event of a disagreement, the superintendent of | 46555 |
| public instruction shall determine the school district in which | 46556 |
| the parent resides. | 46557 |
| (L) Nothing in this section requires or authorizes, or shall | 46558 |
| be construed to require or authorize, the admission to a public | 46559 |
| school in this state of a pupil who has been permanently excluded | 46560 |
| from public school attendance by the superintendent of public | 46561 |
| instruction pursuant to sections 3301.121 and 3313.662 of the | 46562 |
| Revised Code. | 46563 |
| (M) In accordance with division (B)(1) of this section, a | 46564 |
| child whose parent is a member of the national guard or a reserve | 46565 |
| unit of the armed forces of the United States and is called to | 46566 |
| active duty, or a child whose parent is a member of the armed | 46567 |
| forces of the United States and is ordered to a temporary duty | 46568 |
| assignment outside of the district, may continue to attend school | 46569 |
| in the district in which the child's parent lived before being | 46570 |
| called to active duty or ordered to a temporary duty assignment | 46571 |
| outside of the district, as long as the child's parent continues | 46572 |
| to be a resident of that district, and regardless of where the | 46573 |
| child lives as a result of the parent's active duty status or | 46574 |
| temporary duty assignment. However, the district is not | 46575 |
| responsible for providing transportation for the child if the | 46576 |
| child lives outside of the district as a result of the parent's | 46577 |
| active duty status or temporary duty assignment. | 46578 |
| Sec. 3313.642. (A) Except as provided in division (B) of | 46579 |
| this section and notwithstanding the provisions of sections | 46580 |
| 3313.48 and 3313.64 of the Revised Code, the board of education of | 46581 |
| a city, exempted village, or local school district shall not be | 46582 |
| required to furnish, free of charge, to the pupils attending the | 46583 |
| public schools any materials used in a course of instruction with | 46584 |
| the exception of the necessary textbooks or electronic textbooks | 46585 |
| required to be furnished without charge pursuant to section | 46586 |
| 3329.06 of the Revised Code. The board may, however, make | 46587 |
| provision by appropriations transferred from the general fund of | 46588 |
| the district or otherwise for furnishing free of charge any | 46589 |
| materials used in a course of instruction to such pupils as it | 46590 |
| determines are in serious financial need of such materials. | 46591 |
| (B) No board of education of a school district | 46592 |
| 46593 | |
|
fee
to a | 46594 |
| 46595 | |
| "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, | 46596 |
| as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, | 46597 |
| 42 U.S.C. 1771, as amended, for any materials needed to enable | 46598 |
|
the | 46599 |
| instruction. The prohibition in this division against charging a | 46600 |
| fee does not apply to any fee charged for any materials needed to | 46601 |
|
enable a | 46602 |
| activities or in any pupil enrichment program that is not a course | 46603 |
| of instruction. | 46604 |
| (C) Boards of education may adopt rules and regulations | 46605 |
| prescribing a schedule of fees for materials used in a course of | 46606 |
| instruction and prescribing a schedule of charges which may be | 46607 |
| imposed upon pupils for the loss, damage, or destruction of school | 46608 |
| apparatus, equipment, musical instruments, library material, | 46609 |
| textbooks, or electronic textbooks required to be furnished | 46610 |
| without charge, and for damage to school buildings, and may | 46611 |
| enforce the payment of such fees and charges by withholding the | 46612 |
| grades and credits of the pupils concerned. | 46613 |
| Sec. 3313.6410. This section applies to any school that is | 46614 |
| operated by a school district and in which the enrolled students | 46615 |
| work primarily on assignments in nonclassroom-based learning | 46616 |
| opportunities provided via an internet- or other computer-based | 46617 |
| instructional method. | 46618 |
| (A) Any school to which this section applies shall withdraw | 46619 |
| from the school any student who, for two consecutive school years, | 46620 |
|
has failed to participate in the spring administration of any | 46621 |
| assessment prescribed under section 3301.0710 or 3301.0712 of the | 46622 |
| Revised Code for the student's grade level and was not excused | 46623 |
|
from the
| 46624 |
| section 3301.0711 of the Revised Code, regardless of whether a | 46625 |
| waiver was granted for the student under division (E) of section | 46626 |
| 3317.03 of the Revised Code. The school shall report any such | 46627 |
| student's data verification code, as assigned pursuant to section | 46628 |
| 3301.0714 of the Revised Code, to the department of education to | 46629 |
| be added to the list maintained by the department under section | 46630 |
| 3314.26 of the Revised Code. | 46631 |
| (B) No school to which this section applies shall receive any | 46632 |
| state funds under Chapter 3306. or 3317. of the Revised Code for | 46633 |
| any enrolled student whose data verification code appears on the | 46634 |
| list maintained by the department under section 3314.26 of the | 46635 |
| Revised Code. Notwithstanding any provision of the Revised Code to | 46636 |
| the contrary, the parent of any such student shall pay tuition to | 46637 |
| the school district that operates the school in an amount equal to | 46638 |
| the state funds the district otherwise would receive for that | 46639 |
| student, as determined by the department. A school to which this | 46640 |
| section applies may withdraw any student for whom the parent does | 46641 |
| not pay tuition as required by this division. | 46642 |
| Sec. 3313.65. (A) As used in this section and section | 46643 |
| 3313.64 of the Revised Code: | 46644 |
| (1) A person is "in a residential facility" if the person is | 46645 |
| a resident or a resident patient of an institution, home, or other | 46646 |
| residential facility that is: | 46647 |
| (a) Licensed as a nursing home, residential care facility, or | 46648 |
| home for the aging by the director of health under section 3721.02 | 46649 |
|
of the
Revised Code | 46650 |
| 46651 |
| (b) Licensed as an adult care facility by the director of | 46652 |
| health under Chapter 3722. of the Revised Code; | 46653 |
| (c) Maintained as a county home or district home by the board | 46654 |
| of county commissioners or a joint board of county commissioners | 46655 |
| under Chapter 5155. of the Revised Code; | 46656 |
| (d) Operated or administered by a board of alcohol, drug | 46657 |
| addiction, and mental health services under section 340.03 or | 46658 |
| 340.06 of the Revised Code, or provides residential care pursuant | 46659 |
| to contracts made under section 340.03 or 340.033 of the Revised | 46660 |
| Code; | 46661 |
| (e) Maintained as a state institution for the mentally ill | 46662 |
| under Chapter 5119. of the Revised Code; | 46663 |
| (f) Licensed by the department of mental health under section | 46664 |
| 5119.20 or 5119.22 of the Revised Code; | 46665 |
| (g) Licensed as a residential facility by the department of | 46666 |
| mental retardation and developmental disabilities under section | 46667 |
| 5123.19 of the Revised Code; | 46668 |
| (h) Operated by the veteran's administration or another | 46669 |
| agency of the United States government; | 46670 |
| (i) The Ohio soldiers' and sailors' home. | 46671 |
| (2) A person is "in a correctional facility" if any of the | 46672 |
| following apply: | 46673 |
| (a) The person is an Ohio resident and is: | 46674 |
| (i) Imprisoned, as defined in section 1.05 of the Revised | 46675 |
| Code; | 46676 |
| (ii) Serving a term in a community-based correctional | 46677 |
| facility or a district community-based correctional facility; | 46678 |
| (iii) Required, as a condition of parole, a post-release | 46679 |
| control sanction, a community control sanction, transitional | 46680 |
| control, or early release from imprisonment, as a condition of | 46681 |
| shock parole or shock probation granted under the law in effect | 46682 |
| prior to July 1, 1996, or as a condition of a furlough granted | 46683 |
| under the version of section 2967.26 of the Revised Code in effect | 46684 |
| prior to March 17, 1998, to reside in a halfway house or other | 46685 |
| community residential center licensed under section 2967.14 of the | 46686 |
| Revised Code or a similar facility designated by the court of | 46687 |
| common pleas that established the condition or by the adult parole | 46688 |
| authority. | 46689 |
| (b) The person is imprisoned in a state correctional | 46690 |
| institution of another state or a federal correctional institution | 46691 |
| but was an Ohio resident at the time the sentence was imposed for | 46692 |
| the crime for which the person is imprisoned. | 46693 |
| (3) A person is "in a juvenile residential placement" if the | 46694 |
| person is an Ohio resident who is under twenty-one years of age | 46695 |
| and has been removed, by the order of a juvenile court, from the | 46696 |
| place the person resided at the time the person became subject to | 46697 |
| the court's jurisdiction in the matter that resulted in the | 46698 |
| person's removal. | 46699 |
| (4) "Community control sanction" has the same meaning as in | 46700 |
| section 2929.01 of the Revised Code. | 46701 |
| (5) "Post-release control sanction" has the same meaning as | 46702 |
| in section 2967.01 of the Revised Code. | 46703 |
| (B) If the circumstances described in division (C) of this | 46704 |
| section apply, the determination of what school district must | 46705 |
| admit a child to its schools and what district, if any, is liable | 46706 |
| for tuition shall be made in accordance with this section, rather | 46707 |
| than section 3313.64 of the Revised Code. | 46708 |
| (C) A child who does not reside in the school district in | 46709 |
| which the child's parent resides and for whom a tuition obligation | 46710 |
| previously has not been established under division (C)(2) of | 46711 |
| section 3313.64 of the Revised Code shall be admitted to the | 46712 |
| schools of the district in which the child resides if at least one | 46713 |
| of the child's parents is in a residential or correctional | 46714 |
| facility or a juvenile residential placement and the other parent, | 46715 |
| if living and not in such a facility or placement, is not known to | 46716 |
| reside in this state. | 46717 |
| (D) Regardless of who has custody or care of the child, | 46718 |
| whether the child resides in a home, or whether the child receives | 46719 |
| special education, if a district admits a child under division (C) | 46720 |
| of this section, tuition shall be paid to that district as | 46721 |
| follows: | 46722 |
| (1) If the child's parent is in a juvenile residential | 46723 |
| placement, by the district in which the child's parent resided at | 46724 |
| the time the parent became subject to the jurisdiction of the | 46725 |
| juvenile court; | 46726 |
| (2) If the child's parent is in a correctional facility, by | 46727 |
| the district in which the child's parent resided at the time the | 46728 |
| sentence was imposed; | 46729 |
| (3) If the child's parent is in a residential facility, by | 46730 |
| the district in which the parent resided at the time the parent | 46731 |
| was admitted to the residential facility, except that if the | 46732 |
| parent was transferred from another residential facility, tuition | 46733 |
| shall be paid by the district in which the parent resided at the | 46734 |
| time the parent was admitted to the facility from which the parent | 46735 |
| first was transferred; | 46736 |
| (4) In the event of a disagreement as to which school | 46737 |
| district is liable for tuition under division (C)(1), (2), or (3) | 46738 |
| of this section, the superintendent of public instruction shall | 46739 |
| determine which district shall pay tuition. | 46740 |
| (E) If a child covered by division (D) of this section | 46741 |
| receives special education in accordance with Chapter 3323. of the | 46742 |
| Revised Code, the tuition shall be paid in accordance with section | 46743 |
| 3323.13 or 3323.14 of the Revised Code. Tuition for children who | 46744 |
| do not receive special education shall be paid in accordance with | 46745 |
| division (J) of section 3313.64 of the Revised Code. | 46746 |
| Sec. 3313.671. (A)(1) Except as otherwise provided in | 46747 |
| division (B) of this section, no pupil, at the time of initial | 46748 |
| entry or at the beginning of each school year, to an elementary or | 46749 |
| high school for which the state board of education prescribes | 46750 |
| minimum standards pursuant to division (D) of section 3301.07 of | 46751 |
| the Revised Code, shall be permitted to remain in school for more | 46752 |
| than fourteen days unless the pupil presents written evidence | 46753 |
| satisfactory to the person in charge of admission, that the pupil | 46754 |
| has been immunized by a method of immunization approved by the | 46755 |
| department of health pursuant to section 3701.13 of the Revised | 46756 |
| Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus, | 46757 |
| rubeola, and rubella or is in the process of being immunized. | 46758 |
| (2) Except as provided in division (B) of this section, no | 46759 |
| pupil who begins kindergarten at an elementary school subject to | 46760 |
| the state board of education's minimum standards shall be | 46761 |
| permitted to remain in school for more than fourteen days unless | 46762 |
| the pupil presents written evidence satisfactory to the person in | 46763 |
| charge of admission that the pupil has been immunized by a | 46764 |
| department of health-approved method of immunization or is in the | 46765 |
| process of being immunized against both of the following: | 46766 |
| (a) During or after the school year beginning in 1999, | 46767 |
| hepatitis B; | 46768 |
| (b) During or after the school year beginning in 2006, | 46769 |
| chicken pox. | 46770 |
| (3) As used in divisions (A)(1) and (2) of this section, "in | 46771 |
| the process of being immunized" means the pupil has been immunized | 46772 |
| against mumps, rubeola, rubella, and chicken pox, and if the pupil | 46773 |
| has not been immunized against poliomyelitis, diphtheria, | 46774 |
| pertussis, tetanus, and hepatitis B, the pupil has received at | 46775 |
| least the first dose of the immunization sequence, and presents | 46776 |
| written evidence to the pupil's building principal or chief | 46777 |
| administrative officer of each subsequent dose required to obtain | 46778 |
| immunization at the intervals prescribed by the director of | 46779 |
| health. Any student previously admitted under the "in process of | 46780 |
| being immunized" provision and who has not complied with the | 46781 |
| immunization intervals prescribed by the director of health shall | 46782 |
| be excluded from school on the fifteenth day of the following | 46783 |
| school year. Any student so excluded shall be readmitted upon | 46784 |
| showing evidence to the student's building principal or chief | 46785 |
| administrative officer of progress on the director of health's | 46786 |
| interval schedule. | 46787 |
| (4) Beginning in the 2010-2011 school year, except as | 46788 |
| provided in division (B) of this section, no pupil who begins | 46789 |
| seventh grade at a school subject to the state board of | 46790 |
| education's minimum standards shall be permitted to remain in | 46791 |
| school for more than fourteen days unless the pupil presents | 46792 |
| written evidence satisfactory to the person in charge of admission | 46793 |
| that the pupil has received a department of health-approved | 46794 |
| tetanus, diphtheria, and acellular pertussis booster vaccination. | 46795 |
| (B)(1) A pupil who has had natural rubeola, and presents a | 46796 |
| signed statement from the pupil's parent, guardian, or physician | 46797 |
| to that effect, is not required to be immunized against rubeola. | 46798 |
| (2) A pupil who has had natural mumps, and presents a signed | 46799 |
| statement from the pupil's parent, guardian, or physician to that | 46800 |
| effect, is not required to be immunized against mumps. | 46801 |
| (3) A pupil who has had natural chicken pox, and presents a | 46802 |
| signed statement from the pupil's parent, guardian, or physician | 46803 |
| to that effect, is not required to be immunized against chicken | 46804 |
| pox. | 46805 |
| (4) A pupil who presents a written statement of the pupil's | 46806 |
| parent or guardian in which the parent or guardian declines to | 46807 |
| have the pupil immunized for reasons of conscience, including | 46808 |
| religious convictions, is not required to be immunized. | 46809 |
| (5) A child whose physician certifies in writing that such | 46810 |
| immunization against any disease is medically contraindicated is | 46811 |
| not required to be immunized against that disease. | 46812 |
| (C) As used in this division, "chicken pox epidemic" means | 46813 |
| the occurrence of cases of chicken pox in numbers greater than | 46814 |
| expected in the school's population or for a particular period of | 46815 |
| time. | 46816 |
| Notwithstanding division (B) of this section, a school may | 46817 |
| deny admission to a pupil otherwise exempted from the chicken pox | 46818 |
| immunization requirement if the director of the state department | 46819 |
| of health notifies the school's principal or chief administrative | 46820 |
| officer that a chicken pox epidemic exists in the school's | 46821 |
| population. The denial of admission shall cease when the director | 46822 |
| notifies the principal or officer that the epidemic no longer | 46823 |
| exists. | 46824 |
| The board of education or governing body of each school | 46825 |
| subject to this section shall adopt a policy that prescribes | 46826 |
| methods whereby the academic standing of a pupil who is denied | 46827 |
| admission during a chicken pox epidemic may be preserved. | 46828 |
| (D) Boards of health, legislative authorities of municipal | 46829 |
| corporations, and boards of township trustees on application of | 46830 |
| the board of education of the district or proper authority of any | 46831 |
| school affected by this section, shall provide at the public | 46832 |
| expense, without delay, the means of immunization against mumps, | 46833 |
| poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus, | 46834 |
| and hepatitis B, and the booster vaccination required by division | 46835 |
| (A)(4) of this section, to pupils who are not so provided by their | 46836 |
| parents or guardians. | 46837 |
| Sec. 3313.673. (A) Except as provided in division (B) of | 46838 |
| this section, prior to the first day of November of the school | 46839 |
| year in which a pupil is enrolled for the first time in either | 46840 |
| kindergarten or first grade, the pupil shall be screened for | 46841 |
| hearing, vision, speech and communications, and health or medical | 46842 |
| problems and for any developmental disorders. If the results of | 46843 |
| any screening reveal the possibility of special learning needs, | 46844 |
| the board of education of the school district shall conduct | 46845 |
| further assessment in accordance with Chapter 3323. of the Revised | 46846 |
| Code. The board may provide any of the elements of the screening | 46847 |
| program itself, contract with any person or governmental entity to | 46848 |
| provide any such elements, or request the parent to obtain any | 46849 |
| such elements from a provider selected by the parent. If the board | 46850 |
| conducts hearing and vision screening itself or contracts for | 46851 |
| hearing and vision screening, such screening shall be conducted | 46852 |
| pursuant to sections 3313.50, 3313.69, and 3313.73 of the Revised | 46853 |
| Code. | 46854 |
| (B) Prior to the first day of August of the school year in | 46855 |
| which a pupil is required to be screened under this section, the | 46856 |
| board shall provide parents with information about the district's | 46857 |
| screening program. If the board chooses to request parents to | 46858 |
| obtain any screening services, it shall provide lists of providers | 46859 |
| to parents together with information about such screening services | 46860 |
| available in the community to parents who cannot afford them. Any | 46861 |
| parent requested to obtain any screening services under this | 46862 |
|
division may sign a written statement to the
effect that | 46863 |
|
parent does not wish to have | 46864 |
| screening. | 46865 |
| (C) Each district shall report the aggregate results of the | 46866 |
| screenings required under this section in the manner prescribed by | 46867 |
| guidelines established for that purpose by the state board of | 46868 |
| education under division (B)(1)(o) of section 3301.0714 of the | 46869 |
| Revised Code. | 46870 |
| Sec. 3313.68. The board of education of each city, exempted | 46871 |
| village, or local school district may appoint one or more school | 46872 |
| physicians and one or more school dentists. Two or more school | 46873 |
| districts may unite and employ one such physician and at least one | 46874 |
| such dentist whose duties shall be such as are prescribed by law. | 46875 |
| Said school physician shall hold a license to practice medicine in | 46876 |
| Ohio, and each school dentist shall be licensed to practice in | 46877 |
| this state. School physicians and dentists may be discharged at | 46878 |
| any time by the board of education. School physicians and dentists | 46879 |
| shall serve one year and until their successors are appointed and | 46880 |
| shall receive such compensation as the board of education | 46881 |
| determines. The board of education may also employ registered | 46882 |
| nurses, as defined by section 4723.01 and licensed as school | 46883 |
|
nurses
under | 46884 |
| aid in such inspection in such ways as are prescribed by it, and | 46885 |
| to aid in the conduct and coordination of the school health | 46886 |
| service program. The school dentists shall make such examinations | 46887 |
| and diagnoses and render such remedial or corrective treatment for | 46888 |
| the school children as is prescribed by the board of education; | 46889 |
| provided that all such remedial or corrective treatment shall be | 46890 |
| limited to the children whose parents cannot otherwise provide for | 46891 |
| same, and then only with the written consent of the parents or | 46892 |
| guardians of such children. School dentists may also conduct such | 46893 |
| oral hygiene educational work as is authorized by the board of | 46894 |
| education. | 46895 |
| The board of education may delegate the duties and powers | 46896 |
| provided for in this section to the board of health or officer | 46897 |
| performing the functions of a board of health within the school | 46898 |
| district, if such board or officer is willing to assume the same. | 46899 |
| Boards of education shall co-operate with boards of health in the | 46900 |
| prevention and control of epidemics. | 46901 |
| Sec. 3313.713. (A) As used in this section: | 46902 |
| (1) "Drug" means a drug, as defined in section 4729.01 of the | 46903 |
| Revised Code, that is to be administered pursuant to the | 46904 |
| instructions of the prescriber, whether or not required by law to | 46905 |
| be sold only upon a prescription. | 46906 |
| (2) "Federal law" means the "Individuals with Disabilities | 46907 |
| Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended. | 46908 |
| (3) "Prescriber" has the same meaning as in section 4729.01 | 46909 |
| of the Revised Code. | 46910 |
| (B) The board of education of each city, local, exempted | 46911 |
| village, and joint vocational school district shall, not later | 46912 |
| than one hundred twenty days after September 20, 1984, adopt a | 46913 |
| policy on the authority of its employees, when acting in | 46914 |
| situations other than those governed by sections 2305.23, | 46915 |
| 2305.231, and 3313.712 of the Revised Code, to administer drugs | 46916 |
| prescribed to students enrolled in the schools of the district. | 46917 |
| The policy shall provide either that: | 46918 |
| (1) Except as otherwise required by federal law, no person | 46919 |
| employed by the board shall, in the course of such employment, | 46920 |
| administer any drug prescribed to any student enrolled in the | 46921 |
| schools of the district. | 46922 |
| (2) Designated persons employed by the board are authorized | 46923 |
| to administer to a student a drug prescribed for the student. | 46924 |
| Effective July 1, 2011, only employees of the board who hold a | 46925 |
| valid school nurse license or school nurse wellness coordinator | 46926 |
| license issued under section 3319.221 of the Revised Code or who | 46927 |
| have completed a drug administration training program conducted by | 46928 |
| a registered nurse may administer to a student a drug prescribed | 46929 |
| for the student. Except as otherwise provided by federal law, the | 46930 |
| board's policy may provide that certain drugs or types of drugs | 46931 |
|
shall not be administered or that no employee | 46932 |
| 46933 | |
| as injection, to administer a drug to a student. | 46934 |
| (C) No drug prescribed for a student shall be administered | 46935 |
| pursuant to federal law or a policy adopted under division (B) of | 46936 |
| this section until the following occur: | 46937 |
| (1) The board, or a person designated by the board, receives | 46938 |
| a written request, signed by the parent, guardian, or other person | 46939 |
| having care or charge of the student, that the drug be | 46940 |
| administered to the student. | 46941 |
| (2) The board, or a person designated by the board, receives | 46942 |
| a statement, signed by the prescriber, that includes all of the | 46943 |
| following information: | 46944 |
| (a) The name and address of the student; | 46945 |
| (b) The school and class in which the student is enrolled; | 46946 |
| (c) The name of the drug and the dosage to be administered; | 46947 |
| (d) The times or intervals at which each dosage of the drug | 46948 |
| is to be administered; | 46949 |
| (e) The date the administration of the drug is to begin; | 46950 |
| (f) The date the administration of the drug is to cease; | 46951 |
| (g) Any severe adverse reactions that should be reported to | 46952 |
| the prescriber and one or more phone numbers at which the | 46953 |
| prescriber can be reached in an emergency; | 46954 |
| (h) Special instructions for administration of the drug, | 46955 |
| including sterile conditions and storage. | 46956 |
| (3) The parent, guardian, or other person having care or | 46957 |
| charge of the student agrees to submit a revised statement signed | 46958 |
| by the prescriber to the board or a person designated by the board | 46959 |
| if any of the information provided by the prescriber pursuant to | 46960 |
| division (C)(2) of this section changes. | 46961 |
| (4) The person authorized by the board to administer the drug | 46962 |
| receives a copy of the statement required by division (C)(2) or | 46963 |
| (3) of this section. | 46964 |
| (5) The drug is received by the person authorized to | 46965 |
| administer the drug to the student for whom the drug is prescribed | 46966 |
| in the container in which it was dispensed by the prescriber or a | 46967 |
| licensed pharmacist. | 46968 |
| (6) Any other procedures required by the board are followed. | 46969 |
| (D) If a drug is administered to a student, the board of | 46970 |
| education shall acquire and retain copies of the written requests | 46971 |
| required by division (C)(1) and the statements required by | 46972 |
| divisions (C)(2) and (3) of this section and shall ensure that by | 46973 |
| the next school day following the receipt of any such statement a | 46974 |
| copy is given to the person authorized to administer drugs to the | 46975 |
| student for whom the statement has been received. The board, or a | 46976 |
| person designated by the board, shall establish a location in each | 46977 |
| school building for the storage of drugs to be administered under | 46978 |
| this section and federal law. All such drugs shall be stored in | 46979 |
| that location in a locked storage place, except that drugs that | 46980 |
| require refrigeration may be kept in a refrigerator in a place not | 46981 |
| commonly used by students. | 46982 |
| (E) No person who has been authorized by a board of education | 46983 |
| to administer a drug and has a copy of the most recent statement | 46984 |
| required by division (C)(2) or (3) of this section given to the | 46985 |
| person in accordance with division (D) of this section prior to | 46986 |
| administering the drug is liable in civil damages for | 46987 |
| administering or failing to administer the drug, unless such | 46988 |
| person acts in a manner that constitutes gross negligence or | 46989 |
| wanton or reckless misconduct. | 46990 |
| (F) A board of education may designate a person or persons to | 46991 |
| perform any function or functions in connection with a drug policy | 46992 |
| adopted under this section either by name or by position, | 46993 |
| training, qualifications, or similar distinguishing factors. | 46994 |
| Nothing in this section shall be construed to require a | 46995 |
| person employed by a board of education to administer a drug to a | 46996 |
| student unless the board's policy adopted in compliance with this | 46997 |
| section establishes such a requirement. A board shall not require | 46998 |
| an employee to administer a drug to a student if the employee | 46999 |
| objects, on the basis of religious convictions, to administering | 47000 |
| the drug. | 47001 |
| A policy adopted by a board of education pursuant to this | 47002 |
| section may be changed, modified, or revised by action of the | 47003 |
| board. | 47004 |
| Nothing in this section affects the application of section | 47005 |
| 2305.23, 2305.231, or 3313.712 of the Revised Code to the | 47006 |
| administration of emergency care or treatment to a student. | 47007 |
| | 47008 |
| 47009 | |
| each educational service center, the governing authority of each | 47010 |
| community school established under Chapter 3314. of the Revised | 47011 |
| Code, and the governing body of each STEM school established under | 47012 |
| Chapter 3326. of the Revised Code shall appoint a business | 47013 |
| advisory council. The council shall advise and provide | 47014 |
| recommendations to the board, governing authority, or governing | 47015 |
| body on matters specified by the board, governing authority, or | 47016 |
| governing body including, but not necessarily limited to, the | 47017 |
| delineation of employment skills and the development of | 47018 |
| curriculum to instill these skills; changes in the economy and in | 47019 |
| the job market, and the types of employment in which future jobs | 47020 |
| are most likely to be available; coordination with the Ohio | 47021 |
| skills bank and university system of Ohio institutions; | 47022 |
| development of the response to and implementation of | 47023 |
| recommendations from a performance review conducted under section | 47024 |
| 3306.32 of the Revised Code or a performance audit conducted under | 47025 |
| section 3316.042 of the Revised Code; and suggestions for | 47026 |
| developing a working relationship among businesses, labor | 47027 |
| organizations, and educational personnel in the district or in the | 47028 |
|
territory | 47029 |
| school, or STEM school. Each board, governing authority, or | 47030 |
| governing body shall determine the membership and organization of | 47031 |
| its council, and annually shall report to the department of | 47032 |
| education the names of the council members. Notwithstanding | 47033 |
| 47034 | |
| 3311.52 of the Revised Code, this section shall not apply to the | 47035 |
|
board of education of | 47036 |
| cooperative education school district created pursuant to | 47037 |
| divisions (A) to (C) of section 3311.52 of the Revised Code. | 47038 |
| Sec. 3313.821. (A) The board of education of each school | 47039 |
| district, the governing authority of each community school | 47040 |
| established under Chapter 3314. of the Revised Code, and the | 47041 |
| governing body of each STEM school established under Chapter 3326. | 47042 |
| of the Revised Code shall appoint a family and community | 47043 |
| engagement team. Each team shall do the following: | 47044 |
| (1) Work with local county family and children first councils | 47045 |
| established under section 121.37 of the Revised Code to recommend | 47046 |
| to the board, governing authority, or governing body | 47047 |
| qualifications and responsibilities to be included in the job | 47048 |
| descriptions for school family and community engagement | 47049 |
| coordinators; | 47050 |
| (2) Develop five-year family and community engagement plans; | 47051 |
| (3) Provide annual progress reports on the development and | 47052 |
| implementation of the plan. The board, governing authority, or | 47053 |
| governing body shall submit the plan and annual progress reports | 47054 |
| to the county family and children first council. | 47055 |
| (4) Advise and provide recommendations to the board, | 47056 |
| governing authority, or governing body on matters specified by the | 47057 |
| board, governing authority, or governing body. | 47058 |
| (B) Each board, governing authority, and governing body shall | 47059 |
| determine the membership and organization of its family and | 47060 |
| community engagement team, provided that it shall include parents, | 47061 |
| community representatives, health and human service | 47062 |
| representatives, business representatives, and any other | 47063 |
| representatives identified by the board, governing authority, or | 47064 |
| governing body. | 47065 |
| (C) Notwithstanding section 3311.055, this section does not | 47066 |
| apply to the governing board of an educational service center. | 47067 |
| Sec. 3313.822. As an alternative to appointing both a | 47068 |
| business advisory council and a family and community engagement | 47069 |
| team, the board of education of a school district, the governing | 47070 |
| authority of a community school, and the governing body of a STEM | 47071 |
| school may appoint one committee that functions as both. A | 47072 |
| committee appointed under this section shall perform all functions | 47073 |
| required of a business advisory council under section 3313.82 of | 47074 |
| the Revised Code and of a family and community engagement team | 47075 |
| under section 3313.821 of the Revised Code. Each board, governing | 47076 |
| authority, and governing body shall determine the membership and | 47077 |
| organization of its committee, provided the membership shall | 47078 |
| comply with the requirements of division (B) of section 3313.821 | 47079 |
| of the Revised Code. | 47080 |
| Sec. 3313.843. (A) Notwithstanding division (D) of section | 47081 |
| 3311.52 of the Revised Code, this section does not apply to either | 47082 |
| of the following: | 47083 |
| (1) Any cooperative education school district; | 47084 |
| (2) Any city or exempted village school district with a total | 47085 |
| student count of thirteen thousand or more determined pursuant to | 47086 |
| section 3317.03 of the Revised Code that has not entered into one | 47087 |
| or more agreements pursuant to this section prior to July 1, 1993, | 47088 |
| unless the district's total student count did not exceed thirteen | 47089 |
| thousand at the time it entered into an initial agreement under | 47090 |
| this section. | 47091 |
| (B) The board of education of a city or exempted village | 47092 |
| school district and the governing board of an educational service | 47093 |
| center may enter into an agreement, through adoption of identical | 47094 |
| resolutions, under which the educational service center governing | 47095 |
| board will provide services to the city or exempted village school | 47096 |
| district. | 47097 |
| Services provided under the agreement shall be specified in | 47098 |
| the agreement, and may include any one or a combination of the | 47099 |
| following: supervisory teachers; in-service and continuing | 47100 |
| education programs for city or exempted village school district | 47101 |
| personnel; curriculum services as provided to the local school | 47102 |
| districts under the supervision of the service center governing | 47103 |
| board; research and development programs; academic instruction for | 47104 |
| which the governing board employs teachers pursuant to section | 47105 |
| 3319.02 of the Revised Code; and assistance in the provision of | 47106 |
| special accommodations and classes for students with | 47107 |
| disabilities. Services included in the agreement shall be provided | 47108 |
| to the city or exempted village district in the same manner they | 47109 |
| are provided to local school districts under the governing board's | 47110 |
| supervision, unless otherwise specified in the agreement. The city | 47111 |
| or exempted village board of education shall reimburse the | 47112 |
| educational service center governing board pursuant to section | 47113 |
| 3317.11 of the Revised Code. | 47114 |
| (C) If an educational service center received funding under | 47115 |
| division (B) of former section 3317.11 or division (F) of section | 47116 |
| 3317.11 of the Revised Code for an agreement under this section | 47117 |
| involving a city school district whose total student count was | 47118 |
| less than thirteen thousand, the service center may continue to | 47119 |
| receive funding under that division for such an agreement in any | 47120 |
| subsequent year if the city district's total student count exceeds | 47121 |
| thirteen thousand. However, only the first thirteen thousand | 47122 |
| pupils in the formula ADM of such district shall be included in | 47123 |
| determining the amount of the per pupil subsidy the service center | 47124 |
| shall receive under division (F) of section 3317.11 of the Revised | 47125 |
| Code. | 47126 |
| (D) | 47127 |
| funding under division (F) of section 3317.11 of the Revised Code, | 47128 |
| or under division (B) of former section 3317.11 of the Revised | 47129 |
| Code as it existed prior to September 26, 2003, for services | 47130 |
| provided to a city or exempted village school district pursuant to | 47131 |
| an agreement entered into under this section is dissolved or is | 47132 |
| scheduled to be dissolved under section 3311.0510 of the Revised | 47133 |
| Code, the city or exempted village school district that entered | 47134 |
| into that agreement with the service center may enter into a new | 47135 |
| agreement under this section with another service center for the | 47136 |
| same or similar services. In that case, the other service center | 47137 |
| shall receive funding under division (F) of section 3317.11 of the | 47138 |
| Revised Code for services to that district for any subsequent year | 47139 |
| that the new agreement is in force. An agreement entered into | 47140 |
| under this division shall be effective on the first day of July | 47141 |
| following the date both the service center governing board and the | 47142 |
| city or exempted village school district board approved the | 47143 |
| agreement, unless the agreement is so approved after the initial | 47144 |
| service center is dissolved, in which case the agreement shall be | 47145 |
| effective on the date that both boards have approved the | 47146 |
| agreement. | 47147 |
| (E) Except for an agreement under division (D) of this | 47148 |
| section that is approved by the boards of the district and the new | 47149 |
| service center after the initial service center is dissolved, any | 47150 |
| agreement entered into pursuant to this section shall be valid | 47151 |
| only if a copy is filed with the department of education by the | 47152 |
| first day of the school year for which the agreement is in effect. | 47153 |
| An agreement under division (D) of this section that is approved | 47154 |
| by the boards of the district and the new service center after the | 47155 |
| initial service center is dissolved shall be valid only if a copy | 47156 |
| is filed with the department within ten days after both boards | 47157 |
| have approved the agreement. | 47158 |
| Sec. 3313.976. (A) No private school may receive scholarship | 47159 |
| payments from parents pursuant to section 3313.979 of the Revised | 47160 |
| Code until the chief administrator of the private school registers | 47161 |
| the school with the superintendent of public instruction. The | 47162 |
| state superintendent shall register any school that meets the | 47163 |
| following requirements: | 47164 |
| (1) The school is located within the boundaries of the pilot | 47165 |
| project school district; | 47166 |
| (2) The school indicates in writing its commitment to follow | 47167 |
| all requirements for a state-sponsored scholarship program | 47168 |
| specified under sections 3313.974 to 3313.979 of the Revised Code, | 47169 |
| including, but not limited to, the requirements for admitting | 47170 |
| students pursuant to section 3313.977 of the Revised Code; | 47171 |
| (3) The school meets all state minimum standards for | 47172 |
| chartered nonpublic schools in effect on July 1, 1992, except that | 47173 |
| the state superintendent at the superintendent's discretion may | 47174 |
| register nonchartered nonpublic schools meeting the other | 47175 |
| requirements of this division; | 47176 |
| (4) The school does not discriminate on the basis of race, | 47177 |
| religion, or ethnic background; | 47178 |
| (5) The school enrolls a minimum of ten students per class or | 47179 |
| a sum of at least twenty-five students in all the classes offered; | 47180 |
| (6) The school does not advocate or foster unlawful behavior | 47181 |
| or teach hatred of any person or group on the basis of race, | 47182 |
| ethnicity, national origin, or religion; | 47183 |
| (7) The school does not provide false or misleading | 47184 |
| information about the school to parents, students, or the general | 47185 |
| public; | 47186 |
| (8) For students in grades kindergarten through eight, the | 47187 |
| school agrees not to charge any tuition to low-income families | 47188 |
| receiving ninety per cent of the scholarship amount through the | 47189 |
| scholarship program, pursuant to division (A) of section 3313.978 | 47190 |
| of the Revised Code, in excess of ten per cent of the scholarship | 47191 |
| amount established pursuant to division (C)(1) of section 3313.978 | 47192 |
| of the Revised Code, excluding any increase described in division | 47193 |
| (C)(2) of that section. The school shall permit any such tuition, | 47194 |
| at the discretion of the parent, to be satisfied by the low-income | 47195 |
| family's provision of in-kind contributions or services. | 47196 |
| (9) For students in grades kindergarten through eight, the | 47197 |
| school agrees not to charge any tuition to low-income families | 47198 |
| receiving a seventy-five per cent scholarship amount through the | 47199 |
| scholarship program, pursuant to division (A) of section 3313.978 | 47200 |
| of the Revised Code, in excess of the difference between the | 47201 |
| actual tuition charge of the school and seventy-five per cent of | 47202 |
| the scholarship amount established pursuant to division (C)(1) of | 47203 |
| section 3313.978 of the Revised Code, excluding any increase | 47204 |
| described in division (C)(2) of that section. The school shall | 47205 |
| permit such tuition, at the discretion of the parent, to be | 47206 |
| satisfied by the low-income family's provision of in-kind | 47207 |
| contributions or services. | 47208 |
| (10) The school agrees not to charge any tuition to families | 47209 |
| of students in grades nine through twelve receiving a scholarship | 47210 |
| in excess of the actual tuition charge of the school less | 47211 |
| seventy-five or ninety per cent of the scholarship amount | 47212 |
| established pursuant to division (C)(1) of section 3313.978 of the | 47213 |
| Revised Code, as applicable, excluding any increase described in | 47214 |
| division (C)(2) of that section. | 47215 |
| (11) Notwithstanding division (K) of section 3301.0711 of the | 47216 |
| Revised Code, the school annually administers the assessments | 47217 |
| prescribed by section 3301.0710 of the Revised Code to each | 47218 |
| scholarship student enrolled in the school in accordance with | 47219 |
| section 3301.0711 of the Revised Code and reports to the | 47220 |
| department of education the results of each such assessment | 47221 |
| administered to each scholarship student. | 47222 |
| (B) The state superintendent shall revoke the registration of | 47223 |
| any school if, after a hearing, the superintendent determines that | 47224 |
| the school is in violation of any of the provisions of division | 47225 |
| (A) of this section. | 47226 |
| (C) Any public school located in a school district adjacent | 47227 |
| to the pilot project district may receive scholarship payments on | 47228 |
| behalf of parents pursuant to section 3313.979 of the Revised Code | 47229 |
| if the superintendent of the district in which such public school | 47230 |
| is located notifies the state superintendent prior to the first | 47231 |
| day of March that the district intends to admit students from the | 47232 |
| pilot project district for the ensuing school year pursuant to | 47233 |
| section 3327.06 of the Revised Code. | 47234 |
| (D) Any parent wishing to purchase tutorial assistance from | 47235 |
| any person or governmental entity pursuant to the pilot project | 47236 |
| program under sections 3313.974 to 3313.979 of the Revised Code | 47237 |
| shall apply to the state superintendent. The state superintendent | 47238 |
| shall approve providers who appear to possess the capability of | 47239 |
| furnishing the instructional services they are offering to | 47240 |
| provide. | 47241 |
| Sec. 3313.978. (A) Annually by the first day of November, | 47242 |
| the superintendent of public instruction shall notify the pilot | 47243 |
| project school district of the number of initial scholarships that | 47244 |
| the state superintendent will be awarding in each of grades | 47245 |
| kindergarten through eight. | 47246 |
| The state superintendent shall provide information about the | 47247 |
| scholarship program to all students residing in the district, | 47248 |
| shall accept applications from any such students until such date | 47249 |
| as shall be established by the state superintendent as a deadline | 47250 |
| for applications, and shall establish criteria for the selection | 47251 |
| of students to receive scholarships from among all those applying | 47252 |
| prior to the deadline, which criteria shall give preference to | 47253 |
| students from low-income families. For each student selected, the | 47254 |
| state superintendent shall also determine whether the student | 47255 |
| qualifies for seventy-five or ninety per cent of the scholarship | 47256 |
| amount. Students whose family income is at or above two hundred | 47257 |
| per cent of the maximum income level established by the state | 47258 |
| superintendent for low-income families shall qualify for | 47259 |
| seventy-five per cent of the scholarship amount and students whose | 47260 |
| family income is below two hundred per cent of that maximum income | 47261 |
| level shall qualify for ninety per cent of the scholarship amount. | 47262 |
| The state superintendent shall notify students of their selection | 47263 |
| prior to the fifteenth day of January and whether they qualify for | 47264 |
| seventy-five or ninety per cent of the scholarship amount. | 47265 |
| (1) A student receiving a pilot project scholarship may | 47266 |
| utilize it at an alternative public school by notifying the | 47267 |
| district superintendent, at any time before the beginning of the | 47268 |
| school year, of the name of the public school in an adjacent | 47269 |
| school district to which the student has been accepted pursuant to | 47270 |
| section 3327.06 of the Revised Code. | 47271 |
| (2) A student may decide to utilize a pilot project | 47272 |
| scholarship at a registered private school in the district if all | 47273 |
| of the following conditions are met: | 47274 |
| (a) By the fifteenth day of February of the preceding school | 47275 |
| year, or at any time prior to the start of the school year, the | 47276 |
| parent makes an application on behalf of the student to a | 47277 |
| registered private school. | 47278 |
| (b) The registered private school notifies the parent and the | 47279 |
| state superintendent as follows that the student has been | 47280 |
| admitted: | 47281 |
| (i) By the fifteenth day of March of the preceding school | 47282 |
| year if the student filed an application by the fifteenth day of | 47283 |
| February and was admitted by the school pursuant to division (A) | 47284 |
| of section 3313.977 of the Revised Code; | 47285 |
| (ii) Within one week of the decision to admit the student if | 47286 |
| the student is admitted pursuant to division (C) of section | 47287 |
| 3313.977 of the Revised Code. | 47288 |
| (c) The student actually enrolls in the registered private | 47289 |
| school to which the student was first admitted or in another | 47290 |
| registered private school in the district or in a public school in | 47291 |
| an adjacent school district. | 47292 |
| (B) The state superintendent shall also award in any school | 47293 |
| year tutorial assistance grants to a number of students equal to | 47294 |
| the number of students who receive scholarships under division (A) | 47295 |
| of this section. Tutorial assistance grants shall be awarded | 47296 |
| solely to students who are enrolled in the public schools of the | 47297 |
| district in a grade level covered by the pilot project. Tutorial | 47298 |
| assistance grants may be used solely to obtain tutorial assistance | 47299 |
| from a provider approved pursuant to division (D) of section | 47300 |
| 3313.976 of the Revised Code. | 47301 |
| All students wishing to obtain tutorial assistance grants | 47302 |
| shall make application to the state superintendent by the first | 47303 |
| day of the school year in which the assistance will be used. The | 47304 |
| state superintendent shall award assistance grants in accordance | 47305 |
| with criteria the superintendent shall establish. For each student | 47306 |
| awarded a grant, the state superintendent shall also determine | 47307 |
| whether the student qualifies for seventy-five or ninety per cent | 47308 |
| of the grant amount and so notify the student. Students whose | 47309 |
| family income is at or above two hundred per cent of the maximum | 47310 |
| income level established by the state superintendent for | 47311 |
| low-income families shall qualify for seventy-five per cent of the | 47312 |
| grant amount and students whose family income is below two hundred | 47313 |
| per cent of that maximum income level shall qualify for ninety per | 47314 |
| cent of the grant amount. | 47315 |
| (C)(1) In the case of basic scholarships for students in | 47316 |
| grades kindergarten through eight, the scholarship amount shall | 47317 |
| not exceed the lesser of the tuition charges of the alternative | 47318 |
| school the scholarship recipient attends or three thousand | 47319 |
| dollars before fiscal year 2007 and three thousand four hundred | 47320 |
| fifty dollars in fiscal year 2007 and thereafter. | 47321 |
| In the case of basic scholarships for students in grades nine | 47322 |
| through twelve, the scholarship amount shall not exceed the lesser | 47323 |
| of the tuition charges of the alternative school the scholarship | 47324 |
| recipient attends or two thousand seven hundred dollars before | 47325 |
| fiscal year 2007 and three thousand four hundred fifty dollars in | 47326 |
| fiscal year 2007 and thereafter. | 47327 |
| (2) The state superintendent shall provide for an increase in | 47328 |
| the basic scholarship amount in the case of any student who is a | 47329 |
| mainstreamed student with a disability and shall further increase | 47330 |
| such amount in the case of any separately educated student with a | 47331 |
| disability. Such increases shall take into account the | 47332 |
| instruction, related services, and transportation costs of | 47333 |
| educating such students. | 47334 |
| (3) In the case of tutorial assistance grants, the grant | 47335 |
| amount shall not exceed the lesser of the provider's actual | 47336 |
| charges for such assistance or: | 47337 |
| (a) Before fiscal year 2007, a percentage established by the | 47338 |
| state superintendent, not to exceed twenty per cent, of the amount | 47339 |
| of the pilot project school district's average basic scholarship | 47340 |
| amount; | 47341 |
| (b) In fiscal year 2007 and thereafter, four hundred dollars. | 47342 |
| (4) No scholarship or tutorial assistance grant shall be | 47343 |
| awarded unless the state superintendent determines that | 47344 |
| twenty-five or ten per cent, as applicable, of the amount | 47345 |
| specified for such scholarship or grant pursuant to division | 47346 |
| (C)(1), (2), or (3) of this section will be furnished by a | 47347 |
| political subdivision, a private nonprofit or for profit entity, | 47348 |
| or another person. Only seventy-five or ninety per cent of such | 47349 |
| amounts, as applicable, shall be paid from state funds pursuant to | 47350 |
| section 3313.979 of the Revised Code. | 47351 |
| (D)(1) Annually by the first day of November, the state | 47352 |
| superintendent shall estimate the maximum per-pupil scholarship | 47353 |
| amounts for the ensuing school year. The state superintendent | 47354 |
| shall make this estimate available to the general public at the | 47355 |
| offices of the district board of education together with the forms | 47356 |
| required by division (D)(2) of this section. | 47357 |
| (2) Annually by the fifteenth day of January, the chief | 47358 |
| administrator of each registered private school located in the | 47359 |
| pilot project district and the principal of each public school in | 47360 |
| such district shall complete a parental information form and | 47361 |
| forward it to the president of the board of education. The | 47362 |
| parental information form shall be prescribed by the department of | 47363 |
| education and shall provide information about the grade levels | 47364 |
| offered, the numbers of students, tuition amounts, achievement | 47365 |
| test results, and any sectarian or other organizational | 47366 |
| affiliations. | 47367 |
| (E)(1) Only for the purpose of administering the pilot | 47368 |
| project scholarship program, the department may request from any | 47369 |
| of the following entities the data verification code assigned | 47370 |
| under division (D)(2) of section 3301.0714 of the Revised Code to | 47371 |
| any student who is seeking a scholarship under the program: | 47372 |
| (a) The school district in which the student is entitled to | 47373 |
| attend school under section 3313.64 or 3313.65 of the Revised | 47374 |
| Code; | 47375 |
| (b) If applicable, the community school in which the student | 47376 |
| is enrolled; | 47377 |
| (c) The independent contractor engaged to create and maintain | 47378 |
| data verification codes. | 47379 |
| (2) Upon a request by the department under division (E)(1) of | 47380 |
| this section for the data verification code of a student seeking a | 47381 |
| scholarship or a request by the student's parent for that code, | 47382 |
| the school district or community school shall submit that code to | 47383 |
| the department or parent in the manner specified by the | 47384 |
| department. If the student has not been assigned a code, because | 47385 |
| the student will be entering kindergarten during the school year | 47386 |
| for which the scholarship is sought, the district shall assign a | 47387 |
| code to that student and submit the code to the department or | 47388 |
| parent by a date specified by the department. If the district does | 47389 |
| not assign a code to the student by the specified date, the | 47390 |
| department shall assign a code to the student. | 47391 |
| The department annually shall submit to each school district | 47392 |
| the name and data verification code of each student residing in | 47393 |
| the district who is entering kindergarten, who has been awarded a | 47394 |
| scholarship under the program, and for whom the department has | 47395 |
| assigned a code under this division. | 47396 |
| (3) The department shall not release any data verification | 47397 |
| code that it receives under division (E) of this section to any | 47398 |
| person except as provided by law. | 47399 |
| (F) Any document relative to the pilot project scholarship | 47400 |
| program that the department holds in its files that contains both | 47401 |
| a student's name or other personally identifiable information and | 47402 |
| the student's data verification code shall not be a public record | 47403 |
| under section 149.43 of the Revised Code. | 47404 |
| (G)(1) The department annually shall compile the scores | 47405 |
| attained by scholarship students enrolled in registered private | 47406 |
| schools on the assessments administered to the students pursuant | 47407 |
| to division (A)(11) of section 3313.976 of the Revised Code. The | 47408 |
| scores shall be aggregated as follows: | 47409 |
| (a) By school district, which shall include all scholarship | 47410 |
| students residing in the pilot project school district who are | 47411 |
| enrolled in a registered private school and were required to take | 47412 |
| an assessment pursuant to division (A)(11) of section 3313.976 of | 47413 |
| the Revised Code; | 47414 |
| (b) By registered private school, which shall include all | 47415 |
| scholarship students enrolled in that school who were required to | 47416 |
| take an assessment pursuant to division (A)(11) of section | 47417 |
| 3313.976 of the Revised Code. | 47418 |
| (2) The department shall disaggregate the student performance | 47419 |
| data described in division (G)(1) of this section according to the | 47420 |
| following categories: | 47421 |
| (a) Age; | 47422 |
| (b) Race and ethnicity; | 47423 |
| (c) Gender; | 47424 |
| (d) Students who have participated in the scholarship program | 47425 |
| for three or more years; | 47426 |
| (e) Students who have participated in the scholarship program | 47427 |
| for more than one year and less than three years; | 47428 |
| (f) Students who have participated in the scholarship program | 47429 |
| for one year or less; | 47430 |
| (g) Economically disadvantaged students. | 47431 |
| (3) The department shall post the student performance data | 47432 |
| required under divisions (G)(1) and (2) of this section on its web | 47433 |
| site and shall include that data in the information about the | 47434 |
| scholarship program provided to students under division (A) of | 47435 |
| this section. In reporting student performance data under this | 47436 |
| division, the department shall not include any data that is | 47437 |
| statistically unreliable or that could result in the | 47438 |
| identification of individual students. For this purpose, the | 47439 |
| department shall not report performance data for any group that | 47440 |
| contains less than ten students. | 47441 |
| (4) The department shall provide the parent of each | 47442 |
| scholarship student enrolled in a registered private school with | 47443 |
| information comparing the student's performance on the assessments | 47444 |
| administered pursuant to division (A)(11) of section 3313.976 of | 47445 |
| the Revised Code with the average performance of similar students | 47446 |
| enrolled in the building operated by the pilot project school | 47447 |
| district that the scholarship student would otherwise attend. In | 47448 |
| calculating the performance of similar students, the department | 47449 |
| shall consider age, grade, race and ethnicity, gender, and | 47450 |
| socioeconomic status. | 47451 |
| Sec. 3313.98. Notwithstanding division (D) of section | 47452 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 47453 |
| the provisions of this section and sections 3313.981 to 3313.983 | 47454 |
| of the Revised Code that apply to a city school district do not | 47455 |
| apply to a joint vocational or cooperative education school | 47456 |
| district unless expressly specified. | 47457 |
| (A) As used in this section and sections 3313.981 to 3313.983 | 47458 |
| of the Revised Code: | 47459 |
| (1) "Parent" means either of the natural or adoptive parents | 47460 |
| of a student, except under the following conditions: | 47461 |
| (a) When the marriage of the natural or adoptive parents of | 47462 |
| the student has been terminated by a divorce, dissolution of | 47463 |
| marriage, or annulment or the natural or adoptive parents of the | 47464 |
| student are living separate and apart under a legal separation | 47465 |
| decree and the court has issued an order allocating the parental | 47466 |
| rights and responsibilities with respect to the student, "parent" | 47467 |
| means the residential parent as designated by the court except | 47468 |
| that "parent" means either parent when the court issues a shared | 47469 |
| parenting decree. | 47470 |
| (b) When a court has granted temporary or permanent custody | 47471 |
| of the student to an individual or agency other than either of the | 47472 |
| natural or adoptive parents of the student, "parent" means the | 47473 |
| legal custodian of the child. | 47474 |
| (c) When a court has appointed a guardian for the student, | 47475 |
| "parent" means the guardian of the student. | 47476 |
| (2) "Native student" means a student entitled under section | 47477 |
| 3313.64 or 3313.65 of the Revised Code to attend school in a | 47478 |
| district adopting a resolution under this section. | 47479 |
| (3) "Adjacent district" means a city, exempted village, or | 47480 |
| local school district having territory that abuts the territory of | 47481 |
| a district adopting a resolution under this section. | 47482 |
| (4) "Adjacent district student" means a student entitled | 47483 |
| under section 3313.64 or 3313.65 of the Revised Code to attend | 47484 |
| school in an adjacent district. | 47485 |
| (5) "Adjacent district joint vocational student" means an | 47486 |
| adjacent district student who enrolls in a city, exempted village, | 47487 |
| or local school district pursuant to this section and who also | 47488 |
| enrolls in a joint vocational school district that does not | 47489 |
| contain the territory of the district for which that student is a | 47490 |
| native student and does contain the territory of the city, | 47491 |
| exempted village, or local district in which the student enrolls. | 47492 |
| (6) | 47493 |
| 47494 |
| | 47495 |
| 47496 | |
| 47497 | |
| "Formula ADM" has the same meaning as in section 3317.02 of the | 47498 |
| Revised Code. | 47499 |
| | 47500 |
| the director of the United States office of management and budget | 47501 |
| as revised by the director of the office of community services in | 47502 |
| accordance with section 673(2) of the "Community Services Block | 47503 |
| Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. | 47504 |
| | 47505 |
| the Revised Code. | 47506 |
| | 47507 |
| local school district having territory outside of the territory of | 47508 |
| a district adopting a resolution under this section. | 47509 |
| | 47510 |
| under section 3313.64 or 3313.65 of the Revised Code to attend | 47511 |
| school in an other district. | 47512 |
| | 47513 |
| student who is enrolled in any city, exempted village, or local | 47514 |
| school district and who also enrolls in a joint vocational school | 47515 |
| district that does not contain the territory of the district for | 47516 |
| which that student is a native student in accordance with a policy | 47517 |
| adopted under section 3313.983 of the Revised Code. | 47518 |
| (B)(1) The board of education of each city, local, and | 47519 |
| exempted village school district shall adopt a resolution | 47520 |
| establishing for the school district one of the following | 47521 |
| policies: | 47522 |
| (a) A policy that entirely prohibits the enrollment of | 47523 |
| students from adjacent districts or other districts, other than | 47524 |
| students for whom tuition is paid in accordance with section | 47525 |
| 3317.08 of the Revised Code; | 47526 |
| (b) A policy that permits enrollment of students from all | 47527 |
| adjacent districts in accordance with policy statements contained | 47528 |
| in the resolution; | 47529 |
| (c) A policy that permits enrollment of students from all | 47530 |
| other districts in accordance with policy statements contained in | 47531 |
| the resolution. | 47532 |
| (2) A policy permitting enrollment of students from adjacent | 47533 |
| or from other districts, as applicable, shall provide for all of | 47534 |
| the following: | 47535 |
| (a) Application procedures, including deadlines for | 47536 |
| application and for notification of students and the | 47537 |
| superintendent of the applicable district whenever an adjacent or | 47538 |
| other district student's application is approved. | 47539 |
| (b) Procedures for admitting adjacent or other district | 47540 |
| applicants free of any tuition obligation to the district's | 47541 |
| schools, including, but not limited to: | 47542 |
| (i) The establishment of district capacity limits by grade | 47543 |
| level, school building, and education program; | 47544 |
| (ii) A requirement that all native students wishing to be | 47545 |
| enrolled in the district will be enrolled and that any adjacent or | 47546 |
| other district students previously enrolled in the district shall | 47547 |
| receive preference over first-time applicants; | 47548 |
| (iii) Procedures to ensure that an appropriate racial balance | 47549 |
| is maintained in the district schools. | 47550 |
| (C) Except as provided in section 3313.982 of the Revised | 47551 |
| Code, the procedures for admitting adjacent or other district | 47552 |
| students, as applicable, shall not include: | 47553 |
| (1) Any requirement of academic ability, or any level of | 47554 |
| athletic, artistic, or other extracurricular skills; | 47555 |
| (2) Limitations on admitting applicants because of | 47556 |
| disability, except that a board may refuse to admit a student | 47557 |
| receiving services under Chapter 3323. of the Revised Code, if | 47558 |
| the services described in the student's IEP are not available in | 47559 |
| the district's schools; | 47560 |
| (3) A requirement that the student be proficient in the | 47561 |
| English language; | 47562 |
| (4) Rejection of any applicant because the student has been | 47563 |
| subject to disciplinary proceedings, except that if an applicant | 47564 |
| has been suspended or expelled by the student's district for ten | 47565 |
| consecutive days or more in the term for which admission is sought | 47566 |
| or in the term immediately preceding the term for which admission | 47567 |
| is sought, the procedures may include a provision denying | 47568 |
| admission of such applicant. | 47569 |
| (D)(1) Each school board permitting only enrollment of | 47570 |
| adjacent district students shall provide information about the | 47571 |
| policy adopted under this section, including the application | 47572 |
| procedures and deadlines, to the superintendent and the board of | 47573 |
| education of each adjacent district and, upon request, to the | 47574 |
| parent of any adjacent district student. | 47575 |
| (2) Each school board permitting enrollment of other district | 47576 |
| students shall provide information about the policy adopted under | 47577 |
| this section, including the application procedures and deadlines, | 47578 |
| upon request, to the board of education of any other school | 47579 |
| district or to the parent of any student anywhere in the state. | 47580 |
| (E) Any school board shall accept all credits toward | 47581 |
| graduation earned in adjacent or other district schools by an | 47582 |
| adjacent or other district student or a native student. | 47583 |
| (F)(1) No board of education may adopt a policy discouraging | 47584 |
| or prohibiting its native students from applying to enroll in the | 47585 |
| schools of an adjacent or any other district that has adopted a | 47586 |
| policy permitting such enrollment, except that: | 47587 |
| (a) A district may object to the enrollment of a native | 47588 |
| student in an adjacent or other district in order to maintain an | 47589 |
| appropriate racial balance. | 47590 |
| (b) The board of education of a district receiving funds | 47591 |
| under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, | 47592 |
| may adopt a resolution objecting to the enrollment of its native | 47593 |
| students in adjacent or other districts if at least ten per cent | 47594 |
| of its students are included in the determination of the United | 47595 |
| States secretary of education made under section 20 U.S.C.A. | 47596 |
| 238(a). | 47597 |
| (2) If a board objects to enrollment of native students under | 47598 |
| this division, any adjacent or other district shall refuse to | 47599 |
| enroll such native students unless tuition is paid for the | 47600 |
| students in accordance with section 3317.08 of the Revised Code. | 47601 |
| 47602 | |
| 47603 | |
| 47604 |
| (G) The state board of education shall monitor school | 47605 |
| districts to ensure compliance with this section and the | 47606 |
| districts' policies. The board may adopt rules requiring uniform | 47607 |
| application procedures, deadlines for application, notification | 47608 |
| procedures, and record-keeping requirements for all school boards | 47609 |
| that adopt policies permitting the enrollment of adjacent or other | 47610 |
| district students, as applicable. If the state board adopts such | 47611 |
| rules, no school board shall adopt a policy that conflicts with | 47612 |
| those rules. | 47613 |
| (H) A resolution adopted by a board of education under this | 47614 |
| section that entirely prohibits the enrollment of students from | 47615 |
| adjacent and from other school districts does not abrogate any | 47616 |
| agreement entered into under section 3313.841 or 3313.92 of the | 47617 |
| Revised Code or any contract entered into under section 3313.90 of | 47618 |
| the Revised Code between the board of education adopting the | 47619 |
| resolution and the board of education of any adjacent or other | 47620 |
| district or prohibit these boards of education from entering into | 47621 |
| any such agreement or contract. | 47622 |
| (I) Nothing in this section shall be construed to permit or | 47623 |
| require the board of education of a city, exempted village, or | 47624 |
| local school district to exclude any native student of the | 47625 |
| district from enrolling in the district. | 47626 |
| Sec. 3313.981. (A) The state board of education shall adopt | 47627 |
| rules requiring all of the following: | 47628 |
| (1) The board of education of each city, exempted village, | 47629 |
| and local school district to annually report to the department of | 47630 |
| education all of the following: | 47631 |
| (a) The number of adjacent district or other district | 47632 |
| students, as applicable, and adjacent district or other district | 47633 |
| joint vocational students, as applicable, enrolled in the district | 47634 |
| and the number of native students enrolled in adjacent or other | 47635 |
| districts, in accordance with a policy adopted under division (B) | 47636 |
| of section 3313.98 of the Revised Code; | 47637 |
| (b) Each adjacent district or other district student's or | 47638 |
| adjacent district or other district joint vocational student's | 47639 |
| date of enrollment in the district; | 47640 |
| (c) The full-time equivalent number of adjacent district or | 47641 |
| other district students enrolled in vocational education programs | 47642 |
| or classes described in division (A) of section 3317.014 of the | 47643 |
| Revised Code and the full-time equivalent number of such students | 47644 |
| enrolled in vocational education programs or classes described in | 47645 |
| division (B) of that section; | 47646 |
| (d) Each native student's date of enrollment in an adjacent | 47647 |
| or other district. | 47648 |
| (2) The board of education of each joint vocational school | 47649 |
| district to annually report to the department all of the | 47650 |
| following: | 47651 |
| (a) The number of adjacent district or other district joint | 47652 |
| vocational students, as applicable, enrolled in the district; | 47653 |
| (b) The full-time equivalent number of adjacent district or | 47654 |
| other district joint vocational students enrolled in vocational | 47655 |
| education programs or classes described in division (A) of section | 47656 |
| 3317.014 of the Revised Code and the full-time equivalent number | 47657 |
| of such students enrolled in vocational education programs or | 47658 |
| classes described in division (B) of that section; | 47659 |
| (c) For each adjacent district or other district joint | 47660 |
| vocational student, the city, exempted village, or local school | 47661 |
| district in which the student is also enrolled. | 47662 |
| (3) Prior to the first full school week in October each year, | 47663 |
| the superintendent of each city, local, or exempted village school | 47664 |
| district that admits adjacent district or other district students | 47665 |
| or adjacent district or other district joint vocational students | 47666 |
| in accordance with a policy adopted under division (B) of section | 47667 |
| 3313.98 of the Revised Code to notify each adjacent or other | 47668 |
| district where those students are entitled to attend school under | 47669 |
| section 3313.64 or 3313.65 of the Revised Code of the number of | 47670 |
| the adjacent or other district's native students who are enrolled | 47671 |
| in the superintendent's district under the policy. | 47672 |
| The rules shall provide for the method of counting students | 47673 |
| who are enrolled for part of a school year in an adjacent or other | 47674 |
| district or as an adjacent district or other district joint | 47675 |
| vocational student. | 47676 |
| (B) | 47677 |
| 47678 | |
| 47679 | |
| 47680 |
| | 47681 |
| 47682 | |
| 47683 | |
| 47684 | |
| 47685 | |
| 47686 |
| | 47687 |
| 47688 | |
| 47689 | |
| 47690 | |
| 47691 |
| | 47692 |
| 47693 | |
| 47694 | |
| 47695 | |
| 47696 | |
| 47697 |
| | 47698 |
| 47699 | |
| 47700 |
| | 47701 |
| 47702 | |
| 47703 | |
| 47704 | |
| 47705 | |
| 47706 |
| | 47707 |
| 47708 | |
| 47709 | |
| 47710 | |
| 47711 |
| | 47712 |
| 47713 | |
| 47714 | |
| 47715 | |
| 47716 | |
| 47717 | |
| 47718 |
| | 47719 |
| 47720 | |
| 47721 | |
| 47722 |
| | 47723 |
| 47724 | |
| 47725 | |
| 47726 | |
| 47727 |
| | 47728 |
| 47729 | |
| 47730 |
| | 47731 |
| 47732 | |
| 47733 | |
| 47734 | |
| school of an adjacent or other district under an open enrollment | 47735 |
| policy adopted under section 3313.98 of the Revised Code shall be | 47736 |
| counted in the formula ADM of the district in which the student | 47737 |
| is enrolled and not in the formula ADM of the district in which | 47738 |
| the student is entitled to attend school under section 3313.64 or | 47739 |
| 3313.65 of the Revised Code. Accordingly, the district in which | 47740 |
| the student is enrolled shall be credited with state funds for | 47741 |
| the student under Chapters 3306. and 3317. of the Revised Code. | 47742 |
| | 47743 |
| board providing special education and related services to an | 47744 |
| adjacent or other district student in accordance with an IEP | 47745 |
| shall, pursuant to rules of the state board, compute the excess | 47746 |
|
costs to educate
such student | 47747 |
| | 47748 |
|
subtracting
from the actual costs to educate the student | 47749 |
| | 47750 |
| 47751 | |
|
under | 47752 |
| provide special education and related services to the student. | 47753 |
| (2) The board shall report the excess costs computed under | 47754 |
| this division to the department of education. | 47755 |
| (3) If any student for whom excess costs are computed under | 47756 |
|
division | 47757 |
| district joint vocational student, the department of education | 47758 |
| shall add the amount of such excess costs to the payments made | 47759 |
|
under
| 47760 |
| joint vocational school district enrolling the student. | 47761 |
| | 47762 |
| 47763 | |
| 47764 | |
| 47765 | |
| 47766 |
| | 47767 |
| 47768 | |
| 47769 | |
| 47770 | |
| 47771 | |
| 47772 |
| | 47773 |
| offers transportation to native students of the same grade level | 47774 |
| and distance from school under section 3327.01 of the Revised | 47775 |
| Code, a city, exempted village, or local school board enrolling an | 47776 |
| adjacent or other district student shall provide transportation | 47777 |
| for the student within the boundaries of the board's district, | 47778 |
| except that the board shall be required to pick up and drop off a | 47779 |
| nonhandicapped student only at a regular school bus stop | 47780 |
| designated in accordance with the board's transportation policy. | 47781 |
| Pursuant to rules of the state board of education, such board may | 47782 |
|
reimburse the parent from funds received under | 47783 |
|
section | 47784 |
| cost of transportation from the student's home to the designated | 47785 |
| school bus stop if the student's family has an income below the | 47786 |
| federal poverty line. | 47787 |
| Sec. 3314.012. (A) Within ninety days of September 28, 1999, | 47788 |
| the superintendent of public instruction shall appoint | 47789 |
| representatives of the department of education, including | 47790 |
| employees who work with the education management information | 47791 |
| system and employees of the office of community schools | 47792 |
| established by section 3314.11 of the Revised Code, to a committee | 47793 |
| to develop report card models for community schools. The director | 47794 |
| of the legislative office of education oversight shall also | 47795 |
| appoint representatives to the committee. The committee shall | 47796 |
| design model report cards appropriate for the various types of | 47797 |
| community schools approved to operate in the state. Sufficient | 47798 |
| models shall be developed to reflect the variety of grade levels | 47799 |
| served and the missions of the state's community schools. All | 47800 |
| models shall include both financial and academic data. The initial | 47801 |
| models shall be developed by March 31, 2000. | 47802 |
| (B) The department of education shall issue an annual report | 47803 |
| card for each community school, regardless of how long the school | 47804 |
| has been in operation. The report card shall report the academic | 47805 |
| and financial performance of the school utilizing one of the | 47806 |
| models developed under division (A) of this section. The report | 47807 |
| card shall include all information applicable to school buildings | 47808 |
|
under division (A) of section 3302.03 of the Revised Code | 47809 |
| 47810 |
| (C) Upon receipt of a copy of a contract between a sponsor | 47811 |
| and a community school entered into under this chapter, the | 47812 |
| department of education shall notify the community school of the | 47813 |
| specific model report card that will be used for that school. | 47814 |
| (D) Report cards shall be distributed to the parents of all | 47815 |
| students in the community school, to the members of the board of | 47816 |
| education of the school district in which the community school is | 47817 |
| located, and to any person who requests one from the department. | 47818 |
| | 47819 |
| 47820 | |
| 47821 |
| Sec. 3314.015. (A) The department of education shall be | 47822 |
| responsible for the oversight of any and all sponsors of the | 47823 |
| community schools established under this chapter and shall provide | 47824 |
| technical assistance to schools and sponsors in their compliance | 47825 |
| with applicable laws and the terms of the contracts entered into | 47826 |
| under section 3314.03 of the Revised Code and in the development | 47827 |
| and start-up activities of those schools. In carrying out its | 47828 |
| duties under this section, the department shall do all of the | 47829 |
| following: | 47830 |
| (1) In providing technical assistance to proposing parties, | 47831 |
| governing authorities, and sponsors, conduct training sessions and | 47832 |
| distribute informational materials; | 47833 |
| (2) Approve entities to be sponsors of community schools | 47834 |
| 47835 |
| (3) Monitor the effectiveness of | 47836 |
| in their oversight of the schools with which they have contracted; | 47837 |
| | 47838 |
| to the governor, the speaker of the house of representatives, the | 47839 |
| president of the senate, and the chairpersons of the house and | 47840 |
| senate committees principally responsible for education matters | 47841 |
| regarding the effectiveness of academic programs, operations, and | 47842 |
| legal compliance and of the financial condition of all community | 47843 |
| schools established under this chapter and on the performance of | 47844 |
| community school sponsors; | 47845 |
| | 47846 |
| the general assembly designed to enhance the operation and | 47847 |
| performance of community schools. | 47848 |
|
(B)(1) | 47849 |
| 3314.027 of the Revised Code, no entity listed in division (C)(1) | 47850 |
| of section 3314.02 of the Revised Code shall enter into a | 47851 |
| preliminary agreement under division (C)(2) of section 3314.02 of | 47852 |
| the Revised Code until it has received approval from the | 47853 |
| department of education to sponsor community schools under this | 47854 |
| chapter and has entered into a written agreement with the | 47855 |
| department regarding the manner in which the entity will conduct | 47856 |
| such sponsorship. The department shall adopt in accordance with | 47857 |
| Chapter 119. of the Revised Code rules containing criteria, | 47858 |
| procedures, and deadlines for processing applications for such | 47859 |
| approval, for oversight of sponsors, for revocation of the | 47860 |
| approval of sponsors, and for entering into written agreements | 47861 |
| with sponsors. The rules shall require an entity to submit | 47862 |
| evidence of the entity's ability and willingness to comply with | 47863 |
| the provisions of division (D) of section 3314.03 of the Revised | 47864 |
| Code. The rules also shall require entities approved as sponsors | 47865 |
| on and after June 30, 2005, to demonstrate a record of financial | 47866 |
| responsibility and successful implementation of educational | 47867 |
| programs. If an entity seeking approval on or after June 30, | 47868 |
| 2005, to sponsor community schools in this state sponsors or | 47869 |
| operates schools in another state, at least one of the schools | 47870 |
| sponsored or operated by the entity must be comparable to or | 47871 |
| better than the performance of Ohio schools in need of | 47872 |
| continuous improvement under section 3302.03 of the Revised | 47873 |
| Code, as determined by the department. | 47874 |
| (2) An entity that sponsors community schools may enter into | 47875 |
| preliminary agreements and sponsor schools as follows, provided | 47876 |
| each school and the contract for sponsorship meets the | 47877 |
| requirements of this chapter: | 47878 |
| (a) An entity that sponsored fifty or fewer schools that were | 47879 |
| open for operation as of May 1, 2005, may sponsor not more than | 47880 |
| fifty schools. | 47881 |
| (b) An entity that sponsored more than fifty but not more | 47882 |
| than seventy-five schools that were open for operation as of May | 47883 |
| 1, 2005, may sponsor not more than the number of schools the | 47884 |
| entity sponsored that were open for operation as of May 1, 2005. | 47885 |
| (c) Until June 30, 2006, an entity that sponsored more than | 47886 |
| seventy-five schools that were open for operation as of May 1, | 47887 |
| 2005, may sponsor not more than the number of schools the entity | 47888 |
| sponsored that were open for operation as of May 1, 2005. After | 47889 |
| June 30, 2006, such an entity may sponsor not more than | 47890 |
| seventy-five schools. | 47891 |
| | 47892 |
| 47893 | |
| number of schools the entity may sponsor. | 47894 |
| Notwithstanding the limits imposed by division (B)(2) of this | 47895 |
| section, no entity shall initially enter into a contract with a | 47896 |
| school under section 3314.03 of the Revised Code if more than | 47897 |
| thirty-three per cent of the Ohio schools currently sponsored by | 47898 |
| the entity have a performance rating of academic watch or | 47899 |
| academic emergency under section 3302.03 of the Revised Code. | 47900 |
| The limit imposed on an entity | 47901 |
|
of
this section | 47902 |
| sponsored by the entity that permanently closes. | 47903 |
| If at any time an entity exceeds the number of schools it may | 47904 |
| sponsor under this division, the department shall assist the | 47905 |
| schools in excess of the entity's limit in securing new sponsors. | 47906 |
| If a school is unable to secure a new sponsor, the department | 47907 |
| shall assume sponsorship of the school in accordance with division | 47908 |
| (C) of this section. Those schools for which another sponsor or | 47909 |
| the department assumes sponsorship shall be the schools that most | 47910 |
| recently entered into contracts with the entity under section | 47911 |
| 3314.03 of the Revised Code. | 47912 |
| | 47913 |
| to criteria adopted by rule of the department, whether the mission | 47914 |
| proposed to be specified in the contract of a community school to | 47915 |
| be sponsored by a state university board of trustees or the | 47916 |
| board's designee under division (C)(1)(e) of section 3314.02 of | 47917 |
| the Revised Code complies with the requirements of that division. | 47918 |
| Such determination of the department is final. | 47919 |
| | 47920 |
| to criteria adopted by rule of the department, if any tax-exempt | 47921 |
| entity under section 501(c)(3) of the Internal Revenue Code that | 47922 |
| is proposed to be a sponsor of a community school is an | 47923 |
| education-oriented entity for purpose of satisfying the condition | 47924 |
| prescribed in division (C)(1)(f)(iii) of section 3314.02 of the | 47925 |
| Revised Code. Such determination of the department is final. | 47926 |
| (C) If at any time the state board of education finds that a | 47927 |
| sponsor is not in compliance or is no longer willing to comply | 47928 |
| with its contract with any community school or with the | 47929 |
| department's rules for sponsorship, the state board or designee | 47930 |
| shall conduct a hearing in accordance with Chapter 119. of the | 47931 |
| Revised Code on that matter. If after the hearing, the state board | 47932 |
| or designee has confirmed the original finding, the department of | 47933 |
|
education may revoke the sponsor's | 47934 |
| community schools and may assume the sponsorship of any schools | 47935 |
| with which the sponsor has contracted until the earlier of the | 47936 |
| expiration of two school years or until a new sponsor as | 47937 |
| described in division (C)(1) of section 3314.02 of the Revised | 47938 |
| Code is secured by the school's governing authority. The | 47939 |
| department may extend the term of the contract in the case of a | 47940 |
| school for which it has assumed sponsorship under this division | 47941 |
| as necessary to accommodate the term of the department's | 47942 |
| authorization to sponsor the school specified in this division. | 47943 |
| (D)(1) The department may declare any sponsor, including any | 47944 |
| sponsor that is exempt pursuant to section 3314.021 or 3314.027 of | 47945 |
| the Revised Code from obtaining the department's initial approval | 47946 |
| to sponsor, to be in a probationary status if at any time the | 47947 |
| sponsor has failed to take any of the following actions, which | 47948 |
| actions the department determines are warranted: | 47949 |
| (a) Take steps to intervene in a school's operation to | 47950 |
| correct problems in the school's performance, including the | 47951 |
| monitoring and enforcement of the implementation of a school's | 47952 |
| corrective action plan required by the department; | 47953 |
| (b) Declare a school to be in a probationary status pursuant | 47954 |
| to section 3314.073 of the Revised Code; | 47955 |
| (c) Suspend the operation of a school pursuant to section | 47956 |
| 3314.072 of the Revised Code; | 47957 |
| (d) Terminate a school's contract pursuant to section 3314.07 | 47958 |
| of the Revised Code. | 47959 |
| (2) If the department declares a sponsor to be in a | 47960 |
| probationary status, the department shall send a written | 47961 |
| notification stating the department's declaration, the length of | 47962 |
| the probationary status, the reasons for the declaration, and a | 47963 |
| requirement that the sponsor submit to the department an offer of | 47964 |
| reasonable remedies within ten business days after the date of the | 47965 |
| department's notice to the sponsor. If the department finds the | 47966 |
| remedies offered by the sponsor satisfactory, the sponsor shall | 47967 |
| take the actions necessary to implement them. The department shall | 47968 |
| monitor the sponsor's actions to implement the remedies. | 47969 |
| (3) If the department finds that the remedies offered by the | 47970 |
| sponsor under division (D)(2) of this section are not | 47971 |
| satisfactory, or if the department finds that the sponsor is not | 47972 |
| taking the actions necessary to implement those remedies, the | 47973 |
| department may suspend the sponsor's authority to sponsor schools | 47974 |
| or may partially restrict the sponsor's authority to sponsor | 47975 |
| schools by limiting the geographic territory within which the | 47976 |
| sponsor may sponsor schools, reducing the number of schools the | 47977 |
| sponsor may sponsor, or restricting the types of schools the | 47978 |
| sponsor may sponsor. The department also may require the sponsor | 47979 |
| to submit additional reports above and beyond those otherwise | 47980 |
| required by law. | 47981 |
| (4) If the department suspends or restricts a sponsor's | 47982 |
| authority to sponsor schools under division (D)(3) of this | 47983 |
| section, the department shall assign another sponsor that is | 47984 |
| approved by the department and that agrees to do so to sponsor any | 47985 |
| school affected by the suspension or restriction until the | 47986 |
| department rescinds the suspension or restriction, another | 47987 |
| permanent sponsor is secured, or the school's contract under | 47988 |
| section 3314.03 of the Revised Code expires, whichever occurs | 47989 |
| first. | 47990 |
| (E) The decision of the department to disapprove an entity | 47991 |
|
for sponsorship of a community school | 47992 |
| authority for
such sponsorship | 47993 |
| of this section, or to suspend or restrict an entity's authority | 47994 |
| to sponsor schools under division (D) of this section, may be | 47995 |
| appealed by the entity in accordance with section 119.12 of the | 47996 |
| Revised Code. | 47997 |
| | 47998 |
| community school governing authority and sponsor when the school | 47999 |
| permanently closes and ceases operation, which shall include at | 48000 |
| least procedures for data reporting to the department, handling of | 48001 |
| student records, distribution of assets in accordance with section | 48002 |
| 3314.074 of the Revised Code, and other matters related to ceasing | 48003 |
| operation of the school. | 48004 |
| | 48005 |
| department shall not impose requirements on community schools or | 48006 |
| their sponsors that are not permitted by law or duly adopted | 48007 |
| rules. | 48008 |
| Sec. 3314.016. (A) After June 30, 2007, a new start-up | 48009 |
| school may be established under this chapter only if the school's | 48010 |
| governing authority enters into a contract with an operator that | 48011 |
| manages other schools in the United States that perform at a level | 48012 |
| higher than academic watch. The governing authority of the | 48013 |
| community school may sign a contract with an operator only if the | 48014 |
| operator has fewer contracts with the governing authorities of new | 48015 |
| start-up schools established under this chapter after June 30, | 48016 |
| 2007, than the number of schools managed by the operator in the | 48017 |
| United States that perform at a level higher than academic watch, | 48018 |
| as determined by the department of education. However, the | 48019 |
| governing authority shall not contract with an operator that | 48020 |
| currently manages any community schools in Ohio for which the | 48021 |
| department issues annual report cards under section 3314.012 of | 48022 |
| the Revised Code, unless the latest report card issued for at | 48023 |
| least one of those schools designates a performance rating under | 48024 |
| section 3302.03 of the Revised Code of in need of continuous | 48025 |
| improvement or higher. | 48026 |
| (B) Notwithstanding division (A) of this section, the | 48027 |
| governing authority of a start-up school sponsored by an entity | 48028 |
| described in divisions (C)(1)(b) to (f) of section 3314.02 of the | 48029 |
| Revised Code may establish one additional school serving the same | 48030 |
| grade levels and providing the same educational program as the | 48031 |
| current start-up school and may open that additional school in the | 48032 |
| 2007-2008 school year, if both of the following conditions are | 48033 |
| met: | 48034 |
| (1) The governing authority entered into another contract | 48035 |
| with the same sponsor or a different sponsor described in | 48036 |
| divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code | 48037 |
| and filed a copy of that contract with the superintendent of | 48038 |
| public instruction prior to March 15, 2006. | 48039 |
| (2) The governing authority's current school satisfies all of | 48040 |
| the following conditions: | 48041 |
| (a) The school currently is rated as excellent or effective | 48042 |
| pursuant to section 3302.03 of the Revised Code. | 48043 |
| (b) The school made adequate yearly progress, as defined in | 48044 |
| section 3302.01 of the Revised Code, for the previous school year. | 48045 |
| (c) The school has been in operation for at least four school | 48046 |
| years. | 48047 |
| (d) The school is not managed by an operator. | 48048 |
| (C) Notwithstanding division (A) of this section, the | 48049 |
| governing authority of a start-up school sponsored by the big | 48050 |
| eight school district in which the school is located may establish | 48051 |
| one additional start-up school that is located in the same school | 48052 |
| district and that provides a general educational program to | 48053 |
| students in any or all of grades kindergarten through five to | 48054 |
| facilitate their transition to the current start-up school, and | 48055 |
| may open the additional start-up school in the 2009-2010 school | 48056 |
| year, if both of the following conditions are met: | 48057 |
| (1) The governing authority enters into another contract with | 48058 |
| the same sponsor and files a copy of the contract with the | 48059 |
| superintendent of public instruction prior to March 15, 2009. | 48060 |
| (2) The governing authority's current school satisfies all of | 48061 |
| the following conditions: | 48062 |
| (a) The school provided instruction to students for eleven | 48063 |
| months in the previous school year. | 48064 |
| (b) The school has been in operation for at least two school | 48065 |
| years. | 48066 |
| (c) The school qualified to be rated in need of continuous | 48067 |
| improvement or higher pursuant to section 3302.03 of the Revised | 48068 |
| Code for its first school year of operation, even though the | 48069 |
| department of education did not issue a report card for the | 48070 |
| school for that school year. | 48071 |
| Sec. 3314.02. (A) As used in this chapter: | 48072 |
| (1) "Sponsor" means an entity listed in division (C)(1) of | 48073 |
| this section, which has been approved by the department of | 48074 |
| education to sponsor community schools and with which the | 48075 |
| governing authority of the proposed community school enters into a | 48076 |
| contract pursuant to this section. | 48077 |
| (2) "Pilot project area" means the school districts included | 48078 |
| in the territory of the former community school pilot project | 48079 |
| established by former Section 50.52 of Am. Sub. H.B. No. 215 of | 48080 |
| the 122nd general assembly. | 48081 |
| (3) "Challenged school district" means any of the following: | 48082 |
| (a) A school district that is part of the pilot project area; | 48083 |
| (b) A school district that is either in a state of academic | 48084 |
| emergency or in a state of academic watch under section 3302.03 of | 48085 |
| the Revised Code; | 48086 |
| (c) A big eight school district. | 48087 |
| (4) "Big eight school district" means a school district that | 48088 |
| for fiscal year 1997 had both of the following: | 48089 |
| (a) A percentage of children residing in the district and | 48090 |
| participating in the predecessor of Ohio works first greater than | 48091 |
| thirty per cent, as reported pursuant to former section 3317.10 of | 48092 |
| the Revised Code; | 48093 |
| (b) An average daily membership greater than twelve thousand, | 48094 |
| as reported pursuant to former division (A) of section 3317.03 of | 48095 |
| the Revised Code. | 48096 |
| (5) "New start-up school" means a community school other than | 48097 |
| one created by converting all or part of an existing public school | 48098 |
| or educational service center building, as designated in the | 48099 |
| school's contract pursuant to division (A)(17) of section 3314.03 | 48100 |
| of the Revised Code. | 48101 |
| (6) "Urban school district" means one of the state's | 48102 |
| twenty-one urban school districts as defined in division (O) of | 48103 |
| section 3317.02 of the Revised Code as that section existed prior | 48104 |
| to July 1, 1998. | 48105 |
| (7) "Internet- or computer-based community school" means a | 48106 |
| community school established under this chapter in which the | 48107 |
| enrolled students work primarily from their residences on | 48108 |
| assignments in nonclassroom-based learning opportunities provided | 48109 |
| via an internet- or other computer-based instructional method that | 48110 |
| does not rely on regular classroom instruction or via | 48111 |
| comprehensive instructional methods that include internet-based, | 48112 |
| other computer-based, and noncomputer-based learning | 48113 |
| opportunities. | 48114 |
| (B) Any person or group of individuals may initially propose | 48115 |
| under this division the conversion of all or a portion of a public | 48116 |
| school or a building operated by an educational service center to | 48117 |
| a community school. The proposal shall be made to the board of | 48118 |
| education of the city, local, or exempted village school district | 48119 |
| in which the public school is proposed to be converted or, in the | 48120 |
| case of the conversion of a building operated by an educational | 48121 |
| service center, to the governing board of the service center. Upon | 48122 |
| receipt of a proposal, a board may enter into a preliminary | 48123 |
| agreement with the person or group proposing the conversion of the | 48124 |
| public school or service center building, indicating the intention | 48125 |
| of the board to support the conversion to a community school. A | 48126 |
| proposing person or group that has a preliminary agreement under | 48127 |
| this division may proceed to finalize plans for the school, | 48128 |
| establish a governing authority for the school, and negotiate a | 48129 |
| contract with the board. Provided the proposing person or group | 48130 |
| adheres to the preliminary agreement and all provisions of this | 48131 |
| chapter, the board shall negotiate in good faith to enter into a | 48132 |
| contract in accordance with section 3314.03 of the Revised Code | 48133 |
| and division (C) of this section. | 48134 |
| (C)(1) Any person or group of individuals may propose under | 48135 |
| this division the establishment of a new start-up school to be | 48136 |
| located in a challenged school district. The proposal may be made | 48137 |
| to any of the following entities: | 48138 |
| (a) The board of education of the district in which the | 48139 |
| school is proposed to be located; | 48140 |
| (b) The board of education of any joint vocational school | 48141 |
| district with territory in the county in which is located the | 48142 |
| majority of the territory of the district in which the school is | 48143 |
| proposed to be located; | 48144 |
| (c) The board of education of any other city, local, or | 48145 |
| exempted village school district having territory in the same | 48146 |
| county where the district in which the school is proposed to be | 48147 |
| located has the major portion of its territory; | 48148 |
| (d) The governing board of any educational service center, as | 48149 |
| long as the proposed school will be located in a county within the | 48150 |
| territory of the service center or in a county contiguous to such | 48151 |
| county; | 48152 |
| (e) A sponsoring authority designated by the board of | 48153 |
| trustees of any of the thirteen state universities listed in | 48154 |
| section 3345.011 of the Revised Code or the board of trustees | 48155 |
| itself as long as a mission of the proposed school to be specified | 48156 |
| in the contract under division (A)(2) of section 3314.03 of the | 48157 |
| Revised Code and as approved by the department of education under | 48158 |
|
division
(B) | 48159 |
| the practical demonstration of teaching methods, educational | 48160 |
| technology, or other teaching practices that are included in the | 48161 |
| curriculum of the university's teacher preparation program | 48162 |
| approved by the state board of education; | 48163 |
| (f) Any qualified tax-exempt entity under section 501(c)(3) | 48164 |
| of the Internal Revenue Code as long as all of the following | 48165 |
| conditions are satisfied: | 48166 |
| (i) The entity has been in operation for at least five years | 48167 |
| prior to applying to be a community school sponsor. | 48168 |
| (ii) The entity has assets of at least five hundred thousand | 48169 |
| dollars and a demonstrated record of financial responsibility. | 48170 |
| (iii) The department of education has determined that the | 48171 |
|
entity is an education-oriented entity under division (B) | 48172 |
| section 3314.015 of the Revised Code and the entity has a | 48173 |
| demonstrated record of successful implementation of educational | 48174 |
| programs. | 48175 |
| (iv) The entity is not a community school. | 48176 |
| Any entity described in division (C)(1) of this section may | 48177 |
| enter into a preliminary agreement pursuant to division (C)(2) of | 48178 |
| this section with the proposing person or group. | 48179 |
| (2) A preliminary agreement indicates the intention of an | 48180 |
| entity described in division (C)(1) of this section to sponsor the | 48181 |
| community school. A proposing person or group that has such a | 48182 |
| preliminary agreement may proceed to finalize plans for the | 48183 |
| school, establish a governing authority as described in division | 48184 |
| (E) of this section for the school, and negotiate a contract with | 48185 |
| the entity. Provided the proposing person or group adheres to the | 48186 |
| preliminary agreement and all provisions of this chapter, the | 48187 |
| entity shall negotiate in good faith to enter into a contract in | 48188 |
| accordance with section 3314.03 of the Revised Code. | 48189 |
| (3) A new start-up school that is established in a school | 48190 |
| district while that district is either in a state of academic | 48191 |
| emergency or in a state of academic watch under section 3302.03 of | 48192 |
| the Revised Code may continue in existence once the school | 48193 |
| district is no longer in a state of academic emergency or academic | 48194 |
| watch, provided there is a valid contract between the school and a | 48195 |
| sponsor. | 48196 |
| (4) A copy of every preliminary agreement entered into under | 48197 |
| this division shall be filed with the superintendent of public | 48198 |
| instruction. | 48199 |
| (D) A majority vote of the board of a sponsoring entity and a | 48200 |
| majority vote of the members of the governing authority of a | 48201 |
| community school shall be required to adopt a contract and convert | 48202 |
| the public school or educational service center building to a | 48203 |
| community school or establish the new start-up school. Beginning | 48204 |
| September 29, 2005, adoption of the contract shall occur not | 48205 |
| later than the fifteenth day of March, and signing of the | 48206 |
| contract shall occur not later than the fifteenth day of May, | 48207 |
| prior to the school year in which the school will open. The | 48208 |
| governing authority shall notify the department of education when | 48209 |
| the contract has been signed. Subject to sections 3314.013, | 48210 |
| 3314.014, 3314.016, and 3314.017 of the Revised Code, an | 48211 |
| unlimited number of community schools may be established in any | 48212 |
| school district provided that a contract is entered into for each | 48213 |
| community school pursuant to this chapter. | 48214 |
| (E)(1) As used in this division, "immediate relatives" are | 48215 |
| limited to spouses, children, parents, grandparents, siblings, and | 48216 |
| in-laws. | 48217 |
| Each new start-up community school established under this | 48218 |
| chapter shall be under the direction of a governing authority | 48219 |
| which shall consist of a board of not less than five individuals. | 48220 |
| No person shall serve on the governing authority or operate | 48221 |
| the community school under contract with the governing authority | 48222 |
| so long as the person owes the state any money or is in a dispute | 48223 |
| over whether the person owes the state any money concerning the | 48224 |
| operation of a community school that has closed. | 48225 |
| (2) No person shall serve on the governing authorities of | 48226 |
| more than two start-up community schools at the same time. | 48227 |
| (3) No present or former member, or immediate relative of a | 48228 |
| present or former member, of the governing authority of any | 48229 |
| community school established under this chapter shall be an owner, | 48230 |
| employee, or consultant of any nonprofit or for-profit operator of | 48231 |
| a community school, unless at least one year has elapsed since the | 48232 |
| conclusion of the person's membership. | 48233 |
| (F)(1) A new start-up school that is established prior to | 48234 |
| August 15, 2003, in an urban school district that is not also a | 48235 |
| big-eight school district may continue to operate after that date | 48236 |
| and the contract between the school's governing authority and the | 48237 |
| school's sponsor may be renewed, as provided under this chapter, | 48238 |
| after that date, but no additional new start-up schools may be | 48239 |
| established in such a district unless the district is a challenged | 48240 |
| school district as defined in this section as it exists on and | 48241 |
| after that date. | 48242 |
| (2) A community school that was established prior to June | 48243 |
| 29, 1999, and is located in a county contiguous to the pilot | 48244 |
| project area and in a school district that is not a challenged | 48245 |
| school district may continue to operate after that date, provided | 48246 |
| the school complies with all provisions of this chapter. The | 48247 |
| contract between the school's governing authority and the | 48248 |
| school's sponsor may be renewed, but no additional start-up | 48249 |
| community school may be established in that district unless the | 48250 |
| district is a challenged school district. | 48251 |
| (3) Any educational service center that, on June 30, 2007, | 48252 |
| sponsors a community school that is not located in a county | 48253 |
| within the territory of the service center or in a county | 48254 |
| contiguous to such county may continue to sponsor that community | 48255 |
| school on and after June 30, 2007, and may renew its contract | 48256 |
| with the school. However, the educational service center shall | 48257 |
| not enter into a contract with any additional community school | 48258 |
| unless the school is located in a county within the territory of | 48259 |
| the service center or in a county contiguous to such county. | 48260 |
| Sec. 3314.021. (A) This section applies to any entity that is | 48261 |
| exempt from taxation under section 501(c)(3) of the Internal | 48262 |
| Revenue Code and that satisfies the conditions specified in | 48263 |
| divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the | 48264 |
| Revised Code but does not satisfy the condition specified in | 48265 |
| division (C)(1)(f)(i) of that section. | 48266 |
| (B) Notwithstanding division (C)(1)(f)(i) of section 3314.02 | 48267 |
| of the Revised Code, an entity described in division (A) of this | 48268 |
| section may do both of the following without obtaining the | 48269 |
| department of education's initial approval of its sponsorship | 48270 |
|
under | 48271 |
| the Revised Code: | 48272 |
| (1) Succeed the board of trustees of a state university | 48273 |
| located in the pilot project area or that board's designee as the | 48274 |
| sponsor of a community school established under this chapter; | 48275 |
| (2) Continue to sponsor that school in conformance with the | 48276 |
| terms of the contract between the board of trustees or its | 48277 |
| designee and the governing authority of the community school and | 48278 |
| renew that contract as provided in division (E) of section 3314.03 | 48279 |
| of the Revised Code. | 48280 |
| (C) The entity that succeeds the board of trustees or the | 48281 |
| board's designee as sponsor of a community school under division | 48282 |
| (B) of this section also may enter into contracts to sponsor | 48283 |
| other community schools located in any challenged school district, | 48284 |
| without obtaining the department's initial approval of its | 48285 |
|
sponsorship of those schools under | 48286 |
| (B)(1) of section 3314.015 of the Revised Code, and not subject to | 48287 |
| the restriction of division (A)(7) of section 3314.013 of the | 48288 |
| Revised Code, as long as the contracts conform with and the entity | 48289 |
| complies with all other requirements of this chapter. | 48290 |
| (D) Regardless of the entity's authority to sponsor community | 48291 |
| schools without the initial approval of the department, the entity | 48292 |
| is under the continuing oversight of the department in accordance | 48293 |
| with rules adopted under section 3314.015 of the Revised Code. The | 48294 |
| department, in accordance with divisions (C), (D), and (E) of | 48295 |
| section 3314.015 of the Revised Code, may revoke, suspend, or | 48296 |
| restrict the entity's authority to sponsor any school, or may | 48297 |
| declare the sponsor to be in a probationary status, in the same | 48298 |
| manner as if that authority were initially subject to approval of | 48299 |
| the department under that section. | 48300 |
| Sec. 3314.024. | 48301 |
| authority of a community school shall enter into a new contract, | 48302 |
| or renew an existing contract, with an operator, unless the | 48303 |
| contract was selected through a competitive bidding process | 48304 |
| established by the department of education. | 48305 |
| (B) An operator that provides services to a community school | 48306 |
| that amounts to more than twenty per cent of the annual gross | 48307 |
| revenues of the school shall provide a detailed accounting | 48308 |
| including the nature and costs of the services it provides to the | 48309 |
| community school. This information shall be included in the | 48310 |
| footnotes of the financial statements of the school and be subject | 48311 |
| to audit during the course of the regular financial audit of the | 48312 |
| community school. | 48313 |
| | 48314 |
| 48315 | |
| 48316 | |
| 48317 | |
| 48318 | |
| 48319 | |
| 48320 | |
| 48321 | |
| 48322 | |
| 48323 | |
| 48324 | |
| 48325 |
| Notwithstanding the requirement for initial approval of | 48326 |
|
sponsorship
by the | 48327 |
|
prescribed in | 48328 |
|
3314.015 of the Revised Code | 48329 |
| geographical restriction or mission requirement prescribed in | 48330 |
|
division (C)(1) of section 3314.02 of the Revised Code | 48331 |
| 48332 | |
| that has entered into a contract to sponsor a community school on | 48333 |
| 48334 | |
| sponsor the school in conformance with the terms of that contract | 48335 |
| as long as the entity complies with all other sponsorship | 48336 |
|
provisions of
| 48337 |
| 48338 | |
|
to sponsor community
schools after | 48339 |
| 48340 | |
| 48341 | |
|
required under | 48342 |
|
3314.015 of
the Revised Code | 48343 |
| the contracts conform to and the entity complies with all other | 48344 |
|
provisions of
| 48345 |
| 48346 |
| Regardless of the entity's authority to sponsor community | 48347 |
| schools without the initial approval of the department, each | 48348 |
| entity described in this section is under the continuing oversight | 48349 |
| of the department in accordance with rules adopted under section | 48350 |
| 3314.015 of the Revised Code. The department, in accordance with | 48351 |
| divisions (C), (D), and (E) of section 3314.015 of the Revised | 48352 |
| Code, may revoke, suspend, or restrict the entity's authority to | 48353 |
| sponsor any school, or may declare the entity to be in a | 48354 |
| probationary status, in the same manner as if that authority were | 48355 |
| initially subject to approval of the department under that | 48356 |
| section. | 48357 |
| Sec. 3314.028. Notwithstanding any provision of this chapter | 48358 |
| to the contrary, beginning in the 2009-2010 school year, a | 48359 |
| community school that meets the following conditions may operate | 48360 |
| from the facility in which the school was located in the 2008-2009 | 48361 |
| school year and shall not be required to locate to another school | 48362 |
| district: | 48363 |
| (A) The school was located in the facility for at least the | 48364 |
| three school years prior to the 2009-2010 school year. | 48365 |
| (B) The school's sponsor is a school district that is | 48366 |
| adjacent to the school district in which the school is located. | 48367 |
| (C) The school's education program emphasizes serving | 48368 |
| students identified as gifted under Chapter 3324. of the Revised | 48369 |
| Code. | 48370 |
| (D) The school has been rated in need of continuous | 48371 |
| improvement or higher under section 3302.03 of the Revised Code | 48372 |
| for the previous three school years. | 48373 |
| Sec. 3314.03. A copy of every contract entered into under | 48374 |
| this section shall be filed with the superintendent of public | 48375 |
| instruction. | 48376 |
| (A) Each contract entered into between a sponsor and the | 48377 |
| governing authority of a community school shall specify the | 48378 |
| following: | 48379 |
| (1) That the school shall be established as either of the | 48380 |
| following: | 48381 |
| (a) A nonprofit corporation established under Chapter 1702. | 48382 |
| of the Revised Code, if established prior to April 8, 2003; | 48383 |
| (b) A public benefit corporation established under Chapter | 48384 |
| 1702. of the Revised Code, if established after April 8, 2003; | 48385 |
| (2) The education program of the school, including the | 48386 |
| school's mission, the characteristics of the students the school | 48387 |
| is expected to attract, the ages and grades of students, and the | 48388 |
| focus of the curriculum; | 48389 |
| (3) The academic goals to be achieved and the method of | 48390 |
| measurement that will be used to determine progress toward those | 48391 |
|
goals, which shall include the statewide
achievement
| 48392 |
| assessments; | 48393 |
| (4) Performance standards by which the success of the school | 48394 |
| will be evaluated by the sponsor; | 48395 |
| (5) The admission standards of section 3314.06 of the Revised | 48396 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 48397 |
| (6)(a) Dismissal procedures; | 48398 |
| (b) A requirement that the governing authority adopt an | 48399 |
| attendance policy that includes a procedure for automatically | 48400 |
| withdrawing a student from the school if the student without a | 48401 |
| legitimate excuse fails to participate in one hundred five | 48402 |
| consecutive hours of the learning opportunities offered to the | 48403 |
| student. | 48404 |
| (7) The ways by which the school will achieve racial and | 48405 |
| ethnic balance reflective of the community it serves; | 48406 |
| (8) Requirements for financial audits by the auditor of | 48407 |
| state. The contract shall require the governing authority of the | 48408 |
| school, and any operator with which the governing authority | 48409 |
| contracts, to comply with the financial reporting standards | 48410 |
| adopted by the state board of education under division (B)(2) of | 48411 |
| section 3301.07 of the Revised Code, and that financial records of | 48412 |
|
the school
| 48413 |
| records of school districts, pursuant to rules of the auditor of | 48414 |
|
state | 48415 |
| with section 117.10 of the Revised Code. | 48416 |
| (9) The facilities to be used and their locations; | 48417 |
| (10) Qualifications of teachers,
| 48418 |
| 48419 | |
| 48420 | |
| 48421 | |
| 48422 | |
| with section 3314.102 of the Revised Code; | 48423 |
| (11) That the school will comply with the following | 48424 |
| requirements: | 48425 |
| (a) The school will provide learning opportunities to a | 48426 |
|
minimum
of twenty-five students for | 48427 |
| 48428 | |
| prescribed by section 3314.031 of the Revised Code. | 48429 |
| (b) The governing authority will purchase liability | 48430 |
| insurance, or otherwise provide for the potential liability of the | 48431 |
| school. | 48432 |
| (c) The school will be nonsectarian in its programs, | 48433 |
| admission policies, employment practices, and all other | 48434 |
| operations, and will not be operated by a sectarian school or | 48435 |
| religious institution. | 48436 |
| (d) The school will comply with division (A)(9) of section | 48437 |
| 3313.60 of the Revised Code and sections 9.90, 9.91, 109.65, | 48438 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 48439 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.605, | 48440 |
| 3313.607, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.643, | 48441 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 48442 |
| 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, | 48443 |
| 3313.716, 3313.718, 3313.80, 3313.82, 3313.821, 3313.822, 3313.96, | 48444 |
| 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, | 48445 |
| 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 48446 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 48447 |
| 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. | 48448 |
| of the Revised Code as if it were a school district and will | 48449 |
| comply with section 3301.0714 of the Revised Code in the manner | 48450 |
| specified in section 3314.17 of the Revised Code. | 48451 |
| (e) The school shall comply with Chapter 102. and section | 48452 |
| 2921.42 of the Revised Code. | 48453 |
| (f) The school will comply with sections 3313.61, 3313.611, | 48454 |
| and 3313.614 of the Revised Code, except that for students who | 48455 |
| enter ninth grade for the first time before July 1, 2010, the | 48456 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 48457 |
| that a person must successfully complete the curriculum in any | 48458 |
| high school prior to receiving a high school diploma may be met by | 48459 |
| completing the curriculum adopted by the governing authority of | 48460 |
| the community school rather than the curriculum specified in Title | 48461 |
| XXXIII of the Revised Code or any rules of the state board of | 48462 |
| education. Beginning with students who enter ninth grade for the | 48463 |
| first time on or after July 1, 2010, the requirement in sections | 48464 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 48465 |
| successfully complete the curriculum of a high school prior to | 48466 |
| receiving a high school diploma shall be met by completing the | 48467 |
| Ohio core curriculum prescribed in division (C) of section | 48468 |
| 3313.603 of the Revised Code, unless the person qualifies under | 48469 |
| division (D) or (F) of that section. Each school shall comply with | 48470 |
| the plan for awarding high school credit based on demonstration of | 48471 |
| subject area competency, adopted by the state board of education | 48472 |
| under division (J) of section 3313.603 of the Revised Code. | 48473 |
| (g) The school governing authority will submit within four | 48474 |
| months after the end of each school year a report of its | 48475 |
| activities and progress in meeting the goals and standards of | 48476 |
| divisions (A)(3) and (4) of this section and its financial status | 48477 |
|
to the
sponsor | 48478 |
| school, and the legislative office of education oversight. The | 48479 |
| school shall collect and provide any data that the legislative | 48480 |
| office of education oversight requests in furtherance of any | 48481 |
| study or research that the general assembly requires the office | 48482 |
| to conduct. | 48483 |
| (h) The school, unless it is an internet- or computer-based | 48484 |
| community school, will comply with section 3313.801 of the Revised | 48485 |
| Code as if it were a school district. | 48486 |
| (12) Arrangements for providing health and other benefits to | 48487 |
| employees; | 48488 |
| (13) The length of the contract, which shall begin at the | 48489 |
| beginning of an academic year. No contract shall exceed five years | 48490 |
| unless such contract has been renewed pursuant to division (E) of | 48491 |
| this section. | 48492 |
| (14) The governing authority of the school, which shall be | 48493 |
| responsible for carrying out the provisions of the contract; | 48494 |
| (15) A financial plan detailing an estimated school budget | 48495 |
| for each year of the period of the contract and specifying the | 48496 |
| total estimated per pupil expenditure amount for each such year. | 48497 |
| 48498 | |
| 48499 | |
| 48500 | |
| 48501 | |
| 48502 | |
| 48503 | |
| 48504 | |
| 48505 | |
| 48506 |
| (16) Requirements and procedures regarding the disposition of | 48507 |
| employees of the school in the event the contract is terminated or | 48508 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 48509 |
| (17) Whether the school is to be created by converting all or | 48510 |
| part of an existing public school or educational service center | 48511 |
| building or is to be a new start-up school, and if it is a | 48512 |
| converted public school or service center building, specification | 48513 |
| of any duties or responsibilities of an employer that the board of | 48514 |
| education or service center governing board that operated the | 48515 |
| school or building before conversion is delegating to the | 48516 |
| governing authority of the community school with respect to all | 48517 |
| or any specified group of employees provided the delegation is | 48518 |
| not prohibited by a collective bargaining agreement applicable to | 48519 |
| such employees; | 48520 |
| (18) Provisions establishing procedures for resolving | 48521 |
| disputes or differences of opinion between the sponsor and the | 48522 |
| governing authority of the community school; | 48523 |
| (19) A provision requiring the governing authority to adopt a | 48524 |
| policy regarding the admission of students who reside outside the | 48525 |
| district in which the school is located. That policy shall comply | 48526 |
| with the admissions procedures specified in sections 3314.06 and | 48527 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 48528 |
| authority, shall do one of the following: | 48529 |
| (a) Prohibit the enrollment of students who reside outside | 48530 |
| the district in which the school is located; | 48531 |
| (b) Permit the enrollment of students who reside in districts | 48532 |
| adjacent to the district in which the school is located; | 48533 |
| (c) Permit the enrollment of students who reside in any other | 48534 |
| district in the state. | 48535 |
| (20) A provision recognizing the authority of the department | 48536 |
| of education to take over the sponsorship of the school in | 48537 |
| accordance with the provisions of division (C) of section 3314.015 | 48538 |
| of the Revised Code; | 48539 |
| (21) A provision recognizing the sponsor's authority to | 48540 |
| assume the operation of a school under the conditions specified in | 48541 |
| division (B) of section 3314.073 of the Revised Code; | 48542 |
| (22) A provision recognizing both of the following: | 48543 |
| (a) The authority of public health and safety officials to | 48544 |
| inspect the facilities of the school and to order the facilities | 48545 |
| closed if those officials find that the facilities are not in | 48546 |
| compliance with health and safety laws and regulations; | 48547 |
| (b) The authority of the department of education as the | 48548 |
| community school oversight body to suspend the operation of the | 48549 |
| school under section 3314.072 of the Revised Code if the | 48550 |
| department has evidence of conditions or violations of law at the | 48551 |
| school that pose an imminent danger to the health and safety of | 48552 |
| the school's students and employees and the sponsor refuses to | 48553 |
| take such action; | 48554 |
| (23) A description of the learning opportunities that will be | 48555 |
| offered to students including both classroom-based and | 48556 |
| non-classroom-based learning opportunities that is in compliance | 48557 |
| with criteria for student participation established by the | 48558 |
|
department under division | 48559 |
| Revised Code; | 48560 |
| (24) The school will comply with sections 3302.04 and | 48561 |
| 3302.041 of the Revised Code, except that any action required to | 48562 |
| be taken by a school district pursuant to those sections shall | 48563 |
| be taken by the sponsor of the school. However, the sponsor | 48564 |
| shall not be required to take any action described in division | 48565 |
| (F) of section 3302.04 of the Revised Code. | 48566 |
| (25) Beginning in the 2006-2007 school year, the school will | 48567 |
| open for operation not later than the thirtieth day of September | 48568 |
|
each school year | 48569 |
| 48570 | |
| In its initial year of operation, if the school fails to open by | 48571 |
|
the thirtieth day of September, | 48572 |
| 48573 | |
| 48574 | |
| 48575 |
| (B) The community school shall also submit to the sponsor a | 48576 |
| comprehensive plan for the school. The plan shall specify the | 48577 |
| following: | 48578 |
| (1) The process by which the governing authority of the | 48579 |
| school will be selected in the future; | 48580 |
| (2) The management and administration of the school; | 48581 |
| (3) If the community school is a currently existing public | 48582 |
| school or educational service center building, alternative | 48583 |
| arrangements for current public school students who choose not to | 48584 |
| attend the converted school and for teachers who choose not to | 48585 |
| teach in the school or building after conversion; | 48586 |
| (4) The instructional program and educational philosophy of | 48587 |
| the school; | 48588 |
| (5) Internal financial controls. | 48589 |
| (C) A contract entered into under section 3314.02 of the | 48590 |
| Revised Code between a sponsor and the governing authority of a | 48591 |
| community school may provide for the community school governing | 48592 |
| authority to make payments to the sponsor, which is hereby | 48593 |
| authorized to receive such payments as set forth in the contract | 48594 |
| between the governing authority and the sponsor. The total amount | 48595 |
| of such payments for oversight and monitoring of the school shall | 48596 |
| not exceed three per cent of the total amount of payments for | 48597 |
| operating expenses that the school receives from the state. | 48598 |
| (D) The contract shall specify the duties of the sponsor | 48599 |
| which shall be in accordance with the written agreement entered | 48600 |
| into with the department of education under division (B) of | 48601 |
| section 3314.015 of the Revised Code and shall include the | 48602 |
| following: | 48603 |
| (1) Monitor the community school's compliance with all laws | 48604 |
| applicable to the school and with the terms of the contract; | 48605 |
| (2) Monitor and evaluate the academic and fiscal performance | 48606 |
| and the organization and operation of the community school on at | 48607 |
| least an annual basis; | 48608 |
| (3) Report on an annual basis the results of the evaluation | 48609 |
| conducted under division (D)(2) of this section to the department | 48610 |
| of education and to the parents of students enrolled in the | 48611 |
| community school; | 48612 |
| (4) Provide technical assistance to the community school in | 48613 |
| complying with laws applicable to the school and terms of the | 48614 |
| contract; | 48615 |
| (5) Take steps to intervene in the school's operation to | 48616 |
| correct problems in the school's overall performance, declare the | 48617 |
| school to be on probationary status pursuant to section 3314.073 | 48618 |
| of the Revised Code, suspend the operation of the school pursuant | 48619 |
| to section 3314.072 of the Revised Code, or terminate the contract | 48620 |
| of the school pursuant to section 3314.07 of the Revised Code as | 48621 |
| determined necessary by the sponsor; | 48622 |
| (6) Have in place a plan of action to be undertaken in the | 48623 |
| event the community school experiences financial difficulties or | 48624 |
| closes prior to the end of a school year. | 48625 |
| (E) Upon the expiration of a contract entered into under this | 48626 |
| section, the sponsor of a community school may, with the approval | 48627 |
| of the governing authority of the school, renew that contract for | 48628 |
| a period of time determined by the sponsor, but not ending earlier | 48629 |
| than the end of any school year, if the sponsor finds that the | 48630 |
| school's compliance with applicable laws and terms of the contract | 48631 |
| and the school's progress in meeting the academic goals prescribed | 48632 |
| in the contract have been satisfactory. Any contract that is | 48633 |
| renewed under this division remains subject to the provisions of | 48634 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 48635 |
| (F) If a community school fails to open for operation within | 48636 |
| one year after the contract entered into under this section is | 48637 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 48638 |
| Code or permanently closes prior to the expiration of the | 48639 |
| contract, the contract shall be void and the school shall not | 48640 |
| enter into a contract with any other sponsor. A school shall not | 48641 |
| be considered permanently closed because the operations of the | 48642 |
| school have been suspended pursuant to section 3314.072 of the | 48643 |
| Revised Code. Any contract that becomes void under this division | 48644 |
| shall not count toward any statewide limit on the number of such | 48645 |
| contracts prescribed by section 3314.013 of the Revised Code. | 48646 |
| Sec. 3314.031. Each community school established under this | 48647 |
| chapter shall provide at least the following number of hours of | 48648 |
| learning opportunities to each student enrolled in the school for | 48649 |
| a full school year: | 48650 |
| (A) For each school year prior to the school year that begins | 48651 |
| on July 1, 2011, nine hundred twenty hours; | 48652 |
| (B) In each of the school years beginning on July 1, 2011, | 48653 |
| and July 1, 2012, respectively, nine hundred thirty hours; | 48654 |
| (C) In each of the school years beginning on July 1, 2013, | 48655 |
| and July 1, 2014, respectively, nine hundred fifty hours; | 48656 |
| (D) In each of the school years beginning on July 1, 2015, | 48657 |
| and July 1, 2016, respectively, nine hundred seventy hours; | 48658 |
| (E) In the school year that begins on July 1, 2017, and in | 48659 |
| each school year thereafter, nine hundred ninety hours. | 48660 |
| Sec. 3314.051. (A) When the governing authority of a | 48661 |
| community school that acquired real property from a school | 48662 |
| district pursuant to division (G)(2) of section 3313.41 of the | 48663 |
| Revised Code, as it existed prior to the effective date of this | 48664 |
| amendment, decides to dispose of that property, it first shall | 48665 |
| offer that property for sale to the school district board of | 48666 |
| education from which it acquired the property, at a price that is | 48667 |
| not higher than the appraised fair market value of that property. | 48668 |
| If the district board does not accept the offer within sixty days | 48669 |
| after the offer is made, the community school may dispose of the | 48670 |
| property in another lawful manner. | 48671 |
| (B) When a community school that acquired real property from | 48672 |
| a school district pursuant to division (G)(2) of section 3313.41 | 48673 |
| of the Revised Code, as it existed prior to the effective date of | 48674 |
| this amendment, permanently closes, in distributing the school's | 48675 |
| assets under section 3314.074 of the Revised Code, that property | 48676 |
| first shall be offered for sale to the school district board of | 48677 |
| education from which the community school acquired the property, | 48678 |
| at a price that is not higher than the appraised fair market | 48679 |
| value of that property. If the district board does not accept the | 48680 |
| offer within sixty days after the offer is made, the property may | 48681 |
| be disposed in another lawful manner. | 48682 |
| Sec. 3314.052. (A) This section does not apply to internet- | 48683 |
| or computer-based community schools. | 48684 |
| (B) As used in this section, "classroom facilities" has the | 48685 |
| same meaning as in section 3318.01 of the Revised Code. | 48686 |
| (C) On and after the effective date of this section each | 48687 |
| classroom facility owned or leased by the governing authority or | 48688 |
| operator of a community school shall comply with the design | 48689 |
| guidelines adopted by the Ohio school facilities commission for | 48690 |
| classroom facilities projects under Chapter 3318. of the Revised | 48691 |
| Code applicable to the grade levels and function of the facility | 48692 |
| as it is used by the community school. However, the | 48693 |
| three-hundred-fifty-student minimum service capacity for an entire | 48694 |
| classroom facility specified in those guidelines, as prescribed | 48695 |
| for school districts by section 3318.03 of the Revised Code, shall | 48696 |
| not apply to community schools. | 48697 |
| Sec. 3314.075. Notwithstanding any provision to the contrary | 48698 |
| in this chapter, two or more community schools, which are not | 48699 |
| internet- or computer-based community schools, are located in the | 48700 |
| same building, have at least one common member on their respective | 48701 |
| governing authorities, and have the same chief administrative | 48702 |
| officer, may consolidate into one community school, and the assets | 48703 |
| and liabilities of each of the schools may be consolidated into | 48704 |
| the single school that results from the consolidation, with the | 48705 |
| approval of each school's sponsor and so long as consolidation of | 48706 |
| those assets and liabilities is not otherwise prohibited by any | 48707 |
| other provision of law or the provisions of a contract. Such | 48708 |
| consolidation shall be effective not later than the thirtieth day | 48709 |
| of September of the school year in which the consolidated single | 48710 |
| school is to begin operating. | 48711 |
| Sec. 3314.08. (A) As used in this section: | 48712 |
| (1)
| 48713 |
| 48714 | |
| 48715 |
| | 48716 |
| Revised Code. | 48717 |
| | 48718 |
| 48719 | |
| 48720 |
| | 48721 |
| | 48722 |
| 48723 | |
| 48724 |
| | 48725 |
| 48726 | |
| 48727 |
| | 48728 |
| school in a district under section 3313.64 or 3313.65 of the | 48729 |
| Revised Code. | 48730 |
| | 48731 |
| 48732 | |
| 48733 | |
| 48734 |
| | 48735 |
| 48736 | |
| 48737 | |
| 48738 | |
| 48739 | |
| 48740 |
| | 48741 |
| 48742 |
| | 48743 |
| 48744 |
| (B) The state board of education shall adopt rules requiring | 48745 |
| 48746 |
| | 48747 |
| 48748 | |
| 48749 | |
| 48750 | |
| 48751 | |
| 48752 | |
| 48753 | |
| 48754 | |
| 48755 | |
| 48756 |
| | 48757 |
|
established under this chapter to | 48758 |
| following: | 48759 |
| | 48760 |
| kindergarten through
twelve | 48761 |
| 48762 | |
| and related services pursuant to an IEP; | 48763 |
| | 48764 |
| kindergarten through
twelve | 48765 |
| 48766 | |
| services pursuant to an IEP; | 48767 |
| | 48768 |
|
(B)(2) | 48769 |
| services pursuant to an IEP for a disability described in each of | 48770 |
|
divisions
| 48771 |
| the Revised Code; | 48772 |
| | 48773 |
|
under divisions
(B)(1) and (2) | 48774 |
| enrolled in vocational education programs or classes described in | 48775 |
| each of divisions (A) and (B) of section 3317.014 of the Revised | 48776 |
| Code that are provided by the community school; | 48777 |
| | 48778 |
|
under
divisions (B)(1) and (2) | 48779 |
|
not reported
under division (B) | 48780 |
| are enrolled in vocational education programs or classes described | 48781 |
| in each of divisions (A) and (B) of section 3317.014 of the | 48782 |
| Revised Code at a joint vocational school district under a | 48783 |
| contract between the community school and the joint vocational | 48784 |
| school district and are entitled to attend school in a city, | 48785 |
| local, or exempted village school district whose territory is part | 48786 |
| of the territory of the joint vocational district; | 48787 |
| | 48788 |
| disabilities receiving special education services in a | 48789 |
| state-funded unit; | 48790 |
| | 48791 |
| | 48792 |
|
school district in which the
student is
entitled to attend
school | 48793 |
| | 48794 |
| 48795 |
| (C) | 48796 |
| 48797 | |
| 48798 | |
| 48799 | |
| 48800 | |
| 48801 | |
| 48802 | |
| 48803 | |
| 48804 | |
| 48805 | |
| 48806 | |
| 48807 | |
| 48808 |
| | 48809 |
| 48810 | |
| 48811 | |
| 48812 | |
| 48813 | |
| 48814 | |
| 48815 | |
| 48816 | |
| 48817 | |
| 48818 |
| | 48819 |
| 48820 |
| | 48821 |
| 48822 | |
| 48823 | |
| 48824 | |
| 48825 | |
| 48826 | |
| 48827 |
| | 48828 |
| 48829 | |
| 48830 | |
| 48831 | |
| 48832 | |
| 48833 |
| | 48834 |
| 48835 | |
| 48836 |
| | 48837 |
| 48838 | |
| 48839 | |
| 48840 | |
| 48841 | |
| 48842 | |
| 48843 | |
| 48844 | |
| 48845 | |
| 48846 |
| | 48847 |
| 48848 | |
| 48849 | |
| 48850 | |
| 48851 | |
| 48852 |
| | 48853 |
| 48854 | |
| 48855 | |
| 48856 |
| | 48857 |
| 48858 | |
| 48859 | |
| 48860 |
| | 48861 |
| 48862 | |
| 48863 | |
| 48864 |
| | 48865 |
| 48866 | |
| 48867 | |
| 48868 | |
| 48869 |
| | 48870 |
| 48871 | |
| 48872 | |
| 48873 | |
| 48874 | |
| 48875 | |
| 48876 | |
| 48877 |
| | 48878 |
| 48879 | |
| 48880 | |
| 48881 | |
| 48882 | |
| 48883 |
| | 48884 |
| 48885 |
| | 48886 |
| 48887 |
| | 48888 |
| 48889 | |
| 48890 | |
| 48891 |
| | 48892 |
| 48893 | |
| 48894 | |
| 48895 | |
| 48896 | |
| 48897 |
| | 48898 |
| 48899 |
| | 48900 |
| 48901 |
| | 48902 |
| 48903 | |
| 48904 | |
| 48905 |
| | 48906 |
| 48907 | |
| 48908 | |
| 48909 | |
| 48910 | |
| 48911 | |
| 48912 | |
| 48913 |
| | 48914 |
|
community school
established under
this chapter the | 48915 |
| 48916 | |
| 48917 | |
| 48918 | |
| 48919 | |
| 48920 | |
| 48921 | |
| 48922 | |
| 48923 | |
| 48924 | |
| 48925 | |
| 48926 | |
| 48927 | |
| 48928 | |
| 48929 | |
| 48930 | |
| 48931 | |
| 48932 |
| | 48933 |
| 48934 | |
| 48935 | |
| 48936 | |
| 48937 | |
| 48938 | |
| 48939 | |
| 48940 | |
| 48941 | |
| 48942 | |
| 48943 |
| | 48944 |
| 48945 | |
| 48946 | |
| 48947 |
| | 48948 |
| 48949 | |
| 48950 | |
| 48951 |
| | 48952 |
| 48953 |
| | 48954 |
| 48955 | |
| 48956 | |
| 48957 | |
| 48958 |
| 48959 | |
| 48960 | |
| 48961 | |
| 48962 | |
| 48963 | |
| | 48964 |
| 48965 | |
| 48966 | |
| 48967 | |
| 48968 | |
| 48969 |
| | 48970 |
| 48971 | |
| 48972 |
| | 48973 |
| 48974 | |
| 48975 | |
| 48976 | |
| 48977 | |
| 48978 | |
| 48979 | |
| 48980 | |
| 48981 | |
| 48982 | |
| 48983 |
| | 48984 |
| 48985 | |
| 48986 | |
| 48987 | |
| 48988 | |
| 48989 | |
| 48990 | |
| 48991 | |
| 48992 | |
| 48993 | |
| 48994 |
| | 48995 |
| 48996 | |
| 48997 | |
| 48998 | |
| 48999 | |
| 49000 | |
| 49001 |
| | 49002 |
| 49003 | |
| 49004 | |
| 49005 |
| | 49006 |
| 49007 | |
| 49008 | |
| 49009 |
| | 49010 |
| 49011 | |
| 49012 | |
| 49013 |
| | 49014 |
| 49015 | |
| 49016 |
| | 49017 |
| 49018 | |
| 49019 | |
| 49020 | |
| 49021 | |
| 49022 | |
| 49023 | |
| 49024 |
| | 49025 |
| 49026 | |
| 49027 | |
| 49028 | |
| 49029 | |
| 49030 | |
| 49031 |
| | 49032 |
| 49033 |
| | 49034 |
| 49035 |
| | 49036 |
| 49037 | |
| 49038 |
| | 49039 |
| 49040 | |
| 49041 | |
| 49042 | |
| 49043 | |
| 49044 | |
| 49045 |
| | 49046 |
| 49047 |
| | 49048 |
| 49049 |
| | 49050 |
| 49051 | |
| 49052 |
| | 49053 |
| 49054 | |
| 49055 | |
| 49056 | |
| 49057 | |
| 49058 | |
| 49059 | |
| 49060 | |
| 49061 | |
| calculated for the school under section 3306.16 of the Revised | 49062 |
| Code. | 49063 |
| | 49064 |
| a student receiving special education and related services | 49065 |
|
pursuant
to an
IEP for a
disability described in
divisions | 49066 |
| 49067 | |
| exceed the threshold catastrophic cost for serving the student as | 49068 |
| specified in division (C)(3)(b) of section 3317.022 of the Revised | 49069 |
| Code, the school may submit to the superintendent of public | 49070 |
| instruction documentation, as prescribed by the superintendent, of | 49071 |
| all its costs for that student. Upon submission of documentation | 49072 |
| for a student of the type and in the manner prescribed, the | 49073 |
| department shall pay to the community school an amount equal to | 49074 |
| the school's costs for the student in excess of the threshold | 49075 |
| catastrophic costs. | 49076 |
| (2) The community school shall only report under division | 49077 |
| 49078 | |
| the costs of educational expenses and the related services | 49079 |
| provided to the student in accordance with the student's | 49080 |
| 49081 | |
| or other costs associated with any cause of action relating to the | 49082 |
| student may not be included in the amount. | 49083 |
| | 49084 |
|
education for
preschool children with disabilities | 49085 |
| funding the school would receive if it were a school district. | 49086 |
| Upon request of its governing authority, a community school that | 49087 |
| received such preschool unit funding as a school district-operated | 49088 |
| school before it became a community school shall retain any units | 49089 |
| awarded to it as a school district-operated school provided the | 49090 |
| school continues to meet eligibility standards for the unit. | 49091 |
| A community school shall be considered a school district and | 49092 |
| its governing authority shall be considered a board of education | 49093 |
| for the purpose of applying to any state or federal agency for | 49094 |
| grants that a school district may receive under federal or state | 49095 |
| law or any appropriations act of the general assembly. The | 49096 |
| governing authority of a community school may apply to any private | 49097 |
| entity for additional funds. | 49098 |
| | 49099 |
| utilize local funds to make enhancement grants to the school or | 49100 |
| may agree, either as part of the contract or separately, to | 49101 |
| provide any specific services to the community school at no cost | 49102 |
| to the school. | 49103 |
| | 49104 |
| secured by tax revenues. | 49105 |
| | 49106 |
| enrollment of any student. | 49107 |
| | 49108 |
| necessary and actual expenses of the school in anticipation of the | 49109 |
| receipt of any portion of the payments to be received by the | 49110 |
|
school
pursuant to division | 49111 |
| issue notes to evidence such borrowing. The proceeds of the notes | 49112 |
| shall be used only for the purposes for which the anticipated | 49113 |
| receipts may be lawfully expended by the school. | 49114 |
| (b) A school may also borrow money for a term not to exceed | 49115 |
| fifteen years for the purpose of acquiring facilities. | 49116 |
| (2) Except for any amount guaranteed under section 3318.50 of | 49117 |
| the Revised Code, the state is not liable for debt incurred by the | 49118 |
| governing authority of a community school. | 49119 |
| | 49120 |
| 49121 | |
| 49122 | |
| 49123 | |
| 49124 | |
| 49125 | |
| 49126 | |
| 49127 | |
| 49128 | |
| 49129 | |
| 49130 | |
| 49131 | |
| 49132 | |
| 49133 | |
| 49134 | |
| 49135 | |
| 49136 | |
| 49137 | |
| 49138 | |
| 49139 | |
| 49140 | |
| 49141 | |
| 49142 |
| | 49143 |
| 49144 | |
| this section to reflect any enrollment of students in community | 49145 |
| schools for less than the equivalent of a full school year. The | 49146 |
|
state board of
education | 49147 |
| shall adopt in accordance with Chapter 119. of the Revised Code | 49148 |
| rules governing the payments to community schools under this | 49149 |
|
section | 49150 |
| payments in a school year and adjustments and reductions made in | 49151 |
|
subsequent periodic
payments to
community schools | 49152 |
| 49153 | |
| 49154 | |
| 49155 | |
| 49156 |
| (1) A student shall be considered enrolled in the community | 49157 |
| school for any portion of the school year the student is | 49158 |
| participating at a college under Chapter 3365. of the Revised | 49159 |
| Code. | 49160 |
| (2) A student shall be considered to be enrolled in a | 49161 |
| community school during a school year for the period of time | 49162 |
| beginning on the later of the date on which the school both has | 49163 |
| received documentation of the student's enrollment from a parent | 49164 |
| and the student has commenced participation in learning | 49165 |
| opportunities as defined in the contract with the sponsor, or | 49166 |
| thirty days prior to the date on which the student is entered into | 49167 |
| the education management information system established under | 49168 |
| section 3301.0714 of the Revised Code. For purposes of applying | 49169 |
|
this
division and division | 49170 |
| community school student, "learning opportunities" shall be | 49171 |
| defined in the contract, which shall describe both | 49172 |
| classroom-based and non-classroom-based learning opportunities | 49173 |
| and shall be in compliance with criteria and documentation | 49174 |
| requirements for student participation which shall be established | 49175 |
| by the department. Any student's instruction time in | 49176 |
| non-classroom-based learning opportunities shall be certified by | 49177 |
| an employee of the community school. A student's enrollment shall | 49178 |
| be considered to cease on the date on which any of the following | 49179 |
| occur: | 49180 |
| (a) The community school receives documentation from a parent | 49181 |
| terminating enrollment of the student. | 49182 |
| (b) The community school is provided documentation of a | 49183 |
| student's enrollment in another public or private school. | 49184 |
| (c) The community school ceases to offer learning | 49185 |
| opportunities to the student pursuant to the terms of the contract | 49186 |
| with the sponsor or the operation of any provision of this | 49187 |
| chapter. | 49188 |
| (3) The department shall determine each community school | 49189 |
| student's percentage of full-time equivalency based on the | 49190 |
| percentage of learning opportunities offered by the community | 49191 |
| school to that student, reported either as number of hours or | 49192 |
| number of days, is of the total learning opportunities offered | 49193 |
| by the community school to a student who attends for the school's | 49194 |
|
entire school year | 49195 |
| requirements: | 49196 |
| (a) No internet- or computer-based community school shall | 49197 |
| be credited for any time a student spends participating in | 49198 |
| learning opportunities beyond ten hours within any period of | 49199 |
|
twenty-four consecutive hours. | 49200 |
| (b) In the case of a community school and for which the | 49201 |
| mission is to serve primarily dropouts, the department shall count | 49202 |
| each enrolled student in the school's ADM only for the full-time | 49203 |
| equivalent amount of hours the student participates in | 49204 |
| classroom-based learning opportunities and shall not count any | 49205 |
| time a student participates in non-classroom-based learning | 49206 |
| opportunities. | 49207 |
| Whether it reports hours or days of learning opportunities, | 49208 |
|
each community
school
shall offer not less than | 49209 |
| 49210 | |
| opportunities during the school year prescribed by section | 49211 |
| 3314.031 of the Revised Code. | 49212 |
| | 49213 |
|
paid
under division | 49214 |
| made to colleges under division (B) of section 3365.07 of the | 49215 |
| Revised Code or through alternative funding agreements entered | 49216 |
| into under rules adopted under section 3365.12 of the Revised | 49217 |
| Code. | 49218 |
| | 49219 |
| internet- or computer-based community school or, if applicable to | 49220 |
| the student, in any community school that is required to provide | 49221 |
| the student with a computer pursuant to division (C) of section | 49222 |
| 3314.22 of the Revised Code, unless both of the following | 49223 |
| conditions are satisfied: | 49224 |
| (a) The student possesses or has been provided with all | 49225 |
| required hardware and software materials and all such materials | 49226 |
| are operational so that the student is capable of fully | 49227 |
| participating in the learning opportunities specified in the | 49228 |
| contract between the school and the school's sponsor as required | 49229 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 49230 |
| (b) The school is in compliance with division (A) of section | 49231 |
| 3314.22 of the Revised Code, relative to such student. | 49232 |
| (2) In accordance with policies adopted jointly by the | 49233 |
| superintendent of public instruction and the auditor of state, the | 49234 |
| department shall reduce the amounts otherwise payable under | 49235 |
|
division | 49236 |
| includes in its program the provision of computer hardware and | 49237 |
| software materials to any student, if such hardware and software | 49238 |
| materials have not been delivered, installed, and activated for | 49239 |
| each such student in a timely manner or other educational | 49240 |
| materials or services have not been provided according to the | 49241 |
| contract between the individual community school and its sponsor. | 49242 |
| The superintendent of public instruction and the auditor of | 49243 |
| state shall jointly establish a method for auditing any community | 49244 |
| school to which this division pertains to ensure compliance with | 49245 |
| this section. | 49246 |
| The superintendent, auditor of state, and the governor shall | 49247 |
| jointly make recommendations to the general assembly for | 49248 |
| legislative changes that may be required to assure fiscal and | 49249 |
| academic accountability for such schools. | 49250 |
| | 49251 |
| community school's enrollment is necessary, such review shall be | 49252 |
| completed and written notice of the findings shall be provided to | 49253 |
| the governing authority of the community school and its sponsor | 49254 |
| within ninety days of the end of the community school's fiscal | 49255 |
| year, unless extended for a period not to exceed thirty additional | 49256 |
| days for one of the following reasons: | 49257 |
| (a) The department and the community school mutually agree to | 49258 |
| the extension. | 49259 |
| (b) Delays in data submission caused by either a community | 49260 |
| school or its sponsor. | 49261 |
| (2) If the review results in a finding that additional | 49262 |
| funding is owed to the school, such payment shall be made within | 49263 |
| thirty days of the written notice. If the review results in a | 49264 |
| finding that the community school owes moneys to the state, the | 49265 |
| following procedure shall apply: | 49266 |
| (a) Within ten business days of the receipt of the notice of | 49267 |
| findings, the community school may appeal the department's | 49268 |
| determination to the state board of education or its designee. | 49269 |
| (b) The board or its designee shall conduct an informal | 49270 |
| hearing on the matter within thirty days of receipt of such an | 49271 |
| appeal and shall issue a decision within fifteen days of the | 49272 |
| conclusion of the hearing. | 49273 |
| (c) If the board has enlisted a designee to conduct the | 49274 |
| hearing, the designee shall certify its decision to the board. The | 49275 |
| board may accept the decision of the designee or may reject the | 49276 |
| decision of the designee and issue its own decision on the matter. | 49277 |
| (d) Any decision made by the board under this division is | 49278 |
| final. | 49279 |
| (3) If it is decided that the community school owes moneys to | 49280 |
| the state, the department shall deduct such amount from the | 49281 |
| school's future payments in accordance with guidelines issued by | 49282 |
| the superintendent of public instruction. | 49283 |
| | 49284 |
| 49285 | |
| 49286 | |
| this section any amount for any of the following: | 49287 |
| (1) Any student who has graduated from the twelfth grade of a | 49288 |
| public or nonpublic high school; | 49289 |
| (2) Any student who is not a resident of the state; | 49290 |
| (3) Any student who was enrolled in the community school | 49291 |
|
during the previous school year when | 49292 |
| administered under section 3301.0711 of the Revised Code but did | 49293 |
|
not take one or more
of the | 49294 |
| section and was not excused pursuant to division (C)(1) or (3) of | 49295 |
| that section, unless the superintendent of public instruction | 49296 |
|
grants the student a waiver
from the requirement to take the | 49297 |
| assessment and a parent is not paying tuition for the student | 49298 |
| pursuant to section 3314.26 of the Revised Code. The | 49299 |
| superintendent may grant a waiver only for good cause in | 49300 |
| accordance with rules adopted by the state board of education. | 49301 |
| (4) Any student who has attained the age of twenty-two years, | 49302 |
| except for veterans of the armed services whose attendance was | 49303 |
| interrupted before completing the recognized twelve-year course of | 49304 |
| the public schools by reason of induction or enlistment in the | 49305 |
| armed forces and who apply for enrollment in a community school | 49306 |
| not later than four years after termination of war or their | 49307 |
| honorable discharge. If, however, any such veteran elects to | 49308 |
| enroll in special courses organized for veterans for whom tuition | 49309 |
|
is paid under federal law, or otherwise, the department | 49310 |
| 49311 | |
| 49312 | |
|
division | 49313 |
| Sec. 3314.083. If the department of education pays a joint | 49314 |
| vocational school district under division (G)(4) of section | 49315 |
| 3317.16 of the Revised Code for excess costs of providing special | 49316 |
| education and related services to a student with a disability who | 49317 |
| is enrolled in a community school, as calculated under division | 49318 |
| (G)(2) of that section, the department shall deduct the amount of | 49319 |
| that payment from the amount calculated for payment to the | 49320 |
|
community school under section | 49321 |
| Code. | 49322 |
| Sec. 3314.084. (A) As used in this section: | 49323 |
| (1) | 49324 |
| 49325 |
| | 49326 |
| Revised Code. | 49327 |
| | 49328 |
| in section 3323.01 of the Revised Code; however, a community | 49329 |
| school established under this chapter is not a "school district of | 49330 |
| residence" for purposes of this section. | 49331 |
| (B) Notwithstanding anything to the contrary in section | 49332 |
|
3314.08 or 3317.03 of the Revised Code, | 49333 |
| in the case of a child who is enrolled in a community school and | 49334 |
|
is also living in a home | 49335 |
| | 49336 |
|
(B) | 49337 |
| district of residence, and not the school district in which the | 49338 |
| home that the child is living in is located, shall be considered | 49339 |
| to be the school district in which the child is entitled to attend | 49340 |
|
school. | 49341 |
| 49342 | |
| 49343 |
| | 49344 |
| 49345 | |
| 49346 |
| | 49347 |
| 49348 |
| | 49349 |
| 49350 | |
| 49351 |
| | 49352 |
| 49353 | |
| 49354 | |
| 49355 | |
| 49356 | |
| 49357 |
| | 49358 |
| 49359 | |
| 49360 |
| Sec. 3314.087. (A) As used in this section: | 49361 |
| (1) "Career-technical program" means vocational programs or | 49362 |
| classes described in division (A) or (B) of section 3317.014 of | 49363 |
| the Revised Code in which a student is enrolled. | 49364 |
| (2) "Formula ADM," "category one or two vocational education | 49365 |
| ADM," and "FTE basis" have the same meanings as in section 3317.02 | 49366 |
| of the Revised Code. | 49367 |
| (3) "Resident school district" means the city, exempted | 49368 |
| village, or local school district in which a student is entitled | 49369 |
| to attend school under section 3313.64 or 3313.65 of the Revised | 49370 |
| Code. | 49371 |
| (B) Notwithstanding anything to the contrary in this chapter | 49372 |
| or Chapter 3306. or 3317. of the Revised Code, a student enrolled | 49373 |
| in a community school may simultaneously enroll in the | 49374 |
| career-technical program operated by the student's resident | 49375 |
| school district. On an FTE basis, the student's resident school | 49376 |
| district shall count the student in the category one or two | 49377 |
| vocational education ADM for the proportion of the time the | 49378 |
| student is enrolled in the district's career-technical program | 49379 |
| and, accordingly, the department of education shall calculate | 49380 |
| funds under Chapter 3317. for the district attributable to the | 49381 |
| student for the proportion of time the student attends the | 49382 |
| career-technical program. The community school shall count the | 49383 |
| student in its enrollment report under section 3314.08 of the | 49384 |
| Revised Code and shall report to the department the proportion of | 49385 |
| time that the student attends classes at the community school. | 49386 |
|
The department shall pay the community
school | 49387 |
| 49388 | |
|
student under section | 49389 |
| proportion to the fraction of the time on an FTE basis that the | 49390 |
| student attends classes at the community school. "Full-time | 49391 |
| equivalency" for a community school student, as defined in | 49392 |
|
division | 49393 |
| apply to the student. | 49394 |
| Sec. 3314.091. (A) A school district is not required to | 49395 |
| provide transportation for any native student enrolled in a | 49396 |
| community school if the district board of education has entered | 49397 |
| into an agreement with the community school's governing authority | 49398 |
| that designates the community school as responsible for providing | 49399 |
| or arranging for the transportation of the district's native | 49400 |
| students to and from the community school. For any such agreement | 49401 |
| to be effective, it must be certified by the superintendent of | 49402 |
| public instruction as having met all of the following | 49403 |
| requirements: | 49404 |
| (1) It is submitted to the department of education by a | 49405 |
| deadline which shall be established by the department. | 49406 |
| (2) In accordance with divisions (C)(1) and (2) of this | 49407 |
| section, it specifies qualifications, such as residing a minimum | 49408 |
| distance from the school, for students to have their | 49409 |
| transportation provided or arranged. | 49410 |
| (3) The transportation provided by the community school is | 49411 |
| subject to all provisions of the Revised Code and all rules | 49412 |
| adopted under the Revised Code pertaining to pupil transportation. | 49413 |
| (4) The sponsor of the community school also has signed the | 49414 |
| agreement. | 49415 |
| (B)(1) For the school year that begins on July 1, 2007, a | 49416 |
| school district is not required to provide transportation for any | 49417 |
| native student enrolled in a community school, if the community | 49418 |
| school during the previous school year transported the students | 49419 |
| enrolled in the school or arranged for the students' | 49420 |
| transportation, even if that arrangement consisted of having | 49421 |
| parents transport their children to and from the school, but did | 49422 |
| not enter into an agreement to transport or arrange for | 49423 |
| transportation for those students under division (A) of this | 49424 |
| section, and if the governing authority of the community school by | 49425 |
| July 15, 2007, submits written notification to the district board | 49426 |
| of education stating that the governing authority is accepting | 49427 |
| responsibility for providing or arranging for the transportation | 49428 |
| of the district's native students to and from the community | 49429 |
| school. | 49430 |
| (2) For any school year subsequent to the school year that | 49431 |
| begins on July 1, 2007, a school district is not required to | 49432 |
| provide transportation for any native student enrolled in a | 49433 |
| community school if the governing authority of the community | 49434 |
| school, by the thirty-first day of January of the previous school | 49435 |
| year, submits written notification to the district board of | 49436 |
| education stating that the governing authority is accepting | 49437 |
| responsibility for providing or arranging for the transportation | 49438 |
| of the district's native students to and from the community | 49439 |
| school. If the governing authority of the community school has | 49440 |
| previously accepted responsibility for providing or arranging for | 49441 |
| the transportation of a district's native students to and from the | 49442 |
| community school, under division (B)(1) or (2) of this section, | 49443 |
| and has since relinquished that responsibility under division | 49444 |
| (B)(3) of this section, the governing authority shall not accept | 49445 |
| that responsibility again unless the district board consents to | 49446 |
| the governing authority's acceptance of that responsibility. | 49447 |
| (3) A governing authority's acceptance of responsibility | 49448 |
| under division (B)(1) or (2) of this section shall cover an entire | 49449 |
| school year, and shall remain in effect for subsequent school | 49450 |
| years unless the governing authority submits written notification | 49451 |
| to the district board that the governing authority is | 49452 |
| relinquishing the responsibility. However, a governing authority | 49453 |
| shall not relinquish responsibility for transportation before the | 49454 |
| end of a school year, and shall submit the notice relinquishing | 49455 |
| responsibility by the thirty-first day of January, in order to | 49456 |
| allow the school district reasonable time to prepare | 49457 |
| transportation for its native students enrolled in the school. | 49458 |
| (C)(1) A community school governing authority that enters | 49459 |
| into an agreement under division (A) of this section, or that | 49460 |
| accepts responsibility under division (B) of this section, shall | 49461 |
| provide or arrange transportation free of any charge for each of | 49462 |
| its enrolled students who is required to be transported under | 49463 |
| section 3327.01 of the Revised Code or who would otherwise be | 49464 |
| transported by the school district under the district's | 49465 |
| transportation policy. The governing authority shall report to the | 49466 |
| department of education the number of students transported or for | 49467 |
| whom transportation is arranged under this section in accordance | 49468 |
| with rules adopted by the state board of education. | 49469 |
| (2) The governing authority may provide or arrange | 49470 |
| transportation for any other enrolled student who is not eligible | 49471 |
| for transportation in accordance with division (C)(1) of this | 49472 |
| section and may charge a fee for such service up to the actual | 49473 |
| cost of the service. | 49474 |
| (3) Notwithstanding anything to the contrary in division | 49475 |
| (C)(1) or (2) of this section, a community school governing | 49476 |
| authority shall provide or arrange transportation free of any | 49477 |
| charge for any disabled student enrolled in the school for whom | 49478 |
| the student's individualized education program developed under | 49479 |
| Chapter 3323. of the Revised Code specifies transportation. | 49480 |
| (D)(1) If a school district board and a community school | 49481 |
| governing authority elect to enter into an agreement under | 49482 |
| division (A) of this section, the department of education shall | 49483 |
| make payments to the community school according to the terms of | 49484 |
| the agreement for each student actually transported under | 49485 |
| division (C)(1) of this section. | 49486 |
| If a community school governing authority accepts | 49487 |
| transportation responsibility under division (B) of this section, | 49488 |
| the department shall make payments to the community school for | 49489 |
| each student actually transported or for whom transportation is | 49490 |
| arranged by the community school under division (C)(1) of this | 49491 |
| section, calculated as follows: | 49492 |
| (a) For any fiscal year which the general assembly has | 49493 |
| specified that transportation payments to school districts be | 49494 |
| based on an across-the-board percentage of the district's payment | 49495 |
| for the previous school year, the per pupil payment to the | 49496 |
| community school shall be the following quotient: | 49497 |
| (i) The total amount calculated for the school district in | 49498 |
| which the child is entitled to attend school for student | 49499 |
| transportation other than transportation of children with | 49500 |
| disabilities; divided by | 49501 |
| (ii) The number of students included in the district's | 49502 |
| transportation ADM for the current fiscal year, as reported under | 49503 |
| division (B)(13) of section 3317.03 of the Revised Code, plus the | 49504 |
| number of students enrolled in the community school not counted in | 49505 |
| the district's transportation ADM who are transported under | 49506 |
| division (B)(1) or (2) of this section. | 49507 |
| (b) For any fiscal year which the general assembly has | 49508 |
| specified that the transportation payments to school districts be | 49509 |
|
calculated in accordance with | 49510 |
| 3306.12 of the Revised Code and any rules of the state board of | 49511 |
|
education
implementing that | 49512 |
| community school shall be the amount so calculated that otherwise | 49513 |
| would be paid to the school district in which the student is | 49514 |
| entitled to attend school by the method of transportation the | 49515 |
| district would have used. The community school, however, is not | 49516 |
| required to use the same method to transport that student. | 49517 |
| As used in this division "entitled to attend school" means | 49518 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 49519 |
| Revised Code. | 49520 |
| (2) The department shall deduct the payment under division | 49521 |
| (D)(1) of this section from the state education aid, as defined | 49522 |
|
in section | 49523 |
| necessary, the payment under sections 321.14 and 323.156 of the | 49524 |
| Revised Code, that is otherwise paid to the school district in | 49525 |
| which the student enrolled in the community school is entitled | 49526 |
| to attend school. The department shall include the number of the | 49527 |
| district's native students for whom payment is made to a | 49528 |
| community school under division (D)(1) of this section in the | 49529 |
| calculation of the district's transportation payment under | 49530 |
| 49531 | |
| the operating appropriations act. | 49532 |
| (3) A community school shall be paid under division (D)(1) | 49533 |
| of this section only for students who are eligible as specified | 49534 |
| in section 3327.01 of the Revised Code and division (C)(1) of this | 49535 |
| section, and whose transportation to and from school is actually | 49536 |
| provided, who actually utilized transportation arranged, or for | 49537 |
| whom a payment in lieu of transportation is made by the community | 49538 |
| school's governing authority. To qualify for the payments, the | 49539 |
| community school shall report to the department, in the form and | 49540 |
| manner required by the department, data on the number of students | 49541 |
| transported or whose transportation is arranged, the number of | 49542 |
| miles traveled, cost to transport, and any other information | 49543 |
| requested by the department. | 49544 |
| (4) A community school shall use payments received under this | 49545 |
| section solely to pay the costs of providing or arranging for the | 49546 |
| transportation of students who are eligible as specified in | 49547 |
| section 3327.01 of the Revised Code and division (C)(1) of this | 49548 |
| section, which may include payments to a parent, guardian, or | 49549 |
| other person in charge of a child in lieu of transportation. | 49550 |
| (E) Except when arranged through payment to a parent, | 49551 |
| guardian, or person in charge of a child, transportation provided | 49552 |
| or arranged for by a community school pursuant to an agreement | 49553 |
| under this section is subject to all provisions of the Revised | 49554 |
| Code, and all rules adopted under the Revised Code, pertaining to | 49555 |
| the construction, design, equipment, and operation of school buses | 49556 |
| and other vehicles transporting students to and from school. The | 49557 |
| drivers and mechanics of the vehicles are subject to all | 49558 |
| provisions of the Revised Code, and all rules adopted under the | 49559 |
| Revised Code, pertaining to drivers and mechanics of such | 49560 |
| vehicles. The community school also shall comply with sections | 49561 |
| 3313.201, 3327.09, and 3327.10 of the Revised Code, division (B) | 49562 |
| of section 3327.16 of the Revised Code and, subject to division | 49563 |
| (C)(1) of this section, sections 3327.01 and 3327.02 of the | 49564 |
| Revised Code, as if it were a school district. | 49565 |
| Sec. 3314.10. (A)(1) The governing authority of any | 49566 |
| community school established under this chapter may employ | 49567 |
| teachers and nonteaching employees necessary to carry out its | 49568 |
| mission and fulfill its contract. | 49569 |
| (2) Except as provided under division (A)(3) of this section, | 49570 |
| employees hired under this section may organize and collectively | 49571 |
| bargain pursuant to Chapter 4117. of the Revised Code. | 49572 |
| Notwithstanding division (D)(1) of section 4117.06 of the Revised | 49573 |
| Code, a unit containing teaching and nonteaching employees | 49574 |
| employed under this section shall be considered an appropriate | 49575 |
| unit. As applicable, employment under this section is subject to | 49576 |
| either Chapter 3307. or 3309. of the Revised Code. | 49577 |
| (3) If a school is created by converting all or part of an | 49578 |
| existing public school rather than by establishment of a new | 49579 |
| start-up school, at the time of conversion, the employees of the | 49580 |
| community school shall remain part of any collective bargaining | 49581 |
| unit in which they were included immediately prior to the | 49582 |
| conversion and shall remain subject to any collective bargaining | 49583 |
| agreement for that unit in effect on the first day of July of the | 49584 |
| year in which the community school initially begins operation and | 49585 |
| shall be subject to any subsequent collective bargaining agreement | 49586 |
| for that unit, unless a petition is certified as sufficient under | 49587 |
| division (A)(6) of this section with regard to those employees. | 49588 |
| Any new employees of the community school shall also be included | 49589 |
| in the unit to which they would have been assigned had not the | 49590 |
| conversion taken place and shall be subject to the collective | 49591 |
| bargaining agreement for that unit unless a petition is certified | 49592 |
| as sufficient under division (A)(6) of this section with regard to | 49593 |
| those employees. | 49594 |
| Notwithstanding division (B) of section 4117.01 of the | 49595 |
| Revised Code, the board of education of a school district and not | 49596 |
| the governing authority of a community school shall be regarded, | 49597 |
| for purposes of Chapter 4117. of the Revised Code, as the "public | 49598 |
| employer" of the employees of a conversion community school | 49599 |
| subject to a collective bargaining agreement pursuant to division | 49600 |
| (A)(3) of this section unless a petition is certified under | 49601 |
| division (A)(6) of this section with regard to those employees. | 49602 |
| Only on and after the effective date of a petition certified as | 49603 |
| sufficient under division (A)(6) of this section shall division | 49604 |
| (A)(2) of this section apply to those employees of that community | 49605 |
| school and only on and after the effective date of that petition | 49606 |
| shall Chapter 4117. of the Revised Code apply to the governing | 49607 |
| authority of that community school with regard to those employees. | 49608 |
| (4) Notwithstanding sections 4117.03 to 4117.18 of the | 49609 |
| Revised Code and Section 4 of Amended Substitute Senate Bill No. | 49610 |
| 133 of the 115th general assembly, the employees of a conversion | 49611 |
| community school who are subject to a collective bargaining | 49612 |
| agreement pursuant to division (A)(3) of this section shall cease | 49613 |
| to be subject to that agreement and all subsequent agreements | 49614 |
| pursuant to that division and shall cease to be part of the | 49615 |
| collective bargaining unit that is subject to that and all | 49616 |
| subsequent agreements, if a majority of the employees of that | 49617 |
| community school who are subject to that collective bargaining | 49618 |
| agreement sign and submit to the state employment relations board | 49619 |
| a petition requesting all of the following: | 49620 |
| (a) That all the employees of the community school who are | 49621 |
| subject to that agreement be removed from the bargaining unit that | 49622 |
| is subject to that agreement and be designated by the state | 49623 |
| employment relations board as a new and separate bargaining unit | 49624 |
| for purposes of Chapter 4117. of the Revised Code; | 49625 |
| (b) That the employee organization certified as the exclusive | 49626 |
| representative of the employees of the bargaining unit from which | 49627 |
| the employees are to be removed be certified as the exclusive | 49628 |
| representative of the new and separate bargaining unit for | 49629 |
| purposes of Chapter 4117. of the Revised Code; | 49630 |
| (c) That the governing authority of the community school be | 49631 |
| regarded as the "public employer" of these employees for purposes | 49632 |
| of Chapter 4117. of the Revised Code. | 49633 |
| (5) Notwithstanding sections 4117.03 to 4117.18 of the | 49634 |
| Revised Code and Section 4 of Amended Substitute Senate Bill No. | 49635 |
| 133 of the 115th general assembly, the employees of a conversion | 49636 |
| community school who are subject to a collective bargaining | 49637 |
| agreement pursuant to division (A)(3) of this section shall cease | 49638 |
| to be subject to that agreement and all subsequent agreements | 49639 |
| pursuant to that division, shall cease to be part of the | 49640 |
| collective bargaining unit that is subject to that and all | 49641 |
| subsequent agreements, and shall cease to be represented by any | 49642 |
| exclusive representative of that collective bargaining unit, if a | 49643 |
| majority of the employees of the community school who are subject | 49644 |
| to that collective bargaining agreement sign and submit to the | 49645 |
| state employment relations board a petition requesting all of the | 49646 |
| following: | 49647 |
| (a) That all the employees of the community school who are | 49648 |
| subject to that agreement be removed from the bargaining unit that | 49649 |
| is subject to that agreement; | 49650 |
| (b) That any employee organization certified as the exclusive | 49651 |
| representative of the employees of that bargaining unit be | 49652 |
| decertified as the exclusive representative of the employees of | 49653 |
| the community school who are subject to that agreement; | 49654 |
| (c) That the governing authority of the community school be | 49655 |
| regarded as the "public employer" of these employees for purposes | 49656 |
| of Chapter 4117. of the Revised Code. | 49657 |
| (6) Upon receipt of a petition under division (A)(4) or (5) | 49658 |
| of this section, the state employment relations board shall check | 49659 |
| the sufficiency of the signatures on the petition. If the | 49660 |
| signatures are found sufficient, the board shall certify the | 49661 |
| sufficiency of the petition and so notify the parties involved, | 49662 |
| including the board of education, the governing authority of the | 49663 |
| community school, and any exclusive representative of the | 49664 |
| bargaining unit. The changes requested in a certified petition | 49665 |
| shall take effect on the first day of the month immediately | 49666 |
| following the date on which the sufficiency of the petition is | 49667 |
| certified under division (A)(6) of this section. | 49668 |
| (B)(1) The board of education of each city, local, and | 49669 |
| exempted village school district sponsoring a community school and | 49670 |
| the governing board of each educational service center in which a | 49671 |
| community school is located shall adopt a policy that provides a | 49672 |
| leave of absence of at least three years to each teacher or | 49673 |
| nonteaching employee of the district or service center who is | 49674 |
| employed by a conversion or new start-up community school | 49675 |
| sponsored by the district or located in the district or center for | 49676 |
| the period during which the teacher or employee is continuously | 49677 |
| employed by the community school. The policy shall also provide | 49678 |
| that any teacher or nonteaching employee may return to employment | 49679 |
| by the district or service center if the teacher or employee | 49680 |
| leaves or is discharged from employment with the community school | 49681 |
| for any reason, unless, in the case of a teacher, the board of the | 49682 |
| district or service center determines that the teacher was | 49683 |
| discharged for a reason for which the board would have sought to | 49684 |
| discharge the teacher under section 3319.16 of the Revised Code, | 49685 |
| in which case the board may proceed to discharge the teacher | 49686 |
| utilizing the procedures of that section. Upon termination of such | 49687 |
| a leave of absence, any seniority that is applicable to the person | 49688 |
| shall be calculated to include all of the following: all | 49689 |
| employment by the district or service center prior to the leave of | 49690 |
| absence; all employment by the community school during the leave | 49691 |
| of absence; and all employment by the district or service center | 49692 |
| after the leave of absence. The policy shall also provide that if | 49693 |
| any teacher holding valid certification returns to employment by | 49694 |
| the district or service center upon termination of such a leave of | 49695 |
| absence, the teacher shall be restored to the previous position | 49696 |
| and salary or to a position and salary similar thereto. If, as a | 49697 |
| result of teachers returning to employment upon termination of | 49698 |
| such leaves of absence, a school district or educational service | 49699 |
| center reduces the number of teachers it employs, it shall make | 49700 |
| such reductions in accordance with section 3319.17 or, if | 49701 |
| applicable, 3319.171 of the Revised Code. | 49702 |
| Unless a collective bargaining agreement providing otherwise | 49703 |
| is in effect for an employee of a conversion community school | 49704 |
| pursuant to division (A)(3) of this section, an employee on a | 49705 |
| leave of absence pursuant to this division shall remain eligible | 49706 |
| for any benefits that are in addition to benefits under Chapter | 49707 |
| 3307. or 3309. of the Revised Code provided by the district or | 49708 |
| service center to its employees provided the employee pays the | 49709 |
| entire cost associated with such benefits, except that personal | 49710 |
| leave and vacation leave cannot be accrued for use as an employee | 49711 |
| of a school district or service center while in the employ of a | 49712 |
| community school unless the district or service center board | 49713 |
| adopts a policy expressly permitting this accrual. | 49714 |
| (2) While on a leave of absence pursuant to division (B)(1) | 49715 |
| of this section, a conversion community school shall permit a | 49716 |
| teacher to use sick leave accrued while in the employ of the | 49717 |
| school district from which the leave of absence was taken and | 49718 |
| prior to commencing such leave. If a teacher who is on such a | 49719 |
| leave of absence uses sick leave so accrued, the cost of any | 49720 |
| salary paid by the community school to the teacher for that time | 49721 |
| shall be reported to the department of education. The cost of | 49722 |
| employing a substitute teacher for that time shall be paid by the | 49723 |
| community school. The department of education shall add amounts to | 49724 |
| the payments made to a community school under this chapter and | 49725 |
| section 3306.16 of the Revised Code as necessary to cover the cost | 49726 |
| of salary reported by a community school as paid to a teacher | 49727 |
| using sick leave so accrued pursuant to this section. The | 49728 |
| department shall subtract the amounts of any payments made to | 49729 |
| community schools under this division from payments made to such | 49730 |
|
sponsoring school district under | 49731 |
| of the Revised Code. | 49732 |
| A school district providing a leave of absence and employee | 49733 |
| benefits to a person pursuant to this division is not liable for | 49734 |
| any action of that person while the person is on such leave and | 49735 |
| employed by a community school. | 49736 |
| Sec. 3314.102. Each community school shall do both of the | 49737 |
| following in the same manner as required of a school district: | 49738 |
| (A) Comply with the provisions of section 3319.074 of the | 49739 |
| Revised Code, except that the prohibition in division (B) of that | 49740 |
| section shall apply only to teachers hired by the school on or | 49741 |
| after the effective date of this section; | 49742 |
| (B) Employ as classroom teachers only persons who are | 49743 |
| licensed under sections 3319.22 to 3319.31 of the Revised Code in | 49744 |
| a manner that is in compliance with any rules of the state board | 49745 |
| of education that either implement those sections or otherwise | 49746 |
| require teachers to teach in the subject areas or grade levels for | 49747 |
| which they are licensed. | 49748 |
| A community school may engage persons issued permits under | 49749 |
| section 3319.301 of the Revised Code in the same manner as may | 49750 |
| school districts. | 49751 |
| Sec. 3314.19. The sponsor of each community school annually | 49752 |
| shall provide the following assurances in writing to the | 49753 |
| department of education not later than ten business days prior to | 49754 |
| the opening of the school: | 49755 |
| (A) That the sponsor has filed a current copy of the contract | 49756 |
| between the sponsor and the governing authority of the school | 49757 |
|
entered into under
section 3314.03 of the Revised Code | 49758 |
| 49759 | |
| under section 3314.11 of the Revised Code and that the sponsor | 49760 |
|
will file any subsequent modifications to that
contract | 49761 |
| 49762 |
| (B) That the school has submitted to the sponsor a plan for | 49763 |
| providing special education and related services to students with | 49764 |
| disabilities and has demonstrated the capacity to provide those | 49765 |
| services in accordance with Chapter 3323. of the Revised Code and | 49766 |
| federal law; | 49767 |
| (C) That the school has a plan and procedures for | 49768 |
|
administering the achievement | 49769 |
| prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the | 49770 |
| Revised Code; | 49771 |
| (D) That school personnel have the necessary training, | 49772 |
| knowledge, and resources to properly use and submit information to | 49773 |
| all databases maintained by the department for the collection of | 49774 |
| education data, including the education management information | 49775 |
| system established under section 3301.0714 of the Revised Code in | 49776 |
| accordance with methods and timelines established under section | 49777 |
| 3314.17 of the Revised Code; | 49778 |
| (E) That the school has submitted all required information | 49779 |
|
about the school | 49780 |
| directory system or any successor system; | 49781 |
| (F) That the school will enroll at least the minimum number | 49782 |
| of students required by division (A)(11)(a) of section 3314.03 of | 49783 |
| the Revised Code in the school year for which the assurances are | 49784 |
| provided; | 49785 |
| (G) That all classroom teachers are licensed in accordance | 49786 |
|
with | 49787 |
| 49788 | |
| 49789 |
| (H) That the school's fiscal officer is in compliance with | 49790 |
| section 3314.011 of the Revised Code; | 49791 |
| (I) That the school has complied with sections 3319.39 and | 49792 |
| 3319.391 of the Revised Code with respect to all employees, that | 49793 |
| the school has complied with section 3314.41 of the Revised Code | 49794 |
| with respect to persons described in division (B) of that section, | 49795 |
| and that the school has conducted a criminal records check of | 49796 |
| each of its governing authority members; | 49797 |
| (J) That the school holds all of the following: | 49798 |
| (1) Proof of property ownership or a lease for the facilities | 49799 |
| used by the school; | 49800 |
| (2) A certificate of occupancy; | 49801 |
| (3) Liability insurance for the school, as required by | 49802 |
| division (A)(11)(b) of section 3314.03 of the Revised Code, that | 49803 |
| the sponsor considers sufficient to indemnify the school's | 49804 |
| facilities, staff, and governing authority against risk; | 49805 |
| (4) A satisfactory health and safety inspection; | 49806 |
| (5) A satisfactory fire inspection; | 49807 |
| (6) A valid food permit, if applicable. | 49808 |
| (K) That the sponsor has conducted a pre-opening site visit | 49809 |
| to the school for the school year for which the assurances are | 49810 |
| provided; | 49811 |
| (L) That the school has designated a date it will open for | 49812 |
| the school year for which the assurances are provided that is in | 49813 |
| compliance with division (A)(25) of section 3314.03 of the Revised | 49814 |
| Code; | 49815 |
| (M) That the school has met all of the sponsor's requirements | 49816 |
| for opening and any other requirements of the sponsor. | 49817 |
| Sec. 3314.191. The sponsor of a community school is subject | 49818 |
| to this section if the sponsor fails to take an action described | 49819 |
| in division (A) or (K) of section 3314.19 of the Revised Code with | 49820 |
| respect to one or more of the community schools it sponsors, or if | 49821 |
| one or more of the community schools it sponsors fails to meet any | 49822 |
| of the criteria specified in divisions (B) to (J), (L), and (M) of | 49823 |
| that section. | 49824 |
| (A) In any year in which a sponsor becomes subject to this | 49825 |
| section, the department of education shall provide the sponsor | 49826 |
| with technical assistance to bring the sponsor or the community | 49827 |
| school into compliance with the criteria specified in section | 49828 |
| 3314.19 of the Revised Code, and the sponsor shall take both of | 49829 |
| the following actions: | 49830 |
| (1) Develop and submit to the department a three-year | 49831 |
| operations improvement plan containing all of the following: | 49832 |
| (a) An analysis of the reasons for the sponsor's failure to | 49833 |
| comply with the criteria and to assure that the community schools | 49834 |
| it sponsors comply with the criteria; | 49835 |
| (b) Specific strategies the sponsor will use to address the | 49836 |
| problems in meeting the criteria; | 49837 |
| (c) Identification of the resources the sponsor will use to | 49838 |
| meet the criteria and to assure that the schools it sponsors meet | 49839 |
| the criteria; | 49840 |
| (d) A description of how the sponsor will measure its | 49841 |
| progress in meeting the criteria and assuring that the schools it | 49842 |
| sponsors meet the criteria. | 49843 |
| (2) Notify the parent or guardian of each student enrolled in | 49844 |
| each community school it sponsors with respect to which the | 49845 |
| criteria were not met, either in writing or by electronic means, | 49846 |
| of the criteria the sponsor or the school did not meet, the | 49847 |
| actions the sponsor is taking toward meeting the criteria and | 49848 |
| assuring that the school meets the criteria, and any progress the | 49849 |
| sponsor has achieved in the immediately preceding school year | 49850 |
| toward meeting the criteria and assuring that the school meets the | 49851 |
| criteria. | 49852 |
| (B) If a sponsor becomes subject to this section in a second | 49853 |
| consecutive year, both of the following apply: | 49854 |
| (1) The sponsor shall take the actions required by divisions | 49855 |
| (A)(1) and (2) of this section; | 49856 |
| (2) The department shall declare the sponsor to be in | 49857 |
| probationary status, and monitor the sponsor's actions to | 49858 |
| implement remedies, in accordance with division (D) of section | 49859 |
| 3314.015 of the Revised Code. The department may suspend or | 49860 |
| restrict the sponsor's authority to sponsor community schools | 49861 |
| under divisions (D)(3) and (4) of that section if the department | 49862 |
| finds that the remedies offered by the sponsor are not | 49863 |
| satisfactory, or if the department finds that the sponsor is not | 49864 |
| taking actions necessary to implement those remedies. | 49865 |
| (C) If a sponsor becomes subject to this section in a third | 49866 |
| consecutive year, the department shall revoke the sponsor's | 49867 |
| authority to sponsor community schools in accordance with division | 49868 |
| (C) of section 3314.015 of the Revised Code. | 49869 |
| (D) The department's suspension, restriction, or revocation | 49870 |
| of the sponsorship authority of a sponsor that is subject to this | 49871 |
| section is subject to appeal under division (E) of section | 49872 |
| 3314.015 of the Revised Code. | 49873 |
| (E) This section does not restrict the department's authority | 49874 |
| otherwise to place a sponsor on probationary status, or otherwise | 49875 |
| to suspend, restrict, or revoke a sponsor's authority, under | 49876 |
| section 3314.015 of the Revised Code. | 49877 |
| Sec. 3314.192. (A) The sponsor of each community school | 49878 |
| annually shall report to the department of education, not later | 49879 |
| than ten business days prior to the opening of the school, whether | 49880 |
| the school's governing authority has entered into a contract with | 49881 |
| an operator for that school year. The sponsor shall also report to | 49882 |
| the department any additional information about the operator and | 49883 |
| contract the superintendent of public instruction specifies by | 49884 |
| rule. | 49885 |
| (B) The department shall post the information reported under | 49886 |
| division (A) of this section on its web site. | 49887 |
| (C) If there is any change in the contract between the | 49888 |
| governing authority of a community school and the school's | 49889 |
| operator during the course of the school year, the governing | 49890 |
| authority shall notify the school's sponsor of the change not | 49891 |
| later than thirty days after the change is made. If the change | 49892 |
| involves any of the information reported under division (A) of | 49893 |
| this section, the sponsor shall report the change to the | 49894 |
| department not later than thirty days after receiving notification | 49895 |
| of the change from the school's governing authority. The | 49896 |
| department shall update its web site to reflect the change not | 49897 |
| later than thirty days after receiving the report of the change | 49898 |
| from the school's sponsor. | 49899 |
| Sec. 3314.21. (A) As used in this section: | 49900 |
| (1) "Harmful to juveniles" has the same meaning as in section | 49901 |
| 2907.01 of the Revised Code. | 49902 |
| (2) "Obscene" has the same meaning as in division (F) of | 49903 |
| section 2907.01 of the Revised Code as that division has been | 49904 |
| construed by the supreme court of this state. | 49905 |
| (3) "Teacher of record" means a teacher who is responsible | 49906 |
| for the overall academic development and achievement of a student | 49907 |
| and not merely the student's instruction in any single subject. | 49908 |
|
(B) | 49909 |
| teachers employed by internet- or computer-based community schools | 49910 |
| conduct visits with their students in person throughout the school | 49911 |
| year. | 49912 |
| (2) Each internet- or computer-based community school shall | 49913 |
| retain an affiliation with at least one full-time teacher of | 49914 |
|
record licensed in accordance with | 49915 |
| 49916 |
| (3) Each student enrolled in an internet- or computer-based | 49917 |
| community school shall be assigned to at least one teacher of | 49918 |
| record. No teacher of record shall be primarily responsible for | 49919 |
| the academic development and achievement of more than one hundred | 49920 |
| twenty-five students enrolled in the internet- or computer-based | 49921 |
| community school that has retained that teacher. | 49922 |
| (C) For any internet- or computer-based community school, the | 49923 |
| contract between the sponsor and the governing authority of the | 49924 |
| school described in section 3314.03 of the Revised Code shall | 49925 |
| specify each of the following: | 49926 |
| (1) A requirement that the school use a filtering device or | 49927 |
| install filtering software that protects against internet access | 49928 |
| to materials that are obscene or harmful to juveniles on each | 49929 |
| computer provided to students for instructional use. The school | 49930 |
| shall provide such device or software at no cost to any student | 49931 |
| who works primarily from the student's residence on a computer | 49932 |
| obtained from a source other than the school. | 49933 |
| (2) A plan for fulfilling the intent of the general assembly | 49934 |
| specified in division (B)(1) of this section. The plan shall | 49935 |
| indicate the number of times teachers will visit each student | 49936 |
| throughout the school year and the manner in which those visits | 49937 |
| will be conducted. | 49938 |
| (3) That the school will set up a central base of operation | 49939 |
| and the sponsor will maintain a representative within fifty miles | 49940 |
| of that base of operation to provide monitoring and assistance. | 49941 |
| Sec. 3314.25. Each internet- or computer-based community | 49942 |
| school shall provide its students a location within a fifty-mile | 49943 |
| radius of the student's residence at which to complete the | 49944 |
|
statewide achievement | 49945 |
|
under sections 3301.079 | 49946 |
| Revised Code. | 49947 |
| Sec. 3314.26. (A) Each internet- or computer-based community | 49948 |
| school shall withdraw from the school any student who, for two | 49949 |
| consecutive school years, has failed to participate in the spring | 49950 |
|
administration of any | 49951 |
| 3301.0710 or 3301.0712 of the Revised Code for the student's | 49952 |
|
grade level and
was not excused from the | 49953 |
| to division (C)(1) or (3) of section 3301.0711 of the Revised | 49954 |
| Code, regardless of whether a waiver was granted for the student | 49955 |
|
under
division | 49956 |
| The school shall report any such student's data verification | 49957 |
| code, as assigned pursuant to section 3301.0714 of the Revised | 49958 |
| Code, to the department of education. The department shall | 49959 |
| maintain a list of all data verification codes reported under | 49960 |
| this division and section 3313.6410 of the Revised Code and | 49961 |
| provide that list to each internet- or computer-based community | 49962 |
| school and to each school to which section 3313.6410 of the | 49963 |
| Revised Code applies. | 49964 |
| (B) No internet- or computer-based community school shall | 49965 |
| receive any state funds under this chapter for any enrolled | 49966 |
| student whose data verification code appears on the list | 49967 |
| maintained by the department under division (A) of this section. | 49968 |
| Notwithstanding any provision of the Revised Code to the | 49969 |
| contrary, the parent of any such student shall pay tuition to the | 49970 |
| internet- or computer-based community school in an amount equal to | 49971 |
| the state funds the school otherwise would receive for that | 49972 |
| student, as determined by the department. An internet- or | 49973 |
| computer-based community school may withdraw any student for whom | 49974 |
| the parent does not pay tuition as required by this division. | 49975 |
| Sec. 3314.35. (A)(1) Except as provided in division | 49976 |
|
(A) | 49977 |
| school that meets one of the following criteria after July 1, | 49978 |
| 2008, but before July 1, 2009: | 49979 |
| (a) The school does not offer a grade level higher than three | 49980 |
| and has been declared to be in a state of academic emergency under | 49981 |
| section 3302.03 of the Revised Code for four consecutive school | 49982 |
| years. | 49983 |
| (b) The school satisfies all of the following conditions: | 49984 |
| (i) The school offers any of grade levels four to eight but | 49985 |
| does not offer a grade level higher than nine. | 49986 |
| (ii) The school has been declared to be in a state of | 49987 |
| academic emergency under section 3302.03 of the Revised Code for | 49988 |
| three consecutive school years. | 49989 |
| (iii) For two of those school years, the school showed less | 49990 |
| than one standard year of academic growth in either reading or | 49991 |
| mathematics, as determined by the department of education in | 49992 |
| accordance with rules adopted under division (A) of section | 49993 |
| 3302.021 of the Revised Code. | 49994 |
| (c) The school satisfies all of the following conditions: | 49995 |
| (i) The school offers any of grade levels ten to twelve. | 49996 |
| (ii) The school has been declared to be in a state of | 49997 |
| academic emergency under section 3302.03 of the Revised Code for | 49998 |
| three consecutive school years. | 49999 |
| (iii) For two of those school years, the school showed less | 50000 |
| than two standard years of academic growth in either reading or | 50001 |
| mathematics, as determined by the department in accordance with | 50002 |
| rules adopted under division (A) of section 3302.021 of the | 50003 |
| Revised Code. | 50004 |
| (2) Except as provided in division (A)(3) of this section, | 50005 |
| this section applies to any community school that meets one of the | 50006 |
| following criteria after July 1, 2009: | 50007 |
| (a) The school does not offer a grade level higher than three | 50008 |
| and has been declared to be in a state of academic emergency under | 50009 |
| section 3302.03 of the Revised Code for three of the four most | 50010 |
| recent school years. | 50011 |
| (b) The school satisfies all of the following conditions: | 50012 |
| (i) The school offers any of grade levels four to eight but | 50013 |
| does not offer a grade level higher than nine. | 50014 |
| (ii) The school has been declared to be in a state of | 50015 |
| academic emergency under section 3302.03 of the Revised Code for | 50016 |
| two of the three most recent school years. | 50017 |
| (iii) In at least two of the three most recent school years, | 50018 |
| the school showed less than one standard year of academic growth | 50019 |
| in either reading or mathematics, as determined by the department | 50020 |
| in accordance with rules adopted under division (A) of section | 50021 |
| 3302.021 of the Revised Code. | 50022 |
| (c) The school offers any of grade levels ten to twelve and | 50023 |
| has been declared to be in a state of academic emergency under | 50024 |
| section 3302.03 of the Revised Code for three of the four most | 50025 |
| recent school years. | 50026 |
| (3)
This section does not apply to | 50027 |
| following: | 50028 |
| (a) Any community school in which a majority of the students | 50029 |
| are enrolled in a dropout prevention and recovery program that is | 50030 |
| operated by the school and that has been granted a waiver under | 50031 |
| section 3314.36 of the Revised Code; | 50032 |
| (b) Any community school in which a majority of the enrolled | 50033 |
| students are children with disabilities receiving special | 50034 |
| education and related services in accordance with Chapter 3323. of | 50035 |
| the Revised Code. | 50036 |
| (B) Any community school to which this section applies shall | 50037 |
| permanently close at the conclusion of the school year in which | 50038 |
| the school first becomes subject to this section. The sponsor and | 50039 |
| governing authority of the school shall comply with all procedures | 50040 |
| for closing a community school adopted by the department under | 50041 |
|
division | 50042 |
| governing authority of the school shall not enter into a contract | 50043 |
| with any other sponsor under section 3314.03 of the Revised Code | 50044 |
| after the school closes. | 50045 |
| (C) Not later than July 1, 2008, the department shall | 50046 |
| determine the feasibility of using the value-added progress | 50047 |
| dimension, as defined in section 3302.01 of the Revised Code, as a | 50048 |
| factor in evaluating the academic performance of community schools | 50049 |
| described in division (A)(1)(c)(i) of this section. | 50050 |
| Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section, | 50051 |
| if the department determines that using the value-added progress | 50052 |
| dimension to evaluate community schools described in division | 50053 |
| (A)(1)(c)(i) of this section is not feasible, a community school | 50054 |
| described in that division shall be required to permanently close | 50055 |
| under this section only if it has been declared to be in a state | 50056 |
| of academic emergency under section 3302.03 of the Revised Code | 50057 |
| for four consecutive school years. | 50058 |
| Sec. 3314.36. (A) Section 3314.35 of the Revised Code does | 50059 |
| not apply to any community school in which a majority of the | 50060 |
| students are enrolled in a dropout prevention and recovery program | 50061 |
| that is operated by the school and that has been granted a waiver | 50062 |
| by the department of education. The department shall grant a | 50063 |
| waiver to a dropout prevention and recovery program, within sixty | 50064 |
| days after the program applies for the waiver, if the program | 50065 |
| meets all of the following conditions: | 50066 |
| (1) The program serves only students not younger than sixteen | 50067 |
| years of age and not older than twenty-one years of age. | 50068 |
| (2) The program enrolls students who, at the time of their | 50069 |
| initial enrollment, either, or both, are at least one grade level | 50070 |
| behind their cohort age groups or experience crises that | 50071 |
| significantly interfere with their academic progress such that | 50072 |
| they are prevented from continuing their traditional programs. | 50073 |
| (3) The program requires students to attain at least the | 50074 |
|
applicable score designated for each of the | 50075 |
| prescribed under division (B)(1) of section 3301.0710 of the | 50076 |
| Revised Code or, to the extent prescribed by rule of the state | 50077 |
| board of education under division (E)(6) of section 3301.0712 of | 50078 |
| the Revised Code, division (B)(2) of that section. | 50079 |
| (4) The program develops an individual career plan for the | 50080 |
| student that specifies the student's matriculating to a two-year | 50081 |
| degree program, acquiring a business and industry credential, or | 50082 |
| entering an apprenticeship. | 50083 |
| (5) The program provides counseling and support for the | 50084 |
| student related to the plan developed under division (A)(4) of | 50085 |
| this section during the remainder of the student's high school | 50086 |
| experience. | 50087 |
| (6) Prior to receiving the waiver, the program has submitted | 50088 |
| to the department an instructional plan that demonstrates how the | 50089 |
| academic content standards adopted by the state board of education | 50090 |
| under section 3301.079 of the Revised Code will be taught and | 50091 |
| assessed. | 50092 |
| If the department does not act either to grant the waiver or | 50093 |
| to reject the program application for the waiver within sixty days | 50094 |
| as required under this section, the waiver shall be considered to | 50095 |
| be granted. | 50096 |
| (B) Notwithstanding division (A) of this section, the | 50097 |
| department shall not grant a waiver to any community school that | 50098 |
| did not qualify for a waiver under this section when it initially | 50099 |
| began operations, unless the state board of education approves the | 50100 |
| waiver. | 50101 |
| | 50102 |
| (A) If the | 50103 |
| accountant, pursuant to section 117.41 of the Revised Code, | 50104 |
|
declares a community school
established under | 50105 |
| 50106 | |
| auditor of | 50107 |
| declaration to the school, the school's sponsor, and the | 50108 |
| 50109 | |
|
of | 50110 |
| auditor of | 50111 |
| (B) Notwithstanding any provision to the contrary in | 50112 |
| 50113 | |
| law, a sponsor of a community school that is notified by the | 50114 |
| 50115 | |
| that a community school it sponsors is unauditable shall not | 50116 |
| enter into contracts with any additional community schools under | 50117 |
|
section 3314.03 of the Revised
Code until the | 50118 |
| 50119 | |
| audit of that school. | 50120 |
| (C) Not later than forty-five days after receiving | 50121 |
|
notification by the | 50122 |
| (A) of this section that a community school is unauditable, the | 50123 |
| sponsor of the school shall provide a written response to the | 50124 |
| 50125 | |
| following: | 50126 |
| (1) An overview of the process the sponsor will use to review | 50127 |
| and understand the circumstances that led to the community school | 50128 |
| becoming unauditable; | 50129 |
| (2) A plan for providing the | 50130 |
| with the documentation necessary to complete an audit of the | 50131 |
| community school and for ensuring that all financial documents | 50132 |
| are available in the future; | 50133 |
| (3) The actions the sponsor will take to ensure that the plan | 50134 |
| described in division (C)(2) of this section is implemented. | 50135 |
| (D) If a community school fails to make reasonable efforts | 50136 |
| and continuing progress to bring its accounts, records, files, or | 50137 |
| reports into an auditable condition within ninety days after being | 50138 |
|
declared unauditable, the | 50139 |
| addition to requesting legal action under sections 117.41 and | 50140 |
|
117.42 of the
Revised Code, shall notify the | 50141 |
| department of the school's failure.
If the | 50142 |
| 50143 | |
|
complete a financial audit of the school, the | 50144 |
| 50145 | |
| has been completed. | 50146 |
| (E) Notwithstanding any provision to the contrary in | 50147 |
| 50148 | |
|
law, upon
notification by the | 50149 |
| under division (D) of this section that a community school has | 50150 |
| failed to make reasonable efforts and continuing progress to | 50151 |
| bring its accounts, records, files, or reports into an auditable | 50152 |
| condition following a declaration that the school is unauditable, | 50153 |
|
the | 50154 |
|
the school under | 50155 |
| and any other provision of law. Upon subsequent notification from | 50156 |
|
the | 50157 |
| 50158 | |
| complete a financial audit of the community school, the | 50159 |
| 50160 | |
| school under this section. | 50161 |
| Sec. 3314.39. (A) The department of education shall conduct | 50162 |
| an on-site visit of each community school at least every five | 50163 |
| years to evaluate the school's operations. During each visit, the | 50164 |
| department shall do all of the following: | 50165 |
| (1) Determine if the school has complied with the terms of | 50166 |
| the contract with its sponsor; | 50167 |
| (2) Determine if the school has complied with all laws | 50168 |
| regarding community school academic and fiscal accountability and | 50169 |
| with all other applicable laws and administrative rules; | 50170 |
| (3) Corroborate the information reported to the department by | 50171 |
| the sponsor under division (D)(3) of section 3314.03 of the | 50172 |
| Revised Code; | 50173 |
| (4) Review the school's progress in implementing a continuous | 50174 |
| improvement plan developed under division (B) of section 3302.04 | 50175 |
| of the Revised Code, if applicable. | 50176 |
| (B) Each on-site visit conducted under this section shall | 50177 |
| include school tours, classroom observations, and interviews with | 50178 |
| administrators, teachers, other school staff, parents, or | 50179 |
| students. | 50180 |
| (C) Each community school shall provide any data, documents, | 50181 |
| or other materials the department considers necessary to enable it | 50182 |
| to conduct a thorough on-site visit. | 50183 |
| (D) Upon completion of each on-site visit, the department | 50184 |
| shall issue a written report summarizing its findings. The | 50185 |
| department shall provide a copy of the report to the sponsor and | 50186 |
| governing authority of the community school. The sponsor or the | 50187 |
| governing authority may submit factual corrections to the | 50188 |
| department by a deadline established by the department. Upon | 50189 |
| receipt of any factual corrections, the department shall revise | 50190 |
| the report and issue a final version. The department shall post | 50191 |
| the final version of the report on its web site. | 50192 |
| (E) The sponsor of a community school may consider findings | 50193 |
| contained in the report issued under division (D) of this section | 50194 |
| in deciding whether to place the school in probationary status | 50195 |
| pursuant to section 3314.073 of the Revised Code, suspend the | 50196 |
| operation of the school pursuant to section 3314.072 of the | 50197 |
| Revised Code, or terminate the school's contract pursuant to | 50198 |
| section 3314.07 of the Revised Code. If the sponsor fails to take | 50199 |
| any of these actions that the department determines are warranted | 50200 |
| based on the findings in the report, the department may revoke the | 50201 |
| sponsor's approval to sponsor community schools in accordance with | 50202 |
| division (C) of section 3314.015 of the Revised Code. | 50203 |
| (F) Any on-site visit required by this section may be | 50204 |
| conducted in conjunction with a site evaluation required under | 50205 |
| division (D) of section 3302.04 of the Revised Code. | 50206 |
| (G) The state board of education shall adopt rules to | 50207 |
| implement this section. | 50208 |
| Sec. 3314.42. (A) The governing authority of each community | 50209 |
| school established under this chapter shall submit to the school's | 50210 |
| sponsor a copy of any corrective action plan for the school | 50211 |
| required by the department of education, including a corrective | 50212 |
| action plan required under division (L) of section 3301.0714 of | 50213 |
| the Revised Code. The chief administrative officer of that sponsor | 50214 |
| shall review and sign the corrective action plan and return it to | 50215 |
| the governing authority. The signature of the sponsor's chief | 50216 |
| administrative officer shall signify the sponsor's receipt of | 50217 |
| notice of the content of the corrective action plan. | 50218 |
| (B) The sponsor shall monitor and may assist the school's | 50219 |
| implementation of the corrective action plan. | 50220 |
| (C) The school's failure to submit any corrective action plan | 50221 |
| required by the department to the chief administrative officer of | 50222 |
| the school's sponsor or to implement all of the provisions of a | 50223 |
| corrective action plan may be considered by the sponsor when | 50224 |
| determining whether to take any action under section 3314.07, | 50225 |
| 3314.072, or 3314.073 of the Revised Code. | 50226 |
| Sec. 3314.43. For purposes of section 3319.321 of the | 50227 |
| Revised Code, the sponsor of a community school established under | 50228 |
| this chapter shall be an "educational institution," to which the | 50229 |
| records of a pupil enrolled in the school may be released for a | 50230 |
| legitimate educational purpose without the consent of the pupil or | 50231 |
| the pupil's parent, guardian, or custodian in accordance with that | 50232 |
| section. The sponsor shall handle any educational records released | 50233 |
| to the sponsor in accordance with the requirements of that section | 50234 |
| and the "Family Educational Rights and Privacy Act of 1974," 20 | 50235 |
| U.S.C. 1232g. | 50236 |
| Sec. 3314.44. (A) If a community school established under | 50237 |
| this chapter closes for any reason, the chief administrative | 50238 |
| officer of the school at the time the school closes shall in good | 50239 |
| faith take all reasonable steps necessary to collect and assemble | 50240 |
| in an orderly manner the educational records of each student who | 50241 |
| is or has been enrolled in the school so that those records may be | 50242 |
| transmitted in accordance with this division. The chief | 50243 |
| administrative officer shall transmit the records to the | 50244 |
| department of education, in the manner and by the date prescribed | 50245 |
| by the department. | 50246 |
| (B) No person required to collect, assemble, and transmit | 50247 |
| student records under division (A) of this section shall fail to | 50248 |
| comply with that division. | 50249 |
| (C) Whoever violates division (B) of this section is guilty | 50250 |
| of a misdemeanor in the third degree. | 50251 |
| Sec. 3315.17. (A) The board of education of each city, | 50252 |
| exempted village, local, and joint vocational school district | 50253 |
| shall establish a textbook and instructional materials fund. Each | 50254 |
| board annually shall deposit into that fund an amount derived from | 50255 |
| revenues received by the district for operating expenses that is | 50256 |
| equal to three per cent of the formula amount for the preceding | 50257 |
| fiscal year, as defined in section 3317.02 of the Revised Code, or | 50258 |
| another percentage if established by the auditor of state under | 50259 |
| division (C) of this section, multiplied by the district's student | 50260 |
| population for the preceding fiscal year. Money in the fund shall | 50261 |
| be used solely for textbooks, instructional software, and | 50262 |
| instructional materials, supplies, and equipment. Any money in the | 50263 |
| fund that is not used in any fiscal year shall carry forward to | 50264 |
| the next fiscal year. | 50265 |
| (B)(1) Notwithstanding division (A) of this section, if in a | 50266 |
| fiscal year a district board deposits in the textbook and | 50267 |
| instructional materials fund an amount of money greater than the | 50268 |
| amount required to be deposited by this section or the rules | 50269 |
| adopted under division (C) of this section, the board may deduct | 50270 |
| the excess amount of money from the amount of money required to be | 50271 |
| deposited in succeeding fiscal years. | 50272 |
| (2) Notwithstanding division (A) of this section, in any year | 50273 |
| a district is in fiscal emergency status as declared pursuant to | 50274 |
| section 3316.03 of the Revised Code, the district may deposit an | 50275 |
| amount less than required by division (A) of this section, or make | 50276 |
| no deposit, into the district textbook and instructional materials | 50277 |
| fund for that year. | 50278 |
| (3) Notwithstanding division (A) of this section, in any | 50279 |
| fiscal year that a school district is either in fiscal watch | 50280 |
| status, as declared pursuant to section 3316.03 of the Revised | 50281 |
| Code, or in fiscal caution status, as declared pursuant to section | 50282 |
| 3316.031 of the Revised Code, the district may apply to the | 50283 |
| superintendent of public instruction for a waiver from the | 50284 |
| requirements of division (A) of this section, under which the | 50285 |
| district may be permitted to deposit an amount less than required | 50286 |
| by that division or permitted to make no deposit into the district | 50287 |
| textbook and instructional materials fund for that year. The | 50288 |
| superintendent may grant a waiver under division (B)(3) of this | 50289 |
| section if the district demonstrates to the satisfaction of the | 50290 |
| superintendent that compliance with division (A) of this section | 50291 |
| that year will create an undue financial hardship on the district. | 50292 |
| (4) Notwithstanding division (A) of this section, not more | 50293 |
| often than one fiscal year in every three consecutive fiscal | 50294 |
| years, any school district that does not satisfy the conditions | 50295 |
| for the exemption described in division (B)(2) of this section or | 50296 |
| the conditions to apply for the waiver described in division | 50297 |
| (B)(3) of this section may apply to the superintendent of public | 50298 |
| instruction for a waiver from the requirements of division (A) of | 50299 |
| this section, under which the district may be permitted to deposit | 50300 |
| an amount less than required by that division or permitted to make | 50301 |
| no deposit into the district textbook and instructional materials | 50302 |
| fund for that year. The superintendent may grant a waiver under | 50303 |
| division (B)(4) of this section if the district demonstrates to | 50304 |
| the satisfaction of the superintendent that compliance with | 50305 |
| division (A) of this section that year will necessitate the | 50306 |
| reduction or elimination of a program currently offered by the | 50307 |
| district that is critical to the academic success of students of | 50308 |
| the district and that no reasonable alternatives exist for | 50309 |
| spending reductions in other areas of operation within the | 50310 |
| district that negate the necessity of the reduction or elimination | 50311 |
| of that program. | 50312 |
| (C) The state superintendent of public instruction and the | 50313 |
| auditor of state jointly shall adopt rules in accordance with | 50314 |
| Chapter 119. of the Revised Code defining what constitutes | 50315 |
| textbooks, instructional software, and instructional materials, | 50316 |
| supplies, and equipment for which money in a school district's | 50317 |
| textbook and instructional materials fund may be used. The auditor | 50318 |
| of state also may designate a percentage, other than three per | 50319 |
| cent, of the formula amount multiplied by the district's student | 50320 |
| population that must be deposited into the fund. | 50321 |
| (D) Notwithstanding division (A) of this section, a district | 50322 |
| board of education in any fiscal year may appropriate money in the | 50323 |
| district textbook and instructional materials fund for purposes | 50324 |
| other than those permitted by that division if both of the | 50325 |
| following occur during that fiscal year: | 50326 |
| (1) All of the following certify to the district board in | 50327 |
| writing that the district has sufficient textbooks, instructional | 50328 |
| software, and instructional materials, supplies, and equipment to | 50329 |
| ensure a thorough and efficient education within the district: | 50330 |
| (a) The district superintendent; | 50331 |
| (b) | 50332 |
| 50333 | |
| advisory council; | 50334 |
| (c) If the district teachers are represented by an exclusive | 50335 |
| bargaining representative for purposes of Chapter 4117. of the | 50336 |
| Revised Code, the president of that organization or the | 50337 |
| president's designee. | 50338 |
| (2) The district board adopts, by unanimous vote of all | 50339 |
| members of the board, a resolution stating that the district has | 50340 |
| sufficient textbooks, instructional software, and instructional | 50341 |
| materials, supplies, and equipment to ensure a thorough and | 50342 |
| efficient education within the district. | 50343 |
| (E) Notwithstanding any provision to the contrary in Chapter | 50344 |
| 4117. of the Revised Code, the requirements of this section | 50345 |
| prevail over any conflicting provisions of agreements between | 50346 |
| employee organizations and public employers entered into on or | 50347 |
| after November 21, 1997. | 50348 |
| (F) As used in this section and in section 3315.18 of the | 50349 |
| Revised Code, "student population" means the average, daily, | 50350 |
| full-time-equivalent number of students in kindergarten through | 50351 |
| twelfth grade receiving any educational services from the school | 50352 |
| district during the first full school week in October, excluding | 50353 |
| students enrolled in adult education classes, but including all of | 50354 |
| the following: | 50355 |
| (1) Adjacent or other district students enrolled in the | 50356 |
| district under an open enrollment policy pursuant to section | 50357 |
| 3313.98 of the Revised Code; | 50358 |
| (2) Students receiving services in the district pursuant to a | 50359 |
| compact, cooperative education agreement, or a contract, but who | 50360 |
| are entitled to attend school in another district pursuant to | 50361 |
| section 3313.64 or 3313.65 of the Revised Code; | 50362 |
| (3) Students for whom tuition is payable pursuant to sections | 50363 |
| 3317.081 and 3323.141 of the Revised Code. | 50364 |
| The department of education shall determine a district's | 50365 |
| student population using data reported to it under section 3317.03 | 50366 |
| of the Revised Code for the applicable fiscal year. | 50367 |
| Sec. 3315.37. The board of education of a school district | 50368 |
| may establish a teacher education loan program and may expend | 50369 |
| school funds for the program. The program shall be for the purpose | 50370 |
| of making loans to students who are residents of the school | 50371 |
| district or graduates of schools in the school district, who are | 50372 |
| enrolled in teacher preparation programs at institutions approved | 50373 |
|
by the | 50374 |
|
pursuant to section | 50375 |
| indicate an intent to teach in the school district providing the | 50376 |
| loan. The district board may forgive the obligation to repay any | 50377 |
| or all of the principal and interest on the loan if the borrower | 50378 |
| teaches in that school district. | 50379 |
| The district board shall adopt rules establishing eligibility | 50380 |
| criteria, application procedures, procedures for review of | 50381 |
| applications, loan amounts, interest, repayment schedules, | 50382 |
| conditions under which principal and interest obligations incurred | 50383 |
| under the program will be forgiven, and any other matter | 50384 |
| incidental to the operation of the program. | 50385 |
| The board may contract with a private, nonprofit foundation, | 50386 |
| one or more institutions of higher education, or other educational | 50387 |
| agencies to administer the program. | 50388 |
| The receipt of a loan under this section does not affect a | 50389 |
| student's eligibility for assistance, or the amount of such | 50390 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 50391 |
|
3333.22,
3333.26, | 50392 |
| Code, but the board's rules may provide for taking such assistance | 50393 |
| into consideration when determining a student's eligibility for a | 50394 |
| loan under this section. | 50395 |
| Sec. 3316.041. (A) Notwithstanding any provision of Chapter | 50396 |
| 133. or sections 3313.483 to 3313.4811 of the Revised Code, and | 50397 |
| subject to the approval of the superintendent of public | 50398 |
| instruction, a school district that is in a state of fiscal watch | 50399 |
| declared under section 3316.03 of the Revised Code may restructure | 50400 |
| or refinance loans obtained or in the process of being obtained | 50401 |
| under section 3313.483 of the Revised Code if all of the following | 50402 |
| requirements are met: | 50403 |
| (1) The operating deficit certified for the school district | 50404 |
| for the current or preceding fiscal year under section 3313.483 of | 50405 |
| the Revised Code exceeds fifteen per cent of the district's | 50406 |
| general revenue fund for the fiscal year preceding the year for | 50407 |
| which the certification of the operating deficit is made. | 50408 |
| (2) The school district voters have, during the period of the | 50409 |
| fiscal watch, approved the levy of a tax under section 718.09, | 50410 |
| 718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is | 50411 |
| not a renewal or replacement levy, or a levy under section | 50412 |
| 5705.199 of the Revised Code, and that will provide new operating | 50413 |
| revenue. | 50414 |
| (3) The board of education of the school district has adopted | 50415 |
| or amended the financial plan required by section 3316.04 of the | 50416 |
| Revised Code to reflect the restructured or refinanced loans, and | 50417 |
| sets forth the means by which the district will bring projected | 50418 |
| operating revenues and expenditures, and projected debt service | 50419 |
| obligations, into balance for the life of any such loan. | 50420 |
| (B) Subject to the approval of the superintendent of public | 50421 |
| instruction, the school district may issue securities to evidence | 50422 |
| the restructuring or refinancing authorized by this section. Such | 50423 |
| securities may extend the original period for repayment not to | 50424 |
| exceed ten years, and may alter the frequency and amount of | 50425 |
| repayments, interest or other financing charges, and other terms | 50426 |
| or agreements under which the loans were originally contracted, | 50427 |
| provided the loans received under sections 3313.483 of the Revised | 50428 |
| Code are repaid from funds the district would otherwise receive | 50429 |
|
under | 50430 |
| Code, as required under division (E)(3) of section 3313.483 of | 50431 |
| the Revised Code. Securities issued for the purpose of | 50432 |
| restructuring or refinancing under this section shall be repaid | 50433 |
| in equal payments and at equal intervals over the term of the | 50434 |
| debt and are not eligible to be included in any subsequent | 50435 |
| proposal to restructure or refinance. | 50436 |
| (C) Unless the district is declared to be in a state of | 50437 |
| fiscal emergency under division (D) of section 3316.04 of the | 50438 |
| Revised Code, a school district shall remain in a state of fiscal | 50439 |
| watch for the duration of the repayment period of any loan | 50440 |
| restructured or refinanced under this section. | 50441 |
| Sec. 3316.06. (A) Within one hundred twenty days after the | 50442 |
| first meeting of a school district financial planning and | 50443 |
| supervision commission, the commission shall adopt a financial | 50444 |
| recovery plan regarding the school district for which the | 50445 |
| commission was created. During the formulation of the plan, the | 50446 |
| commission shall seek appropriate input from the school district | 50447 |
| board and from the community. This plan shall contain the | 50448 |
| following: | 50449 |
| (1) Actions to be taken to: | 50450 |
| (a) Eliminate all fiscal emergency conditions declared to | 50451 |
| exist pursuant to division (B) of section 3316.03 of the Revised | 50452 |
| Code; | 50453 |
| (b) Satisfy any judgments, past-due accounts payable, and all | 50454 |
| past-due and payable payroll and fringe benefits; | 50455 |
| (c) Eliminate the deficits in all deficit funds, except that | 50456 |
| any prior year deficits in the textbook and instructional | 50457 |
| materials fund established pursuant to section 3315.17 of the | 50458 |
| Revised Code and the capital and maintenance fund established | 50459 |
| pursuant to section 3315.18 of the Revised Code shall be forgiven; | 50460 |
| (d) Restore to special funds any moneys from such funds that | 50461 |
| were used for purposes not within the purposes of such funds, or | 50462 |
| borrowed from such funds by the purchase of debt obligations of | 50463 |
| the school district with the moneys of such funds, or missing from | 50464 |
| the special funds and not accounted for, if any; | 50465 |
| (e) Balance the budget, avoid future deficits in any funds, | 50466 |
| and maintain on a current basis payments of payroll, fringe | 50467 |
| benefits, and all accounts; | 50468 |
| (f) Avoid any fiscal emergency condition in the future; | 50469 |
| (g) Restore the ability of the school district to market | 50470 |
| long-term general obligation bonds under provisions of law | 50471 |
| applicable to school districts generally. | 50472 |
| (2) The management structure that will enable the school | 50473 |
| district to take the actions enumerated in division (A)(1) of this | 50474 |
| section. The plan shall specify the level of fiscal and management | 50475 |
| control that the commission will exercise within the school | 50476 |
| district during the period of fiscal emergency, and shall | 50477 |
| enumerate respectively, the powers and duties of the commission | 50478 |
| and the powers and duties of the school board during that period. | 50479 |
| The commission may elect to assume any of the powers and duties of | 50480 |
| the school board it considers necessary, including all powers | 50481 |
| related to personnel, curriculum, and legal issues in order to | 50482 |
| successfully implement the actions described in division (A)(1) of | 50483 |
| this section. | 50484 |
| (3) The target dates for the commencement, progress upon, and | 50485 |
| completion of the actions enumerated in division (A)(1) of this | 50486 |
| section and a reasonable period of time expected to be required to | 50487 |
| implement the plan. The commission shall prepare a reasonable time | 50488 |
| schedule for progress toward and achievement of the requirements | 50489 |
| for the plan, and the plan shall be consistent with that time | 50490 |
| schedule. | 50491 |
| (4) The amount and purpose of any issue of debt obligations | 50492 |
| that will be issued, together with assurances that any such debt | 50493 |
| obligations that will be issued will not exceed debt limits | 50494 |
| supported by appropriate certifications by the fiscal officer of | 50495 |
| the school district and the county auditor. Debt obligations | 50496 |
| issued pursuant to section 133.301 of the Revised Code shall | 50497 |
| include assurances that such debt shall be in an amount not to | 50498 |
| exceed the amount certified under division (B) of such section. If | 50499 |
| the commission considers it necessary in order to maintain or | 50500 |
| improve educational opportunities of pupils in the school | 50501 |
| district, the plan may include a proposal to restructure or | 50502 |
| refinance outstanding debt obligations incurred by the board under | 50503 |
| section 3313.483 of the Revised Code contingent upon the approval, | 50504 |
| during the period of the fiscal emergency, by district voters of a | 50505 |
| tax levied under section 718.09, 718.10, 5705.194, 5705.21, | 50506 |
| 5748.02, or 5748.08 of the Revised Code that is not a renewal or | 50507 |
| replacement levy, or a levy under section 5705.199 of the Revised | 50508 |
| Code, and that will provide new operating revenue. Notwithstanding | 50509 |
| any provision of Chapter 133. or sections 3313.483 to 3313.4811 of | 50510 |
| the Revised Code, following the required approval of the district | 50511 |
| voters and with the approval of the commission, the school | 50512 |
| district may issue securities to evidence the restructuring or | 50513 |
| refinancing. Those securities may extend the original period for | 50514 |
| repayment, not to exceed ten years, and may alter the frequency | 50515 |
| and amount of repayments, interest or other financing charges, and | 50516 |
| other terms of agreements under which the debt originally was | 50517 |
| contracted, at the discretion of the commission, provided that any | 50518 |
| loans received pursuant to section 3313.483 of the Revised Code | 50519 |
| shall be paid from funds the district would otherwise receive | 50520 |
|
under | 50521 |
| Code, as required under division (E)(3) of section 3313.483 of | 50522 |
| the Revised Code. The securities issued for the purpose of | 50523 |
| restructuring or refinancing the debt shall be repaid in equal | 50524 |
| payments and at equal intervals over the term of the debt and are | 50525 |
| not eligible to be included in any subsequent proposal for the | 50526 |
| purpose of restructuring or refinancing debt under this section. | 50527 |
| (B) Any financial recovery plan may be amended subsequent to | 50528 |
| its adoption. Each financial recovery plan shall be updated | 50529 |
| annually. | 50530 |
| (C) Each school district financial planning and supervision | 50531 |
| commission shall submit the financial recovery plan it adopts or | 50532 |
| updates under this section to the state superintendent of public | 50533 |
| instruction for approval immediately following its adoption or | 50534 |
| updating. The state superintendent shall evaluate the plan and | 50535 |
| either approve or disapprove it within thirty calendar days from | 50536 |
| the date of its submission. If the plan is disapproved, the state | 50537 |
| superintendent shall recommend modifications that will render it | 50538 |
| acceptable. No financial planning and supervision commission shall | 50539 |
| implement a financial recovery plan that is adopted or updated on | 50540 |
| or after April 10, 2001, unless the state superintendent has | 50541 |
| approved it. | 50542 |
| Sec. 3316.20. (A)(1) The school district solvency assistance | 50543 |
| fund is hereby created in the state treasury, to consist of such | 50544 |
| amounts designated for the purposes of the fund by the general | 50545 |
| assembly. The fund shall be used to provide assistance and grants | 50546 |
| to school districts to enable them to remain solvent and to pay | 50547 |
| 50548 | |
| nature that they are unable to pay from existing resources. | 50549 |
| (2) There is hereby created within the fund an account known | 50550 |
| as the school district shared resource account, which shall | 50551 |
| consist of money appropriated to it by the general assembly. The | 50552 |
| money in the account shall be used solely for solvency assistance | 50553 |
| to school districts that have been declared under division (B) of | 50554 |
| section 3316.03 of the Revised Code to be in a state of fiscal | 50555 |
| emergency. | 50556 |
| (3) There is hereby created within the fund an account known | 50557 |
| as the catastrophic expenditures account, which shall consist of | 50558 |
| money appropriated to the account by the general assembly plus all | 50559 |
| investment earnings of the fund. Money in the account shall be | 50560 |
| used solely for the following: | 50561 |
| (a) Solvency assistance to school districts that have been | 50562 |
| declared under division (B) of section 3316.03 of the Revised Code | 50563 |
| to be in a state of fiscal emergency, in the event that all money | 50564 |
| in the shared resource account is utilized for solvency | 50565 |
| assistance; | 50566 |
| (b) Grants to school districts under division (C) of this | 50567 |
| section. | 50568 |
| (B) Solvency assistance payments under division (A)(2) or | 50569 |
| (3)(a) of this section shall be made from the fund by the | 50570 |
| superintendent of public instruction in accordance with rules | 50571 |
| adopted by the director of budget and management, after | 50572 |
| consulting with the superintendent, specifying approval criteria | 50573 |
| and procedures necessary for administering the fund. | 50574 |
| The fund shall be reimbursed for any solvency assistance | 50575 |
| amounts paid under division (A)(2) or (3)(a) of this section not | 50576 |
| later than the end of the second fiscal year following the fiscal | 50577 |
| year in which the solvency assistance payment was made. If not | 50578 |
| made directly by the school district, such reimbursement shall be | 50579 |
| made by the director of budget and management from the amounts the | 50580 |
|
school district would otherwise receive
pursuant to | 50581 |
| 50582 | |
| any other funds appropriated for the district by the general | 50583 |
| assembly. Reimbursements shall be credited to the respective | 50584 |
| account from which the solvency assistance paid to the district | 50585 |
| was deducted. | 50586 |
| (C) The superintendent of public instruction may make | 50587 |
| recommendations, and the controlling board may grant money from | 50588 |
| the catastrophic expenditures account to any school district that | 50589 |
| suffers an unforeseen catastrophic event that severely depletes | 50590 |
| the district's financial resources. The superintendent shall make | 50591 |
| recommendations for the grants in accordance with rules adopted by | 50592 |
| the director of budget and management, after consulting with the | 50593 |
| superintendent. A school district shall not be required to repay | 50594 |
| any grant awarded to the district under this division, unless the | 50595 |
| district receives money from this state or a third party, | 50596 |
| including an agency of the government of the United States, | 50597 |
| specifically for the purpose of compensating the district for | 50598 |
| revenue lost or expenses incurred as a result of the unforeseen | 50599 |
| catastrophic event. If a school district receives a grant from the | 50600 |
| catastrophic expenditures account on the basis of the same | 50601 |
| circumstances for which an adjustment or recomputation is | 50602 |
| authorized under section 3317.025, 3317.026, 3317.027, 3317.028, | 50603 |
| 3317.0210, or 3317.0211 of the Revised Code, the department of | 50604 |
| education shall reduce the adjustment or recomputation by an | 50605 |
| amount not to exceed the total amount of the grant, and an amount | 50606 |
| equal to the reduction shall be transferred, from the funding | 50607 |
| source from which the adjustment or recomputation would be paid, | 50608 |
| to the catastrophic expenditures account. Any adjustment or | 50609 |
| recomputation under such sections that is in excess of the total | 50610 |
| amount of the grant shall be paid to the school district. | 50611 |
| Sec. 3317.01. As used in this section and section 3317.011 | 50612 |
| of the Revised Code, "school district," unless otherwise | 50613 |
| specified, means any city, local, exempted village, joint | 50614 |
| vocational, or cooperative education school district and any | 50615 |
| educational service center. | 50616 |
| This chapter shall be administered by the state board of | 50617 |
| education. The superintendent of public instruction shall | 50618 |
| calculate the amounts payable to each school district and shall | 50619 |
| certify the amounts payable to each eligible district to the | 50620 |
| treasurer of the district as provided by this chapter. As soon as | 50621 |
| possible after such amounts are calculated, the superintendent | 50622 |
| shall certify to the treasurer of each school district the | 50623 |
| district's adjusted charge-off increase, as defined in section | 50624 |
| 5705.211 of the Revised Code. No moneys shall be distributed | 50625 |
| pursuant to this chapter without the approval of the controlling | 50626 |
| board. | 50627 |
| The state board of education shall, in accordance with | 50628 |
| appropriations made by the general assembly, meet the financial | 50629 |
| obligations of this chapter. | 50630 |
| | 50631 |
| 50632 | |
| 50633 | |
| 50634 | |
| 50635 | |
| 50636 | |
| 50637 | |
| 50638 | |
| 50639 | |
| 50640 |
| | 50641 |
| 50642 | |
| 50643 | |
| 50644 | |
| 50645 | |
| 50646 | |
| 50647 | |
| 50648 |
| Moneys distributed pursuant to this chapter shall be | 50649 |
| calculated and paid on a fiscal year basis, beginning with the | 50650 |
| first day of July and extending through the thirtieth day of June. | 50651 |
| The moneys appropriated for each fiscal year shall be distributed | 50652 |
| 50653 | |
| otherwise provided for. The state board shall submit a yearly | 50654 |
| distribution plan to the controlling board at its first meeting in | 50655 |
| July. The state board shall submit any proposed midyear revision | 50656 |
| of the plan to the controlling board in January. Any year-end | 50657 |
| revision of the plan shall be submitted to the controlling board | 50658 |
| in June. If moneys appropriated for each fiscal year are | 50659 |
| distributed other than monthly, such distribution shall be on the | 50660 |
| same basis for each school district. | 50661 |
| | 50662 |
| 50663 | |
| 50664 |
| | 50665 |
| 50666 | |
| 50667 | |
| 50668 | |
| 50669 | |
| 50670 | |
| 50671 | |
| 50672 | |
| 50673 |
| | 50674 |
| 50675 | |
| 50676 | |
| 50677 | |
| 50678 | |
| 50679 | |
| 50680 | |
| 50681 |
| 50682 | |
| 50683 | |
| 50684 | |
| 50685 | |
| 50686 | |
| Except as otherwise provided, payments under this chapter | 50687 |
| shall be made only to those school districts in which: | 50688 |
| (A) The school district, except for any educational service | 50689 |
| center and any joint vocational or cooperative education school | 50690 |
| district, levies for current operating expenses at least twenty | 50691 |
| mills. Levies for joint vocational or cooperative education | 50692 |
| school districts or county school financing districts, limited to | 50693 |
| or to the extent apportioned to current expenses, shall be | 50694 |
| included in this qualification requirement. School district income | 50695 |
| tax levies under Chapter 5748. of the Revised Code, limited to or | 50696 |
| to the extent apportioned to current operating expenses, shall be | 50697 |
| included in this qualification requirement to the extent | 50698 |
| determined by the tax commissioner under division (D) of section | 50699 |
| 3317.021 of the Revised Code. | 50700 |
| (B) The | 50701 |
| for which such payments are authorized meets the requirement of | 50702 |
| section 3313.48 or 3313.481 of the Revised Code, with regard to | 50703 |
| the minimum number of days or hours school must be open for | 50704 |
| instruction with pupils in attendance, for individualized | 50705 |
| parent-teacher conference and reporting periods, and for | 50706 |
|
professional meetings of teachers. | 50707 |
| 50708 | |
| waive a number of days on which it had been necessary for a school | 50709 |
| to be closed because of disease epidemic, hazardous weather | 50710 |
| conditions, inoperability of school buses or other equipment | 50711 |
| necessary to the school's operation, damage to a school building, | 50712 |
| or other temporary circumstances due to utility failure rendering | 50713 |
|
the
school building unfit for school use | 50714 |
| 50715 | |
| 50716 | |
| 50717 | |
| 50718 | |
| 50719 | |
| 50720 | |
| 50721 | |
| 50722 | |
| 50723 | |
| 50724 | |
| 50725 | |
| 50726 | |
| 50727 | |
| 50728 |
| (1) In determining eligibility for payments under this | 50729 |
| chapter for fiscal years prior to fiscal year 2011, up to five | 50730 |
| days for the preceding learning year; | 50731 |
| (2) In determining eligibility for payments under this | 50732 |
| chapter for fiscal year 2011, up to three days for the 2009-2010 | 50733 |
| learning year; | 50734 |
| (3) In determining eligibility for payments under this | 50735 |
| chapter for fiscal year 2012 and thereafter, up to one day for the | 50736 |
| preceding learning year. | 50737 |
| The state board shall adopt standards for the superintendent | 50738 |
| to apply in determining the waiver of days or hours for schools | 50739 |
| operating under section 3313.481 of the Revised Code. | 50740 |
| A school district shall not be considered to have failed to | 50741 |
| comply with this division or section 3313.481 of the Revised Code | 50742 |
| because schools were open for instruction but either twelfth grade | 50743 |
| students were excused from attendance for up to three days or only | 50744 |
| a portion of the kindergarten students were in attendance for up | 50745 |
| to three days in order to allow for the gradual orientation to | 50746 |
| school of such students. | 50747 |
| The superintendent of public instruction shall waive the | 50748 |
| requirements of this section with reference to the minimum number | 50749 |
| of days or hours school must be in session with pupils in | 50750 |
|
attendance for the | 50751 |
| learning year in which a board of education initiates a plan of | 50752 |
| operation pursuant to section 3313.481 of the Revised Code. The | 50753 |
| minimum requirements of this section shall again be applicable to | 50754 |
|
such a
district
beginning with the | 50755 |
| the second July succeeding the initiation of one such plan, and | 50756 |
| for each school year thereafter. | 50757 |
| A school district shall not be considered to have failed to | 50758 |
| comply with this division or section 3313.48 or 3313.481 of the | 50759 |
| Revised Code because schools were open for instruction but the | 50760 |
|
length of the regularly scheduled
| 50761 |
|
number of
days during the | 50762 |
| more than two hours due to hazardous weather conditions. | 50763 |
| (C) The school district has on file, and is paying in | 50764 |
| accordance with, a teachers' salary schedule which complies with | 50765 |
| section 3317.13 of the Revised Code. | 50766 |
| A board of education or governing board of an educational | 50767 |
| service center which has not conformed with other law and the | 50768 |
| rules pursuant thereto, shall not participate in the distribution | 50769 |
| of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 50770 |
| 3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 50771 |
| and sufficient reason established to the satisfaction of the state | 50772 |
| board of education and the state controlling board. | 50773 |
| All funds allocated to school districts under this chapter, | 50774 |
| except those specifically allocated for other purposes, shall be | 50775 |
| used to pay current operating expenses only. | 50776 |
| Sec. 3317.011. On or before the | 50777 |
| each month, the department of education shall certify to the | 50778 |
| director of budget and management for payment, for each county: | 50779 |
| (A)(1) That portion of the allocation of money under sections | 50780 |
| 3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, and 3317.19 of | 50781 |
| the Revised Code that is required to be paid in that month to each | 50782 |
| school district located wholly within the county subsequent to the | 50783 |
| deductions described in division (A)(2) of this section; and | 50784 |
| (2) The amounts deducted from such allocation under sections | 50785 |
| 3307.31 and 3309.51 of the Revised Code for payment directly to | 50786 |
| the school employees and state teachers retirement systems under | 50787 |
| such sections. | 50788 |
| (B) If the district is located in more than one county, an | 50789 |
| apportionment of the amounts that would otherwise be certified | 50790 |
| under division (A) of this section. The amounts apportioned to the | 50791 |
| county shall equal the amounts certified under division (A) of | 50792 |
| this section times the percentage of the district's resident | 50793 |
| pupils who reside both in the district and in the county, based on | 50794 |
| the average daily membership reported under division (A) of | 50795 |
| section 3317.03 of the Revised Code in October of the prior fiscal | 50796 |
| year. | 50797 |
| Sec. 3317.018. (A) The department of education shall make no | 50798 |
| calculations or payments under Chapter 3317. of the Revised Code | 50799 |
| for any fiscal year after fiscal year 2009 except as prescribed in | 50800 |
| this section. | 50801 |
| (B) School districts shall report student enrollment data as | 50802 |
| prescribed by section 3317.03 of the Revised Code, which data the | 50803 |
| department shall use to make payments under Chapters 3306. and | 50804 |
| 3317. of the Revised Code. | 50805 |
| (C) The tax commissioner shall report data regarding tax | 50806 |
| valuation and receipts for school districts as prescribed by | 50807 |
| sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027, | 50808 |
| 3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of | 50809 |
| section 3317.02 of the Revised Code, which data the department | 50810 |
| shall use to make payments under Chapters 3306. and 3317. of the | 50811 |
| Revised Code. | 50812 |
| (D) Unless otherwise specified by another provision of law, | 50813 |
| in addition to the payments prescribed by Chapter 3306. of the | 50814 |
| Revised Code, the department shall continue to make payments to or | 50815 |
| adjustments for school districts in fiscal years after fiscal year | 50816 |
| 2009 under the following provisions of Chapter 3317. of the | 50817 |
| Revised Code: | 50818 |
| (1) The catastrophic cost reimbursement under division (C)(3) | 50819 |
| of section 3317.022 of the Revised Code. No other payments shall | 50820 |
| be made under that section. | 50821 |
| (2) All payments or adjustments under section 3317.023 of the | 50822 |
| Revised Code, except no payments or adjustments shall be made | 50823 |
| under divisions (B), (C), and (D) of that section. | 50824 |
| (3) All payments or adjustments under section 3317.024 of the | 50825 |
| Revised Code, except no payments or adjustments shall be made | 50826 |
| under divisions (F), (L), and (N) of that section. | 50827 |
| (4) All payments and adjustments under sections 3317.025, | 50828 |
| 3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the | 50829 |
| Revised Code; | 50830 |
| (5) Payments under section 3317.04 of the Revised Code; | 50831 |
| (6) Unit payments under sections 3317.05, 3317.051, 3317.052, | 50832 |
| and 3317.053 of the Revised Code, except that no units for gifted | 50833 |
| funding are authorized after fiscal year 2009. | 50834 |
| (7) Payments under sections 3317.06, 3317.063, and 3317.064 | 50835 |
| of the Revised Code; | 50836 |
| (8) Payments under section 3317.07 of the Revised Code; | 50837 |
| (9) Payments to educational service centers under section | 50838 |
| 3317.11 of the Revised Code; | 50839 |
| (10) The catastrophic cost reimbursement under division (E) | 50840 |
| of section 3317.16 of the Revised Code and excess cost | 50841 |
| reimbursements under division (G) of that section. No other | 50842 |
| payments shall be made under that section; | 50843 |
| (11) Payments under section 3317.17 of the Revised Code; | 50844 |
| (12) Adjustments under section 3317.18 of the Revised Code; | 50845 |
| (13) Payments to cooperative education school districts under | 50846 |
| section 3317.19 of the Revised Code; | 50847 |
| (14) Payments to county MR/DD boards under section 3317.20 of | 50848 |
| the Revised Code; | 50849 |
| (15) Payments to state institutions for weighted special | 50850 |
| education funding under section 3317.201 of the Revised Code. | 50851 |
| (E) Sections 3317.016 and 3317.017 shall not apply to fiscal | 50852 |
| years after fiscal year 2009. | 50853 |
| (F) This section does not affect the provisions of sections | 50854 |
| 3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08, | 50855 |
| 3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15, | 50856 |
| 3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised | 50857 |
| Code. | 50858 |
| Sec. 3317.02. As used in this chapter: | 50859 |
| (A) Unless otherwise specified, "school district" means city, | 50860 |
| local, and exempted village school districts. | 50861 |
| (B)
"Formula amount" means | 50862 |
| 50863 | |
| 50864 | |
| 2011. | 50865 |
| (C) "FTE basis" means a count of students based on full-time | 50866 |
| equivalency, in accordance with rules adopted by the department of | 50867 |
| education pursuant to section 3317.03 of the Revised Code. In | 50868 |
| adopting its rules under this division, the department shall | 50869 |
| provide for counting any student in category one, two, three, | 50870 |
| four, five, or six special education ADM or in category one or two | 50871 |
| vocational education ADM in the same proportion the student is | 50872 |
| counted in formula ADM. | 50873 |
| (D) "Formula ADM" means, for a city, local, or exempted | 50874 |
| village school district, the final number verified by the | 50875 |
| superintendent of public instruction, based on the number reported | 50876 |
| pursuant to division (A) of section 3317.03 of the Revised Code, | 50877 |
| 50878 | |
| "formula ADM" as defined in section 3306.02 of the Revised Code. | 50879 |
| "Formula ADM" means, for a joint vocational school district, the | 50880 |
| final number verified by the superintendent of public | 50881 |
| instruction, based on the number reported pursuant to division (D) | 50882 |
| of section 3317.03 of the Revised Code, as adjusted, if so | 50883 |
|
ordered, under division (K) of that section. | 50884 |
| 50885 | |
| 50886 | |
| 50887 | |
| 50888 | |
| 50889 | |
| 50890 | |
| adjustments for a city, exempted village, local, or joint | 50891 |
| vocational school district under this chapter or under Chapter | 50892 |
| 3306. of the Revised Code, calculations required under Chapter | 50893 |
| 3318. of the Revised Code, or adjustments required under Chapter | 50894 |
| 3365. of the Revised Code, the department of education shall use | 50895 |
| the district's formula ADM as reported and verified under section | 50896 |
| 3317.03 of the Revised Code for the previous fiscal year, unless | 50897 |
| the district's formula ADM as so reported and verified for the | 50898 |
| current fiscal year is at least two per cent greater than the | 50899 |
| formula ADM reported for the previous fiscal year, in which case | 50900 |
| the department shall use the district's formula ADM for the | 50901 |
| current fiscal year. | 50902 |
| (E) "Three-year average formula ADM" means the average of | 50903 |
| formula ADMs for the preceding three fiscal years. | 50904 |
| (F)(1) "Category one special education ADM" means the average | 50905 |
| daily membership of children with disabilities receiving special | 50906 |
| education services for the disability specified in division | 50907 |
| 50908 | |
| reported under division (B)(5) or (D)(2)(b) of section 3317.03 of | 50909 |
|
the
Revised
Code. | 50910 |
| 50911 | |
| 50912 | |
| 50913 | |
| 50914 |
| (2) "Category two special education ADM" means the average | 50915 |
| daily membership of children with disabilities receiving special | 50916 |
| education services for those disabilities specified in division | 50917 |
| 50918 | |
| reported under division (B)(6) or (D)(2)(c) of section 3317.03 of | 50919 |
|
the Revised
Code. | 50920 |
| 50921 | |
| 50922 | |
| 50923 | |
| 50924 |
| (3) "Category three special education ADM" means the average | 50925 |
| daily membership of students receiving special education services | 50926 |
|
for
those disabilities specified in division | 50927 |
| 50928 | |
| (B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code. | 50929 |
| 50930 | |
| 50931 | |
| 50932 | |
| 50933 | |
| 50934 |
| (4) "Category four special education ADM" means the average | 50935 |
| daily membership of students receiving special education services | 50936 |
| for those disabilities specified in division (D)(4) of section | 50937 |
| 50938 | |
| (B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code. | 50939 |
| 50940 | |
| 50941 | |
| 50942 | |
| 50943 | |
| 50944 |
| (5) "Category five special education ADM" means the average | 50945 |
| daily membership of students receiving special education services | 50946 |
|
for the disabilities specified in division | 50947 |
| 50948 | |
| (B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code. | 50949 |
| 50950 | |
| 50951 | |
| 50952 | |
| 50953 | |
| 50954 |
| (6) "Category six special education ADM" means the average | 50955 |
| daily membership of students receiving special education services | 50956 |
|
for the disabilities specified in division | 50957 |
| 50958 | |
| (B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code. | 50959 |
| 50960 | |
| 50961 | |
| 50962 | |
| 50963 | |
| 50964 |
| (7) "Category one vocational education ADM" means the average | 50965 |
| daily membership of students receiving vocational education | 50966 |
| services described in division (A) of section 3317.014 of the | 50967 |
| Revised Code and reported under division (B)(11) or (D)(2)(h) of | 50968 |
|
section 3317.03 of the Revised Code. | 50969 |
| 50970 | |
| 50971 | |
| 50972 | |
| 50973 |
| (8) "Category two vocational education ADM" means the average | 50974 |
| daily membership of students receiving vocational education | 50975 |
| services described in division (B) of section 3317.014 of the | 50976 |
| Revised Code and reported under division (B)(12) or (D)(2)(i) of | 50977 |
|
section
3317.03 of the Revised Code. | 50978 |
| 50979 | |
| 50980 | |
| 50981 | |
| 50982 |
| (G) "Preschool child with a disability" means a child with | 50983 |
| a disability, as defined in section 3323.01 of the Revised Code, | 50984 |
| who is at least age three but is not of compulsory school age, as | 50985 |
| defined in section 3321.01 of the Revised Code, and who is not | 50986 |
| currently enrolled in kindergarten. | 50987 |
| (H) "County MR/DD board" means a county board of mental | 50988 |
| retardation and developmental disabilities. | 50989 |
| (I) "Recognized valuation" means the amount calculated for a | 50990 |
| school district pursuant to section 3317.015 of the Revised Code. | 50991 |
| (J) "Transportation ADM" means the number of children | 50992 |
| reported under division (B)(13) of section 3317.03 of the Revised | 50993 |
| Code. | 50994 |
| (K) "Average efficient transportation use cost per student" | 50995 |
| means a statistical representation of transportation costs as | 50996 |
| calculated under division (D)(2) of section 3317.022 of the | 50997 |
| Revised Code. | 50998 |
| (L) "Taxes charged and payable" means the taxes charged and | 50999 |
| payable against real and public utility property after making the | 51000 |
| reduction required by section 319.301 of the Revised Code, plus | 51001 |
| the taxes levied against tangible personal property. | 51002 |
| (M) "Total taxable value" means the sum of the amounts | 51003 |
| certified for a city, local, exempted village, or joint vocational | 51004 |
| school district under divisions (A)(1) and (2) of section 3317.021 | 51005 |
| of the Revised Code. | 51006 |
| (N) "Tax exempt value" of a school district means the amount | 51007 |
| certified for a school district under division (A)(4) of section | 51008 |
| 3317.021 of the Revised Code. | 51009 |
| (O) "Potential value" of a school district means the | 51010 |
| recognized valuation of a school district plus the tax exempt | 51011 |
| value of the district. | 51012 |
| (P) "District median income" means the median Ohio adjusted | 51013 |
| gross income certified for a school district. On or before the | 51014 |
| first day of July of each year, the tax commissioner shall | 51015 |
| certify to the department of education and the office of budget | 51016 |
| and management for each city, exempted village, and local school | 51017 |
| district the median Ohio adjusted gross income of the residents | 51018 |
| of the school district determined on the basis of tax returns | 51019 |
| filed for the second preceding tax year by the residents of the | 51020 |
| district. | 51021 |
| (Q) "Statewide median income" means the median district | 51022 |
| median income of all city, exempted village, and local school | 51023 |
| districts in the state. | 51024 |
| (R) "Income factor" for a city, exempted village, or local | 51025 |
| school district means the quotient obtained by dividing that | 51026 |
| district's median income by the statewide median income. | 51027 |
| (S) "Medically fragile child" means a child to whom all of | 51028 |
| the following apply: | 51029 |
| (1) The child requires the services of a doctor of medicine | 51030 |
| or osteopathic medicine at least once a week due to the | 51031 |
| instability of the child's medical condition. | 51032 |
| (2) The child requires the services of a registered nurse on | 51033 |
| a daily basis. | 51034 |
| (3) The child is at risk of institutionalization in a | 51035 |
| hospital, skilled nursing facility, or intermediate care facility | 51036 |
| for the mentally retarded. | 51037 |
| (T) A child may be identified as having an "other health | 51038 |
| impairment-major" if the child's condition meets the definition | 51039 |
| of "other health impaired" established in rules adopted by the | 51040 |
| state board of education prior to July 1, 2001, and if either of | 51041 |
| the following apply: | 51042 |
| (1) The child is identified as having a medical condition | 51043 |
| that is among those listed by the superintendent of public | 51044 |
| instruction as conditions where a substantial majority of cases | 51045 |
| fall within the definition of "medically fragile child." The | 51046 |
| superintendent of public instruction shall issue an initial list | 51047 |
| no later than September 1, 2001. | 51048 |
| (2) The child is determined by the superintendent of public | 51049 |
| instruction to be a medically fragile child. A school district | 51050 |
| superintendent may petition the superintendent of public | 51051 |
| instruction for a determination that a child is a medically | 51052 |
| fragile child. | 51053 |
| (U) A child may be identified as having an "other health | 51054 |
| impairment-minor" if the child's condition meets the definition | 51055 |
| of "other health impaired" established in rules adopted by the | 51056 |
| state board of education prior to July 1, 2001, but the child's | 51057 |
| condition does not meet either of the conditions specified in | 51058 |
| division (T)(1) or (2) of this section. | 51059 |
| (V) "State education aid" has the same meaning as in section | 51060 |
| 5751.20 of the Revised Code. | 51061 |
| (W) "Property exemption value" means zero in fiscal year | 51062 |
| 2006, and in fiscal year 2007 and each fiscal year thereafter, the | 51063 |
| amount certified for a school district under divisions (A)(6) and | 51064 |
| (7) of section 3317.021 of the Revised Code. | 51065 |
| (X) "Internet- or computer-based community school" has the | 51066 |
| same meaning as in section 3314.02 of the Revised Code. | 51067 |
| (Y) "State share percentage" has the same meaning as in | 51068 |
| section 3306.02 of the Revised Code. | 51069 |
| Sec. 3317.021. | 51070 |
| section shall be used to calculate payments under this chapter and | 51071 |
| Chapter 3306. of the Revised Code. | 51072 |
| (A) On or before the first day of June of each year, the tax | 51073 |
| commissioner shall certify to the department of education and the | 51074 |
| office of budget and management the information described in | 51075 |
|
divisions (A)(1) to | 51076 |
| exempted village, and local school district, and the information | 51077 |
| required by divisions (A)(1) and (2) of this section for each | 51078 |
| joint vocational school district, and it shall be used, along | 51079 |
| with the information certified under division (B) of this | 51080 |
| section, in making the computations for the district under | 51081 |
| 51082 | |
| this chapter and Chapter 3306. of the Revised Code. | 51083 |
| (1) The taxable value of real and public utility real | 51084 |
| property in the school district subject to taxation in the | 51085 |
| preceding tax year, by class and by county of location. | 51086 |
| (2) The taxable value of tangible personal property, | 51087 |
| including public utility personal property, subject to taxation by | 51088 |
| the district for the preceding tax year. | 51089 |
| (3)(a) The total property tax rate and total taxes charged | 51090 |
| and payable for the current expenses for the preceding tax year | 51091 |
| and the total property tax rate and the total taxes charged and | 51092 |
| payable to a joint vocational district for the preceding tax year | 51093 |
| that are limited to or to the extent apportioned to current | 51094 |
| expenses. | 51095 |
| (b) The portion of the amount of taxes charged and payable | 51096 |
| reported for each city, local, and exempted village school | 51097 |
| district under division (A)(3)(a) of this section attributable to | 51098 |
| a joint vocational school district. | 51099 |
| (4) The value of all real and public utility real property | 51100 |
| in the school district exempted from taxation minus both of the | 51101 |
| following: | 51102 |
| (a) The value of real and public utility real property in the | 51103 |
| district owned by the United States government and used | 51104 |
| exclusively for a public purpose; | 51105 |
| (b) The value of real and public utility real property in the | 51106 |
| district exempted from taxation under Chapter 725. or 1728. or | 51107 |
| section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 51108 |
| 5709.73, or 5709.78 of the Revised Code. | 51109 |
| (5) The total federal adjusted gross income of the residents | 51110 |
| of the school district, based on tax returns filed by the | 51111 |
| residents of the district, for the most recent year for which this | 51112 |
| information is available. | 51113 |
| (6) The sum of the school district compensation value as | 51114 |
| indicated on the list of exempted property for the preceding tax | 51115 |
| year under section 5713.08 of the Revised Code as if such property | 51116 |
| had been assessed for taxation that year and the other | 51117 |
| compensation value for the school district, minus the amounts | 51118 |
| described in divisions (A)(6)(c) to (i) of this section. The | 51119 |
| portion of school district compensation value or other | 51120 |
| compensation value attributable to an incentive district exemption | 51121 |
| may be subtracted only once even if that incentive district | 51122 |
| satisfies more than one of the criteria in divisions (A)(6)(c) to | 51123 |
| (i) of this section. | 51124 |
| (a) "School district compensation value" means the aggregate | 51125 |
| value of real property in the school district exempted from | 51126 |
| taxation pursuant to an ordinance or resolution adopted under | 51127 |
| division (C) of section 5709.40, division (C) of section 5709.73, | 51128 |
| or division (B) of section 5709.78 of the Revised Code to the | 51129 |
| extent that the exempted value results in the charging of payments | 51130 |
| in lieu of taxes required to be paid to the school district under | 51131 |
| division (D)(1) or (2) of section 5709.40, division (D) of section | 51132 |
| 5709.73, or division (C) of section 5709.78 of the Revised Code. | 51133 |
| (b) "Other compensation value" means the quotient that | 51134 |
| results from dividing (i) the dollar value of compensation | 51135 |
| received by the school district during the preceding tax year | 51136 |
| pursuant to division (B), (C), or (D) of section 5709.82 of the | 51137 |
| Revised Code and the amounts received pursuant to an agreement as | 51138 |
| specified in division (D)(2) of section 5709.40, division (D) of | 51139 |
| section 5709.73, or division (C) of section 5709.78 of the Revised | 51140 |
| Code to the extent those amounts were not previously reported or | 51141 |
| included in division (A)(6)(a) of this section, and so that any | 51142 |
| such amount is reported only once under division (A)(6)(b) of this | 51143 |
| section, in relation to exemptions from taxation granted pursuant | 51144 |
| to an ordinance or resolution adopted under division (C) of | 51145 |
| section 5709.40, division (C) of section 5709.73, or division (B) | 51146 |
| of section 5709.78 of the Revised Code, by (ii) the real property | 51147 |
| tax rate in effect for the preceding tax year for | 51148 |
| nonresidential/agricultural real property after making the | 51149 |
| reductions required by section 319.301 of the Revised Code. | 51150 |
| (c) The portion of school district compensation value or | 51151 |
| other compensation value that was exempted from taxation pursuant | 51152 |
| to such an ordinance or resolution for the preceding tax year, if | 51153 |
| the ordinance or resolution is adopted prior to January 1, 2006, | 51154 |
| and the legislative authority or board of township trustees or | 51155 |
| county commissioners, prior to January 1, 2006, executes a | 51156 |
| contract or agreement with a developer, whether for-profit or | 51157 |
| not-for-profit, with respect to the development of a project | 51158 |
| undertaken or to be undertaken and identified in the ordinance or | 51159 |
| resolution, and upon which parcels such project is being, or will | 51160 |
| be, undertaken; | 51161 |
| (d) The portion of school district compensation value that | 51162 |
| was exempted from taxation for the preceding tax year and for | 51163 |
| which payments in lieu of taxes for the preceding tax year were | 51164 |
| provided to the school district under division (D)(1) of section | 51165 |
| 5709.40 of the Revised Code. | 51166 |
| (e) The portion of school district compensation value that | 51167 |
| was exempted from taxation for the preceding tax year pursuant to | 51168 |
| such an ordinance or resolution, if and to the extent that, on or | 51169 |
| before April 1, 2006, the fiscal officer of the municipal | 51170 |
| corporation that adopted the ordinance, or of the township or | 51171 |
| county that adopted the resolution, certifies and provides | 51172 |
| appropriate supporting documentation to the tax commissioner and | 51173 |
| the director of development that, based on hold-harmless | 51174 |
| provisions in any agreement between the school district and the | 51175 |
| legislative authority of the municipal corporation, board of | 51176 |
| township trustees, or board of county commissioners that was | 51177 |
| entered into on or before June 1, 2005, the ability or obligation | 51178 |
| of the municipal corporation, township, or county to repay bonds, | 51179 |
| notes, or other financial obligations issued or entered into prior | 51180 |
| to January 1, 2006, will be impaired, including obligations to or | 51181 |
| of any other body corporate and politic with whom the legislative | 51182 |
| authority of the municipal corporation or board of township | 51183 |
| trustees or county commissioners has entered into an agreement | 51184 |
| pertaining to the use of service payments derived from the | 51185 |
| improvements exempted; | 51186 |
| (f) The portion of school district compensation value that | 51187 |
| was exempted from taxation for the preceding tax year pursuant to | 51188 |
| such an ordinance or resolution, if the ordinance or resolution is | 51189 |
| adopted prior to January 1, 2006, in a municipal corporation with | 51190 |
| a population that exceeds one hundred thousand, as shown by the | 51191 |
| most recent federal decennial census, that includes a major | 51192 |
| employment center and that is adjacent to historically distressed | 51193 |
| neighborhoods, if the legislative authority of the municipal | 51194 |
| corporation that exempted the property prepares an economic | 51195 |
| analysis that demonstrates that all taxes generated within the | 51196 |
| incentive district accruing to the state by reason of improvements | 51197 |
| constructed within the district during its existence exceed the | 51198 |
| amount the state pays the school district under section 3317.022 | 51199 |
| of the Revised Code attributable to such property exemption from | 51200 |
| the school district's recognized valuation. The analysis shall be | 51201 |
| submitted to and approved by the department of development prior | 51202 |
| to January 1, 2006, and the department shall not unreasonably | 51203 |
| withhold approval. | 51204 |
| (g) The portion of school district compensation value that | 51205 |
| was exempted from taxation for the preceding tax year under such | 51206 |
| an ordinance or resolution, if the ordinance or resolution is | 51207 |
| adopted prior to January 1, 2006, and if service payments have | 51208 |
| been pledged to be used for mixed-use riverfront entertainment | 51209 |
| development in any county with a population that exceeds six | 51210 |
| hundred thousand, as shown by the most recent federal decennial | 51211 |
| census; | 51212 |
| (h) The portion of school district compensation value that | 51213 |
| was exempted from taxation for the preceding tax year under such | 51214 |
| an ordinance or resolution, if, prior to January 1, 2006, the | 51215 |
| legislative authority of a municipal corporation, board of | 51216 |
| township trustees, or board of county commissioners has pledged | 51217 |
| service payments for a designated transportation capacity project | 51218 |
| approved by the transportation review advisory council under | 51219 |
| Chapter 5512. of the Revised Code; | 51220 |
| (i) The portion of school district compensation value that | 51221 |
| was exempted from taxation for the preceding tax year under such | 51222 |
| an ordinance or resolution if the legislative authority of a | 51223 |
| municipal corporation, board of township trustees, or board of | 51224 |
| county commissioners have, by January 1, 2006, pledged proceeds | 51225 |
| for designated transportation improvement projects that involve | 51226 |
| federal funds for which the proceeds are used to meet a local | 51227 |
| share match requirement for such funding. | 51228 |
| As used in division (A)(6) of this section, "project" has the | 51229 |
| same meaning as in section 5709.40 of the Revised Code. | 51230 |
| (7) The aggregate value of real property in the school | 51231 |
| district for which an exemption from taxation is granted by an | 51232 |
| ordinance or resolution adopted on or after January 1, 2006, under | 51233 |
| Chapter 725. or 1728., sections 3735.65 to 3735.70, or section | 51234 |
| 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised | 51235 |
| Code, as indicated on the list of exempted property for the | 51236 |
| preceding tax year under section 5713.08 of the Revised Code and | 51237 |
| as if such property had been assessed for taxation that year, | 51238 |
| minus the product determined by multiplying (a) the aggregate | 51239 |
| value of the real property in the school district exempted from | 51240 |
| taxation for the preceding tax year under any of the chapters or | 51241 |
| sections specified in this division, by (b) a fraction, the | 51242 |
| numerator of which is the difference between (i) the amount of | 51243 |
| anticipated revenue such school district would have received for | 51244 |
| the preceding tax year if the real property exempted from taxation | 51245 |
| had not been exempted from taxation and (ii) the aggregate amount | 51246 |
| of payments in lieu of taxes on the exempt real property for the | 51247 |
| preceding tax year and other compensation received for the | 51248 |
| preceding tax year by the school district pursuant to any | 51249 |
| agreements entered into on or after January 1, 2006, under section | 51250 |
| 5709.82 of the Revised Code between the school district and the | 51251 |
| legislative authority of a political subdivision that acted under | 51252 |
| the authority of a chapter or statute specified in this division, | 51253 |
| that were entered into in relation to such exemption, and the | 51254 |
| denominator of which is the amount of anticipated revenue such | 51255 |
| school district would have received in the preceding fiscal year | 51256 |
| if the real property exempted from taxation had not been exempted. | 51257 |
| | 51258 |
| 51259 | |
| 51260 | |
| 51261 | |
| 51262 |
| | 51263 |
| 51264 | |
| 51265 | |
| 51266 | |
| 51267 |
| | 51268 |
| 51269 | |
| 51270 | |
| 51271 | |
| 51272 | |
| 51273 | |
| 51274 |
| (B) On or before the first day of May each year, the tax | 51275 |
| commissioner shall certify to the department of education and the | 51276 |
| office of budget and management the total taxable real property | 51277 |
| value of railroads and, separately, the total taxable tangible | 51278 |
| personal property value of all public utilities for the preceding | 51279 |
| tax year, by school district and by county of location. | 51280 |
| (C) If a public utility has properly and timely filed a | 51281 |
| petition for reassessment under section 5727.47 of the Revised | 51282 |
| Code with respect to an assessment issued under section 5727.23 of | 51283 |
| the Revised Code affecting taxable property apportioned by the tax | 51284 |
| commissioner to a school district, the taxable value of public | 51285 |
| utility tangible personal property included in the certification | 51286 |
| under divisions (A)(2) and (B) of this section for the school | 51287 |
| district shall include only the amount of taxable value on the | 51288 |
| basis of which the public utility paid tax for the preceding year | 51289 |
| as provided in division (B)(1) or (2) of section 5727.47 of the | 51290 |
| Revised Code. | 51291 |
| (D) If on the basis of the information certified under | 51292 |
| division (A) of this section, the department determines that any | 51293 |
| district fails in any year to meet the qualification requirement | 51294 |
| specified in division (A)(1) of section 3306.01 and division (A) | 51295 |
| of section 3317.01 of the Revised Code, the department shall | 51296 |
| immediately request the tax commissioner to determine the extent | 51297 |
| to which any school district income tax levied by the district | 51298 |
| under Chapter 5748. of the Revised Code shall be included in | 51299 |
| meeting that requirement. Within five days of receiving such a | 51300 |
| request from the department, the tax commissioner shall make the | 51301 |
| determination required by this division and report the quotient | 51302 |
| obtained under division (D)(3) of this section to the department | 51303 |
| and the office of budget and management. This quotient represents | 51304 |
| the number of mills that the department shall include in | 51305 |
| determining whether the district meets the qualification | 51306 |
| requirement of division (A)(1) of section 3306.01 and division (A) | 51307 |
| of section 3317.01 of the Revised Code. | 51308 |
| The tax commissioner shall make the determination required by | 51309 |
| this division as follows: | 51310 |
| (1) Multiply one mill times the total taxable value of the | 51311 |
| district as determined in divisions (A)(1) and (2) of this | 51312 |
| section; | 51313 |
| (2) Estimate the total amount of tax liability for the | 51314 |
| current tax year under taxes levied by Chapter 5748. of the | 51315 |
| Revised Code that are apportioned to current operating expenses of | 51316 |
| the district, excluding any income tax receipts allocated for the | 51317 |
| project cost, debt service, or maintenance set-aside associated | 51318 |
| with a state-assisted classroom facilities project as authorized | 51319 |
| by section 3318.052 of the Revised Code; | 51320 |
| (3) Divide the amount estimated under division (D)(2) of this | 51321 |
| section by the product obtained under division (D)(1) of this | 51322 |
| section. | 51323 |
| (E)(1) On or before June 1, 2006, and the first day of April | 51324 |
| of each year thereafter, the director of development shall report | 51325 |
| to the department of education, the tax commissioner, and the | 51326 |
| director of budget and management the total amounts of payments | 51327 |
| received by each city, local, exempted village, or joint | 51328 |
| vocational school district for the preceding tax year pursuant to | 51329 |
| division (D) of section 5709.40, division (D) of section 5709.73, | 51330 |
| division (C) of section 5709.78, or division (B)(1), (B)(2), (C), | 51331 |
| or (D) of section 5709.82 of the Revised Code in relation to | 51332 |
| exemptions from taxation granted pursuant to an ordinance adopted | 51333 |
| by the legislative authority of a municipal corporation under | 51334 |
| division (C) of section 5709.40 of the Revised Code, or a | 51335 |
| resolution adopted by a board of township trustees or board of | 51336 |
| county commissioners under division (C) of section 5709.73 or | 51337 |
| division (B) of section 5709.78 of the Revised Code, respectively. | 51338 |
| On or before April 1, 2006, and the first day of March of each | 51339 |
| year thereafter, the treasurer of each city, local, exempted | 51340 |
| village, or joint vocational school district that has entered into | 51341 |
| such an agreement shall report to the director of development the | 51342 |
| total amounts of such payments the district received for the | 51343 |
| preceding tax year as provided in this section. The state board of | 51344 |
| education, in accordance with sections 3319.31 and 3319.311 of the | 51345 |
| Revised Code, may suspend or revoke the license of a treasurer | 51346 |
| found to have willfully reported erroneous, inaccurate, or | 51347 |
| incomplete data under this division. | 51348 |
| (2) On or before April 1, 2007, and the first day of April of | 51349 |
| each year thereafter, the director of development shall report to | 51350 |
| the department of education, the tax commissioner, and the | 51351 |
| director of budget and management the total amounts of payments | 51352 |
| received by each city, local, exempted village, or joint | 51353 |
| vocational school district for the preceding tax year pursuant to | 51354 |
| divisions (B), (C), and (D) of section 5709.82 of the Revised Code | 51355 |
| in relation to exemptions from taxation granted pursuant to | 51356 |
| ordinances or resolutions adopted on or after January 1, 2006, | 51357 |
| under Chapter 725. or 1728., sections 3735.65 to 3735.70, or | 51358 |
| section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the | 51359 |
| Revised Code. On or before March 1, 2007, and the first day of | 51360 |
| March of each year thereafter, the treasurer of each city, local, | 51361 |
| exempted village, or joint vocational school district that has | 51362 |
| entered into such an agreement shall report to the director of | 51363 |
| development the total amounts of such payments the district | 51364 |
| received for the preceding tax year as provided by this section. | 51365 |
| The state board of education, in accordance with sections 3319.31 | 51366 |
| and 3319.311 of the Revised Code, may suspend or revoke the | 51367 |
| license of a treasurer found to have willfully reported erroneous, | 51368 |
| inaccurate, or incomplete data under this division. | 51369 |
| Sec. 3317.022. (A)(1) The department of education shall | 51370 |
| compute and distribute state base cost funding to each eligible | 51371 |
| school district for the fiscal year, using the information | 51372 |
| obtained under section 3317.021 of the Revised Code in the | 51373 |
| calendar year in which the fiscal year begins, according to the | 51374 |
| following formula: | 51375 |
| 51376 | |
| 51377 | |
| 51378 | |
| 51379 | |
| 51380 | |
| 51381 | |
| 51382 | |
| 51383 | |
| 51384 | |
| If the difference obtained is a negative number, the | 51385 |
| district's computation shall be zero. | 51386 |
| (2)(a) For each school district for which the tax exempt | 51387 |
| value of the district equals or exceeds twenty-five per cent of | 51388 |
| the potential value of the district, the department of education | 51389 |
| shall calculate the difference between the district's tax exempt | 51390 |
| value and twenty-five per cent of the district's potential value. | 51391 |
| (b) For each school district to which division (A)(2)(a) of | 51392 |
| this section applies, the department shall adjust the recognized | 51393 |
| valuation used in the calculation under division (A)(1) of this | 51394 |
| section by subtracting from it the amount calculated under | 51395 |
| division (A)(2)(a) of this section. | 51396 |
| (B) As used in this section: | 51397 |
| (1) The "total special education weight" for a district means | 51398 |
| the sum of the following amounts: | 51399 |
| (a) The district's category one special education ADM | 51400 |
| multiplied by the multiple specified in division (A) of section | 51401 |
| 3317.013 of the Revised Code; | 51402 |
| (b) The district's category two special education ADM | 51403 |
| multiplied by the multiple specified in division (B) of section | 51404 |
| 3317.013 of the Revised Code; | 51405 |
| (c) The district's category three special education ADM | 51406 |
| multiplied by the multiple specified in division (C) of section | 51407 |
| 3317.013 of the Revised Code; | 51408 |
| (d) The district's category four special education ADM | 51409 |
| multiplied by the multiple specified in division (D) of section | 51410 |
| 3317.013 of the Revised Code; | 51411 |
| (e) The district's category five special education ADM | 51412 |
| multiplied by the multiple specified in division (E) of section | 51413 |
| 3317.013 of the Revised Code; | 51414 |
| (f) The district's category six special education ADM | 51415 |
| multiplied by the multiple specified in division (F) of section | 51416 |
| 3317.013 of the Revised Code. | 51417 |
| (2) | 51418 |
| 51419 |
| | 51420 |
| 51421 | |
| 51422 | |
| 51423 | |
| 51424 |
| | 51425 |
| 51426 | |
| 51427 |
| 51428 | |
| 51429 | |
| 51430 | |
| 51431 | |
| 51432 | |
| 51433 | |
| | 51434 |
| 51435 |
| | 51436 |
| (a) Child study, special education supervisors and | 51437 |
| coordinators, speech and hearing services, adaptive physical | 51438 |
| development services, occupational or physical therapy, teacher | 51439 |
| assistants for children with disabilities whose disabilities are | 51440 |
| described in division (B) of section 3317.013 or division (F)(3) | 51441 |
| of section 3317.02 of the Revised Code, behavioral intervention, | 51442 |
| interpreter services, work study, nursing services, and | 51443 |
| specialized integrative services as those terms are defined by | 51444 |
| the department; | 51445 |
| (b) Speech and language services provided to any student with | 51446 |
| a disability, including any student whose primary or only | 51447 |
| disability is a speech and language disability; | 51448 |
| (c) Any related service not specifically covered by other | 51449 |
| state funds but specified in federal law, including but not | 51450 |
| limited to, audiology and school psychological services; | 51451 |
| (d) Any service included in units funded under former | 51452 |
| division (O)(1) of section 3317.024 of the Revised Code; | 51453 |
| (e) Any other related service needed by children with | 51454 |
| disabilities in accordance with their individualized education | 51455 |
| programs. | 51456 |
| | 51457 |
| means the sum of the following amounts: | 51458 |
| (a) The district's category one vocational education ADM | 51459 |
| multiplied by the multiple specified in division (A) of section | 51460 |
| 3317.014 of the Revised Code; | 51461 |
| (b) The district's category two vocational education ADM | 51462 |
| multiplied by the multiple specified in division (B) of section | 51463 |
| 3317.014 of the Revised Code. | 51464 |
| | 51465 |
| preschool children with disabilities reported under division | 51466 |
| (B)(3)(h) of section 3317.03 of the Revised Code. | 51467 |
| (C)(1) The department shall compute and distribute state | 51468 |
| special education and related services additional weighted costs | 51469 |
| funds to each school district in accordance with the following | 51470 |
| formula: | 51471 |
| 51472 | |
| 51473 | |
| 51474 | |
| 51475 | |
| (2) The attributed local share of special education and | 51476 |
| related services additional weighted costs equals: | 51477 |
| 51478 | |
| 51479 | |
| (3)(a) The department shall compute and pay in accordance | 51480 |
| with this division additional state aid to school districts for | 51481 |
| students in categories two through six special education ADM. If a | 51482 |
| district's costs for the fiscal year for a student in its | 51483 |
| categories two through six special education ADM exceed the | 51484 |
| threshold catastrophic cost for serving the student, the district | 51485 |
| may submit to the superintendent of public instruction | 51486 |
| documentation, as prescribed by the superintendent, of all its | 51487 |
| costs for that student. Upon submission of documentation for a | 51488 |
| student of the type and in the manner prescribed, the department | 51489 |
| shall pay to the district an amount equal to the sum of the | 51490 |
| following: | 51491 |
| (i) One-half of the district's costs for the student in | 51492 |
| excess of the threshold catastrophic cost; | 51493 |
| (ii) The product of one-half of the district's costs for the | 51494 |
| student in excess of the threshold catastrophic cost multiplied by | 51495 |
| the district's state share percentage. | 51496 |
| (b) For purposes of division (C)(3)(a) of this section, the | 51497 |
| threshold catastrophic cost for serving a student equals: | 51498 |
| (i) For a student in the school district's category two, | 51499 |
| three, four, or five special education ADM, twenty-seven thousand | 51500 |
|
three hundred seventy-five dollars | 51501 |
| (ii) For a student in the district's category six special | 51502 |
|
education ADM, thirty-two thousand eight hundred fifty
dollars | 51503 |
| 51504 |
| (c) The district shall only report under division (C)(3)(a) | 51505 |
| of this section, and the department shall only pay for, the costs | 51506 |
| of educational expenses and the related services provided to the | 51507 |
| student in accordance with the student's individualized education | 51508 |
| program. Any legal fees, court costs, or other costs associated | 51509 |
| with any cause of action relating to the student may not be | 51510 |
| included in the amount. | 51511 |
| (4)(a) As used in this division, the "personnel allowance" | 51512 |
| means thirty thousand dollars in fiscal years 2008 and 2009. | 51513 |
| (b) For the provision of speech language pathology services | 51514 |
| to students, including students who do not have individualized | 51515 |
| education programs prepared for them under Chapter 3323. of the | 51516 |
| Revised Code, and for no other purpose, the department of | 51517 |
| education shall pay each school district an amount calculated | 51518 |
| under the following formula: | 51519 |
| 51520 | |
| 51521 | |
| 51522 | |
| (5) In any fiscal year, a school district shall spend for | 51523 |
| purposes that the department designates as approved for special | 51524 |
| education and related services expenses at least the amount | 51525 |
| calculated as follows: | 51526 |
| 51527 | |
| 51528 | |
| 51529 | |
| The purposes approved by the department for special education | 51530 |
| expenses shall include, but shall not be limited to, | 51531 |
| identification of children with disabilities, compliance with | 51532 |
| state rules governing the education of children with disabilities | 51533 |
| and prescribing the continuum of program options for children | 51534 |
| with disabilities, provision of speech language pathology | 51535 |
| services, and the portion of the school district's overall | 51536 |
| administrative and overhead costs that are attributable to the | 51537 |
| district's special education student population. | 51538 |
| The scholarships deducted from the school district's account | 51539 |
| under section 3310.41 of the Revised Code shall be considered to | 51540 |
| be an approved special education and related services expense for | 51541 |
| the purpose of the school district's compliance with division | 51542 |
| (C)(5) of this section. | 51543 |
| The department shall require school districts to report data | 51544 |
| annually to allow for monitoring compliance with division (C)(5) | 51545 |
| of this section. The department shall annually report to the | 51546 |
| governor and the general assembly the amount of money spent by | 51547 |
| each school district for special education and related services. | 51548 |
| (6) In any fiscal year, a school district shall spend for the | 51549 |
| provision of speech language pathology services not less than the | 51550 |
| sum of the amount calculated under division (C)(1) of this section | 51551 |
| for the students in the district's category one special education | 51552 |
| ADM and the amount calculated under division (C)(4) of this | 51553 |
| section. | 51554 |
| (D)(1) As used in this division: | 51555 |
| (a) "Daily bus miles per student" equals the number of bus | 51556 |
| miles traveled per day, divided by transportation base. | 51557 |
| (b) "Transportation base" equals total student count as | 51558 |
| defined in section 3301.011 of the Revised Code, minus the number | 51559 |
| of students enrolled in units for preschool children with | 51560 |
| disabilities, plus the number of nonpublic school students | 51561 |
| included in transportation ADM. | 51562 |
| (c) "Transported student percentage" equals transportation | 51563 |
| ADM divided by transportation base. | 51564 |
| (d) "Transportation cost per student" equals total operating | 51565 |
| costs for board-owned or contractor-operated school buses divided | 51566 |
| by transportation base. | 51567 |
| (2) Analysis of student transportation cost data has resulted | 51568 |
| in a finding that an average efficient transportation use cost per | 51569 |
| student can be calculated by means of a regression formula that | 51570 |
| has as its two independent variables the number of daily bus miles | 51571 |
| per student and the transported student percentage. For fiscal | 51572 |
| year 1998 transportation cost data, the average efficient | 51573 |
| transportation use cost per student is expressed as follows: | 51574 |
| 51575 | |
| 51576 | |
| The department of education shall annually determine the | 51577 |
| average efficient transportation use cost per student in | 51578 |
| accordance with the principles stated in division (D)(2) of this | 51579 |
| section, updating the intercept and regression coefficients of the | 51580 |
| regression formula modeled in this division, based on an annual | 51581 |
| statewide analysis of each school district's daily bus miles per | 51582 |
| student, transported student percentage, and transportation cost | 51583 |
| per student data. The department shall conduct the annual update | 51584 |
| using data, including daily bus miles per student, transported | 51585 |
| student percentage, and transportation cost per student data, from | 51586 |
| the prior fiscal year. The department shall notify the office of | 51587 |
| budget and management of such update by the fifteenth day of | 51588 |
| February of each year. | 51589 |
| (3) In addition to funds paid under divisions (A), (C), and | 51590 |
| (E) of this section, each district with a transported student | 51591 |
| percentage greater than zero shall receive a payment equal to a | 51592 |
| percentage of the product of the district's transportation base | 51593 |
| from the prior fiscal year times the annually updated average | 51594 |
| efficient transportation use cost per student, times an inflation | 51595 |
| factor of two and eight-tenths per cent to account for the | 51596 |
| one-year difference between the data used in updating the formula | 51597 |
| and calculating the payment and the year in which the payment is | 51598 |
| made. The percentage shall be the following percentage of that | 51599 |
| product specified for the corresponding fiscal year: | 51600 |
| FISCAL YEAR | PERCENTAGE | 51601 | |||
| 2000 | 52.5% | 51602 | |||
| 2001 | 55% | 51603 | |||
| 2002 | 57.5% | 51604 | |||
| 2003 and thereafter | The greater of 60% or the district's state share percentage | 51605 |
| The payments made under division (D)(3) of this section each | 51606 |
| year shall be calculated based on all of the same prior year's | 51607 |
| data used to update the formula. | 51608 |
| (4) In addition to funds paid under divisions (D)(2) and (3) | 51609 |
| of this section, a school district shall receive a rough road | 51610 |
| subsidy if both of the following apply: | 51611 |
| (a) Its county rough road percentage is higher than the | 51612 |
| statewide rough road percentage, as those terms are defined in | 51613 |
| division (D)(5) of this section; | 51614 |
| (b) Its district student density is lower than the statewide | 51615 |
| student density, as those terms are defined in that division. | 51616 |
| (5) The rough road subsidy paid to each district meeting the | 51617 |
| qualifications of division (D)(4) of this section shall be | 51618 |
| calculated in accordance with the following formula: | 51619 |
| 51620 | |
| 51621 | |
| where: | 51622 |
| (a) "Per rough mile subsidy" equals the amount calculated in | 51623 |
| accordance with the following formula: | 51624 |
| 51625 | |
| 51626 | |
| 51627 | |
| (i) "Maximum rough road percentage" means the highest county | 51628 |
| rough road percentage in the state. | 51629 |
| (ii) "County rough road percentage" equals the percentage of | 51630 |
| the mileage of state, municipal, county, and township roads that | 51631 |
| is rated by the department of transportation as type A, B, C, E2, | 51632 |
| or F in the county in which the school district is located or, if | 51633 |
| the district is located in more than one county, the county to | 51634 |
| which it is assigned for purposes of determining its | 51635 |
| cost-of-doing-business factor. | 51636 |
| (iii) "Statewide rough road percentage" means the percentage | 51637 |
| of the statewide total mileage of state, municipal, county, and | 51638 |
| township roads that is rated as type A, B, C, E2, or F by the | 51639 |
| department of transportation. | 51640 |
| (b) "Total rough road miles" means a school district's total | 51641 |
| bus miles traveled in one year times its county rough road | 51642 |
| percentage. | 51643 |
| (c) "Density multiplier" means a figure calculated in | 51644 |
| accordance with the following formula: | 51645 |
| 51646 | |
| 51647 | |
| 51648 | |
| (i) "Minimum student density" means the lowest district | 51649 |
| student density in the state. | 51650 |
| (ii) "District student density" means a school district's | 51651 |
| transportation base divided by the number of square miles in the | 51652 |
| district. | 51653 |
| (iii) "Statewide student density" means the sum of the | 51654 |
| transportation bases for all school districts divided by the sum | 51655 |
| of the square miles in all school districts. | 51656 |
| (6) In addition to funds paid under divisions (D)(2) to (5) | 51657 |
| of this section, each district shall receive in accordance with | 51658 |
| rules adopted by the state board of education a payment for | 51659 |
| students transported by means other than board-owned or | 51660 |
| contractor-operated buses and whose transportation is not funded | 51661 |
| under division (G) of section 3317.024 of the Revised Code. The | 51662 |
| rules shall include provisions for school district reporting of | 51663 |
| such students. | 51664 |
| (E)(1) The department shall compute and distribute state | 51665 |
| vocational education additional weighted costs funds to each | 51666 |
| school district in accordance with the following formula: | 51667 |
| 51668 | |
| 51669 | |
| 51670 | |
| In any fiscal year, a school district receiving funds under | 51671 |
| division (E)(1) of this section shall spend those funds only for | 51672 |
| the purposes that the department designates as approved for | 51673 |
| vocational education expenses. Vocational educational expenses | 51674 |
| approved by the department shall include only expenses connected | 51675 |
| to the delivery of career-technical programming to | 51676 |
| career-technical students. The department shall require the school | 51677 |
| district to report data annually so that the department may | 51678 |
| monitor the district's compliance with the requirements regarding | 51679 |
| the manner in which funding received under division (E)(1) of this | 51680 |
| section may be spent. | 51681 |
| (2) The department shall compute for each school district | 51682 |
| state funds for vocational education associated services in | 51683 |
| accordance with the following formula: | 51684 |
| 51685 | |
| 51686 | |
| In any fiscal year, a school district receiving funds under | 51687 |
| division (E)(2) of this section, or through a transfer of funds | 51688 |
| pursuant to division (L) of section 3317.023 of the Revised Code, | 51689 |
| shall spend those funds only for the purposes that the department | 51690 |
| designates as approved for vocational education associated | 51691 |
| services expenses, which may include such purposes as | 51692 |
| apprenticeship coordinators, coordinators for other vocational | 51693 |
| education services, vocational evaluation, and other purposes | 51694 |
| designated by the department. The department may deny payment | 51695 |
| under division (E)(2) of this section to any district that the | 51696 |
| department determines is not operating those services or is using | 51697 |
| funds paid under division (E)(2) of this section, or through a | 51698 |
| transfer of funds pursuant to division (L) of section 3317.023 of | 51699 |
| the Revised Code, for other purposes. | 51700 |
| (F) The actual local share in any fiscal year for the | 51701 |
| combination of special education and related services additional | 51702 |
| weighted costs funding calculated under division (C)(1) of this | 51703 |
| section, transportation funding calculated under divisions (D)(2) | 51704 |
| and (3) of this section, and vocational education and associated | 51705 |
| services additional weighted costs funding calculated under | 51706 |
| divisions (E)(1) and (2) of this section shall not exceed for any | 51707 |
| school district the product of three and three-tenths mills times | 51708 |
| the district's recognized valuation. The department annually shall | 51709 |
| pay each school district as an excess cost supplement any amount | 51710 |
| by which the sum of the district's attributed local shares for | 51711 |
| that funding exceeds that product. For purposes of calculating the | 51712 |
| excess cost supplement: | 51713 |
| (1) The attributed local share for special education and | 51714 |
| related services additional weighted costs funding is the amount | 51715 |
| specified in division (C)(2) of this section. | 51716 |
| (2) The attributed local share of transportation funding | 51717 |
| equals the difference of the total amount calculated for the | 51718 |
| district using the formula developed under division (D)(2) of this | 51719 |
| section minus the actual amount paid to the district after | 51720 |
| applying the percentage specified in division (D)(3) of this | 51721 |
| section. | 51722 |
| (3) The attributed local share of vocational education and | 51723 |
| associated services additional weighted costs funding is the | 51724 |
| amount determined as follows: | 51725 |
| 51726 | |
| 51727 | |
| 51728 | |
| 51729 | |
| Sec. 3317.023. (A) | 51730 |
| 51731 | |
| under this chapter and Chapter 3306. of the Revised Code shall be | 51732 |
| adjusted by the amount of the computations made under divisions | 51733 |
| (B) to (N) of this section. The department of education shall not | 51734 |
| make payments or adjustments under divisions (B), (C), and (D) of | 51735 |
| this section for any fiscal year after fiscal year 2009. | 51736 |
| As used in this section: | 51737 |
| (1) "Classroom teacher" means a licensed employee who | 51738 |
| provides direct instruction to pupils, excluding teachers funded | 51739 |
| from money paid to the district from federal sources; educational | 51740 |
| service personnel; and vocational and special education teachers. | 51741 |
| (2) "Educational service personnel" shall not include such | 51742 |
| specialists funded from money paid to the district from federal | 51743 |
| sources or assigned full-time to vocational or special education | 51744 |
| students and classes and may only include those persons employed | 51745 |
| in the eight specialist areas in a pattern approved by the | 51746 |
| department of education under guidelines established by the state | 51747 |
| board of education. | 51748 |
| (3) "Annual salary" means the annual base salary stated in | 51749 |
| the state minimum salary schedule for the performance of the | 51750 |
| teacher's regular teaching duties that the teacher earns for | 51751 |
| services rendered for the first full week of October of the fiscal | 51752 |
| year for which the adjustment is made under division (C) of this | 51753 |
| section. It shall not include any salary payments for supplemental | 51754 |
| teachers contracts. | 51755 |
| (4) "Regular student population" means the formula ADM plus | 51756 |
| the number of students reported as enrolled in the district | 51757 |
| pursuant to division (A)(1) of section 3313.981 of the Revised | 51758 |
| Code; minus the number of students reported under division (A)(2) | 51759 |
| of section 3317.03 of the Revised Code; minus the FTE of students | 51760 |
| reported under division (B)(6), (7), (8), (9), (10), (11), or (12) | 51761 |
| of that section who are enrolled in a vocational education class | 51762 |
| or receiving special education; and minus twenty per cent of the | 51763 |
| students enrolled concurrently in a joint vocational school | 51764 |
| district. | 51765 |
| (5)
| 51766 |
| 51767 |
| | 51768 |
| districts designated by the department of education as being | 51769 |
| responsible for the planning for and provision of vocational | 51770 |
| education services to students within the district or group. | 51771 |
| | 51772 |
| joint vocational school district, designated by the department as | 51773 |
| a VEPD, or designated to provide primary vocational education | 51774 |
| leadership within a VEPD composed of a group of districts. | 51775 |
| (B) If the district employs less than one full-time | 51776 |
| equivalent classroom teacher for each twenty-five pupils in the | 51777 |
| regular student population in any school district, deduct the sum | 51778 |
| of the amounts obtained from the following computations: | 51779 |
| (1) Divide the number of the district's full-time equivalent | 51780 |
| classroom teachers employed by one twenty-fifth; | 51781 |
| (2) Subtract the quotient in (1) from the district's regular | 51782 |
| student population; | 51783 |
| (3) Multiply the difference in (2) by seven hundred fifty-two | 51784 |
| dollars. | 51785 |
| (C) If a positive amount, add one-half of the amount obtained | 51786 |
| by multiplying the number of full-time equivalent classroom | 51787 |
| teachers by: | 51788 |
| (1) The mean annual salary of all full-time equivalent | 51789 |
| classroom teachers employed by the district at their respective | 51790 |
| training and experience levels minus; | 51791 |
| (2) The mean annual salary of all such teachers at their | 51792 |
| respective levels in all school districts receiving payments under | 51793 |
| this section. | 51794 |
| The number of full-time equivalent classroom teachers used in | 51795 |
| this computation shall not exceed one twenty-fifth of the | 51796 |
| district's regular student population. In calculating the | 51797 |
| district's mean salary under this division, those full-time | 51798 |
| equivalent classroom teachers with the highest training level | 51799 |
| shall be counted first, those with the next highest training level | 51800 |
| second, and so on, in descending order. Within the respective | 51801 |
| training levels, teachers with the highest years of service shall | 51802 |
| be counted first, the next highest years of service second, and so | 51803 |
| on, in descending order. | 51804 |
| (D) This division does not apply to a school district that | 51805 |
| has entered into an agreement under division (A) of section | 51806 |
| 3313.42 of the Revised Code. Deduct the amount obtained from the | 51807 |
| following computations if the district employs fewer than five | 51808 |
| full-time equivalent educational service personnel, including | 51809 |
| elementary school art, music, and physical education teachers, | 51810 |
| counselors, librarians, visiting teachers, school social workers, | 51811 |
| and school nurses for each one thousand pupils in the regular | 51812 |
| student population: | 51813 |
| (1) Divide the number of full-time equivalent educational | 51814 |
| service personnel employed by the district by five | 51815 |
| one-thousandths; | 51816 |
| (2) Subtract the quotient in (1) from the district's regular | 51817 |
| student population; | 51818 |
| (3) Multiply the difference in (2) by ninety-four dollars. | 51819 |
| (E) If a local school district, or a city or exempted village | 51820 |
| school district to which a governing board of an educational | 51821 |
| service center provides services pursuant to section 3313.843 of | 51822 |
| the Revised Code, deduct the amount of the payment required for | 51823 |
| the reimbursement of the governing board under section 3317.11 of | 51824 |
| the Revised Code. | 51825 |
| (F)(1) If the district is required to pay to or entitled to | 51826 |
| receive tuition from another school district under division (C)(2) | 51827 |
| or (3) of section 3313.64 or section 3313.65 of the Revised Code, | 51828 |
| or if the superintendent of public instruction is required to | 51829 |
| determine the correct amount of tuition and make a deduction or | 51830 |
| credit under section 3317.08 of the Revised Code, deduct and | 51831 |
| credit such amounts as provided in division (J) of section 3313.64 | 51832 |
| or section 3317.08 of the Revised Code. | 51833 |
| (2) For each child for whom the district is responsible for | 51834 |
| tuition or payment under division (A)(1) of section 3317.082 or | 51835 |
| section 3323.091 of the Revised Code, deduct the amount of tuition | 51836 |
| or payment for which the district is responsible. | 51837 |
| (G) If the district has been certified by the superintendent | 51838 |
| of public instruction under section 3313.90 of the Revised Code as | 51839 |
| not in compliance with the requirements of that section, deduct an | 51840 |
| amount equal to ten per cent of the amount computed for the | 51841 |
|
district under | 51842 |
| (H) If the district has received a loan from a commercial | 51843 |
| lending institution for which payments are made by the | 51844 |
| superintendent of public instruction pursuant to division (E)(3) | 51845 |
| of section 3313.483 of the Revised Code, deduct an amount equal to | 51846 |
| such payments. | 51847 |
| (I)(1) If the district is a party to an agreement entered | 51848 |
| into under division (D), (E), or (F) of section 3311.06 or | 51849 |
| division (B) of section 3311.24 of the Revised Code and is | 51850 |
| obligated to make payments to another district under such an | 51851 |
| agreement, deduct an amount equal to such payments if the district | 51852 |
| school board notifies the department in writing that it wishes to | 51853 |
| have such payments deducted. | 51854 |
| (2) If the district is entitled to receive payments from | 51855 |
| another district that has notified the department to deduct such | 51856 |
| payments under division (I)(1) of this section, add the amount of | 51857 |
| such payments. | 51858 |
| (J) If the district is required to pay an amount of funds to | 51859 |
| a cooperative education district pursuant to a provision described | 51860 |
| by division (B)(4) of section 3311.52 or division (B)(8) of | 51861 |
| section 3311.521 of the Revised Code, deduct such amounts as | 51862 |
| provided under that provision and credit those amounts to the | 51863 |
| cooperative education district for payment to the district under | 51864 |
| division (B)(1) of section 3317.19 of the Revised Code. | 51865 |
| (K)(1) If a district is educating a student entitled to | 51866 |
| attend school in another district pursuant to a shared education | 51867 |
| contract, compact, or cooperative education agreement other than | 51868 |
| an agreement entered into pursuant to section 3313.842 of the | 51869 |
| Revised Code, credit to that educating district on an FTE basis | 51870 |
| both of the following: | 51871 |
| (a) An amount equal to the
| 51872 |
| 51873 | |
| 51874 |
| (b) An amount equal to the current formula amount times the | 51875 |
| state share percentage times any multiple applicable to the | 51876 |
|
student
pursuant to section
| 51877 |
| Revised Code. | 51878 |
| (2) Deduct any amount credited pursuant to division (K)(1) of | 51879 |
| this section from amounts paid to the school district in which the | 51880 |
| student is entitled to attend school pursuant to section 3313.64 | 51881 |
| or 3313.65 of the Revised Code. | 51882 |
| (3) If the district is required by a shared education | 51883 |
| contract, compact, or cooperative education agreement to make | 51884 |
| payments to an educational service center, deduct the amounts from | 51885 |
| payments to the district and add them to the amounts paid to the | 51886 |
| service center pursuant to section 3317.11 of the Revised Code. | 51887 |
| (L)(1) If a district, including a joint vocational school | 51888 |
| district, is a lead district of a VEPD, credit to that district | 51889 |
| the amounts calculated for all the school districts within that | 51890 |
| VEPD pursuant to division (E)(2) of section 3317.022 of the | 51891 |
| Revised Code. | 51892 |
| (2) Deduct from each appropriate district that is not a lead | 51893 |
| district, the amount attributable to that district that is | 51894 |
| credited to a lead district under division (L)(1) of this section. | 51895 |
| (M) If the department pays a joint vocational school district | 51896 |
| under division (G)(4) of section 3317.16 of the Revised Code for | 51897 |
| excess costs of providing special education and related services | 51898 |
| to a student with a disability, as calculated under division | 51899 |
| (G)(2) of that section, the department shall deduct the amount of | 51900 |
| that payment from the city, local, or exempted village school | 51901 |
| district that is responsible as specified in that section for the | 51902 |
| excess costs. | 51903 |
| (N)(1) If the district reports an amount of excess cost for | 51904 |
| special education services for a child under division (C) of | 51905 |
| section 3323.14 of the Revised Code, the department shall pay that | 51906 |
| amount to the district. | 51907 |
| (2) If the district reports an amount of excess cost for | 51908 |
| special education services for a child under division (C) of | 51909 |
| section 3323.14 of the Revised Code, the department shall deduct | 51910 |
| that amount from the district of residence of that child. | 51911 |
| Sec. 3317.024. | 51912 |
| 51913 | |
| 51914 | |
| 51915 | |
| 51916 | |
| 51917 | |
| 51918 | |
| 51919 | |
| 51920 | |
| 51921 | |
| 51922 | |
| 51923 | |
| 51924 | |
| 51925 | |
| 51926 | |
| 51927 | |
| distributed monthly, quarterly, or annually as may be determined | 51928 |
| by the state board of education, except that the department of | 51929 |
| education shall not make payments under divisions (F), (L), and | 51930 |
| (N) of this section for any fiscal year after fiscal year 2009: | 51931 |
| (A) An amount for each island school district and each joint | 51932 |
| state school district for the operation of each high school and | 51933 |
| each elementary school maintained within such district and for | 51934 |
| capital improvements for such schools. Such amounts shall be | 51935 |
| determined on the basis of standards adopted by the state board of | 51936 |
| education. | 51937 |
| (B) An amount for each school district operating classes for | 51938 |
| children of migrant workers who are unable to be in attendance in | 51939 |
| an Ohio school during the entire regular school year. The amounts | 51940 |
| shall be determined on the basis of standards adopted by the state | 51941 |
| board of education, except that payment shall be made only for | 51942 |
| subjects regularly offered by the school district providing the | 51943 |
| classes. | 51944 |
| (C) An amount for each school district with guidance, | 51945 |
| testing, and counseling programs approved by the state board of | 51946 |
| education. The amount shall be determined on the basis of | 51947 |
| standards adopted by the state board of education. | 51948 |
| (D) An amount for the emergency purchase of school buses as | 51949 |
| provided for in section 3317.07 of the Revised Code; | 51950 |
| (E) An amount for each school district required to pay | 51951 |
| tuition for a child in an institution maintained by the department | 51952 |
| of youth services pursuant to section 3317.082 of the Revised | 51953 |
| Code, provided the child was not included in the calculation of | 51954 |
| the district's average daily membership for the preceding school | 51955 |
| year. | 51956 |
| (F) An amount for adult basic literacy education for each | 51957 |
| district participating in programs approved by the state board of | 51958 |
| education. The amount shall be determined on the basis of | 51959 |
| standards adopted by the state board of education. | 51960 |
| (G) An amount for the approved cost of transporting eligible | 51961 |
| pupils with disabilities attending a special education program | 51962 |
| approved by the department of education whom it is impossible or | 51963 |
| impractical to transport by regular school bus in the course of | 51964 |
| regular route transportation provided by the district or service | 51965 |
| center. No district or service center is eligible to receive a | 51966 |
| payment under this division for the cost of transporting any pupil | 51967 |
| whom it transports by regular school bus and who is included in | 51968 |
| the district's transportation ADM. The state board of education | 51969 |
| shall establish standards and guidelines for use by the department | 51970 |
| of education in determining the approved cost of such | 51971 |
| transportation for each district or service center. | 51972 |
| (H) An amount to each school district, including each | 51973 |
| cooperative education school district, pursuant to section 3313.81 | 51974 |
| of the Revised Code to assist in providing free lunches to needy | 51975 |
| children and an amount to assist needy school districts in | 51976 |
| purchasing necessary equipment for food preparation. The amounts | 51977 |
| shall be determined on the basis of rules adopted by the state | 51978 |
| board of education. | 51979 |
| (I) An amount to each school district, for each pupil | 51980 |
| attending a chartered nonpublic elementary or high school within | 51981 |
| the district. The amount shall equal the amount appropriated for | 51982 |
| the implementation of section 3317.06 of the Revised Code divided | 51983 |
| by the average daily membership in grades kindergarten through | 51984 |
| twelve in nonpublic elementary and high schools within the state | 51985 |
| as determined during the first full week in October of each school | 51986 |
| year. | 51987 |
| (J) An amount for each county MR/DD board, distributed on the | 51988 |
| basis of standards adopted by the state board of education, for | 51989 |
| the approved cost of transportation required for children | 51990 |
| attending special education programs operated by the county MR/DD | 51991 |
| board under section 3323.09 of the Revised Code; | 51992 |
| (K) An amount for each school district that establishes a | 51993 |
| mentor teacher program that complies with rules of the state board | 51994 |
| of education. No school district shall be required to establish or | 51995 |
| maintain such a program in any year unless sufficient funds are | 51996 |
| appropriated to cover the district's total costs for the program. | 51997 |
| (L) An amount to each school district or educational service | 51998 |
| center for the total number of gifted units approved pursuant to | 51999 |
| section 3317.05 of the Revised Code. The amount for each such unit | 52000 |
| shall be the sum of the minimum salary for the teacher of the | 52001 |
| unit, calculated on the basis of the teacher's training level and | 52002 |
| years of experience pursuant to the salary schedule prescribed in | 52003 |
| the version of section 3317.13 of the Revised Code in effect prior | 52004 |
| to July 1, 2001, plus fifteen per cent of that minimum salary | 52005 |
| amount, plus two thousand six hundred seventy-eight dollars. | 52006 |
| (M) An amount to each institution defined under section | 52007 |
| 3317.082 of the Revised Code providing elementary or secondary | 52008 |
| education to children other than children receiving special | 52009 |
| education under section 3323.091 of the Revised Code. This amount | 52010 |
| for any institution in any fiscal year shall equal the total of | 52011 |
| all tuition amounts required to be paid to the institution under | 52012 |
| division (A)(1) of section 3317.082 of the Revised Code. | 52013 |
| (N) A grant to each school district and joint vocational | 52014 |
| school district that operates a "graduation, reality, and | 52015 |
| dual-role skills" (GRADS) program for pregnant and parenting | 52016 |
| students that is approved by the department. The amount of the | 52017 |
| payment shall be the district's state share percentage, as defined | 52018 |
| in section 3317.022 or 3317.16 of the Revised Code, times the | 52019 |
| GRADS personnel allowance times the full-time-equivalent number of | 52020 |
| GRADS teachers approved by the department. The GRADS personnel | 52021 |
| allowance is $47,555 in fiscal years 2008 and 2009. The GRADS | 52022 |
| program shall include instruction on adoption as an option for | 52023 |
| unintended pregnancies. | 52024 |
| The state board of education or any other board of education | 52025 |
| or governing board may provide for any resident of a district or | 52026 |
| educational service center territory any educational service for | 52027 |
| which funds are made available to the board by the United States | 52028 |
| under the authority of public law, whether such funds come | 52029 |
| directly or indirectly from the United States or any agency or | 52030 |
| department thereof or through the state or any agency, department, | 52031 |
| or political subdivision thereof. | 52032 |
| Sec. 3317.025. On or before the first day of June of each | 52033 |
| year, the tax commissioner shall certify the following information | 52034 |
| to the department of education and the office of budget and | 52035 |
| management, for each school district in which the value of the | 52036 |
| property described under division (A) of this section exceeds one | 52037 |
| per cent of the taxable value of all real and tangible personal | 52038 |
| property in the district or in which is located tangible personal | 52039 |
| property designed for use or used in strip mining operations, | 52040 |
| whose taxable value exceeds five million dollars, and the taxes | 52041 |
| upon which the district is precluded from collecting by virtue of | 52042 |
| legal proceedings to determine the value of such property: | 52043 |
| (A) The total taxable value of all property in the district | 52044 |
| owned by a public utility or railroad that has filed a petition | 52045 |
| for reorganization under the "Bankruptcy Act," 47 Stat. 1474 | 52046 |
| (1898), 11 U.S.C. 205, as amended, and all tangible personal | 52047 |
| property in the district designed for use or used in strip mining | 52048 |
| operations whose taxable value exceeds five million dollars upon | 52049 |
| which have not been paid in full on or before the first day of | 52050 |
| April of that calendar year all real and tangible personal | 52051 |
| property taxes levied for the preceding calendar year and which | 52052 |
| the district was precluded from collecting by virtue of | 52053 |
| proceedings under section 205 of said act or by virtue of legal | 52054 |
| proceedings to determine the tax liability of such strip mining | 52055 |
| equipment; | 52056 |
| (B) The percentage of the total operating taxes charged and | 52057 |
| payable for school district purposes levied against such valuation | 52058 |
| for the preceding calendar year that have not been paid by such | 52059 |
| date; | 52060 |
| (C) The product obtained by multiplying the value certified | 52061 |
| under division (A) of this section by the percentage certified | 52062 |
| under division (B) of this section. If the value certified under | 52063 |
| division (A) of this section includes taxable property owned by a | 52064 |
| public utility or railroad that has filed a petition for | 52065 |
| reorganization under the bankruptcy act, the amount used in making | 52066 |
| the calculation under this division shall be reduced by one per | 52067 |
| cent of the total value of all real and tangible personal property | 52068 |
| in the district or the value of the utility's or railroad's | 52069 |
| property, whichever is less. | 52070 |
| Upon receipt of the certification, the department shall | 52071 |
|
recompute the payments required under | 52072 |
| 3306. of the Revised Code in the manner the payments would have | 52073 |
| been computed if: | 52074 |
| (1) The amount certified under division (C) of this section | 52075 |
| was not subject to taxation by the district and was not included | 52076 |
| in the certification made under division (A)(1), (A)(2), or (D) of | 52077 |
| section 3317.021 of the Revised Code. | 52078 |
| (2) The amount of taxes charged and payable and unpaid and | 52079 |
| used to make the computation under division (B) of this section | 52080 |
| had not been levied and had not been used in the computation | 52081 |
| required by division (B) of section 3317.021 of the Revised Code. | 52082 |
| The department shall pay the district that amount in the ensuing | 52083 |
|
fiscal year in lieu of the amounts computed under
| 52084 |
| Chapter 3306. of the Revised Code. | 52085 |
| If a school district received a grant from the catastrophic | 52086 |
| expenditures account pursuant to division (C) of section 3316.20 | 52087 |
| of the Revised Code on the basis of the same circumstances for | 52088 |
| which a recomputation is made under this section, the amount of | 52089 |
| the recomputation shall be reduced and transferred in accordance | 52090 |
| with division (C) of section 3316.20 of the Revised Code. | 52091 |
| Sec. 3317.0210. (A) As used in this section: | 52092 |
| (1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act | 52093 |
| of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended. | 52094 |
| (2) "Chapter 11 corporation" means a corporation, company, or | 52095 |
| other business organization that has filed a petition for | 52096 |
| reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92 | 52097 |
| Stat. 2626, 11 U.S.C. 1101, as amended. | 52098 |
| (3) "Uncollectable taxes" means property taxes payable in a | 52099 |
| calendar year by a Chapter 11 corporation on its property that a | 52100 |
| school district is precluded from collecting by virtue of | 52101 |
| proceedings under the Bankruptcy Reform Act. | 52102 |
| (4) "Basic state aid" means the state aid calculated for a | 52103 |
|
school district under | 52104 |
| Revised Code. | 52105 |
| (5) "Effective value" means the amount obtained by | 52106 |
| multiplying the total taxable value certified in a calendar year | 52107 |
| under section 3317.021 of the Revised Code by a fraction, the | 52108 |
| numerator of which is the total taxes charged and payable in that | 52109 |
| calendar year exclusive of the uncollectable taxes payable in that | 52110 |
| year, and the denominator of which is the total taxes charged and | 52111 |
| payable in that year. | 52112 |
| (6) "Total taxes charged and payable" has the same meaning | 52113 |
| given "taxes charged and payable" in section 3317.02 of the | 52114 |
| Revised Code. | 52115 |
| (B)(1) Between the first day of January and the first day of | 52116 |
| February of any year, a school district shall notify the | 52117 |
| department of education if it has uncollectable taxes payable in | 52118 |
| the preceding calendar year from one Chapter 11 corporation. | 52119 |
| (2) The department shall verify whether the district has such | 52120 |
| uncollectable taxes from such a corporation, and if the district | 52121 |
| does, shall immediately request the tax commissioner to certify | 52122 |
| the district's total taxes charged and payable in the preceding | 52123 |
| calendar year, and the tax commissioner shall certify that | 52124 |
| information to the department within thirty days after receiving | 52125 |
| the request. For the purposes of this section, taxes are payable | 52126 |
| in the calendar year that includes the day prescribed by law for | 52127 |
| their payment, including any lawful extension thereof. | 52128 |
| (C) Upon receiving the certification from the tax | 52129 |
| commissioner, the department shall determine whether the amount of | 52130 |
| uncollectable taxes from the corporation equals at least one per | 52131 |
| cent of the total taxes charged and payable as certified by the | 52132 |
| tax commissioner. If it does, the department shall compute the | 52133 |
| district's effective value and shall recompute the basic state aid | 52134 |
| payable to the district for the current fiscal year using the | 52135 |
| effective value in lieu of the total taxable value used to compute | 52136 |
| the basic state aid for the current fiscal year. The difference | 52137 |
| between the basic state aid amount originally computed for the | 52138 |
| district for the current fiscal year and the recomputed amount | 52139 |
| shall be paid to the district from the lottery profits education | 52140 |
| fund before the end of the current fiscal year. | 52141 |
| (D) Except as provided in division (E) of this section, | 52142 |
| amounts received by a school district under division (C) of this | 52143 |
| section shall be repaid to the department of education in any | 52144 |
| future year to the extent the district receives payments of | 52145 |
| uncollectable taxes in such future year. The district shall notify | 52146 |
| the department of any amount owed under this division. | 52147 |
| (E) If a school district received a grant from the | 52148 |
| catastrophic expenditures account pursuant to division (C) of | 52149 |
| section 3316.20 of the Revised Code on the basis of the same | 52150 |
| circumstances for which a recomputation is made under this | 52151 |
| section, the amount of the recomputation shall be reduced and | 52152 |
| transferred in accordance with division (C) of section 3316.20 of | 52153 |
| the Revised Code. | 52154 |
| Sec. 3317.0211. (A) As used in this section: | 52155 |
| (1) "Port authority" means any port authority as defined in | 52156 |
| section 4582.01 or 4582.21 of the Revised Code. | 52157 |
| (2) "Real property" includes public utility real property and | 52158 |
| "personal property" includes public utility personal property. | 52159 |
| (3) "Uncollected taxes" means property taxes charged and | 52160 |
| payable against the property of a port authority for a tax year | 52161 |
| that a school district has not collected. | 52162 |
| (4) "Basic state aid" means the state aid calculated for a | 52163 |
|
school district under | 52164 |
| Revised Code. | 52165 |
| (5) "Effective value" means the sum of the effective | 52166 |
| residential/agricultural real property value, the effective | 52167 |
| nonresidential/agricultural real property value, and the effective | 52168 |
| personal value. | 52169 |
| (6) "Effective residential/agricultural real property value" | 52170 |
| means, for a tax year, the amount obtained by multiplying the | 52171 |
| value for that year of residential/agricultural real property | 52172 |
| subject to taxation in the district by a fraction, the numerator | 52173 |
| of which is the total taxes charged and payable for that year | 52174 |
| against the residential/agricultural real property subject to | 52175 |
| taxation in the district, exclusive of the uncollected taxes for | 52176 |
| that year on all real property subject to taxation in the | 52177 |
| district, and the denominator of which is the total taxes charged | 52178 |
| and payable for that year against the residential/agricultural | 52179 |
| real property subject to taxation in the district. | 52180 |
| (7) "Effective nonresidential/agricultural real property | 52181 |
| value" means, for a tax year, the amount obtained by multiplying | 52182 |
| the value for that year of nonresidential/agricultural real | 52183 |
| property subject to taxation in the district by a fraction, the | 52184 |
| numerator of which is the total taxes charged and payable for that | 52185 |
| year against the nonresidential/agricultural real property subject | 52186 |
| to taxation in the district, exclusive of the uncollected taxes | 52187 |
| for that year on all real property subject to taxation in the | 52188 |
| district, and the denominator of which is the total taxes charged | 52189 |
| and payable for that year against the nonresidential/agricultural | 52190 |
| real property subject to taxation in the district. | 52191 |
| (8) "Effective personal value" means, for a tax year, the | 52192 |
| amount obtained by multiplying the value for that year certified | 52193 |
| under division (A)(2) of section 3317.021 of the Revised Code by a | 52194 |
| fraction, the numerator of which is the total taxes charged and | 52195 |
| payable for that year against personal property subject to | 52196 |
| taxation in the district, exclusive of the uncollected taxes for | 52197 |
| that year on that property, and the denominator of which is the | 52198 |
| total taxes charged and payable for that year against personal | 52199 |
| property subject to taxation in the district. | 52200 |
| (9) "Nonresidential/agricultural real property value" means, | 52201 |
| for a tax year, the sum of the values certified for a school | 52202 |
| district for that year under division (B)(2)(a) of this section, | 52203 |
| and "residential/agricultural real property value" means, for a | 52204 |
| tax year, the sum of the values certified for a school district | 52205 |
| under division (B)(2)(b) of this section. | 52206 |
| (10) "Taxes charged and payable against real property" means | 52207 |
| the taxes charged and payable against that property after making | 52208 |
| the reduction required by section 319.301 of the Revised Code. | 52209 |
| (11) "Total taxes charged and payable" has the same meaning | 52210 |
| given "taxes charged and payable" in section 3317.02 of the | 52211 |
| Revised Code. | 52212 |
| (B)(1) By the first day of August of any calendar year, a | 52213 |
| school district shall notify the department of education if it has | 52214 |
| any uncollected taxes from one port authority for the second | 52215 |
| preceding tax year whose taxes charged and payable represent at | 52216 |
| least one-half of one per cent of the district's total taxes | 52217 |
| charged and payable for that tax year. | 52218 |
| (2) The department shall verify whether the district has such | 52219 |
| uncollected taxes by the first day of September, and if the | 52220 |
| district does, shall immediately request the county auditor of | 52221 |
| each county in which the school district has territory to certify | 52222 |
| the following information concerning the district's property | 52223 |
| values and taxes for the second preceding tax year, and each such | 52224 |
| auditor shall certify that information to the department within | 52225 |
| thirty days of receiving the request: | 52226 |
| (a) The value of the property subject to taxation in the | 52227 |
| district that was classified as nonresidential/agricultural real | 52228 |
| property pursuant to section 5713.041 of the Revised Code, and the | 52229 |
| taxes charged and payable on that property; and | 52230 |
| (b) The value of the property subject to taxation in the | 52231 |
| district that was classified as residential/agricultural real | 52232 |
| property under section 5713.041 of the Revised Code. | 52233 |
| (C) By the fifteenth day of November, the department shall | 52234 |
| compute the district's effective nonresidential/agricultural real | 52235 |
| property value, effective residential/agricultural real property | 52236 |
| value, effective personal value, and effective value, and shall | 52237 |
| determine whether the school district's effective value for the | 52238 |
| second preceding tax year is at least one per cent less than its | 52239 |
| total value for that year certified under divisions (A)(1) and (2) | 52240 |
| of section 3317.021 of the Revised Code. If it is, the department | 52241 |
| shall recompute the basic state aid payable to the district for | 52242 |
| the immediately preceding fiscal year using the effective value in | 52243 |
| lieu of the amounts previously certified under section 3317.021 of | 52244 |
| the Revised Code. The difference between the original basic state | 52245 |
| aid amount computed for the district for the preceding fiscal year | 52246 |
| and the recomputed amount shall be paid to the district from the | 52247 |
| lottery profits education fund before the end of the current | 52248 |
| fiscal year. | 52249 |
| (D) Except as provided in division (E) of this section, | 52250 |
| amounts received by a school district under division (C) of this | 52251 |
| section shall be repaid to the department of education in any | 52252 |
| future year to the extent the district receives payments of | 52253 |
| uncollectable taxes in such future year. The department shall | 52254 |
| notify a district of any amount owed under this division. | 52255 |
| (E) If a school district received a grant from the | 52256 |
| catastrophic expenditures account pursuant to division (C) of | 52257 |
| section 3316.20 of the Revised Code on the basis of the same | 52258 |
| circumstances for which a recomputation is made under this | 52259 |
| section, the amount of the recomputation shall be reduced and | 52260 |
| transferred in accordance with division (C) of section 3316.20 of | 52261 |
| the Revised Code. | 52262 |
| Sec. 3317.0216. (A) As used in this section: | 52263 |
| (1) "Total taxes charged and payable for current expenses" | 52264 |
|
means the sum of | 52265 |
| (a) The taxes charged and payable as certified under division | 52266 |
| (A)(3)(a) of section 3317.021 of the Revised Code less any amounts | 52267 |
|
reported under division (A)(3)(b) of that
section | 52268 |
| (b) The tax distribution for the preceding year under any | 52269 |
| school district income tax levied by the district pursuant to | 52270 |
| Chapter 5748. of the Revised Code to the extent the revenue from | 52271 |
| the income tax is allocated or apportioned to current expenses, | 52272 |
| excluding the amount allocated or apportioned for the project | 52273 |
| cost, debt service, or maintenance set-aside associated with a | 52274 |
| state-assisted classroom facilities project as authorized by | 52275 |
| section 3318.052 of the Revised Code. | 52276 |
| (2) "Charge-off amount" means two and three-tenths per cent | 52277 |
| multiplied by (the sum of recognized valuation and property | 52278 |
| exemption value). | 52279 |
| (3) Until fiscal year 2003, the "actual local share of | 52280 |
| special education, transportation, and vocational education | 52281 |
| funding" for any school district means the sum of the district's | 52282 |
| attributed local shares described in divisions (F)(1) to (3) of | 52283 |
| section 3317.022 of the Revised Code. Beginning in fiscal year | 52284 |
| 2003, the "actual local share of special education, | 52285 |
| transportation, and vocational education funding" means that sum | 52286 |
| minus the amount of any excess cost supplement payment calculated | 52287 |
| for the district under division (F) of section 3317.022 of the | 52288 |
| Revised Code. | 52289 |
| (B) Upon receiving the certifications under section 3317.021 | 52290 |
| of the Revised Code, the department of education shall determine | 52291 |
| for each city, local, and exempted village school district whether | 52292 |
| the district's charge-off amount is greater than the district's | 52293 |
| total taxes charged and payable for current expenses, and if the | 52294 |
| charge-off amount is greater, shall pay the district the amount | 52295 |
| of the difference. A payment shall not be made to any school | 52296 |
| district for which the computation under division (A) of section | 52297 |
| 3317.022 of the Revised Code equals zero. | 52298 |
| (C)(1) If a district's charge-off amount is equal to or | 52299 |
| greater than its total taxes charged and payable for current | 52300 |
| expenses, the department shall, in addition to the payment | 52301 |
| required under division (B) of this section, pay the district the | 52302 |
| amount of its actual local share of special education, | 52303 |
| transportation, and vocational education funding. | 52304 |
| (2) If a district's charge-off amount is less than its total | 52305 |
| taxes charged and payable for current expenses, the department | 52306 |
| shall pay the district any amount by which its actual local share | 52307 |
| of special education, transportation, and vocational education | 52308 |
| funding exceeds its total taxes charged and payable for current | 52309 |
| expenses minus its charge-off amount. | 52310 |
| (D) If a school district that received a payment under | 52311 |
| division (B) or (C) of this section in the prior fiscal year is | 52312 |
| ineligible for payment under those divisions in the current fiscal | 52313 |
| year, the department shall determine if the ineligibility is the | 52314 |
| result of a property tax or income tax levy approved by the | 52315 |
| district's voters to take effect in tax year 2005 or thereafter. | 52316 |
| If the department determines that is the case, and calculates that | 52317 |
| the levy causing the ineligibility exceeded by at least one mill | 52318 |
| the equivalent millage of the prior year's payment under divisions | 52319 |
| (B) and (C) of this section, the department shall make a payment | 52320 |
| to the district for the first three years that the district loses | 52321 |
| eligibility for payment under divisions (B) and (C) of this | 52322 |
| section, as follows: | 52323 |
| (1) In the first year of ineligibility, the department shall | 52324 |
| pay the district seventy-five per cent of the amount it last paid | 52325 |
| the district under divisions (B) and (C) of this section. | 52326 |
| (2) In the second year of ineligibility, the department shall | 52327 |
| pay the district fifty per cent of the amount it last paid the | 52328 |
| district under those divisions. | 52329 |
| (3) In the third year of ineligibility, the department shall | 52330 |
| pay the district twenty-five per cent of the amount it last paid | 52331 |
| the district under those divisions. | 52332 |
| (E) A district that receives payment under division (D) of | 52333 |
| this section and subsequently qualifies for payment under division | 52334 |
| (B) or (C) of this section is ineligible for future payments under | 52335 |
| division (D) of this section. | 52336 |
| (F) To enable the department of education to make the | 52337 |
| determinations and to calculate payments under division (D) of | 52338 |
| this section, on March 30, 2006, and on or before the first day | 52339 |
| of March of each year thereafter, the department shall send to | 52340 |
| the tax commissioner a list of school districts receiving | 52341 |
| payments under division (B) or (C) of this section for the | 52342 |
| current fiscal year. On or before the first day of the following | 52343 |
| June, the tax commissioner shall certify to the department of | 52344 |
| education for those school districts the information required by | 52345 |
| division (A)(8) of section 3317.021 of the Revised Code. | 52346 |
| Sec. 3317.03. | 52347 |
| 52348 | |
| 52349 | |
| 52350 | |
| information certified and verified under this section shall be | 52351 |
| used to calculate payments under this chapter and Chapter 3306. | 52352 |
| of the Revised Code. | 52353 |
| (A) The superintendent of each city, local, and exempted | 52354 |
| village school district and of each educational service center | 52355 |
| shall, for the schools under the superintendent's supervision, | 52356 |
| certify to the state board of education on or before the fifteenth | 52357 |
| day of October in each year for the first full school week in | 52358 |
| October the average daily membership of students receiving | 52359 |
| services from schools under the superintendent's supervision, and | 52360 |
| the numbers of other students entitled to attend school in the | 52361 |
| district under section 3313.64 or 3313.65 of the Revised Code the | 52362 |
| superintendent is required to report under this section, so that | 52363 |
| the department of education can calculate the district's formula | 52364 |
|
ADM. | 52365 |
| 52366 | |
| 52367 | |
| 52368 | |
| supervision is closed for one or more days during that week due | 52369 |
| to hazardous weather conditions or other circumstances described | 52370 |
| in the first paragraph of division (A)(2) of section 3306.01 and | 52371 |
| the first paragraph of division (B) of section 3317.01 of the | 52372 |
| Revised Code, the superintendent may apply to the superintendent | 52373 |
| of public instruction for a waiver, under which the | 52374 |
| superintendent of public instruction may exempt the district | 52375 |
|
superintendent from
certifying the | 52376 |
| membership for that school for that week and specify an | 52377 |
|
alternate week for certifying
the | 52378 |
| membership of that school. | 52379 |
| The | 52380 |
| during such week shall consist of the sum of the following: | 52381 |
| (1) On an FTE basis, the number of students in grades | 52382 |
| kindergarten through twelve receiving any educational services | 52383 |
| from the district, except that the following categories of | 52384 |
| students shall not be included in the determination: | 52385 |
| (a) Students enrolled in adult education classes; | 52386 |
| (b) | 52387 |
| 52388 | |
| 52389 |
| | 52390 |
| compact, cooperative education agreement, or a contract, but who | 52391 |
| are entitled to attend school in another district pursuant to | 52392 |
| section 3313.64 or 3313.65 of the Revised Code; | 52393 |
| | 52394 |
| sections 3317.081 and 3323.141 of the Revised Code; | 52395 |
| | 52396 |
| scholarship awarded under section 3310.41 of the Revised Code. | 52397 |
| (2) On an FTE basis, | 52398 |
| 52399 | |
| in the district pursuant to section 3313.64 or 3313.65 of the | 52400 |
| Revised Code, but receiving educational services in grades | 52401 |
| kindergarten through twelve from one or more of the following | 52402 |
| entities: | 52403 |
| (a) | 52404 |
| 52405 | |
| 52406 | |
| 52407 |
| | 52408 |
| 3313.979 of the Revised Code as described in division (I)(2)(a) or | 52409 |
| (b) of this section; | 52410 |
| | 52411 |
| Code, except when the student is enrolled in the college while | 52412 |
|
also
enrolled in | 52413 |
| science, technology, engineering, and mathematics school | 52414 |
| 52415 | |
| section 3326.51 of the Revised Code; | 52416 |
| | 52417 |
| 52418 | |
| 52419 |
| | 52420 |
| district; | 52421 |
| | 52422 |
| agreement, compact, or contract; | 52423 |
| | 52424 |
| under section 3310.08 of the Revised Code; | 52425 |
| | 52426 |
| provider with a scholarship awarded under section 3310.41 of the | 52427 |
|
Revised Code. | 52428 |
| 52429 | |
| 52430 |
| As used in this section, "alternative public provider" and | 52431 |
| "registered private provider" have the same meanings as in section | 52432 |
|
3310.41 of the Revised Code | 52433 |
| | 52434 |
|
school | 52435 |
| provided in section 3326.51 of the Revised Code, including any | 52436 |
| participation in a college pursuant to Chapter 3365. of the | 52437 |
| Revised Code while enrolled in the school. | 52438 |
| (3) | 52439 |
|
a
joint
vocational school district | 52440 |
| 52441 | |
| school in the district under section 3313.64 or 3313.65 of the | 52442 |
| Revised Code who are enrolled in another school district through | 52443 |
|
an open enrollment
policy | 52444 |
| 52445 | |
| or under a vocational education compact; | 52446 |
| (4) The number of children with disabilities, other than | 52447 |
| preschool children with disabilities, entitled to attend school | 52448 |
| in the district pursuant to section 3313.64 or 3313.65 of the | 52449 |
| Revised Code who are placed by the district with a county MR/DD | 52450 |
| board, minus the number of such children placed with a county | 52451 |
| MR/DD board in fiscal year 1998. If this calculation produces a | 52452 |
| negative number, the number reported under division (A)(4) of | 52453 |
| this section shall be zero. | 52454 |
| | 52455 |
| 52456 | |
| 52457 | |
| 52458 | |
| 52459 | |
| 52460 |
| (B) To enable the department of education to obtain the data | 52461 |
| needed to complete the calculation of payments pursuant to this | 52462 |
| chapter and Chapter 3306. of the Revised Code, in addition to the | 52463 |
| 52464 | |
| report separately the following student counts for the same week | 52465 |
|
for which | 52466 |
| (1) The total average daily membership in regular learning | 52467 |
| day classes included in the report under division (A)(1) or (2) | 52468 |
|
of
this
section for each of the individual grades kindergarten | 52469 |
| 52470 | |
| superintendent's supervision; | 52471 |
| (2) The number of all preschool children with disabilities | 52472 |
| enrolled as of the first day of December in classes in the | 52473 |
| district that are eligible for approval under division (B) of | 52474 |
| section 3317.05 of the Revised Code and the number of those | 52475 |
| classes, which shall be reported not later than the fifteenth day | 52476 |
| of December, in accordance with rules adopted under that section; | 52477 |
| (3) The number of children entitled to attend school in the | 52478 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 52479 |
| Code who are: | 52480 |
| (a) Participating in a pilot project scholarship program | 52481 |
| established under sections 3313.974 to 3313.979 of the Revised | 52482 |
| Code as described in division (I)(2)(a) or (b) of this section; | 52483 |
| (b) Enrolled in a college under Chapter 3365. of the Revised | 52484 |
| Code, except when the student is enrolled in the college while | 52485 |
|
also
enrolled in | 52486 |
| science, technology, engineering, and mathematics school | 52487 |
| 52488 | |
| section 3326.51 of the Revised Code; | 52489 |
| (c) Enrolled in an adjacent or other school district under | 52490 |
| section 3313.98 of the Revised Code; | 52491 |
| (d) Enrolled in a community school established under Chapter | 52492 |
| 3314. of the Revised Code that is not an internet- or | 52493 |
| computer-based community school as defined in section 3314.02 of | 52494 |
| the Revised Code, including any participation in a college | 52495 |
| pursuant to Chapter 3365. of the Revised Code while enrolled in | 52496 |
| such community school; | 52497 |
| (e) Enrolled in an internet- or computer-based community | 52498 |
| school, as defined in section 3314.02 of the Revised Code, | 52499 |
| including any participation in a college pursuant to Chapter 3365. | 52500 |
| of the Revised Code while enrolled in the school; | 52501 |
| (f) Enrolled in a chartered nonpublic school with a | 52502 |
| scholarship paid under section 3310.08 of the Revised Code; | 52503 |
| (g) Enrolled in kindergarten through grade twelve in an | 52504 |
| alternative public provider or a registered private provider with | 52505 |
| a scholarship awarded under section 3310.41 of the Revised Code; | 52506 |
| (h) Enrolled as a preschool child with a disability in an | 52507 |
| alternative public provider or a registered private provider with | 52508 |
| a scholarship awarded under section 3310.41 of the Revised Code; | 52509 |
| (i) Participating in a program operated by a county MR/DD | 52510 |
| board or a state institution; | 52511 |
| (j) Enrolled in a science, technology, engineering, and | 52512 |
|
mathematics school | 52513 |
| governed as provided in section 3326.51 of the Revised Code, | 52514 |
| including any participation in a college pursuant to Chapter | 52515 |
| 3365. of the Revised Code while enrolled in the school. | 52516 |
| (4) The number of pupils enrolled in joint vocational | 52517 |
| schools; | 52518 |
| (5) The average daily membership of children with | 52519 |
| disabilities reported under division (A)(1) or (2) of this | 52520 |
| section receiving special education services for the category one | 52521 |
|
disability described
in division | 52522 |
| 3306.02 of the Revised Code; | 52523 |
| (6) The average daily membership of children with | 52524 |
| disabilities reported under division (A)(1) or (2) of this | 52525 |
| section receiving special education services for category two | 52526 |
|
disabilities described
in division
| 52527 |
| 3306.02 of the Revised Code; | 52528 |
| (7) The average daily membership of children with | 52529 |
| disabilities reported under division (A)(1) or (2) of this | 52530 |
| section receiving special education services for category three | 52531 |
|
disabilities described
in division
| 52532 |
| 3306.02 of the Revised Code; | 52533 |
| (8) The average daily membership of children with | 52534 |
| disabilities reported under division (A)(1) or (2) of this | 52535 |
| section receiving special education services for category four | 52536 |
|
disabilities described
in division (D)(4) of section
| 52537 |
| 3306.02 of the Revised Code; | 52538 |
| (9) The average daily membership of children with | 52539 |
| disabilities reported under division (A)(1) or (2) of this | 52540 |
| section receiving special education services for the category | 52541 |
|
five
disabilities described
in division | 52542 |
| 52543 |
| (10) The combined average daily membership of children with | 52544 |
| disabilities reported under division (A)(1) or (2) and under | 52545 |
| division (B)(3)(h) of this section receiving special education | 52546 |
| services for category six disabilities described in division | 52547 |
| 52548 | |
| including children attending a special education program operated | 52549 |
| by an alternative public provider or a registered private | 52550 |
| provider with a scholarship awarded under section 3310.41 of the | 52551 |
| Revised Code; | 52552 |
| (11) The average daily membership of pupils reported under | 52553 |
| division (A)(1) or (2) of this section enrolled in category one | 52554 |
| vocational education programs or classes, described in division | 52555 |
| (A) of section 3317.014 of the Revised Code, operated by the | 52556 |
| school district or by another district, other than a joint | 52557 |
| vocational school district, or by an educational service center, | 52558 |
| excluding any student reported under division (B)(3)(e) of this | 52559 |
| section as enrolled in an internet- or computer-based community | 52560 |
| school, notwithstanding division (C) of section 3317.02 of the | 52561 |
| Revised Code and division (C)(3) of this section; | 52562 |
| (12) The average daily membership of pupils reported under | 52563 |
| division (A)(1) or (2) of this section enrolled in category two | 52564 |
| vocational education programs or services, described in division | 52565 |
| (B) of section 3317.014 of the Revised Code, operated by the | 52566 |
| school district or another school district, other than a joint | 52567 |
| vocational school district, or by an educational service center, | 52568 |
| excluding any student reported under division (B)(3)(e) of this | 52569 |
| section as enrolled in an internet- or computer-based community | 52570 |
| school, notwithstanding division (C) of section 3317.02 of the | 52571 |
| Revised Code and division (C)(3) of this section; | 52572 |
| Beginning with fiscal year 2010, vocational education ADM | 52573 |
| shall not be used to calculate a district's funding but shall be | 52574 |
| reported under divisions (B)(11) and (12) of this section for | 52575 |
| statistical purposes. | 52576 |
| (13) The average number of children transported by the school | 52577 |
| district on board-owned or contractor-owned and -operated buses, | 52578 |
| reported in accordance with rules adopted by the department of | 52579 |
| education; | 52580 |
| (14)(a) The number of children, other than preschool children | 52581 |
| with disabilities, the district placed with a county MR/DD board | 52582 |
| in fiscal year 1998; | 52583 |
| (b) The number of children with disabilities, other than | 52584 |
| preschool children with disabilities, placed with a county MR/DD | 52585 |
| board in the current fiscal year to receive special education | 52586 |
| services for the category one disability described in division | 52587 |
| 52588 |
| (c) The number of children with disabilities, other than | 52589 |
| preschool children with disabilities, placed with a county MR/DD | 52590 |
| board in the current fiscal year to receive special education | 52591 |
| services for category two disabilities described in division | 52592 |
| 52593 |
| (d) The number of children with disabilities, other than | 52594 |
| preschool children with disabilities, placed with a county MR/DD | 52595 |
| board in the current fiscal year to receive special education | 52596 |
| services for category three disabilities described in division | 52597 |
| 52598 |
| (e) The number of children with disabilities, other than | 52599 |
| preschool children with disabilities, placed with a county MR/DD | 52600 |
| board in the current fiscal year to receive special education | 52601 |
| services for category four disabilities described in division | 52602 |
|
(D)(4)
of section
| 52603 |
| (f) The number of children with disabilities, other than | 52604 |
| preschool children with disabilities, placed with a county MR/DD | 52605 |
| board in the current fiscal year to receive special education | 52606 |
| services for the category five disabilities described in division | 52607 |
| 52608 |
| (g) The number of children with disabilities, other than | 52609 |
| preschool children with disabilities, placed with a county MR/DD | 52610 |
| board in the current fiscal year to receive special education | 52611 |
| services for category six disabilities described in division | 52612 |
| 52613 |
| (15) For the students reported under division (A)(1) of this | 52614 |
| section, the identity of the school district in which the student | 52615 |
| is entitled to attend school under section 3313.64 or 3313.65 of | 52616 |
| the Revised Code, by name of district or by a district | 52617 |
| identifying code or both, as required by the department for | 52618 |
| purposes of this division. | 52619 |
| (C)(1) | 52620 |
| 52621 | |
| divisions (B)(1) to (12) of this section shall be based upon the | 52622 |
| number of full-time equivalent students. The state board of | 52623 |
| education shall adopt rules defining full-time equivalent students | 52624 |
| and for determining the average daily membership therefrom for the | 52625 |
| purposes of divisions (A), (B), and (D) of this section. Each | 52626 |
| student enrolled in kindergarten shall be counted as one full-time | 52627 |
| equivalent student regardless of whether the student is enrolled | 52628 |
| in a part-day or all-day kindergarten class. | 52629 |
| (2) A student enrolled in | 52630 |
| 52631 | |
|
mathematics school | 52632 |
| governed as provided in section 3326.51 of the Revised Code | 52633 |
| shall be counted in the formula ADM and, if applicable, the | 52634 |
| category one, two, three, four, five, or six special education | 52635 |
| ADM of the school district in which the student is entitled to | 52636 |
| attend school under section 3313.64 or 3313.65 of the Revised | 52637 |
| Code for the same proportion of the school year that the student | 52638 |
|
is counted
in the
enrollment of
| 52639 |
| science, technology, engineering, and mathematics school for | 52640 |
|
purposes of
section
| 52641 |
| Notwithstanding the number of students reported pursuant to | 52642 |
|
division (B)(3) | 52643 |
| may adjust the formula ADM of a school district to account for | 52644 |
| students entitled to attend school in the district under | 52645 |
| section 3313.64 or 3313.65 of the Revised Code who are enrolled | 52646 |
|
in | 52647 |
| engineering, and mathematics school for only a portion of the | 52648 |
| school year. | 52649 |
| (3) No child shall be counted as more than a total of one | 52650 |
| child in the sum of the average daily memberships of a school | 52651 |
| district under division (A), divisions (B)(1) to (12), or division | 52652 |
| (D) of this section, except as follows: | 52653 |
| (a) A child with a disability described in division (D) of | 52654 |
|
section
| 52655 |
| in formula ADM and in category one, two, three, four, five, or | 52656 |
| six special education ADM and, if applicable, in category one or | 52657 |
| two vocational education ADM. As provided in division (C) of | 52658 |
| section 3317.02 of the Revised Code, such a child shall be counted | 52659 |
| in category one, two, three, four, five, or six special education | 52660 |
| ADM in the same proportion that the child is counted in formula | 52661 |
| ADM. | 52662 |
| (b) A child enrolled in vocational education programs or | 52663 |
| classes described in section 3317.014 of the Revised Code may be | 52664 |
| counted both in formula ADM and category one or two vocational | 52665 |
| education ADM and, if applicable, in category one, two, three, | 52666 |
| four, five, or six special education ADM. Such a child shall be | 52667 |
| counted in category one or two vocational education ADM in the | 52668 |
| same proportion as the percentage of time that the child spends in | 52669 |
| the vocational education programs or classes. | 52670 |
| (4) Based on the information reported under this section, the | 52671 |
| department of education shall determine the total student count, | 52672 |
| as defined in section 3301.011 of the Revised Code, for each | 52673 |
| school district. | 52674 |
| (D)(1) The superintendent of each joint vocational school | 52675 |
| district shall certify to the superintendent of public instruction | 52676 |
| on or before the fifteenth day of October in each year for the | 52677 |
| first full school week in October the formula ADM, for purposes of | 52678 |
| section 3318.42 of the Revised Code and for any other purpose | 52679 |
| prescribed by law for which "formula ADM" of the joint vocational | 52680 |
|
district is a factor. | 52681 |
| 52682 | |
| 52683 | |
| operated by the joint vocational school district is closed for | 52684 |
| one or more days during that week due to hazardous weather | 52685 |
| conditions or other circumstances described in the first | 52686 |
| paragraph of division (A)(2) of section 3306.01 or the first | 52687 |
| paragraph of division (B) of section 3317.01 of the Revised Code, | 52688 |
| the superintendent may apply to the superintendent of public | 52689 |
| instruction for a waiver, under which the superintendent of | 52690 |
| public instruction may exempt the district superintendent from | 52691 |
| certifying the formula ADM for that school for that week and | 52692 |
| specify an alternate week for certifying the formula ADM of that | 52693 |
| school. | 52694 |
| The formula ADM, except as otherwise provided in this | 52695 |
| division, shall consist of the average daily membership during | 52696 |
| such week, on an FTE basis, of the number of students receiving | 52697 |
| any educational services from the district, including students | 52698 |
| enrolled in a community school established under Chapter 3314. or | 52699 |
| a science, technology, engineering, and mathematics school | 52700 |
| established under Chapter 3326. of the Revised Code who are | 52701 |
| attending the joint vocational district under an agreement | 52702 |
| between the district board of education and the governing | 52703 |
| authority of the community school or the governing body of the | 52704 |
| science, technology, engineering, and mathematics school and are | 52705 |
| entitled to attend school in a city, local, or exempted village | 52706 |
| school district whose territory is part of the territory of the | 52707 |
|
joint
vocational
district. | 52708 |
| 52709 | |
| 52710 | |
| 52711 | |
| 52712 | |
| 52713 | |
| 52714 | |
| 52715 |
| The following categories of students shall not be included in | 52716 |
| the determination made under division (D)(1) of this section: | 52717 |
| (a) Students enrolled in adult education classes; | 52718 |
| (b) | 52719 |
| 52720 | |
| 52721 |
| | 52722 |
| compact, cooperative education agreement, or a contract, but who | 52723 |
| are entitled to attend school in a city, local, or exempted | 52724 |
| village school district whose territory is not part of the | 52725 |
| territory of the joint vocational district; | 52726 |
| | 52727 |
| sections 3317.081 and 3323.141 of the Revised Code. | 52728 |
| (2) | 52729 |
| 52730 | |
| 52731 | |
| shall report separately the average daily membership included in | 52732 |
| the report under division (D)(1) of this section for each of the | 52733 |
| following categories of students for the same week for which | 52734 |
| formula ADM is certified: | 52735 |
| (a) Students enrolled in each individual grade included in | 52736 |
| the joint vocational district schools; | 52737 |
| (b) Children with disabilities receiving special education | 52738 |
| services for the category one disability described in division | 52739 |
| 52740 |
| (c) Children with disabilities receiving special education | 52741 |
| services for the category two disabilities described in division | 52742 |
| 52743 |
| (d) Children with disabilities receiving special education | 52744 |
| services for category three disabilities described in division | 52745 |
| 52746 |
| (e) Children with disabilities receiving special education | 52747 |
| services for category four disabilities described in division | 52748 |
|
(D)(4)
of section
| 52749 |
| (f) Children with disabilities receiving special education | 52750 |
| services for the category five disabilities described in division | 52751 |
| 52752 |
| (g) Children with disabilities receiving special education | 52753 |
| services for category six disabilities described in division | 52754 |
| 52755 |
| (h) Students receiving category one vocational education | 52756 |
| services, described in division (A) of section 3317.014 of the | 52757 |
| Revised Code; | 52758 |
| (i) Students receiving category two vocational education | 52759 |
| services, described in division (B) of section 3317.014 of the | 52760 |
| Revised Code. | 52761 |
| The superintendent of each joint vocational school district | 52762 |
| shall also indicate the city, local, or exempted village school | 52763 |
| district in which each joint vocational district pupil is entitled | 52764 |
| to attend school pursuant to section 3313.64 or 3313.65 of the | 52765 |
| Revised Code. | 52766 |
| (E) In each school of each city, local, exempted village, | 52767 |
| joint vocational, and cooperative education school district there | 52768 |
| shall be maintained a record of school membership, which record | 52769 |
| shall accurately show, for each day the school is in session, the | 52770 |
| actual membership enrolled in regular day classes. For the purpose | 52771 |
| of determining average daily membership, the membership figure of | 52772 |
| any school shall not include any pupils except those pupils | 52773 |
| described by division (A) of this section. The record of | 52774 |
| membership for each school shall be maintained in such manner that | 52775 |
| no pupil shall be counted as in membership prior to the actual | 52776 |
| date of entry in the school and also in such manner that where for | 52777 |
| any cause a pupil permanently withdraws from the school that pupil | 52778 |
| shall not be counted as in membership from and after the date of | 52779 |
| such withdrawal. There shall not be included in the membership of | 52780 |
| any school any of the following: | 52781 |
| (1) Any pupil who has graduated from the twelfth grade of a | 52782 |
| public or nonpublic high school; | 52783 |
| (2) Any pupil who is not a resident of the state; | 52784 |
| (3) Any pupil who was enrolled in the schools of the district | 52785 |
|
during the previous school year when | 52786 |
| administered under section 3301.0711 of the Revised Code but did | 52787 |
|
not take one or more
of the | 52788 |
| section and was not excused pursuant to division (C)(1) or (3) of | 52789 |
| that section; | 52790 |
| (4) Any pupil who has attained the age of twenty-two years, | 52791 |
| except for veterans of the armed services whose attendance was | 52792 |
| interrupted before completing the recognized twelve-year course of | 52793 |
| the public schools by reason of induction or enlistment in the | 52794 |
| armed forces and who apply for reenrollment in the public school | 52795 |
| system of their residence not later than four years after | 52796 |
| termination of war or their honorable discharge. | 52797 |
| If, however, any veteran described by division (E)(4) of this | 52798 |
| section elects to enroll in special courses organized for veterans | 52799 |
| for whom tuition is paid under the provisions of federal laws, or | 52800 |
| otherwise, that veteran shall not be included in average daily | 52801 |
| membership. | 52802 |
| Notwithstanding division (E)(3) of this section, the | 52803 |
|
membership of any school may include a pupil who did not take | 52804 |
| 52805 | |
| Code if the superintendent of public instruction grants a waiver | 52806 |
|
from the
requirement to take the | 52807 |
| pupil and a parent is not paying tuition for the pupil pursuant | 52808 |
| to section 3313.6410 of the Revised Code. The superintendent may | 52809 |
| grant such a waiver only for good cause in accordance with rules | 52810 |
| adopted by the state board of education. | 52811 |
| Except as provided in divisions (B)(2) and (F) of this | 52812 |
| section, the average daily membership figure of any local, city, | 52813 |
| exempted village, or joint vocational school district shall be | 52814 |
| determined by dividing the figure representing the sum of the | 52815 |
| number of pupils enrolled during each day the school of attendance | 52816 |
| is actually open for instruction during the week for which the | 52817 |
| 52818 | |
| total number of days the school was actually open for instruction | 52819 |
| during that week. For purposes of state funding, "enrolled" | 52820 |
| persons are only those pupils who are attending school, those who | 52821 |
| have attended school during the current school year and are | 52822 |
| absent for authorized reasons, and those children with | 52823 |
| disabilities currently receiving home instruction. | 52824 |
| The average daily membership figure of any cooperative | 52825 |
| education school district shall be determined in accordance with | 52826 |
| rules adopted by the state board of education. | 52827 |
| (F)(1) If the formula ADM for the first full school week in | 52828 |
| February is at least three per cent greater than that certified | 52829 |
| for the first full school week in the preceding October, the | 52830 |
| superintendent of schools of any city, exempted village, or joint | 52831 |
| vocational school district or educational service center shall | 52832 |
| certify such increase to the superintendent of public instruction. | 52833 |
| Such certification shall be submitted no later than the fifteenth | 52834 |
| day of February. For the balance of the fiscal year, beginning | 52835 |
| with the February payments, the superintendent of public | 52836 |
| instruction shall use the increased formula ADM in calculating or | 52837 |
| recalculating the amounts to be allocated in accordance with | 52838 |
| section 3317.022 or 3317.16 of the Revised Code. In no event | 52839 |
| shall the superintendent use an increased membership certified | 52840 |
| to the superintendent after the fifteenth day of February. | 52841 |
| Division (F)(1) of this section does not apply after fiscal year | 52842 |
| 2006. | 52843 |
| (2) If on the first school day of April the total number of | 52844 |
| classes or units for preschool children with disabilities that | 52845 |
| are eligible for approval under division (B) of section 3317.05 | 52846 |
| of the Revised Code exceeds the number of units that have been | 52847 |
| approved for the year under that division, the superintendent of | 52848 |
| schools of any city, exempted village, or cooperative education | 52849 |
| school district or educational service center shall make the | 52850 |
| certifications required by this section for that day. If the | 52851 |
| department determines additional units can be approved for the | 52852 |
| fiscal year within any limitations set forth in the acts | 52853 |
| appropriating moneys for the funding of such units, the | 52854 |
| department shall approve additional units for the fiscal year on | 52855 |
| the basis of such average daily membership. For each unit so | 52856 |
| approved, the department shall pay an amount computed in the | 52857 |
| manner prescribed in section 3317.052 or 3317.19 and section | 52858 |
| 3317.053 of the Revised Code. | 52859 |
| (3) If a student attending | 52860 |
| 52861 | |
|
school | 52862 |
| provided in section 3326.51 of the Revised Code is not included | 52863 |
| in the formula ADM certified for the school district in which the | 52864 |
| student is entitled to attend school under section 3313.64 or | 52865 |
| 3313.65 of the Revised Code, the department of education shall | 52866 |
| adjust the formula ADM of that school district to include the | 52867 |
| student in accordance with division (C)(2) of this section, and | 52868 |
| shall recalculate the school district's payments under this | 52869 |
| chapter and Chapter 3306. of the Revised Code for the entire | 52870 |
| fiscal year on the basis of that adjusted formula ADM. This | 52871 |
| requirement applies regardless of whether the student was | 52872 |
|
enrolled, as
defined
in division (E) of
this section, in | 52873 |
| 52874 | |
| mathematics school during the week for which the formula ADM is | 52875 |
| being certified. | 52876 |
| (4) If a student awarded an educational choice scholarship is | 52877 |
| not included in the formula ADM of the school district from which | 52878 |
| the department deducts funds for the scholarship under section | 52879 |
| 3310.08 of the Revised Code, the department shall adjust the | 52880 |
| formula ADM of that school district to include the student to the | 52881 |
| extent necessary to account for the deduction, and shall | 52882 |
| recalculate the school district's payments under this chapter and | 52883 |
| Chapter 3306. of the Revised Code for the entire fiscal year on | 52884 |
| the basis of that adjusted formula ADM. This requirement applies | 52885 |
| regardless of whether the student was enrolled, as defined in | 52886 |
| division (E) of this section, in the chartered nonpublic school, | 52887 |
| the school district, or a community school during the week for | 52888 |
| which the formula ADM is being certified. | 52889 |
| (G)(1)(a) The superintendent of an institution operating a | 52890 |
| special education program pursuant to section 3323.091 of the | 52891 |
| Revised Code shall, for the programs under such superintendent's | 52892 |
| supervision, certify to the state board of education, in the | 52893 |
| manner prescribed by the superintendent of public instruction, | 52894 |
| both of the following: | 52895 |
| (i) The average daily membership of all children with | 52896 |
| disabilities other than preschool children with disabilities | 52897 |
| receiving services at the institution for each category of | 52898 |
|
disability described in divisions
| 52899 |
|
section | 52900 |
| (ii) The average daily membership of all preschool children | 52901 |
| with disabilities in classes or programs approved annually by the | 52902 |
| department of education for unit funding under section 3317.05 of | 52903 |
| the Revised Code. | 52904 |
| (b) The superintendent of an institution with vocational | 52905 |
| education units approved under division (A) of section 3317.05 of | 52906 |
| the Revised Code shall, for the units under the superintendent's | 52907 |
| supervision, certify to the state board of education the average | 52908 |
| daily membership in those units, in the manner prescribed by the | 52909 |
| superintendent of public instruction. | 52910 |
| (2) The superintendent of each county MR/DD board that | 52911 |
| maintains special education classes under section 3317.20 of the | 52912 |
| Revised Code or units approved pursuant to section 3317.05 of the | 52913 |
| Revised Code shall do both of the following: | 52914 |
| (a) Certify to the state board, in the manner prescribed by | 52915 |
| the board, the average daily membership in classes under section | 52916 |
| 3317.20 of the Revised Code for each school district that has | 52917 |
| placed children in the classes; | 52918 |
| (b) Certify to the state board, in the manner prescribed by | 52919 |
| the board, the number of all preschool children with disabilities | 52920 |
| enrolled as of the first day of December in classes eligible for | 52921 |
| approval under division (B) of section 3317.05 of the Revised | 52922 |
| Code, and the number of those classes. | 52923 |
| (3)(a) If on the first school day of April the number of | 52924 |
| classes or units maintained for preschool children with | 52925 |
| disabilities by the county MR/DD board that are eligible for | 52926 |
| approval under division (B) of section 3317.05 of the Revised Code | 52927 |
| is greater than the number of units approved for the year under | 52928 |
| that division, the superintendent shall make the certification | 52929 |
| required by this section for that day. | 52930 |
| (b) If the department determines that additional classes or | 52931 |
| units can be approved for the fiscal year within any limitations | 52932 |
| set forth in the acts appropriating moneys for the funding of the | 52933 |
| classes and units described in division (G)(3)(a) of this section, | 52934 |
| the department shall approve and fund additional units for the | 52935 |
| fiscal year on the basis of such average daily membership. For | 52936 |
| each unit so approved, the department shall pay an amount computed | 52937 |
| in the manner prescribed in sections 3317.052 and 3317.053 of the | 52938 |
| Revised Code. | 52939 |
| (H) Except as provided in division (I) of this section, when | 52940 |
| any city, local, or exempted village school district provides | 52941 |
| instruction for a nonresident pupil whose attendance is | 52942 |
| unauthorized attendance as defined in section 3327.06 of the | 52943 |
| Revised Code, that pupil's membership shall not be included in | 52944 |
| that district's membership figure used in the calculation of that | 52945 |
| district's formula ADM or included in the determination of any | 52946 |
| unit approved for the district under section 3317.05 of the | 52947 |
| Revised Code. The reporting official shall report separately the | 52948 |
| average daily membership of all pupils whose attendance in the | 52949 |
| district is unauthorized attendance, and the membership of each | 52950 |
| such pupil shall be credited to the school district in which the | 52951 |
| pupil is entitled to attend school under division (B) of section | 52952 |
| 3313.64 or section 3313.65 of the Revised Code as determined by | 52953 |
| the department of education. | 52954 |
| (I)(1) A city, local, exempted village, or joint vocational | 52955 |
| school district admitting a scholarship student of a pilot project | 52956 |
| district pursuant to division (C) of section 3313.976 of the | 52957 |
| Revised Code may count such student in its average daily | 52958 |
| membership. | 52959 |
| (2) In any year for which funds are appropriated for pilot | 52960 |
| project scholarship programs, a school district implementing a | 52961 |
| state-sponsored pilot project scholarship program that year | 52962 |
| pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 52963 |
| count in average daily membership: | 52964 |
| (a) All children residing in the district and utilizing a | 52965 |
| scholarship to attend kindergarten in any alternative school, as | 52966 |
| defined in section 3313.974 of the Revised Code; | 52967 |
| (b) All children who were enrolled in the district in the | 52968 |
| preceding year who are utilizing a scholarship to attend any such | 52969 |
| alternative school. | 52970 |
| (J) The superintendent of each cooperative education school | 52971 |
| district shall certify to the superintendent of public | 52972 |
| instruction, in a manner prescribed by the state board of | 52973 |
| education, the applicable average daily memberships for all | 52974 |
| students in the cooperative education district, also indicating | 52975 |
| the city, local, or exempted village district where each pupil is | 52976 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 52977 |
| Revised Code. | 52978 |
| (K) If the superintendent of public instruction determines | 52979 |
|
that a component of the | 52980 |
| certified or reported by a district superintendent, or other | 52981 |
| reporting entity, is not correct, the superintendent of public | 52982 |
| instruction may order that the formula ADM used for the purposes | 52983 |
| of payments under any section of Title XXXIII of the Revised Code | 52984 |
| be adjusted in the amount of the error. | 52985 |
| Sec. 3317.031. A membership record shall be kept by grade | 52986 |
| level in each city, local, exempted village, joint vocational, and | 52987 |
| cooperative education school district and such a record shall be | 52988 |
| kept by grade level in each educational service center that | 52989 |
| provides academic instruction to pupils, classes for pupils with | 52990 |
| disabilities, or any other direct instructional services to | 52991 |
| pupils. Such membership record shall show the following | 52992 |
| information for each pupil enrolled: Name, date of birth, name of | 52993 |
| parent, date entered school, date withdrawn from school, days | 52994 |
| present, days absent, and the number of days school was open for | 52995 |
| instruction while the pupil was enrolled. At the end of the | 52996 |
| school year this membership record shall show the total days | 52997 |
| present, the total days absent, and the total days due for all | 52998 |
| pupils in each grade. Such membership record shall show the | 52999 |
| pupils that are transported to and from school and it shall also | 53000 |
| show the pupils that are transported living within one mile of the | 53001 |
| school attended. This membership record shall also show any other | 53002 |
| information prescribed by the state board of education. | 53003 |
| This membership record shall be kept intact for at least five | 53004 |
| years and shall be made available to the state board of education | 53005 |
| or its representative in making an audit of the average daily | 53006 |
| membership or the transportation of the district or educational | 53007 |
| service center. The membership records of local school districts | 53008 |
| shall be filed at the close of each school year in the office of | 53009 |
| the educational service center superintendent. | 53010 |
| The state board of education may withhold any money due any | 53011 |
|
school district or educational service center under | 53012 |
| 53013 | |
| chapter and Chapter 3306. of the Revised Code until it has | 53014 |
| satisfactory evidence that the board of education or educational | 53015 |
| service center governing board has fully complied with all of the | 53016 |
| provisions of this section. | 53017 |
| Nothing in this section shall require any person to release, | 53018 |
| or to permit access to, public school records in violation of | 53019 |
| section 3319.321 of the Revised Code. | 53020 |
| Sec. 3317.04. The amount paid to school districts in each | 53021 |
|
fiscal year under | 53022 |
| Code shall not be less than the following: | 53023 |
| (A) In the case of a district created under section 3311.26 | 53024 |
| or 3311.37 of the Revised Code, the amount paid shall not be less, | 53025 |
| in any of the three succeeding fiscal years following the | 53026 |
|
creation, than the sum of the amounts allocated under | 53027 |
| Chapters 3306. and 3317. of the Revised Code to the districts | 53028 |
| separately in the year of the creation. | 53029 |
| (B) In the case of a school district which is transferred to | 53030 |
| another school district or districts, pursuant to section 3311.22, | 53031 |
| 3311.231, or 3311.38 of the Revised Code, the amount paid to the | 53032 |
| district accepting the transferred territory shall not be less, in | 53033 |
| any of the three succeeding fiscal years following the transfer, | 53034 |
|
than the sum of the amounts allocated
under | 53035 |
| and 3317. of the Revised Code to the districts separately in the | 53036 |
| year of the consummation of the transfer. | 53037 |
| Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37, | 53038 |
| and 3311.38 of the Revised Code, the minimum guarantees prescribed | 53039 |
| by divisions (A) and (B) of this section shall not affect the | 53040 |
| amount of aid received by a school district for more than three | 53041 |
| consecutive years. | 53042 |
| Sec. 3317.05. (A) For the purpose of calculating payments | 53043 |
| under sections 3317.052 and 3317.053 of the Revised Code, the | 53044 |
| department of education shall determine for each institution, by | 53045 |
| the last day of January of each year and based on information | 53046 |
| certified under section 3317.03 of the Revised Code, the number of | 53047 |
| vocational education units or fractions of units approved by the | 53048 |
| department on the basis of standards and rules adopted by the | 53049 |
| state board of education. As used in this division, "institution" | 53050 |
| means an institution operated by a department specified in section | 53051 |
| 3323.091 of the Revised Code and that provides vocational | 53052 |
| education programs under the supervision of the division of | 53053 |
| vocational education of the department that meet the standards | 53054 |
| and rules for these programs, including licensure of professional | 53055 |
| staff involved in the programs, as established by the state | 53056 |
| board. | 53057 |
| (B) For the purpose of calculating payments under sections | 53058 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 53059 |
| department shall determine, based on information certified under | 53060 |
| section 3317.03 of the Revised Code, the following by the last day | 53061 |
| of January of each year for each educational service center, for | 53062 |
| each school district, including each cooperative education school | 53063 |
| district, for each institution eligible for payment under section | 53064 |
| 3323.091 of the Revised Code, and for each county MR/DD board: the | 53065 |
| number of classes operated by the school district, service center, | 53066 |
| institution, or county MR/DD board for preschool children with | 53067 |
| disabilities, or fraction thereof, including in the case of a | 53068 |
| district or service center that is a funding agent, classes | 53069 |
| taught by a licensed teacher employed by that district or service | 53070 |
| center under section 3313.841 of the Revised Code, approved | 53071 |
| annually by the department on the basis of standards and rules | 53072 |
| adopted by the state board. | 53073 |
| (C) For the purpose of calculating payments under sections | 53074 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 53075 |
| department shall determine, based on information certified under | 53076 |
| section 3317.03 of the Revised Code, the following by the last day | 53077 |
| of January of each year for each school district, including each | 53078 |
| cooperative education school district, for each institution | 53079 |
| eligible for payment under section 3323.091 of the Revised Code, | 53080 |
| and for each county MR/DD board: the number of units for related | 53081 |
| services, as defined in section 3323.01 of the Revised Code, for | 53082 |
| preschool children with disabilities approved annually by the | 53083 |
| department on the basis of standards and rules adopted by the | 53084 |
| state board. | 53085 |
| (D) All of the arithmetical calculations made under this | 53086 |
| section shall be carried to the second decimal place. The total | 53087 |
| number of units for school districts, service centers, and | 53088 |
| institutions approved annually under this section shall not exceed | 53089 |
| the number of units included in the estimate of cost for these | 53090 |
| units and appropriations made for them by the general assembly. | 53091 |
| In the case of units for preschool children with | 53092 |
| disabilities described in division (B) of this section, the | 53093 |
| department shall approve only preschool units for children who | 53094 |
| are under age six on the thirtieth day of September of the | 53095 |
| academic year, or on the first day of August of the academic year | 53096 |
| if the school district in which the child is enrolled has adopted | 53097 |
| a resolution under division (A)(3) of section 3321.01 of the | 53098 |
| Revised Code, but not less than age three on the first day of | 53099 |
| December of the academic year, except that such a unit may | 53100 |
| include one or more children who are under age three or are age | 53101 |
| six or over on the applicable date, as reported under division | 53102 |
| (B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if | 53103 |
| such children have been admitted to the unit pursuant to rules of | 53104 |
| the state board. The number of units for county MR/DD boards and | 53105 |
| institutions eligible for payment under section 3323.091 of the | 53106 |
| Revised Code approved under this section shall not exceed the | 53107 |
| number that can be funded with appropriations made for such | 53108 |
| purposes by the general assembly. | 53109 |
| No unit shall be approved under divisions (B) and (C) of this | 53110 |
| section unless a plan has been submitted and approved under | 53111 |
| Chapter 3323. of the Revised Code. | 53112 |
| | 53113 |
| 53114 | |
| 53115 |
| Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and | 53116 |
|
3317.11
of the Revised Code, a unit funded pursuant to | 53117 |
| 53118 | |
| the Revised Code shall not be approved for state funding in one | 53119 |
| school district, including any cooperative education school | 53120 |
| district or any educational service center, to the extent that | 53121 |
| such unit provides programs in or services to another district | 53122 |
| which receives payment pursuant to section 3317.04 of the Revised | 53123 |
| Code. | 53124 |
| (2) Any city, local, exempted village, or cooperative | 53125 |
| education school district or any educational service center may | 53126 |
| combine partial unit eligibility for programs for preschool | 53127 |
| children with disabilities pursuant to section 3317.05 of the | 53128 |
| Revised Code, and such combined partial units may be approved for | 53129 |
| state funding in one school district or service center. | 53130 |
| (B) After units have been initially approved for any fiscal | 53131 |
| year under section 3317.05 of the Revised Code, no unit shall be | 53132 |
| subsequently transferred from a school district or educational | 53133 |
| service center to another city, exempted village, local, or | 53134 |
| cooperative education school district or educational service | 53135 |
| center or to an institution or county MR/DD board solely for the | 53136 |
| purpose of reducing the financial obligations of the school | 53137 |
| district in a fiscal year it receives payment pursuant to section | 53138 |
| 3317.04 of the Revised Code. | 53139 |
| Sec. 3317.053. (A) As used in this section: | 53140 |
| (1)
| 53141 |
| 53142 |
| | 53143 |
| table for the corresponding type of unit: | 53144 |
| TYPE OF UNIT | DOLLAR AMOUNT | 53145 | |||
| Division (B) of section 3317.05 | 53146 | ||||
| of the Revised Code | $8,334 | 53147 | |||
| Division (C) of that section | $3,234 | 53148 | |||
| |
53149 |
| | 53150 |
| following table for the corresponding type of unit: | 53151 |
| TYPE OF UNIT | AVERAGE UNIT AMOUNT | 53152 | |||
| Division (B) of section 3317.05 | 53153 | ||||
| of the Revised Code | $7,799 | 53154 | |||
| Division (C) of that section | $2,966 | 53155 | |||
| |
53156 |
| (B) In the case of each unit described in division (B) | 53157 |
|
(C) | 53158 |
| to a city, local, or exempted village school district, the | 53159 |
| department of education, in addition to the amounts specified in | 53160 |
| 53161 | |
| of the Revised Code, shall pay a supplemental unit allowance equal | 53162 |
| to the sum of the following amounts: | 53163 |
| (1) An amount equal to 50% of the average unit amount for the | 53164 |
| unit; | 53165 |
| (2) An amount equal to the percentage of the dollar amount | 53166 |
| for the unit that equals the district's state share percentage. | 53167 |
| If, prior to the fifteenth day of May of a fiscal year, a | 53168 |
|
school district's
aid | 53169 |
| 53170 | |
| 3317.028 of the Revised Code, the department shall also recompute | 53171 |
| the district's entitlement to payment under this section utilizing | 53172 |
| a new state share percentage. Such new state share percentage | 53173 |
| shall be determined using the district's recomputed basic aid | 53174 |
| amount pursuant to section 3317.027 or 3317.028 of the Revised | 53175 |
| Code. During the last six months of the fiscal year, the | 53176 |
| department shall pay the district a sum equal to one-half of the | 53177 |
| recomputed payment in lieu of one-half the payment otherwise | 53178 |
| calculated under this section. | 53179 |
| (C)(1) In the case of each unit allocated to an institution | 53180 |
| pursuant to division (A) of section 3317.05 of the Revised Code, | 53181 |
| the department, in addition to the amount specified in section | 53182 |
| 3317.052 of the Revised Code, shall pay a supplemental unit | 53183 |
| allowance of $7,227. | 53184 |
| (2) In the case of each unit described in division (B) of | 53185 |
| section 3317.05 of the Revised Code that is allocated to any | 53186 |
| entity other than a city, exempted village, or local school | 53187 |
| district, the department, in addition to the amount specified in | 53188 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 53189 |
| unit allowance of $7,799. | 53190 |
| (3) In the case of each unit described in division (C) of | 53191 |
| section 3317.05 of the Revised Code and allocated to any entity | 53192 |
| other than a city, exempted village, or local school district, the | 53193 |
| department, in addition to the amounts specified in section | 53194 |
| 3317.052 of the Revised Code, shall pay a supplemental unit | 53195 |
| allowance of $2,966. | 53196 |
| | 53197 |
| 53198 | |
| 53199 | |
| 53200 | |
| 53201 |
| Sec. 3317.061. The superintendent of each school district, | 53202 |
| including each cooperative education and joint vocational school | 53203 |
| district and the superintendent of each educational service | 53204 |
| center, shall, on forms prescribed and furnished by the state | 53205 |
| board of education, certify to the state board of education, on or | 53206 |
| before the fifteenth day of October of each year, the name of each | 53207 |
| licensed employee employed, on an annual salary, in each school | 53208 |
| under such superintendent's supervision during the first full | 53209 |
| school week of said month of October, the number of years of | 53210 |
| recognized college training such licensed employee has completed, | 53211 |
| the college degrees from a recognized college earned by such | 53212 |
| licensed employee, the type of teaching license held by such | 53213 |
| licensed employee, the number of months such licensed employee is | 53214 |
| employed in the school district, the annual salary of such | 53215 |
| licensed employee, and such other information as the state board | 53216 |
|
of education may
request. For the purposes of | 53217 |
| 3306. and 3317. of the Revised Code, a licensed employee is any | 53218 |
| employee in a position that requires a license issued pursuant to | 53219 |
| sections 3319.22 to 3319.31 of the Revised Code. | 53220 |
| Pursuant to standards adopted by the state board of | 53221 |
| education, experience of vocational teachers in trade and industry | 53222 |
| shall be recognized by such board for the purpose of complying | 53223 |
| with the requirements of recognized college training provided by | 53224 |
| 53225 |
| Sec. 3317.063. The superintendent of public instruction, in | 53226 |
| accordance with rules adopted by the department of education, | 53227 |
| shall annually reimburse each chartered nonpublic school for the | 53228 |
| actual mandated service administrative and clerical costs incurred | 53229 |
| by such school during the preceding school year in preparing, | 53230 |
| maintaining, and filing reports, forms, and records, and in | 53231 |
| providing such other administrative and clerical services that are | 53232 |
| not an integral part of the teaching process as may be required by | 53233 |
| state law or rule or by requirements duly promulgated by city, | 53234 |
| exempted village, or local school districts. The mandated service | 53235 |
| costs reimbursed pursuant to this section shall include, but are | 53236 |
| not limited to, the preparation, filing and maintenance of forms, | 53237 |
| reports, or records and other clerical and administrative services | 53238 |
| relating to state chartering or approval of the nonpublic school, | 53239 |
| pupil attendance, pupil health and health testing, transportation | 53240 |
| of pupils, federally funded education programs, pupil appraisal, | 53241 |
| pupil progress, educator licensure, unemployment and workers' | 53242 |
| compensation, transfer of pupils, and such other education related | 53243 |
| data which are now or hereafter shall be required of such | 53244 |
| nonpublic school by state law or rule, or by requirements of the | 53245 |
| state department of education, other state agencies, or city, | 53246 |
| exempted village, or local school districts. | 53247 |
| The reimbursement required by this section shall be for | 53248 |
| school years beginning on or after July 1, 1981. | 53249 |
| Each nonpublic school which seeks reimbursement pursuant to | 53250 |
| this section shall submit to the superintendent of public | 53251 |
| instruction an application together with such additional reports | 53252 |
| and documents as the department of education may require. Such | 53253 |
| application, reports, and documents shall contain such information | 53254 |
| as the department of education may prescribe in order to carry out | 53255 |
| the purposes of this section. No payment shall be made until the | 53256 |
| superintendent of public instruction has approved such | 53257 |
| application. | 53258 |
| Each nonpublic school which applies for reimbursement | 53259 |
| pursuant to this section shall maintain a separate account or | 53260 |
| system of accounts for the expenses incurred in rendering the | 53261 |
| required services for which reimbursement is sought. Such accounts | 53262 |
| shall contain such information as is required by the department of | 53263 |
| education and shall be maintained in accordance with rules adopted | 53264 |
| by the department of education. | 53265 |
| Reimbursement payments to a nonpublic school pursuant to this | 53266 |
| section shall not exceed an amount for each school year equal to | 53267 |
| three hundred twenty-five dollars per pupil enrolled in that | 53268 |
| nonpublic school. | 53269 |
| The superintendent of public instruction may, from time to | 53270 |
| time, examine any and all accounts and records of a nonpublic | 53271 |
| school which have been maintained pursuant to this section in | 53272 |
| support of an application for reimbursement, for the purpose of | 53273 |
| determining the costs to such school of rendering the services for | 53274 |
| which reimbursement is sought. If after such audit it is | 53275 |
| determined that any school has received funds in excess of the | 53276 |
| actual cost of providing such services, said school shall | 53277 |
| immediately reimburse the state in such excess amount. | 53278 |
| Any payments made to chartered nonpublic schools under this | 53279 |
| section may be disbursed without submission to and approval of the | 53280 |
| controlling board. | 53281 |
| Sec. 3317.08. A board of education may admit to its schools | 53282 |
| a child it is not required by section 3313.64 or 3313.65 of the | 53283 |
| Revised Code to admit, if tuition is paid for the child. | 53284 |
| Unless otherwise provided by law, tuition shall be computed | 53285 |
| in accordance with this section. A district's tuition charge for a | 53286 |
| school year shall be one of the following: | 53287 |
| (A) For any child, except a preschool child with a | 53288 |
| disability described in division (B) of this section, the | 53289 |
| quotient obtained by dividing the sum of the amounts described in | 53290 |
| divisions (A)(1) and (2) of this section by the district's formula | 53291 |
| ADM. | 53292 |
| (1) The district's total taxes charged and payable for | 53293 |
| current expenses for the tax year preceding the tax year in which | 53294 |
| the school year begins as certified under division (A)(3) of | 53295 |
| section 3317.021 of the Revised Code. | 53296 |
| (2) The district's total taxes collected for current expenses | 53297 |
| under a school district income tax adopted pursuant to section | 53298 |
| 5748.03 or 5748.08 of the Revised Code that are disbursed to the | 53299 |
| district during the fiscal year, excluding any income tax receipts | 53300 |
| allocated for the project cost, debt service, or maintenance | 53301 |
| set-aside associated with a state-assisted classroom facilities | 53302 |
| project as authorized by section 3318.052 of the Revised Code. On | 53303 |
| or before the first day of June of each year, the tax commissioner | 53304 |
| shall certify the amount to be used in the calculation under this | 53305 |
| division for the next fiscal year to the department of education | 53306 |
| and the office of budget and management for each city, local, and | 53307 |
| exempted village school district that levies a school district | 53308 |
| income tax. | 53309 |
| (B) For any preschool child with a disability not included | 53310 |
| in a unit approved under division (B) of section 3317.05 of the | 53311 |
| Revised Code, an amount computed for the school year as follows: | 53312 |
| (1) For each type of special education service provided to | 53313 |
| the child for whom tuition is being calculated, determine the | 53314 |
| amount of the district's operating expenses in providing that type | 53315 |
| of service to all preschool children with disabilities not | 53316 |
| included in units approved under division (B) of section 3317.05 | 53317 |
| of the Revised Code; | 53318 |
| (2) For each type of special education service for which | 53319 |
| operating expenses are determined under division (B)(1) of this | 53320 |
| section, determine the amount of such operating expenses that was | 53321 |
| paid from any state funds received under this chapter; | 53322 |
| (3) For each type of special education service for which | 53323 |
| operating expenses are determined under division (B)(1) of this | 53324 |
| section, divide the difference between the amount determined under | 53325 |
| division (B)(1) of this section and the amount determined under | 53326 |
| division (B)(2) of this section by the total number of preschool | 53327 |
| children with disabilities not included in units approved under | 53328 |
| division (B) of section 3317.05 of the Revised Code who received | 53329 |
| that type of service; | 53330 |
| (4) Determine the sum of the quotients obtained under | 53331 |
| division (B)(3) of this section for all types of special education | 53332 |
| services provided to the child for whom tuition is being | 53333 |
| calculated. | 53334 |
| The state board of education shall adopt rules defining the | 53335 |
| types of special education services and specifying the operating | 53336 |
| expenses to be used in the computation under this section. | 53337 |
| If any child for whom a tuition charge is computed under this | 53338 |
| section for any school year is enrolled in a district for only | 53339 |
| part of that school year, the amount of the district's tuition | 53340 |
| charge for the child for the school year shall be computed in | 53341 |
| proportion to the number of school days the child is enrolled in | 53342 |
| the district during the school year. | 53343 |
| Except as otherwise provided in division (J) of section | 53344 |
| 3313.64 of the Revised Code, whenever a district admits a child to | 53345 |
| its schools for whom tuition computed in accordance with this | 53346 |
| section is an obligation of another school district, the amount of | 53347 |
| the tuition shall be certified by the treasurer of the board of | 53348 |
| education of the district of attendance, to the board of education | 53349 |
| of the district required to pay tuition for its approval and | 53350 |
| payment. If agreement as to the amount payable or the district | 53351 |
| required to pay the tuition cannot be reached, or the board of | 53352 |
| education of the district required to pay the tuition refuses to | 53353 |
| pay that amount, the board of education of the district of | 53354 |
| attendance shall notify the superintendent of public instruction. | 53355 |
| The superintendent shall determine the correct amount and the | 53356 |
| district required to pay the tuition and shall deduct that amount, | 53357 |
| if any, under division (G) of section 3317.023 of the Revised | 53358 |
| Code, from the district required to pay the tuition and add that | 53359 |
| amount to the amount allocated to the district attended under such | 53360 |
| division. The superintendent of public instruction shall send to | 53361 |
| the district required to pay the tuition an itemized statement | 53362 |
| showing such deductions at the time of such deduction. | 53363 |
| When a political subdivision owns and operates an airport, | 53364 |
| welfare, or correctional institution or other project or facility | 53365 |
| outside its corporate limits, the territory within which the | 53366 |
| facility is located is exempt from taxation by the school district | 53367 |
| within which such territory is located, and there are school age | 53368 |
| children residing within such territory, the political subdivision | 53369 |
| owning such tax exempt territory shall pay tuition to the district | 53370 |
| in which such children attend school. The tuition for these | 53371 |
| children shall be computed as provided for in this section. | 53372 |
| Sec. 3317.081. (A) Tuition shall be computed in accordance | 53373 |
| with this section if: | 53374 |
| (1) The tuition is required by division (C)(3)(b) of section | 53375 |
| 3313.64 of the Revised Code; or | 53376 |
| (2) Neither the child nor the child's parent resides in this | 53377 |
| state and tuition is required by section 3327.06 of the Revised | 53378 |
| Code. | 53379 |
| (B) Tuition computed in accordance with this section shall | 53380 |
| equal the attendance district's tuition rate computed under | 53381 |
| section 3317.08 of the Revised Code plus the amount that district | 53382 |
| would have received for the child pursuant to Chapter 3306. and | 53383 |
|
sections | 53384 |
| Revised Code during the school year had the attendance district | 53385 |
| been authorized to count the child in its formula ADM for that | 53386 |
| school year under section 3317.03 of the Revised Code. | 53387 |
| Sec. 3317.082. As used in this section, "institution" means | 53388 |
| a residential facility that receives and cares for children | 53389 |
| maintained by the department of youth services and that operates a | 53390 |
| school chartered by the state board of education under section | 53391 |
| 3301.16 of the Revised Code. | 53392 |
| (A) On or before the thirty-first day of each January and | 53393 |
| July, the superintendent of each institution that during the | 53394 |
| six-month period immediately preceding each January or July | 53395 |
| provided an elementary or secondary education for any child, other | 53396 |
| than a child receiving special education under section 3323.091 of | 53397 |
| the Revised Code, shall prepare and submit to the department of | 53398 |
| education, a statement for each such child indicating the child's | 53399 |
| name, any school district responsible to pay tuition for the child | 53400 |
| as determined by the superintendent in accordance with division | 53401 |
| (C)(2) or (3) of section 3313.64 of the Revised Code, and the | 53402 |
| period of time during that six-month period that the child | 53403 |
| received an elementary or secondary education. If any school | 53404 |
| district is responsible to pay tuition for any such child, the | 53405 |
| department of education, no later than the immediately succeeding | 53406 |
| last day of February or August, as applicable, shall calculate the | 53407 |
| amount of the tuition of the district under section 3317.08 of the | 53408 |
| Revised Code for the period of time indicated on the statement and | 53409 |
| do one of the following: | 53410 |
| (1) If the tuition amount is equal to or less than the amount | 53411 |
|
of state basic aid funds payable to the district under
| 53412 |
| 53413 | |
| Code, pay to the institution submitting the statement an amount | 53414 |
| equal to the tuition amount, as provided under division (M) of | 53415 |
| section 3317.024 of the Revised Code, and deduct the tuition | 53416 |
| amount from the state basic aid funds payable to the district, as | 53417 |
| provided under division (F)(2) of section 3317.023 of the Revised | 53418 |
| Code; | 53419 |
| (2) If the tuition amount is greater than the amount of state | 53420 |
|
basic aid funds payable to the district under | 53421 |
| 53422 | |
| require the district to pay to the institution submitting the | 53423 |
| statement an amount equal to the tuition amount. | 53424 |
| (B) In the case of any disagreement about the school district | 53425 |
| responsible to pay tuition for a child pursuant to this section, | 53426 |
| the superintendent of public instruction shall make the | 53427 |
| determination in any such case in accordance with division (C)(2) | 53428 |
| or (3) of section 3313.64 of the Revised Code. | 53429 |
| Sec. 3317.12. Any board of education participating in funds | 53430 |
|
distributed under | 53431 |
| Code shall annually adopt a salary schedule for nonteaching school | 53432 |
| employees based upon training, experience, and qualifications with | 53433 |
| initial salaries no less than the salaries in effect on October | 53434 |
| 13, 1967. Each board of education shall prepare and may amend from | 53435 |
| time to time, specifications descriptive of duties, | 53436 |
| responsibilities, requirements, and desirable qualifications of | 53437 |
| the classifications of employees required to perform the duties | 53438 |
| specified in the salary schedule. All nonteaching school employees | 53439 |
| are to be notified of the position classification to which they | 53440 |
| are assigned and the salary for the classification. The | 53441 |
| compensation of all employees working for a particular school | 53442 |
| board shall be uniform for like positions except as compensation | 53443 |
| would be affected by salary increments based upon length of | 53444 |
| service. | 53445 |
| On the fifteenth day of October each year the salary schedule | 53446 |
| and the list of job classifications and salaries in effect on that | 53447 |
| date shall be filed by each board of education with the | 53448 |
| superintendent of public instruction. If such salary schedule and | 53449 |
| classification plan is not filed the superintendent of public | 53450 |
| instruction shall order the board to file such schedules | 53451 |
| forthwith. If this condition is not corrected within ten days | 53452 |
| after receipt of the order from the superintendent of public | 53453 |
| instruction, no money shall be distributed to the district under | 53454 |
| 53455 | |
| superintendent has satisfactory evidence of the board of | 53456 |
| education's full compliance with such order. | 53457 |
| Sec. 3317.16. (A) As used in this section: | 53458 |
| (1) | 53459 |
| 53460 |
| | 53461 |
| 53462 | |
| 53463 | |
| 53464 |
| | 53465 |
| 53466 | |
| 53467 |
| 53468 | |
| 53469 | |
| | 53470 |
| 53471 |
| | 53472 |
| vocational school district shall be calculated in the same manner | 53473 |
|
as prescribed in
| 53474 |
| Revised Code. | 53475 |
| | 53476 |
| vocational school district shall be calculated in the same manner | 53477 |
|
as
prescribed in | 53478 |
| Revised Code. | 53479 |
| | 53480 |
| school district shall be determined by adding the recognized | 53481 |
| valuations of all its constituent school districts that were | 53482 |
| subject to the joint vocational school district's tax levies for | 53483 |
| both the current and preceding tax years. | 53484 |
| | 53485 |
| village school district in which a student is entitled to attend | 53486 |
| school under section 3313.64 or 3313.65 of the Revised Code. | 53487 |
| | 53488 |
| established under Chapter 3314. of the Revised Code. | 53489 |
| (B) The department of education shall compute and distribute | 53490 |
| state base cost funding to each joint vocational school district | 53491 |
| for the fiscal year in accordance with the following formula: | 53492 |
| 53493 | |
| 53494 | |
| If the difference obtained under this division is a negative | 53495 |
| number, the district's computation shall be zero. | 53496 |
| (C)(1) The department shall compute and distribute state | 53497 |
| vocational education additional weighted costs funds to each joint | 53498 |
| vocational school district in accordance with the following | 53499 |
| formula: | 53500 |
| 53501 | |
| 53502 | |
| In each fiscal year, a joint vocational school district | 53503 |
| receiving funds under division (C)(1) of this section shall spend | 53504 |
| those funds only for the purposes the department designates as | 53505 |
| approved for vocational education expenses. Vocational educational | 53506 |
| expenses approved by the department shall include only expenses | 53507 |
| connected to the delivery of career-technical programming to | 53508 |
| career-technical students. The department shall require the joint | 53509 |
| vocational school district to report data annually so that the | 53510 |
| department may monitor the district's compliance with the | 53511 |
| requirements regarding the manner in which funding received under | 53512 |
| division (C)(1) of this section may be spent. | 53513 |
| (2) The department shall compute for each joint vocational | 53514 |
| school district state funds for vocational education associated | 53515 |
| services costs in accordance with the following formula: | 53516 |
| 53517 | |
| 53518 | |
| 53519 | |
| 53520 | |
| In any fiscal year, a joint vocational school district | 53521 |
| receiving funds under division (C)(2) of this section, or through | 53522 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 53523 |
| of the Revised Code, shall spend those funds only for the purposes | 53524 |
| that the department designates as approved for vocational | 53525 |
| education associated services expenses, which may include such | 53526 |
| purposes as apprenticeship coordinators, coordinators for other | 53527 |
| vocational education services, vocational evaluation, and other | 53528 |
| purposes designated by the department. The department may deny | 53529 |
| payment under division (C)(2) of this section to any district that | 53530 |
| the department determines is not operating those services or is | 53531 |
| using funds paid under division (C)(2) of this section, or through | 53532 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 53533 |
| of the Revised Code, for other purposes. | 53534 |
| (D)(1) The department shall compute and distribute state | 53535 |
| special education and related services additional weighted costs | 53536 |
| funds to each joint vocational school district in accordance with | 53537 |
| the following formula: | 53538 |
| 53539 | |
| 53540 | |
| (2)(a) As used in this division, the "personnel allowance" | 53541 |
| means thirty thousand dollars in fiscal years 2008 and 2009. | 53542 |
| (b) For the provision of speech language pathology services | 53543 |
| to students, including students who do not have individualized | 53544 |
| education programs prepared for them under Chapter 3323. of the | 53545 |
| Revised Code, and for no other purpose, the department shall pay | 53546 |
| each joint vocational school district an amount calculated under | 53547 |
| the following formula: | 53548 |
| 53549 | |
| 53550 | |
| (3) In any fiscal year, a joint vocational school district | 53551 |
| shall spend for purposes that the department designates as | 53552 |
| approved for special education and related services expenses at | 53553 |
| least the amount calculated as follows: | 53554 |
| 53555 | |
| 53556 | |
| 53557 | |
| 53558 | |
| 53559 | |
| The purposes approved by the department for special education | 53560 |
| expenses shall include, but shall not be limited to, compliance | 53561 |
| with state rules governing the education of children with | 53562 |
| disabilities, providing services identified in a student's | 53563 |
| individualized education program as defined in section 3323.01 of | 53564 |
| the Revised Code, provision of speech language pathology services, | 53565 |
| and the portion of the district's overall administrative and | 53566 |
| overhead costs that are attributable to the district's special | 53567 |
| education student population. | 53568 |
| The department shall require joint vocational school | 53569 |
| districts to report data annually to allow for monitoring | 53570 |
| compliance with division (D)(3) of this section. The department | 53571 |
| shall annually report to the governor and the general assembly the | 53572 |
| amount of money spent by each joint vocational school district for | 53573 |
| special education and related services. | 53574 |
| (4) In any fiscal year, a joint vocational school district | 53575 |
| shall spend for the provision of speech language pathology | 53576 |
| services not less than the sum of the amount calculated under | 53577 |
| division (D)(1) of this section for the students in the district's | 53578 |
| category one special education ADM and the amount calculated under | 53579 |
| division (D)(2) of this section. | 53580 |
| (E)(1) If a joint vocational school district's costs for a | 53581 |
| fiscal year for a student in its categories two through six | 53582 |
| special education ADM exceed the threshold catastrophic cost for | 53583 |
| serving the student, as specified in division (C)(3)(b) of section | 53584 |
| 3317.022 of the Revised Code, the district may submit to the | 53585 |
| superintendent of public instruction documentation, as prescribed | 53586 |
| by the superintendent, of all of its costs for that student. Upon | 53587 |
| submission of documentation for a student of the type and in the | 53588 |
| manner prescribed, the department shall pay to the district an | 53589 |
| amount equal to the sum of the following: | 53590 |
| (a) One-half of the district's costs for the student in | 53591 |
| excess of the threshold catastrophic cost; | 53592 |
| (b) The product of one-half of the district's costs for the | 53593 |
| student in excess of the threshold catastrophic cost multiplied by | 53594 |
| the district's state share percentage. | 53595 |
| (2) The district shall only report under division (E)(1) of | 53596 |
| this section, and the department shall only pay for, the costs of | 53597 |
| educational expenses and the related services provided to the | 53598 |
| student in accordance with the student's individualized education | 53599 |
| program. Any legal fees, court costs, or other costs associated | 53600 |
| with any cause of action relating to the student may not be | 53601 |
| included in the amount. | 53602 |
| (F) Each fiscal year, the department shall pay each joint | 53603 |
| vocational school district an amount for adult technical and | 53604 |
| vocational education and specialized consultants. | 53605 |
| (G)(1) A joint vocational school district's local share of | 53606 |
| special education and related services additional weighted costs | 53607 |
| equals: | 53608 |
| 53609 | |
| 53610 | |
| 53611 | |
| (2) For each student with a disability receiving special | 53612 |
| education and related services under an individualized education | 53613 |
| program, as defined in section 3323.01 of the Revised Code, at a | 53614 |
| joint vocational district, the resident district or, if the | 53615 |
| student is enrolled in a community school, the community school | 53616 |
| shall be responsible for the amount of any costs of providing | 53617 |
| those special education and related services to that student that | 53618 |
| exceed the sum of the amount calculated for those services | 53619 |
| attributable to that student under divisions (B), (D), (E), and | 53620 |
| (G)(1) of this section. | 53621 |
| Those excess costs shall be calculated by subtracting the sum | 53622 |
| of the following from the actual cost to provide special education | 53623 |
| and related services to the student: | 53624 |
| (a) The formula amount; | 53625 |
| (b) The product of the formula amount times the applicable | 53626 |
|
multiple specified in section | 53627 |
| Code; | 53628 |
| (c) Any funds paid under division (E) of this section for the | 53629 |
| student; | 53630 |
| (d) Any other funds received by the joint vocational school | 53631 |
| district under this chapter to provide special education and | 53632 |
| related services to the student, not including the amount | 53633 |
| calculated under division (G)(2) of this section. | 53634 |
| (3) The board of education of the joint vocational school | 53635 |
| district may report the excess costs calculated under division | 53636 |
| (G)(2) of this section to the department of education. | 53637 |
| (4) If the board of education of the joint vocational school | 53638 |
| district reports excess costs under division (G)(3) of this | 53639 |
| section, the department shall pay the amount of excess cost | 53640 |
| calculated under division (G)(2) of this section to the joint | 53641 |
| vocational school district and shall deduct that amount as | 53642 |
| provided in division (G)(4)(a) or (b) of this section, as | 53643 |
| applicable: | 53644 |
| (a) If the student is not enrolled in a community school, the | 53645 |
| department shall deduct the amount from the account of the | 53646 |
| student's resident district pursuant to division (M) of section | 53647 |
| 3317.023 of the Revised Code. | 53648 |
| (b) If the student is enrolled in a community school, the | 53649 |
| department shall deduct the amount from the account of the | 53650 |
| community school pursuant to section 3314.083 of the Revised | 53651 |
| Code. | 53652 |
| Sec. 3317.18. (A) As used in this section, the terms | 53653 |
| "Chapter 133. securities," "credit enhancement facilities," "debt | 53654 |
| charges," "general obligation," "legislation," "public | 53655 |
| obligations," and "securities" have the same meanings as in | 53656 |
| section 133.01 of the Revised Code. | 53657 |
| (B) The board of education of any school district authorizing | 53658 |
| the issuance of securities under section 133.10, 133.301, or | 53659 |
| 3313.372 of the Revised Code or general obligation Chapter 133. | 53660 |
| securities may adopt legislation requesting the state department | 53661 |
| of education to approve, and enter into an agreement with the | 53662 |
| school district and the primary paying agent or fiscal agent for | 53663 |
| such securities providing for, the withholding and deposit of | 53664 |
|
funds, otherwise
due the district under | 53665 |
| 3317. of the Revised Code, for the payment of debt service charges | 53666 |
| on such securities. | 53667 |
| The board of education shall deliver to the state department | 53668 |
| a copy of such resolution and any additional pertinent information | 53669 |
| the state department may require. | 53670 |
| The department of education and the office of budget and | 53671 |
| management shall evaluate each request received from a school | 53672 |
| district under this section and the department, with the advice | 53673 |
| and consent of the director of budget and management, shall | 53674 |
| approve or deny each request based on all of the following: | 53675 |
| (1) Whether approval of the request will enhance the | 53676 |
| marketability of the securities for which the request is made; | 53677 |
| (2) Any other pertinent factors or limitations established in | 53678 |
| rules made under division (I) of this section, including: | 53679 |
| (a) Current and projected obligations of funds due to the | 53680 |
|
requesting school district under | 53681 |
| of the Revised Code including obligations of those funds to public | 53682 |
| obligations or relevant credit enhancement facilities under this | 53683 |
| section, Chapter 133. and section 3313.483 of the Revised Code, | 53684 |
| and under any other similar provisions of law; | 53685 |
| (b) Whether the department of education or the office of | 53686 |
| budget and management has any reason to believe the requesting | 53687 |
| school district will be unable to pay when due the debt charges on | 53688 |
| the securities for which the request is made. | 53689 |
| The department may require a school district to establish | 53690 |
| schedules for the payment of all debt charges that take into | 53691 |
| account the amount and timing of anticipated distributions of | 53692 |
| funds to the district under Chapter 3317. of the Revised Code. | 53693 |
| (C) If the department approves the request of a school | 53694 |
| district to withhold and deposit funds pursuant to this section, | 53695 |
| the department shall enter into a written agreement with the | 53696 |
| district and the primary paying agent or fiscal agent for the | 53697 |
| securities which shall provide for the withholding of funds | 53698 |
| pursuant to this section for the payment of debt charges on those | 53699 |
| securities, and may include both of the following: | 53700 |
| (1) Provisions for certification by the district to the | 53701 |
| department, at a time prior to any date for the payment of | 53702 |
| applicable debt charges, whether the district is able to pay those | 53703 |
| debt charges when due; | 53704 |
| (2) Requirements that the district deposit amounts for the | 53705 |
| payment of debt charges on the securities with the primary paying | 53706 |
| agent or fiscal agent for the securities prior to the date on | 53707 |
| which those debt charge payments are due to the owners or holders | 53708 |
| of the securities. | 53709 |
| (D) Whenever a district notifies the department of education | 53710 |
| that it will be unable to pay debt charges when they are due, | 53711 |
| subject to the withholding provisions of this section, or whenever | 53712 |
| the applicable paying agent or fiscal agent notifies the | 53713 |
| department that it has not timely received from a school district | 53714 |
| the full amount needed for the payment when due of those debt | 53715 |
| charges to the holders or owners of such securities, the | 53716 |
| department shall immediately contact the school district and the | 53717 |
| paying agent or fiscal agent to confirm or determine whether the | 53718 |
| district is unable to make the required payment by the date on | 53719 |
| which it is due. | 53720 |
| Upon demand of the treasurer of state while holding a school | 53721 |
| district obligation purchased under division (G)(1) of section | 53722 |
| 135.143 of the Revised Code, the state department of education, | 53723 |
| without a request of the school district, shall withhold and | 53724 |
| deposit funds pursuant to this section for payment of debt service | 53725 |
| charges on that obligation. | 53726 |
| If the department confirms or determines that the district | 53727 |
| will be unable to make such payment and payment will not be made | 53728 |
| pursuant to a credit enhancement facility, the department shall | 53729 |
| promptly pay to the applicable primary paying agent or fiscal | 53730 |
| agent the lesser of the amount due for debt charges or the amount | 53731 |
| due the district for the remainder of the fiscal year under | 53732 |
| Chapter 3317. of the Revised Code. If this amount is insufficient | 53733 |
| to pay the total amount then due the agent for the payment of debt | 53734 |
| charges, the department shall pay to the agent each fiscal year | 53735 |
| thereafter, and until the full amount due the agent for unpaid | 53736 |
| debt charges is paid in full, the lesser of the remaining amount | 53737 |
| due the agent for debt charges or the amount due the district for | 53738 |
| the fiscal year under Chapter 3317. of the Revised Code. | 53739 |
| (E) The state department may make any payments under this | 53740 |
| division by direct deposit of funds by electronic transfer. | 53741 |
| Any amount received by a paying agent or fiscal agent under | 53742 |
| this section shall be applied only to the payment of debt charges | 53743 |
| on the securities of the school district subject to this section | 53744 |
| or to the reimbursement to the provider of a credit enhancement | 53745 |
| facility that has paid such debt charges. | 53746 |
| (F) To the extent a school district whose securities are | 53747 |
| subject to this section is unable to pay applicable debt charges | 53748 |
| because of the failure to collect property taxes levied for the | 53749 |
| payment of those debt charges, the district may transfer to or | 53750 |
| deposit into any fund that would have received payments under | 53751 |
| 53752 | |
| under this section any such delinquent property taxes when later | 53753 |
| collected, provided that transfer or deposit shall be limited to | 53754 |
| the amounts withheld from that fund under this section. | 53755 |
| (G) The department may make payments under this section to | 53756 |
| paying agents or fiscal agents only from and to the extent that | 53757 |
| money is appropriated by the general assembly for Chapter 3317. of | 53758 |
| the Revised Code or for the purposes of this section. No | 53759 |
| securities of a school district to which this section is made | 53760 |
| applicable constitute an obligation or a debt or a pledge of the | 53761 |
| faith, credit, or taxing power of the state, and the holders or | 53762 |
| owners of such securities have no right to have taxes levied or | 53763 |
| appropriations made by the general assembly for the payment of | 53764 |
| debt charges on those securities, and those securities, if the | 53765 |
| department requires, shall contain a statement to that effect. The | 53766 |
| agreement for or the actual withholding and payment of moneys | 53767 |
| under this section does not constitute the assumption by the state | 53768 |
| of any debt of a school district. | 53769 |
| (H) In the case of securities subject to the withholding | 53770 |
| provisions of this section, the issuing board of education shall | 53771 |
| appoint a paying agent or fiscal agent who is not an officer or | 53772 |
| employee of the school district. | 53773 |
| (I) The department of education, with the advice of the | 53774 |
| office of budget and management, may adopt reasonable rules not | 53775 |
| inconsistent with this section for the implementation of this | 53776 |
| section and division (B) of section 133.25 of the Revised Code as | 53777 |
| it relates to the withholding and depositing of payments under | 53778 |
| 53779 | |
| payment of debt charges on school district securities. Those rules | 53780 |
| shall include criteria for the evaluation and approval or denial | 53781 |
| of school district requests for withholding under this section and | 53782 |
| limits on the obligation for the purpose of paying debt charges or | 53783 |
| reimbursing credit enhancement facilities of funds otherwise to be | 53784 |
| paid to school districts under Chapter 3317. of the Revised Code. | 53785 |
| (J) The authority granted by this section is in addition to | 53786 |
| and not a limitation on any other authorizations granted by or | 53787 |
| pursuant to law for the same or similar purposes. | 53788 |
| Sec. 3317.20. This section does not apply to preschool | 53789 |
| children with disabilities. | 53790 |
| (A) As used in this section: | 53791 |
| (1) "Applicable weight" means the multiple specified in | 53792 |
|
section
| 53793 |
| described in that section. | 53794 |
| (2) "Child's school district" means the school district in | 53795 |
| which a child is entitled to attend school pursuant to section | 53796 |
| 3313.64 or 3313.65 of the Revised Code. | 53797 |
| | 53798 |
| 53799 | |
| 53800 |
| (B) Except as provided in division (C) of this section, the | 53801 |
| department shall annually pay each county MR/DD board for each | 53802 |
| child with a disability, other than a preschool child with a | 53803 |
| disability, for whom the county MR/DD board provides special | 53804 |
| education and related services an amount equal to the formula | 53805 |
| amount + (state share percentage X formula amount X the | 53806 |
| applicable weight). | 53807 |
| (C) If any school district places with a county MR/DD board | 53808 |
| more children with disabilities than it had placed with a county | 53809 |
| MR/DD board in fiscal year 1998, the department shall not make a | 53810 |
| payment under division (B) of this section for the number of | 53811 |
| children exceeding the number placed in fiscal year 1998. The | 53812 |
| department instead shall deduct from the district's payments | 53813 |
| under this chapter and Chapter 3306. of the Revised Code, and pay | 53814 |
| to the county MR/DD board, an amount calculated in accordance | 53815 |
| with the formula prescribed in division (B) of this section for | 53816 |
| each child over the number of children placed in fiscal year | 53817 |
| 1998. | 53818 |
| (D) The department shall calculate for each county MR/DD | 53819 |
| board receiving payments under divisions (B) and (C) of this | 53820 |
| section the following amounts: | 53821 |
| (1) The amount received by the county MR/DD board for | 53822 |
| approved special education and related services units, other than | 53823 |
| units for preschool children with disabilities, in fiscal year | 53824 |
| 1998, divided by the total number of children served in the units | 53825 |
| that year; | 53826 |
| (2) The product of the quotient calculated under division | 53827 |
| (D)(1) of this section times the number of children for whom | 53828 |
| payments are made under divisions (B) and (C) of this section. | 53829 |
| If the amount calculated under division (D)(2) of this | 53830 |
| section is greater than the total amount calculated under | 53831 |
| divisions (B) and (C) of this section, the department shall pay | 53832 |
| the county MR/DD board one hundred per cent of the difference in | 53833 |
| addition to the payments under divisions (B) and (C) of this | 53834 |
| section. | 53835 |
| (E) Each county MR/DD board shall report to the department, | 53836 |
| in the manner specified by the department, the name of each child | 53837 |
| for whom the county MR/DD board provides special education and | 53838 |
| related services and the child's school district. | 53839 |
| (F)(1) For the purpose of verifying the accuracy of the | 53840 |
| payments under this section, the department may request from | 53841 |
| either of the following entities the data verification code | 53842 |
| assigned under division (D)(2) of section 3301.0714 of the Revised | 53843 |
| Code to any child who is placed with a county MR/DD board: | 53844 |
| (a) The child's school district; | 53845 |
| (b) The independent contractor engaged to create and maintain | 53846 |
| data verification codes. | 53847 |
| (2) Upon a request by the department under division (F)(1) of | 53848 |
| this section for the data verification code of a child, the | 53849 |
| child's school district shall submit that code to the department | 53850 |
| in the manner specified by the department. If the child has not | 53851 |
| been assigned a code, the district shall assign a code to that | 53852 |
| child and submit the code to the department by a date specified by | 53853 |
| the department. If the district does not assign a code to the | 53854 |
| child by the specified date, the department shall assign a code to | 53855 |
| the child. | 53856 |
| The department annually shall submit to each school district | 53857 |
| the name and data verification code of each child residing in the | 53858 |
| district for whom the department has assigned a code under this | 53859 |
| division. | 53860 |
| (3) The department shall not release any data verification | 53861 |
| code that it receives under division (F) of this section to any | 53862 |
| person except as provided by law. | 53863 |
| (G) Any document relative to special education and related | 53864 |
| services provided by a county MR/DD board that the department | 53865 |
| holds in its files that contains both a student's name or other | 53866 |
| personally identifiable information and the student's data | 53867 |
| verification code shall not be a public record under section | 53868 |
| 149.43 of the Revised Code. | 53869 |
| Sec. 3317.201. This section does not apply to preschool | 53870 |
| children with disabilities. | 53871 |
| (A) As used in this section, the "total special education | 53872 |
| weight" for an institution means the sum of the following amounts: | 53873 |
| (1) The number of children reported by the institution under | 53874 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 53875 |
| receiving services for a disability described in division | 53876 |
| 53877 | |
| multiplied by the multiple specified in that division; | 53878 |
| (2) The number of children reported by the institution under | 53879 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 53880 |
| receiving services for a disability described in division | 53881 |
| 53882 | |
| multiplied by the multiple specified in that division; | 53883 |
| (3) The number of children reported by the institution under | 53884 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 53885 |
| receiving services for a disability described in division | 53886 |
| 53887 | |
| multiplied by the multiple specified in that division; | 53888 |
| (4) The number of children reported by the institution under | 53889 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 53890 |
| receiving services for a disability described in division (D)(4) | 53891 |
|
of
section | 53892 |
| the multiple specified in that division; | 53893 |
| (5) The number of children reported by the institution under | 53894 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 53895 |
| receiving services for a disability described in division | 53896 |
| 53897 | |
| multiplied by the multiple specified in that division; | 53898 |
| (6) The number of children reported by the institution under | 53899 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 53900 |
| receiving services for a disability described in division | 53901 |
| 53902 | |
| multiplied by the multiple specified in that division. | 53903 |
| (B) For each fiscal year, the department of education shall | 53904 |
| pay each state institution required to provide special education | 53905 |
| services under division (A) of section 3323.091 of the Revised | 53906 |
| Code an amount equal to the greater of: | 53907 |
| (1) The formula amount times the institution's total special | 53908 |
| education weight; | 53909 |
| (2) The aggregate amount of special education and related | 53910 |
| services unit funding the institution received for all children | 53911 |
| with disabilities other than preschool children with disabilities | 53912 |
| in fiscal year 2005 under sections 3317.052 and 3317.053 of the | 53913 |
| Revised Code, as those sections existed prior to June 30, 2005. | 53914 |
| Sec. 3318.011. For purposes of providing assistance under | 53915 |
| sections 3318.01 to 3318.20 of the Revised Code, the department of | 53916 |
| education shall annually do all of the following: | 53917 |
| (A) Calculate the adjusted valuation per pupil of each city, | 53918 |
| local, and exempted village school district according to the | 53919 |
| following formula: | 53920 |
| 53921 | |
| 53922 | |
| For purposes of this calculation: | 53923 |
| (1)(a) Except | 53924 |
| 53925 | |
| in division (A)(1)(b) of this section, "valuation per pupil" for | 53926 |
| a district means its average taxable value, divided by its | 53927 |
|
formula ADM for the previous fiscal
year. | 53928 |
| (b) For calculations in which the formula ADM reported for | 53929 |
| fiscal year 2009 or earlier is a factor, for a district with an | 53930 |
| open enrollment net gain that is ten per cent or more of its | 53931 |
| formula ADM, "valuation per pupil" means its average taxable | 53932 |
| value, divided by the sum of its formula ADM for the previous | 53933 |
| fiscal year plus its open enrollment net gain for the previous | 53934 |
| fiscal year. | 53935 |
| Consideration of net open enrollment gain is not added to the | 53936 |
| calculation of valuation per pupil for calculations in which the | 53937 |
| formula ADM is reported for a fiscal year after fiscal year 2009, | 53938 |
| to account for the fact that beginning with the report of formula | 53939 |
| ADM in October 2009 open enrollment students are counted in the | 53940 |
| formula ADM of the school districts in which they are enrolled. | 53941 |
| (2) "Average taxable value" means the average of the amounts | 53942 |
| certified for a district in the second, third, and fourth | 53943 |
| preceding fiscal years under divisions (A)(1) and (2) of section | 53944 |
| 3317.021 of the Revised Code. | 53945 |
| (3) "Entitled to attend school" means entitled to attend | 53946 |
| school in a city, local, or exempted village school district | 53947 |
| under section 3313.64 or 3313.65 of the Revised Code. | 53948 |
| (4) "Formula ADM" and "income factor" have the same meanings | 53949 |
| as in section 3317.02 of the Revised Code. | 53950 |
| (5) "Native student" has the same meaning as in section | 53951 |
| 3313.98 of the Revised Code. | 53952 |
| (6) "Open enrollment net gain" for a district means (a) the | 53953 |
| number of the students entitled to attend school in another | 53954 |
| district but who are enrolled in the schools of the district under | 53955 |
| its open enrollment policy minus (b) the number of the district's | 53956 |
| native students who are enrolled in the schools of another | 53957 |
| district under the other district's open enrollment policy, both | 53958 |
| numbers as certified to the department under section 3313.981 of | 53959 |
| the Revised Code. If the difference is a negative number, the | 53960 |
| district's "open enrollment net gain" is zero. | 53961 |
| (7) "Open enrollment policy" means an interdistrict open | 53962 |
| enrollment policy adopted under section 3313.98 of the Revised | 53963 |
| Code. | 53964 |
| (B) Calculate for each district the three-year average of the | 53965 |
| adjusted valuations per pupil calculated for the district for the | 53966 |
| current and two preceding fiscal years; | 53967 |
| (C) Rank all such districts in order of adjusted valuation | 53968 |
| per pupil from the district with the lowest three-year average | 53969 |
| adjusted valuation per pupil to the district with the highest | 53970 |
| three-year average adjusted valuation per pupil; | 53971 |
| (D) Divide such ranking into percentiles with the first | 53972 |
| percentile containing the one per cent of school districts having | 53973 |
| the lowest three-year average adjusted valuations per pupil and | 53974 |
| the one-hundredth percentile containing the one per cent of school | 53975 |
| districts having the highest three-year average adjusted | 53976 |
| valuations per pupil; | 53977 |
| (E) Determine the school districts that have three-year | 53978 |
| average adjusted valuations per pupil that are greater than the | 53979 |
| median three-year average adjusted valuation per pupil for all | 53980 |
| school districts in the state; | 53981 |
| (F) On or before the first day of September, certify the | 53982 |
| information described in divisions (A) to (E) of this section to | 53983 |
| the Ohio school facilities commission. | 53984 |
| Sec. 3318.051. (A) Any city, exempted village, or local | 53985 |
| school district that commences a project under sections 3318.01 to | 53986 |
| 3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or | 53987 |
|
after | 53988 |
| not levy the tax otherwise required under division (B) of section | 53989 |
| 3318.05 of the Revised Code, if the district board of education | 53990 |
| adopts a resolution petitioning the Ohio school facilities | 53991 |
| commission to approve the transfer of money in accordance with | 53992 |
| this section and the commission approves that transfer. If so | 53993 |
| approved, the commission and the district board shall enter into | 53994 |
| an agreement under which the board, in each of twenty-three | 53995 |
| consecutive years beginning in the year in which the board and the | 53996 |
| commission enter into the project agreement under section 3318.08 | 53997 |
| of the Revised Code, shall transfer into the maintenance fund | 53998 |
| required by division (D) of section 3318.05 of the Revised Code | 53999 |
| not less than an amount equal to one-half mill for each dollar of | 54000 |
| the district's valuation unless and until the agreement to make | 54001 |
| those transfers is rescinded by the district board pursuant to | 54002 |
| division (F) of this section. | 54003 |
| (B) On the first day of July each year, or on an alternative | 54004 |
| date prescribed by the commission, the district treasurer shall | 54005 |
| certify to the commission and the auditor of state that the amount | 54006 |
| required for the year has been transferred. The auditor of state | 54007 |
| shall include verification of the transfer as part of any audit of | 54008 |
| the district under section 117.11 of the Revised Code. If the | 54009 |
| auditor of state finds that less than the required amount has been | 54010 |
| deposited into a district's maintenance fund, the auditor of state | 54011 |
| shall notify the district board of education in writing of that | 54012 |
| fact and require the board to deposit into the fund, within ninety | 54013 |
| days after the date of the notice, the amount by which the fund is | 54014 |
| deficient for the year. If the district board fails to demonstrate | 54015 |
| to the auditor of state's satisfaction that the board has made the | 54016 |
| deposit required in the notice, the auditor of state shall notify | 54017 |
| the department of education. At that time, the department shall | 54018 |
| withhold an amount equal to ten per cent of the district's funds | 54019 |
|
calculated for the current fiscal year under | 54020 |
| 3306. and 3317. of the Revised Code until the auditor of state | 54021 |
| notifies the department that the auditor of state is satisfied | 54022 |
| that the board has made the required transfer. | 54023 |
| (C) Money transferred to the maintenance fund shall be used | 54024 |
| for the maintenance of the facilities acquired under the | 54025 |
| district's project. | 54026 |
| (D) The transfers to the maintenance fund under this section | 54027 |
| does not affect a district's obligation to establish and maintain | 54028 |
| a capital and maintenance fund under section 3315.18 of the | 54029 |
| Revised Code. | 54030 |
| (E) Any decision by the commission to approve or not approve | 54031 |
| the transfer of money under this section is final and not subject | 54032 |
| to appeal. The commission shall not be responsible for errors or | 54033 |
| miscalculations made in deciding whether to approve a petition to | 54034 |
| make transfers under this section. | 54035 |
| (F) If the district board determines that it no longer can | 54036 |
| continue making the transfers agreed to under this section, the | 54037 |
| board may rescind the agreement only so long as the electors of | 54038 |
| the district have approved, in accordance with section 3318.063 of | 54039 |
| the Revised Code, the levy of a tax for the maintenance of the | 54040 |
| classroom facilities acquired under the district's project and | 54041 |
| that levy continues to be collected as approved by the electors. | 54042 |
| That levy shall be for a number of years that is equal to the | 54043 |
| difference between twenty-three years and the number of years that | 54044 |
| the district made transfers under this section and shall be at the | 54045 |
| rate of not less than one-half mill for each dollar of the | 54046 |
| district's valuation. The district board shall continue to make | 54047 |
| the transfers agreed to under this section until that levy has | 54048 |
| been approved by the electors. | 54049 |
| Sec. 3318.061. This section applies only to school districts | 54050 |
| eligible to receive additional assistance under division (B)(2) of | 54051 |
|
section 3318.04 of the Revised Code | 54052 |
| 54053 |
| The board of education of a school district in which a tax | 54054 |
| described by division (B) of section 3318.05 and levied under | 54055 |
| section 3318.06 of the Revised Code is in effect, may adopt a | 54056 |
| resolution by vote of a majority of its members to extend the term | 54057 |
| of that tax beyond the expiration of that tax as originally | 54058 |
| approved under that section. The school district board may include | 54059 |
| in the resolution a proposal to extend the term of that tax at the | 54060 |
| rate of not less than one-half mill for each dollar of valuation | 54061 |
| for a period of twenty-three years from the year in which the | 54062 |
| school district board and the Ohio school facilities commission | 54063 |
| enter into an agreement under division (B)(2) of section 3318.04 | 54064 |
| of the Revised Code or in the following year, as specified in the | 54065 |
|
resolution | 54066 |
| 54067 | |
| 54068 | |
| adopted at any time before such an agreement is entered into and | 54069 |
| before the tax levied pursuant to section 3318.06 of the Revised | 54070 |
| Code expires. If the resolution is combined with a resolution to | 54071 |
| issue bonds to pay the school district's portion of the basic | 54072 |
| project cost, it shall conform with the requirements of divisions | 54073 |
| (A)(1), (2), and (3) of section 3318.06 of the Revised Code, | 54074 |
| except that the resolution also shall state that the tax levy | 54075 |
| proposed in the resolution is an extension of an existing tax | 54076 |
| levied under that section. A resolution proposing an extension | 54077 |
| adopted under this section does not take effect until it is | 54078 |
| approved by a majority of electors voting in favor of the | 54079 |
| resolution at a general, primary, or special election as provided | 54080 |
| in this section. | 54081 |
| A tax levy extended under this section is subject to the same | 54082 |
| terms and limitations to which the original tax levied under | 54083 |
| section 3318.06 of the Revised Code is subject under that section, | 54084 |
| except the term of the extension shall be as specified in this | 54085 |
| section. | 54086 |
| The school district board shall certify a copy of the | 54087 |
| resolution adopted under this section to the proper county board | 54088 |
| of elections not later than seventy-five days before the date set | 54089 |
| in the resolution as the date of the election at which the | 54090 |
| question will be submitted to electors. The notice of the election | 54091 |
| shall conform with the requirements of division (A)(3) of section | 54092 |
| 3318.06 of the Revised Code, except that the notice also shall | 54093 |
| state that the maintenance tax levy is an extension of an existing | 54094 |
| tax levy. | 54095 |
| The form of the ballot shall be as follows: | 54096 |
| "Shall the existing tax levied to pay the cost of maintaining | 54097 |
| classroom facilities constructed with the proceeds of the | 54098 |
| previously issued bonds at the rate of .......... (here insert the | 54099 |
| number of mills, which shall not be less than one-half mill) mills | 54100 |
| per dollar of tax valuation, be extended until ........ (here | 54101 |
| insert the year that is twenty-three years after the year in which | 54102 |
| the district and commission will enter into an agreement under | 54103 |
| division (B)(2) of section 3318.04 of the Revised Code or the | 54104 |
| following year)? | 54105 |
| 54106 |
| FOR EXTENDING THE EXISTING TAX LEVY | 54107 | ||||
| AGAINST EXTENDING THE EXISTING TAX LEVY | " | 54108 |
| 54109 |
| Section 3318.07 of the Revised Code applies to ballot | 54110 |
| questions under this section. | 54111 |
| Sec. 3318.08. Except in the case of a joint vocational | 54112 |
| school district that receives assistance under sections 3318.40 to | 54113 |
| 3318.45 of the Revised Code, if the requisite favorable vote on | 54114 |
| the election is obtained, or if the school district board has | 54115 |
| resolved to apply the proceeds of a property tax levy or the | 54116 |
| proceeds of an income tax, or a combination of proceeds from such | 54117 |
| taxes, as authorized in section 3318.052 of the Revised Code, the | 54118 |
| Ohio school facilities commission, upon certification to it of | 54119 |
| either the results of the election or the resolution under section | 54120 |
| 3318.052 of the Revised Code, shall enter into a written agreement | 54121 |
| with the school district board for the construction and sale of | 54122 |
| the project. In the case of a joint vocational school district | 54123 |
| that receives assistance under sections 3318.40 to 3318.45 of the | 54124 |
| Revised Code, if the school district board of education and the | 54125 |
| school district electors have satisfied the conditions prescribed | 54126 |
| in division (D)(1) of section 3318.41 of the Revised Code, the | 54127 |
| commission shall enter into an agreement with the school district | 54128 |
| board for the construction and sale of the project. In either | 54129 |
| case, the agreement shall include, but need not be limited to, the | 54130 |
| following provisions: | 54131 |
| (A) The sale and issuance of bonds or notes in anticipation | 54132 |
| thereof, as soon as practicable after the execution of the | 54133 |
| agreement, in an amount equal to the school district's portion of | 54134 |
| the basic project cost, including any securities authorized under | 54135 |
| division (J) of section 133.06 of the Revised Code and dedicated | 54136 |
| by the school district board to payment of the district's portion | 54137 |
| of the basic project cost of the project; provided, that if at | 54138 |
| that time the county treasurer of each county in which the school | 54139 |
| district is located has not commenced the collection of taxes on | 54140 |
| the general duplicate of real and public utility property for the | 54141 |
| year in which the controlling board approved the project, the | 54142 |
| school district board shall authorize the issuance of a first | 54143 |
| installment of bond anticipation notes in an amount specified by | 54144 |
| the agreement, which amount shall not exceed an amount necessary | 54145 |
| to raise the net bonded indebtedness of the school district as of | 54146 |
| the date of the controlling board's approval to within five | 54147 |
| thousand dollars of the required level of indebtedness for the | 54148 |
| preceding year. In the event that a first installment of bond | 54149 |
| anticipation notes is issued, the school district board shall, as | 54150 |
| soon as practicable after the county treasurer of each county in | 54151 |
| which the school district is located has commenced the collection | 54152 |
| of taxes on the general duplicate of real and public utility | 54153 |
| property for the year in which the controlling board approved the | 54154 |
| project, authorize the issuance of a second and final installment | 54155 |
| of bond anticipation notes or a first and final issue of bonds. | 54156 |
| The combined value of the first and second installment of | 54157 |
| bond anticipation notes or the value of the first and final issue | 54158 |
| of bonds shall be equal to the school district's portion of the | 54159 |
| basic project cost. The proceeds of any such bonds shall be used | 54160 |
| first to retire any bond anticipation notes. Otherwise, the | 54161 |
| proceeds of such bonds and of any bond anticipation notes, except | 54162 |
| the premium and accrued interest thereon, shall be deposited in | 54163 |
| the school district's project construction fund. In determining | 54164 |
| the amount of net bonded indebtedness for the purpose of fixing | 54165 |
| the amount of an issue of either bonds or bond anticipation notes, | 54166 |
| gross indebtedness shall be reduced by moneys in the bond | 54167 |
| retirement fund only to the extent of the moneys therein on the | 54168 |
| first day of the year preceding the year in which the controlling | 54169 |
| board approved the project. Should there be a decrease in the tax | 54170 |
| valuation of the school district so that the amount of | 54171 |
| indebtedness that can be incurred on the tax duplicates for the | 54172 |
| year in which the controlling board approved the project is less | 54173 |
| than the amount of the first installment of bond anticipation | 54174 |
| notes, there shall be paid from the school district's project | 54175 |
| construction fund to the school district's bond retirement fund to | 54176 |
| be applied against such notes an amount sufficient to cause the | 54177 |
| net bonded indebtedness of the school district, as of the first | 54178 |
| day of the year following the year in which the controlling board | 54179 |
| approved the project, to be within five thousand dollars of the | 54180 |
| required level of indebtedness for the year in which the | 54181 |
| controlling board approved the project. The maximum amount of | 54182 |
| indebtedness to be incurred by any school district board as its | 54183 |
| share of the cost of the project is either an amount that will | 54184 |
| cause its net bonded indebtedness, as of the first day of the year | 54185 |
| following the year in which the controlling board approved the | 54186 |
| project, to be within five thousand dollars of the required level | 54187 |
| of indebtedness, or an amount equal to the required percentage of | 54188 |
| the basic project costs, whichever is greater. All bonds and bond | 54189 |
| anticipation notes shall be issued in accordance with Chapter 133. | 54190 |
| of the Revised Code, and notes may be renewed as provided in | 54191 |
| section 133.22 of the Revised Code. | 54192 |
| (B) The transfer of such funds of the school district board | 54193 |
| available for the project, together with the proceeds of the sale | 54194 |
| of the bonds or notes, except premium, accrued interest, and | 54195 |
| interest included in the amount of the issue, to the school | 54196 |
| district's project construction fund; | 54197 |
| (C) For all school districts except joint vocational school | 54198 |
| districts that receive assistance under sections 3318.40 to | 54199 |
| 3318.45 of the Revised Code, the following provisions as | 54200 |
| applicable: | 54201 |
| (1) If section 3318.052 of the Revised Code applies, the | 54202 |
| earmarking of the proceeds of a tax levied under section 5705.21 | 54203 |
| of the Revised Code for general permanent improvements or under | 54204 |
| section 5705.218 of the Revised Code for the purpose of permanent | 54205 |
| improvements, or the proceeds of a school district income tax | 54206 |
| levied under Chapter 5748. of the Revised Code, or the proceeds | 54207 |
| from a combination of those two taxes, in an amount to pay all or | 54208 |
| part of the service charges on bonds issued to pay the school | 54209 |
| district portion of the project and an amount equivalent to all or | 54210 |
| part of the tax required under division (B) of section 3318.05 of | 54211 |
| the Revised Code; | 54212 |
| (2) If section 3318.052 of the Revised Code does not apply, | 54213 |
| one of the following: | 54214 |
| (a) The levy of the tax authorized at the election for the | 54215 |
| payment of maintenance costs, as specified in division (B) of | 54216 |
| section 3318.05 of the Revised Code; | 54217 |
| (b) If the school district electors have approved a | 54218 |
| continuing tax for general permanent improvements under section | 54219 |
| 5705.21 of the Revised Code and that tax can be used for | 54220 |
| maintenance, the earmarking of an amount of the proceeds from such | 54221 |
| tax for maintenance of classroom facilities as specified in | 54222 |
| division (B) of section 3318.05 of the Revised Code; | 54223 |
| (c) If, in lieu of the tax otherwise required under division | 54224 |
| (B) of section 3318.05 of the Revised Code, the commission has | 54225 |
| approved the transfer of money to the maintenance fund in | 54226 |
| accordance with section 3318.051 of the Revised Code, a | 54227 |
| requirement that the district board comply with the provisions | 54228 |
| prescribed under that section. The district board may rescind the | 54229 |
| provision prescribed under division (C)(2)(c) of this section | 54230 |
| only so long as the electors of the district have approved, in | 54231 |
| accordance with section 3318.063 of the Revised Code, the levy of | 54232 |
| a tax for the maintenance of the classroom facilities acquired | 54233 |
| under the district's project and that levy continues to be | 54234 |
| collected as approved by the electors. | 54235 |
| (D) For joint vocational school districts that receive | 54236 |
| assistance under sections 3318.40 to 3318.45 of the Revised Code, | 54237 |
| provision for deposit of school district moneys dedicated to | 54238 |
| maintenance of the classroom facilities acquired under those | 54239 |
| sections as prescribed in section 3318.43 of the Revised Code; | 54240 |
| (E) Dedication of any local donated contribution as provided | 54241 |
| for under section 3318.084 of the Revised Code, including a | 54242 |
| schedule for depositing such moneys applied as an offset of the | 54243 |
| district's obligation to levy the tax described in division (B) of | 54244 |
| section 3318.05 of the Revised Code as required under division | 54245 |
| (D)(2) of section 3318.084 of the Revised Code; | 54246 |
| (F) Ownership of or interest in the project during the period | 54247 |
| of construction, which shall be divided between the commission and | 54248 |
| the school district board in proportion to their respective | 54249 |
| contributions to the school district's project construction fund; | 54250 |
| (G) Maintenance of the state's interest in the project until | 54251 |
| any obligations issued for the project under section 3318.26 of | 54252 |
| the Revised Code are no longer outstanding; | 54253 |
| (H) The insurance of the project by the school district from | 54254 |
| the time there is an insurable interest therein and so long as the | 54255 |
| state retains any ownership or interest in the project pursuant to | 54256 |
| division (F) of this section, in such amounts and against such | 54257 |
| risks as the commission shall require; provided, that the cost of | 54258 |
| any required insurance until the project is completed shall be a | 54259 |
| part of the basic project cost; | 54260 |
| (I) The certification by the director of budget and | 54261 |
| management that funds are available and have been set aside to | 54262 |
| meet the state's share of the basic project cost as approved by | 54263 |
| the controlling board pursuant to either section 3318.04 or | 54264 |
| division (B)(1) of section 3318.41 of the Revised Code; | 54265 |
| (J) Authorization of the school district board to advertise | 54266 |
| for and receive construction bids for the project, for and on | 54267 |
| behalf of the commission, and to award contracts in the name of | 54268 |
| the state subject to approval by the commission; | 54269 |
| (K) Provisions for the disbursement of moneys from the school | 54270 |
| district's project account upon issuance by the commission or the | 54271 |
| commission's designated representative of vouchers for work done | 54272 |
| to be certified to the commission by the treasurer of the school | 54273 |
| district board; | 54274 |
| (L) Disposal of any balance left in the school district's | 54275 |
| project construction fund upon completion of the project; | 54276 |
| (M) Limitations upon use of the project or any part of it so | 54277 |
| long as any obligations issued to finance the project under | 54278 |
| section 3318.26 of the Revised Code are outstanding; | 54279 |
| (N) Provision for vesting the state's interest in the project | 54280 |
| to the school district board when the obligations issued to | 54281 |
| finance the project under section 3318.26 of the Revised Code are | 54282 |
| outstanding; | 54283 |
| (O) Provision for deposit of an executed copy of the | 54284 |
| agreement in the office of the commission; | 54285 |
| (P) Provision for termination of the contract and release of | 54286 |
| the funds encumbered at the time of the conditional approval, if | 54287 |
| the proceeds of the sale of the bonds of the school district board | 54288 |
| are not paid into the school district's project construction fund | 54289 |
| and if bids for the construction of the project have not been | 54290 |
| taken within such period after the execution of the agreement as | 54291 |
| may be fixed by the commission; | 54292 |
| (Q) Provision for the school district to maintain the project | 54293 |
| in accordance with a plan approved by the commission; | 54294 |
| (R)(1) For all school districts except a district undertaking | 54295 |
| a project under section 3318.38 of the Revised Code or a joint | 54296 |
| vocational school district undertaking a project under sections | 54297 |
| 3318.40 to 3318.45 of the Revised Code, provision that all state | 54298 |
| funds reserved and encumbered to pay the state share of the cost | 54299 |
| of the project pursuant to section 3318.03 of the Revised Code be | 54300 |
| spent on the construction or acquisition of the project prior to | 54301 |
| the expenditure of any funds provided by the school district to | 54302 |
| pay for its share of the project cost, unless the school district | 54303 |
| certifies to the commission that expenditure by the school | 54304 |
| district is necessary to maintain the tax-exempt status of notes | 54305 |
| or bonds issued by the school district to pay for its share of the | 54306 |
| project cost or to comply with applicable temporary investment | 54307 |
| periods or spending exceptions to rebate as provided for under | 54308 |
| federal law in regard to those notes or bonds, in which cases, the | 54309 |
| school district may commit to spend, or spend, a portion of the | 54310 |
| funds it provides; | 54311 |
| (2) For a school district undertaking a project under section | 54312 |
| 3318.38 of the Revised Code or a joint vocational school district | 54313 |
| undertaking a project under sections 3318.40 to 3318.45 of the | 54314 |
| Revised Code, provision that the state funds reserved and | 54315 |
| encumbered and the funds provided by the school district to pay | 54316 |
| the basic project cost of any segment of the project, or of the | 54317 |
| entire project if it is not divided into segments, be spent on the | 54318 |
| construction and acquisition of the project simultaneously in | 54319 |
| proportion to the state's and the school district's respective | 54320 |
| shares of that basic project cost as determined under section | 54321 |
| 3318.032 of the Revised Code or, if the district is a joint | 54322 |
| vocational school district, under section 3318.42 of the Revised | 54323 |
| Code. | 54324 |
| (S) A provision stipulating that the commission may prohibit | 54325 |
| the district from proceeding with any project if the commission | 54326 |
| determines that the site is not suitable for construction | 54327 |
| purposes. The commission may perform soil tests in its | 54328 |
| determination of whether a site is appropriate for construction | 54329 |
| purposes. | 54330 |
| (T) A provision stipulating that, unless otherwise authorized | 54331 |
| by the commission, any contingency reserve portion of the | 54332 |
| construction budget prescribed by the commission shall be used | 54333 |
| only to pay costs resulting from unforeseen job conditions, to | 54334 |
| comply with rulings regarding building and other codes, to pay | 54335 |
| costs related to design clarifications or corrections to contract | 54336 |
| documents, and to pay the costs of settlements or judgments | 54337 |
| related to the project as provided under section 3318.086 of the | 54338 |
|
Revised Code | 54339 |
| | 54340 |
| 54341 | |
| 54342 | |
| 54343 | |
| 54344 | |
| 54345 |
| | 54346 |
| 54347 | |
| 54348 | |
| 54349 | |
| 54350 | |
| 54351 |
| Sec. 3318.312. After the superintendent of public | 54352 |
| instruction adopts rules under section 3306.25 of the Revised | 54353 |
| Code establishing expenditure and reporting standards for | 54354 |
| operating funds paid under Chapter 3306. of the Revised Code, the | 54355 |
| Ohio school facilities commission shall conduct a study of | 54356 |
| demands upon and other issues related to existing classroom | 54357 |
| facilities that may arise due to new operating requirements. The | 54358 |
| commission shall report its findings to the governor and general | 54359 |
| assembly, in accordance with section 101.68 of the Revised Code. | 54360 |
| Sec. 3318.36. (A)(1) As used in this section: | 54361 |
| (a) "Ohio school facilities commission," "classroom | 54362 |
| facilities," "school district," "school district board," "net | 54363 |
| bonded indebtedness," "required percentage of the basic project | 54364 |
| costs," "basic project cost," "valuation," and "percentile" have | 54365 |
| the same meanings as in section 3318.01 of the Revised Code. | 54366 |
| (b) "Required level of indebtedness" means five per cent of | 54367 |
| the school district's valuation for the year preceding the year in | 54368 |
| which the commission and school district enter into an agreement | 54369 |
| under division (B) of this section, plus [two one-hundredths of | 54370 |
| one per cent multiplied by (the percentile in which the district | 54371 |
| ranks minus one)]. | 54372 |
| (c) "Local resources" means any moneys generated in any | 54373 |
| manner permitted for a school district board to raise the school | 54374 |
| district portion of a project undertaken with assistance under | 54375 |
| sections 3318.01 to 3318.20 of the Revised Code. | 54376 |
| (2) For purposes of determining | 54377 |
|
indebtedness, | 54378 |
|
the required percentage of the basic project costs | 54379 |
| (C)(1) of this section, and priority for assistance under sections | 54380 |
| 3318.01 to 3318.20 of the Revised Code, the percentile ranking of | 54381 |
| a school district with which the commission has entered into an | 54382 |
| agreement under this section between the first day of July and the | 54383 |
| thirty-first day of August in each fiscal year is the percentile | 54384 |
| ranking calculated for that district for the immediately preceding | 54385 |
| fiscal year, and the percentile ranking of a school district with | 54386 |
| which the commission has entered into such agreement between the | 54387 |
| first day of September and the thirtieth day of June in each | 54388 |
| fiscal year is the percentile ranking calculated for that district | 54389 |
| for the current fiscal year. | 54390 |
| (B)(1) There is hereby established the school building | 54391 |
| assistance expedited local partnership program. Under the program, | 54392 |
| the Ohio school facilities commission may enter into an agreement | 54393 |
| with the school district board of any school district under which | 54394 |
| the school district board may proceed with the new construction or | 54395 |
| major repairs of a part of the school district's classroom | 54396 |
| facilities needs, as determined under sections 3318.01 to 3318.20 | 54397 |
| of the Revised Code, through the expenditure of local resources | 54398 |
| prior to the school district's eligibility for state assistance | 54399 |
|
under those sections | 54400 |
| may apply that expenditure toward meeting the school district's | 54401 |
| portion of the basic project cost of the total of the school | 54402 |
| district's classroom facilities needs, as determined under | 54403 |
| sections 3318.01 to 3318.20 of the Revised Code and as | 54404 |
| recalculated under division (E) of this section, that are eligible | 54405 |
| for state assistance under sections 3318.01 to 3318.20 of the | 54406 |
|
Revised Code when the school
district becomes eligible for | 54407 |
| 54408 | |
| expected to receive assistance under sections 3318.01 to 3318.20 | 54409 |
| of the Revised Code within two fiscal years from the date the | 54410 |
| school district adopts its resolution under division (B) of this | 54411 |
| section shall not be eligible to participate in the program | 54412 |
| established under this section. | 54413 |
| (2) To participate in the program, a school district board | 54414 |
| shall first adopt a resolution certifying to the commission the | 54415 |
| board's intent to participate in the program. | 54416 |
| The resolution shall specify the approximate date that the | 54417 |
| board intends to seek elector approval of any bond or tax measures | 54418 |
| or to apply other local resources to use to pay the cost of | 54419 |
| classroom facilities to be constructed under this section. The | 54420 |
| resolution may specify the application of local resources or | 54421 |
| elector-approved bond or tax measures after the resolution is | 54422 |
| adopted by the board, and in such case the board may proceed with | 54423 |
| a discrete portion of its project under this section as soon as | 54424 |
| the commission and the controlling board have approved the basic | 54425 |
| project cost of the district's classroom facilities needs as | 54426 |
| specified in division (D) of this section. The board shall submit | 54427 |
| its resolution to the commission not later than ten days after the | 54428 |
| date the resolution is adopted by the board. | 54429 |
| The commission shall not consider any resolution that is | 54430 |
| submitted pursuant to division (B)(2) of this section, as amended | 54431 |
| by this amendment, sooner than September 14, 2000. | 54432 |
| (3) For purposes of determining when a district that enters | 54433 |
| into an agreement under this section becomes eligible for | 54434 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code, | 54435 |
| the commission shall use the district's percentile ranking | 54436 |
| determined at the time the district entered into the agreement | 54437 |
| under this section, as prescribed by division (A)(2) of this | 54438 |
| section. | 54439 |
| (4) Any project under this section shall comply with section | 54440 |
| 3318.03 of the Revised Code and with any specifications for plans | 54441 |
| and materials for classroom facilities adopted by the commission | 54442 |
| under section 3318.04 of the Revised Code. | 54443 |
| | 54444 |
| under this section has not begun a project applying local | 54445 |
| resources as provided for under that agreement at the time the | 54446 |
| district is notified by the commission that it is eligible to | 54447 |
| receive state assistance under sections 3318.01 to 3318.20 of the | 54448 |
| Revised Code, all assessment and agreement documents entered into | 54449 |
| under this section are void. | 54450 |
| | 54451 |
| facilities that have been approved by the commission and have been | 54452 |
| therefore included as part of a district's basic project cost | 54453 |
| qualify for application of local resources under this section. | 54454 |
| (C) Based on the results of | 54455 |
| 54456 | |
| shall determine the basic project cost of the school district's | 54457 |
| classroom facilities needs. The commission shall determine the | 54458 |
| school district's portion of such basic project cost, which shall | 54459 |
| be the greater of: | 54460 |
| (1) The required percentage of the basic project costs, | 54461 |
| determined based on the school district's percentile ranking; | 54462 |
| (2) An amount necessary to raise the school district's net | 54463 |
| bonded indebtedness, as of the fiscal year the commission and the | 54464 |
| school district enter into the agreement under division (B) of | 54465 |
| this section, to within five thousand dollars of the required | 54466 |
| level of indebtedness. | 54467 |
| (D)(1) When the commission determines the basic project cost | 54468 |
| of the classroom facilities needs of a school district and the | 54469 |
| school district's portion of that basic project cost under | 54470 |
| division (C) of this section, the project shall be conditionally | 54471 |
| approved. Such conditional approval shall be submitted to the | 54472 |
| controlling board for approval thereof. The controlling board | 54473 |
| shall forthwith approve or reject the commission's determination, | 54474 |
| conditional approval, and the amount of the state's portion of the | 54475 |
| basic project cost; however, no state funds shall be encumbered | 54476 |
| under this section. Upon approval by the controlling board, the | 54477 |
| school district board may identify a discrete part of its | 54478 |
| classroom facilities needs, which shall include only new | 54479 |
| construction of or additions or major repairs to a particular | 54480 |
| building, to address with local resources. Upon identifying a part | 54481 |
| of the school district's basic project cost to address with local | 54482 |
| resources, the school district board may allocate any available | 54483 |
| school district moneys to pay the cost of that identified part, | 54484 |
| including the proceeds of an issuance of bonds if approved by the | 54485 |
| electors of the school district. | 54486 |
| All local resources utilized under this division shall first | 54487 |
| be deposited in the project construction account required under | 54488 |
| section 3318.08 of the Revised Code. | 54489 |
| (2) Unless the school district board exercises its option | 54490 |
| under division (D)(3) of this section, for a school district to | 54491 |
| qualify for participation in the program authorized under this | 54492 |
| section, one of the following conditions shall be satisfied: | 54493 |
| (a) The electors of the school district by a majority vote | 54494 |
| shall approve the levy of taxes outside the ten-mill limitation | 54495 |
| for a period of twenty-three years at the rate of not less than | 54496 |
| one-half mill for each dollar of valuation to be used to pay the | 54497 |
| cost of maintaining the classroom facilities included in the basic | 54498 |
| project cost as determined by the commission. The form of the | 54499 |
| ballot to be used to submit the question whether to approve the | 54500 |
| tax required under this division to the electors of the school | 54501 |
| district shall be the form for an additional levy of taxes | 54502 |
| prescribed in section 3318.361 of the Revised Code, which may be | 54503 |
| combined in a single ballot question with the questions prescribed | 54504 |
| under section 5705.218 of the Revised Code. | 54505 |
| (b) As authorized under division (C) of section 3318.05 of | 54506 |
| the Revised Code, the school district board shall earmark from the | 54507 |
| proceeds of a permanent improvement tax levied under section | 54508 |
| 5705.21 of the Revised Code, an amount equivalent to the | 54509 |
| additional tax otherwise required under division (D)(2)(a) of this | 54510 |
| section for the maintenance of the classroom facilities included | 54511 |
| in the basic project cost as determined by the commission. | 54512 |
| (c) As authorized under section 3318.051 of the Revised Code, | 54513 |
| the school district board shall, if approved by the commission, | 54514 |
| annually transfer into the maintenance fund required under section | 54515 |
| 3318.05 of the Revised Code the amount prescribed in section | 54516 |
| 3318.051 of the Revised Code in lieu of the tax otherwise required | 54517 |
| under division (D)(2)(a) of this section for the maintenance of | 54518 |
| the classroom facilities included in the basic project cost as | 54519 |
| determined by the commission. | 54520 |
| (d) If the school district board has rescinded the agreement | 54521 |
| to make transfers under section 3318.051 of the Revised Code, as | 54522 |
| provided under division (F) of that section, the electors of the | 54523 |
| school district, in accordance with section 3318.063 of the | 54524 |
| Revised Code, first shall approve the levy of taxes outside the | 54525 |
| ten-mill limitation for the period specified in that section at a | 54526 |
| rate of not less than one-half mill for each dollar of valuation. | 54527 |
| (e) The school district board shall apply the proceeds of a | 54528 |
| tax to leverage bonds as authorized under section 3318.052 of the | 54529 |
| Revised Code or dedicate a local donated contribution in the | 54530 |
| manner described in division (B) of section 3318.084 of the | 54531 |
| Revised Code in an amount equivalent to the additional tax | 54532 |
| otherwise required under division (D)(2)(a) of this section for | 54533 |
| the maintenance of the classroom facilities included in the basic | 54534 |
| project cost as determined by the commission. | 54535 |
| (3) A school district board may opt to delay taking any of | 54536 |
| the actions described in division (D)(2) of this section until | 54537 |
| 54538 | |
| assistance under sections 3318.01 to 3318.20 of the Revised Code. | 54539 |
| In order to exercise this option, the board shall certify to the | 54540 |
| commission a resolution indicating the board's intent to do so | 54541 |
| prior to entering into an agreement under division (B) of this | 54542 |
| section. | 54543 |
| (4) If pursuant to division (D)(3) of this section a district | 54544 |
| board opts to delay levying an additional tax until the district | 54545 |
| becomes eligible for state assistance, it shall submit the | 54546 |
| question of levying that tax to the district electors as follows: | 54547 |
| (a) In accordance with section 3318.06 of the Revised Code if | 54548 |
| it will also be necessary pursuant to division (E) of this section | 54549 |
| to submit a proposal for approval of a bond issue; | 54550 |
| (b) In accordance with section 3318.361 of the Revised Code | 54551 |
| if it is not necessary to also submit a proposal for approval of a | 54552 |
| bond issue pursuant to division (E) of this section. | 54553 |
| (5) No state assistance under sections 3318.01 to 3318.20 of | 54554 |
| the Revised Code shall be released until a school district board | 54555 |
| that adopts and certifies a resolution under division (D) of this | 54556 |
| section also demonstrates to the satisfaction of the commission | 54557 |
| compliance with the provisions of division (D)(2) of this section. | 54558 |
| Any amount required for maintenance under division (D)(2) of | 54559 |
| this section shall be deposited into a separate fund as specified | 54560 |
| in division (B) of section 3318.05 of the Revised Code. | 54561 |
| (E)(1) If the school district becomes eligible for state | 54562 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code | 54563 |
|
based on its percentile ranking | 54564 |
| (B)(3) of this section, the commission shall conduct a new | 54565 |
| assessment of the school district's classroom facilities needs and | 54566 |
| shall recalculate the basic project cost based on this new | 54567 |
| assessment. The basic project cost recalculated under this | 54568 |
| division shall include the amount of expenditures made by the | 54569 |
| school district board under division (D)(1) of this section. The | 54570 |
| commission shall then recalculate the school district's portion of | 54571 |
| the new basic project cost, which shall be the percentage of the | 54572 |
| original basic project cost assigned to the school district as | 54573 |
| its portion under division (C) of this section. The commission | 54574 |
| shall deduct the expenditure of school district moneys made | 54575 |
| under division (D)(1) of this section from the school district's | 54576 |
| portion of the basic project cost as recalculated under this | 54577 |
| division. If the amount of school district resources applied by | 54578 |
| the school district board to the school district's portion of | 54579 |
| the basic project cost under this section is less than the total | 54580 |
| amount of such portion as recalculated under this division, the | 54581 |
| school district board by a majority vote of all of its members | 54582 |
| shall, if it desires to seek state assistance under sections | 54583 |
| 3318.01 to 3318.20 of the Revised Code, adopt a resolution as | 54584 |
| specified in section 3318.06 of the Revised Code to submit to the | 54585 |
| electors of the school district the question of approval of a | 54586 |
| bond issue in order to pay any additional amount of school | 54587 |
| district portion required for state assistance. Any tax levy | 54588 |
| approved under division (D) of this section satisfies the | 54589 |
| requirements to levy the additional tax under section 3318.06 of | 54590 |
| the Revised Code. | 54591 |
| (2) If the amount of school district resources applied by the | 54592 |
| school district board to the school district's portion of the | 54593 |
| basic project cost under this section is more than the total | 54594 |
| amount of such portion as recalculated under this division, within | 54595 |
| one year after the school district's portion is recalculated under | 54596 |
| division (E)(1) of this section the commission may grant to the | 54597 |
| school district the difference between the two calculated | 54598 |
| portions, but at no time shall the commission expend any state | 54599 |
| funds on a project in an amount greater than the state's portion | 54600 |
| of the basic project cost as recalculated under this division. | 54601 |
| Any reimbursement under this division shall be only for local | 54602 |
| resources the school district has applied toward construction cost | 54603 |
| expenditures for the classroom facilities approved by the | 54604 |
| commission, which shall not include any financing costs associated | 54605 |
| with that construction. | 54606 |
| The school district board shall use any moneys reimbursed to | 54607 |
| the district under this division to pay off any debt service the | 54608 |
| district owes for classroom facilities constructed under its | 54609 |
| project under this section before such moneys are applied to any | 54610 |
| other purpose. However, the district board first may deposit | 54611 |
| moneys reimbursed under this division into the district's general | 54612 |
| fund or a permanent improvement fund to replace local resources | 54613 |
| the district withdrew from those funds, as long as, and to the | 54614 |
| extent that, those local resources were used by the district for | 54615 |
| constructing classroom facilities included in the district's basic | 54616 |
| project cost. | 54617 |
| Sec. 3318.38. (A) As used in this section, "big-eight school | 54618 |
| district" has the same meaning as in section 3314.02 of the | 54619 |
| Revised Code. | 54620 |
| (B) There is hereby established the accelerated urban school | 54621 |
| building assistance program. Under the program, notwithstanding | 54622 |
| section 3318.02 of the Revised Code, any big-eight school district | 54623 |
| that has not been approved to receive assistance under sections | 54624 |
| 3318.01 to 3318.20 of the Revised Code by July 1, 2002, may | 54625 |
| beginning on that date apply for approval of and be approved for | 54626 |
| such assistance. Except as otherwise provided in this section, any | 54627 |
| project approved and undertaken pursuant to this section shall | 54628 |
| comply with all provisions of sections 3318.01 to 3318.20 of the | 54629 |
| Revised Code. | 54630 |
| The Ohio school facilities commission shall provide | 54631 |
| assistance to any big-eight school district eligible for | 54632 |
| assistance under this section in the following manner: | 54633 |
| (1) Notwithstanding section 3318.02 of the Revised Code: | 54634 |
| (a) Not later than June 30, 2002, the commission shall | 54635 |
| conduct an on-site visit and shall assess the classroom facilities | 54636 |
| needs of each big-eight school district eligible for assistance | 54637 |
| under this section; | 54638 |
| (b) Beginning July 1, 2002, any big-eight school district | 54639 |
| eligible for assistance under this section may apply to the | 54640 |
| commission for conditional approval of its project as determined | 54641 |
| by the assessment conducted under division (B)(1)(a) of this | 54642 |
| section. The commission may conditionally approve that project | 54643 |
| and submit it to the controlling board for approval pursuant to | 54644 |
| section 3318.04 of the Revised Code. | 54645 |
| (2) If the controlling board approves the project of a | 54646 |
| big-eight school district eligible for assistance under this | 54647 |
| section, the commission and the school district shall enter into | 54648 |
| an agreement as prescribed in section 3318.08 of the Revised Code. | 54649 |
| Any agreement executed pursuant to this division shall include any | 54650 |
| applicable segmentation provisions as approved by the commission | 54651 |
| under division (B)(3) of this section. | 54652 |
| (3) Notwithstanding any provision to the contrary in sections | 54653 |
| 3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight | 54654 |
| school district eligible for assistance under this section may | 54655 |
| with the approval of the commission opt to divide the project as | 54656 |
| approved under division (B)(1)(b) of this section into discrete | 54657 |
| segments to be completed sequentially. Any project divided into | 54658 |
| segments shall comply with all other provisions of sections | 54659 |
| 3318.05, 3318.06, and 3318.08 of the Revised Code except as | 54660 |
| otherwise specified in this division. | 54661 |
| If a project is divided into segments under this division: | 54662 |
| (a) The school district need raise only the amount equal to | 54663 |
| its proportionate share, as determined under section 3318.032 of | 54664 |
| the Revised Code, of each segment at any one time and may seek | 54665 |
| voter approval of each segment separately; | 54666 |
| (b) The state's proportionate share, as determined under | 54667 |
| section 3318.032 of the Revised Code, of only the segment which | 54668 |
| has been approved by the school district electors or for which the | 54669 |
| district has applied a local donated contribution under section | 54670 |
| 3318.084 of the Revised Code shall be encumbered in accordance | 54671 |
| with section 3318.11 of the Revised Code. Encumbrance of | 54672 |
| additional amounts to cover the state's proportionate share of | 54673 |
| later segments shall be approved separately as they are approved | 54674 |
| by the school district electors or as the district applies a local | 54675 |
| donated contribution to the segments under section 3318.084 of the | 54676 |
| Revised Code. | 54677 |
| (c) | 54678 |
| 54679 | |
| 54680 | |
| 54681 | |
| 54682 | |
| 54683 | |
| district's maintenance levy requirement, as defined in section | 54684 |
| 3318.18 of the Revised Code, shall run for twenty-three years from | 54685 |
| the date the first segment is undertaken. | 54686 |
| (4) For any project under this section, the state funds | 54687 |
| reserved and encumbered and the funds provided by the school | 54688 |
| district to pay the basic project cost of any segment of the | 54689 |
| project, or of the entire project if it is not divided into | 54690 |
| segments, shall be spent on the construction and acquisition of | 54691 |
| the project simultaneously in proportion to the state's and the | 54692 |
| school district's respective shares of that basic project cost as | 54693 |
| determined under section 3318.032 of the Revised Code. | 54694 |
| Sec. 3318.44. (A) A joint vocational school district board of | 54695 |
| education may generate the school district's portion of the basic | 54696 |
| project cost of its project under sections 3318.40 to 3318.45 of | 54697 |
| the Revised Code using any combination of the following means if | 54698 |
| lawfully employed for the acquisition of classroom facilities: | 54699 |
| (1) The issuance of securities in accordance with Chapter | 54700 |
| 133. and section 3311.20 of the Revised Code; | 54701 |
| (2) Local donated contributions as authorized under section | 54702 |
| 3318.084 of the Revised Code; | 54703 |
| (3) A levy for permanent improvements under section 3311.21 | 54704 |
| or 5705.21 of the Revised Code; | 54705 |
| (4) Bonds issued pursuant to division (B) of this section. | 54706 |
| (B) By resolution adopted by a majority of all its members, a | 54707 |
| school district board, in order to pay all or part of the school | 54708 |
| district's portion of its basic project cost, may apply the | 54709 |
| proceeds of a tax levied under section 5705.21 of the Revised Code | 54710 |
| for general permanent improvements if the proceeds of that levy | 54711 |
| lawfully may be used for general construction, renovation, repair, | 54712 |
|
or maintenance of classroom facilities to | 54713 |
|
charges on and financing costs related to bonds
| 54714 |
| pay all or part of the school district portion of the basic | 54715 |
| project cost of the school district's project under sections | 54716 |
| 3318.40 to 3318.45 of the Revised Code or to generate an amount | 54717 |
| equivalent to all or part of the amount required under section | 54718 |
| 3318.43 of the Revised Code to be used for maintenance of | 54719 |
| classroom facilities acquired under the project. Bonds issued | 54720 |
| under this division shall be Chapter 133. securities, and may be | 54721 |
| issued as general obligation securities, but the issuance of the | 54722 |
| bonds shall not be subject to a vote of the electors of the school | 54723 |
| district as long as the tax proceeds earmarked for payment of the | 54724 |
| 54725 | |
| purpose. Such bonds shall not be included in the calculation of | 54726 |
| net indebtedness under section 133.06 of the Revised Code if the | 54727 |
| resolution authorizing their issuance includes covenants to | 54728 |
| appropriate annually, from lawfully available proceeds of a | 54729 |
| property tax levied under section 5705.21 of the Revised Code, and | 54730 |
| to continue to levy that tax in amounts necessary to pay the debt | 54731 |
| charges on and financing costs related to the bonds as they become | 54732 |
| due. No property tax levied under section 5705.21 of the Revised | 54733 |
| Code that is pledged, or that the school district has covenanted | 54734 |
| to levy, collect, and appropriate annually to pay the debt charges | 54735 |
| on and financing costs related to the bonds under this section may | 54736 |
| be repealed while those bonds are outstanding. If such a tax is | 54737 |
| reduced by electors of the district or by the board of education | 54738 |
| while the bonds are outstanding, the board of education shall | 54739 |
| continue to levy and collect the tax under the authority of the | 54740 |
| original election authorizing the tax at a rate in each year that | 54741 |
| the board reasonably estimates will produce an amount in that year | 54742 |
| equal to the debt charges on the bonds in that year. | 54743 |
| No state moneys shall be released for a project to which this | 54744 |
| division applies until the proceeds of any bonds issued under this | 54745 |
| division that are dedicated for payment of the school district's | 54746 |
| portion of the basic project cost are first deposited into the | 54747 |
| school district's project construction fund. | 54748 |
| (C) A school district board of education may adopt a | 54749 |
| resolution proposing that any of the following questions be | 54750 |
| combined with a question specified in section 3318.45 of the | 54751 |
| Revised Code: | 54752 |
| (1) A bond issue question under section 133.18 of the Revised | 54753 |
| Code; | 54754 |
| (2) A tax levy question under section 3311.21 of the Revised | 54755 |
| Code; | 54756 |
| (3) A tax levy question under section 5705.21 of the Revised | 54757 |
| Code. | 54758 |
| Any question described in divisions (C)(1) to (3) of this | 54759 |
| section that is combined with a question proposed under section | 54760 |
| 3318.45 of the Revised Code shall be for the purpose of either | 54761 |
| paying for any permanent improvement, as defined in section 133.01 | 54762 |
| of the Revised Code, or generating operating revenue specifically | 54763 |
| for the facilities acquired under the school district's project | 54764 |
| under Chapter 3318. of the Revised Code or for both to the extent | 54765 |
| such purposes are permitted by the sections of law under which | 54766 |
| each is proposed. | 54767 |
| (D) The board of education of a joint vocational school | 54768 |
| district that receives assistance under this section may enter | 54769 |
| into an agreement for joint issuance of bonds as provided for in | 54770 |
| section 3318.085 of the Revised Code. | 54771 |
| Sec. 3319.073. (A) The board of education of each city and | 54772 |
| exempted village school district and the governing board of each | 54773 |
| educational service center shall adopt or adapt the curriculum | 54774 |
|
developed by the department of education for, or shall develop | 54775 |
| consultation with public or private agencies or persons involved | 54776 |
| in child abuse prevention or intervention programs, a program of | 54777 |
|
in-service training | 54778 |
| 54779 | |
| 54780 | |
| prevention of child abuse, violence, and substance abuse and the | 54781 |
| promotion of positive youth development. Each person employed by | 54782 |
|
any school
district or service center to work in | 54783 |
| school as a nurse, teacher, counselor, school psychologist, or | 54784 |
| administrator shall complete at least four hours of the in-service | 54785 |
|
training | 54786 |
| 54787 | |
| years of commencing employment with the district or center, and | 54788 |
| every five years thereafter. A person who is employed by any | 54789 |
| school district or service center to work in an elementary school | 54790 |
| as a nurse, teacher, counselor, school psychologist, or | 54791 |
|
administrator on | 54792 |
| 2007, shall complete at least four hours of the in-service | 54793 |
|
training | 54794 |
| 54795 | |
| and every five years thereafter. A person who is employed by any | 54796 |
| school district or service center to work in a middle or high | 54797 |
| school as a nurse, teacher, counselor, school psychologist, or | 54798 |
| administrator on the effective date of this amendment shall | 54799 |
| complete at least four hours of the in-service training not later | 54800 |
| than two years after the effective date of this amendment and | 54801 |
| every five years thereafter. | 54802 |
| (B) Each board shall incorporate training in school safety | 54803 |
| and violence prevention into the in-service training required by | 54804 |
| division (A) of this section. For this purpose, the board shall | 54805 |
| adopt or adapt the curriculum developed by the department or shall | 54806 |
| develop its own curriculum in consultation with public or private | 54807 |
| agencies or persons involved in school safety and violence | 54808 |
| prevention programs. | 54809 |
| Sec. 3319.08. (A) The board of education of each city, | 54810 |
| exempted village, local, and joint vocational school district and | 54811 |
| the governing board of each educational service center shall enter | 54812 |
| into written contracts for the employment and reemployment of all | 54813 |
| teachers. Contracts for the employment of teachers shall be of two | 54814 |
| types, limited contracts and continuing contracts. The board of | 54815 |
|
each | 54816 |
| compensation in addition to the base salary stated in the | 54817 |
| teachers' salary schedule for the performance of duties by a | 54818 |
| teacher that are in addition to the teacher's regular teaching | 54819 |
| duties, shall enter into a supplemental written contract with each | 54820 |
| teacher who is to perform additional duties. Such supplemental | 54821 |
| written contracts shall be limited contracts. Such written | 54822 |
| contracts and supplemental written contracts shall set forth the | 54823 |
| teacher's duties and shall specify the salaries and compensation | 54824 |
| to be paid for regular teaching duties and additional teaching | 54825 |
| duties, respectively, either or both of which may be increased but | 54826 |
| not diminished during the term for which the contract is made, | 54827 |
| except as provided in section 3319.12 of the Revised Code. | 54828 |
| If a board adopts a motion or resolution to employ a teacher | 54829 |
| under a limited or continuing contract and the teacher accepts | 54830 |
| such employment, the failure of such parties to execute a written | 54831 |
| contract shall not void such employment contract. | 54832 |
| (B) Teachers must be paid for all time lost when the schools | 54833 |
| in which they are employed are closed due to an epidemic or other | 54834 |
| public calamity, and for time lost due to illness or otherwise for | 54835 |
| not less than five days annually as authorized by regulations | 54836 |
| which each board shall adopt. | 54837 |
| | 54838 |
| 54839 |
| | 54840 |
| (1) For a superintendent, a contract for such term as | 54841 |
| authorized by section 3319.01 of the Revised Code; | 54842 |
| (2) For an assistant superintendent, principal, assistant | 54843 |
| principal, or other administrator, a contract for such term as | 54844 |
| authorized by section 3319.02 of the Revised Code; | 54845 |
| (3) For all other teachers, a contract for a term not to | 54846 |
| exceed five years. | 54847 |
| | 54848 |
| effect until the teacher resigns, elects to retire, or is retired | 54849 |
| pursuant to former section 3307.37 of the Revised Code, or until | 54850 |
| it is terminated or suspended and shall be granted only to the | 54851 |
| following: | 54852 |
| (1) Any teacher holding a professional, permanent, or life | 54853 |
| teacher's certificate; | 54854 |
| (2) Any teacher | 54855 |
| meets the following conditions: | 54856 |
| (a) The teacher was initially issued a teacher's certificate | 54857 |
| or educator license prior to January 1, 2011. | 54858 |
| (b) The teacher holds a professional educator license issued | 54859 |
| under section 3319.22 or 3319.222 or former section 3319.22 of the | 54860 |
| Revised Code or a senior professional educator license or lead | 54861 |
| professional educator license issued under section 3319.22 of the | 54862 |
| Revised Code. | 54863 |
| (c) The teacher has completed the applicable one of the | 54864 |
| following: | 54865 |
| | 54866 |
| at the time of initially receiving a teacher's certificate under | 54867 |
| former law or an educator license, thirty semester hours of | 54868 |
| coursework in the area of licensure or in an area related to the | 54869 |
| teaching field since the initial issuance of such certificate or | 54870 |
| license, as specified in rules which the state board of education | 54871 |
| shall adopt; | 54872 |
| | 54873 |
| time of initially receiving a teacher's certificate under former | 54874 |
| law or an educator license, six semester hours of graduate | 54875 |
| coursework in the area of licensure or in an area related to the | 54876 |
| teaching field since the initial issuance of such certificate or | 54877 |
|
license, as specified in rules which the state board | 54878 |
| shall adopt. | 54879 |
| | 54880 |
| (a) The teacher never held a teacher's certificate and was | 54881 |
| initially issued an educator license on or after January 1, 2011. | 54882 |
| (b) The teacher holds a professional educator license, senior | 54883 |
| professional educator license, or lead professional educator | 54884 |
| license issued under section 3319.22 of the Revised Code. | 54885 |
| (c) The teacher has held an educator license for at least | 54886 |
| five years. | 54887 |
| (d) The teacher has completed the applicable one of the | 54888 |
| following: | 54889 |
| (i) If the teacher did not hold a master's degree at the time | 54890 |
| of initially receiving an educator license, thirty semester hours | 54891 |
| of coursework in the area of licensure or in an area related to | 54892 |
| the teaching field since the initial issuance of that license, as | 54893 |
| specified in rules which the state board shall adopt; | 54894 |
| (ii) If the teacher held a master's degree at the time of | 54895 |
| initially receiving an educator license, six semester hours of | 54896 |
| graduate coursework in the area of licensure or in an area related | 54897 |
| to the teaching field since the initial issuance of that license, | 54898 |
| as specified in rules which the state board shall adopt. | 54899 |
| (E) Division (D) of this section applies only to continuing | 54900 |
|
contracts entered into on or after | 54901 |
| date of this amendment. Nothing in that division shall be | 54902 |
| construed to void or otherwise affect a continuing contract | 54903 |
| entered into prior to that date. | 54904 |
| Notwithstanding any provision to the contrary in Chapter | 54905 |
| 4117. of the Revised Code, the requirements of division (D)(3) of | 54906 |
| this section prevail over any conflicting provisions of a | 54907 |
| collective bargaining agreement entered into on or after the | 54908 |
| effective date of this amendment. | 54909 |
| (F) Wherever the term "educator license" is used in this | 54910 |
| section without reference to a specific type of educator license, | 54911 |
| the term does not include an educator license for substitute | 54912 |
| teaching issued under section 3319.226 of the Revised Code. | 54913 |
| Sec. 3319.081. Except as otherwise provided in division (G) | 54914 |
| of this section, in all school districts wherein the provisions of | 54915 |
| Chapter 124. of the Revised Code do not apply, the following | 54916 |
| employment contract system shall control for employees whose | 54917 |
| contracts of employment are not otherwise provided by law: | 54918 |
| (A) Newly hired regular nonteaching school employees, | 54919 |
| including regular hourly rate and per diem employees, shall enter | 54920 |
| into written contracts for their employment which shall be for a | 54921 |
| period of not more than one year. If such employees are rehired, | 54922 |
| their subsequent contract shall be for a period of two years. | 54923 |
| (B) After the termination of the two-year contract provided | 54924 |
| in division (A) of this section, if the contract of a nonteaching | 54925 |
| employee is renewed, the employee shall be continued in | 54926 |
| employment, and the salary provided in the contract may be | 54927 |
| increased but not reduced unless such reduction is a part of a | 54928 |
| uniform plan affecting the nonteaching employees of the entire | 54929 |
| district. | 54930 |
| (C) The contracts as provided for in this section may be | 54931 |
| terminated by a majority vote of the board of education. Except as | 54932 |
|
provided in | 54933 |
| Code, the contracts may be terminated only for violation of | 54934 |
| written rules and regulations as set forth by the board of | 54935 |
| education or for incompetency, inefficiency, dishonesty, | 54936 |
| drunkenness, immoral conduct, insubordination, discourteous | 54937 |
| treatment of the public, neglect of duty, or any other acts of | 54938 |
| misfeasance, malfeasance, or nonfeasance. In addition to the right | 54939 |
| of the board of education to terminate the contract of an | 54940 |
| employee, the board may suspend an employee for a definite period | 54941 |
| of time or demote the employee for the reasons set forth in this | 54942 |
| division. The action of the board of education terminating the | 54943 |
| contract of an employee or suspending or demoting the employee | 54944 |
| shall be served upon the employee by certified mail. Within ten | 54945 |
| days following the receipt of such notice by the employee, the | 54946 |
| employee may file an appeal, in writing, with the court of common | 54947 |
| pleas of the county in which such school board is situated. After | 54948 |
| hearing the appeal the common pleas court may affirm, disaffirm, | 54949 |
| or modify the action of the school board. | 54950 |
| A violation of division (A)(7) of section 2907.03 of the | 54951 |
| Revised Code is grounds for termination of employment of a | 54952 |
| nonteaching employee under this division. | 54953 |
| (D) All employees who have been employed by a school district | 54954 |
| where the provisions of Chapter 124. of the Revised Code do not | 54955 |
| apply, for a period of at least three years on November 24, 1967, | 54956 |
| shall hold continuing contracts of employment pursuant to this | 54957 |
| section. | 54958 |
| (E) Any nonteaching school employee may terminate the | 54959 |
| nonteaching school employee's contract of employment thirty days | 54960 |
| subsequent to the filing of a written notice of such termination | 54961 |
| with the treasurer of the board. | 54962 |
| (F) A person hired exclusively for the purpose of replacing a | 54963 |
| nonteaching school employee while such employee is on leave of | 54964 |
| absence granted under section 3319.13 of the Revised Code is not a | 54965 |
| regular nonteaching school employee under this section. | 54966 |
| (G) All nonteaching employees employed pursuant to this | 54967 |
| section and Chapter 124. of the Revised Code shall be paid for all | 54968 |
| time lost when the schools in which they are employed are closed | 54969 |
| owing to an epidemic or other public calamity. Nothing in this | 54970 |
| division shall be construed as requiring payment in excess of an | 54971 |
| employee's regular wage rate or salary for any time worked while | 54972 |
| the school in which the employee is employed is officially closed | 54973 |
| for the reasons set forth in this division. | 54974 |
| Sec. 3319.088. As used in this section, "educational | 54975 |
| assistant" means any nonteaching employee in a school district who | 54976 |
| directly assists a teacher as defined in section 3319.09 of the | 54977 |
| Revised Code, by performing duties for which a license issued | 54978 |
| pursuant to sections 3319.22 to 3319.30 of the Revised Code is not | 54979 |
| required. | 54980 |
| (A) The state board of education shall issue educational aide | 54981 |
| permits and educational paraprofessional licenses for educational | 54982 |
| assistants and shall adopt rules for the issuance and renewal of | 54983 |
| such permits and licenses which shall be consistent with the | 54984 |
| provisions of this section. Educational aide permits and | 54985 |
| educational paraprofessional licenses may be of several types and | 54986 |
| the rules shall prescribe the minimum qualifications of education, | 54987 |
| health, and character for the service to be authorized under each | 54988 |
| type. The prescribed minimum qualifications may require special | 54989 |
| training or educational courses designed to qualify a person to | 54990 |
| perform effectively the duties authorized under an educational | 54991 |
| aide permit or educational paraprofessional license. | 54992 |
| (B)(1) Any application for a permit or license, or a renewal | 54993 |
| or duplicate of a permit or license, under this section shall be | 54994 |
| accompanied by the payment of a fee in the amount established | 54995 |
| under division (A) of section 3319.51 of the Revised Code. Any | 54996 |
| fees received under this division shall be paid into the state | 54997 |
| treasury to the credit of the state board of education licensure | 54998 |
| fund established under division (B) of section 3319.51 of the | 54999 |
| Revised Code. | 55000 |
| (2) Any person applying for or holding a permit or license | 55001 |
| pursuant to this section is subject to sections 3123.41 to 3123.50 | 55002 |
| of the Revised Code and any applicable rules adopted under section | 55003 |
| 3123.63 of the Revised Code and sections 3319.31 and 3319.311 of | 55004 |
| the Revised Code. | 55005 |
| (C) Educational assistants shall at all times while in the | 55006 |
| performance of their duties be under the supervision and direction | 55007 |
| of a teacher as defined in section 3319.09 of the Revised Code. | 55008 |
| Educational assistants may assist a teacher to whom assigned in | 55009 |
| the supervision of pupils, in assisting with instructional tasks, | 55010 |
| and in the performance of duties which, in the judgment of the | 55011 |
| teacher to whom the assistant is assigned, may be performed by a | 55012 |
| person not licensed pursuant to sections 3319.22 to 3319.30 of the | 55013 |
| Revised Code and for which a teaching license, issued pursuant to | 55014 |
| sections 3319.22 to 3319.30 of the Revised Code is not required. | 55015 |
| The duties of an educational assistant shall not include the | 55016 |
| assignment of grades to pupils. The duties of an educational | 55017 |
| 55018 | |
| presence of the teacher to whom assigned, but the activity of an | 55019 |
| educational assistant shall at all times be under the direction of | 55020 |
| the teacher to whom assigned. The assignment of an educational | 55021 |
| assistant need not be limited to assisting a single teacher. In | 55022 |
| the event an educational assistant is assigned to assist more than | 55023 |
| one teacher the assignments shall be clearly delineated and so | 55024 |
| arranged that the educational assistant shall never be subject to | 55025 |
| simultaneous supervision or direction by more than one teacher. | 55026 |
| Educational assistants assigned to supervise children shall, | 55027 |
| when the teacher to whom assigned is not physically present, | 55028 |
|
maintain the degree of control and discipline | 55029 |
|
maintained by the teacher | 55030 |
| 55031 |
| | 55032 |
| 55033 | |
| assistants may not be used in place of classroom teachers or other | 55034 |
| employees and any payment of compensation by boards of education | 55035 |
| to educational assistants for such services is prohibited. The | 55036 |
| ratio between the number of licensed teachers and the pupils in a | 55037 |
| school district may not be decreased by utilization of educational | 55038 |
| assistants and no grouping, or other organization of pupils, for | 55039 |
| utilization of educational assistants shall be established which | 55040 |
| is inconsistent with sound educational practices and procedures. A | 55041 |
| school district may employ up to one full time equivalent | 55042 |
| educational assistant for each six full time equivalent licensed | 55043 |
| employees of the district. Educational assistants shall not be | 55044 |
| counted as licensed employees for purposes of state support in | 55045 |
| the school foundation program and no grouping or regrouping of | 55046 |
| pupils with educational assistants may be counted as a class or | 55047 |
| unit for school foundation program purposes. Neither special | 55048 |
| courses required by the regulations of the state board of | 55049 |
| education, prescribing minimum qualifications of education for an | 55050 |
| educational assistant, nor years of service as an educational | 55051 |
| assistant shall be counted in any way toward qualifying for a | 55052 |
| teacher license, for a teacher contract of any type, or for | 55053 |
| determining placement on a salary schedule in a school district | 55054 |
| as a teacher. | 55055 |
| (D) Educational assistants employed by a board of education | 55056 |
| shall have all rights, benefits, and legal protection available to | 55057 |
| other nonteaching employees in the school district, except that | 55058 |
| provisions of Chapter 124. of the Revised Code shall not apply to | 55059 |
| any person employed as an educational assistant, and shall be | 55060 |
| members of the school employees retirement system. Educational | 55061 |
| assistants shall be compensated according to a salary plan adopted | 55062 |
| annually by the board. | 55063 |
| Except as provided in this section nonteaching employees | 55064 |
| shall not serve as educational assistants without first obtaining | 55065 |
| an appropriate educational aide permit or educational | 55066 |
| paraprofessional license from the state board of education. A | 55067 |
| nonteaching employee who is the holder of a valid educational aide | 55068 |
| permit or educational paraprofessional license shall neither | 55069 |
| render nor be required to render services inconsistent with the | 55070 |
| type of services authorized by the permit or license held. No | 55071 |
| person shall receive compensation from a board of education for | 55072 |
| services rendered as an educational assistant in violation of this | 55073 |
| provision. | 55074 |
| Nonteaching employees whose functions are solely | 55075 |
| secretarial-clerical and who do not perform any other duties as | 55076 |
| educational assistants, even though they assist a teacher and work | 55077 |
| under the direction of a teacher shall not be required to hold a | 55078 |
| permit or license issued pursuant to this section. Students | 55079 |
| preparing to become licensed teachers or educational assistants | 55080 |
| shall not be required to hold an educational aide permit or | 55081 |
| paraprofessional license for such periods of time as such students | 55082 |
| are assigned, as part of their training program, to work with a | 55083 |
| teacher in a school district. Such students shall not be | 55084 |
| compensated for such services. | 55085 |
| Following the determination of the assignment and general job | 55086 |
| description of an educational assistant and subject to supervision | 55087 |
| by the teacher's immediate administrative officer, a teacher to | 55088 |
| whom an educational assistant is assigned shall make all final | 55089 |
| determinations of the duties to be assigned to such assistant. | 55090 |
| Teachers shall not be required to hold a license designated for | 55091 |
| being a supervisor or administrator in order to perform the | 55092 |
| necessary supervision of educational assistants. | 55093 |
| (E) No person who is, or who has been employed as an | 55094 |
| educational assistant shall divulge, except to the teacher to whom | 55095 |
| assigned, or the administrator of the school in the absence of the | 55096 |
| teacher to whom assigned, or when required to testify in a court | 55097 |
| or proceedings, any personal information concerning any pupil in | 55098 |
| the school district which was obtained or obtainable by the | 55099 |
| educational assistant while so employed. Violation of this | 55100 |
| provision is grounds for disciplinary action or dismissal, or | 55101 |
| both. | 55102 |
| Sec. 3319.11. (A) As used in this section: | 55103 |
| (1) "Evaluation procedures" means the procedures adopted | 55104 |
| pursuant to division (B) of section 3319.111 of the Revised Code. | 55105 |
| (2) "Limited contract" means a limited contract, as described | 55106 |
| in section 3319.08 of the Revised Code, that a school district | 55107 |
| board of education or governing board of an educational service | 55108 |
| center enters into with a teacher who is not eligible for | 55109 |
| continuing service status. | 55110 |
| (3) "Extended limited contract" means a limited contract, as | 55111 |
| described in section 3319.08 of the Revised Code, that a board of | 55112 |
| education or governing board enters into with a teacher who is | 55113 |
| eligible for continuing service status. | 55114 |
| (B) Teachers eligible for continuing service status in any | 55115 |
| city, exempted village, local, or joint vocational school district | 55116 |
| or educational service center shall be those teachers qualified as | 55117 |
|
described in division | 55118 |
| Revised Code, who within the last five years have taught for at | 55119 |
| least three years in the district or center, and those teachers | 55120 |
| who, having attained continuing contract status elsewhere, have | 55121 |
| served two years in the district or center, but the board, upon | 55122 |
| the recommendation of the superintendent, may at the time of | 55123 |
| employment or at any time within such two-year period, declare any | 55124 |
| of the latter teachers eligible. | 55125 |
| (1) Upon the recommendation of the superintendent that a | 55126 |
| teacher eligible for continuing service status be reemployed, a | 55127 |
| continuing contract shall be entered into between the board and | 55128 |
| the teacher unless the board by a three-fourths vote of its full | 55129 |
| membership rejects the recommendation of the superintendent. If | 55130 |
| the board rejects by a three-fourths vote of its full membership | 55131 |
| the recommendation of the superintendent that a teacher eligible | 55132 |
| for continuing service status be reemployed and the superintendent | 55133 |
| makes no recommendation to the board pursuant to division (C) of | 55134 |
| this section, the board may declare its intention not to reemploy | 55135 |
| the teacher by giving the teacher written notice on or before the | 55136 |
| thirtieth day of April of its intention not to reemploy the | 55137 |
| teacher. If evaluation procedures have not been complied with | 55138 |
| pursuant to division (A) of section 3319.111 of the Revised Code | 55139 |
| or the board does not give the teacher written notice on or before | 55140 |
| the thirtieth day of April of its intention not to reemploy the | 55141 |
| teacher, the teacher is deemed reemployed under an extended | 55142 |
| limited contract for a term not to exceed one year at the same | 55143 |
| salary plus any increment provided by the salary schedule. The | 55144 |
| teacher is presumed to have accepted employment under the extended | 55145 |
| limited contract for a term not to exceed one year unless such | 55146 |
| teacher notifies the board in writing to the contrary on or before | 55147 |
| the first day of June, and an extended limited contract for a term | 55148 |
| not to exceed one year shall be executed accordingly. Upon any | 55149 |
| subsequent reemployment of the teacher only a continuing contract | 55150 |
| may be entered into. | 55151 |
| (2) If the superintendent recommends that a teacher eligible | 55152 |
| for continuing service status not be reemployed, the board may | 55153 |
| declare its intention not to reemploy the teacher by giving the | 55154 |
| teacher written notice on or before the thirtieth day of April of | 55155 |
| its intention not to reemploy the teacher. If evaluation | 55156 |
| procedures have not been complied with pursuant to division (A) of | 55157 |
| section 3319.111 of the Revised Code or the board does not give | 55158 |
| the teacher written notice on or before the thirtieth day of April | 55159 |
| of its intention not to reemploy the teacher, the teacher is | 55160 |
| deemed reemployed under an extended limited contract for a term | 55161 |
| not to exceed one year at the same salary plus any increment | 55162 |
| provided by the salary schedule. The teacher is presumed to have | 55163 |
| accepted employment under the extended limited contract for a term | 55164 |
| not to exceed one year unless such teacher notifies the board in | 55165 |
| writing to the contrary on or before the first day of June, and an | 55166 |
| extended limited contract for a term not to exceed one year shall | 55167 |
| be executed accordingly. Upon any subsequent reemployment of a | 55168 |
| teacher only a continuing contract may be entered into. | 55169 |
| (3) Any teacher receiving written notice of the intention of | 55170 |
| a board not to reemploy such teacher pursuant to this division is | 55171 |
| entitled to the hearing provisions of division (G) of this | 55172 |
| section. | 55173 |
| (C)(1) If a board rejects the recommendation of the | 55174 |
| superintendent for reemployment of a teacher pursuant to division | 55175 |
| (B)(1) of this section, the superintendent may recommend | 55176 |
| reemployment of the teacher, if continuing service status has not | 55177 |
| previously been attained elsewhere, under an extended limited | 55178 |
| contract for a term not to exceed two years, provided that written | 55179 |
| notice of the superintendent's intention to make such | 55180 |
| recommendation has been given to the teacher with reasons directed | 55181 |
| at the professional improvement of the teacher on or before the | 55182 |
| thirtieth day of April. Upon subsequent reemployment of the | 55183 |
| teacher only a continuing contract may be entered into. | 55184 |
| (2) If a board of education takes affirmative action on a | 55185 |
| superintendent's recommendation, made pursuant to division (C)(1) | 55186 |
| of this section, of an extended limited contract for a term not to | 55187 |
| exceed two years but the board does not give the teacher written | 55188 |
| notice of its affirmative action on the superintendent's | 55189 |
| recommendation of an extended limited contract on or before the | 55190 |
| thirtieth day of April, the teacher is deemed reemployed under a | 55191 |
| continuing contract at the same salary plus any increment provided | 55192 |
| by the salary schedule. The teacher is presumed to have accepted | 55193 |
| employment under such continuing contract unless such teacher | 55194 |
| notifies the board in writing to the contrary on or before the | 55195 |
| first day of June, and a continuing contract shall be executed | 55196 |
| accordingly. | 55197 |
| (3) A board shall not reject a superintendent's | 55198 |
| recommendation, made pursuant to division (C)(1) of this section, | 55199 |
| of an extended limited contract for a term not to exceed two years | 55200 |
| except by a three-fourths vote of its full membership. If a board | 55201 |
| rejects by a three-fourths vote of its full membership the | 55202 |
| recommendation of the superintendent of an extended limited | 55203 |
| contract for a term not to exceed two years, the board may declare | 55204 |
| its intention not to reemploy the teacher by giving the teacher | 55205 |
| written notice on or before the thirtieth day of April of its | 55206 |
| intention not to reemploy the teacher. If evaluation procedures | 55207 |
| have not been complied with pursuant to division (A) of section | 55208 |
| 3319.111 of the Revised Code or if the board does not give the | 55209 |
| teacher written notice on or before the thirtieth day of April of | 55210 |
| its intention not to reemploy the teacher, the teacher is deemed | 55211 |
| reemployed under an extended limited contract for a term not to | 55212 |
| exceed one year at the same salary plus any increment provided by | 55213 |
| the salary schedule. The teacher is presumed to have accepted | 55214 |
| employment under the extended limited contract for a term not to | 55215 |
| exceed one year unless such teacher notifies the board in writing | 55216 |
| to the contrary on or before the first day of June, and an | 55217 |
| extended limited contract for a term not to exceed one year shall | 55218 |
| be executed accordingly. Upon any subsequent reemployment of the | 55219 |
| teacher only a continuing contract may be entered into. | 55220 |
| Any teacher receiving written notice of the intention of a | 55221 |
| board not to reemploy such teacher pursuant to this division is | 55222 |
| entitled to the hearing provisions of division (G) of this | 55223 |
| section. | 55224 |
| (D) A teacher eligible for continuing contract status | 55225 |
| employed under an extended limited contract pursuant to division | 55226 |
| (B) or (C) of this section, is, at the expiration of such extended | 55227 |
| limited contract, deemed reemployed under a continuing contract at | 55228 |
| the same salary plus any increment granted by the salary schedule, | 55229 |
| unless evaluation procedures have been complied with pursuant to | 55230 |
| division (A) of section 3319.111 of the Revised Code and the | 55231 |
| employing board, acting on the superintendent's recommendation | 55232 |
| that the teacher not be reemployed, gives the teacher written | 55233 |
| notice on or before the thirtieth day of April of its intention | 55234 |
| not to reemploy such teacher. A teacher who does not have | 55235 |
| evaluation procedures applied in compliance with division (A) of | 55236 |
| section 3319.111 of the Revised Code or who does not receive | 55237 |
| notice on or before the thirtieth day of April of the intention of | 55238 |
| the board not to reemploy such teacher is presumed to have | 55239 |
| accepted employment under a continuing contract unless such | 55240 |
| teacher notifies the board in writing to the contrary on or before | 55241 |
| the first day of June, and a continuing contract shall be executed | 55242 |
| accordingly. | 55243 |
| Any teacher receiving a written notice of the intention of a | 55244 |
| board not to reemploy such teacher pursuant to this division is | 55245 |
| entitled to the hearing provisions of division (G) of this | 55246 |
| section. | 55247 |
| (E) A limited contract may be entered into by each board with | 55248 |
| each teacher who has not been in the employ of the board for at | 55249 |
| least three years and shall be entered into, regardless of length | 55250 |
| of previous employment, with each teacher employed by the board | 55251 |
|
who | 55252 |
| 55253 | |
| for a continuing contract. | 55254 |
| Any teacher employed under a limited contract, and not | 55255 |
| eligible to be considered for a continuing contract, is, at the | 55256 |
| expiration of such limited contract, considered reemployed under | 55257 |
| the provisions of this division at the same salary plus any | 55258 |
| increment provided by the salary schedule unless evaluation | 55259 |
| procedures have been complied with pursuant to division (A) of | 55260 |
| section 3319.111 of the Revised Code and the employing board, | 55261 |
| acting upon the superintendent's written recommendation that the | 55262 |
| teacher not be reemployed, gives such teacher written notice of | 55263 |
| its intention not to reemploy such teacher on or before the | 55264 |
| thirtieth day of April. A teacher who does not have evaluation | 55265 |
| procedures applied in compliance with division (A) of section | 55266 |
| 3319.111 of the Revised Code or who does not receive notice of the | 55267 |
| intention of the board not to reemploy such teacher on or before | 55268 |
| the thirtieth day of April is presumed to have accepted such | 55269 |
| employment unless such teacher notifies the board in writing to | 55270 |
| the contrary on or before the first day of June, and a written | 55271 |
| contract for the succeeding school year shall be executed | 55272 |
| accordingly. | 55273 |
| Any teacher receiving a written notice of the intention of a | 55274 |
| board not to reemploy such teacher pursuant to this division is | 55275 |
| entitled to the hearing provisions of division (G) of this | 55276 |
| section. | 55277 |
| (F) The failure of a superintendent to make a recommendation | 55278 |
| to the board under any of the conditions set forth in divisions | 55279 |
| (B) to (E) of this section, or the failure of the board to give | 55280 |
| such teacher a written notice pursuant to divisions (C) to (E) of | 55281 |
| this section shall not prejudice or prevent a teacher from being | 55282 |
| deemed reemployed under either a limited or continuing contract as | 55283 |
| the case may be under the provisions of this section. A failure of | 55284 |
| the parties to execute a written contract shall not void any | 55285 |
| automatic reemployment provisions of this section. | 55286 |
| (G)(1) Any teacher receiving written notice of the intention | 55287 |
| of a board of education not to reemploy such teacher pursuant to | 55288 |
| division (B), (C)(3), (D), or (E) of this section may, within ten | 55289 |
| days of the date of receipt of the notice, file with the treasurer | 55290 |
| of the board a written demand for a written statement describing | 55291 |
| the circumstances that led to the board's intention not to | 55292 |
| reemploy the teacher. | 55293 |
| (2) The treasurer of a board, on behalf of the board, shall, | 55294 |
| within ten days of the date of receipt of a written demand for a | 55295 |
| written statement pursuant to division (G)(1) of this section, | 55296 |
| provide to the teacher a written statement describing the | 55297 |
| circumstances that led to the board's intention not to reemploy | 55298 |
| the teacher. | 55299 |
| (3) Any teacher receiving a written statement describing the | 55300 |
| circumstances that led to the board's intention not to reemploy | 55301 |
| the teacher pursuant to division (G)(2) of this section may, | 55302 |
| within five days of the date of receipt of the statement, file | 55303 |
| with the treasurer of the board a written demand for a hearing | 55304 |
| before the board pursuant to divisions (G)(4) to (6) of this | 55305 |
| section. | 55306 |
| (4) The treasurer of a board, on behalf of the board, shall, | 55307 |
| within ten days of the date of receipt of a written demand for a | 55308 |
| hearing pursuant to division (G)(3) of this section, provide to | 55309 |
| the teacher a written notice setting forth the time, date, and | 55310 |
| place of the hearing. The board shall schedule and conclude the | 55311 |
| hearing within forty days of the date on which the treasurer of | 55312 |
| the board receives a written demand for a hearing pursuant to | 55313 |
| division (G)(3) of this section. | 55314 |
| (5) Any hearing conducted pursuant to this division shall be | 55315 |
| conducted by a majority of the members of the board. The hearing | 55316 |
| shall be held in executive session of the board unless the board | 55317 |
| and the teacher agree to hold the hearing in public. The | 55318 |
| superintendent, assistant superintendent, the teacher, and any | 55319 |
| person designated by either party to take a record of the hearing | 55320 |
| may be present at the hearing. The board may be represented by | 55321 |
| counsel and the teacher may be represented by counsel or a | 55322 |
| designee. A record of the hearing may be taken by either party at | 55323 |
| the expense of the party taking the record. | 55324 |
| (6) Within ten days of the conclusion of a hearing conducted | 55325 |
| pursuant to this division, the board shall issue to the teacher a | 55326 |
| written decision containing an order affirming the intention of | 55327 |
| the board not to reemploy the teacher reported in the notice given | 55328 |
| to the teacher pursuant to division (B), (C)(3), (D), or (E) of | 55329 |
| this section or an order vacating the intention not to reemploy | 55330 |
| and expunging any record of the intention, notice of the | 55331 |
| intention, and the hearing conducted pursuant to this division. | 55332 |
| (7) A teacher may appeal an order affirming the intention of | 55333 |
| the board not to reemploy the teacher to the court of common pleas | 55334 |
| of the county in which the largest portion of the territory of the | 55335 |
| school district or service center is located, within thirty days | 55336 |
| of the date on which the teacher receives the written decision, on | 55337 |
| the grounds that the board has not complied with this section | 55338 |
| 55339 |
| Notwithstanding section 2506.04 of the Revised Code, the | 55340 |
| court in an appeal under this division is limited to the | 55341 |
| determination of procedural errors and to ordering the correction | 55342 |
| of procedural errors and shall have no jurisdiction to order a | 55343 |
| board to reemploy a teacher, except that the court may order a | 55344 |
| board to reemploy a teacher in compliance with the requirements of | 55345 |
| division (B), (C)(3), (D), or (E) of this section when the court | 55346 |
| determines that evaluation procedures have not been complied with | 55347 |
| pursuant to division (A) of section 3319.111 of the Revised Code | 55348 |
| or the board has not given the teacher written notice on or before | 55349 |
| the thirtieth day of April of its intention not to reemploy the | 55350 |
| teacher pursuant to division (B), (C)(3), (D), or (E) of this | 55351 |
| section. Otherwise, the determination whether to reemploy or not | 55352 |
| reemploy a teacher is solely a board's determination and not a | 55353 |
| proper subject of judicial review and, except as provided in this | 55354 |
| division, no decision of a board whether to reemploy or not | 55355 |
| reemploy a teacher shall be invalidated by the court on any basis, | 55356 |
| including that the decision was not warranted by the results of | 55357 |
| any evaluation or was not warranted by any statement given | 55358 |
| pursuant to division (G)(2) of this section. | 55359 |
| No appeal of an order of a board may be made except as | 55360 |
| specified in this division. | 55361 |
| (H)(1) In giving a teacher any notice required by division | 55362 |
| (B), (C), (D), or (E) of this section, the board or the | 55363 |
| superintendent shall do either of the following: | 55364 |
| (a) Deliver the notice by personal service upon the teacher; | 55365 |
| (b) Deliver the notice by certified mail, return receipt | 55366 |
| requested, addressed to the teacher at the teacher's place of | 55367 |
| employment and deliver a copy of the notice by certified mail, | 55368 |
| return receipt requested, addressed to the teacher at the | 55369 |
| teacher's place of residence. | 55370 |
| (2) In giving a board any notice required by division (B), | 55371 |
| (C), (D), or (E) of this section, the teacher shall do either of | 55372 |
| the following: | 55373 |
| (a) Deliver the notice by personal delivery to the office of | 55374 |
| the superintendent during regular business hours; | 55375 |
| (b) Deliver the notice by certified mail, return receipt | 55376 |
| requested, addressed to the office of the superintendent and | 55377 |
| deliver a copy of the notice by certified mail, return receipt | 55378 |
| requested, addressed to the president of the board at the | 55379 |
| president's place of residence. | 55380 |
| (3) When any notice and copy of the notice are mailed | 55381 |
| pursuant to division (H)(1)(b) or (2)(b) of this section, the | 55382 |
| notice or copy of the notice with the earlier date of receipt | 55383 |
| shall constitute the notice for the purposes of division (B), (C), | 55384 |
| (D), or (E) of this section. | 55385 |
| (I) The provisions of this section shall not apply to any | 55386 |
| supplemental written contracts entered into pursuant to section | 55387 |
| 3319.08 of the Revised Code. | 55388 |
| Sec. 3319.151. (A) No person shall reveal to any student any | 55389 |
|
specific question that the person knows is part of | 55390 |
| assessment to be administered under section 3301.0711 of the | 55391 |
|
Revised Code or in
any other way assist a pupil to cheat on such | 55392 |
| 55393 |
| (B) On a finding by the state board of education, after | 55394 |
| investigation, that a school employee who holds a license issued | 55395 |
| under sections 3319.22 to 3319.31 of the Revised Code has violated | 55396 |
| division (A) of this section, the license of such teacher shall be | 55397 |
| suspended for one year. Prior to commencing an investigation, the | 55398 |
| board shall give the teacher notice of the allegation and an | 55399 |
| opportunity to respond and present a defense. | 55400 |
| (C)(1) Violation of division (A) of this section is grounds | 55401 |
| for termination of employment of a nonteaching employee under | 55402 |
| division (C) of section 3319.081 or section 124.34 of the Revised | 55403 |
| Code. | 55404 |
| (2) Violation of division (A) of this section is grounds for | 55405 |
| termination of a teacher contract under section 3319.16 of the | 55406 |
| Revised Code. | 55407 |
| Sec. 3319.16. The contract of any teacher employed by the | 55408 |
| board of education of any city, exempted village, local, county, | 55409 |
| or joint vocational school district may not be terminated except | 55410 |
| 55411 | |
| 55412 | |
|
for | 55413 |
| provision to the contrary in Chapter 4117. of the Revised Code, | 55414 |
| the provisions of this section relating to the grounds for | 55415 |
| termination of the contract of a teacher prevail over any | 55416 |
| conflicting provisions of a collective bargaining agreement | 55417 |
| entered into after the effective date of this amendment. | 55418 |
| Before terminating any contract, the employing board shall | 55419 |
| furnish the teacher a written notice signed by its treasurer of | 55420 |
|
its intention to consider the
termination of | 55421 |
| contract with full specification of the grounds for such | 55422 |
| consideration. The board shall not proceed with formal action to | 55423 |
| terminate the contract until after the tenth day after receipt of | 55424 |
| the notice by the teacher. Within ten days after receipt of the | 55425 |
| notice from the treasurer of the board, the teacher may file with | 55426 |
| the treasurer a written demand for a hearing before the board or | 55427 |
| before a referee, and the board shall set a time for the hearing | 55428 |
| which shall be within thirty days from the date of receipt of the | 55429 |
| written demand, and the treasurer shall give the teacher at least | 55430 |
| twenty days' notice in writing of the time and place of the | 55431 |
| hearing. If a referee is demanded by either the teacher or board, | 55432 |
| the treasurer also shall give twenty days' notice to the | 55433 |
| superintendent of public instruction. No hearing shall be held | 55434 |
| during the summer vacation without the teacher's consent. The | 55435 |
| hearing shall be private unless the teacher requests a public | 55436 |
| hearing. The hearing shall be conducted by a referee appointed | 55437 |
| pursuant to section 3319.161 of the Revised Code, if demanded; | 55438 |
| otherwise, it shall be conducted by a majority of the members of | 55439 |
| the board and shall be confined to the grounds given for the | 55440 |
| termination. The board shall provide for a complete stenographic | 55441 |
| record of the proceedings, a copy of the record to be furnished to | 55442 |
| the teacher. The board may suspend a teacher pending final action | 55443 |
|
to terminate | 55444 |
| character of the charges warrants such action. | 55445 |
| Both parties may be present at such hearing, be represented | 55446 |
| by counsel, require witnesses to be under oath, cross-examine | 55447 |
| witnesses, take a record of the proceedings, and require the | 55448 |
| presence of witnesses in their behalf upon subpoena to be issued | 55449 |
| by the treasurer of the board. In case of the failure of any | 55450 |
| person to comply with a subpoena, a judge of the court of common | 55451 |
| pleas of the county in which the person resides, upon application | 55452 |
| of any interested party, shall compel attendance of the person by | 55453 |
| attachment proceedings as for contempt. Any member of the board or | 55454 |
| the referee may administer oaths to witnesses. After a hearing by | 55455 |
|
a referee, the referee shall file | 55456 |
| after the termination of the hearing. After consideration of the | 55457 |
| referee's report, the board, by a majority vote, may accept or | 55458 |
| reject the referee's recommendation on the termination of the | 55459 |
| teacher's contract. After a hearing by the board, the board, by | 55460 |
| majority vote, may enter its determination upon its minutes. Any | 55461 |
| order of termination of a contract shall state the grounds for | 55462 |
| termination. If the decision, after hearing, is against | 55463 |
| termination of the contract, the charges and the record of the | 55464 |
| hearing shall be physically expunged from the minutes, and, if the | 55465 |
| teacher has suffered any loss of salary by reason of being | 55466 |
|
suspended, | 55467 |
| salary for the period of such suspension. | 55468 |
| Any teacher affected by an order of termination of contract | 55469 |
| may appeal to the court of common pleas of the county in which the | 55470 |
| school is located within thirty days after receipt of notice of | 55471 |
| the entry of such order. The appeal shall be an original action in | 55472 |
| the court and shall be commenced by the filing of a complaint | 55473 |
| against the board, in which complaint the facts shall be alleged | 55474 |
| upon which the teacher relies for a reversal or modification of | 55475 |
| such order of termination of contract. Upon service or waiver of | 55476 |
| summons in that appeal, the board immediately shall transmit to | 55477 |
| the clerk of the court for filing a transcript of the original | 55478 |
| papers filed with the board, a certified copy of the minutes of | 55479 |
| the board into which the termination finding was entered, and a | 55480 |
| certified transcript of all evidence adduced at the hearing or | 55481 |
| hearings before the board or a certified transcript of all | 55482 |
| evidence adduced at the hearing or hearings before the referee, | 55483 |
| whereupon the cause shall be at issue without further pleading and | 55484 |
| shall be advanced and heard without delay. The court shall examine | 55485 |
| the transcript and record of the hearing and shall hold such | 55486 |
| additional hearings as it considers advisable, at which it may | 55487 |
| consider other evidence in addition to the transcript and record. | 55488 |
| Upon final hearing, the court shall grant or deny the relief | 55489 |
| prayed for in the complaint as may be proper in accordance with | 55490 |
| the evidence adduced in the hearing. Such an action is a special | 55491 |
| proceeding, and either the teacher or the board may appeal from | 55492 |
| the decision of the court of common pleas pursuant to the Rules of | 55493 |
| Appellate Procedure and, to the extent not in conflict with those | 55494 |
| rules, Chapter 2505. of the Revised Code. | 55495 |
| In any court action, the board may utilize the services of | 55496 |
| the prosecuting attorney, village solicitor, city director of law, | 55497 |
| or other chief legal officer of a municipal corporation as | 55498 |
| authorized by section 3313.35 of the Revised Code, or may employ | 55499 |
| other legal counsel. | 55500 |
| A violation of division (A)(7) of section 2907.03 of the | 55501 |
| Revised Code is grounds for termination of a teacher contract | 55502 |
| under this section. | 55503 |
| Sec. 3319.17. (A) As used in this section, "interdistrict | 55504 |
| contract" means any contract or agreement entered into by an | 55505 |
| educational service center governing board and another board or | 55506 |
| other public entity pursuant to section 3313.17, 3313.841, | 55507 |
| 3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the | 55508 |
| Revised Code, including any such contract or agreement for the | 55509 |
| provision of services funded under division (I) of section | 55510 |
| 3317.024 of the Revised Code or provided in any unit approved | 55511 |
| under section 3317.05 of the Revised Code. | 55512 |
| (B) When, for any of the following reasons that apply to any | 55513 |
| city, exempted village, local, or joint vocational school district | 55514 |
| or any educational service center, the board decides that it will | 55515 |
| be necessary to reduce the number of teachers it employs, it may | 55516 |
| make a reasonable reduction: | 55517 |
| (1) In the case of any district or service center, return to | 55518 |
| duty of regular teachers after leaves of absence including leaves | 55519 |
| provided pursuant to division (B) of section 3314.10 of the | 55520 |
| Revised Code, suspension of schools, or territorial changes | 55521 |
|
affecting the district or center | 55522 |
| (2) In the case of any city, exempted village, local, or | 55523 |
| joint vocational school district, decreased enrollment of pupils | 55524 |
| in the district; | 55525 |
| (3) In the case of any governing board of a service center | 55526 |
| providing any particular service directly to pupils pursuant to | 55527 |
| one or more interdistrict contracts requiring such service, | 55528 |
| reduction in the total number of pupils the governing board is | 55529 |
| required to provide with the service under all interdistrict | 55530 |
| contracts as a result of the termination or nonrenewal of one or | 55531 |
| more of these interdistrict contracts; | 55532 |
| (4) In the case of any governing board providing any | 55533 |
| particular service that it does not provide directly to pupils | 55534 |
| pursuant to one or more interdistrict contracts requiring such | 55535 |
| service, reduction in the total level of the service the governing | 55536 |
| board is required to provide under all interdistrict contracts as | 55537 |
| a result of the termination or nonrenewal of one or more of these | 55538 |
| interdistrict contracts. | 55539 |
| (C) In making any such reduction, any city, exempted village, | 55540 |
| local, or joint vocational school board shall proceed to suspend | 55541 |
| contracts in accordance with the recommendation of the | 55542 |
| superintendent of schools who shall, within each teaching field | 55543 |
| affected, give preference first to teachers on continuing | 55544 |
| contracts and then to teachers who have greater seniority. In | 55545 |
| making any such reduction, any governing board of a service center | 55546 |
| shall proceed to suspend contracts in accordance with the | 55547 |
| recommendation of the superintendent who shall, within each | 55548 |
| teaching field or service area affected, give preference first to | 55549 |
| teachers on continuing contracts and then to teachers who have | 55550 |
| greater seniority. | 55551 |
| On a case-by-case basis, in lieu of suspending a contract in | 55552 |
| whole, a board may suspend a contract in part, so that an | 55553 |
| individual is required to work a percentage of the time the | 55554 |
| employee otherwise is required to work under the contract and | 55555 |
| receives a commensurate percentage of the full compensation the | 55556 |
| employee otherwise would receive under the contract. | 55557 |
| The teachers whose continuing contracts are suspended by any | 55558 |
| board pursuant to this section shall have the right of restoration | 55559 |
| to continuing service status by that board in the order of | 55560 |
| seniority of service in the district or service center if and when | 55561 |
| teaching positions become vacant or are created for which any of | 55562 |
| such teachers are or become qualified. No teacher whose continuing | 55563 |
| contract has been suspended pursuant to this section shall lose | 55564 |
| that right of restoration to continuing service status by reason | 55565 |
| of having declined recall to a position that is less than | 55566 |
| full-time or, if the teacher was not employed full-time just prior | 55567 |
| to suspension of the teacher's continuing contract, to a position | 55568 |
| requiring a lesser percentage of full-time employment than the | 55569 |
| position the teacher last held while employed in the district or | 55570 |
| service center. | 55571 |
| | 55572 |
| 55573 | |
| 55574 | |
| 55575 | |
| 55576 |
| Sec. 3319.172. The board of education of each school | 55577 |
| district wherein the provisions of Chapter 124. of the Revised | 55578 |
| Code do not apply and the governing board of each educational | 55579 |
| service center may adopt a resolution ordering reasonable | 55580 |
| reductions in the number of nonteaching employees for any of the | 55581 |
| reasons for which the board of education or governing board may | 55582 |
| make reductions in teaching employees, as set forth in division | 55583 |
| (B) of section 3319.17 of the Revised Code. | 55584 |
| In making any reduction under this section, the board of | 55585 |
| education or governing board shall proceed to suspend contracts in | 55586 |
| accordance with the recommendation of the superintendent of the | 55587 |
| district or service center who shall, within each pay | 55588 |
| classification affected, give preference first to employees under | 55589 |
| continuing contracts and then to employees on the basis of | 55590 |
| seniority. On a case-by-case basis, in lieu of suspending a | 55591 |
| contract in whole, a board may suspend a contract in part, so that | 55592 |
| an individual is required to work a percentage of the time the | 55593 |
| employee otherwise is required to work under the contract and | 55594 |
| receives a commensurate percentage of the full compensation the | 55595 |
| employee otherwise would receive under the contract. | 55596 |
| Any nonteaching employee whose continuing contract is | 55597 |
| suspended under this section shall have the right of restoration | 55598 |
| to continuing service status by the board of education or | 55599 |
| governing board that suspended that contract in order of seniority | 55600 |
| of service in the district or service center, if and when a | 55601 |
| nonteaching position for which the employee is qualified becomes | 55602 |
| vacant or is created. No nonteaching employee whose continuing | 55603 |
| contract has been suspended under this section shall lose that | 55604 |
| right of restoration to continuing service status by reason of | 55605 |
| having declined recall to a position requiring fewer regularly | 55606 |
| scheduled hours of work than required by the position the employee | 55607 |
| last held while employed in the district or service center. | 55608 |
| | 55609 |
| 55610 | |
| 55611 | |
| 55612 | |
| 55613 |
| Sec. 3319.22. (A)(1) The state board of education shall | 55614 |
| 55615 | |
| 55616 | |
| issue the following educator licenses: | 55617 |
| (a) A resident educator license, which shall be valid for | 55618 |
| four years and shall not be renewable; | 55619 |
| (b) A professional educator license, which shall be valid for | 55620 |
| five years and shall be renewable; | 55621 |
| (c) A senior professional educator license, which shall be | 55622 |
| valid for five years and shall be renewable; | 55623 |
| (d) A lead professional educator license, which shall be | 55624 |
| valid for five years and shall be renewable. | 55625 |
| (2) The state board may issue any additional educator | 55626 |
|
licenses of | 55627 |
|
provide. | 55628 |
| 55629 |
| | 55630 |
| standards and requirements for obtaining each educator license | 55631 |
| issued under this section. | 55632 |
| (B) The rules adopted under this section shall require at | 55633 |
| least the following standards and qualifications for the educator | 55634 |
| licenses described in division (A)(1) of this section: | 55635 |
| (1) An applicant for a resident educator license shall hold | 55636 |
| at least a bachelor's degree from an accredited teacher | 55637 |
| preparation program. | 55638 |
| (2) An applicant for a professional educator license shall: | 55639 |
| (a) Hold at least a bachelor's degree from an institution of | 55640 |
| higher education accredited by a regional accrediting | 55641 |
| organization; | 55642 |
| (b) Have successfully completed the Ohio teacher residency | 55643 |
| program established under section 3319.223 of the Revised Code, if | 55644 |
| the applicant's current or most recently issued license is a | 55645 |
| resident educator license issued under this section or an | 55646 |
| alternative resident educator license issued under section 3319.26 | 55647 |
| of the Revised Code. | 55648 |
| (3) An applicant for a senior professional educator license | 55649 |
| shall: | 55650 |
| (a) Hold at least a master's degree from an institution of | 55651 |
| higher education accredited by a regional accrediting | 55652 |
| organization; | 55653 |
| (b) Have previously held a professional educator license | 55654 |
| issued under this section or section 3319.222 or under former | 55655 |
| section 3319.22 of the Revised Code; | 55656 |
| (c) Meet the criteria for the accomplished or distinguished | 55657 |
| level of performance, as described in the standards for teachers | 55658 |
| adopted by the state board under section 3319.61 of the Revised | 55659 |
| Code. | 55660 |
| (4) An applicant for a lead professional educator license | 55661 |
| shall: | 55662 |
| (a) Hold at least a master's degree from an institution of | 55663 |
| higher education accredited by a regional accrediting | 55664 |
| organization; | 55665 |
| (b) Have previously held a professional educator license or a | 55666 |
| senior professional educator license issued under this section or | 55667 |
| a professional educator license issued under section 3319.222 or | 55668 |
| former section 3319.22 of the Revised Code; | 55669 |
| (c) Meet the criteria for the distinguished level of | 55670 |
| performance, as described in the standards for teachers adopted by | 55671 |
| the state board under section 3319.61 of the Revised Code; | 55672 |
| (d) Either hold a valid certificate issued by the national | 55673 |
| board for professional teaching standards or meet the criteria for | 55674 |
| a master teacher or other criteria for a lead teacher adopted by | 55675 |
| the educator standards board under division (F)(4) or (5) of | 55676 |
| section 3319.61 of the Revised Code. | 55677 |
| (C) The state board shall align the standards and | 55678 |
| qualifications for obtaining a principal license with the | 55679 |
| standards for principals adopted by the state board under section | 55680 |
| 3319.61 of the Revised Code. | 55681 |
| (D) If the state board requires any examinations for educator | 55682 |
| licensure, the department of education shall provide the results | 55683 |
| of such examinations received by the department to the chancellor | 55684 |
| of the Ohio board of regents, in the manner and to the extent | 55685 |
| permitted by state and federal law. | 55686 |
| | 55687 |
| or rescinds for educator licenses under this section, division (D) | 55688 |
| of section 3301.07 of the Revised Code, or any other law shall be | 55689 |
| adopted, amended, or rescinded under Chapter 119. of the Revised | 55690 |
| Code except as follows: | 55691 |
| (1) Notwithstanding division (D) of section 119.03 and | 55692 |
| division (A)(1) of section 119.04 of the Revised Code, in the case | 55693 |
| of the adoption of any rule or the amendment or rescission of any | 55694 |
|
rule that necessitates institutions' offering | 55695 |
| programs for educators and other school personnel that are | 55696 |
|
approved by the | 55697 |
|
board of regents under section | 55698 |
| Code to revise the curriculum of those programs, the effective | 55699 |
| date shall not be as prescribed in division (D) of section 119.03 | 55700 |
| and division (A)(1) of section 119.04 of the Revised Code. | 55701 |
| Instead, the effective date of such rules, or the amendment or | 55702 |
| rescission of such rules, shall be the date prescribed by section | 55703 |
| 55704 |
| (2) Notwithstanding the authority to adopt, amend, or rescind | 55705 |
| emergency rules in division (F) of section 119.03 of the Revised | 55706 |
| Code, this authority shall not apply to the state board of | 55707 |
| education with regard to rules for educator licenses. | 55708 |
| | 55709 |
| standards requiring additional coursework for the renewal of any | 55710 |
| educator license shall require a school district and a chartered | 55711 |
| nonpublic school to establish local professional development | 55712 |
| committees. In a nonpublic school, the chief administrative | 55713 |
| officer shall establish the committees in any manner acceptable to | 55714 |
| such officer. The committees established under this division shall | 55715 |
| determine whether coursework that a district or chartered | 55716 |
| nonpublic school teacher proposes to complete meets the | 55717 |
| requirement of the rules. The department of education shall | 55718 |
| provide technical assistance and support to committees as the | 55719 |
| committees incorporate the professional development standards | 55720 |
| adopted by the state board of education pursuant to section | 55721 |
| 3319.61 of the Revised Code into their review of coursework that | 55722 |
| is appropriate for license renewal. The rules shall establish a | 55723 |
| procedure by which a teacher may appeal the decision of a local | 55724 |
| professional development committee. | 55725 |
| (2) In any school district in which there is no exclusive | 55726 |
| representative established under Chapter 4117. of the Revised | 55727 |
| Code, the professional development committees shall be established | 55728 |
|
as described in division | 55729 |
| Not later than the effective date of the rules adopted under | 55730 |
| this section, the board of education of each school district shall | 55731 |
| establish the structure for one or more local professional | 55732 |
| development committees to be operated by such school district. The | 55733 |
| committee structure so established by a district board shall | 55734 |
| remain in effect unless within thirty days prior to an anniversary | 55735 |
| of the date upon which the current committee structure was | 55736 |
| established, the board provides notice to all affected district | 55737 |
| employees that the committee structure is to be modified. | 55738 |
| Professional development committees may have a district-level or | 55739 |
| building-level scope of operations, and may be established with | 55740 |
| regard to particular grade or age levels for which an educator | 55741 |
| license is designated. | 55742 |
| Each professional development committee shall consist of at | 55743 |
| least three classroom teachers employed by the district, one | 55744 |
| principal employed by the district, and one other employee of the | 55745 |
| district appointed by the district superintendent. For committees | 55746 |
| with a building-level scope, the teacher and principal members | 55747 |
| shall be assigned to that building, and the teacher members shall | 55748 |
| be elected by majority vote of the classroom teachers assigned to | 55749 |
| that building. For committees with a district-level scope, the | 55750 |
| teacher members shall be elected by majority vote of the classroom | 55751 |
| teachers of the district, and the principal member shall be | 55752 |
| elected by a majority vote of the principals of the district, | 55753 |
| unless there are two or fewer principals employed by the district, | 55754 |
| in which case the one or two principals employed shall serve on | 55755 |
| the committee. If a committee has a particular grade or age level | 55756 |
| scope, the teacher members shall be licensed to teach such grade | 55757 |
| or age levels, and shall be elected by majority vote of the | 55758 |
| classroom teachers holding such a license and the principal shall | 55759 |
| be elected by all principals serving in buildings where any such | 55760 |
| teachers serve. The district superintendent shall appoint a | 55761 |
| replacement to fill any vacancy that occurs on a professional | 55762 |
| development committee, except in the case of vacancies among the | 55763 |
| elected classroom teacher members, which shall be filled by vote | 55764 |
| of the remaining members of the committee so selected. | 55765 |
| Terms of office on professional development committees shall | 55766 |
| be prescribed by the district board establishing the committees. | 55767 |
| The conduct of elections for members of professional development | 55768 |
| committees shall be prescribed by the district board establishing | 55769 |
| the committees. A professional development committee may include | 55770 |
| additional members, except that the majority of members on each | 55771 |
| such committee shall be classroom teachers employed by the | 55772 |
| district. Any member appointed to fill a vacancy occurring prior | 55773 |
| to the expiration date of the term for which a predecessor was | 55774 |
| appointed shall hold office as a member for the remainder of that | 55775 |
| term. | 55776 |
| The initial meeting of any professional development | 55777 |
| committee, upon election and appointment of all committee members, | 55778 |
| shall be called by a member designated by the district | 55779 |
| superintendent. At this initial meeting, the committee shall | 55780 |
| select a chairperson and such other officers the committee deems | 55781 |
| necessary, and shall adopt rules for the conduct of its meetings. | 55782 |
| Thereafter, the committee shall meet at the call of the | 55783 |
| chairperson or upon the filing of a petition with the district | 55784 |
| superintendent signed by a majority of the committee members | 55785 |
| calling for the committee to meet. | 55786 |
| (3) In the case of a school district in which an exclusive | 55787 |
| representative has been established pursuant to Chapter 4117. of | 55788 |
| the Revised Code, professional development committees shall be | 55789 |
| established in accordance with any collective bargaining agreement | 55790 |
| in effect in the district that includes provisions for such | 55791 |
| committees. | 55792 |
| If the collective bargaining agreement does not specify a | 55793 |
| different method for the selection of teacher members of the | 55794 |
| committees, the exclusive representative of the district's | 55795 |
| teachers shall select the teacher members. | 55796 |
| If the collective bargaining agreement does not specify a | 55797 |
| different structure for the committees, the board of education of | 55798 |
| the school district shall establish the structure, including the | 55799 |
| number of committees and the number of teacher and administrative | 55800 |
| members on each committee; the specific administrative members to | 55801 |
| be part of each committee; whether the scope of the committees | 55802 |
| will be district levels, building levels, or by type of grade or | 55803 |
| age levels for which educator licenses are designated; the lengths | 55804 |
| of terms for members; the manner of filling vacancies on the | 55805 |
| committees; and the frequency and time and place of meetings. | 55806 |
|
However, in all cases, except as
provided in division | 55807 |
| this section, there shall be a majority of teacher members of any | 55808 |
| professional development committee, there shall be at least five | 55809 |
| total members of any professional development committee, and the | 55810 |
| exclusive representative shall designate replacement members in | 55811 |
| the case of vacancies among teacher members, unless the collective | 55812 |
| bargaining agreement specifies a different method of selecting | 55813 |
| such replacements. | 55814 |
| (4) Whenever an administrator's coursework plan is being | 55815 |
| discussed or voted upon, the local professional development | 55816 |
| committee shall, at the request of one of its administrative | 55817 |
| members, cause a majority of the committee to consist of | 55818 |
| administrative members by reducing the number of teacher members | 55819 |
| voting on the plan. | 55820 |
| | 55821 |
| centers, county boards of mental retardation and developmental | 55822 |
| disabilities, regional professional development centers, special | 55823 |
| education regional resource centers, college and university | 55824 |
| departments of education, head start programs, the eTech Ohio | 55825 |
| commission, and the Ohio education computer network may establish | 55826 |
| local professional development committees to determine whether the | 55827 |
| coursework proposed by their employees who are licensed or | 55828 |
| certificated under this section or section 3319.222 of the Revised | 55829 |
| Code, or under the former version of either section as it existed | 55830 |
| prior to the effective date of this amendment, meet the | 55831 |
| requirements of the rules adopted under this section. They may | 55832 |
| establish local professional development committees on their own | 55833 |
| or in collaboration with a school district or other agency having | 55834 |
| authority to establish them. | 55835 |
| Local professional development committees established by | 55836 |
| county boards of mental retardation and developmental disabilities | 55837 |
| shall be structured in a manner comparable to the structures | 55838 |
|
prescribed for
school districts in divisions | 55839 |
| this section, as shall the committees established by any other | 55840 |
|
entity specified in
division | 55841 |
| provides educational services by employing or contracting for | 55842 |
| services of classroom teachers licensed or certificated under this | 55843 |
| section or section 3319.222 of the Revised Code, or under the | 55844 |
| former version of either section as it existed prior to the | 55845 |
| effective date of this amendment. All other entities specified in | 55846 |
|
division | 55847 |
| committees in accordance with guidelines which shall be issued by | 55848 |
| the state board. | 55849 |
| (2) Any public agency that is not specified in division | 55850 |
| 55851 | |
| employs or contracts for services of classroom teachers licensed | 55852 |
| or certificated under this section or section 3319.222 of the | 55853 |
| Revised Code, or under the former version of either section as it | 55854 |
| existed prior to the effective date of this amendment, may | 55855 |
| establish a local professional development committee, subject to | 55856 |
| the approval of the department of education. The committee shall | 55857 |
| be structured in accordance with guidelines issued by the state | 55858 |
| board. | 55859 |
| Sec. 3319.221. (A) The state board of education shall adopt | 55860 |
| rules establishing the standards and requirements for obtaining a | 55861 |
| school nurse license and a school nurse wellness coordinator | 55862 |
| license. At a minimum, the rules shall require that an applicant | 55863 |
| for a school nurse license be licensed as a registered nurse under | 55864 |
| Chapter 4723. of the Revised Code. | 55865 |
| (B) If the state board requires any examinations for | 55866 |
| licensure under this section, the department of education shall | 55867 |
| provide the examination results received by the department to the | 55868 |
| chancellor of the Ohio board of regents, in the manner and to the | 55869 |
| extent permitted by state and federal law. | 55870 |
| (C) Any rules for licenses described in this section that the | 55871 |
| state board adopts, amends, or rescinds under this section, | 55872 |
| division (D) of section 3301.07 of the Revised Code, or any other | 55873 |
| law shall be adopted, amended, or rescinded under Chapter 119. of | 55874 |
| the Revised Code, except that the authority to adopt, amend, or | 55875 |
| rescind emergency rules under division (F) of section 119.03 of | 55876 |
| the Revised Code shall not apply to the state board with respect | 55877 |
| to rules for licenses described in this section. | 55878 |
| (D) Any registered nurse employed by a school district in the | 55879 |
| capacity of school nurse on January 1, 1973, or any registered | 55880 |
| nurse employed by a city or general health district on January 1, | 55881 |
| 1973, to serve full-time in the capacity of school nurse in one or | 55882 |
| more school districts, shall be considered to have fulfilled the | 55883 |
| requirements for the issuance of a school nurse license under this | 55884 |
|
section | 55885 |
| Sec. 3319.222. (A) Notwithstanding the amendments to and | 55886 |
| repeal of statutes by the act that enacted this section, the state | 55887 |
| board of education shall accept applications for new, and renewal | 55888 |
| and upgrade of, temporary, associate, provisional, and | 55889 |
| professional educator licenses, alternative educator licenses, | 55890 |
| one-year conditional teaching permits, and school nurse licenses | 55891 |
| through December 31, 2010, and issue them on the basis of the | 55892 |
| applications received by that date in accordance with the former | 55893 |
| statutes in effect immediately prior to amendment or repeal by the | 55894 |
| act that enacted this section. | 55895 |
| (B) A permanent teacher's certificate issued under former | 55896 |
| sections 3319.22 to 3319.31 of the Revised Code prior to October | 55897 |
| 29, 1996, or under former section 3319.222 of the Revised Code as | 55898 |
| it existed prior to the effective date of this section, shall be | 55899 |
| valid for teaching in the subject areas and grades for which the | 55900 |
| certificate was issued, except as the certificate is limited, | 55901 |
| suspended, or revoked under section 3319.31 of the Revised Code. | 55902 |
| (C) The following certificates, permits, or licenses shall be | 55903 |
| valid until the certificate, permit, or license expires for | 55904 |
| teaching in the subject areas and grades for which the | 55905 |
| certificate, permit, or license was issued, except as the | 55906 |
| certificate, permit, or license is limited, suspended, or revoked | 55907 |
| under section 3319.31 of the Revised Code: | 55908 |
| (1) Any professional teacher's certificate issued under | 55909 |
| former section 3319.222 of the Revised Code, as it existed prior | 55910 |
| to the effective date of this section; | 55911 |
| (2) Any temporary, associate, provisional, or professional | 55912 |
| educator license issued under former section 3319.22 of the | 55913 |
| Revised Code, as it existed prior to the effective date of this | 55914 |
| section, or under division (A) of this section; | 55915 |
| (3) Any alternative educator license issued under former | 55916 |
| section 3319.26 of the Revised Code, as it existed prior to the | 55917 |
| effective date of this section, or under division (A) of this | 55918 |
| section; | 55919 |
| (4) Any one-year conditional teaching permit issued under | 55920 |
| former section 3319.302 or 3319.304 of the Revised Code, as it | 55921 |
| existed prior to the effective date of this section, or under | 55922 |
| division (A) of this section. | 55923 |
| (D) Any school nurse license issued under former section | 55924 |
| 3319.22 of the Revised Code, as it existed prior to the effective | 55925 |
| date of this section, or under division (A) of this section shall | 55926 |
| be valid until the license expires for employment as a school | 55927 |
| nurse, except as the license is limited, suspended, or revoked | 55928 |
| under section 3319.31 of the Revised Code. | 55929 |
| (E) Nothing in this section shall be construed to prohibit a | 55930 |
| person from applying to the state board for an educator license | 55931 |
| issued under section 3319.22 of the Revised Code, a school nurse | 55932 |
| license or a school nurse wellness coordinator license issued | 55933 |
| under section 3319.221 of the Revised Code, or an alternative | 55934 |
| resident educator license issued under section 3319.26 of the | 55935 |
| Revised Code, as the section exists on and after the effective | 55936 |
| date of this section. | 55937 |
| (F) On and after the effective date of this section, any | 55938 |
| reference in the Revised Code to educator licensing is hereby | 55939 |
| deemed to refer also to certification or licensure under divisions | 55940 |
| (A) to (D) of this section. | 55941 |
| Sec. 3319.223. (A) Not later than January 1, 2011, the | 55942 |
| superintendent of public instruction and the chancellor of the | 55943 |
| Ohio board of regents jointly shall establish the Ohio teacher | 55944 |
| residency program, which shall be a four-year, entry-level program | 55945 |
| for classroom teachers. The teacher residency program shall | 55946 |
| include at least the following components: | 55947 |
| (1) Mentoring by teachers who hold a lead professional | 55948 |
| educator license issued under section 3319.22 of the Revised Code; | 55949 |
| (2) Counseling to ensure that program participants receive | 55950 |
| needed professional development; | 55951 |
| (3) Measures of appropriate progression through the program. | 55952 |
| (B) The teacher residency program shall be aligned with the | 55953 |
| standards for teachers adopted by the state board of education | 55954 |
| under section 3319.61 of the Revised Code and best practices | 55955 |
| identified by the superintendent of public instruction. | 55956 |
| (C) Each person who holds a resident educator license issued | 55957 |
| under section 3319.22 of the Revised Code or an alternative | 55958 |
| resident educator license issued under section 3319.26 of the | 55959 |
| Revised Code shall participate in the teacher residency program. | 55960 |
| Successful completion of the program shall be required to qualify | 55961 |
| any such person for a professional educator license issued under | 55962 |
| section 3319.22 of the Revised Code. | 55963 |
| Sec. 3319.234. The teacher quality partnership, a consortium | 55964 |
| of teacher preparation programs that have been approved by the | 55965 |
| 55966 | |
|
under section | 55967 |
| the relationship of teacher performance on educator licensure | 55968 |
| assessments, as adopted by the state board of education under | 55969 |
| section 3319.22 of the Revised Code, to teacher effectiveness in | 55970 |
| the classroom. Not later than September 1, 2008, the partnership | 55971 |
| shall begin submitting annual data reports along with any other | 55972 |
| data on teacher effectiveness the partnership determines | 55973 |
| appropriate to the governor, the president and minority leader of | 55974 |
| the senate, the speaker and minority leader of the house of | 55975 |
| representatives, the chairpersons and ranking minority members of | 55976 |
| the standing committees of the senate and the house of | 55977 |
| representatives that consider education legislation, the | 55978 |
| superintendent of public instruction, the state board of | 55979 |
| education, the chancellor of the Ohio board of regents, and the | 55980 |
| partnership for continued learning. | 55981 |
| Sec. 3319.235. (A) The standards for the preparation of | 55982 |
|
teachers adopted
under section | 55983 |
| Code shall require any institution that provides a course of study | 55984 |
| for the training of teachers to ensure that graduates of such | 55985 |
| course of study are skilled at integrating educational technology | 55986 |
| in the instruction of children, as evidenced by the graduate | 55987 |
| having either demonstrated proficiency in such skills in a manner | 55988 |
| prescribed by the department of education or completed a course | 55989 |
| that includes training in such skills. | 55990 |
| (B) The eTech Ohio commission shall establish model | 55991 |
| professional development programs to assist teachers who completed | 55992 |
| their teacher preparation prior to the effective date of division | 55993 |
| (A) of this section to become skilled at integrating educational | 55994 |
| technology in the instruction of children. The commission shall | 55995 |
| provide technical assistance to school districts wishing to | 55996 |
| establish such programs. | 55997 |
| Sec. 3319.24. This section does not apply to any applicant | 55998 |
| for an educator license that is designed for persons specializing | 55999 |
| in teaching children in kindergarten through twelfth grade, or the | 56000 |
| equivalent, in the area of dance, drama, theater, music, visual | 56001 |
| arts, or physical education or a specialty area substantially | 56002 |
| equivalent to any of these when such applicant will be teaching | 56003 |
| children in the specialty area specified in the license. | 56004 |
| (A) As used in this section: | 56005 |
| (1) "Coursework in the teaching of reading" means coursework | 56006 |
| that includes training in a range of instructional strategies for | 56007 |
| teaching reading, in the assessment of reading skills, and in the | 56008 |
| diagnosis and remediation of reading difficulties; | 56009 |
| (2) "Phonics" means the techniques and strategies used to | 56010 |
| teach children to match, blend, and translate letters of the | 56011 |
| alphabet into the sounds they represent, which techniques and | 56012 |
| strategies are systematically integrated and thoroughly practiced | 56013 |
| in a developmentally appropriate instructional program to assist | 56014 |
| the child in learning to read, write, and spell; | 56015 |
| (3) "Course in the teaching of phonics" means a course | 56016 |
| providing the background necessary for effectively teaching and | 56017 |
| assessing phonics, phonemic awareness, and word recognition, | 56018 |
| including, but not limited to, the following topics: | 56019 |
| (a) Phonological and morphological underpinnings of English | 56020 |
| spellings and the history thereof; | 56021 |
| (b) The nature and role of word recognition in proficient | 56022 |
| reading; | 56023 |
| (c) Methods and rationale for the instruction of phonemic | 56024 |
| awareness, decoding, spelling, and the application thereof in | 56025 |
| reading and writing; | 56026 |
| (d) Methods and rationale for the assessment of phonemic | 56027 |
| awareness, decoding, spelling, and the application thereof in | 56028 |
| reading and writing; | 56029 |
| (e) The relation of deficits in phonemic awareness, decoding, | 56030 |
| spelling, and word recognition to reading disabilities; | 56031 |
| (4) "Phonemic awareness" means the awareness of sounds that | 56032 |
| make up spoken words and the ability to use this awareness of | 56033 |
| sounds in reading. | 56034 |
| (B) The rules adopted under | 56035 |
|
of the Revised
Code shall require an applicant for | 56036 |
| 56037 | |
| children in grades kindergarten through six or the equivalent to | 56038 |
| have successfully completed at least six semester hours, or the | 56039 |
| equivalent, of coursework in the teaching of reading that includes | 56040 |
| at least one separate course of at least three semester hours, or | 56041 |
| the equivalent, in the teaching of phonics in the context of | 56042 |
| reading, writing, and spelling. In addition, such rules shall | 56043 |
| require that such license be granted for a period of not more than | 56044 |
| 56045 | |
| subsequent issuance of | 56046 |
|
contingent upon the | 56047 |
| additional semester hours or the equivalent of coursework in the | 56048 |
|
teaching of reading.
The rules shall permit | 56049 |
|
applicant to apply undergraduate coursework in
order to meet | 56050 |
| 56051 |
| Sec. 3319.25. Any teacher performance assessment entity with | 56052 |
| which the department of education or the state board of education | 56053 |
| contracts or any independent agent with whom such entity, the | 56054 |
| department, or the state board contracts to provide services as a | 56055 |
| teacher performance assessor, trainer of assessors, or assessment | 56056 |
| coordinator is not liable for damages in a civil action concerning | 56057 |
| the actions of such entity or agent made in the conduct of a | 56058 |
| teacher performance assessment unless those actions were conducted | 56059 |
| with malicious purpose, in bad faith, or in a wanton or reckless | 56060 |
| manner. | 56061 |
| As used in this section, "teacher performance assessment" | 56062 |
| means an assessment prescribed by the state board of education to | 56063 |
| measure the classroom performance of a teacher who is a candidate | 56064 |
|
for | 56065 |
| observations conducted by a trained assessor while the teacher is | 56066 |
| engaged in actual classroom instruction. | 56067 |
| Sec. 3319.26. (A) The state board of education shall adopt | 56068 |
| rules establishing the standards and requirements for obtaining an | 56069 |
|
alternative
resident educator license for teaching in
grades | 56070 |
| four to twelve, or the equivalent, in a designated subject area. | 56071 |
| However, an alternative resident educator license in the area of | 56072 |
| intervention specialist, as defined by rule of the state board, | 56073 |
| shall be valid for teaching in grades kindergarten to twelve. | 56074 |
| (B) | 56075 |
| chancellor of the Ohio board of regents jointly shall develop an | 56076 |
| intensive pedagogical training institute to provide instruction in | 56077 |
| the principles and practices of teaching for individuals seeking | 56078 |
| an alternative resident educator license. The instruction shall | 56079 |
| cover such topics as student development and learning, pupil | 56080 |
| assessment procedures, curriculum development, classroom | 56081 |
| management, and teaching methodology. | 56082 |
| (C) The rules adopted under this section shall require | 56083 |
| applicants for the alternative resident educator license to | 56084 |
| satisfy the following conditions prior to issuance of the | 56085 |
| license: | 56086 |
| | 56087 |
| | 56088 |
| 56089 | |
| 56090 | |
| 56091 | |
| institute described in division (B) of this section; | 56092 |
| | 56093 |
| application is being made. | 56094 |
| | 56095 |
|
valid for
| 56096 |
| | 56097 |
| resident educator license, as a condition of continuing to hold | 56098 |
|
the license, to | 56099 |
| (1) Participate in the Ohio teacher residency program | 56100 |
| established under section 3319.223 of the Revised Code; | 56101 |
| (2) Show satisfactory progress in taking and successfully | 56102 |
|
completing within
| 56103 |
| semester hours, or the equivalent, of college coursework in the | 56104 |
| principles and practices of teaching in such topics as student | 56105 |
| development and learning, pupil assessment procedures, curriculum | 56106 |
| development, classroom management, and teaching methodology; | 56107 |
| (3) Take an assessment of professional knowledge in the | 56108 |
| second year of teaching under the license. | 56109 |
| | 56110 |
| 56111 | |
| alternative resident educator license upon successfully completing | 56112 |
| all of the following: | 56113 |
| (1) | 56114 |
| (2) The twelve semester hours, or the equivalent, of the | 56115 |
|
additional college coursework described in division | 56116 |
| of this section; | 56117 |
| (3) The assessment of
professional knowledge | 56118 |
| 56119 | |
| described in division (E)(3) of this section. The standards for | 56120 |
| successfully completing this assessment and the manner of | 56121 |
| conducting the assessment shall be the same as for any other | 56122 |
| 56123 | |
| required to take the assessment pursuant to rules adopted by the | 56124 |
| state board under section 3319.22 of the Revised Code. | 56125 |
| (4) The Ohio teacher residency program; | 56126 |
| (5) All other requirements for a professional educator | 56127 |
| license adopted by the state board under section 3319.22 of the | 56128 |
| Revised Code. | 56129 |
| Sec. 3319.261. An individual who otherwise qualifies for an | 56130 |
| alternative resident educator license for employment as an | 56131 |
| intervention specialist as authorized under section 3319.26 of the | 56132 |
| Revised Code shall be issued such license without successful | 56133 |
| completion of the examination specified in division | 56134 |
| 56135 | |
| individual to whom the alternative resident educator license is | 56136 |
| issued under this section shall be required to successfully | 56137 |
|
complete that
examination prior to issuance of a | 56138 |
| professional educator license as
provided in division | 56139 |
| section 3319.26 of the Revised Code only after completing the | 56140 |
|
coursework prescribed in division | 56141 |
| Sec. 3319.28. (A) As used in this section, "STEM school" | 56142 |
| means a science, technology, engineering, and mathematics school | 56143 |
| established under Chapter 3326. of the Revised Code. | 56144 |
| (B) Notwithstanding any other provision of the Revised Code | 56145 |
| or any rule adopted by the state board of education to the | 56146 |
| contrary, the state board shall issue a two-year provisional | 56147 |
| educator license for teaching science, technology, engineering, | 56148 |
| or mathematics in grades six through twelve in a STEM school to | 56149 |
| any applicant who meets the following conditions: | 56150 |
| (1) Holds a bachelor's degree from an accredited institution | 56151 |
| of higher education in a field related to the subject area to be | 56152 |
| taught; | 56153 |
| (2) Has passed an examination prescribed by the state board | 56154 |
| in the subject area to be taught. | 56155 |
| (C) The holder of a provisional educator license issued under | 56156 |
| this section shall complete a structured apprenticeship program | 56157 |
| provided by an educational service center or a teacher preparation | 56158 |
|
program approved under section | 56159 |
| Code, in partnership with the STEM school that employs the | 56160 |
| license holder. The apprenticeship program shall include the | 56161 |
| following: | 56162 |
| (1) Mentoring by a teacher or administrator who regularly | 56163 |
| observes the license holder's classroom instruction, provides | 56164 |
| feedback on the license holder's teaching strategies and classroom | 56165 |
| management, and engages the license holder in discussions about | 56166 |
| methods for fostering and measuring student learning; | 56167 |
| (2) Regularly scheduled seminars or meetings that address the | 56168 |
| following topics: | 56169 |
| (a) The statewide academic standards adopted by the state | 56170 |
| board under section 3301.079 of the Revised Code and the | 56171 |
| importance of aligning curriculum with those standards; | 56172 |
| (b) The achievement | 56173 |
| 3301.0710 of the Revised Code; | 56174 |
| (c) The school district and building accountability system | 56175 |
| established under Chapter 3302. of the Revised Code; | 56176 |
| (d) Instructional methods and strategies; | 56177 |
| (e) Student development; | 56178 |
| (f) Assessing student progress and providing remediation and | 56179 |
| intervention, as necessary, to meet students' special needs; | 56180 |
| (g) Classroom management and record keeping. | 56181 |
| (D) After two years of teaching under a provisional educator | 56182 |
| license issued under this section, a person may apply for a | 56183 |
| five-year professional educator license in the same subject area | 56184 |
| named in the provisional license. The state board shall issue the | 56185 |
| applicant a professional educator license if the applicant meets | 56186 |
| the following conditions: | 56187 |
| (1) The applicant completed the apprenticeship program | 56188 |
| described in division (C) of this section. | 56189 |
| (2) The applicant receives a positive recommendation | 56190 |
| indicating that the applicant is an effective teacher from both of | 56191 |
| the following: | 56192 |
| (a) The chief administrative officer of the STEM school that | 56193 |
| most recently employed the applicant as a classroom teacher; | 56194 |
| (b) The educational service center or teacher preparation | 56195 |
| program administrator in charge of the apprenticeship program | 56196 |
| completed by the applicant. | 56197 |
| (3) The applicant meets all other requirements for a | 56198 |
| professional educator license adopted by the state board under | 56199 |
| section 3319.22 of the Revised Code. | 56200 |
| (E) The department of education shall evaluate the | 56201 |
| experiences of STEM schools with classroom teachers holding | 56202 |
| provisional educator licenses issued under this section. The | 56203 |
| evaluation shall cover the first two school years for which | 56204 |
| licenses are issued and shall consider at least the schools' | 56205 |
| satisfaction with the teachers and the operation of the | 56206 |
| apprenticeship programs. | 56207 |
| Sec. 3319.291. (A) The state board of education shall | 56208 |
| require each of the following persons, at the times prescribed by | 56209 |
| division (A) of this section, to submit two complete sets of | 56210 |
| fingerprints and written permission that authorizes the | 56211 |
| superintendent of public instruction to forward the fingerprints | 56212 |
| to the bureau of criminal identification and investigation | 56213 |
| pursuant to division (F) of section 109.57 of the Revised Code and | 56214 |
| that authorizes that bureau to forward the fingerprints to the | 56215 |
| federal bureau of investigation for purposes of obtaining any | 56216 |
| criminal records that the federal bureau maintains on the person: | 56217 |
| (1) Any person initially applying for any certificate, | 56218 |
| license, or permit described in this chapter or in division (B) of | 56219 |
| section 3301.071 or in section 3301.074 of the Revised Code at | 56220 |
| the time that application is made; | 56221 |
| (2) Any person applying for renewal of any certificate, | 56222 |
| license, or permit described in division (A)(1) of this section at | 56223 |
| the time that application is made; | 56224 |
| (3) Any person who is teaching under a professional teaching | 56225 |
|
certificate issued under former | 56226 |
| 3319.222 of the Revised Code upon a date prescribed by the state | 56227 |
| board; | 56228 |
| (4) Any person who is teaching under a permanent teaching | 56229 |
| certificate issued under former section 3319.22 as it existed | 56230 |
| prior to October 29, 1996, or under former section 3319.222 of | 56231 |
| the Revised Code upon a date prescribed by the state board and | 56232 |
| every five years thereafter. | 56233 |
| (B) Except as provided in division (C) of this section, prior | 56234 |
| to issuing or renewing any certificate, license, or permit | 56235 |
| described in division (A)(1) or (2) of this section and in the | 56236 |
| case of a person required to submit fingerprints and written | 56237 |
| permission under division (A)(3) or (4) of this section, the state | 56238 |
| board or the superintendent of public instruction shall request | 56239 |
| the superintendent of the bureau of criminal identification and | 56240 |
| investigation to investigate and determine whether the bureau has | 56241 |
| any information, gathered pursuant to division (A) of section | 56242 |
| 109.57 of the Revised Code, pertaining to any person submitting | 56243 |
| fingerprints and written permission under this section and to | 56244 |
| obtain any criminal records that the federal bureau of | 56245 |
| investigation has on the person. | 56246 |
| (C) The state board or the superintendent of public | 56247 |
| instruction may choose not to request any information required by | 56248 |
| division (B) of this section if the person applying for the | 56249 |
| issuance or renewal of a certificate, license, or permit described | 56250 |
| in division (A)(1) or (2) of this section or the person required | 56251 |
| to submit fingerprints and written permission under division | 56252 |
| (A)(3) or (4) of this section provides proof that a criminal | 56253 |
| records check was conducted on the person as a condition of | 56254 |
| employment pursuant to section 3319.39 of the Revised Code within | 56255 |
| the immediately preceding year. The state board or the | 56256 |
| superintendent of public instruction may accept a certified copy | 56257 |
| of records that were issued by the bureau of criminal | 56258 |
| identification and investigation and that are presented by a | 56259 |
| person applying for the issuance or renewal of a certificate, | 56260 |
| license, or permit described in this section in lieu of requesting | 56261 |
| that information under division (B) of this section if the records | 56262 |
| were issued by the bureau within the immediately preceding year. | 56263 |
| (D)(1) If a person described in division (A)(3) or (4) of | 56264 |
| this section fails to submit fingerprints and written permission | 56265 |
| by the date specified in the applicable division, and the state | 56266 |
| board or the superintendent of public instruction does not apply | 56267 |
| division (C) of this section to the person, the superintendent | 56268 |
| shall prepare a written notice stating that if the person does not | 56269 |
| submit the fingerprints and written permission within fifteen days | 56270 |
| after the date the notice was mailed, the person's professional or | 56271 |
| permanent teaching certificate will be inactivated. The | 56272 |
| superintendent shall send the notification by regular mail to the | 56273 |
| person's last known residence address or last known place of | 56274 |
| employment, as indicated in the department of education's records, | 56275 |
| or both. | 56276 |
| If the person fails to submit the fingerprints and written | 56277 |
| permission within fifteen days after the date the notice was | 56278 |
| mailed, the superintendent of public instruction, on behalf of the | 56279 |
| state board, shall issue a written order inactivating the person's | 56280 |
| professional or permanent teaching certificate. The inactivation | 56281 |
| shall remain in effect until the person submits the fingerprints | 56282 |
| and written permission. The superintendent shall send the order by | 56283 |
| regular mail to the person's last known residence address or last | 56284 |
| known place of employment, as indicated in the department's | 56285 |
| records, or both. The order shall state the reason for the | 56286 |
| inactivation and shall explain that the inactivation remains in | 56287 |
| effect until the person complies with division (A) of this | 56288 |
| section. | 56289 |
| The inactivation of a professional or permanent teaching | 56290 |
| certificate under division (D)(1) of this section does not | 56291 |
| constitute a suspension or revocation of the certificate by the | 56292 |
| state board under section 3319.31 of the Revised Code and the | 56293 |
| state board and the superintendent of public instruction need not | 56294 |
| provide the person with an opportunity for a hearing with respect | 56295 |
| to the inactivation. | 56296 |
| (2) If a person whose professional or permanent teaching | 56297 |
| certificate has been inactivated under division (D)(1) of this | 56298 |
| section submits fingerprints and written permission as required by | 56299 |
| division (A) of this section, the superintendent of public | 56300 |
| instruction, on behalf of the state board, shall issue a written | 56301 |
| order reactivating the certificate. The superintendent shall send | 56302 |
| the order to the person by regular mail. | 56303 |
| (E) Notwithstanding divisions (A) and (B) of this section, if | 56304 |
| a person holds more than one certificate, license, or permit | 56305 |
| described in division (A)(1) of this section, the following shall | 56306 |
| apply: | 56307 |
| (1) If the certificates, licenses, or permits are of | 56308 |
| different durations, the person shall be subject to divisions | 56309 |
| (A)(2) and (B) of this section only when applying for renewal of | 56310 |
| the certificate, license, or permit that is of the longest | 56311 |
| duration. Prior to renewing any certificate, license, or permit | 56312 |
| with a shorter duration, the state board or the superintendent of | 56313 |
| public instruction shall determine whether the department of | 56314 |
| education has received any information about the person pursuant | 56315 |
| to section 109.5721 of the Revised Code, but the person shall not | 56316 |
| be subject to division (A)(2) or (B) of this section as long as | 56317 |
| the person's certificate, license, or permit with the longest | 56318 |
| duration is valid. | 56319 |
| (2) If the certificates, licenses, or permits are of the same | 56320 |
| duration but do not expire in the same year, the person shall | 56321 |
| designate one of the certificates, licenses, or permits as the | 56322 |
| person's primary certificate, license, or permit and shall notify | 56323 |
| the department of that designation. The person shall be subject to | 56324 |
| divisions (A)(2) and (B) of this section only when applying for | 56325 |
| renewal of the person's primary certificate, license, or permit. | 56326 |
| Prior to renewing any certificate, license, or permit that is not | 56327 |
| the person's primary certificate, license, or permit, the state | 56328 |
| board or the superintendent of public instruction shall determine | 56329 |
| whether the department has received any information about the | 56330 |
| person pursuant to section 109.5721 of the Revised Code, but the | 56331 |
| person shall not be subject to division (A)(2) or (B) of this | 56332 |
| section as long as the person's primary certificate, license, or | 56333 |
| permit is valid. | 56334 |
| (3) If the certificates, licenses, or permits are of the same | 56335 |
| duration and expire in the same year and the person applies for | 56336 |
| renewal of the certificates, licenses, or permits at the same | 56337 |
| time, the state board or the superintendent of public instruction | 56338 |
| shall request only one criminal records check of the person under | 56339 |
| division (B) of this section. | 56340 |
| Sec. 3319.303. (A) The state board of education shall adopt | 56341 |
| rules establishing standards and requirements for obtaining a | 56342 |
| pupil-activity program permit for any individual who does not hold | 56343 |
| a valid educator license, certificate, or permit issued by the | 56344 |
|
state board under section 3319.22, 3319.26, or 3319.27 | 56345 |
| 56346 | |
| section shall be valid for coaching, supervising, or directing a | 56347 |
| pupil-activity program under section 3313.53 of the Revised Code. | 56348 |
| Subject to the provisions of section 3319.31 of the Revised Code, | 56349 |
| a permit issued under this section shall be valid for three years | 56350 |
| and shall be renewable. | 56351 |
| (B) The state board shall adopt rules applicable to | 56352 |
| individuals who hold valid educator licenses, certificates, or | 56353 |
| permits issued by the state board under section 3319.22, 3319.26, | 56354 |
| or 3319.27 | 56355 |
| forth standards to assure any such individual's competence to | 56356 |
| direct, supervise, or coach a pupil-activity program. The rules | 56357 |
| adopted under this division shall not be more stringent than the | 56358 |
| standards set forth in rules applicable to individuals who do not | 56359 |
| hold such licenses, certificates, or permits adopted under | 56360 |
| division (A) of this section. | 56361 |
| Sec. 3319.36. (A) No treasurer of a board of education or | 56362 |
| educational service center shall draw a check for the payment of a | 56363 |
| teacher for services until the teacher files with the treasurer | 56364 |
| both of the following: | 56365 |
| (1) Such reports as are required by the state board of | 56366 |
| education, the school district board of education, or the | 56367 |
| superintendent of schools; | 56368 |
| (2) Except for a teacher who is engaged pursuant to section | 56369 |
| 3319.301 of the Revised Code, a written statement from the city, | 56370 |
| exempted village, or local school district superintendent or the | 56371 |
| educational service center superintendent that the teacher has | 56372 |
| filed with the treasurer a legal educator license, or true copy of | 56373 |
| it, to teach the subjects or grades taught, with the dates of its | 56374 |
| validity. The state board of education shall prescribe the record | 56375 |
| and administration for such filing of educator licenses in | 56376 |
| educational service centers. | 56377 |
| (B) Notwithstanding division (A) of this section, the | 56378 |
| treasurer may pay either of the following: | 56379 |
| (1) Any teacher for services rendered during the first two | 56380 |
| months of the teacher's initial employment with the school | 56381 |
| district or educational service center, provided such teacher is | 56382 |
| the holder of a bachelor's degree or higher and has filed with the | 56383 |
|
state board of education an
application for the issuance of | 56384 |
| 56385 | |
| division (A)(1) of section 3319.22 of the Revised Code. | 56386 |
| (2) Any substitute teacher for services rendered while | 56387 |
| conditionally employed under section 3319.101 of the Revised Code. | 56388 |
| (C) Upon notice to the treasurer given by the state board of | 56389 |
| education or any superintendent having jurisdiction that reports | 56390 |
| required of a teacher have not been made, the treasurer shall | 56391 |
| withhold the salary of the teacher until the required reports are | 56392 |
| completed and furnished. | 56393 |
| Sec. 3319.41. (A) | 56394 |
| 56395 | |
| or engaged as a teacher, principal, administrator, nonlicensed | 56396 |
| school employee, or bus driver in a public or chartered nonpublic | 56397 |
| school may inflict or cause to be inflicted corporal punishment | 56398 |
|
as a
means of discipline
upon a pupil attending such school | 56399 |
| 56400 | |
| 56401 | |
| 56402 | |
| 56403 | |
| 56404 | |
| 56405 | |
| 56406 | |
| 56407 |
| | 56408 |
| 56409 | |
| 56410 | |
| 56411 | |
| 56412 | |
| 56413 | |
| 56414 | |
| 56415 | |
| 56416 | |
| 56417 | |
| 56418 | |
| 56419 | |
| 56420 |
| | 56421 |
| 56422 | |
| 56423 | |
| 56424 | |
| 56425 | |
| 56426 | |
| 56427 | |
| 56428 | |
| 56429 | |
| 56430 | |
| 56431 |
| (B) | 56432 |
| 56433 | |
| 56434 | |
| 56435 | |
| 56436 | |
| 56437 | |
| 56438 | |
| 56439 | |
| 56440 | |
| 56441 |
| | 56442 |
| 56443 | |
| 56444 | |
| 56445 | |
| 56446 | |
| 56447 | |
| 56448 |
| | 56449 |
| 56450 | |
| 56451 | |
| 56452 | |
| 56453 | |
| 56454 | |
| 56455 | |
| 56456 |
| | 56457 |
| 56458 | |
| 56459 | |
| 56460 | |
| 56461 | |
| 56462 | |
| 56463 | |
| 56464 | |
| 56465 | |
| 56466 | |
| 56467 | |
| 56468 | |
| 56469 | |
| 56470 | |
| 56471 | |
| 56472 | |
| 56473 |
| | 56474 |
| 56475 | |
| 56476 | |
| 56477 |
| | 56478 |
| 56479 | |
| 56480 | |
| 56481 | |
| 56482 | |
| 56483 | |
| 56484 |
| | 56485 |
| 56486 |
| | 56487 |
| 56488 | |
| 56489 |
| | 56490 |
| 56491 | |
| 56492 | |
| 56493 | |
| 56494 | |
| 56495 | |
| 56496 | |
| 56497 | |
| 56498 |
| | 56499 |
| 56500 | |
| 56501 | |
| 56502 | |
| 56503 | |
| 56504 | |
| 56505 | |
| 56506 | |
| 56507 | |
| 56508 | |
| 56509 | |
| 56510 |
| | 56511 |
| administrators in a school, whether public or private, and | 56512 |
| nonlicensed school employees and school bus drivers may, within | 56513 |
| the scope of their employment, use and apply such amount of force | 56514 |
| and restraint as is reasonable and necessary to quell a | 56515 |
| disturbance threatening physical injury to others, to obtain | 56516 |
| possession of weapons or other dangerous objects upon the person | 56517 |
| or within the control of the pupil, for the purpose of | 56518 |
| self-defense, or for the protection of persons or property. | 56519 |
| Sec. 3319.51. (A) The state board of education shall | 56520 |
| annually establish the amount of the fees required to be paid for | 56521 |
| any license, certificate, or permit issued under this chapter or | 56522 |
|
division (B) of section 3301.071 | 56523 |
|
3301.074 | 56524 |
| 56525 | |
| of these fees shall be such that they, along with any | 56526 |
| appropriation made to the fund established under division (B) of | 56527 |
| this section, will be sufficient to cover the annual estimated | 56528 |
|
cost of administering the | 56529 |
| described under division (B) of this section. | 56530 |
| (B) There is hereby established in the state treasury the | 56531 |
| state board of education licensure fund, which shall be used by | 56532 |
| the state board of education solely to pay the cost of | 56533 |
| administering requirements related to the issuance and renewal of | 56534 |
| licenses, certificates, and permits described in this chapter and | 56535 |
|
sections 3301.071 | 56536 |
| 56537 | |
| the Revised Code. The fund shall consist of the amounts paid into | 56538 |
|
the
fund pursuant
to division (B) of section 3301.071 | 56539 |
|
sections
3301.074 | 56540 |
| 56541 | |
| appropriations to the fund by the general assembly. | 56542 |
| Sec. 3319.56. The department of education shall identify | 56543 |
| promising practices in Ohio and throughout the country for | 56544 |
| engaging teachers certified by the national board for professional | 56545 |
|
teaching standards, and | 56546 |
| meet the criteria adopted by the educator standards board pursuant | 56547 |
| to section 3319.61 of the Revised Code, in ways that add value | 56548 |
| beyond their own classrooms. Practices identified by the | 56549 |
| department as promising may include placing national board | 56550 |
|
certified and | 56551 |
| programs; having such teachers serve as coaches, mentors, and | 56552 |
| trainers for other teachers; or having such teachers develop | 56553 |
| curricula or instructional integration strategies. | 56554 |
| Once the department has identified promising practices, the | 56555 |
| department shall inform all school districts of the practices by | 56556 |
| posting such information on the department's world wide web site. | 56557 |
| Sec. 3319.57. (A) A grant program is hereby established | 56558 |
| under which the department of education shall award grants to | 56559 |
| assist certain schools in a city, exempted village, local, or | 56560 |
| joint vocational school district in implementing one of the | 56561 |
| following innovations: | 56562 |
| (1) The use of instructional specialists to mentor and | 56563 |
| support classroom teachers; | 56564 |
| (2) The use of building managers to supervise the | 56565 |
| administrative functions of school operation so that a school | 56566 |
| principal can focus on supporting instruction, providing | 56567 |
| instructional leadership, and engaging teachers as part of the | 56568 |
| instructional leadership team; | 56569 |
| (3) The reconfiguration of school leadership structure in a | 56570 |
| manner that allows teachers to serve in leadership roles so that | 56571 |
| teachers may share the responsibility for making and implementing | 56572 |
| school decisions; | 56573 |
| (4) The adoption of new models for restructuring the school | 56574 |
| day or school year, such as including teacher planning and | 56575 |
| collaboration time as part of the school day; | 56576 |
| (5) The creation of smaller schools or smaller units within | 56577 |
| larger schools for the purpose of facilitating teacher | 56578 |
| collaboration to improve and advance the professional practice of | 56579 |
| teaching; | 56580 |
| (6) The implementation of "grow your own" recruitment | 56581 |
| strategies that are designed to assist individuals who show a | 56582 |
| commitment to education become licensed teachers, to assist | 56583 |
| experienced teachers obtain licensure in subject areas for which | 56584 |
| there is need, and to assist teachers in becoming principals; | 56585 |
| (7) The provision of better conditions for new teachers, such | 56586 |
| as reduced teaching load and reduced class size; | 56587 |
| (8) The provision of incentives to attract qualified | 56588 |
| mathematics, science, or special education teachers; | 56589 |
| (9) The development and implementation of a partnership with | 56590 |
| teacher preparation programs at colleges and universities to help | 56591 |
| attract teachers qualified to teach in shortage areas; | 56592 |
| (10) The implementation of a program to increase the cultural | 56593 |
| competency of both new and veteran teachers; | 56594 |
| (11) The implementation of a program to increase the subject | 56595 |
| matter competency of veteran teachers. | 56596 |
| (B) To qualify for a grant to implement one of the | 56597 |
| innovations described in division (A) of this section, a school | 56598 |
| must meet both of the following criteria: | 56599 |
| (1) Be hard to staff, as defined by the department. | 56600 |
| (2) Use existing school district funds for the implementation | 56601 |
| of the innovation in an amount equal to the grant amount | 56602 |
| multiplied by (1 - the district's state share percentage for the | 56603 |
| fiscal year in which the grant is awarded). | 56604 |
| For purposes of division (B)(2) of this section, "state share | 56605 |
|
percentage" | 56606 |
| 56607 | |
| 56608 | |
|
same meaning as in section 3306.02 of the Revised Code | 56609 |
| 56610 |
| (C) The amount and number of grants awarded under this | 56611 |
| section shall be determined by the department based on any | 56612 |
| appropriations made by the general assembly for grants under this | 56613 |
| section. | 56614 |
| (D) The state board of education shall adopt rules for the | 56615 |
| administration of this grant program. | 56616 |
| Sec. 3319.60. There is hereby established the educator | 56617 |
| standards board. The board shall develop and recommend to the | 56618 |
| state board of education standards for entering and continuing in | 56619 |
|
the | 56620 |
| for educator professional development. The board membership shall | 56621 |
| reflect the diversity of the state in terms of gender, race, | 56622 |
| ethnic background, and geographic distribution. | 56623 |
| (A) The board shall consist of the following members: | 56624 |
| (1) The following eighteen members appointed by the state | 56625 |
|
board of education | 56626 |
| 56627 |
| | 56628 |
|
district. | 56629 |
| employed as teachers in a secondary school, two persons shall be | 56630 |
|
employed as teachers in a middle school, | 56631 |
| be employed as teachers in an elementary school, one person shall | 56632 |
| be employed as a teacher in a pre-kindergarten classroom, and one | 56633 |
| person shall be a teacher who serves on a local professional | 56634 |
| development committee pursuant to section 3319.22 of the Revised | 56635 |
| Code. At least one person appointed under this division shall hold | 56636 |
| a teaching certificate or license issued by the national board for | 56637 |
| professional teaching standards. The Ohio education association | 56638 |
|
shall submit a list of | 56639 |
|
appointments and
the state board shall appoint | 56640 |
| to the educator standards board from that list. The Ohio | 56641 |
|
federation of teachers
shall submit a list of | 56642 |
|
for these appointments and
the state board shall appoint | 56643 |
| three members to the educator standards board from that list. If | 56644 |
| there is an insufficient number of nominees from both lists to | 56645 |
| satisfy the membership requirements of this division, the state | 56646 |
| board shall request additional nominees who satisfy those | 56647 |
| requirements. | 56648 |
| | 56649 |
| nonpublic school. Stakeholder groups selected by the state board | 56650 |
| shall submit a list of two nominees for this appointment. | 56651 |
| | 56652 |
|
in a school district. Of | 56653 |
| 56654 | |
| school principal, one person shall be employed as a middle school | 56655 |
| principal, one person shall be employed as an elementary school | 56656 |
| principal, one person shall be employed as a school district | 56657 |
| treasurer or business manager, and one person shall be employed as | 56658 |
| a school district superintendent. The buckeye association of | 56659 |
| school administrators shall submit a list of two nominees for the | 56660 |
| school district superintendent, the Ohio association of school | 56661 |
| business officials shall submit a list of two nominees for the | 56662 |
| school district treasurer or business manager, the Ohio | 56663 |
| association of elementary school administrators shall submit a | 56664 |
| list of two nominees for the elementary school principal, and the | 56665 |
| Ohio association of secondary school administrators shall submit a | 56666 |
| list of two nominees for the middle school principal and a list of | 56667 |
| two nominees for the secondary school principal. | 56668 |
| | 56669 |
| of education. The Ohio school boards association shall submit a | 56670 |
| list of two nominees for this appointment. | 56671 |
| | 56672 |
| 56673 | |
| 56674 | |
| 56675 | |
| 56676 | |
| 56677 | |
| 56678 | |
| 56679 | |
| 56680 | |
| 56681 | |
| 56682 | |
| 56683 | |
| 56684 | |
| 56685 | |
| 56686 | |
| 56687 | |
| 56688 |
| | 56689 |
| enrolled in a school operated by a school district. The Ohio | 56690 |
| parent teacher association shall submit a list of two nominees | 56691 |
| for this appointment. | 56692 |
| (2) The chancellor of the Ohio board of regents shall appoint | 56693 |
| three persons employed by institutions of higher education that | 56694 |
| offer educator preparation programs. One person shall be employed | 56695 |
| by an institution of higher education that has a certificate of | 56696 |
| authorization under Chapter 1713. of the Revised Code; one person | 56697 |
| shall be employed by a state university, as defined in section | 56698 |
| 3345.011 of the Revised Code, or a university branch; and one | 56699 |
| person shall be employed by a state community college, community | 56700 |
| college, or technical college. Of the two persons appointed from | 56701 |
| an institution of higher education that has a certificate of | 56702 |
| authorization under Chapter 1713. of the Revised Code and from a | 56703 |
| state university or university branch, one shall be employed in a | 56704 |
| college of education and one shall be employed in a college of | 56705 |
| arts and sciences. | 56706 |
| (3) The superintendent of public instruction or a designee of | 56707 |
| the superintendent, the chancellor of the Ohio board of regents or | 56708 |
| a designee of the chancellor, and the chairpersons and the ranking | 56709 |
| minority members of the education committees of the senate and | 56710 |
| house of representatives shall serve as nonvoting, ex officio | 56711 |
| members. | 56712 |
| (B) | 56713 |
| 56714 | |
| 56715 | |
| 56716 | |
| 56717 | |
| for two years. Each member shall hold office from the date of the | 56718 |
| member's appointment until the end of the term for which the | 56719 |
| member was appointed. At the first meeting, appointed members | 56720 |
| shall select a chairperson and a vice-chairperson. Vacancies on | 56721 |
|
the board shall be filled in the same manner as | 56722 |
| prescribed for appointments under division (A) of this section. | 56723 |
| Any member appointed to fill a vacancy occurring prior to the | 56724 |
| expiration of the term for which the member's predecessor was | 56725 |
| appointed shall hold office for the remainder of such term. Any | 56726 |
| member shall continue in office subsequent to the expiration date | 56727 |
| of the member's term until the member's successor takes office, or | 56728 |
| until a period of sixty days has elapsed, whichever occurs first. | 56729 |
| The terms of office of members are renewable. | 56730 |
| (C) Members shall receive no compensation for their services. | 56731 |
| (D) The board shall establish guidelines for its operation. | 56732 |
| These guidelines shall require the creation of a standing | 56733 |
| subcommittee on higher education, and shall permit the creation of | 56734 |
| other standing subcommittees when necessary. The board shall | 56735 |
| determine the membership of any subcommittee it creates. The board | 56736 |
| may select persons who are not members of the board to participate | 56737 |
| in the deliberations of any subcommittee as representatives of | 56738 |
| stakeholder groups, but no such person shall vote on any issue | 56739 |
| before the subcommittee. | 56740 |
| Sec. 3319.61. (A) The educator standards board, in | 56741 |
| consultation with the chancellor of the Ohio board of regents, | 56742 |
| shall do all of the following: | 56743 |
| (1) Develop state standards for teachers and principals that | 56744 |
| reflect what teachers and principals are expected to know and be | 56745 |
| able to do at all stages of their careers. These standards shall | 56746 |
| be aligned with the statewide academic content standards for | 56747 |
| students adopted pursuant to section 3301.079 of the Revised Code, | 56748 |
| be primarily based on educator performance instead of years of | 56749 |
| experience or certain courses completed, and rely on | 56750 |
| evidence-based factors. These standards shall also be aligned with | 56751 |
| the operating standards adopted under division (D)(3) of section | 56752 |
| 3301.07 of the Revised Code. | 56753 |
| (a) The standards for teachers shall reflect the following | 56754 |
| additional criteria: | 56755 |
| (i) Alignment with the interstate new teacher assessment and | 56756 |
| support consortium standards; | 56757 |
| (ii) Differentiation among novice, experienced, and advanced | 56758 |
| teachers; | 56759 |
| (iii) Reliance on competencies that can be measured; | 56760 |
| (iv) Reliance on content knowledge, teaching skills, | 56761 |
| discipline-specific teaching methods, and requirements for | 56762 |
| professional development; | 56763 |
| (v) Alignment with a career-long system of professional | 56764 |
| development and evaluation that ensures teachers receive the | 56765 |
| support and training needed to achieve the teaching standards as | 56766 |
| well as reliable feedback about how well they meet the standards; | 56767 |
| (vi) The standards under section 3301.079 of the Revised | 56768 |
| Code, including standards on collaborative learning environments | 56769 |
| and interdisciplinary, project-based real world learning, | 56770 |
| differentiated instruction, and community service learning; | 56771 |
| (vii) The Ohio leadership framework. | 56772 |
| (b) The standards for principals shall be aligned with the | 56773 |
| interstate school leaders licensing consortium standards. | 56774 |
| (2) Develop standards for school district superintendents | 56775 |
| that reflect what superintendents are expected to know and be able | 56776 |
| to do at all stages of their careers. The standards shall reflect | 56777 |
| knowledge of systems theory and effective management principles | 56778 |
| and be aligned with the buckeye association of school | 56779 |
| administrators standards and operating standards developed under | 56780 |
| division (D)(3) of section 3301.07 of the Revised Code. | 56781 |
| (3) Develop standards for school district treasurers and | 56782 |
| business managers that reflect what treasurers and business | 56783 |
| managers are expected to know and be able to do at all stages of | 56784 |
| their careers. The standards shall reflect knowledge of systems | 56785 |
| theory and effective management principles and be aligned with the | 56786 |
| association of school business officials international standards | 56787 |
| and the operating standards developed under division (D)(3) of | 56788 |
| section 3301.07 of the Revised Code. | 56789 |
|
(4) Develop standards for the renewal of | 56790 |
|
under | 56791 |
| | 56792 |
| development; | 56793 |
| (6) Investigate and make recommendations for the creation, | 56794 |
| expansion, and implementation of school building and school | 56795 |
| district leadership academies. | 56796 |
| The superintendent of public instruction, the chancellor of | 56797 |
| the Ohio board of regents, or the education standards board itself | 56798 |
| may request that the educator standards board update, review, or | 56799 |
| reconsider any standards developed under this section. | 56800 |
| (B) The educator standards board shall incorporate indicators | 56801 |
| of cultural competency into the standards developed under division | 56802 |
| (A) of this section. For this purpose, the educator standards | 56803 |
| board shall develop a definition of cultural competency based upon | 56804 |
| content and experiences that enable educators to know, understand, | 56805 |
| and appreciate the students, families, and communities that they | 56806 |
| serve and skills for addressing cultural diversity in ways that | 56807 |
| respond equitably and appropriately to the cultural needs of | 56808 |
| individual students. | 56809 |
| (C) In developing the standards under division (A) of this | 56810 |
| section, the educator standards board shall consider the impact of | 56811 |
| the standards on closing the achievement gap between students of | 56812 |
| different subgroups. | 56813 |
| (D) In developing the standards under division (A) of this | 56814 |
|
section, the educator standards board shall ensure | 56815 |
| the following: | 56816 |
| (1) That teachers | 56817 |
| provide appropriate instruction for students identified as gifted | 56818 |
| pursuant to Chapter 3324. of the Revised Code and to assist in the | 56819 |
| identification of such students, and have sufficient knowledge | 56820 |
| that will enable teachers to provide learning opportunities for | 56821 |
| all children to succeed; | 56822 |
| (2) That principals, superintendents, school treasurers, and | 56823 |
| school business managers have sufficient knowledge to provide | 56824 |
| principled, collaborative, foresighted, and data-based leadership | 56825 |
| that will provide learning opportunities for all children to | 56826 |
| succeed. | 56827 |
| (E) The standards for educator professional development | 56828 |
|
developed under division (A) | 56829 |
| 56830 |
| (1) Standards for the inclusion of local professional | 56831 |
| development committees established under section 3319.22 of the | 56832 |
| Revised Code in the planning and design of professional | 56833 |
| development; | 56834 |
| (2) Standards that address the crucial link between academic | 56835 |
| achievement and mental health issues. | 56836 |
| (F) The educator standards board shall also perform the | 56837 |
| following functions: | 56838 |
| (1) | 56839 |
| 56840 | |
| 56841 | |
| 56842 | |
| 56843 | |
| 56844 | |
| 56845 | |
| 56846 | |
| 56847 | |
| 56848 | |
| 56849 |
| | 56850 |
| standards developed under division (A) of this section and make | 56851 |
| recommendations to the state board of education for appropriate | 56852 |
| corrective action if such standards are not met; | 56853 |
| | 56854 |
| professions of teaching and school administration; | 56855 |
| | 56856 |
| between students of different subgroups; | 56857 |
| | 56858 |
| uniformly by all school districts; | 56859 |
| (5) Adopt criteria that a candidate for a lead professional | 56860 |
| educator license under section 3319.22 of the Revised Code who | 56861 |
| does not hold a valid certificate issued by the national board | 56862 |
| for professional teaching standards must meet to be considered a | 56863 |
| lead teacher for purposes of division (B)(4)(d) of that section. | 56864 |
|
It is the intent of the general
assembly that | 56865 |
| 56866 | |
| multiple, equal-weighted criteria to use in determining whether a | 56867 |
|
person is a | 56868 |
| addition to the other standards and qualifications prescribed in | 56869 |
| division (B)(4) of section 3319.22 of the Revised Code. The | 56870 |
|
criteria may include, but shall not be
limited to, | 56871 |
| 56872 | |
| 56873 | |
|
professional development courses | 56874 |
| 56875 | |
| leadership role in the teacher's school building or district. The | 56876 |
| board shall determine the number of criteria that a teacher shall | 56877 |
|
satisfy to be recognized as a
| 56878 |
| not be the total number of criteria adopted by the board. | 56879 |
| (6) Develop model teacher and principal evaluation | 56880 |
| instruments and processes. The models shall be based on the | 56881 |
| standards developed under division (A) of this section. | 56882 |
| (G) The educator standards board shall submit recommendations | 56883 |
| of standards developed under division (A) of this section to the | 56884 |
|
state board of education | 56885 |
| 56886 | |
| The state board of education shall review those recommendations at | 56887 |
| the state board's regular meeting that next succeeds the date that | 56888 |
| the recommendations are submitted to the state board. At that | 56889 |
| meeting, the state board of education shall vote to either adopt | 56890 |
| standards based on those recommendations or request that the | 56891 |
| educator standards board reconsider its recommendations. The state | 56892 |
| board of education shall articulate reasons for requesting | 56893 |
| reconsideration of the recommendations but shall not direct the | 56894 |
| content of the recommendations. The educator standards board shall | 56895 |
| reconsider its recommendations if the state board of education so | 56896 |
| requests, may revise the recommendations, and shall resubmit the | 56897 |
| recommendations, whether revised or not, to the state board not | 56898 |
| later than two weeks prior to the state board's regular meeting | 56899 |
| that next succeeds the meeting at which the state board requested | 56900 |
| reconsideration of the initial recommendations. The state board of | 56901 |
| education shall review the recommendations as resubmitted by the | 56902 |
| educator standards board at the state board's regular meeting that | 56903 |
| next succeeds the meeting at which the state board requested | 56904 |
| reconsideration of the initial recommendations and may adopt the | 56905 |
| standards as resubmitted or, if the resubmitted standards have not | 56906 |
| addressed the state board's concerns, the state board may modify | 56907 |
| the standards prior to adopting them. The final responsibility to | 56908 |
| determine whether to adopt standards as described in division (A) | 56909 |
| of this section and the content of those standards, if adopted, | 56910 |
| belongs solely to the state board of education. | 56911 |
| Sec. 3319.611. The subcommittee on standards for | 56912 |
| superintendents of the education standards board is hereby | 56913 |
| established. The subcommittee shall consist of the following | 56914 |
| members: | 56915 |
| (A) The school district superintendent appointed to the | 56916 |
| educator standards board under section 3319.60 of the Revised | 56917 |
| Code, who shall act as chairperson of the subcommittee; | 56918 |
| (B) Three additional school district superintendents | 56919 |
| appointed by the state board of education, for terms of two years. | 56920 |
| The buckeye association of school administrators shall submit a | 56921 |
| list of six nominees for appointments under this section. | 56922 |
| (C) Three additional members of the educator standards board, | 56923 |
| appointed by the chairperson of the educator standards board; | 56924 |
| (D) The superintendent of public instruction and the | 56925 |
| chancellor of the Ohio board of regents, or their designees, who | 56926 |
| shall serve as nonvoting, ex officio members of the subcommittee. | 56927 |
| Members of the subcommittee shall receive no compensation for | 56928 |
| their services. The members appointed under divisions (B) and (C) | 56929 |
| of this section may be reappointed. | 56930 |
| The subcommittee shall assist the educator standards board in | 56931 |
| developing the standards for superintendents and with any | 56932 |
| additional matters the educator standards board directs the | 56933 |
| subcommittee to examine. | 56934 |
| Sec. 3319.612. The subcommittee on standards for school | 56935 |
| treasurers and business managers of the educator standards board | 56936 |
| is hereby established. The subcommittee shall consist of the | 56937 |
| following members: | 56938 |
| (A) The school district treasurer or business manager | 56939 |
| appointed to the educator standards board under section 3319.60 of | 56940 |
| the Revised Code, who shall act as chairperson of the | 56941 |
| subcommittee; | 56942 |
| (B) Three additional school district treasurers or business | 56943 |
| managers appointed by the state board of education for terms of | 56944 |
| two years. The Ohio association of school business officials shall | 56945 |
| submit a list of six nominees for appointments under this section. | 56946 |
| (C) Three additional members of the educator standards board, | 56947 |
| appointed by the chairperson of the educator standards board; | 56948 |
| (D) The superintendent of public instruction and the | 56949 |
| chancellor of the Ohio board of regents, or their designees, who | 56950 |
| shall serve as nonvoting, ex officio members of the subcommittee. | 56951 |
| Members of the subcommittee shall receive no compensation for | 56952 |
| their services. The members appointed under divisions (B) and (C) | 56953 |
| of this section may be reappointed. | 56954 |
| The subcommittee shall assist the educator standards board in | 56955 |
| developing the standards for school treasurers and business | 56956 |
| managers and with any additional matters the educator standards | 56957 |
| board directs the subcommittee to examine. | 56958 |
| Sec. 3319.63. The board of education of a school district | 56959 |
| that employs any person who is appointed to serve as a member of | 56960 |
|
the educator standards board under division (A)(1)(a) or | 56961 |
| section 3319.60, as a member of the subcommittee on standards for | 56962 |
| superintendents under division (B) or (C) of section 3319.611, or | 56963 |
| as a member of the subcommittee on standards for school | 56964 |
| treasurers and business managers under division (B) or (C) of | 56965 |
| section 3319.612 of the Revised Code shall grant that person paid | 56966 |
| professional leave for the purpose of attending meetings and | 56967 |
| conducting official business of the educator standards board and | 56968 |
| the subcommittees. | 56969 |
| Sec. 3319.70. (A) The school health services advisory council | 56970 |
| is hereby established. The council shall consist of the following | 56971 |
| members: | 56972 |
| (1) A registered nurse licensed under Chapter 4723. of the | 56973 |
| Revised Code who also is licensed as a school nurse pursuant to | 56974 |
| section 3319.221 or former section 3319.22 of the Revised Code and | 56975 |
| is a member of the Ohio association of school nurses, appointed by | 56976 |
| the governor; | 56977 |
| (2) A representative of the board of nursing, appointed by | 56978 |
| the governor; | 56979 |
| (3) A representative of the department of health who has | 56980 |
| expertise in school and adolescent health services, appointed by | 56981 |
| the director of health; | 56982 |
| (4) A representative of the department of education, | 56983 |
| appointed by the superintendent of public instruction; | 56984 |
| (5) A representative of the chancellor of the Ohio board of | 56985 |
| regents, appointed by the chancellor; | 56986 |
| (6) A representative of a nurse education program, appointed | 56987 |
| by the chancellor; | 56988 |
| (7) A representative of the department of development who has | 56989 |
| expertise in workforce development, appointed by the director of | 56990 |
| development; | 56991 |
| (8) A representative of the department of job and family | 56992 |
| services who has expertise in child and adolescent care, appointed | 56993 |
| by the director of job and family services; | 56994 |
| (9) A representative of the public, appointed by the | 56995 |
| governor. | 56996 |
| (B) Initial appointments to the council shall be made within | 56997 |
| thirty days after the effective date of this section. Members of | 56998 |
| the council shall serve at the pleasure of their appointing | 56999 |
| authorities. Vacancies shall be filled in the same manner as the | 57000 |
| original appointment. Members shall receive no compensation for | 57001 |
| their services, except to the extent that service on the council | 57002 |
| is part of their regular employment duties. | 57003 |
| (C) The representative of the department of education shall | 57004 |
| call the first meeting of the council. At that meeting, the | 57005 |
| members shall select a chairperson and vice-chairperson. | 57006 |
| Subsequent meetings of the council shall be held at the call of | 57007 |
| the chairperson. | 57008 |
| Sec. 3319.71. (A) The school health services advisory council | 57009 |
| shall make recommendations on the following topics: | 57010 |
| (1) The content of the course of instruction required to | 57011 |
| obtain a school nurse license under section 3319.221 of the | 57012 |
| Revised Code; | 57013 |
| (2) The content of the course of instruction required to | 57014 |
| obtain a school nurse wellness coordinator license under section | 57015 |
| 3319.221 of the Revised Code; | 57016 |
| (3) Best practices for the use of school nurses and school | 57017 |
| nurse wellness coordinators in providing health and wellness | 57018 |
| programs for students and employees of school districts, community | 57019 |
| schools established under Chapter 3314. of the Revised Code, and | 57020 |
| STEM schools established under Chapter 3326. of the Revised Code. | 57021 |
| (B) The council shall issue its initial recommendations not | 57022 |
| later than March 31, 2010, and may issue subsequent | 57023 |
| recommendations as it considers necessary. Copies of all | 57024 |
| recommendations shall be provided to the state board of education, | 57025 |
| the chancellor of the Ohio board of regents, the board of | 57026 |
| nursing, and the health care coverage and quality council. | 57027 |
| Sec. 3321.01. (A)(1) As used in this chapter, "parent," | 57028 |
| "guardian," or "other person having charge or care of a child" | 57029 |
| means either parent unless the parents are separated or divorced | 57030 |
| or their marriage has been dissolved or annulled, in which case | 57031 |
| "parent" means the parent who is the residential parent and legal | 57032 |
| custodian of the child. If the child is in the legal or permanent | 57033 |
| custody of a person or government agency, "parent" means that | 57034 |
| person or government agency. When a child is a resident of a home, | 57035 |
| as defined in section 3313.64 of the Revised Code, and the child's | 57036 |
| parent is not a resident of this state, "parent," "guardian," or | 57037 |
| "other person having charge or care of a child" means the head of | 57038 |
| the home. | 57039 |
| A child between six and eighteen years of age is "of | 57040 |
| compulsory school age" for the purpose of sections 3321.01 to | 57041 |
| 3321.13 of the Revised Code. A child under six years of age who | 57042 |
| has been enrolled in kindergarten also shall be considered "of | 57043 |
| compulsory school age" for the purpose of sections 3321.01 to | 57044 |
| 3321.13 of the Revised Code unless at any time the child's parent | 57045 |
| or guardian, at the parent's or guardian's discretion and in | 57046 |
| consultation with the child's teacher and principal, formally | 57047 |
| withdraws the child from kindergarten. The compulsory school age | 57048 |
| of a child shall not commence until the beginning of the term of | 57049 |
| such schools, or other time in the school year fixed by the rules | 57050 |
| of the board of the district in which the child resides. | 57051 |
| (2) No child shall be admitted to a kindergarten or a first | 57052 |
| grade of a public school in a district in which all children are | 57053 |
| admitted to kindergarten and the first grade in August or | 57054 |
| September unless the child is five or six years of age, | 57055 |
| respectively, by the thirtieth day of September of the year of | 57056 |
| admittance, or by the first day of a term or semester other than | 57057 |
| one beginning in August or September in school districts granting | 57058 |
| admittance at the beginning of such term or semester, except that | 57059 |
| in those school districts using or obtaining educationally | 57060 |
| accepted standardized testing programs for determining entrance, | 57061 |
| as approved by the board of education of such districts, the board | 57062 |
| shall admit a child to kindergarten or the first grade who fails | 57063 |
| to meet the age requirement, provided the child meets necessary | 57064 |
| standards as determined by such standardized testing programs. If | 57065 |
| the board of education has not established a standardized testing | 57066 |
| program, the board shall designate the necessary standards and a | 57067 |
| testing program it will accept for the purpose of admitting a | 57068 |
| child to kindergarten or first grade who fails to meet the age | 57069 |
| requirement. Each child who will be the proper age for entrance to | 57070 |
| kindergarten or first grade by the first day of January of the | 57071 |
| school year for which admission is requested shall be so tested | 57072 |
| upon the request of the child's parent. | 57073 |
| (3) Notwithstanding divisions (A)(2) and (D) of this section, | 57074 |
| beginning with the school year that starts in 2001 and continuing | 57075 |
| thereafter the board of education of any district may adopt a | 57076 |
| resolution establishing the first day of August in lieu of the | 57077 |
| thirtieth day of September as the required date by which students | 57078 |
| must have attained the age specified in those divisions. | 57079 |
| (B) As used in divisions (C) and (D) of this section, | 57080 |
| "successfully completed kindergarten" and "successful completion | 57081 |
| of kindergarten" mean that the child has completed the | 57082 |
| kindergarten requirements at one of the following: | 57083 |
| (1) A public or chartered nonpublic school; | 57084 |
| (2) A kindergarten class that is both of the following: | 57085 |
| (a) Offered by a day-care provider licensed under Chapter | 57086 |
| 5104. of the Revised Code; | 57087 |
| (b) If offered after July 1, 1991, is directly taught by a | 57088 |
| teacher who holds one of the following: | 57089 |
| (i) A valid educator license issued under section 3319.22 of | 57090 |
| the Revised Code; | 57091 |
| (ii) A Montessori preprimary credential or age-appropriate | 57092 |
| diploma granted by the American Montessori society or the | 57093 |
| association Montessori internationale; | 57094 |
| (iii) Certification determined under division (G) of this | 57095 |
| section to be equivalent to that described in division | 57096 |
| (B)(2)(b)(ii) of this section; | 57097 |
| (iv) Certification for teachers in nontax-supported schools | 57098 |
| pursuant to section 3301.071 of the Revised Code. | 57099 |
| (C) Except as provided in division (D) of this section, no | 57100 |
| school district shall admit to the first grade any child who has | 57101 |
| not successfully completed kindergarten. | 57102 |
| (D) Upon request of a parent, the requirement of division (C) | 57103 |
| of this section may be waived by the district's pupil personnel | 57104 |
| services committee in the case of a child who is at least six | 57105 |
| years of age by the thirtieth day of September of the year of | 57106 |
| admittance and who demonstrates to the satisfaction of the | 57107 |
| committee the possession of the social, emotional, and cognitive | 57108 |
| skills necessary for first grade. | 57109 |
| The board of education of each city, local, and exempted | 57110 |
| village school district shall establish a pupil personnel services | 57111 |
| committee. The committee shall be composed of all of the following | 57112 |
| to the extent such personnel are either employed by the district | 57113 |
| or employed by the governing board of the educational service | 57114 |
| center within whose territory the district is located and the | 57115 |
| educational service center generally furnishes the services of | 57116 |
| such personnel to the district: | 57117 |
| (1) The director of pupil personnel services; | 57118 |
| (2) An elementary school counselor; | 57119 |
| (3) An elementary school principal; | 57120 |
| (4) A school psychologist; | 57121 |
| (5) A teacher assigned to teach first grade; | 57122 |
| (6) A gifted coordinator. | 57123 |
| The responsibilities of the pupil personnel services | 57124 |
| committee shall be limited to the issuing of waivers allowing | 57125 |
| admittance to the first grade without the successful completion of | 57126 |
| kindergarten. The committee shall have no other authority except | 57127 |
| as specified in this section. | 57128 |
| (E) The scheduling of times for kindergarten classes and | 57129 |
| length of the school day for kindergarten shall be determined by | 57130 |
| the board of education of a city, exempted village, or local | 57131 |
| school district, subject to section 3321.05 of the Revised Code. | 57132 |
| (F) Any kindergarten class offered by a day-care provider or | 57133 |
| school described by division (B)(1) or (B)(2)(a) of this section | 57134 |
| shall be developmentally appropriate. | 57135 |
| (G) Upon written request of a day-care provider described by | 57136 |
| division (B)(2)(a) of this section, the department of education | 57137 |
| shall determine whether certification held by a teacher employed | 57138 |
| by the provider meets the requirement of division (B)(2)(b)(iii) | 57139 |
| of this section and, if so, shall furnish the provider a statement | 57140 |
| to that effect. | 57141 |
| (H) | 57142 |
| 57143 |
| | 57144 |
| 57145 | |
| 57146 | |
| 57147 | |
| 57148 | |
| 57149 | |
| 57150 |
| | 57151 |
|
survey of each school district | 57152 |
| 57153 |
| | 57154 |
| 57155 |
| | 57156 |
| | 57157 |
| are eligible for free lunches under the "National School Lunch | 57158 |
| Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the | 57159 |
| "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as | 57160 |
|
amended | 57161 |
| 57162 |
| | 57163 |
|
kindergarten | 57164 |
| all-day kindergarten, as defined in section 3321.05 of the Revised | 57165 |
| Code. | 57166 |
| Each district shall report to the department, in the manner | 57167 |
|
prescribed by the department, the information | 57168 |
| 57169 | |
| division. | 57170 |
| The department shall issue an annual report on the results of | 57171 |
| the survey and shall post the report on its web site. The | 57172 |
| department shall issue the first report not later than April 30, | 57173 |
| 2008, and shall issue a report not later than the thirtieth day of | 57174 |
| April each year thereafter. | 57175 |
| Sec. 3321.041. (A) As used in this section, "extracurricular | 57176 |
| activity" means a pupil activity program that a school or school | 57177 |
| district operates and is not included in the school district's | 57178 |
| graded course of study, including an interscholastic | 57179 |
| extracurricular activity that a school or school district sponsors | 57180 |
| or participates in and that has participants from more than one | 57181 |
| school or school district. | 57182 |
| (B) Beginning in the 2009-2010 school year, if a student | 57183 |
| enrolled in a school district is absent from school for the sole | 57184 |
| purpose of traveling out of the state to participate in an | 57185 |
| enrichment activity approved by the district board of education or | 57186 |
| in an extracurricular activity, the district shall count that | 57187 |
| absence as an excused absence, up to a maximum of four days per | 57188 |
| school year. The district shall require any such student to | 57189 |
| complete any classroom assignments that the student misses because | 57190 |
| of the absence. | 57191 |
| (C) If a student will be absent from school for four or more | 57192 |
| consecutive school days for a purpose described in division (B) of | 57193 |
| this section, a classroom teacher employed by the school district | 57194 |
| shall accompany the student during the travel period to provide | 57195 |
| the student with instructional assistance. | 57196 |
| Sec. 3321.05. (A) As used in this section, "all-day | 57197 |
| kindergarten" means a kindergarten class that is in session five | 57198 |
| days per week for not less than the same number of clock hours | 57199 |
| each day as for students in grades one through six. | 57200 |
| (B) Any school district may operate all-day kindergarten or | 57201 |
|
extended kindergarten, but | 57202 |
| city, local, and exempted village school district shall provide | 57203 |
| all-day kindergarten to each student enrolled in kindergarten, | 57204 |
| except as specified in divisions (C) and (D) of this section. | 57205 |
| (C) The board of education of a school district may apply to | 57206 |
| the superintendent of public instruction for a waiver of the | 57207 |
| requirement to provide all-day kindergarten for all kindergarten | 57208 |
| students. In making the determination to grant or deny the waiver, | 57209 |
| the state superintendent may consider space concerns or | 57210 |
| alternative delivery approaches used by the school district. | 57211 |
| (D) No district shall require any student to attend | 57212 |
| kindergarten for more than one-half of the number of clock hours | 57213 |
|
required each day for | 57214 |
| six by the minimum standards adopted under division (D) of section | 57215 |
|
3301.07 of the
Revised Code. Each school district
| 57216 |
| 57217 | |
| students whose parents or guardians elect to enroll them for | 57218 |
| one-half of the minimum number of hours required each day for | 57219 |
| grades one through six. | 57220 |
| (E) A school district may use space in child day-care centers | 57221 |
| licensed under Chapter 5104. of the Revised Code to provide | 57222 |
| all-day kindergarten under this section. | 57223 |
| Sec. 3323.05. The state board of education shall establish | 57224 |
| procedures to ensure that children with disabilities and their | 57225 |
| parents are guaranteed procedural safeguards under this chapter | 57226 |
| with respect to a free appropriate public education. | 57227 |
| The procedures shall include, but need not be limited to: | 57228 |
| (A) An opportunity for the parents of a child with a | 57229 |
| disability to examine all records related to the child and to | 57230 |
| participate in meetings with respect to identification, | 57231 |
| evaluation, and educational placement of the child, and to | 57232 |
| obtain an independent educational evaluation of the child; | 57233 |
| (B) Procedures to protect the rights of the child whenever | 57234 |
| the parents of the child are not known, an agency after making | 57235 |
| reasonable efforts cannot find the parents, or the child is a | 57236 |
|
ward of the state, including the
assignment | 57237 |
| 57238 | |
|
a surrogate for the parents | 57239 |
| educational agency responsible for educating the child or by the | 57240 |
| court with jurisdiction over the child's custody. Such assignment | 57241 |
| shall be made in accordance with section 3323.051 of the Revised | 57242 |
| Code. | 57243 |
| (C) Prior written notice to the child's parents of a school | 57244 |
| district's proposal or refusal to initiate or change the | 57245 |
| identification, evaluation, or educational placement of the child | 57246 |
| or the provision of a free appropriate education for the child. | 57247 |
| The procedures established under this division shall: | 57248 |
| (1) Be designed to ensure that the written prior notice is in | 57249 |
| the native language of the parents, unless it clearly is not | 57250 |
| feasible to do so. | 57251 |
| (2) Specify that the prior written notice shall include: | 57252 |
| (a) A description of the action proposed or refused by the | 57253 |
| district; | 57254 |
| (b) An explanation of why the district proposes or refuses to | 57255 |
| take the action and a description of each evaluation procedure, | 57256 |
| assessment, record, or report the district used as a basis for the | 57257 |
| proposed or refused action; | 57258 |
| (c) A statement that the parents of a child with a disability | 57259 |
| have protection under the procedural safeguards and, if the notice | 57260 |
| is not in regard to an initial referral for evaluation, the means | 57261 |
| by which a copy of a description of the procedural safeguards can | 57262 |
| be obtained; | 57263 |
| (d) Sources for parents to contact to obtain assistance in | 57264 |
| understanding the provisions of Part B of the "Individuals with | 57265 |
| Disabilities Education Improvement Act of 2004"; | 57266 |
| (e) A description of other options considered by the IEP team | 57267 |
| and the reason why those options were rejected; | 57268 |
| (f) A description of the factors that are relevant to the | 57269 |
| agency's proposal or refusal. | 57270 |
| (D) An opportunity for the child's parents to present | 57271 |
| complaints to the superintendent of the child's school district | 57272 |
| of residence with respect to any matter relating to the | 57273 |
| identification, evaluation, or educational placement of the child, | 57274 |
| or the provision of a free appropriate public education under | 57275 |
| this chapter. | 57276 |
| Within twenty school days after receipt of a complaint, the | 57277 |
| district superintendent or the superintendent's designee, without | 57278 |
| undue delay and at a time and place convenient to all parties, | 57279 |
| shall review the case, may conduct an administrative review, and | 57280 |
| shall notify all parties in writing of the superintendent's or | 57281 |
| designee's decision. Where the child is placed in a program | 57282 |
| operated by a county MR/DD board or other educational agency, the | 57283 |
| superintendent shall consult with the administrator of that county | 57284 |
| MR/DD board or agency. | 57285 |
| Any party aggrieved by the decision of the district | 57286 |
| superintendent or the superintendent's designee may file a | 57287 |
| complaint with the state board as provided under division (E) of | 57288 |
| this section, request mediation as provided under division (F) of | 57289 |
| this section, or present a due process complaint notice and | 57290 |
| request for a due process hearing in writing to the superintendent | 57291 |
| of the district, with a copy to the state board, as provided under | 57292 |
| division (G) of this section. | 57293 |
| (E) An opportunity for a party to file a complaint with the | 57294 |
| state board of education with respect to the identification, | 57295 |
| evaluation, or educational placement of the child, or the | 57296 |
| provision of a free appropriate public education to such child. | 57297 |
| The department of education shall review and, where appropriate, | 57298 |
| investigate the complaint and issue findings. | 57299 |
| (F) An opportunity for parents and a school district to | 57300 |
| resolve through mediation disputes involving any matter. | 57301 |
| (1) The procedures established under this section shall | 57302 |
| ensure that the mediation process is voluntary on the part of the | 57303 |
| parties, is not used to deny or delay a parent's right to a due | 57304 |
| process hearing or to deny any other rights afforded under this | 57305 |
| chapter, and is conducted by a qualified and impartial mediator | 57306 |
| who is trained in effective mediation techniques. | 57307 |
| (2) A school district may establish procedures to offer to | 57308 |
| parents and schools that choose not to use the mediation process, | 57309 |
| an opportunity to meet, at a time and location convenient to the | 57310 |
| parents, with a disinterested party to encourage the use, and | 57311 |
| explain the benefits, of the mediation process to the parents. The | 57312 |
| disinterested party shall be an individual who is under contract | 57313 |
| with a parent training and information center or community parent | 57314 |
| resource center in the state or is under contract with an | 57315 |
| appropriate alternative dispute resolution entity. | 57316 |
| (3) The department shall maintain a list of individuals who | 57317 |
| are qualified mediators and knowledgeable in laws and regulations | 57318 |
| relating to the provision of special education and related | 57319 |
| services. | 57320 |
| (4) The department shall bear the cost of the mediation | 57321 |
| process, including the costs of meetings described in division | 57322 |
| (F)(2) of this section. | 57323 |
| (5) Each session in the mediation process shall be scheduled | 57324 |
| in a timely manner and shall be held in a location that is | 57325 |
| convenient to the parties to the dispute. | 57326 |
| (6) Discussions that occur during the mediation process shall | 57327 |
| be confidential and shall not be used as evidence in any | 57328 |
| subsequent due process hearing or civil proceeding. | 57329 |
| (7) In the case that a resolution is reached to resolve the | 57330 |
| complaint through the mediation process, the parties shall execute | 57331 |
| a legally binding agreement that sets forth the resolution and | 57332 |
| that: | 57333 |
| (a) States that all discussions that occurred during the | 57334 |
| mediation process shall be confidential and shall not be used as | 57335 |
| evidence in any subsequent due process hearing or civil | 57336 |
| proceeding; | 57337 |
| (b) Is signed by both the parent and a representative for the | 57338 |
| school district who has the authority to bind the district; | 57339 |
| (c) Is enforceable in any state court of competent | 57340 |
| jurisdiction or in a district court of the United States. | 57341 |
| (G)(1) An opportunity for parents or a school district to | 57342 |
| present a due process complaint and request for a due process | 57343 |
| hearing to the superintendent of the school district of the | 57344 |
| child's residence with respect to the identification, evaluation, | 57345 |
| or educational placement of the child, or the provision of a free | 57346 |
| appropriate public education to the child. The party presenting | 57347 |
| the due process complaint and request for a due process hearing | 57348 |
| shall provide due process complaint notice to the other party and | 57349 |
| forward a copy of the notice to the state board. The due process | 57350 |
| complaint notice shall include: | 57351 |
| (a) The name of the child, the address of the residence of | 57352 |
| the child, or the available contact information in the case of a | 57353 |
| homeless child, and the name of the school the child is attending; | 57354 |
| (b) A description of the nature of the problem of the child | 57355 |
| relating to the proposed initiation or change, including facts | 57356 |
| relating to the problem; | 57357 |
| (c) A proposed resolution of the problem to the extent known | 57358 |
| and available to the party at the time. | 57359 |
| A party shall not have a due process hearing until the party, | 57360 |
| or the attorney representing the party, files a notice that meets | 57361 |
| the requirement for filing a due process complaint notice. | 57362 |
| A due process hearing shall be conducted by an impartial | 57363 |
| hearing officer in accordance with standards and procedures | 57364 |
| adopted by the state board. A hearing officer shall not be an | 57365 |
| employee of the state board or any agency involved in the | 57366 |
| education or care of the child or a person having a personal or | 57367 |
| professional interest that conflicts with the person's objectivity | 57368 |
| in the hearing. A hearing officer shall possess knowledge of, and | 57369 |
| the ability to understand, the provisions of the "Individuals with | 57370 |
| Disabilities Education Improvement Act of 2004," federal and state | 57371 |
| regulations pertaining to that act, and legal interpretations of | 57372 |
| that act by federal and state courts; possess the knowledge and | 57373 |
| ability to conduct hearings in accordance with appropriate | 57374 |
| standard legal practice; and possess the knowledge and ability to | 57375 |
| render and write decisions in accordance with appropriate standard | 57376 |
| legal practice. The due process requirements of section 615 of the | 57377 |
| "Individuals with Disabilities Education Improvement Act of 2004," | 57378 |
| 20 U.S.C. 1415, apply to due process complaint notices and | 57379 |
| requests for due process hearings and to due process hearings held | 57380 |
| under division (G) of this section, including, but not limited to, | 57381 |
| timelines for requesting hearings, requirements for sufficient | 57382 |
| complaint notices, resolution sessions, and sufficiency and | 57383 |
| hearing decisions. | 57384 |
| (2) Discussions that occur during a resolution session shall | 57385 |
| be confidential and shall not be used as evidence in any | 57386 |
| subsequent due process hearing or civil proceeding. If a | 57387 |
| resolution to the dispute is reached at a resolution session, the | 57388 |
| parties must execute a legally binding written settlement | 57389 |
| agreement which shall state that all discussions that occurred | 57390 |
| during the resolution process shall be confidential and shall not | 57391 |
| be used as evidence in any subsequent due process hearing or civil | 57392 |
| proceeding. | 57393 |
| (3) A party to a hearing under division (G) of this section | 57394 |
| shall be accorded: | 57395 |
| (a) The right to be accompanied and advised by counsel and by | 57396 |
| individuals with special knowledge or training with respect to the | 57397 |
| problems of children with disabilities; | 57398 |
| (b) The right to present evidence and confront, | 57399 |
| cross-examine, and compel the attendance of witnesses; | 57400 |
| (c) The right to a written or electronic verbatim record of | 57401 |
| the hearing; | 57402 |
| (d) The right to written findings of fact and decisions, | 57403 |
| which findings of fact and decisions shall be made available to | 57404 |
| the public consistent with the requirements relating to the | 57405 |
| confidentiality of personally identifiable data, information, and | 57406 |
| records collected and maintained by state educational agencies and | 57407 |
| local educational agencies; and shall be transmitted to the | 57408 |
| advisory panel established and maintained by the department for | 57409 |
| the purpose of providing policy guidance with respect to special | 57410 |
| education and related services for children with disabilities in | 57411 |
| the state. | 57412 |
| (H) An opportunity for any party aggrieved by the findings | 57413 |
| and decision rendered in a hearing under division (G) of this | 57414 |
| section to appeal within forty-five days of notification of the | 57415 |
| decision to the state board, which shall appoint a state level | 57416 |
| officer who shall review the case and issue a final order. The | 57417 |
| state level officer shall be appointed and shall review the case | 57418 |
| in accordance with standards and procedures adopted by the state | 57419 |
| board. | 57420 |
| Any party aggrieved by the final order of the state level | 57421 |
| officer may appeal the final order, in accordance with Chapter | 57422 |
| 119. of the Revised Code, within forty-five days after | 57423 |
| notification of the order to the court of common pleas of the | 57424 |
| county in which the child's school district of residence is | 57425 |
| located, or to a district court of the United States within | 57426 |
| ninety days after the date of the decision of the state level | 57427 |
| review officer, as provided in section 615(i)(2) of the | 57428 |
| "Individuals with Disabilities Education Improvement Act of | 57429 |
| 2004," 20 U.S.C. 1415(i)(2). | 57430 |
| Sec. 3323.091. (A) The department of mental health, the | 57431 |
| department of mental retardation and developmental disabilities, | 57432 |
| the department of youth services, and the department of | 57433 |
| rehabilitation and correction shall establish and maintain special | 57434 |
| education programs for children with disabilities in institutions | 57435 |
| under their jurisdiction according to standards adopted by the | 57436 |
| state board of education. | 57437 |
| (B) The superintendent of each state institution required to | 57438 |
| provide services under division (A) of this section, and each | 57439 |
| county MR/DD board, providing special education for preschool | 57440 |
| children with disabilities under this chapter may apply to the | 57441 |
| state department of education for unit funding, which shall be | 57442 |
| paid in accordance with sections 3317.052 and 3317.053 of the | 57443 |
| Revised Code. | 57444 |
| The superintendent of each state institution required to | 57445 |
| provide services under division (A) of this section may apply to | 57446 |
| the department of education for special education and related | 57447 |
| services weighted funding for children with disabilities other | 57448 |
| than preschool children with disabilities, calculated in | 57449 |
| accordance with section 3317.201 of the Revised Code. | 57450 |
| Each county MR/DD board providing special education for | 57451 |
| children with disabilities other than preschool children with | 57452 |
| disabilities may apply to the department of education for base | 57453 |
| cost and special education and related services weighted funding | 57454 |
| calculated in accordance with section 3317.20 of the Revised | 57455 |
| Code. | 57456 |
| (C) In addition to the authorization to apply for state | 57457 |
| funding described in division (B) of this section, each state | 57458 |
| institution required to provide services under division (A) of | 57459 |
| this section is entitled to tuition payments calculated in the | 57460 |
| manner described in division (C) of this section. | 57461 |
| On or before the thirtieth day of June of each year, the | 57462 |
| superintendent of each institution that during the school year | 57463 |
| provided special education pursuant to this section shall prepare | 57464 |
| a statement for each child with a disability under twenty-two | 57465 |
| years of age who has received special education. The statement | 57466 |
| shall contain the child's data verification code assigned | 57467 |
| pursuant to division (D)(2) of section 3301.0714 of the Revised | 57468 |
| Code and the name of the child's school district of residence. | 57469 |
| Within sixty days after receipt of such statement, the department | 57470 |
| of education shall perform one of the following: | 57471 |
| (1) For any child except a preschool child with a disability | 57472 |
| described in division (C)(2) of this section, pay to the | 57473 |
| institution submitting the statement an amount equal to the | 57474 |
| tuition calculated under division (A) of section 3317.08 of the | 57475 |
| Revised Code for the period covered by the statement, and deduct | 57476 |
| the same from the amount of state funds, if any, payable under | 57477 |
|
sections | 57478 |
| child's school district of residence or, if the amount of such | 57479 |
| state funds is insufficient, require the child's school district | 57480 |
| of residence to pay the institution submitting the statement an | 57481 |
| amount equal to the amount determined under this division. | 57482 |
| (2) For any preschool child with a disability not included | 57483 |
| in a unit approved under division (B) of section 3317.05 of the | 57484 |
| Revised Code, perform the following: | 57485 |
| (a) Pay to the institution submitting the statement an amount | 57486 |
| equal to the tuition calculated under division (B) of section | 57487 |
| 3317.08 of the Revised Code for the period covered by the | 57488 |
| statement, except that in calculating the tuition under that | 57489 |
| section the operating expenses of the institution submitting the | 57490 |
| statement under this section shall be used instead of the | 57491 |
| operating expenses of the school district of residence; | 57492 |
| (b) Deduct from the amount of state funds, if any, payable | 57493 |
|
under sections | 57494 |
| to the child's school district of residence an amount equal to the | 57495 |
| amount paid under division (C)(2)(a) of this section. | 57496 |
| Sec. 3323.14. This section does not apply to any preschool | 57497 |
| child with a disability except if included in a unit approved | 57498 |
| under division (B) of section 3317.05 of the Revised Code. | 57499 |
| (A) Where a child who is a school resident of one school | 57500 |
| district receives special education from another district and the | 57501 |
| per capita cost to the educating district for that child exceeds | 57502 |
| the sum of the amount received by the educating district for that | 57503 |
| child under division (A) of section 3317.08 of the Revised Code | 57504 |
| and the amount received by the district from the state board of | 57505 |
| education for that child, then the board of education of the | 57506 |
| district of residence shall pay to the board of the school | 57507 |
| district that is providing the special education such excess cost | 57508 |
| as is determined by using a formula approved by the department of | 57509 |
| education and agreed upon in contracts entered into by the boards | 57510 |
| of the districts concerned at the time the district providing | 57511 |
| such special education accepts the child for enrollment. The | 57512 |
|
department shall
certify the amount of the
payments under | 57513 |
| Chapters 3306. and 3317. of the Revised Code for such pupils | 57514 |
| with disabilities for each school year ending on the thirtieth | 57515 |
| day of July. | 57516 |
| (B) In the case of a child described in division (A) of this | 57517 |
| section who has been placed in a home, as defined in section | 57518 |
| 3313.64 of the Revised Code, pursuant to the order of a court and | 57519 |
| who is not subject to section 3323.141 of the Revised Code, the | 57520 |
| district providing the child with special education and related | 57521 |
| services may charge to the child's district of residence the | 57522 |
| excess cost determined by formula approved by the department, | 57523 |
| regardless of whether the district of residence has entered into a | 57524 |
| contract with the district providing the services. If the district | 57525 |
| providing the services chooses to charge excess costs, the | 57526 |
| district may report the amount calculated under this division to | 57527 |
| the department. | 57528 |
| (C) If a district providing special education for a child | 57529 |
| reports an amount for the excess cost of those services, as | 57530 |
| authorized and calculated under division (A) or (B) of this | 57531 |
| section, the department shall pay that amount of excess cost to | 57532 |
| the district providing the services and shall deduct that amount | 57533 |
| from the child's district of residence in accordance with division | 57534 |
| (N) of section 3317.023 of the Revised Code. | 57535 |
| Sec. 3323.142. This section does not apply to any preschool | 57536 |
| child with a disability except if included in a unit approved | 57537 |
| under division (B) of section 3317.05 of the Revised Code. | 57538 |
| As used in this section, "per pupil amount" for a preschool | 57539 |
| child with a disability included in such an approved unit means | 57540 |
| the amount determined by dividing the amount received for the | 57541 |
| classroom unit in which the child has been placed by the number of | 57542 |
| children in the unit. For any other child, "per pupil amount" | 57543 |
| means the amount paid for the child under section 3317.20 of the | 57544 |
| Revised Code. | 57545 |
| When a school district places or has placed a child with a | 57546 |
| county MR/DD board for special education, but another district is | 57547 |
| responsible for tuition under section 3313.64 or 3313.65 of the | 57548 |
| Revised Code and the child is not a resident of the territory | 57549 |
| served by the county MR/DD board, the board may charge the | 57550 |
| district responsible for tuition with the educational costs in | 57551 |
|
excess of the per pupil amount received by the board under
| 57552 |
| Chapters 3306. and 3317. of the Revised Code. The amount of the | 57553 |
| excess cost shall be determined by the formula established by | 57554 |
| rule of the department of education under section 3323.14 of the | 57555 |
| Revised Code, and the payment for such excess cost shall be made | 57556 |
| by the school district directly to the county MR/DD board. | 57557 |
| A school district board of education and the county MR/DD | 57558 |
| board that serves the school district may negotiate and contract, | 57559 |
| at or after the time of placement, for payments by the board of | 57560 |
| education to the county MR/DD board for additional services | 57561 |
| provided to a child placed with the county MR/DD board and whose | 57562 |
| individualized education program established pursuant to section | 57563 |
| 3323.08 of the Revised Code requires additional services that are | 57564 |
| not routinely provided children in the county MR/DD board's | 57565 |
| program but are necessary to maintain the child's enrollment and | 57566 |
| participation in the program. Additional services may include, but | 57567 |
| are not limited to, specialized supplies and equipment for the | 57568 |
| benefit of the child and instruction, training, or assistance | 57569 |
| provided by staff members other than staff members for which | 57570 |
| funding is received under Chapter 3306. or 3317. of the Revised | 57571 |
| Code. | 57572 |
| Sec. 3324.05. (A) Each school district shall submit an | 57573 |
| annual report to the department of education specifying the number | 57574 |
| of students in each of grades kindergarten through twelfth | 57575 |
| screened, the number assessed, and the number identified as gifted | 57576 |
| in each category specified in section 3324.03 of the Revised Code. | 57577 |
| (B) The department of education shall audit each school | 57578 |
| district's identification numbers at least once every three years | 57579 |
| and may select any district at random or upon complaint or | 57580 |
| suspicion of noncompliance for a further audit to determine | 57581 |
| compliance with sections 3324.03 to 3324.06 of the Revised Code. | 57582 |
| (C) The department shall provide technical assistance to any | 57583 |
| district found in noncompliance under division (B) of this | 57584 |
| section. The department may reduce funds received by the district | 57585 |
|
under
| 57586 |
| amount if the district continues to be noncompliant. | 57587 |
| Sec. 3325.08. (A) A diploma shall be granted by the | 57588 |
| superintendent of the state school for the blind and the | 57589 |
| superintendent of the state school for the deaf to any student | 57590 |
| enrolled in one of these state schools to whom all of the | 57591 |
| following apply: | 57592 |
| (1) The student has successfully completed the individualized | 57593 |
| education program developed for the student for the student's high | 57594 |
| school education pursuant to section 3323.08 of the Revised Code; | 57595 |
| (2) Subject to section 3313.614 of the Revised Code, the | 57596 |
| student has met the assessment requirements of division (A)(2)(a) | 57597 |
| or (b) of this section, as applicable. | 57598 |
| (a) If the student entered the ninth grade prior to the date | 57599 |
| prescribed by rule of the state board of education under division | 57600 |
| (E)(2) of section 3301.0712 of the Revised Code, the student | 57601 |
| either: | 57602 |
| | 57603 |
| under division (B)(1) of section 3301.0710 of the Revised Code on | 57604 |
|
all
the | 57605 |
| division (L) of section 3313.61 of the Revised Code applies to the | 57606 |
| student; | 57607 |
| | 57608 |
| in section 3313.615 of the Revised Code. | 57609 |
| (b) If the student entered the ninth grade on or after the | 57610 |
| date prescribed by rule of the state board under division (E)(2) | 57611 |
| of section 3301.0712 of the Revised Code, the student has | 57612 |
| attained on the entire assessment system prescribed under | 57613 |
| division (B)(2) of section 3301.0710 of the Revised Code at least | 57614 |
| the required passing composite score, designated under division | 57615 |
| (C)(1) of section 3301.0712 of the Revised Code, except to the | 57616 |
| extent that division (L) of section 3313.61 of the Revised Code | 57617 |
| applies to the student. | 57618 |
| (3) The student is not eligible to receive an honors diploma | 57619 |
| granted pursuant to division (B) of this section. | 57620 |
| No diploma shall be granted under this division to anyone | 57621 |
| except as provided under this division. | 57622 |
| (B) In lieu of a diploma granted under division (A) of this | 57623 |
| section, the superintendent of the state school for the blind and | 57624 |
| the superintendent of the state school for the deaf shall grant | 57625 |
| an honors diploma, in the same manner that the boards of | 57626 |
| education of school districts grant such diplomas under division | 57627 |
| (B) of section 3313.61 of the Revised Code, to any student | 57628 |
| enrolled in one of these state schools who accomplishes all of | 57629 |
| the following: | 57630 |
| (1) Successfully completes the individualized education | 57631 |
| program developed for the student for the student's high school | 57632 |
| education pursuant to section 3323.08 of the Revised Code; | 57633 |
| (2) Subject to section 3313.614 of the Revised Code, has met | 57634 |
| the assessment requirements of division (B)(2)(a) or (b) of this | 57635 |
| section, as applicable. | 57636 |
| (a) If the student entered the ninth grade prior to the date | 57637 |
| prescribed by rule of the state board under division (E)(2) of | 57638 |
| section 3301.0712 of the Revised Code, the student either: | 57639 |
| | 57640 |
| under division (B)(1) of section 3301.0710 of the Revised Code on | 57641 |
|
all the | 57642 |
| | 57643 |
| in section 3313.615 of the Revised Code. | 57644 |
| (b) If the student entered the ninth grade on or after the | 57645 |
| date prescribed by rule of the state board under division (E)(2) | 57646 |
| of section 3301.0712 of the Revised Code, the student has | 57647 |
| attained on the entire assessment system prescribed under | 57648 |
| division (B)(2) of section 3301.0710 of the Revised Code at least | 57649 |
| the required passing composite score, designated under division | 57650 |
| (C)(1) of section 3301.0712 of the Revised Code. | 57651 |
| (3) Has met additional criteria for granting an honors | 57652 |
| diploma. | 57653 |
| These additional criteria shall be the same as those | 57654 |
| prescribed by the state board under division (B) of section | 57655 |
| 3313.61 of the Revised Code for the granting of such diplomas by | 57656 |
| school districts. No honors diploma shall be granted to anyone | 57657 |
| failing to comply with this division and not more than one honors | 57658 |
| diploma shall be granted to any student under this division. | 57659 |
| (C) A diploma or honors diploma awarded under this section | 57660 |
| shall be signed by the superintendent of public instruction and | 57661 |
| the superintendent of the state school for the blind or the | 57662 |
| superintendent of the state school for the deaf, as applicable. | 57663 |
| Each diploma shall bear the date of its issue and be in such form | 57664 |
| as the school superintendent prescribes. | 57665 |
| (D) Upon granting a diploma to a student under this section, | 57666 |
| the superintendent of the state school in which the student is | 57667 |
| enrolled shall provide notice of receipt of the diploma to the | 57668 |
| board of education of the school district where the student is | 57669 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 57670 |
| Revised Code when not residing at the state school for the blind | 57671 |
| or the state school for the deaf. The notice shall indicate the | 57672 |
| type of diploma granted. | 57673 |
| Sec. 3326.11. Each science, technology, engineering, and | 57674 |
| mathematics school established under this chapter and its | 57675 |
| governing body shall comply with division (A)(9) of section | 57676 |
| 3313.60 of the Revised Code and sections 9.90, 9.91, 109.65, | 57677 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 57678 |
| 57679 | |
| 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, | 57680 |
| 3313.50, 3313.536, 3313.605, 3313.607, 3313.608, 3313.6012, | 57681 |
| 3313.6013, 3313.6014, 3313.61, 3313.611, 3313.614, 3313.615, | 57682 |
| 3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.666, | 57683 |
| 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, | 57684 |
| 3313.71, 3313.716, 3313.718, 3313.80, 3313.801, 3313.82, | 57685 |
| 3313.821, 3313.822, 3313.96, 3319.073, 3319.21, 3319.32, | 57686 |
| 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 57687 |
| 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 57688 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 57689 |
| 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 57690 |
| 4123., 4141., and 4167. of the Revised Code as if it were a | 57691 |
| school district. | 57692 |
| Sec. 3326.14. Each science, technology, engineering, and | 57693 |
| mathematics school and its governing body shall administer the | 57694 |
| 57695 | |
| and 3301.0712 of the Revised Code, as if it were a school | 57696 |
| district, except that, notwithstanding any provision of those | 57697 |
| sections to the contrary, any student enrolled in a grade lower | 57698 |
| than the tenth grade in a STEM school may take one or more of | 57699 |
| the Ohio graduation tests prescribed under division (B)(1) of | 57700 |
| section 3301.0710 of the Revised Code on any of the dates | 57701 |
|
prescribed | 57702 |
| assessment. | 57703 |
| Sec. 3326.21. (A) Each science, technology, engineering, and | 57704 |
| mathematics school shall have a treasurer who is licensed under | 57705 |
| section 3301.074 of the Revised Code. The governing body of the | 57706 |
| school and the treasurer shall comply with sections 3301.072, | 57707 |
| 3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in | 57708 |
| the same manner as a school district board of education and a | 57709 |
| district treasurer. | 57710 |
| (B) Each STEM school shall comply with the financial | 57711 |
| reporting standards adopted by the state board of education under | 57712 |
| division (B)(2) of section 3301.07 of the Revised Code. Financial | 57713 |
| records of each STEM school shall be maintained in the same | 57714 |
| manner as are financial records of school districts, pursuant to | 57715 |
| rules of the auditor of state. | 57716 |
| Sec. 3326.23. The governing body of each science, | 57717 |
| technology, engineering, and mathematics school annually shall | 57718 |
| provide the following assurances in writing to the department of | 57719 |
| education not later than ten business days prior to the opening | 57720 |
| of the school: | 57721 |
| (A) That the school has a plan for providing special | 57722 |
| education and related services to students with disabilities and | 57723 |
| has demonstrated the capacity to provide those services in | 57724 |
| accordance with Chapter 3323. of the Revised Code and federal | 57725 |
| law; | 57726 |
| (B) That the school has a plan and procedures for | 57727 |
|
administering the achievement | 57728 |
| prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the | 57729 |
| Revised Code; | 57730 |
| (C) That school personnel have the necessary training, | 57731 |
| knowledge, and resources to properly use and submit information to | 57732 |
| all databases maintained by the department for the collection of | 57733 |
| education data, including the education management information | 57734 |
| system established under section 3301.0714 of the Revised Code; | 57735 |
| (D) That all required information about the school has been | 57736 |
| submitted to the Ohio education directory system or any successor | 57737 |
| system; | 57738 |
| (E) That all classroom teachers are licensed in accordance | 57739 |
| with sections 3319.22 to 3319.31 of the Revised Code or are | 57740 |
| engaged to teach pursuant to section 3319.301 of the Revised Code; | 57741 |
| (F) That the school's treasurer is in compliance with | 57742 |
| section 3326.21 of the Revised Code; | 57743 |
| (G) That the school has complied with sections 3319.39 and | 57744 |
| 3319.391 of the Revised Code with respect to all employees and | 57745 |
| that the school has conducted a criminal records check of each | 57746 |
| of its governing body members; | 57747 |
| (H) That the school holds all of the following: | 57748 |
| (1) Proof of property ownership or a lease for the facilities | 57749 |
| used by the school; | 57750 |
| (2) A certificate of occupancy; | 57751 |
| (3) Liability insurance for the school, as required by | 57752 |
| section 3326.11 of the Revised Code; | 57753 |
| (4) A satisfactory health and safety inspection; | 57754 |
| (5) A satisfactory fire inspection; | 57755 |
| (6) A valid food permit, if applicable. | 57756 |
| (I) That the governing body has conducted a pre-opening site | 57757 |
| visit to the school for the school year for which the assurances | 57758 |
| are provided; | 57759 |
| (J) That the school has designated a date it will open for | 57760 |
| the school year for which the assurances are provided; | 57761 |
| (K) That the school has met all of the governing body's | 57762 |
| requirements for opening and any other requirements of the | 57763 |
| governing body. | 57764 |
| Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the | 57765 |
| Revised Code: | 57766 |
| (A) | 57767 |
| 57768 | |
| 57769 |
| | 57770 |
| 57771 | |
| 57772 | |
| 57773 |
| | 57774 |
| 57775 |
| | 57776 |
| defined in section 3323.01 of the Revised Code. | 57777 |
| | 57778 |
| 57779 | |
| 57780 |
| | 57781 |
| a student is entitled to attend school under section 3313.64 or | 57782 |
| 3313.65 of the Revised Code. | 57783 |
| | 57784 |
| 57785 |
| Sec. 3326.32. Each science, technology, engineering, and | 57786 |
| mathematics school shall report to the department of education, in | 57787 |
| the form and manner required by the department, all of the | 57788 |
| following information: | 57789 |
| (A) The total number of students enrolled in the school; | 57790 |
| (B) The number of students who are receiving special | 57791 |
| education and related services pursuant to an IEP; | 57792 |
| (C) For each student reported under division (B) of this | 57793 |
|
section, which category specified in divisions | 57794 |
|
(6) of
section | 57795 |
| the student; | 57796 |
| (D) The full-time equivalent number of students who are | 57797 |
| enrolled in vocational education programs or classes described in | 57798 |
| each of divisions (A) and (B) of section 3317.014 of the Revised | 57799 |
| Code that are provided by the STEM school; | 57800 |
| (E) The resident district of each student; | 57801 |
| (F) Any additional information the department determines | 57802 |
|
necessary to make payments | 57803 |
| Sec. 3326.33. For each student enrolled in a science, | 57804 |
| technology, engineering, and mathematics school established under | 57805 |
| this chapter other than a school that is governed as provided in | 57806 |
| section 3326.51 of the Revised Code, the department of education | 57807 |
|
annually shall | 57808 |
| 57809 | |
| 57810 | |
| 57811 |
| | 57812 |
| 57813 | |
| 57814 |
| | 57815 |
| 57816 | |
| 57817 |
| | 57818 |
| 57819 | |
| 57820 | |
| 57821 | |
| 57822 | |
| 57823 | |
| 57824 | |
| 57825 | |
| 57826 |
| | 57827 |
| 57828 | |
| 57829 | |
| 57830 |
| | 57831 |
| 57832 | |
| 57833 | |
| 57834 | |
| 57835 | |
| 57836 | |
| 57837 |
| | 57838 |
| 57839 | |
| 57840 | |
| 57841 | |
| 57842 | |
| 57843 |
| | 57844 |
| 57845 | |
| 57846 | |
| 57847 | |
| 3306.17 of the Revised Code. | 57848 |
| Sec. 3326.34. If a science, technology, engineering, and | 57849 |
| mathematics school established under this chapter, other than a | 57850 |
| school that is governed as provided in section 3326.51 of the | 57851 |
| Revised Code, incurs costs for a fiscal year for a student | 57852 |
| receiving special education and related services pursuant to an | 57853 |
|
IEP for a disability described in
divisions | 57854 |
|
of section | 57855 |
| threshold catastrophic cost for serving the student as specified | 57856 |
| in division (C)(3)(b) of section 3317.022 of the Revised Code, | 57857 |
| the STEM school may submit to the superintendent of public | 57858 |
| instruction documentation, as prescribed by the superintendent, of | 57859 |
| all its costs for that student. Upon submission of documentation | 57860 |
| for a student of the type and in the manner prescribed, the | 57861 |
| department of education shall pay to the school an amount equal to | 57862 |
| the school's costs for the student in excess of the threshold | 57863 |
| catastrophic costs. | 57864 |
| The school shall only report under this section, and the | 57865 |
| department shall only pay for, the costs of educational expenses | 57866 |
| and the related services provided to the student in accordance | 57867 |
| with the student's IEP. Any legal fees, court costs, or other | 57868 |
| costs associated with any cause of action relating to the student | 57869 |
| may not be included in the amount. | 57870 |
| Sec. 3326.36. The department of education shall reduce the | 57871 |
| amounts paid to a science, technology, engineering, and | 57872 |
| mathematics school under section 3326.33 of the Revised Code to | 57873 |
| reflect payments made to colleges under division (B) of section | 57874 |
| 3365.07 of the Revised Code or through alternative funding | 57875 |
| agreements entered into under rules adopted under section 3365.12 | 57876 |
| of the Revised Code. A student shall be considered enrolled in | 57877 |
| the school for any portion of the school year the student is | 57878 |
| attending a college under Chapter 3365. of the Revised Code. | 57879 |
| Sec. 3326.37. The department of education shall not pay to a | 57880 |
| science, technology, engineering, and mathematics school any | 57881 |
| amount for any of the following: | 57882 |
| (A) Any student who has graduated from the twelfth grade of a | 57883 |
| public or nonpublic school; | 57884 |
| (B) Any student who is not a resident of the state; | 57885 |
| (C) Any student who was enrolled in a STEM school during the | 57886 |
|
previous school year when | 57887 |
| under section 3301.0711 of the Revised Code but did not take one | 57888 |
|
or more of the
| 57889 |
| not excused pursuant to division (C)(1) or (3) of that section, | 57890 |
| unless the superintendent of public instruction grants the | 57891 |
|
student a waiver from the
requirement to take the | 57892 |
| assessment. The superintendent may grant a waiver only for good | 57893 |
| cause in accordance with rules adopted by the state board of | 57894 |
| education. | 57895 |
| (D) Any student who has attained the age of twenty-two years, | 57896 |
| except for veterans of the armed services whose attendance was | 57897 |
| interrupted before completing the recognized twelve-year course of | 57898 |
| the public schools by reason of induction or enlistment in the | 57899 |
| armed forces and who apply for enrollment in a STEM school not | 57900 |
| later than four years after termination of war or their honorable | 57901 |
| discharge. If, however, any such veteran elects to enroll in | 57902 |
| special courses organized for veterans for whom tuition is paid | 57903 |
| under federal law, or otherwise, the department shall not pay to | 57904 |
| the school any amount for that veteran. | 57905 |
| Sec. 3326.38. A science, technology, engineering, and | 57906 |
| mathematics school may do all of the following: | 57907 |
| (A) | 57908 |
| 57909 |
| | 57910 |
| school district or public school may receive under federal or | 57911 |
| state law or any appropriations act of the general assembly; | 57912 |
| | 57913 |
| additional funds. | 57914 |
| Sec. 3326.51. (A) As used in this section: | 57915 |
| (1) "Resident district" has the same meaning as in section | 57916 |
| 3326.31 of the Revised Code. | 57917 |
| (2) "STEM school sponsoring district" means a municipal, | 57918 |
| city, local, exempted village, or joint vocational school district | 57919 |
| that governs and controls a STEM school pursuant to this section. | 57920 |
| (B) Notwithstanding any other provision of this chapter to | 57921 |
| the contrary: | 57922 |
| (1) If a proposal for a STEM school submitted under section | 57923 |
| 3326.03 of the Revised Code proposes that the governing body of | 57924 |
| the school be the board of education of a municipal, city, local, | 57925 |
| exempted village, or joint vocational school district that is one | 57926 |
| of the partners submitting the proposal, and the partnership for | 57927 |
| continued learning approves that proposal, that school district | 57928 |
| board shall govern and control the STEM school as one of the | 57929 |
| schools of its district. | 57930 |
| (2) The STEM school sponsoring district shall maintain a | 57931 |
| separate accounting for the STEM school as a separate and distinct | 57932 |
| operational unit within the district's finances. The auditor of | 57933 |
| state, in the course of an annual or biennial audit of the school | 57934 |
| district serving as the STEM school sponsoring district, shall | 57935 |
| audit that school district for compliance with the financing | 57936 |
| requirements of this section. | 57937 |
| (3) With respect to students enrolled in a STEM school whose | 57938 |
| resident district is the STEM school sponsoring district: | 57939 |
| (a) | 57940 |
| 57941 | |
| 57942 |
| | 57943 |
| allocates to the STEM school funds equal to or exceeding the | 57944 |
|
amount | 57945 |
| 57946 | |
| students attending the school whose resident district is the STEM | 57947 |
| school sponsoring district. | 57948 |
| | 57949 |
| providing children with disabilities with a free appropriate | 57950 |
| public education under Chapter 3323. of the Revised Code. | 57951 |
| | 57952 |
| student transportation in accordance with laws and policies | 57953 |
| generally applicable to the district. | 57954 |
| (4) With respect to students enrolled in the STEM school | 57955 |
|
whose resident district is another school district, | 57956 |
| 57957 | |
| 57958 | |
|
considered | 57959 |
| 57960 | |
| sponsoring district shall include those students in its formula | 57961 |
|
ADM reported under section | 57962 |
|
The STEM school sponsoring district shall
allocate | 57963 |
| payments received under Chapter 3306. of the Revised Code that are | 57964 |
| attributable to those students to the STEM school. The STEM school | 57965 |
| sponsoring district may enter into financial agreements with the | 57966 |
| students' resident districts, which agreements may provide | 57967 |
|
financial support in
addition to the funds received | 57968 |
| 57969 | |
| The STEM school sponsoring district shall allocate all such | 57970 |
| additional funds to the STEM school. | 57971 |
| (5) Where the department is required to make, deny, reduce, | 57972 |
| or adjust payments to a STEM school sponsoring district pursuant | 57973 |
| to this section, it shall do so in such a manner that the STEM | 57974 |
| school sponsoring district may allocate that action to the STEM | 57975 |
| school. | 57976 |
| (6) A STEM school sponsoring district and its board may | 57977 |
| assign its district employees to the STEM school, in which case | 57978 |
| section 3326.18 of the Revised Code shall not apply. The district | 57979 |
| and board may apply any other resources of the district to the | 57980 |
| STEM school in the same manner that it applies district resources | 57981 |
| to other district schools. | 57982 |
| (7) Provisions of this chapter requiring a STEM school and | 57983 |
| its governing body to comply with specified laws as if it were a | 57984 |
| school district and in the same manner as a board of education | 57985 |
| shall instead require such compliance by the STEM school | 57986 |
| sponsoring district and its board of education, respectively, with | 57987 |
| respect to the STEM school. Where a STEM school or its governing | 57988 |
| body is required to perform a specific duty or permitted to take a | 57989 |
| specific action under this chapter, that duty is required to be | 57990 |
| performed or that action is permitted to be taken by the STEM | 57991 |
| school sponsoring district or its board of education, | 57992 |
| respectively, with respect to the STEM school. | 57993 |
| (8) No provision of this chapter limits the authority, as | 57994 |
| provided otherwise by law, of a school district and its board of | 57995 |
| education to levy taxes and issue bonds secured by tax revenues. | 57996 |
| (9) The treasurer of the STEM school sponsoring district or, | 57997 |
| if the STEM school sponsoring district is a municipal school | 57998 |
| district, the chief financial officer of the district, shall have | 57999 |
| all of the respective rights, authority, exemptions, and duties | 58000 |
| otherwise conferred upon the treasurer or chief financial officer | 58001 |
| by the Revised Code. | 58002 |
| Sec. 3327.02. (A) After considering each of the following | 58003 |
| factors, the board of education of a city, exempted village, or | 58004 |
| local school district may determine that it is impractical to | 58005 |
| transport a pupil who is eligible for transportation to and from a | 58006 |
| school under section 3327.01 of the Revised Code: | 58007 |
| (1) The time and distance required to provide the | 58008 |
| transportation; | 58009 |
| (2) The number of pupils to be transported; | 58010 |
| (3) The cost of providing transportation in terms of | 58011 |
| equipment, maintenance, personnel, and administration; | 58012 |
| (4) Whether similar or equivalent service is provided to | 58013 |
| other pupils eligible for transportation; | 58014 |
| (5) Whether and to what extent the additional service | 58015 |
| unavoidably disrupts current transportation schedules; | 58016 |
| (6) Whether other reimbursable types of transportation are | 58017 |
| available. | 58018 |
| (B)(1) Based on its consideration of the factors established | 58019 |
| in division (A) of this section, the board may pass a resolution | 58020 |
| declaring the impracticality of transportation. The resolution | 58021 |
| shall include each pupil's name and the reason for impracticality. | 58022 |
| (2) The board shall report its determination to the state | 58023 |
| board of education in a manner determined by the state board. | 58024 |
| (3) The board of education of a local school district | 58025 |
| additionally shall submit the resolution for concurrence to the | 58026 |
| educational service center that contains the local district's | 58027 |
| territory. If the educational service center governing board | 58028 |
| considers transportation by school conveyance practicable, it | 58029 |
| shall so inform the local board and transportation shall be | 58030 |
| provided by such local board. If the educational service center | 58031 |
| board agrees with the view of the local board, the local board may | 58032 |
| offer payment in lieu of transportation as provided in this | 58033 |
| section. | 58034 |
| (C) After passing the resolution declaring the impracticality | 58035 |
| of transportation, the district board shall offer to provide | 58036 |
| payment in lieu of transportation by doing the following: | 58037 |
| (1) In accordance with guidelines established by the | 58038 |
| department of education, informing the pupil's parent, guardian, | 58039 |
| or other person in charge of the pupil of both of the following: | 58040 |
| (a) The board's resolution; | 58041 |
| (b) The right of the pupil's parent, guardian, or other | 58042 |
| person in charge of the pupil to accept the offer of payment in | 58043 |
| lieu of transportation or to reject the offer and instead request | 58044 |
| the department to initiate mediation procedures. | 58045 |
| (2) Issuing the pupil's parent, guardian, or other person in | 58046 |
| charge of the pupil a contract or other form on which the parent, | 58047 |
| guardian, or other person in charge of the pupil is given the | 58048 |
| option to accept or reject the board's offer of payment in lieu of | 58049 |
| transportation. | 58050 |
| (D) If the parent, guardian, or other person in charge of the | 58051 |
| pupil accepts the offer of payment in lieu of providing | 58052 |
| transportation, the board shall pay the parent, guardian, or other | 58053 |
| person in charge of the child an amount that shall be not less | 58054 |
| than the amount determined by the department of education as the | 58055 |
| minimum for payment in lieu of transportation, and not more than | 58056 |
| the amount determined by the department as the average cost of | 58057 |
| pupil transportation for the previous school year. Payment may be | 58058 |
| prorated if the time period involved is only a part of the school | 58059 |
| year. | 58060 |
| (E)(1)(a) Upon the request of a parent, guardian, or other | 58061 |
| person in charge of the pupil who rejected the payment in lieu of | 58062 |
| transportation, the department shall conduct mediation procedures. | 58063 |
| (b) If the mediation does not resolve the dispute, the state | 58064 |
| board of education shall conduct a hearing in accordance with | 58065 |
| Chapter 119. of the Revised Code. The state board may approve the | 58066 |
| payment in lieu of transportation or may order the board of | 58067 |
| education to provide transportation. The decision of the state | 58068 |
| board is binding in subsequent years and on future parties in | 58069 |
| interest provided the facts of the determination remain | 58070 |
| comparable. | 58071 |
| (2) The school district shall provide transportation for the | 58072 |
| pupil from the time the parent, guardian, or other person in | 58073 |
| charge of the pupil requests mediation until the matter is | 58074 |
| resolved under division (E)(1)(a) or (b) of this section. | 58075 |
| (F)(1) If the department determines that a school district | 58076 |
| board has failed or is failing to provide transportation as | 58077 |
| required by division (E)(2) of this section or as ordered by the | 58078 |
| state board under division (E)(1)(b) of this section, the | 58079 |
| department shall order the school district board to pay to the | 58080 |
| pupil's parent, guardian, or other person in charge of the pupil, | 58081 |
| an amount equal to the state average daily cost of transportation | 58082 |
| as determined by the state board of education for the previous | 58083 |
| year. The school district board shall make payments on a schedule | 58084 |
| ordered by the department. | 58085 |
| (2) If the department subsequently finds that a school | 58086 |
| district board is not in compliance with an order issued under | 58087 |
| division (F)(1) of this section and the affected pupils are | 58088 |
| enrolled in a nonpublic or community school, the department shall | 58089 |
| deduct the amount that the board is required to pay under that | 58090 |
| order from any payments the department makes to the school | 58091 |
|
district board under | 58092 |
| the Revised Code. The department shall use the moneys so deducted | 58093 |
| to make payments to the nonpublic or community school attended by | 58094 |
| the pupil. The department shall continue to make the deductions | 58095 |
| and payments required under this division until the school | 58096 |
| district board either complies with the department's order issued | 58097 |
| under division (F)(1) of this section or begins providing | 58098 |
| transportation. | 58099 |
| (G) A nonpublic or community school that receives payments | 58100 |
| from the department under division (F)(2) of this section shall do | 58101 |
| either of the following: | 58102 |
| (1) Disburse the entire amount of the payments to the parent, | 58103 |
| guardian, or other person in control of the pupil affected by the | 58104 |
| failure of the school district of residence to provide | 58105 |
| transportation; | 58106 |
| (2) Use the entire amount of the payments to provide | 58107 |
| acceptable transportation for the affected pupil. | 58108 |
| Sec. 3327.04. (A) The board of education of any city, | 58109 |
| exempted village, or local school district may contract with the | 58110 |
| board of another district for the admission or transportation, or | 58111 |
| both, of pupils into any school in such other district, on terms | 58112 |
| agreed upon by such boards. | 58113 |
| (B) The boards of two school districts may enter into a | 58114 |
| contract under this section to share the provision of | 58115 |
| transportation to a child who resides in one school district and | 58116 |
| attends school in the other district. Under such an agreement, | 58117 |
| one district may claim the total transportation subsidy available | 58118 |
|
for such child under | 58119 |
| the Revised Code and may agree to pay any portion of such subsidy | 58120 |
| to the other district sharing the provision of transportation to | 58121 |
| that child. The contract shall delineate the transportation | 58122 |
| responsibilities of each district. | 58123 |
| A school district that enters into a contract under this | 58124 |
| section is not liable for any injury, death, or loss to the person | 58125 |
| or property of a student that may occur while the student is being | 58126 |
| furnished transportation by the other school district that is a | 58127 |
| party to the contract. | 58128 |
| (C) Whenever a board not maintaining a high school enters | 58129 |
| into an agreement with one or more boards maintaining such school | 58130 |
| for the schooling of all its high school pupils, the board making | 58131 |
| such agreement is exempt from the payment of tuition at other high | 58132 |
| schools of pupils living within three miles of the school | 58133 |
| designated in the agreement. In case no such agreement is entered | 58134 |
| into, the high school to be attended can be selected by the pupil | 58135 |
| holding an eighth grade diploma, and the tuition shall be paid by | 58136 |
| the board of the district of school residence. | 58137 |
| Sec. 3327.05. (A) Except as provided in division (B) of this | 58138 |
| section, no board of education of any school district shall | 58139 |
| provide transportation for any pupil who is a school resident of | 58140 |
| another school district unless the pupil is enrolled pursuant to | 58141 |
| section 3313.98 of the Revised Code or the board of the other | 58142 |
| district has given its written consent thereto. If the board of | 58143 |
| any school district files with the state board of education a | 58144 |
| written complaint that transportation for resident pupils is being | 58145 |
| provided by the board of another school district contrary to this | 58146 |
| division, the state board of education shall make an investigation | 58147 |
| of such complaint. If the state board of education finds that | 58148 |
| transportation is being provided contrary to this section, it may | 58149 |
| withdraw from state funds due the offending district any part of | 58150 |
| the amount that has been approved for transportation pursuant to | 58151 |
| 58152 |
| (B) Notwithstanding division (D) of section 3311.19 and | 58153 |
| division (D) of section 3311.52 of the Revised Code, this division | 58154 |
| does not apply to any joint vocational or cooperative education | 58155 |
| school district. | 58156 |
| A board of education may provide transportation to and from | 58157 |
| the nonpublic school of attendance if both of the following apply: | 58158 |
| (1) The parent, guardian, or other person in charge of the | 58159 |
| pupil agrees to pay the board for all costs incurred in providing | 58160 |
| the transportation that are not reimbursed pursuant to Chapter | 58161 |
| 3306. or 3317. of the Revised Code; | 58162 |
| (2) The pupil's school district of residence does not provide | 58163 |
| transportation for public school pupils of the same grade as the | 58164 |
| pupil being transported under this division, or that district is | 58165 |
| not required under section 3327.01 of the Revised Code to | 58166 |
| transport the pupil to and from the nonpublic school because the | 58167 |
| direct travel time to the nonpublic school is more than thirty | 58168 |
| minutes. | 58169 |
| Upon receipt of the request to provide transportation, the | 58170 |
| board shall review the request and determine whether the board | 58171 |
| will accommodate the request. If the board agrees to transport the | 58172 |
| pupil, the board may transport the pupil to and from the nonpublic | 58173 |
| school and a collection point in the district, as determined by | 58174 |
| the board. If the board transports the pupil, the board may | 58175 |
| include the pupil in the district's transportation ADM reported to | 58176 |
| the department of education under section 3317.03 of the Revised | 58177 |
|
Code and, accordingly, may receive a state payment under | 58178 |
| 58179 | |
| transporting the pupil. | 58180 |
| If the board declines to transport the pupil, the board, in a | 58181 |
| written communication to the parent, guardian, or other person in | 58182 |
| charge of the pupil, shall state the reasons for declining the | 58183 |
| request. | 58184 |
| Sec. 3329.16. If the superintendent of public instruction | 58185 |
| determines that a school district has expended for other purposes | 58186 |
| any moneys appropriated by the general assembly for the specific | 58187 |
| purpose of purchasing textbooks or other instructional materials, | 58188 |
| the superintendent shall notify the school district of this | 58189 |
| determination within seven days and shall deduct the amount so | 58190 |
| expended from payments otherwise due to the district under Chapter | 58191 |
| 3306. or 3317. of the Revised Code. | 58192 |
| Sec. 3333.04. The chancellor of the Ohio board of regents | 58193 |
| shall: | 58194 |
| (A) Make studies of state policy in the field of higher | 58195 |
| education and formulate a master plan for higher education for the | 58196 |
| state, considering the needs of the people, the needs of the | 58197 |
| state, and the role of individual public and private institutions | 58198 |
| within the state in fulfilling these needs; | 58199 |
| (B)(1) Report annually to the governor and the general | 58200 |
| assembly on the findings from the chancellor's studies and the | 58201 |
| master plan for higher education for the state; | 58202 |
| (2) Report at least semiannually to the general assembly and | 58203 |
| the governor the enrollment numbers at each state-assisted | 58204 |
| institution of higher education. | 58205 |
| (C) Approve or disapprove the establishment of new branches | 58206 |
| or academic centers of state colleges and universities; | 58207 |
| (D) Approve or disapprove the establishment of state | 58208 |
| technical colleges or any other state institution of higher | 58209 |
| education; | 58210 |
| (E) Recommend the nature of the programs, undergraduate, | 58211 |
| graduate, professional, state-financed research, and public | 58212 |
| services which should be offered by the state colleges, | 58213 |
| universities, and other state-assisted institutions of higher | 58214 |
| education in order to utilize to the best advantage their | 58215 |
| facilities and personnel; | 58216 |
| (F) Recommend to the state colleges, universities, and other | 58217 |
| state-assisted institutions of higher education graduate or | 58218 |
| professional programs, including, but not limited to, doctor of | 58219 |
| philosophy, doctor of education, and juris doctor programs, that | 58220 |
| could be eliminated because they constitute unnecessary | 58221 |
| duplication, as shall be determined using the process developed | 58222 |
| pursuant to this division, or for other good and sufficient cause. | 58223 |
| Prior to recommending a program for elimination, the chancellor | 58224 |
| shall request the board of regents to hold at least one public | 58225 |
| hearing on the matter and advise the chancellor on whether the | 58226 |
| program should be recommended for elimination. The board shall | 58227 |
| provide notice of each hearing within a reasonable amount of time | 58228 |
| prior to its scheduled date. Following the hearing, the board | 58229 |
| shall issue a recommendation to the chancellor. The chancellor | 58230 |
| shall consider the board's recommendation but shall not be | 58231 |
| required to accept it. | 58232 |
| For purposes of determining the amounts of any state | 58233 |
| instructional subsidies paid to state colleges, universities, and | 58234 |
| other state-assisted institutions of higher education, the | 58235 |
| chancellor may exclude students enrolled in any program that the | 58236 |
| chancellor has recommended for elimination pursuant to this | 58237 |
| division except that the chancellor shall not exclude any such | 58238 |
| student who enrolled in the program prior to the date on which the | 58239 |
| chancellor initially commences to exclude students under this | 58240 |
| division. | 58241 |
| The chancellor and state colleges, universities, and other | 58242 |
| state-assisted institutions of higher education shall jointly | 58243 |
| develop a process for determining which existing graduate or | 58244 |
| professional programs constitute unnecessary duplication. | 58245 |
| (G) Recommend to the state colleges, universities, and other | 58246 |
| state-assisted institutions of higher education programs which | 58247 |
| should be added to their present programs; | 58248 |
| (H) Conduct studies for the state colleges, universities, and | 58249 |
| other state-assisted institutions of higher education to assist | 58250 |
| them in making the best and most efficient use of their existing | 58251 |
| facilities and personnel; | 58252 |
| (I) Make recommendations to the governor and general assembly | 58253 |
| concerning the development of state-financed capital plans for | 58254 |
| higher education; the establishment of new state colleges, | 58255 |
| universities, and other state-assisted institutions of higher | 58256 |
| education; and the establishment of new programs at the existing | 58257 |
| state colleges, universities, and other institutions of higher | 58258 |
| education; | 58259 |
| (J) Review the appropriation requests of the public community | 58260 |
| colleges and the state colleges and universities and submit to the | 58261 |
| office of budget and management and to the chairpersons of the | 58262 |
| finance committees of the house of representatives and of the | 58263 |
| senate the chancellor's recommendations in regard to the biennial | 58264 |
| higher education appropriation for the state, including | 58265 |
| appropriations for the individual state colleges and universities | 58266 |
| and public community colleges. For the purpose of determining the | 58267 |
| amounts of instructional subsidies to be paid to state-assisted | 58268 |
| colleges and universities, the chancellor shall define "full-time | 58269 |
| equivalent student" by program per academic year. The definition | 58270 |
| may take into account the establishment of minimum enrollment | 58271 |
| levels in technical education programs below which support | 58272 |
| allowances will not be paid. Except as otherwise provided in this | 58273 |
| section, the chancellor shall make no change in the definition of | 58274 |
| "full-time equivalent student" in effect on November 15, 1981, | 58275 |
| which would increase or decrease the number of subsidy-eligible | 58276 |
| full-time equivalent students, without first submitting a fiscal | 58277 |
| impact statement to the president of the senate, the speaker of | 58278 |
| the house of representatives, the legislative service commission, | 58279 |
| and the director of budget and management. The chancellor shall | 58280 |
| work in close cooperation with the director of budget and | 58281 |
| management in this respect and in all other matters concerning the | 58282 |
| expenditures of appropriated funds by state colleges, | 58283 |
| universities, and other institutions of higher education. | 58284 |
| (K) Seek the cooperation and advice of the officers and | 58285 |
| trustees of both public and private colleges, universities, and | 58286 |
| other institutions of higher education in the state in performing | 58287 |
| the chancellor's duties and making the chancellor's plans, | 58288 |
| studies, and recommendations; | 58289 |
| (L) Appoint advisory committees consisting of persons | 58290 |
| associated with public or private secondary schools, members of | 58291 |
| the state board of education, or personnel of the state department | 58292 |
| of education; | 58293 |
| (M) Appoint advisory committees consisting of college and | 58294 |
| university personnel, or other persons knowledgeable in the field | 58295 |
| of higher education, or both, in order to obtain their advice and | 58296 |
| assistance in defining and suggesting solutions for the problems | 58297 |
| and needs of higher education in this state; | 58298 |
| (N) Approve or disapprove all new degrees and new degree | 58299 |
| programs at all state colleges, universities, and other | 58300 |
| state-assisted institutions of higher education; | 58301 |
| (O) Adopt such rules as are necessary to carry out the | 58302 |
| chancellor's duties and responsibilities. The rules shall | 58303 |
| prescribe procedures for the chancellor to follow when taking | 58304 |
| actions associated with the chancellor's duties and | 58305 |
| responsibilities and shall indicate which types of actions are | 58306 |
| subject to those procedures. The procedures adopted under this | 58307 |
| division shall be in addition to any other procedures prescribed | 58308 |
| by law for such actions. However, if any other provision of the | 58309 |
| Revised Code or rule adopted by the chancellor prescribes | 58310 |
| different procedures for such an action, the procedures adopted | 58311 |
| under this division shall not apply to that action to the extent | 58312 |
| they conflict with the procedures otherwise prescribed by law. The | 58313 |
| procedures adopted under this division shall include at least the | 58314 |
| following: | 58315 |
| (1) Provision for public notice of the proposed action; | 58316 |
| (2) An opportunity for public comment on the proposed action, | 58317 |
| which may include a public hearing on the action by the board of | 58318 |
| regents; | 58319 |
| (3) Methods for parties that may be affected by the proposed | 58320 |
| action to submit comments during the public comment period; | 58321 |
| (4) Submission of recommendations from the board of regents | 58322 |
| regarding the proposed action, at the request of the chancellor; | 58323 |
| (5) Written publication of the final action taken by the | 58324 |
| chancellor and the chancellor's rationale for the action; | 58325 |
| (6) A timeline for the process described in divisions (O)(1) | 58326 |
| to (5) of this section. | 58327 |
| (P) Establish and submit to the governor and the general | 58328 |
| assembly a clear and measurable set of goals and timetables for | 58329 |
| their achievement for each program under the chancellor's | 58330 |
| supervision that is designed to accomplish any of the following: | 58331 |
| (1) Increased access to higher education; | 58332 |
| (2) Job training; | 58333 |
| (3) Adult literacy; | 58334 |
| (4) Research; | 58335 |
| (5) Excellence in higher education; | 58336 |
| (6) Reduction in the number of graduate programs within the | 58337 |
| same subject area. | 58338 |
| In July of each odd-numbered year, the chancellor shall | 58339 |
| submit to the governor and the general assembly a report on | 58340 |
| progress made toward these goals. | 58341 |
| (Q) Make recommendations to the governor and the general | 58342 |
| assembly regarding the design and funding of the student financial | 58343 |
| aid programs specified in sections 3333.12, 3333.122, 3333.21 to | 58344 |
| 58345 |
| (R) Participate in education-related state or federal | 58346 |
| programs on behalf of the state and assume responsibility for the | 58347 |
| administration of such programs in accordance with applicable | 58348 |
| state or federal law; | 58349 |
| (S) Adopt rules for student financial aid programs as | 58350 |
|
required by sections 3333.12, 3333.122, 3333.21 to
| 58351 |
| 3333.26, 3333.28, and 5910.02 of the Revised Code, and perform | 58352 |
| any other administrative functions assigned to the chancellor by | 58353 |
| those sections; | 58354 |
| (T) Conduct enrollment audits of state-supported | 58355 |
| institutions of higher education; | 58356 |
| (U) Appoint consortia of college and university personnel | 58357 |
| to advise or participate in the development and operation of | 58358 |
| statewide collaborative efforts, including the Ohio supercomputer | 58359 |
| center, the Ohio academic resources network, OhioLink, and the | 58360 |
| Ohio learning network. For each consortium, the chancellor shall | 58361 |
| designate a college or university to serve as that consortium's | 58362 |
| fiscal agent, financial officer, and employer. Any funds | 58363 |
| appropriated for the consortia shall be distributed to the | 58364 |
| fiscal agents for the operation of the consortia. A consortium | 58365 |
| shall follow the rules of the college or university that serves | 58366 |
| as its fiscal agent. The chancellor may restructure existing | 58367 |
| consortia, appointed under this division, in accordance with | 58368 |
| procedures adopted under divisions (D)(1) to (6) of this section. | 58369 |
| (V) Adopt rules establishing advisory duties and | 58370 |
| responsibilities of the board of regents not otherwise prescribed | 58371 |
| by law; | 58372 |
| (W) Respond to requests for information about higher | 58373 |
| education from members of the general assembly and direct staff to | 58374 |
| conduct research or analysis as needed for this purpose. | 58375 |
| Sec. 3333.048. (A) Not later than one year after the | 58376 |
| effective date of this section, the chancellor of the Ohio board | 58377 |
| of regents and the superintendent of public instruction jointly | 58378 |
| shall do the following: | 58379 |
| (1) In accordance with Chapter 119. of the Revised Code, | 58380 |
| establish metrics and educator preparation programs for the | 58381 |
| preparation of educators and other school personnel and the | 58382 |
| institutions of higher education that are engaged in their | 58383 |
| preparation. The metrics and educator preparation programs shall | 58384 |
| be aligned with the standards and qualifications for educator | 58385 |
| licenses adopted by the state board of education under section | 58386 |
| 3319.22 of the Revised Code and the requirements of the Ohio | 58387 |
| teacher residency program established under section 3319.223 of | 58388 |
| the Revised Code. The metrics and educator preparation programs | 58389 |
| also shall ensure that educators and other school personnel are | 58390 |
| adequately prepared to use the value-added progress dimension | 58391 |
| prescribed by section 3302.021 of the Revised Code. | 58392 |
| (2) Provide for the inspection of institutions of higher | 58393 |
| education desiring to prepare educators and other school | 58394 |
| personnel. | 58395 |
| (B) Not later than one year after the effective date of this | 58396 |
| section, the chancellor shall approve institutions of higher | 58397 |
| education engaged in the preparation of educators and other school | 58398 |
| personnel that maintain satisfactory training procedures and | 58399 |
| records of performance, as determined by the chancellor. | 58400 |
| (C) If the metrics established under division (A)(1) of this | 58401 |
| section require an institution of higher education that prepares | 58402 |
| teachers to satisfy the standards of an independent accreditation | 58403 |
| organization, the chancellor shall permit each institution to | 58404 |
| satisfy the standards of either the national council for | 58405 |
| accreditation of teacher education or the teacher education | 58406 |
| accreditation council. | 58407 |
| (D) The metrics and educator preparation programs established | 58408 |
| under division (A)(1) of this section may require an institution | 58409 |
| of higher education, as a condition of approval by the | 58410 |
| chancellor, to make changes in the curricula of its preparation | 58411 |
| programs for educators and other school personnel. | 58412 |
| Notwithstanding division (D) of section 119.03 and division | 58413 |
| (A)(1) of section 119.04 of the Revised Code, any metrics, | 58414 |
| educator preparation programs, rules, and regulations, or any | 58415 |
| amendment or rescission of such metrics, educator preparation | 58416 |
| programs, rules, and regulations, adopted under this section that | 58417 |
| necessitate institutions offering preparation programs for | 58418 |
| educators and other school personnel approved by the chancellor | 58419 |
| to revise the curricula of those programs shall not be effective | 58420 |
| for at least one year after the first day of January next | 58421 |
| succeeding the publication of the said change. | 58422 |
| Each institution shall allocate money from its existing | 58423 |
| appropriations to pay the cost of making the curricular changes. | 58424 |
| (E) The chancellor shall notify the state board of the | 58425 |
| metrics and educator preparation programs established under | 58426 |
| division (A)(1) of this section and the institutions of higher | 58427 |
| education approved under division (B) of this section. The state | 58428 |
| board shall publish the metrics, educator preparation programs, | 58429 |
| and approved institutions with the standards and qualifications | 58430 |
| for each type of educator license. | 58431 |
| (F) The graduates of institutions of higher education | 58432 |
| approved by the chancellor shall be licensed by the state board in | 58433 |
| accordance with the standards and qualifications adopted under | 58434 |
| section 3319.22 of the Revised Code. | 58435 |
| | 58436 |
| chancellor of the Ohio board of regents, in collaboration with the | 58437 |
| 58438 | |
| annual report on the quality of institutions approved for the | 58439 |
|
preparation of teachers pursuant to section | 58440 |
|
the Revised Code. The | 58441 |
|
report in collaboration with the state board | 58442 |
| teacher quality partnership and shall use data collected by the | 58443 |
| partnership and other educational agencies as the basis for the | 58444 |
| information contained in the report. The report shall include at | 58445 |
| least the following information: | 58446 |
| (A) Identification of best practices in the preparation of | 58447 |
| teachers drawn from research conducted by the teacher quality | 58448 |
| partnership and other regional and national educational research | 58449 |
| efforts; | 58450 |
| (B) A plan for implementing best practices in approved | 58451 |
| teacher preparation institutions; | 58452 |
| (C) The number of graduates of approved teacher preparation | 58453 |
| institutions who graduated with a subject area specialty and teach | 58454 |
| grades seven through twelve. The number shall be disaggregated | 58455 |
| according to the subject areas of mathematics, science, foreign | 58456 |
| language, special education and related services, and any other | 58457 |
|
subject area determined by the | 58458 |
| (D) A plan to be implemented by the teacher preparation | 58459 |
|
programs approved by the | 58460 |
| 58461 | |
| classroom teachers in science, mathematics, and foreign language | 58462 |
| toward meeting the identified needs for teachers in those subject | 58463 |
| areas throughout the state but especially in hard-to-staff | 58464 |
| schools. | 58465 |
| The | 58466 |
| governor, the speaker and minority leader of the house of | 58467 |
| representatives, the president and minority leader of the senate, | 58468 |
| the chairpersons and ranking minority members of the standing | 58469 |
| committees of the house of representatives and the senate that | 58470 |
|
consider education legislation, and the | 58471 |
|
board | 58472 |
| Sec. 3333.122. (A) | 58473 |
| | 58474 |
| | 58475 |
| 58476 |
| | 58477 |
| 58478 | |
| 58479 |
| | 58480 |
| 58481 | |
| 58482 | |
| 58483 | |
| 58484 | |
| 58485 | |
| 58486 | |
| 58487 | |
| 58488 | |
| 58489 | |
| 58490 | |
| 58491 | |
| 58492 | |
| 58493 |
| | 58494 |
| 58495 | |
| 58496 | |
| 58497 |
| | 58498 |
| 58499 | |
| 58500 | |
| 58501 |
| | 58502 |
| 58503 | |
| 58504 |
| | 58505 |
| 58506 | |
| 58507 | |
| 58508 | |
| 58509 | |
| 58510 | |
| 58511 |
| | 58512 |
| 58513 | |
| 58514 | |
| 58515 | |
| 58516 |
| | 58517 |
| 58518 | |
| 58519 | |
| 58520 |
| | 58521 |
| 58522 | |
| 58523 | |
| 58524 | |
| 58525 | |
| 58526 |
| | 58527 |
| shall adopt rules to carry out this section and as authorized | 58528 |
| under section 3333.123 of the Revised Code. The rules shall | 58529 |
| include definitions of the terms "resident," "expected family | 58530 |
|
contribution | 58531 |
| student," "half-time student," "one-quarter-time student," "state | 58532 |
|
cost of attendance," and
"accredited" | 58533 |
| 58534 | |
| purpose of those sections. | 58535 |
| (B)(1) Only an Ohio resident who meets both of the following | 58536 |
| is eligible for a grant awarded under this division: | 58537 |
| (a) The resident has an expected family contribution of two | 58538 |
| thousand one hundred ninety or less; | 58539 |
| (b) The resident enrolls in an undergraduate program or in a | 58540 |
| nursing diploma program approved by the board of nursing under | 58541 |
| division (A)(5) of section 4723.06 of the Revised Code, at a | 58542 |
| state-assisted state institution of higher education, as defined | 58543 |
| in section 3345.12 of the Revised Code, that meets the | 58544 |
| requirements of Title VI of the Civil Rights Act of 1964. | 58545 |
| (2) The chancellor shall establish and administer a | 58546 |
| needs-based financial aid grants program based on the United | 58547 |
| States department of education's method of determining financial | 58548 |
|
need | 58549 |
| shall be known as the Ohio college opportunity grant program. The | 58550 |
| general assembly shall support the needs-based financial aid | 58551 |
| program by such sums and in such manner as it may provide, but | 58552 |
|
the chancellor
also may | 58553 |
| support the program. If, for any academic year, the amounts | 58554 |
| available for support of the program are inadequate to provide | 58555 |
| grants to all eligible students, the chancellor shall do one of | 58556 |
| the following: | 58557 |
| (a) Give preference in the
payment of grants | 58558 |
| 58559 | |
| with the lowest expected family contribution category and | 58560 |
| proceeding upward by category to the highest expected family | 58561 |
| contribution category; | 58562 |
| (b) Proportionately reduce the amount of each grant to be | 58563 |
| awarded for the academic year under division (B) of this section; | 58564 |
| (c) Use an alternate formula for such grants that addresses | 58565 |
| the shortage of available funds and has been submitted to and | 58566 |
| approved by the controlling board. | 58567 |
| | 58568 |
| the eligible student through the institution in which the student | 58569 |
| is enrolled, except that no needs-based financial aid grant shall | 58570 |
| be paid to any person serving a term of imprisonment. | 58571 |
|
Applications
for
| 58572 |
| the chancellor, and such applications may be made in conjunction | 58573 |
| with and upon the basis of information provided in conjunction | 58574 |
| with student assistance programs funded by agencies of the United | 58575 |
| States government or from financial resources of the institution | 58576 |
| of higher education. The institution shall certify that the | 58577 |
|
student
applicant meets the requirements set forth in
| 58578 |
| 58579 | |
| financial aid grants shall be provided to an eligible student | 58580 |
| only as long as the student is making appropriate progress toward | 58581 |
| a nursing diploma or an associate or bachelor's degree. No | 58582 |
| student shall be eligible to receive a grant for more than ten | 58583 |
| semesters, fifteen quarters, or the equivalent of five academic | 58584 |
| years. A grant made to an eligible student on the basis of less | 58585 |
| than full-time enrollment shall be based on the number of credit | 58586 |
| hours for which the student is enrolled and shall be computed in | 58587 |
| accordance with a formula adopted by rule issued by the | 58588 |
| chancellor. No student shall receive more than one grant on the | 58589 |
| basis of less than full-time enrollment. | 58590 |
| | 58591 |
| 58592 |
| | 58593 |
| 58594 | |
| 58595 | |
| 58596 | |
| 58597 |
| | 58598 |
| | 58599 |
| 58600 | |
| 58601 |
| | 58602 |
| 58603 | |
| 58604 | |
| 58605 | |
| 58606 |
| | 58607 |
| 58608 |
| 58609 | |
| 58610 | |||||||||||
| 58611 | |||||||||||
| 58612 | |||||||||||
| 58613 | |||||||||||
| 58614 | |||||||||||
| 58615 | |||||||||||
| 58616 | |||||||||||
| 58617 | |||||||||||
| 58618 | |||||||||||
| 58619 | |||||||||||
| 58620 | |||||||||||
| 58621 | |||||||||||
| 58622 | |||||||||||
| 58623 | |||||||||||
| 58624 | |||||||||||
| 58625 | |||||||||||
| 58626 | |||||||||||
| 58627 | |||||||||||
| 58628 | |||||||||||
| 58629 | |||||||||||
| 58630 | |||||||||||
| 58631 | |||||||||||
| 58632 | |||||||||||
| 58633 |
| | 58634 |
| 58635 |
| 58636 | |
| 58637 | |||||||||||
| 58638 | |||||||||||
| 58639 | |||||||||||
| 58640 | |||||||||||
| 58641 | |||||||||||
| 58642 | |||||||||||
| 58643 | |||||||||||
| 58644 | |||||||||||
| 58645 | |||||||||||
| 58646 | |||||||||||
| 58647 | |||||||||||
| 58648 | |||||||||||
| 58649 | |||||||||||
| 58650 | |||||||||||
| 58651 | |||||||||||
| 58652 | |||||||||||
| 58653 | |||||||||||
| 58654 | |||||||||||
| 58655 | |||||||||||
| 58656 | |||||||||||
| 58657 | |||||||||||
| 58658 | |||||||||||
| 58659 | |||||||||||
| 58660 |
| | 58661 |
| 58662 |
| 58663 | |
| 58664 | |||||||||||
| 58665 | |||||||||||
| 58666 | |||||||||||
| 58667 | |||||||||||
| 58668 | |||||||||||
| 58669 | |||||||||||
| 58670 | |||||||||||
| 58671 | |||||||||||
| 58672 | |||||||||||
| 58673 | |||||||||||
| 58674 | |||||||||||
| 58675 | |||||||||||
| 58676 | |||||||||||
| 58677 | |||||||||||
| 58678 | |||||||||||
| 58679 | |||||||||||
| 58680 | |||||||||||
| 58681 | |||||||||||
| 58682 | |||||||||||
| 58683 | |||||||||||
| 58684 | |||||||||||
| 58685 | |||||||||||
| 58686 | |||||||||||
| 58687 |
| | 58688 |
| 58689 |
| 58690 | |
| 58691 | |||||||||||
| 58692 | |||||||||||
| 58693 | |||||||||||
| 58694 | |||||||||||
| 58695 | |||||||||||
| 58696 | |||||||||||
| 58697 | |||||||||||
| 58698 | |||||||||||
| 58699 | |||||||||||
| 58700 | |||||||||||
| 58701 | |||||||||||
| 58702 | |||||||||||
| 58703 | |||||||||||
| 58704 | |||||||||||
| 58705 | |||||||||||
| 58706 | |||||||||||
| 58707 | |||||||||||
| 58708 | |||||||||||
| 58709 | |||||||||||
| 58710 | |||||||||||
| 58711 | |||||||||||
| 58712 | |||||||||||
| 58713 | |||||||||||
| 58714 |
| | 58715 |
| section, no grant awarded under division (B) of this section | 58716 |
| shall exceed the total state cost of attendance. | 58717 |
| (b) Subject to divisions (B)(4)(a), (c), and (d) of this | 58718 |
| section, the amount of a grant awarded to a student under | 58719 |
| division (B) of this section shall equal the student's remaining | 58720 |
| state cost of attendance after the student's Pell grant and | 58721 |
| expected family contribution are applied to the instructional and | 58722 |
| general charges for the undergraduate program. However, for | 58723 |
| students enrolled in a state university or college as defined in | 58724 |
| section 3345.12 of the Revised Code or a university branch, the | 58725 |
| chancellor may provide that the grant amount shall equal the | 58726 |
| student's remaining instructional and general charges for the | 58727 |
| undergraduate program after the student's Pell grant and expected | 58728 |
| family contribution have been applied to those charges, but, in | 58729 |
| no case, shall the grant amount for such a student exceed any | 58730 |
| maximum that the chancellor may set by rule. | 58731 |
| (c) For a | 58732 |
| 58733 | |
| section for a semester or quarter in addition to the portion of | 58734 |
|
the
academic year covered by a grant | 58735 |
| 58736 | |
|
percentage of the maximum
| 58737 |
| any table | 58738 |
| chancellor as provided in division (A) of this section. The | 58739 |
| maximum grant for a fourth quarter shall be one-third of the | 58740 |
|
maximum amount so prescribed | 58741 |
| grant for a third semester shall be one-half of the maximum amount | 58742 |
| so prescribed | 58743 |
| (d) If a student is enrolled in a two-year institution of | 58744 |
| higher education and is eligible for an education and training | 58745 |
| voucher through the Ohio education and training voucher program | 58746 |
| that receives federal funding under the John H. Chafee foster care | 58747 |
| independence program, 42 U.S.C. 677, the amount of a grant awarded | 58748 |
| under division (B) of this section may exceed the total state cost | 58749 |
| of attendance to additionally cover housing costs. | 58750 |
| | 58751 |
| to carry out a block grant program to provide money to support | 58752 |
| needs-based financial aid grants for Ohio resident students | 58753 |
| enrolled in nursing or undergraduate programs of nonprofit | 58754 |
| private institutions in this state holding certificates of | 58755 |
| authorization pursuant to Chapter 1713. of the Revised Code. The | 58756 |
| chancellor shall establish by rule and administer a separate | 58757 |
| block grant program to provide money for such grants to Ohio | 58758 |
| resident students enrolled in nursing or undergraduate programs | 58759 |
| of career colleges in this state that hold certificates of | 58760 |
| registration from the state board of career colleges and schools | 58761 |
| or are exempt from regulation under Chapter 3332. of the Revised | 58762 |
| Code as prescribed in section 3333.046 of the Revised Code and | 58763 |
| hold certificates of authorization pursuant to Chapter 1713. of | 58764 |
| the Revised Code. The former shall be known as the private | 58765 |
| higher education needs-based financial aid block grant program | 58766 |
| and the latter, the career college needs-based financial aid | 58767 |
| block grant program. The general assembly shall support these | 58768 |
| programs in such sums and in such manner as it may provide, but | 58769 |
| the chancellor also may receive funds from other sources to | 58770 |
| support the programs. | 58771 |
| (2) The chancellor by rule shall determine the eligibility of | 58772 |
| the nonprofit private institutions and career colleges for, the | 58773 |
| terms and conditions of, and the manner of distributing, grants | 58774 |
| under each program, as well as determine the needs-based standard | 58775 |
| that shall apply to grants awarded to students under each program. | 58776 |
| The rules shall include a requirement that, on the financial aid | 58777 |
| statement that it shall provide to each student aid recipient, a | 58778 |
| nonprofit private institution or career college receiving a grant | 58779 |
| under this division must note that a portion of the student's | 58780 |
| award is from the state of Ohio. | 58781 |
| (D) No grant shall be made pursuant to division (B) or (C) of | 58782 |
| this section to any student in a course of study in theology, | 58783 |
| religion, or other field of preparation for a religious profession | 58784 |
| unless such course of study leads to an accredited bachelor of | 58785 |
| arts, bachelor of science, associate of arts, or associate of | 58786 |
| science degree. | 58787 |
| | 58788 |
|
section,
no grant shall be made to any student | 58789 |
| 58790 | |
| the state institution of higher education under that division has, | 58791 |
| and no grant shall be made to a nonprofit private institution or | 58792 |
| career college under division (C) of this section if the | 58793 |
|
institution | 58794 |
| by the United States secretary of education pursuant to the | 58795 |
| "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, 20 | 58796 |
| U.S.C.A. 1085, as amended, as of the fifteenth day of June | 58797 |
| preceding the fiscal year, equal to or greater than thirty per | 58798 |
| cent for each of the preceding two fiscal years. | 58799 |
| (2) Division | 58800 |
| the case of either of the following: | 58801 |
| (a) | 58802 |
| 58803 | |
| loss of eligibility for federal financial aid and the United | 58804 |
| States secretary of education determines its cohort default rate | 58805 |
| after recalculation is lower than the rate specified in division | 58806 |
| 58807 | |
| mitigating circumstances that the institution or college may | 58808 |
| continue to participate in federal financial aid programs. The | 58809 |
|
chancellor
shall adopt rules requiring | 58810 |
| appellant to provide information to the chancellor regarding an | 58811 |
|
appeal | 58812 |
| (b) Any student who has previously received a grant | 58813 |
| pursuant to any provision of this section, including prior to the | 58814 |
| section's amendment by H.B. 1 of the 128th general assembly, and | 58815 |
|
who meets all other eligibility requirements | 58816 |
| the respective grant under division (B) or (C) of this section. | 58817 |
| (3) The chancellor shall adopt rules for the notification of | 58818 |
| all institutions or colleges whose students will be ineligible to | 58819 |
|
participate
in
the grant program pursuant to division
| 58820 |
| of this section. | 58821 |
| (4) A student's attendance at | 58822 |
|
whose
students
| 58823 |
| due to division | 58824 |
| student's eligibility to receive a grant when enrolled in another | 58825 |
| institution or college. | 58826 |
| | 58827 |
|
university or state institution of higher education that | 58828 |
| enrolls students receiving needs-based financial aid grants under | 58829 |
| division (B) of this section shall report to the chancellor all | 58830 |
| students who have received such needs-based financial aid grants | 58831 |
|
but
are no longer eligible for
all or part of | 58832 |
| and shall refund any moneys due the state within thirty days | 58833 |
| after the beginning of the quarter or term immediately following | 58834 |
| the quarter or term in which the student was no longer eligible | 58835 |
| to receive all or part of the student's grant. There shall be an | 58836 |
| interest charge of one per cent per month on all moneys due and | 58837 |
| payable after such thirty-day period. The chancellor shall | 58838 |
| immediately notify the office of budget and management and the | 58839 |
| legislative service commission of all refunds so received. | 58840 |
| (2) A nonprofit private institution or career college that | 58841 |
| receives a grant under division (C) of this section shall report | 58842 |
| to the chancellor all students who have received a portion of | 58843 |
| that award and shall report the amount of its award not | 58844 |
| distributed to students. That amount shall be deducted from the | 58845 |
| next such grant amount received by the institution or college. | 58846 |
| Sec. 3333.123. (A) As used in this section: | 58847 |
| (1) "The Ohio college opportunity grant program" means the | 58848 |
| program established under section 3333.122 of the Revised Code. | 58849 |
| (2) "Rules for the Ohio college opportunity grant program" | 58850 |
| means the rules authorized in division (S) of section 3333.04 of | 58851 |
| the Revised Code for the implementation of the program. | 58852 |
| (B) In adopting rules for the Ohio college opportunity grant | 58853 |
| program, the chancellor of the Ohio board of regents may include | 58854 |
| provisions that give preferential or priority funding to | 58855 |
| low-income students who in their primary and secondary school work | 58856 |
| participate in or complete rigorous academic coursework, attain | 58857 |
|
passing scores on the | 58858 |
| 3301.0710 of the Revised Code, or meet other high academic | 58859 |
| performance standards determined by the chancellor to reduce the | 58860 |
| need for remediation and ensure academic success at the | 58861 |
| postsecondary education level. Any such rules shall include a | 58862 |
| specification of procedures needed to certify student achievement | 58863 |
| of primary and secondary standards as well as the timeline for | 58864 |
| implementation of the provisions authorized by this section. | 58865 |
| Sec. 3333.16. As used in this section "state institution of | 58866 |
| higher education" means an institution of higher education as | 58867 |
| defined in section 3345.12 of the Revised Code. | 58868 |
| (A) The chancellor of the Ohio board of regents shall do all | 58869 |
| of the following: | 58870 |
| (1) Establish policies and procedures applicable to all state | 58871 |
| institutions of higher education that ensure that students can | 58872 |
| begin higher education at any state institution of higher | 58873 |
| education and transfer coursework and degrees to any other state | 58874 |
| institution of higher education without unnecessary duplication or | 58875 |
| institutional barriers. The purpose of this requirement is to | 58876 |
| allow students to attain their highest educational aspirations in | 58877 |
| the most efficient and effective manner for the students and the | 58878 |
| state. These policies and procedures shall require state | 58879 |
| institutions of higher education to make changes or modifications, | 58880 |
| as needed, to strengthen course content so as to ensure | 58881 |
| equivalency for that course at any state institution of higher | 58882 |
| education. | 58883 |
| (2) Develop and implement a universal course equivalency | 58884 |
| classification system for state institutions of higher education | 58885 |
| so that the transfer of students and the transfer and articulation | 58886 |
| of equivalent courses or specified learning modules or units | 58887 |
| completed by students are not inhibited by inconsistent judgment | 58888 |
| about the application of transfer credits. Coursework completed | 58889 |
| within such a system at one state institution of higher education | 58890 |
| and transferred to another institution shall be applied to the | 58891 |
| student's degree objective in the same manner as equivalent | 58892 |
| coursework completed at the receiving institution. | 58893 |
| (3) Develop a system of transfer policies that ensure that | 58894 |
| graduates with associate degrees which include completion of | 58895 |
| approved transfer modules shall be admitted to a state institution | 58896 |
| of higher education, shall be able to compete for admission to | 58897 |
| specific programs on the same basis as students native to the | 58898 |
| institution, and shall have priority over out-of-state associate | 58899 |
| degree graduates and transfer students. To assist a student in | 58900 |
| advising and transferring, all state institutions of higher | 58901 |
|
education shall fully implement the | 58902 |
| information system for advising and transferring selected by, | 58903 |
| contracted for, or developed by the chancellor. | 58904 |
| (4) Examine the feasibility of developing a transfer | 58905 |
| marketing agenda that includes materials and interactive | 58906 |
| technology to inform the citizens of Ohio about the availability | 58907 |
| of transfer options at state institutions of higher education and | 58908 |
| to encourage adults to return to colleges and universities for | 58909 |
| additional education; | 58910 |
| (5) Study, in consultation with the state board of career | 58911 |
| colleges and schools, and in light of existing criteria and any | 58912 |
| other criteria developed by the articulation and transfer advisory | 58913 |
| council, the feasibility of credit recognition and transferability | 58914 |
| to state institutions of higher education for graduates who have | 58915 |
| received associate degrees from a career college or school with a | 58916 |
| certificate of registration from the state board of career | 58917 |
| colleges and schools under Chapter 3332. of the Revised Code. | 58918 |
| (B) All provisions of the existing articulation and transfer | 58919 |
| policy developed by the Ohio board of regents shall remain in | 58920 |
| effect except where amended by this section. | 58921 |
| Sec. 3333.28. (A) The chancellor of the Ohio board of | 58922 |
| regents shall establish the nurse education assistance program, | 58923 |
| the purpose of which shall be to make loans to students enrolled | 58924 |
| in prelicensure nurse education programs at institutions approved | 58925 |
| by the board of nursing under section 4723.06 of the Revised Code | 58926 |
| and postlicensure nurse education programs approved by the | 58927 |
| chancellor under section 3333.04 of the Revised Code or offered by | 58928 |
| an institution holding a certificate of authorization issued under | 58929 |
| Chapter 1713. of the Revised Code. The board of nursing shall | 58930 |
| assist the chancellor in administering the program. | 58931 |
| (B) There is hereby created in the state treasury the nurse | 58932 |
| education assistance fund, which shall consist of all money | 58933 |
| transferred to it pursuant to section 4743.05 of the Revised Code. | 58934 |
| The fund shall be used by the chancellor for loans made under | 58935 |
| division (A) of this section and for expenses of administering the | 58936 |
| loan program. | 58937 |
| (C) Between July 1, 2005, and January 1, 2012, the chancellor | 58938 |
| shall distribute money in the nurse education assistance fund in | 58939 |
| the following manner: | 58940 |
| (1)(a) Fifty per cent of available funds shall be awarded as | 58941 |
| loans to registered nurses enrolled in postlicensure nurse | 58942 |
| education programs described in division (A) of this section. To | 58943 |
| be eligible for a loan, the applicant shall provide the chancellor | 58944 |
| with a letter of intent to practice as a faculty member at a | 58945 |
| prelicensure or postlicensure program for nursing in this state | 58946 |
| upon completion of the applicant's academic program. | 58947 |
| (b) If the borrower of a loan under division (C)(1)(a) of | 58948 |
| this section secures employment as a faculty member of an approved | 58949 |
| nursing education program in this state within six months | 58950 |
| following graduation from an approved nurse education program, the | 58951 |
| chancellor may forgive the principal and interest of the student's | 58952 |
| loans received under division (C)(1)(a) of this section at a rate | 58953 |
| of twenty-five per cent per year, for a maximum of four years, for | 58954 |
| each year in which the borrower is so employed. A deferment of the | 58955 |
| service obligation, and other conditions regarding the forgiveness | 58956 |
| of loans may be granted as provided by the rules adopted under | 58957 |
| division (D)(7) of this section. | 58958 |
| (c) Loans awarded under division (C)(1)(a) of this section | 58959 |
| shall be awarded on the basis of the student's expected family | 58960 |
| contribution, with preference given to those applicants with the | 58961 |
| lowest expected family contribution. However, the chancellor may | 58962 |
| consider other factors the chancellor determines relevant in | 58963 |
| ranking the applications. | 58964 |
| (d) Each loan awarded to a student under division (C)(1)(a) | 58965 |
| of this section shall be not less than five thousand dollars per | 58966 |
| year. | 58967 |
| (2) Twenty-five per cent of available funds shall be awarded | 58968 |
| to students enrolled in prelicensure nurse education programs for | 58969 |
| registered nurses, as defined in section 4723.01 of the Revised | 58970 |
| Code. | 58971 |
| (3) Twenty-five per cent of available funds shall be awarded | 58972 |
|
to students enrolled in | 58973 |
|
programs | 58974 |
| 58975 | |
| preference given to programs aimed at increasing enrollment in an | 58976 |
| area of need. | 58977 |
| After January 1, 2012, the chancellor shall determine the | 58978 |
| manner in which to distribute loans under this section. | 58979 |
| (D) Subject to the requirements specified in division (C) of | 58980 |
| this section, the chancellor shall adopt rules in accordance with | 58981 |
| Chapter 119. of the Revised Code establishing: | 58982 |
| (1) Eligibility criteria for receipt of a loan; | 58983 |
| (2) Loan application procedures; | 58984 |
| (3) The amounts in which loans may be made and the total | 58985 |
| amount that may be loaned to an individual; | 58986 |
| (4) The total amount of loans that can be made each year; | 58987 |
| (5) The percentage of the money in the fund that must remain | 58988 |
| in the fund at all times as a fund balance; | 58989 |
| (6) Interest and principal repayment schedules; | 58990 |
| (7) Conditions under which a portion of principal and | 58991 |
| interest obligations incurred by an individual under the program | 58992 |
| will be forgiven; | 58993 |
| (8) Ways that the program may be used to encourage | 58994 |
| individuals who are members of minority groups to enter the | 58995 |
| nursing profession; | 58996 |
| (9) Any other matters incidental to the operation of the | 58997 |
| program. | 58998 |
| (E) The obligation to repay a portion of the principal and | 58999 |
| interest on a loan made under this section shall be forgiven if | 59000 |
| the recipient of the loan meets the criteria for forgiveness | 59001 |
| established by division (C)(1)(b) of this section, in the case of | 59002 |
| loans awarded under division (C)(1)(a) of this section, or by the | 59003 |
| chancellor under the rule adopted under division (D)(7) of this | 59004 |
| section, in the case of other loans awarded under this section. | 59005 |
| (F) The receipt of a loan under this section shall not affect | 59006 |
| a student's eligibility for assistance, or the amount of that | 59007 |
| assistance, granted under section 3333.12, 3333.122, 3333.22, | 59008 |
|
3333.26,
| 59009 |
| Code, but the rules of the chancellor may provide for taking | 59010 |
| assistance received under those sections into consideration when | 59011 |
| determining a student's eligibility for a loan under this section. | 59012 |
| Sec. 3333.35. The state board of education and the | 59013 |
| chancellor of the Ohio board of regents shall strive to reduce | 59014 |
| unnecessary student remediation costs incurred by colleges and | 59015 |
| universities in this state, increase overall access for students | 59016 |
| to higher education, enhance the post-secondary enrollment options | 59017 |
| program in accordance with Chapter 3365. of the Revised Code, and | 59018 |
| enhance the alternative resident educator licensure program in | 59019 |
| accordance with section 3319.26 of the Revised Code. | 59020 |
| Sec. 3333.38. (A) As used in this section: | 59021 |
| (1) "Institution of higher education" includes all of the | 59022 |
| following: | 59023 |
| (a) A state institution of higher education, as defined in | 59024 |
| section 3345.011 of the Revised Code; | 59025 |
| (b) A nonprofit institution issued a certificate of | 59026 |
| authorization under Chapter 1713. of the Revised Code; | 59027 |
| (c) A private institution exempt from regulation under | 59028 |
| Chapter 3332. of the Revised Code, as prescribed in section | 59029 |
| 3333.046 of the Revised Code; | 59030 |
| (d) An institution of higher education with a certificate of | 59031 |
| registration from the state board of career colleges and schools | 59032 |
| under Chapter 3332. of the Revised Code. | 59033 |
| (2) "Student financial assistance supported by state funds" | 59034 |
| includes assistance granted under sections 3315.33, 3333.12, | 59035 |
|
3333.122, 3333.21, 3333.26, | 59036 |
| 5910.03, 5910.032, and 5919.34 of the Revised Code, financed by | 59037 |
| an award under the choose Ohio first scholarship program | 59038 |
| established under section 3333.61 of the Revised Code, or | 59039 |
| financed by an award under the Ohio co-op/internship program | 59040 |
| established under section 3333.72 of the Revised Code, and any | 59041 |
| other post-secondary student financial assistance supported by | 59042 |
| state funds. | 59043 |
| (B) An individual who is convicted of, pleads guilty to, or | 59044 |
| is adjudicated a delinquent child for one of the following | 59045 |
| violations shall be ineligible to receive any student financial | 59046 |
| assistance supported by state funds at an institution of higher | 59047 |
| education for two calendar years from the time the individual | 59048 |
| applies for assistance of that nature: | 59049 |
| (1) A violation of section 2917.02 or 2917.03 of the Revised | 59050 |
| Code; | 59051 |
| (2) A violation of section 2917.04 of the Revised Code that | 59052 |
| is a misdemeanor of the fourth degree; | 59053 |
| (3) A violation of section 2917.13 of the Revised Code that | 59054 |
| is a misdemeanor of the fourth or first degree and occurs within | 59055 |
| the proximate area where four or more others are acting in a | 59056 |
| course of conduct in violation of section 2917.11 of the Revised | 59057 |
| Code. | 59058 |
| (C) If an individual is convicted of, pleads guilty to, or is | 59059 |
| adjudicated a delinquent child for committing a violation of | 59060 |
| section 2917.02 or 2917.03 of the Revised Code, and if the | 59061 |
| individual is enrolled in a state-supported institution of higher | 59062 |
| education, the institution in which the individual is enrolled | 59063 |
| shall immediately dismiss the individual. No state-supported | 59064 |
| institution of higher education shall admit an individual of that | 59065 |
| nature for one academic year after the individual applies for | 59066 |
| admission to a state-supported institution of higher education. | 59067 |
| This division does not limit or affect the ability of a | 59068 |
| state-supported institution of higher education to suspend or | 59069 |
| otherwise discipline its students. | 59070 |
| Sec. 3333.39. The chancellor of the Ohio board of regents and | 59071 |
| the superintendent of public instruction shall establish and | 59072 |
| administer the teach Ohio program to promote and encourage | 59073 |
| citizens of this state to consider teaching as a profession. The | 59074 |
| program shall include all of the following: | 59075 |
| (A) A statewide program administered by a nonprofit | 59076 |
| corporation that has been in existence for at least fifteen years | 59077 |
| with demonstrated results in encouraging high school students from | 59078 |
| economically disadvantaged groups to enter the teaching | 59079 |
| profession. The chancellor and superintendent jointly shall select | 59080 |
| the nonprofit corporation. | 59081 |
| (B) The Ohio teaching fellows program established under | 59082 |
| sections 3333.391 and 3333.392 of the Revised Code; | 59083 |
| (C) The Ohio teacher residency program established under | 59084 |
| section 3319.223 of the Revised Code; | 59085 |
| (D) Alternative licensure procedures established under | 59086 |
| section 3319.26 of the Revised Code; | 59087 |
| (E) Any other program as identified by the chancellor and the | 59088 |
| superintendent. | 59089 |
| Sec. 3333.391. (A) As used in this section and in section | 59090 |
| 3333.392 of the Revised Code: | 59091 |
| (1) "Academic year" shall be as defined by the chancellor of | 59092 |
| the Ohio board of regents. | 59093 |
| (2) "Hard-to-staff school" and "hard-to-staff subject" shall | 59094 |
| be as defined by the department of education. | 59095 |
| (3) "Parent" means the parent, guardian, or custodian of a | 59096 |
| qualified student. | 59097 |
| (4) "Qualified service" means teaching at a qualifying | 59098 |
| school. | 59099 |
| (5) "Qualifying school" means a hard-to-staff school district | 59100 |
| building or a school district building that has a performance | 59101 |
| rating of academic watch or academic emergency under section | 59102 |
| 3302.03 of the Revised Code at the time the recipient becomes | 59103 |
| employed by the district. | 59104 |
| (B) The chancellor of the Ohio board of regents and the | 59105 |
| superintendent of public instruction jointly shall develop and | 59106 |
| agree on a plan for the Ohio teaching fellows program to promote | 59107 |
| and encourage high school seniors to enter and remain in the | 59108 |
| teaching profession. Upon agreement of such a plan, the chancellor | 59109 |
| shall establish and administer the program in conjunction with the | 59110 |
| superintendent and with the cooperation of teacher training | 59111 |
| institutions. Under the program, the chancellor annually shall | 59112 |
| provide scholarships to students who commit to teaching in a | 59113 |
| qualifying school for a minimum of four years upon graduation from | 59114 |
| a teacher training program at a state institution of higher | 59115 |
| education or an Ohio nonprofit institution of higher education | 59116 |
| that has a certificate of authorization under Chapter 1713. of the | 59117 |
| Revised Code. The scholarships shall be for up to four years at | 59118 |
| the undergraduate level at an amount determined by the chancellor | 59119 |
| based on state appropriations. | 59120 |
| (C) The chancellor shall adopt a competitive process for | 59121 |
| awarding scholarships under the teaching fellows program, which | 59122 |
| shall include minimum grade point average and scores on national | 59123 |
| standardized tests for college admission. The process shall also | 59124 |
| give additional consideration to all of the following: | 59125 |
| (1) A person who has participated in the program described in | 59126 |
| division (A) of section 3333.39 of the Revised Code; | 59127 |
| (2) A person who plans to specialize in teaching students | 59128 |
| with special needs; | 59129 |
| (3) A person who plans to teach in the disciplines of | 59130 |
| science, technology, engineering, or mathematics. | 59131 |
| The chancellor shall require that all applicants to the | 59132 |
| teaching fellows program shall file a statement of service status | 59133 |
| in compliance with section 3345.32 of the Revised Code, if | 59134 |
| applicable, and that all applicants have not been convicted of, | 59135 |
| plead guilty to, or adjudicated a delinquent child for any | 59136 |
| violation listed in section 3333.38 of the Revised Code. | 59137 |
| (D) Teaching fellows shall complete the four-year teaching | 59138 |
| commitment within not more than seven years after graduating from | 59139 |
| the teacher training program. Failure to fulfill the commitment | 59140 |
| shall convert the scholarship into a loan to be repaid under | 59141 |
| section 3333.392 of the Revised Code. | 59142 |
| (E) The chancellor shall adopt rules in accordance with | 59143 |
| Chapter 119. of the Revised Code to administer this section and | 59144 |
| section 3333.392 of the Revised Code. | 59145 |
| Sec. 3333.392. (A) Each recipient who accepts a scholarship | 59146 |
| under the Ohio teaching fellows program created under section | 59147 |
| 3333.391 of the Revised Code, or the recipient's parent if the | 59148 |
| recipient is younger than eighteen years of age, shall sign a | 59149 |
| promissory note payable to the state in the event the recipient | 59150 |
| does not satisfy the service requirement of division (D) of | 59151 |
| section 3333.391 of the Revised Code or the scholarship is | 59152 |
| terminated. The amount payable under the note shall be the amount | 59153 |
| of total scholarships accepted by the recipient under the program | 59154 |
| plus ten per cent interest accrued annually beginning on the first | 59155 |
| day of September after graduating from the teacher training | 59156 |
| program or immediately after termination of the scholarship. The | 59157 |
| period of repayment under the note shall be determined by the | 59158 |
| chancellor of the Ohio board of regents. The note shall stipulate | 59159 |
| that the obligation to make payments under the note is canceled | 59160 |
| following completion of four years of qualified service by the | 59161 |
| recipient in accordance with division (D) of section 3333.391 of | 59162 |
| the Revised Code, or if the recipient dies, becomes totally and | 59163 |
| permanently disabled, or is unable to complete the required | 59164 |
| qualified service as a result of a reduction in force at the | 59165 |
| recipient's school of employment before the obligation under the | 59166 |
| note has been satisfied. | 59167 |
| (B) Repayment of the principal amount of the scholarship and | 59168 |
| interest accrued shall be deferred while the recipient is enrolled | 59169 |
| in an approved teaching program, while the recipient is seeking | 59170 |
| employment to fulfill the service obligation, for a period not to | 59171 |
| exceed six months, or while the recipient is engaged in qualified | 59172 |
| service. | 59173 |
| (C) During the seven-year period following the recipient's | 59174 |
| graduation from an approved teaching program, the chancellor shall | 59175 |
| deduct twenty-five per cent of the outstanding balance that may be | 59176 |
| converted to a loan for each year the recipient teaches at a | 59177 |
| qualifying school. | 59178 |
| (D) The chancellor may terminate the scholarship, in which | 59179 |
| case the scholarship shall be converted to a loan to be repaid | 59180 |
| under division (A) of this section. | 59181 |
| (E) The scholarship shall be deemed terminated upon the | 59182 |
| recipient's withdrawal from school or the recipient's failure to | 59183 |
| meet the standards of the scholarship as determined by the | 59184 |
| chancellor and shall be converted to a loan to be repaid under | 59185 |
| division (A) of this section. | 59186 |
| (F) The chancellor and the attorney general shall collect | 59187 |
| payments on the converted loan in accordance with section 131.02 | 59188 |
| of the Revised Code. | 59189 |
| Sec. 3333.61. The chancellor of the Ohio board of regents | 59190 |
| shall establish and administer the Ohio innovation partnership, | 59191 |
| which shall consist of the choose Ohio first scholarship program | 59192 |
| and the Ohio research scholars program. Under the programs, the | 59193 |
| chancellor, subject to approval by the controlling board, shall | 59194 |
| make awards to state universities or colleges for programs and | 59195 |
| initiatives that recruit students and scientists in the fields of | 59196 |
| science, technology, engineering, mathematics, and medicine to | 59197 |
| state universities or colleges, in order to enhance regional | 59198 |
| educational and economic strengths and meet the needs of the | 59199 |
| state's regional economies. Awards may be granted for programs and | 59200 |
| initiatives to be implemented by a state university or college | 59201 |
| alone or in collaboration with other state institutions of higher | 59202 |
| education, nonpublic Ohio universities and colleges, or other | 59203 |
| public or private Ohio entities. If the chancellor makes an award | 59204 |
| to a program or initiative that is intended to be implemented by a | 59205 |
| state university or college in collaboration with other state | 59206 |
| institutions of higher education or nonpublic Ohio universities or | 59207 |
| colleges, the chancellor may provide that some portion of the | 59208 |
| award be received directly by the collaborating universities or | 59209 |
| colleges consistent with all terms of the Ohio innovation | 59210 |
| partnership. | 59211 |
| The choose Ohio first scholarship program shall assign a | 59212 |
| number of scholarships to state universities and colleges to | 59213 |
| recruit Ohio residents as undergraduate, or as provided in section | 59214 |
| 3333.66 of the Revised Code graduate, students in the fields of | 59215 |
| science, technology, engineering, mathematics, and medicine, or | 59216 |
| in science, technology, engineering, mathematics, or medical | 59217 |
| education. Choose Ohio first scholarships shall be awarded to each | 59218 |
| participating eligible student as a grant to the state university | 59219 |
| or college the student is attending and shall be reflected on the | 59220 |
| student's tuition bill. Choose Ohio first scholarships are | 59221 |
| student-centered grants from the state to students to use to | 59222 |
| attend a university or college and are not grants from the state | 59223 |
| to universities or colleges. | 59224 |
| Notwithstanding any other provision of this section or | 59225 |
| sections 3333.62 to 3333.70 of the Revised Code, a nonpublic | 59226 |
| four-year Ohio institution of higher education may submit a | 59227 |
|
proposal for choose Ohio first scholarships | 59228 |
| 59229 | |
| 59230 | |
| awards a nonpublic institution | 59231 |
| grants, the nonpublic institution shall comply with all | 59232 |
| requirements of this section, sections 3333.62 to 3333.70 of the | 59233 |
| Revised Code, and the rules adopted under this section that apply | 59234 |
| to state universities or colleges awarded choose Ohio first | 59235 |
| scholarships or Ohio research scholars grants. | 59236 |
| The Ohio research scholars program shall award grants to use | 59237 |
| in recruiting scientists to the faculties of state universities or | 59238 |
| colleges. | 59239 |
| The chancellor shall adopt rules in accordance with Chapter | 59240 |
| 119. of the Revised Code to administer the programs. | 59241 |
| Sec. 3333.62. The chancellor of the Ohio board of regents | 59242 |
| shall establish a competitive process for making awards under the | 59243 |
| choose Ohio first scholarship program and the Ohio research | 59244 |
| scholars program. The chancellor, on completion of that process, | 59245 |
| shall make a recommendation to the controlling board asking for | 59246 |
| approval of each award selected by the chancellor. | 59247 |
| Any state university or college may apply for one or more | 59248 |
| awards under one or both programs. The state university or college | 59249 |
| shall submit a proposal and other documentation required by the | 59250 |
| chancellor, in the form and manner prescribed by the chancellor, | 59251 |
| for each award it seeks. A proposal may propose an initiative to | 59252 |
| be implemented solely by the state university or college or in | 59253 |
| collaboration with other state institutions of higher education, | 59254 |
| nonpublic Ohio universities or colleges, or other public or | 59255 |
| nonpublic Ohio entities. A single proposal may seek an award under | 59256 |
| one or both programs. | 59257 |
| The chancellor shall determine which proposals will receive | 59258 |
| awards each fiscal year, and the amount of each award, on the | 59259 |
| basis of the merit of each proposal, which the chancellor, subject | 59260 |
| to approval by the controlling board, shall determine based on one | 59261 |
| or more of the following criteria: | 59262 |
| (A) The quality of the program that is the subject of the | 59263 |
| proposal and the extent to which additional resources will enhance | 59264 |
| its quality; | 59265 |
| (B) The extent to which the proposal is integrated with the | 59266 |
| strengths of the regional economy; | 59267 |
| (C) The extent to which the proposal is integrated with | 59268 |
| centers of research excellence within the private sector; | 59269 |
| (D) The amount of other institutional, public, or private | 59270 |
| resources, whether monetary or nonmonetary, that the proposal | 59271 |
| pledges to leverage; | 59272 |
| (E) The extent to which the proposal is collaborative with | 59273 |
| other public or nonpublic Ohio institutions of higher education; | 59274 |
| (F) The extent to which the proposal is integrated with the | 59275 |
| university's or college's mission and does not displace existing | 59276 |
| resources already committed to the mission; | 59277 |
| (G) The extent to which the proposal facilitates a more | 59278 |
| efficient utilization of existing faculty and programs; | 59279 |
| (H) The extent to which the proposal meets a statewide | 59280 |
| educational need; | 59281 |
| (I) The demonstrated productivity or future capacity of the | 59282 |
| students or scientists to be recruited; | 59283 |
| (J) The extent to which the proposal will create additional | 59284 |
| capacity in educational or economic areas of need; | 59285 |
| (K) The extent to which the proposal will encourage students | 59286 |
| who received degrees in the fields of science, technology, | 59287 |
| engineering, mathematics, or medicine from two-year institutions | 59288 |
| to transfer to state universities or colleges to pursue | 59289 |
| baccalaureate degrees in science, technology, engineering, | 59290 |
| mathematics, or medicine; | 59291 |
| (L) The extent to which the proposal encourages students | 59292 |
| enrolled in state universities to transfer into science, | 59293 |
| technology, engineering, mathematics, or medicine programs; | 59294 |
| (M) The extent to which the proposal facilitates the | 59295 |
| completion of a baccalaureate degree in a cost-effective manner, | 59296 |
| for example, by facilitating students' completing two years at a | 59297 |
| two-year institution and two years at a state university or | 59298 |
| college; | 59299 |
| (N) The extent to which the proposal allows attendance at a | 59300 |
| state university or college of students who otherwise could not | 59301 |
| afford to attend; | 59302 |
| (O) The extent to which other institutional, public, or | 59303 |
| private resources pledged to the proposal will be deployed to | 59304 |
| assist in sustaining students' scholarships over their academic | 59305 |
| careers; | 59306 |
| (P) The extent to which the proposal increases the likelihood | 59307 |
| that students will successfully complete their degree programs in | 59308 |
| science, technology, engineering, mathematics, or medicine or in | 59309 |
| science, technology, engineering, mathematics, or medical | 59310 |
| education; | 59311 |
| (Q) The extent to which the proposal ensures that a student | 59312 |
| who is awarded a scholarship is appropriately qualified and | 59313 |
| prepared to successfully complete a degree program in science, | 59314 |
| technology, engineering, mathematics, or medicine or in science, | 59315 |
| technology, engineering, mathematics, or medical education; | 59316 |
| (R) The extent to which the proposal will increase the number | 59317 |
| of women participating in the choose Ohio first scholarship | 59318 |
| program. | 59319 |
| Sec. 3333.66. (A) | 59320 |
| (A)(2) of this section, in each academic year, no student who | 59321 |
| receives a choose Ohio first scholarship shall receive less than | 59322 |
| one thousand five hundred dollars or more than one-half of the | 59323 |
| highest in-state undergraduate instructional and general fees | 59324 |
| charged by all state universities. For this purpose, if Miami | 59325 |
| university is implementing the pilot tuition restructuring plan | 59326 |
| originally recognized in Am. Sub. H.B. 95 of the 125th general | 59327 |
| assembly, that university's instructional and general fees shall | 59328 |
| be considered to be the average full-time in-state undergraduate | 59329 |
| instructional and general fee amount after taking into account the | 59330 |
| Ohio resident and Ohio leader scholarships and any other credit | 59331 |
| provided to all Ohio residents. | 59332 |
| (2) The chancellor of the Ohio board of regents may authorize | 59333 |
| a state university or college or a nonpublic Ohio institution of | 59334 |
| higher education to award a choose Ohio first scholarship in an | 59335 |
| amount greater than one-half of the highest in-state undergraduate | 59336 |
| instructional and general fees charged by all state universities | 59337 |
| to either of the following: | 59338 |
| (a) Any undergraduate student who qualifies for a scholarship | 59339 |
| and is enrolled in a program leading to a teaching profession in | 59340 |
| science, technology, engineering, mathematics, or medicine; | 59341 |
| (b) Any graduate student who qualifies for a scholarship, if | 59342 |
| any initiatives are selected for award under division (B) of this | 59343 |
| section. | 59344 |
| (B) The chancellor | 59345 |
| encourage state universities and colleges, alone or in | 59346 |
| collaboration with other state institutions of higher education, | 59347 |
| nonpublic Ohio universities and colleges, or other public or | 59348 |
| private Ohio entities, to submit proposals under the choose Ohio | 59349 |
| first scholarship program for initiatives that recruit Ohio | 59350 |
| residents enrolled in colleges and universities in other states or | 59351 |
| other countries to return to Ohio and enroll in state universities | 59352 |
| or colleges as graduate students in the fields of science, | 59353 |
| technology, engineering, mathematics, and medicine, or in the | 59354 |
| fields of science, technology, engineering, mathematics, or | 59355 |
| medical education. If such proposals are submitted and meet the | 59356 |
| chancellor's competitive criteria for awards, the chancellor, | 59357 |
| subject to approval by the controlling board, shall give at least | 59358 |
| one of the proposals preference for an award. | 59359 |
| (C) The general assembly intends that money appropriated for | 59360 |
| the choose Ohio first scholarship program in each fiscal year be | 59361 |
| used for scholarships in the following academic year. | 59362 |
| Sec. 3333.73. The chancellor of the Ohio board of regents | 59363 |
| shall establish a competitive process for making awards under the | 59364 |
| Ohio co-op/internship program. The chancellor, on completion of | 59365 |
| that process, shall make a recommendation to the controlling | 59366 |
| board asking for approval of each award selected by the | 59367 |
| chancellor. | 59368 |
| The state institution of higher education shall submit a | 59369 |
| proposal and other documentation required by the chancellor, in | 59370 |
| the form and manner prescribed by the chancellor, for each award | 59371 |
| it seeks. A proposal may propose an initiative to be implemented | 59372 |
| solely by the state institution of higher education or in | 59373 |
| collaboration with other state institutions of higher education or | 59374 |
| nonpublic Ohio universities or colleges. | 59375 |
| The chancellor shall determine which proposals will receive | 59376 |
| awards each fiscal year, and the amount of each award, on the | 59377 |
| basis of the merit of each proposal, which the chancellor, subject | 59378 |
| to approval by the controlling board, shall determine based on one | 59379 |
| or more of the following criteria: | 59380 |
| (A) The extent to which the proposal will keep Ohio students | 59381 |
| in Ohio institutions of higher education; | 59382 |
| (B) The extent to which the proposal will attract Ohio | 59383 |
| residents who left Ohio to attend out-of-state institutions of | 59384 |
| higher education to return to Ohio institutions of higher | 59385 |
| education; | 59386 |
| (C) The extent to which the proposal will increase the number | 59387 |
| of Ohio graduates who remain in Ohio and enter Ohio's workforce; | 59388 |
| (D) The quality of the program that is the subject of the | 59389 |
| proposal and the extent to which additional resources will enhance | 59390 |
| its quality; | 59391 |
| (E) The extent to which the proposal is integrated with the | 59392 |
| strengths of the regional economy; | 59393 |
| (F) The extent to which the proposal is aligned with the | 59394 |
| report submitted by the chancellor pursuant to Section 4 of Sub. | 59395 |
| H.B. 2 of the 127th general assembly, as amended; | 59396 |
| (G) The extent to which the proposal facilitates the | 59397 |
| development of high quality academic programs with a cooperative | 59398 |
| education program or a significant internship program at state | 59399 |
| institutions of higher education; | 59400 |
| (H) The extent to which the proposal is integrated with | 59401 |
| supporting private companies to fill potential job growth; | 59402 |
| (I) The amount of other institutional, public, or private | 59403 |
| resources, whether monetary or nonmonetary, the proposal pledges | 59404 |
| to leverage that are in addition to the monetary cost-sharing | 59405 |
| requirement prescribed in section 3333.74 of the Revised Code; | 59406 |
| (J) The extent to which the proposal is collaborative with | 59407 |
| other Ohio institutions of higher education; | 59408 |
| (K) The extent to which the proposal is integrated with the | 59409 |
| institution's mission; | 59410 |
| (L) The extent to which the proposal meets a statewide | 59411 |
| educational need at the undergraduate or graduate level; | 59412 |
| (M) The demonstrated productivity or future capacity of the | 59413 |
| students to be recruited; | 59414 |
| (N) The extent to which the proposal will create additional | 59415 |
| capacity in a high quality academic program with a cooperative | 59416 |
| education program or significant internship program; | 59417 |
| (O) The extent to which the proposal will encourage students | 59418 |
| who received degrees from two-year institutions to pursue | 59419 |
| baccalaureate degrees; | 59420 |
| (P) The extent to which the proposal facilitates the | 59421 |
| completion of a baccalaureate degree in a cost-effective manner; | 59422 |
| (Q) The extent to which other institutional, public, or | 59423 |
| private resources that are pledged to the proposal, in addition to | 59424 |
| the monetary cost-sharing requirement prescribed in section | 59425 |
| 3333.74 of the Revised Code, will be deployed to assist in | 59426 |
| sustaining the academic program of excellence; | 59427 |
| (R) The extent to which the proposal increases the likelihood | 59428 |
| that students will successfully complete their degree programs or | 59429 |
| certificate programs; | 59430 |
| (S) The extent to which the proposal ensures that a student | 59431 |
| participating in the high quality academic program funded by the | 59432 |
| Ohio co-op/internship program is appropriately qualified and | 59433 |
| prepared to successfully transition into professions in Ohio's | 59434 |
| growing companies and industries; | 59435 |
| (T) The extent to which the proposal will increase the number | 59436 |
| of women participating in cooperative education programs and | 59437 |
| internship programs. | 59438 |
| Sec. 3333.83. (A) A student who is enrolled in a school | 59439 |
| operated by a school district or in a community school or STEM | 59440 |
| school may enroll in a course through the clearinghouse only if | 59441 |
| both of the following conditions are satisfied: | 59442 |
| (1) The student's enrollment in the course is approved by the | 59443 |
| student's school district, community school, or STEM school. | 59444 |
| (2) The student's school district, community school, or | 59445 |
| STEM school agrees to accept for credit the grade assigned by | 59446 |
| the course provider, if that provider is another school | 59447 |
| district, community school, or STEM school. | 59448 |
| (B) For each student enrolled in a school operated by a | 59449 |
| school district or in a community school or STEM school who is | 59450 |
| enrolling in a course provided through the clearinghouse by | 59451 |
| another school district, community school, or STEM school, the | 59452 |
| student's school district, community school, or STEM school | 59453 |
| shall transmit the student's name to the course provider. | 59454 |
| The course provider may request from the student's school | 59455 |
| district, community school, or STEM school other information | 59456 |
| from the student's school record. The district or school shall | 59457 |
| provide the requested information only in accordance with | 59458 |
| section 3319.321 of the Revised Code. | 59459 |
| (C) The student's school district, community school, or STEM | 59460 |
| school shall determine the manner in which and facilities at | 59461 |
| which the student shall participate in the course consistent | 59462 |
| with specifications for technology and connectivity adopted by | 59463 |
| the chancellor of the Ohio board of regents. | 59464 |
| (D) A student may withdraw from a course prior to the end of | 59465 |
| the course only by a date and in a manner prescribed by the | 59466 |
| student's school district, community school, or STEM school. | 59467 |
| (E) A student who is enrolled in a school operated by a | 59468 |
|
school district or in a | 59469 |
| governed as provided in section 3326.51 of the Revised Code and | 59470 |
| who takes a course through the clearinghouse shall be counted | 59471 |
| in the formula ADM of a school district under section 3317.03 | 59472 |
| of the Revised Code as if the student were taking the course | 59473 |
|
from the
student's school
district | 59474 |
| school. | 59475 |
| Sec. 3333.90. (A) As used in this section: | 59476 |
| (1) "Allocated state share of instruction" means, for any | 59477 |
| fiscal year, the amount of the state share of instruction | 59478 |
| appropriated to the Ohio board of regents by the general assembly | 59479 |
| that is allocated to a community or technical college or community | 59480 |
| or technical college district for such fiscal year. | 59481 |
| (2) "Authority" means the Ohio building authority. | 59482 |
| (3) "Bond service charges" has the same meaning as in section | 59483 |
| 152.09 of the Revised Code. | 59484 |
| (4) "Chancellor" means the chancellor of the Ohio board of | 59485 |
| regents. | 59486 |
| (5) "Community or technical college" or "college" means any | 59487 |
| of the following state-supported or state-assisted institutions of | 59488 |
| higher education: | 59489 |
| (a) A community college as defined in section 3354.01 of the | 59490 |
| Revised Code; | 59491 |
| (b) A technical college as defined in section 3357.01 of the | 59492 |
| Revised Code; | 59493 |
| (c) A state community college as defined in section 3358.01 | 59494 |
| of the Revised Code. | 59495 |
| (6) "Community or technical college district" or "district" | 59496 |
| means any of the following institutions of higher education that | 59497 |
| are state-supported or state-assisted: | 59498 |
| (a) A community college district as defined in section | 59499 |
| 3354.01 of the Revised Code; | 59500 |
| (b) A technical college district as defined in section | 59501 |
| 3357.01 of the Revised Code; | 59502 |
| (c) A state community college district as defined in section | 59503 |
| 3358.01 of the Revised Code. | 59504 |
| (7) "Credit enhancement facilities" has the same meaning as | 59505 |
| in section 133.01 of the Revised Code. | 59506 |
| (8) "Obligations" has the meaning as in section 152.09 or | 59507 |
| 3345.12 of the Revised Code, as the context requires. | 59508 |
| (B) The board of trustees of any community or technical | 59509 |
| college district authorizing the issuance of obligations under | 59510 |
| section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the | 59511 |
| Revised Code, or for whose benefit and on whose behalf the | 59512 |
| authority proposes to issue obligations under division (G) of | 59513 |
| section 152.09 of the Revised Code, may adopt a resolution | 59514 |
| requesting the chancellor to enter into an agreement with the | 59515 |
| community or technical college district and the primary paying | 59516 |
| agent or fiscal agent for such obligations, providing for the | 59517 |
| withholding and deposit of funds otherwise due the district or the | 59518 |
| community or technical college it operates in respect of its | 59519 |
| allocated state share of instruction, for the payment of bond | 59520 |
| service charges on such obligations. | 59521 |
| The board of trustees shall deliver to the chancellor a copy | 59522 |
| of the resolution and any additional pertinent information the | 59523 |
| chancellor may require. | 59524 |
| The chancellor and the office of budget and management, and | 59525 |
| the authority in the case of obligations to be issued by the | 59526 |
| authority, shall evaluate each request received from a community | 59527 |
| or technical college district under this section. The chancellor, | 59528 |
| with the advice and consent of the director of budget and | 59529 |
| management and the authority in the case of obligations to be | 59530 |
| issued by the authority, shall approve each request if all of the | 59531 |
| following conditions are met: | 59532 |
| (1) Approval of the request will enhance the marketability of | 59533 |
| the obligations for which the request is made; | 59534 |
| (2) The chancellor and the office of budget and management, | 59535 |
| and the authority in the case of obligations to be issued by the | 59536 |
| authority, have no reason to believe the requesting community or | 59537 |
| technical college district or the community or technical college | 59538 |
| it operates will be unable to pay when due the bond service | 59539 |
| charges on the obligations for which the request is made, and bond | 59540 |
| service charges on those obligations are therefore not anticipated | 59541 |
| to be paid pursuant to this section from the allocated state share | 59542 |
| of instruction for purposes of Section 17 of Article VIII, Ohio | 59543 |
| Constitution. | 59544 |
| (3) Any other pertinent conditions established in rules | 59545 |
| adopted under division (H) of this section. | 59546 |
| (C) If the chancellor approves the request of a community or | 59547 |
| technical college district to withhold and deposit funds pursuant | 59548 |
| to this section, the chancellor shall enter into a written | 59549 |
| agreement with the district and the primary paying agent or fiscal | 59550 |
| agent for the obligations, which agreement shall provide for the | 59551 |
| withholding of funds pursuant to this section for the payment of | 59552 |
| bond service charges on those obligations. The agreement may also | 59553 |
| include both of the following: | 59554 |
| (1) Provisions for certification by the district to the | 59555 |
| chancellor, prior to the deadline for payment of the applicable | 59556 |
| bond service charges, whether the district and the community or | 59557 |
| technical college it operates are able to pay those bond service | 59558 |
| charges when due; | 59559 |
| (2) Requirements that the district or the community or | 59560 |
| technical college it operates deposits amounts for the payment of | 59561 |
| those bond service charges with the primary paying agent or fiscal | 59562 |
| agent for the obligations prior to the date on which the bond | 59563 |
| service charges are due to the owners or holders of the | 59564 |
| obligations. | 59565 |
| (D) Whenever a district or the community or technical college | 59566 |
| it operates notifies the chancellor that it will not be able to | 59567 |
| pay the bond service charges when they are due, subject to the | 59568 |
| withholding provisions of this section, or whenever the applicable | 59569 |
| paying agent or fiscal agent notifies the chancellor that it has | 59570 |
| not timely received from a district or from the college it | 59571 |
| operates the full amount needed for payment of the bond service | 59572 |
| charges when due to the holders or owners of such obligations, the | 59573 |
| chancellor shall immediately contact the district or college and | 59574 |
| the paying agent or fiscal agent to confirm that the district and | 59575 |
| the college are not able to make the required payment by the date | 59576 |
| on which it is due. | 59577 |
| If the chancellor confirms that the district and the college | 59578 |
| are not able to make the payment and the payment will not be made | 59579 |
| pursuant to a credit enhancement facility, the chancellor shall | 59580 |
| promptly pay to the applicable primary paying agent or fiscal | 59581 |
| agent the lesser of the amount due for bond service charges or the | 59582 |
| amount of the next periodic distribution scheduled to be made to | 59583 |
| the district or to the college in respect of its allocated state | 59584 |
| share of instruction. If this amount is insufficient to pay the | 59585 |
| total amount then due the agent for the payment of bond service | 59586 |
| charges, the chancellor shall continue to pay to the agent from | 59587 |
| each periodic distribution thereafter, and until the full amount | 59588 |
| due the agent for unpaid bond service charges is paid in full, the | 59589 |
| lesser of the remaining amount due the agent for bond service | 59590 |
| charges or the amount of the next periodic distribution scheduled | 59591 |
| to be made to the district or college in respect of its allocated | 59592 |
| state share of instruction. | 59593 |
| (E) The chancellor may make any payments under this section | 59594 |
| by direct deposit of funds by electronic transfer. | 59595 |
| Any amount received by a paying agent or fiscal agent under | 59596 |
| this section shall be applied only to the payment of bond service | 59597 |
| charges on the obligations of the community or technical college | 59598 |
| district or community or technical college subject to this section | 59599 |
| or to the reimbursement of the provider of a credit enhancement | 59600 |
| facility that has paid the bond service charges. | 59601 |
| (F) The chancellor may make payments under this section to | 59602 |
| paying agents or fiscal agents during any fiscal biennium of the | 59603 |
| state only from and to the extent that money is appropriated to | 59604 |
| the board of regents by the general assembly for distribution | 59605 |
| during such biennium for the state share of instruction and only | 59606 |
| to the extent that a portion of the state share of instruction has | 59607 |
| been allocated to the community or technical college district or | 59608 |
| community or technical college. Obligations of the authority or of | 59609 |
| a community or technical college district to which this section is | 59610 |
| made applicable do not constitute an obligation or a debt or a | 59611 |
| pledge of the faith, credit, or taxing power of the state, and the | 59612 |
| holders or owners of those obligations have no right to have | 59613 |
| excises or taxes levied or appropriations made by the general | 59614 |
| assembly for the payment of bond service charges on the | 59615 |
| obligations, and the obligations shall contain a statement to that | 59616 |
| effect. The agreement for or the actual withholding and payment of | 59617 |
| money under this section does not constitute the assumption by the | 59618 |
| state of any debt of a community or technical college district or | 59619 |
| a community or technical college, and bond service charges on the | 59620 |
| related obligations are not anticipated to be paid from the state | 59621 |
| general revenue fund for purposes of Section 17 of Article VIII, | 59622 |
| Ohio Constitution. | 59623 |
| (G) In the case of obligations subject to the withholding | 59624 |
| provisions of this section, the issuing community or technical | 59625 |
| college district, or the authority in the case of obligations | 59626 |
| issued by the authority, shall appoint a paying agent or fiscal | 59627 |
| agent who is not an officer or employee of the district or | 59628 |
| college. | 59629 |
| (H) The chancellor, with the advice and consent of the office | 59630 |
| of budget and management, may adopt reasonable rules not | 59631 |
| inconsistent with this section for the implementation of this | 59632 |
| section to secure payment of bond service charges on obligations | 59633 |
| issued by a community or technical college district or by the | 59634 |
| authority for the benefit of a community or technical college | 59635 |
| district or the community or technical college it operates. Those | 59636 |
| rules shall include criteria for the evaluation and approval or | 59637 |
| denial of community or technical college district requests for | 59638 |
| withholding under this section. | 59639 |
| (I) The authority granted by this section is in addition to | 59640 |
| and not a limitation on any other authorizations granted by or | 59641 |
| pursuant to law for the same or similar purposes. | 59642 |
| Sec. 3333.91. (A) As used in this section, "bioscience | 59643 |
| sector" includes companies that manufacture medical devices, | 59644 |
| biopharmaceutical products, biofuel, or agricultural bioproducts; | 59645 |
| health care service companies; health care organizations; and | 59646 |
| medical research organizations. | 59647 |
| (B) The chancellor of the Ohio board of regents shall provide | 59648 |
| grants to entities that satisfy the requirements specified in | 59649 |
| this section to provide training for individuals who are not | 59650 |
| employed in the field of biotechnology or the bioscience sector | 59651 |
| and wish to receive training to be employed in that field or | 59652 |
| sector. The chancellor may provide such grants to entities | 59653 |
| engaged in any other field in which critical demands exist for | 59654 |
| certain skills. | 59655 |
| (C) The chancellor may accept applications for training grant | 59656 |
| funds awarded pursuant to this section from any of the following | 59657 |
| entities: | 59658 |
| (1) A municipal corporation that provides any of the | 59659 |
| training programs described in division (D) of this section; | 59660 |
| (2) An employer, including an intermediary or a training | 59661 |
| agent of the employer, that provides any of the training programs | 59662 |
| described in division (D) of this section; | 59663 |
| (3) Any of the following entities that sponsor multi-company | 59664 |
| employee training projects that offer programs described in | 59665 |
| division (D) of this section if those projects will address | 59666 |
| common training needs identified by employers that elect to | 59667 |
| participate in the project offered by the entity: | 59668 |
| (a) Business associations; | 59669 |
| (b) Strategic business partnerships; | 59670 |
| (c) Institutions of secondary or higher education; | 59671 |
| (d) Large manufacturers for supplier network companies; | 59672 |
| (e) Agencies of the state or of a political subdivision of | 59673 |
| the state or grant recipients under the federal "Workforce | 59674 |
| Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as | 59675 |
| amended. | 59676 |
| (D) The chancellor may award grants to eligible applicants | 59677 |
| described in division (C) of this section if in the application, | 59678 |
| the applicant specifies that the money received from the grant | 59679 |
| will be used for employee training programs that include, but are | 59680 |
| not limited to, any of the following: | 59681 |
| (1) Training programs that are in response to new or changing | 59682 |
| technology introduced into the workplace; | 59683 |
| (2) Job-linked training programs that offer special skills | 59684 |
| for career advancement or that are preparatory for, and lead | 59685 |
| directly to, a job with definite career potential and long-term | 59686 |
| job security; | 59687 |
| (3) Training programs that are necessary to implement a total | 59688 |
| quality management system, a total quality improvement system, or | 59689 |
| both within the workplace; | 59690 |
| (4) Training related to learning how to operate new machinery | 59691 |
| or equipment; | 59692 |
| (5) Training for employees of companies that are expanding | 59693 |
| into new markets or expanding exports from this state and that | 59694 |
| provide jobs in this state; | 59695 |
| (6) Basic training, remedial training, or both of employees | 59696 |
| as a prerequisite for other vocational or technical skills | 59697 |
| training or as a condition for sustained employment; | 59698 |
| (7) Other training activities, training projects, or both, | 59699 |
| related to the support, development, or evaluation of job training | 59700 |
| programs, activities, and delivery systems, including training | 59701 |
| needs assessment and design. | 59702 |
| (E) The chancellor shall use the same competitive process | 59703 |
| established under section 3333.73 of the Revised Code for making | 59704 |
| awards under the Ohio co-op/internship program, adapted as | 59705 |
| necessary, to award training grants under this section. | 59706 |
| (F) The chancellor shall adopt rules in accordance with | 59707 |
| Chapter 119. of the Revised Code to establish the terms and | 59708 |
| conditions under which a grant may be awarded under this section | 59709 |
| and as necessary to implement this section. The chancellor shall | 59710 |
| include in the rules a requirement that, if an entity that | 59711 |
| applies for a grant awarded under this section is not an | 59712 |
| employer, the entity must specify in the entity's application | 59713 |
| employers that will benefit from the training the entity provides | 59714 |
| to ensure that the training provided satisfies the needs of | 59715 |
| employers located in the area where the entity provides the | 59716 |
| training programs described in division (D) of this section. No | 59717 |
| grant awarded under this section shall be for an amount that | 59718 |
| exceeds fifty per cent of the allowable costs of the training | 59719 |
| programs described in division (D) of this section provided by an | 59720 |
| entity described in division (C) of this section. Under this | 59721 |
| section, allowable costs include, but are not limited to, the | 59722 |
| following costs: | 59723 |
| (1) Administrative costs for tracking, documenting, | 59724 |
| reporting, and processing training funds or project costs; | 59725 |
| (2) Costs for developing a curriculum; | 59726 |
| (3) Wages for instructors and if the individuals receiving | 59727 |
| training are employed by the employer who offers the program, | 59728 |
| wages for those individuals; | 59729 |
| (4) Costs incurred for producing training materials, | 59730 |
| including scrap product costs; | 59731 |
| (5) Trainee travel expenses; | 59732 |
| (6) Costs for rent, purchase, or lease of training equipment; | 59733 |
| (7) Other usual and customary training costs. | 59734 |
| (G) An entity described in division (C) of this section shall | 59735 |
| use money received from a grant only for the programs that the | 59736 |
| entity specified in the entity's application in accordance with | 59737 |
| division (D) of this section. A municipal corporation that | 59738 |
| receives a grant under this section may use the money received for | 59739 |
| a training program that also is funded pursuant to the federal | 59740 |
| "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, | 59741 |
| as amended. | 59742 |
| (H) The chancellor shall adopt rules in accordance with | 59743 |
| Chapter 119. of the Revised Code to establish methods and | 59744 |
| procedures the chancellor shall use to identify transitional jobs | 59745 |
| and to develop and identify training strategies that will enable | 59746 |
| individuals who are not employed in the field of biotechnology or | 59747 |
| the bioscience sector to be employed in that field or sector. | 59748 |
| (I) The chancellor shall require an employee of the board of | 59749 |
| regents to conduct at least one on-site visit to monitor the | 59750 |
| application of the grant and compliance with this section and any | 59751 |
| rules the chancellor adopts pursuant to it, either during the | 59752 |
| course of the grant period or within six months after the end of | 59753 |
| the grant period. The employee shall verify that the grantee's | 59754 |
| financial management system is structured to provide for accurate, | 59755 |
| current, and complete disclosure of the financial results of the | 59756 |
| grant program in accordance with all provisions, terms, and | 59757 |
| conditions contained in the grant contract entered into by the | 59758 |
| grantee and the chancellor pursuant to this section and any rules | 59759 |
| the chancellor adopts pursuant to it. | 59760 |
| Sec. 3334.01. As used in this chapter: | 59761 |
| (A) "Aggregate original principal amount" means the aggregate | 59762 |
| of the initial offering prices to the public of college savings | 59763 |
| bonds, exclusive of accrued interest, if any. "Aggregate original | 59764 |
| principal amount" does not mean the aggregate accreted amount | 59765 |
| payable at maturity or redemption of such bonds. | 59766 |
| (B) "Beneficiary" means: | 59767 |
| (1) An individual designated by the purchaser under a tuition | 59768 |
| payment contract or through a scholarship program as the | 59769 |
| individual on whose behalf tuition units purchased under the | 59770 |
| contract or awarded through the scholarship program will be | 59771 |
| applied toward the payment of undergraduate, graduate, or | 59772 |
| professional tuition; or | 59773 |
| (2) An individual designated by the contributor under a | 59774 |
| variable college savings program contract as the individual whose | 59775 |
| tuition and other higher education expenses will be paid from a | 59776 |
| variable college savings program account. | 59777 |
| (C) "Capital appreciation bond" means a bond for which the | 59778 |
| following is true: | 59779 |
| (1) The principal amount is less than the amount payable at | 59780 |
| maturity or early redemption; and | 59781 |
| (2) No interest is payable on a current basis. | 59782 |
| (D) "Tuition unit" means a credit | 59783 |
| 59784 | |
| "Tuition unit" includes a tuition credit purchased prior to July | 59785 |
| 1, 1994. | 59786 |
| (E) "College savings bonds" means revenue and other | 59787 |
| obligations issued on behalf of the state or any agency or issuing | 59788 |
| authority thereof as a zero-coupon or capital appreciation bond, | 59789 |
| and designated as college savings bonds as provided in this | 59790 |
| chapter. "College savings bond issue" means any issue of bonds of | 59791 |
| which any part has been designated as college savings bonds. | 59792 |
| (F) "Institution of higher education" means a state | 59793 |
| institution of higher education, a private college, university, or | 59794 |
| other postsecondary institution located in this state that | 59795 |
|
possesses a certificate of authorization issued | 59796 |
| 59797 | |
| certificate of registration issued by the state board of career | 59798 |
| colleges and schools under Chapter 3332. of the Revised Code, or | 59799 |
| an accredited college, university, or other postsecondary | 59800 |
| institution located outside this state that is accredited by an | 59801 |
| accrediting organization or professional association recognized by | 59802 |
|
the | 59803 |
| considered an institution of higher education, an institution | 59804 |
| shall meet the definition of an eligible educational institution | 59805 |
| under section 529 of the Internal Revenue Code. | 59806 |
| (G) "Issuing authority" means any authority, commission, | 59807 |
| body, agency, or individual empowered by the Ohio Constitution or | 59808 |
| the Revised Code to issue bonds or any other debt obligation of | 59809 |
| the state or any agency or department thereof. "Issuer" means the | 59810 |
| issuing authority or, if so designated under division (B) of | 59811 |
| section 3334.04 of the Revised Code, the treasurer of state. | 59812 |
| (H) "Tuition" means the charges imposed to attend an | 59813 |
| institution of higher education as an undergraduate, graduate, or | 59814 |
| professional student and all fees required as a condition of | 59815 |
|
enrollment, as determined by
the | 59816 |
| chancellor. "Tuition" does not include laboratory fees, room and | 59817 |
| board, or other similar fees and charges. | 59818 |
| (I) "Weighted average tuition" means the tuition cost | 59819 |
| resulting from the following calculation: | 59820 |
| (1) Add the products of the annual undergraduate tuition | 59821 |
| charged to Ohio residents at each four-year state university | 59822 |
| multiplied by that institution's total number of undergraduate | 59823 |
| fiscal year equated students; and | 59824 |
| (2) Divide the gross total of the products from division | 59825 |
| (I)(1) of this section by the total number of undergraduate fiscal | 59826 |
| year equated students attending four-year state universities. | 59827 |
| When making this calculation, the "annual undergraduate | 59828 |
| tuition charged to Ohio residents" shall not incorporate any | 59829 |
| tuition reductions that vary in amount among individual recipients | 59830 |
| and that are awarded to Ohio residents based upon their particular | 59831 |
| circumstances, beyond any minimum amount awarded uniformly to all | 59832 |
| Ohio residents. In addition, any tuition reductions awarded | 59833 |
| uniformly to all Ohio residents shall be incorporated into this | 59834 |
| calculation. | 59835 |
| (J) "Zero-coupon bond" means a bond which has a stated | 59836 |
| interest rate of zero per cent and on which no interest is payable | 59837 |
| until the maturity or early redemption of the bond, and is offered | 59838 |
| at a substantial discount from its original stated principal | 59839 |
| amount. | 59840 |
| (K) "State institution of higher education" includes the | 59841 |
| state universities listed in section 3345.011 of the Revised Code, | 59842 |
| community colleges created pursuant to Chapter 3354. of the | 59843 |
| Revised Code, university branches created pursuant to Chapter | 59844 |
| 3355. of the Revised Code, technical colleges created pursuant to | 59845 |
| Chapter 3357. of the Revised Code, state community colleges | 59846 |
| created pursuant to Chapter 3358. of the Revised Code, and the | 59847 |
| northeastern Ohio universities college of medicine. | 59848 |
| (L) "Four-year state university" means those state | 59849 |
| universities listed in section 3345.011 of the Revised Code. | 59850 |
| (M) "Principal amount" refers to the initial offering price | 59851 |
| to the public of an obligation, exclusive of the accrued interest, | 59852 |
| if any. "Principal amount" does not refer to the aggregate | 59853 |
| accreted amount payable at maturity or redemption of an | 59854 |
| obligation. | 59855 |
| (N) "Scholarship program" means a program registered with the | 59856 |
| 59857 | |
| 3334.17 of the Revised Code. | 59858 |
| (O) "Internal Revenue Code" means the "Internal Revenue Code | 59859 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended. | 59860 |
| (P) "Other higher education expenses" means room and board | 59861 |
| and books, supplies, equipment, and nontuition-related fees | 59862 |
| associated with the cost of attendance of a beneficiary at an | 59863 |
| institution of higher education, but only to the extent that such | 59864 |
| expenses meet the definition of "qualified higher education | 59865 |
| expenses" under section 529 of the Internal Revenue Code. "Other | 59866 |
| higher education expenses" does not include tuition as defined in | 59867 |
| division (H) of this section. | 59868 |
| (Q) "Purchaser" means the person signing the tuition payment | 59869 |
| contract, who controls the account and acquires tuition units for | 59870 |
| an account under the terms and conditions of the contract. | 59871 |
| (R) "Contributor" means a person who signs a variable college | 59872 |
|
savings program contract with the | 59873 |
| chancellor and contributes to and owns the account created under | 59874 |
| the contract. | 59875 |
| (S) "Contribution" means any payment directly allocated to an | 59876 |
| account for the benefit of the designated beneficiary of the | 59877 |
| account. | 59878 |
| Sec. 3334.02. (A) In order to help make higher education | 59879 |
| affordable and accessible to all citizens of Ohio, to maintain | 59880 |
| state institutions of higher education by helping to provide a | 59881 |
| stable financial base to these institutions, to provide the | 59882 |
| citizens of Ohio with financing assistance for higher education | 59883 |
| and protection against rising tuition costs, to encourage saving | 59884 |
| to enhance the ability of citizens of Ohio to obtain financial | 59885 |
| access to institutions of higher education, to encourage | 59886 |
| elementary and secondary students in this state to achieve | 59887 |
| academic excellence, and to promote a well-educated and | 59888 |
| financially secure population to the ultimate benefit of all | 59889 |
| citizens of the state of Ohio, there is hereby created the Ohio | 59890 |
| college savings program. The program shall consist of the issuance | 59891 |
| of college savings bonds and the sale of tuition units. | 59892 |
| (B) The provisions of Chapter 1707. of the Revised Code shall | 59893 |
| not apply to tuition units or any agreement or transaction related | 59894 |
| thereto. | 59895 |
| (C) To provide the citizens of Ohio with a choice of | 59896 |
| tax-advantaged college savings programs and the opportunity to | 59897 |
| participate in more than one type of college savings program at a | 59898 |
|
time, the chancellor of the Ohio | 59899 |
| regents shall establish and administer a variable college savings | 59900 |
| program as a qualified state tuition program under section 529 of | 59901 |
| the Internal Revenue Code. The program shall allow contributors to | 59902 |
| make cash contributions to variable college savings program | 59903 |
| accounts created for the purpose of paying future tuition and | 59904 |
| other higher education expenses and providing variable rates of | 59905 |
| return on contributions. | 59906 |
| (D) A person may participate simultaneously in both the Ohio | 59907 |
| college savings program and the variable college savings program. | 59908 |
| Sec. 3334.03. (A) The chancellor of the Ohio board of | 59909 |
| regents shall operate programs under this chapter as a qualified | 59910 |
| state tuition program within the meaning of section 529 of the | 59911 |
| Internal Revenue Code. The chancellor's exercise of the | 59912 |
| chancellor's powers under this chapter shall be and is hereby | 59913 |
| declared to be an essential state government function. In | 59914 |
| exercising powers under this chapter, the chancellor is subject to | 59915 |
| all provisions of law generally applicable to state agencies that | 59916 |
| do not conflict with the provisions of this chapter. | 59917 |
| (B) The chancellor shall provide the Ohio tuition trust | 59918 |
| advisory board with administrative assistance and all necessary | 59919 |
| documentation regarding the chancellor's administration of the | 59920 |
| programs established under this chapter and the costs of that | 59921 |
| administration in order to assist the advisory board in its | 59922 |
| preparation of the annual report required under section 3334.031 | 59923 |
| of the Revised Code and its quarterly meetings. | 59924 |
| (C) The chancellor may adopt rules establishing advisory | 59925 |
| duties and responsibilities of the advisory board not otherwise | 59926 |
| prescribed by law. | 59927 |
| | 59928 |
| 59929 | |
| 59930 | |
| 59931 | |
| 59932 | |
| 59933 | |
| 59934 | |
| 59935 | |
| 59936 | |
| established to advise the chancellor of the Ohio board of regents | 59937 |
| on the chancellor's duties and responsibilities under this chapter | 59938 |
| and on other matters established by the chancellor in rules | 59939 |
| adopted under section 3334.03 of the Revised Code. | 59940 |
| (B) The | 59941 |
| submit to the general assembly, in accordance with division (B) of | 59942 |
| section 101.68 of the Revised Code, and to the governor, an annual | 59943 |
| report on the chancellor's administration of the programs | 59944 |
| established under this chapter. | 59945 |
| (C) The advisory board shall consist of eleven members, no | 59946 |
|
more than six of whom shall be of the same
political
party. | 59947 |
| Seven members shall be appointed by the governor with the advice | 59948 |
| and consent of the senate as follows: one shall represent state | 59949 |
| institutions of higher education, one shall represent private | 59950 |
| nonprofit colleges and universities located in Ohio, one shall | 59951 |
| have experience in the field of marketing or public relations, one | 59952 |
| shall have experience in the field of information systems design | 59953 |
|
or
management, and
| 59954 |
| banking, investment banking, insurance, or law. Four members shall | 59955 |
| be appointed by the speaker of the house of representatives and | 59956 |
| the president of the senate as follows: the speaker of the house | 59957 |
| of representatives shall appoint one member of the house from each | 59958 |
| political party and the president of the senate shall appoint one | 59959 |
|
member of the senate from each political
party. | 59960 |
| 59961 | |
| 59962 | |
| 59963 | |
| 59964 | |
| 59965 | |
| 59966 | |
| 59967 |
| Initial gubernatorial appointees to the | 59968 |
| board shall serve staggered terms, with two terms expiring on | 59969 |
| January 31, 1991, one term expiring on January 31, 1992, and one | 59970 |
| term expiring on January 31, 1993. The governor shall appoint two | 59971 |
|
additional
members to the | 59972 |
| thirty days after March 30, 1999, and their initial terms shall | 59973 |
| expire January 31, 2002. The governor shall appoint an additional | 59974 |
| member to the advisory board not later than ninety days after the | 59975 |
| effective date of this amendment, and the member's initial term | 59976 |
| shall expire January 31, 2013. Thereafter, terms of office for | 59977 |
| gubernatorial appointees shall be for four years. The initial | 59978 |
| terms of the four legislative members shall expire on January 31, | 59979 |
| 1991. Thereafter legislative members shall serve two-year terms, | 59980 |
| provided that legislative members may continue to serve on the | 59981 |
| 59982 | |
|
general assembly.
Any vacancy on the | 59983 |
| shall be filled in the same manner as the original appointment, | 59984 |
| except that any person appointed to fill a vacancy shall be | 59985 |
| appointed to the remainder of the unexpired term. Any member is | 59986 |
| eligible for reappointment. | 59987 |
| | 59988 |
| for misfeasance, malfeasance, or willful neglect of duty or for | 59989 |
| other cause after notice and a public hearing, unless the notice | 59990 |
| and hearing are waived in writing by the member. Members shall | 59991 |
| serve without compensation but shall receive their reasonable and | 59992 |
| necessary expenses incurred in the conduct of authority business. | 59993 |
| | 59994 |
| president of the senate shall each designate a member of the | 59995 |
| 59996 | |
| seven gubernatorial
appointees | 59997 |
| 59998 | |
|
committee of
the | 59999 |
| executive chairperson from among the executive committee members. | 60000 |
|
The | 60001 |
|
such other officers as determined by the
| 60002 |
|
or the
executive committee respectively. The | 60003 |
|
board shall meet at
least | 60004 |
| co-chairperson and at such other times as either co-chairperson or | 60005 |
|
the
| 60006 |
| of both co-chairpersons, the executive chairperson shall serve as | 60007 |
|
the presiding officer of the
| 60008 |
| executive committee shall meet at the call of the executive | 60009 |
| chairperson or as the executive committee determines necessary. | 60010 |
|
The | 60011 |
|
committee
such duties
and responsibilities as the | 60012 |
| advisory board determines
appropriate | 60013 |
| 60014 | |
| 60015 | |
| 60016 | |
| 60017 | |
| the executive committee shall have the authority to act pursuant | 60018 |
| to such delegation without further approval or action by the | 60019 |
| 60020 | |
|
board shall
constitute a quorum of the | 60021 |
| and the affirmative vote of a majority of the members present | 60022 |
|
shall be
necessary for any action taken by
the | 60023 |
| board. A majority of the executive committee shall constitute a | 60024 |
| quorum of the executive committee, and the affirmative vote of a | 60025 |
| majority of the members present shall be necessary for any action | 60026 |
| taken by the executive committee. No vacancy in the membership of | 60027 |
|
the | 60028 |
| impair the rights of a quorum to exercise all rights and perform | 60029 |
|
all duties of the | 60030 |
| committee, respectively. | 60031 |
| Sec. 3334.032. Whenever the term "Ohio tuition trust | 60032 |
| authority" is used, referred to, or designated in any statute, | 60033 |
| rule, contract, grant, or other document, the use, reference, or | 60034 |
| designation shall be construed to mean the "chancellor of the Ohio | 60035 |
| board of regents." | 60036 |
| Sec. 3334.04. (A) Any bonds authorized for issuance by any | 60037 |
| issuing authority may, with the approval of the chancellor of the | 60038 |
|
Ohio
| 60039 |
| of the issuing authority, be designated as college savings bonds | 60040 |
| in accordance with this chapter. Bonds so designated shall be | 60041 |
| known as college savings bonds. The issuer shall sell as college | 60042 |
| savings bonds as many bonds from such an issue as is practical. | 60043 |
| (B) Issuing authorities designating bonds as a college | 60044 |
|
savings bonds issue, with the approval of the | 60045 |
| chancellor, may delegate to the treasurer of state the powers and | 60046 |
| duties related to the issuance and retirement of the bonds as | 60047 |
| provided by law. The financing costs, including the expenses | 60048 |
|
incurred by the
treasurer of | 60049 |
| and duties, are payable as provided in the bond proceedings from | 60050 |
| the bond proceeds, special funds, or other moneys available. | 60051 |
| (C) In connection with the authority granted by division (B) | 60052 |
|
of this section, the issuer, with the approval of the
| 60053 |
| chancellor, may contract for services of financial consultants, | 60054 |
| accounting experts, marketing, remarketing, underwriter and | 60055 |
| administrative agents, and other consultants and independent | 60056 |
| contractors as the issuer determines necessary to carry out such | 60057 |
| powers and duties. | 60058 |
| (D) Notwithstanding any limitation to the contrary, college | 60059 |
| savings bonds may be sold at public or private sale in a manner | 60060 |
| which assures, to the extent practicable, the broadest retail | 60061 |
| distribution of the bonds to investors residing in the state. | 60062 |
| (E) Holders of college savings bonds have all of the rights | 60063 |
| and remedies accorded to such holders under the provisions of the | 60064 |
| law pursuant to which such bonds are issued, whether or not | 60065 |
| issuance of such bonds has been delegated to the treasurer of | 60066 |
| state pursuant to division (B) of this section. In addition, the | 60067 |
| bond proceedings or other documents pertaining to the bonds may | 60068 |
| contain such covenants of the issuer and other matters deemed | 60069 |
|
advisable by the issuer in consultation with the | 60070 |
| chancellor, including the terms and conditions for creating and | 60071 |
| maintaining sinking funds, reserve funds, and any other special | 60072 |
| funds as may be created in the bond proceedings separate and apart | 60073 |
| from all other funds and accounts of the state or of the issuing | 60074 |
| authority. | 60075 |
| (F) In advertising or promoting the sale of college savings | 60076 |
|
bonds, the issuer and the | 60077 |
| encourage purchasers to apply the value at maturity of college | 60078 |
| savings bonds toward the cost of tuition at an institution of | 60079 |
|
higher
education; however, neither the | 60080 |
| treasurer of state, nor the issuing authority or the issuer shall | 60081 |
| provide any guarantee, nor shall any guarantee be inferred, to the | 60082 |
| effect that the value at maturity of the bonds held by a person | 60083 |
| shall be an amount sufficient to pay for the cost of tuition at | 60084 |
| any institution of higher education attended by that person for | 60085 |
|
such
purposes as | 60086 |
| Sec. 3334.06. (A) The chancellor of the Ohio | 60087 |
| 60088 | |
| issuer, develop a plan for the sale of college savings bonds. The | 60089 |
| plan shall include: | 60090 |
| (1) An advertising program to inform the public about the | 60091 |
| availability of college savings bonds; | 60092 |
| (2) The estimated cost of financing and administering the | 60093 |
| plan; | 60094 |
| (3) A description of the ongoing administrative authority and | 60095 |
| responsibility for the plan. | 60096 |
| (B) The | 60097 |
| college savings bond issue under division (A) of section 3334.04 | 60098 |
|
of the
Revised Code only after | 60099 |
| that the issuance would comply with section 3334.04 of the Revised | 60100 |
| Code. | 60101 |
| (C) The | 60102 |
| issuing authorities in identifying potential bond issues which may | 60103 |
| be appropriate for designation as college savings bonds and shall | 60104 |
| encourage those issuing authorities to participate in the Ohio | 60105 |
| college savings program. | 60106 |
| Sec. 3334.07. (A) The chancellor of the Ohio | 60107 |
| 60108 | |
|
tuition units.
| 60109 |
| 60110 |
| (B) Annually, the | 60111 |
| weighted average tuition of four-year state universities in the | 60112 |
| academic year that begins on or after the first day of August of | 60113 |
| the current calendar year, and shall establish the price of a | 60114 |
| tuition unit in the ensuing sales period. Such price shall be | 60115 |
| based on sound actuarial principles, and shall, to the extent | 60116 |
| actuarially possible, reasonably approximate one per cent of the | 60117 |
| weighted average tuition for that academic year plus the costs of | 60118 |
| administering the program that are in excess of general revenue | 60119 |
| fund appropriations for administrative costs. The sales period to | 60120 |
| which such price applies shall consist of twelve months, and the | 60121 |
| 60122 | |
| sales period begins. If circumstances arise during a sales period | 60123 |
|
that the | 60124 |
| tuition units to be insufficient to ensure the actuarial soundness | 60125 |
|
of the Ohio tuition trust
fund, the | 60126 |
| adjust the price of tuition units purchased during the remainder | 60127 |
| of the sales period. To promote the purchase of tuition units and | 60128 |
|
in accordance with actuarially sound
principles, the | 60129 |
| chancellor may adjust the sales price as part of incentive | 60130 |
| programs, such as discounting for lump sum purchases and | 60131 |
| multi-year installment plans at a fixed rate of purchase. | 60132 |
| Sec. 3334.08. (A) Subject to division (B) of this section, | 60133 |
| in addition to any other powers conferred by this chapter, the | 60134 |
| chancellor of the Ohio | 60135 |
| may do any of the following: | 60136 |
| (1) Impose reasonable residency requirements for | 60137 |
| beneficiaries of tuition units; | 60138 |
| (2) Impose reasonable limits on the number of tuition unit | 60139 |
| participants; | 60140 |
| (3) Impose and collect administrative fees and charges in | 60141 |
| connection with any transaction under this chapter; | 60142 |
| (4) Purchase insurance from insurers licensed to do business | 60143 |
| in this state providing for coverage against any loss in | 60144 |
|
connection with | 60145 |
| to further ensure the value of tuition units; | 60146 |
| (5) Indemnify or purchase policies of insurance on behalf of | 60147 |
| 60148 | |
| insurers licensed to do business in this state providing for | 60149 |
| coverage for any liability incurred in connection with any civil | 60150 |
|
action, demand, or claim against | 60151 |
|
employee
by reason of an act or omission by the | 60152 |
| 60153 | |
|
employment or official duties of the | 60154 |
| employee or with malicious purpose, in bad faith, or in a wanton | 60155 |
| or reckless manner; | 60156 |
| (6) Make, execute, and deliver contracts, conveyances, and | 60157 |
| other instruments necessary to the exercise and discharge of the | 60158 |
|
powers and duties of the | 60159 |
| (7) Promote, advertise, and publicize the Ohio college | 60160 |
| savings program and the variable college savings program; | 60161 |
| (8) Adopt rules under section 111.15 of the Revised Code for | 60162 |
| the implementation of the Ohio college savings program; | 60163 |
| (9) Contract, for the provision of all or part of the | 60164 |
| services necessary for the management and operation of the Ohio | 60165 |
| college savings program and the variable college savings program, | 60166 |
| with a bank, trust company, savings and loan association, | 60167 |
| insurance company, or licensed dealer in securities if the bank, | 60168 |
| company, association, or dealer is authorized to do business in | 60169 |
| this state and information about the contract is filed with the | 60170 |
| controlling board pursuant to division (D)(6) of section 127.16 of | 60171 |
| the Revised Code; | 60172 |
| (10) Contract for other services, or for goods, needed by the | 60173 |
| 60174 | |
| business under this chapter, including but not limited to credit | 60175 |
| card services; | 60176 |
| | 60177 |
| 60178 | |
| 60179 | |
| 60180 | |
| 60181 |
| | 60182 |
|
auditors, and other consultants as necessary to carry out | 60183 |
| chancellor's responsibilities under this chapter; | 60184 |
| | 60185 |
| or its political subdivisions or with private employers under | 60186 |
| which an employee may agree to have a designated amount deducted | 60187 |
| in each payroll period from the wages or salary due the employee | 60188 |
| for the purpose of purchasing tuition units pursuant to a tuition | 60189 |
| payment contract or making contributions pursuant to a variable | 60190 |
| college savings program contract; | 60191 |
| | 60192 |
| under which the treasurer of state will receive, and credit to the | 60193 |
| Ohio tuition trust fund or variable college savings program fund, | 60194 |
| from any bank or savings and loan association authorized to do | 60195 |
| business in this state, amounts that a depositor of the bank or | 60196 |
| association authorizes the bank or association to withdraw | 60197 |
| periodically from the depositor's account for the purpose of | 60198 |
| purchasing tuition units pursuant to a tuition payment contract or | 60199 |
| making contributions pursuant to a variable college savings | 60200 |
| program contract; | 60201 |
| | 60202 |
| person or governmental agency and participate in any governmental | 60203 |
| program; | 60204 |
| | 60205 |
| purchased on behalf of or assigned or awarded to any beneficiary | 60206 |
| and on the total amount of contributions that may be made on | 60207 |
| behalf of a beneficiary; | 60208 |
| | 60209 |
| individual for the original beneficiary under the Ohio college | 60210 |
| savings program; | 60211 |
| | 60212 |
| which tuition units may not be purchased on behalf of that | 60213 |
| beneficiary; | 60214 |
| | 60215 |
| treasurer of state to provide for the direct disbursement of | 60216 |
| payments under tuition payment or variable college savings program | 60217 |
| contracts; | 60218 |
| | 60219 |
| which tuition units or contributions may be used; | 60220 |
| | 60221 |
| savings program contract if no purchases or contributions are made | 60222 |
| for a period of three years or more and there are fewer than a | 60223 |
| total of five tuition units or less than a dollar amount set by | 60224 |
| rule on account, provided that notice of a possible termination | 60225 |
| shall be provided in advance, explaining any options to prevent | 60226 |
| termination, and a reasonable amount of time shall be provided | 60227 |
| within which to act to prevent a termination; | 60228 |
| | 60229 |
| or variable college savings program contract; | 60230 |
| | 60231 |
|
the duties and responsibilities of the | 60232 |
| pursuant to this chapter. | 60233 |
| (B) The | 60234 |
| 111.15 of the Revised Code for the implementation and | 60235 |
| administration of the variable college savings program. The rules | 60236 |
| shall provide taxpayers with the maximum tax advantages and | 60237 |
| flexibility consistent with section 529 of the Internal Revenue | 60238 |
| Code and regulations adopted thereunder with regard to disposition | 60239 |
| of contributions and earnings, designation of beneficiaries, and | 60240 |
| rollover of account assets to other programs. | 60241 |
| (C) Except as otherwise specified in this chapter, the | 60242 |
| provisions of Chapters 123., 125., and 4117. of the Revised Code | 60243 |
|
shall not apply to the | 60244 |
| 60245 | |
| 60246 | |
| 60247 | |
| 60248 | |
| exercise of duties and responsibilities under this chapter. | 60249 |
| Sec. 3334.09. (A) Except in the case of a scholarship | 60250 |
| program established in accordance with section 3334.17 of the | 60251 |
|
Revised Code, the chancellor of the Ohio
| 60252 |
| board of regents may enter into a tuition payment contract with | 60253 |
| any person for the purchase of tuition units if either the | 60254 |
| purchaser or the beneficiary is a resident of this state at the | 60255 |
| time the contract is entered into. A tuition payment contract | 60256 |
| shall allow any person to purchase tuition units at the price | 60257 |
|
determined by the
| 60258 |
| or 3334.12 of the Revised Code for the year in which the tuition | 60259 |
| unit is purchased. The purchaser shall name in the payment | 60260 |
| contract one specific individual as the beneficiary for the | 60261 |
| tuition units. | 60262 |
| In accordance with rules of the | 60263 |
| may be transferred to the credit of another beneficiary and a new | 60264 |
| beneficiary may be substituted for the beneficiary originally | 60265 |
| named in the contract. | 60266 |
| (B) Each tuition unit shall entitle the beneficiary to an | 60267 |
| amount equal to one per cent of the weighted average tuition. | 60268 |
| (C) Nothing in this chapter or in any tuition payment | 60269 |
| contract entered into pursuant to this chapter shall be construed | 60270 |
|
as a guarantee by the state, the | 60271 |
| institution of higher education that a beneficiary will be | 60272 |
| admitted to an institution of higher education, or, upon admission | 60273 |
| to an institution of higher education, will be permitted to | 60274 |
| continue to attend or will receive a degree from an institution of | 60275 |
| higher education. Nothing in this chapter or in any tuition | 60276 |
| payment contract entered into pursuant to this chapter shall be | 60277 |
| considered a guarantee that the beneficiary's cost of tuition at | 60278 |
| an institution of higher education other than a state institution | 60279 |
| of higher education will be covered in full by the proceeds of the | 60280 |
| beneficiary's tuition units. | 60281 |
| (D) The following information shall be disclosed in writing | 60282 |
| to each purchaser of tuition units and, where appropriate, to each | 60283 |
| entity establishing a scholarship program under section 3334.17 of | 60284 |
| the Revised Code: | 60285 |
| (1) The terms and conditions for the purchase and use of | 60286 |
| tuition units; | 60287 |
| (2) In the case of a contract described by division (A) of | 60288 |
| this section, any restrictions on the substitution of another | 60289 |
| individual for the original beneficiary and any restrictions on | 60290 |
| the transfer of ownership of units in the payment account; | 60291 |
| (3) The person or entity entitled to terminate the contract; | 60292 |
| (4) The terms and conditions under which the contract may be | 60293 |
| terminated and the amount of the refund, if any, to which the | 60294 |
| person or entity terminating the contract, or that person's or | 60295 |
| entity's designee, is entitled upon termination; | 60296 |
| (5) The obligation of the | 60297 |
| payments to a beneficiary, or an institution of higher education | 60298 |
| on behalf of a beneficiary, under division (B) of this section | 60299 |
| based upon the number of tuition units purchased on behalf of the | 60300 |
| beneficiary or awarded to the beneficiary pursuant to a | 60301 |
| scholarship program; | 60302 |
| (6) The method by which tuition units shall be applied toward | 60303 |
| payment of tuition and other higher education expenses if in any | 60304 |
| academic term the beneficiary is a part-time student; | 60305 |
| (7) The period of time during which a beneficiary may receive | 60306 |
| benefits under the contract; | 60307 |
| (8) The terms and conditions under which money may be wholly | 60308 |
| or partially withdrawn from the program, including, but not | 60309 |
| limited to, any reasonable charges and fees that may be imposed | 60310 |
| for withdrawal; | 60311 |
| (9) All other rights and obligations of the purchaser and the | 60312 |
| 60313 | |
| section 3334.12 of the Revised Code, and any other terms, | 60314 |
|
conditions, and provisions the | 60315 |
| necessary and appropriate. | 60316 |
| (E) A tuition payment contract may provide that the
| 60317 |
| chancellor will pay directly to the institution of higher | 60318 |
| education in which a beneficiary is enrolled during a term the | 60319 |
| amount represented by the tuition units being used that term. | 60320 |
| (F) A tuition payment contract described by division (A) of | 60321 |
| this section may provide that if the contract has not been | 60322 |
| terminated or units purchased under the contract have not been | 60323 |
| applied toward the payment of tuition or other higher education | 60324 |
|
expenses within a
specified period of time, the | 60325 |
| chancellor may, after making a reasonable effort to locate the | 60326 |
| purchaser of the tuition units, the beneficiary, and any person | 60327 |
| designated in the contract to act on behalf of the purchaser of | 60328 |
| the units or the beneficiary, terminate the contract and retain | 60329 |
| the amounts payable under the contract. | 60330 |
| (G) If, at any time after tuition units are purchased on | 60331 |
| behalf of a beneficiary or awarded to a beneficiary or pursuant to | 60332 |
| a scholarship program, the beneficiary becomes a nonresident of | 60333 |
| this state, or, if the beneficiary was not a resident of this | 60334 |
| state at the time the tuition payment contract was entered into, | 60335 |
| the purchaser becomes a nonresident of this state, units purchased | 60336 |
| or awarded while the beneficiary was a resident may be applied on | 60337 |
| behalf of the beneficiary toward the payment of tuition at an | 60338 |
| institution of higher education and other higher education | 60339 |
| expenses in the manner specified in division (B) of this section, | 60340 |
| except that if the beneficiary enrolls in a state institution of | 60341 |
| higher education, the beneficiary shall be responsible for payment | 60342 |
| of all nonresident fees charged to out-of-state residents by the | 60343 |
| institution in which the beneficiary is enrolled. | 60344 |
| Sec. 3334.10. Divisions (A) and (B) of this section do not | 60345 |
| apply to scholarship programs established under section 3334.17 of | 60346 |
| the Revised Code. | 60347 |
| (A) Unless otherwise provided for in the tuition payment | 60348 |
| contract, the purchaser may rollover amounts to another qualified | 60349 |
| tuition program under section 529 of the Internal Revenue Code or | 60350 |
| terminate the contract for any reason by filing written notice | 60351 |
|
with the chancellor of the Ohio | 60352 |
| regents. | 60353 |
| (1) If the contract is terminated and the beneficiary is | 60354 |
|
under eighteen years of age, the | 60355 |
| actuarially sound principles to determine the amount of the | 60356 |
| refund. | 60357 |
| (2) If the contract is terminated because of the death or | 60358 |
| permanent disability of the beneficiary, the amount of the refund | 60359 |
| shall be equal to the greater of the following: | 60360 |
| (a) One per cent of the weighted average tuition in the | 60361 |
| academic year the refund is paid, multiplied by the number of | 60362 |
| tuition units purchased and not used; | 60363 |
| (b) The total purchase price of all tuition units purchased | 60364 |
| for the beneficiary and not used. | 60365 |
| (3) If all or part of the amount accrued under the contract | 60366 |
| is liquidated for a rollover to another qualified tuition program | 60367 |
| under section 529 of the Internal Revenue Code, the rollover | 60368 |
| amount shall be determined in an actuarially sound manner. | 60369 |
| (B) The contributor of a variable college savings program | 60370 |
| account may rollover amounts to another qualified tuition program | 60371 |
| under section 529 of the Internal Revenue Code or terminate the | 60372 |
|
account for any
reason by filing written notice with the | 60373 |
| 60374 |
| The contributor may receive an amount equal to the account | 60375 |
| balance, less any applicable administrative fees. | 60376 |
| (C) A scholarship program may request a refund of tuition | 60377 |
| units in the program's account by filing a written request with | 60378 |
|
the | 60379 |
| that established the scholarship program or, with that entity's | 60380 |
|
approval, to the
| 60381 |
| federal tax law. The amount of any refund shall be determined by | 60382 |
|
the | 60383 |
| refunds made on account of scholarships under section 529 of the | 60384 |
| Internal Revenue Code. | 60385 |
| (D) The | 60386 |
| account for each variable college savings contract entered into | 60387 |
| pursuant to division (A) of section 3334.18 of the Revised Code | 60388 |
| for contributions made on behalf of a beneficiary, showing the | 60389 |
| name of the beneficiary of that contract and the amount of | 60390 |
| contributions made pursuant to that contract. Upon request of any | 60391 |
|
beneficiary or contributor, the | 60392 |
| a statement indicating, in the case of a beneficiary, the amount | 60393 |
| of contributions made pursuant to that contract on behalf of the | 60394 |
| beneficiary, or, in the case of a contributor, contributions made, | 60395 |
| disbursed, or refunded pursuant to that contract. | 60396 |
| Sec. 3334.11. (A) The assets | 60397 |
| 60398 | |
| pursuant to tuition payment contracts shall be placed in a fund, | 60399 |
| which is hereby created and shall be known as the Ohio tuition | 60400 |
| trust fund. The fund shall be in the custody of the treasurer of | 60401 |
| state, but shall not be part of the state treasury. That portion | 60402 |
|
of payments received by the | 60403 |
| of regents or the treasurer of state from persons purchasing | 60404 |
|
tuition units under
tuition payment contracts that the | 60405 |
| chancellor determines is actuarially necessary for the payment of | 60406 |
|
obligations | 60407 |
| contracts, all interest and investment income earned by the fund, | 60408 |
|
and all other receipts of
the | 60409 |
|
source that the | 60410 |
| be deposited in the fund. No purchaser or beneficiary of tuition | 60411 |
| units shall have any claim against the funds of any state | 60412 |
| institution of higher education. All investment fees and other | 60413 |
| costs incurred in connection with the exercise of the investment | 60414 |
|
powers of the | 60415 |
| (E) of this section shall be paid from the assets of the fund. | 60416 |
| (B) Unless otherwise provided by the | 60417 |
| the assets of the Ohio tuition trust fund shall be expended in the | 60418 |
| following order: | 60419 |
| (1) To make payments to beneficiaries, or institutions of | 60420 |
| higher education on behalf of beneficiaries, under division (B) of | 60421 |
| section 3334.09 of the Revised Code; | 60422 |
| (2) To make refunds as provided in divisions (A) and (C) of | 60423 |
| section 3334.10 of the Revised Code; | 60424 |
| (3) To pay the investment fees and other costs of | 60425 |
| administering the fund. | 60426 |
| (C)(1) Except as may be provided in an agreement under | 60427 |
|
division (A) | 60428 |
| disbursements from the Ohio tuition trust fund shall be made by | 60429 |
|
the treasurer of state on order of a designee of the | 60430 |
| chancellor. | 60431 |
| (2) The treasurer of state shall deposit any portion of the | 60432 |
| Ohio tuition trust fund not needed for immediate use in the same | 60433 |
| manner as state funds are deposited. | 60434 |
| (D) The | 60435 |
|
tuition trust
fund. The | 60436 |
| to invest the assets of the fund and in exercising this power | 60437 |
| shall be subject to the limitations and requirements contained in | 60438 |
| divisions (K) to (M) of this section and sections 145.112 and | 60439 |
| 145.113 of the Revised Code. The evidences of title of all | 60440 |
| investments shall be delivered to the treasurer of state or to a | 60441 |
| qualified trustee designated by the treasurer of state as provided | 60442 |
| in section 135.18 of the Revised Code. Assets of the fund shall be | 60443 |
|
administered by the | 60444 |
| be actuarially sound so that the assets of the fund will be | 60445 |
|
sufficient to satisfy the obligations | 60446 |
| tuition payment contracts and defray the reasonable expenses of | 60447 |
| administering the fund. | 60448 |
| (E) | 60449 |
| 60450 | |
| 60451 | |
| business, entity, or government agency to carry out the | 60452 |
| chancellor's investment powers provided in division (D) of this | 60453 |
|
section | 60454 |
| 60455 | |
| 60456 | |
|
exercised by the | 60457 |
|
manner
agreed upon by the | 60458 |
| return on investment and minimizes the administrative expenses. | 60459 |
| (F)(1) The | 60460 |
| account for each tuition payment contract entered into pursuant to | 60461 |
| division (A) of section 3334.09 of the Revised Code for the | 60462 |
| purchase of tuition units on behalf of a beneficiary or | 60463 |
| beneficiaries showing the beneficiary or beneficiaries of that | 60464 |
| contract and the number of tuition units purchased pursuant to | 60465 |
| that contract. Upon request of any beneficiary or person who has | 60466 |
|
entered into a
tuition payment contract, the | 60467 |
| shall provide a statement indicating, in the case of a | 60468 |
| beneficiary, the number of tuition units purchased on behalf of | 60469 |
| the beneficiary, or in the case of a person who has entered into a | 60470 |
| tuition payment contract, the number of tuition units purchased, | 60471 |
| used, or refunded pursuant to that contract. A beneficiary and | 60472 |
| person that have entered into a tuition payment contract each may | 60473 |
| file only one request under this division in any year. | 60474 |
| (2) The | 60475 |
| each scholarship program showing the number of tuition units that | 60476 |
| have been purchased for or donated to the program and the number | 60477 |
| of tuition units that have been used. Upon the request of the | 60478 |
|
entity that established the scholarship program, the | 60479 |
| chancellor shall provide a statement indicating these numbers. | 60480 |
| (G) In addition to the Ohio tuition trust fund, there is | 60481 |
| hereby established a reserve fund that shall be in the custody of | 60482 |
| the treasurer of state but shall not be part of the state | 60483 |
| treasury, and shall be known as the Ohio tuition trust reserve | 60484 |
| fund, and an operating fund that shall be part of the state | 60485 |
| treasury, and shall be known as the Ohio tuition trust operating | 60486 |
|
fund. That portion of payments received by the | 60487 |
| chancellor or the treasurer of state from persons purchasing | 60488 |
|
tuition units under
tuition payment contracts that the | 60489 |
| chancellor determines is not actuarially necessary for the payment | 60490 |
|
of obligations | 60491 |
| contracts, any interest and investment income earned by the | 60492 |
| reserve fund, any administrative charges and fees imposed by the | 60493 |
| 60494 | |
| purchasers or beneficiaries of tuition units, and all other | 60495 |
|
receipts from any other source that
the
| 60496 |
| determines appropriate, shall be deposited in the reserve fund to | 60497 |
|
pay the operating expenses of the | 60498 |
| costs of administering the program. The assets of the reserve fund | 60499 |
| may be invested in the same manner and subject to the same | 60500 |
| limitations set forth in divisions (D), (E), and (K) to (M) of | 60501 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 60502 |
| All investment fees and other costs incurred in connection with | 60503 |
| the exercise of the investment powers shall be paid from the | 60504 |
| assets of the reserve fund. Except as otherwise provided for in | 60505 |
|
this chapter, all operating expenses of the
| 60506 |
| and costs of administering the program shall be paid from the | 60507 |
|
operating fund. The treasurer shall, upon request of
the | 60508 |
| chancellor, transfer funds from the reserve fund to the operating | 60509 |
|
fund as the | 60510 |
|
those current operating expenses | 60511 |
|
administering the program as the | 60512 |
| Any interest or investment income earned on the assets of the | 60513 |
| operating fund shall be deposited in the operating fund. | 60514 |
| (H) In January of each year the | 60515 |
| report to each person who received any payments or refunds under | 60516 |
|
this chapter from the
| 60517 |
| year information relative to the value of the payments or refunds | 60518 |
| to assist in determining that person's tax liability. | 60519 |
| (I) The | 60520 |
| commissioner any information, and at the times, as the tax | 60521 |
| commissioner requires to determine any tax liability that a person | 60522 |
| may have incurred during the preceding year as a result of having | 60523 |
|
received
any payments or refunds from the | 60524 |
| (J) All records of the | 60525 |
| identity of purchasers and beneficiaries of tuition units or | 60526 |
| college savings bonds, the number of tuition units purchased, | 60527 |
| used, or refunded under a tuition payment contract, and the number | 60528 |
| of college savings bonds purchased, held, or redeemed are not | 60529 |
| public records within the meaning of section 149.43 of the Revised | 60530 |
| Code. | 60531 |
| (K) The | 60532 |
| discharge their duties with respect to the funds with care, skill, | 60533 |
| prudence, and diligence under the circumstances then prevailing | 60534 |
| that a prudent person acting in a like capacity and familiar with | 60535 |
| such matters would use in the conduct of an enterprise of a like | 60536 |
| character and with like aims; and by diversifying the investments | 60537 |
| of the assets of the funds so as to minimize the risk of large | 60538 |
| losses, unless under the circumstances it is clearly prudent not | 60539 |
| to do so. | 60540 |
| To facilitate investment of the funds, the | 60541 |
| chancellor may establish a partnership, trust, limited liability | 60542 |
| company, corporation, including a corporation exempt from taxation | 60543 |
| under the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as | 60544 |
| amended, or any other legal entity authorized to transact business | 60545 |
| in this state. | 60546 |
| (L) In exercising | 60547 |
| responsibility with respect to the investment of the assets of the | 60548 |
|
funds, it shall be the
intent of the | 60549 |
| consideration to investments that enhance the general welfare of | 60550 |
| the state and its citizens where the investments offer quality, | 60551 |
| return, and safety comparable to other investments currently | 60552 |
|
available to the | 60553 |
| equal consideration shall also be given to investments otherwise | 60554 |
| qualifying under this section that involve minority owned and | 60555 |
| controlled firms and firms owned and controlled by women, either | 60556 |
| alone or in joint venture with other firms. | 60557 |
| The
| 60558 |
| establish policies, objectives, or criteria for the operation of | 60559 |
| the investment program that include asset allocation targets and | 60560 |
| ranges, risk factors, asset class benchmarks, time horizons, total | 60561 |
| return objectives, and performance evaluation guidelines. In | 60562 |
| 60563 | |
|
agents and investment managers with
whom the | 60564 |
| may contract for the administration of the assets of the funds, | 60565 |
|
the | 60566 |
| aside approximately fifteen per cent of the contracts for minority | 60567 |
| owned and controlled firms, firms owned and controlled by women, | 60568 |
| and ventures involving minority owned and controlled firms and | 60569 |
| firms owned and controlled by women that otherwise meet the | 60570 |
|
policies and
criteria
established by the | 60571 |
| 60572 | |
| 60573 | |
|
publish | 60574 |
| provision no less often than annually and shall make copies | 60575 |
| available to interested parties. | 60576 |
| When reporting on the performance of investments, the | 60577 |
| 60578 | |
| presentation standards established by the association for | 60579 |
| investment management and research. | 60580 |
| (M) All investments shall be purchased at current market | 60581 |
| prices and the evidences of title of the investments shall be | 60582 |
| placed in the hands of the treasurer of state, who is hereby | 60583 |
| designated as custodian thereof, or in the hands of the treasurer | 60584 |
| of state's authorized agent. The treasurer of state or the agent | 60585 |
| shall collect the principal, dividends, distributions, and | 60586 |
| interest thereon as they become due and payable and place them | 60587 |
| when so collected into the custodial funds. | 60588 |
| The treasurer of state shall pay for investments purchased by | 60589 |
|
the
| 60590 |
|
instructions from the | 60591 |
| chancellor's designated agent authorizing the purchase and pending | 60592 |
| receipt of the evidence of title of the investment by the | 60593 |
| treasurer of state or the treasurer of state's authorized agent. | 60594 |
|
The | 60595 |
| 60596 | |
| of state's authorized agent shall accept payment from the | 60597 |
| purchaser and deliver evidence of title of the investment to the | 60598 |
| purchaser on receipt of written or electronic instructions from | 60599 |
|
the | 60600 |
| designated agent authorizing the sale, and pending receipt of the | 60601 |
| moneys for the investments. The amount received shall be placed in | 60602 |
|
the custodial funds.
The | 60603 |
| of state may enter into agreements to establish procedures for the | 60604 |
| purchase and sale of investments under this division and the | 60605 |
| custody of the investments. | 60606 |
| No purchase or sale of any investment shall be made under | 60607 |
|
this section
except as authorized by the | 60608 |
| Any statement of financial position distributed by the | 60609 |
| 60610 | |
|
date, of all investments held by the
| 60611 |
| this section. | 60612 |
| Sec. 3334.111. (A) As used in this section: | 60613 |
| (1) "Minority business enterprise" has the meaning defined in | 60614 |
| section 122.71 of the Revised Code. | 60615 |
| (2) "Women's business enterprise" means a business, or a | 60616 |
| partnership, corporation, limited liability company, or joint | 60617 |
| venture of any kind, that is owned and controlled by women who are | 60618 |
| United States citizens and residents of this state. | 60619 |
| (B) The chancellor of the board of regents shall submit | 60620 |
| annually to the governor and to the general assembly (under | 60621 |
| section 101.68 of the Revised Code) a report containing the | 60622 |
| following information: | 60623 |
| (1) The name of each investment manager that is a minority | 60624 |
| business enterprise or a women's business enterprise with which | 60625 |
| the chancellor contracts; | 60626 |
| (2) The amount of assets managed by investment managers that | 60627 |
| are minority business enterprises or women's business enterprises, | 60628 |
| expressed as a percentage of assets managed by investment managers | 60629 |
| with which the chancellor has contracted; | 60630 |
| (3) Efforts by the chancellor to increase utilization of | 60631 |
| investment managers that are minority business enterprises or | 60632 |
| women's business enterprises. | 60633 |
| Sec. 3334.12. Notwithstanding anything to the contrary in | 60634 |
| sections 3334.07 and 3334.09 of the Revised Code: | 60635 |
| (A) Annually, the chancellor of the Ohio | 60636 |
| 60637 | |
| the Ohio tuition trust fund evaluated by a nationally recognized | 60638 |
| actuary and shall determine whether additional assets are | 60639 |
|
necessary to defray | 60640 |
|
the | 60641 |
|
circumstances
arise that the | 60642 |
| determines necessitate an additional evaluation of the actuarial | 60643 |
|
soundness of the fund, the | 60644 |
| have a nationally recognized actuary conduct the necessary | 60645 |
| evaluation. If the assets of the fund are insufficient to ensure | 60646 |
|
the actuarial
soundness of the fund, the | 60647 |
| shall adjust the price of subsequent purchases of tuition units to | 60648 |
| the extent necessary to help restore the actuarial soundness of | 60649 |
| the fund. If, at any time, the adjustment is likely, in the | 60650 |
|
opinion of the
| 60651 |
| of tuition units to an extent that the continued sale of the units | 60652 |
| likely would not restore the actuarial soundness of the fund and | 60653 |
| external economic factors continue to negatively impact the | 60654 |
|
soundness of the program, the | 60655 |
| sales, either permanently or temporarily, of tuition units. During | 60656 |
|
any suspension, the | 60657 |
| existing college savings program accounts. | 60658 |
| (B) Upon termination of the program or liquidation of the | 60659 |
| Ohio tuition trust fund, the Ohio tuition trust reserve fund, and | 60660 |
| the Ohio tuition trust operating fund, any remaining assets of the | 60661 |
| funds after all obligations of the funds have been satisfied | 60662 |
| pursuant to division (B) of section 3334.11 of the Revised Code | 60663 |
| shall be transferred to the general revenue fund of the state. | 60664 |
| (C) The | 60665 |
| audited an annual financial report on all financial activity of | 60666 |
|
the | 60667 |
|
within ninety days of the end of the
fiscal year. The | 60668 |
| chancellor shall transmit a copy of the audited financial report | 60669 |
| to the governor, the president of the senate, the speaker of the | 60670 |
| house of representatives, and the minority leaders of the senate | 60671 |
| and the house of representatives. Copies of the audited financial | 60672 |
| report also shall be made available, upon request, to the persons | 60673 |
|
entering into
contracts with the
| 60674 |
| prospective purchasers of tuition units and prospective | 60675 |
| contributors to variable college savings program accounts. | 60676 |
| Sec. 3334.16. The general assembly hereby finds that the | 60677 |
|
prepaid tuition
program providing
for the sale of tuition
| 60678 |
|
units by the chancellor of the Ohio | 60679 |
| of regents is an official state function, offered through an | 60680 |
| agency of this state, which agency receives state appropriations. | 60681 |
|
Therefore, the
| 60682 |
|
Ohio to assume
| 60683 |
| liability. | 60684 |
| Sec. 3334.17. (A) The state, any political subdivision of | 60685 |
| the state, and any organization that is exempt from federal income | 60686 |
| taxation under section 501 (a) and described in section 501 (c)(3) | 60687 |
| of the Internal Revenue Code, including the chancellor of the Ohio | 60688 |
| 60689 | |
| under federal tax law, may establish a scholarship program to | 60690 |
| award scholarships consisting of contributions made to any college | 60691 |
| savings program for students. Any scholarship program established | 60692 |
|
under
this
section shall be registered with the
| 60693 |
| chancellor. The | 60694 |
| and address of each scholarship beneficiary under the program, the | 60695 |
| amounts awarded, and the institution of higher education in which | 60696 |
| the beneficiary is enrolled. Scholarship beneficiaries shall be | 60697 |
| selected by the entity establishing the scholarship program, in | 60698 |
| accordance with criteria established by the entity. | 60699 |
| (B) Any person or governmental entity may purchase tuition | 60700 |
| units on behalf of a scholarship program that is or is to be | 60701 |
| established in accordance with division (A) of this section at the | 60702 |
| same price as is established for the purchase of units for named | 60703 |
| beneficiaries pursuant to this chapter. Tuition units shall have | 60704 |
| the same value to the beneficiary of a scholarship awarded | 60705 |
| pursuant to this section as they would have to any other | 60706 |
| beneficiary pursuant to division (B) of section 3334.09 of the | 60707 |
| Revised Code. | 60708 |
| (C) The entity establishing and maintaining a scholarship | 60709 |
| program shall specify whether a scholarship beneficiary may | 60710 |
| receive a refund or payment for the amount awarded under the | 60711 |
|
scholarship program directly
from the
| 60712 |
|
whether the amount
awarded shall be
paid by the | 60713 |
| chancellor only to the institution of higher education in which | 60714 |
| the student is enrolled. | 60715 |
| (D) If a scholarship beneficiary does not use the amount | 60716 |
| awarded within a length of time specified under the scholarship | 60717 |
| program, the amount may be awarded to another beneficiary. | 60718 |
| Sec. 3334.18. (A) A variable college savings program | 60719 |
|
established by the chancellor of the Ohio | 60720 |
| board of regents shall include provisions for a contract to be | 60721 |
|
entered into between
a contributor
and
the | 60722 |
| that will authorize the contributor to open an account for a | 60723 |
| beneficiary and authorize the contributor to substitute a new | 60724 |
| beneficiary for one originally named in the contract, to the | 60725 |
| extent permitted by section 529 of the Internal Revenue Code. | 60726 |
| (B) The | 60727 |
| safeguards to prevent total contributions to a variable college | 60728 |
| savings program account or purchases of tuition units, either | 60729 |
| separately or combined, that are made on behalf of a beneficiary | 60730 |
| from exceeding the amount necessary to provide for the tuition and | 60731 |
| other higher education expenses of the beneficiary, consistent | 60732 |
| with the maximum contributions permitted by section 529 of the | 60733 |
| Internal Revenue Code. However, in no event shall contributions or | 60734 |
| purchases exceed the allowable limit for a qualified tuition | 60735 |
| program under section 529 of the Internal Revenue Code. | 60736 |
| (C)(1) Participation in the variable college savings program | 60737 |
| does not guarantee that contributions and the investment return on | 60738 |
| contributions, if any, will be adequate to cover future tuition | 60739 |
| and other higher education expenses or that a beneficiary will be | 60740 |
| admitted to or permitted to continue to attend an institution of | 60741 |
| higher education. | 60742 |
| (2) Returns on contributors' investments in the variable | 60743 |
| college savings program are not guaranteed by the state and the | 60744 |
| contributors to the variable college savings program assume all | 60745 |
| investment risk, including the potential loss of principal and | 60746 |
| liability for penalties such as those levied for noneducational | 60747 |
| withdrawals. | 60748 |
| (3) The state shall have no debt or obligation to any | 60749 |
| contributor, beneficiary, or any other person as a result of the | 60750 |
| establishment of the program, and the state assumes no risk or | 60751 |
| liability for funds invested in the variable college savings | 60752 |
| program. | 60753 |
| (4) Informational materials about the variable college | 60754 |
|
savings
program prepared by the | 60755 |
| chancellor's agents and provided to prospective contributors shall | 60756 |
| state clearly the information set forth in division (C) of this | 60757 |
| section. | 60758 |
| Sec. 3334.19. (A) The chancellor of the Ohio | 60759 |
| 60760 | |
| sets forth investment policies and guidelines to be utilized in | 60761 |
| administering the variable college savings program. Except as | 60762 |
|
provided in
section 3334.20 of the
Revised Code, the | 60763 |
| chancellor shall contract with one or more insurance companies, | 60764 |
| banks, or other financial institutions to act as its investment | 60765 |
|
agents and to
provide such services as the
| 60766 |
| considers appropriate to the investment plan, including: | 60767 |
| (1) Purchase, control, and safekeeping of assets; | 60768 |
| (2) Record keeping and accounting for individual accounts and | 60769 |
| for the program as a whole; | 60770 |
| (3) Provision of consolidated statements of account. | 60771 |
| (B) The | 60772 |
| investment agents shall maintain a separate account for the | 60773 |
| beneficiary of each contract entered into under the variable | 60774 |
| college savings program. If a beneficiary has more than one such | 60775 |
|
account, the | 60776 |
| shall track total contributions and earnings and provide a | 60777 |
| consolidated system of account distributions to institutions of | 60778 |
| higher education. | 60779 |
| (C) The
| 60780 |
| investment agents may place assets of the program in savings | 60781 |
| accounts and may purchase fixed or variable life insurance or | 60782 |
| annuity contracts, securities, evidence of indebtedness, or other | 60783 |
| investment products pursuant to the investment plan. | 60784 |
| (D) Contributors shall not direct the investment of their | 60785 |
|
contributions under the investment plan. The | 60786 |
| shall impose other limits on contributors' investment discretion | 60787 |
| to the extent required under section 529 of the Internal Revenue | 60788 |
| Code. | 60789 |
| (E) The investment agents with which the | 60790 |
| contracts shall discharge their duties with respect to program | 60791 |
| funds with the care and diligence that a prudent person familiar | 60792 |
| with such matters and with the character and aims of the program | 60793 |
| would use. | 60794 |
| (F) The assets of the program shall be preserved, invested, | 60795 |
| and expended solely for the purposes of this chapter and shall not | 60796 |
| be loaned or otherwise transferred or used by the state for any | 60797 |
| other purpose. This section shall not be construed to prohibit the | 60798 |
|
investment agents of the | 60799 |
| purchase or otherwise, in bonds, notes, or other obligations of | 60800 |
| the state or any agency or instrumentality of the state. Unless | 60801 |
|
otherwise
specified by the
| 60802 |
| program shall be expended in the following order of priority: | 60803 |
| (1) To make payments on behalf of beneficiaries; | 60804 |
| (2) To make refunds upon termination of variable college | 60805 |
| savings program contracts; | 60806 |
| (3) To pay the
| 60807 |
| administering the program; | 60808 |
| (4) To pay or cover any other expenditure or disbursement the | 60809 |
| 60810 |
| (G) Fees, charges, and other costs imposed or collected by | 60811 |
|
the | 60812 |
| savings program, including any fees or other payments that the | 60813 |
| 60814 | |
| 60815 | |
| operating fund or the index operating fund at the discretion of | 60816 |
|
the | 60817 |
| state treasury. Expenses incurred in the administration of the | 60818 |
| variable college savings program, as well as other expenses, | 60819 |
|
disbursements, or payments the | 60820 |
| appropriate for the benefit of any college savings programs | 60821 |
|
administered by the | 60822 |
| its citizens, shall be paid from the variable operating fund or | 60823 |
|
the index operating fund at the discretion of the | 60824 |
| chancellor. | 60825 |
| (H) No records | 60826 |
| purchasers, contributors, and beneficiaries under the program or | 60827 |
| amounts contributed to, earned by, or distributed from program | 60828 |
| accounts are public records within the meaning of section 149.43 | 60829 |
| of the Revised Code. | 60830 |
| Sec. 3334.20. (A) As used in this section, "state agency" | 60831 |
| means every department, bureau, board, commission, office, or | 60832 |
| other organized body established by the constitution or laws of | 60833 |
| this state for the exercise of state government. | 60834 |
| (B) If a condition arises concerning the investment of funds | 60835 |
| received under the variable college savings program and requiring | 60836 |
| an interim period for investment of program funds, which condition | 60837 |
| is determined pursuant to division (D) of this section, the | 60838 |
| chancellor of the Ohio
| 60839 |
| shall choose the treasurer of state, a state agency having | 60840 |
| investment authority, or an investment agent under contract with | 60841 |
|
the | 60842 |
| investment plan established under division (A) of section 3334.19 | 60843 |
| of the Revised Code. The treasurer of state, state agency, or | 60844 |
|
investment agent chosen by the | 60845 |
| this division shall be subject to the requirements and conditions | 60846 |
| that apply to investment agents specified in section 3334.19 of | 60847 |
| the Revised Code. | 60848 |
| (C) The | 60849 |
|
program. During
the interim period, the | 60850 |
| receive and hold all payments, deposits, and contributions, as | 60851 |
| well as gifts, bequests, endowments, and federal, state, or local | 60852 |
| grants and any funds from any other source, public or private, and | 60853 |
| all earnings, until disbursed to pay tuition or other higher | 60854 |
| education expenses or refunds pursuant to college savings plans | 60855 |
|
contracts. The
| 60856 |
|
segregated from all other assets
| 60857 |
| (D) The | 60858 |
| 111.15 of the Revised Code defining the conditions under which an | 60859 |
| interim investment period is required and this section applies. | 60860 |
| The rules shall include any condition requiring the termination of | 60861 |
| the interim period and the authority to contract with alternative | 60862 |
| investment agents pursuant to section 3334.19 of the Revised Code | 60863 |
| and any other requirements that apply during the interim | 60864 |
| investment period. | 60865 |
| (E) When the interim period for investment of program funds | 60866 |
| terminates, the investment agents selected pursuant to section | 60867 |
| 3334.19 of the Revised Code for the investment of program funds | 60868 |
| shall have the sole authority to invest program funds pursuant to | 60869 |
| the investment plan established under division (A) of that section | 60870 |
| and shall be subject to that section. | 60871 |
| Sec. 3334.21. The variable college savings program may be | 60872 |
| terminated by statute or upon the determination of the chancellor | 60873 |
|
of the Ohio
| 60874 |
| program is not financially feasible. Upon termination, all | 60875 |
| amounts held in program accounts shall be returned to account | 60876 |
| owners, to the extent possible, and any unclaimed assets in the | 60877 |
| program shall be transferred to the unclaimed funds trust fund and | 60878 |
| disposed of in accordance with section 169.05 of the Revised Code. | 60879 |
| Sec. 3345.011. "State university" means a public institution | 60880 |
| of higher education which is a body politic and corporate. Each of | 60881 |
| the following institutions of higher education shall be recognized | 60882 |
| as a state university: university of Akron, Bowling Green state | 60883 |
| university, Central state university, university of Cincinnati, | 60884 |
| Cleveland state university, Kent state university, Miami | 60885 |
| university, Ohio university, Ohio state university, Shawnee state | 60886 |
| university, university of Toledo, Wright state university, and | 60887 |
| Youngstown state university. | 60888 |
| "State institution of higher education" means any state | 60889 |
| university or college as defined in division (A)(1) of section | 60890 |
| 3345.12 of the Revised Code, community college, state community | 60891 |
| college, university branch established under Chapter 3355. of the | 60892 |
| Revised Code, or technical college. | 60893 |
| "University system of Ohio" means the collective group of all | 60894 |
| of the state institutions of higher education. | 60895 |
| "Member of the university system of Ohio" means any | 60896 |
| individual state institution of higher education. | 60897 |
| Sec. 3345.12. (A) As used in this section and sections | 60898 |
| 3345.07 and 3345.11 of the Revised Code, in other sections of the | 60899 |
| Revised Code that make reference to this section unless the | 60900 |
| context does not permit, and in related bond proceedings unless | 60901 |
| otherwise expressly provided: | 60902 |
| (1) "State university or college" means each of the state | 60903 |
| universities identified in section 3345.011 of the Revised Code | 60904 |
| and the northeastern Ohio universities college of medicine, and | 60905 |
| includes its board of trustees. | 60906 |
| (2) "Institution of higher education" or "institution" means | 60907 |
| a state university or college, or a community college district, | 60908 |
| technical college district, university branch district, or state | 60909 |
| community college, and includes the applicable board of trustees | 60910 |
| or, in the case of a university branch district, any other | 60911 |
| managing authority. | 60912 |
| (3) "Housing and dining facilities" means buildings, | 60913 |
| structures, and other improvements, and equipment, real estate, | 60914 |
| and interests in real estate therefor, to be used for or in | 60915 |
| connection with dormitories or other living quarters and | 60916 |
| accommodations, or related dining halls or other food service and | 60917 |
| preparation facilities, for students, members of the faculty, | 60918 |
| officers, or employees of the institution of higher education, and | 60919 |
| their spouses and families. | 60920 |
| (4) "Auxiliary facilities" means buildings, structures, and | 60921 |
| other improvements, and equipment, real estate, and interests in | 60922 |
| real estate therefor, to be used for or in connection with student | 60923 |
| activity or student service facilities, housing and dining | 60924 |
| facilities, dining halls, and other food service and preparation | 60925 |
| facilities, vehicular parking facilities, bookstores, athletic and | 60926 |
| recreational facilities, faculty centers, auditoriums, assembly | 60927 |
| and exhibition halls, hospitals, infirmaries and other medical and | 60928 |
| health facilities, research, and continuing education facilities. | 60929 |
| (5) "Education facilities" means buildings, structures, and | 60930 |
| other improvements, and equipment, real estate, and interests in | 60931 |
| real estate therefor, to be used for or in connection with, | 60932 |
| classrooms or other instructional facilities, libraries, | 60933 |
| administrative and office facilities, and other facilities, other | 60934 |
| than auxiliary facilities, to be used directly or indirectly for | 60935 |
| or in connection with the conduct of the institution of higher | 60936 |
| education. | 60937 |
| (6) "Facilities" means housing and dining facilities, | 60938 |
| auxiliary facilities, or education facilities, and includes any | 60939 |
| one, part of, or any combination of such facilities, and further | 60940 |
| includes site improvements, utilities, machinery, furnishings, and | 60941 |
| any separate or connected buildings, structures, improvements, | 60942 |
| sites, open space and green space areas, utilities or equipment to | 60943 |
| be used in, or in connection with the operation or maintenance of, | 60944 |
| or supplementing or otherwise related to the services or | 60945 |
| facilities to be provided by, such facilities. | 60946 |
| (7) "Obligations" means bonds or notes or other evidences of | 60947 |
| obligation, including interest coupons pertaining thereto, | 60948 |
| authorized to be issued under this section or section 3345.07, | 60949 |
| 3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised | 60950 |
| Code. | 60951 |
| (8) "Bond service charges" means principal, including any | 60952 |
| mandatory sinking fund or redemption requirements for the | 60953 |
| retirement of obligations or assurances, interest, or interest | 60954 |
| equivalent and other accreted amounts, and any call premium | 60955 |
| required to be paid on obligations or assurances. | 60956 |
| (9) "Bond proceedings" means the resolutions, trust | 60957 |
| agreement, indenture, and other agreements and credit enhancement | 60958 |
| facilities, and amendments and supplements to the foregoing, or | 60959 |
| any one or more or combination thereof, authorizing, awarding, or | 60960 |
| providing for the terms and conditions applicable to, or providing | 60961 |
| for the security or liquidity of, obligations or assurances, and | 60962 |
| the provisions contained in those obligations or assurances. | 60963 |
| (10) "Costs of facilities" means the costs of acquiring, | 60964 |
| constructing, reconstructing, rehabilitating, remodeling, | 60965 |
| renovating, enlarging, improving, equipping, or furnishing | 60966 |
| facilities, and the financing thereof, including the cost of | 60967 |
| clearance and preparation of the site and of any land to be used | 60968 |
| in connection with facilities, the cost of any indemnity and | 60969 |
| surety bonds and premiums on insurance, all related direct | 60970 |
| administrative expenses and allocable portions of direct costs of | 60971 |
| the institution of higher education or state agency, cost of | 60972 |
| engineering, architectural services, design, plans, specifications | 60973 |
| and surveys, estimates of cost, legal fees, fees and expenses of | 60974 |
| trustees, depositories, bond registrars, and paying agents for the | 60975 |
| obligations, cost of issuance of the obligations and financing | 60976 |
| costs and fees and expenses of financial advisers and consultants | 60977 |
| in connection therewith, interest on the obligations from the date | 60978 |
| thereof to the time when interest is to be covered by available | 60979 |
| receipts or other sources other than proceeds of the obligations, | 60980 |
| amounts necessary to establish reserves as required by the bond | 60981 |
| proceedings, costs of audits, the reimbursements of all moneys | 60982 |
| advanced or applied by or borrowed from the institution or others, | 60983 |
| from whatever source provided, including any temporary advances | 60984 |
| from state appropriations, for the payment of any item or items of | 60985 |
| cost of facilities, and all other expenses necessary or incident | 60986 |
| to planning or determining feasibility or practicability with | 60987 |
| respect to facilities, and such other expenses as may be necessary | 60988 |
| or incident to the acquisition, construction, reconstruction, | 60989 |
| rehabilitation, remodeling, renovation, enlargement, improvement, | 60990 |
| equipment, and furnishing of facilities, the financing thereof and | 60991 |
| the placing of them in use and operation, including any one, part | 60992 |
| of, or combination of such classes of costs and expenses. | 60993 |
| (11) "Available receipts" means all moneys received by the | 60994 |
| institution of higher education, including income, revenues, and | 60995 |
| receipts from the operation, ownership, or control of facilities | 60996 |
| or entrepreneurial projects, grants, gifts, donations, and pledges | 60997 |
| and receipts therefrom, receipts from fees and charges, and the | 60998 |
| proceeds of the sale of obligations or assurances, including | 60999 |
| proceeds of obligations or assurances issued to refund obligations | 61000 |
| or assurances previously issued, but excluding any special fee, | 61001 |
| and receipts therefrom, charged pursuant to division (D) of | 61002 |
| section 154.21 of the Revised Code. | 61003 |
| (12) "Credit enhancement facilities" has the meaning given in | 61004 |
| division (H) of section 133.01 of the Revised Code. | 61005 |
| (13) "Financing costs" has the meaning given in division (K) | 61006 |
| of section 133.01 of the Revised Code. | 61007 |
| (14) "Interest" or "interest equivalent" has the meaning | 61008 |
| given in division (R) of section 133.01 of the Revised Code. | 61009 |
| (15) "Assurances" means bonds, notes, or other evidence of | 61010 |
| indebtedness, including interest coupons pertaining thereto, | 61011 |
| authorized to be issued under section 3345.36 of the Revised Code. | 61012 |
| (16) "Entrepreneurial project" has the same meaning as in | 61013 |
| section 3345.36 of the Revised Code. | 61014 |
| (17) "Costs of entrepreneurial projects" means any costs | 61015 |
| related to the establishment or development of entrepreneurial | 61016 |
| projects pursuant to a resolution adopted under section 3345.36 of | 61017 |
| the Revised Code. | 61018 |
| (B) Obligations issued under section 3345.07 or 3345.11 of | 61019 |
| the Revised Code by a state university or college shall be | 61020 |
| authorized by resolution of its board of trustees. Obligations | 61021 |
| issued by any other institution of higher education shall be | 61022 |
| authorized by resolution of its board of trustees, or managing | 61023 |
| directors in the case of certain university branch districts, as | 61024 |
| applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code | 61025 |
| apply to obligations and assurances. Obligations and assurances | 61026 |
| may be issued to pay costs of facilities or entrepreneurial | 61027 |
| projects even if the institution anticipates the possibility of a | 61028 |
| future state appropriation to pay all or a portion of such costs. | 61029 |
| (C) Obligations and assurances shall be secured by a pledge | 61030 |
| of and lien on all or such part of the available receipts of the | 61031 |
| institution of higher education as it provides for in the bond | 61032 |
| proceedings, excluding moneys raised by taxation and state | 61033 |
| appropriations except as permitted by section 3333.90 of the | 61034 |
| Revised Code. Such pledge and lien may be made prior to all other | 61035 |
| expenses, claims, or payments, excepting any pledge of such | 61036 |
| available receipts previously made to the contrary and except as | 61037 |
| provided by any existing restrictions on the use thereof, or such | 61038 |
| pledge and lien may be made subordinate to such other expenses, | 61039 |
| claims, or payments, as provided in the bond proceedings. | 61040 |
| Obligations or assurances may be additionally secured by covenants | 61041 |
| of the institution to make, fix, adjust, collect, and apply such | 61042 |
| charges, rates, fees, rentals, and other items of available | 61043 |
| receipts as will produce pledged available receipts sufficient to | 61044 |
| meet bond service charges, reserve, and other requirements | 61045 |
| provided for in the bond proceedings. Notwithstanding this and | 61046 |
| any other sections of the Revised Code, the holders or owners of | 61047 |
| the obligations or assurances shall not be given the right and | 61048 |
| shall have no right to have excises or taxes levied by the | 61049 |
| general assembly for the payment of bond service charges thereon, | 61050 |
| and each such obligation or assurance shall bear on its face a | 61051 |
| statement to that effect and to the effect that the right to such | 61052 |
| payment is limited to the available receipts and special funds | 61053 |
| pledged to such purpose under the bond proceedings. | 61054 |
| All pledged available receipts and funds and the proceeds of | 61055 |
| obligations or assurances are trust funds and, subject to the | 61056 |
| provisions of this section and the applicable bond proceedings, | 61057 |
| shall be held, deposited, invested, reinvested, disbursed, | 61058 |
| applied, and used to such extent, in such manner, at such times, | 61059 |
| and for such purposes, as are provided in the bond proceedings. | 61060 |
| (D) The bond proceedings for obligations or assurances shall | 61061 |
| provide for the purpose thereof and the principal amount or | 61062 |
| maximum principal amount, and provide for or authorize the manner | 61063 |
| of determining the principal maturity or maturities, the sale | 61064 |
| price including any permitted discount, the interest rate or | 61065 |
| rates, which may be a variable rate or rates, or the maximum | 61066 |
| interest rate, the date of the obligations or assurances and the | 61067 |
| date or dates of payment of interest thereon, their | 61068 |
| denominations, the manner of sale thereof, and the establishment | 61069 |
| within or without the state of a place or places of payment of | 61070 |
| bond service charges. The bond proceedings also shall provide for | 61071 |
| a pledge of and lien on available receipts of the institution of | 61072 |
| higher education as provided in division (C) of this section, and | 61073 |
| a pledge of and lien on such fund or funds provided in the bond | 61074 |
| proceedings arising from available receipts, which pledges and | 61075 |
| liens may provide for parity with obligations or assurances | 61076 |
| theretofore or thereafter issued by the institution. The available | 61077 |
| receipts so pledged and thereafter received by the institution and | 61078 |
| the funds so pledged are immediately subject to the lien of such | 61079 |
| pledge without any physical delivery thereof or further act, and | 61080 |
| the lien of any such pledge is valid and binding against all | 61081 |
| parties having claims of any kind against the institution, | 61082 |
| irrespective of whether such parties have notice thereof, and | 61083 |
| shall create a perfected security interest for all purposes of | 61084 |
| Chapter 1309. of the Revised Code, without the necessity for | 61085 |
| separation or delivery of funds or for the filing or recording of | 61086 |
| the bond proceedings by which such pledge is created or any | 61087 |
| certificate, statement, or other document with respect thereto; | 61088 |
| and the pledge of such available receipts and funds shall be | 61089 |
| effective and the money therefrom and thereof may be applied to | 61090 |
| the purposes for which pledged without necessity for any act of | 61091 |
| appropriation. | 61092 |
| (E) The bond proceedings may contain additional provisions | 61093 |
| customary or appropriate to the financing or to the obligations or | 61094 |
| assurances or to particular obligations and assurances, | 61095 |
| including: | 61096 |
| (1) The acquisition, construction, reconstruction, equipment, | 61097 |
| furnishing, improvement, operation, alteration, enlargement, | 61098 |
| maintenance, insurance, and repair of facilities or | 61099 |
| entrepreneurial projects, and the duties of the institution of | 61100 |
| higher education with reference thereto; | 61101 |
| (2) The terms of the obligations or assurances, including | 61102 |
| provisions for their redemption prior to maturity at the option of | 61103 |
| the institution of higher education at such price or prices and | 61104 |
| under such terms and conditions as are provided in the bond | 61105 |
| proceedings; | 61106 |
| (3) Limitations on the purposes to which the proceeds of the | 61107 |
| obligations or assurances may be applied; | 61108 |
| (4) The rates or rentals or other charges for the use of or | 61109 |
| right to use the facilities or entrepreneurial projects financed | 61110 |
| by the obligations or assurances, or other properties the | 61111 |
| revenues or receipts from which are pledged to the obligations or | 61112 |
| assurances, and rules for assuring any applicable use and | 61113 |
| occupancy thereof, including limitations upon the right to modify | 61114 |
| such rates, rentals, other charges, or regulations; | 61115 |
| (5) The use and expenditure of the pledged available receipts | 61116 |
| in such manner and to such extent as shall be determined, which | 61117 |
| may include provision for the payment of the expenses of | 61118 |
| operation, maintenance, and repair of facilities or | 61119 |
| entrepreneurial projects so that such expenses, or part thereof, | 61120 |
| shall be paid or provided as a charge prior or subsequent to the | 61121 |
| payment of bond service charges and any other payments required | 61122 |
| to be made by the bond proceedings; | 61123 |
| (6) Limitations on the issuance of additional obligations or | 61124 |
| assurances; | 61125 |
| (7) The terms of any trust agreement or indenture securing | 61126 |
| the obligations or assurances or under which the same may be | 61127 |
| issued; | 61128 |
| (8) The deposit, investment, and application of funds, and | 61129 |
| the safeguarding of funds on hand or on deposit without regard to | 61130 |
| Chapter 131. or 135. of the Revised Code, and any bank or trust | 61131 |
| company or other financial institution that acts as depository of | 61132 |
| any moneys under the bond proceedings shall furnish such | 61133 |
| indemnifying bonds or pledge such securities as required by the | 61134 |
| bond proceedings or otherwise by the institution of higher | 61135 |
| education; | 61136 |
| (9) The binding effect of any or every provision of the bond | 61137 |
| proceedings upon such officer, board, commission, authority, | 61138 |
| agency, department, or other person or body as may from time to | 61139 |
| time have the authority under law to take such actions as may be | 61140 |
| necessary to perform all or any part of the duty required by such | 61141 |
| provision; | 61142 |
| (10) Any provision that may be made in a trust agreement or | 61143 |
| indenture; | 61144 |
| (11) Any other or additional agreements with respect to the | 61145 |
| facilities of the institution of higher education or its | 61146 |
| entrepreneurial projects, their operation, the available receipts | 61147 |
| and funds pledged, and insurance of facilities or entrepreneurial | 61148 |
| projects and of the institution, its officers and employees. | 61149 |
| (F) Such obligations or assurances may have the seal of the | 61150 |
| institution of higher education or a facsimile thereof affixed | 61151 |
| thereto or printed thereon and shall be executed by such officers | 61152 |
| as are designated in the bond proceedings, which execution may be | 61153 |
| by facsimile signatures. Any obligations or assurances may be | 61154 |
| executed by an officer who, on the date of execution, is the | 61155 |
| proper officer although on the date of such obligations or | 61156 |
| assurances such person was not the proper officer. In case any | 61157 |
| officer whose signature or a facsimile of whose signature appears | 61158 |
| on any such obligation or assurance ceases to be such officer | 61159 |
| before delivery thereof, such signature or facsimile is | 61160 |
| nevertheless valid and sufficient for all purposes as if the | 61161 |
| person had remained such officer until such delivery; and in case | 61162 |
| the seal of the institution has been changed after a facsimile of | 61163 |
| the seal has been imprinted on such obligations or assurances, | 61164 |
| such facsimile seal continues to be sufficient as to such | 61165 |
| obligations or assurances and obligations or assurances issued in | 61166 |
| substitution or exchange therefor. | 61167 |
| (G) All such obligations or assurances are negotiable | 61168 |
| instruments and securities under Chapter 1308. of the Revised | 61169 |
| Code, subject to the provisions of the bond proceedings as to | 61170 |
| registration. The obligations or assurances may be issued in | 61171 |
| coupon or in registered form, or both. Provision may be made for | 61172 |
| the registration of any obligations or assurances with coupons | 61173 |
| attached thereto as to principal alone or as to both principal | 61174 |
| and interest, their exchange for obligations or assurances so | 61175 |
| registered, and for the conversion or reconversion into | 61176 |
| obligations or assurances with coupons attached thereto of any | 61177 |
| obligations or assurances registered as to both principal and | 61178 |
| interest, and for reasonable charges for such registration, | 61179 |
| exchange, conversion, and reconversion. | 61180 |
| (H) Pending preparation of definitive obligations or | 61181 |
| assurances, the institution of higher education may issue interim | 61182 |
| receipts or certificates which shall be exchanged for such | 61183 |
| definitive obligations or assurances. | 61184 |
| (I) Such obligations or assurances may be secured | 61185 |
| additionally by a trust agreement or indenture between the | 61186 |
| institution of higher education and a corporate trustee, which may | 61187 |
| be any trust company or bank having the powers of a trust company | 61188 |
| within or without this state but authorized to exercise trust | 61189 |
| powers within this state. Any such agreement or indenture may | 61190 |
| contain the resolution authorizing the issuance of the | 61191 |
| obligations or assurances, any provisions that may be contained | 61192 |
| in the bond proceedings as authorized by this section, and other | 61193 |
| provisions which are customary or appropriate in an agreement or | 61194 |
| indenture of such type, including: | 61195 |
| (1) Maintenance of each pledge, trust agreement, and | 61196 |
| indenture, or other instrument comprising part of the bond | 61197 |
| proceedings until the institution of higher education has fully | 61198 |
| paid the bond service charges on the obligations or assurances | 61199 |
| secured thereby, or provision therefor has been made; | 61200 |
| (2) In the event of default in any payments required to be | 61201 |
| made by the bond proceedings, or any other agreement of the | 61202 |
| institution of higher education made as a part of the contract | 61203 |
| under which the obligations or assurances were issued, enforcement | 61204 |
| of such payments or agreement by mandamus, the appointment of a | 61205 |
| receiver, suit in equity, action at law, or any combination of | 61206 |
| the foregoing; | 61207 |
| (3) The rights and remedies of the holders of obligations or | 61208 |
| assurances and of the trustee, and provisions for protecting and | 61209 |
| enforcing them, including limitations on rights of individual | 61210 |
| holders of obligations or assurances; | 61211 |
| (4) The replacement of any obligations or assurances that | 61212 |
| become mutilated or are destroyed, lost, or stolen; | 61213 |
| (5) Such other provisions as the trustee and the institution | 61214 |
| of higher education agree upon, including limitations, conditions, | 61215 |
| or qualifications relating to any of the foregoing. | 61216 |
| (J) Each duty of the institution of higher education and its | 61217 |
| officers or employees, undertaken pursuant to the bond proceedings | 61218 |
| or any related agreement or lease made under authority of law, is | 61219 |
| hereby established as a duty of such institution, and of each such | 61220 |
| officer or employee having authority to perform such duty, | 61221 |
| specially enjoined by law resulting from an office, trust, or | 61222 |
| station within the meaning of section 2731.01 of the Revised Code. | 61223 |
| The persons who are at the time the members of the board of | 61224 |
| trustees or the managing directors of the institution or its | 61225 |
| officers or employees are not liable in their personal capacities | 61226 |
| on such obligations or assurances, or lease, or other agreement of | 61227 |
| the institution. | 61228 |
| (K) The authority to issue obligations or assurances includes | 61229 |
| authority to: | 61230 |
| (1) Issue obligations or assurances in the form of bond | 61231 |
| anticipation notes and to renew them from time to time by the | 61232 |
| issuance of new notes. Such notes are payable solely from the | 61233 |
| available receipts and funds that may be pledged to the payment of | 61234 |
| such bonds, or from the proceeds of such bonds or renewal notes, | 61235 |
| or both, as the institution of higher education provides in its | 61236 |
| resolution authorizing such notes. Such notes may be additionally | 61237 |
| secured by covenants of the institution to the effect that it | 61238 |
| will do such or all things necessary for the issuance of such | 61239 |
| bonds or renewal notes in appropriate amount, and either exchange | 61240 |
| such bonds or renewal notes therefor or apply the proceeds | 61241 |
| thereof to the extent necessary, to make full payment of the bond | 61242 |
| service charges on such notes at the time or times contemplated, | 61243 |
| as provided in such resolution. Subject to the provisions of this | 61244 |
| division, all references to obligations or assurances in this | 61245 |
| section apply to such anticipation notes. | 61246 |
| (2) Issue obligations or assurances to refund, including | 61247 |
| funding and retirement of, obligations or assurances previously | 61248 |
| issued to pay costs of facilities or entrepreneurial projects. | 61249 |
| Such obligations or assurances may be issued in amounts sufficient | 61250 |
| for payment of the principal amount of the obligations or | 61251 |
| assurances to be so refunded, any redemption premiums thereon, | 61252 |
| principal maturities of any obligations or assurances maturing | 61253 |
| prior to the redemption of any other obligations or assurances on | 61254 |
| a parity therewith to be so refunded, interest accrued or to | 61255 |
| accrue to the maturity date or dates of redemption of such | 61256 |
| obligations or assurances, and any expenses incurred or to be | 61257 |
| incurred in connection with such refunding or the issuance of the | 61258 |
| obligations or assurances. | 61259 |
| (L) Obligations and assurances are lawful investments for | 61260 |
| banks, societies for savings, savings and loan associations, | 61261 |
| deposit guarantee associations, trust companies, trustees, | 61262 |
| fiduciaries, insurance companies, including domestic for life and | 61263 |
| domestic not for life, trustees or other officers having charge | 61264 |
| of sinking and bond retirement or other special funds of | 61265 |
| political subdivisions and taxing districts of this state, the | 61266 |
| commissioners of the sinking fund, the administrator of workers' | 61267 |
| compensation in accordance with the investment policy approved by | 61268 |
| the bureau of workers' compensation board of directors pursuant | 61269 |
| to section 4121.12 of the Revised Code, the state teachers | 61270 |
| retirement system, the public employees retirement system, the | 61271 |
| school employees retirement system, and the Ohio police and fire | 61272 |
| pension fund, notwithstanding any other provisions of the Revised | 61273 |
| Code or rules adopted pursuant thereto by any state agency with | 61274 |
| respect to investments by them, and are also acceptable as | 61275 |
| security for the deposit of public moneys. | 61276 |
| (M) All facilities or entrepreneurial projects purchased, | 61277 |
| acquired, constructed, or owned by an institution of higher | 61278 |
| education, or financed in whole or in part by obligations or | 61279 |
| assurances issued by an institution, and used for the purposes of | 61280 |
| the institution or other publicly owned and controlled college or | 61281 |
| university, is public property used exclusively for a public | 61282 |
| purpose, and such property and the income therefrom is exempt | 61283 |
| from all taxation and assessment within this state, including ad | 61284 |
| valorem and excise taxes. The obligations or assurances, the | 61285 |
| transfer thereof, and the income therefrom, including any profit | 61286 |
| made on the sale thereof, are at all times free from taxation | 61287 |
| within the state. The transfer of tangible personal property by | 61288 |
| lease under authority of this section or section 3345.07, 3345.11, | 61289 |
| 3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised | 61290 |
| Code is not a sale as used in Chapter 5739. of the Revised Code. | 61291 |
| (N) The authority granted by this section is cumulative with | 61292 |
| the authority granted to institutions of higher education under | 61293 |
| Chapter 154. of the Revised Code, and nothing in this section | 61294 |
| impairs or limits the authority granted by Chapter 154. of the | 61295 |
| Revised Code. In any lease, agreement, or commitment made by an | 61296 |
| institution of higher education under Chapter 154. of the Revised | 61297 |
| Code, it may agree to restrict or subordinate any pledge it may | 61298 |
| thereafter make under authority of this section. | 61299 |
| (O) Title to lands acquired under this section and sections | 61300 |
| 3345.07 and 3345.11 of the Revised Code by a state university or | 61301 |
| college shall be taken in the name of the state. | 61302 |
| (P) Except where costs of facilities or entrepreneurial | 61303 |
| projects are to be paid in whole or in part from funds | 61304 |
| appropriated by the general assembly, section 125.81 of the | 61305 |
| Revised Code and the requirement for certification with respect | 61306 |
| thereto under section 153.04 of the Revised Code do not apply to | 61307 |
| such facilities or entrepreneurial projects. | 61308 |
| (Q) A state university or college may sell or lease lands or | 61309 |
| interests in land owned by it or by the state for its use, or | 61310 |
| facilities authorized to be acquired or constructed by it under | 61311 |
| section 3345.07 or 3345.11 of the Revised Code, to permit the | 61312 |
| purchasers or lessees thereof to acquire, construct, equip, | 61313 |
| furnish, reconstruct, alter, enlarge, remodel, renovate, | 61314 |
| rehabilitate, improve, maintain, repair, or maintain and operate | 61315 |
| thereon and to provide by lease or otherwise to such institution, | 61316 |
| facilities authorized in section 3345.07 or 3345.11 of the Revised | 61317 |
| Code or entrepreneurial projects authorized under section 3345.36 | 61318 |
| of the Revised Code. Such land or interests therein shall be sold | 61319 |
| for such appraised value, or leased, and on such terms as the | 61320 |
| board of trustees determines. All deeds or other instruments | 61321 |
| relating to such sales or leases shall be executed by such | 61322 |
| officer of the state university or college as the board of | 61323 |
| trustees designates. The state university or college shall hold, | 61324 |
| invest, or use the proceeds of such sales or leases for the same | 61325 |
| purposes for which proceeds of borrowings may be used under | 61326 |
| sections 3345.07 and 3345.11 of the Revised Code or, if the | 61327 |
| proceeds relate to the sale or lease of entrepreneurial projects, | 61328 |
| for purposes of section 3345.36 of the Revised Code. | 61329 |
| (R) An institution of higher education may pledge available | 61330 |
| receipts, to the extent permitted by division (C) of this section | 61331 |
| with respect to obligations, to secure the payments to be made by | 61332 |
| it under any lease, lease with option to purchase, or | 61333 |
| lease-purchase agreement authorized under this section or section | 61334 |
| 3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or | 61335 |
| 3358.10 of the Revised Code. | 61336 |
| Sec. 3345.32. (A) As used in this section: | 61337 |
| (1) "State university or college" means the institutions | 61338 |
| described in section 3345.27 of the Revised Code and the | 61339 |
| northeastern Ohio universities college of medicine. | 61340 |
| (2) "Resident" has the meaning specified by rule of the | 61341 |
| chancellor of the Ohio board of regents. | 61342 |
| (3) "Statement of selective service status" means a statement | 61343 |
| certifying one of the following: | 61344 |
| (a) That the individual filing the statement has registered | 61345 |
| with the selective service system in accordance with the "Military | 61346 |
| Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as | 61347 |
| amended; | 61348 |
| (b) That the individual filing the statement is not required | 61349 |
| to register with the selective service for one of the following | 61350 |
| reasons: | 61351 |
| (i) The individual is under eighteen or over twenty-six years | 61352 |
| of age. | 61353 |
| (ii) The individual is on active duty with the armed forces | 61354 |
| of the United States other than for training in a reserve or | 61355 |
| national guard unit. | 61356 |
| (iii) The individual is a nonimmigrant alien lawfully in the | 61357 |
| United States in accordance with section 101 (a)(15) of the | 61358 |
| "Immigration and Nationality Act," 8 U.S.C. 1101, as amended. | 61359 |
| (iv) The individual is not a citizen of the United States and | 61360 |
| is a permanent resident of the Trust Territory of the Pacific | 61361 |
| Islands or the Northern Mariana Islands. | 61362 |
| (4) "Institution of higher education" means any eligible | 61363 |
| institution approved by the United States department of education | 61364 |
| pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as | 61365 |
| amended, or any institution whose students are eligible for | 61366 |
| financial assistance under any of the programs described by | 61367 |
| division (E) of this section. | 61368 |
| (B) The chancellor shall, by rule, specify the form of | 61369 |
| statements of selective service status to be filed in compliance | 61370 |
| with divisions (C) to (F) of this section. Each statement of | 61371 |
| selective service status shall contain a section wherein a male | 61372 |
| student born after December 31, 1959, certifies that the student | 61373 |
| has registered with the selective service system in accordance | 61374 |
| with the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. | 61375 |
| App. 453, as amended. For those students not required to register | 61376 |
| with the selective service, as specified in divisions | 61377 |
| (A)(2)(b)(i) to (iv) of this section, a section shall be provided | 61378 |
| on the statement of selective service status for the | 61379 |
| certification of nonregistration and for an explanation of the | 61380 |
| reason for the exemption. The chancellor may require that such | 61381 |
| statements be accompanied by documentation specified by rule of | 61382 |
| the chancellor. | 61383 |
| (C) A state university or college that enrolls in any course, | 61384 |
| class, or program a male student born after December 31, 1959, who | 61385 |
| has not filed a statement of selective service status with the | 61386 |
| university or college shall, regardless of the student's | 61387 |
| residency, charge the student any tuition surcharge charged | 61388 |
| students who are not residents of this state. | 61389 |
| (D) No male born after December 31, 1959, shall be eligible | 61390 |
| to receive any loan, grant, scholarship, or other financial | 61391 |
| assistance for educational expenses granted under section 3315.33, | 61392 |
|
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, | 61393 |
| 5910.03, 5910.032, or 5919.34 of the Revised Code, financed by an | 61394 |
| award under the choose Ohio first scholarship program established | 61395 |
| under section 3333.61 of the Revised Code, or financed by an | 61396 |
| award under the Ohio co-op/internship program established under | 61397 |
| section 3333.72 of the Revised Code, unless that person has | 61398 |
| filed a statement of selective service status with that person's | 61399 |
| institution of higher education. | 61400 |
| (E) If an institution of higher education receives a | 61401 |
| statement from an individual certifying that the individual has | 61402 |
| registered with the selective service system in accordance with | 61403 |
| the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App. | 61404 |
| 453, as amended or that the individual is exempt from registration | 61405 |
| for a reason other than that the individual is under eighteen | 61406 |
| years of age, the institution shall not require the individual to | 61407 |
| file any further statements. If it receives a statement certifying | 61408 |
| that the individual is not required to register because the | 61409 |
| individual is under eighteen years of age, the institution shall | 61410 |
| require the individual to file a new statement of selective | 61411 |
| service status each time the individual seeks to enroll for a new | 61412 |
| academic term or makes application for a new loan or loan | 61413 |
| guarantee or for any form of financial assistance for educational | 61414 |
| expenses, until it receives a statement certifying that the | 61415 |
| individual has registered with the selective service system or is | 61416 |
| exempt from registration for a reason other than that the | 61417 |
| individual is under eighteen years of age. | 61418 |
| Sec. 3345.36. (A) For purposes of this section: | 61419 |
| (1) "Entrepreneurial project" means an effort to develop or | 61420 |
| commercialize technology through research or technology transfer | 61421 |
| or investment of real or personal property, or both, including | 61422 |
| undivided and other interests therein, acquired by gift or | 61423 |
| purchase, constructed, reconstructed, enlarged, improved, | 61424 |
| furnished, or equipped, or any combination thereof, by an | 61425 |
| institution of higher education or by others. | 61426 |
| (2) "Governmental agency" has the same meaning as in section | 61427 |
| 166.01 of the Revised Code. | 61428 |
| (3) "Person" means individuals or entities engaged in | 61429 |
| industry, commerce, distribution, or research. | 61430 |
| (4) "Institution of higher education" has the same meaning as | 61431 |
| in section 3345.12 of the Revised Code. | 61432 |
| (5) "Stock or other ownership" means equity or other | 61433 |
| ownership rights held or received in return for the grant of | 61434 |
| rights to intellectual property developed by an institution of | 61435 |
| higher education. "Stock or other ownership" excludes equity or | 61436 |
| other ownership rights held or received in return for the | 61437 |
| investment of money. | 61438 |
| (B) To create or preserve jobs and employment opportunities | 61439 |
| and to improve the economic welfare of the people of the state | 61440 |
| pursuant to Section 13 of Article VIII, Ohio Constitution, it is | 61441 |
| hereby declared to be the public policy of the state for | 61442 |
| institutions of higher education to facilitate and assist with | 61443 |
| establishing and developing entrepreneurial projects or to assist | 61444 |
| and cooperate with any governmental agency in achieving such | 61445 |
| purpose. An entrepreneurial project is hereby determined to | 61446 |
| qualify as property, structures, equipment, and facilities | 61447 |
| described in Section 13 of Article VIII, Ohio Constitution. | 61448 |
| In furtherance of such public policy, and pursuant to Section | 61449 |
| 13 of Article VIII, Ohio Constitution, a board of trustees of an | 61450 |
| institution of higher education may do any of the following by | 61451 |
| resolution: | 61452 |
| (1) Enter into an agreement with persons and with | 61453 |
| governmental agencies to induce such persons to acquire, | 61454 |
| construct, reconstruct, rehabilitate, renovate, enlarge, improve, | 61455 |
| equip, furnish, or otherwise develop entrepreneurial projects; | 61456 |
| (2) Acquire stock or other ownership in an entrepreneurial | 61457 |
| project or a legal entity formed in connection with an | 61458 |
| entrepreneurial project; | 61459 |
| (3) Make or guarantee loans and borrow money and issue bonds, | 61460 |
| notes, or other evidence of indebtedness to provide moneys for the | 61461 |
| acquisition, construction, enlargement, improvement, equipment, | 61462 |
| maintenance, repair, or operation of entrepreneurial projects, | 61463 |
| provided that such bonds, notes, or other evidence of indebtedness | 61464 |
| shall not constitute debt for which the full faith and credit of | 61465 |
| the state or an instrumentality or political subdivision of the | 61466 |
| state may be pledged and moneys raised by taxation shall not be | 61467 |
| obligated or pledged for their repayment. | 61468 |
| Sec. 3345.61. As used in this section and sections 3345.62 | 61469 |
| to 3345.66 of the Revised Code: | 61470 |
| (A) "Avoided capital costs" means a measured reduction in the | 61471 |
| cost of future equipment or other capital purchases that results | 61472 |
| from implementation of one or more energy or water conservation | 61473 |
| measures, when compared to an established baseline for previous | 61474 |
| such cost. | 61475 |
| (B) "Board of trustees of a state institution of higher | 61476 |
| education" means the board of trustees of a state institution of | 61477 |
| higher education as defined in section 3345.011 of the Revised | 61478 |
| Code. | 61479 |
| | 61480 |
| or modification of an installation in, or a remodeling of, an | 61481 |
|
existing building in order to reduce energy consumption | 61482 |
| 61483 |
| (1) Installation or modification of insulation in the | 61484 |
| building structure and systems within the building; | 61485 |
| (2) Installation or modification of a storm | 61486 |
| window or door, a multiglazed | 61487 |
| 61488 | |
|
window and door | 61489 |
|
glazing; | 61490 |
| 61491 | |
| energy consumption and operating costs; | 61492 |
| (3) Installation or modification of an automatic energy | 61493 |
|
control | 61494 |
| (4) Replacement or modification of a heating, ventilating, or | 61495 |
|
air conditioning | 61496 |
| (5) Application of caulking and weatherstripping; | 61497 |
| (6) Replacement or modification of a lighting | 61498 |
| fixture to increase the energy efficiency of the system without | 61499 |
| increasing the overall illumination of a facility, unless such | 61500 |
| increase in illumination is necessary to conform to the applicable | 61501 |
| state or local building code for the proposed lighting system; | 61502 |
| (7) Installation or modification of an energy recovery | 61503 |
| 61504 |
| (8) Installation or modification of cogeneration systems that | 61505 |
| produce steam or forms of energy such as heat, as well as | 61506 |
| electricity, for use primarily within a building or complex of | 61507 |
| buildings; | 61508 |
| (9) Any other modification, installation, or remodeling | 61509 |
| approved by the board of trustees of a state institution of higher | 61510 |
| education as an energy conservation measure for one or more | 61511 |
| buildings owned by the institution. | 61512 |
| | 61513 |
| installation, by purchase, lease, lease-purchase, lease with an | 61514 |
| option to buy, or installment purchase, of an energy conservation | 61515 |
| measure and any attendant architectural and engineering consulting | 61516 |
| services. | 61517 |
| (E) "Energy, water, or wastewater cost savings" means a | 61518 |
| measured reduction in, as applicable, the cost of fuel, energy or | 61519 |
| water consumption, wastewater production, or stipulated operation | 61520 |
| or maintenance resulting from the implementation of one or more | 61521 |
| energy or water conservation measures, when compared to an | 61522 |
| established baseline for previous such costs, respectively. | 61523 |
| (F) "Operating cost savings" means a measured reduction in | 61524 |
| the cost of stipulated operation or maintenance created by the | 61525 |
| installation of new equipment or implementation of a new service, | 61526 |
| when compared with an established baseline for previous such | 61527 |
| stipulated costs. | 61528 |
| (G) "Water conservation measure" means an installation or | 61529 |
| modification of an installation in, or a remodeling of, an | 61530 |
| existing building or the surrounding grounds in order to reduce | 61531 |
| water consumption. The term includes any of the following: | 61532 |
| (1) Water-conserving fixture, appliance, or equipment, or the | 61533 |
| substitution of a nonwater-using fixture, appliance, or equipment; | 61534 |
| (2) Water-conserving, landscape irrigation equipment; | 61535 |
| (3) Landscaping measure that reduces storm water runoff | 61536 |
| demand and capture and hold applied water and rainfall, including | 61537 |
| landscape contouring such as the use of a berm, swale, or terrace | 61538 |
| and including the use of a soil amendment, including compost, that | 61539 |
| increases the water-holding capacity of the soil; | 61540 |
| (4) Rainwater harvesting equipment or equipment to make use | 61541 |
| of water collected as part of a storm water system installed for | 61542 |
| water quality control; | 61543 |
| (5) Equipment for recycling or reuse of water originating on | 61544 |
| the premises or from another source, including treated, municipal | 61545 |
| effluent; | 61546 |
| (6) Equipment needed to capture water for nonpotable uses | 61547 |
| from any nonconventional, alternate source, including air | 61548 |
| conditioning condensate or gray water; | 61549 |
| (7) Any other modification, installation, or remodeling | 61550 |
| approved by the board of trustees of a state institution of higher | 61551 |
| education, as defined in section 3345.011 of the Revised Code, as | 61552 |
| a water conservation measure for one or more buildings or the | 61553 |
| surrounding grounds owned by the institution. | 61554 |
| (H) "Water saving measure" means the acquisition and | 61555 |
| installation, by the purchase, lease, lease-purchase, lease with | 61556 |
| an option to buy, or installment purchases of a water conservation | 61557 |
| measure and any attendant architectural and engineering consulting | 61558 |
| services. | 61559 |
| Sec. 3345.62. The board of trustees of a state institution | 61560 |
| of higher education may contract with an energy or water services | 61561 |
| company, architect, professional engineer, contractor, or other | 61562 |
| person experienced in the design and implementation of energy or | 61563 |
| water conservation measures for a report containing an analysis | 61564 |
| and recommendations pertaining to the implementation of energy or | 61565 |
|
water conservation measures that would | 61566 |
|
in energy
| 61567 |
|
operating | 61568 |
| capital costs for the institution. The report shall include | 61569 |
| estimates of all costs of such installations, including the costs | 61570 |
| of design, engineering, installation, maintenance, repairs, and | 61571 |
|
debt service, and
estimates of the | 61572 |
| 61573 | |
| 61574 | |
| created. | 61575 |
| Sec. 3345.63. If the board of trustees of a state | 61576 |
| institution of higher education wishes to enter into a contract, | 61577 |
| other than an installment payment contract provided under section | 61578 |
| 3345.64 of the Revised Code, to implement one or more energy or | 61579 |
| water saving measures, the board may proceed under the applicable | 61580 |
| competitive bidding requirements in Chapter 153. or section | 61581 |
| 3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code or, | 61582 |
| notwithstanding those requirements, may enter into such a contract | 61583 |
| as provided in section 3345.65 of the Revised Code. | 61584 |
| Sec. 3345.64. In accordance with this section, the board of | 61585 |
| trustees of a state institution of higher education may enter into | 61586 |
| an installment payment contract for the implementation of one or | 61587 |
| more energy or water saving measures. Any such contract shall be | 61588 |
| subject to the competitive bidding requirements of Chapter 153. or | 61589 |
| section 3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code, | 61590 |
| as applicable to each such board, except as follows: | 61591 |
| (A) If the board does not exempt the entire installment | 61592 |
| payment contract from the applicable competitive bidding | 61593 |
| requirements pursuant to division (B) of this section, the | 61594 |
| provisions of the contract dealing with interest charges and | 61595 |
| financing terms shall not be subject to the applicable competitive | 61596 |
| bidding requirements. Each such contract shall require repayment | 61597 |
| on the following terms: | 61598 |
| (1) Not less than one- | 61599 |
| contract shall be paid within two years from the date of purchase; | 61600 |
| (2) | 61601 |
| 61602 | |
| 61603 | |
| 61604 | |
|
date of
purchase | 61605 |
| | 61606 |
| 61607 | |
| 61608 | |
| 61609 |
| (B) The board by majority vote may exempt from the applicable | 61610 |
| competitive bidding requirements an entire installment payment | 61611 |
| contract for the implementation of energy or water saving measures | 61612 |
| pursuant to this section and instead of those requirements shall | 61613 |
| enter into the contract as provided in section 3345.65 of the | 61614 |
| Revised Code. | 61615 |
| Sec. 3345.65. To enter into a contract under this section | 61616 |
| pursuant to section 3345.63 or division (B) of section 3345.64 of | 61617 |
| the Revised Code, a board of trustees of a state institution of | 61618 |
| higher education shall request proposals from at least three | 61619 |
| parties for the implementation of energy or water saving measures. | 61620 |
| Prior to providing any interested party a copy of any such | 61621 |
| request, the board shall advertise, in a newspaper of general | 61622 |
| circulation in the county where the contract is to be performed, | 61623 |
| its intent to request proposals for the implementation of energy | 61624 |
| or water saving measures. The notice shall invite interested | 61625 |
| parties to submit proposals for consideration and shall be | 61626 |
| published at least thirty days prior to the date for accepting | 61627 |
| proposals. | 61628 |
| Upon receiving the proposals, the board shall analyze them. | 61629 |
| After considering the cost estimates of each proposal, how | 61630 |
| qualified each party submitting a proposal is to implement its | 61631 |
| proposal, and the institution's ability to pay for each with | 61632 |
| current revenues or by financing the cost of each, the board may | 61633 |
| select one or more proposals or, instead, reject all proposals. In | 61634 |
| selecting proposals, the board shall select the proposal or | 61635 |
| proposals most likely to result in the greatest savings when the | 61636 |
|
cost of the proposal is compared to the | 61637 |
| or wastewater cost savings, operating cost savings, and avoided | 61638 |
| capital costs that will result from implementing the proposal. | 61639 |
| No board shall award a contract to implement energy or water | 61640 |
|
saving
measures under this section unless the board finds that | 61641 |
| 61642 |
| | 61643 |
| 61644 | |
| 61645 | |
|
of | 61646 |
| savings, operating cost savings, and avoided capital costs over no | 61647 |
|
more than | 61648 |
| | 61649 |
| 61650 | |
| 61651 | |
| 61652 |
| Sec. 3345.66. The board of trustees of a state institution | 61653 |
| of higher education may issue notes of the institution signed by | 61654 |
|
the | 61655 |
| officer of the board and specifying the terms of the purchase and | 61656 |
| securing the payments provided in section 3345.64 of the Revised | 61657 |
| Code, payable at the times provided and bearing interest at a rate | 61658 |
| not exceeding a rate determined under section 9.95 of the Revised | 61659 |
| Code. The notes may contain an option for prepayment and are not | 61660 |
| subject to Chapter 133. of the Revised Code. Revenues derived from | 61661 |
| any source, other than money appropriated by the general assembly, | 61662 |
|
that may be used for the purpose of | 61663 |
| or water saving measures or for defraying the current operating | 61664 |
| expenses of the institution may be pledged to the payment of | 61665 |
| interest and the retirement of such notes. The notes may be sold | 61666 |
| at private sale or given to the contractor under the installment | 61667 |
| payment contract authorized by section 3345.64 of the Revised | 61668 |
| Code. | 61669 |
| Sec. 3349.242. Any agreement authorized by section 3349.241 | 61670 |
| of the Revised Code may provide for the amounts of such | 61671 |
| participation by such school district or districts in the | 61672 |
| development, maintenance, and operation of such municipal | 61673 |
| university, but no funds granted to school districts under Chapter | 61674 |
| 3306. or 3317. of the Revised Code shall be used for such | 61675 |
| purposes. By the terms of any such agreement the school district | 61676 |
| or districts and their residents shall be entitled to the | 61677 |
| educational advantages of said municipal university at the same | 61678 |
| rate of tuition, fees, and other charges as are provided for the | 61679 |
| residents of the municipal corporation in which such municipal | 61680 |
| university is situated. | 61681 |
| Sec. 3353.09. (A) Not later than January 1, 2010, the eTech | 61682 |
| Ohio commission shall develop and implement a state technology | 61683 |
| plan to create an aligned educational technology system that spans | 61684 |
| preschool to postsecondary education and complies with federal | 61685 |
| mandates. The commission periodically shall modify the plan as it | 61686 |
| determines necessary. | 61687 |
| (B) Upon request of the commission, the state board of | 61688 |
| education shall assist in the commission's development and | 61689 |
| modification of the state technology plan. | 61690 |
| Sec. 3353.20. (A) The eTech Ohio commission shall develop | 61691 |
| and implement an interactive distance learning pilot project to | 61692 |
| provide, beginning with the 2009-2010 school year, access to at | 61693 |
| least three interactive distance learning courses in each school | 61694 |
| year free of charge for all high schools operated by school | 61695 |
| districts. The courses offered shall include two advanced | 61696 |
| placement courses and one foreign language course. | 61697 |
| The commission shall do all of the following: | 61698 |
| (1) Contract for the development and offering of interactive | 61699 |
| distance learning courses; | 61700 |
| (2) Produce and broadcast the courses offered by the pilot | 61701 |
| project; | 61702 |
| (3) Provide the funds for schools to purchase video | 61703 |
| conferencing telecommunications equipment and connectivity | 61704 |
| devices, if necessary, so that the schools may participate in the | 61705 |
| pilot project; | 61706 |
| (4) Assist schools in arranging for the purchase and | 61707 |
| installation of telecommunications equipment and connectivity | 61708 |
| devices, if necessary, so that the schools may participate in the | 61709 |
| pilot project; | 61710 |
| (5) Pay, for up to one school year, the cost of upgrading | 61711 |
| internet service for schools that currently have a connection not | 61712 |
| faster than 1.544 megabits per second; | 61713 |
| (6) Offer training in the use of the telecommunications | 61714 |
| equipment necessary to participate in the pilot project; | 61715 |
| (7) Administer and oversee the operation of the pilot | 61716 |
| project. | 61717 |
| (B) The department of education, in consultation with the | 61718 |
| chancellor of the Ohio board of regents, shall select courses to | 61719 |
| be offered by the pilot project and shall develop the standards | 61720 |
| for the curriculum of each course selected. | 61721 |
| (C) The commission and the department jointly, and in | 61722 |
| consultation with the chancellor, shall select the teachers to | 61723 |
| develop and teach the courses offered by the pilot project. | 61724 |
| (D) The commission, the department, and the chancellor | 61725 |
| jointly shall notify schools of and promote participation in the | 61726 |
| pilot project. | 61727 |
| (E) Each high school shall determine the manner in which and | 61728 |
| facilities at which students may participate in courses consistent | 61729 |
| with specifications for technology and connectivity required by | 61730 |
| the commission. | 61731 |
| (F) The grade for a student enrolled in a course offered | 61732 |
| through the pilot project shall be assigned by the course teacher | 61733 |
| and shall be transmitted to the student's high school. | 61734 |
| (G) Not later than December 31, 2010, the superintendent of | 61735 |
| public instruction, the chancellor, and the commission shall | 61736 |
| submit to the governor and the general assembly, in accordance | 61737 |
| with section 101.68 of the Revised Code, a formative evaluation of | 61738 |
| the implementation and results of and legislative recommendations | 61739 |
| for changes in the pilot project. | 61740 |
| Sec. 3354.24. (A) The provisions of this section prevail | 61741 |
| over conflicting provisions of this chapter; however, except as | 61742 |
| otherwise provided in this section, the eastern gateway community | 61743 |
| college district and its board of trustees shall comply with the | 61744 |
| provisions of this chapter. | 61745 |
| (B) The territory of Columbiana, Mahoning, and Trumbull | 61746 |
| counties is hereby added to the territory of the community college | 61747 |
| district of Jefferson county, creating a new community college | 61748 |
| district to replace the former community college district of | 61749 |
| Jefferson county. The district created under this section shall be | 61750 |
| known as and operate under the name of "eastern gateway community | 61751 |
| college district," and its charter shall be amended to this name. | 61752 |
| The Jefferson county campus is hereby part of the eastern gateway | 61753 |
| community college district and shall remain in operation unless | 61754 |
| otherwise specified by the board of trustees of the community | 61755 |
| college. | 61756 |
| The eastern gateway community college district is divided | 61757 |
| into two taxing subdistricts, one consisting of the territory of | 61758 |
| Jefferson county, and the other consisting of the territories of | 61759 |
| Columbiana, Mahoning, and Trumbull counties. | 61760 |
| (C) On the effective date of this section as enacted by H.B. | 61761 |
| 1 of the 128th general assembly, the government of the eastern | 61762 |
| gateway community college district shall be vested in a board of | 61763 |
| eleven trustees to be appointed by the governor, with the advice | 61764 |
| and consent of the senate. The board of trustees of the former | 61765 |
| community college district of Jefferson county is abolished on | 61766 |
| that date. | 61767 |
| The governor shall appoint the members of the board of | 61768 |
| trustees of the eastern gateway community college district as | 61769 |
| successors to the board of trustees of Jefferson community college | 61770 |
| as follows: Three members of the board of trustees shall be | 61771 |
| residents of Jefferson county. (The initial Jefferson county | 61772 |
| members shall be members of the board of trustees of the former | 61773 |
| community college district of Jefferson county, as it existed | 61774 |
| before the effective date of this section.) Eight members of the | 61775 |
| board of trustees shall be residents of Columbiana, Mahoning, and | 61776 |
| Trumbull counties. | 61777 |
| The initial board of trustees shall be appointed within | 61778 |
| ninety days after the effective date of this section for terms as | 61779 |
| follows: Of the trustees who are residents of Jefferson county, | 61780 |
| one trustee shall be appointed for a one-year term, one trustee | 61781 |
| shall be appointed for a three-year term, and one trustee shall be | 61782 |
| appointed for a five-year term. Of the trustees who are residents | 61783 |
| of Columbiana, Mahoning, and Trumbull counties, one trustee shall | 61784 |
| be appointed for a one-year term, two trustees shall be appointed | 61785 |
| for two-year terms, two trustees shall be appointed for three-year | 61786 |
| terms, two trustees shall be appointed for four-year terms, and | 61787 |
| one trustee shall be appointed for a five-year term. | 61788 |
| At the conclusion of each initial term, the term of office of | 61789 |
| each trustee shall be five years, each term ending on the same day | 61790 |
| of the same month of the year as did the term that it succeeds. | 61791 |
| Each trustee shall hold office from the date of the trustee's | 61792 |
| appointment until the end of the term for which the trustee was | 61793 |
| appointed. Any trustee appointed to fill a vacancy occurring | 61794 |
| before the expiration of the term for which the trustee's | 61795 |
| predecessor was appointed shall hold office for the remainder of | 61796 |
| that term. Any trustee shall continue in office subsequent to the | 61797 |
| expiration date of the trustee's term until the trustee's | 61798 |
| successor takes office, or until a period of sixty days has | 61799 |
| elapsed, whichever occurs first. | 61800 |
| If a vacancy occurs and the Jefferson county tax levy is no | 61801 |
| longer in place or a conversion under division (H) of this section | 61802 |
| has occurred, the governor shall fill the vacancy with a person | 61803 |
| residing within the eastern gateway community college district. | 61804 |
| (D) The board of trustees of the eastern gateway community | 61805 |
| college district shall continue to comply with division (G) of | 61806 |
| section 3354.09 of the Revised Code regarding tuition for students | 61807 |
| who are residents of Ohio but not residents of the district, and | 61808 |
| for students who are nonresidents of Ohio. The tuition rate shall | 61809 |
| be based on the student's county of residence and shall apply to | 61810 |
| all eastern gateway community college district classes in all | 61811 |
| district locations. Except as provided in division (F)(3) of this | 61812 |
| section, students who are residents of Columbiana, Mahoning, or | 61813 |
| Trumbull county shall continue to be charged tuition at the same | 61814 |
| rate as Ohio residents who are not residents of the district. | 61815 |
| (E)(1) Except as provided in divisions (E)(2) and (3) of this | 61816 |
| section, each member of the board of trustees shall have full | 61817 |
| voting rights on all matters that come before the board. | 61818 |
| (2) The three trustees representing Jefferson county shall | 61819 |
| have sole authority to vote on the following matters: | 61820 |
| (a) The Jefferson county tax levy; | 61821 |
| (b) The expenditure of revenue from that tax levy; | 61822 |
| (c) Levy-subsidized tuition rates. | 61823 |
| (3) The voting restrictions under division (E)(2) of this | 61824 |
| section apply until the electors of the Columbiana, Mahoning, and | 61825 |
| Trumbull county taxing subdistrict approve a tax levy under | 61826 |
| division (F)(3) of this section that is equivalent to the tax levy | 61827 |
| approved by the electors of Jefferson county for the support of | 61828 |
| the former community college district of Jefferson county on the | 61829 |
| effective date of this section. For the purposes of this division, | 61830 |
| the tax levy is an equivalent tax levy if either: | 61831 |
| (a) In the first tax year for which the tax is collected, it | 61832 |
| yields revenue per capita equal to or greater than the yield per | 61833 |
| capita of levies of the community college district in effect that | 61834 |
| year in Jefferson county, as jointly determined by the county | 61835 |
| auditors of Jefferson, Columbiana, Mahoning, and Trumbull | 61836 |
| counties; or | 61837 |
| (b) In the first tax year for which the tax is collected, the | 61838 |
| effective tax rate of the tax is equal to or greater than the | 61839 |
| effective tax rate of levies of the community college district in | 61840 |
| effect that tax year in Jefferson county, as jointly determined by | 61841 |
| the county auditors of Jefferson, Columbiana, Mahoning, and | 61842 |
| Trumbull counties. | 61843 |
| As used in this division, "effective tax rate" means the | 61844 |
| quotient obtained by dividing the total taxes charged and payable | 61845 |
| for a taxing subdistrict for a tax year after the reduction | 61846 |
| prescribed by section 319.301 of the Revised Code but before the | 61847 |
| reduction prescribed by section 319.302 or 323.152 of the Revised | 61848 |
| Code, by the taxable value for the taxing subdistrict for that tax | 61849 |
| year. | 61850 |
| (F)(1) For each taxing subdistrict of the eastern gateway | 61851 |
| community college district, the board of trustees may propose to | 61852 |
| levy a tax in accordance with the procedures prescribed in section | 61853 |
| 3354.12 of the Revised Code, except the following terms used in | 61854 |
| that section shall have the meanings given them in this section: | 61855 |
| (a) "District" and "community college district" mean the | 61856 |
| appropriate taxing subdistrict defined in this section; | 61857 |
| (b) "Board of trustees of the community college district" | 61858 |
| means the board of trustees for the entire eastern gateway | 61859 |
| community college district. That board of trustees may propose | 61860 |
| separate levies for either of the two taxing subdistricts. | 61861 |
| (c) "Tax duplicate" means the tax duplicate of only the | 61862 |
| appropriate taxing subdistrict and not the tax duplicate of the | 61863 |
| entire eastern gateway community college district. | 61864 |
| (2) The board of trustees may propose to levy a tax on | 61865 |
| taxable property in Jefferson county to be voted on by the | 61866 |
| electors of Jefferson county as provided in division (F)(1) of | 61867 |
| this section. An affirmative vote by a majority of the electors of | 61868 |
| the subdistrict voting on the question is necessary for passage. | 61869 |
| Any money raised by a tax levied by the former community college | 61870 |
| district of Jefferson county or a subsequent tax levied in | 61871 |
| Jefferson county in accordance with division (F)(1) of this | 61872 |
| section shall be used solely for the benefit of Jefferson county | 61873 |
| residents attending the eastern gateway community college in the | 61874 |
| form of student tuition subsidies, student scholarships, and | 61875 |
| instructional facilities, equipment, and support services located | 61876 |
| within Jefferson county, or for any purpose approved by the | 61877 |
| electors. Such amounts shall be deposited into a separate fund of | 61878 |
| the taxing subdistrict, and shall be budgeted separately. | 61879 |
| (3) The board of trustees may propose to levy a tax on | 61880 |
| taxable property in Columbiana, Mahoning, and Trumbull counties to | 61881 |
| be voted on by the electors of the counties as provided in | 61882 |
| division (F)(1) of this section. An affirmative vote by a majority | 61883 |
| of the electors of the subdistrict voting on the question is | 61884 |
| necessary for passage. Any amounts raised by such a tax in the tax | 61885 |
| subdistrict shall be used solely for the benefit of residents of | 61886 |
| the subdistrict attending the eastern gateway community college in | 61887 |
| the form of student tuition subsidies, student scholarships, and | 61888 |
| instructional facilities, equipment, and support services located | 61889 |
| within Columbiana, Mahoning, and Trumbull counties, or for any | 61890 |
| purpose approved by the electors. Amounts collected shall be | 61891 |
| deposited into a separate fund from all other revenues collected | 61892 |
| by each taxing subdistrict. | 61893 |
| The board of trustees may adjust the rate of tuition charged | 61894 |
| to each taxing subdistrict's residents to an amount commensurate | 61895 |
| with the amount of tax the board of trustees dedicates for | 61896 |
| instructional and general services provided to the residents of | 61897 |
| the subdistrict. | 61898 |
| (G) The board of trustees of the eastern gateway community | 61899 |
| college district may issue bonds in accordance with section | 61900 |
| 3354.11 of the Revised Code, but the board may limit the question | 61901 |
| of approval of the issue of those bonds to the electors of only | 61902 |
| one of the two taxing subdistricts, in which case the board also | 61903 |
| may limit the use of the property or improvements to the residents | 61904 |
| of that subdistrict. | 61905 |
| (H) If the tax levy in Jefferson county expires, is not | 61906 |
| renewed, or is not approved by the electors of Jefferson county | 61907 |
| and the other taxing subdistrict does not levy a tax for the | 61908 |
| purposes of this section, the board of trustees of the eastern | 61909 |
| gateway community college district shall submit a proposal to the | 61910 |
| chancellor of the board of regents to convert to a state community | 61911 |
| college and, upon the chancellor's approval of the proposal, enter | 61912 |
| into a transition agreement with the chancellor following the | 61913 |
| procedures set forth in section 3358.05 of the Revised Code for a | 61914 |
| technical college district. | 61915 |
| Sec. 3365.01. As used in this chapter: | 61916 |
| (A) "College" means any state-assisted college or university | 61917 |
| described in section 3333.041 of the Revised Code, any nonprofit | 61918 |
| institution holding a certificate of authorization pursuant to | 61919 |
| Chapter 1713. of the Revised Code, any private institution exempt | 61920 |
| from regulation under Chapter 3332. of the Revised Code as | 61921 |
| prescribed in section 3333.046 of the Revised Code, and any | 61922 |
| institution holding a certificate of registration from the state | 61923 |
| board of career colleges and schools and program authorization for | 61924 |
| an associate or bachelor's degree program issued under section | 61925 |
| 3332.05 of the Revised Code. | 61926 |
| (B) "School district," except as specified in division (G) of | 61927 |
| this section, means any school district to which a student is | 61928 |
| admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of | 61929 |
| the Revised Code and does not include a joint vocational or | 61930 |
| cooperative education school district. | 61931 |
| (C) "Parent" has the same meaning as in section 3313.64 of | 61932 |
| the Revised Code. | 61933 |
| (D) "Participant" means a student enrolled in a college under | 61934 |
| the post-secondary enrollment options program established by this | 61935 |
| chapter. | 61936 |
| (E) "Secondary grade" means the ninth through twelfth grades. | 61937 |
| (F) "School foundation payments" means the amount required to | 61938 |
|
be paid to a school district for a fiscal year under | 61939 |
| Chapters 3306. and 3317. of the Revised Code. | 61940 |
| (G) "Tuition base" means | 61941 |
| 61942 | |
| 61943 | |
| 61944 | |
| of the Revised Code. | 61945 |
| | 61946 |
| 61947 | |
| 61948 | |
| 61949 |
| (H) "Educational program" means enrollment in one or more | 61950 |
| school districts, in a nonpublic school, or in a college under | 61951 |
| division (B) of section 3365.04 of the Revised Code. | 61952 |
| (I) "Nonpublic school" means a chartered or nonchartered | 61953 |
| school for which minimum standards are prescribed by the state | 61954 |
| board of education pursuant to division (D) of section 3301.07 of | 61955 |
| the Revised Code. | 61956 |
| (J) "School year" means the year beginning on the first day | 61957 |
| of July and ending on the thirtieth day of June. | 61958 |
| (K) "Community school" means any school established pursuant | 61959 |
| to Chapter 3314. of the Revised Code that includes secondary | 61960 |
| grades. | 61961 |
| (L) "STEM school" means a science, technology, engineering, | 61962 |
| and mathematics school established under Chapter 3326. of the | 61963 |
| Revised Code. | 61964 |
| Sec. 3365.04. The rules adopted under section 3365.02 of the | 61965 |
| Revised Code shall provide for students to enroll in courses under | 61966 |
| either of the following options: | 61967 |
| (A) The student may elect at the time of enrollment to be | 61968 |
| responsible for payment of all tuition and the cost of all | 61969 |
| textbooks, materials, and fees associated with the course. The | 61970 |
| college shall notify the student about payment of tuition and fees | 61971 |
| in the customary manner followed by the college. A student | 61972 |
| electing this option also shall elect, at the time of enrollment, | 61973 |
| whether to receive only college credit or high school credit and | 61974 |
| college credit for the course. | 61975 |
| (1) The student may elect to receive only college credit for | 61976 |
| the course. Except as provided in section 3365.041 of the Revised | 61977 |
| Code, if the student successfully completes the course, the | 61978 |
| college shall award the student full credit for the course, but | 61979 |
| the board of education, community school governing authority, STEM | 61980 |
| school, or nonpublic participating school shall not award the high | 61981 |
| school credit. | 61982 |
| (2) The student may elect to receive both high school credit | 61983 |
| and college credit for the course. Except as provided in section | 61984 |
| 3365.041 of the Revised Code, if the student successfully | 61985 |
| completes the course, the college shall award the student full | 61986 |
| credit for the course and the board of education, community school | 61987 |
| governing authority, STEM school, or nonpublic school shall award | 61988 |
| the student high school credit. | 61989 |
| (B) The student may elect at the time of enrollment for each | 61990 |
| course to have the college reimbursed under section 3365.07 of the | 61991 |
| Revised Code or as provided in alternative funding agreements | 61992 |
| entered into under rules adopted under section 3365.12 of the | 61993 |
| Revised Code. Except as provided in section 3365.041 of the | 61994 |
| Revised Code, if the student successfully completes the course, | 61995 |
| the college shall award the student full credit for the course, | 61996 |
| the board of education, community school governing authority, STEM | 61997 |
| school, or nonpublic school shall award the student high school | 61998 |
| credit, and the college shall be reimbursed in accordance with | 61999 |
| section 3365.07 of the Revised Code or alternative funding | 62000 |
| agreements entered into under rules adopted under section 3365.12 | 62001 |
| of the Revised Code. | 62002 |
| When determining a school district's formula ADM under | 62003 |
| section 3317.03 of the Revised Code, the time a participant is | 62004 |
| attending courses under division (A) of this section shall be | 62005 |
| considered as time the participant is not attending or enrolled in | 62006 |
| school anywhere, and the time a participant is attending courses | 62007 |
| under division (B) of this section shall be considered as time the | 62008 |
| participant is attending or enrolled in the district's schools. | 62009 |
| Sec. 3365.041. (A) When a school district superintendent, | 62010 |
| the governing authority of a community school, or the chief | 62011 |
| administrative officer of a STEM school expels a student under | 62012 |
| division (B) of section 3313.66 of the Revised Code, the district | 62013 |
| superintendent, governing authority, or chief administrative | 62014 |
| officer shall send a written notice of the expulsion to any | 62015 |
| college in which the expelled student is enrolled under section | 62016 |
| 3365.03 of the Revised Code at the time the expulsion is imposed. | 62017 |
| The notice shall indicate the date the expulsion is scheduled to | 62018 |
| expire. The notice also shall indicate whether the district board | 62019 |
| of education, community school governing authority, or the STEM | 62020 |
| school has adopted a policy under section 3313.613 of the | 62021 |
| Revised Code to deny high school credit for post-secondary | 62022 |
| courses taken during an expulsion. If the expulsion is extended | 62023 |
| under division (F) of section 3313.66 of the Revised Code, the | 62024 |
| district superintendent, community school governing authority, or | 62025 |
| STEM school chief administrative officer shall notify the | 62026 |
| college of the extension. | 62027 |
| (B) A college may withdraw its acceptance under section | 62028 |
| 3365.03 of the Revised Code of a student who is expelled from | 62029 |
| school under division (B) of section 3313.66 of the Revised Code. | 62030 |
| As provided in section 3365.03 of the Revised Code, regardless of | 62031 |
| whether the college withdraws its acceptance of the student for | 62032 |
| the college term in which the student is expelled, the student is | 62033 |
| ineligible to enroll in a college under that section for | 62034 |
| subsequent college terms during the period of the expulsion, | 62035 |
| unless the student enrolls in another school district or community | 62036 |
| school, or a participating nonpublic school during that period. | 62037 |
| If a college withdraws its acceptance of an expelled student | 62038 |
| who elected either option of division (A)(1) or (2) of section | 62039 |
| 3365.04 of the Revised Code, the college shall refund tuition and | 62040 |
| fees paid by the student in the same proportion that it refunds | 62041 |
| tuition and fees to students who voluntarily withdraw from the | 62042 |
| college at the same time in the term. | 62043 |
| If a college withdraws its acceptance of an expelled student | 62044 |
| who elected the option of division (B) of section 3365.04 of the | 62045 |
| Revised Code, the school district, community school, or STEM | 62046 |
| school shall not award high school credit for the college courses | 62047 |
| in which the student was enrolled at the time the college withdrew | 62048 |
| its acceptance, and any reimbursement under section 3365.07 of the | 62049 |
| Revised Code or through alternative funding agreements entered | 62050 |
| into under rules adopted under section 3365.12 of the Revised Code | 62051 |
| for the student's attendance prior to the withdrawal shall be the | 62052 |
| same as would be paid for a student who voluntarily withdrew from | 62053 |
| the college at the same time in the term. If the withdrawal | 62054 |
| results in the college's receiving no reimbursement, the college | 62055 |
| may require the student to return or pay for the textbooks and | 62056 |
| materials it provided the student free of charge under section | 62057 |
| 3365.08 of the Revised Code. | 62058 |
| (C) When a student who elected the option of division (B) of | 62059 |
| section 3365.04 of the Revised Code is expelled under division (B) | 62060 |
| of section 3313.66 of the Revised Code from a school district, | 62061 |
| community school, or STEM school that has adopted a policy under | 62062 |
| section 3313.613 of the Revised Code, that election is | 62063 |
| automatically revoked for all college courses in which the student | 62064 |
| is enrolled during the college term in which the expulsion is | 62065 |
| imposed. Any reimbursement under section 3365.07 of the Revised | 62066 |
| Code or through alternative funding agreements entered into under | 62067 |
| rules adopted under section 3365.12 of the Revised Code for the | 62068 |
| student's attendance prior to the expulsion shall be the same as | 62069 |
| would be paid for a student who voluntarily withdrew from the | 62070 |
| college at the same time in the term. If the revocation results | 62071 |
| in the college's receiving no reimbursement, the college may | 62072 |
| require the student to return or pay for the textbooks and | 62073 |
| materials it provided the student free of charge under section | 62074 |
| 3365.08 of the Revised Code. | 62075 |
| No later than five days after receiving an expulsion notice | 62076 |
| from the superintendent of a district, the governing authority of | 62077 |
| a community school, or the chief administrative officer of a STEM | 62078 |
| school that has adopted a policy under section 3313.613 of the | 62079 |
| Revised Code, the college shall send a written notice to the | 62080 |
| expelled student that the student's election of division (B) of | 62081 |
| section 3365.04 of the Revised Code is revoked. If the college | 62082 |
| elects not to withdraw its acceptance of the student, the student | 62083 |
| shall pay all applicable tuition and fees for the college courses | 62084 |
| and shall pay for the textbooks and materials that the college | 62085 |
| provided under section 3365.08 of the Revised Code. | 62086 |
| Sec. 3365.07. (A) The rules adopted under section 3365.02 of | 62087 |
| the Revised Code shall specify a method for each of the following: | 62088 |
| (1) Determining, with respect to any participant, the | 62089 |
| percentage of a full-time educational program constituted by the | 62090 |
| participant's total educational program. That percentage shall be | 62091 |
| the participant's full-time equivalency percentage for purposes of | 62092 |
| the computation required by division (B)(1) of this section. | 62093 |
| (2) In the case of a participant who is not enrolled in a | 62094 |
| participating nonpublic school, determining the percentage of a | 62095 |
| participant's school day during which the participant is | 62096 |
| participating in each of the following: | 62097 |
| (a) Programs provided by the city, local, or exempted village | 62098 |
| school district, a community school, or a STEM school; | 62099 |
| (b) Programs provided by a joint vocational school district; | 62100 |
| (c) Programs provided by a college under division (B) of | 62101 |
| section 3365.04 of the Revised Code. | 62102 |
| The sum of divisions (A)(2)(a) to (c) of this section shall equal | 62103 |
| one hundred per cent. | 62104 |
| (3) In the case of a participant who is not enrolled in a | 62105 |
| participating nonpublic school, determining the percentage of a | 62106 |
| participant's enrollment that shall be deemed to be enrollment in | 62107 |
| a joint vocational school district and the percentage that shall | 62108 |
| be deemed to be enrollment in a city, local, or exempted village | 62109 |
| school district. The sum of such percentages shall equal one | 62110 |
| hundred per cent. | 62111 |
| (4) In the case of a participant who is enrolled in a | 62112 |
| participating nonpublic school, determining the percentage of a | 62113 |
| participant's school day during which the participant is | 62114 |
| participating in programs provided by a college under division (B) | 62115 |
| of section 3365.04 of the Revised Code. | 62116 |
| (B) Each July, unless provided otherwise in an alternative | 62117 |
| funding agreement entered into under rules adopted under section | 62118 |
| 3365.12 of the Revised Code, the department of education shall pay | 62119 |
| each college for any participant enrolled in the college in the | 62120 |
| prior school year under division (B) of section 3365.04 of the | 62121 |
| Revised Code an amount computed as follows: | 62122 |
| (1) Multiply the tuition base by the participant's full-time | 62123 |
| equivalency percentage and multiply the resulting amount by a | 62124 |
| percentage equal to the percentage of the participant's school day | 62125 |
| apportioned to the college under division (A)(2)(c) or (4) of this | 62126 |
| section, as applicable. | 62127 |
| (2) Pay the college the lesser of: | 62128 |
| (a) The amount computed under division (B)(1) of this | 62129 |
| section; | 62130 |
| (b) The actual costs that would have been the responsibility | 62131 |
| of the participant had the participant elected to enroll under | 62132 |
| division (A) of section 3365.04 of the Revised Code, as verified | 62133 |
| by the department, of tuition, textbooks, materials, and fees | 62134 |
| directly related to any courses elected by the participant during | 62135 |
| the prior school year under division (B) of section 3365.04 of the | 62136 |
| Revised Code. | 62137 |
| (C) The department shall not reimburse any college for any | 62138 |
| course taken by a participant under division (A) of section | 62139 |
| 3365.04 of the Revised Code. | 62140 |
| (D) If the participant was not enrolled in a participating | 62141 |
| nonpublic school, the amount paid under division (B) of this | 62142 |
| section for each participant shall be subtracted from the school | 62143 |
| foundation payments made to the participant's school district or, | 62144 |
| if the participant was enrolled in a community school or a STEM | 62145 |
| school, from the payments made to the participant's school under | 62146 |
| section 3314.08 or 3326.33 of the Revised Code. If the | 62147 |
| participant was enrolled in a joint vocational school district, a | 62148 |
| portion of the amount shall be subtracted from the payments to | 62149 |
| the joint vocational school district and a portion shall be | 62150 |
| subtracted from the payments to the participant's city, local, or | 62151 |
| exempted village school district. The amount of the payment | 62152 |
| subtracted from the city, local, or exempted village school | 62153 |
| district shall be computed as follows: | 62154 |
| (1) Add the following: | 62155 |
| (a) The percentage of the participant's enrollment in the | 62156 |
| school district, determined under division (A)(3) of this section; | 62157 |
| and | 62158 |
| (b) Twenty-five per cent times the percentage of the | 62159 |
| participant's enrollment in the joint vocational school district, | 62160 |
| determined under division (A)(3) of this section. | 62161 |
| (2) Multiply the sum obtained under division (D)(1) of this | 62162 |
| section by the amount computed under division (B)(2) of this | 62163 |
| section. | 62164 |
| The balance of the payment shall be subtracted from the joint | 62165 |
| vocational district's school foundation payments. | 62166 |
| (E) If the participant was enrolled in a participating | 62167 |
| nonpublic school, the amount paid under division (B) of this | 62168 |
| section shall be subtracted from moneys set aside by the general | 62169 |
| assembly for such purpose from funds appropriated for the purposes | 62170 |
| of section 3317.06 of the Revised Code. | 62171 |
| Sec. 3365.08. (A) A college that expects to receive or | 62172 |
| receives reimbursement under section 3365.07 of the Revised Code | 62173 |
| or through alternative funding agreements entered into under rules | 62174 |
| adopted under section 3365.12 of the Revised Code shall furnish to | 62175 |
| a participant all textbooks and materials directly related to a | 62176 |
| course taken by the participant under division (B) of section | 62177 |
| 3365.04 of the Revised Code. No college shall charge such | 62178 |
| participant for tuition, textbooks, materials, or other fees | 62179 |
| directly related to any such course. | 62180 |
| (B) No student enrolled under this chapter in a course for | 62181 |
| which credit toward high school graduation is awarded shall | 62182 |
| receive direct financial aid through any state or federal program. | 62183 |
| (C) If a school district provides transportation for resident | 62184 |
| school students in grades eleven and twelve under section 3327.01 | 62185 |
| of the Revised Code, a parent of a pupil enrolled in a course | 62186 |
| under division (A)(2) or (B) of section 3365.04 of the Revised | 62187 |
| Code may apply to the board of education for full or partial | 62188 |
| reimbursement for the necessary costs of transporting the student | 62189 |
| between the secondary school the student attends and the college | 62190 |
| in which the student is enrolled. Reimbursement may be paid solely | 62191 |
|
from funds received by the district under | 62192 |
| 62193 | |
| shall establish guidelines, based on financial need, under which a | 62194 |
| district may provide such reimbursement. | 62195 |
| (D) If a community school provides or arranges transportation | 62196 |
| for its pupils in grades nine through twelve under section | 62197 |
| 3314.091 of the Revised Code, a parent of a pupil of the community | 62198 |
| school who is enrolled in a course under division (A)(2) or (B) of | 62199 |
| section 3365.04 of the Revised Code may apply to the governing | 62200 |
| authority of the community school for full or partial | 62201 |
| reimbursement of the necessary costs of transporting the student | 62202 |
| between the community school and the college. The governing | 62203 |
| authority may pay the reimbursement in accordance with the state | 62204 |
| board's rules adopted under division (C) of this section solely | 62205 |
| from funds paid to it under section 3314.091 of the Revised Code. | 62206 |
| Sec. 3365.09. Section 3365.07 | 62207 |
| section 3365.08, and agreements entered into under rules adopted | 62208 |
| under section 3365.12 of the Revised Code do not apply to any | 62209 |
| college course in which a student is enrolled if during the term | 62210 |
| such student is enrolled in the college course the student is | 62211 |
| also a full-time student in the student's district, community | 62212 |
| school, STEM school, or nonpublic school. The rules adopted under | 62213 |
| section 3365.02 of the Revised Code shall prescribe a method for | 62214 |
| determining whether a student is enrolled full-time in the | 62215 |
| student's district, community school, STEM school, or nonpublic | 62216 |
| school. | 62217 |
| Sec. 3365.10. As used in this section, the "base amount" for | 62218 |
| any school year is one million dollars. "Full-time equivalency | 62219 |
| percentage" and "percentage of the school day" enrolled in college | 62220 |
| shall be determined under the rules described by divisions (A)(1) | 62221 |
| and (4) of section 3365.07 of the Revised Code or the rules | 62222 |
| adopted under section 3365.12 of the Revised Code. | 62223 |
| (A) Each nonpublic school student who wishes to become a | 62224 |
| participant in any school year shall send to the department of | 62225 |
|
education a copy of | 62226 |
| and an application. The application shall be made on forms | 62227 |
| provided by the state board and shall include information about | 62228 |
| the student's proposed participation, including the school year in | 62229 |
|
which | 62230 |
| the student wishes to enroll during such year; the student's | 62231 |
| expected full-time equivalency percentage for each such semester | 62232 |
| or term; and the percentage of the school day each such semester | 62233 |
| or term that the student expects to be enrolled in programs | 62234 |
| provided by a college under division (B) of section 3365.04 of the | 62235 |
| Revised Code. The department shall mark each application with the | 62236 |
| date and time of receipt. | 62237 |
| (B) Calculations involving applications under this division | 62238 |
| shall be made in the order in which the applications are received. | 62239 |
| Upon receipt of an application under division (A) of this | 62240 |
| section, the department shall calculate the amount the college | 62241 |
| would be paid under division (B) of section 3365.07 of the Revised | 62242 |
| Code or through alternative funding agreements entered into under | 62243 |
| rules adopted under section 3365.12 of the Revised Code for the | 62244 |
|
student's expected participation. | 62245 |
| division (B) of section 3365.07 of the Revised Code, the | 62246 |
| department shall subtract each such calculated amount from the | 62247 |
| base amount for that year, or the amount remaining for that year | 62248 |
| after the subtraction from the base amount of amounts previously | 62249 |
| calculated under this division as a result of prior applications | 62250 |
| for participation in that year, whichever is the lesser amount. | 62251 |
| (C) If such a subtraction under division (B) of this section | 62252 |
| results in a positive number, the department shall notify the | 62253 |
|
applicant within three weeks of the receipt of | 62254 |
|
that | 62255 |
| enrollment options program to the extent indicated in the | 62256 |
| application. | 62257 |
| (D) If such a subtraction under division (B) of this section | 62258 |
| results in a negative number, the department shall, within one | 62259 |
| week of the receipt of such application, notify the applicant, the | 62260 |
| applicant's nonpublic school, and the college accepting the | 62261 |
| applicant that funds will not be available for the applicant's | 62262 |
| participation in the program during the year for which the | 62263 |
| application was made. The department shall also notify all | 62264 |
| applicants whose applications for that year are subsequently | 62265 |
| received, their nonpublic schools, and the colleges accepting them | 62266 |
| of the same fact. | 62267 |
| (E) No applicant receiving notification under division (D) of | 62268 |
| this section may become a participant under division (B) of | 62269 |
|
section 3365.04 of the Revised Code for the year for which | 62270 |
| applicant applied and no college shall be paid under division (B) | 62271 |
| of section 3365.07 of the Revised Code or through alternative | 62272 |
| funding agreements entered into under rules adopted under section | 62273 |
| 3365.12 of the Revised Code for participation by any such | 62274 |
| applicant in such year. | 62275 |
| Sec. 3365.12. The superintendent of public instruction and | 62276 |
| the chancellor of the Ohio board of regents jointly may adopt | 62277 |
| rules in accordance with Chapter 119. of the Revised Code | 62278 |
| permitting a board of education of a school district or joint | 62279 |
| vocational school district, governing authority of a community | 62280 |
| school, governing body of a STEM school, or governing authority of | 62281 |
| a participating nonpublic school to enter into an agreement with a | 62282 |
| college or university to use an alternate funding formula to | 62283 |
| calculate, or an alternate method to transmit, the amount the | 62284 |
| college or university would be paid for a student participating in | 62285 |
| a program under this chapter, including the program known as | 62286 |
| seniors to sophomores. | 62287 |
| Rules adopted under this section may include, but need not be | 62288 |
| limited to, any of the following alternative funding options: | 62289 |
| (A) Direct payment of funds necessary to support students | 62290 |
| participating in a program under this chapter, including the | 62291 |
| seniors to sophomores program, by the school district, joint | 62292 |
| vocational school district, community school, STEM school, or any | 62293 |
| combination thereof, to the college or university in which the | 62294 |
| student enrolled; | 62295 |
| (B) Alternate funding formulas to calculate the amount of | 62296 |
| money to be paid to colleges for participants; | 62297 |
| (C) A negotiated amount to be paid, as agreed by the school | 62298 |
| district, joint vocational school district, community school, or | 62299 |
| STEM school and the college or university. | 62300 |
| Sec. 3375.79. There is hereby created in the state treasury | 62301 |
| the Bill and Melinda Gates foundation grant fund consisting of | 62302 |
| Bill and Melinda Gates foundation grants awarded to the state | 62303 |
| library of Ohio. The state library board shall use the fund for | 62304 |
| the improvement of public library services, interlibrary | 62305 |
| cooperation, or other library purposes. All investment earnings of | 62306 |
| the fund shall be credited to the fund. | 62307 |
| Sec. 3501.17. (A) The expenses of the board of elections | 62308 |
| shall be paid from the county treasury, in pursuance of | 62309 |
| appropriations by the board of county commissioners, in the same | 62310 |
| manner as other county expenses are paid. If the board of county | 62311 |
| commissioners fails to appropriate an amount sufficient to provide | 62312 |
| for the necessary and proper expenses of the board of elections | 62313 |
| pertaining to the conduct of elections, the board of elections | 62314 |
| may apply to the court of common pleas within the county, which | 62315 |
| shall fix the amount necessary to be appropriated and the amount | 62316 |
| shall be appropriated. Payments shall be made upon vouchers of the | 62317 |
| board of elections certified to by its chairperson or acting | 62318 |
| chairperson and the director or deputy director, upon warrants of | 62319 |
| the county auditor. | 62320 |
| The board of elections shall not incur any obligation | 62321 |
| involving the expenditure of money unless there are moneys | 62322 |
| sufficient in the funds appropriated therefor to meet the | 62323 |
| obligation. If the board of elections requests a transfer of funds | 62324 |
| from one of its appropriation items to another, the board of | 62325 |
| county commissioners shall adopt a resolution providing for the | 62326 |
| transfer except as otherwise provided in section 5705.40 of the | 62327 |
| Revised Code. The expenses of the board of elections shall be | 62328 |
| apportioned among the county and the various subdivisions as | 62329 |
| provided in this section, and the amount chargeable to each | 62330 |
| subdivision shall be withheld by the auditor from the moneys | 62331 |
| payable thereto at the time of the next tax settlement. At the | 62332 |
| time of submitting budget estimates in each year, the board of | 62333 |
| elections shall submit to the taxing authority of each | 62334 |
| subdivision, upon the request of the subdivision, an estimate of | 62335 |
| the amount to be withheld from the subdivision during the next | 62336 |
| fiscal year. | 62337 |
| (B) Except as otherwise provided in division (F) of this | 62338 |
| section, the compensation of the members of the board of | 62339 |
| elections and of the director, deputy director, and regular | 62340 |
| employees in the board's offices, other than compensation for | 62341 |
| overtime worked; the expenditures for the rental, furnishing, and | 62342 |
| equipping of the office of the board and for the necessary office | 62343 |
| supplies for the use of the board; the expenditures for the | 62344 |
| acquisition, repair, care, and custody of the polling places, | 62345 |
| booths, guardrails, and other equipment for polling places; the | 62346 |
| cost of tally sheets, maps, flags, ballot boxes, and all other | 62347 |
| permanent records and equipment; the cost of all elections held | 62348 |
| in and for the state and county; and all other expenses of the | 62349 |
| board which are not chargeable to a political subdivision in | 62350 |
| accordance with this section shall be paid in the same manner as | 62351 |
| other county expenses are paid. | 62352 |
| (C) The compensation of judges of elections and intermittent | 62353 |
| employees in the board's offices; the cost of renting, moving, | 62354 |
| heating, and lighting polling places and of placing and removing | 62355 |
| ballot boxes and other fixtures and equipment thereof, including | 62356 |
| voting machines, marking devices, and automatic tabulating | 62357 |
| equipment; the cost of printing and delivering ballots, cards of | 62358 |
| instructions, registration lists required under section 3503.23 | 62359 |
| of the Revised Code, and other election supplies, including the | 62360 |
| supplies required to comply with division (H) of section 3506.01 | 62361 |
| of the Revised Code; the cost of contractors engaged by the board | 62362 |
| to prepare, program, test, and operate voting machines, marking | 62363 |
| devices, and automatic tabulating equipment; and all other | 62364 |
| expenses of conducting primaries and elections in the odd-numbered | 62365 |
| years shall be charged to the subdivisions in and for which such | 62366 |
| primaries or elections are held. The charge for each primary or | 62367 |
| general election in odd-numbered years for each subdivision shall | 62368 |
| be determined in the following manner: first, the total cost of | 62369 |
| all chargeable items used in conducting such elections shall be | 62370 |
| ascertained; second, the total charge shall be divided by the | 62371 |
| number of precincts participating in such election, in order to | 62372 |
| fix the cost per precinct; third, the cost per precinct shall be | 62373 |
| prorated by the board of elections to the subdivisions conducting | 62374 |
| elections for the nomination or election of offices in such | 62375 |
| precinct; fourth, the total cost for each subdivision shall be | 62376 |
| determined by adding the charges prorated to it in each precinct | 62377 |
| within the subdivision. | 62378 |
| (D) The entire cost of special elections held on a day other | 62379 |
| than the day of a primary or general election, both in | 62380 |
| odd-numbered or in even-numbered years, shall be charged to the | 62381 |
| subdivision. Where a special election is held on the same day as a | 62382 |
| primary or general election in an even-numbered year, the | 62383 |
| subdivision submitting the special election shall be charged only | 62384 |
| for the cost of ballots and advertising. Where a special election | 62385 |
| is held on the same day as a primary or general election in an | 62386 |
| odd-numbered year, the subdivision submitting the special election | 62387 |
| shall be charged for the cost of ballots and advertising for such | 62388 |
| special election, in addition to the charges prorated to such | 62389 |
| subdivision for the election or nomination of candidates in each | 62390 |
| precinct within the subdivision, as set forth in the preceding | 62391 |
| paragraph. | 62392 |
| (E) Where a special election is held on the day specified by | 62393 |
| division (E) of section 3501.01 of the Revised Code for the | 62394 |
| holding of a primary election, for the purpose of submitting to | 62395 |
| the voters of the state constitutional amendments proposed by the | 62396 |
| general assembly, and a subdivision conducts a special election on | 62397 |
| the same day, the entire cost of the special election shall be | 62398 |
| divided proportionally between the state and the subdivision based | 62399 |
| upon a ratio determined by the number of issues placed on the | 62400 |
| ballot by each, except as otherwise provided in division (G) of | 62401 |
| this section. Such proportional division of cost shall be made | 62402 |
| only to the extent funds are available for such purpose from | 62403 |
| amounts appropriated by the general assembly to the secretary of | 62404 |
| state. If a primary election is also being conducted in the | 62405 |
| subdivision, the costs shall be apportioned as otherwise provided | 62406 |
| in this section. | 62407 |
| (F) When a precinct is open during a general, primary, or | 62408 |
| special election solely for the purpose of submitting to the | 62409 |
| voters a statewide ballot issue, the state shall bear the entire | 62410 |
| cost of the election in that precinct and shall reimburse the | 62411 |
| county for all expenses incurred in opening the precinct. | 62412 |
| (G)(1) The state shall bear the entire cost of advertising in | 62413 |
| newspapers statewide ballot issues, explanations of those issues, | 62414 |
| and arguments for or against those issues, as required by Section | 62415 |
| 1g of Article II and Section 1 of Article XVI, Ohio Constitution, | 62416 |
| and any other section of law. Appropriations made to the | 62417 |
| controlling board shall be used to reimburse the secretary of | 62418 |
| state for all expenses the secretary of state incurs for such | 62419 |
| advertising under division (G) of section 3505.062 of the | 62420 |
| Revised Code. | 62421 |
| (2) There is hereby created in the state treasury the | 62422 |
| statewide ballot advertising fund. The fund shall receive | 62423 |
| transfers approved by the controlling board, and shall be used by | 62424 |
| the secretary of state to pay the costs of advertising state | 62425 |
| ballot issues as required under division (G)(1) of this section. | 62426 |
| Any such transfers may be requested from and approved by the | 62427 |
| controlling board prior to placing the advertising, in order to | 62428 |
| facilitate timely provision of the required advertising. | 62429 |
| (H) The cost of renting, heating, and lighting registration | 62430 |
| places; the cost of the necessary books, forms, and supplies for | 62431 |
| the conduct of registration; and the cost of printing and posting | 62432 |
| precinct registration lists shall be charged to the subdivision in | 62433 |
| which such registration is held. | 62434 |
| (I) At the request of a majority of the members of the board | 62435 |
| of elections, the board of county commissioners may, by | 62436 |
| resolution, establish an elections revenue fund. Except as | 62437 |
| otherwise provided in this division, the purpose of the fund shall | 62438 |
| be to accumulate revenue withheld by or paid to the county under | 62439 |
| this section for the payment of any expense related to the duties | 62440 |
| of the board of elections specified in section 3501.11 of the | 62441 |
| Revised Code, upon approval of a majority of the members of the | 62442 |
| board of elections. The fund shall not accumulate any revenue | 62443 |
| withheld by or paid to the county under this section for the | 62444 |
| compensation of the members of the board of elections or of the | 62445 |
| director, deputy director, or other regular employees in the | 62446 |
| board's offices, other than compensation for overtime worked. | 62447 |
| Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the | 62448 |
| Revised Code, the board of county commissioners may, by | 62449 |
| resolution, transfer money to the elections revenue fund from any | 62450 |
| other fund of the political subdivision from which such payments | 62451 |
| lawfully may be made. Following an affirmative vote of a majority | 62452 |
| of the members of the board of elections, the board of county | 62453 |
| commissioners may, by resolution, rescind an elections revenue | 62454 |
| fund established under this division. If an elections revenue fund | 62455 |
| is rescinded, money that has accumulated in the fund shall be | 62456 |
| transferred to the county general fund. | 62457 |
| (J) As used in this section: | 62458 |
| (1) "Political subdivision" and "subdivision" mean any board | 62459 |
| of county commissioners, board of township trustees, legislative | 62460 |
| authority of a municipal corporation, board of education, or any | 62461 |
| other board, commission, district, or authority that is empowered | 62462 |
| to levy taxes or permitted to receive the proceeds of a tax levy, | 62463 |
| regardless of whether the entity receives tax settlement moneys as | 62464 |
| described in division (A) of this section; | 62465 |
| (2) "Statewide ballot issue" means any ballot issue, whether | 62466 |
| proposed by the general assembly or by initiative or referendum, | 62467 |
| that is submitted to the voters throughout the state. | 62468 |
| Sec. 3701.024. (A)(1) Under a procedure established in rules | 62469 |
| adopted under section 3701.021 of the Revised Code, the department | 62470 |
| of health shall determine the amount each county shall provide | 62471 |
| annually for the program for medically handicapped children, based | 62472 |
| on a proportion of the county's total general property tax | 62473 |
| duplicate, not to exceed one-tenth of a mill, and charge the | 62474 |
| county for any part of expenses incurred under the program for | 62475 |
| diagnostic and treatment services on behalf of medically | 62476 |
| handicapped children having legal settlement in the county that is | 62477 |
| not paid from federal funds or through the medical assistance | 62478 |
| program established under section 5111.01 of the Revised Code. The | 62479 |
| department shall not charge the county for expenses exceeding the | 62480 |
| difference between the amount determined under division (A)(1) of | 62481 |
| this section and any amounts retained under divisions (A)(2) and | 62482 |
| (3) of this section. | 62483 |
| All amounts collected by the department under division (A)(1) | 62484 |
| of this section shall be deposited into the state treasury to the | 62485 |
| credit of the medically handicapped children-county assessment | 62486 |
| fund, which is hereby created. The fund shall be used by the | 62487 |
| department to comply with sections 3701.021 to 3701.028 of the | 62488 |
| Revised Code. | 62489 |
| (2) The department, in accordance with rules adopted under | 62490 |
| section 3701.021 of the Revised Code, may allow each county to | 62491 |
| retain up to ten per cent of the amount determined under division | 62492 |
| (A)(1) of this section to provide funds to city or general health | 62493 |
| districts of the county with which the districts shall provide | 62494 |
| service coordination, public health nursing, or transportation | 62495 |
| services for medically handicapped children. | 62496 |
| (3) In addition to any amount retained under division (A)(2) | 62497 |
| of this section, the department, in accordance with rules adopted | 62498 |
| under section 3701.021 of the Revised Code, may allow counties | 62499 |
| that it determines have significant numbers of potentially | 62500 |
| eligible medically handicapped children to retain an amount equal | 62501 |
| to the difference between: | 62502 |
| (a) Twenty-five per cent of the amount determined under | 62503 |
| division (A)(1) of this section; | 62504 |
| (b) Any amount retained under division (A)(2) of this | 62505 |
| section. | 62506 |
| Counties shall use amounts retained under division (A)(3) of | 62507 |
| this section to provide funds to city or general health districts | 62508 |
| of the county with which the districts shall conduct outreach | 62509 |
| activities to increase participation in the program for medically | 62510 |
| handicapped children. | 62511 |
| (4) Prior to any increase in the millage charged to a county, | 62512 |
| the public health council shall hold a public hearing on the | 62513 |
| proposed increase and shall give notice of the hearing to each | 62514 |
| board of county commissioners that would be affected by the | 62515 |
| increase at least thirty days prior to the date set for the | 62516 |
| hearing. Any county commissioner may appear and give testimony at | 62517 |
| the hearing. Any increase in the millage any county is required to | 62518 |
| provide for the program for medically handicapped children shall | 62519 |
| be determined, and notice of the amount of the increase shall be | 62520 |
| provided to each affected board of county commissioners, no later | 62521 |
| than the first day of June of the fiscal year next preceding the | 62522 |
| fiscal year in which the increase will take effect. | 62523 |
| (B) Each board of county commissioners shall establish a | 62524 |
| medically handicapped children's fund and shall appropriate | 62525 |
| thereto an amount, determined in accordance with division (A)(1) | 62526 |
| of this section, for the county's share in providing medical, | 62527 |
| surgical, and other aid to medically handicapped children residing | 62528 |
| in such county and for the purposes specified in divisions (A)(2) | 62529 |
| and (3) of this section. Each county shall use money retained | 62530 |
| under divisions (A)(2) and (3) of this section only for the | 62531 |
| purposes specified in those divisions. | 62532 |
| Sec. 3701.0211. (A) There is hereby created the hemophilia | 62533 |
| advisory council in the department of health. The council shall | 62534 |
| consist of the following members: | 62535 |
| (1) The following nonvoting members: | 62536 |
| (a) The director of health or the director's designee; | 62537 |
| (b) The superintendent of insurance or the superintendent's | 62538 |
| designee; | 62539 |
| (c) A representative of the department of job and family | 62540 |
| services. | 62541 |
| (2) The following voting members, to be appointed by the | 62542 |
| governor with the advice and consent of the senate: | 62543 |
| (a) Two individuals authorized under Chapter 4731. of the | 62544 |
| Revised Code to practice medicine and surgery or osteopathic | 62545 |
| medicine and surgery who are currently treating patients with | 62546 |
| hemophilia or related bleeding disorders, one of whom specializes | 62547 |
| in pediatrics and one of whom specializes in the treatment of | 62548 |
| adults; | 62549 |
| (b) An individual licensed under Chapter 4723. of the Revised | 62550 |
| Code to practice nursing who is currently treating patients with | 62551 |
| hemophilia or related bleeding disorders; | 62552 |
| (c) An individual licensed under Chapter 4757. of the Revised | 62553 |
| Code as an independent social worker or social worker who is | 62554 |
| currently treating patients with hemophilia or related bleeding | 62555 |
| disorders; | 62556 |
| (d) A representative of a federally funded hemophilia | 62557 |
| treatment center; | 62558 |
| (e) A representative of a health insuring corporation that | 62559 |
| holds a certificate of authority issued under Chapter 1751. of the | 62560 |
| Revised Code or a company authorized under Chapter 3923. of the | 62561 |
| Revised Code to do the business of sickness and accident insurance | 62562 |
| in this state; | 62563 |
| (f) A representative of an Ohio chapter of the national | 62564 |
| hemophilia foundation that serves the community of persons with | 62565 |
| hemophilia and related bleeding disorders; | 62566 |
| (g) An adult with hemophilia or caregiver of an adult with | 62567 |
| hemophilia; | 62568 |
| (h) A caregiver of a minor with hemophilia; | 62569 |
| (i) A person with a bleeding disorder other than hemophilia | 62570 |
| or caregiver of a person with a bleeding disorder other than | 62571 |
| hemophilia; | 62572 |
| (j) A person with hemophilia who is a member of the Amish | 62573 |
| sect or a health professional currently treating persons with | 62574 |
| hemophilia who are members of the Amish sect. | 62575 |
| (B) Not later than ninety days after the effective date of | 62576 |
| this section, the governor shall make initial appointments to the | 62577 |
| council. Of the initial appointments, four shall be for terms | 62578 |
| ending two years after the effective date of this section, four | 62579 |
| shall be for terms ending three years after that date, and three | 62580 |
| shall be for terms ending four years after that date. Thereafter, | 62581 |
| terms of office shall be two years, with each term ending on the | 62582 |
| same day of the same month as the term it succeeds. Each member | 62583 |
| shall hold office from the date of appointment until the end of | 62584 |
| the term for which the member was appointed. Members may be | 62585 |
| reappointed. | 62586 |
| Vacancies shall be filled in the same manner as original | 62587 |
| appointments. Any member appointed to fill a vacancy occurring | 62588 |
| prior to the expiration of the term for which the member's | 62589 |
| predecessor was appointed shall hold office for the remainder of | 62590 |
| that term. A member shall continue in office subsequent to the | 62591 |
| expiration date of the member's term until the member's successor | 62592 |
| takes office or until a period of sixty days has elapsed, | 62593 |
| whichever occurs first. | 62594 |
| (C) The voting members shall elect from among the council's | 62595 |
| members a chairperson who shall serve a one-year term. The council | 62596 |
| shall meet at the call of the chairperson, but not less than four | 62597 |
| times each year. A majority of the members of the council | 62598 |
| constitutes a quorum. | 62599 |
| (D) Members shall serve without compensation, but may be | 62600 |
| reimbursed for actual and necessary expenses incurred in the | 62601 |
| performance of their duties. | 62602 |
| (E) The council shall advise the director of health on all of | 62603 |
| the following: | 62604 |
| (1) Reviewing the impact of changes to both of the following: | 62605 |
| (a) Existing programs for persons with hemophilia and related | 62606 |
| bleeding disorders; | 62607 |
| (b) Existing policies for persons with hemophilia and | 62608 |
| related bleeding disorders. | 62609 |
| (2) Developing standards of care and standards of treatment | 62610 |
| for persons with hemophilia and related bleeding disorders; | 62611 |
| (3) Developing programs of care and programs of treatment for | 62612 |
| persons with hemophilia and related bleeding disorders, including | 62613 |
| self-administration of medication, home care, medical and dental | 62614 |
| procedures, and techniques designed to provide maximum control | 62615 |
| over bleeding episodes; | 62616 |
| (4) Reviewing data and making recommendations regarding the | 62617 |
| ability of persons with hemophilia and related bleeding disorders | 62618 |
| to obtain appropriate health insurance coverage and access to | 62619 |
| appropriate care; | 62620 |
| (5) Coordinating with other state agencies and private | 62621 |
| organizations to develop community-based initiatives to increase | 62622 |
| awareness of hemophilia and related bleeding disorders. | 62623 |
| (F) The council shall annually submit to the governor and | 62624 |
| general assembly a report with recommendations on increasing | 62625 |
| access to care and treatment and obtaining appropriate health | 62626 |
| insurance coverage for persons with hemophilia and related | 62627 |
| bleeding disorders. | 62628 |
| Sec. 3701.045. (A) The department of health, in consultation | 62629 |
| with the children's trust fund board established under section | 62630 |
| 3109.15 of the Revised Code and any bodies acting as child | 62631 |
|
fatality review
boards on | 62632 |
| October 5, 2000, shall adopt rules in accordance with Chapter 119. | 62633 |
| of the Revised Code that establish a procedure for child fatality | 62634 |
| review boards to follow in conducting a review of the death of a | 62635 |
| child. The rules shall do all of the following: | 62636 |
| (1) Establish the format for the annual reports required by | 62637 |
| section 307.626 of the Revised Code; | 62638 |
| (2) Establish guidelines for a child fatality review board to | 62639 |
| follow in compiling statistics for annual reports so that the | 62640 |
| reports do not contain any information that would permit any | 62641 |
| person's identity to be ascertained from a report; | 62642 |
| (3) Establish guidelines for a child fatality review board to | 62643 |
| follow in creating and maintaining the comprehensive database of | 62644 |
| child deaths required by section 307.623 of the Revised Code, | 62645 |
| including provisions establishing uniform record-keeping | 62646 |
| procedures; | 62647 |
| (4) Establish guidelines for reporting child fatality review | 62648 |
| data to the department of health or a national child death review | 62649 |
| database, either of which must maintain the confidentiality of | 62650 |
| information that would permit a person's identity to be | 62651 |
| ascertained; | 62652 |
| (5) Establish guidelines, materials, and training to help | 62653 |
| educate members of child fatality review boards about the purpose | 62654 |
| of the review process and the confidentiality of the information | 62655 |
| described in section 307.629 of the Revised Code and to make them | 62656 |
| aware that such information is not a public record under section | 62657 |
| 149.43 of the Revised Code. | 62658 |
| (B) On or before the thirtieth day of September of each year, | 62659 |
| the department of health and the children's trust fund board | 62660 |
| jointly shall prepare and publish a report organizing and setting | 62661 |
| forth the data from the department of health child death review | 62662 |
| database or the national child death review database, data in all | 62663 |
| the reports provided by child fatality review boards in their | 62664 |
|
annual reports for the
previous calendar
year, and | 62665 |
| recommendations for any changes to law and policy that might | 62666 |
| prevent future deaths. The department and the children's trust | 62667 |
| fund board jointly shall provide a copy of the report to the | 62668 |
| governor, the speaker of the house of representatives, the | 62669 |
| president of the senate, the minority leaders of the house of | 62670 |
| representatives and the senate, each county or regional child | 62671 |
| fatality review board, and each county or regional family and | 62672 |
| children first council. | 62673 |
| Sec. 3701.07. (A) The public health council shall adopt | 62674 |
| rules in accordance with Chapter 119. of the Revised Code defining | 62675 |
| and classifying hospitals and dispensaries and providing for the | 62676 |
| reporting of information by hospitals and dispensaries. Except as | 62677 |
| otherwise provided in the Revised Code, the rules providing for | 62678 |
| the reporting of information shall not require inclusion of any | 62679 |
| confidential patient data or any information concerning the | 62680 |
| financial condition, income, expenses, or net worth of the | 62681 |
| facilities other than that financial information already contained | 62682 |
| in those portions of the medicare or medicaid cost report that is | 62683 |
| necessary for the department of health to certify the per diem | 62684 |
| cost under section 3701.62 of the Revised Code. The rules may | 62685 |
| require the reporting of information in the following categories: | 62686 |
| (1) Information needed to identify and classify the | 62687 |
| institution; | 62688 |
| (2) Information on facilities and type and volume of services | 62689 |
| provided by the institution; | 62690 |
| (3) The number of beds listed by category of care provided; | 62691 |
| (4) The number of licensed or certified professional | 62692 |
| employees by classification; | 62693 |
| (5) The number of births that occurred at the institution the | 62694 |
| previous calendar year; | 62695 |
| (6) Any other information that the council considers relevant | 62696 |
| to the safety of patients served by the institution. | 62697 |
| Every hospital and dispensary, public or private, annually | 62698 |
| shall register with and report to the department of health. | 62699 |
| Reports shall be submitted in the manner prescribed in rules | 62700 |
| adopted under this division. | 62701 |
| (B) Every governmental entity or private nonprofit | 62702 |
| corporation or association whose employees or representatives are | 62703 |
| defined as residents' rights advocates under divisions (E)(1) and | 62704 |
| (2) of section 3721.10 or division (A)(10) of section 3722.01 of | 62705 |
| the Revised Code shall register with the department of health on | 62706 |
| forms furnished by the director of health and shall provide such | 62707 |
| reasonable identifying information as the director may prescribe. | 62708 |
| The department shall compile a list of the governmental | 62709 |
| entities, corporations, or associations registering under this | 62710 |
| division and shall update the list annually. Copies of the list | 62711 |
| shall be made available to nursing home administrators as defined | 62712 |
| in division (C) of section 3721.10 of the Revised Code and to | 62713 |
| adult care facility managers as defined in section 3722.01 of the | 62714 |
| Revised Code. | 62715 |
| | 62716 |
| 62717 | |
| 62718 | |
| 62719 | |
| 62720 | |
| 62721 | |
| 62722 |
| | 62723 |
| 62724 | |
| 62725 | |
| 62726 | |
| 62727 | |
| 62728 |
| Sec. 3701.136. (A) There is hereby created the sickle cell | 62729 |
| anemia advisory committee. The committee shall assist the | 62730 |
| director of health in fulfilling the director's duties under | 62731 |
| section 3701.131 of the Revised Code. | 62732 |
| (B) The director shall appoint five members to the committee | 62733 |
| who are familiar with sickle cell anemia, including researchers, | 62734 |
| health care professionals, and persons personally affected by | 62735 |
| sickle cell anemia. | 62736 |
| Not later than ninety days after the effective date of this | 62737 |
| section, the director shall make initial appointments to the | 62738 |
| committee. Of the initial appointments, one shall be for a term | 62739 |
| ending one year after the effective date of this section, two | 62740 |
| shall be for terms ending two years after that date, and two shall | 62741 |
| be for terms ending three years after that date. Thereafter, terms | 62742 |
| of office shall be three years, with each term ending on the same | 62743 |
| day of the same month as did the term that it succeeds. Each | 62744 |
| member shall hold office from the date of appointment until the | 62745 |
| end of the term for which the member was appointed. Members may be | 62746 |
| reappointed. | 62747 |
| Vacancies shall be filled in the same manner as original | 62748 |
| appointments. Any member appointed to fill a vacancy occurring | 62749 |
| prior to the expiration of the term for which the member's | 62750 |
| predecessor was appointed shall hold office for the remainder of | 62751 |
| that term. A member shall continue in office subsequent to the | 62752 |
| expiration date of the member's term until the member's successor | 62753 |
| takes office or until a period of sixty days has elapsed, | 62754 |
| whichever occurs first. | 62755 |
| Members of the committee shall serve without compensation, | 62756 |
| but may be reimbursed for actual and necessary expenses incurred | 62757 |
| in the performance of their duties. | 62758 |
| (C) The committee shall annually select from among its | 62759 |
| members a chairperson. The committee shall meet at the call of the | 62760 |
| chairperson, but not less than twice each year. A majority of the | 62761 |
| members of the committee constitutes a quorum. | 62762 |
| Sec. 3701.344. As used in this section and sections | 62763 |
| 3701.345, 3701.346, and 3701.347 of the Revised Code: | 62764 |
| (A) "Private water system" means any water system for the | 62765 |
| provision of water for human consumption, if such system has fewer | 62766 |
| than fifteen service connections and does not regularly serve an | 62767 |
| average of at least twenty-five individuals daily at least sixty | 62768 |
| days out of the year. A private water system includes any well, | 62769 |
| spring, cistern, pond, or hauled water and any equipment for the | 62770 |
| collection, transportation, filtration, disinfection, treatment, | 62771 |
| or storage of such water extending from and including the source | 62772 |
| of the water to the point of discharge from any pressure tank or | 62773 |
| other storage vessel; to the point of discharge from the water | 62774 |
| pump where no pressure tank or other storage vessel is present; | 62775 |
| or, in the case of multiple service connections serving more than | 62776 |
| one dwelling, to the point of discharge from each service | 62777 |
|
connection. | 62778 |
| water service line extending from the point of discharge to a | 62779 |
| structure. | 62780 |
| (B) Notwithstanding section 3701.347 of the Revised Code and | 62781 |
| subject to division (C) of this section, rules adopted by the | 62782 |
| public health council regarding private water systems shall | 62783 |
| provide for the following: | 62784 |
| (1) Except as otherwise provided in this division, boards of | 62785 |
| health of city or general health districts shall be given the | 62786 |
| exclusive power to establish fees in accordance with section | 62787 |
| 3709.09 of the Revised Code for administering and enforcing such | 62788 |
| rules. Such fees shall establish a different rate for | 62789 |
| administering and enforcing the rules relative to private water | 62790 |
| systems serving single-family dwelling houses and nonsingle-family | 62791 |
| dwelling houses. Except for an amount established by the public | 62792 |
| health council, pursuant to division (B)(5) of this section, for | 62793 |
| each new private water system installation, no portion of any fee | 62794 |
| for administering and enforcing such rules shall be returned to | 62795 |
| the department of health. If the director of health determines | 62796 |
| that a board of health of a city or general health district is | 62797 |
| unable to administer and enforce a private water system program in | 62798 |
| the district, the director shall administer and enforce such a | 62799 |
| program in the district and establish fees for such administration | 62800 |
| and enforcement. | 62801 |
| (2) Boards of health of city or general health districts | 62802 |
| shall be given the exclusive power to determine the number of | 62803 |
| inspections necessary for determining the safe drinking | 62804 |
| characteristics of a private water system. | 62805 |
| (3) Private water systems contractors, as a condition of | 62806 |
| doing business in this state, shall annually register with, and | 62807 |
| comply with surety bonding requirements of, the department of | 62808 |
|
health. No such contractor shall be permitted to register if | 62809 |
| the contractor fails to comply with all applicable rules adopted | 62810 |
| by the public health council and the board of health of the city | 62811 |
| or general health district. The annual registration fee for | 62812 |
| private water systems contractors shall be sixty-five dollars. The | 62813 |
| public health council, by rule adopted in accordance with Chapter | 62814 |
| 119. of the Revised Code, may increase the annual registration | 62815 |
| fee. Before January 1, 1993, the fee shall not be increased by | 62816 |
| more than fifty per cent of the amount prescribed by this section. | 62817 |
| (4) Boards of health of city or general health districts | 62818 |
| subject to such rules of the public health council shall have the | 62819 |
| option of determining whether bacteriological examinations shall | 62820 |
| be performed at approved laboratories of the state or at approved | 62821 |
| private laboratories. | 62822 |
| (5) The public health council may establish fees for each new | 62823 |
| private water system installation, which shall be collected by the | 62824 |
|
appropriate | 62825 |
| 62826 | |
| pursuant to section 3709.092 of the Revised Code. | 62827 |
| (6) All fees | 62828 |
| under divisions (B)(1), (3), and (5) of this section shall be | 62829 |
| deposited in the state treasury to the credit of the general | 62830 |
| operations fund created in section 3701.83 of the Revised Code | 62831 |
| for use in the administration and enforcement of sections | 62832 |
| 3701.344 to 3701.347 of the Revised Code and the rules pertaining | 62833 |
| to private water systems adopted under those sections or section | 62834 |
| 3701.34 of the Revised Code. | 62835 |
| (C) To the extent that rules adopted under division (B) of | 62836 |
| this section require health districts to follow specific | 62837 |
| procedures or use prescribed forms, no such procedure or form | 62838 |
| shall be implemented until it is approved by majority vote of an | 62839 |
| approval board of health commissioners, hereby created. Members of | 62840 |
| the board shall be the officers of the association of Ohio health | 62841 |
| commissioners, or any successor organization, and membership on | 62842 |
| the board shall be coterminous with holding an office of the | 62843 |
| association. No health district is required to follow a procedure | 62844 |
| or use a form required by a rule adopted under division (B) of | 62845 |
| this section without the approval of the board. | 62846 |
| (D) A board of health shall collect well log filing fees on | 62847 |
| behalf of the division of soil and water resources in the | 62848 |
| department of natural resources in accordance with section | 62849 |
| 1521.05 of the Revised Code and rules adopted under it. The fees | 62850 |
| shall be submitted to the division quarterly as provided in those | 62851 |
| rules. | 62852 |
| Sec. 3701.611. (A) The governor shall create the help me | 62853 |
| grow advisory council in accordance with 20 U.S.C. 1441, which | 62854 |
| shall serve as the state interagency coordinating council, as | 62855 |
| described in 20 U.S.C. 1441. Members of the council shall | 62856 |
| reasonably represent the population of this state. The governor | 62857 |
| shall appoint as a member of the council a representative of a | 62858 |
| board of health of a city or general health district or an | 62859 |
| authority having the duties of a board of health under section | 62860 |
| 3709.05 of the Revised Code. | 62861 |
| The governor shall appoint one of the council members to | 62862 |
| serve as chairperson of the council, or the governor may delegate | 62863 |
| appointment of the chairperson to the council. No member of the | 62864 |
| council representing the department of health shall serve as | 62865 |
| chairperson. | 62866 |
| (B) The council shall meet at least once in each quarter of | 62867 |
| the calendar year. The chairperson may call additional meetings if | 62868 |
| necessary. | 62869 |
| (C) A member of the council shall not vote on any matter that | 62870 |
| is likely to provide a direct financial benefit to that member or | 62871 |
| otherwise be a conflict of interest. | 62872 |
| (D) The governor may reimburse members of the council for | 62873 |
| actual and necessary expenses incurred in the performance of their | 62874 |
| official duties, including child care for the parent | 62875 |
| representatives described in 20 U.S.C. 1441(b)(1)(A). The governor | 62876 |
| also may compensate members of the council who are not employed or | 62877 |
| who must forfeit wages from other employment when performing | 62878 |
| official council business. | 62879 |
| (E) The department of health shall serve as the "lead | 62880 |
| agency," as described by 20 U.S.C. 1435(a)(10). | 62881 |
| (F) The help me grow advisory council shall do all of the | 62882 |
| following: | 62883 |
| (1) Advise and assist the department of health in the | 62884 |
| performance of the responsibilities described in 20 U.S.C. | 62885 |
| 1435(a)(10), including the following: | 62886 |
| (a) Identification of the sources of fiscal and other support | 62887 |
| for services for early intervention programs; | 62888 |
| (b) Assignment of financial responsibility to the appropriate | 62889 |
| agency, in accordance with 20 U.S.C. 1437(a)(2); | 62890 |
| (c) Promotion of formal interagency agreements that define | 62891 |
| the financial responsibility of each agency for paying for early | 62892 |
| intervention services and procedures for resolving disputes; | 62893 |
| (2) Advise and assist the department of health in the | 62894 |
| preparation and amendment of applications related to the | 62895 |
| department of health's responsibilities described in 20 U.S.C. | 62896 |
| 1435(a)(10); | 62897 |
| (3) Advise and assist the department of education regarding | 62898 |
| the transition of toddlers with disabilities to preschool and | 62899 |
| other appropriate services; | 62900 |
| (4) Prepare and submit an annual report to the governor, | 62901 |
| before the thirtieth day of September, on the status of early | 62902 |
| intervention programs for infants and toddlers with disabilities | 62903 |
| and their families operated within this state during the most | 62904 |
| recent fiscal year. | 62905 |
| (G) The help me grow advisory council may advise and assist | 62906 |
| the department of health and the department of education regarding | 62907 |
| the provision of appropriate services for children age five and | 62908 |
| younger. The council may advise appropriate agencies about the | 62909 |
| integration of services for infants and toddlers with | 62910 |
| disabilities, and at-risk infants and toddlers and their families, | 62911 |
| regardless of whether at-risk infants and toddlers are eligible | 62912 |
| for early intervention services. | 62913 |
| Sec. 3701.78. (A) There is hereby created the commission on | 62914 |
|
minority health, consisting of | 62915 |
| governor shall appoint to the commission nine members from among | 62916 |
| health researchers, health planners, and health professionals. The | 62917 |
| governor also shall appoint two members who are representatives of | 62918 |
| the lupus awareness and education program. The speaker of the | 62919 |
| house of representatives shall appoint to the commission two | 62920 |
| members of the house of representatives, not more than one of whom | 62921 |
| is a member of the same political party, and the president of the | 62922 |
| senate shall appoint to the commission two members of the senate, | 62923 |
| not more than one of whom is a member of the same political party. | 62924 |
| The directors of health, mental health, mental retardation and | 62925 |
| developmental disabilities, alcohol and drug addiction services, | 62926 |
| and job and family services, or their designees, and the | 62927 |
| superintendent of public instruction, or the superintendent's | 62928 |
| designee, shall be members of the commission. The commission | 62929 |
| shall elect a chairperson from among its members. Of the members | 62930 |
| appointed by the governor, five shall be appointed to initial | 62931 |
| terms of one year, and four shall be appointed to initial terms | 62932 |
| of two years. Thereafter, all members appointed by the governor | 62933 |
| shall be appointed to terms of two years. All members of the | 62934 |
| commission appointed by the speaker of the house of | 62935 |
| representatives or the president of the senate shall be nonvoting | 62936 |
| members of the commission and be appointed within thirty days | 62937 |
| after the commencement of the first regular session of each | 62938 |
| general assembly, and shall serve until the expiration of the | 62939 |
| session of the general assembly during which they were appointed. | 62940 |
| Members of the commission shall serve without compensation, but | 62941 |
| shall be reimbursed for the actual and necessary expenses they | 62942 |
| incur in the performance of their official duties. | 62943 |
| (B) The commission shall promote health and the prevention of | 62944 |
| disease among members of minority groups. Each year the commission | 62945 |
| shall distribute grants from available funds to community-based | 62946 |
| health groups to be used to promote health and the prevention of | 62947 |
| disease among members of minority groups. As used in this | 62948 |
| division, "minority group" means any of the following economically | 62949 |
| disadvantaged groups: Blacks, American Indians, Hispanics, and | 62950 |
| Orientals. The commission shall adopt and maintain rules pursuant | 62951 |
| to Chapter 119. of the Revised Code to provide for the | 62952 |
| distribution of these grants. No group shall qualify to receive a | 62953 |
| grant from the commission unless it receives at least twenty per | 62954 |
| cent of its funds from sources other than grants distributed under | 62955 |
| this section. | 62956 |
| (C) The commission may appoint such employees as it considers | 62957 |
| necessary to carry out its duties under this section. The | 62958 |
| department of health shall provide office space for the | 62959 |
| commission. | 62960 |
| (D) The commission shall meet at the call of its chairperson | 62961 |
| to conduct its official business. A majority of the voting members | 62962 |
| of the commission constitute a quorum. The votes of at least eight | 62963 |
| voting members of the commission are necessary for the commission | 62964 |
| to take any official action or to approve the distribution of | 62965 |
| grants under this section. | 62966 |
| Sec. 3701.84. The department of health may prepare a plan | 62967 |
| to reduce tobacco use by Ohioans, with emphasis on reducing the | 62968 |
| use of tobacco by youth, minority and regional populations, | 62969 |
| pregnant women, and others who may be disproportionately affected | 62970 |
| by the use of tobacco. The plan may provide for periodic surveys | 62971 |
| to measure tobacco use and behavior toward tobacco use by | 62972 |
| Ohioans. If the department prepares a plan, copies of the plan | 62973 |
| shall be available to the public. | 62974 |
| The plan may also describe youth tobacco consumption | 62975 |
| prevention programs to be eligible for consideration for grants | 62976 |
| from the department and may set forth the criteria by which | 62977 |
| applications for grants for such programs will be considered by | 62978 |
| the department. Programs eligible for consideration may include: | 62979 |
| (A) Media campaigns directed to youth to prevent underage | 62980 |
| tobacco consumption; | 62981 |
| (B) School-based education programs to prevent youth tobacco | 62982 |
| consumption; | 62983 |
| (C) Community-based youth programs involving youth tobacco | 62984 |
| consumption prevention through general youth development; | 62985 |
| (D) Retailer education and compliance efforts to prevent | 62986 |
| youth tobacco consumption; | 62987 |
| (E) Mentoring programs designed to prevent or reduce tobacco | 62988 |
| use by students. | 62989 |
| Pursuant to the plan, the department may carry out, or | 62990 |
| provide funding for private or public agencies to carry out, | 62991 |
| research and programs related to tobacco use prevention and | 62992 |
| cessation. If the department provides such funding, the department | 62993 |
| shall establish an objective process to determine which research | 62994 |
| and program proposals to fund. When appropriate, proposals for | 62995 |
| research shall be peer-reviewed. No program shall be carried out | 62996 |
| or funded by the department unless there is research that | 62997 |
| indicates that the program is likely to achieve the results | 62998 |
| desired. All research and programs funded by the department shall | 62999 |
| be goal-oriented and independently and objectively evaluated | 63000 |
| annually on whether it is meeting its goals. The department shall | 63001 |
| contract for such evaluations and shall adopt rules under Chapter | 63002 |
| 119. of the Revised Code regarding conflicts of interest in the | 63003 |
| research and programs it funds. | 63004 |
| The department may form a nonprofit corporation pursuant to | 63005 |
| Chapter 1702. of the Revised Code for the purpose of raising money | 63006 |
| to aid the department pursuant to this section. | 63007 |
| The department shall endeavor to coordinate its research and | 63008 |
| programs with the efforts of other agencies of this state to | 63009 |
| reduce tobacco use by Ohioans. Any state agency that conducts a | 63010 |
| survey that measures tobacco use or behavior toward tobacco use by | 63011 |
| Ohioans shall share the results of the survey with the department. | 63012 |
| The department may adopt rules under Chapter 119. of the | 63013 |
| Revised Code as necessary to implement this section. | 63014 |
| Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the | 63015 |
| Revised Code: | 63016 |
| (A) "Applicant" means any person that submits an application | 63017 |
| for a certificate of need and who is designated in the application | 63018 |
| as the applicant. | 63019 |
| (B) "Person" means any individual, corporation, business | 63020 |
| trust, estate, firm, partnership, association, joint stock | 63021 |
| company, insurance company, government unit, or other entity. | 63022 |
| (C) "Certificate of need" means a written approval granted by | 63023 |
| the director of health to an applicant to authorize conducting a | 63024 |
| reviewable activity. | 63025 |
| (D) "Health service area" means a geographic region | 63026 |
| designated by the director of health under section 3702.58 of the | 63027 |
| Revised Code. | 63028 |
| (E) "Health service" means a clinically related service, such | 63029 |
| as a diagnostic, treatment, rehabilitative, or preventive service. | 63030 |
| (F) "Health service agency" means an agency designated to | 63031 |
| serve a health service area in accordance with section 3702.58 of | 63032 |
| the Revised Code. | 63033 |
| (G) "Health care facility" means: | 63034 |
| (1) A hospital registered under section 3701.07 of the | 63035 |
| Revised Code; | 63036 |
| (2) A nursing home licensed under section 3721.02 of the | 63037 |
| Revised Code, or by a political subdivision certified under | 63038 |
| section 3721.09 of the Revised Code; | 63039 |
| (3) A county home or a county nursing home as defined in | 63040 |
| section 5155.31 of the Revised Code that is certified under Title | 63041 |
| XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 63042 |
| U.S.C.A. 301, as amended; | 63043 |
| (4) A freestanding dialysis center; | 63044 |
| (5) A freestanding inpatient rehabilitation facility; | 63045 |
| (6) An ambulatory surgical facility; | 63046 |
| (7) A freestanding cardiac catheterization facility; | 63047 |
| (8) A freestanding birthing center; | 63048 |
| (9) A freestanding or mobile diagnostic imaging center; | 63049 |
| (10) A freestanding radiation therapy center. | 63050 |
| A health care facility does not include the offices of | 63051 |
| private physicians and dentists whether for individual or group | 63052 |
| practice, residential facilities licensed under section 5123.19 of | 63053 |
| the Revised Code, or an institution for the sick that is operated | 63054 |
| exclusively for patients who use spiritual means for healing and | 63055 |
| for whom the acceptance of medical care is inconsistent with their | 63056 |
| religious beliefs, accredited by a national accrediting | 63057 |
| organization, exempt from federal income taxation under section | 63058 |
| 501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 | 63059 |
| U.S.C.A. 1, as amended, and providing twenty-four hour nursing | 63060 |
| care pursuant to the exemption in division (E) of section 4723.32 | 63061 |
| of the Revised Code from the licensing requirements of Chapter | 63062 |
| 4723. of the Revised Code. | 63063 |
| (H) "Medical equipment" means a single unit of medical | 63064 |
| equipment or a single system of components with related functions | 63065 |
| that is used to provide health services. | 63066 |
| (I) "Third-party payer" means a health insuring corporation | 63067 |
| licensed under Chapter 1751. of the Revised Code, a health | 63068 |
| maintenance organization as defined in division (K) of this | 63069 |
| section, an insurance company that issues sickness and accident | 63070 |
| insurance in conformity with Chapter 3923. of the Revised Code, a | 63071 |
| state-financed health insurance program under Chapter 3701., | 63072 |
| 4123., or 5111. of the Revised Code, or any self-insurance plan. | 63073 |
| (J) "Government unit" means the state and any county, | 63074 |
| municipal corporation, township, or other political subdivision of | 63075 |
| the state, or any department, division, board, or other agency of | 63076 |
| the state or a political subdivision. | 63077 |
| (K) "Health maintenance organization" means a public or | 63078 |
| private organization organized under the law of any state that is | 63079 |
| qualified under section 1310(d) of Title XIII of the "Public | 63080 |
| Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. | 63081 |
| (L) "Existing health care facility" means either of the | 63082 |
| following: | 63083 |
| (1) A health care facility that is licensed or otherwise | 63084 |
| authorized to operate in this state in accordance with applicable | 63085 |
| law, including a county home or a county nursing home that is | 63086 |
| certified as of February 1, 2008, under Title XVIII or Title XIX | 63087 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 63088 |
| as amended, is staffed and equipped to provide health care | 63089 |
| services, and is actively providing health services; | 63090 |
| (2) A health care facility that is licensed or otherwise | 63091 |
| authorized to operate in this state in accordance with applicable | 63092 |
| law, including a county home or a county nursing home that is | 63093 |
| certified as of February 1, 2008, under Title XVIII or Title XIX | 63094 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 63095 |
| as amended, or that has beds registered under section 3701.07 of | 63096 |
| the Revised Code as skilled nursing beds or long-term care beds | 63097 |
| and has provided services for at least three hundred sixty-five | 63098 |
| consecutive days within the twenty-four months immediately | 63099 |
| preceding the date a certificate of need application is filed with | 63100 |
| the director of health. | 63101 |
| (M) "State" means the state of Ohio, including, but not | 63102 |
| limited to, the general assembly, the supreme court, the offices | 63103 |
| of all elected state officers, and all departments, boards, | 63104 |
| offices, commissions, agencies, institutions, and other | 63105 |
| instrumentalities of the state of Ohio. "State" does not include | 63106 |
| political subdivisions. | 63107 |
| (N) "Political subdivision" means a municipal corporation, | 63108 |
| township, county, school district, and all other bodies corporate | 63109 |
| and politic responsible for governmental activities only in | 63110 |
| geographic areas smaller than that of the state to which the | 63111 |
| sovereign immunity of the state attaches. | 63112 |
| (O) "Affected person" means: | 63113 |
| (1) An applicant for a certificate of need, including an | 63114 |
| applicant whose application was reviewed comparatively with the | 63115 |
| application in question; | 63116 |
| (2) The person that requested the reviewability ruling in | 63117 |
| question; | 63118 |
| (3) Any person that resides or regularly uses health care | 63119 |
| facilities within the geographic area served or to be served by | 63120 |
| the health care services that would be provided under the | 63121 |
| certificate of need or reviewability ruling in question; | 63122 |
| (4) Any health care facility that is located in the health | 63123 |
| service area where the health care services would be provided | 63124 |
| under the certificate of need or reviewability ruling in question; | 63125 |
| (5) Third-party payers that reimburse health care facilities | 63126 |
| for services in the health service area where the health care | 63127 |
| services would be provided under the certificate of need or | 63128 |
| reviewability ruling in question; | 63129 |
| (6) Any other person who testified at a public hearing held | 63130 |
| under division (B) of section 3702.52 of the Revised Code or | 63131 |
| submitted written comments in the course of review of the | 63132 |
| certificate of need application in question. | 63133 |
| (P) "Osteopathic hospital" means a hospital registered under | 63134 |
| section 3701.07 of the Revised Code that advocates osteopathic | 63135 |
| principles and the practice and perpetuation of osteopathic | 63136 |
| medicine by doing any of the following: | 63137 |
| (1) Maintaining a department or service of osteopathic | 63138 |
| medicine or a committee on the utilization of osteopathic | 63139 |
| principles and methods, under the supervision of an osteopathic | 63140 |
| physician; | 63141 |
| (2) Maintaining an active medical staff, the majority of | 63142 |
| which is comprised of osteopathic physicians; | 63143 |
| (3) Maintaining a medical staff executive committee that has | 63144 |
| osteopathic physicians as a majority of its members. | 63145 |
| (Q) "Ambulatory surgical facility" has the same meaning as in | 63146 |
| section 3702.30 of the Revised Code. | 63147 |
| (R) | 63148 |
| 63149 | |
| 63150 | |
| 63151 |
| | 63152 |
| 63153 | |
| 63154 |
| | 63155 |
| 63156 | |
| 63157 | |
| 63158 | |
| 63159 | |
| 63160 |
| | 63161 |
| | 63162 |
| | 63163 |
| 63164 |
| | 63165 |
| 63166 | |
| 63167 | |
| 63168 | |
| 63169 |
| | 63170 |
| 63171 | |
| 63172 |
| | 63173 |
| 63174 |
| | 63175 |
| 63176 | |
| 63177 |
| | 63178 |
| | 63179 |
| 63180 |
| | 63181 |
| 63182 | |
| 63183 | |
| 63184 | |
| 63185 |
| | 63186 |
| 63187 | |
| 63188 |
| | 63189 |
| 63190 | |
| 63191 |
| | 63192 |
| 63193 |
| | 63194 |
| 63195 | |
| 63196 | |
| 63197 |
| | 63198 |
| 63199 | |
| 63200 | |
| 63201 | |
| 63202 | |
| 63203 |
| | 63204 |
| 63205 |
| | 63206 |
| | 63207 |
| 63208 | |
| 63209 | |
| 63210 | |
| 63211 |
| | 63212 |
| 63213 | |
| 63214 | |
| 63215 | |
| 63216 |
| | 63217 |
| 63218 |
| | 63219 |
| 63220 | |
| 63221 | |
| 63222 | |
| 63223 | |
| 63224 | |
| 63225 | |
| 63226 | |
| 63227 | |
| 63228 | |
| 63229 | |
| 63230 | |
| 63231 | |
| 63232 | |
| 63233 |
| | 63234 |
| 63235 | |
| 63236 |
| | 63237 |
| | 63238 |
| | 63239 |
| | 63240 |
| 63241 | |
| 63242 |
| | 63243 |
| 63244 |
| | 63245 |
| 63246 | |
| 63247 |
| | 63248 |
| 63249 |
| | 63250 |
|
"reviewable activity" | 63251 |
| 63252 |
| (1) The establishment, development, or construction of a new | 63253 |
| long-term care facility; | 63254 |
| (2) The replacement of an existing long-term care facility; | 63255 |
| (3) The renovation of a long-term care facility that involves | 63256 |
| a capital expenditure of two million dollars or more, not | 63257 |
| including expenditures for equipment, staffing, or operational | 63258 |
| costs; | 63259 |
| (4) | 63260 |
| capacity: | 63261 |
| (a) An increase in bed capacity; | 63262 |
| (b) A relocation of beds from one physical facility or site | 63263 |
| to another, excluding the relocation of beds within a long-term | 63264 |
| care facility or among buildings of a long-term care facility at | 63265 |
|
the same site | 63266 |
| | 63267 |
| 63268 | |
| 63269 |
| (5) Any change in the health services, bed capacity, or site, | 63270 |
| or any other failure to conduct the reviewable activity in | 63271 |
| substantial accordance with the approved application for which a | 63272 |
| certificate of need concerning long-term care beds was granted, if | 63273 |
| the change is made within five years after the implementation of | 63274 |
| the reviewable activity for which the certificate was granted; | 63275 |
| (6) The expenditure of more than one hundred ten per cent of | 63276 |
| the maximum expenditure specified in a certificate of need | 63277 |
|
concerning long-term care beds | 63278 |
| | 63279 |
| 63280 | |
| 63281 | |
| 63282 | |
| 63283 | |
| 63284 | |
| 63285 | |
| 63286 | |
| 63287 | |
| 63288 | |
| 63289 | |
| 63290 | |
| 63291 | |
| 63292 | |
| 63293 |
| | 63294 |
| following activities: | 63295 |
| (1) Acquisition of computer hardware or software; | 63296 |
| (2) Acquisition of a telephone system; | 63297 |
| (3) Construction or acquisition of parking facilities; | 63298 |
| (4) Correction of cited deficiencies that are in violation of | 63299 |
| federal, state, or local fire, building, or safety laws and rules | 63300 |
| and that constitute an imminent threat to public health or safety; | 63301 |
| (5) Acquisition of an existing health care facility that does | 63302 |
| not involve a change in the number of the beds, by service, or in | 63303 |
| the number or type of health services; | 63304 |
| (6) Correction of cited deficiencies identified by | 63305 |
| accreditation surveys of the joint commission on accreditation of | 63306 |
| healthcare organizations or of the American osteopathic | 63307 |
| association; | 63308 |
| (7) Acquisition of medical equipment to replace the same or | 63309 |
| similar equipment for which a certificate of need has been issued | 63310 |
| if the replaced equipment is removed from service; | 63311 |
| (8) Mergers, consolidations, or other corporate | 63312 |
| reorganizations of health care facilities that do not involve a | 63313 |
| change in the number of beds, by service, or in the number or type | 63314 |
| of health services; | 63315 |
| (9) Construction, repair, or renovation of bathroom | 63316 |
| facilities; | 63317 |
| (10) Construction of laundry facilities, waste disposal | 63318 |
| facilities, dietary department projects, heating and air | 63319 |
| conditioning projects, administrative offices, and portions of | 63320 |
| medical office buildings used exclusively for physician services; | 63321 |
| (11) Acquisition of medical equipment to conduct research | 63322 |
| required by the United States food and drug administration or | 63323 |
| clinical trials sponsored by the national institute of health. Use | 63324 |
| of medical equipment that was acquired without a certificate of | 63325 |
|
need under division | 63326 |
| premarket approval has been granted by the United States food and | 63327 |
| drug administration to provide services for which patients or | 63328 |
| reimbursement entities will be charged shall be a reviewable | 63329 |
| activity. | 63330 |
| (12) Removal of asbestos from a health care facility. | 63331 |
| Only that portion of a project that meets the requirements of | 63332 |
| this
division | 63333 |
| | 63334 |
| located within a rural area, has fewer than one hundred beds, and | 63335 |
| to which fewer than four thousand persons were admitted during the | 63336 |
| most recent calendar year. | 63337 |
| | 63338 |
| (1) A hospital registered under section 3701.07 of the | 63339 |
| Revised Code that provides general pediatric medical and surgical | 63340 |
| care, and in which at least seventy-five per cent of annual | 63341 |
| inpatient discharges for the preceding two calendar years were | 63342 |
| individuals less than eighteen years of age; | 63343 |
| (2) A distinct portion of a hospital registered under section | 63344 |
| 3701.07 of the Revised Code that provides general pediatric | 63345 |
| medical and surgical care, has a total of at least one hundred | 63346 |
| fifty registered pediatric special care and pediatric acute care | 63347 |
| beds, and in which at least seventy-five per cent of annual | 63348 |
| inpatient discharges for the preceding two calendar years were | 63349 |
| individuals less than eighteen years of age; | 63350 |
| (3) A distinct portion of a hospital, if the hospital is | 63351 |
| registered under section 3701.07 of the Revised Code as a | 63352 |
| children's hospital and the children's hospital meets all the | 63353 |
|
requirements of division | 63354 |
| | 63355 |
| (1) A nursing home licensed under section 3721.02 of the | 63356 |
| Revised Code or by a political subdivision certified under section | 63357 |
| 3721.09 of the Revised Code; | 63358 |
| (2) The portion of any facility, including a county home or | 63359 |
| county nursing home, that is certified as a skilled nursing | 63360 |
| facility or a nursing facility under Title XVIII or XIX of the | 63361 |
| "Social Security Act"; | 63362 |
| (3) The portion of any hospital that contains beds registered | 63363 |
| under section 3701.07 of the Revised Code as skilled nursing beds | 63364 |
| or long-term care beds. | 63365 |
| | 63366 |
| facility. | 63367 |
| | 63368 |
| 63369 | |
| 63370 | |
| 63371 |
| | 63372 |
| which deliveries routinely occur, regardless of whether the | 63373 |
| facility is located on the campus of another health care facility, | 63374 |
| and which is not licensed under Chapter 3711. of the Revised Code | 63375 |
| as a level one, two, or three maternity unit or a limited | 63376 |
| maternity unit. | 63377 |
| | 63378 |
| the director of health under division (A) of section 3702.52 of | 63379 |
| the Revised Code as to whether a particular proposed project is or | 63380 |
| is not a reviewable activity. | 63381 |
| (2) "Nonreviewability ruling" means a ruling issued under | 63382 |
| that division that a particular proposed project is not a | 63383 |
| reviewable activity. | 63384 |
| | 63385 |
| this state designated a metropolitan statistical area or primary | 63386 |
| metropolitan statistical area in United States office of | 63387 |
| management and budget bulletin no. 93-17, June 30, 1993, and its | 63388 |
| attachments. | 63389 |
| (2) "Rural area" means any area of this state not located | 63390 |
| within a metropolitan statistical area. | 63391 |
| | 63392 |
| section 5155.31 of the Revised Code. | 63393 |
| Sec. 3702.52. The director of health shall administer a | 63394 |
| state certificate of need program in accordance with sections | 63395 |
| 3702.51 to 3702.62 of the Revised Code and rules adopted under | 63396 |
| those sections. | 63397 |
| (A) The director shall issue rulings on whether a particular | 63398 |
| proposed project is a reviewable activity. The director shall | 63399 |
| issue a ruling not later than forty-five days after receiving a | 63400 |
| request for a ruling accompanied by the information needed to make | 63401 |
| the ruling. If the director does not issue a ruling in that time, | 63402 |
| the project shall be considered to have been ruled not a | 63403 |
| reviewable activity. | 63404 |
| (B) The director shall review applications for certificates | 63405 |
| of need. Each application shall be submitted to the director on | 63406 |
| forms prescribed by the director, shall include all information | 63407 |
| required by rules adopted under division (B) of section 3702.57 of | 63408 |
| the Revised Code, and shall be accompanied by the application fee | 63409 |
| established in rules adopted under division (G) of that section. | 63410 |
| Application fees received by the director under this division | 63411 |
| shall be deposited into the state treasury to the credit of the | 63412 |
| certificate of need fund, which is hereby created. The director | 63413 |
| shall use the fund only to pay the costs of administering sections | 63414 |
| 3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised | 63415 |
| Code and rules adopted under those sections. | 63416 |
| The director shall mail to the applicant a written notice | 63417 |
| that the application meets the criteria for a complete application | 63418 |
| specified in rules adopted under section 3702.57 of the Revised | 63419 |
| Code, or a written request for additional information, not later | 63420 |
| than thirty days after receiving an application or a response to | 63421 |
| an earlier request for information. The director shall not make | 63422 |
| more than two requests for additional information. | 63423 |
| The director may conduct a public informational hearing in | 63424 |
| the course of reviewing any application for a certificate of need, | 63425 |
| and shall conduct one if requested to do so by any affected person | 63426 |
| not later than fifteen days after the director mails the notice | 63427 |
| that the application is complete. The hearing shall be conducted | 63428 |
| in the community in which the activities authorized by the | 63429 |
| certificate of need would be carried out. Any affected person may | 63430 |
| testify at the hearing. The director may, with the health service | 63431 |
| agency's consent, designate a health service agency to conduct the | 63432 |
| hearing. | 63433 |
| Except during a public hearing or as necessary to comply with | 63434 |
|
a subpoena issued under division
| 63435 |
| notice of completeness has been received, no person shall make | 63436 |
| revisions to information that was submitted to the director before | 63437 |
| the director mailed the notice of completeness or knowingly | 63438 |
| discuss in person or by telephone the merits of the application | 63439 |
| with the director. A person may supplement an application after a | 63440 |
| notice of completeness has been received by submitting clarifying | 63441 |
| information to the director. If one or more persons request a | 63442 |
| meeting in person or by telephone, the director shall make a | 63443 |
| reasonable effort to invite interested parties to the meeting or | 63444 |
| conference call. | 63445 |
| (C) All of the following apply to the process of granting or | 63446 |
| denying a certificate of need: | 63447 |
| (1) If the project proposed in a certificate of need | 63448 |
| application meets all of the applicable certificate of need | 63449 |
| criteria for approval under sections 3702.51 to 3702.62 of the | 63450 |
| Revised Code and the rules adopted under those sections, the | 63451 |
| director shall grant a certificate of need for all or part of the | 63452 |
| 63453 | |
| 63454 |
| | 63455 |
| 63456 | |
| 63457 | |
| 63458 | |
| 63459 | |
| 63460 |
| | 63461 |
| 63462 | |
| 63463 | |
| applicable deadline specified in division (C)(4) of this section | 63464 |
| or any extension of it under division (C)(5) of this section. | 63465 |
| (2) | 63466 |
| 63467 | |
| 63468 | |
| 63469 | |
| 63470 | |
| 63471 | |
| 63472 | |
| 63473 |
| | 63474 |
| 63475 | |
| 63476 | |
| 63477 | |
| 63478 | |
| 63479 | |
| 63480 |
| | 63481 |
| 63482 | |
| 63483 |
| | 63484 |
| 63485 | |
| no precedent for, the director's decision to grant or deny other | 63486 |
| applications for similar reviewable activities proposed to be | 63487 |
| conducted in the same or different health service areas. | 63488 |
| (3) If the director receives written objections to an | 63489 |
| application from any affected person by the thirtieth day after | 63490 |
|
mailing the notice of
completeness, | 63491 |
| 63492 | |
| applicant and assign a hearing examiner to conduct an | 63493 |
| adjudication hearing concerning the application in accordance | 63494 |
| with Chapter 119. of the Revised Code. In the case of | 63495 |
| applications under comparative review, if the director receives | 63496 |
| written objections to any of the applications from any affected | 63497 |
| person by the thirtieth day after the director mails the last | 63498 |
|
notice of
completeness, | 63499 |
| 63500 | |
| and appoint a hearing examiner to conduct a consolidated | 63501 |
| adjudication hearing concerning the applications in accordance | 63502 |
| with Chapter 119. of the Revised Code. The hearing examiner shall | 63503 |
| be employed by or under contract with the department of health. | 63504 |
| The adjudication hearings may be conducted in the health | 63505 |
| service area in which the reviewable activity is proposed to be | 63506 |
| conducted. Consolidated adjudication hearings for applications in | 63507 |
| comparative review may be conducted in the geographic region in | 63508 |
| which all of the reviewable activities will be conducted. The | 63509 |
| applicant, the director, and the affected persons that filed | 63510 |
| objections to the application shall be parties to the hearing. If | 63511 |
| none of the affected persons that submitted written objections to | 63512 |
| the application appears or prosecutes the hearing, the hearing | 63513 |
| examiner shall dismiss the hearing and the director shall grant a | 63514 |
|
certificate of need for all or part of the | 63515 |
| the subject of the application if the proposed project meets all | 63516 |
| of the applicable certificate of need criteria for approval under | 63517 |
| sections 3702.51 to 3702.62 of the Revised Code and the rules | 63518 |
| adopted under those sections. The affected persons bear the burden | 63519 |
| of proving by a preponderance of evidence that the project is not | 63520 |
| needed or that granting the certificate would not be in accordance | 63521 |
| with sections 3702.51 to 3702.62 of the Revised Code or the rules | 63522 |
| adopted under those sections. | 63523 |
| (4) Except as provided in | 63524 |
| 63525 | |
| certificate of need applications for which an adjudication hearing | 63526 |
| is not conducted under division (C)(3) of this section not later | 63527 |
| than sixty days after mailing the notice of completeness or, in | 63528 |
| the case of an application proposing addition of long-term care | 63529 |
| beds, not later than sixty days after such other time as is | 63530 |
| specified in rules adopted under section 3702.57 of the Revised | 63531 |
|
Code. | 63532 |
| the director shall grant or deny certificate of need | 63533 |
| applications for which an adjudication hearing is conducted under | 63534 |
| division (C)(3) of this section not later than thirty days after | 63535 |
| the expiration of the time for filing objections to the report | 63536 |
| and recommendation of the hearing examiner under section 119.09 | 63537 |
| of the Revised Code. The director shall base decisions concerning | 63538 |
| applications for which an adjudication hearing is conducted under | 63539 |
| division (C)(3) of this section on the report and recommendations | 63540 |
| of the hearing examiner. | 63541 |
| (5) Except as otherwise provided in division
(C) | 63542 |
| (6) of this section, the director or the applicant may extend the | 63543 |
| deadline prescribed in division (C)(4) of this section once, for | 63544 |
| no longer than thirty days, by written notice before the end of | 63545 |
|
the | 63546 |
| (C)(4) of this section. An extension by the director under | 63547 |
| division (C)(5) of this section shall apply to all applications | 63548 |
| that are in comparative review. | 63549 |
| (6) No applicant in a comparative review may extend the | 63550 |
| deadline specified in division (C)(4) of this section. | 63551 |
| (7) | 63552 |
| 63553 | |
| 63554 | |
| director does not grant or deny the certificate by the applicable | 63555 |
| deadline specified in division (C)(4) of this section or any | 63556 |
| extension of it under division (C)(5) of this section, the | 63557 |
| certificate shall be considered to have been granted. | 63558 |
| (8) In granting a certificate of need, the director shall | 63559 |
| specify as the maximum capital expenditure the certificate holder | 63560 |
| may obligate under the certificate a figure equal to one hundred | 63561 |
| ten per cent of the approved project cost. | 63562 |
| (9) In granting a certificate of need, the director may | 63563 |
| grant the certificate with conditions that must be met by the | 63564 |
| holder of the certificate. | 63565 |
| (D) The director shall monitor the activities of persons | 63566 |
|
granted certificates of need | 63567 |
| the period beginning with the granting of the certificate of need | 63568 |
| and ending five years after implementation of the activity for | 63569 |
| which the certificate was granted. | 63570 |
| | 63571 |
| 63572 | |
| 63573 | |
| 63574 | |
| 63575 | |
| 63576 |
| (E) When reviewing applications for certificates of need or | 63577 |
| monitoring activities of persons granted certificates of need, | 63578 |
| the director may issue and enforce, in the manner provided in | 63579 |
| section 119.09 of the Revised Code, subpoenas duces tecum to | 63580 |
| compel the production of documents relevant to review of the | 63581 |
| application or monitoring of the activities. In addition, the | 63582 |
| director or the director's designee, which may include a health | 63583 |
| service agency, may visit the sites where the activities are or | 63584 |
| will be conducted. | 63585 |
| (F) The director may withdraw certificates of need. | 63586 |
| (G) The director shall conduct, on a regular basis, health | 63587 |
| system data collection and analysis activities and prepare | 63588 |
| reports. The director shall make recommendations based upon these | 63589 |
| activities to the public health council concerning the adoption of | 63590 |
| appropriate rules under section 3702.57 of the Revised Code. All | 63591 |
| health care facilities and other health care providers shall | 63592 |
| submit to the director, upon request, any information that is | 63593 |
| necessary to conduct reviews of certificate of need applications | 63594 |
| and to develop recommendations for criteria for reviews, and that | 63595 |
| is prescribed by rules adopted under division (H) of section | 63596 |
| 3702.57 of the Revised Code. | 63597 |
| (H) Any decision to grant or deny a certificate of need shall | 63598 |
| consider the special needs and circumstances resulting from moral | 63599 |
| and ethical values and the free exercise of religious rights of | 63600 |
| health care facilities administered by religious organizations, | 63601 |
|
and the special needs and circumstances of
| 63602 |
|
inner city | 63603 |
| Sec. 3702.524. (A) Except as provided
in division (B) | 63604 |
| of this section, a certificate of need granted on or after April | 63605 |
| 20, 1995, is not transferable prior to the completion of the | 63606 |
| reviewable activity for which it was granted. If any person | 63607 |
| holding a certificate of need issued on or after that date | 63608 |
| transfers the certificate of need to another person before the | 63609 |
| reviewable activity is completed, or enters into an agreement that | 63610 |
| contemplates the transfer of the certificate of need on the | 63611 |
| completion of the reviewable activity, the certificate of need is | 63612 |
| void. If the controlling interest in an entity that holds a | 63613 |
| certificate of need issued on or after that date is transferred | 63614 |
| prior to the completion of the reviewable activity, the | 63615 |
| certificate of need is void. | 63616 |
| (B) Division (A) of this section does not prohibit the | 63617 |
| transfer of a certificate of need issued on or after April 20, | 63618 |
| 1995, between affiliated or related persons, as defined in rules | 63619 |
| adopted under section 3702.57 of the Revised Code, if the transfer | 63620 |
| does not result in a change in the person that holds the ultimate | 63621 |
| controlling interest, as defined in the rules, in the certificate | 63622 |
| of need. | 63623 |
| The transfer of a health care facility after the completion | 63624 |
| of a reviewable activity for which a certificate of need was | 63625 |
| issued on or after April 20, 1995, is not a transfer of the | 63626 |
| certificate of need, unless the facility is transferred pursuant | 63627 |
| to an agreement entered into prior to the completion of the | 63628 |
| reviewable activity. | 63629 |
| | 63630 |
| 63631 | |
| 63632 |
| | 63633 |
| 63634 | |
| 63635 | |
| 63636 |
| | 63637 |
| 63638 | |
| 63639 | |
| 63640 |
| | 63641 |
| 63642 | |
| 63643 | |
| 63644 |
| | 63645 |
| 63646 | |
| 63647 | |
| 63648 | |
| 63649 |
| Sec. 3702.525. (A) Not later than twenty-four months after | 63650 |
| the date the director of health mails the notice that the | 63651 |
| certificate of need has been granted or, if the grant or denial of | 63652 |
| the certificate of need is appealed under section 3702.60 of the | 63653 |
| Revised Code, not later than twenty-four months after issuance of | 63654 |
| an order granting the certificate that is not subject to further | 63655 |
| appeal, each person holding a certificate of need granted on or | 63656 |
| after April 20, 1995, shall: | 63657 |
| (1) If the project for which the certificate of need was | 63658 |
| granted primarily involves construction and is to be financed | 63659 |
| primarily through external borrowing of funds, secure financial | 63660 |
| commitment for the stated purpose of developing the project and | 63661 |
| commence construction that continues uninterrupted except for | 63662 |
| interruptions or delays that are unavoidable due to reasons beyond | 63663 |
| the person's control, including labor strikes, natural disasters, | 63664 |
| material shortages, or comparable events; | 63665 |
| (2) If the project for which the certificate of need was | 63666 |
| granted primarily involves construction and is to be financed | 63667 |
| primarily internally, receive formal approval from the holder's | 63668 |
| board of directors or trustees or other governing authority to | 63669 |
| commit specified funds for implementation of the project and | 63670 |
| commence construction that continues uninterrupted except for | 63671 |
| interruptions or delays that are unavoidable due to reasons beyond | 63672 |
| the person's control, including labor strikes, natural disasters, | 63673 |
| material shortages, or comparable events; | 63674 |
| (3) If the project for which the certificate of need was | 63675 |
| granted primarily involves acquisition of medical equipment, enter | 63676 |
| into a contract to purchase or lease the equipment and to accept | 63677 |
| the equipment at the site for which the certificate was granted; | 63678 |
| (4) If the project for which the certificate of need was | 63679 |
| granted involves no capital expenditure or only minor renovations | 63680 |
| to existing structures, provide the health service or activity by | 63681 |
| the means specified in the approved application for the | 63682 |
| certificate; | 63683 |
| (5) If the project for which the certificate of need was | 63684 |
| granted primarily involves leasing a building or space that | 63685 |
| requires only minor renovations to the existing space, execute a | 63686 |
| lease and provide the health service or activity by the means | 63687 |
| specified in the approved application for the certificate; | 63688 |
| (6) If the project for which the certificate of need was | 63689 |
| granted primarily involves leasing a building or space that has | 63690 |
| not been constructed or requires substantial renovations to | 63691 |
| existing space, commence construction for the purpose of | 63692 |
| implementing the reviewable activity that continues uninterrupted | 63693 |
| except for interruptions or delays that are unavoidable due to | 63694 |
| reasons beyond the person's control, including labor strikes, | 63695 |
| natural disasters, material shortages, or comparable events. | 63696 |
| (B) The twenty-four-month period specified in division (A) of | 63697 |
| this section shall not be extended by any means, including the | 63698 |
| 63699 | |
| 63700 | |
| replacement certificate of need. Each person holding a certificate | 63701 |
| of need granted on or after April 20, 1995, shall provide the | 63702 |
| director of health documentation of compliance with that division | 63703 |
| not later than the earlier of thirty days after complying with | 63704 |
| that division or five days after the twenty-four-month period | 63705 |
| expires. Not later than the earlier of fifteen days after | 63706 |
| receiving the documentation or fifteen days after the | 63707 |
| twenty-four-month period expires, the director shall send by | 63708 |
| certified mail a notice to the holder of the certificate of need | 63709 |
| specifying whether the holder has complied with division (A) of | 63710 |
| this section. | 63711 |
| (C) Notwithstanding division (B) of this section, the | 63712 |
| twenty-four-month period specified in division (A) of this section | 63713 |
| shall be extended for an additional twenty-four months for any | 63714 |
| certificate of need granted for the purchase and relocation of | 63715 |
| licensed nursing home beds on February 26, 1999. | 63716 |
| (D) A certificate of need granted on or after April 20, 1995, | 63717 |
| expires, regardless of whether the director sends a notice under | 63718 |
| division (B) of this section, if the holder fails to comply with | 63719 |
| division (A) or (C) of this section or to provide information | 63720 |
| under division (B) of this section as necessary for the director | 63721 |
| to determine compliance. | 63722 |
| Sec. 3702.53. (A) No person shall carry out any reviewable | 63723 |
| activity unless a certificate of need for such activity has been | 63724 |
| granted under sections 3702.51 to 3702.62 of the Revised Code or | 63725 |
|
the person is exempted by division | 63726 |
|
section | 63727 |
| Revised Code from the requirement that a certificate of need be | 63728 |
| obtained. No person shall carry out any reviewable activity if a | 63729 |
| certificate of need authorizing that activity has been withdrawn | 63730 |
| by the director of health under section 3702.52 or 3702.526 of the | 63731 |
| Revised Code. No person shall carry out a reviewable activity if | 63732 |
| the certificate of need authorizing that activity is void pursuant | 63733 |
| to section 3702.524 of the Revised Code or has expired pursuant to | 63734 |
| section 3702.525 of the Revised Code. | 63735 |
| (B) No person shall separate portions of any proposal for any | 63736 |
| reviewable activity to evade the requirements of sections 3702.51 | 63737 |
| to 3702.62 of the Revised Code. | 63738 |
| (C) No person granted a certificate of need shall carry out | 63739 |
| the reviewable activity authorized by the certificate of need | 63740 |
| other than in substantial accordance with the approved application | 63741 |
| for the certificate of need. | 63742 |
| Sec. 3702.532. When the director of health determines that a | 63743 |
| person has violated section 3702.53 of the Revised Code, the | 63744 |
| director shall send a notice to the person by certified mail, | 63745 |
| return receipt requested, specifying the activity constituting the | 63746 |
|
violation and the penalties imposed under section 3702.54 | 63747 |
|
3702.541 | 63748 |
| Sec. 3702.54. Except as provided in | 63749 |
|
3702.541
| 63750 |
| Code, divisions (A) and (B) of this section apply when the | 63751 |
| director of health determines that a person has violated section | 63752 |
| 3702.53 of the Revised Code. | 63753 |
| (A) The director shall impose a civil penalty on the person | 63754 |
| in an amount equal to the greatest of the following: | 63755 |
| (1) Three thousand dollars; | 63756 |
| (2) Five per cent of the operating cost of the activity that | 63757 |
| constitutes the violation during the period of time it was | 63758 |
| conducted in violation of section 3702.53 of the Revised Code; | 63759 |
| (3) | 63760 |
| the total approved capital cost associated with implementation of | 63761 |
| the activity for which the certificate of need was granted. | 63762 |
| In no event, however, shall the penalty exceed two hundred | 63763 |
| fifty thousand dollars. | 63764 |
| (B)(1) Notwithstanding section 3702.52 of the Revised Code, | 63765 |
| the director shall refuse to accept for review any application for | 63766 |
| a certificate of need filed by or on behalf of the person, or any | 63767 |
| successor to the person or entity related to the person, for a | 63768 |
| period of not less than one year and not more than three years | 63769 |
| after the director mails the notice of the director's | 63770 |
| determination under section 3702.532 of the Revised Code or, if | 63771 |
| the determination is appealed under section 3702.60 of the Revised | 63772 |
| Code, the issuance of the order upholding the determination that | 63773 |
| is not subject to further appeal. In determining the length of | 63774 |
| time during which applications will not be accepted, the director | 63775 |
| may consider any of the following: | 63776 |
| (a) The nature and magnitude of the violation; | 63777 |
| (b) The ability of the person to have averted the violation; | 63778 |
| (c) Whether the person disclosed the violation to the | 63779 |
| director before the director commenced his investigation; | 63780 |
| (d) The person's history of compliance with sections 3702.51 | 63781 |
| to 3702.62 and the rules adopted under section 3702.57 of the | 63782 |
| Revised Code; | 63783 |
| (e) Any community hardship that may result from refusing to | 63784 |
| accept future applications from the person. | 63785 |
| (2) Notwithstanding the one-year minimum imposed by division | 63786 |
| (B)(1) of this section, the director may establish a period of | 63787 |
| less than one year during which the director will refuse to accept | 63788 |
| certificate of need applications if, after reviewing all | 63789 |
| information available to the director, the director determines and | 63790 |
| expressly indicates in the notice mailed under section 3702.532 of | 63791 |
| the Revised Code that refusing to accept applications for a longer | 63792 |
| period would result in hardship to the community in which the | 63793 |
| person provides health services. The director's finding of | 63794 |
| community hardship shall not affect the granting or denial of any | 63795 |
| future certificate of need application filed by the person. | 63796 |
| Sec. 3702.544. Each person required by section
3702.54 | 63797 |
|
3702.541 | 63798 |
| Code to pay a civil penalty shall do so not later than sixty days | 63799 |
| after receiving the notice mailed under section 3702.532 of the | 63800 |
| Revised Code or, if the person appeals under section 3702.60 of | 63801 |
| the Revised Code the director of health's determination that a | 63802 |
| violation has occurred, not later than sixty days after the | 63803 |
| issuance of an order upholding the director's determination that | 63804 |
| is not subject to further appeal. The civil penalties shall be | 63805 |
| paid to the director. The director shall deposit them into the | 63806 |
| certificate of need fund created by section 3702.52 of the Revised | 63807 |
| Code. | 63808 |
| Sec. 3702.55. | 63809 |
| 63810 | |
| has violated section 3702.53 of the Revised Code shall cease | 63811 |
| conducting the activity that constitutes the violation or | 63812 |
| utilizing the equipment or facility resulting from the violation | 63813 |
| not later than thirty days after the person receives the notice | 63814 |
| mailed under section 3702.532 of the Revised Code or, if the | 63815 |
| person appeals the director's determination under section 3702.60 | 63816 |
| of the Revised Code, thirty days after the person receives an | 63817 |
| order upholding the director's determination that is not subject | 63818 |
|
to further appeal. | 63819 |
| 63820 | |
| 63821 | |
| 63822 | |
| 63823 |
| If any person determined to have violated section 3702.53 of | 63824 |
| the Revised Code fails to cease conducting an activity or using | 63825 |
|
equipment or a facility as
required by this section | 63826 |
| 63827 | |
| person continues to seek payment or reimbursement for services | 63828 |
| rendered or costs incurred in conducting the activity as | 63829 |
| prohibited by section 3702.56 of the Revised Code, in addition to | 63830 |
|
the
penalties imposed under section 3702.54 | 63831 |
| 63832 |
| (A) The director of health may refuse to include any beds | 63833 |
| involved in the activity in the bed capacity of a hospital for | 63834 |
| purposes of registration under section 3701.07 of the Revised | 63835 |
| Code; | 63836 |
| (B) The director of health may refuse to license, or may | 63837 |
| revoke a license or reduce bed capacity previously granted to, a | 63838 |
| hospice care program under section 3712.04 of the Revised Code; a | 63839 |
| nursing home, rest home, or home for the aging under section | 63840 |
| 3721.02 of the Revised Code; or any beds within any of those | 63841 |
| facilities that are involved in the activity; | 63842 |
| (C) A political subdivision certified under section 3721.09 | 63843 |
| of the Revised Code may refuse to license, or may revoke a license | 63844 |
| or reduce bed capacity previously granted to, a nursing home, rest | 63845 |
| home, or home for the aging, or any beds within any of those | 63846 |
| facilities that are involved in the activity; | 63847 |
| (D) The director of mental health may refuse to license under | 63848 |
| section 5119.20 of the Revised Code, or may revoke a license or | 63849 |
| reduce bed capacity previously granted to, a hospital receiving | 63850 |
| mentally ill persons or beds within such a hospital that are | 63851 |
| involved in the activity; | 63852 |
| (E) The department of job and family services may refuse to | 63853 |
| enter into a provider agreement that includes a facility, beds, or | 63854 |
| services that result from the activity. | 63855 |
| Sec. 3702.57. (A) The public health council shall adopt | 63856 |
| rules establishing procedures and criteria for reviews of | 63857 |
| applications for certificates of need and issuance, denial, or | 63858 |
| withdrawal of certificates. | 63859 |
| (1) | 63860 |
| 63861 | |
| 63862 | |
| 63863 | |
| 63864 | |
| 63865 | |
| 63866 | |
| 63867 | |
| 63868 | |
| 63869 |
| | 63870 |
| applications of certificates of need, the council shall consider | 63871 |
| the availability of and need for long-term care beds to provide | 63872 |
| care and treatment to persons diagnosed as having traumatic brain | 63873 |
| injuries and shall prescribe criteria for reviewing applications | 63874 |
| that propose to add long-term care beds to provide care and | 63875 |
| treatment to persons diagnosed as having traumatic brain injuries. | 63876 |
| | 63877 |
| certificates of need shall relate to the need for the reviewable | 63878 |
| activity and shall pertain to all of the following matters: | 63879 |
| (a) The impact of the reviewable activity on the cost and | 63880 |
| quality of health services in the relevant geographic area, | 63881 |
| including, but not limited, to the historical and projected | 63882 |
| utilization of the services to which the application pertains and | 63883 |
| the effect of the reviewable activity on utilization of other | 63884 |
| providers of similar services; | 63885 |
| (b) The quality of the services to be provided as the result | 63886 |
| of the activity, as evidenced by the historical performance of the | 63887 |
| persons that will be involved in providing the services and by the | 63888 |
| provisions that are proposed in the application to ensure quality, | 63889 |
| including but not limited to adequate available personnel, | 63890 |
| available ancillary and support services, available equipment, | 63891 |
| size and configuration of physical plant, and relations with other | 63892 |
| providers; | 63893 |
| (c) The impact of the reviewable activity on the availability | 63894 |
| and accessibility of the type of services proposed in the | 63895 |
| application to the population of the relevant geographic area, and | 63896 |
| the level of access to the services proposed in the application | 63897 |
| that will be provided to medically underserved individuals such as | 63898 |
| recipients of public assistance and individuals who have no health | 63899 |
| insurance or whose health insurance is insufficient; | 63900 |
| (d) The activity's short- and long-term financial feasibility | 63901 |
| and cost-effectiveness, the impact of the activity on the | 63902 |
| applicant's costs and charges, and a comparison of the applicant's | 63903 |
| costs and charges with those of providers of similar services in | 63904 |
| the applicant's proposed service area; | 63905 |
| (e) The advantages, disadvantages, and costs of alternatives | 63906 |
| to the reviewable activity; | 63907 |
| (f) The impact of the activity on all other providers of | 63908 |
| similar services in the health service area or other relevant | 63909 |
| geographic area, including the impact on their utilization, market | 63910 |
| share, and financial status; | 63911 |
| (g) The historical performance of the applicant and related | 63912 |
| or affiliated parties in complying with previously granted | 63913 |
| certificates of need and any applicable certification, | 63914 |
| accreditation, or licensure requirements; | 63915 |
| (h) The relationship of the activity to the current edition | 63916 |
| of the state health resources plan issued under section 3702.521 | 63917 |
| of the Revised Code; | 63918 |
| (i) The historical performance of the applicant and related | 63919 |
| or affiliated parties in providing cost-effective health care | 63920 |
| services; | 63921 |
| (j) The special needs and circumstances of the applicant or | 63922 |
| population proposed to be served by the proposed project, | 63923 |
| including research activities, prevalence of particular diseases, | 63924 |
| unusual demographic characteristics, cost-effective contractual | 63925 |
| affiliations, and other special circumstances; | 63926 |
| (k) The appropriateness of the zoning status of the proposed | 63927 |
| site of the activity; | 63928 |
| (l) The participation by the applicant in research conducted | 63929 |
| by the United States food and drug administration or clinical | 63930 |
| trials sponsored by the national institutes of health. | 63931 |
| | 63932 |
| a formula for determining each county's long-term care bed need | 63933 |
| for purposes of section 3702.593 of the Revised Code and may | 63934 |
|
include other
formulas for determining need
for beds | 63935 |
| 63936 |
| | 63937 |
| 63938 | |
| 63939 | |
| 63940 | |
| 63941 | |
| 63942 |
| | 63943 |
| 63944 | |
| 63945 | |
| 63946 | |
| 63947 | |
| 63948 | |
| 63949 | |
| 63950 | |
| 63951 |
| | 63952 |
|
beds | 63953 |
| for establishing the ratios or mitigating factors or exceptions to | 63954 |
| the ratios. | 63955 |
| (B) The council shall adopt rules specifying all of the | 63956 |
| following: | 63957 |
| (1) Information that must be provided in applications for | 63958 |
| certificates of need, which shall include a plan for obligating | 63959 |
| the capital expenditure or implementing the proposed project on a | 63960 |
| timely basis in accordance with section 3702.525 of the Revised | 63961 |
| Code; | 63962 |
| (2) Procedures for reviewing applications for completeness of | 63963 |
| information; | 63964 |
| (3) Criteria for determining that the application is | 63965 |
| complete. | 63966 |
| (C) The council shall adopt rules specifying requirements | 63967 |
| that holders of certificates of need must meet in order for the | 63968 |
| certificates to remain valid and establishing definitions and | 63969 |
| requirements for obligation of capital expenditures and | 63970 |
| implementation of projects authorized by certificates of need. | 63971 |
| (D) The council shall adopt rules establishing criteria and | 63972 |
| procedures under which the director of health may withdraw a | 63973 |
| certificate of need if the holder fails to meet requirements for | 63974 |
| continued validity of the certificate. | 63975 |
| (E) The council shall adopt rules establishing procedures | 63976 |
| under which the department of health shall monitor project | 63977 |
| implementation activities of holders of certificates of need. The | 63978 |
| rules adopted under this division also may establish procedures | 63979 |
| for monitoring implementation activities of persons that have | 63980 |
| received nonreviewability rulings. | 63981 |
| (F) The council shall adopt rules establishing procedures | 63982 |
| under which the director of health shall review certificates of | 63983 |
| need whose holders exceed or appear likely to exceed an | 63984 |
| expenditure maximum specified in a certificate. | 63985 |
| (G) The council shall adopt rules establishing certificate of | 63986 |
| need application fees sufficient to pay the costs incurred by the | 63987 |
| department for administering sections 3702.51 to 3702.62 of the | 63988 |
| Revised Code and to pay health service agencies for the functions | 63989 |
| they perform under division (D)(5) of section 3702.58 of the | 63990 |
| Revised Code. Unless rules are adopted under this division | 63991 |
| establishing different application fees, the application fee for a | 63992 |
| project not involving a capital expenditure shall be three | 63993 |
| thousand dollars and the application fee for a project involving a | 63994 |
| capital expenditure shall be nine-tenths of one per cent of the | 63995 |
| capital expenditure proposed subject to a minimum of three | 63996 |
| thousand dollars and a maximum of twenty thousand dollars. | 63997 |
| (H) The council shall adopt rules specifying information that | 63998 |
| is necessary to conduct reviews of certificate of need | 63999 |
| applications and to develop recommendations for criteria for | 64000 |
| reviews that health care facilities and other health care | 64001 |
| providers are to submit to the director under division (G) of | 64002 |
| section 3702.52 of the Revised Code. | 64003 |
| (I) The council shall adopt rules defining "affiliated | 64004 |
| person," "related person," and "ultimate controlling interest" for | 64005 |
| purposes of section 3702.524 of the Revised Code. | 64006 |
| (J) The council shall adopt rules prescribing requirements | 64007 |
| for holders of certificates of need to demonstrate to the director | 64008 |
| under section 3702.526 of the Revised Code that reasonable | 64009 |
| progress is being made toward completion of the reviewable | 64010 |
| activity and establishing standards by which the director shall | 64011 |
| determine whether reasonable progress is being made. | 64012 |
| (K) | 64013 |
| 64014 | |
| 64015 | |
| 64016 | |
| 64017 | |
| 64018 | |
| 64019 | |
| 64020 | |
| 64021 |
| | 64022 |
|
divisions (A) to | 64023 |
| 119. of the Revised Code. The council may adopt other rules as | 64024 |
| necessary to carry out the purposes of sections 3702.51 to 3702.62 | 64025 |
| of the Revised Code. | 64026 |
| Sec. 3702.59. (A) | 64027 |
| 64028 | |
| 64029 | |
| 64030 | |
| 64031 |
| | 64032 |
| 64033 | |
| 64034 |
| | 64035 |
| 64036 | |
| 64037 | |
| 64038 |
| | 64039 |
| 64040 | |
| 64041 | |
| 64042 | |
| 64043 | |
| 64044 |
| | 64045 |
| 64046 | |
| 64047 | |
| 64048 |
| | 64049 |
| 64050 | |
| 64051 | |
| 64052 | |
| 64053 | |
| 64054 | |
| 64055 |
| | 64056 |
| 64057 | |
| 64058 | |
| 64059 | |
| 64060 | |
| 64061 | |
| 64062 |
| | 64063 |
| 64064 | |
| 64065 | |
| 64066 | |
| 64067 | |
| 64068 | |
| 64069 |
| | 64070 |
| 64071 | |
| 64072 | |
| 64073 | |
| 64074 | |
| 64075 | |
| 64076 | |
| 64077 |
| | 64078 |
| 64079 | |
| 64080 | |
| 64081 | |
| 64082 | |
| 64083 |
| | 64084 |
| 64085 | |
| 64086 | |
| 64087 | |
| 64088 | |
| 64089 | |
| 64090 | |
| certificate of need applications as provided in sections 3702.592 | 64091 |
| and 3702.593 of the Revised Code. | 64092 |
| (B) The director shall not approve an application for a | 64093 |
| certificate of need for addition of long-term care beds to an | 64094 |
|
existing health care facility | 64095 |
|
development of a new health care facility | 64096 |
| unless all of the following conditions are met: | 64097 |
| | 64098 |
|
are
being | 64099 |
| deficiencies, no state fire code violations, and no state | 64100 |
| building code violations, or the project identified in the | 64101 |
| application proposes to correct all life safety code | 64102 |
| deficiencies for which a waiver has been granted, all state fire | 64103 |
| code violations, and all state building code violations at the | 64104 |
|
existing health care
facility | 64105 |
| 64106 |
| | 64107 |
| the application, no notice of proposed revocation of the | 64108 |
| facility's license was issued under section 3721.03 of the Revised | 64109 |
|
Code to the operator of the existing facility | 64110 |
|
are being | 64111 |
| operated by the applicant or any principal participant in the same | 64112 |
| corporation or other business; | 64113 |
| | 64114 |
|
which the
beds are being | 64115 |
| facility owned or operated by the applicant or any principal | 64116 |
| participant in the same corporation or other business has had a | 64117 |
| long-standing pattern of violations of this chapter or Chapter | 64118 |
| 3721. of the Revised Code or deficiencies that caused one or more | 64119 |
| residents physical, emotional, mental, or psychosocial harm. | 64120 |
| | 64121 |
| application for the conversion of infirmary beds to long-term | 64122 |
| care beds if the infirmary meets all of the following conditions: | 64123 |
| | 64124 |
| | 64125 |
| orders who take vows of celibacy and live by virtue of their vows | 64126 |
| within the orders as if related; | 64127 |
| | 64128 |
| religious order on January 1, 1994. | 64129 |
| | 64130 |
| 64131 | |
| 64132 | |
| 64133 | |
| 64134 |
| | 64135 |
| 64136 | |
| 64137 | |
| other than those described in division (C)(2) of this section be | 64138 |
| admitted to a facility to use beds for which a certificate of need | 64139 |
| is approved under this division. | 64140 |
| Sec. 3702.592. (A) The director of health shall accept, for | 64141 |
| review under section 3702.52 of the Revised Code, certificate of | 64142 |
| need applications for any of the following purposes if the | 64143 |
| proposed increase in beds is attributable solely to a replacement | 64144 |
| or relocation of existing beds from an existing health care | 64145 |
| facility within the same county: | 64146 |
| (1) Approval of beds in a new health care facility or an | 64147 |
| increase of beds in an existing health care facility if the beds | 64148 |
| are proposed to be licensed as nursing home beds under Chapter | 64149 |
| 3721. of the Revised Code; | 64150 |
| (2) Approval of beds in a new county home or new county | 64151 |
| nursing home, or an increase of beds in an existing county home or | 64152 |
| existing county nursing home if the beds are proposed to be | 64153 |
| certified as skilled nursing facility beds under the medicare | 64154 |
| program, Title XVIII of the "Social Security Act," 49 Stat. 286 | 64155 |
| (1965), 42 U.S.C. 1395, as amended, or nursing facility beds under | 64156 |
| the medicaid program, Title XIX of the "Social Security Act," 49 | 64157 |
| Stat. 286 (1965), 42 U.S.C. 1396, as amended; | 64158 |
| (3) An increase of hospital beds registered pursuant to | 64159 |
| section 3701.07 of the Revised Code as long-term care beds; | 64160 |
| (4) An increase of hospital beds registered pursuant to | 64161 |
| section 3701.07 of the Revised Code as special skilled nursing | 64162 |
| beds that were originally authorized by and operate in accordance | 64163 |
| with section 3702.522 of the Revised Code. | 64164 |
| (B) The director shall accept applications described in | 64165 |
| division (A) of this section at any time. | 64166 |
| Sec. 3702.593. (A) At the times specified in this section, | 64167 |
| the director of health shall accept, for review under section | 64168 |
| 3702.52 of the Revised Code, certificate of need applications for | 64169 |
| any of the following purposes if the proposed increase in beds is | 64170 |
| attributable solely to relocation of existing beds from an | 64171 |
| existing health care facility in a county with excess beds to a | 64172 |
| health care facility in a county in which there are fewer | 64173 |
| long-term care beds than the county's bed need: | 64174 |
| (1) Approval of beds in a new health care facility or an | 64175 |
| increase of beds in an existing health care facility if the beds | 64176 |
| are proposed to be licensed as nursing home beds under Chapter | 64177 |
| 3721. of the Revised Code; | 64178 |
| (2) Approval of beds in a new county home or new county | 64179 |
| nursing home, or an increase of beds in an existing county home or | 64180 |
| existing county nursing home if the beds are proposed to be | 64181 |
| certified as skilled nursing facility beds under the medicare | 64182 |
| program, Title XVIII of the "Social Security Act," 49 Stat. 286 | 64183 |
| (1965), 42 U.S.C. 1395, as amended, or nursing facility beds under | 64184 |
| the medicaid program, Title XIX of the "Social Security Act," 49 | 64185 |
| Stat. 286 (1965), 42 U.S.C. 1396, as amended; | 64186 |
| (3) An increase of hospital beds registered pursuant to | 64187 |
| section 3701.07 of the Revised Code as long-term care beds. | 64188 |
| (B) For the purpose of implementing this section, the | 64189 |
| director shall do all of the following: | 64190 |
| (1) Determine the long-term care bed supply for each county, | 64191 |
| which shall consist of all of the following: | 64192 |
| (a) Nursing home beds licensed under Chapter 3721. of the | 64193 |
| Revised Code; | 64194 |
| (b) Beds certified as skilled nursing facility beds under the | 64195 |
| medicare program or nursing facility beds under the medicaid | 64196 |
| program; | 64197 |
| (c) Beds in a county home or county nursing home that are | 64198 |
| certified under section 5155.38 of the Revised Code as having been | 64199 |
| in operation on July 1, 1993, and are eligible for licensure as | 64200 |
| nursing home beds; | 64201 |
| (d) Beds held as approved long-term care beds under a | 64202 |
| certificate of need approved by the director. | 64203 |
| (2) Determine the long-term care bed occupancy rate for the | 64204 |
| state at the time the determination is made; | 64205 |
| (3) Not later than April 1, 2010, and every four years | 64206 |
| thereafter, for each county determine, using the formula developed | 64207 |
| in rules adopted under section 3702.57 of the Revised Code, and | 64208 |
| publish on the department of health's web site, the county's bed | 64209 |
| need by identifying the number of long-term beds that would be | 64210 |
| needed in the county for the statewide occupancy rate for a | 64211 |
| projected population aged sixty-five and older to be ninety-five | 64212 |
| per cent. | 64213 |
| (C) The director's consideration of a certificate of need | 64214 |
| that would increase the number of beds in a county shall be | 64215 |
| consistent with the county's bed need determined under division | 64216 |
| (B) of this section except as follows: | 64217 |
| (1) If a county's occupancy rate is less than eighty-five per | 64218 |
| cent, the county shall be considered to have no need for | 64219 |
| additional beds. | 64220 |
| (2) Even if a county is determined not to need any additional | 64221 |
| long-term care beds, the director may approve an increase in beds | 64222 |
| equal to up to ten per cent of the county's bed supply if the | 64223 |
| county's occupancy rate is greater than ninety-five per cent. | 64224 |
| (D) Applications made under this section shall be subject to | 64225 |
| comparative review. The period for each comparative review process | 64226 |
| shall be four years with the first period beginning July 1, 2010, | 64227 |
| and ending June 30, 2014. | 64228 |
| Certificate of need applications shall be accepted and | 64229 |
| reviewed from the first day of the period through the thirtieth | 64230 |
| day of April of the following year, which shall be the initial | 64231 |
| phase of the review period. If the director determines that there | 64232 |
| will be acceptance and review of additional certificate of need | 64233 |
| applications, the second phase of the review period shall begin on | 64234 |
| the first day of July of the third year of the review period. The | 64235 |
| second phase shall be limited to acceptance and review of | 64236 |
| applications for redistribution of beds made available pursuant to | 64237 |
| division (G)(2) of this section. During the period between the | 64238 |
| first and second phases of the review period, the director shall | 64239 |
| act in accordance with division (H) of this section. | 64240 |
| (E) The director shall consider certificate of need | 64241 |
| applications in accordance with all of the following: | 64242 |
| (1) The number of beds approved for a county shall include | 64243 |
| only beds available for relocation from another county and shall | 64244 |
| not exceed the bed need of the receiving county; | 64245 |
| (2) The director shall consider the existence of community | 64246 |
| resources serving persons who are age sixty-five or older or | 64247 |
| disabled that are demonstrably effective in providing alternatives | 64248 |
| to long-term care facility placement. | 64249 |
| (3) The director shall approve relocation of beds from a | 64250 |
| county only if, after the relocation, the number of beds remaining | 64251 |
| in the county will exceed the county's bed need by at least one | 64252 |
| hundred beds; | 64253 |
| (4) The director shall approve relocation of beds from a | 64254 |
| health care facility only if, after the relocation, the number of | 64255 |
| beds within a fifteen mile radius of the facility is at least | 64256 |
| equal to the state bed need rate. | 64257 |
| (F) In determining which applicants should receive preference | 64258 |
| in the comparative review process, the director shall consider all | 64259 |
| of the following: | 64260 |
| (1) Whether the beds will be part of a continuing care | 64261 |
| retirement community; | 64262 |
| (2) Whether the beds will serve an underserved population, | 64263 |
| such as low-income individuals, individuals with disabilities, or | 64264 |
| individuals who are members of racial or ethnic minority groups; | 64265 |
| (3) Whether the project in which the beds will be included | 64266 |
| will provide alternatives to institutional care, such as adult | 64267 |
| day-care, home health care, respite or hospice care, mobile | 64268 |
| meals, residential care, independent living, or congregate living | 64269 |
| services; | 64270 |
| (4) Whether the health care facility's owner or operator will | 64271 |
| participate in medicaid waiver programs for alternatives to | 64272 |
| institutional care; | 64273 |
| (5) Whether the project in which the beds will be included | 64274 |
| will reduce alternatives to institutional care by converting | 64275 |
| residential care beds or other alternative care beds to long-term | 64276 |
| care beds; | 64277 |
| (6) Whether the facility in which the beds will be placed | 64278 |
| has positive resident and family satisfaction surveys; | 64279 |
| (7) Whether the facility in which the beds will be placed | 64280 |
| has fewer than fifty long-term care beds; | 64281 |
| (8) Whether the health care facility in which the beds will | 64282 |
| be placed is located within the service area of a hospital and is | 64283 |
| designed to accept patients for rehabilitation after an in-patient | 64284 |
| hospital stay; | 64285 |
| (9) Whether the health care facility in which the beds will | 64286 |
| be placed is or proposes to become a nurse aide training and | 64287 |
| testing site; | 64288 |
| (10) The rating, under the centers for medicare and medicaid | 64289 |
| services' five star nursing home quality rating system, of the | 64290 |
| health care facility in which the beds will be placed. | 64291 |
| (G)(1) When a certificate of need application is approved | 64292 |
| during the initial phase of a review period, on completion of the | 64293 |
| project under which the beds are relocated, that number of beds | 64294 |
| shall cease to be operated in the health care facility from which | 64295 |
| they were relocated and, if the licensure or certification of | 64296 |
| those beds cannot be or is not transferred to the facility to | 64297 |
| which the beds are relocated, the licensure or certification shall | 64298 |
| be surrendered. | 64299 |
| (2) In addition to the actions required by division (G)(1) of | 64300 |
| this section, the health care facility from which the beds were | 64301 |
| relocated shall reduce the number of beds operated in the facility | 64302 |
| by a number of beds equal to at least ten per cent of the number | 64303 |
| of beds relocated and shall surrender the licensure or | 64304 |
| certification of those beds. This reduction shall be made not | 64305 |
| later than the completion date of the project for which the beds | 64306 |
| were relocated. | 64307 |
| (H)(1) Once approval of certificate of need applications in | 64308 |
| the first phase of a review period is complete, the director shall | 64309 |
| make a new determination of the bed need for each county by | 64310 |
| reducing the county's bed need by the number of beds approved for | 64311 |
| relocation to the county. The new bed-need determination shall be | 64312 |
| made not later than the first day of April of the third year of | 64313 |
| the review period. | 64314 |
| (2) The director may publish on the department's web site the | 64315 |
| remaining bed need for counties that will be considered for | 64316 |
| redistribution of beds that, in accordance with division (G)(2) of | 64317 |
| this section, have ceased or will cease to be operated. The | 64318 |
| director shall base the determination of whether to include a | 64319 |
| county on all of the following: | 64320 |
| (a) The statewide number of beds that, in accordance with | 64321 |
| division (G)(2) of this section, have ceased or will cease to be | 64322 |
| operated; | 64323 |
| (b) The county's remaining bed need; | 64324 |
| (c) The county's bed occupancy rate. | 64325 |
| (I) If the director publishes the remaining bed need for a | 64326 |
| county under division (H)(2) of this section, the director may, | 64327 |
| beginning on the first day of the second phase of the review | 64328 |
| period, accept certificate of need applications for redistribution | 64329 |
| to health care facilities in that county of beds that have ceased | 64330 |
| or will cease operation in accordance with division (G)(2) of | 64331 |
| this section. The total number of beds approved for | 64332 |
| redistribution in the second phase of a review period shall not | 64333 |
| exceed the number that have ceased or will cease operation in | 64334 |
| accordance with division (G)(2) of this section. Beds that are | 64335 |
| not approved for redistribution during the second phase of a | 64336 |
| review period shall not be available for redistribution at any | 64337 |
| future time. | 64338 |
| Sec. 3702.60. (A) Any affected person may appeal a | 64339 |
| reviewability ruling issued on or after April 20, 1995, to the | 64340 |
| director of health in accordance with Chapter 119. of the Revised | 64341 |
| Code, and the director shall provide an adjudication hearing in | 64342 |
| accordance with that chapter. An affected person may appeal the | 64343 |
| director's ruling in the adjudication hearing to the tenth | 64344 |
| district court of appeals. | 64345 |
| (B) The certificate of need applicant or another affected | 64346 |
| person may appeal to the director in accordance with Chapter 119. | 64347 |
| of the Revised Code a decision issued by the director on or after | 64348 |
| April 20, 1995, to grant or deny a certificate of need application | 64349 |
| for which an adjudication hearing was not conducted under section | 64350 |
| 3702.52 of the Revised Code, and the director shall provide an | 64351 |
| adjudication hearing in accordance with that chapter. The | 64352 |
| certificate of need applicant or an affected person that was a | 64353 |
| party to and participated in an adjudication hearing conducted | 64354 |
| under this division or section 3702.52 of the Revised Code may | 64355 |
| appeal to the tenth district court of appeals the decision issued | 64356 |
| by the director following the adjudication hearing. No person may | 64357 |
| appeal to the director or a court the director's granting of a | 64358 |
| certificate of need prior to June 30, 1995, under the version of | 64359 |
| section 3702.52 of the Revised Code in effect immediately prior to | 64360 |
| that date due to failure to submit timely written objections, no | 64361 |
| person may appeal to the director or a court the director's | 64362 |
|
granting of a
certificate of need under division (C)(1) | 64363 |
| section 3702.52 of the Revised Code. | 64364 |
| (C) The certificate of need holder may appeal to the director | 64365 |
| in accordance with Chapter 119. of the Revised Code a decision | 64366 |
| issued by the director under section 3702.52 or 3702.526 of the | 64367 |
| Revised Code on or after April 20, 1995, to withdraw a certificate | 64368 |
| of need, and the director shall provide an adjudication hearing in | 64369 |
| accordance with that chapter. The person may appeal the director's | 64370 |
| ruling in the adjudication hearing to the tenth district court of | 64371 |
| appeals. | 64372 |
| (D) Any person determined by the director to have violated | 64373 |
| section 3702.53 of the Revised Code may appeal that determination, | 64374 |
|
or the penalties imposed under section 3702.54 | 64375 |
| 64376 | |
| director in accordance with Chapter 119. of the Revised Code, and | 64377 |
| the director shall provide an adjudication hearing in accordance | 64378 |
| with that chapter. The person may appeal the director's ruling in | 64379 |
| the adjudication hearing to the tenth district court of appeals. | 64380 |
| (E) Each person appealing under this section to the director | 64381 |
| shall file with the director, not later than thirty days after the | 64382 |
| decision, ruling, or determination of the director was mailed, a | 64383 |
| notice of appeal designating the decision, ruling, or | 64384 |
| determination appealed from. | 64385 |
| (F) Each person appealing under this section to the tenth | 64386 |
| district court of appeals shall file with the court, not later | 64387 |
| than thirty days after the date the director's adjudication order | 64388 |
| was mailed, a notice of appeal designating the order appealed | 64389 |
| from. The appellant also shall file notice with the director not | 64390 |
| later than thirty days after the date the order was mailed. | 64391 |
| (1) Not later than thirty days after receipt of the notice of | 64392 |
| appeal, the director shall prepare and certify to the court the | 64393 |
| complete record of the proceedings out of which the appeal arises. | 64394 |
| The expense of preparing and transcribing the record shall be | 64395 |
| taxed as part of the costs of the appeal. In the event that the | 64396 |
| record or a part thereof is not certified within the time | 64397 |
| prescribed by this division, the appellant may apply to the court | 64398 |
| for an order that the record be certified. | 64399 |
| (2) In hearing the appeal, the court shall consider only the | 64400 |
| evidence contained in the record certified to it by the director. | 64401 |
| The court may remand the matter to the director for the admission | 64402 |
| of additional evidence on a finding that the additional evidence | 64403 |
| is material, newly discovered, and could not with reasonable | 64404 |
| diligence have been ascertained before the hearing before the | 64405 |
| director. Except as otherwise provided by statute, the court shall | 64406 |
| give the hearing on the appeal preference over all other civil | 64407 |
| matters, irrespective of the position of the proceedings on the | 64408 |
| calendar of the court. | 64409 |
| (3) The court shall affirm the director's order if it finds, | 64410 |
| upon consideration of the entire record and any additional | 64411 |
| evidence admitted under division (F)(2) of this section, that the | 64412 |
| order is supported by reliable, probative, and substantial | 64413 |
| evidence and is in accordance with law. In the absence of such a | 64414 |
| finding, it shall reverse, vacate, or modify the order. | 64415 |
| (4) If the court determines that the director committed | 64416 |
| material procedural error, the court shall remand the matter to | 64417 |
| the director for further consideration or action. | 64418 |
| (G) The court may award reasonable attorney's fees against | 64419 |
| the appellant if it determines that the appeal was frivolous. | 64420 |
| Sections 119.092, 119.093, and 2335.39 of the Revised Code do not | 64421 |
| apply to adjudication hearings under this section or section | 64422 |
| 3702.52 of the Revised Code and judicial appeals under this | 64423 |
| section. | 64424 |
| (H) No person may intervene in an appeal brought under this | 64425 |
| section. | 64426 |
| Sec. 3702.61. In addition to the sanctions imposed under | 64427 |
|
sections 3702.54,
3702.541, | 64428 |
| 64429 | |
| section 3702.53 of the Revised Code, the attorney general may | 64430 |
| commence necessary legal proceedings in the court of common pleas | 64431 |
| of Franklin county to enjoin the person from such violation until | 64432 |
| the requirements of sections 3702.51 to 3702.62 of the Revised | 64433 |
| Code have been satisfied. At the request of the director of | 64434 |
| health, the attorney general shall commence any necessary | 64435 |
| proceedings. The court has jurisdiction to grant and, on a showing | 64436 |
| of a violation, shall grant appropriate injunctive relief. | 64437 |
| Sec. 3702.87. The director of health shall designate, as | 64438 |
| dental health resource shortage areas, areas in this state that | 64439 |
| experience special dental health problems and dentist practice | 64440 |
| patterns that limit access to dental care. The designations shall | 64441 |
| be made by rule and may apply to a geographic area, one or more | 64442 |
| facilities within a particular area, or a population group within | 64443 |
| a particular area. The director shall consider for designation as | 64444 |
| a dental health resource shortage area, any area in this state | 64445 |
| that has been designated by the United States secretary of health | 64446 |
| and human services as a health professional shortage area under | 64447 |
| Title III of the "Public Health Service Act," 58 Stat. 682 (1944), | 64448 |
| 42 U.S.C. 201, as amended. | 64449 |
| Sec. 3702.89. (A) An individual who | 64450 |
| 64451 | |
| outstanding obligation for dental service to the federal | 64452 |
| government, a state, or other entity at the time of participation | 64453 |
|
in the dentist loan repayment | 64454 |
| the following requirements may apply for participation in the | 64455 |
| dentist loan repayment program: | 64456 |
| (1) The applicant is a dental student enrolled in the final | 64457 |
| year of dental college. | 64458 |
| (2) The applicant is a dental resident in the final year of | 64459 |
| residency. | 64460 |
| (3) The applicant | 64461 |
|
license to practice | 64462 |
| 64463 | |
| the Revised Code. | 64464 |
| (B) An application for participation in the dentist loan | 64465 |
| repayment program shall be submitted to the director of health on | 64466 |
| a form the director shall prescribe. The following information | 64467 |
| shall be included or supplied: | 64468 |
| (1) The applicant's name, permanent address or address at | 64469 |
| which the applicant is currently residing if different from the | 64470 |
| permanent address, and telephone number; | 64471 |
| (2) The dental college the applicant attended or is attending | 64472 |
| 64473 |
| (3) If the applicant has completed a dental residency program | 64474 |
|
or is a dental resident, the facility or institution | 64475 |
| where the dental residency was completed or is being performed, | 64476 |
| and, if completed, the date of completion; | 64477 |
| (4) A summary and verification of the educational expenses | 64478 |
| for which the applicant seeks reimbursement under the program; | 64479 |
| (5) If the applicant is a dentist, verification of the | 64480 |
| applicant's license issued under Chapter 4715. of the Revised Code | 64481 |
| to practice dentistry and proof of good standing; | 64482 |
| (6) Verification of the applicant's United States citizenship | 64483 |
| or status as a legal alien. | 64484 |
| Sec. 3702.90. If funds are available in the dentist loan | 64485 |
| repayment fund created under section 3702.95 of the Revised Code | 64486 |
| and the general assembly has appropriated the funds for the | 64487 |
| program, the director of health shall approve an applicant for | 64488 |
| participation in the program on finding in accordance with the | 64489 |
| priorities established under section 3702.88 of the Revised Code | 64490 |
| that the applicant is eligible for participation and is needed in | 64491 |
| a dental health resource shortage area. | 64492 |
| On approving an application, the director shall notify and | 64493 |
| enter into discussions with the applicant. The object of the | 64494 |
| discussions is to facilitate recruitment of the applicant to a | 64495 |
| site within a dental health resource shortage area at which, | 64496 |
| according to the priorities established under section 3702.88 of | 64497 |
|
the Revised
Code, the applicant is needed. | 64498 |
| 64499 | |
| 64500 | |
| 64501 | |
| 64502 | |
| 64503 | |
| 64504 |
| If the director and applicant agree on the applicant's | 64505 |
| placement at a particular site within a dental health resource | 64506 |
| shortage area, the applicant shall sign and deliver to the | 64507 |
| director a letter of intent agreeing to that placement. | 64508 |
| Sec. 3702.91. (A) An individual who has signed a letter of | 64509 |
| intent under section 3702.90 of the Revised Code may enter into a | 64510 |
| contract with the director of health for participation in the | 64511 |
|
dentist loan
repayment program. | 64512 |
| dentist's employer or other funding source may also be a party to | 64513 |
| the contract. | 64514 |
| (B) The contract shall include all of the following | 64515 |
| obligations: | 64516 |
| (1) The individual agrees to provide dental services in the | 64517 |
| dental health resource shortage area identified in the letter of | 64518 |
|
intent for at least
| 64519 |
| (2) When providing dental services in the dental health | 64520 |
| resource shortage area, the individual agrees to do all of the | 64521 |
| following: | 64522 |
| (a) Provide dental services for a minimum of forty hours per | 64523 |
| week; | 64524 |
| (b) Provide dental services without regard to a patient's | 64525 |
| ability to pay; | 64526 |
| (c) Meet the conditions prescribed by the "Social Security | 64527 |
| Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the | 64528 |
| department of job and family services for participation in the | 64529 |
| medicaid program established under Chapter 5111. of the Revised | 64530 |
| Code and enter into a contract with the department to provide | 64531 |
| dental services to medicaid recipients. | 64532 |
| (3) The department of health agrees, as provided in section | 64533 |
| 3702.85 of the Revised Code, to repay, so long as the individual | 64534 |
| performs the service obligation agreed to under division (B)(1) | 64535 |
| of this section, all or part of the principal and interest of a | 64536 |
| government or other educational loan taken by the individual for | 64537 |
|
expenses described in section 3702.85
of the
Revised Code | 64538 |
| 64539 |
| (4) The individual agrees to pay the department of health | 64540 |
| 64541 | |
| under section 3702.86 of the Revised Code, if the individual fails | 64542 |
| to complete the service obligation agreed to under division | 64543 |
|
(B)(1) of
this
section | 64544 |
| | 64545 |
| 64546 | |
| 64547 |
| | 64548 |
| 64549 | |
| 64550 |
| (C) The contract may include any other terms agreed upon by | 64551 |
|
the parties | 64552 |
| 64553 | |
| 64554 | |
| 64555 | |
| 64556 | |
| 64557 | |
| 64558 | |
| 64559 |
| (D) Not later than the thirty-first day of January of each | 64560 |
| year, the department of health shall mail to each individual to | 64561 |
| whom or on whose behalf repayment is made under the dentist loan | 64562 |
| repayment program a statement showing the amount of principal and | 64563 |
| interest repaid by the department pursuant to the contract in the | 64564 |
| preceding year. The statement shall be sent by ordinary mail with | 64565 |
| address correction and forwarding requested in the manner | 64566 |
| prescribed by the United States postal service. | 64567 |
| Sec. 3702.92. There is hereby created the dentist loan | 64568 |
| repayment advisory board. The board shall consist of the following | 64569 |
| members: | 64570 |
| (A) | 64571 |
| one from each political party, appointed by the speaker of the | 64572 |
| house of representatives; | 64573 |
| (B) | 64574 |
| political party, appointed by the president of the senate; | 64575 |
| (C) A representative of the board of regents, appointed by | 64576 |
| the chancellor; | 64577 |
| (D) The director of health or an employee of the department | 64578 |
| of health designated by the director; | 64579 |
| (E) | 64580 |
| appointed by the governor from persons nominated by the Ohio | 64581 |
| dental association. | 64582 |
| Terms of office of the appointed members shall be two years, | 64583 |
| with each term commencing on the twenty-eighth day of January and | 64584 |
| ending on the twenty-seventh day of January of the second year | 64585 |
|
after appointment. The governor | 64586 |
| 64587 | |
| 64588 | |
| 64589 | |
| 64590 | |
| 64591 | |
| 64592 | |
| 64593 | |
| 64594 | |
| make each of their respective appointments not later than the | 64595 |
| twenty-seventh day of January of the year in which the term of the | 64596 |
| member being appointed is to commence. Each member shall hold | 64597 |
| office from the date of appointment until the end of the term for | 64598 |
| which the member was appointed, except that a legislative member | 64599 |
| ceases to be a member of the board on ceasing to be a member of | 64600 |
| the general assembly. No person shall be appointed to the board | 64601 |
| for more than two consecutive terms. | 64602 |
| Vacancies shall be filled in the manner prescribed for the | 64603 |
| original appointment. A member appointed to fill a vacancy | 64604 |
| occurring prior to the expiration of the term for which the | 64605 |
| member's predecessor was appointed shall hold office for the | 64606 |
| remainder of that term. A member shall continue in office | 64607 |
| subsequent to the expiration of the member's term until a | 64608 |
| successor takes office or until sixty days have elapsed, whichever | 64609 |
|
occurs first. | 64610 |
| 64611 | |
| 64612 | |
| 64613 | |
| 64614 | |
| 64615 |
| The governor, speaker, or president may remove a member for | 64616 |
| whom the governor, speaker, or president was the appointing | 64617 |
| authority, for misfeasance, malfeasance, or willful neglect of | 64618 |
| duty. | 64619 |
| The board shall designate a member to serve as chairperson of | 64620 |
| the board. | 64621 |
| The board shall meet at least once annually. The chairperson | 64622 |
| shall call special meetings as needed or upon the request of four | 64623 |
| members. | 64624 |
| | 64625 |
| and vote on all business coming before the board. | 64626 |
| Members of the board shall serve without compensation | 64627 |
| 64628 | |
| 64629 |
| The department of health shall provide the board with staff | 64630 |
| assistance as requested by the board. | 64631 |
| Sec. 3702.93. The dentist loan repayment advisory board shall | 64632 |
| determine the amounts that will be paid as loan repayments on | 64633 |
|
behalf of participants in the dentist loan repayment program. | 64634 |
| In the first and second years, no
repayment shall exceed | 64635 |
| twenty-five thousand dollars in | 64636 |
| the third and fourth years, no repayment shall exceed thirty-five | 64637 |
| thousand dollars in each year. If, however, a repayment results in | 64638 |
| an increase in the participant's federal, state, or local income | 64639 |
| tax liability, the department of health, at the participant's | 64640 |
| request and with the approval of the director of health, may | 64641 |
| reimburse the participant for the increased tax liability, | 64642 |
|
regardless of the
amount of the
repayment in that year. | 64643 |
| 64644 | |
| 64645 |
| Sec. 3702.94. The dentist loan repayment advisory board, | 64646 |
| annually on or before the first day of March, shall submit a | 64647 |
| report to the governor and general assembly describing the | 64648 |
| operations of the dentist loan repayment program during the | 64649 |
| previous calendar year. The report shall include information about | 64650 |
| all of the following: | 64651 |
| (A) The number of requests received by the director of health | 64652 |
| that a particular area be designated as a dental health resource | 64653 |
| shortage area; | 64654 |
| (B) The areas that have been designated as dental health | 64655 |
| resource shortage areas and the priorities that have been assigned | 64656 |
| to them; | 64657 |
| (C) The number of applicants for participation in the dentist | 64658 |
| loan repayment program; | 64659 |
| (D) The number of dentists assigned to dental health resource | 64660 |
| shortage areas and the payments made on behalf of those dentists | 64661 |
| under the dentist loan repayment program; | 64662 |
| (E) The dental health resource shortage areas that have not | 64663 |
| been matched with all of the dentists they need; | 64664 |
| (F) The number of dentists failing to complete their service | 64665 |
| obligations, the amount of damages owed, and the amount of damages | 64666 |
| collected. | 64667 |
| Sec. 3703.01. (A) Except as otherwise provided in this | 64668 |
|
section, the division of | 64669 |
| department of commerce shall do all of the following: | 64670 |
| (1) Inspect all nonresidential buildings within the meaning | 64671 |
| of section 3781.06 of the Revised Code; | 64672 |
| (2) Condemn all unsanitary or defective plumbing that is | 64673 |
| found in connection with those places; | 64674 |
| (3) Order changes in plumbing necessary to insure the safety | 64675 |
| of the public health. | 64676 |
| (B)(1)(a) The division of | 64677 |
| of health of city and general health districts, and county | 64678 |
| building departments shall not inspect plumbing or collect fees | 64679 |
| for inspecting plumbing in particular types of buildings in any | 64680 |
| municipal corporation that is certified by the board of building | 64681 |
| standards under section 3781.10 of the Revised Code to exercise | 64682 |
| enforcement authority for plumbing in those types of buildings. | 64683 |
| (b) The division shall not inspect plumbing or collect fees | 64684 |
| for inspecting plumbing in particular types of buildings in any | 64685 |
| health district that employs one or more plumbing inspectors | 64686 |
| certified pursuant to division (D) of this section to enforce | 64687 |
| Chapters 3781. and 3791. of the Revised Code and the rules adopted | 64688 |
| pursuant to those chapters relating to plumbing in those types of | 64689 |
| buildings. | 64690 |
| (c) The division shall not inspect plumbing or collect fees | 64691 |
| for inspecting plumbing in particular types of buildings in any | 64692 |
| health district where the county building department is | 64693 |
| authorized to inspect those types of buildings pursuant to a | 64694 |
| contract described in division (C)(1) of this section. | 64695 |
| (d) The division shall not inspect plumbing or collect fees | 64696 |
| for inspecting plumbing in particular types of buildings in any | 64697 |
| health district where the board of health has entered into a | 64698 |
| contract with the board of health of another district to conduct | 64699 |
| inspections pursuant to division (C)(2) of this section. | 64700 |
| (2) No county building department shall inspect plumbing or | 64701 |
| collect fees for inspecting plumbing in any type of building in a | 64702 |
| health district unless the department is authorized to inspect | 64703 |
| that type of building pursuant to a contract described in division | 64704 |
| (C)(1) of this section. | 64705 |
| (3) No municipal corporation shall inspect plumbing or | 64706 |
| collect fees for inspecting plumbing in types of buildings for | 64707 |
| which it is not certified by the board of building standards | 64708 |
| under section 3781.10 of the Revised Code to exercise enforcement | 64709 |
| authority. | 64710 |
| (4) No board of health of a health district shall inspect | 64711 |
| plumbing or collect fees for inspecting plumbing in types of | 64712 |
| buildings for which it does not have a plumbing inspector | 64713 |
| certified pursuant to division (D) of this section. | 64714 |
| (C)(1) The board of health of a health district may enter | 64715 |
| into a contract with a board of county commissioners to authorize | 64716 |
| the county building department to inspect plumbing in buildings | 64717 |
| within the health district. The contract may designate that the | 64718 |
| department inspect either residential or nonresidential buildings, | 64719 |
| as those terms are defined in section 3781.06 of the Revised Code, | 64720 |
| or both types of buildings, so long as the department employs or | 64721 |
| contracts with a plumbing inspector certified pursuant to | 64722 |
| division (D) of this section to inspect the types of buildings | 64723 |
| the contract designates. The board of health may enter into a | 64724 |
| contract regardless of whether the health district employs any | 64725 |
| certified plumbing inspectors to enforce Chapters 3781. and | 64726 |
| 3791. of the Revised Code. | 64727 |
| (2) The board of health of a health district, regardless of | 64728 |
| whether it employs any certified plumbing inspectors to enforce | 64729 |
| Chapters 3781. and 3791. of the Revised Code, may enter into a | 64730 |
| contract with the board of health of another health district to | 64731 |
| authorize that board to inspect plumbing in buildings within the | 64732 |
| contracting board's district. The contract may designate the | 64733 |
| inspection of either residential or nonresidential buildings as | 64734 |
| defined in section 3781.06 of the Revised Code, or both types of | 64735 |
| buildings, so long as the board that performs the inspections | 64736 |
| employs a plumbing inspector certified pursuant to division (D) of | 64737 |
| this section to inspect the types of buildings the contract | 64738 |
| designates. | 64739 |
| (D) The superintendent of | 64740 |
| adopt rules prescribing minimum qualifications based on education, | 64741 |
| training, experience, or demonstrated ability, that the | 64742 |
| superintendent shall use in certifying or recertifying plumbing | 64743 |
| inspectors to do plumbing inspections for health districts and | 64744 |
| county building departments that are authorized to perform | 64745 |
| inspections pursuant to a contract under division (C)(1) of this | 64746 |
| section, and for continuing education of plumbing inspectors. | 64747 |
| Those minimum qualifications shall be related to the types of | 64748 |
| buildings for which a person seeks certification. | 64749 |
| (E) The superintendent may enter into reciprocal | 64750 |
| registration, licensure, or certification agreements with other | 64751 |
| states and other agencies of this state relative to plumbing | 64752 |
| inspectors if both of the following apply: | 64753 |
| (1) The requirements for registration, licensure, or | 64754 |
| certification of plumbing inspectors under the laws of the other | 64755 |
| state or laws administered by the other agency are substantially | 64756 |
| equal to the requirements the superintendent adopts under division | 64757 |
| (D) of this section for certifying plumbing inspectors. | 64758 |
| (2) The other state or agency extends similar reciprocity to | 64759 |
| persons certified under this chapter. | 64760 |
| (F) The superintendent may select and contract with one or | 64761 |
| more persons to do all of the following regarding examinations for | 64762 |
| certification of plumbing inspectors: | 64763 |
| (1) Prepare, administer, score, and maintain the | 64764 |
| confidentiality of the examination; | 64765 |
| (2) Maintain responsibility for all expenses required to | 64766 |
| comply with division (F)(1) of this section; | 64767 |
| (3) Charge each applicant a fee for administering the | 64768 |
| examination in an amount the superintendent authorizes; | 64769 |
| (4) Design the examination for certification of plumbing | 64770 |
| inspectors to determine an applicant's competence to inspect | 64771 |
| plumbing. | 64772 |
| (G) Standards and methods prescribed in local plumbing | 64773 |
| regulations shall not be less than those prescribed in Chapters | 64774 |
| 3781. and 3791. of the Revised Code and the rules adopted pursuant | 64775 |
| to those chapters. | 64776 |
| (H) Notwithstanding any other provision of this section, the | 64777 |
| division shall make a plumbing inspection of any building or | 64778 |
| other place that there is reason to believe is in a condition to | 64779 |
| be a menace to the public health. | 64780 |
| Sec. 3703.03. In the administration of sections 3703.01 to | 64781 |
| 64782 | |
| 64783 | |
| by the board of building standards under authority of sections | 64784 |
| 3781.10 and 3781.11 of the Revised Code, and register those | 64785 |
| persons engaged in or at the plumbing business. | 64786 |
| Plans and specifications for all plumbing to be installed in | 64787 |
| or for buildings coming within such sections shall be submitted to | 64788 |
| and approved by the division before the contract for plumbing is | 64789 |
| let. | 64790 |
| Sec. 3703.04. The
superintendent of | 64791 |
| labor shall appoint such number of plumbing inspectors as is | 64792 |
| required. The inspectors shall be practical plumbers with at least | 64793 |
| seven years' experience, and skilled and well-trained in matters | 64794 |
| pertaining to sanitary regulations concerning plumbing work. | 64795 |
| Sec. 3703.05. Plumbing inspectors employed by the division | 64796 |
|
of
| 64797 |
|
sections 3703.01 to | 64798 |
| between sunrise and sunset, enter any building where there is good | 64799 |
| and sufficient reason to believe that the sanitary condition of | 64800 |
| the premises endangers the public health, for the purpose of | 64801 |
| making an inspection to ascertain the condition of the premises. | 64802 |
| Sec. 3703.06. When any building is found to be in a sanitary | 64803 |
| condition or when changes which are ordered, under authority of | 64804 |
| this chapter, in the plumbing, drainage, or ventilation have been | 64805 |
| made, and after a thorough inspection and approval by the | 64806 |
|
superintendent of | 64807 |
| shall issue a certificate, which shall be posted in a conspicuous | 64808 |
| place for the benefit of the public at large. Upon notification by | 64809 |
| the superintendent, the certificate shall be revoked for any | 64810 |
| violation of those sections. | 64811 |
| Sec. 3703.07. No plumbing work shall be done in any building | 64812 |
| or place coming within the jurisdiction of the division of | 64813 |
| 64814 | |
| in existing plumbing, until a permit has been issued by the | 64815 |
| division. | 64816 |
| Before granting such permit, an application shall be made by | 64817 |
| the owner of the property or by the person, firm, or corporation | 64818 |
| which is to do the work. The application shall be made on a form | 64819 |
| prepared by the division for the purpose, and each application | 64820 |
| shall be accompanied by a fee of twenty-seven dollars, and an | 64821 |
| additional fee of seven dollars for each trap, vented fixture, | 64822 |
| appliance, or device. Each application also shall be accompanied | 64823 |
| by a plan approval fee of eighteen dollars for work containing one | 64824 |
| through twenty fixtures; thirty-six dollars for work containing | 64825 |
| twenty-one through forty fixtures; and fifty-four dollars for work | 64826 |
| containing forty-one or more fixtures. | 64827 |
| Whenever a reinspection is made necessary by the failure of | 64828 |
| the applicant or plumbing contractor to have the work ready for | 64829 |
| inspection when so reported, or by reason of faulty or improper | 64830 |
| installation, the person shall pay a fee of forty-five dollars for | 64831 |
| each reinspection. | 64832 |
| All fees collected pursuant to this section shall be paid | 64833 |
|
into the state
treasury to the credit of the | 64834 |
| labor operating fund created in section 121.084 of the Revised | 64835 |
| Code. | 64836 |
| The superintendent of | 64837 |
| adopted in accordance with Chapter 119. of the Revised Code, may | 64838 |
| increase the fees required by this section and may establish fees | 64839 |
| to pay the costs of the division to fulfill its duties established | 64840 |
| by this chapter, including, but not limited to, fees for | 64841 |
| administering a program for continuing education for, and | 64842 |
| certifying and recertifying plumbing inspectors. The fees shall | 64843 |
| bear some reasonable relationship to the cost of administering and | 64844 |
| enforcing the provisions of this chapter. | 64845 |
| Sec. 3703.08. Any owner, agent, or manager of a building in | 64846 |
|
which an
inspection is made by the division of
| 64847 |
| 64848 | |
| certified department of building inspection of a municipal | 64849 |
| corporation or a county shall have the entire system of drainage | 64850 |
| and ventilation repaired, as the division, board of health, or | 64851 |
| department of building inspection directs by its order. After due | 64852 |
| notice to repair that work is given, the owner, agent, or manager | 64853 |
| shall notify the public authority that issued the order when the | 64854 |
| work is ready for its inspection. No person shall fail to have | 64855 |
| the work ready for inspection at the time specified in the | 64856 |
| notice. | 64857 |
| Sec. 3703.10. All prosecutions and proceedings by the | 64858 |
|
division of
| 64859 |
|
sections 3703.01 to | 64860 |
| the violation of any of the orders or rules of the division under | 64861 |
| those sections, shall be instituted by the superintendent of | 64862 |
| 64863 | |
| the division shall be paid into the state treasury to the credit | 64864 |
|
of the
| 64865 |
| section 121.084 of the Revised Code. | 64866 |
| The superintendent, the board of health of a general or city | 64867 |
| health district, or any person charged with enforcing the rules of | 64868 |
|
the division adopted under sections 3703.01 to | 64869 |
| the Revised Code may petition the court of common pleas for | 64870 |
| injunctive or other appropriate relief requiring any person | 64871 |
| violating a rule adopted or order issued by the superintendent | 64872 |
| under those sections to comply with the rule or order. The court | 64873 |
| of common pleas of the county in which the offense is alleged to | 64874 |
| be occurring may grant injunctive or other appropriate relief. | 64875 |
| The superintendent may do all of the following: | 64876 |
| (A) Deny an applicant certification as a plumbing inspector; | 64877 |
| (B) Suspend or revoke the certification of a plumbing | 64878 |
| inspector; | 64879 |
| (C) Examine any certified plumbing inspector under oath; | 64880 |
| (D) Examine the records and books of any certified plumbing | 64881 |
| inspector if the superintendent finds the material to be examined | 64882 |
| relevant to a determination described in division (A), (B), or (C) | 64883 |
| of this section. | 64884 |
| Sec. 3703.21. (A) Within ninety days after | 64885 |
| 64886 | |
| 64887 | |
| advisory board consisting of not more than ten members, who shall | 64888 |
| serve at the pleasure of the superintendent. The superintendent | 64889 |
| shall appoint a representative from the plumbing section of the | 64890 |
|
division of | 64891 |
| recommended by the plumbing administrator of the division of | 64892 |
| 64893 | |
| water program of the Ohio environmental protection agency, three | 64894 |
| representatives recommended by the director of environmental | 64895 |
| protection, and not more than two members who are not employed by | 64896 |
| the plumbing or water industry. | 64897 |
| The board shall advise the superintendent on matters | 64898 |
| pertaining to the training and certification of backflow | 64899 |
| technicians. | 64900 |
| (B) The superintendent shall adopt rules in accordance with | 64901 |
| Chapter 119. of the Revised Code to provide for the certification | 64902 |
| of backflow technicians. The rules shall establish all of the | 64903 |
| following requirements, specifications, and procedures: | 64904 |
| (1) Requirements and procedures for the initial certification | 64905 |
| of backflow technicians, including eligibility criteria and | 64906 |
| application requirements and fees; | 64907 |
| (2) Specifications concerning and procedures for taking | 64908 |
| examinations required for certification as a backflow technician, | 64909 |
| including eligibility criteria to take the examination and | 64910 |
| application requirements and fees for taking the examination; | 64911 |
| (3) Specifications concerning and procedures for renewing a | 64912 |
| certification as a backflow technician, including eligibility | 64913 |
| criteria, application requirements, and fees for renewal; | 64914 |
| (4) Specifications concerning and procedures for both of the | 64915 |
| following: | 64916 |
| (a) Approval of training agencies authorized to teach | 64917 |
| required courses to candidates for certification as backflow | 64918 |
| technicians or continuing education courses to certified backflow | 64919 |
| technicians; | 64920 |
| (b) Renewal of the approval described in division (B)(4)(a) | 64921 |
| of this section. | 64922 |
| (5) Education requirements that candidates for initial | 64923 |
| certification as backflow technicians must satisfy and continuing | 64924 |
| education requirements that certified backflow technicians must | 64925 |
| satisfy; | 64926 |
| (6) Grounds and procedures for denying, suspending, or | 64927 |
| revoking certification, or denying the renewal of certification, | 64928 |
| as a backflow technician; | 64929 |
| (7) Procedures for issuing administrative orders for the | 64930 |
| remedy of any violation of this section or any rule adopted | 64931 |
| pursuant to division (B) of this section, including, but not | 64932 |
| limited to, procedures for assessing a civil penalty authorized | 64933 |
| under division (D) of this section; | 64934 |
| (8) Any provision the superintendent determines is necessary | 64935 |
| to administer or enforce this section. | 64936 |
| (C) No individual shall engage in the installation, testing, | 64937 |
| or repair of any isolation backflow prevention device unless that | 64938 |
| individual possesses a valid certification as a backflow | 64939 |
| technician. This division does not apply with respect to the | 64940 |
| installation, testing, or repair of any containment backflow | 64941 |
| prevention device. | 64942 |
| (D) Whoever violates division (C) of this section or any rule | 64943 |
| adopted pursuant to division (B) of this section shall pay a civil | 64944 |
| penalty of not more than five thousand dollars for each day that | 64945 |
| the violation continues. The superintendent may, by order, assess | 64946 |
| a civil penalty under this division, or may request the attorney | 64947 |
| general to bring a civil action to impose the civil penalty in the | 64948 |
| court of common pleas of the county in which the violation | 64949 |
| occurred or where the violator resides. | 64950 |
| (E) Any action taken under a rule adopted pursuant to | 64951 |
| division (B)(6) of this section is subject to the appeal process | 64952 |
| of Chapter 119. of the Revised Code. An administrative order | 64953 |
| issued pursuant to rules adopted under division (B)(7) of this | 64954 |
| section and an appeal to that type of administrative order shall | 64955 |
| be executed in accordance with Chapter 119. of the Revised Code. | 64956 |
| (F) As used in this section: | 64957 |
| (1) "Isolation backflow prevention device" means a device for | 64958 |
| the prevention of the backflow of liquids, solids, or gases that | 64959 |
| is regulated by the building code adopted pursuant to section | 64960 |
| 3781.10 of the Revised Code and rules adopted pursuant to this | 64961 |
| section. | 64962 |
| (2) "Containment backflow prevention device" means a device | 64963 |
| for the prevention of the backflow of liquids, solids, or gases | 64964 |
| that is installed by the supplier of, or as a requirement of, any | 64965 |
| public water system as defined in division (A) of section 6109.01 | 64966 |
| of the Revised Code. | 64967 |
| Sec. 3703.99. Whoever violates sections 3703.01 to | 64968 |
| 3703.08 of the Revised Code, or any rule the division of | 64969 |
| 64970 | |
| sections, shall be fined not less than ten nor more than one | 64971 |
| hundred dollars or imprisoned for not less than ten nor more than | 64972 |
| ninety days, or both. No person shall be imprisoned under this | 64973 |
| section for the first offense, and the prosecution always shall be | 64974 |
| as for a first offense unless the affidavit upon which the | 64975 |
| prosecution is instituted contains the allegation that the offense | 64976 |
| is a second or repeated offense. | 64977 |
| Sec. 3704.14. (A) | 64978 |
| 64979 | |
| 64980 | |
| 64981 | |
| 64982 | |
| 64983 | |
| 64984 | |
| 64985 | |
| If the director of environmental protection determines that | 64986 |
| implementation of a motor vehicle inspection and maintenance | 64987 |
| program is necessary for the state to effectively comply with the | 64988 |
| federal Clean Air Act after June 30, 2009, the director may | 64989 |
| provide for the implementation of the program in those counties in | 64990 |
| this state in which such a program is federally mandated. Upon | 64991 |
| making such a determination, the director of environmental | 64992 |
| protection may request the director of administrative services to | 64993 |
| extend the terms of the contract that was entered into under the | 64994 |
| authority of Section 7 of Am. Sub. H.B. 24 of the 127th general | 64995 |
| assembly. Upon receiving the request, the director of | 64996 |
| administrative services shall extend the contract, beginning on | 64997 |
| July 1, 2009, in accordance with this section. The contract shall | 64998 |
| be extended for a period of up to six months with the contractor | 64999 |
| who conducted the motor vehicle inspection and maintenance program | 65000 |
| under that contract. | 65001 |
| (2) Prior to the expiration of the contract extension that is | 65002 |
| authorized by division (A)(1) of this section, the director of | 65003 |
| environmental protection may request the director of | 65004 |
| administrative services to enter into a contract with a vendor to | 65005 |
| operate a motor vehicle inspection and maintenance program in each | 65006 |
| county in this state in which such a program is federally mandated | 65007 |
| through June 30, 2011, with an option for the state to renew the | 65008 |
| contract through June 30, 2012. The contract shall ensure that the | 65009 |
| motor vehicle inspection and maintenance program achieve at least | 65010 |
| the same ozone precursor reductions as achieved by the program | 65011 |
| operated under the authority of the contract that was extended | 65012 |
| under division (A)(1) of this section. The director of | 65013 |
| administrative services shall select a vendor through a | 65014 |
| competitive selection process in compliance with Chapter 125. of | 65015 |
| the Revised Code. | 65016 |
| (3) A motor vehicle inspection and maintenance program | 65017 |
| operated under this section shall comply with division (B) of this | 65018 |
| section. The director of environmental protection shall administer | 65019 |
| the motor vehicle inspection and maintenance program operated | 65020 |
| under this section. | 65021 |
| (B) The motor vehicle inspection and maintenance program | 65022 |
| authorized by this section, at a minimum, shall do all of the | 65023 |
| following: | 65024 |
| (1) Comply with the federal Clean Air Act; | 65025 |
|
(2) | 65026 |
| 65027 | |
| 65028 | |
| 65029 | |
| 65030 | |
| 65031 | |
| 65032 | |
| 65033 |
| | 65034 |
| | 65035 |
| four years old or newer and provide that a new motor vehicle is | 65036 |
| exempt for four years regardless of whether legal title to the | 65037 |
| motor vehicle is transferred during that period. | 65038 |
| | 65039 |
| implement a motor vehicle inspection and maintenance program in | 65040 |
| any county other than a county in which a motor vehicle | 65041 |
| inspection and maintenance program is federally mandated. | 65042 |
| | 65043 |
| rules in accordance with Chapter 119. of the Revised Code that | 65044 |
| the director determines are necessary to implement this section. | 65045 |
| The director may continue to implement and enforce rules | 65046 |
|
pertaining to the | 65047 |
| maintenance program previously implemented under former section | 65048 |
| 3704.14 of the Revised Code as that section existed prior to its | 65049 |
| repeal and reenactment by Am. Sub. H.B. 66 of the 126th general | 65050 |
| assembly, provided that the rules do not conflict with this | 65051 |
| section. | 65052 |
| | 65053 |
| 65054 | |
|
which shall consist of money | 65055 |
|
environmental protection from any | 65056 |
| 65057 | |
| grants, and other contributions that are received for the purpose | 65058 |
| of funding the program established under this section. The | 65059 |
| director shall use money in the fund solely for the | 65060 |
| implementation, supervision, administration, operation, and | 65061 |
|
enforcement of the | 65062 |
| maintenance program established under this section. Money in the | 65063 |
| fund shall not be used for either of the following: | 65064 |
| (1) To pay for the inspection costs incurred by a motor | 65065 |
| vehicle dealer so that the dealer may provide inspection | 65066 |
| certificates to an individual purchasing a motor vehicle from the | 65067 |
| dealer when that individual resides in a county that is subject to | 65068 |
| the motor vehicle inspection and maintenance program; | 65069 |
| (2) To provide payment for more than one free passing | 65070 |
| emissions inspection or a total of three emissions inspections for | 65071 |
| a motor vehicle in any three-hundred-sixty-five day period. The | 65072 |
| owner or lessee of a motor vehicle is responsible for inspection | 65073 |
| fees that are related to emissions inspections beyond one free | 65074 |
| passing emissions inspection or three total emissions inspections | 65075 |
| in any three-hundred-sixty-five day period. Inspection fees that | 65076 |
| are charged by a contractor conducting emissions inspections under | 65077 |
| a motor vehicle inspection and maintenance program shall be | 65078 |
| approved by the director of environmental protection. | 65079 |
| | 65080 |
|
program established under this section expires | 65081 |
| 65082 | |
|
this section and shall not be | 65083 |
| the final date on which termination occurs unless otherwise | 65084 |
| federally mandated. | 65085 |
| Sec. 3704.144. Gifts, grants, and contributions for the | 65086 |
| purpose of adding pollution control equipment to diesel-powered | 65087 |
| school buses, including contributions that are made pursuant to | 65088 |
| the settlement of an administrative action or civil action that is | 65089 |
| brought at the request of the director of environmental protection | 65090 |
| pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the | 65091 |
| Revised Code, shall be credited to the clean diesel school bus | 65092 |
| fund, which is hereby created in the state treasury. The director | 65093 |
| shall use money credited to the fund to make grants to school | 65094 |
| districts in the state and to county boards of mental retardation | 65095 |
| and developmental disabilities for the purpose of adding pollution | 65096 |
| control equipment to diesel-powered school buses and to pay the | 65097 |
| environmental protection agency's costs incurred in administering | 65098 |
| this section. In addition, the director may use money credited to | 65099 |
| the fund to make grants to school districts and to county boards | 65100 |
| of mental retardation and developmental disabilities for the | 65101 |
| purpose of maintaining pollution control equipment that is | 65102 |
| installed on diesel-powered school buses and to pay the additional | 65103 |
| cost incurred by a school district or a county board for using | 65104 |
| ultra-low sulfur diesel fuel instead of diesel fuel for the | 65105 |
| operation of diesel-powered school buses. | 65106 |
| In making grants under this section, the director shall give | 65107 |
| priority to school districts and to county boards of mental | 65108 |
| retardation and developmental disabilities that are located in a | 65109 |
| county that is designated as nonattainment by the United States | 65110 |
| environmental protection agency for the fine particulate national | 65111 |
| ambient air quality standard under the federal Clean Air Act. In | 65112 |
| addition, the director may give a higher priority to a school | 65113 |
| district or a county board of mental retardation and developmental | 65114 |
| disabilities that employs additional measures that reduce air | 65115 |
| pollution from the district's or the county board's school bus | 65116 |
| fleet. | 65117 |
| The director shall adopt rules establishing procedures and | 65118 |
| requirements that are necessary to implement this section, | 65119 |
| including procedures and requirements governing applications for | 65120 |
| grants. | 65121 |
| Sec. 3705.24. (A)(1) The public health council shall, in | 65122 |
| accordance with section 111.15 of the Revised Code, adopt rules | 65123 |
| prescribing fees for the following items or services provided by | 65124 |
| the state office of vital statistics: | 65125 |
| (a) Except as provided in division (A)(4) of this section: | 65126 |
| (i) A certified copy of a vital record or a certification of | 65127 |
| birth; | 65128 |
| (ii) A search by the office of vital statistics of its files | 65129 |
| and records pursuant to a request for information, regardless of | 65130 |
| whether a copy of a record is provided; | 65131 |
| (iii) A copy of a record provided pursuant to a request; | 65132 |
| (b) Replacement of a birth certificate following an adoption, | 65133 |
| legitimation, paternity determination or acknowledgement, or court | 65134 |
| order; | 65135 |
| (c) Filing of a delayed registration of a vital record; | 65136 |
| (d) Amendment of a vital record that is requested later than | 65137 |
| one year after the filing date of the vital record; | 65138 |
| (e) Any other documents or services for which the public | 65139 |
| health council considers the charging of a fee appropriate. | 65140 |
| (2) Fees prescribed under division (A)(1)(a) of this section | 65141 |
|
shall not be less than | 65142 |
| (3) Fees prescribed under division (A)(1) of this section | 65143 |
| shall be collected in addition to any fees required by sections | 65144 |
| 3109.14 and 3705.242 of the Revised Code. | 65145 |
| (4) Fees prescribed under division (A) of this section shall | 65146 |
| not apply to certifications issued under division (H) of this | 65147 |
| section or copies provided under section 3705.241 of the Revised | 65148 |
| Code. | 65149 |
| (B) In addition to the fees prescribed under division (A) of | 65150 |
| this section or section 3709.09 of the Revised Code, the office of | 65151 |
| vital statistics or the board of health of a city or general | 65152 |
| health district shall charge a five-dollar fee for each certified | 65153 |
| copy of a vital record and each certification of birth. This fee | 65154 |
| shall be deposited in the general operations fund created under | 65155 |
| section 3701.83 of the Revised Code and be used to support the | 65156 |
| operations, the modernization, and the automation of the vital | 65157 |
| records program in this state. A board of health shall forward | 65158 |
| all fees collected under this division to the department of | 65159 |
| health not later than thirty days after the end of each calendar | 65160 |
| quarter. | 65161 |
| (C) Except as otherwise provided in division (H) of this | 65162 |
| section, and except as provided in section 3705.241 of the Revised | 65163 |
| Code, fees collected by the director of health under sections | 65164 |
| 3705.01 to 3705.29 of the Revised Code shall be paid into the | 65165 |
| state treasury to the credit of the general operations fund | 65166 |
| created by section 3701.83 of the Revised Code. Except as | 65167 |
| provided in division (B) or (I) of this section, money generated | 65168 |
| by the fees shall be used only for administration and enforcement | 65169 |
| of this chapter and the rules adopted under it. Amounts | 65170 |
| submitted to the department of health for copies of vital records | 65171 |
| or services in excess of the fees imposed by this section shall | 65172 |
| be dealt with as follows: | 65173 |
| (1) An overpayment of two dollars or less shall be retained | 65174 |
| by the department and deposited in the state treasury to the | 65175 |
| credit of the general operations fund created by section 3701.83 | 65176 |
| of the Revised Code. | 65177 |
| (2) An overpayment in excess of two dollars shall be returned | 65178 |
| to the person who made the overpayment. | 65179 |
| (D) If a local registrar is a salaried employee of a city or | 65180 |
| a general health district, any fees the local registrar receives | 65181 |
| pursuant to section 3705.23 of the Revised Code shall be paid into | 65182 |
| the general fund of the city or the health fund of the general | 65183 |
| health district. | 65184 |
| Each local registrar of vital statistics, or each health | 65185 |
| district where the local registrar is a salaried employee of the | 65186 |
| district, shall be entitled to a fee for each birth, fetal death, | 65187 |
| death, or military service certificate properly and completely | 65188 |
| made out and registered with the local registrar or district and | 65189 |
| correctly copied and forwarded to the office of vital statistics | 65190 |
| in accordance with the population of the primary registration | 65191 |
| district at the last federal census. The fee for each birth, fetal | 65192 |
| death, death, or military service certificate shall be: | 65193 |
| (1) In primary registration districts of over two hundred | 65194 |
| fifty thousand, twenty cents; | 65195 |
| (2) In primary registration districts of over one hundred | 65196 |
| twenty-five thousand and less than two hundred fifty thousand, | 65197 |
| sixty cents; | 65198 |
| (3) In primary registration districts of over fifty thousand | 65199 |
| and less than one hundred twenty-five thousand, eighty cents; | 65200 |
| (4) In primary registration districts of less than fifty | 65201 |
| thousand, one dollar. | 65202 |
| (E) The director of health shall annually certify to the | 65203 |
| county treasurers of the several counties the number of birth, | 65204 |
| fetal death, death, and military service certificates registered | 65205 |
| from their respective counties with the names of the local | 65206 |
| registrars and the amounts due each registrar and health district | 65207 |
| at the rates fixed in this section. Such amounts shall be paid by | 65208 |
| the treasurer of the county in which the registration districts | 65209 |
| are located. No fees shall be charged or collected by registrars | 65210 |
| except as provided by this chapter and section 3109.14 of the | 65211 |
| Revised Code. | 65212 |
| (F) A probate judge shall be paid a fee of fifteen cents for | 65213 |
| each certified abstract of marriage prepared and forwarded by the | 65214 |
| probate judge to the department of health pursuant to section | 65215 |
| 3705.21 of the Revised Code. The fee shall be in addition to the | 65216 |
| fee paid for a marriage license and shall be paid by the | 65217 |
| applicants for the license. | 65218 |
| (G) The clerk of a court of common pleas shall be paid a fee | 65219 |
| of one dollar for each certificate of divorce, dissolution, and | 65220 |
| annulment of marriage prepared and forwarded by the clerk to the | 65221 |
| department pursuant to section 3705.21 of the Revised Code. The | 65222 |
| fee for the certified abstract of divorce, dissolution, or | 65223 |
| annulment of marriage shall be added to the court costs allowed in | 65224 |
| these cases. | 65225 |
| (H) The fee for an heirloom certification of birth issued | 65226 |
| pursuant to division (B)(2) of section 3705.23 of the Revised Code | 65227 |
| shall be an amount prescribed by rule by the director of health | 65228 |
| plus any fee required by section 3109.14 of the Revised Code. In | 65229 |
| setting the amount of the fee, the director shall establish a | 65230 |
| surcharge in addition to an amount necessary to offset the expense | 65231 |
| of processing heirloom certifications of birth. The fee prescribed | 65232 |
| by the director of health pursuant to this division shall be | 65233 |
| deposited into the state treasury to the credit of the heirloom | 65234 |
| certification of birth fund which is hereby created. Money | 65235 |
| credited to the fund shall be used by the office of vital | 65236 |
| statistics to offset the expense of processing heirloom | 65237 |
| certifications of birth. However, the money collected for the | 65238 |
| surcharge, subject to the approval of the controlling board, shall | 65239 |
| be used for the purposes specified by the family and children | 65240 |
| first council pursuant to section 121.37 of the Revised Code. | 65241 |
| (I) Four dollars of each fee collected by the director of | 65242 |
| health or the board of health of a city or general health district | 65243 |
| for an item or service described in division (A)(1)(a) of this | 65244 |
| section shall be transferred to the office of vital statistics | 65245 |
| not later than thirty days after the end of each calendar quarter. | 65246 |
| Sec. 3706.04. The Ohio air quality development authority | 65247 |
| may: | 65248 |
| (A) Adopt bylaws for the regulation of its affairs and the | 65249 |
| conduct of its business; | 65250 |
| (B) Adopt an official seal; | 65251 |
| (C) Maintain a principal office and suboffices at such places | 65252 |
| within the state as it designates; | 65253 |
| (D) Sue and plead in its own name; be sued and impleaded in | 65254 |
| its own name with respect to its contracts or torts of its | 65255 |
| members, employees, or agents acting within the scope of their | 65256 |
| employment, or to enforce its obligations and covenants made under | 65257 |
| sections 3706.05, 3706.07, and 3706.12 of the Revised Code. Any | 65258 |
| such actions against the authority shall be brought in the court | 65259 |
| of common pleas of the county in which the principal office of the | 65260 |
| authority is located, or in the court of common pleas of the | 65261 |
| county in which the cause of action arose, provided such county is | 65262 |
| located within this state, and all summonses, exceptions, and | 65263 |
| notices of every kind shall be served on the authority by leaving | 65264 |
| a copy thereof at the principal office with the person in charge | 65265 |
| thereof or with the secretary-treasurer of the authority. | 65266 |
| (E) Make loans and grants to governmental agencies for the | 65267 |
| acquisition or construction of air quality projects by any such | 65268 |
| governmental agency and adopt rules and procedures for making such | 65269 |
| loans and grants; | 65270 |
| (F) Acquire, construct, reconstruct, enlarge, improve, | 65271 |
| furnish, equip, maintain, repair, operate, lease or rent to, or | 65272 |
| contract for operation by, a person or governmental agency, air | 65273 |
| quality projects, and establish rules for the use of such | 65274 |
| projects; | 65275 |
| (G) Make available the use or services of any air quality | 65276 |
| project to one or more persons, one or more governmental agencies, | 65277 |
| or any combination thereof; | 65278 |
| (H) Issue air quality revenue bonds and notes and air quality | 65279 |
| revenue refunding bonds of the state, payable solely from revenues | 65280 |
| as provided in section 3706.05 of the Revised Code, unless the | 65281 |
| bonds be refunded by refunding bonds, for the purpose of paying | 65282 |
| any part of the cost of one or more air quality projects or parts | 65283 |
| thereof; | 65284 |
| (I) Acquire by gift or purchase, hold, and dispose of real | 65285 |
| and personal property in the exercise of the powers of the | 65286 |
| authority and the performance of its duties under this chapter; | 65287 |
| (J) Acquire, in the name of the state, by purchase or | 65288 |
| otherwise, on such terms and in such manner as the authority finds | 65289 |
| proper, or by the exercise of the right of condemnation in the | 65290 |
| manner provided by section 3706.17 of the Revised Code, such | 65291 |
| public or private lands, including public parks, playgrounds, or | 65292 |
| reservations, or parts thereof or rights therein, rights-of-way, | 65293 |
| property, rights, easements, and interests as it finds necessary | 65294 |
| for carrying out this chapter, but excluding the acquisition by | 65295 |
| the exercise of the right of condemnation of any air quality | 65296 |
| facility owned by any person or governmental agency; and | 65297 |
| compensation shall be paid for public or private lands so taken; | 65298 |
| (K) Make and enter into all contracts and agreements and | 65299 |
| execute all instruments necessary or incidental to the performance | 65300 |
| of its duties and the execution of its powers under this chapter. | 65301 |
| (1) When the cost under any such contract or agreement, other | 65302 |
| than compensation for personal services, involves an expenditure | 65303 |
| of more than two thousand dollars, the authority shall make a | 65304 |
| written contract with the lowest responsive and responsible | 65305 |
| bidder, in accordance with section 9.312 of the Revised Code, | 65306 |
| after advertisement for not less than two consecutive weeks in a | 65307 |
| newspaper of general circulation in Franklin county, and in such | 65308 |
| other publications as the authority determines, which notice shall | 65309 |
| state the general character of the work and the general character | 65310 |
| of the materials to be furnished, the place where plans and | 65311 |
| specifications therefor may be examined, and the time and place of | 65312 |
| receiving bids; provided, that a contract or lease for the | 65313 |
| operation of an air quality project constructed and owned by the | 65314 |
| authority or an agreement for cooperation in the acquisition or | 65315 |
| construction of an air quality project pursuant to section 3706.12 | 65316 |
| of the Revised Code or any contract for the construction of an air | 65317 |
| quality project that is to be leased by the authority to, and | 65318 |
| operated by, persons who are not governmental agencies and the | 65319 |
| cost of such project is to be amortized exclusively from rentals | 65320 |
| or other charges paid to the authority by persons who are not | 65321 |
| governmental agencies is not subject to the foregoing requirements | 65322 |
| and the authority may enter into such contract, lease, or | 65323 |
| agreement pursuant to negotiation and upon such terms and | 65324 |
| conditions and for such period as it finds to be reasonable and | 65325 |
| proper in the circumstances and in the best interests of proper | 65326 |
| operation or of efficient acquisition or construction of such | 65327 |
| project. | 65328 |
| (2) Each bid for a contract for the construction, demolition, | 65329 |
| alteration, repair, or reconstruction of an improvement shall | 65330 |
| contain the full name of every person interested in it and meet | 65331 |
| the requirements of section 153.54 of the Revised Code. | 65332 |
| (3) Each bid for a contract except as provided in division | 65333 |
| (K)(2) of this section shall contain the full name of every person | 65334 |
| interested in it and shall be accompanied by a sufficient bond or | 65335 |
| certified check on a solvent bank that if the bid is accepted a | 65336 |
| contract will be entered into and the performance thereof secured. | 65337 |
| (4) The authority may reject any and all bids. | 65338 |
| (5) A bond with good and sufficient surety, approved by the | 65339 |
| authority, shall be required of every contractor awarded a | 65340 |
| contract except as provided in division (K)(2) of this section, in | 65341 |
| an amount equal to at least fifty per cent of the contract price, | 65342 |
| conditioned upon the faithful performance of the contract. | 65343 |
| (L) Employ managers, superintendents, and other employees and | 65344 |
| retain or contract with consulting engineers, financial | 65345 |
| consultants, accounting experts, architects, attorneys, and such | 65346 |
| other consultants and independent contractors as are necessary in | 65347 |
| its judgment to carry out this chapter, and fix the compensation | 65348 |
| thereof. All expenses thereof shall be payable solely from the | 65349 |
| proceeds of air quality revenue bonds or notes issued under this | 65350 |
| chapter, from revenues, or from funds appropriated for such | 65351 |
| purpose by the general assembly. | 65352 |
| (M) Receive and accept from any federal agency, subject to | 65353 |
| the approval of the governor, grants for or in aid of the | 65354 |
| construction of any air quality project or for research and | 65355 |
| development with respect to air quality facilities, and receive | 65356 |
| and accept aid or contributions from any source of money, | 65357 |
| property, labor, or other things of value, to be held, used, and | 65358 |
| applied only for the purposes for which such grants and | 65359 |
| contributions are made; | 65360 |
| (N) Engage in research and development with respect to air | 65361 |
| quality facilities; | 65362 |
| (O) Purchase fire and extended coverage and liability | 65363 |
| insurance for any air quality project and for the principal office | 65364 |
| and suboffices of the authority, insurance protecting the | 65365 |
| authority and its officers and employees against liability for | 65366 |
| damage to property or injury to or death of persons arising from | 65367 |
| its operations, and any other insurance the authority may agree to | 65368 |
| provide under any resolution authorizing its air quality revenue | 65369 |
| bonds or in any trust agreement securing the same; | 65370 |
| (P) Charge, alter, and collect rentals and other charges for | 65371 |
| the use or services of any air quality project as provided in | 65372 |
| section 3706.13 of the Revised Code; | 65373 |
| (Q) Develop energy initiatives, projects, and policy for the | 65374 |
| state in accordance with section 3706.35 of the Revised Code; | 65375 |
| (R) Provide coverage for its employees under Chapters 145., | 65376 |
| 4123., and 4141. of the Revised Code; | 65377 |
| | 65378 |
| powers expressly granted in this chapter. | 65379 |
| Any instrument by which real property is acquired pursuant to | 65380 |
| this section shall identify the agency of the state that has the | 65381 |
| use and benefit of the real property as specified in section | 65382 |
| 5301.012 of the Revised Code. | 65383 |
| Sec. 3706.25. As used in sections 3706.25 to 3706.30 of the | 65384 |
| Revised Code: | 65385 |
| (A) "Advanced energy project" means any technologies, | 65386 |
| products, activities, or management practices or strategies that | 65387 |
| facilitate the generation or use of electricity or energy and that | 65388 |
| reduce or support the reduction of energy consumption or support | 65389 |
| the production of clean, renewable energy for industrial, | 65390 |
| distribution, commercial, institutional, governmental, research, | 65391 |
| not-for-profit, or residential energy users including, but not | 65392 |
| limited to, advanced energy resources and renewable energy | 65393 |
| resources. "Advanced energy project" includes any project | 65394 |
| described in division (A), (B), or (C) of section 4928.621 of the | 65395 |
| Revised Code. | 65396 |
| (B) "Advanced energy resource" means any of the following: | 65397 |
| (1) Any method or any modification or replacement of any | 65398 |
| property, process, device, structure, or equipment that increases | 65399 |
| the generation output of an electric generating facility to the | 65400 |
| extent such efficiency is achieved without additional carbon | 65401 |
| dioxide emissions by that facility; | 65402 |
| (2) Any distributed generation system consisting of customer | 65403 |
| cogeneration of electricity and thermal output simultaneously, | 65404 |
| primarily to meet the energy needs of the customer's facilities; | 65405 |
| (3) Advanced nuclear energy technology consisting of | 65406 |
| generation III technology as defined by the nuclear regulatory | 65407 |
| commission; other, later technology; or significant improvements | 65408 |
| to existing facilities; | 65409 |
| (4) Any fuel cell used in the generation of electricity, | 65410 |
| including, but not limited to, a proton exchange membrane fuel | 65411 |
| cell, phosphoric acid fuel cell, molten carbonate fuel cell, or | 65412 |
| solid oxide fuel cell; | 65413 |
| (5) Advanced solid waste or construction and demolition | 65414 |
| debris conversion technology, including, but not limited to, | 65415 |
| advanced stoker technology, and advanced fluidized bed | 65416 |
| gasification technology, that results in measurable greenhouse | 65417 |
| gas emissions reductions as calculated pursuant to the United | 65418 |
| States environmental protection agency's waste reduction model | 65419 |
| (WARM); | 65420 |
| (6) Methane gas emitted from an operating or abandoned coal | 65421 |
| mine. | 65422 |
| (C) "Renewable energy resource" means solar photovoltaic or | 65423 |
| solar thermal energy, wind energy, power produced by a | 65424 |
| hydroelectric facility, geothermal energy, fuel derived from | 65425 |
| solid wastes, as defined in section 3734.01 of the Revised Code, | 65426 |
| through fractionation, biological decomposition, or other | 65427 |
| process that does not principally involve combustion, biomass | 65428 |
| energy, biologically derived methane gas, or energy derived | 65429 |
| from nontreated by-products of the pulping process or wood | 65430 |
| manufacturing process, including bark, wood chips, sawdust, | 65431 |
| and lignin in spent pulping liquors. "Renewable energy | 65432 |
| resource" includes, but is not limited to, any fuel cell used | 65433 |
| in the generation of electricity, including, but not limited | 65434 |
| to, a proton exchange membrane fuel cell, phosphoric acid fuel | 65435 |
| cell, molten carbonate fuel cell, or solid oxide fuel cell; wind | 65436 |
| turbine located in the state's territorial waters of Lake Erie; | 65437 |
| storage facility that will promote the better utilization of a | 65438 |
| renewable energy resource that primarily generates off peak; or | 65439 |
| distributed generation system used by a customer to generate | 65440 |
| electricity from any such energy. As used in this division, | 65441 |
| "hydroelectric facility" means a hydroelectric generating | 65442 |
| facility that is located at a dam on a river, or on any water | 65443 |
| discharged to a river, that is within or bordering this state | 65444 |
| or within or bordering an adjoining state and meets all of the | 65445 |
| following standards: | 65446 |
| (1) The facility provides for river flows that are not | 65447 |
| detrimental for fish, wildlife, and water quality, including | 65448 |
| seasonal flow fluctuations as defined by the applicable licensing | 65449 |
| agency for the facility. | 65450 |
| (2) The facility demonstrates that it complies with the | 65451 |
| water quality standards of this state, which compliance may | 65452 |
| consist of certification under Section 401 of the "Clean Water | 65453 |
| Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and | 65454 |
| demonstrates that it has not contributed to a finding by this | 65455 |
| state that the river has impaired water quality under Section | 65456 |
| 303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33 | 65457 |
| U.S.C. 1313. | 65458 |
| (3) The facility complies with mandatory prescriptions | 65459 |
| regarding fish passage as required by the federal energy | 65460 |
| regulatory commission license issued for the project, regarding | 65461 |
| fish protection for riverine, anadromous, and catadromus fish. | 65462 |
| (4) The facility complies with the recommendations of the | 65463 |
| Ohio environmental protection agency and with the terms of its | 65464 |
| federal energy regulatory commission license regarding watershed | 65465 |
| protection, mitigation, or enhancement, to the extent of each | 65466 |
| agency's respective jurisdiction over the facility. | 65467 |
| (5) The facility complies with provisions of the "Endangered | 65468 |
| Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as | 65469 |
| amended. | 65470 |
| (6) The facility does not harm cultural resources of the | 65471 |
| area. This can be shown through compliance with the terms of its | 65472 |
| federal energy regulatory commission license or, if the facility | 65473 |
| is not regulated by that commission, through development of a plan | 65474 |
| approved by the Ohio historic preservation office, to the extent | 65475 |
| it has jurisdiction over the facility. | 65476 |
| (7) The facility complies with the terms of its federal | 65477 |
| energy regulatory commission license or exemption that are related | 65478 |
| to recreational access, accommodation, and facilities or, if the | 65479 |
| facility is not regulated by that commission, the facility | 65480 |
| complies with similar requirements as are recommended by | 65481 |
| resource agencies, to the extent they have jurisdiction over the | 65482 |
| facility; and the facility provides access to water to the | 65483 |
| public without fee or charge. | 65484 |
| (8) The facility is not recommended for removal by any | 65485 |
| federal agency or agency of any state, to the extent the | 65486 |
| particular agency has jurisdiction over the facility. | 65487 |
| Sec. 3706.35. The Ohio air quality development authority | 65488 |
| shall establish the energy strategy development program for the | 65489 |
| purpose of developing energy initiatives, projects, and policy for | 65490 |
| the state. Issues addressed by such initiatives, projects, and | 65491 |
| policy shall not be limited to those governed by this chapter. | 65492 |
| There is hereby created in the state treasury the energy | 65493 |
| strategy development fund. The fund shall consist of money | 65494 |
| credited to it and money obtained for advanced energy projects | 65495 |
| from federal or private grants, loans, or other sources. Money in | 65496 |
| the fund shall be used to carry out the purposes of the program. | 65497 |
| Interest earned on the money in the fund shall be credited to the | 65498 |
| general revenue fund. | 65499 |
| Sec. 3709.09. (A) The board of health of a city or general | 65500 |
| health district may, by rule, establish a uniform system of fees | 65501 |
| to pay the costs of any services provided by the board. | 65502 |
| The fee for issuance of a certified copy of a vital record or | 65503 |
| a certification of birth shall not be less than the fee prescribed | 65504 |
| for the same service under division (A)(1) of section 3705.24 of | 65505 |
| the Revised Code and shall include the fees required by division | 65506 |
| (B) of section 3705.24 and section 3109.14 of the Revised Code. | 65507 |
| Fees for services provided by the board for purposes | 65508 |
| specified in sections 3701.344, 3711.10, 3718.06, 3729.07, | 65509 |
| 3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall | 65510 |
| be established in accordance with rules adopted under division (B) | 65511 |
| of this section. The district advisory council, in the case of a | 65512 |
| general health district, and the legislative authority of the | 65513 |
| city, in the case of a city health district, may disapprove any | 65514 |
| fee established by the board of health under this division, and | 65515 |
| any such fee, as disapproved, shall not be charged by the board of | 65516 |
| health. | 65517 |
| (B) The public health council shall adopt rules under section | 65518 |
| 111.15 of the Revised Code that establish fee categories and a | 65519 |
|
uniform | 65520 |
| of services provided for purposes specified in sections 3701.344, | 65521 |
| 3711.10, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04 | 65522 |
| of the Revised Code. In adopting the rules, the public health | 65523 |
| council shall consider recommendations it receives from advisory | 65524 |
| boards established either by statute or the director of health | 65525 |
| for entities subject to the fees. | 65526 |
| (C) | 65527 |
| a board of health establishes a fee by adopting a rule as an | 65528 |
| emergency measure, the board of health shall hold a public hearing | 65529 |
| regarding each proposed fee for a service provided by the board | 65530 |
| for a purpose specified in section 3701.344, 3711.10, 3718.06, | 65531 |
| 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 of the Revised | 65532 |
|
Code | 65533 |
| 65534 | |
| If a public hearing is held, at least twenty days prior to the | 65535 |
| public hearing the board shall give written notice of the hearing | 65536 |
| to each entity affected by the proposed fee. The notice shall be | 65537 |
| mailed to the last known address of each entity and shall specify | 65538 |
| the date, time, and place of the hearing and the amount of the | 65539 |
| proposed fee. | 65540 |
| (D) If a fee established under this section is not received | 65541 |
| by the end of the last day on which it is due, the board of health | 65542 |
| shall assess a penalty. The amount of the penalty shall be equal | 65543 |
| to the greater of the following amounts: | 65544 |
| (1) Twenty-five per cent of the fee; | 65545 |
| (2) Ten per cent of the fee multiplied by the number of weeks | 65546 |
| that have elapsed since the payment was due. | 65547 |
| (E) All rules adopted by a board of health under this section | 65548 |
| shall be adopted, recorded, and certified as are ordinances of | 65549 |
| municipal corporations and the record thereof shall be given in | 65550 |
| all courts the same effect as is given such ordinances, but the | 65551 |
| advertisements of such rules shall be by publication in one | 65552 |
| newspaper of general circulation within the health district. | 65553 |
| Publication shall be made once a week for two consecutive weeks | 65554 |
| and such rules shall take effect and be in force ten days from the | 65555 |
| date of the first publication. | 65556 |
| Sec. 3709.092. (A) A board of health of a city or general | 65557 |
| health district shall transmit to the director of health all fees | 65558 |
| or additional amounts that the public health council requires to | 65559 |
| be collected under sections 3701.344, 3718.06, 3729.07, 3733.04, | 65560 |
| 3733.25, and 3749.04 of the Revised Code. The fees and amounts | 65561 |
| shall be transmitted according to the following schedule: | 65562 |
| (1) For fees and amounts received by the board on or after | 65563 |
| the first day of January but not later than the thirty-first day | 65564 |
| of March, transmit the fees and amounts not later than the | 65565 |
| fifteenth day of May; | 65566 |
| (2) For fees and amounts received by the board on or after | 65567 |
| the first day of April but not later than the thirtieth day of | 65568 |
| June, transmit the fees and amounts not later than the fifteenth | 65569 |
| day of August; | 65570 |
| (3) For fees and amounts received by the board on or after | 65571 |
| the first day of July but not later than the thirtieth day of | 65572 |
| September, transmit the fees and amounts not later than the | 65573 |
| fifteenth day of November; | 65574 |
| (4) For fees and amounts received by the board on or after | 65575 |
| the first day of October but not later than the thirty-first day | 65576 |
| of December, transmit the fees and amounts not later than the | 65577 |
| fifteenth day of February of the following year. | 65578 |
| (B) The director shall deposit the fees and amounts received | 65579 |
| under this section into the state treasury to the credit of the | 65580 |
| general operations fund created in section 3701.83 of the Revised | 65581 |
| Code. Each amount shall be used solely for the purpose for which | 65582 |
| it was collected. | 65583 |
| Sec. 3710.01. As used in this chapter: | 65584 |
| (A) "Asbestos" means the asbestiform varieties of chrysotile | 65585 |
| or serpentine, amosite or cummingtonitegrunerite, crocidolite or | 65586 |
| riebeckite, actinolite, tremolite, and anthophylite. | 65587 |
| (B) "Asbestos hazard abatement activity" means any activity | 65588 |
|
involving the removal, renovation, enclosure, repair, | 65589 |
| encapsulation, or operation and maintenance of reasonably related | 65590 |
| friable asbestos-containing materials in an amount greater than | 65591 |
| 65592 | |
| 65593 | |
| 65594 | |
| 65595 | |
| 65596 | |
| 65597 | |
| 65598 |
| (C) "Asbestos hazard abatement contractor" means a business | 65599 |
| entity or public entity that engages in or intends to engage in | 65600 |
|
asbestos hazard abatement | 65601 |
| supervises one or more asbestos hazard abatement specialists for | 65602 |
| asbestos hazard abatement activities. "Asbestos hazard abatement | 65603 |
| contractor" does not mean an employee of an asbestos hazard | 65604 |
| abatement contractor, a general contractor who subcontracts to an | 65605 |
| asbestos hazard abatement contractor an asbestos hazard abatement | 65606 |
| 65607 | |
|
hazard abatement | 65608 |
| home. | 65609 |
| (D) "Asbestos hazard abatement project" means one or more | 65610 |
|
asbestos hazard abatement activities | 65611 |
| which is in an amount greater than fifty linear feet or fifty | 65612 |
| square feet of friable asbestos-containing materials and that is | 65613 |
|
conducted by one
asbestos hazard abatement contractor | 65614 |
| 65615 | |
| project" also includes any such activity involving such friable | 65616 |
| asbestos-containing materials in an amount of fifty linear feet or | 65617 |
| fifty square feet or less if, when combined with any other | 65618 |
| reasonably related activity in terms of time or location of the | 65619 |
| activity, the total amount is in an amount greater than fifty | 65620 |
| linear feet or fifty square feet. | 65621 |
| (E) "Asbestos hazard abatement specialist" means a person | 65622 |
| with responsibility for the oversight or supervision of asbestos | 65623 |
| hazard abatement activities, including asbestos hazard abatement | 65624 |
| project managers, hazard abatement project supervisors and | 65625 |
| foremen, and employees of school districts or other governmental | 65626 |
| or public entities who coordinate or directly supervise or oversee | 65627 |
| asbestos hazard abatement activities performed by school district, | 65628 |
| governmental, or other public employees in school district, | 65629 |
| governmental, or other public buildings. | 65630 |
| (F) "Asbestos hazard evaluation specialist" means a person | 65631 |
| responsible for the inspection, identification, detection, and | 65632 |
| assessment of asbestos-containing materials or suspect | 65633 |
| asbestos-containing materials, the determination of appropriate | 65634 |
| response actions, or the preparation of asbestos management plans | 65635 |
| for the purpose of protecting the public health from the hazards | 65636 |
| associated with exposure to asbestos, including the performance of | 65637 |
| air and bulk sampling. This category of specialists includes | 65638 |
| inspectors, management planners, health professionals, industrial | 65639 |
| hygienists, private consultants, or other individuals involved in | 65640 |
| asbestos risk identification or assessment or regulatory | 65641 |
| activities. | 65642 |
| (G) "Business entity" means a partnership, firm, association, | 65643 |
| corporation, sole proprietorship, or other business concern. | 65644 |
| (H) "Public entity" means the state or any of its political | 65645 |
| subdivisions or any agency or instrumentality of either. | 65646 |
| (I) "License" means a document issued by the department of | 65647 |
| health to a business entity or public entity affirming that the | 65648 |
| entity has met the requirements set forth in this chapter to | 65649 |
|
engage in asbestos hazard abatement | 65650 |
| asbestos hazard abatement contractor. | 65651 |
| (J) "Certificate" means: | 65652 |
| (1) A document issued by the department to an individual | 65653 |
| affirming that the individual has successfully completed the | 65654 |
| training and other requirements set forth in this chapter to | 65655 |
| qualify as an asbestos hazard abatement specialist, an asbestos | 65656 |
| hazard evaluation specialist, an asbestos hazard abatement worker, | 65657 |
| an asbestos hazard abatement project designer, an asbestos hazard | 65658 |
| abatement air-monitoring technician, an approved asbestos hazard | 65659 |
| training provider, or other category of asbestos hazard specialist | 65660 |
| that the public health council establishes by rule; or | 65661 |
| (2) A document issued by a training institution in accordance | 65662 |
| with rules adopted by the public health council affirming that an | 65663 |
| individual has successfully completed the instruction required in | 65664 |
| all categories as provided in sections 3710.07 and 3710.10 of the | 65665 |
| Revised Code. | 65666 |
| (K) "Person" means any individual, business entity, | 65667 |
| governmental body, or other public or private entity. | 65668 |
| (L) "Encapsulate" means to coat, bind, or resurface | 65669 |
| asbestos-containing materials on walls, ceilings, pipes, or other | 65670 |
| structures to prevent friable asbestos from becoming airborne. | 65671 |
| (M) "Friable asbestos-containing material" means any material | 65672 |
|
that contains more than one per cent asbestos | 65673 |
| determined using the methods specified in 40 C.F.R. Part 763, | 65674 |
| Subpart E, Appendix E, Section 1, "Polarized Light Microscopy," | 65675 |
| and that can be crumbled, pulverized, or reduced to powder, when | 65676 |
| dry, by hand pressure. "Friable asbestos-containing material" | 65677 |
| includes previously non-friable material after that material | 65678 |
| becomes damaged to the extent that, when dry, it may be crumbled, | 65679 |
| pulverized, or reduced to powder by hand pressure. | 65680 |
| (N) "Enclosure" means the permanent confinement of friable | 65681 |
| asbestos-containing materials with an airtight barrier in an area | 65682 |
| not used as an air plenum. | 65683 |
| (O) "Renovation" means the removal or stripping of friable | 65684 |
| asbestos-containing materials used on any pipe, duct, boiler, | 65685 |
| tank, reactor, turbine, furnace, or load supporting member. | 65686 |
| (P) "Asbestos hazard abatement worker" means the person | 65687 |
| responsible in a nonsupervisory capacity for the performance of an | 65688 |
| asbestos hazard abatement activity. | 65689 |
| (Q) "Asbestos hazard abatement project designer" means the | 65690 |
| person responsible for the oversight of an asbestos hazard | 65691 |
| abatement activity or the determination of the workscope, work | 65692 |
| sequence, or performance standards for an asbestos hazard | 65693 |
| abatement activity, including preparation of specifications, | 65694 |
| plans, and contract documents. | 65695 |
| (R) "Director" means the director of health or | 65696 |
| director's authorized representative. | 65697 |
| (S) "Clearance air sampling" means an air sampling performed | 65698 |
|
after the completion of any asbestos hazard abatement
| 65699 |
| project and prior to the reoccupation of the contained work area | 65700 |
| by the public and conducted for the purpose of protecting the | 65701 |
| public from the health hazards associated with exposure to friable | 65702 |
| asbestos-containing material. | 65703 |
| (T) "Asbestos hazard abatement air-monitoring technician" | 65704 |
| means the person who is responsible for environmental monitoring | 65705 |
| or work area clearance air sampling, including air monitoring | 65706 |
| performed to determine completion of response actions under the | 65707 |
| rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United | 65708 |
| States environmental protection agency pursuant to the "Asbestos | 65709 |
| Hazard Emergency Response Act of 1986," Pub. L. 99-519, 100 Stat. | 65710 |
| 2970. "Asbestos hazard abatement air-monitoring technician" does | 65711 |
|
not mean an industrial hygienist | 65712 |
| 65713 |
| Sec. 3710.04. (A) To qualify for an asbestos hazard | 65714 |
| abatement contractor's license, a business entity or public entity | 65715 |
| shall meet the requirements of this section. | 65716 |
| (B) Each employee or agent of the business entity or public | 65717 |
| entity applying for a license who will come in contact with | 65718 |
| asbestos or will be responsible for an asbestos hazard abatement | 65719 |
| 65720 |
| (1) Be familiar with all applicable state and federal | 65721 |
| standards for asbestos hazard abatement projects; | 65722 |
| (2) Have successfully completed the course of instruction on | 65723 |
| asbestos hazard abatement activities, for their particular | 65724 |
| certification, approved by the department of health pursuant to | 65725 |
| section 3710.10 of the Revised Code, have passed an examination | 65726 |
| approved by the department, and demonstrate to the department that | 65727 |
| 65728 | |
| applicable standards of this state, the United States | 65729 |
| environmental protection agency, and the United States | 65730 |
| occupational safety and health administration. | 65731 |
| (C) A business entity or public entity applying for an | 65732 |
| asbestos hazard abatement contractor's license shall, in addition | 65733 |
| to the other requirements of this section, provide at least one | 65734 |
| asbestos hazard abatement specialist, certified pursuant to this | 65735 |
| chapter and the rules of the public health council adopted | 65736 |
| pursuant thereto, for each asbestos hazard abatement project, and | 65737 |
|
demonstrate to the satisfaction of the department that | 65738 |
| the following apply to the applicant: | 65739 |
| (1) | 65740 |
| disposal site approved by the Ohio environmental protection agency | 65741 |
|
that is
sufficient for the deposit of all asbestos waste that | 65742 |
| the applicant will generate during the term of the license; | 65743 |
| (2) | 65744 |
| remove asbestos, demonstrated by reliability as an asbestos hazard | 65745 |
| abatement contractor, possesses a work program that prevents the | 65746 |
| contamination or recontamination of the environment and protects | 65747 |
| the public health from the hazards of exposure to asbestos, | 65748 |
| possesses evidence of certification of each individual employee or | 65749 |
| agent who will be responsible for others who may come in contact | 65750 |
| with friable asbestos-containing materials, possesses evidence of | 65751 |
| training of workers required by section 3710.07 of the Revised | 65752 |
| Code, and has prior successful experience in asbestos hazard | 65753 |
| abatement projects or equivalent qualifications as determined by | 65754 |
| rule by the public health council; | 65755 |
| (3) | 65756 |
| program consistent with requirements established by the public | 65757 |
| health council if the contractor is a public entity, and a worker | 65758 |
| protection program consistent with the requirements of the United | 65759 |
| States occupational safety and health administration if the | 65760 |
| contractor is a business entity; | 65761 |
| (4) | 65762 |
| the secretary of state. | 65763 |
| (D) No applicant for licensure as an asbestos hazard | 65764 |
| abatement contractor, in order to meet the requirements of this | 65765 |
| chapter, shall list an employee of another contractor. | 65766 |
| (E) The business entity or public entity shall meet any other | 65767 |
| standards that the public health council, by rule, sets. | 65768 |
| (F) Nothing in this chapter or the rules adopted pursuant | 65769 |
| thereto relating to asbestos hazard abatement project designers | 65770 |
| shall be interpreted as authorizing or permitting an individual | 65771 |
| who is certified as an asbestos hazard abatement project designer | 65772 |
| to perform the services of a registered architect or professional | 65773 |
| engineer unless that person is registered under Chapter 4703. or | 65774 |
| 4733. of the Revised Code to perform such services. | 65775 |
| Sec. 3710.05. (A) Except as otherwise provided in this | 65776 |
| chapter, no person shall engage in any asbestos hazard abatement | 65777 |
| activities in this state unless licensed or certified pursuant to | 65778 |
| this chapter. | 65779 |
| (B) To apply for licensure as an asbestos hazard abatement | 65780 |
| contractor or certification as an asbestos hazard abatement | 65781 |
| specialist, an asbestos hazard evaluation specialist, an asbestos | 65782 |
| hazard abatement project designer, or an asbestos hazard abatement | 65783 |
| air-monitoring technician, a person shall do all of the following: | 65784 |
| (1) Submit a completed application to the department of | 65785 |
| health, on a form provided by the department; | 65786 |
| (2) Pay the requisite fee as provided in division (D) of this | 65787 |
| section; | 65788 |
| (3) Submit any other information the public health council by | 65789 |
| rule requires. | 65790 |
| (C) The application form for a business entity or public | 65791 |
| entity applying for an asbestos hazard abatement contractor's | 65792 |
| license shall include all of the following: | 65793 |
| (1) A description of the protective clothing and respirators | 65794 |
| that the public entity will use to comply with rules adopted by | 65795 |
| the public health council and that the business entity will use to | 65796 |
| comply with requirements of the United States occupational safety | 65797 |
| and health administration; | 65798 |
| (2) A description of procedures the business entity or public | 65799 |
| entity will use for the selection, utilization, handling, removal, | 65800 |
| and disposal of clothing to prevent contamination or | 65801 |
| recontamination of the environment and to protect the public | 65802 |
| health from the hazards associated with exposure to asbestos; | 65803 |
| (3) The name and address of each asbestos disposal site that | 65804 |
| the business entity or public entity might use during the year; | 65805 |
| (4) A description of the site decontamination procedures that | 65806 |
| the business entity or public entity will use; | 65807 |
| (5) A description of the asbestos hazard abatement procedures | 65808 |
| that the business entity or public entity will use; | 65809 |
| (6) A description of the procedures that the business entity | 65810 |
| or public entity will use for handling waste containing asbestos; | 65811 |
| (7) A description of the air-monitoring procedures that the | 65812 |
| business entity or public entity will use to prevent contamination | 65813 |
| or recontamination of the environment and to protect the public | 65814 |
| health from the hazards of exposure to asbestos; | 65815 |
| (8) A description of the final clean-up procedures that the | 65816 |
| business entity or public entity will use; | 65817 |
| (9) A list of all partners, owners, and officers of the | 65818 |
| business entity along with their social security numbers; | 65819 |
| (10) The federal tax identification number of the business | 65820 |
| entity or the public entity. | 65821 |
| (D) The fees to be charged to each public entity and business | 65822 |
| entity and their employees and agents for licensure, | 65823 |
| certification, approval, and renewal of licenses, certifications, | 65824 |
| and approvals granted under this chapter, subject to division | 65825 |
| (A)(4) of section 3710.02 of the Revised Code, are as follows: | 65826 |
| (1) Seven hundred fifty dollars for asbestos hazard abatement | 65827 |
| contractors; | 65828 |
| (2) Two hundred dollars for asbestos hazard abatement project | 65829 |
| designers; | 65830 |
| (3) Fifty dollars for asbestos hazard abatement workers; | 65831 |
| (4) Two hundred dollars for asbestos hazard abatement | 65832 |
| specialists; | 65833 |
| (5) Two hundred dollars for asbestos hazard evaluation | 65834 |
|
specialists; | 65835 |
| (6) Nine hundred dollars for approval or renewal of asbestos | 65836 |
| hazard training providers. | 65837 |
| (E) Notwithstanding division (A) of this section, no business | 65838 |
|
entity which engages in asbestos hazard abatement
| 65839 |
| projects solely at its own place of business is required to be | 65840 |
| licensed as an asbestos hazard abatement contractor provided that | 65841 |
| the business entity is required to and does comply with all | 65842 |
| applicable standards of the United States environmental protection | 65843 |
| agency and the United States occupational safety and health | 65844 |
| administration and provided further that all persons employed by | 65845 |
|
the business entity on the | 65846 |
| of this chapter. | 65847 |
| Sec. 3710.051. No | 65848 |
| contractor shall enter into an agreement to perform any aspect of | 65849 |
| an asbestos hazard abatement project unless the agreement is | 65850 |
| written and contains at least all of the following: | 65851 |
| (A) A requirement that all persons working on the project are | 65852 |
| licensed or certified by the department of health as required by | 65853 |
| this chapter; | 65854 |
| (B) A requirement that all project clearance levels and | 65855 |
| sampling be in accordance with the public health council rules; | 65856 |
| (C) A requirement that all clearance air-monitoring be | 65857 |
| conducted by asbestos hazard abatement air-monitoring technicians | 65858 |
| or asbestos hazard evaluation specialists certified by the | 65859 |
| department. | 65860 |
| Sec. 3710.06. (A) Within fifteen business days after | 65861 |
| receiving an application, the department of health shall | 65862 |
| acknowledge receipt of the application and notify the applicant of | 65863 |
| any deficiency in the application. Within sixty calendar days | 65864 |
| after receiving a completed application, including all additional | 65865 |
| information requested by the department, the department shall | 65866 |
| issue a license or certificate or deny the application. The | 65867 |
| department shall issue only one license or certificate that is in | 65868 |
| effect at one time to a business entity and its principal officers | 65869 |
| and a public entity and its principal officers. | 65870 |
| (B)(1) The department shall deny an application if it | 65871 |
| determines that the applicant has not demonstrated the ability to | 65872 |
| comply fully with all applicable federal and state requirements | 65873 |
| and all requirements, procedures, and standards established by the | 65874 |
| public health council in this chapter. | 65875 |
| (2) The department shall deny any application for an asbestos | 65876 |
| hazard abatement contractor's license if the applicant or an | 65877 |
| officer or employee of the applicant has been convicted of a | 65878 |
| felony or found liable in a civil proceeding under any state or | 65879 |
| federal law designed to protect the environment. | 65880 |
| (3) The department shall send all denials of an application | 65881 |
| by certified mail to the applicant. If the department receives a | 65882 |
| timely request for a hearing from the applicant, as provided in | 65883 |
| division (D) of section 3710.13 of the Revised Code, the | 65884 |
| department shall hold a hearing in accordance with Chapter 119. of | 65885 |
| the Revised Code. | 65886 |
| (C) In an emergency that results from a sudden, unexpected | 65887 |
| event that is not a planned asbestos hazard abatement project, the | 65888 |
|
department may waive the requirements for a license | 65889 |
| 65890 | |
| includes operations necessitated by nonroutine failures of | 65891 |
| equipment or by actions of fire and emergency medical personnel | 65892 |
| pursuant to duties within their official capacities. Any person | 65893 |
|
who performs an asbestos hazard abatement | 65894 |
| emergency conditions shall notify the director within three days | 65895 |
| after performance thereof. | 65896 |
| (D) Each license or certificate issued under this chapter | 65897 |
| expires one year after the date of issue, but each licensee or | 65898 |
| certificate holder may apply to the department for the extension | 65899 |
|
of | 65900 |
| renewal procedures of Chapter 4745. of the Revised Code. | 65901 |
| To qualify for renewal of a license or certificate issued | 65902 |
| under this chapter, each licensee or certificate holder shall send | 65903 |
| the appropriate renewal fee set forth in division (D) of section | 65904 |
| 3710.05 of the Revised Code or as adopted by rule by the public | 65905 |
| health council pursuant to division (A)(4) of section 3710.02 of | 65906 |
| the Revised Code. | 65907 |
| Certificate holders also shall successfully complete an | 65908 |
| annual renewal course approved by the department pursuant to | 65909 |
| section 3710.10 of the Revised Code. | 65910 |
| (E) The department may charge a fee in addition to those | 65911 |
| specified in division (D) of section 3710.05 of the Revised Code | 65912 |
| or in rule of the public health council pursuant to division | 65913 |
| (A)(4) of section 3710.02 of the Revised Code if the licensee or | 65914 |
| certificate holder applies for renewal after the expiration | 65915 |
| thereof or requests a reissuance of any license or certificate, | 65916 |
| provided that no such fee shall exceed the original fees by more | 65917 |
| than fifty per cent. | 65918 |
| Sec. 3710.07. (A) Prior to engaging in any asbestos hazard | 65919 |
| abatement project, an asbestos hazard abatement contractor shall | 65920 |
| do all of the following: | 65921 |
| (1) Prepare a written respiratory protection program as | 65922 |
| defined by the public health council pursuant to rule, and make | 65923 |
| the program available to the department of health, and workers at | 65924 |
| the job site if the contractor is a public entity or prepare a | 65925 |
| written respiratory protection program, consistent with 29 C.F.R. | 65926 |
| 1910.134 and make the program available to the department, and | 65927 |
| workers at the job site if the contractor is a business entity; | 65928 |
| (2) Ensure that each worker who will be involved in any | 65929 |
| asbestos hazard abatement project has been examined within the | 65930 |
| preceding year and has been declared by a physician to be | 65931 |
| physically capable of working while wearing a respirator; | 65932 |
| (3) Ensure that each of the contractor's employees or agents | 65933 |
| who will come in contact with asbestos-containing materials or | 65934 |
| will be responsible for an asbestos hazard abatement project | 65935 |
| receives the appropriate certification or licensure required by | 65936 |
| this chapter and completes both of the following training courses: | 65937 |
| (a) An initial course approved by the department pursuant to | 65938 |
| section 3710.10 of the Revised Code, completed before engaging in | 65939 |
|
any asbestos hazard abatement | 65940 |
| (b) An annual review course approved by the department | 65941 |
| pursuant to section 3710.10 of the Revised Code. | 65942 |
| (B) After obtaining or renewing a license, an asbestos hazard | 65943 |
| abatement contractor shall notify the department, on a form | 65944 |
| approved by the director of health, at least ten business days | 65945 |
| before beginning each asbestos hazard abatement project conducted | 65946 |
| during the term of the contractor's license. | 65947 |
| (C) In addition to any other fee imposed under this chapter, | 65948 |
| an asbestos hazard abatement contractor shall pay, at the time of | 65949 |
| providing notice under division (B) of this section, the | 65950 |
| department a fee of sixty-five dollars for each asbestos hazard | 65951 |
| abatement project conducted. | 65952 |
| Sec. 3710.08. (A) An asbestos hazard abatement contractor | 65953 |
| engaging in any asbestos hazard abatement project shall, during | 65954 |
| the course of the project: | 65955 |
| (1) Conduct each project in a manner that is in compliance | 65956 |
| with the requirements the director of environmental protection | 65957 |
| adopts pursuant to section 3704.03 of the Revised Code and the | 65958 |
| asbestos requirements of the United States occupational safety and | 65959 |
|
health administration set forth in 29 C.F.R. | 65960 |
| (2) Comply with all applicable rules adopted by the public | 65961 |
| health council pursuant to section 3710.02 of the Revised Code. | 65962 |
| (B) An asbestos hazard abatement contractor that is a public | 65963 |
| entity shall: | 65964 |
| (1) Provide workers with protective clothing and equipment | 65965 |
| and ensure that the workers involved in any asbestos hazard | 65966 |
| abatement project use the items properly. Protective clothing and | 65967 |
| equipment shall include: | 65968 |
| (a) Respirators approved by the national institute of | 65969 |
| occupational safety and health. These respirators shall be fit | 65970 |
| tested in accordance with requirements of the United States | 65971 |
| occupational safety and health administration set forth in 29 | 65972 |
|
C.F.R. | 65973 |
| asbestos hazard abatement contractor shall provide the employee | 65974 |
| with a powered air purifying respirator, in which case, the | 65975 |
| testing requirements of division (B)(1)(a) of this section do not | 65976 |
| apply. | 65977 |
| (b) Items required by the public health council by rule as | 65978 |
| provided in division (A)(7) of section 3710.02 of the Revised | 65979 |
| Code. | 65980 |
| (2) Comply with all applicable standards of conduct and | 65981 |
| requirements adopted by the public health council and the director | 65982 |
| of health pursuant to section 3710.02 of the Revised Code. | 65983 |
| (C) An asbestos hazard abatement specialist engaging in any | 65984 |
|
asbestos hazard abatement | 65985 |
|
course of
the | 65986 |
| (1) Conduct each | 65987 |
| decontamination procedures, project containment procedures, and | 65988 |
| asbestos fiber dispersal methods as provided in division (A)(6) of | 65989 |
| section 3710.02 of the Revised Code; | 65990 |
| (2) Ensure that workers utilize, handle, remove, and dispose | 65991 |
| of the disposable clothing provided by abatement contractors in a | 65992 |
| manner that will prevent contamination or recontamination of the | 65993 |
| environment and protect the public health from the hazards of | 65994 |
| exposure to asbestos; | 65995 |
| (3) Ensure that workers utilize protective clothing and | 65996 |
| equipment and comply with the applicable health and safety | 65997 |
|
standards set forth in division (A) of this section | 65998 |
| 65999 |
| (4) Ensure that there is no smoking, eating, or drinking in | 66000 |
| the work area; | 66001 |
| (5) Comply with all applicable standards of conduct and | 66002 |
| requirements adopted by the public health council and director of | 66003 |
| health pursuant to section 3710.02 of the Revised Code. | 66004 |
| (D) An asbestos hazard evaluation specialist engaged in the | 66005 |
| identification, detection, and assessment of asbestos-containing | 66006 |
| materials, the determination of appropriate response actions, or | 66007 |
| other activities associated with an abatement project or the | 66008 |
| preparation of management plans, shall comply with the applicable | 66009 |
| standards of conduct and requirements adopted by the public health | 66010 |
| council and the director of health pursuant to section 3710.02 of | 66011 |
| the Revised Code. | 66012 |
| (E) Every asbestos hazard abatement worker shall comply with | 66013 |
| all applicable standards adopted by the public health council | 66014 |
| pursuant to section 3710.02 of the Revised Code. | 66015 |
| | 66016 |
| 66017 | |
| 66018 | |
| 66019 | |
| 66020 | |
| 66021 | |
| 66022 | |
| 66023 |
| Sec. 3710.12. Subject to the hearing provisions of this | 66024 |
| chapter, the department of health may deny, suspend, or revoke any | 66025 |
| license or certificate, or renewal thereof, if the licensee or | 66026 |
| certificate holder does or is doing one of the following: | 66027 |
| (A) Fraudulently or deceptively obtains or attempts to obtain | 66028 |
| a license or certificate; | 66029 |
| (B) Fails at any time to meet the qualifications for a | 66030 |
| license or certificate; | 66031 |
| (C) Is violating or threatening to violate any provisions of | 66032 |
| one of the following: | 66033 |
| (1) This chapter or the rules of the public health council or | 66034 |
| director of health adopted pursuant thereto; | 66035 |
| (2) The "National Emission Standard for Hazardous Air | 66036 |
| Pollutants" regulations of the United States environmental | 66037 |
|
protection agency as the regulations pertain to asbestos; | 66038 |
| (3) The regulations of the United States occupational safety | 66039 |
| and health administration as the regulations pertain to asbestos; | 66040 |
| (4) The regulations set forth in 40 C.F.R. Part 763 that were | 66041 |
| adopted by the United States environmental protection agency | 66042 |
| pursuant to Title II of the "Toxic Substances Control Act," Pub. | 66043 |
| L. No. 94-469, 90 Stat. 2003, as amended by the "Asbestos Hazard | 66044 |
| Emergency Response Act of 1986," Pub. L. No. 99-519, 100 Stat. | 66045 |
| 2970. | 66046 |
| Sec. 3710.13. (A) Except as otherwise provided in Chapter | 66047 |
| 119. of the Revised Code or this section, before the department of | 66048 |
| health takes any action under section 3710.12 of the Revised Code, | 66049 |
| it shall give the licensee or certificate holder against whom | 66050 |
| action is contemplated an opportunity for a hearing. | 66051 |
| Except as otherwise provided in this section, the department | 66052 |
| shall give notice and hold the hearing in accordance with Chapter | 66053 |
| 119. of the Revised Code. | 66054 |
| (B) The department, without notice or hearing and in | 66055 |
| accordance with the rules of the public health council, may issue | 66056 |
| an order requiring any action necessary to meet a public health | 66057 |
| emergency involving asbestos. Any person to whom an order is | 66058 |
| directed shall immediately comply with the order. Upon application | 66059 |
| to the director of health, the person shall be afforded a hearing | 66060 |
| as soon as possible, but no more than twenty days after receipt of | 66061 |
| the application by the director. | 66062 |
| (C) If the director determines, pursuant to division (B) of | 66063 |
|
this section, that a public health emergency exists, | 66064 |
| director may order, without a hearing, the denial, suspension, or | 66065 |
| revocation of any license or certificate issued under this chapter | 66066 |
| of the parties involved, provided that an opportunity for a | 66067 |
| hearing is provided to the affected party as soon as reasonably | 66068 |
| possible. | 66069 |
| (D) All proceedings under this chapter are subject to Chapter | 66070 |
| 119. of the Revised Code, except that: | 66071 |
| (1) Upon the request of a licensee or certificate holder, the | 66072 |
| location of an adjudicatory hearing is the county seat of the | 66073 |
| county in which the licensee or certificate holder conducts | 66074 |
| business. | 66075 |
| (2) The director shall notify, by certified mail or personal | 66076 |
|
delivery, a licensee or certificate holder that | 66077 |
|
certificate holder is
entitled to a hearing if | 66078 |
| certificate holder requests it, in writing, within ten business | 66079 |
|
days of the time that | 66080 |
| receives the notice. If the licensee or certificate holder | 66081 |
| requests such a hearing, the director shall set the hearing date | 66082 |
| no later than ten business days after the director receives the | 66083 |
| request. | 66084 |
| (3) The director shall not apply for or receive a | 66085 |
| postponement or continuation of an adjudication hearing. If a | 66086 |
| licensee or certificate holder requests a postponement or | 66087 |
| continuation of an adjudication hearing, the director only shall | 66088 |
| grant the request if the licensee or certificate holder | 66089 |
| demonstrates extreme hardship in complying with the hearing date. | 66090 |
| If the director grants a postponement or continuation on the | 66091 |
| grounds of extreme hardship, the director shall include in the | 66092 |
| record of the case, the nature and cause of the extreme hardship. | 66093 |
| (4) In lieu of an adjudicatory hearing required by this | 66094 |
| chapter, a licensee or certificate holder, by no later than the | 66095 |
|
date set for a hearing pursuant to division (A) | 66096 |
| section, may by written request to the director, request that the | 66097 |
| matter be resolved by the licensee or certificate holder | 66098 |
| submitting documents, papers, and other written evidence to the | 66099 |
|
director to support | 66100 |
| claim. | 66101 |
| (5) If the director appoints a referee or an examiner to | 66102 |
| conduct a hearing, all of the following apply: | 66103 |
| (a) The examiner or referee shall serve, by certified mail | 66104 |
| and within three business days of the conclusion of the hearing, a | 66105 |
|
copy of the written adjudication report and | 66106 |
| examiner's recommendations, on the director and the affected | 66107 |
| licensee or certificate holder or the licensee's or certificate | 66108 |
| holder's attorney or other representative of record. | 66109 |
| (b) The licensee or certificate holder, within three business | 66110 |
| days of receipt of the report under division (D)(5)(a) of this | 66111 |
| section, may file with the director written objections to the | 66112 |
| report and recommendations. | 66113 |
| (c) The director shall consider any objections received under | 66114 |
| division (D)(5)(b) of this section prior to approving, modifying, | 66115 |
| or disapproving the report and recommendations. Within six | 66116 |
| business days of receiving the report under division (D)(5)(a) of | 66117 |
|
this section, the director shall serve | 66118 |
| by certified mail or personal delivery, on the affected licensee | 66119 |
| or certificate holder or the licensee's or certificate holder's | 66120 |
| attorney or other representative of record. | 66121 |
| (6) If the director conducts an adjudicatory hearing under | 66122 |
|
this chapter, | 66123 |
| decision, by certified mail or personal delivery and within three | 66124 |
| business days of the conclusion of the hearing, on the affected | 66125 |
| licensee or certificate holder or the licensee's or certificate | 66126 |
| holder's attorney or other representative of record. | 66127 |
| (7) If no hearing is held, the director shall issue an order, | 66128 |
| by certified mail or personal delivery and within three business | 66129 |
| days of the last date possible for a hearing, based upon the | 66130 |
|
record available
to | 66131 |
| certificate holder or the licensee's or certificate holder's | 66132 |
| attorney or other representative of record. | 66133 |
| (8) A licensee or certificate holder shall file a notice of | 66134 |
| appeal to an adverse adjudication decision within fifteen days | 66135 |
| after receipt of the director's order. | 66136 |
| Sec. 3710.141. The director of health may issue an order | 66137 |
| requiring any action necessary to meet a public health emergency | 66138 |
| involving asbestos. Any unlicensed or uncertified person to whom | 66139 |
| an order is directed shall comply immediately with the order. If | 66140 |
| immediate action to comply with the order and correct the | 66141 |
| emergency is not taken, the attorney general at the request of the | 66142 |
| director may commence a civil action for civil penalties and | 66143 |
| injunctions in accordance with section 3710.14 of the Revised | 66144 |
| Code. | 66145 |
| Sec. 3712.01. As used in this chapter: | 66146 |
| (A) "Hospice care program" means a coordinated program of | 66147 |
| home, outpatient, and inpatient care and services that is operated | 66148 |
| by a person or public agency and that provides the following care | 66149 |
| and services to hospice patients, including services as indicated | 66150 |
| below to hospice patients' families, through a medically directed | 66151 |
| interdisciplinary team, under interdisciplinary plans of care | 66152 |
| established pursuant to section 3712.06 of the Revised Code, in | 66153 |
| order to meet the physical, psychological, social, spiritual, and | 66154 |
| other special needs that are experienced during the final stages | 66155 |
| of illness, dying, and bereavement: | 66156 |
| (1) Nursing care by or under the supervision of a registered | 66157 |
| nurse; | 66158 |
| (2) Physical, occupational, or speech or language therapy, | 66159 |
| unless waived by the department of health pursuant to rules | 66160 |
| adopted under division (A) of section 3712.03 of the Revised Code; | 66161 |
| (3) Medical social services by a social worker under the | 66162 |
| direction of a physician; | 66163 |
| (4) Services of a home health aide; | 66164 |
| (5) Medical supplies, including drugs and biologicals, and | 66165 |
| the use of medical appliances; | 66166 |
| (6) Physician's services; | 66167 |
| (7) Short-term inpatient care, including both palliative and | 66168 |
| respite care and procedures; | 66169 |
| (8) Counseling for hospice patients and hospice patients' | 66170 |
| families; | 66171 |
| (9) Services of volunteers under the direction of the | 66172 |
| provider of the hospice care program; | 66173 |
| (10) Bereavement services for hospice patients' families. | 66174 |
| (B) "Hospice patient" means a patient who has been diagnosed | 66175 |
| as terminally ill, has an anticipated life expectancy of six | 66176 |
| months or less, and has voluntarily requested and is receiving | 66177 |
| care from a person or public agency licensed under this chapter to | 66178 |
| provide a hospice care program. | 66179 |
| (C) "Hospice patient's family" means a hospice patient's | 66180 |
| immediate family members, including a spouse, brother, sister, | 66181 |
| child, or parent, and any other relative or individual who has | 66182 |
| significant personal ties to the patient and who is designated as | 66183 |
| a member of the patient's family by mutual agreement of the | 66184 |
| patient, the relative or individual, and the patient's | 66185 |
| interdisciplinary team. | 66186 |
| (D) "Interdisciplinary team" means a working unit composed of | 66187 |
| professional and lay persons that includes at least a physician, a | 66188 |
| registered nurse, a social worker, a member of the clergy or a | 66189 |
| counselor, and a volunteer. | 66190 |
| (E) "Palliative care" means treatment for a patient with a | 66191 |
| serious or life-threatening illness directed at controlling pain, | 66192 |
|
relieving other
symptoms, and | 66193 |
| enhancing the quality
of life of | 66194 |
| 66195 | |
| 66196 | |
| 66197 | |
| Nothing in this section shall be interpreted to mean that | 66198 |
| palliative care can be provided only as a component of a hospice | 66199 |
| care program. | 66200 |
| (F) "Physician" means a person authorized under Chapter 4731. | 66201 |
| of the Revised Code to practice medicine and surgery or | 66202 |
| osteopathic medicine and surgery. | 66203 |
| (G) "Attending physician" means the physician identified by | 66204 |
| the hospice patient or the hospice patient's family as having | 66205 |
| primary responsibility for the hospice patient's medical care. | 66206 |
| (H) "Registered nurse" means a person registered under | 66207 |
| Chapter 4723. of the Revised Code to practice professional | 66208 |
| nursing. | 66209 |
| (I) "Social worker" means a person licensed under Chapter | 66210 |
| 4757. of the Revised Code to practice as a social worker or | 66211 |
| independent social worker. | 66212 |
| Sec. 3712.03. (A) In accordance with Chapter 119. of the | 66213 |
| Revised Code, the public health council shall adopt, and may amend | 66214 |
| and rescind, rules: | 66215 |
| (1) Providing for the licensing of persons or public agencies | 66216 |
| providing hospice care programs within this state by the | 66217 |
| department of health and for the suspension and revocation of | 66218 |
| licenses; | 66219 |
| (2) Establishing a license fee and license renewal fee | 66220 |
| 66221 | |
|
this section, exceed | 66222 |
| cover the three-year period during which an existing license is | 66223 |
| valid as provided in division (B) of section 3712.04 of the | 66224 |
| Revised Code. | 66225 |
| (3) Establishing an inspection fee not to exceed, except as | 66226 |
| provided in division (B) of this section, one thousand seven | 66227 |
| hundred fifty dollars; | 66228 |
| (4) Establishing requirements for hospice care program | 66229 |
| facilities and services; | 66230 |
| (5) Providing for a waiver of the requirement for the | 66231 |
| provision of physical, occupational, or speech or language therapy | 66232 |
| contained in division (A)(2) of section 3712.01 of the Revised | 66233 |
| Code when the requirement would create a hardship because such | 66234 |
| therapy is not readily available in the geographic area served by | 66235 |
| the provider of a hospice care program; | 66236 |
| (6) Providing for the granting of licenses to provide hospice | 66237 |
| care programs to persons and public agencies that are accredited | 66238 |
| or certified to provide such programs by an entity whose standards | 66239 |
| for accreditation or certification equal or exceed those provided | 66240 |
|
for licensure under this chapter and rules
adopted under it; | 66241 |
| (7) Establishing interpretive guidelines for each rule. | 66242 |
| (B) Subject to the approval of the controlling board, the | 66243 |
| public health council may establish fees in excess of the maximum | 66244 |
|
amounts
| 66245 |
| 66246 | |
| not exceed those amounts by greater than fifty per cent. | 66247 |
| (C) The department of health shall: | 66248 |
| (1) Grant, suspend, and revoke licenses for hospice care | 66249 |
| programs in accordance with this chapter and rules adopted under | 66250 |
| it; | 66251 |
| (2) Make such inspections as are necessary to determine | 66252 |
| whether hospice care program facilities and services meet the | 66253 |
| requirements of this chapter and rules adopted under it; and | 66254 |
| (3) Implement and enforce this chapter and rules adopted | 66255 |
| under it. | 66256 |
| Sec. 3713.01. As used in sections 3713.01 to 3713.10 of the | 66257 |
| Revised Code: | 66258 |
| (A) "Person" has the same meaning as used in division (C) of | 66259 |
| section 1.59 of the Revised Code and also means any limited | 66260 |
| company, limited liability partnership, joint stock company, or | 66261 |
| other association. | 66262 |
| (B) "Bedding" means any upholstered furniture, any mattress, | 66263 |
| upholstered spring, comforter, bolster, pad, cushion, pillow, | 66264 |
| mattress protector, quilt, and any other upholstered article, to | 66265 |
| be used for sleeping, resting, or reclining purposes, and any | 66266 |
| glider, hammock, or other substantially similar article that is | 66267 |
| wholly or partly upholstered. | 66268 |
| (C) "Secondhand" means any article, or material, or portion | 66269 |
| thereof of which prior use has been made in any manner whatsoever. | 66270 |
| (D) "Remade, repaired, or renovated articles not for sale" | 66271 |
| means any article that is remade, repaired, or renovated for and | 66272 |
| is returned to the owner for the owner's own use. | 66273 |
| (E) "Sale," "sell," or "sold" shall, in the corresponding | 66274 |
| tense, mean sell, offer to sell, or deliver or consign in sale, or | 66275 |
| possess with intent to sell, or deliver in sale. | 66276 |
| (F) "Upholstered furniture" means any article of furniture | 66277 |
| wholly or partly stuffed or filled with material and that is used | 66278 |
| or intended for use for sitting, resting, or reclining purposes. | 66279 |
| (G) "Stuffed toy" means any article intended for use as a | 66280 |
| plaything or for an educational or recreational purpose that is | 66281 |
| wholly or partially stuffed with material. | 66282 |
| (H) "Tag" or "label" means any material prescribed by the | 66283 |
|
superintendent of | 66284 |
| article that contains information required under this chapter. | 66285 |
| Sec. 3713.02. (A) Except as provided in section 3713.05 of | 66286 |
| the Revised Code, no person shall import, manufacture, renovate, | 66287 |
| wholesale, or reupholster stuffed toys or articles of bedding in | 66288 |
| this state without first registering to do so with the | 66289 |
|
superintendent of
| 66290 |
| section 3713.05 of the Revised Code. | 66291 |
| (B) No person shall manufacture, offer for sale, sell, | 66292 |
| deliver, or possess for the purpose of manufacturing, selling, or | 66293 |
| delivering, an article of bedding or a stuffed toy that is not | 66294 |
| labeled in accordance with section 3713.08 of the Revised Code. | 66295 |
| (C) No person shall manufacture, offer for sale, sell, | 66296 |
| deliver, or possess for the purpose of manufacturing, selling, or | 66297 |
| delivering, an article of bedding or a stuffed toy that is falsely | 66298 |
| labeled. | 66299 |
| (D) No person shall sell or offer for sale any secondhand | 66300 |
| article of bedding or any secondhand stuffed toy that has not been | 66301 |
| sanitized in accordance with section 3713.08 of the Revised Code. | 66302 |
| (E) The possession of any article of bedding or stuffed toy | 66303 |
| in the course of business by a person required to obtain | 66304 |
| registration under this chapter, or by that person's agent or | 66305 |
| servant shall be prima-facie evidence of the person's intent to | 66306 |
| sell the article of bedding or stuffed toy. | 66307 |
| Sec. 3713.03. The superintendent of | 66308 |
| labor in the department of commerce shall administer and enforce | 66309 |
| this chapter. | 66310 |
| Sec. 3713.04. (A) In accordance with Chapter 119. of the | 66311 |
|
Revised Code, the superintendent of
| 66312 |
| shall: | 66313 |
| (1) Adopt rules pertaining to the definition, name, and | 66314 |
| description of materials necessary to carry out this chapter; | 66315 |
| (2) Determine the testing standards, fees, and charges to be | 66316 |
| paid for making any test or analysis required pursuant to section | 66317 |
| 3713.08 of the Revised Code. | 66318 |
| (B) In accordance with Chapter 119. of the Revised Code, the | 66319 |
| superintendent may adopt rules regarding the following: | 66320 |
| (1) Establishing an initial application fee or an annual | 66321 |
| registration renewal fee not more than fifty per cent higher than | 66322 |
| the fees set forth in section 4713.05 of the Revised Code; | 66323 |
| (2) Establishing standards, on a reciprocal basis, for the | 66324 |
| acceptance of labels and laboratory analyses from other states | 66325 |
| where the labeling requirements and laboratory analysis standards | 66326 |
| are substantially equal to the requirements of this state, | 66327 |
| provided the other state extends similar reciprocity to labels and | 66328 |
| laboratory analysis conducted under this chapter; | 66329 |
| (3) Any other rules necessary to administer and carry out | 66330 |
| this chapter. | 66331 |
| (C) The superintendent may do any of the following: | 66332 |
| (1) Issue administrative orders, conduct hearings, and take | 66333 |
| all actions necessary under the authority of Chapter 119. of the | 66334 |
| Revised Code for the administration of this chapter. The authority | 66335 |
| granted under this division shall include the authority to | 66336 |
| suspend, revoke, or deny registration under this chapter. | 66337 |
| (2) Establish and maintain facilities within the department | 66338 |
| of commerce to make tests and analysis of materials used in the | 66339 |
| manufacture of bedding and stuffed toys. The superintendent also | 66340 |
| may designate established laboratories in various sections of the | 66341 |
| state that are qualified to make these tests. If the | 66342 |
| superintendent exercises this authority, the superintendent shall | 66343 |
| adopt rules to determine the fees and charges to be paid for | 66344 |
| making the tests or analyses authorized under this section. | 66345 |
| (3) Exercise such other powers and duties as are necessary to | 66346 |
| carry out the purpose and intent of this chapter. | 66347 |
| Sec. 3713.05. (A) Applications to register to import, | 66348 |
| manufacture, renovate, wholesale, make, or reupholster stuffed | 66349 |
| toys or bedding in this state shall be made in writing on forms | 66350 |
|
provided by the
superintendent of | 66351 |
| application shall be accompanied by a registration fee of fifty | 66352 |
| dollars per person unless the applicant engages only in | 66353 |
| renovation, in which case the registration fee shall be | 66354 |
| thirty-five dollars. | 66355 |
| (B) Upon receipt of the application and the appropriate fee, | 66356 |
| the superintendent shall register the applicant and assign a | 66357 |
| registration number to the registrant. | 66358 |
| (C) Notwithstanding section 3713.02 of the Revised Code and | 66359 |
| division (A) of this section, the following are exempt from | 66360 |
| registration: | 66361 |
| (1) An organization described in section 501(c)(3) of the | 66362 |
| "Internal Revenue Code of 1986," and exempt from income tax under | 66363 |
| section 501(a) of that code and that is operated exclusively to | 66364 |
| provide recreation or social services; | 66365 |
| (2) A person who is not regularly engaged in the business of | 66366 |
| manufacturing, making, wholesaling, or importing stuffed toys but | 66367 |
| who manufactures or makes stuffed toys as a leisure pursuit and | 66368 |
| who sells one hundred or fewer stuffed toys within one calendar | 66369 |
| year; | 66370 |
| (3) A person who is not regularly engaged in the business of | 66371 |
| manufacturing, making, wholesaling, or importing quilts, | 66372 |
| comforters, pillows, or cushions, but who manufactures or makes | 66373 |
| these items as a leisure pursuit and who sells five or fewer | 66374 |
| quilts, ten or fewer comforters, or twenty or fewer pillows or | 66375 |
| cushions within one calendar year. | 66376 |
| (D) Notwithstanding division (C)(2) or (3) of this section, a | 66377 |
| person exempt under that division must attach a label to each | 66378 |
| stuffed toy that contains all of the following information: | 66379 |
| (1) The person's name and address; | 66380 |
| (2) A statement that the person is not registered by the | 66381 |
| state of Ohio; | 66382 |
| (3) A statement that the contents of the product have not | 66383 |
| been inspected. | 66384 |
| Sec. 3713.06. (A) Any person required to register under | 66385 |
| division (A) of section 3713.02 of the Revised Code who imports | 66386 |
| bedding or stuffed toys into this state for retail sale or use in | 66387 |
| this state and any person required to register under division (A) | 66388 |
| of section 3713.02 of the Revised Code who manufactures bedding or | 66389 |
| stuffed toys in this state for retail sale or use in this state | 66390 |
|
shall submit a report to the
superintendent of | 66391 |
| 66392 | |
| superintendent. The form shall be submitted once every six months | 66393 |
| and shall show the total number of items of bedding or stuffed | 66394 |
| toys imported into this state or manufactured in this state. Each | 66395 |
| report shall be accompanied by a fee of four cents for each item | 66396 |
| of bedding or stuffed toy imported into this state or manufactured | 66397 |
| in this state. | 66398 |
| (B) Every importer, manufacturer, or wholesaler of stuffed | 66399 |
| toys or articles of bedding, and every mobile home and | 66400 |
| recreational vehicle dealer, conversion van dealer, secondhand | 66401 |
| dealer, and auction house shall retain records, designated by the | 66402 |
| superintendent in rule, for the time period established in rule. | 66403 |
| (C) Every importer, manufacturer, or wholesaler of stuffed | 66404 |
| toys or articles of bedding, and every mobile home and | 66405 |
| recreational vehicle dealer, conversion van dealer, secondhand | 66406 |
| dealer, and auction house shall make sufficient investigation of | 66407 |
| its records to ensure that the information reported to the | 66408 |
| superintendent under division (A) of this section is accurate. | 66409 |
| Sec. 3713.07. (A) Registration obtained under this chapter | 66410 |
| expires annually on the last day of the month in the month that | 66411 |
|
the registration was obtained. The superintendent of | 66412 |
| 66413 | |
| Chapter 4745. of the Revised Code. | 66414 |
| (B) Failure on the part of any registrant to renew | 66415 |
| registration prior to its expiration, when notified as required in | 66416 |
| this section, shall not deprive the person of the right to renewal | 66417 |
| within the ninety days that follow expiration, but the fee to be | 66418 |
| paid for renewal after its expiration shall be one hundred dollars | 66419 |
| plus the standard registration fee for the registrant. | 66420 |
| (C) If a registrant fails to renew registration within ninety | 66421 |
| days of the date that it expired, the former registrant shall | 66422 |
| comply with the registration requirements under section 3713.05 of | 66423 |
| the Revised Code to obtain valid registration. | 66424 |
| Sec. 3713.08. (A) All persons required to register under | 66425 |
| division (A) of section 3713.02 of the Revised Code manufacturing, | 66426 |
| making, or wholesaling bedding or stuffed toys, or both, that are | 66427 |
| sold or offered for sale shall have the material content of their | 66428 |
| products tested and analyzed at an established laboratory | 66429 |
|
designated by the
superintendent of | 66430 |
| before the bedding or stuffed toys are sold or offered for sale. | 66431 |
| (B) Every stuffed toy or item of bedding sold or offered for | 66432 |
| sale shall have a label affixed to it that reports the contents of | 66433 |
| the stuffed toy or bedding material in conformity with | 66434 |
| requirements established by the superintendent, a registration | 66435 |
| number, and any other identifying information as required by the | 66436 |
| superintendent. | 66437 |
| (C) The seller of any secondhand articles of bedding or | 66438 |
| stuffed toys shall sanitize all items in accordance with rules | 66439 |
| established by the superintendent prior to the sale of or the | 66440 |
| offering for sale of any secondhand articles. | 66441 |
| (D) This section does not apply to any of the following: | 66442 |
| (1) Persons who meet the qualifications of division (C)(2) or | 66443 |
| (3) of section 3713.05 of the Revised Code; | 66444 |
| (2) The sale of furniture more than fifty years old; | 66445 |
| (3) The sale of furniture from the home of the owner directly | 66446 |
| to the purchaser. | 66447 |
| Sec. 3713.09. (A) The superintendent of | 66448 |
| labor may appoint inspectors and periodically inspect and | 66449 |
| investigate any establishment where bedding or stuffed toys are | 66450 |
| manufactured, made, remade, renovated, repaired, sanitized, sold, | 66451 |
| or offered for sale, or where previously used material is | 66452 |
| processed for use in the manufacture of bedding or stuffed toys. | 66453 |
| (1) Each inspector shall make a written report to the | 66454 |
| superintendent of each examination and inspection complete with | 66455 |
| the inspector's findings and recommendations. Inspectors may place | 66456 |
| "off sale" any article of bedding or stuffed toy offered for sale, | 66457 |
| or found in the possession of any person with the intent to sell, | 66458 |
| in violation of section 3713.02 of the Revised Code. Inspectors | 66459 |
| shall perform other duties related to inspection and examination | 66460 |
| as prescribed by the superintendent. | 66461 |
| (2) When articles are placed "off sale" under division (A)(1) | 66462 |
| of this section, they shall be tagged, and the tag shall not be | 66463 |
| removed except by an authorized representative of the division of | 66464 |
| 66465 | |
| satisfaction of the superintendent proof of compliance with the | 66466 |
| requirements of section 3713.08 of the Revised Code. | 66467 |
| (B)(1) When an inspector has cause to believe that any | 66468 |
| bedding or stuffed toy is not tagged or labeled in accordance with | 66469 |
| section 3713.08 of the Revised Code, the inspector may open any | 66470 |
| seam of the bedding or stuffed toy in question to examine the | 66471 |
| material used or contained within it and take a reasonable amount | 66472 |
| of the material for testing and analysis and, if necessary, | 66473 |
| examine any and all purchase records in order to determine the | 66474 |
| contents or the kind of material used in the bedding or stuffed | 66475 |
| toy in question. An inspector may seize and hold evidence of any | 66476 |
| article of bedding, stuffed toy, or material manufactured, made, | 66477 |
| possessed, renovated, remade, or repaired, sold, or offered for | 66478 |
| sale contrary to this chapter. | 66479 |
| (2) Immediately after seizing articles believed to be in | 66480 |
| violation of this chapter, the inspector immediately shall report | 66481 |
| the seizure to the superintendent. The superintendent shall hold a | 66482 |
| hearing in accordance with Chapter 119. of the Revised Code or | 66483 |
| make a ruling in the matter. If the superintendent finds that the | 66484 |
| article of bedding, stuffed toy, or material is not in violation | 66485 |
| of this chapter, the superintendent shall order the item or items | 66486 |
| returned to the owner. If the superintendent finds a violation of | 66487 |
| this chapter, the superintendent may do either of the following: | 66488 |
| (a) Return the articles to the owner for proper treatment, | 66489 |
| tagging or labeling, or other action as ordered by the | 66490 |
| superintendent, subject to the requirement that the articles be | 66491 |
| reinspected at cost to the owner, prior to being sold or offered | 66492 |
| for sale; | 66493 |
| (b) Report the violation to the appropriate prosecuting | 66494 |
| attorney or city law director. | 66495 |
| (C) The superintendent, at reasonable times and upon | 66496 |
| reasonable notice, may examine or cause to be examined the records | 66497 |
| of any importer, manufacturer, or wholesaler of stuffed toys or | 66498 |
| articles of bedding, mobile home and recreational vehicle dealer, | 66499 |
| conversion van dealer, secondhand dealer, or auction house to | 66500 |
| determine compliance with this chapter. The superintendent may | 66501 |
| enter into contracts, pursuant to procedures prescribed by the | 66502 |
| superintendent, with persons to examine these records to determine | 66503 |
| compliance with this chapter. These persons may collect and remit | 66504 |
| to the superintendent any amounts due under this chapter. | 66505 |
| (D) Records audited pursuant to division (C) of this section | 66506 |
| are confidential and shall not be disclosed except as required by | 66507 |
| section 149.43 of the Revised Code, or as the superintendent finds | 66508 |
| necessary for the proper administration of this chapter. | 66509 |
| (E) In the case of any investigation or examination, or both, | 66510 |
| that requires investigation or examination outside of this state | 66511 |
| of any importer, manufacturer, or wholesaler of stuffed toys or | 66512 |
| articles of bedding, or of any mobile home or recreational vehicle | 66513 |
| dealer, conversion van dealer, secondhand dealer, or auction | 66514 |
| house, the superintendent may require the investigated or examined | 66515 |
| person to pay the actual expense of the investigation or | 66516 |
| examination. The superintendent shall provide an itemized | 66517 |
| statement of actual expenses to the investigated or examined | 66518 |
| person. | 66519 |
| (F) Whenever the superintendent has reason to believe, from | 66520 |
| the superintendent's own information, upon complaint, or | 66521 |
| otherwise, that any person has engaged in, is engaging in, or is | 66522 |
| about to engage in any practice prohibited by this chapter, or | 66523 |
| when the superintendent has reason to believe that it is necessary | 66524 |
| for public health and safety, the superintendent may do any of the | 66525 |
| following: | 66526 |
| (1) Investigate violations of this chapter, and for that | 66527 |
| purpose, may subpoena witnesses in connection with the | 66528 |
| investigation. The superintendent may make application to the | 66529 |
| appropriate court of common pleas for an order enjoining the | 66530 |
| violation of this chapter, and upon a showing by the | 66531 |
| superintendent that any registrant or person acting in a manner | 66532 |
| that requires registration has violated or is about to violate | 66533 |
| this chapter, an injunction, restraining order, or other order as | 66534 |
| may be appropriate shall be granted by the court. | 66535 |
| (2) Compel by subpoena the attendance of witnesses to testify | 66536 |
| in relation to any matter over which the superintendent has | 66537 |
| jurisdiction and that is the subject of inquiry and investigation | 66538 |
| by the superintendent, and require the production of any book, | 66539 |
| paper, or document pertaining to the matter. In case any person | 66540 |
| fails to file any statement or report, obey any subpoena, give | 66541 |
| testimony, or produce any books, records, or papers as required by | 66542 |
| a subpoena, the court of common pleas of any county in the state, | 66543 |
| upon application made to it by the superintendent, shall compel | 66544 |
| obedience by attachment proceedings for contempt. | 66545 |
| (3) Suspend or revoke the registration of any importer, | 66546 |
| manufacturer, or wholesaler of stuffed toys or articles of | 66547 |
| bedding, mobile home or recreational vehicle dealer, conversion | 66548 |
| van dealer, secondhand dealer, or auction house; | 66549 |
| (4) Submit evidence of the violation or violations to any | 66550 |
| city prosecutor, city director of law, or prosecuting attorney | 66551 |
| with authority to prosecute. If the city prosecutor, city director | 66552 |
| of law, or prosecuting attorney with authority to prosecute fails | 66553 |
| to prosecute, the superintendent shall submit the evidence to the | 66554 |
| attorney general who may proceed with the prosecution. | 66555 |
| Sec. 3713.10. All money collected under this chapter shall | 66556 |
| be deposited into the state treasury to the credit of the | 66557 |
| 66558 | |
| 121.084 of the Revised Code. | 66559 |
| Sec. 3714.07. (A)(1) For the purpose of assisting boards of | 66560 |
| health and the environmental protection agency in administering | 66561 |
| and enforcing this chapter and rules adopted under it, there is | 66562 |
| hereby levied on the disposal of construction and demolition | 66563 |
| debris at a construction and demolition debris facility that is | 66564 |
| licensed under this chapter or at a solid waste facility that is | 66565 |
| licensed under Chapter 3734. of the Revised Code a fee of thirty | 66566 |
| cents per cubic yard or sixty cents per ton, as applicable. | 66567 |
| (2) The owner or operator of a construction and demolition | 66568 |
| debris facility or a solid waste facility shall determine if cubic | 66569 |
| yards or tons will be used as the unit of measurement. In | 66570 |
| estimating the fee based on cubic yards, the owner or operator | 66571 |
| shall utilize either the maximum cubic yard capacity of the | 66572 |
| container, or the hauling volume of the vehicle, that transports | 66573 |
| the construction and demolition debris to the facility or the | 66574 |
| cubic yards actually logged for disposal by the owner or operator | 66575 |
| in accordance with rules adopted under section 3714.02 of the | 66576 |
| Revised Code. If basing the fee on tonnage, the owner or operator | 66577 |
| shall use certified scales to determine the tonnage of | 66578 |
| construction and demolition debris that is transported to the | 66579 |
| facility for disposal. | 66580 |
| (3) The owner or operator of a construction and demolition | 66581 |
| debris facility or a solid waste facility shall collect the fee | 66582 |
| levied under division (A) of this section as a trustee for the | 66583 |
| health district having jurisdiction over the facility, if that | 66584 |
| district is on the approved list under section 3714.09 of the | 66585 |
| Revised Code, or for the state. The owner or operator shall | 66586 |
| prepare and file with the appropriate board of health or the | 66587 |
| director of environmental protection monthly returns indicating | 66588 |
| the total volume or weight, as applicable, of construction and | 66589 |
| demolition debris received for disposal at the facility and the | 66590 |
| total amount of money required to be collected on the construction | 66591 |
| and demolition debris disposed of during that month. Not later | 66592 |
| than thirty days after the last day of the month to which the | 66593 |
| return applies, the owner or operator shall mail to the board of | 66594 |
| health or the director the return for that month together with the | 66595 |
| money required to be collected on the construction and demolition | 66596 |
| debris disposed of during that month or may submit the return and | 66597 |
| money electronically in a manner approved by the director. The | 66598 |
| owner or operator may request, in writing, an extension of not | 66599 |
| more than thirty days after the last day of the month to which the | 66600 |
| return applies. A request for extension may be denied. If the | 66601 |
| owner or operator submits the money late, the owner or operator | 66602 |
| shall pay a penalty of ten per cent of the amount of the money due | 66603 |
| for each month that it is late. | 66604 |
| (4) Of the money that is collected from a construction and | 66605 |
| demolition debris facility or a solid waste facility on a per | 66606 |
| cubic yard or per ton basis under this section, a board of health | 66607 |
| shall transmit three cents per cubic yard or six cents per ton, as | 66608 |
| applicable, to the director not later than forty-five days after | 66609 |
| the receipt of the money. The money retained by a board of health | 66610 |
| under this section shall be paid into a special fund, which is | 66611 |
| hereby created in each health district, and used solely to | 66612 |
| administer and enforce this chapter and rules adopted under it. | 66613 |
| The director shall transmit all money received from the | 66614 |
| boards of health of health districts under this section and all | 66615 |
| money from the disposal fee collected by the director under this | 66616 |
| section to the treasurer of state to be credited to the | 66617 |
| construction and demolition debris facility oversight fund, which | 66618 |
| is hereby created in the state treasury. The fund shall be | 66619 |
| administered by the director, and money credited to the fund shall | 66620 |
| be used exclusively for the administration and enforcement of this | 66621 |
| chapter and rules adopted under it. | 66622 |
| (B) The board of health of a health district or the director | 66623 |
| may enter into an agreement with the owner or operator of a | 66624 |
| construction and demolition debris facility or a solid waste | 66625 |
| facility for the quarterly payment of the money collected from the | 66626 |
| disposal fee. The board of health shall notify the director of any | 66627 |
| such agreement. Not later than forty-five days after receipt of | 66628 |
| the quarterly payment, the board of health shall transmit the | 66629 |
| amount established in division (A)(4) of this section to the | 66630 |
| director. The money retained by the board of health shall be | 66631 |
| deposited in the special fund of the district as required under | 66632 |
| that division. Upon receipt of the money from a board of health, | 66633 |
| the director shall transmit the money to the treasurer of state to | 66634 |
| be credited to the construction and demolition debris facility | 66635 |
| oversight fund. | 66636 |
| (C) If a construction and demolition debris facility or a | 66637 |
| solid waste facility is located within the territorial boundaries | 66638 |
| of a municipal corporation or the unincorporated area of a | 66639 |
| township, the municipal corporation or township may appropriate up | 66640 |
| to four cents per cubic yard or up to eight cents per ton of the | 66641 |
| disposal fee required to be paid by the facility under division | 66642 |
| (A) of this section for the same purposes that a municipal | 66643 |
| corporation or township may levy a fee under division (C) of | 66644 |
| section 3734.57 of the Revised Code. | 66645 |
| The legislative authority of the municipal corporation or | 66646 |
| township may appropriate the money from the fee by enacting an | 66647 |
| ordinance or adopting a resolution establishing the amount of the | 66648 |
| fee to be appropriated. Upon doing so, the legislative authority | 66649 |
| shall mail a certified copy of the ordinance or resolution to the | 66650 |
| board of health of the health district in which the construction | 66651 |
| and demolition debris facility or the solid waste facility is | 66652 |
| located or, if the facility is located in a health district that | 66653 |
| is not on the approved list under section 3714.09 of the Revised | 66654 |
| Code, to the director. Upon receipt of the copy of the ordinance | 66655 |
| or resolution and not later than forty-five days after receipt of | 66656 |
| money collected from the fee, the board or the director, as | 66657 |
| applicable, shall transmit to the treasurer or other appropriate | 66658 |
| officer of the municipal corporation or clerk of the township that | 66659 |
| portion of the money collected from the disposal fee by the owner | 66660 |
| or operator of the facility that is required by the ordinance or | 66661 |
| resolution to be paid to that municipal corporation or township. | 66662 |
| Money received by the treasurer or other appropriate officer | 66663 |
| of a municipal corporation under this division shall be paid into | 66664 |
| the general fund of the municipal corporation. Money received by | 66665 |
| the clerk of a township under this division shall be paid into the | 66666 |
| general fund of the township. The treasurer or other officer of | 66667 |
| the municipal corporation or the clerk of the township, as | 66668 |
| appropriate, shall maintain separate records of the money received | 66669 |
| under this division. | 66670 |
| The legislative authority of a municipal corporation or | 66671 |
| township may cease collecting money under this division by | 66672 |
| repealing the ordinance or resolution that was enacted or adopted | 66673 |
| under this division. | 66674 |
| The director shall adopt rules in accordance with Chapter | 66675 |
| 119. of the Revised Code establishing requirements for prorating | 66676 |
| the amount of the fee that may be appropriated under this division | 66677 |
| by a municipal corporation or township in which only a portion of | 66678 |
| a construction and demolition debris facility is located within | 66679 |
| the territorial boundaries of the municipal corporation or | 66680 |
| township. | 66681 |
| (D) The board of county commissioners of a county in which a | 66682 |
| construction and demolition debris facility or a solid waste | 66683 |
| facility is located may appropriate up to three cents per cubic | 66684 |
| yard or up to six cents per ton of the disposal fee required to be | 66685 |
| paid by the facility under division (A) of this section for the | 66686 |
| same purposes that a solid waste management district may levy a | 66687 |
| fee under division (B) of section 3734.57 of the Revised Code. | 66688 |
| The board of county commissioners may appropriate the money | 66689 |
| from the fee by adopting a resolution establishing the amount of | 66690 |
| the fee to be appropriated. Upon doing so, the board of county | 66691 |
| commissioners shall mail a certified copy of the resolution to the | 66692 |
| board of health of the health district in which the construction | 66693 |
| and demolition debris facility or the solid waste facility is | 66694 |
| located or, if the facility is located in a health district that | 66695 |
| is not on the approved list under section 3714.09 of the Revised | 66696 |
| Code, to the director. Upon receipt of the copy of the resolution | 66697 |
| and not later than forty-five days after receipt of money | 66698 |
| collected from the fee, the board of health or the director, as | 66699 |
| applicable, shall transmit to the treasurer of the county that | 66700 |
| portion of the money collected from the disposal fee by the owner | 66701 |
| or operator of the facility that is required by the resolution to | 66702 |
| be paid to that county. | 66703 |
| Money received by a county treasurer under this division | 66704 |
| shall be paid into the general fund of the county. The county | 66705 |
| treasurer shall maintain separate records of the money received | 66706 |
| under this division. | 66707 |
| A board of county commissioners may cease collecting money | 66708 |
| under this division by repealing the resolution that was adopted | 66709 |
| under this division. | 66710 |
| (E)(1) This section does not apply to the disposal of | 66711 |
| construction and demolition debris at a solid waste facility that | 66712 |
| is licensed under Chapter 3734. of the Revised Code if there is no | 66713 |
| construction and demolition debris facility licensed under this | 66714 |
| chapter within thirty-five miles of the solid waste facility as | 66715 |
| determined by a facility's property boundaries. | 66716 |
| (2) This section does not apply to the disposal of | 66717 |
| construction and demolition debris at a solid waste facility that | 66718 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 66719 |
| or operator of the facility chooses to collect fees on the | 66720 |
| disposal of the construction and demolition debris that are | 66721 |
| identical to the fees that are collected under Chapters 343. and | 66722 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 66723 |
| facility. | 66724 |
| (3) This section does not apply to the disposal of source | 66725 |
| separated materials that are exclusively composed of reinforced or | 66726 |
| nonreinforced concrete, asphalt, clay tile, building or paving | 66727 |
| brick, or building or paving stone at a construction and | 66728 |
| demolition debris facility that is licensed under this chapter | 66729 |
| when either of the following applies: | 66730 |
| (a) The materials are placed within the limits of | 66731 |
| construction and demolition debris placement at the facility as | 66732 |
| specified in the license issued to the facility under section | 66733 |
| 3714.06 of the Revised Code, are not placed within the unloading | 66734 |
| zone of the facility, and are used as a fire prevention measure in | 66735 |
| accordance with rules adopted by the director under section | 66736 |
| 3714.02 of the Revised Code. | 66737 |
| (b) The materials are not placed within the unloading zone of | 66738 |
| the facility or within the limits of construction and demolition | 66739 |
| debris placement at the facility as specified in the license | 66740 |
| issued to the facility under section 3714.06 of the Revised Code, | 66741 |
| but are used as fill material, either alone or in conjunction with | 66742 |
| clean soil, sand, gravel, or other clean aggregates, in legitimate | 66743 |
| fill operations for construction purposes at the facility or to | 66744 |
| bring the facility up to a consistent grade. | 66745 |
| (F) Notwithstanding any provision of law to the contrary, the | 66746 |
| fee levied under this section applies to the disposal of asbestos | 66747 |
| and asbestos-containing materials or products at a construction | 66748 |
| and demolition debris facility that is licensed under this | 66749 |
| chapter. | 66750 |
| Sec. 3714.073. (A) In addition to the fee levied under | 66751 |
| division (A)(1) of section 3714.07 of the Revised Code, beginning | 66752 |
|
July 1, | 66753 |
| construction and demolition debris at a construction and | 66754 |
| demolition debris facility that is licensed under this chapter or | 66755 |
| at a solid waste facility that is licensed under Chapter 3734. of | 66756 |
| the Revised Code the following fees: | 66757 |
| (1) A fee of | 66758 |
|
per cubic yard or | 66759 |
| as applicable, the proceeds of which shall be deposited in the | 66760 |
| state treasury to the credit of the soil and water conservation | 66761 |
| district assistance fund created in section 1515.14 of the Revised | 66762 |
| Code; | 66763 |
| (2) A fee of thirty-seven and one-half cents per cubic yard | 66764 |
| or seventy-five cents per ton, as applicable, the proceeds of | 66765 |
| which shall be deposited in the state treasury to the credit of | 66766 |
| the recycling and litter prevention fund created in section | 66767 |
| 1502.02 of the Revised Code. | 66768 |
| (B) The owner or operator of a construction and demolition | 66769 |
| debris facility or a solid waste facility, as a trustee of the | 66770 |
| state, shall collect the fees levied under this section and remit | 66771 |
| the money from the fees in the manner that is established in | 66772 |
| divisions (A)(2) and (3) of section 3714.07 of the Revised Code | 66773 |
| for the fee that is levied under division (A)(1) of that section | 66774 |
| and may enter into an agreement for the quarterly payment of the | 66775 |
| fees in the manner established in division (B) of that section for | 66776 |
| the quarterly payment of the fee that is levied under division | 66777 |
| (A)(1) of that section. | 66778 |
| (C) The money that is collected from a construction and | 66779 |
| demolition debris facility or a solid waste facility and remitted | 66780 |
| to a board of health or the director of environmental protection, | 66781 |
| as applicable, pursuant to this section shall be transmitted by | 66782 |
| the board or director to the treasurer of state not later than | 66783 |
| forty-five days after the receipt of the money to be credited to | 66784 |
| the soil and water conservation district assistance fund or the | 66785 |
| recycling and litter prevention fund, as applicable. | 66786 |
| (D) This section does not apply to the disposal of | 66787 |
| construction and demolition debris at a solid waste facility that | 66788 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 66789 |
| or operator of the facility chooses to collect fees on the | 66790 |
| disposal of the construction and demolition debris that are | 66791 |
| identical to the fees that are collected under Chapters 343. and | 66792 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 66793 |
| facility. | 66794 |
| (E) This section does not apply to the disposal of source | 66795 |
| separated materials that are exclusively composed of reinforced or | 66796 |
| nonreinforced concrete, asphalt, clay tile, building or paving | 66797 |
| brick, or building or paving stone at a construction and | 66798 |
| demolition debris facility that is licensed under this chapter | 66799 |
| when either of the following applies: | 66800 |
| (1) The materials are placed within the limits of | 66801 |
| construction and demolition debris placement at the facility as | 66802 |
| specified in the license issued to the facility under section | 66803 |
| 3714.06 of the Revised Code, are not placed within the unloading | 66804 |
| zone of the facility, and are used as a fire prevention measure in | 66805 |
| accordance with rules adopted by the director under section | 66806 |
| 3714.02 of the Revised Code. | 66807 |
| (2) The materials are not placed within the unloading zone of | 66808 |
| the facility or within the limits of construction and demolition | 66809 |
| debris placement at the facility as specified in the license | 66810 |
| issued to the facility under section 3714.06 of the Revised Code, | 66811 |
| but are used as fill material, either alone or in conjunction with | 66812 |
| clean soil, sand, gravel, or other clean aggregates, in legitimate | 66813 |
| fill operations for construction purposes at the facility or to | 66814 |
| bring the facility up to a consistent grade. | 66815 |
| (F) Notwithstanding any provision of law to the contrary, the | 66816 |
| fees levied under this section apply to the disposal of asbestos | 66817 |
| and asbestos-containing materials or products at a construction | 66818 |
| and demolition debris facility that is licensed under this | 66819 |
| chapter. | 66820 |
| Sec. 3715.041. (A)(1) As used in this section, "food | 66821 |
| processing establishment" has the same meaning as in section | 66822 |
| 3715.021 of the Revised Code. | 66823 |
| (2) A person that operates a food processing establishment | 66824 |
| shall register the establishment annually with the director of | 66825 |
| agriculture. The person shall submit an application for | 66826 |
| registration or renewal on a form prescribed and provided by the | 66827 |
| director. Except as provided in division (H) of this section, an | 66828 |
| application for registration or renewal shall be accompanied by a | 66829 |
| registration fee in an amount established in rules adopted under | 66830 |
| this section. If a person files an application for registration on | 66831 |
| or after the first day of August of any year, the fee shall be | 66832 |
| one-half of the annual registration fee. | 66833 |
| (B)(1) The director shall inspect the food processing | 66834 |
| establishment for which an application for initial registration | 66835 |
| has been submitted. If, upon inspection, the director finds that | 66836 |
| the establishment is in compliance with this section and section | 66837 |
| 3715.021 or 3715.60, applicable provisions of section 3715.52, or | 66838 |
| Chapter 911., 913., 915., or 925. of the Revised Code, as | 66839 |
| applicable, or applicable rules adopted under those sections or | 66840 |
| chapters, the director shall issue a certificate of registration | 66841 |
| to the food processing establishment. A food processing | 66842 |
| establishment registration expires on the thirty-first day of | 66843 |
| January and is valid until that date unless it is suspended or | 66844 |
| revoked under this section. | 66845 |
| (2) A person that is operating a food processing | 66846 |
| establishment on the effective date of this section shall apply to | 66847 |
| the director for a certificate of registration not later than | 66848 |
| ninety days after the effective date of this section. If an | 66849 |
| application is not filed with the director or postmarked on or | 66850 |
| before ninety days after the effective date of this section, the | 66851 |
| director shall assess a late fee in an amount established in rules | 66852 |
| adopted under this section. | 66853 |
| (C)(1) A food processing establishment registration may be | 66854 |
| renewed by the director. A person seeking registration renewal | 66855 |
| shall submit an application for renewal to the director not later | 66856 |
| than the thirty-first day of January. The director shall issue a | 66857 |
| renewed certificate of registration on receipt of a complete | 66858 |
| renewal application except as provided in division (C)(2) of this | 66859 |
| section. | 66860 |
| (2) If a renewal application is not filed with the director | 66861 |
| or postmarked on or before the thirty-first day of January, the | 66862 |
| director shall assess a late fee in an amount established in rules | 66863 |
| adopted under this section. The director shall not renew the | 66864 |
| registration until the applicant pays the late fee. | 66865 |
| (D) A copy of the food processing establishment registration | 66866 |
| certificate shall be conspicuously displayed in an area of the | 66867 |
| establishment to which customers of the establishment have | 66868 |
| access. | 66869 |
| (E) Except for a food processing establishment that is | 66870 |
| operating in a home prior to the effective date of this section, | 66871 |
| no food processing establishment shall be operated in a home. If a | 66872 |
| food processing establishment that is operating in a home prior to | 66873 |
| the effective date of this section increases its existing | 66874 |
| operating capacity or transfers ownership, the person operating | 66875 |
| the food processing establishment or to whom ownership of the | 66876 |
| establishment will be transferred shall apply for a food | 66877 |
| processing establishment registration under this section. | 66878 |
| (F)(1) The director or the director's designee may issue an | 66879 |
| order suspending or revoking a food processing establishment | 66880 |
| registration upon determining that the registration holder is in | 66881 |
| violation of this section or section 3715.021 or 3715.60, | 66882 |
| applicable provisions of section 3715.52, or Chapter 911., 913., | 66883 |
| 915., or 925. of the Revised Code, as applicable, or applicable | 66884 |
| rules adopted under those sections or chapters. Except as provided | 66885 |
| in division (F)(2) of this section, a registration shall not be | 66886 |
| suspended or revoked until the registration holder is provided an | 66887 |
| opportunity to appeal the suspension or revocation in accordance | 66888 |
| with Chapter 119. of the Revised Code. | 66889 |
| (2) If the director determines that a food processing | 66890 |
| establishment presents an immediate danger to the public health, | 66891 |
| the director may issue an order immediately suspending the | 66892 |
| establishment's registration without affording the registration | 66893 |
| holder an opportunity for a hearing. The director then shall | 66894 |
| afford the registration holder a hearing in accordance with | 66895 |
| Chapter 119. of the Revised Code not later than ten days after the | 66896 |
| date of suspension. | 66897 |
| (G) The director shall adopt rules in accordance with Chapter | 66898 |
| 119. of the Revised Code that establish all of the following: | 66899 |
| (1) The amount of the registration fee that must be submitted | 66900 |
| with an application for a food processing establishment | 66901 |
| registration and with an application for renewal; | 66902 |
| (2) The amount of the late fee that is required in division | 66903 |
| (B)(2) of this section; | 66904 |
| (3) The amount of the fee for the late renewal of a food | 66905 |
| processing establishment registration that is required in division | 66906 |
| (C)(2) of this section; | 66907 |
| (4) Any other procedures and requirements that are necessary | 66908 |
| to administer and enforce this section. | 66909 |
| (H) The following are not required to pay any registration | 66910 |
| fee that is otherwise required in this section: | 66911 |
| (1) Home bakeries registered under section 911.02 of the | 66912 |
| Revised Code; | 66913 |
| (2) Canneries licensed under section 913.02 of the Revised | 66914 |
| Code; | 66915 |
| (3) Soft drink plants licensed under section 913.23 of the | 66916 |
| Revised Code; | 66917 |
| (4) Cold-storage warehouses licensed under section 915.02 of | 66918 |
| the Revised Code; | 66919 |
| (5) Persons licensed under section 915.15 of the Revised | 66920 |
| Code; | 66921 |
| (6) Persons that are engaged in egg production and that | 66922 |
| maintain annually five hundred or fewer laying hens. | 66923 |
| (J) All money that is collected under this section shall be | 66924 |
| credited to the food safety fund created in section 915.24 of the | 66925 |
| Revised Code. | 66926 |
| Sec. 3717.07. (A) For purposes of establishing a licensing | 66927 |
| fee under sections 3717.25 and 3717.45 of the Revised Code, all of | 66928 |
| the following apply: | 66929 |
| (1) The director of
agriculture | 66930 |
|
shall adopt
rules establishing a
uniform | 66931 |
| for use in calculating the costs of licensing retail food | 66932 |
|
establishments in the
categories specified by the
director | 66933 |
| (2) The public health council shall adopt rules establishing | 66934 |
| a uniform methodology for use in calculating the costs of | 66935 |
| licensing food service operations in the categories specified by | 66936 |
|
the
council. | 66937 |
| (3) In adopting the rules, the director of agriculture and | 66938 |
| the public health council shall consider any recommendations | 66939 |
| received from advisory boards or other entities representing the | 66940 |
| interests of retail food establishments and food service | 66941 |
| operations. | 66942 |
| (B) The rules shall include provisions that do all of the | 66943 |
| following: | 66944 |
| (1) Provide for calculations to be made according to fiscal | 66945 |
| years rather than licensing periods; | 66946 |
| (2) Limit the direct costs that may be attributed to the use | 66947 |
| of sanitarians by establishing appropriate statewide averages that | 66948 |
| may not be exceeded; | 66949 |
| (3) Limit the indirect costs that may be included in the | 66950 |
| calculation of fees to an amount that does not exceed thirty per | 66951 |
| cent of the cost of the licensing program; | 66952 |
| (4) Provide for a proportionate reduction in the fees to be | 66953 |
| charged if a licensor included anticipated costs in the | 66954 |
| immediately preceding calculation of licensing fees and the total | 66955 |
| amount of the anticipated costs was not incurred; | 66956 |
| (5) Provide for a proportionate reduction in the fees to be | 66957 |
| charged if it is discovered through an audit by the auditor of | 66958 |
| state or through any other means that the licensor has charged or | 66959 |
| is charging a licensing fee that exceeds the amount that should | 66960 |
| have been charged; | 66961 |
| (6) Provide for a twenty per cent reduction in the fees to be | 66962 |
| charged when the reduction is imposed as a penalty under division | 66963 |
| (C) of section 3717.071 of the Revised Code; | 66964 |
| (7) With regard to any fees charged for licensing vending | 66965 |
| machine locations, the rules shall prohibit a licensor from | 66966 |
| increasing fees by a percentage of increase over the previous | 66967 |
| year's fee that exceeds the percentage of increase in the consumer | 66968 |
| price index for all urban consumers (United States city average, | 66969 |
| all items), prepared by the United States department of labor, | 66970 |
| bureau of labor statistics, for the immediately preceding calendar | 66971 |
| year. | 66972 |
| Sec. 3717.23. (A) Each person or government entity seeking a | 66973 |
| retail food establishment license or the renewal of a license | 66974 |
| shall apply to the appropriate licensor on a form provided by the | 66975 |
| licensor. A licensor shall use a form prescribed and furnished to | 66976 |
| the licensor by the director of agriculture or a form prescribed | 66977 |
| by the licensor that has been approved by the director. The | 66978 |
| applicant shall include with the application all information | 66979 |
| necessary for the licensor to process the application, as | 66980 |
| requested by the licensor. | 66981 |
| An application for a retail food establishment license, other | 66982 |
| than an application for a mobile retail food establishment | 66983 |
| license, shall be submitted to the licensor for the health | 66984 |
| district in which the retail food establishment is located. An | 66985 |
| application for a mobile retail food establishment license shall | 66986 |
| be submitted to the licensor for the health district in which the | 66987 |
| applicant's business headquarters are located, or, if the | 66988 |
| headquarters are located outside this state, to the licensor for | 66989 |
| the district where the applicant will first operate in this state. | 66990 |
| (B) The licensor shall review all applications received. The | 66991 |
| licensor shall issue a license for a new retail food establishment | 66992 |
| when the applicant submits a complete application and the licensor | 66993 |
| determines that the applicant meets all other requirements of this | 66994 |
| chapter and the rules adopted under it for receiving the license. | 66995 |
| The licensor shall issue a renewed license on receipt of a | 66996 |
| complete renewal application. | 66997 |
| The licensor shall issue licenses for retail food | 66998 |
| establishments on forms prescribed and furnished by the director | 66999 |
| of agriculture. If the license is for a mobile retail food | 67000 |
| establishment, the licensor shall post the establishment's layout, | 67001 |
| equipment, and items to be sold on the back of the license. | 67002 |
| A mobile retail food establishment license issued by one | 67003 |
| licensor shall be recognized by all other licensors in this state. | 67004 |
| (C)(1) A retail food establishment license expires at the end | 67005 |
| of the licensing period for which the license is issued, except as | 67006 |
| follows: | 67007 |
| (a) A license issued to a new retail food establishment after | 67008 |
| the first day of December does not expire until the end of the | 67009 |
| licensing period next succeeding issuance of the license. | 67010 |
| (b) A temporary retail food establishment license expires at | 67011 |
| the end of the period for which it is issued. | 67012 |
| (2) All retail food establishment licenses remain valid until | 67013 |
| scheduled to expire unless earlier suspended or revoked under | 67014 |
| section 3717.29 or 3717.30 of the Revised Code. | 67015 |
| (D) A retail food establishment license may be renewed, | 67016 |
| except that a temporary retail food establishment license is not | 67017 |
| renewable. A person or government entity seeking license renewal | 67018 |
| shall submit an application for renewal to the licensor not later | 67019 |
| than the first day of March, except in the case of a mobile or | 67020 |
| seasonal retail food establishment, when the renewal application | 67021 |
| shall be submitted before commencing operation in a new licensing | 67022 |
| period. A licensor may renew a license prior to the first day of | 67023 |
| March or the first day of operation in a new licensing period, but | 67024 |
| not before the first day of February immediately preceding the | 67025 |
| licensing period for which the license is being renewed. | 67026 |
| If a person or government entity does not file a renewal | 67027 |
| application with the licensor postmarked on or before the first | 67028 |
| day of March or, in the case of a mobile or seasonal retail food | 67029 |
| establishment, the first day of operation in a new licensing | 67030 |
| period, the licensor shall assess a penalty if the licensor | 67031 |
| charges a license renewal fee. The amount of the penalty shall be | 67032 |
|
the | 67033 |
|
the renewal fee | 67034 |
| 67035 | |
| by the number of weeks that have elapsed since payment of the fee | 67036 |
| was due. If an applicant is subject to a penalty, the licensor | 67037 |
| shall not renew the license until the applicant pays the penalty. | 67038 |
| (E)(1) A licensor may issue not more than ten temporary | 67039 |
| retail food establishment licenses per licensing period to the | 67040 |
| same person or government entity to operate at different events | 67041 |
| within the licensor's jurisdiction. For each particular event, a | 67042 |
| licensor may issue only one temporary retail food establishment | 67043 |
| license to the same person or government entity. | 67044 |
| (2) A licensor may issue a temporary retail food | 67045 |
| establishment license to operate for more than five consecutive | 67046 |
| days if both of the following apply: | 67047 |
| (a) The establishment will be operated at an event organized | 67048 |
| by a county agricultural society or independent agricultural | 67049 |
| society organized under Chapter 1711. of the Revised Code. | 67050 |
| (b) The person who will receive the license is a resident of | 67051 |
| the county or one of the counties for which the agricultural | 67052 |
| society was organized. | 67053 |
| (3) A person may be granted only one temporary retail food | 67054 |
| establishment license per licensing period pursuant to division | 67055 |
| (E)(2) of this section. | 67056 |
| (F) The licensor may place restrictions or conditions on a | 67057 |
| retail food establishment license, based on the equipment or | 67058 |
| facilities of the establishment, limiting the types of food that | 67059 |
| may be stored, processed, prepared, manufactured, or otherwise | 67060 |
| held or handled for retail sale. Limitations pertaining to a | 67061 |
| mobile retail food establishment shall be posted on the back of | 67062 |
| the license. | 67063 |
| (G) The person or government entity holding a license for a | 67064 |
| retail food establishment shall display the license for that | 67065 |
| retail food establishment at all times at the licensed location. | 67066 |
| (H) With the assistance of the department of agriculture, the | 67067 |
| licensor, to the extent practicable, shall computerize the process | 67068 |
| for licensing retail food establishments. | 67069 |
| Sec. 3717.25. (A) A licensor may charge fees for issuing and | 67070 |
| renewing retail food establishment licenses. Any licensing fee | 67071 |
| charged shall be used solely for the administration and | 67072 |
| enforcement of the provisions of this chapter and the rules | 67073 |
| adopted under it applicable to retail food establishments. | 67074 |
| Any licensing fee charged under this section shall be based | 67075 |
| on the licensor's costs of regulating retail food establishments, | 67076 |
|
as
determined according to the uniform
| 67077 |
| established under section 3717.07 of the Revised Code. If the | 67078 |
| licensor is a board of health, a fee may be disapproved by the | 67079 |
| district advisory council in the case of a general health district | 67080 |
| or the legislative authority of the city in the case of a city | 67081 |
| health district. A disapproved fee shall not be charged by the | 67082 |
| board of health. | 67083 |
| | 67084 |
| licensing fee is established as an emergency measure, the licensor | 67085 |
|
shall hold a
public hearing regarding the proposed
fee. | 67086 |
|
public hearing is held, at least | 67087 |
|
public hearing | 67088 |
| hearing to each person or government entity holding a retail food | 67089 |
| establishment license that may be affected by the proposed fee. | 67090 |
| The notice shall be mailed to the last known address of the | 67091 |
| licensee and shall specify the date, time, and place of the | 67092 |
| hearing and the amount of the proposed fee. On request, the | 67093 |
| licensor shall provide the completed uniform methodology used in | 67094 |
| the calculation of the licensor's costs and the proposed fee. | 67095 |
| (B) In addition to licensing fees, a licensor may charge fees | 67096 |
| for any of the following: | 67097 |
| (1) Review of facility layout and equipment specifications | 67098 |
| pertaining to retail food establishments, other than mobile and | 67099 |
| temporary retail food establishments; | 67100 |
| (2) Any necessary collection and bacteriological examination | 67101 |
| of samples from retail food establishments or similar services | 67102 |
| specified in rules adopted under this chapter by the director of | 67103 |
| agriculture; | 67104 |
| (3) Attendance at a course of study offered by the licensor | 67105 |
| in food protection as it pertains to retail food establishments, | 67106 |
| if the course is approved under section 3717.09 of the Revised | 67107 |
| Code. | 67108 |
| (C)(1) The director may determine by rule an amount to be | 67109 |
| collected from applicants for retail food establishment licenses | 67110 |
| for use by the director in administering and enforcing the | 67111 |
| provisions of this chapter and the rules adopted under it | 67112 |
| applicable to retail food establishments. Licensors shall collect | 67113 |
| the amount prior to issuing an applicant's new or renewed license. | 67114 |
| If a licensing fee is charged under this section, the licensor | 67115 |
| shall collect the amount at the same time the fee is collected. | 67116 |
| Licensors are not required to provide notice or hold public | 67117 |
|
hearings regarding amounts to be collected | 67118 |
| | 67119 |
| 67120 |
| (2) A licensor shall certify the
amount
collected under | 67121 |
| division (C)(1) of this section and transmit the amount to the | 67122 |
|
treasurer of state | 67123 |
| (a) For amounts received by the licensor on or after the | 67124 |
| first day of January but not later than the thirty-first day of | 67125 |
| March, transmit the amounts not later than the fifteenth day of | 67126 |
| May; | 67127 |
| (b) For amounts received by the licensor on or after the | 67128 |
| first day of April but not later than the thirtieth day of June, | 67129 |
| transmit the amounts not later than the fifteenth day of August; | 67130 |
| (c) For amounts received by the licensor on or after the | 67131 |
| first day of July but not later than the thirtieth day of | 67132 |
| September, transmit the amounts not later than the fifteenth day | 67133 |
| of November; | 67134 |
| (d) For amounts received by the licensor on or after the | 67135 |
| first day of October but not later than the thirty-first day of | 67136 |
| December, transmit the amounts not later than the fifteenth day of | 67137 |
| February of the following year. | 67138 |
| (3) All amounts received shall be deposited into the food | 67139 |
| safety fund created in section 915.24 of the Revised Code. The | 67140 |
| director shall use the amounts solely for the administration and | 67141 |
| enforcement of the provisions of this chapter and the rules | 67142 |
| adopted under it applicable to retail food establishments. | 67143 |
| (4) When adopting rules regarding the amounts collected under | 67144 |
| this division, the director shall make available during the rule | 67145 |
| making process the current and projected expenses of administering | 67146 |
| and enforcing the provisions of this chapter and the rules adopted | 67147 |
| under it applicable to retail food establishments and the total of | 67148 |
| all amounts that have been deposited in the food safety fund | 67149 |
|
pursuant to | 67150 |
| Sec. 3717.43. (A) Each person or government entity | 67151 |
| requesting a food service operation license or the renewal of a | 67152 |
| license shall apply to the appropriate licensor on a form provided | 67153 |
| by the licensor. Licensors shall use a form prescribed and | 67154 |
| furnished to the licensor by the director of health or a form | 67155 |
| prescribed by the licensor that has been approved by the director. | 67156 |
| The applicant shall include with the application all information | 67157 |
| necessary for the licensor to process the application, as | 67158 |
| requested by the licensor. | 67159 |
| An application for a food service operation license, other | 67160 |
| than an application for a mobile or catering food service | 67161 |
| operation license, shall be submitted to the licensor for the | 67162 |
| health district in which the food service operation is located. An | 67163 |
| application for a mobile food service operation license shall be | 67164 |
| submitted to the licensor for the health district in which the | 67165 |
| applicant's business headquarters are located, or, if the | 67166 |
| headquarters are located outside this state, to the licensor for | 67167 |
| the district where the applicant will first operate in this state. | 67168 |
| An application for a catering food service operation license shall | 67169 |
| be submitted to the licensor for the district where the | 67170 |
| applicant's base of operation is located. | 67171 |
| (B) The licensor shall review all applications received. The | 67172 |
| licensor shall issue a license for a new food service operation | 67173 |
| when the applicant submits a complete application and the licensor | 67174 |
| determines that the applicant meets all other requirements of this | 67175 |
| chapter and the rules adopted under it for receiving the license. | 67176 |
| The licensor shall issue a renewed license on receipt of a | 67177 |
| complete renewal application. | 67178 |
| The licensor shall issue licenses for food service operations | 67179 |
| on forms prescribed and furnished by the director of health. If | 67180 |
| the license is for a mobile food service operation, the licensor | 67181 |
| shall post the operation's layout, equipment, and menu on the back | 67182 |
| of the license. | 67183 |
| A mobile or catering food service operation license issued by | 67184 |
| one licensor shall be recognized by all other licensors in this | 67185 |
| state. | 67186 |
| (C)(1) A food service operation license expires at the end of | 67187 |
| the licensing period for which the license is issued, except as | 67188 |
| follows: | 67189 |
| (a) A license issued to a new food service operation after | 67190 |
| the first day of December shall not expire until the end of the | 67191 |
| licensing period next succeeding issuance of the license. | 67192 |
| (b) A temporary food service operation license expires at the | 67193 |
| end of the period for which it is issued. | 67194 |
| (2) All food service operation licenses remain valid until | 67195 |
| they are scheduled to expire unless earlier suspended or revoked | 67196 |
| under section 3717.49 of the Revised Code. | 67197 |
| (D) A food service operation license may be renewed, except | 67198 |
| that a temporary food service operation license is not renewable. | 67199 |
| A person or government entity seeking license renewal shall submit | 67200 |
| an application for renewal to the licensor not later than the | 67201 |
| first day of March, except that in the case of a mobile or | 67202 |
| seasonal food service operation the renewal application shall be | 67203 |
| submitted before commencing operation in a new licensing period. A | 67204 |
| licensor may renew a license prior to the first day of March or | 67205 |
| the first day of operation in a new licensing period, but not | 67206 |
| before the first day of February immediately preceding the | 67207 |
| licensing period for which the license is being renewed. | 67208 |
| If a renewal application is not filed with the licensor or | 67209 |
| postmarked on or before the first day of March or, in the case of | 67210 |
| a mobile or seasonal food service operation, the first day of | 67211 |
| operation in a new licensing period, the licensor shall assess a | 67212 |
| penalty if the licensor charges a license renewal fee. The amount | 67213 |
|
of the penalty shall be the | 67214 |
|
twenty-five per cent of the renewal fee | 67215 |
| 67216 | |
| the renewal fee multiplied by the number of weeks that have | 67217 |
| elapsed since payment of the fee was due. If an applicant is | 67218 |
| subject to a penalty, the licensor shall not renew the license | 67219 |
| until the applicant pays the penalty. | 67220 |
| (E)(1) A licensor may issue not more than ten temporary food | 67221 |
| service operation licenses per licensing period to the same person | 67222 |
| or government entity to operate at different events within the | 67223 |
| licensor's jurisdiction. For each particular event, a licensor may | 67224 |
| issue only one temporary food service operation license to the | 67225 |
| same person or government entity. | 67226 |
| (2) A licensor may issue a temporary food service operation | 67227 |
| license to operate for more than five consecutive days if both of | 67228 |
| the following apply: | 67229 |
| (a) The operation will be operated at an event organized by a | 67230 |
| county agricultural society or independent agricultural society | 67231 |
| organized under Chapter 1711. of the Revised Code; | 67232 |
| (b) The person who will receive the license is a resident of | 67233 |
| the county or one of the counties for which the agricultural | 67234 |
| society was organized. | 67235 |
| (3) A person may be granted only one temporary food service | 67236 |
| operation license per licensing period pursuant to division (E)(2) | 67237 |
| of this section. | 67238 |
| (F) The licensor may place restrictions or conditions on a | 67239 |
| food service operation license limiting the types of food that may | 67240 |
| be prepared or served by the food service operation based on the | 67241 |
| equipment or facilities of the food service operation. Limitations | 67242 |
| pertaining to a mobile or catering food service operation shall be | 67243 |
| posted on the back of the license. | 67244 |
| (G) The person or government entity holding a license for a | 67245 |
| food service operation shall display the license for that food | 67246 |
| service operation at all times at the licensed location. A person | 67247 |
| or government entity holding a catering food service operation | 67248 |
| license shall also maintain a copy of the license at each catered | 67249 |
| event. | 67250 |
| (H) With the assistance of the department of health, the | 67251 |
| licensor, to the extent practicable, shall computerize the process | 67252 |
| for licensing food service operations. | 67253 |
| Sec. 3717.45. (A) A licensor may charge fees for issuing and | 67254 |
| renewing food service operation licenses. Any licensing fee | 67255 |
| charged shall be used solely for the administration and | 67256 |
| enforcement of the provisions of this chapter and the rules | 67257 |
| adopted under it applicable to food service operations. | 67258 |
| Any licensing fee charged under this section shall be based | 67259 |
| on the licensor's costs of regulating food service operations, as | 67260 |
|
determined according to the uniform | 67261 |
| established under section 3717.07 of the Revised Code. If the | 67262 |
| licensor is a board of health, a fee may be disapproved by the | 67263 |
| district advisory council in the case of a general health district | 67264 |
| or the legislative authority of the city in the case of a city | 67265 |
| health district. A disapproved fee shall not be charged by the | 67266 |
| board of health. | 67267 |
| | 67268 |
| licensing fee is established as an emergency measure, the licensor | 67269 |
|
shall hold a public hearing regarding the
proposed fee. | 67270 |
|
public hearing is held, at least | 67271 |
| public hearing, the licensor shall give written notice of the | 67272 |
| hearing to each person or government entity holding a food service | 67273 |
| operation license that may be affected by the proposed fee. The | 67274 |
| notice shall be mailed to the last known address of the licensee | 67275 |
| and shall specify the date, time, and place of the hearing and the | 67276 |
| amount of the proposed fee. On request, the licensor shall provide | 67277 |
| the completed uniform methodology used in the calculation of the | 67278 |
| licensor's costs and the proposed fee. | 67279 |
| (B) In addition to licensing fees, a licensor may charge fees | 67280 |
| for the following: | 67281 |
| (1) Review of facility layout and equipment specifications | 67282 |
| pertaining to food service operations, other than mobile and | 67283 |
| temporary food service operations, or similar reviews conducted | 67284 |
| for vending machine locations; | 67285 |
| (2) Any necessary collection and bacteriological examination | 67286 |
| of samples from food service operations, or similar services | 67287 |
| specified in rules adopted under this chapter by the public health | 67288 |
| council; | 67289 |
| (3) Attendance at a course of study offered by the licensor | 67290 |
| in food protection as it pertains to food service operations, if | 67291 |
| the course is approved under section 3717.09 of the Revised Code. | 67292 |
| (C)(1) The public health council may determine by rule an | 67293 |
| amount to be collected from applicants for food service operation | 67294 |
| licenses for use by the director of health in administering and | 67295 |
| enforcing the provisions of this chapter and the rules adopted | 67296 |
| under it applicable to food service operations. Licensors shall | 67297 |
| collect the amount prior to issuing an applicant's new or renewed | 67298 |
| license. If a licensing fee is charged under this section, the | 67299 |
| licensor shall collect the amount at the same time the fee is | 67300 |
| collected. Licensors are not required to provide notice or hold | 67301 |
|
public hearings regarding amounts to be collected | 67302 |
| 67303 |
| | 67304 |
| 67305 |
| (2) A licensor shall certify the
amount collected under | 67306 |
| division (C)(1) of this section and transmit the amount to the | 67307 |
|
treasurer of state | 67308 |
| (a) For amounts received by the licensor on or after the | 67309 |
| first day of January but not later than the thirty-first day of | 67310 |
| March, transmit the amounts not later than the fifteenth day of | 67311 |
| May; | 67312 |
| (b) For amounts received by the licensor on or after the | 67313 |
| first day of April but not later than the thirtieth day of June, | 67314 |
| transmit the amounts not later than the fifteenth day of August; | 67315 |
| (c) For amounts received by the licensor on or after the | 67316 |
| first day of July but not later than the thirtieth day of | 67317 |
| September, transmit the amounts not later than the fifteenth day | 67318 |
| of November; | 67319 |
| (d) For amounts received by the licensor on or after the | 67320 |
| first day of October but not later than the thirty-first day of | 67321 |
| December, transmit the amounts not later than the fifteenth day of | 67322 |
| February of the following year. | 67323 |
| (3) All amounts received shall be deposited into the general | 67324 |
| operations fund created in section 3701.83 of the Revised Code. | 67325 |
| The director shall use the amounts solely for the administration | 67326 |
| and enforcement of the provisions of this chapter and the rules | 67327 |
| adopted under it applicable to food service operations. | 67328 |
| (4) The director may submit recommendations to the public | 67329 |
| health council regarding the amounts collected under this | 67330 |
| division. When making recommendations, the director shall submit a | 67331 |
| report stating the current and projected expenses of administering | 67332 |
| and enforcing the provisions of this chapter and the rules adopted | 67333 |
| under it applicable to food service operations and the total of | 67334 |
| all amounts that have been deposited in the general operations | 67335 |
|
fund pursuant to | 67336 |
| director may include in the report any recommendations for | 67337 |
| modifying the department's administration and enforcement of the | 67338 |
| provisions of this chapter and the rules adopted under it | 67339 |
| applicable to food service operations. | 67340 |
| Sec. 3718.03. (A) There is hereby created the sewage | 67341 |
| treatment system technical advisory committee consisting of the | 67342 |
| director of health or the director's designee and ten members who | 67343 |
| are knowledgeable about sewage treatment systems and technologies. | 67344 |
| Of the ten members, four shall be appointed by the governor, | 67345 |
| three shall be appointed by the president of the senate, and | 67346 |
| three shall be appointed by the speaker of the house of | 67347 |
| representatives. | 67348 |
| (1) Of the members appointed by the governor, one shall | 67349 |
| represent academia, one shall be a representative of the public | 67350 |
| who is not employed by the state or any of its political | 67351 |
| subdivisions and who does not have a pecuniary interest in | 67352 |
| household sewage treatment systems, one shall be an engineer from | 67353 |
| the environmental protection agency, and one shall be selected | 67354 |
| from among soil scientists in the division of soil and water | 67355 |
| 67356 |
| (2) Of the members appointed by the president of the senate, | 67357 |
| one shall be a health commissioner who is a member of and | 67358 |
| recommended by the association of Ohio health commissioners, one | 67359 |
| shall represent the interests of manufacturers of household sewage | 67360 |
| treatment systems, and one shall represent installers and service | 67361 |
| providers. | 67362 |
| (3) Of the members appointed by the speaker of the house of | 67363 |
| representatives, one shall be a health commissioner who is a | 67364 |
| member of and recommended by the association of Ohio health | 67365 |
| commissioners, one shall represent the interests of manufacturers | 67366 |
| of household sewage treatment systems, and one shall be a | 67367 |
| sanitarian who is registered under Chapter 4736. of the Revised | 67368 |
| Code and who is a member of the Ohio environmental health | 67369 |
| association. | 67370 |
| (B) Terms of members appointed to the committee shall be for | 67371 |
| three years, with each term ending on the same day of the same | 67372 |
| month as did the term that it succeeds. Each member shall serve | 67373 |
| from the date of appointment until the end of the term for which | 67374 |
| the member was appointed. | 67375 |
| Members may be reappointed. Vacancies shall be filled in the | 67376 |
| same manner as provided for original appointments. Any member | 67377 |
| appointed to fill a vacancy occurring prior to the expiration date | 67378 |
| of the term for which the member was appointed shall hold office | 67379 |
| for the remainder of that term. A member shall continue to serve | 67380 |
| after the expiration date of the member's term until the member's | 67381 |
| successor is appointed or until a period of sixty days has | 67382 |
| elapsed, whichever occurs first. The applicable appointing | 67383 |
| authority may remove a member from the committee for failure to | 67384 |
| attend two consecutive meetings without showing good cause for | 67385 |
| the absences. | 67386 |
| (C) The technical advisory committee annually shall select | 67387 |
| from among its members a chairperson and a vice-chairperson and a | 67388 |
| secretary to keep a record of its proceedings. A majority vote of | 67389 |
| the members of the full committee is necessary to take action on | 67390 |
| any matter. The committee may adopt bylaws governing its | 67391 |
| operation, including bylaws that establish the frequency of | 67392 |
| meetings. | 67393 |
| (D) Serving as a member of the sewage treatment system | 67394 |
| technical advisory committee does not constitute holding a public | 67395 |
| office or position of employment under the laws of this state and | 67396 |
| does not constitute grounds for removal of public officers or | 67397 |
| employees from their offices or positions of employment. Members | 67398 |
| of the committee shall serve without compensation for attending | 67399 |
| committee meetings. | 67400 |
| (E) A member of the committee shall not have a conflict of | 67401 |
| interest with the position. For the purposes of this division, | 67402 |
| "conflict of interest" means the taking of any action that | 67403 |
| violates any provision of Chapter 102. or 2921. of the Revised | 67404 |
| Code. | 67405 |
| (F) The sewage treatment system technical advisory committee | 67406 |
| shall do all of the following: | 67407 |
| (1) Develop with the department of health standards and | 67408 |
| guidelines for approving or disapproving a sewage treatment | 67409 |
| system or components of a system under section 3718.04 of the | 67410 |
| Revised Code; | 67411 |
| (2) Develop with the department an application form to be | 67412 |
| submitted to the director by an applicant for approval or | 67413 |
| disapproval of a sewage treatment system or components of a system | 67414 |
| and specify the information that must be included with an | 67415 |
| application form; | 67416 |
| (3) Advise the director on the approval or disapproval of an | 67417 |
| application sent to the director under section 3718.04 of the | 67418 |
| Revised Code requesting approval of a sewage treatment system or | 67419 |
| components of a system; | 67420 |
| (4) Pursue and recruit in an active manner the research, | 67421 |
| development, introduction, and timely approval of innovative and | 67422 |
| cost-effective household sewage treatment systems and components | 67423 |
| of a system for use in this state, which shall include conducting | 67424 |
| pilot projects to assess the effectiveness of a system or | 67425 |
| components of a system; | 67426 |
| (5) By January 1, 2008, provide the household sewage and | 67427 |
| small flow on-site sewage treatment system study commission | 67428 |
| created by Am. Sub. H.B. 119 of the 127th general assembly with a | 67429 |
| list of available alternative systems and the estimated cost of | 67430 |
| each system. | 67431 |
| (G) The chairperson of the committee shall prepare and | 67432 |
| submit an annual report concerning the activities of the | 67433 |
| committee to the general assembly not later than ninety days after | 67434 |
| the end of the calendar year. The report shall discuss the number | 67435 |
| of applications submitted under section 3718.04 of the Revised | 67436 |
| Code for the approval of a new sewage treatment system or a | 67437 |
| component of a system, the number of such systems and components | 67438 |
| that were approved, any information that the committee considers | 67439 |
| beneficial to the general assembly, and any other information that | 67440 |
| the chairperson determines is beneficial to the general assembly. | 67441 |
| If other members of the committee determine that certain | 67442 |
| information should be included in the report, they shall submit | 67443 |
| the information to the chairperson not later than thirty days | 67444 |
| after the end of the calendar year. | 67445 |
| (H) The department shall provide meeting space for the | 67446 |
| committee. The committee shall be assisted in its duties by the | 67447 |
| staff of the department. | 67448 |
| (I) Sections 101.82 to 101.87 of the Revised Code do not | 67449 |
| apply to the sewage treatment system technical advisory committee. | 67450 |
| Sec. 3718.06. (A)(1) A board of health shall establish fees | 67451 |
| in accordance with section 3709.09 of the Revised Code for the | 67452 |
| purpose of carrying out its duties under this chapter and rules | 67453 |
| adopted under it, including a fee for an installation permit | 67454 |
| issued by the board. All fees so established and collected by the | 67455 |
| board shall be deposited in a special fund of the district to be | 67456 |
| used exclusively by the board in carrying out those duties. | 67457 |
| (2) In accordance with Chapter 119. of the Revised Code, the | 67458 |
| public health council may establish by rule a fee to be collected | 67459 |
| from applicants for installation permits issued under rules | 67460 |
| adopted under this chapter. The director of health shall use the | 67461 |
| proceeds from that fee for administering and enforcing this | 67462 |
| chapter and the rules adopted under it by the council. A board of | 67463 |
|
health shall collect and transmit the fee | 67464 |
| 67465 | |
| 67466 |
| | 67467 |
| 67468 | |
| 67469 | |
| 67470 | |
| 67471 | |
| 67472 | |
| 67473 | |
| Revised Code. The director shall use the money so credited solely | 67474 |
| for the administration and enforcement of this chapter and the | 67475 |
| rules adopted under it by the public health council. | 67476 |
| (B) The director may submit recommendations to the council | 67477 |
| regarding the amount of the fee collected under division (A)(2) of | 67478 |
| this section for installation permits. When making the | 67479 |
| recommendations, the director shall submit a report stating the | 67480 |
| current and projected expenses of administering and enforcing this | 67481 |
| chapter and the rules adopted under it by the council and the | 67482 |
| total of all money that has been deposited to the credit of the | 67483 |
| general operations fund under division (A)(2) of this section. The | 67484 |
| director may include in the report any recommendations for | 67485 |
| modifying the requirements established under this chapter and the | 67486 |
| rules adopted under it by the council. | 67487 |
| Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and | 67488 |
| 3721.99 of the Revised Code: | 67489 |
| (1)(a) "Home" means an institution, residence, or facility | 67490 |
| that provides, for a period of more than twenty-four hours, | 67491 |
| whether for a consideration or not, accommodations to three or | 67492 |
| more unrelated individuals who are dependent upon the services of | 67493 |
| others, including a nursing home, residential care facility, home | 67494 |
| for the aging, and a veterans' home operated under Chapter 5907. | 67495 |
| of the Revised Code. | 67496 |
| (b) "Home" also means both of the following: | 67497 |
| (i) Any facility that a person, as defined in section 3702.51 | 67498 |
| of the Revised Code, proposes for certification as a skilled | 67499 |
| nursing facility or nursing facility under Title XVIII or XIX of | 67500 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 67501 |
| as amended, and for which a certificate of need, other than a | 67502 |
| certificate to recategorize hospital beds as described in section | 67503 |
| 3702.522 of the Revised Code or division (R)(7)(d) of the version | 67504 |
| of section 3702.51 of the Revised Code in effect immediately prior | 67505 |
| to April 20, 1995, has been granted to the person under sections | 67506 |
| 3702.51 to 3702.62 of the Revised Code after August 5, 1989; | 67507 |
| (ii) A county home or district home that is or has been | 67508 |
| licensed as a residential care facility. | 67509 |
| (c) "Home" does not mean any of the following: | 67510 |
| (i) Except as provided in division (A)(1)(b) of this section, | 67511 |
| a public hospital or hospital as defined in section 3701.01 or | 67512 |
| 5122.01 of the Revised Code; | 67513 |
| (ii) A residential facility for mentally ill persons as | 67514 |
| defined under section 5119.22 of the Revised Code; | 67515 |
| (iii) A residential facility as defined in section 5123.19 of | 67516 |
| the Revised Code; | 67517 |
| (iv) | 67518 |
| 67519 |
| | 67520 |
| the Revised Code; | 67521 |
| | 67522 |
| section 3793.01 of the Revised Code; | 67523 |
| | 67524 |
| under section 3793.11 of the Revised Code; | 67525 |
| | 67526 |
| the department of mental retardation and developmental | 67527 |
| disabilities under section 5123.18 of the Revised Code; | 67528 |
| | 67529 |
| licensed under section 3712.04 of the Revised Code that is used | 67530 |
| exclusively for care of hospice patients; | 67531 |
| | 67532 |
| operated by a religious order, provides care exclusively to | 67533 |
| members of religious orders who take vows of celibacy and live by | 67534 |
| virtue of their vows within the orders as if related, and does not | 67535 |
| participate in the medicare program established under Title XVIII | 67536 |
| of the "Social Security Act" or the medical assistance program | 67537 |
| established under Chapter 5111. of the Revised Code and Title XIX | 67538 |
| of the "Social Security Act," if on January 1, 1994, the facility, | 67539 |
| infirmary, or entity was providing care exclusively to members of | 67540 |
| the religious order; | 67541 |
| | 67542 |
| licensed as a residential care facility. | 67543 |
| (2) "Unrelated individual" means one who is not related to | 67544 |
| the owner or operator of a home or to the spouse of the owner or | 67545 |
| operator as a parent, grandparent, child, grandchild, brother, | 67546 |
| sister, niece, nephew, aunt, uncle, or as the child of an aunt or | 67547 |
| uncle. | 67548 |
| (3) "Mental impairment" does not mean mental illness as | 67549 |
| defined in section 5122.01 of the Revised Code or mental | 67550 |
| retardation as defined in section 5123.01 of the Revised Code. | 67551 |
| (4) "Skilled nursing care" means procedures that require | 67552 |
| technical skills and knowledge beyond those the untrained person | 67553 |
| possesses and that are commonly employed in providing for the | 67554 |
| physical, mental, and emotional needs of the ill or otherwise | 67555 |
| incapacitated. "Skilled nursing care" includes, but is not limited | 67556 |
| to, the following: | 67557 |
| (a) Irrigations, catheterizations, application of dressings, | 67558 |
| and supervision of special diets; | 67559 |
| (b) Objective observation of changes in the patient's | 67560 |
| condition as a means of analyzing and determining the nursing care | 67561 |
| required and the need for further medical diagnosis and treatment; | 67562 |
| (c) Special procedures contributing to rehabilitation; | 67563 |
| (d) Administration of medication by any method ordered by a | 67564 |
| physician, such as hypodermically, rectally, or orally, including | 67565 |
| observation of the patient after receipt of the medication; | 67566 |
| (e) Carrying out other treatments prescribed by the physician | 67567 |
| that involve a similar level of complexity and skill in | 67568 |
| administration. | 67569 |
| (5)(a) "Personal care services" means services including, but | 67570 |
| not limited to, the following: | 67571 |
| (i) Assisting residents with activities of daily living; | 67572 |
| (ii) Assisting residents with self-administration of | 67573 |
| medication, in accordance with rules adopted under section 3721.04 | 67574 |
| of the Revised Code; | 67575 |
| (iii) Preparing special diets, other than complex therapeutic | 67576 |
| diets, for residents pursuant to the instructions of a physician | 67577 |
| or a licensed dietitian, in accordance with rules adopted under | 67578 |
| section 3721.04 of the Revised Code. | 67579 |
| (b) "Personal care services" does not include "skilled | 67580 |
| nursing care" as defined in division (A)(4) of this section. A | 67581 |
| facility need not provide more than one of the services listed in | 67582 |
| division (A)(5)(a) of this section to be considered to be | 67583 |
| providing personal care services. | 67584 |
| (6) "Nursing home" means a home used for the reception and | 67585 |
| care of individuals who by reason of illness or physical or mental | 67586 |
| impairment require skilled nursing care and of individuals who | 67587 |
| require personal care services but not skilled nursing care. A | 67588 |
| nursing home is licensed to provide personal care services and | 67589 |
| skilled nursing care. | 67590 |
| (7) "Residential care facility" means a home that provides | 67591 |
| either of the following: | 67592 |
| (a) Accommodations for seventeen or more unrelated | 67593 |
| individuals and supervision and personal care services for three | 67594 |
| or more of those individuals who are dependent on the services of | 67595 |
| others by reason of age or physical or mental impairment; | 67596 |
| (b) Accommodations for three or more unrelated individuals, | 67597 |
| supervision and personal care services for at least three of those | 67598 |
| individuals who are dependent on the services of others by reason | 67599 |
| of age or physical or mental impairment, and, to at least one of | 67600 |
| those individuals, any of the skilled nursing care authorized by | 67601 |
| section 3721.011 of the Revised Code. | 67602 |
| (8) "Home for the aging" means a home that provides services | 67603 |
| as a residential care facility and a nursing home, except that the | 67604 |
| home provides its services only to individuals who are dependent | 67605 |
| on the services of others by reason of both age and physical or | 67606 |
| mental impairment. | 67607 |
| The part or unit of a home for the aging that provides | 67608 |
| services only as a residential care facility is licensed as a | 67609 |
| residential care facility. The part or unit that may provide | 67610 |
| skilled nursing care beyond the extent authorized by section | 67611 |
| 3721.011 of the Revised Code is licensed as a nursing home. | 67612 |
| (9) "County home" and "district home" mean a county home or | 67613 |
| district home operated under Chapter 5155. of the Revised Code. | 67614 |
| (B) The public health council may further classify homes. For | 67615 |
| the purposes of this chapter, any residence, institution, hotel, | 67616 |
| congregate housing project, or similar facility that meets the | 67617 |
| definition of a home under this section is such a home regardless | 67618 |
| of how the facility holds itself out to the public. | 67619 |
| (C) For purposes of this chapter, personal care services or | 67620 |
| skilled nursing care shall be considered to be provided by a | 67621 |
| facility if they are provided by a person employed by or | 67622 |
| associated with the facility or by another person pursuant to an | 67623 |
| agreement to which neither the resident who receives the services | 67624 |
| nor the resident's sponsor is a party. | 67625 |
| (D) Nothing in division (A)(4) of this section shall be | 67626 |
| construed to permit skilled nursing care to be imposed on an | 67627 |
| individual who does not require skilled nursing care. | 67628 |
| Nothing in division (A)(5) of this section shall be construed | 67629 |
| to permit personal care services to be imposed on an individual | 67630 |
| who is capable of performing the activity in question without | 67631 |
| assistance. | 67632 |
| (E) Division (A)(1)(c) | 67633 |
| prohibit a facility, infirmary, or other entity described in that | 67634 |
| division from seeking licensure under sections 3721.01 to 3721.09 | 67635 |
| of the Revised Code or certification under Title XVIII or XIX of | 67636 |
| the "Social Security Act." However, such a facility, infirmary, or | 67637 |
| entity that applies for licensure or certification must meet the | 67638 |
| requirements of those sections or titles and the rules adopted | 67639 |
| under them and obtain a certificate of need from the director of | 67640 |
| health under section 3702.52 of the Revised Code. | 67641 |
| (F) Nothing in this chapter, or rules adopted pursuant to it, | 67642 |
| shall be construed as authorizing the supervision, regulation, or | 67643 |
| control of the spiritual care or treatment of residents or | 67644 |
| patients in any home who rely upon treatment by prayer or | 67645 |
| spiritual means in accordance with the creed or tenets of any | 67646 |
| recognized church or religious denomination. | 67647 |
| Sec. 3721.02. (A) The director of health shall license homes | 67648 |
| and establish procedures to be followed in inspecting and | 67649 |
| licensing homes. The director may inspect a home at any time. Each | 67650 |
| home shall be inspected by the director at least once prior to the | 67651 |
| issuance of a license and at least once every fifteen months | 67652 |
| thereafter. The state fire marshal or a township, municipal, or | 67653 |
| other legally constituted fire department approved by the marshal | 67654 |
| shall also inspect a home prior to issuance of a license, at least | 67655 |
| once every fifteen months thereafter, and at any other time | 67656 |
| requested by the director. A home does not have to be inspected | 67657 |
| prior to issuance of a license by the director, state fire | 67658 |
| marshal, or a fire department if ownership of the home is assigned | 67659 |
| or transferred to a different person and the home was licensed | 67660 |
| under this chapter immediately prior to the assignment or | 67661 |
| transfer. The director may enter at any time, for the purposes of | 67662 |
| investigation, any institution, residence, facility, or other | 67663 |
| structure that has been reported to the director or that the | 67664 |
| director has reasonable cause to believe is operating as a nursing | 67665 |
| home, residential care facility, or home for the aging without a | 67666 |
| valid license required by section 3721.05 of the Revised Code or, | 67667 |
| in the case of a county home or district home, is operating | 67668 |
| despite the revocation of its residential care facility license. | 67669 |
| The director may delegate the director's authority and duties | 67670 |
| under this chapter to any division, bureau, agency, or official of | 67671 |
| the department of health. | 67672 |
| (B) A single facility may be licensed both as a nursing home | 67673 |
| pursuant to this chapter and as an adult care facility pursuant to | 67674 |
| Chapter 3722. of the Revised Code if the director determines that | 67675 |
| the part or unit to be licensed as a nursing home can be | 67676 |
| maintained separate and discrete from the part or unit to be | 67677 |
| licensed as an adult care facility. | 67678 |
| (C) In determining the number of residents in a home for the | 67679 |
| purpose of licensing, the director shall consider all the | 67680 |
| individuals for whom the home provides accommodations as one group | 67681 |
| unless one of the following is the case: | 67682 |
| (1) The home is a home for the aging, in which case all the | 67683 |
| individuals in the part or unit licensed as a nursing home shall | 67684 |
| be considered as one group, and all the individuals in the part or | 67685 |
| unit licensed as a rest home shall be considered as another group. | 67686 |
| (2) The home is both a nursing home and an adult care | 67687 |
| facility. In that case, all the individuals in the part or unit | 67688 |
| licensed as a nursing home shall be considered as one group, and | 67689 |
| all the individuals in the part or unit licensed as an adult care | 67690 |
| facility shall be considered as another group. | 67691 |
| (3) The home maintains, in addition to a nursing home or | 67692 |
| residential care facility, a separate and discrete part or unit | 67693 |
| that provides accommodations to individuals who do not require or | 67694 |
| receive skilled nursing care and do not receive personal care | 67695 |
| services from the home, in which case the individuals in the | 67696 |
| separate and discrete part or unit shall not be considered in | 67697 |
| determining the number of residents in the home if the separate | 67698 |
| and discrete part or unit is in compliance with the Ohio basic | 67699 |
| building code established by the board of building standards under | 67700 |
| Chapters 3781. and 3791. of the Revised Code and the home permits | 67701 |
| the director, on request, to inspect the separate and discrete | 67702 |
| part or unit and speak with the individuals residing there, if | 67703 |
| they consent, to determine whether the separate and discrete part | 67704 |
| or unit meets the requirements of this division. | 67705 |
| (D)(1) The director of health shall charge | 67706 |
|
application fee
and
| 67707 |
| 67708 | |
| thereof of a home's licensed capacity: | 67709 |
| (a) For state fiscal year 2010, two hundred twenty dollars; | 67710 |
| (b) For state fiscal year 2011, two hundred seventy dollars; | 67711 |
| (c) For each state fiscal year thereafter, three hundred | 67712 |
|
twenty dollars. | 67713 |
| (2) All fees collected by the director for the issuance or | 67714 |
| renewal of licenses shall be deposited into the state treasury to | 67715 |
| the credit of the general operations fund created in section | 67716 |
| 3701.83 of the Revised Code for use only in administering and | 67717 |
| enforcing this chapter and rules adopted under it. | 67718 |
| (E)(1) Except as otherwise provided in this section, the | 67719 |
| results of an inspection or investigation of a home that is | 67720 |
| conducted under this section, including any statement of | 67721 |
| deficiencies and all findings and deficiencies cited in the | 67722 |
| statement on the basis of the inspection or investigation, shall | 67723 |
| be used solely to determine the home's compliance with this | 67724 |
| chapter or another chapter of the Revised Code in any action or | 67725 |
| proceeding other than an action commenced under division (I) of | 67726 |
| section 3721.17 of the Revised Code. Those results of an | 67727 |
| inspection or investigation, that statement of deficiencies, and | 67728 |
| the findings and deficiencies cited in that statement shall not be | 67729 |
| used in any court or in any action or proceeding that is pending | 67730 |
| in any court and are not admissible in evidence in any action or | 67731 |
| proceeding unless that action or proceeding is an appeal of an | 67732 |
| action by the department of health under this chapter or is an | 67733 |
| action by any department or agency of the state to enforce this | 67734 |
| chapter or another chapter of the Revised Code. | 67735 |
| (2) Nothing in division (E)(1) of this section prohibits the | 67736 |
| results of an inspection or investigation conducted under this | 67737 |
| section from being used in a criminal investigation or | 67738 |
| prosecution. | 67739 |
| Sec. 3721.071. The buildings in which a home is housed shall | 67740 |
| be equipped with both an automatic fire extinguishing system and | 67741 |
| fire alarm system. Such systems shall conform to standards set | 67742 |
| forth in the regulations of the board of building standards and | 67743 |
| the state fire marshal. | 67744 |
| The time for compliance with the requirements imposed by this | 67745 |
| section shall be January 1, 1975, except that the date for | 67746 |
| compliance with the automatic fire extinguishing requirements is | 67747 |
| extended to January 1, 1976, provided the buildings of the home | 67748 |
| are otherwise in compliance with fire safety laws and regulations | 67749 |
| and: | 67750 |
| (A) The home within thirty days after August 4, 1975, files a | 67751 |
| written plan with the state fire marshal's office that: | 67752 |
| (1) Outlines the interim safety procedures which shall be | 67753 |
| carried out to reduce the possibility of a fire; | 67754 |
| (2) Provides evidence that the home has entered into an | 67755 |
| agreement for a fire safety inspection to be conducted not less | 67756 |
| than monthly by a qualified independent safety engineer consultant | 67757 |
| or a township, municipal, or other legally constituted fire | 67758 |
| department, or by a township or municipal fire prevention officer; | 67759 |
| (3) Provides verification that the home has entered into a | 67760 |
| valid contract for the installation of an automatic fire | 67761 |
| extinguishing system or fire alarm system, or both, as required to | 67762 |
| comply with this section; | 67763 |
| (4) Includes a statement regarding the expected date for the | 67764 |
| completion of the fire extinguishing system or fire alarm system, | 67765 |
| or both. | 67766 |
| (B) Inspections by a qualified independent safety engineer | 67767 |
| consultant or a township, municipal, or other legally constituted | 67768 |
| fire department, or by a township or municipal fire prevention | 67769 |
| officer are initiated no later than sixty days after August 4, | 67770 |
| 1975, and are conducted no less than monthly thereafter, and | 67771 |
| reports of the consultant, fire department, or fire prevention | 67772 |
| officer identifying existing hazards and recommended corrective | 67773 |
| actions are submitted to the state fire marshal, the division of | 67774 |
| 67775 | |
| department of health. | 67776 |
| It is the express intent of the general assembly that the | 67777 |
| department of job and family services shall terminate payments | 67778 |
| under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), | 67779 |
| 42 U.S.C. 301, as amended, to those homes which do not comply with | 67780 |
| the requirements of this section for the submission of a written | 67781 |
| fire safety plan and the deadline for entering into contracts for | 67782 |
| the installation of systems. | 67783 |
| Sec. 3721.23. (A) The director of health shall receive, | 67784 |
| review, and investigate allegations of abuse or neglect of a | 67785 |
| resident or misappropriation of the property of a resident by any | 67786 |
| individual used by a long-term care facility or residential care | 67787 |
| facility to provide services to residents. | 67788 |
| (B) The director shall make findings regarding alleged abuse, | 67789 |
| neglect, or misappropriation of property after doing both of the | 67790 |
| following: | 67791 |
| (1) Investigating the allegation and determining that there | 67792 |
|
is a reasonable basis for | 67793 |
| (2) Giving notice to the individual named in the allegation | 67794 |
| and affording the individual a reasonable opportunity for a | 67795 |
| hearing. | 67796 |
| Notice to the person named in an allegation shall be given | 67797 |
| and the hearing shall be conducted pursuant to rules adopted by | 67798 |
|
the director under section 3721.26 of the Revised Code. | 67799 |
| For purposes of conducting a hearing or investigation under | 67800 |
| this section, the director may issue subpoenas compelling | 67801 |
| attendance of witnesses or production of documents or other | 67802 |
|
evidence. The subpoenas | 67803 |
| as subpoenas and subpoenas duces tecum issued for a trial of a | 67804 |
| civil action in a court of common pleas or they may be served by | 67805 |
| a representative of the director. If a person who is served a | 67806 |
| subpoena fails to attend a hearing or to produce documents or | 67807 |
| other evidence for purposes of a hearing or investigation, or | 67808 |
| refuses to be sworn or to answer any questions, the director may | 67809 |
| apply to the common pleas court of the county in which the | 67810 |
| person resides, or the county in which the long-term care | 67811 |
| facility or residential care facility is located, for a contempt | 67812 |
| order, as in the case of a failure of a person who is served a | 67813 |
| subpoena issued by the court to attend or to produce documents | 67814 |
| or other evidence or a refusal of such person to testify. | 67815 |
| (C)(1) If the director finds that an individual used by a | 67816 |
| long-term care facility or residential care facility has neglected | 67817 |
| or abused a resident or misappropriated property of a resident, | 67818 |
| the director shall notify the individual, the facility using the | 67819 |
| individual, and the attorney general, county prosecutor, or other | 67820 |
| appropriate law enforcement official. The director also shall do | 67821 |
| the following: | 67822 |
| (a) If the individual is used by a long-term care facility as | 67823 |
| a nurse aide, the director shall, in accordance with section | 67824 |
| 3721.32 of the Revised Code, include in the nurse aide registry | 67825 |
| established under that section a statement detailing the findings | 67826 |
| pertaining to the individual. | 67827 |
| (b) If the individual is a licensed health professional used | 67828 |
| by a long-term care facility or residential care facility to | 67829 |
| provide services to residents, the director shall notify the | 67830 |
| appropriate professional licensing authority established under | 67831 |
| Title XLVII of the Revised Code. | 67832 |
| (c) If the individual is used by a long-term care facility | 67833 |
| and is neither a nurse aide nor a licensed health professional, or | 67834 |
| is used by a residential care facility and is not a licensed | 67835 |
| health professional, the director shall, in accordance with | 67836 |
| section 3721.32 of the Revised Code, include in the nurse aide | 67837 |
| registry a statement detailing the findings pertaining to the | 67838 |
| individual. | 67839 |
| (2) A nurse aide or other individual about whom a statement | 67840 |
| is required by this division to be included in the nurse aide | 67841 |
| registry may provide the director with a statement disputing the | 67842 |
| director's findings and explaining the circumstances of the | 67843 |
| allegation. The statement shall be included in the nurse aide | 67844 |
| registry with the director's findings. | 67845 |
| (D)(1) If the director finds that alleged neglect or abuse of | 67846 |
| a resident or misappropriation of property of a resident cannot be | 67847 |
| substantiated, the director shall notify the individual and | 67848 |
| expunge all files and records of the investigation and the hearing | 67849 |
| by doing all of the following: | 67850 |
| (a) Removing and destroying the files and records, originals | 67851 |
| and copies, and deleting all index references; | 67852 |
| (b) Reporting to the individual the nature and extent of any | 67853 |
| information about the individual transmitted to any other person | 67854 |
| or government entity by the director of health; | 67855 |
| (c) Otherwise ensuring that any examination of files and | 67856 |
| records in question show no record whatever with respect to the | 67857 |
| individual. | 67858 |
| (2)(a) If, in accordance with division (C)(1)(a) or (c) of | 67859 |
| this section, the director includes in the nurse aide registry a | 67860 |
| statement of a finding of neglect, the individual found to have | 67861 |
| neglected a resident may, not earlier than one year after the date | 67862 |
| of the finding, petition the director to rescind the finding and | 67863 |
| remove the statement and any accompanying information from the | 67864 |
| nurse aide registry. The director shall consider the petition. If, | 67865 |
| in the judgment of the director, the neglect was a singular | 67866 |
| occurrence and the employment and personal history of the | 67867 |
| individual does not evidence abuse or any other incident of | 67868 |
| neglect of residents, the director shall notify the individual and | 67869 |
| remove the statement and any accompanying information from the | 67870 |
| nurse aide registry. The director shall expunge all files and | 67871 |
| records of the investigation and the hearing, except the petition | 67872 |
| for rescission of the finding of neglect and the director's notice | 67873 |
| that the rescission has been approved. | 67874 |
| (b) A petition for rescission of a finding of neglect and the | 67875 |
| director's notice that the rescission has been approved are not | 67876 |
| public records for the purposes of section 149.43 of the Revised | 67877 |
| Code. | 67878 |
| (3) When files and records have been expunged under division | 67879 |
| (D)(1) or (2) of this section, all rights and privileges are | 67880 |
| restored, and the individual, the director, and any other person | 67881 |
| or government entity may properly reply to an inquiry that no such | 67882 |
| record exists as to the matter expunged. | 67883 |
| Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the | 67884 |
| Revised Code: | 67885 |
| (A) "Hospital" has the same meaning as in section 3727.01 of | 67886 |
| the Revised Code. | 67887 |
| (B) "Inpatient days" means all days during which a resident | 67888 |
| of a nursing facility, regardless of payment source, occupies a | 67889 |
| bed in the nursing facility that is included in the facility's | 67890 |
| certified capacity under Title XIX. Therapeutic or hospital leave | 67891 |
| days for which payment is made under section 5111.26 of the | 67892 |
| Revised Code are considered inpatient days proportionate to the | 67893 |
| percentage of the facility's per resident per day rate paid for | 67894 |
| those days. | 67895 |
| (C) "Medicaid" has the same meaning as in section 5111.01 of | 67896 |
| the Revised Code. | 67897 |
| (D) "Medicaid day" means all days during which a resident who | 67898 |
| is a medicaid recipient occupies a bed in a nursing facility that | 67899 |
| is included in the facility's certified capacity under Title XIX. | 67900 |
| Therapeutic or hospital leave days for which payment is made under | 67901 |
| section 5111.26 of the Revised Code are considered medicaid days | 67902 |
| proportionate to the percentage of the nursing facility's per | 67903 |
| resident per day rate for those days. | 67904 |
| (E) "Medicare" means the program established by Title XVIII. | 67905 |
| (F) "Nursing facility" has the same meaning as in section | 67906 |
| 5111.20 of the Revised Code. | 67907 |
| | 67908 |
| (a) A nursing home licensed under section 3721.02 or 3721.09 | 67909 |
| of the Revised Code, including any part of a home for the aging | 67910 |
| licensed as a nursing home; | 67911 |
| (b) A facility or part of a facility, other than a hospital, | 67912 |
| that is certified as a skilled nursing facility under Title XVIII; | 67913 |
| (c) A nursing facility, other than a portion of a hospital | 67914 |
| certified as a nursing facility. | 67915 |
| (2) "Nursing home" does not include any of the following: | 67916 |
| (a) A county home, county nursing home, or district home | 67917 |
| operated pursuant to Chapter 5155. of the Revised Code; | 67918 |
| (b) A nursing home maintained and operated by the Ohio | 67919 |
| veterans' home agency under section 5907.01 of the Revised Code; | 67920 |
| (c) A nursing home or part of a nursing home licensed under | 67921 |
| section 3721.02 or 3721.09 of the Revised Code that is certified | 67922 |
| as an intermediate care facility for the mentally retarded under | 67923 |
| Title XIX. | 67924 |
| | 67925 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 67926 |
| | 67927 |
| Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 67928 |
| Sec. 3721.51. The department of job and family services | 67929 |
| shall do all of the following: | 67930 |
| (A) Subject to sections 3721.512 and 3721.513 of the Revised | 67931 |
| Code and division (C) of this section and for the purposes | 67932 |
| specified in sections 3721.56 and 3721.561 of the Revised Code, | 67933 |
| determine an annual franchise permit fee on each nursing home in | 67934 |
|
an amount equal to
| 67935 |
| multiplied by the product of the following: | 67936 |
| (1) The number of beds licensed as nursing home beds, plus | 67937 |
| any other beds certified as skilled nursing facility beds under | 67938 |
| Title XVIII or nursing facility beds under Title XIX on the first | 67939 |
| day of May of the calendar year in which the fee is determined | 67940 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 67941 |
| (2) The number of days in the fiscal year beginning on the | 67942 |
| first day of July of the calendar year in which the fee is | 67943 |
| determined pursuant to division (A) of section 3721.53 of the | 67944 |
| Revised Code. | 67945 |
| (B) Subject to sections 3721.512 and 3721.513 of the Revised | 67946 |
| Code and division (C) of this section and for the purposes | 67947 |
| specified in sections 3721.56 and 3721.561 of the Revised Code, | 67948 |
| determine an annual franchise permit fee on each hospital in an | 67949 |
|
amount equal to
| 67950 |
| multiplied by the product of the following: | 67951 |
| (1) The number of beds registered pursuant to section 3701.07 | 67952 |
| of the Revised Code as skilled nursing facility beds or long-term | 67953 |
| care beds, plus any other beds licensed as nursing home beds under | 67954 |
| section 3721.02 or 3721.09 of the Revised Code, on the first day | 67955 |
| of May of the calendar year in which the fee is determined | 67956 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 67957 |
| (2) The number of days in the fiscal year beginning on the | 67958 |
| first day of July of the calendar year in which the fee is | 67959 |
| determined pursuant to division (A) of section 3721.53 of the | 67960 |
| Revised Code. | 67961 |
| (C) If the United States centers for medicare and medicaid | 67962 |
| services determines that the franchise permit fee established by | 67963 |
| sections 3721.50 to 3721.58 of the Revised Code is an | 67964 |
| impermissible health care related tax under section 1903(w) of the | 67965 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 67966 |
| amended, take all necessary actions to cease implementation of | 67967 |
| sections 3721.50 to 3721.58 of the Revised Code in accordance with | 67968 |
| rules adopted under section 3721.58 of the Revised Code. | 67969 |
| Sec. 3721.511. (A) Not later than one month after the | 67970 |
| effective date of this section, the department of job and family | 67971 |
| services shall apply to the United States secretary of health and | 67972 |
| human services for a waiver under 42 U.S.C. 1396b(w)(3)(E) as | 67973 |
| necessary to do both of the following regarding the franchise | 67974 |
| permit fee imposed by section 3721.51 of the Revised Code: | 67975 |
| (1) Reduce the franchise permit fee to zero dollars for each | 67976 |
| nursing home licensed under section 3721.02 or 3721.09 of the | 67977 |
| Revised Code that meets all of the following requirements: | 67978 |
| (a) It is exempt from state taxation under section 140.08 of | 67979 |
| the Revised Code or is exempt from state taxation as a home for | 67980 |
| the aged as defined in section 5701.13 of the Revised Code. | 67981 |
| (b) It is exempt from federal income taxation under section | 67982 |
| 501 of the Internal Revenue Code of 1986. | 67983 |
| (c) It does not participate in medicaid or medicare. | 67984 |
| (d) It provides services for the life of each resident | 67985 |
| without regard to the resident's ability to secure payment for the | 67986 |
| services. | 67987 |
| (2) For each nursing facility with more than two hundred beds | 67988 |
| certified as nursing facility beds under Title XIX, reduce the | 67989 |
| franchise permit fee for a number of the nursing facility's beds | 67990 |
| specified by the department to the amount necessary to obtain | 67991 |
| approval of the waiver sought under this section. | 67992 |
| (B) The effective date of the waiver sought under this | 67993 |
| section shall be the first day of the calendar quarter beginning | 67994 |
| after the United States secretary approves the waiver. | 67995 |
| Sec. 3721.512. If the United States secretary of health and | 67996 |
| human services approves the waiver sought under section 3721.511 | 67997 |
| of the Revised Code, the department of job and family services | 67998 |
| shall, for each nursing home and hospital that qualifies for a | 67999 |
| reduction of its franchise permit fee under the waiver, reduce the | 68000 |
| franchise permit fee in accordance with the terms of the waiver. | 68001 |
| For purposes of the first fiscal year during which the waiver | 68002 |
| takes effect, the department shall determine the amount of the | 68003 |
| reduction not later than the effective date of the waiver and | 68004 |
| shall mail to each nursing home and hospital qualifying for the | 68005 |
| reduction notice of the reduction not later than the last day of | 68006 |
| the first month of the calendar quarter that begins after the | 68007 |
| United States secretary approves the waiver. For purposes of | 68008 |
| subsequent fiscal years, the department shall make such | 68009 |
| determinations and mail such notices in accordance with section | 68010 |
| 3721.53 of the Revised Code. | 68011 |
| Sec. 3721.513. (A) If the United States secretary of health | 68012 |
| and human services approves the waiver sought under section | 68013 |
| 3721.511 of the Revised Code, the department of job and family | 68014 |
| services may do both of the following regarding the franchise | 68015 |
| permit fee imposed by section 3721.51 of the Revised Code: | 68016 |
| (1) Determine how much money the franchise permit fee would | 68017 |
| have raised in a fiscal year if not for the waiver; | 68018 |
| (2) For each nursing home and hospital subject to the | 68019 |
| franchise permit fee, other than a nursing home or hospital that | 68020 |
| has its franchise permit fee reduced under section 3721.512 of the | 68021 |
| Revised Code, uniformly increase the amount of the franchise | 68022 |
| permit fee for a fiscal year to an amount that will have the | 68023 |
| franchise permit fee raise an amount of money that does not exceed | 68024 |
| the amount determined under division (A)(1) of this section for | 68025 |
| that fiscal year. | 68026 |
| (B) If the department increases the franchise permit fee in | 68027 |
| accordance with division (A) of this section for the first fiscal | 68028 |
| year during which the waiver takes effect, the department shall | 68029 |
| determine the amount of the increase not later than the effective | 68030 |
| date of the waiver and shall mail to each nursing home and | 68031 |
| hospital subject to the increase notice of the increase not later | 68032 |
| than the last day of the first month of the calendar quarter that | 68033 |
| begins after the United States secretary approves the waiver. If | 68034 |
| the department increases the franchise permit fee in accordance | 68035 |
| with division (A) of this section for a subsequent fiscal year, | 68036 |
| the department shall make such determinations and mail such | 68037 |
| notices in accordance with section 3721.53 of the Revised Code. | 68038 |
| Sec. 3721.53. (A) Not later than the fifteenth day of August | 68039 |
| of each year, the department of job and family services shall | 68040 |
| determine the annual franchise permit fee for each nursing home | 68041 |
| and hospital
in accordance with | 68042 |
|
the
Revised
Code and | 68043 |
| 68044 | |
| 68045 |
| (B) Not later than the first day of September of each year, | 68046 |
| the department shall mail to each nursing home and hospital notice | 68047 |
| of the amount of the franchise permit fee that has been determined | 68048 |
| for the nursing home or hospital. | 68049 |
| (C) Each nursing home and hospital shall pay its fee under | 68050 |
| section 3721.51 of the Revised Code, as adjusted in accordance | 68051 |
| with sections 3721.512 and 3721.513 of the Revised Code, to the | 68052 |
| department in quarterly installment payments not later than | 68053 |
| forty-five days after the last day of each September, December, | 68054 |
| March, and June. | 68055 |
| (D) No nursing home or hospital shall directly bill its | 68056 |
| residents for the fee paid under this section, or otherwise | 68057 |
| directly pass the fee through to its residents. | 68058 |
| Sec. 3721.55. (A) A nursing home or hospital may appeal the | 68059 |
| fee imposed under section 3721.51 of the Revised Code, as adjusted | 68060 |
| under section 3721.512 or 3721.513 of the Revised Code, solely on | 68061 |
| the grounds that the department of job and family services | 68062 |
| committed a material error in determining the amount of the fee. A | 68063 |
| request for an appeal must be received by the department not later | 68064 |
| than fifteen days after the date the department mails the notice | 68065 |
| of the fee and must include written materials setting forth the | 68066 |
| basis for the appeal. | 68067 |
| (B) If a nursing home or hospital submits a request for an | 68068 |
| appeal within the time required under division (A) of this | 68069 |
| section, the department of job and family services shall hold a | 68070 |
| public hearing in Columbus not later than thirty days after the | 68071 |
| date the department receives the request for an appeal. The | 68072 |
| department shall, not later than ten days before the date of the | 68073 |
| hearing, mail a notice of the date, time, and place of the hearing | 68074 |
| to the nursing home or hospital. The department may hear all the | 68075 |
| requested appeals in one public hearing. | 68076 |
| (C) On the basis of the evidence presented at the hearing or | 68077 |
| any other evidence submitted by the nursing home or hospital, the | 68078 |
| department may adjust a fee. The department's decision is final. | 68079 |
| Sec. 3721.56. There is hereby created in the state treasury | 68080 |
|
the home- and community-based services for the aged fund. | 68081 |
| Nine and nine hundredths per cent of all payments and penalties | 68082 |
| paid by nursing homes and hospitals under sections 3721.53 and | 68083 |
| 3721.54 of the Revised Code shall be deposited into the fund. | 68084 |
| The departments of job and family services and aging shall use | 68085 |
| the moneys in the fund to fund the following in accordance with | 68086 |
| rules adopted under section 3721.58 of the Revised Code: | 68087 |
| (A) The medicaid program established under Chapter 5111. of | 68088 |
| the Revised Code, including the PASSPORT program established under | 68089 |
| section 173.40 of the Revised Code; | 68090 |
| (B) The residential state supplement program established | 68091 |
| under section 173.35 of the Revised Code. | 68092 |
| Sec. 3722.01. (A) As used in this chapter: | 68093 |
| (1) "Owner" means the person who owns the business of and who | 68094 |
| ultimately controls the operation of an adult care facility and to | 68095 |
| whom the manager, if different from the owner, is responsible. | 68096 |
| (2) "Manager" means the person responsible for the daily | 68097 |
| operation of an adult care facility. The manager and the owner of | 68098 |
| a facility may be the same person. | 68099 |
| (3) "Adult" means an individual eighteen years of age or | 68100 |
| older. | 68101 |
| (4) "Unrelated" means that an adult resident is not related | 68102 |
| to the owner or manager of an adult care facility or to the | 68103 |
| owner's or manager's spouse as a parent, grandparent, child, | 68104 |
| stepchild, grandchild, brother, sister, niece, nephew, aunt, or | 68105 |
| uncle, or as the child of an aunt or uncle. | 68106 |
| (5) "Skilled nursing care" means skilled nursing care as | 68107 |
| defined in section 3721.01 of the Revised Code. | 68108 |
| (6)(a) "Personal care services" means services including, but | 68109 |
| not limited to, the following: | 68110 |
| (i) | 68111 |
| living; | 68112 |
| (ii) | 68113 |
| of medication, in accordance with rules adopted by the public | 68114 |
| health council pursuant to this chapter; | 68115 |
| (iii) | 68116 |
| complex therapeutic diets, for residents pursuant to the | 68117 |
| instructions of a physician or a licensed dietitian, in accordance | 68118 |
| with rules adopted by the public health council pursuant to this | 68119 |
| chapter. | 68120 |
| (b) "Personal care services" does not include "skilled | 68121 |
| nursing care" as defined in section 3721.01 of the Revised Code. A | 68122 |
| facility need not provide more than one of the services listed in | 68123 |
| division (A)(6)(a) of this section for the facility to be | 68124 |
| considered to be providing personal care services. | 68125 |
| (7) "Adult family home" means a residence or facility that | 68126 |
| provides accommodations and supervision to three to five unrelated | 68127 |
|
adults | 68128 |
|
three of | 68129 |
| (8) "Adult group home" means a residence or facility that | 68130 |
| provides accommodations and supervision to six to sixteen | 68131 |
|
unrelated adults | 68132 |
| 68133 | |
| personal care services. | 68134 |
| (9) "Adult care facility" means an adult family home or an | 68135 |
| adult group home. For the purposes of this chapter, any residence, | 68136 |
| facility, institution, hotel, congregate housing project, or | 68137 |
| similar facility that provides accommodations and supervision to | 68138 |
|
three to sixteen unrelated adults, at least three
of whom | 68139 |
| 68140 | |
| regardless of how the facility holds itself out to the public. | 68141 |
| "Adult care facility" does not include: | 68142 |
| (a) A facility operated by a hospice care program licensed | 68143 |
| under section 3712.04 of the Revised Code that is used exclusively | 68144 |
| for care of hospice patients; | 68145 |
| (b) A nursing home, residential care facility, or home for | 68146 |
| the aging as defined in section 3721.01 of the Revised Code; | 68147 |
| (c) | 68148 |
| 68149 |
| | 68150 |
| section 3793.01 of the Revised Code; | 68151 |
| | 68152 |
| by the department of mental health under section 5119.22 of the | 68153 |
| Revised Code; | 68154 |
| | 68155 |
| under section 3793.11 of the Revised Code; | 68156 |
| | 68157 |
| of the Revised Code or otherwise regulated by the department of | 68158 |
| mental retardation and developmental disabilities; | 68159 |
| | 68160 |
| project, or similar facility that provides personal care services | 68161 |
| to fewer than three residents or that provides, for any number of | 68162 |
| residents, only housing, housekeeping, laundry, meal preparation, | 68163 |
| social or recreational activities, maintenance, security, | 68164 |
| transportation, and similar services that are not personal care | 68165 |
| services or skilled nursing care; | 68166 |
| | 68167 |
| from the department of development under any program established | 68168 |
| to provide emergency shelter housing or transitional housing for | 68169 |
| the homeless; | 68170 |
| | 68171 |
| entered into an agreement with a hospice care program under | 68172 |
| section 3712.07 of the Revised Code; | 68173 |
| | 68174 |
| under section 104(a) of the "Veterans Health Care Amendments of | 68175 |
| 1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used | 68176 |
|
exclusively
for the placement and care of veterans | 68177 |
| | 68178 |
| 68179 | |
| 68180 | |
| 68181 | |
| 68182 |
| (10) "Residents' rights advocate" means: | 68183 |
| (a) An employee or representative of any state or local | 68184 |
| government entity that has a responsibility for residents of adult | 68185 |
| care facilities and has registered with the department of health | 68186 |
| under section 3701.07 of the Revised Code; | 68187 |
| (b) An employee or representative, other than a manager or | 68188 |
| employee of an adult care facility or nursing home, of any private | 68189 |
| nonprofit corporation or association that qualifies for tax-exempt | 68190 |
| status under section 501(a) of the "Internal Revenue Code of | 68191 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has | 68192 |
| registered with the department of health under section 3701.07 of | 68193 |
| the Revised Code, and whose purposes include educating and | 68194 |
| counseling residents, assisting residents in resolving problems | 68195 |
| and complaints concerning their care and treatment, and assisting | 68196 |
| them in securing adequate services. | 68197 |
| (11) "Sponsor" means an adult relative, friend, or guardian | 68198 |
| of a resident of an adult care facility who has an interest in or | 68199 |
| responsibility for the resident's welfare. | 68200 |
| (12) "Ombudsperson" means a "representative of the office of | 68201 |
| the state long-term care ombudsperson program" as defined in | 68202 |
| section 173.14 of the Revised Code. | 68203 |
| (13) "Mental health agency" means a community mental health | 68204 |
| agency, as defined in section 5119.22 of the Revised Code, under | 68205 |
|
contract with | 68206 |
| 68207 | |
| 340.03 of the Revised Code. | 68208 |
| (14) "ADAMHS board" means a board of alcohol, drug addiction, | 68209 |
| and mental health services; | 68210 |
| (15) "Mental health resident program participation agreement" | 68211 |
| means a written agreement between an adult care facility and the | 68212 |
| ADAMHS board serving the alcohol, drug addiction, and mental | 68213 |
| health service district in which the facility is located, under | 68214 |
| which the facility is authorized to admit residents who are | 68215 |
| receiving or are eligible for publicly funded mental health | 68216 |
| services. | 68217 |
| (16) "PASSPORT administrative agency" means an entity under | 68218 |
| contract with the department of aging to provide administrative | 68219 |
| services regarding the PASSPORT program created under section | 68220 |
| 173.40 of the Revised Code. | 68221 |
| (B) For purposes of this chapter, personal care services or | 68222 |
| skilled nursing care shall be considered to be provided by a | 68223 |
| facility if they are provided by a person employed by or | 68224 |
| associated with the facility or by another person pursuant to an | 68225 |
| agreement to which neither the resident who receives the services | 68226 |
| nor the resident's sponsor is a party. | 68227 |
| (C) Nothing in division (A)(6) of this section shall be | 68228 |
| construed to permit personal care services to be imposed upon a | 68229 |
| resident who is capable of performing the activity in question | 68230 |
| without assistance. | 68231 |
| Sec. 3722.011. (A) All medication taken by residents of an | 68232 |
| adult care facility shall be self-administered, except that | 68233 |
|
medication may be administered to a resident | 68234 |
| 68235 | |
| 68236 | |
| 68237 | |
| accordance with division (B) of section 3722.16 of the Revised | 68238 |
|
Code. | 68239 |
| 68240 | |
| or retained by an adult care facility unless the person is capable | 68241 |
|
of | 68242 |
| 68243 | |
| physician, except that a person may be admitted to or retained by | 68244 |
|
such a facility if the
person's
medication is administered | 68245 |
| 68246 | |
| 68247 | |
| 68248 | |
| provided in accordance with division (B) of section 3722.16 of | 68249 |
|
the Revised Code. | 68250 |
| (B) Members of the staff of an adult care facility shall not | 68251 |
| administer medication to residents but may do any of the | 68252 |
| following: | 68253 |
| | 68254 |
| ensure that the resident follows the directions on the container; | 68255 |
| | 68256 |
| medication by taking the medication from the locked area where it | 68257 |
| is stored, in accordance with rules adopted by the public health | 68258 |
| council pursuant to this chapter, and handing it to the resident. | 68259 |
| If the resident is physically unable to open the container, a | 68260 |
| staff member may open the container for the resident. | 68261 |
| | 68262 |
| such as a resident with arthritis, cerebral palsy, or Parkinson's | 68263 |
| disease, in removing oral or topical medication from containers | 68264 |
| and in consuming or applying the medication, upon request by or | 68265 |
| with the consent of the resident. If a resident is physically | 68266 |
| unable to place a dose of medicine to the resident's mouth without | 68267 |
| spilling it, a staff member may place the dose in a container and | 68268 |
| place the container to the mouth of the resident. | 68269 |
| Sec. 3722.02. A person seeking a license to operate an adult | 68270 |
| care facility shall submit to the director of health an | 68271 |
| application on a form prescribed by the director and the | 68272 |
| following: | 68273 |
| (A) In the case of an adult group home seeking licensure as | 68274 |
| an adult care facility, evidence that the home has been inspected | 68275 |
| and approved by a local certified building department or by the | 68276 |
|
division of | 68277 |
| commerce as meeting the applicable requirements of sections | 68278 |
| 3781.06 to 3781.18 and 3791.04 of the Revised Code and any rules | 68279 |
| adopted under those sections and evidence that the home has been | 68280 |
| inspected by the state fire marshal or fire prevention officer of | 68281 |
| a municipal, township, or other legally constituted fire | 68282 |
| department approved by the state fire marshal and found to be in | 68283 |
| compliance with rules adopted under section 3737.83 of the | 68284 |
| Revised Code regarding fire prevention and safety in adult group | 68285 |
| homes; | 68286 |
| (B) Valid approvals of the facility's water and sewage | 68287 |
| systems issued by the responsible governmental entity, if | 68288 |
| applicable; | 68289 |
| (C) A statement of ownership containing the following | 68290 |
| information: | 68291 |
| (1) If the owner is an individual, the owner's name, address, | 68292 |
| telephone number, business address, business telephone number, and | 68293 |
| occupation. If the owner is an association, corporation, or | 68294 |
| partnership, the business activity, address, and telephone number | 68295 |
| of the entity and the name of every person who has an ownership | 68296 |
| interest of five per cent or more in the entity. | 68297 |
| (2) If the owner does not own the building or if the owner | 68298 |
| owns only part of the building in which the facility is housed, | 68299 |
| the name of each person who has an ownership interest of five per | 68300 |
| cent or more in the building; | 68301 |
| (3) The address of any adult care facility and any facility | 68302 |
|
described in divisions (A)(9)(a) to | 68303 |
| the Revised Code in which the owner has an ownership interest of | 68304 |
| five per cent or more; | 68305 |
| (4) The identity of the manager of the adult care facility, | 68306 |
| if different from the owner; | 68307 |
| (5) The name and address of any adult care facility and any | 68308 |
|
facility described in divisions (A)(9)(a) to | 68309 |
| 3722.01 of the Revised Code with which either the owner or manager | 68310 |
| has been affiliated through ownership or employment in the five | 68311 |
| years prior to the date of the application; | 68312 |
| (6) The names and addresses of three persons not employed by | 68313 |
| or associated in business with the owner who will provide | 68314 |
| information about the character, reputation, and competence of the | 68315 |
| owner and the manager and the financial responsibility of the | 68316 |
| owner; | 68317 |
| (7) Information about any arrest of the owner or manager for, | 68318 |
| or adjudication or conviction of, a criminal offense related to | 68319 |
| the provision of care in an adult care facility or any facility | 68320 |
|
described in divisions (A)(9)(a) to | 68321 |
| the Revised Code or the ability to operate a facility; | 68322 |
| (8) Any other information the director may require regarding | 68323 |
| the owner's ability to operate the facility. | 68324 |
| (D) If the facility is an adult group home, a balance sheet | 68325 |
| showing the assets and liabilities of the owner and a statement | 68326 |
| projecting revenues and expenses for the first twelve months of | 68327 |
| the facility's operation; | 68328 |
| (E) | 68329 |
| 68330 | |
| 68331 | |
| information regarding admissions to the facility: | 68332 |
| (1) The intended bed capacity of the facility; | 68333 |
| (2) If the facility will admit persons referred by or | 68334 |
| receiving services from an ADAMHS board or a mental health agency, | 68335 |
| the total number of beds anticipated to be occupied as a result | 68336 |
| of those admissions. | 68337 |
| (F) A nonrefundable license application fee in an amount | 68338 |
| established in rules adopted by the public health council pursuant | 68339 |
| to this chapter. | 68340 |
| Sec. 3722.021. In determining the number of residents in a | 68341 |
| facility for the purpose of licensure under this chapter, the | 68342 |
| director of health shall consider all the individuals for whom the | 68343 |
| facility provides accommodations as one group unless either of the | 68344 |
| following is the case: | 68345 |
| (A) | 68346 |
|
facility is | 68347 |
|
the Revised Code | 68348 |
| facility licensed under that chapter, or both. In that case, all | 68349 |
| the individuals in the part or unit licensed as a nursing home, | 68350 |
| residential care facility, or both, shall be considered as one | 68351 |
| group and all the individuals in the part or unit licensed as an | 68352 |
| adult care facility shall be considered as another group. | 68353 |
| (B) The facility maintains, in addition to an adult care | 68354 |
| facility, a separate and discrete part or unit that provides | 68355 |
| accommodations to individuals who do not receive supervision or | 68356 |
| personal care services from the adult care facility, in which case | 68357 |
| the individuals in the separate and discrete part or unit shall | 68358 |
| not be considered in determining the number of residents in the | 68359 |
| adult care facility if the separate and discrete part or unit is | 68360 |
| in compliance with the Ohio basic building code established by the | 68361 |
| board of building standards under Chapters 3781. and 3791. of the | 68362 |
| Revised Code and the adult care facility, to the extent of its | 68363 |
| authority, permits the director, on request, to inspect the | 68364 |
| separate and discrete part or unit and speak with the individuals | 68365 |
| residing there, if they consent, to determine whether the separate | 68366 |
| and discrete part or unit meets the requirements of this division. | 68367 |
| Sec. 3722.022. A person may not apply for a license to | 68368 |
| operate an adult care facility if the person is or has been the | 68369 |
| owner or manager of an adult care facility for which a license to | 68370 |
| operate was revoked or for which renewal of a license was refused | 68371 |
| for any reason other than nonpayment of the license renewal fee, | 68372 |
| unless both of the following conditions are met: | 68373 |
| (A) A period of not less than two years has elapsed since the | 68374 |
| date the director of health issued the order revoking or refusing | 68375 |
| to renew the facility's license. | 68376 |
| (B) The director's revocation or refusal to renew the license | 68377 |
| was not based on an act or omission at the facility that violated | 68378 |
| a resident's right to be free from abuse, neglect, or | 68379 |
| exploitation. | 68380 |
| Sec. 3722.04. (A) | 68381 |
| license, and regulate adult care facilities. Except as otherwise | 68382 |
| provided in division (D) of this section, the director shall issue | 68383 |
| a license to an adult care facility that meets the requirements of | 68384 |
| section 3722.02 of the Revised Code and that the director | 68385 |
| determines to be in substantial compliance with the rules adopted | 68386 |
| by the public health council pursuant to this chapter. The | 68387 |
| director shall consider the past record of the owner and manager | 68388 |
| and any individuals who are principal participants in an entity | 68389 |
| that is the owner or manager in operating facilities providing | 68390 |
| care to adults. The director may, in accordance with Chapter 119. | 68391 |
| of the Revised Code, deny a license if the past record indicates | 68392 |
| that the owner or manager is not suitable to own or manage an | 68393 |
| adult care facility. | 68394 |
| The license shall contain the name and address of the | 68395 |
| facility for which it was issued, the date of expiration of the | 68396 |
| license, and the maximum number of residents that may be | 68397 |
| accommodated by the facility. A license for an adult care facility | 68398 |
| shall be valid for a period of two years after the date of | 68399 |
| issuance. No single facility may be licensed to operate as more | 68400 |
| than one adult care facility. | 68401 |
| | 68402 |
| 68403 | |
| 68404 | |
| 68405 | |
| 68406 | |
| 68407 | |
| 68408 | |
| 68409 | |
| 68410 |
| (B) The director shall renew a license for a two-year period | 68411 |
| if the facility continues to be in compliance with the | 68412 |
| requirements of this chapter and in substantial compliance with | 68413 |
| the rules adopted under this chapter. The owner shall submit a | 68414 |
| nonrefundable license renewal application fee in an amount | 68415 |
| established in rules adopted by the public health council pursuant | 68416 |
| to this chapter. Before the license of an adult group home is | 68417 |
| renewed, if any alterations have been made to the buildings, a | 68418 |
| certificate of occupancy for the facility shall have been issued | 68419 |
|
by the division of | 68420 |
| of commerce or a local certified building department. The facility | 68421 |
| shall have water and sewage system approvals, if required by law, | 68422 |
| and, in the case of an adult group home, documentation of | 68423 |
| continued compliance with the rules adopted by the state fire | 68424 |
| marshal under division (F) of section 3737.83 of the Revised Code. | 68425 |
| (C) | 68426 |
| make at least one unannounced inspection of an adult care facility | 68427 |
| 68428 | |
| facility to determine whether a license should be issued or | 68429 |
| renewed, and may make additional unannounced inspections as the | 68430 |
| director considers necessary. Other inspections may be made at any | 68431 |
|
time that the director
considers
appropriate. | 68432 |
| The director shall take all reasonable actions to avoid | 68433 |
| giving notice of an inspection by the manner in which the | 68434 |
|
inspection is scheduled or performed. | 68435 |
| If an inspection is conducted to investigate an alleged | 68436 |
| violation of the requirements of this chapter in a facility with | 68437 |
| residents referred by or receiving services from a mental health | 68438 |
| agency or ADAMHS board or a facility with residents receiving | 68439 |
| assistance under the residential state supplement program | 68440 |
| administered by the department of aging pursuant to section 173.35 | 68441 |
| of the Revised Code, the director shall coordinate the inspection | 68442 |
| with the appropriate mental health agency, ADAMHS board, or | 68443 |
| PASSPORT administrative agency. As the director considers | 68444 |
| appropriate, the director shall conduct the inspection jointly | 68445 |
| with the mental health agency, ADAMHS board, or PASSPORT | 68446 |
| administrative agency. | 68447 |
| Not later than sixty days after the date of an inspection of | 68448 |
| a facility, the director shall send a report of the inspection to | 68449 |
|
the ombudsperson
in
whose region
the facility is located. | 68450 |
| (2) The state fire marshal or fire prevention officer of a | 68451 |
| municipal, township, or other legally constituted fire department | 68452 |
| approved by the state fire marshal shall inspect an adult group | 68453 |
| home seeking a license or renewal under this chapter as an adult | 68454 |
| care facility prior to issuance of a license or renewal, at least | 68455 |
| once annually thereafter, and at any other time at the request of | 68456 |
| the director, to determine compliance with the rules adopted under | 68457 |
| division (F) of section 3737.83 of the Revised Code. | 68458 |
| (D) The director may waive any of the licensing requirements | 68459 |
| 68460 | |
| 68461 | |
| pursuant to this chapter upon written request of the facility. The | 68462 |
| director may grant a waiver if the director determines that the | 68463 |
| strict application of the licensing requirement would cause undue | 68464 |
| hardship to the facility and that granting the waiver would not | 68465 |
| jeopardize the health or safety of any resident. The director may | 68466 |
| provide a facility with an informal hearing concerning the denial | 68467 |
| of a waiver request, but the facility shall not be entitled to a | 68468 |
| hearing under Chapter 119. of the Revised Code unless the director | 68469 |
| takes an action that requires a hearing to be held under section | 68470 |
| 3722.05 of the Revised Code. | 68471 |
| (E)(1) Not later than thirty days after each of the | 68472 |
| following, the owner of an adult care facility shall submit an | 68473 |
| inspection fee of twenty dollars for each bed for which the | 68474 |
| facility is licensed: | 68475 |
| (a) Issuance or renewal of a license | 68476 |
| 68477 |
| (b) The unannounced inspection required by division (C)(1) of | 68478 |
| this section that is in addition to the inspection conducted to | 68479 |
| determine whether a license should be issued or renewed; | 68480 |
| (c) If, during an inspection conducted in addition to the two | 68481 |
| inspections required by division (C)(1) of this section, the | 68482 |
| facility was found to be in violation of this chapter or the rules | 68483 |
| adopted under it, receipt by the facility of the report of that | 68484 |
| investigation. | 68485 |
| (2) The director may revoke the license of any adult care | 68486 |
| facility that fails to submit the fee within the thirty-day | 68487 |
| period. | 68488 |
| (3) All inspection fees received by the director, all civil | 68489 |
| penalties assessed under section 3722.08 of the Revised Code, all | 68490 |
| fines imposed under section 3722.99 of the Revised Code, and all | 68491 |
| license application and renewal application fees received under | 68492 |
| division (F) of section 3722.02 of the Revised Code or under | 68493 |
| division (B) of this section shall be deposited into the general | 68494 |
| operations fund created in section 3701.83 of the Revised Code and | 68495 |
| shall be used only to pay the costs of administering and enforcing | 68496 |
| the requirements of this chapter and rules adopted under it. | 68497 |
| (F)(1) An owner shall inform the director in writing of any | 68498 |
| changes in the information contained in the statement of ownership | 68499 |
| made pursuant to division (C) of section 3722.02 of the Revised | 68500 |
| Code or in the identity of the manager, not later than ten days | 68501 |
| after the change occurs. | 68502 |
| (2) An owner who sells or transfers an adult care facility | 68503 |
| shall be responsible and liable for the following: | 68504 |
| (a) Any civil penalties imposed against the facility under | 68505 |
| section 3722.08 of the Revised Code for violations that occur | 68506 |
| before the date of transfer of ownership or during any period in | 68507 |
| which the seller or the seller's agent operates the facility; | 68508 |
| (b) Any outstanding liability to the state, unless the buyer | 68509 |
| or transferee has agreed, as a condition of the sale or transfer, | 68510 |
| to accept the outstanding liabilities and to guarantee their | 68511 |
| payment, except that if the buyer or transferee fails to meet | 68512 |
| these obligations the seller or transferor shall remain | 68513 |
| responsible for the outstanding liability. | 68514 |
| (G) The director shall annually publish a list of licensed | 68515 |
|
adult care facilities, facilities | 68516 |
|
been
revoked
| 68517 |
| has been refused, any facilities under an order suspending | 68518 |
| admissions pursuant to section 3722.07 of the Revised Code, and | 68519 |
| any facilities that have been assessed a civil penalty pursuant to | 68520 |
| section 3722.08 of the Revised Code. The director shall furnish | 68521 |
| information concerning the status of licensure of any facility to | 68522 |
| any person upon request. The director shall annually send a copy | 68523 |
| of the list to the department of job and family services, to the | 68524 |
| department of mental health, and to the department of aging. | 68525 |
| Sec. 3722.041. (A) Sections 3781.06 to 3781.18 and 3791.04 | 68526 |
| of the Revised Code do not apply to an adult family home for which | 68527 |
| application is made to the director of health for licensure as an | 68528 |
| adult care facility under this chapter. Adult family homes shall | 68529 |
| not be required to submit evidence to the director of health that | 68530 |
| the home has been inspected by a local certified building | 68531 |
|
department or the division of
| 68532 |
| department of commerce or by the state fire marshal or a fire | 68533 |
| prevention officer under section 3722.02 of the Revised Code, but | 68534 |
| shall be inspected by the director of health to determine | 68535 |
| compliance with this section. An inspection made under this | 68536 |
| section may be made at the same time as an inspection made under | 68537 |
| section 3722.04 of the Revised Code. | 68538 |
| (B) The director shall not license or renew the license of an | 68539 |
| adult family home unless it meets the fire protection standards | 68540 |
| established by rules adopted by the public health council pursuant | 68541 |
| to this chapter. | 68542 |
| Sec. 3722.05. | 68543 |
| comply with any requirement of this chapter or with any rule | 68544 |
| adopted pursuant to this chapter, the director of health may do | 68545 |
| any one or all of the following: | 68546 |
| | 68547 |
| deny, revoke, or refuse to renew the license of the facility; | 68548 |
| | 68549 |
| violation, in accordance with section 3722.06 of the Revised Code; | 68550 |
| | 68551 |
| to the facility, in accordance with section 3722.07 of the Revised | 68552 |
| Code; | 68553 |
| | 68554 |
| 3722.08 of the Revised Code; | 68555 |
| | 68556 |
| relief in accordance with section 3722.09 of the Revised Code. | 68557 |
| | 68558 |
| 68559 | |
| 68560 | |
| 68561 | |
| 68562 | |
| 68563 | |
| 68564 | |
| 68565 | |
| 68566 | |
| 68567 |
| | 68568 |
| 68569 | |
| 68570 | |
| 68571 | |
| 68572 |
| Sec. 3722.06. Except as otherwise provided in sections | 68573 |
| 3722.07 to 3722.09 of the Revised Code and except in cases of | 68574 |
| violations that jeopardize the health and safety of any of the | 68575 |
| residents, if the director determines that a licensed adult care | 68576 |
| facility is in violation of this chapter or of rules adopted | 68577 |
|
pursuant to this
chapter, | 68578 |
| an opportunity to correct the violation. The director shall notify | 68579 |
|
the facility of the
violation | 68580 |
| 68581 | |
|
the
corrections. Notice of the violation | 68582 |
| 68583 | |
| the statute or rule violated. The director shall state the action | 68584 |
|
that | 68585 |
| within the specified period of time. | 68586 |
| The facility shall submit to the director a plan of | 68587 |
| correction stating the actions that will be taken to correct the | 68588 |
| violation. The director shall conduct an inspection to determine | 68589 |
| whether the facility has corrected the violation in accordance | 68590 |
| with the plan of correction. | 68591 |
| If the director determines that the facility has failed to | 68592 |
| correct the violation in accordance with the plan of correction, | 68593 |
| the director may impose a penalty under section 3722.08 of the | 68594 |
|
Revised Code. If the director | 68595 |
| license of the facility should be revoked or should not be renewed | 68596 |
| because the facility has failed to correct the violation within | 68597 |
| the time specified or because the violation jeopardizes the health | 68598 |
| or safety of any of the residents, the director shall revoke or | 68599 |
| refuse to renew the license in accordance with Chapter 119. of the | 68600 |
| Revised Code. | 68601 |
| Sec. 3722.08. (A) If the director of health determines that | 68602 |
| an adult care facility is in violation of this chapter or rules | 68603 |
| adopted under it, the director may impose a civil penalty on the | 68604 |
| owner of the facility, pursuant to rules adopted by the public | 68605 |
|
health council under this
chapter | 68606 |
| The director shall determine the classification and amount of the | 68607 |
| penalty by considering the following factors: | 68608 |
| (1) The gravity of the violation, the severity of the actual | 68609 |
| or potential harm, and the extent to which the provisions of this | 68610 |
| chapter or rules adopted under it were violated; | 68611 |
| (2) Actions taken by the owner or manager to correct the | 68612 |
| violation; | 68613 |
| (3) The number, if any, of previous violations by the adult | 68614 |
| care facility. | 68615 |
| (B) The director shall give written notice of the order | 68616 |
| imposing a civil penalty to the adult care facility by certified | 68617 |
| mail, return receipt requested, or shall provide for delivery of | 68618 |
| the notice in person. The notice shall specify the classification | 68619 |
| of the violation as determined by rules adopted by the public | 68620 |
| health council pursuant to this chapter, the amount of the penalty | 68621 |
| and the rate of interest, the action that is required to be taken | 68622 |
| to correct the violation, the time within which it is to be | 68623 |
| corrected as specified in division (C) of this section, and the | 68624 |
| procedures for the facility to follow to request a conference on | 68625 |
| the order imposing a civil penalty. If the facility requests a | 68626 |
| conference in a letter mailed or delivered not later than two | 68627 |
| working days after it has received the notice, the director shall | 68628 |
| hold a conference with representatives of the facility concerning | 68629 |
| the civil penalty. The conference shall be held not later than | 68630 |
| seven days after the director receives the request. The conference | 68631 |
| shall be conducted as prescribed in division (C) of section | 68632 |
| 3722.07 of the Revised Code. If the director issues an order | 68633 |
| upholding the civil penalty, the facility may request an | 68634 |
| adjudication hearing pursuant to Chapter 119. of the Revised Code, | 68635 |
| but the order of the director shall be in effect during | 68636 |
| proceedings instituted pursuant to that chapter until a final | 68637 |
| adjudication is made. | 68638 |
| (C) The director shall order that the condition or practice | 68639 |
| constituting a class I violation be abated or eliminated within | 68640 |
| twenty-four hours or any longer period that the director considers | 68641 |
| reasonable. The notice for a class II or a class III violation | 68642 |
| shall specify a time within which the violation is required to be | 68643 |
| corrected. | 68644 |
| (D) If the facility does not request a conference or if, | 68645 |
| after a conference, it fails to take action to correct a violation | 68646 |
| in the time prescribed by the director, the director shall issue | 68647 |
| an order upholding the penalty, plus interest at the rate | 68648 |
| specified in section 1343.03 of the Revised Code for each day | 68649 |
| beyond the date set for payment of the penalty. The director may | 68650 |
| waive the interest payment for the period prior to the conference | 68651 |
| if the director concludes that the conference was necessitated by | 68652 |
| a legitimate dispute. | 68653 |
| (E) The director may cancel or reduce the penalty for a class | 68654 |
| I violation if the facility corrects the violation within the time | 68655 |
|
specified in the notice | 68656 |
| impose the penalty even though the facility has corrected the | 68657 |
| violation if a resident suffers physical harm because of the | 68658 |
|
violation or | 68659 |
|
the same violation | 68660 |
| 68661 | |
|
director | 68662 |
| violation if the facility corrects the violation within the time | 68663 |
|
specified in the
notice | 68664 |
| cited previously for the same violation. Each day of a violation | 68665 |
| of any class, after the date the director sets for abatement or | 68666 |
| elimination, constitutes a separate and additional violation. | 68667 |
| (F) If an adult care facility fails to pay a penalty imposed | 68668 |
| under this section, the director may commence a civil action to | 68669 |
| collect the penalty. The license of an adult care facility that | 68670 |
| has failed to pay a penalty imposed under this section shall not | 68671 |
| be renewed until the penalty has been paid. | 68672 |
| (G) If a penalty is imposed under this section, a fine shall | 68673 |
| not be imposed under section 3722.99 of the Revised Code for the | 68674 |
| same violation. | 68675 |
| | 68676 |
| 68677 | |
| 68678 |
| | 68679 |
| 68680 |
| | 68681 |
| 68682 |
| | 68683 |
| 68684 | |
| 68685 |
| Sec. 3722.09. (A) If the director of health determines that | 68686 |
| the operation of an adult care facility jeopardizes the health or | 68687 |
| safety of any of the residents of the facility or if the director | 68688 |
| determines that an adult care facility is operating without a | 68689 |
| license, the director may petition the court of common pleas in | 68690 |
| the county in which the facility is located for appropriate | 68691 |
|
injunctive relief against the facility. | 68692 |
| is granted against a facility for operating without a license and | 68693 |
| the facility continues to operate without a license, the director | 68694 |
| shall refer the case to the attorney general for further action. | 68695 |
| (B) The court petitioned under division (A) of this section | 68696 |
| shall grant injunctive relief upon a showing that the operation of | 68697 |
| the facility jeopardizes the health or safety of any of the | 68698 |
| residents of the facility or that the facility is operating | 68699 |
| without a license. When the court grants injunctive relief in the | 68700 |
| case of a facility operating without a license, the court shall | 68701 |
| issue, at a minimum, an order enjoining the facility from | 68702 |
| admitting new residents to the facility and an order requiring the | 68703 |
| facility to assist resident rights advocates with the safe and | 68704 |
| orderly relocation of the facility's residents. | 68705 |
| Sec. 3722.10. (A) The public health council shall have the | 68706 |
| exclusive authority to adopt, and the council shall adopt, rules | 68707 |
| 68708 | |
| licensing and operation of adult care facilities. The rules shall | 68709 |
| be adopted in accordance with Chapter 119. of the Revised Code and | 68710 |
| shall specify all of the following: | 68711 |
| (1) Procedures for the issuance, renewal, and revocation of | 68712 |
|
licenses | 68713 |
| waivers, and for the issuance and termination of orders of | 68714 |
| suspension of admission pursuant to section 3722.07 of the Revised | 68715 |
| Code; | 68716 |
| (2) The qualifications required for owners, managers, and | 68717 |
| employees of adult care facilities, including character, training, | 68718 |
| education, experience, and financial resources and the number of | 68719 |
| staff members required in a facility; | 68720 |
| (3) Adequate space, equipment, safety, and sanitation | 68721 |
| standards for the premises of adult care facilities, and fire | 68722 |
| protection standards for adult family homes as required by section | 68723 |
| 3722.041 of the Revised Code; | 68724 |
| (4) The personal, social, dietary, and recreational services | 68725 |
| to be provided to each resident of adult care facilities; | 68726 |
| (5) Rights of residents of adult care facilities, in addition | 68727 |
| to the rights enumerated under section 3722.12 of the Revised | 68728 |
| Code, and procedures to protect and enforce the rights of these | 68729 |
| residents; | 68730 |
| (6) Provisions for keeping records of residents and for | 68731 |
| maintaining the confidentiality of the records as required by | 68732 |
| division (B) of section 3722.12 of the Revised Code. The | 68733 |
| provisions for maintaining the confidentiality of records shall, | 68734 |
| at the minimum, meet the requirements for maintaining the | 68735 |
| confidentiality of records under Title XIX of the "Social Security | 68736 |
| Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations | 68737 |
| promulgated thereunder. | 68738 |
| (7) Measures to be taken by adult care facilities relative to | 68739 |
| residents' medication, including policies and procedures | 68740 |
| concerning medication, storage of medication in a locked area, and | 68741 |
| disposal of medication and assistance with self-administration of | 68742 |
| medication, if the facility provides assistance; | 68743 |
| (8) Requirements for initial and periodic health assessments | 68744 |
| of prospective and current adult care facility residents by | 68745 |
| physicians or other health professionals to ensure that they do | 68746 |
| not require a level of care beyond that which is provided by the | 68747 |
| adult care facility, including assessment of their capacity to | 68748 |
| self-administer the medications prescribed for them; | 68749 |
| (9) Requirements relating to preparation of special diets; | 68750 |
| (10) The amount of the fees for new and renewal license | 68751 |
| applications made pursuant to sections 3722.02 and 3722.04 of the | 68752 |
| Revised Code; | 68753 |
| (11) Measures to be taken by any employee of the state or any | 68754 |
| political subdivision of the state authorized by this chapter to | 68755 |
| enter an adult care facility to inspect the facility or for any | 68756 |
| other purpose, to ensure that the employee respects the privacy | 68757 |
| and dignity of residents of the facility, cooperates with | 68758 |
| residents of the facility and behaves in a congenial manner toward | 68759 |
| them, and protects the rights of residents; | 68760 |
| (12) How an owner or manager of an adult care facility is to | 68761 |
|
comply with section 3722.18 of the Revised Code. | 68762 |
|
the rules shall | 68763 |
| | 68764 |
|
to follow
under division (A) | 68765 |
| Code regarding referrals to the facility of prospective residents | 68766 |
| with mental illness or severe mental disability and effective | 68767 |
| arrangements for ongoing mental health services for such | 68768 |
| prospective residents. The procedures may provide for any of the | 68769 |
| following: | 68770 |
| | 68771 |
| 68772 | |
| 68773 | |
| 68774 | |
| 68775 | |
| 68776 |
| | 68777 |
| addiction, and mental health service district in which the | 68778 |
| facility is located sign a mental health resident program | 68779 |
| participation agreement, as developed by the director of mental | 68780 |
| health under section 5119.613 of the Revised Code; | 68781 |
| (b) That the owner or manager comply with the requirements of | 68782 |
| its mental health resident program participation agreement; | 68783 |
| (c) That the owner or manager and the mental health agencies | 68784 |
|
and
ADAMHS boards | 68785 |
| 68786 | |
| develop and sign a mental health plan for ongoing mental health | 68787 |
| services for each such prospective resident; | 68788 |
| | 68789 |
| council in consultation with the director of health and director | 68790 |
| of mental health regarding referrals and effective arrangements | 68791 |
| for ongoing mental health services for prospective residents with | 68792 |
| mental illness. | 68793 |
| | 68794 |
| 68795 |
| (13) Any other rules necessary for the administration and | 68796 |
| enforcement of this chapter. | 68797 |
| (B) After consulting with relevant constituencies, the | 68798 |
| director of mental health shall prepare and submit to the director | 68799 |
| of health recommendations for the content of rules to be adopted | 68800 |
|
under
division (A)(12) of this section. | 68801 |
| 68802 | |
| 68803 |
| (C) The director of health shall advise adult care facilities | 68804 |
| regarding compliance with the requirements of this chapter and | 68805 |
| with the rules adopted pursuant to this chapter. | 68806 |
| (D) Any duty or responsibility imposed upon the director of | 68807 |
| health by this chapter may be carried out by an employee of the | 68808 |
| department of health. | 68809 |
| (E) Employees of the department of health may enter, for the | 68810 |
| purposes of investigation, any institution, residence, facility, | 68811 |
| or other structure which has been reported to the department as, | 68812 |
| or that the department has reasonable cause to believe is, | 68813 |
| operating as an adult care facility without a valid license. | 68814 |
| Sec. 3722.13. (A) Each adult care facility shall establish a | 68815 |
| written residents' rights policy containing the text of sections | 68816 |
| 3722.12 and 3722.14 of the Revised Code and rules adopted by the | 68817 |
| public health council pursuant to this chapter, a discussion of | 68818 |
| the rights and responsibilities of residents under that section, | 68819 |
| and the text of any additional rule for residents promulgated by | 68820 |
| the facility. At the time of admission the manager shall give a | 68821 |
|
copy of the residents' rights policy to the
resident and | 68822 |
| resident's sponsor, if any, and explain the contents of the policy | 68823 |
| to them. The facility shall establish procedures for facilitating | 68824 |
| the residents' exercise of their rights. | 68825 |
| (B) Each adult care facility shall post prominently within | 68826 |
| the facility a copy of the residents' rights listed in division | 68827 |
| (B) of section 3722.12 of the Revised Code and any additional | 68828 |
| residents' rights established by rules adopted by the public | 68829 |
|
health council pursuant to this chapter, | 68830 |
|
telephone numbers of the state long-term care | 68831 |
| ombudsperson and the regional | 68832 |
| ombudsperson program for the area in which the facility is | 68833 |
|
located, and | 68834 |
| number maintained by the department of health for accepting | 68835 |
| complaints. | 68836 |
| Sec. 3722.14. (A)(1) Except as provided in division (A)(2) | 68837 |
| of this section, an adult care facility may transfer or discharge | 68838 |
| a resident, in the absence of a request from the resident, only | 68839 |
| for the following reasons: | 68840 |
| (a) Charges for the resident's accommodations and services | 68841 |
| have not been paid within thirty days after the date on which they | 68842 |
| became due; | 68843 |
| (b) The mental, emotional, or physical condition of the | 68844 |
| resident requires a level of care that the facility is unable to | 68845 |
| provide; | 68846 |
| (c) The health, safety, or welfare of the resident or of | 68847 |
| another resident requires a transfer or discharge; | 68848 |
| (d) The facility's license has been revoked or renewal has | 68849 |
| been denied pursuant to this chapter; | 68850 |
| (e) The owner closes the facility; | 68851 |
| (f) The resident is relocated as the result of a court's | 68852 |
| order issued under section 3722.09 of the Revised Code as part of | 68853 |
| the injunctive relief granted against a facility that is operating | 68854 |
| without a license; | 68855 |
| (g) The resident is receiving publicly funded mental health | 68856 |
| services and the facility's mental health resident program | 68857 |
| participation agreement is terminated by the facility or ADAMHS | 68858 |
| board. | 68859 |
| (2) An adult family home may transfer or discharge a resident | 68860 |
| if transfer or discharge is required for the health, safety, or | 68861 |
| welfare of an individual who resides in the home but is not a | 68862 |
| resident for whom supervision or personal services are provided. | 68863 |
| (B)(1) The facility shall give a resident thirty days advance | 68864 |
| notice, in writing, of a proposed transfer or discharge, except | 68865 |
| that if the transfer or discharge is for a reason given in | 68866 |
|
divisions (A)(1)(b) to (g) or (A)(2) | 68867 |
| emergency exists, the notice need not be given thirty days in | 68868 |
|
advance. | 68869 |
| 68870 | |
| 68871 | |
| 68872 | |
| 68873 | |
| reasons for the proposed transfer or discharge. If the resident is | 68874 |
| entitled to a hearing as specified in division (B)(2) of this | 68875 |
| section, the written notice shall outline the procedure for the | 68876 |
| resident to follow in requesting a hearing. | 68877 |
| (2) A resident may request a hearing if a proposed transfer | 68878 |
| or discharge is based on reason given in division (A)(1)(a) to (c) | 68879 |
|
or (A)(2) of this section. If the resident seeks a hearing, | 68880 |
| resident shall submit a request to the director not later than ten | 68881 |
| days after receiving the written notice. The director shall hold | 68882 |
| the hearing not later than ten days after receiving the request. A | 68883 |
| representative of the director shall preside over the hearing and | 68884 |
| shall issue a written recommendation of action to be taken by the | 68885 |
| director not later than three days after the hearing. The director | 68886 |
| shall issue an order regarding the transfer or discharge not later | 68887 |
| than two days after receipt of the recommendation. The order may | 68888 |
| prohibit or place conditions on the discharge or transfer. In the | 68889 |
| case of a transfer, the order may require that the transfer be to | 68890 |
| an institution or facility specified by the director. The hearing | 68891 |
| is not subject to section 121.22 of the Revised Code. The public | 68892 |
| health council shall adopt rules governing any additional | 68893 |
| procedures necessary for conducting the hearing. | 68894 |
| (C)(1) The owner of an adult care facility who is closing the | 68895 |
| facility shall inform the director of health in writing at least | 68896 |
| thirty days prior to the proposed date of closing. At the same | 68897 |
|
time, the owner or manager shall inform each resident, | 68898 |
|
resident's
guardian, | 68899 |
| organization or agency acting on behalf of the resident, of the | 68900 |
| closing of the facility and the date of the closing. | 68901 |
| (2) Immediately upon receiving notice that a facility is to | 68902 |
| be closed, the director shall monitor the transfer of residents to | 68903 |
| other facilities and ensure that residents' rights are protected. | 68904 |
|
The director shall notify the | 68905 |
| in which the facility is located of the closing. | 68906 |
| (3) All charges shall be prorated as of the date on which the | 68907 |
| facility closes. If payments have been made in advance, the | 68908 |
| payments for services not rendered shall be refunded to the | 68909 |
| resident or the resident's guardian not later than seven days | 68910 |
| after the closing of the facility. | 68911 |
| (4) Immediately upon the closing of a facility, the owner | 68912 |
| shall surrender the license to the director, and the license shall | 68913 |
| be canceled. | 68914 |
| Sec. 3722.15. (A) The following may enter an adult care | 68915 |
| facility at any time: | 68916 |
| (1) Employees designated by the director of health; | 68917 |
| (2) Employees designated by the director of aging; | 68918 |
| (3) Employees designated by the attorney general; | 68919 |
| (4) Employees designated by a county department of job and | 68920 |
| family services to implement sections 5101.60 to 5101.71 of the | 68921 |
| Revised Code; | 68922 |
| (5) Persons employed pursuant to division (M) of section | 68923 |
|
173.01 of the Revised Code in the
long-term care | 68924 |
| ombudsperson program; | 68925 |
| (6) Employees of the department of mental health designated | 68926 |
| by the director of mental health; | 68927 |
| (7) Employees of a mental health agency | 68928 |
| following circumstances: | 68929 |
| (a) When the agency has a client residing in the facility; | 68930 |
| (b) When the agency is acting as an agent of an ADAMHS board | 68931 |
| other than the board with which it is under contract; | 68932 |
| (c) When there is a mental health resident program | 68933 |
| participation agreement between the facility and the ADAMHS board | 68934 |
| with which the agency is under contract. | 68935 |
| (8) Employees of | 68936 |
| 68937 | |
| following circumstances: | 68938 |
| (a) When authorized by section 340.05 of the
Revised
Code | 68939 |
| 68940 |
| (b) When a resident of the facility is receiving mental | 68941 |
|
health services
provided by
| 68942 |
| ADAMHS board pursuant to division (A)(8)(b) of section 340.03 of | 68943 |
|
the Revised Code | 68944 |
| (c) When a resident of the facility is receiving services | 68945 |
|
from a
mental health agency under
contract with | 68946 |
|
board
| 68947 |
| (d) When there is a mental health resident program | 68948 |
| participation agreement between the facility and that ADAMHS | 68949 |
| board. | 68950 |
| | 68951 |
| this section shall be afforded access to all records of the | 68952 |
| facility, including records pertaining to residents, and may copy | 68953 |
| the records. Neither these employees nor the director of health | 68954 |
| shall release, without consent, any information obtained from the | 68955 |
| records of an adult care facility that reasonably would tend to | 68956 |
| identify a specific resident of the facility, except as ordered by | 68957 |
| a court of competent jurisdiction. | 68958 |
| (B) The following persons may enter any adult care facility | 68959 |
| during reasonable hours: | 68960 |
| (1) A resident's sponsor; | 68961 |
| (2) Residents' rights advocates; | 68962 |
| (3) A resident's attorney; | 68963 |
| (4) A minister, priest, rabbi, or other person ministering to | 68964 |
| a resident's religious needs; | 68965 |
| (5) A physician or other person providing health care | 68966 |
| services to a resident; | 68967 |
| (6) Employees authorized by county departments of job and | 68968 |
| family services and local boards of health or health departments | 68969 |
| to enter adult care facilities; | 68970 |
| (7) A prospective resident and prospective resident's | 68971 |
| sponsor. | 68972 |
| (C) The manager of an adult care facility may require a | 68973 |
| person seeking to enter the facility to present identification | 68974 |
| sufficient to identify the person as an authorized person under | 68975 |
| this section. | 68976 |
| Sec. 3722.16. (A) No person shall: | 68977 |
| (1) Operate an adult care facility unless the facility is | 68978 |
| validly licensed by the director of health under section 3722.04 | 68979 |
| of the Revised Code; | 68980 |
| (2) Admit to an adult care facility more residents than the | 68981 |
| number authorized in the facility's license; | 68982 |
| (3) Admit a resident to an adult care facility after the | 68983 |
| director has issued an order pursuant to section 3722.07 of the | 68984 |
| Revised Code suspending admissions to the facility. Violation of | 68985 |
| division (A)(3) of this section is cause for revocation of the | 68986 |
| facility's license. | 68987 |
| (4) Interfere with any authorized inspection of an adult care | 68988 |
| facility conducted pursuant to section 3722.02 or 3722.04 of the | 68989 |
| Revised Code; | 68990 |
| (5) Admit to an adult care facility a resident requiring | 68991 |
| publicly funded mental health services, unless both of the | 68992 |
| following conditions are met: | 68993 |
| (a) The ADAMHS board serving the alcohol, drug addiction, | 68994 |
| and mental health service district in which the facility is | 68995 |
| located is notified; | 68996 |
| (b) The facility and ADAMHS board have entered into a mental | 68997 |
| health resident program participation agreement by using the | 68998 |
| standardized form approved by the director of mental health under | 68999 |
| section 5119.613 of the Revised Code. | 69000 |
| (6) Violate any of the provisions of this chapter or any of | 69001 |
| the rules adopted pursuant to it. | 69002 |
| (B) No adult care facility shall provide, or admit or retain | 69003 |
| any resident in need of, skilled nursing care unless all of the | 69004 |
|
following conditions are | 69005 |
| (1) The care will be provided on a part-time, intermittent | 69006 |
| basis for not more than a total of one hundred twenty days in any | 69007 |
| twelve-month period. | 69008 |
| (2) The care will be provided by one or more of the | 69009 |
| following: | 69010 |
| (a) A home health agency certified under Title XVIII of the | 69011 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 69012 |
|
amended | 69013 |
| (b) A hospice care program licensed under Chapter 3712. of | 69014 |
| the Revised Code; | 69015 |
| (c) A nursing home licensed under Chapter 3721. of the | 69016 |
| Revised Code and owned and operated by the same person and located | 69017 |
| on the same site as the adult care facility; | 69018 |
| (d) A mental health agency or, pursuant to division (A)(8)(b) | 69019 |
|
of section 340.03 of the Revised Code, | 69020 |
| 69021 |
| | 69022 |
| otherwise used by any of the entities specified in division (B)(2) | 69023 |
| of this section to perform the skilled nursing care is authorized | 69024 |
| under the laws of this state to perform the care by being | 69025 |
| appropriately licensed, as specified in rules adopted under | 69026 |
| division (G) of this section. | 69027 |
| (4) The staff of the | 69028 |
| 69029 | |
| 69030 | |
| providing the skilled nursing care does not train the adult care | 69031 |
| facility staff to provide the skilled nursing care; | 69032 |
| | 69033 |
| provided is suffering from a short-term illness; | 69034 |
| | 69035 |
| nursing staff of a nursing home, all of the following are the | 69036 |
| case: | 69037 |
| (a) The adult care facility evaluates the individual | 69038 |
| receiving the skilled nursing care at least once every seven days | 69039 |
| to determine whether the individual should be transferred to a | 69040 |
| nursing home; | 69041 |
| (b) The adult care facility meets at all times staffing | 69042 |
| requirements established by rules adopted under section 3722.10 of | 69043 |
| the Revised Code; | 69044 |
| (c) The nursing home does not include the cost of providing | 69045 |
| skilled nursing care to the adult care facility residents in a | 69046 |
| cost report filed under section 5111.26 of the Revised Code; | 69047 |
| (d) The nursing home meets at all times the nursing home | 69048 |
| licensure staffing ratios established by rules adopted under | 69049 |
| section 3721.04 of the Revised Code; | 69050 |
| (e) The nursing home staff providing skilled nursing care to | 69051 |
| adult care facility residents are registered nurses or licensed | 69052 |
| practical nurses licensed under Chapter 4723. of the Revised Code | 69053 |
| and meet the personnel qualifications for nursing home staff | 69054 |
| established by rules adopted under section 3721.04 of the Revised | 69055 |
| Code; | 69056 |
| (f) The skilled nursing care is provided in accordance with | 69057 |
| rules established for nursing homes under section 3721.04 of the | 69058 |
| Revised Code; | 69059 |
| (g) The nursing home meets the skilled nursing care needs of | 69060 |
| the adult care facility residents; | 69061 |
| (h) Using the nursing home's nursing staff does not prevent | 69062 |
| the nursing home or adult care facility from meeting the needs of | 69063 |
| the nursing home and adult care facility residents in a quality | 69064 |
| and timely manner. | 69065 |
| (7) No adult care facility staff shall provide skilled | 69066 |
| nursing care. | 69067 |
| Notwithstanding section 3721.01 of the Revised Code, an adult | 69068 |
| care facility in which residents receive skilled nursing care as | 69069 |
| described in division (B) of this section is not a nursing home. | 69070 |
| 69071 |
| (C) A home health agency or hospice care program that | 69072 |
| provides skilled nursing care pursuant to division (B) of this | 69073 |
| section may not be associated with the adult care facility unless | 69074 |
| the facility is part of a home for the aged as defined in section | 69075 |
| 5701.13 of the Revised Code or the adult care facility is owned | 69076 |
| and operated by the same person and located on the same site as a | 69077 |
| nursing home licensed under Chapter 3721. of the Revised Code that | 69078 |
| is associated with the home health agency or hospice care program. | 69079 |
| In addition, the following requirements shall be met: | 69080 |
| (1) The adult care facility shall evaluate the individual | 69081 |
| receiving the skilled nursing care not less than once every seven | 69082 |
| days to determine whether the individual should be transferred to | 69083 |
| a nursing home; | 69084 |
| (2) If the costs of providing the skilled nursing care are | 69085 |
| included in a cost report filed pursuant to section 5111.26 of the | 69086 |
| Revised Code by the nursing home that is part of the same home for | 69087 |
| the aged, the home health agency or hospice care program shall not | 69088 |
| seek reimbursement for the care under the medical assistance | 69089 |
| program established under Chapter 5111. of the Revised Code. | 69090 |
| (D) | 69091 |
| of any person in an adult care facility that is operating without | 69092 |
| a license. | 69093 |
| | 69094 |
| ADAMHS board | 69095 |
| 69096 | |
| shall place or recommend placement of any person in an adult care | 69097 |
|
facility if the employee knows | 69098 |
| (1) That the facility cannot meet the needs of the potential | 69099 |
| resident; | 69100 |
| (2) That placement of the resident would cause the facility | 69101 |
| to exceed its licensed capacity; | 69102 |
| (3) That an enforcement action initiated by the director of | 69103 |
| health is pending and may result in the revocation of or refusal | 69104 |
| to renew the facility's license; | 69105 |
| (4) That the potential resident is receiving or is eligible | 69106 |
| for publicly funded mental health services and the facility has | 69107 |
| not entered into a mental health resident program participation | 69108 |
| agreement. | 69109 |
| | 69110 |
| facility is operating without a license shall fail to report this | 69111 |
| information to the director of health. | 69112 |
| | 69113 |
|
the
public health council shall adopt rules | 69114 |
| purposes of division (B) of this section that do all of the | 69115 |
| following: | 69116 |
| (1) Define a short-term illness for purposes of division | 69117 |
|
(B) | 69118 |
| (2) Specify, consistent with rules pertaining to home health | 69119 |
| care adopted by the director of job and family services under the | 69120 |
| medical assistance program established under Chapter 5111. of the | 69121 |
| Revised Code and Title XIX of the "Social Security Act," 49 Stat. | 69122 |
| 620 (1935), 42 U.S.C. 301, as amended, what constitutes a | 69123 |
| part-time, intermittent basis for purposes of division (B)(1) of | 69124 |
| this section; | 69125 |
| (3) Specify what constitutes being appropriately licensed for | 69126 |
| purposes of division (B)(3) of this section. | 69127 |
| Sec. 3722.17. (A) Any person who believes that an adult care | 69128 |
| facility is in violation of this chapter or of any of the rules | 69129 |
| promulgated pursuant to it may report the information to the | 69130 |
| director of health. The director shall investigate each report | 69131 |
| made under this section or section 3722.16 of the Revised Code and | 69132 |
| shall inform the facility of the results of the investigation. | 69133 |
| When investigating a report made pursuant to section 340.05 of the | 69134 |
|
Revised Code, the director shall consult with the ADAMHS board | 69135 |
| 69136 | |
| report. The director shall keep a record of the investigation and | 69137 |
| the action taken as a result of the investigation. | 69138 |
| The director shall not reveal, without consent, the identity | 69139 |
| of a person who makes a report under this section or division | 69140 |
| 69141 | |
| a specific resident or residents referred to in such a report, or | 69142 |
| any other information that could reasonably be expected to reveal | 69143 |
| the identity of the person making the report or the resident or | 69144 |
| residents referred to in the report, except that the director may | 69145 |
| provide this information to a government agency responsible for | 69146 |
| enforcing laws applying to adult care facilities. | 69147 |
| (B) Any person who believes that a resident's rights under | 69148 |
| sections 3722.12 to 3722.15 of the Revised Code have been violated | 69149 |
|
may report the information to the state | 69150 |
| 69151 | |
|
program for the area in which the facility is located, or | 69152 |
| director of health. If the person believes that the resident has | 69153 |
| mental illness or severe mental disability and is suffering abuse | 69154 |
| or neglect, the person may report the information to the ADAMHS | 69155 |
|
board | 69156 |
| serving the alcohol, drug addiction, and mental health service | 69157 |
| district in which the adult care facility is located or a mental | 69158 |
| health agency under contract with the board in addition to or | 69159 |
| instead of the ombudsperson, regional program, or director. | 69160 |
| (C) Any person who makes a report pursuant to division (A) or | 69161 |
|
(B) of this section or division | 69162 |
| the Revised Code or any person who participates in an | 69163 |
| administrative or judicial proceeding resulting from such a report | 69164 |
| is immune from any civil liability or criminal liability, other | 69165 |
| than perjury, that might otherwise be incurred or imposed as a | 69166 |
| result of these actions, unless the person has acted in bad faith | 69167 |
| or with malicious purpose. | 69168 |
| Sec. 3722.18. Before an adult care facility admits a | 69169 |
| prospective resident who the owner or manager of the facility | 69170 |
| knows has been assessed as having a mental illness or severe | 69171 |
|
mental disability, the owner or manager | 69172 |
|
both of the
following | 69173 |
| 69174 |
| (A) If the prospective resident is referred to the facility | 69175 |
|
by a
mental health agency or ADAMHS board | 69176 |
| 69177 |
| | 69178 |
| 69179 | |
| 69180 | |
| 69181 | |
| 69182 | |
| 69183 | |
| 69184 | |
| 69185 | |
| 69186 |
| | 69187 |
| 69188 | |
|
or manager shall follow procedures established
in | 69189 |
| adopted under division (A)(12) of section 3722.10 of the Revised | 69190 |
| Code regarding referrals and effective arrangements for ongoing | 69191 |
| mental health services. | 69192 |
| (B) If the prospective resident is not referred to the | 69193 |
|
facility
by a mental health agency or ADAMHS board | 69194 |
| 69195 | |
|
owner or
manager | 69196 |
| prospective resident in obtaining appropriate mental health | 69197 |
| services and document the offer of assistance in accordance with | 69198 |
| rules adopted under division (A)(12) of section 3722.10 of the | 69199 |
| Revised Code. | 69200 |
| Sec. 3722.99. Whoever violates division (A) | 69201 |
|
section 3722.16 of the
Revised Code shall be fined | 69202 |
| two thousand dollars for a first offense; for each subsequent | 69203 |
|
offense, such person shall be fined | 69204 |
| Whoever violates division (C) of section 3722.12 or division | 69205 |
| (A)(2), (3), (4), (5) or (6), (B), (C), (D), (E), or (F) of | 69206 |
|
section
3722.16 of the Revised Code shall be
fined | 69207 |
| hundred dollars for a first offense; for each subsequent offense, | 69208 |
|
such
person shall be fined | 69209 |
| Sec. 3727.02. (A) No person and no political subdivision, | 69210 |
| agency, or instrumentality of this state shall operate a hospital | 69211 |
| unless it is certified under Title XVIII of the "Social Security | 69212 |
| Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or is | 69213 |
|
accredited by | 69214 |
| 69215 | |
| centers for medicare and medicaid services and the director of | 69216 |
| health. | 69217 |
| (B) No person and no political subdivision, agency, or | 69218 |
| instrumentality of this state shall hold out as a hospital any | 69219 |
| health facility that is not certified or accredited as required in | 69220 |
| division (A) of this section. | 69221 |
| | 69222 |
| the court of common pleas of the county in which a hospital is | 69223 |
| located for an order enjoining any person or any political | 69224 |
| subdivision, agency, or instrumentality of this state from | 69225 |
| violating section 3727.02 of the Revised Code. Irrespective of any | 69226 |
| other remedy the director may have in law or equity, the court may | 69227 |
| grant the order upon a showing that the respondent named in the | 69228 |
| petition is violating section 3727.02 of the Revised Code. | 69229 |
| | 69230 |
| 69231 | |
| 69232 | |
| 69233 | |
|
establish, maintain, and enforce minimum standards for | 69234 |
| 69235 | |
| unit providing medical and nursing care in city and county | 69236 |
| institutions. | 69237 |
| | 69238 |
| 69239 | |
|
department of health | 69240 |
|
rules | 69241 |
| 69242 | |
| shall be adopted under Chapter 119. of the Revised Code. | 69243 |
| Sec. 3727.052. All prosecutions and proceedings by the | 69244 |
| department of health for a violation of the minimum standards | 69245 |
| established under section 3727.05 of the Revised Code, a violation | 69246 |
| of any of the rules adopted under section 3727.051 of the Revised | 69247 |
| Code, or a violation of any order issued by the department to | 69248 |
| enforce those standards or rules shall be instituted by the | 69249 |
| director of health. All fines or judgments the department | 69250 |
| collects shall be paid into the state treasury to the credit of | 69251 |
| the general revenue fund. | 69252 |
| The director may petition the court of common pleas for | 69253 |
| injunctive or other appropriate relief requiring any person | 69254 |
| committing the alleged violation to comply with the applicable | 69255 |
| standard, rule, or order. The court of common pleas of the county | 69256 |
| in which the offense is alleged to be occurring may grant such | 69257 |
| injunctive or other appropriate relief as the equities of the case | 69258 |
| require. | 69259 |
| | 69260 |
| authorized by law, the director of health may inspect any hospital | 69261 |
| if there are substantial allegations or evidence of a significant | 69262 |
| deficiency or deficiencies that would, if found to be present, | 69263 |
| adversely affect the health or safety of its patients and may make | 69264 |
| such other inspections as are necessary to enforce this chapter. | 69265 |
| Sec. 3729.07. The licensor of a recreational vehicle park, | 69266 |
| recreation camp, or combined park-camp may charge a fee for an | 69267 |
| annual license to operate such a park, camp, or park-camp. In the | 69268 |
| case of a temporary park-camp, the licensor may charge a fee for a | 69269 |
| license to operate the temporary park-camp for the period | 69270 |
| specified in division (A) of section 3729.05 of the Revised Code. | 69271 |
| The fees for both types of licenses shall be determined in | 69272 |
| accordance with section 3709.09 of the Revised Code and shall | 69273 |
| include the cost of licensing and all inspections. | 69274 |
| Except for the fee for a temporary park-camp license, the fee | 69275 |
| also shall include any additional amount determined by rule of the | 69276 |
| public health council, which shall be collected and transmitted by | 69277 |
|
the board of health to the | 69278 |
| 69279 | |
| 69280 | |
| the Revised Code and used only for the purpose of administering | 69281 |
| and enforcing this chapter and rules adopted under it. The portion | 69282 |
| of any fee retained by the board of health shall be paid into a | 69283 |
| special fund and used only for the purpose of administering and | 69284 |
| enforcing this chapter and rules adopted under it. | 69285 |
| Sec. 3733.02. (A)(1) The public health council, subject to | 69286 |
| Chapter 119. of the Revised Code, shall adopt, and has the | 69287 |
| exclusive power to adopt, rules of uniform application throughout | 69288 |
| the state governing the review of plans, issuance of flood plain | 69289 |
| management permits, and issuance of licenses for manufactured home | 69290 |
| parks; the location, layout, density, construction, drainage, | 69291 |
| sanitation, safety, and operation of those parks; and notices of | 69292 |
| flood events concerning, and flood protection at, those parks. | 69293 |
| The rules pertaining to flood plain management shall be consistent | 69294 |
| with and not less stringent than the flood plain management | 69295 |
| criteria of the national flood insurance program adopted under the | 69296 |
| "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. | 69297 |
| 4001, as amended. The rules shall not apply to the construction, | 69298 |
| erection, or manufacture of any building to which section 3781.06 | 69299 |
| of the Revised Code is applicable. | 69300 |
| (2) The rules pertaining to manufactured home parks | 69301 |
| constructed after June 30, 1971, shall specify that each home must | 69302 |
| be placed on its lot to provide not less than fifteen feet between | 69303 |
| the side of one home and the side of another home, ten feet | 69304 |
| between the end of one home and the side of another home, and five | 69305 |
| feet between the ends of two homes placed end to end. | 69306 |
| (3) The | 69307 |
| shall determine compliance with the installation, blocking, | 69308 |
| tiedown, foundation, and base support system standards for | 69309 |
| manufactured housing located in manufactured home parks adopted by | 69310 |
|
the | 69311 |
| the Revised Code. All inspections of the installation, blocking, | 69312 |
| tiedown, foundation, and base support systems of manufactured | 69313 |
| housing in a manufactured home park that the department of health | 69314 |
| or a licensor conducts shall be conducted by a person who has | 69315 |
| completed an installation training course approved by the | 69316 |
| manufactured homes commission pursuant to division (B)(12) of | 69317 |
| section 4781.04 of the Revised Code. | 69318 |
| As used in division (A)(3) of this section, "manufactured | 69319 |
| housing" has the same meaning as in section 4781.01 of the Revised | 69320 |
| Code. | 69321 |
| (B) The public health council, in accordance with Chapter | 69322 |
| 119. of the Revised Code, shall adopt rules of uniform application | 69323 |
| throughout the state establishing requirements and procedures in | 69324 |
| accordance with which the director of health may authorize | 69325 |
| licensors for the purposes of sections 3733.022 and 3733.025 of | 69326 |
| the Revised Code. The rules shall include at least provisions | 69327 |
| under which a licensor may enter into contracts for the purpose of | 69328 |
| fulfilling the licensor's responsibilities under either or both of | 69329 |
| those sections. | 69330 |
| Sec. 3733.04. The licensor of a manufactured home park may | 69331 |
| charge a fee for an annual license to operate such a park. The fee | 69332 |
| for a license shall be determined in accordance with section | 69333 |
| 3709.09 of the Revised Code and shall include the cost of | 69334 |
| licensing and all inspections. | 69335 |
| The fee also shall include any additional amount determined | 69336 |
| by rule of the public health council, which shall be collected and | 69337 |
|
transmitted by the board of health to the | 69338 |
| 69339 | |
| 69340 | |
| 3709.092 of the Revised Code and used only for the purpose of | 69341 |
| administering and enforcing sections 3733.01 to 3733.08 of the | 69342 |
| Revised Code and the rules adopted under those sections. The | 69343 |
| portion of any fee retained by the board of health shall be paid | 69344 |
| into a special fund and used only for the purpose of administering | 69345 |
| and enforcing sections 3733.01 to 3733.08 of the Revised Code and | 69346 |
| the rules adopted thereunder. | 69347 |
| Sec. 3733.25. Any fee for the license required by section | 69348 |
| 3733.24 of the Revised Code shall be determined in accordance with | 69349 |
| section 3709.09 of the Revised Code. The license fee shall include | 69350 |
| any additional amount determined by rule of the public health | 69351 |
| council, which shall be collected and transmitted by the board of | 69352 |
|
health | 69353 |
| 69354 | |
| 69355 | |
| of the Revised Code and shall be used by the director to | 69356 |
| administer and enforce sections 3733.21 to 3733.30 of the Revised | 69357 |
| Code and rules adopted thereunder. The portion of any fee retained | 69358 |
| by the health district shall be paid into a special fund which is | 69359 |
| hereby created in each health district and shall be used only by | 69360 |
| the board for the purpose of administering and enforcing sections | 69361 |
| 3733.21 to 3733.30 of the Revised Code and the rules adopted | 69362 |
| thereunder. The health district may charge additional reasonable | 69363 |
| fees for the collection and bacteriological examination of any | 69364 |
| necessary water samples taken from a marina. | 69365 |
| Sec. 3733.43. (A) Except as otherwise provided in this | 69366 |
| division, prior to the fifteenth day of April in each year, every | 69367 |
| person who intends to operate an agricultural labor camp shall | 69368 |
| make application to the licensor for a license to operate such | 69369 |
| camp, effective for the calendar year in which it is issued. The | 69370 |
| licensor may accept an application on or after the fifteenth day | 69371 |
| of April. The license fees specified in this division shall be | 69372 |
| submitted to the licensor with the application for a license. No | 69373 |
| agricultural labor camp shall be operated in this state without a | 69374 |
| license. Any person operating an agricultural labor camp without a | 69375 |
| current and valid agricultural labor camp license is not excepted | 69376 |
| from compliance with sections 3733.41 to 3733.49 of the Revised | 69377 |
| Code by holding a valid and current hotel license. Each person | 69378 |
| proposing to open an agricultural labor camp shall submit with the | 69379 |
| application for a license any plans required by any rule adopted | 69380 |
|
under section 3733.42 of the Revised Code. | 69381 |
| issued on or after July 1, 2009, the annual license fee is | 69382 |
| 69383 | |
| a license is made on or after the fifteenth day of April in any | 69384 |
| given year, in which case the annual license fee is one hundred | 69385 |
| sixty-six dollars. | 69386 |
|
2009, an additional fee
of | 69387 |
| year shall be assessed to defray the costs of enforcing sections | 69388 |
| 3733.41 to 3733.49 of the Revised Code, unless the application for | 69389 |
| a license is made on or after the fifteenth day of April in any | 69390 |
|
given year, in which case an additional fee
of | 69391 |
| dollars and fifty cents per housing unit shall be assessed. All | 69392 |
| fees collected under this division shall be deposited in the state | 69393 |
| treasury to the credit of the general operations fund created in | 69394 |
| section 3701.83 of the Revised Code and shall be used for the | 69395 |
| administration and enforcement of sections 3733.41 to 3733.49 of | 69396 |
| the Revised Code and rules adopted thereunder. | 69397 |
| (B) Any license under this section may be denied, suspended, | 69398 |
| or revoked by the licensor for violation of sections 3733.41 to | 69399 |
| 3733.49 of the Revised Code or the rules adopted thereunder. | 69400 |
| Unless there is an immediate serious public health hazard, no | 69401 |
| denial, suspension, or revocation of a license shall be made | 69402 |
| effective until the person operating the agricultural labor camp | 69403 |
| has been given notice in writing of the specific violations and a | 69404 |
| reasonable time to make corrections. When the licensor determines | 69405 |
| that an immediate serious public health hazard exists, the | 69406 |
| licensor shall issue an order denying or suspending the license | 69407 |
| without a prior hearing. | 69408 |
| (C) All proceedings under this section are subject to Chapter | 69409 |
| 119. of the Revised Code except as provided in section 3733.431 of | 69410 |
| the Revised Code. | 69411 |
| (D) Every occupant of an agricultural labor camp shall keep | 69412 |
| that part of the dwelling unit, and premises thereof, that the | 69413 |
| occupant occupies and controls in a clean and sanitary condition. | 69414 |
| Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4), | 69415 |
| (8), and (9) of this section, no person shall operate or maintain | 69416 |
| a solid waste facility without a license issued under this | 69417 |
| division by the board of health of the health district in which | 69418 |
| the facility is located or by the director of environmental | 69419 |
| protection when the health district in which the facility is | 69420 |
| located is not on the approved list under section 3734.08 of the | 69421 |
| Revised Code. | 69422 |
| During the month of December, but before the first day of | 69423 |
| January of the next year, every person proposing to continue to | 69424 |
| operate an existing solid waste facility shall procure a license | 69425 |
| under this division to operate the facility for that year from the | 69426 |
| board of health of the health district in which the facility is | 69427 |
| located or, if the health district is not on the approved list | 69428 |
| under section 3734.08 of the Revised Code, from the director. The | 69429 |
| application for such a license shall be submitted to the board of | 69430 |
| health or to the director, as appropriate, on or before the last | 69431 |
| day of September of the year preceding that for which the license | 69432 |
| is sought. In addition to the application fee prescribed in | 69433 |
| division (A)(2) of this section, a person who submits an | 69434 |
| application after that date shall pay an additional ten per cent | 69435 |
| of the amount of the application fee for each week that the | 69436 |
| application is late. Late payment fees accompanying an application | 69437 |
| submitted to the board of health shall be credited to the special | 69438 |
| fund of the health district created in division (B) of section | 69439 |
| 3734.06 of the Revised Code, and late payment fees accompanying an | 69440 |
| application submitted to the director shall be credited to the | 69441 |
| general revenue fund. A person who has received a license, upon | 69442 |
| sale or disposition of a solid waste facility, and upon consent of | 69443 |
| the board of health and the director, may have the license | 69444 |
| transferred to another person. The board of health or the director | 69445 |
| may include such terms and conditions in a license or revision to | 69446 |
| a license as are appropriate to ensure compliance with this | 69447 |
| chapter and rules adopted under it. The terms and conditions may | 69448 |
| establish the authorized maximum daily waste receipts for the | 69449 |
| facility. Limitations on maximum daily waste receipts shall be | 69450 |
| specified in cubic yards of volume for the purpose of regulating | 69451 |
| the design, construction, and operation of solid waste facilities. | 69452 |
| Terms and conditions included in a license or revision to a | 69453 |
| license by a board of health shall be consistent with, and pertain | 69454 |
| only to the subjects addressed in, the rules adopted under | 69455 |
| division (A) of section 3734.02 and division (D) of section | 69456 |
| 3734.12 of the Revised Code. | 69457 |
| (2)(a) Except as provided in divisions (A)(2)(b), (8), and | 69458 |
| (9) of this section, each person proposing to open a new solid | 69459 |
| waste facility or to modify an existing solid waste facility shall | 69460 |
| submit an application for a permit with accompanying detail plans | 69461 |
| and specifications to the environmental protection agency for | 69462 |
| required approval under the rules adopted by the director pursuant | 69463 |
| to division (A) of section 3734.02 of the Revised Code and | 69464 |
| applicable rules adopted under division (D) of section 3734.12 of | 69465 |
| the Revised Code at least two hundred seventy days before proposed | 69466 |
| operation of the facility and shall concurrently make application | 69467 |
| for the issuance of a license under division (A)(1) of this | 69468 |
| section with the board of health of the health district in which | 69469 |
| the proposed facility is to be located. | 69470 |
| (b) On and after the effective date of the rules adopted | 69471 |
| under division (A) of section 3734.02 of the Revised Code and | 69472 |
| division (D) of section 3734.12 of the Revised Code governing | 69473 |
| solid waste transfer facilities, each person proposing to open a | 69474 |
| new solid waste transfer facility or to modify an existing solid | 69475 |
| waste transfer facility shall submit an application for a permit | 69476 |
| with accompanying engineering detail plans, specifications, and | 69477 |
| information regarding the facility and its method of operation to | 69478 |
| the environmental protection agency for required approval under | 69479 |
| those rules at least two hundred seventy days before commencing | 69480 |
| proposed operation of the facility and concurrently shall make | 69481 |
| application for the issuance of a license under division (A)(1) of | 69482 |
| this section with the board of health of the health district in | 69483 |
| which the facility is located or proposed. | 69484 |
| (c) Each application for a permit under division (A)(2)(a) or | 69485 |
| (b) of this section shall be accompanied by a nonrefundable | 69486 |
| application fee of four hundred dollars that shall be credited to | 69487 |
| the general revenue fund. Each application for an annual license | 69488 |
| under division (A)(1) or (2) of this section shall be accompanied | 69489 |
| by a nonrefundable application fee of one hundred dollars. If the | 69490 |
| application for an annual license is submitted to a board of | 69491 |
| health on the approved list under section 3734.08 of the Revised | 69492 |
| Code, the application fee shall be credited to the special fund of | 69493 |
| the health district created in division (B) of section 3734.06 of | 69494 |
| the Revised Code. If the application for an annual license is | 69495 |
| submitted to the director, the application fee shall be credited | 69496 |
| to the general revenue fund. If a permit or license is issued, the | 69497 |
| amount of the application fee paid shall be deducted from the | 69498 |
| amount of the permit fee due under division (Q) of section 3745.11 | 69499 |
| of the Revised Code or the amount of the license fee due under | 69500 |
| division (A)(1), (2), (3), or (4) of section 3734.06 of the | 69501 |
| Revised Code. | 69502 |
| (d) As used in divisions (A)(2)(d), (e), and (f) of this | 69503 |
| section, "modify" means any of the following: | 69504 |
| (i) Any increase of more than ten per cent in the total | 69505 |
| capacity of a solid waste facility; | 69506 |
| (ii) Any expansion of the limits of solid waste placement at | 69507 |
| a solid waste facility; | 69508 |
| (iii) Any increase in the depth of excavation at a solid | 69509 |
| waste facility; | 69510 |
| (iv) Any change in the technique of waste receipt or type of | 69511 |
| waste received at a solid waste facility that may endanger human | 69512 |
| health, as determined by the director by rules adopted in | 69513 |
| accordance with Chapter 119. of the Revised Code. | 69514 |
| Not later than thirty-five days after submitting an | 69515 |
| application under division (A)(2)(a) or (b) of this section for a | 69516 |
| permit to open a new or modify an existing solid waste facility, | 69517 |
| the applicant, in conjunction with an officer or employee of the | 69518 |
| environmental protection agency, shall hold a public meeting on | 69519 |
| the application within the county in which the new or modified | 69520 |
| solid waste facility is or is proposed to be located or within a | 69521 |
| contiguous county. Not less than thirty days before holding the | 69522 |
| public meeting on the application, the applicant shall publish | 69523 |
| notice of the meeting in each newspaper of general circulation | 69524 |
| that is published in the county in which the facility is or is | 69525 |
| proposed to be located. If no newspaper of general circulation is | 69526 |
| published in the county, the applicant shall publish the notice in | 69527 |
| a newspaper of general circulation in the county. The notice shall | 69528 |
| contain the date, time, and location of the public meeting and a | 69529 |
| general description of the proposed new or modified facility. Not | 69530 |
| later than five days after publishing the notice, the applicant | 69531 |
| shall send by certified mail a copy of the notice and the date the | 69532 |
| notice was published to the director and the legislative authority | 69533 |
| of each municipal corporation, township, and county, and to the | 69534 |
| chief executive officer of each municipal corporation, in which | 69535 |
| the facility is or is proposed to be located. At the public | 69536 |
| meeting, the applicant shall provide information and describe the | 69537 |
| application and respond to comments or questions concerning the | 69538 |
| application, and the officer or employee of the agency shall | 69539 |
| describe the permit application process. At the public meeting, | 69540 |
| any person may submit written or oral comments on or objections to | 69541 |
| the application. Not more than thirty days after the public | 69542 |
| meeting, the applicant shall provide the director with a copy of a | 69543 |
| transcript of the full meeting, copies of any exhibits, displays, | 69544 |
| or other materials presented by the applicant at the meeting, and | 69545 |
| the original copy of any written comments submitted at the | 69546 |
| meeting. | 69547 |
| (e) Except as provided in division (A)(2)(f) of this section, | 69548 |
| prior to taking an action, other than a proposed or final denial, | 69549 |
| upon an application submitted under division (A)(2)(a) of this | 69550 |
| section for a permit to open a new or modify an existing solid | 69551 |
| waste facility, the director shall hold a public information | 69552 |
| session and a public hearing on the application within the county | 69553 |
| in which the new or modified solid waste facility is or is | 69554 |
| proposed to be located or within a contiguous county. If the | 69555 |
| application is for a permit to open a new solid waste facility, | 69556 |
| the director shall hold the hearing not less than fourteen days | 69557 |
| after the information session. If the application is for a permit | 69558 |
| to modify an existing solid waste facility, the director may hold | 69559 |
| both the information session and the hearing on the same day | 69560 |
| unless any individual affected by the application requests in | 69561 |
| writing that the information session and the hearing not be held | 69562 |
| on the same day, in which case the director shall hold the hearing | 69563 |
| not less than fourteen days after the information session. The | 69564 |
| director shall publish notice of the public information session or | 69565 |
| public hearing not less than thirty days before holding the | 69566 |
| information session or hearing, as applicable. The notice shall be | 69567 |
| published in each newspaper of general circulation that is | 69568 |
| published in the county in which the facility is or is proposed to | 69569 |
| be located. If no newspaper of general circulation is published in | 69570 |
| the county, the director shall publish the notice in a newspaper | 69571 |
| of general circulation in the county. The notice shall contain the | 69572 |
| date, time, and location of the information session or hearing, as | 69573 |
| applicable, and a general description of the proposed new or | 69574 |
| modified facility. At the public information session, an officer | 69575 |
| or employee of the environmental protection agency shall describe | 69576 |
| the status of the permit application and be available to respond | 69577 |
| to comments or questions concerning the application. At the public | 69578 |
| hearing, any person may submit written or oral comments on or | 69579 |
| objections to the approval of the application. The applicant, or a | 69580 |
| representative of the applicant who has knowledge of the location, | 69581 |
| construction, and operation of the facility, shall attend the | 69582 |
| information session and public hearing to respond to comments or | 69583 |
| questions concerning the facility directed to the applicant or | 69584 |
| representative by the officer or employee of the environmental | 69585 |
| protection agency presiding at the information session and | 69586 |
| hearing. | 69587 |
| (f) The solid waste management policy committee of a county | 69588 |
| or joint solid waste management district may adopt a resolution | 69589 |
| requesting expeditious consideration of a specific application | 69590 |
| submitted under division (A)(2)(a) of this section for a permit to | 69591 |
| modify an existing solid waste facility within the district. The | 69592 |
| resolution shall make the finding that expedited consideration of | 69593 |
| the application without the public information session and public | 69594 |
| hearing under division (A)(2)(e) of this section is in the public | 69595 |
| interest and will not endanger human health, as determined by the | 69596 |
| director by rules adopted in accordance with Chapter 119. of the | 69597 |
| Revised Code. Upon receiving such a resolution, the director, at | 69598 |
| the director's discretion, may issue a final action upon the | 69599 |
| application without holding a public information session or public | 69600 |
| hearing pursuant to division (A)(2)(e) of this section. | 69601 |
| (3) Except as provided in division (A)(10) of this section, | 69602 |
| and unless the owner or operator of any solid waste facility, | 69603 |
| other than a solid waste transfer facility or a compost facility | 69604 |
| that accepts exclusively source separated yard wastes, that | 69605 |
| commenced operation on or before July 1, 1968, has obtained an | 69606 |
| exemption from the requirements of division (A)(3) of this section | 69607 |
| in accordance with division (G) of section 3734.02 of the Revised | 69608 |
| Code, the owner or operator shall submit to the director an | 69609 |
| application for a permit with accompanying engineering detail | 69610 |
| plans, specifications, and information regarding the facility and | 69611 |
| its method of operation for approval under rules adopted under | 69612 |
| division (A) of section 3734.02 of the Revised Code and applicable | 69613 |
| rules adopted under division (D) of section 3734.12 of the Revised | 69614 |
| Code in accordance with the following schedule: | 69615 |
| (a) Not later than September 24, 1988, if the facility is | 69616 |
| located in the city of Garfield Heights or Parma in Cuyahoga | 69617 |
| county; | 69618 |
| (b) Not later than December 24, 1988, if the facility is | 69619 |
| located in Delaware, Greene, Guernsey, Hamilton, Madison, | 69620 |
| Mahoning, Ottawa, or Vinton county; | 69621 |
| (c) Not later than March 24, 1989, if the facility is located | 69622 |
| in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or | 69623 |
| Washington county, or is located in the city of Brooklyn or | 69624 |
| Cuyahoga Heights in Cuyahoga county; | 69625 |
| (d) Not later than June 24, 1989, if the facility is located | 69626 |
| in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or | 69627 |
| Summit county or is located in Cuyahoga county outside the cities | 69628 |
| of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights; | 69629 |
| (e) Not later than September 24, 1989, if the facility is | 69630 |
| located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross | 69631 |
| county; | 69632 |
| (f) Not later than December 24, 1989, if the facility is | 69633 |
| located in a county not listed in divisions (A)(3)(a) to (e) of | 69634 |
| this section; | 69635 |
| (g) Notwithstanding divisions (A)(3)(a) to (f) of this | 69636 |
| section, not later than December 31, 1990, if the facility is a | 69637 |
| solid waste facility owned by a generator of solid wastes when the | 69638 |
| solid waste facility exclusively disposes of solid wastes | 69639 |
| generated at one or more premises owned by the generator | 69640 |
| regardless of whether the facility is located on a premises where | 69641 |
| the wastes are generated and if the facility disposes of more than | 69642 |
| one hundred thousand tons of solid wastes per year, provided that | 69643 |
| any such facility shall be subject to division (A)(5) of this | 69644 |
| section. | 69645 |
| (4) Except as provided in divisions (A)(8), (9), and (10) of | 69646 |
| this section, unless the owner or operator of any solid waste | 69647 |
| facility for which a permit was issued after July 1, 1968, but | 69648 |
| before January 1, 1980, has obtained an exemption from the | 69649 |
| requirements of division (A)(4) of this section under division (G) | 69650 |
| of section 3734.02 of the Revised Code, the owner or operator | 69651 |
| shall submit to the director an application for a permit with | 69652 |
| accompanying engineering detail plans, specifications, and | 69653 |
| information regarding the facility and its method of operation for | 69654 |
| approval under those rules. | 69655 |
| (5) The director may issue an order in accordance with | 69656 |
| Chapter 3745. of the Revised Code to the owner or operator of a | 69657 |
| solid waste facility requiring the person to submit to the | 69658 |
| director updated engineering detail plans, specifications, and | 69659 |
| information regarding the facility and its method of operation for | 69660 |
| approval under rules adopted under division (A) of section 3734.02 | 69661 |
| of the Revised Code and applicable rules adopted under division | 69662 |
| (D) of section 3734.12 of the Revised Code if, in the director's | 69663 |
| judgment, conditions at the facility constitute a substantial | 69664 |
| threat to public health or safety or are causing or contributing | 69665 |
| to or threatening to cause or contribute to air or water pollution | 69666 |
| or soil contamination. Any person who receives such an order shall | 69667 |
| submit the updated engineering detail plans, specifications, and | 69668 |
| information to the director within one hundred eighty days after | 69669 |
| the effective date of the order. | 69670 |
| (6) The director shall act upon an application submitted | 69671 |
| under division (A)(3) or (4) of this section and any updated | 69672 |
| engineering plans, specifications, and information submitted under | 69673 |
| division (A)(5) of this section within one hundred eighty days | 69674 |
| after receiving them. If the director denies any such permit | 69675 |
| application, the order denying the application or disapproving the | 69676 |
| plans shall include the requirements that the owner or operator | 69677 |
| submit a plan for closure and post-closure care of the facility to | 69678 |
| the director for approval within six months after issuance of the | 69679 |
| order, cease accepting solid wastes for disposal or transfer at | 69680 |
| the facility, and commence closure of the facility not later than | 69681 |
| one year after issuance of the order. If the director determines | 69682 |
| that closure of the facility within that one-year period would | 69683 |
| result in the unavailability of sufficient solid waste management | 69684 |
| facility capacity within the county or joint solid waste | 69685 |
| management district in which the facility is located to dispose of | 69686 |
| or transfer the solid waste generated within the district, the | 69687 |
| director in the order of denial or disapproval may postpone | 69688 |
| commencement of closure of the facility for such period of time as | 69689 |
| the director finds necessary for the board of county commissioners | 69690 |
| or directors of the district to secure access to or for there to | 69691 |
| be constructed within the district sufficient solid waste | 69692 |
| management facility capacity to meet the needs of the district, | 69693 |
| provided that the director shall certify in the director's order | 69694 |
| that postponing the date for commencement of closure will not | 69695 |
| endanger ground water or any property surrounding the facility, | 69696 |
| allow methane gas migration to occur, or cause or contribute to | 69697 |
| any other type of environmental damage. | 69698 |
| If an emergency need for disposal capacity that may affect | 69699 |
| public health and safety exists as a result of closure of a | 69700 |
| facility under division (A)(6) of this section, the director may | 69701 |
| issue an order designating another solid waste facility to accept | 69702 |
| the wastes that would have been disposed of at the facility to be | 69703 |
| closed. | 69704 |
| (7) If the director determines that standards more stringent | 69705 |
| than those applicable in rules adopted under division (A) of | 69706 |
| section 3734.02 of the Revised Code and division (D) of section | 69707 |
| 3734.12 of the Revised Code, or standards pertaining to subjects | 69708 |
| not specifically addressed by those rules, are necessary to ensure | 69709 |
| that a solid waste facility constructed at the proposed location | 69710 |
| will not cause a nuisance, cause or contribute to water pollution, | 69711 |
| or endanger public health or safety, the director may issue a | 69712 |
| permit for the facility with such terms and conditions as the | 69713 |
| director finds necessary to protect public health and safety and | 69714 |
| the environment. If a permit is issued, the director shall state | 69715 |
| in the order issuing it the specific findings supporting each such | 69716 |
| term or condition. | 69717 |
| (8) Divisions (A)(1), (2)(a), (3), and (4) of this section do | 69718 |
| not apply to a solid waste compost facility that accepts | 69719 |
| exclusively source separated yard wastes and that is registered | 69720 |
| under division (C) of section 3734.02 of the Revised Code or, | 69721 |
| unless otherwise provided in rules adopted under division (N)(3) | 69722 |
| of section 3734.02 of the Revised Code, to a solid waste compost | 69723 |
| facility if the director has adopted rules establishing an | 69724 |
| alternative system for authorizing the establishment, operation, | 69725 |
| or modification of a solid waste compost facility under that | 69726 |
| division. | 69727 |
| (9) Divisions (A)(1) to (7) of this section do not apply to | 69728 |
| scrap tire collection, storage, monocell, monofill, and recovery | 69729 |
| facilities. The approval of plans and specifications, as | 69730 |
| applicable, and the issuance of registration certificates, | 69731 |
| permits, and licenses for those facilities are subject to sections | 69732 |
| 3734.75 to 3734.78 of the Revised Code, as applicable, and section | 69733 |
| 3734.81 of the Revised Code. | 69734 |
| (10) Divisions (A)(3) and (4) of this section do not apply to | 69735 |
| a solid waste incinerator that was placed into operation on or | 69736 |
| before October 12, 1994, and that is not authorized to accept and | 69737 |
| treat infectious wastes pursuant to division (B) of this section. | 69738 |
| (B)(1) Each person who is engaged in the business of treating | 69739 |
| infectious wastes for profit at a treatment facility located off | 69740 |
| the premises where the wastes are generated that is in operation | 69741 |
| on August 10, 1988, and who proposes to continue operating the | 69742 |
| facility shall submit to the board of health of the health | 69743 |
| district in which the facility is located an application for a | 69744 |
| license to operate the facility. | 69745 |
| Thereafter, no person shall operate or maintain an infectious | 69746 |
| waste treatment facility without a license issued by the board of | 69747 |
| health of the health district in which the facility is located or | 69748 |
| by the director when the health district in which the facility is | 69749 |
| located is not on the approved list under section 3734.08 of the | 69750 |
| Revised Code. | 69751 |
| (2)(a) During the month of December, but before the first day | 69752 |
| of January of the next year, every person proposing to continue to | 69753 |
| operate an existing infectious waste treatment facility shall | 69754 |
| procure a license to operate the facility for that year from the | 69755 |
| board of health of the health district in which the facility is | 69756 |
| located or, if the health district is not on the approved list | 69757 |
| under section 3734.08 of the Revised Code, from the director. The | 69758 |
| application for such a license shall be submitted to the board of | 69759 |
| health or to the director, as appropriate, on or before the last | 69760 |
| day of September of the year preceding that for which the license | 69761 |
| is sought. In addition to the application fee prescribed in | 69762 |
| division (B)(2)(c) of this section, a person who submits an | 69763 |
| application after that date shall pay an additional ten per cent | 69764 |
| of the amount of the application fee for each week that the | 69765 |
| application is late. Late payment fees accompanying an application | 69766 |
| submitted to the board of health shall be credited to the special | 69767 |
| infectious waste fund of the health district created in division | 69768 |
| (C) of section 3734.06 of the Revised Code, and late payment fees | 69769 |
| accompanying an application submitted to the director shall be | 69770 |
| credited to the general revenue fund. A person who has received a | 69771 |
| license, upon sale or disposition of an infectious waste treatment | 69772 |
| facility and upon consent of the board of health and the director, | 69773 |
| may have the license transferred to another person. The board of | 69774 |
| health or the director may include such terms and conditions in a | 69775 |
| license or revision to a license as are appropriate to ensure | 69776 |
| compliance with the infectious waste provisions of this chapter | 69777 |
| and rules adopted under them. | 69778 |
| (b) Each person proposing to open a new infectious waste | 69779 |
| treatment facility or to modify an existing infectious waste | 69780 |
| treatment facility shall submit an application for a permit with | 69781 |
| accompanying detail plans and specifications to the environmental | 69782 |
| protection agency for required approval under the rules adopted by | 69783 |
| the director pursuant to section 3734.021 of the Revised Code two | 69784 |
| hundred seventy days before proposed operation of the facility and | 69785 |
| concurrently shall make application for a license with the board | 69786 |
| of health of the health district in which the facility is or is | 69787 |
| proposed to be located. Not later than ninety days after receiving | 69788 |
| a completed application under division (B)(2)(b) of this section | 69789 |
| for a permit to open a new infectious waste treatment facility or | 69790 |
| modify an existing infectious waste treatment facility to expand | 69791 |
| its treatment capacity, or receiving a completed application under | 69792 |
| division (A)(2)(a) of this section for a permit to open a new | 69793 |
| solid waste incineration facility, or modify an existing solid | 69794 |
| waste incineration facility to also treat infectious wastes or to | 69795 |
| increase its infectious waste treatment capacity, that pertains to | 69796 |
| a facility for which a notation authorizing infectious waste | 69797 |
| treatment is included or proposed to be included in the solid | 69798 |
| waste incineration facility's license pursuant to division (B)(3) | 69799 |
| of this section, the director shall hold a public hearing on the | 69800 |
| application within the county in which the new or modified | 69801 |
| infectious waste or solid waste facility is or is proposed to be | 69802 |
| located or within a contiguous county. Not less than thirty days | 69803 |
| before holding the public hearing on the application, the director | 69804 |
| shall publish notice of the hearing in each newspaper that has | 69805 |
| general circulation and that is published in the county in which | 69806 |
| the facility is or is proposed to be located. If there is no | 69807 |
| newspaper that has general circulation and that is published in | 69808 |
| the county, the director shall publish the notice in a newspaper | 69809 |
| of general circulation in the county. The notice shall contain the | 69810 |
| date, time, and location of the public hearing and a general | 69811 |
| description of the proposed new or modified facility. At the | 69812 |
| public hearing, any person may submit written or oral comments on | 69813 |
| or objections to the approval or disapproval of the application. | 69814 |
| The applicant, or a representative of the applicant who has | 69815 |
| knowledge of the location, construction, and operation of the | 69816 |
| facility, shall attend the public hearing to respond to comments | 69817 |
| or questions concerning the facility directed to the applicant or | 69818 |
| representative by the officer or employee of the environmental | 69819 |
| protection agency presiding at the hearing. | 69820 |
| (c) Each application for a permit under division (B)(2)(b) of | 69821 |
| this section shall be accompanied by a nonrefundable application | 69822 |
| fee of four hundred dollars that shall be credited to the general | 69823 |
| revenue fund. Each application for an annual license under | 69824 |
| division (B)(2)(a) of this section shall be accompanied by a | 69825 |
| nonrefundable application fee of one hundred dollars. If the | 69826 |
| application for an annual license is submitted to a board of | 69827 |
| health on the approved list under section 3734.08 of the Revised | 69828 |
| Code, the application fee shall be credited to the special | 69829 |
| infectious waste fund of the health district created in division | 69830 |
| (C) of section 3734.06 of the Revised Code. If the application for | 69831 |
| an annual license is submitted to the director, the application | 69832 |
| fee shall be credited to the general revenue fund. If a permit or | 69833 |
| license is issued, the amount of the application fee paid shall be | 69834 |
| deducted from the amount of the permit fee due under division (Q) | 69835 |
| of section 3745.11 of the Revised Code or the amount of the | 69836 |
| license fee due under division (C) of section 3734.06 of the | 69837 |
| Revised Code. | 69838 |
| (d) The owner or operator of any infectious waste treatment | 69839 |
| facility that commenced operation on or before July 1, 1968, shall | 69840 |
| submit to the director an application for a permit with | 69841 |
| accompanying engineering detail plans, specifications, and | 69842 |
| information regarding the facility and its method of operation for | 69843 |
| approval under rules adopted under section 3734.021 of the Revised | 69844 |
| Code in accordance with the following schedule: | 69845 |
| (i) Not later than December 24, 1988, if the facility is | 69846 |
| located in Delaware, Greene, Guernsey, Hamilton, Madison, | 69847 |
| Mahoning, Ottawa, or Vinton county; | 69848 |
| (ii) Not later than March 24, 1989, if the facility is | 69849 |
| located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, | 69850 |
| or Washington county, or is located in the city of Brooklyn, | 69851 |
| Cuyahoga Heights, or Parma in Cuyahoga county; | 69852 |
| (iii) Not later than June 24, 1989, if the facility is | 69853 |
| located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, | 69854 |
| Lucas, or Summit county or is located in Cuyahoga county outside | 69855 |
| the cities of Brooklyn, Cuyahoga Heights, and Parma; | 69856 |
| (iv) Not later than September 24, 1989, if the facility is | 69857 |
| located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross | 69858 |
| county; | 69859 |
| (v) Not later than December 24, 1989, if the facility is | 69860 |
| located in a county not listed in divisions (B)(2)(d)(i) to (iv) | 69861 |
| of this section. | 69862 |
| The owner or operator of an infectious waste treatment | 69863 |
| facility required to submit a permit application under division | 69864 |
| (B)(2)(d) of this section is not required to pay any permit | 69865 |
| application fee under division (B)(2)(c) of this section, or | 69866 |
| permit fee under division (Q) of section 3745.11 of the Revised | 69867 |
| Code, with respect thereto unless the owner or operator also | 69868 |
| proposes to modify the facility. | 69869 |
| (e) The director may issue an order in accordance with | 69870 |
| Chapter 3745. of the Revised Code to the owner or operator of an | 69871 |
| infectious waste treatment facility requiring the person to submit | 69872 |
| to the director updated engineering detail plans, specifications, | 69873 |
| and information regarding the facility and its method of operation | 69874 |
| for approval under rules adopted under section 3734.021 of the | 69875 |
| Revised Code if, in the director's judgment, conditions at the | 69876 |
| facility constitute a substantial threat to public health or | 69877 |
| safety or are causing or contributing to or threatening to cause | 69878 |
| or contribute to air or water pollution or soil contamination. Any | 69879 |
| person who receives such an order shall submit the updated | 69880 |
| engineering detail plans, specifications, and information to the | 69881 |
| director within one hundred eighty days after the effective date | 69882 |
| of the order. | 69883 |
| (f) The director shall act upon an application submitted | 69884 |
| under division (B)(2)(d) of this section and any updated | 69885 |
| engineering plans, specifications, and information submitted under | 69886 |
| division (B)(2)(e) of this section within one hundred eighty days | 69887 |
| after receiving them. If the director denies any such permit | 69888 |
| application or disapproves any such updated engineering plans, | 69889 |
| specifications, and information, the director shall include in the | 69890 |
| order denying the application or disapproving the plans the | 69891 |
| requirement that the owner or operator cease accepting infectious | 69892 |
| wastes for treatment at the facility. | 69893 |
| (3) Division (B) of this section does not apply to an | 69894 |
| infectious waste treatment facility that meets any of the | 69895 |
| following conditions: | 69896 |
| (a) Is owned or operated by the generator of the wastes and | 69897 |
| exclusively treats, by methods, techniques, and practices | 69898 |
| established by rules adopted under division (C)(1) or (3) of | 69899 |
| section 3734.021 of the Revised Code, wastes that are generated at | 69900 |
| any premises owned or operated by that generator regardless of | 69901 |
| whether the wastes are generated on the same premises where the | 69902 |
| generator's treatment facility is located or, if the generator is | 69903 |
| a hospital as defined in section 3727.01 of the Revised Code, | 69904 |
| infectious wastes that are described in division (A)(1)(g), (h), | 69905 |
| or (i) of section 3734.021 of the Revised Code; | 69906 |
| (b) Holds a license or renewal of a license to operate a | 69907 |
| crematory facility issued under Chapter 4717. and a permit issued | 69908 |
| under Chapter 3704. of the Revised Code; | 69909 |
| (c) Treats or disposes of dead animals or parts thereof, or | 69910 |
| the blood of animals, and is subject to any of the following: | 69911 |
| (i) Inspection under the "Federal Meat Inspection Act," 81 | 69912 |
| Stat. 584 (1967), 21 U.S.C.A. 603, as amended; | 69913 |
| (ii) Chapter 918. of the Revised Code; | 69914 |
| (iii) Chapter 953. of the Revised Code. | 69915 |
| Nothing in division (B) of this section requires a facility | 69916 |
| that holds a license issued under division (A) of this section as | 69917 |
| a solid waste facility and that also treats infectious wastes by | 69918 |
| the same method, technique, or process to obtain a license under | 69919 |
| division (B) of this section as an infectious waste treatment | 69920 |
| facility. However, the solid waste facility license for the | 69921 |
| facility shall include the notation that the facility also treats | 69922 |
| infectious wastes. | 69923 |
| On and after the effective date of the amendments to the | 69924 |
| rules adopted under division (C)(2) of section 3734.021 of the | 69925 |
| Revised Code that are required by Section 6 of Substitute House | 69926 |
| Bill No. 98 of the 120th General Assembly, the director shall not | 69927 |
| issue a permit to open a new solid waste incineration facility | 69928 |
| unless the proposed facility complies with the requirements for | 69929 |
| the location of new infectious waste incineration facilities | 69930 |
| established in the required amendments to those rules. | 69931 |
| (C) Except for a facility or activity described in division | 69932 |
| (E)(3) of section 3734.02 of the Revised Code, a person who | 69933 |
| proposes to establish or operate a hazardous waste facility shall | 69934 |
| submit a complete application for a hazardous waste facility | 69935 |
| installation and operation permit and accompanying detail plans, | 69936 |
| specifications, and such information as the director may require | 69937 |
| to the environmental protection agency at least one hundred eighty | 69938 |
| days before the proposed beginning of operation of the facility. | 69939 |
| The applicant shall notify by certified mail the legislative | 69940 |
| authority of each municipal corporation, township, and county in | 69941 |
| which the facility is proposed to be located of the submission of | 69942 |
| the application within ten days after the submission or at such | 69943 |
| earlier time as the director may establish by rule. If the | 69944 |
| application is for a proposed new hazardous waste disposal or | 69945 |
| thermal treatment facility, the applicant also shall give actual | 69946 |
| notice of the general design and purpose of the facility to the | 69947 |
| legislative authority of each municipal corporation, township, and | 69948 |
| county in which the facility is proposed to be located at least | 69949 |
| ninety days before the permit application is submitted to the | 69950 |
| environmental protection agency. | 69951 |
| In accordance with rules adopted under section 3734.12 of the | 69952 |
| Revised Code, prior to the submission of a complete application | 69953 |
| for a hazardous waste facility installation and operation permit, | 69954 |
| the applicant shall hold at least one meeting in the township or | 69955 |
| municipal corporation in which the facility is proposed to be | 69956 |
| located, whichever is geographically closer to the proposed | 69957 |
| location of the facility. The meeting shall be open to the public | 69958 |
| and shall be held to inform the community of the proposed | 69959 |
| hazardous waste management activities and to solicit questions | 69960 |
| from the community concerning the activities. | 69961 |
| (D)(1) Except as provided in section 3734.123 of the Revised | 69962 |
| Code, upon receipt of a complete application for a hazardous waste | 69963 |
| facility installation and operation permit under division (C) of | 69964 |
| this section, the director shall consider the application and | 69965 |
| accompanying information to determine whether the application | 69966 |
| complies with agency rules and the requirements of division (D)(2) | 69967 |
| of this section. After making a determination, the director shall | 69968 |
| issue either a draft permit or a notice of intent to deny the | 69969 |
| permit. The director, in accordance with rules adopted under | 69970 |
| section 3734.12 of the Revised Code or with rules adopted to | 69971 |
| implement Chapter 3745. of the Revised Code, shall provide public | 69972 |
| notice of the application and the draft permit or the notice of | 69973 |
| intent to deny the permit, provide an opportunity for public | 69974 |
| comments, and, if significant interest is shown, schedule a public | 69975 |
| meeting in the county in which the facility is proposed to be | 69976 |
| located and give public notice of the date, time, and location of | 69977 |
| the public meeting in a newspaper of general circulation in that | 69978 |
| county. | 69979 |
| (2) The director shall not approve an application for a | 69980 |
| hazardous waste facility installation and operation permit or an | 69981 |
| application for a modification under division (I)(3) of this | 69982 |
| section unless the director finds and determines as follows: | 69983 |
| (a) The nature and volume of the waste to be treated, stored, | 69984 |
| or disposed of at the facility; | 69985 |
| (b) That the facility complies with the director's hazardous | 69986 |
| waste standards adopted pursuant to section 3734.12 of the Revised | 69987 |
| Code; | 69988 |
| (c) That the facility represents the minimum adverse | 69989 |
| environmental impact, considering the state of available | 69990 |
| technology and the nature and economics of various alternatives, | 69991 |
| and other pertinent considerations; | 69992 |
| (d) That the facility represents the minimum risk of all of | 69993 |
| the following: | 69994 |
| (i) Fires or explosions from treatment, storage, or disposal | 69995 |
| methods; | 69996 |
| (ii) Release of hazardous waste during transportation of | 69997 |
| hazardous waste to or from the facility; | 69998 |
| (iii) Adverse impact on the public health and safety. | 69999 |
| (e) That the facility will comply with this chapter and | 70000 |
| Chapters 3704. and 6111. of the Revised Code and all rules and | 70001 |
| standards adopted under them; | 70002 |
| (f) That if the owner of the facility, the operator of the | 70003 |
| facility, or any other person in a position with the facility from | 70004 |
| which the person may influence the installation and operation of | 70005 |
| the facility has been involved in any prior activity involving | 70006 |
| transportation, treatment, storage, or disposal of hazardous | 70007 |
| waste, that person has a history of compliance with this chapter | 70008 |
| and Chapters 3704. and 6111. of the Revised Code and all rules and | 70009 |
| standards adopted under them, the "Resource Conservation and | 70010 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 70011 |
| amended, and all regulations adopted under it, and similar laws | 70012 |
| and rules of other states if any such prior operation was located | 70013 |
| in another state that demonstrates sufficient reliability, | 70014 |
| expertise, and competency to operate a hazardous waste facility | 70015 |
| under the applicable provisions of this chapter and Chapters 3704. | 70016 |
| and 6111. of the Revised Code, the applicable rules and standards | 70017 |
| adopted under them, and terms and conditions of a hazardous waste | 70018 |
| facility installation and operation permit, given the potential | 70019 |
| for harm to the public health and safety and the environment that | 70020 |
| could result from the irresponsible operation of the facility. For | 70021 |
| off-site facilities, as defined in section 3734.41 of the Revised | 70022 |
| Code, the director may use the investigative reports of the | 70023 |
| attorney general prepared pursuant to section 3734.42 of the | 70024 |
| Revised Code as a basis for making a finding and determination | 70025 |
| under division (D)(2)(f) of this section. | 70026 |
| (g) That the active areas within a new hazardous waste | 70027 |
| facility where acute hazardous waste as listed in 40 C.F.R. 261.33 | 70028 |
| (e), as amended, or organic waste that is toxic and is listed | 70029 |
| under 40 C.F.R. 261, as amended, is being stored, treated, or | 70030 |
| disposed of and where the aggregate of the storage design capacity | 70031 |
| and the disposal design capacity of all hazardous waste in those | 70032 |
| areas is greater than two hundred fifty thousand gallons, are not | 70033 |
| located or operated within any of the following: | 70034 |
| (i) Two thousand feet of any residence, school, hospital, | 70035 |
| jail, or prison; | 70036 |
| (ii) Any naturally occurring wetland; | 70037 |
| (iii) Any flood hazard area if the applicant cannot show that | 70038 |
| the facility will be designed, constructed, operated, and | 70039 |
| maintained to prevent washout by a one-hundred-year flood. | 70040 |
| Division (D)(2)(g) of this section does not apply to the | 70041 |
| facility of any applicant who demonstrates to the director that | 70042 |
| the limitations specified in that division are not necessary | 70043 |
| because of the nature or volume of the waste and the manner of | 70044 |
| management applied, the facility will impose no substantial danger | 70045 |
| to the health and safety of persons occupying the structures | 70046 |
| listed in division (D)(2)(g)(i) of this section, and the facility | 70047 |
| is to be located or operated in an area where the proposed | 70048 |
| hazardous waste activities will not be incompatible with existing | 70049 |
| land uses in the area. | 70050 |
| (h) That the facility will not be located within the | 70051 |
| boundaries of a state park established or dedicated under Chapter | 70052 |
| 1541. of the Revised Code, a state park purchase area established | 70053 |
| under section 1541.02 of the Revised Code, any unit of the | 70054 |
| national park system, or any property that lies within the | 70055 |
| boundaries of a national park or recreation area, but that has not | 70056 |
| been acquired or is not administered by the secretary of the | 70057 |
| United States department of the interior, located in this state, | 70058 |
| or any candidate area located in this state identified for | 70059 |
| potential inclusion in the national park system in the edition of | 70060 |
| the "national park system plan" submitted under paragraph (b) of | 70061 |
| section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 | 70062 |
| U.S.C.A. 1a-5, as amended, current at the time of filing of the | 70063 |
| application for the permit, unless the facility will be used | 70064 |
| exclusively for the storage of hazardous waste generated within | 70065 |
| the park or recreation area in conjunction with the operation of | 70066 |
| the park or recreation area. Division (D)(2)(h) of this section | 70067 |
| does not apply to the facility of any applicant for modification | 70068 |
| of a permit unless the modification application proposes to | 70069 |
| increase the land area included in the facility or to increase the | 70070 |
| quantity of hazardous waste that will be treated, stored, or | 70071 |
| disposed of at the facility. | 70072 |
| (3) Not later than one hundred eighty days after the end of | 70073 |
| the public comment period, the director, without prior hearing, | 70074 |
| shall issue or deny the permit in accordance with Chapter 3745. of | 70075 |
| the Revised Code. If the director approves an application for a | 70076 |
| hazardous waste facility installation and operation permit, the | 70077 |
| director shall issue the permit, upon such terms and conditions as | 70078 |
| the director finds are necessary to ensure the construction and | 70079 |
| operation of the hazardous waste facility in accordance with the | 70080 |
| standards of this section. | 70081 |
| (E) | 70082 |
| additional zoning or other approval, consent, permit, certificate, | 70083 |
| or condition for the construction or operation of a hazardous | 70084 |
| waste facility authorized by a hazardous waste facility | 70085 |
| installation and operation permit issued pursuant to this chapter, | 70086 |
| nor shall any political subdivision adopt or enforce any law, | 70087 |
| ordinance, or rule that in any way alters, impairs, or limits the | 70088 |
| authority granted in the permit. | 70089 |
| (F) The director may issue a single hazardous waste facility | 70090 |
| installation and operation permit to a person who operates two or | 70091 |
| more adjoining facilities where hazardous waste is stored, | 70092 |
| treated, or disposed of if the application includes detail plans, | 70093 |
| specifications, and information on all facilities. For the | 70094 |
| purposes of this section, "adjoining" means sharing a common | 70095 |
| boundary, separated only by a public road, or in such proximity | 70096 |
| that the director determines that the issuance of a single permit | 70097 |
| will not create a hazard to the public health or safety or the | 70098 |
| environment. | 70099 |
| (G) No person shall falsify or fail to keep or submit any | 70100 |
| plans, specifications, data, reports, records, manifests, or other | 70101 |
| information required to be kept or submitted to the director by | 70102 |
| this chapter or the rules adopted under it. | 70103 |
| (H)(1) Each person who holds an installation and operation | 70104 |
| permit issued under this section and who wishes to obtain a permit | 70105 |
| renewal shall submit a completed application for an installation | 70106 |
| and operation permit renewal and any necessary accompanying | 70107 |
| general plans, detail plans, specifications, and such information | 70108 |
| as the director may require to the director no later than one | 70109 |
| hundred eighty days prior to the expiration date of the existing | 70110 |
| permit or upon a later date prior to the expiration of the | 70111 |
| existing permit if the permittee can demonstrate good cause for | 70112 |
| the late submittal. The director shall consider the application | 70113 |
| and accompanying information, inspection reports of the facility, | 70114 |
| results of performance tests, a report regarding the facility's | 70115 |
| compliance or noncompliance with the terms and conditions of its | 70116 |
| permit and rules adopted by the director under this chapter, and | 70117 |
| such other information as is relevant to the operation of the | 70118 |
| facility and shall issue a draft renewal permit or a notice of | 70119 |
| intent to deny the renewal permit. The director, in accordance | 70120 |
| with rules adopted under this section or with rules adopted to | 70121 |
| implement Chapter 3745. of the Revised Code, shall give public | 70122 |
| notice of the application and draft renewal permit or notice of | 70123 |
| intent to deny the renewal permit, provide for the opportunity for | 70124 |
| public comments within a specified time period, schedule a public | 70125 |
| meeting in the county in which the facility is located if | 70126 |
| significant interest is shown, and give public notice of the | 70127 |
| public meeting. | 70128 |
| (2) Within sixty days after the public meeting or close of | 70129 |
| the public comment period, the director, without prior hearing, | 70130 |
| shall issue or deny the renewal permit in accordance with Chapter | 70131 |
| 3745. of the Revised Code. The director shall not issue a renewal | 70132 |
| permit unless the director determines that the facility under the | 70133 |
| existing permit has a history of compliance with this chapter, | 70134 |
| rules adopted under it, the existing permit, or orders entered to | 70135 |
| enforce such requirements that demonstrates sufficient | 70136 |
| reliability, expertise, and competency to operate the facility | 70137 |
| henceforth under this chapter, rules adopted under it, and the | 70138 |
| renewal permit. If the director approves an application for a | 70139 |
| renewal permit, the director shall issue the permit subject to the | 70140 |
| payment of the annual permit fee required under division (E) of | 70141 |
| section 3734.02 of the Revised Code and upon such terms and | 70142 |
| conditions as the director finds are reasonable to ensure that | 70143 |
| continued operation, maintenance, closure, and post-closure care | 70144 |
| of the hazardous waste facility are in accordance with the rules | 70145 |
| adopted under section 3734.12 of the Revised Code. | 70146 |
| (3) An installation and operation permit renewal application | 70147 |
| submitted to the director that also contains or would constitute | 70148 |
| an application for a modification shall be acted upon by the | 70149 |
| director in accordance with division (I) of this section in the | 70150 |
| same manner as an application for a modification. In approving or | 70151 |
| disapproving the renewal portion of a permit renewal application | 70152 |
| containing an application for a modification, the director shall | 70153 |
| apply the criteria established under division (H)(2) of this | 70154 |
| section. | 70155 |
| (4) An application for renewal or modification of a permit | 70156 |
| that does not contain an application for a modification as | 70157 |
| described in divisions (I)(3)(a) to (d) of this section shall not | 70158 |
| be subject to division (D)(2) of this section. | 70159 |
| (I)(1) As used in this section, "modification" means a change | 70160 |
| or alteration to a hazardous waste facility or its operations that | 70161 |
| is inconsistent with or not authorized by its existing permit or | 70162 |
| authorization to operate. Modifications shall be classified as | 70163 |
| Class 1, 2, or 3 modifications in accordance with rules adopted | 70164 |
| under division (K) of this section. Modifications classified as | 70165 |
| Class 3 modifications, in accordance with rules adopted under that | 70166 |
| division, shall be further classified by the director as either | 70167 |
| Class 3 modifications that are to be approved or disapproved by | 70168 |
| the director under divisions (I)(3)(a) to (d) of this section or | 70169 |
| as Class 3 modifications that are to be approved or disapproved by | 70170 |
| the director under division (I)(5) of this section. Not later than | 70171 |
| thirty days after receiving a request for a modification under | 70172 |
| division (I)(4) of this section that is not listed in Appendix I | 70173 |
| to 40 C.F.R. 270.42 or in rules adopted under division (K) of this | 70174 |
| section, the director shall classify the modification and shall | 70175 |
| notify the owner or operator of the facility requesting the | 70176 |
| modification of the classification. Notwithstanding any other law | 70177 |
| to the contrary, any modification that involves the transfer of a | 70178 |
| hazardous waste facility installation and operation permit to a | 70179 |
| new owner or operator for an off-site facility as defined in | 70180 |
| section 3734.41 of the Revised Code shall be classified as a Class | 70181 |
| 3 modification. The transfer of a hazardous waste facility | 70182 |
| installation and operation permit to a new owner or operator for a | 70183 |
| facility that is not an off-site facility shall be classified as a | 70184 |
| Class 1 modification requiring prior approval of the director. | 70185 |
| (2) Except as provided in section 3734.123 of the Revised | 70186 |
| Code, a hazardous waste facility installation and operation permit | 70187 |
| may be modified at the request of the director or upon the written | 70188 |
| request of the permittee only if any of the following applies: | 70189 |
| (a) The permittee desires to accomplish alterations, | 70190 |
| additions, or deletions to the permitted facility or to undertake | 70191 |
| alterations, additions, deletions, or activities that are | 70192 |
| inconsistent with or not authorized by the existing permit; | 70193 |
| (b) New information or data justify permit conditions in | 70194 |
| addition to or different from those in the existing permit; | 70195 |
| (c) The standards, criteria, or rules upon which the existing | 70196 |
| permit is based have been changed by new, amended, or rescinded | 70197 |
| standards, criteria, or rules, or by judicial decision after the | 70198 |
| existing permit was issued, and the change justifies permit | 70199 |
| conditions in addition to or different from those in the existing | 70200 |
| permit; | 70201 |
| (d) The permittee proposes to transfer the permit to another | 70202 |
| person. | 70203 |
| (3) The director shall approve or disapprove an application | 70204 |
| for a modification in accordance with division (D)(2) of this | 70205 |
| section and rules adopted under division (K) of this section for | 70206 |
| all of the following categories of Class 3 modifications: | 70207 |
| (a) Authority to conduct treatment, storage, or disposal at a | 70208 |
| site, location, or tract of land that has not been authorized for | 70209 |
| the proposed category of treatment, storage, or disposal activity | 70210 |
| by the facility's permit; | 70211 |
| (b) Modification or addition of a hazardous waste management | 70212 |
| unit, as defined in rules adopted under section 3734.12 of the | 70213 |
| Revised Code, that results in an increase in a facility's storage | 70214 |
| capacity of more than twenty-five per cent over the capacity | 70215 |
| authorized by the facility's permit, an increase in a facility's | 70216 |
| treatment rate of more than twenty-five per cent over the rate so | 70217 |
| authorized, or an increase in a facility's disposal capacity over | 70218 |
| the capacity so authorized. The authorized disposal capacity for a | 70219 |
| facility shall be calculated from the approved design plans for | 70220 |
| the disposal units at that facility. In no case during a five-year | 70221 |
| period shall a facility's storage capacity or treatment rate be | 70222 |
| modified to increase by more than twenty-five per cent in the | 70223 |
| aggregate without the director's approval in accordance with | 70224 |
| division (D)(2) of this section. Notwithstanding any provision of | 70225 |
| division (I) of this section to the contrary, a request for | 70226 |
| modification of a facility's annual total waste receipt limit | 70227 |
| shall be classified and approved or disapproved by the director | 70228 |
| under division (I)(5) of this section. | 70229 |
| (c) Authority to add any of the following categories of | 70230 |
| regulated activities not previously authorized at a facility by | 70231 |
| the facility's permit: storage at a facility not previously | 70232 |
| authorized to store hazardous waste, treatment at a facility not | 70233 |
| previously authorized to treat hazardous waste, or disposal at a | 70234 |
| facility not previously authorized to dispose of hazardous waste; | 70235 |
| or authority to add a category of hazardous waste management unit | 70236 |
| not previously authorized at the facility by the facility's | 70237 |
| permit. Notwithstanding any provision of division (I) of this | 70238 |
| section to the contrary, a request for authority to add or to | 70239 |
| modify an activity or a hazardous waste management unit for the | 70240 |
| purposes of performing a corrective action shall be classified and | 70241 |
| approved or disapproved by the director under division (I)(5) of | 70242 |
| this section. | 70243 |
| (d) Authority to treat, store, or dispose of waste types | 70244 |
| listed or characterized as reactive or explosive, in rules adopted | 70245 |
| under section 3734.12 of the Revised Code, or any acute hazardous | 70246 |
| waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not | 70247 |
| previously authorized to treat, store, or dispose of those types | 70248 |
| of wastes by the facility's permit unless the requested authority | 70249 |
| is limited to wastes that no longer exhibit characteristics | 70250 |
| meeting the criteria for listing or characterization as reactive | 70251 |
| or explosive wastes, or for listing as acute hazardous waste, but | 70252 |
| still are required to carry those waste codes as established in | 70253 |
| rules adopted under section 3734.12 of the Revised Code because of | 70254 |
| the requirements established in 40 C.F.R. 261(a) and (e), as | 70255 |
| amended, that is, the "mixture," "derived-from," or "contained-in" | 70256 |
| regulations. | 70257 |
| (4) A written request for a modification from the permittee | 70258 |
| shall be submitted to the director and shall contain such | 70259 |
| information as is necessary to support the request. Requests for | 70260 |
| modifications shall be acted upon by the director in accordance | 70261 |
| with this section and rules adopted under it. | 70262 |
| (5) Class 1 modification applications that require prior | 70263 |
| approval of the director, as provided in division (I)(1) of this | 70264 |
| section or as determined in accordance with rules adopted under | 70265 |
| division (K) of this section, Class 2 modification applications, | 70266 |
| and Class 3 modification applications that are not described in | 70267 |
| divisions (I)(3)(a) to (d) of this section shall be approved or | 70268 |
| disapproved by the director in accordance with rules adopted under | 70269 |
| division (K) of this section. The board of county commissioners of | 70270 |
| the county, the board of township trustees of the township, and | 70271 |
| the city manager or mayor of the municipal corporation in which a | 70272 |
| hazardous waste facility is located shall receive notification of | 70273 |
| any application for a modification for that facility and shall be | 70274 |
| considered as interested persons with respect to the director's | 70275 |
| consideration of the application. | 70276 |
| | 70277 |
| 70278 | |
| 70279 | |
| 70280 | |
| 70281 | |
| 70282 | |
| 70283 | |
| 70284 | |
| 70285 | |
| 70286 | |
| 70287 | |
| 70288 | |
| 70289 | |
| 70290 | |
| 70291 | |
| 70292 | |
| 70293 | |
| 70294 | |
| 70295 | |
| 70296 | |
| 70297 |
| | 70298 |
| | 70299 |
| 70300 |
| | 70301 |
| 70302 |
| The director shall approve or disapprove an application for a | 70303 |
| Class 1 modification that requires the director's approval within | 70304 |
| sixty days after receiving the request for modification. The | 70305 |
| director shall approve or disapprove an application for a Class 2 | 70306 |
| modification within three hundred days after receiving the request | 70307 |
| for modification. The director shall approve or disapprove an | 70308 |
| application for a Class 3 modification within three hundred | 70309 |
| sixty-five days after receiving the request for modification. | 70310 |
| (6) The approval or disapproval by the director of a Class 1 | 70311 |
| modification application is not a final action that is appealable | 70312 |
| under Chapter 3745. of the Revised Code. The approval or | 70313 |
| disapproval by the director of a Class 2 modification or a Class 3 | 70314 |
| modification is a final action that is appealable under that | 70315 |
| chapter. In approving or disapproving a request for a | 70316 |
| modification, the director shall consider all comments pertaining | 70317 |
| to the request that are received during the public comment period | 70318 |
| and the public meetings. The administrative record for appeal of a | 70319 |
| final action by the director in approving or disapproving a | 70320 |
| request for a modification shall include all comments received | 70321 |
| during the public comment period relating to the request for | 70322 |
| modification, written materials submitted at the public meetings | 70323 |
| relating to the request, and any other documents related to the | 70324 |
| director's action. | 70325 |
| (7) Notwithstanding any other provision of law to the | 70326 |
| contrary, a change or alteration to a hazardous waste facility | 70327 |
| described in division (E)(3)(a) or (b) of section 3734.02 of the | 70328 |
| Revised Code, or its operations, is a modification for the | 70329 |
| purposes of this section. An application for a modification at | 70330 |
| such a facility shall be submitted, classified, and approved or | 70331 |
| disapproved in accordance with divisions (I)(1) to (6) of this | 70332 |
| section in the same manner as a modification to a hazardous waste | 70333 |
| facility installation and operation permit. | 70334 |
| (J)(1) Except as provided in division (J)(2) of this section, | 70335 |
| an owner or operator of a hazardous waste facility that is | 70336 |
| operating in accordance with a permit by rule under rules adopted | 70337 |
| by the director under division (E)(3)(b) of section 3734.02 of the | 70338 |
| Revised Code shall submit either a hazardous waste facility | 70339 |
| installation and operation permit application for the facility or | 70340 |
| a modification application, whichever is required under division | 70341 |
| (J)(1)(a) or (b) of this section, within one hundred eighty days | 70342 |
| after the director has requested the application or upon a later | 70343 |
| date if the owner or operator demonstrates to the director good | 70344 |
| cause for the late submittal. | 70345 |
| (a) If the owner or operator does not have a hazardous waste | 70346 |
| facility installation and operation permit for any hazardous waste | 70347 |
| treatment, storage, or disposal activities at the facility, the | 70348 |
| owner or operator shall submit an application for such a permit to | 70349 |
| the director for the activities authorized by the permit by rule. | 70350 |
| Notwithstanding any other provision of law to the contrary, the | 70351 |
| director shall approve or disapprove the application for the | 70352 |
| permit in accordance with the procedures governing the approval or | 70353 |
| disapproval of permit renewals under division (H) of this section. | 70354 |
| (b) If the owner or operator has a hazardous waste facility | 70355 |
| installation and operation permit for hazardous waste treatment, | 70356 |
| storage, or disposal activities at the facility other than those | 70357 |
| authorized by the permit by rule, the owner or operator shall | 70358 |
| submit to the director a request for modification in accordance | 70359 |
| with division (I) of this section. Notwithstanding any other | 70360 |
| provision of law to the contrary, the director shall approve or | 70361 |
| disapprove the modification application in accordance with | 70362 |
| division (I)(5) of this section. | 70363 |
| (2) The owner or operator of a boiler or industrial furnace | 70364 |
| that is conducting thermal treatment activities in accordance with | 70365 |
| a permit by rule under rules adopted by the director under | 70366 |
| division (E)(3)(b) of section 3734.02 of the Revised Code shall | 70367 |
| submit a hazardous waste facility installation and operation | 70368 |
| permit application if the owner or operator does not have such a | 70369 |
| permit for any hazardous waste treatment, storage, or disposal | 70370 |
| activities at the facility or, if the owner or operator has such a | 70371 |
| permit for hazardous waste treatment, storage, or disposal | 70372 |
| activities at the facility other than thermal treatment activities | 70373 |
| authorized by the permit by rule, a modification application to | 70374 |
| add those activities authorized by the permit by rule, whichever | 70375 |
| is applicable, within one hundred eighty days after the director | 70376 |
| has requested the submission of the application or upon a later | 70377 |
| date if the owner or operator demonstrates to the director good | 70378 |
| cause for the late submittal. The application shall be accompanied | 70379 |
| by information necessary to support the request. The director | 70380 |
| shall approve or disapprove an application for a hazardous waste | 70381 |
| facility installation and operation permit in accordance with | 70382 |
| division (D) of this section and approve or disapprove an | 70383 |
| application for a modification in accordance with division (I)(3) | 70384 |
| of this section, except that the director shall not disapprove an | 70385 |
| application for the thermal treatment activities on the basis of | 70386 |
| the criteria set forth in division (D)(2)(g) or (h) of this | 70387 |
| section. | 70388 |
| (3) As used in division (J) of this section: | 70389 |
| (a) "Modification application" means a request for a | 70390 |
| modification submitted in accordance with division (I) of this | 70391 |
| section. | 70392 |
| (b) "Thermal treatment," "boiler," and "industrial furnace" | 70393 |
| have the same meanings as in rules adopted under section 3734.12 | 70394 |
| of the Revised Code. | 70395 |
| (K) The director shall adopt, and may amend, suspend, or | 70396 |
| rescind, rules in accordance with Chapter 119. of the Revised Code | 70397 |
| in order to implement divisions (H) and (I) of this section. | 70398 |
| Except when in actual conflict with this section, rules governing | 70399 |
| the classification of and procedures for the modification of | 70400 |
| hazardous waste facility installation and operation permits shall | 70401 |
| be substantively and procedurally identical to the regulations | 70402 |
| governing hazardous waste facility permitting and permit | 70403 |
| modifications adopted under the "Resource Conservation and | 70404 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 70405 |
| amended. | 70406 |
| Sec. 3734.28. | 70407 |
| 3734.282 of the Revised Code, moneys collected under sections | 70408 |
| 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the | 70409 |
|
Revised
Code and | 70410 |
| under the "Comprehensive Environmental Response, Compensation, and | 70411 |
| Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as | 70412 |
| amended, shall be paid into the state treasury to the credit of | 70413 |
| the hazardous waste clean-up fund, which is hereby created. In | 70414 |
| addition, any moneys recovered for costs paid from the fund for | 70415 |
|
activities described in | 70416 |
| section 3745.12 of the Revised Code shall be credited to the fund. | 70417 |
| The environmental protection agency shall use the moneys in the | 70418 |
| fund for the purposes set forth in division (D) of section | 70419 |
| 3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, | 70420 |
|
3734.26,
and
3734.27, | 70421 |
| (A)(1) and (2) of section 3745.12, and Chapter 3746. of the | 70422 |
| Revised Code, including any related enforcement expenses. In | 70423 |
| addition, the agency shall use the moneys in the fund to pay the | 70424 |
| state's long-term operation and maintenance costs or matching | 70425 |
| share for actions taken under the "Comprehensive Environmental | 70426 |
| Response, Compensation, and Liability Act of 1980," as amended. If | 70427 |
| those moneys are reimbursed by grants or other moneys from the | 70428 |
| United States or any other person, the moneys shall be placed in | 70429 |
| the fund and not in the general revenue fund. | 70430 |
| The director of environmental protection may enter into | 70431 |
| contracts and grant agreements with federal, state, or local | 70432 |
| government agencies, nonprofit organizations, and colleges and | 70433 |
| universities for the purpose of carrying out the responsibilities | 70434 |
| of the environmental protection agency for which money may be | 70435 |
| expended from the fund. | 70436 |
| Sec. 3734.281. | 70437 |
| 70438 | |
| 70439 | |
| provided in section 3734.282 of the Revised Code, moneys collected | 70440 |
|
from
judgements for the state or settlements | 70441 |
| director of environmental protection, including those associated | 70442 |
| with bankruptcies, related to actions brought under Chapter 3714. | 70443 |
| and section 3734.13, 3734.20, 3734.22, 6111.03, or 6111.04 of the | 70444 |
|
Revised Code; and | 70445 |
| Environmental Response, Compensation, and Liability Act of 1980," | 70446 |
|
94 Stat.
2767, 42 U.S.C.
| 70447 |
| paid into the state treasury to the credit of the environmental | 70448 |
| protection remediation fund, which is hereby created. The | 70449 |
| environmental protection agency shall use the moneys in the fund | 70450 |
| only for the purpose of remediating conditions at a hazardous | 70451 |
| waste facility, a solid waste facility, a construction and | 70452 |
| demolition debris facility licensed under Chapter 3714. of the | 70453 |
| Revised Code, or another location at which the director has reason | 70454 |
| to believe there is a substantial threat to public health or | 70455 |
| safety or the environment. Remediation may include the direct and | 70456 |
| indirect costs associated with the overseeing, supervising, | 70457 |
| performing, verifying, or reviewing of remediation activities by | 70458 |
| agency employees. All investment earnings of the fund shall be | 70459 |
| credited to the fund. | 70460 |
| The director of environmental protection may enter into | 70461 |
| contracts and grant agreements with federal, state, or local | 70462 |
| government agencies, nonprofit organizations, and colleges and | 70463 |
| universities for the purpose of carrying out the responsibilities | 70464 |
| of the environmental protection agency for which money may be | 70465 |
| expended from the fund. | 70466 |
| Sec. 3734.282. All money collected by the state for natural | 70467 |
| resources damages under the "Comprehensive Environmental Response, | 70468 |
| Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. | 70469 |
| 9601 et seq., as amended, the "Oil Pollution Act of 1990," 104 | 70470 |
| Stat. 484, 33 U.S.C. 2701 et seq., as amended, the "Clean Water | 70471 |
| Act," 86 Stat. 862, 33 U.S.C. 1321, as amended, or any other | 70472 |
| applicable federal or state law shall be paid into the state | 70473 |
| treasury to the credit of the natural resource damages fund, which | 70474 |
| is hereby created. The director of environmental protection shall | 70475 |
| use money in the fund only in accordance with the purposes of and | 70476 |
| the limitations on natural resources damages set forth in the | 70477 |
| "Comprehensive Environmental Response, Compensation, and Liability | 70478 |
| Act of 1980," as amended, the "Oil Pollution Act of 1990," as | 70479 |
| amended, the "Clean Water Act," as amended, or another applicable | 70480 |
| federal or state law. All investment earnings of the fund shall be | 70481 |
| credited to the fund. | 70482 |
| The director of environmental protection may enter into | 70483 |
| contracts and grant agreements with federal, state, or local | 70484 |
| government agencies, nonprofit organizations, and colleges and | 70485 |
| universities for the purpose of carrying out the director's | 70486 |
| responsibilities for which money may be expended from the fund. | 70487 |
| Sec. 3734.53. (A) The solid waste management plan of any | 70488 |
| county or joint solid waste management district shall be prepared | 70489 |
| in a format prescribed by the director of environmental protection | 70490 |
| and shall provide for compliance with the objectives of the state | 70491 |
| solid waste management plan and rules adopted under section | 70492 |
| 3734.50 of the Revised Code. The plan shall provide for, | 70493 |
| demonstrate, and certify the availability of and access to | 70494 |
| sufficient solid waste management facility capacity to meet the | 70495 |
| solid waste management needs of the district for the ten-year | 70496 |
| period covered by the plan. The solid waste management policy | 70497 |
| committee of a county or joint district created in section 3734.54 | 70498 |
| of the Revised Code may prepare and submit a solid waste | 70499 |
| management plan that covers and makes the required demonstration | 70500 |
| for a longer period of time. | 70501 |
| The solid waste management plan shall contain all of the | 70502 |
| following: | 70503 |
| (1) An inventory of the sources, composition, and quantities | 70504 |
| of solid wastes generated in the district during the current year; | 70505 |
| (2) An inventory of all existing facilities where solid | 70506 |
| wastes are being disposed of, all resource recovery facilities, | 70507 |
| and all recycling activities within the district. The inventory | 70508 |
| shall identify each such facility or activity and, for each | 70509 |
| disposal facility, shall estimate the remaining disposal capacity | 70510 |
| available at the facility. The inventory shall be accompanied by a | 70511 |
| map that shows the location of each such existing facility or | 70512 |
| activity. | 70513 |
| (3) An inventory of existing solid waste collection systems | 70514 |
| and routes, transportation systems and routes, and transfer | 70515 |
| facilities within the district. The inventory shall identify the | 70516 |
| entities engaging in solid waste collection within the district. | 70517 |
| (4) An inventory of open dumping sites for solid wastes, | 70518 |
| including solid wastes consisting of scrap tires, and facilities | 70519 |
| for the disposal of fly ash and bottom ash, foundry sand, and slag | 70520 |
| within the district. The inventory shall identify each such site | 70521 |
| or facility and shall be accompanied by a map that shows the | 70522 |
| location of each of them. | 70523 |
| (5) A projection of population changes within the district | 70524 |
| during the next ten years; | 70525 |
| (6) For each year of the forecast period, projections of the | 70526 |
| amounts and composition of solid wastes that will be generated | 70527 |
| within the district, the amounts of solid wastes originating | 70528 |
| outside the district that will be brought into the district for | 70529 |
| disposal or resource recovery, the nature of industrial activities | 70530 |
| within the district, and the effect of newly regulated waste | 70531 |
| streams, solid waste minimization activities, and solid waste | 70532 |
| recycling and reuse activities on solid waste generation rates. | 70533 |
| For each year of the forecast period, projections of waste | 70534 |
| quantities shall be compiled as an aggregate quantity of wastes. | 70535 |
| (7) An identification of the additional solid waste | 70536 |
| management facilities and the amount of additional capacity needed | 70537 |
| to dispose of the quantities of wastes projected in division | 70538 |
| (A)(6) of this section; | 70539 |
| (8) A strategy for identification of sites for the additional | 70540 |
| solid waste management facilities and capacity identified under | 70541 |
| division (A)(7) of this section; | 70542 |
| (9) An analysis and comparison of the capital and operating | 70543 |
| costs of the solid waste disposal facilities, solid waste resource | 70544 |
| recovery facilities, and solid waste recycling and reuse | 70545 |
| activities necessary to meet the solid waste management needs of | 70546 |
| the district, projected in five- and ten-year increments; | 70547 |
| (10) An analysis of expenses for which the district is liable | 70548 |
| under section 3734.35 of the Revised Code; | 70549 |
| (11) A projection of solid waste transfer facilities that | 70550 |
| will be needed in conjunction with existing solid waste facilities | 70551 |
| and those projected under division (A)(7) of this section; | 70552 |
| (12) Such other projections as the district considers | 70553 |
| necessary or appropriate to ascertain and meet the solid waste | 70554 |
| management needs of the district during the period covered by the | 70555 |
| plan; | 70556 |
| (13) A schedule for implementation of the plan that, when | 70557 |
| applicable, contains all of the following: | 70558 |
| (a) An identification of the solid waste disposal, transfer, | 70559 |
| and resource recovery facilities and recycling activities | 70560 |
| contained in the plan where solid wastes generated within or | 70561 |
| transported into the district will be taken for disposal, | 70562 |
| transfer, resource recovery, or recycling. An initial or amended | 70563 |
| plan prepared and ordered to be implemented by the director under | 70564 |
| section 3734.521, 3734.55, or 3734.56 of the Revised Code may | 70565 |
| designate solid waste disposal, transfer, or resource recovery | 70566 |
| facilities or recycling activities that are owned by a municipal | 70567 |
| corporation, county, county or joint solid waste management | 70568 |
| district, township, or township waste disposal district created | 70569 |
| under section 505.28 of the Revised Code for which debt issued | 70570 |
| under Chapter 133., 343., or 6123. of the Revised Code is | 70571 |
| outstanding where solid wastes generated within or transported | 70572 |
| into the district shall be taken for disposal, transfer, resource | 70573 |
| recovery, or recycling. | 70574 |
| (b) A schedule for closure of existing solid waste | 70575 |
| facilities, expansion of existing facilities, and establishment of | 70576 |
| new facilities. The schedule for expansion of existing facilities | 70577 |
| or establishment of new facilities shall include, without | 70578 |
| limitation, the approximate dates for filing applications for | 70579 |
| appropriate permits to install or modify those facilities under | 70580 |
| section 3734.05 of the Revised Code. | 70581 |
| (c) A schedule for implementation of solid waste recycling, | 70582 |
| reuse, and reduction programs needed to meet the waste reduction, | 70583 |
| recycling, reuse, and minimization objectives of the state solid | 70584 |
| waste management plan and rules adopted by the director under | 70585 |
| section 3734.50 of the Revised Code; | 70586 |
| (d) The methods of financing implementation of the plan and a | 70587 |
| demonstration of the availability of financial resources for that | 70588 |
| purpose. | 70589 |
| (14) A program for providing informational or technical | 70590 |
| assistance regarding source reduction to solid waste generators, | 70591 |
| or particular categories of solid waste generators, within the | 70592 |
| district. The plan shall set forth the types of assistance to be | 70593 |
| provided by the district and the specific categories of generators | 70594 |
| that are to be served. The district has the sole discretion to | 70595 |
| determine the types of assistance that are to be provided under | 70596 |
| the program and the categories of generators to be served by it. | 70597 |
| (B) In addition to the information, projections, | 70598 |
| demonstrations, and certification required by division (A) of this | 70599 |
| section, a plan shall do all of the following: | 70600 |
| (1) Establish the schedule of fees, if any, to be levied | 70601 |
| under divisions (B)(1) to (3) of section 3734.57 of the Revised | 70602 |
| Code; | 70603 |
| (2) Establish the fee, if any, to be levied under division | 70604 |
| (A) of section 3734.573 of the Revised Code; | 70605 |
| (3) Contain provisions governing the allocation among the | 70606 |
| purposes enumerated in divisions (G)(1) to (10) of section 3734.57 | 70607 |
| of the Revised Code of the moneys credited to the special fund of | 70608 |
| the district under division (G) of that section that are available | 70609 |
| for expenditure by the district under that division. The plan | 70610 |
| shall do all of the following: | 70611 |
| (a) Ensure that sufficient of the moneys so credited to and | 70612 |
| available from the special fund are available for use by the solid | 70613 |
| waste management policy committee of the district at the time the | 70614 |
| moneys are needed to monitor implementation of the plan and | 70615 |
| conduct its periodic review and amendment as required under | 70616 |
| section 3734.56 of the Revised Code; | 70617 |
| (b) Contain provisions governing the allocation and | 70618 |
| distribution of moneys credited to and available from the special | 70619 |
| fund of the district to health districts within the county or | 70620 |
| joint district that have approved programs under section 3734.08 | 70621 |
| of the Revised Code for the purposes of division (G)(3) of section | 70622 |
| 3734.57 of the Revised Code; | 70623 |
| (c) Contain provisions governing the allocation and | 70624 |
| distribution of moneys credited to and available from the special | 70625 |
| fund of the district to the county in which solid waste facilities | 70626 |
| are or are to be located and operated under the plan for the | 70627 |
| purposes of division (G)(4) of section 3734.57 of the Revised | 70628 |
| Code; | 70629 |
| (d) Contain provisions governing the allocation and | 70630 |
| distribution, pursuant to contracts entered into for that purpose, | 70631 |
| of moneys credited to and available from the special fund of the | 70632 |
| district to boards of health within the district in which solid | 70633 |
| waste facilities contained in the district's plan are located for | 70634 |
| the purposes of division (G)(5) of section 3734.57 of the Revised | 70635 |
| Code. | 70636 |
| (4) Incorporate all solid waste recycling activities that | 70637 |
| were in operation within the district on the effective date of the | 70638 |
| plan. | 70639 |
| (C) The solid waste management plan of a county or joint | 70640 |
| district may provide for the adoption of rules under division (G) | 70641 |
| of section 343.01 of the Revised Code after approval of the plan | 70642 |
| under section 3734.521 or 3734.55 of the Revised Code doing any or | 70643 |
| all of the following: | 70644 |
| (1) Prohibiting or limiting the receipt at facilities
| 70645 |
| 70646 | |
| solid wastes generated outside the district or outside a | 70647 |
| prescribed service area consistent with the projections under | 70648 |
|
divisions (A)(6) and (7) of this section | 70649 |
| rules adopted by a board under division (C)(1) of this section | 70650 |
| may be adopted and enforced with respect to facilities in the | 70651 |
| solid waste management district that are not owned by a county | 70652 |
| or the solid waste management district only if the board submits | 70653 |
| an application to the director of environmental protection that | 70654 |
| demonstrates that there is insufficient capacity to dispose of all | 70655 |
| solid wastes that are generated within the district at the | 70656 |
| facilities located within the district and the director approves | 70657 |
| the application. The demonstration in the application shall be | 70658 |
| based on projections contained in the plan or amended plan of the | 70659 |
| district. The director shall establish the form of the | 70660 |
| application. The approval or disapproval of such an application by | 70661 |
| the director is an action that is appealable under section 3745.04 | 70662 |
| of the Revised Code. | 70663 |
| In addition, the director of environmental protection may | 70664 |
| issue an order modifying a rule authorized to be adopted under | 70665 |
| division (C)(1) of this section to allow the disposal in the | 70666 |
| district of wastes from another county or joint solid waste | 70667 |
| management district if all of the following apply: | 70668 |
| (a) The district in which the wastes were generated does not | 70669 |
| have sufficient capacity to dispose of solid wastes generated | 70670 |
| within it for six months following the date of the director's | 70671 |
| order; | 70672 |
| (b) No new solid waste facilities will begin operation during | 70673 |
| those six months in the district in which the wastes were | 70674 |
| generated and, despite good faith efforts to do so, it is | 70675 |
| impossible to site new solid waste facilities within the district | 70676 |
| because of its high population density; | 70677 |
| (c) The district in which the wastes were generated has made | 70678 |
| good faith efforts to negotiate with other districts to | 70679 |
| incorporate its disposal needs within those districts' solid waste | 70680 |
| management plans, including efforts to develop joint facilities | 70681 |
| authorized under section 343.02 of the Revised Code, and the | 70682 |
| efforts have been unsuccessful; | 70683 |
| (d) The district in which the wastes were generated has | 70684 |
| located a facility willing to accept the district's solid wastes | 70685 |
| for disposal within the receiving district; | 70686 |
| (e) The district in which the wastes were generated has | 70687 |
| demonstrated to the director that the conditions specified in | 70688 |
| divisions (C)(1)(a) to (d) of this section have been met; | 70689 |
| (f) The director finds that the issuance of the order will be | 70690 |
| consistent with the state solid waste management plan and that | 70691 |
| receipt of the out-of-district wastes will not limit the capacity | 70692 |
| of the receiving district to dispose of its in-district wastes to | 70693 |
| less than eight years. Any order issued under division (C)(1) of | 70694 |
| this section shall not become final until thirty days after it has | 70695 |
| been served by certified mail upon the county or joint solid waste | 70696 |
| management district that will receive the out-of-district wastes. | 70697 |
| (2) Governing the maintenance, protection, and use of solid | 70698 |
| waste collection, storage, disposal, transfer, recycling, | 70699 |
| processing, and resource recovery facilities within the district | 70700 |
| and requiring the submission of general plans and specifications | 70701 |
| for the construction, enlargement, or modification of any such | 70702 |
| facility to the board of county commissioners or board of | 70703 |
| directors of the district for review and approval as complying | 70704 |
| with the plan or amended plan of the district; | 70705 |
| (3) Governing development and implementation of a program for | 70706 |
| the inspection of solid wastes generated outside the boundaries of | 70707 |
| the state that are being disposed of at solid waste facilities | 70708 |
| included in the district's plan; | 70709 |
| (4) Exempting the owner or operator of any existing or | 70710 |
| proposed solid waste facility provided for in the plan from | 70711 |
| compliance with any amendment to a township zoning resolution | 70712 |
| adopted under section 519.12 of the Revised Code or to a county | 70713 |
| rural zoning resolution adopted under section 303.12 of the | 70714 |
| Revised Code that rezoned or redistricted the parcel or parcels | 70715 |
| upon which the facility is to be constructed or modified and that | 70716 |
| became effective within two years prior to the filing of an | 70717 |
| application for a permit required under division (A)(2)(a) of | 70718 |
| section 3734.05 of the Revised Code to open a new or modify an | 70719 |
| existing solid waste facility. | 70720 |
| (D) Except for the inventories required by divisions (A)(1), | 70721 |
| (2), and (4) of this section and the projections required by | 70722 |
| division (A)(6) of this section, neither this section nor the | 70723 |
| solid waste management plan of a county or joint district applies | 70724 |
| to the construction, operation, use, repair, or maintenance of | 70725 |
| either of the following: | 70726 |
| (1) A solid waste facility owned by a generator of solid | 70727 |
| wastes when the solid waste facility exclusively disposes of solid | 70728 |
| wastes generated at one or more premises owned by the generator | 70729 |
| regardless of whether the facility is located on a premises where | 70730 |
| the wastes are generated; | 70731 |
| (2) A facility that exclusively disposes of wastes that are | 70732 |
| generated from the combustion of coal, or from the combustion of | 70733 |
| primarily coal in combination with scrap tires, that is not | 70734 |
| combined in any way with garbage at one or more premises owned by | 70735 |
| the generator. | 70736 |
| (E)(1) The initial solid waste management plans prepared by | 70737 |
| county or joint districts under section 3734.521 of the Revised | 70738 |
| Code and the amended plans prepared under section 3734.521 or | 70739 |
| 3734.56 of the Revised Code shall contain a clear statement as to | 70740 |
| whether the board of county commissioners or directors is | 70741 |
| authorized to or precluded from establishing facility designations | 70742 |
| under section 343.014 of the Revised Code. | 70743 |
| (2) A policy committee that is preparing a draft or revised | 70744 |
| draft plan under section 3734.55 of the Revised Code on October | 70745 |
| 29, 1993, may include in the draft or revised draft plan only one | 70746 |
| of the following pertaining to the solid waste facilities or | 70747 |
| recycling activities where solid wastes generated within or | 70748 |
| transported into the district are to be taken for disposal, | 70749 |
| transfer, resource recovery, or recycling: | 70750 |
| (a) The designations required under former division | 70751 |
| (A)(12)(a) of this section as it existed prior to October 29, | 70752 |
| 1993; | 70753 |
| (b) The identifications required in division (A)(12)(a) of | 70754 |
| this section and the statement required under division (E)(1) of | 70755 |
| this section; | 70756 |
| (c) Both of the following: | 70757 |
| (i) The designations required under former division | 70758 |
| (A)(12)(a) of this section as it existed prior to October 29, | 70759 |
| 1993, except that those designations only shall pertain to solid | 70760 |
| waste disposal, transfer, or resource recovery facilities or | 70761 |
| recycling activities that are owned by a municipal corporation, | 70762 |
| county, county or joint solid waste management district, township, | 70763 |
| or township waste disposal district created under section 505.28 | 70764 |
| of the Revised Code for which debt issued under Chapter 133., | 70765 |
| 343., or 6123. of the Revised Code is outstanding; | 70766 |
| (ii) The identifications required under division (A)(12)(a) | 70767 |
| of this section, and the statement required under division (E)(1) | 70768 |
| of this section, pertaining to the solid waste facilities and | 70769 |
| recycling activities described in division (A) of section 343.014 | 70770 |
| of the Revised Code. | 70771 |
| (F) Notwithstanding section 3734.01 of the Revised Code, | 70772 |
| "solid wastes" does not include scrap tires and "facility" does | 70773 |
| not include any scrap tire collection, storage, monocell, | 70774 |
| monofill, or recovery facility in either of the following | 70775 |
| circumstances: | 70776 |
| (1) For the purposes of an initial plan prepared and ordered | 70777 |
| to be implemented by the director under section 3734.55 of the | 70778 |
| Revised Code; | 70779 |
| (2) For the purposes of an initial or amended plan prepared | 70780 |
| and ordered to be implemented by the director under division (D) | 70781 |
| or (F)(1) or (2) of section 3734.521 of the Revised Code in | 70782 |
| connection with a change in district composition as defined in | 70783 |
| that section that involves an existing district that is operating | 70784 |
| under either an initial plan approved or prepared and ordered to | 70785 |
| be implemented under section 3734.55 of the Revised Code or an | 70786 |
| initial or amended plan approved or prepared and ordered to be | 70787 |
| implemented under section 3734.521 of the Revised Code that does | 70788 |
| not provide for the management of scrap tires and scrap tire | 70789 |
| facilities. | 70790 |
| (G) Notwithstanding section 3734.01 of the Revised Code, and | 70791 |
| except as provided in division (A)(4) of this section, "solid | 70792 |
| wastes" need not include scrap tires and "facility" need not | 70793 |
| include any scrap tire collection, storage, monocell, monofill, or | 70794 |
| recovery facility in either of the following circumstances: | 70795 |
| (1) For the purposes of an initial plan prepared under | 70796 |
| sections 3734.54 and 3734.55 of the Revised Code unless the solid | 70797 |
| waste management policy committee preparing the initial plan | 70798 |
| chooses to include the management of scrap tires and scrap tire | 70799 |
| facilities in the plan; | 70800 |
| (2) For the purposes of a preliminary demonstration of | 70801 |
| capacity as defined in section 3734.521 of the Revised Code, if | 70802 |
| any, and an initial or amended plan prepared under that section by | 70803 |
| the solid waste management policy committee of a solid waste | 70804 |
| management district resulting from proceedings for a change in | 70805 |
| district composition under sections 343.012 and 3734.521 of the | 70806 |
| Revised Code that involves an existing district that is operating | 70807 |
| either under an initial plan approved or prepared and ordered to | 70808 |
| be implemented under section 3734.55 of the Revised Code or under | 70809 |
| an initial or amended plan approved or prepared and ordered to be | 70810 |
| implemented under section 3734.521 of the Revised Code that does | 70811 |
| not provide for the management of scrap tires and scrap tire | 70812 |
| facilities unless the solid waste management policy committee of | 70813 |
| the district resulting from the change chooses to include the | 70814 |
| management of scrap tires and scrap tire facilities in the | 70815 |
| preliminary demonstration of capacity, if any, and the initial or | 70816 |
| amended plan prepared under section 3734.521 of the Revised Code | 70817 |
| in connection with the change proceedings. | 70818 |
| If a policy committee chooses to include the management of | 70819 |
| scrap tires and scrap tire facilities in an initial plan pursuant | 70820 |
| to division (G)(1) of this section, the initial plan shall | 70821 |
| incorporate all of the elements required under this section, and | 70822 |
| may incorporate any of the elements authorized under this section, | 70823 |
| for the purpose of managing solid wastes that consist of scrap | 70824 |
| tires and solid waste facilities that are scrap tire collection, | 70825 |
| storage, monocell, monofill, or recovery facilities. If a policy | 70826 |
| committee chooses to provide for the management of scrap tires and | 70827 |
| scrap tire facilities pursuant to division (G)(2) of this section, | 70828 |
| the preliminary demonstration of capacity, if one is required, | 70829 |
| shall incorporate all of the elements required under division | 70830 |
| (E)(1) or (2) of section 3734.521 of the Revised Code, as | 70831 |
| appropriate, for the purpose of managing solid wastes that consist | 70832 |
| of scrap tires and solid waste facilities that are scrap tire | 70833 |
| collection, storage, monocell, monofill, or recovery facilities. | 70834 |
| The initial or amended plan also shall incorporate all of the | 70835 |
| elements required under this section, and may incorporate any of | 70836 |
| the elements authorized under this section, for the purpose of | 70837 |
| managing solid wastes that consist of scrap tires and solid waste | 70838 |
| facilities that are scrap tire collection, storage, monocell, | 70839 |
| monofill, or recovery facilities. | 70840 |
| (H) Neither this section nor the solid waste management plan | 70841 |
| of a county or joint district applies to the construction, | 70842 |
| operation, use, repair, or maintenance of any compost facility | 70843 |
| that exclusively composts raw rendering material. | 70844 |
| Sec. 3734.57. (A) The following fees are hereby levied on | 70845 |
| the transfer or disposal of solid wastes in this state: | 70846 |
| (1) One dollar per ton on and after July 1, 2003, through | 70847 |
|
June 30, | 70848 |
| deposited in the state treasury to the credit of the hazardous | 70849 |
| waste facility management fund created in section 3734.18 of the | 70850 |
| Revised Code and one-half of the proceeds of which shall be | 70851 |
| deposited in the state treasury to the credit of the hazardous | 70852 |
| waste clean-up fund created in section 3734.28 of the Revised | 70853 |
| Code; | 70854 |
| (2) An additional one dollar per ton on and after July 1, | 70855 |
|
2003, through June 30,
| 70856 |
| deposited in the state treasury to the credit of the solid waste | 70857 |
| fund, which is hereby created. The environmental protection agency | 70858 |
| shall use money in the solid waste fund to pay the costs of | 70859 |
| administering and enforcing the laws pertaining to solid wastes, | 70860 |
| infectious wastes, and construction and demolition debris, | 70861 |
| including, without limitation, ground water evaluations related to | 70862 |
| solid wastes, infectious wastes, and construction and demolition | 70863 |
| debris, under this chapter and Chapter 3714. of the Revised Code | 70864 |
| and any rules adopted under them, providing compliance assistance | 70865 |
| to small businesses, and paying a share of the administrative | 70866 |
| costs of the environmental protection agency pursuant to section | 70867 |
| 3745.014 of the Revised Code. | 70868 |
| (3) An additional one dollar and fifty cents per ton on and | 70869 |
|
after July 1, 2005, through June 30, | 70870 |
| which shall be deposited in the state treasury to the credit of | 70871 |
| the environmental protection fund created in section 3745.015 of | 70872 |
| the Revised Code; | 70873 |
| (4) An additional one dollar per ton on and after August 1, | 70874 |
| 2009, through June 30, 2012, the proceeds of which shall be | 70875 |
| deposited in the state treasury to the credit of the environmental | 70876 |
| protection fund; | 70877 |
| (5) An additional twenty-five cents per ton on and after | 70878 |
| August 1, 2009, through June 30, 2012, the proceeds of which | 70879 |
| shall be deposited in the state treasury to the credit of the | 70880 |
| soil and water conservation district assistance fund created in | 70881 |
| section 1515.14 of the Revised Code. | 70882 |
| In the case of solid wastes that are taken to a solid waste | 70883 |
| transfer facility located in this state prior to being transported | 70884 |
| for disposal at a solid waste disposal facility located in this | 70885 |
| state or outside of this state, the fees levied under this | 70886 |
| division shall be collected by the owner or operator of the | 70887 |
| transfer facility as a trustee for the state. The amount of fees | 70888 |
| required to be collected under this division at such a transfer | 70889 |
| facility shall equal the total tonnage of solid wastes received at | 70890 |
| the facility multiplied by the fees levied under this division. In | 70891 |
| the case of solid wastes that are not taken to a solid waste | 70892 |
| transfer facility located in this state prior to being transported | 70893 |
| to a solid waste disposal facility, the fees shall be collected by | 70894 |
| the owner or operator of the solid waste disposal facility as a | 70895 |
| trustee for the state. The amount of fees required to be collected | 70896 |
| under this division at such a disposal facility shall equal the | 70897 |
| total tonnage of solid wastes received at the facility that was | 70898 |
| not previously taken to a solid waste transfer facility located in | 70899 |
| this state multiplied by the fees levied under this division. Fees | 70900 |
| levied under this division do not apply to materials separated | 70901 |
| from a mixed waste stream for recycling by a generator or | 70902 |
| materials removed from the solid waste stream through recycling, | 70903 |
| as "recycling" is defined in rules adopted under section 3734.02 | 70904 |
| of the Revised Code. | 70905 |
| The owner or operator of a solid waste transfer facility or | 70906 |
| disposal facility, as applicable, shall prepare and file with the | 70907 |
| director of environmental protection each month a return | 70908 |
| indicating the total tonnage of solid wastes received at the | 70909 |
| facility during that month and the total amount of the fees | 70910 |
| required to be collected under this division during that month. In | 70911 |
| addition, the owner or operator of a solid waste disposal facility | 70912 |
| shall indicate on the return the total tonnage of solid wastes | 70913 |
| received from transfer facilities located in this state during | 70914 |
| that month for which the fees were required to be collected by the | 70915 |
| transfer facilities. The monthly returns shall be filed on a form | 70916 |
| prescribed by the director. Not later than thirty days after the | 70917 |
| last day of the month to which a return applies, the owner or | 70918 |
| operator shall mail to the director the return for that month | 70919 |
| together with the fees required to be collected under this | 70920 |
| division during that month as indicated on the return or may | 70921 |
| submit the return and fees electronically in a manner approved by | 70922 |
| the director. If the return is filed and the amount of the fees | 70923 |
| due is paid in a timely manner as required in this division, the | 70924 |
| owner or operator may retain a discount of three-fourths of one | 70925 |
| per cent of the total amount of the fees that are required to be | 70926 |
| paid as indicated on the return. | 70927 |
| The owner or operator may request an extension of not more | 70928 |
| than thirty days for filing the return and remitting the fees, | 70929 |
| provided that the owner or operator has submitted such a request | 70930 |
| in writing to the director together with a detailed description of | 70931 |
| why the extension is requested, the director has received the | 70932 |
| request not later than the day on which the return is required to | 70933 |
| be filed, and the director has approved the request. If the fees | 70934 |
| are not remitted within thirty days after the last day of the | 70935 |
| month to which the return applies or are not remitted by the last | 70936 |
| day of an extension approved by the director, the owner or | 70937 |
| operator shall not retain the three-fourths of one per cent | 70938 |
| discount and shall pay an additional ten per cent of the amount of | 70939 |
| the fees for each month that they are late. For purposes of | 70940 |
| calculating the late fee, the first month in which fees are late | 70941 |
| begins on the first day after the deadline has passed for timely | 70942 |
| submitting the return and fees, and one additional month shall be | 70943 |
| counted every thirty days thereafter. | 70944 |
| The owner or operator of a solid waste facility may request a | 70945 |
| refund or credit of fees levied under this division and remitted | 70946 |
| to the director that have not been paid to the owner or operator. | 70947 |
| Such a request shall be made only if the fees have not been | 70948 |
| collected by the owner or operator, have become a debt that has | 70949 |
| become worthless or uncollectable for a period of six months or | 70950 |
| more, and may be claimed as a deduction, including a deduction | 70951 |
| claimed if the owner or operator keeps accounts on an accrual | 70952 |
| basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 | 70953 |
| U.S.C. 166, as amended, and regulations adopted under it. Prior to | 70954 |
| making a request for a refund or credit, an owner or operator | 70955 |
| shall make reasonable efforts to collect the applicable fees. A | 70956 |
| request for a refund or credit shall not include any costs | 70957 |
| resulting from those efforts to collect unpaid fees. | 70958 |
| A request for a refund or credit of fees shall be made in | 70959 |
| writing, on a form prescribed by the director, and shall be | 70960 |
| supported by evidence that may be required in rules adopted by the | 70961 |
| director under this chapter. After reviewing the request, and if | 70962 |
| the request and evidence submitted with the request indicate that | 70963 |
| a refund or credit is warranted, the director shall grant a refund | 70964 |
| to the owner or operator or shall permit a credit to be taken by | 70965 |
| the owner or operator on a subsequent monthly return submitted by | 70966 |
| the owner or operator. The amount of a refund or credit shall not | 70967 |
| exceed an amount that is equal to ninety days' worth of fees owed | 70968 |
| to an owner or operator by a particular debtor of the owner or | 70969 |
| operator. A refund or credit shall not be granted by the director | 70970 |
| to an owner or operator more than once in any twelve-month period | 70971 |
| for fees owed to the owner or operator by a particular debtor. | 70972 |
| If, after receiving a refund or credit from the director, an | 70973 |
| owner or operator receives payment of all or part of the fees, the | 70974 |
| owner or operator shall remit the fees with the next monthly | 70975 |
| return submitted to the director together with a written | 70976 |
| explanation of the reason for the submittal. | 70977 |
| For purposes of computing the fees levied under this division | 70978 |
| or division (B) of this section, any solid waste transfer or | 70979 |
| disposal facility that does not use scales as a means of | 70980 |
| determining gate receipts shall use a conversion factor of three | 70981 |
| cubic yards per ton of solid waste or one cubic yard per ton for | 70982 |
| baled waste, as applicable. | 70983 |
| The fees levied under this division and divisions (B) and (C) | 70984 |
| of this section are in addition to all other applicable fees and | 70985 |
| taxes and shall be paid by the customer or a political subdivision | 70986 |
| to the owner or operator of a solid waste transfer or disposal | 70987 |
| facility. In the alternative, the fees shall be paid by a customer | 70988 |
| or political subdivision to a transporter of waste who | 70989 |
| subsequently transfers the fees to the owner or operator of such a | 70990 |
| facility. The fees shall be paid notwithstanding the existence of | 70991 |
| any provision in a contract that the customer or a political | 70992 |
| subdivision may have with the owner or operator or with a | 70993 |
| transporter of waste to the facility that would not require or | 70994 |
| allow such payment regardless of whether the contract was entered | 70995 |
| prior to or after the effective date of this amendment. For those | 70996 |
| purposes, "customer" means a person who contracts with, or | 70997 |
| utilizes the solid waste services of, the owner or operator of a | 70998 |
| solid waste transfer or disposal facility or a transporter of | 70999 |
| solid waste to such a facility. | 71000 |
| (B) For the purposes specified in division (G) of this | 71001 |
| section, the solid waste management policy committee of a county | 71002 |
| or joint solid waste management district may levy fees upon the | 71003 |
| following activities: | 71004 |
| (1) The disposal at a solid waste disposal facility located | 71005 |
| in the district of solid wastes generated within the district; | 71006 |
| (2) The disposal at a solid waste disposal facility within | 71007 |
| the district of solid wastes generated outside the boundaries of | 71008 |
| the district, but inside this state; | 71009 |
| (3) The disposal at a solid waste disposal facility within | 71010 |
| the district of solid wastes generated outside the boundaries of | 71011 |
| this state. | 71012 |
| The solid waste management plan of the county or joint | 71013 |
| district approved under section 3734.521 or 3734.55 of the Revised | 71014 |
| Code and any amendments to it, or the resolution adopted under | 71015 |
| this division, as appropriate, shall establish the rates of the | 71016 |
| fees levied under divisions (B)(1), (2), and (3) of this section, | 71017 |
| if any, and shall specify whether the fees are levied on the basis | 71018 |
| of tons or cubic yards as the unit of measurement. A solid waste | 71019 |
| management district that levies fees under this division on the | 71020 |
| basis of cubic yards shall do so in accordance with division (A) | 71021 |
| of this section. | 71022 |
| The fee levied under division (B)(1) of this section shall be | 71023 |
| not less than one dollar per ton nor more than two dollars per | 71024 |
| ton, the fee levied under division (B)(2) of this section shall be | 71025 |
| not less than two dollars per ton nor more than four dollars per | 71026 |
| ton, and the fee levied under division (B)(3) of this section | 71027 |
| shall be not more than the fee levied under division (B)(1) of | 71028 |
| this section. | 71029 |
| Prior to the approval of the solid waste management plan of a | 71030 |
| district under section 3734.55 of the Revised Code, the solid | 71031 |
| waste management policy committee of a district may levy fees | 71032 |
| under this division by adopting a resolution establishing the | 71033 |
| proposed amount of the fees. Upon adopting the resolution, the | 71034 |
| committee shall deliver a copy of the resolution to the board of | 71035 |
| county commissioners of each county forming the district and to | 71036 |
| the legislative authority of each municipal corporation and | 71037 |
| township under the jurisdiction of the district and shall prepare | 71038 |
| and publish the resolution and a notice of the time and location | 71039 |
| where a public hearing on the fees will be held. Upon adopting the | 71040 |
| resolution, the committee shall deliver written notice of the | 71041 |
| adoption of the resolution; of the amount of the proposed fees; | 71042 |
| and of the date, time, and location of the public hearing to the | 71043 |
| director and to the fifty industrial, commercial, or institutional | 71044 |
| generators of solid wastes within the district that generate the | 71045 |
| largest quantities of solid wastes, as determined by the | 71046 |
| committee, and to their local trade associations. The committee | 71047 |
| shall make good faith efforts to identify those generators within | 71048 |
| the district and their local trade associations, but the | 71049 |
| nonprovision of notice under this division to a particular | 71050 |
| generator or local trade association does not invalidate the | 71051 |
| proceedings under this division. The publication shall occur at | 71052 |
| least thirty days before the hearing. After the hearing, the | 71053 |
| committee may make such revisions to the proposed fees as it | 71054 |
| considers appropriate and thereafter, by resolution, shall adopt | 71055 |
| the revised fee schedule. Upon adopting the revised fee schedule, | 71056 |
| the committee shall deliver a copy of the resolution doing so to | 71057 |
| the board of county commissioners of each county forming the | 71058 |
| district and to the legislative authority of each municipal | 71059 |
| corporation and township under the jurisdiction of the district. | 71060 |
| Within sixty days after the delivery of a copy of the resolution | 71061 |
| adopting the proposed revised fees by the policy committee, each | 71062 |
| such board and legislative authority, by ordinance or resolution, | 71063 |
| shall approve or disapprove the revised fees and deliver a copy of | 71064 |
| the ordinance or resolution to the committee. If any such board or | 71065 |
| legislative authority fails to adopt and deliver to the policy | 71066 |
| committee an ordinance or resolution approving or disapproving the | 71067 |
| revised fees within sixty days after the policy committee | 71068 |
| delivered its resolution adopting the proposed revised fees, it | 71069 |
| shall be conclusively presumed that the board or legislative | 71070 |
| authority has approved the proposed revised fees. The committee | 71071 |
| shall determine if the resolution has been ratified in the same | 71072 |
| manner in which it determines if a draft solid waste management | 71073 |
| plan has been ratified under division (B) of section 3734.55 of | 71074 |
| the Revised Code. | 71075 |
| The committee may amend the schedule of fees levied pursuant | 71076 |
| to a resolution adopted and ratified under this division by | 71077 |
| adopting a resolution establishing the proposed amount of the | 71078 |
| amended fees. The committee may repeal the fees levied pursuant to | 71079 |
| such a resolution by adopting a resolution proposing to repeal | 71080 |
| them. Upon adopting such a resolution, the committee shall proceed | 71081 |
| to obtain ratification of the resolution in accordance with this | 71082 |
| division. | 71083 |
| Not later than fourteen days after declaring the new fees to | 71084 |
| be ratified or the fees to be repealed under this division, the | 71085 |
| committee shall notify by certified mail the owner or operator of | 71086 |
| each solid waste disposal facility that is required to collect the | 71087 |
| fees of the ratification and the amount of the fees or of the | 71088 |
| repeal of the fees. Collection of any fees shall commence or | 71089 |
| collection of repealed fees shall cease on the first day of the | 71090 |
| second month following the month in which notification is sent to | 71091 |
| the owner or operator. | 71092 |
| Fees levied under this division also may be established, | 71093 |
| amended, or repealed by a solid waste management policy committee | 71094 |
| through the adoption of a new district solid waste management | 71095 |
| plan, the adoption of an amended plan, or the amendment of the | 71096 |
| plan or amended plan in accordance with sections 3734.55 and | 71097 |
| 3734.56 of the Revised Code or the adoption or amendment of a | 71098 |
| district plan in connection with a change in district composition | 71099 |
| under section 3734.521 of the Revised Code. | 71100 |
| Not later than fourteen days after the director issues an | 71101 |
| order approving a district's solid waste management plan, amended | 71102 |
| plan, or amendment to a plan or amended plan that establishes, | 71103 |
| amends, or repeals a schedule of fees levied by the district, the | 71104 |
| committee shall notify by certified mail the owner or operator of | 71105 |
| each solid waste disposal facility that is required to collect the | 71106 |
| fees of the approval of the plan or amended plan, or the amendment | 71107 |
| to the plan, as appropriate, and the amount of the fees, if any. | 71108 |
| In the case of an initial or amended plan approved under section | 71109 |
| 3734.521 of the Revised Code in connection with a change in | 71110 |
| district composition, other than one involving the withdrawal of a | 71111 |
| county from a joint district, the committee, within fourteen days | 71112 |
| after the change takes effect pursuant to division (G) of that | 71113 |
| section, shall notify by certified mail the owner or operator of | 71114 |
| each solid waste disposal facility that is required to collect the | 71115 |
| fees that the change has taken effect and of the amount of the | 71116 |
| fees, if any. Collection of any fees shall commence or collection | 71117 |
| of repealed fees shall cease on the first day of the second month | 71118 |
| following the month in which notification is sent to the owner or | 71119 |
| operator. | 71120 |
| If, in the case of a change in district composition involving | 71121 |
| the withdrawal of a county from a joint district, the director | 71122 |
| completes the actions required under division (G)(1) or (3) of | 71123 |
| section 3734.521 of the Revised Code, as appropriate, forty-five | 71124 |
| days or more before the beginning of a calendar year, the policy | 71125 |
| committee of each of the districts resulting from the change that | 71126 |
| obtained the director's approval of an initial or amended plan in | 71127 |
| connection with the change, within fourteen days after the | 71128 |
| director's completion of the required actions, shall notify by | 71129 |
| certified mail the owner or operator of each solid waste disposal | 71130 |
| facility that is required to collect the district's fees that the | 71131 |
| change is to take effect on the first day of January immediately | 71132 |
| following the issuance of the notice and of the amount of the fees | 71133 |
| or amended fees levied under divisions (B)(1) to (3) of this | 71134 |
| section pursuant to the district's initial or amended plan as so | 71135 |
| approved or, if appropriate, the repeal of the district's fees by | 71136 |
| that initial or amended plan. Collection of any fees set forth in | 71137 |
| such a plan or amended plan shall commence on the first day of | 71138 |
| January immediately following the issuance of the notice. If such | 71139 |
| an initial or amended plan repeals a schedule of fees, collection | 71140 |
| of the fees shall cease on that first day of January. | 71141 |
| If, in the case of a change in district composition involving | 71142 |
| the withdrawal of a county from a joint district, the director | 71143 |
| completes the actions required under division (G)(1) or (3) of | 71144 |
| section 3734.521 of the Revised Code, as appropriate, less than | 71145 |
| forty-five days before the beginning of a calendar year, the | 71146 |
| director, on behalf of each of the districts resulting from the | 71147 |
| change that obtained the director's approval of an initial or | 71148 |
| amended plan in connection with the change proceedings, shall | 71149 |
| notify by certified mail the owner or operator of each solid waste | 71150 |
| disposal facility that is required to collect the district's fees | 71151 |
| that the change is to take effect on the first day of January | 71152 |
| immediately following the mailing of the notice and of the amount | 71153 |
| of the fees or amended fees levied under divisions (B)(1) to (3) | 71154 |
| of this section pursuant to the district's initial or amended plan | 71155 |
| as so approved or, if appropriate, the repeal of the district's | 71156 |
| fees by that initial or amended plan. Collection of any fees set | 71157 |
| forth in such a plan or amended plan shall commence on the first | 71158 |
| day of the second month following the month in which notification | 71159 |
| is sent to the owner or operator. If such an initial or amended | 71160 |
| plan repeals a schedule of fees, collection of the fees shall | 71161 |
| cease on the first day of the second month following the month in | 71162 |
| which notification is sent to the owner or operator. | 71163 |
| If the schedule of fees that a solid waste management | 71164 |
| district is levying under divisions (B)(1) to (3) of this section | 71165 |
| is amended or repealed, the fees in effect immediately prior to | 71166 |
| the amendment or repeal shall continue to be collected until | 71167 |
| collection of the amended fees commences or collection of the | 71168 |
| repealed fees ceases, as applicable, as specified in this | 71169 |
| division. In the case of a change in district composition, money | 71170 |
| so received from the collection of the fees of the former | 71171 |
| districts shall be divided among the resulting districts in | 71172 |
| accordance with division (B) of section 343.012 of the Revised | 71173 |
| Code and the agreements entered into under division (B) of section | 71174 |
| 343.01 of the Revised Code to establish the former and resulting | 71175 |
| districts and any amendments to those agreements. | 71176 |
| For the purposes of the provisions of division (B) of this | 71177 |
| section establishing the times when newly established or amended | 71178 |
| fees levied by a district are required to commence and the | 71179 |
| collection of fees that have been amended or repealed is required | 71180 |
| to cease, "fees" or "schedule of fees" includes, in addition to | 71181 |
| fees levied under divisions (B)(1) to (3) of this section, those | 71182 |
| levied under section 3734.573 or 3734.574 of the Revised Code. | 71183 |
| (C) For the purposes of defraying the added costs to a | 71184 |
| municipal corporation or township of maintaining roads and other | 71185 |
| public facilities and of providing emergency and other public | 71186 |
| services, and compensating a municipal corporation or township for | 71187 |
| reductions in real property tax revenues due to reductions in real | 71188 |
| property valuations resulting from the location and operation of a | 71189 |
| solid waste disposal facility within the municipal corporation or | 71190 |
| township, a municipal corporation or township in which such a | 71191 |
| solid waste disposal facility is located may levy a fee of not | 71192 |
| more than twenty-five cents per ton on the disposal of solid | 71193 |
| wastes at a solid waste disposal facility located within the | 71194 |
| boundaries of the municipal corporation or township regardless of | 71195 |
| where the wastes were generated. | 71196 |
| The legislative authority of a municipal corporation or | 71197 |
| township may levy fees under this division by enacting an | 71198 |
| ordinance or adopting a resolution establishing the amount of the | 71199 |
| fees. Upon so doing the legislative authority shall mail a | 71200 |
| certified copy of the ordinance or resolution to the board of | 71201 |
| county commissioners or directors of the county or joint solid | 71202 |
| waste management district in which the municipal corporation or | 71203 |
| township is located or, if a regional solid waste management | 71204 |
| authority has been formed under section 343.011 of the Revised | 71205 |
| Code, to the board of trustees of that regional authority, the | 71206 |
| owner or operator of each solid waste disposal facility in the | 71207 |
| municipal corporation or township that is required to collect the | 71208 |
| fee by the ordinance or resolution, and the director of | 71209 |
| environmental protection. Although the fees levied under this | 71210 |
| division are levied on the basis of tons as the unit of | 71211 |
| measurement, the legislative authority, in its ordinance or | 71212 |
| resolution levying the fees under this division, may direct that | 71213 |
| the fees be levied on the basis of cubic yards as the unit of | 71214 |
| measurement based upon a conversion factor of three cubic yards | 71215 |
| per ton generally or one cubic yard per ton for baled wastes. | 71216 |
| Not later than five days after enacting an ordinance or | 71217 |
| adopting a resolution under this division, the legislative | 71218 |
| authority shall so notify by certified mail the owner or operator | 71219 |
| of each solid waste disposal facility that is required to collect | 71220 |
| the fee. Collection of any fee levied on or after March 24, 1992, | 71221 |
| shall commence on the first day of the second month following the | 71222 |
| month in which notification is sent to the owner or operator. | 71223 |
| (D)(1) The fees levied under divisions (A), (B), and (C) of | 71224 |
| this section do not apply to the disposal of solid wastes that: | 71225 |
| (a) Are disposed of at a facility owned by the generator of | 71226 |
| the wastes when the solid waste facility exclusively disposes of | 71227 |
| solid wastes generated at one or more premises owned by the | 71228 |
| generator regardless of whether the facility is located on a | 71229 |
| premises where the wastes are generated; | 71230 |
| (b) Are disposed of at facilities that exclusively dispose of | 71231 |
| wastes that are generated from the combustion of coal, or from the | 71232 |
| combustion of primarily coal in combination with scrap tires, that | 71233 |
| is not combined in any way with garbage at one or more premises | 71234 |
| owned by the generator. | 71235 |
| (2) Except as provided in section 3734.571 of the Revised | 71236 |
| Code, any fees levied under division (B)(1) of this section apply | 71237 |
| to solid wastes originating outside the boundaries of a county or | 71238 |
| joint district that are covered by an agreement for the joint use | 71239 |
| of solid waste facilities entered into under section 343.02 of the | 71240 |
| Revised Code by the board of county commissioners or board of | 71241 |
| directors of the county or joint district where the wastes are | 71242 |
| generated and disposed of. | 71243 |
| (3) When solid wastes, other than solid wastes that consist | 71244 |
| of scrap tires, are burned in a disposal facility that is an | 71245 |
| incinerator or energy recovery facility, the fees levied under | 71246 |
| divisions (A), (B), and (C) of this section shall be levied upon | 71247 |
| the disposal of the fly ash and bottom ash remaining after burning | 71248 |
| of the solid wastes and shall be collected by the owner or | 71249 |
| operator of the sanitary landfill where the ash is disposed of. | 71250 |
| (4) When solid wastes are delivered to a solid waste transfer | 71251 |
| facility, the fees levied under divisions (B) and (C) of this | 71252 |
| section shall be levied upon the disposal of solid wastes | 71253 |
| transported off the premises of the transfer facility for disposal | 71254 |
| and shall be collected by the owner or operator of the solid waste | 71255 |
| disposal facility where the wastes are disposed of. | 71256 |
| (5) The fees levied under divisions (A), (B), and (C) of this | 71257 |
| section do not apply to sewage sludge that is generated by a waste | 71258 |
| water treatment facility holding a national pollutant discharge | 71259 |
| elimination system permit and that is disposed of through | 71260 |
| incineration, land application, or composting or at another | 71261 |
| resource recovery or disposal facility that is not a landfill. | 71262 |
| (6) The fees levied under divisions (A), (B), and (C) of this | 71263 |
| section do not apply to solid wastes delivered to a solid waste | 71264 |
| composting facility for processing. When any unprocessed solid | 71265 |
| waste or compost product is transported off the premises of a | 71266 |
| composting facility and disposed of at a landfill, the fees levied | 71267 |
| under divisions (A), (B), and (C) of this section shall be | 71268 |
| collected by the owner or operator of the landfill where the | 71269 |
| unprocessed waste or compost product is disposed of. | 71270 |
| (7) When solid wastes that consist of scrap tires are | 71271 |
| processed at a scrap tire recovery facility, the fees levied under | 71272 |
| divisions (A), (B), and (C) of this section shall be levied upon | 71273 |
| the disposal of the fly ash and bottom ash or other solid wastes | 71274 |
| remaining after the processing of the scrap tires and shall be | 71275 |
| collected by the owner or operator of the solid waste disposal | 71276 |
| facility where the ash or other solid wastes are disposed of. | 71277 |
| (8) The director of environmental protection may issue an | 71278 |
| order exempting from the fees levied under this section solid | 71279 |
| wastes, including, but not limited to, scrap tires, that are | 71280 |
| generated, transferred, or disposed of as a result of a contract | 71281 |
| providing for the expenditure of public funds entered into by the | 71282 |
| administrator or regional administrator of the United States | 71283 |
| environmental protection agency, the director of environmental | 71284 |
| protection, or the director of administrative services on behalf | 71285 |
| of the director of environmental protection for the purpose of | 71286 |
| remediating conditions at a hazardous waste facility, solid waste | 71287 |
| facility, or other location at which the administrator or regional | 71288 |
| administrator or the director of environmental protection has | 71289 |
| reason to believe that there is a substantial threat to public | 71290 |
| health or safety or the environment or that the conditions are | 71291 |
| causing or contributing to air or water pollution or soil | 71292 |
| contamination. An order issued by the director of environmental | 71293 |
| protection under division (D)(8) of this section shall include a | 71294 |
| determination that the amount of the fees not received by a solid | 71295 |
| waste management district as a result of the order will not | 71296 |
| adversely impact the implementation and financing of the | 71297 |
| district's approved solid waste management plan and any approved | 71298 |
| amendments to the plan. Such an order is a final action of the | 71299 |
| director of environmental protection. | 71300 |
| (E) The fees levied under divisions (B) and (C) of this | 71301 |
| section shall be collected by the owner or operator of the solid | 71302 |
| waste disposal facility where the wastes are disposed of as a | 71303 |
| trustee for the county or joint district and municipal corporation | 71304 |
| or township where the wastes are disposed of. Moneys from the fees | 71305 |
| levied under division (B) of this section shall be forwarded to | 71306 |
| the board of county commissioners or board of directors of the | 71307 |
| district in accordance with rules adopted under division (H) of | 71308 |
| this section. Moneys from the fees levied under division (C) of | 71309 |
| this section shall be forwarded to the treasurer or such other | 71310 |
| officer of the municipal corporation as, by virtue of the charter, | 71311 |
| has the duties of the treasurer or to the fiscal officer of the | 71312 |
| township, as appropriate, in accordance with those rules. | 71313 |
| (F) Moneys received by the treasurer or other officer of the | 71314 |
| municipal corporation under division (E) of this section shall be | 71315 |
| paid into the general fund of the municipal corporation. Moneys | 71316 |
| received by the fiscal officer of the township under that division | 71317 |
| shall be paid into the general fund of the township. The treasurer | 71318 |
| or other officer of the municipal corporation or the township | 71319 |
| fiscal officer, as appropriate, shall maintain separate records of | 71320 |
| the moneys received from the fees levied under division (C) of | 71321 |
| this section. | 71322 |
| (G) Moneys received by the board of county commissioners or | 71323 |
| board of directors under division (E) of this section or section | 71324 |
| 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 71325 |
| shall be paid to the county treasurer, or other official acting in | 71326 |
| a similar capacity under a county charter, in a county district or | 71327 |
| to the county treasurer or other official designated by the board | 71328 |
| of directors in a joint district and kept in a separate and | 71329 |
| distinct fund to the credit of the district. If a regional solid | 71330 |
| waste management authority has been formed under section 343.011 | 71331 |
| of the Revised Code, moneys received by the board of trustees of | 71332 |
| that regional authority under division (E) of this section shall | 71333 |
| be kept by the board in a separate and distinct fund to the credit | 71334 |
| of the district. Moneys in the special fund of the county or joint | 71335 |
| district arising from the fees levied under division (B) of this | 71336 |
| section and the fee levied under division (A) of section 3734.573 | 71337 |
| of the Revised Code shall be expended by the board of county | 71338 |
| commissioners or directors of the district in accordance with the | 71339 |
| district's solid waste management plan or amended plan approved | 71340 |
| under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 71341 |
| exclusively for the following purposes: | 71342 |
| (1) Preparation of the solid waste management plan of the | 71343 |
| district under section 3734.54 of the Revised Code, monitoring | 71344 |
| implementation of the plan, and conducting the periodic review and | 71345 |
| amendment of the plan required by section 3734.56 of the Revised | 71346 |
| Code by the solid waste management policy committee; | 71347 |
| (2) Implementation of the approved solid waste management | 71348 |
| plan or amended plan of the district, including, without | 71349 |
| limitation, the development and implementation of solid waste | 71350 |
| recycling or reduction programs; | 71351 |
| (3) Providing financial assistance to boards of health within | 71352 |
| the district, if solid waste facilities are located within the | 71353 |
| district, for enforcement of this chapter and rules, orders, and | 71354 |
| terms and conditions of permits, licenses, and variances adopted | 71355 |
| or issued under it, other than the hazardous waste provisions of | 71356 |
| this chapter and rules adopted and orders and terms and conditions | 71357 |
| of permits issued under those provisions; | 71358 |
| (4) Providing financial assistance to each county within the | 71359 |
| district to defray the added costs of maintaining roads and other | 71360 |
| public facilities and of providing emergency and other public | 71361 |
| services resulting from the location and operation of a solid | 71362 |
| waste facility within the county under the district's approved | 71363 |
| solid waste management plan or amended plan; | 71364 |
| (5) Pursuant to contracts entered into with boards of health | 71365 |
| within the district, if solid waste facilities contained in the | 71366 |
| district's approved plan or amended plan are located within the | 71367 |
| district, for paying the costs incurred by those boards of health | 71368 |
| for collecting and analyzing samples from public or private water | 71369 |
| wells on lands adjacent to those facilities; | 71370 |
| (6) Developing and implementing a program for the inspection | 71371 |
| of solid wastes generated outside the boundaries of this state | 71372 |
| that are disposed of at solid waste facilities included in the | 71373 |
| district's approved solid waste management plan or amended plan; | 71374 |
| (7) Providing financial assistance to boards of health within | 71375 |
| the district for the enforcement of section 3734.03 of the Revised | 71376 |
| Code or to local law enforcement agencies having jurisdiction | 71377 |
| within the district for enforcing anti-littering laws and | 71378 |
| ordinances; | 71379 |
| (8) Providing financial assistance to boards of health of | 71380 |
| health districts within the district that are on the approved list | 71381 |
| under section 3734.08 of the Revised Code to defray the costs to | 71382 |
| the health districts for the participation of their employees | 71383 |
| responsible for enforcement of the solid waste provisions of this | 71384 |
| chapter and rules adopted and orders and terms and conditions of | 71385 |
| permits, licenses, and variances issued under those provisions in | 71386 |
| the training and certification program as required by rules | 71387 |
| adopted under division (L) of section 3734.02 of the Revised Code; | 71388 |
| (9) Providing financial assistance to individual municipal | 71389 |
| corporations and townships within the district to defray their | 71390 |
| added costs of maintaining roads and other public facilities and | 71391 |
| of providing emergency and other public services resulting from | 71392 |
| the location and operation within their boundaries of a | 71393 |
| composting, energy or resource recovery, incineration, or | 71394 |
| recycling facility that either is owned by the district or is | 71395 |
| furnishing solid waste management facility or recycling services | 71396 |
| to the district pursuant to a contract or agreement with the board | 71397 |
| of county commissioners or directors of the district; | 71398 |
| (10) Payment of any expenses that are agreed to, awarded, or | 71399 |
| ordered to be paid under section 3734.35 of the Revised Code and | 71400 |
| of any administrative costs incurred pursuant to that section. In | 71401 |
| the case of a joint solid waste management district, if the board | 71402 |
| of county commissioners of one of the counties in the district is | 71403 |
| negotiating on behalf of affected communities, as defined in that | 71404 |
| section, in that county, the board shall obtain the approval of | 71405 |
| the board of directors of the district in order to expend moneys | 71406 |
| for administrative costs incurred. | 71407 |
| Prior to the approval of the district's solid waste | 71408 |
| management plan under section 3734.55 of the Revised Code, moneys | 71409 |
| in the special fund of the district arising from the fees shall be | 71410 |
| expended for those purposes in the manner prescribed by the solid | 71411 |
| waste management policy committee by resolution. | 71412 |
| Notwithstanding division (G)(6) of this section as it existed | 71413 |
| prior to October 29, 1993, or any provision in a district's solid | 71414 |
| waste management plan prepared in accordance with division | 71415 |
| (B)(2)(e) of section 3734.53 of the Revised Code as it existed | 71416 |
| prior to that date, any moneys arising from the fees levied under | 71417 |
| division (B)(3) of this section prior to January 1, 1994, may be | 71418 |
| expended for any of the purposes authorized in divisions (G)(1) to | 71419 |
| (10) of this section. | 71420 |
| (H) The director shall adopt rules in accordance with Chapter | 71421 |
| 119. of the Revised Code prescribing procedures for collecting and | 71422 |
| forwarding the fees levied under divisions (B) and (C) of this | 71423 |
| section to the boards of county commissioners or directors of | 71424 |
| county or joint solid waste management districts and to the | 71425 |
| treasurers or other officers of municipal corporations and the | 71426 |
| fiscal officers of townships. The rules also shall prescribe the | 71427 |
| dates for forwarding the fees to the boards and officials and may | 71428 |
| prescribe any other requirements the director considers necessary | 71429 |
| or appropriate to implement and administer divisions (A), (B), and | 71430 |
| (C) of this section. | 71431 |
| Sec. 3734.573. (A) For the purposes specified in division | 71432 |
| (G) of section 3734.57 of the Revised Code, the solid waste | 71433 |
| management policy committee of a county or joint solid waste | 71434 |
| management district may levy a fee on the generation of solid | 71435 |
| wastes within the district. | 71436 |
| The initial or amended solid waste management plan of the | 71437 |
| county or joint district approved under section 3734.521, 3734.55, | 71438 |
| or 3734.56 of the Revised Code, an amendment to the district's | 71439 |
| plan adopted under division (E) of section 3734.56 of the Revised | 71440 |
| Code, or the resolution adopted and ratified under division (B) of | 71441 |
| this section shall establish the rate of the fee levied under this | 71442 |
| division and shall specify whether the fee is levied on the basis | 71443 |
| of tons or cubic yards as the unit of measurement. | 71444 |
| (B) Prior to the approval under division (A) of section | 71445 |
| 3734.56 of the Revised Code of the first amended plan that the | 71446 |
| district is required to submit for approval under that section, | 71447 |
| the approval of an initial plan under section 3734.521 of the | 71448 |
| Revised Code, the approval of an amended plan under section | 71449 |
| 3734.521 or division (D) of section 3734.56 of the Revised Code, | 71450 |
| or the amendment of the district's plan under division (E) of | 71451 |
| section 3734.56 of the Revised Code, the solid waste management | 71452 |
| policy committee of a county or joint district that is operating | 71453 |
| under an initial plan approved under section 3734.55 of the | 71454 |
| Revised Code, or one for which approval of its initial plan is | 71455 |
| pending before the director of environmental protection on | 71456 |
| October 29, 1993, under section 3734.55 of the Revised Code, may | 71457 |
| levy a fee under division (A) of this section by adopting and | 71458 |
| obtaining ratification of a resolution establishing the amount of | 71459 |
| the fee. A policy committee that, after December 1, 1993, | 71460 |
| concurrently proposes to levy a fee under division (A) of this | 71461 |
| section and to amend the fees levied by the district under | 71462 |
| divisions (B)(1) to (3) of section 3734.57 of the Revised Code may | 71463 |
| adopt and obtain ratification of one resolution proposing to do | 71464 |
| both. The requirements and procedures set forth in division (B) of | 71465 |
| section 3734.57 of the Revised Code governing the adoption, | 71466 |
| amendment, and repeal of resolutions levying fees under divisions | 71467 |
| (B)(1) to (3) of that section, the ratification of those | 71468 |
| resolutions, and the notification of owners and operators of solid | 71469 |
| waste facilities required to collect fees levied under those | 71470 |
| divisions govern the adoption of the resolutions authorized to be | 71471 |
| adopted under this division, the ratification thereof, and the | 71472 |
| notification of owners and operators required to collect the fees, | 71473 |
| except as otherwise specifically provided in division (C) of this | 71474 |
| section. | 71475 |
| (C) Any initial or amended plan of a district adopted under | 71476 |
| section 3734.521 or 3734.56 of the Revised Code, or resolution | 71477 |
| adopted under division (B) of this section, that proposes to levy | 71478 |
| a fee under division (A) of this section that exceeds five dollars | 71479 |
| per ton shall be ratified in accordance with the provisions of | 71480 |
| section 3734.55 or division (B) of section 3734.57 of the Revised | 71481 |
| Code, as applicable, except that such an initial or amended plan | 71482 |
| or resolution shall be approved by a combination of municipal | 71483 |
| corporations and townships with a combined population within the | 71484 |
| boundaries of the district comprising at least seventy-five per | 71485 |
| cent, rather than at least sixty per cent, of the total population | 71486 |
| of the district. | 71487 |
| (D) The policy committee of a county or joint district may | 71488 |
| amend the fee levied by the district under division (A) of this | 71489 |
| section by adopting and obtaining ratification of a resolution | 71490 |
| establishing the amount of the amended fee. The policy committee | 71491 |
| may abolish the fee or an amended fee established under this | 71492 |
| division by adopting and obtaining ratification of a resolution | 71493 |
| proposing to repeal it. The requirements and procedures under | 71494 |
| division (B) and, if applicable, division (C) of this section | 71495 |
| govern the adoption and ratification of a resolution authorized to | 71496 |
| be adopted under this division and the notification of owners and | 71497 |
| operators of solid waste facilities required to collect the fees. | 71498 |
| (E) Collection of a fee or amended fee levied under division | 71499 |
| (A) or (D) of this section shall commence or cease in accordance | 71500 |
| with division (B) of section 3734.57 of the Revised Code. If a | 71501 |
| district is levying a fee under section 3734.572 of the Revised | 71502 |
| Code, collection of that fee shall cease on the date on which | 71503 |
| collection of the fee levied under division (A) of this section | 71504 |
| commences in accordance with division (B) of section 3734.57 of | 71505 |
| the Revised Code. | 71506 |
| (F) In the case of solid wastes that are taken to a solid | 71507 |
| waste transfer facility prior to being transported to a solid | 71508 |
| waste disposal facility for disposal, the fee levied under | 71509 |
| division (A) of this section shall be collected by the owner or | 71510 |
| operator of the transfer facility as a trustee for the district. | 71511 |
| In the case of solid wastes that are not taken to a solid waste | 71512 |
| transfer facility prior to being transported to a solid waste | 71513 |
| disposal facility, the fee shall be collected by the owner or | 71514 |
| operator of the solid waste disposal facility where the wastes are | 71515 |
| disposed of. An owner or operator of a solid waste transfer or | 71516 |
| disposal facility who is required to collect the fee shall collect | 71517 |
| and forward the fee to the district in accordance with section | 71518 |
| 3734.57 of the Revised Code and rules adopted under division (H) | 71519 |
| of that section. | 71520 |
| If the owner or operator of a solid waste transfer or | 71521 |
| disposal facility who did not receive notice pursuant to division | 71522 |
| (B) of this section to collect the fee levied by a district under | 71523 |
| division (A) of this section receives solid wastes generated in | 71524 |
| the district, the owner or operator, within thirty days after | 71525 |
| receiving the wastes, shall send written notice of that fact to | 71526 |
| the board of county commissioners or directors of the district. | 71527 |
| Within thirty days after receiving such a notice, the board of | 71528 |
| county commissioners or directors shall send written notice to the | 71529 |
| owner or operator indicating whether the district is levying a fee | 71530 |
| under division (A) of this section and, if so, the amount of the | 71531 |
| fee. | 71532 |
| (G) Moneys received by a district levying a fee under | 71533 |
| division (A) of this section shall be credited to the special fund | 71534 |
| of the district created in division (G) of section 3734.57 of the | 71535 |
| Revised Code and shall be used exclusively for the purposes | 71536 |
| specified in that division. Prior to the approval under division | 71537 |
| (A) of section 3734.56 of the Revised Code of the first amended | 71538 |
| plan that the district is required to submit for approval under | 71539 |
| that section, the approval of an initial plan under section | 71540 |
| 3734.521 of the Revised Code, the approval of an amended plan | 71541 |
| under that section or division (D) of section 3734.56 of the | 71542 |
| Revised Code, or the amendment of the district's plan under | 71543 |
| division (E) of section 3734.56 of the Revised Code, moneys | 71544 |
| credited to the special fund arising from the fee levied pursuant | 71545 |
| to a resolution adopted and ratified under division (B) of this | 71546 |
| section shall be expended for those purposes in the manner | 71547 |
| prescribed by the solid waste management policy committee by | 71548 |
| resolution. | 71549 |
| (H) The fee levied under division (A) of this section does | 71550 |
| not apply to the management of solid wastes that: | 71551 |
| (1) Are disposed of at a facility owned by the generator of | 71552 |
| the wastes when the solid waste facility exclusively disposes of | 71553 |
| solid wastes generated at one or more premises owned by the | 71554 |
| generator regardless of whether the facility is located on a | 71555 |
| premises where the wastes were generated; | 71556 |
| (2) Are disposed of at facilities that exclusively dispose of | 71557 |
| wastes that are generated from the combustion of coal, or from the | 71558 |
| combustion of primarily coal in combination with scrap tires, that | 71559 |
| is not combined in any way with garbage at one or more premises | 71560 |
| owned by the generator. | 71561 |
| (I) When solid wastes that are burned in a disposal facility | 71562 |
| that is an incinerator or energy recovery facility are delivered | 71563 |
| to a solid waste transfer facility prior to being transported to | 71564 |
| the incinerator or energy recovery facility where they are burned, | 71565 |
| the fee levied under division (A) of this section shall be levied | 71566 |
| on the wastes delivered to the transfer facility. | 71567 |
| (J) When solid wastes that are burned in a disposal facility | 71568 |
| that is an incinerator or energy recovery facility are not | 71569 |
| delivered to a solid waste transfer facility prior to being | 71570 |
| transported to the incinerator or energy recovery facility where | 71571 |
| they are burned, the fee levied under division (A) of this section | 71572 |
| shall be levied on the wastes delivered to the incinerator or | 71573 |
| energy recovery facility. | 71574 |
| (K) The fee levied under division (A) of this section does | 71575 |
| not apply to sewage sludge that is generated by a waste water | 71576 |
| treatment facility holding a national pollutant discharge | 71577 |
| elimination system permit and that is disposed of through | 71578 |
| incineration, land application, or composting or at another | 71579 |
| resource recovery or disposal facility that is not a landfill. | 71580 |
| (L) The fee levied under division (A) of this section does | 71581 |
|
not apply to | 71582 |
|
composting
facility for processing | 71583 |
| 71584 | |
| transported off the premises of a composting facility for disposal | 71585 |
| at a landfill, the fee levied under division (A) of this section | 71586 |
| applies and shall be collected by the owner or operator of the | 71587 |
| landfill. | 71588 |
| (M) The fee levied under division (A) of this section does | 71589 |
| not apply to materials separated from a mixed waste stream for | 71590 |
| recycling by the generator or materials removed from the solid | 71591 |
| waste stream as a result of recycling, as "recycling" is defined | 71592 |
| in rules adopted under section 3734.02 of the Revised Code. | 71593 |
| (N) The director of environmental protection may issue an | 71594 |
| order exempting from the fees levied under this section solid | 71595 |
| wastes, including, but not limited to, scrap tires, that are | 71596 |
| generated, transferred, or disposed of as a result of a contract | 71597 |
| providing for the expenditure of public funds entered into by the | 71598 |
| administrator or regional administrator of the United States | 71599 |
| environmental protection agency, the director of environmental | 71600 |
| protection, or the director of administrative services on behalf | 71601 |
| of the director of environmental protection for the purpose of | 71602 |
| remediating conditions at a hazardous waste facility, solid waste | 71603 |
| facility, or other location at which the administrator or regional | 71604 |
| administrator or the director of environmental protection has | 71605 |
| reason to believe that there is a substantial threat to public | 71606 |
| health or safety or the environment or that the conditions are | 71607 |
| causing or contributing to air or water pollution or soil | 71608 |
| contamination. An order issued by the director of environmental | 71609 |
| protection under this division shall include a determination that | 71610 |
| the amount of fees not received by a solid waste management | 71611 |
| district as a result of the order will not adversely impact the | 71612 |
| implementation and financing of the district's approved solid | 71613 |
|
waste | 71614 |
| plan. Such an order is a final action of the director of | 71615 |
| environmental protection. | 71616 |
| Sec. 3734.82. (A) The annual fee for a scrap tire recovery | 71617 |
| facility license issued under section 3734.81 of the Revised Code | 71618 |
| shall be in accordance with the following schedule: | 71619 |
| Daily Design | Annual | 71620 | |||
| Input Capacity | License | 71621 | |||
| (Tons) | Fee | 71622 |
| 1 or less | $ 100 | 71623 | ||||
| 2 to 25 | 500 | 71624 | ||||
| 26 to 50 | 1,000 | 71625 | ||||
| 51 to 100 | 1,500 | 71626 | ||||
| 101 to 200 | 2,500 | 71627 | ||||
| 201 to 500 | 3,500 | 71628 | ||||
| 501 or more | 5,500 | 71629 |
| For the purpose of determining the applicable license fee | 71630 |
| under this division, the daily design input capacity shall be the | 71631 |
| quantity of scrap tires the facility is designed to process daily | 71632 |
| as set forth in the registration certificate or permit for the | 71633 |
| facility, and any modifications to the permit, if applicable, | 71634 |
| issued under section 3734.78 of the Revised Code. | 71635 |
| (B) The annual fee for a scrap tire monocell or monofill | 71636 |
| facility license shall be in accordance with the following | 71637 |
| schedule: | 71638 |
| Authorized Maximum | Annual | 71639 | |||
| Daily Waste Receipt | License | 71640 | |||
| (Tons) | Fee | 71641 | |||
| 100 or less | $ 5,000 | 71642 | |||
| 101 to 200 | 12,500 | 71643 | |||
| 201 to 500 | 30,000 | 71644 | |||
| 501 or more | 60,000 | 71645 |
| For the purpose of determining the applicable license fee | 71646 |
| under this division, the authorized maximum daily waste receipt | 71647 |
| shall be the maximum amount of scrap tires the facility is | 71648 |
| authorized to receive daily that is established in the permit for | 71649 |
| the facility, and any modification to that permit, issued under | 71650 |
| section 3734.77 of the Revised Code. | 71651 |
| (C)(1) Except as otherwise provided in division (C)(2) of | 71652 |
| this section, the annual fee for a scrap tire storage facility | 71653 |
| license shall equal one thousand dollars times the number of acres | 71654 |
| on which scrap tires are to be stored at the facility during the | 71655 |
| license year, as set forth on the application for the annual | 71656 |
| license, except that the total annual license fee for any such | 71657 |
| facility shall not exceed three thousand dollars. | 71658 |
| (2) The annual fee for a scrap tire storage facility license | 71659 |
| for a storage facility that is owned or operated by a motor | 71660 |
| vehicle salvage dealer licensed under Chapter 4738. of the Revised | 71661 |
| Code is one hundred dollars. | 71662 |
| (D)(1) Except as otherwise provided in division (D)(2) of | 71663 |
| this section, the annual fee for a scrap tire collection facility | 71664 |
| license is two hundred dollars. | 71665 |
| (2) The annual fee for a scrap tire collection facility | 71666 |
| license for a collection facility that is owned or operated by a | 71667 |
| motor vehicle salvage dealer licensed under Chapter 4738. of the | 71668 |
| Revised Code is fifty dollars. | 71669 |
| (E) Except as otherwise provided in divisions (C)(2) and | 71670 |
| (D)(2) of this section, the same fees apply to private operators | 71671 |
| and to the state and its political subdivisions and shall be paid | 71672 |
| within thirty days after the issuance of a license. The fees | 71673 |
| include the cost of licensing, all inspections, and other costs | 71674 |
| associated with the administration of the scrap tire provisions of | 71675 |
| this chapter and rules adopted under them. Each license shall | 71676 |
| specify that it is conditioned upon payment of the applicable fee | 71677 |
| to the board of health or the director of environmental | 71678 |
| protection, as appropriate, within thirty days after the issuance | 71679 |
| of the license. | 71680 |
| (F) The board of health shall retain fifteen thousand dollars | 71681 |
| of each license fee collected by the board under division (B) of | 71682 |
| this section, or the entire amount of any such fee that is less | 71683 |
| than fifteen thousand dollars, and the entire amount of each | 71684 |
| license fee collected by the board under divisions (A), (C), and | 71685 |
| (D) of this section. The moneys retained shall be paid into a | 71686 |
| special fund, which is hereby created in each health district, and | 71687 |
| used solely to administer and enforce the scrap tire provisions of | 71688 |
| this chapter and rules adopted under them. The remainder, if any, | 71689 |
| of each license fee collected by the board under division (B) of | 71690 |
| this section shall be transmitted to the director within | 71691 |
| forty-five days after receipt of the fee. | 71692 |
| (G) The director shall transmit the moneys received by the | 71693 |
| director from license fees collected under division (B) of this | 71694 |
| section to the treasurer of state to be credited to the scrap tire | 71695 |
| management fund, which is hereby created in the state treasury. | 71696 |
| The fund shall consist of all federal moneys received by the | 71697 |
| environmental protection agency for the scrap tire management | 71698 |
| program; all grants, gifts, and contributions made to the director | 71699 |
| for that program; and all other moneys that may be provided by law | 71700 |
| for that program. The director shall use moneys in the fund as | 71701 |
| follows: | 71702 |
| (1) Expend | 71703 |
| 71704 | |
| director to implement, administer, and enforce the scrap tire | 71705 |
| provisions of this chapter and rules adopted under them; | 71706 |
| (2) During each fiscal year, request the director of budget | 71707 |
| and management to, and the director of budget and management | 71708 |
| shall, transfer one million dollars to the scrap tire grant fund | 71709 |
|
created
in section
1502.12 of the
Revised Code
for | 71710 |
| 71711 | |
| activities for scrap tires and synthetic rubber from tire | 71712 |
| manufacturing processes and tire recycling processes. In addition, | 71713 |
| during a fiscal year, the director of environmental protection may | 71714 |
| request the director of budget and management to, and the director | 71715 |
| of budget and management shall, transfer up to an additional five | 71716 |
| hundred thousand dollars to the scrap tire grant fund for scrap | 71717 |
| tire amnesty events and scrap tire cleanup events. | 71718 |
| (3) | 71719 |
| 71720 | |
| 71721 | |
| 71722 | |
| 71723 | |
| 71724 | |
| 71725 | |
| 71726 | |
| 71727 | |
| 71728 | |
| 71729 | |
| 71730 | |
| 71731 | |
| 71732 | |
| 71733 | |
| 71734 | |
| 71735 | |
| 71736 | |
| 71737 | |
| 71738 | |
| 71739 | |
| 71740 | |
| 71741 | |
| 71742 | |
| 71743 | |
| 71744 | |
| 71745 | |
| 71746 |
| | 71747 |
| 71748 | |
| 71749 | |
| 71750 | |
| 71751 | |
| 71752 | |
| 71753 | |
| 71754 | |
| 71755 | |
| 71756 |
| | 71757 |
| 71758 | |
| 71759 | |
| 71760 | |
| 71761 | |
| 71762 | |
| 71763 | |
| 71764 | |
| 71765 | |
| 71766 | |
| 71767 | |
| 71768 | |
| 71769 | |
| 71770 | |
| After the expenditures and transfers are made under divisions | 71771 |
| (G)(1) and (2) of this section, expend the balance of the money | 71772 |
| in the scrap tire management fund remaining in each fiscal year | 71773 |
| to conduct removal actions under section 3734.85 of the Revised | 71774 |
| Code and to provide grants to boards of health under section | 71775 |
| 3734.042 of the Revised Code. | 71776 |
| Sec. 3734.901. (A)(1) For the purpose of providing revenue | 71777 |
| to defray the cost of administering and enforcing the scrap tire | 71778 |
| provisions of this chapter, rules adopted under those provisions, | 71779 |
| and terms and conditions of orders, variances, and licenses issued | 71780 |
| under those provisions; to abate accumulations of scrap tires; to | 71781 |
|
make grants | 71782 |
| 71783 | |
| for scrap tires and synthetic rubber from tire manufacturing | 71784 |
| processes and tire recycling processes and to support scrap tire | 71785 |
| amnesty and cleanup events; to make loans to promote the recycling | 71786 |
| or recovery of energy from scrap tires; and to defray the costs of | 71787 |
| administering and enforcing sections 3734.90 to 3734.9014 of the | 71788 |
| Revised Code, a fee of fifty cents per tire is hereby levied on | 71789 |
| the sale of tires. The proceeds of the fee shall be deposited in | 71790 |
| the state treasury to the credit of the scrap tire management fund | 71791 |
| created in section 3734.82 of the Revised Code. The fee is levied | 71792 |
| from the first day of the calendar month that begins next after | 71793 |
| thirty days from October 29, 1993, through June 30, 2011. | 71794 |
| (2) Beginning on September 5, 2001, and ending on June 30, | 71795 |
| 2011, there is hereby levied an additional fee of fifty cents per | 71796 |
| tire on the sale of tires the proceeds of which shall be deposited | 71797 |
| in the state treasury to the credit of the scrap tire management | 71798 |
|
fund | 71799 |
| exclusively for the purposes specified in division (G)(3) of that | 71800 |
| section. | 71801 |
| (B) Only one sale of the same article shall be used in | 71802 |
| computing the amount of the fee due. | 71803 |
| Sec. 3734.9010. Two per cent of all amounts paid to the | 71804 |
| treasurer of state pursuant to sections 3734.90 to 3734.9014 of | 71805 |
| the Revised Code shall be certified directly to the credit of the | 71806 |
| tire fee administrative fund, which is hereby created in the state | 71807 |
| treasury, for appropriation to the department of taxation for use | 71808 |
| in administering those sections. The remainder of the amounts paid | 71809 |
|
to the treasurer of state shall be
deposited | 71810 |
| 71811 | |
|
with section | 71812 |
| Sec. 3737.71. Each insurance company doing business in this | 71813 |
| state shall pay to the state in installments, at the time of | 71814 |
| making the payments required by section 5729.05 of the Revised | 71815 |
| Code, in addition to the taxes required to be paid by it, | 71816 |
| three-fourths of one per cent on the gross premium receipts | 71817 |
| derived from fire insurance and that portion of the premium | 71818 |
| reasonably allocable to insurance against the hazard of fire | 71819 |
| included in other coverages except life and sickness and accident | 71820 |
| insurance, after deducting return premiums paid and considerations | 71821 |
| received for reinsurances as shown by the annual statement of such | 71822 |
| company made pursuant to sections 3929.30, 3931.06, and 5729.02 of | 71823 |
| the Revised Code. The money received shall be paid into the state | 71824 |
| treasury to the credit of the state fire marshal's fund, which is | 71825 |
| hereby created. The fund shall be used for the maintenance and | 71826 |
| administration of the office of the fire marshal and the Ohio fire | 71827 |
| academy established by section 3737.33 of the Revised Code. If the | 71828 |
| director of commerce certifies to the director of budget and | 71829 |
| management that the cash balance in the state fire marshal's fund | 71830 |
| is in excess of the amount needed to pay ongoing operating | 71831 |
| expenses, the director of commerce, with the approval of the | 71832 |
| director of budget and management, may use the excess amount to | 71833 |
| acquire by purchase, lease, or otherwise, real property or | 71834 |
| interests in real property to be used for the benefit of the | 71835 |
| office of the state fire marshal, or to construct, acquire, | 71836 |
| enlarge, equip, furnish, or improve the fire marshal's office | 71837 |
| facilities or the facilities of the Ohio fire academy. The state | 71838 |
| fire marshal's fund shall be assessed a proportionate share of | 71839 |
| the administrative costs of the department of commerce in | 71840 |
| accordance with procedures prescribed by the director of commerce | 71841 |
| and approved by the director of budget and management. Such | 71842 |
| assessment shall be paid from the state fire marshal's fund to | 71843 |
| the division of administration fund. | 71844 |
| Notwithstanding any other provision in this section, if the | 71845 |
| director of budget and management determines at any time that the | 71846 |
| money in the state fire marshal's fund exceeds the amount | 71847 |
| necessary to defray ongoing operating expenses in a fiscal year, | 71848 |
| the director may transfer the excess to the general revenue fund | 71849 |
| . | 71850 |
| Sec. 3743.04. (A) The license of a manufacturer of fireworks | 71851 |
| is effective for one year beginning on the first day of December. | 71852 |
| The state fire marshal shall issue or renew a license only on that | 71853 |
| date and at no other time. If a manufacturer of fireworks wishes | 71854 |
| to continue manufacturing fireworks at the designated fireworks | 71855 |
| plant after its then effective license expires, it shall apply no | 71856 |
| later than the first day of October for a new license pursuant to | 71857 |
| section 3743.02 of the Revised Code. The state fire marshal shall | 71858 |
| send a written notice of the expiration of its license to a | 71859 |
| licensed manufacturer at least three months before the expiration | 71860 |
| date. | 71861 |
| (B) If, during the effective period of its licensure, a | 71862 |
| licensed manufacturer of fireworks wishes to construct, locate, or | 71863 |
| relocate any buildings or other structures on the premises of its | 71864 |
| fireworks plant, to make any structural change or renovation in | 71865 |
| any building or other structure on the premises of its fireworks | 71866 |
| plant, or to change the nature of its manufacturing of fireworks | 71867 |
| so as to include the processing of fireworks, the manufacturer | 71868 |
| shall notify the state fire marshal in writing. The state fire | 71869 |
| marshal may require a licensed manufacturer also to submit | 71870 |
| documentation, including, but not limited to, plans covering the | 71871 |
| proposed construction, location, relocation, structural change or | 71872 |
| renovation, or change in manufacturing of fireworks, if the state | 71873 |
| fire marshal determines the documentation is necessary for | 71874 |
| evaluation purposes in light of the proposed construction, | 71875 |
| location, relocation, structural change or renovation, or change | 71876 |
| in manufacturing of fireworks. | 71877 |
| Upon receipt of the notification and additional documentation | 71878 |
| required by the state fire marshal, the state fire marshal shall | 71879 |
| inspect the premises of the fireworks plant to determine if the | 71880 |
| proposed construction, location, relocation, structural change or | 71881 |
| renovation, or change in manufacturing of fireworks conforms to | 71882 |
| sections 3743.02 to 3743.08 of the Revised Code and the rules | 71883 |
| adopted by the state fire marshal pursuant to section 3743.05 of | 71884 |
| the Revised Code. The state fire marshal shall issue a written | 71885 |
| authorization to the manufacturer for the construction, location, | 71886 |
| relocation, structural change or renovation, or change in | 71887 |
| manufacturing of fireworks if the state fire marshal determines, | 71888 |
| upon the inspection and a review of submitted documentation, that | 71889 |
| the construction, location, relocation, structural change or | 71890 |
| renovation, or change in manufacturing of fireworks conforms to | 71891 |
| those sections and rules. Upon authorizing a change in | 71892 |
| manufacturing of fireworks to include the processing of | 71893 |
| fireworks, the state fire marshal shall make notations on the | 71894 |
| manufacturer's license and in the list of licensed manufacturers | 71895 |
| in accordance with section 3743.03 of the Revised Code. | 71896 |
| On or before June 1, 1998, a licensed manufacturer shall | 71897 |
| install, in every licensed building in which fireworks are | 71898 |
| manufactured, stored, or displayed and to which the public has | 71899 |
| access, interlinked fire detection, smoke exhaust, and smoke | 71900 |
|
evacuation systems that are approved by the superintendent of | 71901 |
| 71902 | |
| floor plans showing occupancy load limits and internal circulation | 71903 |
| and egress patterns that are approved by the state fire marshal | 71904 |
| and superintendent, and that are submitted under seal as required | 71905 |
| by section 3791.04 of the Revised Code. Notwithstanding section | 71906 |
| 3743.59 of the Revised Code, the construction and safety | 71907 |
| requirements established in this division are not subject to any | 71908 |
| variance, waiver, or exclusion. | 71909 |
| (C) The license of a manufacturer of fireworks authorizes the | 71910 |
| manufacturer to engage only in the following activities: | 71911 |
| (1) The manufacturing of fireworks on the premises of the | 71912 |
| fireworks plant as described in the application for licensure or | 71913 |
| in the notification submitted under division (B) of this section, | 71914 |
| except that a licensed manufacturer shall not engage in the | 71915 |
| processing of fireworks unless authorized to do so by its license. | 71916 |
| (2) To possess for sale at wholesale and sell at wholesale | 71917 |
| the fireworks manufactured by the manufacturer, to persons who are | 71918 |
| licensed wholesalers of fireworks, to out-of-state residents in | 71919 |
| accordance with section 3743.44 of the Revised Code, to residents | 71920 |
| of this state in accordance with section 3743.45 of the Revised | 71921 |
| Code, or to persons located in another state provided the | 71922 |
| fireworks are shipped directly out of this state to them by the | 71923 |
| manufacturer. A person who is licensed as a manufacturer of | 71924 |
| fireworks on June 14, 1988, also may possess for sale and sell | 71925 |
| pursuant to division (C)(2) of this section fireworks other than | 71926 |
| those the person manufactures. The possession for sale shall be on | 71927 |
| the premises of the fireworks plant described in the application | 71928 |
| for licensure or in the notification submitted under division (B) | 71929 |
| of this section, and the sale shall be from the inside of a | 71930 |
| licensed building and from no other structure or device outside a | 71931 |
| licensed building. At no time shall a licensed manufacturer sell | 71932 |
| any class of fireworks outside a licensed building. | 71933 |
| (3) Possess for sale at retail and sell at retail the | 71934 |
| fireworks manufactured by the manufacturer, other than 1.4G | 71935 |
| fireworks as designated by the state fire marshal in rules adopted | 71936 |
| pursuant to division (A) of section 3743.05 of the Revised Code, | 71937 |
| to licensed exhibitors in accordance with sections 3743.50 to | 71938 |
| 3743.55 of the Revised Code, and possess for sale at retail and | 71939 |
| sell at retail the fireworks manufactured by the manufacturer, | 71940 |
| including 1.4G fireworks, to out-of-state residents in accordance | 71941 |
| with section 3743.44 of the Revised Code, to residents of this | 71942 |
| state in accordance with section 3743.45 of the Revised Code, or | 71943 |
| to persons located in another state provided the fireworks are | 71944 |
| shipped directly out of this state to them by the manufacturer. A | 71945 |
| person who is licensed as a manufacturer of fireworks on June 14, | 71946 |
| 1988, may also possess for sale and sell pursuant to division | 71947 |
| (C)(3) of this section fireworks other than those the person | 71948 |
| manufactures. The possession for sale shall be on the premises of | 71949 |
| the fireworks plant described in the application for licensure or | 71950 |
| in the notification submitted under division (B) of this section, | 71951 |
| and the sale shall be from the inside of a licensed building and | 71952 |
| from no other structure or device outside a licensed building. At | 71953 |
| no time shall a licensed manufacturer sell any class of fireworks | 71954 |
| outside a licensed building. | 71955 |
| A licensed manufacturer of fireworks shall sell under | 71956 |
| division (C) of this section only fireworks that meet the | 71957 |
| standards set by the consumer product safety commission or by the | 71958 |
| American fireworks standard laboratories or that have received an | 71959 |
| EX number from the United States department of transportation. | 71960 |
| (D) The license of a manufacturer of fireworks shall be | 71961 |
| protected under glass and posted in a conspicuous place on the | 71962 |
| premises of the fireworks plant. Except as otherwise provided in | 71963 |
| this division, the license is not transferable or assignable. A | 71964 |
| license may be transferred to another person for the same | 71965 |
| fireworks plant for which the license was issued if the assets of | 71966 |
| the plant are transferred to that person by inheritance or by a | 71967 |
| sale approved by the state fire marshal. The license is subject to | 71968 |
| revocation in accordance with section 3743.08 of the Revised Code. | 71969 |
| (E) The state fire marshal shall not place the license of a | 71970 |
| manufacturer of fireworks in a temporarily inactive status while | 71971 |
| the holder of the license is attempting to qualify to retain the | 71972 |
| license. | 71973 |
| (F) Each licensed manufacturer of fireworks that possesses | 71974 |
| fireworks for sale and sells fireworks under division (C) of | 71975 |
| section 3743.04 of the Revised Code, or a designee of the | 71976 |
| manufacturer, whose identity is provided to the state fire marshal | 71977 |
| by the manufacturer, annually shall attend a continuing education | 71978 |
| program. The state fire marshal shall develop the program and the | 71979 |
| state fire marshal or a person or public agency approved by the | 71980 |
| state fire marshal shall conduct it. A licensed manufacturer or | 71981 |
| the manufacturer's designee who attends a program as required | 71982 |
| under this division, within one year after attending the program, | 71983 |
| shall conduct in-service training as approved by the state fire | 71984 |
| marshal for other employees of the licensed manufacturer | 71985 |
| regarding the information obtained in the program. A licensed | 71986 |
| manufacturer shall provide the state fire marshal with notice of | 71987 |
| the date, time, and place of all in-service training. For any | 71988 |
| program conducted under this division, the state fire marshal | 71989 |
| shall, in accordance with rules adopted by the state fire | 71990 |
| marshal under Chapter 119. of the Revised Code, establish the | 71991 |
| subjects to be taught, the length of classes, the standards for | 71992 |
| approval, and time periods for notification by the licensee to | 71993 |
| the state fire marshal of any in-service training. | 71994 |
| (G) A licensed manufacturer shall maintain comprehensive | 71995 |
| general liability insurance coverage in the amount and type | 71996 |
| specified under division (B)(2) of section 3743.02 of the Revised | 71997 |
| Code at all times. Each policy of insurance required under this | 71998 |
| division shall contain a provision requiring the insurer to give | 71999 |
| not less than fifteen days' prior written notice to the state fire | 72000 |
| marshal before termination, lapse, or cancellation of the policy, | 72001 |
| or any change in the policy that reduces the coverage below the | 72002 |
| minimum required under this division. Prior to canceling or | 72003 |
| reducing the amount of coverage of any comprehensive general | 72004 |
| liability insurance coverage required under this division, a | 72005 |
| licensed manufacturer shall secure supplemental insurance in an | 72006 |
| amount and type that satisfies the requirements of this division | 72007 |
| so that no lapse in coverage occurs at any time. A licensed | 72008 |
| manufacturer who secures supplemental insurance shall file | 72009 |
| evidence of the supplemental insurance with the state fire marshal | 72010 |
| prior to canceling or reducing the amount of coverage of any | 72011 |
| comprehensive general liability insurance coverage required under | 72012 |
| this division. | 72013 |
| (H) The state fire marshal shall adopt rules for the | 72014 |
| expansion or contraction of a licensed premises and for approval | 72015 |
| of such expansions or contractions. The boundaries of a licensed | 72016 |
| premises, including any geographic expansion or contraction of | 72017 |
| those boundaries, shall be approved by the state fire marshal in | 72018 |
| accordance with rules the state fire marshal adopts. If the | 72019 |
| licensed premises consists of more than one parcel of real | 72020 |
| estate, those parcels shall be contiguous unless an exception is | 72021 |
| allowed pursuant to division (I) of this section. | 72022 |
| (I)(1) A licensed manufacturer may expand its licensed | 72023 |
| premises within this state to include not more than two storage | 72024 |
| locations that are located upon one or more real estate parcels | 72025 |
| that are noncontiguous to the licensed premises as that licensed | 72026 |
| premises exists on the date a licensee submits an application as | 72027 |
| described below, if all of the following apply: | 72028 |
| (a) The licensee submits an application to the state fire | 72029 |
| marshal and an application fee of one hundred dollars per storage | 72030 |
| location for which the licensee is requesting approval. | 72031 |
| (b) The identity of the holder of the license remains the | 72032 |
| same at the storage location. | 72033 |
| (c) The storage location has received a valid certificate of | 72034 |
| zoning compliance as applicable and a valid certificate of | 72035 |
| occupancy for each building or structure at the storage location | 72036 |
| issued by the authority having jurisdiction to issue the | 72037 |
| certificate for the storage location, and those certificates | 72038 |
| permit the distribution and storage of fireworks regulated under | 72039 |
| this chapter at the storage location and in the buildings or | 72040 |
| structures. The storage location shall be in compliance with all | 72041 |
| other applicable federal, state, and local laws and regulations. | 72042 |
| (d) Every building or structure located upon the storage | 72043 |
| location is separated from occupied residential and nonresidential | 72044 |
| buildings or structures, railroads, highways, or any other | 72045 |
| buildings or structures on the licensed premises in accordance | 72046 |
| with the distances specified in the rules adopted by the state | 72047 |
| fire marshal pursuant to section 3743.05 of the Revised Code. | 72048 |
| (e) Neither the licensee nor any person holding, owning, or | 72049 |
| controlling a five per cent or greater beneficial or equity | 72050 |
| interest in the licensee has been convicted of or pleaded guilty | 72051 |
| to a felony under the laws of this state, any other state, or the | 72052 |
| United States, after September 29, 2005. | 72053 |
| (f) The state fire marshal approves the application for | 72054 |
| expansion. | 72055 |
| (2) The state fire marshal shall approve an application for | 72056 |
| expansion requested under division (I)(1) of this section if the | 72057 |
| state fire marshal receives the application fee and proof that | 72058 |
| the requirements of divisions (I)(1)(b) to (e) of this section | 72059 |
| are satisfied. The storage location shall be considered part of | 72060 |
| the original licensed premises and shall use the same distinct | 72061 |
| number assigned to the original licensed premises with any | 72062 |
| additional designations as the state fire marshal deems necessary | 72063 |
| in accordance with section 3743.03 of the Revised Code. | 72064 |
| (J)(1) A licensee who obtains approval for the use of a | 72065 |
| storage location in accordance with division (I) of this section | 72066 |
| shall use the storage location exclusively for the following | 72067 |
| activities, in accordance with division (C) of this section: | 72068 |
| (a) The packaging, assembling, or storing of fireworks, which | 72069 |
| shall only occur in buildings or structures approved for such | 72070 |
| hazardous uses by the building code official having jurisdiction | 72071 |
| for the storage location or, for 1.4G fireworks, in containers or | 72072 |
| trailers approved for such hazardous uses by the state fire | 72073 |
| marshal if such containers or trailers are not subject to | 72074 |
| regulation by the building code adopted in accordance with | 72075 |
| Chapter 3781. of the Revised Code. All such storage shall be in | 72076 |
| accordance with the rules adopted by the state fire marshal | 72077 |
| under division (G) of section 3743.05 of the Revised Code for | 72078 |
| the packaging, assembling, and storage of fireworks. | 72079 |
| (b) Distributing fireworks to other parcels of real estate | 72080 |
| located on the manufacturer's licensed premises, to licensed | 72081 |
| wholesalers or other licensed manufacturers in this state or to | 72082 |
| similarly licensed persons located in another state or country; | 72083 |
| (c) Distributing fireworks to a licensed exhibitor of | 72084 |
| fireworks pursuant to a properly issued permit in accordance with | 72085 |
| section 3743.54 of the Revised Code. | 72086 |
| (2) A licensed manufacturer shall not engage in any sales | 72087 |
| activity, including the retail sale of fireworks otherwise | 72088 |
| permitted under division (C)(2) or (C)(3) of this section, or | 72089 |
| pursuant to section 3743.44 or 3743.45 of the Revised Code, at the | 72090 |
| storage location approved under this section. | 72091 |
| (3) A storage location may not be relocated for a minimum | 72092 |
| period of five years after the storage location is approved by the | 72093 |
| state fire marshal in accordance with division (I) of this | 72094 |
| section. | 72095 |
| (K) The licensee shall prohibit public access to the storage | 72096 |
| location. The state fire marshal shall adopt rules to describe the | 72097 |
| acceptable measures a manufacturer shall use to prohibit access to | 72098 |
| the storage site. | 72099 |
| Sec. 3743.25. (A)(1) Except as described in division (A)(2) | 72100 |
| of this section, all retail sales of 1.4G fireworks by a licensed | 72101 |
| manufacturer or wholesaler shall only occur from an approved | 72102 |
| retail sales showroom on a licensed premises or from a | 72103 |
| representative sample showroom as described in this section on a | 72104 |
| licensed premises. For the purposes of this section, a retail sale | 72105 |
| includes the transfer of the possession of the 1.4G fireworks from | 72106 |
| the licensed manufacturer or wholesaler to the purchaser of the | 72107 |
| fireworks. | 72108 |
| (2) Sales of 1.4G fireworks to a licensed exhibitor for a | 72109 |
| properly permitted exhibition shall occur in accordance with the | 72110 |
| provisions of the Revised Code and rules adopted by the state fire | 72111 |
| marshal under Chapter 119. of the Revised Code. Such rules shall | 72112 |
| specify, at a minimum, that the licensed exhibitor holds a license | 72113 |
| under section 3743.51 of the Revised Code, that the exhibitor | 72114 |
| possesses a valid exhibition permit issued in accordance with | 72115 |
| section 3743.54 of the Revised Code, and that the fireworks | 72116 |
| shipped are to be used at the specifically permitted exhibition. | 72117 |
| (B) All wholesale sales of fireworks by a licensed | 72118 |
| manufacturer or wholesaler shall only occur from a licensed | 72119 |
| premises to persons who intend to resell the fireworks purchased | 72120 |
| at wholesale. A wholesale sale by a licensed manufacturer or | 72121 |
| wholesaler may occur as follows: | 72122 |
| (1) The direct sale and shipment of fireworks to a person | 72123 |
| outside of this state; | 72124 |
| (2) From an approved retail sales showroom as described in | 72125 |
| this section; | 72126 |
| (3) From a representative sample showroom as described in | 72127 |
| this section; | 72128 |
| (4) By delivery of wholesale fireworks to a purchaser at a | 72129 |
| licensed premises outside of a structure or building on that | 72130 |
| premises. All other portions of the wholesale sales transaction | 72131 |
| may occur at any location on a licensed premises. | 72132 |
| (5) Any other method as described in rules adopted by the | 72133 |
| state fire marshal under Chapter 119. of the Revised Code. | 72134 |
| (C) A licensed manufacturer or wholesaler shall only sell | 72135 |
| 1.4G fireworks from a representative sample showroom or a retail | 72136 |
| sales showroom. Each licensed premises shall only contain one | 72137 |
| sales structure. | 72138 |
| A representative sample showroom shall consist of a structure | 72139 |
| constructed and maintained in accordance with the nonresidential | 72140 |
| building code adopted under Chapter 3781. of the Revised Code and | 72141 |
| the fire code adopted under section 3737.82 of the Revised Code | 72142 |
| for a use and occupancy group that permits mercantile sales. A | 72143 |
| representative sample showroom shall not contain any pyrotechnics, | 72144 |
| pyrotechnic materials, fireworks, explosives, explosive materials, | 72145 |
| or any similar hazardous materials or substances. A representative | 72146 |
| sample showroom shall be used only for the public viewing of | 72147 |
| fireworks product representations, including paper materials, | 72148 |
| packaging materials, catalogs, photographs, or other similar | 72149 |
| product depictions. The delivery of product to a purchaser of | 72150 |
| fireworks at a licensed premises that has a representative sample | 72151 |
| structure shall not occur inside any structure on a licensed | 72152 |
| premises. Such product delivery shall occur on the licensed | 72153 |
| premises in a manner prescribed by rules adopted by the state fire | 72154 |
| marshal pursuant to Chapter 119. of the Revised Code. | 72155 |
| If a manufacturer or wholesaler elects to conduct sales from | 72156 |
| a retail sales showroom, the showroom structures, to which the | 72157 |
| public may have any access and in which employees are required to | 72158 |
| work, on all licensed premises, shall comply with the following | 72159 |
| safety requirements: | 72160 |
| (1) A fireworks showroom that is constructed or upon which | 72161 |
| expansion is undertaken on and after June 30, 1997, shall be | 72162 |
| equipped with interlinked fire detection, fire suppression, smoke | 72163 |
| exhaust, and smoke evacuation systems that are approved by the | 72164 |
|
superintendent of | 72165 |
| the department of commerce. | 72166 |
| (2) A fireworks showroom that first begins to operate on or | 72167 |
| after June 30, 1997, and to which the public has access for | 72168 |
| retail purposes shall not exceed five thousand square feet in | 72169 |
| floor area. | 72170 |
| (3) A newly constructed or an existing fireworks showroom | 72171 |
|
structure that
exists on | 72172 |
| September 23, 2008,
but that, on or
after
| 72173 |
| 72174 | |
| manner requiring the submission of plans, drawings, | 72175 |
| specifications, or data pursuant to section 3791.04 of the | 72176 |
| Revised Code, shall comply with a graphic floor plan layout | 72177 |
|
that
is approved by the state fire
marshal
and
superintendent | 72178 |
| 72179 | |
| parallel arrangement of aisles to exits, number of exits per | 72180 |
| wall, maximum occupancy load, evacuation plan for occupants, | 72181 |
| height of storage or display of merchandise, and other | 72182 |
| information as may be required by the state fire marshal and | 72183 |
| superintendent. | 72184 |
| (4) A fireworks showroom structure that exists on June 30, | 72185 |
| 1997, shall be in compliance on or after June 30, 1997, with | 72186 |
| floor plans showing occupancy load limits and internal | 72187 |
| circulation and egress patterns that are approved by the state | 72188 |
|
fire
marshal and
superintendent | 72189 |
| that are submitted under seal as required by section 3791.04 of | 72190 |
| the Revised Code. | 72191 |
| (D) The safety requirements established in division (C) of | 72192 |
| this section are not subject to any variance, waiver, or | 72193 |
| exclusion pursuant to this chapter or any applicable building | 72194 |
| code. | 72195 |
| Sec. 3745.015. There is hereby created in the state treasury | 72196 |
| the environmental protection fund consisting of money credited to | 72197 |
| the fund under division (A)(3) of section 3714.073 and division | 72198 |
| (A)(3) of section 3734.57 of the Revised Code. The environmental | 72199 |
| protection agency shall use money in the fund to pay the agency's | 72200 |
| costs associated with administering and enforcing, or otherwise | 72201 |
| conducting activities under, this chapter and Chapters 3704., | 72202 |
| 3734., 3746., 3747., 3748., 3750., 3751., 3752., 3753., 5709., | 72203 |
| 6101., 6103., 6105., 6109., 6111., 6112., 6113., 6115., 6117., and | 72204 |
| 6119. and sections 122.65 and 1521.19 of the Revised Code. | 72205 |
| Sec. 3745.11. (A) Applicants for and holders of permits, | 72206 |
| licenses, variances, plan approvals, and certifications issued by | 72207 |
| the director of environmental protection pursuant to Chapters | 72208 |
| 3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 72209 |
| to the environmental protection agency for each such issuance and | 72210 |
| each application for an issuance as provided by this section. No | 72211 |
| fee shall be charged for any issuance for which no application has | 72212 |
| been submitted to the director. | 72213 |
| (B) Each person who is issued a permit to install prior to | 72214 |
| July 1, 2003, pursuant to rules adopted under division (F) of | 72215 |
| section 3704.03 of the Revised Code shall pay the fees specified | 72216 |
| in the following schedules: | 72217 |
| (1) Fuel-burning equipment (boilers) | 72218 |
| Input capacity (maximum) | 72219 | ||||
| (million British thermal units per hour) | Permit to install | 72220 | |||
| Greater than 0, but less than 10 | $ 200 | 72221 | |||
| 10 or more, but less than 100 | 400 | 72222 | |||
| 100 or more, but less than 300 | 800 | 72223 | |||
| 300 or more, but less than 500 | 1500 | 72224 | |||
| 500 or more, but less than 1000 | 2500 | 72225 | |||
| 1000 or more, but less than 5000 | 4000 | 72226 | |||
| 5000 or more | 6000 | 72227 | |||
| Units burning exclusively natural gas, number two fuel oil, | 72228 |
| or both shall be assessed a fee that is one-half of the applicable | 72229 |
| amount established in division (F)(1) of this section. | 72230 |
| (2) Incinerators | 72231 |
| Input capacity (pounds per hour) | Permit to install | 72232 |
| 0 to 100 | $ 100 | 72233 | |||
| 101 to 500 | 400 | 72234 | |||
| 501 to 2000 | 750 | 72235 | |||
| 2001 to 20,000 | 1000 | 72236 | |||
| more than 20,000 | 2500 | 72237 | |||
| (3)(a) Process | 72238 |
| Process weight rate (pounds per hour) | Permit to install | 72239 |
| 0 to 1000 | $ 200 | 72240 | |||
| 1001 to 5000 | 400 | 72241 | |||
| 5001 to 10,000 | 600 | 72242 | |||
| 10,001 to 50,000 | 800 | 72243 | |||
| more than 50,000 | 1000 | 72244 | |||
| In any process where process weight rate cannot be | 72245 |
| ascertained, the minimum fee shall be assessed. | 72246 |
| (b) Notwithstanding division (B)(3)(a) of this section, any | 72247 |
| person issued a permit to install pursuant to rules adopted under | 72248 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 72249 |
| fees established in division (B)(3)(c) of this section for a | 72250 |
| process used in any of the following industries, as identified by | 72251 |
| the applicable four-digit standard industrial classification code | 72252 |
| according to the Standard Industrial Classification Manual | 72253 |
| published by the United States office of management and budget in | 72254 |
| the executive office of the president, 1972, as revised: | 72255 |
| 1211 Bituminous coal and lignite mining; | 72256 |
| 1213 Bituminous coal and lignite mining services; | 72257 |
| 1411 Dimension stone; | 72258 |
| 1422 Crushed and broken limestone; | 72259 |
| 1427 Crushed and broken stone, not elsewhere classified; | 72260 |
| 1442 Construction sand and gravel; | 72261 |
| 1446 Industrial sand; | 72262 |
| 3281 Cut stone and stone products; | 72263 |
| 3295 Minerals and earth, ground or otherwise treated. | 72264 |
| (c) The fees established in the following schedule apply to | 72265 |
| the issuance of a permit to install pursuant to rules adopted | 72266 |
| under division (F) of section 3704.03 of the Revised Code for a | 72267 |
| process listed in division (B)(3)(b) of this section: | 72268 |
| Process weight rate (pounds per hour) | Permit to install | 72269 |
| 0 to 1000 | $ 200 | 72270 | |
| 10,001 to 50,000 | 300 | 72271 | |
| 50,001 to 100,000 | 400 | 72272 | |
| 100,001 to 200,000 | 500 | 72273 | |
| 200,001 to 400,000 | 600 | 72274 | |
| 400,001 or more | 700 | 72275 |
| (4) Storage tanks | 72276 |
| Gallons (maximum useful capacity) | Permit to install | 72277 |
| 0 to 20,000 | $ 100 | 72278 | |||
| 20,001 to 40,000 | 150 | 72279 | |||
| 40,001 to 100,000 | 200 | 72280 | |||
| 100,001 to 250,000 | 250 | 72281 | |||
| 250,001 to 500,000 | 350 | 72282 | |||
| 500,001 to 1,000,000 | 500 | 72283 | |||
| 1,000,001 or greater | 750 | 72284 | |||
| (5) Gasoline/fuel dispensing facilities | 72285 |
| For each gasoline/fuel dispensing | Permit to install | 72286 | |||
| facility | $ 100 | 72287 | |||
| (6) Dry cleaning facilities | 72288 |
| For each dry cleaning facility | Permit to install | 72289 | |||
| (includes all units at the facility) | $ 100 | 72290 | |||
| (7) Registration status | 72291 |
| For each source covered | Permit to install | 72292 | |||
| by registration status | $ 75 | 72293 | |||
| (C)(1) Except as otherwise provided in division (C)(2) of | 72294 |
| this section, beginning July 1, 1994, each person who owns or | 72295 |
| operates an air contaminant source and who is required to apply | 72296 |
| for and obtain a Title V permit under section 3704.036 of the | 72297 |
| Revised Code shall pay the fees set forth in division (C)(1) of | 72298 |
| this section. For the purposes of that division, total emissions | 72299 |
| of air contaminants may be calculated using engineering | 72300 |
| calculations, emissions factors, material balance calculations, or | 72301 |
| performance testing procedures, as authorized by the director. | 72302 |
| The following fees shall be assessed on the total actual | 72303 |
| emissions from a source in tons per year of the regulated | 72304 |
| pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 72305 |
| organic compounds, and lead: | 72306 |
| (a) Fifteen dollars per ton on the total actual emissions of | 72307 |
| each such regulated pollutant during the period July through | 72308 |
| December 1993, to be collected no sooner than July 1, 1994; | 72309 |
| (b) Twenty dollars per ton on the total actual emissions of | 72310 |
| each such regulated pollutant during calendar year 1994, to be | 72311 |
| collected no sooner than April 15, 1995; | 72312 |
| (c) Twenty-five dollars per ton on the total actual emissions | 72313 |
| of each such regulated pollutant in calendar year 1995, and each | 72314 |
| subsequent calendar year, to be collected no sooner than the | 72315 |
| fifteenth day of April of the year next succeeding the calendar | 72316 |
| year in which the emissions occurred. | 72317 |
| The fees levied under division (C)(1) of this section do not | 72318 |
| apply to that portion of the emissions of a regulated pollutant at | 72319 |
| a facility that exceed four thousand tons during a calendar year. | 72320 |
| (2) The fees assessed under division (C)(1) of this section | 72321 |
| are for the purpose of providing funding for the Title V permit | 72322 |
| program. | 72323 |
| (3) The fees assessed under division (C)(1) of this section | 72324 |
| do not apply to emissions from any electric generating unit | 72325 |
| designated as a Phase I unit under Title IV of the federal Clean | 72326 |
| Air Act prior to calendar year 2000. Those fees shall be assessed | 72327 |
| on the emissions from such a generating unit commencing in | 72328 |
| calendar year 2001 based upon the total actual emissions from the | 72329 |
| generating unit during calendar year 2000 and shall continue to be | 72330 |
| assessed each subsequent calendar year based on the total actual | 72331 |
| emissions from the generating unit during the preceding calendar | 72332 |
| year. | 72333 |
| (4) The director shall issue invoices to owners or operators | 72334 |
| of air contaminant sources who are required to pay a fee assessed | 72335 |
| under division (C) or (D) of this section. Any such invoice shall | 72336 |
| be issued no sooner than the applicable date when the fee first | 72337 |
| may be collected in a year under the applicable division, shall | 72338 |
| identify the nature and amount of the fee assessed, and shall | 72339 |
| indicate that the fee is required to be paid within thirty days | 72340 |
| after the issuance of the invoice. | 72341 |
| (D)(1) Except as provided in division (D)(3) of this section, | 72342 |
| from January 1, 1994, through December 31, 2003, each person who | 72343 |
| owns or operates an air contaminant source; who is required to | 72344 |
| apply for a permit to operate pursuant to rules adopted under | 72345 |
| division (G), or a variance pursuant to division (H), of section | 72346 |
| 3704.03 of the Revised Code; and who is not required to apply for | 72347 |
| and obtain a Title V permit under section 3704.036 of the Revised | 72348 |
| Code shall pay a single fee based upon the sum of the actual | 72349 |
| annual emissions from the facility of the regulated pollutants | 72350 |
| particulate matter, sulfur dioxide, nitrogen oxides, organic | 72351 |
| compounds, and lead in accordance with the following schedule: | 72352 |
| Total tons per year | 72353 | |||||
| of regulated pollutants | Annual fee | 72354 | ||||
| emitted | per facility | 72355 | ||||
| More than 0, but less than 50 | $ 75 | 72356 | ||||
| 50 or more, but less than 100 | 300 | 72357 | ||||
| 100 or more | 700 | 72358 |
| (2) Except as provided in division (D)(3) of this section, | 72359 |
| beginning January 1, 2004, each person who owns or operates an air | 72360 |
| contaminant source; who is required to apply for a permit to | 72361 |
| operate pursuant to rules adopted under division (G), or a | 72362 |
| variance pursuant to division (H), of section 3704.03 of the | 72363 |
| Revised Code; and who is not required to apply for and obtain a | 72364 |
| Title V permit under section 3704.03 of the Revised Code shall pay | 72365 |
| a single fee based upon the sum of the actual annual emissions | 72366 |
| from the facility of the regulated pollutants particulate matter, | 72367 |
| sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 72368 |
| accordance with the following schedule: | 72369 |
| Total tons per year | 72370 | |||||
| of regulated pollutants | Annual fee | 72371 | ||||
| emitted | per facility | 72372 | ||||
| More than 0, but less than 10 | $ 100 | 72373 | ||||
| 10 or more, but less than 50 | 200 | 72374 | ||||
| 50 or more, but less than 100 | 300 | 72375 | ||||
| 100 or more | 700 | 72376 |
| (3)(a) As used in division (D) of this section, "synthetic | 72377 |
| minor facility" means a facility for which one or more permits to | 72378 |
| install or permits to operate have been issued for the air | 72379 |
| contaminant sources at the facility that include terms and | 72380 |
| conditions that lower the facility's potential to emit air | 72381 |
| contaminants below the major source thresholds established in | 72382 |
| rules adopted under section 3704.036 of the Revised Code. | 72383 |
| (b) Beginning January 1, 2000, through June 30,
| 72384 |
| each person who owns or operates a synthetic minor facility shall | 72385 |
| pay an annual fee based on the sum of the actual annual emissions | 72386 |
| from the facility of particulate matter, sulfur dioxide, nitrogen | 72387 |
| dioxide, organic compounds, and lead in accordance with the | 72388 |
| following schedule: | 72389 |
| Combined total tons | 72390 | ||||
| per year of all regulated | Annual fee | 72391 | |||
| pollutants emitted | per facility | 72392 |
| Less than 10 | $ 170 | 72393 | |||
| 10 or more, but less than 20 | 340 | 72394 | |||
| 20 or more, but less than 30 | 670 | 72395 | |||
| 30 or more, but less than 40 | 1,010 | 72396 | |||
| 40 or more, but less than 50 | 1,340 | 72397 | |||
| 50 or more, but less than 60 | 1,680 | 72398 | |||
| 60 or more, but less than 70 | 2,010 | 72399 | |||
| 70 or more, but less than 80 | 2,350 | 72400 | |||
| 80 or more, but less than 90 | 2,680 | 72401 | |||
| 90 or more, but less than 100 | 3,020 | 72402 | |||
| 100 or more | 3,350 | 72403 |
| (4) The fees assessed under division (D)(1) of this section | 72404 |
| shall be collected annually no sooner than the fifteenth day of | 72405 |
| April, commencing in 1995. The fees assessed under division | 72406 |
| (D)(2) of this section shall be collected annually no sooner than | 72407 |
| the fifteenth day of April, commencing in 2005. The fees assessed | 72408 |
| under division (D)(3) of this section shall be collected no sooner | 72409 |
| than the fifteenth day of April, commencing in 2000. The fees | 72410 |
| assessed under division (D) of this section in a calendar year | 72411 |
| shall be based upon the sum of the actual emissions of those | 72412 |
| regulated pollutants during the preceding calendar year. For the | 72413 |
| purpose of division (D) of this section, emissions of air | 72414 |
| contaminants may be calculated using engineering calculations, | 72415 |
| emission factors, material balance calculations, or performance | 72416 |
| testing procedures, as authorized by the director. The director, | 72417 |
| by rule, may require persons who are required to pay the fees | 72418 |
| assessed under division (D) of this section to pay those fees | 72419 |
| biennially rather than annually. | 72420 |
| (E)(1) Consistent with the need to cover the reasonable costs | 72421 |
| of the Title V permit program, the director annually shall | 72422 |
| increase the fees prescribed in division (C)(1) of this section by | 72423 |
| the percentage, if any, by which the consumer price index for the | 72424 |
| most recent calendar year ending before the beginning of a year | 72425 |
| exceeds the consumer price index for calendar year 1989. Upon | 72426 |
| calculating an increase in fees authorized by division (E)(1) of | 72427 |
| this section, the director shall compile revised fee schedules for | 72428 |
| the purposes of division (C)(1) of this section and shall make the | 72429 |
| revised schedules available to persons required to pay the fees | 72430 |
| assessed under that division and to the public. | 72431 |
| (2) For the purposes of division (E)(1) of this section: | 72432 |
| (a) The consumer price index for any year is the average of | 72433 |
| the consumer price index for all urban consumers published by the | 72434 |
| United States department of labor as of the close of the | 72435 |
| twelve-month period ending on the thirty-first day of August of | 72436 |
| that year. | 72437 |
| (b) If the 1989 consumer price index is revised, the director | 72438 |
| shall use the revision of the consumer price index that is most | 72439 |
| consistent with that for calendar year 1989. | 72440 |
| (F) Each person who is issued a permit to install pursuant to | 72441 |
| rules adopted under division (F) of section 3704.03 of the Revised | 72442 |
| Code on or after July 1, 2003, shall pay the fees specified in the | 72443 |
| following schedules: | 72444 |
| (1) Fuel-burning equipment (boilers, furnaces, or process | 72445 |
| heaters used in the process of burning fuel for the primary | 72446 |
| purpose of producing heat or power by indirect heat transfer) | 72447 |
| Input capacity (maximum) | 72448 | ||
| (million British thermal units per hour) | Permit to install | 72449 | |
| Greater than 0, but less than 10 | $ 200 | 72450 | |
| 10 or more, but less than 100 | 400 | 72451 | |
| 100 or more, but less than 300 | 1000 | 72452 | |
| 300 or more, but less than 500 | 2250 | 72453 | |
| 500 or more, but less than 1000 | 3750 | 72454 | |
| 1000 or more, but less than 5000 | 6000 | 72455 | |
| 5000 or more | 9000 | 72456 |
| Units burning exclusively natural gas, number two fuel oil, | 72457 |
| or both shall be assessed a fee that is one-half the applicable | 72458 |
| amount shown in division (F)(1) of this section. | 72459 |
| (2) Combustion turbines and stationary internal combustion | 72460 |
| engines designed to generate electricity | 72461 |
| Generating capacity (mega watts) | Permit to install | 72462 | |
| 0 or more, but less than 10 | $ 25 | 72463 | |
| 10 or more, but less than 25 | 150 | 72464 | |
| 25 or more, but less than 50 | 300 | 72465 | |
| 50 or more, but less than 100 | 500 | 72466 | |
| 100 or more, but less than 250 | 1000 | 72467 | |
| 250 or more | 2000 | 72468 |
| (3) Incinerators | 72469 |
| Input capacity (pounds per hour) | Permit to install | 72470 | |
| 0 to 100 | $ 100 | 72471 | |
| 101 to 500 | 500 | 72472 | |
| 501 to 2000 | 1000 | 72473 | |
| 2001 to 20,000 | 1500 | 72474 | |
| more than 20,000 | 3750 | 72475 |
| (4)(a) Process | 72476 |
| Process weight rate (pounds per hour) | Permit to install | 72477 | |
| 0 to 1000 | $ 200 | 72478 | |
| 1001 to 5000 | 500 | 72479 | |
| 5001 to 10,000 | 750 | 72480 | |
| 10,001 to 50,000 | 1000 | 72481 | |
| more than 50,000 | 1250 | 72482 |
| In any process where process weight rate cannot be | 72483 |
| ascertained, the minimum fee shall be assessed. A boiler, furnace, | 72484 |
| combustion turbine, stationary internal combustion engine, or | 72485 |
| process heater designed to provide direct heat or power to a | 72486 |
| process not designed to generate electricity shall be assessed a | 72487 |
| fee established in division (F)(4)(a) of this section. A | 72488 |
| combustion turbine or stationary internal combustion engine | 72489 |
| designed to generate electricity shall be assessed a fee | 72490 |
| established in division (F)(2) of this section. | 72491 |
| (b) Notwithstanding division (F)(4)(a) of this section, any | 72492 |
| person issued a permit to install pursuant to rules adopted under | 72493 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 72494 |
| fees set forth in division (F)(4)(c) of this section for a process | 72495 |
| used in any of the following industries, as identified by the | 72496 |
| applicable two-digit, three-digit, or four-digit standard | 72497 |
| industrial classification code according to the Standard | 72498 |
| Industrial Classification Manual published by the United States | 72499 |
| office of management and budget in the executive office of the | 72500 |
| president, 1987, as revised: | 72501 |
| Major group 10, metal mining; | 72502 |
| Major group 12, coal mining; | 72503 |
| Major group 14, mining and quarrying of nonmetallic minerals; | 72504 |
| Industry group 204, grain mill products; | 72505 |
| 2873 Nitrogen fertilizers; | 72506 |
| 2874 Phosphatic fertilizers; | 72507 |
| 3281 Cut stone and stone products; | 72508 |
| 3295 Minerals and earth, ground or otherwise treated; | 72509 |
| 4221 Grain elevators (storage only); | 72510 |
| 5159 Farm related raw materials; | 72511 |
| 5261 Retail nurseries and lawn and garden supply stores. | 72512 |
| (c) The fees set forth in the following schedule apply to the | 72513 |
| issuance of a permit to install pursuant to rules adopted under | 72514 |
| division (F) of section 3704.03 of the Revised Code for a process | 72515 |
| identified in division (F)(4)(b) of this section: | 72516 |
| Process weight rate (pounds per hour) | Permit to install | 72517 | ||||
| 0 to 10,000 | $ 200 | 72518 | ||||
| 10,001 to 50,000 | 400 | 72519 | ||||
| 50,001 to 100,000 | 500 | 72520 | ||||
| 100,001 to 200,000 | 600 | 72521 | ||||
| 200,001 to 400,000 | 750 | 72522 | ||||
| 400,001 or more | 900 | 72523 |
| (5) Storage tanks | 72524 |
| Gallons (maximum useful capacity) | Permit to install | 72525 | ||||
| 0 to 20,000 | $ 100 | 72526 | ||||
| 20,001 to 40,000 | 150 | 72527 | ||||
| 40,001 to 100,000 | 250 | 72528 | ||||
| 100,001 to 500,000 | 400 | 72529 | ||||
| 500,001 or greater | 750 | 72530 |
| (6) Gasoline/fuel dispensing facilities | 72531 |
| For each gasoline/fuel | 72532 | |||||
| dispensing facility (includes all | Permit to install | 72533 | ||||
| units at the facility) | $ 100 | 72534 | ||||
| (7) Dry cleaning facilities | 72535 |
| For each dry cleaning | 72536 | |||||
| facility (includes all units | Permit to install | 72537 | ||||
| at the facility) | $ 100 | 72538 | ||||
| (8) Registration status | 72539 |
| For each source covered | Permit to install | 72540 | ||||
| by registration status | $ 75 | 72541 | ||||
| (G) An owner or operator who is responsible for an asbestos | 72542 |
| demolition or renovation project pursuant to rules adopted under | 72543 |
| section 3704.03 of the Revised Code shall pay the fees set forth | 72544 |
| in the following schedule: | 72545 |
| Action | Fee | 72546 | ||||
| Each notification | $75 | 72547 | ||||
| Asbestos removal | $3/unit | 72548 | ||||
| Asbestos cleanup | $4/cubic yard | 72549 |
| For purposes of this division, "unit" means any combination of | 72550 |
| linear feet or square feet equal to fifty. | 72551 |
| (H) A person who is issued an extension of time for a permit | 72552 |
| to install an air contaminant source pursuant to rules adopted | 72553 |
| under division (F) of section 3704.03 of the Revised Code shall | 72554 |
| pay a fee equal to one-half the fee originally assessed for the | 72555 |
| permit to install under this section, except that the fee for such | 72556 |
| an extension shall not exceed two hundred dollars. | 72557 |
| (I) A person who is issued a modification to a permit to | 72558 |
| install an air contaminant source pursuant to rules adopted under | 72559 |
| section 3704.03 of the Revised Code shall pay a fee equal to | 72560 |
| one-half of the fee that would be assessed under this section to | 72561 |
| obtain a permit to install the source. The fee assessed by this | 72562 |
| division only applies to modifications that are initiated by the | 72563 |
| owner or operator of the source and shall not exceed two thousand | 72564 |
| dollars. | 72565 |
| (J) Notwithstanding division (B) or (F) of this section, a | 72566 |
| person who applies for or obtains a permit to install pursuant to | 72567 |
| rules adopted under division (F) of section 3704.03 of the Revised | 72568 |
| Code after the date actual construction of the source began shall | 72569 |
| pay a fee for the permit to install that is equal to twice the fee | 72570 |
| that otherwise would be assessed under the applicable division | 72571 |
| unless the applicant received authorization to begin construction | 72572 |
| under division (W) of section 3704.03 of the Revised Code. This | 72573 |
| division only applies to sources for which actual construction of | 72574 |
| the source begins on or after July 1, 1993. The imposition or | 72575 |
| payment of the fee established in this division does not preclude | 72576 |
| the director from taking any administrative or judicial | 72577 |
| enforcement action under this chapter, Chapter 3704., 3714., | 72578 |
| 3734., or 6111. of the Revised Code, or a rule adopted under any | 72579 |
| of them, in connection with a violation of rules adopted under | 72580 |
| division (F) of section 3704.03 of the Revised Code. | 72581 |
| As used in this division, "actual construction of the source" | 72582 |
| means the initiation of physical on-site construction activities | 72583 |
| in connection with improvements to the source that are permanent | 72584 |
| in nature, including, without limitation, the installation of | 72585 |
| building supports and foundations and the laying of underground | 72586 |
| pipework. | 72587 |
| (K) Fifty cents per ton of each fee assessed under division | 72588 |
| (C) of this section on actual emissions from a source and received | 72589 |
| by the environmental protection agency pursuant to that division | 72590 |
| shall be deposited into the state treasury to the credit of the | 72591 |
| small business assistance fund created in section 3706.19 of the | 72592 |
| Revised Code. The remainder of the moneys received by the division | 72593 |
| pursuant to that division and moneys received by the agency | 72594 |
| pursuant to divisions (D), (F), (G), (H), (I), and (J) of this | 72595 |
| section shall be deposited in the state treasury to the credit of | 72596 |
| the clean air fund created in section 3704.035 of the Revised | 72597 |
| Code. | 72598 |
| (L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 72599 |
| or (c) of this section, a person issued a water discharge permit | 72600 |
| or renewal of a water discharge permit pursuant to Chapter 6111. | 72601 |
| of the Revised Code shall pay a fee based on each point source to | 72602 |
| which the issuance is applicable in accordance with the following | 72603 |
| schedule: | 72604 |
| Design flow discharge (gallons per day) | Fee | 72605 | ||||
| 0 to 1000 | $ 0 | 72606 | ||||
| 1,001 to 5000 | 100 | 72607 | ||||
| 5,001 to 50,000 | 200 | 72608 | ||||
| 50,001 to 100,000 | 300 | 72609 | ||||
| 100,001 to 300,000 | 525 | 72610 | ||||
| over 300,000 | 750 | 72611 |
| (b) Notwithstanding the fee schedule specified in division | 72612 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 72613 |
| that is applicable to coal mining operations regulated under | 72614 |
| Chapter 1513. of the Revised Code shall be two hundred fifty | 72615 |
| dollars per mine. | 72616 |
| (c) Notwithstanding the fee schedule specified in division | 72617 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 72618 |
| for a public discharger identified by I in the third character of | 72619 |
| the permittee's NPDES permit number shall not exceed seven hundred | 72620 |
| fifty dollars. | 72621 |
| (2) A person applying for a plan approval for a wastewater | 72622 |
| treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 72623 |
| of the Revised Code shall pay a fee of one hundred dollars plus | 72624 |
| sixty-five one-hundredths of one per cent of the estimated project | 72625 |
|
cost through June 30,
| 72626 |
| two-tenths of one per cent of the estimated project cost on and | 72627 |
|
after July 1,
| 72628 |
|
exceed
fifteen thousand dollars through June 30,
| 72629 |
|
five
thousand
dollars on and after July 1,
| 72630 |
| shall be paid at the time the application is submitted. | 72631 |
| (3) A person issued a modification of a water discharge | 72632 |
| permit shall pay a fee equal to one-half the fee that otherwise | 72633 |
| would be charged for a water discharge permit, except that the fee | 72634 |
| for the modification shall not exceed four hundred dollars. | 72635 |
| (4) A person who has entered into an agreement with the | 72636 |
| director under section 6111.14 of the Revised Code shall pay an | 72637 |
| administrative service fee for each plan submitted under that | 72638 |
| section for approval that shall not exceed the minimum amount | 72639 |
| necessary to pay administrative costs directly attributable to | 72640 |
| processing plan approvals. The director annually shall calculate | 72641 |
| the fee and shall notify all persons who have entered into | 72642 |
| agreements under that section, or who have applied for agreements, | 72643 |
| of the amount of the fee. | 72644 |
| (5)(a)(i) Not later than January 30,
| 72645 |
|
30,
| 72646 |
| pursuant to Chapter 6111. of the Revised Code with an average | 72647 |
| daily discharge flow of five thousand gallons or more shall pay a | 72648 |
| nonrefundable annual discharge fee. Any person who fails to pay | 72649 |
| the fee at that time shall pay an additional amount that equals | 72650 |
| ten per cent of the required annual discharge fee. | 72651 |
| (ii) The billing year for the annual discharge fee | 72652 |
| established in division (L)(5)(a)(i) of this section shall consist | 72653 |
| of a twelve-month period beginning on the first day of January of | 72654 |
| the year preceding the date when the annual discharge fee is due. | 72655 |
| In the case of an existing source that permanently ceases to | 72656 |
| discharge during a billing year, the director shall reduce the | 72657 |
| annual discharge fee, including the surcharge applicable to | 72658 |
| certain industrial facilities pursuant to division (L)(5)(c) of | 72659 |
| this section, by one-twelfth for each full month during the | 72660 |
| billing year that the source was not discharging, but only if the | 72661 |
| person holding the NPDES discharge permit for the source notifies | 72662 |
| the director in writing, not later than the first day of October | 72663 |
| of the billing year, of the circumstances causing the cessation of | 72664 |
| discharge. | 72665 |
| (iii) The annual discharge fee established in division | 72666 |
| (L)(5)(a)(i) of this section, except for the surcharge applicable | 72667 |
| to certain industrial facilities pursuant to division (L)(5)(c) of | 72668 |
| this section, shall be based upon the average daily discharge flow | 72669 |
| in gallons per day calculated using first day of May through | 72670 |
| thirty-first day of October flow data for the period two years | 72671 |
| prior to the date on which the fee is due. In the case of NPDES | 72672 |
| discharge permits for new sources, the fee shall be calculated | 72673 |
| using the average daily design flow of the facility until actual | 72674 |
| average daily discharge flow values are available for the time | 72675 |
| period specified in division (L)(5)(a)(iii) of this section. The | 72676 |
| annual discharge fee may be prorated for a new source as described | 72677 |
| in division (L)(5)(a)(ii) of this section. | 72678 |
| (b) An NPDES permit holder that is a public discharger shall | 72679 |
| pay the fee specified in the following schedule: | 72680 |
| Average daily | Fee due by | 72681 | ||||
| discharge flow | January 30, | 72682 | ||||
| |
72683 | |||||
| January 30, |
72684 |
| 5,000 to 49,999 | $ 200 | 72685 | ||||
| 50,000 to 100,000 | 500 | 72686 | ||||
| 100,001 to 250,000 | 1,050 | 72687 | ||||
| 250,001 to 1,000,000 | 2,600 | 72688 | ||||
| 1,000,001 to 5,000,000 | 5,200 | 72689 | ||||
| 5,000,001 to 10,000,000 | 10,350 | 72690 | ||||
| 10,000,001 to 20,000,000 | 15,550 | 72691 | ||||
| 20,000,001 to 50,000,000 | 25,900 | 72692 | ||||
| 50,000,001 to 100,000,000 | 41,400 | 72693 | ||||
| 100,000,001 or more | 62,100 | 72694 |
| Public dischargers owning or operating two or more publicly | 72695 |
| owned treatment works serving the same political subdivision, as | 72696 |
| "treatment works" is defined in section 6111.01 of the Revised | 72697 |
| Code, and that serve exclusively political subdivisions having a | 72698 |
| population of fewer than one hundred thousand shall pay an annual | 72699 |
| discharge fee under division (L)(5)(b) of this section that is | 72700 |
| based on the combined average daily discharge flow of the | 72701 |
| treatment works. | 72702 |
| (c) An NPDES permit holder that is an industrial discharger, | 72703 |
| other than a coal mining operator identified by P in the third | 72704 |
| character of the permittee's NPDES permit number, shall pay the | 72705 |
| fee specified in the following schedule: | 72706 |
| Average daily | Fee due by | 72707 | ||||
| discharge flow | January 30, | 72708 | ||||
| |
72709 | |||||
| January 30, |
72710 |
| 5,000 to 49,999 | $ 250 | 72711 | ||||
| 50,000 to 250,000 | 1,200 | 72712 | ||||
| 250,001 to 1,000,000 | 2,950 | 72713 | ||||
| 1,000,001 to 5,000,000 | 5,850 | 72714 | ||||
| 5,000,001 to 10,000,000 | 8,800 | 72715 | ||||
| 10,000,001 to 20,000,000 | 11,700 | 72716 | ||||
| 20,000,001 to 100,000,000 | 14,050 | 72717 | ||||
| 100,000,001 to 250,000,000 | 16,400 | 72718 | ||||
| 250,000,001 or more | 18,700 | 72719 |
| In addition to the fee specified in the above schedule, an | 72720 |
| NPDES permit holder that is an industrial discharger classified as | 72721 |
| a major discharger during all or part of the annual discharge fee | 72722 |
| billing year specified in division (L)(5)(a)(ii) of this section | 72723 |
| shall pay a nonrefundable annual surcharge of seven thousand five | 72724 |
|
hundred
dollars not later than
January 30,
| 72725 |
|
later
than
January 30, | 72726 |
| surcharge at that time shall pay an additional amount that equals | 72727 |
| ten per cent of the amount of the surcharge. | 72728 |
| (d) Notwithstanding divisions (L)(5)(b) and (c) of this | 72729 |
| section, a public discharger identified by I in the third | 72730 |
| character of the permittee's NPDES permit number and an industrial | 72731 |
| discharger identified by I, J, L, V, W, X, Y, or Z in the third | 72732 |
| character of the permittee's NPDES permit number shall pay a | 72733 |
| nonrefundable annual discharge fee of one hundred eighty dollars | 72734 |
|
not later than
January 30,
| 72735 |
|
30,
| 72736 |
| shall pay an additional amount that equals ten per cent of the | 72737 |
| required fee. | 72738 |
| (6) Each person obtaining a national pollutant discharge | 72739 |
| elimination system general or individual permit for municipal | 72740 |
| storm water discharge shall pay a nonrefundable storm water | 72741 |
| discharge fee of one hundred dollars per square mile of area | 72742 |
| permitted. The fee shall not exceed ten thousand dollars and shall | 72743 |
| be payable on or before January 30, 2004, and the thirtieth day of | 72744 |
| January of each year thereafter. Any person who fails to pay the | 72745 |
| fee on the date specified in division (L)(6) of this section shall | 72746 |
| pay an additional amount per year equal to ten per cent of the | 72747 |
| annual fee that is unpaid. | 72748 |
| (7) The director shall transmit all moneys collected under | 72749 |
| division (L) of this section to the treasurer of state for deposit | 72750 |
| into the state treasury to the credit of the surface water | 72751 |
| protection fund created in section 6111.038 of the Revised Code. | 72752 |
| (8) As used in division (L) of this section: | 72753 |
| (a) "NPDES" means the federally approved national pollutant | 72754 |
| discharge elimination system program for issuing, modifying, | 72755 |
| revoking, reissuing, terminating, monitoring, and enforcing | 72756 |
| permits and imposing and enforcing pretreatment requirements under | 72757 |
| Chapter 6111. of the Revised Code and rules adopted under it. | 72758 |
| (b) "Public discharger" means any holder of an NPDES permit | 72759 |
| identified by P in the second character of the NPDES permit number | 72760 |
| assigned by the director. | 72761 |
| (c) "Industrial discharger" means any holder of an NPDES | 72762 |
| permit identified by I in the second character of the NPDES permit | 72763 |
| number assigned by the director. | 72764 |
| (d) "Major discharger" means any holder of an NPDES permit | 72765 |
| classified as major by the regional administrator of the United | 72766 |
| States environmental protection agency in conjunction with the | 72767 |
| director. | 72768 |
| (M) Through June 30,
| 72769 |
| license or license renewal to operate a public water system under | 72770 |
| section 6109.21 of the Revised Code shall pay the appropriate fee | 72771 |
| established under this division at the time of application to the | 72772 |
| director. Any person who fails to pay the fee at that time shall | 72773 |
| pay an additional amount that equals ten per cent of the required | 72774 |
| fee. The director shall transmit all moneys collected under this | 72775 |
| division to the treasurer of state for deposit into the drinking | 72776 |
| water protection fund created in section 6109.30 of the Revised | 72777 |
| Code. | 72778 |
| Except as provided in division (M)(4) of this section, fees | 72779 |
| required under this division shall be calculated and paid in | 72780 |
| accordance with the following schedule: | 72781 |
| (1) For the initial license required under division (A)(1) of | 72782 |
| section 6109.21 of the Revised Code for any public water system | 72783 |
| that is a community water system as defined in section 6109.01 of | 72784 |
| the Revised Code, and for each license renewal required for such a | 72785 |
|
system prior to January 31,
| 72786 |
| Number of service connections | Fee amount | 72787 | |||
| Not more than 49 | $ 112 | 72788 | |||
| 50 to 99 | 176 | 72789 |
| Number of service connections | Average cost per connection | 72790 | ||||
| 100 to 2,499 | $ 1.92 | 72791 | ||||
| 2,500 to 4,999 | 1.48 | 72792 | ||||
| 5,000 to 7,499 | 1.42 | 72793 | ||||
| 7,500 to 9,999 | 1.34 | 72794 | ||||
| 10,000 to 14,999 | 1.16 | 72795 | ||||
| 15,000 to 24,999 | 1.10 | 72796 | ||||
| 25,000 to 49,999 | 1.04 | 72797 | ||||
| 50,000 to 99,999 | .92 | 72798 | ||||
| 100,000 to 149,999 | .86 | 72799 | ||||
| 150,000 to 199,999 | .80 | 72800 | ||||
| 200,000 or more | .76 | 72801 |
| A public water system may determine how it will pay the total | 72802 |
| amount of the fee calculated under division (M)(1) of this | 72803 |
| section, including the assessment of additional user fees that may | 72804 |
| be assessed on a volumetric basis. | 72805 |
| As used in division (M)(1) of this section, "service | 72806 |
| connection" means the number of active or inactive pipes, | 72807 |
| goosenecks, pigtails, and any other fittings connecting a water | 72808 |
| main to any building outlet. | 72809 |
| (2) For the initial license required under division (A)(2) of | 72810 |
| section 6109.21 of the Revised Code for any public water system | 72811 |
| that is not a community water system and serves a nontransient | 72812 |
| population, and for each license renewal required for such a | 72813 |
|
system prior to January 31,
| 72814 |
| Population served | Fee amount | 72815 | ||||
| Fewer than 150 | $ 112 | 72816 | ||||
| 150 to 299 | 176 | 72817 | ||||
| 300 to 749 | 384 | 72818 | ||||
| 750 to 1,499 | 628 | 72819 | ||||
| 1,500 to 2,999 | 1,268 | 72820 | ||||
| 3,000 to 7,499 | 2,816 | 72821 | ||||
| 7,500 to 14,999 | 5,510 | 72822 | ||||
| 15,000 to 22,499 | 9,048 | 72823 | ||||
| 22,500 to 29,999 | 12,430 | 72824 | ||||
| 30,000 or more | 16,820 | 72825 |
| As used in division (M)(2) of this section, "population | 72826 |
| served" means the total number of individuals receiving water from | 72827 |
| the water supply during a twenty-four-hour period for at least | 72828 |
| sixty days during any calendar year. In the absence of a specific | 72829 |
| population count, that number shall be calculated at the rate of | 72830 |
| three individuals per service connection. | 72831 |
| (3) For the initial license required under division (A)(3) of | 72832 |
| section 6109.21 of the Revised Code for any public water system | 72833 |
| that is not a community water system and serves a transient | 72834 |
| population, and for each license renewal required for such a | 72835 |
|
system prior to January 31,
| 72836 |
| Number of wells supplying system | Fee amount | 72837 | ||||
| 1 | $112 | 72838 | ||||
| 2 | 112 | 72839 | ||||
| 3 | 176 | 72840 | ||||
| 4 | 278 | 72841 | ||||
| 5 | 568 | 72842 | ||||
| System designated as using a | 72843 | |||||
| surface water source | 792 | 72844 |
| As used in division (M)(3) of this section, "number of wells | 72845 |
| supplying system" means those wells that are physically connected | 72846 |
| to the plumbing system serving the public water system. | 72847 |
| (4) A public water system designated as using a surface water | 72848 |
| source shall pay a fee of seven hundred ninety-two dollars or the | 72849 |
| amount calculated under division (M)(1) or (2) of this section, | 72850 |
| whichever is greater. | 72851 |
| (N)(1) A person applying for a plan approval for a public | 72852 |
| water supply system under section 6109.07 of the Revised Code | 72853 |
| shall pay a fee of one hundred fifty dollars plus thirty-five | 72854 |
| hundredths of one per cent of the estimated project cost, except | 72855 |
| that the total fee shall not exceed twenty thousand dollars | 72856 |
|
through June 30,
| 72857 |
|
after
July 1,
| 72858 |
| application is submitted. | 72859 |
| (2) A person who has entered into an agreement with the | 72860 |
| director under division (A)(2) of section 6109.07 of the Revised | 72861 |
| Code shall pay an administrative service fee for each plan | 72862 |
| submitted under that section for approval that shall not exceed | 72863 |
| the minimum amount necessary to pay administrative costs directly | 72864 |
| attributable to processing plan approvals. The director annually | 72865 |
| shall calculate the fee and shall notify all persons that have | 72866 |
| entered into agreements under that division, or who have applied | 72867 |
| for agreements, of the amount of the fee. | 72868 |
| (3) Through June 30,
| 72869 |
| survey basis, shall be charged any person for services rendered by | 72870 |
| the state in the evaluation of laboratories and laboratory | 72871 |
| personnel for compliance with accepted analytical techniques and | 72872 |
| procedures established pursuant to Chapter 6109. of the Revised | 72873 |
| Code for determining the qualitative characteristics of water: | 72874 |
| microbiological | 72875 | ||||||
| MMO-MUG | $2,000 | 72876 | |||||
| MF | 2,100 | 72877 | |||||
| MMO-MUG and MF | 2,550 | 72878 | |||||
| organic chemical | 5,400 | 72879 | |||||
| trace metals | 5,400 | 72880 | |||||
| standard chemistry | 2,800 | 72881 | |||||
| limited chemistry | 1,550 | 72882 | |||||
| On and after July 1,
| 72883 |
| survey basis, shall be charged any such person: | 72884 |
| microbiological | $ 1,650 | 72885 | ||||
| organic chemicals | 3,500 | 72886 | ||||
| trace metals | 3,500 | 72887 | ||||
| standard chemistry | 1,800 | 72888 | ||||
| limited chemistry | 1,000 | 72889 |
| The fee for those services shall be paid at the time the request | 72890 |
|
for the survey is made. Through June 30,
| 72891 |
| laboratory shall not be assessed a fee under this division more | 72892 |
| than once in any three-year period unless the person requests the | 72893 |
| addition of analytical methods or analysts, in which case the | 72894 |
| person shall pay eighteen hundred dollars for each additional | 72895 |
| survey requested. | 72896 |
| As used in division (N)(3) of this section: | 72897 |
| (a) "MF" means microfiltration. | 72898 |
| (b) "MMO" means minimal medium ONPG. | 72899 |
| (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide. | 72900 |
| (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside. | 72901 |
| The director shall transmit all moneys collected under this | 72902 |
| division to the treasurer of state for deposit into the drinking | 72903 |
| water protection fund created in section 6109.30 of the Revised | 72904 |
| Code. | 72905 |
| (O) Any person applying to the director for examination for | 72906 |
| certification as an operator of a water supply system or | 72907 |
| wastewater system under Chapter 6109. or 6111. of the Revised | 72908 |
| Code, at the time the application is submitted, shall pay an | 72909 |
|
application fee of forty-five dollars through November 30,
| 72910 |
| 2012,
and twenty-five dollars on and after December 1, | 72911 |
| Upon approval from the director that the applicant is eligible to | 72912 |
| take the examination therefor, the applicant shall pay a fee in | 72913 |
|
accordance with the following schedule through November 30,
| 72914 |
| 2012: | 72915 |
| Class A operator | $35 | 72916 | ||||
| Class I operator | 60 | 72917 | ||||
| Class II operator | 75 | 72918 | ||||
| Class III operator | 85 | 72919 | ||||
| Class IV operator | 100 | 72920 |
| On and after December 1,
| 72921 |
| fee in accordance with the following schedule: | 72922 |
| Class A operator | $25 | 72923 | ||||
| Class I operator | $45 | 72924 | ||||
| Class II operator | 55 | 72925 | ||||
| Class III operator | 65 | 72926 | ||||
| Class IV operator | 75 | 72927 |
| A person shall pay a biennial certification renewal fee for | 72928 |
| each applicable class of certification in accordance with the | 72929 |
| following schedule: | 72930 |
| Class A operator | $25 | 72931 | ||||
| Class I operator | 35 | 72932 | ||||
| Class II operator | 45 | 72933 | ||||
| Class III operator | 55 | 72934 | ||||
| Class IV operator | 65 | 72935 |
| If a certification renewal fee is received by the director | 72936 |
| more than thirty days, but not more than one year after the | 72937 |
| expiration date of the certification, the person shall pay a | 72938 |
| certification renewal fee in accordance with the following | 72939 |
| schedule: | 72940 |
| Class A operator | $45 | 72941 | ||||
| Class I operator | 55 | 72942 | ||||
| Class II operator | 65 | 72943 | ||||
| Class III operator | 75 | 72944 | ||||
| Class IV operator | 85 | 72945 |
| A person who requests a replacement certificate shall pay a | 72946 |
| fee of twenty-five dollars at the time the request is made. | 72947 |
| The director shall transmit all moneys collected under this | 72948 |
| division to the treasurer of state for deposit into the drinking | 72949 |
| water protection fund created in section 6109.30 of the Revised | 72950 |
| Code. | 72951 |
| (P) Any person submitting an application for an industrial | 72952 |
| water pollution control certificate under section 6111.31 of the | 72953 |
| Revised Code, as that section existed before its repeal by H.B. 95 | 72954 |
| of the 125th general assembly, shall pay a nonrefundable fee of | 72955 |
| five hundred dollars at the time the application is submitted. The | 72956 |
| director shall transmit all moneys collected under this division | 72957 |
| to the treasurer of state for deposit into the surface water | 72958 |
| protection fund created in section 6111.038 of the Revised Code. A | 72959 |
| person paying a certificate fee under this division shall not pay | 72960 |
| an application fee under division (S)(1) of this section. On and | 72961 |
| after June 26, 2003, persons shall file such applications and pay | 72962 |
| the fee as required under sections 5709.20 to 5709.27 of the | 72963 |
| Revised Code, and proceeds from the fee shall be credited as | 72964 |
| provided in section 5709.212 of the Revised Code. | 72965 |
| (Q) Except as otherwise provided in division (R) of this | 72966 |
| section, a person issued a permit by the director for a new solid | 72967 |
| waste disposal facility other than an incineration or composting | 72968 |
| facility, a new infectious waste treatment facility other than an | 72969 |
| incineration facility, or a modification of such an existing | 72970 |
| facility that includes an increase in the total disposal or | 72971 |
| treatment capacity of the facility pursuant to Chapter 3734. of | 72972 |
| the Revised Code shall pay a fee of ten dollars per thousand cubic | 72973 |
| yards of disposal or treatment capacity, or one thousand dollars, | 72974 |
| whichever is greater, except that the total fee for any such | 72975 |
| permit shall not exceed eighty thousand dollars. A person issued a | 72976 |
| modification of a permit for a solid waste disposal facility or an | 72977 |
| infectious waste treatment facility that does not involve an | 72978 |
| increase in the total disposal or treatment capacity of the | 72979 |
| facility shall pay a fee of one thousand dollars. A person issued | 72980 |
| a permit to install a new, or modify an existing, solid waste | 72981 |
| transfer facility under that chapter shall pay a fee of two | 72982 |
| thousand five hundred dollars. A person issued a permit to install | 72983 |
| a new or to modify an existing solid waste incineration or | 72984 |
| composting facility, or an existing infectious waste treatment | 72985 |
| facility using incineration as its principal method of treatment, | 72986 |
| under that chapter shall pay a fee of one thousand dollars. The | 72987 |
| increases in the permit fees under this division resulting from | 72988 |
| the amendments made by Amended Substitute House Bill 592 of the | 72989 |
| 117th general assembly do not apply to any person who submitted an | 72990 |
| application for a permit to install a new, or modify an existing, | 72991 |
| solid waste disposal facility under that chapter prior to | 72992 |
| September 1, 1987; any such person shall pay the permit fee | 72993 |
| established in this division as it existed prior to June 24, 1988. | 72994 |
| In addition to the applicable permit fee under this division, a | 72995 |
| person issued a permit to install or modify a solid waste facility | 72996 |
| or an infectious waste treatment facility under that chapter who | 72997 |
| fails to pay the permit fee to the director in compliance with | 72998 |
| division (V) of this section shall pay an additional ten per cent | 72999 |
| of the amount of the fee for each week that the permit fee is | 73000 |
| late. | 73001 |
| Permit and late payment fees paid to the director under this | 73002 |
| division shall be credited to the general revenue fund. | 73003 |
| (R)(1) A person issued a registration certificate for a scrap | 73004 |
| tire collection facility under section 3734.75 of the Revised Code | 73005 |
| shall pay a fee of two hundred dollars, except that if the | 73006 |
| facility is owned or operated by a motor vehicle salvage dealer | 73007 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 73008 |
| pay a fee of twenty-five dollars. | 73009 |
| (2) A person issued a registration certificate for a new | 73010 |
| scrap tire storage facility under section 3734.76 of the Revised | 73011 |
| Code shall pay a fee of three hundred dollars, except that if the | 73012 |
| facility is owned or operated by a motor vehicle salvage dealer | 73013 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 73014 |
| pay a fee of twenty-five dollars. | 73015 |
| (3) A person issued a permit for a scrap tire storage | 73016 |
| facility under section 3734.76 of the Revised Code shall pay a fee | 73017 |
| of one thousand dollars, except that if the facility is owned or | 73018 |
| operated by a motor vehicle salvage dealer licensed under Chapter | 73019 |
| 4738. of the Revised Code, the person shall pay a fee of fifty | 73020 |
| dollars. | 73021 |
| (4) A person issued a permit for a scrap tire monocell or | 73022 |
| monofill facility under section 3734.77 of the Revised Code shall | 73023 |
| pay a fee of ten dollars per thousand cubic yards of disposal | 73024 |
| capacity or one thousand dollars, whichever is greater, except | 73025 |
| that the total fee for any such permit shall not exceed eighty | 73026 |
| thousand dollars. | 73027 |
| (5) A person issued a registration certificate for a scrap | 73028 |
| tire recovery facility under section 3734.78 of the Revised Code | 73029 |
| shall pay a fee of one hundred dollars. | 73030 |
| (6) A person issued a permit for a scrap tire recovery | 73031 |
| facility under section 3734.78 of the Revised Code shall pay a fee | 73032 |
| of one thousand dollars. | 73033 |
| (7) In addition to the applicable registration certificate or | 73034 |
| permit fee under divisions (R)(1) to (6) of this section, a person | 73035 |
| issued a registration certificate or permit for any such scrap | 73036 |
| tire facility who fails to pay the registration certificate or | 73037 |
| permit fee to the director in compliance with division (V) of this | 73038 |
| section shall pay an additional ten per cent of the amount of the | 73039 |
| fee for each week that the fee is late. | 73040 |
| (8) The registration certificate, permit, and late payment | 73041 |
| fees paid to the director under divisions (R)(1) to (7) of this | 73042 |
| section shall be credited to the scrap tire management fund | 73043 |
| created in section 3734.82 of the Revised Code. | 73044 |
| (S)(1) Except as provided by divisions (L), (M), (N), (O), | 73045 |
| (P), and (S)(2) of this section, division (A)(2) of section | 73046 |
| 3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 73047 |
| and rules adopted under division (T)(1) of this section, any | 73048 |
| person applying for a registration certificate under section | 73049 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 73050 |
| variance, or plan approval under Chapter 3734. of the Revised Code | 73051 |
| shall pay a nonrefundable fee of fifteen dollars at the time the | 73052 |
| application is submitted. | 73053 |
| Except as otherwise provided, any person applying for a | 73054 |
| permit, variance, or plan approval under Chapter 6109. or 6111. of | 73055 |
| the Revised Code shall pay a nonrefundable fee of one hundred | 73056 |
| dollars at the time the application is submitted through June 30, | 73057 |
| 73058 | |
|
the
application is submitted on and after July 1,
| 73059 |
|
Through June
30,
| 73060 |
| pollutant discharge elimination system permit under Chapter 6111. | 73061 |
| of the Revised Code shall pay a nonrefundable fee of two hundred | 73062 |
| dollars at the time of application for the permit. On and after | 73063 |
|
July 1,
| 73064 |
| fifteen dollars at the time of application. | 73065 |
| In addition to the application fee established under division | 73066 |
| (S)(1) of this section, any person applying for a national | 73067 |
| pollutant discharge elimination system general storm water | 73068 |
| construction permit shall pay a nonrefundable fee of twenty | 73069 |
| dollars per acre for each acre that is permitted above five acres | 73070 |
| at the time the application is submitted. However, the per acreage | 73071 |
| fee shall not exceed three hundred dollars. In addition, any | 73072 |
| person applying for a national pollutant discharge elimination | 73073 |
| system general storm water industrial permit shall pay a | 73074 |
| nonrefundable fee of one hundred fifty dollars at the time the | 73075 |
| application is submitted. | 73076 |
| The director shall transmit all moneys collected under | 73077 |
| division (S)(1) of this section pursuant to Chapter 6109. of the | 73078 |
| Revised Code to the treasurer of state for deposit into the | 73079 |
| drinking water protection fund created in section 6109.30 of the | 73080 |
| Revised Code. | 73081 |
| The director shall transmit all moneys collected under | 73082 |
| division (S)(1) of this section pursuant to Chapter 6111. of the | 73083 |
| Revised Code to the treasurer of state for deposit into the | 73084 |
| surface water protection fund created in section 6111.038 of the | 73085 |
| Revised Code. | 73086 |
| If a registration certificate is issued under section | 73087 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 73088 |
| the application fee paid shall be deducted from the amount of the | 73089 |
| registration certificate fee due under division (R)(1), (2), or | 73090 |
| (5) of this section, as applicable. | 73091 |
| If a person submits an electronic application for a | 73092 |
| registration certificate, permit, variance, or plan approval for | 73093 |
| which an application fee is established under division (S)(1) of | 73094 |
| this section, the person shall pay the applicable application fee | 73095 |
| as expeditiously as possible after the submission of the | 73096 |
| electronic application. An application for a registration | 73097 |
| certificate, permit, variance, or plan approval for which an | 73098 |
| application fee is established under division (S)(1) of this | 73099 |
| section shall not be reviewed or processed until the applicable | 73100 |
| application fee, and any other fees established under this | 73101 |
| division, are paid. | 73102 |
| (2) Division (S)(1) of this section does not apply to an | 73103 |
| application for a registration certificate for a scrap tire | 73104 |
| collection or storage facility submitted under section 3734.75 or | 73105 |
| 3734.76 of the Revised Code, as applicable, if the owner or | 73106 |
| operator of the facility or proposed facility is a motor vehicle | 73107 |
| salvage dealer licensed under Chapter 4738. of the Revised Code. | 73108 |
| (T) The director may adopt, amend, and rescind rules in | 73109 |
| accordance with Chapter 119. of the Revised Code that do all of | 73110 |
| the following: | 73111 |
| (1) Prescribe fees to be paid by applicants for and holders | 73112 |
| of any license, permit, variance, plan approval, or certification | 73113 |
| required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 73114 |
| the Revised Code that are not specifically established in this | 73115 |
| section. The fees shall be designed to defray the cost of | 73116 |
| processing, issuing, revoking, modifying, denying, and enforcing | 73117 |
| the licenses, permits, variances, plan approvals, and | 73118 |
| certifications. | 73119 |
| The director shall transmit all moneys collected under rules | 73120 |
| adopted under division (T)(1) of this section pursuant to Chapter | 73121 |
| 6109. of the Revised Code to the treasurer of state for deposit | 73122 |
| into the drinking water protection fund created in section 6109.30 | 73123 |
| of the Revised Code. | 73124 |
| The director shall transmit all moneys collected under rules | 73125 |
| adopted under division (T)(1) of this section pursuant to Chapter | 73126 |
| 6111. of the Revised Code to the treasurer of state for deposit | 73127 |
| into the surface water protection fund created in section 6111.038 | 73128 |
| of the Revised Code. | 73129 |
| (2) Exempt the state and political subdivisions thereof, | 73130 |
| including education facilities or medical facilities owned by the | 73131 |
| state or a political subdivision, or any person exempted from | 73132 |
| taxation by section 5709.07 or 5709.12 of the Revised Code, from | 73133 |
| any fee required by this section; | 73134 |
| (3) Provide for the waiver of any fee, or any part thereof, | 73135 |
| otherwise required by this section whenever the director | 73136 |
| determines that the imposition of the fee would constitute an | 73137 |
| unreasonable cost of doing business for any applicant, class of | 73138 |
| applicants, or other person subject to the fee; | 73139 |
| (4) Prescribe measures that the director considers necessary | 73140 |
| to carry out this section. | 73141 |
| (U) When the director reasonably demonstrates that the direct | 73142 |
| cost to the state associated with the issuance of a permit to | 73143 |
| install, license, variance, plan approval, or certification | 73144 |
| exceeds the fee for the issuance or review specified by this | 73145 |
| section, the director may condition the issuance or review on the | 73146 |
| payment by the person receiving the issuance or review of, in | 73147 |
| addition to the fee specified by this section, the amount, or any | 73148 |
| portion thereof, in excess of the fee specified under this | 73149 |
| section. The director shall not so condition issuances for which | 73150 |
| fees are prescribed in divisions (B)(7) and (L)(1)(b) of this | 73151 |
| section. | 73152 |
| (V) Except as provided in divisions (L), (M), and (P) of this | 73153 |
| section or unless otherwise prescribed by a rule of the director | 73154 |
| adopted pursuant to Chapter 119. of the Revised Code, all fees | 73155 |
| required by this section are payable within thirty days after the | 73156 |
| issuance of an invoice for the fee by the director or the | 73157 |
| effective date of the issuance of the license, permit, variance, | 73158 |
| plan approval, or certification. If payment is late, the person | 73159 |
| responsible for payment of the fee shall pay an additional ten per | 73160 |
| cent of the amount due for each month that it is late. | 73161 |
| (W) As used in this section, "fuel-burning equipment," | 73162 |
| "fuel-burning equipment input capacity," "incinerator," | 73163 |
| "incinerator input capacity," "process," "process weight rate," | 73164 |
| "storage tank," "gasoline dispensing facility," "dry cleaning | 73165 |
| facility," "design flow discharge," and "new source treatment | 73166 |
| works" have the meanings ascribed to those terms by applicable | 73167 |
| rules or standards adopted by the director under Chapter 3704. or | 73168 |
| 6111. of the Revised Code. | 73169 |
| (X) As used in divisions (B), (C), (D), (E), (F), (H), (I), | 73170 |
| and (J) of this section, and in any other provision of this | 73171 |
| section pertaining to fees paid pursuant to Chapter 3704. of the | 73172 |
| Revised Code: | 73173 |
| (1) "Facility," "federal Clean Air Act," "person," and "Title | 73174 |
| V permit" have the same meanings as in section 3704.01 of the | 73175 |
| Revised Code. | 73176 |
| (2) "Title V permit program" means the following activities | 73177 |
| as necessary to meet the requirements of Title V of the federal | 73178 |
| Clean Air Act and 40 C.F.R. part 70, including at least: | 73179 |
| (a) Preparing and adopting, if applicable, generally | 73180 |
| applicable rules or guidance regarding the permit program or its | 73181 |
| implementation or enforcement; | 73182 |
| (b) Reviewing and acting on any application for a Title V | 73183 |
| permit, permit revision, or permit renewal, including the | 73184 |
| development of an applicable requirement as part of the processing | 73185 |
| of a permit, permit revision, or permit renewal; | 73186 |
| (c) Administering the permit program, including the | 73187 |
| supporting and tracking of permit applications, compliance | 73188 |
| certification, and related data entry; | 73189 |
| (d) Determining which sources are subject to the program and | 73190 |
| implementing and enforcing the terms of any Title V permit, not | 73191 |
| including any court actions or other formal enforcement actions; | 73192 |
| (e) Emission and ambient monitoring; | 73193 |
| (f) Modeling, analyses, or demonstrations; | 73194 |
| (g) Preparing inventories and tracking emissions; | 73195 |
| (h) Providing direct and indirect support to small business | 73196 |
| stationary sources to determine and meet their obligations under | 73197 |
| the federal Clean Air Act pursuant to the small business | 73198 |
| stationary source technical and environmental compliance | 73199 |
| assistance program required by section 507 of that act and | 73200 |
| established in sections 3704.18, 3704.19, and 3706.19 of the | 73201 |
| Revised Code. | 73202 |
| (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 73203 |
| of this section, each sewage sludge facility shall pay a | 73204 |
| nonrefundable annual sludge fee equal to three dollars and fifty | 73205 |
| cents per dry ton of sewage sludge, including the dry tons of | 73206 |
| sewage sludge in materials derived from sewage sludge, that the | 73207 |
| sewage sludge facility treats or disposes of in this state. The | 73208 |
| annual volume of sewage sludge treated or disposed of by a sewage | 73209 |
| sludge facility shall be calculated using the first day of January | 73210 |
| through the thirty-first day of December of the calendar year | 73211 |
| preceding the date on which payment of the fee is due. | 73212 |
| (2)(a) Except as provided in division (Y)(2)(d) of this | 73213 |
| section, each sewage sludge facility shall pay a minimum annual | 73214 |
| sewage sludge fee of one hundred dollars. | 73215 |
| (b) The annual sludge fee required to be paid by a sewage | 73216 |
| sludge facility that treats or disposes of exceptional quality | 73217 |
| sludge in this state shall be thirty-five per cent less per dry | 73218 |
| ton of exceptional quality sludge than the fee assessed under | 73219 |
| division (Y)(1) of this section, subject to the following | 73220 |
| exceptions: | 73221 |
| (i) Except as provided in division (Y)(2)(d) of this section, | 73222 |
| a sewage sludge facility that treats or disposes of exceptional | 73223 |
| quality sludge shall pay a minimum annual sewage sludge fee of one | 73224 |
| hundred dollars. | 73225 |
| (ii) A sewage sludge facility that treats or disposes of | 73226 |
| exceptional quality sludge shall not be required to pay the annual | 73227 |
| sludge fee for treatment or disposal in this state of exceptional | 73228 |
| quality sludge generated outside of this state and contained in | 73229 |
| bags or other containers not greater than one hundred pounds in | 73230 |
| capacity. | 73231 |
| A thirty-five per cent reduction for exceptional quality | 73232 |
| sludge applies to the maximum annual fees established under | 73233 |
| division (Y)(3) of this section. | 73234 |
| (c) A sewage sludge facility that transfers sewage sludge to | 73235 |
| another sewage sludge facility in this state for further treatment | 73236 |
| prior to disposal in this state shall not be required to pay the | 73237 |
| annual sludge fee for the tons of sewage sludge that have been | 73238 |
| transferred. In such a case, the sewage sludge facility that | 73239 |
| disposes of the sewage sludge shall pay the annual sludge fee. | 73240 |
| However, the facility transferring the sewage sludge shall pay the | 73241 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 73242 |
| of this section. | 73243 |
| In the case of a sewage sludge facility that treats sewage | 73244 |
| sludge in this state and transfers it out of this state to another | 73245 |
| entity for disposal, the sewage sludge facility in this state | 73246 |
| shall be required to pay the annual sludge fee for the tons of | 73247 |
| sewage sludge that have been transferred. | 73248 |
| (d) A sewage sludge facility that generates sewage sludge | 73249 |
| resulting from an average daily discharge flow of less than five | 73250 |
| thousand gallons per day is not subject to the fees assessed under | 73251 |
| division (Y) of this section. | 73252 |
| (3) No sewage sludge facility required to pay the annual | 73253 |
| sludge fee shall be required to pay more than the maximum annual | 73254 |
| fee for each disposal method that the sewage sludge facility uses. | 73255 |
| The maximum annual fee does not include the additional amount that | 73256 |
| may be charged under division (Y)(5) of this section for late | 73257 |
| payment of the annual sludge fee. The maximum annual fee for the | 73258 |
| following methods of disposal of sewage sludge is as follows: | 73259 |
| (a) Incineration: five thousand dollars; | 73260 |
| (b) Preexisting land reclamation project or disposal in a | 73261 |
| landfill: five thousand dollars; | 73262 |
| (c) Land application, land reclamation, surface disposal, or | 73263 |
| any other disposal method not specified in division (Y)(3)(a) or | 73264 |
| (b) of this section: twenty thousand dollars. | 73265 |
| (4)(a) In the case of an entity that generates sewage sludge | 73266 |
| or a sewage sludge facility that treats sewage sludge and | 73267 |
| transfers the sewage sludge to an incineration facility for | 73268 |
| disposal, the incineration facility, and not the entity generating | 73269 |
| the sewage sludge or the sewage sludge facility treating the | 73270 |
| sewage sludge, shall pay the annual sludge fee for the tons of | 73271 |
| sewage sludge that are transferred. However, the entity or | 73272 |
| facility generating or treating the sewage sludge shall pay the | 73273 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 73274 |
| of this section. | 73275 |
| (b) In the case of an entity that generates sewage sludge and | 73276 |
| transfers the sewage sludge to a landfill for disposal or to a | 73277 |
| sewage sludge facility for land reclamation or surface disposal, | 73278 |
| the entity generating the sewage sludge, and not the landfill or | 73279 |
| sewage sludge facility, shall pay the annual sludge fee for the | 73280 |
| tons of sewage sludge that are transferred. | 73281 |
| (5) Not later than the first day of April of the calendar | 73282 |
| year following March 17, 2000, and each first day of April | 73283 |
| thereafter, the director shall issue invoices to persons who are | 73284 |
| required to pay the annual sludge fee. The invoice shall identify | 73285 |
| the nature and amount of the annual sludge fee assessed and state | 73286 |
| the first day of May as the deadline for receipt by the director | 73287 |
| of objections regarding the amount of the fee and the first day of | 73288 |
| July as the deadline for payment of the fee. | 73289 |
| Not later than the first day of May following receipt of an | 73290 |
| invoice, a person required to pay the annual sludge fee may submit | 73291 |
| objections to the director concerning the accuracy of information | 73292 |
| regarding the number of dry tons of sewage sludge used to | 73293 |
| calculate the amount of the annual sludge fee or regarding whether | 73294 |
| the sewage sludge qualifies for the exceptional quality sludge | 73295 |
| discount established in division (Y)(2)(b) of this section. The | 73296 |
| director may consider the objections and adjust the amount of the | 73297 |
| fee to ensure that it is accurate. | 73298 |
| If the director does not adjust the amount of the annual | 73299 |
| sludge fee in response to a person's objections, the person may | 73300 |
| appeal the director's determination in accordance with Chapter | 73301 |
| 119. of the Revised Code. | 73302 |
| Not later than the first day of June, the director shall | 73303 |
| notify the objecting person regarding whether the director has | 73304 |
| found the objections to be valid and the reasons for the finding. | 73305 |
| If the director finds the objections to be valid and adjusts the | 73306 |
| amount of the annual sludge fee accordingly, the director shall | 73307 |
| issue with the notification a new invoice to the person | 73308 |
| identifying the amount of the annual sludge fee assessed and | 73309 |
| stating the first day of July as the deadline for payment. | 73310 |
| Not later than the first day of July, any person who is | 73311 |
| required to do so shall pay the annual sludge fee. Any person who | 73312 |
| is required to pay the fee, but who fails to do so on or before | 73313 |
| that date shall pay an additional amount that equals ten per cent | 73314 |
| of the required annual sludge fee. | 73315 |
| (6) The director shall transmit all moneys collected under | 73316 |
| division (Y) of this section to the treasurer of state for deposit | 73317 |
| into the surface water protection fund created in section 6111.038 | 73318 |
| of the Revised Code. The moneys shall be used to defray the costs | 73319 |
| of administering and enforcing provisions in Chapter 6111. of the | 73320 |
| Revised Code and rules adopted under it that govern the use, | 73321 |
| storage, treatment, or disposal of sewage sludge. | 73322 |
| (7) Beginning in fiscal year 2001, and every two years | 73323 |
| thereafter, the director shall review the total amount of moneys | 73324 |
| generated by the annual sludge fees to determine if that amount | 73325 |
| exceeded six hundred thousand dollars in either of the two | 73326 |
| preceding fiscal years. If the total amount of moneys in the fund | 73327 |
| exceeded six hundred thousand dollars in either fiscal year, the | 73328 |
| director, after review of the fee structure and consultation with | 73329 |
| affected persons, shall issue an order reducing the amount of the | 73330 |
| fees levied under division (Y) of this section so that the | 73331 |
| estimated amount of moneys resulting from the fees will not exceed | 73332 |
| six hundred thousand dollars in any fiscal year. | 73333 |
| If, upon review of the fees under division (Y)(7) of this | 73334 |
| section and after the fees have been reduced, the director | 73335 |
| determines that the total amount of moneys collected and | 73336 |
| accumulated is less than six hundred thousand dollars, the | 73337 |
| director, after review of the fee structure and consultation with | 73338 |
| affected persons, may issue an order increasing the amount of the | 73339 |
| fees levied under division (Y) of this section so that the | 73340 |
| estimated amount of moneys resulting from the fees will be | 73341 |
| approximately six hundred thousand dollars. Fees shall never be | 73342 |
| increased to an amount exceeding the amount specified in division | 73343 |
| (Y)(7) of this section. | 73344 |
| Notwithstanding section 119.06 of the Revised Code, the | 73345 |
| director may issue an order under division (Y)(7) of this section | 73346 |
| without the necessity to hold an adjudicatory hearing in | 73347 |
| connection with the order. The issuance of an order under this | 73348 |
| division is not an act or action for purposes of section 3745.04 | 73349 |
| of the Revised Code. | 73350 |
| (8) As used in division (Y) of this section: | 73351 |
| (a) "Sewage sludge facility" means an entity that performs | 73352 |
| treatment on or is responsible for the disposal of sewage sludge. | 73353 |
| (b) "Sewage sludge" means a solid, semi-solid, or liquid | 73354 |
| residue generated during the treatment of domestic sewage in a | 73355 |
| treatment works as defined in section 6111.01 of the Revised Code. | 73356 |
| "Sewage sludge" includes, but is not limited to, scum or solids | 73357 |
| removed in primary, secondary, or advanced wastewater treatment | 73358 |
| processes. "Sewage sludge" does not include ash generated during | 73359 |
| the firing of sewage sludge in a sewage sludge incinerator, grit | 73360 |
| and screenings generated during preliminary treatment of domestic | 73361 |
| sewage in a treatment works, animal manure, residue generated | 73362 |
| during treatment of animal manure, or domestic septage. | 73363 |
| (c) "Exceptional quality sludge" means sewage sludge that | 73364 |
| meets all of the following qualifications: | 73365 |
| (i) Satisfies the class A pathogen standards in 40 C.F.R. | 73366 |
| 503.32(a); | 73367 |
| (ii) Satisfies one of the vector attraction reduction | 73368 |
| requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 73369 |
| (iii) Does not exceed the ceiling concentration limitations | 73370 |
| for metals listed in table one of 40 C.F.R. 503.13; | 73371 |
| (iv) Does not exceed the concentration limitations for metals | 73372 |
| listed in table three of 40 C.F.R. 503.13. | 73373 |
| (d) "Treatment" means the preparation of sewage sludge for | 73374 |
| final use or disposal and includes, but is not limited to, | 73375 |
| thickening, stabilization, and dewatering of sewage sludge. | 73376 |
| (e) "Disposal" means the final use of sewage sludge, | 73377 |
| including, but not limited to, land application, land reclamation, | 73378 |
| surface disposal, or disposal in a landfill or an incinerator. | 73379 |
| (f) "Land application" means the spraying or spreading of | 73380 |
| sewage sludge onto the land surface, the injection of sewage | 73381 |
| sludge below the land surface, or the incorporation of sewage | 73382 |
| sludge into the soil for the purposes of conditioning the soil or | 73383 |
| fertilizing crops or vegetation grown in the soil. | 73384 |
| (g) "Land reclamation" means the returning of disturbed land | 73385 |
| to productive use. | 73386 |
| (h) "Surface disposal" means the placement of sludge on an | 73387 |
| area of land for disposal, including, but not limited to, | 73388 |
| monofills, surface impoundments, lagoons, waste piles, or | 73389 |
| dedicated disposal sites. | 73390 |
| (i) "Incinerator" means an entity that disposes of sewage | 73391 |
| sludge through the combustion of organic matter and inorganic | 73392 |
| matter in sewage sludge by high temperatures in an enclosed | 73393 |
| device. | 73394 |
| (j) "Incineration facility" includes all incinerators owned | 73395 |
| or operated by the same entity and located on a contiguous tract | 73396 |
| of land. Areas of land are considered to be contiguous even if | 73397 |
| they are separated by a public road or highway. | 73398 |
| (k) "Annual sludge fee" means the fee assessed under division | 73399 |
| (Y)(1) of this section. | 73400 |
| (l) "Landfill" means a sanitary landfill facility, as defined | 73401 |
| in rules adopted under section 3734.02 of the Revised Code, that | 73402 |
| is licensed under section 3734.05 of the Revised Code. | 73403 |
| (m) "Preexisting land reclamation project" means a | 73404 |
| property-specific land reclamation project that has been in | 73405 |
| continuous operation for not less than five years pursuant to | 73406 |
| approval of the activity by the director and includes the | 73407 |
| implementation of a community outreach program concerning the | 73408 |
| activity. | 73409 |
| Sec. 3748.01. As used in this chapter: | 73410 |
| (A) "Byproduct material" means either of the following: | 73411 |
| (1) Any radioactive material, except special nuclear | 73412 |
| material, yielded in or made radioactive by exposure to radiation | 73413 |
| incident to the process of producing or utilizing special nuclear | 73414 |
| material; | 73415 |
| (2) The tailings or wastes produced by the extraction or | 73416 |
| concentration of uranium or thorium from any ore processed | 73417 |
| primarily for its source material content. | 73418 |
| (B) "Certified radiation expert" means an individual who has | 73419 |
| complied with all of the following: | 73420 |
| (1) Applied to the director of health for certification as a | 73421 |
| radiation expert under section 3748.12 of the Revised Code; | 73422 |
| (2) Met minimum education and experience requirements | 73423 |
| established in rules adopted under division (C) of section 3748.04 | 73424 |
| of the Revised Code; | 73425 |
| (3) Been granted a certificate as a radiation expert by the | 73426 |
| director under section 3748.12 of the Revised Code. | 73427 |
| (C) "Closure" or "site closure" refers to a facility for the | 73428 |
| disposal of low-level radioactive waste or a byproduct material | 73429 |
| site, as "byproduct material" is defined in division (A)(2) of | 73430 |
| this section, and means all activities performed at a licensed | 73431 |
| operation, such as stabilization and contouring, to ensure that | 73432 |
| the site where the operation occurred is in a stable condition so | 73433 |
| that only minor custodial care, surveillance, and monitoring are | 73434 |
| necessary at the site following the termination of the licensed | 73435 |
| operation. | 73436 |
| (D) "Decommissioning" means to safely remove any licensed | 73437 |
| operation from service and reduce residual radioactivity to a | 73438 |
| level that permits release of the licensee's property for | 73439 |
| unrestricted use. With regard to a facility for the disposal of | 73440 |
| low-level radioactive waste or a byproduct material site, as | 73441 |
| "byproduct material" is defined in division (A)(2) of this | 73442 |
| section, "decommissioning" does not include the reduction of | 73443 |
| residual radioactivity to a level that permits release of the | 73444 |
| facility for unrestricted use. | 73445 |
| (E) "Director of health" includes a designee or authorized | 73446 |
| representative of the director. | 73447 |
| (F) "Disposal," with regard to low-level radioactive waste, | 73448 |
| means the permanent isolation of that waste in accordance with | 73449 |
| requirements established by the United States nuclear regulatory | 73450 |
| commission or the licensing agreement state. | 73451 |
| (G) "Disposal site" means that portion of a facility that is | 73452 |
| used for the disposal of low-level radioactive waste and that | 73453 |
| consists of disposal units and a buffer zone. "Disposal unit" | 73454 |
| means a discrete portion of such a facility into which low-level | 73455 |
| radioactive waste is placed for disposal. | 73456 |
| (H)(1) Except as provided in division (H)(2) of this section, | 73457 |
| "facility" means the state, any political subdivision, person, | 73458 |
| public or private institution, or group, or any unit of one of | 73459 |
| those entities, but does not include the federal government or any | 73460 |
| of its agencies. | 73461 |
| (2) For the purposes of the disposal of low-level radioactive | 73462 |
| waste, "facility" has the same meaning as in section 3747.01 of | 73463 |
| the Revised Code. | 73464 |
| (I) "Handle" means receive, possess, use, store, transfer, | 73465 |
| install, service, or dispose of sources of radiation unless | 73466 |
| possession is solely for the purpose of transportation. | 73467 |
| (J) "Handler" means a facility that handles sources of | 73468 |
| radiation unless possession is solely for the purpose of | 73469 |
| transportation. | 73470 |
| (K) "Inspection" means an official review, examination, or | 73471 |
| observation, including, without limitation, tests, surveys, and | 73472 |
| monitoring, that is used to determine compliance with rules, | 73473 |
| orders, requirements, and conditions of the department of health | 73474 |
| and that is conducted by the director of health. | 73475 |
| (L) "Low-level radioactive waste" has the same meaning as in | 73476 |
| section 3747.01 of the Revised Code with regard to the disposal of | 73477 |
| low-level radioactive waste. In regard to regulatory control at | 73478 |
| locations other than a disposal facility, "low-level radioactive | 73479 |
| waste" has the same meaning as in 42 U.S.C.A. 2021b. | 73480 |
| (M) "Quality assurance program" means a program providing for | 73481 |
| verification by written procedures such as testing, auditing, and | 73482 |
| inspection to ensure that deficiencies, deviations, defective | 73483 |
| equipment, or unsafe practices, or a combination thereof, relating | 73484 |
| to the use, disposal, management, or manufacture of radiation | 73485 |
| sources are identified, promptly corrected, and reported to the | 73486 |
| appropriate regulatory authorities. | 73487 |
| (N) "Radiation" means ionizing and nonionizing radiation. | 73488 |
| (1) "Ionizing radiation" means gamma rays and X-rays, alpha | 73489 |
| and beta particles, high-speed electrons, neutrons, protons, and | 73490 |
| other nuclear particles, but does not include sound or radio waves | 73491 |
| or visible, infrared, or ultraviolet light. | 73492 |
| (2) "Nonionizing radiation" means any electromagnetic | 73493 |
| radiation, other than ionizing electromagnetic radiation, or any | 73494 |
| sonic, ultrasonic, or infrasonic wave. | 73495 |
| (O) "Radioactive material" means any solid, liquid, or | 73496 |
| gaseous material that emits ionizing radiation spontaneously. | 73497 |
| "Radioactive material" includes accelerator-produced and naturally | 73498 |
| occurring materials and byproduct, source, and special nuclear | 73499 |
| material. | 73500 |
| (P) "Radiation-generating equipment" means any manufactured | 73501 |
| product or device, or component of such a product or device, or | 73502 |
| any machine or system that during operation can generate or emit | 73503 |
| radiation, except those that emit radiation only from radioactive | 73504 |
| material. "Radiation-generating equipment" does not include either | 73505 |
| of the following: | 73506 |
| (1) Diathermy machines; | 73507 |
| (2) Microwave ovens, including food service microwave ovens | 73508 |
| used for commercial and industrial uses, television receivers, | 73509 |
| electric lamps, and other household appliances and products that | 73510 |
| generate very low levels of radiation. | 73511 |
| (Q) "Source material" means uranium, thorium, or any | 73512 |
| combination thereof in any physical or chemical form, or any ores | 73513 |
| that contain by weight at least one-twentieth of one per cent of | 73514 |
| uranium, thorium, or any combination thereof. "Source material" | 73515 |
| does not include special nuclear material. | 73516 |
| (R) "Source of radiation" means radioactive material or | 73517 |
| radiation-generating equipment. | 73518 |
| (S) "Special nuclear material" means either of the following: | 73519 |
| (1) Plutonium, uranium 233, uranium enriched in the isotope | 73520 |
| 233 or in the isotope 235, and any other material that the United | 73521 |
| States nuclear regulatory commission determines to be special | 73522 |
| nuclear material, but does not include source material pursuant to | 73523 |
| section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42 | 73524 |
| U.S.C.A. 2071." | 73525 |
| (2) Except for any source material, any material artificially | 73526 |
| enriched by any of the materials identified in division (S)(1) of | 73527 |
| this section. | 73528 |
| (T) "Storage" means the retention of radioactive materials, | 73529 |
| including low-level radioactive waste, prior to disposal in a | 73530 |
| manner that allows for surveillance, control, and subsequent | 73531 |
| retrieval. | 73532 |
| (U) "Medical practitioner" means a person who is authorized | 73533 |
| pursuant to Chapter 4715. of the Revised Code to practice | 73534 |
| dentistry; pursuant to Chapter 4731. of the Revised Code to | 73535 |
| practice medicine and surgery, osteopathic medicine and surgery, | 73536 |
| or podiatric medicine and surgery; or pursuant to Chapter 4734. of | 73537 |
| the Revised Code to practice chiropractic. | 73538 |
| (V) "Medical-practitioner group" means a corporation, | 73539 |
| partnership, or other business entity, other than a hospital as | 73540 |
| defined in section 3727.01 of the Revised Code, consisting of | 73541 |
| medical practitioners. | 73542 |
| Sec. 3748.04. The public health council, in accordance with | 73543 |
| Chapter 119. of the Revised Code, shall adopt and may amend or | 73544 |
| rescind rules doing all of the following: | 73545 |
| (A) Listing types of radioactive material for which licensure | 73546 |
| by its handler is required and types of radiation-generating | 73547 |
| equipment for which registration by its handler is required, and | 73548 |
| establishing requirements governing them. Rules adopted under | 73549 |
| division (A) of this section shall be compatible with applicable | 73550 |
| federal regulations and shall establish all of the following, | 73551 |
| without limitation: | 73552 |
| (1) Requirements governing both of the following: | 73553 |
| (a) The licensing and inspection of handlers of radioactive | 73554 |
| material. Standards established in rules adopted under division | 73555 |
| (A)(1)(a) of this section regarding byproduct material or any | 73556 |
| activity that results in the production of that material, to the | 73557 |
| extent practicable, shall be equivalent to or more stringent than | 73558 |
| applicable standards established by the United States nuclear | 73559 |
| regulatory commission. | 73560 |
| (b) The registration and inspection of handlers of | 73561 |
| radiation-generating equipment. Standards established in rules | 73562 |
| adopted under division (A)(1)(b) of this section, to the extent | 73563 |
| practicable, shall be equivalent to applicable standards | 73564 |
| established by the food and drug administration in the United | 73565 |
| States department of health and human services. | 73566 |
| (2) Identification of and requirements governing possession | 73567 |
| and use of specifically licensed and generally licensed quantities | 73568 |
| of radioactive material as either sealed sources or unsealed | 73569 |
| sources; | 73570 |
| (3) A procedure for the issuance of and the frequency of | 73571 |
| renewal of the licenses of handlers of radioactive material, other | 73572 |
| than a license for a facility for the disposal of low-level | 73573 |
| radioactive waste, and of the certificates of registration of | 73574 |
| handlers of radiation-generating equipment; | 73575 |
| (4) Procedures for suspending and revoking the licenses of | 73576 |
| handlers of radioactive material and the certificates of | 73577 |
| registration of handlers of radiation-generating equipment; | 73578 |
| (5) Criteria to be used by the director of health in amending | 73579 |
| the license of a handler of radioactive material or the | 73580 |
| certificate of registration of a handler of radiation-generating | 73581 |
| equipment subsequent to its issuance; | 73582 |
| (6) Criteria for achieving and maintaining compliance with | 73583 |
| this chapter and rules adopted under it by licensees and | 73584 |
| registrants; | 73585 |
| (7) Criteria governing environmental monitoring of licensed | 73586 |
| and registered activities to assess compliance with this chapter | 73587 |
| and rules adopted under it; | 73588 |
| (8) | 73589 |
| 73590 |
| (a) The licensing of handlers | 73591 |
|
than | 73592 |
|
radioactive waste, | 73593 |
| (b) The registration of handlers, other than facilities that | 73594 |
| are, or are operated by, medical practitioners or | 73595 |
|
medical-practitioner groups, of
radiation-generating equipment | 73596 |
| 73597 |
| (9) A fee schedule for | 73598 |
| includes fees for reviews, conducted during an inspection, of | 73599 |
| shielding plans or the adequacy of shielding: | 73600 |
| (a) The inspection of handlers of radioactive material; | 73601 |
| (b) The inspection of handlers, other than facilities that | 73602 |
| are, or are operated by, medical practitioners or | 73603 |
| medical-practitioner groups, of radiation-generating equipment. | 73604 |
| 73605 | |
| 73606 | |
| 73607 | |
| 73608 | |
| 73609 | |
| 73610 | |
| 73611 |
| | 73612 |
| 73613 | |
| 73614 | |
| 73615 | |
| 73616 | |
| 73617 |
| (B)(1) Identifying sources of radiation, circumstances of | 73618 |
| possession, use, or disposal of sources of radiation, and levels | 73619 |
| of radiation that constitute an unreasonable or unnecessary risk | 73620 |
| to human health or the environment; | 73621 |
| (2) Establishing requirements for the achievement and | 73622 |
| maintenance of compliance with standards for the receipt, | 73623 |
| possession, use, storage, installation, transfer, servicing, and | 73624 |
| disposal of sources of radiation to prevent levels of radiation | 73625 |
| that constitute an unreasonable or unnecessary risk to human | 73626 |
| health or the environment; | 73627 |
| (3) Requiring the maintenance of records on the receipt, use, | 73628 |
| storage, transfer, and disposal of radioactive material and on the | 73629 |
| radiological safety aspects of the use and maintenance of | 73630 |
| radiation-generating equipment. | 73631 |
| In adopting rules under divisions (A) and (B) of this | 73632 |
| section, the council shall use standards no less stringent than | 73633 |
| the "suggested state regulations for control of radiation" | 73634 |
| prepared by the conference of radiation control program directors, | 73635 |
| inc., and regulations adopted by the United States nuclear | 73636 |
| regulatory commission, the United States environmental protection | 73637 |
| agency, and the United States department of health and human | 73638 |
| services and shall consider reports of the national council on | 73639 |
| radiation protection and measurement and the relevant standards of | 73640 |
| the American national standards institute. | 73641 |
| (C) Establishing fees, procedures, and requirements for | 73642 |
| certification as a radiation expert, including all of the | 73643 |
| following, without limitation: | 73644 |
| (1) Minimum training and experience requirements; | 73645 |
| (2) Procedures for applying for certification; | 73646 |
| (3) Procedures for review of applications and issuance of | 73647 |
| certificates; | 73648 |
| (4) Procedures for suspending and revoking certification. | 73649 |
| (D) Establishing a schedule for inspection of sources of | 73650 |
| radiation and their shielding and surroundings; | 73651 |
| (E) Establishing the responsibilities of a radiation expert; | 73652 |
| (F) Establishing criteria for quality assurance programs for | 73653 |
| licensees of radioactive material and registrants of | 73654 |
| radiation-generating equipment; | 73655 |
| (G) Establishing fees to be paid by any facility that, on | 73656 |
| September 8, 1995, holds a license from the United States nuclear | 73657 |
| regulatory commission in order to provide moneys necessary for the | 73658 |
| transfer of licensing and other regulatory authority from the | 73659 |
| commission to the state pursuant to section 3748.03 of the Revised | 73660 |
| Code. Rules adopted under this division shall stipulate that fees | 73661 |
| so established do not apply to any functions dealing specifically | 73662 |
| with a facility for the disposal of low-level radioactive waste. | 73663 |
| Fees collected under this division shall be deposited into the | 73664 |
| state treasury to the credit of the general operations fund | 73665 |
| created in section 3701.83 of the Revised Code. The fees shall be | 73666 |
| used solely to administer and enforce this chapter and rules | 73667 |
| adopted under it. | 73668 |
| (H) Establishing fees to be collected annually from | 73669 |
| generators of low-level radioactive waste, which shall be based | 73670 |
| upon the volume and radioactivity of the waste generated and the | 73671 |
| costs of administering low-level radioactive waste management | 73672 |
| activities under this chapter and rules adopted under it. All fees | 73673 |
| collected under this division shall be deposited into the state | 73674 |
| treasury to the credit of the general operations fund created in | 73675 |
| section 3701.83 of the Revised Code. The fees shall be used solely | 73676 |
| to administer and enforce this chapter and rules adopted under it. | 73677 |
| Any fee required under this division that has not been paid within | 73678 |
| ninety days after the invoice date shall be assessed at two times | 73679 |
| the original invoiced fee. Any fee that has not been paid within | 73680 |
| one hundred eighty days after the invoice date shall be assessed | 73681 |
| at five times the original invoiced fee. | 73682 |
| (I) Establishing requirements governing closure, | 73683 |
| decontamination, decommissioning, reclamation, and long-term | 73684 |
| surveillance and care of a facility licensed under this chapter | 73685 |
| and rules adopted under it. Rules adopted under division (I) of | 73686 |
| this section shall include, without limitation, all of the | 73687 |
| following: | 73688 |
| (1) Standards and procedures to ensure that a licensee | 73689 |
| prepares a decommissioning funding plan that provides an adequate | 73690 |
| financial guaranty to permit the completion of all requirements | 73691 |
| governing the closure, decontamination, decommissioning, and | 73692 |
| reclamation of sites, structures, and equipment used in | 73693 |
| conjunction with a licensed activity; | 73694 |
| (2) For licensed activities where radioactive material that | 73695 |
| will require surveillance or care is likely to remain at the site | 73696 |
| after the licensed activities cease, as indicated in the | 73697 |
| application for the license submitted under section 3748.07 of the | 73698 |
| Revised Code, standards and procedures to ensure that the licensee | 73699 |
| prepares an additional decommissioning funding plan for long-term | 73700 |
| surveillance and care, before termination of the license, that | 73701 |
| provides an additional adequate financial guaranty as necessary to | 73702 |
| provide for that surveillance and care; | 73703 |
| (3) For the purposes of the decommissioning funding plans | 73704 |
| required in rules adopted under divisions (I)(1) and (2) of this | 73705 |
| section, the types of acceptable financial guaranties, which shall | 73706 |
| include bonds issued by fidelity or surety companies authorized to | 73707 |
| do business in the state, certificates of deposit, deposits of | 73708 |
| government securities, irrevocable letters or lines of credit, | 73709 |
| trust funds, escrow accounts, or other similar types of | 73710 |
| arrangements, but shall not include any arrangement that | 73711 |
| constitutes self-insurance; | 73712 |
| (4) A requirement that the decommissioning funding plans | 73713 |
| required in rules adopted under divisions (I)(1) and (2) of this | 73714 |
| section contain financial guaranties in amounts sufficient to | 73715 |
| ensure compliance with any standards established by the United | 73716 |
| States nuclear regulatory commission, or by the state if it has | 73717 |
| become an agreement state pursuant to section 3748.03 of the | 73718 |
| Revised Code, pertaining to closure, decontamination, | 73719 |
| decommissioning, reclamation, and long-term surveillance and care | 73720 |
| of licensed activities and sites of licensees. | 73721 |
| Standards established in rules adopted under division (I) of | 73722 |
| this section regarding any activity that resulted in the | 73723 |
| production of byproduct material, as defined in division (A)(2) of | 73724 |
| section 3748.01 of the Revised Code, to the extent practicable, | 73725 |
| shall be equivalent to or more stringent than standards | 73726 |
| established by the United States nuclear regulatory commission for | 73727 |
| sites at which ores were processed primarily for their source | 73728 |
| material content and at which byproduct material, as defined in | 73729 |
| division (A)(2) of section 3748.01 of the Revised Code, is | 73730 |
| deposited. | 73731 |
| (J) Establishing criteria governing inspections of a facility | 73732 |
| for the disposal of low-level radioactive waste, including, | 73733 |
| without limitation, the establishment of a resident inspector | 73734 |
| program at such a facility; | 73735 |
| (K) Establishing requirements and procedures governing the | 73736 |
| filing of complaints under section 3748.16 of the Revised Code, | 73737 |
| including, without limitation, those governing intervention in a | 73738 |
| hearing held under division (B)(3) of that section. | 73739 |
| Sec. 3748.07. (A) Every facility that proposes to handle | 73740 |
| radioactive material or radiation-generating equipment for which | 73741 |
| licensure or registration, respectively, by its handler is | 73742 |
| required shall apply in writing to the director of health on forms | 73743 |
| prescribed and provided by the director for licensure or | 73744 |
| registration. Terms and conditions of licenses and certificates of | 73745 |
| registration may be amended in accordance with rules adopted under | 73746 |
| section 3748.04 of the Revised Code or orders issued by the | 73747 |
| director pursuant to section 3748.05 of the Revised Code. | 73748 |
| (B) | 73749 |
| 73750 | |
| section, an application for a license, registration certificate, | 73751 |
| or renewal of either shall be accompanied by the appropriate fee | 73752 |
| specified in rules adopted under section 3748.04 of the Revised | 73753 |
| Code. | 73754 |
| (2) In the case of an applicant that is, or is operated by, a | 73755 |
| medical practitioner or medical-practitioner group and proposes to | 73756 |
| handle radiation-generating equipment, an application for a | 73757 |
| certificate of registration shall be accompanied by a biennial | 73758 |
|
registration fee of two
hundred
| 73759 |
| in the case of a renewal application, a biennial renewal fee in | 73760 |
|
the same amount. | 73761 |
| 73762 | |
| 73763 | |
| 73764 |
| (C) All fees collected under this section shall be deposited | 73765 |
| in the state treasury to the credit of the general operations fund | 73766 |
| created in section 3701.83 of the Revised Code. The fees shall be | 73767 |
| used solely to administer and enforce this chapter and rules | 73768 |
| adopted under it. | 73769 |
| (D) Any fee required under this section that has not been | 73770 |
| paid within ninety days after the invoice date shall be assessed | 73771 |
| at two times the original invoiced fee. Any fee that has not been | 73772 |
| paid within one hundred eighty days after the invoice date shall | 73773 |
| be assessed at five times the original invoiced fee. | 73774 |
| | 73775 |
| any applicant who has paid the required fee and is in compliance | 73776 |
| with this chapter and rules adopted under it. | 73777 |
| | 73778 |
| 73779 | |
| 73780 | |
| 73781 | |
| section, licenses and certificates of registration shall be | 73782 |
|
effective for
the applicable period established in | 73783 |
| adopted under section 3748.04 of the Revised Code. Licenses and | 73784 |
| certificates of registration shall be renewed in accordance with | 73785 |
|
the
| 73786 |
| adopted under section 3748.04 of the Revised Code. | 73787 |
| Sec. 3748.12. The director of health shall certify radiation | 73788 |
| experts pursuant to rules adopted under division (C) of section | 73789 |
| 3748.04 of the Revised Code. The director shall issue a | 73790 |
| certificate to each person certified under this section. An | 73791 |
| individual certified by the director is qualified to develop, | 73792 |
| provide periodic review of, and conduct audits of the quality | 73793 |
| assurance program for sources of radiation for which such a | 73794 |
| program is required under division (A) of section 3748.13 of the | 73795 |
| Revised Code. | 73796 |
| The public health council shall establish an application fee | 73797 |
| for applying for certification and a biennial certification | 73798 |
| renewal fee in rules adopted under division (C) of section 3748.04 | 73799 |
|
of the Revised Code.
| 73800 |
| 73801 | |
| 73802 | |
| 73803 | |
| 73804 | |
| 73805 | |
| 73806 | |
| years after the date of its issuance. To maintain certification, a | 73807 |
| radiation expert shall apply to the director for renewal of | 73808 |
| certification in accordance with the standard renewal procedures | 73809 |
| established in Chapter 4745. of the Revised Code. The | 73810 |
| certification renewal fee is not required for initial | 73811 |
| certification, but shall be paid for every renewal of | 73812 |
| certification. Fees collected under this section shall be | 73813 |
| deposited into the state treasury to the credit of the general | 73814 |
| operations fund created in section 3701.83 of the Revised Code. | 73815 |
| The fees shall be used solely to administer and enforce this | 73816 |
| chapter and rules adopted under it. Any fee required under this | 73817 |
| section that has not been paid within ninety days after the | 73818 |
| invoice date shall be assessed at two times the original invoiced | 73819 |
| fee. Any fee that has not been paid within one hundred eighty days | 73820 |
| after the invoice date shall be assessed at five times the | 73821 |
| original invoiced fee. | 73822 |
| Sec. 3748.13. (A) The director of health shall inspect | 73823 |
| sources of radiation for which licensure or registration by the | 73824 |
| handler is required, and the sources' shielding and surroundings, | 73825 |
| according to the schedule established in rules adopted under | 73826 |
| division (D) of section 3748.04 of the Revised Code. In accordance | 73827 |
|
with rules
adopted under | 73828 |
| the director shall inspect all records and operating procedures | 73829 |
| of handlers that install or service sources of radiation and all | 73830 |
| sources of radiation for which licensure of radioactive material | 73831 |
| or registration of radiation-generating equipment by the handler | 73832 |
| is required. The director may make other inspections upon | 73833 |
| receiving complaints or other evidence of a violation of this | 73834 |
| chapter or rules adopted under it. | 73835 |
| The director shall require any hospital registered under | 73836 |
| division (A) of section 3701.07 of the Revised Code to develop and | 73837 |
| maintain a quality assurance program for all sources of | 73838 |
| radiation-generating equipment. A certified radiation expert | 73839 |
| shall conduct oversight and maintenance of the program and shall | 73840 |
| file a report of audits of the program with the director on forms | 73841 |
| prescribed by the director. The audit reports shall become part of | 73842 |
| the inspection record. | 73843 |
| (B) | 73844 |
| 73845 | |
| (B)(2) of this section, a facility shall pay inspection fees for | 73846 |
| radioactive material and radiation-generating equipment according | 73847 |
|
to the
| 73848 |
| adopted under division (A)(9) of section 3748.04 of the Revised | 73849 |
| Code. | 73850 |
| (2) A facility that is, or is operated by, a medical | 73851 |
| practitioner or medical-practitioner group shall pay inspection | 73852 |
| fees for radiation-generating equipment according to the following | 73853 |
| schedule and categories: | 73854 |
| First dental x-ray tube | $ |
73855 | |||
| Each additional dental x-ray tube at the same location | $ |
73856 | |||
| First medical x-ray tube | $ |
73857 | |||
| Each additional medical x-ray tube at the same location | $ |
73858 | |||
| Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak | $ |
73859 | |||
| First nonionizing radiation-generating equipment of any kind | $ |
73860 | |||
| Each additional nonionizing radiation-generating equipment of any kind at the same location | $ |
73861 | |||
| Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation | $ |
73862 |
| | 73863 |
| 73864 | |
| 73865 | |
| 73866 | |
| 73867 | |
| Except as provided in division (C)(2) of this section, the fee | 73868 |
| for the inspection of a facility that proposes to handle | 73869 |
| radioactive material or radiation-generating equipment and is not | 73870 |
| licensed or registered, and for which no license or registration | 73871 |
|
application is
pending at the time of inspection, is | 73872 |
|
hundred
| 73873 |
| specified in rules adopted under division (A)(9) of section | 73874 |
| 3748.04 of the Revised Code. | 73875 |
| (2) For a facility that is, or is operated by, a medical | 73876 |
| practitioner or medical-practitioner group and proposes to handle | 73877 |
| radiation-generating equipment, the fee for an inspection if the | 73878 |
| facility is not licensed or registered, and no license or | 73879 |
| registration is pending at the time of inspection, is four hundred | 73880 |
| seventy-four dollars plus the fee applicable under the schedule in | 73881 |
| 73882 |
| (D)(1) Except as provided in division (D)(2) of this section, | 73883 |
| for a facility that handles radioactive material or | 73884 |
| radiation-generating equipment, the fee for an inspection to | 73885 |
| determine whether violations cited in a previous inspection have | 73886 |
| been corrected is the amount specified in rules adopted under | 73887 |
| division (A)(9) of section 3748.04 of the Revised Code. | 73888 |
| (2) For a facility that is, or is operated by, a medical | 73889 |
| practitioner or medical-practitioner group and handles | 73890 |
| radiation-generating equipment, the fee for an inspection to | 73891 |
| determine whether violations cited in a previous inspection have | 73892 |
| been corrected is fifty per cent of the applicable fee under the | 73893 |
| schedule in division (B)(2) of this section. | 73894 |
| (E) The director may conduct a review of shielding plans or | 73895 |
| the adequacy of shielding on the request of a licensee or | 73896 |
| registrant or an applicant for licensure or registration or | 73897 |
| during an inspection when the director considers a review to be | 73898 |
|
necessary.
| 73899 |
| 73900 |
| (1) Except as provided in division (E)(2) of this section, | 73901 |
|
the fee for the review is | 73902 |
| rules adopted under division (A)(9) of section 3748.04 of the | 73903 |
| Revised Code. | 73904 |
| (2) For a facility that is, or is operated by, a medical | 73905 |
| practitioner or medical-practitioner group and handles or proposes | 73906 |
| to handle radiation-generating equipment, the fee for the review | 73907 |
|
is seven hundred | 73908 |
| where a source of radiation is used and is in addition to any | 73909 |
|
other fee
applicable under the schedule in | 73910 |
| of this section. | 73911 |
| (F) All fees shall be paid to the department of health no | 73912 |
| later than thirty days after the invoice for the fee is mailed. | 73913 |
| Fees shall be deposited in the general operations fund created in | 73914 |
| section 3701.83 of the Revised Code. The fees shall be used solely | 73915 |
| to administer and enforce this chapter and rules adopted under it. | 73916 |
| (G) Any fee required under this section that has not been | 73917 |
| paid within ninety days after the invoice date shall be assessed | 73918 |
| at two times the original invoiced fee. Any fee that has not been | 73919 |
| paid within one hundred eighty days after the invoice date shall | 73920 |
| be assessed at five times the original invoiced fee. | 73921 |
| | 73922 |
| city or general health district is qualified to conduct | 73923 |
| inspections of radiation-generating equipment, the director may | 73924 |
| delegate to the board, by contract, the authority to conduct such | 73925 |
| inspections. In making a determination of the qualifications of a | 73926 |
| board of health to conduct those inspections, the director shall | 73927 |
| evaluate the credentials of the individuals who are to conduct the | 73928 |
| inspections of radiation-generating equipment and the radiation | 73929 |
| detection and measuring equipment available to them for that | 73930 |
| purpose. If a contract is entered into, the board shall have the | 73931 |
| same authority to make inspections of radiation-generating | 73932 |
| equipment as the director has under this chapter and rules adopted | 73933 |
| under it. The contract shall stipulate that only individuals | 73934 |
| approved by the director as qualified shall be permitted to | 73935 |
| inspect radiation-generating equipment under the contract's | 73936 |
| provisions. The contract shall provide for such compensation for | 73937 |
| services as is agreed to by the director and the board of health | 73938 |
| of the contracting health district. The director may reevaluate | 73939 |
| the credentials of the inspection personnel and their radiation | 73940 |
| detecting and measuring equipment as often as the director | 73941 |
| considers necessary and may terminate any contract with the board | 73942 |
| of health of any health district that, in the director's opinion, | 73943 |
| is not satisfactorily performing the terms of the contract. | 73944 |
| | 73945 |
| any public or private property to determine compliance with this | 73946 |
| chapter and rules adopted under it. | 73947 |
| Sec. 3749.04. (A) No person shall operate or maintain a | 73948 |
| public swimming pool, public spa, or special-use pool without a | 73949 |
| license issued by the licensor having jurisdiction. | 73950 |
| (B) Every person who intends to operate or maintain an | 73951 |
| existing public swimming pool, public spa, or special-use pool | 73952 |
| shall, during the month of April of each year, apply to the | 73953 |
| licensor having jurisdiction for a license to operate the pool or | 73954 |
| spa. Any person proposing to operate or maintain a new or | 73955 |
| otherwise unlicensed public swimming pool, public spa, or | 73956 |
| special-use pool shall apply to the licensor having jurisdiction | 73957 |
| at least thirty days prior to the intended start of operation of | 73958 |
| the pool or spa. Within thirty days of receipt of an application | 73959 |
| for licensure of a public swimming pool, public spa, or | 73960 |
| special-use pool, the licensor shall process the application and | 73961 |
| either issue a license or otherwise respond to the applicant | 73962 |
| regarding the application. | 73963 |
| (C) Each license issued shall be effective from the date of | 73964 |
| issuance until the last day of May of the following year. | 73965 |
| (D) Each licensor administering and enforcing sections | 73966 |
| 3749.01 to 3749.09 of the Revised Code and the rules adopted | 73967 |
| thereunder may establish licensing and inspection fees in | 73968 |
| accordance with section 3709.09 of the Revised Code, which shall | 73969 |
| not exceed the cost of licensing and inspecting public swimming | 73970 |
| pools, public spas, and special-use pools. | 73971 |
| (E) Except as provided in division (F) of this section and in | 73972 |
| division (B) of section 3749.07 of the Revised Code, all license | 73973 |
| fees collected by a licensor shall be deposited into a swimming | 73974 |
| pool fund, which is hereby created in each health district. The | 73975 |
| fees shall be used by the licensor solely for the purpose of | 73976 |
| administering and enforcing this chapter and the rules adopted | 73977 |
| under this chapter. | 73978 |
| (F) An annual license fee established under division (D) of | 73979 |
| this section shall include any additional amount determined by | 73980 |
|
rule of the public health council, which the | 73981 |
|
health shall
collect and transmit to the | 73982 |
| 73983 | |
| 73984 | |
| 3709.092 of the Revised Code. The amounts collected under this | 73985 |
| division shall be administered by the director of health and shall | 73986 |
| be used solely for the administration and enforcement of this | 73987 |
| chapter and the rules adopted under this chapter. | 73988 |
| Sec. 3770.05. (A) As used in this section, "person" means | 73989 |
| any person, association, corporation, partnership, club, trust, | 73990 |
| estate, society, receiver, trustee, person acting in a fiduciary | 73991 |
| or representative capacity, instrumentality of the state or any of | 73992 |
| its political subdivisions, or any other combination of | 73993 |
| individuals meeting the requirements set forth in this section or | 73994 |
| established by rule or order of the state lottery commission. | 73995 |
| (B) The director of the state lottery commission may license | 73996 |
| any person as a lottery sales agent. No license shall be issued to | 73997 |
| any person or group of persons to engage in the sale of lottery | 73998 |
| tickets as the person's or group's sole occupation or business. | 73999 |
| Before issuing any license to a lottery sales agent, the | 74000 |
| director shall consider all of the following: | 74001 |
| (1) The financial responsibility and security of the | 74002 |
| applicant and the applicant's business or activity; | 74003 |
| (2) The accessibility of the applicant's place of business or | 74004 |
| activity to the public; | 74005 |
| (3) The sufficiency of existing licensed agents to serve the | 74006 |
| public interest; | 74007 |
| (4) The volume of expected sales by the applicant; | 74008 |
| (5) Any other factors pertaining to the public interest, | 74009 |
| convenience, or trust. | 74010 |
| (C) Except as otherwise provided in division (F) of this | 74011 |
| section, the director of the state lottery commission shall refuse | 74012 |
| to grant, or shall suspend or revoke, a license if the applicant | 74013 |
| or licensee: | 74014 |
| (1) Has been convicted of a felony or has been convicted of a | 74015 |
| crime involving moral turpitude; | 74016 |
| (2) Has been convicted of an offense that involves illegal | 74017 |
| gambling; | 74018 |
| (3) Has been found guilty of fraud or misrepresentation in | 74019 |
| any connection; | 74020 |
| (4) Has been found to have violated any rule or order of the | 74021 |
| commission; or | 74022 |
| (5) Has been convicted of illegal trafficking in | 74023 |
| supplemental nutrition assistance program benefits. | 74024 |
| (D) Except as otherwise provided in division (F) of this | 74025 |
| section, the director of the state lottery commission shall refuse | 74026 |
| to grant, or shall suspend or revoke, a license if the applicant | 74027 |
| or licensee is a corporation and any of the following applies: | 74028 |
| (1) Any of the corporation's directors, officers, or | 74029 |
| controlling shareholders has been found guilty of any of the | 74030 |
| activities specified in divisions (C)(1) to (5) of this section; | 74031 |
| (2) It appears to the director of the state lottery | 74032 |
| commission that, due to the experience, character, or general | 74033 |
| fitness of any director, officer, or controlling shareholder of | 74034 |
| the corporation, the granting of a license as a lottery sales | 74035 |
| agent would be inconsistent with the public interest, convenience, | 74036 |
| or trust; | 74037 |
| (3) The corporation is not the owner or lessee of the | 74038 |
| business at which it would conduct a lottery sales agency pursuant | 74039 |
| to the license applied for; | 74040 |
| (4) Any person, firm, association, or corporation other than | 74041 |
| the applicant or licensee shares or will share in the profits of | 74042 |
| the applicant or licensee, other than receiving dividends or | 74043 |
| distributions as a shareholder, or participates or will | 74044 |
| participate in the management of the affairs of the applicant or | 74045 |
| licensee. | 74046 |
| (E)(1) The director of the state lottery commission shall | 74047 |
| refuse to grant a license to an applicant for a lottery sales | 74048 |
| agent license and shall revoke a lottery sales agent license if | 74049 |
| the applicant or licensee is or has been convicted of a violation | 74050 |
| of division (A) or (C)(1) of section 2913.46 of the Revised Code. | 74051 |
| (2) The director shall refuse to grant a license to an | 74052 |
| applicant for a lottery sales agent license that is a corporation | 74053 |
| and shall revoke the lottery sales agent license of a corporation | 74054 |
| if the corporation is or has been convicted of a violation of | 74055 |
| division (A) or (C)(1) of section 2913.46 of the Revised Code. | 74056 |
| (F) The director of the state lottery commission shall | 74057 |
| request the bureau of criminal identification and investigation, | 74058 |
| the department of public safety, or any other state, local, or | 74059 |
| federal agency to supply the director with the criminal records of | 74060 |
| any applicant for a lottery sales agent license, and may | 74061 |
| periodically request the criminal records of any person to whom a | 74062 |
| lottery sales agent license has been issued. At or prior to the | 74063 |
| time of making such a request, the director shall require an | 74064 |
| applicant or licensee to obtain fingerprint impressions on | 74065 |
| fingerprint cards prescribed by the superintendent of the bureau | 74066 |
| of criminal identification and investigation at a qualified law | 74067 |
| enforcement agency, and the director shall cause those | 74068 |
| fingerprint cards to be forwarded to the bureau of criminal | 74069 |
| identification and investigation, to the federal bureau of | 74070 |
| investigation, or to both bureaus. The commission shall assume the | 74071 |
| cost of obtaining the fingerprint cards. | 74072 |
| The director shall pay to each agency supplying criminal | 74073 |
| records for each investigation a reasonable fee, as determined by | 74074 |
| the agency. | 74075 |
| The commission may adopt uniform rules specifying time | 74076 |
| periods after which the persons described in divisions (C)(1) to | 74077 |
| (5) and (D)(1) to (4) of this section may be issued a license and | 74078 |
| establishing requirements for those persons to seek a court order | 74079 |
| to have records sealed in accordance with law. | 74080 |
| (G)(1) Each applicant for a lottery sales agent license shall | 74081 |
| do both of the following: | 74082 |
| (a) Pay to the state lottery commission, at the time the | 74083 |
| application is submitted, a fee in an amount that the director of | 74084 |
| the state lottery commission determines by rule adopted under | 74085 |
| Chapter 119. of the Revised Code and that the controlling board | 74086 |
| approves; | 74087 |
| (b) Prior to approval of the application, obtain a surety | 74088 |
| bond in an amount the director determines by rule adopted under | 74089 |
| Chapter 119. of the Revised Code or, alternatively, with the | 74090 |
| director's approval, deposit the same amount into a dedicated | 74091 |
| account for the benefit of the state lottery. The director also | 74092 |
| may approve the obtaining of a surety bond to cover part of the | 74093 |
| amount required, together with a dedicated account deposit to | 74094 |
| cover the remainder of the amount required. | 74095 |
| A surety bond may be with any company that complies with the | 74096 |
| bonding and surety laws of this state and the requirements | 74097 |
| established by rules of the commission pursuant to this chapter. | 74098 |
| A dedicated account deposit shall be conducted in accordance with | 74099 |
| policies and procedures the director establishes. | 74100 |
| A surety bond, dedicated account, or both, as applicable, may | 74101 |
| be used to pay for the lottery sales agent's failure to make | 74102 |
| prompt and accurate payments for lottery ticket sales, for missing | 74103 |
| or stolen lottery tickets, or for damage to equipment or materials | 74104 |
| issued to the lottery sales agent, or to pay for expenses the | 74105 |
| commission incurs in connection with the lottery sales agent's | 74106 |
| license. | 74107 |
| (2) A lottery sales agent license is effective for one year. | 74108 |
| A licensed lottery sales agent, on or before the date | 74109 |
| established by the director, shall renew the agent's license and | 74110 |
| provide at that time evidence to the director that the surety | 74111 |
| bond, dedicated account deposit, or both, required under division | 74112 |
| (G)(1)(b) of this section has been renewed or is active, whichever | 74113 |
| applies. | 74114 |
| Before the commission renews a lottery sales agent license, | 74115 |
| the lottery sales agent shall submit a renewal fee to the | 74116 |
| commission in an amount that the director determines by rule | 74117 |
| adopted under Chapter 119. of the Revised Code and that the | 74118 |
| controlling board approves. The renewal fee shall not exceed the | 74119 |
| actual cost of administering the license renewal and processing | 74120 |
| changes reflected in the renewal application. The renewal of the | 74121 |
| license is effective for up to one year. | 74122 |
| (3) A lottery sales agent license shall be complete, | 74123 |
| accurate, and current at all times during the term of the license. | 74124 |
| Any changes to an original license application or a renewal | 74125 |
| application may subject the applicant or lottery sales agent, as | 74126 |
| applicable, to paying an administrative fee that shall be in an | 74127 |
| amount that the director determines by rule adopted under Chapter | 74128 |
| 119. of the Revised Code, that the controlling board approves, and | 74129 |
| that shall not exceed the actual cost of administering and | 74130 |
| processing the changes to an application. | 74131 |
| (4) The relationship between the commission and a lottery | 74132 |
| sales agent is one of trust. A lottery sales agent collects funds | 74133 |
| on behalf of the commission through the sale of lottery tickets | 74134 |
| for which the agent receives a compensation. | 74135 |
| (H) Pending a final resolution of any question arising under | 74136 |
| this section, the director of the state lottery commission may | 74137 |
| issue a temporary lottery sales agent license, subject to the | 74138 |
| terms and conditions the director considers appropriate. | 74139 |
| (I) If a lottery sales agent's rental payments for the | 74140 |
| lottery sales agent's premises are determined, in whole or in | 74141 |
| part, by the amount of retail sales the lottery sales agent makes, | 74142 |
| and if the rental agreement does not expressly provide that the | 74143 |
| amount of those retail sales includes the amounts the lottery | 74144 |
| sales agent receives from lottery ticket sales, only the amounts | 74145 |
| the lottery sales agent receives as compensation from the state | 74146 |
| lottery commission for selling lottery tickets shall be considered | 74147 |
| to be amounts the lottery sales agent receives from the retail | 74148 |
| sales the lottery sales agent makes, for the purpose of computing | 74149 |
| the lottery sales agent's rental payments. | 74150 |
| Sec. 3773.35. Any person who wishes to conduct a public or | 74151 |
|
private competition that involves
boxing | 74152 |
| 74153 | |
| tough guy contests, or any other form of boxing or martial arts | 74154 |
| shall apply to the Ohio athletic commission for a promoter's | 74155 |
| license. Each application shall be filed with the commission on | 74156 |
| forms provided by the commission, and shall be accompanied by an | 74157 |
| application fee as prescribed in section 3773.43 of the Revised | 74158 |
|
Code and, with the exception of wrestling
events, by a | 74159 |
| 74160 | |
|
than
| 74161 |
| with sections 3773.31 to 3773.57 of the Revised Code and the | 74162 |
|
rules
of the
commission. | 74163 |
| 74164 |
| The commission shall prescribe the form of the application | 74165 |
| for the promoter's license. The application shall include the name | 74166 |
| of the applicant, the post office address of the applicant, and | 74167 |
| any other information the commission requires. | 74168 |
| Sec. 3773.36. Upon the proper filing of an application to | 74169 |
|
conduct any public or private competition that involves boxing | 74170 |
| 74171 | |
| tough man contests, tough guy contests, or any other form of | 74172 |
|
boxing or martial arts,
accompanied by the | 74173 |
| 74174 | |
|
the application fee
| 74175 |
| 74176 | |
| public or private competition that involves wrestling accompanied | 74177 |
| by the application fee, the Ohio athletic commission shall issue a | 74178 |
| promoter's license to the applicant if it finds that the applicant | 74179 |
| is not in default on any payment, obligation, or debt payable to | 74180 |
| the state under sections 3773.31 to 3773.57 of the Revised Code, | 74181 |
| is financially responsible, and is knowledgeable in the proper | 74182 |
| conduct of such matches or exhibitions. | 74183 |
| Each license issued pursuant to this section shall bear the | 74184 |
| name of the licensee, the post office address of the licensee, the | 74185 |
|
date of | 74186 |
|
designated by the commission, and
the
seal of the commission | 74187 |
| 74188 |
| A promoter's license shall expire twelve months after its | 74189 |
| date of issuance and shall become invalid on that date unless | 74190 |
| renewed. A promoter's license may be renewed upon application to | 74191 |
| the commission and upon payment of the renewal fee prescribed in | 74192 |
| section 3773.43 of the Revised Code. The commission shall renew | 74193 |
| the license unless it denies the application for renewal for one | 74194 |
| or more reasons stated in section 3123.47 or 3773.53 of the | 74195 |
| Revised Code. | 74196 |
| Sec. 3773.43. The Ohio athletic commission shall charge the | 74197 |
| following fees: | 74198 |
| (A) For an application for or renewal of a promoter's license | 74199 |
|
for a public or private competition that involves
boxing | 74200 |
| 74201 | |
| contests, tough guy contests, or any other form of boxing or | 74202 |
| martial arts, one hundred dollars. | 74203 |
| (B) For an application for or renewal of a license to | 74204 |
| participate in a public boxing match or exhibition as a | 74205 |
| contestant, or as a referee, judge, matchmaker, manager, | 74206 |
| timekeeper, trainer, or second of a contestant, twenty dollars. | 74207 |
| (C) For a permit to conduct a public boxing match or | 74208 |
| exhibition, fifty dollars. | 74209 |
| (D) For an application for or renewal of a promoter's license | 74210 |
|
for
| 74211 |
|
wrestling | 74212 |
| (E) For a permit to conduct a professional wrestling match or | 74213 |
| exhibition, one hundred dollars. | 74214 |
| The commission, subject to the approval of the controlling | 74215 |
| board, may establish fees in excess of the amounts provided in | 74216 |
| this section, provided that such fees do not exceed the amounts | 74217 |
| permitted by this section by more than fifty per cent. | 74218 |
| The fees prescribed by this section shall be paid to the | 74219 |
| treasurer of state, who shall deposit the fees in the occupational | 74220 |
| licensing and regulatory fund. | 74221 |
| Sec. 3773.45. (A) | 74222 |
| 74223 | |
| 74224 | |
| 74225 | |
| 74226 | |
| 74227 | |
| 74228 | |
| 74229 | |
| 74230 | |
| 74231 | |
| 74232 | |
| 74233 | |
| 74234 | |
| 74235 | |
| 74236 | |
| 74237 | |
| 74238 | |
| 74239 | |
| 74240 | |
| 74241 | |
| 74242 | |
| 74243 |
| | 74244 |
| 74245 | |
| 74246 | |
| 74247 | |
| 74248 |
| | 74249 |
| 74250 | |
| 74251 | |
| 74252 | |
| 74253 | |
| 74254 | |
| 74255 | |
| 74256 | |
| The Ohio athletic commission shall adopt, and may amend or | 74257 |
| rescind, rules that do both of the following: | 74258 |
| (1) Require the physical examination by appropriate medical | 74259 |
| personnel of each contestant in any public competition that | 74260 |
| involves boxing, mixed martial arts, kick boxing, karate, tough | 74261 |
| man contests, or any other form of boxing or martial arts within a | 74262 |
| specified time period before and after the competition to | 74263 |
| determine whether the contestant is physically fit to compete in | 74264 |
| the competition under specified standards, has sustained physical | 74265 |
| injuries in the competition, or requires follow-up examination; | 74266 |
| and | 74267 |
| (2) Require the reporting of each examination to the | 74268 |
| commission. | 74269 |
| (B) No holder of a promoter's license shall conduct a boxing | 74270 |
| match or exhibition that exceeds twelve rounds. Each round shall | 74271 |
| be not more than three minutes in length. A period of at least one | 74272 |
| minute, during which no boxing or sparring takes place, shall | 74273 |
| occur between rounds. | 74274 |
| No holder of a promoter's license or a permit issued under | 74275 |
| section 3773.39 of the Revised Code shall allow a professional | 74276 |
| boxer to participate in more than twelve rounds of boxing within a | 74277 |
| period of seventy-two consecutive hours. For any match or | 74278 |
| exhibition or for a class of contestants, the commission may limit | 74279 |
| the number of rounds within the maximum of twelve rounds. | 74280 |
| (C) No person shall conduct a boxing match or exhibition | 74281 |
| unless a licensed referee appointed by the commission and paid by | 74282 |
| the person is present. The referee shall direct and control the | 74283 |
| match or exhibition. Before each match or exhibition the referee | 74284 |
| shall obtain from each contestant the name of the contestant's | 74285 |
| chief second and shall hold the chief second responsible for the | 74286 |
| conduct of any assistant seconds during the match or exhibition. | 74287 |
| The referee may declare a prize, remuneration, or purse or any | 74288 |
| part thereof to which a contestant is otherwise entitled withheld | 74289 |
| if, in the referee's judgment, the contestant is not competing or | 74290 |
| did not compete honestly. A contestant may appeal the referee's | 74291 |
| decision in a hearing before the commission conducted in | 74292 |
| accordance with section 3773.52 of the Revised Code. | 74293 |
| (D) No person shall hold or conduct a boxing match or | 74294 |
| exhibition unless three licensed judges appointed by the | 74295 |
| commission and paid by the person are present. Each judge shall | 74296 |
| render a decision at the end of each match or exhibition. The | 74297 |
| judges shall determine the outcome of the match or exhibition, and | 74298 |
| their decision shall be final. | 74299 |
| (E) Each contestant in a boxing match or exhibition shall | 74300 |
| wear gloves weighing not less than six ounces during the boxing | 74301 |
| match or exhibition. | 74302 |
| Sec. 3773.53. The Ohio athletic commission may revoke, | 74303 |
| suspend, or refuse to renew any license issued under sections | 74304 |
| 3773.31 to 3773.57 of the Revised Code if the licensee: | 74305 |
| (A) Has committed an act detrimental to any sport regulated | 74306 |
| by this chapter or to the public interest, convenience, or | 74307 |
| necessity; | 74308 |
| (B) Is associating or consorting with any person who has been | 74309 |
| convicted of a crime involving the sports regulated by the | 74310 |
| commission; | 74311 |
| (C) Is or has been consorting with bookmakers or gamblers, or | 74312 |
| has engaged in similar pursuits; | 74313 |
| (D) Is financially irresponsible; | 74314 |
| (E) Has been found guilty of any fraud or misrepresentation | 74315 |
| in connection with any sport regulated by this chapter; | 74316 |
| (F) Has violated any law with respect to any sport regulated | 74317 |
| by this chapter or any rule or order of the commission; | 74318 |
| (G) Has engaged in any other activity that the commission | 74319 |
| determines is detrimental to any sport regulated by this chapter. | 74320 |
| The commission, in addition to any other action it may take | 74321 |
|
under this
chapter, may impose a fine | 74322 |
| 74323 | |
| commission adopted under Chapter 119. of the Revised Code against | 74324 |
| any person licensed under sections 3773.31 to 3773.57 of the | 74325 |
| Revised Code for a violation of any of these sections or a | 74326 |
| violation of any rule or order of the commission. The amount of | 74327 |
| fines collected shall be deposited into the general revenue | 74328 |
| fund. | 74329 |
| Sec. 3781.03. (A) The state fire marshal, the fire chief of a | 74330 |
| municipal corporation that has a fire department, or the fire | 74331 |
| chief of a township that has a fire department shall enforce the | 74332 |
| provisions of this chapter and Chapter 3791. of the Revised Code | 74333 |
| that relate to fire prevention. | 74334 |
| (B) The superintendent of | 74335 |
| 74336 | |
| buildings in a municipal corporation, county, or township in which | 74337 |
| the building department is certified by the board of building | 74338 |
| standards under section 3781.10 of the Revised Code shall enforce | 74339 |
| in the jurisdiction of each entity all the provisions in this | 74340 |
| chapter and Chapter 3791. of the Revised Code and any rules | 74341 |
| adopted pursuant to those chapters that relate to the | 74342 |
| construction, arrangement, and erection of all buildings or parts | 74343 |
| of buildings, as defined in section 3781.06 of the Revised Code, | 74344 |
| including the sanitary condition of those buildings in relation to | 74345 |
| heating and ventilation. | 74346 |
| (C) The division of | 74347 |
| department of commerce, boards of health of health districts, | 74348 |
| certified departments of building inspection of municipal | 74349 |
| corporations, and county building departments that have authority | 74350 |
| to perform inspections pursuant to a contract under division | 74351 |
| (C)(1) of section 3703.01 of the Revised Code, subject to | 74352 |
| Chapter 3703. of the Revised Code, shall enforce this chapter | 74353 |
| and Chapter 3791. of the Revised Code and the rules adopted | 74354 |
| pursuant to those chapters that relate to plumbing. Building | 74355 |
| drains are considered plumbing for the purposes of enforcement | 74356 |
| of those chapters. | 74357 |
| (D)(1) In accordance with Chapter 3703. of the Revised Code, | 74358 |
| the department of the city engineer, in cities having such | 74359 |
| departments, the boards of health of health districts, or the | 74360 |
| sewer purveyor, as appropriate, shall have complete authority to | 74361 |
| supervise and regulate the entire sewerage and drainage system in | 74362 |
| the jurisdiction in which it is exercising the authority described | 74363 |
| in this division, including the building sewer and all laterals | 74364 |
| draining into the street sewers. | 74365 |
| (2) In accordance with Chapter 3703. of the Revised Code, the | 74366 |
| department of the city engineer, the boards of health of health | 74367 |
| districts, or the sewer purveyor, as appropriate, shall control | 74368 |
| and supervise the installation and construction of all drains and | 74369 |
| sewers that become a part of the sewerage system and shall issue | 74370 |
| all the necessary permits and licenses for the construction and | 74371 |
| installation of all building sewers and of all other lateral | 74372 |
| drains that empty into the main sewers. The department of the city | 74373 |
| engineer, the boards of health of health districts, and the sewer | 74374 |
| purveyor, as appropriate, shall keep a permanent record of the | 74375 |
| installation and location of every drain and sewer of the drainage | 74376 |
| and sewerage system of the jurisdiction in which it has exercised | 74377 |
| the authority described in this division. | 74378 |
| (E) This section does not exempt any officer or department | 74379 |
| from the obligation to enforce this chapter and Chapter 3791. of | 74380 |
| the Revised Code. | 74381 |
| Sec. 3781.10. (A)(1) The board of building standards shall | 74382 |
| formulate and adopt rules governing the erection, construction, | 74383 |
| repair, alteration, and maintenance of all buildings or classes of | 74384 |
| buildings specified in section 3781.06 of the Revised Code, | 74385 |
| including land area incidental to those buildings, the | 74386 |
| construction of industrialized units, the installation of | 74387 |
| equipment, and the standards or requirements for materials used | 74388 |
| in connection with those buildings. The board shall incorporate | 74389 |
| those rules into separate residential and nonresidential building | 74390 |
| codes. The standards shall relate to the conservation of energy | 74391 |
| and the safety and sanitation of those buildings. | 74392 |
| (2) The rules governing nonresidential buildings are the | 74393 |
| lawful minimum requirements specified for those buildings and | 74394 |
| industrialized units, except that no rule other than as provided | 74395 |
| in division (C) of section 3781.108 of the Revised Code that | 74396 |
| specifies a higher requirement than is imposed by any section of | 74397 |
| the Revised Code is enforceable. The rules governing residential | 74398 |
| buildings are uniform requirements for residential buildings in | 74399 |
| any area with a building department certified to enforce the state | 74400 |
| residential building code. In no case shall any local code or | 74401 |
| regulation differ from the state residential building code unless | 74402 |
| that code or regulation addresses subject matter not addressed by | 74403 |
| the state residential building code or is adopted pursuant to | 74404 |
| section 3781.01 of the Revised Code. | 74405 |
| (3) The rules adopted pursuant to this section are complete, | 74406 |
| lawful alternatives to any requirements specified for buildings | 74407 |
| or industrialized units in any section of the Revised Code. The | 74408 |
| board shall, on its own motion or on application made under | 74409 |
| sections 3781.12 and 3781.13 of the Revised Code, formulate, | 74410 |
| propose, adopt, modify, amend, or repeal the rules to the extent | 74411 |
| necessary or desirable to effectuate the purposes of sections | 74412 |
| 3781.06 to 3781.18 of the Revised Code. | 74413 |
| (B) The board shall report to the general assembly proposals | 74414 |
| for amendments to existing statutes relating to the purposes | 74415 |
| declared in section 3781.06 of the Revised Code that public | 74416 |
| health and safety and the development of the arts require and | 74417 |
| shall recommend any additional legislation to assist in carrying | 74418 |
| out fully, in statutory form, the purposes declared in that | 74419 |
| section. The board shall prepare and submit to the general | 74420 |
| assembly a summary report of the number, nature, and disposition | 74421 |
| of the petitions filed under sections 3781.13 and 3781.14 of the | 74422 |
| Revised Code. | 74423 |
| (C) On its own motion or on application made under sections | 74424 |
| 3781.12 and 3781.13 of the Revised Code, and after thorough | 74425 |
| testing and evaluation, the board shall determine by rule that any | 74426 |
| particular fixture, device, material, process of manufacture, | 74427 |
| manufactured unit or component, method of manufacture, system, or | 74428 |
| method of construction complies with performance standards adopted | 74429 |
| pursuant to section 3781.11 of the Revised Code. The board shall | 74430 |
| make its determination with regard to adaptability for safe and | 74431 |
| sanitary erection, use, or construction, to that described in any | 74432 |
| section of the Revised Code, wherever the use of a fixture, | 74433 |
| device, material, method of manufacture, system, or method of | 74434 |
| construction described in that section of the Revised Code is | 74435 |
| permitted by law. The board shall amend or annul any rule or issue | 74436 |
| an authorization for the use of a new material or manufactured | 74437 |
| unit on any like application. No department, officer, board, or | 74438 |
| commission of the state other than the board of building standards | 74439 |
| or the board of building appeals shall permit the use of any | 74440 |
| fixture, device, material, method of manufacture, newly designed | 74441 |
| product, system, or method of construction at variance with what | 74442 |
| is described in any rule the board of building standards adopts or | 74443 |
| issues or that is authorized by any section of the Revised Code. | 74444 |
| Nothing in this section shall be construed as requiring approval, | 74445 |
| by rule, of plans for an industrialized unit that conforms with | 74446 |
| the rules the board of building standards adopts pursuant to | 74447 |
| section 3781.11 of the Revised Code. | 74448 |
| (D) The board shall recommend rules, codes, and standards to | 74449 |
| help carry out the purposes of section 3781.06 of the Revised Code | 74450 |
| and to help secure uniformity of state administrative rulings and | 74451 |
| local legislation and administrative action to the bureau of | 74452 |
| workers' compensation, the director of commerce, any other | 74453 |
| department, officer, board, or commission of the state, and to | 74454 |
| legislative authorities and building departments of counties, | 74455 |
| townships, and municipal corporations, and shall recommend that | 74456 |
| they audit those recommended rules, codes, and standards by any | 74457 |
| appropriate action that they are allowed pursuant to law or the | 74458 |
| constitution. | 74459 |
| (E)(1) The board shall certify municipal, township, and | 74460 |
| county building departments and the personnel of those building | 74461 |
| departments, and persons and employees of individuals, firms, or | 74462 |
| corporations as described in division (E)(7) of this section to | 74463 |
| exercise enforcement authority, to accept and approve plans and | 74464 |
| specifications, and to make inspections, pursuant to sections | 74465 |
| 3781.03, 3791.04, and 4104.43 of the Revised Code. | 74466 |
| (2) The board shall certify departments, personnel, and | 74467 |
| persons to enforce the state residential building code, to enforce | 74468 |
| the nonresidential building code, or to enforce both the | 74469 |
| residential and the nonresidential building codes. Any department, | 74470 |
| personnel, or person may enforce only the type of building code | 74471 |
| for which certified. | 74472 |
| (3) The board shall not require a building department, its | 74473 |
| personnel, or any persons that it employs to be certified for | 74474 |
| residential building code enforcement if that building department | 74475 |
| does not enforce the state residential building code. The board | 74476 |
| shall specify, in rules adopted pursuant to Chapter 119. of the | 74477 |
| Revised Code, the requirements for certification for residential | 74478 |
| and nonresidential building code enforcement, which shall be | 74479 |
| consistent with this division. The requirements for residential | 74480 |
| and nonresidential certification may differ. Except as otherwise | 74481 |
| provided in this division, the requirements shall include, but are | 74482 |
| not limited to, the satisfactory completion of an initial | 74483 |
| examination and, to remain certified, the completion of a | 74484 |
| specified number of hours of continuing building code education | 74485 |
| within each three-year period following the date of certification | 74486 |
| which shall be not less than thirty hours. The rules shall provide | 74487 |
| that continuing education credits and certification issued by the | 74488 |
| council of American building officials, national model code | 74489 |
| organizations, and agencies or entities the board recognizes are | 74490 |
| acceptable for purposes of this division. The rules shall specify | 74491 |
| requirements that are compatible, to the extent possible, with | 74492 |
| requirements the council of American building officials and | 74493 |
| national model code organizations establish. | 74494 |
| (4) The board shall establish and collect a certification and | 74495 |
| renewal fee for building department personnel, and persons and | 74496 |
| employees of persons, firms, or corporations as described in this | 74497 |
| section, who are certified pursuant to this division. | 74498 |
| (5) Any individual certified pursuant to this division shall | 74499 |
| complete the number of hours of continuing building code education | 74500 |
| that the board requires or, for failure to do so, forfeit | 74501 |
| certification. | 74502 |
| (6) This division does not require or authorize the board to | 74503 |
| certify personnel of municipal, township, and county building | 74504 |
| departments, and persons and employees of persons, firms, or | 74505 |
| corporations as described in this section, whose responsibilities | 74506 |
| do not include the exercise of enforcement authority, the approval | 74507 |
| of plans and specifications, or making inspections under the state | 74508 |
| residential and nonresidential building codes. | 74509 |
| (7) Enforcement authority for approval of plans and | 74510 |
| specifications and enforcement authority for inspections may be | 74511 |
| exercised, and plans and specifications may be approved and | 74512 |
| inspections may be made on behalf of a municipal corporation, | 74513 |
| township, or county, by any of the following who the board of | 74514 |
| building standards certifies: | 74515 |
| (a) Officers or employees of the municipal corporation, | 74516 |
| township, or county; | 74517 |
| (b) Persons, or employees of persons, firms, or corporations, | 74518 |
| pursuant to a contract to furnish architectural, engineering, or | 74519 |
| other services to the municipal corporation, township, or county; | 74520 |
| (c) Officers or employees of, and persons under contract | 74521 |
| with, a municipal corporation, township, county, health district, | 74522 |
| or other political subdivision, pursuant to a contract to furnish | 74523 |
| architectural, engineering, or other services. | 74524 |
| (8) Municipal, township, and county building departments have | 74525 |
| jurisdiction within the meaning of sections 3781.03, 3791.04, and | 74526 |
| 4104.43 of the Revised Code, only with respect to the types of | 74527 |
| buildings and subject matters for which they are certified under | 74528 |
| this section. | 74529 |
| (9) Certification shall be granted upon application by the | 74530 |
| municipal corporation, the board of township trustees, or the | 74531 |
| board of county commissioners and approval of that application by | 74532 |
| the board of building standards. The application shall set forth: | 74533 |
| (a) Whether the certification is requested for residential or | 74534 |
| nonresidential buildings, or both; | 74535 |
| (b) The number and qualifications of the staff composing the | 74536 |
| building department; | 74537 |
| (c) The names, addresses, and qualifications of persons, | 74538 |
| firms, or corporations contracting to furnish work or services | 74539 |
| pursuant to division (E)(7)(b) of this section; | 74540 |
| (d) The names of any other municipal corporation, township, | 74541 |
| county, health district, or political subdivision under contract | 74542 |
| to furnish work or services pursuant to division (E)(7) of this | 74543 |
| section; | 74544 |
| (e) The proposed budget for the operation of the building | 74545 |
| department. | 74546 |
| (10) The board of building standards shall adopt rules | 74547 |
| governing all of the following: | 74548 |
| (a) The certification of building department personnel and | 74549 |
| persons and employees of persons, firms, or corporations | 74550 |
| exercising authority pursuant to division (E)(7) of this section. | 74551 |
| The rules shall disqualify any employee of the department or | 74552 |
| person who contracts for services with the department from | 74553 |
| performing services for the department when that employee or | 74554 |
| person would have to pass upon, inspect, or otherwise exercise | 74555 |
| authority over any labor, material, or equipment the employee or | 74556 |
| person furnishes for the construction, alteration, or maintenance | 74557 |
| of a building or the preparation of working drawings or | 74558 |
| specifications for work within the jurisdictional area of the | 74559 |
| department. The department shall provide other similarly qualified | 74560 |
| personnel to enforce the residential and nonresidential building | 74561 |
| codes as they pertain to that work. | 74562 |
| (b) The minimum services to be provided by a certified | 74563 |
| building department. | 74564 |
| (11) The board of building standards may revoke or suspend | 74565 |
| certification to enforce the residential and nonresidential | 74566 |
| building codes, on petition to the board by any person affected by | 74567 |
| that enforcement or approval of plans, or by the board on its own | 74568 |
| motion. Hearings shall be held and appeals permitted on any | 74569 |
| proceedings for certification or revocation or suspension of | 74570 |
| certification in the same manner as provided in section 3781.101 | 74571 |
| of the Revised Code for other proceedings of the board of building | 74572 |
| standards. | 74573 |
| (12) Upon certification, and until that authority is revoked, | 74574 |
| any county or township building department shall enforce the | 74575 |
| residential and nonresidential building codes for which it is | 74576 |
| certified without regard to limitation upon the authority of | 74577 |
| boards of county commissioners under Chapter 307. of the Revised | 74578 |
| Code or boards of township trustees under Chapter 505. of the | 74579 |
| Revised Code. | 74580 |
| (F) In addition to hearings sections 3781.06 to 3781.18 and | 74581 |
| 3791.04 of the Revised Code require, the board of building | 74582 |
| standards shall make investigations and tests, and require from | 74583 |
| other state departments, officers, boards, and commissions | 74584 |
| information the board considers necessary or desirable to assist | 74585 |
| it in the discharge of any duty or the exercise of any power | 74586 |
| mentioned in this section or in sections 3781.06 to 3781.18, | 74587 |
| 3791.04, and 4104.43 of the Revised Code. | 74588 |
| (G) The board shall adopt rules and establish reasonable fees | 74589 |
| for the review of all applications submitted where the applicant | 74590 |
| applies for authority to use a new material, assembly, or product | 74591 |
| of a manufacturing process. The fee shall bear some reasonable | 74592 |
| relationship to the cost of the review or testing of the | 74593 |
| materials, assembly, or products and for the notification of | 74594 |
| approval or disapproval as provided in section 3781.12 of the | 74595 |
| Revised Code. | 74596 |
| (H) The residential construction advisory committee shall | 74597 |
| provide the board with a proposal for a state residential building | 74598 |
|
code that
the committee recommends pursuant to division | 74599 |
| of section 4740.14 of the Revised Code. Upon receiving a | 74600 |
| recommendation from the committee that is acceptable to the board, | 74601 |
| the board shall adopt rules establishing that code as the state | 74602 |
| residential building code. | 74603 |
| (I) The committee shall provide the board with proposed | 74604 |
| rules to update or amend the state residential building code or | 74605 |
| to update or amend rules that the board adopts pursuant to | 74606 |
| division (E) of this section that relate to the certification of | 74607 |
| entities that enforce the state residential building code that | 74608 |
| the committee recommends pursuant to division (D)(2) of section | 74609 |
| 4740.14 of the Revised Code. | 74610 |
| (J) The board shall cooperate with the director of job and | 74611 |
| family services when the director promulgates rules pursuant to | 74612 |
| section 5104.05 of the Revised Code regarding safety and | 74613 |
| sanitation in type A family day-care homes. | 74614 |
| | 74615 |
| requirements of section 3781.108 of the Revised Code. | 74616 |
| Sec. 3781.102. (A) Any county or municipal building | 74617 |
| department certified pursuant to division (E) of section 3781.10 | 74618 |
| of the Revised Code as of September 14, 1970, and that, as of | 74619 |
| that date, was inspecting single-family, two-family, and | 74620 |
| three-family residences, and any township building department | 74621 |
| certified pursuant to division (E) of section 3781.10 of the | 74622 |
| Revised Code, is hereby declared to be certified to inspect | 74623 |
| single-family, two-family, and three-family residences containing | 74624 |
| industrialized units, and shall inspect the buildings or classes | 74625 |
| of buildings subject to division (E) of section 3781.10 of the | 74626 |
| Revised Code. | 74627 |
| (B) Each board of county commissioners may adopt, by | 74628 |
| resolution, rules establishing standards and providing for the | 74629 |
| licensing of electrical and heating, ventilating, and air | 74630 |
| conditioning contractors who are not required to hold a valid and | 74631 |
| unexpired license pursuant to Chapter 4740. of the Revised Code. | 74632 |
| Rules adopted by a board of county commissioners pursuant to | 74633 |
| this division may be enforced within the unincorporated areas of | 74634 |
| the county and within any municipal corporation where the | 74635 |
| legislative authority of the municipal corporation has contracted | 74636 |
| with the board for the enforcement of the county rules within the | 74637 |
| municipal corporation pursuant to section 307.15 of the Revised | 74638 |
| Code. The rules shall not conflict with rules adopted by the board | 74639 |
| of building standards pursuant to section 3781.10 of the Revised | 74640 |
| Code or by the department of commerce pursuant to Chapter 3703. of | 74641 |
| the Revised Code. This division does not impair or restrict the | 74642 |
| power of municipal corporations under Section 3 of Article XVIII, | 74643 |
| Ohio Constitution, to adopt rules concerning the erection, | 74644 |
| construction, repair, alteration, and maintenance of buildings and | 74645 |
| structures or of establishing standards and providing for the | 74646 |
| licensing of specialty contractors pursuant to section 715.27 of | 74647 |
| the Revised Code. | 74648 |
| A board of county commissioners, pursuant to this division, | 74649 |
| may require all electrical contractors and heating, ventilating, | 74650 |
| and air conditioning contractors, other than those who hold a | 74651 |
| valid and unexpired license issued pursuant to Chapter 4740. of | 74652 |
| the Revised Code, to successfully complete an examination, test, | 74653 |
| or demonstration of technical skills, and may impose a fee and | 74654 |
| additional requirements for a license to engage in their | 74655 |
| respective occupations within the jurisdiction of the board's | 74656 |
| rules under this division. | 74657 |
| (C) No board of county commissioners shall require any | 74658 |
| specialty contractor who holds a valid and unexpired license | 74659 |
| issued pursuant to Chapter 4740. of the Revised Code to | 74660 |
| successfully complete an examination, test, or demonstration of | 74661 |
| technical skills in order to engage in the type of contracting | 74662 |
| for which the license is held, within the unincorporated areas of | 74663 |
| the county and within any municipal corporation whose legislative | 74664 |
| authority has contracted with the board for the enforcement of | 74665 |
| county regulations within the municipal corporation, pursuant to | 74666 |
| section 307.15 of the Revised Code. | 74667 |
| (D) A board may impose a fee for registration of a specialty | 74668 |
| contractor who holds a valid and unexpired license issued pursuant | 74669 |
| to Chapter 4740. of the Revised Code before that specialty | 74670 |
| contractor may engage in the type of contracting for which the | 74671 |
| license is held within the unincorporated areas of the county and | 74672 |
| within any municipal corporation whose legislative authority has | 74673 |
| contracted with the board for the enforcement of county | 74674 |
| regulations within the municipal corporation, pursuant to section | 74675 |
| 307.15 of the Revised Code, provided that the fee is the same for | 74676 |
| all specialty contractors who wish to engage in that type of | 74677 |
| contracting. If a board imposes such a fee, the board immediately | 74678 |
| shall permit a specialty contractor who presents proof of holding | 74679 |
| a valid and unexpired license and pays the required fee to engage | 74680 |
| in the type of contracting for which the license is held within | 74681 |
| the unincorporated areas of the county and within any municipal | 74682 |
| corporation whose legislative authority has contracted with the | 74683 |
| board for the enforcement of county regulations within the | 74684 |
| municipal corporation, pursuant to section 307.15 of the Revised | 74685 |
| Code. | 74686 |
| (E) The political subdivision associated with each municipal, | 74687 |
| township, and county building department the board of building | 74688 |
| standards certifies pursuant to division (E) of section 3781.10 of | 74689 |
| the Revised Code may prescribe fees to be paid by persons, | 74690 |
| political subdivisions, or any department, agency, board, | 74691 |
| commission, or institution of the state, for the acceptance and | 74692 |
| approval of plans and specifications, and for the making of | 74693 |
| inspections, pursuant to sections 3781.03 and 3791.04 of the | 74694 |
| Revised Code. | 74695 |
| (F) Each political subdivision that prescribes fees pursuant | 74696 |
| to division (E) of this section shall collect, on behalf of the | 74697 |
| board of building standards, fees equal to the following: | 74698 |
| (1) Three per cent of the fees the political subdivision | 74699 |
| collects in connection with nonresidential buildings; | 74700 |
| (2) One per cent of the fees the political subdivision | 74701 |
| collects in connection with residential buildings. | 74702 |
| (G)(1) The board shall adopt rules, in accordance with | 74703 |
| Chapter 119. of the Revised Code, specifying the manner in which | 74704 |
| the fee assessed pursuant to division (F) of this section shall be | 74705 |
| collected and remitted monthly to the board. The board shall pay | 74706 |
|
the fees into the state treasury to the credit of
the | 74707 |
| 74708 | |
| Revised Code. | 74709 |
| (2) All money credited to the | 74710 |
| operating fund under this division shall be used exclusively for | 74711 |
| the following: | 74712 |
| (a) Operating costs of the board; | 74713 |
| (b) Providing services, including educational programs, for | 74714 |
| the building departments that are certified by the board pursuant | 74715 |
| to division (E) of section 3781.10 of the Revised Code; | 74716 |
| (c) Paying the expenses of the residential construction | 74717 |
| advisory committee, including the expenses of committee members as | 74718 |
| provided in section 4740.14 of the Revised Code. | 74719 |
| (H) A board of county commissioners that adopts rules | 74720 |
| providing for the licensing of electrical and heating, | 74721 |
| ventilating, and air conditioning contractors, pursuant to | 74722 |
| division (B) of this section, may accept, for purposes of | 74723 |
| satisfying the requirements of rules adopted under that division, | 74724 |
| a valid and unexpired license issued pursuant to Chapter 4740. of | 74725 |
| the Revised Code that is held by an electrical or heating, | 74726 |
| ventilating, and air conditioning contractor, for the | 74727 |
| construction, replacement, maintenance, or repair of one-family, | 74728 |
| two-family, or three-family dwelling houses or accessory | 74729 |
| structures incidental to those dwelling houses. | 74730 |
| (I) A board of county commissioners shall not register a | 74731 |
| specialty contractor who is required to hold a license under | 74732 |
| Chapter 4740. of the Revised Code but does not hold a valid | 74733 |
| license issued under that chapter. | 74734 |
| (J) As used in this section, "specialty contractor" means a | 74735 |
| heating, ventilating, and air conditioning contractor, | 74736 |
| refrigeration contractor, electrical contractor, plumbing | 74737 |
| contractor, or hydronics contractor, as those contractors are | 74738 |
| described in Chapter 4740. of the Revised Code. | 74739 |
| Sec. 3781.11. (A) The rules of the board of building | 74740 |
| standards shall: | 74741 |
| (1) For nonresidential buildings, provide uniform minimum | 74742 |
| standards and requirements, and for residential buildings, provide | 74743 |
| standards and requirements that are uniform throughout the state, | 74744 |
| for construction and construction materials, including | 74745 |
| construction of industrialized units, to make residential and | 74746 |
| nonresidential buildings safe and sanitary as defined in section | 74747 |
| 3781.06 of the Revised Code; | 74748 |
| (2) Formulate such standards and requirements, so far as may | 74749 |
| be practicable, in terms of performance objectives, so as to make | 74750 |
| adequate performance for the use intended the test of | 74751 |
| acceptability; | 74752 |
| (3) Permit, to the fullest extent feasible, the use of | 74753 |
| materials and technical methods, devices, and improvements, | 74754 |
| including the use of industrialized units which tend to reduce the | 74755 |
| cost of construction and erection without affecting minimum | 74756 |
| requirements for the health, safety, and security of the occupants | 74757 |
| or users of buildings or industrialized units and without | 74758 |
| preferential treatment of types or classes of materials or | 74759 |
| products or methods of construction; | 74760 |
| (4) Encourage, so far as may be practicable, the | 74761 |
| standardization of construction practices, methods, equipment, | 74762 |
| material, and techniques, including methods employed to produce | 74763 |
| industrialized units; | 74764 |
| (5) Not require any alteration or repair of any part of a | 74765 |
| school building owned by a chartered nonpublic school or a city, | 74766 |
| local, exempted village, or joint vocational school district and | 74767 |
| operated in conjunction with any primary or secondary school | 74768 |
| program that is not being altered or repaired if all of the | 74769 |
| following apply: | 74770 |
| (a) The school building meets all of the applicable building | 74771 |
| code requirements in existence at the time of the construction of | 74772 |
| the building. | 74773 |
| (b) The school building otherwise satisfies the requirements | 74774 |
| of section 3781.06 of the Revised Code. | 74775 |
| (c) The part of the school building altered or repaired | 74776 |
| conforms to all rules of the board existing on the date of the | 74777 |
| repair or alteration. | 74778 |
| (6) Not require any alteration or repair to any part of a | 74779 |
| workshop or factory that is not otherwise being altered, repaired, | 74780 |
| or added to if all of the following apply: | 74781 |
| (a) The workshop or factory otherwise satisfies the | 74782 |
| requirements of section 3781.06 of the Revised Code. | 74783 |
| (b) The part of the workshop or factory altered, repaired, or | 74784 |
| added conforms to all rules of the board existing on the date of | 74785 |
| plan approval of the repair, alteration, or addition. | 74786 |
| (B) The rules of the board shall supersede and govern any | 74787 |
|
order, standard, or rule of the division of | 74788 |
| labor in the department of commerce, division of the state fire | 74789 |
| marshal, the department of health, and of counties and townships, | 74790 |
| in all cases where such orders, standards, or rules are in | 74791 |
| conflict with the rules of the board, except that rules adopted | 74792 |
| and orders issued by the state fire marshal pursuant to Chapter | 74793 |
| 3743. of the Revised Code prevail in the event of a conflict. | 74794 |
| (C) The construction, alteration, erection, and repair of | 74795 |
| buildings including industrialized units, and the materials and | 74796 |
| devices of any kind used in connection with them and the heating | 74797 |
| and ventilating of them and the plumbing and electric wiring in | 74798 |
| them shall conform to the statutes of this state or the rules | 74799 |
| adopted and promulgated by the board, and to provisions of local | 74800 |
| ordinances not inconsistent therewith. Any building, structure, or | 74801 |
| part thereof, constructed, erected, altered, manufactured, or | 74802 |
| repaired not in accordance with the statutes of this state or with | 74803 |
| the rules of the board, and any building, structure, or part | 74804 |
| thereof in which there is installed, altered, or repaired any | 74805 |
| fixture, device, and material, or plumbing, heating, or | 74806 |
| ventilating system, or electric wiring not in accordance with such | 74807 |
| statutes or rules is a public nuisance. | 74808 |
| (D) As used in this section: | 74809 |
| (1) "Nonpublic school" means a chartered school for which | 74810 |
| minimum standards are prescribed by the state board of education | 74811 |
| pursuant to division (D) of section 3301.07 of the Revised Code. | 74812 |
| (2) "Workshop or factory" includes manufacturing, mechanical, | 74813 |
| electrical, mercantile, art, and laundering establishments, | 74814 |
| printing, telegraph, and telephone offices, railroad depots, and | 74815 |
| memorial buildings, but does not include hotels and tenement and | 74816 |
| apartment houses. | 74817 |
| Sec. 3781.12. (A)(1) Any person may petition the board of | 74818 |
| building standards to adopt, amend, or annul a rule adopted | 74819 |
| pursuant to section 3781.10 of the Revised Code, or to permit the | 74820 |
| use of any particular fixture, device, material, system, method | 74821 |
| of manufacture, product of a manufacturing process, or method or | 74822 |
| manner of construction or installation that complies with | 74823 |
| performance standards adopted pursuant to section 3781.11 of the | 74824 |
| Revised Code, as regards the purposes declared in section 3781.06 | 74825 |
| of the Revised Code, of the fixtures, devices, materials, systems, | 74826 |
| or methods or manners of construction, manufacture or installation | 74827 |
| described in any section of the Revised Code relating to those | 74828 |
| purposes, where the use is permitted by law. | 74829 |
| (2) Any person may petition the residential construction | 74830 |
| advisory committee to recommend a rule to update or amend the | 74831 |
| state residential building code or to update or amend rules that | 74832 |
| the board adopts pursuant to division (E) of section 3781.10 of | 74833 |
| the Revised Code that relate to the certification of entities that | 74834 |
| enforce the state residential building code. | 74835 |
| (B) Upon petition, the board shall cause to be conducted | 74836 |
| testing and evaluation that the board determines desirable of | 74837 |
| any fixture, device, material, system, assembly or product of a | 74838 |
| manufacturing process, or method or manner of construction or | 74839 |
| installation sought to be used under the rules the board adopts | 74840 |
| pursuant to section 3781.10 of the Revised Code. | 74841 |
| (C) If the board, after hearing, determines it advisable to | 74842 |
| adopt the rule, amendment, or annulment, or to permit the use of | 74843 |
| the materials or assemblages petitioned for, it shall give at | 74844 |
| least thirty days' notice of the time and place of a public | 74845 |
| hearing as provided by section 119.03 of the Revised Code. No | 74846 |
| rule shall be adopted, amended, or annulled or the use of | 74847 |
| materials or assemblages authorized until after the public | 74848 |
| hearing. A copy of every rule, amendment, or annulment, and a | 74849 |
| copy of every approved material or assembly authorization signed | 74850 |
| by the chairperson of the board of building standards and sealed | 74851 |
| with the seal of the department of commerce shall, after final | 74852 |
| adoption or authorization by the board, be filed with the | 74853 |
| secretary of state and published as the board determines. The | 74854 |
| issuance of the authorization for the use of the materials or | 74855 |
| assemblages described in the petition constitutes approval for | 74856 |
| their use anywhere in this state. Any rule, amendment, or | 74857 |
| annulment does not take effect until a date the board fixes and | 74858 |
| states. No rule, amendment, or annulment applies to any building | 74859 |
| for which the plans or drawings, specifications, and data were | 74860 |
| approved prior to the time the rule, amendment, or annulment | 74861 |
| becomes effective. All hearings of the board are open to the | 74862 |
| public. Each member of the board may administer oaths in the | 74863 |
| performance of the member's duties. | 74864 |
| Sec. 3781.19. There is hereby established in the department | 74865 |
| of commerce a board of building appeals consisting of five members | 74866 |
| who shall be appointed by the governor with the advice and consent | 74867 |
| of the senate. Terms of office shall be for four years, commencing | 74868 |
| on the fourteenth day of October and ending on the thirteenth day | 74869 |
| of October. Each member shall hold office from the date of | 74870 |
| appointment until the end of the term for which the member was | 74871 |
| appointed. Any member appointed to fill a vacancy occurring prior | 74872 |
| to the expiration of the term for which the member's predecessor | 74873 |
| was appointed shall hold office for the remainder of such term. | 74874 |
| Any member shall continue in office subsequent to the expiration | 74875 |
| date of the member's term until a successor takes office, or until | 74876 |
| a period of sixty days has elapsed, whichever occurs first. One | 74877 |
| member shall be an attorney-at-law, admitted to the bar of this | 74878 |
| state and of the remaining members, one shall be a registered | 74879 |
| architect and one shall be a professional engineer, each of whom | 74880 |
| shall be duly licensed to practice their respective professions in | 74881 |
| this state, one shall be a fire prevention officer qualified under | 74882 |
| section 3737.66 of the Revised Code, and one shall be a person | 74883 |
| with recognized ability in the plumbing or pipefitting profession. | 74884 |
| No member of the board of building standards shall be a member of | 74885 |
| the board of building appeals. Each member shall be paid an amount | 74886 |
| fixed pursuant to Chapter 124. of the Revised Code per diem. The | 74887 |
| department shall provide and assign to the board such employees as | 74888 |
| are required by the board to perform its functions. The board may | 74889 |
| adopt its own rules of procedure not inconsistent with sections | 74890 |
| 3781.06 to 3781.18 and 3791.04 of the Revised Code, and may change | 74891 |
| them in its discretion. The board may establish reasonable fees, | 74892 |
| based on actual costs for administration of filing and processing, | 74893 |
| not to exceed two hundred dollars, for the costs of filing and | 74894 |
| processing appeals. A full and complete record of all proceedings | 74895 |
| of the board shall be kept and be open to public inspection. | 74896 |
| In the enforcement by any department of the state or any | 74897 |
| political subdivision of this chapter and Chapter 3791., and | 74898 |
| sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.43, 4104.44, | 74899 |
| 4104.45, 4105.011, and 4105.11 of the Revised Code and any rule | 74900 |
| made thereunder, such department is the agency referred to in | 74901 |
| sections 119.07, 119.08, and 119.10 of the Revised Code. | 74902 |
| The appropriate municipal or county board of appeals, where | 74903 |
| one exists, certified pursuant to section 3781.20 of the Revised | 74904 |
| Code shall conduct the adjudication hearing referred to in | 74905 |
| sections 119.09 to 119.13 and required by section 3781.031 of the | 74906 |
| Revised Code. If there is no certified municipal or county board | 74907 |
| of appeals, the board of building appeals shall conduct the | 74908 |
| adjudication hearing. If the adjudication hearing concerns section | 74909 |
| 3781.111 of the Revised Code or any rule made thereunder, | 74910 |
| reasonable notice of the time, date, place, and subject of the | 74911 |
| hearing shall be given to any local corporation, association, or | 74912 |
| other organization composed of or representing handicapped | 74913 |
| persons, as defined in section 3781.111 of the Revised Code, or if | 74914 |
| there is no local organization, then to any statewide corporation, | 74915 |
| association, or other organization composed of or representing | 74916 |
| handicapped persons. | 74917 |
| In addition to the provisions of Chapter 119. of the Revised | 74918 |
| Code, the municipal, county, or state board of building appeals, | 74919 |
| as the agency conducting the adjudication hearing, may reverse or | 74920 |
| modify the order of the enforcing agency if it finds that the | 74921 |
| order is contrary to this chapter and Chapters 3791. and 4104., | 74922 |
| and sections 3737.41, 3737.42, 4105.011, and 4105.11 of the | 74923 |
| Revised Code and any rule made thereunder or to a fair | 74924 |
| interpretation or application of such laws or any rule made | 74925 |
| thereunder, or that a variance from the provisions of such laws or | 74926 |
| any rule made thereunder, in the specific case, will not be | 74927 |
| contrary to the public interest where a literal enforcement of | 74928 |
| such provisions will result in unnecessary hardship. | 74929 |
| The state board of building appeals or a certified municipal | 74930 |
| or county board of appeals shall render its decision within thirty | 74931 |
| days after the date of the adjudication hearing. Following the | 74932 |
| adjudication hearing, any municipal or county officer, official | 74933 |
| municipal or county board, or person who was a party to the | 74934 |
| hearing before the municipal or county board of appeals may apply | 74935 |
| to the state board of appeals for a de novo hearing before the | 74936 |
| state board, or may appeal directly to the court of common pleas | 74937 |
| pursuant to section 3781.031 of the Revised Code. | 74938 |
| In addition, any local corporation, association, or other | 74939 |
| organization composed of or representing handicapped persons as | 74940 |
| defined in section 3781.111 of the Revised Code, or, if no local | 74941 |
| corporation, association, or organization exists, then any | 74942 |
| statewide corporation, association, or other organization composed | 74943 |
| of or representing handicapped persons may apply for the de novo | 74944 |
| hearing or appeal to the court of common pleas from any decision | 74945 |
| of a certified municipal or county board of appeals interpreting, | 74946 |
| applying, or granting a variance from section 3781.111 of the | 74947 |
| Revised Code and any rule made thereunder. Application for a de | 74948 |
| novo hearing before the state board shall be made no later than | 74949 |
| thirty days after the municipal or county board renders its | 74950 |
| decision. | 74951 |
| The state board of building appeals or the appropriate | 74952 |
| certified local board of building appeals shall grant variances | 74953 |
| and exemptions from the requirements of section 3781.108 of the | 74954 |
| Revised Code in accordance with rules adopted by the board of | 74955 |
|
building standards pursuant to division | 74956 |
| of the Revised Code. | 74957 |
| The state board of building appeals or the appropriate | 74958 |
| certified local board of building appeals shall, in granting a | 74959 |
| variance or exemption from section 3781.108 of the Revised Code, | 74960 |
| in addition to any other considerations the state or the | 74961 |
| appropriate local board determines appropriate, consider the | 74962 |
| architectural and historical significance of the building. | 74963 |
| Sec. 3783.05. The board of building standards, in accordance | 74964 |
| with Chapters 119., 3781., and 3791. of the Revised Code, shall | 74965 |
| adopt, amend, or repeal such rules as may be reasonably necessary | 74966 |
| to administer this chapter. All fees collected by the board | 74967 |
| pursuant to this chapter shall be paid into the state treasury to | 74968 |
|
the credit of the | 74969 |
| created in section 121.084 of the Revised Code. | 74970 |
| Sec. 3791.02. No owner, or person having the control as an | 74971 |
| officer or member of a board or committee or otherwise of any | 74972 |
| opera house, hall, theater, church, schoolhouse, college, academy, | 74973 |
| seminary, infirmary, sanitarium, children's home, hospital, | 74974 |
| medical institute, asylum, memorial building, armory, assembly | 74975 |
| hall, or other building for the assemblage or betterment of people | 74976 |
| shall fail to obey any order of the state fire marshal, boards of | 74977 |
| health of city and general health districts, the building | 74978 |
| inspector or commissioner in cities having a building inspection | 74979 |
|
department,
or the superintendent of | 74980 |
| 74981 | |
| 3781. and 3791. of the Revised Code or rules or regulations | 74982 |
| adopted pursuant thereto. | 74983 |
| Whoever violates this section shall be fined not more than | 74984 |
| one thousand dollars. | 74985 |
| Sec. 3791.04. (A)(1) Before beginning the construction, | 74986 |
| erection, or manufacture of any building to which section 3781.06 | 74987 |
| of the Revised Code applies, including all industrialized units, | 74988 |
| the owner of that building, in addition to any other submission | 74989 |
| required by law, shall submit plans or drawings, specifications, | 74990 |
| and data prepared for the construction, erection, equipment, | 74991 |
| alteration, or addition that indicate the portions that have been | 74992 |
| approved pursuant to section 3781.12 of the Revised Code and for | 74993 |
| which no further approval is required, to the municipal, township, | 74994 |
| or county building department having jurisdiction unless one of | 74995 |
| the following applies: | 74996 |
| (a) If no municipal, township, or county building department | 74997 |
| certified for nonresidential buildings pursuant to division (E) of | 74998 |
| section 3781.10 of the Revised Code has jurisdiction, the owner | 74999 |
| shall make the submissions described in division (A)(1) of this | 75000 |
|
section to the superintendent
of
| 75001 |
| 75002 |
| (b) If no certified municipal, township, or county building | 75003 |
| department certified for residential buildings pursuant to | 75004 |
| division (E) of section 3781.10 of the Revised Code has | 75005 |
| jurisdiction, the owner is not required to make the submissions | 75006 |
| described in division (A)(1) of this section. | 75007 |
| (2)(a) The seal of an architect registered under Chapter | 75008 |
| 4703. of the Revised Code or an engineer registered under Chapter | 75009 |
| 4733. of the Revised Code is required for any plans, drawings, | 75010 |
| specifications, or data submitted for approval, unless the plans, | 75011 |
| drawings, specifications, or data are permitted to be prepared by | 75012 |
| persons other than registered architects pursuant to division (C) | 75013 |
| or (D) of section 4703.18 of the Revised Code, or by persons other | 75014 |
| than registered engineers pursuant to division (C) or (D) of | 75015 |
| section 4733.18 of the Revised Code. | 75016 |
| (b) No seal is required for any plans, drawings, | 75017 |
| specifications, or data submitted for approval for any residential | 75018 |
| buildings, as defined in section 3781.06 of the Revised Code, or | 75019 |
| erected as industrialized one-, two-, or three-family units or | 75020 |
| structures within the meaning of "industrialized unit" as defined | 75021 |
| in section 3781.06 of the Revised Code. | 75022 |
| (c) No seal is required for approval of the installation of | 75023 |
| replacement equipment or systems that are similar in type or | 75024 |
| capacity to the equipment or systems being replaced. No seal is | 75025 |
| required for approval for any new construction, improvement, | 75026 |
| alteration, repair, painting, decorating, or other modification of | 75027 |
| any buildings or structures subject to sections 3781.06 to 3781.18 | 75028 |
| and 3791.04 of the Revised Code if the proposed work does not | 75029 |
| involve technical design analysis, as defined by rule adopted by | 75030 |
| the board of building standards. | 75031 |
| (B) No owner shall proceed with the construction, erection, | 75032 |
| alteration, or equipment of any building until the plans or | 75033 |
| drawings, specifications, and data have been approved as this | 75034 |
| section requires, or the industrialized unit inspected at the | 75035 |
| point of origin. No plans or specifications shall be approved or | 75036 |
| inspection approval given unless the building represented would, | 75037 |
| if constructed, repaired, erected, or equipped, comply with | 75038 |
| Chapters 3781. and 3791. of the Revised Code and any rule made | 75039 |
| under those chapters. | 75040 |
| (C) The approval of plans or drawings and specifications or | 75041 |
| data pursuant to this section is invalid if construction, | 75042 |
| erection, alteration, or other work upon the building has not | 75043 |
| commenced within twelve months of the approval of the plans or | 75044 |
| drawings and specifications. One extension shall be granted for an | 75045 |
| additional twelve-month period if the owner requests at least ten | 75046 |
| days in advance of the expiration of the permit and upon payment | 75047 |
| of a fee not to exceed one hundred dollars. If in the course of | 75048 |
| construction, work is delayed or suspended for more than six | 75049 |
| months, the approval of plans or drawings and specifications or | 75050 |
| data is invalid. Two extensions shall be granted for six months | 75051 |
| each if the owner requests at least ten days in advance of the | 75052 |
| expiration of the permit and upon payment of a fee for each | 75053 |
| extension of not more than one hundred dollars. Before any work | 75054 |
| may continue on the construction, erection, alteration, or | 75055 |
| equipment of any building for which the approval is invalid, the | 75056 |
| owner of the building shall resubmit the plans or drawings and | 75057 |
| specifications for approval pursuant to this section. | 75058 |
| (D) Subject to section 3791.042 of the Revised Code, the | 75059 |
| board of building standards or the legislative authority of a | 75060 |
| municipal corporation, township, or county, by rule, may regulate | 75061 |
| the requirements for the submission of plans and specifications to | 75062 |
| the respective enforcing departments and for processing by those | 75063 |
| departments. The board of building standards or the legislative | 75064 |
| authority of a municipal corporation, township, or county may | 75065 |
| adopt rules to provide for the approval, subject to section | 75066 |
| 3791.042 of the Revised Code, by the department having | 75067 |
| jurisdiction of the plans for construction of a foundation or any | 75068 |
| other part of a building or structure before the complete plans | 75069 |
| and specifications for the entire building or structure are | 75070 |
| submitted. When any plans are approved by the department having | 75071 |
| jurisdiction, the structure and every particular represented by | 75072 |
| and disclosed in those plans shall, in the absence of fraud or a | 75073 |
| serious safety or sanitation hazard, be conclusively presumed to | 75074 |
| comply with Chapters 3781. and 3791. of the Revised Code and any | 75075 |
| rule issued pursuant to those chapters, if constructed, altered, | 75076 |
| or repaired in accordance with those plans and any rule in effect | 75077 |
| at the time of approval. | 75078 |
| (E) The approval of plans and specifications, including | 75079 |
| inspection of industrialized units, under this section is a | 75080 |
| "license" and the failure to approve plans or specifications as | 75081 |
| submitted or to inspect the unit at the point of origin within | 75082 |
| thirty days after the plans or specifications are filed or the | 75083 |
| request to inspect the industrialized unit is made, the | 75084 |
| disapproval of plans and specifications, or the refusal to approve | 75085 |
| an industrialized unit following inspection at the point of origin | 75086 |
| is "an adjudication order denying the issuance of a license" | 75087 |
| requiring an "adjudication hearing" as provided by sections 119.07 | 75088 |
| to 119.13 of the Revised Code and as modified by sections 3781.031 | 75089 |
| and 3781.19 of the Revised Code. An adjudication order denying the | 75090 |
| issuance of a license shall specify the reasons for that denial. | 75091 |
| (F) The board of building standards shall not require the | 75092 |
| submission of site preparation plans or plot plans to the division | 75093 |
|
of | 75094 |
| exclusively as one-, two-, or three-family dwellings. | 75095 |
| (G) Notwithstanding any procedures the board establishes, if | 75096 |
| the agency having jurisdiction objects to any portion of the plans | 75097 |
| or specifications, the owner or the owner's representative may | 75098 |
| request the agency to issue conditional approval to proceed with | 75099 |
| construction up to the point of the objection. Approval shall be | 75100 |
| issued only when the objection results from conflicting | 75101 |
| interpretations of the rules of the board of building standards | 75102 |
| rather than the application of specific technical requirements of | 75103 |
| the rules. Approval shall not be issued where the correction of | 75104 |
| the objection would cause extensive changes in the building design | 75105 |
| or construction. The giving of conditional approval is a | 75106 |
| "conditional license" to proceed with construction up to the point | 75107 |
| where the construction or materials objected to by the agency are | 75108 |
| to be incorporated into the building. No construction shall | 75109 |
| proceed beyond that point without the prior approval of the agency | 75110 |
| or another agency that conducts an adjudication hearing relative | 75111 |
| to the objection. The agency having jurisdiction shall specify its | 75112 |
| objections to the plans or specifications, which is an | 75113 |
| "adjudication order denying the issuance of a license" and may be | 75114 |
| appealed pursuant to sections 119.07 to 119.13 of the Revised Code | 75115 |
| and as modified by sections 3781.031 and 3781.19 of the Revised | 75116 |
| Code. | 75117 |
| (H) A certified municipal, township, or county building | 75118 |
|
department
having jurisdiction, or the superintendent | 75119 |
| 75120 | |
| any plans, drawings, specifications, or data described in this | 75121 |
| section that are submitted to it or to the superintendent. | 75122 |
| (I) No owner or persons having control as an officer, or as a | 75123 |
| member of a board or committee, or otherwise, of a building to | 75124 |
| which section 3781.06 of the Revised Code is applicable, and no | 75125 |
| architect, designer, engineer, builder, contractor, subcontractor, | 75126 |
| or any officer or employee of a municipal, township, or county | 75127 |
| building department shall violate this section. | 75128 |
| (J) Whoever violates this section shall be fined not more | 75129 |
| than five hundred dollars. | 75130 |
| Sec. 3791.05. No owner, lessee, agent, factor, architect, or | 75131 |
| contractor engaged in and having supervision or charge of the | 75132 |
| building, erection, or construction of a block, building, or | 75133 |
| structure, shall neglect or refuse to place or have placed upon | 75134 |
| the joists of each story thereof, as soon as joists are in | 75135 |
| position, counter floors of such quality and strength as to render | 75136 |
| perfectly safe the going to and from thereon of all mechanics, | 75137 |
| laborers, and other persons engaged upon the work of construction | 75138 |
| or supervision, or in placing materials for such construction. | 75139 |
| Whoever violates this section shall be fined not less than | 75140 |
| twenty-five nor more than two hundred dollars. | 75141 |
| Each day that such person neglects or refuses to have such | 75142 |
| counter floors so placed, after notice is given by a building | 75143 |
| inspector, a chief inspector, or deputy inspector of the city | 75144 |
| building inspection department in cities where such department is | 75145 |
|
organized, or by the superintendent of
| 75146 |
| 75147 | |
| are not organized, or from a person whose life or personal safety | 75148 |
| may be endangered by such neglect or refusal, is a separate | 75149 |
| offense. | 75150 |
| Sec. 3791.07. (A) The board of building standards may | 75151 |
| establish such reasonable inspection fee schedules as it | 75152 |
| determines necessary or desirable relating to the inspection of | 75153 |
| all plans and specifications submitted for approval to the | 75154 |
|
division of | 75155 |
| units inspected at the point of origin and at the construction | 75156 |
| site of the building. The inspection fee schedule established | 75157 |
| shall bear some reasonable relationship to the cost of | 75158 |
| administering and enforcing the provisions of Chapters 3781. and | 75159 |
| 3791. of the Revised Code. | 75160 |
| (B) In addition to the fee assessed in division (A) of this | 75161 |
| section, the board shall assess a fee of not more than five | 75162 |
| dollars for each application for acceptance and approval of plans | 75163 |
| and specifications and for making inspections pursuant to section | 75164 |
| 3791.04 of the Revised Code. The board shall adopt rules, in | 75165 |
| accordance with Chapter 119. of the Revised Code, specifying the | 75166 |
|
manner by which the superintendent of | 75167 |
| 75168 | |
| assessed under this division and requiring that remittance of the | 75169 |
| fees be made at least quarterly. | 75170 |
| (C) Any person who fails to pay an inspection fee required | 75171 |
| for any inspection conducted by the department of commerce | 75172 |
| pursuant to Chapters 3781. and 3791. of the Revised Code, except | 75173 |
| for fees charged for the inspection of plans and specifications, | 75174 |
| within forty-five days after the inspection is conducted, shall | 75175 |
| pay a late payment fee equal to twenty-five per cent of the | 75176 |
| inspection fee. | 75177 |
| (D) The board shall pay the fees assessed under this section | 75178 |
|
into the state treasury to the credit of the
| 75179 |
| labor operating fund created in section 121.084 of the Revised | 75180 |
| Code. | 75181 |
| Sec. 3793.02. (A) The department of alcohol and drug | 75182 |
| addiction services shall promote, assist in developing, and | 75183 |
| coordinate or conduct programs of education and research for the | 75184 |
| prevention of alcohol and drug addiction, the prevention of | 75185 |
| gambling addiction, the treatment, including intervention, of | 75186 |
| alcoholics and persons who abuse drugs of abuse, including | 75187 |
| anabolic steroids, and the treatment, including intervention, of | 75188 |
| persons with gambling addictions. Programs established by the | 75189 |
| department shall include abstinence-based prevention and treatment | 75190 |
| programs. | 75191 |
| (B) In addition to the other duties prescribed by this | 75192 |
| chapter, the department shall do all of the following: | 75193 |
| (1) Promote and coordinate efforts in the provision of | 75194 |
| alcohol and drug addiction services and of gambling addiction | 75195 |
| services by other state agencies, as defined in section 1.60 of | 75196 |
| the Revised Code; courts; hospitals; clinics; physicians in | 75197 |
| private practice; public health authorities; boards of alcohol, | 75198 |
| drug addiction, and mental health services; alcohol and drug | 75199 |
| addiction programs; law enforcement agencies; gambling addiction | 75200 |
| programs; and related groups; | 75201 |
| (2) Provide for education and training in prevention, | 75202 |
| diagnosis, treatment, and control of alcohol and drug addiction | 75203 |
| and of gambling addiction for medical students, physicians, | 75204 |
| nurses, social workers, professional counselors, psychologists, | 75205 |
| and other persons who provide alcohol and drug addiction services | 75206 |
| or gambling addiction services; | 75207 |
| (3) Provide training and consultation for persons who | 75208 |
| supervise alcohol and drug addiction programs and facilities or | 75209 |
| gambling addiction programs and facilities; | 75210 |
| (4) Develop measures for evaluating the effectiveness of | 75211 |
| alcohol and drug addiction services, including services that use | 75212 |
| methadone treatment, and of gambling addiction services, and for | 75213 |
| increasing the accountability of alcohol and drug addiction | 75214 |
| programs and of gambling addiction programs; | 75215 |
| (5) Provide to each court of record, and biennially update, a | 75216 |
| list of the treatment and education programs within that court's | 75217 |
| jurisdiction that the court may require an offender, sentenced | 75218 |
| pursuant to section 4511.19 of the Revised Code, to attend; | 75219 |
| (6) | 75220 |
| sections 3313.752, 3345.41, and 3707.50 of the Revised Code | 75221 |
| available on the department's internet web site; | 75222 |
| (7) Provide a program of gambling addiction services on | 75223 |
| behalf of the state lottery commission, pursuant to an agreement | 75224 |
| entered into with the director of the commission under division | 75225 |
| (K) of section 3770.02 of the Revised Code. | 75226 |
| (C) The department may accept and administer grants from | 75227 |
| public or private sources for carrying out any of the duties | 75228 |
| enumerated in this section. | 75229 |
| (D) Pursuant to Chapter 119. of the Revised Code, the | 75230 |
| department shall adopt a rule defining the term "intervention" as | 75231 |
| it is used in this chapter in connection with alcohol and drug | 75232 |
| addiction services and in connection with gambling addiction | 75233 |
| services. The department may adopt other rules as necessary to | 75234 |
| implement the requirements of this chapter. | 75235 |
| Sec. 3793.04. The department of alcohol and drug addiction | 75236 |
| services shall develop, administer, and revise as necessary a | 75237 |
| comprehensive statewide alcohol and drug addiction services plan | 75238 |
| for the implementation of this chapter. The plan shall emphasize | 75239 |
| abstinence from the use of alcohol and drugs of abuse as the | 75240 |
| primary goal of alcohol and drug addiction services. The council | 75241 |
| on alcohol and drug addiction services shall advise the department | 75242 |
| in the development and implementation of the plan. | 75243 |
| The plan shall provide for the allocation of state and | 75244 |
| federal funds for service furnished by alcohol and drug addiction | 75245 |
| programs under contract with boards of alcohol, drug addiction, | 75246 |
| and mental health services and for distribution of the funds to | 75247 |
| such boards. The plan shall specify the methodology that the | 75248 |
| department will use for determining how funds will be allocated | 75249 |
| and distributed. A portion of the funds shall be allocated on the | 75250 |
| basis of the ratio of the population of each alcohol, drug | 75251 |
| addiction, and mental health service district to the total | 75252 |
| population of the state as determined from the most recent federal | 75253 |
| census or the most recent official estimate made by the United | 75254 |
| States census bureau. | 75255 |
| The plan shall ensure that alcohol and drug addiction | 75256 |
| services of a high quality are accessible to, and responsive to | 75257 |
| the needs of, all persons, especially those who are members of | 75258 |
| underserved groups, including, but not limited to, African | 75259 |
| Americans, Hispanics, native Americans, Asians, juvenile and adult | 75260 |
| offenders, women, and persons with special services needs due to | 75261 |
| age or disability. The plan shall include a program to promote and | 75262 |
| protect the rights of those who receive services. | 75263 |
| To aid in formulating the plan and in evaluating the | 75264 |
| effectiveness and results of alcohol and drug addiction services, | 75265 |
| the department, in consultation with the department of mental | 75266 |
| health, shall establish and maintain an information system or | 75267 |
| systems. The department of alcohol and drug addiction services | 75268 |
| shall specify the information that must be provided by boards of | 75269 |
| alcohol, drug addiction, and mental health services and by alcohol | 75270 |
| and drug addiction programs for inclusion in the system. The | 75271 |
|
department
shall not collect any personal information | 75272 |
| 75273 | |
| 75274 | |
|
by | 75275 |
| for purposes related to payment, health care operations, program | 75276 |
| and service evaluation, reporting activities, research, system | 75277 |
| administration, and oversight. | 75278 |
| In consultation with boards, programs, and persons receiving | 75279 |
| services, the department shall establish guidelines for the use of | 75280 |
| state and federal funds and for the boards' development of plans | 75281 |
| for services required by sections 340.033 and 3793.05 of the | 75282 |
| Revised Code. | 75283 |
| In any fiscal year, the department shall spend, or allocate | 75284 |
| to boards, for methadone maintenance programs or any similar | 75285 |
| programs not more than eight per cent of the total amount | 75286 |
| appropriated to the department for the fiscal year. | 75287 |
| Sec. 3793.21. (A) The department of alcohol and drug | 75288 |
| addiction services shall annually establish a limit on the amount | 75289 |
| or portion of state and federal funds provided by the department | 75290 |
| to boards of alcohol, drug addiction, and mental health services | 75291 |
| that may be used for a board's administrative functions. The | 75292 |
| department may deny state or federal funds to a board that | 75293 |
| exceeds the limit established by the department. Administrative | 75294 |
| functions for which funds may be provided may include continuous | 75295 |
| quality improvement, utilization review, resource development, | 75296 |
| fiscal administration, general administration, and any other | 75297 |
| administrative function required by Chapter 340. of the Revised | 75298 |
| Code. | 75299 |
| (B) Any state or federal funds used for board administrative | 75300 |
| functions shall be from the funds allocated by the department to | 75301 |
| the boards according to the methodology specified by the | 75302 |
| department under the plan described in section 3793.04 of the | 75303 |
| Revised Code. | 75304 |
| (C) The director of alcohol and drug addiction services may | 75305 |
| waive the limit described by this section for a board of alcohol, | 75306 |
| drug addiction, and mental health services if, based on the | 75307 |
| board's prior written request, the director determines that an | 75308 |
| exception to the limit is warranted. | 75309 |
| (D) Each board shall submit an annual report to the | 75310 |
| department detailing its use of state and federal funds for the | 75311 |
| administrative functions of the board. | 75312 |
| Sec. 3901.38. As used in this section and sections 3901.381 | 75313 |
| to 3901.3814 of the Revised Code: | 75314 |
| (A) "Beneficiary" means any policyholder, subscriber, member, | 75315 |
| employee, or other person who is eligible for benefits under a | 75316 |
| benefits contract. | 75317 |
| (B) "Benefits contract" means a sickness and accident | 75318 |
| insurance policy providing hospital, surgical, or medical expense | 75319 |
| coverage, or a health insuring corporation contract or other | 75320 |
| policy or agreement under which a third-party payer agrees to | 75321 |
| reimburse for covered health care or dental services rendered to | 75322 |
| beneficiaries, up to the limits and exclusions contained in the | 75323 |
| benefits contract. | 75324 |
| (C) "Hospital" has the same meaning as in section 3727.01 of | 75325 |
| the Revised Code. | 75326 |
| (D) "Medicaid managed care organization" means a managed care | 75327 |
| organization that has a contract with the department of job and | 75328 |
| family services pursuant to section 5111.17 of the Revised Code. | 75329 |
| (E) "Provider" means a hospital, nursing home, physician, | 75330 |
| podiatrist, dentist, pharmacist, chiropractor, or other health | 75331 |
| care provider entitled to reimbursement by a third-party payer for | 75332 |
| services rendered to a beneficiary under a benefits contract. | 75333 |
| | 75334 |
| otherwise accept responsibility for payment for health care | 75335 |
| services rendered to a beneficiary, or arrange for the provision | 75336 |
| of health care services to a beneficiary. | 75337 |
| | 75338 |
| (1) An insurance company; | 75339 |
| (2) A health insuring corporation; | 75340 |
| (3) A labor organization; | 75341 |
| (4) An employer; | 75342 |
| (5) An intermediary organization, as defined in section | 75343 |
| 1751.01 of the Revised Code, that is not a health delivery network | 75344 |
| contracting solely with self-insured employers; | 75345 |
| (6) An administrator subject to sections 3959.01 to 3959.16 | 75346 |
| of the Revised Code; | 75347 |
| (7) A health delivery network, as defined in section 1751.01 | 75348 |
| of the Revised Code; | 75349 |
| (8) A medicaid managed care organization; | 75350 |
| (9) Any other person that is obligated pursuant to a benefits | 75351 |
| contract to reimburse for covered health care services rendered to | 75352 |
| beneficiaries under such contract. | 75353 |
| Sec. 3901.383. (A) A provider and a third-party payer may do | 75354 |
| either of the following: | 75355 |
| (1) Enter into a contractual agreement under which time | 75356 |
| periods shorter than those set forth in section 3901.381 of the | 75357 |
| Revised Code are applicable to the third-party payer in paying a | 75358 |
| claim for any amount due for health care services rendered by the | 75359 |
| provider; | 75360 |
| (2) Enter into a contractual agreement under which the timing | 75361 |
| of payments by the third-party payer is not directly related to | 75362 |
| the receipt of a claim form. The contractual arrangement may | 75363 |
| include periodic interim payment arrangements, capitation payment | 75364 |
| arrangements, or other periodic payment arrangements acceptable to | 75365 |
| the provider and the third-party payer. Under a capitation payment | 75366 |
| arrangement, the third-party payer shall begin paying the | 75367 |
| capitated amounts to the beneficiary's primary care provider not | 75368 |
| later than sixty days after the date the beneficiary selects or is | 75369 |
| assigned to the provider. Under any other contractual periodic | 75370 |
| payment arrangement, the contractual agreement shall state, with | 75371 |
| specificity, the timing of payments by the third-party payer. | 75372 |
| (B) | 75373 |
| 75374 | |
| 75375 | |
| third-party payer, including a third-party payer that provides | 75376 |
| coverage under the medicaid program, shall not enter into a | 75377 |
| contractual arrangement under which time periods longer than those | 75378 |
| provided for in paragraph (c)(1) of 42 C.F.R. 447.46 are | 75379 |
| applicable to the third-party payer in paying a claim for any | 75380 |
| amount due for health care services rendered by the provider. | 75381 |
| Sec. 3901.3812. (A) If, after completion of an examination | 75382 |
| involving information collected from a six-month period, the | 75383 |
| superintendent finds that a third-party payer has committed a | 75384 |
| series of violations that, taken together, constitutes a | 75385 |
| consistent pattern or practice of violating division (A) of | 75386 |
| section 3901.3811 of the Revised Code, the superintendent may | 75387 |
| impose on the third-party payer any of the administrative remedies | 75388 |
| specified in division (B) of this section. In making a finding | 75389 |
| under this division, the superintendent shall apply the error | 75390 |
| tolerance standards for claims processing contained in the market | 75391 |
| conduct examiners handbook issued by the national association of | 75392 |
| insurance commissioners in effect at the time the claims were | 75393 |
| processed. | 75394 |
| Before imposing an administrative remedy, the superintendent | 75395 |
| shall provide written notice to the third-party payer informing | 75396 |
| the third-party payer of the reasons for the superintendent's | 75397 |
| finding, the administrative remedy the superintendent proposes to | 75398 |
| impose, and the opportunity to submit a written request for an | 75399 |
| administrative hearing regarding the finding and proposed remedy. | 75400 |
| If the third-party payer requests a hearing, the superintendent | 75401 |
| shall conduct the hearing in accordance with Chapter 119. of the | 75402 |
| Revised Code not later than fifteen days after receipt of the | 75403 |
| request. | 75404 |
| (B)(1) In imposing administrative remedies under division (A) | 75405 |
| of this section for violations of section 3901.381 of the Revised | 75406 |
| Code, the superintendent may do any of the following: | 75407 |
| (a) Levy a monetary penalty in an amount determined in | 75408 |
| accordance with division (B)(3) of this section; | 75409 |
| (b) Order the payment of interest directly to the provider in | 75410 |
| accordance with section 3901.389 of the Revised Code; | 75411 |
| (c) Order the third-party payer to cease and desist from | 75412 |
| engaging in the violations; | 75413 |
| (d) If a monetary penalty is not levied under division | 75414 |
| (B)(1)(a) of this section, impose any of the administrative | 75415 |
| remedies provided for in section 3901.22 of the Revised Code, | 75416 |
| other than those specified in divisions (D)(4) and (5) and (G) of | 75417 |
| that section. | 75418 |
| (2) In imposing administrative remedies under division (A) | 75419 |
| of this section for violations of sections 3901.384 to 3901.3810 | 75420 |
| of the Revised Code, the superintendent may do any of the | 75421 |
| following: | 75422 |
| (a) Levy a monetary penalty in an amount determined in | 75423 |
| accordance with division (B)(3) of this section; | 75424 |
| (b) Order the payment of interest directly to the provider in | 75425 |
| accordance with section 3901.38 of the Revised Code; | 75426 |
| (c) Order the third-party payer to cease and desist from | 75427 |
| engaging in the violations; | 75428 |
| (d) If a monetary penalty is not levied under division | 75429 |
| (B)(2)(a) of this section, impose any of the administrative | 75430 |
| remedies provided for in section 3901.22 of the Revised Code, | 75431 |
| other than those specified in divisions (D)(4) and (5) and (G) of | 75432 |
| that section. For violations of sections 3901.384 to 3901.3810 of | 75433 |
| the Revised Code that did not comply with section 3901.381 of the | 75434 |
| Revised Code, the superintendent may also use section 3901.22 of | 75435 |
| the Revised Code except divisions (D)(4) and (5) of that section. | 75436 |
| (3) A finding by the superintendent that a third-party payer | 75437 |
| has committed a series of violations that, taken together, | 75438 |
| constitutes a consistent pattern or practice of violating division | 75439 |
| (A) of section 3901.3811 of the Revised Code, shall constitute a | 75440 |
| single offense for purposes of levying a fine under division | 75441 |
| (B)(1)(a) and (B)(2)(a) of this section. For a first offense, the | 75442 |
| superintendent may levy a fine of not more than one hundred | 75443 |
| thousand dollars. For a second offense that occurs on or earlier | 75444 |
| than four years from the first offense, the superintendent may | 75445 |
| levy a fine of not more than one hundred fifty thousand dollars. | 75446 |
| For a third or additional offense that occurs on or earlier than | 75447 |
| seven years after a first offense, the superintendent may levy a | 75448 |
| fine of not more than three hundred thousand dollars. In | 75449 |
| determining the amount of a fine to be levied within the specified | 75450 |
| limits, the superintendent shall consider the following factors: | 75451 |
| (a) The extent and frequency of the violations; | 75452 |
| (b) Whether the violations were due to circumstances beyond | 75453 |
| the third-party payer's control; | 75454 |
| (c) Any remedial actions taken by the third-party payer to | 75455 |
| prevent future violations; | 75456 |
| (d) The actual or potential harm to others resulting from the | 75457 |
| violations; | 75458 |
| (e) If the third-party payer knowingly and willingly | 75459 |
| committed the violations; | 75460 |
| (f) The third-party payer's financial condition; | 75461 |
| (g) Any other factors the superintendent considers | 75462 |
| appropriate. | 75463 |
| (C) The remedies imposed by the superintendent under this | 75464 |
| section are in addition to, and not in lieu of, such other | 75465 |
| remedies as providers and beneficiaries may otherwise have by law. | 75466 |
| (D) Any fine collected under this section shall be paid into | 75467 |
| the state treasury as follows: | 75468 |
| (1) Twenty-five per cent of the total to the credit of the | 75469 |
| department of insurance operating fund created by section 3901.021 | 75470 |
| of the Revised Code; | 75471 |
| (2) Sixty-five per cent of the total to the credit of the | 75472 |
| general revenue fund; | 75473 |
| (3) Ten per cent of the total to the credit of claims | 75474 |
|
processing education | 75475 |
| the department of insurance operating fund created by section | 75476 |
| 3901.021 of the Revised Code. | 75477 |
| All money credited to the claims processing education | 75478 |
| account shall be used by the department of insurance to make | 75479 |
| technical assistance available to third-party payers, providers, | 75480 |
| and beneficiaries for effective implementation of the provisions | 75481 |
| of sections 3901.38 and 3901.381 to 3901.3814 of the Revised Code. | 75482 |
| Sec. 3901.3814. (A) Sections 3901.38 and 3901.381 to | 75483 |
| 3901.3813 of the Revised Code do not apply to the following: | 75484 |
| | 75485 |
| Chapters 3935. and 3937. of the Revised Code; | 75486 |
| | 75487 |
| administrators, as defined in section 3959.01 of the Revised Code, | 75488 |
| to the extent that federal law supersedes, preempts, prohibits, or | 75489 |
| otherwise precludes the application of any provisions of those | 75490 |
| sections to the plan and its administrators; | 75491 |
| | 75492 |
| medicare advantage program operated under Title XVIII of the | 75493 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 75494 |
| amended; | 75495 |
| | 75496 |
| 75497 | |
| 75498 | |
| 75499 | |
| 75500 | |
| 75501 | |
| 75502 | |
| 75503 | |
| 75504 | |
| 75505 | |
| 75506 |
| | 75507 |
| tricare program offered by the United States department of | 75508 |
|
defense | 75509 |
| | 75510 |
| children's buy-in program established under sections 5101.5211 to | 75511 |
| 5101.5216 of the Revised Code. | 75512 |
| (B) The application of sections 3901.38 to 3901.3813 of the | 75513 |
| Revised Code to medicaid managed care organizations neither | 75514 |
| affects the department of job and family services' authority | 75515 |
| under section 5111.01 of the Revised Code to act as the single | 75516 |
| state medicaid agency nor affects the department's authority to | 75517 |
| enter into contracts with managed care organizations under section | 75518 |
| 5111.17 of the Revised Code. | 75519 |
| Sec. 3903.77. (A) Every property and casualty insurance | 75520 |
| company doing business in this state, except as exempted by rule | 75521 |
| adopted by the superintendent of insurance, annually, shall cause | 75522 |
| to be prepared by an actuary, appointed by the company, the | 75523 |
| following documents: | 75524 |
| (1) An actuarial opinion that certifies to the current | 75525 |
| adequacy of the insurance company's reserves and that shall be | 75526 |
| entitled a "statement of actuarial opinion"; | 75527 |
| (2) A summary that shall be in support of the statement of | 75528 |
| actuarial opinion and that shall be entitled an "actuarial opinion | 75529 |
| summary." An insurance company licensed but not domiciled in this | 75530 |
| state need not include the actuarial opinion summary in its | 75531 |
| submissions to the superintendent but shall make the summary | 75532 |
| available to the superintendent upon request. | 75533 |
| (B) The insurance company annually shall submit the documents | 75534 |
| prepared pursuant to division (A) of this section to the | 75535 |
| superintendent in accordance with the national association of | 75536 |
| insurance commissioners' property and casualty annual statement | 75537 |
| instructions. The documents shall accompany the insurance | 75538 |
| company's annual financial statement described in section 3901.77 | 75539 |
| of the Revised Code. | 75540 |
| (C)(1) Every property and casualty insurance company doing | 75541 |
| business in this state shall prior to preparation of the statement | 75542 |
| of actuarial opinion and the actuarial opinion summary prepare an | 75543 |
| actuarial report and underlying work papers to support the | 75544 |
| statement of actuarial opinion and the actuarial opinion summary | 75545 |
| required under division (A) of this section in accordance with the | 75546 |
| national association of insurance commissioners' property and | 75547 |
| casualty statement instructions. The insurance company shall make | 75548 |
| the actuarial report and underlying work papers available to the | 75549 |
| superintendent upon request. | 75550 |
| (2) If an insurance company fails to provide the actuarial | 75551 |
| report or work papers at the request of the superintendent | 75552 |
| pursuant to division (C)(1) of this section or the superintendent | 75553 |
| determines that the actuarial report or work papers provided are | 75554 |
| unacceptable, the superintendent may contract with a qualified | 75555 |
| actuary at the expense of the insurance company to review the | 75556 |
| statement of actuarial opinion provided by the insurance company | 75557 |
| pursuant to division (A) of this section and the basis for that | 75558 |
| opinion and to prepare an actuarial report and work papers. | 75559 |
| (D) Except in cases of fraud or willful misconduct on the | 75560 |
| part of the actuary, no actuary appointed by an insurance company | 75561 |
| to prepare the statement of actuarial opinion and actuarial | 75562 |
| opinion summary required under division (A) of this section is | 75563 |
| liable for damages to any person except the insurance company and | 75564 |
| the superintendent for any act, error, omission, decision, or | 75565 |
| conduct with respect to the actuary's opinion. | 75566 |
| (E) The statement of actuarial opinion required under | 75567 |
| division (A) of this section is a public document and a public | 75568 |
| record as defined in section 149.43 of the Revised Code. However, | 75569 |
| the actuarial opinion summary, actuarial report, work papers, and | 75570 |
| any documents, materials or other information provided in support | 75571 |
| of the statement of actuarial opinion are privileged and | 75572 |
| confidential, are not a public record, and are not subject to | 75573 |
| subpoena or to discovery, and are not admissible in evidence in | 75574 |
| any private civil action. | 75575 |
| Neither the superintendent nor any person who receives | 75576 |
| documents, materials, or other information required to be kept | 75577 |
| confidential under this division while acting under the authority | 75578 |
| of the superintendent shall testify in any private civil action | 75579 |
| concerning any documents, materials, or other information required | 75580 |
| to be kept confidential under this division. | 75581 |
| This section shall not be construed to limit the | 75582 |
| superintendent's authority to release documents to the actuarial | 75583 |
| board for counseling and discipline so long as the documents are | 75584 |
| necessary for the purpose of professional disciplinary proceedings | 75585 |
| and the actuarial board for counseling and discipline establishes | 75586 |
| procedures satisfactory to the superintendent for preserving the | 75587 |
| confidentiality of the documents. Neither shall this section be | 75588 |
| construed to limit the superintendent's authority to use | 75589 |
| documents, materials, nor other information in furtherance of any | 75590 |
| regulatory or legal action brought as part of the superintendent's | 75591 |
| official duties. | 75592 |
| (F) In order to assist in the performance of the | 75593 |
| superintendent's duties, the superintendent may do all of the | 75594 |
| following: | 75595 |
| (1) Share documents, materials, or other information, | 75596 |
| including any documents, materials, or other information required | 75597 |
| to be kept confidential under division (E) of this section, with | 75598 |
| other state, federal, and international regulatory and law | 75599 |
| enforcement agencies and with the national association of | 75600 |
| insurance commissioners including its affiliates and subsidiaries | 75601 |
| if the recipient agrees to maintain the confidentiality and | 75602 |
| privileged status of the document, material, or other information | 75603 |
| and has the legal authority to maintain confidentiality; | 75604 |
| (2) Receive documents, materials, or other information, | 75605 |
| including otherwise confidential and privileged documents, | 75606 |
| materials, and information from other state, federal, and | 75607 |
| international regulatory and law enforcement agencies and from the | 75608 |
| national association of insurance commissioners including its | 75609 |
| affiliates and subsidiaries. The superintendent shall maintain the | 75610 |
| confidentiality and privileged status of any document, material, | 75611 |
| or other information received with notice of confidential and | 75612 |
| privileged status under the laws of the jurisdiction that is the | 75613 |
| source of the document, material, or information. | 75614 |
| (3) Enter into agreements consistent with divisions (E) and | 75615 |
| (F) of this section for the sharing and use of information. | 75616 |
| (G) No waiver of any privilege or claim of confidentiality of | 75617 |
| documents, materials, or other information shall occur as a result | 75618 |
| of any disclosure to the superintendent under this section or as a | 75619 |
| result of any sharing of documents, materials, or other | 75620 |
| information authorized by the superintendent under division (G) of | 75621 |
| this section. | 75622 |
| (H) As used in this section, "qualified actuary" means a | 75623 |
| person who is a member in good standing of the American academy of | 75624 |
| actuaries and who meets the requirements identified in the | 75625 |
| national association of insurance commissioners' property and | 75626 |
| casualty statement instructions. | 75627 |
| Sec. 3923.021. (A) As used in this section | 75628 |
| (1) "Benefits provided are not unreasonable in relation to | 75629 |
| the premium charged" means the rates were calculated in accordance | 75630 |
| with sound actuarial principles. | 75631 |
| (2) "Individual policy of sickness and accident insurance" | 75632 |
| includes sickness and accident insurance made available by | 75633 |
| insurers in the individual market to individuals, with or without | 75634 |
| family members or dependents, through group policies issued to one | 75635 |
| or more associations or entities. | 75636 |
| (B) With respect to any filing, made pursuant to section | 75637 |
| 3923.02 of the Revised Code, of any premium rates for any | 75638 |
| individual policy of sickness and accident insurance or | 75639 |
| certificates made available by an insurer to individuals in the | 75640 |
| individual market through a group policy or for any indorsement or | 75641 |
| rider pertaining thereto, the superintendent of insurance may, | 75642 |
| within thirty days after filing: | 75643 |
| (1) Disapprove such filing after finding that the benefits | 75644 |
| provided are unreasonable in relation to the premium charged. | 75645 |
| Such disapproval shall be effected by written order of the | 75646 |
| superintendent, a copy of which shall be mailed to the insurer | 75647 |
| that has made the filing. In the order, the superintendent shall | 75648 |
| specify the reasons for the disapproval and state that a hearing | 75649 |
| will be held within fifteen days after requested in writing by the | 75650 |
| insurer. If a hearing is so requested, the superintendent shall | 75651 |
| also give such public notice as the superintendent considers | 75652 |
| appropriate. The superintendent, within fifteen days after the | 75653 |
| commencement of any hearing, shall issue a written order, a copy | 75654 |
| of which shall be mailed to the insurer that has made the filing, | 75655 |
| either affirming the prior disapproval or approving such filing | 75656 |
| after finding that the benefits provided are not unreasonable in | 75657 |
| relation to the premium charged. | 75658 |
| (2) Set a date for a public hearing to commence no later than | 75659 |
| forty days after the filing. The superintendent shall give the | 75660 |
| insurer making the filing twenty days' written notice of the | 75661 |
| hearing and shall give such public notice as the superintendent | 75662 |
| considers appropriate. The superintendent, within twenty days | 75663 |
| after the commencement of a hearing, shall issue a written order, | 75664 |
| a copy of which shall be mailed to the insurer that has made the | 75665 |
| filing, either approving such filing if the superintendent finds | 75666 |
| that the benefits provided are not unreasonable in relation to the | 75667 |
| premium charged, or disapproving such filing if the superintendent | 75668 |
| finds that the benefits provided are unreasonable in relation to | 75669 |
| the premium charged. This division does not apply to any insurer | 75670 |
| organized or transacting the business of insurance under Chapter | 75671 |
| 3907. or 3909. of the Revised Code. | 75672 |
| (3) Take no action, in which case such filing shall be deemed | 75673 |
| to be approved and shall become effective upon the thirty-first | 75674 |
| day after such filing, unless the superintendent has previously | 75675 |
| given to the insurer a written approval. | 75676 |
| (C) At any time after any filing has been approved pursuant | 75677 |
| to this section, the superintendent may, after a hearing of which | 75678 |
| at least twenty days' written notice has been given to the insurer | 75679 |
| that has made such filing and for which such public notice as the | 75680 |
| superintendent considers appropriate has been given, withdraw | 75681 |
| approval of such filing after finding that the benefits provided | 75682 |
| are unreasonable in relation to the premium charged. Such | 75683 |
| withdrawal of approval shall be effected by written order of the | 75684 |
| superintendent, a copy of which shall be mailed to the insurer | 75685 |
| that has made the filing, which shall state the ground for such | 75686 |
| withdrawal and the date, not less than forty days after the date | 75687 |
| of such order, when the withdrawal or approval shall become | 75688 |
| effective. | 75689 |
| (D) The superintendent may retain at the insurer's expense | 75690 |
| such attorneys, actuaries, accountants, and other experts not | 75691 |
| otherwise a part of the superintendent's staff as shall be | 75692 |
| reasonably necessary to assist in the preparation for and conduct | 75693 |
| of any public hearing under this section. The expense for | 75694 |
| retaining such experts and the expenses of the department of | 75695 |
| insurance incurred in connection with such public hearing shall be | 75696 |
| assessed against the insurer in an amount not to exceed one | 75697 |
| one-hundredth of one per cent of the sum of premiums earned plus | 75698 |
| net realized investment gain or loss of such insurer as reflected | 75699 |
| in the most current annual statement on file with the | 75700 |
| superintendent. Any person retained shall be under the direction | 75701 |
| and control of the superintendent and shall act in a purely | 75702 |
| advisory capacity. | 75703 |
| Sec. 3923.022. (A) As used in this section: | 75704 |
| (1)(a) "Administrative expense" means the amount resulting | 75705 |
|
from the following: the amount of premiums | 75706 |
| insurer for sickness and accident insurance business plus the | 75707 |
| amount of losses recovered from reinsurance coverage minus the sum | 75708 |
| of the amount of claims for losses paid; the amount of losses | 75709 |
|
incurred but not reported; the amount | 75710 |
| fees, federal and state taxes, and reinsurance; and the incurred | 75711 |
| costs and expenses related, either directly or indirectly, to the | 75712 |
| payment of commissions, measures to control fraud, and managed | 75713 |
| care. | 75714 |
| (b) "Administrative expense" does not include any amounts | 75715 |
| collected, or administrative expenses incurred, by an insurer for | 75716 |
| the administration of an employee health benefit plan subject to | 75717 |
| regulation by the federal "Employee Retirement Income Security Act | 75718 |
| of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended. "Amounts | 75719 |
| collected or administrative expenses incurred" means the total | 75720 |
| amount paid to an administrator for the administration and payment | 75721 |
| of claims minus the sum of the amount of claims for losses paid | 75722 |
| and the amount of losses incurred but not reported. | 75723 |
| (2) "Insurer" means any insurance company authorized under | 75724 |
| Title XXXIX of the Revised Code to do the business of sickness and | 75725 |
| accident insurance in this state. | 75726 |
| (3) "Sickness and accident insurance business" does not | 75727 |
| include coverage provided by an insurer for specific diseases or | 75728 |
| accidents only; any hospital indemnity, medicare supplement, | 75729 |
| long-term care, disability income, one-time-limited-duration | 75730 |
| policy of no longer than six months, or other policy that offers | 75731 |
| only supplemental benefits; or coverage provided to individuals | 75732 |
| who are not residents of this state. | 75733 |
| (4) "Individual business" includes both individual sickness | 75734 |
| and accident insurance and sickness and accident insurance made | 75735 |
| available by insurers in the individual market to individuals, | 75736 |
| with or without family members or dependents, through group | 75737 |
| policies issued to one or more associations or entities. | 75738 |
| (B) Notwithstanding section 3941.14 of the Revised Code,
| 75739 |
| 75740 |
| | 75741 |
| 75742 | |
| 75743 | |
| 75744 | |
| 75745 |
| | 75746 |
| 75747 | |
| 75748 | |
| 75749 | |
| 75750 |
| | 75751 |
| 75752 | |
| 75753 | |
| 75754 | |
| 75755 |
| | 75756 |
| 75757 | |
| expenses of no more than twenty per cent of the premium income of | 75758 |
|
the insurer, based on the premiums | 75759 |
| the sickness and accident insurance business of the insurer. | 75760 |
| (C)(1) Each insurer, on the first day of January or within | 75761 |
| sixty days thereafter, shall annually prepare, under oath, and | 75762 |
| deposit in the office of the superintendent of insurance a | 75763 |
| statement of the aggregate administrative expenses of the insurer, | 75764 |
|
based on the premiums | 75765 |
| calendar year on the sickness and accident insurance business of | 75766 |
| the insurer. The statement shall itemize and separately detail all | 75767 |
| of the following information with respect to the insurer's | 75768 |
| sickness and accident insurance business: | 75769 |
| (a) The amount of premiums earned by the insurer both before | 75770 |
| and after any costs related to the insurer's purchase of | 75771 |
| reinsurance coverage; | 75772 |
| (b) The total amount of claims for losses paid by the insurer | 75773 |
| both before and after any reimbursement from reinsurance coverage; | 75774 |
| (c) The amount of any losses incurred by the insurer but not | 75775 |
| reported by the insurer in the current or prior year; | 75776 |
| (d) The amount of costs incurred by the insurer for state | 75777 |
| fees and federal and state taxes; | 75778 |
| (e) The amount of costs incurred by the insurer for | 75779 |
| reinsurance coverage; | 75780 |
| (f) The amount of costs incurred by the insurer that are | 75781 |
| related to the insurer's payment of commissions; | 75782 |
| (g) The amount of costs incurred by the insurer that are | 75783 |
| related to the insurer's fraud prevention measures; | 75784 |
| (h) The amount of costs incurred by the insurer that are | 75785 |
| related to managed care; and | 75786 |
| (i) Any other administrative expenses incurred by the | 75787 |
| insurer. | 75788 |
| (2) The statement also shall include all of the information | 75789 |
| required under division (C)(1) of this section separately detailed | 75790 |
| for the insurer's individual business, small group business, and | 75791 |
| large group business. | 75792 |
| (D) No insurer shall fail to comply with | 75793 |
| section. | 75794 |
| (E) If the superintendent determines that an insurer has | 75795 |
|
violated | 75796 |
| pursuant to an adjudication conducted in accordance with Chapter | 75797 |
| 119. of the Revised Code, may order the suspension of the | 75798 |
| insurer's license to do the business of sickness and accident | 75799 |
| insurance in this state until the superintendent is satisfied that | 75800 |
|
the insurer is in compliance with | 75801 |
| the insurer continues to do the business of sickness and accident | 75802 |
| insurance in this state while under the suspension order, the | 75803 |
| superintendent shall order the insurer to pay one thousand dollars | 75804 |
| for each day of the violation. | 75805 |
| (F) Any money collected by the superintendent under division | 75806 |
|
(E) of this section shall be deposited by | 75807 |
| into the state treasury to the credit of the department of | 75808 |
| insurance operating fund. | 75809 |
| Sec. 3923.122. (A) Every policy of group sickness and | 75810 |
| accident insurance providing hospital, surgical, or medical | 75811 |
| expense coverage for other than specific diseases or accidents | 75812 |
| only, and delivered, issued for delivery, or renewed in this state | 75813 |
| on or after January 1, 1976, shall include a provision giving each | 75814 |
| insured the option to convert to the following: | 75815 |
| (1) In the case of an individual who is not a federally | 75816 |
| eligible individual, any of the individual policies of hospital, | 75817 |
| surgical, or medical expense insurance then being issued by the | 75818 |
| insurer with benefit limits not to exceed those in effect under | 75819 |
| the group policy; | 75820 |
| (2) In the case of a federally eligible individual, a basic | 75821 |
|
or standard
plan established | 75822 |
| 75823 | |
| the Revised Code or plans substantially similar to the basic and | 75824 |
| standard plan in benefit design and scope of covered services. For | 75825 |
| purposes of division (A)(2) of this section, the superintendent of | 75826 |
| insurance shall determine whether a plan is substantially similar | 75827 |
| to the basic or standard plan in benefit design and scope of | 75828 |
| covered services. | 75829 |
| (B) An option for conversion to an individual policy shall be | 75830 |
| available without evidence of insurability to every insured, | 75831 |
| including any person eligible under division (D) of this section, | 75832 |
| who terminates employment or membership in the group holding the | 75833 |
| policy after having been continuously insured thereunder for at | 75834 |
| least one year. | 75835 |
| Upon receipt of the insured's written application and upon | 75836 |
| payment of at least the first quarterly premium not later than | 75837 |
| thirty-one days after the termination of coverage under the group | 75838 |
| policy, the insurer shall issue a converted policy on a form then | 75839 |
| available for conversion. The premium shall be in accordance with | 75840 |
| the insurer's table of premium rates in effect on the later of the | 75841 |
| following dates: | 75842 |
| (1) The effective date of the converted policy; | 75843 |
| (2) The date of application therefor; and shall be applicable | 75844 |
| to the class of risk to which each person covered belongs and to | 75845 |
| the form and amount of the policy at the person's then attained | 75846 |
| age. However, premiums charged federally eligible individuals may | 75847 |
|
not exceed an amount that is | 75848 |
| 75849 | |
| a group to which the insurer is currently accepting new business | 75850 |
| and for which similar copayments and deductibles are applied. | 75851 |
| At the election of the insurer, a separate converted policy | 75852 |
| may be issued to cover any dependent of an employee or member of | 75853 |
| the group. | 75854 |
| Except as provided in division (H) of this section, any | 75855 |
| converted policy shall become effective as of the day following | 75856 |
| the date of termination of insurance under the group policy. | 75857 |
| Any probationary or waiting period set forth in the converted | 75858 |
| policy is deemed to commence on the effective date of the | 75859 |
| insured's coverage under the group policy. | 75860 |
| (C) No insurer shall be required to issue a converted policy | 75861 |
| to any person who is, or is eligible to be, covered for benefits | 75862 |
| at least comparable to the group policy under: | 75863 |
| (1) Title XVIII of the Social Security Act, as amended or | 75864 |
| superseded; | 75865 |
| (2) Any act of congress or law under this or any other state | 75866 |
| of the United States that duplicates coverage offered under | 75867 |
| division (C)(1) of this section; | 75868 |
| (3) Any policy that duplicates coverage offered under | 75869 |
| division (C)(1) of this section; | 75870 |
| (4) Any other group sickness and accident insurance providing | 75871 |
| hospital, surgical, or medical expense coverage for other than | 75872 |
| specific diseases or accidents only. | 75873 |
| (D) The option for conversion shall be available: | 75874 |
| (1) Upon the death of the employee or member, to the | 75875 |
| surviving spouse with respect to such of the spouse and dependents | 75876 |
| as are then covered by the group policy; | 75877 |
| (2) To a child solely with respect to the child upon | 75878 |
| attaining the limiting age of coverage under the group policy | 75879 |
| while covered as a dependent thereunder; | 75880 |
| (3) Upon the divorce, dissolution, or annulment of the | 75881 |
| marriage of the employee or member, to the divorced spouse, or | 75882 |
| former spouse in the event of annulment, of such employee or | 75883 |
| member, or upon the legal separation of the spouse from such | 75884 |
| employee or member, to the spouse. | 75885 |
| Persons possessing the option for conversion pursuant to this | 75886 |
| division shall be considered members for the purposes of division | 75887 |
| (H) of this section. | 75888 |
| (E) If coverage is continued under a group policy on an | 75889 |
| employee following retirement prior to the time the employee is, | 75890 |
| or is eligible to be, covered by Title XVIII of the Social | 75891 |
| Security Act, the employee may elect, in lieu of the continuance | 75892 |
| of group insurance, to have the same conversion rights as would | 75893 |
| apply had the employee's insurance terminated at retirement by | 75894 |
| reason of termination of employment. | 75895 |
| (F) If the insurer and the group policyholder agree upon one | 75896 |
| or more additional plans of benefits to be available for converted | 75897 |
| policies, the applicant for the converted policy may elect such a | 75898 |
| plan in lieu of a converted policy. | 75899 |
| (G) The converted policy may contain provisions for avoiding | 75900 |
| duplication of benefits provided pursuant to divisions (C)(1), | 75901 |
| (2), (3), and (4) of this section or provided under any other | 75902 |
| insured or noninsured plan or program. | 75903 |
| (H) If an employee or member becomes entitled to obtain a | 75904 |
| converted policy pursuant to this section, and if the employee or | 75905 |
| member has not received notice of the conversion privilege at | 75906 |
| least fifteen days prior to the expiration of the thirty-one-day | 75907 |
| conversion period provided in division (B) of this section, then | 75908 |
| the employee or member has an additional period within which to | 75909 |
| exercise the privilege. This additional period shall expire | 75910 |
| fifteen days after the employee or member receives notice, but in | 75911 |
| no event shall the period extend beyond sixty days after the | 75912 |
| expiration of the thirty-one-day conversion period. | 75913 |
| Written notice presented to the employee or member, or mailed | 75914 |
| by the policyholder to the last known address of the employee or | 75915 |
| member as indicated on its records, constitutes notice for the | 75916 |
| purpose of this division. In the case of a person who is eligible | 75917 |
| for a converted policy under division (D)(2) or (D)(3) of this | 75918 |
| section, a policyholder shall not be responsible for presenting or | 75919 |
| mailing such notice, unless such policyholder has actual knowledge | 75920 |
| of the person's eligibility for a converted policy. | 75921 |
| If an additional period is allowed by an employee or member | 75922 |
| for the exercise of a conversion privilege, and if written | 75923 |
| application for the converted policy, accompanied by at least the | 75924 |
| first quarterly premium, is made after the expiration of the | 75925 |
| thirty-one-day conversion period, but within the additional period | 75926 |
| allowed an employee or member in accordance with this division, | 75927 |
| the effective date of the converted policy shall be the date of | 75928 |
| application. | 75929 |
| (I) The converted policy may provide that any hospital, | 75930 |
| surgical, or medical expense benefits otherwise payable with | 75931 |
| respect to any person may be reduced by the amount of any such | 75932 |
| benefits payable under the group policy for the same loss after | 75933 |
| termination of coverage. | 75934 |
| (J) The converted policy may contain: | 75935 |
| (1) Any exclusion, reduction, or limitation contained in the | 75936 |
| group policy or customarily used in individual policies issued by | 75937 |
| the insurer; | 75938 |
| (2) Any provision permitted in this section; | 75939 |
| (3) Any other provision not prohibited by law. | 75940 |
| Any provision required or permitted in this section may be | 75941 |
| made a part of any converted policy by means of an endorsement or | 75942 |
| rider. | 75943 |
| (K) The time limit specified in a converted policy for | 75944 |
| certain defenses with respect to any person who was covered by a | 75945 |
| group policy shall commence on the effective date of such person's | 75946 |
| coverage under the group policy. | 75947 |
| (L) No insurer shall use deterioration of health as the basis | 75948 |
| for refusing to renew a converted policy. | 75949 |
| (M) No insurer shall use age or health status as the basis | 75950 |
| for refusing to renew a converted policy. | 75951 |
| (N) A converted policy made available pursuant to this | 75952 |
| section shall, if delivery of the policy is to be made in this | 75953 |
| state, comply with this section. If delivery of a converted policy | 75954 |
| is to be made in another state, it may be on a form offered by the | 75955 |
| insurer in the jurisdiction where the delivery is to be made and | 75956 |
| which provides benefits substantially in compliance with those | 75957 |
| required in a policy delivered in this state. | 75958 |
| (O) As used in this
section | 75959 |
| (1) "Base rate" means, as to any health benefit plan that is | 75960 |
| issued by an insurer in the individual market, the lowest premium | 75961 |
| rate for new or existing business prescribed by the insurer for | 75962 |
| the same or similar coverage under a plan or arrangement covering | 75963 |
| any individual with similar case characteristics. | 75964 |
| (2) "Federally eligible individual" means an eligible | 75965 |
| individual as defined in 45 C.F.R. 148.103. | 75966 |
| Sec. 3923.24. | 75967 |
| the Revised Code, every certificate furnished by an insurer in | 75968 |
| connection with, or pursuant to any provision of, any group | 75969 |
| sickness and accident insurance policy delivered, issued for | 75970 |
| delivery, renewed, or used in this state on or after January 1, | 75971 |
|
1972, | 75972 |
| delivered, issued for delivery, renewed, or used in this state on | 75973 |
| or after January 1, 1972, and every multiple employer welfare | 75974 |
| arrangement offering an insurance program, which provides that | 75975 |
| coverage of an unmarried dependent child of a parent or legal | 75976 |
| guardian will terminate upon attainment of the limiting age for | 75977 |
| dependent children specified in the contract shall also provide | 75978 |
|
in substance
| 75979 |
| (1) Once an unmarried child has attained the limiting age for | 75980 |
| dependent children, as provided in the policy, upon the request of | 75981 |
| the insured, the insurer shall offer to cover the unmarried child | 75982 |
| until the child attains twenty-nine years of age if all of the | 75983 |
| following are true: | 75984 |
| (a) The child is a resident of this state or a full-time | 75985 |
| student at an accredited public or private institution of higher | 75986 |
| education. | 75987 |
| (b) The child is not employed by an employer that offers any | 75988 |
| health benefit plan under which the child is eligible for | 75989 |
| coverage. | 75990 |
| (c) The child is not eligible for coverage under the medicaid | 75991 |
| program established under Chapter 5111. of the Revised Code or the | 75992 |
| medicare program established under Title XVIII of the "Social | 75993 |
| Security Act," 42 U.S.C. 1395. | 75994 |
|
(2) That attainment of | 75995 |
|
children shall not operate to
terminate the coverage of | 75996 |
| dependent child if the child is and continues to be both of the | 75997 |
| following: | 75998 |
| | 75999 |
| mental retardation or physical handicap; | 76000 |
| | 76001 |
| certificate holder for support and maintenance. | 76002 |
| (B) Proof of such incapacity and dependence for purposes of | 76003 |
| division (A)(2) of this section shall be furnished by the | 76004 |
| policyholder or by the certificate holder to the insurer within | 76005 |
| thirty-one days of the child's attainment of the limiting age. | 76006 |
| Upon request, but not more frequently than annually after the | 76007 |
| two-year period following the child's attainment of the limiting | 76008 |
| age, the insurer may require proof satisfactory to it of the | 76009 |
| continuance of such incapacity and dependency. | 76010 |
| (C) Nothing in this section shall require an insurer to cover | 76011 |
| a dependent child who is mentally retarded or physically | 76012 |
| handicapped if the contract is underwritten on evidence of | 76013 |
| insurability based on health factors set forth in the application, | 76014 |
| or if such dependent child does not satisfy the conditions of the | 76015 |
| contract as to any requirement for evidence of insurability or | 76016 |
| other provision of the contract, satisfaction of which is required | 76017 |
| for coverage thereunder to take effect. In any such case, the | 76018 |
| terms of the contract shall apply with regard to the coverage or | 76019 |
| exclusion of the dependent from such coverage. Nothing in this | 76020 |
| section shall apply to accidental death or dismemberment benefits | 76021 |
| provided by any such policy of sickness and accident insurance. | 76022 |
| (D) Nothing in this section shall do any of the following: | 76023 |
| (1) Require that any policy offer coverage for dependent | 76024 |
| children or provide coverage for an unmarried dependent child's | 76025 |
| children as dependents on the policy; | 76026 |
| (2) Require an employer to pay for any part of the premium | 76027 |
| for an unmarried dependent child that has attained the limiting | 76028 |
| age for dependents, as provided in the policy; | 76029 |
| (3) Require an employer to offer health insurance coverage to | 76030 |
| the dependents of any employee. | 76031 |
| (E) This section does not apply to any policies or | 76032 |
| certificates covering only accident, credit, dental, disability | 76033 |
| income, long-term care, hospital indemnity, medicare supplement, | 76034 |
| specified disease, or vision care; coverage under a | 76035 |
| one-time-limited-duration policy of not longer than six months; | 76036 |
| coverage issued as a supplement to liability insurance; insurance | 76037 |
| arising out of a workers' compensation or similar law; automobile | 76038 |
| medical-payment insurance; or insurance under which benefits are | 76039 |
| payable with or without regard to fault and that is statutorily | 76040 |
| required to be contained in any liability insurance policy or | 76041 |
| equivalent self-insurance. | 76042 |
| (F) As used in this section, "health benefit plan" has the | 76043 |
| same meaning as in section 3924.01 of the Revised Code and also | 76044 |
| includes both of the following: | 76045 |
| (1) A public employee benefit plan; | 76046 |
| (2) A health benefit plan as regulated under the "Employee | 76047 |
| Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq. | 76048 |
| Sec. 3923.241. (A) Notwithstanding section 3901.71 of the | 76049 |
| Revised Code, any public employee benefit plan that provides that | 76050 |
| coverage of an unmarried dependent child will terminate upon | 76051 |
| attainment of the limiting age for dependent children specified in | 76052 |
| the plan shall also provide in substance both of the following: | 76053 |
| (1) Once an unmarried child has attained the limiting age for | 76054 |
| dependent children, as provided in the plan, upon the request of | 76055 |
| the employee, the public employee benefit plan shall offer to | 76056 |
| cover the unmarried child until the child attains twenty-nine | 76057 |
| years of age if all of the following are true: | 76058 |
| (a) The child is a resident of this state or a full-time | 76059 |
| student at an accredited public or private institution of higher | 76060 |
| education. | 76061 |
| (b) The child is not employed by an employer that offers any | 76062 |
| health benefit plan under which the child is eligible for | 76063 |
| coverage. | 76064 |
| (c) The child is not eligible for coverage under the medicaid | 76065 |
| program established under Chapter 5111. of the Revised Code or the | 76066 |
| medicare program established under Title XVIII of the "Social | 76067 |
| Security Act," 42 U.S.C. 1395. | 76068 |
| (2) That attainment of the limiting age for dependent | 76069 |
| children shall not operate to terminate the coverage of a | 76070 |
| dependent child if the child is and continues to be both of the | 76071 |
| following: | 76072 |
| (a) Incapable of self-sustaining employment by reason of | 76073 |
| mental retardation or physical handicap; | 76074 |
| (b) Primarily dependent upon the plan member for support and | 76075 |
| maintenance. | 76076 |
| (B) Proof of incapacity and dependence for purposes of | 76077 |
| division (A)(2) of this section shall be furnished to the public | 76078 |
| employee benefit plan within thirty-one days of the child's | 76079 |
| attainment of the limiting age. Upon request, but not more | 76080 |
| frequently than annually, the public employee benefit plan may | 76081 |
| require proof satisfactory to it of the continuance of such | 76082 |
| incapacity and dependency. | 76083 |
| (C) Nothing in this section shall do any of the following: | 76084 |
| (1) Require that any public employee benefit plan offer | 76085 |
| coverage for dependent children or provide coverage for an | 76086 |
| unmarried dependent child's children as dependents on the public | 76087 |
| employee benefit plan; | 76088 |
| (2) Require an employer to pay for any part of the premium | 76089 |
| for an unmarried dependent child that has attained the limiting | 76090 |
| age for dependents, as provided in the plan; | 76091 |
| (3) Require an employer to offer health insurance coverage to | 76092 |
| the dependents of any employee. | 76093 |
| (D) This section does not apply to any public employee | 76094 |
| benefit plan covering only accident, credit, dental, disability | 76095 |
| income, long-term care, hospital indemnity, medicare supplement, | 76096 |
| specified disease, or vision care; coverage under a | 76097 |
| one-time-limited-duration policy of not longer than six months; | 76098 |
| coverage issued as a supplement to liability insurance; insurance | 76099 |
| arising out of a workers' compensation or similar law; automobile | 76100 |
| medical-payment insurance; or insurance under which benefits are | 76101 |
| payable with or without regard to fault and which is statutorily | 76102 |
| required to be contained in any liability insurance policy or | 76103 |
| equivalent self-insurance. | 76104 |
| (E) As used in this section, "health benefit plan" has the | 76105 |
| same meaning as in section 3924.01 of the Revised Code and also | 76106 |
| includes both of the following: | 76107 |
| (1) A public employee benefit plan; | 76108 |
| (2) A health benefit plan as regulated under the "Employee | 76109 |
| Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq. | 76110 |
| Sec. 3923.57. Notwithstanding any provision of this chapter, | 76111 |
| every individual policy of sickness and accident insurance that is | 76112 |
| delivered, issued for delivery, or renewed in this state is | 76113 |
| subject to the following conditions, as applicable: | 76114 |
| (A) Pre-existing conditions provisions shall not exclude or | 76115 |
| limit coverage for a period beyond twelve months following the | 76116 |
| policyholder's effective date of coverage and may only relate to | 76117 |
| conditions during the six months immediately preceding the | 76118 |
| effective date of coverage. | 76119 |
| (B) In determining whether a pre-existing conditions | 76120 |
| provision applies to a policyholder or dependent, each policy | 76121 |
| shall credit the time the policyholder or dependent was covered | 76122 |
| under a previous policy, contract, or plan if the previous | 76123 |
|
coverage was continuous to a date not more than | 76124 |
| days prior to the effective date of the new coverage, exclusive of | 76125 |
| any applicable service waiting period under the policy. | 76126 |
| (C)(1) Except as otherwise provided in division (C) of this | 76127 |
| section, an insurer that provides an individual sickness and | 76128 |
| accident insurance policy to an individual shall renew or continue | 76129 |
| in force such coverage at the option of the individual. | 76130 |
| (2) An insurer may nonrenew or discontinue coverage of an | 76131 |
| individual in the individual market based only on one or more of | 76132 |
| the following reasons: | 76133 |
| (a) The individual failed to pay premiums or contributions in | 76134 |
| accordance with the terms of the policy or the insurer has not | 76135 |
| received timely premium payments. | 76136 |
| (b) The individual performed an act or practice that | 76137 |
| constitutes fraud or made an intentional misrepresentation of | 76138 |
| material fact under the terms of the policy. | 76139 |
| (c) The insurer is ceasing to offer coverage in the | 76140 |
| individual market in accordance with division (D) of this section | 76141 |
| and the applicable laws of this state. | 76142 |
| (d) If the insurer offers coverage in the market through a | 76143 |
| network plan, the individual no longer resides, lives, or works in | 76144 |
| the service area, or in an area for which the insurer is | 76145 |
| authorized to do business; provided, however, that such coverage | 76146 |
| is terminated uniformly without regard to any health | 76147 |
| status-related factor of covered individuals. | 76148 |
| (e) If the coverage is made available in the individual | 76149 |
| market only through one or more bona fide associations, the | 76150 |
| membership of the individual in the association, on the basis of | 76151 |
| which the coverage is provided, ceases; provided, however, that | 76152 |
| such coverage is terminated under division (C)(2)(e) of this | 76153 |
| section uniformly without regard to any health status-related | 76154 |
| factor of covered individuals. | 76155 |
| An insurer offering coverage to individuals solely through | 76156 |
| membership in a bona fide association shall not be deemed, by | 76157 |
| virtue of that offering, to be in the individual market for | 76158 |
| purposes of sections 3923.58 and 3923.581 of the Revised Code. | 76159 |
| Such an insurer shall not be required to accept applicants for | 76160 |
| coverage in the individual market pursuant to sections 3923.58 and | 76161 |
| 3923.581 of the Revised Code unless the insurer also offers | 76162 |
| coverage to individuals other than through bona fide associations. | 76163 |
| (3) An insurer may cancel or decide not to renew the coverage | 76164 |
| of a dependent of an individual if the dependent has performed an | 76165 |
| act or practice that constitutes fraud or made an intentional | 76166 |
| misrepresentation of material fact under the terms of the coverage | 76167 |
| and if the cancellation or nonrenewal is not based, either | 76168 |
| directly or indirectly, on any health status-related factor in | 76169 |
| relation to the dependent. | 76170 |
| (D)(1) If an insurer decides to discontinue offering a | 76171 |
| particular type of health insurance coverage offered in the | 76172 |
| individual market, coverage of such type may be discontinued by | 76173 |
| the insurer if the insurer does all of the following: | 76174 |
| (a) Provides notice to each individual provided coverage of | 76175 |
| this type in such market of the discontinuation at least ninety | 76176 |
| days prior to the date of the discontinuation of the coverage; | 76177 |
| (b) Offers to each individual provided coverage of this type | 76178 |
| in such market, the option to purchase any other individual health | 76179 |
| insurance coverage currently being offered by the insurer for | 76180 |
| individuals in that market; | 76181 |
| (c) In exercising the option to discontinue coverage of this | 76182 |
| type and in offering the option of coverage under division | 76183 |
| (D)(1)(b) of this section, acts uniformly without regard to any | 76184 |
| health status-related factor of covered individuals or of | 76185 |
| individuals who may become eligible for such coverage. | 76186 |
| (2) If an insurer elects to discontinue offering all health | 76187 |
| insurance coverage in the individual market in this state, health | 76188 |
| insurance coverage may be discontinued by the insurer only if both | 76189 |
| of the following apply: | 76190 |
| (a) The insurer provides notice to the department of | 76191 |
| insurance and to each individual of the discontinuation at least | 76192 |
| one hundred eighty days prior to the date of the expiration of the | 76193 |
| coverage. | 76194 |
| (b) All health insurance delivered or issued for delivery in | 76195 |
| this state in such market is discontinued and coverage under that | 76196 |
| health insurance in that market is not renewed. | 76197 |
| (3) In the event of a discontinuation under division (D)(2) | 76198 |
| of this section in the individual market, the insurer shall not | 76199 |
| provide for the issuance of any health insurance coverage in the | 76200 |
| market and this state during the five-year period beginning on the | 76201 |
| date of the discontinuation of the last health insurance coverage | 76202 |
| not so renewed. | 76203 |
| (E) Notwithstanding divisions (C) and (D) of this section, an | 76204 |
| insurer may, at the time of coverage renewal, modify the health | 76205 |
| insurance coverage for a policy form offered to individuals in the | 76206 |
| individual market if the modification is consistent with the law | 76207 |
| of this state and effective on a uniform basis among all | 76208 |
| individuals with that policy form. | 76209 |
| (F) Such policies are subject to sections 2743 and 2747 of | 76210 |
| the "Health Insurance Portability and Accountability Act of 1996," | 76211 |
| Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-43 and | 76212 |
| 300gg-47, as amended. | 76213 |
| (G) Sections 3924.031 and 3924.032 of the Revised Code shall | 76214 |
| apply to sickness and accident insurance policies offered in the | 76215 |
| individual market in the same manner as they apply to health | 76216 |
| benefit plans offered in the small employer market. | 76217 |
| In accordance with 45 C.F.R. 148.102, divisions (C) to (G) of | 76218 |
| this section also apply to all group sickness and accident | 76219 |
| insurance policies that are not sold in connection with an | 76220 |
| employment-related group health plan and that provide more than | 76221 |
| short-term, limited duration coverage. | 76222 |
| In applying divisions (C) to (G) of this section with respect | 76223 |
| to health insurance coverage that is made available by an insurer | 76224 |
| in the individual market to individuals only through one or more | 76225 |
| associations, the term "individual" includes the association of | 76226 |
| which the individual is a member. | 76227 |
| For purposes of this section, any policy issued pursuant to | 76228 |
| division (C) of section 3923.13 of the Revised Code in connection | 76229 |
| with a public or private college or university student health | 76230 |
| insurance program is considered to be issued to a bona fide | 76231 |
| association. | 76232 |
| As used in this section, "bona fide association" has the same | 76233 |
| meaning as in section 3924.03 of the Revised Code, and "health | 76234 |
| status-related factor" and "network plan" have the same meanings | 76235 |
| as in section 3924.031 of the Revised Code. | 76236 |
| This section does not apply to any policy that provides | 76237 |
| coverage for specific diseases or accidents only, or to any | 76238 |
| hospital indemnity, medicare supplement, long-term care, | 76239 |
| disability income, one-time-limited-duration policy of no longer | 76240 |
| than six months, or other policy that offers only supplemental | 76241 |
| benefits. | 76242 |
| Sec. 3923.58. (A) As used in sections 3923.58 and 3923.59 of | 76243 |
| the Revised Code: | 76244 |
| (1) | 76245 |
| that is issued by an insurer in the individual market, the lowest | 76246 |
| premium rate for new or existing business prescribed by the | 76247 |
| insurer for the same or similar coverage under a plan or | 76248 |
| arrangement covering any individual with similar case | 76249 |
| characteristics. | 76250 |
| (2) "Carrier," "health benefit plan," and "MEWA" have the | 76251 |
| same meanings as in section 3924.01 of the Revised Code. | 76252 |
| | 76253 |
| company authorized to do business in this state, or MEWA | 76254 |
| authorized to issue insured health benefit plans in this state. | 76255 |
| "Insurer" does not include any health insuring corporation that is | 76256 |
| owned or operated by an insurer. | 76257 |
| | 76258 |
| those plans established under section 3924.10 of the Revised Code. | 76259 |
| (5) "Pre-existing conditions provision" means a policy | 76260 |
| provision that excludes or limits coverage for charges or expenses | 76261 |
| incurred during a specified period following the insured's | 76262 |
| effective date of coverage as to a condition which, during a | 76263 |
| specified period immediately preceding the effective date of | 76264 |
| coverage, had manifested itself in such a manner as would cause an | 76265 |
| ordinarily prudent person to seek medical advice, diagnosis, care, | 76266 |
| or treatment or for which medical advice, diagnosis, care, or | 76267 |
| treatment was recommended or received, or a pregnancy existing on | 76268 |
| the effective date of coverage. | 76269 |
| (B) Beginning in January of each year, insurers in the | 76270 |
| business of issuing individual policies of sickness and accident | 76271 |
| insurance as contemplated by section 3923.021 of the Revised Code, | 76272 |
| except individual policies issued pursuant to section 3923.122 of | 76273 |
| the Revised Code, shall accept applicants for open enrollment | 76274 |
| coverage, as set forth in this division, in the order in which | 76275 |
| they apply for coverage and subject to the limitation set forth in | 76276 |
| division (G) of this section. Insurers shall accept for coverage | 76277 |
| pursuant to this section individuals to whom both of the following | 76278 |
| conditions apply: | 76279 |
| (1) The individual is not applying for coverage as an | 76280 |
| employee of an employer, as a member of an association, or as a | 76281 |
| member of any other group. | 76282 |
| (2) The individual is not covered, and is not eligible for | 76283 |
| coverage, under any other private or public health benefits | 76284 |
| arrangement, including the medicare program established under | 76285 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 76286 |
| U.S.C.A. 301, as amended, or any other act of congress or law of | 76287 |
| this or any other state of the United States that provides | 76288 |
| benefits comparable to the benefits provided under this section, | 76289 |
| any medicare supplement policy, or any continuation of coverage | 76290 |
| policy under state or federal law. | 76291 |
| (C) An insurer shall offer to any individual accepted under | 76292 |
| this section the Ohio health care basic and standard plans | 76293 |
| 76294 | |
| 76295 | |
| 76296 | |
| similar to the Ohio health care basic and standard plans in | 76297 |
| benefit plan design and scope of covered services. | 76298 |
| An insurer may offer other health benefit plans in addition | 76299 |
| to, but not in lieu of, the plans required to be offered under | 76300 |
| this division. A basic health benefit plan shall provide, at a | 76301 |
| minimum, the coverage provided by the Ohio health care basic plan | 76302 |
| or any health benefit plan that is substantially similar to the | 76303 |
| Ohio health care basic plan in benefit plan design and scope of | 76304 |
| covered services. A standard health benefit plan shall provide, at | 76305 |
| a minimum, the coverage provided by the Ohio health care standard | 76306 |
| plan or any health benefit plan that is substantially similar to | 76307 |
| the Ohio health care standard plan in benefit plan design and | 76308 |
| scope of covered services. | 76309 |
| For purposes of this division, the superintendent of | 76310 |
| insurance shall determine whether a health benefit plan is | 76311 |
| substantially similar to the Ohio health care basic and standard | 76312 |
| plans in benefit plan design and scope of covered services. | 76313 |
| (D)(1) Health benefit plans issued under this section may | 76314 |
| establish pre-existing conditions provisions that exclude or limit | 76315 |
| coverage for a period of up to twelve months following the | 76316 |
| individual's effective date of coverage and that may relate only | 76317 |
| to conditions during the six months immediately preceding the | 76318 |
| effective date of coverage. | 76319 |
| (2) In determining whether a pre-existing conditions | 76320 |
| provision applies to a policyholder or dependent, each policy | 76321 |
| shall credit the time the policyholder or dependent was covered | 76322 |
| under a previous policy, contract, or plan if the previous | 76323 |
| coverage was continuous to a date not more than sixty-three days | 76324 |
| prior to the effective date of the new coverage, exclusive of any | 76325 |
| applicable service waiting period under the policy. | 76326 |
| (E) Premiums charged to individuals under this section may | 76327 |
|
not exceed an amount that is | 76328 |
| 76329 | |
| individual to which the insurer is currently accepting new | 76330 |
| business, and for which similar copayments and deductibles are | 76331 |
| applied. | 76332 |
| (F) In offering health benefit plans under this section, an | 76333 |
| insurer may require the purchase of health benefit plans that | 76334 |
| condition the reimbursement of health services upon the use of a | 76335 |
| specific network of providers. | 76336 |
| (G)(1) | 76337 |
| to accept new applicants under this section if the total number of | 76338 |
|
new insureds accepted
annually under this section | 76339 |
| 76340 | |
| 76341 | |
|
Revised Code exceeds four and one-half per cent
of | 76342 |
| insurer's total number of insured individuals and nonemployer | 76343 |
|
group insureds in this state per
year, | 76344 |
| 76345 | |
| preceding thirty-first day of December and excluding the insurer's | 76346 |
| medicare supplement policies and conversion or continuation of | 76347 |
| coverage policies under state or federal law and any policies | 76348 |
| described in division (L) of this section. | 76349 |
| (2) An officer of the insurer shall certify to the department | 76350 |
| of insurance when it has met the enrollment limit set forth in | 76351 |
| division (G)(1) of this section. Upon providing such | 76352 |
| certification, the insurer shall be relieved of its open | 76353 |
| enrollment requirement under this section for the remainder of the | 76354 |
| calendar year. | 76355 |
| (H) An insurer shall not be required to accept under this | 76356 |
| section applicants who, at the time of enrollment, are confined to | 76357 |
| a health care facility because of chronic illness, permanent | 76358 |
| injury, or other infirmity that would cause economic impairment to | 76359 |
|
the insurer if the applicants were accepted | 76360 |
| not be required to make the effective date of benefits for | 76361 |
| individuals accepted under this section earlier than ninety days | 76362 |
| after the date of acceptance, except that when the individual had | 76363 |
| prior coverage with a health benefit plan that was terminated by a | 76364 |
| carrier because the carrier exited the market and the individual | 76365 |
| was accepted for open enrollment under this section within | 76366 |
| sixty-three days of that termination, the effective date of | 76367 |
| benefits shall be the date of enrollment. | 76368 |
| (I) The requirements of this section do not apply to any | 76369 |
| insurer that is currently in a state of supervision, insolvency, | 76370 |
| or liquidation. If an insurer demonstrates to the satisfaction of | 76371 |
| the superintendent that the requirements of this section would | 76372 |
| place the insurer in a state of supervision, insolvency, or | 76373 |
| liquidation, the superintendent may waive or modify the | 76374 |
| requirements of division (B) or (G) of this section. The actions | 76375 |
| of the superintendent under this division shall be effective for a | 76376 |
| period of not more than one year. At the expiration of such time, | 76377 |
| a new showing of need for a waiver or modification by the insurer | 76378 |
| shall be made before a new waiver or modification is issued or | 76379 |
| imposed. | 76380 |
| (J) No hospital, health care facility, or health care | 76381 |
| practitioner, and no person who employs any health care | 76382 |
| practitioner, shall balance bill any individual or dependent of an | 76383 |
| individual for any health care supplies or services provided to | 76384 |
| the individual or dependent who is insured under a policy issued | 76385 |
| under this section. The hospital, health care facility, or health | 76386 |
| care practitioner, or any person that employs the health care | 76387 |
| practitioner, shall accept payments made to it by the insurer | 76388 |
| under the terms of the policy or contract insuring or covering | 76389 |
| such individual as payment in full for such health care supplies | 76390 |
| or services. | 76391 |
| As used in this division, "hospital" has the same meaning as | 76392 |
| in section 3727.01 of the Revised Code; "health care practitioner" | 76393 |
| has the same meaning as in section 4769.01 of the Revised Code; | 76394 |
| and "balance bill" means charging or collecting an amount in | 76395 |
| excess of the amount reimbursable or payable under the policy or | 76396 |
| health care service contract issued to an individual under this | 76397 |
| section for such health care supply or service. "Balance bill" | 76398 |
| does not include charging for or collecting copayments or | 76399 |
| deductibles required by the policy or contract. | 76400 |
| (K) An insurer | 76401 |
| amount of not more than five per cent of the premium charged for | 76402 |
| initial placement or for otherwise securing the issuance of a | 76403 |
| policy or contract issued to an individual under this section, and | 76404 |
| not more than four per cent of the premium charged for the renewal | 76405 |
| of such a policy or contract. The superintendent may adopt, in | 76406 |
| accordance with Chapter 119. of the Revised Code, such rules as | 76407 |
| are necessary to enforce this division. | 76408 |
| (L) This section does not apply to any policy that provides | 76409 |
| coverage for specific diseases or accidents only, or to any | 76410 |
| hospital indemnity, medicare supplement, long-term care, | 76411 |
| disability income, one-time-limited-duration policy of no longer | 76412 |
| than six months, or other policy that offers only supplemental | 76413 |
| benefits. | 76414 |
| Sec. 3923.581. (A) As used in this section: | 76415 |
| (1) "Base rate" means, as to any health benefit plan that is | 76416 |
| issued by a carrier in the individual market, the lowest premium | 76417 |
| rate for new or existing business prescribed by the carrier for | 76418 |
| the same or similar coverage under a plan or arrangement covering | 76419 |
| any individual with similar case characteristics. | 76420 |
| (2) "Carrier," "health benefit plan," "MEWA," and | 76421 |
| "pre-existing conditions provision" have the same meanings as in | 76422 |
| section 3924.01 of the Revised Code. | 76423 |
| | 76424 |
| individual as defined in 45 C.F.R. 148.103. | 76425 |
| | 76426 |
| following: | 76427 |
| (a) Health status; | 76428 |
| (b) Medical condition, including both physical and mental | 76429 |
| illnesses; | 76430 |
| (c) Claims experience; | 76431 |
| (d) Receipt of health care; | 76432 |
| (e) Medical history; | 76433 |
| (f) Genetic information; | 76434 |
| (g) Evidence of insurability, including conditions arising | 76435 |
| out of acts of domestic violence; | 76436 |
| (h) Disability. | 76437 |
| | 76438 |
| 76439 | |
| 76440 | |
| 76441 | |
| 76442 |
| (5) "Network plan" means a health benefit plan of a carrier | 76443 |
| under which the financing and delivery of medical care, including | 76444 |
| items and services paid for as medical care, are provided, in | 76445 |
| whole or in part, through a defined set of providers under | 76446 |
| contract with the carrier. | 76447 |
| (6) "Ohio health care basic and standard plans" means those | 76448 |
| plans established under section 3924.10 of the Revised Code. | 76449 |
| (B) Beginning in January of each year, carriers in the | 76450 |
| business of issuing health benefit plans to individuals or | 76451 |
| nonemployer groups shall accept federally eligible individuals for | 76452 |
| open enrollment coverage, as provided in this section, in the | 76453 |
| order in which they apply for coverage and subject to the | 76454 |
| limitation set forth in division (J) of this section. | 76455 |
| (C) No carrier shall do either of the following: | 76456 |
| (1) Decline to offer such coverage to, or deny enrollment of, | 76457 |
| such individuals; | 76458 |
| (2) Apply any pre-existing conditions provision to such | 76459 |
| coverage. | 76460 |
| (D) A carrier shall offer to federally eligible individuals | 76461 |
|
the Ohio health care
basic and standard | 76462 |
| 76463 | |
|
plans substantially similar to
the
basic and standard | 76464 |
| in benefit design and scope of covered services. For purposes of | 76465 |
| this division, the superintendent of insurance shall determine | 76466 |
| whether a plan is substantially similar to the basic or standard | 76467 |
| plan in benefit design and scope of covered services. | 76468 |
| (E) Premiums charged to individuals under this section may | 76469 |
|
not
exceed an amount that is | 76470 |
| 76471 | |
| individual to which the carrier is currently accepting new | 76472 |
| business, and for which similar copayments and deductibles are | 76473 |
| applied. | 76474 |
| (F) If a carrier offers a health benefit plan in the | 76475 |
| individual market through a network plan, the carrier may do both | 76476 |
| of the following: | 76477 |
| (1) Limit the federally eligible individuals that may apply | 76478 |
| for such coverage to those who live, work, or reside in the | 76479 |
| service area of the network plan; | 76480 |
| (2) Within the service area of the network plan, deny the | 76481 |
| coverage to federally eligible individuals if the carrier has | 76482 |
| demonstrated both of the following to the superintendent: | 76483 |
| (a) The carrier will not have the capacity to deliver | 76484 |
|
services
adequately | 76485 |
| carrier's obligations to existing group contract holders and | 76486 |
| individuals. | 76487 |
| (b) The carrier is applying division (F)(2) of this section | 76488 |
| uniformly to all federally eligible individuals without regard to | 76489 |
| any health status-related factor of those individuals. | 76490 |
| (G) A carrier that, pursuant to division (F)(2) of this | 76491 |
| section, denies coverage to an individual in the service area of a | 76492 |
| network plan, shall not offer coverage in the individual market | 76493 |
| within that service area for at least one hundred eighty days | 76494 |
| after the date the coverage is denied. | 76495 |
| (H) A carrier may refuse to issue health benefit plans to | 76496 |
| federally eligible individuals if the carrier has demonstrated | 76497 |
| both of the following to the superintendent: | 76498 |
| (1) The carrier does not have the financial reserves | 76499 |
| necessary to underwrite additional coverage. | 76500 |
| (2) The carrier is applying division (H) of this section | 76501 |
| uniformly to all federally eligible individuals in this state | 76502 |
| consistent with the applicable laws and rules of this state and | 76503 |
| without regard to any health status-related factor relating to | 76504 |
| those individuals. | 76505 |
| (I) A carrier that, pursuant to division (H) of this section, | 76506 |
| refuses to issue health benefit plans to federally eligible | 76507 |
| individuals, shall not offer health benefit plans in the | 76508 |
| individual market in this state for at least one hundred eighty | 76509 |
| days after the date the coverage is denied or until the carrier | 76510 |
| has demonstrated to the superintendent that the carrier has | 76511 |
| sufficient financial reserves to underwrite additional coverage, | 76512 |
| whichever is later. | 76513 |
| (J)(1) Except as provided in division (J)(2) of this section, | 76514 |
|
a carrier shall not be
required to accept
| 76515 |
|
under this section | 76516 |
| 76517 | |
| 76518 | |
| accepted annually under this section and section 3923.58 of the | 76519 |
|
Revised Code exceeds four and one-half per cent
of | 76520 |
| carrier's total number of insured individuals and nonemployer | 76521 |
| 76522 | |
| immediately preceding thirty-first day of December and excluding | 76523 |
| the carrier's medicare supplement policies and conversion or | 76524 |
| continuation of coverage policies under state or federal law and | 76525 |
|
any policies described in division
| 76526 |
| the Revised Code. | 76527 |
| (2) An officer of the carrier shall certify to the department | 76528 |
| of insurance when it has met the enrollment limit set forth in | 76529 |
| division (J)(1) of this section. Upon providing such | 76530 |
| certification, the carrier shall be relieved of its open | 76531 |
| enrollment requirement under this section for the remainder of the | 76532 |
| calendar year unless, prior to the end of the calendar year, all | 76533 |
| the carriers subject to this section have individually met the | 76534 |
| enrollment limit set forth in division (J)(1) of this section. In | 76535 |
| that event, carriers shall again accept applicants for open | 76536 |
|
enrollment coverage pursuant to this section, subject to | 76537 |
| additional enrollment limit equal to that set forth in division | 76538 |
| (J)(1) of this section. | 76539 |
| (K) The superintendent may provide for the application of | 76540 |
| this section on a service-area-specific basis. | 76541 |
| (L) The requirements of this section do not apply to any | 76542 |
|
health
benefit plan described in division | 76543 |
| 3923.58 of the Revised Code. | 76544 |
| (M) A carrier may pay an agent a commission in the amount of | 76545 |
| not more than five per cent of the premium charged for initial | 76546 |
| placement or for otherwise securing the issuance of a policy or | 76547 |
| contract issued to an individual under this section, and not more | 76548 |
| than four per cent of the premium charged for the renewal of such | 76549 |
| a policy or contract. The superintendent may adopt, in accordance | 76550 |
| with Chapter 119. of the Revised Code, such rules as are necessary | 76551 |
| to enforce this division. | 76552 |
| Sec. 3923.66. (A) As used in sections 3923.66 to 3923.70 of | 76553 |
| the Revised Code: | 76554 |
| (1) "Clinical peer" and "physician" have the same meanings as | 76555 |
| in section 1751.77 of the Revised Code. | 76556 |
| (2) "Authorized person" means a parent, guardian, or other | 76557 |
| person authorized to act on behalf of an insured with respect to | 76558 |
| health care decisions. | 76559 |
| (B) Sections 3923.66 to 3923.70 of the Revised Code do not | 76560 |
| apply to any individual or group policy of sickness and accident | 76561 |
| insurance covering only accident, credit, dental, disability | 76562 |
| income, long-term care, hospital indemnity, medicare supplement, | 76563 |
| medicare, tricare, specified disease, or vision care; coverage | 76564 |
| issued as a supplement to liability insurance; insurance arising | 76565 |
| out of workers' compensation or similar law; automobile medical | 76566 |
| payment insurance; or insurance under which benefits are payable | 76567 |
| with or without regard to fault and which is statutorily required | 76568 |
| to be contained in any liability insurance policy or equivalent | 76569 |
| self-insurance. | 76570 |
| (C) The superintendent of insurance shall establish and | 76571 |
| maintain a system for receiving and reviewing requests for review | 76572 |
| from insureds who have been denied coverage of a health care | 76573 |
| service on the grounds that the service is not a service covered | 76574 |
| under the terms of the insured's policy or certificate. | 76575 |
| On receipt of a written request from an insured or authorized | 76576 |
| person, the superintendent shall consider whether the health care | 76577 |
| service is a service covered under the terms of the insured's | 76578 |
| policy or certificate, except that the superintendent shall not | 76579 |
| conduct a review under this section unless the insured has | 76580 |
| exhausted the insurer's internal review process. The insurer and | 76581 |
| the insured or authorized person shall provide the superintendent | 76582 |
| with any information required by the superintendent that is in | 76583 |
| their possession and is germane to the review. | 76584 |
| Unless the superintendent is not able to do so because making | 76585 |
| the determination requires resolution of a medical issue, the | 76586 |
| superintendent shall determine whether the health care service at | 76587 |
| issue is a service covered under the terms of the insured's policy | 76588 |
| or certificate. The superintendent shall notify the insured, or | 76589 |
| authorized person, and the insurer of its determination or that it | 76590 |
| is not able to make a determination because the determination | 76591 |
| requires the resolution of a medical issue. | 76592 |
| If the superintendent notifies the insurer that making the | 76593 |
| determination requires the resolution of a medical issue, the | 76594 |
|
insurer shall | 76595 |
| external review under section 3923.67 or 3923.68 of the Revised | 76596 |
| Code. If the superintendent notifies the insurer that the health | 76597 |
| care service is not a covered service, the insurer is not required | 76598 |
| to cover the service or afford the insured an external review. | 76599 |
| Sec. 3923.67. (A) Except as provided in divisions (B) and | 76600 |
| (C) of this section, an insurer shall afford an insured an | 76601 |
| opportunity for an external review of a coverage denial when | 76602 |
| requested by the insured or authorized person, if both of the | 76603 |
| following are the case: | 76604 |
| (1) The insurer has denied, reduced, or terminated coverage | 76605 |
| for what would be a covered health care service except that the | 76606 |
| insurer has determined that the health care service is not | 76607 |
| medically necessary. | 76608 |
| (2) Except in the case of expedited review, the proposed | 76609 |
| service, plus any ancillary services and follow-up care, will cost | 76610 |
| the insured more than five hundred dollars if the proposed service | 76611 |
| is not covered by the insurer. | 76612 |
| External review shall be conducted in accordance with this | 76613 |
| section, except that if an insured with a terminal condition meets | 76614 |
| all of the criteria of division (A) of section 3923.68 of the | 76615 |
| Revised Code, an external review shall be conducted under that | 76616 |
| section. | 76617 |
| (B) An insured need not be afforded a review under this | 76618 |
| section in any of the following circumstances: | 76619 |
| (1) The superintendent of insurance has determined under | 76620 |
| section 3923.66 of the Revised Code that the health care service | 76621 |
| is not a service covered under the terms of the insured's policy | 76622 |
| or certificate. | 76623 |
| (2) The insured has failed to exhaust the insurer's internal | 76624 |
| review process. | 76625 |
| (3) The insured has previously afforded an external review | 76626 |
| for the same denial of coverage, and no new clinical information | 76627 |
| has been submitted to the insurer. | 76628 |
| (C)(1) An insurer may deny a request from an insured for an | 76629 |
| external review of an adverse decision from the insurer's internal | 76630 |
|
appeal process
if it
is requested later than | 76631 |
|
eighty days after receipt | 76632 |
| 76633 | |
| 76634 | |
| 76635 | |
| external review may be requested by the insured, an authorized | 76636 |
| person, the insured's provider, or a health care facility | 76637 |
| rendering health care service to the insured. The insured may | 76638 |
| request a review without the approval of the provider or the | 76639 |
| health care facility rendering the health care service. The | 76640 |
| provider or health care facility may not request a review without | 76641 |
| the prior consent of the insured. | 76642 |
| (2) An external review must be requested in writing, except | 76643 |
| that if the insured has a condition that requires expedited | 76644 |
| review, the review may be requested orally or by electronic means. | 76645 |
| When an oral or electronic request for review is made, written | 76646 |
| confirmation of the request must be submitted to the insurer not | 76647 |
| later than five days after the request is made. | 76648 |
| Except in the case of an expedited review, a request for an | 76649 |
| external review must be accompanied by written certification from | 76650 |
| the insured's provider or the health care facility rendering the | 76651 |
| health care service to the insured that the proposed service, plus | 76652 |
| any ancillary services and follow-up care, will cost the insured | 76653 |
| more than five hundred dollars if the proposed service is not | 76654 |
| covered by the insurer. | 76655 |
| (3) For an expedited review, the insured's provider must | 76656 |
| certify that the insured's condition could, in the absence of | 76657 |
| immediate medical attention, result in any of the following: | 76658 |
| (a) Placing the health of the insured or, with respect to a | 76659 |
| pregnant woman, the health of the insured or the unborn child, in | 76660 |
| serious jeopardy; | 76661 |
| (b) Serious impairment to bodily functions; | 76662 |
| (c) Serious dysfunction of any bodily organ or part. | 76663 |
| (D) The procedures used in conducting an external review | 76664 |
| shall include all of the following: | 76665 |
| (1) The review shall be conducted by an independent review | 76666 |
| organization assigned by the superintendent of insurance under | 76667 |
| section 3901.80 of the Revised Code. | 76668 |
| (2) Except as provided in divisions (D)(3) and (4) of this | 76669 |
| section, neither the clinical peer nor any health care facility | 76670 |
| with which the clinical peer is affiliated shall have any | 76671 |
| professional, familial, or financial affiliation with any of the | 76672 |
| following: | 76673 |
| (a) The insurer or any officer, director, or managerial | 76674 |
| employee of the insurer; | 76675 |
| (b) The insured, the insured's provider, or the practice | 76676 |
| group of the insured's provider; | 76677 |
| (c) The health care facility at which the health care service | 76678 |
| requested by the insured would be provided; | 76679 |
| (d) The development or manufacture of the principal drug, | 76680 |
| device, procedure, or therapy proposed for the insured. | 76681 |
| (3) Division (D)(2) of this section does not prohibit a | 76682 |
| clinical peer from conducting a review under any of the following | 76683 |
| circumstances: | 76684 |
| (a) The clinical peer is affiliated with an academic medical | 76685 |
| center that provides health care services to insureds of the | 76686 |
| insurer. | 76687 |
| (b) The clinical peer has staff privileges at a health care | 76688 |
| facility that provides health care services to insureds of the | 76689 |
| insurer. | 76690 |
| (c) The clinical peer has a contractual relationship with the | 76691 |
| insurer but was not involved with the insurer's coverage decision. | 76692 |
| (4) Division (D)(2) of this section does not prohibit the | 76693 |
| insurer from paying the independent review organization for the | 76694 |
| conduct of the review. | 76695 |
| (5) An insured shall not be required to pay for any part of | 76696 |
| the cost of the review. The cost of the review shall be borne by | 76697 |
| the insurer. | 76698 |
| (6)(a) The insurer shall provide to the independent review | 76699 |
| organization conducting the review a copy of those records in its | 76700 |
| possession that are relevant to the insured's medical condition | 76701 |
| and the review. | 76702 |
| Records shall be used solely for the purpose of this | 76703 |
| division. At the request of the independent review organization, | 76704 |
| the insurer, insured, provider, or health care facility rendering | 76705 |
| health care services to the insured shall provide any additional | 76706 |
| information the independent review organization requests to | 76707 |
| complete the review. A request for additional information may be | 76708 |
| made in writing, orally, or by electronic means. The independent | 76709 |
| review organization shall submit the request to the insured and | 76710 |
| insurer. If a request is submitted orally or by electronic means | 76711 |
| to an insured or insurer, not later than five days after the | 76712 |
| request is submitted, the independent review organization shall | 76713 |
| provide written confirmation of the request. If the review was | 76714 |
| initiated by a provider or health care facility, a copy of the | 76715 |
| request shall be submitted to the provider or health care | 76716 |
| facility. | 76717 |
| (b) An independent review organization is not required to | 76718 |
| make a decision if it has not received any requested information | 76719 |
| that it considers necessary to complete a review. An independent | 76720 |
| review organization that does not make a decision for this reason | 76721 |
| shall notify the insured and the insurer that a decision is not | 76722 |
| being made. The notice may be made in writing, orally, or by | 76723 |
| electronic means. An oral or electronic notice shall be confirmed | 76724 |
| in writing not later than five days after the oral or electronic | 76725 |
| notice is made. If the review was initiated by a provider or | 76726 |
| health care facility, a copy of the notice shall be submitted to | 76727 |
| the provider or health care facility. | 76728 |
| (7) The insurer may elect to cover the service requested and | 76729 |
| terminate the review. The insurer shall notify the insured and all | 76730 |
| other parties involved with the decision by mail, or with the | 76731 |
| consent or approval of the insured, by electronic means. | 76732 |
| (8) In making its decision, an independent review | 76733 |
| organization conducting the review shall take into account all of | 76734 |
| the following: | 76735 |
| (a) Information submitted by the insurer, the insured, the | 76736 |
| insured's provider, and the health care facility rendering the | 76737 |
| health care service, including the following: | 76738 |
| (i) The insured's medical records; | 76739 |
| (ii) The standards, criteria, and clinical rationale used by | 76740 |
| the insurer to make its decision. | 76741 |
| (b) Findings, studies, research, and other relevant documents | 76742 |
| of government agencies and nationally recognized organizations, | 76743 |
| including the national institutes of health or any board | 76744 |
| recognized by the national institutes of health, the national | 76745 |
| cancer institute, the national academy of sciences, the United | 76746 |
| States food and drug administration, the health care financing | 76747 |
| administration of the United States department of health and human | 76748 |
| services, and the agency for health care policy and research; | 76749 |
| (c) Relevant findings in peer-reviewed medical or scientific | 76750 |
| literature, published opinions of nationally recognized medical | 76751 |
| experts, and clinical guidelines adopted by relevant national | 76752 |
| medical societies. | 76753 |
| (9)(a) In the case of an expedited review, the independent | 76754 |
| review organization shall issue a written decision not later than | 76755 |
| seven days after the filing of the request for review. In all | 76756 |
| other cases, the independent review organization shall issue a | 76757 |
| written decision not later than thirty days after the filing of | 76758 |
| the request. The independent review organization shall send a copy | 76759 |
| of its decision to the insurer and the insured. If the insured's | 76760 |
| provider or the health care facility rendering health care | 76761 |
| services to the insured requested the review, the independent | 76762 |
| review organization shall also send a copy of its decision to the | 76763 |
| insured's provider or the health care facility. | 76764 |
| (b) The independent review organization's decision shall | 76765 |
| include a description of the insured's condition and the principal | 76766 |
| reasons for the decision and an explanation of the clinical | 76767 |
| rationale for the decision. | 76768 |
| (E) The independent review organization shall base its | 76769 |
| decision on the information submitted under division (D)(8) of | 76770 |
| this section. In making its decision, the independent review | 76771 |
| organization shall consider safety, efficacy, appropriateness, and | 76772 |
| cost-effectiveness. | 76773 |
| (F) The insurer shall provide any coverage determined by the | 76774 |
| independent review organization's decision to be medically | 76775 |
| necessary, subject to the other terms, limitations, and conditions | 76776 |
| of the insured's policy or certificate. | 76777 |
| Sec. 3923.68. (A) Each insurer shall establish a reasonable | 76778 |
| external, independent review process to examine the insurer's | 76779 |
| coverage decisions for insureds who meet all of the following | 76780 |
| criteria: | 76781 |
| (1) The insured has a terminal condition that, according to | 76782 |
| the current diagnosis of the insured's physician, has a high | 76783 |
| probability of causing death within two years. | 76784 |
| (2) The insured requests a review not later than | 76785 |
| hundred eighty days after receipt by the insured of notice from | 76786 |
|
the | 76787 |
| 76788 | |
| 76789 |
| (3) The insured's physician certifies that the insured has | 76790 |
| the condition described in division (A)(1) of this section and any | 76791 |
| of the following situations are applicable: | 76792 |
| (a) Standard therapies have not been effective in improving | 76793 |
| the condition of the insured. | 76794 |
| (b) Standard therapies are not medically appropriate for the | 76795 |
| insured. | 76796 |
| (c) There is no standard therapy covered by the insurer that | 76797 |
| is more beneficial than therapy described in division (A)(4) of | 76798 |
| this section. | 76799 |
| (4) The insured's physician has recommended a drug, device, | 76800 |
| procedure, or other therapy that the physician certifies, in | 76801 |
| writing, is likely to be more beneficial to the insured, in the | 76802 |
| physician's opinion, than standard therapies, or the insured has | 76803 |
| requested a therapy that has been found in a preponderance of | 76804 |
| peer-reviewed published studies to be associated with effective | 76805 |
| clinical outcomes for the same condition. | 76806 |
| (5) The insured has been denied coverage by the insurer for | 76807 |
| a drug, device, procedure, or other therapy recommended or | 76808 |
| requested pursuant to division (A)(4) of this section, and has | 76809 |
| exhausted the insurer's internal review process. | 76810 |
| (6) The drug, device, procedure, or other therapy, for which | 76811 |
| coverage has been denied, would be a covered health care service | 76812 |
| except for the insurer's determination that the drug, device, | 76813 |
| procedure, or other therapy is experimental or investigational. | 76814 |
| (B) A review shall be requested in writing, except that if | 76815 |
| the insured's physician determines that a therapy would be | 76816 |
| significantly less effective if not promptly initiated, the review | 76817 |
| may be requested orally or by electronic means. When an oral or | 76818 |
| electronic request for review is made, written confirmation of the | 76819 |
| request shall be submitted to the insurer not later than five days | 76820 |
| after the oral or written request is submitted. | 76821 |
| (C) The external, independent review process established by | 76822 |
| an insurer shall meet all of the following criteria: | 76823 |
| (1) Except as provided in division (E) of this section, the | 76824 |
| process shall afford all insureds who meet the criteria set forth | 76825 |
| in division (A) of this section the opportunity to have the | 76826 |
| insurer's decision to deny coverage of the recommended or | 76827 |
| requested therapy reviewed under the process. Each eligible | 76828 |
| insured shall be notified of that opportunity within thirty | 76829 |
| business days after the insurer denies coverage. | 76830 |
| (2) The review shall be conducted by an independent review | 76831 |
| organization assigned by the superintendent of insurance under | 76832 |
| section 3901.80 of the Revised Code. | 76833 |
| The independent review organization shall select a panel to | 76834 |
| conduct the review, which panel shall be composed of at least | 76835 |
| three physicians or other providers who, through clinical | 76836 |
| experience in the past three years, are experts in the treatment | 76837 |
| of the insured's medical condition and knowledgeable about the | 76838 |
| recommended or requested therapy. | 76839 |
| In either of the following circumstances, an exception may be | 76840 |
| made to the requirement that the review be conducted by an expert | 76841 |
| panel composed of a minimum of three physicians or other | 76842 |
| providers: | 76843 |
| (a) A review may be conducted by an expert panel composed of | 76844 |
| only two physicians or other providers if an insured has consented | 76845 |
| in writing to a review by the smaller panel. | 76846 |
| (b) A review may be conducted by a single expert physician or | 76847 |
| other provider if only the expert physician or other provider is | 76848 |
| available for the review. | 76849 |
| (3) Neither the insurer nor the insured shall choose, or | 76850 |
| control the choice of, the physician or other provider experts. | 76851 |
| (4) The selected experts, any health care facility with which | 76852 |
| an expert is affiliated, and the independent review organization | 76853 |
| arranging for the experts' review shall not have any professional, | 76854 |
| familial, or financial affiliation with any of the following: | 76855 |
| (a) The insurer or any officer, director, or managerial | 76856 |
| employee of the insurer; | 76857 |
| (b) The insured, the insured's physician, | 76858 |
| group of the insured's physician; | 76859 |
| (c) The health care facility at which the recommended or | 76860 |
| requested therapy would be provided; | 76861 |
| (d) The development or manufacture of the principal drug, | 76862 |
| device, procedure, or therapy involved in the recommended or | 76863 |
| requested therapy. | 76864 |
| However, experts affiliated with academic medical centers who | 76865 |
| provide health care services to insureds of the insurer may serve | 76866 |
| as experts on the review panel. Further, experts with staff | 76867 |
| privileges at a health care facility that provides health care | 76868 |
| services to insureds of the insurer, as well as experts who have a | 76869 |
| contractual relationship with the insurer, but who were not | 76870 |
| involved with the insurer's denial of coverage for the therapy | 76871 |
| under review, may serve as experts on the review panel. These | 76872 |
| nonaffiliation provisions do not preclude an insurer from paying | 76873 |
| for the experts' review, as specified in division (C)(5) of this | 76874 |
| section. | 76875 |
| (5) Insureds shall not be required to pay for any part of the | 76876 |
| cost of the review. The cost of the review shall be borne by the | 76877 |
| insurer. | 76878 |
| (6) The insurer shall provide to the independent review | 76879 |
| organization arranging for the experts' review a copy of those | 76880 |
| records in the insurer's possession that are relevant to the | 76881 |
| insured's medical condition and the review. The records shall be | 76882 |
| disclosed solely to the expert reviewers and shall be used solely | 76883 |
| for the purpose of this section. At the request of the expert | 76884 |
| reviewers, the insurer or the physician requesting the therapy | 76885 |
| shall provide any additional information that the expert reviewers | 76886 |
| request to complete the review. An expert reviewer is not required | 76887 |
| to render an opinion if the reviewer has not received any | 76888 |
| requested information that the reviewer considers necessary to | 76889 |
| complete the review. | 76890 |
| (7)(a) In the case of an expedited review, the independent | 76891 |
| review organization shall issue a written decision not later than | 76892 |
| seven days after the filing of the request for review. In all | 76893 |
| other cases, the independent review organization shall issue a | 76894 |
| written decision not later than thirty days after the filing of | 76895 |
| the request. The independent review organization shall send a copy | 76896 |
| of its decision to the insurer and the insured. If the insured's | 76897 |
| provider or the health care facility rendering health care | 76898 |
| services to the insured requested the review, the independent | 76899 |
| review organization shall also send a copy of its decision to the | 76900 |
| insured's provider or the health care facility. | 76901 |
| (b) In conducting the review, the experts on the panel shall | 76902 |
| take into account all of the following: | 76903 |
| (i) Information submitted by the insurer, the insured, and | 76904 |
| the insured's physician, including the insured's medical records | 76905 |
| and the standards, criteria, and clinical rationale used by the | 76906 |
| insurer to reach its coverage decision; | 76907 |
| (ii) Findings, studies, research, and other relevant | 76908 |
| documents of government agencies and nationally recognized | 76909 |
| organizations; | 76910 |
| (iii) Relevant findings in peer-reviewed medical or | 76911 |
| scientific literature and published opinions of nationally | 76912 |
| recognized medical experts; | 76913 |
| (iv) Clinical guidelines adopted by relevant national medical | 76914 |
| societies; | 76915 |
| (v) Safety, efficacy, appropriateness, and cost | 76916 |
| effectiveness. | 76917 |
| (8) Each expert on the panel shall provide the independent | 76918 |
| review organization with a professional opinion as to whether | 76919 |
| there is sufficient evidence to demonstrate that the recommended | 76920 |
| or requested therapy is likely to be more beneficial to the | 76921 |
| insured than standard therapies. | 76922 |
| (9) Each expert's opinion shall be presented in written form | 76923 |
| and shall include the following information: | 76924 |
| (a) A description of the insured's condition; | 76925 |
| (b) A description of the indicators relevant to determining | 76926 |
| whether there is sufficient evidence to demonstrate that the | 76927 |
| recommended or requested therapy is more likely than not to be | 76928 |
| more beneficial to the insured than standard therapies; | 76929 |
| (c) A description and analysis of any relevant findings | 76930 |
| published in peer-reviewed medical or scientific literature or the | 76931 |
| published opinions of medical experts or specialty societies; | 76932 |
| (d) A description of the insured's suitability to receive the | 76933 |
| recommended or requested therapy according to a treatment protocol | 76934 |
| in a clinical trial, if applicable. | 76935 |
| (10) The independent review organization shall provide the | 76936 |
| insurer with the opinions of the experts. The insurer shall make | 76937 |
| the experts' opinions available to the insured and the insured's | 76938 |
| physician, upon request. | 76939 |
| (11) The opinion of the majority of the experts on the panel, | 76940 |
| rendered pursuant to division (C)(8) of this section, is binding | 76941 |
| on the insurer with respect to that insured. If the opinions of | 76942 |
| the experts on the panel are evenly divided as to whether the | 76943 |
| therapy should be covered, the insurer's final decision shall be | 76944 |
| in favor of coverage. If less than a majority of the experts on | 76945 |
| the panel recommend coverage of the therapy, the insurer may, in | 76946 |
| its discretion, cover the therapy. However, any coverage provided | 76947 |
| pursuant to division (C)(11) of this section is subject to the | 76948 |
| terms, limitations, and conditions of the insured's policy or | 76949 |
| certificate with the insurer. | 76950 |
| (12) The insurer shall have written policies describing the | 76951 |
| external, independent review process. | 76952 |
| (D) If an insurer's initial denial of coverage for a therapy | 76953 |
| recommended or requested pursuant to division (A)(3) of this | 76954 |
| section is based upon an external, independent review of that | 76955 |
| therapy meeting the requirements of division (C) of this section, | 76956 |
| this section shall not be a basis for requiring a second external, | 76957 |
| independent review of the recommended or requested therapy. | 76958 |
| (E) At any time during the external, independent review | 76959 |
| process, the insurer may elect to cover the recommended or | 76960 |
| requested health care service and terminate the review. The | 76961 |
| insurer shall notify the insured and all other parties involved by | 76962 |
| mail or, with consent or approval of the insured, by electronic | 76963 |
| means. | 76964 |
| (F) The insurer shall annually file a certificate with the | 76965 |
| superintendent of insurance certifying its compliance with the | 76966 |
| requirements of this section. | 76967 |
| Sec. 3923.75. (A) As used in sections 3923.75 to 3923.79 of | 76968 |
| the Revised Code: | 76969 |
| (1) "Clinical peer" and "physician" have the same meanings as | 76970 |
| in section 1751.77 of the Revised Code. | 76971 |
| (2) "Authorized person" means a parent, guardian, or other | 76972 |
| person authorized to act on behalf of a plan member with respect | 76973 |
| to health care decisions. | 76974 |
| (B) Sections 3923.75 to 3923.79 of the Revised Code do not | 76975 |
| apply to any public employee benefit plan covering only accident, | 76976 |
| credit, dental, disability income, long-term care, hospital | 76977 |
| indemnity, medicare supplement, medicare, tricare, specified | 76978 |
| disease, or vision care; coverage issued as a supplement to | 76979 |
| liability insurance; insurance arising out of workers' | 76980 |
| compensation or similar law; automobile medical payment insurance; | 76981 |
| or insurance under which benefits are payable with or without | 76982 |
| regard to fault and which is statutorily required to be contained | 76983 |
| in any liability insurance policy or equivalent self-insurance. | 76984 |
| (C) The superintendent of insurance shall establish and | 76985 |
| maintain a system for receiving and reviewing requests for review | 76986 |
| from plan members who have been denied coverage of a health care | 76987 |
| service on the grounds that the service is not a service covered | 76988 |
| under the terms of the public employee benefit plan. | 76989 |
| On receipt of a written request from a plan member or | 76990 |
| authorized person, the superintendent shall consider whether the | 76991 |
| health care service is a service covered under the terms of the | 76992 |
| plan, except that the superintendent shall not conduct a review | 76993 |
| under this section unless the plan member has exhausted the plan's | 76994 |
| internal review process. The plan and the plan member or | 76995 |
| authorized person shall provide the superintendent with any | 76996 |
| information required by the superintendent that is in their | 76997 |
| possession and is germane to the review. | 76998 |
| Unless the superintendent is not able to do so because making | 76999 |
| the determination requires resolution of a medical issue, the | 77000 |
| superintendent shall determine whether the health care service at | 77001 |
| issue is a service covered under the terms of the plan. The | 77002 |
| superintendent shall notify the plan member, or authorized person, | 77003 |
| and the plan of its determination or that it is not able to make a | 77004 |
| determination because the determination requires the resolution of | 77005 |
| a medical issue. | 77006 |
| If the superintendent notifies the plan that making the | 77007 |
| determination requires the resolution of a medical issue, the plan | 77008 |
|
shall | 77009 |
| review under section 3923.76 or 3923.77 of the Revised Code. If | 77010 |
| the superintendent notifies the plan that the health care service | 77011 |
| is not a covered service, the plan is not required to cover the | 77012 |
| service or afford the plan member an external review. | 77013 |
| Sec. 3923.76. (A) Except as provided in divisions (B) and | 77014 |
| (C) of this section, a public employee benefit plan shall afford a | 77015 |
| plan member an opportunity for an external review of a coverage | 77016 |
| denial when requested by the plan member or authorized person, if | 77017 |
| both of the following are the case: | 77018 |
| (1) The plan has denied, reduced, or terminated coverage for | 77019 |
| what would be a covered health care service except that the plan | 77020 |
| has determined that the health care service is not medically | 77021 |
| necessary. | 77022 |
| (2) Except in the case of expedited review, the proposed | 77023 |
| service, plus any ancillary services and follow-up care, will cost | 77024 |
| the plan member more than five hundred dollars if the proposed | 77025 |
| service is not covered by the plan. | 77026 |
| External review shall be conducted in accordance with this | 77027 |
| section, except that if a plan member with a terminal condition | 77028 |
| meets all of the criteria of division (A) of section 3923.77 of | 77029 |
| the Revised Code, an external review shall be conducted under that | 77030 |
| section. | 77031 |
| (B) A plan member need not be afforded a review under this | 77032 |
| section in any of the following circumstances: | 77033 |
| (1) The superintendent of insurance has determined under | 77034 |
| section 3923.75 of the Revised Code that the health care service | 77035 |
| is not a service covered under the terms of the plan. | 77036 |
| (2) The plan member has failed to exhaust the plan's internal | 77037 |
| review process. | 77038 |
| (3) The plan member has previously been afforded an external | 77039 |
| review for the same denial of coverage, and no new clinical | 77040 |
| information has been submitted to the plan. | 77041 |
| (C)(1) A plan may deny a request from a plan member for an | 77042 |
| external review of an adverse decision from the plan's internal | 77043 |
|
appeal process if it
is
requested later than | 77044 |
| eighty days after receipt by the plan member of notice from the | 77045 |
| 77046 | |
| 77047 | |
| 77048 | |
| be requested by the plan member, an authorized person, the plan | 77049 |
| member's provider, or a health care facility rendering health care | 77050 |
| service to the plan member. The plan member may request a review | 77051 |
| without the approval of the provider or the health care facility | 77052 |
| rendering the health care service. The provider or health care | 77053 |
| facility may not request a review without the prior consent of the | 77054 |
| plan member. | 77055 |
| (2) An external review must be requested in writing, except | 77056 |
| that if the plan member has a condition that requires expedited | 77057 |
| review, the review may be requested orally or by electronic means. | 77058 |
| When an oral or electronic request for review is made, written | 77059 |
| confirmation of the request must be submitted to the plan not | 77060 |
| later than five days after the request is made. | 77061 |
| Except in the case of an expedited review, a request for an | 77062 |
| external review must be accompanied by written certification from | 77063 |
| the plan member's provider or the health care facility rendering | 77064 |
| the health care service to the plan member that the proposed | 77065 |
| service, plus any ancillary services and follow-up care, will cost | 77066 |
| the plan member more than five hundred dollars if the proposed | 77067 |
| service is not covered by the plan. | 77068 |
| (3) For an expedited review, the plan member's provider must | 77069 |
| certify that the plan member's condition could, in the absence of | 77070 |
| immediate medical attention, result in any of the following: | 77071 |
| (a) Placing the health of the plan member or, with respect to | 77072 |
| a pregnant woman, the health of the plan member or the unborn | 77073 |
| child, in serious jeopardy; | 77074 |
| (b) Serious impairment to bodily functions; | 77075 |
| (c) Serious dysfunction of any bodily organ or part. | 77076 |
| (D) The procedures used in conducting an external review | 77077 |
| shall include all of the following: | 77078 |
| (1) The review shall be conducted by an independent review | 77079 |
| organization assigned by the superintendent of insurance under | 77080 |
| section 3901.80 of the Revised Code. | 77081 |
| (2) Except as provided in divisions (D)(3) and (4) of this | 77082 |
| section, neither the clinical peer nor any health care facility | 77083 |
| with which the clinical peer is affiliated shall have any | 77084 |
| professional, familial, or financial affiliation with any of the | 77085 |
| following: | 77086 |
| (a) The plan or any officer, director, or managerial employee | 77087 |
| of the plan; | 77088 |
| (b) The plan member, the plan member's provider, or the | 77089 |
| practice group of the plan member's provider; | 77090 |
| (c) The health care facility at which the health care service | 77091 |
|
requested by the plan member would be provided | 77092 |
| (d) The development or manufacture of the principal drug, | 77093 |
| device, procedure, or therapy proposed for the plan member. | 77094 |
| (3) Division (D)(2) of this section does not prohibit a | 77095 |
| clinical peer from conducting a review under any of the following | 77096 |
| circumstances: | 77097 |
| (a) The clinical peer is affiliated with an academic medical | 77098 |
| center that provides health care services to members of the plan. | 77099 |
| (b) The clinical peer has staff privileges at a health care | 77100 |
| facility that provides health care services to members of the | 77101 |
| plan. | 77102 |
| (c) The clinical peer has a contractual relationship with the | 77103 |
| plan but was not involved with the plan's coverage decision. | 77104 |
| (4) Division (D)(2) of this section does not prohibit the | 77105 |
| plan from paying the independent review organization for the | 77106 |
| conduct of the review. | 77107 |
| (5) A plan member shall not be required to pay for any part | 77108 |
| of the cost of the review. The cost of the review shall be borne | 77109 |
| by the plan. | 77110 |
| (6)(a) The plan shall provide to the independent review | 77111 |
| organization conducting the review a copy of those records in its | 77112 |
| possession that are relevant to the plan member's medical | 77113 |
| condition and the review. | 77114 |
| Records shall be used solely for the purpose of this | 77115 |
| division. At the request of the independent review organization, | 77116 |
| the plan, plan member, provider, or health care facility rendering | 77117 |
| health care services to the plan member shall provide any | 77118 |
| additional information the independent review organization | 77119 |
| requests to complete the review. A request for additional | 77120 |
| information may be made in writing, orally, or by electronic | 77121 |
| means. The independent review organization shall submit the | 77122 |
| request to the plan member and the plan. If a request is submitted | 77123 |
| orally or by electronic means to a plan member or plan, not later | 77124 |
| than five days after the request is submitted, the independent | 77125 |
| review organization shall provide written confirmation of the | 77126 |
| request. If the review was initiated by a provider or health care | 77127 |
| facility, a copy of the request shall be submitted to the provider | 77128 |
| or health care facility. | 77129 |
| (b) An independent review organization is not required to | 77130 |
| make a decision if it has not received any requested information | 77131 |
| that it considers necessary to complete a review. An independent | 77132 |
| review organization that does not make a decision for this reason | 77133 |
| shall notify the plan member and the plan that a decision is not | 77134 |
| being made. The notice may be made in writing, orally, or by | 77135 |
| electronic means. An oral or electronic notice shall be confirmed | 77136 |
| in writing not later than five days after the oral or electronic | 77137 |
| notice is made. If the review was initiated by a provider or | 77138 |
| health care facility, a copy of the notice shall be submitted to | 77139 |
| the provider or health care facility. | 77140 |
| (7) The plan may elect to cover the service requested and | 77141 |
| terminate the review. The plan shall notify the plan member and | 77142 |
| all other parties involved with the decision by mail, or with the | 77143 |
| consent or approval of the plan member, by electronic means. | 77144 |
| (8) In making its decision, an independent review | 77145 |
| organization conducting the review shall take into account all of | 77146 |
| the following: | 77147 |
| (a) Information submitted by the plan, the plan member, the | 77148 |
| plan member's provider, and the health care facility rendering the | 77149 |
| health care service, including the following: | 77150 |
| (i) The plan member's medical records; | 77151 |
| (ii) The standards, criteria, and clinical rationale used by | 77152 |
| the plan to make its decision. | 77153 |
| (b) Findings, studies, research, and other relevant documents | 77154 |
| of government agencies and nationally recognized organizations, | 77155 |
| including the national institutes of health or any board | 77156 |
| recognized by the national institutes of health, the national | 77157 |
| cancer institute, the national academy of sciences, the United | 77158 |
| States food and drug administration, the health care financing | 77159 |
| administration of the United States department of health and human | 77160 |
| services, and the agency for health care policy and research; | 77161 |
| (c) Relevant findings in peer-reviewed medical or scientific | 77162 |
| literature, published opinions of nationally recognized medical | 77163 |
| experts, and clinical guidelines adopted by relevant national | 77164 |
| medical societies. | 77165 |
| (9)(a) In the case of an expedited review, the independent | 77166 |
| review organization shall issue a written decision not later than | 77167 |
| seven days after the filing of the request for review. In all | 77168 |
| other cases, the independent review organization shall issue a | 77169 |
| written decision not later than thirty days after the filing of | 77170 |
| the request. The independent review organization shall send a copy | 77171 |
| of its decision to the plan and the plan member. If the plan | 77172 |
| member's provider or the health care facility rendering health | 77173 |
| care services to the plan member requested the review, the | 77174 |
| independent review organization shall also send a copy of its | 77175 |
| decision to the plan member's provider or the health care | 77176 |
| facility. | 77177 |
| (b) The independent review organization's decision shall | 77178 |
| include a description of the plan member's condition and the | 77179 |
| principal reasons for the decision and an explanation of the | 77180 |
| clinical rationale for the decision. | 77181 |
| (E) The independent review organization shall base its | 77182 |
| decision on the information submitted under division (D)(8) of | 77183 |
| this section. In making its decision, the independent review | 77184 |
| organization shall consider safety, efficacy, appropriateness, and | 77185 |
| cost-effectiveness. | 77186 |
| (F) The plan shall provide any coverage determined by the | 77187 |
| independent review organization's decision to be medically | 77188 |
| necessary, subject to the other terms, limitations, and conditions | 77189 |
| of the plan. | 77190 |
| Sec. 3923.77. (A) Each public employee benefit plan shall | 77191 |
| establish a reasonable external review process to examine the | 77192 |
| plan's coverage decisions for plan members who meet all of the | 77193 |
| following criteria: | 77194 |
| (1) The plan member has a terminal condition that, according | 77195 |
| to the current diagnosis of the plan member's physician, has a | 77196 |
| high probability of causing death within two years. | 77197 |
| (2) The plan member requests a review not later than | 77198 |
| one hundred eighty days after receipt by the plan member of | 77199 |
|
notice from the
| 77200 |
| 77201 | |
| 77202 |
| (3) The plan member's physician certifies that the plan | 77203 |
| member has the condition described in division (A)(1) of this | 77204 |
| section and any of the following situations are applicable: | 77205 |
| (a) Standard therapies have not been effective in improving | 77206 |
| the condition of the plan member. | 77207 |
| (b) Standard therapies are not medically appropriate for the | 77208 |
| plan member. | 77209 |
| (c) There is no standard therapy covered by the plan that is | 77210 |
| more beneficial than therapy described in division (A)(4) of this | 77211 |
| section. | 77212 |
| (4) The plan member's physician has recommended a drug, | 77213 |
| device, procedure, or other therapy that the physician certifies, | 77214 |
| in writing, is likely to be more beneficial to the plan member, in | 77215 |
| the physician's opinion, than standard therapies, or the plan | 77216 |
| member has requested a therapy that has been found in a | 77217 |
| preponderance of peer-reviewed published studies to be associated | 77218 |
| with effective clinical outcomes for the same condition. | 77219 |
| (5) The plan member has been denied coverage by the plan for | 77220 |
| a drug, device, procedure, or other therapy recommended or | 77221 |
| requested pursuant to division (A)(4) of this section, and has | 77222 |
| exhausted all internal appeals. | 77223 |
| (6) The drug, device, procedure, or other therapy, for which | 77224 |
| coverage has been denied, would be a covered health care service | 77225 |
| except for the plan's determination that the drug, device, | 77226 |
| procedure, or other therapy is experimental or investigational. | 77227 |
| (B) A review shall be requested in writing, except that if | 77228 |
| the plan member's physician determines that a therapy would be | 77229 |
| significantly less effective if not promptly initiated, the review | 77230 |
| may be requested orally or by electronic means. When an oral or | 77231 |
| electronic request for review is made, written confirmation of the | 77232 |
| request shall be submitted to the plan not later than five days | 77233 |
| after the oral or written request is submitted. For an expedited | 77234 |
| review, the plan member's provider must certify that the requested | 77235 |
| or recommended therapy would be significantly less effective if | 77236 |
| not promptly initiated. | 77237 |
| (C) The external review process established by a plan shall | 77238 |
| meet all of the following criteria: | 77239 |
| (1) Except as provided in division (E) of this section, the | 77240 |
| process shall afford all plan members who meet the criteria set | 77241 |
| forth in division (A) of this section the opportunity to have the | 77242 |
| plan's decision to deny coverage of the recommended or requested | 77243 |
| therapy reviewed under the process. Each eligible plan member | 77244 |
| shall be notified of that opportunity within thirty business days | 77245 |
| after the plan denies coverage. | 77246 |
| (2) The review shall be conducted by an independent review | 77247 |
| organization assigned by the superintendent of insurance under | 77248 |
| section 3901.80 of the Revised Code. The independent review | 77249 |
| organization shall select a panel to conduct the review, which | 77250 |
| panel shall be composed of at least three physicians or other | 77251 |
| providers who, through clinical experience in the past three | 77252 |
| years, are experts in the treatment of the plan member's medical | 77253 |
| condition and knowledgeable about the recommended or requested | 77254 |
| therapy. If the independent review organization retained by the | 77255 |
| plan is an academic medical center, the panel may include experts | 77256 |
| affiliated with or employed by the academic medical center. | 77257 |
| In either of the following circumstances, an exception may be | 77258 |
| made to the requirement that the review be conducted by an expert | 77259 |
| panel composed of a minimum of three physicians or other | 77260 |
| providers: | 77261 |
| (a) A review may be conducted by an expert panel composed of | 77262 |
| only two physicians or other providers if a plan member has | 77263 |
| consented in writing to a review by the smaller panel. | 77264 |
| (b) A review may be conducted by a single expert physician or | 77265 |
| other provider if only the expert physician or other provider is | 77266 |
| available for the review. | 77267 |
| (3) Neither the plan nor the plan member shall choose, or | 77268 |
| control the choice of, the physician or other provider experts. | 77269 |
| (4) The selected experts, any health care facility with which | 77270 |
| an expert is affiliated, and the independent review organization | 77271 |
| arranging for the experts' review shall not have any professional, | 77272 |
| familial, or financial affiliation with any of the following: | 77273 |
| (a) The plan or any officer, director, or managerial employee | 77274 |
| of the plan; | 77275 |
| (b) The plan member, the plan member's physician, or the | 77276 |
| practice group of the plan member's physician; | 77277 |
| (c) The health care facility at which the recommended or | 77278 |
| requested therapy would be provided; | 77279 |
| (d) The development or manufacture of the principal drug, | 77280 |
| device, procedure, or therapy involved in the recommended or | 77281 |
| requested therapy. However, experts affiliated with academic | 77282 |
| medical centers who provide health care services to members of the | 77283 |
| plan may serve as experts on the review panel. Further, experts | 77284 |
| with staff privileges at a health care facility that provides | 77285 |
| health care services to members of the plan, as well as experts | 77286 |
| who have a contractual relationship with the plan, but who were | 77287 |
| not involved with the plan's denial of coverage for the therapy | 77288 |
| under review, may serve as experts on the review panel. These | 77289 |
| nonaffiliation provisions do not preclude a plan from paying for | 77290 |
| the experts' review, as specified in division (C)(5) of this | 77291 |
| section. | 77292 |
| (5) Plan members shall not be required to pay for any part of | 77293 |
| the cost of the review. The cost of the review shall be borne by | 77294 |
| the plan. | 77295 |
| (6) The plan shall provide to the independent review | 77296 |
| organization arranging for the experts' review a copy of those | 77297 |
| records in the plan's possession that are relevant to the plan | 77298 |
| member's medical condition and the review. The records shall be | 77299 |
| disclosed solely to the expert reviewers and shall be used solely | 77300 |
| for the purpose of this section. At the request of the expert | 77301 |
| reviewers, the plan or the physician requesting the therapy shall | 77302 |
| provide any additional information that the expert reviewers | 77303 |
| request to complete the review. An expert reviewer is not required | 77304 |
| to render an opinion if the reviewer has not received any | 77305 |
| requested information that the reviewer considers necessary to | 77306 |
| complete the review. | 77307 |
| (7)(a) In the case of an expedited review, the independent | 77308 |
| review organization shall issue a written decision not later than | 77309 |
| seven days after the filing of the request for review. In all | 77310 |
| other cases, the independent review organization shall issue a | 77311 |
| written decision not later than thirty days after the filing of | 77312 |
| the request. The independent review organization shall send a copy | 77313 |
| of its decision to the plan and the plan member. If the plan | 77314 |
| member's provider or the health care facility rendering health | 77315 |
| care services to the plan member requested the review, the | 77316 |
| independent review organization shall also send a copy of its | 77317 |
| decision to the plan member's provider or the health care | 77318 |
| facility. | 77319 |
| (b) In conducting the review, the experts on the panel shall | 77320 |
| take into account all of the following: | 77321 |
| (i) Information submitted by the plan, the plan member, and | 77322 |
| the plan member's physician, including the plan member's medical | 77323 |
| records and the standards, criteria, and clinical rationale used | 77324 |
| by the plan to reach its coverage decision; | 77325 |
| (ii) Findings, studies, research, and other relevant | 77326 |
| documents of government agencies and nationally recognized | 77327 |
| organizations; | 77328 |
| (iii) Relevant findings in peer-reviewed medical or | 77329 |
| scientific literature and published opinions of nationally | 77330 |
| recognized medical experts; | 77331 |
| (iv) Clinical guidelines adopted by relevant national medical | 77332 |
| societies; | 77333 |
| (v) Safety, efficacy, appropriateness, and | 77334 |
| cost-effectiveness. | 77335 |
| (8) Each expert on the panel shall provide the independent | 77336 |
| review organization with a professional opinion as to whether | 77337 |
| there is sufficient evidence to demonstrate that the recommended | 77338 |
| or requested therapy is likely to be more beneficial to the plan | 77339 |
| member than standard therapies. | 77340 |
| (9) Each expert's opinion shall be presented in written form | 77341 |
| and shall include the following information: | 77342 |
| (a) A description of the plan member's condition; | 77343 |
| (b) A description of the indicators relevant to determining | 77344 |
| whether there is sufficient evidence to demonstrate that the | 77345 |
| recommended or requested therapy is more likely than not to be | 77346 |
| more beneficial to the plan member than standard therapies; | 77347 |
| (c) A description and analysis of any relevant findings | 77348 |
| published in peer-reviewed medical or scientific literature or the | 77349 |
| published opinions of medical experts or specialty societies; | 77350 |
| (d) A description of the plan member's suitability to receive | 77351 |
| the recommended or requested therapy according to a treatment | 77352 |
| protocol in a clinical trial, if applicable. | 77353 |
| (10) The independent review organization shall provide the | 77354 |
| plan with the opinions of the experts. The plan shall make the | 77355 |
| experts' opinions available to the plan member and the plan | 77356 |
| member's physician, upon request. | 77357 |
| (11) The opinion of the majority of the experts on the panel, | 77358 |
| rendered pursuant to division (C)(8) of this section, is binding | 77359 |
| on the plan with respect to that plan member. If the opinions of | 77360 |
| the experts on the panel are evenly divided as to whether the | 77361 |
| therapy should be covered, the plan's final decision shall be in | 77362 |
| favor of coverage. If less than a majority of the experts on the | 77363 |
| panel recommend coverage of the therapy, the plan may, in its | 77364 |
| discretion, cover the therapy. However, any coverage provided | 77365 |
| pursuant to division (C)(11) of this section is subject to the | 77366 |
| terms, limitations, and conditions of the plan. | 77367 |
| (12) The plan shall have written policies describing the | 77368 |
| external review process. | 77369 |
| (D) If a plan's initial denial of coverage for a therapy | 77370 |
| recommended or requested pursuant to division (A)(3) of this | 77371 |
| section is based upon an external review of that therapy meeting | 77372 |
| the requirements of division (C) of this section, this section | 77373 |
| shall not be a basis for requiring a second external review of the | 77374 |
| recommended or requested therapy. | 77375 |
| (E) At any time during the external review process, the plan | 77376 |
| may elect to cover the recommended or requested health care | 77377 |
| service and terminate the review. The plan shall notify the plan | 77378 |
| member and all other parties involved by mail or, with consent or | 77379 |
| approval of the plan member, by electronic means. | 77380 |
| (F) The plan shall annually file a certificate with the | 77381 |
| superintendent of insurance certifying its compliance with the | 77382 |
| requirements of this section. | 77383 |
| Sec. 3923.84. (A) Notwithstanding section 3901.71 of the | 77384 |
| Revised Code, no individual or group policy of sickness and | 77385 |
| accident insurance that is delivered, issued for delivery, or | 77386 |
| renewed in this state or public employee benefit plan established | 77387 |
| or modified in this state shall exclude coverage for the screening | 77388 |
| and diagnosis of autism spectrum disorders or for any of the | 77389 |
| following services when those services are medically necessary | 77390 |
| and are prescribed, provided, or ordered for an individual | 77391 |
| diagnosed with an autism spectrum disorder by a health care | 77392 |
| professional licensed or certified under the laws of this state to | 77393 |
| prescribe, provide, or order such services: | 77394 |
| (1) Habilitative or rehabilitative care; | 77395 |
| (2) Pharmacy care if the policy, contract, or agreement | 77396 |
| provides coverage for other prescription drug services; | 77397 |
| (3) Psychiatric care; | 77398 |
| (4) Psychological care; | 77399 |
| (5) Therapeutic care; | 77400 |
| (6) Counseling services; | 77401 |
| (7) Any additional treatments or therapies adopted by the | 77402 |
| director of mental retardation and developmental disabilities | 77403 |
| pursuant to division (I)(4) of this section. | 77404 |
| (B) Coverage provided under this section shall be delineated | 77405 |
| in a treatment plan developed by the attending psychologist or | 77406 |
| physician and shall not be subject to any limits on the number or | 77407 |
| duration of visits an individual may make to any autism services | 77408 |
| provider, except as indicated in the treatment plan, if the | 77409 |
| services are medically necessary. | 77410 |
| (C) Coverage provided under this section may be subject to | 77411 |
| any copayment, deductible, and coinsurance provisions of the | 77412 |
| policy or plan to the extent that other medical services covered | 77413 |
| by the policy or plan are subject to those provisions. Coverage | 77414 |
| provided under this section may be subject to a yearly maximum | 77415 |
| limitation of thirty-six thousand dollars on claims paid for | 77416 |
| services related to coverage provided under this section. | 77417 |
| (D)(1) Not more than once every six months, an insurer may | 77418 |
| request a review of any treatment provided under this section | 77419 |
| unless the insured's licensed physician or licensed psychologist | 77420 |
| agrees that more frequent review is necessary. The insurer shall | 77421 |
| pay for any review requested under this division. | 77422 |
| (2) If requested by the insurer, the provider shall provide | 77423 |
| the insurer with an annual treatment plan. | 77424 |
| (3) Inpatient services are not subject to the six-month | 77425 |
| review limitation under division (D)(1) of this section. | 77426 |
| (E) This section shall not be construed as limiting benefits | 77427 |
| otherwise available under an individual's policy or plan. | 77428 |
| (F) This section shall not be construed as affecting any | 77429 |
| obligation to provide services to an individual under an | 77430 |
| individualized family service plan developed under 20 U.S.C. 1436 | 77431 |
| or individualized service plan developed under section 5126.31 of | 77432 |
| the Revised Code, or affecting the duty of a public school to | 77433 |
| provide a child with a disability with a free appropriate public | 77434 |
| education under the "Individuals with Disabilities Education | 77435 |
| Improvement Act of 2004," 20 U.S.C. 1400 et seq., as amended, and | 77436 |
| Chapter 3323. of the Revised Code. | 77437 |
| (G) This section does not apply to the offer or renewal of | 77438 |
| any individual or group policy of sickness and accident insurance | 77439 |
| that provides coverage for specific diseases or accidents only, or | 77440 |
| to any hospital indemnity, medicare supplement, medicare, tricare, | 77441 |
| long-term care, disability income, one-time limited duration | 77442 |
| policy of not longer than six months, or other policy that offers | 77443 |
| only supplemental benefits. | 77444 |
| (H) A public employee benefit plan or insurer that offers a | 77445 |
| policy of sickness and accident insurance is not required to | 77446 |
| offer the coverage required under division (A) of this section | 77447 |
| if all of the following apply: | 77448 |
| (1) The insurer or public employee benefit plan submits | 77449 |
| documentation certified by an independent member of the American | 77450 |
| academy of actuaries to the superintendent of insurance showing | 77451 |
| that incurred claims for the coverage required under division (A) | 77452 |
| of this section for a period of at least six months independently | 77453 |
| caused the costs for claims and administrative expenses for the | 77454 |
| coverage of all covered services to increase by more than one per | 77455 |
| cent per year. | 77456 |
| (2) The insurer or public employee benefit plan submits a | 77457 |
| signed letter from an independent member of the American academy | 77458 |
| of actuaries to the superintendent of insurance opining that the | 77459 |
| increase in costs described in division (D)(1) of this section | 77460 |
| could reasonably justify an increase of more than one per cent in | 77461 |
| the annual premiums or rates charged by the insurer or public | 77462 |
| employee benefit plan for the coverage of all covered services. | 77463 |
| (3) The superintendent of insurance makes the following | 77464 |
| determinations from the documentation and opinion submitted | 77465 |
| pursuant to divisions (D)(1) and (2) of this section: | 77466 |
| (a) Incurred claims for the coverage required under division | 77467 |
| (A) of this section for a period of at least six months | 77468 |
| independently caused the costs for claims and administrative | 77469 |
| expenses for the coverage of all covered services to increase by | 77470 |
| more than one per cent per year. | 77471 |
| (b) The increase in costs reasonably justifies an increase of | 77472 |
| more than one per cent in the annual premiums or rates charged by | 77473 |
| the insurer or public employee benefit plan for the coverage of | 77474 |
| all covered services. | 77475 |
| Any determination made by the superintendent under this | 77476 |
| division is subject to Chapter 119. of the Revised Code. | 77477 |
| (I)(1) The director of mental retardation and developmental | 77478 |
| disabilities shall convene a committee on the coverage of autism | 77479 |
| spectrum disorders to investigate and recommend treatments or | 77480 |
| therapies for autism spectrum disorders that the committee | 77481 |
| believes should be included in the services that health benefit | 77482 |
| plans and public employee benefit plans are required to cover | 77483 |
| under division (A) of this section and the qualifications of the | 77484 |
| providers of those treatments or therapies. | 77485 |
| (2) The committee shall consist of nine members appointed by | 77486 |
| the director of mental retardation and developmental disabilities | 77487 |
| including the director of mental retardation and developmental | 77488 |
| disabilities, the director of health, at least one licensed | 77489 |
| physician, licensed psychologist, and parent of an individual | 77490 |
| diagnosed with an autism spectrum disorder. | 77491 |
| (3) The committee shall serve at the pleasure of the | 77492 |
| director. | 77493 |
| (4) The committee shall submit its recommendations to the | 77494 |
| director of mental retardation and developmental disabilities. The | 77495 |
| director may adopt rules in accordance with Chapter 119. of the | 77496 |
| Revised Code to include additional treatments or therapies for | 77497 |
| autism spectrum disorders in the services that health benefit | 77498 |
| plans and public employee benefit plans are required to cover | 77499 |
| under division (A) of this section. | 77500 |
| (J) As used in this section: | 77501 |
| (1) "Applied behavior analysis" means the design, | 77502 |
| implementation, and evaluation of environmental modifications | 77503 |
| using behavioral stimuli and consequences to produce socially | 77504 |
| significant improvement in human behavior, including, but not | 77505 |
| limited to, the use of direct observation, measurement, and | 77506 |
| functional analysis of the relationship between environment and | 77507 |
| behavior. | 77508 |
| (2) "Autism services provider" means any person whose | 77509 |
| professional scope of practice allows treatment of autism spectrum | 77510 |
| disorders, whose services are delineated in the treatment plan | 77511 |
| under division (B) of this section, and of whom one of the | 77512 |
| following is true: | 77513 |
| (a) The person is licensed, certified, or registered by an | 77514 |
| appropriate agency of this state to perform the services assigned | 77515 |
| to the person in the treatment plan. | 77516 |
| (b) The person is directly supervised by an individual who is | 77517 |
| licensed, certified, or registered by an appropriate agency of | 77518 |
| this state to perform the services assigned to the person in the | 77519 |
| treatment plan. | 77520 |
| (3) "Autism spectrum disorder" means any of the pervasive | 77521 |
| developmental disorders as defined by the most recent edition of | 77522 |
| the diagnostic and statistical manual of mental disorders, | 77523 |
| published by the American psychiatric association, or if that | 77524 |
| manual is no longer published, a similar diagnostic manual. Autism | 77525 |
| spectrum disorders includes, but is not limited to, autistic | 77526 |
| disorder, Asperger's disorder, Rett's disorder, childhood | 77527 |
| disintegrative disorder, and pervasive developmental disorder. | 77528 |
| (4) "Diagnosis of autism spectrum disorders" means medically | 77529 |
| necessary assessments, evaluations, or tests, including but not | 77530 |
| limited to genetic and psychological tests to determine whether an | 77531 |
| individual has an autism spectrum disorder. | 77532 |
| (5) "Habilitative or rehabilitative care" means professional, | 77533 |
| counseling, and guidance services and treatment programs, | 77534 |
| including applied behavior analysis, that are necessary to | 77535 |
| develop, maintain, or restore the functioning of an individual to | 77536 |
| the maximum extent practicable. | 77537 |
| (6) "Health benefit plan" has the same meaning as in section | 77538 |
| 3924.01 of the Revised Code. | 77539 |
| (7) "Medically necessary" means the service is based upon | 77540 |
| evidence; is prescribed, provided, or ordered by a health care | 77541 |
| professional licensed or certified under the laws of this state to | 77542 |
| prescribe, provide, or order autism-related services in accordance | 77543 |
| with accepted standards of practice; and will or is reasonably | 77544 |
| expected to do any of the following: | 77545 |
| (a) Prevent the onset of an illness, condition, injury, or | 77546 |
| disability; | 77547 |
| (b) Reduce or ameliorate the physical, mental or | 77548 |
| developmental effects of an illness, condition, injury, or | 77549 |
| disability; | 77550 |
| (c) Assist in achieving or maintaining maximum functional | 77551 |
| capacity for performing daily activities, taking into account both | 77552 |
| the functional capacity of the individual and the appropriate | 77553 |
| functional capacities of individuals of the same age. | 77554 |
| (8) "Pharmacy care" means prescribed medications and any | 77555 |
| medically necessary health-related services used to determine the | 77556 |
| need or effectiveness of the medications. | 77557 |
| (9) "Psychiatric care" means direct or consultative services | 77558 |
| provided by a psychiatrist licensed in the state in which the | 77559 |
| psychiatrist practices psychiatry. | 77560 |
| (10) "Psychological care" means direct or consultative | 77561 |
| services provided by a psychologist licensed in the state in which | 77562 |
| the psychologist practices psychology. | 77563 |
| (11) "Therapeutic care" means services, communication | 77564 |
| devices, or other adaptive devices or equipment provided by a | 77565 |
| licensed speech-language pathologist, licensed occupational | 77566 |
| therapist, or licensed physical therapist. | 77567 |
| Sec. 3923.90. (A) There is hereby created the health care | 77568 |
| coverage and quality council to advise the governor, general | 77569 |
| assembly, entities in the public and private sectors, and | 77570 |
| consumers on strategies to expand affordable health insurance | 77571 |
| coverage to more individuals and to improve the cost and quality | 77572 |
| of the state's health insurance system and health care system. | 77573 |
| (B) The council shall consist of the following members: | 77574 |
| (1) The superintendent of insurance or the superintendent's | 77575 |
| designee; | 77576 |
| (2) The director of the executive medicaid management | 77577 |
| administration; | 77578 |
| (3) The director of medicaid; | 77579 |
| (4) The director of health; | 77580 |
| (5) The benefits administrator of the office of benefits | 77581 |
| administration within the department of administrative services; | 77582 |
| (6) Two members of the house of representatives, one member | 77583 |
| appointed by the speaker of the house of representatives and one | 77584 |
| member appointed by the minority leader of the house of | 77585 |
| representatives; | 77586 |
| (7) Two members of the senate, one member appointed by the | 77587 |
| president of the senate and one member appointed by the minority | 77588 |
| leader of the senate; | 77589 |
| (8) The following members appointed by the governor: | 77590 |
| (a) Two representatives of consumers of health care services; | 77591 |
| (b) Two representatives of employers that provide health care | 77592 |
| coverage to their employees; | 77593 |
| (c) Two representatives of medical facilities, at least one | 77594 |
| of whom is a representative of a research and academic medical | 77595 |
| center; | 77596 |
| (d) Two individuals authorized under Chapter 4731. of the | 77597 |
| Revised Code to practice medicine and surgery or osteopathic | 77598 |
| medicine and surgery; | 77599 |
| (e) Two individuals or representatives of individuals | 77600 |
| authorized to practice any of the following: | 77601 |
| (i) Dentistry under Chapter 4715. of the Revised Code; | 77602 |
| (ii) Optometry under Chapter 4725. of the Revised Code; | 77603 |
| (iii) Podiatry under Chapter 4731. of the Revised Code; | 77604 |
| (iv) Chiropractic under Chapter 4734. of the Revised Code. | 77605 |
| (f) Two representatives of companies authorized under Chapter | 77606 |
| 3923. of the Revised Code to do the business of sickness and | 77607 |
| accident insurance in this state or of health insuring | 77608 |
| corporations holding certificates of authority under Chapter 1751. | 77609 |
| of the Revised Code; | 77610 |
| (g) Two representatives of organized labor; | 77611 |
| (h) One representative of a nonprofit organization | 77612 |
| experienced in health care data collection and analysis; | 77613 |
| (i) One individual with expertise in health information | 77614 |
| technology and exchange; | 77615 |
| (j) One representative of a state retirement system; | 77616 |
| (k) One public health professional. | 77617 |
| (9) Other members appointed by the superintendent of | 77618 |
| insurance. | 77619 |
| (C) Not later than thirty days after the effective date of | 77620 |
| this section, initial appointments shall be made to the council. | 77621 |
| The initial legislative members shall be appointed for terms | 77622 |
| ending three years from the date of appointment. The initial | 77623 |
| members appointed by the governor and the superintendent of | 77624 |
| insurance shall serve staggered terms of one, two, or three years, | 77625 |
| as selected by the governor or superintendent when making their | 77626 |
| respective appointments. Thereafter, terms of office for all | 77627 |
| appointed members shall be three years, with each term ending on | 77628 |
| the same day of the same month as the term it succeeds. Each | 77629 |
| member shall hold office from the date of appointment until the | 77630 |
| end of the term for which the member was appointed, except that a | 77631 |
| legislative member ceases to be a member of the council on | 77632 |
| ceasing to be a member of the general assembly. Members may be | 77633 |
| reappointed. | 77634 |
| Vacancies shall be filled in the same manner as original | 77635 |
| appointments. Any member appointed to fill a vacancy occurring | 77636 |
| prior to the expiration of the term for which the member's | 77637 |
| predecessor was appointed shall hold office for the remainder of | 77638 |
| that term. A member shall continue in office subsequent to the | 77639 |
| expiration date of the member's term until the member's successor | 77640 |
| takes office or until a period of sixty days has elapsed, | 77641 |
| whichever occurs first. | 77642 |
| (D) The superintendent or the superintendent's designee shall | 77643 |
| serve as chairperson of the council. The council shall meet at the | 77644 |
| call of the chair. A majority of the members of the council | 77645 |
| constitutes a quorum. | 77646 |
| (E) Members shall serve without compensation, but may be | 77647 |
| reimbursed for mileage and actual and necessary expenses incurred | 77648 |
| in the performance of their official duties. | 77649 |
| (F) The superintendent may provide staff and other | 77650 |
| administrative support for the council to carry out its duties. In | 77651 |
| making staffing decisions, the superintendent may consider any | 77652 |
| recommendations made by the council. | 77653 |
| (G) Sections 101.82 to 101.87 of the Revised Code do not | 77654 |
| apply to the health care coverage and quality council. | 77655 |
| Sec. 3923.91. (A) The health care coverage and quality | 77656 |
| council shall do all of the following: | 77657 |
| (1) Advise the governor and general assembly on strategies to | 77658 |
| improve health care programs and health insurance policies and | 77659 |
| benefit plans; | 77660 |
| (2) Monitor and evaluate implementation of strategies for | 77661 |
| improving access to health insurance coverage and improving the | 77662 |
| quality of the state's health care system, identify barriers to | 77663 |
| implementing those strategies, and identify methods for overcoming | 77664 |
| the barriers; | 77665 |
| (3) Catalog existing health care data reporting efforts and | 77666 |
| make recommendations to improve data reporting in a manner that | 77667 |
| increases transparency and consistency in the health care and | 77668 |
| insurance coverage systems; | 77669 |
| (4) Study health care financing alternatives that will | 77670 |
| increase access to health insurance coverage, promote disease | 77671 |
| prevention and injury prevention, contain costs, and improve | 77672 |
| quality; | 77673 |
| (5) Evaluate the systems that individuals use to obtain or | 77674 |
| otherwise become connected with health insurance and recommend | 77675 |
| improvements to those systems or the use of alternative systems; | 77676 |
| (6) Recommend minimum coverage standards for basic and | 77677 |
| standard health insurance plans offered by insurance carriers; | 77678 |
| (7) Recommend strategies, such as subsidies, to assist | 77679 |
| individuals in being able to afford health insurance coverage; | 77680 |
| (8) Recommend strategies to implement health information | 77681 |
| technology to support improved access and quality and reduced | 77682 |
| costs in the state's health care system; | 77683 |
| (9) Develop programs to assist employers in adopting | 77684 |
| cafeteria plans meeting the requirements of federal law; | 77685 |
| (10) Perform any other duties specified in rules adopted by | 77686 |
| the superintendent of insurance. | 77687 |
| (B) The council shall prepare and issue an annual report, | 77688 |
| which may include recommendations, on or before the thirty-first | 77689 |
| day of December of each year. The council may prepare and issue | 77690 |
| other reports and recommendations at other times that the council | 77691 |
| finds appropriate. | 77692 |
| (C) The superintendent may adopt rules as necessary for the | 77693 |
| council to carry out its duties. The rules shall be adopted under | 77694 |
| Chapter 119. of the Revised Code. In adopting the rules, the | 77695 |
| superintendent may consider any recommendations made by the | 77696 |
| council. | 77697 |
| Sec. 3924.01. As used in sections 3924.01 to 3924.14 of the | 77698 |
| Revised Code: | 77699 |
| (A) "Actuarial certification" means a written statement | 77700 |
| prepared by a member of the American academy of actuaries, or by | 77701 |
| any other person acceptable to the superintendent of insurance, | 77702 |
| that states that, based upon the person's examination, a carrier | 77703 |
| offering health benefit plans to small employers is in compliance | 77704 |
| with sections 3924.01 to 3924.14 of the Revised Code. "Actuarial | 77705 |
| certification" shall include a review of the appropriate records | 77706 |
| of, and the actuarial assumptions and methods used by, the carrier | 77707 |
| relative to establishing premium rates for the health benefit | 77708 |
| plans. | 77709 |
| (B) "Adjusted average market premium price" means the average | 77710 |
| market premium price as determined by the board of directors of | 77711 |
| the Ohio health reinsurance program either on the basis of the | 77712 |
| arithmetic mean of all carriers' premium rates for an OHC plan | 77713 |
| sold to groups with similar case characteristics by all carriers | 77714 |
| selling OHC plans in the state, or on any other equitable basis | 77715 |
| determined by the board. | 77716 |
| (C) "Base premium rate" means, as to any health benefit plan | 77717 |
| that is issued by a carrier and that covers at least two but no | 77718 |
| more than fifty employees of a small employer, the lowest premium | 77719 |
| rate for a new or existing business prescribed by the carrier for | 77720 |
| the same or similar coverage under a plan or arrangement covering | 77721 |
| any small employer with similar case characteristics. | 77722 |
| (D) "Carrier" means any sickness and accident insurance | 77723 |
| company or health insuring corporation authorized to issue health | 77724 |
| benefit plans in this state or a MEWA. A sickness and accident | 77725 |
| insurance company that owns or operates a health insuring | 77726 |
| corporation, either as a separate corporation or as a line of | 77727 |
| business, shall be considered as a separate carrier from that | 77728 |
| health insuring corporation for purposes of sections 3924.01 to | 77729 |
| 3924.14 of the Revised Code. | 77730 |
| (E) "Case characteristics" means, with respect to a small | 77731 |
| employer, the geographic area in which the employees work; the age | 77732 |
| and sex of the individual employees and their dependents; the | 77733 |
| appropriate industry classification as determined by the carrier; | 77734 |
| the number of employees and dependents; and such other objective | 77735 |
| criteria as may be established by the carrier. "Case | 77736 |
| characteristics" does not include claims experience, health | 77737 |
| status, or duration of coverage from the date of issue. | 77738 |
| (F) "Dependent" means the spouse or child of an eligible | 77739 |
| employee, subject to applicable terms of the health benefits plan | 77740 |
| covering the employee. | 77741 |
| (G) "Eligible employee" means an employee who works a normal | 77742 |
| work week of twenty-five or more hours. "Eligible employee" does | 77743 |
| not include a temporary or substitute employee, or a seasonal | 77744 |
| employee who works only part of the calendar year on the basis of | 77745 |
| natural or suitable times or circumstances. | 77746 |
| (H) "Health benefit plan" means any hospital or medical | 77747 |
| expense policy or certificate or any health plan provided by a | 77748 |
| carrier, that is delivered, issued for delivery, renewed, or used | 77749 |
| in this state on or after the date occurring six months after | 77750 |
| November 24, 1995. "Health benefit plan" does not include policies | 77751 |
| covering only accident, credit, dental, disability income, | 77752 |
| long-term care, hospital indemnity, medicare supplement, specified | 77753 |
| disease, or vision care; coverage under a | 77754 |
| one-time-limited-duration policy of no longer than six months; | 77755 |
| coverage issued as a supplement to liability insurance; insurance | 77756 |
| arising out of a workers' compensation or similar law; automobile | 77757 |
| medical-payment insurance; or insurance under which benefits are | 77758 |
| payable with or without regard to fault and which is statutorily | 77759 |
| required to be contained in any liability insurance policy or | 77760 |
| equivalent self-insurance. | 77761 |
| (I) "Late enrollee" means an eligible employee or dependent | 77762 |
| who enrolls in a small employer's health benefit plan other than | 77763 |
| during the first period in which the employee or dependent is | 77764 |
| eligible to enroll under the plan or during a special enrollment | 77765 |
| period described in section 2701(f) of the "Health Insurance | 77766 |
| Portability and Accountability Act of 1996," Pub. L. No. 104-191, | 77767 |
| 110 Stat. 1955, 42 U.S.C.A. 300gg, as amended. | 77768 |
| (J) "MEWA" means any "multiple employer welfare arrangement" | 77769 |
| as defined in section 3 of the "Federal Employee Retirement Income | 77770 |
| Security Act of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended, | 77771 |
| except for any arrangement which is fully insured as defined in | 77772 |
| division (b)(6)(D) of section 514 of that act. | 77773 |
| (K) "Midpoint rate" means, for small employers with similar | 77774 |
| case characteristics and plan designs and as determined by the | 77775 |
| applicable carrier for a rating period, the arithmetic average of | 77776 |
| the applicable base premium rate and the corresponding highest | 77777 |
| premium rate. | 77778 |
| (L) "Pre-existing conditions provision" means a policy | 77779 |
| provision that excludes or limits coverage for charges or expenses | 77780 |
| incurred during a specified period following the insured's | 77781 |
| enrollment date as to a condition for which medical advice, | 77782 |
| diagnosis, care, or treatment was recommended or received during a | 77783 |
| specified period immediately preceding the enrollment date. | 77784 |
| Genetic information shall not be treated as such a condition in | 77785 |
| the absence of a diagnosis of the condition related to such | 77786 |
| information. | 77787 |
| For purposes of this division, "enrollment date" means, with | 77788 |
| respect to an individual covered under a group health benefit | 77789 |
| plan, the date of enrollment of the individual in the plan or, if | 77790 |
| earlier, the first day of the waiting period for such enrollment. | 77791 |
| (M) "Service waiting period" means the period of time after | 77792 |
| employment begins before an employee is eligible to be covered for | 77793 |
| benefits under the terms of any applicable health benefit plan | 77794 |
| offered by the small employer. | 77795 |
| (N)(1) "Small employer" means, in connection with a group | 77796 |
| health benefit plan and with respect to a calendar year and a plan | 77797 |
| year, an employer who employed an average of at least two but no | 77798 |
| more than fifty eligible employees on business days during the | 77799 |
| preceding calendar year and who employs at least two employees on | 77800 |
| the first day of the plan year. | 77801 |
| (2) For purposes of division (N)(1) of this section, all | 77802 |
| persons treated as a single employer under subsection (b), (c), | 77803 |
| (m), or (o) of section 414 of the "Internal Revenue Code of 1986," | 77804 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended, shall be considered one | 77805 |
| employer. In the case of an employer that was not in existence | 77806 |
| throughout the preceding calendar year, the determination of | 77807 |
| whether the employer is a small or large employer shall be based | 77808 |
| on the average number of eligible employees that it is reasonably | 77809 |
| expected the employer will employ on business days in the current | 77810 |
| calendar year. Any reference in division (N) of this section to an | 77811 |
| "employer" includes any predecessor of the employer. Except as | 77812 |
| otherwise specifically provided, provisions of sections 3924.01 to | 77813 |
| 3924.14 of the Revised Code that apply to a small employer that | 77814 |
| has a health benefit plan shall continue to apply until the plan | 77815 |
| anniversary following the date the employer no longer meets the | 77816 |
| requirements of this division. | 77817 |
| (O) "OHC plan" means an Ohio health care plan, which is the | 77818 |
| basic, standard, or carrier reimbursement plan for small employers | 77819 |
|
and individuals
established | 77820 |
| section 3924.10 of the Revised Code. | 77821 |
| Sec. 3924.06. (A) Compliance with the underwriting and | 77822 |
| rating requirements contained in sections 3924.01 to 3924.14 of | 77823 |
| the Revised Code shall be demonstrated through actuarial | 77824 |
| certification. Carriers offering health benefit plans to small | 77825 |
| employers shall file annually with the superintendent of insurance | 77826 |
| an actuarial certification stating that the underwriting and | 77827 |
| rating methods of the carrier do all of the following: | 77828 |
| (1) Comply with accepted actuarial practices; | 77829 |
| (2) Are uniformly applied to health benefit plans covering | 77830 |
| small employers; | 77831 |
| (3) Comply with the applicable provisions of sections 3924.01 | 77832 |
| to 3924.14 of the Revised Code. | 77833 |
| (B) If a carrier has established a separate class of business | 77834 |
| for one or more small employer health care alliances in accordance | 77835 |
| with section 1731.09 of the Revised Code, this section shall apply | 77836 |
| in accordance with section 1731.09 of the Revised Code. | 77837 |
| (C) Carriers offering health benefit plans to small employers | 77838 |
| shall file premium rates with the superintendent in accordance | 77839 |
| with section 3923.02 of the Revised Code with respect to the | 77840 |
| carrier's sickness and accident insurance policies sold to small | 77841 |
| employers and in accordance with section 1751.12 of the Revised | 77842 |
| Code with respect to the carrier's health insuring corporation | 77843 |
| policies sold to small employers. | 77844 |
| Sec. 3924.09. The Ohio health reinsurance program shall have | 77845 |
| the general powers and authority granted under the laws of the | 77846 |
| state to insurance companies licensed to transact sickness and | 77847 |
| accident insurance, except the power to issue insurance. The board | 77848 |
| of directors of the program also shall have the specific authority | 77849 |
| to do all of the following: | 77850 |
| (A) Enter into contracts as are necessary or proper to carry | 77851 |
| out the provisions and purposes of sections 3924.07 to 3924.14 of | 77852 |
| the Revised Code, including the authority to enter into contracts | 77853 |
| with similar programs of other states for the joint performance of | 77854 |
| common functions, or with persons or other organizations for the | 77855 |
| performance of administrative functions; | 77856 |
| (B) Sue or be sued, including taking any legal actions | 77857 |
| necessary or proper for recovery of any assessments for, on behalf | 77858 |
| of, or against any program or board member; | 77859 |
| (C) Take such legal action as is necessary to avoid the | 77860 |
| payment of improper claims against the program; | 77861 |
| (D) | 77862 |
| insurance regarding the design of the OHC plans which, when | 77863 |
| offered by a carrier, are eligible for reinsurance and issue | 77864 |
| reinsurance policies in accordance with the requirements of | 77865 |
| sections 3924.07 to 3924.14 of the Revised Code; | 77866 |
| (E) Establish rules, conditions, and procedures pertaining to | 77867 |
| the reinsurance of members' risks by the program; | 77868 |
| (F) Establish appropriate rates, rate schedules, rate | 77869 |
| adjustments, rate classifications, and any other actuarial | 77870 |
| functions appropriate to the operation of the program; | 77871 |
| (G) Assess members in accordance with division (G) of section | 77872 |
| 3924.11 and the provisions of section 3924.13 of the Revised Code, | 77873 |
| and make such advance interim assessments as may be reasonable and | 77874 |
| necessary for organizational and interim operating expenses. Any | 77875 |
| interim assessments shall be credited as offsets against any | 77876 |
| regular assessments due following the close of the calendar year. | 77877 |
| (H) Appoint members to appropriate legal, actuarial, and | 77878 |
| other committees if necessary to provide technical assistance with | 77879 |
| respect to the operation of the program, policy and other contract | 77880 |
| design, and any other function within the authority of the | 77881 |
| program; | 77882 |
| (I) Borrow money to effect the purposes of the program. Any | 77883 |
| notes or other evidence of indebtedness of the program not in | 77884 |
| default shall be legal investments for carriers and may be carried | 77885 |
| as admitted assets. | 77886 |
| (J) Reinsure risks, collect assessments, and otherwise carry | 77887 |
| out its duties under division (G) of section 3924.11 of the | 77888 |
| Revised Code; | 77889 |
| (K) Study the operation of the Ohio health reinsurance | 77890 |
| program and the open enrollment reinsurance program and, based on | 77891 |
| its findings, make legislative recommendations to the general | 77892 |
| assembly for improvements in the effectiveness, operation, and | 77893 |
| integrity of the programs; | 77894 |
| (L) | 77895 |
| regarding the design of a basic and standard plan for purposes of | 77896 |
| sections 1751.16, 3923.122, and 3923.581 of the Revised Code. | 77897 |
| Sec. 3924.10. (A) The board of directors of the Ohio health | 77898 |
|
reinsurance
program | 77899 |
| superintendent of insurance, and the superintendent may adopt or | 77900 |
| amend by rule adopted in accordance with Chapter 119. of the | 77901 |
| Revised Code the OHC basic, standard, and carrier reimbursement | 77902 |
| plans which, when offered by a carrier, are eligible for | 77903 |
|
reinsurance under the program. The | 77904 |
| establish the form and level of coverage to be made available by | 77905 |
|
carriers in
their OHC plans. | 77906 |
|
shall
| 77907 |
| coinsurance factors, exclusions, and limitations for the plans. | 77908 |
|
The forms and
levels
of coverage | 77909 |
| specify which components of health benefit plans offered by a | 77910 |
| carrier may be reinsured. The OHC plans are subject to division | 77911 |
| (C) of section 3924.02 of the Revised Code and to the provisions | 77912 |
| in Chapters 1751., 1753., 3923., and any other chapter of the | 77913 |
| Revised Code that require coverage or the offer of coverage of a | 77914 |
| health care service or benefit. | 77915 |
| (B) | 77916 |
| 77917 | |
| adopting rules relating to the OHC basic and standard plans, the | 77918 |
| superintendent shall conduct an actuarial analysis of the cost | 77919 |
| impacts of any proposed rule that makes changes to the basic and | 77920 |
| standard plans. The superintendent also may consider | 77921 |
| recommendations of the Ohio health care coverage and quality | 77922 |
| council established under section 3923.90 of the Revised Code. | 77923 |
| The plans may include cost containment features including any of | 77924 |
| the following: | 77925 |
| (1) Utilization review of health care services, including | 77926 |
| review of the medical necessity of hospital and physician | 77927 |
| services; | 77928 |
| (2) Case management benefit alternatives; | 77929 |
| (3) Selective contracting with hospitals, physicians, and | 77930 |
| other health care providers; | 77931 |
| (4) Reasonable benefit differentials applicable to | 77932 |
| participating and nonparticipating providers; | 77933 |
| (5) Employee assistance program options that provide | 77934 |
| preventive and early intervention mental health and substance | 77935 |
| abuse services; | 77936 |
| (6) Other provisions for the cost-effective management of the | 77937 |
| plans. | 77938 |
| (C) OHC plans established for use by health insuring | 77939 |
| corporations shall be consistent with the basic method of | 77940 |
| operation of such corporations. | 77941 |
| (D) Each carrier shall certify to the superintendent of | 77942 |
| insurance, in the form and manner prescribed by the | 77943 |
| superintendent, that the OHC plans filed by the carrier are in | 77944 |
| substantial compliance with the provisions of the board OHC plans. | 77945 |
| Upon receipt by the superintendent of the certification, the | 77946 |
| carrier may use the certified plans. | 77947 |
| (E) Each carrier shall, on and after sixty days after the | 77948 |
| date that the program becomes operational and as a condition of | 77949 |
| transacting business in this state, renew coverage provided to any | 77950 |
| individual or group under its OHC plans. | 77951 |
| (F) The OHC plans in effect as of June 1, 2009, shall remain | 77952 |
| in effect until those plans are amended or new plans are adopted | 77953 |
| in accordance with this section. | 77954 |
| Sec. 3929.43. (A) The Ohio fair plan underwriting | 77955 |
| association is hereby created consisting of all insurers | 77956 |
| authorized to write within this state, on a direct basis, basic | 77957 |
| property insurance or any component thereof in multi-peril | 77958 |
| policies, to assist applicants in urban areas to secure basic | 77959 |
| property insurance or homeowners insurance, and to formulate and | 77960 |
| administer a program for the equitable apportionment of basic | 77961 |
| property insurance or homeowners insurance which cannot be | 77962 |
| obtained in the normal market. Every such insurer shall be a | 77963 |
| member of the association and shall remain a member as a condition | 77964 |
| of its authority to write any of such insurance in this state. | 77965 |
| (B) The association, pursuant to sections 3929.41 to 3929.49 | 77966 |
| of the Revised Code, and the plan of operation, with respect to | 77967 |
| basic property insurance or homeowners insurance, may assume and | 77968 |
| cede reinsurance on insurable risks written by its members. | 77969 |
| (C) The board of governors of the association shall submit to | 77970 |
|
the superintendent of insurance, for | 77971 |
| of operation which shall provide for economical, fair, and | 77972 |
| nondiscriminatory administration of a program for the equitable | 77973 |
| apportionment among members of basic property insurance or | 77974 |
| homeowners insurance which may be afforded in urban areas to | 77975 |
| applicants whose property is insurable in accordance with | 77976 |
| reasonable underwriting standards, but who are unable to procure | 77977 |
| such insurance through normal channels. The association is under | 77978 |
| no obligation to issue basic property insurance or homeowners | 77979 |
|
insurance to any person, unless that person and | 77980 |
| property would be insurable in the normal insurance market, and | 77981 |
| such property, except for its location, would constitute an | 77982 |
| insurable risk in accordance with reasonable underwriting | 77983 |
| standards. The plan of operation shall provide that the | 77984 |
| association, in determining whether the property is insurable, | 77985 |
| shall give no consideration to the condition of surrounding | 77986 |
| property or properties, where such condition is not within the | 77987 |
| control of the applicant. Rates for basic property insurance and | 77988 |
|
homeowners insurance shall | 77989 |
|
subject to the approval of the superintendent | 77990 |
| 77991 | |
| 77992 | |
| 77993 | |
| 77994 | |
| 77995 | |
| 77996 | |
| members in amounts sufficient to operate the association, maximum | 77997 |
| limits of liability per location to be placed through the program, | 77998 |
| reasonable underwriting standards for determining insurability of | 77999 |
| a risk, and the commission to be paid to the licensed producer | 78000 |
| designated by the applicant. The superintendent shall adopt such | 78001 |
| plan and all amendments thereto pursuant to Chapter 119. of the | 78002 |
| Revised Code. | 78003 |
| If the superintendent disapproves the proposed plan of | 78004 |
| operation, the board of governors shall, within fifteen days, | 78005 |
| submit for approval an appropriately revised plan of operation and | 78006 |
| if the board of governors fails to do so, or if the revised plan | 78007 |
| submitted is unacceptable, the superintendent shall promulgate a | 78008 |
| plan of operation. | 78009 |
| If amendment of the plan of operation is requested by the | 78010 |
| superintendent or the board of governors, the board of governors | 78011 |
|
shall submit to the superintendent, for | 78012 |
| amendments. If such amendments are not approved by the | 78013 |
| superintendent, the board of governors shall, within fifteen days, | 78014 |
| submit for approval an appropriately revised amendment. If the | 78015 |
| board of governors fails to do so, or if the amendment is not | 78016 |
| approved by the superintendent, the superintendent shall | 78017 |
|
promulgate such amendment as | 78018 |
| necessary. | 78019 |
| (D)(1) The plan of operation may provide for periodic advance | 78020 |
| assessments against member insurers in amounts considered | 78021 |
| necessary to cover any deficit or projected deficit arising out of | 78022 |
| the operation of the association. Any provision in the plan for | 78023 |
| implementation of such advance assessments shall be approved by | 78024 |
| the superintendent. Any such provision in the plan shall also | 78025 |
| provide for quarterly or other periodic installment payment of | 78026 |
| such assessments. | 78027 |
| (2) Such plan shall provide a method whereby member insurers | 78028 |
| may recoup assessments levied by the association. In order to | 78029 |
| recoup such assessments the plan may also provide for the | 78030 |
| calculation and use of rates or rating factors to be applied to | 78031 |
| direct premiums for basic property insurance and homeowners | 78032 |
| insurance located in this state. Such a provision is subject to | 78033 |
| the approval of the superintendent. Member insurers of the | 78034 |
| association implementing a change in rates pursuant to this | 78035 |
| section shall file such changes with the superintendent. Such | 78036 |
| changes shall not increase rates more than the amount authorized | 78037 |
| by the association and approved by the superintendent pursuant to | 78038 |
| the plan. The association may consult with member insurers or | 78039 |
| licensed rating bureaus in connection with the establishment and | 78040 |
| operation of any such provision. | 78041 |
| (E) Any insurer which is a member of the association shall | 78042 |
| participate in the writings, expenses, profits, and losses of the | 78043 |
| association in the proportion that its premiums written bear to | 78044 |
| the aggregate premiums written by all members of the association, | 78045 |
| except that this division shall not be construed to preclude the | 78046 |
| board of governors from taking action to adjust assessments in | 78047 |
| accordance with a program adopted pursuant to division (I) of this | 78048 |
| section. | 78049 |
| (F) Such plan shall require the issuance of a binder | 78050 |
| providing coverage for which the applicant tenders an amount equal | 78051 |
|
to the annual premium as estimated by the association, | 78052 |
| appropriate percentage of that annual premium as determined by the | 78053 |
|
association. The binder | 78054 |
| 78055 | |
| application, provided that the application meets the underwriting | 78056 |
| standards of the association, for such term, and under such | 78057 |
|
conditions as are
determined by the superintendent | 78058 |
| The superintendent may alter such time requirement on a specific | 78059 |
|
risk
under such conditions as | 78060 |
| appropriate. | 78061 |
| (G) The association shall be governed by a board of governors | 78062 |
| consisting of twelve members, four of whom shall be appointed by | 78063 |
| the governor with the advice and consent of the senate. One of | 78064 |
| such members shall be a licensed agent writing basic property | 78065 |
| insurance for more than one insurer. None of the other three such | 78066 |
| members shall be a director, officer, salaried employee, agent, or | 78067 |
| substantial shareholder of any insurance company and not more than | 78068 |
| two of these three members shall be members of the same political | 78069 |
| party. Terms of office of members appointed by the governor shall | 78070 |
| be for two years, commencing on the nineteenth day of September | 78071 |
| and ending on the eighteenth day of September. Each member shall | 78072 |
|
hold office from the date of | 78073 |
|
term for which | 78074 |
| to fill a vacancy occurring prior to the expiration of the term | 78075 |
|
for which | 78076 |
| office for the remainder of such term. Any appointed member shall | 78077 |
|
continue in office subsequent to the expiration date
of | 78078 |
|
member's term until | 78079 |
| until a period of sixty days has elapsed, whichever occurs first. | 78080 |
| The remaining eight members shall be representatives from member | 78081 |
| companies, at least five of whom shall be Ohio domiciled members, | 78082 |
| elected annually by accumulated voting by members of the | 78083 |
| association whose votes shall be weighed in accordance with each | 78084 |
| member's premiums written during the second preceding calendar | 78085 |
| year. Not more than one insurer in a group under the same | 78086 |
| management or ownership shall serve on the board of governors at | 78087 |
| the same time. The eight representatives of member companies shall | 78088 |
| be elected at a meeting of the members or their authorized | 78089 |
| representatives, which shall be held at a time and place | 78090 |
| designated by the superintendent. | 78091 |
| (H) The plan shall be administered under the supervision of | 78092 |
| the superintendent. | 78093 |
| (I) The board of governors shall adopt a written program for | 78094 |
| decreasing the overall utilization of the association as a source | 78095 |
| of insurance. The program shall set forth actions that the board | 78096 |
| shall take to decrease such utilization, including actions | 78097 |
| intended to reduce the number of policies issued, the number of | 78098 |
| persons whose properties are insured, and the total amount and | 78099 |
| kinds of insurance written by the association, provided this | 78100 |
| division does not authorize the board to take action intended to | 78101 |
| decrease utilization of the association as a source of insurance | 78102 |
| if such action would substantially conflict with the purposes set | 78103 |
| forth in divisions (A), (B), and (D) of section 3929.41 of the | 78104 |
| Revised Code or the plan of operation of the association. | 78105 |
| Sec. 3929.67. (A) A medical liability insurance policy that | 78106 |
| insures a physician or podiatrist, written by or on behalf of the | 78107 |
| medical liability underwriting association pursuant to sections | 78108 |
| 3929.62 to 3929.70 of the Revised Code, may only be cancelled | 78109 |
| during the term of the policy for one of the following reasons: | 78110 |
| (1) Nonpayment of premiums; | 78111 |
| (2) The license of the insured to practice medicine and | 78112 |
| surgery, osteopathic medicine and surgery, or podiatric medicine | 78113 |
| and surgery has been suspended or revoked; | 78114 |
| (3) The insured's failure to meet minimum eligibility and | 78115 |
| underwriting standards; | 78116 |
| (4) The occurrence of a change in the individual risk that | 78117 |
| substantially increases any hazard insured against after the | 78118 |
| coverage has been issued or renewed, except to the extent that the | 78119 |
| medical liability underwriting association reasonably should have | 78120 |
| foreseen the change or contemplated the risk in writing the | 78121 |
| policy; | 78122 |
| (5) Discovery of fraud or material misrepresentation in the | 78123 |
| procurement of insurance or with respect to any claim submitted | 78124 |
| thereunder. | 78125 |
| (B) A medical liability insurance policy that insures a | 78126 |
| hospital, written by or on behalf of the medical liability | 78127 |
| underwriting association pursuant to sections 3929.62 to 3929.70 | 78128 |
| of the Revised Code, may only be cancelled during the term of the | 78129 |
| policy for one of the following reasons: | 78130 |
| (1) Nonpayment of premiums; | 78131 |
| (2) The hospital is not certified or accredited in accordance | 78132 |
| with Chapter 3727. of the Revised Code; | 78133 |
| (3) An injunction against the hospital has been granted under | 78134 |
|
section | 78135 |
| (4) The insured's failure to meet minimum eligibility and | 78136 |
| underwriting standards; | 78137 |
| (5) The occurrence of a change in the individual risk that | 78138 |
| substantially increases any hazard insured against after the | 78139 |
| coverage has been issued or renewed, except to the extent that the | 78140 |
| medical liability underwriting association reasonably should have | 78141 |
| foreseen the change or contemplated the risk in writing the | 78142 |
| policy; | 78143 |
| (6) Discovery of fraud or material misrepresentation in the | 78144 |
| procurement of insurance or with respect to any claim submitted | 78145 |
| thereunder. | 78146 |
| Sec. 3953.23. (A) Every title insurance agent shall keep | 78147 |
| books of account and record and vouchers pertaining to the | 78148 |
| business of title insurance in such manner that the title | 78149 |
| insurance company may readily ascertain from time to time whether | 78150 |
| the agent has complied with this chapter. | 78151 |
| (B)(1) A title insurance agent may engage in the business of | 78152 |
|
handling escrows of
real property transactions
| 78153 |
| subject to all of the following: | 78154 |
| (a) The agent shall maintain a separate record of all | 78155 |
|
receipts and
disbursements
of escrow funds | 78156 |
| (b) The agent shall deposit funds held in trust at interest | 78157 |
| in either of the following accounts: | 78158 |
| (i) An account as required in section 3953.231 of the Revised | 78159 |
| Code and in accordance with all applicable rules; | 78160 |
| (ii) A separate escrow account for the benefit of one or more | 78161 |
| parties to the escrow transaction. | 78162 |
| (c) The agent shall not commingle any such funds with the | 78163 |
| agent's own funds or with funds held by the agent in any other | 78164 |
|
capacity | 78165 |
| (d) The agent shall ensure that any person or entity | 78166 |
| delegated or assigned by the agent with the responsibility for | 78167 |
| handling escrows of real property transactions complies with all | 78168 |
| provisions of the Revised Code and any rules that are applicable | 78169 |
| to the agent. | 78170 |
| (e) If at any time the superintendent of insurance | 78171 |
| determines that an agent has failed to comply with any of the | 78172 |
| provisions of this section, the superintendent may revoke the | 78173 |
| license of the agent pursuant to section 3905.14 of the Revised | 78174 |
| Code, subject to review as provided for in Chapter 119. of the | 78175 |
| Revised Code. | 78176 |
| (C) All title insurance agents or agencies that handle | 78177 |
| escrows in real property transactions not involving the issuance | 78178 |
| of title insurance shall have coverage that protects the parties | 78179 |
| to such transactions against theft, misappropriation, fraud, or | 78180 |
| any other failure to properly disburse settlement, closing, or | 78181 |
| escrow funds. The superintendent shall adopt rules under Chapter | 78182 |
| 119. of the Revised Code setting forth the minimum requirements | 78183 |
| for such coverage, including, but not limited to, the minimum | 78184 |
| amounts, terms, and conditions of such coverage. | 78185 |
| (D) The superintendent shall require every title insurance | 78186 |
| agent or agency and any subcontractors to maintain an errors and | 78187 |
| omissions policy, in any amount exceeding minimum limits | 78188 |
| established by the superintendent, that includes but is not | 78189 |
| limited to coverage for the agent's or agency's delegation of any | 78190 |
| agent or agency function. The superintendent shall adopt rules | 78191 |
| under Chapter 119. of the Revised Code setting forth the minimum | 78192 |
| requirements for that coverage, including but not limited to the | 78193 |
| minimum amounts, terms, and conditions of the coverage. | 78194 |
| Sec. 3953.231. (A)(1) Each title insurance agent or title | 78195 |
| insurance company shall establish and maintain an interest-bearing | 78196 |
| trust account for the deposit of all non-directed escrow funds | 78197 |
| 78198 | |
| 78199 | |
| transaction. | 78200 |
| (2) The account established under division (A)(1) of this | 78201 |
|
section shall be established and maintained in | 78202 |
| 78203 | |
| 78204 | |
| an eligible depository. | 78205 |
| (3) | 78206 |
| this section shall be in the name of the title insurance agent or | 78207 |
|
company | 78208 |
| or "IOTA." The name of the account may contain additional | 78209 |
| identifying information to distinguish it from other accounts. | 78210 |
| (4) The title insurance agent or company establishing the | 78211 |
| account shall submit, in writing, to the superintendent of | 78212 |
|
insurance the name, account
number, and location of the | 78213 |
| 78214 | |
| eligible depository in which the trust account is maintained. | 78215 |
| (B) Each title insurance agent or company shall deposit all | 78216 |
| non-directed escrow funds that are nominal in amount or are to be | 78217 |
| held for a short period of time into the account established under | 78218 |
| division (A) of this section no later than the next business day | 78219 |
| after receipt. | 78220 |
| (C) Each account established under division (A) of this | 78221 |
| section shall comply with all of the following: | 78222 |
| (1) All funds | 78223 |
| product at an eligible depository and shall be subject to | 78224 |
| withdrawal or transfer upon request and without delay, or as soon | 78225 |
| as permitted by law; | 78226 |
| (2) | 78227 |
| 78228 | |
| 78229 | |
| 78230 | |
| 78231 | |
| interest payable on the account shall equal or exceed the highest | 78232 |
| interest rate or dividend paid by the eligible depository on its | 78233 |
| account products that are not IOTA account products. The eligible | 78234 |
| depository shall pay on its IOTA account product any higher rates | 78235 |
| offered by it on its account products that are not IOTA account | 78236 |
| products. | 78237 |
| (b) In paying not less than the highest interest rate or | 78238 |
| dividend paid by the eligible depository on its account products | 78239 |
| that are not IOTA account products, an eligible depository shall | 78240 |
| do both of the following: | 78241 |
| (i) For IOTA accounts with balances of less than one hundred | 78242 |
| thousand dollars, pay a rate that equals or exceeds the highest | 78243 |
| rate paid on its business checking account paying preferred | 78244 |
| interest rates, such as money market or indexed rates, or any | 78245 |
| other similar, suitable interest-bearing account offered by the | 78246 |
| eligible depository on its account products that are not IOTA | 78247 |
| account products; | 78248 |
| (ii) For IOTA accounts with balances of one hundred thousand | 78249 |
| dollars or more, pay a rate that equals or exceeds the highest | 78250 |
| rate paid on its business checking account with an automated | 78251 |
| investment feature, such as an overnight sweep account, business | 78252 |
| investment or other similar premium checking account, short-term | 78253 |
| jumbo certificate of deposit, money market account, or any other | 78254 |
| similar, suitable interest-bearing account offered by the | 78255 |
| eligible depository on its account products that are not IOTA | 78256 |
| account products. | 78257 |
| (c) In determining the highest interest rate or dividend paid | 78258 |
| by the eligible depository on its account products that are not | 78259 |
| IOTA account products, an eligible depository shall consider the | 78260 |
| rates it offers its customers from internal rate sheets or through | 78261 |
| preferred or negotiated rates on a per customer basis. In | 78262 |
| considering the rate for the IOTA account product, the eligible | 78263 |
| depository may also take into consideration and discount for | 78264 |
| factors such as fees paid by the account-holder, time commitments, | 78265 |
| and withdrawal limitations. The eligible depository shall not use | 78266 |
| these factors to preclude the consideration of the rates paid on | 78267 |
| one or more of its account products that are not IOTA account | 78268 |
| products in the eligible depository's establishment of a rate for | 78269 |
| the IOTA account product. | 78270 |
| (d) If an eligible depository determines that it is unable to | 78271 |
| pay the approved rate during any reporting period, the eligible | 78272 |
| depository may request from the Ohio legal assistance foundation a | 78273 |
| waiver from the approved rate requirement for that reporting | 78274 |
| period. If an eligible depository requests a waiver from the | 78275 |
| approved rate requirement, the eligible depository shall | 78276 |
| demonstrate in the form and manner prescribed in rules adopted by | 78277 |
| the Ohio legal assistance foundation pursuant to section 120.52 of | 78278 |
| the Revised Code that the rates of interest paid on its IOTA | 78279 |
| account product are generally not less than the highest rates | 78280 |
| paid by the eligible depository on its account products that are | 78281 |
| not IOTA account products. At a minimum, the eligible depository | 78282 |
| shall demonstrate by an independent, third-party auditor's | 78283 |
| certification that not more than five per cent of the eligible | 78284 |
| depository's account products that are not IOTA account products | 78285 |
| with an average daily balance of greater than or equal to one | 78286 |
| hundred thousand dollars have rates that are higher than the rate | 78287 |
| paid on the its IOTA account product during the same reporting | 78288 |
| period. | 78289 |
| (3) All interest earned on | 78290 |
| 78291 | |
| (A)(1) of this section shall be transmitted to the treasurer of | 78292 |
| state for deposit in the legal aid fund established under section | 78293 |
| 120.52 of the Revised Code. No part of the interest earned on | 78294 |
| funds deposited in an interest-bearing trust account established | 78295 |
| under division (A) of this section shall be paid to, or inure to | 78296 |
| the benefit of, the title insurance agent or company, the client | 78297 |
| or other person who owns or has a beneficial ownership of the | 78298 |
| funds deposited, or any other account, person, or entity other | 78299 |
| than in accordance with this section and sections 120.51 to 120.55 | 78300 |
| of the Revised Code. | 78301 |
| (D) The title insurance agent or company establishing an | 78302 |
|
account
under division (A) of this section shall direct the | 78303 |
| 78304 | |
| eligible depository to do | 78305 |
| (1) Remit by the fifteenth day of each month interest or | 78306 |
| dividends on the average monthly balance in the account earned in | 78307 |
| the preceding month, or as otherwise computed in accordance with | 78308 |
|
the standard accounting
practice of the | 78309 |
| 78310 | |
| 78311 | |
|
the
treasurer of state | 78312 |
| aid fund established under section 120.52 of the Revised Code; | 78313 |
| (2) At the time of each remittance, transmit to the treasurer | 78314 |
|
of state | 78315 |
| foundation, and, if requested, to the title insurance agent or | 78316 |
|
company | 78317 |
| or company for whom the remittance is sent, the comparable | 78318 |
| accounts or product types and the rates paid as required in | 78319 |
| division (C)(2)(b) of this section, the rate of interest applied, | 78320 |
| the accounting period, the net amount remitted to the treasurer of | 78321 |
| state for each account, the total remitted, the average account | 78322 |
| balance for each month of the period for which the report is made, | 78323 |
|
and the
amount | 78324 |
| charges assessed to and paid by the account holder or other party. | 78325 |
| (3) Notify the superintendent or other entity designated by | 78326 |
| the superintendent on each occasion when a properly payable | 78327 |
| instrument is presented for payment from the account and the | 78328 |
| account contains insufficient funds, provide this notice without | 78329 |
| regard to whether the instrument is honored by the eligible | 78330 |
| depository, provide this notice by electronic or other means | 78331 |
| within five banking days of the date that the instrument was | 78332 |
| honored or returned as dishonored, and include in the notice all | 78333 |
| of the following: | 78334 |
| (a) The name and address of the eligible depository; | 78335 |
| (b) The name and address of the title insurance agent or | 78336 |
| company that maintains the account; | 78337 |
| (c) The account number and either the amount of the overdraft | 78338 |
| and the date issued or the amount of the dishonored instrument and | 78339 |
| the date returned. | 78340 |
| (E) The statements and reports submitted by the | 78341 |
| 78342 | |
|
depository under this section | 78343 |
| records subject to section 149.43 of the Revised Code and shall be | 78344 |
|
used | 78345 |
| the legal aid fund and by the superintendent for the enforcement | 78346 |
| of this section. If any statement or report submitted by an | 78347 |
| eligible depository under this section is used by the | 78348 |
| superintendent for the enforcement of this section, that statement | 78349 |
| or report may become a public record subject to section 149.43 of | 78350 |
| the Revised Code. | 78351 |
| (F) No funds belonging to a title insurance agent or company | 78352 |
| shall be deposited into an account established under division (A) | 78353 |
| of this section except funds necessary to establish the account or | 78354 |
|
to pay service charges and other related
charges of the | 78355 |
| 78356 | |
| 78357 |
| (G) No liability arising out of any negligent act or omission | 78358 |
| of any title insurance agent or company with respect to any | 78359 |
| account established under division (A) of this section shall be | 78360 |
|
imputed to the | 78361 |
| 78362 |
| (H) | 78363 |
| 78364 | |
| 78365 | |
| 78366 |
| | 78367 |
| 119. of the Revised Code, rules that pertain to the use of | 78368 |
| accounts established under division (A) of this section and to the | 78369 |
| enforcement of this section. Any rules adopted by the | 78370 |
| superintendent under this division that pertain to the use of | 78371 |
| accounts established under division (A) of this section shall | 78372 |
| conform to the provisions of this section, section 3953.23 of the | 78373 |
| Revised Code, and any rules adopted by the Ohio legal assistance | 78374 |
| foundation pursuant to section 120.52 of the Revised Code. | 78375 |
| (I) As used in this section: | 78376 |
| (1) "Approved rate" means the minimum allowable rate of | 78377 |
| interest payable on an IOTA account product established and | 78378 |
| maintained under this section or an IOLTA account product | 78379 |
| established and maintained under sections 4705.09 and 4705.10 of | 78380 |
| the Revised Code. | 78381 |
| (2) "Eligible depository" means a depository or financial | 78382 |
| institution that satisfies all of the following requirements: | 78383 |
| (a) It voluntarily offers and maintains account products | 78384 |
| pursuant to sections 3953.231, 4705.09, and 4705.10 of the Revised | 78385 |
| Code and meets the requirements prescribed in those sections and | 78386 |
| any rules adopted by the Ohio legal assistance foundation pursuant | 78387 |
| to section 120.52 of the Revised Code. | 78388 |
| (b) It is a bank, savings bank, or savings and loan | 78389 |
| association authorized by federal or state law to do business in | 78390 |
| this state and insured by the Federal deposit insurance | 78391 |
| corporation or any successor insurance corporation or is a credit | 78392 |
| union authorized by federal or state law to do business in this | 78393 |
| state and insured by the national credit union administration or | 78394 |
| by a credit union share guaranty corporation in this state. | 78395 |
| (c) It has been certified by the Ohio legal assistance | 78396 |
| foundation as an eligible depository, based on the criterion | 78397 |
| provided in sections 120.52, 3953.231, 4705.09, and 4705.10 of the | 78398 |
| Revised Code, subject to a dispute resolution process established | 78399 |
| by rules adopted by the Ohio legal assistance foundation pursuant | 78400 |
| to section 120.52 of the Revised Code. | 78401 |
| (3) "Escrow transaction" means a transaction in which a | 78402 |
| person, for the purpose of effecting and closing the sale, | 78403 |
| purchase, exchange, transfer, encumbrance, or lease of an interest | 78404 |
| in commercial or residential real property located in this state | 78405 |
| to another person, provides a written instrument or document, | 78406 |
| money, negotiable instrument, check, evidence of title to real | 78407 |
| property, or anything of value to an escrow or closing agent to be | 78408 |
| held by the agent until a specified event occurs or until the | 78409 |
| performance of a prescribed condition, at which time the agent | 78410 |
| shall deliver it to a specific person in compliance with | 78411 |
| applicable instructions by filing that written instrument or | 78412 |
| document with the appropriate public entity or by direct tender to | 78413 |
| the appropriate person. | 78414 |
| (4) "IOTA account product" means a separate and unique | 78415 |
| product offered by an eligible depository that is used exclusively | 78416 |
| for the deposit of funds transferred electronically or otherwise, | 78417 |
| cash, money orders, or negotiable instruments that are received by | 78418 |
| a title insurance agent to effect an escrow transaction and fully | 78419 |
| complies with the account requirements of sections 120.52, | 78420 |
| 3953.23, and 3953.231 of the Revised Code. | 78421 |
| Sec. 4104.01. As used in sections 4104.01 to 4104.20 and | 78422 |
| section 4104.99 of the Revised Code: | 78423 |
| (A) "Board of building standards" or "board" means the board | 78424 |
| established by section 3781.07 of the Revised Code. | 78425 |
| (B) "Superintendent" means the
superintendent of
| 78426 |
| 78427 | |
| Revised Code. | 78428 |
| (C) "Boiler" means a closed vessel in which water is heated, | 78429 |
| steam is generated, steam is superheated, or any combination | 78430 |
| thereof, under pressure or vacuum for use externally to itself by | 78431 |
| the direct application of heat from the combustion of fuels, or | 78432 |
| from electricity or nuclear energy. "Boiler" includes fired units | 78433 |
| for heating or vaporizing liquids other than water where these | 78434 |
| units are separate from processing systems and are complete within | 78435 |
| themselves. | 78436 |
| (D) "Power boiler" means a boiler in which steam or other | 78437 |
| vapor (to be used externally to itself) is generated at a pressure | 78438 |
| of more than fifteen psig. | 78439 |
| (E) "High pressure, high temperature water boiler" means a | 78440 |
| water heating boiler operating at pressures exceeding one hundred | 78441 |
| sixty psig or temperatures exceeding two hundred fifty degrees | 78442 |
| Fahrenheit. | 78443 |
| (F) "Low pressure boiler" means a steam boiler operating at | 78444 |
| pressures not exceeding fifteen psig, or a hot water heating | 78445 |
| boiler operating at pressures not exceeding one hundred sixty psig | 78446 |
| or temperatures not exceeding two hundred fifty degrees | 78447 |
| Fahrenheit. | 78448 |
| (G) "Pressure vessel" means a container for the containment | 78449 |
| of pressure, either internal or external. This pressure may be | 78450 |
| obtained from an external source or by the application of heat | 78451 |
| from a direct or indirect source or any combination thereof. | 78452 |
| (H) "Process boiler" means a boiler to which all of the | 78453 |
| following apply: | 78454 |
| (1) The steam in the boiler is either generated or | 78455 |
| superheated, or both, under pressure or vacuum for use external to | 78456 |
| itself. | 78457 |
| (2) The source of heat for the boiler is in part or in whole | 78458 |
| from a process other than the boiler itself. | 78459 |
| (3) The boiler is part of a continuous processing unit, such | 78460 |
| as used in chemical manufacture or petroleum refining, other than | 78461 |
| a steam-generated process unit. | 78462 |
| (I) "Stationary steam engine" means an engine or turbine in | 78463 |
| which the mechanical force arising from the elasticity and | 78464 |
| expansion action of steam or from its property of rapid | 78465 |
| condensation or from a combination of the two is made available as | 78466 |
| a motive power. | 78467 |
| Sec. 4104.02. The board of building standards shall: | 78468 |
| (A) Formulate rules for the construction, installation, | 78469 |
| repair, conservation of energy, and operation of boilers and the | 78470 |
| construction and repair of pressure vessels and for ascertaining | 78471 |
| the safe working pressures to be carried on such boilers and | 78472 |
| pressure vessels and the qualification of inspectors of boilers | 78473 |
| and pressure vessels; | 78474 |
| (B) Prescribe tests, if it is considered necessary, to | 78475 |
| ascertain the qualities of materials used in the construction of | 78476 |
| boilers and pressure vessels; | 78477 |
| (C) Adopt rules regulating the construction and sizes of | 78478 |
| safety valves for boilers and pressure vessels of different sizes | 78479 |
| and pressures, for the construction, use, and location of fusible | 78480 |
| plugs, appliances for indicating the pressure of steam and level | 78481 |
| of water in the boiler or pressure vessels, and such other | 78482 |
| appliances as the board considers necessary to safety in operating | 78483 |
| boilers; | 78484 |
| (D) Establish reasonable fees for the performance of reviews, | 78485 |
| surveys, or audits of manufacturer's facilities by the division of | 78486 |
| 78487 | |
| society of mechanical engineers and the national board of boiler | 78488 |
| and pressure vessel inspectors; | 78489 |
| (E) The definitions and rules adopted by the board for the | 78490 |
| construction, installation, repair, conservation of energy, and | 78491 |
| operation of boilers and the construction and repair of pressure | 78492 |
| vessels and for ascertaining the safe working pressures to be used | 78493 |
| on such boilers and pressure vessels shall be based upon and | 78494 |
| follow generally accepted engineering standards, formulae, and | 78495 |
| practices established and pertaining to boilers and pressure | 78496 |
| vessel construction, operation, and safety, and the board may, for | 78497 |
| this purpose, adopt existing published standards as well as | 78498 |
| amendments thereto subsequently published by the same authority. | 78499 |
| When a person desires to manufacture a special type of boiler | 78500 |
| or pressure vessel, the design of which is not covered by the | 78501 |
| rules of the board, the person shall submit drawings and | 78502 |
| specifications of such boiler or pressure vessel to the board for | 78503 |
| investigation, after which the board may permit its installation. | 78504 |
| The provisions of sections 119.03 and 119.11 of the Revised | 78505 |
| Code in particular, and the applicable provisions of Chapter 119. | 78506 |
| of the Revised Code in general, shall govern the proceedings of | 78507 |
| the board of building standards in adopting, amending, or | 78508 |
| rescinding rules pursuant to this section. | 78509 |
| Sec. 4104.06. (A) The inspection of boilers and their | 78510 |
| appurtenances and pressure vessels shall be made by the | 78511 |
| inspectors mentioned in sections 4104.07 to 4104.20 of the Revised | 78512 |
|
Code. The superintendent
of
| 78513 |
| administer and enforce such sections and rules adopted by the | 78514 |
| board of building standards pursuant to section 4104.02 of the | 78515 |
| Revised Code. | 78516 |
| (B) The superintendent shall adopt, amend, and repeal rules | 78517 |
| exclusively for the issuance, renewal, suspension, and revocation | 78518 |
| of certificates of competency and certificates of operation, for | 78519 |
| conducting hearings in accordance with Chapter 119. of the Revised | 78520 |
| Code related to these actions, and for the inspection of boilers | 78521 |
| and their appurtenances, and pressure vessels. | 78522 |
| (C) Notwithstanding division (B) of this section, the | 78523 |
| superintendent shall not adopt rules relating to construction, | 78524 |
| maintenance, or repair of boilers and their appurtenances, or | 78525 |
| repair of pressure vessels. | 78526 |
| (D) The superintendent and each general inspector may enter | 78527 |
| any premises and any building or room at all reasonable hours to | 78528 |
| perform an examination or inspection. | 78529 |
| Sec. 4104.07. (A) An application for examination as an | 78530 |
| inspector of boilers and pressure vessels shall be in writing, | 78531 |
| accompanied by a fee of one hundred fifty dollars, upon a blank to | 78532 |
|
be
furnished by the superintendent of
| 78533 |
| labor. Any moneys collected under this section shall be paid into | 78534 |
|
the
state
treasury to the credit of the | 78535 |
| labor operating fund created in section 121.084 of the Revised | 78536 |
| Code. | 78537 |
| (B) The superintendent shall determine if an applicant meets | 78538 |
| all the requirements for examination in accordance with rules | 78539 |
| adopted by the board of building standards under section 4104.02 | 78540 |
| of the Revised Code. An application shall be rejected which | 78541 |
| contains any willful falsification, or untruthful statements. | 78542 |
| (C) An applicant shall be examined by the superintendent, by | 78543 |
| a written examination, prescribed by the board, dealing with the | 78544 |
| construction, installation, operation, maintenance, and repair of | 78545 |
| boilers and pressure vessels and their appurtenances, and the | 78546 |
| applicant shall be accepted or rejected on the merits of the | 78547 |
| applicant's application and examination. | 78548 |
| (D) Upon a favorable report by the superintendent of the | 78549 |
| result of an examination, the superintendent shall immediately | 78550 |
| issue to the successful applicant a certificate of competency to | 78551 |
| that effect. | 78552 |
| Sec. 4104.08. (A) The director of commerce may appoint from | 78553 |
| the holders of certificates of competency provided for in section | 78554 |
| 4104.07 of the Revised Code, general inspectors of boilers and | 78555 |
| pressure vessels. | 78556 |
| (B) Any company authorized to insure boilers and pressure | 78557 |
| vessels against explosion in this state may designate from holders | 78558 |
| of certificates of competency issued by the superintendent of | 78559 |
| 78560 | |
| competency or commissions issued by other states or nations whose | 78561 |
| examinations for certificates or commissions have been approved by | 78562 |
| the board of building standards, persons to inspect and stamp | 78563 |
| boilers and pressure vessels covered by the company's policies, | 78564 |
| and the superintendent shall issue to such persons commissions | 78565 |
| authorizing them to act as special inspectors. Special inspectors | 78566 |
| shall be compensated by the company designating them. | 78567 |
| (C) The director | 78568 |
| be charged by the superintendent for each certificate of | 78569 |
| competency or commission the superintendent issues. | 78570 |
| (D) The superintendent shall issue to each general or special | 78571 |
| inspector a commission to the effect that the holder thereof is | 78572 |
| authorized to inspect boilers and pressure vessels in this state. | 78573 |
| (E) No person shall be authorized to act as a general | 78574 |
| inspector or a special inspector who is directly or indirectly | 78575 |
| interested in the manufacture or sale of boilers or pressure | 78576 |
| vessels. | 78577 |
| Sec. 4104.09. The certificate of competency issued under | 78578 |
| section 4104.07 of the Revised Code or the commission provided for | 78579 |
| in section 4104.08 of the Revised Code may be revoked by the | 78580 |
|
superintendent of
| 78581 |
| or untrustworthiness of the holder thereof, or for willful | 78582 |
| falsification of any matter or statement contained in the holder's | 78583 |
| application or in a report of any inspection in accordance with | 78584 |
| Chapter 119. of the Revised Code. If a certificate or commission | 78585 |
| is lost or destroyed, a new certificate or commission shall be | 78586 |
| issued in its place without another examination. | 78587 |
| Sec. 4104.10. All unfired pressure vessels, except unfired | 78588 |
| pressure vessels exempt under section 4104.04 of the Revised Code, | 78589 |
| shall be thoroughly inspected during fabrication and upon | 78590 |
| completion and shall not be operated until a copy of the | 78591 |
| manufacturers' data report, properly executed and signed by the | 78592 |
| inspector is filed in the office of the superintendent of | 78593 |
| 78594 | |
| conform in every detail with applicable rules adopted by the board | 78595 |
| of building standards pursuant to section 4104.02 of the Revised | 78596 |
| Code. | 78597 |
| Sec. 4104.101. (A) No person shall install or make major | 78598 |
| repairs or modifications to any boiler without first registering | 78599 |
|
to do so with the division
of | 78600 |
| (B) No person shall make any installation or major repair or | 78601 |
| modification of any boiler without first obtaining a permit to do | 78602 |
| so from the division. The permit application form shall provide | 78603 |
| the name and address of the owner, location of the boiler, and | 78604 |
| type of repair or modification that will be made. The application | 78605 |
|
permit
fee shall be | 78606 |
| (C) The superintendent of
| 78607 |
| require annual registration of all contractors who install, make | 78608 |
| major repairs to, or modify any boiler. The board of building | 78609 |
| standards shall establish a reasonable fee to cover the cost of | 78610 |
| processing registrations. | 78611 |
| Sec. 4104.12. All boilers, except boilers mentioned in | 78612 |
| section 4104.04 of the Revised Code, shall be inspected when | 78613 |
| installed and shall not be operated until an appropriate | 78614 |
| certificate of operation has been issued by the superintendent of | 78615 |
| 78616 | |
| operation required by this section shall not be issued for any | 78617 |
| boiler which has not been thoroughly inspected during construction | 78618 |
| and upon completion, by either a general or special inspector, and | 78619 |
| which does not conform in every detail with the rules adopted by | 78620 |
| the board of building standards and unless, upon completion, such | 78621 |
| boiler is distinctly stamped under such rules by such inspector. | 78622 |
| Sec. 4104.15. (A) All certificates of inspection for | 78623 |
| boilers, issued prior to October 15, 1965, are valid and effective | 78624 |
| for the period set forth in such certificates unless sooner | 78625 |
|
withdrawn by
the superintendent of
| 78626 |
| The owner or user of any such boiler shall obtain an appropriate | 78627 |
| certificate of operation for such boiler, and shall not operate | 78628 |
| such boiler, or permit it to be operated unless a certificate of | 78629 |
| operation has been obtained in accordance with section 4104.17 of | 78630 |
| the Revised Code. | 78631 |
| (B) If, upon making the internal and external inspection | 78632 |
| required under sections 4104.11, 4104.12, and 4104.13 of the | 78633 |
| Revised Code, the inspector finds the boiler to be in safe working | 78634 |
| order, with the fittings necessary to safety, and properly set up, | 78635 |
| upon the inspector's report to the superintendent, the | 78636 |
| superintendent shall issue to the owner or user thereof, or renew, | 78637 |
| upon application and upon compliance with sections 4104.17 and | 78638 |
| 4104.18 of the Revised Code, a certificate of operation which | 78639 |
| shall state the maximum pressure at which the boiler may be | 78640 |
| operated, as ascertained by the rules of the board of building | 78641 |
| standards. Such certificates shall also state the name of the | 78642 |
| owner or user, the location, size, and number of each boiler, and | 78643 |
| the date of issuance, and shall be so placed as to be easily read | 78644 |
| in the engine room or boiler room of the plant where the boiler is | 78645 |
| located, except that the certificate of operation for a portable | 78646 |
| boiler shall be kept on the premises and shall be accessible at | 78647 |
| all times. | 78648 |
| (C) If an inspector at any inspection finds that the boiler | 78649 |
| or pressure vessel is not in safe working condition, or is not | 78650 |
| provided with the fittings necessary to safety, or if the fittings | 78651 |
| are improperly arranged, the inspector shall immediately notify | 78652 |
| the owner or user and person in charge of the boiler and shall | 78653 |
| report the same to the superintendent who may revoke, suspend, or | 78654 |
| deny the certificate of operation and not renew the same until the | 78655 |
| boiler or pressure vessel and its fittings are put in condition to | 78656 |
| insure safety of operation, and the owner or user shall not | 78657 |
| operate the boiler or pressure vessel, or permit it to be operated | 78658 |
| until such certificate has been granted or restored. | 78659 |
| (D) If the superintendent or a general boiler inspector finds | 78660 |
| that a pressure vessel or boiler or a part thereof poses an | 78661 |
| explosion hazard that reasonably can be regarded as posing an | 78662 |
| imminent danger of death or serious physical harm to persons, the | 78663 |
| superintendent or the general boiler inspector shall seal the | 78664 |
| pressure vessel or boiler and order, in writing, the operator or | 78665 |
| owner of the pressure vessel or boiler to immediately cease the | 78666 |
| pressure vessel's or boiler's operation. The order shall be | 78667 |
| effective until the nonconformities are eliminated, corrected, or | 78668 |
| otherwise remedied, or for a period of seventy-two hours from the | 78669 |
| time of issuance, whichever occurs first. During the | 78670 |
| seventy-two-hour period, the superintendent may request that the | 78671 |
| prosecuting attorney or city attorney of Franklin county or of the | 78672 |
| county in which the pressure vessel or boiler is located obtain an | 78673 |
| injunction restraining the operator or owner of the pressure | 78674 |
| vessel or boiler from continuing its operation after the | 78675 |
| seventy-two-hour period expires until the nonconformities are | 78676 |
| eliminated, corrected, or otherwise remedied. | 78677 |
| (E) Each boiler which has been inspected shall be assigned a | 78678 |
| number by the superintendent, which number shall be stamped on a | 78679 |
| nonferrous metal tag affixed to the boiler or its fittings by seal | 78680 |
| or otherwise. No person except an inspector shall deface or remove | 78681 |
| any such number or tag. | 78682 |
| (F) If the owner or user of any pressure vessel or boiler | 78683 |
| disagrees with the inspector as to the necessity for shutting down | 78684 |
| a pressure vessel or boiler or for making repairs or alterations | 78685 |
| in it, or taking any other measures for safety that are requested | 78686 |
| by an inspector, the owner or user may appeal from the decision of | 78687 |
| the inspector to the superintendent, who may, after such other | 78688 |
| inspection by a general inspector or special inspector as the | 78689 |
| superintendent deems necessary, decide the issue. | 78690 |
| (G) Neither sections 4104.01 to 4104.20 of the Revised Code, | 78691 |
| nor an inspection or report by any inspector, shall relieve the | 78692 |
| owner or user of a pressure vessel or boiler of the duty of using | 78693 |
| due care in the inspection, operation, and repair of the pressure | 78694 |
| vessel or boiler or of any liability for damages for failure to | 78695 |
| inspect, repair, or operate the pressure vessel or boiler safely. | 78696 |
| Sec. 4104.16. The owner or user of any boiler required by | 78697 |
| sections 4104.01 to 4104.20 of the Revised Code, to be inspected, | 78698 |
|
shall immediately
notify the superintendent of | 78699 |
| 78700 | |
| of the boiler is discovered. | 78701 |
| The owner or user of any stationary boiler required by such | 78702 |
| sections to be inspected, who moves the same, shall report to the | 78703 |
| superintendent the new location of the boiler. Such boiler shall | 78704 |
| be inspected before it is again operated. | 78705 |
| Sec. 4104.17. Certificates of operation issued for boilers | 78706 |
| subject to inspection under Chapter 4104. of the Revised Code | 78707 |
| shall be issued and renewed in accordance with and at dates | 78708 |
| prescribed by rules and regulations adopted by the superintendent | 78709 |
|
of | 78710 |
| Sec. 4104.18. (A) The owner or user of a boiler required | 78711 |
| under section 4104.12 of the Revised Code to be inspected upon | 78712 |
| installation, and the owner or user of a boiler for which a | 78713 |
| certificate of inspection has been issued which is replaced with | 78714 |
| an appropriate certificate of operation, shall pay to the | 78715 |
|
superintendent of
| 78716 |
|
of
| 78717 |
|
inspections
under
section 4104.11
of the Revised Code,
| 78718 |
| hundred dollars for boilers subject to biennial inspection under | 78719 |
|
section
4104.13 of the
Revised Code,
one hundred | 78720 |
| dollars for boilers subject to triennial inspection under section | 78721 |
|
4104.11
of the Revised
Code, or
two hundred
| 78722 |
| dollars for boilers subject to quinquennial inspection under | 78723 |
| section 4104.13 of the Revised Code. | 78724 |
| | 78725 |
| 78726 | |
| 78727 |
| (B) The fee for complete inspection during construction by a | 78728 |
| general inspector on boilers and pressure vessels manufactured | 78729 |
| within the state shall be thirty-five dollars per hour. Boiler and | 78730 |
| pressure vessel manufacturers other than those located in the | 78731 |
| state may secure inspection by a general inspector on work during | 78732 |
| construction, upon application to the superintendent, and upon | 78733 |
| payment of a fee of thirty-five dollars per hour, plus the | 78734 |
| necessary traveling and hotel expenses incurred by the inspector. | 78735 |
| (C) The application fee for applicants for steam engineer, | 78736 |
| high pressure boiler operator, or low pressure boiler operator | 78737 |
|
licenses is | 78738 |
| or renewal steam engineer, high pressure boiler operator, or low | 78739 |
|
pressure
boiler operator license is | 78740 |
| (D) The director of commerce, subject to the approval of the | 78741 |
| controlling board, may establish fees in excess of the fees | 78742 |
| provided in divisions (A), (B), and (C) of this section. Any | 78743 |
| moneys collected under this section shall be paid into the state | 78744 |
|
treasury to the
credit
of the | 78745 |
| operating fund created in section 121.084 of the Revised Code. | 78746 |
| (E) Any person who fails to pay an invoiced renewal fee or an | 78747 |
| invoiced inspection fee required for any inspection conducted by | 78748 |
|
the division of | 78749 |
| chapter within forty-five days of the invoice date shall pay a | 78750 |
| late payment fee equal to twenty-five per cent of the invoiced | 78751 |
| fee. | 78752 |
| (F) In addition to the fees assessed in divisions (A) and (B) | 78753 |
| of this section, the board of building standards shall assess the | 78754 |
| owner or user a fee of three dollars and twenty-five cents for | 78755 |
| each certificate of operation or renewal thereof issued under | 78756 |
| division (A) of this section and for each inspection conducted | 78757 |
| under division (B) of this section. The board shall adopt rules, | 78758 |
| in accordance with Chapter 119. of the Revised Code, specifying | 78759 |
| the manner by which the superintendent shall collect and remit to | 78760 |
| the board the fees assessed under this division and requiring that | 78761 |
| remittance of the fees be made at least quarterly. | 78762 |
| Sec. 4104.19. (A) Any person seeking a license to operate as | 78763 |
| a steam engineer, high pressure boiler operator, or low pressure | 78764 |
| boiler operator shall file a written application with the | 78765 |
|
superintendent of | 78766 |
| by the superintendent with the appropriate application fee as set | 78767 |
| forth in section 4104.18 of the Revised Code. The application | 78768 |
| shall contain information satisfactory to the superintendent to | 78769 |
| demonstrate that the applicant meets the requirements of division | 78770 |
| (B) of this section. The application shall be filed with the | 78771 |
| superintendent not more than sixty days and not less than thirty | 78772 |
| days before the license examination is offered. | 78773 |
| (B) To qualify to take the examination required to obtain a | 78774 |
| steam engineer, high pressure boiler operator, or low pressure | 78775 |
| boiler operator license, a person shall meet both of the following | 78776 |
| requirements: | 78777 |
| (1) Be at least eighteen years of age; | 78778 |
| (2) Have one year of experience in the operation of steam | 78779 |
| engines, high pressure boilers, or low pressure boilers as | 78780 |
| applicable to the type of license being sought, or a combination | 78781 |
| of experience and education for the type of license sought as | 78782 |
| determined to be acceptable by the superintendent. | 78783 |
| (C) No applicant shall qualify to take an examination or to | 78784 |
| renew a license if the applicant has violated this chapter or if | 78785 |
| the applicant has obtained or renewed a license issued under this | 78786 |
| chapter by fraud, misrepresentation, or deception. | 78787 |
| (D) The superintendent shall issue a license to each | 78788 |
| applicant who receives a passing score on the examination, as | 78789 |
| determined by the superintendent, for the license for which the | 78790 |
| applicant applied. | 78791 |
| (E) The superintendent may select and contract with one or | 78792 |
| more persons to do all of the following relative to the | 78793 |
| examinations for a license to operate as a steam engineer, high | 78794 |
| pressure boiler operator, or low pressure boiler operator: | 78795 |
| (1) Prepare, administer, score, and maintain the | 78796 |
| confidentiality of the examination; | 78797 |
| (2) Maintain responsibility for all expenses required to | 78798 |
| fulfill division (E)(1) of this section; | 78799 |
| (3) Charge each applicant a fee for administering the | 78800 |
| examination, in an amount authorized by the superintendent; | 78801 |
| (4) Design the examination for each type of license to | 78802 |
| determine an applicant's competence to operate the equipment for | 78803 |
| which the applicant is seeking licensure. | 78804 |
| (F) Each license issued under this chapter expires one year | 78805 |
| after the date of issue. Each person holding a valid, unexpired | 78806 |
| license may renew the license, without reexamination, by applying | 78807 |
| to the superintendent not more than ninety days before the | 78808 |
| expiration of the license, and submitting with the application the | 78809 |
| renewal fee established in section 4104.18 of the Revised Code. | 78810 |
| Upon receipt of the renewal information and fee, the | 78811 |
| superintendent shall issue the licensee a certificate of renewal. | 78812 |
| (G) The superintendent, in accordance with Chapter 119. of | 78813 |
| the Revised Code, may suspend or revoke any license, or may refuse | 78814 |
| to issue a license under this chapter upon finding that a licensee | 78815 |
| or an applicant for a license has violated or is violating the | 78816 |
| requirements of this chapter. | 78817 |
| Sec. 4104.21. On receipt of a notice pursuant to section | 78818 |
|
3123.43 of the Revised Code, the
superintendent of | 78819 |
| 78820 | |
| the Revised Code and any applicable rules adopted under section | 78821 |
| 3123.63 of the Revised Code with respect to a certificate or | 78822 |
| license issued pursuant to this chapter. | 78823 |
| Sec. 4104.33. There is hereby created the historical boilers | 78824 |
| licensing board consisting of seven members, three of whom shall | 78825 |
| be appointed by the governor with the advice and consent of the | 78826 |
| senate. The governor shall make initial appointments to the board | 78827 |
|
within ninety days after
| 78828 |
| October 24, 2002. Of the initial members appointed by the | 78829 |
|
governor, one shall be for a
term ending three years after
| 78830 |
| 78831 | |
|
a term ending four years after
| 78832 |
| October 24, 2002, and one shall be for a term ending five years | 78833 |
|
after
| 78834 |
| Thereafter, terms of office shall be for five years, each term | 78835 |
| ending on the same day of the same month of the year as did the | 78836 |
| term that it succeeds. Of the three members the governor appoints, | 78837 |
| one member shall be an employee of the division of boiler | 78838 |
| inspection in the department of commerce; one member shall be an | 78839 |
| independent mechanical engineer who is not involved in selling or | 78840 |
| inspecting historical boilers; and one shall be an active member | 78841 |
| of an association that represents managers of fairs or festivals. | 78842 |
| Two members of the board shall be appointed by the president | 78843 |
| of the senate and two members of the board shall be appointed by | 78844 |
| the speaker of the house of representatives. The president and | 78845 |
| speaker shall make initial appointments to the board within ninety | 78846 |
|
days after
| 78847 |
| the initial members appointed by the president, one shall be for a | 78848 |
|
term ending
four years after
| 78849 |
| October 24, 2002 and one shall be for a term ending five years | 78850 |
|
after
| 78851 |
| initial members appointed by the speaker, one shall be for a term | 78852 |
|
ending three years after
| 78853 |
| October 24, 2002 and one shall be for a term ending five years | 78854 |
|
after
| 78855 |
| Thereafter, terms of office shall be for five years, each term | 78856 |
| ending on the same day of the same month of the year as did the | 78857 |
| term that it succeeds. Of the four members appointed by the | 78858 |
| president and speaker, each shall own a historical boiler and also | 78859 |
| have at least ten years of experience in the operation of | 78860 |
| historical boilers, and each of these four members shall reside in | 78861 |
| a different region of the state. | 78862 |
| Each member shall hold office from the date of the member's | 78863 |
| appointment until the end of the term for which the member was | 78864 |
| appointed. Members may be reappointed. Vacancies shall be filled | 78865 |
| in the manner provided for initial appointments. Any member | 78866 |
| appointed to fill a vacancy occurring prior to the expiration date | 78867 |
| of the term for which the member's predecessor was appointed shall | 78868 |
| hold office as a member for the remainder of that term. A member | 78869 |
| shall continue in office subsequent to the expiration date of the | 78870 |
| member's term until the successor takes office or until a period | 78871 |
| of sixty days has elapsed, whichever occurs first. | 78872 |
| The members of the board, annually, shall elect, by majority | 78873 |
| vote, a chairperson from among their members. The board shall meet | 78874 |
| at least once annually and at other times at the call of the | 78875 |
| chairperson. Board members shall receive their actual and | 78876 |
| necessary expenses incurred in the discharge of their duties as | 78877 |
| board members. | 78878 |
| The superintendent of | 78879 |
| labor shall furnish office space, staff, and supplies to the board | 78880 |
| as the superintendent determines are necessary for the board to | 78881 |
| carry out its official duties under sections 4104.33 to 4104.37 of | 78882 |
| the Revised Code. | 78883 |
| Sec. 4104.42. (A) The owner of any power piping or process | 78884 |
| piping system shall ensure that all of the following are performed | 78885 |
| in compliance with applicable sections of the B31 standards | 78886 |
| contained in the code for pressure piping, published by the | 78887 |
| American society of mechanical engineers: | 78888 |
| (1) The design, fabrication, assembly, installation, testing, | 78889 |
| examination, and inspection of power and process piping systems; | 78890 |
| (2) Qualification of personnel and qualification of welding | 78891 |
| and brazing procedures; | 78892 |
| (3) The implementation of an inspection program. | 78893 |
| (B) The owner of a power piping or process piping system | 78894 |
| shall do both of the following: | 78895 |
| (1) Maintain for five years complete records documenting the | 78896 |
| design, examination, and testing of the piping system that include | 78897 |
| all of the following: | 78898 |
| (a) The specific edition of the code for pressure piping used | 78899 |
| in the design; | 78900 |
| (b) The design assumptions; | 78901 |
| (c) The calculations, piping material specifications, and | 78902 |
| construction documents for the piping; | 78903 |
| (d) The records of piping alterations; | 78904 |
| (e) The piping examination and inspection records. | 78905 |
| (2) Disclose the types and quantities of flammable, | 78906 |
| combustible, or hazardous materials proposed to be used in the | 78907 |
| facility to the building and fire code enforcement authorities who | 78908 |
| have inspection authority to enable those authorities to determine | 78909 |
| compliance with the rules the board of building standards adopts | 78910 |
| pursuant to section 3781.10 of the Revised Code and the rules the | 78911 |
| state fire marshal adopts pursuant to section 3737.82 of the | 78912 |
| Revised Code. | 78913 |
| (C) No person or state agency shall require that the records | 78914 |
| described in division (B)(1) of this section be submitted to the | 78915 |
|
division of | 78916 |
| commerce or to a certified building department for approval. | 78917 |
| (D) Nothing in this section limits the application of | 78918 |
| Chapters 4703. and 4733. of the Revised Code. | 78919 |
| Sec. 4104.43. (A)(1) The board of building standards shall | 78920 |
| adopt rules establishing requirements for the design, | 78921 |
| installation, inspection of and design review procedure for | 78922 |
| building services piping. | 78923 |
| (2) The board of building standards shall adopt rules | 78924 |
| establishing requirements for the design, installation, inspection | 78925 |
| of and design review procedure for nonflammable medical gas, | 78926 |
| medical oxygen, and medical vacuum piping systems. | 78927 |
| (B) A municipal, township, or county building department | 78928 |
| certified under division (E) of section 3781.10 of the Revised | 78929 |
| Code shall enforce the rules the board adopts pursuant to division | 78930 |
| (A)(2) of this section if that building department requests and | 78931 |
| obtains special certification to enforce those rules. | 78932 |
| (C) In a health district where no municipal, township, or | 78933 |
| county building department is specially certified under division | 78934 |
| (B) of this section, an employee of the health district shall | 78935 |
| enforce the rules adopted pursuant to division (A)(2) of this | 78936 |
| section if both of the following conditions are satisfied: | 78937 |
| (1) The health district employee requests and obtains special | 78938 |
| certification by the board to enforce those rules. | 78939 |
| (2) The health district notifies the superintendent of the | 78940 |
|
division of | 78941 |
| commerce that the health district's specially certified employee | 78942 |
| shall enforce those rules. | 78943 |
| (D) In a jurisdiction where enforcement authority as | 78944 |
| described in divisions (B) and (C) of this section does not exist, | 78945 |
|
the superintendent of | 78946 |
| shall enforce the rules the board adopts pursuant to division | 78947 |
| (A)(2) of this section. | 78948 |
| Sec. 4104.44. All welding and brazing of metallic piping | 78949 |
| systems shall be performed in accordance with section IX of the | 78950 |
| boiler and pressure vessel code, published by the American society | 78951 |
| of mechanical engineers. The owner shall maintain, at the job | 78952 |
| site, the certified performance qualification records of all | 78953 |
| welders and brazers employed at the facility. The owner shall | 78954 |
| submit copies of all certified welding and brazing procedure | 78955 |
| specifications, procedure qualification records, and performance | 78956 |
| qualification records for building services piping for review to | 78957 |
|
the superintendent of | 78958 |
| in the department of commerce in accordance with rules the | 78959 |
| superintendent adopts. The submission shall be accompanied by the | 78960 |
| fee the superintendent establishes. | 78961 |
| Sec. 4104.48. (A) No person shall violate sections 4104.41 | 78962 |
| to 4104.48 of the Revised Code, fail to perform any duty lawfully | 78963 |
| enjoined in connection with those sections, or fail to comply with | 78964 |
|
any order issued by the superintendent of | 78965 |
| 78966 | |
| any court in connection with the enforcement of sections 4104.41 | 78967 |
| to 4104.48 of the Revised Code. | 78968 |
| (B) Every day during which a person violates sections 4104.41 | 78969 |
| to 4104.48 of the Revised Code, fails to perform any duty lawfully | 78970 |
| enjoined in connection with those sections, or fails to comply | 78971 |
|
with any order issued by the superintendent | 78972 |
| 78973 | |
| court in connection with the enforcement of sections 4104.41 to | 78974 |
| 4104.48 of the Revised Code constitutes a separate offense. | 78975 |
| Sec. 4105.01. As used in this chapter: | 78976 |
| (A) "Elevator" means a hoisting and lowering apparatus | 78977 |
| equipped with a car, cage, or platform which moves on or between | 78978 |
| permanent rails or guides and serves two or more fixed landings in | 78979 |
| a building or structure to which section 3781.06 of the Revised | 78980 |
| Code applies. "Elevator" includes dumb-waiters other than | 78981 |
|
hand-powered
dumb-waiters, escalators,
| 78982 |
| moving walks, of the endless belt type, other lifting or lowering | 78983 |
| apparatus permanently installed on or between rails or guides, and | 78984 |
| all equipment, machinery, and construction related to any | 78985 |
| elevator; but does not include construction hoists and other | 78986 |
| similar temporary lifting or lowering apparatuses, ski lifts, | 78987 |
| traveling, portable amusement rides or devices that are not | 78988 |
| affixed to a permanent foundation, or nonportable amusement rides | 78989 |
| or devices that are affixed to a permanent foundation. | 78990 |
| (B) "Passenger elevator" means an elevator that is designed | 78991 |
| to carry persons to its contract capacity. | 78992 |
| (C) "Freight elevator" means an elevator normally used for | 78993 |
| carrying freight and on which only the operator and employees in | 78994 |
| the pursuit of their duties, by the permission of the employer, | 78995 |
| are allowed to ride. | 78996 |
| (D) "Gravity elevator" means an elevator utilizing gravity to | 78997 |
| move. | 78998 |
| (E) "General inspector" means a state inspector examined and | 78999 |
| hired to inspect elevators and lifting apparatus for that state. | 79000 |
| (F) "Special inspector" means an inspector examined and | 79001 |
|
commissioned by the superintendent of | 79002 |
| 79003 | |
| state. | 79004 |
| (G) "Inspector" means either a general or special inspector. | 79005 |
| Sec. 4105.02. No person may act, either as a general | 79006 |
|
inspector or as a special inspector, of elevators, unless | 79007 |
| person holds a certificate of competency from the division of | 79008 |
| 79009 |
| Application for examination as an inspector of elevators | 79010 |
| shall be in writing, accompanied by a fee to be established as | 79011 |
| provided in section 4105.17 of the Revised Code, and upon a blank | 79012 |
| to be furnished by the division, stating the school education of | 79013 |
|
the applicant, a list of | 79014 |
| applicant's period of employment, and the position held with each. | 79015 |
|
An applicant shall
also submit a letter from one or more of | 79016 |
| the applicant's
previous employers
certifying as to | 79017 |
| applicant's character and experience. | 79018 |
| Applications shall be rejected which contain any willful | 79019 |
| falsification or untruthful statements. An applicant, if the | 79020 |
|
division considers | 79021 |
|
sufficient, shall be
examined by the superintendent of | 79022 |
| 79023 | |
| dealing with the construction, installation, operation, | 79024 |
| maintenance, and repair of elevators and their appurtenances, and | 79025 |
|
the applicant
shall be accepted or rejected on the merits of | 79026 |
| the applicant's application and examination. | 79027 |
| The superintendent shall issue a certificate of competency in | 79028 |
| the inspection of elevators to any applicant found competent upon | 79029 |
| examination. A rejected applicant shall be entitled, after the | 79030 |
| expiration of ninety days and upon payment of an examination fee | 79031 |
| to be established as provided in section 4105.17 of the Revised | 79032 |
| Code, to another examination. Should an applicant fail to pass the | 79033 |
|
prescribed examination on second trial, | 79034 |
| be permitted to be an applicant for another examination for a | 79035 |
| period of one year after the second examination. | 79036 |
| Sec. 4105.03. The superintendent of | 79037 |
| 79038 | |
| commerce, shall hire an assistant who has at least ten years of | 79039 |
| experience in the construction, installation, maintenance, and | 79040 |
| repair of elevators and their appurtenances. | 79041 |
| The superintendent, with the consent of the director | 79042 |
| 79043 | |
| may appoint and hire general inspectors of elevators from the | 79044 |
| holders of certificates of competency. | 79045 |
| Sec. 4105.04. From the holders of certificates of competency | 79046 |
| in the inspection of elevators, any company that is authorized to | 79047 |
| insure elevators in the state, may designate persons to inspect | 79048 |
| elevators covered by such company's policies, and the department | 79049 |
| of public safety of any city and the clerk of any village may | 79050 |
| designate persons to inspect elevators in such city or village. | 79051 |
| Such persons shall, upon the payment of a fee to be established as | 79052 |
| provided in section 4105.17 of the Revised Code, have issued to | 79053 |
|
them
annually by the division of | 79054 |
| commissions to serve as special inspectors of elevators in the | 79055 |
| state. | 79056 |
| Sec. 4105.05. A commission to serve as a special inspector | 79057 |
|
may
be suspended or revoked by the superintendent of | 79058 |
| 79059 | |
| untrustworthiness of the holder thereof, or for the falsification | 79060 |
|
of any matter or statement contained in | 79061 |
| application or in a report of any inspection. | 79062 |
| Sec. 4105.06. If a certificate or commission issued under | 79063 |
| sections 4105.02 and 4105.04 of the Revised Code is lost or | 79064 |
| destroyed a new one shall be issued in its place by the division | 79065 |
|
of | 79066 |
| the payment of a fee to be established as provided in section | 79067 |
| 4105.07 of the Revised Code. | 79068 |
| Sec. 4105.09. The owner or user of any elevator shall | 79069 |
|
register, with the
division of | 79070 |
|
elevator operated by | 79071 |
| capacity, and description, name of manufacturer, and purpose for | 79072 |
| which each is used. Such registration shall be made on a form to | 79073 |
| be furnished by the division. | 79074 |
| Sec. 4105.11. The inspection of elevators shall be made by | 79075 |
| the inspectors authorized in sections 4105.03 and 4105.04 of the | 79076 |
|
Revised Code, under the
supervision of the superintendent of | 79077 |
| 79078 | |
| shall enforce this chapter and any rules adopted pursuant thereto. | 79079 |
| Every inspector shall forward to the superintendent a full | 79080 |
| and complete report of each inspection made of any elevator and | 79081 |
| shall, on the day the inspection is completed, leave a copy of | 79082 |
|
such report with the owner or operator of the elevator, or | 79083 |
| owner's or operator's agent or representative. Such report shall | 79084 |
| indicate the exact condition of the elevator and shall list any | 79085 |
| and all of the provisions of this chapter and any rules adopted | 79086 |
| pursuant thereto, with which the elevator does not comply. Before | 79087 |
| attempting to enforce, by any remedy, civil or criminal, the | 79088 |
| provisions with which the inspected elevator does not comply, the | 79089 |
| chief shall issue an adjudication order within the meaning of | 79090 |
| Chapter 119. of the Revised Code. | 79091 |
| The approval of construction plans, or an application of | 79092 |
| specifications under section 4105.16 of the Revised Code is a | 79093 |
| license, and the failure to approve such plans or specifications | 79094 |
| by the chief within sixty days after they are filed is an | 79095 |
| adjudication order denying the issuance of a license. | 79096 |
| Every adjudication order shall specify what appliances, site | 79097 |
| preparations, additions, repairs, or alterations to any elevators, | 79098 |
| plans, materials, assemblages, or procedures are necessary for the | 79099 |
| same to comply with this chapter, or any rules adopted pursuant | 79100 |
| thereto. Such adjudication order shall be issued pursuant to | 79101 |
| Chapter 119. of the Revised Code and shall be effective without | 79102 |
| prior hearing, within thirty days after the receipt of such order, | 79103 |
| the owner of the elevator specified therein may appeal to the | 79104 |
| board of building appeals under section 3781.19 of the Revised | 79105 |
| Code. | 79106 |
| Notwithstanding the provisions of Chapter 119. of the Revised | 79107 |
| Code relating to adjudication hearings, a stenographic or | 79108 |
| mechanical record of the testimony and other evidence submitted | 79109 |
| before the board of building appeals shall be taken at the expense | 79110 |
| of the agency. A party adversely affected by an order issued | 79111 |
| following such adjudication hearing may appeal to the court of | 79112 |
|
common
pleas of the county in which | 79113 |
| in which the elevator affected by such order is located. The court | 79114 |
| in such case shall not be confined to the record as certified to | 79115 |
| it by the agency, but any party may produce additional evidence | 79116 |
| and the court shall hear the matter upon such record and such | 79117 |
| additional evidence as is introduced by any party. The court shall | 79118 |
| not affirm the order of the agency unless the preponderance of the | 79119 |
| evidence before it supports the reasonableness and lawfulness of | 79120 |
| such order, and of any rules upon which the order of the agency is | 79121 |
| based in its application to the facts involved in the appeal. | 79122 |
| Failure to comply with the requirements of any order issued | 79123 |
| pursuant to this section or the continued operation of any | 79124 |
| elevator after it has been sealed pursuant to section 4105.21 of | 79125 |
| the Revised Code is hereby declared a public nuisance. | 79126 |
| Sec. 4105.12. (A) The superintendent of | 79127 |
| 79128 | |
| exclusively for the issuance, renewal, suspension, and revocation | 79129 |
| of certificates of competency and certificates of operation, for | 79130 |
| the conduct of hearings related to these actions, and for the | 79131 |
| inspection of elevators. | 79132 |
| (B) Notwithstanding division (A) of this section, the | 79133 |
| superintendent shall not adopt rules relating to construction, | 79134 |
| maintenance, and repair of elevators. | 79135 |
| Sec. 4105.13. Every elevator shall be constructed, equipped, | 79136 |
| maintained, and operated, with respect to the supporting members, | 79137 |
| elevator car, shaftways, guides, cables, doors, and gates, safety | 79138 |
| stops and mechanism, electrical apparatus and wiring, mechanical | 79139 |
| apparatus, counterweights, and all other appurtenances, in | 79140 |
| accordance with state laws and rules as are authorized in respect | 79141 |
| thereto. Where reasonable safety is obtained without complying to | 79142 |
| the literal requirements of such rules as in cases of practical | 79143 |
| difficulty or unnecessary hardship, the literal requirements of | 79144 |
|
such rules shall not be required. The superintendent of | 79145 |
| 79146 | |
| installation of vertical wheelchair lifts in public buildings to | 79147 |
| provide for handicapped accessibility where such lifts do not meet | 79148 |
| the literal requirements of the rules adopted by the board of | 79149 |
| building standards pursuant to section 4105.011 of the Revised | 79150 |
| Code, provided that reasonable safety may be obtained. | 79151 |
| Sec. 4105.15. No certificate of operation for any elevator | 79152 |
| shall be issued by the director of commerce until such elevator | 79153 |
| has been inspected as required by this chapter. Certificates of | 79154 |
| operation shall be renewed by the owner or user of the elevator in | 79155 |
|
accordance with rules adopted by the superintendent of | 79156 |
| 79157 | |
| 4105.12 of the Revised Code. | 79158 |
| Sec. 4105.16. Before any new installation of an elevator of | 79159 |
| permanent nature is erected or before any existing elevator is | 79160 |
| removed to and installed in a different location, an application | 79161 |
| of specifications in duplicate shall be submitted to the division | 79162 |
|
of | 79163 |
| the construction, installation, and operation of said elevator as | 79164 |
| the division may require on forms to be furnished by the division, | 79165 |
| together with complete construction plans in duplicate. In all | 79166 |
| cases where any changes or repairs are made which alter its | 79167 |
| construction of classification, grade or rated lifting capacity, | 79168 |
| except when made pursuant to a report of an inspector, an | 79169 |
| application of specifications in duplicate shall be submitted to | 79170 |
| the division, containing such information, or approval, except in | 79171 |
| those municipal corporations which maintain their own elevator | 79172 |
| inspection departments, in which event such specifications shall | 79173 |
| be submitted to the elevator department of the municipal | 79174 |
| corporation for its approval, and if approved, a permit for the | 79175 |
| erection or repair of such elevator shall be issued by the | 79176 |
| municipal corporation. Upon approval of such application and | 79177 |
|
construction plans,
the
superintendent of
| 79178 |
| labor shall issue a permit for the erection or repair of such | 79179 |
| elevator. No new elevator shall be operated until completion in | 79180 |
| accordance with the approved plans and specifications, unless a | 79181 |
| temporary permit is granted by the division. | 79182 |
| The final inspection, before operation, of a permanent, new | 79183 |
| or repaired elevator shall be made by a general inspector or a | 79184 |
| special inspector designated by the superintendent. | 79185 |
| Sec. 4105.17. (A) The fee for each inspection, or attempted | 79186 |
| inspection that, due to no fault of a general inspector or the | 79187 |
|
division of
| 79188 |
| completed, by a general inspector before the operation of a | 79189 |
| permanent new elevator prior to the issuance of a certificate of | 79190 |
| operation, before operation of an elevator being put back into | 79191 |
| service after a repair or after an adjudication under section | 79192 |
| 4105.11 of the Revised Code, or as a result of the operation of | 79193 |
| section 4105.08 of the Revised Code and is an elevator required | 79194 |
| to be inspected under this chapter is one hundred twenty dollars | 79195 |
| plus ten dollars for each floor where the elevator stops. The | 79196 |
|
superintendent
of
| 79197 |
|
additional fee of one hundred
| 79198 |
| ten dollars for each floor where an elevator stops for the | 79199 |
| reinspection of an elevator when a previous attempt to inspect | 79200 |
| that elevator has been unsuccessful through no fault of a general | 79201 |
|
inspector or the division | 79202 |
| (B) The fee for each inspection, or attempted inspection, | 79203 |
|
that due to no fault of the general inspector or the division | 79204 |
| 79205 | |
| inspector before operation of a permanent new escalator or moving | 79206 |
| walk prior to the issuance of a certificate of operation, before | 79207 |
| operation of an escalator or moving walk being put back in service | 79208 |
| after a repair, or as a result of the operation of section 4105.08 | 79209 |
| of the Revised Code is three hundred dollars. The superintendent | 79210 |
| 79211 | |
| fee of one hundred fifty dollars for the reinspection of an | 79212 |
| escalator or moving walk when a previous attempt to inspect that | 79213 |
| escalator or moving walk has been unsuccessful through no fault of | 79214 |
|
the general inspector or the division | 79215 |
| (C) The fee for issuing or renewing a certificate of | 79216 |
| operation under section 4105.15 of the Revised Code for an | 79217 |
| elevator that is inspected every six months in accordance with | 79218 |
| division (A) of section 4105.10 of the Revised Code is two hundred | 79219 |
| twenty dollars
plus | 79220 |
| elevator stops, except where the elevator has been inspected by a | 79221 |
| special inspector in accordance with section 4105.07 of the | 79222 |
| Revised Code. | 79223 |
| (D) The fee for issuing or renewing a certificate of | 79224 |
| operation under section 4105.05 of the Revised Code for an | 79225 |
| elevator that is inspected every twelve months in accordance with | 79226 |
| division (A) of section 4105.10 of the Revised Code is fifty-five | 79227 |
| dollars plus ten dollars for each floor where the elevator stops, | 79228 |
| except where the elevator has been inspected by a special | 79229 |
| inspector in accordance with section 4105.07 of the Revised Code. | 79230 |
| (E) The fee for issuing or renewing a certificate of | 79231 |
| operation under section 4105.15 of the Revised Code for an | 79232 |
| escalator or moving walk is three hundred dollars, except where | 79233 |
| the escalator or moving walk has been inspected by a special | 79234 |
| inspector in accordance section 4105.07 of the Revised Code. | 79235 |
| (F) All other fees to be charged for any examination given or | 79236 |
|
other service performed by the division | 79237 |
| pursuant to this chapter shall be prescribed by the director of | 79238 |
| commerce. The fees shall be reasonably related to the costs of | 79239 |
| such examination or other service. | 79240 |
| (G) The
director | 79241 |
| controlling board, may establish fees in excess of the fees | 79242 |
| provided in divisions (A), (B), (C), (D), and (E) of this section. | 79243 |
| Any moneys collected under this section shall be paid into the | 79244 |
|
state
treasury
to the credit
of the | 79245 |
| operating fund created in section 121.084 of the Revised Code. | 79246 |
| (H) Any person who fails to pay an inspection fee required | 79247 |
| for any inspection conducted by the division pursuant to this | 79248 |
| chapter within forty-five days after the inspection is conducted | 79249 |
| shall pay a late payment fee equal to twenty-five per cent of the | 79250 |
| inspection fee. | 79251 |
| (I) In addition to the fees assessed in divisions (A), (B), | 79252 |
| (C), (D), and (E) of this section, the board of building standards | 79253 |
| shall assess a fee of three dollars and twenty-five cents for each | 79254 |
| certificate of operation or renewal thereof issued under | 79255 |
| divisions (A), (B), (C), (D), or (E) of this section and for each | 79256 |
| permit issued under section 4105.16 of the Revised Code. The | 79257 |
| board shall adopt rules, in accordance with Chapter 119. of the | 79258 |
| Revised Code, specifying the manner by which the superintendent | 79259 |
| 79260 | |
| fees assessed under this division and requiring that remittance | 79261 |
| of the fees be made at least quarterly. | 79262 |
| (J) For purposes of this section: | 79263 |
| (1) "Escalator" means a power driven, inclined, continuous | 79264 |
| stairway used for raising or lowering passengers. | 79265 |
| (2) "Moving walk" means a passenger carrying device on which | 79266 |
| passengers stand or walk, with a passenger carrying surface that | 79267 |
| is uninterrupted and remains parallel to its direction of motion. | 79268 |
| Sec. 4105.191. Any person owning or operating any elevator | 79269 |
| subject to this chapter shall file a written report with the | 79270 |
|
superintendent of
| 79271 |
| within seventy-two hours after the occurrence of any accident | 79272 |
| involving such elevator which results in death or bodily injury to | 79273 |
| any person. | 79274 |
| Sec. 4105.20. No person shall violate any law relative to | 79275 |
| the operation, construction, maintenance, and repair of elevators. | 79276 |
| All fines collected for violation of this section shall be | 79277 |
|
forwarded to the superintendent of | 79278 |
| 79279 | |
|
the credit of the | 79280 |
| created in section 121.084 of the Revised Code. | 79281 |
| Sec. 4105.21. The superintendent of | 79282 |
| 79283 | |
| superintendent or a general inspector of elevators finds that an | 79284 |
| elevator or a part thereof does not afford reasonable safety as | 79285 |
| required by section 4105.13 of the Revised Code, the | 79286 |
| superintendent or the general inspector may seal such elevator and | 79287 |
| post a notice thereon prohibiting further use of the elevator | 79288 |
| until the changes or alterations set forth in the notice have been | 79289 |
| made to the satisfaction of the superintendent or the inspector. | 79290 |
| The notice shall contain a statement that operators or passengers | 79291 |
| are subject to injury by its continued use, a description of the | 79292 |
| alteration or other change necessary to be made in order to secure | 79293 |
| safety of operation, date of such notice, name and signature of | 79294 |
| the superintendent or inspector issuing the notice. | 79295 |
| Sec. 4112.01. (A) As used in this chapter: | 79296 |
| (1) "Person" includes one or more individuals, partnerships, | 79297 |
| associations, organizations, corporations, legal representatives, | 79298 |
| trustees, trustees in bankruptcy, receivers, and other organized | 79299 |
| groups of persons. "Person" also includes, but is not limited to, | 79300 |
| any owner, lessor, assignor, builder, manager, broker, | 79301 |
| salesperson, appraiser, agent, employee, lending institution, and | 79302 |
| the state and all political subdivisions, authorities, agencies, | 79303 |
| boards, and commissions of the state. | 79304 |
| (2) "Employer" includes the state, any political subdivision | 79305 |
| of the state, any person employing four or more persons within the | 79306 |
| state, and any person acting directly or indirectly in the | 79307 |
| interest of an employer. | 79308 |
| (3) "Employee" means an individual employed by any employer | 79309 |
| but does not include any individual employed in the domestic | 79310 |
| service of any person. | 79311 |
| (4) "Labor organization" includes any organization that | 79312 |
| exists, in whole or in part, for the purpose of collective | 79313 |
| bargaining or of dealing with employers concerning grievances, | 79314 |
| terms or conditions of employment, or other mutual aid or | 79315 |
| protection in relation to employment. | 79316 |
| (5) "Employment agency" includes any person regularly | 79317 |
| undertaking, with or without compensation, to procure | 79318 |
| opportunities to work or to procure, recruit, refer, or place | 79319 |
| employees. | 79320 |
| (6) "Commission" means the Ohio civil rights commission | 79321 |
| created by section 4112.03 of the Revised Code. | 79322 |
| (7) "Discriminate" includes segregate or separate. | 79323 |
| (8) "Unlawful discriminatory practice" means any act | 79324 |
| prohibited by section 4112.02, 4112.021, or 4112.022 of the | 79325 |
| Revised Code. | 79326 |
| (9) "Place of public accommodation" means any inn, | 79327 |
| restaurant, eating house, barbershop, public conveyance by air, | 79328 |
| land, or water, theater, store, other place for the sale of | 79329 |
| merchandise, or any other place of public accommodation or | 79330 |
| amusement of which the accommodations, advantages, facilities, or | 79331 |
| privileges are available to the public. | 79332 |
| (10) "Housing accommodations" includes any building or | 79333 |
| structure, or portion of a building or structure, that is used or | 79334 |
| occupied or is intended, arranged, or designed to be used or | 79335 |
| occupied as the home residence, dwelling, dwelling unit, or | 79336 |
| sleeping place of one or more individuals, groups, or families | 79337 |
| whether or not living independently of each other; and any vacant | 79338 |
| land offered for sale or lease. "Housing accommodations" also | 79339 |
| includes any housing accommodations held or offered for sale or | 79340 |
| rent by a real estate broker, salesperson, or agent, by any other | 79341 |
| person pursuant to authorization of the owner, by the owner, or by | 79342 |
| the owner's legal representative. | 79343 |
| (11) "Restrictive covenant" means any specification limiting | 79344 |
| the transfer, rental, lease, or other use of any housing | 79345 |
| accommodations because of race, color, religion, sex, military | 79346 |
| status, familial status, national origin, disability, or ancestry, | 79347 |
| or any limitation based upon affiliation with or approval by any | 79348 |
| person, directly or indirectly, employing race, color, religion, | 79349 |
| sex, military status, familial status, national origin, | 79350 |
| disability, or ancestry as a condition of affiliation or approval. | 79351 |
| (12) "Burial lot" means any lot for the burial of deceased | 79352 |
| persons within any public burial ground or cemetery, including, | 79353 |
| but not limited to, cemeteries owned and operated by municipal | 79354 |
| corporations, townships, or companies or associations incorporated | 79355 |
| for cemetery purposes. | 79356 |
| (13) "Disability" means a physical or mental impairment that | 79357 |
| substantially limits one or more major life activities, including | 79358 |
| the functions of caring for one's self, performing manual tasks, | 79359 |
| walking, seeing, hearing, speaking, breathing, learning, and | 79360 |
| working; a record of a physical or mental impairment; or being | 79361 |
| regarded as having a physical or mental impairment. | 79362 |
| (14) Except as otherwise provided in section 4112.021 of the | 79363 |
| Revised Code, "age" means at least forty years old. | 79364 |
| (15) "Familial status" means either of the following: | 79365 |
| (a) One or more individuals who are under eighteen years of | 79366 |
| age and who are domiciled with a parent or guardian having legal | 79367 |
| custody of the individual or domiciled, with the written | 79368 |
| permission of the parent or guardian having legal custody, with a | 79369 |
| designee of the parent or guardian; | 79370 |
| (b) Any person who is pregnant or in the process of securing | 79371 |
| legal custody of any individual who is under eighteen years of | 79372 |
| age. | 79373 |
| (16)(a) Except as provided in division (A)(16)(b) of this | 79374 |
| section, "physical or mental impairment" includes any of the | 79375 |
| following: | 79376 |
| (i) Any physiological disorder or condition, cosmetic | 79377 |
| disfigurement, or anatomical loss affecting one or more of the | 79378 |
| following body systems: neurological; musculoskeletal; special | 79379 |
| sense organs; respiratory, including speech organs; | 79380 |
| cardiovascular; reproductive; digestive; genito-urinary; hemic and | 79381 |
| lymphatic; skin; and endocrine; | 79382 |
| (ii) Any mental or psychological disorder, including, but not | 79383 |
| limited to, mental retardation, organic brain syndrome, emotional | 79384 |
| or mental illness, and specific learning disabilities; | 79385 |
| (iii) Diseases and conditions, including, but not limited to, | 79386 |
| orthopedic, visual, speech, and hearing impairments, cerebral | 79387 |
| palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, | 79388 |
| cancer, heart disease, diabetes, human immunodeficiency virus | 79389 |
| infection, mental retardation, emotional illness, drug addiction, | 79390 |
| and alcoholism. | 79391 |
| (b) "Physical or mental impairment" does not include any of | 79392 |
| the following: | 79393 |
| (i) Homosexuality and bisexuality; | 79394 |
| (ii) Transvestism, transsexualism, pedophilia, exhibitionism, | 79395 |
| voyeurism, gender identity disorders not resulting from physical | 79396 |
| impairments, or other sexual behavior disorders; | 79397 |
| (iii) Compulsive gambling, kleptomania, or pyromania; | 79398 |
| (iv) Psychoactive substance use disorders resulting from the | 79399 |
| current illegal use of a controlled substance or the current use | 79400 |
| of alcoholic beverages. | 79401 |
| (17) "Dwelling unit" means a single unit of residence for a | 79402 |
| family of one or more persons. | 79403 |
| (18) "Common use areas" means rooms, spaces, or elements | 79404 |
| inside or outside a building that are made available for the use | 79405 |
| of residents of the building or their guests, and includes, but is | 79406 |
| not limited to, hallways, lounges, lobbies, laundry rooms, refuse | 79407 |
| rooms, mail rooms, recreational areas, and passageways among and | 79408 |
| between buildings. | 79409 |
| (19) "Public use areas" means interior or exterior rooms or | 79410 |
| spaces of a privately or publicly owned building that are made | 79411 |
| available to the general public. | 79412 |
| (20) "Controlled substance" has the same meaning as in | 79413 |
| section 3719.01 of the Revised Code. | 79414 |
| (21) "Disabled tenant" means a tenant or prospective tenant | 79415 |
| who is a person with a disability. | 79416 |
| (22) "Military status" means a person's status in "service in | 79417 |
| the uniformed services" as defined in section 5923.05 of the | 79418 |
| Revised Code. | 79419 |
| (23) "Aggrieved person" means both of the following: | 79420 |
| (a) Any person who claims to have been injured by, or who | 79421 |
| believes that the person will be injured by, any unlawful | 79422 |
| discriminatory practice described in division (H) of section | 79423 |
| 4112.02 of the Revised Code; | 79424 |
| (b) Any individual, fair housing enforcement organization as | 79425 |
| defined in 42 U.S.C. 3616a, other private nonprofit fair housing | 79426 |
| enforcement organization, or nonprofit group performing | 79427 |
| investigations and enforcement activities designed to identify, | 79428 |
| eliminate, and remedy the unlawful discriminatory practices | 79429 |
| described in division (H) of section 4112.02 of the Revised Code. | 79430 |
| (B) For the purposes of divisions (A) to (F) of section | 79431 |
| 4112.02 of the Revised Code, the terms "because of sex" and "on | 79432 |
| the basis of sex" include, but are not limited to, because of or | 79433 |
| on the basis of pregnancy, any illness arising out of and | 79434 |
| occurring during the course of a pregnancy, childbirth, or related | 79435 |
| medical conditions. Women affected by pregnancy, childbirth, or | 79436 |
| related medical conditions shall be treated the same for all | 79437 |
| employment-related purposes, including receipt of benefits under | 79438 |
| fringe benefit programs, as other persons not so affected but | 79439 |
| similar in their ability or inability to work, and nothing in | 79440 |
| division (B) of section 4111.17 of the Revised Code shall be | 79441 |
| interpreted to permit otherwise. This division shall not be | 79442 |
| construed to require an employer to pay for health insurance | 79443 |
| benefits for abortion, except where the life of the mother would | 79444 |
| be endangered if the fetus were carried to term or except where | 79445 |
| medical complications have arisen from the abortion, provided that | 79446 |
| nothing in this division precludes an employer from providing | 79447 |
| abortion benefits or otherwise affects bargaining agreements in | 79448 |
| regard to abortion. | 79449 |
| Sec. 4112.04. (A) The commission shall do all of the | 79450 |
| following: | 79451 |
| (1) Establish and maintain a principal office in the city of | 79452 |
| Columbus and any other offices within the state that it considers | 79453 |
| necessary; | 79454 |
| (2) Appoint an executive director who shall serve at the | 79455 |
| pleasure of the commission and be its principal administrative | 79456 |
| officer. The executive director shall be paid a salary fixed | 79457 |
| pursuant to Chapter 124. of the Revised Code. | 79458 |
| (3) Appoint hearing examiners and other employees and agents | 79459 |
| who it considers necessary and prescribe their duties subject to | 79460 |
| Chapter 124. of the Revised Code; | 79461 |
| (4) Adopt, promulgate, amend, and rescind rules to effectuate | 79462 |
| the provisions of this chapter and the policies and practice of | 79463 |
| the commission in connection with this chapter; | 79464 |
| (5) Formulate policies to effectuate the purposes of this | 79465 |
| chapter and make recommendations to agencies and officers of the | 79466 |
| state or political subdivisions to effectuate the policies; | 79467 |
| (6) Receive, investigate, and pass upon written charges made | 79468 |
| under oath of unlawful discriminatory practices; | 79469 |
| (7) Make periodic surveys of the existence and effect of | 79470 |
| discrimination because of race, color, religion, sex, military | 79471 |
| status, familial status, national origin, disability, age, or | 79472 |
| ancestry on the enjoyment of civil rights by persons within the | 79473 |
| state; | 79474 |
| (8) Report, from time to time, but not less than once a year, | 79475 |
| to the general assembly and the governor, describing in detail the | 79476 |
| investigations, proceedings, and hearings it has conducted and | 79477 |
| their outcome, the decisions it has rendered, and the other work | 79478 |
| performed by it, which report shall include a copy of any surveys | 79479 |
| prepared pursuant to division (A)(7) of this section and shall | 79480 |
| include the recommendations of the commission as to legislative or | 79481 |
| other remedial action; | 79482 |
| (9) Prepare a comprehensive educational program, in | 79483 |
| cooperation with the department of education, for the students of | 79484 |
| the public schools of this state and for all other residents of | 79485 |
| this state that is designed to eliminate prejudice on the basis of | 79486 |
| race, color, religion, sex, military status, familial status, | 79487 |
| national origin, disability, age, or ancestry in this state, to | 79488 |
| further good will among those groups, and to emphasize the origin | 79489 |
| of prejudice against those groups, its harmful effects, and its | 79490 |
| incompatibility with American principles of equality and fair | 79491 |
| play; | 79492 |
| (10) Receive progress reports from agencies, | 79493 |
| instrumentalities, institutions, boards, commissions, and other | 79494 |
| entities of this state or any of its political subdivisions and | 79495 |
| their agencies, instrumentalities, institutions, boards, | 79496 |
| commissions, and other entities regarding affirmative action | 79497 |
| programs for the employment of persons against whom discrimination | 79498 |
| is prohibited by this chapter, or regarding any affirmative | 79499 |
| housing accommodations programs developed to eliminate or reduce | 79500 |
| an imbalance of race, color, religion, sex, military status, | 79501 |
| familial status, national origin, disability, or ancestry. All | 79502 |
| agencies, instrumentalities, institutions, boards, commissions, | 79503 |
| and other entities of this state or its political subdivisions, | 79504 |
| and all political subdivisions, that have undertaken affirmative | 79505 |
| action programs pursuant to a conciliation agreement with the | 79506 |
| commission, an executive order of the governor, any federal | 79507 |
| statute or rule, or an executive order of the president of the | 79508 |
| United States shall file progress reports with the commission | 79509 |
| annually on or before the first day of November. The commission | 79510 |
| shall analyze and evaluate the progress reports and report its | 79511 |
| findings annually to the general assembly on or before the | 79512 |
| thirtieth day of January of the year immediately following the | 79513 |
| receipt of the reports. | 79514 |
| (B) The commission may do any of the following: | 79515 |
| (1) Meet and function at any place within the state; | 79516 |
| (2) Initiate and undertake on its own motion investigations | 79517 |
| of problems of employment or housing accommodations | 79518 |
| discrimination; | 79519 |
| (3) Hold hearings, subpoena witnesses, compel their | 79520 |
| attendance, administer oaths, take the testimony of any person | 79521 |
| under oath, require the production for examination of any books | 79522 |
| and papers relating to any matter under investigation or in | 79523 |
| question before the commission, and make rules as to the issuance | 79524 |
| of subpoenas by individual commissioners. | 79525 |
| (a) In conducting a hearing or investigation, the commission | 79526 |
| shall have access at all reasonable times to premises, records, | 79527 |
| documents, individuals, and other evidence or possible sources of | 79528 |
| evidence and may examine, record, and copy the premises, records, | 79529 |
| documents, and other evidence or possible sources of evidence and | 79530 |
| take and record the testimony or statements of the individuals as | 79531 |
| reasonably necessary for the furtherance of the hearing or | 79532 |
| investigation. In investigations, the commission shall comply with | 79533 |
| the fourth amendment to the United States Constitution relating to | 79534 |
| unreasonable searches and seizures. The commission or a member of | 79535 |
| the commission may issue subpoenas to compel access to or the | 79536 |
| production of premises, records, documents, and other evidence or | 79537 |
| possible sources of evidence or the appearance of individuals, and | 79538 |
| may issue interrogatories to a respondent, to the same extent and | 79539 |
| subject to the same limitations as would apply if the subpoenas or | 79540 |
| interrogatories were issued or served in aid of a civil action in | 79541 |
| a court of common pleas. | 79542 |
| (b) Upon written application by a | 79543 |
| hearing under division (B) of section 4112.05 of the Revised Code, | 79544 |
| the commission shall issue subpoenas in its name to the same | 79545 |
| extent and subject to the same limitations as subpoenas issued by | 79546 |
|
the
commission.
Subpoenas issued at the request of a | 79547 |
| party shall show on their face the name and address of the | 79548 |
| 79549 | |
| 79550 |
| (c) Witnesses summoned by subpoena of the commission are | 79551 |
| entitled to the witness and mileage fees provided for under | 79552 |
| section 119.094 of the Revised Code. | 79553 |
| (d) Within five days after service of a subpoena upon any | 79554 |
| person, the person may petition the commission to revoke or modify | 79555 |
| the subpoena. The commission shall grant the petition if it finds | 79556 |
| that the subpoena requires an appearance or attendance at an | 79557 |
| unreasonable time or place, that it requires production of | 79558 |
| evidence that does not relate to any matter before the commission, | 79559 |
| that it does not describe with sufficient particularity the | 79560 |
| evidence to be produced, that compliance would be unduly onerous, | 79561 |
| or for other good reason. | 79562 |
| (e) In case of contumacy or refusal to obey a subpoena, the | 79563 |
| commission or person at whose request it was issued may petition | 79564 |
| for its enforcement in the court of common pleas in the county in | 79565 |
| which the person to whom the subpoena was addressed resides, was | 79566 |
| served, or transacts business. | 79567 |
| (4) Create local or statewide advisory agencies and | 79568 |
| conciliation councils to aid in effectuating the purposes of this | 79569 |
| chapter. The commission may itself, or it may empower these | 79570 |
| agencies and councils to, do either or both of the following: | 79571 |
| (a) Study the problems of discrimination in all or specific | 79572 |
| fields of human relationships when based on race, color, religion, | 79573 |
| sex, military status, familial status, national origin, | 79574 |
| disability, age, or ancestry; | 79575 |
| (b) Foster through community effort, or otherwise, good will | 79576 |
| among the groups and elements of the population of the state. | 79577 |
| The agencies and councils may make recommendations to the | 79578 |
| commission for the development of policies and procedures in | 79579 |
| general. They shall be composed of representative citizens who | 79580 |
| shall serve without pay, except that reimbursement for actual and | 79581 |
| necessary traveling expenses shall be made to citizens who serve | 79582 |
| on a statewide agency or council. | 79583 |
| (5) Issue any publications and the results of investigations | 79584 |
| and research that in its judgment will tend to promote good will | 79585 |
| and minimize or eliminate discrimination because of race, color, | 79586 |
| religion, sex, military status, familial status, national origin, | 79587 |
| disability, age, or ancestry. | 79588 |
| Sec. 4112.05. (A) The commission, as provided in this | 79589 |
| section, shall prevent any person from engaging in unlawful | 79590 |
| discriminatory practices, provided that, before instituting the | 79591 |
| formal hearing authorized by division (B) of this section, it | 79592 |
| shall attempt, by informal methods of conference, conciliation, | 79593 |
| and persuasion, to induce compliance with this chapter. | 79594 |
| (B)(1) Any person may file a charge with the commission | 79595 |
| alleging that another person has engaged or is engaging in an | 79596 |
| unlawful discriminatory practice. In the case of a charge alleging | 79597 |
| an unlawful discriminatory practice described in division (A), | 79598 |
| (B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in | 79599 |
| section 4112.021 or 4112.022 of the Revised Code, the charge shall | 79600 |
| be in writing and under oath and shall be filed with the | 79601 |
| commission within six months after the alleged unlawful | 79602 |
| discriminatory practice was committed. In the case of a charge | 79603 |
| alleging an unlawful discriminatory practice described in division | 79604 |
| (H) of section 4112.02 of the Revised Code, the charge shall be in | 79605 |
| writing and under oath and shall be filed with the commission | 79606 |
| within one year after the alleged unlawful discriminatory practice | 79607 |
| was committed. | 79608 |
| (2) Upon receiving a charge, the commission may initiate a | 79609 |
| preliminary investigation to determine whether it is probable that | 79610 |
| an unlawful discriminatory practice has been or is being engaged | 79611 |
| in. The commission also may conduct, upon its own initiative and | 79612 |
| independent of the filing of any charges, a preliminary | 79613 |
| investigation relating to any of the unlawful discriminatory | 79614 |
| practices described in division (A), (B), (C), (D), (E), (F), (I), | 79615 |
| or (J) of section 4112.02 or in section 4112.021 or 4112.022 of | 79616 |
| the Revised Code. Prior to a notification of a complainant under | 79617 |
| division (B)(4) of this section or prior to the commencement of | 79618 |
| informal methods of conference, conciliation, and persuasion under | 79619 |
| that division, the members of the commission and the officers and | 79620 |
| employees of the commission shall not make public in any manner | 79621 |
| and shall retain as confidential all information that was obtained | 79622 |
| as a result of or that otherwise pertains to a preliminary | 79623 |
| investigation other than one described in division (B)(3) of this | 79624 |
| section. | 79625 |
| (3)(a) Unless it is impracticable to do so and subject to its | 79626 |
| authority under division (B)(3)(d) of this section, the commission | 79627 |
| shall complete a preliminary investigation of a charge filed | 79628 |
| pursuant to division (B)(1) of this section that alleges an | 79629 |
| unlawful discriminatory practice described in division (H) of | 79630 |
| section 4112.02 of the Revised Code, and shall take one of the | 79631 |
| following actions, within one hundred days after the filing of the | 79632 |
| charge: | 79633 |
| (i) Notify the complainant and the respondent that it is not | 79634 |
| probable that an unlawful discriminatory practice described in | 79635 |
| division (H) of section 4112.02 of the Revised Code has been or is | 79636 |
| being engaged in and that the commission will not issue a | 79637 |
| complaint in the matter; | 79638 |
| (ii) Initiate a complaint and schedule it for informal | 79639 |
| methods of conference, conciliation, and persuasion; | 79640 |
| (iii) Initiate a complaint and refer it to the attorney | 79641 |
| general with a recommendation to seek a temporary or permanent | 79642 |
| injunction or a temporary restraining order. If this action is | 79643 |
| taken, the attorney general shall apply, as expeditiously as | 79644 |
| possible after receipt of the complaint, to the court of common | 79645 |
| pleas of the county in which the unlawful discriminatory practice | 79646 |
| allegedly occurred for the appropriate injunction or order, and | 79647 |
| the court shall hear and determine the application as | 79648 |
| expeditiously as possible. | 79649 |
| (b) If it is not practicable to comply with the requirements | 79650 |
| of division (B)(3)(a) of this section within the one-hundred-day | 79651 |
| period described in that division, the commission shall notify the | 79652 |
| complainant and the respondent in writing of the reasons for the | 79653 |
| noncompliance. | 79654 |
| (c) Prior to the issuance of a complaint under division | 79655 |
| (B)(3)(a)(ii) or (iii) of this section or prior to a notification | 79656 |
| of the complainant and the respondent under division (B)(3)(a)(i) | 79657 |
| of this section, the members of the commission and the officers | 79658 |
| and employees of the commission shall not make public in any | 79659 |
| manner and shall retain as confidential all information that was | 79660 |
| obtained as a result of or that otherwise pertains to a | 79661 |
| preliminary investigation of a charge filed pursuant to division | 79662 |
| (B)(1) of this section that alleges an unlawful discriminatory | 79663 |
| practice described in division (H) of section 4112.05 of the | 79664 |
| Revised Code. | 79665 |
| (d) Notwithstanding the types of action described in | 79666 |
| divisions (B)(3)(a)(ii) and (iii) of this section, prior to the | 79667 |
| issuance of a complaint or the referral of a complaint to the | 79668 |
| attorney general and prior to endeavoring to eliminate an unlawful | 79669 |
| discriminatory practice described in division (H) of section | 79670 |
| 4112.02 of the Revised Code by informal methods of conference, | 79671 |
| conciliation, and persuasion, the commission may seek a temporary | 79672 |
| or permanent injunction or a temporary restraining order in the | 79673 |
| court of common pleas of the county in which the unlawful | 79674 |
| discriminatory practice allegedly occurred. | 79675 |
| (4) If the commission determines after a preliminary | 79676 |
| investigation other than one described in division (B)(3) of this | 79677 |
| section that it is not probable that an unlawful discriminatory | 79678 |
| practice has been or is being engaged in, it shall notify any | 79679 |
| complainant under division (B)(1) of this section that it has so | 79680 |
| determined and that it will not issue a complaint in the matter. | 79681 |
| If the commission determines after a preliminary investigation | 79682 |
| other than the one described in division (B)(3) of this section | 79683 |
| that it is probable that an unlawful discriminatory practice has | 79684 |
| been or is being engaged in, it shall endeavor to eliminate the | 79685 |
| practice by informal methods of conference, conciliation, and | 79686 |
| persuasion. | 79687 |
| (5) Nothing said or done during informal methods of | 79688 |
| conference, conciliation, and persuasion under this section shall | 79689 |
| be disclosed by any member of the commission or its staff or be | 79690 |
| used as evidence in any subsequent hearing or other proceeding. | 79691 |
| If, after a preliminary investigation and the use of informal | 79692 |
| methods of conference, conciliation, and persuasion under this | 79693 |
| section, the commission is satisfied that any unlawful | 79694 |
| discriminatory practice will be eliminated, it may treat the | 79695 |
| charge involved as being conciliated and enter that disposition on | 79696 |
| the records of the commission. If the commission fails to effect | 79697 |
| the elimination of an unlawful discriminatory practice by informal | 79698 |
| methods of conference, conciliation, and persuasion under this | 79699 |
| section and to obtain voluntary compliance with this chapter, the | 79700 |
| commission shall issue and cause to be served upon any person, | 79701 |
| including the respondent against whom a complainant has filed a | 79702 |
| charge pursuant to division (B)(1) of this section, a complaint | 79703 |
| stating the charges involved and containing a notice of an | 79704 |
| opportunity for a hearing before the commission, a member of the | 79705 |
| commission, or a hearing examiner at a place that is stated in the | 79706 |
| notice and that is located within the county in which the alleged | 79707 |
| unlawful discriminatory practice has occurred or is occurring or | 79708 |
| in which the respondent resides or transacts business. The hearing | 79709 |
| shall be held not less than thirty days after the service of the | 79710 |
| complaint upon the complainant, the aggrieved persons other than | 79711 |
| the complainant on whose behalf the complaint is issued, and the | 79712 |
| respondent, unless the complainant, an aggrieved person, or the | 79713 |
| respondent elects to proceed under division (A)(2) of section | 79714 |
| 4112.051 of the Revised Code when that division is applicable. If | 79715 |
| a complaint pertains to an alleged unlawful discriminatory | 79716 |
| practice described in division (H) of section 4112.02 of the | 79717 |
| Revised Code, the complaint shall notify the complainant, an | 79718 |
| aggrieved person, and the respondent of the right of the | 79719 |
| complainant, an aggrieved person, or the respondent to elect to | 79720 |
| proceed with the administrative hearing process under this section | 79721 |
| or to proceed under division (A)(2) of section 4112.051 of the | 79722 |
| Revised Code. | 79723 |
| (6) The attorney general shall represent the commission at | 79724 |
| any hearing held pursuant to division (B)(5) of this section and | 79725 |
| shall present the evidence in support of the complaint. | 79726 |
| (7) Any complaint issued pursuant to division (B)(5) of this | 79727 |
| section after the filing of a charge under division (B)(1) of this | 79728 |
| section shall be so issued within one year after the complainant | 79729 |
| filed the charge with respect to an alleged unlawful | 79730 |
| discriminatory practice. | 79731 |
| (C) Any complaint issued pursuant to division (B) of this | 79732 |
| section may be amended by the commission, a member of the | 79733 |
| commission, or the hearing examiner conducting a hearing under | 79734 |
| division (B) of this section, at any time prior to or during the | 79735 |
| hearing. The respondent has the right to file an answer or an | 79736 |
| amended answer to the original and amended complaints and to | 79737 |
| appear at the hearing in person, by attorney, or otherwise to | 79738 |
| examine and cross-examine witnesses and present evidence. | 79739 |
| (D) The complainant and any aggrieved person shall be a party | 79740 |
| to a hearing under division (B) of this section held in relation | 79741 |
| to a violation of division (H) of section 4112.02 of the Revised | 79742 |
| Code and may appear at the hearing in person, by attorney, or | 79743 |
| otherwise to examine and cross-examine witnesses and present | 79744 |
| evidence. | 79745 |
| (E) In a hearing under division (B) of this section held in | 79746 |
| relation to a violation of this chapter, other than a violation of | 79747 |
| division (H) of section 4112.02 of the Revised Code, the | 79748 |
| complainant shall be a party to the hearing, and any person who is | 79749 |
| an indispensable party to a complete determination or settlement | 79750 |
| of a question involved in the hearing shall be joined. Any person | 79751 |
| who has or claims an interest in the subject of the hearing and | 79752 |
| in obtaining or preventing relief against the unlawful | 79753 |
| discriminatory practices complained of may be permitted, in the | 79754 |
| discretion of the person or persons conducting the hearing, to | 79755 |
| appear for the presentation of oral or written arguments. | 79756 |
| | 79757 |
| commission, a member of the commission, or the hearing examiner | 79758 |
| shall not be bound by the Rules of Evidence but, in ascertaining | 79759 |
| the practices followed by the respondent, shall take into account | 79760 |
| all reliable, probative, and substantial statistical or other | 79761 |
| evidence produced at the hearing that may tend to prove the | 79762 |
| existence of a predetermined pattern of employment or membership, | 79763 |
| provided that nothing contained in this section shall be construed | 79764 |
| to authorize or require any person to observe the proportion that | 79765 |
| persons of any race, color, religion, sex, military status, | 79766 |
| familial status, national origin, disability, age, or ancestry | 79767 |
| bear to the total population or in accordance with any criterion | 79768 |
| other than the individual qualifications of the applicant. | 79769 |
| | 79770 |
| this section shall be under oath and shall be reduced to writing | 79771 |
| and filed with the commission. Thereafter, in its discretion, the | 79772 |
| commission, upon the service of a notice upon the complainant and | 79773 |
| the respondent that indicates an opportunity to be present, may | 79774 |
| take further testimony or hear argument. | 79775 |
| | 79776 |
| evidence presented at a hearing under division (B) of this | 79777 |
| section, the commission determines that the respondent has engaged | 79778 |
| in, or is engaging in, any unlawful discriminatory practice, | 79779 |
| whether against the complainant or others, the commission shall | 79780 |
| state its findings of fact and conclusions of law and shall issue | 79781 |
| and, subject to the provisions of Chapter 119. of the Revised | 79782 |
| Code, cause to be served on the respondent an order requiring the | 79783 |
| respondent to cease and desist from the unlawful discriminatory | 79784 |
| practice, requiring the respondent to take any further affirmative | 79785 |
| or other action that will effectuate the purposes of this chapter, | 79786 |
| including, but not limited to, hiring, reinstatement, or upgrading | 79787 |
| of employees with or without back pay, or admission or restoration | 79788 |
| to union membership, and requiring the respondent to report to the | 79789 |
| commission the manner of compliance. If the commission directs | 79790 |
| payment of back pay, it shall make allowance for interim earnings. | 79791 |
| If it finds a violation of division (H) of section 4112.02 of the | 79792 |
| Revised Code, the commission additionally shall require the | 79793 |
| respondent to pay actual damages and reasonable attorney's fees, | 79794 |
| and may award to the complainant punitive damages as follows: | 79795 |
| (a) If division | 79796 |
| apply, punitive damages in an amount not to exceed ten thousand | 79797 |
| dollars; | 79798 |
| (b) If division | 79799 |
| and if the respondent has been determined by a final order of the | 79800 |
| commission or by a final judgment of a court to have committed one | 79801 |
| violation of division (H) of section 4112.02 of the Revised Code | 79802 |
| during the five-year period immediately preceding the date on | 79803 |
| which a complaint was issued pursuant to division (B) of this | 79804 |
| section, punitive damages in an amount not to exceed twenty-five | 79805 |
| thousand dollars; | 79806 |
| (c) If the respondent has been determined by a final order of | 79807 |
| the commission or by a final judgment of a court to have committed | 79808 |
| two or more violations of division (H) of section 4112.02 of the | 79809 |
| Revised Code during the seven-year period immediately preceding | 79810 |
| the date on which a complaint was issued pursuant to division (B) | 79811 |
| of this section, punitive damages in an amount not to exceed fifty | 79812 |
| thousand dollars. | 79813 |
| (2) Upon the submission of reports of compliance, the | 79814 |
| commission may issue a declaratory order stating that the | 79815 |
| respondent has ceased to engage in particular unlawful | 79816 |
| discriminatory practices. | 79817 |
| | 79818 |
| for crediting charges of unlawful discriminatory practices or if, | 79819 |
| upon all the evidence presented at a hearing under division (B) | 79820 |
| of this section on a charge, the commission finds that a | 79821 |
| respondent has not engaged in any unlawful discriminatory | 79822 |
| practice against the complainant or others, it shall state its | 79823 |
| findings of fact and shall issue and cause to be served on the | 79824 |
| complainant an order dismissing the complaint as to the | 79825 |
| respondent. A copy of the order shall be delivered in all cases | 79826 |
| to the attorney general and any other public officers whom the | 79827 |
| commission considers proper. | 79828 |
| | 79829 |
| (H) of section 4112.06 of the Revised Code expires, the | 79830 |
| commission, subject to the provisions of Chapter 119. of the | 79831 |
| Revised Code, at any time, upon reasonable notice, and in the | 79832 |
| manner it considers proper, may modify or set aside, in whole or | 79833 |
| in part, any finding or order made by it under this section. | 79834 |
| Sec. 4112.051. (A)(1) Aggrieved persons may enforce the | 79835 |
| rights granted by division (H) of section 4112.02 of the Revised | 79836 |
| Code by filing a civil action in the court of common pleas of the | 79837 |
| county in which the alleged unlawful discriminatory practice | 79838 |
| occurred within one year after it allegedly occurred. Upon | 79839 |
| application by an aggrieved person, upon a proper showing, and | 79840 |
| under circumstances that it considers just, a court of common | 79841 |
| pleas may appoint an attorney for the aggrieved person and | 79842 |
| authorize the commencement of a civil action under this division | 79843 |
| without the payment of costs. | 79844 |
| Each party to a civil action under this division has the | 79845 |
| right to a jury trial of the action. To assert the right, a party | 79846 |
| shall demand a jury trial in the manner prescribed in the Rules of | 79847 |
| Civil Procedure. If a party demands a jury trial in that manner, | 79848 |
| the civil action shall be tried to a jury. | 79849 |
| (2)(a) If a complaint is issued by the commission under | 79850 |
| division (B)(5) of section 4112.05 of the Revised Code for one or | 79851 |
| more alleged unlawful discriminatory practices described in | 79852 |
| division (H) of section 4112.02 of the Revised Code, the | 79853 |
| complainant, any aggrieved person on whose behalf the complaint is | 79854 |
| issued, or the respondent may elect, following receipt of the | 79855 |
| relevant notice described in division (B)(5) of section 4112.05 of | 79856 |
| the Revised Code, to proceed with the administrative hearing | 79857 |
| process under that section or to have the alleged unlawful | 79858 |
| discriminatory practices covered by the complaint addressed in a | 79859 |
| civil action commenced in accordance with divisions (A)(1) and | 79860 |
| (2)(b) of this section. An election to have the alleged unlawful | 79861 |
| discriminatory practices so addressed shall be made in a writing | 79862 |
| that is sent by certified mail, return receipt requested, to the | 79863 |
| commission, to the civil rights section of the office of the | 79864 |
| attorney general, and to the other parties to the pending | 79865 |
| administrative process within thirty days after the electing | 79866 |
| complainant, aggrieved person, or respondent received the relevant | 79867 |
| notice described in division (B)(5) of section 4112.05 of the | 79868 |
| Revised Code. | 79869 |
| (b) Upon receipt of a timely mailed election to have the | 79870 |
| alleged unlawful discriminatory practices addressed in a civil | 79871 |
| action, the commission shall authorize the office of the attorney | 79872 |
| general to commence and maintain the civil action in the court of | 79873 |
| common pleas of the county in which the alleged unlawful | 79874 |
| discriminatory practices occurred. Notwithstanding the period of | 79875 |
| limitations specified in division (A)(1) of this section, the | 79876 |
| office of the attorney general shall commence the civil action | 79877 |
| within thirty days after the receipt of the commission's | 79878 |
| authorization to commence the civil action. | 79879 |
| (c) Upon commencement of the civil action in accordance with | 79880 |
| division (A)(2)(b) of this section, the commission shall prepare | 79881 |
| an order dismissing the complaint in the pending administrative | 79882 |
| matter and serve a copy of the order upon the complainant, each | 79883 |
| aggrieved person on whose behalf the complaint was issued, and the | 79884 |
| respondent. | 79885 |
| (d) If an election to have the alleged unlawful | 79886 |
| discriminatory practices addressed in a civil action is not filed | 79887 |
| in accordance with division (A)(2)(a) of this section, the | 79888 |
| commission shall continue with the administrative hearing process | 79889 |
| described in section 4112.05 of the Revised Code. | 79890 |
| (e) With respect to the issues to be determined in a civil | 79891 |
| action commenced in accordance with division (A)(2)(b) of this | 79892 |
| section, the complainant and any aggrieved person may intervene as | 79893 |
| a matter of right in that civil action. | 79894 |
| (B) If the court or the jury in a civil action under this | 79895 |
| section finds that a violation of division (H) of section 4112.02 | 79896 |
| of the Revised Code is about to occur, the court may order any | 79897 |
| affirmative action it considers appropriate, including a permanent | 79898 |
|
or | 79899 |
| (C) Any sale, encumbrance, or rental consummated prior to the | 79900 |
| issuance of any court order under the authority of this section | 79901 |
| and involving a bona fide purchaser, encumbrancer, or tenant | 79902 |
| without actual notice of the existence of a charge under division | 79903 |
| (H) of section 4112.02 of the Revised Code or a civil action under | 79904 |
| this section is not affected by the court order. | 79905 |
| (D) If the court or the jury in a civil action under this | 79906 |
| section finds that a violation of division (H) of section 4112.02 | 79907 |
| of the Revised Code has occurred, the court shall award to the | 79908 |
| plaintiff or to the complainant or aggrieved person on whose | 79909 |
| behalf the office of the attorney general commenced or maintained | 79910 |
| the civil action, whichever is applicable, actual damages, | 79911 |
| reasonable attorney's fees, court costs incurred in the | 79912 |
| prosecution of the action, expert witness fees, and other | 79913 |
| litigation expenses, and may grant other relief that it considers | 79914 |
| appropriate, including a permanent or temporary injunction, a | 79915 |
| temporary restraining order, or other order and punitive damages. | 79916 |
| (E) Any civil action brought under this section shall be | 79917 |
| heard and determined as expeditiously as possible. | 79918 |
| (F) The court in a civil action under this section shall | 79919 |
| notify the commission of any finding pertaining to discriminatory | 79920 |
| housing practices within fifteen days after the entry of the | 79921 |
| finding. | 79922 |
| Sec. 4112.052. (A) Whenever the Ohio civil rights commission | 79923 |
| has reasonable cause to believe that any person or persons are | 79924 |
| engaged in a pattern or practice of resistance to a person or | 79925 |
| persons' full enjoyment of the rights granted by division (H) of | 79926 |
| section 4112.02 of the Revised Code, or that any group of persons | 79927 |
| has been denied any of the rights granted by that division and the | 79928 |
| denial raises an issue of public importance, the commission may | 79929 |
| refer the matter to the attorney general for commencement of a | 79930 |
|
civil action in a court of common pleas. | 79931 |
| 79932 | |
| 79933 | |
| 79934 |
| (B) Whenever a person breaches a conciliation agreement that | 79935 |
| the person entered into with the Ohio civil rights commission, the | 79936 |
| civil rights commission may refer the matter to the attorney | 79937 |
| general for commencement of a civil action in a court of common | 79938 |
| pleas. | 79939 |
| (C) In any action the attorney general brings pursuant to | 79940 |
| this section, the court may do any of the following: | 79941 |
| (1) Award preventative relief, including a permanent or | 79942 |
| temporary injunction, restraining order, or other order the court | 79943 |
| considers appropriate to assure the full enjoyment of the rights | 79944 |
| granted by division (H) of section 4112.02 of the Revised Code. No | 79945 |
| statute of limitation shall apply to such an award. | 79946 |
| (2) Award actual and punitive damages and other relief that | 79947 |
| the court considers appropriate; | 79948 |
| (3) Assess a penalty not to exceed fifty thousand dollars for | 79949 |
| a first violation or one hundred thousand dollars for any | 79950 |
| subsequent violation. | 79951 |
| (D)(1) Any person may intervene upon a timely application in | 79952 |
| a civil action the attorney general commences pursuant to this | 79953 |
| section when that action involves either of the following: | 79954 |
| (a) An alleged discriminatory housing practice with respect | 79955 |
| to which the person is an aggrieved person; | 79956 |
| (b) The breach of a conciliation agreement to which the | 79957 |
| person is a party. | 79958 |
| (2) The court may grant relief to an intervening party as the | 79959 |
| court considers appropriate and as section 4112.051 of the Revised | 79960 |
| Code authorizes to be granted in a civil action. | 79961 |
| (E) Nothing in this section limits any right or remedy that a | 79962 |
| person otherwise is entitled to under law. | 79963 |
| Sec. 4113.11. (A) As specified in division (B) of this | 79964 |
| section, all employers that employ ten or more employees shall | 79965 |
| adopt and maintain a cafeteria plan that allows the employer's | 79966 |
| employees to pay for health insurance coverage by a salary | 79967 |
| reduction arrangement as permitted under section 125 of the | 79968 |
| Internal Revenue Code. | 79969 |
| (B) Employers shall comply with the requirements of division | 79970 |
| (A) of this section as follows: | 79971 |
| (1) For employers that employ more than five hundred | 79972 |
| employees, by not later than January 1, 2011, or six months after | 79973 |
| the superintendent of insurance adopts rules as required by | 79974 |
| division (D) of this section, whichever is later. | 79975 |
| (2) For employers that employ one hundred fifty to five | 79976 |
| hundred employees, by not later than July 1, 2011, or twelve | 79977 |
| months after the superintendent adopts rules as required by | 79978 |
| division (D) of this section, whichever is later. | 79979 |
| (3) For employers that employ ten to one hundred forty-nine | 79980 |
| employees, by not later than January 1, 2012, or eighteen months | 79981 |
| after the superintendent adopts rules as required by division (D) | 79982 |
| of this section, whichever is later. | 79983 |
| (C) The health care coverage and quality council created | 79984 |
| under section 3923.90 of the Revised Code shall make | 79985 |
| recommendations to the superintendent for both of the following: | 79986 |
| (1) Development of strategies to educate, assist, and conduct | 79987 |
| outreach to employers to simplify administrative processes with | 79988 |
| respect to creating and maintaining cafeteria plans, including, | 79989 |
| but not limited to, providing employers with model cafeteria plan | 79990 |
| documents and technical assistance on creating and maintaining | 79991 |
| cafeteria plans that conform with state and federal law; and | 79992 |
| (2) Development strategies to educate, assist, and conduct | 79993 |
| outreach to employees with respect to finding, selecting, and | 79994 |
| purchasing a health insurance plan to be paid for through their | 79995 |
| employer's cafeteria plan under this section. | 79996 |
| (D) The superintendent shall adopt rules in accordance with | 79997 |
| Chapter 119. of the Revised Code to implement and enforce this | 79998 |
| section, including the strategies recommended by the council | 79999 |
| pursuant to division (C) of this section. | 80000 |
| (E) As used in this section: | 80001 |
| (1) "Cafeteria plan" has the same meaning as in section 125 | 80002 |
| of the Internal Revenue Code. | 80003 |
| (2) "Employer" has the same meaning as in section 4113.51 of | 80004 |
| the Revised Code. | 80005 |
| (3) "Employee" means an individual employed for consideration | 80006 |
| who works twenty-five or more hours per week or who renders any | 80007 |
| other standard of service generally accepted by custom or | 80008 |
| specified by contract as full-time employment. | 80009 |
| Sec. 4113.81. For purposes of sections 4113.81, 4113.82, | 80010 |
| 4113.83, 4113.84, 4113.85, and 4113.86 of the Revised Code: | 80011 |
| (A) "Appropriate unit" means independent child care providers | 80012 |
| or independent home care providers, whichever is the subject of | 80013 |
| the bargaining activity. | 80014 |
| (B) "Independent child care provider" means a child care | 80015 |
| provider categorized under the Revised Code as either a Type A | 80016 |
| licensed provider who does not meet the definition of employee | 80017 |
| under the National Labor Relations Act, or a Type B certified or | 80018 |
| licensed provider or an in-home aide who is not a county or state | 80019 |
| employee. The terms in this division have the same meaning as the | 80020 |
| terms defined in Chapter 5104. of the Revised Code. | 80021 |
| (C)(1) "Independent home care provider" means any person who | 80022 |
| meets either of the following criteria: | 80023 |
| (a) The person provides home services under a medicaid waiver | 80024 |
| component as described in section 5111.851 or 5111.87 of the | 80025 |
| Revised Code. | 80026 |
| (b) The person provides home services through a state | 80027 |
| medicaid plan amendment as described in 42 U.S.C. 1396n(i). | 80028 |
| (2) "Independent home care provider" does not include any | 80029 |
| person employed by a private agency for purposes of performing the | 80030 |
| activities described in division (C)(1) of this section. | 80031 |
| (D) "Provider" means an independent child care provider or an | 80032 |
| independent home care provider. | 80033 |
| (E) "Recipient" means any person receiving the services of an | 80034 |
| independent child care provider or an independent home care | 80035 |
| provider, or that person's parent or legal guardian. | 80036 |
| (F) "Representative organization" means any employee | 80037 |
| organization as defined in division (D) of section 4117.01 of the | 80038 |
| Revised Code or any labor or bona fide organization in which | 80039 |
| providers participate and that exists for the purpose, in whole or | 80040 |
| in part, of dealing with the state concerning grievances, wages, | 80041 |
| hours, terms, and other conditions of employment of providers that | 80042 |
| are within the control of the state. | 80043 |
| Sec. 4113.82. Providers may do all of the following: | 80044 |
| (A) Form, join, assist, or participate in, or refrain from | 80045 |
| forming, joining, assisting, or participating in, except as | 80046 |
| otherwise provided in sections 4113.81 to 4113.86 of the Revised | 80047 |
| Code, any representative organization of their own choosing; | 80048 |
| (B) Engage in concerted activities, other than those | 80049 |
| described in division (A) of this section, for the purpose of | 80050 |
| collective bargaining or other mutual aid and protection; | 80051 |
| (C) Be represented by a representative organization; | 80052 |
| (D) Bargain collectively with the state to determine wages, | 80053 |
| hours, terms, other conditions of employment that are within the | 80054 |
| control of the state, the continuation, modification, or deletion | 80055 |
| of an existing provision of a collective bargaining agreement, and | 80056 |
| enter into a collective bargaining agreement. | 80057 |
| (E) Present grievances and have them adjusted, without the | 80058 |
| intervention of the representative organization, so long as the | 80059 |
| adjustment is not inconsistent with the terms of any collective | 80060 |
| bargaining agreement then in effect and the representative | 80061 |
| organization has the opportunity to be present at the adjustment. | 80062 |
| Sec. 4113.83. (A) A representative organization shall become | 80063 |
| the exclusive representative of all the providers in an | 80064 |
| appropriate unit for the purpose of collective bargaining by | 80065 |
| satisfying either of the following criteria: | 80066 |
| (1) Being certified by an impartial election monitor as | 80067 |
| described in the governor's executive order 2008-02S for | 80068 |
| independent child care providers or the governor's executive order | 80069 |
| 2007-23S for independent home care providers; | 80070 |
| (2) Filing a request with the state for recognition as an | 80071 |
| exclusive representative, as described in division (B) of this | 80072 |
| section, a copy of which shall be sent to the state employment | 80073 |
| relations board. | 80074 |
| (B)(1) In the request for recognition, the representative | 80075 |
| organization shall do all of the following: | 80076 |
| (a) Describe the bargaining unit; | 80077 |
| (b) Allege that a majority of the providers in the bargaining | 80078 |
| unit wish to be represented by the representative organization; | 80079 |
| (c) Support the request with substantial evidence based on, | 80080 |
| and in accordance with, rules prescribed by the state employment | 80081 |
| relations board demonstrating that a majority of the providers in | 80082 |
| the bargaining unit wish to be represented by the representative | 80083 |
| organization. | 80084 |
| (2) Immediately upon receipt of the request described in | 80085 |
| divisions (A)(2) and (B)(1) of this section, the state shall | 80086 |
| request an election in accordance with the same requirements as | 80087 |
| provided in division (A)(2) of section 4117.07 of the Revised | 80088 |
| Code. | 80089 |
| (C) Nothing in this section shall be construed to permit the | 80090 |
| state to recognize, or the state employment relations board to | 80091 |
| certify, a representative organization as an exclusive | 80092 |
| representative if there is in effect a lawful written agreement, | 80093 |
| contract, or memorandum of understanding between the state and | 80094 |
| another representative organization that, on the effective date of | 80095 |
| this section, has been recognized by the state as the exclusive | 80096 |
| representative of the providers in an appropriate unit or that by | 80097 |
| tradition, custom, practice, election, or negotiation has been the | 80098 |
| only representative organization representing all providers in the | 80099 |
| unit. This division does not apply to any agreement that has been | 80100 |
| in effect in excess of three years. For purposes of this section, | 80101 |
| extensions of an agreement do not affect the expiration of the | 80102 |
| original agreement. | 80103 |
| Sec. 4113.84. (A) All matters pertaining to wages, hours, | 80104 |
| terms and other conditions of employment that are within the | 80105 |
| control of the state, the continuation, modification, or deletion | 80106 |
| of an existing provision of a collective bargaining agreement | 80107 |
| shall be subject to collective bargaining between the state and | 80108 |
| the exclusive representative as described in section 4113.83 of | 80109 |
| the Revised Code, except as otherwise specified in this section. | 80110 |
| (B) This section shall not alter the unique relations between | 80111 |
| providers and recipients of care. The recipient retains the | 80112 |
| absolute right to choose providers and to control the hiring, | 80113 |
| termination, and supervision of providers. | 80114 |
| (C) This section shall not affect the ability of the state to | 80115 |
| take appropriate action when a provider is no longer eligible to | 80116 |
| provide care under state or federal law, or any rules or | 80117 |
| regulations adopted thereunder. | 80118 |
| Sec. 4113.85. The parties to any collective bargaining | 80119 |
| agreement entered into pursuant to sections 4113.81, 4113.82, | 80120 |
| 4113.83, and 4113.84 of the Revised Code shall record that | 80121 |
| agreement in writing, which is to be executed by all of the | 80122 |
| parties to the agreement. The agreement shall contain the same | 80123 |
| provisions as described in divisions (B), (C), and (E) of section | 80124 |
| 4117.09 of the Revised Code. Such provisions shall apply to the | 80125 |
| state, its agents or representatives, any representative | 80126 |
| organization, its agents or representatives, and to providers in | 80127 |
| the same manner as the same provisions apply to public employers, | 80128 |
| public employees, and employee organizations as described in | 80129 |
| Chapter 4117. of the Revised Code. | 80130 |
| Sec. 4113.86. The state employment relations board has the | 80131 |
| same authority as described in sections 4117.12 and 4117.13 of the | 80132 |
| Revised Code to investigate, hold hearings, make determinations, | 80133 |
| and issue complaints regarding unfair labor practices, insofar as | 80134 |
| that authority does not conflict with sections 4113.81, 4113.82, | 80135 |
| 4113.83, 4113.84, 4113.85, and 4113.86 of the Revised Code. For | 80136 |
| purposes of this section, "unfair labor practice" has the same | 80137 |
| meaning as section 4117.11 of the Revised Code, except any | 80138 |
| provisions applying to public employers shall apply to the state, | 80139 |
| any provisions applying to employee organizations shall apply to | 80140 |
| representative organizations, and any provisions applying to | 80141 |
| public employees shall apply to providers. | 80142 |
| Sec. 4117.01. As used in this chapter: | 80143 |
| (A) "Person," in addition to those included in division (C) | 80144 |
| of section 1.59 of the Revised Code, includes employee | 80145 |
| organizations, public employees, and public employers. | 80146 |
| (B)(1) "Public employer" means the state or any political | 80147 |
| subdivision of the state located entirely within the state, | 80148 |
| including, without limitation, any municipal corporation with a | 80149 |
| population of at least five thousand according to the most recent | 80150 |
| federal decennial census; county; township with a population of at | 80151 |
| least five thousand in the unincorporated area of the township | 80152 |
| according to the most recent federal decennial census; school | 80153 |
| district; governing authority of a community school established | 80154 |
| under Chapter 3314. of the Revised Code; state institution of | 80155 |
| higher learning; public or special district; state agency, | 80156 |
| authority, commission, or board; or other branch of public | 80157 |
| employment. | 80158 |
| (2) With respect to permanent, full-time, paid members of a | 80159 |
| fire department of a township, "public employer" also means a | 80160 |
| township, regardless of the population of the township. | 80161 |
| (C) "Public employee" means any person holding a position by | 80162 |
| appointment or employment in the service of a public employer, | 80163 |
| including any person working pursuant to a contract between a | 80164 |
| public employer and a private employer and over whom the national | 80165 |
| labor relations board has declined jurisdiction on the basis that | 80166 |
| the involved employees are employees of a public employer, except: | 80167 |
| (1) Persons holding elective office; | 80168 |
| (2) Employees of the general assembly and employees of any | 80169 |
| other legislative body of the public employer whose principal | 80170 |
| duties are directly related to the legislative functions of the | 80171 |
| body; | 80172 |
| (3) Employees on the staff of the governor or the chief | 80173 |
| executive of the public employer whose principal duties are | 80174 |
| directly related to the performance of the executive functions of | 80175 |
| the governor or the chief executive; | 80176 |
| (4) Persons who are members of the Ohio organized militia, | 80177 |
| while training or performing duty under section 5919.29 or 5923.12 | 80178 |
| of the Revised Code; | 80179 |
| (5) Employees of the state employment relations board, | 80180 |
| including those employees of the state employment relations board | 80181 |
| utilized by the state personnel board of review in the exercise of | 80182 |
| the powers and the performance of the duties and functions of the | 80183 |
| state personnel board of review; | 80184 |
| (6) Confidential employees; | 80185 |
| (7) Management level employees; | 80186 |
| (8) | 80187 |
| Assistants to
the
attorney general | 80188 |
|
attorneys | 80189 |
| 80190 |
| (9) Employees of a public official who act in a fiduciary | 80191 |
| capacity, appointed pursuant to section 124.11 of the Revised | 80192 |
| Code; | 80193 |
| (10) Supervisors; | 80194 |
| (11) Students whose primary purpose is educational training, | 80195 |
| including graduate assistants or associates, residents, interns, | 80196 |
| or other students working as part-time public employees less than | 80197 |
| fifty per cent of the normal year in the employee's bargaining | 80198 |
| unit; | 80199 |
| (12) Employees of county boards of election; | 80200 |
| (13) Seasonal and casual employees as determined by the state | 80201 |
| employment relations board; | 80202 |
| (14) Part-time faculty members of an institution of higher | 80203 |
| education; | 80204 |
| (15) | 80205 |
| | 80206 |
| or alternative work activity under sections 5107.40 to 5107.69 of | 80207 |
| the Revised Code who perform a service for a public employer that | 80208 |
| the public employer needs but is not performed by an employee of | 80209 |
| the public employer if the participant is not engaged in paid | 80210 |
| employment or subsidized employment pursuant to the activity; | 80211 |
| | 80212 |
| service of the department of transportation under section 5501.20 | 80213 |
|
of the
Revised Code | 80214 |
| | 80215 |
| 80216 | |
| 80217 | |
| 80218 |
| (D) "Employee organization" means any labor or bona fide | 80219 |
| organization in which public employees participate and that exists | 80220 |
| for the purpose, in whole or in part, of dealing with public | 80221 |
| employers concerning grievances, labor disputes, wages, hours, | 80222 |
| terms, and other conditions of employment. | 80223 |
| (E) "Exclusive representative" means the employee | 80224 |
| organization certified or recognized as an exclusive | 80225 |
| representative under section 4117.05 of the Revised Code. | 80226 |
| (F) "Supervisor" means any individual who has authority, in | 80227 |
| the interest of the public employer, to hire, transfer, suspend, | 80228 |
| lay off, recall, promote, discharge, assign, reward, or discipline | 80229 |
| other public employees; to responsibly direct them; to adjust | 80230 |
| their grievances; or to effectively recommend such action, if the | 80231 |
| exercise of that authority is not of a merely routine or clerical | 80232 |
| nature, but requires the use of independent judgment, provided | 80233 |
| that: | 80234 |
| (1) Employees of school districts who are department | 80235 |
| chairpersons or consulting teachers shall not be deemed | 80236 |
| supervisors; | 80237 |
| (2) With respect to members of a police or fire department, | 80238 |
| no person shall be deemed a supervisor except the chief of the | 80239 |
| department or those individuals who, in the absence of the chief, | 80240 |
| are authorized to exercise the authority and perform the duties of | 80241 |
| the chief of the department. Where prior to June 1, 1982, a public | 80242 |
| employer pursuant to a judicial decision, rendered in litigation | 80243 |
| to which the public employer was a party, has declined to engage | 80244 |
| in collective bargaining with members of a police or fire | 80245 |
| department on the basis that those members are supervisors, those | 80246 |
| members of a police or fire department do not have the rights | 80247 |
| specified in this chapter for the purposes of future collective | 80248 |
| bargaining. The state employment relations board shall decide all | 80249 |
| disputes concerning the application of division (F)(2) of this | 80250 |
| section. | 80251 |
| (3) With respect to faculty members of a state institution of | 80252 |
| higher education, heads of departments or divisions are | 80253 |
| supervisors; however, no other faculty member or group of faculty | 80254 |
| members is a supervisor solely because the faculty member or group | 80255 |
| of faculty members participate in decisions with respect to | 80256 |
| courses, curriculum, personnel, or other matters of academic | 80257 |
| policy; | 80258 |
| (4) No teacher as defined in section 3319.09 of the Revised | 80259 |
| Code shall be designated as a supervisor or a management level | 80260 |
| employee unless the teacher is employed under a contract governed | 80261 |
| by section 3319.01, 3319.011, or 3319.02 of the Revised Code and | 80262 |
| is assigned to a position for which a license deemed to be for | 80263 |
| administrators under state board rules is required pursuant to | 80264 |
| section 3319.22 of the Revised Code. | 80265 |
| (G) "To bargain collectively" means to perform the mutual | 80266 |
| obligation of the public employer, by its representatives, and the | 80267 |
| representatives of its employees to negotiate in good faith at | 80268 |
| reasonable times and places with respect to wages, hours, terms, | 80269 |
| and other conditions of employment and the continuation, | 80270 |
| modification, or deletion of an existing provision of a collective | 80271 |
| bargaining agreement, with the intention of reaching an agreement, | 80272 |
| or to resolve questions arising under the agreement. "To bargain | 80273 |
| collectively" includes executing a written contract incorporating | 80274 |
| the terms of any agreement reached. The obligation to bargain | 80275 |
| collectively does not mean that either party is compelled to agree | 80276 |
| to a proposal nor does it require the making of a concession. | 80277 |
| (H) "Strike" means continuous concerted action in failing to | 80278 |
| report to duty; willful absence from one's position; or stoppage | 80279 |
| of work in whole from the full, faithful, and proper performance | 80280 |
| of the duties of employment, for the purpose of inducing, | 80281 |
| influencing, or coercing a change in wages, hours, terms, and | 80282 |
| other conditions of employment. "Strike" does not include a | 80283 |
| stoppage of work by employees in good faith because of dangerous | 80284 |
| or unhealthful working conditions at the place of employment that | 80285 |
| are abnormal to the place of employment. | 80286 |
| (I) "Unauthorized strike" includes, but is not limited to, | 80287 |
| concerted action during the term or extended term of a collective | 80288 |
| bargaining agreement or during the pendency of the settlement | 80289 |
| procedures set forth in section 4117.14 of the Revised Code in | 80290 |
| failing to report to duty; willful absence from one's position; | 80291 |
| stoppage of work; slowdown, or abstinence in whole or in part from | 80292 |
| the full, faithful, and proper performance of the duties of | 80293 |
| employment for the purpose of inducing, influencing, or coercing a | 80294 |
| change in wages, hours, terms, and other conditions of employment. | 80295 |
| "Unauthorized strike" includes any such action, absence, stoppage, | 80296 |
| slowdown, or abstinence when done partially or intermittently, | 80297 |
| whether during or after the expiration of the term or extended | 80298 |
| term of a collective bargaining agreement or during or after the | 80299 |
| pendency of the settlement procedures set forth in section 4117.14 | 80300 |
| of the Revised Code. | 80301 |
| (J) "Professional employee" means any employee engaged in | 80302 |
| work that is predominantly intellectual, involving the consistent | 80303 |
| exercise of discretion and judgment in its performance and | 80304 |
| requiring knowledge of an advanced type in a field of science or | 80305 |
| learning customarily acquired by a prolonged course in an | 80306 |
| institution of higher learning or a hospital, as distinguished | 80307 |
| from a general academic education or from an apprenticeship; or an | 80308 |
| employee who has completed the courses of specialized intellectual | 80309 |
| instruction and is performing related work under the supervision | 80310 |
| of a professional person to become qualified as a professional | 80311 |
| employee. | 80312 |
| (K) "Confidential employee" means any employee who works in | 80313 |
| the personnel offices of a public employer and deals with | 80314 |
| information to be used by the public employer in collective | 80315 |
| bargaining; or any employee who works in a close continuing | 80316 |
| relationship with public officers or representatives directly | 80317 |
| participating in collective bargaining on behalf of the employer. | 80318 |
| (L) "Management level employee" means an individual who | 80319 |
| formulates policy on behalf of the public employer, who | 80320 |
| responsibly directs the implementation of policy, or who may | 80321 |
| reasonably be required on behalf of the public employer to assist | 80322 |
| in the preparation for the conduct of collective negotiations, | 80323 |
| administer collectively negotiated agreements, or have a major | 80324 |
| role in personnel administration. Assistant superintendents, | 80325 |
| principals, and assistant principals whose employment is governed | 80326 |
| by section 3319.02 of the Revised Code are management level | 80327 |
| employees. With respect to members of a faculty of a state | 80328 |
| institution of higher education, no person is a management level | 80329 |
| employee because of the person's involvement in the formulation or | 80330 |
| implementation of academic or institution policy. | 80331 |
| (M) "Wages" means hourly rates of pay, salaries, or other | 80332 |
| forms of compensation for services rendered. | 80333 |
| (N) "Member of a police department" means a person who is in | 80334 |
| the employ of a police department of a municipal corporation as a | 80335 |
| full-time regular police officer as the result of an appointment | 80336 |
| from a duly established civil service eligibility list or under | 80337 |
| section 737.15 or 737.16 of the Revised Code, a full-time deputy | 80338 |
| sheriff appointed under section 311.04 of the Revised Code, a | 80339 |
| township constable appointed under section 509.01 of the Revised | 80340 |
| Code, or a member of a township police district police department | 80341 |
| appointed under section 505.49 of the Revised Code. | 80342 |
| (O) "Members of the state highway patrol" means highway | 80343 |
| patrol troopers and radio operators appointed under section | 80344 |
| 5503.01 of the Revised Code. | 80345 |
| (P) "Member of a fire department" means a person who is in | 80346 |
| the employ of a fire department of a municipal corporation or a | 80347 |
| township as a fire cadet, full-time regular firefighter, or | 80348 |
| promoted rank as the result of an appointment from a duly | 80349 |
| established civil service eligibility list or under section | 80350 |
| 505.38, 709.012, or 737.22 of the Revised Code. | 80351 |
| (Q) "Day" means calendar day. | 80352 |
| Sec. 4117.02. (A) There is hereby created the state | 80353 |
| employment relations board, consisting of three members to be | 80354 |
| appointed by the governor with the advice and consent of the | 80355 |
| senate. Members shall be knowledgeable about labor relations or | 80356 |
| personnel practices. No more than two of the three members shall | 80357 |
| belong to the same political party. A member of the state | 80358 |
| employment relations board during the member's period of service | 80359 |
| shall hold no other public office or public or private employment | 80360 |
| and shall allow no other responsibilities to interfere or conflict | 80361 |
| with the member's duties as a full-time state employment relations | 80362 |
| board member. Of the initial appointments made to the state | 80363 |
| employment relations board, one shall be for a term ending October | 80364 |
| 6, 1984, one shall be for a term ending October 6, 1985, and one | 80365 |
| shall be for a term ending October 6, 1986. Thereafter, terms of | 80366 |
| office shall be for six years, each term ending on the same day of | 80367 |
| the same month of the year as did the term that it succeeds. Each | 80368 |
| member shall hold office from the date of the member's appointment | 80369 |
| until the end of the term for which the member is appointed. Any | 80370 |
| member appointed to fill a vacancy occurring prior to the | 80371 |
| expiration of the term for which the member's predecessor was | 80372 |
| appointed shall hold office for the remainder of the term. Any | 80373 |
| member shall continue in office subsequent to the expiration of | 80374 |
| the member's term until the member's successor takes office or | 80375 |
| until a period of sixty days has elapsed, whichever occurs first. | 80376 |
| The governor may remove any member of the state employment | 80377 |
| relations board, upon notice and public hearing, for neglect of | 80378 |
| duty or malfeasance in office, but for no other cause. | 80379 |
| (B)(1) The governor shall designate one member of the state | 80380 |
| employment relations board to serve as chairperson of the state | 80381 |
| employment relations board. The chairperson is the head of the | 80382 |
| state employment relations board and its chief executive officer. | 80383 |
| (2) The chairperson shall exercise all administrative powers | 80384 |
| and duties conferred upon the state employment relations board | 80385 |
| under this chapter and shall do all of the following: | 80386 |
| (a) | 80387 |
| 80388 | |
| state employment relations board, and establish, change, or | 80389 |
| abolish positions and assign or reassign the duties of those | 80390 |
| employees as the chairperson determines necessary to achieve the | 80391 |
|
most efficient performance of the | 80392 |
| employment relations board under this chapter; | 80393 |
| (b) Determine the utilization by the state personnel board of | 80394 |
| review of employees of the state employment relations board as | 80395 |
| necessary for the state personnel board of review to exercise the | 80396 |
| powers and perform the duties of the state personnel board of | 80397 |
| review. | 80398 |
| (c) Maintain the office of the state employment relations | 80399 |
| board in Columbus and manage the office's daily operations, | 80400 |
| including securing offices, facilities, equipment, and supplies | 80401 |
| necessary to house the state employment relations board, | 80402 |
| employees of the state employment relations board, the state | 80403 |
| personnel board of review, and files and records under the | 80404 |
| 80405 | |
| under the control of the state personnel board of review; | 80406 |
| | 80407 |
| management a budget for each biennium according to section | 80408 |
| 107.03 of the Revised Code, and include in the budget the costs | 80409 |
| of the state employment relations board and its staff and the | 80410 |
| 80411 | |
| discharging any duty imposed by law upon the state employment | 80412 |
|
relations board, the
chairperson, or any of the | 80413 |
| or agents of the state employment relations board, and the costs | 80414 |
| of the state personnel board of review in discharging any duty | 80415 |
| imposed by law on the state personnel board of review or an agent | 80416 |
| of the state personnel board of review. | 80417 |
| (C) The vacancy on the state employment relations board does | 80418 |
| not impair the right of the remaining members to exercise all the | 80419 |
| powers of the state employment relations board, and two members of | 80420 |
| the state employment relations board, at all times, constitute a | 80421 |
| quorum. The state employment relations board shall have an | 80422 |
| official seal of which courts shall take judicial notice. | 80423 |
| (D) The state employment relations board shall make an annual | 80424 |
| report in writing to the governor and to the general assembly, | 80425 |
| stating in detail the work it has done. | 80426 |
| (E) Compensation of the chairperson and members shall be in | 80427 |
| accordance with division (J) of section 124.15 of the Revised | 80428 |
| Code. The chairperson and the members are eligible for | 80429 |
| reappointment. In addition to such compensation, all members shall | 80430 |
| be reimbursed for their necessary expenses incurred in the | 80431 |
| performance of their work as members. | 80432 |
| (F)(1) The chairperson, after consulting with the other state | 80433 |
| employment relations board members and receiving the consent of at | 80434 |
| least one other board member, shall appoint an executive director. | 80435 |
|
The chairperson also shall appoint
attorneys and | 80436 |
| 80437 | |
| be an attorney admitted to practice law in this state and who | 80438 |
| shall serve as a liaison to the attorney general on legal matters | 80439 |
| before the state employment relations board. | 80440 |
| (2) The state employment relations board shall appoint | 80441 |
| 80442 | |
| 80443 |
| (G)(1) The executive director shall serve at the pleasure of | 80444 |
| the chairperson. The executive director, under the direction of | 80445 |
| the chairperson, shall do all of the following: | 80446 |
| (a) Act as chief administrative officer for the state | 80447 |
| employment relations board; | 80448 |
| (b) Ensure that all employees of the state employment | 80449 |
| relations board comply with the rules of the state employment | 80450 |
| relations board; | 80451 |
| (c) Do all things necessary for the efficient and effective | 80452 |
| implementation of the duties of the state employment relations | 80453 |
| board. | 80454 |
| (2) The duties of the executive director described in | 80455 |
| division (G)(1) of this section do not relieve the chairperson | 80456 |
| from final responsibility for the proper performance of the duties | 80457 |
| described in that division. | 80458 |
| (H) The attorney general shall be the legal adviser of the | 80459 |
| state employment relations board and shall appear for and | 80460 |
| represent the state employment relations board and its agents in | 80461 |
| all legal proceedings. The state employment relations board may | 80462 |
| utilize regional, local, or other agencies, and utilize voluntary | 80463 |
| and uncompensated services as needed. The state employment | 80464 |
| relations board may contract with the federal mediation and | 80465 |
| conciliation service for the assistance of mediators, arbitrators, | 80466 |
|
and other personnel the service makes available.
The | 80467 |
|
chairperson | 80468 |
| basis of training, practical experience, education, and character, | 80469 |
| notwithstanding the requirements established by section 119.09 of | 80470 |
|
the Revised
Code. The | 80471 |
| to the practical training and experience that employees have for | 80472 |
|
the particular
position involved. | 80473 |
| 80474 | |
| 80475 | |
| judges, employees holding a fiduciary or administrative relation | 80476 |
| to the state employment relations board as described in division | 80477 |
| (A)(9) of section 124.11 of the Revised Code, and the personal | 80478 |
| secretaries and assistants of the state employment relations board | 80479 |
|
members are in the | 80480 |
| full-time employees of the state employment relations board are in | 80481 |
| the classified service. All employees of the state employment | 80482 |
| relations board shall be paid in accordance with Chapter 124. of | 80483 |
| the Revised Code. | 80484 |
| (I) The | 80485 |
| administrative law judges and other agents whose functions are to | 80486 |
| conduct hearings with due regard to their impartiality, judicial | 80487 |
| temperament, and knowledge. If in any proceeding under this | 80488 |
| chapter, any party prior to five days before the hearing thereto | 80489 |
| files with the state employment relations board a sworn statement | 80490 |
|
charging that the | 80491 |
| designated to conduct the hearing is biased or partial in the | 80492 |
| proceeding, the state employment relations board may disqualify | 80493 |
|
the person and designate another | 80494 |
| or agent to conduct the proceeding. At least ten days before any | 80495 |
| hearing, the state employment relations board shall notify all | 80496 |
|
parties to a proceeding of the name of
the | 80497 |
| law judge or agent designated to conduct the hearing. | 80498 |
| (J) The principal office of the state employment relations | 80499 |
| board is in Columbus, but it may meet and exercise any or all of | 80500 |
| its powers at any other place within the state. The state | 80501 |
| employment relations board may, by one or more of its employees, | 80502 |
| or any agents or agencies it designates, conduct in any part of | 80503 |
| this state any proceeding, hearing, investigation, inquiry, or | 80504 |
| election necessary to the performance of its functions; provided, | 80505 |
| that no person so designated may later sit in determination of an | 80506 |
| appeal of the decision of that cause or matter. | 80507 |
| (K) In addition to the powers and functions provided in other | 80508 |
| sections of this chapter, the state employment relations board | 80509 |
| shall do all of the following: | 80510 |
| (1) Create a bureau of mediation within the state employment | 80511 |
| relations board, to perform the functions provided in section | 80512 |
| 4117.14 of the Revised Code. This bureau shall also establish, | 80513 |
| after consulting representatives of employee organizations and | 80514 |
| public employers, panels of qualified persons to be available to | 80515 |
| serve as members of fact-finding panels and arbitrators. | 80516 |
| (2) Conduct studies of problems involved in representation | 80517 |
| and negotiation and make recommendations for legislation; | 80518 |
| (3) Hold hearings pursuant to this chapter and, for the | 80519 |
| purpose of the hearings and inquiries, administer oaths and | 80520 |
| affirmations, examine witnesses and documents, take testimony and | 80521 |
| receive evidence, compel the attendance of witnesses and the | 80522 |
| production of documents by the issuance of subpoenas, and delegate | 80523 |
| these powers to any members of the state employment relations | 80524 |
|
board or any
| 80525 |
| judge employed by the state employment relations board for the | 80526 |
| performance of its functions; | 80527 |
| (4) Train representatives of employee organizations and | 80528 |
| public employers in the rules and techniques of collective | 80529 |
| bargaining procedures; | 80530 |
| (5) Make studies and analyses of, and act as a clearinghouse | 80531 |
| of information relating to, conditions of employment of public | 80532 |
| employees throughout the state and request assistance, services, | 80533 |
| and data from any public employee organization, public employer, | 80534 |
| or governmental unit. Public employee organizations, public | 80535 |
| employers, and governmental units shall provide such assistance, | 80536 |
| services, and data as will enable the state employment relations | 80537 |
| board to carry out its functions and powers. | 80538 |
| (6) Make available to employee organizations, public | 80539 |
| employers, mediators, fact-finding panels, arbitrators, and joint | 80540 |
| study committees statistical data relating to wages, benefits, and | 80541 |
| employment practices in public and private employment applicable | 80542 |
| to various localities and occupations to assist them to resolve | 80543 |
| issues in negotiations; | 80544 |
| (7) Notwithstanding section 119.13 of the Revised Code, | 80545 |
| establish standards of persons who practice before it; | 80546 |
| (8) Adopt, amend, and rescind rules and procedures and | 80547 |
| exercise other powers appropriate to carry out this chapter. | 80548 |
| Before the adoption, amendment, or rescission of rules and | 80549 |
| procedures under this section, the state employment relations | 80550 |
| board shall do all of the following: | 80551 |
| (a) Maintain a list of interested public employers and | 80552 |
| employee organizations and mail notice to such groups of any | 80553 |
| proposed rule or procedure, amendment thereto, or rescission | 80554 |
| thereof at least thirty days before any public hearing thereon; | 80555 |
| (b) Mail a copy of each proposed rule or procedure, amendment | 80556 |
| thereto, or rescission thereof to any person who requests a copy | 80557 |
| within five days after receipt of the request therefor; | 80558 |
| (c) Consult with appropriate statewide organizations | 80559 |
| representing public employers or employees who would be affected | 80560 |
| by the proposed rule or procedure. | 80561 |
| Although the state employment relations board is expected to | 80562 |
| discharge these duties diligently, failure to mail any notice or | 80563 |
| copy, or to so consult with any person, is not jurisdictional and | 80564 |
| shall not be construed to invalidate any proceeding or action of | 80565 |
| the state employment relations board. | 80566 |
| (L) In case of neglect or refusal to obey a subpoena issued | 80567 |
| to any person, the court of common pleas of the county in which | 80568 |
| the investigation or the public hearing occurs, upon application | 80569 |
| by the state employment relations board, may issue an order | 80570 |
| requiring the person to appear before the state employment | 80571 |
| relations board and give testimony about the matter under | 80572 |
| investigation. The court may punish a failure to obey the order as | 80573 |
| contempt. | 80574 |
| (M) Any subpoena, notice of hearing, or other process or | 80575 |
| notice of the state employment relations board issued under this | 80576 |
| section may be served personally, by certified mail, or by leaving | 80577 |
| a copy at the principal office or personal residence of the | 80578 |
| respondent required to be served. A return, made and verified by | 80579 |
| the individual making the service and setting forth the manner of | 80580 |
| service, is proof of service, and a return post office receipt, | 80581 |
| when certified mail is used, is proof of service. All process in | 80582 |
| any court to which application is made under this chapter may be | 80583 |
| served in the county wherein the persons required to be served | 80584 |
| reside or are found. | 80585 |
| (N) All expenses of the state employment relations board, | 80586 |
| including all necessary traveling and subsistence expenses | 80587 |
| incurred by the members or employees of the state employment | 80588 |
| relations board under its orders, shall be paid pursuant to | 80589 |
| itemized vouchers approved by the chairperson of the state | 80590 |
| employment relations board, the executive director, or both, or | 80591 |
| such other person as the chairperson designates for that purpose. | 80592 |
| (O) Whenever the state employment relations board determines | 80593 |
| that a substantial controversy exists with respect to the | 80594 |
| application or interpretation of this chapter and the matter is of | 80595 |
| public or great general interest, the state employment relations | 80596 |
| board shall certify its final order directly to the court of | 80597 |
| appeals having jurisdiction over the area in which the principal | 80598 |
| office of the public employer directly affected by the application | 80599 |
| or interpretation is located. The chairperson shall file with the | 80600 |
| clerk of the court a certified copy of the transcript of the | 80601 |
| proceedings before the state employment relations board pertaining | 80602 |
| to the final order. If upon hearing and consideration the court | 80603 |
| decides that the final order of the state employment relations | 80604 |
| board is unlawful or is not supported by substantial evidence on | 80605 |
| the record as a whole, the court shall reverse and vacate the | 80606 |
| final order or modify it and enter final judgment in accordance | 80607 |
| with the modification; otherwise, the court shall affirm the final | 80608 |
| order. The notice of the final order of the state employment | 80609 |
| relations board to the interested parties shall contain a | 80610 |
| certification by the chairperson of the state employment relations | 80611 |
| board that the final order is of public or great general interest | 80612 |
| and that a certified transcript of the record of the proceedings | 80613 |
| before the state employment relations board had been filed with | 80614 |
| the clerk of the court as an appeal to the court. For the purposes | 80615 |
| of this division, the state employment relations board has | 80616 |
| standing to bring its final order properly before the court of | 80617 |
| appeals. | 80618 |
| (P) Except as otherwise specifically provided in this | 80619 |
| section, the state employment relations board is subject to | 80620 |
| Chapter 119. of the Revised Code, including the procedure for | 80621 |
| submission of proposed rules to the general assembly for | 80622 |
| legislative review under division (H) of section 119.03 of the | 80623 |
| Revised Code. | 80624 |
| Sec. 4117.07. (A) When a petition is filed, in accordance | 80625 |
| with rules prescribed by the state employment relations board: | 80626 |
| (1) By any employee or group of employees, or any individual | 80627 |
| or employee organization acting in their behalf, alleging that at | 80628 |
| least thirty per cent of the employees in an appropriate unit wish | 80629 |
| to be represented for collective bargaining by an exclusive | 80630 |
| representative, or asserting that the designated exclusive | 80631 |
| representative is no longer the representative of the majority of | 80632 |
| employees in the unit, the board shall investigate the petition, | 80633 |
| and if it has reasonable cause to believe that a question of | 80634 |
| representation exists, provide for an appropriate hearing upon due | 80635 |
| notice to the parties; | 80636 |
| (2) By the employer alleging that one or more employee | 80637 |
| organizations has presented to it a claim to be recognized as the | 80638 |
| exclusive representative in an appropriate unit, the board shall | 80639 |
| investigate the petition, and if it has reasonable cause to | 80640 |
| believe that a question of representation exists, provide for an | 80641 |
| appropriate hearing upon due notice to the parties. | 80642 |
| If the board finds upon the record of a hearing that a | 80643 |
| question of representation exists, it shall direct an election and | 80644 |
| certify the results thereof. No one may vote in an election by | 80645 |
| 80646 | |
| as an exclusive representative if it determines that a free and | 80647 |
| untrammelled election cannot be conducted because of the | 80648 |
| employer's unfair labor practices and that at one time the | 80649 |
| employee organization had the support of the majority of the | 80650 |
| employees in the unit. | 80651 |
| (B) Only the names of those employee organizations designated | 80652 |
| by more than ten per cent of the employees in the unit found to be | 80653 |
| appropriate may be placed on the ballot. Nothing in this section | 80654 |
| shall be construed to prohibit the waiving of hearings by | 80655 |
| stipulation, in conformity with the rules of the board, for the | 80656 |
| purpose of a consent election. | 80657 |
| (C) The board shall conduct representation elections by | 80658 |
| secret ballot cast, at the board's discretion, by mail or | 80659 |
| electronically or in person, and at times and places selected by | 80660 |
| the board subject to the following: | 80661 |
| (1) The board shall give no less than ten days' notice of the | 80662 |
| time and place of an election; | 80663 |
| (2) The board shall establish rules concerning the conduct of | 80664 |
| any election including, but not limited to, rules to guarantee the | 80665 |
| secrecy of the ballot; | 80666 |
| (3) The board may not certify a representative unless the | 80667 |
| representative receives a majority of the valid ballots cast; | 80668 |
| (4) Except as provided in this section, the board shall | 80669 |
| include on the ballot a choice of "no representative"; | 80670 |
| (5) In an election where none of the choices on the ballot | 80671 |
| receives a majority, the board shall conduct a runoff election. In | 80672 |
| that case, the ballot shall provide for a selection between the | 80673 |
| two choices or parties receiving the highest and the second | 80674 |
| highest number of ballots cast in the election. | 80675 |
| (6) The board may not conduct an election under this section | 80676 |
| in any appropriate bargaining unit within which a board-conducted | 80677 |
| election was held in the preceding twelve-month period, nor during | 80678 |
| the term of any lawful collective bargaining agreement between a | 80679 |
| public employer and an exclusive representative. | 80680 |
| Petitions for elections may be filed with the board no sooner | 80681 |
| than one hundred twenty days or later than ninety days before the | 80682 |
| expiration date of any collective bargaining agreement, or after | 80683 |
| the expiration date, until the public employer and exclusive | 80684 |
| representative enter into a new written agreement. | 80685 |
| For the purposes of this section, extensions of agreements do | 80686 |
| not affect the expiration date of the original agreement. | 80687 |
| Sec. 4117.12. (A) Whoever violates section 4117.11 of the | 80688 |
| Revised Code is guilty of an unfair labor practice remediable by | 80689 |
| the state employment relations board as specified in this section. | 80690 |
| (B) When anyone files a charge with the board alleging that | 80691 |
| an unfair labor practice has been committed, the board or its | 80692 |
| designated agent shall investigate the charge. If the board has | 80693 |
| probable cause for believing that a violation has occurred, the | 80694 |
| board shall issue a complaint and shall conduct a hearing | 80695 |
| concerning the charge. The board shall cause the complaint to be | 80696 |
| served upon the charged party which shall contain a notice of the | 80697 |
| time at which the hearing on the complaint will be held either | 80698 |
|
before the board, a board member, or | 80699 |
| administrative law judge. The board may not issue a notice of | 80700 |
| hearing based upon any unfair labor practice occurring more than | 80701 |
| ninety days prior to the filing of the charge with the board, | 80702 |
| unless the person aggrieved thereby is prevented from filing the | 80703 |
| charge by reason of service in the armed forces, in which event | 80704 |
|
the ninety-day period shall
be computed from the day of | 80705 |
| person's discharge. If the board dismisses a complaint as | 80706 |
| frivolous, it shall assess costs to the complainant pursuant to | 80707 |
| its standards governing such matters, and for that purpose, the | 80708 |
| board shall adopt a rule defining the standards by which the board | 80709 |
| will declare a complaint to be frivolous and the costs that will | 80710 |
| be assessed accordingly. | 80711 |
| (1) The board, board member, or | 80712 |
| administrative law judge shall hold a hearing on the charge within | 80713 |
| ten days after service of the complaint. The board may amend a | 80714 |
| complaint, upon receipt of a notice from the charging party, at | 80715 |
| any time prior to the close of the hearing, and the charged party | 80716 |
| shall within ten days from receipt of the complaint or amendment | 80717 |
| to the complaint, file an answer to the complaint or amendment to | 80718 |
| the complaint. The charged party may file an answer to an original | 80719 |
| or amended complaint. The agents of the board and the person | 80720 |
| charged are parties and may appear or otherwise give evidence at | 80721 |
| the hearing. At the discretion of the board, board member, or | 80722 |
| 80723 | |
| intervene and present evidence at the hearing. The board, board | 80724 |
|
member, or | 80725 |
| by the rules of evidence prevailing in the courts. | 80726 |
| (2) A board member or | 80727 |
| judge who conducts the hearing shall reduce the evidence taken to | 80728 |
| writing and file it with the board. The board member or the | 80729 |
| 80730 | |
| further evidence or hear further argument if notice is given to | 80731 |
|
all interested parties. The | 80732 |
| judge or board member shall issue to the parties a proposed | 80733 |
| decision, together with a recommended order and file it with the | 80734 |
| board. If the parties file no exceptions within twenty days after | 80735 |
| service thereof, the recommended order becomes the order of the | 80736 |
| board effective as therein prescribed. If the parties file | 80737 |
| exceptions to the proposed report, the board shall determine | 80738 |
| whether substantial issues have been raised. The board may rescind | 80739 |
|
or
modify the proposed order of the board member or | 80740 |
| 80741 | |
| that the exceptions do not raise substantial issues of fact or | 80742 |
| law, it may refuse to grant review, and the recommended order | 80743 |
| becomes effective as therein prescribed. | 80744 |
| (3) If upon the preponderance of the evidence taken, the | 80745 |
| board believes that any person named in the complaint has engaged | 80746 |
| in any unfair labor practice, the board shall state its findings | 80747 |
| of fact and issue and cause to be served on the person an order | 80748 |
|
requiring that | 80749 |
| labor practices, and take such affirmative action, including | 80750 |
| reinstatement of employees with or without back pay, as will | 80751 |
| effectuate the policies of Chapter 4117. of the Revised Code. If | 80752 |
| upon a preponderance of the evidence taken, the board believes | 80753 |
| that the person named in the complaint has not engaged in an | 80754 |
| unfair labor practice it shall state its findings of fact and | 80755 |
| issue an order dismissing the complaint. | 80756 |
| (4) The board may order the public employer to reinstate the | 80757 |
| public employee and further may order either the public employer | 80758 |
| or the employee organization, depending on who was responsible for | 80759 |
| the discrimination suffered by the public employee, to make such | 80760 |
| payment of back pay to the public employee as the board | 80761 |
| determines. No order of the board shall require the reinstatement | 80762 |
| of any individual as an employee who has been suspended or | 80763 |
|
discharged, or require the payment to | 80764 |
| pay, if the suspension or discharge was for just cause not related | 80765 |
| to rights provided in section 4117.03 of the Revised Code and the | 80766 |
| procedure contained in the collective bargaining agreement | 80767 |
| governing suspension or discharge was followed. The order of the | 80768 |
| board may require the party against whom the order is issued to | 80769 |
|
make periodic reports showing the extent to which | 80770 |
| complied with the order. | 80771 |
| (C) Whenever a complaint alleges that a person has engaged in | 80772 |
| an unfair labor practice and that the complainant will suffer | 80773 |
| substantial and irreparable injury if not granted temporary | 80774 |
| relief, the board may petition the court of common pleas for any | 80775 |
| county wherein the alleged unfair labor practice in question | 80776 |
| occurs, or wherein any person charged with the commission of any | 80777 |
| unfair labor practice resides or transacts business for | 80778 |
| appropriate injunctive relief, pending the final adjudication by | 80779 |
| the board with respect to the matter. Upon the filing of any | 80780 |
| petition, the court shall cause notice thereof to be served upon | 80781 |
| the parties, and thereupon has jurisdiction to grant the temporary | 80782 |
| relief or restraining order it considers just and proper. | 80783 |
| (D) Until the record in a case is filed in a court, as | 80784 |
| specified in Chapter 4117. of the Revised Code, the board may at | 80785 |
| any time upon reasonable notice and in a manner it considers | 80786 |
| proper, modify or set aside, in whole or in part, any finding or | 80787 |
| order made or issued by it. | 80788 |
| Sec. 4117.24. (A) The training, publications, and grants fund | 80789 |
| is hereby created in the state treasury. The state employment | 80790 |
| relations board shall deposit into the training, publications, and | 80791 |
| grants fund all moneys received from the following sources: | 80792 |
| | 80793 |
| board for copies of documents, rulebooks, and other publications; | 80794 |
| | 80795 |
| | 80796 |
| | 80797 |
| bequests, gifts, reimbursements, and similar funds; | 80798 |
| | 80799 |
| expenses related to professional services; | 80800 |
| | 80801 |
|
relations services and programs | 80802 |
| (7) Moneys received by the state personnel board of review | 80803 |
| pursuant to division (C) of section 124.03 of the Revised Code. | 80804 |
| (B) The state employment relations board shall use all moneys | 80805 |
| deposited into the training, publications, and grants fund to | 80806 |
|
defray | 80807 |
| (1) The costs of furnishing and making available copies of | 80808 |
|
documents, rulebooks, and other publications; | 80809 |
| (2) The costs of planning, organizing, and conducting | 80810 |
|
training seminars; | 80811 |
| (3) The costs associated with grant projects, innovative | 80812 |
| labor-management cooperation programs, research projects related | 80813 |
| to these grants and programs, and the advancement in | 80814 |
|
professionalism of public sector relations; | 80815 |
| (4) The professional development of state employment | 80816 |
|
relations board employees; | 80817 |
| (5) The costs of compiling clearinghouse data; | 80818 |
| (6) The cost of producing the administrative record of the | 80819 |
| state personnel board of review. | 80820 |
| The state employment relations board may seek, solicit, apply | 80821 |
| for, receive, and accept grants, gifts, and contributions of | 80822 |
| money, property, labor, and other things of value to be held for, | 80823 |
| used for, and applied to only the purpose for which the grants, | 80824 |
| gifts, and contributions are made, from individuals, private and | 80825 |
| public corporations, the United States or any agency thereof, the | 80826 |
| state or any agency thereof, and any political subdivision of the | 80827 |
| state, and may enter into any contract with any such public or | 80828 |
| private source in connection therewith to be held for, used for, | 80829 |
| and applied to only the purposes for which such grants are made | 80830 |
| and contracts are entered into, all subject to and in accordance | 80831 |
| with the purposes of this chapter. Any money received from the | 80832 |
| grants, gifts, contributions, or contracts shall be deposited into | 80833 |
| the training, publications, and grants fund. | 80834 |
| Sec. 4121.125. (A) The bureau of workers' compensation board | 80835 |
| of directors, based upon recommendations of the workers' | 80836 |
| compensation actuarial committee, may contract with one or more | 80837 |
| outside actuarial firms and other professional persons, as the | 80838 |
| board determines necessary, to assist the board in measuring the | 80839 |
| performance of Ohio's workers' compensation system and in | 80840 |
| comparing Ohio's workers' compensation system to other state and | 80841 |
| private workers' compensation systems. The board, actuarial firm | 80842 |
| or firms, and professional persons shall make such measurements | 80843 |
| and comparisons using accepted insurance industry standards, | 80844 |
| including, but not limited to, standards promulgated by the | 80845 |
| National Council on Compensation Insurance. | 80846 |
| (B) The board may contract with one or more outside firms to | 80847 |
| conduct management and financial audits of the workers' | 80848 |
| compensation system, including audits of the reserve fund | 80849 |
| belonging to the state insurance fund, and to establish objective | 80850 |
| quality management principles and methods by which to review the | 80851 |
| performance of the workers' compensation system. | 80852 |
| (C) The board shall do all of the following: | 80853 |
| (1) Contract to have prepared annually by or under the | 80854 |
| supervision of an actuary a report that meets the requirements | 80855 |
| specified under division (E) of this section and that consists of | 80856 |
| an actuarial valuation of the assets, liabilities, and funding | 80857 |
| requirements of the state insurance fund and all other funds | 80858 |
| specified in this chapter and Chapters 4123., 4127., and 4131. of | 80859 |
| the Revised Code; | 80860 |
| (2) Require that the actuary or person supervised by an | 80861 |
| actuary referred to in division (C)(1) of this section complete | 80862 |
| the valuation in accordance with the actuarial standards of | 80863 |
| practice promulgated by the actuarial standards board of the | 80864 |
| American academy of actuaries; | 80865 |
| (3) Submit the report referred to in division (C)(1) of this | 80866 |
| section to the workers' compensation council and the standing | 80867 |
| committees of the house of representatives and the senate with | 80868 |
| primary responsibility for workers' compensation legislation not | 80869 |
| later than the first day of September following the year for which | 80870 |
| the valuation was made; | 80871 |
| (4) Have an actuary or a person who provides actuarial | 80872 |
| services under the supervision of an actuary, at such time as the | 80873 |
| board determines, and at least once during the five-year period | 80874 |
|
that commences on | 80875 |
| 10, 2007, and once within each five-year period thereafter, | 80876 |
| conduct an actuarial investigation of the experience of | 80877 |
| employers, the mortality, service, and injury rate of employees, | 80878 |
| and the payment of temporary total disability, permanent partial | 80879 |
| disability, and permanent total disability under sections 4123.56 | 80880 |
| to 4123.58 of the Revised Code to update the actuarial | 80881 |
| assumptions used in the report required by division (C)(1) of | 80882 |
| this section; | 80883 |
| (5) Submit the report required under division (F) of this | 80884 |
| section to the council and the standing committees of the house of | 80885 |
| representatives and the senate with primary responsibility for | 80886 |
| workers' compensation legislation not later than the first day of | 80887 |
| November following the fifth year of the period that the report | 80888 |
| covers; | 80889 |
| (6) Have prepared by or under the supervision of an actuary | 80890 |
| an actuarial analysis of any introduced legislation expected to | 80891 |
| have a measurable financial impact on the workers' compensation | 80892 |
| system; | 80893 |
| (7) Submit the report required under division (G) of this | 80894 |
| section to the legislative service commission, the standing | 80895 |
| committees of the house of representatives and the senate with | 80896 |
| primary responsibility for workers' compensation legislation, and | 80897 |
| the council not later than sixty days after the date of | 80898 |
| introduction of the legislation. | 80899 |
| (D) The administrator of workers' compensation and the | 80900 |
| industrial commission shall compile information and provide access | 80901 |
| to records of the bureau and the industrial commission to the | 80902 |
| board to the extent necessary for fulfillment of both of the | 80903 |
| following requirements: | 80904 |
| (1) Conduct of the measurements and comparisons described in | 80905 |
| division (A) of this section; | 80906 |
| (2) Conduct of the management and financial audits and | 80907 |
| establishment of the principles and methods described in division | 80908 |
| (B) of this section. | 80909 |
| (E) The firm or person with whom the board contracts pursuant | 80910 |
| to division (C)(1) of this section shall prepare a report of the | 80911 |
| valuation and submit the report to the board. The firm or person | 80912 |
| shall include all of the following information in the report that | 80913 |
| is required under division (C)(1) of this section: | 80914 |
| (1) A summary of the compensation and benefit provisions | 80915 |
| evaluated; | 80916 |
| (2) A summary of the census data and financial information | 80917 |
| used in the valuation; | 80918 |
| (3) A description of the actuarial assumptions, actuarial | 80919 |
| cost method, and asset valuation method used in the valuation; | 80920 |
| (4) A summary of findings that includes a statement of the | 80921 |
| actuarial accrued compensation and benefit liabilities and | 80922 |
| unfunded actuarial accrued compensation and benefit liabilities; | 80923 |
| (5) A schedule showing the effect of any changes in the | 80924 |
| compensation and benefit provisions, actuarial assumptions, or | 80925 |
| cost methods since the previous annual actuarial valuation report | 80926 |
| was submitted to the board. | 80927 |
| (F) The actuary or person whom the board designates to | 80928 |
| conduct an actuarial investigation under division (C)(4) of this | 80929 |
| section shall prepare a report of the actuarial investigation and | 80930 |
| shall submit the report to the board. The actuary or person shall | 80931 |
| prepare the report and make any recommended changes in actuarial | 80932 |
| assumptions in accordance with the actuarial standards of practice | 80933 |
| promulgated by the actuarial standards board of the American | 80934 |
| academy of actuaries. The actuary or person shall include all of | 80935 |
| the following information in the report: | 80936 |
| (1) A summary of relevant decrement and economic assumption | 80937 |
| experience; | 80938 |
| (2) Recommended changes in actuarial assumptions to be used | 80939 |
| in subsequent actuarial valuations required by division (C)(1) of | 80940 |
| this section; | 80941 |
| (3) A measurement of the financial effect of the recommended | 80942 |
| changes in actuarial assumptions. | 80943 |
| (G) The actuary or person whom the board designates to | 80944 |
| conduct the actuarial analysis under division (C)(6) of this | 80945 |
| section shall prepare a report of the actuarial analysis and shall | 80946 |
| submit that report to the board. The actuary or person shall | 80947 |
| complete the analysis in accordance with the actuarial standards | 80948 |
| of practice promulgated by the actuarial standards board of the | 80949 |
| American academy of actuaries. The actuary or person shall include | 80950 |
| all of the following information in the report: | 80951 |
| (1) A summary of the statutory changes being evaluated; | 80952 |
| (2) A description of or reference to the actuarial | 80953 |
| assumptions and actuarial cost method used in the report; | 80954 |
| (3) A description of the participant group or groups included | 80955 |
| in the report; | 80956 |
| (4) A statement of the financial impact of the legislation, | 80957 |
| including the resulting increase, if any, in employer premiums, in | 80958 |
| actuarial accrued liabilities, and, if an increase in actuarial | 80959 |
| accrued liabilities is predicted, the per cent of premium increase | 80960 |
| that would be required to amortize the increase in those | 80961 |
| liabilities as a level per cent of employer premiums over a period | 80962 |
| not to exceed thirty years. | 80963 |
| (5) A statement of whether the employer premiums paid to the | 80964 |
| bureau of workers' compensation after the proposed change is | 80965 |
| enacted are expected to be sufficient to satisfy the funding | 80966 |
| objectives established by the board. | 80967 |
| (H) The board may, at any time, request an actuary to make | 80968 |
| any studies or actuarial valuations to determine the adequacy of | 80969 |
| the premium rates established by the administrator in accordance | 80970 |
| with sections 4123.29 and 4123.34 of the Revised Code, and may | 80971 |
| adjust those rates as recommended by the actuary. | 80972 |
| (I) The board shall have an independent auditor, at least | 80973 |
| once every ten years, conduct a fiduciary performance audit of the | 80974 |
| investment program of the bureau of workers' compensation. That | 80975 |
| audit shall include an audit of the investment policies approved | 80976 |
| by the board and investment procedures of the bureau. The board | 80977 |
| shall submit a copy of that audit to the auditor of state. | 80978 |
| (J) The | 80979 |
| 80980 | |
| the office of internal auditing in the office of budget and | 80981 |
| management, as applicable, shall submit a copy of the preliminary | 80982 |
| report of the internal audit findings and recommendations and a | 80983 |
|
copy of the final report directly to the board | 80984 |
|
compensation audit committee | 80985 |
|
administrator | 80986 |
| 80987 | |
| 80988 | |
| 80989 | |
| 80990 | |
| 80991 | |
| Code. | 80992 |
| (K) The administrator shall pay the expenses incurred by the | 80993 |
| board to effectively fulfill its duties and exercise its powers | 80994 |
| under this section as the administrator pays other operating | 80995 |
| expenses of the bureau. | 80996 |
| Sec. 4123.442. When developing the investment policy for the | 80997 |
| investment of the assets of the funds specified in this chapter | 80998 |
| and Chapters 4121., 4127., and 4131. of the Revised Code, the | 80999 |
| workers' compensation investment committee shall do all of the | 81000 |
| following: | 81001 |
| (A) Specify the asset allocation targets and ranges, risk | 81002 |
| factors, asset class benchmarks, time horizons, total return | 81003 |
| objectives, and performance evaluation guidelines; | 81004 |
| (B) Prohibit investing the assets of those funds, directly or | 81005 |
| indirectly, in vehicles that target any of the following: | 81006 |
| (1) Coins; | 81007 |
| (2) Artwork; | 81008 |
| (3) Horses; | 81009 |
| (4) Jewelry or gems; | 81010 |
| (5) Stamps; | 81011 |
| (6) Antiques; | 81012 |
| (7) Artifacts; | 81013 |
| (8) Collectibles; | 81014 |
| (9) Memorabilia; | 81015 |
| (10) Similar unregulated investments that are not commonly | 81016 |
| part of an institutional portfolio, that lack liquidity, and that | 81017 |
| lack readily determinable valuation. | 81018 |
| (C) Specify that the administrator of workers' compensation | 81019 |
| may invest in an investment class only if the bureau of workers' | 81020 |
| compensation board of directors, by a majority vote, opens that | 81021 |
| class; | 81022 |
| (D) Prohibit investing the assets of those funds in any class | 81023 |
| of investments the board, by majority vote, closed, or any | 81024 |
| specific investment in which the board prohibits the administrator | 81025 |
| from investing; | 81026 |
| (E) Not specify in the investment policy that the | 81027 |
| administrator or employees of the bureau of workers' compensation | 81028 |
| are prohibited from conducting business with an investment | 81029 |
| management firm, any investment management professional associated | 81030 |
| with that firm, any third party solicitor associated with that | 81031 |
| firm, or any political action committee controlled by that firm or | 81032 |
| controlled by an investment management professional of that firm | 81033 |
| based on criteria that are more restrictive than the restrictions | 81034 |
| described in divisions (Y) and (Z) of section 3517.13 of the | 81035 |
| Revised Code. | 81036 |
| (F) Specify in the investment policy that the administrator | 81037 |
| or employees of the bureau of workers' compensation, when | 81038 |
| contracting with agents and investment managers for the | 81039 |
| administration of the assets of the funds, may set aside | 81040 |
| approximately fifteen per cent of the contracts for minority owned | 81041 |
| and controlled firms, to firms owned and controlled by women, to | 81042 |
| ventures involving minority owned and controlled firms, and to | 81043 |
| ventures involving firms owned and controlled by women that | 81044 |
| otherwise meet the policies and criteria established by the | 81045 |
| committee. | 81046 |
| Sec. 4123.446. (A) As used in this section: | 81047 |
| (1) "Minority business enterprise" has the meaning defined in | 81048 |
| section 122.71 of the Revised Code. | 81049 |
| (2) "Women's business enterprise" means a business, or a | 81050 |
| partnership, corporation, limited liability company, or joint | 81051 |
| venture of any kind, that is owned and controlled by women who are | 81052 |
| United States citizens and residents of this state. | 81053 |
| (B) The administrator of workers' compensation shall submit | 81054 |
| annually to the governor and to the general assembly (under | 81055 |
| section 101.68 of the Revised Code) a report containing the | 81056 |
| following information: | 81057 |
| (1) The name of each investment manager that is a minority | 81058 |
| business enterprise or a women's business enterprise with which | 81059 |
| the administrator contracts; | 81060 |
| (2) The amount of assets managed by investment managers that | 81061 |
| are minority business enterprises or women's business enterprises, | 81062 |
| expressed as a percentage of assets managed by investment managers | 81063 |
| with which the administrator has contracted; | 81064 |
| (3) Efforts by the administrator to increase utilization of | 81065 |
| investment managers that are minority business enterprises or | 81066 |
| women's business enterprises. | 81067 |
| Sec. 4141.08. (A) There is hereby created an unemployment | 81068 |
| compensation advisory council appointed as follows: | 81069 |
| (1) Three members who on account of their vocation, | 81070 |
| employment, or affiliations can be classed as representative of | 81071 |
| employers and three members who on account of their vocation, | 81072 |
| employment, or affiliation can be classed as representatives of | 81073 |
| employees appointed by the governor with the advice and consent of | 81074 |
| the senate. All appointees shall be persons whose training and | 81075 |
| experience qualify them to deal with the difficult problems of | 81076 |
| unemployment compensation, particularly with respect to the legal, | 81077 |
| accounting, actuarial, economic, and social aspects of | 81078 |
| unemployment compensation; | 81079 |
| (2) The chairpersons of the standing committees of the senate | 81080 |
| and the house of representatives to which legislation pertaining | 81081 |
| to Chapter 4141. of the Revised Code is customarily referred; | 81082 |
| (3) Two members of the senate appointed by the president of | 81083 |
| the senate; and | 81084 |
| (4) Two members of the house of representatives appointed by | 81085 |
| the speaker of the house of representatives. | 81086 |
| The speaker and the president shall arrange that of the six | 81087 |
| legislative members appointed to the council, not more than three | 81088 |
| are members of the same political party. | 81089 |
| (B) Members appointed by the governor shall serve for a term | 81090 |
| of four years, each term ending on the same day as the date of | 81091 |
| their original appointment. Legislative members shall serve during | 81092 |
| the session of the general assembly to which they are elected and | 81093 |
| for as long as they are members of the general assembly. Vacancies | 81094 |
| shall be filled in the same manner as the original appointment but | 81095 |
| only for the unexpired part of a term. | 81096 |
| (C) Members of the council shall serve without salary but, | 81097 |
| notwithstanding section 101.26 of the Revised Code, shall be paid | 81098 |
| a meeting stipend of fifty dollars per day each and their actual | 81099 |
| and necessary expenses while engaged in the performance of their | 81100 |
| duties as members of the council which shall be paid from funds | 81101 |
| allocated to pay the expenses of the council pursuant to this | 81102 |
| section. | 81103 |
| (D) The council shall organize itself and select a | 81104 |
| chairperson or co-chairpersons and other officers and committees | 81105 |
| as it considers necessary. Seven members constitute a quorum and | 81106 |
| the council may act only upon the affirmative vote of seven | 81107 |
| members. The council shall meet at least once each calendar | 81108 |
| quarter but it may meet more often as the council considers | 81109 |
| necessary or at the request of the chairperson. | 81110 |
| (E) The council may employ professional and clerical | 81111 |
| assistance as it considers necessary and may request of the | 81112 |
| director of job and family services assistance as it considers | 81113 |
| necessary. The director shall furnish the council with office and | 81114 |
| meeting space as requested by the council. | 81115 |
| (F) The director shall pay the operating expenses of the | 81116 |
| council as determined by the council from moneys in the | 81117 |
| unemployment compensation special administrative fund established | 81118 |
| in section 4141.11 of the Revised Code. | 81119 |
| (G) The council shall have access to only the records of the | 81120 |
| department of job and family services that are necessary for the | 81121 |
| administration of this chapter and to the reasonable services of | 81122 |
| the employees of the department. It may request the director, or | 81123 |
| any of the employees appointed by the director, or any employer or | 81124 |
| employee subject to this chapter, to appear before it and to | 81125 |
| testify relative to the functioning of this chapter and to other | 81126 |
| relevant matters. The council may conduct research of its own, | 81127 |
| make and publish reports, and recommend to the director, the | 81128 |
| unemployment compensation review commission, the governor, or the | 81129 |
| general assembly needed changes in this chapter, or in the rules | 81130 |
| of the department as it considers necessary. | 81131 |
| Sec. 4141.11. There is hereby created in the state treasury | 81132 |
| the unemployment compensation special administrative fund. The | 81133 |
| fund shall consist of all interest collected on delinquent | 81134 |
| contributions pursuant to this chapter, all fines and forfeitures | 81135 |
| collected under this chapter, and all court costs and interest | 81136 |
| paid or collected in connection with the repayment of fraudulently | 81137 |
| obtained benefits pursuant to section 4141.35 of the Revised Code. | 81138 |
| All interest earned on the money in the fund shall be retained in | 81139 |
| the fund and shall not be credited or transferred to any other | 81140 |
| fund or account, except as provided in division (B) of this | 81141 |
| section. All moneys which are deposited or paid into this fund may | 81142 |
| be used by: | 81143 |
| (A) The director of job and family services
| 81144 |
| 81145 | |
| appears that such use is necessary for: | 81146 |
| (1) The proper administration of this chapter and no federal | 81147 |
| funds are available for the specific purpose for which the | 81148 |
| expenditure is to be made, provided the moneys are not substituted | 81149 |
| for appropriations from federal funds, which in the absence of | 81150 |
| such moneys would be available; | 81151 |
| (2) The proper administration of this chapter for which | 81152 |
| purpose appropriations from federal funds have been requested and | 81153 |
| approved but not received, provided the fund would be reimbursed | 81154 |
| upon receipt of the federal appropriation; | 81155 |
| (3) To the extent possible, the repayment to the unemployment | 81156 |
| compensation administration fund of moneys found by the proper | 81157 |
| agency of the United States to have been lost or expended for | 81158 |
| purposes other than, or an amount in excess of, those found | 81159 |
| necessary by the proper agency of the United States for the | 81160 |
| administration of this chapter. | 81161 |
| (B) The director or the director's deputy whenever it appears | 81162 |
| that such use is necessary for the payment of refunds or | 81163 |
| adjustments of interest, fines, forfeitures, or court costs | 81164 |
| erroneously collected and paid into this fund pursuant to this | 81165 |
| chapter. | 81166 |
| (C) The director, to pay state disaster unemployment benefits | 81167 |
| pursuant to section 4141.292 of the Revised Code. The director | 81168 |
| need not have prior approval from the unemployment compensation | 81169 |
| advisory council to make these payments. | 81170 |
| (D) The director, to pay any costs attributable to the | 81171 |
| director that are associated with the sale of real property under | 81172 |
| section 4141.131 of the Revised Code. The director need not have | 81173 |
| prior approval from the council to make these payments. | 81174 |
| Whenever the balance in the unemployment compensation special | 81175 |
|
administrative fund is considered to be excessive by the
| 81176 |
| director, the director shall request the director of budget and | 81177 |
| management to transfer to the unemployment compensation fund the | 81178 |
| amount considered to be excessive. Any balance in the unemployment | 81179 |
| compensation special administrative fund shall not lapse at any | 81180 |
|
time, but shall be continuously
available to the director of | 81181 |
| job
and family
services | 81182 |
| consistent with this chapter. | 81183 |
| Sec. 4141.162. (A) The director of job and family services | 81184 |
| shall establish an income and eligibility verification system that | 81185 |
| complies with section 1137 of the "Social Security Act." The | 81186 |
| programs included in the system are all of the following: | 81187 |
| (1) Unemployment compensation pursuant to section 3304 of the | 81188 |
| "Internal Revenue Code of 1954"; | 81189 |
| (2) The state programs funded in part under part A of Title | 81190 |
| IV of the "Social Security Act" and administered under Chapters | 81191 |
| 5107. and 5108. of the Revised Code; | 81192 |
| (3) Medicaid pursuant to Title XIX of the "Social Security | 81193 |
| Act"; | 81194 |
| (4) | 81195 |
|
pursuant to the | 81196 |
| 81197 |
| (5) Any Ohio program under a plan approved under Title I, X, | 81198 |
| XIV, or XVI of the "Social Security Act." | 81199 |
| Wage information provided by employers to the director shall | 81200 |
| be furnished to the income and eligibility verification system. | 81201 |
| Such information shall be used by the director to determine | 81202 |
| eligibility of individuals for unemployment compensation benefits | 81203 |
| and the amount of those benefits and used by the agencies that | 81204 |
| administer the programs identified in divisions (A)(2) to (5) of | 81205 |
| this section to determine or verify eligibility for or the amount | 81206 |
| of benefits under those programs. | 81207 |
| The director shall fully implement the use of wage | 81208 |
| information to determine eligibility for and the amount of | 81209 |
| unemployment compensation benefits by September 30, 1988. | 81210 |
| Information furnished under the system shall also be made | 81211 |
| available to the appropriate state or local child support | 81212 |
| enforcement agency for the purposes of an approved plan under | 81213 |
| Title IV-D of the "Social Security Act" and to the appropriate | 81214 |
| federal agency for the purposes of Titles II and XVI of the | 81215 |
| "Social Security Act." | 81216 |
| (B) The director shall adopt rules as necessary under which | 81217 |
| the department of job and family services and other state agencies | 81218 |
| that the director determines must participate in order to ensure | 81219 |
| compliance with section 1137 of the "Social Security Act" exchange | 81220 |
| information with each other or authorized federal agencies about | 81221 |
| individuals who are applicants for or recipients of benefits under | 81222 |
| any of the programs enumerated in division (A) of this section. | 81223 |
| The rules shall extend to all of the following: | 81224 |
| (1) A requirement for standardized formats and procedures for | 81225 |
| a participating agency to request and receive information about an | 81226 |
| individual, which information shall include the individual's | 81227 |
| social security number; | 81228 |
| (2) A requirement that all applicants for and recipients of | 81229 |
| benefits under any program enumerated in division (A) of this | 81230 |
| section be notified at the time of application, and periodically | 81231 |
| thereafter, that information available through the system may be | 81232 |
| shared with agencies that administer other benefit programs and | 81233 |
| utilized in establishing or verifying eligibility or benefit | 81234 |
| amounts under the other programs enumerated in division (A) of | 81235 |
| this section; | 81236 |
| (3) A requirement that information is made available only to | 81237 |
| the extent necessary to assist in the valid administrative needs | 81238 |
| of the program receiving the information and is targeted for use | 81239 |
| in ways which are most likely to be productive in identifying and | 81240 |
| preventing ineligibility and incorrect payments; | 81241 |
| (4) A requirement that information is adequately protected | 81242 |
| against unauthorized disclosures for purposes other than to | 81243 |
| establish or verify eligibility or benefit amounts under the | 81244 |
| programs enumerated in division (A) of this section; | 81245 |
| (5) A requirement that a program providing information is | 81246 |
| reimbursed by the program using the information for the actual | 81247 |
| costs of furnishing the information and that the director be | 81248 |
| reimbursed by the participating programs for any actual costs | 81249 |
| incurred in operating the system; | 81250 |
| (6) Requirements for any other matters necessary to ensure | 81251 |
| the effective, efficient, and timely exchange of necessary | 81252 |
| information or that the director determines must be addressed in | 81253 |
| order to ensure compliance with the requirements of section 1137 | 81254 |
| of the "Social Security Act." | 81255 |
| (C) Each participating agency shall furnish to the income and | 81256 |
| eligibility verification system established in division (A) of | 81257 |
| this section that information, which the director, by rule, | 81258 |
| determines is necessary in order to comply with section 1137 of | 81259 |
| the "Social Security Act." | 81260 |
| (D) Notwithstanding the information disclosure requirements | 81261 |
| of this section and section 4141.21 and division (A) of section | 81262 |
| 4141.284 of the Revised Code, the director shall administer those | 81263 |
| provisions of law so as to comply with section 1137 of the "Social | 81264 |
| Security Act." | 81265 |
| (E) Requirements in section 4141.21 of the Revised Code with | 81266 |
| respect to confidentiality of information obtained in the | 81267 |
| administration of Chapter 4141. of the Revised Code and any | 81268 |
| sanctions imposed for improper disclosure of such information | 81269 |
| shall apply to the redisclosure of information disclosed under | 81270 |
| this section. | 81271 |
| Sec. 4169.02. (A) For the purposes of regulating the | 81272 |
| construction, maintenance, mechanical operation, and inspection of | 81273 |
| passenger tramways that are associated with ski areas and of | 81274 |
| registering operators of passenger tramways in this state, there | 81275 |
|
is hereby established in the division of | 81276 |
| labor in the department of commerce a ski tramway board to be | 81277 |
| appointed by the governor, with the advice and consent of the | 81278 |
| senate. The board shall consist of three members, one of whom | 81279 |
| shall be a public member who is an experienced skier and familiar | 81280 |
| with ski areas in this state, one of whom shall be a ski area | 81281 |
| operator actively engaged in the business of recreational skiing | 81282 |
| in this state, and one of whom shall be a professional engineer | 81283 |
| who is knowledgeable in the design or operation of passenger | 81284 |
| tramways. | 81285 |
| Of the initial appointments, one member shall be appointed | 81286 |
| for a term of one year, one for a term of two years, and one for a | 81287 |
| term of three years. The member appointed to the term beginning on | 81288 |
| July 1, 1996, shall be appointed to a term ending on June 30, | 81289 |
| 1997; the member appointed to a term beginning on July 1, 1997, | 81290 |
| shall be appointed to a term ending on June 30, 1999; and the | 81291 |
| member appointed to a term beginning on July 1, 1998, shall be | 81292 |
| appointed to a term ending on June 30, 2001. Thereafter, each of | 81293 |
| the members shall be appointed for a term of six years. Each | 81294 |
| member shall hold office from the date of appointment until the | 81295 |
| end of the term for which the member was appointed. In the event | 81296 |
| of a vacancy, the governor, with the advice and consent of the | 81297 |
| senate, shall appoint a successor who shall hold office for the | 81298 |
| remainder of the term for which the successor's predecessor was | 81299 |
| appointed. A member shall continue in office subsequent to the | 81300 |
| expiration date of the member's term until the member's successor | 81301 |
| takes office or until a period of sixty days has elapsed, | 81302 |
| whichever occurs first. The board shall elect a chairperson from | 81303 |
| its members. | 81304 |
| The governor may remove any member of the board at any time | 81305 |
| for misfeasance, nonfeasance, or malfeasance in office after | 81306 |
| giving the member a copy of the charges against the member and an | 81307 |
| opportunity to be heard publicly in person or by counsel in the | 81308 |
| member's defense. Any such act of removal by the governor is | 81309 |
| final. A statement of the findings of the governor, the reason for | 81310 |
| the governor's action, and the answer, if any, of the member shall | 81311 |
| be filed by the governor with the secretary of state and shall be | 81312 |
| open to public inspection. | 81313 |
| Members of the board shall be paid two hundred fifty dollars | 81314 |
| for each meeting that the member attends, except that no member | 81315 |
| shall be paid or receive more than seven hundred fifty dollars for | 81316 |
| attending meetings during any calendar year. Each member shall be | 81317 |
| reimbursed for the member's actual and necessary expenses incurred | 81318 |
| in the performance of official board duties. The chairperson shall | 81319 |
| be paid two hundred fifty dollars annually in addition to any | 81320 |
| compensation the chairperson receives under this division for | 81321 |
| attending meetings and any other compensation the chairperson | 81322 |
| receives for serving on the board. | 81323 |
| The division shall provide the board with such offices and | 81324 |
| such clerical, professional, and other assistance as may be | 81325 |
| reasonably necessary for the board to carry on its work. The | 81326 |
| division shall maintain accurate copies of the board's rules as | 81327 |
| promulgated in accordance with division (B) of this section and | 81328 |
| shall keep all of the board's records, including business records, | 81329 |
| and inspection reports as well as its own records and reports. The | 81330 |
| cost of administering the board and conducting inspections shall | 81331 |
| be included in the budget of the division based on revenues | 81332 |
| generated by the registration fees established under section | 81333 |
| 4169.03 of the Revised Code. | 81334 |
| (B) In accordance with Chapter 119. of the Revised Code, the | 81335 |
| board shall adopt and may amend or rescind rules relating to | 81336 |
| public safety in the construction, maintenance, mechanical | 81337 |
| operation, and inspection of passenger tramways. The rules shall | 81338 |
| be in accordance with established standards in the business of ski | 81339 |
| area operation, if any, and shall not discriminate in their | 81340 |
| application to ski area operators. | 81341 |
| No person shall violate the rules of the board. | 81342 |
| (C) The authority of the board shall not extend to any matter | 81343 |
| relative to the operation of a ski area other than the | 81344 |
| construction, maintenance, mechanical operation, and inspection of | 81345 |
| passenger tramways. | 81346 |
| (D) A majority of the board constitutes a quorum and may | 81347 |
| perform and exercise all the duties and powers devolving upon the | 81348 |
| board. | 81349 |
| Sec. 4169.03. (A) Before a passenger tramway operator may | 81350 |
| operate any passenger tramway in the state, the operator shall | 81351 |
| apply to the ski tramway board, on forms prepared by it, for | 81352 |
| registration by the board. The application shall contain an | 81353 |
| inventory of the passenger tramways that the applicant intends to | 81354 |
| operate and other information as the board may reasonably require | 81355 |
| and shall be accompanied by the following annual fees: | 81356 |
| (1) Each aerial passenger tramway, five hundred dollars; | 81357 |
| (2) Each skimobile, two hundred dollars; | 81358 |
| (3) Each chair lift, two hundred dollars; | 81359 |
| (4) Each J bar, T bar, or platter pull, one hundred dollars; | 81360 |
| (5) Each rope tow, fifty dollars; | 81361 |
| (6) Each wire rope tow, seventy-five dollars; | 81362 |
| (7) Each conveyor, one hundred dollars. | 81363 |
| When an operator operates an aerial passenger tramway, a | 81364 |
| skimobile, or a chair lift during both a winter and summer season, | 81365 |
| the annual fee shall be one and one-half the above amount for the | 81366 |
| respective passenger tramway. | 81367 |
| (B) Upon payment of the appropriate annual fees in accordance | 81368 |
| with division (A) of this section, the board shall issue a | 81369 |
| registration certificate to the operator. Each certificate shall | 81370 |
| remain in force until the thirtieth day of September next ensuing. | 81371 |
| The board shall renew an operator's certificate in accordance with | 81372 |
| the standard renewal procedure in Chapter 4745. of the Revised | 81373 |
| Code upon payment of the appropriate annual fees. | 81374 |
| (C) Money received from the registration fees and from the | 81375 |
| fines collected pursuant to section 4169.99 of the Revised Code | 81376 |
| shall be paid into the state treasury to the credit of the | 81377 |
| 81378 | |
| 121.084 of the Revised Code. | 81379 |
| (D) No person shall operate a passenger tramway in this state | 81380 |
| unless the person has been registered by the board. | 81381 |
| Sec. 4169.04. (A) The division of | 81382 |
| labor in the department of commerce shall make such inspection of | 81383 |
| the construction, maintenance, and mechanical operation of | 81384 |
| passenger tramways as the ski tramway board may reasonably | 81385 |
| require. The division may contract with other qualified engineers | 81386 |
| to make such inspection or may accept the inspection report by any | 81387 |
| qualified inspector of an insurance company authorized to insure | 81388 |
| passenger tramways in this state. | 81389 |
| (B) If, as the result of an inspection, an employee of the | 81390 |
| division or other agent with whom the division has contracted | 81391 |
| finds that a violation of the board's rules exists or a condition | 81392 |
| in passenger tramway construction, maintenance, or mechanical | 81393 |
| operation exists that endangers public safety, the employee or | 81394 |
| agent shall make an immediate report to the board for appropriate | 81395 |
| investigation and order. | 81396 |
| Sec. 4171.04. (A) Before a person may operate any roller | 81397 |
| skating rink in the state, the person shall: | 81398 |
| (1) Apply to the superintendent of | 81399 |
| 81400 | |
| by the superintendent for a certificate of registration; | 81401 |
| (2) Provide an inventory of all the roller skating rinks that | 81402 |
| the applicant intends to operate, and any other information the | 81403 |
| superintendent may reasonably require on the application; | 81404 |
| (3) Include with the application a registration fee of | 81405 |
| twenty-five dollars for each roller skating rink to be operated by | 81406 |
| the applicant. | 81407 |
| (B) Upon compliance with division (A) of this section, the | 81408 |
| superintendent shall issue a certificate of registration to the | 81409 |
| operator for each roller skating rink to be operated by the | 81410 |
| applicant. Each certificate shall remain in force as follows: | 81411 |
| (1) Until the thirty-first day of December next ensuing; or | 81412 |
| (2) For sixty days after the dissolution of a partnership. | 81413 |
| (C) In case of the dissolution of a partnership by death, the | 81414 |
| surviving partner or partners may operate a roller skating rink | 81415 |
| pursuant to the certificate of registration obtained by the | 81416 |
| partnership in accordance with this chapter for a period of sixty | 81417 |
| days following dissolution. The heirs or representatives of | 81418 |
| deceased persons and receivers or trustees in bankruptcy appointed | 81419 |
| by any competent authority may operate under the certificate of | 81420 |
| registration of the person succeeded in possession. | 81421 |
| (D) The superintendent shall renew an operator's certificate | 81422 |
| of registration in accordance with the standard license renewal | 81423 |
| procedure set forth in Chapter 4745. of the Revised Code upon | 81424 |
| payment of a renewal fee of twenty-five dollars for each roller | 81425 |
| skating rink to be operated by the applicant. | 81426 |
| (E) Money received from the registration and renewal fees | 81427 |
| collected pursuant to this chapter shall be paid into the state | 81428 |
|
treasury to the credit of the | 81429 |
| operating fund created in section 121.084 of the Revised Code. | 81430 |
| Sec. 4301.333. (A) The privilege of local option conferred | 81431 |
| by section 4301.323 of the Revised Code may be exercised if, not | 81432 |
| later than four p.m. of the seventy-fifth day before the day of a | 81433 |
| general or primary election, a petition is presented to the board | 81434 |
| of elections of the county in which the precinct is situated by a | 81435 |
| petitioner who is one of the following: | 81436 |
| (1) An applicant for the issuance or transfer of a liquor | 81437 |
| permit at, or to, a particular location within the precinct; | 81438 |
| (2) The holder of a liquor permit at a particular location | 81439 |
| within the precinct; | 81440 |
| (3) A person who operates or seeks to operate a liquor agency | 81441 |
| store at a particular location within the precinct; | 81442 |
| (4) The designated agent for an applicant, liquor permit | 81443 |
| holder, or liquor agency store described in division (A)(1), (2), | 81444 |
| or (3) of this section. | 81445 |
| (B) The petition shall be signed by the electors of the | 81446 |
| precinct equal in number to at least thirty-five per cent of the | 81447 |
| total number of votes cast in the precinct for the office of | 81448 |
| governor at the preceding general election for that office and | 81449 |
| shall contain all of the following: | 81450 |
| (1) A notice that the petition is for the submission of the | 81451 |
| question or questions set forth in section 4301.355 of the | 81452 |
| Revised Code; | 81453 |
| (2) The name of the applicant for the issuance or transfer, | 81454 |
| or the holder, of the liquor permit or, if applicable, the name of | 81455 |
| the liquor agency store, including any trade or fictitious names | 81456 |
| under which the applicant, holder, or liquor agency store either | 81457 |
| intends to do or does business at the particular location; | 81458 |
| (3) The address and proposed use of the particular location | 81459 |
| within the election precinct to which the results of the question | 81460 |
| or questions specified in section 4301.355 of the Revised Code | 81461 |
| shall apply. For purposes of this division, "use" means all of the | 81462 |
| following: | 81463 |
| (a) The type of each liquor permit applied for by the | 81464 |
| applicant or held by the liquor permit holder as described in | 81465 |
| sections 4303.11 to 4303.183 of the Revised Code, including a | 81466 |
| description of the type of beer or intoxicating liquor sales | 81467 |
| authorized by each permit as provided in those sections; | 81468 |
| (b) If a liquor agency store, the fact that the business | 81469 |
| operated as a liquor agency store authorized to operate by this | 81470 |
| state; | 81471 |
| (c) A description of the general nature of the business of | 81472 |
| the applicant, liquor permit holder, or liquor agency store. | 81473 |
| (4) If the petition seeks approval of Sunday sales under | 81474 |
| question (B)(2) as set forth in section 4301.355 of the Revised | 81475 |
| Code, a statement indicating whether the hours of sale sought are | 81476 |
|
between ten a.m. and midnight or between | 81477 |
| midnight. | 81478 |
| (C)(1) At the time the petitioner files the petition with the | 81479 |
| board of elections, the petitioner shall provide to the board both | 81480 |
| of the following: | 81481 |
| (a) An affidavit that is signed by the petitioner and that | 81482 |
| states the proposed use of the location following the election | 81483 |
| held to authorize the sale of beer or intoxicating liquor | 81484 |
| authorized by each permit as provided in sections 4303.11 to | 81485 |
| 4303.183 of the Revised Code; | 81486 |
| (b) Written evidence of the designation of an agent by the | 81487 |
| applicant, liquor permit holder, or liquor agency store described | 81488 |
| in division (A)(1), (2), or (3) of this section for the purpose of | 81489 |
| petitioning for the local option election, if the petitioner is | 81490 |
| the designated agent of the applicant, liquor permit holder, or | 81491 |
| liquor agency store. | 81492 |
| (2) Failure to supply the affidavit, or the written evidence | 81493 |
| of the designation of the agent if the petitioner for the local | 81494 |
| option election is the agent of the applicant, liquor permit | 81495 |
| holder, or liquor agency store described in division (A)(1), (2), | 81496 |
| or (3) of this section, at the time the petition is filed | 81497 |
| invalidates the entire petition. | 81498 |
| (D) Not later than the sixty-eighth day before the day of the | 81499 |
| next general or primary election, whichever occurs first, the | 81500 |
| board shall examine and determine the sufficiency of the | 81501 |
| signatures and the validity of the petition. If the board finds | 81502 |
| that the petition contains sufficient signatures and in other | 81503 |
| respects is valid, it shall order the holding of an election in | 81504 |
| the precinct on the day of the next general or primary election, | 81505 |
| whichever occurs first, for the submission of the question or | 81506 |
| questions set forth in section 4301.355 of the Revised Code. | 81507 |
| (E) A petition filed with the board of elections under this | 81508 |
| section shall be open to public inspection under rules adopted by | 81509 |
| the board. | 81510 |
| (F) An elector who is eligible to vote on the question or | 81511 |
| questions set forth in section 4301.355 of the Revised Code may | 81512 |
| file, not later than four p.m. of the sixty-fourth day before the | 81513 |
| day of the election at which the question or questions will be | 81514 |
| submitted to the electors, a protest against a local option | 81515 |
| petition circulated and filed pursuant to this section. The | 81516 |
| protest shall be in writing and shall be filed with the election | 81517 |
| officials with whom the petition was filed. Upon the filing of the | 81518 |
| protest, the election officials with whom it is filed shall | 81519 |
| promptly establish a time and place for hearing the protest and | 81520 |
| shall mail notice of the time and place for the hearing to the | 81521 |
| applicant for, or the holder of, the liquor permit who is | 81522 |
| specified in the petition and to the elector who filed the | 81523 |
| protest. At the time and place established in the notice, the | 81524 |
| election officials shall hear the protest and determine the | 81525 |
| validity of the petition. | 81526 |
| Sec. 4301.334. (A) The privilege of local option conferred | 81527 |
| by section 4301.324 of the Revised Code may be exercised if, not | 81528 |
| later than four p.m. of the seventy-fifth day before the day of a | 81529 |
| general or primary election, a petition and other information | 81530 |
| required by division (B) of this section are presented to the | 81531 |
| board of elections of the county in which the community facility | 81532 |
| named in the petition is located. The petition shall be signed by | 81533 |
| electors of the municipal corporation or unincorporated area of | 81534 |
| the township in which the community facility is located equal in | 81535 |
| number to at least ten per cent of the total number of votes cast | 81536 |
| in the municipal corporation or unincorporated area of the | 81537 |
| township in which the community facility is located for the office | 81538 |
| of governor at the most recent general election for that office | 81539 |
| and shall contain both of the following: | 81540 |
| (1) A notice that the petition is for the submission of the | 81541 |
| question set forth in section 4301.356 of the Revised Code and a | 81542 |
| statement indicating whether the hours of Sunday sales sought in | 81543 |
| the local option election are between ten a.m. and midnight or | 81544 |
| between eleven a.m. and midnight; | 81545 |
| (2) The name and address of the community facility for which | 81546 |
| the local option election is sought and, if the community facility | 81547 |
| is a community entertainment district, the boundaries of the | 81548 |
| district. | 81549 |
| (B) Upon the request of a petitioner, a board of elections of | 81550 |
| a county shall furnish to the petitioner a copy of the | 81551 |
| instructions prepared by the secretary of state under division (P) | 81552 |
| of section 3501.05 of the Revised Code and, within fifteen days | 81553 |
| after the request, a certificate indicating the number of valid | 81554 |
| signatures that will be required on a petition to hold an election | 81555 |
| in the municipal corporation or unincorporated area of the | 81556 |
| township in which the community facility is located on the | 81557 |
| question specified in section 4301.356 of the Revised Code. | 81558 |
| The petitioner shall, not less than thirty days before the | 81559 |
| petition-filing deadline for an election on the question specified | 81560 |
| in section 4301.356 of the Revised Code, specify to the division | 81561 |
| of liquor control the name and address of the community facility | 81562 |
| for which the election is sought and, if the community facility is | 81563 |
| a community entertainment district, the boundaries of the | 81564 |
| district, the municipal corporation or unincorporated area of a | 81565 |
| township in which the election is sought, and the filing deadline. | 81566 |
| The division shall, within a reasonable period of time and not | 81567 |
| later than ten days before the filing deadline, supply the | 81568 |
| petitioner with the name and address of any permit holder for or | 81569 |
| within the community facility. | 81570 |
| The petitioner shall file the name and address of any permit | 81571 |
| holder who would be affected by the election at the time the | 81572 |
| petitioner files the petition with the board of elections. Within | 81573 |
| five days after receiving the petition, the board shall give | 81574 |
| notice by certified mail to any permit holder within the community | 81575 |
| facility that it has received the petition. Failure of the | 81576 |
| petitioner to supply the name and address of any permit holder for | 81577 |
| or within the community facility as furnished to the petitioner by | 81578 |
| the division invalidates the petition. | 81579 |
| (C) Not later than the sixty-eighth day before the day of the | 81580 |
| next general or primary election, whichever occurs first, the | 81581 |
| board shall examine and determine the sufficiency of the | 81582 |
| signatures on the petition. If the board finds that the petition | 81583 |
| is valid, it shall order the holding of an election in the | 81584 |
| municipal corporation or unincorporated area of a township on the | 81585 |
| day of the next general or primary election, whichever occurs | 81586 |
| first, for the submission of the question set forth in section | 81587 |
| 4301.356 of the Revised Code. | 81588 |
| (D) A petition filed with a board of elections under this | 81589 |
| section shall be open to public inspection under rules adopted by | 81590 |
| the board. | 81591 |
| (E) An elector who is eligible to vote on the question set | 81592 |
| forth in section 4301.356 of the Revised Code or any permit holder | 81593 |
| for or within the community facility may, not later than four p.m. | 81594 |
| of the sixty-fourth day before the day of the election at which | 81595 |
| the question will be submitted to the electors, file a written | 81596 |
| protest against the local option petition with the board of | 81597 |
| elections with which the petition was filed. Upon the filing of | 81598 |
| the protest, the board shall promptly fix a time and place for | 81599 |
| hearing the protest and shall mail notice of the time and place to | 81600 |
| the person who filed the petition and to the person who filed the | 81601 |
| protest. At the time and place fixed, the board shall hear the | 81602 |
| protest and determine the validity of the petition. | 81603 |
| Sec. 4301.351. (A) If a petition is for submission of the | 81604 |
| question of whether the sale of intoxicating liquor shall be | 81605 |
| permitted on Sunday, a special election shall be held in the | 81606 |
| precinct at the time fixed as provided in section 4301.33 of the | 81607 |
| Revised Code. The expenses of holding the election shall be | 81608 |
| charged to the municipal corporation or township of which the | 81609 |
| precinct is a part. | 81610 |
| (B) At the election, one or more of the following questions, | 81611 |
| question (B)(1), (B)(2), or (B)(3) as designated in a valid | 81612 |
| petition or question (B)(4) as submitted by the legislative | 81613 |
| authority of a municipal corporation or the board of trustees of a | 81614 |
| township, shall be submitted to the electors of the precinct: | 81615 |
| (1) "Shall the sale of intoxicating liquor, of the same types | 81616 |
| as may be legally sold in this precinct on other days of the week, | 81617 |
| be permitted in this ........ for consumption on the premises | 81618 |
|
where sold, between the hours of
| 81619 |
| on Sunday?" | 81620 |
| (2) "Shall the sale of intoxicating liquor, of the same types | 81621 |
| as may be legally sold in this precinct on other days of the week, | 81622 |
| be permitted in this ........ for consumption on the premises | 81623 |
|
where sold, between the hours of
| 81624 |
| on Sunday, at licensed premises where the sale of food and other | 81625 |
| goods and services exceeds fifty per cent of the total gross | 81626 |
| receipts of the permit holder at the premises?" | 81627 |
| (3) "Shall the sale of wine and mixed beverages, of the same | 81628 |
| types as may be legally sold in this precinct on other days of the | 81629 |
| week, be permitted in this ........ for consumption off the | 81630 |
|
premises where sold, between the hours of
| 81631 |
| midnight on Sunday?" | 81632 |
| (4) "Shall the sale of intoxicating liquor, of the same types | 81633 |
| as may be legally sold in this precinct on other days of the week, | 81634 |
| be permitted in this ....... for consumption on the premises where | 81635 |
| sold, between the hours of one p.m. and midnight on Sunday, at | 81636 |
| outdoor performing arts centers, as defined in section 4303.182 of | 81637 |
| the Revised Code, that have been issued a D-6 permit?" | 81638 |
| Question (B)(4) shall be presented to the electors of a | 81639 |
| precinct in which an outdoor performing arts center is located | 81640 |
| only if the legislative authority of the municipal corporation in | 81641 |
| which, or the board of trustees of the township in which, the | 81642 |
| outdoor performing arts center is located submits, not later than | 81643 |
| four p.m. of the seventy-fifth day before the day of a primary or | 81644 |
|
general election that occurs within two years after | 81645 |
| 81646 | |
| the county in which the precinct is located, a copy of an | 81647 |
| ordinance or resolution requesting the submission of that question | 81648 |
| to the electors of the precinct. An election on question (B)(4) | 81649 |
| may not be sought by a petition under section 4301.33 of the | 81650 |
| Revised Code. | 81651 |
| (C) At the election, one or more of the following questions, | 81652 |
| as designated in a valid petition, shall be submitted to the | 81653 |
| electors of the precinct: | 81654 |
| (1) "Shall the sale of intoxicating liquor, of the same types | 81655 |
| as may be legally sold in this precinct on other days of the week, | 81656 |
| be permitted in this ........ for consumption on the premises | 81657 |
| where sold, between the hours of ten a.m. and midnight on Sunday?" | 81658 |
| (2) "Shall the sale of intoxicating liquor, of the same types | 81659 |
| as may be legally sold in this precinct on other days of the week, | 81660 |
| be permitted in this ........ for consumption on the premises | 81661 |
| where sold, between the hours of ten a.m. and midnight on Sunday, | 81662 |
| at licensed premises where the sale of food and other goods and | 81663 |
| services exceeds fifty per cent of the total gross receipts of the | 81664 |
| permit holder at the premises?" | 81665 |
| (3) "Shall the sale of wine and mixed beverages, of the same | 81666 |
| types as may be legally sold in this precinct on other days of the | 81667 |
| week, be permitted in this ........ for consumption off the | 81668 |
| premises where sold, between the hours of ten a.m. and midnight on | 81669 |
| Sunday?" | 81670 |
| (D) No C or D permit holder who first applied for such a | 81671 |
| permit after April 15, 1982, shall sell beer on Sunday unless the | 81672 |
| sale of intoxicating liquor is authorized in the precinct or | 81673 |
| portion of the precinct at an election on question (B)(1), | 81674 |
| (B)(2), or (B)(3) of this section, on question (C)(1), (C)(2), or | 81675 |
| (C)(3) of this section, on question (B)(1), (B)(2), or (B)(3) of | 81676 |
| section 4301.354 of the Revised Code, on question (C)(1), (C)(2), | 81677 |
| or (C)(3) of section 4301.354 of the Revised Code, or on question | 81678 |
| (B)(2) of section 4301.355 of the Revised Code. No D-6 permit is | 81679 |
| required for the sale of beer on Sunday. | 81680 |
| The board of elections to which the petition is presented | 81681 |
| shall furnish printed ballots at the election in accordance with | 81682 |
| section 3505.06 of the Revised Code, and separate ballots shall be | 81683 |
| used for the special election under this section. One or more of | 81684 |
| the questions prescribed by divisions (B) and (C) of this section, | 81685 |
| as designated in the petition, shall be set forth on each ballot, | 81686 |
| and the board shall insert in each question the name or an | 81687 |
| accurate description of the precinct in which the election is to | 81688 |
| be held. Votes shall be cast as provided in section 3505.06 of the | 81689 |
| Revised Code. | 81690 |
| Sec. 4301.354. (A) If a petition is filed under section | 81691 |
| 4301.332 of the Revised Code for the submission of one or more | 81692 |
| questions set forth in this section, a special election shall be | 81693 |
| held in the precinct as ordered by the board of elections under | 81694 |
| that section. The expense of holding the special election shall be | 81695 |
| charged to the municipal corporation or township of which the | 81696 |
| precinct is a part. | 81697 |
| (B) At the election, one or more of the following questions, | 81698 |
| as designated in a valid petition, shall be submitted to the | 81699 |
| electors of the precinct concerning Sunday sales: | 81700 |
| (1) "Shall the sale of intoxicating liquor be permitted in a | 81701 |
|
portion of this
precinct between the hours of
| 81702 |
| and midnight on Sunday for consumption on the premises where sold, | 81703 |
| where the status of such Sunday sales as allowed or prohibited is | 81704 |
| inconsistent with the status of such Sunday sales in the remainder | 81705 |
| of the precinct?" | 81706 |
| (2) "Shall the sale of intoxicating liquor be permitted in a | 81707 |
|
portion of this precinct
between the hours of
| 81708 |
| and midnight on Sunday for consumption on the premises where sold | 81709 |
| at licensed premises where the sale of food and other goods | 81710 |
| exceeds fifty per cent of the total gross receipts of the permit | 81711 |
| holder at the premises, where the status of such Sunday sales as | 81712 |
| allowed or prohibited is inconsistent with the status of such | 81713 |
| Sunday sales in the remainder of the precinct?" | 81714 |
| (3) "Shall the sale of wine and mixed beverages be permitted | 81715 |
|
in a portion of this precinct
between the hours of
| 81716 |
| a.m. and midnight on Sunday for consumption off the premises where | 81717 |
| sold, where the status of such Sunday sales as allowed or | 81718 |
| prohibited is inconsistent with the status of such Sunday sales in | 81719 |
| the remainder of the precinct?" | 81720 |
| (C) At the election, one or more of the following questions, | 81721 |
| as designated in a valid petition, shall be submitted to the | 81722 |
| electors of the precinct concerning Sunday sales: | 81723 |
| (1) "Shall the sale of intoxicating liquor be permitted in a | 81724 |
| portion of this precinct between the hours of ten a.m. and | 81725 |
| midnight on Sunday for consumption on the premises where sold, | 81726 |
| where the status of such Sunday sales as allowed or prohibited is | 81727 |
| inconsistent with the status of such Sunday sales in the remainder | 81728 |
| of the precinct?" | 81729 |
| (2) "Shall the sale of intoxicating liquor be permitted in a | 81730 |
| portion of this precinct between the hours of ten a.m. and | 81731 |
| midnight on Sunday for consumption on the premises where sold at | 81732 |
| licensed premises where the sale of food and other goods exceeds | 81733 |
| fifty per cent of the total gross receipts of the permit holder at | 81734 |
| the premises, where the status of such Sunday sales as allowed or | 81735 |
| prohibited is inconsistent with the status of such Sunday sales in | 81736 |
| the remainder of the precinct?" | 81737 |
| (3) "Shall the sale of wine and mixed beverages be permitted | 81738 |
| in a portion of this precinct between the hours of ten a.m. and | 81739 |
| midnight on Sunday for consumption off the premises where sold, | 81740 |
| where the status of such Sunday sales as allowed or prohibited is | 81741 |
| inconsistent with the status of such Sunday sales in the remainder | 81742 |
| of the precinct?" | 81743 |
| (D) The board of elections shall furnish printed ballots at | 81744 |
| the special election as provided under section 3505.06 of the | 81745 |
| Revised Code, except that a separate ballot shall be used for the | 81746 |
| special election. The one or more questions set forth in divisions | 81747 |
| (B) and (C) of this section shall be printed on each ballot, and | 81748 |
|
the
board shall insert in the
| 81749 |
| appropriate words to complete each and a description of the | 81750 |
| portion of the precinct that would be affected by the results of | 81751 |
| the election. | 81752 |
| The description of the portion of the precinct shall include | 81753 |
| either the complete listing of street addresses in that portion or | 81754 |
| a condensed text that accurately describes the boundaries of the | 81755 |
| portion of the precinct by street name or by another name | 81756 |
| generally known by the residents of the portion of the precinct. | 81757 |
| If other than a full street listing is used, the full street | 81758 |
| listing also shall be posted in each polling place in a location | 81759 |
| that is easily accessible to all voters. Failure of the board of | 81760 |
| elections to completely and accurately list all street addresses | 81761 |
| in the affected area of the precinct does not affect the validity | 81762 |
| of the election at which the failure occurred and is not grounds | 81763 |
| for contesting an election under section 3515.08 of the Revised | 81764 |
| Code. Votes shall be cast as provided under section 3505.06 of the | 81765 |
| Revised Code. | 81766 |
| Sec. 4301.355. (A) If a petition is filed under section | 81767 |
| 4301.333 of the Revised Code for the submission of the question or | 81768 |
| questions set forth in this section, it shall be held in the | 81769 |
| precinct as ordered by the board of elections under that section. | 81770 |
| The expense of holding the election shall be charged to the | 81771 |
| municipal corporation or township of which the precinct is a part. | 81772 |
| (B) At the election, one or more of the following questions, | 81773 |
| as designated in a valid petition, shall be submitted to the | 81774 |
| electors of the precinct: | 81775 |
| (1) "Shall the sale of .......... (insert beer, wine and | 81776 |
| mixed beverages, or spirituous liquor) be permitted by .......... | 81777 |
| (insert name of applicant, liquor permit holder, or liquor agency | 81778 |
| store, including trade or fictitious name under which applicant | 81779 |
| for, or holder of, liquor permit or liquor agency store either | 81780 |
| intends to do, or does, business at the particular location), an | 81781 |
| .......... (insert "applicant for" or "holder of" or "operator | 81782 |
| of") a .......... (insert class name of liquor permit or permits | 81783 |
| followed by the words "liquor permit(s)" or, if appropriate, the | 81784 |
| words "liquor agency store for the State of Ohio"), who is engaged | 81785 |
| in the business of .......... (insert general nature of the | 81786 |
| business in which applicant or liquor permit holder is engaged or | 81787 |
| will be engaged in at the particular location, as described in the | 81788 |
| petition) at .......... (insert address of the particular location | 81789 |
| within the precinct as set forth in the petition) in this | 81790 |
| precinct?" | 81791 |
| (2) "Shall the sale of .......... (insert beer, wine and | 81792 |
| mixed beverages, or spirituous liquor) be permitted for sale on | 81793 |
| Sunday between the hours of .......... (insert "ten a.m. and | 81794 |
|
midnight" or
" | 81795 |
| (insert name of applicant, liquor permit holder, or liquor agency | 81796 |
| store, including trade or fictitious name under which applicant | 81797 |
| for, or holder of, liquor permit or liquor agency store either | 81798 |
| intends to do, or does, business at the particular location), an | 81799 |
| ...... (insert "applicant for a D-6 liquor permit," "holder of a | 81800 |
| D-6 liquor permit," "applicant for or holder of an A-1-A, A-2, | 81801 |
| A-3a, C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, | 81802 |
| D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, or D-7 | 81803 |
| liquor permit," if only the approval of beer sales is sought, or | 81804 |
| "liquor agency store") who is engaged in the business of | 81805 |
| .......... (insert general nature of the business in which | 81806 |
| applicant or liquor permit holder is engaged or will be engaged | 81807 |
| in at the particular location, as described in the petition) at | 81808 |
| .......... (insert address of the particular location within the | 81809 |
| precinct) in this precinct?" | 81810 |
| (C) The board of elections shall furnish printed ballots at | 81811 |
| the election as provided under section 3505.06 of the Revised | 81812 |
| Code, except that a separate ballot shall be used for the election | 81813 |
| under this section. The question set forth in this section shall | 81814 |
| be printed on each ballot, and the board shall insert in the | 81815 |
| question appropriate words to complete it. Votes shall be cast as | 81816 |
| provided under section 3505.06 of the Revised Code. | 81817 |
| Sec. 4301.356. If a petition is filed under section 4301.334 | 81818 |
| of the Revised Code for the submission of the question set forth | 81819 |
| in this section, an election shall be held in the municipal | 81820 |
| corporation or unincorporated area of a township as ordered by the | 81821 |
| board of elections under that section. | 81822 |
| Except as otherwise provided in this section, if the | 81823 |
| legislative authority of a municipal corporation in whose | 81824 |
| territory, or the board of township trustees of a township in | 81825 |
| whose unincorporated area, a community facility is located | 81826 |
| submits, not later than four p.m. of the seventy-fifth day before | 81827 |
| the day of a primary or general election, to the board of | 81828 |
| elections of the county in which the community facility is located | 81829 |
| an ordinance or resolution requesting the submission of the | 81830 |
| question set forth in this section to the electors of the | 81831 |
| municipal corporation or unincorporated area of the township, the | 81832 |
| board of elections shall order that an election be held on that | 81833 |
| question in the municipal corporation or the unincorporated area | 81834 |
| of the township on the day of the next primary or general | 81835 |
| election, whichever occurs first. The legislative authority or | 81836 |
| board of township trustees shall submit the name and address of | 81837 |
| any permit holder who would be affected by the results of the | 81838 |
| election to the board of elections at the same time it submits the | 81839 |
| ordinance or resolution. The board of elections, within five days | 81840 |
| after receiving the name and address, shall give notice by | 81841 |
| certified mail to each permit holder that it has received the | 81842 |
| ordinance or resolution. Failure of the legislative authority or | 81843 |
| board of township trustees to supply the name and address of each | 81844 |
| permit holder to the board of elections invalidates the effect of | 81845 |
| the ordinance or resolution. | 81846 |
| At the election, the following question shall be submitted to | 81847 |
| the electors of the municipal corporation or unincorporated area | 81848 |
| of a township: | 81849 |
| "Shall the sale of beer and intoxicating liquor be permitted | 81850 |
|
on days of the
week other than Sunday and between the hours of
| 81851 |
| 81852 | |
| on Sunday, at .......... (insert name of community facility), a | 81853 |
| community facility as defined by section 4301.01 of the Revised | 81854 |
| Code, and located at ........ (insert the address of the community | 81855 |
| facility and, if the community facility is a community | 81856 |
| entertainment district, the boundaries of the district, as set | 81857 |
| forth in the petition)?" | 81858 |
| The board of elections shall furnish printed ballots at the | 81859 |
| election as provided under section 3505.06 of the Revised Code, | 81860 |
| except that a separate ballot shall be used for the election under | 81861 |
| this section. The question set forth in this section shall be | 81862 |
| printed on each ballot, and the board shall insert in the question | 81863 |
|
appropriate
words to complete
| 81864 |
| the secretary of state. Votes shall be cast as provided under | 81865 |
| section 3505.06 of the Revised Code. | 81866 |
| Sec. 4301.361. (A) If a majority of the electors voting on | 81867 |
| questions set forth in section 4301.351 of the Revised Code in a | 81868 |
| precinct vote "yes" on question (B)(1) or (C)(1), or, if both | 81869 |
| questions (B)(1) and (B)(2), or questions (C)(1) and (C)(2), are | 81870 |
| submitted, "yes" on both questions or "yes" on question (B)(1) or | 81871 |
| (C)(1) but "no" on question (B)(2) or (C)(2), sales of | 81872 |
| intoxicating liquor shall be allowed on Sunday in the manner and | 81873 |
| under the conditions specified in question (B)(1) or (C)(1), under | 81874 |
| a D-6 permit, within the precinct concerned, during the hours | 81875 |
| specified in division (A) of section 4303.182 of the Revised Code | 81876 |
| and during the period the election is in effect as defined in | 81877 |
| section 4301.37 of the Revised Code. | 81878 |
| (B) If only question (B)(2) or (C)(2) is submitted to the | 81879 |
| voters or if questions (B)(2) and (B)(3) or (C)(2) and (C)(3) are | 81880 |
| submitted and a majority of the electors voting in a precinct vote | 81881 |
| "yes" on question (B)(2) or (C)(2) as set forth in section | 81882 |
| 4301.351 of the Revised Code, sales of intoxicating liquor shall | 81883 |
| be allowed on Sunday in the manner and under the conditions | 81884 |
| specified in question (B)(2) or (C)(2), under a D-6 permit, within | 81885 |
| the precinct concerned, during the hours specified in division (A) | 81886 |
| of section 4303.182 of the Revised Code and during the period the | 81887 |
| election is in effect as defined in section 4301.37 of the Revised | 81888 |
| Code, even if question (B)(1) or (C)(1) was also submitted and a | 81889 |
| majority of the electors voting in the precinct voted "no." | 81890 |
| (C) If question (B)(3) or (C)(3) is submitted and a majority | 81891 |
| of electors voting on question (B)(3) or (C)(3) as set forth in | 81892 |
| section 4301.351 of the Revised Code in a precinct vote "yes," | 81893 |
| sales of wine and mixed beverages shall be allowed on Sunday in | 81894 |
| the manner and under the conditions specified in question (B)(3) | 81895 |
| or (C)(3), under a D-6 permit, within the precinct concerned, | 81896 |
| during the hours specified in division (A) of section 4303.182 of | 81897 |
| the Revised Code and during the period the election is in effect | 81898 |
| as defined in section 4301.37 of the Revised Code. | 81899 |
| (D) If questions (B)(1), (B)(2), and (B)(3), or questions | 81900 |
| (C)(1), (C)(2), and (C)(3), as set forth in section 4301.351 of | 81901 |
| the Revised Code, are all submitted and a majority of the electors | 81902 |
| voting in such precinct vote "no" on all three questions, no sales | 81903 |
| of intoxicating liquor shall be made within the precinct concerned | 81904 |
| after two-thirty a.m. on Sunday as specified in the questions | 81905 |
| submitted, during the period the election is in effect as defined | 81906 |
| in section 4301.37 of the Revised Code. | 81907 |
| (E) If question (C)(1) as set forth in section 4301.351 of | 81908 |
| the Revised Code is submitted to the voters in a precinct in which | 81909 |
| question (B)(1) as set forth in that section previously was | 81910 |
| submitted and approved, and the results of the election on | 81911 |
| question (B)(1) are still in effect in the precinct; or if | 81912 |
| question (C)(2) as set forth in that section is submitted to the | 81913 |
| voters in a precinct in which question (B)(2) as set forth in that | 81914 |
| section previously was submitted and approved, and the results of | 81915 |
| the election on question (B)(2) are still in effect in the | 81916 |
| precinct; or if question (C)(3) as set forth in that section is | 81917 |
| submitted to the voters in a precinct in which question (B)(3) as | 81918 |
| set forth in that section previously was submitted and approved, | 81919 |
| and the results of the election on question (B)(3) are still in | 81920 |
| effect in the precinct; and if a majority of the electors voting | 81921 |
| on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall | 81922 |
| continue to be allowed in the precinct in the manner and under the | 81923 |
| conditions specified in the previously approved question (B)(1), | 81924 |
| (B)(2), or (B)(3), as applicable. | 81925 |
| (F) If question (B)(4) as set forth in section 4301.351 of | 81926 |
| the Revised Code is submitted and a majority of the electors | 81927 |
| voting in the precinct vote "yes," sales of intoxicating liquor | 81928 |
| shall be allowed on Sunday at outdoor performing arts centers in | 81929 |
| the manner and under the conditions specified in question (B)(4) | 81930 |
| under a D-6 permit, within the precinct concerned, during the | 81931 |
| hours specified in division (F) of section 4303.182 of the Revised | 81932 |
| Code and during the period the election is in effect as defined in | 81933 |
| section 4301.37 of the Revised Code. If question (B)(4) as set | 81934 |
| forth in section 4301.351 of the Revised Code is submitted and a | 81935 |
| majority of the electors voting in the precinct vote "no," no | 81936 |
| sales of intoxicating liquor shall be allowed at outdoor | 81937 |
| performing arts centers in the precinct concerned under a D-6 | 81938 |
| permit, after 2:30 a.m. on Sunday, during the period the election | 81939 |
| is in effect as defined in section 4301.37 of the Revised Code. | 81940 |
| Sec. 4301.364. (A) If a majority of the electors in a | 81941 |
| precinct vote "yes" on question (B)(1) or (C)(1) as set forth in | 81942 |
| section 4301.354 of the Revised Code, the sale of intoxicating | 81943 |
| liquor, of the same types as may be legally sold in the precinct | 81944 |
| on other days of the week, shall be permitted on Sunday in the | 81945 |
| portion of the precinct affected by the results of the election | 81946 |
| during the hours specified in division (A) of section 4303.182 of | 81947 |
| the Revised Code and in the manner and under the conditions | 81948 |
| specified in the question, subject only to this chapter and | 81949 |
| Chapter 4303. of the Revised Code. | 81950 |
| (B) If a majority of the electors in a precinct vote "yes" on | 81951 |
| question (B)(2) or (C)(2) as set forth in section 4301.354 of the | 81952 |
| Revised Code, the sale of intoxicating liquor, of the same types | 81953 |
| as may be legally sold in the precinct on other days of the week, | 81954 |
| shall be permitted on Sunday in the portion of the precinct | 81955 |
| affected by the results of the election during the hours specified | 81956 |
| in division (A) of section 4303.182 of the Revised Code and in the | 81957 |
| manner and under the conditions specified in the question, subject | 81958 |
| only to this chapter and Chapter 4303. of the Revised Code. | 81959 |
| (C) If a majority of the electors in a precinct vote "yes" on | 81960 |
| question (B)(3) or (C)(3) as set forth in section 4301.354 of the | 81961 |
| Revised Code, the sale of wine and mixed beverages shall be | 81962 |
| permitted on Sunday in the portion of the precinct affected by the | 81963 |
| results of the election during the hours specified in division (A) | 81964 |
| of section 4303.182 of the Revised Code and in the manner and | 81965 |
| under the conditions specified in the question, subject only to | 81966 |
| this chapter and Chapter 4303. of the Revised Code. | 81967 |
| (D) If a majority of the electors in a precinct vote "no" on | 81968 |
| question (B)(1) or (C)(1) as set forth in section 4301.354 of the | 81969 |
| Revised Code, no sale of intoxicating liquor shall be permitted on | 81970 |
| Sunday in the manner and under the conditions specified in the | 81971 |
| question in the portion of the precinct affected by the results of | 81972 |
| the election. | 81973 |
| (E) If a majority of the electors in a precinct vote "no" on | 81974 |
| question (B)(2) or (C)(2) as set forth in section 4301.354 of the | 81975 |
| Revised Code, no sale of intoxicating liquor shall be permitted on | 81976 |
| Sunday in the manner and under the conditions specified in the | 81977 |
| question in the portion of the precinct affected by the results of | 81978 |
| the election. | 81979 |
| (F) If a majority of the electors in a precinct vote "no" on | 81980 |
| question (B)(3) or (C)(3) as set forth in section 4301.354 of the | 81981 |
| Revised Code, no sale of wine or mixed beverages shall be | 81982 |
| permitted on Sunday in the manner and under the conditions | 81983 |
| specified in the question in the portion of the precinct affected | 81984 |
| by the results of the election. | 81985 |
| (G) If question (C)(1) as set forth in section 4301.354 of | 81986 |
| the Revised Code is submitted to the voters in a precinct in which | 81987 |
| question (B)(1) as set forth in that section previously was | 81988 |
| submitted and approved, and the results of the election on | 81989 |
| question (B)(1) are still in effect in the precinct; or if | 81990 |
| question (C)(2) as set forth in that section is submitted to the | 81991 |
| voters in a precinct in which question (B)(2) as set forth in that | 81992 |
| section previously was submitted and approved, and the results of | 81993 |
| the election on question (B)(2) are still in effect in the | 81994 |
| precinct; or if question (C)(3) as set forth in that section is | 81995 |
| submitted to the voters in a precinct in which question (B)(3) as | 81996 |
| set forth in that section previously was submitted and approved, | 81997 |
| and the results of the election on question (B)(3) are still in | 81998 |
| effect in the precinct; and if a majority of the electors voting | 81999 |
| on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall | 82000 |
| continue to be allowed in the precinct in the manner and under the | 82001 |
| conditions specified in the previously approved question (B)(1), | 82002 |
| (B)(2), or (B)(3), as applicable. | 82003 |
| Sec. 4301.365. (A) If a majority of the electors in a | 82004 |
| precinct vote "yes" on questions (B)(1) and (2) as set forth in | 82005 |
| section 4301.355 of the Revised Code, the sale of beer, wine and | 82006 |
| mixed beverages, or spirituous liquor, whichever was the subject | 82007 |
| of the election, shall be allowed at the particular location and | 82008 |
|
for the use | 82009 |
| questions under each permit applied for by the petitioner or at | 82010 |
| the address listed for the liquor agency store, and, in relation | 82011 |
| to question (B)(2), during the hours on Sunday specified in | 82012 |
| division (A) of section 4303.182 of the Revised Code, subject only | 82013 |
| to this chapter and Chapter 4303. of the Revised Code. Failure to | 82014 |
| continue to use the particular location for any proposed or stated | 82015 |
| use set forth in the petition is grounds for the denial of a | 82016 |
| renewal of the liquor permit under division (A) of section | 82017 |
| 4303.271 of the Revised Code or is grounds for the nonrenewal or | 82018 |
| cancellation of the liquor agency store contract by the division | 82019 |
| of liquor control, except in the case where the liquor permit | 82020 |
| holder or liquor agency store decides to cease the sale of beer, | 82021 |
| wine and mixed beverages, or spirituous liquor, whichever was the | 82022 |
| subject of the election, on Sundays. | 82023 |
| (B) Except as otherwise provided in division (H) of this | 82024 |
| section, if a majority of the electors in a precinct vote "yes" on | 82025 |
| question (B)(1) and "no" on question (B)(2) as set forth in | 82026 |
| section 4301.355 of the Revised Code, the sale of beer, wine and | 82027 |
| mixed beverages, or spirituous liquor, whichever was the subject | 82028 |
| of the election, shall be allowed at the particular location for | 82029 |
| the use specified in question (B)(1) of section 4301.355 of the | 82030 |
| Revised Code and under each permit applied for by the petitioner, | 82031 |
| except for a D-6 permit, subject only to this chapter and Chapter | 82032 |
| 4303. of the Revised Code. | 82033 |
| (C) If a majority of the electors in a precinct vote "no" on | 82034 |
| question (B)(1) as set forth in section 4301.355 of the Revised | 82035 |
| Code, no sales of beer, wine and mixed beverages, or spirituous | 82036 |
| liquor, whichever was the subject of the election, shall be | 82037 |
| allowed at the particular location for the use specified in the | 82038 |
| petition during the period the election is in effect as defined in | 82039 |
| section 4301.37 of the Revised Code. | 82040 |
| (D) If a majority of the electors in a precinct vote only on | 82041 |
| question (B)(2) as set forth in section 4301.355 of the Revised | 82042 |
| Code and that vote results in a majority "yes" vote, sales of | 82043 |
| beer, wine and mixed beverages, or spirituous liquor, whichever | 82044 |
| was the subject of the election, shall be allowed at the | 82045 |
|
particular location for the use
| 82046 |
| the petition on Sunday during the hours specified in division (A) | 82047 |
| of section 4303.182 of the Revised Code and during the period the | 82048 |
| election is in effect as defined in section 4301.37 of the Revised | 82049 |
| Code. | 82050 |
| (E) Except as otherwise provided in division (H) of this | 82051 |
| section, if a majority of the electors in a precinct vote only on | 82052 |
| question (B)(2) as set forth in section 4301.355 of the Revised | 82053 |
| Code and that vote results in a majority "no" vote, no sales of | 82054 |
| beer, wine and mixed beverages, or spirituous liquor, whichever | 82055 |
| was the subject of the election, shall be allowed at the | 82056 |
| particular location for the use and during the hours specified in | 82057 |
| the petition on Sunday during the period the election is in effect | 82058 |
| as defined in section 4301.37 of the Revised Code. | 82059 |
| (F) In case of elections in the same precinct for the | 82060 |
| question or questions set forth in section 4301.355 of the Revised | 82061 |
| Code and for a question or questions set forth in section 4301.35, | 82062 |
| 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised | 82063 |
| Code, the results of the election held on the question or | 82064 |
| questions set forth in section 4301.355 of the Revised Code shall | 82065 |
| apply to the particular location notwithstanding the results of | 82066 |
| the election held on the question or questions set forth in | 82067 |
| section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 | 82068 |
| of the Revised Code. | 82069 |
| (G) Sections 4301.32 to 4301.41 of the Revised Code do not | 82070 |
| prohibit the transfer of ownership of a permit that was issued to | 82071 |
| a particular location as the result of an election held on sales | 82072 |
| of beer, wine and mixed beverages, spirituous liquor, or | 82073 |
| intoxicating liquor at that particular location as long as the | 82074 |
| general nature of the business at that particular location | 82075 |
| described in the petition for that election remains the same after | 82076 |
| the transfer. | 82077 |
| (H) If question (B)(2) as set forth in section 4301.355 of | 82078 |
| the Revised Code is submitted to the electors of a precinct | 82079 |
| proposing to authorize the sale of beer, wine and mixed beverages, | 82080 |
| or spirituous liquor between the hours of ten a.m. and midnight at | 82081 |
| a particular location at which the sale of beer, wine and mixed | 82082 |
| beverages, spirituous liquor, or intoxicating liquor is already | 82083 |
| allowed between the hours of eleven a.m. and midnight or one p.m. | 82084 |
| and midnight and the question submitted is defeated, the sale of | 82085 |
| beer, wine and mixed beverages, spirituous liquor, or intoxicating | 82086 |
| liquor between the hours of eleven a.m. and midnight or one p.m. | 82087 |
| and midnight, as applicable, shall continue at that particular | 82088 |
| location. | 82089 |
| Sec. 4301.366. If a majority of the electors voting on the | 82090 |
| question specified in section 4301.356 of the Revised Code vote | 82091 |
| "yes," the sale of beer and intoxicating liquor shall be allowed | 82092 |
|
at the community facility | 82093 |
| Sunday and during the hours on Sunday specified in division (A) of | 82094 |
| section 4303.182 of the Revised Code, for the use specified in the | 82095 |
| question, subject only to this chapter and Chapter 4303. of the | 82096 |
| Revised Code. Failure to continue to use the location as a | 82097 |
| community facility constitutes good cause for rejection of the | 82098 |
| renewal of the liquor permit under division (A) of section | 82099 |
| 4303.271 of the Revised Code. | 82100 |
| If a majority of the electors voting on the question | 82101 |
| specified in section 4301.356 of the Revised Code vote "no," no | 82102 |
| sales of beer or intoxicating liquor shall be made at or within | 82103 |
| the community facility during the period the election is in effect | 82104 |
| as defined in section 4301.37 of the Revised Code. | 82105 |
| Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of | 82106 |
| the Revised Code: | 82107 |
| (1) "Gallon" or "wine gallon" means one hundred twenty-eight | 82108 |
| fluid ounces. | 82109 |
| (2) "Sale" or "sell" includes exchange, barter, gift, | 82110 |
| distribution, and, except with respect to A-4 permit holders, | 82111 |
| offer for sale. | 82112 |
| (B) For the purposes of providing revenues for the support of | 82113 |
| the state and encouraging the grape industries in the state, a tax | 82114 |
| is hereby levied on the sale or distribution of wine in Ohio, | 82115 |
| except for known sacramental purposes, at the rate of thirty cents | 82116 |
| per wine gallon for wine containing not less than four per cent of | 82117 |
| alcohol by volume and not more than fourteen per cent of alcohol | 82118 |
| by volume, ninety-eight cents per wine gallon for wine containing | 82119 |
| more than fourteen per cent but not more than twenty-one per cent | 82120 |
| of alcohol by volume, one dollar and eight cents per wine gallon | 82121 |
| for vermouth, and one dollar and forty-eight cents per wine gallon | 82122 |
| for sparkling and carbonated wine and champagne, the tax to be | 82123 |
| paid by the holders of A-2 and B-5 permits or by any other person | 82124 |
| selling or distributing wine upon which no tax has been paid. From | 82125 |
| the tax paid under this section on wine, vermouth, and sparkling | 82126 |
| and carbonated wine and champagne, the treasurer of state shall | 82127 |
| credit to the Ohio grape industries fund created under section | 82128 |
| 924.54 of the Revised Code a sum equal to one cent per gallon for | 82129 |
| each gallon upon which the tax is paid. | 82130 |
| (C) For the purpose of providing revenues for the support of | 82131 |
| the state, there is hereby levied a tax on prepared and bottled | 82132 |
| highballs, cocktails, cordials, and other mixed beverages at the | 82133 |
| rate of one dollar and twenty cents per wine gallon to be paid by | 82134 |
| holders of A-4 permits or by any other person selling or | 82135 |
| distributing those products upon which no tax has been paid. Only | 82136 |
| one sale of the same article shall be used in computing the amount | 82137 |
| of tax due. The tax on mixed beverages to be paid by holders of | 82138 |
| A-4 permits under this section shall not attach until the | 82139 |
| ownership of the mixed beverage is transferred for valuable | 82140 |
| consideration to a wholesaler or retailer, and no payment of the | 82141 |
| tax shall be required prior to that time. | 82142 |
| (D) During the period
of July 1,
| 82143 |
| 82144 | |
| and sparkling and carbonated wine and champagne, the treasurer of | 82145 |
| state shall credit to the Ohio grape industries fund created under | 82146 |
| section 924.54 of the Revised Code a sum equal to two cents per | 82147 |
| gallon upon which the tax is paid. The amount credited under this | 82148 |
| division is in addition to the amount credited to the Ohio grape | 82149 |
| industries fund under division (B) of this section. | 82150 |
| (E) For the purpose of providing revenues for the support of | 82151 |
| the state, there is hereby levied a tax on cider at the rate of | 82152 |
| twenty-four cents per wine gallon to be paid by the holders of A-2 | 82153 |
| and B-5 permits or by any other person selling or distributing | 82154 |
| cider upon which no tax has been paid. Only one sale of the same | 82155 |
| article shall be used in computing the amount of the tax due. | 82156 |
| Sec. 4303.182. (A) Except as otherwise provided in divisions | 82157 |
| (B) to (J) of this section, permit D-6 shall be issued to the | 82158 |
| holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a, | 82159 |
| D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, | 82160 |
| D-5k, D-5l, D-5m, or D-7 permit to allow sale under that permit | 82161 |
| 82162 |
| (1) Between
the
hours
of
ten
a.m. and midnight | 82163 |
| on Sunday if sale during those hours has been approved under | 82164 |
| question (C)(1), (2), or (3) of section 4301.351 or 4301.354 of | 82165 |
| the Revised Code, under question (B)(2) of section 4301.355 of | 82166 |
| the Revised Code, or under section 4301.356 of the Revised Code | 82167 |
| and has been authorized under section 4301.361, 4301.364, | 82168 |
| 4301.365, or 4301.366 of the Revised Code, under the restrictions | 82169 |
| of that authorization; | 82170 |
| (2) Between the hours
of
| 82171 |
|
on Sunday | 82172 |
| approved on or after the effective date of this amendment under | 82173 |
| question (B)(1), (2), or (3) of section 4301.351 or 4301.354 of | 82174 |
| the Revised Code, under question (B)(2) of section 4301.355 of the | 82175 |
| Revised Code, or under section 4301.356 of the Revised Code and | 82176 |
| has been authorized under section 4301.361, 4301.364, 4301.365, or | 82177 |
|
4301.366
of the Revised
Code | 82178 |
| authorization; | 82179 |
| (3) Between the hours of eleven a.m. and midnight on Sunday | 82180 |
| if sale between the hours of one p.m. and midnight was approved | 82181 |
| before the effective date of this amendment under question (B)(1), | 82182 |
| (2), or (3) of section 4301.351 or 4301.354 of the Revised Code, | 82183 |
| under question (B)(2) of section 4301.355 of the Revised Code, or | 82184 |
| under section 4301.356 of the Revised Code and has been authorized | 82185 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 82186 |
| Revised Code, under the other restrictions of that authorization. | 82187 |
| (B) Permit D-6 shall be issued to the holder of any permit, | 82188 |
| including a D-4a and D-5d permit, authorizing the sale of | 82189 |
| intoxicating liquor issued for a premises located at any publicly | 82190 |
| owned airport, as defined in section 4563.01 of the Revised Code, | 82191 |
| at which commercial airline companies operate regularly scheduled | 82192 |
| flights on which space is available to the public, to allow sale | 82193 |
| under such permit between the hours of ten a.m. and midnight on | 82194 |
| Sunday, whether or not that sale has been authorized under section | 82195 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 82196 |
| (C) Permit D-6 shall be issued to the holder of a D-5a | 82197 |
| permit, and to the holder of a D-3 or D-3a permit who is the owner | 82198 |
| or operator of a hotel or motel that is required to be licensed | 82199 |
| under section 3731.03 of the Revised Code, that contains at least | 82200 |
| fifty rooms for registered transient guests, and that has on its | 82201 |
| premises a retail food establishment or a food service operation | 82202 |
| licensed pursuant to Chapter 3717. of the Revised Code that | 82203 |
| operates as a restaurant for purposes of this chapter and is | 82204 |
| affiliated with the hotel or motel and within or contiguous to the | 82205 |
| hotel or motel and serving food within the hotel or motel, to | 82206 |
| allow sale under such permit between the hours of ten a.m. and | 82207 |
| midnight on Sunday, whether or not that sale has been authorized | 82208 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 82209 |
| Revised Code. | 82210 |
| (D) The holder of a D-6 permit that is issued to a sports | 82211 |
| facility may make sales under the permit between the hours of | 82212 |
| eleven a.m. and midnight on any Sunday on which a professional | 82213 |
| baseball, basketball, football, hockey, or soccer game is being | 82214 |
| played at the sports facility. As used in this division, "sports | 82215 |
| facility" means a stadium or arena that has a seating capacity of | 82216 |
| at least four thousand and that is owned or leased by a | 82217 |
| professional baseball, basketball, football, hockey, or soccer | 82218 |
| franchise or any combination of those franchises. | 82219 |
| (E) Permit D-6 shall be issued to the holder of any permit | 82220 |
| that authorizes the sale of beer or intoxicating liquor and that | 82221 |
| is issued to a premises located in or at the Ohio historical | 82222 |
| society area or the state fairgrounds, as defined in division (B) | 82223 |
| of section 4301.40 of the Revised Code, to allow sale under that | 82224 |
| permit between the hours of ten a.m. and midnight on Sunday, | 82225 |
| whether or not that sale has been authorized under section | 82226 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 82227 |
| (F) Permit D-6 shall be issued to the holder of any permit | 82228 |
| that authorizes the sale of intoxicating liquor and that is issued | 82229 |
| to an outdoor performing arts center to allow sale under that | 82230 |
| permit between the hours of one p.m. and midnight on Sunday, | 82231 |
| whether or not that sale has been authorized under section | 82232 |
| 4301.361 of the Revised Code. A D-6 permit issued under this | 82233 |
| division is subject to the results of an election, held after the | 82234 |
| D-6 permit is issued, on question (B)(4) as set forth in section | 82235 |
| 4301.351 of the Revised Code. Following the end of the period | 82236 |
| during which an election may be held on question (B)(4) as set | 82237 |
| forth in that section, sales of intoxicating liquor may continue | 82238 |
| at an outdoor performing arts center under a D-6 permit issued | 82239 |
| under this division, unless an election on that question is held | 82240 |
| during the permitted period and a majority of the voters voting in | 82241 |
| the precinct on that question vote "no." | 82242 |
| As used in this division, "outdoor performing arts center" | 82243 |
| means an outdoor performing arts center that is located on not | 82244 |
| less than eight hundred acres of land and that is open for | 82245 |
| performances from the first day of April to the last day of | 82246 |
| October of each year. | 82247 |
| (G) Permit D-6 shall be issued to the holder of any permit | 82248 |
| that authorizes the sale of beer or intoxicating liquor and that | 82249 |
| is issued to a golf course owned by the state, a conservancy | 82250 |
| district, a park district created under Chapter 1545. of the | 82251 |
| Revised Code, or another political subdivision to allow sale under | 82252 |
| that permit between the hours of ten a.m. and midnight on Sunday, | 82253 |
| whether or not that sale has been authorized under section | 82254 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 82255 |
| (H) Permit D-6 shall be issued to the holder of a D-5g permit | 82256 |
| to allow sale under that permit between the hours of ten a.m. and | 82257 |
| midnight on Sunday, whether or not that sale has been authorized | 82258 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 82259 |
| Revised Code. | 82260 |
| (I) Permit D-6 shall be issued to the holder of any D permit | 82261 |
| for a premises that is licensed under Chapter 3717. of the Revised | 82262 |
| Code and that is located at a ski area to allow sale under the D-6 | 82263 |
| permit between the hours of ten a.m. and midnight on Sunday, | 82264 |
| whether or not that sale has been authorized under section | 82265 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 82266 |
| As used in this division, "ski area" means a ski area as | 82267 |
| defined in section 4169.01 of the Revised Code, provided that the | 82268 |
| passenger tramway operator at that area is registered under | 82269 |
| section 4169.03 of the Revised Code. | 82270 |
| (J) Permit D-6 shall be issued to the holder of a D-5j permit | 82271 |
| for a permit premises that is located in a community entertainment | 82272 |
| district, as defined in section 4301.80 of the Revised Code, that | 82273 |
| was approved by the legislative authority of a municipal | 82274 |
| corporation under that section between October 1 and October 15, | 82275 |
| 2005, to allow sale under the permit between the hours of ten a.m. | 82276 |
| and midnight on Sunday, whether or not that sale has been | 82277 |
| authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 | 82278 |
| of the Revised Code. | 82279 |
| (K) If the restriction to licensed premises where the sale of | 82280 |
| food and other goods and services exceeds fifty per cent of the | 82281 |
| total gross receipts of the permit holder at the premises is | 82282 |
| applicable, the division of liquor control may accept an affidavit | 82283 |
| from the permit holder to show the proportion of the permit | 82284 |
| holder's gross receipts derived from the sale of food and other | 82285 |
| goods and services. If the liquor control commission determines | 82286 |
| that affidavit to have been false, it shall revoke the permits of | 82287 |
| the permit holder at the premises concerned. | 82288 |
| (L) The fee for the D-6 permit is five hundred dollars when | 82289 |
| it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a, | 82290 |
| D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, | 82291 |
| D-5i, D-5j, D-5k, D-5l, D-5m, or D-7 permit. The fee for the D-6 | 82292 |
| permit is four hundred dollars when it is issued to the holder | 82293 |
| of a C-2 permit. | 82294 |
| Sec. 4303.331. No permit holder shall purchase and import | 82295 |
| into this state any beer from any manufacturer, bottler, importer, | 82296 |
| wholesale dealer, or broker outside this state and within the | 82297 |
| United States unless and until such manufacturer, bottler, | 82298 |
| importer, wholesale dealer, or broker registers with the tax | 82299 |
| commissioner and supplies such information as the commissioner may | 82300 |
| require. | 82301 |
| The commissioner may, by rule, require any registrant to file | 82302 |
| with the commissioner a bond payable to the state in such form and | 82303 |
| amount as the commissioner prescribes with surety to the | 82304 |
| satisfaction of the tax commissioner conditioned upon the making | 82305 |
| of the report to be made to the tax commissioner and the payment | 82306 |
| to the tax commissioner of taxes levied by sections 4301.42 and | 82307 |
| 4305.01 of the Revised Code, all as provided in section 4303.33 of | 82308 |
| the Revised Code. | 82309 |
| Any such manufacturer, bottler, importer, wholesale dealer, | 82310 |
| or broker shall, as a part of such registration, make the | 82311 |
| secretary of state its agent for the service of process or notice | 82312 |
| of any assessment, action, or proceedings instituted in the state | 82313 |
| against such person under sections 4303.33, 4301.42, and 4305.01 | 82314 |
| of the Revised Code. | 82315 |
| Such process or notice shall be
served | 82316 |
| 82317 | |
| 82318 | |
| 82319 | |
| 82320 | |
| 82321 | |
| 82322 | |
| 82323 | |
| 82324 | |
| 82325 | |
| 82326 | |
| accordance with section 5703.37 of the Revised Code. | 82327 |
| Any B-1 permit holder who purchases beer from any | 82328 |
| manufacturer, bottler, importer, wholesale dealer, or broker | 82329 |
| outside this state and within the United States who has not | 82330 |
| registered with the tax commissioner and filed a bond as provided | 82331 |
| in this section shall be liable for any tax due on any beer | 82332 |
| purchased from such unregistered manufacturer, bottler, importer, | 82333 |
| wholesale dealer, or broker and shall be subject to any penalties | 82334 |
| provided in Chapters 4301., 4303., 4305., and 4307. of the Revised | 82335 |
| Code. | 82336 |
| Any B-1 permit holder who purchases beer from any | 82337 |
| manufacturer, bottler, importer, wholesale dealer, or broker | 82338 |
| outside this state and within the United States who has complied | 82339 |
| with this section shall not be liable for any tax due to the state | 82340 |
| on any beer purchased from any such manufacturer, bottler, | 82341 |
| importer, wholesale dealer, or broker. | 82342 |
| All money collected by the tax commissioner under this | 82343 |
| section shall be paid to the treasurer of state as revenue arising | 82344 |
| from the taxes levied by sections 4301.42, 4301.43, 4301.432, and | 82345 |
| 4305.01 of the Revised Code. | 82346 |
| Sec. 4501.06. The taxes, fees, and fines levied, charged, or | 82347 |
| referred to in division (O) of section 4503.04, division (E) of | 82348 |
| section 4503.042, division (B) of section 4503.07, division | 82349 |
| (C)(1) of section 4503.10, division (D) of section 4503.182, | 82350 |
| division (A) of section 4503.19, division (D)(2) of section | 82351 |
| 4507.24, division (A) of section 4508.06, and sections 4503.40, | 82352 |
| 4503.42, 4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05, | 82353 |
| 4923.12, and 5502.12 of the Revised Code, and the taxes charged | 82354 |
| in section 4503.65 that are distributed in accordance with | 82355 |
| division (A)(2) of section 4501.044 of the Revised Code unless | 82356 |
| otherwise designated by law, shall be deposited in the state | 82357 |
| treasury to the credit of the state highway safety fund, which | 82358 |
| is hereby created, and shall, after receipt of certifications | 82359 |
| from the commissioners of the sinking fund certifying, as | 82360 |
| required by sections 5528.15 and 5528.35 of the Revised Code, | 82361 |
| that there are sufficient moneys to the credit of the highway | 82362 |
| improvement bond retirement fund created by section 5528.12 of | 82363 |
| the Revised Code to meet in full all payments of interest, | 82364 |
| principal, and charges for the retirement of bonds and other | 82365 |
| obligations issued pursuant to Section 2g of Article VIII, Ohio | 82366 |
| Constitution, and sections 5528.10 and 5528.11 of the Revised | 82367 |
| Code due and payable during the current calendar year, and that | 82368 |
| there are sufficient moneys to the credit of the highway | 82369 |
| obligations bond retirement fund created by section 5528.32 of | 82370 |
| the Revised Code to meet in full all payments of interest, | 82371 |
| principal, and charges for the retirement of highway obligations | 82372 |
| issued pursuant to Section 2i of Article VIII, Ohio | 82373 |
| Constitution, and sections 5528.30 and 5528.31 of the Revised | 82374 |
| Code due and payable during the current calendar year, be used | 82375 |
| for the purpose of enforcing and paying the expenses of | 82376 |
| administering the law relative to the registration and operation | 82377 |
| of motor vehicles on the public roads or highways. Amounts | 82378 |
| credited to the fund may also be used to pay the expenses of | 82379 |
| administering and enforcing the laws under which such fees were | 82380 |
| collected. All investment earnings of the state highway safety | 82381 |
| fund shall be credited to the fund. | 82382 |
| Sec. 4501.24. There is hereby created in the state treasury | 82383 |
| the scenic rivers protection fund. The fund shall consist of the | 82384 |
| contributions not to exceed forty dollars that are paid to the | 82385 |
| registrar of motor vehicles by applicants who voluntarily choose | 82386 |
| to obtain scenic rivers license plates pursuant to section 4503.56 | 82387 |
| of the Revised Code. | 82388 |
| The contributions deposited in the fund shall be used by the | 82389 |
| department of natural resources to help finance wild, scenic, and | 82390 |
|
recreational river areas conservation, education, | 82391 |
|
corridor protection | 82392 |
|
enhancement | 82393 |
| areas. The chief of the division of watercraft in the department | 82394 |
| may expend money in the fund for the acquisition of wild, scenic, | 82395 |
| and recreational river areas, for the maintenance, protection, and | 82396 |
| administration of such areas, and for construction of facilities | 82397 |
| within those areas. All investment earnings of the fund shall be | 82398 |
| credited to the fund. | 82399 |
| As used in this section, "wild river areas," "scenic river | 82400 |
| areas," and "recreational river areas" have the same meanings as | 82401 |
| in section 1547.01 of the Revised Code. | 82402 |
| Sec. 4501.243. There is hereby created in the state | 82403 |
| treasury the Ohio nature preserves fund. The fund shall consist | 82404 |
| of the contributions that are paid to the registrar of motor | 82405 |
| vehicles by applicants who obtain Ohio nature preserves license | 82406 |
| plates pursuant to section 4503.563 of the Revised Code. All | 82407 |
| investment earnings of the fund shall be credited to the fund. | 82408 |
| The department of natural resources shall use the money in | 82409 |
| the fund to help finance nature preserve education, nature | 82410 |
| preserve clean-up projects, and nature preserve maintenance, | 82411 |
| protection, and restoration. | 82412 |
| Sec. 4501.29. The department of administrative services shall | 82413 |
| collect user fees from participants in the multi-agency radio | 82414 |
| communications system (MARCS). The director of administrative | 82415 |
| services, with the advice of the MARCS steering committee and the | 82416 |
| consent of the director of budget and management, shall determine | 82417 |
| the amount of the user fees and the manner by which the fees shall | 82418 |
| be collected. All moneys from user fees shall be deposited in the | 82419 |
| MARCS administration fund, which is hereby created in the state | 82420 |
| treasury. All investment earnings on moneys in the fund shall be | 82421 |
| credited to the fund. | 82422 |
| Sec. 4503.068. On or before the second Monday in September | 82423 |
| of each year, the county treasurer shall total the amount by which | 82424 |
| the manufactured home taxes levied in that year were reduced | 82425 |
| pursuant to section 4503.065 of the Revised Code, and certify | 82426 |
| that amount to the tax commissioner. Within ninety days of the | 82427 |
|
receipt of the
certification, the commissioner shall | 82428 |
| 82429 | |
| 82430 | |
| 82431 | |
| 82432 | |
| 82433 | |
| payment to the county treasurer, from the general revenue fund, | 82434 |
| of the amount certified, which shall be credited upon receipt to | 82435 |
| the county's undivided income tax fund, and an amount equal to | 82436 |
| two per cent of the amount by which taxes were reduced, which | 82437 |
| shall be credited upon receipt to the county general fund as a | 82438 |
| payment, in addition to the fees and charges authorized by | 82439 |
| sections 319.54 and 321.26 of the Revised Code, to the county | 82440 |
| auditor and county treasurer for the costs of administering | 82441 |
| sections 4503.064 to 4503.069 of the Revised Code. | 82442 |
| Immediately upon receipt of | 82443 |
| 82444 | |
| 82445 | |
| this section, the county auditor shall distribute the full amount | 82446 |
| thereof among the taxing districts in the county as though it had | 82447 |
| been received as taxes under section 4503.06 of the Revised Code | 82448 |
| from each person for whom taxes were reduced under section | 82449 |
| 4503.065 of the Revised Code. | 82450 |
| Sec. 4503.10. (A) The owner of every snowmobile, off-highway | 82451 |
| motorcycle, and all-purpose vehicle required to be registered | 82452 |
| under section 4519.02 of the Revised Code shall file an | 82453 |
| application for registration under section 4519.03 of the Revised | 82454 |
| Code. The owner of a motor vehicle, other than a snowmobile, | 82455 |
| off-highway motorcycle, or all-purpose vehicle, that is not | 82456 |
| designed and constructed by the manufacturer for operation on a | 82457 |
| street or highway may not register it under this chapter except | 82458 |
| upon certification of inspection pursuant to section 4513.02 of | 82459 |
| the Revised Code by the sheriff, or the chief of police of the | 82460 |
| municipal corporation or township, with jurisdiction over the | 82461 |
| political subdivision in which the owner of the motor vehicle | 82462 |
| resides. Except as provided in section 4503.103 of the Revised | 82463 |
| Code, every owner of every other motor vehicle not previously | 82464 |
| described in this section and every person mentioned as owner in | 82465 |
| the last certificate of title of a motor vehicle that is operated | 82466 |
| or driven upon the public roads or highways shall cause to be | 82467 |
| filed each year, by mail or otherwise, in the office of the | 82468 |
| registrar of motor vehicles or a deputy registrar, a written or | 82469 |
| electronic application or a preprinted registration renewal notice | 82470 |
| issued under section 4503.102 of the Revised Code, the form of | 82471 |
| which shall be prescribed by the registrar, for registration for | 82472 |
| the following registration year, which shall begin on the first | 82473 |
| day of January of every calendar year and end on the thirty-first | 82474 |
| day of December in the same year. Applications for registration | 82475 |
| and registration renewal notices shall be filed at the times | 82476 |
| established by the registrar pursuant to section 4503.101 of the | 82477 |
| Revised Code. A motor vehicle owner also may elect to apply for or | 82478 |
| renew a motor vehicle registration by electronic means using | 82479 |
| electronic signature in accordance with rules adopted by the | 82480 |
| registrar. Except as provided in division (J) of this section, | 82481 |
| applications for registration shall be made on blanks furnished by | 82482 |
| the registrar for that purpose, containing the following | 82483 |
| information: | 82484 |
| (1) A brief description of the motor vehicle to be | 82485 |
| registered, including the year, make, model, and vehicle | 82486 |
| identification number, and, in the case of commercial cars, the | 82487 |
| gross weight of the vehicle fully equipped computed in the manner | 82488 |
| prescribed in section 4503.08 of the Revised Code; | 82489 |
| (2) The name and residence address of the owner, and the | 82490 |
| township and municipal corporation in which the owner resides; | 82491 |
| (3) The district of registration, which shall be determined | 82492 |
| as follows: | 82493 |
| (a) In case the motor vehicle to be registered is used for | 82494 |
| hire or principally in connection with any established business or | 82495 |
| branch business, conducted at a particular place, the district of | 82496 |
| registration is the municipal corporation in which that place is | 82497 |
| located or, if not located in any municipal corporation, the | 82498 |
| county and township in which that place is located. | 82499 |
| (b) In case the vehicle is not so used, the district of | 82500 |
| registration is the municipal corporation or county in which the | 82501 |
| owner resides at the time of making the application. | 82502 |
| (4) Whether the motor vehicle is a new or used motor vehicle; | 82503 |
| (5) The date of purchase of the motor vehicle; | 82504 |
| (6) Whether the fees required to be paid for the registration | 82505 |
| or transfer of the motor vehicle, during the preceding | 82506 |
| registration year and during the preceding period of the current | 82507 |
| registration year, have been paid. Each application for | 82508 |
| registration shall be signed by the owner, either manually or by | 82509 |
| electronic signature, or pursuant to obtaining a limited power of | 82510 |
| attorney authorized by the registrar for registration, or other | 82511 |
| document authorizing such signature. If the owner elects to apply | 82512 |
| for or renew the motor vehicle registration with the registrar by | 82513 |
| electronic means, the owner's manual signature is not required. | 82514 |
| (7) The owner's social security number, driver's license | 82515 |
| number, or state identification number, or, where a motor vehicle | 82516 |
| to be registered is used for hire or principally in connection | 82517 |
| with any established business, the owner's federal taxpayer | 82518 |
| identification number. The bureau of motor vehicles shall retain | 82519 |
| in its records all social security numbers provided under this | 82520 |
| section, but the bureau shall not place social security numbers on | 82521 |
| motor vehicle certificates of registration. | 82522 |
| (B) Except as otherwise provided in this division, each time | 82523 |
| an applicant first registers a motor vehicle in the applicant's | 82524 |
| name, the applicant shall present for inspection a physical | 82525 |
| certificate of title or memorandum certificate showing title to | 82526 |
| the motor vehicle to be registered in the name of the applicant if | 82527 |
| a physical certificate of title or memorandum certificate has | 82528 |
| been issued by a clerk of a court of common pleas. If, under | 82529 |
| sections 4505.021, 4505.06, and 4505.08 of the Revised Code, a | 82530 |
| clerk instead has issued an electronic certificate of title for | 82531 |
| the applicant's motor vehicle, that certificate may be presented | 82532 |
| for inspection at the time of first registration in a manner | 82533 |
| prescribed by rules adopted by the registrar. An applicant is not | 82534 |
| required to present a certificate of title to an electronic motor | 82535 |
| vehicle dealer acting as a limited authority deputy registrar in | 82536 |
| accordance with rules adopted by the registrar. When a motor | 82537 |
| vehicle inspection and maintenance program is in effect under | 82538 |
| section 3704.14 of the Revised Code and rules adopted under it, | 82539 |
| each application for registration for a vehicle required to be | 82540 |
| inspected under that section and those rules shall be accompanied | 82541 |
| by an inspection certificate for the motor vehicle issued in | 82542 |
| accordance with that section. The application shall be refused if | 82543 |
| any of the following applies: | 82544 |
| (1) The application is not in proper form. | 82545 |
| (2) The application is prohibited from being accepted by | 82546 |
| division (D) of section 2935.27, division (A) of section 2937.221, | 82547 |
| division (A) of section 4503.13, division (B) of section 4510.22, | 82548 |
| or division (B)(1) of section 4521.10 of the Revised Code. | 82549 |
| (3) A certificate of title or memorandum certificate of title | 82550 |
| is required but does not accompany the application or, in the case | 82551 |
| of an electronic certificate of title, is required but is not | 82552 |
| presented in a manner prescribed by the registrar's rules. | 82553 |
| (4) All registration and transfer fees for the motor vehicle, | 82554 |
| for the preceding year or the preceding period of the current | 82555 |
| registration year, have not been paid. | 82556 |
| (5) The owner or lessee does not have an inspection | 82557 |
| certificate for the motor vehicle as provided in section 3704.14 | 82558 |
| of the Revised Code, and rules adopted under it, if that section | 82559 |
| is applicable. | 82560 |
| This section does not require the payment of license or | 82561 |
| registration taxes on a motor vehicle for any preceding year, or | 82562 |
| for any preceding period of a year, if the motor vehicle was not | 82563 |
| taxable for that preceding year or period under sections 4503.02, | 82564 |
| 4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 82565 |
| Revised Code. When a certificate of registration is issued upon | 82566 |
| the first registration of a motor vehicle by or on behalf of the | 82567 |
| owner, the official issuing the certificate shall indicate the | 82568 |
| issuance with a stamp on the certificate of title or memorandum | 82569 |
| certificate or, in the case of an electronic certificate of title, | 82570 |
| an electronic stamp or other notation as specified in rules | 82571 |
| adopted by the registrar, and with a stamp on the inspection | 82572 |
| certificate for the motor vehicle, if any. The official also shall | 82573 |
| indicate, by a stamp or by other means the registrar prescribes, | 82574 |
| on the registration certificate issued upon the first registration | 82575 |
| of a motor vehicle by or on behalf of the owner the odometer | 82576 |
| reading of the motor vehicle as shown in the odometer statement | 82577 |
| included in or attached to the certificate of title. Upon each | 82578 |
| subsequent registration of the motor vehicle by or on behalf of | 82579 |
| the same owner, the official also shall so indicate the odometer | 82580 |
| reading of the motor vehicle as shown on the immediately preceding | 82581 |
| certificate of registration. | 82582 |
| The registrar shall include in the permanent registration | 82583 |
| record of any vehicle required to be inspected under section | 82584 |
| 3704.14 of the Revised Code the inspection certificate number from | 82585 |
| the inspection certificate that is presented at the time of | 82586 |
| registration of the vehicle as required under this division. | 82587 |
| (C)(1) Except as otherwise provided in division (C)(1) of | 82588 |
| this section, for each registration renewal with an expiration | 82589 |
| date on or after October 1, 2003, and for each initial | 82590 |
| application for registration received on and after that date, | 82591 |
| the registrar and each deputy registrar shall collect an | 82592 |
| additional fee of eleven dollars for each application for | 82593 |
| registration and registration renewal received. For vehicles | 82594 |
| specified in divisions (A)(1) to (21) of section 4503.042 of the | 82595 |
| Revised Code, commencing with each registration renewal with an | 82596 |
| expiration date on or after October 1, 2009, and for each | 82597 |
| initial application received on or after that date, the registrar | 82598 |
| and deputy registrar shall collect an additional fee of thirty | 82599 |
| dollars for each application for registration and registration | 82600 |
| renewal received. The additional fee is for the purpose of | 82601 |
| defraying the department of public safety's costs associated with | 82602 |
| the administration and enforcement of the motor vehicle and | 82603 |
| traffic laws of Ohio. Each deputy registrar shall transmit the | 82604 |
| fees collected under division (C)(1) of this section in the time | 82605 |
| and manner provided in this section. The registrar shall deposit | 82606 |
| all moneys received under division (C)(1) of this section into | 82607 |
| the state highway safety fund established in section 4501.06 of | 82608 |
| the Revised Code. | 82609 |
| (2) In addition, a charge of twenty-five cents shall be made | 82610 |
| for each reflectorized safety license plate issued, and a single | 82611 |
| charge of twenty-five cents shall be made for each county | 82612 |
| identification sticker or each set of county identification | 82613 |
| stickers issued, as the case may be, to cover the cost of | 82614 |
| producing the license plates and stickers, including material, | 82615 |
| manufacturing, and administrative costs. Those fees shall be in | 82616 |
| addition to the license tax. If the total cost of producing the | 82617 |
| plates is less than twenty-five cents per plate, or if the total | 82618 |
| cost of producing the stickers is less than twenty-five cents per | 82619 |
| sticker or per set issued, any excess moneys accruing from the | 82620 |
| fees shall be distributed in the same manner as provided by | 82621 |
| section 4501.04 of the Revised Code for the distribution of | 82622 |
| license tax moneys. If the total cost of producing the plates | 82623 |
| exceeds twenty-five cents per plate, or if the total cost of | 82624 |
| producing the stickers exceeds twenty-five cents per sticker or | 82625 |
| per set issued, the difference shall be paid from the license tax | 82626 |
| moneys collected pursuant to section 4503.02 of the Revised Code. | 82627 |
| (D) Each deputy registrar shall be allowed a fee of three | 82628 |
| dollars and fifty cents for each application for registration and | 82629 |
| registration renewal notice the deputy registrar receives, which | 82630 |
| shall be for the purpose of compensating the deputy registrar for | 82631 |
| the deputy registrar's services, and such office and rental | 82632 |
| expenses, as may be necessary for the proper discharge of the | 82633 |
| deputy registrar's duties in the receiving of applications and | 82634 |
| renewal notices and the issuing of registrations. | 82635 |
| (E) Upon the certification of the registrar, the county | 82636 |
| sheriff or local police officials shall recover license plates | 82637 |
| erroneously or fraudulently issued. | 82638 |
| (F) Each deputy registrar, upon receipt of any application | 82639 |
| for registration or registration renewal notice, together with the | 82640 |
| license fee and any local motor vehicle license tax levied | 82641 |
| pursuant to Chapter 4504. of the Revised Code, shall transmit that | 82642 |
| fee and tax, if any, in the manner provided in this section, | 82643 |
| together with the original and duplicate copy of the application, | 82644 |
| to the registrar. The registrar, subject to the approval of the | 82645 |
| director of public safety, may deposit the funds collected by | 82646 |
| those deputies in a local bank or depository to the credit of the | 82647 |
| "state of Ohio, bureau of motor vehicles." Where a local bank or | 82648 |
| depository has been designated by the registrar, each deputy | 82649 |
| registrar shall deposit all moneys collected by the deputy | 82650 |
| registrar into that bank or depository not more than one business | 82651 |
| day after their collection and shall make reports to the | 82652 |
| registrar of the amounts so deposited, together with any other | 82653 |
| information, some of which may be prescribed by the treasurer of | 82654 |
| state, as the registrar may require and as prescribed by the | 82655 |
| registrar by rule. The registrar, within three days after receipt | 82656 |
| of notification of the deposit of funds by a deputy registrar in a | 82657 |
| local bank or depository, shall draw on that account in favor of | 82658 |
| the treasurer of state. The registrar, subject to the approval of | 82659 |
| the director and the treasurer of state, may make reasonable rules | 82660 |
| necessary for the prompt transmittal of fees and for safeguarding | 82661 |
| the interests of the state and of counties, townships, municipal | 82662 |
| corporations, and transportation improvement districts levying | 82663 |
| local motor vehicle license taxes. The registrar may pay service | 82664 |
| charges usually collected by banks and depositories for such | 82665 |
| service. If deputy registrars are located in communities where | 82666 |
| banking facilities are not available, they shall transmit the fees | 82667 |
| forthwith, by money order or otherwise, as the registrar, by rule | 82668 |
| approved by the director and the treasurer of state, may | 82669 |
| prescribe. The registrar may pay the usual and customary fees for | 82670 |
| such service. | 82671 |
| (G) This section does not prevent any person from making an | 82672 |
| application for a motor vehicle license directly to the registrar | 82673 |
| by mail, by electronic means, or in person at any of the | 82674 |
| registrar's offices, upon payment of a service fee of three | 82675 |
| dollars and fifty cents for each application. | 82676 |
| (H) No person shall make a false statement as to the district | 82677 |
| of registration in an application required by division (A) of this | 82678 |
| section. Violation of this division is falsification under section | 82679 |
| 2921.13 of the Revised Code and punishable as specified in that | 82680 |
| section. | 82681 |
| (I)(1) Where applicable, the requirements of division (B) of | 82682 |
| this section relating to the presentation of an inspection | 82683 |
| certificate issued under section 3704.14 of the Revised Code and | 82684 |
| rules adopted under it for a motor vehicle, the refusal of a | 82685 |
| license for failure to present an inspection certificate, and the | 82686 |
| stamping of the inspection certificate by the official issuing the | 82687 |
| certificate of registration apply to the registration of and | 82688 |
| issuance of license plates for a motor vehicle under sections | 82689 |
| 4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 82690 |
| 4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 82691 |
| 4503.47, and 4503.51 of the Revised Code. | 82692 |
| (2)(a) The registrar shall adopt rules ensuring that each | 82693 |
| owner registering a motor vehicle in a county where a motor | 82694 |
| vehicle inspection and maintenance program is in effect under | 82695 |
| section 3704.14 of the Revised Code and rules adopted under it | 82696 |
| receives information about the requirements established in that | 82697 |
| section and those rules and about the need in those counties to | 82698 |
| present an inspection certificate with an application for | 82699 |
| registration or preregistration. | 82700 |
| (b) Upon request, the registrar shall provide the director of | 82701 |
| environmental protection, or any person that has been awarded a | 82702 |
|
contract under | 82703 |
| Code, an on-line computer data link to registration information | 82704 |
| for all passenger cars, noncommercial motor vehicles, and | 82705 |
| commercial cars that are subject to that section. The registrar | 82706 |
| also shall provide to the director of environmental protection a | 82707 |
| magnetic data tape containing registration information regarding | 82708 |
| passenger cars, noncommercial motor vehicles, and commercial cars | 82709 |
| for which a multi-year registration is in effect under section | 82710 |
| 4503.103 of the Revised Code or rules adopted under it, including, | 82711 |
| without limitation, the date of issuance of the multi-year | 82712 |
| registration, the registration deadline established under rules | 82713 |
| adopted under section 4503.101 of the Revised Code that was | 82714 |
| applicable in the year in which the multi-year registration was | 82715 |
| issued, and the registration deadline for renewal of the | 82716 |
| multi-year registration. | 82717 |
| (J) | 82718 |
| application for registration under the international registration | 82719 |
| plan, as set forth in sections 4503.60 to 4503.66 of the Revised | 82720 |
| Code, shall be made to the registrar on forms furnished by the | 82721 |
| registrar. In accordance with international registration plan | 82722 |
| guidelines and pursuant to rules adopted by the registrar, the | 82723 |
| forms shall include the following: | 82724 |
| (1) A uniform mileage schedule; | 82725 |
| (2) The gross vehicle weight of the vehicle or combined gross | 82726 |
| vehicle weight of the combination vehicle as declared by the | 82727 |
| registrant; | 82728 |
| (3) Any other information the registrar requires by rule. | 82729 |
| (K) The registrar shall determine the feasibility of | 82730 |
| implementing an electronic commercial fleet licensing and | 82731 |
| management program that will enable the owners of commercial | 82732 |
| tractors, commercial trailers, and commercial semitrailers to | 82733 |
| conduct electronic transactions by July 1, 2010, or sooner. If | 82734 |
| the registrar determines that implementing such a program is | 82735 |
| feasible, the registrar shall adopt new rules under this division | 82736 |
| or amend existing rules adopted under this division as necessary | 82737 |
| in order to respond to advances in technology. | 82738 |
| If international registration plan guidelines and provisions | 82739 |
| allow member jurisdictions to permit applications for | 82740 |
| registrations under the international registration plan to be made | 82741 |
| via the internet, the rules the registrar adopts under this | 82742 |
| division shall permit such action. | 82743 |
| Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles | 82744 |
| may adopt rules to permit any person or lessee, other than a | 82745 |
| person receiving an apportioned license plate under the | 82746 |
| international registration plan, who owns or leases one or more | 82747 |
| motor vehicles to file a written application for registration for | 82748 |
| no more than five succeeding registration years. The rules adopted | 82749 |
| by the registrar may designate the classes of motor vehicles that | 82750 |
| are eligible for such registration. At the time of application, | 82751 |
| all annual taxes and fees shall be paid for each year for which | 82752 |
| the person is registering. | 82753 |
| (ii) Not later than October 1, 2009, the registrar shall | 82754 |
|
adopt rules to permit any person or lessee who owns or leases | 82755 |
| 82756 | |
| subject to the tax rates prescribed in section 4503.042 of the | 82757 |
| Revised Code for such trailers or semitrailers to file a written | 82758 |
| application for registration for not more than five succeeding | 82759 |
| registration years. At the time of application, all annual taxes | 82760 |
| and fees shall be paid for each year for which the person is | 82761 |
| registering. A person who registers a vehicle under division | 82762 |
| (A)(1)(a)(ii) of this section shall pay for each year of | 82763 |
| registration the additional fee established under division (C)(1) | 82764 |
| of section 4503.10 of the Revised Code. The person also shall pay | 82765 |
| for each year of registration the deputy registrar service fee | 82766 |
| specified in division (D) of section 4503.10 of the Revised Code | 82767 |
| or the bureau of motor vehicles service fee specified in division | 82768 |
| (G) of that section, as applicable. | 82769 |
| (b)(i) Except as provided in division (A)(1)(b)(ii) of this | 82770 |
| section, the registrar shall adopt rules to permit any person who | 82771 |
| owns a motor vehicle to file an application for registration for | 82772 |
| the next two succeeding registration years. At the time of | 82773 |
| application, the person shall pay the annual taxes and fees for | 82774 |
| each registration year, calculated in accordance with division (C) | 82775 |
| of section 4503.11 of the Revised Code. A person who is | 82776 |
| registering a vehicle under division (A)(1)(b) of this section | 82777 |
| shall pay for each year of registration the additional fee | 82778 |
| established under division (C)(1) of section 4503.10 of the | 82779 |
|
Revised Code. The person shall also pay | 82780 |
| each year of registration the amount of the deputy registrar | 82781 |
| service fee specified in division (D) of section 4503.10 of the | 82782 |
| Revised Code or the bureau of motor vehicles service fee | 82783 |
| specified in division (G) of that section, as applicable. | 82784 |
| (ii) Division (A)(1)(b)(i) of this section does not apply to | 82785 |
| a person receiving an apportioned license plate under the | 82786 |
| international registration plan, or the owner of a commercial car | 82787 |
| used solely in intrastate commerce, or the owner of a bus as | 82788 |
| defined in section 4513.50 of the Revised Code. | 82789 |
| (2) No person applying for a multi-year registration under | 82790 |
| division (A)(1) of this section is entitled to a refund of any | 82791 |
| taxes or fees paid. | 82792 |
| (3) The registrar shall not issue to any applicant who has | 82793 |
| been issued a final, nonappealable order under division (B) of | 82794 |
| this section a multi-year registration or renewal thereof under | 82795 |
| this division or rules adopted under it for any motor vehicle that | 82796 |
| is required to be inspected under section 3704.14 of the Revised | 82797 |
| Code the district of registration of which, as determined under | 82798 |
| section 4503.10 of the Revised Code, is or is located in the | 82799 |
| county named in the order. | 82800 |
| (B) Upon receipt from the director of environmental | 82801 |
| protection of a notice issued under rules adopted under section | 82802 |
| 3704.14 of the Revised Code indicating that an owner of a motor | 82803 |
| vehicle that is required to be inspected under that section who | 82804 |
| obtained a multi-year registration for the vehicle under division | 82805 |
| (A) of this section or rules adopted under that division has not | 82806 |
| obtained a required inspection certificate for the vehicle, the | 82807 |
| registrar in accordance with Chapter 119. of the Revised Code | 82808 |
| shall issue an order to the owner impounding the certificate of | 82809 |
| registration and identification license plates for the vehicle. | 82810 |
| The order also shall prohibit the owner from obtaining or renewing | 82811 |
| a multi-year registration for any vehicle that is required to be | 82812 |
| inspected under that section, the district of registration of | 82813 |
| which is or is located in the same county as the county named in | 82814 |
| the order during the number of years after expiration of the | 82815 |
| current multi-year registration that equals the number of years | 82816 |
| for which the current multi-year registration was issued. | 82817 |
| An order issued under this division shall require the owner | 82818 |
| to surrender to the registrar the certificate of registration and | 82819 |
| license plates for the vehicle named in the order within five days | 82820 |
| after its issuance. If the owner fails to do so within that time, | 82821 |
| the registrar shall certify that fact to the county sheriff or | 82822 |
| local police officials who shall recover the certificate of | 82823 |
| registration and license plates for the vehicle. | 82824 |
| (C) Upon the occurrence of either of the following | 82825 |
| circumstances, the registrar in accordance with Chapter 119. of | 82826 |
| the Revised Code shall issue to the owner a modified order | 82827 |
| rescinding the provisions of the order issued under division (B) | 82828 |
| of this section impounding the certificate of registration and | 82829 |
| license plates for the vehicle named in that original order: | 82830 |
| (1) Receipt from the director of environmental protection of | 82831 |
| a subsequent notice under rules adopted under section 3704.14 of | 82832 |
| the Revised Code that the owner has obtained the inspection | 82833 |
| certificate for the vehicle as required under those rules; | 82834 |
| (2) Presentation to the registrar by the owner of the | 82835 |
| required inspection certificate for the vehicle. | 82836 |
| (D) The owner of a motor vehicle for which the certificate of | 82837 |
| registration and license plates have been impounded pursuant to an | 82838 |
| order issued under division (B) of this section, upon issuance of | 82839 |
| a modified order under division (C) of this section, may apply to | 82840 |
| the registrar for their return. A fee of two dollars and fifty | 82841 |
| cents shall be charged for the return of the certificate of | 82842 |
| registration and license plates for each vehicle named in the | 82843 |
| application. | 82844 |
| Sec. 4503.19. (A) Upon the filing of an application for | 82845 |
| registration and the payment of the tax for registration, the | 82846 |
| registrar of motor vehicles or a deputy registrar shall determine | 82847 |
| whether the owner previously has been issued license plates for | 82848 |
| the motor vehicle described in the application. If no license | 82849 |
| plates previously have been issued to the owner for that motor | 82850 |
| vehicle, the registrar or deputy registrar shall assign to the | 82851 |
| motor vehicle a distinctive number and issue and deliver to the | 82852 |
| owner in the manner that the registrar may select a certificate of | 82853 |
| registration, in the form that the registrar shall prescribe, and, | 82854 |
| except as otherwise provided in this section, two license plates, | 82855 |
| duplicates of each other, and a validation sticker, or a | 82856 |
| validation sticker alone, to be attached to the number plates as | 82857 |
| provided in section 4503.191 of the Revised Code. The registrar or | 82858 |
| deputy registrar also shall charge the owner any fees required | 82859 |
| under division (C) of section 4503.10 of the Revised Code. | 82860 |
| Trailers, manufactured homes, mobile homes, semitrailers, the | 82861 |
| manufacturer thereof, the dealer, or in transit companies therein, | 82862 |
| shall be issued one license plate only and one validation sticker, | 82863 |
| or a validation sticker alone, and the license plate and | 82864 |
| validation sticker shall be displayed only on the rear of such | 82865 |
| vehicles. A commercial tractor that does not receive an | 82866 |
| apportioned license plate under the international registration | 82867 |
| plan shall be issued two license plates and one validation | 82868 |
| sticker, and the validation sticker shall be displayed on the | 82869 |
| front of the commercial tractor. An apportioned vehicle receiving | 82870 |
| an apportioned license plate under the international registration | 82871 |
| plan shall be issued one license plate only and one validation | 82872 |
| sticker, or a validation sticker alone; the license plate shall be | 82873 |
| displayed only on the front of a semitractor and on the rear of | 82874 |
| all other vehicles. School buses shall not be issued license | 82875 |
| plates but shall bear identifying numbers in the manner prescribed | 82876 |
| by section 4511.764 of the Revised Code. The certificate of | 82877 |
| registration and license plates and validation stickers, or | 82878 |
| validation stickers alone, shall be issued and delivered to the | 82879 |
| owner in person or by mail. Chauffeured limousines shall be issued | 82880 |
| license plates, a validation sticker, and a livery sticker as | 82881 |
| provided in section 4503.24 of the Revised Code. In the event of | 82882 |
| the loss, mutilation, or destruction of any certificate of | 82883 |
| registration, or of any license plates or validation stickers, or | 82884 |
| if the owner chooses to replace license plates previously issued | 82885 |
| for a motor vehicle, or if the registration certificate and | 82886 |
| license plates have been impounded as provided by division (B)(1) | 82887 |
| of section 4507.02 and section 4507.16 of the Revised Code, the | 82888 |
| owner of a motor vehicle, or manufacturer or dealer, may obtain | 82889 |
| from the registrar, or from a deputy registrar if authorized by | 82890 |
| the registrar, a duplicate thereof or new license plates bearing a | 82891 |
| different number, if the registrar considers it advisable, upon | 82892 |
| filing an application prescribed by the registrar, and upon paying | 82893 |
| a fee of one dollar for such certificate of registration, which | 82894 |
| one dollar fee shall be deposited into the state treasury to the | 82895 |
| credit of the state bureau of motor vehicles fund created in | 82896 |
| section 4501.25 of the Revised Code. Commencing with each request | 82897 |
| made on or after October 1, 2009, or in conjunction with | 82898 |
| replacement license plates issued for renewal registrations | 82899 |
| expiring on or after October 1, 2009, a fee of seven dollars and | 82900 |
|
fifty cents for
each set of two
license
plates | 82901 |
| and fifty cents for each single license plate or validation | 82902 |
| sticker shall be charged and collected, of which the registrar | 82903 |
| shall deposit five dollars and fifty cents of each seven dollar | 82904 |
| and fifty cent fee or each six dollar and fifty cent fee into the | 82905 |
| state treasury to the credit of the state highway safety fund | 82906 |
| created in section 4501.06 of the Revised Code and the remaining | 82907 |
| portion of each such fee into the state treasury to the credit of | 82908 |
| the state bureau of motor vehicles fund created in section 4501.25 | 82909 |
| of the Revised Code. In addition, each applicant for a replacement | 82910 |
| certificate of registration, license plate, or validation sticker | 82911 |
| shall pay the fees provided in divisions (C) and (D) of section | 82912 |
| 4503.10 of the Revised Code. | 82913 |
| | 82914 |
| 82915 | |
| 82916 | |
| 82917 |
| Additionally, the registrar and each deputy registrar who | 82918 |
| either issues license plates and a validation sticker for use on | 82919 |
| any vehicle other than a commercial tractor, semitrailer, or | 82920 |
| apportioned vehicle, or who issues a validation sticker alone for | 82921 |
| use on such a vehicle and the owner has changed the owner's county | 82922 |
| of residence since the owner last was issued county identification | 82923 |
| stickers, also shall issue and deliver to the owner either one or | 82924 |
| two county identification stickers, as appropriate, which shall be | 82925 |
| attached to the license plates in a manner prescribed by the | 82926 |
| director of public safety. The county identification stickers | 82927 |
| shall identify prominently by name or number the county in which | 82928 |
| the owner of the vehicle resides at the time of registration. | 82929 |
| (B) Whoever violates this section is guilty of a minor | 82930 |
| misdemeanor. | 82931 |
| Sec. 4503.191. (A)(1) The identification license plate | 82932 |
| shall be issued for a multi-year period as determined by the | 82933 |
| director of public safety, and shall be accompanied by a | 82934 |
| validation sticker, to be attached to the license plate. Except | 82935 |
| as provided in division (A)(2) of this section, the validation | 82936 |
| sticker shall indicate the expiration of the registration period | 82937 |
| to which the motor vehicle for which the license plate is issued | 82938 |
| is assigned, in accordance with rules adopted by the registrar of | 82939 |
| motor vehicles. During each succeeding year of the multi-year | 82940 |
| period following the issuance of the plate and validation | 82941 |
| sticker, upon the filing of an application for registration and | 82942 |
| the payment of the tax therefor, a validation sticker alone shall | 82943 |
| be issued. The validation stickers required under this section | 82944 |
| shall be of different colors or shades each year, the new colors | 82945 |
| or shades to be selected by the director. | 82946 |
| (2)(a) Not later than October 1, 2009, the director shall | 82947 |
| develop a universal validation sticker that may be issued to any | 82948 |
| owner of two hundred fifty or more passenger vehicles, so that a | 82949 |
| sticker issued to the owner may be placed on any passenger | 82950 |
| vehicle in that owner's fleet. The director may establish and | 82951 |
| charge an additional fee of not more than one dollar per | 82952 |
| registration to compensate for necessary costs of the universal | 82953 |
| validation sticker program. The additional fee shall be credited | 82954 |
| to the state bureau of motor vehicles fund created in section | 82955 |
| 4501.25 of the Revised Code. | 82956 |
| (b) A validation sticker issued for an all-purpose vehicle | 82957 |
| that is registered under Chapter 4519. of the Revised Code or for | 82958 |
| a trailer or semitrailer that is registered under division | 82959 |
| (A)(1)(a)(ii) of section 4503.103 of the Revised Code for a period | 82960 |
| of not more than five succeeding registration years may indicate | 82961 |
| the expiration of the registration period by any manner determined | 82962 |
| by the registrar by rule. | 82963 |
| (B) Identification license plates shall be produced by Ohio | 82964 |
| penal industries. Validation stickers and county identification | 82965 |
| stickers shall be produced by Ohio penal industries unless the | 82966 |
| registrar adopts rules that permit the registrar or deputy | 82967 |
| registrars to print or otherwise produce them in house. | 82968 |
| Sec. 4503.235. (A) If division (G) of section 4511.19 or | 82969 |
| division (B) of section 4511.193 of the Revised Code requires a | 82970 |
| court, as part of the sentence of an offender who is convicted of | 82971 |
| or pleads guilty to a violation of division (A) of section | 82972 |
| 4511.19 of the Revised Code or as a sanction for an offender who | 82973 |
| is convicted of or pleaded guilty to a violation of a municipal | 82974 |
| OVI ordinance, to order the immobilization of a vehicle for a | 82975 |
| specified period of time, notwithstanding the requirement, the | 82976 |
| court in its discretion may determine not to order the | 82977 |
| immobilization of the vehicle if both of the following apply: | 82978 |
| (1) Prior to the issuance of the order of immobilization, a | 82979 |
| family or household member of the offender files a motion with | 82980 |
| the court identifying the vehicle and requesting that the | 82981 |
| immobilization order not be issued on the ground that the family | 82982 |
| or household member is completely dependent on the vehicle for | 82983 |
| the necessities of life and that the immobilization of the | 82984 |
| vehicle would be an undue hardship to the family or household | 82985 |
| member. | 82986 |
| (2) The court determines that the family or household member | 82987 |
| who files the motion is completely dependent on the vehicle for | 82988 |
| the necessities of life and that the immobilization of the | 82989 |
| vehicle would be an undue hardship to the family or household | 82990 |
| member. | 82991 |
| (B) If a court pursuant to division (A) of this section | 82992 |
| determines not to order the immobilization of a vehicle that | 82993 |
| otherwise would be required pursuant to division (G) of section | 82994 |
| 4511.19 or division (B) of section 4511.193 of the Revised Code, | 82995 |
| the court shall issue an order that waives the immobilization that | 82996 |
| otherwise would be required pursuant to either of those divisions. | 82997 |
| The immobilization waiver order shall be in effect for the period | 82998 |
| of time for which the immobilization of the vehicle otherwise | 82999 |
| would have been required under division (G) of section 4511.19 or | 83000 |
| division (B) of section 4511.193 of the Revised Code if the | 83001 |
| immobilization waiver order had not been issued, subject to | 83002 |
| division (D) of this section. The immobilization waiver order | 83003 |
| shall specify the period of time for which it is in effect. The | 83004 |
| court shall provide a copy of an immobilization waiver order to | 83005 |
| the offender and to the family or household member of the | 83006 |
| offender who filed the motion requesting that the immobilization | 83007 |
| order not be issued and shall place a copy of the immobilization | 83008 |
| waiver order in the record in the case. The court shall impose an | 83009 |
| immobilization waiver fee in the amount of fifty dollars. The | 83010 |
| court shall determine whether the fee is to be paid by the | 83011 |
| offender or by the family or household member. The clerk of the | 83012 |
|
court shall | 83013 |
| month on or before the twenty-third day of the following month | 83014 |
| 83015 | |
| municipal indigent drivers alcohol treatment fund under the | 83016 |
| control of that court, as created by the county or municipal | 83017 |
| corporation under division (F) of section 4511.191 of the | 83018 |
| Revised Code. | 83019 |
| (C) If a court pursuant to division (B) of this section | 83020 |
| issues an immobilization waiver order, the order shall identify | 83021 |
| the family or household member who requested the order and the | 83022 |
| vehicle to which the order applies, shall identify the family or | 83023 |
| household members who are permitted to operate the vehicle, and | 83024 |
| shall identify the offender and specify that the offender is not | 83025 |
| permitted to operate the vehicle. The immobilization waiver order | 83026 |
| shall require that the family or household member display on the | 83027 |
| vehicle to which the order applies restricted license plates that | 83028 |
| are issued under section 4503.231 of the Revised Code for the | 83029 |
| entire period for which the immobilization of the vehicle | 83030 |
| otherwise would have been required under division (G) of section | 83031 |
| 4511.19 or division (B) of section 4511.193 of the Revised Code | 83032 |
| if the immobilization waiver order had not been issued. | 83033 |
| (D) A family or household member who is permitted to operate | 83034 |
| a vehicle under an immobilization waiver order issued under this | 83035 |
| section shall not permit the offender to operate the vehicle. If | 83036 |
| a family or household member who is permitted to operate a | 83037 |
| vehicle under an immobilization waiver order issued under this | 83038 |
| section permits the offender to operate the vehicle, both of the | 83039 |
| following apply: | 83040 |
| (1) The court that issued the immobilization waiver order | 83041 |
| shall terminate that order and shall issue an immobilization order | 83042 |
| in accordance with section 4503.233 of the Revised Code that | 83043 |
| applies to the vehicle, and the immobilization order shall be in | 83044 |
| effect for the remaining period of time for which the | 83045 |
| immobilization of the vehicle otherwise would have been required | 83046 |
| under division (G) of section 4511.19 or division (B) of section | 83047 |
| 4511.193 of the Revised Code if the immobilization waiver order | 83048 |
| had not been issued. | 83049 |
| (2) The conduct of the family or household member in | 83050 |
| permitting the offender to operate the vehicle is a violation of | 83051 |
| section 4511.203 of the Revised Code. | 83052 |
| (E) No offender shall operate a motor vehicle subject to an | 83053 |
| immobilization waiver order. Whoever violates this division is | 83054 |
| guilty of operating a motor vehicle in violation of an | 83055 |
| immobilization waiver, a misdemeanor of the first degree. | 83056 |
| (F) "Family or household member" has the same meaning as in | 83057 |
| section 2919.25 of the Revised Code, except that the person must | 83058 |
| be currently residing with the offender. | 83059 |
| Sec. 4503.40. | 83060 |
| expiration date before October 1, 2009, and for each initial | 83061 |
| application for registration received before that date the | 83062 |
| registrar of motor vehicles shall be allowed a fee not to exceed | 83063 |
| ten dollars, and for each registration renewal with an expiration | 83064 |
| date on or after October 1, 2009, and for each initial application | 83065 |
|
for registration received on or after that date the registrar | 83066 |
| 83067 | |
| each application received by the registrar for special state | 83068 |
| reserved license plate numbers and the issuing of such licenses, | 83069 |
| and validation stickers, in the several series as the registrar | 83070 |
| may designate. The fee shall be in addition to the license tax | 83071 |
| established by this chapter and, where applicable, Chapter 4504. | 83072 |
| of the Revised Code. Seven dollars and fifty cents of the fee | 83073 |
| shall be for the purpose of compensating the bureau of motor | 83074 |
| vehicles for additional services required in the issuing of such | 83075 |
|
licenses, and
the remaining | 83076 |
| portion of the fee shall be deposited by the registrar into the | 83077 |
| state treasury to the credit of the state highway safety fund | 83078 |
| created by section 4501.06 of the Revised Code. The types of | 83079 |
| motor vehicles for which special state reserved license plates | 83080 |
| may be issued in accordance with this section shall include at | 83081 |
| least motorcycles, buses, passenger cars, and noncommercial motor | 83082 |
| vehicles. | 83083 |
| Sec. 4503.42. | 83084 |
| expiration date before October 1, 2009, and for each initial | 83085 |
| application for registration received before that date the | 83086 |
| registrar of motor vehicles shall be allowed a fee not to exceed | 83087 |
| thirty-five dollars, and for each registration renewal with an | 83088 |
| expiration date on or after October 1, 2009, and for each initial | 83089 |
| application for registration received on or after that date the | 83090 |
|
registrar | 83091 |
| dollars, which shall be in addition to the regular license fee | 83092 |
| for tags as prescribed under section 4503.04 of the Revised Code | 83093 |
| and any tax levied under section 4504.02 or 4504.06 of the | 83094 |
| Revised Code, for each application received by the registrar for | 83095 |
| special reserved license plate numbers containing more than three | 83096 |
| letters or numerals, and the issuing of such licenses and | 83097 |
| validation stickers in the several series as the registrar may | 83098 |
| designate. Five dollars of the fee shall be for the purpose of | 83099 |
| compensating the bureau of motor vehicles for additional | 83100 |
| services required in the issuing of such licenses and validation | 83101 |
|
stickers, and
the remaining
| 83102 |
| shall be deposited by the registrar into the state treasury to | 83103 |
| the credit of the state highway safety fund created by section | 83104 |
| 4501.06 of the Revised Code. | 83105 |
| This section does not apply to the issuance of reserved | 83106 |
| license plates as authorized by sections 4503.14, 4503.15, and | 83107 |
| 4503.40 of the Revised Code. The types of motor vehicles for which | 83108 |
| license plate numbers containing more than three letters or | 83109 |
| numerals may be issued in accordance with this section shall | 83110 |
| include at least buses, passenger cars, and noncommercial motor | 83111 |
| vehicles. | 83112 |
| Sec. 4503.44. (A) As used in this section and in section | 83113 |
| 4511.69 of the Revised Code: | 83114 |
| (1) "Person with a disability that limits or impairs the | 83115 |
| ability to walk" means any person who, as determined by a health | 83116 |
| care provider, meets any of the following criteria: | 83117 |
| (a) Cannot walk two hundred feet without stopping to rest; | 83118 |
| (b) Cannot walk without the use of, or assistance from, a | 83119 |
| brace, cane, crutch, another person, prosthetic device, | 83120 |
| wheelchair, or other assistive device; | 83121 |
| (c) Is restricted by a lung disease to such an extent that | 83122 |
| the person's forced (respiratory) expiratory volume for one | 83123 |
| second, when measured by spirometry, is less than one liter, or | 83124 |
| the arterial oxygen tension is less than sixty millimeters of | 83125 |
| mercury on room air at rest; | 83126 |
| (d) Uses portable oxygen; | 83127 |
| (e) Has a cardiac condition to the extent that the person's | 83128 |
| functional limitations are classified in severity as class III or | 83129 |
| class IV according to standards set by the American heart | 83130 |
| association; | 83131 |
| (f) Is severely limited in the ability to walk due to an | 83132 |
| arthritic, neurological, or orthopedic condition; | 83133 |
| (g) Is blind. | 83134 |
| (2) "Organization" means any private organization or | 83135 |
| corporation, or any governmental board, agency, department, | 83136 |
| division, or office, that, as part of its business or program, | 83137 |
| transports persons with disabilities that limit or impair the | 83138 |
| ability to walk on a regular basis in a motor vehicle that has not | 83139 |
| been altered for the purpose of providing it with special | 83140 |
| equipment for use by handicapped persons. This definition does not | 83141 |
| apply to division (J) of this section. | 83142 |
| (3) "Health care provider" means a physician, physician | 83143 |
| assistant, advanced practice nurse, or chiropractor as defined in | 83144 |
| this section. | 83145 |
| (4) "Physician" means a person licensed to practice medicine | 83146 |
| or surgery or osteopathic medicine and surgery under Chapter 4731. | 83147 |
| of the Revised Code. | 83148 |
| (5) "Chiropractor" means a person licensed to practice | 83149 |
| chiropractic under Chapter 4734. of the Revised Code. | 83150 |
| (6) "Advanced practice nurse" means any certified nurse | 83151 |
| practitioner, clinical nurse specialist, certified registered | 83152 |
| nurse anesthetist, or certified nurse-midwife who holds a | 83153 |
| certificate of authority issued by the board of nursing under | 83154 |
| Chapter 4723. of the Revised Code. | 83155 |
| (7) "Physician assistant" means a person who holds a | 83156 |
| certificate to practice as a physician assistant issued under | 83157 |
| Chapter 4730. of the Revised Code. | 83158 |
| (B) Any organization or person with a disability that limits | 83159 |
| or impairs the ability to walk may apply to the registrar of motor | 83160 |
| vehicles for a removable windshield placard or, if the person owns | 83161 |
| or leases a motor vehicle, the person may apply for the | 83162 |
| registration of any motor vehicle the person owns or leases. In | 83163 |
| addition to one or more sets of license plates or one placard, a | 83164 |
| person with a disability that limits or impairs the ability to | 83165 |
| walk is entitled to one additional placard, but only if the person | 83166 |
| applies separately for the additional placard, states the reasons | 83167 |
| why the additional placard is needed, and the registrar, in the | 83168 |
| registrar's discretion, determines that good and justifiable cause | 83169 |
| exists to approve the request for the additional placard. When a | 83170 |
| motor vehicle has been altered for the purpose of providing it | 83171 |
| with special equipment for a person with a disability that limits | 83172 |
| or impairs the ability to walk, but is owned or leased by someone | 83173 |
| other than such a person, the owner or lessee may apply to the | 83174 |
| registrar or a deputy registrar for registration under this | 83175 |
| section. The application for registration of a motor vehicle owned | 83176 |
| or leased by a person with a disability that limits or impairs the | 83177 |
| ability to walk shall be accompanied by a signed statement from | 83178 |
| the applicant's health care provider certifying that the | 83179 |
| applicant meets at least one of the criteria contained in | 83180 |
| division (A)(1) of this section and that the disability is | 83181 |
| expected to continue for more than six consecutive months. The | 83182 |
| application for a removable windshield placard made by a person | 83183 |
| with a disability that limits or impairs the ability to walk | 83184 |
| shall be accompanied by a prescription from the applicant's | 83185 |
| health care provider prescribing such a placard for the | 83186 |
| applicant, provided that the applicant meets at least one of the | 83187 |
| criteria contained in division (A)(1) of this section. The | 83188 |
| health care provider shall state on the prescription the length | 83189 |
| of time the health care provider expects the applicant to have | 83190 |
| the disability that limits or impairs the applicant's ability to | 83191 |
| walk. The application for a removable windshield placard made by | 83192 |
| an organization shall be accompanied by such documentary evidence | 83193 |
| of regular transport of persons with disabilities that limit or | 83194 |
| impair the ability to walk by the organization as the registrar | 83195 |
| may require by rule and shall be completed in accordance with | 83196 |
| procedures that the registrar may require by rule. The application | 83197 |
| for registration of a motor vehicle that has been altered for the | 83198 |
| purpose of providing it with special equipment for a person with a | 83199 |
| disability that limits or impairs the ability to walk but is owned | 83200 |
| by someone other than such a person shall be accompanied by such | 83201 |
| documentary evidence of vehicle alterations as the registrar may | 83202 |
| require by rule. | 83203 |
| (C) When an organization, a person with a disability that | 83204 |
| limits or impairs the ability to walk, or a person who does not | 83205 |
| have a disability that limits or impairs the ability to walk but | 83206 |
| owns a motor vehicle that has been altered for the purpose of | 83207 |
| providing it with special equipment for a person with a disability | 83208 |
| that limits or impairs the ability to walk first submits an | 83209 |
| application for registration of a motor vehicle under this section | 83210 |
| and every fifth year thereafter, the organization or person shall | 83211 |
| submit a signed statement from the applicant's health care | 83212 |
| provider, a completed application, and any required documentary | 83213 |
| evidence of vehicle alterations as provided in division (B) of | 83214 |
| this section, and also a power of attorney from the owner of the | 83215 |
| motor vehicle if the applicant leases the vehicle. Upon | 83216 |
| submission of these items, the registrar or deputy registrar shall | 83217 |
| issue to the applicant appropriate vehicle registration and a set | 83218 |
| of license plates and validation stickers, or validation | 83219 |
| stickers alone when required by section 4503.191 of the Revised | 83220 |
| Code. In addition to the letters and numbers ordinarily | 83221 |
| inscribed thereon, the license plates shall be imprinted with | 83222 |
| the international symbol of access. The license plates and | 83223 |
| validation stickers shall be issued upon payment of the regular | 83224 |
| license fee as prescribed under section 4503.04 of the Revised | 83225 |
| Code and any motor vehicle tax levied under Chapter 4504. of the | 83226 |
| Revised Code, and the payment of a service fee equal to the | 83227 |
| amount specified in division (D) or (G) of section 4503.10 of | 83228 |
| the Revised Code. | 83229 |
| (D)(1) Upon receipt of a completed and signed application for | 83230 |
| a removable windshield placard, a prescription as described in | 83231 |
| division (B) of this section, documentary evidence of regular | 83232 |
| transport of persons with disabilities that limit or impair the | 83233 |
| ability to walk, if required, and payment of a service fee equal | 83234 |
| to the amount specified in division (D) or (G) of section 4503.10 | 83235 |
| of the Revised Code, the registrar or deputy registrar shall issue | 83236 |
| to the applicant a removable windshield placard, which shall bear | 83237 |
| the date of expiration on both sides of the placard and shall be | 83238 |
| valid until expired, revoked, or surrendered. Every removable | 83239 |
| windshield placard expires as described in division (D)(2) of this | 83240 |
| section, but in no case shall a removable windshield placard be | 83241 |
| valid for a period of less than sixty days. Removable windshield | 83242 |
| placards shall be renewable upon application as provided in | 83243 |
| division (B) of this section, and a service fee equal to the | 83244 |
| amount specified in division (D) or (G) of section 4503.10 of the | 83245 |
| Revised Code shall be charged for the renewal of a removable | 83246 |
| windshield placard. The registrar shall provide the application | 83247 |
| form and shall determine the information to be included thereon. | 83248 |
| The registrar also shall determine the form and size of the | 83249 |
| removable windshield placard, the material of which it is to be | 83250 |
| made, and any other information to be included thereon, and shall | 83251 |
| adopt rules relating to the issuance, expiration, revocation, | 83252 |
| surrender, and proper display of such placards. Any placard | 83253 |
| issued after October 14, 1999, shall be manufactured in a manner | 83254 |
| that allows the expiration date of the placard to be indicated on | 83255 |
| it through the punching, drilling, boring, or creation by any | 83256 |
| other means of holes in the placard. | 83257 |
| (2) At the time a removable windshield placard is issued to a | 83258 |
| person with a disability that limits or impairs the ability to | 83259 |
| walk, the registrar or deputy registrar shall enter into the | 83260 |
| records of the bureau of motor vehicles the last date on which the | 83261 |
| person will have that disability, as indicated on the accompanying | 83262 |
| prescription. Not less than thirty days prior to that date and all | 83263 |
| removable windshield placard renewal dates, the bureau shall send | 83264 |
| a renewal notice to that person at the person's last known address | 83265 |
| as shown in the records of the bureau, informing the person that | 83266 |
| the person's removable windshield placard will expire on the | 83267 |
| indicated date not to exceed five years from the date of issuance, | 83268 |
| and that the person is required to renew the placard by submitting | 83269 |
| to the registrar or a deputy registrar another prescription, as | 83270 |
| described in division (B) of this section, and by complying with | 83271 |
| the renewal provisions prescribed in division (D)(1) of this | 83272 |
| section. If such a prescription is not received by the registrar | 83273 |
| or a deputy registrar by that date, the placard issued to that | 83274 |
| person expires and no longer is valid, and this fact shall be | 83275 |
| recorded in the records of the bureau. | 83276 |
| (3) At least once every year, on a date determined by the | 83277 |
| registrar, the bureau shall examine the records of the office of | 83278 |
| vital statistics, located within the department of health, that | 83279 |
| pertain to deceased persons, and also the bureau's records of all | 83280 |
| persons who have been issued removable windshield placards and | 83281 |
| temporary removable windshield placards. If the records of the | 83282 |
| office of vital statistics indicate that a person to whom a | 83283 |
| removable windshield placard or temporary removable windshield | 83284 |
| placard has been issued is deceased, the bureau shall cancel that | 83285 |
| placard, and note the cancellation in its records. | 83286 |
| The office of vital statistics shall make available to the | 83287 |
| bureau all information necessary to enable the bureau to comply | 83288 |
| with division (D)(3) of this section. | 83289 |
| (4) Nothing in this section shall be construed to require a | 83290 |
| person or organization to apply for a removable windshield placard | 83291 |
| or special license plates if the parking card or special license | 83292 |
| plates issued to the person or organization under prior law have | 83293 |
| not expired or been surrendered or revoked. | 83294 |
| (E)(1)(a) Any person with a disability that limits or impairs | 83295 |
| the ability to walk may apply to the registrar or a deputy | 83296 |
| registrar for a temporary removable windshield placard. The | 83297 |
| application for a temporary removable windshield placard shall be | 83298 |
| accompanied by a prescription from the applicant's health care | 83299 |
| provider prescribing such a placard for the applicant, provided | 83300 |
| that the applicant meets at least one of the criteria contained in | 83301 |
| division (A)(1) of this section and that the disability is | 83302 |
| expected to continue for six consecutive months or less. The | 83303 |
| health care provider shall state on the prescription the length | 83304 |
| of time the health care provider expects the applicant to have | 83305 |
| the disability that limits or impairs the applicant's ability to | 83306 |
| walk, which cannot exceed six months from the date of the | 83307 |
| prescription. Upon receipt of an application for a temporary | 83308 |
| removable windshield placard, presentation of the prescription | 83309 |
| from the applicant's health care provider, and payment of a | 83310 |
| service fee equal to the amount specified in division (D) or (G) | 83311 |
| of section 4503.10 of the Revised Code, the registrar or deputy | 83312 |
| registrar shall issue to the applicant a temporary removable | 83313 |
| windshield placard. | 83314 |
| (b) Any active-duty member of the armed forces of the United | 83315 |
| States, including the reserve components of the armed forces and | 83316 |
| the national guard, who has an illness or injury that limits or | 83317 |
| impairs the ability to walk may apply to the registrar or a deputy | 83318 |
| registrar for a temporary removable windshield placard. With the | 83319 |
| application, the person shall present evidence of the person's | 83320 |
| active-duty status and the illness or injury. Evidence of the | 83321 |
| illness or injury may include a current department of defense | 83322 |
| convalescent leave statement, any department of defense document | 83323 |
| indicating that the person currently has an ill or injured | 83324 |
| casualty status or has limited duties, or a prescription from any | 83325 |
| health care provider prescribing the placard for the applicant. | 83326 |
| Upon receipt of the application and the necessary evidence, the | 83327 |
| registrar or deputy registrar shall issue the applicant the | 83328 |
| temporary removable windshield placard without the payment of any | 83329 |
| service fee. | 83330 |
| (2) The temporary removable windshield placard shall be of | 83331 |
| the same size and form as the removable windshield placard, shall | 83332 |
| be printed in white on a red-colored background, and shall bear | 83333 |
| the word "temporary" in letters of such size as the registrar | 83334 |
| shall prescribe. A temporary removable windshield placard also | 83335 |
| shall bear the date of expiration on the front and back of the | 83336 |
| placard, and shall be valid until expired, surrendered, or | 83337 |
| revoked, but in no case shall such a placard be valid for a period | 83338 |
| of less than sixty days. The registrar shall provide the | 83339 |
| application form and shall determine the information to be | 83340 |
| included on it, provided that the registrar shall not require a | 83341 |
| health care provider's prescription or certification for a person | 83342 |
| applying under division (E)(1)(b) of this section. The registrar | 83343 |
| also shall determine the material of which the temporary | 83344 |
| removable windshield placard is to be made and any other | 83345 |
| information to be included on the placard and shall adopt rules | 83346 |
| relating to the issuance, expiration, surrender, revocation, and | 83347 |
| proper display of those placards. Any temporary removable | 83348 |
| windshield placard issued after October 14, 1999, shall be | 83349 |
| manufactured in a manner that allows for the expiration date of | 83350 |
| the placard to be indicated on it through the punching, drilling, | 83351 |
| boring, or creation by any other means of holes in the placard. | 83352 |
| (F) If an applicant for a removable windshield placard is a | 83353 |
| veteran of the armed forces of the United States whose disability, | 83354 |
| as defined in division (A)(1) of this section, is | 83355 |
| service-connected, the registrar or deputy registrar, upon receipt | 83356 |
| of the application, presentation of a signed statement from the | 83357 |
| applicant's health care provider certifying the applicant's | 83358 |
| disability, and presentation of such documentary evidence from the | 83359 |
| department of veterans affairs that the disability of the | 83360 |
| applicant meets at least one of the criteria identified in | 83361 |
| division (A)(1) of this section and is service-connected as the | 83362 |
| registrar may require by rule, but without the payment of any | 83363 |
| service fee, shall issue the applicant a removable windshield | 83364 |
| placard that is valid until expired, surrendered, or revoked. | 83365 |
| (G) Upon a conviction of a violation of division (I), (J), or | 83366 |
| (K) of this section, the court shall report the conviction, and | 83367 |
| send the placard or parking card, if available, to the registrar, | 83368 |
| who thereupon shall revoke the privilege of using the placard or | 83369 |
| parking card and send notice in writing to the placardholder or | 83370 |
| cardholder at that holder's last known address as shown in the | 83371 |
| records of the bureau, and the placardholder or cardholder shall | 83372 |
| return the placard or card if not previously surrendered to the | 83373 |
| court, to the registrar within ten days following mailing of the | 83374 |
| notice. | 83375 |
| Whenever a person to whom a removable windshield placard or | 83376 |
| parking card has been issued moves to another state, the person | 83377 |
| shall surrender the placard or card to the registrar; and whenever | 83378 |
| an organization to which a placard or card has been issued changes | 83379 |
| its place of operation to another state, the organization shall | 83380 |
| surrender the placard or card to the registrar. | 83381 |
| (H) Subject to division (F) of section 4511.69 of the Revised | 83382 |
| Code, the operator of a motor vehicle displaying a removable | 83383 |
| windshield placard, temporary removable windshield placard, | 83384 |
| parking card, or the special license plates authorized by this | 83385 |
| section is entitled to park the motor vehicle in any special | 83386 |
| parking location reserved for persons with disabilities that limit | 83387 |
| or impair the ability to walk, also known as handicapped parking | 83388 |
| spaces or disability parking spaces. | 83389 |
| (I) No person or organization that is not eligible under | 83390 |
| division (B) or (E) of this section shall willfully and falsely | 83391 |
| represent that the person or organization is so eligible. | 83392 |
| No person or organization shall display license plates issued | 83393 |
| under this section unless the license plates have been issued for | 83394 |
| the vehicle on which they are displayed and are valid. | 83395 |
| (J) No person or organization to which a removable windshield | 83396 |
| placard or temporary removable windshield placard is issued shall | 83397 |
| do either of the following: | 83398 |
| (1) Display or permit the display of the placard on any motor | 83399 |
| vehicle when having reasonable cause to believe the motor vehicle | 83400 |
| is being used in connection with an activity that does not include | 83401 |
| providing transportation for persons with disabilities that limit | 83402 |
| or impair the ability to walk; | 83403 |
| (2) Refuse to return or surrender the placard, when required. | 83404 |
| (K)(1) No person or organization to which a parking card is | 83405 |
| issued shall do either of the following: | 83406 |
| (a) Display or permit the display of the parking card on any | 83407 |
| motor vehicle when having reasonable cause to believe the motor | 83408 |
| vehicle is being used in connection with an activity that does not | 83409 |
| include providing transportation for a handicapped person; | 83410 |
| (b) Refuse to return or surrender the parking card, when | 83411 |
| required. | 83412 |
| (2) As used in division (K) of this section: | 83413 |
| (a) "Handicapped person" means any person who has lost the | 83414 |
| use of one or both legs or one or both arms, who is blind, deaf, | 83415 |
| or so severely handicapped as to be unable to move about without | 83416 |
| the aid of crutches or a wheelchair, or whose mobility is | 83417 |
| restricted by a permanent cardiovascular, pulmonary, or other | 83418 |
| handicapping condition. | 83419 |
| (b) "Organization" means any private organization or | 83420 |
| corporation, or any governmental board, agency, department, | 83421 |
| division, or office, that, as part of its business or program, | 83422 |
| transports handicapped persons on a regular basis in a motor | 83423 |
| vehicle that has not been altered for the purposes of providing it | 83424 |
| with special equipment for use by handicapped persons. | 83425 |
| (L) If a removable windshield placard, temporary removable | 83426 |
| windshield placard, or parking card is lost, destroyed, or | 83427 |
| mutilated, the placardholder or cardholder may obtain a duplicate | 83428 |
| by doing both of the following: | 83429 |
| (1) Furnishing suitable proof of the loss, destruction, or | 83430 |
| mutilation to the registrar; | 83431 |
| (2) Paying a service fee equal to the amount specified in | 83432 |
| division (D) or (G) of section 4503.10 of the Revised Code. | 83433 |
| Any placardholder or cardholder who loses a placard or card | 83434 |
| and, after obtaining a duplicate, finds the original, immediately | 83435 |
| shall surrender the original placard or card to the registrar. | 83436 |
| (M) The registrar shall pay all fees received under this | 83437 |
| section for the issuance of removable windshield placards or | 83438 |
| temporary removable windshield placards or duplicate removable | 83439 |
| windshield placards or cards into the state treasury to the credit | 83440 |
| of the state bureau of motor vehicles fund created in section | 83441 |
| 4501.25 of the Revised Code. | 83442 |
| (N) In addition to the fees collected under this section, the | 83443 |
| registrar or deputy registrar shall ask each person applying for a | 83444 |
| removable windshield placard or temporary removable windshield | 83445 |
| placard or duplicate removable windshield placard or license plate | 83446 |
| issued under this section, whether the person wishes to make a | 83447 |
| two-dollar voluntary contribution to support rehabilitation | 83448 |
| employment services. The registrar shall transmit the | 83449 |
| contributions received under this division to the treasurer of | 83450 |
| state for deposit into the rehabilitation employment fund, which | 83451 |
| is hereby created in the state treasury. A deputy registrar shall | 83452 |
| transmit the contributions received under this division to the | 83453 |
| registrar in the time and manner prescribed by the registrar. The | 83454 |
| contributions in the fund shall be used by the rehabilitation | 83455 |
| services commission to purchase services related to vocational | 83456 |
| evaluation, work adjustment, personal adjustment, job placement, | 83457 |
| job coaching, and community-based assessment from accredited | 83458 |
| community rehabilitation program facilities. | 83459 |
| (O) For purposes of enforcing this section, every peace | 83460 |
| officer is deemed to be an agent of the registrar. Any peace | 83461 |
| officer or any authorized employee of the bureau of motor vehicles | 83462 |
| who, in the performance of duties authorized by law, becomes aware | 83463 |
| of a person whose placard or parking card has been revoked | 83464 |
| pursuant to this section, may confiscate that placard or parking | 83465 |
| card and return it to the registrar. The registrar shall prescribe | 83466 |
| any forms used by law enforcement agencies in administering this | 83467 |
| section. | 83468 |
| No peace officer, law enforcement agency employing a peace | 83469 |
| officer, or political subdivision or governmental agency employing | 83470 |
| a peace officer, and no employee of the bureau is liable in a | 83471 |
| civil action for damages or loss to persons arising out of the | 83472 |
| performance of any duty required or authorized by this section. As | 83473 |
| used in this division, "peace officer" has the same meaning as in | 83474 |
| division (B) of section 2935.01 of the Revised Code. | 83475 |
| | 83476 |
| removable windshield placards, and temporary removable windshield | 83477 |
| placards issued under this section, all renewal notices for such | 83478 |
| items, and all other publications issued by the bureau that relate | 83479 |
| to this section shall set forth the criminal penalties that may be | 83480 |
| imposed upon a person who violates any provision relating to | 83481 |
| special license plates issued under this section, the parking of | 83482 |
| vehicles displaying such license plates, and the issuance, | 83483 |
| procurement, use, and display of removable windshield placards and | 83484 |
| temporary removable windshield placards issued under this section. | 83485 |
| | 83486 |
| misdemeanor of the fourth degree. | 83487 |
| Sec. 4503.563. (A) The owner or lessee of any passenger | 83488 |
| car, noncommercial motor vehicle, recreational vehicle, or other | 83489 |
| vehicle of a class approved by the registrar of motor vehicles may | 83490 |
| apply to the registrar for the registration of the vehicle and | 83491 |
| issuance of Ohio nature preserves license plates. The application | 83492 |
| for Ohio nature preserves license plates may be combined with a | 83493 |
| request for a special reserved license plate under section 4503.40 | 83494 |
| or 4503.42 of the Revised Code. Upon receipt of the completed | 83495 |
| application and compliance with division (B) of this section, the | 83496 |
| registrar shall issue to the applicant the appropriate vehicle | 83497 |
| registration and a set of Ohio nature preserves license plates | 83498 |
| with a validation sticker or a validation sticker alone when | 83499 |
| required by section 4503.191 of the Revised Code. | 83500 |
| In addition to the letters and numbers ordinarily inscribed | 83501 |
| thereon, Ohio nature preserves license plates shall be inscribed | 83502 |
| with identifying words or markings designed by the department of | 83503 |
| natural resources and approved by the registrar. Ohio nature | 83504 |
| preserves license plates shall bear county identification stickers | 83505 |
| that identify the county of registration by name or number. | 83506 |
| (B) The Ohio nature preserves license plates and validation | 83507 |
| sticker shall be issued upon receipt of a contribution as provided | 83508 |
| in division (C) of this section and upon payment of the regular | 83509 |
| license fees as prescribed under section 4503.04 of the Revised | 83510 |
| Code, a bureau of motor vehicles administrative fee of ten | 83511 |
| dollars, any applicable motor vehicle tax levied under Chapter | 83512 |
| 4504. of the Revised Code, and compliance with all other | 83513 |
| applicable laws relating to the registration of motor vehicles. If | 83514 |
| the application for Ohio nature preserves license plates is | 83515 |
| combined with a request for a special reserved license plate under | 83516 |
| section 4503.40 or 4503.42 of the Revised Code, the license plates | 83517 |
| and validation sticker shall be issued upon payment of the | 83518 |
| contribution, fees, and taxes contained in this division and the | 83519 |
| additional fee prescribed under section 4503.40 or 4503.42 of the | 83520 |
| Revised Code. | 83521 |
| (C) For each application for registration and registration | 83522 |
| renewal submitted under this section, the registrar shall collect | 83523 |
| a contribution in an amount not to exceed forty dollars as | 83524 |
| determined by the department. The registrar shall transmit this | 83525 |
| contribution to the treasurer of state for deposit in the Ohio | 83526 |
| nature preserves fund created in section 4501.243 of the Revised | 83527 |
| Code. | 83528 |
| The registrar shall deposit the ten-dollar bureau | 83529 |
| administrative fee, the purpose of which is to compensate the | 83530 |
| bureau for additional services required in issuing Ohio nature | 83531 |
| preserves license plates, in the state bureau of motor vehicles | 83532 |
| fund created in section 4501.25 of the Revised Code. | 83533 |
| Sec. 4505.01. (A) As used in this chapter: | 83534 |
| (1) "Lien" includes, unless the context requires a different | 83535 |
| meaning, a security interest in a motor vehicle. | 83536 |
| (2) "Motor vehicle" includes manufactured homes, mobile | 83537 |
| homes, recreational vehicles, and trailers and semitrailers whose | 83538 |
| weight exceeds four thousand pounds. | 83539 |
| (3) "Manufactured home" has the same meaning as section | 83540 |
| 3781.06 of the Revised Code. | 83541 |
| (4) "Mobile home" has the same meaning as in section 4501.01 | 83542 |
| of the Revised Code. | 83543 |
| (5) "Manufactured housing dealer," "manufactured housing | 83544 |
| broker," and "manufactured housing salesperson" have the same | 83545 |
| meanings as in section 4781.01 of the Revised Code. | 83546 |
| (6) "Motor vehicle dealer" includes manufactured housing | 83547 |
| dealers. | 83548 |
| (7) "Motor vehicle salesperson" includes manufactured housing | 83549 |
| salespersons. | 83550 |
| (B) The various certificates, applications, and assignments | 83551 |
| necessary to provide certificates of title for manufactured homes, | 83552 |
| mobile homes, recreational vehicles, and trailers and semitrailers | 83553 |
| whose weight exceeds four thousand pounds, shall be made upon | 83554 |
| forms prescribed by the registrar of motor vehicles. | 83555 |
| Sec. 4505.06. (A)(1) Application for a certificate of title | 83556 |
| shall be made in a form prescribed by the registrar of motor | 83557 |
| vehicles and shall be sworn to before a notary public or other | 83558 |
| officer empowered to administer oaths. The application shall be | 83559 |
| filed with the clerk of any court of common pleas. An application | 83560 |
| for a certificate of title may be filed electronically by any | 83561 |
| electronic means approved by the registrar in any county with the | 83562 |
| clerk of the court of common pleas of that county. Any payments | 83563 |
| required by this chapter shall be considered as accompanying any | 83564 |
| electronically transmitted application when payment actually is | 83565 |
| received by the clerk. Payment of any fee or taxes may be made by | 83566 |
| electronic transfer of funds. | 83567 |
| (2) The application for a certificate of title shall be | 83568 |
| accompanied by the fee prescribed in section 4505.09 of the | 83569 |
| Revised Code. The fee shall be retained by the clerk who issues | 83570 |
| the certificate of title and shall be distributed in accordance | 83571 |
| with that section. If a clerk of a court of common pleas, other | 83572 |
| than the clerk of the court of common pleas of an applicant's | 83573 |
| county of residence, issues a certificate of title to the | 83574 |
| applicant, the clerk shall transmit data related to the | 83575 |
| transaction to the automated title processing system. | 83576 |
| (3) If a certificate of title previously has been issued for | 83577 |
| a motor vehicle in this state, the application for a certificate | 83578 |
| of title also shall be accompanied by that certificate of title | 83579 |
| duly assigned, unless otherwise provided in this chapter. If a | 83580 |
| certificate of title previously has not been issued for the motor | 83581 |
| vehicle in this state, the application, unless otherwise provided | 83582 |
| in this chapter, shall be accompanied by a manufacturer's or | 83583 |
| importer's certificate or by a certificate of title of another | 83584 |
| state from which the motor vehicle was brought into this state. If | 83585 |
| the application refers to a motor vehicle last previously | 83586 |
| registered in another state, the application also shall be | 83587 |
| accompanied by the physical inspection certificate required by | 83588 |
| section 4505.061 of the Revised Code. If the application is made | 83589 |
| by two persons regarding a motor vehicle in which they wish to | 83590 |
| establish joint ownership with right of survivorship, they may do | 83591 |
| so as provided in section 2131.12 of the Revised Code. If the | 83592 |
| applicant requests a designation of the motor vehicle in | 83593 |
| beneficiary form so that upon the death of the owner of the motor | 83594 |
| vehicle, ownership of the motor vehicle will pass to a designated | 83595 |
| transfer-on-death beneficiary or beneficiaries, the applicant may | 83596 |
| do so as provided in section 2131.13 of the Revised Code. A person | 83597 |
| who establishes ownership of a motor vehicle that is transferable | 83598 |
| on death in accordance with section 2131.13 of the Revised Code | 83599 |
| may terminate that type of ownership or change the designation of | 83600 |
| the transfer-on-death beneficiary or beneficiaries by applying for | 83601 |
| a certificate of title pursuant to this section. The clerk shall | 83602 |
| retain the evidence of title presented by the applicant and on | 83603 |
| which the certificate of title is issued, except that, if an | 83604 |
| application for a certificate of title is filed electronically by | 83605 |
| an electronic motor vehicle dealer on behalf of the purchaser of a | 83606 |
| motor vehicle, the clerk shall retain the completed electronic | 83607 |
| record to which the dealer converted the certificate of title | 83608 |
| application and other required documents. The registrar, after | 83609 |
| consultation with the attorney general, shall adopt rules that | 83610 |
| govern the location at which, and the manner in which, are stored | 83611 |
| the actual application and all other documents relating to the | 83612 |
| sale of a motor vehicle when an electronic motor vehicle dealer | 83613 |
| files the application for a certificate of title electronically on | 83614 |
| behalf of the purchaser. | 83615 |
| The clerk shall use reasonable diligence in ascertaining | 83616 |
| whether or not the facts in the application for a certificate of | 83617 |
| title are true by checking the application and documents | 83618 |
| accompanying it or the electronic record to which a dealer | 83619 |
| converted the application and accompanying documents with the | 83620 |
| records of motor vehicles in the clerk's office. If the clerk is | 83621 |
| satisfied that the applicant is the owner of the motor vehicle and | 83622 |
| that the application is in the proper form, the clerk, within five | 83623 |
| business days after the application is filed and except as | 83624 |
| provided in section 4505.021 of the Revised Code, shall issue a | 83625 |
| physical certificate of title over the clerk's signature and | 83626 |
| sealed with the clerk's seal, unless the applicant specifically | 83627 |
| requests the clerk not to issue a physical certificate of title | 83628 |
| and instead to issue an electronic certificate of title. For | 83629 |
| purposes of the transfer of a certificate of title, if the clerk | 83630 |
| is satisfied that the secured party has duly discharged a lien | 83631 |
| notation but has not canceled the lien notation with a clerk, the | 83632 |
| clerk may cancel the lien notation on the automated title | 83633 |
| processing system and notify the clerk of the county of origin. | 83634 |
| (4) In the case of the sale of a motor vehicle to a general | 83635 |
| buyer or user by a dealer, by a motor vehicle leasing dealer | 83636 |
| selling the motor vehicle to the lessee or, in a case in which the | 83637 |
| leasing dealer subleased the motor vehicle, the sublessee, at the | 83638 |
| end of the lease agreement or sublease agreement, or by a | 83639 |
|
manufactured
| 83640 |
| be obtained in the name of the buyer by the dealer, leasing | 83641 |
|
dealer,
or
manufactured | 83642 |
| upon application signed by the buyer. The certificate of title | 83643 |
| shall be issued, or the process of entering the certificate of | 83644 |
| title application information into the automated title processing | 83645 |
| system if a physical certificate of title is not to be issued | 83646 |
| shall be completed, within five business days after the | 83647 |
| application for title is filed with the clerk. If the buyer of the | 83648 |
| motor vehicle previously leased the motor vehicle and is buying | 83649 |
| the motor vehicle at the end of the lease pursuant to that lease, | 83650 |
| the certificate of title shall be obtained in the name of the | 83651 |
| buyer by the motor vehicle leasing dealer who previously leased | 83652 |
| the motor vehicle to the buyer or by the motor vehicle leasing | 83653 |
| dealer who subleased the motor vehicle to the buyer under a | 83654 |
| sublease agreement. | 83655 |
| In all other cases, except as provided in section 4505.032 | 83656 |
| and division (D)(2) of section 4505.11 of the Revised Code, such | 83657 |
| certificates shall be obtained by the buyer. | 83658 |
| (5)(a)(i) If the certificate of title is being obtained in | 83659 |
| the name of the buyer by a motor vehicle dealer or motor vehicle | 83660 |
| leasing dealer and there is a security interest to be noted on the | 83661 |
| certificate of title, the dealer or leasing dealer shall submit | 83662 |
| the application for the certificate of title and payment of the | 83663 |
| applicable tax to a clerk within seven business days after the | 83664 |
| later of the delivery of the motor vehicle to the buyer or the | 83665 |
| date the dealer or leasing dealer obtains the manufacturer's or | 83666 |
| importer's certificate, or certificate of title issued in the name | 83667 |
| of the dealer or leasing dealer, for the motor vehicle. Submission | 83668 |
| of the application for the certificate of title and payment of the | 83669 |
| applicable tax within the required seven business days may be | 83670 |
| indicated by postmark or receipt by a clerk within that period. | 83671 |
| (ii) Upon receipt of the certificate of title with the | 83672 |
| security interest noted on its face, the dealer or leasing dealer | 83673 |
| shall forward the certificate of title to the secured party at the | 83674 |
| location noted in the financing documents or otherwise specified | 83675 |
| by the secured party. | 83676 |
| (iii) A motor vehicle dealer or motor vehicle leasing dealer | 83677 |
| is liable to a secured party for a late fee of ten dollars per day | 83678 |
| for each certificate of title application and payment of the | 83679 |
| applicable tax that is submitted to a clerk more than seven | 83680 |
| business days but less than twenty-one days after the later of the | 83681 |
| delivery of the motor vehicle to the buyer or the date the dealer | 83682 |
| or leasing dealer obtains the manufacturer's or importer's | 83683 |
| certificate, or certificate of title issued in the name of the | 83684 |
| dealer or leasing dealer, for the motor vehicle and, from then on, | 83685 |
| twenty-five dollars per day until the application and applicable | 83686 |
| tax are submitted to a clerk. | 83687 |
| (b) In all cases of transfer of a motor vehicle except the | 83688 |
| transfer of a manufactured home, the application for certificate | 83689 |
| of title shall be filed within thirty days after the assignment | 83690 |
|
or
delivery of the
motor
vehicle. | 83691 |
| (c) An application for a certificate of title for a new | 83692 |
| manufactured home shall be filed within thirty days after the | 83693 |
| delivery of the new manufactured home to the purchaser. The date | 83694 |
| of the delivery shall be the date on which an occupancy permit for | 83695 |
| the manufactured home is delivered to the purchaser of the home by | 83696 |
| the appropriate legal authority. | 83697 |
| (d) An application for a certificate of title for a used | 83698 |
| manufactured home or a used mobile home shall be filed as follows: | 83699 |
| (i) If a certificate of title for the used manufactured home | 83700 |
| or used mobile home was issued to the motor vehicle dealer prior | 83701 |
| to the sale of the manufactured or mobile home to the purchaser, | 83702 |
| the application for certificate of title shall be filed within | 83703 |
| thirty days after the date on which an occupancy permit for the | 83704 |
| manufactured or mobile home is delivered to the purchaser by the | 83705 |
| appropriate legal authority. | 83706 |
| (ii) If the motor vehicle dealer has been designated by a | 83707 |
| secured party to display the manufactured or mobile home for sale, | 83708 |
| or to sell the manufactured or mobile home under section 4505.20 | 83709 |
| of the Revised Code, but the certificate of title has not been | 83710 |
| transferred by the secured party to the motor vehicle dealer, and | 83711 |
| the dealer has complied with the requirements of division (A) of | 83712 |
| section 4505.181 of the Revised Code, the application for | 83713 |
| certificate of title shall be filed within thirty days after the | 83714 |
| date on which the motor vehicle dealer obtains the certificate of | 83715 |
| title for the home from the secured party or the date on which an | 83716 |
| occupancy permit for the manufactured or mobile home is delivered | 83717 |
| to the purchaser by the appropriate legal authority, whichever | 83718 |
| occurs later. | 83719 |
| (6) If an application for a certificate of title is not filed | 83720 |
| within the period specified in division (A)(5)(b), (c), or (d) of | 83721 |
| this section, the clerk shall collect a fee of five dollars for | 83722 |
| the issuance of the certificate, except that no such fee shall be | 83723 |
| required from a motor vehicle salvage dealer, as defined in | 83724 |
| division (A) of section 4738.01 of the Revised Code, who | 83725 |
| immediately surrenders the certificate of title for cancellation. | 83726 |
| The fee shall be in addition to all other fees established by this | 83727 |
| chapter, and shall be retained by the clerk. The registrar shall | 83728 |
| provide, on the certificate of title form prescribed by section | 83729 |
| 4505.07 of the Revised Code, language necessary to give evidence | 83730 |
| of the date on which the assignment or delivery of the motor | 83731 |
| vehicle was made. | 83732 |
| | 83733 |
| agreement," "lessee," and "sublease agreement" have the same | 83734 |
| meanings as in section 4505.04 of the Revised Code and "new | 83735 |
| manufactured home," "used manufactured home," and "used mobile | 83736 |
| home" have the same meanings as in section 5739.021 of the Revised | 83737 |
| Code. | 83738 |
| (B)(1) The clerk, except as provided in this section, shall | 83739 |
| refuse to accept for filing any application for a certificate of | 83740 |
| title and shall refuse to issue a certificate of title unless the | 83741 |
|
dealer | 83742 |
| which the certificate shall be obtained by the buyer, submits with | 83743 |
| the application payment of the tax levied by or pursuant to | 83744 |
| Chapters 5739. and 5741. of the Revised Code based on the | 83745 |
| purchaser's county of residence. Upon payment of the tax in | 83746 |
| accordance with division (E) of this section, the clerk shall | 83747 |
| issue a receipt prescribed by the registrar and agreed upon by the | 83748 |
| tax commissioner showing payment of the tax or a receipt issued by | 83749 |
| the commissioner showing the payment of the tax. When submitting | 83750 |
| payment of the tax to the clerk, a dealer shall retain any | 83751 |
| discount to which the dealer is entitled under section 5739.12 of | 83752 |
| the Revised Code. | 83753 |
| (2) For receiving and disbursing such taxes paid to the clerk | 83754 |
| by a resident of the clerk's county, the clerk may retain a | 83755 |
| poundage fee of one and one one-hundredth per cent, and the clerk | 83756 |
| shall pay the poundage fee into the certificate of title | 83757 |
| administration fund created by section 325.33 of the Revised Code. | 83758 |
| The clerk shall not retain a poundage fee from payments of taxes | 83759 |
| by persons who do not reside in the clerk's county. | 83760 |
| A clerk, however, may retain from the taxes paid to the clerk | 83761 |
| an amount equal to the poundage fees associated with certificates | 83762 |
| of title issued by other clerks of courts of common pleas to | 83763 |
| applicants who reside in the first clerk's county. The registrar, | 83764 |
| in consultation with the tax commissioner and the clerks of the | 83765 |
| courts of common pleas, shall develop a report from the automated | 83766 |
| title processing system that informs each clerk of the amount of | 83767 |
| the poundage fees that the clerk is permitted to retain from those | 83768 |
| taxes because of certificates of title issued by the clerks of | 83769 |
| other counties to applicants who reside in the first clerk's | 83770 |
| county. | 83771 |
| (3) In the case of casual sales of motor vehicles, as defined | 83772 |
| in section 4517.01 of the Revised Code, the price for the purpose | 83773 |
| of determining the tax shall be the purchase price on the assigned | 83774 |
| certificate of title executed by the seller and filed with the | 83775 |
| clerk by the buyer on a form to be prescribed by the registrar, | 83776 |
| which shall be prima-facie evidence of the amount for the | 83777 |
| determination of the tax. | 83778 |
| (4) Each county clerk shall forward to the treasurer of state | 83779 |
| all sales and use tax collections resulting from sales of motor | 83780 |
| vehicles, off-highway motorcycles, and all-purpose vehicles during | 83781 |
| a calendar week on or before the Friday following the close of | 83782 |
| that week. If, on any Friday, the offices of the clerk of courts | 83783 |
| or the state are not open for business, the tax shall be forwarded | 83784 |
| to the treasurer of state on or before the next day on which the | 83785 |
| offices are open. Every remittance of tax under division (B)(4) of | 83786 |
| this section shall be accompanied by a remittance report in such | 83787 |
| form as the tax commissioner prescribes. Upon receipt of a tax | 83788 |
| remittance and remittance report, the treasurer of state shall | 83789 |
| date stamp the report and forward it to the tax commissioner. If | 83790 |
| the tax due for any week is not remitted by a clerk of courts as | 83791 |
| required under division (B)(4) of this section, the commissioner | 83792 |
| may require the clerk to forfeit the poundage fees for the sales | 83793 |
| made during that week. The treasurer of state may require the | 83794 |
| clerks of courts to transmit tax collections and remittance | 83795 |
| reports electronically. | 83796 |
| (C)(1) If the transferor indicates on the certificate of | 83797 |
| title that the odometer reflects mileage in excess of the designed | 83798 |
| mechanical limit of the odometer, the clerk shall enter the phrase | 83799 |
| "exceeds mechanical limits" following the mileage designation. If | 83800 |
| the transferor indicates on the certificate of title that the | 83801 |
| odometer reading is not the actual mileage, the clerk shall enter | 83802 |
| the phrase "nonactual: warning - odometer discrepancy" following | 83803 |
| the mileage designation. The clerk shall use reasonable care in | 83804 |
| transferring the information supplied by the transferor, but is | 83805 |
| not liable for any errors or omissions of the clerk or those of | 83806 |
| the clerk's deputies in the performance of the clerk's duties | 83807 |
| created by this chapter. | 83808 |
| The registrar shall prescribe an affidavit in which the | 83809 |
| transferor shall swear to the true selling price and, except as | 83810 |
| provided in this division, the true odometer reading of the motor | 83811 |
| vehicle. The registrar may prescribe an affidavit in which the | 83812 |
| seller and buyer provide information pertaining to the odometer | 83813 |
| reading of the motor vehicle in addition to that required by this | 83814 |
| section, as such information may be required by the United States | 83815 |
| secretary of transportation by rule prescribed under authority of | 83816 |
| subchapter IV of the "Motor Vehicle Information and Cost Savings | 83817 |
| Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 83818 |
| (2) Division (C)(1) of this section does not require the | 83819 |
| giving of information concerning the odometer and odometer reading | 83820 |
| of a motor vehicle when ownership of a motor vehicle is being | 83821 |
| transferred as a result of a bequest, under the laws of intestate | 83822 |
| succession, to a survivor pursuant to section 2106.18, 2131.12, or | 83823 |
| 4505.10 of the Revised Code, to a transfer-on-death beneficiary or | 83824 |
| beneficiaries pursuant to section 2131.13 of the Revised Code, in | 83825 |
| connection with the creation of a security interest or for a | 83826 |
| vehicle with a gross vehicle weight rating of more than sixteen | 83827 |
| thousand pounds. | 83828 |
| (D) When the transfer to the applicant was made in some other | 83829 |
| state or in interstate commerce, the clerk, except as provided in | 83830 |
| this section, shall refuse to issue any certificate of title | 83831 |
| unless the tax imposed by or pursuant to Chapter 5741. of the | 83832 |
| Revised Code based on the purchaser's county of residence has been | 83833 |
| paid as evidenced by a receipt issued by the tax commissioner, or | 83834 |
| unless the applicant submits with the application payment of the | 83835 |
| tax. Upon payment of the tax in accordance with division (E) of | 83836 |
| this section, the clerk shall issue a receipt prescribed by the | 83837 |
| registrar and agreed upon by the tax commissioner, showing payment | 83838 |
| of the tax. | 83839 |
| For receiving and disbursing such taxes paid to the clerk by | 83840 |
| a resident of the clerk's county, the clerk may retain a poundage | 83841 |
| fee of one and one one-hundredth per cent. The clerk shall not | 83842 |
| retain a poundage fee from payments of taxes by persons who do not | 83843 |
| reside in the clerk's county. | 83844 |
| A clerk, however, may retain from the taxes paid to the clerk | 83845 |
| an amount equal to the poundage fees associated with certificates | 83846 |
| of title issued by other clerks of courts of common pleas to | 83847 |
| applicants who reside in the first clerk's county. The registrar, | 83848 |
| in consultation with the tax commissioner and the clerks of the | 83849 |
| courts of common pleas, shall develop a report from the automated | 83850 |
| title processing system that informs each clerk of the amount of | 83851 |
| the poundage fees that the clerk is permitted to retain from those | 83852 |
| taxes because of certificates of title issued by the clerks of | 83853 |
| other counties to applicants who reside in the first clerk's | 83854 |
| county. | 83855 |
| When the vendor is not regularly engaged in the business of | 83856 |
| selling motor vehicles, the vendor shall not be required to | 83857 |
| purchase a vendor's license or make reports concerning those | 83858 |
| sales. | 83859 |
| (E) The clerk shall accept any payment of a tax in cash, or | 83860 |
| by cashier's check, certified check, draft, money order, or teller | 83861 |
| check issued by any insured financial institution payable to the | 83862 |
| clerk and submitted with an application for a certificate of title | 83863 |
| under division (B) or (D) of this section. The clerk also may | 83864 |
| accept payment of the tax by corporate, business, or personal | 83865 |
| check, credit card, electronic transfer or wire transfer, debit | 83866 |
| card, or any other accepted form of payment made payable to the | 83867 |
| clerk. The clerk may require bonds, guarantees, or letters of | 83868 |
| credit to ensure the collection of corporate, business, or | 83869 |
| personal checks. Any service fee charged by a third party to a | 83870 |
| clerk for the use of any form of payment may be paid by the clerk | 83871 |
| from the certificate of title administration fund created in | 83872 |
| section 325.33 of the Revised Code, or may be assessed by the | 83873 |
| clerk upon the applicant as an additional fee. Upon collection, | 83874 |
| the additional fees shall be paid by the clerk into that | 83875 |
| certificate of title administration fund. | 83876 |
| The clerk shall make a good faith effort to collect any | 83877 |
| payment of taxes due but not made because the payment was returned | 83878 |
| or dishonored, but the clerk is not personally liable for the | 83879 |
| payment of uncollected taxes or uncollected fees. The clerk shall | 83880 |
| notify the tax commissioner of any such payment of taxes that is | 83881 |
| due but not made and shall furnish the information to the | 83882 |
| commissioner that the commissioner requires. The clerk shall | 83883 |
| deduct the amount of taxes due but not paid from the clerk's | 83884 |
| periodic remittance of tax payments, in accordance with procedures | 83885 |
| agreed upon by the tax commissioner. The commissioner may collect | 83886 |
| taxes due by assessment in the manner provided in section 5739.13 | 83887 |
| of the Revised Code. | 83888 |
| Any person who presents payment that is returned or | 83889 |
| dishonored for any reason is liable to the clerk for payment of a | 83890 |
| penalty over and above the amount of the taxes due. The clerk | 83891 |
| shall determine the amount of the penalty, and the penalty shall | 83892 |
| be no greater than that amount necessary to compensate the clerk | 83893 |
| for banking charges, legal fees, or other expenses incurred by the | 83894 |
| clerk in collecting the returned or dishonored payment. The | 83895 |
| remedies and procedures provided in this section are in addition | 83896 |
| to any other available civil or criminal remedies. Subsequently | 83897 |
| collected penalties, poundage fees, and title fees, less any title | 83898 |
| fee due the state, from returned or dishonored payments collected | 83899 |
| by the clerk shall be paid into the certificate of title | 83900 |
| administration fund. Subsequently collected taxes, less poundage | 83901 |
| fees, shall be sent by the clerk to the treasurer of state at the | 83902 |
| next scheduled periodic remittance of tax payments, with | 83903 |
| information as the commissioner may require. The clerk may abate | 83904 |
| all or any part of any penalty assessed under this division. | 83905 |
| (F) In the following cases, the clerk shall accept for | 83906 |
| filing an application and shall issue a certificate of title | 83907 |
| without requiring payment or evidence of payment of the tax: | 83908 |
| (1) When the purchaser is this state or any of its political | 83909 |
| subdivisions, a church, or an organization whose purchases are | 83910 |
| exempted by section 5739.02 of the Revised Code; | 83911 |
| (2) When the transaction in this state is not a retail sale | 83912 |
| as defined by section 5739.01 of the Revised Code; | 83913 |
| (3) When the purchase is outside this state or in interstate | 83914 |
| commerce and the purpose of the purchaser is not to use, store, or | 83915 |
| consume within the meaning of section 5741.01 of the Revised Code; | 83916 |
| (4) When the purchaser is the federal government; | 83917 |
| (5) When the motor vehicle was purchased outside this state | 83918 |
| for use outside this state; | 83919 |
| (6) When the motor vehicle is purchased by a nonresident | 83920 |
| under the circumstances described in division (B)(1) of section | 83921 |
| 5739.029 of the Revised Code, and upon presentation of a copy of | 83922 |
| the affidavit provided by that section, and a copy of the | 83923 |
| exemption certificate provided by section 5739.03 of the Revised | 83924 |
| Code. | 83925 |
| (G) An application, as prescribed by the registrar and agreed | 83926 |
| to by the tax commissioner, shall be filled out and sworn to by | 83927 |
| the buyer of a motor vehicle in a casual sale. The application | 83928 |
| shall contain the following notice in bold lettering: "WARNING TO | 83929 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by | 83930 |
| law to state the true selling price. A false statement is in | 83931 |
| violation of section 2921.13 of the Revised Code and is punishable | 83932 |
| by six months' imprisonment or a fine of up to one thousand | 83933 |
| dollars, or both. All transfers are audited by the department of | 83934 |
| taxation. The seller and buyer must provide any information | 83935 |
| requested by the department of taxation. The buyer may be assessed | 83936 |
| any additional tax found to be due." | 83937 |
| (H) For sales of manufactured homes or mobile homes occurring | 83938 |
| on or after January 1, 2000, the clerk shall accept for filing, | 83939 |
| pursuant to Chapter 5739. of the Revised Code, an application for | 83940 |
| a certificate of title for a manufactured home or mobile home | 83941 |
| without requiring payment of any tax pursuant to section 5739.02, | 83942 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt | 83943 |
| issued by the tax commissioner showing payment of the tax. For | 83944 |
| sales of manufactured homes or mobile homes occurring on or after | 83945 |
| January 1, 2000, the applicant shall pay to the clerk an | 83946 |
| additional fee of five dollars for each certificate of title | 83947 |
| issued by the clerk for a manufactured or mobile home pursuant to | 83948 |
| division (H) of section 4505.11 of the Revised Code and for each | 83949 |
| certificate of title issued upon transfer of ownership of the | 83950 |
| home. The clerk shall credit the fee to the county certificate of | 83951 |
| title administration fund, and the fee shall be used to pay the | 83952 |
| expenses of archiving those certificates pursuant to division (A) | 83953 |
| of section 4505.08 and division (H)(3) of section 4505.11 of the | 83954 |
| Revised Code. The tax commissioner shall administer any tax on a | 83955 |
| manufactured or mobile home pursuant to Chapters 5739. and 5741. | 83956 |
| of the Revised Code. | 83957 |
| (I) Every clerk shall have the capability to transact by | 83958 |
| electronic means all procedures and transactions relating to the | 83959 |
| issuance of motor vehicle certificates of title that are described | 83960 |
| in the Revised Code as being accomplished by electronic means. | 83961 |
| Sec. 4505.062. Notwithstanding any general requirement in | 83962 |
| this chapter to the effect that an application for a certificate | 83963 |
| of title to a motor vehicle shall be "sworn to" or shall be "sworn | 83964 |
| to before a notary public or other officer empowered to administer | 83965 |
| oaths," that requirement shall apply only in the case of a | 83966 |
| transfer of a motor vehicle between parties in the course of a | 83967 |
|
casual sale, as defined in | 83968 |
| the Revised Code. | 83969 |
| Sec. 4505.09. (A)(1) The clerk of a court of common pleas | 83970 |
| shall charge and retain fees as follows: | 83971 |
| (a) Five dollars for each certificate of title that is not | 83972 |
| applied for within thirty days after the later of the assignment | 83973 |
| or delivery of the motor vehicle described in it. The entire fee | 83974 |
| shall be retained by the clerk. | 83975 |
| (b) Fifteen dollars for each certificate of title or | 83976 |
| duplicate certificate of title including the issuance of a | 83977 |
| memorandum certificate of title, or authorization to print a | 83978 |
| non-negotiable evidence of ownership described in division (G) of | 83979 |
| section 4505.08 of the Revised Code, non-negotiable evidence of | 83980 |
| ownership printed by the clerk under division (H) of that section, | 83981 |
| and notation of any lien on a certificate of title that is applied | 83982 |
| for at the same time as the certificate of title. The clerk shall | 83983 |
| retain eleven dollars and fifty cents of that fee for each | 83984 |
| certificate of title when there is a notation of a lien or | 83985 |
| security interest on the certificate of title, twelve dollars and | 83986 |
| twenty-five cents when there is no lien or security interest noted | 83987 |
| on the certificate of title, and eleven dollars and fifty cents | 83988 |
| for each duplicate certificate of title. | 83989 |
| (c) Five dollars for each certificate of title with no | 83990 |
| security interest noted that is issued to a licensed motor vehicle | 83991 |
| dealer for resale purposes. The clerk shall retain two dollars and | 83992 |
| twenty-five cents of that fee. | 83993 |
| (d) Five dollars for each memorandum certificate of title or | 83994 |
| non-negotiable evidence of ownership that is applied for | 83995 |
| separately. The clerk shall retain that entire fee. | 83996 |
| (2) The fees that are not retained by the clerk shall be | 83997 |
| paid to the registrar of motor vehicles by monthly returns, which | 83998 |
| shall be forwarded to the registrar not later than the fifth day | 83999 |
| of the month next succeeding that in which the certificate is | 84000 |
| issued or that in which the registrar is notified of a lien or | 84001 |
| cancellation of a lien. | 84002 |
| (B)(1) The registrar shall pay twenty-five cents of the | 84003 |
| amount received for each certificate of title issued to a motor | 84004 |
|
vehicle dealer for resale | 84005 |
| certificates of title issued with a lien or security interest | 84006 |
| noted on the certificate of title, and twenty-five cents for each | 84007 |
| certificate of title with no lien or security interest noted on | 84008 |
| the certificate of title into the state bureau of motor vehicles | 84009 |
| fund established in section 4501.25 of the Revised Code. | 84010 |
| (2) Fifty cents of the amount received for each certificate | 84011 |
| of title shall be paid by the registrar as follows: | 84012 |
| (a) Four cents shall be paid into the state treasury to the | 84013 |
| credit of the motor vehicle dealers board fund, which is hereby | 84014 |
| created. All investment earnings of the fund shall be credited to | 84015 |
| the fund. The moneys in the motor vehicle dealers board fund shall | 84016 |
| be used by the motor vehicle dealers board created under section | 84017 |
| 4517.30 of the Revised Code, together with other moneys | 84018 |
| appropriated to it, in the exercise of its powers and the | 84019 |
| performance of its duties under Chapter 4517. of the Revised Code, | 84020 |
| except that the director of budget and management may transfer | 84021 |
| excess money from the motor vehicle dealers board fund to the | 84022 |
| bureau of motor vehicles fund if the registrar determines that the | 84023 |
| amount of money in the motor vehicle dealers board fund, together | 84024 |
| with other moneys appropriated to the board, exceeds the amount | 84025 |
| required for the exercise of its powers and the performance of its | 84026 |
| duties under Chapter 4517. of the Revised Code and requests the | 84027 |
| director to make the transfer. | 84028 |
| (b) Twenty-one cents shall be paid into the highway operating | 84029 |
| fund. | 84030 |
| (c) Twenty-five cents shall be paid into the state treasury | 84031 |
| to the credit of the motor vehicle sales audit fund, which is | 84032 |
| hereby created. The moneys in the fund shall be used by the tax | 84033 |
| commissioner together with other funds available to the | 84034 |
| commissioner to conduct a continuing investigation of sales and | 84035 |
| use tax returns filed for motor vehicles in order to determine if | 84036 |
| sales and use tax liability has been satisfied. The commissioner | 84037 |
| shall refer cases of apparent violations of section 2921.13 of the | 84038 |
| Revised Code made in connection with the titling or sale of a | 84039 |
| motor vehicle and cases of any other apparent violations of the | 84040 |
| sales or use tax law to the appropriate county prosecutor whenever | 84041 |
| the commissioner considers it advisable. | 84042 |
| (3) Two dollars of the amount received by the registrar for | 84043 |
| each certificate of title shall be paid into the state treasury to | 84044 |
| the credit of the automated title processing fund, which is hereby | 84045 |
| created and which shall consist of moneys collected under division | 84046 |
| (B)(3) of this section and under sections 1548.10 and 4519.59 of | 84047 |
| the Revised Code. All investment earnings of the fund shall be | 84048 |
| credited to the fund. The moneys in the fund shall be used as | 84049 |
| follows: | 84050 |
| (a) Except for moneys collected under section 1548.10 of the | 84051 |
| Revised Code and as provided in division (B)(3)(c) of this | 84052 |
| section, moneys collected under division (B)(3) of this section | 84053 |
| shall be used to implement and maintain an automated title | 84054 |
| processing system for the issuance of motor vehicle, off-highway | 84055 |
| motorcycle, and all-purpose vehicle certificates of title in the | 84056 |
| offices of the clerks of the courts of common pleas. | 84057 |
| (b) Moneys collected under section 1548.10 of the Revised | 84058 |
| Code shall be used to issue marine certificates of title in the | 84059 |
| offices of the clerks of the courts of common pleas as provided in | 84060 |
| Chapter 1548. of the Revised Code. | 84061 |
| (c) Moneys collected under division (B)(3) of this section | 84062 |
| shall be used in accordance with section 4505.25 of the Revised | 84063 |
| Code to implement Sub. S.B. 59 of the 124th general assembly. | 84064 |
| (C)(1) The automated title processing board is hereby created | 84065 |
| consisting of the registrar or the registrar's representative, a | 84066 |
| person selected by the registrar, the president of the Ohio clerks | 84067 |
| of court association or the president's representative, and two | 84068 |
| clerks of courts of common pleas appointed by the governor. The | 84069 |
| director of budget and management or the director's designee, the | 84070 |
| chief of the division of watercraft in the department of natural | 84071 |
| resources or the chief's designee, and the tax commissioner or | 84072 |
| the commissioner's designee shall be nonvoting members of the | 84073 |
| board. The purpose of the board is to facilitate the operation | 84074 |
| and maintenance of an automated title processing system and | 84075 |
| approve the procurement of automated title processing system | 84076 |
| equipment. Voting members of the board, excluding the registrar | 84077 |
| or the registrar's representative, shall serve without | 84078 |
| compensation, but shall be reimbursed for travel and other | 84079 |
| necessary expenses incurred in the conduct of their official | 84080 |
| duties. The registrar or the registrar's representative shall | 84081 |
| receive neither compensation nor reimbursement as a board | 84082 |
| member. | 84083 |
| (2) The automated title processing board shall determine each | 84084 |
| of the following: | 84085 |
| (a) The automated title processing equipment and certificates | 84086 |
| of title requirements for each county; | 84087 |
| (b) The payment of expenses that may be incurred by the | 84088 |
| counties in implementing an automated title processing system; | 84089 |
| (c) The repayment to the counties for existing title | 84090 |
| processing equipment. | 84091 |
| (3) The registrar shall purchase, lease, or otherwise acquire | 84092 |
| any automated title processing equipment and certificates of title | 84093 |
| that the board determines are necessary from moneys in the | 84094 |
| automated title processing fund established by division (B)(3) of | 84095 |
| this section. | 84096 |
| (D) All counties shall conform to the requirements of the | 84097 |
| registrar regarding the operation of their automated title | 84098 |
| processing system for motor vehicle titles, certificates of title | 84099 |
| for off-highway motorcycles and all-purpose vehicles, and | 84100 |
| certificates of title for watercraft and outboard motors. | 84101 |
| Sec. 4505.111. (A) Every motor vehicle, other than a | 84102 |
| manufactured home, a mobile home, or a motor vehicle as provided | 84103 |
| in divisions (C), (D), and (E) of section 4505.11 of the Revised | 84104 |
| Code, that is assembled from component parts by a person other | 84105 |
| than the manufacturer, shall be inspected by the state highway | 84106 |
| patrol prior to issuance of title to the motor vehicle. The | 84107 |
| inspection shall include establishing proof of ownership and an | 84108 |
| inspection of the motor number and vehicle identification number | 84109 |
| of the motor vehicle, and any items of equipment the director of | 84110 |
| public safety considers advisable and requires to be inspected by | 84111 |
| rule. A fee of forty dollars in fiscal year 1998 and fifty dollars | 84112 |
| in fiscal year 1999 and thereafter shall be assessed by the state | 84113 |
| highway patrol for each inspection made pursuant to this section, | 84114 |
| and shall be deposited in the state highway safety fund | 84115 |
| established by section 4501.06 of the Revised Code. | 84116 |
| (B) Whoever violates this section shall be fined not more | 84117 |
| than two thousand dollars, imprisoned not more than one year, or | 84118 |
| both. | 84119 |
| Sec. 4505.181. (A) Notwithstanding divisions (A)(2), (5), | 84120 |
| and (6) of section 4505.18 of the Revised Code, a motor vehicle | 84121 |
| dealer or person acting on behalf of a motor vehicle dealer may | 84122 |
| display, offer for sale, or sell a used motor vehicle, used | 84123 |
| manufactured home, or used mobile home without having first | 84124 |
| obtained a certificate of title for the vehicle in the name of the | 84125 |
| dealer as required by this chapter if the dealer or person acting | 84126 |
| on behalf of the dealer complies with divisions (A)(1)(a) and (2) | 84127 |
| of this section, or divisions (A)(1)(b) and (2) of this section, | 84128 |
| as follows: | 84129 |
| (1)(a) If the dealer has been licensed as a motor vehicle | 84130 |
| dealer or manufactured housing dealer for less than the three-year | 84131 |
| period prior to the date on which the dealer or person acting on | 84132 |
| behalf of the dealer displays, offers for sale, or sells the used | 84133 |
| motor vehicle for which the dealer has not obtained a certificate | 84134 |
| of title in the name of the dealer, or if the attorney general has | 84135 |
| paid a retail purchaser of the dealer under division (C) of this | 84136 |
| section within three years prior to such date, the dealer posts | 84137 |
| with the attorney general's office in favor of this state a bond | 84138 |
| of a surety company authorized to do business in this state, in an | 84139 |
| amount of not less than twenty-five thousand dollars, to be used | 84140 |
| solely for the purpose of compensating retail purchasers of motor | 84141 |
| vehicles, manufactured homes, or mobile homes who suffer damages | 84142 |
| due to failure of the dealer or person acting on behalf of the | 84143 |
| dealer to comply with this section. The dealer's surety shall | 84144 |
| notify the registrar and attorney general when a bond is canceled | 84145 |
| and shall notify the manufactured homes commission and the | 84146 |
| attorney general when a bond of a manufactured housing dealer is | 84147 |
| canceled. Such notification of cancellation shall include the | 84148 |
| effective date of and reason for cancellation. | 84149 |
| (b) If the dealer has been licensed as a motor vehicle dealer | 84150 |
| or manufactured housing dealer for longer than the three-year | 84151 |
| period prior to the date on which the dealer or person acting on | 84152 |
| behalf of the dealer displays, offers for sale, or sells the used | 84153 |
| motor vehicle, used manufactured home, or used mobile home for | 84154 |
| which the dealer has not obtained a certificate of title in the | 84155 |
| name of the dealer and the attorney general has not paid a retail | 84156 |
| purchaser of the dealer under division (C) of this section within | 84157 |
| three years prior to such date, the dealer pays one hundred fifty | 84158 |
| dollars to the attorney general for deposit into the title defect | 84159 |
| recision fund created by section 1345.52 of the Revised Code. | 84160 |
| (2) The dealer or person acting on behalf of the dealer | 84161 |
| possesses a bill of sale for each motor vehicle, used manufactured | 84162 |
| home, and used mobile home proposed to be displayed, offered for | 84163 |
| sale, or sold under this section and a properly executed power of | 84164 |
| attorney or other related documents from the prior owner of the | 84165 |
| motor vehicle, manufactured home, or mobile home giving the dealer | 84166 |
| or person acting on behalf of the dealer authority to have a | 84167 |
| certificate of title to the motor vehicle, manufactured home, or | 84168 |
| mobile home issued in the name of the dealer, and retains copies | 84169 |
| of all such documents in the dealer's or person's files until such | 84170 |
| time as a certificate of title in the dealer's name is issued for | 84171 |
| each such motor vehicle, manufactured home, or mobile home by the | 84172 |
| clerk of the court of common pleas. Such documents shall be | 84173 |
| available for inspection by the bureau of motor vehicles and the | 84174 |
| manufactured homes commission during normal business hours. | 84175 |
| (B) If a retail purchaser purchases a motor vehicle, used | 84176 |
| manufactured home, or used mobile home for which the dealer, | 84177 |
| pursuant to and in accordance with division (A) of this section, | 84178 |
| does not have a certificate of title issued in the name of the | 84179 |
| dealer at the time of the sale, the retail purchaser has an | 84180 |
| unconditional right to rescind the transaction and the dealer has | 84181 |
| an obligation to refund to the retail purchaser the full purchase | 84182 |
| price of the vehicle, if one of the following applies: | 84183 |
| (1) The dealer fails, on or before the fortieth day following | 84184 |
| the date of the sale, to obtain a title in the name of the retail | 84185 |
| purchaser. | 84186 |
| (2) The title for the vehicle indicates that it is a rebuilt | 84187 |
| salvage vehicle, and the fact that it is a rebuilt salvage vehicle | 84188 |
| was not disclosed to the retail purchaser in writing prior to the | 84189 |
| execution of the purchase agreement. | 84190 |
| (3) The title for the vehicle indicates that the dealer has | 84191 |
| made an inaccurate odometer disclosure to the retail purchaser. | 84192 |
| (4) The motor vehicle is a used manufactured home or used | 84193 |
| mobile home, as defined by section 5739.021 of the Revised Code, | 84194 |
| that has been repossessed under Chapter 1309. or 1317. of the | 84195 |
| Revised Code, but a certificate of title for the repossessed home | 84196 |
| has not yet been transferred by the repossessing party to the | 84197 |
| dealer on the date the retail purchaser purchases the used | 84198 |
| manufactured home or used mobile home from the dealer, and the | 84199 |
| dealer fails to obtain a certificate of title on or before the | 84200 |
| fortieth day after the dealer obtains the certificate of title for | 84201 |
| the home from the repossessing party or the date on which an | 84202 |
| occupancy permit for the home is delivered to the purchaser by the | 84203 |
| appropriate legal authority, whichever occurs later. | 84204 |
| If any of the circumstances described in divisions (B)(1) to | 84205 |
| 84206 | |
| purchaser's representative shall notify the dealer and afford the | 84207 |
| dealer the opportunity to comply with the dealer's obligation to | 84208 |
| refund the full purchase price of the motor vehicle. Nothing in | 84209 |
| this division shall be construed as prohibiting the dealer and the | 84210 |
| retail purchaser or their representatives from negotiating a | 84211 |
| compromise resolution that is satisfactory to both parties. | 84212 |
| (C) If a retail purchaser notifies a dealer of one or more of | 84213 |
| the circumstances listed in division (B) of this section and the | 84214 |
| dealer fails to refund to the retail purchaser the full purchase | 84215 |
| price of the vehicle or reach a satisfactory compromise with the | 84216 |
| retail purchaser within three business days of presentation of the | 84217 |
| retail purchaser's recision claim, the retail purchaser may apply | 84218 |
| to the attorney general for payment from the fund of the full | 84219 |
| purchase price to the retail purchaser. | 84220 |
| (D) Upon application by a retail purchaser for payment from | 84221 |
| the fund, if the attorney general is satisfied that one or more of | 84222 |
|
the circumstances contained in divisions
(B)(1) to | 84223 |
| section exist, the attorney general shall cause the full purchase | 84224 |
| price of the vehicle, manufactured home, or mobile home to be paid | 84225 |
| to the retail purchaser from the fund after delivery of the | 84226 |
| vehicle, manufactured home, or mobile home to the attorney | 84227 |
| general. The attorney general may sell or otherwise dispose of any | 84228 |
| vehicle, manufactured home, or mobile home that is delivered to | 84229 |
| the attorney general under this section, and may collect the | 84230 |
| proceeds of any bond posted under division (A) of this section by | 84231 |
| a dealer who has failed to comply with division (C) of this | 84232 |
| section. The proceeds from all such sales and collections shall | 84233 |
| be deposited into the title defect recision fund for use as | 84234 |
| specified in section 1345.52 of the Revised Code. | 84235 |
| (E) Failure by a dealer to comply with division (A) or (B) of | 84236 |
| this section constitutes a deceptive act or practice in connection | 84237 |
| with a consumer transaction, and is a violation of section 1345.02 | 84238 |
| of the Revised Code. | 84239 |
| (F) The remedy provided in this section to retail purchasers | 84240 |
| is in addition to any remedies otherwise available to the retail | 84241 |
| purchaser for the same conduct of the dealer or person acting on | 84242 |
| behalf of the dealer under federal law or the laws of this state | 84243 |
| or a political subdivision of this state. | 84244 |
| (G) All motor vehicle dealers licensed under Chapter 4517. of | 84245 |
| the Revised Code and manufactured housing dealers licensed under | 84246 |
| Chapter 4781. of the Revised Code shall pay to the attorney | 84247 |
| general for deposit into the title defect recision fund the amount | 84248 |
| described in division (A)(1)(b) of this section beginning with the | 84249 |
| calendar year during which this section becomes effective and each | 84250 |
| year subsequent to that year until the balance in the fund is not | 84251 |
| less than three hundred thousand dollars. All such dealers also | 84252 |
| shall pay to the attorney general for deposit into the fund that | 84253 |
| amount during any year and subsequent years during which the | 84254 |
| balance in the fund is less than three hundred thousand dollars | 84255 |
| until the balance in the fund reaches three hundred thousand | 84256 |
| dollars. | 84257 |
| If a motor vehicle dealer or manufactured housing dealer | 84258 |
| fails to comply with this division, the attorney general may bring | 84259 |
| a civil action in a court of competent jurisdiction to collect the | 84260 |
| amount the dealer failed to pay to the attorney general for | 84261 |
| deposit into the fund. | 84262 |
| Sec. 4505.20. (A) Notwithstanding division (A)(2) of section | 84263 |
| 4505.18 of the Revised Code or any other provision of this chapter | 84264 |
| or Chapter 4517. of the Revised Code, a secured party may | 84265 |
| designate any dealer to display, display for sale, or sell a | 84266 |
| manufactured or mobile home if the home has come into the | 84267 |
| possession of that secured party by a default in the terms of a | 84268 |
| security instrument and the certificate of title remains in the | 84269 |
| name and possession of the secured party. | 84270 |
| (B) Notwithstanding division (A)(2) of section 4505.18 of the | 84271 |
| Revised Code or any other provision of this chapter or Chapter | 84272 |
| 4517. of the Revised Code, the owner of a recreational vehicle or | 84273 |
| a secured party of a recreational vehicle who has come into | 84274 |
| possession of the vehicle by a default in the terms of a security | 84275 |
| instrument, may designate any dealer to display, display for sale, | 84276 |
| or sell the vehicle while the certificate of title remains in the | 84277 |
| possession of the owner or secured party. No dealer may display or | 84278 |
| offer for sale more than five recreational vehicles at any time | 84279 |
| under this division. No dealer may display or offer for sale a | 84280 |
| recreational vehicle under this division unless the dealer | 84281 |
| maintains insurance or the bond of a surety company authorized to | 84282 |
| transact business within this state in an amount sufficient to | 84283 |
| satisfy the fair market value of the vehicle. | 84284 |
| (C) The registrar of motor vehicles may adopt rules in | 84285 |
| accordance with Chapter 119. of the Revised Code prescribing the | 84286 |
| maximum number of manufactured or mobile homes that have come into | 84287 |
| the possession of a secured party by a default in the terms of a | 84288 |
| security instrument that any dealer may display or offer for sale | 84289 |
| at any time. The registrar may adopt other reasonable rules | 84290 |
| regarding the resale of such manufactured homes, mobile homes, and | 84291 |
| recreational vehicles that the registrar considers necessary. | 84292 |
| (D) The secured party or owner shall provide the dealer with | 84293 |
| written authorization to display, display for sale, or sell the | 84294 |
| manufactured home, mobile home, or recreational vehicle. The | 84295 |
| dealer shall show and explain the written authorization to any | 84296 |
| prospective purchaser. The written authorization shall contain the | 84297 |
| vehicle identification number, make, model, year of manufacture, | 84298 |
| and physical description of the manufactured home, mobile home, or | 84299 |
| recreational vehicle that is provided to the dealer. | 84300 |
| (E) As used in this section,
"dealer" means a | 84301 |
| 84302 | |
| 84303 |
| (F) Whoever violates this section shall be fined not more | 84304 |
| than two hundred dollars, imprisoned not more than ninety days, or | 84305 |
| both. | 84306 |
| Sec. 4507.03. (A)(1) No person shall be required to obtain | 84307 |
| a driver's or commercial driver's license for the purpose of | 84308 |
| temporarily driving, operating, drawing, moving, or propelling a | 84309 |
| road roller or road machinery upon a street or highway. | 84310 |
| (2) No person shall be required to obtain a driver's or | 84311 |
| commercial driver's license for the purpose of temporarily | 84312 |
| driving, operating, drawing, moving, or propelling any | 84313 |
| agricultural tractor or implement of husbandry upon a street or | 84314 |
| highway at a speed of twenty-five miles per hour or less. | 84315 |
| (3) No person shall drive, operate, draw, move, or propel any | 84316 |
| agricultural tractor or implement of husbandry upon a street or | 84317 |
| highway at a speed greater than twenty-five miles per hour unless | 84318 |
| the person has a current, valid driver's or commercial driver's | 84319 |
| license. | 84320 |
| (4) No person having a valid driver's or commercial driver's | 84321 |
| license shall be required to have a motorcycle operator's | 84322 |
| endorsement to operate a motorcycle having three wheels with a | 84323 |
| motor of not more than fifty cubic centimeters piston | 84324 |
| displacement. | 84325 |
| (B) Every person on active duty in the armed forces of the | 84326 |
| United States, when furnished with a driver's permit and when | 84327 |
| operating an official motor vehicle in connection with such duty, | 84328 |
| is exempt from the license requirements of Chapters 4506. and | 84329 |
| 4507. of the Revised Code. | 84330 |
| Every person on active duty in the armed forces of the United | 84331 |
| States or in service with the peace corps, volunteers in service | 84332 |
| to America, or the foreign service of the United States is exempt | 84333 |
| from the license requirements of those chapters for the period of | 84334 |
| the person's active duty or service and for six months | 84335 |
| thereafter, provided the person was a licensee under those | 84336 |
|
chapters at the time the person commenced | 84337 |
| duty or service. The spouse or a dependent of any such person on | 84338 |
| active duty or in service also is exempt from the license | 84339 |
| requirements of those chapters for the period of the person's | 84340 |
| active duty or service and for six months thereafter, provided | 84341 |
| the spouse or dependent was a licensee under those chapters at | 84342 |
| the time the person commenced the active duty or service, and | 84343 |
| provided further that the person's active duty or service causes | 84344 |
| the spouse or dependent to relocate outside of this state during | 84345 |
| the period of the active duty or service. | 84346 |
|
This section does not prevent such a person
or | 84347 |
| person's spouse or dependent from making an application, as | 84348 |
| provided in division (C) of section 4507.10 of the Revised Code, | 84349 |
| for the renewal of a driver's license or motorcycle operator's | 84350 |
| endorsement or as provided in section 4506.14 of the Revised Code | 84351 |
| for the renewal of a commercial driver's license during the | 84352 |
| period of the person's active duty or service. | 84353 |
| (C) Whoever violates division (A)(3) of this section is | 84354 |
| guilty of a misdemeanor of the first degree. | 84355 |
| Sec. 4507.24. (A) Except as provided in division (C) of this | 84356 |
| section, the registrar of motor vehicles or a deputy registrar | 84357 |
| may collect a fee not to exceed the following: | 84358 |
| (1) Four dollars and fifty cents commencing on January 1, | 84359 |
| 2004, and six dollars and twenty-five cents commencing on October | 84360 |
| 1, 2009, for each application for renewal of a driver's license | 84361 |
| received by the deputy registrar, when the applicant is required | 84362 |
| to submit to a screening of the applicant's vision under section | 84363 |
| 4507.12 of the Revised Code; | 84364 |
| (2) Three dollars and fifty cents commencing on January 1, | 84365 |
| 2004, for each application for a driver's license, or motorized | 84366 |
| bicycle license, or for renewal of such a license, received by the | 84367 |
| deputy registrar, when the applicant is not required to submit to | 84368 |
| a screening of the applicant's vision under section 4507.12 of the | 84369 |
| Revised Code. | 84370 |
| (B) The fees prescribed by division (A) of this section shall | 84371 |
| be in addition to the fee for a temporary instruction permit and | 84372 |
| examination, a driver's license, a motorized bicycle license, or | 84373 |
| duplicates thereof. The fees retained by a deputy registrar shall | 84374 |
| compensate the deputy registrar for the deputy registrar's | 84375 |
| services, for office and rental expense, and for costs as provided | 84376 |
| in division (D) of this section, as are necessary for the proper | 84377 |
| discharge of the deputy registrar's duties under sections 4507.01 | 84378 |
| to 4507.39 of the Revised Code. | 84379 |
| (C) A disabled veteran who has a service-connected disability | 84380 |
| rated at one hundred per cent by the veterans' administration is | 84381 |
| required to pay the applicable fee prescribed in division (A) of | 84382 |
| this section if the disabled veteran submits an application for a | 84383 |
| driver's license or motorized bicycle license or a renewal of | 84384 |
| either of these licenses to a deputy registrar who is acting as a | 84385 |
| deputy registrar pursuant to a contract with the registrar that is | 84386 |
| in effect on the effective date of this amendment. The disabled | 84387 |
| veteran also is required to submit with the disabled veteran's | 84388 |
| application such documentary evidence of disability as the | 84389 |
| registrar may require by rule. | 84390 |
| A disabled veteran who submits an application described in | 84391 |
| this division is not required to pay either of the fees prescribed | 84392 |
| in division (A) of this section if the disabled veteran submits | 84393 |
| the application to a deputy registrar who is acting as a deputy | 84394 |
| registrar pursuant to a contract with the registrar that is | 84395 |
| executed after the effective date of this amendment. The disabled | 84396 |
| veteran still is required to submit with the disabled veteran's | 84397 |
| application such documentary evidence of disability as the | 84398 |
| registrar may require by rule. | 84399 |
| A disabled veteran who submits an application described in | 84400 |
| this division directly to the registrar is not required to pay | 84401 |
| either of the fees prescribed in division (A) of this section if | 84402 |
| the disabled veteran submits with the disabled veteran's | 84403 |
| application such documentary evidence of disability as the | 84404 |
| registrar may require by rule. | 84405 |
| (D)(1) Each deputy registrar shall transmit to the registrar | 84406 |
| of motor vehicles, at such time and in such manner as the | 84407 |
| registrar shall require by rule, an amount of each fee collected | 84408 |
| under division (A)(1) of this section as shall be determined by | 84409 |
| the registrar. The registrar shall pay all such moneys so | 84410 |
| received into the state bureau of motor vehicles fund created in | 84411 |
| section 4501.25 of the Revised Code. | 84412 |
| (2) Commencing on October 1, 2009, each deputy registrar | 84413 |
| shall transmit one dollar and seventy-five cents of each fee | 84414 |
| collected under division (A)(1) of this section to the registrar | 84415 |
| at the time and in the manner provided by section 4503.10 of the | 84416 |
| Revised Code. The registrar shall deposit all moneys received | 84417 |
| under division (D)(2) of this section into the state highway | 84418 |
| safety fund established in section 4501.06 of the Revised Code. | 84419 |
| Sec. 4507.45. If a person's driver's license, commercial | 84420 |
| driver's license, or nonresident operating privilege is suspended, | 84421 |
| disqualified, or canceled for an indefinite period of time or for | 84422 |
| a period of at least ninety days, and if at the end of the period | 84423 |
| of suspension, disqualification, or cancellation the person is | 84424 |
| eligible to have the license or privilege reinstated, the | 84425 |
| registrar of motor vehicles shall collect a reinstatement fee of | 84426 |
| 84427 | |
| However, the registrar shall not collect the fee prescribed by | 84428 |
| this section if a different driver's license, commercial driver's | 84429 |
| license, or nonresident operating privilege reinstatement fee is | 84430 |
| prescribed by law. | 84431 |
| The registrar shall deposit ten dollars of each forty-dollar | 84432 |
| fee into the state treasury to the credit of the indigent defense | 84433 |
| support fund created by section 120.08 of the Revised Code and | 84434 |
| thirty dollars of each fee into the state treasury to the credit | 84435 |
| of the state bureau of motor vehicles fund created by section | 84436 |
| 4501.25 of the Revised Code. | 84437 |
| Sec. 4509.101. (A)(1) No person shall operate, or permit the | 84438 |
| operation of, a motor vehicle in this state, unless proof of | 84439 |
| financial responsibility is maintained continuously throughout the | 84440 |
| registration period with respect to that vehicle, or, in the case | 84441 |
| of a driver who is not the owner, with respect to that driver's | 84442 |
| operation of that vehicle. | 84443 |
| (2) Whoever violates division (A)(1) of this section shall be | 84444 |
| subject to the following civil penalties: | 84445 |
| (a) Subject to divisions (A)(2)(b) and (c) of this section, a | 84446 |
| class E suspension of the person's driver's license, commercial | 84447 |
| driver's license, temporary instruction permit, probationary | 84448 |
| license, or nonresident operating privilege for the period of time | 84449 |
| specified in division (B)(5) of section 4510.02 of the Revised | 84450 |
| Code and impoundment of the person's license. The court may grant | 84451 |
| limited driving privileges to the person only if the person | 84452 |
| presents proof of financial responsibility and has complied with | 84453 |
| division (A)(5) of this section. | 84454 |
| (b) If, within five years of the violation, the person's | 84455 |
| operating privileges are again suspended and the person's license | 84456 |
| again is impounded for a violation of division (A)(1) of this | 84457 |
| section, a class C suspension of the person's driver's license, | 84458 |
| commercial driver's license, temporary instruction permit, | 84459 |
| probationary license, or nonresident operating privilege for the | 84460 |
| period of time specified in division (B)(3) of section 4510.02 of | 84461 |
| the Revised Code. The court may grant limited driving privileges | 84462 |
| to the person only if the person presents proof of financial | 84463 |
| responsibility and has complied with division (A)(5) of this | 84464 |
| section, and no court may grant limited driving privileges for the | 84465 |
| first fifteen days of the suspension. | 84466 |
| (c) If, within five years of the violation, the person's | 84467 |
| operating privileges are suspended and the person's license is | 84468 |
| impounded two or more times for a violation of division (A)(1) of | 84469 |
| this section, a class B suspension of the person's driver's | 84470 |
| license, commercial driver's license, temporary instruction | 84471 |
| permit, probationary license, or nonresident operating privilege | 84472 |
| for the period of time specified in division (B)(2) of section | 84473 |
| 4510.02 of the Revised Code. No court may grant limited driving | 84474 |
| privileges during the suspension. | 84475 |
| (d) In addition to the suspension of an owner's license under | 84476 |
| division (A)(2)(a), (b), or (c) of this section, the suspension of | 84477 |
| the rights of the owner to register the motor vehicle and the | 84478 |
| impoundment of the owner's certificate of registration and license | 84479 |
| plates until the owner complies with division (A)(5) of this | 84480 |
| section. | 84481 |
| (3) A person to whom this state has issued a certificate of | 84482 |
| registration for a motor vehicle or a license to operate a motor | 84483 |
| vehicle or who is determined to have operated any motor vehicle or | 84484 |
| permitted the operation in this state of a motor vehicle owned by | 84485 |
| the person shall be required to verify the existence of proof of | 84486 |
| financial responsibility covering the operation of the motor | 84487 |
| vehicle or the person's operation of the motor vehicle under any | 84488 |
| of the following circumstances: | 84489 |
| (a) The person or a motor vehicle owned by the person is | 84490 |
| involved in a traffic accident that requires the filing of an | 84491 |
| accident report under section 4509.06 of the Revised Code. | 84492 |
| (b) The person receives a traffic ticket indicating that | 84493 |
| proof of the maintenance of financial responsibility was not | 84494 |
| produced upon the request of a peace officer or state highway | 84495 |
| patrol trooper made in accordance with division (D)(2) of this | 84496 |
| section. | 84497 |
| (c) Whenever, in accordance with rules adopted by the | 84498 |
| registrar, the person is randomly selected by the registrar and | 84499 |
| requested to provide such verification. | 84500 |
| (4) An order of the registrar that suspends and impounds a | 84501 |
| license or registration, or both, shall state the date on or | 84502 |
| before which the person is required to surrender the person's | 84503 |
| license or certificate of registration and license plates. The | 84504 |
| person is deemed to have surrendered the license or certificate of | 84505 |
| registration and license plates, in compliance with the order, if | 84506 |
| the person does either of the following: | 84507 |
| (a) On or before the date specified in the order, personally | 84508 |
| delivers the license or certificate of registration and license | 84509 |
| plates, or causes the delivery of the items, to the registrar; | 84510 |
| (b) Mails the license or certificate of registration and | 84511 |
| license plates to the registrar in an envelope or container | 84512 |
| bearing a postmark showing a date no later than the date specified | 84513 |
| in the order. | 84514 |
| (5) Except as provided in division (A)(6) or (L) of this | 84515 |
| section, the registrar shall not restore any operating privileges | 84516 |
| or registration rights suspended under this section, return any | 84517 |
| license, certificate of registration, or license plates impounded | 84518 |
| under this section, or reissue license plates under section | 84519 |
| 4503.232 of the Revised Code, if the registrar destroyed the | 84520 |
| impounded license plates under that section, or reissue a license | 84521 |
| under section 4510.52 of the Revised Code, if the registrar | 84522 |
| destroyed the suspended license under that section, unless the | 84523 |
| rights are not subject to suspension or revocation under any other | 84524 |
| law and unless the person, in addition to complying with all other | 84525 |
| conditions required by law for reinstatement of the operating | 84526 |
| privileges or registration rights, complies with all of the | 84527 |
| following: | 84528 |
| (a) Pays a financial responsibility reinstatement fee of | 84529 |
| 84530 | |
|
division (A)(1)
of
this section, | 84531 |
|
for a second violation
of
that division, and | 84532 |
| dollars for a third or subsequent violation of that division; | 84533 |
| (b) If the person has not voluntarily surrendered the | 84534 |
| license, certificate, or license plates in compliance with the | 84535 |
| order, pays a financial responsibility nonvoluntary compliance fee | 84536 |
| in an amount, not to exceed fifty dollars, determined by the | 84537 |
| registrar; | 84538 |
| (c) Files and continuously maintains proof of financial | 84539 |
| responsibility under sections 4509.44 to 4509.65 of the Revised | 84540 |
| Code. | 84541 |
| (6) If the registrar issues an order under division (A)(2) of | 84542 |
| this section resulting from the failure of a person to respond to | 84543 |
| a financial responsibility random verification request under | 84544 |
| division (A)(3)(c) of this section and the person successfully | 84545 |
| maintains an affirmative defense to a violation of section 4510.16 | 84546 |
| of the Revised Code or is determined by the registrar or a deputy | 84547 |
| registrar to have been in compliance with division (A)(1) of this | 84548 |
| section at the time of the initial financial responsibility random | 84549 |
| verification request, the registrar shall do both of the | 84550 |
| following: | 84551 |
| (a) Terminate the order of suspension or impoundment; | 84552 |
| (b) Restore the operating privileges and registration rights | 84553 |
| of the person without payment of the fees established in divisions | 84554 |
| (A)(5)(a) and (b) of this section and without a requirement to | 84555 |
| file proof of financial responsibility. | 84556 |
| (B)(1) Every party required to file an accident report under | 84557 |
| section 4509.06 of the Revised Code also shall include with the | 84558 |
| report a document described in division (G)(1) of this section. | 84559 |
| If the registrar determines, within forty-five days after the | 84560 |
| report is filed, that an operator or owner has violated division | 84561 |
| (A)(1) of this section, the registrar shall do all of the | 84562 |
| following: | 84563 |
| (a) Order the impoundment, with respect to the motor vehicle | 84564 |
| involved, required under division (A)(2)(d) of this section, of | 84565 |
| the certificate of registration and license plates of any owner | 84566 |
| who has violated division (A)(1) of this section; | 84567 |
| (b) Order the suspension required under division (A)(2)(a), | 84568 |
| (b), or (c) of this section of the license of any operator or | 84569 |
| owner who has violated division (A)(1) of this section; | 84570 |
| (c) Record the name and address of the person whose | 84571 |
| certificate of registration and license plates have been impounded | 84572 |
| or are under an order of impoundment, or whose license has been | 84573 |
| suspended or is under an order of suspension; the serial number of | 84574 |
| the person's license; the serial numbers of the person's | 84575 |
| certificate of registration and license plates; and the person's | 84576 |
| social security account number, if assigned, or, where the motor | 84577 |
| vehicle is used for hire or principally in connection with any | 84578 |
| established business, the person's federal taxpayer identification | 84579 |
| number. The information shall be recorded in such a manner that it | 84580 |
| becomes a part of the person's permanent record, and assists the | 84581 |
| registrar in monitoring compliance with the orders of suspension | 84582 |
| or impoundment. | 84583 |
| (d) Send written notification to every person to whom the | 84584 |
| order pertains, at the person's last known address as shown on the | 84585 |
| records of the bureau. The person, within ten days after the date | 84586 |
| of the mailing of the notification, shall surrender to the | 84587 |
| registrar, in a manner set forth in division (A)(4) of this | 84588 |
| section, any certificate of registration and registration plates | 84589 |
| under an order of impoundment, or any license under an order of | 84590 |
| suspension. | 84591 |
| (2) The registrar shall issue any order under division (B)(1) | 84592 |
| of this section without a hearing. Any person adversely affected | 84593 |
| by the order, within ten days after the issuance of the order, may | 84594 |
| request an administrative hearing before the registrar, who shall | 84595 |
| provide the person with an opportunity for a hearing in accordance | 84596 |
| with this paragraph. A request for a hearing does not operate as a | 84597 |
| suspension of the order. The scope of the hearing shall be limited | 84598 |
| to whether the person in fact demonstrated to the registrar proof | 84599 |
| of financial responsibility in accordance with this section. The | 84600 |
| registrar shall determine the date, time, and place of any | 84601 |
| hearing, provided that the hearing shall be held, and an order | 84602 |
| issued or findings made, within thirty days after the registrar | 84603 |
| receives a request for a hearing. If requested by the person in | 84604 |
| writing, the registrar may designate as the place of hearing the | 84605 |
| county seat of the county in which the person resides or a place | 84606 |
| within fifty miles of the person's residence. The person shall pay | 84607 |
| the cost of the hearing before the registrar, if the registrar's | 84608 |
| order of suspension or impoundment is upheld. | 84609 |
| (C) Any order of suspension or impoundment issued under this | 84610 |
| section or division (B) of section 4509.37 of the Revised Code may | 84611 |
| be terminated at any time if the registrar determines upon a | 84612 |
| showing of proof of financial responsibility that the operator or | 84613 |
| owner of the motor vehicle was in compliance with division (A)(1) | 84614 |
| of this section at the time of the traffic offense, motor vehicle | 84615 |
| inspection, or accident that resulted in the order against the | 84616 |
| person. A determination may be made without a hearing. This | 84617 |
| division does not apply unless the person shows good cause for the | 84618 |
| person's failure to present satisfactory proof of financial | 84619 |
| responsibility to the registrar prior to the issuance of the | 84620 |
| order. | 84621 |
| (D)(1) For the purpose of enforcing this section, every | 84622 |
| peace officer is deemed an agent of the registrar. | 84623 |
| (a) Except as provided in division (D)(1)(b) of this section, | 84624 |
| any peace officer who, in the performance of the peace officer's | 84625 |
| duties as authorized by law, becomes aware of a person whose | 84626 |
| license is under an order of suspension, or whose certificate of | 84627 |
| registration and license plates are under an order of impoundment, | 84628 |
| pursuant to this section, may confiscate the license, certificate | 84629 |
| of registration, and license plates, and return them to the | 84630 |
| registrar. | 84631 |
| (b) Any peace officer who, in the performance of the peace | 84632 |
| officer's duties as authorized by law, becomes aware of a person | 84633 |
| whose license is under an order of suspension, or whose | 84634 |
| certificate of registration and license plates are under an order | 84635 |
| of impoundment resulting from failure to respond to a financial | 84636 |
| responsibility random verification, shall not, for that reason, | 84637 |
| arrest the owner or operator or seize the vehicle or license | 84638 |
| plates. Instead, the peace officer shall issue a citation for a | 84639 |
| violation of section 4510.16 of the Revised Code specifying the | 84640 |
| circumstances as failure to respond to a financial responsibility | 84641 |
| random verification. | 84642 |
| (2) A peace officer shall request the owner or operator of a | 84643 |
| motor vehicle to produce proof of financial responsibility in a | 84644 |
| manner described in division (G) of this section at the time the | 84645 |
| peace officer acts to enforce the traffic laws of this state and | 84646 |
| during motor vehicle inspections conducted pursuant to section | 84647 |
| 4513.02 of the Revised Code. | 84648 |
| (3) A peace officer shall indicate on every traffic ticket | 84649 |
| whether the person receiving the traffic ticket produced proof of | 84650 |
| the maintenance of financial responsibility in response to the | 84651 |
| officer's request under division (D)(2) of this section. The | 84652 |
| peace officer shall inform every person who receives a traffic | 84653 |
| ticket and who has failed to produce proof of the maintenance of | 84654 |
| financial responsibility that the person must submit proof to the | 84655 |
| traffic violations bureau with any payment of a fine and costs for | 84656 |
| the ticketed violation or, if the person is to appear in court for | 84657 |
| the violation, the person must submit proof to the court. | 84658 |
| (4)(a) If a person who has failed to produce proof of the | 84659 |
| maintenance of financial responsibility appears in court for a | 84660 |
| ticketed violation, the court may permit the defendant to present | 84661 |
| evidence of proof of financial responsibility to the court at such | 84662 |
| time and in such manner as the court determines to be necessary or | 84663 |
| appropriate. In a manner prescribed by the registrar, the clerk of | 84664 |
| courts shall provide the registrar with the identity of any person | 84665 |
| who fails to submit proof of the maintenance of financial | 84666 |
| responsibility pursuant to division (D)(3) of this section. | 84667 |
| (b) If a person who has failed to produce proof of the | 84668 |
| maintenance of financial responsibility also fails to submit that | 84669 |
| proof to the traffic violations bureau with payment of a fine and | 84670 |
| costs for the ticketed violation, the traffic violations bureau, | 84671 |
| in a manner prescribed by the registrar, shall notify the | 84672 |
| registrar of the identity of that person. | 84673 |
| (5)(a) Upon receiving notice from a clerk of courts or | 84674 |
| traffic violations bureau pursuant to division (D)(4) of this | 84675 |
| section, the registrar shall order the suspension of the license | 84676 |
| of the person required under division (A)(2)(a), (b), or (c) of | 84677 |
| this section and the impoundment of the person's certificate of | 84678 |
| registration and license plates required under division (A)(2)(d) | 84679 |
| of this section, effective thirty days after the date of the | 84680 |
| mailing of notification. The registrar also shall notify the | 84681 |
| person that the person must present the registrar with proof of | 84682 |
| financial responsibility in accordance with this section, | 84683 |
| surrender to the registrar the person's certificate of | 84684 |
| registration, license plates, and license, or submit a statement | 84685 |
| subject to section 2921.13 of the Revised Code that the person did | 84686 |
| not operate or permit the operation of the motor vehicle at the | 84687 |
| time of the offense. Notification shall be in writing and shall | 84688 |
| be sent to the person at the person's last known address as shown | 84689 |
| on the records of the bureau of motor vehicles. The person, within | 84690 |
| fifteen days after the date of the mailing of notification, shall | 84691 |
| present proof of financial responsibility, surrender the | 84692 |
| certificate of registration, license plates, and license to the | 84693 |
| registrar in a manner set forth in division (A)(4) of this | 84694 |
| section, or submit the statement required under this section | 84695 |
| together with other information the person considers appropriate. | 84696 |
| If the registrar does not receive proof or the person does | 84697 |
| not surrender the certificate of registration, license plates, and | 84698 |
| license, in accordance with this division, the registrar shall | 84699 |
| permit the order for the suspension of the license of the person | 84700 |
| and the impoundment of the person's certificate of registration | 84701 |
| and license plates to take effect. | 84702 |
| (b) In the case of a person who presents, within the | 84703 |
| fifteen-day period, documents to show proof of financial | 84704 |
| responsibility, the registrar shall terminate the order of | 84705 |
| suspension and the impoundment of the registration and license | 84706 |
| plates required under division (A)(2)(d) of this section and shall | 84707 |
| send written notification to the person, at the person's last | 84708 |
| known address as shown on the records of the bureau. | 84709 |
| (c) Any person adversely affected by the order of the | 84710 |
| registrar under division (D)(5)(a) or (b) of this section, within | 84711 |
| ten days after the issuance of the order, may request an | 84712 |
| administrative hearing before the registrar, who shall provide the | 84713 |
| person with an opportunity for a hearing in accordance with this | 84714 |
| paragraph. A request for a hearing does not operate as a | 84715 |
| suspension of the order. The scope of the hearing shall be limited | 84716 |
| to whether, at the time of the hearing, the person presents proof | 84717 |
| of financial responsibility covering the vehicle and whether the | 84718 |
| person is eligible for an exemption in accordance with this | 84719 |
| section or any rule adopted under it. The registrar shall | 84720 |
| determine the date, time, and place of any hearing; provided, that | 84721 |
| the hearing shall be held, and an order issued or findings made, | 84722 |
| within thirty days after the registrar receives a request for a | 84723 |
| hearing. If requested by the person in writing, the registrar may | 84724 |
| designate as the place of hearing the county seat of the county in | 84725 |
| which the person resides or a place within fifty miles of the | 84726 |
| person's residence. Such person shall pay the cost of the hearing | 84727 |
| before the registrar, if the registrar's order of suspension or | 84728 |
| impoundment under division (D)(5)(a) or (b) of this section is | 84729 |
| upheld. | 84730 |
| (6) A peace officer may charge an owner or operator of a | 84731 |
| motor vehicle with a violation of section 4510.16 of the Revised | 84732 |
| Code when the owner or operator fails to show proof of the | 84733 |
| maintenance of financial responsibility pursuant to a peace | 84734 |
| officer's request under division (D)(2) of this section, if a | 84735 |
| check of the owner or operator's driving record indicates that the | 84736 |
| owner or operator, at the time of the operation of the motor | 84737 |
| vehicle, is required to file and maintain proof of financial | 84738 |
| responsibility under section 4509.45 of the Revised Code for a | 84739 |
| previous violation of this chapter. | 84740 |
| (7) Any forms used by law enforcement agencies in | 84741 |
| administering this section shall be prescribed, supplied, and paid | 84742 |
| for by the registrar. | 84743 |
| (8) No peace officer, law enforcement agency employing a | 84744 |
| peace officer, or political subdivision or governmental agency | 84745 |
| that employs a peace officer shall be liable in a civil action for | 84746 |
| damages or loss to persons arising out of the performance of any | 84747 |
| duty required or authorized by this section. | 84748 |
| (9) As used in this division and divisions (E) and (G) of | 84749 |
| this section, "peace officer" has the meaning set forth in section | 84750 |
| 2935.01 of the Revised Code. | 84751 |
| (E) All fees, except court costs and those portions of the | 84752 |
| financial responsibility reinstatement fees as otherwise specified | 84753 |
| in this division, collected under this section shall be paid into | 84754 |
| the state treasury to the credit of the financial responsibility | 84755 |
| compliance fund. The financial responsibility compliance fund | 84756 |
| shall be used exclusively to cover costs incurred by the bureau in | 84757 |
| the administration of this section and sections 4503.20, 4507.212, | 84758 |
| and 4509.81 of the Revised Code, and by any law enforcement agency | 84759 |
| employing any peace officer who returns any license, certificate | 84760 |
| of registration, and license plates to the registrar pursuant to | 84761 |
| division (C) of this section, except that the director of budget | 84762 |
| and management may transfer excess money from the financial | 84763 |
| responsibility compliance fund to the state bureau of motor | 84764 |
| vehicles fund if the registrar determines that the amount of money | 84765 |
| in the financial responsibility compliance fund exceeds the amount | 84766 |
| required to cover such costs incurred by the bureau or a law | 84767 |
| enforcement agency and requests the director to make the transfer. | 84768 |
| Of each financial responsibility reinstatement fee the | 84769 |
| registrar collects pursuant to division (A)(5)(a) of this section, | 84770 |
| the registrar shall deposit twenty-five dollars of each | 84771 |
| one-hundred-dollar reinstatement fee, fifty dollars of each | 84772 |
| three-hundred-dollar reinstatement fee, and one hundred dollars of | 84773 |
| each six-hundred-dollar reinstatement fee into the state treasury | 84774 |
| to the credit of the indigent defense support fund created by | 84775 |
| section 120.08 of the Revised Code. | 84776 |
| All investment earnings of the financial responsibility | 84777 |
| compliance fund shall be credited to the fund. | 84778 |
| (F) Chapter 119. of the Revised Code applies to this section | 84779 |
| only to the extent that any provision in that chapter is not | 84780 |
| clearly inconsistent with this section. | 84781 |
| (G)(1) The registrar, court, traffic violations bureau, or | 84782 |
| peace officer may require proof of financial responsibility to be | 84783 |
| demonstrated by use of a standard form prescribed by the | 84784 |
| registrar. If the use of a standard form is not required, a person | 84785 |
| may demonstrate proof of financial responsibility under this | 84786 |
| section by presenting to the traffic violations bureau, court, | 84787 |
| registrar, or peace officer any of the following documents or a | 84788 |
| copy of the documents: | 84789 |
| (a) A financial responsibility identification card as | 84790 |
| provided in section 4509.103 of the Revised Code; | 84791 |
| (b) A certificate of proof of financial responsibility on a | 84792 |
| form provided and approved by the registrar for the filing of an | 84793 |
| accident report required to be filed under section 4509.06 of the | 84794 |
| Revised Code; | 84795 |
| (c) A policy of liability insurance, a declaration page of a | 84796 |
| policy of liability insurance, or liability bond, if the policy or | 84797 |
| bond complies with section 4509.20 or sections 4509.49 to 4509.61 | 84798 |
| of the Revised Code; | 84799 |
| (d) A bond or certification of the issuance of a bond as | 84800 |
| provided in section 4509.59 of the Revised Code; | 84801 |
| (e) A certificate of deposit of money or securities as | 84802 |
| provided in section 4509.62 of the Revised Code; | 84803 |
| (f) A certificate of self-insurance as provided in section | 84804 |
| 4509.72 of the Revised Code. | 84805 |
| (2) If a person fails to demonstrate proof of financial | 84806 |
| responsibility in a manner described in division (G)(1) of this | 84807 |
| section, the person may demonstrate proof of financial | 84808 |
| responsibility under this section by any other method that the | 84809 |
| court or the bureau, by reason of circumstances in a particular | 84810 |
| case, may consider appropriate. | 84811 |
| (3) A motor carrier certificated by the interstate commerce | 84812 |
| commission or by the public utilities commission may demonstrate | 84813 |
| proof of financial responsibility by providing a statement | 84814 |
| designating the motor carrier's operating authority and averring | 84815 |
| that the insurance coverage required by the certificating | 84816 |
| authority is in full force and effect. | 84817 |
| (4)(a) A finding by the registrar or court that a person is | 84818 |
| covered by proof of financial responsibility in the form of an | 84819 |
| insurance policy or surety bond is not binding upon the named | 84820 |
| insurer or surety or any of its officers, employees, agents, or | 84821 |
| representatives and has no legal effect except for the purpose of | 84822 |
| administering this section. | 84823 |
| (b) The preparation and delivery of a financial | 84824 |
| responsibility identification card or any other document | 84825 |
| authorized to be used as proof of financial responsibility under | 84826 |
| this division does not do any of the following: | 84827 |
| (i) Create any liability or estoppel against an insurer or | 84828 |
| surety, or any of its officers, employees, agents, or | 84829 |
| representatives; | 84830 |
| (ii) Constitute an admission of the existence of, or of any | 84831 |
| liability or coverage under, any policy or bond; | 84832 |
| (iii) Waive any defenses or counterclaims available to an | 84833 |
| insurer, surety, agent, employee, or representative in an action | 84834 |
| commenced by an insured or third-party claimant upon a cause of | 84835 |
| action alleged to have arisen under an insurance policy or surety | 84836 |
| bond or by reason of the preparation and delivery of a document | 84837 |
| for use as proof of financial responsibility. | 84838 |
| (c) Whenever it is determined by a final judgment in a | 84839 |
| judicial proceeding that an insurer or surety, which has been | 84840 |
| named on a document accepted by a court or the registrar as proof | 84841 |
| of financial responsibility covering the operation of a motor | 84842 |
| vehicle at the time of an accident or offense, is not liable to | 84843 |
| pay a judgment for injuries or damages resulting from such | 84844 |
| operation, the registrar, notwithstanding any previous contrary | 84845 |
| finding, shall forthwith suspend the operating privileges and | 84846 |
| registration rights of the person against whom the judgment was | 84847 |
| rendered as provided in division (A)(2) of this section. | 84848 |
| (H) In order for any document described in division (G)(1)(b) | 84849 |
| of this section to be used for the demonstration of proof of | 84850 |
| financial responsibility under this section, the document shall | 84851 |
| state the name of the insured or obligor, the name of the insurer | 84852 |
| or surety company, and the effective and expiration dates of the | 84853 |
| financial responsibility, and designate by explicit description or | 84854 |
| by appropriate reference all motor vehicles covered which may | 84855 |
| include a reference to fleet insurance coverage. | 84856 |
| (I) For purposes of this section, "owner" does not include a | 84857 |
| licensed motor vehicle leasing dealer as defined in section | 84858 |
| 4517.01 of the Revised Code, but does include a motor vehicle | 84859 |
| renting dealer as defined in section 4549.65 of the Revised Code. | 84860 |
| Nothing in this section or in section 4509.51 of the Revised Code | 84861 |
| shall be construed to prohibit a motor vehicle renting dealer from | 84862 |
| entering into a contractual agreement with a person whereby the | 84863 |
| person renting the motor vehicle agrees to be solely responsible | 84864 |
| for maintaining proof of financial responsibility, in accordance | 84865 |
| with this section, with respect to the operation, maintenance, or | 84866 |
| use of the motor vehicle during the period of the motor vehicle's | 84867 |
| rental. | 84868 |
| (J) The purpose of this section is to require the maintenance | 84869 |
| of proof of financial responsibility with respect to the operation | 84870 |
| of motor vehicles on the highways of this state, so as to minimize | 84871 |
| those situations in which persons are not compensated for injuries | 84872 |
| and damages sustained in motor vehicle accidents. The general | 84873 |
| assembly finds that this section contains reasonable civil | 84874 |
| penalties and procedures for achieving this purpose. | 84875 |
| (K) Nothing in this section shall be construed to be subject | 84876 |
| to section 4509.78 of the Revised Code. | 84877 |
| (L)(1) The registrar may terminate any suspension imposed | 84878 |
| under this section and not require the owner to comply with | 84879 |
| divisions (A)(5)(a), (b), and (c) of this section if the registrar | 84880 |
| with or without a hearing determines that the owner of the vehicle | 84881 |
| has established by clear and convincing evidence that all of the | 84882 |
| following apply: | 84883 |
| (a) The owner customarily maintains proof of financial | 84884 |
| responsibility. | 84885 |
| (b) Proof of financial responsibility was not in effect for | 84886 |
| the vehicle on the date in question for one of the following | 84887 |
| reasons: | 84888 |
| (i) The vehicle was inoperable. | 84889 |
| (ii) The vehicle is operated only seasonally, and the date in | 84890 |
| question was outside the season of operation. | 84891 |
| (iii) A person other than the vehicle owner or driver was at | 84892 |
| fault for the lapse of proof of financial responsibility through | 84893 |
| no fault of the owner or driver. | 84894 |
| (iv) The lapse of proof of financial responsibility was | 84895 |
| caused by excusable neglect under circumstances that are not | 84896 |
| likely to recur and do not suggest a purpose to evade the | 84897 |
| requirements of this chapter. | 84898 |
| (2) The registrar may grant an owner or driver relief for a | 84899 |
| reason specified in division (L)(1)(b)(i) or (ii) of this section | 84900 |
| whenever the owner or driver is randomly selected to verify the | 84901 |
| existence of proof of financial responsibility for such a vehicle. | 84902 |
| However, the registrar may grant an owner or driver relief for a | 84903 |
| reason specified in division (L)(1)(b)(iii) or (iv) of this | 84904 |
| section only if the owner or driver has not previously been | 84905 |
| granted relief under division (L)(1)(b)(iii) or (iv) of this | 84906 |
| section. | 84907 |
| (M) The registrar shall adopt rules in accordance with | 84908 |
| Chapter 119. of the Revised Code that are necessary to administer | 84909 |
| and enforce this section. The rules shall include procedures for | 84910 |
| the surrender of license plates upon failure to maintain proof of | 84911 |
| financial responsibility and provisions relating to reinstatement | 84912 |
| of registration rights, acceptable forms of proof of financial | 84913 |
| responsibility, and verification of the existence of financial | 84914 |
| responsibility during the period of registration. | 84915 |
| Sec. 4510.22. (A) If a person who has a current valid Ohio | 84916 |
| driver's, commercial driver's license, or temporary instruction | 84917 |
| permit is charged with a violation of any provision in sections | 84918 |
| 4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to | 84919 |
| 4549.65 of the Revised Code that is classified as a misdemeanor of | 84920 |
| the first, second, third, or fourth degree or with a violation of | 84921 |
| any substantially equivalent municipal ordinance and if the person | 84922 |
| either fails to appear in court at the required time and place to | 84923 |
| answer the charge or pleads guilty to or is found guilty of the | 84924 |
| violation and fails within the time allowed by the court to pay | 84925 |
| the fine imposed by the court, the court shall declare the | 84926 |
| forfeiture of the person's license. Thirty days after the | 84927 |
| declaration of forfeiture, the court shall inform the registrar of | 84928 |
| motor vehicles of the forfeiture by entering information relative | 84929 |
| to the of forfeiture on a form approved and furnished by the | 84930 |
| registrar and sending the form to the registrar. The court also | 84931 |
| shall forward the person's license, if it is in the possession of | 84932 |
| the court, to the registrar. | 84933 |
| The registrar shall impose a class F suspension of the | 84934 |
| person's driver's or commercial driver's license, or temporary | 84935 |
| instruction permit for the period of time specified in division | 84936 |
| (B)(6) of section 4510.02 of the Revised Code on any person who is | 84937 |
| named in a declaration received by the registrar under this | 84938 |
| section. The registrar shall send written notification of the | 84939 |
| suspension to the person at the person's last known address and, | 84940 |
| if the person is in possession of the license, order the person to | 84941 |
| surrender the person's license or permit to the registrar within | 84942 |
| forty-eight hours. | 84943 |
| No valid driver's or commercial driver's license shall be | 84944 |
| granted to the person after the suspension, unless the court | 84945 |
| having jurisdiction of the offense that led to the suspension | 84946 |
| orders that the forfeiture be terminated. The court shall order | 84947 |
| the termination of the forfeiture if the person thereafter appears | 84948 |
| to answer the charge and pays any fine imposed by the court or | 84949 |
| pays the fine originally imposed by the court. The court shall | 84950 |
| inform the registrar of the termination of the forfeiture by | 84951 |
| entering information relative to the termination on a form | 84952 |
| approved and furnished by the registrar and sending the form to | 84953 |
| the registrar. The person shall pay to the bureau of motor | 84954 |
|
vehicles a | 84955 |
| 84956 | |
| registrar shall deposit fifteen dollars of the fee into the state | 84957 |
| treasury to the credit of the state bureau of motor vehicles fund | 84958 |
| created by section 4501.25 of the Revised Code to cover the costs | 84959 |
| of the bureau in administering this section and shall deposit ten | 84960 |
| dollars of the fee into the state treasury to the credit of the | 84961 |
| indigent defense support fund created by section 120.08 of the | 84962 |
| Revised Code. | 84963 |
| (B) In addition to suspending the driver's or commercial | 84964 |
| driver's license or permit of the person named in a declaration of | 84965 |
| forfeiture, the registrar, upon receipt from the court of the copy | 84966 |
| of the declaration of forfeiture, shall take any measures that may | 84967 |
| be necessary to ensure that neither the registrar nor any deputy | 84968 |
| registrar accepts any application for the registration or transfer | 84969 |
| of registration of any motor vehicle owned or leased by the person | 84970 |
| named in the declaration of forfeiture. However, for a motor | 84971 |
| vehicle leased by a person named in a declaration of forfeiture, | 84972 |
| the registrar shall not implement the preceding sentence until the | 84973 |
| registrar adopts procedures for that implementation under section | 84974 |
| 4503.39 of the Revised Code. The period of denial of registration | 84975 |
| or transfer shall continue until such time as the court having | 84976 |
| jurisdiction of the offense that led to the suspension orders the | 84977 |
| forfeiture be terminated. Upon receipt by the registrar of an | 84978 |
| order terminating the forfeiture, the registrar also shall take | 84979 |
| any measures that may be necessary to permit the person to | 84980 |
| register a motor vehicle owned or leased by the person or to | 84981 |
| transfer the registration of such a motor vehicle, if the person | 84982 |
| later makes application to take such action and otherwise is | 84983 |
| eligible to register the motor vehicle or to transfer its | 84984 |
| registration. | 84985 |
| The registrar shall not be required to give effect to any | 84986 |
| declaration of forfeiture or order terminating a forfeiture | 84987 |
| provided by a court under this section unless the information | 84988 |
| contained in the declaration or order is transmitted to the | 84989 |
| registrar by means of an electronic transfer system. The registrar | 84990 |
| shall not restore the person's driving or vehicle registration | 84991 |
| privileges until the person pays the reinstatement fee as provided | 84992 |
| in this section. | 84993 |
| The period of denial relating to the issuance or transfer of | 84994 |
| a certificate of registration for a motor vehicle imposed pursuant | 84995 |
| to this division remains in effect until the person pays any fine | 84996 |
| imposed by the court relative to the offense. | 84997 |
| Sec. 4511.191. (A)(1) As used in this section: | 84998 |
| (a) "Physical control" has the same meaning as in section | 84999 |
| 4511.194 of the Revised Code. | 85000 |
| (b) "Alcohol monitoring device" means any device that | 85001 |
| provides for continuous alcohol monitoring, any ignition interlock | 85002 |
| device, any immobilizing or disabling device other than an | 85003 |
| ignition interlock device that is constantly available to monitor | 85004 |
| the concentration of alcohol in a person's system, or any other | 85005 |
| device that provides for the automatic testing and periodic | 85006 |
| reporting of alcohol consumption by a person and that a court | 85007 |
| orders a person to use as a sanction imposed as a result of the | 85008 |
| person's conviction of or plea of guilty to an offense. | 85009 |
| (2) Any person who operates a vehicle, streetcar, or | 85010 |
| trackless trolley upon a highway or any public or private property | 85011 |
| used by the public for vehicular travel or parking within this | 85012 |
| state or who is in physical control of a vehicle, streetcar, or | 85013 |
| trackless trolley shall be deemed to have given consent to a | 85014 |
| chemical test or tests of the person's whole blood, blood serum or | 85015 |
| plasma, breath, or urine to determine the alcohol, drug of abuse, | 85016 |
| controlled substance, metabolite of a controlled substance, or | 85017 |
| combination content of the person's whole blood, blood serum or | 85018 |
| plasma, breath, or urine if arrested for a violation of division | 85019 |
| (A) or (B) of section 4511.19 of the Revised Code, section | 85020 |
| 4511.194 of the Revised Code or a substantially equivalent | 85021 |
| municipal ordinance, or a municipal OVI ordinance. | 85022 |
| (3) The chemical test or tests under division (A)(2) of this | 85023 |
| section shall be administered at the request of a law enforcement | 85024 |
| officer having reasonable grounds to believe the person was | 85025 |
| operating or in physical control of a vehicle, streetcar, or | 85026 |
| trackless trolley in violation of a division, section, or | 85027 |
| ordinance identified in division (A)(2) of this section. The law | 85028 |
| enforcement agency by which the officer is employed shall | 85029 |
| designate which of the tests shall be administered. | 85030 |
| (4) Any person who is dead or unconscious, or who otherwise | 85031 |
| is in a condition rendering the person incapable of refusal, shall | 85032 |
| be deemed to have consented as provided in division (A)(2) of this | 85033 |
| section, and the test or tests may be administered, subject to | 85034 |
| sections 313.12 to 313.16 of the Revised Code. | 85035 |
| (5)(a) If a law enforcement officer arrests a person for a | 85036 |
| violation of division (A) or (B) of section 4511.19 of the Revised | 85037 |
| Code, section 4511.194 of the Revised Code or a substantially | 85038 |
| equivalent municipal ordinance, or a municipal OVI ordinance and | 85039 |
| if the person if convicted would be required to be sentenced under | 85040 |
| division (G)(1)(c), (d), or (e) of section 4511.19 of the | 85041 |
| Revised Code, the law enforcement officer shall request the | 85042 |
| person to submit, and the person shall submit, to a chemical | 85043 |
| test or tests of the person's whole blood, blood serum or | 85044 |
| plasma, breath, or urine for the purpose of determining the | 85045 |
| alcohol, drug of abuse, controlled substance, metabolite of a | 85046 |
| controlled substance, or combination content of the person's | 85047 |
| whole blood, blood serum or plasma, breath, or urine. A law | 85048 |
| enforcement officer who makes a request pursuant to this | 85049 |
| division that a person submit to a chemical test or tests is not | 85050 |
| required to advise the person of the consequences of submitting | 85051 |
| to, or refusing to submit to, the test or tests and is not | 85052 |
| required to give the person the form described in division (B) of | 85053 |
| section 4511.192 of the Revised Code, but the officer shall | 85054 |
| advise the person at the time of the arrest that if the person | 85055 |
| refuses to take a chemical test the officer may employ whatever | 85056 |
| reasonable means are necessary to ensure that the person submits | 85057 |
| to a chemical test of the person's whole blood or blood serum or | 85058 |
| plasma. The officer shall also advise the person at the time of | 85059 |
| the arrest that the person may have an independent chemical test | 85060 |
| taken at the person's own expense. Divisions (A)(3) and (4) of | 85061 |
| this section apply to the administration of a chemical test or | 85062 |
| tests pursuant to this division. | 85063 |
| (b) If a person refuses to submit to a chemical test upon a | 85064 |
| request made pursuant to division (A)(5)(a) of this section, the | 85065 |
| law enforcement officer who made the request may employ whatever | 85066 |
| reasonable means are necessary to ensure that the person submits | 85067 |
| to a chemical test of the person's whole blood or blood serum or | 85068 |
| plasma. A law enforcement officer who acts pursuant to this | 85069 |
| division to ensure that a person submits to a chemical test of the | 85070 |
| person's whole blood or blood serum or plasma is immune from | 85071 |
| criminal and civil liability based upon a claim for assault and | 85072 |
| battery or any other claim for the acts, unless the officer so | 85073 |
| acted with malicious purpose, in bad faith, or in a wanton or | 85074 |
| reckless manner. | 85075 |
| (B)(1) Upon receipt of the sworn report of a law enforcement | 85076 |
| officer who arrested a person for a violation of division (A) or | 85077 |
| (B) of section 4511.19 of the Revised Code, section 4511.194 of | 85078 |
| the Revised Code or a substantially equivalent municipal | 85079 |
| ordinance, or a municipal OVI ordinance that was completed and | 85080 |
| sent to the registrar and a court pursuant to section 4511.192 of | 85081 |
| the Revised Code in regard to a person who refused to take the | 85082 |
| designated chemical test, the registrar shall enter into the | 85083 |
| registrar's records the fact that the person's driver's or | 85084 |
| commercial driver's license or permit or nonresident operating | 85085 |
| privilege was suspended by the arresting officer under this | 85086 |
| division and that section and the period of the suspension, as | 85087 |
| determined under this section. The suspension shall be subject to | 85088 |
| appeal as provided in section 4511.197 of the Revised Code. The | 85089 |
| suspension shall be for whichever of the following periods | 85090 |
| applies: | 85091 |
| (a) Except when division (B)(1)(b), (c), or (d) of this | 85092 |
| section applies and specifies a different class or length of | 85093 |
| suspension, the suspension shall be a class C suspension for the | 85094 |
| period of time specified in division (B)(3) of section 4510.02 of | 85095 |
| the Revised Code. | 85096 |
| (b) If the arrested person, within six years of the date on | 85097 |
| which the person refused the request to consent to the chemical | 85098 |
| test, had refused one previous request to consent to a chemical | 85099 |
| test or had been convicted of or pleaded guilty to one violation | 85100 |
| of division (A) or (B) of section 4511.19 of the Revised Code or | 85101 |
| one other equivalent offense, the suspension shall be a class B | 85102 |
| suspension imposed for the period of time specified in division | 85103 |
| (B)(2) of section 4510.02 of the Revised Code. | 85104 |
| (c) If the arrested person, within six years of the date on | 85105 |
| which the person refused the request to consent to the chemical | 85106 |
| test, had refused two previous requests to consent to a chemical | 85107 |
| test, had been convicted of or pleaded guilty to two violations of | 85108 |
| division (A) or (B) of section 4511.19 of the Revised Code or | 85109 |
| other equivalent offenses, or had refused one previous request to | 85110 |
| consent to a chemical test and also had been convicted of or | 85111 |
| pleaded guilty to one violation of division (A) or (B) of section | 85112 |
| 4511.19 of the Revised Code or other equivalent offenses, which | 85113 |
| violation or offense arose from an incident other than the | 85114 |
| incident that led to the refusal, the suspension shall be a class | 85115 |
| A suspension imposed for the period of time specified in division | 85116 |
| (B)(1) of section 4510.02 of the Revised Code. | 85117 |
| (d) If the arrested person, within six years of the date on | 85118 |
| which the person refused the request to consent to the chemical | 85119 |
| test, had refused three or more previous requests to consent to a | 85120 |
| chemical test, had been convicted of or pleaded guilty to three or | 85121 |
| more violations of division (A) or (B) of section 4511.19 of the | 85122 |
| Revised Code or other equivalent offenses, or had refused a number | 85123 |
| of previous requests to consent to a chemical test and also had | 85124 |
| been convicted of or pleaded guilty to a number of violations of | 85125 |
| division (A) or (B) of section 4511.19 of the Revised Code or | 85126 |
| other equivalent offenses that cumulatively total three or more | 85127 |
| such refusals, convictions, and guilty pleas, the suspension shall | 85128 |
| be for five years. | 85129 |
| (2) The registrar shall terminate a suspension of the | 85130 |
| driver's or commercial driver's license or permit of a resident or | 85131 |
| of the operating privilege of a nonresident, or a denial of a | 85132 |
| driver's or commercial driver's license or permit, imposed | 85133 |
| pursuant to division (B)(1) of this section upon receipt of notice | 85134 |
| that the person has entered a plea of guilty to, or that the | 85135 |
| person has been convicted after entering a plea of no contest to, | 85136 |
| operating a vehicle in violation of section 4511.19 of the Revised | 85137 |
| Code or in violation of a municipal OVI ordinance, if the offense | 85138 |
| for which the conviction is had or the plea is entered arose from | 85139 |
| the same incident that led to the suspension or denial. | 85140 |
| The registrar shall credit against any judicial suspension of | 85141 |
| a person's driver's or commercial driver's license or permit or | 85142 |
| nonresident operating privilege imposed pursuant to section | 85143 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 85144 |
| Revised Code for a violation of a municipal OVI ordinance, any | 85145 |
| time during which the person serves a related suspension imposed | 85146 |
| pursuant to division (B)(1) of this section. | 85147 |
| (C)(1) Upon receipt of the sworn report of the law | 85148 |
| enforcement officer who arrested a person for a violation of | 85149 |
| division (A) or (B) of section 4511.19 of the Revised Code or a | 85150 |
| municipal OVI ordinance that was completed and sent to the | 85151 |
| registrar and a court pursuant to section 4511.192 of the Revised | 85152 |
| Code in regard to a person whose test results indicate that the | 85153 |
| person's whole blood, blood serum or plasma, breath, or urine | 85154 |
| contained at least the concentration of alcohol specified in | 85155 |
| division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 85156 |
| Revised Code or at least the concentration of a listed controlled | 85157 |
| substance or a listed metabolite of a controlled substance | 85158 |
| specified in division (A)(1)(j) of section 4511.19 of the Revised | 85159 |
| Code, the registrar shall enter into the registrar's records the | 85160 |
| fact that the person's driver's or commercial driver's license or | 85161 |
| permit or nonresident operating privilege was suspended by the | 85162 |
| arresting officer under this division and section 4511.192 of the | 85163 |
| Revised Code and the period of the suspension, as determined under | 85164 |
| divisions (C)(1)(a) to (d) of this section. The suspension shall | 85165 |
| be subject to appeal as provided in section 4511.197 of the | 85166 |
| Revised Code. The suspension described in this division does not | 85167 |
| apply to, and shall not be imposed upon, a person arrested for a | 85168 |
| violation of section 4511.194 of the Revised Code or a | 85169 |
| substantially equivalent municipal ordinance who submits to a | 85170 |
| designated chemical test. The suspension shall be for whichever of | 85171 |
| the following periods applies: | 85172 |
| (a) Except when division (C)(1)(b), (c), or (d) of this | 85173 |
| section applies and specifies a different period, the suspension | 85174 |
| shall be a class E suspension imposed for the period of time | 85175 |
| specified in division (B)(5) of section 4510.02 of the Revised | 85176 |
| Code. | 85177 |
| (b) The suspension shall be a class C suspension for the | 85178 |
| period of time specified in division (B)(3) of section 4510.02 of | 85179 |
| the Revised Code if the person has been convicted of or pleaded | 85180 |
| guilty to, within six years of the date the test was conducted, | 85181 |
| one violation of division (A) or (B) of section 4511.19 of the | 85182 |
| Revised Code or one other equivalent offense. | 85183 |
| (c) If, within six years of the date the test was conducted, | 85184 |
| the person has been convicted of or pleaded guilty to two | 85185 |
| violations of a statute or ordinance described in division | 85186 |
| (C)(1)(b) of this section, the suspension shall be a class B | 85187 |
| suspension imposed for the period of time specified in division | 85188 |
| (B)(2) of section 4510.02 of the Revised Code. | 85189 |
| (d) If, within six years of the date the test was conducted, | 85190 |
| the person has been convicted of or pleaded guilty to more than | 85191 |
| two violations of a statute or ordinance described in division | 85192 |
| (C)(1)(b) of this section, the suspension shall be a class A | 85193 |
| suspension imposed for the period of time specified in division | 85194 |
| (B)(1) of section 4510.02 of the Revised Code. | 85195 |
| (2) The registrar shall terminate a suspension of the | 85196 |
| driver's or commercial driver's license or permit of a resident or | 85197 |
| of the operating privilege of a nonresident, or a denial of a | 85198 |
| driver's or commercial driver's license or permit, imposed | 85199 |
| pursuant to division (C)(1) of this section upon receipt of notice | 85200 |
| that the person has entered a plea of guilty to, or that the | 85201 |
| person has been convicted after entering a plea of no contest to, | 85202 |
| operating a vehicle in violation of section 4511.19 of the Revised | 85203 |
| Code or in violation of a municipal OVI ordinance, if the offense | 85204 |
| for which the conviction is had or the plea is entered arose from | 85205 |
| the same incident that led to the suspension or denial. | 85206 |
| The registrar shall credit against any judicial suspension of | 85207 |
| a person's driver's or commercial driver's license or permit or | 85208 |
| nonresident operating privilege imposed pursuant to section | 85209 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 85210 |
| Revised Code for a violation of a municipal OVI ordinance, any | 85211 |
| time during which the person serves a related suspension imposed | 85212 |
| pursuant to division (C)(1) of this section. | 85213 |
| (D)(1) A suspension of a person's driver's or commercial | 85214 |
| driver's license or permit or nonresident operating privilege | 85215 |
| under this section for the time described in division (B) or (C) | 85216 |
| of this section is effective immediately from the time at which | 85217 |
| the arresting officer serves the notice of suspension upon the | 85218 |
| arrested person. Any subsequent finding that the person is not | 85219 |
| guilty of the charge that resulted in the person being requested | 85220 |
| to take the chemical test or tests under division (A) of this | 85221 |
| section does not affect the suspension. | 85222 |
| (2) If a person is arrested for operating a vehicle, | 85223 |
| streetcar, or trackless trolley in violation of division (A) or | 85224 |
| (B) of section 4511.19 of the Revised Code or a municipal OVI | 85225 |
| ordinance, or for being in physical control of a vehicle, | 85226 |
| streetcar, or trackless trolley in violation of section 4511.194 | 85227 |
| of the Revised Code or a substantially equivalent municipal | 85228 |
| ordinance, regardless of whether the person's driver's or | 85229 |
| commercial driver's license or permit or nonresident operating | 85230 |
| privilege is or is not suspended under division (B) or (C) of this | 85231 |
| section or Chapter 4510. of the Revised Code, the person's initial | 85232 |
| appearance on the charge resulting from the arrest shall be held | 85233 |
| within five days of the person's arrest or the issuance of the | 85234 |
| citation to the person, subject to any continuance granted by the | 85235 |
| court pursuant to section 4511.197 of the Revised Code regarding | 85236 |
| the issues specified in that division. | 85237 |
| (E) When it finally has been determined under the procedures | 85238 |
| of this section and sections 4511.192 to 4511.197 of the Revised | 85239 |
| Code that a nonresident's privilege to operate a vehicle within | 85240 |
| this state has been suspended, the registrar shall give | 85241 |
| information in writing of the action taken to the motor vehicle | 85242 |
| administrator of the state of the person's residence and of any | 85243 |
| state in which the person has a license. | 85244 |
| (F) At the end of a suspension period under this section, | 85245 |
| under section 4511.194, section 4511.196, or division (G) of | 85246 |
| section 4511.19 of the Revised Code, or under section 4510.07 of | 85247 |
| the Revised Code for a violation of a municipal OVI ordinance and | 85248 |
| upon the request of the person whose driver's or commercial | 85249 |
| driver's license or permit was suspended and who is not otherwise | 85250 |
| subject to suspension, cancellation, or disqualification, the | 85251 |
| registrar shall return the driver's or commercial driver's license | 85252 |
| or permit to the person upon the occurrence of all of the | 85253 |
| conditions specified in divisions (F)(1) and (2) of this section: | 85254 |
| (1) A showing that the person has proof of financial | 85255 |
| responsibility, a policy of liability insurance in effect that | 85256 |
| meets the minimum standards set forth in section 4509.51 of the | 85257 |
| Revised Code, or proof, to the satisfaction of the registrar, that | 85258 |
| the person is able to respond in damages in an amount at least | 85259 |
| equal to the minimum amounts specified in section 4509.51 of the | 85260 |
| Revised Code. | 85261 |
| (2) Subject to the limitation contained in division (F)(3) of | 85262 |
| this section, payment by the person to the bureau of motor | 85263 |
| vehicles of a license reinstatement fee of four hundred | 85264 |
| seventy-five dollars, which fee shall be deposited in the state | 85265 |
| treasury and credited as follows: | 85266 |
| (a) One hundred twelve dollars and fifty cents shall be | 85267 |
| credited to the statewide treatment and prevention fund created by | 85268 |
| section 4301.30 of the Revised Code. The fund shall be used to | 85269 |
| pay the costs of driver treatment and intervention programs | 85270 |
| operated pursuant to sections 3793.02 and 3793.10 of the Revised | 85271 |
| Code. The director of alcohol and drug addiction services shall | 85272 |
| determine the share of the fund that is to be allocated to alcohol | 85273 |
| and drug addiction programs authorized by section 3793.02 of the | 85274 |
| Revised Code, and the share of the fund that is to be allocated to | 85275 |
| drivers' intervention programs authorized by section 3793.10 of | 85276 |
| the Revised Code. | 85277 |
| (b) Seventy-five dollars shall be credited to the reparations | 85278 |
| fund created by section 2743.191 of the Revised Code. | 85279 |
| (c) Thirty-seven dollars and fifty cents shall be credited to | 85280 |
| the indigent drivers alcohol treatment fund, which is hereby | 85281 |
| established in the state treasury. Except as otherwise provided in | 85282 |
| division (F)(2)(c) of this section, moneys in the fund shall be | 85283 |
| distributed by the department of alcohol and drug addiction | 85284 |
| services to the county indigent drivers alcohol treatment funds, | 85285 |
| the county juvenile indigent drivers alcohol treatment funds, and | 85286 |
| the municipal indigent drivers alcohol treatment funds that are | 85287 |
| required to be established by counties and municipal corporations | 85288 |
| pursuant to division (H) of this section, and shall be used only | 85289 |
| to pay the cost of an alcohol and drug addiction treatment | 85290 |
| program attended by an offender or juvenile traffic offender who | 85291 |
| is ordered to attend an alcohol and drug addiction treatment | 85292 |
| program by a county, juvenile, or municipal court judge and who | 85293 |
| is determined by the county, juvenile, or municipal court judge | 85294 |
| not to have the means to pay for the person's attendance at the | 85295 |
| program or to pay the costs specified in division (H)(4) of this | 85296 |
| section in accordance with that division. In addition, a county, | 85297 |
| juvenile, or municipal court judge may use moneys in the county | 85298 |
| indigent drivers alcohol treatment fund, county juvenile | 85299 |
| indigent drivers alcohol treatment fund, or municipal indigent | 85300 |
| drivers alcohol treatment fund to pay for the cost of the | 85301 |
| continued use of an alcohol monitoring device as described in | 85302 |
| divisions (H)(3) and (4) of this section. Moneys in the fund | 85303 |
| that are not distributed to a county indigent drivers alcohol | 85304 |
| treatment fund, a county juvenile indigent drivers alcohol | 85305 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 85306 |
| fund under division (H) of this section because the director of | 85307 |
| alcohol and drug addiction services does not have the information | 85308 |
| necessary to identify the county or municipal corporation where | 85309 |
| the offender or juvenile offender was arrested may be transferred | 85310 |
| by the director of budget and management to the statewide | 85311 |
| treatment and prevention fund created by section 4301.30 of the | 85312 |
| Revised Code, upon certification of the amount by the director of | 85313 |
| alcohol and drug addiction services. | 85314 |
| (d) Seventy-five dollars shall be credited to the Ohio | 85315 |
| rehabilitation services commission established by section 3304.12 | 85316 |
| of the Revised Code, to the services for rehabilitation fund, | 85317 |
| which is hereby established. The fund shall be used to match | 85318 |
| available federal matching funds where appropriate, and for any | 85319 |
| other purpose or program of the commission to rehabilitate people | 85320 |
| with disabilities to help them become employed and independent. | 85321 |
| (e) Seventy-five dollars shall be deposited into the state | 85322 |
| treasury and credited to the drug abuse resistance education | 85323 |
| programs fund, which is hereby established, to be used by the | 85324 |
| attorney general for the purposes specified in division (F)(4) of | 85325 |
| this section. | 85326 |
| (f) Thirty dollars shall be credited to the state bureau of | 85327 |
| motor vehicles fund created by section 4501.25 of the Revised | 85328 |
| Code. | 85329 |
| (g) Twenty dollars shall be credited to the trauma and | 85330 |
| emergency medical services grants fund created by section 4513.263 | 85331 |
| of the Revised Code. | 85332 |
| (h) Fifty dollars shall be credited to the indigent drivers | 85333 |
| interlock and alcohol monitoring fund, which is hereby established | 85334 |
| in the state treasury. Monies in the fund shall be distributed by | 85335 |
| the department of public safety to the county indigent drivers | 85336 |
| interlock and alcohol monitoring funds, the county juvenile | 85337 |
| indigent drivers interlock and alcohol monitoring funds, and the | 85338 |
| municipal indigent drivers interlock and alcohol monitoring funds | 85339 |
| that are required to be established by counties and municipal | 85340 |
| corporations pursuant to this section, and shall be used only to | 85341 |
| pay the cost of an immobilizing or disabling device, including a | 85342 |
| certified ignition interlock device, or an alcohol monitoring | 85343 |
| device used by an offender or juvenile offender who is ordered to | 85344 |
| use the device by a county, juvenile, or municipal court judge and | 85345 |
| who is determined by the county, juvenile, or municipal court | 85346 |
| judge not to have the means to pay for the person's use of the | 85347 |
| device. | 85348 |
| (3) If a person's driver's or commercial driver's license or | 85349 |
| permit is suspended under this section, under section 4511.196 or | 85350 |
| division (G) of section 4511.19 of the Revised Code, under section | 85351 |
| 4510.07 of the Revised Code for a violation of a municipal OVI | 85352 |
| ordinance or under any combination of the suspensions described in | 85353 |
| division (F)(3) of this section, and if the suspensions arise from | 85354 |
| a single incident or a single set of facts and circumstances, the | 85355 |
| person is liable for payment of, and shall be required to pay to | 85356 |
| the bureau, only one reinstatement fee of four hundred twenty-five | 85357 |
| dollars. The reinstatement fee shall be distributed by the bureau | 85358 |
| in accordance with division (F)(2) of this section. | 85359 |
| (4) The attorney general shall use amounts in the drug abuse | 85360 |
| resistance education programs fund to award grants to law | 85361 |
| enforcement agencies to establish and implement drug abuse | 85362 |
| resistance education programs in public schools. Grants awarded to | 85363 |
| a law enforcement agency under this section shall be used by the | 85364 |
| agency to pay for not more than fifty per cent of the amount of | 85365 |
| the salaries of law enforcement officers who conduct drug abuse | 85366 |
| resistance education programs in public schools. The attorney | 85367 |
| general shall not use more than six per cent of the amounts the | 85368 |
| attorney general's office receives under division (F)(2)(e) of | 85369 |
| this section to pay the costs it incurs in administering the grant | 85370 |
| program established by division (F)(2)(e) of this section and in | 85371 |
| providing training and materials relating to drug abuse resistance | 85372 |
| education programs. | 85373 |
| The attorney general shall report to the governor and the | 85374 |
| general assembly each fiscal year on the progress made in | 85375 |
| establishing and implementing drug abuse resistance education | 85376 |
| programs. These reports shall include an evaluation of the | 85377 |
| effectiveness of these programs. | 85378 |
| (G) Suspension of a commercial driver's license under | 85379 |
| division (B) or (C) of this section shall be concurrent with any | 85380 |
| period of disqualification under section 3123.611 or 4506.16 of | 85381 |
| the Revised Code or any period of suspension under section 3123.58 | 85382 |
| of the Revised Code. No person who is disqualified for life from | 85383 |
| holding a commercial driver's license under section 4506.16 of the | 85384 |
| Revised Code shall be issued a driver's license under Chapter | 85385 |
| 4507. of the Revised Code during the period for which the | 85386 |
| commercial driver's license was suspended under division (B) or | 85387 |
| (C) of this section. No person whose commercial driver's license | 85388 |
| is suspended under division (B) or (C) of this section shall be | 85389 |
| issued a driver's license under Chapter 4507. of the Revised Code | 85390 |
| during the period of the suspension. | 85391 |
| (H)(1) Each county shall establish an indigent drivers | 85392 |
| alcohol treatment fund, each county shall establish a juvenile | 85393 |
| indigent drivers alcohol treatment fund, and each municipal | 85394 |
| corporation in which there is a municipal court shall establish | 85395 |
| an indigent drivers alcohol treatment fund. All revenue that the | 85396 |
| general assembly appropriates to the indigent drivers alcohol | 85397 |
| treatment fund for transfer to a county indigent drivers alcohol | 85398 |
| treatment fund, a county juvenile indigent drivers alcohol | 85399 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 85400 |
| fund, all portions of fees that are paid under division (F) of | 85401 |
| this section and that are credited under that division to the | 85402 |
| indigent drivers alcohol treatment fund in the state treasury | 85403 |
| for a county indigent drivers alcohol treatment fund, a county | 85404 |
| juvenile indigent drivers alcohol treatment fund, or a municipal | 85405 |
| indigent drivers alcohol treatment fund, all portions of | 85406 |
| additional costs imposed under section 2949.094 of the Revised | 85407 |
| Code that are specified for deposit into a county, county | 85408 |
| juvenile, or municipal indigent drivers alcohol treatment fund | 85409 |
| by that section, and all portions of fines that are specified | 85410 |
| for deposit into a county or municipal indigent drivers alcohol | 85411 |
| treatment fund by section 4511.193 of the Revised Code shall be | 85412 |
| deposited into that county indigent drivers alcohol treatment | 85413 |
| fund, county juvenile indigent drivers alcohol treatment fund, or | 85414 |
| municipal indigent drivers alcohol treatment fund. The portions | 85415 |
| of the fees paid under division (F) of this section that are to | 85416 |
| be so deposited shall be determined in accordance with | 85417 |
| division (H)(2) of this section. Additionally, all portions of | 85418 |
| fines that are paid for a violation of section 4511.19 of the | 85419 |
| Revised Code or of any prohibition contained in Chapter 4510. of | 85420 |
| the Revised Code, and that are required under section 4511.19 or | 85421 |
| any provision of Chapter 4510. of the Revised Code to be | 85422 |
| deposited into a county indigent drivers alcohol treatment fund | 85423 |
| or municipal indigent drivers alcohol treatment fund shall be | 85424 |
| deposited into the appropriate fund in accordance with the | 85425 |
| applicable division of the section or provision. | 85426 |
| (2) That portion of the license reinstatement fee that is | 85427 |
| paid under division (F) of this section and that is credited under | 85428 |
| that division to the indigent drivers alcohol treatment fund | 85429 |
| shall be deposited into a county indigent drivers alcohol | 85430 |
| treatment fund, a county juvenile indigent drivers alcohol | 85431 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 85432 |
| fund as follows: | 85433 |
| (a) Regarding a suspension imposed under this section, that | 85434 |
| portion of the fee shall be deposited as follows: | 85435 |
| (i) If the fee is paid by a person who was charged in a | 85436 |
| county court with the violation that resulted in the suspension | 85437 |
| or in the imposition of the court costs, the portion shall be | 85438 |
| deposited into the county indigent drivers alcohol treatment fund | 85439 |
| under the control of that court; | 85440 |
| (ii) If the fee is paid by a person who was charged in a | 85441 |
| juvenile court with the violation that resulted in the suspension | 85442 |
| or in the imposition of the court costs, the portion shall be | 85443 |
| deposited into the county juvenile indigent drivers alcohol | 85444 |
| treatment fund established in the county served by the court; | 85445 |
| (iii) If the fee is paid by a person who was charged in a | 85446 |
| municipal court with the violation that resulted in the | 85447 |
| suspension or in the imposition of the court costs, the portion | 85448 |
| shall be deposited into the municipal indigent drivers alcohol | 85449 |
| treatment fund under the control of that court. | 85450 |
| (b) Regarding a suspension imposed under section 4511.19 of | 85451 |
| the Revised Code or under section 4510.07 of the Revised Code for | 85452 |
| a violation of a municipal OVI ordinance, that portion of the fee | 85453 |
| shall be deposited as follows: | 85454 |
| (i) If the fee is paid by a person whose license or permit | 85455 |
| was suspended by a county court, the portion shall be deposited | 85456 |
| into the county indigent drivers alcohol treatment fund under the | 85457 |
| control of that court; | 85458 |
| (ii) If the fee is paid by a person whose license or permit | 85459 |
| was suspended by a municipal court, the portion shall be deposited | 85460 |
| into the municipal indigent drivers alcohol treatment fund under | 85461 |
| the control of that court. | 85462 |
| (3) Expenditures from a county indigent drivers alcohol | 85463 |
| treatment fund, a county juvenile indigent drivers alcohol | 85464 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 85465 |
| fund shall be made only upon the order of a county, juvenile, or | 85466 |
| municipal court judge and only for payment of the cost of an | 85467 |
| assessment or the cost of the attendance at an alcohol and drug | 85468 |
| addiction treatment program of a person who is convicted of, or | 85469 |
| found to be a juvenile traffic offender by reason of, a violation | 85470 |
| of division (A) of section 4511.19 of the Revised Code or a | 85471 |
| substantially similar municipal ordinance, who is ordered by the | 85472 |
| court to attend the alcohol and drug addiction treatment program, | 85473 |
| and who is determined by the court to be unable to pay the cost | 85474 |
| of the assessment or the cost of attendance at the treatment | 85475 |
| program or for payment of the costs specified in division (H)(4) | 85476 |
| of this section in accordance with that division. The alcohol | 85477 |
| and drug addiction services board or the board of alcohol, drug | 85478 |
| addiction, and mental health services established pursuant to | 85479 |
| section 340.02 or 340.021 of the Revised Code and serving the | 85480 |
| alcohol, drug addiction, and mental health service district in | 85481 |
| which the court is located shall administer the indigent drivers | 85482 |
| alcohol treatment program of the court. When a court orders an | 85483 |
| offender or juvenile traffic offender to obtain an assessment or | 85484 |
| attend an alcohol and drug addiction treatment program, the board | 85485 |
| shall determine which program is suitable to meet the needs of the | 85486 |
| offender or juvenile traffic offender, and when a suitable program | 85487 |
| is located and space is available at the program, the offender or | 85488 |
| juvenile traffic offender shall attend the program designated by | 85489 |
| the board. A reasonable amount not to exceed five per cent of the | 85490 |
| amounts credited to and deposited into the county indigent | 85491 |
| drivers alcohol treatment fund, the county juvenile indigent | 85492 |
| drivers alcohol treatment fund, or the municipal indigent drivers | 85493 |
| alcohol treatment fund serving every court whose program is | 85494 |
| administered by that board shall be paid to the board to cover | 85495 |
| the costs it incurs in administering those indigent drivers | 85496 |
| alcohol treatment programs. | 85497 |
| In addition, upon exhaustion of moneys in the indigent | 85498 |
| drivers interlock and alcohol monitoring fund for the use of an | 85499 |
| alcohol monitoring device, a county, juvenile, or municipal court | 85500 |
| judge may use moneys in the county indigent drivers alcohol | 85501 |
| treatment fund, county juvenile indigent drivers alcohol | 85502 |
| treatment fund, or municipal indigent drivers alcohol treatment | 85503 |
| fund in the following manners: | 85504 |
| (a) If the source of the moneys was an appropriation of the | 85505 |
| general assembly, a portion of a fee that was paid under division | 85506 |
| (F) of this section, a portion of a fine that was specified for | 85507 |
| deposit into the fund by section 4511.193 of the Revised Code, or | 85508 |
| a portion of a fine that was paid for a violation of section | 85509 |
| 4511.19 of the Revised Code or of a provision contained in Chapter | 85510 |
| 4510. of the Revised Code that was required to be deposited into | 85511 |
| the fund, to pay for the continued use of an alcohol monitoring | 85512 |
| device by an offender or juvenile traffic offender, in | 85513 |
| conjunction with a treatment program approved by the department | 85514 |
| of alcohol and drug addiction services, when such use is | 85515 |
| determined clinically necessary by the treatment program and | 85516 |
| when the court determines that the offender or juvenile traffic | 85517 |
| offender is unable to pay all or part of the daily monitoring or | 85518 |
| cost of the device; | 85519 |
| (b) If the source of the moneys was a portion of an | 85520 |
| additional court cost imposed under section 2949.094 of the | 85521 |
| Revised Code, to pay for the continued use of an alcohol | 85522 |
| monitoring device by an offender or juvenile traffic offender | 85523 |
| when the court determines that the offender or juvenile traffic | 85524 |
| offender is unable to pay all or part of the daily monitoring or | 85525 |
| cost of the device. The moneys may be used for a device as | 85526 |
| described in this division if the use of the device is in | 85527 |
| conjunction with a treatment program approved by the department | 85528 |
| of alcohol and drug addiction services, when the use of the device | 85529 |
| is determined clinically necessary by the treatment program, but | 85530 |
| the use of a device is not required to be in conjunction with a | 85531 |
| treatment program approved by the department in order for the | 85532 |
| moneys to be used for the device as described in this division. | 85533 |
| (4) If a county, juvenile, or municipal court determines, in | 85534 |
| consultation with the alcohol and drug addiction services board | 85535 |
| or the board of alcohol, drug addiction, and mental health | 85536 |
| services established pursuant to section 340.02 or 340.021 of the | 85537 |
| Revised Code and serving the alcohol, drug addiction, and mental | 85538 |
| health district in which the court is located, that the funds in | 85539 |
| the county indigent drivers alcohol treatment fund, the county | 85540 |
| juvenile indigent drivers alcohol treatment fund, or the | 85541 |
| municipal indigent drivers alcohol treatment fund under the | 85542 |
| control of the court are more than sufficient to satisfy the | 85543 |
| purpose for which the fund was established, as specified in | 85544 |
| divisions (H)(1) to (3) of this section, the court may declare a | 85545 |
| surplus in the fund. If the court declares a surplus in the | 85546 |
| fund, the court may expend the amount of the surplus in the fund | 85547 |
| for: | 85548 |
| (a) Alcohol and drug abuse assessment and treatment of | 85549 |
| persons who are charged in the court with committing a criminal | 85550 |
| offense or with being a delinquent child or juvenile traffic | 85551 |
| offender and in relation to whom both of the following apply: | 85552 |
| (i) The court determines that substance abuse was a | 85553 |
| contributing factor leading to the criminal or delinquent activity | 85554 |
| or the juvenile traffic offense with which the person is charged. | 85555 |
| (ii) The court determines that the person is unable to pay | 85556 |
| the cost of the alcohol and drug abuse assessment and treatment | 85557 |
| for which the surplus money will be used. | 85558 |
| (b) All or part of the cost of purchasing alcohol monitoring | 85559 |
| devices to be used in conjunction with division (H)(3) of this | 85560 |
| section, upon exhaustion of moneys in the indigent drivers | 85561 |
| interlock and alcohol monitoring fund for the use of an alcohol | 85562 |
| monitoring device. | 85563 |
| (5) For the purpose of determining as described in division | 85564 |
| (F)(2)(c) of this section whether an offender does not have the | 85565 |
| means to pay for the offender's attendance at an alcohol and drug | 85566 |
| addiction treatment program or whether an alleged offender or | 85567 |
| delinquent child is unable to pay the costs specified in division | 85568 |
| (H)(4) of this section, the court shall use the indigent client | 85569 |
| eligibility guidelines and the standards of indigency established | 85570 |
| by the state public defender to make the determination. | 85571 |
| (6) The court shall identify and refer any alcohol and drug | 85572 |
| addiction program that is not certified under section 3793.06 of | 85573 |
| the Revised Code and that is interested in receiving amounts from | 85574 |
| the surplus in the fund declared under division (H)(4) of this | 85575 |
| section to the department of alcohol and drug addiction services | 85576 |
| in order for the program to become a certified alcohol and drug | 85577 |
| addiction program. The department shall keep a record of | 85578 |
| applicant referrals received pursuant to this division and shall | 85579 |
| submit a report on the referrals each year to the general | 85580 |
| assembly. If a program interested in becoming certified makes an | 85581 |
| application to become certified pursuant to section 3793.06 of | 85582 |
| the Revised Code, the program is eligible to receive surplus | 85583 |
| funds as long as the application is pending with the department. | 85584 |
| The department of alcohol and drug addiction services must offer | 85585 |
| technical assistance to the applicant. If the interested program | 85586 |
| withdraws the certification application, the department must | 85587 |
| notify the court, and the court shall not provide the interested | 85588 |
| program with any further surplus funds. | 85589 |
| (7)(a) Each alcohol and drug addiction services board and | 85590 |
| board of alcohol, drug addiction, and mental health services | 85591 |
| established pursuant to section 340.02 or 340.021 of the Revised | 85592 |
| Code shall submit to the department of alcohol and drug addiction | 85593 |
| services an annual report for each indigent drivers alcohol | 85594 |
| treatment fund in that board's area. | 85595 |
| (b) The report, which shall be submitted not later than sixty | 85596 |
| days after the end of the state fiscal year, shall provide the | 85597 |
| total payment that was made from the fund, including the number of | 85598 |
| indigent consumers that received treatment services and the number | 85599 |
| of indigent consumers that received an alcohol monitoring device. | 85600 |
| The report shall identify the treatment program and expenditure | 85601 |
| for an alcohol monitoring device for which that payment was made. | 85602 |
| The report shall include the fiscal year balance of each indigent | 85603 |
| drivers alcohol treatment fund located in that board's area. In | 85604 |
| the event that a surplus is declared in the fund pursuant to | 85605 |
| division (H)(4) of this section, the report also shall provide the | 85606 |
| total payment that was made from the surplus moneys and identify | 85607 |
| the treatment program and expenditure for an alcohol monitoring | 85608 |
| device for which that payment was made. The department may require | 85609 |
| additional information necessary to complete the comprehensive | 85610 |
| statewide alcohol and drug addiction services plan as required by | 85611 |
| section 3793.04 of the Revised Code. | 85612 |
| (c) If a board is unable to obtain adequate information to | 85613 |
| develop the report to submit to the department for a particular | 85614 |
| indigent drivers alcohol treatment fund, the board shall submit a | 85615 |
| report detailing the effort made in obtaining the information. | 85616 |
| (I)(1) Each county shall establish an indigent drivers | 85617 |
| interlock and alcohol monitoring fund and a juvenile indigent | 85618 |
| drivers interlock and alcohol treatment fund, and each municipal | 85619 |
| corporation in which there is a municipal court shall establish an | 85620 |
| indigent drivers interlock and alcohol monitoring fund. All | 85621 |
| revenue that the general assembly appropriates to the indigent | 85622 |
| drivers interlock and alcohol monitoring fund for transfer to a | 85623 |
| county indigent drivers interlock and alcohol monitoring fund, a | 85624 |
| county juvenile indigent drivers interlock and alcohol monitoring | 85625 |
| fund, or a municipal indigent drivers interlock and alcohol | 85626 |
| monitoring fund, all portions of license reinstatement fees that | 85627 |
| are paid under division (F)(2) of this section and that are | 85628 |
| credited under that division to the indigent drivers interlock and | 85629 |
| alcohol monitoring fund in the state treasury, and all portions of | 85630 |
| fines that are paid under division (G) of section 4511.19 of the | 85631 |
| Revised Code and that are credited by division (G)(5)(e) of that | 85632 |
| section to the indigent drivers interlock and alcohol monitoring | 85633 |
| fund in the state treasury shall be deposited in the appropriate | 85634 |
| fund in accordance with division (I)(2) of this section. | 85635 |
| (2) That portion of the license reinstatement fee that is | 85636 |
| paid under division (F) of this section and that portion of the | 85637 |
| fine paid under division (G) of section 4511.19 of the Revised | 85638 |
| Code and that is credited under either division to the indigent | 85639 |
| drivers interlock and alcohol monitoring fund shall be deposited | 85640 |
| into a county indigent drivers interlock and alcohol monitoring | 85641 |
| fund, a county juvenile indigent drivers interlock and alcohol | 85642 |
| monitoring fund, or a municipal indigent drivers interlock and | 85643 |
| alcohol monitoring fund as follows: | 85644 |
| (a) If the fee or fine is paid by a person who was charged in | 85645 |
| a county court with the violation that resulted in the suspension | 85646 |
| or fine, the portion shall be deposited into the county indigent | 85647 |
| drivers interlock and alcohol monitoring fund under the control of | 85648 |
| that court. | 85649 |
| (b) If the fee or fine is paid by a person who was charged in | 85650 |
| a juvenile court with the violation that resulted in the | 85651 |
| suspension or fine, the portion shall be deposited into the county | 85652 |
| juvenile indigent drivers interlock and alcohol monitoring fund | 85653 |
| established in the county served by the court. | 85654 |
| (c) If the fee or fine is paid by a person who was charged in | 85655 |
| a municipal court with the violation that resulted in the | 85656 |
| suspension, the portion shall be deposited into the municipal | 85657 |
| indigent drivers interlock and alcohol monitoring fund under the | 85658 |
| control of that court. | 85659 |
| Sec. 4511.81. (A) When any child who is in either or both of | 85660 |
| the following categories is being transported in a motor vehicle, | 85661 |
| other than a taxicab or public safety vehicle as defined in | 85662 |
| section 4511.01 of the Revised Code, that is required by the | 85663 |
| United States department of transportation to be equipped with | 85664 |
| seat belts at the time of manufacture or assembly, the operator of | 85665 |
| the motor vehicle shall have the child properly secured in | 85666 |
| accordance with the manufacturer's instructions in a child | 85667 |
| restraint system that meets federal motor vehicle safety | 85668 |
| standards: | 85669 |
| (1) A child who is less than four years of age; | 85670 |
| (2) A child who weighs less than forty pounds. | 85671 |
| (B) When any child who is in either or both of the following | 85672 |
| categories is being transported in a motor vehicle, other than a | 85673 |
| taxicab, that is owned, leased, or otherwise under the control of | 85674 |
| a nursery school or day-care center, the operator of the motor | 85675 |
| vehicle shall have the child properly secured in accordance with | 85676 |
| the manufacturer's instructions in a child restraint system that | 85677 |
| meets federal motor vehicle safety standards: | 85678 |
| (1) A child who is less than four years of age; | 85679 |
| (2) A child who weighs less than forty pounds. | 85680 |
| (C) When any child who is less than eight years of age and | 85681 |
| less than four feet nine inches in height, who is not required by | 85682 |
| division (A) or (B) of this section to be secured in a child | 85683 |
| restraint system, is being transported in a motor vehicle, other | 85684 |
| than a taxicab or public safety vehicle as defined in section | 85685 |
| 4511.01 of the Revised Code or a vehicle that is regulated under | 85686 |
| section 5104.011 of the Revised Code, that is required by the | 85687 |
| United States department of transportation to be equipped with | 85688 |
| seat belts at the time of manufacture or assembly, the operator | 85689 |
| of the motor vehicle shall have the child properly secured in | 85690 |
| accordance with the manufacturer's instructions on a booster | 85691 |
| seat that meets federal motor vehicle safety standards. | 85692 |
| (D) When any child who is at least eight years of age but | 85693 |
| not older than fifteen years of age, and who is not otherwise | 85694 |
| required by division (A), (B), or (C) of this section to be | 85695 |
| secured in a child restraint system or booster seat, is being | 85696 |
| transported in a motor vehicle, other than a taxicab or public | 85697 |
| safety vehicle as defined in section 4511.01 of the Revised | 85698 |
| Code, that is required by the United States department of | 85699 |
| transportation to be equipped with seat belts at the time of | 85700 |
| manufacture or assembly, the operator of the motor vehicle shall | 85701 |
| have the child properly restrained either in accordance with the | 85702 |
| manufacturer's instructions in a child restraint system or | 85703 |
| booster seat that meets federal motor vehicle safety standards | 85704 |
| or in an occupant restraining device as defined in section | 85705 |
| 4513.263 of the Revised Code. | 85706 |
| (E) Notwithstanding any provision of law to the contrary, no | 85707 |
| law enforcement officer shall cause an operator of a motor | 85708 |
| vehicle being operated on any street or highway to stop the motor | 85709 |
| vehicle for the sole purpose of determining whether a violation | 85710 |
| of division (C) or (D) of this section has been or is being | 85711 |
| committed or for the sole purpose of issuing a ticket, citation, | 85712 |
| or summons for a violation of division (C) or (D) of this | 85713 |
| section or causing the arrest of or commencing a prosecution of | 85714 |
| a person for a violation of division (C) or (D) of this section, | 85715 |
| and absent another violation of law, a law enforcement | 85716 |
| officer's view of the interior or visual inspection of a motor | 85717 |
| vehicle being operated on any street or highway may not be used | 85718 |
| for the purpose of determining whether a violation of division | 85719 |
| (C) or (D) of this section has been or is being committed. | 85720 |
| (F) The director of public safety shall adopt such rules as | 85721 |
| are necessary to carry out this section. | 85722 |
| (G) The failure of an operator of a motor vehicle to secure a | 85723 |
| child in a child restraint system, a booster seat, or an occupant | 85724 |
| restraining device as required by this section is not negligence | 85725 |
|
imputable to
the child | 85726 |
| civil action involving the rights of the child against any other | 85727 |
|
person
allegedly liable for injuries to the
child | 85728 |
| 85729 | |
| 85730 | |
| 85731 | |
| 85732 | |
| 85733 |
| (H) This section does not apply when an emergency exists that | 85734 |
| threatens the life of any person operating or occupying a motor | 85735 |
| vehicle that is being used to transport a child who otherwise | 85736 |
| would be required to be restrained under this section. This | 85737 |
| section does not apply to a person operating a motor vehicle | 85738 |
| who has an affidavit signed by a physician licensed to practice | 85739 |
| in this state under Chapter 4731. of the Revised Code or a | 85740 |
| chiropractor licensed to practice in this state under Chapter | 85741 |
| 4734. of the Revised Code that states that the child who | 85742 |
| otherwise would be required to be restrained under this section | 85743 |
| has a physical impairment that makes use of a child restraint | 85744 |
| system, booster seat, or an occupant restraining device | 85745 |
| impossible or impractical, provided that the person operating the | 85746 |
| vehicle has safely and appropriately restrained the child in | 85747 |
| accordance with any recommendations of the physician or | 85748 |
| chiropractor as noted on the affidavit. | 85749 |
| (I) There is hereby created in the state treasury the child | 85750 |
| highway safety fund, consisting of fines imposed pursuant to | 85751 |
|
division | 85752 |
| (A), (B), (C), and (D) of this section. The money in the fund | 85753 |
|
shall
be
used
by the department of health | 85754 |
| 85755 | |
| 85756 | |
| administer a child highway safety program. The purpose of the | 85757 |
| program shall be to educate the public about child restraint | 85758 |
| systems and booster seats and the importance of their proper | 85759 |
| use. The program also shall include a process for providing | 85760 |
| child restraint systems and booster seats to persons who meet the | 85761 |
| eligibility criteria established by the department, and a | 85762 |
| toll-free telephone number the public may utilize to obtain | 85763 |
| information about child restraint systems and booster seats, and | 85764 |
| their proper use. | 85765 |
| (J) The director of health, in accordance with Chapter 119. | 85766 |
| of the Revised Code, shall adopt any rules necessary to carry out | 85767 |
| this section, including rules establishing the criteria a person | 85768 |
| must meet in order to receive a child restraint system or booster | 85769 |
|
seat under the
department's child highway
safety program | 85770 |
| 85771 | |
| 85772 |
| (K) Nothing in this section shall be construed to require | 85773 |
| any person to carry with the person the birth certificate of a | 85774 |
| child to prove the age of the child, but the production of a valid | 85775 |
| birth certificate for a child showing that the child was not of an | 85776 |
| age to which this section applies is a defense against any ticket, | 85777 |
| citation, or summons issued for violating this section. | 85778 |
| (L)(1) Whoever violates division (A), (B), (C), or (D) of | 85779 |
| this section shall be punished as follows, provided that the | 85780 |
| failure of an operator of a motor vehicle to secure more than one | 85781 |
| child in a child restraint system, booster seat, or occupant | 85782 |
| restraining device as required by this section that occurred at | 85783 |
| the same time, on the same day, and at the same location is deemed | 85784 |
| to be a single violation of this section: | 85785 |
| (a) Except as otherwise provided in division (L)(1)(b) of | 85786 |
| this section, the offender is guilty of a minor misdemeanor and | 85787 |
|
shall be fined not less than | 85788 |
| than seventy-five dollars for a first offense. | 85789 |
| (b) If the offender previously has been convicted of or | 85790 |
| pleaded guilty to a violation of division (A), (B), (C), or (D) | 85791 |
| of this section or of a municipal ordinance that is substantially | 85792 |
| similar to any of those divisions, the offender is guilty of a | 85793 |
| misdemeanor of the fourth degree and shall be fined not less than | 85794 |
| one hundred dollars. | 85795 |
| (2) | 85796 |
| (L)(1) of this section not less than fifty dollars shall be | 85797 |
| forwarded to the treasurer of state for deposit in the child | 85798 |
| highway safety fund created by division (I) of this section. | 85799 |
| Sec. 4513.021. (A) As used in this section: | 85800 |
| (1) "Passenger car" means any motor vehicle with motive | 85801 |
| power, designed for carrying ten persons or less, except a | 85802 |
| multipurpose passenger vehicle or motorcycle. | 85803 |
| (2) "Multipurpose passenger vehicle" means a motor vehicle | 85804 |
| with motive power, except a motorcycle, designed to carry ten | 85805 |
| persons or less, that is constructed either on a truck chassis or | 85806 |
| with special features for occasional off-road operation. | 85807 |
| (3) "Truck" means every motor vehicle, except trailers and | 85808 |
| semitrailers, designed and used to carry property and having a | 85809 |
| gross vehicle weight rating of ten thousand pounds or less. | 85810 |
| (4) "Manufacturer" has the same meaning as in section 4501.01 | 85811 |
| of the Revised Code. | 85812 |
| (5) "Gross vehicle weight rating" means the manufacturer's | 85813 |
| gross vehicle weight rating established for that vehicle. | 85814 |
| (B) The director of public safety, in accordance with Chapter | 85815 |
| 119. of the Revised Code, shall adopt rules in conformance with | 85816 |
| standards of the vehicle equipment safety commission, that shall | 85817 |
| govern the maximum bumper height or, in the absence of bumpers and | 85818 |
| in cases where bumper heights have been lowered or modified, the | 85819 |
| maximum height to the bottom of the frame rail, of any passenger | 85820 |
| car, multipurpose passenger vehicle, or truck. | 85821 |
| (C) No person shall operate upon a street or highway any | 85822 |
| passenger car, multipurpose passenger vehicle, or truck registered | 85823 |
| in this state that does not conform to the requirements of this | 85824 |
| section or to any applicable rule adopted pursuant to this | 85825 |
| section. | 85826 |
| (D) No person shall modify any motor vehicle registered in | 85827 |
| this state in such a manner as to cause the vehicle body or | 85828 |
| chassis to come in contact with the ground, expose the fuel tank | 85829 |
| to damage from collision, or cause the wheels to come in contact | 85830 |
| with the body under normal operation, and no person shall | 85831 |
| disconnect any part of the original suspension system of the | 85832 |
| vehicle to defeat the safe operation of that system. | 85833 |
| (E) Nothing contained in this section or in the rules adopted | 85834 |
| pursuant to this section shall be construed to prohibit either of | 85835 |
| the following: | 85836 |
| (1) The installation upon a passenger car, multipurpose | 85837 |
| passenger vehicle, or truck registered in this state of heavy duty | 85838 |
| equipment, including shock absorbers and overload springs; | 85839 |
| (2) The operation on a street or highway of a passenger car, | 85840 |
| multipurpose passenger vehicle, or truck registered in this state | 85841 |
| with normal wear to the suspension system if the normal wear does | 85842 |
| not adversely affect the control of the vehicle. | 85843 |
| (F) This section and the rules adopted pursuant to it do not | 85844 |
| apply to any specially designed or modified passenger car, | 85845 |
| multipurpose passenger vehicle, or truck when operated off a | 85846 |
| street or highway in races and similar events. | 85847 |
| (G)
| 85848 |
| Whoever violates this section is guilty of a minor misdemeanor. | 85849 |
| 85850 | |
| 85851 | |
| 85852 |
| Sec. 4513.03. (A) Every vehicle upon a street or highway | 85853 |
| within this state during the time from sunset to sunrise, and at | 85854 |
| any other time when there are unfavorable atmospheric conditions | 85855 |
| or when there is not sufficient natural light to render | 85856 |
| discernible persons, vehicles, and substantial objects on the | 85857 |
| highway at a distance of one thousand feet ahead, shall display | 85858 |
| lighted lights and illuminating devices as required by sections | 85859 |
| 4513.04 to 4513.37 of the Revised Code, for different classes of | 85860 |
| vehicles; except that every motorized bicycle shall display at | 85861 |
| such times lighted lights meeting the rules adopted by the | 85862 |
| director of public safety under section 4511.521 of the Revised | 85863 |
| Code. No motor vehicle, during such times, shall be operated upon | 85864 |
| a street or highway within this state using only parking lights as | 85865 |
| illumination. | 85866 |
| Whenever in such sections a requirement is declared as to the | 85867 |
| distance from which certain lamps and devices shall render objects | 85868 |
| visible, or within which such lamps or devices shall be visible, | 85869 |
| such distance shall be measured upon a straight level unlighted | 85870 |
| highway under normal atmospheric conditions unless a different | 85871 |
| condition is expressly stated. | 85872 |
| Whenever in such sections a requirement is declared as to the | 85873 |
| mounted height of lights or devices, it shall mean from the center | 85874 |
| of such light or device to the level ground upon which the vehicle | 85875 |
| stands. | 85876 |
| (B) Whoever violates this section | 85877 |
| 85878 | |
| minor misdemeanor. | 85879 |
| Sec. 4513.04. (A) Every motor vehicle, other than a | 85880 |
| motorcycle, and every trackless trolley shall be equipped with at | 85881 |
| least two headlights with at least one near each side of the front | 85882 |
| of the motor vehicle or trackless trolley. | 85883 |
| Every motorcycle shall be equipped with at least one and not | 85884 |
| more than two headlights. | 85885 |
| (B)
Whoever violates this section | 85886 |
| 85887 | |
| minor misdemeanor. | 85888 |
| Sec. 4513.05. (A) Every motor vehicle, trackless trolley, | 85889 |
| trailer, semitrailer, pole trailer, or vehicle which is being | 85890 |
| drawn at the end of a train of vehicles shall be equipped with at | 85891 |
| least one tail light mounted on the rear which, when lighted, | 85892 |
| shall emit a red light visible from a distance of five hundred | 85893 |
| feet to the rear, provided that in the case of a train of vehicles | 85894 |
| only the tail light on the rearmost vehicle need be visible from | 85895 |
| the distance specified. | 85896 |
| Either a tail light or a separate light shall be so | 85897 |
| constructed and placed as to illuminate with a white light the | 85898 |
| rear registration plate, when such registration plate is required, | 85899 |
| and render it legible from a distance of fifty feet to the rear. | 85900 |
| Any tail light, together with any separate light for illuminating | 85901 |
| the rear registration plate, shall be so wired as to be lighted | 85902 |
| whenever the headlights or auxiliary driving lights are lighted, | 85903 |
| except where separate lighting systems are provided for trailers | 85904 |
| for the purpose of illuminating such registration plate. | 85905 |
| (B)
Whoever violates this section | 85906 |
| 85907 | |
| minor misdemeanor. | 85908 |
| Sec. 4513.06. (A) Every new motor vehicle sold after | 85909 |
| September 6, 1941, and operated on a highway, other than a | 85910 |
| commercial tractor, to which a trailer or semitrailer is attached | 85911 |
| shall carry at the rear, either as a part of the tail lamps or | 85912 |
| separately, two red reflectors meeting the requirements of this | 85913 |
| section, except that vehicles of the type mentioned in section | 85914 |
| 4513.07 of the Revised Code shall be equipped with reflectors as | 85915 |
| required by the regulations provided for in said section. | 85916 |
| Every such reflector shall be of such size and | 85917 |
| characteristics and so maintained as to be visible at night from | 85918 |
| all distances within three hundred feet to fifty feet from such | 85919 |
| vehicle. | 85920 |
| (B)
Whoever violates this section | 85921 |
| 85922 | |
| minor misdemeanor. | 85923 |
| Sec. 4513.07. (A) The director of public safety shall | 85924 |
| prescribe and promulgate regulations relating to clearance lights, | 85925 |
| marker lights, reflectors, and stop lights on buses, trackless | 85926 |
| trolleys, trucks, commercial tractors, trailers, semitrailers, and | 85927 |
| pole trailers, when operated upon any highway, and such vehicles | 85928 |
| shall be equipped as required by such regulations, and such | 85929 |
| equipment shall be lighted at all times mentioned in section | 85930 |
| 4513.03 of the Revised Code, except that clearance lights and side | 85931 |
| marker lights need not be lighted on any such vehicle when it is | 85932 |
| operated within a municipal corporation where there is sufficient | 85933 |
| light to reveal any person or substantial object on the highway at | 85934 |
| a distance of five hundred feet. | 85935 |
| Such equipment shall be in addition to all other lights | 85936 |
| specifically required by sections 4513.03 to 4513.16 of the | 85937 |
| Revised Code. | 85938 |
| Vehicles operated under the jurisdiction of the public | 85939 |
| utilities commission are not subject to this section. | 85940 |
| (B)
Whoever violates this section | 85941 |
| 85942 | |
| minor misdemeanor. | 85943 |
| Sec. 4513.071. (A) Every motor vehicle, trailer, | 85944 |
| semitrailer, and pole trailer when operated upon a highway shall | 85945 |
| be equipped with two or more stop lights, except that passenger | 85946 |
| cars manufactured or assembled prior to January 1, 1967, | 85947 |
| motorcycles, and motor-driven cycles shall be equipped with at | 85948 |
| least one stop light. Stop lights shall be mounted on the rear of | 85949 |
| the vehicle, actuated upon application of the service brake, and | 85950 |
| may be incorporated with other rear lights. Such stop lights when | 85951 |
| actuated shall emit a red light visible from a distance of five | 85952 |
| hundred feet to the rear, provided that in the case of a train of | 85953 |
| vehicles only the stop lights on the rear-most vehicle need be | 85954 |
| visible from the distance specified. | 85955 |
| Such stop lights when actuated shall give a steady warning | 85956 |
| light to the rear of a vehicle or train of vehicles to indicate | 85957 |
| the intention of the operator to diminish the speed of or stop a | 85958 |
| vehicle or train of vehicles. | 85959 |
| When stop lights are used as required by this section, they | 85960 |
| shall be constructed or installed so as to provide adequate and | 85961 |
| reliable illumination and shall conform to the appropriate rules | 85962 |
| and regulations established under section 4513.19 of the Revised | 85963 |
| Code. | 85964 |
| Historical motor vehicles as defined in section 4503.181 of | 85965 |
| the Revised Code, not originally manufactured with stop lights, | 85966 |
| are not subject to this section. | 85967 |
| (B) Whoever violates this section | 85968 |
| 85969 | |
| minor misdemeanor. | 85970 |
| Sec. 4513.09. (A) Whenever the load upon any vehicle extends | 85971 |
| to the rear four feet or more beyond the bed or body of such | 85972 |
| vehicle, there shall be displayed at the extreme rear end of the | 85973 |
| load, at the times specified in section 4513.03 of the Revised | 85974 |
| Code, a red light or lantern plainly visible from a distance of at | 85975 |
| least five hundred feet to the sides and rear. The red light or | 85976 |
| lantern required by this section is in addition to the red rear | 85977 |
| light required upon every vehicle. At any other time there shall | 85978 |
| be displayed at the extreme rear end of such load a red flag or | 85979 |
| cloth not less than sixteen inches square. | 85980 |
| (B)
Whoever violates this section | 85981 |
| 85982 | |
| minor misdemeanor. | 85983 |
| Sec. 4513.11. (A) All vehicles other than bicycles, | 85984 |
| including animal-drawn vehicles and vehicles referred to in | 85985 |
| division (G) of section 4513.02 of the Revised Code, not | 85986 |
| specifically required to be equipped with lamps or other lighting | 85987 |
| devices by sections 4513.03 to 4513.10 of the Revised Code, shall, | 85988 |
| at the times specified in section 4513.03 of the Revised Code, be | 85989 |
| equipped with at least one lamp displaying a white light visible | 85990 |
| from a distance of not less than one thousand feet to the front of | 85991 |
| the vehicle, and also shall be equipped with two lamps displaying | 85992 |
| red light visible from a distance of not less than one thousand | 85993 |
| feet to the rear of the vehicle, or as an alternative, one lamp | 85994 |
| displaying a red light visible from a distance of not less than | 85995 |
| one thousand feet to the rear and two red reflectors visible from | 85996 |
| all distances of six hundred feet to one hundred feet to the rear | 85997 |
| when illuminated by the lawful lower beams of headlamps. | 85998 |
| Lamps and reflectors required or authorized by this section | 85999 |
| shall meet standards adopted by the director of public safety. | 86000 |
| (B) All boat trailers, farm machinery, and other machinery, | 86001 |
| including all road construction machinery, upon a street or | 86002 |
| highway, except when being used in actual construction and | 86003 |
| maintenance work in an area guarded by a flagperson, or where | 86004 |
| flares are used, or when operating or traveling within the limits | 86005 |
| of a construction area designated by the director of | 86006 |
| transportation, a city engineer, or the county engineer of the | 86007 |
| several counties, when such construction area is marked in | 86008 |
| accordance with requirements of the director and the manual of | 86009 |
| uniform traffic control devices, as set forth in section 4511.09 | 86010 |
| of the Revised Code, which is designed for operation at a speed of | 86011 |
| twenty-five miles per hour or less shall be operated at a speed | 86012 |
| not exceeding twenty-five miles per hour, and shall display a | 86013 |
| triangular slow-moving vehicle emblem (SMV). The emblem shall be | 86014 |
| mounted so as to be visible from a distance of not less than five | 86015 |
| hundred feet to the rear. The director of public safety shall | 86016 |
| adopt standards and specifications for the design and position of | 86017 |
| mounting the SMV emblem. The standards and specifications for SMV | 86018 |
| emblems referred to in this section shall correlate with and, so | 86019 |
| far as possible, conform with those approved by the American | 86020 |
| society of agricultural engineers. | 86021 |
| A unit of farm machinery that is designed by its manufacturer | 86022 |
| to operate at a speed greater than twenty-five miles per hour may | 86023 |
| be operated on a street or highway at a speed greater than | 86024 |
| twenty-five miles per hour provided it is operated in accordance | 86025 |
| with this section. | 86026 |
| As used in this division, "machinery" does not include any | 86027 |
| vehicle designed to be drawn by an animal. | 86028 |
| (C) The use of the SMV emblem shall be restricted to | 86029 |
| animal-drawn vehicles, and to the slow-moving vehicles specified | 86030 |
| in division (B) of this section operating or traveling within the | 86031 |
| limits of the highway. Its use on slow-moving vehicles being | 86032 |
| transported upon other types of vehicles or on any other type of | 86033 |
| vehicle or stationary object on the highway is prohibited. | 86034 |
| (D)(1) No person shall sell, lease, rent, or operate any boat | 86035 |
| trailer, farm machinery, or other machinery defined as a | 86036 |
| slow-moving vehicle in division (B) of this section, except those | 86037 |
| units designed to be completely mounted on a primary power unit, | 86038 |
| which is manufactured or assembled on or after April 1, 1966, | 86039 |
| unless the vehicle is equipped with a slow-moving vehicle emblem | 86040 |
| mounting device as specified in division (B) of this section. | 86041 |
| (2) No person shall sell, lease, rent, or operate on a street | 86042 |
| or highway any unit of farm machinery that is designed by its | 86043 |
| manufacturer to operate at a speed greater than twenty-five miles | 86044 |
| per hour unless the unit displays a slow-moving vehicle emblem as | 86045 |
| specified in division (B) of this section and a speed | 86046 |
| identification symbol that meets the specifications contained in | 86047 |
| the American society of agricultural engineers standard ANSI/ASAE | 86048 |
| S584 JAN2005, agricultural equipment: speed identification symbol | 86049 |
| (SIS). | 86050 |
| (E) Any boat trailer, farm machinery, or other machinery | 86051 |
| defined as a slow-moving vehicle in division (B) of this section, | 86052 |
| in addition to the use of the slow-moving vehicle emblem, and any | 86053 |
| unit of farm machinery that is designed by its manufacturer to | 86054 |
| operate at a speed greater than twenty-five miles per hour, in | 86055 |
| addition to the display of a speed identification symbol, may be | 86056 |
| equipped with a red flashing light that shall be visible from a | 86057 |
| distance of not less than one thousand feet to the rear at all | 86058 |
| times specified in section 4513.03 of the Revised Code. When a | 86059 |
| double-faced light is used, it shall display amber light to the | 86060 |
| front and red light to the rear. | 86061 |
| In addition to the lights described in this division, farm | 86062 |
| machinery and motor vehicles escorting farm machinery may display | 86063 |
| a flashing, oscillating, or rotating amber light, as permitted by | 86064 |
| section 4513.17 of the Revised Code, and also may display | 86065 |
| simultaneously flashing turn signals or warning lights, as | 86066 |
| permitted by that section. | 86067 |
| (F) Every animal-drawn vehicle upon a street or highway shall | 86068 |
| at all times be equipped in one of the following ways: | 86069 |
| (1) With a slow-moving vehicle emblem complying with division | 86070 |
| (B) of this section; | 86071 |
| (2) With alternate reflective material complying with rules | 86072 |
| adopted under this division; | 86073 |
| (3) With both a slow-moving vehicle emblem and alternate | 86074 |
| reflective material as specified in this division. | 86075 |
| The director of public safety, subject to Chapter 119. of the | 86076 |
| Revised Code, shall adopt rules establishing standards and | 86077 |
| specifications for the position of mounting of the alternate | 86078 |
| reflective material authorized by this division. The rules shall | 86079 |
| permit, as a minimum, the alternate reflective material to be | 86080 |
| black, gray, or silver in color. The alternate reflective material | 86081 |
| shall be mounted on the animal-drawn vehicle so as to be visible, | 86082 |
| at all times specified in section 4513.03 of the Revised Code, | 86083 |
| from a distance of not less than five hundred feet to the rear | 86084 |
| when illuminated by the lawful lower beams of headlamps. | 86085 |
| (G) Every unit of farm machinery that is designed by its | 86086 |
| manufacturer to operate at a speed greater than twenty-five miles | 86087 |
| per hour shall display a slow-moving vehicle emblem and a speed | 86088 |
| identification symbol that meets the specifications contained in | 86089 |
| the American society of agricultural engineers standard ANSI/ASAE | 86090 |
| S584 JAN2005, agricultural equipment: speed identification symbol | 86091 |
| (SIS) when the unit is operated upon a street or highway, | 86092 |
| irrespective of the speed at which the unit is operated on the | 86093 |
| street or highway. The speed identification symbol shall indicate | 86094 |
| the maximum speed in miles per hour at which the unit of farm | 86095 |
| machinery is designed by its manufacturer to operate. The display | 86096 |
| of the speed identification symbol shall be in accordance with the | 86097 |
| standard prescribed in this division. | 86098 |
| If an agricultural tractor that is designed by its | 86099 |
| manufacturer to operate at a speed greater than twenty-five miles | 86100 |
| per hour is being operated on a street or highway at a speed | 86101 |
| greater than twenty-five miles per hour and is towing, pulling, or | 86102 |
| otherwise drawing a unit of farm machinery, the unit of farm | 86103 |
| machinery shall display a slow-moving vehicle emblem and a speed | 86104 |
| identification symbol that is the same as the speed identification | 86105 |
| symbol that is displayed on the agricultural tractor. | 86106 |
| (H) When an agricultural tractor that is designed by its | 86107 |
| manufacturer to operate at a speed greater than twenty-five miles | 86108 |
| per hour is being operated on a street or highway at a speed | 86109 |
| greater than twenty-five miles per hour, the operator shall | 86110 |
| possess some documentation published or provided by the | 86111 |
| manufacturer indicating the maximum speed in miles per hour at | 86112 |
| which the manufacturer designed the agricultural tractor to | 86113 |
| operate. | 86114 |
| (I)
Whoever violates this section | 86115 |
| 86116 | |
| minor misdemeanor. | 86117 |
| (J) As used in this section, "boat trailer" means any vehicle | 86118 |
| designed and used exclusively to transport a boat between a place | 86119 |
| of storage and a marina, or in and around a marina, when drawn or | 86120 |
| towed on a street or highway for a distance of no more than ten | 86121 |
| miles and at a speed of twenty-five miles per hour or less. | 86122 |
| Sec. 4513.111. (A)(1) Every multi-wheel agricultural tractor | 86123 |
| whose model year was 2001 or earlier, when being operated or | 86124 |
| traveling on a street or highway at the times specified in section | 86125 |
| 4513.03 of the Revised Code, at a minimum shall be equipped with | 86126 |
| and display reflectors and illuminated amber lamps so that the | 86127 |
| extreme left and right projections of the tractor are indicated by | 86128 |
| flashing lamps displaying amber light, visible to the front and | 86129 |
| the rear, by amber reflectors, all visible to the front, and by | 86130 |
| red reflectors, all visible to the rear. | 86131 |
| (2) The lamps displaying amber light need not flash | 86132 |
| simultaneously and need not flash in conjunction with any | 86133 |
| directional signals of the tractor. | 86134 |
| (3) The lamps and reflectors required by division (A)(1) of | 86135 |
| this section and their placement shall meet standards and | 86136 |
| specifications contained in rules adopted by the director of | 86137 |
| public safety in accordance with Chapter 119. of the Revised Code. | 86138 |
| The rules governing the amber lamps, amber reflectors, and red | 86139 |
| reflectors and their placement shall correlate with and, as far as | 86140 |
| possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2 | 86141 |
| respectively of the American society of agricultural engineers | 86142 |
| standard ANSI/ASAE S279.10 OCT98, lighting and marking of | 86143 |
| agricultural equipment on highways. | 86144 |
| (B) Every unit of farm machinery whose model year was 2002 or | 86145 |
| later, when being operated or traveling on a street or highway at | 86146 |
| the times specified in section 4513.03 of the Revised Code, shall | 86147 |
| be equipped with and display markings and illuminated lamps that | 86148 |
| meet or exceed the lighting, illumination, and marking standards | 86149 |
| and specifications that are applicable to that type of farm | 86150 |
| machinery for the unit's model year specified in the American | 86151 |
| society of agricultural engineers standard ANSI/ASAE S279.11 | 86152 |
| APR01, lighting and marking of agricultural equipment on highways, | 86153 |
| or any subsequent revisions of that standard. | 86154 |
| (C) The lights and reflectors required by division (A) of | 86155 |
| this section are in addition to the slow-moving vehicle emblem and | 86156 |
| lights required or permitted by section 4513.11 or 4513.17 of the | 86157 |
| Revised Code to be displayed on farm machinery being operated or | 86158 |
| traveling on a street or highway. | 86159 |
| (D) No person shall operate any unit of farm machinery on a | 86160 |
| street or highway or cause any unit of farm machinery to travel on | 86161 |
| a street or highway in violation of division (A) or (B) of this | 86162 |
| section. | 86163 |
| (E) Whoever violates this section | 86164 |
| 86165 | |
| minor misdemeanor. | 86166 |
| Sec. 4513.12. (A) Any motor vehicle may be equipped with not | 86167 |
| more than one spotlight and every lighted spotlight shall be so | 86168 |
| aimed and used upon approaching another vehicle that no part of | 86169 |
| the high-intensity portion of the beam will be directed to the | 86170 |
| left of the prolongation of the extreme left side of the vehicle, | 86171 |
| nor more than one hundred feet ahead of the vehicle. | 86172 |
| Any motor vehicle may be equipped with not more than three | 86173 |
| auxiliary driving lights mounted on the front of the vehicle. The | 86174 |
| director of public safety shall prescribe specifications for | 86175 |
| auxiliary driving lights and regulations for their use, and any | 86176 |
| such lights which do not conform to said specifications and | 86177 |
| regulations shall not be used. | 86178 |
| (B)
Whoever violates this section | 86179 |
| 86180 | |
| minor misdemeanor. | 86181 |
| Sec. 4513.13. (A) Any motor vehicle may be equipped with | 86182 |
| side cowl or fender lights which shall emit a white or amber light | 86183 |
| without glare. | 86184 |
| Any motor vehicle may be equipped with lights on each side | 86185 |
| thereof which shall emit a white or amber light without glare. | 86186 |
| Any motor vehicle may be equipped with back-up lights, either | 86187 |
| separately or in combination with another light. No back-up lights | 86188 |
| shall be continuously lighted when the motor vehicle is in forward | 86189 |
| motion. | 86190 |
| (B)
Whoever violates this section | 86191 |
| 86192 | |
| minor misdemeanor. | 86193 |
| Sec. 4513.14. (A) At all times mentioned in section 4513.03 | 86194 |
| of the Revised Code at least two lighted lights shall be | 86195 |
| displayed, one near each side of the front of every motor vehicle | 86196 |
| and trackless trolley, except when such vehicle or trackless | 86197 |
| trolley is parked subject to the regulations governing lights on | 86198 |
| parked vehicles and trackless trolleys. | 86199 |
| The director of public safety shall prescribe and promulgate | 86200 |
| regulations relating to the design and use of such lights and such | 86201 |
| regulations shall be in accordance with currently recognized | 86202 |
| standards. | 86203 |
| (B)
Whoever violates this section | 86204 |
| 86205 | |
| minor misdemeanor. | 86206 |
| Sec. 4513.15. (A) Whenever a motor vehicle is being operated | 86207 |
| on a roadway or shoulder adjacent thereto during the times | 86208 |
| specified in section 4513.03 of the Revised Code, the driver shall | 86209 |
| use a distribution of light, or composite beam, directed high | 86210 |
| enough and of sufficient intensity to reveal persons, vehicles, | 86211 |
| and substantial objects at a safe distance in advance of the | 86212 |
| vehicle, subject to the following requirements; | 86213 |
| (1) Whenever the driver of a vehicle approaches an oncoming | 86214 |
| vehicle, such driver shall use a distribution of light, or | 86215 |
| composite beam, so aimed that the glaring rays are not projected | 86216 |
| into the eyes of the oncoming driver. | 86217 |
| (2) Every new motor vehicle registered in this state, which | 86218 |
| has multiple-beam road lighting equipment shall be equipped with a | 86219 |
| beam indicator, which shall be lighted whenever the uppermost | 86220 |
| distribution of light from the headlights is in use, and shall not | 86221 |
| otherwise be lighted. Said indicator shall be so designed and | 86222 |
| located that, when lighted, it will be readily visible without | 86223 |
| glare to the driver of the vehicle. | 86224 |
| (B)
Whoever violates this section | 86225 |
| 86226 | |
| minor misdemeanor. | 86227 |
| Sec. 4513.16. (A) Any motor vehicle may be operated under | 86228 |
| the conditions specified in section 4513.03 of the Revised Code | 86229 |
| when it is equipped with two lighted lights upon the front thereof | 86230 |
| capable of revealing persons and substantial objects seventy-five | 86231 |
| feet ahead, in lieu of lights required in section 4513.14 of the | 86232 |
| Revised Code, provided that such vehicle shall not be operated at | 86233 |
| a speed in excess of twenty miles per hour. | 86234 |
| (B)
Whoever violates this section | 86235 |
| 86236 | |
| minor misdemeanor. | 86237 |
| Sec. 4513.17. (A) Whenever a motor vehicle equipped with | 86238 |
| headlights also is equipped with any auxiliary lights or spotlight | 86239 |
| or any other light on the front thereof projecting a beam of an | 86240 |
| intensity greater than three hundred candle power, not more than a | 86241 |
| total of five of any such lights on the front of a vehicle shall | 86242 |
| be lighted at any one time when the vehicle is upon a highway. | 86243 |
| (B) Any lighted light or illuminating device upon a motor | 86244 |
| vehicle, other than headlights, spotlights, signal lights, or | 86245 |
| auxiliary driving lights, that projects a beam of light of an | 86246 |
| intensity greater than three hundred candle power, shall be so | 86247 |
| directed that no part of the beam will strike the level of the | 86248 |
| roadway on which the vehicle stands at a distance of more than | 86249 |
| seventy-five feet from the vehicle. | 86250 |
| (C)(1) Flashing lights are prohibited on motor vehicles, | 86251 |
| except as a means for indicating a right or a left turn, or in the | 86252 |
| presence of a vehicular traffic hazard requiring unusual care in | 86253 |
| approaching, or overtaking or passing. This prohibition does not | 86254 |
| apply to emergency vehicles, road service vehicles servicing or | 86255 |
| towing a disabled vehicle, traffic line stripers, snow plows, | 86256 |
| rural mail delivery vehicles, vehicles as provided in section | 86257 |
| 4513.182 of the Revised Code, department of transportation | 86258 |
| maintenance vehicles, funeral hearses, funeral escort vehicles, | 86259 |
| and similar equipment operated by the department or local | 86260 |
| authorities, which shall be equipped with and display, when used | 86261 |
| on a street or highway for the special purpose necessitating such | 86262 |
| lights, a flashing, oscillating, or rotating amber light, but | 86263 |
| shall not display a flashing, oscillating, or rotating light of | 86264 |
| any other color, nor to vehicles or machinery permitted by section | 86265 |
| 4513.11 of the Revised Code to have a flashing red light. | 86266 |
| (2) When used on a street or highway, farm machinery and | 86267 |
| vehicles escorting farm machinery may be equipped with and display | 86268 |
| a flashing, oscillating, or rotating amber light, and the | 86269 |
| prohibition contained in division (C)(1) of this section does not | 86270 |
| apply to such machinery or vehicles. Farm machinery also may | 86271 |
| display the lights described in section 4513.11 of the Revised | 86272 |
| Code. | 86273 |
| (D) Except a person operating a public safety vehicle, as | 86274 |
| defined in division (E) of section 4511.01 of the Revised Code, or | 86275 |
| a school bus, no person shall operate, move, or park upon, or | 86276 |
| permit to stand within the right-of-way of any public street or | 86277 |
| highway any vehicle or equipment that is equipped with and | 86278 |
| displaying a flashing red or a flashing combination red and white | 86279 |
| light, or an oscillating or rotating red light, or a combination | 86280 |
| red and white oscillating or rotating light; and except a public | 86281 |
| law enforcement officer, or other person sworn to enforce the | 86282 |
| criminal and traffic laws of the state, operating a public safety | 86283 |
| vehicle when on duty, no person shall operate, move, or park upon, | 86284 |
| or permit to stand within the right-of-way of any street or | 86285 |
| highway any vehicle or equipment that is equipped with, or upon | 86286 |
| which is mounted, and displaying a flashing blue or a flashing | 86287 |
| combination blue and white light, or an oscillating or rotating | 86288 |
| blue light, or a combination blue and white oscillating or | 86289 |
| rotating light. | 86290 |
| (E) This section does not prohibit the use of warning lights | 86291 |
| required by law or the simultaneous flashing of turn signals on | 86292 |
| disabled vehicles or on vehicles being operated in unfavorable | 86293 |
| atmospheric conditions in order to enhance their visibility. This | 86294 |
| section also does not prohibit the simultaneous flashing of turn | 86295 |
| signals or warning lights either on farm machinery or vehicles | 86296 |
| escorting farm machinery, when used on a street or highway. | 86297 |
| (F)
Whoever violates this section | 86298 |
| 86299 | |
| minor misdemeanor. | 86300 |
| Sec. 4513.171. (A) Notwithstanding any other provision of | 86301 |
| law, a motor vehicle operated by a coroner, deputy coroner, or | 86302 |
| coroner's investigator may be equipped with a flashing, | 86303 |
| oscillating, or rotating red or blue light and a siren, whistle, | 86304 |
| or bell capable of emitting sound audible under normal conditions | 86305 |
| from a distance of not less than five hundred feet. Such a vehicle | 86306 |
| may display the flashing, oscillating, or rotating red or blue | 86307 |
| light and may give the audible signal of the siren, exhaust | 86308 |
| whistle, or bell only when responding to a fatality or a fatal | 86309 |
| motor vehicle accident on a street or highway and only at those | 86310 |
| locations where the stoppage of traffic impedes the ability of the | 86311 |
| coroner, deputy coroner, or coroner's investigator to arrive at | 86312 |
| the site of the fatality. | 86313 |
| This section does not relieve a coroner, deputy coroner, or | 86314 |
| coroner's investigator operating a motor vehicle from the duty to | 86315 |
| drive with due regard for the safety of all persons and property | 86316 |
| upon the highway. | 86317 |
| (B)
Whoever violates this section | 86318 |
| 86319 | |
| minor misdemeanor. | 86320 |
| Sec. 4513.18. (A) The director of transportation shall adopt | 86321 |
| standards and specifications applicable to headlights, clearance | 86322 |
| lights, identification, and other lights, on snow removal | 86323 |
| equipment when operated on the highways, and on vehicles operating | 86324 |
| under special permits pursuant to section 4513.34 of the Revised | 86325 |
| Code, in lieu of the lights otherwise required on motor vehicles. | 86326 |
| Such standards and specifications may permit the use of flashing | 86327 |
| lights for purposes of identification on snow removal equipment, | 86328 |
| and oversize vehicles when in service upon the highways. The | 86329 |
| standards and specifications for lights referred to in this | 86330 |
| section shall correlate with and, so far as possible, conform with | 86331 |
| those approved by the American association of state highway | 86332 |
| officials. | 86333 |
| It is unlawful to operate snow removal equipment on a highway | 86334 |
| unless the lights thereon comply with and are lighted when and as | 86335 |
| required by the standards and specifications adopted as provided | 86336 |
| in this section. | 86337 |
| (B)
Whoever violates this section | 86338 |
| 86339 | |
| minor misdemeanor. | 86340 |
| Sec. 4513.19. (A) No person shall use any lights mentioned | 86341 |
| in sections 4513.03 to 4513.18 of the Revised Code upon any motor | 86342 |
| vehicle, trailer, or semitrailer unless said lights are equipped, | 86343 |
| mounted, and adjusted as to focus and aim in accordance with | 86344 |
| regulations which are prescribed by the director of public safety. | 86345 |
| (B)
Whoever violates this section | 86346 |
| 86347 | |
| minor misdemeanor. | 86348 |
| Sec. 4513.21. (A) Every motor vehicle or trackless trolley | 86349 |
| when operated upon a highway shall be equipped with a horn which | 86350 |
| is in good working order and capable of emitting sound audible, | 86351 |
| under normal conditions, from a distance of not less than two | 86352 |
| hundred feet. | 86353 |
| No motor vehicle or trackless trolley shall be equipped with, | 86354 |
| nor shall any person use upon a vehicle, any siren, whistle, or | 86355 |
| bell. Any vehicle may be equipped with a theft alarm signal device | 86356 |
| which shall be so arranged that it cannot be used as an ordinary | 86357 |
| warning signal. Every emergency vehicle shall be equipped with a | 86358 |
| siren, whistle, or bell, capable of emitting sound audible under | 86359 |
| normal conditions from a distance of not less than five hundred | 86360 |
| feet and of a type approved by the director of public safety. Such | 86361 |
| equipment shall not be used except when such vehicle is operated | 86362 |
| in response to an emergency call or is in the immediate pursuit of | 86363 |
| an actual or suspected violator of the law, in which case the | 86364 |
| driver of the emergency vehicle shall sound such equipment when it | 86365 |
| is necessary to warn pedestrians and other drivers of the approach | 86366 |
| thereof. | 86367 |
| (B)
Whoever violates this section | 86368 |
| 86369 | |
| minor misdemeanor. | 86370 |
| Sec. 4513.22. (A) Every motor vehicle and motorcycle with an | 86371 |
| internal combustion engine shall at all times be equipped with a | 86372 |
| muffler which is in good working order and in constant operation | 86373 |
| to prevent excessive or unusual noise, and no person shall use a | 86374 |
| muffler cutout, by-pass, or similar device upon a motor vehicle on | 86375 |
| a highway. Every motorcycle muffler shall be equipped with baffle | 86376 |
| plates. | 86377 |
| No person shall own, operate, or have in the person's | 86378 |
| possession any motor vehicle or motorcycle equipped with a device | 86379 |
| for producing excessive smoke or gas, or so equipped as to permit | 86380 |
| oil or any other chemical to flow into or upon the exhaust pipe or | 86381 |
| muffler of such vehicle, or equipped in any other way to produce | 86382 |
| or emit smoke or dangerous or annoying gases from any portion of | 86383 |
| such vehicle, other than the ordinary gases emitted by the exhaust | 86384 |
| of an internal combustion engine under normal operation. | 86385 |
| (B)
Whoever violates this section | 86386 |
| 86387 | |
| minor misdemeanor. | 86388 |
| Sec. 4513.23. (A) Every motor vehicle, motorcycle, and | 86389 |
| trackless trolley shall be equipped with a mirror so located as to | 86390 |
| reflect to the operator a view of the highway to the rear of such | 86391 |
| vehicle, motorcycle, or trackless trolley. Operators of vehicles, | 86392 |
| motorcycles, streetcars, and trackless trolleys shall have a clear | 86393 |
| and unobstructed view to the front and to both sides of their | 86394 |
| vehicles, motorcycles, streetcars, or trackless trolleys and shall | 86395 |
| have a clear view to the rear of their vehicles, motorcycles, | 86396 |
| streetcars, or trackless trolleys by mirror. | 86397 |
| (B)
Whoever violates this section | 86398 |
| 86399 | |
| minor misdemeanor. | 86400 |
| Sec. 4513.24. (A) No person shall drive any motor vehicle on | 86401 |
| a street or highway in this state, other than a motorcycle or | 86402 |
| motorized bicycle, that is not equipped with a windshield. | 86403 |
| (B) No person shall drive any motor vehicle, other than a | 86404 |
| bus, with any sign, poster, or other nontransparent material upon | 86405 |
| the front windshield, sidewings, side, or rear windows of such | 86406 |
| vehicle other than a certificate or other paper required to be | 86407 |
| displayed by law, except that there may be in the lower left-hand | 86408 |
| or right-hand corner of the windshield a sign, poster, or decal | 86409 |
| not to exceed four inches in height by six inches in width. No | 86410 |
| sign, poster, or decal shall be displayed in the front windshield | 86411 |
| in such a manner as to conceal the vehicle identification number | 86412 |
| for the motor vehicle when, in accordance with federal law, that | 86413 |
| number is located inside the vehicle passenger compartment and so | 86414 |
| placed as to be readable through the vehicle glazing without | 86415 |
| moving any part of the vehicle. | 86416 |
| (C) The windshield on every motor vehicle, streetcar, and | 86417 |
| trackless trolley shall be equipped with a device for cleaning | 86418 |
| rain, snow, or other moisture from the windshield. The device | 86419 |
| shall be maintained in good working order and so constructed as to | 86420 |
| be controlled or operated by the operator of the vehicle, | 86421 |
| streetcar, or trackless trolley. | 86422 |
| (D)
Whoever violates this section | 86423 |
| 86424 | |
| minor misdemeanor. | 86425 |
| Sec. 4513.242. (A) Notwithstanding section 4513.24 and | 86426 |
| division (F) of section 4513.241 of the Revised Code or any rule | 86427 |
| adopted thereunder, a decal, whether reflectorized or not, may be | 86428 |
| displayed upon any side window or sidewing of a motor vehicle if | 86429 |
| all of the following are met: | 86430 |
| (1) The decal is necessary for public or private security | 86431 |
| arrangements to which the motor vehicle periodically is subjected; | 86432 |
| (2) The decal is no larger than is necessary to accomplish | 86433 |
| the security arrangements; | 86434 |
| (3) The decal does not obscure the vision of the motor | 86435 |
| vehicle operator or prevent a person looking into the motor | 86436 |
| vehicle from seeing or identifying persons or objects inside the | 86437 |
| motor vehicle. | 86438 |
| (B)
Whoever violates this section | 86439 |
| 86440 | |
| minor misdemeanor. | 86441 |
| Sec. 4513.28. (A) Whenever any motor truck, trackless | 86442 |
| trolley, bus, commercial tractor, trailer, semi-trailer, or pole | 86443 |
| trailer is disabled upon the traveled portion of any highway or | 86444 |
| the shoulder thereof outside of any municipality, or upon any | 86445 |
| freeway, expressway, thruway and connecting, entering or exiting | 86446 |
| ramps within a municipality, at any time when lighted lamps are | 86447 |
| required on vehicles and trackless trolleys, the operator of such | 86448 |
| vehicle or trackless trolley shall display the following warning | 86449 |
| devices upon the highway during the time the vehicle or trackless | 86450 |
| trolley is so disabled on the highway except as provided in | 86451 |
| division (B) of this section: | 86452 |
| (1) A lighted fusee shall be immediately placed on the | 86453 |
| roadway at the traffic side of such vehicle or trackless trolley, | 86454 |
| unless red electric lanterns or red reflectors are displayed. | 86455 |
| (2) Within the burning period of the fusee and as promptly as | 86456 |
| possible, three lighted flares or pot torches, or three red | 86457 |
| reflectors or three red electric lanterns shall be placed on the | 86458 |
| roadway as follows: | 86459 |
| (a) One at a distance of forty paces or approximately one | 86460 |
| hundred feet in advance of the vehicle; | 86461 |
| (b) One at a distance of forty paces or approximately one | 86462 |
| hundred feet to the rear of the vehicle or trackless trolley | 86463 |
| except as provided in this section, each in the center of the lane | 86464 |
| of traffic occupied by the disabled vehicle or trackless trolley; | 86465 |
| (c) One at the traffic side of the vehicle or trackless | 86466 |
| trolley. | 86467 |
| (B) Whenever any vehicle used in transporting flammable | 86468 |
| liquids in bulk, or in transporting compressed flammable gases, is | 86469 |
| disabled upon a highway at any time or place mentioned in division | 86470 |
| (A) of this section, the driver of such vehicle shall display upon | 86471 |
| the roadway the following warning devices: | 86472 |
| (1) One red electric lantern or one red reflector shall be | 86473 |
| immediately placed on the roadway at the traffic side of the | 86474 |
| vehicle; | 86475 |
| (2) Two other red electric lanterns or two other red | 86476 |
| reflectors shall be placed to the front and rear of the vehicle in | 86477 |
| the same manner prescribed for flares in division (A) of this | 86478 |
| section. | 86479 |
| (C) When a vehicle of a type specified in division (B) of | 86480 |
| this section is disabled, the use of flares, fusees, or any signal | 86481 |
| produced by flame as warning signals is prohibited. | 86482 |
| (D) Whenever any vehicle or trackless trolley of a type | 86483 |
| referred to in this section is disabled upon the traveled portion | 86484 |
| of a highway or the shoulder thereof, outside of any municipality, | 86485 |
| or upon any freeway, expressway, thruway and connecting, entering | 86486 |
| or exiting ramps within a municipality, at any time when the | 86487 |
| display of fusees, flares, red reflectors, or electric lanterns is | 86488 |
| not required, the operator of such vehicle or trackless trolley | 86489 |
| shall display two red flags upon the roadway in the lane of | 86490 |
| traffic occupied by the disabled vehicle or trackless trolley, one | 86491 |
| at a distance of forty paces or approximately one hundred feet in | 86492 |
| advance of the vehicle or trackless trolley, and one at a distance | 86493 |
| of forty paces or approximately one hundred feet to the rear of | 86494 |
| the vehicle or trackless trolley, except as provided in this | 86495 |
| section. | 86496 |
| (E) The flares, fusees, lanterns, red reflectors, and flags | 86497 |
| to be displayed as required in this section shall conform with the | 86498 |
| requirements of section 4513.27 of the Revised Code applicable | 86499 |
| thereto. | 86500 |
| (F) In the event the vehicle or trackless trolley is disabled | 86501 |
| near a curve, crest of a hill, or other obstruction of view, the | 86502 |
| flare, flag, reflector, or lantern in that direction shall be | 86503 |
| placed as to afford ample warning to other users of the highway, | 86504 |
| but in no case shall it be placed less than forty paces or | 86505 |
| approximately one hundred feet nor more than one hundred twenty | 86506 |
| paces or approximately three hundred feet from the disabled | 86507 |
| vehicle or trackless trolley. | 86508 |
| (G) This section does not apply to the operator of any | 86509 |
| vehicle in a work area designated by protection equipment devices | 86510 |
| that are displayed and used in accordance with the manual adopted | 86511 |
| by the department of transportation under section 4511.09 of the | 86512 |
| Revised Code. | 86513 |
| (H)
Whoever violates this section | 86514 |
| 86515 | |
| minor misdemeanor. | 86516 |
| Sec. 4513.60. (A)(1) The sheriff of a county or chief of | 86517 |
| police of a municipal corporation, township, or township police | 86518 |
| district, within the sheriff's or chief's respective territorial | 86519 |
| jurisdiction, upon complaint of any person adversely affected, may | 86520 |
| order into storage any motor vehicle, other than an abandoned junk | 86521 |
| motor vehicle as defined in section 4513.63 of the Revised Code, | 86522 |
| that has been left on private residential or private agricultural | 86523 |
| property for at least four hours without the permission of the | 86524 |
| person having the right to the possession of the property. The | 86525 |
| sheriff or chief of police, upon complaint of the owner of a | 86526 |
| repair garage or place of storage, may order into storage any | 86527 |
| motor vehicle, other than an abandoned junk motor vehicle, that | 86528 |
| has been left at the garage or place of storage for a longer | 86529 |
| period than that agreed upon. The place of storage shall be | 86530 |
| designated by the sheriff or chief of police. When ordering a | 86531 |
| motor vehicle into storage pursuant to this division, a sheriff or | 86532 |
| chief of police, whenever possible, shall arrange for the removal | 86533 |
| of the motor vehicle by a private tow truck operator or towing | 86534 |
| company. Subject to division (C) of this section, the owner of a | 86535 |
| motor vehicle that has been removed pursuant to this division may | 86536 |
| recover the vehicle only in accordance with division (E) of this | 86537 |
| section. | 86538 |
| (2) Divisions (A)(1) to (3) of this section do not apply to | 86539 |
| any private residential or private agricultural property that is | 86540 |
| established as a private tow-away zone in accordance with division | 86541 |
| (B) of this section. | 86542 |
| (3) As used in divisions (A)(1) and (2) of this section, | 86543 |
| "private residential property" means private property on which is | 86544 |
| located one or more structures that are used as a home, residence, | 86545 |
| or sleeping place by one or more persons, if no more than three | 86546 |
| separate households are maintained in the structure or structures. | 86547 |
| "Private residential property" does not include any private | 86548 |
| property on which is located one or more structures that are used | 86549 |
| as a home, residence, or sleeping place by two or more persons, if | 86550 |
| more than three separate households are maintained in the | 86551 |
| structure or structures. | 86552 |
| (B)(1) The owner of private property may establish a private | 86553 |
| tow-away zone only if all of the following conditions are | 86554 |
| satisfied: | 86555 |
| (a) The owner posts on the owner's property a sign, that is | 86556 |
| at least eighteen inches by twenty-four inches in size, that is | 86557 |
| visible from all entrances to the property, and that contains at | 86558 |
| least all of the following information: | 86559 |
| (i) A notice that the property is a private tow-away zone and | 86560 |
| that vehicles not authorized to park on the property will be towed | 86561 |
| away; | 86562 |
| (ii) The telephone number of the person from whom a | 86563 |
| towed-away vehicle can be recovered, and the address of the place | 86564 |
| to which the vehicle will be taken and the place from which it may | 86565 |
| be recovered; | 86566 |
| (iii) A statement that the vehicle may be recovered at any | 86567 |
| time during the day or night upon the submission of proof of | 86568 |
| ownership and the payment of a towing charge, in an amount not to | 86569 |
| exceed ninety dollars, and a storage charge, in an amount not to | 86570 |
| exceed twelve dollars per twenty-four-hour period; except that the | 86571 |
| charge for towing shall not exceed one hundred fifty dollars, and | 86572 |
| the storage charge shall not exceed twenty dollars per | 86573 |
| twenty-four-hour period, if the vehicle has a manufacturer's gross | 86574 |
| vehicle weight rating in excess of ten thousand pounds and is a | 86575 |
| truck, bus, or a combination of a commercial tractor and trailer | 86576 |
| or semitrailer. | 86577 |
| (b) The place to which the towed vehicle is taken and from | 86578 |
| which it may be recovered is conveniently located, is well | 86579 |
| lighted, and is on or within a reasonable distance of a regularly | 86580 |
| scheduled route of one or more modes of public transportation, if | 86581 |
| any public transportation is available in the municipal | 86582 |
| corporation or township in which the private tow-away zone is | 86583 |
| located. | 86584 |
| (2) If a vehicle is parked on private property that is | 86585 |
| established as a private tow-away zone in accordance with division | 86586 |
| (B)(1) of this section, without the consent of the owner of the | 86587 |
| property or in violation of any posted parking condition or | 86588 |
| regulation, the owner or the owner's agent may remove, or cause | 86589 |
| the removal of, the vehicle, the owner and the operator of the | 86590 |
| vehicle shall be deemed to have consented to the removal and | 86591 |
| storage of the vehicle and to the payment of the towing and | 86592 |
| storage charges specified in division (B)(1)(a)(iii) of this | 86593 |
| section, and the owner, subject to division (C) of this section, | 86594 |
| may recover a vehicle that has been so removed only in accordance | 86595 |
| with division (E) of this section. | 86596 |
| (3) If a municipal corporation requires tow trucks and tow | 86597 |
| truck operators to be licensed, no owner of private property | 86598 |
| located within the municipal corporation shall remove, or shall | 86599 |
| cause the removal and storage of, any vehicle pursuant to division | 86600 |
| (B)(2) of this section by an unlicensed tow truck or unlicensed | 86601 |
| tow truck operator. | 86602 |
| (4) Divisions (B)(1) to (3) of this section do not affect or | 86603 |
| limit the operation of division (A) of this section or sections | 86604 |
| 4513.61 to 4513.65 of the Revised Code as they relate to property | 86605 |
| other than private property that is established as a private | 86606 |
| tow-away zone under division (B)(1) of this section. | 86607 |
| (C) If the owner or operator of a motor vehicle that has been | 86608 |
| ordered into storage pursuant to division (A)(1) of this section | 86609 |
| or of a vehicle that is being removed under authority of division | 86610 |
| (B)(2) of this section arrives after the motor vehicle or vehicle | 86611 |
| has been prepared for removal, but prior to its actual removal | 86612 |
| from the property, the owner or operator shall be given the | 86613 |
| opportunity to pay a fee of not more than one-half of the charge | 86614 |
| for the removal of motor vehicles under division (A)(1) of this | 86615 |
| section or of vehicles under division (B)(2) of this section, | 86616 |
| whichever is applicable, that normally is assessed by the person | 86617 |
| who has prepared the motor vehicle or vehicle for removal, in | 86618 |
| order to obtain release of the motor vehicle or vehicle. Upon | 86619 |
| payment of that fee, the motor vehicle or vehicle shall be | 86620 |
| released to the owner or operator, and upon its release, the owner | 86621 |
| or operator immediately shall move it so that: | 86622 |
| (1) If the motor vehicle was ordered into storage pursuant to | 86623 |
| division (A)(1) of this section, it is not on the private | 86624 |
| residential or private agricultural property without the | 86625 |
| permission of the person having the right to possession of the | 86626 |
| property, or is not at the garage or place of storage without the | 86627 |
| permission of the owner, whichever is applicable. | 86628 |
| (2) If the vehicle was being removed under authority of | 86629 |
| division (B)(2) of this section, it is not parked on the private | 86630 |
| property established as a private tow-away zone without the | 86631 |
| consent of the owner or in violation of any posted parking | 86632 |
| condition or regulation. | 86633 |
| (D)(1) If an owner of private property that is established as | 86634 |
| a private tow-away zone in accordance with division (B)(1) of this | 86635 |
| section or the authorized agent of such an owner removes or causes | 86636 |
| the removal of a vehicle from that property under authority of | 86637 |
| division (B)(2) of this section, the owner or agent promptly shall | 86638 |
| notify the police department of the municipal corporation, | 86639 |
| township, or township police district in which the property is | 86640 |
| located, of the removal, the vehicle's license number, make, | 86641 |
| model, and color, the location from which it was removed, the date | 86642 |
| and time of its removal, the telephone number of the person from | 86643 |
| whom it may be recovered, and the address of the place to which it | 86644 |
| has been taken and from which it may be recovered. | 86645 |
| (2) Each county sheriff and each chief of police of a | 86646 |
| municipal corporation, township, or township police district shall | 86647 |
| maintain a record of motor vehicles that the sheriff or chief | 86648 |
| orders into storage pursuant to division (A)(1) of this section | 86649 |
| and of vehicles removed from private property in the sheriff's or | 86650 |
| chief's jurisdiction that is established as a private tow-away | 86651 |
| zone of which the sheriff or chief has received notice under | 86652 |
| division (D)(1) of this section. The record shall include an entry | 86653 |
| for each such motor vehicle or vehicle that identifies the motor | 86654 |
| vehicle's or vehicle's license number, make, model, and color, the | 86655 |
| location from which it was removed, the date and time of its | 86656 |
| removal, the telephone number of the person from whom it may be | 86657 |
| recovered, and the address of the place to which it has been taken | 86658 |
| and from which it may be recovered. Any information in the record | 86659 |
| that pertains to a particular motor vehicle or vehicle shall be | 86660 |
| provided to any person who, either in person or pursuant to a | 86661 |
| telephone call, identifies self as the owner or operator of the | 86662 |
| motor vehicle or vehicle and requests information pertaining to | 86663 |
| its location. | 86664 |
| (3) Any person who registers a complaint that is the basis of | 86665 |
| a sheriff's or police chief's order for the removal and storage of | 86666 |
| a motor vehicle under division (A)(1) of this section shall | 86667 |
| provide the identity of the law enforcement agency with which the | 86668 |
| complaint was registered to any person who identifies self as the | 86669 |
| owner or operator of the motor vehicle and requests information | 86670 |
| pertaining to its location. | 86671 |
| (E) The owner of a motor vehicle that is ordered into storage | 86672 |
| pursuant to division (A)(1) of this section or of a vehicle that | 86673 |
| is removed under authority of division (B)(2) of this section may | 86674 |
| reclaim it upon payment of any expenses or charges incurred in its | 86675 |
| removal, in an amount not to exceed ninety dollars, and storage, | 86676 |
| in an amount not to exceed twelve dollars per twenty-four-hour | 86677 |
| period; except that the charge for towing shall not exceed one | 86678 |
| hundred fifty dollars, and the storage charge shall not exceed | 86679 |
| twenty dollars per twenty-four-hour period, if the vehicle has a | 86680 |
| manufacturer's gross vehicle weight rating in excess of ten | 86681 |
| thousand pounds and is a truck, bus, or a combination of a | 86682 |
| commercial tractor and trailer or semitrailer. Presentation of | 86683 |
| proof of ownership, which may be evidenced by a certificate of | 86684 |
| title to the motor vehicle or vehicle also shall be required for | 86685 |
| reclamation of the vehicle. If a motor vehicle that is ordered | 86686 |
| into storage pursuant to division (A)(1) of this section remains | 86687 |
| unclaimed by the owner for thirty days, the procedures established | 86688 |
| by sections 4513.61 and 4513.62 of the Revised Code shall apply. | 86689 |
| (F) No person shall remove, or cause the removal of, any | 86690 |
| vehicle from private property that is established as a private | 86691 |
| tow-away zone under division (B)(1) of this section other than in | 86692 |
| accordance with division (B)(2) of this section, and no person | 86693 |
| shall remove, or cause the removal of, any motor vehicle from any | 86694 |
| other private property other than in accordance with division | 86695 |
| (A)(1) of this section or sections 4513.61 to 4513.65 of the | 86696 |
| Revised Code. | 86697 |
| (G) | 86698 |
| section is guilty of a minor misdemeanor. | 86699 |
| | 86700 |
| 86701 | |
| 86702 | |
| 86703 | |
| 86704 | |
| 86705 |
| Sec. 4513.65. (A) For purposes of this section, "junk motor | 86706 |
| vehicle" means any motor vehicle meeting the requirements of | 86707 |
| divisions (B), (C), (D), and (E) of section 4513.63 of the Revised | 86708 |
| Code that is left uncovered in the open on private property for | 86709 |
| more than seventy-two hours with the permission of the person | 86710 |
| having the right to the possession of the property, except if the | 86711 |
| person is operating a junk yard or scrap metal processing facility | 86712 |
| licensed under authority of sections 4737.05 to 4737.12 of the | 86713 |
| Revised Code, or regulated under authority of a political | 86714 |
| subdivision; or if the property on which the motor vehicle is left | 86715 |
| is not subject to licensure or regulation by any governmental | 86716 |
| authority, unless the person having the right to the possession of | 86717 |
| the property can establish that the motor vehicle is part of a | 86718 |
| bona fide commercial operation; or if the motor vehicle is a | 86719 |
| collector's vehicle. | 86720 |
| No political subdivision shall prevent a person from storing | 86721 |
| or keeping, or restrict a person in the method of storing or | 86722 |
| keeping, any collector's vehicle on private property with the | 86723 |
| permission of the person having the right to the possession of the | 86724 |
| property; except that a political subdivision may require a person | 86725 |
| having such permission to conceal, by means of buildings, fences, | 86726 |
| vegetation, terrain, or other suitable obstruction, any unlicensed | 86727 |
| collector's vehicle stored in the open. | 86728 |
| The sheriff of a county, or chief of police of a municipal | 86729 |
| corporation, within the sheriff's or chief's respective | 86730 |
| territorial jurisdiction, a state highway patrol trooper, a board | 86731 |
| of township trustees, the legislative authority of a municipal | 86732 |
| corporation, or the zoning authority of a township or a municipal | 86733 |
| corporation, may send notice, by certified mail with return | 86734 |
| receipt requested, to the person having the right to the | 86735 |
| possession of the property on which a junk motor vehicle is left, | 86736 |
| that within ten days of receipt of the notice, the junk motor | 86737 |
| vehicle either shall be covered by being housed in a garage or | 86738 |
| other suitable structure, or shall be removed from the property. | 86739 |
| No person shall willfully leave a junk motor vehicle | 86740 |
| uncovered in the open for more than ten days after receipt of a | 86741 |
| notice as provided in this section. The fact that a junk motor | 86742 |
| vehicle is so left is prima-facie evidence of willful failure to | 86743 |
| comply with the notice, and each subsequent period of thirty days | 86744 |
| that a junk motor vehicle continues to be so left constitutes a | 86745 |
| separate offense. | 86746 |
| (B) | 86747 |
| Whoever
violates this section is guilty of a minor misdemeanor | 86748 |
| 86749 | |
| 86750 | |
| 86751 | |
| 86752 | |
| 86753 | |
| 86754 | |
| 86755 |
| Sec. 4513.99. (A)
Any violation of section | 86756 |
| 86757 | |
| 86758 | |
| 86759 | |
|
4513.182, | 86760 |
| 86761 | |
| 4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code | 86762 |
| shall be punished under division (B) of this section. | 86763 |
| (B) Whoever violates the sections of this chapter that are | 86764 |
| specifically required to be punished under this division, or any | 86765 |
| provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of | 86766 |
| the Revised Code for which violation no penalty is otherwise | 86767 |
| provided, is guilty of a minor misdemeanor on a first offense; on | 86768 |
| a second offense within one year after the first offense, the | 86769 |
| person is guilty of a misdemeanor of the fourth degree; on each | 86770 |
| subsequent offense within one year after the first offense, the | 86771 |
| person is guilty of a misdemeanor of the third degree. | 86772 |
| Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the | 86773 |
| Revised Code: | 86774 |
| (A) "Persons" includes individuals, firms, partnerships, | 86775 |
| associations, joint stock companies, corporations, and any | 86776 |
| combinations of individuals. | 86777 |
| (B) "Motor vehicle" means motor vehicle as defined in section | 86778 |
| 4501.01 of the Revised Code and also includes "all-purpose | 86779 |
| vehicle" and "off-highway motorcycle" as those terms are defined | 86780 |
|
in section 4519.01 of
the Revised Code | 86781 |
| 86782 | |
| section 4519.01 of the Revised Code or manufactured and mobile | 86783 |
| homes. | 86784 |
| (C) "New motor vehicle" means a motor vehicle, the legal | 86785 |
| title to which has never been transferred by a manufacturer, | 86786 |
| remanufacturer, distributor, or dealer to an ultimate purchaser. | 86787 |
| (D) "Ultimate purchaser" means, with respect to any new motor | 86788 |
| vehicle, the first person, other than a dealer purchasing in the | 86789 |
| capacity of a dealer, who in good faith purchases such new motor | 86790 |
| vehicle for purposes other than resale. | 86791 |
| (E) "Business" includes any activities engaged in by any | 86792 |
| person for the object of gain, benefit, or advantage either direct | 86793 |
| or indirect. | 86794 |
| (F) "Engaging in business" means commencing, conducting, or | 86795 |
| continuing in business, or liquidating a business when the | 86796 |
| liquidator thereof holds self out to be conducting such business; | 86797 |
| making a casual sale or otherwise making transfers in the ordinary | 86798 |
| course of business when the transfers are made in connection with | 86799 |
| the disposition of all or substantially all of the transferor's | 86800 |
| assets is not engaging in business. | 86801 |
| (G) "Retail sale" or "sale at retail" means the act or | 86802 |
| attempted act of selling, bartering, exchanging, or otherwise | 86803 |
| disposing of a motor vehicle to an ultimate purchaser for use as a | 86804 |
| consumer. | 86805 |
| (H) "Retail installment contract" includes any contract in | 86806 |
| the form of a note, chattel mortgage, conditional sales contract, | 86807 |
| lease, agreement, or other instrument payable in one or more | 86808 |
| installments over a period of time and arising out of the retail | 86809 |
| sale of a motor vehicle. | 86810 |
| (I) "Farm machinery" means all machines and tools used in the | 86811 |
| production, harvesting, and care of farm products. | 86812 |
| (J) "Dealer" or "motor vehicle dealer" means any new motor | 86813 |
| vehicle dealer, any motor vehicle leasing dealer, and any used | 86814 |
| motor vehicle dealer. | 86815 |
| (K) "New motor vehicle dealer" means any person engaged in | 86816 |
| the business of selling at retail, displaying, offering for sale, | 86817 |
| or dealing in new motor vehicles pursuant to a contract or | 86818 |
| agreement entered into with the manufacturer, remanufacturer, or | 86819 |
| distributor of the motor vehicles. | 86820 |
| (L) "Used motor vehicle dealer" means any person engaged in | 86821 |
| the business of selling, displaying, offering for sale, or dealing | 86822 |
| in used motor vehicles, at retail or wholesale, but does not mean | 86823 |
| any new motor vehicle dealer selling, displaying, offering for | 86824 |
| sale, or dealing in used motor vehicles incidentally to engaging | 86825 |
| in the business of selling, displaying, offering for sale, or | 86826 |
| dealing in new motor vehicles, any person engaged in the business | 86827 |
| of dismantling, salvaging, or rebuilding motor vehicles by means | 86828 |
| of using used parts, or any public officer performing official | 86829 |
| duties. | 86830 |
| (M) "Motor vehicle leasing dealer" means any person engaged | 86831 |
| in the business of regularly making available, offering to make | 86832 |
| available, or arranging for another person to use a motor vehicle | 86833 |
| pursuant to a bailment, lease, sublease, or other contractual | 86834 |
| arrangement under which a charge is made for its use at a periodic | 86835 |
| rate for a term of thirty days or more, and title to the motor | 86836 |
| vehicle is in and remains in the motor vehicle leasing dealer who | 86837 |
| originally leases it, irrespective of whether or not the motor | 86838 |
| vehicle is the subject of a later sublease, and not in the user, | 86839 |
| but does not mean a manufacturer or its affiliate leasing to its | 86840 |
| employees or to dealers. | 86841 |
| (N) "Salesperson" means any person employed by a dealer or | 86842 |
| manufactured home broker to sell, display, and offer for sale, or | 86843 |
| deal in motor vehicles for a commission, compensation, or other | 86844 |
| valuable consideration, but does not mean any public officer | 86845 |
| performing official duties. | 86846 |
| (O) "Casual sale" means any transfer of a motor vehicle by a | 86847 |
| person other than a new motor vehicle dealer, used motor vehicle | 86848 |
| dealer, motor vehicle salvage dealer, as defined in division (A) | 86849 |
| of section 4738.01 of the Revised Code, salesperson, motor vehicle | 86850 |
| auction owner, manufacturer, or distributor acting in the capacity | 86851 |
| of a dealer, salesperson, auction owner, manufacturer, or | 86852 |
| distributor, to a person who purchases the motor vehicle for use | 86853 |
| as a consumer. | 86854 |
| (P) "Motor vehicle show" means a display of current models of | 86855 |
| motor vehicles whereby the primary purpose is the exhibition of | 86856 |
| competitive makes and models in order to provide the general | 86857 |
| public the opportunity to review and inspect various makes and | 86858 |
| models of motor vehicles at a single location. | 86859 |
| (Q) "Motor vehicle auction owner" means any person who is | 86860 |
| engaged wholly or in part in the business of auctioning motor | 86861 |
| vehicles. | 86862 |
| (R) "Manufacturer" means a person who manufactures, | 86863 |
| assembles, or imports motor vehicles, including motor homes, but | 86864 |
| does not mean a person who only assembles or installs a body, | 86865 |
| special equipment unit, finishing trim, or accessories on a motor | 86866 |
| vehicle chassis supplied by a manufacturer or distributor. | 86867 |
| (S) "Tent-type fold-out camping trailer" means any vehicle | 86868 |
| intended to be used, when stationary, as a temporary shelter with | 86869 |
| living and sleeping facilities, and that is subject to the | 86870 |
| following properties and limitations: | 86871 |
| (1) A minimum of twenty-five per cent of the fold-out portion | 86872 |
| of the top and sidewalls combined must be constructed of canvas, | 86873 |
| vinyl, or other fabric, and form an integral part of the shelter. | 86874 |
| (2) When folded, the unit must not exceed: | 86875 |
| (a) Fifteen feet in length, exclusive of bumper and tongue; | 86876 |
| (b) Sixty inches in height from the point of contact with the | 86877 |
| ground; | 86878 |
| (c) Eight feet in width; | 86879 |
| (d) One ton gross weight at time of sale. | 86880 |
| (T) "Distributor" means any person authorized by a motor | 86881 |
| vehicle manufacturer to distribute new motor vehicles to licensed | 86882 |
| new motor vehicle dealers, but does not mean a person who only | 86883 |
| assembles or installs a body, special equipment unit, finishing | 86884 |
| trim, or accessories on a motor vehicle chassis supplied by a | 86885 |
| manufacturer or distributor. | 86886 |
| (U) "Flea market" means a market place, other than a dealer's | 86887 |
| location licensed under this chapter, where a space or location is | 86888 |
| provided for a fee or compensation to a seller to exhibit and | 86889 |
| offer for sale or trade, motor vehicles to the general public. | 86890 |
| (V) "Franchise" means any written agreement, contract, or | 86891 |
| understanding between any motor vehicle manufacturer or | 86892 |
| remanufacturer engaged in commerce and any motor vehicle dealer | 86893 |
| that purports to fix the legal rights and liabilities of the | 86894 |
| parties to such agreement, contract, or understanding. | 86895 |
| (W) "Franchisee" means a person who receives new motor | 86896 |
| vehicles from the franchisor under a franchise agreement and who | 86897 |
| offers, sells, and provides service for such new motor vehicles to | 86898 |
| the general public. | 86899 |
| (X) "Franchisor" means a new motor vehicle manufacturer, | 86900 |
| remanufacturer, or distributor who supplies new motor vehicles | 86901 |
| under a franchise agreement to a franchisee. | 86902 |
| (Y) "Dealer organization" means a state or local trade | 86903 |
| association the membership of which is comprised predominantly of | 86904 |
| new motor vehicle dealers. | 86905 |
| (Z) "Factory representative" means a representative employed | 86906 |
| by a manufacturer, remanufacturer, or by a factory branch | 86907 |
| primarily for the purpose of promoting the sale of its motor | 86908 |
| vehicles, parts, or accessories to dealers or for supervising or | 86909 |
| contacting its dealers or prospective dealers. | 86910 |
| (AA) "Administrative or executive management" means those | 86911 |
| individuals who are not subject to federal wage and hour laws. | 86912 |
| (BB) "Good faith" means honesty in the conduct or transaction | 86913 |
| concerned and the observance of reasonable commercial standards of | 86914 |
| fair dealing in the trade as is defined in division (S) of section | 86915 |
| 1301.01 of the Revised Code, including, but not limited to, the | 86916 |
| duty to act in a fair and equitable manner so as to guarantee | 86917 |
| freedom from coercion, intimidation, or threats of coercion or | 86918 |
| intimidation; provided however, that recommendation, endorsement, | 86919 |
| exposition, persuasion, urging, or argument shall not be | 86920 |
| considered to constitute a lack of good faith. | 86921 |
| (CC) "Coerce" means to compel or attempt to compel by failing | 86922 |
| to act in good faith or by threat of economic harm, breach of | 86923 |
| contract, or other adverse consequences. Coerce does not mean to | 86924 |
| argue, urge, recommend, or persuade. | 86925 |
| (DD) "Relevant market area" means any area within a radius of | 86926 |
| ten miles from the site of a potential new dealership, except that | 86927 |
| for manufactured home or recreational vehicle dealerships the | 86928 |
| radius shall be twenty-five miles. The ten-mile radius shall be | 86929 |
| measured from the dealer's established place of business that is | 86930 |
| used exclusively for the purpose of selling, displaying, offering | 86931 |
| for sale, or dealing in motor vehicles. | 86932 |
| (EE) "Wholesale" or "at wholesale" means the act or attempted | 86933 |
| act of selling, bartering, exchanging, or otherwise disposing of a | 86934 |
| motor vehicle to a transferee for the purpose of resale and not | 86935 |
| for ultimate consumption by that transferee. | 86936 |
| (FF) "Motor vehicle wholesaler" means any person licensed as | 86937 |
| a dealer under the laws of another state and engaged in the | 86938 |
| business of selling, displaying, or offering for sale used motor | 86939 |
| vehicles, at wholesale, but does not mean any motor vehicle dealer | 86940 |
| as defined in this section. | 86941 |
| (GG)(1) "Remanufacturer" means a person who assembles or | 86942 |
| installs passenger seating, walls, a roof elevation, or a body | 86943 |
| extension on a conversion van with the motor vehicle chassis | 86944 |
| supplied by a manufacturer or distributor, a person who modifies a | 86945 |
| truck chassis supplied by a manufacturer or distributor for use as | 86946 |
| a public safety or public service vehicle, a person who modifies a | 86947 |
| motor vehicle chassis supplied by a manufacturer or distributor | 86948 |
| for use as a limousine or hearse, or a person who modifies an | 86949 |
| incomplete motor vehicle cab and chassis supplied by a new motor | 86950 |
| vehicle dealer or distributor for use as a tow truck, but does not | 86951 |
| mean either of the following: | 86952 |
| (a) A person who assembles or installs passenger seating, | 86953 |
| 86954 | |
| 86955 | |
| 86956 | |
| 86957 | |
| 86958 | |
| referred to in division (B) of section 4501.01 of the Revised | 86959 |
| Code; | 86960 |
| (b) A person who assembles or installs special equipment or | 86961 |
| accessories for handicapped persons, as defined in section 4503.44 | 86962 |
| of the Revised Code, upon a motor vehicle chassis supplied by a | 86963 |
| manufacturer or distributor. | 86964 |
| (2) For the purposes of division (GG)(1) of this section, | 86965 |
| "public safety vehicle or public service vehicle" means a fire | 86966 |
| truck, ambulance, school bus, street sweeper, garbage packing | 86967 |
| truck, or cement mixer, or a mobile self-contained facility | 86968 |
| vehicle. | 86969 |
| (3) For the purposes of division (GG)(1) of this section, | 86970 |
| "limousine" means a motor vehicle, designed only for the purpose | 86971 |
| of carrying nine or fewer passengers, that a person modifies by | 86972 |
| cutting the original chassis, lengthening the wheelbase by forty | 86973 |
| inches or more, and reinforcing the chassis in such a way that all | 86974 |
| modifications comply with all applicable federal motor vehicle | 86975 |
| safety standards. No person shall qualify as or be deemed to be a | 86976 |
| remanufacturer who produces limousines unless the person has a | 86977 |
| written agreement with the manufacturer of the chassis the person | 86978 |
| utilizes to produce the limousines to complete properly the | 86979 |
| remanufacture of the chassis into limousines. | 86980 |
| (4) For the purposes of division (GG)(1) of this section, | 86981 |
| "hearse" means a motor vehicle, designed only for the purpose of | 86982 |
| transporting a single casket, that is equipped with a compartment | 86983 |
| designed specifically to carry a single casket that a person | 86984 |
| modifies by cutting the original chassis, lengthening the | 86985 |
| wheelbase by ten inches or more, and reinforcing the chassis in | 86986 |
| such a way that all modifications comply with all applicable | 86987 |
| federal motor vehicle safety standards. No person shall qualify as | 86988 |
| or be deemed to be a remanufacturer who produces hearses unless | 86989 |
| the person has a written agreement with the manufacturer of the | 86990 |
| chassis the person utilizes to produce the hearses to complete | 86991 |
| properly the remanufacture of the chassis into hearses. | 86992 |
| (5) For the purposes of division (GG)(1) of this section, | 86993 |
| "mobile self-contained facility vehicle" means a mobile classroom | 86994 |
| vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, | 86995 |
| testing laboratory, and mobile display vehicle, each of which is | 86996 |
| designed for purposes other than for passenger transportation and | 86997 |
| other than the transportation or displacement of cargo, freight, | 86998 |
| materials, or merchandise. A vehicle is remanufactured into a | 86999 |
| mobile self-contained facility vehicle in part by the addition of | 87000 |
| insulation to the body shell, and installation of all of the | 87001 |
| following: a generator, electrical wiring, plumbing, holding | 87002 |
| tanks, doors, windows, cabinets, shelving, and heating, | 87003 |
| ventilating, and air conditioning systems. | 87004 |
| (6) For the purposes of division (GG)(1) of this section, | 87005 |
| "tow truck" means both of the following: | 87006 |
| (a) An incomplete cab and chassis that are purchased by a | 87007 |
| remanufacturer from a new motor vehicle dealer or distributor of | 87008 |
| the cab and chassis and on which the remanufacturer then installs | 87009 |
| in a permanent manner a wrecker body it purchases from a | 87010 |
| manufacturer or distributor of wrecker bodies, installs an | 87011 |
| emergency flashing light pylon and emergency lights upon the mast | 87012 |
| of the wrecker body or rooftop, and installs such other related | 87013 |
| accessories and equipment, including push bumpers, front grille | 87014 |
| guards with pads and other custom-ordered items such as painting, | 87015 |
| special lettering, and safety striping so as to create a complete | 87016 |
| motor vehicle capable of lifting and towing another motor vehicle. | 87017 |
| (b) An incomplete cab and chassis that are purchased by a | 87018 |
| remanufacturer from a new motor vehicle dealer or distributor of | 87019 |
| the cab and chassis and on which the remanufacturer then installs | 87020 |
| in a permanent manner a car carrier body it purchases from a | 87021 |
| manufacturer or distributor of car carrier bodies, installs an | 87022 |
| emergency flashing light pylon and emergency lights upon the | 87023 |
| rooftop, and installs such other related accessories and | 87024 |
| equipment, including push bumpers, front grille guards with pads | 87025 |
| and other custom-ordered items such as painting, special | 87026 |
| lettering, and safety striping. | 87027 |
| As used in division (GG)(6)(b) of this section, "car carrier | 87028 |
| body" means a mechanical or hydraulic apparatus capable of lifting | 87029 |
| and holding a motor vehicle on a flat level surface so that one or | 87030 |
| more motor vehicles can be transported, once the car carrier is | 87031 |
| permanently installed upon an incomplete cab and chassis. | 87032 |
| (HH) "Operating as a new motor vehicle dealership" means | 87033 |
| engaging in activities such as displaying, offering for sale, and | 87034 |
| selling new motor vehicles at retail, operating a service facility | 87035 |
| to perform repairs and maintenance on motor vehicles, offering for | 87036 |
| sale and selling motor vehicle parts at retail, and conducting all | 87037 |
| other acts that are usual and customary to the operation of a new | 87038 |
| motor vehicle dealership. For the purposes of this chapter only, | 87039 |
| possession of either a valid new motor vehicle dealer franchise | 87040 |
| agreement or a new motor vehicle dealers license, or both of these | 87041 |
| items, is not evidence that a person is operating as a new motor | 87042 |
| vehicle dealership. | 87043 |
| (II) | 87044 |
| 87045 | |
| 87046 | |
| 87047 |
| | 87048 |
| tractors, walk-behind and riding mowers, chainsaws, and tillers. | 87049 |
| | 87050 |
| separate from a licensed new motor vehicle dealer's sales facility | 87051 |
| by not more than one mile and that are used by the dealer to | 87052 |
| perform repairs, warranty work, recall work, and maintenance on | 87053 |
| motor vehicles pursuant to a franchise agreement entered into with | 87054 |
| a manufacturer of motor vehicles. A remote service facility shall | 87055 |
| be deemed to be part of the franchise agreement and is subject to | 87056 |
| all the rights, duties, obligations, and requirements of Chapter | 87057 |
| 4517. of the Revised Code that relate to the performance of motor | 87058 |
| vehicle repairs, warranty work, recall work, and maintenance work | 87059 |
| by new motor vehicle dealers. | 87060 |
| Sec. 4517.02. (A) Except as otherwise provided in this | 87061 |
| section, no person shall do any of the following: | 87062 |
| (1) Engage in the business of displaying or selling at retail | 87063 |
| new motor vehicles or assume to engage in that business, unless | 87064 |
| the person is licensed as a new motor vehicle dealer under | 87065 |
| sections 4517.01 to 4517.45 of the Revised Code, or is a | 87066 |
| salesperson licensed under those sections and employed by a | 87067 |
| licensed new motor vehicle dealer; | 87068 |
| (2) Engage in the business of offering for sale, displaying | 87069 |
| for sale, or selling at retail or wholesale used motor vehicles or | 87070 |
| assume to engage in that business, unless the person is licensed | 87071 |
| as a dealer under sections 4517.01 to 4517.45 of the Revised Code, | 87072 |
| or is a salesperson licensed under those sections and employed by | 87073 |
| a licensed used motor vehicle dealer or licensed new motor vehicle | 87074 |
| dealer; | 87075 |
| (3) Engage in the business of regularly making available, | 87076 |
| offering to make available, or arranging for another person to use | 87077 |
| a motor vehicle, in the manner described in division (M) of | 87078 |
| section 4517.01 of the Revised Code, unless the person is licensed | 87079 |
| as a motor vehicle leasing dealer under sections 4517.01 to | 87080 |
| 4517.45 of the Revised Code; | 87081 |
| (4) Engage in the business of motor vehicle auctioning or | 87082 |
| assume to engage in that business, unless the person is licensed | 87083 |
| as a motor vehicle auction owner under sections 4517.01 to 4517.45 | 87084 |
| of the Revised Code and the person uses an auctioneer who is | 87085 |
| licensed under Chapter 4707. of the Revised Code to conduct the | 87086 |
| motor vehicle auctions; | 87087 |
| (5) Engage in the business of distributing motor vehicles or | 87088 |
| assume to engage in that business, unless the person is licensed | 87089 |
| as a distributor under sections 4517.01 to 4517.45 of the Revised | 87090 |
| Code; | 87091 |
| (6) Make more than five casual sales of motor vehicles in a | 87092 |
| twelve-month period, commencing with the day of the month in which | 87093 |
| the first such sale is made, nor provide a location or space for | 87094 |
| the sale of motor vehicles at a flea market, without obtaining a | 87095 |
| license as a dealer under sections 4517.01 to 4517.45 of the | 87096 |
| Revised Code, provided that nothing in this section shall be | 87097 |
| construed to prohibit the disposition without a license of a motor | 87098 |
| vehicle originally acquired and held for purposes other than sale, | 87099 |
| rental, or lease to an employee, retiree, officer, or director of | 87100 |
| the person making the disposition, to a corporation affiliated | 87101 |
| with the person making the disposition, or to a person licensed | 87102 |
|
under sections 4517.01
to 4517.45 of the Revised Code | 87103 |
| | 87104 |
| 87105 | |
| 87106 |
| (B) Nothing in this section shall be construed to require an | 87107 |
| auctioneer licensed under sections 4707.01 to 4707.19 of the | 87108 |
| Revised Code, to obtain a motor vehicle salesperson's license | 87109 |
| under sections 4517.01 to 4517.45 of the Revised Code when | 87110 |
| conducting an auction sale for a licensed motor vehicle dealer on | 87111 |
| the dealer's premises, or when conducting an auction sale for a | 87112 |
| licensed motor vehicle auction owner; nor shall such an auctioneer | 87113 |
| be required to obtain a motor vehicle auction owner's license | 87114 |
| under sections 4517.01 to 4517.45 of the Revised Code when engaged | 87115 |
| in auctioning for a licensed motor vehicle auction owner. | 87116 |
| (C) Sections 4517.01 to 4517.45 of the Revised Code do not | 87117 |
| apply to any of the following: | 87118 |
| (1) Persons engaging in the business of selling commercial | 87119 |
| tractors, trailers, or semitrailers incidentally to engaging | 87120 |
| primarily in business other than the selling or leasing of motor | 87121 |
| vehicles; | 87122 |
| (2) Mortgagees selling at retail only those motor vehicles | 87123 |
| that have come into their possession by a default in the terms of | 87124 |
| a mortgage contract; | 87125 |
| (3) The leasing, rental, and interchange of motor vehicles | 87126 |
| used directly in the rendition of a public utility service by | 87127 |
| regulated motor carriers. | 87128 |
| (D) When a partnership licensed under sections 4517.01 to | 87129 |
| 4517.45 of the Revised Code is dissolved by death, the surviving | 87130 |
| partners may operate under the license for a period of sixty days, | 87131 |
| and the heirs or representatives of deceased persons and receivers | 87132 |
| or trustees in bankruptcy appointed by any competent authority may | 87133 |
| operate under the license of the person succeeded in possession by | 87134 |
| that heir, representative, receiver, or trustee in bankruptcy. | 87135 |
| (E) No remanufacturer shall engage in the business of selling | 87136 |
| at retail any new motor vehicle without having written authority | 87137 |
| from the manufacturer or distributor of the vehicle to sell new | 87138 |
| motor vehicles and to perform repairs under the terms of the | 87139 |
| manufacturer's or distributor's new motor vehicle warranty, | 87140 |
| unless, at the time of the sale of the vehicle, each customer is | 87141 |
| furnished with a binding agreement ensuring that the customer has | 87142 |
| the right to have the vehicle serviced or repaired by a new motor | 87143 |
| vehicle dealer who is franchised to sell and service vehicles of | 87144 |
| the same line-make as the chassis of the remanufactured vehicle | 87145 |
| purchased by the customer and whose service or repair facility is | 87146 |
| located within either twenty miles of the remanufacturer's | 87147 |
| location and place of business or twenty miles of the customer's | 87148 |
| residence or place of business. If there is no such new motor | 87149 |
| vehicle dealer located within twenty miles of the remanufacturer's | 87150 |
| location and place of business or the customer's residence or | 87151 |
| place of business, the binding agreement furnished to the customer | 87152 |
| may be with the new motor vehicle dealer who is franchised to sell | 87153 |
| and service vehicles of the same line-make as the chassis of the | 87154 |
| remanufactured vehicle purchased by the customer and whose service | 87155 |
| or repair facility is located nearest to the remanufacturer's | 87156 |
| location and place of business or the customer's residence or | 87157 |
| place of business. Additionally, at the time of sale of any | 87158 |
| vehicle, each customer of the remanufacturer shall be furnished | 87159 |
| with a warranty issued by the remanufacturer for a term of at | 87160 |
| least one year. | 87161 |
| (F) Except as otherwise provided in this division, whoever | 87162 |
| violates this section is guilty of a minor misdemeanor and shall | 87163 |
| be subject to a mandatory fine of one hundred dollars. If the | 87164 |
| offender previously has been convicted of or pleaded guilty to a | 87165 |
| violation of this section, whoever violates this section is guilty | 87166 |
| of a misdemeanor of the first degree and shall be subject to a | 87167 |
| mandatory fine of one thousand dollars. | 87168 |
| Sec. 4517.03. (A) A place of business that is used for | 87169 |
| selling, displaying, offering for sale, or dealing in motor | 87170 |
| vehicles shall be considered as used exclusively for those | 87171 |
| purposes even though snowmobiles, farm machinery, outdoor power | 87172 |
| equipment, watercraft and related products, or products | 87173 |
| manufactured or distributed by a motor vehicle manufacturer with | 87174 |
| which the motor vehicle dealer has a franchise agreement are sold | 87175 |
| or displayed there, or if repair, accessory, gasoline and oil, | 87176 |
| storage, parts, service, or paint departments are maintained | 87177 |
| there, or such products or services are provided there, if the | 87178 |
| departments are operated or the products or services are provided | 87179 |
| for the business of selling, displaying, offering for sale, or | 87180 |
| dealing in motor vehicles. Places of business or departments in a | 87181 |
| place of business used to dismantle, salvage, or rebuild motor | 87182 |
| vehicles by means of using used parts, are not considered as being | 87183 |
| maintained for the purpose of assisting or furthering the selling, | 87184 |
| displaying, offering for sale, or dealing in motor vehicles. A | 87185 |
| place of business shall be considered as used exclusively for | 87186 |
| selling, displaying, offering for sale, or dealing in motor | 87187 |
| vehicles even though a business owned by a motor vehicle leasing | 87188 |
| dealer or a motor vehicle renting dealer is located at the place | 87189 |
| of business. | 87190 |
| (B)(1) No new motor vehicle dealer shall sell, display, offer | 87191 |
| for sale, or deal in motor vehicles at any place except an | 87192 |
| established place of business that is used exclusively for the | 87193 |
| purpose of selling, displaying, offering for sale, or dealing in | 87194 |
| motor vehicles. The place of business shall have space, under | 87195 |
| roof, for the display of at least one new motor vehicle. The | 87196 |
| established place of business or, if the dealer operates a remote | 87197 |
| service facility, the dealer's remote service facility shall have | 87198 |
| facilities and space for the inspection, servicing, and repair of | 87199 |
| at least one motor vehicle. However a new motor vehicle dealer | 87200 |
| selling manufactured or mobile homes is exempt from the | 87201 |
| requirement that a place of business have space, under roof, for | 87202 |
| the display of at least one new motor vehicle and facilities and | 87203 |
| space for the inspection, servicing, and repair of at least one | 87204 |
| motor vehicle. | 87205 |
| (2) A licensed new motor vehicle dealer may operate a remote | 87206 |
| service facility with the consent of the manufacturer and only to | 87207 |
| perform repairs, warranty work, recall work, and maintenance on | 87208 |
| motor vehicles as part of the dealer's franchised and licensed new | 87209 |
| motor vehicle dealership. The remote service facility shall be | 87210 |
| included on the new motor vehicle dealer's license and be deemed | 87211 |
| to be part of the dealer's licensed location. | 87212 |
| (3) No person shall use a remote service facility for | 87213 |
| selling, displaying, or offering for sale motor vehicles. | 87214 |
| | 87215 |
| 87216 | |
| 87217 | |
| 87218 |
| (C) No used motor vehicle dealer shall sell, display, offer | 87219 |
| for sale, or deal in motor vehicles at any place except an | 87220 |
| established place of business that is used exclusively for the | 87221 |
| purpose of selling, displaying, offering for sale, or dealing in | 87222 |
| motor vehicles. | 87223 |
| (D) No motor vehicle leasing dealer shall make a motor | 87224 |
| vehicle available for use by another, in the manner described in | 87225 |
| division (M) of section 4517.01 of the Revised Code, at any place | 87226 |
| except an established place of business that is used for leasing | 87227 |
| motor vehicles; except that a motor vehicle leasing dealer who is | 87228 |
| also a new motor vehicle dealer or used motor vehicle dealer may | 87229 |
| lease motor vehicles at the same place of business at which the | 87230 |
| dealer sells, offers for sale, or deals in new or used motor | 87231 |
| vehicles. | 87232 |
| (E) No motor vehicle leasing dealer or motor vehicle renting | 87233 |
| dealer shall sell a motor vehicle within ninety days after a | 87234 |
| certificate of title to the motor vehicle is issued to the dealer, | 87235 |
| except when a salvage certificate of title is issued to replace | 87236 |
| the original certificate of title and except when a motor vehicle | 87237 |
| leasing dealer sells a motor vehicle to another motor vehicle | 87238 |
| leasing dealer at the end of a sublease pursuant to that sublease. | 87239 |
| (F) No distributor shall distribute new motor vehicles to new | 87240 |
| motor vehicle dealers at any place except an established place of | 87241 |
| business that is used exclusively for the purpose of distributing | 87242 |
| new motor vehicles to new motor vehicle dealers; except that a | 87243 |
| distributor who is also a new motor vehicle dealer may distribute | 87244 |
| new motor vehicles at the same place of business at which the | 87245 |
| distributor sells, displays, offers for sale, or deals in new | 87246 |
| motor vehicles. | 87247 |
| (G) No person, firm, or corporation that sells, displays, or | 87248 |
| offers for sale tent-type fold-out camping trailers is subject to | 87249 |
| the requirement that the person's, firm's, or corporation's place | 87250 |
| of business be used exclusively for the purpose of selling, | 87251 |
| displaying, offering for sale, or dealing in motor vehicles. No | 87252 |
| person, firm, or corporation that sells, displays, or offers for | 87253 |
| sale tent-type fold-out camping trailers, trailers, semitrailers, | 87254 |
| or park trailers is subject to the requirement that the place of | 87255 |
| business have space, under roof, for the display of at least one | 87256 |
| new motor vehicle and facilities and space for the inspection, | 87257 |
| servicing, and repair of at least one motor vehicle. | 87258 |
| (H) | 87259 |
| 87260 | |
| 87261 | |
| 87262 |
| | 87263 |
| persons licensed under this chapter from making sales calls. | 87264 |
| | 87265 |
| misdemeanor of the fourth degree. | 87266 |
| | 87267 |
| (1) "Motor vehicle leasing dealer" has the same meaning as in | 87268 |
| section 4517.01 of the Revised Code. | 87269 |
| (2) "Motor vehicle renting dealer" has the same meaning as in | 87270 |
| section 4549.65 of the Revised Code. | 87271 |
| (3) "Watercraft" has the same meaning as in section 1547.01 | 87272 |
| of the Revised Code. | 87273 |
| Sec. 4517.30. The motor vehicle dealers board shall consist | 87274 |
| of eleven members. The registrar of motor vehicles or the | 87275 |
| registrar's designee shall be a member of the board, and the other | 87276 |
| ten members shall be appointed by the governor with the advice and | 87277 |
| consent of the senate. Not more than five of the ten members other | 87278 |
| than the registrar shall be of any one political party, and of the | 87279 |
| ten: | 87280 |
| (A) Three shall represent the public and shall not have | 87281 |
| engaged in the business of selling motor vehicles at retail in | 87282 |
| this state; | 87283 |
| (B) Five shall have been engaged in the business of selling | 87284 |
| motor vehicles at retail in this state for at least five years and | 87285 |
| have been engaged in such business within two years prior to the | 87286 |
| date of their appointment. Of these five: | 87287 |
| (1) Three shall have been engaged in the sale of new motor | 87288 |
| vehicles; | 87289 |
| (2) One shall have been engaged in the business of selling | 87290 |
| 87291 | |
| retail; | 87292 |
| (3) One shall have been engaged in the sale of used motor | 87293 |
| vehicles. | 87294 |
| (C) Two shall have been engaged in the leasing of motor | 87295 |
| vehicles. | 87296 |
| Terms of office of the ten members appointed by the governor | 87297 |
| shall be for three years, commencing on the fifth day of October | 87298 |
| and ending on the fourth day of October. Each member shall hold | 87299 |
| office from the date of the member's appointment until the end of | 87300 |
| the term for which the member was appointed. Any member appointed | 87301 |
| to fill a vacancy occurring prior to the expiration of the term | 87302 |
| for which the member's predecessor was appointed shall hold office | 87303 |
| for the remainder of such term. Any appointed member shall | 87304 |
| continue in office subsequent to the expiration date of the | 87305 |
| member's term until a successor takes office, or until a period of | 87306 |
| sixty days has elapsed, whichever occurs first. Annually the board | 87307 |
| shall organize by selecting from its members a president. Each | 87308 |
| appointed member of the board shall receive an amount fixed in | 87309 |
| accordance with division (J) of section 124.15 of the Revised | 87310 |
| Code, and shall be reimbursed for the actual and necessary | 87311 |
| expenses incurred in the discharge of the member's official | 87312 |
| duties. | 87313 |
| Sec. 4517.33. The motor vehicle dealers board shall hear | 87314 |
| appeals which may be taken from an order of the registrar of motor | 87315 |
| vehicles, refusing to issue a license. All appeals from any order | 87316 |
| of the registrar refusing to issue any license upon proper | 87317 |
| application must be taken within thirty days from the date of the | 87318 |
| order, or the order is final and conclusive. All appeals from | 87319 |
| orders of the registrar must be by petition in writing and | 87320 |
| verified under oath by the applicant whose application for license | 87321 |
| has been denied, and must set forth the reason for the appeal and | 87322 |
| the reason why, in the petitioner's opinion, the order of the | 87323 |
| registrar is not correct. In such appeals the board may make | 87324 |
| investigation to determine the correctness and legality of the | 87325 |
| order of the registrar. | 87326 |
| The board may make rules governing its actions relative to | 87327 |
| the suspension and revocation of dealers', motor vehicle leasing | 87328 |
|
dealers', | 87329 |
| owners', and salespersons' licenses, and may, upon its own motion, | 87330 |
| and shall, upon the verified complaint in writing of any person, | 87331 |
| investigate the conduct of any licensee under sections 4517.01 to | 87332 |
| 4517.65 of the Revised Code. The board shall suspend or revoke or | 87333 |
| notify the registrar to refuse to renew any dealer's, motor | 87334 |
|
vehicle leasing
dealer's, | 87335 |
| distributor's, auction owner's, or salesperson's license, if any | 87336 |
| ground existed upon which the license might have been refused, or | 87337 |
| if a ground exists that would be cause for refusal to issue a | 87338 |
| license. | 87339 |
| The board may suspend or revoke any license if the licensee | 87340 |
| has in any manner violated the rules issued pursuant to sections | 87341 |
| 4517.01 to 4517.65 of the Revised Code, or has violated section | 87342 |
| 4501.02 of the Revised Code, or has been convicted of committing a | 87343 |
| felony or violating any law that in any way relates to the | 87344 |
| selling, taxing, licensing, or regulation of sales of motor | 87345 |
| vehicles. | 87346 |
| Sec. 4517.43. (A) The applications for licenses and the | 87347 |
| copies of contracts required by sections 4517.04, 4517.05, | 87348 |
|
4517.051, | 87349 |
| Revised Code are not part of the public records but are | 87350 |
| confidential information for the use of the registrar of motor | 87351 |
| vehicles and the motor vehicle dealers board. No person shall | 87352 |
| divulge any information contained in such applications and | 87353 |
| acquired by the person in the person's capacity as an official or | 87354 |
| employee of the bureau of motor vehicles or of the board, except | 87355 |
| in a report to the registrar, to the board, or when called upon to | 87356 |
| testify in any court or proceeding. | 87357 |
| (B) Whoever violates this section is guilty of a minor | 87358 |
| misdemeanor. | 87359 |
| Sec. 4519.02. (A) Except as provided in divisions (B), (C), | 87360 |
| and (D) of this section, no person shall operate any snowmobile, | 87361 |
| off-highway motorcycle, or all-purpose vehicle within this state | 87362 |
| unless the snowmobile, off-highway motorcycle, or all-purpose | 87363 |
| vehicle is registered and numbered in accordance with sections | 87364 |
| 4519.03 and 4519.04 of the Revised Code. | 87365 |
| (B)(1) No registration is required for a snowmobile or | 87366 |
| off-highway motorcycle that is operated exclusively upon lands | 87367 |
| owned by the owner of the snowmobile or off-highway motorcycle, | 87368 |
| or on lands to which the owner of the snowmobile or off-highway | 87369 |
| motorcycle has a contractual right. | 87370 |
| (2) No registration is required for an all-purpose vehicle | 87371 |
|
that is used primarily | 87372 |
| agricultural purposes when the owner qualifies for the current | 87373 |
| agricultural use valuation tax credit, unless it is to be used on | 87374 |
| any public land, trail, or right-of-way. | 87375 |
| (3) Any all-purpose vehicle exempted from registration under | 87376 |
| division (B)(2) of this section and operated for agricultural | 87377 |
| purposes may use public roads and rights-of-way when traveling | 87378 |
| from one farm field to another, when such use does not violate | 87379 |
| section 4519.41 of the Revised Code. | 87380 |
| (C) No registration is required for a snowmobile, off-highway | 87381 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 87382 |
| a resident of another state whenever that state has in effect a | 87383 |
| registration law similar to this chapter and the snowmobile, | 87384 |
| off-highway motorcycle, or all-purpose vehicle is properly | 87385 |
| registered under that state's law. Any snowmobile, off-highway | 87386 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 87387 |
| a resident of a state not having a registration law similar to | 87388 |
| this chapter shall comply with section 4519.09 of the Revised | 87389 |
| Code. | 87390 |
| (D) No registration is required for a snowmobile, off-highway | 87391 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 87392 |
| the United States, another state, or a political subdivision | 87393 |
| thereof, but the snowmobile, off-highway motorcycle, or | 87394 |
| all-purpose vehicle shall display the name of the owner thereon. | 87395 |
| (E) The owner or operator of any all-purpose vehicle operated | 87396 |
| or used upon the waters in this state shall comply with Chapters | 87397 |
| 1547. and 1548. of the Revised Code relative to the operation of | 87398 |
| watercraft. | 87399 |
| (F) Except as otherwise provided in this division, whoever | 87400 |
| violates division (A) of this section shall be fined not less | 87401 |
| than fifty dollars but not more than one hundred dollars. | 87402 |
| Sec. 4519.03. (A) The owner of every snowmobile, | 87403 |
| off-highway motorcycle, and all-purpose vehicle required to be | 87404 |
| registered under section 4519.02 of the Revised Code shall file | 87405 |
| an application for registration with the registrar of motor | 87406 |
| vehicles or a deputy registrar, on blanks furnished by the | 87407 |
| registrar for that purpose and containing all of the following | 87408 |
| information: | 87409 |
| (1) A brief description of the snowmobile, off-highway | 87410 |
| motorcycle, or all-purpose vehicle, including the year, make, | 87411 |
| model, and the vehicle identification number; | 87412 |
| (2) The name, residence, and business address of the owner; | 87413 |
| (3) A statement that the snowmobile, off-highway motorcycle, | 87414 |
| or all-purpose vehicle is equipped as required by section 4519.20 | 87415 |
| of the Revised Code and any rule adopted under that section. The | 87416 |
| statement shall include a check list of the required equipment | 87417 |
| items in the form the registrar shall prescribe. | 87418 |
| The application shall be signed by the owner of the | 87419 |
| snowmobile, off-highway motorcycle, or all-purpose vehicle and | 87420 |
| shall be accompanied by a fee as provided in division (C) of | 87421 |
| section 4519.04 of the Revised Code. | 87422 |
| If the application is not in proper form, or if the vehicle | 87423 |
| for which registration is sought does not appear to be equipped as | 87424 |
| required by section 4519.20 of the Revised Code or any rule | 87425 |
| adopted under that section, the registration shall be refused, and | 87426 |
| no registration sticker, license plate, or validation sticker | 87427 |
| shall be issued. | 87428 |
| (B) | 87429 |
| division, no certificate of registration or renewal of a | 87430 |
| certificate of registration shall be issued for an off-highway | 87431 |
| motorcycle or all-purpose vehicle required to be registered under | 87432 |
| section 4519.02 of the Revised Code, and no certificate of | 87433 |
| registration issued under this chapter for an off-highway | 87434 |
| motorcycle or all-purpose vehicle that is sold or otherwise | 87435 |
| transferred shall be transferred to the new owner of the | 87436 |
| off-highway motorcycle or all-purpose vehicle as permitted by | 87437 |
| division (B) of section 4519.05 of the Revised Code, unless a | 87438 |
| certificate of title has been issued under this chapter for the | 87439 |
| motorcycle or vehicle, and the owner or new owner, as the case may | 87440 |
| be, presents a physical certificate of title or memorandum | 87441 |
| certificate of title for inspection at the time the owner or new | 87442 |
| owner first submits a registration application, registration | 87443 |
| renewal application, or registration transfer application for the | 87444 |
|
motorcycle or
vehicle | 87445 |
| certificate of title or memorandum certificate has been issued by | 87446 |
| a clerk of a court of common pleas. If, under sections 4519.512 | 87447 |
| and 4519.58 of the Revised Code, a clerk instead has issued an | 87448 |
| electronic certificate of title for the applicant's off-highway | 87449 |
| motorcycle or all-purpose vehicle, that certificate may be | 87450 |
| presented for inspection at the time of first registration in a | 87451 |
| manner prescribed by rules adopted by the registrar. In the case | 87452 |
| of an off-highway motorcycle or all-purpose vehicle that was | 87453 |
| purchased prior to October 1, 2005, and for which a certificate of | 87454 |
| title has not been issued, the owner shall not be required to | 87455 |
| present a physical certificate of title or memorandum certificate | 87456 |
| of title or an electronic certificate of title for the motorcycle | 87457 |
| or vehicle but instead may present a signed affidavit of ownership | 87458 |
| in a form prescribed by the registrar. The affidavit shall | 87459 |
| include, at a minimum, the date of purchase, make, model, and | 87460 |
| vehicle identification number of the motorcycle or vehicle. If no | 87461 |
| vehicle identification number has been assigned to the off-highway | 87462 |
| motorcycle or all-purpose vehicle, then the serial number of the | 87463 |
| motorcycle or vehicle shall be presented at the time of | 87464 |
| application. | 87465 |
| (C) When the owner of an off-highway motorcycle or | 87466 |
| all-purpose vehicle first registers it in the owner's name, and a | 87467 |
| certificate of title has been issued for the motorcycle or | 87468 |
| vehicle, the owner shall present for inspection a physical | 87469 |
| certificate of title or memorandum certificate of title showing | 87470 |
| title to the off-highway motorcycle or all-purpose vehicle in the | 87471 |
| name of the owner if a physical certificate of title or memorandum | 87472 |
| certificate has been issued by a clerk of a court of common pleas. | 87473 |
| If, under sections 4519.512 and 4519.58 of the Revised Code, a | 87474 |
| clerk instead has issued an electronic certificate of title for | 87475 |
| the applicant's off-highway motorcycle or all-purpose vehicle, | 87476 |
| that certificate may be presented for inspection at the time of | 87477 |
| first registration in a manner prescribed by rules adopted by the | 87478 |
| registrar. In the case of an off-highway motorcycle or all-purpose | 87479 |
| vehicle that was purchased prior to October 1, 2005, and for which | 87480 |
| a certificate of title has not been issued, the owner shall not be | 87481 |
| required to present a physical certificate of title or memorandum | 87482 |
| certificate of title or an electronic certificate of title for the | 87483 |
| motorcycle or vehicle but instead may present a signed affidavit | 87484 |
| of ownership in a form prescribed by the registrar. The affidavit | 87485 |
| shall include, at a minimum, the date of purchase, make, model, | 87486 |
| and vehicle identification number of the motorcycle or vehicle. If | 87487 |
| no vehicle identification number has been assigned to the | 87488 |
| off-highway motorcycle or all-purpose vehicle, then the serial | 87489 |
| number of the motorcycle or vehicle shall be presented at the time | 87490 |
| of application. If, when the owner of such an off-highway | 87491 |
| motorcycle or all-purpose vehicle first makes application to | 87492 |
| register it in the owner's name, the application is not in proper | 87493 |
| form or the certificate of title or memorandum certificate of | 87494 |
| title does not accompany the registration or, in the case of an | 87495 |
| electronic certificate of title or ownership affidavit, it is not | 87496 |
| presented in a manner prescribed by the registrar, the | 87497 |
| registration shall be refused, and neither a certificate of | 87498 |
| registration nor a registration sticker, license plate, or | 87499 |
| validation sticker shall be issued. When a certificate of | 87500 |
| registration and registration sticker, license plate, or | 87501 |
| validation sticker are issued upon the first registration of an | 87502 |
| off-highway motorcycle or all-purpose vehicle by or on behalf of | 87503 |
| the owner, the official issuing them shall indicate the issuance | 87504 |
|
with a stamp
on the
certificate of title | 87505 |
| certificate of title, or affidavit, or, in the case of an | 87506 |
| electronic certificate of title, an electronic stamp or other | 87507 |
| notation as specified in rules adopted by the registrar. | 87508 |
| (D) Each deputy registrar shall be allowed a fee of three | 87509 |
| dollars and fifty cents for each application or renewal | 87510 |
| application received by the deputy registrar, which shall be for | 87511 |
| the purpose of compensating the deputy registrar for services, and | 87512 |
| office and rental expense, as may be necessary for the proper | 87513 |
| discharge of the deputy registrar's duties in the receiving of | 87514 |
| applications and the issuing of certificates of registration. | 87515 |
| Each deputy registrar, upon receipt of any application for | 87516 |
| registration, together with the registration fee, shall transmit | 87517 |
| the fee, together with the original and duplicate copy of the | 87518 |
| application, to the registrar in the manner and at the times the | 87519 |
| registrar, subject to the approval of the director of public | 87520 |
| safety and the treasurer of state, shall prescribe by rule. | 87521 |
| Sec. 4519.04. (A) Upon the filing of an application for | 87522 |
| registration of a snowmobile, off-highway motorcycle, or | 87523 |
| all-purpose vehicle and the payment of the tax therefor, the | 87524 |
| registrar of motor vehicles or a deputy registrar shall assign to | 87525 |
| the snowmobile, off-highway motorcycle, or all-purpose vehicle a | 87526 |
| distinctive number and issue and deliver to the owner in such | 87527 |
| manner as the registrar may select, a certificate of registration, | 87528 |
| in such form as the registrar shall prescribe. Any number so | 87529 |
| assigned to a snowmobile, off-highway motorcycle, or all-purpose | 87530 |
| vehicle shall be a permanent number, and shall not be issued to | 87531 |
| any other snowmobile, off-highway motorcycle, or all-purpose | 87532 |
| vehicle. | 87533 |
| (B)(1) In addition to the certificate of registration, the | 87534 |
| registrar or deputy registrar also shall issue to the owner of a | 87535 |
|
snowmobile or off-highway motorcycle | 87536 |
| 87537 | |
|
size of the | 87538 |
|
letters
displayed on | 87539 |
| decal stickers shall be one on | 87540 |
| 87541 |
| | 87542 |
| 87543 | |
| either side of the forward cowling | 87544 |
| 87545 | |
| 87546 | |
| 87547 |
| (2) The registrar or deputy registrar also shall issue to the | 87548 |
| owner of an all-purpose vehicle, in addition to the certificate of | 87549 |
| registration, one license plate and a validation sticker, or a | 87550 |
| validation sticker alone when applicable upon a registration | 87551 |
| renewal. The license plate and validation sticker shall be | 87552 |
| displayed on the all-purpose vehicle so that they are distinctly | 87553 |
| visible, in accordance with such rules as the registrar adopts. | 87554 |
| The validation sticker shall indicate the expiration date of the | 87555 |
| registration period of the all-purpose vehicle. During each | 87556 |
| succeeding registration period following the issuance of the | 87557 |
| license plate and validation sticker, upon the filing of an | 87558 |
| application for registration and payment of the fee specified in | 87559 |
| division (C) of this section, a validation sticker alone shall be | 87560 |
| issued. | 87561 |
| (C) Unless previously canceled, each certificate of | 87562 |
| registration issued for a snowmobile, off-highway motorcycle, or | 87563 |
| all-purpose vehicle expires upon the thirty-first day of December | 87564 |
| in the third year after the date it is issued. Application for | 87565 |
| renewal of a certificate may be made not earlier than ninety days | 87566 |
| preceding the expiration date, and shall be accompanied by a fee | 87567 |
|
of | 87568 |
| Notwithstanding section 4519.11 of the Revised Code, of each | 87569 |
| 87570 | |
|
for the
registration of | 87571 |
| or all-purpose vehicle, the registrar shall retain not more than | 87572 |
| 87573 | |
| the bureau of motor vehicles incurs in registering the | 87574 |
| snowmobile, off-highway motorcycle, or all-purpose vehicle. The | 87575 |
| remainder of the fee shall be deposited into the state treasury | 87576 |
| to the credit of the state recreational vehicle fund created by | 87577 |
| section 4519.11 of the Revised Code. | 87578 |
| Sec. 4519.44. (A) No person who does not hold a valid, | 87579 |
| current motor vehicle driver's or commercial driver's license, | 87580 |
| motorcycle operator's endorsement, or probationary license, issued | 87581 |
| under Chapter 4506. or 4507. of the Revised Code or a valid, | 87582 |
| current driver's license issued by another jurisdiction, shall | 87583 |
| operate a snowmobile, off-highway motorcycle, or all-purpose | 87584 |
| vehicle on any street or highway in this state, on any portion of | 87585 |
| the right-of-way thereof, or on any public land or waters. | 87586 |
| (B) No person who is less than sixteen years of age shall | 87587 |
| operate a snowmobile, off-highway motorcycle, or all-purpose | 87588 |
| vehicle on any land or waters other than private property or | 87589 |
| waters owned by or leased to the person's parent or guardian, | 87590 |
| unless accompanied by another person who is eighteen years of age, | 87591 |
| or older, and who holds a license as provided in division (A) of | 87592 |
| this section, except that the department of natural resources may | 87593 |
| permit such operation on state controlled land under its | 87594 |
|
jurisdiction when such person is
less than sixteen years of age | 87595 |
| 87596 | |
| or guardian who is a licensed driver eighteen years of age or | 87597 |
| older. | 87598 |
| (C) Whoever violates this section shall be fined not less | 87599 |
| than fifty nor more than five hundred dollars, imprisoned not | 87600 |
| less than three nor more than thirty days, or both. | 87601 |
| Sec. 4519.59. (A)(1) The clerk of a court of common pleas | 87602 |
| shall charge and retain fees as follows: | 87603 |
| (a) Fifteen dollars for each certificate of title or | 87604 |
| duplicate certificate of title including the issuance of a | 87605 |
| memorandum certificate of title, authorization to print a | 87606 |
| non-negotiable evidence of ownership described in division (D) of | 87607 |
| section 4519.58 of the Revised Code, non-negotiable evidence of | 87608 |
| ownership printed by the clerk under division (E) of that section, | 87609 |
| and notation of any lien on a certificate of title that is applied | 87610 |
| for at the same time as the certificate of title. The clerk shall | 87611 |
| retain eleven dollars and fifty cents of that fee for each | 87612 |
| certificate of title when there is a notation of a lien or | 87613 |
| security interest on the certificate of title, twelve dollars and | 87614 |
| twenty-five cents when there is no lien or security interest noted | 87615 |
| on the certificate of title, and eleven dollars and fifty cents | 87616 |
| for each duplicate certificate of title. | 87617 |
| (b) Five dollars for each certificate of title with no | 87618 |
| security interest noted that is issued to a licensed motor vehicle | 87619 |
| dealer for resale purposes. The clerk shall retain two dollars and | 87620 |
| twenty-five cents of that fee. | 87621 |
| (c) Five dollars for each memorandum certificate of title or | 87622 |
| non-negotiable evidence of ownership that is applied for | 87623 |
| separately. The clerk shall retain that entire fee. | 87624 |
| (2) The fees that are not retained by the clerk shall be | 87625 |
| paid to the registrar of motor vehicles by monthly returns, which | 87626 |
| shall be forwarded to the registrar not later than the fifth day | 87627 |
| of the month next succeeding that in which the certificate is | 87628 |
| forwarded or that in which the registrar is notified of a lien or | 87629 |
| cancellation of a lien. | 87630 |
| (B)(1) The registrar shall pay twenty-five cents of the | 87631 |
| amount received for each certificate of title that is issued to a | 87632 |
|
motor vehicle dealer for resale
| 87633 |
| certificates of title issued with a lien or security interest | 87634 |
| noted on the certificate of title, and twenty-five cents for each | 87635 |
| certificate of title with no lien or security interest noted on | 87636 |
| the certificate of title into the state bureau of motor vehicles | 87637 |
| fund established in section 4501.25 of the Revised Code. | 87638 |
| (2) Fifty cents of the amount received for each certificate | 87639 |
| of title shall be paid by the registrar as follows: | 87640 |
| (a) Four cents shall be paid into the state treasury to the | 87641 |
| credit of the motor vehicle dealers board fund created in section | 87642 |
| 4505.09 of the Revised Code, for use as described in division | 87643 |
| (B)(2)(a) of that section. | 87644 |
| (b) Twenty-one cents shall be paid into the highway operating | 87645 |
| fund. | 87646 |
| (c) Twenty-five cents shall be paid into the state treasury | 87647 |
| to the credit of the motor vehicle sales audit fund created in | 87648 |
| section 4505.09 of the Revised Code, for use as described in | 87649 |
| division (B)(2)(c) of that section. | 87650 |
| (3) Two dollars of the amount received by the registrar for | 87651 |
| each certificate of title shall be paid into the state treasury to | 87652 |
| the credit of the automated title processing fund created in | 87653 |
| section 4505.09 of the Revised Code, for use as described in | 87654 |
| divisions (B)(3)(a) and (c) of that section. | 87655 |
| Sec. 4549.10. (A) No person shall operate or cause to be | 87656 |
| operated upon a public road or highway a motor vehicle of a | 87657 |
| manufacturer or dealer unless the vehicle carries and displays two | 87658 |
| placards, except as provided in section 4503.21 of the Revised | 87659 |
| Code, issued by the director of public safety that bear the | 87660 |
| registration number of its manufacturer or dealer. | 87661 |
| (B) Whoever violates division (A) of this section is guilty | 87662 |
| of illegal operation of a manufacturer's or dealer's motor | 87663 |
|
vehicle, a minor
misdemeanor | 87664 |
| 87665 |
| Sec. 4549.12. (A) No person who is the owner of a motor | 87666 |
| vehicle and a resident of this state shall operate or drive the | 87667 |
| motor vehicle upon the highways of this state, while it displays a | 87668 |
| distinctive number or identification mark issued by or under the | 87669 |
| authority of another state, without complying with the laws of | 87670 |
| this state relating to the registration and identification of | 87671 |
| motor vehicles. | 87672 |
| (B) Whoever violates division (A) of this section is guilty | 87673 |
| of illegal operation by a resident of this state of a motor | 87674 |
| vehicle bearing the distinctive number or identification mark | 87675 |
|
issued by a
foreign jurisdiction, a minor misdemeanor | 87676 |
| 87677 | |
| 87678 |
| Sec. 4582.71. (A) As used in this section: | 87679 |
| (1) "Bond proceedings" means, with respect to obligations | 87680 |
| authorized under this section, the resolutions, certifications and | 87681 |
| agreements, including without limitation a venture capital | 87682 |
| agreement, the loan documents and any trust agreements, and any | 87683 |
| authorized credit enhancement facilities or swaps or other hedging | 87684 |
| instruments, and amendments or supplements thereto, or to any one | 87685 |
| or more or combination of them, authorizing, awarding, or | 87686 |
| providing for the terms and conditions applicable to or providing | 87687 |
| for the security or liquidity of, the particular obligations, and | 87688 |
| the provisions contained in those obligations. | 87689 |
| (2) "Issuing authority" means a port authority that, pursuant | 87690 |
| to a venture capital agreement, issues or issued obligations to | 87691 |
| fund one or more loans to the program fund. | 87692 |
| (3) "Loan" means an extension of credit to or in aid of the | 87693 |
| program fund in any form, including loans to lenders or the | 87694 |
| purchase of loans, including the purchase for cancellation of any | 87695 |
| loan, and evidenced in any manner including, without limitation, | 87696 |
| by a loan agreement, a promissory note, a bond, note, certificate | 87697 |
| of participation or other security, a letter of credit and | 87698 |
| reimbursement agreement or other credit facility, or a standby | 87699 |
| bond or note purchase agreement, line of credit or other liquidity | 87700 |
| facility, and including, in any event, any related swap or other | 87701 |
| hedging instrument. | 87702 |
| (4) "Obligations" means, as applicable to the issuing | 87703 |
| authority, bonds, notes, or other forms or evidences of obligation | 87704 |
| constituting revenue bonds as that term is used in division (A)(4) | 87705 |
| of section 4582.06 of the Revised Code, or port authority revenue | 87706 |
| bonds as that term is used in section 4582.48 and division (A)(8) | 87707 |
| of section 4582.31 of the Revised Code, which obligations are | 87708 |
| issued by the issuing authority pursuant to the bond proceedings | 87709 |
| and this section. | 87710 |
| (5) "Port authority" means a port authority organized and | 87711 |
| existing under Chapter 4582. of the Revised Code. | 87712 |
| (6) "Research and development costs" means costs of or in | 87713 |
| support of or related to the implementation of research and | 87714 |
| development purposes including, without limitation, capital | 87715 |
| formation, direct operating costs, costs of research and | 87716 |
| facilities, including interests in real property therefor, and | 87717 |
| other support, and costs of making grants, loans, including loans | 87718 |
| to lenders or the purchase of loans, subsidies, contributions, | 87719 |
| advances or guarantees, or direct investments in, or payment, or | 87720 |
| reimbursement from available moneys for, implementing research and | 87721 |
| development purposes consistent with Section 2p of Article VIII, | 87722 |
| Ohio Constitution, and the investment policy adopted by the | 87723 |
| venture capital authority pursuant to section 150.03 of the | 87724 |
| Revised Code, and includes financing charges, amounts necessary to | 87725 |
| establish the reserves required pursuant to the bond proceedings, | 87726 |
| interest on loans including loans purchased for cancellation, | 87727 |
| interest on the obligations from their date until the time | 87728 |
| determined in the bond proceedings when interest is to be paid | 87729 |
| from sources other than the proceeds of obligations, legal | 87730 |
| expenses and other costs of or related to the issuance of | 87731 |
| obligations, estimates of costs and revenues or other expenses | 87732 |
| necessary or incident to determining the feasibility or | 87733 |
| practicability of the financing of any research and development | 87734 |
| costs with proceeds of obligations or other sources, | 87735 |
| administrative expenses related to obligations, and the | 87736 |
| application of the proceeds of obligations, including fees of the | 87737 |
| issuing authority, any trustee, and any other costs and expenses | 87738 |
| reasonably necessary or incident thereto or to the financing of | 87739 |
| research and development costs, and costs described in this | 87740 |
| division incurred prior to the issuance of obligations and paid, | 87741 |
| advanced, or borrowed by an issuing authority, the venture capital | 87742 |
| authority, the program fund or other public or private person or | 87743 |
| entity, which costs may be reimbursed from the proceeds of such | 87744 |
| obligations. "Research and development costs" does not include any | 87745 |
| otherwise qualifying costs that are in support of the purposes | 87746 |
| provided for in Section 15 of Article VIII, Ohio Constitution. | 87747 |
| (7) "Tax credits" means the refundable tax credits authorized | 87748 |
| by section 150.07 of the Revised Code and to be issued by the | 87749 |
| venture capital authority to any lender. | 87750 |
| (8) "Venture capital agreement" means an agreement between | 87751 |
| the venture capital authority and an issuing authority entered | 87752 |
| into under division (E) of section 150.02 of the Revised Code. | 87753 |
| (9) "Venture capital authority" means the Ohio venture | 87754 |
| capital authority established under section 150.02 of the Revised | 87755 |
| Code. | 87756 |
| (10) "Lender," "program fund," and "research and development | 87757 |
| purposes" have the same meanings as in section 150.01 of the | 87758 |
| Revised Code. | 87759 |
| (B) In addition to other authorized purposes of a port | 87760 |
| authority, activities authorized by Section 2p of Article VIII, | 87761 |
| Ohio Constitution, shall be authorized purposes of port | 87762 |
| authorities. | 87763 |
| (C) An issuing authority may issue obligations pursuant to | 87764 |
| this section and Section 2p of Article VIII, Ohio Constitution, to | 87765 |
| make loans to the program fund to provide for research and | 87766 |
| development costs. The proceeds of the obligations shall be used | 87767 |
| to make loans to provide for research and development costs and | 87768 |
| all such proceeds shall be so used in accordance with the bond | 87769 |
| proceedings. | 87770 |
| (D) Except to any extent inconsistent with this section, all | 87771 |
| terms, provisions, and authorizations in Chapter 4582. of the | 87772 |
| Revised Code as applicable to the issuing authority, and the | 87773 |
| terms, provisions, and authorizations of sections 9.96, 9.98, | 87774 |
| 9.981, 9.982, and 9.983 of the Revised Code apply to the | 87775 |
| obligations and the bond proceedings except as otherwise provided | 87776 |
| or provided for in those obligations and bond proceedings. The | 87777 |
| obligations shall be secured by a trust agreement between the | 87778 |
| issuing authority and a trustee, and such trust agreement, and the | 87779 |
| establishment, deposit, investment and application of special | 87780 |
| funds, and the safeguarding of moneys shall be governed by the | 87781 |
| bond proceedings and by Chapter 4582. of the Revised Code, as | 87782 |
| applicable to the issuing authority. Pursuant to the trust | 87783 |
| agreement and other bond proceedings, there shall be established, | 87784 |
| in addition to any other special funds in the custody of the | 87785 |
| trustee, one or more funds into which shall be deposited the | 87786 |
| proceeds of the obligations and the revenues pledged to the | 87787 |
| payment of the obligations, including a reserve fund in an amount | 87788 |
| established in, and to be funded as provided in, the bond | 87789 |
| proceedings. | 87790 |
| (E) The issuing authority, the trustee, or both shall be | 87791 |
| authorized under the venture capital agreement to receive and | 87792 |
| claim tax credits in accordance with division (E) of section | 87793 |
| 150.07 of the Revised Code, and the holders of the obligations, or | 87794 |
| any book-entry interests therein, shall have no rights with | 87795 |
| respect to the tax credits except any right established under the | 87796 |
| applicable trust agreement to direct the trustee to take, or | 87797 |
| require the issuing authority to take, the actions necessary to | 87798 |
| receive and claim any available tax credits. Upon receipt of any | 87799 |
| tax credits issued by the venture capital authority, the issuing | 87800 |
| authority or the trustee shall, within the times required by law, | 87801 |
| file an appropriate tax return to claim the applicable tax credits | 87802 |
| and, upon receipt of the proceeds of any such tax credits, an | 87803 |
| issuing authority shall promptly deliver to the trustee for | 87804 |
| deposit, and the trustee shall upon receipt deposit, such proceeds | 87805 |
| into the funds established in accordance with division (D) of this | 87806 |
| section. | 87807 |
| (F) The venture capital authority, the director of | 87808 |
| development, or the tax commissioner may covenant in the bond | 87809 |
| proceedings, and such covenants shall be controlling | 87810 |
| notwithstanding any other provision of law, that the state and | 87811 |
| applicable officers and state agencies, including the general | 87812 |
| assembly, so long as any obligations issued under this section are | 87813 |
| outstanding, shall maintain statutory authority for and shall | 87814 |
| authorize, issue, and deliver fully refundable tax credits in such | 87815 |
| amounts and for such periods, subject to the limitation in section | 87816 |
| 150.07 of the Revised Code on the date of such covenant, so that | 87817 |
| the tax credits will be sufficient, subject to such limits, in | 87818 |
| time and amount to meet debt service on the obligations and for | 87819 |
| the establishment and maintenance of any reserves and other | 87820 |
| requirements provided for in the bond proceedings. The general | 87821 |
| assembly may from time to time repeal any of the taxes against | 87822 |
| which the tax credits may be claimed, and may authorize the tax | 87823 |
| credits to be claimed with respect to any new tax to meet any such | 87824 |
| covenant made in the bond proceedings, provided that, so long as | 87825 |
| any obligations issued under this section are outstanding, nothing | 87826 |
| in this division authorizes any impairment of a covenant to | 87827 |
| maintain statutory authority for and to authorize, issue, and | 87828 |
| deliver fully refundable tax credits sufficient, subject to | 87829 |
| applicable limits, to meet the commitments made in any such | 87830 |
| covenant. | 87831 |
| (G) The obligations do not constitute a debt, or a pledge of | 87832 |
| the faith and credit, of the state, the issuing authority or any | 87833 |
| political subdivision of the state, and the holders or owners of | 87834 |
| the obligations have no right to have taxes levied by the general | 87835 |
| assembly or the taxing authority of the issuing authority or any | 87836 |
| political subdivision of the state for the payment of the | 87837 |
| principal of or interest on the obligations, but the obligations | 87838 |
| are payable solely from the revenues and funds pledged for their | 87839 |
| payment as authorized in or pursuant to this section and the bond | 87840 |
| proceedings, and the obligations shall contain on the face thereof | 87841 |
| a statement to the effect that the obligations, as to both | 87842 |
| principal and interest, are not debts of the state, the issuing | 87843 |
| authority, or any political subdivision of the state, but are | 87844 |
| payable solely from the revenues and funds pledged for their | 87845 |
| payment. | 87846 |
| (H) This section is intended to implement Section 2p of | 87847 |
| Article VIII, Ohio Constitution, including provision for | 87848 |
| procedures for incurring and issuing obligations of local public | 87849 |
| entities and agencies authorized by that section, and shall be | 87850 |
| liberally construed to effect the purposes of that section. The | 87851 |
| powers and authorizations granted in this section may be exercised | 87852 |
| jointly or separately by one or more issuing authorities and are | 87853 |
| in addition to and supplemental to the powers and authorizations | 87854 |
| otherwise granted to port authorities under applicable provisions | 87855 |
| of Chapter 4582. of the Revised Code and shall not be construed as | 87856 |
| a limitation on any such powers or authorizations. | 87857 |
| Sec. 4705.09. (A)(1) Any person admitted to the practice of | 87858 |
| law in this state by order of the supreme court in accordance with | 87859 |
| its prescribed and published rules, or any law firm or legal | 87860 |
| professional association, may establish and maintain an | 87861 |
|
interest-bearing trust account | 87862 |
| funds held by the attorney, firm, or association that are nominal | 87863 |
| in amount or are to be held by the attorney, firm, or association | 87864 |
|
for a short period of time | 87865 |
| 87866 | |
| 87867 | |
| 87868 | |
| 87869 | |
| 87870 | |
| 87871 | |
| 87872 | |
| 87873 |
| (2) The account established under division (A) of this | 87874 |
| section shall be established and maintained at an eligible | 87875 |
| depository. | 87876 |
| (3) Each account established under | 87877 |
| section shall be in the name of the attorney, firm, or association | 87878 |
| that established and is maintaining it and shall be identified as | 87879 |
| an IOLTA or an interest on lawyer's trust account. The name of the | 87880 |
| account may contain additional identifying features to distinguish | 87881 |
| it from other trust accounts established and maintained by the | 87882 |
| attorney, firm, or association. | 87883 |
| | 87884 |
| shall do one of the following: | 87885 |
| (a) Establish and maintain one or more interest-bearing trust | 87886 |
| accounts in accordance with division (A)(1) of this section or | 87887 |
| maintain one or more interest-bearing trust accounts previously | 87888 |
|
established in accordance with that division | 87889 |
| client funds held that are nominal in amount or are to be held by | 87890 |
| the attorney for a short period of time in the account or | 87891 |
| accounts; | 87892 |
| (b) If the attorney is affiliated with a law firm or legal | 87893 |
|
professional association, comply with division (A) | 87894 |
| this section or deposit all client funds held that are nominal in | 87895 |
| amount or are to be held by the attorney for a short period of | 87896 |
| time in one or more interest-bearing trust accounts established | 87897 |
| and maintained by the firm or association in accordance with | 87898 |
| division (A)(1) of this section. | 87899 |
| | 87900 |
| professional association shall be deposited in any | 87901 |
|
interest-bearing trust account established under division
(A) | 87902 |
| 87903 | |
| the account or to pay or enable a waiver of depository institution | 87904 |
| service charges on the account shall be deposited in the account | 87905 |
| and other funds belonging to the attorney, firm, or association | 87906 |
|
may be deposited
as authorized by the | 87907 |
| 87908 | |
| supreme court. The determinations of whether funds held are | 87909 |
| nominal or more than nominal in amount and of whether funds are to | 87910 |
| be held for a short period or longer than a short period of time | 87911 |
| rests in the sound judgment of the particular attorney. No | 87912 |
| imputation of professional misconduct shall arise from the | 87913 |
| attorney's exercise of judgment in these matters. | 87914 |
| (B) All interest earned on funds deposited in an | 87915 |
|
interest-bearing trust account established under division
(A) | 87916 |
| 87917 | |
| state for deposit in the legal aid fund established under section | 87918 |
| 120.52 of the Revised Code. No part of the interest earned on | 87919 |
| funds deposited in an interest-bearing trust account established | 87920 |
|
under division (A) | 87921 |
| inure to the benefit of, the attorney, the attorney's law firm or | 87922 |
| legal professional association, the client or other person who | 87923 |
| owns or has a beneficial ownership of the funds deposited, or any | 87924 |
| other account, person, or entity other than in accordance with | 87925 |
| this section, section 4705.10, and sections 120.51 to 120.55 of | 87926 |
| the Revised Code. | 87927 |
| (C) No liability arising out of any act or omission by any | 87928 |
| attorney, law firm, or legal professional association with respect | 87929 |
| to any interest-bearing trust account established under division | 87930 |
|
(A) | 87931 |
| institution. | 87932 |
| (D) The supreme court may adopt and enforce rules of | 87933 |
| professional conduct that pertain to the use, by attorneys, law | 87934 |
| firms, or legal professional associations, of interest-bearing | 87935 |
|
trust accounts established under division (A) | 87936 |
|
section, and that pertain to the enforcement of division (A) | 87937 |
| this section. Any rules adopted by the supreme court under this | 87938 |
| authority shall conform to the provisions of this section, section | 87939 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code and any | 87940 |
| rules adopted by the Ohio legal assistance foundation pursuant to | 87941 |
| section 120.52 of the Revised Code. | 87942 |
| (E) As used in this section, "eligible depository" has the | 87943 |
| same meaning as in section 3953.231 of the Revised Code. | 87944 |
| Sec. 4705.10. (A) All of the following apply to an | 87945 |
| interest-bearing trust account established under authority of | 87946 |
| section 4705.09 of the Revised Code: | 87947 |
| (1) All funds | 87948 |
| product at an eligible depository and shall be subject to | 87949 |
| withdrawal upon request and without delay, or as soon as is | 87950 |
| permitted by federal law; | 87951 |
| (2)(a) The approved rate of interest payable on the account | 87952 |
|
shall | 87953 |
|
rate or dividend rate paid by the eligible depository | 87954 |
| 87955 | |
|
are not IOLTA account products. | 87956 |
| shall pay on its IOLTA account product any higher rates offered by | 87957 |
| 87958 | |
| 87959 | |
| 87960 | |
| 87961 | |
| 87962 | |
| products that are not IOLTA account products. | 87963 |
| (b) In paying not less than the highest interest rate or | 87964 |
| dividend paid by the eligible depository on its account products | 87965 |
| that are not IOLTA account products, an eligible depository shall | 87966 |
| do both of the following: | 87967 |
| (i) For IOLTA accounts with balances of less than one | 87968 |
| hundred thousand dollars, pay a rate that equals or exceeds the | 87969 |
| highest rate paid on its business checking account paying | 87970 |
| preferred interest rates, such as money market or indexed rates, | 87971 |
| or any other similar, suitable interest-bearing account offered by | 87972 |
| the eligible depository on its account products that are not IOLTA | 87973 |
| account products; | 87974 |
| (ii) For IOLTA accounts with balances of one hundred | 87975 |
| thousand dollars or more, pay a rate that equals or exceeds the | 87976 |
| highest rate paid on its business checking account with an | 87977 |
| automated investment feature, such as an overnight sweep account, | 87978 |
| business investment or other similar premium checking account, | 87979 |
| short-term jumbo certificate of deposit, money market account, or | 87980 |
| any other similar, suitable interest-bearing account offered by | 87981 |
| the eligible depository on its account products that are not IOLTA | 87982 |
| account products. | 87983 |
| (c) In determining the highest interest rate or dividend paid | 87984 |
| by the eligible depository on its account products that are not | 87985 |
| IOLTA account products, an eligible depository shall consider the | 87986 |
| rates it offers its customers from internal rate sheets or through | 87987 |
| preferred or negotiated rates on a per customer basis. In | 87988 |
| considering the rate for the IOLTA account product, the eligible | 87989 |
| depository may also take into consideration and discount for | 87990 |
| factors such as fees paid by the account-holder, time commitments, | 87991 |
| and withdrawal limitations on other account products. The eligible | 87992 |
| depository shall not use these factors to preclude consideration | 87993 |
| of the rates paid on one or more of its account products that are | 87994 |
| not IOLTA account products in the eligible depository's | 87995 |
| establishment of a rate for the IOLTA account product. | 87996 |
| (d) If an eligible depository determines that it is unable to | 87997 |
| pay the rate required under this division during any reporting | 87998 |
| period, the eligible depository may request from the Ohio legal | 87999 |
| assistance foundation a waiver from the approved rate requirement | 88000 |
| for that reporting period. If an eligible depository requests a | 88001 |
| waiver from the approved rate requirement, the eligible depository | 88002 |
| shall demonstrate in the form and manner prescribed in rules | 88003 |
| adopted by the Ohio legal assistance foundation pursuant to | 88004 |
| section 120.52 of the Revised Code that the rates of interest paid | 88005 |
| on its IOLTA account product are generally not less than the | 88006 |
| highest rates paid by the eligible depository on its account | 88007 |
| products that are not IOLTA account products. At a minimum, the | 88008 |
| eligible depository shall demonstrate by an independent, | 88009 |
| third-party auditor's certification that not more than five per | 88010 |
| cent of the eligible depository's account products that are not | 88011 |
| IOLTA account products with an average daily balance of greater | 88012 |
| than or equal to one hundred thousand dollars have rates that are | 88013 |
| higher than the rate paid on the its IOLTA account product during | 88014 |
| the same reporting period. | 88015 |
| (3) The | 88016 |
|
person or law firm establishing the account | 88017 |
| eligible depository to do all of the following: | 88018 |
| (a) Remit by the fifteenth day of each month interest or | 88019 |
| dividends, whichever is applicable, on the average monthly balance | 88020 |
| in the account earned in the preceding month or as otherwise | 88021 |
|
computed in accordance with the | 88022 |
|
depository's standard accounting
practice | 88023 |
| 88024 | |
| in the legal aid fund established under section 120.52 of the | 88025 |
| Revised Code; | 88026 |
| (b) Transmit to the treasurer of state, | 88027 |
| the Ohio Legal Assistance Foundation, and if requested, to the | 88028 |
| depositing attorney, law firm, or legal professional association | 88029 |
| upon the attorney's, firm's, or association's request, at the time | 88030 |
| of each remittance required by division (A)(3)(a) of this section, | 88031 |
| a statement showing the name of the attorney for whom or the law | 88032 |
| firm or legal professional association for which the remittance is | 88033 |
| sent, the comparable accounts or product types and the rates paid, | 88034 |
| as required in division (A)(2)(b) of this section, the rate of | 88035 |
| interest applied, the accounting period, the net amount remitted | 88036 |
| to the treasurer of state for each account, the total remitted, | 88037 |
| the average account balance for each month of the period for which | 88038 |
| the report is made, and the amount deducted for service charges | 88039 |
| assessed to and paid by the account holder or other party; | 88040 |
| | 88041 |
| office of disciplinary counsel or other entity designated by the | 88042 |
| supreme court on each occasion when a properly payable instrument | 88043 |
| is presented for payment from the account, and the account | 88044 |
|
contains insufficient funds | 88045 |
| provide this notice without regard to whether the instrument is | 88046 |
|
honored by the eligible depository | 88047 |
| 88048 | |
|
(A) | 88049 |
| five banking days of the date that the instrument was honored or | 88050 |
|
returned as
dishonored | 88051 |
| 88052 |
| | 88053 |
| 88054 |
| | 88055 |
| legal professional association that maintains the account; | 88056 |
| | 88057 |
| overdraft and the date issued or the amount of the dishonored | 88058 |
| instrument and the date returned. | 88059 |
| (B)(1) The statements and reports of individual depositor | 88060 |
|
information
made under | 88061 |
| section are confidential and are not public records subject to | 88062 |
| section 149.43 of the Revised Code and shall be used by the Ohio | 88063 |
| legal assistance foundation only for purposes of administering the | 88064 |
| legal aid fund and by the supreme court for enforcement of the | 88065 |
| rules of professional conduct adopted by the supreme court. | 88066 |
| (2) A depository institution may charge the lawyer, law firm, | 88067 |
| or legal professional association that maintains the account with | 88068 |
| fees associated with producing and mailing a notice required by | 88069 |
|
division (A) | 88070 |
| fees from the interest earned on the account. | 88071 |
| (C) As used in this section: | 88072 |
| (1) "Approved rate" and "eligible depository" have the same | 88073 |
| meaning as in section 3953.231 of the Revised Code. | 88074 |
| (2) "IOLTA account product" means a separate and unique | 88075 |
| product offered by an eligible depository that is used exclusively | 88076 |
| for the deposit of funds transferred electronically or otherwise, | 88077 |
| cash, money orders, or negotiable instruments that are received by | 88078 |
| an attorney that is used to hold client funds and fully complies | 88079 |
| with the account requirements of sections 120.52, 4705.09, and | 88080 |
| 4705.10 of the Revised Code. | 88081 |
| Sec. 4709.12. (A) The barber board shall charge and collect | 88082 |
| the following fees: | 88083 |
| (1) For the application to take the barber examination, | 88084 |
| ninety dollars; | 88085 |
| (2) For an application to retake any part of the barber | 88086 |
| examination, forty-five dollars; | 88087 |
| (3) For the initial issuance of a license to practice as a | 88088 |
| barber, thirty dollars; | 88089 |
| (4) For the biennial renewal of the license to practice as a | 88090 |
| barber, one hundred ten dollars; | 88091 |
| (5) For the restoration of an expired barber license, one | 88092 |
| hundred dollars, and seventy-five dollars for each lapsed year, | 88093 |
| provided that the total fee shall not exceed six hundred ninety | 88094 |
| dollars; | 88095 |
| (6) For the issuance of a duplicate barber or shop license, | 88096 |
| forty-five dollars; | 88097 |
| (7) For the inspection of a new barber shop, change of | 88098 |
| ownership, or reopening of premises or facilities formerly | 88099 |
| operated as a barber shop, and issuance of a shop license, one | 88100 |
| hundred ten dollars; | 88101 |
| (8) For the biennial renewal of a barber shop license, | 88102 |
| seventy-five dollars; | 88103 |
| (9) For the restoration of a barber shop license, one hundred | 88104 |
| ten dollars; | 88105 |
| (10) For each inspection of premises for location of a new | 88106 |
| barber school, or each inspection of premises for relocation of a | 88107 |
| currently licensed barber school, seven hundred fifty dollars; | 88108 |
| (11) For the initial barber school license, one thousand | 88109 |
| dollars, and one thousand dollars for the renewal of the license; | 88110 |
| (12) For the restoration of a barber school license, one | 88111 |
| thousand dollars; | 88112 |
| (13) For the issuance of a student registration, forty | 88113 |
| dollars; | 88114 |
| (14) For the examination and issuance of a biennial teacher | 88115 |
| license, one hundred eighty-five dollars; | 88116 |
| (15) For the renewal of a biennial teacher license, one | 88117 |
| hundred fifty dollars; | 88118 |
| (16) For the restoration of an expired teacher license, two | 88119 |
| hundred twenty-five dollars, and sixty dollars for each lapsed | 88120 |
| year, provided that the total fee shall not exceed four hundred | 88121 |
| fifty dollars; | 88122 |
| (17) For the issuance of a barber license by reciprocity | 88123 |
| pursuant to section 4709.08 of the Revised Code, three hundred | 88124 |
| dollars; | 88125 |
| (18) For providing licensure information concerning an | 88126 |
| applicant, upon written request of the applicant, forty dollars. | 88127 |
| (B) The board, subject to the approval of the controlling | 88128 |
| board, may establish fees in excess of the amounts provided in | 88129 |
| this section, provided that the fees do not exceed the amounts | 88130 |
| permitted by this section by more than fifty per cent. | 88131 |
| (C) In addition to any other fee charged and collected under | 88132 |
| this section, the barber board shall ask each person renewing a | 88133 |
| license to practice as a barber whether the person wishes to make | 88134 |
| a two-dollar voluntary contribution to the Ed Jeffers barber | 88135 |
| museum. The board shall transmit any contributions to the | 88136 |
| treasurer of state for deposit into the occupational licensing | 88137 |
| fund. | 88138 |
| Sec. 4713.28. The state board of cosmetology shall issue a | 88139 |
| practicing license to an applicant who, except as provided in | 88140 |
| section 4713.30 of the Revised Code, satisfies all of the | 88141 |
| following applicable conditions: | 88142 |
| (A) Is at least sixteen years of age; | 88143 |
| (B) Is of good moral character; | 88144 |
| (C) Has | 88145 |
| 88146 | |
| general equivalency diploma or has met all career technical | 88147 |
| requirements as established by the Ohio department of education; | 88148 |
| (D) Passes an examination conducted under section 4713.24 of | 88149 |
| the Revised Code for the branch of cosmetology the applicant seeks | 88150 |
| to practice; | 88151 |
| (E) Pays to the board the applicable fee; | 88152 |
| (F) In the case of an applicant for an initial cosmetologist | 88153 |
| license, has successfully completed at least fifteen hundred hours | 88154 |
| of board-approved cosmetology training in a school of cosmetology | 88155 |
| licensed in this state, except that only one thousand hours of | 88156 |
| board-approved cosmetology training in a school of cosmetology | 88157 |
| licensed in this state is required of a person licensed as a | 88158 |
| barber under Chapter 4709. of the Revised Code; | 88159 |
| (G) In the case of an applicant for an initial esthetician | 88160 |
| license, has successfully completed at least six hundred hours of | 88161 |
| board-approved esthetics training in a school of cosmetology | 88162 |
| licensed in this state; | 88163 |
| (H) In the case of an applicant for an initial hair designer | 88164 |
| license, has successfully completed at least one thousand two | 88165 |
| hundred hours of board-approved hair designer training in a school | 88166 |
| of cosmetology licensed in this state, except that only one | 88167 |
| thousand hours of board-approved hair designer training in a | 88168 |
| school of cosmetology licensed in this state is required of a | 88169 |
| person licensed as a barber under Chapter 4709. of the Revised | 88170 |
| Code; | 88171 |
| (I) In the case of an applicant for an initial manicurist | 88172 |
| license, has successfully completed at least two hundred hours of | 88173 |
| board-approved manicurist training in a school of cosmetology | 88174 |
| licensed in this state; | 88175 |
| (J) In the case of an applicant for an initial natural hair | 88176 |
| stylist license, has successfully completed at least four hundred | 88177 |
| fifty hours of instruction in subjects relating to sanitation, | 88178 |
| scalp care, anatomy, hair styling, communication skills, and laws | 88179 |
| and rules governing the practice of cosmetology. | 88180 |
| Sec. 4713.32. When determining the total hours of | 88181 |
| instruction received by an applicant for a license under section | 88182 |
| 4713.28, 4713.30, or 4713.31 of the Revised Code, the state board | 88183 |
|
of
cosmetology shall not take
into account more than | 88184 |
| hours of instruction per day. The board shall take into account | 88185 |
| instruction received more than five years prior to the date of | 88186 |
| application for the license in accordance with rules adopted under | 88187 |
| section 4713.08 of the Revised Code. | 88188 |
| Sec. 4713.63. A practicing license, managing license, or | 88189 |
| instructor license that has not been renewed for any reason other | 88190 |
| than because it has been revoked, suspended, or classified | 88191 |
| inactive, or because the license holder has been given a waiver or | 88192 |
| extension under section 4713.60 of the Revised Code, is expired. | 88193 |
| An expired license may be restored if the person who held the | 88194 |
| license meets all of the following applicable conditions: | 88195 |
| (A) Pays to the state board of cosmetology the restoration | 88196 |
| fee,the current renewal fee, and any applicable late fees; | 88197 |
| (B) Pays | 88198 |
| per license renewal period that has elapsed since the license was | 88199 |
| last issued or renewed; | 88200 |
| (C) | 88201 |
| 88202 | |
| 88203 |
| | 88204 |
|
that has been expired for more
than two
| 88205 |
| 88206 | |
| 88207 | |
| 88208 | |
| renewal periods, completes eight hours of continuing education for | 88209 |
| each license renewal period that has elapsed since the license was | 88210 |
| last issued or renewed, up to a maximum of twenty-four hours. At | 88211 |
| least four of those hours shall include a course pertaining to | 88212 |
| sanitation and safety methods. | 88213 |
| The board shall deposit all fees it receives under division | 88214 |
| (B) of this section into the general revenue fund. | 88215 |
| Sec. 4713.64. (A) In accordance with Chapter 119. of the | 88216 |
| Revised Code, the state board of cosmetology may deny, revoke, or | 88217 |
| suspend a license or permit issued by the board or impose a fine | 88218 |
| for any of the following: | 88219 |
| (1) Failure to comply with the requirements of this chapter | 88220 |
| or rules adopted under it; | 88221 |
| (2) Continued practice by a person knowingly having an | 88222 |
| infectious or contagious disease; | 88223 |
| (3) Habitual drunkenness or addiction to any habit-forming | 88224 |
| drug; | 88225 |
| (4) Willful false and fraudulent or deceptive advertising; | 88226 |
| (5) Falsification of any record or application required to be | 88227 |
| filed with the board; | 88228 |
| (6) Failure to pay a fine or abide by a suspension order | 88229 |
| issued by the board. | 88230 |
| (B) The board may impose a separate fine for each offense | 88231 |
| listed in division (A) of this section. The amount of a fine shall | 88232 |
|
be not more than | 88233 |
| previously been fined for that offense. The fine shall be not more | 88234 |
|
than | 88235 |
| fined for the same offense once before. The fine shall be not more | 88236 |
| than one thousand five hundred dollars if the violator has been | 88237 |
| fined for the same offense two or more times before. | 88238 |
| (C) If a person fails to request a hearing within thirty days | 88239 |
| of the date the board, in accordance with section 119.07 of the | 88240 |
| Revised Code, notifies the person of the board's intent to act | 88241 |
| against the person under division (A) of this section, the board | 88242 |
| by a majority vote of a quorum of the board members may take the | 88243 |
| action against the person without holding an adjudication hearing. | 88244 |
| (D) The board, after a hearing in accordance with Chapter | 88245 |
| 119. of the Revised Code, may suspend a tanning facility permit if | 88246 |
| the owner or operator fails to correct an unsafe condition that | 88247 |
| exists in violation of the board's rules or fails to cooperate in | 88248 |
| an inspection of the tanning facility. If a violation has resulted | 88249 |
| in a condition reasonably believed by an inspector to create an | 88250 |
| immediate danger to the health and safety of any person using the | 88251 |
| tanning facility, the inspector may suspend the permit without a | 88252 |
| prior hearing until the condition is corrected or until a hearing | 88253 |
| in accordance with Chapter 119. of the Revised Code is held and | 88254 |
| the board either upholds the suspension or reinstates the permit. | 88255 |
| Sec. 4731.10. Upon the request of a person | 88256 |
| holds a certificate to practice in this state pursuant to Chapter | 88257 |
| 4731. of the Revised Code and is seeking licensure in another | 88258 |
|
state, the state medical board shall
| 88259 |
| 88260 | |
| certificate to practice in this state. The fee for such | 88261 |
| 88262 |
| Sec. 4731.26. Upon application by the holder of a | 88263 |
| certificate to practice or certificate of registration issued | 88264 |
| under this chapter, the state medical board shall issue a | 88265 |
| duplicate certificate to replace one missing or damaged, to | 88266 |
| reflect a name change, or for any other reasonable cause. The fee | 88267 |
|
for | 88268 |
| certificate of registration shall be thirty-five dollars. | 88269 |
| Sec. 4731.38. All vouchers of the state medical board shall | 88270 |
|
be
approved by the
| 88271 |
|
executive | 88272 |
| authorized by the board. | 88273 |
| Sec. 4733.10. The state board of registration for | 88274 |
| professional engineers and surveyors shall prepare annually a | 88275 |
| listing of all registered professional engineers, registered | 88276 |
| professional surveyors, and firms that possess a certificate of | 88277 |
| authorization. The board shall provide a copy of this listing upon | 88278 |
| request to registrants of the board and to firms possessing a | 88279 |
| certificate of authorization without charge and to the public upon | 88280 |
| request and payment of copy costs. | 88281 |
| Additionally, the board shall issue an official verification | 88282 |
| of the status of any person registered as a professional engineer | 88283 |
| or professional surveyor in this state upon receipt of a | 88284 |
| verification form and the payment of a fee established by the | 88285 |
| board. | 88286 |
| Sec. 4734.25. A license to practice chiropractic from the | 88287 |
|
state chiropractic
board expires | 88288 |
| 88289 | |
| rules adopted under this section and may be renewed. The renewal | 88290 |
| process shall be conducted in accordance with the standard renewal | 88291 |
| procedures of Chapter 4745. of the Revised Code, except that the | 88292 |
| board's executive director shall notify each license holder of the | 88293 |
| license renewal requirements of this section not later than sixty | 88294 |
| days prior to the license's expiration date. When an application | 88295 |
| for renewal is submitted, the applicant shall provide the | 88296 |
| information necessary to process the application and pay a renewal | 88297 |
|
fee | 88298 |
| in rules adopted under this section. | 88299 |
| Before a renewal of license is issued by the board, the | 88300 |
| licensee shall furnish the board with satisfactory evidence that | 88301 |
| the licensee has completed during the current licensing period not | 88302 |
| less than the number of hours of continuing education that the | 88303 |
| board requires in rules adopted under this section. For an | 88304 |
| activity to be applied toward the continuing education | 88305 |
| requirement, the activity must meet the board's approval as a | 88306 |
| continuing education activity, as specified in rules adopted under | 88307 |
| this section. Any exception from the continuing education | 88308 |
| requirement must be approved by the board. | 88309 |
| Failure
of a
licensee to comply with this section | 88310 |
| 88311 | |
| 88312 | |
| the right of the licensee to practice chiropractic in this state. | 88313 |
| A forfeited license may be reinstated by the board upon payment of | 88314 |
|
all fees due and a penalty fee | 88315 |
| amount the board specifies in rules adopted under this section for | 88316 |
| reinstatement, in addition to satisfying the board of having | 88317 |
| complied with the continuing education requirements of this | 88318 |
| section. If an individual's license has been forfeited for two or | 88319 |
| more years, the board may also require as a condition of | 88320 |
| reinstatement that the individual complete training or testing as | 88321 |
| specified by the board. | 88322 |
| The board shall adopt any rules it considers necessary to | 88323 |
| implement this section, including standards for approval of | 88324 |
| continuing education in the practice of chiropractic. All rules | 88325 |
| adopted under this section shall be adopted in accordance with | 88326 |
| Chapter 119. of the Revised Code. | 88327 |
| Sec. 4735.06. (A) Application for a license as a real estate | 88328 |
| broker shall be made to the superintendent of real estate on forms | 88329 |
| furnished by the superintendent and filed with the superintendent | 88330 |
| and shall be signed by the applicant or its members or officers. | 88331 |
| Each application shall state the name of the person applying and | 88332 |
| the location of the place of business for which the license is | 88333 |
| desired, and give such other information as the superintendent | 88334 |
| requires in the form of application prescribed by the | 88335 |
| superintendent. | 88336 |
| If the applicant is a partnership, limited liability company, | 88337 |
| limited liability partnership, or association, the names of all | 88338 |
| the members also shall be stated, and, if the applicant is a | 88339 |
| corporation, the names of its president and of each of its | 88340 |
| officers also shall be stated. The superintendent has the right to | 88341 |
| reject the application of any partnership, association, limited | 88342 |
| liability company, limited liability partnership, or corporation | 88343 |
| if the name proposed to be used by such partnership, association, | 88344 |
| limited liability company, limited liability partnership, or | 88345 |
| corporation is likely to mislead the public or if the name is not | 88346 |
| such as to distinguish it from the name of any existing | 88347 |
| partnership, association, limited liability company, limited | 88348 |
| liability partnership, or corporation licensed under this chapter, | 88349 |
| unless there is filed with the application the written consent of | 88350 |
| such existing partnership, association, limited liability company, | 88351 |
| limited liability partnership, or corporation, executed by a duly | 88352 |
| authorized representative of it, permitting the use of the name of | 88353 |
| such existing partnership, association, limited liability company, | 88354 |
| limited liability partnership, or corporation. | 88355 |
| (B) A fee of | 88356 |
| the application for a real estate broker's license, which fee | 88357 |
| includes the fee for the initial year of the licensing period, if | 88358 |
| a license is issued. The application fee shall be retained by the | 88359 |
| superintendent if the applicant is admitted to the examination for | 88360 |
| the license or the examination requirement is waived, but, if an | 88361 |
| applicant is not so admitted and a waiver is not involved, | 88362 |
| one-half of the fee shall be retained by the superintendent to | 88363 |
| cover the expenses of processing the application and the other | 88364 |
|
one-half shall be returned to the
applicant. A fee
of | 88365 |
| one hundred dollars shall be charged by the superintendent for | 88366 |
| each successive application made by an applicant. In the case of | 88367 |
| issuance of a three-year license, upon passing the examination, | 88368 |
| or upon waiver of the examination requirement, if the | 88369 |
| superintendent determines it is necessary, the applicant shall | 88370 |
| submit an additional fee determined by the superintendent based | 88371 |
| upon the number of years remaining in a real estate salesperson's | 88372 |
| licensing period. | 88373 |
| (C) | 88374 |
| real estate broker's license shall be credited to the real estate | 88375 |
| education and research fund, which is hereby created in the state | 88376 |
| treasury. The Ohio real estate commission may use the fund in | 88377 |
| discharging the duties prescribed in divisions (E), (F), (G), and | 88378 |
| (H) of section 4735.03 of the Revised Code and shall use it in the | 88379 |
| advancement of education and research in real estate at any | 88380 |
| institution of higher education in the state, or in contracting | 88381 |
| with any such institution or a trade organization for a particular | 88382 |
| research or educational project in the field of real estate, or in | 88383 |
| advancing loans, not exceeding eight hundred dollars, to | 88384 |
| applicants for salesperson licenses, to defray the costs of | 88385 |
| satisfying the educational requirements of division (F) of section | 88386 |
| 4735.09 of the Revised Code. Such loans shall be made according to | 88387 |
| rules established by the commission under the procedures of | 88388 |
| Chapter 119. of the Revised Code, and they shall be repaid to the | 88389 |
| fund within three years of the time they are made. No more than | 88390 |
| ten thousand dollars shall be lent from the fund in any one year. | 88391 |
| The governor may appoint a representative from the executive | 88392 |
| branch to be a member ex officio of the commission for the purpose | 88393 |
| of advising on research requests or educational projects. The | 88394 |
| commission shall report to the general assembly on the third | 88395 |
| Tuesday after the third Monday in January of each year setting | 88396 |
| forth the total amount contained in the fund and the amount of | 88397 |
| each research grant that it has authorized and the amount of each | 88398 |
| research grant requested. A copy of all research reports shall be | 88399 |
| submitted to the state library of Ohio and the library of the | 88400 |
| legislative service commission. | 88401 |
| (D) If the superintendent, with the consent of the | 88402 |
| commission, enters into an agreement with a national testing | 88403 |
| service to administer the real estate broker's examination, | 88404 |
| pursuant to division (A) of section 4735.07 of the Revised Code, | 88405 |
| the superintendent may require an applicant to pay the testing | 88406 |
| service's examination fee directly to the testing service. If the | 88407 |
| superintendent requires the payment of the examination fee | 88408 |
| directly to the testing service, each applicant shall submit to | 88409 |
| the superintendent a processing fee in an amount determined by the | 88410 |
| Ohio real estate commission pursuant to division (A)(2) of section | 88411 |
| 4735.10 of the Revised Code. | 88412 |
| Sec. 4735.09. (A) Application for a license as a real estate | 88413 |
| salesperson shall be made to the superintendent of real estate on | 88414 |
| forms furnished by the superintendent and signed by the applicant. | 88415 |
| The application shall be in the form prescribed by the | 88416 |
| superintendent and shall contain such information as is required | 88417 |
| by this chapter and the rules of the Ohio real estate commission. | 88418 |
| The application shall be accompanied by the recommendation of the | 88419 |
| real estate broker with whom the applicant is associated or with | 88420 |
| whom the applicant intends to be associated, certifying that the | 88421 |
| applicant is honest, truthful, and of good reputation, has not | 88422 |
| been convicted of a felony or a crime involving moral turpitude, | 88423 |
| and has not been finally adjudged by a court to have violated any | 88424 |
| municipal, state, or federal civil rights laws relevant to the | 88425 |
| protection of purchasers or sellers of real estate, which | 88426 |
| conviction or adjudication the applicant has not disclosed to the | 88427 |
| superintendent, and recommending that the applicant be admitted to | 88428 |
| the real estate salesperson examination. | 88429 |
| (B) A fee of | 88430 |
| application, which fee includes the fee for the initial year of | 88431 |
| the licensing period, if a license is issued. The application | 88432 |
| fee shall be retained by the superintendent if the applicant is | 88433 |
| admitted to the examination for the license or the examination | 88434 |
| requirement is waived, but, if an applicant is not so admitted | 88435 |
| and a waiver is not involved, one-half of the fee shall be | 88436 |
| retained by the superintendent to cover the expenses of processing | 88437 |
| the application and the other one-half shall be returned to the | 88438 |
|
applicant. A fee of
| 88439 |
| the superintendent for each successive application made by the | 88440 |
|
applicant.
| 88441 |
| be credited to the real estate education and research fund. | 88442 |
| (C) There shall be no limit placed on the number of times an | 88443 |
| applicant may retake the examination. | 88444 |
| (D) The superintendent, with the consent of the commission, | 88445 |
| may enter into an agreement with a recognized national testing | 88446 |
| service to administer the real estate salesperson's examination | 88447 |
| under the superintendent's supervision and control, consistent | 88448 |
| with the requirements of this chapter as to the contents of the | 88449 |
| examination. | 88450 |
| If the superintendent, with the consent of the commission, | 88451 |
| enters into an agreement with a national testing service to | 88452 |
| administer the real estate salesperson's examination, the | 88453 |
| superintendent may require an applicant to pay the testing | 88454 |
| service's examination fee directly to the testing service. If the | 88455 |
| superintendent requires the payment of the examination fee | 88456 |
| directly to the testing service, each applicant shall submit to | 88457 |
| the superintendent a processing fee in an amount determined by the | 88458 |
| Ohio real estate commission pursuant to division (A)(1) of section | 88459 |
| 4735.10 of the Revised Code. | 88460 |
| (E) The superintendent shall issue a real estate | 88461 |
| salesperson's license when satisfied that the applicant has | 88462 |
| received a passing score on each portion of the salesperson's | 88463 |
| examination as determined by rule by the real estate commission, | 88464 |
| except that the superintendent may waive one or more of the | 88465 |
| requirements of this section in the case of an applicant who is a | 88466 |
| licensed real estate salesperson in another state pursuant to a | 88467 |
| reciprocity agreement with the licensing authority of the state | 88468 |
| from which the applicant holds a valid real estate salesperson's | 88469 |
| license. | 88470 |
| (F) No applicant for a salesperson's license shall take the | 88471 |
| salesperson's examination who has not established to the | 88472 |
| satisfaction of the superintendent that the applicant: | 88473 |
| (1) Is honest, truthful, and of good reputation; | 88474 |
| (2)(a) Has not been convicted of a felony or crime of moral | 88475 |
| turpitude or, if the applicant has been so convicted, the | 88476 |
| superintendent has disregarded the conviction because the | 88477 |
| applicant has proven to the superintendent, by a preponderance of | 88478 |
| the evidence, that the applicant's activities and employment | 88479 |
| record since the conviction show that the applicant is honest, | 88480 |
| truthful, and of good reputation, and there is no basis in fact | 88481 |
| for believing that the applicant again will violate the laws | 88482 |
| involved; | 88483 |
| (b) Has not been finally adjudged by a court to have violated | 88484 |
| any municipal, state, or federal civil rights laws relevant to the | 88485 |
| protection of purchasers or sellers of real estate or, if the | 88486 |
| applicant has been so adjudged, at least two years have passed | 88487 |
| since the court decision and the superintendent has disregarded | 88488 |
| the adjudication because the applicant has proven, by a | 88489 |
| preponderance of the evidence, that the applicant is honest, | 88490 |
| truthful, and of good reputation, and there is no basis in fact | 88491 |
| for believing that the applicant again will violate the laws | 88492 |
| involved. | 88493 |
| (3) Has not, during any period in which the applicant was | 88494 |
| licensed under this chapter, violated any provision of, or any | 88495 |
| rule adopted pursuant to this chapter, or, if the applicant has | 88496 |
| violated such provision or rule, has established to the | 88497 |
| satisfaction of the superintendent that the applicant will not | 88498 |
| again violate such provision or rule; | 88499 |
| (4) Is at least eighteen years of age; | 88500 |
| (5) If born after the year 1950, has a high school diploma or | 88501 |
| its equivalent as recognized by the state department of education; | 88502 |
| (6)(a) If beginning instruction prior to August 1, 2001, has | 88503 |
| successfully completed at an institution of higher education all | 88504 |
| of the following: | 88505 |
| (i) Thirty hours of classroom instruction in real estate | 88506 |
| practice; | 88507 |
| (ii) Thirty hours of classroom instruction that includes the | 88508 |
| subjects of Ohio real estate law, municipal, state, and federal | 88509 |
| civil rights law, new case law on housing discrimination, | 88510 |
| desegregation issues, and methods of eliminating the effects of | 88511 |
| prior discrimination. If feasible, the classroom instruction in | 88512 |
| Ohio real estate law shall be taught by a member of the faculty of | 88513 |
| an accredited law school. If feasible, the classroom instruction | 88514 |
| in municipal, state, and federal civil rights law, new case law on | 88515 |
| housing discrimination, desegregation issues, and methods of | 88516 |
| eliminating the effects of prior discrimination shall be taught by | 88517 |
| a staff member of the Ohio civil rights commission who is | 88518 |
| knowledgeable with respect to those subjects. The requirements of | 88519 |
| this division do not apply to an applicant who is admitted to | 88520 |
| practice before the supreme court. | 88521 |
| (iii) Thirty hours of classroom instruction in real estate | 88522 |
| appraisal; | 88523 |
| (iv) Thirty hours of classroom instruction in real estate | 88524 |
| finance. | 88525 |
| (b) Any person who has not been licensed as a real estate | 88526 |
| salesperson or broker within a four-year period immediately | 88527 |
| preceding the person's current application for the salesperson's | 88528 |
| examination shall have successfully completed the classroom | 88529 |
| instruction required by division (F)(6)(a) of this section within | 88530 |
| a ten-year period immediately preceding the person's current | 88531 |
| application for the salesperson's examination. | 88532 |
| (7) If beginning instruction, as determined by the | 88533 |
| superintendent, on or after August 1, 2001, has successfully | 88534 |
| completed at an institution of higher education all of the | 88535 |
| following: | 88536 |
| (a) Forty hours of classroom instruction in real estate | 88537 |
| practice; | 88538 |
| (b) Forty hours of classroom instruction that includes the | 88539 |
| subjects of Ohio real estate law, municipal, state, and federal | 88540 |
| civil rights law, new case law on housing discrimination, | 88541 |
| desegregation issues, and methods of eliminating the effects of | 88542 |
| prior discrimination. If feasible, the classroom instruction in | 88543 |
| Ohio real estate law shall be taught by a member of the faculty of | 88544 |
| an accredited law school. If feasible, the classroom instruction | 88545 |
| in municipal, state, and federal civil rights law, new case law on | 88546 |
| housing discrimination, desegregation issues, and methods of | 88547 |
| eliminating the effects of prior discrimination shall be taught by | 88548 |
| a staff member of the Ohio civil rights commission who is | 88549 |
| knowledgeable with respect to those subjects. The requirements of | 88550 |
| this division do not apply to an applicant who is admitted to | 88551 |
| practice before the supreme court. | 88552 |
| (c) Twenty hours of classroom instruction in real estate | 88553 |
| appraisal; | 88554 |
| (d) Twenty hours of classroom instruction in real estate | 88555 |
| finance. | 88556 |
| (G) No later than twelve months after the date of issue of a | 88557 |
| real estate salesperson license to a licensee, the licensee shall | 88558 |
| submit proof satisfactory to the superintendent, on forms made | 88559 |
| available by the superintendent, of completion, at an institution | 88560 |
| of higher education or any other institution approved by the | 88561 |
| commission, of ten hours of classroom instruction in real estate | 88562 |
| courses that cover current issues regarding consumers, real | 88563 |
| estate practice, ethics, and real estate law. | 88564 |
| If proof of completion of the required instruction is not | 88565 |
| submitted within twelve months of the date a license is issued | 88566 |
| under this section, the licensee's license is suspended | 88567 |
| automatically without the taking of any action by the | 88568 |
| superintendent. The superintendent immediately shall notify the | 88569 |
| broker with whom such salesperson is associated of the suspension | 88570 |
| of the salesperson's license. A salesperson whose license has been | 88571 |
| suspended under this division shall have twelve months after the | 88572 |
| date of the suspension of the salesperson's license to submit | 88573 |
| proof of successful completion of the instruction required under | 88574 |
| this division. No such license shall be reactivated by the | 88575 |
| superintendent until it is established, to the satisfaction of the | 88576 |
| superintendent, that the requirements of this division have been | 88577 |
| met and that the licensee is in compliance with this chapter. A | 88578 |
| licensee's license is revoked automatically without the taking of | 88579 |
| any action by the superintendent when the licensee fails to submit | 88580 |
| the required proof of completion of the education requirements | 88581 |
| under division (G) of this section within twelve months of the | 88582 |
| date the license is suspended. | 88583 |
| (H) Examinations shall be administered with reasonable | 88584 |
| accommodations in accordance with the requirements of the | 88585 |
| "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 | 88586 |
| U.S.C. 12101. The contents of an examination shall be consistent | 88587 |
| with the classroom instructional requirements of division (F)(6) | 88588 |
| or (7) of this section. An applicant who has completed the | 88589 |
| classroom instructional requirements of division (F)(6) or (7) of | 88590 |
| this section at the time of application shall be examined no later | 88591 |
| than twelve months after the applicant is notified of the | 88592 |
| applicant's admission to the examination. | 88593 |
| Sec. 4735.12. (A) The real estate recovery fund is hereby | 88594 |
| created in the state treasury, to be administered by the | 88595 |
| superintendent of real estate. Amounts collected by the | 88596 |
| superintendent as prescribed in this section and interest earned | 88597 |
| on the assets of the fund shall be credited by the treasurer of | 88598 |
| state to the fund. The amount of money in the fund shall be | 88599 |
| ascertained by the superintendent as of the first day of July of | 88600 |
| each year. | 88601 |
| The commission, in accordance with rules adopted under | 88602 |
| division (A)(2)(g) of section 4735.10 of the Revised Code, shall | 88603 |
| impose a special assessment not to exceed ten dollars per year for | 88604 |
| each year of a licensing period on each licensee filing a notice | 88605 |
| of renewal under section 4735.14 of the Revised Code if the amount | 88606 |
|
available in the fund is
less than
| 88607 |
| thousand dollars on the first day of July preceding that filing. | 88608 |
| The commission may impose a special assessment not to exceed five | 88609 |
| dollars per year for each year of a licensing period if the | 88610 |
| amount available in the fund is greater than one million dollars, | 88611 |
| but less than two million dollars on the first day of July | 88612 |
| preceding that filing. The commission shall not impose a special | 88613 |
| assessment if the amount available in the fund exceeds two million | 88614 |
| dollars on the first day of July preceding that filing. | 88615 |
| (B)(1) Any person who obtains a final judgment in any court | 88616 |
| of competent jurisdiction against any broker or salesperson | 88617 |
| licensed under this chapter, on the grounds of conduct that is in | 88618 |
| violation of this chapter or the rules adopted under it, and that | 88619 |
| is associated with an act or transaction that only a licensed real | 88620 |
| estate broker or licensed real estate salesperson is authorized to | 88621 |
| perform as specified in division (A) or (C) of section 4735.01 of | 88622 |
| the Revised Code, may file a verified application, as described in | 88623 |
|
division (B)(3)
of this section, in | 88624 |
| of Franklin county for an order directing payment out of the real | 88625 |
| estate recovery fund of the portion of the judgment that remains | 88626 |
| unpaid and that represents the actual and direct loss sustained by | 88627 |
| the applicant. | 88628 |
| (2) Punitive damages, attorney's fees, and interest on a | 88629 |
| judgment are not recoverable from the fund. In the discretion of | 88630 |
| the superintendent of real estate, court costs may be recovered | 88631 |
| from the fund, and, if the superintendent authorizes the recovery | 88632 |
| of court costs, the order of the court of common pleas then may | 88633 |
| direct their payment from the fund. | 88634 |
| (3) The application shall specify the nature of the act or | 88635 |
| transaction upon which the underlying judgment was based, the | 88636 |
| activities of the applicant in pursuit of remedies available under | 88637 |
| law for the collection of judgments, and the actual and direct | 88638 |
| losses, attorney's fees, and the court costs sustained or incurred | 88639 |
| by the applicant. The applicant shall attach to the application a | 88640 |
| copy of each pleading and order in the underlying court action. | 88641 |
| (4) The court shall order the superintendent to make such | 88642 |
| payments out of the fund when the person seeking the order has | 88643 |
| shown all of the following: | 88644 |
| (a) The person has obtained a judgment, as provided in this | 88645 |
| division; | 88646 |
| (b) All appeals from the judgment have been exhausted and the | 88647 |
| person has given notice to the superintendent, as required by | 88648 |
| division (C) of this section; | 88649 |
| (c) The person is not a spouse of the judgment debtor, or the | 88650 |
| personal representative of such spouse; | 88651 |
| (d) The person has diligently pursued the person's remedies | 88652 |
| against all the judgment debtors and all other persons liable to | 88653 |
| the person in the transaction for which the person seeks recovery | 88654 |
| from the fund; | 88655 |
| (e) The person is making the person's application not more | 88656 |
| than one year after termination of all proceedings, including | 88657 |
| appeals, in connection with the judgment. | 88658 |
| (5) Divisions (B)(1) to (4) of this section do not apply to | 88659 |
| any of the following: | 88660 |
| (a) Actions arising from property management accounts | 88661 |
| maintained in the name of the property owner; | 88662 |
| (b) A bonding company when it is not a principal in a real | 88663 |
| estate transaction; | 88664 |
| (c) A person in an action for the payment of a commission or | 88665 |
| fee for the performance of an act or transaction specified or | 88666 |
| comprehended in division (A) or (C) of section 4735.01 of the | 88667 |
| Revised Code; | 88668 |
| (d) Losses incurred by investors in real estate if the | 88669 |
| applicant and the licensee are principals in the investment. | 88670 |
| (C) A person who applies to a court of common pleas for an | 88671 |
| order directing payment out of the fund shall file notice of the | 88672 |
| application with the superintendent. The superintendent may defend | 88673 |
| any such action on behalf of the fund and shall have recourse to | 88674 |
| all appropriate means of defense and review, including examination | 88675 |
| of witnesses, verification of actual and direct losses, and | 88676 |
| challenges to the underlying judgment required in division | 88677 |
| (B)(4)(a) of this section to determine whether the underlying | 88678 |
| judgment is based on activity only a licensed broker or licensed | 88679 |
| salesperson is permitted to perform. The superintendent may move | 88680 |
| the court at any time to dismiss the application when it appears | 88681 |
| there are no triable issues and the application is without merit. | 88682 |
| The motion may be supported by affidavit of any person having | 88683 |
| knowledge of the facts and may be made on the basis that the | 88684 |
| application, including the judgment referred to in it, does not | 88685 |
| form the basis for a meritorious recovery claim; provided, that | 88686 |
| the superintendent shall give written notice to the applicant at | 88687 |
| least ten days before such motion. The superintendent may, subject | 88688 |
| to court approval, compromise a claim based upon the application | 88689 |
| of an aggrieved party. The superintendent shall not be bound by | 88690 |
| any prior compromise or stipulation of the judgment debtor. | 88691 |
| (D) Notwithstanding any other provision of this section, the | 88692 |
| liability of the fund shall not exceed forty thousand dollars for | 88693 |
| any one licensee. If a licensee's license is reactivated as | 88694 |
| provided in division (E) of this section, the liability of the | 88695 |
| fund for the licensee under this section shall again be forty | 88696 |
| thousand dollars, but only for transactions that occur subsequent | 88697 |
| to the time of reactivation. | 88698 |
| If the forty-thousand-dollar liability of the fund is | 88699 |
| insufficient to pay in full the valid claims of all aggrieved | 88700 |
| persons by whom claims have been filed against any one licensee, | 88701 |
| the forty thousand dollars shall be distributed among them in the | 88702 |
| ratio that their respective claims bear to the aggregate of valid | 88703 |
| claims or in such other manner as the court finds equitable. | 88704 |
| Distribution of moneys shall be among the persons entitled to | 88705 |
| share in it, without regard to the order of priority in which | 88706 |
| their respective judgments may have been obtained or their claims | 88707 |
| have been filed. Upon petition of the superintendent, the court | 88708 |
| may require all claimants and prospective claimants against one | 88709 |
| licensee to be joined in one action, to the end that the | 88710 |
| respective rights of all such claimants to the fund may be | 88711 |
| equitably adjudicated and settled. | 88712 |
| (E) If the superintendent pays from the fund any amount in | 88713 |
| settlement of a claim or toward satisfaction of a judgment against | 88714 |
| a licensed broker or salesperson, the license of the broker or | 88715 |
| salesperson shall be automatically suspended upon the date of | 88716 |
| payment from the fund. The superintendent shall not reactivate the | 88717 |
| suspended license of that broker or salesperson until the broker | 88718 |
| or salesperson has repaid in full, plus interest per annum at the | 88719 |
| rate specified in division (A) of section 1343.03 of the Revised | 88720 |
| Code, the amount paid from the fund on the broker's or | 88721 |
| salesperson's account. A discharge in bankruptcy does not relieve | 88722 |
| a person from the suspension and requirements for reactivation | 88723 |
| provided in this section unless the underlying judgment has been | 88724 |
| included in the discharge and has not been reaffirmed by the | 88725 |
| debtor. | 88726 |
| (F) If, at any time, the money deposited in the fund is | 88727 |
| insufficient to satisfy any duly authorized claim or portion of a | 88728 |
| claim, the superintendent shall, when sufficient money has been | 88729 |
| deposited in the fund, satisfy such unpaid claims or portions, in | 88730 |
| the order that such claims or portions were originally filed, plus | 88731 |
| accumulated interest per annum at the rate specified in division | 88732 |
| (A) of section 1343.03 of the Revised Code. | 88733 |
| (G) When, upon the order of the court, the superintendent has | 88734 |
| paid from the fund any sum to the judgment creditor, the | 88735 |
| superintendent shall be subrogated to all of the rights of the | 88736 |
| judgment creditor to the extent of the amount so paid, and the | 88737 |
| judgment creditor shall assign all the judgment creditor's right, | 88738 |
| title, and interest in the judgment to the superintendent to the | 88739 |
| extent of the amount so paid. Any amount and interest so recovered | 88740 |
| by the superintendent on the judgment shall be deposited in the | 88741 |
| fund. | 88742 |
| (H) Nothing contained in this section shall limit the | 88743 |
| authority of the superintendent to take disciplinary action | 88744 |
| against any licensee under other provisions of this chapter; nor | 88745 |
| shall the repayment in full of all obligations to the fund by any | 88746 |
| licensee nullify or modify the effect of any other disciplinary | 88747 |
| proceeding brought pursuant to this chapter. | 88748 |
| (I) The superintendent shall collect from the fund a service | 88749 |
| fee in an amount equivalent to the interest rate specified in | 88750 |
| division (A) of section 1343.03 of the Revised Code multiplied by | 88751 |
| the annual interest earned on the assets of the fund, to defray | 88752 |
| the expenses incurred in the administration of the fund. | 88753 |
| Sec. 4735.13. (A) The license of a real estate broker shall | 88754 |
| be prominently displayed in the office or place of business of | 88755 |
| the broker, and no license shall authorize the licensee to do | 88756 |
| business except from the location specified in it. If the broker | 88757 |
| maintains more than one place of business within the state, the | 88758 |
| broker shall apply for and procure a duplicate license for each | 88759 |
| branch office maintained by the broker. Each branch office shall | 88760 |
| be in the charge of a licensed broker or salesperson. The branch | 88761 |
| office license shall be prominently displayed at the branch | 88762 |
| office location. | 88763 |
| (B) The license of each real estate salesperson shall be | 88764 |
| mailed to and remain in the possession of the licensed broker with | 88765 |
| whom the salesperson is or is to be associated until the licensee | 88766 |
| places the license on inactive, voluntary hold, or resigned status | 88767 |
| or until the salesperson leaves the brokerage or is terminated. | 88768 |
| The broker shall keep each salesperson's license in a way that it | 88769 |
| can, and shall on request, be made immediately available for | 88770 |
| public inspection at the office or place of business of the | 88771 |
| broker. Except as provided in divisions (G) and (H) of this | 88772 |
| section, immediately upon the salesperson's leaving the | 88773 |
| association or termination of the association of a real estate | 88774 |
| salesperson with the broker, the broker shall return the | 88775 |
| salesperson's license to the superintendent of real estate. | 88776 |
| The failure of a broker to return the license of a real | 88777 |
| estate salesperson or broker who leaves or who is terminated, via | 88778 |
| certified mail return receipt requested, within three business | 88779 |
| days of the receipt of a written request from the superintendent | 88780 |
| for the return of the license, is prima-facie evidence of | 88781 |
| misconduct under division (A)(6) of section 4735.18 of the Revised | 88782 |
| Code. | 88783 |
| (C) Any licensee who is convicted of a felony or a crime | 88784 |
| involving moral turpitude or of violating any federal, state, or | 88785 |
| municipal civil rights law pertaining to discrimination in | 88786 |
| housing, or any court that issues a finding of an unlawful | 88787 |
| discriminatory practice pertaining to housing accommodations | 88788 |
| described in division (H) of section 4112.02 of the Revised Code | 88789 |
| or that convicts a licensee of a violation of any municipal civil | 88790 |
| rights law pertaining to housing discrimination, shall notify the | 88791 |
| superintendent of the conviction or finding within fifteen days. | 88792 |
| If a licensee fails to notify the superintendent within the | 88793 |
| required time, the superintendent immediately may revoke the | 88794 |
| license of the licensee. | 88795 |
| Any court that convicts a licensee of a violation of any | 88796 |
| municipal civil rights law pertaining to housing discrimination | 88797 |
| also shall notify the Ohio civil rights commission within fifteen | 88798 |
| days of the conviction. | 88799 |
| (D) In case of any change of business location, a broker | 88800 |
| shall give notice in writing to the superintendent, whereupon the | 88801 |
| superintendent shall issue new licenses for the unexpired period | 88802 |
| without charge. If a broker changes a business location without | 88803 |
| giving the required notice and without receiving new licenses | 88804 |
| that action is prima-facie evidence of misconduct under division | 88805 |
| (A)(6) of section 4735.18 of the Revised Code. | 88806 |
| (E) If a real estate broker desires to associate with another | 88807 |
| real estate broker in the capacity of a real estate salesperson, | 88808 |
| the broker shall apply to the superintendent to deposit the | 88809 |
| broker's real estate broker's license with the superintendent and | 88810 |
| for the issuance of a real estate salesperson's license. The | 88811 |
| application shall be made on a form prescribed by the | 88812 |
| superintendent and shall be accompanied by the recommendation of | 88813 |
| the real estate broker with whom the applicant intends to become | 88814 |
| associated and a fee of twenty-five dollars for the real estate | 88815 |
|
salesperson's license. | 88816 |
| credited to the real estate education and research fund. If the | 88817 |
| superintendent is satisfied that the applicant is honest, | 88818 |
| truthful, and of good reputation, has not been convicted of a | 88819 |
| felony or a crime involving moral turpitude, and has not been | 88820 |
| finally adjudged by a court to have violated any municipal, state, | 88821 |
| or federal civil rights laws relevant to the protection of | 88822 |
| purchasers or sellers of real estate, and that the association of | 88823 |
| the real estate broker and the applicant will be in the public | 88824 |
| interest, the superintendent shall grant the application and issue | 88825 |
| a real estate salesperson's license to the applicant. Any license | 88826 |
| so deposited with the superintendent shall be subject to this | 88827 |
| chapter. A broker who intends to deposit the broker's license with | 88828 |
| the superintendent, as provided in this section, shall give | 88829 |
| written notice of this fact in a format prescribed by the | 88830 |
| superintendent to all salespersons associated with the broker when | 88831 |
| applying to place the broker's license on deposit. | 88832 |
| (F) If a real estate broker desires to become a member or | 88833 |
| officer of a partnership, association, limited liability company, | 88834 |
| limited liability partnership, or corporation that is or intends | 88835 |
| to become a licensed real estate broker, the broker shall notify | 88836 |
| the superintendent of the broker's intentions. The notice of | 88837 |
| intention shall be on a form prescribed by the superintendent and | 88838 |
|
shall be
accompanied by a fee of twenty-five dollars. | 88839 |
| One dollar of the fee shall be credited to the real estate | 88840 |
| education and research fund. | 88841 |
| No real estate broker who is a member or officer of a | 88842 |
| partnership, association, limited liability company, limited | 88843 |
| liability partnership, or corporation that is a licensed real | 88844 |
| estate broker shall perform any acts as a real estate broker | 88845 |
| other than as the agent of the partnership, association, limited | 88846 |
| liability company, limited liability partnership, or corporation, | 88847 |
| and such broker shall not have any real estate salespersons | 88848 |
| associated with the broker. | 88849 |
| (G) If a real estate broker or salesperson enters the armed | 88850 |
| forces, the broker or salesperson may place the broker's or | 88851 |
| salesperson's license on deposit with the Ohio real estate | 88852 |
| commission. The licensee shall not be required to renew the | 88853 |
| license until the renewal date that follows the date of discharge | 88854 |
| from the armed forces. Any license deposited with the commission | 88855 |
| shall be subject to this chapter. Any licensee whose license is on | 88856 |
| deposit under this division and who fails to meet the continuing | 88857 |
| education requirements of section 4735.141 of the Revised Code | 88858 |
| because the licensee is in the armed forces shall satisfy the | 88859 |
| commission that the licensee has complied with the continuing | 88860 |
| education requirements within twelve months of the licensee's | 88861 |
| discharge. The commission shall notify the licensee of the | 88862 |
| licensee's obligations under section 4735.141 of the Revised Code | 88863 |
| at the time the licensee applies for reactivation of the | 88864 |
| licensee's license. | 88865 |
| (H) If a licensed real estate salesperson submits an | 88866 |
| application to the superintendent to leave the association of one | 88867 |
| broker to associate with a different broker, the broker possessing | 88868 |
| the licensee's license need not return the salesperson's license | 88869 |
| to the superintendent. The superintendent may process the | 88870 |
| application regardless of whether the licensee's license is | 88871 |
| returned to the superintendent. | 88872 |
| Sec. 4735.15. (A) The fees for reactivation or transfer of | 88873 |
| a license shall be as follows: | 88874 |
| (1) Reactivation or transfer of a broker's license into or | 88875 |
| out of a partnership, association, limited liability company, | 88876 |
| limited liability partnership, or corporation or from one | 88877 |
| partnership, association, limited liability company, limited | 88878 |
| liability partnership, or corporation to another partnership, | 88879 |
| association, limited liability company, limited liability | 88880 |
| partnership, or corporation, twenty-five dollars. An application | 88881 |
| for such transfer shall be made to the superintendent of real | 88882 |
| estate on forms provided by the superintendent. | 88883 |
| (2) Reactivation or transfer of a license by a real estate | 88884 |
|
salesperson,
| 88885 |
| (B) Except as may otherwise be specified pursuant to division | 88886 |
| (F) of this section, the nonrefundable fees for a branch office | 88887 |
| license, license renewal, late filing, and foreign real estate | 88888 |
| dealer and salesperson license are as follows per year for each | 88889 |
| year of a licensing period: | 88890 |
| (1) Branch office license, | 88891 |
| (2) Renewal of a real
estate broker's license, | 88892 |
| sixty dollars. If the licensee is a partnership, association, | 88893 |
| limited liability company, limited liability partnership, or | 88894 |
| corporation, the full broker's renewal fee shall be required for | 88895 |
| each member of such partnership, association, limited liability | 88896 |
| company, limited liability partnership, or corporation that is a | 88897 |
| real estate broker. If the real estate broker has not less than | 88898 |
| eleven nor more than twenty real estate salespersons associated | 88899 |
| with the broker, an additional fee of sixty-four dollars shall be | 88900 |
| assessed to the brokerage. For every additional ten real estate | 88901 |
| salespersons or fraction of that number, the brokerage assessment | 88902 |
| fee shall be increased in the amount of thirty-seven dollars. | 88903 |
| (3) Renewal of a real estate salesperson's license, | 88904 |
| 88905 |
| (4) Renewal of a real estate broker's or salesperson's | 88906 |
| license filed within twelve months after the licensee's renewal | 88907 |
| date, an additional late filing penalty of fifty per cent of the | 88908 |
| required fee; | 88909 |
| (5) Foreign real estate dealer's license and each renewal of | 88910 |
| the license, thirty dollars per salesperson employed by the | 88911 |
| dealer, but not less than one hundred fifty dollars; | 88912 |
| (6) Foreign real estate salesperson's license and each | 88913 |
| renewal of the license, fifty dollars. | 88914 |
| (C) All fees collected under this section shall be paid to | 88915 |
|
the
treasurer of state. | 88916 |
| shall be credited to the real estate education and research fund, | 88917 |
| except that for fees that are assessed only once every three | 88918 |
|
years,
| 88919 |
| credited to the real estate education and research fund. | 88920 |
| (D) In all cases, the fee and any penalty shall accompany the | 88921 |
| application for the license, license transfer, or license | 88922 |
| reactivation or shall accompany the filing of the renewal. | 88923 |
| (E) The commission may establish by rule reasonable fees for | 88924 |
| services not otherwise established by this chapter. | 88925 |
| (F) The commission may adopt rules that provide for a | 88926 |
| reduction in the fees established in divisions (B)(2) and (3) of | 88927 |
| this section. | 88928 |
| Sec. 4740.03. (A) The administrative section of the Ohio | 88929 |
| construction industry licensing board annually shall elect from | 88930 |
| among its members a chairperson and other officers as the board, | 88931 |
| by rule, designates. The chairperson shall preside over meetings | 88932 |
| of the administrative section or designate another member to | 88933 |
| preside in the chairperson's absence. The administrative section | 88934 |
| shall hold at least two regular meetings each year, but may meet | 88935 |
| at additional times as specified by rule, at the call of the | 88936 |
| chairperson, or upon the request of two or more members. A | 88937 |
| majority of the members of the administrative section constitutes | 88938 |
| a quorum for the transaction of all business. The administrative | 88939 |
| section may not take any action without the concurrence of at | 88940 |
| least three of its members. | 88941 |
| (B)(1) The administrative section shall employ a secretary, | 88942 |
| who is not a member of the board, to serve at the pleasure of the | 88943 |
| administrative section, and shall fix the compensation of the | 88944 |
| secretary. The secretary shall be in the unclassified civil | 88945 |
| service of the state. | 88946 |
| (2) The secretary shall do all of the following: | 88947 |
| (a) Keep or set standards for and delegate to another person | 88948 |
| the keeping of the minutes, books, and other records and files of | 88949 |
| the board and each section of the board; | 88950 |
| (b) Issue all licenses in the name of the board; | 88951 |
| (c) Send out all notices, including advance notices of | 88952 |
| meetings of the board and each section of the board, and attend to | 88953 |
| all correspondence of the board and each section of the board, | 88954 |
| under the direction of the administrative section; | 88955 |
| (d) Receive and deposit all fees payable pursuant to this | 88956 |
|
chapter into the | 88957 |
| created pursuant to section 121.084 of the Revised Code; | 88958 |
| (e) Perform all other duties incidental to the office of the | 88959 |
| secretary or properly assigned to the secretary by the | 88960 |
| administrative section of the board. | 88961 |
| (3) Before entering upon the discharge of the duties of the | 88962 |
| secretary, the secretary shall file with the treasurer of state a | 88963 |
| bond in the sum of five thousand dollars, payable to the state, to | 88964 |
| ensure the faithful performance of the secretary's duties. The | 88965 |
| board shall pay the premium of the bond in the same manner as it | 88966 |
| pays other expenditures of the board. | 88967 |
| (C) Upon the request of the administrative section of the | 88968 |
| board, the director of commerce shall supply the board and its | 88969 |
| sections with personnel, office space, and supplies, as the | 88970 |
| director determines appropriate. The administrative section of the | 88971 |
| board shall employ any additional staff it considers necessary and | 88972 |
| appropriate. | 88973 |
| (D) The chairperson of the board or the secretary, or both, | 88974 |
| as authorized by the board, shall approve all vouchers of the | 88975 |
| board. | 88976 |
| Sec. 4740.11. The Ohio construction industry licensing board | 88977 |
| and its sections shall deposit all receipts and fines collected | 88978 |
| under this chapter into the state treasury to the credit of the | 88979 |
| 88980 | |
| 121.084 of the Revised Code. | 88981 |
| Sec. 4740.14. (A) There is hereby created within the | 88982 |
| department of commerce the residential construction advisory | 88983 |
| committee consisting of nine persons the director of commerce | 88984 |
| appoints. Of the advisory committee's members, three shall be | 88985 |
| general contractors who have recognized ability and experience in | 88986 |
| the construction of residential buildings, two shall be building | 88987 |
| officials who have experience administering and enforcing a | 88988 |
| residential building code, one, chosen from a list of three names | 88989 |
| the Ohio fire chief's association submits, shall be from the fire | 88990 |
| service certified as a fire safety inspector who has at least ten | 88991 |
| years of experience enforcing fire or building codes, one shall be | 88992 |
| a residential contractor who has recognized ability and experience | 88993 |
| in the remodeling and construction of residential buildings, one | 88994 |
| shall be an architect registered pursuant to Chapter 4703. of the | 88995 |
| Revised Code, with recognized ability and experience in the | 88996 |
| architecture of residential buildings, and one, chosen from a list | 88997 |
| of three names the Ohio municipal league submits to the director, | 88998 |
| shall be a mayor of a municipal corporation in which the Ohio | 88999 |
| residential building code is being enforced in the municipal | 89000 |
| corporation by a certified building department. | 89001 |
| (B) The director shall make appointments to the advisory | 89002 |
| committee within ninety days after May 27, 2005. Terms of office | 89003 |
| shall be for three years, with each term ending on the date three | 89004 |
| years after the date of appointment. Each member shall hold office | 89005 |
| from the date of appointment until the end of the term for which | 89006 |
| the member was appointed. The director shall fill a vacancy in the | 89007 |
| manner provided for initial appointments. Any member appointed to | 89008 |
| fill a vacancy in an unexpired term shall hold office for the | 89009 |
| remainder of that term. | 89010 |
| (C) The advisory committee shall do all of the following: | 89011 |
| (1) Recommend to the board of building standards a building | 89012 |
| code for residential buildings. The committee shall recommend a | 89013 |
| code that it models on a residential building code a national | 89014 |
| model code organization issues, with adaptations necessary to | 89015 |
| implement the code in this state. If the board of building | 89016 |
| standards decides not to adopt a code the committee recommends, | 89017 |
| the committee shall revise the code and resubmit it until the | 89018 |
| board adopts a code the committee recommends as the state | 89019 |
| residential building code; | 89020 |
| (2) Provide the board with any rule the committee recommends | 89021 |
| to update or amend the state residential building code or to | 89022 |
| update or amend rules that the board adopts pursuant to division | 89023 |
| (E) of section 3781.10 of the Revised Code that relate to the | 89024 |
| certification of entities that enforce the state residential | 89025 |
| building code; | 89026 |
| (3) Advise the board regarding the establishment of standards | 89027 |
| for certification of building officials who enforce the state | 89028 |
| residential building code; | 89029 |
| | 89030 |
| to residential contractors and building officials who enforce the | 89031 |
| state residential building code; | 89032 |
| | 89033 |
| state residential building code; | 89034 |
| | 89035 |
| necessary; | 89036 |
| (7) Provide the board with a written report of the | 89037 |
| committee's findings for each consideration required by division | 89038 |
| (D) of this section; | 89039 |
| (8) Provide the board with any rule the committee recommends | 89040 |
| regarding the state residential building code or relating to the | 89041 |
| certification of entities that enforce the state residential | 89042 |
| building code after receiving a petition as described in division | 89043 |
| (A)(2) of section 3781.12 of the Revised Code. | 89044 |
| (D) | 89045 |
|
to the board pursuant to
| 89046 |
|
and (8) of this section | 89047 |
| 89048 |
| (1) The impact that the state residential building code may | 89049 |
| have upon the health, safety, and welfare of the public; | 89050 |
| (2) The economic reasonableness of the residential building | 89051 |
| code; | 89052 |
| (3) The technical feasibility of the residential building | 89053 |
| code; | 89054 |
| (4) The financial impact that the residential building code | 89055 |
| may have on the public's ability to purchase affordable housing. | 89056 |
| (E) Members of the advisory committee shall receive no salary | 89057 |
| for the performance of their duties as members, but shall receive | 89058 |
| their actual and necessary expenses incurred in the performance of | 89059 |
| their duties as members of the advisory committee and shall | 89060 |
| receive a per diem for each day in attendance at an official | 89061 |
|
meeting of the committee, to be paid from the | 89062 |
| 89063 | |
| collected in connection with residential buildings pursuant to | 89064 |
| division (F)(2) of section 3781.102 of the Revised Code and | 89065 |
| deposited in that fund. | 89066 |
| (F) The advisory committee is not subject to divisions (A) | 89067 |
| and (B) of section 101.84 of the Revised Code. | 89068 |
| Sec. 4741.41. There is hereby created the veterinarian loan | 89069 |
|
repayment program. Under the program, the | 89070 |
| state veterinary medical licensing board, by means of a contract | 89071 |
| entered into under section 4741.44 of the Revised Code, may agree | 89072 |
| to repay all or part of the principal and interest of a government | 89073 |
| or other educational loan taken out by a veterinarian for the | 89074 |
| following expenses if the expenses were incurred while the | 89075 |
| veterinarian was enrolled, for a maximum of four years, in a | 89076 |
| veterinary college in the United States that, during the time of | 89077 |
|
enrollment, was approved by the | 89078 |
| board or accredited by the American veterinary medical | 89079 |
| association: | 89080 |
| (A) Tuition; | 89081 |
| (B) Other educational expenses, such as fees, books, and | 89082 |
| laboratory expenses, for specific purposes and in amounts | 89083 |
|
determined to be reasonable by the | 89084 |
| 89085 |
| (C) Room and board, in an amount determined to be reasonable | 89086 |
|
by the | 89087 |
| No repayment shall exceed twenty thousand dollars in any | 89088 |
| year. If, however, a repayment results in an increase in the | 89089 |
| veterinarian's federal, state, or local income tax liability, the | 89090 |
| 89091 | |
| 89092 | |
| may reimburse the veterinarian for the increased tax liability | 89093 |
| regardless of the amount of the repayment made to the veterinarian | 89094 |
| in that year. | 89095 |
| Sec. 4741.44. (A) A veterinarian who has signed a letter of | 89096 |
|
intent under section 4741.43 of the Revised Code | 89097 |
|
veterinary medical licensing board | 89098 |
| may enter into a contract for the veterinarian's participation in | 89099 |
| the veterinarian loan repayment program. A lending institution | 89100 |
| also may be a party to the contract. | 89101 |
| (B) The contract shall include all of the following | 89102 |
| obligations: | 89103 |
| (1) The veterinarian agrees to provide large animal | 89104 |
| veterinary services or to provide veterinary services necessary to | 89105 |
| implement or enforce the law or to protect public health, as | 89106 |
| applicable, in a veterinary resource shortage area identified in | 89107 |
| the letter of intent for at least two years or one year per ten | 89108 |
| thousand dollars of repayment agreed to under division (B)(3) of | 89109 |
| this section, whichever is greater. | 89110 |
| (2) When providing veterinary services in the veterinary | 89111 |
| resource shortage area, the veterinarian agrees to do both of the | 89112 |
| following: | 89113 |
| (a) Provide veterinary services for a minimum of forty hours | 89114 |
| per week; | 89115 |
| (b) Devote not less than sixty per cent of total monthly | 89116 |
| veterinary services to large animal veterinary services or | 89117 |
| veterinary services necessary to implement or enforce the law or | 89118 |
| to protect public health, as applicable. | 89119 |
| (3) The | 89120 |
| licensing board agrees, as provided in section 4741.41 of the | 89121 |
| Revised Code, to repay, so long as the veterinarian performs the | 89122 |
| service obligation agreed to under division (B)(1) of this | 89123 |
| section, all or part of the principal and interest of a government | 89124 |
| or other educational loan taken by the veterinarian for expenses | 89125 |
| described in section 4741.41 of the Revised Code. | 89126 |
| (4) The veterinarian agrees to pay the | 89127 |
| state veterinary medical licensing board the following as damages | 89128 |
| if the veterinarian fails to complete the service obligation | 89129 |
| agreed to under division (B)(1) of this section: | 89130 |
| (a) If the failure occurs during the first two years of the | 89131 |
| service obligation, two times the total amount the board has | 89132 |
| agreed to pay under division (B)(3) of this section; | 89133 |
| (b) If the failure occurs after the first two years of the | 89134 |
| service obligation, two times the total amount the board is still | 89135 |
| obligated to repay under division (B)(3) of this section. | 89136 |
| (C) The contract may include any other terms agreed upon by | 89137 |
|
the parties, including an assignment to the | 89138 |
| state veterinary medical licensing board of the veterinarian's | 89139 |
| duty to pay the principal and interest of a government or other | 89140 |
| educational loan taken by the veterinarian for expenses described | 89141 |
|
in section 4741.41 of the Revised Code. If the | 89142 |
| 89143 | |
| veterinarian's duty to pay a loan, the contract shall set forth | 89144 |
| the total amount of principal and interest to be paid, an | 89145 |
| amortization schedule, and the amount of each payment to be made | 89146 |
| under the schedule. | 89147 |
| (D) Not later than the thirty-first day of January each year, | 89148 |
|
the | 89149 |
| to whom or on whose behalf repayment is made under section | 89150 |
| 4741.41 of the Revised Code a statement showing the amount of | 89151 |
|
principal and interest repaid by
the | 89152 |
| in the preceding year pursuant to the contract. The statement | 89153 |
| shall be sent by ordinary mail with address correction and | 89154 |
| forwarding requested in the manner prescribed by the United | 89155 |
| States postal service. | 89156 |
| Sec. 4741.45. The state veterinary medical licensing board, | 89157 |
| in accordance with Chapter 119. of the Revised Code, shall adopt | 89158 |
| rules that do all of the following: | 89159 |
| (A) Define "large animal veterinary services," "veterinary | 89160 |
| services necessary to implement or enforce the law," and | 89161 |
| "veterinary services necessary to protect public health"; | 89162 |
| (B) Designate veterinary resource shortage areas comprised of | 89163 |
| areas in this state that have limited access to each of the | 89164 |
| following: | 89165 |
| (1) Large animal veterinary services; | 89166 |
| (2) Veterinary services necessary to implement or enforce the | 89167 |
| law; | 89168 |
| (3) Veterinary services necessary to protect public health. | 89169 |
| The designations may apply to a geographic area, one or more | 89170 |
| facilities within a particular area, or a population group of | 89171 |
| animals within a particular area. | 89172 |
| (C) Establish priorities among veterinary resource shortage | 89173 |
| areas for use in recruiting veterinarians under the veterinarian | 89174 |
| loan repayment program; | 89175 |
| (D) Establish priorities for use in determining eligibility | 89176 |
| among applicants for participation in the veterinarian loan | 89177 |
| repayment program; | 89178 |
| (E) Establish any other requirement or procedure that is | 89179 |
| necessary to implement and administer sections 4741.40 to 4741.47 | 89180 |
| of the Revised Code. | 89181 |
| In adopting the rules, the board shall consult with the state | 89182 |
|
veterinarian | 89183 |
| Sec. 4741.46. (A) The state veterinary medical licensing | 89184 |
| board may accept gifts of money from any source for the | 89185 |
| implementation and administration of sections 4741.40 to 4741.45 | 89186 |
| of the Revised Code. The board shall deposit all gifts so accepted | 89187 |
| into the state treasury to the credit of the veterinary resource | 89188 |
| shortage area fund, which is hereby created. The board shall use | 89189 |
| the fund for the implementation and administration of sections | 89190 |
| 4741.40 to 4741.45 of the Revised Code. | 89191 |
| (B) The | 89192 |
|
from any source for the | 89193 |
| 89194 | |
|
repayment program created in section 4741.41 | 89195 |
| Revised Code. The board shall deposit all gifts so accepted | 89196 |
| together with all damages collected under division (B)(4) of | 89197 |
| section 4741.44 of the Revised Code into the state treasury to the | 89198 |
| credit of the veterinarian loan repayment fund, which is hereby | 89199 |
| created. The fund also shall consist of the portion of biennial | 89200 |
| renewal fees that is credited to the fund under section 4741.17 of | 89201 |
| the Revised Code. The board shall use the fund for the | 89202 |
| implementation and administration of the veterinarian loan | 89203 |
|
repayment program | 89204 |
| Sec. 4755.06. The occupational therapy section of the Ohio | 89205 |
| occupational therapy, physical therapy, and athletic trainers | 89206 |
| board may make reasonable rules in accordance with Chapter 119. of | 89207 |
| the Revised Code relating to, but not limited to, the following: | 89208 |
| (A) The form and manner for filing applications for licensure | 89209 |
| under sections 4755.04 to 4755.13 of the Revised Code; | 89210 |
| (B) The issuance, suspension, and revocation of the | 89211 |
| licenses and the conducting of investigations and hearings; | 89212 |
| (C) Standards for approval of courses of study relative to | 89213 |
| the practice of occupational therapy; | 89214 |
| (D) The time and form of examination for the licensure; | 89215 |
| (E) Standards of ethical conduct in the practice of | 89216 |
| occupational therapy; | 89217 |
| (F) The form and manner for filing applications for renewal | 89218 |
| and a schedule of deadlines for renewal; | 89219 |
| (G) | 89220 |
| a licensee who files a late application for renewal will be | 89221 |
| reinstated; | 89222 |
| (H) Placing an existing license in escrow; | 89223 |
| (I) The amount, scope, and nature of continuing education | 89224 |
|
activities required for license renewal, including waivers | 89225 |
| 89226 | |
| 89227 | |
|
education | 89228 |
|
(J) | 89229 |
| (K) Requirements for criminal records checks of applicants | 89230 |
| under section 4776.03 of the Revised Code; | 89231 |
| (L) The amounts to be charged for the fees specified in | 89232 |
| section 4755.12 of the Revised Code; | 89233 |
| (M) The establishment of fees under division (A)(9) of | 89234 |
| section 4755.12 of the Revised Code and the amounts to be charged | 89235 |
| for the fees. | 89236 |
| The section may hear testimony in matters relating to the | 89237 |
| duties imposed upon it, and the chairperson and secretary of the | 89238 |
| section may administer oaths. The section may require proof, | 89239 |
| beyond the evidence found in the application, of the honesty, | 89240 |
| truthfulness, and good reputation of any person named in an | 89241 |
|
application for | 89242 |
| an examination or issuing a license. | 89243 |
| Sec. 4755.12. (A) The occupational therapy section of the | 89244 |
| Ohio occupational therapy, physical therapy, and athletic trainers | 89245 |
|
board shall charge | 89246 |
| (1) A nonrefundable examination fee, | 89247 |
| 89248 | |
|
time of application for licensure | 89249 |
| | 89250 |
| (2) An application fee for an initial license; | 89251 |
| (3) An initial licensure fee | 89252 |
| 89253 |
| | 89254 |
| (4) A fee for biennial renewal | 89255 |
| license; | 89256 |
| (5) A fee for late renewal of a license; | 89257 |
| (6) An appropriate fee for the administrative costs | 89258 |
| associated with the review of continuing education activities; | 89259 |
| (7) A fee for a limited permit | 89260 |
| (8) A fee for verification of a license; | 89261 |
| (9) Any other fee the occupational therapy section considers | 89262 |
|
appropriate and establishes in rules adopted under
section | 89263 |
| 4755.06 of the Revised Code. | 89264 |
| (B) Any person who is qualified to practice occupational | 89265 |
| therapy as certified by the section, but who is not in the active | 89266 |
| practice, as defined by section rule, may register with the | 89267 |
|
section as a nonactive licensee at a biennial fee | 89268 |
| 89269 |
| (C) The section may, by rule, provide for the waiver of all | 89270 |
| or part of a fee when the license is issued less than one hundred | 89271 |
| days before the date on which it will expire. | 89272 |
| (D) Except when all or part of a fee is waived under division | 89273 |
| (C) of this section, the amount charged by the occupational | 89274 |
| therapy section for each of its fees shall be the applicable | 89275 |
| amount determined in rules adopted under section 4755.06 of the | 89276 |
| Revised Code. | 89277 |
| Sec. 4757.10. The counselor, social worker, and marriage and | 89278 |
| family therapist board may adopt any rules necessary to carry out | 89279 |
| this chapter. | 89280 |
| The board shall adopt rules that do all of the following: | 89281 |
| (A) Concern intervention for and treatment of any impaired | 89282 |
| person holding a license or certificate of registration issued | 89283 |
| under this chapter; | 89284 |
| (B) Establish standards for training and experience of | 89285 |
| supervisors described in division (C) of section 4757.30 of the | 89286 |
| Revised Code; | 89287 |
| (C) Define the requirement that an applicant be of good moral | 89288 |
| character in order to be licensed or registered under this | 89289 |
| chapter; | 89290 |
| (D) Establish requirements for criminal records checks of | 89291 |
| applicants under section 4776.03 of the Revised Code; | 89292 |
| (E) Establish a graduated system of fines based on the scope | 89293 |
| and severity of violations and the history of compliance, not to | 89294 |
| exceed five hundred dollars per incident, that any professional | 89295 |
| standards committee of the board may charge for a disciplinary | 89296 |
| violation described in section 4757.36 of the Revised Code. | 89297 |
| All rules adopted under this section shall be adopted in | 89298 |
| accordance with Chapter 119. of the Revised Code. When it adopts | 89299 |
| rules under this section or any other section of this chapter, the | 89300 |
| board may consider standards established by any national | 89301 |
| association or other organization representing the interests of | 89302 |
| those involved in professional counseling, social work, or | 89303 |
| marriage and family therapy. | 89304 |
| Sec. 4757.31. (A) Subject to division (B) of this section, | 89305 |
| the counselor, social worker, and marriage and family therapist | 89306 |
| board shall establish, and may from time to time adjust, fees to | 89307 |
| be charged for the following: | 89308 |
| (1) Examination for licensure as a professional clinical | 89309 |
| counselor, professional counselor, marriage and family therapist, | 89310 |
| independent marriage and family therapist, social worker, or | 89311 |
| independent social worker; | 89312 |
| (2) Initial licenses of professional clinical counselors, | 89313 |
| professional counselors, marriage and family therapists, | 89314 |
| independent marriage and family therapists, social workers, and | 89315 |
| independent social workers, except that the board shall charge | 89316 |
| only one fee to a person who fulfills all requirements for more | 89317 |
| than one of the following initial licenses: an initial license as | 89318 |
| a social worker or independent social worker, an initial license | 89319 |
| as a professional counselor or professional clinical counselor, | 89320 |
| and an initial license as a marriage and family therapist or | 89321 |
| independent marriage and family therapist; | 89322 |
| (3) Initial certificates of registration of social work | 89323 |
| assistants; | 89324 |
| (4) Renewal and late renewal of licenses of professional | 89325 |
| clinical counselors, professional counselors, marriage and family | 89326 |
| therapists, independent marriage and family therapists, social | 89327 |
| workers, and independent social workers and renewal and late | 89328 |
| renewal of certificates of registration of social work assistants; | 89329 |
| (5) Verification, to another jurisdiction, of a license or | 89330 |
| registration issued by the board; | 89331 |
| (6) Continuing education programs offered by the board to | 89332 |
| licensees or registrants. | 89333 |
| (B) The fees charged under division (A)(1) of this section | 89334 |
| shall be established in amounts sufficient to cover the direct | 89335 |
| expenses incurred in examining applicants for licensure. The fees | 89336 |
|
charged
under divisions (A)(2) | 89337 |
| section shall be nonrefundable and shall be established in amounts | 89338 |
| sufficient to cover the necessary expenses in administering this | 89339 |
| chapter and rules adopted under it that are not covered by fees | 89340 |
| charged under division (A)(1) or (C) of this section. The renewal | 89341 |
| fee for a license or certificate of registration shall not be less | 89342 |
| than the initial fee for that license or certificate. The fees | 89343 |
| charged for licensure and registration and the renewal of | 89344 |
| licensure and registration may differ for the various types of | 89345 |
| licensure and registration, but shall not exceed one hundred | 89346 |
| twenty-five dollars each, unless the board determines that amounts | 89347 |
| in excess of one hundred twenty-five dollars are needed to cover | 89348 |
| its necessary expenses in administering this chapter and rules | 89349 |
| adopted under it and the amounts in excess of one hundred | 89350 |
| twenty-five dollars are approved by the controlling board. | 89351 |
| (C) All receipts of the board shall be deposited in the state | 89352 |
| treasury to the credit of the occupational licensing and | 89353 |
| regulatory fund. All vouchers of the board shall be approved by | 89354 |
| the chairperson or executive director of the board, or both, as | 89355 |
| authorized by the board. | 89356 |
| Sec. 4757.36. (A) The appropriate professional standards | 89357 |
| 89358 | |
| and family therapist board may, in accordance with Chapter 119. of | 89359 |
|
the Revised
Code, | 89360 |
| 89361 | |
| 89362 | |
| 89363 | |
| 89364 | |
| 89365 | |
| 89366 | |
| 89367 | |
| 89368 | |
| any action specified in division (B) of this section against an | 89369 |
| individual who has applied for or holds a license to practice as a | 89370 |
| professional clinical counselor, professional counselor, | 89371 |
| independent marriage and family therapist, marriage and family | 89372 |
| therapist, social worker, or independent social worker, or a | 89373 |
| certificate of registration to practice as a social work | 89374 |
| assistant, for any reason described in division (C) of this | 89375 |
| section. | 89376 |
| (B) In its imposition of sanctions against an individual, the | 89377 |
| board may do any of the following: | 89378 |
| (1) Refuse to issue a license or certificate of registration; | 89379 |
| (2) Suspend, revoke, or otherwise restrict a license or | 89380 |
| certificate of registration; | 89381 |
| (3) Reprimand an individual holding a license or certificate | 89382 |
| of registration; | 89383 |
| (4) Impose a fine in accordance with the graduated system of | 89384 |
| fines established by the board in rules adopted under section | 89385 |
| 4757.10 of the Revised Code. | 89386 |
| (C) The appropriate professional standards committee of the | 89387 |
| board may take an action specified in division (B) of this section | 89388 |
| for any of the following reasons: | 89389 |
| (1) | 89390 |
| violates any provision of this chapter or rules adopted under it; | 89391 |
| (2) Knowingly | 89392 |
| for licensure or registration, or for renewal of a license or | 89393 |
| certificate of registration; | 89394 |
| (3) | 89395 |
| persons to any professionals licensed, certified, or registered by | 89396 |
| any court or board, commission, department, division, or other | 89397 |
| agency of the state, including, but not limited to, individuals | 89398 |
| practicing counseling, social work, or marriage and family therapy | 89399 |
| or practicing in fields related to counseling, social work, or | 89400 |
| marriage and family therapy; | 89401 |
| (4) | 89402 |
| Revised Code; | 89403 |
| (5) | 89404 |
|
of | 89405 |
| (6) | 89406 |
| professional clinical counselor, professional counselor, | 89407 |
| independent marriage and family therapist, marriage and family | 89408 |
| therapist, social work assistant, social worker, or independent | 89409 |
|
social worker | 89410 |
| any other physical or mental condition; | 89411 |
| (7) | 89412 |
| state of a misdemeanor committed in the course of practice as a | 89413 |
| professional clinical counselor, professional counselor, | 89414 |
| independent marriage and family therapist, marriage and family | 89415 |
| therapist, social work assistant, social worker, or independent | 89416 |
| social worker; | 89417 |
| (8) | 89418 |
| applicable to that person; | 89419 |
| (9) | 89420 |
| of the supervision requirements specified under sections 4757.21 | 89421 |
| and 4757.26, and division (F) of section 4757.30, of the Revised | 89422 |
| Code; | 89423 |
| (10) | 89424 |
| practice adopted by rule of the board pursuant to section 4757.11 | 89425 |
| of the Revised Code; | 89426 |
| (11) | 89427 |
|
of registration | 89428 |
| the voluntary surrender of a license or certificate of | 89429 |
| registration in another state or jurisdiction for an offense that | 89430 |
| would be a violation of this chapter. | 89431 |
| | 89432 |
| revocation of a license or certificate of registration under this | 89433 |
| section, application may be made to the appropriate professional | 89434 |
| standards committee for reinstatement. The committee may accept or | 89435 |
| refuse an application for reinstatement. If a license has been | 89436 |
| suspended or revoked, the committee may require an examination for | 89437 |
| reinstatement. | 89438 |
| (E) On request of the board, the attorney general shall bring | 89439 |
| and prosecute to judgment a civil action to collect any fine | 89440 |
| imposed under division (B)(4) of this section that remains unpaid. | 89441 |
| (F) All fines collected under division (B)(4) of this section | 89442 |
| shall be deposited into the state treasury to the credit of the | 89443 |
| occupational licensing and regulatory fund. | 89444 |
| Sec. 4763.01. As used in this chapter: | 89445 |
| (A) "Real estate appraisal" or "appraisal" means an analysis, | 89446 |
| opinion, or conclusion relating to the nature, quality, value, or | 89447 |
| utility of specified interests in, or aspects of identified real | 89448 |
| estate that is classified as either a valuation or an analysis. | 89449 |
| (B) "Valuation" means an estimate of the value of real | 89450 |
| estate. | 89451 |
| (C) "Analysis" means a study of real estate for purposes | 89452 |
| other than valuation. | 89453 |
| (D) "Appraisal report" means a written communication of a | 89454 |
| real estate appraisal, appraisal review, or appraisal consulting | 89455 |
| service or an oral communication of a real estate appraisal | 89456 |
| 89457 | |
| that is documented by a writing that supports the oral | 89458 |
| communication. | 89459 |
| (E) "Appraisal assignment" means an engagement for which a | 89460 |
|
person licensed or certified under this chapter is employed | 89461 |
| retained, or engaged to act, or would be perceived by third | 89462 |
| parties or the public as acting, as a disinterested third party in | 89463 |
| rendering an unbiased real estate appraisal. | 89464 |
| (F) "Specialized services" means all appraisal services, | 89465 |
| other than appraisal assignments, including, but not limited to, | 89466 |
| valuation and analysis given in connection with activities such as | 89467 |
| real estate brokerage, mortgage banking, real estate counseling, | 89468 |
| and real estate tax counseling, and specialized marketing, | 89469 |
| financing, and feasibility studies. | 89470 |
| (G) "Real estate" has the same meaning as in section 4735.01 | 89471 |
| of the Revised Code. | 89472 |
| (H) "Appraisal foundation" means a nonprofit corporation | 89473 |
| incorporated under the laws of the state of Illinois on November | 89474 |
| 30, 1987, for the purposes of establishing and improving uniform | 89475 |
| appraisal standards by defining, issuing, and promoting those | 89476 |
| standards; establishing appropriate criteria for the certification | 89477 |
| and recertification of qualified appraisers by defining, issuing, | 89478 |
| and promoting the qualification criteria and disseminating the | 89479 |
| qualification criteria to others; and developing or assisting in | 89480 |
| development of appropriate examinations for qualified appraisers. | 89481 |
| (I) "Prepare" means to develop and communicate, whether | 89482 |
| through a personal physical inspection or through the act or | 89483 |
| process of critically studying a report prepared by another who | 89484 |
| made the physical inspection, an appraisal, analysis, or opinion, | 89485 |
| or specialized service and to report the results. If the person | 89486 |
| who develops and communicates the appraisal or specialized service | 89487 |
| does not make the personal inspection, the name of the person who | 89488 |
| does make the personal inspection shall be identified on the | 89489 |
| appraisal or specialized service reported. | 89490 |
| (J) "Report" means any communication, written, oral, or by | 89491 |
| any other means of transmission of information, of a real estate | 89492 |
| appraisal, appraisal review, appraisal consulting service, or | 89493 |
| specialized service that is transmitted to a client or employer | 89494 |
| upon completion of the appraisal or service. | 89495 |
| (K) "State-certified general real estate appraiser" means any | 89496 |
| person who satisfies the certification requirements of this | 89497 |
| chapter relating to the appraisal of all types of real property | 89498 |
| and who holds a current and valid certificate or renewal | 89499 |
| certificate issued to the person pursuant to this chapter. | 89500 |
| (L) "State-certified residential real estate appraiser" means | 89501 |
| any person who satisfies the certification requirements only | 89502 |
| relating to the appraisal of one to four units of single-family | 89503 |
| residential real estate without regard to transaction value or | 89504 |
| complexity and who holds a current and valid certificate or | 89505 |
| renewal certificate issued to the person pursuant to this chapter. | 89506 |
| (M) "State-licensed residential real estate appraiser" means | 89507 |
| any person who satisfies the licensure requirements of this | 89508 |
| chapter relating to the appraisal of noncomplex one-to-four unit | 89509 |
| single-family residential real estate having a transaction value | 89510 |
| of less than one million dollars and complex one-to-four unit | 89511 |
| single-family residential real estate having a transaction value | 89512 |
| of less than two hundred fifty thousand dollars and who holds a | 89513 |
| current and valid license or renewal license issued to the person | 89514 |
| pursuant to this chapter. | 89515 |
| (N) "Certified or licensed real estate appraisal" means an | 89516 |
| appraisal prepared and reported by a certificate holder or | 89517 |
| licensee under this chapter acting within the scope of | 89518 |
| certification or licensure and as a disinterested third party. | 89519 |
| (O) "State-registered real estate appraiser assistant" means | 89520 |
| any person, other than a state-certified general real estate | 89521 |
| appraiser, state-certified residential real estate appraiser, or a | 89522 |
| state-licensed residential real estate appraiser, who satisfies | 89523 |
| the registration requirements of this chapter for participating in | 89524 |
| the development and preparation of real estate appraisals and who | 89525 |
| holds a current and valid registration or renewal registration | 89526 |
| issued to the person pursuant to this chapter. | 89527 |
| (P) "Institution of higher education" means a state | 89528 |
| university or college, a private college or university located in | 89529 |
| this state that possesses a certificate of authorization issued by | 89530 |
| the Ohio board of regents pursuant to Chapter 1713. of the Revised | 89531 |
| Code, or an accredited college or university located outside this | 89532 |
| state that is accredited by an accrediting organization or | 89533 |
| professional accrediting association recognized by the Ohio board | 89534 |
| of regents. | 89535 |
| (Q) "Division of real estate" may be used interchangeably | 89536 |
| with, and for all purposes has the same meaning as, "division of | 89537 |
| real estate and professional licensing." | 89538 |
| (R) "Superintendent" or "superintendent of real estate" means | 89539 |
| the superintendent of the division of real estate and professional | 89540 |
| licensing of this state. Whenever the division or superintendent | 89541 |
| of real estate is referred to or designated in any statute, rule, | 89542 |
| contract, or other document, the reference or designation shall be | 89543 |
| deemed to refer to the division or superintendent of real estate | 89544 |
| and professional licensing, as the case may be. | 89545 |
| (S) "Appraisal review" means the act or process of developing | 89546 |
| and communicating an opinion about the quality of another | 89547 |
| appraiser's work that was performed as part of an appraisal, | 89548 |
| appraisal review, or appraisal consulting assignment. | 89549 |
| (T) "Appraisal consulting" means the act or process of | 89550 |
| developing an analysis, recommendation, or opinion to solve a | 89551 |
| problem related to real estate. | 89552 |
| (U) "Work file" means documentation used during the | 89553 |
| preparation of an appraisal report or necessary to support an | 89554 |
| appraiser's analyses, opinions, or conclusions. | 89555 |
| Sec. 4763.03. (A) In addition to any other duties imposed on | 89556 |
| the real estate appraiser board under this chapter, the board | 89557 |
| shall: | 89558 |
| (1) Adopt rules, in accordance with Chapter 119. of the | 89559 |
| Revised Code, in furtherance of this chapter, including, but not | 89560 |
| limited to, all of the following: | 89561 |
| (a) Defining, with respect to state-certified general real | 89562 |
| estate appraisers, state-certified residential real estate | 89563 |
| appraisers, and state-licensed residential real estate appraisers, | 89564 |
| the type of educational experience, appraisal experience, and | 89565 |
| other equivalent experience that satisfy the requirements of this | 89566 |
| chapter. The rules shall require that all appraisal experience | 89567 |
| performed after January 1, 1996, meet the uniform standards of | 89568 |
| professional practice established by the appraisal foundation. | 89569 |
| (b) Establishing the examination specifications for | 89570 |
| state-certified general real estate appraisers, state-certified | 89571 |
| residential real estate appraisers, and state-licensed residential | 89572 |
| real estate appraisers; | 89573 |
| (c) Relating to disciplinary proceedings conducted in | 89574 |
| accordance with section 4763.11 of the Revised Code, including | 89575 |
| rules governing the reinstatement of certificates, registrations, | 89576 |
| and licenses that have been suspended pursuant to those | 89577 |
| proceedings; | 89578 |
| (d) Identifying any additional information to be included on | 89579 |
| the forms specified in division (C) of section 4763.12 of the | 89580 |
| Revised Code, provided that the rules shall not require any less | 89581 |
| information than is required in that division; | 89582 |
| (e) Establishing the fees set forth in section 4763.09 of the | 89583 |
| Revised Code; | 89584 |
| (f) Establishing the amount of the assessment required by | 89585 |
| division (A)(2) of section 4763.05 of the Revised Code. The board | 89586 |
| annually shall determine the amount due from each applicant for an | 89587 |
| initial certificate, registration, and license in an amount that | 89588 |
| will maintain the real estate appraiser recovery fund at the level | 89589 |
| specified in division (A) of section 4763.16 of the Revised Code. | 89590 |
| The board may, if the fund falls below that amount, require | 89591 |
| current certificate holders, registrants, and licensees to pay an | 89592 |
| additional assessment. | 89593 |
| (g) Defining the educational requirements pursuant to | 89594 |
| division (C) of section 4763.05 of the Revised Code; | 89595 |
| (h) Establishing a real estate appraiser assistant program | 89596 |
| for the registration of real estate appraiser assistants. | 89597 |
| (2) Prescribe by rule the requirements for the examinations | 89598 |
| required by division (D) of section 4763.05 of the Revised Code; | 89599 |
| (3) Periodically review the standards for | 89600 |
| 89601 | |
| of appraisal reports provided in this chapter and adopt rules | 89602 |
| explaining and interpreting those standards; | 89603 |
| (4) Hear appeals, pursuant to Chapter 119. of the Revised | 89604 |
| Code, from decisions and orders the superintendent of real estate | 89605 |
| issues pursuant to this chapter; | 89606 |
| (5) Request the initiation by the superintendent of | 89607 |
| investigations of violations of this chapter or the rules adopted | 89608 |
| pursuant thereto, as the board determines appropriate; | 89609 |
| (6) Determine the appropriate disciplinary actions to be | 89610 |
| taken against certificate holders, registrants, and licensees | 89611 |
| under this chapter as provided in section 4763.11 of the Revised | 89612 |
| Code. | 89613 |
| (B) In addition to any other duties imposed on the | 89614 |
| superintendent of real estate under this chapter, the | 89615 |
| superintendent shall: | 89616 |
| (1) Prescribe the form and content of all applications | 89617 |
| required by this chapter; | 89618 |
| (2) Receive applications for certifications, registrations, | 89619 |
| and licenses and renewal thereof under this chapter and establish | 89620 |
| the procedures for processing, approving, and disapproving those | 89621 |
| applications; | 89622 |
| (3) Retain records and all application materials submitted to | 89623 |
| the superintendent; | 89624 |
| (4) Establish the time and place for conducting the | 89625 |
| examinations required by division (D) of section 4763.05 of the | 89626 |
| Revised Code; | 89627 |
| (5) Issue certificates, registrations, and licenses and | 89628 |
| maintain a register of the names and addresses of all persons | 89629 |
| issued a certificate, registration, or license under this chapter; | 89630 |
| (6) Perform any other functions and duties, including the | 89631 |
| employment of staff, necessary to administer this chapter; | 89632 |
| (7) Administer this chapter; | 89633 |
| (8) Issue all orders necessary to implement this chapter; | 89634 |
| (9) Investigate complaints, upon the superintendent's own | 89635 |
| motion or upon receipt of a complaint or upon a request of the | 89636 |
| board, concerning any violation of this chapter or the rules | 89637 |
| adopted pursuant thereto or the conduct of any person holding a | 89638 |
| certificate, registration, or license issued pursuant to this | 89639 |
| chapter; | 89640 |
| (10) Establish and maintain an investigation and audit | 89641 |
| section to investigate complaints and conduct inspections, audits, | 89642 |
| and other inquiries as in the judgment of the superintendent are | 89643 |
| appropriate to enforce this chapter. The investigators and | 89644 |
| auditors have the right to review and audit the business records | 89645 |
| of certificate holders, registrants, and licensees during normal | 89646 |
| business hours. The superintendent may utilize the investigators | 89647 |
| and auditors employed pursuant to division (B)(4) of section | 89648 |
| 4735.05 of the Revised Code or currently licensed certificate | 89649 |
| holders or licensees to assist in performing the duties of this | 89650 |
| division. | 89651 |
| (11) Appoint a referee or examiner for any proceeding | 89652 |
|
involving the | 89653 |
| 89654 | |
| action of a certificate holder, licensee, or registrant under | 89655 |
| section 4763.11 of the Revised Code; | 89656 |
| (12) Administer the real estate appraiser recovery fund; | 89657 |
| (13) Conduct the examinations required by division (D) of | 89658 |
| section 4763.05 of the Revised Code at least four times per year. | 89659 |
| (C) The superintendent may do all of the following: | 89660 |
| (1) In connection with investigations and audits under | 89661 |
| division (B) of this section, subpoena witnesses as provided in | 89662 |
| section 4763.04 of the Revised Code; | 89663 |
| (2) Apply to the appropriate court to enjoin any violation of | 89664 |
| this chapter. Upon a showing by the superintendent that any person | 89665 |
| has violated or is about to violate this chapter, the court shall | 89666 |
| grant an injunction, restraining order, or other appropriate | 89667 |
| relief, or any combination thereof. | 89668 |
| (D) All information that is obtained by investigators and | 89669 |
| auditors performing investigations or conducting inspections, | 89670 |
| audits, and other inquiries pursuant to division (B)(10) of this | 89671 |
| section, from certificate holders, registrants, licensees, | 89672 |
| complainants, or other persons, and all reports, documents, and | 89673 |
| other work products that arise from that information and that are | 89674 |
| prepared by the investigators, auditors, or other personnel of the | 89675 |
| department of commerce, shall be held in confidence by the | 89676 |
| superintendent, the investigators and auditors, and other | 89677 |
| personnel of the department. | 89678 |
| (E) This section does not prevent the division of real estate | 89679 |
| and professional licensing from releasing information relating to | 89680 |
| certificate holders, registrants, and licensees to the | 89681 |
| superintendent of financial institutions for purposes relating to | 89682 |
| the administration of sections 1322.01 to 1322.12 of the Revised | 89683 |
| Code, to the superintendent of insurance for purposes relating to | 89684 |
| the administration of Chapter 3953. of the Revised Code, to the | 89685 |
| attorney general, or to local law enforcement agencies and local | 89686 |
| prosecutors. Information released by the division pursuant to this | 89687 |
| section remains confidential. | 89688 |
| (F) Any rule the board adopts shall not exceed the | 89689 |
| requirements specified in federal law or regulations. | 89690 |
| Sec. 4763.04. The real estate appraiser board or the | 89691 |
|
superintendent | 89692 |
| the attendance of witnesses to testify in relation to any matter | 89693 |
| over which the board or the superintendent has jurisdiction and | 89694 |
| which is the subject of the inquiry and investigation by the board | 89695 |
| or superintendent, and require the production of any book, paper, | 89696 |
| or document pertaining to such matter. For such purpose, the board | 89697 |
| or the superintendent has the same power as judges of county | 89698 |
| courts to administer oaths, compel the attendance of witnesses, | 89699 |
|
and punish witnesses for refusal to testify. | 89700 |
| of the subpoena may be made by constables or by certified mail, | 89701 |
| return receipt requested, and the subpoena shall be deemed served | 89702 |
| on the date delivery is made or the date the person refuses to | 89703 |
|
accept delivery. Sheriffs or constables shall | 89704 |
| such process and shall receive the same fees for doing so as are | 89705 |
| allowed for like service if service of the subpoena is made by | 89706 |
| sheriffs or constables. Witnesses shall receive, after their | 89707 |
| appearance before the board or the superintendent, the fees and | 89708 |
| mileage provided for under section 119.094 of the Revised Code. | 89709 |
| If two or more witnesses travel together in the same vehicle, | 89710 |
| the mileage fee shall be paid to only one of those witnesses, | 89711 |
| but the witnesses may agree to divide the fee among themselves | 89712 |
| in any manner. | 89713 |
| In addition to the powers and duties granted to the board and | 89714 |
| the superintendent under this section, in case any person fails to | 89715 |
| file any statement or report, obey any subpoena, give testimony, | 89716 |
| answer questions, or produce books, records, or papers as required | 89717 |
| by the board or the superintendent under this chapter, the court | 89718 |
| of common pleas of any county in the state, upon application made | 89719 |
| to it by the board or the superintendent setting forth the | 89720 |
| failure, may make an order awarding process of subpoena or | 89721 |
| subpoena duces tecum for the person to appear and testify before | 89722 |
| the board or the superintendent, and may order any person to give | 89723 |
| testimony and answer questions, and to produce books, records, or | 89724 |
| papers, as required by the board or the superintendent. Upon the | 89725 |
| filing of such order in the office of the clerk of the court of | 89726 |
| common pleas, the clerk, under the seal of the court, shall issue | 89727 |
| process or subpoena, and each day thereafter until the examination | 89728 |
| of the person is completed. The subpoena may contain a direction | 89729 |
| that the witness bring with the witness to the examination any | 89730 |
| books, records, or papers mentioned in the subpoena. The clerk | 89731 |
| also shall issue, under the seal of the court, such other orders, | 89732 |
| in reference to the examination, appearance, and production of | 89733 |
| books, records, or papers, as the court directs. If any person | 89734 |
| summoned by subpoena fails to obey the subpoena, to give | 89735 |
| testimony, to answer questions as required, or to obey an order of | 89736 |
| the court, the court, on motion supported by proof, may order an | 89737 |
| attachment for contempt to be issued against the person charged | 89738 |
| with disobedience of any order or injunction issued by the court | 89739 |
| under this chapter. If the person is brought before the court by | 89740 |
| virtue of the attachment, and if upon a hearing the disobedience | 89741 |
| appears, the court may order the offender to be committed and kept | 89742 |
| in close custody. | 89743 |
| Sec. 4763.05. (A)(1)(a) A person shall make application for | 89744 |
| an initial state-certified general real estate appraiser | 89745 |
| certificate, an initial state-certified residential real estate | 89746 |
| appraiser certificate, an initial state-licensed residential real | 89747 |
| estate appraiser license, or an initial state-registered real | 89748 |
| estate appraiser assistant registration in writing to the | 89749 |
| superintendent of real estate on a form the superintendent | 89750 |
| prescribes. The application shall include the address of the | 89751 |
| applicant's principal place of business and all other addresses at | 89752 |
| which the applicant currently engages in the business of preparing | 89753 |
| real estate appraisals and the address of the applicant's current | 89754 |
| residence. The superintendent shall retain the applicant's current | 89755 |
| residence address in a separate record which shall not constitute | 89756 |
| a public record for purposes of section 149.03 of the Revised | 89757 |
| Code. The application shall indicate whether the applicant seeks | 89758 |
| certification as a general real estate appraiser or as a | 89759 |
| residential real estate appraiser, licensure as a residential real | 89760 |
| estate appraiser, or registration as a real estate appraiser | 89761 |
| assistant and be accompanied by the prescribed examination and | 89762 |
| certification, registration, or licensure fees set forth in | 89763 |
| section 4763.09 of the Revised Code. The application also shall | 89764 |
|
include | 89765 |
| applicant, that the applicant will comply with the standards set | 89766 |
| forth in this chapter; and a statement that the applicant | 89767 |
| understands the types of misconduct for which disciplinary | 89768 |
| proceedings may be initiated against the applicant pursuant to | 89769 |
| this chapter. | 89770 |
| (b) Upon the filing of an application and payment of any | 89771 |
| examination and certification, registration, or licensure fees, | 89772 |
| the superintendent of real estate shall request the superintendent | 89773 |
| of the bureau of criminal identification and investigation, or a | 89774 |
| vendor approved by the bureau, to conduct a criminal records check | 89775 |
| based on the applicant's fingerprints in accordance with division | 89776 |
| (A)(11) of section 109.572 of the Revised Code. Notwithstanding | 89777 |
| division (K) of section 121.08 of the Revised Code, the | 89778 |
| superintendent of real estate shall request that criminal record | 89779 |
| information from the federal bureau of investigation be obtained | 89780 |
| as part of the criminal records check. Any fee required under | 89781 |
| division (C)(3) of section 109.572 of the Revised Code shall be | 89782 |
| paid by the applicant. | 89783 |
| (2) For purposes of providing funding for the real estate | 89784 |
| appraiser recovery fund established by section 4763.16 of the | 89785 |
| Revised Code, the real estate appraiser board shall levy an | 89786 |
| assessment against each person issued an initial certificate, | 89787 |
| registration, or license and against current licensees, | 89788 |
| registrants, and certificate holders, as required by board rule. | 89789 |
| The assessment is in addition to the application and examination | 89790 |
| fees for initial applicants required by division (A)(1) of this | 89791 |
| section and the renewal fees required for current certificate | 89792 |
| holders, registrants, and licensees. The superintendent of real | 89793 |
| estate shall deposit the assessment into the state treasury to the | 89794 |
| credit of the real estate appraiser recovery fund. The assessment | 89795 |
| for initial certificate holders, registrants, and licensees shall | 89796 |
| be paid prior to the issuance of a certificate, registration, or | 89797 |
| license, and for current certificate holders, registrants, and | 89798 |
| licensees, at the time of renewal. | 89799 |
| (B) An applicant for an initial general real estate appraiser | 89800 |
| certificate, residential real estate appraiser certificate, or | 89801 |
| residential real estate appraiser license shall possess | 89802 |
| experience in real estate appraisal as the board prescribes by | 89803 |
| rule. In addition to any other information required by the board, | 89804 |
| the applicant shall furnish, under oath, a detailed listing of the | 89805 |
| appraisal reports or file memoranda for each year for which | 89806 |
| experience is claimed and, upon request of the superintendent or | 89807 |
| the board, shall make available for examination a sample of the | 89808 |
| appraisal reports prepared by the applicant in the course of the | 89809 |
| applicant's practice. | 89810 |
| (C) An applicant for an initial certificate, registration, or | 89811 |
| license shall be at least eighteen years of age, honest, truthful, | 89812 |
| and of good reputation and shall present satisfactory evidence to | 89813 |
| the superintendent that the applicant has successfully completed | 89814 |
| any education requirements the board prescribes by rule. | 89815 |
| (D) An applicant for an initial general real estate appraiser | 89816 |
| or residential real estate appraiser certificate or residential | 89817 |
| real estate appraiser license shall take and successfully complete | 89818 |
| a written examination in order to qualify for the certificate or | 89819 |
| license. | 89820 |
| The board shall prescribe the examination requirements by | 89821 |
| rule. | 89822 |
| (E)(1) A nonresident, natural person of this state who has | 89823 |
| complied with this section may obtain a certificate, registration, | 89824 |
| or license. The board shall adopt rules relating to the | 89825 |
| certification, registration, and licensure of a nonresident | 89826 |
| applicant whose state of residence the board determines to have | 89827 |
| certification, registration, or licensure requirements that are | 89828 |
| substantially similar to those set forth in this chapter and the | 89829 |
| rules adopted thereunder. | 89830 |
| (2) The board shall recognize on a temporary basis a | 89831 |
| certification or license issued in another state and shall | 89832 |
| register on a temporary basis an appraiser who is certified or | 89833 |
| licensed in another state if all of the following apply: | 89834 |
| (a) The temporary registration is to perform an appraisal | 89835 |
| assignment that is part of a federally related transaction. | 89836 |
| (b) The appraiser's business in this state is of a temporary | 89837 |
| nature. | 89838 |
| (c) The appraiser registers with the board pursuant to this | 89839 |
| division. | 89840 |
| An appraiser who is certified or licensed in another state | 89841 |
| shall register with the board for temporary practice before | 89842 |
| performing an appraisal assignment in this state in connection | 89843 |
| with a federally related transaction. | 89844 |
| The board shall adopt rules relating to registration for the | 89845 |
| temporary recognition of certification and licensure of appraisers | 89846 |
| from another state. The registration for temporary recognition of | 89847 |
| certified or licensed appraisers from another state shall not | 89848 |
| authorize completion of more than one appraisal assignment in this | 89849 |
| state. The board shall not issue more than two registrations for | 89850 |
| temporary practice to any one applicant in any calendar year. | 89851 |
| (3) In addition to any other information required to be | 89852 |
| submitted with the nonresident applicant's or appraiser's | 89853 |
| application for a certificate, registration, license, or temporary | 89854 |
| recognition of a certificate or license, each nonresident | 89855 |
| applicant or appraiser shall submit a statement consenting to the | 89856 |
| service of process upon the nonresident applicant or appraiser by | 89857 |
| means of delivering that process to the secretary of state if, in | 89858 |
| an action against the applicant, certificate holder, registrant, | 89859 |
| or licensee arising from the applicant's, certificate holder's, | 89860 |
| registrant's, or licensee's activities as a certificate holder, | 89861 |
| registrant, or licensee, the plaintiff, in the exercise of due | 89862 |
| diligence, cannot effect personal service upon the applicant, | 89863 |
| certificate holder, registrant, or licensee. | 89864 |
| (F) The superintendent shall not issue a certificate, | 89865 |
| registration, or license to, or recognize on a temporary basis an | 89866 |
| appraiser from another state that is a corporation, partnership, | 89867 |
| or association. This prohibition shall not be construed to prevent | 89868 |
| a certificate holder or licensee from signing an appraisal report | 89869 |
| on behalf of a corporation, partnership, or association. | 89870 |
| (G) Every person licensed, registered, or certified under | 89871 |
| this chapter shall notify the superintendent, on a form provided | 89872 |
| by the superintendent, of a change in the address of the | 89873 |
| licensee's, registrant's, or certificate holder's principal place | 89874 |
| of business or residence within thirty days of the change. If a | 89875 |
| licensee's, registrant's, or certificate holder's license, | 89876 |
| registration, or certificate is revoked or not renewed, the | 89877 |
| licensee, registrant, or certificate holder immediately shall | 89878 |
| return the annual and any renewal certificate, registration, or | 89879 |
| license to the superintendent. | 89880 |
| (H)(1) The superintendent shall not issue a certificate, | 89881 |
| registration, or license to any person, or recognize on a | 89882 |
| temporary basis an appraiser from another state, who does not meet | 89883 |
| applicable minimum criteria for state certification, registration, | 89884 |
| or licensure prescribed by federal law or rule. | 89885 |
| (2) The superintendent shall not issue a general real estate | 89886 |
| appraiser certificate, residential real estate appraiser | 89887 |
| certificate, residential real estate appraiser license, or real | 89888 |
| estate appraiser assistant registration to any person who has been | 89889 |
| convicted of or pleaded guilty to any criminal offense involving | 89890 |
| theft, receiving stolen property, embezzlement, forgery, fraud, | 89891 |
| passing bad checks, money laundering, or drug trafficking, or any | 89892 |
| criminal offense involving money or securities, including a | 89893 |
| violation of an existing or former law of this state, any other | 89894 |
| state, or the United States that substantially is equivalent to | 89895 |
| such an offense. However, if the applicant has pleaded guilty to | 89896 |
| or been convicted of such an offense, the superintendent shall not | 89897 |
| consider the offense if the applicant has proven to the | 89898 |
| superintendent, by a preponderance of the evidence, that the | 89899 |
| applicant's activities and employment record since the conviction | 89900 |
| show that the applicant is honest, truthful, and of good | 89901 |
| reputation, and there is no basis in fact for believing that the | 89902 |
| applicant will commit such an offense again. | 89903 |
| Sec. 4763.07. (A) Every state-certified general real estate | 89904 |
|
appraiser, state-certified residential real estate
appraiser | 89905 |
|
state-licensed residential real estate
appraiser | 89906 |
| 89907 | |
| proof of successfully completing a minimum of fourteen classroom | 89908 |
| hours of continuing education instruction in courses or seminars | 89909 |
| approved by the real estate appraiser board. The certificate | 89910 |
| holder and licensee shall have satisfied the fourteen-hour | 89911 |
| continuing education requirements within the one-year period | 89912 |
| immediately following the issuance of the initial certificate or | 89913 |
| license and shall satisfy those requirements annually thereafter. | 89914 |
| A state-registered real estate appraiser assistant who remains in | 89915 |
| this classification for more than two years shall satisfy in the | 89916 |
| third and successive years this section's requirements. If the | 89917 |
|
certificate holder | 89918 |
| proof to the superintendent of meeting these requirements, the | 89919 |
|
certificate
holder's, registrant's, or licensee's certificate | 89920 |
| license, or registration automatically is suspended. The | 89921 |
|
superintendent shall
notify the certificate holder | 89922 |
|
or registrant of the suspension and
if the certificate holder | 89923 |
| licensee, or registrant fails to submit proof to the | 89924 |
| superintendent of meeting those requirements within three months | 89925 |
| from the date of suspension, the superintendent shall revoke the | 89926 |
|
certificate | 89927 |
| 89928 | |
| registration has been revoked under this division desires to be | 89929 |
|
certified | 89930 |
|
certificate holder | 89931 |
|
initial
certificate | 89932 |
| all of the requirements of section 4763.05 of the Revised Code for | 89933 |
|
the issuance of a certificate | 89934 |
| A certificate
holder | 89935 |
| all or a portion of the required hours of classroom instruction in | 89936 |
| the following manner: | 89937 |
| (1) Completion of an educational program of study determined | 89938 |
| by the board to be equivalent, for continuing education purposes, | 89939 |
| to courses or seminars approved by the board; | 89940 |
| (2) Participation, other than as a student, in educational | 89941 |
| processes or programs approved by the board that relate to real | 89942 |
| estate appraisal theory, practices, or techniques. | 89943 |
| A certificate holder and a licensee shall present to the | 89944 |
| superintendent of real estate evidence of the manner in which the | 89945 |
| certificate holder and licensee satisfied the requirements of | 89946 |
| division (A) of this section. | 89947 |
| (B) The board shall adopt rules for implementing a continuing | 89948 |
| education program for state-certified general real estate | 89949 |
| appraisers, state-certified residential real estate appraisers, | 89950 |
| state-licensed residential real estate appraisers, and | 89951 |
| state-registered real estate appraiser assistants for the purpose | 89952 |
|
of assuring that certificate holders
| 89953 |
| registrants have current knowledge of real estate appraisal | 89954 |
| theories, practices, and techniques that will provide a high | 89955 |
| degree of service and protection to members of the public. In | 89956 |
| addition to any other provisions the board considers appropriate, | 89957 |
| the rules adopted by the board shall prescribe the following: | 89958 |
| (1) Policies and procedures for obtaining board approval of | 89959 |
| courses of instruction and seminars; | 89960 |
| (2) Standards, policies, and procedures to be applied in | 89961 |
| evaluating the alternative methods of complying with continuing | 89962 |
| education requirements set forth in divisions (A)(1) and (2) of | 89963 |
| this section; | 89964 |
| (3) Standards, monitoring methods, and systems for recording | 89965 |
| attendance to be employed by course sponsors as a prerequisite to | 89966 |
| approval of courses for continuing education credit. | 89967 |
| (C) No amendment or rescission of a rule the board adopts | 89968 |
| pursuant to division (B) of this section shall operate to deprive | 89969 |
| a certificate holder or licensee of credit toward renewal of | 89970 |
| certification or licensure for any course of instruction completed | 89971 |
| by the certificate holder or licensee prior to the effective date | 89972 |
| of the amendment or rescission that would have qualified for | 89973 |
| credit under the rule as it existed prior to amendment or | 89974 |
| rescission. | 89975 |
| (D) The superintendent of real estate shall not issue a | 89976 |
| renewal certificate, registration, or license to any person who | 89977 |
| does not meet applicable minimum criteria for state certification, | 89978 |
| registration, or licensure prescribed by federal law or rule. | 89979 |
| Sec. 4763.09. (A) The real estate appraiser board shall | 89980 |
| adopt rules, in accordance with Chapter 119. of the Revised Code, | 89981 |
| for the establishment of the following fees: | 89982 |
| (1) The examination fee required under division (A) of | 89983 |
| section 4763.05 of the Revised Code, up to a maximum of one | 89984 |
| hundred fifty dollars, which fee shall be nonrefundable; | 89985 |
| (2) The initial state-certified general real estate appraiser | 89986 |
| and state-certified residential real estate appraiser | 89987 |
| certification and state-licensed residential real estate appraiser | 89988 |
| license fees, and the annual renewal thereof, up to a maximum of | 89989 |
|
one hundred
| 89990 |
| (3) The initial real estate appraiser assistant registration | 89991 |
|
fee, and the annual renewal thereof, up to a maximum of | 89992 |
| hundred dollars; | 89993 |
| (4) The late filing fee for renewal of a certification, | 89994 |
| registration, or license, which shall be one-half of the | 89995 |
| certification, registration, and licensure fees established | 89996 |
| pursuant to divisions (A)(2) and (3) of this section; | 89997 |
| (5) The amount to be charged to cover the cost of the | 89998 |
| issuance of a temporary certificate or license under division | 89999 |
| (E)(2) of section 4763.05 of the Revised Code; | 90000 |
| (6) Other reasonable fees as needed, including any annual | 90001 |
| pass-through charges imposed by the federal government. | 90002 |
| (B) An applicant for certification or licensure under this | 90003 |
| chapter shall pay the examination fee directly to a testing | 90004 |
| service if so prescribed and in such amount as the superintendent | 90005 |
| of real estate prescribes. The balance, if any, of the examination | 90006 |
| fee shall accompany the application. | 90007 |
| Sec. 4763.11. (A) Within | 90008 |
|
person files a | 90009 |
| certified, registered, or licensed under this chapter with the | 90010 |
| division of real estate, the superintendent of real estate shall | 90011 |
|
acknowledge
receipt of the complaint | 90012 |
| sending notice to the certificate holder, registrant, or licensee | 90013 |
| 90014 | |
| the complaint. The acknowledgement to the complainant and the | 90015 |
|
notice to the certificate holder, registrant, or licensee | 90016 |
| may state that an informal mediation meeting will be held with the | 90017 |
| complainant, the certificate holder, registrant, or licensee, and | 90018 |
| an investigator from the investigation and audit section of the | 90019 |
| division, if the complainant and certificate holder, registrant, | 90020 |
|
or licensee both
file a
request for such a meeting within | 90021 |
| 90022 | |
| 90023 | |
| mailed. | 90024 |
| (B) If the complainant and certificate holder, registrant, or | 90025 |
| licensee both file with the division requests for an informal | 90026 |
| mediation meeting, the superintendent shall notify the complainant | 90027 |
| and certificate holder, registrant, or licensee of the date of the | 90028 |
|
meeting,
| 90029 |
| 90030 | |
| 90031 | |
| 90032 | |
| certificate holder, registrant, or licensee reach an accommodation | 90033 |
|
at an informal mediation meeting, the investigator shall | 90034 |
| the accommodation to the superintendent | 90035 |
| and the certificate holder, registrant, or licensee and the | 90036 |
|
complaint
file shall be
closed | 90037 |
| 90038 | |
| 90039 | |
| 90040 | |
| notice that the accommodation has been fulfilled. | 90041 |
| (C) If the complainant and certificate holder, registrant, or | 90042 |
| licensee fail to agree to an informal mediation meeting or fail to | 90043 |
|
reach an
accommodation | 90044 |
| 90045 | |
| 90046 | |
| 90047 | |
|
accommodation agreement, the superintendent shall | 90048 |
| 90049 | |
| 90050 | |
| the complaint to an investigator for an investigation into the | 90051 |
| conduct of the certificate holder, registrant, or licensee against | 90052 |
| whom the complaint is filed. | 90053 |
| (D) | 90054 |
| 90055 | |
| 90056 | |
| investigator shall file a written report of the results of the | 90057 |
|
investigation with the superintendent.
| 90058 |
| 90059 | |
| determine whether there exists reasonable and substantial evidence | 90060 |
| of a violation of division (G) of this section by the certificate | 90061 |
| holder, registrant, or licensee. If the superintendent finds such | 90062 |
|
evidence exists, | 90063 |
| the superintendent shall notify the complainant and certificate | 90064 |
| holder, registrant, or licensee of the determination. The | 90065 |
| certificate holder, registrant, or licensee may request a hearing | 90066 |
| pursuant to Chapter 119. of the Revised Code. If a formal hearing | 90067 |
| is conducted, the hearing examiner shall file a report of findings | 90068 |
| of fact and conclusions of law with the superintendent, the board, | 90069 |
| the complainant and the certificate holder, licensee, or | 90070 |
| registrant after the conclusion of the formal hearing. Within ten | 90071 |
| calendar days of receipt of the copy of the hearing examiner's | 90072 |
| finding of fact and conclusions of law, the certificate holder, | 90073 |
| licensee, or registrant or the division may file with the board | 90074 |
| written objections to the hearing examiner's report, which shall | 90075 |
| be considered by the board before approving, modifying, or | 90076 |
| rejecting the hearing examiner's report. If the superintendent | 90077 |
|
finds that such evidence does not exist, | 90078 |
| 90079 | |
| certificate holder, registrant, or licensee of that determination | 90080 |
| and the basis for the determination. Within fifteen business days | 90081 |
| after the superintendent notifies the complainant and certificate | 90082 |
| holder, registrant, or licensee that such evidence does not exist, | 90083 |
| the complainant may file with the division a request that the real | 90084 |
| estate appraiser board review the determination. If the | 90085 |
| complainant files such request, the board shall review the | 90086 |
| determination at the next regularly scheduled meeting held at | 90087 |
| least fifteen business days after the request is filed but no | 90088 |
| longer than six months after the request is filed. The board may | 90089 |
| hear the testimony of the complainant, certificate holder, | 90090 |
| registrant, or licensee at the meeting upon the request of that | 90091 |
| party. If the board affirms the determination of the | 90092 |
| superintendent, the superintendent shall notify the complainant | 90093 |
| and the certificate holder, registrant, or licensee within five | 90094 |
| business days thereafter. If the board reverses the determination | 90095 |
| of the superintendent, a hearing before a hearing examiner shall | 90096 |
| be held and the complainant and certificate holder, registrant, or | 90097 |
| licensee notified as provided in this division. | 90098 |
| (E) The board shall review the referee's or hearing | 90099 |
| examiner's report and the evidence at the next regularly scheduled | 90100 |
| board meeting held at least fifteen business days after receipt of | 90101 |
| the referee's or examiner's report. The board may hear the | 90102 |
| testimony of the complainant, certificate holder, registrant, or | 90103 |
| licensee upon request. If the complainant is the Ohio civil | 90104 |
| rights commission, the board shall review the complaint | 90105 |
| (F) If the board determines that a licensee, registrant, or | 90106 |
| certificate holder has violated this chapter for which | 90107 |
| disciplinary action may be taken under division (G) of this | 90108 |
| section, after review of the referee's or examiner's report and | 90109 |
| the evidence as provided in division (E) of this section, the | 90110 |
| board shall order the disciplinary action the board considers | 90111 |
| appropriate, which may include, but is not limited to, any of the | 90112 |
| following: | 90113 |
| (1) Reprimand of the certificate holder, registrant, or | 90114 |
| licensee; | 90115 |
| (2) Imposition of a fine, not exceeding, two thousand five | 90116 |
| hundred dollars per violation; | 90117 |
| (3) Requirement of the completion of additional education | 90118 |
| courses. Any course work imposed pursuant to this section shall | 90119 |
| not count toward continuing education requirements or prelicense | 90120 |
| or precertification requirements set forth in section 4763.05 of | 90121 |
| the Revised Code. | 90122 |
| (4) Suspension of the certificate, registration, or license | 90123 |
| for a specific period of time; | 90124 |
| | 90125 |
| 90126 | |
| 90127 | |
| 90128 | |
| 90129 | |
| 90130 | |
| 90131 | |
| 90132 |
| | 90133 |
| license. | 90134 |
| The decision and order of the board is final, subject to | 90135 |
| review in the manner provided for in Chapter 119. of the Revised | 90136 |
| Code and appeal to any court of common pleas. | 90137 |
| (G) The board shall take any disciplinary action authorized | 90138 |
| by this section against a certificate holder, registrant, or | 90139 |
| licensee who is found to have committed any of the following acts, | 90140 |
| omissions, or violations during the appraiser's certification, | 90141 |
| registration, or licensure: | 90142 |
| (1) Procuring or attempting to procure a certificate, | 90143 |
| registration, or license pursuant to this chapter by knowingly | 90144 |
| making a false statement, submitting false information, refusing | 90145 |
| to provide complete information in response to a question in an | 90146 |
| application for certification, registration, or licensure, or by | 90147 |
| any means of fraud or misrepresentation; | 90148 |
| (2) Paying, or attempting to pay, anything of value, other | 90149 |
| than the fees or assessments required by this chapter, to any | 90150 |
| member or employee of the board for the purpose of procuring a | 90151 |
| certificate, registration, or license; | 90152 |
| (3) Being convicted in a criminal proceeding for a felony or | 90153 |
| a crime involving moral turpitude; | 90154 |
| (4) Dishonesty, fraud, or misrepresentation, with the intent | 90155 |
| to either benefit the certificate holder, registrant, or licensee | 90156 |
| or another person or injure another person; | 90157 |
| (5) Violation of any of the standards for the development
| 90158 |
|
preparation, communication, or reporting of | 90159 |
| an appraisal report set forth in this chapter and rules of the | 90160 |
| board; | 90161 |
| (6) Failure or refusal to exercise reasonable diligence in | 90162 |
|
developing | 90163 |
|
report | 90164 |
| (7) Negligence or incompetence in developing | 90165 |
|
preparing, communicating, or reporting an appraisal report | 90166 |
| 90167 |
| (8) | 90168 |
| 90169 |
| (9) Accepting an appraisal assignment where the employment is | 90170 |
| contingent upon the appraiser preparing or reporting a | 90171 |
| predetermined estimate, analysis, or opinion, or where the fee to | 90172 |
| be paid for the appraisal is contingent upon the opinion, | 90173 |
| conclusion, or valuation attained or upon the consequences | 90174 |
| resulting from the appraisal assignment; | 90175 |
| (10) Violating the confidential nature of governmental | 90176 |
| records to which the certificate holder, registrant, or licensee | 90177 |
| gained access through employment or engagement as an appraiser by | 90178 |
| a governmental agency; | 90179 |
| (11) Entry of final judgment against the certificate holder, | 90180 |
| registrant, or licensee on the grounds of fraud, deceit, | 90181 |
| misrepresentation, or gross negligence in the making of any | 90182 |
| appraisal of real estate; | 90183 |
| (12) Violating any federal or state civil rights law; | 90184 |
| (13) Having published advertising, whether printed, radio, | 90185 |
| display, or of any other nature, which was misleading or | 90186 |
| inaccurate in any material particular, or in any way having | 90187 |
| misrepresented any appraisal or specialized service; | 90188 |
| (14) Failing to provide copies of records to the | 90189 |
|
superintendent or failing to maintain records | 90190 |
| required by section 4763.14 of the Revised Code. Failure of a | 90191 |
| certificate holder, licensee, or registrant to comply with a | 90192 |
| subpoena issued under division (C)(1) of section 4763.03 of the | 90193 |
| Revised Code is prima-facie evidence of a violation of division | 90194 |
| (G)(14) of section 4763.11 of the Revised Code. | 90195 |
| (15) Failing to provide notice to the board as required in | 90196 |
| division (I) of this section. | 90197 |
| (H) The board immediately shall notify the superintendent of | 90198 |
| real estate of any disciplinary action taken under this section | 90199 |
| against a certificate holder, registrant, or licensee who also is | 90200 |
| licensed under Chapter 4735. of the Revised Code, and also shall | 90201 |
| notify any other federal, state, or local agency and any other | 90202 |
| public or private association that the board determines is | 90203 |
| responsible for licensing or otherwise regulating the professional | 90204 |
| or business activity of the appraiser. Additionally, the board | 90205 |
| shall notify the complainant and any other party who may have | 90206 |
| suffered financial loss because of the certificate holder's, | 90207 |
| registrant's, or licensee's violations, that the complainant or | 90208 |
| other party may sue for recovery under section 4763.16 of the | 90209 |
| Revised Code. The notice provided under this division shall | 90210 |
| specify the conduct for which the certificate holder, registrant, | 90211 |
| or licensee was disciplined and the disciplinary action taken by | 90212 |
| the board and the result of that conduct. | 90213 |
| (I) A certificate holder, registrant, or licensee shall | 90214 |
|
notify
the
board | 90215 |
| 90216 | |
| revoking or permanently surrendering any professional license, | 90217 |
| certificate, or registration by any public entity other than the | 90218 |
| division of real estate. A certificate holder, registrant, or | 90219 |
| licensee who is convicted of a felony or crime of moral turpitude | 90220 |
| as described in division (G)(3) of this section shall notify the | 90221 |
| board of the conviction within fifteen days of the conviction. | 90222 |
| (J) If the board determines that a certificate holder, | 90223 |
| registrant, or licensee has violated this chapter for which | 90224 |
| disciplinary action may be taken under division (G) of this | 90225 |
| section as a result of an investigation conducted by the | 90226 |
| superintendent upon the superintendent's own motion or upon the | 90227 |
| request of the board, the superintendent shall notify the | 90228 |
| certificate holder, registrant, or licensee of the certificate | 90229 |
| holder's, registrant's, or licensee's right to a hearing pursuant | 90230 |
| to Chapter 119. of the Revised Code and to an appeal of a final | 90231 |
| determination of such administrative proceedings to any court of | 90232 |
| common pleas. | 90233 |
| (K) All notices, written reports, and determinations issued | 90234 |
| pursuant to this section shall be mailed via certified mail, | 90235 |
| return receipt requested. If the certified notice is returned | 90236 |
| because of failure of delivery or was unclaimed, the notice, | 90237 |
| written reports, or determinations are deemed served if the | 90238 |
| superintendent sends the notice, written reports, or determination | 90239 |
| via regular mail and obtains a certificate of mailing of the | 90240 |
| notice, written reports, or determination. Refusal of delivery by | 90241 |
| personal service or by mail is not failure of delivery and service | 90242 |
| is deemed to be complete. | 90243 |
| Sec. 4763.13. (A) In engaging in appraisal activities, a | 90244 |
| person certified, registered, or licensed under this chapter shall | 90245 |
| comply with the applicable standards prescribed by the board of | 90246 |
| governors of the federal reserve system, the federal deposit | 90247 |
| insurance corporation, the comptroller of the currency, the office | 90248 |
| of thrift supervision, the national credit union administration, | 90249 |
| and the resolution trust corporation in connection with federally | 90250 |
| related transactions under the jurisdiction of the applicable | 90251 |
| agency or instrumentality. A certificate holder, registrant, and | 90252 |
| licensee also shall comply with the uniform standards of | 90253 |
| professional appraisal practice, as adopted by the appraisal | 90254 |
| standards board of the appraisal foundation and such other | 90255 |
| standards adopted by the real estate appraiser board, to the | 90256 |
| extent that those standards do not conflict with applicable | 90257 |
| federal standards in connection with a particular federally | 90258 |
| related transaction. | 90259 |
| (B) The terms "state-licensed residential real estate | 90260 |
| appraiser," "state-certified residential real estate appraiser," | 90261 |
| "state-certified general real estate appraiser," and | 90262 |
| "state-registered real estate appraiser assistant" shall be used | 90263 |
| to refer only to those persons who have been issued the applicable | 90264 |
| certificate, registration, or license or renewal certificate, | 90265 |
| registration, or license pursuant to this chapter. None of these | 90266 |
| terms shall be used following or in connection with the name or | 90267 |
| signature of a partnership, corporation, or association or in a | 90268 |
| manner that could be interpreted as referring to a person other | 90269 |
| than the person to whom the certificate, registration, or license | 90270 |
| has been issued. No person shall fail to comply with this | 90271 |
| division. | 90272 |
| (C) No person, other than a certificate holder, a registrant, | 90273 |
| or a licensee, shall assume or use a title, designation, or | 90274 |
| abbreviation that is likely to create the impression that the | 90275 |
| person possesses certification, registration, or licensure under | 90276 |
| this chapter, provided that professional designations containing | 90277 |
| the term "certified appraiser" and being used on or before July | 90278 |
| 26, 1989, shall not be construed as being misleading under this | 90279 |
| division. No person other than a person certified or licensed | 90280 |
| under this chapter shall describe or refer to an appraisal or | 90281 |
| other evaluation of real estate located in this state as being | 90282 |
| certified. | 90283 |
| (D) The terms "state-certified or state-licensed real estate | 90284 |
| appraisal report," "state-certified or state-licensed appraisal | 90285 |
| report," or "state-certified or state-licensed appraisal" shall be | 90286 |
| used to refer only to those real estate appraisals conducted by a | 90287 |
| certificate holder or licensee as a disinterested and unbiased | 90288 |
| third party provided that the certificate holder or licensee | 90289 |
| provides certification with the appraisal and provided further | 90290 |
| that if a licensee is providing the appraisal, such terms shall | 90291 |
| only be used if the licensee is acting within the scope of the | 90292 |
| licensee's license. No person shall fail to comply with this | 90293 |
| division. | 90294 |
| (E) Nothing in this chapter shall preclude a partnership, | 90295 |
|
corporation, or association which employs | 90296 |
| the services of a certificate holder or licensee to advertise that | 90297 |
| the partnership, corporation, or association offers | 90298 |
| state-certified or state-licensed appraisals through a | 90299 |
| certificate holder or licensee if the advertisement clearly | 90300 |
| states such fact in accordance with guidelines for such | 90301 |
| advertisements established by rule of the real estate appraiser | 90302 |
| board. | 90303 |
| (F) Except as otherwise provided in section 4763.19 of the | 90304 |
| Revised Code, nothing in this chapter shall preclude a person who | 90305 |
| is not licensed or certified under this chapter from appraising | 90306 |
| real estate for compensation. | 90307 |
| Sec. 4763.14. A person licensed, registered, or certified | 90308 |
| under this chapter shall retain for a period of five years the | 90309 |
| original or a true copy of each written contract for the person's | 90310 |
|
services
relating to
real estate appraisal work | 90311 |
|
reports, and all work file documentation and
| 90312 |
|
assembled | 90313 |
| The retention period begins on the date the appraisal is submitted | 90314 |
| to the client unless, prior to expiration of the retention period, | 90315 |
| the certificate holder, registrant, or licensee is notified that | 90316 |
| the appraisal or report is the subject of or is otherwise involved | 90317 |
| in pending litigation, in which case the retention period begins | 90318 |
| on the date of final disposition of the litigation. | 90319 |
| A certificate holder, registrant, and a licensee shall make | 90320 |
| available all records required to be maintained under this section | 90321 |
| for inspection and copying by the superintendent of real estate or | 90322 |
| the real estate appraiser board, or both, upon reasonable notice | 90323 |
| to the certificate holder, registrant, or licensee. | 90324 |
| Sec. 4763.17. Every partnership, corporation, or association | 90325 |
|
which employs | 90326 |
| licensed, registered, or certified under this chapter, whether the | 90327 |
| certificate holder, registrant, or licensee is an independent | 90328 |
| contractor or under the supervision or control of the partnership, | 90329 |
| corporation, or association, is jointly and severally liable for | 90330 |
| any damages incurred by any person as a result of an act or | 90331 |
| omission concerning a state-certified or state-licensed real | 90332 |
| estate appraisal prepared or facilitated in the preparation by a | 90333 |
|
certificate holder, registrant, or
licensee while employed | 90334 |
| retained, or engaged by the partnership, corporation, or | 90335 |
| association. | 90336 |
| Sec. 4766.09. This chapter does not apply to any of the | 90337 |
| following: | 90338 |
| (A) A person rendering services with an ambulance in the | 90339 |
| event of a disaster situation when licensees' vehicles based in | 90340 |
| the locality of the disaster situation are incapacitated or | 90341 |
| insufficient in number to render the services needed; | 90342 |
| (B) Any person operating an ambulance, ambulette, rotorcraft | 90343 |
| air ambulance, or fixed wing air ambulance outside this state | 90344 |
| unless receiving a person within this state for transport to a | 90345 |
| location within this state; | 90346 |
| (C) A publicly owned or operated emergency medical service | 90347 |
| organization and the vehicles it owns or leases and operates, | 90348 |
| except as provided in section 307.051, division (G) of section | 90349 |
| 307.055, division (F) of section 505.37, division (B) of section | 90350 |
| 505.375, and division (B)(3) of section 505.72 of the Revised | 90351 |
| Code; | 90352 |
| (D) An ambulance, ambulette, rotorcraft air ambulance, fixed | 90353 |
| wing air ambulance, or nontransport vehicle owned or leased and | 90354 |
| operated by the federal government; | 90355 |
| (E) A publicly owned and operated fire department vehicle; | 90356 |
| (F) Emergency vehicles owned by a corporation and operating | 90357 |
| only on the corporation's premises, for the sole use by that | 90358 |
| corporation; | 90359 |
| (G) An ambulance, nontransport vehicle, or other emergency | 90360 |
| medical service organization vehicle owned and operated by a | 90361 |
| municipal corporation; | 90362 |
| (H) A motor vehicle titled in the name of a volunteer rescue | 90363 |
| service organization, as defined in section 4503.172 of the | 90364 |
| Revised Code; | 90365 |
| (I) A public emergency medical service organization; | 90366 |
| (J) A fire department, rescue squad, or life squad comprised | 90367 |
| of volunteers who provide services without expectation of | 90368 |
| remuneration and do not receive payment for services other than | 90369 |
| reimbursement for expenses; | 90370 |
| (K) A private, nonprofit emergency medical service | 90371 |
| organization when fifty per cent or more of its personnel are | 90372 |
| volunteers, as defined in section 4765.01 of the Revised Code; | 90373 |
| (L) Emergency medical service personnel who are regulated by | 90374 |
| the state board of emergency medical services under Chapter 4765. | 90375 |
| of the Revised Code; | 90376 |
| (M) Any of the following that operates a transit bus, as that | 90377 |
| term is defined in division (Q) of section 5735.01 of the Revised | 90378 |
| Code, unless the entity provides ambulette services that are | 90379 |
| reimbursed under the state medicaid plan: | 90380 |
| (1) A public nonemergency medical service organization; | 90381 |
| (2) An urban or rural public transit system; | 90382 |
| (3) A private nonprofit organization that receives grants | 90383 |
| under section 5501.07 of the Revised Code. | 90384 |
| (N)(1) An entity | 90385 |
| extent it provides ambulette services, if the entity meets all of | 90386 |
| the following conditions: | 90387 |
| (a) The entity is certified by the department of aging or the | 90388 |
|
department's designee | 90389 |
|
the Revised Code | 90390 |
| agreement with the department or the department's designee in | 90391 |
| accordance with section 173.392 of the Revised Code. | 90392 |
| (b) The entity meets the requirements of section 4766.14 of | 90393 |
|
the Revised Code | 90394 |
| (c) The entity does not provide ambulette services that are | 90395 |
| reimbursed under the state medicaid plan. | 90396 |
| (2) A vehicle, to the extent it is used to provide ambulette | 90397 |
| services, if the vehicle meets both of the following conditions: | 90398 |
| (a) The vehicle is owned by an entity that meets the | 90399 |
| conditions specified in division (N)(1) of this section. | 90400 |
| (b) The vehicle | 90401 |
|
that are reimbursed under the state medicaid plan | 90402 |
| (O) A vehicle that meets both of the following criteria, | 90403 |
| unless the vehicle provides services that are reimbursed under the | 90404 |
| state medicaid plan: | 90405 |
| (1) The vehicle was purchased with funds from a grant made by | 90406 |
| the United States secretary of transportation under 49 U.S.C. | 90407 |
| 5310; | 90408 |
| (2) The department of transportation holds a lien on the | 90409 |
| vehicle. | 90410 |
| Sec. 4767.05. (A) There is hereby created the Ohio cemetery | 90411 |
| dispute resolution commission, which shall consist of nine members | 90412 |
| to be appointed by the governor with the advice and consent of the | 90413 |
| senate as follows: | 90414 |
| (1) One member shall be the management authority of a | 90415 |
| municipal, township, or union cemetery and shall be selected from | 90416 |
| a list of four names submitted to the governor. Two of the four | 90417 |
| names shall be submitted by the Ohio township association and two | 90418 |
| names shall be submitted by the Ohio municipal league. | 90419 |
| (2) Four members shall be individuals employed in a | 90420 |
| management position by a cemetery company or cemetery association. | 90421 |
| Two of the four members shall be selected from a list of four | 90422 |
| names submitted to the governor by the Ohio association of | 90423 |
| cemeteries and two shall be selected from a list of four names | 90424 |
| submitted by the Ohio association of cemetery superintendents and | 90425 |
| officials. | 90426 |
| (3) Two members shall be employed in a management position by | 90427 |
| a cemetery that is owned or operated by a religious, fraternal, or | 90428 |
| benevolent society and shall be selected from a list of four names | 90429 |
| submitted by the Ohio association of cemetery superintendents and | 90430 |
| officials. | 90431 |
| (4) Two members, at least one of whom shall be at least | 90432 |
| sixty-five years of age, shall be representatives of the public | 90433 |
| with no financial interest in the death care industry. | 90434 |
| Each member of the commission, except for the two members who | 90435 |
| represent the public, shall, at the time of appointment, have had | 90436 |
| a minimum of five consecutive years of experience in the active | 90437 |
| administration and management of a cemetery in this state. | 90438 |
| (B) Within ninety days after the effective date of this | 90439 |
| section, the governor shall make initial appointments to the | 90440 |
| commission. Of the initial appointments, two shall be for terms | 90441 |
| ending one year after the effective date of this section, two | 90442 |
| shall be for terms ending two years after that date, two shall be | 90443 |
| for terms ending three years after that date, and three shall be | 90444 |
| for terms ending four years after that date. Thereafter, terms of | 90445 |
| office shall be for four years, with each term ending on the same | 90446 |
| day of the same month as did the term that it succeeds. Each | 90447 |
| member shall hold office from the date of appointment until the | 90448 |
| end of the term for which the member was appointed. Vacancies | 90449 |
| shall be filled in the manner provided for original appointments, | 90450 |
| with each appointee, other than a representative of the public, | 90451 |
| being appointed from a list of two names submitted to the governor | 90452 |
| by the association or organization that was required to nominate | 90453 |
| candidates for initial appointment to the position that has become | 90454 |
| vacant. Any member appointed to fill a vacancy occurring prior to | 90455 |
| the expiration date of the term for which the member's predecessor | 90456 |
| was appointed shall hold office for the remainder of that term. A | 90457 |
| member shall continue in office subsequent to the expiration date | 90458 |
| of the member's term until the member's successor takes office or | 90459 |
| until a period of sixty days has elapsed, whichever occurs first. | 90460 |
| No person shall serve as a member of the commission for more than | 90461 |
| two consecutive terms, excluding any term served to fill an | 90462 |
| initial appointment to a term of less than four years or an | 90463 |
| unexpired term caused by a vacancy. | 90464 |
| (C) The commission annually shall elect from among its | 90465 |
| members a chairperson, vice-chairperson, and secretary, each of | 90466 |
| whom shall serve a term of one year in that office. The commission | 90467 |
| shall meet at least four times a year. Additional meetings may be | 90468 |
| called by the chairperson, or by the vice-chairperson when the | 90469 |
| chairperson is disabled, or by a majority of the members of the | 90470 |
| commission. A majority of the members constitutes a quorum to | 90471 |
| transact and vote on business of the commission. | 90472 |
| The chairperson or vice-chairperson may: | 90473 |
| (1) Administer oaths; | 90474 |
| (2) Issue subpoenas; | 90475 |
| (3) Summon witnesses; | 90476 |
| (4) Compel the production of books, papers, records, and | 90477 |
| other forms of evidence; | 90478 |
| (5) Fix the time and place for hearing any matter related to | 90479 |
| compliance with sections 1721.19, 1721.20, 1721.21, 1721.211, | 90480 |
|
4735.02, | 90481 |
| The chairperson shall designate three members of the | 90482 |
| commission to serve on the crematory review board in accordance | 90483 |
| with section 4717.03 of the Revised Code for such time as the | 90484 |
| chairperson finds appropriate. Members designated to serve on the | 90485 |
| crematory review board shall perform all functions necessary to | 90486 |
| carry out the duties of the board as described in section 4717.03 | 90487 |
| of the Revised Code. Members who serve on the crematory review | 90488 |
| board shall receive no compensation for such service. | 90489 |
| (D) Before entering upon the duties of office, each member of | 90490 |
| the commission shall take the oath pursuant to section 3.22 of the | 90491 |
| Revised Code. The governor may remove any member for misconduct, | 90492 |
| neglect of duty, incapacity, or malfeasance in accordance with | 90493 |
| section 3.04 of the Revised Code. | 90494 |
| (E) Members of the commission shall receive no compensation | 90495 |
| but shall be reimbursed for their actual and necessary expenses | 90496 |
| incurred in the performance of their duties as members of the | 90497 |
| commission. | 90498 |
| (F) The division of real estate in the department of commerce | 90499 |
| shall provide the commission with meeting space, staff services, | 90500 |
| and other technical assistance required by the commission in | 90501 |
| carrying out its duties pursuant to sections 4767.05 to 4767.08 of | 90502 |
| the Revised Code. | 90503 |
| Sec. 4767.07. (A) Any person may file a complaint regarding | 90504 |
| the activity, practice, policy, or procedure of, or regarding an | 90505 |
| alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211, | 90506 |
|
4735.02, | 90507 |
| operating or maintaining a cemetery registered pursuant to section | 90508 |
| 4767.03 of the Revised Code that adversely affects or may | 90509 |
| adversely affect the interest of an owner or family member of the | 90510 |
| owner of a cemetery lot or burial, entombment, or columbarium | 90511 |
| right. All complaints shall be in writing and submitted to the | 90512 |
| division of real estate in the department of commerce on forms | 90513 |
| provided by the division. | 90514 |
| (B) With respect to complaints filed pursuant to division (A) | 90515 |
| of this section, the division of real estate shall do all of the | 90516 |
| following: | 90517 |
| (1) Acknowledge receipt of the complaint by sending written | 90518 |
| notice to the person who filed the complaint not more than twenty | 90519 |
| days after receipt of the complaint; | 90520 |
| (2) Send written notice of the complaint within seven days | 90521 |
| after receipt of the complaint to the person responsible for the | 90522 |
| operation and maintenance of the cemetery that is the subject of | 90523 |
| the complaint; | 90524 |
| (3) Before taking further action, allow the owner or the | 90525 |
| person responsible for the operation and maintenance of the | 90526 |
| cemetery that is the subject of a complaint thirty days after the | 90527 |
| date the division sends notice of the complaint to respond to the | 90528 |
| division with respect to the complaint. | 90529 |
| (C) The cemetery dispute resolution commission shall hear | 90530 |
| each complaint filed pursuant to division (A) of this section | 90531 |
| within one hundred eighty days after its filing, unless it has | 90532 |
| been resolved by the parties to the complaint. | 90533 |
| Sec. 4767.08. (A) The Ohio cemetery dispute resolution | 90534 |
| commission, on its own motion or as a result of a complaint | 90535 |
| received pursuant to section 4767.07 of the Revised Code and with | 90536 |
| good cause shown, shall investigate or cause to be investigated | 90537 |
| alleged violations of sections 1721.19, 1721.20, 1721.21, | 90538 |
|
1721.211, 4735.02, | 90539 |
| the Revised Code. If the commission or the superintendent of the | 90540 |
| division of real estate in the department of commerce believes | 90541 |
| that a violation has occurred, the commission or superintendent | 90542 |
| shall do all of the following: | 90543 |
| (1) Review the financial records of the cemetery to ensure | 90544 |
| compliance with sections 1721.21 and 1721.211 of the Revised Code; | 90545 |
| (2) Request the prosecuting attorney of the county in which | 90546 |
| the alleged violation occurred to initiate such proceedings as are | 90547 |
| appropriate. | 90548 |
| (B) If, as a result of an investigation, the commission or | 90549 |
| the superintendent believes that a person has violated Chapter | 90550 |
| 1345. of the Revised Code, the commission or superintendent shall | 90551 |
| report the findings to the attorney general. | 90552 |
| (C) The commission, at any time, may dismiss a complaint if | 90553 |
| it determines there is not good cause shown for the complaint. If | 90554 |
| the commission dismisses a complaint, it shall notify the person | 90555 |
| who filed the complaint within twenty days of reaching its | 90556 |
| decision and identify the reason why the complaint was dismissed. | 90557 |
| (D) When necessary for the division of real estate to perform | 90558 |
| the duties required by sections 4767.07 and 4767.08 of the Revised | 90559 |
| Code, the superintendent of the division, after consultation with | 90560 |
| at least a majority of the members of the cemetery dispute | 90561 |
| resolution commission, may issue subpoenas and compel the | 90562 |
| production of books, papers, records, and other forms of evidence. | 90563 |
| Sec. 4781.01. As used in this chapter: | 90564 |
| (A) "Industrialized unit" has the same meaning as in division | 90565 |
| (C)(3) of section 3781.06 of the Revised Code. | 90566 |
| (B) "Installation" means any of the following: | 90567 |
| (1) The temporary or permanent construction of stabilization, | 90568 |
| support, and anchoring systems for manufactured housing; | 90569 |
| (2) The placement and erection of a manufactured housing unit | 90570 |
| or components of a unit on a structural support system; | 90571 |
| (3) The supporting, blocking, leveling, securing, anchoring, | 90572 |
| underpinning, or adjusting of any section or component of a | 90573 |
| manufactured housing unit; | 90574 |
| (4) The joining or connecting of all sections or components | 90575 |
| of a manufactured housing unit. | 90576 |
| (C) "Manufactured home" has the same meaning as in division | 90577 |
| (C)(4) of section 3781.06 of the Revised Code. | 90578 |
| (D) "Manufactured home park" has the same meaning as in | 90579 |
| division (A) of section 3733.01 of the Revised Code. | 90580 |
| (E) "Manufactured housing" means manufactured homes and | 90581 |
| mobile homes. | 90582 |
| (F) "Manufactured housing installer" means an individual who | 90583 |
| installs manufactured housing. | 90584 |
| (G) "Mobile home" has the same meaning as in division (O) of | 90585 |
| section 4501.01 of the Revised Code. | 90586 |
| (H) "Model standards" means the federal manufactured home | 90587 |
| installation standards established pursuant to 42 U.S.C. 5404. | 90588 |
| (I) "Permanent foundation" has the same meaning as in | 90589 |
| division (C)(5) of section 3781.06 of the Revised Code. | 90590 |
| (J) "Business" includes any activities engaged in by any | 90591 |
| person for the object of gain, benefit, or advantage either direct | 90592 |
| or indirect. | 90593 |
| (K) "Casual sale" means any transfer of a manufactured home | 90594 |
| or mobile home by a person other than a manufactured housing | 90595 |
| dealer, manufactured housing salesperson, or manufacturer to an | 90596 |
| ultimate consumer or a person who purchases the home for use as a | 90597 |
| residence. | 90598 |
| (L) "Engaging in business" means commencing, conducting, or | 90599 |
| continuing in business, or liquidating a business when the | 90600 |
| liquidator thereof holds self out to be conducting such business; | 90601 |
| making a casual sale or otherwise making transfers in the ordinary | 90602 |
| course of business when the transfers are made in connection with | 90603 |
| the disposition of all or substantially all of the transferor's | 90604 |
| assets is not engaging in business. | 90605 |
| (M) "Manufactured home park operator" has the same meaning as | 90606 |
| "operator" in section 3733.01 of the Revised Code. | 90607 |
| (N) "Manufactured housing broker" means any person acting as | 90608 |
| a selling agent on behalf of an owner of a manufactured home or | 90609 |
| mobile home that is subject to taxation under section 4503.06 of | 90610 |
| the Revised Code. | 90611 |
| (O) "Manufactured housing dealer" means any person engaged in | 90612 |
| the business of selling at retail, displaying, offering for sale, | 90613 |
| or dealing in manufactured homes or mobile homes. | 90614 |
| (P) "Manufacturer" means a person who manufacturers, | 90615 |
| assembles, or imports manufactured homes or mobile homes. | 90616 |
| (Q) "Retail sale" or "sale at retail" means the act or | 90617 |
| attempted act of selling, bartering, exchanging, or otherwise | 90618 |
| disposing of a manufactured home or mobile home to an ultimate | 90619 |
| purchaser for use as a residence. | 90620 |
| (R) "Salesperson" means any individual employed by a | 90621 |
| manufactured housing dealer or manufactured housing broker to | 90622 |
| sell, display, and offer for sale, or deal in manufactured homes | 90623 |
| or mobile homes for a commission, compensation, or other valuable | 90624 |
| consideration, but does not mean any public officer performing | 90625 |
| official duties. | 90626 |
| (S) "Ultimate purchaser" means, with respect to any new | 90627 |
| manufactured home, the first person, other than a manufactured | 90628 |
| housing dealer purchasing in the capacity of a manufactured | 90629 |
| housing dealer, who purchases such new manufactured home for | 90630 |
| purposes other than resale. | 90631 |
| Sec. 4781.02. (A) There is hereby created the manufactured | 90632 |
| homes commission which consists of nine members, with three | 90633 |
| members appointed by the governor, three members appointed by the | 90634 |
| president of the senate, and three members appointed by the | 90635 |
| speaker of the house of representatives. | 90636 |
| (B)(1) Commission members shall be residents of this state, | 90637 |
| except for members appointed pursuant to divisions (B)(3)(b) and | 90638 |
| (B)(4)(a) of this section. Members shall be selected from a list | 90639 |
| of persons the Ohio manufactured homes association, or any | 90640 |
| successor entity, recommends, except for appointments made | 90641 |
| pursuant to division (B)(2) of this section. | 90642 |
| (2) The governor shall appoint the following members: | 90643 |
| (a) One member to represent the board of building standards, | 90644 |
| who may be a member of the board or a board employee not in the | 90645 |
| classified civil service, with an initial term ending December 31, | 90646 |
| 2007; | 90647 |
| (b) One member to represent the department of health, who may | 90648 |
| be a department employee not in the classified civil service, with | 90649 |
| an initial term ending December 31, 2005; | 90650 |
| (c) One member whose primary residence is a manufactured | 90651 |
| home, with an initial term ending December 31, 2006. | 90652 |
| (3) The president of the senate shall appoint the following | 90653 |
| members: | 90654 |
| (a) Two members who are manufactured housing installers who | 90655 |
| have been actively engaged in the installation of manufactured | 90656 |
| housing for the five years immediately prior to appointment, with | 90657 |
| the initial term of one installer ending December 31, 2007, and | 90658 |
| the initial term of the other installer ending December 31, 2005. | 90659 |
| (b) One member who manufactures manufactured homes in this | 90660 |
| state or who manufactures manufactured homes in another state and | 90661 |
| ships homes into this state, to represent manufactured home | 90662 |
| manufacturers, with an initial term ending December 31, 2006. | 90663 |
| (4) The speaker of the house of representatives shall appoint | 90664 |
| the following members: | 90665 |
| (a) One member who operates a manufactured or mobile home | 90666 |
|
retail business in this state to represent manufactured | 90667 |
| 90668 | |
| December 31, 2007; | 90669 |
| (b) One member who is a manufactured home park operator or is | 90670 |
| employed by an operator, with an initial term ending December 31, | 90671 |
| 2005; | 90672 |
| (c) One member to represent the Ohio manufactured home | 90673 |
| association, or any successor entity, who may be the president or | 90674 |
| executive director of the association or the successor entity, | 90675 |
| with an initial term ending December 31, 2006. | 90676 |
| (C)(1) After the initial term, each term of office is for | 90677 |
| four years ending on the thirty-first day of December. A member | 90678 |
| holds office from the date of appointment until the end of the | 90679 |
| term. No member may serve more than two consecutive four-year | 90680 |
| terms. | 90681 |
| (2) Any member appointed to fill a vacancy that occurs prior | 90682 |
| to the expiration of a term continues in office for the remainder | 90683 |
| of that term. Any member continues in office subsequent to the | 90684 |
| expiration date of the term until the member's successor takes | 90685 |
| office or until sixty days have elapsed, which ever occurs first. | 90686 |
| (3) A vacancy on the commission does not impair the authority | 90687 |
| of the remaining members to exercise all of the commission's | 90688 |
| powers. | 90689 |
| (D)(1) The governor may remove any member from office for | 90690 |
| incompetence, neglect of duty, misfeasance, nonfeasance, | 90691 |
| malfeasance, or unprofessional conduct in office. | 90692 |
| (2) Vacancies shall be filled in the manner of the original | 90693 |
| appointment. | 90694 |
| Sec. 4781.04. (A) The manufactured homes commission shall | 90695 |
| adopt rules pursuant to Chapter 119. of the Revised Code to do all | 90696 |
| of the following: | 90697 |
| (1) Establish uniform standards that govern the installation | 90698 |
| of manufactured housing. Not later than one hundred eighty days | 90699 |
| after the secretary of the United States department of housing and | 90700 |
| urban development adopts model standards for the installation of | 90701 |
| manufactured housing or amends those standards, the commission | 90702 |
| shall amend its standards as necessary to be consistent with, and | 90703 |
| not less stringent than, the model standards for the design and | 90704 |
| installation of manufactured housing the secretary adopts or any | 90705 |
| manufacturers' standards that the secretary determines are equal | 90706 |
| to or not less stringent than the model standards. | 90707 |
| (2) Govern the inspection of the installation of manufactured | 90708 |
|
housing. The rules shall specify that the | 90709 |
| 90710 | |
| any building department or personnel of any department, any | 90711 |
| licensor or personnel of any licensor, or any private third party, | 90712 |
| certified pursuant to section 4781.07 of the Revised Code shall | 90713 |
| conduct all inspections of the installation of manufactured | 90714 |
| housing located in manufactured home parks to determine compliance | 90715 |
| with the uniform installation standards the commission establishes | 90716 |
|
pursuant to this section. | 90717 |
| 90718 | |
| 90719 | |
| 90720 | |
| 90721 | |
| 90722 |
| As used in division (A)(2) of this section, "licensor" has | 90723 |
| the same meaning as in section 3733.01 of the Revised Code. | 90724 |
| (3) Govern the design, construction, installation, approval, | 90725 |
| and inspection of foundations and the base support systems for | 90726 |
|
manufactured housing. The rules shall specify that the | 90727 |
| 90728 | |
| 90729 | |
| department, any licensor or personnel of any licensor, or any | 90730 |
| private third party, certified pursuant to section 4781.07 of the | 90731 |
| Revised Code shall conduct all inspections of the installation, | 90732 |
| foundations, and base support systems of manufactured housing | 90733 |
| located in manufactured home parks to determine compliance with | 90734 |
| the uniform installation standards and foundation and base support | 90735 |
| system design the commission establishes pursuant to this section. | 90736 |
| 90737 | |
| 90738 | |
| 90739 | |
| 90740 | |
| 90741 | |
| 90742 |
| As used in division (A)(3) of this section, "licensor" has | 90743 |
| the same meaning as in section 3733.01 of the Revised Code. | 90744 |
| (4) Govern the training, experience, and education | 90745 |
| requirements for manufactured housing installers, manufactured | 90746 |
| housing dealers, manufactured housing brokers, and manufactured | 90747 |
| housing salespersons; | 90748 |
| (5) Establish a code of ethics for manufactured housing | 90749 |
| installers; | 90750 |
| (6) Govern the issuance, revocation, and suspension of | 90751 |
| licenses to manufactured housing installers; | 90752 |
| (7) Establish fees for the issuance and renewal of licenses, | 90753 |
| for conducting inspections to determine an applicant's compliance | 90754 |
| with this chapter and the rules adopted pursuant to it, and for | 90755 |
| the commission's expenses incurred in implementing this chapter; | 90756 |
| (8) Establish conditions under which a licensee may enter | 90757 |
| into contracts to fulfill the licensee's responsibilities; | 90758 |
| (9) Govern the investigation of complaints concerning any | 90759 |
| violation of this chapter or the rules adopted pursuant to it or | 90760 |
| complaints involving the conduct of any licensed manufactured | 90761 |
| housing installer or person installing manufactured housing | 90762 |
| without a license, licensed manufactured housing dealer, licensed | 90763 |
| manufactured housing broker, or manufactured housing salesperson; | 90764 |
| (10) Establish a dispute resolution program for the timely | 90765 |
| resolution of warranty issues involving new manufactured homes, | 90766 |
| disputes regarding responsibility for the correction or repair of | 90767 |
| defects in manufactured housing, and the installation of | 90768 |
| manufactured housing. The rules shall provide for the timely | 90769 |
|
resolution of disputes between manufacturers, | 90770 |
| manufactured housing dealers, and installers regarding the | 90771 |
| correction or repair of defects in manufactured housing that are | 90772 |
| reported by the purchaser of the home during the one-year period | 90773 |
| beginning on the date of installation of the home. The rules also | 90774 |
| shall provide that decisions made regarding the dispute under the | 90775 |
| program are not binding upon the purchaser of the home or the | 90776 |
| other parties involved in the dispute unless the purchaser so | 90777 |
| agrees in a written acknowledgement that the purchaser signs and | 90778 |
| delivers to the program within ten business days after the | 90779 |
| decision is issued. | 90780 |
| (11) Establish the requirements and procedures for the | 90781 |
| certification of building departments and building department | 90782 |
| personnel pursuant to section 4781.07 of the Revised Code; | 90783 |
| (12) Establish fees to be charged to building departments and | 90784 |
| building department personnel applying for certification and | 90785 |
| renewal of certification pursuant to section 4781.07 of the | 90786 |
| Revised Code; | 90787 |
| (13) Carry out any other provision of this chapter. | 90788 |
| (B) The manufactured homes commission shall do all of the | 90789 |
| following: | 90790 |
| (1) Prepare and administer a licensure examination to | 90791 |
| determine an applicant's knowledge of manufactured housing | 90792 |
| installation and other aspects of installation the commission | 90793 |
| determines appropriate; | 90794 |
| (2) Select, provide, or procure appropriate examination | 90795 |
| questions and answers for the licensure examination and establish | 90796 |
| the criteria for successful completion of the examination; | 90797 |
| (3) Prepare and distribute any application form this chapter | 90798 |
| requires; | 90799 |
| (4) Receive applications for licenses and renewal of licenses | 90800 |
| and issue licenses to qualified applicants; | 90801 |
| (5) Establish procedures for processing, approving, and | 90802 |
| disapproving applications for licensure; | 90803 |
| (6) Retain records of applications for licensure, including | 90804 |
| all application materials submitted and a written record of the | 90805 |
| action taken on each application; | 90806 |
| (7) Review the design and plans for manufactured housing | 90807 |
| installations, foundations, and support systems; | 90808 |
| (8) Inspect a sample of homes at a percentage the commission | 90809 |
| determines to evaluate the construction and installation of | 90810 |
| manufactured housing installations, foundations, and support | 90811 |
| systems to determine compliance with the standards the commission | 90812 |
| adopts; | 90813 |
| (9) Investigate complaints concerning violations of this | 90814 |
| chapter or the rules adopted pursuant to it, or the conduct of any | 90815 |
| manufactured housing installer, manufactured housing dealer, | 90816 |
| manufactured housing broker, or manufactured housing salesperson; | 90817 |
| (10) Determine appropriate disciplinary actions for | 90818 |
| violations of this chapter; | 90819 |
| (11) Conduct audits and inquiries of manufactured housing | 90820 |
| installers, manufactured housing dealers, manufactured housing | 90821 |
| brokers, and manufactured housing salespersons as appropriate for | 90822 |
| the enforcement of this chapter. The commission, or any person the | 90823 |
| commission employs for the purpose, may review and audit the | 90824 |
| business records of any manufactured housing installer, dealer, | 90825 |
| broker, or salesperson during normal business hours. | 90826 |
| (12) Approve an installation training course, which may be | 90827 |
| offered by the Ohio manufactured homes association or other | 90828 |
| entity; | 90829 |
| (13) Perform any function or duty necessary to administer | 90830 |
| this chapter and the rules adopted pursuant to it. | 90831 |
| Sec. 4781.05. The executive director of the manufactured | 90832 |
| homes commission shall do all of the following: | 90833 |
| (A) With commission approval, secure and manage office space, | 90834 |
| supplies, and the professional and clerical staff necessary to | 90835 |
| effectively perform the executive director's and commission's | 90836 |
| duties; | 90837 |
| (B) Pursuant to rules the commission adopts, review | 90838 |
| applications for manufactured housing installer licenses, | 90839 |
| manufactured housing dealer licenses, manufactured housing broker | 90840 |
| licenses, and manufactured housing salesperson licenses and on | 90841 |
| behalf of the commission, issue licenses to qualified persons; | 90842 |
| (C) Administer the dispute resolution program the commission | 90843 |
| develops if the commission does not contract with the Ohio | 90844 |
| manufactured homes association or another entity to administer the | 90845 |
| program; | 90846 |
| (D) Administer any continuing education program the | 90847 |
| commission develops; | 90848 |
| (E) Collect fees the commission establishes; | 90849 |
| (F) Except as provided in divisions (A)(2) and (3) of section | 90850 |
| 4781.04 of the Revised Code, employ installation inspectors and | 90851 |
| investigators to serve at the executive director's pleasure to | 90852 |
| assist in carrying out the executive director's duties under this | 90853 |
| chapter or the duties the commission delegates to the executive | 90854 |
| director; | 90855 |
| (G) Serve as secretary of the commission and maintain a | 90856 |
| written record of the commission's meetings and proceedings; | 90857 |
| (H) Notify manufactured housing installers, manufactured | 90858 |
| housing dealers, manufactured housing brokers, and manufactured | 90859 |
| housing salespersons of changes in this chapter and the rules | 90860 |
| adopted pursuant to it; | 90861 |
| (I) Do all things the commission requests or delegates for | 90862 |
| the administration and enforcement of this chapter. | 90863 |
| Sec. 4781.06. (A) The manufactured homes commission may | 90864 |
| delegate to the executive director any of its duties set forth in | 90865 |
| division (B) of section 4781.04 of the Revised Code. | 90866 |
| (B) The commission may enter into a contract with the Ohio | 90867 |
| manufactured homes association or another entity to administer the | 90868 |
| dispute resolution program created pursuant to section 4781.04 of | 90869 |
| the Revised Code. The contract shall specify the terms for the | 90870 |
| administration of the program. | 90871 |
| (C)(1) The commission may enter into a contract with any | 90872 |
| private third party, municipal corporation, township, county, | 90873 |
| state agency, or the Ohio manufactured homes association, or any | 90874 |
| successor entity, to perform any of the commission's functions set | 90875 |
| forth in division (B) of section 4781.04 of the Revised Code that | 90876 |
| the commission has not delegated to the executive director. Each | 90877 |
| contract shall specify the compensation to be paid to the private | 90878 |
| third party, municipal corporation, township, county, state | 90879 |
| agency, or the Ohio manufactured homes association, or successor | 90880 |
| entity, for the performance of the commission's functions. | 90881 |
| (2) Except as provided in this division, the commission shall | 90882 |
| not enter into any contract with any person or building department | 90883 |
| to accept and approve plans and specifications or to inspect | 90884 |
| manufactured housing foundations and the installation of | 90885 |
| manufactured housing unless that person or building department is | 90886 |
| certified pursuant to section 4781.07 of the Revised Code. The | 90887 |
|
commission shall | 90888 |
| health employs to obtain certification pursuant to section 4781.07 | 90889 |
|
of the Revised Code | 90890 |
| 90891 | |
| 90892 |
| Sec. 4781.07. (A) Pursuant to rules the manufactured homes | 90893 |
| commission adopts, the commission may certify municipal, township, | 90894 |
| and county building departments and the personnel of those | 90895 |
| departments, licensors as defined in section 3733.01 of the | 90896 |
| Revised Code and the personnel of those licensors, or any private | 90897 |
| third party, to exercise the commission's enforcement authority, | 90898 |
| accept and approve plans and specifications for foundations, | 90899 |
| support systems and installations, and inspect manufactured | 90900 |
| housing foundations, support systems, and manufactured housing | 90901 |
| installations. Any certification is effective for three years. | 90902 |
| (B) Following an investigation and finding of facts that | 90903 |
| support its action, the commission may revoke or suspend | 90904 |
| certification. The commission may initiate an investigation on its | 90905 |
| own motion or the petition of a person affected by the enforcement | 90906 |
| or approval of plans. | 90907 |
| Sec. 4781.16. (A) Except as provided in division (E) of this | 90908 |
| section, no person shall do any of the following: | 90909 |
| (1) Engage in the business of displaying or selling at retail | 90910 |
| manufactured homes or mobile homes or assume to engage in that | 90911 |
| business, unless the person is licensed as a manufactured housing | 90912 |
| dealer under this chapter, or is a salesperson licensed under this | 90913 |
| chapter and employed by a licensed manufactured housing dealer; | 90914 |
| (2) Make more than five casual sales of manufactured homes or | 90915 |
| mobile homes in a twelve-month period without obtaining a license | 90916 |
| as a manufactured housing dealer under this chapter; | 90917 |
| (3) Engage in the business of brokering manufactured homes | 90918 |
| unless that person is licensed as a manufactured housing broker | 90919 |
| under this chapter. | 90920 |
| (B)(1) Except as provided in this division, no manufactured | 90921 |
| housing dealer shall sell, display, offer for sale, or deal in | 90922 |
| manufactured homes or mobile homes at any place except an | 90923 |
| established place of business that is used exclusively for the | 90924 |
| purpose of selling, displaying, offering for sale, or dealing in | 90925 |
| manufactured homes or mobile homes. | 90926 |
| (2) No manufactured housing broker shall engage in the | 90927 |
| business of brokering manufactured or mobile homes at any place | 90928 |
| except an established place of business that is used exclusively | 90929 |
| for the purpose of brokering manufactured and mobile homes. | 90930 |
| (3) A place of business used for the brokering or sale of | 90931 |
| manufactured homes or mobile homes is considered to be used | 90932 |
| exclusively for brokering, selling, displaying, offering for sale, | 90933 |
| or dealing in motor vehicles even though industrialized units, as | 90934 |
| defined by section 3781.06 of the Revised Code, are brokered, | 90935 |
| sold, displayed, offered for sale, or dealt at the same place of | 90936 |
| business. | 90937 |
| (4) If the licensed manufactured housing dealer is a | 90938 |
| manufactured home park operator, then all of the following apply: | 90939 |
| (a) An established place of business that is located in the | 90940 |
| operator's manufactured home park and that is used for selling, | 90941 |
| leasing, and renting manufactured homes and mobile homes in that | 90942 |
| manufactured home park is considered to be used exclusively for | 90943 |
| that purpose even though rent and other activities related to the | 90944 |
| operation of the manufactured home park take place at the same | 90945 |
| location or office. | 90946 |
| (b) The dealer's established place of business in the | 90947 |
| manufactured home park shall be staffed by someone licensed and | 90948 |
| regulated under this chapter who could reasonably assist any | 90949 |
| retail customer with or without an appointment, but such | 90950 |
| established place of business need not satisfy office size, | 90951 |
| display lot size, and physical barrier requirements applicable to | 90952 |
| other used motor vehicle dealers. | 90953 |
| (c) The manufactured and mobile homes being offered for sale, | 90954 |
| lease, or rental by the dealer may be located on individual rental | 90955 |
| lots inside the operator's manufactured home park. | 90956 |
| (C) Nothing in this chapter shall be construed as prohibiting | 90957 |
| the sale of a new or used manufactured or mobile home located in a | 90958 |
| manufactured home park by a licensed manufactured housing dealer. | 90959 |
| (D) Nothing in this section shall be construed to prohibit | 90960 |
| persons licensed under this chapter from making sales calls. | 90961 |
| (E)(1) This chapter does not apply to mortgagees selling at | 90962 |
| retail only those manufactured homes or mobile homes that have | 90963 |
| come into their possession by a default in the terms of a mortgage | 90964 |
| contract. | 90965 |
| (2) When a partnership licensed under sections 4517.01 to | 90966 |
| 4517.45 of the Revised Code is dissolved by death, the surviving | 90967 |
| partners may operate under the manufactured housing dealer license | 90968 |
| for a period of sixty days, and the heirs or representatives of | 90969 |
| deceased persons and receivers or trustees in bankruptcy appointed | 90970 |
| by any competent authority may operate under the license of the | 90971 |
| person succeeded in possession by that heir, representative, | 90972 |
| receiver, or trustee in bankruptcy. | 90973 |
| Sec. 4781.17. (A) Each person applying for a manufactured | 90974 |
| housing dealer's license or manufactured housing broker's license | 90975 |
| shall complete and deliver to the manufactured homes commission, | 90976 |
| before the first day of April, a separate application for license | 90977 |
| for each county in which the business of selling manufactured or | 90978 |
| mobile homes is to be conducted. The application shall be in the | 90979 |
| form prescribed by the commission and accompanied by the fee | 90980 |
| established by the commission. The applicant shall sign and swear | 90981 |
| to the application that shall include all of the following: | 90982 |
| (1) Name of applicant and location of principal place of | 90983 |
| business; | 90984 |
| (2) Name or style under which business is to be conducted | 90985 |
| and, if a corporation, the state of incorporation; | 90986 |
| (3) Name and address of each owner or partner and, if a | 90987 |
| corporation, the names of the officers and directors; | 90988 |
| (4) The county in which the business is to be conducted and | 90989 |
| the address of each place of business therein; | 90990 |
| (5) A statement of the previous history, record, and | 90991 |
| association of the applicant and of each owner, partner, officer, | 90992 |
| and director, that is sufficient to establish to the satisfaction | 90993 |
| of the commission the reputation in business of the applicant; | 90994 |
| (6) A statement showing whether the applicant has previously | 90995 |
| applied for a manufactured housing dealer's license, manufactured | 90996 |
| housing broker's license, manufactured housing salesperson's | 90997 |
| license, or, prior to July 1, 2010, a motor vehicle dealer's | 90998 |
| license, manufactured home broker's license, or motor vehicle | 90999 |
| salesperson's license, and the result of the application, and | 91000 |
| whether the applicant has ever been the holder of any such license | 91001 |
| that was revoked or suspended; | 91002 |
| (7) If the applicant is a corporation or partnership, a | 91003 |
| statement showing whether any partner, employee, officer, or | 91004 |
| director has been refused a manufactured housing dealer's license, | 91005 |
| manufactured housing broker's license, manufactured housing | 91006 |
| salesperson's license, or, prior to July 1, 2010, a motor vehicle | 91007 |
| dealer's license, manufactured home broker's license, or motor | 91008 |
| vehicle salesperson's license, or has been the holder of any such | 91009 |
| license that was revoked or suspended; | 91010 |
| (8) Any other information required by the commission. | 91011 |
| (B)Each person applying for a manufactured housing | 91012 |
| salesperson's license shall complete and deliver to the | 91013 |
| manufactured homes commission before the first day of July an | 91014 |
| application for license. The application shall be in the form | 91015 |
| prescribed by the commission and shall be accompanied by the fee | 91016 |
| established by the commission. The applicant shall sign and swear | 91017 |
| to the application that shall include all of the following: | 91018 |
| (1) Name and post-office address of the applicant; | 91019 |
| (2) Name and post-office address of the manufactured housing | 91020 |
| dealer or manufactured housing broker for whom the applicant | 91021 |
| intends to act as salesperson; | 91022 |
| (3) A statement of the applicant's previous history, record, | 91023 |
| and association, that is sufficient to establish to the | 91024 |
| satisfaction of the commission the applicant's reputation in | 91025 |
| business; | 91026 |
| (4) A statement as to whether the applicant intends to engage | 91027 |
| in any occupation or business other than that of a manufactured | 91028 |
| housing salesperson; | 91029 |
| (5) A statement as to whether the applicant has ever had any | 91030 |
| previous application for a manufactured housing salesperson | 91031 |
| license refused or, prior to July 1, 2010, any application for a | 91032 |
| motor vehicle salesperson license refused, and whether the | 91033 |
| applicant has previously had a manufactured housing salesperson or | 91034 |
| motor vehicle salesperson license revoked or suspended; | 91035 |
| (6) A statement as to whether the applicant was an employee | 91036 |
| of or salesperson for a manufactured housing dealer or | 91037 |
| manufactured housing broker whose license was suspended or | 91038 |
| revoked; | 91039 |
| (7) A statement of the manufactured housing dealer or | 91040 |
| manufactured housing broker named therein, designating the | 91041 |
| applicant as the dealer's or broker's salesperson; | 91042 |
| (8) Any other information required by the commission. | 91043 |
| (C) Any application for a manufactured housing dealer or | 91044 |
| manufactured housing broker delivered to the commission under this | 91045 |
| section also shall be accompanied by a photograph, as prescribed | 91046 |
| by the commission, of each place of business operated, or to be | 91047 |
| operated, by the applicant. | 91048 |
| (D) The manufactured homes commission shall deposit all | 91049 |
| license fees into the state treasury to the credit of the | 91050 |
| occupational licensing and regulatory fund. | 91051 |
| Sec. 4781.18. (A) The manufactured homes commission shall | 91052 |
| deny the application of any person for a license as a manufactured | 91053 |
| housing dealer or manufactured housing broker and refuse to issue | 91054 |
| the license if the commission finds that any of the following is | 91055 |
| true of the applicant: | 91056 |
| (1) The applicant has made any false statement of a material | 91057 |
| fact in the application. | 91058 |
| (2) The applicant has not complied with this chapter or the | 91059 |
| rules adopted by the commission under this chapter. | 91060 |
| (3) The applicant is of bad business repute or has habitually | 91061 |
| defaulted on financial obligations. | 91062 |
| (4) The applicant has been guilty of a fraudulent act in | 91063 |
| connection with selling or otherwise dealing in manufactured | 91064 |
| housing or in connection with brokering manufactured housing. | 91065 |
| (5) The applicant has entered into or is about to enter into | 91066 |
| a contract or agreement with a manufacturer or distributor of | 91067 |
| manufactured homes that is contrary to the requirements of this | 91068 |
| chapter. | 91069 |
| (6) The applicant is insolvent. | 91070 |
| (7) The applicant is of insufficient responsibility to ensure | 91071 |
| the prompt payment of any final judgments that might reasonably be | 91072 |
| entered against the applicant because of the transaction of | 91073 |
| business as a manufactured housing dealer or manufactured housing | 91074 |
| broker during the period of the license applied for, or has failed | 91075 |
| to satisfy any such judgment. | 91076 |
| (8) The applicant has no established place of business that, | 91077 |
| where applicable, is used or will be used for the purpose of | 91078 |
| selling, displaying, offering for sale or dealing in manufactured | 91079 |
| housing at the location for which application is made. | 91080 |
| (9) Within less than twelve months prior to making | 91081 |
| application, the applicant has been denied a manufactured housing | 91082 |
| dealer's license or manufactured housing broker's license, or has | 91083 |
| any such license revoked. | 91084 |
| (B) The commission shall deny the application of any person | 91085 |
| for a license as a salesperson and refuse to issue the license if | 91086 |
| the commission finds that any of the following is true of the | 91087 |
| applicant: | 91088 |
| (1) The applicant has made any false statement of a material | 91089 |
| fact in the application. | 91090 |
| (2) The applicant has not complied with this chapter or the | 91091 |
| rules adopted by the commission under this chapter. | 91092 |
| (3) The applicant is of bad business repute or has habitually | 91093 |
| defaulted on financial obligations. | 91094 |
| (4) The applicant has been guilty of a fraudulent act in | 91095 |
| connection with selling or otherwise dealing in manufactured | 91096 |
| housing. | 91097 |
| (5) The applicant has not been designated to act as | 91098 |
| salesperson for a manufactured housing dealer or manufactured | 91099 |
| housing broker licensed to do business in this state under this | 91100 |
| chapter, or intends to act as salesperson for more than one | 91101 |
| licensed manufactured housing dealer or manufactured housing | 91102 |
| broker at the same time, unless the licensed dealership is owned | 91103 |
| or operated by the same corporation, regardless of the county in | 91104 |
| which the dealership's facility is located. | 91105 |
| (6) The applicant holds a current manufactured housing | 91106 |
| dealer's or manufactured housing broker's license issued under | 91107 |
| this chapter, and intends to act as salesperson for another | 91108 |
| licensed manufactured housing dealer or manufactured housing | 91109 |
| broker. | 91110 |
| (7) Within less than twelve months prior to making | 91111 |
| application, the applicant has been denied a salesperson's license | 91112 |
| or had a salesperson's license revoked. | 91113 |
| (8) The applicant was salesperson for, or in the employ of, a | 91114 |
| manufactured housing dealer or manufactured housing broker at the | 91115 |
| time the dealer's or broker's license was revoked. | 91116 |
| (C) If an applicant for a manufactured housing dealer or | 91117 |
| manufactured housing broker's license is a corporation or | 91118 |
| partnership, the commission may refuse to issue a license if any | 91119 |
| officer, director, or partner of the applicant has been guilty of | 91120 |
| any act or omission that would be cause for refusing or revoking a | 91121 |
| license issued to such officer, director, or partner as an | 91122 |
| individual. The commission's finding may be based upon facts | 91123 |
| contained in the application or upon any other information the | 91124 |
| commission may have. | 91125 |
| (D) Notwithstanding division (A)(4) of this section, the | 91126 |
| commission shall not deny the application of any person and refuse | 91127 |
| to issue a license if the commission finds that the applicant is | 91128 |
| engaged or will engage in the business of selling at retail any | 91129 |
| new manufactured homes and demonstrates that the applicant has | 91130 |
| posted a bond, surety, or certificate of deposit with the | 91131 |
| commission in an amount not less than one hundred thousand dollars | 91132 |
| for the protection and benefit of the applicant's customers. | 91133 |
| (E) A decision made by the commission under this section may | 91134 |
| be based upon any statement contained in the application or upon | 91135 |
| any facts within the commission's knowledge. | 91136 |
| (F) Immediately upon denying an application for any of the | 91137 |
| reasons in this section, the commission shall enter a final order | 91138 |
| together with the commission's findings. If the application is | 91139 |
| denied by the executive director of the commission under authority | 91140 |
| of section 4781.05 of the Revised Code, the executive director | 91141 |
| shall enter a final order together with the director's findings | 91142 |
| and certify the same to the commission. The commission shall issue | 91143 |
| to the applicant a written notice of refusal to grant a license | 91144 |
| that shall disclose the reason for refusal. | 91145 |
| Sec. 4781.19. (A) At the time the manufactured homes | 91146 |
| commission grants the application of any person for a license as a | 91147 |
| manufactured housing dealer, manufactured housing broker, or | 91148 |
| manufactured housing salesperson, the commission shall issue to | 91149 |
| the person a license that includes the name and post-office | 91150 |
| address of the person licensed. If a manufactured housing dealer | 91151 |
| or manufactured housing broker has more than one place of business | 91152 |
| in a county, the dealer or broker shall make application, in such | 91153 |
| form as the commission prescribes, for a certified copy of the | 91154 |
| license issued to the dealer or broker for each place of business | 91155 |
| in the county. | 91156 |
| (B) The commission may require each applicant for a | 91157 |
| manufactured housing dealer's license, manufactured housing | 91158 |
| broker's license, and manufactured housing salesperson's license | 91159 |
| issued under this chapter to pay an additional fee, which shall be | 91160 |
| used by the commission to pay the costs of obtaining a record of | 91161 |
| any arrests and convictions of the applicant from the bureau of | 91162 |
| identification and investigation. The amount of the fee shall be | 91163 |
| equal to that paid by the commission to obtain such record. | 91164 |
| (C) In the event of the loss, mutilation, or destruction of a | 91165 |
| manufactured housing dealer's license, manufactured housing | 91166 |
| broker's license, or manufactured housing salesperson's license, | 91167 |
| any licensee may make application to the commission, in the form | 91168 |
| prescribed by the commission, for a duplicate copy thereof and pay | 91169 |
| a fee established by the commission. | 91170 |
| (D) All manufactured housing dealers' licenses, all | 91171 |
| manufactured housing brokers' licenses, and all manufactured | 91172 |
| housing salespersons' licenses issued or renewed shall expire | 91173 |
| biennially on a day within the two-year cycle that is prescribed | 91174 |
| by the manufactured homes commission, unless sooner suspended or | 91175 |
| revoked. Before the first day after the day prescribed by the | 91176 |
| commission in the year that the license expires, each licensed | 91177 |
| manufactured housing dealer, manufactured housing broker, and | 91178 |
| manufactured housing salesperson, in the year in which the license | 91179 |
| will expire, shall file an application, in such form as the | 91180 |
| commission prescribes, for the renewal of such license. The fee | 91181 |
| required by this section for the original license shall accompany | 91182 |
| the application. | 91183 |
| (E) Each manufactured housing dealer and manufactured housing | 91184 |
| broker shall keep the license or a certified copy thereof and a | 91185 |
| current list of the dealer's or the broker's licensed | 91186 |
| salespersons, showing the names, addresses, and serial numbers of | 91187 |
| their licenses, posted in a conspicuous place in each place of | 91188 |
| business. Each salesperson shall carry the salesperson's license | 91189 |
| or a certified copy thereof and shall exhibit such license or copy | 91190 |
| upon demand to any inspector of the commission, state highway | 91191 |
| patrol trooper, police officer, or person with whom the | 91192 |
| salesperson seeks to transact business as a manufactured housing | 91193 |
| salesperson. | 91194 |
| Sec. 4781.20. The applications for licenses submitted under | 91195 |
| section 4781.17 of the Revised Code are not part of the public | 91196 |
| records but are confidential information for the use of the | 91197 |
| manufactured homes commission. No person shall divulge any | 91198 |
| information contained in such applications and acquired by the | 91199 |
| person in the person's capacity as an official or employee of the | 91200 |
| manufactured homes commission, except in a report to the | 91201 |
| commission, or when called upon to testify in any court or | 91202 |
| proceeding. | 91203 |
| Sec. 4781.21. (A) The manufactured homes commission may make | 91204 |
| rules governing its actions relative to the suspension and | 91205 |
| revocation of manufactured housing dealers', manufactured housing | 91206 |
| brokers', and manufactured housing salespersons' licenses, and | 91207 |
| may, upon its own motion, and shall, upon the verified complaint | 91208 |
| in writing of any person, investigate the conduct of any licensee | 91209 |
| under this chapter. The commission shall suspend, revoke, or | 91210 |
| refuse to renew any manufactured housing dealer's, manufactured | 91211 |
| housing broker's, or manufactured housing salesperson's license, | 91212 |
| if any ground existed upon which the license might have been | 91213 |
| refused, or if a ground exists that would be cause for refusal to | 91214 |
| issue a license. | 91215 |
| The commission may suspend or revoke any license if the | 91216 |
| licensee has in any manner violated the rules adopted by the | 91217 |
| commission under this chapter, or has been convicted of committing | 91218 |
| a felony or violating any law that in any way relates to the | 91219 |
| selling, taxing, licensing, or regulation of sales of manufactured | 91220 |
| or mobile homes. | 91221 |
| (B) Any salesperson's license shall be suspended upon the | 91222 |
| termination, suspension, or revocation of the license of the | 91223 |
| manufactured housing dealer or manufactured housing broker for | 91224 |
| whom the salesperson is acting, or upon the salesperson leaving | 91225 |
| the service of the manufactured housing dealer or manufactured | 91226 |
| housing broker. Upon the termination, suspension, or revocation of | 91227 |
| the license of the manufactured housing dealer or manufactured | 91228 |
| housing broker for whom the salesperson is acting, or upon the | 91229 |
| salesperson leaving the service of a licensed manufactured housing | 91230 |
| or manufactured housing broker, the licensed salesperson may make | 91231 |
| application to the commission, in such form as the commission | 91232 |
| prescribes, to have the salesperson's license reinstated, | 91233 |
| transferred, and registered as a salesperson for another dealer or | 91234 |
| broker. If the information contained in the application is | 91235 |
| satisfactory to the commission, the commission shall reinstate, | 91236 |
| transfer, or register the salesperson's license as a salesperson | 91237 |
| for other dealer or broker. The commission shall establish the fee | 91238 |
| for the reinstatement and transfer of license. No license issued | 91239 |
| to a dealer, broker, or salesperson under this chapter may be | 91240 |
| transferred to any other person. | 91241 |
| (C) Any person whose manufactured housing dealer's license, | 91242 |
| manufactured housing broker's license, or manufactured housing | 91243 |
| salesperson's license is revoked, suspended, denied, or not | 91244 |
| renewed may request an adjudication hearing on the matter within | 91245 |
| thirty days after receipt of the notice of the action. If no | 91246 |
| appeal is taken within thirty days after receipt of the order, the | 91247 |
| order is final and conclusive. All appeals must be by petition in | 91248 |
| writing and verified under oath by the applicant whose application | 91249 |
| for license has been revoked, suspended, denied, or not renewed | 91250 |
| and must set forth the reason for the appeal and the reason why, | 91251 |
| in the petitioner's opinion, the order is not correct. In such | 91252 |
| appeals the board may make investigation to determine the | 91253 |
| correctness and legality of the appealed order. The hearing shall | 91254 |
| be held in accordance with Chapter 119. of the Revised Code. | 91255 |
| Sec. 4781.22. No manufactured housing dealer licensed under | 91256 |
| this chapter shall do any of the following: | 91257 |
| (A) Directly or indirectly, solicit the sale of a | 91258 |
| manufactured home or mobile home through an interested person | 91259 |
| other than a salesperson licensed in the employ of a licensed | 91260 |
| dealer; | 91261 |
| (B) Pay any commission or compensation in any form to any | 91262 |
| person in connection with the sale of a manufactured home or | 91263 |
| mobile home unless the person is licensed as a salesperson in the | 91264 |
| employ of the dealer; | 91265 |
| (C) Fail to immediately notify the manufactured homes | 91266 |
| commission upon termination of the employment of any person | 91267 |
| licensed as a salesperson to sell, display, offer for sale, or | 91268 |
| deal in manufactured homes or mobile homes for the dealer. | 91269 |
| Sec. 4781.23. (A) Each licensed manufactured housing dealer | 91270 |
| and manufactured housing broker shall notify the manufactured | 91271 |
| homes commission of any change in status as a manufactured housing | 91272 |
| dealer or manufactured housing broker during the period for which | 91273 |
| the dealer or broker is licensed, if the change of status concerns | 91274 |
| either of the following: | 91275 |
| (1) Personnel of owners, partners, officers, or directors; | 91276 |
| (2) Location of an office or principal place of business. | 91277 |
| (B) The notification required by division (A) of this section | 91278 |
| shall be made by filing with the commission, within fifteen days | 91279 |
| after the change of status, a supplemental statement in a form | 91280 |
| prescribed by the commission showing in what respect the status | 91281 |
| has been changed. | 91282 |
| The commission may adopt a rule exempting from the | 91283 |
| notification requirement of division (A)(1) of this section any | 91284 |
| dealer if stock in the dealer or its parent company is publicly | 91285 |
| traded and if there are public records filed with and in the | 91286 |
| possession of state or federal agencies that provide the | 91287 |
| information required by division (A)(1) of this section. | 91288 |
| Sec. 4781.24. (A) Every retail sale of a manufactured home | 91289 |
| or mobile home shall be preceded by a written contract that shall | 91290 |
| contain all of the agreements of the parties and shall be signed | 91291 |
| by the buyer and the seller. The seller, upon execution of the | 91292 |
| contract and before the delivery of the manufactured or mobile | 91293 |
| home, shall deliver to the buyer a copy of the contract that shall | 91294 |
| clearly describe all of the following: | 91295 |
| (1) The home sold to the buyer, including, where applicable, | 91296 |
| its vehicle identification number; | 91297 |
| (2) The sale price of the home, and, if applicable, the | 91298 |
| amount paid down by the buyer; | 91299 |
| (3) The amount credited to the buyer for any trade-in and a | 91300 |
| description thereof; | 91301 |
| (4) The amount of any finance charge; | 91302 |
| (5) The amount charged for any home insurance and a statement | 91303 |
| of the types of insurance provided by the policy or policies; | 91304 |
| (6) The amount of any other charge and a specification of its | 91305 |
| purpose; | 91306 |
| (7) The net balance of payment due from the buyer including | 91307 |
| the terms of the payment of the net balance. | 91308 |
| (B) A manufactured housing dealer may contract for and | 91309 |
| receive a documentary service charge for a retail sale of a | 91310 |
| manufactured home or mobile home. The documentary service charge | 91311 |
| shall be specified in writing without itemization of the | 91312 |
| individual services provided and shall not be more than the lesser | 91313 |
| of the following: | 91314 |
| (1) The amount allowed in a retail installment contract; | 91315 |
| (2) Ten per cent of the amount the buyer is required to pay | 91316 |
| pursuant to the contract, excluding tax, title, and registration | 91317 |
| fees, and any negative equity adjustment. | 91318 |
| (C) This section does not apply to a casual sale of a | 91319 |
| manufactured home or mobile home. | 91320 |
| Sec. 4781.25. The manufactured homes commission shall adopt | 91321 |
| rules for the regulation of manufactured housing brokers in | 91322 |
| accordance with Chapter 119. of the Revised Code. The rules shall | 91323 |
| require that a manufactured housing broker maintain a bond of a | 91324 |
| surety company authorized to transact business in this state in an | 91325 |
| amount determined by the commission. The rules also shall require | 91326 |
| each person licensed as a manufactured housing broker to maintain | 91327 |
| at all times a special or trust bank account that is | 91328 |
| noninterest-bearing, is separate and distinct from any personal or | 91329 |
| other account of the broker, and into which shall be deposited and | 91330 |
| maintained all escrow funds, security deposits, and other moneys | 91331 |
| received by the broker in a fiduciary capacity. In a form | 91332 |
| determined by the commission, a manufactured housing broker shall | 91333 |
| submit written proof to the commission of the continued | 91334 |
| maintenance of the special or trust account. A depository where | 91335 |
| special or trust accounts are maintained in accordance with this | 91336 |
| section shall be located in this state. | 91337 |
| Sec. 4781.99. (A) Whoever violates division (A) of section | 91338 |
| 4781.16 of the Revised Code is guilty of a minor misdemeanor on a | 91339 |
| first offense and shall be subject to a mandatory fine of one | 91340 |
| hundred dollars. On a second offense, the person is guilty of a | 91341 |
| misdemeanor of the first degree and shall be subject to a | 91342 |
| mandatory fine of one thousand dollars. | 91343 |
| (B) Whoever violates section 4781.20 of the Revised Code is | 91344 |
| guilty of a minor misdemeanor. | 91345 |
| (C) Whoever violates any of the following is guilty of a | 91346 |
| misdemeanor of the fourth degree: | 91347 |
| (1) Division (B) or (C) of section 4781.16 of the Revised | 91348 |
| Code; | 91349 |
| (2) Section 4781.22 of the Revised Code; | 91350 |
| (3) Section 4781.23 of the Revised Code; | 91351 |
| (4) Division (A) of section 4781.24 of the Revised Code; | 91352 |
| (5) Section 4781.25 of the Revised Code. | 91353 |
| Sec. 4905.06. The public utilities commission has general | 91354 |
| supervision over all public utilities within its jurisdiction as | 91355 |
| defined in section 4905.05 of the Revised Code, and may examine | 91356 |
| such public utilities and keep informed as to their general | 91357 |
| condition, capitalization, and franchises, and as to the manner in | 91358 |
| which their properties are leased, operated, managed, and | 91359 |
| conducted with respect to the adequacy or accommodation afforded | 91360 |
| by their service, the safety and security of the public and their | 91361 |
| employees, and their compliance with all laws, orders of the | 91362 |
| commission, franchises, and charter requirements. The commission | 91363 |
| has general supervision over all other companies referred to in | 91364 |
| section 4905.05 of the Revised Code to the extent of its | 91365 |
| jurisdiction as defined in that section, and may examine such | 91366 |
| companies and keep informed as to their general condition and | 91367 |
| capitalization, and as to the manner in which their properties are | 91368 |
| leased, operated, managed, and conducted with respect to the | 91369 |
| adequacy or accommodation afforded by their service, and their | 91370 |
| compliance with all laws and orders of the commission, insofar as | 91371 |
| any of such matters may relate to the costs associated with the | 91372 |
| provision of electric utility service by public utilities in this | 91373 |
| state which are affiliated or associated with such companies. The | 91374 |
| commission, through the public utilities commissioners or | 91375 |
| inspectors or employees of the commission authorized by it, may | 91376 |
| enter in or upon, for purposes of inspection, any property, | 91377 |
| equipment, building, plant, factory, office, apparatus, machinery, | 91378 |
| device, and lines of any public utility. The power to inspect | 91379 |
| includes the power to prescribe any rule or order that the | 91380 |
| commission finds necessary for protection of the public safety. In | 91381 |
| order to assist the commission in the performance of its duties | 91382 |
| under this chapter, authorized employees of the motor carrier | 91383 |
| enforcement unit, created under section 5503.34 of the Revised | 91384 |
| Code in the division of state highway patrol, of the department of | 91385 |
| public safety may enter in or upon, for inspection purposes, any | 91386 |
| motor vehicle of any motor transportation company or private motor | 91387 |
| carrier as defined in section 4923.02 of the Revised Code. | 91388 |
| In order to inspect motor vehicles owned or operated by a | 91389 |
| motor transportation company engaged in the transportation of | 91390 |
| persons, authorized employees of the motor carrier enforcement | 91391 |
| unit, division of state highway patrol, of the department of | 91392 |
| public safety and authorized sheriffs, deputy sheriffs, and | 91393 |
| municipal police officers acting pursuant to section 311.32 or | 91394 |
| 737.39 of the Revised Code and in accordance with memoranda of | 91395 |
| agreement entered into under section 4919.80 of the Revised Code | 91396 |
| may enter in or upon any property of any motor transportation | 91397 |
| company, as defined in section 4921.02 of the Revised Code, | 91398 |
| engaged in the intrastate transportation of persons. | 91399 |
| Sec. 4919.79. (A) The public utilities commission may adopt | 91400 |
| safety rules applicable to the highway transportation and offering | 91401 |
| for transportation of hazardous materials in interstate commerce, | 91402 |
| which highway transportation takes place into or through this | 91403 |
| state. | 91404 |
| (B) The commission may adopt safety rules applicable to the | 91405 |
| highway transportation of persons or property in interstate | 91406 |
| commerce, which transportation takes place into or through this | 91407 |
| state. | 91408 |
| (C) Rules adopted under divisions (A) and (B) of this section | 91409 |
| shall be consistent with, and equivalent in scope, coverage, and | 91410 |
| content to, the "Hazardous Materials Transportation Act," 88 Stat. | 91411 |
| 2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted | 91412 |
| under it, and the "Motor Carrier Safety Act of 1984," 98 Stat. | 91413 |
| 2832, 49 U.S.C.A. 2501, and regulations adopted under it, | 91414 |
| respectively. No person shall violate a rule adopted under | 91415 |
| division (A) or (B) of this section or any order of the commission | 91416 |
| issued to secure compliance with any such rule. | 91417 |
| (D) The commission shall cooperate with, and permit the use | 91418 |
| of, the services, records, and facilities of the commission as | 91419 |
| fully as practicable by appropriate officers of the interstate | 91420 |
| commerce commission, the United States department of | 91421 |
| transportation, and other federal agencies or commissions and | 91422 |
| appropriate commissions of other states in the enforcement and | 91423 |
| administration of state and federal laws relating to highway | 91424 |
| transportation by motor vehicles. The commission may enter into | 91425 |
| cooperative agreements with the interstate commerce commission, | 91426 |
| the United States department of transportation, and any other | 91427 |
| federal agency or commission to enforce the economic and safety | 91428 |
| laws and rules of this state and of the United States concerning | 91429 |
| highway transportation by motor vehicles. All grants-in-aid, cash, | 91430 |
| and reimbursements received by the commission pursuant to those | 91431 |
| cooperative agreements shall be deposited to the credit of the | 91432 |
| motor carrier safety fund, which is hereby created in the state | 91433 |
| treasury, to be used by the commission for the purpose of carrying | 91434 |
| out this section. | 91435 |
| (E) To achieve the purposes of this section, the commission, | 91436 |
| through its inspectors or other authorized employees, may inspect | 91437 |
| any vehicles of carriers of persons or property in interstate | 91438 |
| commerce subject to the safety rules prescribed by this section | 91439 |
| and may enter upon the premises and vehicles of such carriers to | 91440 |
| examine any of the carriers' records or documents that relate to | 91441 |
| the safety of operation of such carriers. In order to assist the | 91442 |
| commission in the performance of its duties under this section, | 91443 |
| authorized employees of the motor carrier enforcement unit, | 91444 |
| created under section 5503.34 of the Revised Code in the division | 91445 |
| of state highway patrol, of the department of public safety and | 91446 |
| authorized sheriffs, deputy sheriffs, and municipal police | 91447 |
| officers acting pursuant to section 311.32 or 737.39 of the | 91448 |
| Revised Code and in accordance with memoranda of agreement entered | 91449 |
| into under section 4919.80 of the Revised Code may enter in or | 91450 |
| upon, for purposes of inspection, any vehicle of any such carrier. | 91451 |
| In order to inspect motor vehicles owned or operated by | 91452 |
| private motor carriers of persons, authorized employees of the | 91453 |
| motor carrier enforcement unit, division of state highway patrol, | 91454 |
| of the department of public safety may enter in or upon the | 91455 |
| premises of any private carrier of persons in interstate commerce, | 91456 |
| subject to the safety rules prescribed by this section. | 91457 |
| Sec. 4919.80. (A) The public utilities commission shall | 91458 |
| adopt any rules it finds necessary regarding sheriff, deputy | 91459 |
| sheriff, and municipal police officer authority under sections | 91460 |
| 311.32 and 737.39 of the Revised Code. The rules shall include all | 91461 |
| of the following: | 91462 |
| (1) Specification of the form, manner, and time in which any | 91463 |
| violation cited pursuant to either such section must be forwarded | 91464 |
| to the commission; | 91465 |
| (2) Specification of the training, education, and | 91466 |
| certification required to act under those sections; | 91467 |
| (3) The eligibility of, and procedures to be followed by, the | 91468 |
| legislative authority of a county or municipal corporation to | 91469 |
| apply to the commission for reimbursement only of training and | 91470 |
| equipment costs incurred by the county or municipal corporation | 91471 |
| pursuant to section 311.32 or 737.39 of the Revised Code. | 91472 |
| (B) The commission shall establish a memorandum of agreement, | 91473 |
| and the procedures for entering into that memorandum, between the | 91474 |
| commission and the legislative authority of a county or municipal | 91475 |
| corporation in relation to enforcement under sections 311.32 and | 91476 |
| 737.39 of the Revised Code. | 91477 |
| (C) All forfeitures collected pursuant to section 311.32 or | 91478 |
| 737.39 of the Revised Code shall be deposited to the credit of the | 91479 |
| local commercial motor vehicle enforcement fund, which is hereby | 91480 |
| created in the state treasury. An amount not exceeding the first | 91481 |
| two hundred thousand dollars of forfeitures so deposited in a | 91482 |
| fiscal year shall be used by the commission for the administration | 91483 |
| of the fund and to carry out its duties under this section. Any | 91484 |
| excess forfeitures not exceeding one million two hundred thousand | 91485 |
| dollars deposited in the fiscal year shall be distributed by the | 91486 |
| commission to the legislative authority of any county or municipal | 91487 |
| corporation upon application pursuant to the rules adopted under | 91488 |
| division (A)(3) of this section. All forfeitures collected and | 91489 |
| equal to or greater than one million two hundred thousand dollars | 91490 |
| in a fiscal year shall be deposited to the credit of the general | 91491 |
| revenue fund. | 91492 |
| Sec. 4923.12. (A) The taxes imposed by sections 4921.18 and | 91493 |
| 4923.11 of the Revised Code shall be paid to the treasurer of | 91494 |
| state. The first received remittances of the taxes in each fiscal | 91495 |
| year shall be credited to the public utilities fund until the | 91496 |
| aggregate credit from the taxes, and from the fees collected under | 91497 |
| division (B) of this section, in a fiscal year amounts to a sum | 91498 |
| equal to the appropriation from the public utilities fund made by | 91499 |
| the general assembly for defraying all expenses incident to | 91500 |
| maintaining the nonrailroad transportation activities of the | 91501 |
| public utilities commission. Receipt of the taxes subsequent | 91502 |
| thereto, after receipt by the treasurer of state of certifications | 91503 |
| from the commissioners of the sinking fund certifying, as required | 91504 |
| by sections 5528.15 and 5528.35 of the Revised Code, that there | 91505 |
| are sufficient moneys to the credit of the highway improvement | 91506 |
| bond retirement fund created by section 5528.12 of the Revised | 91507 |
| Code to meet in full all payments of interest, principal, and | 91508 |
| charges for the retirement of bonds and other obligations issued | 91509 |
| pursuant to Section 2g of Article VIII, Ohio Constitution and | 91510 |
| sections 5528.10 and 5528.11 of the Revised Code, due and payable | 91511 |
| during the current calendar year, and that there are sufficient | 91512 |
| moneys to the credit of the highway obligations bond retirement | 91513 |
| fund created by section 5528.32 of the Revised Code to meet in | 91514 |
| full all payments of interest, principal, and charges for the | 91515 |
| retirement of highway obligations issued pursuant to Section 2i of | 91516 |
| Article VIII, Ohio Constitution and sections 5528.30 and 5528.31 | 91517 |
| of the Revised Code due and payable during the current calendar | 91518 |
| year, shall be paid into the state treasury to the credit of the | 91519 |
| state highway safety fund created by section 4501.06 of the | 91520 |
| Revised Code, and shall be subject to appropriation solely for the | 91521 |
| expense of operation and maintenance of the department of public | 91522 |
| safety. | 91523 |
| (B) The fees set by the commission in accordance with | 91524 |
| sections 4919.76 and 4919.77 of the Revised Code shall be credited | 91525 |
| to the public utilities fund except for those fees collected on | 91526 |
| behalf of other states participating in the single state insurance | 91527 |
| registration program, which shall be credited to the base state | 91528 |
| registration fund, which is hereby created in the state treasury. | 91529 |
| (C) | 91530 |
| Code, the forfeitures imposed by sections 4919.99, 4921.99, and | 91531 |
| 4923.99 of the Revised Code shall be paid to the treasurer of | 91532 |
| state. The first received remittances of the forfeitures in each | 91533 |
| fiscal year shall be credited to the transportation enforcement | 91534 |
| fund, which is hereby created in the state treasury, until the | 91535 |
| aggregate credit in the fiscal year is equal to the appropriation | 91536 |
| in the fund for the fiscal year less any outstanding unencumbered | 91537 |
| cash balance from the previous fiscal year in the fund. All | 91538 |
| forfeitures subsequently received shall be credited to the general | 91539 |
| revenue fund. The public utilities commission shall use the | 91540 |
| transportation enforcement fund to administer the civil forfeiture | 91541 |
| program of sections 4919.99, 4921.99, and 4923.99 of the Revised | 91542 |
| Code. | 91543 |
| (D) If the director of budget and management determines that | 91544 |
| the balance of the public utilities fund will be less than the | 91545 |
| appropriations from the fund, the director shall transfer from the | 91546 |
| general revenue fund to the public utilities fund an amount equal | 91547 |
| to the difference between the balance of the public utilities fund | 91548 |
| and the amount needed to support the appropriations from that | 91549 |
| fund. If the director subsequently determines that the balance and | 91550 |
| revenues of the public utilities fund during the fiscal year will | 91551 |
| exceed the amount needed to support the appropriations from the | 91552 |
| fund, the director shall transfer the excess, up to the amount of | 91553 |
| the original transfer, back to the general revenue fund. | 91554 |
| Sec. 4923.20. (A) As used in this section: | 91555 |
| (1) "Private motor carrier" has the same meaning as in | 91556 |
| section 4923.02 of the Revised Code, except that it includes only | 91557 |
| private motor carriers operating on a not-for-hire basis and | 91558 |
| excludes all private motor carriers operating on a for-hire basis. | 91559 |
| (2) "Commercial motor vehicle" has the same meaning as in the | 91560 |
| "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2701, | 91561 |
| as amended, except that "commerce" means trade, traffic, and | 91562 |
| transportation solely within this state. | 91563 |
| (B) The public utilities commission may adopt and enforce | 91564 |
| rules concerning the safety of operation of commercial motor | 91565 |
| vehicles by private motor carriers, except that the rules shall | 91566 |
| not affect any rights or duties granted to or imposed upon the | 91567 |
| operator of such a motor vehicle by Chapter 4511. of the Revised | 91568 |
| Code. | 91569 |
| (C) The commission may adopt safety rules applicable to the | 91570 |
| transportation of hazardous materials by private motor carriers by | 91571 |
| means of commercial motor vehicles and applicable to the offering | 91572 |
| of hazardous materials for such transportation. The rules shall be | 91573 |
| consistent with, and equivalent in scope, coverage, and content | 91574 |
| to, the "Hazardous Materials Transportation Act," 88 Stat. 2156 | 91575 |
| (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted | 91576 |
| under it. | 91577 |
| (D) To achieve the purposes of this section, the commission | 91578 |
| may, through inspectors or other authorized employees, inspect any | 91579 |
| motor vehicles of such carriers and may enter upon the premises | 91580 |
| and vehicles of the carriers to examine any of the carriers' | 91581 |
| records or documents that relate to the safety of operation of | 91582 |
| private motor carriers. In order to assist the commission in | 91583 |
| performing its duties under this section, authorized employees of | 91584 |
| the motor carrier enforcement unit, created under section 5503.34 | 91585 |
| of the Revised Code in the division of state highway patrol, of | 91586 |
| the department of public safety may enter in or upon, for purposes | 91587 |
| of inspection, any motor vehicle of any such carrier. | 91588 |
| In order to inspect motor vehicles owned or operated by | 91589 |
| private motor carriers engaged in the transportation of persons, | 91590 |
| authorized employees of the motor carrier enforcement unit, | 91591 |
| division of state highway patrol, of the department of public | 91592 |
| safety and authorized sheriffs, deputy sheriffs, and municipal | 91593 |
| police officers acting pursuant to section 311.32 or 737.39 of the | 91594 |
| Revised Code and in accordance with memoranda of agreement entered | 91595 |
| into under section 4919.80 of the Revised Code may enter in or | 91596 |
| upon the premises of any private motor carrier engaged in the | 91597 |
| intrastate transportation of persons. | 91598 |
| (E) No private motor carrier or person offering hazardous | 91599 |
| materials for transportation by private motor carrier shall fail | 91600 |
| to comply with any order, decision, or rule adopted under this | 91601 |
| section or any order of the commission issued to secure compliance | 91602 |
| with any such rule. | 91603 |
| Sec. 4928.01. (A) As used in this chapter: | 91604 |
| (1) "Ancillary service" means any function necessary to the | 91605 |
| provision of electric transmission or distribution service to a | 91606 |
| retail customer and includes, but is not limited to, scheduling, | 91607 |
| system control, and dispatch services; reactive supply from | 91608 |
| generation resources and voltage control service; reactive supply | 91609 |
| from transmission resources service; regulation service; frequency | 91610 |
| response service; energy imbalance service; operating | 91611 |
| reserve-spinning reserve service; operating reserve-supplemental | 91612 |
| reserve service; load following; back-up supply service; | 91613 |
| real-power loss replacement service; dynamic scheduling; system | 91614 |
| black start capability; and network stability service. | 91615 |
| (2) "Billing and collection agent" means a fully independent | 91616 |
| agent, not affiliated with or otherwise controlled by an electric | 91617 |
| utility, electric services company, electric cooperative, or | 91618 |
| governmental aggregator subject to certification under section | 91619 |
| 4928.08 of the Revised Code, to the extent that the agent is under | 91620 |
| contract with such utility, company, cooperative, or aggregator | 91621 |
| solely to provide billing and collection for retail electric | 91622 |
| service on behalf of the utility company, cooperative, or | 91623 |
| aggregator. | 91624 |
| (3) "Certified territory" means the certified territory | 91625 |
| established for an electric supplier under sections 4933.81 to | 91626 |
| 4933.90 of the Revised Code. | 91627 |
| (4) "Competitive retail electric service" means a component | 91628 |
| of retail electric service that is competitive as provided under | 91629 |
| division (B) of this section. | 91630 |
| (5) "Electric cooperative" means a not-for-profit electric | 91631 |
| light company that both is or has been financed in whole or in | 91632 |
| part under the "Rural Electrification Act of 1936," 49 Stat. 1363, | 91633 |
| 7 U.S.C. 901, and owns or operates facilities in this state to | 91634 |
| generate, transmit, or distribute electricity, or a not-for-profit | 91635 |
| successor of such company. | 91636 |
| (6) "Electric distribution utility" means an electric utility | 91637 |
| that supplies at least retail electric distribution service. | 91638 |
| (7) "Electric light company" has the same meaning as in | 91639 |
| section 4905.03 of the Revised Code and includes an electric | 91640 |
| services company, but excludes any self-generator to the extent | 91641 |
| that it consumes electricity it so produces, sells that | 91642 |
| electricity for resale, or obtains electricity from a generating | 91643 |
| facility it hosts on its premises. | 91644 |
| (8) "Electric load center" has the same meaning as in section | 91645 |
| 4933.81 of the Revised Code. | 91646 |
| (9) "Electric services company" means an electric light | 91647 |
| company that is engaged on a for-profit or not-for-profit basis in | 91648 |
| the business of supplying or arranging for the supply of only a | 91649 |
| competitive retail electric service in this state. "Electric | 91650 |
| services company" includes a power marketer, power broker, | 91651 |
| aggregator, or independent power producer but excludes an electric | 91652 |
| cooperative, municipal electric utility, governmental aggregator, | 91653 |
| or billing and collection agent. | 91654 |
| (10) "Electric supplier" has the same meaning as in section | 91655 |
| 4933.81 of the Revised Code. | 91656 |
| (11) "Electric utility" means an electric light company that | 91657 |
| has a certified territory and is engaged on a for-profit basis | 91658 |
| either in the business of supplying a noncompetitive retail | 91659 |
| electric service in this state or in the businesses of supplying | 91660 |
| both a noncompetitive and a competitive retail electric service | 91661 |
| in this state. "Electric utility" excludes a municipal electric | 91662 |
| utility or a billing and collection agent. | 91663 |
| (12) "Firm electric service" means electric service other | 91664 |
| than nonfirm electric service. | 91665 |
| (13) "Governmental aggregator" means a legislative authority | 91666 |
| of a municipal corporation, a board of township trustees, or a | 91667 |
| board of county commissioners acting as an aggregator for the | 91668 |
| provision of a competitive retail electric service under authority | 91669 |
| conferred under section 4928.20 of the Revised Code. | 91670 |
| (14) A person acts "knowingly," regardless of the person's | 91671 |
| purpose, when the person is aware that the person's conduct will | 91672 |
| probably cause a certain result or will probably be of a certain | 91673 |
| nature. A person has knowledge of circumstances when the person is | 91674 |
| aware that such circumstances probably exist. | 91675 |
| (15) "Level of funding for low-income customer energy | 91676 |
| efficiency programs provided through electric utility rates" means | 91677 |
| the level of funds specifically included in an electric utility's | 91678 |
| rates on October 5, 1999, pursuant to an order of the public | 91679 |
| utilities commission issued under Chapter 4905. or 4909. of the | 91680 |
| Revised Code and in effect on October 4, 1999, for the purpose of | 91681 |
| improving the energy efficiency of housing for the utility's | 91682 |
| low-income customers. The term excludes the level of any such | 91683 |
| funds committed to a specific nonprofit organization or | 91684 |
| organizations pursuant to a stipulation or contract. | 91685 |
| (16) "Low-income customer assistance programs" means the | 91686 |
| percentage of income payment plan program, the home energy | 91687 |
| assistance program, the home weatherization assistance program, | 91688 |
| and the targeted energy efficiency and weatherization program. | 91689 |
| (17) "Market development period" for an electric utility | 91690 |
| means the period of time beginning on the starting date of | 91691 |
| competitive retail electric service and ending on the applicable | 91692 |
| date for that utility as specified in section 4928.40 of the | 91693 |
| Revised Code, irrespective of whether the utility applies to | 91694 |
| receive transition revenues under this chapter. | 91695 |
| (18) "Market power" means the ability to impose on customers | 91696 |
| a sustained price for a product or service above the price that | 91697 |
| would prevail in a competitive market. | 91698 |
| (19) "Mercantile customer" means a commercial or industrial | 91699 |
| customer if the electricity consumed is for nonresidential use and | 91700 |
| the customer consumes more than seven hundred thousand kilowatt | 91701 |
| hours per year or is part of a national account involving multiple | 91702 |
| facilities in one or more states. | 91703 |
| (20) "Municipal electric utility" means a municipal | 91704 |
| corporation that owns or operates facilities to generate, | 91705 |
| transmit, or distribute electricity. | 91706 |
| (21) "Noncompetitive retail electric service" means a | 91707 |
| component of retail electric service that is noncompetitive as | 91708 |
| provided under division (B) of this section. | 91709 |
| (22) "Nonfirm electric service" means electric service | 91710 |
| provided pursuant to a schedule filed under section 4905.30 of the | 91711 |
| Revised Code or pursuant to an arrangement under section 4905.31 | 91712 |
| of the Revised Code, which schedule or arrangement includes | 91713 |
| conditions that may require the customer to curtail or interrupt | 91714 |
| electric usage during nonemergency circumstances upon | 91715 |
| notification by an electric utility. | 91716 |
| (23) "Percentage of income payment plan arrears" means funds | 91717 |
| eligible for collection through the percentage of income payment | 91718 |
| plan rider, but uncollected as of July 1, 2000. | 91719 |
| (24) "Person" has the same meaning as in section 1.59 of the | 91720 |
| Revised Code. | 91721 |
| (25) "Advanced energy project" means any technologies, | 91722 |
| products, activities, or management practices or strategies that | 91723 |
| facilitate the generation or use of electricity or energy and that | 91724 |
| reduce or support the reduction of energy consumption or support | 91725 |
| the production of clean, renewable energy for industrial, | 91726 |
| distribution, commercial, institutional, governmental, research, | 91727 |
| not-for-profit, or residential energy users, including, but not | 91728 |
| limited to, advanced energy resources and renewable energy | 91729 |
| resources. "Advanced energy project" also includes any project | 91730 |
| described in division (A), (B), or (C) of section 4928.621 of the | 91731 |
| Revised Code. | 91732 |
| (26) "Regulatory assets" means the unamortized net | 91733 |
| regulatory assets that are capitalized or deferred on the | 91734 |
| regulatory books of the electric utility, pursuant to an order or | 91735 |
| practice of the public utilities commission or pursuant to | 91736 |
| generally accepted accounting principles as a result of a prior | 91737 |
| commission rate-making decision, and that would otherwise have | 91738 |
| been charged to expense as incurred or would not have been | 91739 |
| capitalized or otherwise deferred for future regulatory | 91740 |
| consideration absent commission action. "Regulatory assets" | 91741 |
| includes, but is not limited to, all deferred demand-side | 91742 |
| management costs; all deferred percentage of income payment plan | 91743 |
| arrears; post-in-service capitalized charges and assets recognized | 91744 |
| in connection with statement of financial accounting standards no. | 91745 |
| 109 (receivables from customers for income taxes); future nuclear | 91746 |
| decommissioning costs and fuel disposal costs as those costs have | 91747 |
| been determined by the commission in the electric utility's most | 91748 |
| recent rate or accounting application proceeding addressing such | 91749 |
| costs; the undepreciated costs of safety and radiation control | 91750 |
| equipment on nuclear generating plants owned or leased by an | 91751 |
| electric utility; and fuel costs currently deferred pursuant to | 91752 |
| the terms of one or more settlement agreements approved by the | 91753 |
| commission. | 91754 |
| (27) "Retail electric service" means any service involved in | 91755 |
| supplying or arranging for the supply of electricity to ultimate | 91756 |
| consumers in this state, from the point of generation to the | 91757 |
| point of consumption. For the purposes of this chapter, retail | 91758 |
| electric service includes one or more of the following "service | 91759 |
| components": generation service, aggregation service, power | 91760 |
| marketing service, power brokerage service, transmission service, | 91761 |
| distribution service, ancillary service, metering service, and | 91762 |
| billing and collection service. | 91763 |
| (28) "Starting date of competitive retail electric service" | 91764 |
| means January 1, 2001. | 91765 |
| (29) "Customer-generator" means a user of a net metering | 91766 |
| system. | 91767 |
| (30) "Net metering" means measuring the difference in an | 91768 |
| applicable billing period between the electricity supplied by an | 91769 |
| electric service provider and the electricity generated by a | 91770 |
| customer-generator that is fed back to the electric service | 91771 |
| provider. | 91772 |
| (31) "Net metering system" means a facility for the | 91773 |
| production of electrical energy that does all of the following: | 91774 |
| (a) Uses as its fuel either solar, wind, biomass, landfill | 91775 |
| gas, or hydropower, or uses a microturbine or a fuel cell; | 91776 |
| (b) Is located on a customer-generator's premises; | 91777 |
| (c) Operates in parallel with the electric utility's | 91778 |
| transmission and distribution facilities; | 91779 |
| (d) Is intended primarily to offset part or all of the | 91780 |
| customer-generator's requirements for electricity. | 91781 |
| (32) "Self-generator" means an entity in this state that | 91782 |
| owns or hosts on its premises an electric generation facility | 91783 |
| that produces electricity primarily for the owner's consumption | 91784 |
| and that may provide any such excess electricity to another | 91785 |
| entity, whether the facility is installed or operated by the | 91786 |
| owner or by an agent under a contract. | 91787 |
| (33) "Rate plan" means the standard service offer in effect | 91788 |
| on the effective date of the amendment of this section by S.B. 221 | 91789 |
| of the 127th general assembly, July 31, 2008. | 91790 |
| (34) "Advanced energy resource" means any of the following: | 91791 |
| (a) Any method or any modification or replacement of any | 91792 |
| property, process, device, structure, or equipment that increases | 91793 |
| the generation output of an electric generating facility to the | 91794 |
| extent such efficiency is achieved without additional carbon | 91795 |
| dioxide emissions by that facility; | 91796 |
| (b) Any distributed generation system consisting of customer | 91797 |
| cogeneration of electricity and thermal output simultaneously, | 91798 |
| primarily to meet the energy needs of the customer's facilities; | 91799 |
| (c) Clean coal technology that includes a carbon-based | 91800 |
| product that is chemically altered before combustion to | 91801 |
| demonstrate a reduction, as expressed as ash, in emissions of | 91802 |
| nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or | 91803 |
| sulfur trioxide in accordance with the American society of testing | 91804 |
| and materials standard D1757A or a reduction of metal oxide | 91805 |
| emissions in accordance with standard D5142 of that society, or | 91806 |
| clean coal technology that includes the design capability to | 91807 |
| control or prevent the emission of carbon dioxide, which design | 91808 |
| capability the commission shall adopt by rule and shall be based | 91809 |
| on economically feasible best available technology or, in the | 91810 |
| absence of a determined best available technology, shall be of | 91811 |
| the highest level of economically feasible design capability for | 91812 |
| which there exists generally accepted scientific opinion; | 91813 |
| (d) Advanced nuclear energy technology consisting of | 91814 |
| generation III technology as defined by the nuclear regulatory | 91815 |
| commission; other, later technology; or significant improvements | 91816 |
| to existing facilities; | 91817 |
| (e) Any fuel cell used in the generation of electricity, | 91818 |
| including, but not limited to, a proton exchange membrane fuel | 91819 |
| cell, phosphoric acid fuel cell, molten carbonate fuel cell, or | 91820 |
| solid oxide fuel cell; | 91821 |
| (f) Advanced solid waste or construction and demolition | 91822 |
| debris conversion technology, including, but not limited to, | 91823 |
| advanced stoker technology, and advanced fluidized bed | 91824 |
| gasification technology, that results in measurable greenhouse | 91825 |
| gas emissions reductions as calculated pursuant to the United | 91826 |
| States environmental protection agency's waste reduction model | 91827 |
| (WARM). | 91828 |
| (g) Demand-side management and any energy efficiency | 91829 |
| improvement; | 91830 |
| (h) Methane gas emitted from an operating or abandoned coal | 91831 |
| mine. | 91832 |
| (35) "Renewable energy resource" means solar photovoltaic or | 91833 |
| solar thermal energy, wind energy, power produced by a | 91834 |
| hydroelectric facility, geothermal energy, fuel derived from | 91835 |
| solid wastes, as defined in section 3734.01 of the Revised Code, | 91836 |
| through fractionation, biological decomposition, or other | 91837 |
| process that does not principally involve combustion, biomass | 91838 |
| energy, biologically derived methane gas, or energy derived | 91839 |
| from nontreated by-products of the pulping process or wood | 91840 |
| manufacturing process, including bark, wood chips, sawdust, | 91841 |
| and lignin in spent pulping liquors. "Renewable energy | 91842 |
| resource" includes, but is not limited to, any fuel cell used | 91843 |
| in the generation of electricity, including, but not limited | 91844 |
| to, a proton exchange membrane fuel cell, phosphoric acid fuel | 91845 |
| cell, molten carbonate fuel cell, or solid oxide fuel cell; wind | 91846 |
| turbine located in the state's territorial waters of Lake Erie; | 91847 |
| storage facility that will promote the better utilization of a | 91848 |
| renewable energy resource that primarily generates off peak; or | 91849 |
| distributed generation system used by a customer to generate | 91850 |
| electricity from any such energy. As used in division (A)(35) | 91851 |
| of this section, "hydroelectric facility" means a hydroelectric | 91852 |
| generating facility that is located at a dam on a river, or on | 91853 |
| any water discharged to a river, that is within or bordering this | 91854 |
| state or within or bordering an adjoining state and meets all of | 91855 |
| the following standards: | 91856 |
| (a) The facility provides for river flows that are not | 91857 |
| detrimental for fish, wildlife, and water quality, including | 91858 |
| seasonal flow fluctuations as defined by the applicable licensing | 91859 |
| agency for the facility. | 91860 |
| (b) The facility demonstrates that it complies with the | 91861 |
| water quality standards of this state, which compliance may | 91862 |
| consist of certification under Section 401 of the "Clean Water | 91863 |
| Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and | 91864 |
| demonstrates that it has not contributed to a finding by this | 91865 |
| state that the river has impaired water quality under Section | 91866 |
| 303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33 | 91867 |
| U.S.C. 1313. | 91868 |
| (c) The facility complies with mandatory prescriptions | 91869 |
| regarding fish passage as required by the federal energy | 91870 |
| regulatory commission license issued for the project, regarding | 91871 |
| fish protection for riverine, anadromous, and catadromus fish. | 91872 |
| (d) The facility complies with the recommendations of the | 91873 |
| Ohio environmental protection agency and with the terms of its | 91874 |
| federal energy regulatory commission license regarding watershed | 91875 |
| protection, mitigation, or enhancement, to the extent of each | 91876 |
| agency's respective jurisdiction over the facility. | 91877 |
| (e) The facility complies with provisions of the "Endangered | 91878 |
| Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as | 91879 |
| amended. | 91880 |
| (f) The facility does not harm cultural resources of the | 91881 |
| area. This can be shown through compliance with the terms of its | 91882 |
| federal energy regulatory commission license or, if the facility | 91883 |
| is not regulated by that commission, through development of a plan | 91884 |
| approved by the Ohio historic preservation office, to the extent | 91885 |
| it has jurisdiction over the facility. | 91886 |
| (g) The facility complies with the terms of its federal | 91887 |
| energy regulatory commission license or exemption that are related | 91888 |
| to recreational access, accommodation, and facilities or, if the | 91889 |
| facility is not regulated by that commission, the facility | 91890 |
| complies with similar requirements as are recommended by | 91891 |
| resource agencies, to the extent they have jurisdiction over the | 91892 |
| facility; and the facility provides access to water to the | 91893 |
| public without fee or charge. | 91894 |
| (h) The facility is not recommended for removal by any | 91895 |
| federal agency or agency of any state, to the extent the | 91896 |
| particular agency has jurisdiction over the facility. | 91897 |
| (B) For the purposes of this chapter, a retail electric | 91898 |
| service component shall be deemed a competitive retail electric | 91899 |
| service if the service component is competitive pursuant to a | 91900 |
| declaration by a provision of the Revised Code or pursuant to an | 91901 |
| order of the public utilities commission authorized under division | 91902 |
| (A) of section 4928.04 of the Revised Code. Otherwise, the | 91903 |
| service component shall be deemed a noncompetitive retail electric | 91904 |
| service. | 91905 |
| Sec. 5101.073. There is hereby created in the state treasury | 91906 |
| the ODJFS general services administration and operating fund. The | 91907 |
| director of job and family services may submit a deposit | 91908 |
| modification and payment detail report to the treasurer of state | 91909 |
| after the completion of the reconciliation of all final | 91910 |
| transactions with the federal government regarding a federal grant | 91911 |
| for a program the department of job and family services | 91912 |
| administers and a final closeout for the grant. On receipt of the | 91913 |
| report, the treasurer of state shall transfer the money in the | 91914 |
| refunds and audit settlements fund that is the subject of the | 91915 |
| report to the ODJFS general services administration and operating | 91916 |
| fund. Money in the ODJFS general services administration and | 91917 |
| operating fund shall be used to pay for the expenses of the | 91918 |
| programs the department administers and the department's | 91919 |
| administrative expenses, including the costs of state hearings | 91920 |
| under section 5101.35 of the Revised Code, required audit | 91921 |
| adjustments, and other related expenses. | 91922 |
| Sec. 5101.11. This section does not apply to contracts | 91923 |
| entered into under section 5111.90 or 5111.91 of the Revised Code. | 91924 |
| (A) As used in this section: | 91925 |
| (1) "Entity" includes an agency, board, commission, or | 91926 |
| department of the state or a political subdivision of the state; a | 91927 |
| private, nonprofit entity; a school district; a private school; or | 91928 |
| a public or private institution of higher education. | 91929 |
| (2) "Federal financial participation" means the federal | 91930 |
| government's share of expenditures made by an entity in | 91931 |
| implementing a program administered by the department of job and | 91932 |
| family services. | 91933 |
| (B) At the request of any public entity having authority to | 91934 |
| implement a program administered by the department of job and | 91935 |
| family services or any private entity under contract with a public | 91936 |
| entity to implement a program administered by the department, the | 91937 |
| department may seek to obtain federal financial participation for | 91938 |
| costs incurred by the entity. Federal financial participation may | 91939 |
| be sought from programs operated pursuant to Title IV-A, Title | 91940 |
| IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620 | 91941 |
|
(1935), 42 U.S.C. 301, as amended; the | 91942 |
|
Act of
| 91943 |
| seq.); and any other statute or regulation under which federal | 91944 |
| financial participation may be available, except that federal | 91945 |
| financial participation may be sought only for expenditures made | 91946 |
| with funds for which federal financial participation is available | 91947 |
| under federal law. | 91948 |
| (C) All funds collected by the department of job and family | 91949 |
| services pursuant to division (B) of this section shall be | 91950 |
| distributed to the entities that incurred the costs, except for | 91951 |
| any amounts retained by the department pursuant to division (D)(3) | 91952 |
| of this section. | 91953 |
| (D) In distributing federal financial participation pursuant | 91954 |
| to this section, the department may either enter into an agreement | 91955 |
| with the entity that is to receive the funds or distribute the | 91956 |
| funds in accordance with rules adopted under division (F) of this | 91957 |
| section. If the department decides to enter into an agreement to | 91958 |
| distribute the funds, the agreement may include terms that do any | 91959 |
| of the following: | 91960 |
| (1) Provide for the whole or partial reimbursement of any | 91961 |
| cost incurred by the entity in implementing the program; | 91962 |
| (2) In the event that federal financial participation is | 91963 |
| disallowed or otherwise unavailable for any expenditure, require | 91964 |
| the department of job and family services or the entity, whichever | 91965 |
| party caused the disallowance or unavailability of federal | 91966 |
| financial participation, to assume responsibility for the | 91967 |
| expenditures; | 91968 |
| (3) Permit the department to retain not more than five per | 91969 |
| cent of the amount of the federal financial participation to be | 91970 |
| distributed to the entity; | 91971 |
| (4) Require the public entity to certify the availability of | 91972 |
| sufficient unencumbered funds to match the federal financial | 91973 |
| participation it receives under this section; | 91974 |
| (5) Establish the length of the agreement, which may be for a | 91975 |
| fixed or a continuing period of time; | 91976 |
| (6) Establish any other requirements determined by the | 91977 |
| department to be necessary for the efficient administration of the | 91978 |
| agreement. | 91979 |
| (E) An entity that receives federal financial participation | 91980 |
| pursuant to this section for a program aiding children and their | 91981 |
| families shall establish a process for collaborative planning with | 91982 |
| the department of job and family services for the use of the funds | 91983 |
| to improve and expand the program. | 91984 |
| (F) The director of job and family services shall adopt rules | 91985 |
| as necessary to implement this section, including rules for the | 91986 |
| distribution of federal financial participation pursuant to this | 91987 |
| section. The rules shall be adopted in accordance with Chapter | 91988 |
| 119. of the Revised Code. The director may adopt or amend any | 91989 |
| statewide plan required by the federal government for a program | 91990 |
| administered by the department, as necessary to implement this | 91991 |
| section. | 91992 |
| (G) Federal financial participation received pursuant to this | 91993 |
| section shall not be included in any calculation made under | 91994 |
| section 5101.16 or 5101.161 of the Revised Code. | 91995 |
| Sec. 5101.16. (A) As used in this section and sections | 91996 |
| 5101.161 and 5101.162 of the Revised Code: | 91997 |
| (1) "Disability financial assistance" means the financial | 91998 |
| assistance program established under Chapter 5115. of the Revised | 91999 |
| Code. | 92000 |
| (2) "Disability medical assistance" means the medical | 92001 |
| assistance program established under Chapter 5115. of the Revised | 92002 |
| Code. | 92003 |
| (3) | 92004 |
| means the program administered by the department of job and family | 92005 |
| services pursuant to section 5101.54 of the Revised Code. | 92006 |
| (4) "Medicaid" means the medical assistance program | 92007 |
| established by Chapter 5111. of the Revised Code, excluding | 92008 |
| transportation services provided under that chapter. | 92009 |
| (5) "Ohio works first" means the program established by | 92010 |
| Chapter 5107. of the Revised Code. | 92011 |
| (6) "Prevention, retention, and contingency" means the | 92012 |
| program established by Chapter 5108. of the Revised Code. | 92013 |
| (7) "Public assistance expenditures" means expenditures for | 92014 |
| all of the following: | 92015 |
| (a) Ohio works first; | 92016 |
| (b) County administration of Ohio works first; | 92017 |
| (c) Prevention, retention, and contingency; | 92018 |
| (d) County administration of prevention, retention, and | 92019 |
| contingency; | 92020 |
| (e) Disability financial assistance; | 92021 |
| (f) Disability medical assistance; | 92022 |
| (g) County administration of disability financial | 92023 |
| assistance; | 92024 |
| (h) County administration of disability medical assistance; | 92025 |
| (i) County administration of | 92026 |
| nutrition assistance program; | 92027 |
| (j) County administration of medicaid. | 92028 |
| (8) "Title IV-A program" has the same meaning as in section | 92029 |
| 5101.80 of the Revised Code. | 92030 |
| (B) Each board of county commissioners shall pay the county | 92031 |
| share of public assistance expenditures in accordance with section | 92032 |
| 5101.161 of the Revised Code. Except as provided in division (C) | 92033 |
| of this section, a county's share of public assistance | 92034 |
| expenditures is the sum of all of the following for state fiscal | 92035 |
| year 1998 and each state fiscal year thereafter: | 92036 |
| (1) The amount that is twenty-five per cent of the county's | 92037 |
| total expenditures for disability financial assistance and | 92038 |
| disability medical assistance and county administration of those | 92039 |
| programs during the state fiscal year ending in the previous | 92040 |
| calendar year that the department of job and family services | 92041 |
| determines are allowable. | 92042 |
| (2) The amount that is ten per cent, or other percentage | 92043 |
| determined under division (D) of this section, of the county's | 92044 |
|
total expenditures for county
administration of | 92045 |
| supplemental nutrition assistance program and medicaid during the | 92046 |
| state fiscal year ending in the previous calendar year that the | 92047 |
| department determines are allowable, less the amount of federal | 92048 |
| reimbursement credited to the county under division (E) of this | 92049 |
| section for the state fiscal year ending in the previous calendar | 92050 |
| year; | 92051 |
| (3) A percentage of the actual amount of the county share of | 92052 |
| program and administrative expenditures during federal fiscal year | 92053 |
| 1994 for assistance and services, other than child care, provided | 92054 |
| under Titles IV-A and IV-F of the "Social Security Act," 49 Stat. | 92055 |
| 620 (1935), 42 U.S.C. 301, as those titles existed prior to the | 92056 |
| enactment of the "Personal Responsibility and Work Opportunity | 92057 |
| Reconciliation Act of 1996," 110 Stat. 2105. The department of job | 92058 |
| and family services shall determine the actual amount of the | 92059 |
| county share from expenditure reports submitted to the United | 92060 |
| States department of health and human services. The percentage | 92061 |
| shall be the percentage established in rules adopted under | 92062 |
| division (F) of this section. | 92063 |
| (C)(1) If a county's share of public assistance expenditures | 92064 |
| determined under division (B) of this section for a state fiscal | 92065 |
| year exceeds one hundred ten per cent of the county's share for | 92066 |
| those expenditures for the immediately preceding state fiscal | 92067 |
| year, the department of job and family services shall reduce the | 92068 |
| county's share for expenditures under divisions (B)(1) and (2) of | 92069 |
| this section so that the total of the county's share for | 92070 |
| expenditures under division (B) of this section equals one hundred | 92071 |
| ten per cent of the county's share of those expenditures for the | 92072 |
| immediately preceding state fiscal year. | 92073 |
| (2) A county's share of public assistance expenditures | 92074 |
| determined under division (B) of this section may be increased | 92075 |
| pursuant to section 5101.163 of the Revised Code and a sanction | 92076 |
| under section 5101.24 of the Revised Code. An increase made | 92077 |
| pursuant to section 5101.163 of the Revised Code may cause the | 92078 |
| county's share to exceed the limit established by division (C)(1) | 92079 |
| of this section. | 92080 |
| (D)(1) If the per capita tax duplicate of a county is less | 92081 |
| than the per capita tax duplicate of the state as a whole and | 92082 |
| division (D)(2) of this section does not apply to the county, the | 92083 |
| percentage to be used for the purpose of division (B)(2) of this | 92084 |
| section is the product of ten multiplied by a fraction of which | 92085 |
| the numerator is the per capita tax duplicate of the county and | 92086 |
| the denominator is the per capita tax duplicate of the state as a | 92087 |
| whole. The department of job and family services shall compute the | 92088 |
| per capita tax duplicate for the state and for each county by | 92089 |
| dividing the tax duplicate for the most recent available year by | 92090 |
| the current estimate of population prepared by the department of | 92091 |
| development. | 92092 |
| (2) If the percentage of families in a county with an annual | 92093 |
| income of less than three thousand dollars is greater than the | 92094 |
| percentage of such families in the state and division (D)(1) of | 92095 |
| this section does not apply to the county, the percentage to be | 92096 |
| used for the purpose of division (B)(2) of this section is the | 92097 |
| product of ten multiplied by a fraction of which the numerator is | 92098 |
| the percentage of families in the state with an annual income of | 92099 |
| less than three thousand dollars a year and the denominator is the | 92100 |
| percentage of such families in the county. The department of job | 92101 |
| and family services shall compute the percentage of families with | 92102 |
| an annual income of less than three thousand dollars for the state | 92103 |
| and for each county by multiplying the most recent estimate of | 92104 |
| such families published by the department of development, by a | 92105 |
| fraction, the numerator of which is the estimate of average annual | 92106 |
| personal income published by the bureau of economic analysis of | 92107 |
| the United States department of commerce for the year on which the | 92108 |
| census estimate is based and the denominator of which is the most | 92109 |
| recent such estimate published by the bureau. | 92110 |
| (3) If the per capita tax duplicate of a county is less than | 92111 |
| the per capita tax duplicate of the state as a whole and the | 92112 |
| percentage of families in the county with an annual income of less | 92113 |
| than three thousand dollars is greater than the percentage of such | 92114 |
| families in the state, the percentage to be used for the purpose | 92115 |
| of division (B)(2) of this section shall be determined as follows: | 92116 |
| (a) Multiply ten by the fraction determined under division | 92117 |
| (D)(1) of this section; | 92118 |
| (b) Multiply the product determined under division (D)(3)(a) | 92119 |
| of this section by the fraction determined under division (D)(2) | 92120 |
| of this section. | 92121 |
| (4) The department of job and family services shall | 92122 |
| determine, for each county, the percentage to be used for the | 92123 |
| purpose of division (B)(2) of this section not later than the | 92124 |
| first day of July of the year preceding the state fiscal year for | 92125 |
| which the percentage is used. | 92126 |
| (E) The department of job and family services shall credit to | 92127 |
| a county the amount of federal reimbursement the department | 92128 |
| receives from the United States departments of agriculture and | 92129 |
| health and human services for the county's expenditures for | 92130 |
|
administration of | 92131 |
| assistance program and medicaid that the department determines are | 92132 |
| allowable administrative expenditures. | 92133 |
| (F)(1) The director of job and family services shall adopt | 92134 |
| rules in accordance with section 111.15 of the Revised Code to | 92135 |
| establish all of the following: | 92136 |
| (a) The method the department is to use to change a county's | 92137 |
| share of public assistance expenditures determined under division | 92138 |
| (B) of this section as provided in division (C) of this section; | 92139 |
| (b) The allocation methodology and formula the department | 92140 |
| will use to determine the amount of funds to credit to a county | 92141 |
| under this section; | 92142 |
| (c) The method the department will use to change the payment | 92143 |
| of the county share of public assistance expenditures from a | 92144 |
| calendar-year basis to a state fiscal year basis; | 92145 |
| (d) The percentage to be used for the purpose of division | 92146 |
| (B)(3) of this section, which shall, except as provided in section | 92147 |
| 5101.163 of the Revised Code, meet both of the following | 92148 |
| requirements: | 92149 |
| (i) The percentage shall not be less than seventy-five per | 92150 |
| cent nor more than eighty-two per cent; | 92151 |
| (ii) The percentage shall not exceed the percentage that the | 92152 |
| state's qualified state expenditures is of the state's historic | 92153 |
| state expenditures as those terms are defined in 42 U.S.C. | 92154 |
| 609(a)(7). | 92155 |
| (e) Other procedures and requirements necessary to implement | 92156 |
| this section. | 92157 |
| (2) The director of job and family services may amend the | 92158 |
| rule adopted under division (F)(1)(d) of this section to modify | 92159 |
| the percentage on determination that the amount the general | 92160 |
| assembly appropriates for Title IV-A programs makes the | 92161 |
| modification necessary. The rule shall be adopted and amended as | 92162 |
| if an internal management rule and in consultation with the | 92163 |
| director of budget and management. | 92164 |
| Sec. 5101.162. Subject to available federal funds and | 92165 |
| appropriations made by the general assembly, the department of job | 92166 |
| and family services may, at its sole discretion, use available | 92167 |
| federal funds to reimburse county expenditures for county | 92168 |
|
administration of | 92169 |
| assistance program or medicaid even though the county | 92170 |
| expenditures meet or exceed the maximum allowable reimbursement | 92171 |
| amount established by rules adopted under section 5101.161 of the | 92172 |
| Revised Code. The director may adopt internal management rules in | 92173 |
| accordance with section 111.15 of the Revised Code to implement | 92174 |
| this section. | 92175 |
| Sec. 5101.26. As used in this section and in sections | 92176 |
| 5101.27 to 5101.30 of the Revised Code: | 92177 |
| (A) "County agency" means a county department of job and | 92178 |
| family services or a public children services agency. | 92179 |
| (B) "Fugitive felon" means an individual who is fleeing to | 92180 |
| avoid prosecution, or custody or confinement after conviction, | 92181 |
| under the laws of the place from which the individual is fleeing, | 92182 |
| for a crime or an attempt to commit a crime that is a felony under | 92183 |
| the laws of the place from which the individual is fleeing or, in | 92184 |
| the case of New Jersey, a high misdemeanor, regardless of whether | 92185 |
| the individual has departed from the individual's usual place of | 92186 |
| residence. | 92187 |
| (C) "Information" means records as defined in section 149.011 | 92188 |
| of the Revised Code, any other documents in any format, and data | 92189 |
| derived from records and documents that are generated, acquired, | 92190 |
| or maintained by the department of job and family services, a | 92191 |
| county agency, or an entity performing duties on behalf of the | 92192 |
| department or a county agency. | 92193 |
| (D) "Law enforcement agency" means the state highway patrol, | 92194 |
| an agency that employs peace officers as defined in section 109.71 | 92195 |
| of the Revised Code, the adult parole authority, a county | 92196 |
| department of probation, a prosecuting attorney, the attorney | 92197 |
| general, similar agencies of other states, federal law enforcement | 92198 |
| agencies, and postal inspectors. "Law enforcement agency" includes | 92199 |
| the peace officers and other law enforcement officers employed by | 92200 |
| the agency. | 92201 |
| (E) "Medical assistance provided under a public assistance | 92202 |
| program" means medical assistance provided under the programs | 92203 |
|
established under sections 5101.49, 5101.50 | 92204 |
| 92205 | |
| Chapters 5111. and 5115., or any other provision of the Revised | 92206 |
| Code. | 92207 |
| (F) "Public assistance" means financial assistance, medical | 92208 |
| assistance, or social services provided under a program | 92209 |
| administered by the department of job and family services or a | 92210 |
| county agency pursuant to Chapter 329., 5101., 5104., 5107., | 92211 |
| 5108., 5111., or 5115. of the Revised Code or an executive order | 92212 |
| issued under section 107.17 of the Revised Code. | 92213 |
| (G) "Public assistance recipient" means an applicant for or | 92214 |
| recipient or former recipient of public assistance. | 92215 |
| Sec. 5101.33. (A) As used in this section, "benefits" means | 92216 |
| any of the following: | 92217 |
| (1) Cash assistance paid under Chapter 5107. or 5115. of the | 92218 |
| Revised Code; | 92219 |
| (2) | 92220 |
| benefits provided under section 5101.54 of the Revised Code; | 92221 |
| (3) Any other program administered by the department of job | 92222 |
| and family services under which assistance is provided or service | 92223 |
| rendered; | 92224 |
| (4) Any other program, service, or assistance administered by | 92225 |
| a person or government entity that the department determines may | 92226 |
| be delivered through the medium of electronic benefit transfer. | 92227 |
| (B) The department of job and family services may make any | 92228 |
| payment or delivery of benefits to eligible individuals through | 92229 |
| the medium of electronic benefit transfer by doing all of the | 92230 |
| following: | 92231 |
| (1) Contracting with an agent to supply debit cards to the | 92232 |
| department of job and family services for use by such individuals | 92233 |
| in accessing their benefits and to credit such cards | 92234 |
| electronically with the amounts specified by the director of job | 92235 |
| and family services pursuant to law; | 92236 |
| (2) Informing such individuals about the use of the | 92237 |
| electronic benefit transfer system and furnishing them with debit | 92238 |
| cards and information that will enable them to access their | 92239 |
| benefits through the system; | 92240 |
| (3) Arranging with specific financial institutions or | 92241 |
| vendors, county departments of job and family services, or persons | 92242 |
| or government entities for individuals to have their cards | 92243 |
| credited electronically with the proper amounts at their | 92244 |
| facilities; | 92245 |
| (4) Periodically preparing vouchers for the payment of such | 92246 |
| benefits by electronic benefit transfer; | 92247 |
| (5) Satisfying any applicable requirements of federal and | 92248 |
| state law. | 92249 |
| (C) The department may enter into a written agreement with | 92250 |
| any person or government entity to provide benefits administered | 92251 |
| by that person or entity through the medium of electronic benefit | 92252 |
| transfer. A written agreement may require the person or government | 92253 |
| entity to pay to the department either or both of the following: | 92254 |
| (1) A charge that reimburses the department for all costs the | 92255 |
| department incurs in having the benefits administered by the | 92256 |
| person or entity provided through the electronic benefit transfer | 92257 |
| system; | 92258 |
| (2) A fee for having the benefits provided through the | 92259 |
| electronic benefit transfer system. | 92260 |
| (D) The department may designate which counties will | 92261 |
| participate in the medium of electronic benefit transfer, specify | 92262 |
| the date a designated county will begin participation, and specify | 92263 |
| which benefits will be provided through the medium of electronic | 92264 |
| benefit transfer in a designated county. | 92265 |
| (E) The department may adopt rules in accordance with Chapter | 92266 |
| 119. of the Revised Code for the efficient administration of this | 92267 |
| section. | 92268 |
| Sec. 5101.34. (A) There is hereby created in the department | 92269 |
| of job and family services the Ohio commission on fatherhood. The | 92270 |
| commission shall consist of the following members: | 92271 |
| (1)(a) Four members of the house of representatives appointed | 92272 |
| by the speaker of the house, not more than two of whom are members | 92273 |
| of the same political party. Two of the members must be from | 92274 |
| legislative districts that include a county or part of a county | 92275 |
| that is among the one-third of counties in this state with the | 92276 |
| highest number per capita of households headed by females. | 92277 |
| (b) Two members of the senate appointed by the president of | 92278 |
| the senate, each from a different political party. One of the | 92279 |
| members must be from a legislative district that includes a county | 92280 |
| or part of a county that is among the one-third of counties in | 92281 |
| this state with the highest number per capita of households headed | 92282 |
| by females. | 92283 |
| (2) The governor, or the governor's designee; | 92284 |
| (3) One representative of the judicial branch of government | 92285 |
| appointed by the chief justice of the supreme court; | 92286 |
| (4) The directors of health, job and family services, | 92287 |
| rehabilitation and correction, alcohol and drug addiction | 92288 |
| services, and youth services and the superintendent of public | 92289 |
| instruction, or their designees; | 92290 |
| (5) One representative of the Ohio family and children first | 92291 |
| cabinet council created under section 121.37 of the Revised Code | 92292 |
| appointed by the chairperson of the council; | 92293 |
| (6) Five representatives of the general public appointed by | 92294 |
| the governor. These members shall have extensive experience in | 92295 |
| issues related to fatherhood. | 92296 |
| (B) The appointing authorities of the Ohio commission on | 92297 |
| fatherhood shall make initial appointments to the commission | 92298 |
|
within thirty days after | 92299 |
| September29, 1999. Of the initial appointments to the commission | 92300 |
| made pursuant to divisions (A)(3), (5), and (6) of this section, | 92301 |
| three of the members shall serve a term of one year and four shall | 92302 |
| serve a term of two years. Members so appointed subsequently shall | 92303 |
| serve two-year terms. A member appointed pursuant to division | 92304 |
| (A)(1) of this section shall serve on the commission until the end | 92305 |
| of the general assembly from which the member was appointed or | 92306 |
| until the member ceases to serve in the chamber of the general | 92307 |
| assembly in which the member serves at the time of appointment, | 92308 |
| whichever occurs first. The governor or the governor's designee | 92309 |
| shall serve on the commission until the governor ceases to be | 92310 |
| governor. The directors and superintendent or their designees | 92311 |
| shall serve on the commission until they cease, or the director or | 92312 |
| superintendent a designee represents ceases, to be director or | 92313 |
| superintendent. Each member shall serve on the commission from the | 92314 |
| date of appointment until the end of the term for which the member | 92315 |
| was appointed. Members may be reappointed. | 92316 |
| Vacancies shall be filled in the manner provided for original | 92317 |
| appointments. Any member appointed to fill a vacancy occurring | 92318 |
| prior to the expiration date of the term for which the member's | 92319 |
| predecessor was appointed shall serve on the commission for the | 92320 |
| remainder of that term. A member shall continue to serve on the | 92321 |
| commission subsequent to the expiration date of the member's term | 92322 |
| until the member's successor is appointed or until a period of | 92323 |
| sixty days has elapsed, whichever occurs first. Members shall | 92324 |
| serve without compensation but shall be reimbursed for necessary | 92325 |
| expenses. | 92326 |
| Sec. 5101.47. (A) Except as provided in division (B) of | 92327 |
| this section, the director of job and family services may accept | 92328 |
| applications, determine eligibility, redetermine eligibility, and | 92329 |
| perform related administrative activities for one or more of the | 92330 |
| following: | 92331 |
| (1) The medicaid program established by Chapter 5111. of the | 92332 |
| Revised Code; | 92333 |
| (2) The children's health insurance program parts I, II, and | 92334 |
| III provided for under sections 5101.50, 5101.51, and 5101.52 of | 92335 |
| the Revised Code; | 92336 |
| (3) Publicly funded child care provided under Chapter 5104. | 92337 |
| of the Revised Code; | 92338 |
| (4) The | 92339 |
| administered by the department of job and family services | 92340 |
| pursuant to section 5101.54 of the Revised Code; | 92341 |
| (5) Other programs the director determines are supportive of | 92342 |
| children, adults, or families; | 92343 |
| (6) Other programs regarding which the director determines | 92344 |
| administrative cost savings and efficiency may be achieved through | 92345 |
| the department accepting applications, determining eligibility, | 92346 |
| redetermining eligibility, or performing related administrative | 92347 |
| activities. | 92348 |
| (B) If federal law requires a face-to-face interview to | 92349 |
| complete an eligibility determination for a program specified in | 92350 |
| or pursuant to division (A) of this section, the face-to-face | 92351 |
| interview shall not be conducted by the department of job and | 92352 |
| family services. | 92353 |
| (C) Subject to division (B) of this section, if the director | 92354 |
| elects to accept applications, determine eligibility, redetermine | 92355 |
| eligibility, and perform related administrative activities for a | 92356 |
| program specified in or pursuant to division (A) of this section, | 92357 |
| both of the following apply: | 92358 |
| (1) An individual seeking services under the program may | 92359 |
| apply for the program to the director or to the entity that state | 92360 |
| law governing the program authorizes to accept applications for | 92361 |
| the program. | 92362 |
| (2) The director is subject to federal statutes and | 92363 |
| regulations and state statutes and rules that require, permit, or | 92364 |
| prohibit an action regarding accepting applications, determining | 92365 |
| or redetermining eligibility, and performing related | 92366 |
| administrative activities for the program. | 92367 |
| (D) The director may adopt rules as necessary to implement | 92368 |
| this section. | 92369 |
| Sec. 5101.50. (A) As used in sections
5101.50 to
| 92370 |
| 5101.5210 of the Revised Code: | 92371 |
| (1) "Children's health insurance program" means the program | 92372 |
| authorized by Title XXI of the "Social Security Act," 111 Stat. | 92373 |
| 552 (1997), 42 U.S.C.A. 1397aa. | 92374 |
| (2) "Federal poverty guidelines" has the same meaning as in | 92375 |
| section 5101.46 of the Revised Code. | 92376 |
| (B) The director of job and family services may continue to | 92377 |
| operate the children's health insurance program initially | 92378 |
| authorized by an executive order issued under section 107.17 of | 92379 |
| the Revised Code as long as federal financial participation is | 92380 |
| available for the program. If operated, the program shall provide | 92381 |
| health assistance to uninsured individuals under nineteen years of | 92382 |
| age with family incomes not exceeding one hundred fifty per cent | 92383 |
| of the federal poverty guidelines. In accordance with 42 U.S.C.A. | 92384 |
| 1397aa, the director may provide for the health assistance to meet | 92385 |
| the requirements of 42 U.S.C.A. 1397cc, to be provided under the | 92386 |
| medicaid program established under Chapter 5111. of the Revised | 92387 |
| Code, or to be a combination of both. | 92388 |
| Sec. 5101.504. (A) A school-based health center, as defined | 92389 |
| in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services | 92390 |
| that the children's health insurance program part I covers if the | 92391 |
| center meets the requirements applicable to other providers | 92392 |
| providing those services. | 92393 |
| (B) The director may adopt rules under section 5101.502 of | 92394 |
| the Revised Code pertaining to the billing, reimbursement, and | 92395 |
| data collection for health-based health centers. | 92396 |
| Sec. 5101.5110. (A) A school-based health center, as defined | 92397 |
| in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services | 92398 |
| that the children's health insurance program part II covers if the | 92399 |
| center meets the requirements applicable to other providers | 92400 |
| providing those services. | 92401 |
| (B) The director may adopt rules under section 5101.512 of | 92402 |
| the Revised Code pertaining to the billing, reimbursement, and | 92403 |
| data collection for health-based health centers. | 92404 |
| | 92405 |
| services may submit a waiver request to the United States | 92406 |
| secretary of health and human services to provide health | 92407 |
| assistance to any individual who meets all of the following | 92408 |
| requirements: | 92409 |
| (1) Is the parent of a child under nineteen years of age who | 92410 |
| resides with the parent and is eligible for health assistance | 92411 |
| under the children's health insurance program part I or II or the | 92412 |
| medicaid program established under Chapter 5111. of the Revised | 92413 |
| Code; | 92414 |
| (2) Is uninsured; | 92415 |
| (3) Has a family income that does not exceed one hundred per | 92416 |
| cent of the federal poverty guidelines. | 92417 |
| (B) A waiver request the director submits under division (A) | 92418 |
| of this section may seek federal funds allotted to the state under | 92419 |
| Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42 | 92420 |
| U.S.C.A. 1397dd, as amended, that are not otherwise used to fund | 92421 |
| the children's health insurance program parts I and II. | 92422 |
| (C) If a waiver request the director submits under division | 92423 |
| (A) of this section is granted, the director may adopt rules in | 92424 |
| accordance with Chapter 119. of the Revised Code as necessary for | 92425 |
| the efficient administration of the program authorization by the | 92426 |
| waiver. | 92427 |
| Sec. 5101.5210. (A) A school-based health center, as defined | 92428 |
| in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services | 92429 |
| that the children's health insurance program part III covers if | 92430 |
| the center meets the requirements applicable to other providers | 92431 |
| providing those services. | 92432 |
| (B) The director may adopt rules under section 5101.522 of | 92433 |
| the Revised Code pertaining to the billing, reimbursement, and | 92434 |
| data collection for health-based health centers. | 92435 |
| Sec. 5101.5212. (A) Under the children's buy-in program | 92436 |
| and subject to section 5101.5213 of the Revised Code, an | 92437 |
| individual who does both of the following in accordance with | 92438 |
| rules adopted under section 5101.5215 of the Revised Code | 92439 |
| qualifies for medical assistance under the program, unless the | 92440 |
| director of job and family services has adopted rules under | 92441 |
| division (B) of section 5101.5215 of the Revised Code to limit | 92442 |
| the number of individuals who may participate in the program at | 92443 |
| one time and the program is serving the maximum number of | 92444 |
| individuals specified in the rules: | 92445 |
| | 92446 |
| | 92447 |
| following: | 92448 |
| | 92449 |
| | 92450 |
| 92451 | |
| guidelines; | 92452 |
| | 92453 |
| section, that the individual has not had creditable coverage for | 92454 |
|
at least | 92455 |
|
buy-in
program | 92456 |
| 92457 | |
| 92458 |
| | 92459 |
| 92460 |
| | 92461 |
| 92462 |
| | 92463 |
| 92464 | |
| 92465 |
| | 92466 |
| 92467 | |
| 92468 |
| | 92469 |
| 92470 |
| | 92471 |
| requirements for the children's buy-in program established in | 92472 |
| rules adopted under section 5101.5215 of the Revised Code. | 92473 |
| (B) Division (A)(2)(c) of this section does not apply to an | 92474 |
| individual who meets both of the following requirements: | 92475 |
| (1) At least one of the following applies to the individual: | 92476 |
| (a) The individual's parents are involuntarily unemployed. | 92477 |
| (b) At least one of the individual's parents is unable to | 92478 |
| find work due to a disabling condition. | 92479 |
| (c) At least one of the individual's parents involuntarily | 92480 |
| lost creditable coverage for the individual. | 92481 |
| (d) The individual has creditable coverage under COBRA | 92482 |
| continuation coverage as defined in 42 U.S.C. 1396a(u)(3). | 92483 |
| (2) At least one of the following applies to the individual: | 92484 |
| (a) The cost of the least expensive creditable coverage | 92485 |
| available to the individual is greater than ten per cent of the | 92486 |
| individual's countable family income. | 92487 |
| (b) The premium for the creditable coverage with the lowest | 92488 |
| premium available to the individual is greater than one hundred | 92489 |
| fifty per cent of the premium applicable to the individual under | 92490 |
| the children's buy-in program. | 92491 |
| (c) The individual is unable to obtain creditable coverage | 92492 |
| due to a pre-existing condition of the individual. | 92493 |
| (d) The individual lost the only creditable coverage | 92494 |
| available to the individual because the individual has exhausted a | 92495 |
| lifetime benefit limitation. | 92496 |
| (e) The individual participates in the program for medically | 92497 |
| handicapped children. | 92498 |
| Sec. 5101.54. (A) The director of job and family services | 92499 |
|
shall administer the | 92500 |
|
program in
accordance with the
| 92501 |
| 92502 | |
| The department may: | 92503 |
| (1) Prepare and submit to the secretary of the United States | 92504 |
| department of agriculture a plan for the administration of the | 92505 |
| 92506 |
| (2) Prescribe forms for applications, certificates, reports, | 92507 |
| records, and accounts of county departments of job and family | 92508 |
| services, and other matters; | 92509 |
| (3) Require such reports and information from each county | 92510 |
| department of job and family services as may be necessary and | 92511 |
| advisable; | 92512 |
| (4) Administer and expend any sums appropriated by the | 92513 |
|
general assembly for the purposes of | 92514 |
| nutrition assistance program and all sums paid to the state by the | 92515 |
|
United States as authorized by the Food
| 92516 |
| 92517 |
| (5) Conduct such investigations as are necessary; | 92518 |
| (6) Enter into interagency agreements and cooperate with | 92519 |
| investigations conducted by the department of public safety, | 92520 |
| including providing information for investigative purposes, | 92521 |
| exchanging property and records, passing through federal financial | 92522 |
| participation, modifying any agreements with the United States | 92523 |
| department of agriculture, providing for the supply, security, and | 92524 |
|
accounting of | 92525 |
| benefits for investigative purposes, and meeting any other | 92526 |
| requirements necessary for the detection and deterrence of illegal | 92527 |
|
activities in the | 92528 |
| assistance program; | 92529 |
| (7) Adopt rules in accordance with Chapter 119. of the | 92530 |
| Revised Code governing employment and training requirements of | 92531 |
|
recipients of | 92532 |
| benefits, including rules specifying which recipients are subject | 92533 |
| to the requirements and establishing sanctions for failure to | 92534 |
| satisfy the requirements. The rules shall be consistent with 7 | 92535 |
|
U.S.C. | 92536 |
| 92537 | |
| developmental activities, and alternative work activities | 92538 |
| established under sections 5107.40 to 5107.69 of the Revised Code | 92539 |
|
that are comparable to programs
authorized by 7
U.S.C. | 92540 |
| 2015(d)(4). The rules may reference rules adopted under section | 92541 |
| 5107.05 of the Revised Code governing work activities, | 92542 |
| developmental activities, and alternative work activities | 92543 |
| established under sections 5107.40 to 5107.69 of the Revised Code. | 92544 |
| (8) Adopt rules in accordance with section 111.15 of the | 92545 |
|
Revised Code that are consistent with the
Food | 92546 |
|
Act of | 92547 |
| governing the following: | 92548 |
| (a) Eligibility requirements for the | 92549 |
| nutrition assistance program; | 92550 |
| (b) Sanctions for failure to comply with eligibility | 92551 |
| requirements; | 92552 |
| (c) Allotment of | 92553 |
| program benefits; | 92554 |
| (d) To the extent permitted under federal statutes and | 92555 |
|
regulations, a system under which some or all recipients of | 92556 |
| 92557 | |
| to employment and training requirements established by rules | 92558 |
|
adopted under division (A)(7) of
this section
receive | 92559 |
| the benefits after satisfying the requirements; | 92560 |
| (e) Administration of the program by county departments of | 92561 |
| job and family services; | 92562 |
| (f) Other requirements necessary for the efficient | 92563 |
| administration of the program. | 92564 |
| (9) Submit a plan to the United States secretary of | 92565 |
| agriculture for the department of job and family services to | 92566 |
|
operate a simplified | 92567 |
|
program pursuant to 7
U.S.C. | 92568 |
| governing the Ohio works first program established under Chapter | 92569 |
|
5107. of the Revised
Code also
govern the | 92570 |
| nutrition assistance program in the case of households receiving | 92571 |
| 92572 | |
| participating in Ohio works first. | 92573 |
| (B) | 92574 |
| 92575 | |
| 92576 | |
| 92577 | |
| 92578 | |
| 92579 | |
| 92580 | |
| 92581 |
| | 92582 |
| 92583 | |
| 92584 | |
|
that is determined to be in
immediate need of | 92585 |
| assistance, shall receive certification of eligibility for program | 92586 |
| benefits, pending verification, within twenty-four hours, or, if | 92587 |
| mitigating circumstances occur, within seventy-two hours, after | 92588 |
| application, if: | 92589 |
| (1) The results of the application interview indicate that | 92590 |
| the household will be eligible upon full verification; | 92591 |
| (2) Information sufficient to confirm the statements in the | 92592 |
| application has been obtained from at least one additional source, | 92593 |
| not a member of the applicant's household. Such information shall | 92594 |
| be recorded in the case file, and shall include: | 92595 |
| (a) The name of the person who provided the name of the | 92596 |
| information source; | 92597 |
| (b) The name and address of the information source; | 92598 |
| (c) A summary of the information obtained. | 92599 |
| The period of temporary eligibility shall not exceed one | 92600 |
| month from the date of certification of temporary eligibility. If | 92601 |
| eligibility is established by full verification, benefits shall | 92602 |
| continue without interruption as long as eligibility continues. | 92603 |
| At the time of application, the county department of job and | 92604 |
| family services shall provide to a household described in this | 92605 |
| division a list of community assistance programs that provide | 92606 |
| emergency food. | 92607 |
| | 92608 |
| full verification within thirty days from receipt of the | 92609 |
| application by the county department of job and family services. | 92610 |
| | 92611 |
| the certification of households that qualify under federal | 92612 |
|
regulations to receive | 92613 |
|
assistance program benefits without charge under the
| 92614 |
| and Nutrition Act of | 92615 |
| 92616 |
| | 92617 |
| 92618 | |
| receive a voter registration application under section 3503.10 of | 92619 |
| the Revised Code. | 92620 |
| Sec. 5101.541. The | 92621 |
| assistance program fund is hereby created in the state treasury. | 92622 |
|
The fund shall consist of federal
reimbursement for | 92623 |
| supplemental nutrition assistance program administrative expenses | 92624 |
|
and
other | 92625 |
| expenses. The department of job and family services shall use the | 92626 |
|
money credited to the fund to pay
for | 92627 |
| nutrition assistance program administrative expenses and other | 92628 |
| 92629 |
| Sec. 5101.542. Immediately following a county department of | 92630 |
| job and family services' certification that a household determined | 92631 |
| under division (B) of section 5101.54 of the Revised Code to be in | 92632 |
| immediate need of nutrition assistance is eligible for the | 92633 |
| supplemental nutrition assistance program, the department of job | 92634 |
| and family services shall provide for the household to be sent by | 92635 |
| regular United States mail an electronic benefit transfer card | 92636 |
| containing the amount of benefits the household is eligible to | 92637 |
| receive under the program. The card shall be sent to the member | 92638 |
| of the household in whose name application for the supplemental | 92639 |
| nutrition assistance program was made or that member's authorized | 92640 |
| representative. | 92641 |
| Sec. 5101.544. If the benefits of a household are reduced | 92642 |
| under a federal, state, or local means-tested public assistance | 92643 |
| program for failure of a member of the household to perform an | 92644 |
| action required under the program, the household may not receive, | 92645 |
|
for
the duration of the reduction, an increased allotment of | 92646 |
| 92647 | |
| result of a decrease in the income of the household to the extent | 92648 |
| that the decrease is the result of the reduction. | 92649 |
| The department of job and family services shall adopt rules | 92650 |
| in accordance with Chapter 119. of the Revised Code to implement | 92651 |
|
this section. The rules shall be
consistent with 7 U.S.C. | 92652 |
| 2017(d) and federal regulations. | 92653 |
| Sec. 5101.571. As used in sections 5101.571 to 5101.591 of | 92654 |
| the Revised Code: | 92655 |
| (A) "Information" means all of the following: | 92656 |
| (1) An individual's name, address, date of birth, and social | 92657 |
| security number; | 92658 |
| (2) The group or plan number, or other identifier, assigned | 92659 |
| by a third party to a policy held by an individual or a plan in | 92660 |
| which the individual participates and the nature of the coverage; | 92661 |
| (3) Any other data the director of job and family services | 92662 |
| specifies in rules adopted under section 5101.591 of the Revised | 92663 |
| Code. | 92664 |
| (B) "Medical assistance" means medical items or services | 92665 |
| provided under any of the following: | 92666 |
| (1) Medicaid, as defined in section 5111.01 of the Revised | 92667 |
| Code; | 92668 |
| (2) The children's health insurance program part I, part II, | 92669 |
|
and part III established under sections 5101.50 | 92670 |
| 5101.51, and 5101.52 of the Revised Code; | 92671 |
| (3) The disability medical assistance program established | 92672 |
| under Chapter 5115. of the Revised Code; | 92673 |
| (4) The children's buy-in program established under sections | 92674 |
| 5101.5211 to 5101.5216 of the Revised Code. | 92675 |
| (C) "Medical support" means support specified as support for | 92676 |
| the purpose of medical care by order of a court or administrative | 92677 |
| agency. | 92678 |
| (D) "Public assistance" means medical assistance or | 92679 |
| assistance under the Ohio works first program established under | 92680 |
| Chapter 5107. of the Revised Code. | 92681 |
| (E)(1) Subject to division (E)(2) of this section, and except | 92682 |
| as provided in division (E)(3) of this section, "third party" | 92683 |
| means all of the following: | 92684 |
| (a) A person authorized to engage in the business of sickness | 92685 |
| and accident insurance under Title XXXIX of the Revised Code; | 92686 |
| (b) A person or governmental entity providing coverage for | 92687 |
| medical services or items to individuals on a self-insurance | 92688 |
| basis; | 92689 |
| (c) A health insuring corporation as defined in section | 92690 |
| 1751.01 of the Revised Code; | 92691 |
| (d) A group health plan as defined in 29 U.S.C. 1167; | 92692 |
| (e) A service benefit plan as referenced in 42 U.S.C. | 92693 |
| 1396a(a)(25); | 92694 |
| (f) A managed care organization; | 92695 |
| (g) A pharmacy benefit manager; | 92696 |
| (h) A third party administrator; | 92697 |
| (i) Any other person or governmental entity that is, by law, | 92698 |
| contract, or agreement, responsible for the payment or processing | 92699 |
| of a claim for a medical item or service for a public assistance | 92700 |
| recipient or participant. | 92701 |
| (2) Except when otherwise provided by 42 U.S.C. 1395y(b), a | 92702 |
| person or governmental entity listed in division (E)(1) of this | 92703 |
| section is a third party even if the person or governmental entity | 92704 |
| limits or excludes payments for a medical item or service in the | 92705 |
| case of a public assistance recipient. | 92706 |
| (3) "Third party" does not include the program for medically | 92707 |
| handicapped children established under section 3701.023 of the | 92708 |
| Revised Code. | 92709 |
| Sec. 5101.573. (A) Subject to divisions (B) and (C) of this | 92710 |
| section, a third party shall do all of the following: | 92711 |
| (1) Accept the department of job and family services' right | 92712 |
| of recovery under section 5101.58 of the Revised Code and the | 92713 |
| assignment of rights to the department that are described in | 92714 |
|
section 5101.59 of the Revised Code | 92715 |
| (2) Respond to an inquiry by the department regarding a claim | 92716 |
| for payment of a medical item or service that was submitted to the | 92717 |
| third party not later than three years after the date of the | 92718 |
| provision of such medical item or service; | 92719 |
| (3) Pay a claim described in division (A)(2) of this section; | 92720 |
| (4) Not deny a claim submitted by the department solely on | 92721 |
| the basis of the date of submission of the claim, type or format | 92722 |
| of the claim form, or a failure by the medical assistance | 92723 |
| recipient who is the subject of the claim to present proper | 92724 |
| documentation of coverage at the time of service, if both of the | 92725 |
| following are true: | 92726 |
| (a) The claim was submitted by the department not later than | 92727 |
| three years after the date of the provision of the medical item or | 92728 |
|
service | 92729 |
| (b) An action by the department to enforce its right of | 92730 |
| recovery under section 5101.58 of the Revised Code on the claim | 92731 |
| was commenced not later than six years after the department's | 92732 |
| submission of the claim. | 92733 |
| (5) Consider the department's payment of a claim for a | 92734 |
| medical item or service to be the equivalent of the medical | 92735 |
| assistance recipient having obtained prior authorization for the | 92736 |
| item or service from the third party; | 92737 |
| (6) Not deny a claim described in division (A)(5) of this | 92738 |
| section that is submitted by the department solely on the basis of | 92739 |
| the medical assistance recipient's failure to obtain prior | 92740 |
| authorization for the medical item or service. | 92741 |
| (B) For purposes of the requirements in division (A) of this | 92742 |
| section, a third party shall treat a managed care organization as | 92743 |
| the department for a claim in which both of the following are | 92744 |
| true: | 92745 |
| (1) The individual who is the subject of the claim received a | 92746 |
| medical item or service through a managed care organization that | 92747 |
| has entered into a contract with the department of job and family | 92748 |
|
services under section | 92749 |
| (2) The department has assigned its right of recovery for the | 92750 |
| claim to the managed care organization. | 92751 |
| (C) The time limitations associated with the requirements in | 92752 |
| divisions (A)(2) and (A)(4) of this section apply only to | 92753 |
| submissions of claims to, and payments of claims by, a health | 92754 |
| insurer to which 42 U.S.C. 1396a(a)(25)(I) applies. | 92755 |
| Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the | 92756 |
| Revised Code: | 92757 |
| (A) "Abuse" means the infliction upon an adult by self or | 92758 |
| others of injury, unreasonable confinement, intimidation, or cruel | 92759 |
| punishment with resulting physical harm, pain, or mental anguish. | 92760 |
| (B) "Adult" means any person sixty years of age or older | 92761 |
| within this state who is handicapped by the infirmities of aging | 92762 |
| or who has a physical or mental impairment which prevents the | 92763 |
| person from providing for the person's own care or protection, and | 92764 |
| who resides in an independent living arrangement. An "independent | 92765 |
| living arrangement" is a domicile of a person's own choosing, | 92766 |
| including, but not limited to, a private home, apartment, trailer, | 92767 |
|
or
rooming house. | 92768 |
| An
"independent living arrangement" includes | 92769 |
| 92770 | |
| 92771 | |
|
include other institutions or facilities licensed by the
state | 92772 |
| facilities in which a person resides as a result of voluntary, | 92773 |
|
civil, or criminal commitment. | 92774 |
| 92775 | |
| 92776 |
| (C) "Caretaker" means the person assuming the responsibility | 92777 |
| for the care of an adult on a voluntary basis, by contract, | 92778 |
| through receipt of payment for care, as a result of a family | 92779 |
| relationship, or by order of a court of competent jurisdiction. | 92780 |
| (D) "Court" means the probate court in the county where an | 92781 |
| adult resides. | 92782 |
| (E) "Emergency" means that the adult is living in conditions | 92783 |
| which present a substantial risk of immediate and irreparable | 92784 |
| physical harm or death to self or any other person. | 92785 |
| (F) "Emergency services" means protective services furnished | 92786 |
| to an adult in an emergency. | 92787 |
| (G) "Exploitation" means the unlawful or improper act of a | 92788 |
| caretaker using an adult or an adult's resources for monetary or | 92789 |
| personal benefit, profit, or gain. | 92790 |
| (H) "In need of protective services" means an adult known or | 92791 |
| suspected to be suffering from abuse, neglect, or exploitation to | 92792 |
| an extent that either life is endangered or physical harm, mental | 92793 |
| anguish, or mental illness results or is likely to result. | 92794 |
| (I) "Incapacitated person" means a person who is impaired for | 92795 |
| any reason to the extent that the person lacks sufficient | 92796 |
| understanding or capacity to make and carry out reasonable | 92797 |
| decisions concerning the person's self or resources, with or | 92798 |
| without the assistance of a caretaker. Refusal to consent to the | 92799 |
| provision of services shall not be the sole determinative that the | 92800 |
| person is incapacitated. "Reasonable decisions" are decisions made | 92801 |
| in daily living which facilitate the provision of food, shelter, | 92802 |
| clothing, and health care necessary for life support. | 92803 |
| (J) "Mental illness" means a substantial disorder of thought, | 92804 |
| mood, perception, orientation, or memory that grossly impairs | 92805 |
| judgment, behavior, capacity to recognize reality, or ability to | 92806 |
| meet the ordinary demands of life. | 92807 |
| (K) "Neglect" means the failure of an adult to provide for | 92808 |
| self the goods or services necessary to avoid physical harm, | 92809 |
| mental anguish, or mental illness or the failure of a caretaker to | 92810 |
| provide such goods or services. | 92811 |
| (L) "Peace officer" means a peace officer as defined in | 92812 |
| section 2935.01 of the Revised Code. | 92813 |
| (M) "Physical harm" means bodily pain, injury, impairment, or | 92814 |
| disease suffered by an adult. | 92815 |
| (N) "Protective services" means services provided by the | 92816 |
| county department of job and family services or its designated | 92817 |
| agency to an adult who has been determined by evaluation to | 92818 |
| require such services for the prevention, correction, or | 92819 |
| discontinuance of an act of as well as conditions resulting from | 92820 |
| abuse, neglect, or exploitation. Protective services may include, | 92821 |
| but are not limited to, case work services, medical care, mental | 92822 |
| health services, legal services, fiscal management, home health | 92823 |
| care, homemaker services, housing-related services, guardianship | 92824 |
| services, and placement services as well as the provision of such | 92825 |
| commodities as food, clothing, and shelter. | 92826 |
| (O) "Working day" means Monday, Tuesday, Wednesday, Thursday, | 92827 |
| and Friday, except when such day is a holiday as defined in | 92828 |
| section 1.14 of the Revised Code. | 92829 |
| Sec. 5101.61. (A) As used in this section: | 92830 |
| (1) "Senior service provider" means any person who provides | 92831 |
| care or services to a person who is an adult as defined in | 92832 |
| division (B) of section 5101.60 of the Revised Code. | 92833 |
| (2) "Ambulatory health facility" means a nonprofit, public or | 92834 |
| proprietary freestanding organization or a unit of such an agency | 92835 |
| or organization that: | 92836 |
| (a) Provides preventive, diagnostic, therapeutic, | 92837 |
| rehabilitative, or palliative items or services furnished to an | 92838 |
| outpatient or ambulatory patient, by or under the direction of a | 92839 |
| physician or dentist in a facility which is not a part of a | 92840 |
| hospital, but which is organized and operated to provide medical | 92841 |
| care to outpatients; | 92842 |
| (b) Has health and medical care policies which are developed | 92843 |
| with the advice of, and with the provision of review of such | 92844 |
| policies, an advisory committee of professional personnel, | 92845 |
| including one or more physicians, one or more dentists, if dental | 92846 |
| care is provided, and one or more registered nurses; | 92847 |
| (c) Has a medical director, a dental director, if dental care | 92848 |
| is provided, and a nursing director responsible for the execution | 92849 |
| of such policies, and has physicians, dentists, nursing, and | 92850 |
| ancillary staff appropriate to the scope of services provided; | 92851 |
| (d) Requires that the health care and medical care of every | 92852 |
| patient be under the supervision of a physician, provides for | 92853 |
| medical care in a case of emergency, has in effect a written | 92854 |
| agreement with one or more hospitals and other centers or clinics, | 92855 |
| and has an established patient referral system to other resources, | 92856 |
| and a utilization review plan and program; | 92857 |
| (e) Maintains clinical records on all patients; | 92858 |
| (f) Provides nursing services and other therapeutic services | 92859 |
| in accordance with programs and policies, with such services | 92860 |
| supervised by a registered professional nurse, and has a | 92861 |
| registered professional nurse on duty at all times of clinical | 92862 |
| operations; | 92863 |
| (g) Provides approved methods and procedures for the | 92864 |
| dispensing and administration of drugs and biologicals; | 92865 |
| (h) Has established an accounting and record keeping system | 92866 |
| to determine reasonable and allowable costs; | 92867 |
| (i) "Ambulatory health facilities" also includes an | 92868 |
| alcoholism treatment facility approved by the joint commission on | 92869 |
| accreditation of healthcare organizations as an alcoholism | 92870 |
| treatment facility or certified by the department of alcohol and | 92871 |
| drug addiction services, and such facility shall comply with other | 92872 |
| provisions of this division not inconsistent with such | 92873 |
| accreditation or certification. | 92874 |
| (3) "Community mental health facility" means a facility which | 92875 |
| provides community mental health services and is included in the | 92876 |
| comprehensive mental health plan for the alcohol, drug addiction, | 92877 |
| and mental health service district in which it is located. | 92878 |
| (4) "Community mental health service" means services, other | 92879 |
| than inpatient services, provided by a community mental health | 92880 |
| facility. | 92881 |
| (5) "Home health agency" means an institution or a distinct | 92882 |
| part of an institution operated in this state which: | 92883 |
| (a) Is primarily engaged in providing home health services; | 92884 |
| (b) Has home health policies which are established by a group | 92885 |
| of professional personnel, including one or more duly licensed | 92886 |
| doctors of medicine or osteopathy and one or more registered | 92887 |
| professional nurses, to govern the home health services it | 92888 |
| provides and which includes a requirement that every patient must | 92889 |
| be under the care of a duly licensed doctor of medicine or | 92890 |
| osteopathy; | 92891 |
| (c) Is under the supervision of a duly licensed doctor of | 92892 |
| medicine or doctor of osteopathy or a registered professional | 92893 |
| nurse who is responsible for the execution of such home health | 92894 |
| policies; | 92895 |
| (d) Maintains comprehensive records on all patients; | 92896 |
| (e) Is operated by the state, a political subdivision, or an | 92897 |
| agency of either, or is operated not for profit in this state and | 92898 |
| is licensed or registered, if required, pursuant to law by the | 92899 |
| appropriate department of the state, county, or municipality in | 92900 |
| which it furnishes services; or is operated for profit in this | 92901 |
| state, meets all the requirements specified in divisions (A)(5)(a) | 92902 |
| to (d) of this section, and is certified under Title XVIII of the | 92903 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as | 92904 |
| amended. | 92905 |
| (6) "Home health service" means the following items and | 92906 |
| services, provided, except as provided in division (A)(6)(g) of | 92907 |
| this section, on a visiting basis in a place of residence used as | 92908 |
| the patient's home: | 92909 |
| (a) Nursing care provided by or under the supervision of a | 92910 |
| registered professional nurse; | 92911 |
| (b) Physical, occupational, or speech therapy ordered by the | 92912 |
| patient's attending physician; | 92913 |
| (c) Medical social services performed by or under the | 92914 |
| supervision of a qualified medical or psychiatric social worker | 92915 |
| and under the direction of the patient's attending physician; | 92916 |
| (d) Personal health care of the patient performed by aides in | 92917 |
| accordance with the orders of a doctor of medicine or osteopathy | 92918 |
| and under the supervision of a registered professional nurse; | 92919 |
| (e) Medical supplies and the use of medical appliances; | 92920 |
| (f) Medical services of interns and residents-in-training | 92921 |
| under an approved teaching program of a nonprofit hospital and | 92922 |
| under the direction and supervision of the patient's attending | 92923 |
| physician; | 92924 |
| (g) Any of the foregoing items and services which: | 92925 |
| (i) Are provided on an outpatient basis under arrangements | 92926 |
| made by the home health agency at a hospital or skilled nursing | 92927 |
| facility; | 92928 |
| (ii) Involve the use of equipment of such a nature that the | 92929 |
| items and services cannot readily be made available to the patient | 92930 |
| in the patient's place of residence, or which are furnished at the | 92931 |
| hospital or skilled nursing facility while the patient is there to | 92932 |
| receive any item or service involving the use of such equipment. | 92933 |
| Any attorney, physician, osteopath, podiatrist, chiropractor, | 92934 |
| dentist, psychologist, any employee of a hospital as defined in | 92935 |
| section 3701.01 of the Revised Code, any nurse licensed under | 92936 |
| Chapter 4723. of the Revised Code, any employee of an ambulatory | 92937 |
| health facility, any employee of a home health agency, any | 92938 |
| employee of an adult care facility as defined in section 3722.01 | 92939 |
|
of the Revised Code, | 92940 |
| 92941 | |
| a nursing home, residential care facility, or home for the aging, | 92942 |
| as defined in section 3721.01 of the Revised Code, any senior | 92943 |
| service provider, any peace officer, coroner, clergyman, any | 92944 |
| employee of a community mental health facility, and any person | 92945 |
| engaged in social work or counseling having reasonable cause to | 92946 |
| believe that an adult is being abused, neglected, or exploited, or | 92947 |
| is in a condition which is the result of abuse, neglect, or | 92948 |
| exploitation shall immediately report such belief to the county | 92949 |
| department of job and family services. This section does not apply | 92950 |
| to employees of any hospital or public hospital as defined in | 92951 |
| section 5122.01 of the Revised Code. | 92952 |
| (B) Any person having reasonable cause to believe that an | 92953 |
| adult has suffered abuse, neglect, or exploitation may report, or | 92954 |
| cause reports to be made of such belief to the department. | 92955 |
| (C) The reports made under this section shall be made orally | 92956 |
| or in writing except that oral reports shall be followed by a | 92957 |
| written report if a written report is requested by the department. | 92958 |
| Written reports shall include: | 92959 |
| (1) The name, address, and approximate age of the adult who | 92960 |
| is the subject of the report; | 92961 |
| (2) The name and address of the individual responsible for | 92962 |
| the adult's care, if any individual is, and if the individual is | 92963 |
| known; | 92964 |
| (3) The nature and extent of the alleged abuse, neglect, or | 92965 |
| exploitation of the adult; | 92966 |
| (4) The basis of the reporter's belief that the adult has | 92967 |
| been abused, neglected, or exploited. | 92968 |
| (D) Any person with reasonable cause to believe that an adult | 92969 |
| is suffering abuse, neglect, or exploitation who makes a report | 92970 |
| pursuant to this section or who testifies in any administrative or | 92971 |
| judicial proceeding arising from such a report, or any employee of | 92972 |
| the state or any of its subdivisions who is discharging | 92973 |
| responsibilities under section 5101.62 of the Revised Code shall | 92974 |
| be immune from civil or criminal liability on account of such | 92975 |
| investigation, report, or testimony, except liability for perjury, | 92976 |
| unless the person has acted in bad faith or with malicious | 92977 |
| purpose. | 92978 |
| (E) No employer or any other person with the authority to do | 92979 |
| so shall discharge, demote, transfer, prepare a negative work | 92980 |
| performance evaluation, or reduce benefits, pay, or work | 92981 |
| privileges, or take any other action detrimental to an employee or | 92982 |
| in any way retaliate against an employee as a result of the | 92983 |
| employee's having filed a report under this section. | 92984 |
| (F) Neither the written or oral report provided for in this | 92985 |
| section nor the investigatory report provided for in section | 92986 |
| 5101.62 of the Revised Code shall be considered a public record as | 92987 |
| defined in section 149.43 of the Revised Code. Information | 92988 |
| contained in the report shall upon request be made available to | 92989 |
| the adult who is the subject of the report, to agencies authorized | 92990 |
| by the department to receive information contained in the report, | 92991 |
| and to legal counsel for the adult. | 92992 |
| Sec. 5101.83. (A) As used in this section: | 92993 |
| (1) "Assistance group" has the same meaning as in section | 92994 |
|
5107.02 of the Revised Code | 92995 |
| 92996 | |
| 92997 |
| (2)
"Fraudulent assistance" means | 92998 |
| 92999 | |
|
program established under
Chapter 5107. | 93000 |
| 93001 | |
| 93002 | |
| behalf of an assistance group that is provided as a result of | 93003 |
| fraud by a member of the assistance group, including an | 93004 |
| intentional violation of the program's requirements. "Fraudulent | 93005 |
|
assistance" does not include cash assistance | 93006 |
| behalf of an assistance group that is provided as a result of an | 93007 |
| error that is the fault of a county department of job and family | 93008 |
| services or the state department of job and family services. | 93009 |
| (B) If a county director of job and family services | 93010 |
| determines that an assistance group has received fraudulent | 93011 |
| assistance, the assistance group is ineligible to participate in | 93012 |
|
the
Ohio works first program | 93013 |
| 93014 | |
| the cost of the fraudulent assistance. If a member repays the cost | 93015 |
| of the fraudulent assistance and the assistance group otherwise | 93016 |
| meets the eligibility requirements for the Ohio works first | 93017 |
|
program | 93018 |
| assistance group shall not be denied the opportunity to | 93019 |
| participate in the program. | 93020 |
| This section does not limit the ability of a county | 93021 |
| department of job and family services to recover erroneous | 93022 |
| payments under section 5107.76 of the Revised Code. | 93023 |
| The state department of job and family services shall adopt | 93024 |
| rules in accordance with Chapter 119. of the Revised Code to | 93025 |
| implement this section. | 93026 |
| Sec. 5101.84. An individual otherwise ineligible for aid | 93027 |
|
under
| 93028 |
|
section 5101.80 of the Revised Code, or | 93029 |
|
nutrition assistance program benefits under the
| 93030 |
|
Nutrition Act of | 93031 |
| 93032 | |
| 93033 | |
| 93034 | |
| or benefits if the individual meets all other eligibility | 93035 |
| requirements for the aid or benefits. | 93036 |
| Sec. 5104.01. As used in this chapter: | 93037 |
| (A) "Administrator" means the person responsible for the | 93038 |
| daily operation of a center or type A home. The administrator and | 93039 |
| the owner may be the same person. | 93040 |
| (B) "Approved child day camp" means a child day camp approved | 93041 |
| pursuant to section 5104.22 of the Revised Code. | 93042 |
| (C) "Authorized provider" means a person authorized by a | 93043 |
| county director of job and family services to operate a certified | 93044 |
| type B family day-care home. | 93045 |
| (D) "Border state child care provider" means a child care | 93046 |
| provider that is located in a state bordering Ohio and that is | 93047 |
| licensed, certified, or otherwise approved by that state to | 93048 |
| provide child care. | 93049 |
| (E) "Caretaker parent" means the father or mother of a child | 93050 |
| whose presence in the home is needed as the caretaker of the | 93051 |
| child, a person who has legal custody of a child and whose | 93052 |
| presence in the home is needed as the caretaker of the child, a | 93053 |
| guardian of a child whose presence in the home is needed as the | 93054 |
| caretaker of the child, and any other person who stands in loco | 93055 |
| parentis with respect to the child and whose presence in the home | 93056 |
| is needed as the caretaker of the child. | 93057 |
| (F) "Certified type B family day-care home" and "certified | 93058 |
| type B home" mean a type B family day-care home that is certified | 93059 |
| by the director of the county department of job and family | 93060 |
| services pursuant to section 5104.11 of the Revised Code to | 93061 |
| receive public funds for providing child care pursuant to this | 93062 |
| chapter and any rules adopted under it. | 93063 |
| (G) "Chartered nonpublic school" means a school that meets | 93064 |
| standards for nonpublic schools prescribed by the state board of | 93065 |
| education for nonpublic schools pursuant to section 3301.07 of the | 93066 |
| Revised Code. | 93067 |
| (H) "Child" includes an infant, toddler, preschool child, or | 93068 |
| school child. | 93069 |
| (I) "Child care block grant act" means the "Child Care and | 93070 |
| Development Block Grant Act of 1990," established in section 5082 | 93071 |
| of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. | 93072 |
| 1388-236 (1990), 42 U.S.C. 9858, as amended. | 93073 |
| (J) "Child day camp" means a program in which only school | 93074 |
| children attend or participate, that operates for no more than | 93075 |
| seven hours per day, that operates only during one or more public | 93076 |
| school district's regular vacation periods or for no more than | 93077 |
| fifteen weeks during the summer, and that operates outdoor | 93078 |
| activities for each child who attends or participates in the | 93079 |
| program for a minimum of fifty per cent of each day that children | 93080 |
| attend or participate in the program, except for any day when | 93081 |
| hazardous weather conditions prevent the program from operating | 93082 |
| outdoor activities for a minimum of fifty per cent of that day. | 93083 |
| For purposes of this division, the maximum seven hours of | 93084 |
| operation time does not include transportation time from a child's | 93085 |
| home to a child day camp and from a child day camp to a child's | 93086 |
| home. | 93087 |
| (K) "Child care" means administering to the needs of infants, | 93088 |
| toddlers, preschool children, and school children outside of | 93089 |
| school hours by persons other than their parents or guardians, | 93090 |
| custodians, or relatives by blood, marriage, or adoption for any | 93091 |
| part of the twenty-four-hour day in a place or residence other | 93092 |
| than a child's own home. | 93093 |
| (L) "Child day-care center" and "center" mean any place in | 93094 |
| which child care or publicly funded child care is provided for | 93095 |
| thirteen or more children at one time or any place that is not the | 93096 |
| permanent residence of the licensee or administrator in which | 93097 |
| child care or publicly funded child care is provided for seven to | 93098 |
| twelve children at one time. In counting children for the | 93099 |
| purposes of this division, any children under six years of age who | 93100 |
| are related to a licensee, administrator, or employee and who are | 93101 |
| on the premises of the center shall be counted. "Child day-care | 93102 |
| center" and "center" do not include any of the following: | 93103 |
| (1) A place located in and operated by a hospital, as defined | 93104 |
| in section 3727.01 of the Revised Code, in which the needs of | 93105 |
| children are administered to, if all the children whose needs are | 93106 |
| being administered to are monitored under the on-site supervision | 93107 |
| of a physician licensed under Chapter 4731. of the Revised Code or | 93108 |
| a registered nurse licensed under Chapter 4723. of the Revised | 93109 |
| Code, and the services are provided only for children who, in the | 93110 |
| opinion of the child's parent, guardian, or custodian, are | 93111 |
| exhibiting symptoms of a communicable disease or other illness or | 93112 |
| are injured; | 93113 |
| (2) A child day camp; | 93114 |
| (3) A place that provides child care, but not publicly funded | 93115 |
| child care, if all of the following apply: | 93116 |
| (a) An organized religious body provides the child care; | 93117 |
| (b) A parent, custodian, or guardian of at least one child | 93118 |
| receiving child care is on the premises and readily accessible at | 93119 |
| all times; | 93120 |
| (c) The child care is not provided for more than thirty days | 93121 |
| a year; | 93122 |
| (d) The child care is provided only for preschool and school | 93123 |
| children. | 93124 |
| (M) "Child care resource and referral service organization" | 93125 |
| means a community-based nonprofit organization that provides child | 93126 |
| care resource and referral services but not child care. | 93127 |
| (N) "Child care resource and referral services" means all of | 93128 |
| the following services: | 93129 |
| (1) Maintenance of a uniform data base of all child care | 93130 |
| providers in the community that are in compliance with this | 93131 |
| chapter, including current occupancy and vacancy data; | 93132 |
| (2) Provision of individualized consumer education to | 93133 |
| families seeking child care; | 93134 |
| (3) Provision of timely referrals of available child care | 93135 |
| providers to families seeking child care; | 93136 |
| (4) Recruitment of child care providers; | 93137 |
| (5) Assistance in the development, conduct, and dissemination | 93138 |
| of training for child care providers and provision of technical | 93139 |
| assistance to current and potential child care providers, | 93140 |
| employers, and the community; | 93141 |
| (6) Collection and analysis of data on the supply of and | 93142 |
| demand for child care in the community; | 93143 |
| (7) Technical assistance concerning locally, state, and | 93144 |
| federally funded child care and early childhood education | 93145 |
| programs; | 93146 |
| (8) Stimulation of employer involvement in making child care | 93147 |
| more affordable, more available, safer, and of higher quality for | 93148 |
| their employees and for the community; | 93149 |
| (9) Provision of written educational materials to caretaker | 93150 |
| parents and informational resources to child care providers; | 93151 |
| (10) Coordination of services among child care resource and | 93152 |
| referral service organizations to assist in developing and | 93153 |
| maintaining a statewide system of child care resource and referral | 93154 |
| services if required by the department of job and family services; | 93155 |
| (11) Cooperation with the county department of job and family | 93156 |
| services in encouraging the establishment of parent cooperative | 93157 |
| child care centers and parent cooperative type A family day-care | 93158 |
| homes. | 93159 |
| (O) "Child-care staff member" means an employee of a child | 93160 |
| day-care center or type A family day-care home who is primarily | 93161 |
| responsible for the care and supervision of children. The | 93162 |
| administrator may be a part-time child-care staff member when not | 93163 |
| involved in other duties. | 93164 |
| (P) "Drop-in child day-care center," "drop-in center," | 93165 |
| "drop-in type A family day-care home," and "drop-in type A home" | 93166 |
| mean a center or type A home that provides child care or publicly | 93167 |
| funded child care for children on a temporary, irregular basis. | 93168 |
| (Q) "Employee" means a person who either: | 93169 |
| (1) Receives compensation for duties performed in a child | 93170 |
| day-care center or type A family day-care home; | 93171 |
| (2) Is assigned specific working hours or duties in a child | 93172 |
| day-care center or type A family day-care home. | 93173 |
| (R) "Employer" means a person, firm, institution, | 93174 |
| organization, or agency that operates a child day-care center or | 93175 |
| type A family day-care home subject to licensure under this | 93176 |
| chapter. | 93177 |
| (S) "Federal poverty line" means the official poverty | 93178 |
| guideline as revised annually in accordance with section 673(2) of | 93179 |
| the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 93180 |
| U.S.C. 9902, as amended, for a family size equal to the size of | 93181 |
| the family of the person whose income is being determined. | 93182 |
| (T) "Full-time week" means at least thirty-two and one-half | 93183 |
| hours and not more than sixty hours of care in a week for | 93184 |
| licensed child care centers and licensed type A homes and at | 93185 |
| least thirty-two and one-half hours and not more than fifty hours | 93186 |
| of care in a week for certified type B providers. | 93187 |
| (U) "Head start program" means a comprehensive child | 93188 |
| development program that receives funds distributed under the | 93189 |
| "Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as | 93190 |
| amended, and is licensed as a child day-care center. | 93191 |
| | 93192 |
| 5107.10 of the Revised Code, less any amounts required by federal | 93193 |
| statutes or regulations to be disregarded. | 93194 |
| | 93195 |
| in conjunction with an instrument-based program monitoring | 93196 |
| information system, that contains selected licensing requirements | 93197 |
| that are statistically reliable indicators or predictors of a | 93198 |
| child day-care center or type A family day-care home's compliance | 93199 |
| with licensing requirements. | 93200 |
| | 93201 |
| months of age. | 93202 |
| | 93203 |
| the child but provides care in the child's home and is certified | 93204 |
| by a county director of job and family services pursuant to | 93205 |
| section 5104.12 of the Revised Code to provide publicly funded | 93206 |
| child care to a child in a child's own home pursuant to this | 93207 |
| chapter and any rules adopted under it. | 93208 |
| | 93209 |
| system" means a method to assess compliance with licensing | 93210 |
| requirements for child day-care centers and type A family day-care | 93211 |
| homes in which each licensing requirement is assigned a weight | 93212 |
| indicative of the relative importance of the requirement to the | 93213 |
| health, growth, and safety of the children that is used to develop | 93214 |
| an indicator checklist. | 93215 |
| | 93216 |
| age category of children who may be cared for in a child day-care | 93217 |
| center or type A family day-care home at one time as determined by | 93218 |
| the director of job and family services considering building | 93219 |
| occupancy limits established by the department of commerce, number | 93220 |
| of available child-care staff members, amount of available indoor | 93221 |
| floor space and outdoor play space, and amount of available play | 93222 |
| equipment, materials, and supplies. | 93223 |
| | 93224 |
| child program" means a preschool program or school child program, | 93225 |
| as defined in section 3301.52 of the Revised Code, that is | 93226 |
| licensed by the department of education pursuant to sections | 93227 |
| 3301.52 to 3301.59 of the Revised Code. | 93228 |
| | 93229 |
| center or type A family day-care home that is licensed pursuant to | 93230 |
| this chapter and who is responsible for ensuring its compliance | 93231 |
| with this chapter and rules adopted pursuant to this chapter. | 93232 |
| | 93233 |
| establish, manage, conduct, or maintain a child day camp. | 93234 |
| | 93235 |
| 1.59 of the Revised Code, or government entity. | 93236 |
| | 93237 |
| cooperative center," "parent cooperative type A family day-care | 93238 |
| home," and "parent cooperative type A home" mean a corporation or | 93239 |
| association organized for providing educational services to the | 93240 |
| children of members of the corporation or association, without | 93241 |
| gain to the corporation or association as an entity, in which the | 93242 |
| services of the corporation or association are provided only to | 93243 |
| children of the members of the corporation or association, | 93244 |
| ownership and control of the corporation or association rests | 93245 |
| solely with the members of the corporation or association, and at | 93246 |
| least one parent-member of the corporation or association is on | 93247 |
| the premises of the center or type A home during its hours of | 93248 |
| operation. | 93249 |
| | 93250 |
| center," "part-time type A family day-care home," and "part-time | 93251 |
| type A home" mean a center or type A home that provides child care | 93252 |
| or publicly funded child care for no more than four hours a day | 93253 |
| for any child. | 93254 |
| | 93255 |
| of an organized religious group are conducted and includes the | 93256 |
| grounds and any other buildings on the grounds used for such | 93257 |
| activities. | 93258 |
| | 93259 |
| old or older but is not a school child. | 93260 |
| | 93261 |
| care for the direct care and protection of a child to whom either | 93262 |
| of the following applies: | 93263 |
| (1) A case plan prepared and maintained for the child | 93264 |
| pursuant to section 2151.412 of the Revised Code indicates a need | 93265 |
| for protective care and the child resides with a parent, | 93266 |
| stepparent, guardian, or another person who stands in loco | 93267 |
| parentis as defined in rules adopted under section 5104.38 of the | 93268 |
| Revised Code; | 93269 |
| (2) The child and the child's caretaker either temporarily | 93270 |
| reside in a facility providing emergency shelter for homeless | 93271 |
| families or are determined by the county department of job and | 93272 |
| family services to be homeless, and are otherwise ineligible for | 93273 |
| publicly funded child care. | 93274 |
| | 93275 |
| the needs of infants, toddlers, preschool children, and school | 93276 |
| children under age thirteen during any part of the | 93277 |
| twenty-four-hour day by persons other than their caretaker parents | 93278 |
| for remuneration wholly or in part with federal or state funds, | 93279 |
| including funds available under the child care block grant act, | 93280 |
| Title IV-A, and Title XX, distributed by the department of job and | 93281 |
| family services. | 93282 |
| | 93283 |
| worship or other religious services; religious instruction; Sunday | 93284 |
| school classes or other religious classes conducted during or | 93285 |
| prior to worship or other religious services; youth or adult | 93286 |
| fellowship activities; choir or other musical group practices or | 93287 |
| programs; meals; festivals; or meetings conducted by an organized | 93288 |
| religious group. | 93289 |
| | 93290 |
| is eligible to be enrolled in a grade of kindergarten or above but | 93291 |
| is less than fifteen years old. | 93292 |
| | 93293 |
| center," "school child type A family day-care home," and "school | 93294 |
| child type A family home" mean a center or type A home that | 93295 |
| provides child care for school children only and that does either | 93296 |
| or both of the following: | 93297 |
| (1) Operates only during that part of the day that | 93298 |
| immediately precedes or follows the public school day of the | 93299 |
| school district in which the center or type A home is located; | 93300 |
| (2) Operates only when the public schools in the school | 93301 |
| district in which the center or type A home is located are not | 93302 |
| open for instruction with pupils in attendance. | 93303 |
| | 93304 |
| calculated by the department of development pursuant to division | 93305 |
| (A)(1)(g) of section 5709.61 of the Revised Code. | 93306 |
| | 93307 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 93308 |
| | 93309 |
| Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. | 93310 |
| | 93311 |
| months of age but less than three years of age. | 93312 |
| | 93313 |
| a permanent residence of the administrator in which child care or | 93314 |
| publicly funded child care is provided for seven to twelve | 93315 |
| children at one time or a permanent residence of the administrator | 93316 |
| in which child care is provided for four to twelve children at one | 93317 |
| time if four or more children at one time are under two years of | 93318 |
| age. In counting children for the purposes of this division, any | 93319 |
| children under six years of age who are related to a licensee, | 93320 |
| administrator, or employee and who are on the premises of the type | 93321 |
| A home shall be counted. "Type A family day-care home" and "type A | 93322 |
| home" do not include any child day camp. | 93323 |
| | 93324 |
| a permanent residence of the provider in which child care is | 93325 |
| provided for one to six children at one time and in which no more | 93326 |
| than three children are under two years of age at one time. In | 93327 |
| counting children for the purposes of this division, any children | 93328 |
| under six years of age who are related to the provider and who are | 93329 |
| on the premises of the type B home shall be counted. "Type B | 93330 |
| family day-care home" and "type B home" do not include any child | 93331 |
| day camp. | 93332 |
| Sec. 5104.041. (A) All type A and type B family day-care | 93333 |
| homes shall procure and maintain one of the following: | 93334 |
| (1) Liability insurance issued by an insurer authorized to do | 93335 |
| business in this state under Chapter 3905. of the Revised Code | 93336 |
| insuring the type A or type B family day-care home against | 93337 |
| liability arising out of, or in connection with, the operation of | 93338 |
| the family day-care home. Liability insurance procured under this | 93339 |
| division shall cover any cause for which the type A or type B | 93340 |
| family day-care home would be liable, in the amount of at least | 93341 |
| one hundred thousand dollars per occurrence and three hundred | 93342 |
| thousand dollars in the aggregate. | 93343 |
| (2) | 93344 |
| guardian, or custodian of each child receiving child care from | 93345 |
| the type A or type B family day-care home that states all of the | 93346 |
| following: | 93347 |
| (a) The family day-care home does not carry liability | 93348 |
| insurance described in division (A)(1) of this section; | 93349 |
| (b) If the licensee of a type A family day-care home or the | 93350 |
| provider of a type B family day-care home is not the owner of | 93351 |
| the real property where the family day-care home is located, the | 93352 |
| liability insurance, if any, of the owner of the real property | 93353 |
| may not provide for coverage of any liability arising out of, or | 93354 |
| in connection with, the operation of the family day-care home. | 93355 |
| (B) If the licensee of a type A family day-care home or the | 93356 |
| provider of a type B family day-care home is not the owner of | 93357 |
| the real property where the family day-care home is located and | 93358 |
| the family day-care home procures liability insurance described | 93359 |
| in division (A)(1) of this section, that licensee or provider | 93360 |
| shall name the owner of the real property as an additional | 93361 |
| insured party on the liability insurance policy if all of the | 93362 |
| following apply: | 93363 |
| (1) The owner of the real property requests the licensee or | 93364 |
| provider, in writing, to add the owner of the real property to | 93365 |
| the liability insurance policy as an additional insured party. | 93366 |
| (2) The addition of the owner of the real property does not | 93367 |
| result in cancellation or nonrenewal of the insurance policy | 93368 |
| procured by the type A or type B family day-care home. | 93369 |
| (3) The owner of the real property pays any additional | 93370 |
| premium assessed for coverage of the owner of the real property. | 93371 |
| (C) Proof of insurance or | 93372 |
| required under division (A) of this section shall be maintained | 93373 |
| at the type A or type B family day-care home and made available | 93374 |
| for review during inspection or investigation as required under | 93375 |
| this chapter. | 93376 |
| (D) The director of job and family services shall adopt rules | 93377 |
| for the enforcement of this section. | 93378 |
| Sec. 5104.051. (A)(1) The department of commerce is | 93379 |
| responsible for the inspections of child day-care centers as | 93380 |
| required by division (A)(1) of section 5104.05 of the Revised | 93381 |
| Code. Where there is a municipal, township, or county building | 93382 |
| department certified under section 3781.10 of the Revised Code to | 93383 |
| exercise enforcement authority with respect to the category of | 93384 |
| building occupancy which includes day-care centers, all | 93385 |
| inspections required under division (A)(1) of section 5104.05 of | 93386 |
| the Revised Code shall be made by that department according to the | 93387 |
| standards established by the board of building standards. | 93388 |
| Inspections in areas of the state where there is no municipal, | 93389 |
| township, or county building department certified under section | 93390 |
| 3781.10 of the Revised Code to exercise enforcement authority with | 93391 |
| respect to the category of building occupancy which includes | 93392 |
| day-care centers shall be made by personnel of the department of | 93393 |
| commerce. Inspections of centers shall be contingent upon payment | 93394 |
| of a fee by the applicant to the department having jurisdiction to | 93395 |
| inspect. | 93396 |
| (2) The department of commerce is responsible for the | 93397 |
| inspections of type A family day-care homes as required by | 93398 |
| division (B)(3) of section 5104.05 of the Revised Code. Where | 93399 |
| there is a municipal, township, or county building department | 93400 |
| certified under section 3781.10 of the Revised Code to exercise | 93401 |
| enforcement authority with respect to the category of building | 93402 |
| occupancy which includes type A homes, all inspections required | 93403 |
| under division (B)(3) of section 5104.05 of the Revised Code shall | 93404 |
| be made by that department according to the standards established | 93405 |
| by the board of building standards. Inspections in areas of the | 93406 |
| state where there is no municipal, township, or county building | 93407 |
| department certified under section 3781.10 of the Revised Code to | 93408 |
| exercise enforcement authority with respect to the category of | 93409 |
| building occupancy which includes type A homes shall be made by | 93410 |
| personnel of the department of commerce. Inspections of type A | 93411 |
| homes shall be contingent upon payment of a fee by the applicant | 93412 |
| to the department having jurisdiction to inspect. | 93413 |
| (B) The state fire marshal is responsible for the inspections | 93414 |
| required by divisions (A)(2) and (B)(1) of section 5104.05 of the | 93415 |
| Revised Code. In municipal corporations and in townships outside | 93416 |
| municipal corporations where there is a fire prevention official, | 93417 |
| the inspections shall be made by the fire chief or the fire | 93418 |
| prevention official under the supervision of and according to the | 93419 |
| standards established by the state fire marshal. In townships | 93420 |
| outside municipal corporations where there is no fire prevention | 93421 |
| official, inspections shall be made by the employees of the state | 93422 |
| fire marshal. | 93423 |
| (C) The state fire marshal shall enforce all statutes and | 93424 |
| rules pertaining to fire safety and fire prevention in child | 93425 |
| day-care centers and type A family day-care homes. In the event of | 93426 |
| a dispute between the state fire marshal and any other responsible | 93427 |
| officer under sections 5104.05 and 5104.051 of the Revised Code | 93428 |
| with respect to the interpretation or application of a specific | 93429 |
| fire safety statute or rule, the interpretation of the state fire | 93430 |
| marshal shall prevail. | 93431 |
| (D) As used in this division, "licensor" has the same meaning | 93432 |
| as in section 3717.01 of the Revised Code. | 93433 |
| The licensor for food service operations in the city or | 93434 |
| general health district in which the center is located is | 93435 |
| responsible for the inspections required under Chapter 3717. of | 93436 |
| the Revised Code. | 93437 |
| (E) Any moneys collected by the department of commerce under | 93438 |
| this section shall be paid into the state treasury to the credit | 93439 |
|
of the | 93440 |
| section 121.084 of the Revised Code. | 93441 |
| Sec. 5104.30. (A) The department of job and family services | 93442 |
| is hereby designated as the state agency responsible for | 93443 |
| administration and coordination of federal and state funding for | 93444 |
| publicly funded child care in this state. Publicly funded child | 93445 |
| care shall be provided to the following: | 93446 |
| (1) Recipients of transitional child care as provided under | 93447 |
| section 5104.34 of the Revised Code; | 93448 |
| (2) Participants in the Ohio works first program established | 93449 |
| under Chapter 5107. of the Revised Code; | 93450 |
| (3) Individuals who would be participating in the Ohio works | 93451 |
| first program if not for a sanction under section 5107.16 of the | 93452 |
| Revised Code and who continue to participate in a work activity, | 93453 |
| developmental activity, or alternative work activity pursuant to | 93454 |
| an assignment under section 5107.42 of the Revised Code; | 93455 |
| (4) A family receiving publicly funded child care on October | 93456 |
| 1, 1997, until the family's income reaches one hundred fifty per | 93457 |
| cent of the federal poverty line; | 93458 |
| (5) Subject to available funds, other individuals determined | 93459 |
| eligible in accordance with rules adopted under section 5104.38 of | 93460 |
| the Revised Code. | 93461 |
| The department shall apply to the United States department of | 93462 |
| health and human services for authority to operate a coordinated | 93463 |
| program for publicly funded child care, if the director of job and | 93464 |
| family services determines that the application is necessary. For | 93465 |
| purposes of this section, the department of job and family | 93466 |
| services may enter into agreements with other state agencies that | 93467 |
| are involved in regulation or funding of child care. The | 93468 |
| department shall consider the special needs of migrant workers | 93469 |
| when it administers and coordinates publicly funded child care and | 93470 |
| shall develop appropriate procedures for accommodating the needs | 93471 |
| of migrant workers for publicly funded child care. | 93472 |
| (B) The department of job and family services shall | 93473 |
| distribute state and federal funds for publicly funded child care, | 93474 |
| including appropriations of state funds for publicly funded child | 93475 |
| care and appropriations of federal funds available under the child | 93476 |
| care block grant act, Title IV-A, and Title XX. The department may | 93477 |
| use any state funds appropriated for publicly funded child care as | 93478 |
| the state share required to match any federal funds appropriated | 93479 |
| for publicly funded child care. | 93480 |
| (C) In the use of federal funds available under the child | 93481 |
| care block grant act, all of the following apply: | 93482 |
| (1) The department may use the federal funds to hire staff to | 93483 |
| prepare any rules required under this chapter and to administer | 93484 |
| and coordinate federal and state funding for publicly funded child | 93485 |
| care. | 93486 |
| (2) Not more than five per cent of the aggregate amount of | 93487 |
| the federal funds received for a fiscal year may be expended for | 93488 |
| administrative costs. | 93489 |
| (3) The department shall allocate and use at least four per | 93490 |
| cent of the federal funds for the following: | 93491 |
| (a) Activities designed to provide comprehensive consumer | 93492 |
| education to parents and the public; | 93493 |
| (b) Activities that increase parental choice; | 93494 |
| (c) Activities, including child care resource and referral | 93495 |
| services, designed to improve the quality, and increase the | 93496 |
| supply, of child care; | 93497 |
| (d) Establishing a voluntary child day-care center | 93498 |
| quality-rating program in which participation in the program may | 93499 |
| allow a child day-care center to be eligible for grants, technical | 93500 |
| assistance, training, or other assistance and become eligible for | 93501 |
| unrestricted monetary awards for maintaining a quality rating. | 93502 |
| (4) The department shall ensure that the federal funds will | 93503 |
| be used only to supplement, and will not be used to supplant, | 93504 |
| federal, state, and local funds available on the effective date of | 93505 |
| the child care block grant act for publicly funded child care and | 93506 |
|
related programs. | 93507 |
| department pursuant to section 5104.42 of the Revised Code, county | 93508 |
| 93509 | |
| child care from funds obtained through any other means. | 93510 |
| (D) The department shall encourage the development of | 93511 |
| suitable child care throughout the state, especially in areas with | 93512 |
| high concentrations of recipients of public assistance and | 93513 |
| families with low incomes. The department shall encourage the | 93514 |
| development of suitable child care designed to accommodate the | 93515 |
| special needs of migrant workers. On request, the department, | 93516 |
| through its employees or contracts with state or community child | 93517 |
| care resource and referral service organizations, shall provide | 93518 |
| consultation to groups and individuals interested in developing | 93519 |
| child care. The department of job and family services may enter | 93520 |
| into interagency agreements with the department of education, the | 93521 |
| board of regents, the department of development, and other state | 93522 |
| agencies and entities whenever the cooperative efforts of the | 93523 |
| other state agencies and entities are necessary for the department | 93524 |
| of job and family services to fulfill its duties and | 93525 |
| responsibilities under this chapter. | 93526 |
| The department shall develop and maintain a registry of | 93527 |
| persons providing child care. The director shall adopt rules | 93528 |
| pursuant to Chapter 119. of the Revised Code establishing | 93529 |
| procedures and requirements for the registry's administration. | 93530 |
| (E)(1) The director shall adopt rules in accordance with | 93531 |
| Chapter 119. of the Revised Code establishing both of the | 93532 |
| following: | 93533 |
| (a) Reimbursement ceilings for providers of publicly funded | 93534 |
| child care not later than the first day of July in each | 93535 |
| odd-numbered year; | 93536 |
| (b) A procedure for reimbursing and paying providers of | 93537 |
| publicly funded child care. | 93538 |
| (2) In establishing reimbursement ceilings under division | 93539 |
| (E)(1)(a) of this section, the director shall do all of the | 93540 |
| following: | 93541 |
| (a) Use the information obtained under division (B)(3) of | 93542 |
| section 5104.04 of the Revised Code; | 93543 |
| (b) Establish an enhanced reimbursement ceiling for providers | 93544 |
| who provide child care for caretaker parents who work | 93545 |
| nontraditional hours; | 93546 |
| (c) For a type B family day-care home provider that has | 93547 |
| received limited certification pursuant to rules adopted under | 93548 |
| division (G)(1) of section 5104.011 of the Revised Code, establish | 93549 |
| a reimbursement ceiling that is the following: | 93550 |
| (i) If the provider is a person described in division | 93551 |
| (G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five | 93552 |
| per cent of the reimbursement ceiling that applies to a type B | 93553 |
| family day-care home certified by the same county department of | 93554 |
| job and family services pursuant to section 5104.11 of the Revised | 93555 |
| Code; | 93556 |
| (ii) If the provider is a person described in division | 93557 |
| (G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per | 93558 |
| cent of the reimbursement ceiling that applies to a type B | 93559 |
| family day-care home certified by the same county department | 93560 |
| pursuant to section 5104.11 of the Revised Code. | 93561 |
| (3) In establishing reimbursement ceilings under division | 93562 |
| (E)(1)(a) of this section, the director may establish different | 93563 |
| reimbursement ceilings based on any of the following: | 93564 |
| (a) Geographic location of the provider; | 93565 |
| (b) Type of care provided; | 93566 |
| (c) Age of the child served; | 93567 |
| (d) Special needs of the child served; | 93568 |
| (e) Whether the expanded hours of service are provided; | 93569 |
| (f) Whether weekend service is provided; | 93570 |
| (g) Whether the provider has exceeded the minimum | 93571 |
| requirements of state statutes and rules governing child care; | 93572 |
| (h) Any other factors the director considers appropriate. | 93573 |
| (F) The director shall adopt rules in accordance with Chapter | 93574 |
| 119. of the Revised Code to implement the voluntary child day-care | 93575 |
| center quality-rating program described in division (C)(3)(d) of | 93576 |
| this section. | 93577 |
| Sec. 5104.32. (A) Except as provided in division (C) of this | 93578 |
| section, all purchases of publicly funded child care shall be made | 93579 |
| under a contract entered into by a licensed child day-care center, | 93580 |
| licensed type A family day-care home, certified type B family | 93581 |
| day-care home, certified in-home aide, approved child day camp, | 93582 |
| licensed preschool program, licensed school child program, or | 93583 |
| border state child care provider and the county department of job | 93584 |
| and family services. A county department of job and family | 93585 |
| services may enter into a contract with a provider for publicly | 93586 |
| funded child care for a specified period of time or upon a | 93587 |
| continuous basis for an unspecified period of time. All contracts | 93588 |
| for publicly funded child care shall be contingent upon the | 93589 |
| availability of state and federal funds. The department of job and | 93590 |
| family services shall prescribe a standard form to be used for all | 93591 |
| contracts for the purchase of publicly funded child care, | 93592 |
| regardless of the source of public funds used to purchase the | 93593 |
| child care. To the extent permitted by federal law and | 93594 |
| notwithstanding any other provision of the Revised Code that | 93595 |
| regulates state or county contracts or contracts involving the | 93596 |
| expenditure of state, county, or federal funds, all contracts for | 93597 |
| publicly funded child care shall be entered into in accordance | 93598 |
| with the provisions of this chapter and are exempt from any other | 93599 |
| provision of the Revised Code that regulates state or county | 93600 |
| contracts or contracts involving the expenditure of state, county, | 93601 |
| or federal funds. | 93602 |
| (B) Each contract for publicly funded child care shall | 93603 |
| specify at least the following: | 93604 |
| (1) That the provider of publicly funded child care agrees to | 93605 |
| be paid for rendering services at the lowest of the rate | 93606 |
| customarily charged by the provider for children enrolled for | 93607 |
| child care, the reimbursement ceiling or rate of payment | 93608 |
| established pursuant to section 5104.30 of the Revised Code, or a | 93609 |
| rate the county department negotiates with the provider; | 93610 |
| (2) That, if a provider provides child care to an individual | 93611 |
| potentially eligible for publicly funded child care who is | 93612 |
| subsequently determined to be eligible, the county department | 93613 |
| agrees to pay for all child care provided between the date the | 93614 |
| county department receives the individual's completed application | 93615 |
| and the date the individual's eligibility is determined; | 93616 |
| (3) Whether the county department of job and family services, | 93617 |
| the provider, or a child care resource and referral service | 93618 |
| organization will make eligibility determinations, whether the | 93619 |
| provider or a child care resource and referral service | 93620 |
| organization will be required to collect information to be used by | 93621 |
| the county department to make eligibility determinations, and the | 93622 |
| time period within which the provider or child care resource and | 93623 |
| referral service organization is required to complete required | 93624 |
| eligibility determinations or to transmit to the county department | 93625 |
| any information collected for the purpose of making eligibility | 93626 |
| determinations; | 93627 |
| (4) That the provider, other than a border state child care | 93628 |
| provider, shall continue to be licensed, approved, or certified | 93629 |
| pursuant to this chapter and shall comply with all standards and | 93630 |
| other requirements in this chapter and in rules adopted pursuant | 93631 |
| to this chapter for maintaining the provider's license, approval, | 93632 |
| or certification; | 93633 |
| (5) That, in the case of a border state child care provider, | 93634 |
| the provider shall continue to be licensed, certified, or | 93635 |
| otherwise approved by the state in which the provider is located | 93636 |
| and shall comply with all standards and other requirements | 93637 |
| established by that state for maintaining the provider's license, | 93638 |
| certificate, or other approval; | 93639 |
| (6) Whether the provider will be paid by the county | 93640 |
|
department of job and family services | 93641 |
| job and family services, or in some other manner as prescribed by | 93642 |
| rules adopted under section 5104.42 of the Revised Code; | 93643 |
| (7) That the contract is subject to the availability of state | 93644 |
| and federal funds. | 93645 |
| (C) Unless specifically prohibited by federal law or by rules | 93646 |
| adopted under section 5104.42 of the Revised Code, the county | 93647 |
| department of job and family services shall give individuals | 93648 |
| eligible for publicly funded child care the option of obtaining | 93649 |
| certificates for payment that the individual may use to purchase | 93650 |
| services from any provider qualified to provide publicly funded | 93651 |
| child care under section 5104.31 of the Revised Code. Providers of | 93652 |
| publicly funded child care may present these certificates for | 93653 |
| payment for reimbursement in accordance with rules that the | 93654 |
| director of job and family services shall adopt. Only providers | 93655 |
| may receive reimbursement for certificates for payment. The value | 93656 |
| of the certificate for payment shall be based on the lowest of the | 93657 |
| rate customarily charged by the provider, the reimbursement | 93658 |
| ceiling or rate of payment established pursuant to section 5104.30 | 93659 |
| of the Revised Code, or a rate the county department negotiates | 93660 |
| with the provider. The county department may provide the | 93661 |
| certificates for payment to the individuals or may contract with | 93662 |
| child care providers or child care resource and referral service | 93663 |
| organizations that make determinations of eligibility for publicly | 93664 |
| funded child care pursuant to contracts entered into under section | 93665 |
| 5104.34 of the Revised Code for the providers or resource and | 93666 |
| referral service organizations to provide the certificates for | 93667 |
| payment to individuals whom they determine are eligible for | 93668 |
| publicly funded child care. | 93669 |
| For each six-month period a provider of publicly funded child | 93670 |
| care provides publicly funded child day-care to the child of an | 93671 |
| individual given certificates for payment, the individual shall | 93672 |
| provide the provider certificates for days the provider would have | 93673 |
| provided publicly funded child care to the child had the child | 93674 |
|
been
present. | 93675 |
| 93676 | |
| 93677 | |
| 93678 | |
| shall be provided certificates shall not exceed ten days in a | 93679 |
| six-month period during which publicly funded child care is | 93680 |
| provided to the child regardless of the number of providers that | 93681 |
| provide publicly funded child care to the child during that | 93682 |
| period. | 93683 |
| Sec. 5104.341. (A) Except as provided in division (B) of | 93684 |
| this section, both of the following apply: | 93685 |
| (1) An eligibility determination made under section 5104.34 | 93686 |
| of the Revised Code for publicly funded child care is valid for | 93687 |
| one year; | 93688 |
| (2) The county department of job and family services shall | 93689 |
| 93690 | |
|
division
(B) of section 5104.34 of the
Revised Code
| 93691 |
| 93692 | |
| 93693 | |
|
family size, or
both | 93694 |
| 93695 |
| (B) Division (A) of this section does not apply in either of | 93696 |
| the following circumstances: | 93697 |
| (1) The publicly funded child care is provided under division | 93698 |
| (B)(4) of section 5104.35 of the Revised Code; | 93699 |
| (2) The recipient of the publicly funded child care ceases to | 93700 |
| be eligible for publicly funded child care. | 93701 |
| Sec. 5104.35. (A) The county department of job and family | 93702 |
| services shall do all of the following: | 93703 |
| (1) Accept any gift, grant, or other funds from either public | 93704 |
| or private sources offered unconditionally or under conditions | 93705 |
| which are, in the judgment of the department, proper and | 93706 |
| consistent with this chapter and deposit the funds in the county | 93707 |
| public assistance fund established by section 5101.161 of the | 93708 |
| Revised Code; | 93709 |
| (2) Recruit individuals and groups interested in | 93710 |
| certification as in-home aides or in developing and operating | 93711 |
| suitable licensed child day-care centers, type A family day-care | 93712 |
| homes, or certified type B family day-care homes, especially in | 93713 |
| areas with high concentrations of recipients of public assistance, | 93714 |
| and for that purpose provide consultation to interested | 93715 |
| individuals and groups on request; | 93716 |
| (3) Inform clients of the availability of child care | 93717 |
| services; | 93718 |
| (4) Pay to a child day-care center, type A family day-care | 93719 |
| home, certified type B family day-care home, in-home aide, | 93720 |
| approved child day camp, licensed preschool program, licensed | 93721 |
| school child program, or border state child care provider for | 93722 |
| child care services, the amount provided for in division (B) of | 93723 |
| section 5104.32 of the Revised Code. If part of the cost of care | 93724 |
| of a child is paid by the child's parent or any other person, the | 93725 |
|
amount paid shall be subtracted from the amount the
| 93726 |
| 93727 |
| (5) In accordance with rules adopted pursuant to section | 93728 |
| 5104.39 of the Revised Code, provide monthly reports to the | 93729 |
| director of job and family services and the director of budget and | 93730 |
| management regarding expenditures for the purchase of publicly | 93731 |
| funded child care. | 93732 |
| (B) The county department of job and family services may do | 93733 |
| any of the following: | 93734 |
| (1) To the extent permitted by federal law, use public child | 93735 |
| care funds to extend the hours of operation of the county | 93736 |
| department to accommodate the needs of working caretaker parents | 93737 |
| and enable those parents to apply for publicly funded child care; | 93738 |
| (2) In accordance with rules adopted by the director of job | 93739 |
| and family services, request a waiver of the reimbursement ceiling | 93740 |
| established pursuant to section 5104.30 of the Revised Code for | 93741 |
| the purpose of paying a higher rate for publicly funded child care | 93742 |
| based upon the special needs of a child; | 93743 |
| (3) To the extent permitted by federal law, use state and | 93744 |
| federal funds to pay deposits and other advance payments that a | 93745 |
| provider of child care customarily charges all children who | 93746 |
| receive child care from that provider; | 93747 |
| (4) To the extent permitted by federal law, pay for up to | 93748 |
| thirty days of child care for a child whose caretaker parent is | 93749 |
| seeking employment, taking part in employment orientation | 93750 |
| activities, or taking part in activities in anticipation of | 93751 |
| enrollment or attendance in an education or training program or | 93752 |
| activity, if the employment or education or training program or | 93753 |
| activity is expected to begin within the thirty-day period. | 93754 |
| Sec. 5104.38. In addition to any other rules adopted under | 93755 |
| this chapter, the director of job and family services shall adopt | 93756 |
| rules in accordance with Chapter 119. of the Revised Code | 93757 |
| governing financial and administrative requirements for publicly | 93758 |
| funded child care and establishing all of the following: | 93759 |
| (A) Procedures and criteria to be used in making | 93760 |
| determinations of eligibility for publicly funded child care that | 93761 |
| give priority to children of families with lower incomes and | 93762 |
| procedures and criteria for eligibility for publicly funded | 93763 |
| protective child care. The rules shall specify the maximum amount | 93764 |
| of income a family may have for initial and continued eligibility. | 93765 |
| The maximum amount shall not exceed two hundred per cent of the | 93766 |
| federal poverty line. | 93767 |
| (B) Procedures under which a county department of job and | 93768 |
| family services may, if the department, under division (A) of this | 93769 |
| section, specifies a maximum amount of income a family may have | 93770 |
| for eligibility for publicly funded child care that is less than | 93771 |
| the maximum amount specified in that division, specify a maximum | 93772 |
| amount of income a family residing in the county the county | 93773 |
| department serves may have for initial and continued eligibility | 93774 |
| for publicly funded child care that is higher than the amount | 93775 |
| specified by the department but does not exceed the maximum amount | 93776 |
| specified in division (A) of this section; | 93777 |
| (C) A schedule of fees requiring all eligible caretaker | 93778 |
| parents to pay a fee for publicly funded child care according to | 93779 |
| income and family size, which shall be uniform for all types of | 93780 |
| publicly funded child care, except as authorized by rule, and, to | 93781 |
| the extent permitted by federal law, shall permit the use of state | 93782 |
| and federal funds to pay the customary deposits and other advance | 93783 |
| payments that a provider charges all children who receive child | 93784 |
| care from that provider. The schedule of fees may not provide for | 93785 |
| a caretaker parent to pay a fee that exceeds ten per cent of the | 93786 |
| parent's family income. | 93787 |
| (D) A formula based upon a percentage of the county's total | 93788 |
| expenditures for publicly funded child care for determining the | 93789 |
| maximum amount of state and federal funds appropriated for | 93790 |
| publicly funded child care that a county department may use for | 93791 |
| administrative purposes; | 93792 |
| (E) Procedures to be followed by the department and county | 93793 |
| departments in recruiting individuals and groups to become | 93794 |
| providers of child care; | 93795 |
| (F) Procedures to be followed in establishing state or local | 93796 |
| programs designed to assist individuals who are eligible for | 93797 |
| publicly funded child care in identifying the resources available | 93798 |
| to them and to refer the individuals to appropriate sources to | 93799 |
| obtain child care; | 93800 |
| (G) Procedures to deal with fraud and abuse committed by | 93801 |
| either recipients or providers of publicly funded child care; | 93802 |
| (H) Procedures for establishing a child care grant or loan | 93803 |
| program in accordance with the child care block grant act; | 93804 |
| (I) Standards and procedures for applicants to apply for | 93805 |
| grants and loans, and for the department to make grants and loans; | 93806 |
| (J) A definition of "person who stands in loco parentis" for | 93807 |
|
the purposes of division | 93808 |
| Revised Code; | 93809 |
| (K) Procedures for a county department of job and family | 93810 |
| services to follow in making eligibility determinations and | 93811 |
| redeterminations for publicly funded child care available through | 93812 |
| telephone, computer, and other means at locations other than the | 93813 |
| county department; | 93814 |
| (L) Any other rules necessary to carry out sections 5104.30 | 93815 |
| to 5104.39 of the Revised Code. | 93816 |
| Sec. 5104.39. (A) The director of job and family services | 93817 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 93818 |
| Code establishing a procedure for monitoring the expenditures of | 93819 |
| county departments of job and family services to ensure that | 93820 |
| expenditures do not exceed the available federal and state funds | 93821 |
| for publicly funded child care. The department, with the | 93822 |
| assistance of the office of budget and management and the child | 93823 |
| care advisory council created pursuant to section 5104.08 of the | 93824 |
| Revised Code, shall monitor the anticipated future expenditures of | 93825 |
| county departments for publicly funded child care and shall | 93826 |
| compare those anticipated future expenditures to available federal | 93827 |
| and state funds for publicly funded child care. Whenever the | 93828 |
| department determines that the anticipated future expenditures of | 93829 |
| the county departments will exceed the available federal and state | 93830 |
|
funds for publicly funded child care | 93831 |
| reimburses the county departments in accordance with rules adopted | 93832 |
| under section 5104.42 of the Revised Code, the department shall | 93833 |
|
promptly | 93834 |
| available state and federal funds are used, the director shall | 93835 |
| issue and implement an administrative order that shall specify | 93836 |
| both of the following: | 93837 |
| (1) Priorities for expending the remaining available federal | 93838 |
| and state funds for publicly funded child care; | 93839 |
| (2) Instructions and procedures to be used by the county | 93840 |
| departments. | 93841 |
| (B) The order may do any or all of the following: | 93842 |
| (1) Suspend enrollment of all new participants in any program | 93843 |
| of publicly funded child care; | 93844 |
| (2) Limit enrollment of new participants to those with | 93845 |
| incomes at or below a specified percentage of the federal poverty | 93846 |
| line; | 93847 |
| (3) Disenroll existing participants with income above a | 93848 |
| specified percentage of the federal poverty line. | 93849 |
| (C) Each county department shall comply with the order no | 93850 |
| later than thirty days after it is issued. If the department fails | 93851 |
| to notify the county departments and to implement the reallocation | 93852 |
| priorities specified in the order before the available federal and | 93853 |
| state funds for publicly funded child care are used, the state | 93854 |
| department shall provide sufficient funds to the county | 93855 |
| departments for publicly funded child care to enable each county | 93856 |
| department to pay for all publicly funded child care that was | 93857 |
| provided by providers pursuant to contract prior to the date that | 93858 |
| the county department received notice under this section and the | 93859 |
| state department implemented in that county the priorities. | 93860 |
| (D) If after issuing an order under this section to suspend | 93861 |
| or limit enrollment of new participants or disenroll existing | 93862 |
| participants the department determines that available state and | 93863 |
| federal funds for publicly funded child care exceed the | 93864 |
| anticipated future expenditures of the county departments, the | 93865 |
| director may issue and implement another administrative order | 93866 |
| increasing income eligibility levels to a specified percentage of | 93867 |
| the federal poverty line. The order shall include instructions and | 93868 |
| procedures to be used by the county departments. Each county | 93869 |
| department shall comply with the order not later than thirty days | 93870 |
| after it is issued. | 93871 |
| (E) The department of job and family services shall do all of | 93872 |
| the following: | 93873 |
| (1) Conduct a quarterly evaluation of the program of publicly | 93874 |
| funded child care that is operated pursuant to sections 5104.30 to | 93875 |
| 5104.39 of the Revised Code; | 93876 |
| (2) Prepare reports based upon the evaluations that specify | 93877 |
| for each county the number of participants and amount of | 93878 |
| expenditures; | 93879 |
| (3) Provide copies of the reports to both houses of the | 93880 |
| general assembly and, on request, to interested parties. | 93881 |
| Sec. 5104.42. The director of job and family services shall | 93882 |
| adopt rules pursuant to section 111.15 of the Revised Code | 93883 |
| establishing a payment procedure for publicly funded child care. | 93884 |
| The rules may provide that the department of job and family | 93885 |
|
services will | 93886 |
| family services for payments made to providers of publicly funded | 93887 |
|
child care | 93888 |
| 93889 | |
| 93890 | |
| another system for the payment of publicly funded child care. | 93891 |
| Alternately, the director, by rule adopted in accordance with | 93892 |
| section 111.15 of the Revised Code, may establish a methodology | 93893 |
| for allocating among the county departments the state and federal | 93894 |
| funds appropriated for all publicly funded child care services. If | 93895 |
| the department chooses to allocate funds for publicly funded child | 93896 |
| care, it may provide the funds to each county department, up to | 93897 |
| the limit of the county's allocation, by advancing the funds or | 93898 |
| reimbursing county care expenditures. The rules adopted under this | 93899 |
| section may prescribe procedures for making the advances or | 93900 |
| reimbursements. The rules may establish a method under which the | 93901 |
| department may determine which county expenditures for child care | 93902 |
| services are allowable for use of and federal funds. | 93903 |
| The rules may establish procedures that a county department | 93904 |
| shall follow when the county department determines that its | 93905 |
| anticipated future expenditures for publicly funded child care | 93906 |
| services will exceed the amount of state and federal funds | 93907 |
| allocated by the state department. The procedures may include | 93908 |
| suspending or limiting enrollment of new participants. | 93909 |
| Sec. 5107.05. The director of job and family services shall | 93910 |
| adopt rules to implement this chapter. The rules shall be | 93911 |
| consistent with Title IV-A, Title IV-D, federal regulations, state | 93912 |
| law, the Title IV-A state plan submitted to the United States | 93913 |
| secretary of health and human services under section 5101.80 of | 93914 |
| the Revised Code, amendments to the plan, and waivers granted by | 93915 |
| the United States secretary. Rules governing eligibility, program | 93916 |
| participation, and other applicant and participant requirements | 93917 |
| shall be adopted in accordance with Chapter 119. of the Revised | 93918 |
| Code. Rules governing financial and other administrative | 93919 |
| requirements applicable to the department of job and family | 93920 |
| services and county departments of job and family services shall | 93921 |
| be adopted in accordance with section 111.15 of the Revised Code. | 93922 |
| (A) The rules shall specify, establish, or govern all of the | 93923 |
| following: | 93924 |
| (1) A payment standard for Ohio works first based on federal | 93925 |
| and state appropriations that is increased in accordance with | 93926 |
| section 5107.04 of the Revised Code; | 93927 |
| (2) For the purpose of section 5107.04 of the Revised Code, | 93928 |
| the method of determining the amount of cash assistance an | 93929 |
| assistance group receives under Ohio works first; | 93930 |
| (3) Requirements for initial and continued eligibility for | 93931 |
| Ohio works first, including requirements regarding income, | 93932 |
| citizenship, age, residence, and assistance group composition; | 93933 |
| (4) For the purpose of section 5107.12 of the Revised Code, | 93934 |
| application and verification procedures, including the minimum | 93935 |
| information an application must contain; | 93936 |
| (5) The extent to which a participant of Ohio works first | 93937 |
| must notify, pursuant to section 5107.12 of the Revised Code, a | 93938 |
| county department of job and family services of additional income | 93939 |
| not previously reported to the county department; | 93940 |
| (6) For the purpose of section 5107.16 of the Revised Code, | 93941 |
| 93942 |
| (a) Standards for the determination of good cause for failure | 93943 |
| or refusal to comply in full with a provision of a | 93944 |
| self-sufficiency contract; | 93945 |
| (b) The compliance form a member of an assistance group may | 93946 |
| complete to indicate willingness to come into full compliance | 93947 |
| with a provision of a self-sufficiency contract; | 93948 |
| (c) The manner by which the compliance form is to be | 93949 |
| completed and provided to a county department of job and family | 93950 |
| services. | 93951 |
| (7) The department of job and family services providing | 93952 |
| written notice of a sanction under section 5107.161 of the Revised | 93953 |
| Code; | 93954 |
| (8) For the purpose of division (A)(2) of section 5107.17 of | 93955 |
| the Revised Code, the period of time by which a county department | 93956 |
| of job and family services is to receive a compliance form | 93957 |
| established in rules adopted under division (A)(6)(b) of this | 93958 |
| section; | 93959 |
| (9) Requirements for the collection and distribution of | 93960 |
| support payments owed participants of Ohio works first pursuant to | 93961 |
| section 5107.20 of the Revised Code; | 93962 |
| | 93963 |
| Code, what constitutes cooperating in establishing a minor | 93964 |
| child's paternity or establishing, modifying, or enforcing a | 93965 |
| child support order and good cause for failure or refusal to | 93966 |
| cooperate; | 93967 |
| | 93968 |
| including the definitions of "equivalent of a high school | 93969 |
| diploma" and "good cause," and the incentives provided under the | 93970 |
| LEAP program; | 93971 |
| | 93972 |
| Revised Code, the requirements governing the award provided under | 93973 |
| that section, including the form that the award is to take and | 93974 |
| requirements an individual must satisfy to receive the award; | 93975 |
| | 93976 |
| and family services may exempt a minor head of household or adult | 93977 |
| from participating in a work activity or developmental activity | 93978 |
| for all or some of the weekly hours otherwise required by section | 93979 |
| 5107.43 of the Revised Code. | 93980 |
| | 93981 |
| subsidize positions created by state agencies and political | 93982 |
| subdivisions under division (C) of section 5107.52 of the Revised | 93983 |
| Code; | 93984 |
| | 93985 |
| of the Revised Code by county departments of job and family | 93986 |
| services; | 93987 |
| | 93988 |
| the purpose of division (A) of section 5107.71 of the Revised | 93989 |
| Code; | 93990 |
| | 93991 |
| of job and family services must redetermine a member of an | 93992 |
| assistance group's need for a waiver issued under section | 93993 |
| 5107.714 of the Revised Code. | 93994 |
| (B) The rules adopted under division (A)(3) of this section | 93995 |
| regarding income shall specify what is countable income, gross | 93996 |
| earned income, and gross unearned income for the purpose of | 93997 |
| section 5107.10 of the Revised Code. | 93998 |
| The rules adopted under division (A) | 93999 |
| shall be consistent with 42 U.S.C. 654(29). | 94000 |
| The rules adopted under division (A) | 94001 |
| shall specify that the circumstances include that a school or | 94002 |
| place of work is closed due to a holiday or weather or other | 94003 |
| emergency and that an employer grants the minor head of household | 94004 |
| or adult leave for illness or earned vacation. | 94005 |
| (C) The rules may provide that a county department of job and | 94006 |
| family services is not required to take action under section | 94007 |
| 5107.76 of the Revised Code to recover an erroneous payment that | 94008 |
| is below an amount the department specifies. | 94009 |
| Sec. 5107.16. (A) If a member of an assistance group fails | 94010 |
| or refuses, without good cause, to comply in full with a provision | 94011 |
| of a self-sufficiency contract entered into under section 5107.14 | 94012 |
| of the Revised Code, a county department of job and family | 94013 |
| services shall sanction the assistance group as follows: | 94014 |
| (1) For a first failure or refusal, the county department | 94015 |
| shall deny or terminate the assistance group's eligibility to | 94016 |
| participate in Ohio works first for one payment month or until the | 94017 |
| failure or refusal ceases, whichever is longer; | 94018 |
| (2) For a second failure or refusal, the county department | 94019 |
| shall deny or terminate the assistance group's eligibility to | 94020 |
| participate in Ohio works first for three payment months or until | 94021 |
| the failure or refusal ceases, whichever is longer; | 94022 |
| (3) For a third or subsequent failure or refusal, the county | 94023 |
| department shall deny or terminate the assistance group's | 94024 |
| eligibility to participate in Ohio works first for six payment | 94025 |
| months or until the failure or refusal ceases, whichever is | 94026 |
| longer. | 94027 |
| (B) The director of job and family services shall establish | 94028 |
| standards for the determination of good cause for failure or | 94029 |
| refusal to comply in full with a provision of a self-sufficiency | 94030 |
| contract in rules adopted under section 5107.05 of the Revised | 94031 |
| Code. | 94032 |
| (C) The director of job and family services shall provide a | 94033 |
| compliance form established in rules adopted under section 5107.05 | 94034 |
| of the Revised Code to an assistance group member who fails or | 94035 |
| refuses, without good cause, to comply in full with a provision of | 94036 |
| a self-sufficiency contract. The member's failure or refusal to | 94037 |
| comply in full with the provision shall be deemed to have ceased | 94038 |
| on the date a county department of job and family services | 94039 |
| receives the compliance form from the member if the compliance | 94040 |
| form is completed and provided to the county department in the | 94041 |
| manner specified in rules adopted under section 5107.05 of the | 94042 |
| Revised Code. | 94043 |
| (D) After sanctioning an assistance group under division (A) | 94044 |
| of this section, a county department of job and family services | 94045 |
| shall continue to work with the assistance group. | 94046 |
| | 94047 |
| (A)(1)(a) of section 5111.01 of the Revised Code who is sanctioned | 94048 |
| under division (A)(3) of this section for a failure or refusal, | 94049 |
| without good cause, to comply in full with a provision of a | 94050 |
| self-sufficiency contract related to work responsibilities under | 94051 |
| sections 5107.40 to 5107.69 of the Revised Code loses eligibility | 94052 |
| for medicaid unless the adult is otherwise eligible for medicaid | 94053 |
| pursuant to another division of section 5111.01 of the Revised | 94054 |
| Code. | 94055 |
| An assistance group that would be participating in Ohio | 94056 |
| works first if not for a sanction under this section shall | 94057 |
| continue to be eligible for all of the following: | 94058 |
| (1) Publicly funded child care in accordance with division | 94059 |
| (A)(3) of section 5104.30 of the Revised Code; | 94060 |
| (2) Support services in accordance with section 5107.66 of | 94061 |
| the Revised Code; | 94062 |
| (3) To the extent permitted by the "Fair Labor Standards Act | 94063 |
| of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to | 94064 |
| participate in work activities, developmental activities, and | 94065 |
| alternative work activities in accordance with sections 5107.40 to | 94066 |
| 5107.69 of the Revised Code. | 94067 |
| Sec. 5107.17. An assistance group that resumes participation | 94068 |
| in Ohio works first following a sanction under section 5107.16 of | 94069 |
| the Revised Code is not required to do either of the following: | 94070 |
| (A) Reapply under section 5107.12 of the Revised Code, unless | 94071 |
| 94072 |
| (1) It is the assistance group's regularly scheduled time for | 94073 |
| an eligibility redetermination; | 94074 |
| (2) The county department of job and family services does not | 94075 |
| receive the completed compliance form established in rules adopted | 94076 |
| under section 5107.05 of the Revised Code within the period of | 94077 |
| time specified in rules adopted under that section. | 94078 |
| (B) Enter into a new self-sufficiency contract under section | 94079 |
| 5107.14 of the Revised Code, unless the county department of job | 94080 |
| and family services determines it is time for a new appraisal | 94081 |
| under section 5107.41 of the Revised Code or the assistance | 94082 |
| group's circumstances have changed in a manner necessitating an | 94083 |
| amendment to the self-sufficiency contract as determined using | 94084 |
| procedures included in the contract under division (B)(9) of | 94085 |
| section 5107.14 of the Revised Code. | 94086 |
| Sec. 5107.58. In accordance with a federal waiver granted by | 94087 |
| the United States secretary of health and human services pursuant | 94088 |
| to a request made under former section 5101.09 of the Revised | 94089 |
| Code, county departments of job and family services may establish | 94090 |
| and administer as a work activity for minor heads of households | 94091 |
| and adults participating in Ohio works first an education program | 94092 |
| under which the participant is enrolled full-time in | 94093 |
| post-secondary education leading to vocation at a state | 94094 |
| institution of higher education, as defined in section 3345.031 of | 94095 |
| the Revised Code; a private nonprofit college or university that | 94096 |
| possesses a certificate of authorization issued by the Ohio board | 94097 |
| of regents pursuant to Chapter 1713. of the Revised Code, or is | 94098 |
| exempted by division (E) of section 1713.02 of the Revised Code | 94099 |
| from the requirement of a certificate; a school that holds a | 94100 |
| certificate of registration and program authorization issued by | 94101 |
| the state board of career colleges and schools under Chapter 3332. | 94102 |
| of the Revised Code; a private institution exempt from regulation | 94103 |
| under Chapter 3332. of the Revised Code as prescribed in section | 94104 |
| 3333.046 of the Revised Code; or a school that has entered into a | 94105 |
| contract with the county department of job and family services. | 94106 |
| The participant shall make reasonable efforts, as determined by | 94107 |
|
the county department, to
obtain | 94108 |
| scholarship, grant, or other assistance to pay for the tuition, | 94109 |
| including a federal Pell grant under 20 U.S.C.A. 1070a, an Ohio | 94110 |
| instructional grant under section 3333.12 of the Revised Code, and | 94111 |
| an Ohio college opportunity grant, a private higher education | 94112 |
| need-based financial aid block grant program grant, and a | 94113 |
| career-college needs-based financial aid block grant program grant | 94114 |
| under section 3333.122 of the Revised Code. If the participant has | 94115 |
| made reasonable efforts but is unable to obtain sufficient | 94116 |
| assistance to pay the tuition the program may pay the tuition. On | 94117 |
| or after October 1, 1998, the county department may enter into a | 94118 |
| loan agreement with the participant to pay the tuition. The total | 94119 |
| period for which tuition is paid and loans made shall not exceed | 94120 |
| two years. If the participant, pursuant to division (B)(3) of | 94121 |
| section 5107.43 of the Revised Code, volunteers to participate in | 94122 |
| the education program for more hours each week than the | 94123 |
| participant is assigned to the program, the program may pay or the | 94124 |
| county department may loan the cost of the tuition for the | 94125 |
| additional voluntary hours as well as the cost of the tuition for | 94126 |
| the assigned number of hours. The participant may receive, for not | 94127 |
| more than three years, support services, including publicly funded | 94128 |
| child care under Chapter 5104. of the Revised Code and | 94129 |
| transportation, that the participant needs to participate in the | 94130 |
| program. To receive support services in the third year, the | 94131 |
| participant must be, as determined by the educational institution | 94132 |
| in which the participant is enrolled, in good standing with the | 94133 |
| institution. | 94134 |
| A county department that provides loans under this section | 94135 |
| shall establish procedures governing loan application for and | 94136 |
| approval and administration of loans granted pursuant to this | 94137 |
| section. | 94138 |
| Sec. 5111.01. As used in this chapter, "medical assistance | 94139 |
| program" or "medicaid" means the program that is authorized by | 94140 |
| this chapter and provided by the department of job and family | 94141 |
| services under this chapter, Title XIX of the "Social Security | 94142 |
| Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the | 94143 |
| waivers of Title XIX requirements granted to the department by the | 94144 |
| centers for medicare and medicaid services of the United States | 94145 |
| department of health and human services. | 94146 |
| The department of job and family services shall act as the | 94147 |
| single state agency to supervise the administration of the | 94148 |
| medicaid program. As the single state agency, the department shall | 94149 |
| comply with 42 C.F.R. 431.10(e). The department's rules governing | 94150 |
| medicaid are binding on other agencies that administer components | 94151 |
| of the medicaid program. No agency may establish, by rule or | 94152 |
| otherwise, a policy governing medicaid that is inconsistent with a | 94153 |
| medicaid policy established, in rule or otherwise, by the director | 94154 |
| of job and family services. | 94155 |
| (A) The department of job and family services may provide | 94156 |
| medical assistance under the medicaid program as long as federal | 94157 |
| funds are provided for such assistance, to the following: | 94158 |
| (1) Families with children that meet either of the following | 94159 |
| conditions: | 94160 |
| (a) The family meets the income, resource, and family | 94161 |
| composition requirements in effect on July 16, 1996, for the | 94162 |
| former aid to dependent children program as those requirements | 94163 |
| were established by Chapter 5107. of the Revised Code, federal | 94164 |
| waivers granted pursuant to requests made under former section | 94165 |
| 5101.09 of the Revised Code, and rules adopted by the department | 94166 |
| or any changes the department makes to those requirements in | 94167 |
| accordance with paragraph (a)(2) of section 114 of the "Personal | 94168 |
| Responsibility and Work Opportunity Reconciliation Act of 1996," | 94169 |
| 110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of | 94170 |
|
implementing section | 94171 |
| adult loses eligibility for medicaid under division (A)(1)(a) of | 94172 |
|
this section
pursuant to division
| 94173 |
| the Revised Code. | 94174 |
| (b) The family does not meet the requirements specified in | 94175 |
| division (A)(1)(a) of this section but is eligible for medicaid | 94176 |
| pursuant to section 5101.18 of the Revised Code. | 94177 |
| (2) Aged, blind, and disabled persons who meet the following | 94178 |
| conditions: | 94179 |
| (a) Receive federal aid under Title XVI of the "Social | 94180 |
| Security Act," or are eligible for but are not receiving such aid, | 94181 |
| provided that the income from all other sources for individuals | 94182 |
| with independent living arrangements shall not exceed one hundred | 94183 |
| seventy-five dollars per month. The income standards hereby | 94184 |
| established shall be adjusted annually at the rate that is used by | 94185 |
| the United States department of health and human services to | 94186 |
| adjust the amounts payable under Title XVI. | 94187 |
| (b) Do not receive aid under Title XVI, but meet any of the | 94188 |
| following criteria: | 94189 |
| (i) Would be eligible to receive such aid, except that their | 94190 |
| income, other than that excluded from consideration as income | 94191 |
| under Title XVI, exceeds the maximum under division (A)(2)(a) of | 94192 |
| this section, and incurred expenses for medical care, as | 94193 |
| determined under federal regulations applicable to section 209(b) | 94194 |
| of the "Social Security Amendments of 1972," 86 Stat. 1381, 42 | 94195 |
| U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which | 94196 |
| their income exceeds the maximum under division (A)(2)(a) of this | 94197 |
| section; | 94198 |
| (ii) Received aid for the aged, aid to the blind, or aid for | 94199 |
| the permanently and totally disabled prior to January 1, 1974, and | 94200 |
| continue to meet all the same eligibility requirements; | 94201 |
| (iii) Are eligible for medicaid pursuant to section 5101.18 | 94202 |
| of the Revised Code. | 94203 |
| (3) Persons to whom federal law requires, as a condition of | 94204 |
| state participation in the medicaid program, that medicaid be | 94205 |
| provided; | 94206 |
| (4) Persons under age twenty-one who meet the income | 94207 |
| requirements for the Ohio works first program established under | 94208 |
| Chapter 5107. of the Revised Code but do not meet other | 94209 |
| eligibility requirements for the program. The director shall | 94210 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 94211 |
| specifying which Ohio works first requirements shall be waived for | 94212 |
| the purpose of providing medicaid eligibility under division | 94213 |
| (A)(4) of this section. | 94214 |
| (B) If sufficient funds are appropriated for the medicaid | 94215 |
| program, the department may provide medical assistance under the | 94216 |
| medicaid program to persons in groups designated by federal law | 94217 |
| as groups to which a state, at its option, may provide medical | 94218 |
| assistance under the medicaid program. | 94219 |
| (C) The department may expand eligibility for the medicaid | 94220 |
| program to include individuals under age nineteen with family | 94221 |
| incomes at or below one hundred fifty per cent of the federal | 94222 |
| poverty guidelines, except that the eligibility expansion shall | 94223 |
| not occur unless the department receives the approval of the | 94224 |
| federal government. The department may implement the eligibility | 94225 |
| expansion authorized under this division on any date selected by | 94226 |
| the department, but not sooner than January 1, 1998. | 94227 |
| (D) In addition to any other authority or requirement to | 94228 |
| adopt rules under this chapter, the director may adopt rules in | 94229 |
| accordance with section 111.15 of the Revised Code as the director | 94230 |
| considers necessary to establish standards, procedures, and other | 94231 |
| requirements regarding the provision of medical assistance under | 94232 |
| the medicaid program. The rules may establish requirements to be | 94233 |
| followed in applying for medicaid, making determinations of | 94234 |
| eligibility for medicaid, and verifying eligibility for medicaid. | 94235 |
| The rules may include special conditions as the department | 94236 |
| determines appropriate for making applications, determining | 94237 |
| eligibility, and verifying eligibility for any medical assistance | 94238 |
| that the department may provide under the medicaid program | 94239 |
| pursuant to division (C) of this section and section 5111.014 or | 94240 |
| 94241 |
| Sec. 5111.015. (A) If the United States secretary of health | 94242 |
| and human services grants a waiver of any contrary federal | 94243 |
| requirements governing the medical assistance program or the | 94244 |
| director of job and family services determines that there are no | 94245 |
| contrary federal requirements, divisions (A)(1) and (2) of this | 94246 |
| section apply to determinations of eligibility under this chapter: | 94247 |
| (1) In determining the eligibility of an assistance group for | 94248 |
| assistance under this chapter, the department of job and family | 94249 |
| services shall exclude from the income and resources applicable to | 94250 |
| the assistance group the value of any tuition payment contract | 94251 |
| entered into under section 3334.09 of the Revised Code or any | 94252 |
| scholarship awarded under section 3334.18 of the Revised Code and | 94253 |
|
the amount of payments made | 94254 |
| under section 3334.09 of the Revised Code pursuant to the contract | 94255 |
| or scholarship. | 94256 |
| (2) The department shall not require any person to terminate | 94257 |
| a tuition payment contract entered into under Chapter 3334. of the | 94258 |
| Revised Code as a condition of an assistance group's eligibility | 94259 |
| for assistance under this chapter. | 94260 |
| (B) To the extent required by federal law, the department | 94261 |
| shall include as income any refund paid under section 3334.10 of | 94262 |
| the Revised Code to a member of the assistance group. | 94263 |
| (C) Not later than sixty days after July 1, 1994, the | 94264 |
| department shall apply to the United States department of health | 94265 |
| and human services for a waiver of any federal requirements that | 94266 |
| otherwise would be violated by implementation of division (A) of | 94267 |
| this section. | 94268 |
| | 94269 |
| services shall submit to the United States secretary of health | 94270 |
| and human services an amendment to the state medicaid plan to make | 94271 |
| an individual eligible for medicaid who meets all of the | 94272 |
| following requirements: | 94273 |
| (A) The individual is the parent of a child under nineteen | 94274 |
| years of age and resides with the child; | 94275 |
| (B) The individual's family income does not exceed ninety | 94276 |
| per cent of the federal poverty guidelines; | 94277 |
| (C) The individual is not otherwise eligible for medicaid; | 94278 |
| (D) The individual satisfies all relevant requirements | 94279 |
| established by rules adopted under division (D) of section 5111.01 | 94280 |
| of the Revised Code. | 94281 |
| Sec. 5111.0121. A parent eligible for the medicaid program | 94282 |
| pursuant to section 5111.0120 of the Revised Code shall not be | 94283 |
| required to undergo a redetermination of eligibility for the | 94284 |
| medicaid program more often than once every twelve months unless | 94285 |
| there are reasonable grounds to believe that circumstances have | 94286 |
| changed that may affect the parent's eligibility. | 94287 |
| Sec. 5111.028. (A) Pursuant to section 5111.02 of the | 94288 |
| Revised Code, the director of job and family services shall adopt | 94289 |
| rules establishing procedures for the use of time-limited | 94290 |
| provider agreements under the medicaid program. Except as | 94291 |
| provided in division (E) of this section, all provider agreements | 94292 |
| shall be time-limited in accordance with the procedures | 94293 |
| established in the rules. | 94294 |
| The department of job and family services shall phase-in the | 94295 |
| use of time-limited provider agreements pursuant to this section | 94296 |
| during a period commencing not later than January 1, 2008, and | 94297 |
|
ending January 1, | 94298 |
| (B) In the use of time-limited provider agreements pursuant | 94299 |
| to this section, all of the following apply: | 94300 |
| (1) Each provider agreement shall expire not later than | 94301 |
| 94302 |
| (2) During the phase-in period specified in division (A) of | 94303 |
| this section, the department may provide for the conversion of a | 94304 |
| provider agreement without a time limit to a provider agreement | 94305 |
| with a time limit. The department may take an action to convert | 94306 |
| the provider agreement by sending a notice by regular mail to the | 94307 |
| address of the provider on record with the department advising the | 94308 |
| provider of the conversion. | 94309 |
| (3) The department may make the effective date of a provider | 94310 |
| agreement retroactive for a period not to exceed one year from the | 94311 |
| date of the provider's application for the agreement, as long as | 94312 |
| the provider met all medicaid program requirements during that | 94313 |
| period. | 94314 |
| (C) The rules for use of time-limited provider agreements | 94315 |
| pursuant to this section shall include a process for re-enrollment | 94316 |
| of providers. All of the following apply to the re-enrollment | 94317 |
| process: | 94318 |
| (1) The department of job and family services may terminate a | 94319 |
| time-limited provider agreement or deny re-enrollment when a | 94320 |
| provider fails to file an application for re-enrollment within | 94321 |
| the time and in the manner required under the re-enrollment | 94322 |
| process. | 94323 |
| (2) If a provider files an application for re-enrollment | 94324 |
| within the time and in the manner required under the re-enrollment | 94325 |
| process, but the provider agreement expires before the department | 94326 |
| acts on the application or before the effective date of the | 94327 |
| department's decision on the application, the provider may | 94328 |
| continue operating under the terms of the expired provider | 94329 |
| agreement until the effective date of the department's decision. | 94330 |
| (3) A decision by the department to approve an application | 94331 |
| for re-enrollment becomes effective on the date of the | 94332 |
| department's decision. A decision by the department to deny | 94333 |
| re-enrollment shall take effect not sooner than thirty days after | 94334 |
| the date the department mails written notice of the decision to | 94335 |
| the provider. The department shall specify in the notice the date | 94336 |
| on which the provider is required to cease operating under the | 94337 |
| provider agreement. | 94338 |
| (D) Pursuant to section 5111.06 of the Revised Code, the | 94339 |
| department is not required to take the actions specified in | 94340 |
| division (C)(1) of this section by issuing an order pursuant to an | 94341 |
| adjudication conducted in accordance with Chapter 119. of the | 94342 |
| Revised Code. | 94343 |
| (E) The use of time-limited provider agreements pursuant to | 94344 |
| this section does not apply to provider agreements issued to the | 94345 |
| following, including any provider agreements issued to the | 94346 |
| following that are otherwise time-limited under the medicaid | 94347 |
| program: | 94348 |
| (1) A managed care organization under contract with the | 94349 |
| department pursuant to section 5111.17 of the Revised Code; | 94350 |
| (2) A nursing facility, as defined in section 5111.20 of the | 94351 |
| Revised Code; | 94352 |
| (3) An intermediate care facility for the mentally retarded, | 94353 |
| as defined in section 5111.20 of the Revised Code; | 94354 |
| (4) A hospital. | 94355 |
| Sec. 5111.032. (A) As used in this section: | 94356 |
| (1) "Criminal records check" has the same meaning as in | 94357 |
| section 109.572 of the Revised Code. | 94358 |
| (2) "Department" includes a designee of the department of job | 94359 |
| and family services. | 94360 |
| (3) "Owner" means a person who has an ownership interest in a | 94361 |
| provider in an amount designated by the department of job and | 94362 |
| family services in rules adopted under this section. | 94363 |
| (4) "Provider" means a person, institution, or entity that | 94364 |
| has a provider agreement with the department of job and family | 94365 |
| services pursuant to Title XIX of the "Social Security Act," 49 | 94366 |
| State. 620 (1965), 42 U.S.C. 1396, as amended. | 94367 |
| (B)(1) Except as provided in division (B)(2) of this section, | 94368 |
| the department of job and family services may require that any | 94369 |
| provider, applicant to be a provider, employee or prospective | 94370 |
| employee of a provider, owner or prospective owner of a provider, | 94371 |
| officer or prospective officer of a provider, or board member or | 94372 |
| prospective board member of a provider submit to a criminal | 94373 |
| records check as a condition of obtaining a provider agreement, | 94374 |
| continuing to hold a provider agreement, being employed by a | 94375 |
| provider, having an ownership interest in a provider, or being an | 94376 |
| officer or board member of a provider. The department may | 94377 |
| designate the categories of persons who are subject to the | 94378 |
| criminal records check requirement. The department shall designate | 94379 |
| the times at which the criminal records checks must be conducted. | 94380 |
| (2) The section does not apply to providers, applicants to be | 94381 |
| providers, employees of a provider, or prospective employees of a | 94382 |
| provider who are subject to criminal records checks under section | 94383 |
| 5111.033 or 5111.034 of the Revised Code. | 94384 |
| (C)(1) The department shall inform each provider or applicant | 94385 |
| to be a provider whether the provider or applicant is subject to a | 94386 |
| criminal records check requirement under division (B) of this | 94387 |
| section. For providers, the information shall be given at times | 94388 |
| designated in rules adopted under this section. For applicants to | 94389 |
| be providers, the information shall be given at the time of | 94390 |
| initial application. When the information is given, the department | 94391 |
| shall specify which of the provider's or applicant's employees or | 94392 |
| prospective employees, owners or prospective owners, officers or | 94393 |
| prospective officers, or board members or prospective board | 94394 |
| members are subject to the criminal records check requirement. | 94395 |
| (2) At times designated in rules adopted under this section, | 94396 |
| a provider that is subject to the criminal records check | 94397 |
| requirement shall inform each person specified by the department | 94398 |
| under division (C)(1) of this section that the person is required, | 94399 |
| as applicable, to submit to a criminal records check for final | 94400 |
| consideration for employment in a full-time, part-time, or | 94401 |
| temporary position; as a condition of continued employment; or as | 94402 |
| a condition of becoming or continuing to be an officer, board | 94403 |
| member or owner of a provider. | 94404 |
| (D)(1) If a provider or applicant to be a provider is | 94405 |
| subject to a criminal records check under this section, the | 94406 |
| department shall require the conduct of a criminal records check | 94407 |
| by the superintendent of the bureau of criminal identification | 94408 |
| and investigation. If a provider or applicant to be a provider | 94409 |
| for whom a criminal records check is required does not present | 94410 |
| proof of having been a resident of this state for the five-year | 94411 |
| period immediately prior to the date the criminal records check | 94412 |
| is requested or provide evidence that within that five-year | 94413 |
| period the superintendent has requested information about the | 94414 |
| individual from the federal bureau of investigation in a criminal | 94415 |
| records check, the department shall require the provider or | 94416 |
| applicant to request that the superintendent obtain information | 94417 |
| from the federal bureau of investigation as part of the criminal | 94418 |
| records check of the provider or applicant. Even if a provider or | 94419 |
| applicant for whom a criminal records check request is required | 94420 |
| presents proof of having been a resident of this state for the | 94421 |
| five-year period, the department may require that the provider or | 94422 |
| applicant request that the superintendent obtain information from | 94423 |
| the federal bureau of investigation and include it in the criminal | 94424 |
| records check of the provider or applicant. | 94425 |
| (2) A provider shall require the conduct of a criminal | 94426 |
| records check by the superintendent with respect to each of the | 94427 |
| persons specified by the department under division (C)(1) of this | 94428 |
| section. If the person for whom a criminal records check is | 94429 |
| required does not present proof of having been a resident of this | 94430 |
| state for the five-year period immediately prior to the date the | 94431 |
| criminal records check is requested or provide evidence that | 94432 |
| within that five-year period the superintendent of the bureau of | 94433 |
| criminal identification and investigation has requested | 94434 |
| information about the individual from the federal bureau of | 94435 |
| investigation in a criminal records check, the individual shall | 94436 |
| request that the superintendent obtain information from the | 94437 |
| federal bureau of investigation as part of the criminal records | 94438 |
| check of the individual. Even if an individual for whom a criminal | 94439 |
| records check request is required presents proof of having been a | 94440 |
| resident of this state for the five-year period, the department | 94441 |
| may require the provider to request that the superintendent obtain | 94442 |
| information from the federal bureau of investigation and include | 94443 |
| it in the criminal records check of the person. | 94444 |
| (E)(1) Criminal records checks required under this section | 94445 |
| for providers or applicants to be providers shall be obtained as | 94446 |
| follows: | 94447 |
| (a) The department shall provide each provider or applicant | 94448 |
| information about accessing and completing the form prescribed | 94449 |
| pursuant to division (C)(1) of section 109.572 of the Revised Code | 94450 |
| and the standard fingerprint impression sheet prescribed pursuant | 94451 |
| to division (C)(2) of that section. | 94452 |
| (b) The provider or applicant shall submit the required form | 94453 |
| and one complete set of fingerprint impressions directly to the | 94454 |
| superintendent for purposes of conducting the criminal records | 94455 |
| check using the applicable methods prescribed by division (C) of | 94456 |
| section 109.572 of the Revised Code. The applicant or provider | 94457 |
| shall pay all fees associated with obtaining the criminal records | 94458 |
| check. | 94459 |
| (c) The superintendent shall conduct the criminal records | 94460 |
| check in accordance with section 109.572 of the Revised Code. The | 94461 |
| provider or applicant shall instruct the superintendent to submit | 94462 |
| the report of the criminal records check directly to the director | 94463 |
| of job and family services. | 94464 |
| (2) Criminal records checks required under this section for | 94465 |
| persons specified by the department under division (C)(1) of this | 94466 |
| section shall be obtained as follows: | 94467 |
| (a) The provider shall give to each person subject to | 94468 |
| criminal records check requirement information about accessing and | 94469 |
| completing the form prescribed pursuant to division (C)(1) of | 94470 |
| section 109.572 of the Revised Code and the standard fingerprint | 94471 |
| impression sheet prescribed pursuant to division (C)(2) of that | 94472 |
| section. | 94473 |
| (b) The person shall submit the required form and one | 94474 |
| complete set of fingerprint impressions directly to the | 94475 |
| superintendent for purposes of conducting the criminal records | 94476 |
| check using the applicable methods prescribed by division (C) of | 94477 |
| section 109.572 of the Revised Code. The person shall pay all fees | 94478 |
| associated with obtaining the criminal records check. | 94479 |
| (c) The superintendent shall conduct the criminal records | 94480 |
| check in accordance with section 109.572 of the Revised Code. The | 94481 |
| person subject to the criminal records check shall instruct the | 94482 |
| superintendent to submit the report of the criminal records check | 94483 |
| directly to the provider. The department may require the provider | 94484 |
| to submit the report to the department. | 94485 |
| (F) If a provider or applicant to be a provider is given the | 94486 |
| information specified in division (E)(1)(a) of this section but | 94487 |
| fails to obtain a criminal records check, the department shall, as | 94488 |
| applicable, terminate the provider agreement or deny the | 94489 |
| application to be a provider. | 94490 |
| If a person is given the information specified in division | 94491 |
| (E)(2)(a) of this section but fails to obtain a criminal records | 94492 |
| check, the provider shall not, as applicable, permit the person to | 94493 |
| be an employee, owner, officer, or board member of the provider. | 94494 |
| (G) Except as provided in rules adopted under division (J) of | 94495 |
| this section, the department shall terminate the provider | 94496 |
| agreement of a provider or the department shall not issue a | 94497 |
| provider agreement to an applicant if the provider or applicant is | 94498 |
| subject to a criminal records check under this section and the | 94499 |
| provider or applicant has been convicted of, has pleaded guilty | 94500 |
| to, or has been found eligible for intervention in lieu of | 94501 |
| conviction for any of the following, regardless of the date of the | 94502 |
| conviction, the date of entry of the guilty plea, or the date the | 94503 |
| applicant or provider was found eligible for intervention in lieu | 94504 |
| of conviction: | 94505 |
| (1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 94506 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 94507 |
| 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 94508 |
| 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 94509 |
| 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 94510 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 94511 |
| 2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 94512 |
| 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 94513 |
| 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 94514 |
| 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 94515 |
| 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 94516 |
| 2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 94517 |
| 2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 94518 |
| 2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 94519 |
| 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 94520 |
| 2925.23, 2927.12, or 3716.11 of the Revised Code, felonious | 94521 |
| sexual penetration in violation of former section 2907.12 of the | 94522 |
| Revised Code, a violation of section 2905.04 of the Revised Code | 94523 |
| as it existed prior to July 1, 1996, a violation of section | 94524 |
| 2919.23 of the Revised Code that would have been a violation of | 94525 |
| section 2905.04 of the Revised Code as it existed prior to July | 94526 |
| 1, 1996, had the violation been committed prior to that date; | 94527 |
| (2) | 94528 |
| ordinance or law of this state, any other state, or the United | 94529 |
| States that is substantially equivalent to any of the offenses | 94530 |
| listed in division (G)(1) of this section. | 94531 |
| (H)(1)(a) Except as provided in rules adopted under division | 94532 |
| (J) of this section and subject to division (H)(2) of this | 94533 |
| section, no provider shall permit a person to be an employee, | 94534 |
| owner, officer, or board member of the provider if the person is | 94535 |
| subject to a criminal records check under this section and the | 94536 |
| person has been convicted of, has pleaded guilty to, or has been | 94537 |
| found eligible for intervention in lieu of conviction for any of | 94538 |
| the offenses specified in division (G)(1) or (2) of this section. | 94539 |
| (b) No provider shall employ a person who has been excluded | 94540 |
| from participating in the medicaid program, the medicare program | 94541 |
| operated pursuant to Title XVIII of the "Social Security Act," or | 94542 |
| any other federal health care program. | 94543 |
| (2)(a) A provider may employ conditionally a person for whom | 94544 |
| a criminal records check is required under this section prior to | 94545 |
| obtaining the results of a criminal records check regarding the | 94546 |
| person, but only if the person submits a request for a criminal | 94547 |
| records check not later than five business days after the | 94548 |
| individual begins conditional employment. | 94549 |
| (b) A provider that employs a person conditionally under | 94550 |
| authority of division (H)(2)(a) of this section shall terminate | 94551 |
| the person's employment if the results of the criminal records | 94552 |
| check request are not obtained within the period ending sixty days | 94553 |
| after the date the request is made. Regardless of when the results | 94554 |
| of the criminal records check are obtained, if the results | 94555 |
| indicate that the individual has been convicted of, has pleaded | 94556 |
| guilty to, or has been found eligible for intervention in lieu of | 94557 |
| conviction for any of the offenses specified in division (G)(1) or | 94558 |
| (2) of this section, the provider shall terminate the person's | 94559 |
| employment unless the provider chooses to employ the individual | 94560 |
| pursuant to division (J) of this section. | 94561 |
| (I) The report of a criminal records check conducted pursuant | 94562 |
| to this section is not a public record for the purposes of section | 94563 |
| 149.43 of the Revised Code and shall not be made available to any | 94564 |
| person other than the following: | 94565 |
| (1) The person who is the subject of the criminal records | 94566 |
| check or the person's representative; | 94567 |
| (2) The director of job and family services and the staff of | 94568 |
| the department in the administration of the medicaid program; | 94569 |
| (3) A court, hearing officer, or other necessary individual | 94570 |
| involved in a case dealing with the denial or termination of a | 94571 |
| provider agreement; | 94572 |
| (4) A court, hearing officer, or other necessary individual | 94573 |
| involved in a case dealing with a person's denial of employment, | 94574 |
| termination of employment, or employment or unemployment benefits. | 94575 |
| (J) The department may adopt rules in accordance with Chapter | 94576 |
| 119. of the Revised Code to implement this section. The rules may | 94577 |
| specify circumstances under which the department may continue a | 94578 |
| provider agreement or issue a provider agreement to an applicant | 94579 |
| when the provider or applicant has been convicted of, has pleaded | 94580 |
| guilty to, or has been found eligible for intervention in lieu of | 94581 |
| conviction for any of the offenses specified in division (G)(1) or | 94582 |
| (2) of this section. The rules may also specify circumstances | 94583 |
| under which a provider may permit a person to be an employee, | 94584 |
| owner, officer, or board member of the provider, when the person | 94585 |
| has been convicted of, has pleaded guilty to, or has been found | 94586 |
| eligible for intervention in lieu of conviction for any of the | 94587 |
| offenses specified in division (G)(1) or (2) of this section. | 94588 |
| Sec. 5111.033. (A) As used in this section: | 94589 |
| (1) "Applicant" means a person who is under final | 94590 |
| consideration for employment or, after September 26, 2003, an | 94591 |
| existing employee with a waiver agency in a full-time, part-time, | 94592 |
| or temporary position that involves providing home and | 94593 |
| community-based waiver services to a person with disabilities. | 94594 |
| "Applicant" also means an existing employee with a waiver agency | 94595 |
| in a full-time, part-time, or temporary position that involves | 94596 |
| providing home and community-based waiver services to a person | 94597 |
| with disabilities after September 26, 2003. | 94598 |
| (2) "Criminal records check" has the same meaning as in | 94599 |
| section 109.572 of the Revised Code. | 94600 |
| (3) "Waiver agency" means a person or government entity that | 94601 |
| is not certified under the medicare program and is accredited by | 94602 |
| the community health accreditation program or the joint commission | 94603 |
| on accreditation of health care organizations or a company that | 94604 |
| provides home and community-based waiver services to persons with | 94605 |
| disabilities through department of job and family services | 94606 |
| administered home and community-based waiver programs. | 94607 |
| (4) "Home and community-based waiver services" means services | 94608 |
| furnished under the provision of 42 C.F.R. 441, subpart G, that | 94609 |
| permit individuals to live in a home setting rather than a nursing | 94610 |
| facility or hospital. Home and community-based waiver services are | 94611 |
| approved by the centers for medicare and medicaid for specific | 94612 |
| populations and are not otherwise available under the medicaid | 94613 |
| state plan. | 94614 |
| (B)(1) The chief administrator of a waiver agency shall | 94615 |
| require each applicant to request that the superintendent of the | 94616 |
| bureau of criminal identification and investigation conduct a | 94617 |
| criminal records check with respect to the applicant. If an | 94618 |
| applicant for whom a criminal records check request is required | 94619 |
| under this division does not present proof of having been a | 94620 |
| resident of this state for the five-year period immediately prior | 94621 |
| to the date the criminal records check is requested or provide | 94622 |
| evidence that within that five-year period the superintendent has | 94623 |
| requested information about the applicant from the federal bureau | 94624 |
| of investigation in a criminal records check, the chief | 94625 |
| administrator shall require the applicant to request that the | 94626 |
| superintendent obtain information from the federal bureau of | 94627 |
| investigation as part of the criminal records check of the | 94628 |
| applicant. Even if an applicant for whom a criminal records check | 94629 |
| request is required under this division presents proof of having | 94630 |
| been a resident of this state for the five-year period, the chief | 94631 |
| administrator may require the applicant to request that the | 94632 |
| superintendent include information from the federal bureau of | 94633 |
| investigation in the criminal records check. | 94634 |
| (2) The chief administrator shall provide the following to | 94635 |
| each applicant for whom a criminal records check request is | 94636 |
| required under division (B)(1) of this section: | 94637 |
| (a) Information about accessing, completing, and forwarding | 94638 |
| to the superintendent of the bureau of criminal identification and | 94639 |
| investigation the form prescribed pursuant to division (C)(1) of | 94640 |
| section 109.572 of the Revised Code and the standard fingerprint | 94641 |
| impression sheet prescribed pursuant to division (C)(2) of that | 94642 |
| section; | 94643 |
| (b) Written notification that the applicant is to instruct | 94644 |
| the superintendent to submit the completed report of the criminal | 94645 |
| records check directly to the chief administrator. | 94646 |
| (3) An applicant given information and notification under | 94647 |
| divisions (B)(2)(a) and (b) of this section who fails to access, | 94648 |
| complete, and forward to the superintendent the form or the | 94649 |
| standard fingerprint impression sheet, or who fails to instruct | 94650 |
| the superintendent to submit the completed report of the criminal | 94651 |
| records check directly to the chief administrator, shall not be | 94652 |
| employed in any position in a waiver agency for which a criminal | 94653 |
| records check is required by this section. | 94654 |
| (C)(1) Except as provided in rules adopted by the department | 94655 |
| of job and family services in accordance with division (F) of this | 94656 |
| section and subject to division (C)(2) of this section, no waiver | 94657 |
| agency shall employ a person in a position that involves providing | 94658 |
| home and community-based waiver services to persons with | 94659 |
| disabilities if the person has been convicted of, has pleaded | 94660 |
| guilty to, or has been found eligible for intervention in lieu of | 94661 |
| conviction for any of the following, regardless of the date of the | 94662 |
| conviction, the date of entry of the guilty plea, or the date the | 94663 |
| person was found eligible for intervention in lieu of conviction: | 94664 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 94665 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 94666 |
| 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 94667 |
| 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 94668 |
| 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 94669 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 94670 |
| 2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 94671 |
| 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 94672 |
| 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 94673 |
| 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 94674 |
| 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 94675 |
| 2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 94676 |
| 2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 94677 |
| 2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 94678 |
| 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 94679 |
| 2925.23, 2927.12, or 3716.11 of the Revised Code, felonious | 94680 |
| sexual penetration in violation of former section 2907.12 of the | 94681 |
| Revised Code, a violation of section 2905.04 of the Revised Code | 94682 |
| as it existed prior to July 1, 1996, a violation of section | 94683 |
| 2919.23 of the Revised Code that would have been a violation of | 94684 |
| section 2905.04 of the Revised Code as it existed prior to July | 94685 |
| 1, 1996, had the violation been committed prior to that date; | 94686 |
| (b) | 94687 |
| ordinance or law of this state, any other state, or the United | 94688 |
| States that is substantially equivalent to any of the offenses | 94689 |
| listed in division (C)(1)(a) of this section. | 94690 |
| (2)(a) A waiver agency may employ conditionally an applicant | 94691 |
| for whom a criminal records check request is required under | 94692 |
| division (B) of this section prior to obtaining the results of a | 94693 |
| criminal records check regarding the individual, provided that the | 94694 |
| agency shall require the individual to request a criminal records | 94695 |
| check regarding the individual in accordance with division (B)(1) | 94696 |
| of this section not later than five business days after the | 94697 |
| individual begins conditional employment. | 94698 |
| (b) A waiver agency that employs an individual conditionally | 94699 |
| under authority of division (C)(2)(a) of this section shall | 94700 |
| terminate the individual's employment if the results of the | 94701 |
| criminal records check request under division (B) of this section, | 94702 |
| other than the results of any request for information from the | 94703 |
| federal bureau of investigation, are not obtained within the | 94704 |
| period ending sixty days after the date the request is made. | 94705 |
| Regardless of when the results of the criminal records check are | 94706 |
| obtained, if the results indicate that the individual has been | 94707 |
| convicted of, has pleaded guilty to, or has been found eligible | 94708 |
| for intervention in lieu of conviction for any of the offenses | 94709 |
| listed or described in division (C)(1) of this section, the agency | 94710 |
| shall terminate the individual's employment unless the agency | 94711 |
| chooses to employ the individual pursuant to division (F) of this | 94712 |
| section. | 94713 |
| (D)(1) The fee prescribed pursuant to division (C)(3) of | 94714 |
| section 109.572 of the Revised Code for each criminal records | 94715 |
| check conducted pursuant to a request made under division (B) of | 94716 |
| this section shall be paid to the bureau of criminal | 94717 |
| identification and investigation by the applicant or the waiver | 94718 |
| agency. | 94719 |
| (2) If a waiver agency pays the fee, it may charge the | 94720 |
| applicant a fee not exceeding the amount the agency pays under | 94721 |
| division (D)(1) of this section. An agency may collect a fee only | 94722 |
| if the agency notifies the person at the time of initial | 94723 |
| application for employment of the amount of the fee and that, | 94724 |
| unless the fee is paid, the person will not be considered for | 94725 |
| employment. | 94726 |
| (E) The report of any criminal records check conducted | 94727 |
| pursuant to a request made under this section is not a public | 94728 |
| record for the purposes of section 149.43 of the Revised Code and | 94729 |
| shall not be made available to any person other than the | 94730 |
| following: | 94731 |
| (1) The individual who is the subject of the criminal records | 94732 |
| check or the individual's representative; | 94733 |
| (2) The chief administrator of the agency requesting the | 94734 |
| criminal records check or the administrator's representative; | 94735 |
| (3) An administrator at the department; | 94736 |
| (4) A court, hearing officer, or other necessary individual | 94737 |
| involved in a case dealing with a denial of employment of the | 94738 |
| applicant or dealing with employment or unemployment benefits of | 94739 |
| the applicant. | 94740 |
| (F) The department shall adopt rules in accordance with | 94741 |
| Chapter 119. of the Revised Code to implement this section. The | 94742 |
| rules shall specify circumstances under which a waiver agency may | 94743 |
| employ a person who has been convicted of, has pleaded guilty to, | 94744 |
| or has been found eligible for intervention in lieu of conviction | 94745 |
| for an offense listed or described in division (C)(1) of this | 94746 |
| section. | 94747 |
| (G) The chief administrator of a waiver agency shall inform | 94748 |
| each person, at the time of initial application for a position | 94749 |
| that involves providing home and community-based waiver services | 94750 |
| to a person with a disability, that the person is required to | 94751 |
| provide a set of fingerprint impressions and that a criminal | 94752 |
| records check is required to be conducted if the person comes | 94753 |
| under final consideration for employment. | 94754 |
| (H)(1) A person who, on September 26, 2003, is an employee | 94755 |
| of a waiver agency in a full-time, part-time, or temporary | 94756 |
| position that involves providing home and community-based waiver | 94757 |
| services to a person with disabilities shall comply with this | 94758 |
| section within sixty days after September 26, 2003, unless | 94759 |
| division (H)(2) of this section applies. | 94760 |
| (2) This section shall not apply to a person to whom all of | 94761 |
| the following apply: | 94762 |
| (a) On September 26, 2003, the person is an employee of a | 94763 |
| waiver agency in a full-time, part-time, or temporary position | 94764 |
| that involves providing home and community-based waiver services | 94765 |
| to a person with disabilities. | 94766 |
| (b) The person previously had been the subject of a criminal | 94767 |
| background check relating to that position; | 94768 |
| (c) The person has been continuously employed in that | 94769 |
| position since that criminal background check had been conducted. | 94770 |
| Sec. 5111.034. (A) As used in this section: | 94771 |
| (1) "Anniversary date" means the later of the effective date | 94772 |
| of the provider agreement relating to the independent provider or | 94773 |
| sixty days after September 26, 2003. | 94774 |
| (2) "Criminal records check" has the same meaning as in | 94775 |
| section 109.572 of the Revised Code. | 94776 |
| (3) "Department" includes a designee of the department of | 94777 |
| job and family services. | 94778 |
| (4) "Independent provider" means a person who is submitting | 94779 |
| an application for a provider agreement or who has a provider | 94780 |
| agreement as an independent provider in a department of job and | 94781 |
| family services administered home and community-based services | 94782 |
| program providing home and community-based waiver services to | 94783 |
| consumers with disabilities. | 94784 |
| (5) "Home and community-based waiver services" has the same | 94785 |
| meaning as in section 5111.033 of the Revised Code. | 94786 |
| (B)(1) The department of job and family services shall inform | 94787 |
| each independent provider, at the time of initial application for | 94788 |
| a provider agreement that involves providing home and | 94789 |
| community-based waiver services to consumers with disabilities, | 94790 |
| that the independent provider is required to provide a set of | 94791 |
| fingerprint impressions and that a criminal records check is | 94792 |
| required to be conducted if the person is to become an independent | 94793 |
| provider in a department administered home and community-based | 94794 |
| waiver program. | 94795 |
| (2) Beginning on September 26, 2003, the department shall | 94796 |
| inform each enrolled medicaid independent provider on or before | 94797 |
| time of the anniversary date of the provider agreement that | 94798 |
| involves providing home and community-based waiver services to | 94799 |
| consumers with disabilities that the independent provider is | 94800 |
| required to provide a set of fingerprint impressions and that a | 94801 |
| criminal records check is required to be conducted. | 94802 |
| (C)(1) The department shall require the independent provider | 94803 |
| to complete a criminal records check prior to entering into a | 94804 |
| provider agreement with the independent provider and at least | 94805 |
| annually thereafter. If an independent provider for whom a | 94806 |
| criminal records check is required under this division does not | 94807 |
| present proof of having been a resident of this state for the | 94808 |
| five-year period immediately prior to the date the criminal | 94809 |
| records check is requested or provide evidence that within that | 94810 |
| five-year period the superintendent of the bureau of criminal | 94811 |
| identification and investigation has requested information about | 94812 |
| the independent provider from the federal bureau of investigation | 94813 |
| in a criminal records check, the department shall request that | 94814 |
| the independent provider obtain through the superintendent a | 94815 |
| criminal records request from the federal bureau of investigation | 94816 |
| as part of the criminal records check of the independent | 94817 |
| provider. Even if an independent provider for whom a criminal | 94818 |
| records check request is required under this division presents | 94819 |
| proof of having been a resident of this state for the five-year | 94820 |
| period, the department may request that the independent provider | 94821 |
| obtain information through the superintendent from the federal | 94822 |
| bureau of investigation in the criminal records check. | 94823 |
| (2) The department shall provide the following to each | 94824 |
| independent provider for whom a criminal records check request | 94825 |
| is required under division (C)(1) of this section: | 94826 |
| (a) Information about accessing, completing, and forwarding | 94827 |
| to the superintendent of the bureau of criminal identification and | 94828 |
| investigation the form prescribed pursuant to division (C)(1) of | 94829 |
| section 109.572 of the Revised Code and the standard fingerprint | 94830 |
| impression sheet prescribed pursuant to division (C)(2) of that | 94831 |
| section; | 94832 |
| (b) Written notification that the independent provider is to | 94833 |
| instruct the superintendent to submit the completed report of the | 94834 |
| criminal records check directly to the department. | 94835 |
| (3) An independent provider given information and | 94836 |
| notification under divisions (C)(2)(a) and (b) of this section | 94837 |
| who fails to access, complete, and forward to the superintendent | 94838 |
| the form or the standard fingerprint impression sheet, or who | 94839 |
| fails to instruct the superintendent to submit the completed | 94840 |
| report of the criminal records check directly to the department, | 94841 |
| shall not be approved as an independent provider. | 94842 |
| (D) Except as provided in rules adopted by the department in | 94843 |
| accordance with division (G) of this section, the department shall | 94844 |
| not issue a new provider agreement to, and shall terminate an | 94845 |
| existing provider agreement of, an independent provider if the | 94846 |
| person has been convicted of, has pleaded guilty to, or has been | 94847 |
| found eligible for intervention in lieu of conviction for any of | 94848 |
| the following, regardless of the date of the conviction, the date | 94849 |
| of entry of the guilty plea, or the date the person was found | 94850 |
| eligible for intervention in lieu of conviction: | 94851 |
| (1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 94852 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 94853 |
| 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 94854 |
| 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 94855 |
| 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 94856 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 94857 |
| 2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 94858 |
| 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 94859 |
| 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 94860 |
| 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 94861 |
| 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 94862 |
| 2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 94863 |
| 2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 94864 |
| 2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 94865 |
| 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 94866 |
| 2925.23, 2927.12, or 3716.11 of the Revised Code, felonious | 94867 |
| sexual penetration in violation of former section 2907.12 of the | 94868 |
| Revised Code, a violation of section 2905.04 of the Revised Code | 94869 |
| as it existed prior to July 1, 1996, a violation of section | 94870 |
| 2919.23 of the Revised Code that would have been a violation of | 94871 |
| section 2905.04 of the Revised Code as it existed prior to July | 94872 |
| 1, 1996, had the violation been committed prior to that date; | 94873 |
| (2) | 94874 |
| ordinance or law of this state, any other state, or the United | 94875 |
| States that is substantially equivalent to any of the offenses | 94876 |
| listed in division (D)(1) of this section. | 94877 |
| (E) Each independent provider shall pay to the bureau of | 94878 |
| criminal identification and investigation the fee prescribed | 94879 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 94880 |
| for each criminal records check conducted pursuant to a request | 94881 |
| made under division (C) of this section. | 94882 |
| (F) The report of any criminal records check conducted by the | 94883 |
| bureau of criminal identification and investigation in accordance | 94884 |
| with section 109.572 of the Revised Code and pursuant to a request | 94885 |
| made under division (C) of this section is not a public record for | 94886 |
| the purposes of section 149.43 of the Revised Code and shall not | 94887 |
| be made available to any person other than the following: | 94888 |
| (1) The person who is the subject of the criminal records | 94889 |
| check or the person's representative; | 94890 |
| (2) An administrator at the department or the administrator's | 94891 |
| representative; | 94892 |
| (3) A court, hearing officer, or other necessary individual | 94893 |
| involved in a case dealing with a denial or termination of a | 94894 |
| provider agreement related to the criminal records check. | 94895 |
| (G) The department shall adopt rules in accordance with | 94896 |
| Chapter 119. of the Revised Code to implement this section. The | 94897 |
| rules shall specify circumstances under which the department may | 94898 |
| either issue a provider agreement to an independent provider or | 94899 |
| allow an independent provider to maintain an existing provider | 94900 |
| agreement when the independent provider has been convicted of, | 94901 |
| has pleaded guilty to, or has been found eligible for intervention | 94902 |
| in lieu of conviction for an offense listed or described in | 94903 |
|
division | 94904 |
| Sec. 5111.06. (A)(1) As used in this section and in sections | 94905 |
| 5111.061 and 5111.062 of the Revised Code: | 94906 |
| (a) "Provider" means any person, institution, or entity that | 94907 |
| furnishes medicaid services under a provider agreement with the | 94908 |
| department of job and family services pursuant to Title XIX of the | 94909 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 94910 |
| amended. | 94911 |
| (b) "Party" has the same meaning as in division (G) of | 94912 |
| section 119.01 of the Revised Code. | 94913 |
| (c) "Adjudication" has the same meaning as in division (D) of | 94914 |
| section 119.01 of the Revised Code. | 94915 |
| (2) This section does not apply to any action taken by the | 94916 |
| department of job and family services under sections 5111.35 to | 94917 |
| 5111.62 of the Revised Code. | 94918 |
| (B) Except as provided in division (D) of this section and | 94919 |
| section 5111.914 of the Revised Code, the department shall do | 94920 |
| either of the following by issuing an order pursuant to an | 94921 |
| adjudication conducted in accordance with Chapter 119. of the | 94922 |
| Revised Code: | 94923 |
| (1) Enter into or refuse to enter into a provider agreement | 94924 |
| with a provider, or suspend, terminate, renew, or refuse to renew | 94925 |
| an existing provider agreement with a provider; | 94926 |
| (2) Take any action based upon a final fiscal audit of a | 94927 |
| provider. | 94928 |
| (C) Any party who is adversely affected by the issuance of an | 94929 |
| adjudication order under division (B) of this section may appeal | 94930 |
| to the court of common pleas of Franklin county in accordance with | 94931 |
| section 119.12 of the Revised Code. | 94932 |
| (D) The department is not required to comply with division | 94933 |
| (B)(1) of this section whenever any of the following occur: | 94934 |
| (1) The terms of a provider agreement require the provider to | 94935 |
| hold a license, permit, or certificate or maintain a | 94936 |
| certification issued by an official, board, commission, | 94937 |
| department, division, bureau, or other agency of state or federal | 94938 |
| government other than the department of job and family services, | 94939 |
| and the license, permit, certificate, or certification has been | 94940 |
| denied, revoked, not renewed, suspended, or otherwise limited. | 94941 |
| (2) The terms of a provider agreement require the provider to | 94942 |
| hold a license, permit, or certificate or maintain certification | 94943 |
| issued by an official, board, commission, department, division, | 94944 |
| bureau, or other agency of state or federal government other than | 94945 |
| the department of job and family services, and the provider has | 94946 |
| not obtained the license, permit, certificate, or certification. | 94947 |
| (3) The provider agreement is denied, terminated, or not | 94948 |
| renewed due to the termination, refusal to renew, or denial of a | 94949 |
| license, permit, certificate, or certification by an official, | 94950 |
| board, commission, department, division, bureau, or other agency | 94951 |
| of this state other than the department of job and family | 94952 |
| services, notwithstanding the fact that the provider may hold a | 94953 |
| license, permit, certificate, or certification from an official, | 94954 |
| board, commission, department, division, bureau, or other agency | 94955 |
| of another state. | 94956 |
| (4) The provider agreement is denied, terminated, or not | 94957 |
| renewed pursuant to division (C) or (F) of section 5111.03 of the | 94958 |
|
Revised Code | 94959 |
| (5) The provider agreement is denied, terminated, or not | 94960 |
| renewed due to the provider's termination, suspension, or | 94961 |
| exclusion from the medicare program established under Title XVIII | 94962 |
| of the "Social Security Act," and the termination, suspension, or | 94963 |
| exclusion is binding on the provider's participation in the | 94964 |
|
medicaid program | 94965 |
| (6) The provider agreement is denied, terminated, or not | 94966 |
| renewed due to the provider's pleading guilty to or being | 94967 |
| convicted of a criminal activity materially related to either the | 94968 |
|
medicare or medicaid program | 94969 |
| (7) The provider agreement is denied, terminated, or | 94970 |
| suspended as a result of action by the United States department of | 94971 |
| health and human services and that action is binding on the | 94972 |
|
provider's participation in the medicaid program | 94973 |
| (8) The provider agreement is suspended pursuant to section | 94974 |
| 5111.031 of the Revised Code pending indictment of the provider. | 94975 |
| (9) The provider agreement is denied, terminated, or not | 94976 |
| renewed because the provider or its owner, officer, authorized | 94977 |
| agent, associate, manager, or employee has been convicted of one | 94978 |
| of the offenses that caused the provider agreement to be | 94979 |
| suspended pursuant to section 5111.031 of the Revised Code. | 94980 |
| (10) The provider agreement is converted under section | 94981 |
| 5111.028 of the Revised Code from a provider agreement that is not | 94982 |
| time-limited to a provider agreement that is time-limited. | 94983 |
| (11) The provider agreement is terminated or an application | 94984 |
| for re-enrollment is denied because the provider has failed to | 94985 |
| apply for re-enrollment within the time or in the manner specified | 94986 |
| for re-enrollment pursuant to section 5111.028 of the Revised | 94987 |
| Code. | 94988 |
| (12) The provider agreement is terminated or not renewed | 94989 |
| because the provider has not billed or otherwise submitted a | 94990 |
|
medicaid claim to the department for two years or longer | 94991 |
| 94992 | |
| 94993 | |
| 94994 |
| (13) The provider agreement is denied, terminated, or not | 94995 |
| renewed because the provider fails to provide to the department | 94996 |
| the national provider identifier assigned the provider by the | 94997 |
| national provider system pursuant to 45 C.F.R. 162. 408. | 94998 |
| In the case of a provider described in division (D)(12) or | 94999 |
|
(13) of
this section, the department may | 95000 |
| 95001 | |
|
sending a notice explaining the | 95002 |
| the provider. The notice shall be sent to the provider's address | 95003 |
|
on record with the department. | 95004 |
| described in division (D)(12) of this section, the notice may be | 95005 |
| sent by regular mail. In the case of a provider described in | 95006 |
| division (D)(13) of this section, the notice shall be sent by | 95007 |
| certified mail. | 95008 |
| (E) The department may withhold payments for services | 95009 |
|
rendered by a medicaid provider under the | 95010 |
| medicaid program during the pendency of proceedings initiated | 95011 |
| under division (B)(1) of this section. If the proceedings are | 95012 |
| initiated under division (B)(2) of this section, the department | 95013 |
| may withhold payments only to the extent that they equal amounts | 95014 |
| determined in a final fiscal audit as being due the state. This | 95015 |
| division does not apply if the department fails to comply with | 95016 |
| section 119.07 of the Revised Code, requests a continuance of the | 95017 |
| hearing, or does not issue a decision within thirty days after the | 95018 |
| hearing is completed. This division does not apply to nursing | 95019 |
| facilities and intermediate care facilities for the mentally | 95020 |
| retarded as defined in section 5111.20 of the Revised Code. | 95021 |
| Sec. 5111.176. (A) As used in this section: | 95022 |
| (1) "Medicaid health insuring corporation" means a health | 95023 |
| insuring corporation that holds a certificate of authority under | 95024 |
| Chapter 1751. of the Revised Code and has entered into a contract | 95025 |
| with the department of job and family services pursuant to section | 95026 |
| 5111.17 of the Revised Code. | 95027 |
| (2) "Managed care premium" means any premium payment, | 95028 |
| capitation payment, or other payment a medicaid health insuring | 95029 |
| corporation receives for providing, or arranging for the provision | 95030 |
| of, health care services to its members or enrollees residing in | 95031 |
| this state. | 95032 |
| (B) Except as provided in division (C) of this section, all | 95033 |
| of the following apply: | 95034 |
| (1) Each medicaid health insuring corporation shall pay to | 95035 |
| the department of job and family services a franchise permit fee | 95036 |
| for the period December 1, 2005, through December 31, 2005, and | 95037 |
|
each calendar quarter occurring | 95038 |
| 2006, and September 30, 2009. | 95039 |
| (2) The fee to be paid is an amount that is equal to a | 95040 |
| percentage of the managed care premiums the medicaid health | 95041 |
| insuring corporation received in the period December 1, 2005, | 95042 |
| through December 31, 2005, and in the subsequent quarter to which | 95043 |
| the fee applies, excluding the amount of any managed care premiums | 95044 |
| the corporation returned or refunded to enrollees, members, or | 95045 |
| premium payers during the period December 1, 2005, through | 95046 |
| December 31, 2005, or the subsequent quarter to which the fee | 95047 |
| applies. | 95048 |
| (3) The percentage to be used in calculating the fee shall be | 95049 |
| four and one-half per cent, unless the department adopts rules | 95050 |
| under division (L) of this section decreasing the percentage below | 95051 |
| four and one-half per cent or increasing the percentage to not | 95052 |
| more than six per cent. | 95053 |
| (C) The department shall reduce the franchise permit fee | 95054 |
| imposed under this section or terminate its collection of the fee | 95055 |
| if the department determines either of the following: | 95056 |
| (1) That the reduction or termination is required to comply | 95057 |
| with federal statutes or regulations; | 95058 |
| (2) That the fee does not qualify as a state share of | 95059 |
| medicaid expenditures eligible for federal financial | 95060 |
| participation. | 95061 |
| (D) The franchise permit fee shall be paid on or before the | 95062 |
| thirtieth day following the end of the period December 1, 2005, | 95063 |
| through December 31, 2005, or the calendar quarter to which the | 95064 |
| fee applies. At the time the fee is submitted, the medicaid health | 95065 |
| insuring corporation shall file with the department a report on a | 95066 |
| form prescribed by the department. The corporation shall provide | 95067 |
| on the form all information required by the department and shall | 95068 |
| include with the form any necessary supporting documentation. | 95069 |
| (E) The department may audit the records of any medicaid | 95070 |
| health insuring corporation to determine whether the corporation | 95071 |
| is in compliance with this section. The department may audit the | 95072 |
| records that pertain to the period December 1, 2005, through | 95073 |
| December 31, 2005, or a particular calendar quarter, at any time | 95074 |
| during the five years following the date the franchise permit fee | 95075 |
| payment for that period or quarter was due. | 95076 |
| (F)(1) A medicaid health insuring corporation that does not | 95077 |
| pay the franchise permit fee in full by the date the payment is | 95078 |
| due is subject to any or all of the following: | 95079 |
| (a) A monetary penalty in the amount of five hundred dollars | 95080 |
| for each day any part of the fee remains unpaid, except that the | 95081 |
| penalty shall not exceed an amount equal to five per cent of the | 95082 |
| total fee that was due; | 95083 |
| (b) Withholdings from future managed care premiums pursuant | 95084 |
| to division (G) of this section; | 95085 |
| (c) Termination of the corporation's medicaid provider | 95086 |
| agreement pursuant to division (H) of this section. | 95087 |
| (2) Penalties imposed under division (F)(1)(a) of this | 95088 |
| section are in addition to and not in lieu of the franchise permit | 95089 |
| fee. | 95090 |
| (G) If a medicaid health insuring corporation fails to pay | 95091 |
| the full amount of its franchise permit fee when due, or the full | 95092 |
| amount of a penalty imposed under division (F)(1)(a) of this | 95093 |
| section, the department may withhold an amount equal to the | 95094 |
| remaining amount due from any future managed care premiums to be | 95095 |
| paid to the corporation under the medicaid program. The department | 95096 |
| may withhold amounts under this division without providing notice | 95097 |
| to the corporation. The amounts may be withheld until the amount | 95098 |
| due has been paid. | 95099 |
| (H) The department may commence actions to terminate a | 95100 |
| medicaid health insuring corporation's medicaid provider | 95101 |
| agreement, and may terminate the agreement subject to division (I) | 95102 |
| of this section, if the corporation does any of the following: | 95103 |
| (1) Fails to pay its franchise permit fee or fails to pay the | 95104 |
| fee promptly; | 95105 |
| (2) Fails to pay a penalty imposed under division (F)(1)(a) | 95106 |
| of this section or fails to pay the penalty promptly; | 95107 |
| (3) Fails to cooperate with an audit conducted under division | 95108 |
| (E) of this section. | 95109 |
| (I) At the request of a medicaid health insuring corporation, | 95110 |
| the department shall grant the corporation a hearing in accordance | 95111 |
| with Chapter 119. of the Revised Code, if either of the following | 95112 |
| is the case: | 95113 |
| (1) The department has determined that the corporation owes | 95114 |
| an additional franchise permit fee or penalty as the result of an | 95115 |
| audit conducted under division (E) of this section. | 95116 |
| (2) The department is proposing to terminate the | 95117 |
| corporation's medicaid provider agreement and the provisions of | 95118 |
| section 5111.06 of the Revised Code requiring an adjudication in | 95119 |
| accordance with Chapter 119. of the Revised Code are applicable. | 95120 |
| (J)(1) At the request of a medicaid corporation, the | 95121 |
| department shall grant the corporation a reconsideration of any | 95122 |
| issue that arises out of the provisions of this section and is not | 95123 |
| subject to division (I) of this section. The department's decision | 95124 |
| at the conclusion of the reconsideration is not subject to appeal | 95125 |
| under Chapter 119. of the Revised Code or any other provision of | 95126 |
| the Revised Code. | 95127 |
| (2) In conducting a reconsideration, the department shall do | 95128 |
| at least the following: | 95129 |
| (a) Specify the time frames within which a corporation must | 95130 |
| act in order to exercise its opportunity for a reconsideration; | 95131 |
| (b) Permit the corporation to present written arguments or | 95132 |
| other materials that support the corporation's position. | 95133 |
| (K) There is hereby created in the state treasury the managed | 95134 |
| care assessment fund. Money collected from the franchise permit | 95135 |
| fees and penalties imposed under this section shall be credited to | 95136 |
| the fund. The department shall use the money in the fund to pay | 95137 |
| for medicaid services, the department's administrative costs, and | 95138 |
| contracts with medicaid health insuring corporations. | 95139 |
| (L) The director of job and family services may adopt rules | 95140 |
| to implement and administer this section. The rules shall be | 95141 |
| adopted in accordance with Chapter 119. of the Revised Code. | 95142 |
| Sec. 5111.222. (A) Except as otherwise provided by sections | 95143 |
| 5111.20 to 5111.33 of the Revised Code and by division (B) of this | 95144 |
| section, the payments that the department of job and family | 95145 |
| services shall agree to make to the provider of a nursing facility | 95146 |
| pursuant to a provider agreement shall equal the sum of all of the | 95147 |
| following: | 95148 |
| (1) The rate for direct care costs determined for the nursing | 95149 |
| facility under section 5111.231 of the Revised Code; | 95150 |
| (2) The rate for ancillary and support costs determined for | 95151 |
| the nursing facility's ancillary and support cost peer group under | 95152 |
| section 5111.24 of the Revised Code; | 95153 |
| (3) The rate for tax costs determined for the nursing | 95154 |
| facility under section 5111.242 of the Revised Code; | 95155 |
| (4) The rate for franchise permit fees determined for the | 95156 |
| nursing facility under section 5111.243 of the Revised Code; | 95157 |
| (5) The quality incentive payment paid to the nursing | 95158 |
| facility under section 5111.244 of the Revised Code; | 95159 |
|
(6) The | 95160 |
|
nursing | 95161 |
| 95162 | |
| Code. | 95163 |
| (B) The department shall adjust the rates otherwise | 95164 |
| determined under divisions (A)(1), (2), (3), and (6) of this | 95165 |
| section as directed by the general assembly through the enactment | 95166 |
| of law governing medicaid payments to providers of nursing | 95167 |
| facilities, including any law that does either of the following: | 95168 |
| (1) Establishes factors by which the rates are to be | 95169 |
| adjusted; | 95170 |
| (2) Establishes a methodology for phasing in the rates | 95171 |
| determined for fiscal year 2006 under uncodified law the general | 95172 |
| assembly enacts to rates determined for subsequent fiscal years | 95173 |
| under sections 5111.20 to 5111.33 of the Revised Code. | 95174 |
| Sec. 5111.231. (A) As used in this section, "applicable | 95175 |
| calendar year" means the following: | 95176 |
| (1) For the purpose of the department of job and family | 95177 |
| services' initial determination under division (D) of this section | 95178 |
| of each peer group's cost per case-mix unit, calendar year 2003; | 95179 |
| (2) For the purpose of the department's subsequent | 95180 |
| determinations under division (D) of this section of each peer | 95181 |
| group's cost per case-mix unit, the calendar year the department | 95182 |
| selects. | 95183 |
| (B) The department of job and family services shall pay a | 95184 |
| provider for each of the provider's eligible nursing facilities a | 95185 |
| per resident per day rate for direct care costs determined | 95186 |
| semiannually by multiplying the cost per case-mix unit determined | 95187 |
| under division (D) of this section for the facility's peer group | 95188 |
| by the facility's semiannual case-mix score determined under | 95189 |
| section 5111.232 of the Revised Code. | 95190 |
| (C) For the purpose of determining nursing facilities' rate | 95191 |
| for direct care costs, the department shall establish three peer | 95192 |
| groups. | 95193 |
| Each nursing facility located in any of the following | 95194 |
| counties shall be placed in peer group one: Brown, Butler, | 95195 |
| Clermont, Clinton, Hamilton, and Warren. | 95196 |
| Each nursing facility located in any of the following | 95197 |
| counties shall be placed in peer group two: Ashtabula, Champaign, | 95198 |
| Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, | 95199 |
| Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, | 95200 |
| Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, | 95201 |
| Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, | 95202 |
| and Wood. | 95203 |
| Each nursing facility located in any of the following | 95204 |
| counties shall be placed in peer group three: Adams, Allen, | 95205 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 95206 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 95207 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 95208 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 95209 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 95210 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 95211 |
| Washington, Wayne, Williams, and Wyandot. | 95212 |
| (D)(1) At least once every ten years, the department shall | 95213 |
| determine a cost per case-mix unit for each peer group established | 95214 |
| under division (C) of this section. A cost per case-mix unit | 95215 |
| determined under this division for a peer group shall be used for | 95216 |
| subsequent years until the department redetermines it. To | 95217 |
| determine a peer group's cost per case-mix unit, the department | 95218 |
| shall do all of the following: | 95219 |
| (a) Determine the cost per case-mix unit for each nursing | 95220 |
| facility in the peer group for the applicable calendar year by | 95221 |
| dividing each facility's desk-reviewed, actual, allowable, per | 95222 |
| diem direct care costs for the applicable calendar year by the | 95223 |
| facility's annual average case-mix score determined under section | 95224 |
| 5111.232 of the Revised Code for the applicable calendar year. | 95225 |
| (b) Subject to division (D)(2) of this section, identify | 95226 |
| which nursing facility in the peer group is at the twenty-fifth | 95227 |
| percentile of the cost per case-mix units determined under | 95228 |
| division (D)(1)(a) of this section. | 95229 |
| (c) Calculate the amount that is seven per cent above the | 95230 |
| cost per case-mix unit determined under division (D)(1)(a) of this | 95231 |
| section for the nursing facility identified under division | 95232 |
| (D)(1)(b) of this section. | 95233 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 95234 |
| of this section by the rate of inflation for the eighteen-month | 95235 |
| period beginning on the first day of July of the applicable | 95236 |
| calendar year and ending the last day of December of the calendar | 95237 |
| year immediately following the applicable calendar year using the | 95238 |
| 95239 | |
| 95240 | |
| 95241 | |
| director of job and family services shall specify in rules | 95242 |
| adopted under section 5111.02 of the Revised Code. | 95243 |
| (2) In making the identification under division (D)(1)(b) of | 95244 |
| this section, the department shall exclude both of the following: | 95245 |
| (a) Nursing facilities that participated in the medicaid | 95246 |
| program under the same provider for less than twelve months in the | 95247 |
| applicable calendar year; | 95248 |
| (b) Nursing facilities whose cost per case-mix unit is more | 95249 |
| than one standard deviation from the mean cost per case-mix unit | 95250 |
| for all nursing facilities in the nursing facility's peer group | 95251 |
| for the applicable calendar year. | 95252 |
| (3) The department shall not redetermine a peer group's cost | 95253 |
| per case-mix unit under this division based on additional | 95254 |
| information that it receives after the peer group's per case-mix | 95255 |
| unit is determined. The department shall redetermine a peer | 95256 |
| group's cost per case-mix unit only if it made an error in | 95257 |
| determining the peer group's cost per case-mix unit based on | 95258 |
| information available to the department at the time of the | 95259 |
| original determination. | 95260 |
| Sec. 5111.232. (A)(1) The department of job and family | 95261 |
| services shall determine semiannual and annual average case-mix | 95262 |
| scores for nursing facilities by using all of the following: | 95263 |
| (a) Data from a resident assessment instrument specified in | 95264 |
| rules adopted under section 5111.02 of the Revised Code pursuant | 95265 |
| to section 1919(e)(5) of the "Social Security Act," 49 Stat. 620 | 95266 |
| (1935), 42 U.S.C.A. 1396r(e)(5), as amended, for the following | 95267 |
| residents: | 95268 |
|
(i) When determining | 95269 |
| each resident who is a medicaid recipient; | 95270 |
| (ii) When determining annual average case-mix scores, each | 95271 |
| resident regardless of payment source. | 95272 |
|
(b) Except as provided in rules authorized by | 95273 |
| divisions (A)(2)(a) and (b) of this section, the case-mix values | 95274 |
| established by the United States department of health and human | 95275 |
| services; | 95276 |
| (c) Except as modified in rules authorized by division | 95277 |
| (A)(2)(c) of this section, the grouper methodology used on June | 95278 |
| 30, 1999, by the United States department of health and human | 95279 |
| services for prospective payment of skilled nursing facilities | 95280 |
| under the medicare program established by Title XVIII. | 95281 |
| (2) The director of job and family services may adopt rules | 95282 |
| under section 5111.02 of the Revised Code that do any of the | 95283 |
| following: | 95284 |
| (a) Adjust the case-mix values specified in division | 95285 |
| (A)(1)(b) of this section to reflect changes in relative wage | 95286 |
| differentials that are specific to this state; | 95287 |
| (b) Express all of those case-mix values in numeric terms | 95288 |
| that are different from the terms specified by the United States | 95289 |
| department of health and human services but that do not alter the | 95290 |
| relationship of the case-mix values to one another; | 95291 |
| (c) Modify the grouper methodology specified in division | 95292 |
| (A)(1)(c) of this section as follows: | 95293 |
| (i) Establish a different hierarchy for assigning residents | 95294 |
| to case-mix categories under the methodology; | 95295 |
| (ii) Prohibit the use of the index maximizer element of the | 95296 |
| methodology; | 95297 |
| (iii) Incorporate changes to the methodology the United | 95298 |
| States department of health and human services makes after June | 95299 |
| 30, 1999; | 95300 |
| (iv) Make other changes the department determines are | 95301 |
| necessary. | 95302 |
| (B) The department shall determine case-mix scores for | 95303 |
| intermediate care facilities for the mentally retarded using data | 95304 |
| for each resident, regardless of payment source, from a resident | 95305 |
| assessment instrument and grouper methodology prescribed in rules | 95306 |
| adopted under section 5111.02 of the Revised Code and expressed in | 95307 |
| case-mix values established by the department in those rules. | 95308 |
| (C) Each calendar quarter, each provider shall compile | 95309 |
| complete assessment data, from the resident assessment instrument | 95310 |
| specified in rules authorized by division (A) or (B) of this | 95311 |
| section, for each resident of each of the provider's facilities, | 95312 |
| regardless of payment source, who was in the facility or on | 95313 |
| hospital or therapeutic leave from the facility on the last day of | 95314 |
| the quarter. Providers of a nursing facility shall submit the data | 95315 |
| to the department of health and, if required by rules, the | 95316 |
| department of job and family services. Providers of an | 95317 |
| intermediate care facility for the mentally retarded shall submit | 95318 |
| the data to the department of job and family services. The data | 95319 |
| shall be submitted not later than fifteen days after the end of | 95320 |
| the calendar quarter for which the data is compiled. | 95321 |
| Except as provided in division (D) of this section, the | 95322 |
| department, every six months and after the end of each calendar | 95323 |
| year, shall calculate a semiannual and annual average case-mix | 95324 |
| score for each nursing facility using the facility's quarterly | 95325 |
| case-mix scores for that six-month period or calendar year. Also | 95326 |
| except as provided in division (D) of this section, the | 95327 |
| department, after the end of each calendar year, shall calculate | 95328 |
| an annual average case-mix score for each intermediate care | 95329 |
| facility for the mentally retarded using the facility's quarterly | 95330 |
| case-mix scores for that calendar year. The department shall make | 95331 |
| the calculations pursuant to procedures specified in rules adopted | 95332 |
| under section 5111.02 of the Revised Code. | 95333 |
| (D)(1) If a provider does not timely submit information for a | 95334 |
| calendar quarter necessary to calculate a facility's case-mix | 95335 |
| score, or submits incomplete or inaccurate information for a | 95336 |
| calendar quarter, the department may assign the facility a | 95337 |
| quarterly average case-mix score that is five per cent less than | 95338 |
| the facility's quarterly average case-mix score for the preceding | 95339 |
| calendar quarter. If the facility was subject to an exception | 95340 |
| review under division (C) of section 5111.27 of the Revised Code | 95341 |
| for the preceding calendar quarter, the department may assign a | 95342 |
| quarterly average case-mix score that is five per cent less than | 95343 |
| the score determined by the exception review. If the facility was | 95344 |
| assigned a quarterly average case-mix score for the preceding | 95345 |
| quarter, the department may assign a quarterly average case-mix | 95346 |
| score that is five per cent less than that score assigned for the | 95347 |
| preceding quarter. | 95348 |
| The department may use a quarterly average case-mix score | 95349 |
| assigned under division (D)(1) of this section, instead of a | 95350 |
| quarterly average case-mix score calculated based on the | 95351 |
| provider's submitted information, to calculate the facility's rate | 95352 |
| for direct care costs being established under section 5111.23 or | 95353 |
| 5111.231 of the Revised Code for one or more months, as specified | 95354 |
| in rules authorized by division (E) of this section, of the | 95355 |
| quarter for which the rate established under section 5111.23 or | 95356 |
| 5111.231 of the Revised Code will be paid. | 95357 |
| Before taking action under division (D)(1) of this section, | 95358 |
| the department shall permit the provider a reasonable period of | 95359 |
| time, specified in rules authorized by division (E) of this | 95360 |
| section, to correct the information. In the case of an | 95361 |
| intermediate care facility for the mentally retarded, the | 95362 |
| department shall not assign a quarterly average case-mix score due | 95363 |
| to late submission of corrections to assessment information unless | 95364 |
| the provider fails to submit corrected information prior to the | 95365 |
| eighty-first day after the end of the calendar quarter to which | 95366 |
| the information pertains. In the case of a nursing facility, the | 95367 |
| department shall not assign a quarterly average case-mix score due | 95368 |
| to late submission of corrections to assessment information unless | 95369 |
| the provider fails to submit corrected information prior to the | 95370 |
|
earlier of the | 95371 |
| calendar quarter to which the information pertains or the deadline | 95372 |
| for submission of such corrections established by regulations | 95373 |
| adopted by the United States department of health and human | 95374 |
| services under Titles XVIII and XIX. | 95375 |
| (2) If a provider is paid a rate for a facility calculated | 95376 |
| using a quarterly average case-mix score assigned under division | 95377 |
| (D)(1) of this section for more than six months in a calendar | 95378 |
| year, the department may assign the facility a cost per case-mix | 95379 |
| unit that is five per cent less than the facility's actual or | 95380 |
| assigned cost per case-mix unit for the preceding calendar year. | 95381 |
| The department may use the assigned cost per case-mix unit, | 95382 |
| instead of calculating the facility's actual cost per case-mix | 95383 |
| unit in accordance with section 5111.23 or 5111.231 of the Revised | 95384 |
| Code, to establish the facility's rate for direct care costs for | 95385 |
| the following fiscal year. | 95386 |
| (3) The department shall take action under division (D)(1) or | 95387 |
| (2) of this section only in accordance with rules authorized by | 95388 |
| division (E) of this section. The department shall not take an | 95389 |
| action that affects rates for prior payment periods except in | 95390 |
| accordance with sections 5111.27 and 5111.28 of the Revised Code. | 95391 |
| (E) The director shall adopt rules under section 5111.02 of | 95392 |
| the Revised Code that do all of the following: | 95393 |
| (1) Specify whether providers of a nursing facility must | 95394 |
| submit the assessment data to the department of job and family | 95395 |
| services; | 95396 |
| (2) Specify the medium or media through which the completed | 95397 |
| assessment data shall be submitted; | 95398 |
| (3) Establish procedures under which the assessment data | 95399 |
| shall be reviewed for accuracy and providers shall be notified of | 95400 |
| any data that requires correction; | 95401 |
| (4) Establish procedures for providers to correct assessment | 95402 |
| data and specify a reasonable period of time by which providers | 95403 |
| shall submit the corrections. The procedures may limit the content | 95404 |
| of corrections by providers of nursing facilities in the manner | 95405 |
| required by regulations adopted by the United States department of | 95406 |
| health and human services under Titles XVIII and XIX. | 95407 |
| (5) Specify when and how the department will assign case-mix | 95408 |
| scores or costs per case-mix unit under division (D) of this | 95409 |
| section if information necessary to calculate the facility's | 95410 |
| case-mix score is not provided or corrected in accordance with the | 95411 |
| procedures established by the rules. Notwithstanding any other | 95412 |
| provision of sections 5111.20 to 5111.33 of the Revised Code, the | 95413 |
| rules also may provide for the following: | 95414 |
| (a) Exclusion of case-mix scores assigned under division (D) | 95415 |
| of this section from calculation of an intermediate care facility | 95416 |
| for the mentally retarded's annual average case-mix score and the | 95417 |
| maximum cost per case-mix unit for the facility's peer group; | 95418 |
| (b) Exclusion of case-mix scores assigned under division (D) | 95419 |
| of this section from calculation of a nursing facility's | 95420 |
| semiannual or annual average case-mix score and the cost per | 95421 |
| case-mix unit for the facility's peer group. | 95422 |
| Sec. 5111.236. (A) As used in this section, "medically | 95423 |
| fragile child" means an individual under eighteen years of age who | 95424 |
| requires both of the following: | 95425 |
| (1) The services of a doctor of medicine or osteopathic | 95426 |
| medicine at least once a week due to the instability of the | 95427 |
| individual's medical condition; | 95428 |
| (2) The services of a registered nurse on a daily basis. | 95429 |
| (B) The medicaid program shall cover oxygen services that a | 95430 |
| medical supplier with a valid medicaid provider agreement provides | 95431 |
| to a medicaid recipient who is a medically fragile child and | 95432 |
| resides in an intermediate care facility for the mentally | 95433 |
| retarded. The medicaid program shall cover such oxygen services | 95434 |
| regardless of any of the following: | 95435 |
| (1) The percentage of the medicaid recipient's arterial | 95436 |
| oxygen saturation at rest, exercise, or sleep; | 95437 |
| (2) The type of system used in delivering the oxygen to the | 95438 |
| medicaid recipient; | 95439 |
| (3) Whether the intermediate care facility for the mentally | 95440 |
| retarded in which the medicaid recipient resides purchases or | 95441 |
| rents the equipment used in the delivery of the oxygen to the | 95442 |
| recipient. | 95443 |
| (C) A medical supplier of an oxygen service shall bill the | 95444 |
| department of job and family services directly for oxygen services | 95445 |
| the medicaid program covers under this section. The provider of an | 95446 |
| intermediate care facility for the mentally retarded may not | 95447 |
| include the cost of an oxygen service covered by the medicaid | 95448 |
| program under this section in the facility's cost report unless | 95449 |
| the facility is the medical supplier of the oxygen service. | 95450 |
| Sec. 5111.24. (A) As used in this section, "applicable | 95451 |
| calendar year" means the following: | 95452 |
| (1) For the purpose of the department of job and family | 95453 |
| services' initial determination under division (D) of this section | 95454 |
| of each peer group's rate for ancillary and support costs, | 95455 |
| calendar year 2003; | 95456 |
| (2) For the purpose of the department's subsequent | 95457 |
| determinations under division (D) of this section of each peer | 95458 |
| group's rate for ancillary and support costs, the calendar year | 95459 |
| the department selects. | 95460 |
| (B) The department of job and family services shall pay a | 95461 |
| provider for each of the provider's eligible nursing facilities a | 95462 |
| per resident per day rate for ancillary and support costs | 95463 |
| determined for the nursing facility's peer group under division | 95464 |
| (D) of this section. | 95465 |
| (C) For the purpose of determining nursing facilities' rate | 95466 |
| for ancillary and support costs, the department shall establish | 95467 |
| six peer groups. | 95468 |
| Each nursing facility located in any of the following | 95469 |
| counties shall be placed in peer group one or two: Brown, Butler, | 95470 |
| Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 95471 |
| located in any of those counties that has fewer than one hundred | 95472 |
| beds shall be placed in peer group one. Each nursing facility | 95473 |
| located in any of those counties that has one hundred or more beds | 95474 |
| shall be placed in peer group two. | 95475 |
| Each nursing facility located in any of the following | 95476 |
| counties shall be placed in peer group three or four: Ashtabula, | 95477 |
| Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 95478 |
| Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 95479 |
| Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 95480 |
| Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 95481 |
| Union, and Wood. Each nursing facility located in any of those | 95482 |
| counties that has fewer than one hundred beds shall be placed in | 95483 |
| peer group three. Each nursing facility located in any of those | 95484 |
| counties that has one hundred or more beds shall be placed in peer | 95485 |
| group four. | 95486 |
| Each nursing facility located in any of the following | 95487 |
| counties shall be placed in peer group five or six: Adams, Allen, | 95488 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 95489 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 95490 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 95491 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 95492 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 95493 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 95494 |
| Washington, Wayne, Williams, and Wyandot. Each nursing facility | 95495 |
| located in any of those counties that has fewer than one hundred | 95496 |
| beds shall be placed in peer group five. Each nursing facility | 95497 |
| located in any of those counties that has one hundred or more beds | 95498 |
| shall be placed in peer group six. | 95499 |
| (D)(1) At least once every ten years, the department shall | 95500 |
| determine the rate for ancillary and support costs for each peer | 95501 |
| group established under division (C) of this section. The rate for | 95502 |
| ancillary and support costs determined under this division for a | 95503 |
| peer group shall be used for subsequent years until the department | 95504 |
| redetermines it. To determine a peer group's rate for ancillary | 95505 |
| and support costs, the department shall do all of the following: | 95506 |
| (a) Determine the rate for ancillary and support costs for | 95507 |
| each nursing facility in the peer group for the applicable | 95508 |
| calendar year by using the greater of the nursing facility's | 95509 |
| actual inpatient days for the applicable calendar year or the | 95510 |
| inpatient days the nursing facility would have had for the | 95511 |
| applicable calendar year if its occupancy rate had been ninety per | 95512 |
| cent. For the purpose of determining a nursing facility's | 95513 |
| occupancy rate under division (D)(1)(a) of this section, the | 95514 |
| department shall include any beds that the nursing facility | 95515 |
| removes from its medicaid-certified capacity unless the nursing | 95516 |
| facility also removes the beds from its licensed bed capacity. | 95517 |
| (b) Subject to division (D)(2) of this section, identify | 95518 |
| which nursing facility in the peer group is at the twenty-fifth | 95519 |
| percentile of the rate for ancillary and support costs for the | 95520 |
| applicable calendar year determined under division (D)(1)(a) of | 95521 |
| this section. | 95522 |
| (c) Calculate the amount that is three per cent above the | 95523 |
| rate for ancillary and support costs determined under division | 95524 |
| (D)(1)(a) of this section for the nursing facility identified | 95525 |
| under division (D)(1)(b) of this section. | 95526 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 95527 |
| of this section by the rate of inflation for the eighteen-month | 95528 |
| period beginning on the first day of July of the applicable | 95529 |
| calendar year and ending the last day of December of the calendar | 95530 |
| year immediately following the applicable calendar year using the | 95531 |
| 95532 | |
| 95533 | |
| 95534 | |
| the director of job and family services shall specify in rules | 95535 |
| adopted under section 5111.02 of the Revised Code. | 95536 |
| (2) In making the identification under division (D)(1)(b) of | 95537 |
| this section, the department shall exclude both of the following: | 95538 |
| (a) Nursing facilities that participated in the medicaid | 95539 |
| program under the same provider for less than twelve months in the | 95540 |
| applicable calendar year; | 95541 |
| (b) Nursing facilities whose ancillary and support costs are | 95542 |
| more than one standard deviation from the mean desk-reviewed, | 95543 |
| actual, allowable, per diem ancillary and support cost for all | 95544 |
| nursing facilities in the nursing facility's peer group for the | 95545 |
| applicable calendar year. | 95546 |
| (3) The department shall not redetermine a peer group's rate | 95547 |
| for ancillary and support costs under this division based on | 95548 |
| additional information that it receives after the rate is | 95549 |
| determined. The department shall redetermine a peer group's rate | 95550 |
| for ancillary and support costs only if it made an error in | 95551 |
| determining the rate based on information available to the | 95552 |
| department at the time of the original determination. | 95553 |
| Sec. 5111.25. (A) As used in this section, "applicable | 95554 |
| calendar year" means the following: | 95555 |
| (1) For the purpose of the department of job and family | 95556 |
| services' initial determination under division (D) of this section | 95557 |
| of each peer group's median rate for capital costs, calendar year | 95558 |
| 2003; | 95559 |
| (2) For the purpose of the department's subsequent | 95560 |
| determinations under division (D) of this section of each peer | 95561 |
| group's median rate for capital costs, the calendar year the | 95562 |
| department selects. | 95563 |
| (B) The department of job and family services shall pay a | 95564 |
| provider for each of the provider's eligible nursing facilities a | 95565 |
| per resident per day rate for capital costs. A nursing facility's | 95566 |
| rate for capital costs shall be the greater of the following: | 95567 |
| (1) The median rate for capital costs for the nursing | 95568 |
| facilities in the nursing facility's peer group as determined | 95569 |
| under division (D) of this section; | 95570 |
| (2) The sum of the following: | 95571 |
| (a) The capital costs portion of the nursing facility's | 95572 |
| medicaid reimbursement per diem rate on June 30, 2005, regardless | 95573 |
| of whether the nursing facility has undergone a change of | 95574 |
| operator, as defined in section 5111.65 of the Revised Code, after | 95575 |
| that date or, if the nursing facility did not have a medicaid | 95576 |
| reimbursement per diem rate on June 30, 2005, the capital costs | 95577 |
| portion of the nursing facility's initial rate established under | 95578 |
| section 5111.254 of the Revised Code; | 95579 |
| (b) Any per diem for which the nursing facility qualified | 95580 |
| under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th general | 95581 |
| assembly, as amended by Am. Sub. H.B. 562 of the 127th general | 95582 |
| assembly. | 95583 |
| (C) For the purpose of determining nursing facilities' median | 95584 |
| rate for capital costs, the department shall establish six peer | 95585 |
| groups. | 95586 |
| Each nursing facility located in any of the following | 95587 |
| counties shall be placed in peer group one or two: Brown, Butler, | 95588 |
| Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 95589 |
| located in any of those counties that has fewer than one hundred | 95590 |
| beds shall be placed in peer group one. Each nursing facility | 95591 |
| located in any of those counties that has one hundred or more beds | 95592 |
| shall be placed in peer group two. | 95593 |
| Each nursing facility located in any of the following | 95594 |
| counties shall be placed in peer group three or four: Ashtabula, | 95595 |
| Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 95596 |
| Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 95597 |
| Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 95598 |
| Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 95599 |
| Union, and Wood. Each nursing facility located in any of those | 95600 |
| counties that has fewer than one hundred beds shall be placed in | 95601 |
| peer group three. Each nursing facility located in any of those | 95602 |
| counties that has one hundred or more beds shall be placed in peer | 95603 |
| group four. | 95604 |
| Each nursing facility located in any of the following | 95605 |
| counties shall be placed in peer group five or six: Adams, Allen, | 95606 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 95607 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 95608 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 95609 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 95610 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 95611 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 95612 |
| Washington, Wayne, Williams, and Wyandot. Each nursing facility | 95613 |
| located in any of those counties that has fewer than one hundred | 95614 |
| beds shall be placed in peer group five. Each nursing facility | 95615 |
| located in any of those counties that has one hundred or more beds | 95616 |
| shall be placed in peer group six. | 95617 |
| (D)(1) At least once every ten years, the department shall | 95618 |
| determine the median rate for capital costs for each peer group | 95619 |
| established under division (C) of this section. The median rate | 95620 |
| for capital costs determined under this division for a peer group | 95621 |
| shall be used for subsequent years until the department | 95622 |
| redetermines it. To determine a peer group's median rate for | 95623 |
| capital costs, the department shall do both of the following: | 95624 |
| (a) Subject to division (D)(2) of this section, use the | 95625 |
| greater of each nursing facility's actual inpatient days for the | 95626 |
| applicable calendar year or the inpatient days the nursing | 95627 |
| facility would have had for the applicable calendar year if its | 95628 |
| occupancy rate had been one hundred per cent. | 95629 |
| (b) Exclude both of the following: | 95630 |
| (i) Nursing facilities that participated in the medicaid | 95631 |
| program under the same provider for less than twelve months in the | 95632 |
| applicable calendar year; | 95633 |
| (ii) Nursing facilities whose capital costs are more than one | 95634 |
| standard deviation from the mean desk-reviewed, actual, allowable, | 95635 |
| per diem capital cost for all nursing facilities in the nursing | 95636 |
| facility's peer group for the applicable calendar year. | 95637 |
| (2) For the purpose of determining a nursing facility's | 95638 |
| occupancy rate under division (D)(1)(a) of this section, the | 95639 |
| department shall include any beds that the nursing facility | 95640 |
| removes from its medicaid-certified capacity after June 30, 2005, | 95641 |
| unless the nursing facility also removes the beds from its | 95642 |
| licensed bed capacity. | 95643 |
| (E) Buildings shall be depreciated using the straight line | 95644 |
| method over forty years or over a different period approved by the | 95645 |
| department. Components and equipment shall be depreciated using | 95646 |
| the straight-line method over a period designated in rules adopted | 95647 |
| under section 5111.02 of the Revised Code, consistent with the | 95648 |
| guidelines of the American hospital association, or over a | 95649 |
| different period approved by the department. Any rules authorized | 95650 |
| by this division that specify useful lives of buildings, | 95651 |
| components, or equipment apply only to assets acquired on or after | 95652 |
| July 1, 1993. Depreciation for costs paid or reimbursed by any | 95653 |
| government agency shall not be included in capital costs unless | 95654 |
| that part of the payment under sections 5111.20 to 5111.33 of the | 95655 |
| Revised Code is used to reimburse the government agency. | 95656 |
| (F) The capital cost basis of nursing facility assets shall | 95657 |
| be determined in the following manner: | 95658 |
| (1) Except as provided in division (F)(3) of this section, | 95659 |
| for purposes of calculating the rates to be paid for facilities | 95660 |
| with dates of licensure on or before June 30, 1993, the capital | 95661 |
| cost basis of each asset shall be equal to the desk-reviewed, | 95662 |
| actual, allowable, capital cost basis that is listed on the | 95663 |
| facility's cost report for the calendar year preceding the fiscal | 95664 |
| year during which the rate will be paid. | 95665 |
| (2) For facilities with dates of licensure after June 30, | 95666 |
| 1993, the capital cost basis shall be determined in accordance | 95667 |
| with the principles of the medicare program established under | 95668 |
| Title XVIII, except as otherwise provided in sections 5111.20 to | 95669 |
| 5111.33 of the Revised Code. | 95670 |
| (3) Except as provided in division (F)(4) of this section, if | 95671 |
| a provider transfers an interest in a facility to another provider | 95672 |
| after June 30, 1993, there shall be no increase in the capital | 95673 |
| cost basis of the asset if the providers are related parties or | 95674 |
| the provider to which the interest is transferred authorizes the | 95675 |
| provider that transferred the interest to continue to operate the | 95676 |
| facility under a lease, management agreement, or other | 95677 |
| arrangement. If the previous sentence does not prohibit the | 95678 |
| adjustment of the capital cost basis under this division, the | 95679 |
| basis of the asset shall be adjusted by the lesser of the | 95680 |
| following: | 95681 |
| (a) One-half of the change in construction costs during the | 95682 |
| time that the transferor held the asset, as calculated by the | 95683 |
| department of job and family services using the "Dodge building | 95684 |
| cost indexes, northeastern and north central states," published by | 95685 |
| Marshall and Swift; | 95686 |
| (b) One-half of the change in the consumer price index for | 95687 |
| all items for all urban consumers, as published by the United | 95688 |
| States bureau of labor statistics, during the time that the | 95689 |
| transferor held the asset. | 95690 |
| (4) If a provider transfers an interest in a facility to | 95691 |
| another provider who is a related party, the capital cost basis of | 95692 |
| the asset shall be adjusted as specified in division (F)(3) of | 95693 |
| this section if all of the following conditions are met: | 95694 |
| (a) The related party is a relative of owner; | 95695 |
| (b) Except as provided in division (F)(4)(c)(ii) of this | 95696 |
| section, the provider making the transfer retains no ownership | 95697 |
| interest in the facility; | 95698 |
| (c) The department of job and family services determines that | 95699 |
| the transfer is an arm's length transaction pursuant to rules | 95700 |
| adopted under section 5111.02 of the Revised Code. The rules shall | 95701 |
| provide that a transfer is an arm's length transaction if all of | 95702 |
| the following apply: | 95703 |
| (i) Once the transfer goes into effect, the provider that | 95704 |
| made the transfer has no direct or indirect interest in the | 95705 |
| provider that acquires the facility or the facility itself, | 95706 |
| including interest as an owner, officer, director, employee, | 95707 |
| independent contractor, or consultant, but excluding interest as a | 95708 |
| creditor. | 95709 |
| (ii) The provider that made the transfer does not reacquire | 95710 |
| an interest in the facility except through the exercise of a | 95711 |
| creditor's rights in the event of a default. If the provider | 95712 |
| reacquires an interest in the facility in this manner, the | 95713 |
| department shall treat the facility as if the transfer never | 95714 |
| occurred when the department calculates its reimbursement rates | 95715 |
| for capital costs. | 95716 |
| (iii) The transfer satisfies any other criteria specified in | 95717 |
| the rules. | 95718 |
| (d) Except in the case of hardship caused by a catastrophic | 95719 |
| event, as determined by the department, or in the case of a | 95720 |
| provider making the transfer who is at least sixty-five years of | 95721 |
| age, not less than twenty years have elapsed since, for the same | 95722 |
| facility, the capital cost basis was adjusted most recently under | 95723 |
| division (F)(4) of this section or actual, allowable cost of | 95724 |
| ownership was determined most recently under division (G)(9) of | 95725 |
| this section. | 95726 |
| (G) As used in this division: | 95727 |
| "Imputed interest" means the lesser of the prime rate plus | 95728 |
| two per cent or ten per cent. | 95729 |
| "Lease expense" means lease payments in the case of an | 95730 |
| operating lease and depreciation expense and interest expense in | 95731 |
| the case of a capital lease. | 95732 |
| "New lease" means a lease, to a different lessee, of a | 95733 |
| nursing facility that previously was operated under a lease. | 95734 |
| (1) Subject to division (B) of this section, for a lease of a | 95735 |
| facility that was effective on May 27, 1992, the entire lease | 95736 |
| expense is an actual, allowable capital cost during the term of | 95737 |
| the existing lease. The entire lease expense also is an actual, | 95738 |
| allowable capital cost if a lease in existence on May 27, 1992, is | 95739 |
| renewed under either of the following circumstances: | 95740 |
| (a) The renewal is pursuant to a renewal option that was in | 95741 |
| existence on May 27, 1992; | 95742 |
| (b) The renewal is for the same lease payment amount and | 95743 |
| between the same parties as the lease in existence on May 27, | 95744 |
| 1992. | 95745 |
| (2) Subject to division (B) of this section, for a lease of a | 95746 |
| facility that was in existence but not operated under a lease on | 95747 |
| May 27, 1992, actual, allowable capital costs shall include the | 95748 |
| lesser of the annual lease expense or the annual depreciation | 95749 |
| expense and imputed interest expense that would be calculated at | 95750 |
| the inception of the lease using the lessor's entire historical | 95751 |
| capital asset cost basis, adjusted by the lesser of the following | 95752 |
| amounts: | 95753 |
| (a) One-half of the change in construction costs during the | 95754 |
| time the lessor held each asset until the beginning of the lease, | 95755 |
| as calculated by the department using the "Dodge building cost | 95756 |
| indexes, northeastern and north central states," published by | 95757 |
| Marshall and Swift; | 95758 |
| (b) One-half of the change in the consumer price index for | 95759 |
| all items for all urban consumers, as published by the United | 95760 |
| States bureau of labor statistics, during the time the lessor held | 95761 |
| each asset until the beginning of the lease. | 95762 |
| (3) Subject to division (B) of this section, for a lease of a | 95763 |
| facility with a date of licensure on or after May 27, 1992, that | 95764 |
| is initially operated under a lease, actual, allowable capital | 95765 |
| costs shall include the annual lease expense if there was a | 95766 |
| substantial commitment of money for construction of the facility | 95767 |
| after December 22, 1992, and before July 1, 1993. If there was not | 95768 |
| a substantial commitment of money after December 22, 1992, and | 95769 |
| before July 1, 1993, actual, allowable capital costs shall include | 95770 |
| the lesser of the annual lease expense or the sum of the | 95771 |
| following: | 95772 |
| (a) The annual depreciation expense that would be calculated | 95773 |
| at the inception of the lease using the lessor's entire historical | 95774 |
| capital asset cost basis; | 95775 |
| (b) The greater of the lessor's actual annual amortization of | 95776 |
| financing costs and interest expense at the inception of the lease | 95777 |
| or the imputed interest expense calculated at the inception of the | 95778 |
| lease using seventy per cent of the lessor's historical capital | 95779 |
| asset cost basis. | 95780 |
| (4) Subject to division (B) of this section, for a lease of a | 95781 |
| facility with a date of licensure on or after May 27, 1992, that | 95782 |
| was not initially operated under a lease and has been in existence | 95783 |
| for ten years, actual, allowable capital costs shall include the | 95784 |
| lesser of the annual lease expense or the annual depreciation | 95785 |
| expense and imputed interest expense that would be calculated at | 95786 |
| the inception of the lease using the entire historical capital | 95787 |
| asset cost basis of the lessor, adjusted by the lesser of the | 95788 |
| following: | 95789 |
| (a) One-half of the change in construction costs during the | 95790 |
| time the lessor held each asset until the beginning of the lease, | 95791 |
| as calculated by the department using the "Dodge building cost | 95792 |
| indexes, northeastern and north central states," published by | 95793 |
| Marshall and Swift; | 95794 |
| (b) One-half of the change in the consumer price index for | 95795 |
| all items for all urban consumers, as published by the United | 95796 |
| States bureau of labor statistics, during the time the lessor held | 95797 |
| each asset until the beginning of the lease. | 95798 |
| (5) Subject to division (B) of this section, for a new lease | 95799 |
| of a facility that was operated under a lease on May 27, 1992, | 95800 |
| actual, allowable capital costs shall include the lesser of the | 95801 |
| annual new lease expense or the annual old lease payment. If the | 95802 |
| old lease was in effect for ten years or longer, the old lease | 95803 |
| payment from the beginning of the old lease shall be adjusted by | 95804 |
| the lesser of the following: | 95805 |
| (a) One-half of the change in construction costs from the | 95806 |
| beginning of the old lease to the beginning of the new lease, as | 95807 |
| calculated by the department using the "Dodge building cost | 95808 |
| indexes, northeastern and north central states," published by | 95809 |
| Marshall and Swift; | 95810 |
| (b) One-half of the change in the consumer price index for | 95811 |
| all items for all urban consumers, as published by the United | 95812 |
| States bureau of labor statistics, from the beginning of the old | 95813 |
| lease to the beginning of the new lease. | 95814 |
| (6) Subject to division (B) of this section, for a new lease | 95815 |
| of a facility that was not in existence or that was in existence | 95816 |
| but not operated under a lease on May 27, 1992, actual, allowable | 95817 |
| capital costs shall include the lesser of annual new lease expense | 95818 |
| or the annual amount calculated for the old lease under division | 95819 |
| (G)(2), (3), (4), or (6) of this section, as applicable. If the | 95820 |
| old lease was in effect for ten years or longer, the lessor's | 95821 |
| historical capital asset cost basis shall be adjusted by the | 95822 |
| lesser of the following for purposes of calculating the annual | 95823 |
| amount under division (G)(2), (3), (4), or (6) of this section: | 95824 |
| (a) One-half of the change in construction costs from the | 95825 |
| beginning of the old lease to the beginning of the new lease, as | 95826 |
| calculated by the department using the "Dodge building cost | 95827 |
| indexes, northeastern and north central states," published by | 95828 |
| Marshall and Swift; | 95829 |
| (b) One-half of the change in the consumer price index for | 95830 |
| all items for all urban consumers, as published by the United | 95831 |
| States bureau of labor statistics, from the beginning of the old | 95832 |
| lease to the beginning of the new lease. | 95833 |
| In the case of a lease under division (G)(3) of this section | 95834 |
| of a facility for which a substantial commitment of money was made | 95835 |
| after December 22, 1992, and before July 1, 1993, the old lease | 95836 |
| payment shall be adjusted for the purpose of determining the | 95837 |
| annual amount. | 95838 |
| (7) For any revision of a lease described in division (G)(1), | 95839 |
| (2), (3), (4), (5), or (6) of this section, or for any subsequent | 95840 |
| lease of a facility operated under such a lease, other than | 95841 |
| execution of a new lease, the portion of actual, allowable capital | 95842 |
| costs attributable to the lease shall be the same as before the | 95843 |
| revision or subsequent lease. | 95844 |
| (8) Except as provided in division (G)(9) of this section, if | 95845 |
| a provider leases an interest in a facility to another provider | 95846 |
| who is a related party or previously operated the facility, the | 95847 |
| related party's or previous operator's actual, allowable capital | 95848 |
| costs shall include the lesser of the annual lease expense or the | 95849 |
| reasonable cost to the lessor. | 95850 |
| (9) If a provider leases an interest in a facility to another | 95851 |
| provider who is a related party, regardless of the date of the | 95852 |
| lease, the related party's actual, allowable capital costs shall | 95853 |
| include the annual lease expense, subject to the limitations | 95854 |
| specified in divisions (G)(1) to (7) of this section, if all of | 95855 |
| the following conditions are met: | 95856 |
| (a) The related party is a relative of owner; | 95857 |
| (b) If the lessor retains an ownership interest, it is, | 95858 |
| except as provided in division (G)(9)(c)(ii) of this section, in | 95859 |
| only the real property and any improvements on the real property; | 95860 |
| (c) The department of job and family services determines that | 95861 |
| the lease is an arm's length transaction pursuant to rules adopted | 95862 |
| under section 5111.02 of the Revised Code. The rules shall provide | 95863 |
| that a lease is an arm's length transaction if all of the | 95864 |
| following apply: | 95865 |
| (i) Once the lease goes into effect, the lessor has no direct | 95866 |
| or indirect interest in the lessee or, except as provided in | 95867 |
| division (G)(9)(b) of this section, the facility itself, including | 95868 |
| interest as an owner, officer, director, employee, independent | 95869 |
| contractor, or consultant, but excluding interest as a lessor. | 95870 |
| (ii) The lessor does not reacquire an interest in the | 95871 |
| facility except through the exercise of a lessor's rights in the | 95872 |
| event of a default. If the lessor reacquires an interest in the | 95873 |
| facility in this manner, the department shall treat the facility | 95874 |
| as if the lease never occurred when the department calculates its | 95875 |
| reimbursement rates for capital costs. | 95876 |
| (iii) The lease satisfies any other criteria specified in the | 95877 |
| rules. | 95878 |
| (d) Except in the case of hardship caused by a catastrophic | 95879 |
| event, as determined by the department, or in the case of a lessor | 95880 |
| who is at least sixty-five years of age, not less than twenty | 95881 |
| years have elapsed since, for the same facility, the capital cost | 95882 |
| basis was adjusted most recently under division (F)(4) of this | 95883 |
| section or actual, allowable capital costs were determined most | 95884 |
| recently under division (G)(9) of this section. | 95885 |
| (10) This division does not apply to leases of specific items | 95886 |
| of equipment. | 95887 |
| (H) After the date on which a transaction of sale is closed, | 95888 |
| the provider shall refund to the department the amount of excess | 95889 |
| depreciation paid to the provider for the facility by the | 95890 |
| department for each year the provider has operated the facility | 95891 |
| under a provider agreement and prorated according to the number of | 95892 |
| medicaid patient days for which the provider has received payment | 95893 |
| for the facility. The provider of a facility that is sold or that | 95894 |
| voluntarily terminates participation in the medicaid program also | 95895 |
| shall refund any other amount that the department properly finds | 95896 |
| to be due after the audit conducted under this division. For the | 95897 |
| purposes of this division, "depreciation paid to the provider for | 95898 |
| the facility" means the amount paid to the provider for the | 95899 |
| nursing facility for capital costs pursuant to this section less | 95900 |
| any amount paid for interest costs, amortization of financing | 95901 |
| costs, and lease expenses. For the purposes of this division, | 95902 |
| "excess depreciation" is the nursing facility's depreciated basis, | 95903 |
| which is the provider's cost less accumulated depreciation, | 95904 |
| subtracted from the purchase price net of selling costs but not | 95905 |
| exceeding the amount of depreciation paid to the provider for the | 95906 |
| facility. | 95907 |
| Sec. 5111.261. Except as otherwise provided in section | 95908 |
| 5111.264 of the Revised Code, the department of job and family | 95909 |
| services, in determining whether an intermediate care facility for | 95910 |
| the mentally retarded's direct care costs and indirect care costs | 95911 |
| are allowable, shall place no limit on specific categories of | 95912 |
| reasonable costs other than compensation of owners, compensation | 95913 |
|
of relatives of owners, and compensation of
administrators | 95914 |
| 95915 | |
| 95916 |
| Compensation cost limits for owners and relatives of owners | 95917 |
| shall be based on compensation costs for individuals who hold | 95918 |
| comparable positions but who are not owners or relatives of | 95919 |
| owners, as reported on facility cost reports. As used in this | 95920 |
| section, "comparable position" means the position that is held by | 95921 |
| the owner or the owner's relative, if that position is listed | 95922 |
| separately on the cost report form, or if the position is not | 95923 |
| listed separately, the group of positions that is listed on the | 95924 |
| cost report form and that includes the position held by the owner | 95925 |
| or the owner's relative. In the case of an owner or owner's | 95926 |
| relative who serves the facility in a capacity such as corporate | 95927 |
| officer, proprietor, or partner for which no comparable position | 95928 |
| or group of positions is listed on the cost report form, the | 95929 |
| compensation cost limit shall be based on civil service | 95930 |
| equivalents and shall be specified in rules adopted under section | 95931 |
| 5111.02 of the Revised Code. | 95932 |
| Compensation cost limits for administrators shall be based on | 95933 |
| compensation costs for administrators who are not owners or | 95934 |
| relatives of owners, as reported on facility cost reports. | 95935 |
| Compensation cost limits for administrators of four or more | 95936 |
| intermediate care facilities for the mentally retarded shall be | 95937 |
| the same as the limits for administrators of intermediate care | 95938 |
| facilities for the mentally retarded with one hundred fifty or | 95939 |
| more beds. | 95940 |
| Sec. 5111.65. As used in sections 5111.65 to | 95941 |
| 5111.689 of the Revised Code: | 95942 |
| (A) "Change of operator" means an entering operator becoming | 95943 |
| the operator of a nursing facility or intermediate care facility | 95944 |
| for the mentally retarded in the place of the exiting operator. | 95945 |
| (1) Actions that constitute a change of operator include the | 95946 |
| following: | 95947 |
| (a) A change in an exiting operator's form of legal | 95948 |
| organization, including the formation of a partnership or | 95949 |
| corporation from a sole proprietorship; | 95950 |
| (b) A transfer of all the exiting operator's ownership | 95951 |
| interest in the operation of the facility to the entering | 95952 |
| operator, regardless of whether ownership of any or all of the | 95953 |
| real property or personal property associated with the facility is | 95954 |
| also transferred; | 95955 |
| (c) A lease of the facility to the entering operator or the | 95956 |
| exiting operator's termination of the exiting operator's lease; | 95957 |
| (d) If the exiting operator is a partnership, dissolution of | 95958 |
| the partnership; | 95959 |
| (e) If the exiting operator is a partnership, a change in | 95960 |
| composition of the partnership unless both of the following apply: | 95961 |
| (i) The change in composition does not cause the | 95962 |
| partnership's dissolution under state law. | 95963 |
| (ii) The partners agree that the change in composition does | 95964 |
| not constitute a change in operator. | 95965 |
| (f) If the operator is a corporation, dissolution of the | 95966 |
| corporation, a merger of the corporation into another corporation | 95967 |
| that is the survivor of the merger, or a consolidation of one or | 95968 |
| more other corporations to form a new corporation. | 95969 |
| (2) The following, alone, do not constitute a change of | 95970 |
| operator: | 95971 |
| (a) A contract for an entity to manage a nursing facility or | 95972 |
| intermediate care facility for the mentally retarded as the | 95973 |
| operator's agent, subject to the operator's approval of daily | 95974 |
| operating and management decisions; | 95975 |
| (b) A change of ownership, lease, or termination of a lease | 95976 |
| of real property or personal property associated with a nursing | 95977 |
| facility or intermediate care facility for the mentally retarded | 95978 |
| if an entering operator does not become the operator in place of | 95979 |
| an exiting operator; | 95980 |
| (c) If the operator is a corporation, a change of one or more | 95981 |
| members of the corporation's governing body or transfer of | 95982 |
| ownership of one or more shares of the corporation's stock, if the | 95983 |
| same corporation continues to be the operator. | 95984 |
| (B) "Effective date of a change of operator" means the day | 95985 |
| the entering operator becomes the operator of the nursing facility | 95986 |
| or intermediate care facility for the mentally retarded. | 95987 |
| (C) "Effective date of a facility closure" means the last day | 95988 |
| that the last of the residents of the nursing facility or | 95989 |
| intermediate care facility for the mentally retarded resides in | 95990 |
| the facility. | 95991 |
| (D) "Effective date of a voluntary termination" means the day | 95992 |
| the intermediate care facility for the mentally retarded ceases to | 95993 |
| accept medicaid patients. | 95994 |
| (E) "Effective date of a voluntary withdrawal of | 95995 |
| participation" means the day the nursing facility ceases to accept | 95996 |
| new medicaid patients other than the individuals who reside in the | 95997 |
| nursing facility on the day before the effective date of the | 95998 |
| voluntary withdrawal of participation. | 95999 |
| (F) "Entering operator" means the person or government entity | 96000 |
| that will become the operator of a nursing facility or | 96001 |
| intermediate care facility for the mentally retarded when a change | 96002 |
| of operator occurs. | 96003 |
| (G) "Exiting operator" means any of the following: | 96004 |
| (1) An operator that will cease to be the operator of a | 96005 |
| nursing facility or intermediate care facility for the mentally | 96006 |
| retarded on the effective date of a change of operator; | 96007 |
| (2) An operator that will cease to be the operator of a | 96008 |
| nursing facility or intermediate care facility for the mentally | 96009 |
| retarded on the effective date of a facility closure; | 96010 |
| (3) An operator of an intermediate care facility for the | 96011 |
| mentally retarded that is undergoing or has undergone a voluntary | 96012 |
| termination; | 96013 |
| (4) An operator of a nursing facility that is undergoing or | 96014 |
| has undergone a voluntary withdrawal of participation. | 96015 |
| (H)(1) "Facility closure" means discontinuance of the use of | 96016 |
| the building, or part of the building, that houses the facility as | 96017 |
| a nursing facility or intermediate care facility for the mentally | 96018 |
| retarded that results in the relocation of all of the facility's | 96019 |
| residents. A facility closure occurs regardless of any of the | 96020 |
| following: | 96021 |
| (a) The operator completely or partially replacing the | 96022 |
| facility by constructing a new facility or transferring the | 96023 |
| facility's license to another facility; | 96024 |
| (b) The facility's residents relocating to another of the | 96025 |
| operator's facilities; | 96026 |
| (c) Any action the department of health takes regarding the | 96027 |
| facility's certification under Title XIX of the "Social Security | 96028 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may | 96029 |
| result in the transfer of part of the facility's survey findings | 96030 |
| to another of the operator's facilities; | 96031 |
| (d) Any action the department of health takes regarding the | 96032 |
| facility's license under Chapter 3721. of the Revised Code; | 96033 |
| (e) Any action the department of mental retardation and | 96034 |
| developmental disabilities takes regarding the facility's license | 96035 |
| under section 5123.19 of the Revised Code. | 96036 |
| (2) A facility closure does not occur if all of the | 96037 |
| facility's residents are relocated due to an emergency evacuation | 96038 |
| and one or more of the residents return to a medicaid-certified | 96039 |
| bed in the facility not later than thirty days after the | 96040 |
| evacuation occurs. | 96041 |
| (I) "Fiscal year," "intermediate care facility for the | 96042 |
| mentally retarded," "nursing facility," "operator," "owner," and | 96043 |
| "provider agreement" have the same meanings as in section 5111.20 | 96044 |
| of the Revised Code. | 96045 |
| (J) "Voluntary termination" means an operator's voluntary | 96046 |
| election to terminate the participation of an intermediate care | 96047 |
| facility for the mentally retarded in the medicaid program but to | 96048 |
| continue to provide service of the type provided by a residential | 96049 |
| facility as defined in section 5123.19 of the Revised Code. | 96050 |
| (K) "Voluntary withdrawal of participation" means an | 96051 |
| operator's voluntary election to terminate the participation of a | 96052 |
| nursing facility in the medicaid program but to continue to | 96053 |
| provide service of the type provided by a nursing facility. | 96054 |
| Sec. 5111.651. Sections 5111.65 to | 96055 |
| Revised Code do not apply to a nursing facility or intermediate | 96056 |
| care facility for the mentally retarded that undergoes a facility | 96057 |
| closure, voluntary termination, voluntary withdrawal of | 96058 |
| participation, or change of operator on or before September 30, | 96059 |
| 2005, if the exiting operator provided written notice of the | 96060 |
| facility closure, voluntary termination, voluntary withdrawal of | 96061 |
| participation, or change of operator to the department of job and | 96062 |
| family services on or before June 30, 2005. | 96063 |
| Sec. 5111.688. (A) All amounts withheld under section | 96064 |
| 5111.681 of the Revised Code from payment due an exiting operator | 96065 |
| under the medicaid program shall be deposited into the medicaid | 96066 |
| payment withholding fund created by the controlling board pursuant | 96067 |
| to section 131.35 of the Revised Code. Money in the fund shall be | 96068 |
| used as follows: | 96069 |
| (1) To pay an exiting operator when a withholding is released | 96070 |
| to the exiting operator under section 5111.686 or 5111.687 of the | 96071 |
| Revised Code; | 96072 |
| (2) To pay the department of job and family services and | 96073 |
| United States centers for medicare and medicaid services the | 96074 |
| amount an exiting operator owes the department and United States | 96075 |
| centers under the medicaid program. | 96076 |
| (B) Amounts paid from the medicaid payment withholding fund | 96077 |
| pursuant to division (A)(2) of this section shall be deposited | 96078 |
| into the appropriate department fund. | 96079 |
| | 96080 |
| services may adopt rules under section 5111.02 of the Revised Code | 96081 |
|
to implement sections 5111.65 to | 96082 |
| Code, including rules applicable to an exiting operator that | 96083 |
| provides written notification under section 5111.66 of the Revised | 96084 |
| Code of a voluntary withdrawal of participation. Rules adopted | 96085 |
| under this section shall comply with section 1919(c)(2)(F) of the | 96086 |
| "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 96087 |
| 1396r(c)(2)(F), regarding restrictions on transfers or discharges | 96088 |
| of nursing facility residents in the case of a voluntary | 96089 |
| withdrawal of participation. The rules may prescribe a medicaid | 96090 |
| reimbursement methodology and other procedures that are applicable | 96091 |
| after the effective date of a voluntary withdrawal of | 96092 |
| participation that differ from the reimbursement methodology and | 96093 |
| other procedures that would otherwise apply. | 96094 |
| Sec. 5111.705. No individual shall be denied eligibility for | 96095 |
| the medicaid buy-in for workers with disabilities program on the | 96096 |
| basis that the individual receives services under a home and | 96097 |
| community-based services medicaid waiver component as defined in | 96098 |
|
section | 96099 |
| Sec. 5111.85. (A) As used in this section and sections | 96100 |
|
5111.851 to 5111.856 of the Revised Code | 96101 |
| "Home and community-based services medicaid waiver component" | 96102 |
| means a medicaid waiver component under which home and | 96103 |
| community-based services are provided as an alternative to | 96104 |
| hospital, nursing facility, or intermediate care facility for the | 96105 |
| mentally retarded services. | 96106 |
| "Hospital" has the same meaning as in section 3727.01 of the | 96107 |
| Revised Code. | 96108 |
| "Intermediate care facility for the mentally retarded" has | 96109 |
| the same meaning as in section 5111.20 of the Revised Code. | 96110 |
| "Medicaid waiver component" means a component of the medicaid | 96111 |
| program authorized by a waiver granted by the United States | 96112 |
| department of health and human services under section 1115 or 1915 | 96113 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 96114 |
| 1315 or 1396n. "Medicaid waiver component" does not include a | 96115 |
| care management system established under section 5111.16 of the | 96116 |
| Revised Code. | 96117 |
| "Nursing facility" has the same meaning as in section 5111.20 | 96118 |
| of the Revised Code. | 96119 |
| (B) The director of job and family services may adopt rules | 96120 |
| under Chapter 119. of the Revised Code governing medicaid waiver | 96121 |
| components that establish all of the following: | 96122 |
| (1) Eligibility requirements for the medicaid waiver | 96123 |
| components; | 96124 |
| (2) The type, amount, duration, and scope of services the | 96125 |
| medicaid waiver components provide; | 96126 |
| (3) The conditions under which the medicaid waiver components | 96127 |
| cover services; | 96128 |
| (4) The amount the medicaid waiver components pay for | 96129 |
| services or the method by which the amount is determined; | 96130 |
| (5) The manner in which the medicaid waiver components pay | 96131 |
| for services; | 96132 |
| (6) Safeguards for the health and welfare of medicaid | 96133 |
| recipients receiving services under a medicaid waiver component; | 96134 |
| (7) Procedures for both of the following: | 96135 |
| (a) Identifying individuals who meet all of the following | 96136 |
| requirements: | 96137 |
| (i) Are eligible for a home and community-based services | 96138 |
| medicaid waiver component and on a waiting list for the component; | 96139 |
| (ii) Are receiving inpatient hospital services or residing in | 96140 |
| an intermediate care facility for the mentally retarded or | 96141 |
| nursing facility (as appropriate for the component); | 96142 |
| (iii) Choose to be enrolled in the component. | 96143 |
| (b) Approving the enrollment of individuals identified under | 96144 |
| the procedures established under division (B)(7)(a) of this | 96145 |
| section into the home and community-based services medicaid waiver | 96146 |
| component. | 96147 |
| (8) Procedures for enforcing the rules, including | 96148 |
| establishing corrective action plans for, and imposing financial | 96149 |
| and administrative sanctions on, persons and government entities | 96150 |
| that violate the rules. Sanctions shall include terminating | 96151 |
| medicaid provider agreements. The procedures shall include due | 96152 |
| process protections. | 96153 |
| | 96154 |
| administration of the medicaid waiver components. | 96155 |
| (C) The director of job and family services may adopt | 96156 |
| different rules for the different medicaid waiver components. The | 96157 |
| rules shall be consistent with the terms of the waiver authorizing | 96158 |
| the medicaid waiver component. | 96159 |
| (D) Any procedures established under division (B)(7) of this | 96160 |
| section for the PASSPORT program shall be consistent with section | 96161 |
| 173.401 of the Revised Code. Any procedures established under | 96162 |
| division (B)(7) of this section for the assisted living program | 96163 |
| shall be consistent with section 5111.894 of the Revised Code. | 96164 |
| Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855 | 96165 |
| of the Revised Code: | 96166 |
| "Administrative agency" means, with respect to a home and | 96167 |
| community-based services medicaid waiver component, the department | 96168 |
| of job and family services or, if a state agency or political | 96169 |
| subdivision contracts with the department under section 5111.91 of | 96170 |
| the Revised Code to administer the component, that state agency or | 96171 |
| political subdivision. | 96172 |
| | 96173 |
| 96174 | |
| 96175 | |
| 96176 | |
| 96177 |
| | 96178 |
| 96179 |
| | 96180 |
| 96181 |
| "Level of care determination" means a determination of | 96182 |
| whether an individual needs the level of care provided by a | 96183 |
| hospital, nursing facility, or intermediate care facility for the | 96184 |
| mentally retarded and whether the individual, if determined to | 96185 |
| need that level of care, would receive hospital, nursing facility, | 96186 |
| or intermediate care facility for the mentally retarded services | 96187 |
| if not for a home and community-based services medicaid waiver | 96188 |
| component. | 96189 |
| "Medicaid buy-in for workers with disabilities program" means | 96190 |
| the component of the medicaid program established under sections | 96191 |
| 5111.70 to 5111.7011 of the Revised Code. | 96192 |
| | 96193 |
| 96194 |
| "Skilled nursing facility" means a facility certified as a | 96195 |
| skilled nursing facility under Title XVIII of the "Social Security | 96196 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 96197 |
| (B) The following requirements apply to each home and | 96198 |
| community-based services medicaid waiver component: | 96199 |
| (1) Only an individual who qualifies for a component shall | 96200 |
| receive that component's services. | 96201 |
| (2) A level of care determination shall be made as part of | 96202 |
| the process of determining whether an individual qualifies for a | 96203 |
| component and shall be made each year after the initial | 96204 |
| determination if, during such a subsequent year, the | 96205 |
| administrative agency determines there is a reasonable indication | 96206 |
| that the individual's needs have changed. | 96207 |
| (3) A written plan of care or individual service plan based | 96208 |
| on an individual assessment of the services that an individual | 96209 |
| needs to avoid needing admission to a hospital, nursing facility, | 96210 |
| or intermediate care facility for the mentally retarded shall be | 96211 |
| created for each individual determined eligible for a component. | 96212 |
| (4) Each individual determined eligible for a component shall | 96213 |
| receive that component's services in accordance with the | 96214 |
| individual's level of care determination and written plan of care | 96215 |
| or individual service plan. | 96216 |
| (5) No individual may receive services under a component | 96217 |
| while the individual is a hospital inpatient or resident of a | 96218 |
| skilled nursing facility, nursing facility, or intermediate care | 96219 |
| facility for the mentally retarded. | 96220 |
| (6) No individual may receive prevocational, educational, or | 96221 |
| supported employment services under a component if the individual | 96222 |
| is eligible for such services that are funded with federal funds | 96223 |
| provided under 29 U.S.C. 730 or the "Individuals with Disabilities | 96224 |
| Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended. | 96225 |
| (7) Safeguards shall be taken to protect the health and | 96226 |
| welfare of individuals receiving services under a component, | 96227 |
| including safeguards established in rules adopted under section | 96228 |
| 5111.85 of the Revised Code and safeguards established by | 96229 |
| licensing and certification requirements that are applicable to | 96230 |
| the providers of that component's services. | 96231 |
| (8) No services may be provided under a component by a | 96232 |
| provider that is subject to standards that 42 U.S.C. 1382e(e)(1) | 96233 |
| requires be established if the provider fails to comply with the | 96234 |
| standards applicable to the provider. | 96235 |
| (9) Individuals determined to be eligible for a component, or | 96236 |
| such individuals' representatives, shall be informed of that | 96237 |
| component's services, including any choices that the individual or | 96238 |
| representative may make regarding the component's services, and | 96239 |
| given the choice of either receiving services under that component | 96240 |
| or, as appropriate, hospital, nursing facility, or intermediate | 96241 |
| care facility for the mentally retarded services. | 96242 |
| (10) No individual shall lose eligibility for services under | 96243 |
| a component, or have the services reduced or otherwise disrupted, | 96244 |
| on the basis that the individual also receives services under the | 96245 |
| medicaid buy-in for workers with disabilities program. | 96246 |
| (11) No individual shall lose eligibility for services under | 96247 |
| a component, or have the services reduced or otherwise disrupted, | 96248 |
| on the basis that the individual's income or resources increase to | 96249 |
| an amount above the eligibility limit for the component if the | 96250 |
| individual is participating in the medicaid buy-in for workers | 96251 |
| with disabilities program and the amount of the individual's | 96252 |
| income or resources does not exceed the eligibility limit for the | 96253 |
| medicaid buy-in for workers with disabilities program. | 96254 |
| (12) No individual receiving services under a component shall | 96255 |
| be required to pay any cost sharing expenses for the services for | 96256 |
| any period during which the individual also participates in the | 96257 |
| medicaid buy-in for workers with disabilities program. | 96258 |
| Sec. 5111.861. (A) As used in this section: | 96259 |
| (1) "Assisted living program" means the medicaid waiver | 96260 |
| component created under section 5111.89 of the Revised Code. | 96261 |
| (2) "Choices program" means the medicaid waiver component | 96262 |
| created under section 173.402 of the Revised Code. | 96263 |
| (3) "Medicaid waiver component" has the same meaning as in | 96264 |
| section 5111.85 of the Revised Code. | 96265 |
| (4) "PASSPORT program" means the medicaid waiver component | 96266 |
| created under section 173.40 of the Revised Code. | 96267 |
| (B) The director of job and family services shall submit a | 96268 |
| request to the United States secretary of health and human | 96269 |
| services pursuant to 42 U.S.C. 1396n to obtain a federal medicaid | 96270 |
| waiver that consolidates the following medicaid waiver components | 96271 |
| into one medicaid waiver component: | 96272 |
| (1) The assisted living program; | 96273 |
| (2) The choices program; | 96274 |
| (3) The PASSPORT program. | 96275 |
| (C) In seeking a consolidated federal medicaid waiver under | 96276 |
| this section, the director of job and family services shall work | 96277 |
| with the director of aging and provide for the waiver to do all of | 96278 |
| the following: | 96279 |
| (1) For the part of the waiver that concerns the assisted | 96280 |
| living program, include the provisions that sections 5111.89 to | 96281 |
| 5111.894 of the Revised Code establish for the assisted living | 96282 |
| program; | 96283 |
| (2) For the part of the waiver that concerns the choices | 96284 |
| program, include the provisions that sections 173.402 and 173.403 | 96285 |
| of the Revised Code establishes for the choices program; | 96286 |
| (3) For the part of the waiver that concerns the PASSPORT | 96287 |
| program, include the provisions that sections 173.40, 173.401, and | 96288 |
| 173.403 of the Revised Code establish for the PASSPORT program; | 96289 |
| (4) For each part of the waiver, including the part that | 96290 |
| concerns the choices program, be available statewide. | 96291 |
| (D) If the United States secretary approves the consolidated | 96292 |
| federal medicaid waiver sought under this section, all of the | 96293 |
| following shall apply: | 96294 |
| (1) The department of job and family services shall enter | 96295 |
| into a contract with the department of aging under section 5111.91 | 96296 |
| of the Revised Code for the department of aging to administer the | 96297 |
| consolidated federal medicaid waiver, except that the department | 96298 |
| of job and family services, rather than the department of aging, | 96299 |
| shall administer the part of the waiver that concerns the assisted | 96300 |
| living program if the director of budget and management does not | 96301 |
| approve the contract; | 96302 |
| (2) The director of job and family services shall adopt rules | 96303 |
| under section 5111.85 of the Revised Code to authorize the | 96304 |
| director of aging to adopt rules in accordance with Chapter 119. | 96305 |
| of the Revised Code that are needed to implement the consolidated | 96306 |
| federal medicaid waiver, except that the director of job and | 96307 |
| family services shall adopt rules under section 5111.85 of the | 96308 |
| Revised Code that are needed to implement the part of the waiver | 96309 |
| that concerns the assisted living program if the director of | 96310 |
| budget and management does not approve the contract the | 96311 |
| departments of job and family services and aging enter into under | 96312 |
| division (D)(1) of this section; | 96313 |
| (3) Any statutory reference to the assisted living program | 96314 |
| shall mean the part of the consolidated federal medicaid waiver | 96315 |
| that concerns the assisted living program; | 96316 |
| (4) Any statutory reference to the choices program shall mean | 96317 |
| the part of the consolidated federal medicaid waiver that concerns | 96318 |
| the choices program; | 96319 |
| (5) Any statutory references to the PASSPORT program shall | 96320 |
| mean the part of the consolidated federal medicaid waiver that | 96321 |
| concerns the PASSPORT program. | 96322 |
| Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710 | 96323 |
| of the Revised Code: | 96324 |
| "Home and community-based services" has the same meaning as | 96325 |
| in section 5123.01 of the Revised Code. | 96326 |
| "ICF/MR services" means intermediate care facility for the | 96327 |
| mentally retarded services covered by the medicaid program that an | 96328 |
| intermediate care facility for the mentally retarded provides to a | 96329 |
| resident of the facility who is a medicaid recipient eligible for | 96330 |
| medicaid-covered intermediate care facility for the mentally | 96331 |
| retarded services. | 96332 |
| "Intermediate care facility for the mentally retarded" means | 96333 |
| an intermediate care facility for the mentally retarded that is | 96334 |
| certified as in compliance with applicable standards for the | 96335 |
| medicaid program by the director of health in accordance with | 96336 |
| Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 | 96337 |
| U.S.C. 1396, as amended, and licensed as a residential facility | 96338 |
| under section 5123.19 of the Revised Code. | 96339 |
| "Residential facility" has the same meaning as in section | 96340 |
| 5123.19 of the Revised Code. | 96341 |
| (B) For the purpose of increasing the number of slots | 96342 |
| available for home and community-based services and subject to | 96343 |
| sections 5111.877 and 5111.878 of the Revised Code, the operator | 96344 |
| of an intermediate care facility for the mentally retarded may | 96345 |
| convert all of the beds in the facility from providing ICF/MR | 96346 |
| services to providing home and community-based services if all | 96347 |
| of the following requirements are met: | 96348 |
| (1) The operator provides the directors of health, job and | 96349 |
| family services, and mental retardation and developmental | 96350 |
| disabilities at least ninety days' notice of the operator's intent | 96351 |
| to relinquish the facility's certification as an intermediate care | 96352 |
| facility for the mentally retarded and to begin providing home and | 96353 |
| community-based services. | 96354 |
| (2) The operator complies with the requirements of sections | 96355 |
|
5111.65 to | 96356 |
| voluntary termination as defined in section 5111.65 of the | 96357 |
| Revised Code if those requirements are applicable. | 96358 |
| (3) The operator notifies each of the facility's residents | 96359 |
| that the facility is to cease providing ICF/MR services and inform | 96360 |
| each resident that the resident may do either of the following: | 96361 |
| (a) Continue to receive ICF/MR services by transferring to | 96362 |
| another facility that is an intermediate care facility for the | 96363 |
| mentally retarded willing and able to accept the resident if the | 96364 |
| resident continues to qualify for ICF/MR services; | 96365 |
| (b) Begin to receive home and community-based services | 96366 |
| instead of ICF/MR services from any provider of home and | 96367 |
| community-based services that is willing and able to provide the | 96368 |
| services to the resident if the resident is eligible for the | 96369 |
| services and a slot for the services is available to the resident. | 96370 |
| (4) The operator meets the requirements for providing home | 96371 |
| and community-based services, including the following: | 96372 |
| (a) Such requirements applicable to a residential facility if | 96373 |
| the operator maintains the facility's license as a residential | 96374 |
| facility; | 96375 |
| (b) Such requirements applicable to a facility that is not | 96376 |
| licensed as a residential facility if the operator surrenders the | 96377 |
| facility's residential facility license under section 5123.19 of | 96378 |
| the Revised Code. | 96379 |
| (5) The director of mental retardation and developmental | 96380 |
| disabilities approves the conversion. | 96381 |
| (C) The notice to the director of mental retardation and | 96382 |
| developmental disabilities under division (B)(1) of this section | 96383 |
| shall specify whether the operator wishes to surrender the | 96384 |
| facility's license as a residential facility under section 5123.19 | 96385 |
| of the Revised Code. | 96386 |
| (D) If the director of mental retardation and developmental | 96387 |
| disabilities approves a conversion under division (B) of this | 96388 |
| section, the director of health shall terminate the certification | 96389 |
| of the intermediate care facility for the mentally retarded to be | 96390 |
| converted. The director of health shall notify the director of | 96391 |
| job and family services of the termination. On receipt of the | 96392 |
| director of health's notice, the director of job and family | 96393 |
| services shall terminate the operator's medicaid provider | 96394 |
| agreement that authorizes the operator to provide ICF/MR services | 96395 |
| at the facility. The operator is not entitled to notice or a | 96396 |
| hearing under Chapter 119. of the Revised Code before the | 96397 |
| director of job and family services terminates the medicaid | 96398 |
| provider agreement. | 96399 |
| Sec. 5111.875. (A) For the purpose of increasing the number | 96400 |
| of slots available for home and community-based services and | 96401 |
| subject to sections 5111.877 and 5111.878 of the Revised Code, a | 96402 |
| person who acquires, through a request for proposals issued by | 96403 |
| the director of mental retardation and developmental | 96404 |
| disabilities, a residential facility that is an intermediate care | 96405 |
| facility for the mentally retarded and for which the license as a | 96406 |
| residential facility was previously surrendered or revoked may | 96407 |
| convert some or all of the facility's beds from providing ICF/MR | 96408 |
| services to providing home and community-based services if all | 96409 |
| of the following requirements are met: | 96410 |
| (1) The person provides the directors of health, job and | 96411 |
| family services, and mental retardation and developmental | 96412 |
| disabilities at least ninety days' notice of the person's intent | 96413 |
| to make the conversion. | 96414 |
| (2) The person complies with the requirements of sections | 96415 |
|
5111.65 to | 96416 |
| voluntary termination as defined in section 5111.65 of the | 96417 |
| Revised Code if those requirements are applicable. | 96418 |
| (3) If the person intends to convert all of the facility's | 96419 |
| beds, the person notifies each of the facility's residents that | 96420 |
| the facility is to cease providing ICF/MR services and informs | 96421 |
| each resident that the resident may do either of the following: | 96422 |
| (a) Continue to receive ICF/MR services by transferring to | 96423 |
| another facility that is an intermediate care facility for the | 96424 |
| mentally retarded willing and able to accept the resident if the | 96425 |
| resident continues to qualify for ICF/MR services; | 96426 |
| (b) Begin to receive home and community-based services | 96427 |
| instead of ICF/MR services from any provider of home and | 96428 |
| community-based services that is willing and able to provide the | 96429 |
| services to the resident if the resident is eligible for the | 96430 |
| services and a slot for the services is available to the resident. | 96431 |
| (4) If the person intends to convert some but not all of the | 96432 |
| facility's beds, the person notifies each of the facility's | 96433 |
| residents that the facility is to convert some of its beds from | 96434 |
| providing ICF/MR services to providing home and community-based | 96435 |
| services and inform each resident that the resident may do either | 96436 |
| of the following: | 96437 |
| (a) Continue to receive ICF/MR services from any provider of | 96438 |
| ICF/MR services that is willing and able to provide the services | 96439 |
| to the resident if the resident continues to qualify for ICF/MR | 96440 |
| services; | 96441 |
| (b) Begin to receive home and community-based services | 96442 |
| instead of ICF/MR services from any provider of home and | 96443 |
| community-based services that is willing and able to provide the | 96444 |
| services to the resident if the resident is eligible for the | 96445 |
| services and a slot for the services is available to the resident. | 96446 |
| (5) The person meets the requirements for providing home and | 96447 |
| community-based services at a residential facility. | 96448 |
| (B) The notice provided to the directors under division | 96449 |
| (A)(1) of this section shall specify whether some or all of the | 96450 |
| facility's beds are to be converted. If some but not all of the | 96451 |
| beds are to be converted, the notice shall specify how many of | 96452 |
| the facility's beds are to be converted and how many of the beds | 96453 |
| are to continue to provide ICF/MR services. | 96454 |
| (C) On receipt of a notice under division (A)(1) of this | 96455 |
| section, the director of health shall do the following: | 96456 |
| (1) Terminate the certification of the intermediate care | 96457 |
| facility for the mentally retarded if the notice specifies that | 96458 |
| all of the facility's beds are to be converted; | 96459 |
| (2) Reduce the facility's certified capacity by the number of | 96460 |
| beds being converted if the notice specifies that some but not all | 96461 |
| of the beds are to be converted. | 96462 |
| (D) The director of health shall notify the director of job | 96463 |
| and family services of the termination or reduction under division | 96464 |
| (C) of this section. On receipt of the director of health's | 96465 |
| notice, the director of job and family services shall do the | 96466 |
| following: | 96467 |
| (1) Terminate the person's medicaid provider agreement that | 96468 |
| authorizes the person to provide ICF/MR services at the facility | 96469 |
| if the facility's certification was terminated; | 96470 |
| (2) Amend the person's medicaid provider agreement to reflect | 96471 |
| the facility's reduced certified capacity if the facility's | 96472 |
| certified capacity is reduced. | 96473 |
| The person is not entitled to notice or a hearing under | 96474 |
| Chapter 119. of the Revised Code before the director of job and | 96475 |
| family services terminates or amends the medicaid provider | 96476 |
| agreement. | 96477 |
| Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811 | 96478 |
| of the Revised Code: | 96479 |
| (1) "Adult" means an individual at least eighteen years of | 96480 |
| age. | 96481 |
| (2) "Authorized representative" means the following: | 96482 |
| (a) In the case of a consumer who is a minor, the consumer's | 96483 |
| parent, custodian, or guardian; | 96484 |
| (b) In the case of a consumer who is an adult, an individual | 96485 |
| selected by the consumer pursuant to section 5111.8810 of the | 96486 |
| Revised Code to act on the consumer's behalf for purposes | 96487 |
| regarding home care attendant services. | 96488 |
| (3) "Authorizing health care professional" means a health | 96489 |
| care professional who, pursuant to section 5111.887 of the Revised | 96490 |
| Code, authorizes a home care attendant to assist a consumer with | 96491 |
| self-administration of medication, nursing tasks, or both. | 96492 |
| (4) "Consumer" means an individual to whom all of the | 96493 |
| following apply: | 96494 |
| (a) The individual is enrolled in a participating medicaid | 96495 |
| waiver component. | 96496 |
| (b) The individual has a medically determinable physical | 96497 |
| impairment to which both of the following apply: | 96498 |
| (i) It is expected to last for a continuous period of not | 96499 |
| less than twelve months. | 96500 |
| (ii) It causes the individual to require assistance with | 96501 |
| activities of daily living, self-care, and mobility, including | 96502 |
| either assistance with self-administration of medication or the | 96503 |
| performance of nursing tasks, or both. | 96504 |
| (c) In the case of an individual who is an adult, the | 96505 |
| individual is mentally alert and is, or has an authorized | 96506 |
| representative who is, capable of selecting, directing the | 96507 |
| actions of, and dismissing a home care attendant. | 96508 |
| (d) In the case of an individual who is a minor, the | 96509 |
| individual has an authorized representative who is capable of | 96510 |
| selecting, directing the actions of, and dismissing a home care | 96511 |
| attendant. | 96512 |
| (5) "Controlled substance" has the same meaning as in section | 96513 |
| 3719.01 of the Revised Code. | 96514 |
| (6) "Custodian" has the same meaning as in section 2151.011 | 96515 |
| of the Revised Code. | 96516 |
| (7) "Gastrostomy tube" means a percutaneously inserted | 96517 |
| catheter that terminates in the stomach. | 96518 |
| (8) "Guardian" has the same meaning as in section 2111.01 of | 96519 |
| the Revised Code. | 96520 |
| (9) "Health care professional" means a physician or | 96521 |
| registered nurse. | 96522 |
| (10) "Home care attendant" means an individual holding a | 96523 |
| valid medicaid provider agreement in accordance with section | 96524 |
| 5111.881 of the Revised Code that authorizes the individual to | 96525 |
| provide home care attendant services to consumers. | 96526 |
| (11) "Home care attendant services" means all of the | 96527 |
| following as provided by a home care attendant: | 96528 |
| (a) Personal care aide services; | 96529 |
| (b) Assistance with the self-administration of medication; | 96530 |
| (c) Assistance with nursing tasks. | 96531 |
| (12) "Jejunostomy tube" means a percutaneously inserted | 96532 |
| catheter that terminates in the jejunum. | 96533 |
| (13) "Medicaid waiver component" has the same meaning as in | 96534 |
| section 5111.85 of the Revised Code. | 96535 |
| (14) "Medication" means a drug as defined in section 4729.01 | 96536 |
| of the Revised Code. | 96537 |
| (15) "Minor" means an individual under eighteen years of age. | 96538 |
| (16) "Participating medicaid waiver component" means both of | 96539 |
| the following: | 96540 |
| (a) The medicaid waiver component known as Ohio home care | 96541 |
| that the department of job and family services administers; | 96542 |
| (b) The medicaid waiver component known as Ohio transitions | 96543 |
| II aging carve-out that the department of job and family services | 96544 |
| administers. | 96545 |
| (17) "Physician" means an individual authorized under Chapter | 96546 |
| 4731. of the Revised Code to practice medicine and surgery or | 96547 |
| osteopathic medicine and surgery. | 96548 |
| (18) "Practice of nursing as a registered nurse," "practice | 96549 |
| of nursing as a licensed practical nurse," and "registered nurse" | 96550 |
| have the same meanings as in section 4723.01 of the Revised Code. | 96551 |
| "Registered nurse" includes an advanced practice nurse, as defined | 96552 |
| in section 4723.01 of the Revised Code. | 96553 |
| (19) "Schedule II," "schedule III," "schedule IV," and | 96554 |
| "schedule V" have the same meanings as in section 3719.01 of the | 96555 |
| Revised Code. | 96556 |
| (B) The director of job and family services may submit | 96557 |
| requests to the United States secretary of health and human | 96558 |
| services to amend the federal medicaid waivers authorizing the | 96559 |
| participating medicaid waiver components to have those components | 96560 |
| cover home care attendant services in accordance with sections | 96561 |
| 5111.88 to 5111.8810 and rules adopted under section 5111.8811 of | 96562 |
| the Revised Code. Notwithstanding sections 5111.881 to 5111.8811 | 96563 |
| of the Revised Code, those sections shall be implemented regarding | 96564 |
| a participating medicaid waiver component only if the secretary | 96565 |
| approves a waiver amendment for the component. | 96566 |
| Sec. 5111.881. The director of job and family services shall | 96567 |
| enter into a medicaid provider agreement with an individual to | 96568 |
| authorize the individual to provide home care attendant services | 96569 |
| to consumers if the individual does both of the following: | 96570 |
| (A) Agrees to comply with the requirements of sections | 96571 |
| 5111.88 to 5111.8810 and rules adopted under section 5111.8811 of | 96572 |
| the Revised Code; | 96573 |
| (B) Provides the director evidence satisfactory to the | 96574 |
| director of all of the following: | 96575 |
| (1) That the individual either meets the personnel | 96576 |
| qualifications specified in 42 C.F.R. 484.4 for home health aides | 96577 |
| or has successfully completed at least one of the following: | 96578 |
| (a) A competency evaluation program or training and | 96579 |
| competency evaluation program approved or conducted by the | 96580 |
| director of health under section 3721.31 of the Revised Code; | 96581 |
| (b) A training program approved by the department of job and | 96582 |
| family services that includes training in at least all of the | 96583 |
| following and provides training equivalent to a training and | 96584 |
| competency evaluation program specified in division (B)(1)(a) of | 96585 |
| this section or meets the requirements of 42 C.F.R. 484.36(a): | 96586 |
| (i) Basic home safety; | 96587 |
| (ii) Universal precautions for the prevention of disease | 96588 |
| transmission, including hand-washing and proper disposal of bodily | 96589 |
| waste and medical instruments that are sharp or may produce sharp | 96590 |
| pieces if broken; | 96591 |
| (iii) Personal care aide services; | 96592 |
| (iv) The labeling, counting, and storage requirements for | 96593 |
| schedule II, III, IV, and V medications. | 96594 |
| (2) That the individual has obtained a certificate of | 96595 |
| completion of a course in first aid from a first aid course to | 96596 |
| which all of the following apply: | 96597 |
| (a) It is not provided solely through the internet. | 96598 |
| (b) It includes hands-on training provided by a first aid | 96599 |
| instructor who is qualified to provide such training according to | 96600 |
| standards set in rules adopted under section 5111.8811 of the | 96601 |
| Revised Code. | 96602 |
| (c) It requires the individual to demonstrate successfully | 96603 |
| that the individual has learned the first aid taught in the | 96604 |
| course. | 96605 |
| (3) That the individual meets any other requirements for the | 96606 |
| medicaid provider agreement specified in rules adopted under | 96607 |
| section 5111.8811 of the Revised Code. | 96608 |
| Sec. 5111.882. A home care attendant shall complete not less | 96609 |
| than twelve hours of in-service continuing education regarding | 96610 |
| home care attendant services each year and provide the director | 96611 |
| of job and family services evidence satisfactory to the director | 96612 |
| that the attendant satisfied this requirement. The evidence shall | 96613 |
| be submitted to the director not later than the annual anniversary | 96614 |
| of the issuance of the home care attendant's initial medicaid | 96615 |
| provider agreement. | 96616 |
| Sec. 5111.883. A home care attendant shall do all of the | 96617 |
| following: | 96618 |
| (A) Maintain a clinical record for each consumer to whom the | 96619 |
| attendant provides home care attendant services in a manner that | 96620 |
| protects the consumer's privacy; | 96621 |
| (B) Participate in a face-to-face visit every ninety days | 96622 |
| with all of the following to monitor the health and welfare of | 96623 |
| each of the consumers to whom the attendant provides home care | 96624 |
| attendant services: | 96625 |
| (1) The consumer; | 96626 |
| (2) The consumer's authorized representative, if any; | 96627 |
| (3) A registered nurse who agrees to answer any questions | 96628 |
| that the attendant, consumer, or authorized representative has | 96629 |
| about consumer care needs, medications, and other issues. | 96630 |
| (C) Document the activities of each visit required by | 96631 |
| division (B) of this section in the consumer's clinical record | 96632 |
| with the assistance of the registered nurse. | 96633 |
| Sec. 5111.884. (A) A home care attendant may assist a | 96634 |
| consumer with nursing tasks or self-administration of medication | 96635 |
| only after the attendant does both of the following: | 96636 |
| (1) Subject to division (B) of this section, completes | 96637 |
| consumer-specific training in how to provide the assistance that | 96638 |
| the authorizing health care professional authorizes the attendant | 96639 |
| to provide to the consumer; | 96640 |
| (2) At the request of the consumer, consumer's authorized | 96641 |
| representative, or authorizing health care professional, | 96642 |
| successfully demonstrates that the attendant has learned how to | 96643 |
| provide the authorized assistance to the consumer. | 96644 |
| (B) The training required by division (A)(1) of this section | 96645 |
| shall be provided by either of the following: | 96646 |
| (1) The authorizing health care professional; | 96647 |
| (2) The consumer or consumer's authorized representative in | 96648 |
| cooperation with the authorizing health care professional. | 96649 |
| Sec. 5111.885. A home care attendant shall comply with both | 96650 |
| of the following when assisting a consumer with nursing tasks or | 96651 |
| self-administration of medication: | 96652 |
| (A) The written consent of the consumer or consumer's | 96653 |
| authorized representative provided to the director of job and | 96654 |
| family services under section 5111.886 of the Revised Code; | 96655 |
| (B) The authorizing health care professional's written | 96656 |
| authorization provided to the director under section 5111.887 of | 96657 |
| the Revised Code. | 96658 |
| Sec. 5111.886. To consent to a home care attendant assisting | 96659 |
| a consumer with nursing tasks or self-administration of | 96660 |
| medication, the consumer or consumer's authorized representative | 96661 |
| shall provide the director of job and family services a written | 96662 |
| statement signed by the consumer or authorized representative | 96663 |
| under which the consumer or authorized representative consents to | 96664 |
| both of the following: | 96665 |
| (A) Having the attendant assist the consumer with nursing | 96666 |
| tasks or self-administration of medication; | 96667 |
| (B) Assuming responsibility for directing the attendant when | 96668 |
| the attendant assists the consumer with nursing tasks or | 96669 |
| self-administration of medication. | 96670 |
| Sec. 5111.887. To authorize a home care attendant to assist | 96671 |
| a consumer with nursing tasks or self-administration of | 96672 |
| medication, a health care professional shall provide the director | 96673 |
| of job and family services a written statement signed by the | 96674 |
| health care professional that includes all of the following: | 96675 |
| (A) The consumer's name and address; | 96676 |
| (B) A description of the nursing tasks or self-administration | 96677 |
| of medication with which the attendant is to assist the consumer, | 96678 |
| including, in the case of assistance with self-administration of | 96679 |
| medication, the name and dosage of the medication; | 96680 |
| (C) The times or intervals when the attendant is to assist | 96681 |
| the consumer with the self-administration of each dosage of the | 96682 |
| medication or nursing tasks; | 96683 |
| (D) The dates the attendant is to begin and cease providing | 96684 |
| the assistance; | 96685 |
| (E) A list of severe adverse reactions the attendant must | 96686 |
| report to the health care professional should the consumer | 96687 |
| experience one or more of the reactions; | 96688 |
| (F) At least one telephone number at which the attendant can | 96689 |
| reach the health care professional in an emergency; | 96690 |
| (G) Instructions the attendant is to follow when assisting | 96691 |
| the consumer with nursing tasks or self-administration of | 96692 |
| medication, including instructions for maintaining sterile | 96693 |
| conditions and for storage of task-related equipment and supplies; | 96694 |
| (H) The health care professional's attestation of both of the | 96695 |
| following: | 96696 |
| (1) That the consumer or consumer's authorized representative | 96697 |
| has demonstrated to the health care professional the ability to | 96698 |
| direct the attendant; | 96699 |
| (2) That the attendant has demonstrated to the health care | 96700 |
| professional the ability to provide the consumer assistance with | 96701 |
| nursing tasks or self-administration of medication that the health | 96702 |
| care professional has specifically authorized the attendant to | 96703 |
| provide and that the consumer or consumer's authorized | 96704 |
| representative has indicated to the health care professional that | 96705 |
| the consumer or authorized representative is satisfied with the | 96706 |
| attendant's demonstration. | 96707 |
| Sec. 5111.888. When authorizing a home care attendant to | 96708 |
| assist a consumer with nursing tasks or self-administration of | 96709 |
| medication a health care professional may not authorize a home | 96710 |
| care attendant to do any of the following: | 96711 |
| (A) Perform a task that is outside of the health care | 96712 |
| professional's scope of practice; | 96713 |
| (B) Assist the consumer with the self-administration of a | 96714 |
| medication, including a schedule II, schedule III, schedule IV, or | 96715 |
| schedule V drug unless both of the following apply: | 96716 |
| (1) The medication is administered orally, topically, or via | 96717 |
| a gastrostomy tube or jejunostomy tube, including through any of | 96718 |
| the following: | 96719 |
| (a) In the case of an oral medication, a metered dose | 96720 |
| inhaler; | 96721 |
| (b) In the case of a topical medication, including a | 96722 |
| transdermal medication, either of the following: | 96723 |
| (i) An eye, ear, or nose drop or spray; | 96724 |
| (ii) A vaginal or rectal suppository. | 96725 |
| (c) In the case of a gastrostomy tube or jejunostomy tube, | 96726 |
| only through a pre-programmed pump. | 96727 |
| (2) The medication is in its original container and the | 96728 |
| label attached to the container displays all of the following: | 96729 |
| (a) The consumer's full name in print; | 96730 |
| (b) The medication's dispensing date, which must not be more | 96731 |
| than twelve months before the date the attendant assists the | 96732 |
| consumer with self-administration of the medication; | 96733 |
| (c) The exact dosage and means of administration that match | 96734 |
| the health care professional's authorization to the attendant. | 96735 |
| (C) Assist the consumer with the self-administration of a | 96736 |
| schedule II, schedule III, schedule IV, or schedule V medication | 96737 |
| unless, in addition to meeting the requirements of division (B) of | 96738 |
| this section, all of the following apply: | 96739 |
| (1) The medication has a warning label on its container. | 96740 |
| (2) The attendant counts the medication in the consumer's or | 96741 |
| authorized representative's presence when the medication is | 96742 |
| administered to the consumer and records the count on a form used | 96743 |
| for the count as specified in rules adopted under section | 96744 |
| 5111.8811 of the Revised Code. | 96745 |
| (3) The attendant recounts the medication in the consumer's | 96746 |
| or authorized representative's presence at least monthly and | 96747 |
| reconciles the recount on a log located in the consumer's | 96748 |
| clinical record. | 96749 |
| (4) The medication is stored separately from all other | 96750 |
| medications and is secured and locked at all times when not being | 96751 |
| administered to the consumer to prevent unauthorized access. | 96752 |
| (D) Perform an intramuscular injection; | 96753 |
| (E) Perform a subcutaneous injection unless it is for a | 96754 |
| routine dose of insulin; | 96755 |
| (F) Program a pump used to deliver a medication unless the | 96756 |
| pump is used to deliver a routine dose of insulin; | 96757 |
| (G) Insert, remove, or discontinue an intravenous access | 96758 |
| device; | 96759 |
| (H) Engage in intravenous medication administration; | 96760 |
| (I) Insert or initiate an infusion therapy; | 96761 |
| (J) Perform a central line dressing change. | 96762 |
| Sec. 5111.889. A home care attendant who provides home care | 96763 |
| attendant services to a consumer in accordance with the | 96764 |
| authorizing health care professional's authorization does not | 96765 |
| engage in the practice of nursing as a registered nurse or in the | 96766 |
| practice of nursing as a licensed practical nurse in violation of | 96767 |
| section 4723.03 of the Revised Code. | 96768 |
| A consumer or the consumer's authorized representative shall | 96769 |
| report to the director of job and family services if a home care | 96770 |
| attendant engages in the practice of nursing as a registered nurse | 96771 |
| or the practice of nursing as a licensed practical nurse beyond | 96772 |
| the authorizing health care professional's authorization. The | 96773 |
| director shall forward a copy of each report to the board of | 96774 |
| nursing. | 96775 |
| Sec. 5111.8810. A consumer who is an adult may select an | 96776 |
| individual to act on the consumer's behalf for purposes regarding | 96777 |
| home care attendant services by submitting a written notice of the | 96778 |
| consumer's selection of an authorized representative to the | 96779 |
| director of job and family services. The notice shall | 96780 |
| specifically identify the individual the consumer selects as | 96781 |
| authorized representative and may limit what the authorized | 96782 |
| representative may do on the consumer's behalf regarding home | 96783 |
| care attendant services. A consumer may not select the consumer's | 96784 |
| home care attendant to be the consumer's authorized | 96785 |
| representative. | 96786 |
| Sec. 5111.8811. The director of job and family services shall | 96787 |
| adopt rules under section 5111.85 of the Revised Code as necessary | 96788 |
| for the implementation of sections 5111.88 to 5111.8810 of the | 96789 |
| Revised Code. The rules shall be consistent with federal and state | 96790 |
| law. | 96791 |
| Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 | 96792 |
| of the Revised Code: | 96793 |
| "Area agency on aging" has the same meaning as in section | 96794 |
| 173.14 of the Revised Code. | 96795 |
| "Assisted living program" means the | 96796 |
| 96797 | |
| program created under
this section | 96798 |
| "Assisted living services" means the following home and | 96799 |
| community-based services: personal care, homemaker, chore, | 96800 |
| attendant care, companion, medication oversight, and therapeutic | 96801 |
| social and recreational programming. | 96802 |
| "County or district home" means a county or district home | 96803 |
| operated under Chapter 5155. of the Revised Code. | 96804 |
| "Long-term care consultation program" means the program the | 96805 |
| department of aging is required to develop under section 173.42 of | 96806 |
| the Revised Code. | 96807 |
| "Long-term care consultation program administrator" or | 96808 |
| "administrator" means the department of aging or, if the | 96809 |
| department contracts with an area agency on aging or other entity | 96810 |
| to administer the long-term care consultation program for a | 96811 |
| particular area, that agency or entity. | 96812 |
| "Medicaid waiver component" has the same meaning as in | 96813 |
| section 5111.85 of the Revised Code. | 96814 |
| "Nursing facility" has the same meaning as in section 5111.20 | 96815 |
| of the Revised Code. | 96816 |
| "Residential care facility" has the same meaning as in | 96817 |
| section 3721.01 of the Revised Code. | 96818 |
| "State administrative agency" means the department of job and | 96819 |
| family services if the department of job and family services | 96820 |
| administers the assisted living program or the department of aging | 96821 |
| if the department of aging administers the assisted living | 96822 |
| program. | 96823 |
| (B) | 96824 |
| 96825 | |
| 96826 | |
| 96827 | |
| 96828 | |
| hereby created the assisted living program. The program shall | 96829 |
|
provide assisted
living services | 96830 |
| 96831 | |
| eligibility requirements established under section 5111.891 of | 96832 |
| the Revised Code. The program may not serve more individuals | 96833 |
| than the number that is set by the United States secretary of | 96834 |
| health and human services when the medicaid waiver authorizing the | 96835 |
| program is approved. The program shall be operated as a separate | 96836 |
| medicaid waiver component until the United States secretary | 96837 |
| approves the consolidated federal medicaid waiver sought under | 96838 |
| section 5111.861 of the Revised Code. The program shall be part of | 96839 |
| the consolidated federal medicaid waiver sought under that section | 96840 |
| if the United States secretary approves the waiver. | 96841 |
| If the | 96842 |
| 96843 | |
| the contract, the department of job and family services shall | 96844 |
| enter into a contract with the department of aging under section | 96845 |
| 5111.91 of the Revised Code that provides for the department of | 96846 |
| aging to administer the assisted living program. The contract | 96847 |
| shall include an estimate of the program's costs. | 96848 |
| The director of job and family services may adopt rules under | 96849 |
| section 5111.85 of the Revised Code regarding the assisted living | 96850 |
| program. The director of aging may adopt rules under Chapter 119. | 96851 |
| of the Revised Code regarding the program that the rules adopted | 96852 |
| by the director of job and family services authorize the director | 96853 |
| of aging to adopt. | 96854 |
| Sec. 5111.891. To be eligible for the assisted living | 96855 |
| program, an individual must meet all of the following | 96856 |
| requirements: | 96857 |
| (A) Need an intermediate level of care as determined under | 96858 |
| rule 5101:3-3-06 of the Administrative Code; | 96859 |
| (B) At the time the individual applies for the assisted | 96860 |
| living program, be one of the following: | 96861 |
| (1) A nursing facility resident who is seeking to move to a | 96862 |
| residential care facility and would remain in a nursing facility | 96863 |
| for long term care if not for the assisted living program; | 96864 |
| (2) A participant of any of the following medicaid waiver | 96865 |
| components who would move to a nursing facility if not for the | 96866 |
| assisted living program: | 96867 |
| (a) The PASSPORT program created under section 173.40 of the | 96868 |
| Revised Code; | 96869 |
| (b) The | 96870 |
| 96871 | |
| 173.402 of the Revised Code; | 96872 |
| (c) A medicaid waiver component that the department of job | 96873 |
| and family services administers. | 96874 |
| (3) A resident of a residential care facility who has resided | 96875 |
| in a residential care facility for at least six months immediately | 96876 |
| before the date the individual applies for the assisted living | 96877 |
| program. | 96878 |
| (C) At the time the individual receives assisted living | 96879 |
| services under the assisted living program, reside in a | 96880 |
| residential care facility that is authorized by a valid medicaid | 96881 |
| provider agreement to participate in the assisted living program, | 96882 |
| including both of the following: | 96883 |
| (1) A residential care facility that is owned or operated by | 96884 |
| a metropolitan housing authority that has a contract with the | 96885 |
| United States department of housing and urban development to | 96886 |
| receive an operating subsidy or rental assistance for the | 96887 |
| residents of the facility; | 96888 |
| (2) A county or district home licensed as a residential care | 96889 |
| facility. | 96890 |
| (D) Meet all other eligibility requirements for the assisted | 96891 |
| living program established in rules adopted under section 5111.85 | 96892 |
| of the Revised Code. | 96893 |
| Sec. 5111.894. The state administrative agency may | 96894 |
| establish one or more waiting lists for the assisted living | 96895 |
| program. Only individuals eligible for the medicaid program may be | 96896 |
| placed on a waiting list. | 96897 |
| Each month, each area agency on aging shall determine | 96898 |
| whether any individual who resides in the area that the area | 96899 |
| agency on aging serves and is on a waiting list for the assisted | 96900 |
| living program has been admitted to a nursing facility. If an | 96901 |
| area agency on aging determines that such an individual has been | 96902 |
| admitted to a nursing facility and that there is a vacancy in a | 96903 |
| residential care facility participating in the assisted living | 96904 |
| program that is acceptable to the individual, the agency shall | 96905 |
| notify the long-term care consultation program administrator | 96906 |
| serving the area in which the individual resides about the | 96907 |
| determination. The administrator shall determine whether the | 96908 |
| assisted living program is appropriate for the individual and | 96909 |
| whether the individual would rather participate in the assisted | 96910 |
| living program than continue residing in the nursing facility. | 96911 |
| If the administrator determines that the assisted living program | 96912 |
| is appropriate for the individual and the individual would | 96913 |
| rather participate in the assisted living program than continue | 96914 |
| residing in the nursing facility, the administrator shall so | 96915 |
| notify the state administrative agency. | 96916 |
| On receipt of the notice from the administrator, the state | 96917 |
| administrative agency shall approve the individual's enrollment in | 96918 |
| the assisted living program regardless of any waiting list for the | 96919 |
| assisted living program, unless the enrollment would cause the | 96920 |
|
assisted living program to exceed | 96921 |
|
individuals who may participate in the program as set by | 96922 |
| 96923 | |
| health and human services when the medicaid waiver authorizing | 96924 |
| the program is approved. Each quarter, the state administrative | 96925 |
| agency shall certify to the director of budget and management | 96926 |
| the estimated increase in costs of the assisted living program | 96927 |
| resulting from enrollment of individuals in the assisted living | 96928 |
| program pursuant to this section. | 96929 |
| | 96930 |
| 96931 | |
| 96932 | |
| 96933 | |
| 96934 |
| Sec. 5111.971. (A) As used in this section, "long-term care | 96935 |
| medicaid waiver component" means any of the following: | 96936 |
| (1) The PASSPORT program created under section 173.40 of the | 96937 |
| Revised Code; | 96938 |
| (2) The | 96939 |
| 96940 | |
| 173.402 of the Revised Code; | 96941 |
| (3) A medicaid waiver component that the department of job | 96942 |
| and family services administers. | 96943 |
| (B) The director of job and family services shall submit a | 96944 |
| request to the United States secretary of health and human | 96945 |
| services for a waiver of federal medicaid requirements that would | 96946 |
| be otherwise violated in the creation of a pilot program under | 96947 |
| which not more than two hundred individuals who meet the pilot | 96948 |
| program's eligibility requirements specified in division (D) of | 96949 |
| this section receive a spending authorization to pay for the cost | 96950 |
| of medically necessary home and community-based services that the | 96951 |
| pilot program covers. The spending authorization shall be in an | 96952 |
| amount not exceeding seventy per cent of the average cost under | 96953 |
| the medicaid program for providing nursing facility services to an | 96954 |
| individual. An individual participating in the pilot program shall | 96955 |
| also receive necessary support services, including fiscal | 96956 |
| intermediary and other case management services, that the pilot | 96957 |
| program covers. | 96958 |
| (C) If the United States secretary of health and human | 96959 |
| services approves the waiver submitted under division (B) of this | 96960 |
| section, the department of job and family services shall enter | 96961 |
| into a contract with the department of aging under section 5111.91 | 96962 |
| of the Revised Code that provides for the department of aging to | 96963 |
| administer the pilot program that the waiver authorizes. | 96964 |
| (D) To be eligible to participate in the pilot program | 96965 |
| created under division (B) of this section, an individual must | 96966 |
| meet all of the following requirements: | 96967 |
| (1) Need an intermediate level of care as determined under | 96968 |
| rule 5101:3-3-06 of the Administrative Code or a skilled level of | 96969 |
| care as determined under rule 5101:3-3-05 of the Administrative | 96970 |
| Code; | 96971 |
| (2) At the time the individual applies to participate in the | 96972 |
| pilot program, be one of the following: | 96973 |
| (a) A nursing facility resident who would remain in a nursing | 96974 |
| facility if not for the pilot program; | 96975 |
| (b) A participant of any long-term care medicaid waiver | 96976 |
| component who would move to a nursing facility if not for the | 96977 |
| pilot program. | 96978 |
| (3) Meet all other eligibility requirements for the pilot | 96979 |
| program established in rules adopted under section 5111.85 of the | 96980 |
| Revised Code. | 96981 |
| (E) The director of job and family services may adopt rules | 96982 |
| under section 5111.85 of the Revised Code as the director | 96983 |
| considers necessary to implement the pilot program created under | 96984 |
| division (B) of this section. The director of aging may adopt | 96985 |
| rules under Chapter 119. of the Revised Code as the director | 96986 |
| considers necessary for the pilot program's implementation. The | 96987 |
| rules may establish a list of medicaid-covered services not | 96988 |
| covered by the pilot program that an individual participating in | 96989 |
| the pilot program may not receive if the individual also receives | 96990 |
| medicaid-covered services outside of the pilot program. | 96991 |
| Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the | 96992 |
| Revised Code: | 96993 |
| (A) "Intermediate care facility for the mentally retarded" | 96994 |
|
has the
same meaning as
in section 5111.20 of the Revised Code | 96995 |
| 96996 | |
| 96997 |
| (B) "Medicaid" has the same meaning as in section 5111.01 of | 96998 |
| the Revised Code. | 96999 |
| Sec. 5112.31. The department of job and family services | 97000 |
| shall do all of the following: | 97001 |
| (A) For the purposes specified in sections 5112.37 | 97002 |
| 5112.371, and 5112.372 of the Revised Code, annually assess each | 97003 |
| intermediate care facility for the mentally retarded a franchise | 97004 |
|
permit fee
equal to | 97005 |
| twenty-five cents multiplied by the product of the following: | 97006 |
| (1) The number of beds certified under Title XIX of the | 97007 |
| "Social Security Act" on the first day of May of the calendar year | 97008 |
| in which the assessment is determined pursuant to division (A) of | 97009 |
| section 5112.33 of the Revised Code; | 97010 |
| (2) The number of days in the fiscal year beginning on the | 97011 |
| first day of July of the same calendar year. | 97012 |
| (B) Beginning July 1, | 97013 |
| July thereafter, adjust fees determined under division (A) of | 97014 |
| this section in accordance with the composite inflation factor | 97015 |
| established in rules adopted under section 5112.39 of the Revised | 97016 |
| Code. | 97017 |
| (C) If the United States secretary of health and human | 97018 |
| services determines that the franchise permit fee established by | 97019 |
| sections 5112.30 to 5112.39 of the Revised Code would be an | 97020 |
| impermissible health care-related tax under section 1903(w) of the | 97021 |
| "Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all | 97022 |
| necessary actions to cease implementation of those sections in | 97023 |
| accordance with rules adopted under section 5112.39 of the Revised | 97024 |
| Code. | 97025 |
| Sec. 5112.37. There is hereby created in the state treasury | 97026 |
| the home and community-based services for the mentally retarded | 97027 |
|
and developmentally disabled fund. | 97028 |
| 97029 | |
| payments and penalties paid by an intermediate care facility | 97030 |
| for the mentally retarded under sections 5112.33 and 5112.34 of | 97031 |
| the Revised Code for state fiscal year 2010 shall be deposited | 97032 |
| into the fund. Seventy and sixty-seven hundredths per cent of all | 97033 |
| installment payments and penalties paid by an intermediate care | 97034 |
| facility for the mentally retarded under sections 5112.33 and | 97035 |
| 5112.34 of the Revised Code for state fiscal year 2011 and | 97036 |
| thereafter shall be deposited into the fund. The department of | 97037 |
| job and family services shall distribute the money in the fund | 97038 |
| in accordance with rules adopted under section 5112.39 of the | 97039 |
| Revised Code. The departments of job and family services and | 97040 |
| mental retardation and developmental disabilities shall use the | 97041 |
| money for the medicaid program established under Chapter 5111. | 97042 |
| of the Revised Code and home and community-based services to | 97043 |
| mentally retarded and developmentally disabled persons. | 97044 |
| Sec. 5112.371. There is hereby created in the state treasury | 97045 |
|
the children with intensive behavioral needs programs fund. | 97046 |
| Three
and | 97047 |
| installment payments and penalties paid by an intermediate care | 97048 |
| facility for the mentally retarded under sections 5112.33 and | 97049 |
| 5112.34 of the Revised Code for state fiscal year 2010 shall be | 97050 |
| deposited in the fund. Three and fifty-seven hundredths per cent | 97051 |
| of all installment payments and penalties paid by an intermediate | 97052 |
| care facility for the mentally retarded under sections 5112.33 and | 97053 |
| 5112.34 of the Revised Code for state fiscal year 2011 and | 97054 |
| thereafter shall be deposited into the fund. The money in the | 97055 |
| fund shall be used for the programs the director of mental | 97056 |
| retardation and developmental disabilities establishes under | 97057 |
| section 5123.0417 of the Revised Code. | 97058 |
| Sec. 5112.372. There is hereby created in the state treasury | 97059 |
| the ODMR/DD operating and services fund. Twenty-one and | 97060 |
| thirty-three hundredths per cent of all installment payments and | 97061 |
| penalties paid by an intermediate care facility for the mentally | 97062 |
| retarded under sections 5112.33 and 5112.34 of the Revised Code | 97063 |
| for state fiscal year 2010 shall be deposited into the fund. | 97064 |
| Twenty-five and seventy-six hundredths per cent of all installment | 97065 |
| payments and penalties paid by an intermediate care facility for | 97066 |
| the mentally retarded under sections 5112.33 and 5112.34 of the | 97067 |
| Revised Code for state fiscal year 2011 and thereafter shall be | 97068 |
| deposited into the fund. The money in the fund shall be used for | 97069 |
| the expenses of the programs that the department of mental | 97070 |
| retardation and developmental disabilities administers and the | 97071 |
| department's administrative expenses. | 97072 |
| Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the | 97073 |
| Revised Code: | 97074 |
| (A) "Assessment program year" means the twelve-month period | 97075 |
| beginning the first day of October of a calendar year and ending | 97076 |
| the last day of September of the following calendar year. | 97077 |
| (B) "Cost reporting period" means the period of time used by | 97078 |
| a hospital in reporting costs for purposes of the medicare | 97079 |
| program. | 97080 |
| (C) "Federal fiscal year" means the twelve-month period | 97081 |
| beginning the first day of October of a calendar year and ending | 97082 |
| the last day of September of the following calendar year. | 97083 |
| (D) "Hospital" means a nonfederal hospital to which any of | 97084 |
| the following applies: | 97085 |
| (1) The hospital is registered under section 3701.07 of the | 97086 |
| Revised Code as a general medical and surgical hospital or a | 97087 |
| pediatric general hospital and provides inpatient hospital | 97088 |
| services, as defined in 42 C.F.R. 440.10. | 97089 |
| (2) The hospital is recognized under the medicare program as | 97090 |
| a cancer hospital and is exempt from the medicare prospective | 97091 |
| payment system. | 97092 |
| (3) The hospital is a psychiatric hospital licensed under | 97093 |
| section 5119.20 of the Revised Code. | 97094 |
| (E) "Hospital care assurance program" means the program | 97095 |
| established under sections 5112.01 to 5112.21 of the Revised Code. | 97096 |
| (F) "Medicaid" has the same meaning as in section 5111.01 of | 97097 |
| the Revised Code. | 97098 |
| (G) "Medicare" means the program established under Title | 97099 |
| XVIII of the Social Security Act. | 97100 |
| (H) "State fiscal year" means the twelve-month period | 97101 |
| beginning the first day of July of a calendar year and ending the | 97102 |
| last day of June of the following calendar year. | 97103 |
| (I)(1) Except as provided in divisions (I)(2) and (3) of this | 97104 |
| section, "total facility costs" means the total costs to a | 97105 |
| hospital for all care provided to all patients, including the | 97106 |
| direct, indirect, and overhead costs to the hospital of all | 97107 |
| services, supplies, equipment, and capital related to the care of | 97108 |
| patients, regardless of whether patients are enrolled in a health | 97109 |
| insuring corporation. | 97110 |
| (2) "Total facility costs" excludes all of the following of a | 97111 |
| hospital's costs as shown on the cost-reporting data used for | 97112 |
| purposes of determining the hospital's assessment under section | 97113 |
| 5112.41 of the Revised Code: | 97114 |
| (a) Skilled nursing services provided in distinct-part | 97115 |
| nursing facility units; | 97116 |
| (b) Home health services; | 97117 |
| (c) Hospice services; | 97118 |
| (d) Ambulance services; | 97119 |
| (e) Renting durable medical equipment; | 97120 |
| (f) Buying durable medical equipment. | 97121 |
| (3) "Total facility costs" excludes any costs excluded from a | 97122 |
| hospital's total facility costs pursuant to rules, if any, adopted | 97123 |
| under division (B) of section 5112.46 of the Revised Code. | 97124 |
| Sec. 5112.41. (A) For the purposes specified in section | 97125 |
| 5112.45 of the Revised Code and subject to section 5112.48 of the | 97126 |
| Revised Code, there is hereby imposed an assessment on all | 97127 |
| hospitals each assessment program year. The amount of a hospital's | 97128 |
| assessment for an assessment program year shall equal the | 97129 |
| percentage specified in division (B) of this section of the | 97130 |
| hospital's total facility costs for the period of time specified | 97131 |
| in division (C) of this section. The amount of a hospital's total | 97132 |
| facility costs shall be derived from cost-reporting data for the | 97133 |
| hospital submitted to the department of job and family services | 97134 |
| for purposes of the hospital care assurance program. The | 97135 |
| cost-reporting data used to determine a hospital's assessment is | 97136 |
| subject to the same type of adjustments made to the data under the | 97137 |
| hospital care assurance program. | 97138 |
| (B) The percentage specified in this division is the | 97139 |
| following: | 97140 |
| (1) For the first assessment program year beginning after the | 97141 |
| effective date of this section, one and fifty-two hundredths per | 97142 |
| cent; | 97143 |
| (2) For the second assessment program year after the | 97144 |
| effective date of this section and each successive assessment | 97145 |
| program year, one and sixty-one hundredths per cent. | 97146 |
| (C) The period of time specified in this division is the | 97147 |
| hospital's cost reporting period that ends in the state fiscal | 97148 |
| year that ends in the federal fiscal year that precedes the | 97149 |
| federal fiscal year that precedes the assessment program year for | 97150 |
| which the assessment is imposed. | 97151 |
| (D) The assessment imposed by this section on a hospital is | 97152 |
| in addition to the assessment imposed by section 5112.06 of the | 97153 |
| Revised Code. | 97154 |
| Sec. 5112.42. (A) Before or during each assessment program | 97155 |
| year, the department of job and family services shall mail to each | 97156 |
| hospital by certified mail, return receipt requested, the | 97157 |
| preliminary determination of the amount that the hospital is | 97158 |
| assessed under section 5112.41 of the Revised Code for the | 97159 |
| assessment program year. Except as provided in division (B) of | 97160 |
| this section, the preliminary determination becomes the final | 97161 |
| determination for the assessment program year fifteen days after | 97162 |
| the preliminary determination is mailed to the hospital. | 97163 |
| (B) A hospital may request that the department reconsider the | 97164 |
| preliminary determination mailed to the hospital under division | 97165 |
| (A) of this section by submitting to the department a written | 97166 |
| request for a reconsideration not later than fourteen days after | 97167 |
| the hospital's preliminary determination is mailed to the | 97168 |
| hospital. The request must be accompanied by written materials | 97169 |
| setting forth the basis for the reconsideration. On receipt of the | 97170 |
| timely request, the department shall reconsider the preliminary | 97171 |
| determination and may adjust the preliminary determination on the | 97172 |
| basis of the written materials accompanying the request. The | 97173 |
| result of the reconsideration is the final determination of the | 97174 |
| hospital's assessment under section 5112.41 of the Revised Code | 97175 |
| for the assessment program year. | 97176 |
| (C) The department shall mail to each hospital a written | 97177 |
| notice of the final determination of its assessment for the | 97178 |
| assessment program year. A hospital may appeal the final | 97179 |
| determination to the court of common pleas of Franklin county. | 97180 |
| While a judicial appeal is pending, the hospital shall pay, in | 97181 |
| accordance with section 5112.43 of the Revised Code, any amount of | 97182 |
| its assessment that is not in dispute. | 97183 |
| Sec. 5112.43. Each hospital shall pay the amount it is | 97184 |
| assessed under section 5112.41 of the Revised Code in three equal | 97185 |
| installments due on the fifteenth day of December, the fifteenth | 97186 |
| day of March, and the fifteenth day of June of each assessment | 97187 |
| program year unless rules adopted under section 5112.46 of the | 97188 |
| Revised Code establish a different payment schedule. | 97189 |
| Sec. 5112.44. The department of job and family services may | 97190 |
| audit a hospital to ensure that the hospital properly pays the | 97191 |
| amount it is assessed under section 5112.41 of the Revised Code. | 97192 |
| The department shall take action to recover from a hospital any | 97193 |
| amount the audit reveals that the hospital should have paid but | 97194 |
| did not pay. | 97195 |
| Sec. 5112.45. There is hereby created in the state treasury | 97196 |
| the hospital assessment fund. All installment payments made by | 97197 |
| hospitals under section 5112.43 of the Revised Code and all | 97198 |
| recoveries the department of job and family services makes under | 97199 |
| section 5112.44 of the Revised Code shall be deposited into the | 97200 |
| fund. All investment earnings of the fund shall be credited to the | 97201 |
| fund. The department shall use money in the fund to pay for the | 97202 |
| costs of the medicaid program, including the program's | 97203 |
| administrative costs. Of the amounts deposited into the fund | 97204 |
| during the first assessment program year beginning after the | 97205 |
| effective date of this section, sixteen and forty-five hundredths | 97206 |
| per cent shall be used for the hospital inpatient and outpatient | 97207 |
| supplemental upper payment limit program created under section | 97208 |
| 5112.451 of the Revised Code. Of the amounts deposited into the | 97209 |
| fund during the second assessment program year beginning after the | 97210 |
| effective date of this section and each successive assessment | 97211 |
| program year, fourteen and ninety-one hundredths per cent shall be | 97212 |
| used for the hospital inpatient and outpatient supplemental upper | 97213 |
| payment limit program. | 97214 |
| Sec. 5112.451. The director of job and family services shall | 97215 |
| submit a medicaid state plan amendment to the United States | 97216 |
| secretary of health and human services to create the hospital | 97217 |
| inpatient and outpatient supplemental upper payment limit program. | 97218 |
| If the United States secretary approves the medicaid state plan | 97219 |
| amendment, the program shall make supplemental medicaid payments | 97220 |
| to hospitals for inpatient services and outpatient services | 97221 |
| covered by medicaid with funds made available for the program | 97222 |
| under section 5112.45 of the Revised Code and federal matching | 97223 |
| funds available for the program. | 97224 |
| Sec. 5112.46. (A) The director of job and family services | 97225 |
| may adopt, amend, and rescind rules in accordance with Chapter | 97226 |
| 119. of the Revised Code as necessary to implement sections | 97227 |
| 5112.40 to 5112.48 of the Revised Code. | 97228 |
| (B) The rules adopted under this section may provide that a | 97229 |
| hospital's total facility costs for the purpose of the assessment | 97230 |
| under section 5112.41 of the Revised Code exclude any of the | 97231 |
| following: | 97232 |
| (1) A hospital's costs associated with providing care to | 97233 |
| recipients of any of the following: | 97234 |
| (a) The medicaid program; | 97235 |
| (b) The medicare program; | 97236 |
| (c) The disability financial assistance program established | 97237 |
| under Chapter 5115. of the Revised Code; | 97238 |
| (d) The disability medical assistance program established | 97239 |
| under Chapter 5115. of the Revised Code; | 97240 |
| (e) The program for medically handicapped children | 97241 |
| established under section 3701.023 of the Revised Code; | 97242 |
| (f) Services provided under the maternal and child health | 97243 |
| services block grant established under Title V of the Social | 97244 |
| Security Act. | 97245 |
| (2) Any other category of hospital costs the director deems | 97246 |
| appropriate under federal law and regulations governing the | 97247 |
| medicaid program. | 97248 |
| Sec. 5112.47. The director of job and family services shall | 97249 |
| implement the assessment imposed by section 5112.41 of the Revised | 97250 |
| Code in a manner that does not cause a reduction in federal | 97251 |
| financial participation for the medicaid program under 42 U.S.C. | 97252 |
| 1396b(w). | 97253 |
| Sec. 5112.48. If the United States secretary of health and | 97254 |
| human services determines that the assessment imposed by section | 97255 |
| 5112.41 of the Revised Code is an impermissible health | 97256 |
| care-related tax under 42 U.S.C. 1396b(w), the director of job and | 97257 |
| family services shall take all necessary actions to cease | 97258 |
| implementation of sections 5112.40 to 5112.47 of the Revised Code | 97259 |
| and shall promptly refund to each hospital the amount of money in | 97260 |
| the hospital assessment fund at the time the refund is to be made | 97261 |
| that the hospital paid under section 5112.43 of the Revised Code, | 97262 |
| plus any corresponding investment earnings on that amount. | 97263 |
| Sec. 5115.03. (A) The director of job and family services | 97264 |
| shall adopt rules in accordance with section 111.15 of the Revised | 97265 |
| Code governing the disability financial assistance program. The | 97266 |
| rules may establish or specify any or all of the following: | 97267 |
| (1) Maximum payment amounts under the disability financial | 97268 |
| assistance program, based on state appropriations for the program; | 97269 |
| (2) Limits on the length of time an individual may receive | 97270 |
| disability financial assistance; | 97271 |
| (3) Limits on the total number of individuals in the state | 97272 |
| who may receive disability financial assistance; | 97273 |
| (4) Income, resource, citizenship, age, residence, living | 97274 |
| arrangement, and other eligibility requirements for disability | 97275 |
| financial assistance; | 97276 |
| (5) Procedures for disregarding amounts of earned and | 97277 |
| unearned income for the purpose of determining eligibility for | 97278 |
| disability financial assistance and the amount of assistance to be | 97279 |
| provided; | 97280 |
| (6) Procedures for including the income and resources, or a | 97281 |
| certain amount of the income and resources, of a member of an | 97282 |
| individual's family when determining eligibility for disability | 97283 |
| financial assistance and the amount of assistance to be provided. | 97284 |
| (B) In establishing or specifying eligibility requirements | 97285 |
| for disability financial assistance, the director shall exclude | 97286 |
| the value of any tuition payment contract entered into under | 97287 |
| section 3334.09 of the Revised Code or any scholarship awarded | 97288 |
| under section 3334.18 of the Revised Code and the amount of | 97289 |
|
payments made | 97290 |
| 3334.09 of the Revised Code pursuant to the contract or | 97291 |
| scholarship. The director shall not require any individual to | 97292 |
| terminate a tuition payment contract entered into under Chapter | 97293 |
| 3334. of the Revised Code as a condition of eligibility for | 97294 |
| disability financial assistance. The director shall consider as | 97295 |
| income any refund paid under section 3334.10 of the Revised Code. | 97296 |
| (C) Notwithstanding section 3109.01 of the Revised Code, when | 97297 |
| a disability financial assistance applicant or recipient who is at | 97298 |
| least eighteen but under twenty-two years of age resides with the | 97299 |
| applicant's or recipient's parents, the income of the parents | 97300 |
| shall be taken into account in determining the applicant's or | 97301 |
| recipient's financial eligibility. In the rules adopted under this | 97302 |
| section, the director shall specify procedures for determining the | 97303 |
| amount of income to be attributed to applicants and recipients in | 97304 |
| this age category. | 97305 |
| (D) For purposes of limiting the cost of the disability | 97306 |
| financial assistance program, the director may do either or both | 97307 |
| of the following: | 97308 |
| (1) Adopt rules in accordance with section 111.15 of the | 97309 |
| Revised Code that revise the program's eligibility requirements, | 97310 |
| the maximum payment amounts, or any other requirement or standard | 97311 |
| established or specified in the rules adopted by the director; | 97312 |
| (2) Suspend acceptance of applications for disability | 97313 |
| financial assistance. While a suspension is in effect, no person | 97314 |
| shall receive a determination or redetermination of eligibility | 97315 |
| for disability financial assistance unless the person was | 97316 |
| receiving the assistance during the month immediately preceding | 97317 |
| the suspension's effective date or the person submitted an | 97318 |
| application prior to the suspension's effective date and receives | 97319 |
| a determination of eligibility based on that application. The | 97320 |
| director may adopt rules in accordance with section 111.15 of the | 97321 |
| Revised Code establishing requirements and specifying procedures | 97322 |
| applicable to the suspension of acceptance of applications. | 97323 |
| Sec. 5119.16. As used in this section, "free clinic" has the | 97324 |
| same meaning as in section 2305.2341 of the Revised Code. | 97325 |
| (A) The department of mental health | 97326 |
| may provide certain goods and services for the department of | 97327 |
| mental health, the department of mental retardation and | 97328 |
| developmental disabilities, the department of rehabilitation and | 97329 |
| correction, the department of youth services, and other state, | 97330 |
| county, or municipal agencies requesting such goods and services | 97331 |
| when the department of mental health determines that it is in the | 97332 |
| public interest, and considers it advisable, to provide these | 97333 |
| goods and services. The department of mental health also may | 97334 |
| provide goods and services to agencies operated by the United | 97335 |
| States government and to public or private nonprofit agencies, | 97336 |
| other than free clinics, that are funded in whole or in part by | 97337 |
| the state if the public or private nonprofit agencies are | 97338 |
| designated for participation in this program by the director of | 97339 |
| mental health for community mental health agencies, the director | 97340 |
| of mental retardation and developmental disabilities for community | 97341 |
| mental retardation and developmental disabilities agencies, the | 97342 |
| director of rehabilitation and correction for community | 97343 |
| rehabilitation and correction agencies, or the director of youth | 97344 |
| services for community youth services agencies. | 97345 |
| Designated community agencies shall receive goods and | 97346 |
| services through the department of mental health only in those | 97347 |
| cases where the designating state agency certifies that providing | 97348 |
| such goods and services to the agency will conserve public | 97349 |
| resources to the benefit of the public and where the provision of | 97350 |
| such goods and services is considered feasible by the department | 97351 |
| of mental health. | 97352 |
| (B) The department of mental health may permit free clinics | 97353 |
| to purchase certain goods and services to the extent the purchases | 97354 |
| fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13 | 97355 |
|
et seq., applicable to | 97356 |
| U.S.C. 13c, as amended. | 97357 |
| (C) The goods and services | 97358 |
| department of mental health under divisions (A) and (B) of this | 97359 |
| section may include: | 97360 |
| (1) Procurement, storage, processing, and distribution of | 97361 |
| food and professional consultation on food operations; | 97362 |
| (2) Procurement, storage, and distribution of medical and | 97363 |
| laboratory supplies, dental supplies, medical records, forms, | 97364 |
|
optical supplies, and sundries | 97365 |
| 97366 |
| (3) Procurement, storage, repackaging, distribution, and | 97367 |
| dispensing of drugs, the provision of professional pharmacy | 97368 |
| consultation, and drug information services; | 97369 |
| (4) Other goods and services | 97370 |
| (D) The department of mental health | 97371 |
| goods and services designated in division (C) of this section to | 97372 |
| its institutions and to state-operated community-based mental | 97373 |
| health services. | 97374 |
| (E) After consultation with and advice from the director of | 97375 |
| mental retardation and developmental disabilities, the director of | 97376 |
| rehabilitation and correction, and the director of youth services, | 97377 |
|
the department of mental health | 97378 |
| services designated in division (C) of this section to the | 97379 |
| department of mental retardation and developmental disabilities, | 97380 |
| the department of rehabilitation and correction, and the | 97381 |
| department of youth services. | 97382 |
| (F) The cost of administration of this section shall be | 97383 |
| determined by the department of mental health and paid by the | 97384 |
| agencies or free clinics receiving the goods and services to the | 97385 |
| department for deposit in the state treasury to the credit of the | 97386 |
| mental health fund, which is hereby created. The fund shall be | 97387 |
| used to pay the cost of administration of this section to the | 97388 |
| department. | 97389 |
| (G) | 97390 |
| 97391 | |
| 97392 | |
| 97393 | |
| 97394 | |
| 97395 | |
| 97396 | |
| 97397 | |
| 97398 | |
| 97399 | |
| 97400 | |
| 97401 | |
| 97402 | |
| 97403 | |
| 97404 | |
| 97405 | |
| 97406 | |
| 97407 | |
| 97408 | |
| 97409 | |
| 97410 | |
| 97411 | |
| 97412 | |
| 97413 | |
| 97414 | |
| 97415 |
| | 97416 |
| and services provided under this section within thirty-one days | 97417 |
| after the date the payment was due, the office of budget and | 97418 |
| management may transfer moneys from the state agency to the | 97419 |
| department of mental health. The amount transferred shall not | 97420 |
| exceed the amount of overdue payments. Prior to making a transfer | 97421 |
| under this division, the office of budget and management shall | 97422 |
| apply any credits the state agency has accumulated in payments for | 97423 |
| goods and services provided under this section. | 97424 |
| | 97425 |
| not subject to section 307.86 of the Revised Code. | 97426 |
| Sec. 5119.61. Any provision in this chapter that refers to a | 97427 |
| board of alcohol, drug addiction, and mental health services also | 97428 |
| refers to the community mental health board in an alcohol, drug | 97429 |
| addiction, and mental health service district that has a community | 97430 |
| mental health board. | 97431 |
| The director of mental health with respect to all facilities | 97432 |
| and programs established and operated under Chapter 340. of the | 97433 |
| Revised Code for mentally ill and emotionally disturbed persons, | 97434 |
| shall do all of the following: | 97435 |
| (A) Adopt rules pursuant to Chapter 119. of the Revised Code | 97436 |
| that may be necessary to carry out the purposes of Chapter 340. | 97437 |
| and sections 5119.61 to 5119.63 of the Revised Code. | 97438 |
| (1) The rules shall include all of the following: | 97439 |
| (a) Rules governing a community mental health agency's | 97440 |
| services under section 340.091 of the Revised Code to an | 97441 |
| individual referred to the agency under division (C)(2) of section | 97442 |
| 173.35 of the Revised Code; | 97443 |
| (b) For the purpose of division (A)(16) of section 340.03 of | 97444 |
| the Revised Code, rules governing the duties of mental health | 97445 |
| agencies and boards of alcohol, drug addiction, and mental health | 97446 |
| services under section 3722.18 of the Revised Code regarding | 97447 |
| referrals of individuals with mental illness or severe mental | 97448 |
| disability to adult care facilities and effective arrangements for | 97449 |
| ongoing mental health services for the individuals. The rules | 97450 |
| shall do at least the following: | 97451 |
| (i) Provide for agencies and boards to participate fully in | 97452 |
| the procedures owners and managers of adult care facilities must | 97453 |
|
follow under
division (A) | 97454 |
| Code; | 97455 |
| (ii) Specify the manner in which boards are accountable for | 97456 |
| ensuring that ongoing mental health services are effectively | 97457 |
| arranged for individuals with mental illness or severe mental | 97458 |
| disability who are referred by the board or mental health agency | 97459 |
| under contract with the board to an adult care facility. | 97460 |
| (c) Rules governing a board of alcohol, drug addiction, and | 97461 |
| mental health services when making a report to the director of | 97462 |
| health under section 3722.17 of the Revised Code regarding the | 97463 |
| quality of care and services provided by an adult care facility to | 97464 |
| a person with mental illness or a severe mental disability. | 97465 |
| (2) Rules may be adopted to govern the method of paying a | 97466 |
| community mental health facility, as defined in section 5111.023 | 97467 |
| of the Revised Code, for providing services listed in division (B) | 97468 |
| of that section. Such rules must be consistent with the contract | 97469 |
| entered into between the departments of job and family services | 97470 |
| and mental health under section 5111.91 of the Revised Code and | 97471 |
| include requirements ensuring appropriate service utilization. | 97472 |
| (B) Review and evaluate, and, taking into account the | 97473 |
| findings and recommendations of the board of alcohol, drug | 97474 |
| addiction, and mental health services of the district served by | 97475 |
| the program and the requirements and priorities of the state | 97476 |
| mental health plan, including the needs of residents of the | 97477 |
| district now residing in state mental institutions, approve and | 97478 |
| allocate funds to support community programs, and make | 97479 |
| recommendations for needed improvements to boards of alcohol, drug | 97480 |
| addiction, and mental health services; | 97481 |
| (C) Withhold state and federal funds for any program, in | 97482 |
| whole or in part, from a board of alcohol, drug addiction, and | 97483 |
| mental health services in the event of failure of that program to | 97484 |
| comply with Chapter 340. or section 5119.61, 5119.611, 5119.612, | 97485 |
| or 5119.62 of the Revised Code or rules of the department of | 97486 |
| mental health. The director shall identify the areas of | 97487 |
| noncompliance and the action necessary to achieve compliance. The | 97488 |
| director shall offer technical assistance to the board to achieve | 97489 |
| compliance. The director shall give the board a reasonable time | 97490 |
| within which to comply or to present its position that it is in | 97491 |
| compliance. Before withholding funds, a hearing shall be conducted | 97492 |
| to determine if there are continuing violations and that either | 97493 |
| assistance is rejected or the board is unable to achieve | 97494 |
| compliance. Subsequent to the hearing process, if it is determined | 97495 |
| that compliance has not been achieved, the director may allocate | 97496 |
| all or part of the withheld funds to a public or private agency to | 97497 |
| provide the services not in compliance until the time that there | 97498 |
| is compliance. The director shall establish rules pursuant to | 97499 |
| Chapter 119. of the Revised Code to implement this division. | 97500 |
| (D) Withhold state or federal funds from a board of alcohol, | 97501 |
| drug addiction, and mental health services that denies available | 97502 |
| service on the basis of religion, race, color, creed, sex, | 97503 |
| national origin, age, disability as defined in section 4112.01 of | 97504 |
| the Revised Code, developmental disability, or the inability to | 97505 |
| pay; | 97506 |
| (E) Provide consultative services to community mental health | 97507 |
| agencies with the knowledge and cooperation of the board of | 97508 |
| alcohol, drug addiction, and mental health services; | 97509 |
| (F) Provide to boards of alcohol, drug addiction, and mental | 97510 |
| health services state or federal funds, in addition to those | 97511 |
| allocated under section 5119.62 of the Revised Code, for special | 97512 |
| programs or projects the director considers necessary but for | 97513 |
| which local funds are not available; | 97514 |
| (G) Establish criteria by which a board of alcohol, drug | 97515 |
| addiction, and mental health services reviews and evaluates the | 97516 |
| quality, effectiveness, and efficiency of services provided | 97517 |
| through its community mental health plan. The criteria shall | 97518 |
| include requirements ensuring appropriate service utilization. The | 97519 |
| department shall assess a board's evaluation of services and the | 97520 |
| compliance of each board with this section, Chapter 340. or | 97521 |
| section 5119.62 of the Revised Code, and other state or federal | 97522 |
| law and regulations. The department, in cooperation with the | 97523 |
| board, periodically shall review and evaluate the quality, | 97524 |
| effectiveness, and efficiency of services provided through each | 97525 |
| board. The department shall collect information that is necessary | 97526 |
| to perform these functions. | 97527 |
| (H) Develop and operate a community mental health information | 97528 |
| system or systems. | 97529 |
| Boards of alcohol, drug abuse, and mental health services | 97530 |
| shall submit information requested by the department in the form | 97531 |
| and manner prescribed by the department. Information collected by | 97532 |
| the department shall include, but not be limited to, all of the | 97533 |
| following: | 97534 |
| (1) Information regarding units of services provided in whole | 97535 |
| or in part under contract with a board, including diagnosis and | 97536 |
| special needs, demographic information, the number of units of | 97537 |
| service provided, past treatment, financial status, and service | 97538 |
| dates in accordance with rules adopted by the department in | 97539 |
| accordance with Chapter 119. of the Revised Code; | 97540 |
| (2) Financial information other than price or price-related | 97541 |
| data regarding expenditures of boards and community mental health | 97542 |
| agencies, including units of service provided, budgeted and actual | 97543 |
| expenses by type, and sources of funds. | 97544 |
| Boards shall submit the information specified in division | 97545 |
| (H)(1) of this section no less frequently than annually for each | 97546 |
| client, and each time the client's case is opened or closed. The | 97547 |
|
department shall not collect any personal information | 97548 |
| 97549 | |
| 97550 | |
| 97551 | |
|
or federal law | 97552 |
| 97553 | |
| 97554 | |
| 97555 | |
| health care operations, program and service evaluation, reporting | 97556 |
| activities, research, system administration, and oversight. | 97557 |
| (I) Review each board's community mental health plan | 97558 |
| submitted pursuant to section 340.03 of the Revised Code and | 97559 |
| approve or disapprove it in whole or in part. Periodically, in | 97560 |
| consultation with representatives of boards and after considering | 97561 |
| the recommendations of the medical director, the director shall | 97562 |
| issue criteria for determining when a plan is complete, criteria | 97563 |
| for plan approval or disapproval, and provisions for conditional | 97564 |
| approval. The factors that the director considers may include, but | 97565 |
| are not limited to, the following: | 97566 |
| (1) The mental health needs of all persons residing within | 97567 |
| the board's service district, especially severely mentally | 97568 |
| disabled children, adolescents, and adults; | 97569 |
| (2) The demonstrated quality, effectiveness, efficiency, and | 97570 |
| cultural relevance of the services provided in each service | 97571 |
| district, the extent to which any services are duplicative of | 97572 |
| other available services, and whether the services meet the needs | 97573 |
| identified above; | 97574 |
| (3) The adequacy of the board's accounting for the | 97575 |
| expenditure of funds. | 97576 |
| If the director disapproves all or part of any plan, the | 97577 |
| director shall provide the board an opportunity to present its | 97578 |
| position. The director shall inform the board of the reasons for | 97579 |
| the disapproval and of the criteria that must be met before the | 97580 |
| plan may be approved. The director shall give the board a | 97581 |
| reasonable time within which to meet the criteria, and shall offer | 97582 |
| technical assistance to the board to help it meet the criteria. | 97583 |
| If the approval of a plan remains in dispute thirty days | 97584 |
| prior to the conclusion of the fiscal year in which the board's | 97585 |
| current plan is scheduled to expire, the board or the director may | 97586 |
| request that the dispute be submitted to a mutually agreed upon | 97587 |
| third-party mediator with the cost to be shared by the board and | 97588 |
| the department. The mediator shall issue to the board and the | 97589 |
| department recommendations for resolution of the dispute. Prior to | 97590 |
| the conclusion of the fiscal year in which the current plan is | 97591 |
| scheduled to expire, the director, taking into consideration the | 97592 |
| recommendations of the mediator, shall make a final determination | 97593 |
| and approve or disapprove the plan, in whole or in part. | 97594 |
| Sec. 5119.613. For purposes of Chapter 3722. of the Revised | 97595 |
| Code, the director of mental health shall approve a standardized | 97596 |
| form to be used in all areas of this state by adult care | 97597 |
| facilities and boards of alcohol, drug addiction, and mental | 97598 |
| health services when entering into mental health resident program | 97599 |
| participation agreements. As part of approving the form, the | 97600 |
| director shall specify the requirements that adult care facilities | 97601 |
| must meet in order to be authorized to admit residents who are | 97602 |
| receiving or are eligible for publicly funded mental health | 97603 |
| services. | 97604 |
| Sec. 5119.621. (A)(1) When the director of mental health | 97605 |
| provides state or federal funds under section 5119.62 of the | 97606 |
| Revised Code to a board of alcohol, drug addiction, and mental | 97607 |
| health services for local management of mental health services, | 97608 |
| the director shall establish a limit on the amount or portion of | 97609 |
| the funds that may be used for administrative purposes and | 97610 |
| specify the permissible uses of the funds for administrative | 97611 |
| purposes. | 97612 |
| (2) In establishing the limit on the amount or portion of the | 97613 |
| funds that may be used for administrative purposes, the director | 97614 |
| shall take into account both of the following: | 97615 |
| (a) The board's community mental health plan approved under | 97616 |
| division (I) of section 5119.61 of the Revised Code; | 97617 |
| (b) The board's total budget for mental health services. | 97618 |
| (3) In specifying the permissible uses of the funds for | 97619 |
| administrative purposes, the director shall establish general | 97620 |
| categories that describe the function for which the funds may be | 97621 |
| used. The categories may include any of the following: | 97622 |
| (a) Continuous quality improvement; | 97623 |
| (b) Utilization review; | 97624 |
| (c) Resource development; | 97625 |
| (d) Fiscal administration; | 97626 |
| (e) General administration; | 97627 |
| (f) Other functions required under Chapter 340. of the | 97628 |
| Revised Code. | 97629 |
| (4) A board shall account for its use of the funds for | 97630 |
| administrative purposes by submitting an annual report to the | 97631 |
| director. The report shall include details about the board's use | 97632 |
| of the funds according to the general categories of permissible | 97633 |
| uses established by the director. | 97634 |
| (B) By submitting a written application to the director, a | 97635 |
| board may seek a variance or waiver regarding the amount or | 97636 |
| portion established under division (A)(1) of this section as the | 97637 |
| maximum that may be used for administrative purposes. The | 97638 |
| director has sole discretion in granting or denying the variance | 97639 |
| or waiver. The director's determination is final. | 97640 |
| (C) The director may deny state or federal funds to a board | 97641 |
| that exceeds the limit established under division (A)(1) of this | 97642 |
| section. | 97643 |
| Sec. 5119.622. (A) Notwithstanding the provisions of | 97644 |
| section 5119.62 of the Revised Code referring to the allocation | 97645 |
| of funds appropriated from the general revenue fund for local | 97646 |
| management of mental health services to separate boards of | 97647 |
| alcohol, drug addiction, and mental health services, the | 97648 |
| director of mental health may allocate the funds to groups of two | 97649 |
| or more boards, but only if the boards included in a proposed | 97650 |
| group of boards agree to the group allocation in lieu of separate | 97651 |
| allocations. | 97652 |
| (B) If funds for local management of mental health services | 97653 |
| are allocated to groups of boards pursuant to division (A) of | 97654 |
| this section, the director shall require the boards included in | 97655 |
| each group to timely submit to the director a joint plan for the | 97656 |
| provision of mental health services and use of the funds. | 97657 |
| (C) The director shall, at the request of a single board or | 97658 |
| group of two or more boards, consider a proposal for mental health | 97659 |
| services to be funded on a regional or statewide basis. | 97660 |
| (D)(1) Notwithstanding the provisions of section 5119.621 of | 97661 |
| the Revised Code referring to the director's authority to | 97662 |
| establish for separate boards a limit on the amount or portion of | 97663 |
| state or federal funds provided under section 5119.62 of the | 97664 |
| Revised Code that may be used for administrative purposes, the | 97665 |
| director may specify a maximum amount or portion of such funds | 97666 |
| that may be used by the group of boards for administrative | 97667 |
| purposes if the conditions in division (A) of this section are | 97668 |
| satisfied. | 97669 |
| (2) To accommodate the establishment of a maximum amount or | 97670 |
| portion of state or federal funds that may be used by a group of | 97671 |
| boards for administrative purposes pursuant to division (D)(1) of | 97672 |
| this section, the director shall make all necessary adjustments in | 97673 |
| the procedures specified under section 5119.621 of the Revised | 97674 |
| Code. | 97675 |
| (E) In addition to the adjustments made by the director under | 97676 |
| this section, all references in the Revised Code to the provision | 97677 |
| of state or federal funds to separate boards or to the use of | 97678 |
| state or federal funds by separate boards for administrative | 97679 |
| purposes constitute references to groups of boards as the | 97680 |
| director considers necessary to accommodate the provision of | 97681 |
| state or federal funds to groups of boards under this section. | 97682 |
| Sec. 5120.032. (A) No later than January 1, 1998, the | 97683 |
|
department of
rehabilitation and correction | 97684 |
| implement intensive program prisons for male and female prisoners | 97685 |
| other than prisoners described in division (B)(2) of this section. | 97686 |
| The intensive program prisons, if developed and implemented, shall | 97687 |
| include institutions at which imprisonment of the type described | 97688 |
| in division (B)(2)(a) of section 5120.031 of the Revised Code is | 97689 |
| provided and prisons that focus on educational achievement, | 97690 |
| vocational training, alcohol and other drug abuse treatment, | 97691 |
| community service and conservation work, and other intensive | 97692 |
| regimens or combinations of intensive regimens. | 97693 |
| (B)(1)(a) Except as provided in division (B)(2) of this | 97694 |
| section, if one or more intensive program prisons are established | 97695 |
| under this section, if an offender is sentenced to a term of | 97696 |
| imprisonment under the custody of the department, if the | 97697 |
| sentencing court either recommends the prisoner for placement in | 97698 |
| 97699 | |
| recommendation on placement of the prisoner, and if the department | 97700 |
| determines that the prisoner is eligible for placement in an | 97701 |
| intensive program prison under this section, the department may | 97702 |
| place the prisoner in an intensive program prison established | 97703 |
| pursuant to division (A) of this section. If the sentencing court | 97704 |
| disapproves placement of the prisoner in an intensive program | 97705 |
| prison, the department shall not place the prisoner in any | 97706 |
| intensive program prison. | 97707 |
| If the sentencing court recommends a prisoner for placement | 97708 |
| in an intensive program prison and if the department subsequently | 97709 |
| places the prisoner in the recommended prison, the department | 97710 |
| shall notify the court of the prisoner's placement in the | 97711 |
| recommended intensive program prison and shall include with the | 97712 |
| notice a brief description of the placement. | 97713 |
| If the sentencing court recommends placement of a prisoner in | 97714 |
| an intensive program prison and the department for any reason does | 97715 |
| not subsequently place the prisoner in the recommended prison, the | 97716 |
| department shall send a notice to the court indicating why the | 97717 |
| prisoner was not placed in the recommended prison. | 97718 |
| If the sentencing court does not make a recommendation on the | 97719 |
| placement of a prisoner in an intensive program prison and if the | 97720 |
| department determines that the prisoner is eligible for placement | 97721 |
| in a prison of that nature, the department shall screen the | 97722 |
| prisoner and determine if the prisoner is suited for the prison. | 97723 |
|
If
the prisoner is suited for | 97724 |
| least three weeks prior to placing the prisoner in the prison, the | 97725 |
| department shall notify the sentencing court of the proposed | 97726 |
| placement of the prisoner in the intensive program prison and | 97727 |
| shall include with the notice a brief description of the | 97728 |
| placement. The court shall have ten days from receipt of the | 97729 |
| notice to disapprove the placement. If the sentencing court | 97730 |
| disapproves the placement, the department shall not proceed with | 97731 |
| it. If the sentencing court does not timely disapprove of the | 97732 |
| placement, the department may proceed with plans for it. | 97733 |
| If the department determines that a prisoner is not eligible | 97734 |
| for placement in an intensive program prison, the department shall | 97735 |
| not place the prisoner in any intensive program prison. | 97736 |
| (b) The department may reduce the stated prison term of a | 97737 |
| prisoner upon the prisoner's successful completion of a ninety-day | 97738 |
| period in an intensive program prison. A prisoner whose term has | 97739 |
| been so reduced shall be required to serve an intermediate, | 97740 |
| transitional type of detention followed by a release under | 97741 |
| post-release control sanctions or, in the alternative, shall be | 97742 |
| placed under post-release control sanctions, as described in | 97743 |
| division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In | 97744 |
| either case, the placement under post-release control sanctions | 97745 |
| shall be under terms set by the parole board in accordance with | 97746 |
| section 2967.28 of the Revised Code and shall be subject to the | 97747 |
| provisions of that section and section 2929.141 of the Revised | 97748 |
| Code with respect to a violation of any post-release control | 97749 |
| sanction. | 97750 |
| (2) A prisoner who is in any of the following categories is | 97751 |
| not eligible to participate in an intensive program prison | 97752 |
| established pursuant to division (A) of this section: | 97753 |
| (a) The prisoner is serving a prison term for aggravated | 97754 |
| murder, murder, or a felony of the first or second degree or a | 97755 |
| comparable offense under the law in effect prior to July 1, 1996, | 97756 |
| or the prisoner previously has been imprisoned for aggravated | 97757 |
| murder, murder, or a felony of the first or second degree or a | 97758 |
| comparable offense under the law in effect prior to July 1, 1996. | 97759 |
| (b) The prisoner is serving a mandatory prison term, as | 97760 |
| defined in section 2929.01 of the Revised Code. | 97761 |
| (c) The prisoner is serving a prison term for a felony of the | 97762 |
| third, fourth, or fifth degree that either is a sex offense, an | 97763 |
| offense betraying public trust, or an offense in which the | 97764 |
| prisoner caused or attempted to cause actual physical harm to a | 97765 |
| person, the prisoner is serving a prison term for a comparable | 97766 |
| offense under the law in effect prior to July 1, 1996, or the | 97767 |
| prisoner previously has been imprisoned for an offense of that | 97768 |
| type or a comparable offense under the law in effect prior to July | 97769 |
| 1, 1996. | 97770 |
| (d) The prisoner is serving a mandatory prison term in prison | 97771 |
| for a third or fourth degree felony OVI offense, as defined in | 97772 |
| section 2929.01 of the Revised Code, that was imposed pursuant to | 97773 |
| division (G)(2) of section 2929.13 of the Revised Code. | 97774 |
| (C) Upon the implementation of intensive program prisons | 97775 |
| pursuant to division (A) of this section, the department at all | 97776 |
| times shall maintain intensive program prisons sufficient in | 97777 |
| number to reduce the prison terms of at least three hundred fifty | 97778 |
| prisoners who are eligible for reduction of their stated prison | 97779 |
| terms as a result of their completion of a regimen in an intensive | 97780 |
| program prison under this section. | 97781 |
| Sec. 5120.033. (A) As used in this section, "third degree | 97782 |
| felony OVI offense" and "fourth degree felony OVI offense" have | 97783 |
| the same meanings as in section 2929.01 of the Revised Code. | 97784 |
| (B) Within eighteen months after October 17, 1996, the | 97785 |
|
department of
rehabilitation and correction | 97786 |
| implement intensive program prisons for male and female prisoners | 97787 |
| who are sentenced pursuant to division (G)(2) of section 2929.13 | 97788 |
| of the Revised Code to a mandatory prison term for a third or | 97789 |
|
fourth
degree felony
OVI offense. | 97790 |
| program prisons are established under this section, the department | 97791 |
| 97792 | |
| for the private operation and management of the initial intensive | 97793 |
| program prison established under this section and may contract | 97794 |
| pursuant to that section for the private operation and management | 97795 |
| of any other intensive program prison established under this | 97796 |
| section. The intensive program prisons, if established under this | 97797 |
| section, shall include prisons that focus on educational | 97798 |
| achievement, vocational training, alcohol and other drug abuse | 97799 |
| treatment, community service and conservation work, and other | 97800 |
| intensive regimens or combinations of intensive regimens. | 97801 |
| (C) Except as provided in division (D) of this section, the | 97802 |
| department may place a prisoner who is sentenced to a mandatory | 97803 |
| prison term for a third or fourth degree felony OVI offense in an | 97804 |
| intensive program prison established pursuant to division (B) of | 97805 |
| this section if the sentencing judge, upon notification by the | 97806 |
| department of its intent to place the prisoner in an intensive | 97807 |
| program prison, does not notify the department that the judge | 97808 |
| disapproves the placement. If the stated prison term imposed on a | 97809 |
| prisoner who is so placed is longer than the mandatory prison term | 97810 |
| that is required to be imposed on the prisoner, the department may | 97811 |
| reduce the stated prison term upon the prisoner's successful | 97812 |
| completion of the prisoner's mandatory prison term in an intensive | 97813 |
| program prison. A prisoner whose term has been so reduced shall be | 97814 |
| required to serve an intermediate, transitional type of detention | 97815 |
| followed by a release under post-release control sanctions or, in | 97816 |
| the alternative, shall be placed under post-release control | 97817 |
| sanctions, as described in division (B)(2)(b)(ii) of section | 97818 |
| 5120.031 of the Revised Code. In either case, the placement under | 97819 |
| post-release control sanctions shall be under terms set by the | 97820 |
| parole board in accordance with section 2967.28 of the Revised | 97821 |
| Code and shall be subject to the provisions of that section and | 97822 |
| section 2929.141 of the Revised Code with respect to a violation | 97823 |
|
of
any post-release control sanction. | 97824 |
| 97825 | |
|
established pursuant
to division (B) of this section
| 97826 |
| if as described in that division the initial intensive program | 97827 |
| prison is to be privately operated and managed by a contractor | 97828 |
| pursuant to a contract the department entered into under section | 97829 |
| 9.06 of the Revised Code, upon the establishment of that initial | 97830 |
| intensive program prison the department shall comply with | 97831 |
| divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code | 97832 |
| in placing prisoners in intensive program prisons under this | 97833 |
| section. | 97834 |
| (D) A prisoner who is sentenced to a mandatory prison term | 97835 |
| for a third or fourth degree felony OVI offense is not eligible to | 97836 |
| participate in an intensive program prison established under | 97837 |
| division (B) of this section if any of the following applies | 97838 |
| regarding the prisoner: | 97839 |
| (1) In addition to the mandatory prison term for the third or | 97840 |
| fourth degree felony OVI offense, the prisoner also is serving a | 97841 |
| prison term of a type described in division (B)(2)(a), (b), or (c) | 97842 |
| of section 5120.032 of the Revised Code. | 97843 |
| (2) The prisoner previously has been imprisoned for an | 97844 |
| offense of a type described in division (B)(2)(a) or (c) of | 97845 |
| section 5120.032 of the Revised Code or a comparable offense under | 97846 |
| the law in effect prior to July 1, 1996. | 97847 |
| (E) Intensive program prisons established under division (B) | 97848 |
| of this section are not subject to section 5120.032 of the Revised | 97849 |
| Code. | 97850 |
| Sec. 5120.09. Under the supervision and control of the | 97851 |
| director of rehabilitation and correction, the division of | 97852 |
| business administration shall do all of the following: | 97853 |
| (A) Submit the budgets for the several divisions of the | 97854 |
| department of rehabilitation and correction, as prepared by the | 97855 |
| respective chiefs of those divisions, to the director. The | 97856 |
| director, with the assistance of the chief of the division of | 97857 |
| business administration, shall compile a departmental budget that | 97858 |
| contains all proposals submitted by the chiefs of the divisions | 97859 |
| and shall forward the departmental budget to the governor with | 97860 |
| comments and recommendations that the director considers | 97861 |
| necessary. | 97862 |
| (B) Maintain accounts and records and compile statistics that | 97863 |
| the director prescribes; | 97864 |
| (C) Under the control of the director, coordinate and make | 97865 |
| the necessary purchases and requisitions for the department and | 97866 |
|
its divisions, except | 97867 |
| are provided to the department as described in section 5119.16 of | 97868 |
| the Revised Code; | 97869 |
| (D) Administer within this state federal criminal justice | 97870 |
| acts that the governor requires the department to administer. In | 97871 |
| order to improve the criminal justice system of this state, the | 97872 |
| division of business administration shall apply for, allocate, | 97873 |
| disburse, and account for grants that are made available pursuant | 97874 |
| to those federal criminal justice acts and grants that are made | 97875 |
| available from other federal government sources, state government | 97876 |
| sources, or private sources. As used in this division, "criminal | 97877 |
| justice system" and "federal criminal justice acts" have the same | 97878 |
| meanings as in section 5502.61 of the Revised Code. | 97879 |
| (E) Audit the activities of governmental entities, persons as | 97880 |
| defined in section 1.59 of the Revised Code, and other types of | 97881 |
| nongovernmental entities that are financed in whole or in part by | 97882 |
| funds that the department allocates or disburses and that are | 97883 |
| derived from grants described in division (D) of this section; | 97884 |
| (F) Enter into contracts, including contracts with federal, | 97885 |
| state, or local governmental entities, persons as defined in | 97886 |
| section 1.59 of the Revised Code, foundations, and other types of | 97887 |
| nongovernmental entities, that are necessary for the department to | 97888 |
| carry out its duties and that neither the director nor another | 97889 |
| section of the Revised Code authorizes another division of the | 97890 |
| department to enter; | 97891 |
| (G) Exercise other powers and perform other duties that the | 97892 |
| director may assign to the division of business administration. | 97893 |
| Sec. 5120.135. (A) As used in this section, "laboratory | 97894 |
| services" includes the performance of medical laboratory analysis; | 97895 |
| professional laboratory and pathologist consultation; the | 97896 |
| procurement, storage, and distribution of laboratory supplies; and | 97897 |
| the performance of phlebotomy services. | 97898 |
| (B) The department of
rehabilitation and correction | 97899 |
| provide laboratory services to all of the following: | 97900 |
| (1) The departments of mental health, mental retardation and | 97901 |
| developmental disabilities, youth services, and rehabilitation and | 97902 |
|
correction | 97903 |
| 97904 |
| (2) Other state, county, or municipal agencies and to private | 97905 |
| persons that request laboratory services if the department of | 97906 |
| rehabilitation and correction determines that the provision of | 97907 |
| laboratory services is in the public interest and considers it | 97908 |
|
advisable to provide
such services | 97909 |
| 97910 | |
| 97911 |
| (3) Agencies operated by the United States government and to | 97912 |
| public and private entities funded in whole or in part by the | 97913 |
| state if the director of rehabilitation and correction designates | 97914 |
|
them as eligible to
receive | 97915 |
| (c) The department of rehabilitation and correction shall | 97916 |
| provide laboratory services from a laboratory that complies with | 97917 |
| the standards for certification set by the United States | 97918 |
| department of health and human services under the "Clinical | 97919 |
| Laboratory Improvement Amendments of 1988," 102 Stat. 293, 42 | 97920 |
| U.S.C.A. 263a. In addition, the laboratory shall maintain | 97921 |
| accreditation or certification with an appropriate accrediting or | 97922 |
| certifying organization as considered necessary by the recipients | 97923 |
| of its laboratory services and as authorized by the director of | 97924 |
| rehabilitation and correction. | 97925 |
| | 97926 |
| determined by the department of rehabilitation and correction and | 97927 |
| shall be paid by entities that receive laboratory services to the | 97928 |
| department for deposit in the state treasury to the credit of the | 97929 |
| laboratory services fund, which is hereby created. The fund shall | 97930 |
| be used to pay the costs the department incurs in administering | 97931 |
| this section. | 97932 |
| | 97933 |
| 97934 | |
| 97935 | |
| 97936 | |
| 97937 | |
| 97938 | |
| 97939 | |
| 97940 | |
| 97941 | |
| 97942 | |
| 97943 | |
| 97944 | |
| 97945 | |
| 97946 | |
| 97947 | |
| 97948 | |
| 97949 | |
| 97950 | |
| 97951 | |
| 97952 | |
| 97953 | |
| 97954 | |
| 97955 | |
| 97956 | |
| 97957 | |
| 97958 | |
| 97959 |
| (E) Whenever a state agency fails to make a payment for | 97960 |
| laboratory services provided to it by the department of | 97961 |
| rehabilitation and correction under this section within thirty-one | 97962 |
| days after the date the payment was due, the office of budget and | 97963 |
| management may transfer moneys from that state agency to the | 97964 |
| department of rehabilitation and correction for deposit to the | 97965 |
| credit of the laboratory services fund. The amount transferred | 97966 |
| shall not exceed the amount of the overdue payments. Prior to | 97967 |
| making a transfer under this division, the office shall apply any | 97968 |
| credits the state agency has accumulated in payment for laboratory | 97969 |
| services provided under this section. | 97970 |
| Sec. 5122.31. (A) All certificates, applications, records, | 97971 |
| and reports made for the purpose of this chapter and sections | 97972 |
| 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 97973 |
| Code, other than court journal entries or court docket entries, | 97974 |
| and directly or indirectly identifying a patient or former patient | 97975 |
| or person whose hospitalization has been sought under this | 97976 |
| chapter, shall be kept confidential and shall not be disclosed by | 97977 |
| any person except: | 97978 |
| (1) If the person identified, or the person's legal guardian, | 97979 |
| if any, or if the person is a minor, the person's parent or legal | 97980 |
| guardian, consents, and if the disclosure is in the best interests | 97981 |
| of the person, as may be determined by the court for judicial | 97982 |
| records and by the chief clinical officer for medical records; | 97983 |
| (2) When disclosure is provided for in this chapter or | 97984 |
| section 5123.60 of the Revised Code; | 97985 |
| (3) That hospitals, boards of alcohol, drug addiction, and | 97986 |
| mental health services, and community mental health agencies may | 97987 |
| release necessary medical information to insurers and other | 97988 |
| third-party payers, including government entities responsible for | 97989 |
| processing and authorizing payment, to obtain payment for goods | 97990 |
| and services furnished to the patient; | 97991 |
| (4) Pursuant to a court order signed by a judge; | 97992 |
| (5) That a patient shall be granted access to the patient's | 97993 |
| own psychiatric and medical records, unless access specifically is | 97994 |
| restricted in a patient's treatment plan for clear treatment | 97995 |
| reasons; | 97996 |
| (6) That hospitals and other institutions and facilities | 97997 |
| within the department of mental health may exchange psychiatric | 97998 |
| records and other pertinent information with other hospitals, | 97999 |
| institutions, and facilities of the department, and with community | 98000 |
| mental health agencies and boards of alcohol, drug addiction, and | 98001 |
| mental health services with which the department has a current | 98002 |
| agreement for patient care or services. Records and information | 98003 |
| that may be released pursuant to this division shall be limited to | 98004 |
| medication history, physical health status and history, financial | 98005 |
| status, summary of course of treatment in the hospital, summary of | 98006 |
| treatment needs, and a discharge summary, if any. | 98007 |
| (7) That hospitals within the department, other institutions | 98008 |
| and facilities within the department, and community mental health | 98009 |
| agencies may exchange psychiatric records and other pertinent | 98010 |
| information with other providers of treatment and health services | 98011 |
| if the purpose of the exchange is to facilitate continuity of care | 98012 |
| for a patient; | 98013 |
| (8) That a patient's family member who is involved in the | 98014 |
| provision, planning, and monitoring of services to the patient may | 98015 |
| receive medication information, a summary of the patient's | 98016 |
| diagnosis and prognosis, and a list of the services and personnel | 98017 |
| available to assist the patient and the patient's family, if the | 98018 |
| patient's treating physician determines that the disclosure would | 98019 |
| be in the best interests of the patient. No such disclosure shall | 98020 |
| be made unless the patient is notified first and receives the | 98021 |
| information and does not object to the disclosure. | 98022 |
| | 98023 |
| psychiatric records and certain other information with the board | 98024 |
| of alcohol, drug addiction, and mental health services and other | 98025 |
| agencies in order to provide services to a person involuntarily | 98026 |
| committed to a board. Release of records under this division shall | 98027 |
| be limited to medication history, physical health status and | 98028 |
| history, financial status, summary of course of treatment, summary | 98029 |
| of treatment needs, and discharge summary, if any. | 98030 |
| | 98031 |
| the administrator of an estate of a deceased patient when the | 98032 |
| information is necessary to administer the estate; | 98033 |
| | 98034 |
| historical society may be released to the closest living relative | 98035 |
| of a deceased patient upon request of that relative; | 98036 |
| | 98037 |
| of the appropriate board or to staff members designated by the | 98038 |
| director of mental health for the purpose of evaluating the | 98039 |
| quality, effectiveness, and efficiency of services and determining | 98040 |
| if the services meet minimum standards. Information obtained | 98041 |
| during such evaluations shall not be retained with the name of any | 98042 |
| patient. | 98043 |
| | 98044 |
| course of treatment, treatment needs, and prognosis shall be | 98045 |
| disclosed and released to the appropriate prosecuting attorney if | 98046 |
| the patient was committed pursuant to section 2945.38, 2945.39, | 98047 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 98048 |
| attorney designated by the board for proceedings pursuant to | 98049 |
| involuntary commitment under this chapter. | 98050 |
| | 98051 |
| psychiatric hospitalization records, other mental health treatment | 98052 |
| records, and other pertinent information with the department of | 98053 |
| rehabilitation and correction to ensure continuity of care for | 98054 |
| inmates who are receiving mental health services in an institution | 98055 |
| of the department of rehabilitation and correction. The department | 98056 |
| shall not disclose those records unless the inmate is notified, | 98057 |
| receives the information, and does not object to the disclosure. | 98058 |
| The release of records under this division is limited to records | 98059 |
| regarding an inmate's medication history, physical health status | 98060 |
| and history, summary of course of treatment, summary of treatment | 98061 |
| needs, and a discharge summary, if any. | 98062 |
| | 98063 |
| to operate may transfer to either a community mental health agency | 98064 |
| that assumes its caseload or to the board of alcohol, drug | 98065 |
| addiction, and mental health services of the service district in | 98066 |
| which the patient resided at the time services were most recently | 98067 |
| provided any treatment records that have not been transferred | 98068 |
| elsewhere at the patient's request. | 98069 |
| (B) Before records are disclosed pursuant to divisions | 98070 |
|
(A)(3),
(6), (7), and | 98071 |
| records shall attempt to obtain the patient's consent for the | 98072 |
| disclosure. No person shall reveal the contents of a medical | 98073 |
| record of a patient except as authorized by law. | 98074 |
| (C) The managing officer of a hospital who releases necessary | 98075 |
| medical information under division (A)(3) of this section to allow | 98076 |
| an insurance carrier or other third party payor to comply with | 98077 |
| section 5121.43 of the Revised Code shall neither be subject to | 98078 |
| criminal nor civil liability. | 98079 |
| Sec. 5123.049. The director of mental retardation and | 98080 |
| developmental disabilities shall adopt rules in accordance with | 98081 |
| Chapter 119. of the Revised Code governing the authorization and | 98082 |
| payment of home and community-based services and medicaid case | 98083 |
| management services. The rules shall provide for private providers | 98084 |
| of the services to receive one hundred per cent of the medicaid | 98085 |
| allowable payment amount and for government providers of the | 98086 |
| services to receive the federal share of the medicaid allowable | 98087 |
| payment, less the amount withheld as a fee under section 5123.0412 | 98088 |
|
of the Revised Code | 98089 |
| 98090 | |
| 98091 | |
| establish the process by which county boards of mental retardation | 98092 |
| and developmental disabilities shall certify and provide the | 98093 |
| nonfederal share of medicaid expenditures that the county board is | 98094 |
| required by sections 5126.059 and 5126.0510 of the Revised Code | 98095 |
| to pay. The process shall require a county board to certify that | 98096 |
| the county board has funding available at one time for two months | 98097 |
| costs for those expenditures. The process may permit a county | 98098 |
| board to certify that the county board has funding available at | 98099 |
| one time for more than two months costs for those expenditures. | 98100 |
| Sec. 5123.0412. (A) The department of mental retardation and | 98101 |
| developmental disabilities shall charge each county board of | 98102 |
| mental retardation and developmental disabilities an annual fee | 98103 |
| equal to one and one-half per cent of the total value of all | 98104 |
| medicaid paid claims for home and community-based services | 98105 |
| provided during the year to an individual eligible for services | 98106 |
| from the county board. No county board shall pass the cost of a | 98107 |
| fee charged to the county board under this section on to another | 98108 |
| provider of these services. | 98109 |
| (B) The fees collected under this section shall be deposited | 98110 |
| into the ODMR/DD administration and oversight fund and the ODJFS | 98111 |
| administration and oversight fund, both of which are hereby | 98112 |
| created in the state treasury. The portion of the fees to be | 98113 |
| deposited into the ODMR/DD administration and oversight fund and | 98114 |
| the portion of the fees to be deposited into the ODJFS | 98115 |
| administration and oversight fund shall be the portion specified | 98116 |
| in an interagency agreement entered into under division (C) of | 98117 |
| this section. The department of mental retardation and | 98118 |
| developmental disabilities shall use the money in the ODMR/DD | 98119 |
| administration and oversight fund and the department of job and | 98120 |
| family services shall use the money in the ODJFS administration | 98121 |
| and oversight fund for both of the following purposes: | 98122 |
| (1) | 98123 |
| administrative and oversight costs of medicaid case management | 98124 |
| services and home and community-based services. The | 98125 |
| administrative and oversight costs of medicaid case management | 98126 |
| services and home and community-based services shall include costs | 98127 |
| for staff, systems, and other resources the departments need and | 98128 |
| dedicate solely to the following duties associated with the | 98129 |
| services: | 98130 |
| (a) Eligibility determinations; | 98131 |
| (b) Training; | 98132 |
| (c) Fiscal management; | 98133 |
| (d) Claims processing; | 98134 |
| (e) Quality assurance oversight; | 98135 |
| (f) Other duties the departments identify. | 98136 |
| (2) Providing technical support to county boards' local | 98137 |
| administrative authority under section 5126.055 of the Revised | 98138 |
| Code for the services. | 98139 |
| (C) The departments of mental retardation and developmental | 98140 |
| disabilities and job and family services shall enter into an | 98141 |
| interagency agreement to do both of the following: | 98142 |
| (1) Specify which portion of the fees collected under this | 98143 |
| section is to be deposited into the ODMR/DD administration and | 98144 |
| oversight fund and which portion is to be deposited into the ODJFS | 98145 |
| administration and oversight fund; | 98146 |
| (2) Provide for the departments to coordinate the staff whose | 98147 |
| costs are paid for with money in the ODMR/DD administration and | 98148 |
| oversight fund and the ODJFS administration and oversight fund. | 98149 |
| (D) The departments shall submit an annual report to the | 98150 |
| director of budget and management certifying how the departments | 98151 |
| spent the money in the ODMR/DD administration and oversight fund | 98152 |
| and the ODJFS administration and oversight fund for the purposes | 98153 |
| specified in division (B) of this section. | 98154 |
| Sec. 5123.0413. | 98155 |
| developmental disabilities, in consultation with the department of | 98156 |
| job and family services, office of budget and management, and | 98157 |
| county boards of mental retardation and developmental | 98158 |
| disabilities, shall adopt rules in accordance with Chapter 119. of | 98159 |
|
the Revised Code | 98160 |
| 98161 | |
| 98162 | |
| 98163 | |
| 98164 | |
| property tax levy for services for individuals with mental | 98165 |
|
retardation or other developmental
disability fails | 98166 |
| 98167 |
| | 98168 |
| 98169 |
| | 98170 |
| 98171 |
| | 98172 |
| 98173 | |
| 98174 | |
| 98175 | |
| 98176 |
| (A) A method of paying for home and community-based services; | 98177 |
| (B) A method of reducing the number of individuals a county | 98178 |
| board would otherwise be required by section 5126.0512 of the | 98179 |
| Revised Code to ensure are enrolled in a medicaid waiver component | 98180 |
| under which home and community-based services are provided. | 98181 |
| Sec. 5126.044. (A) As used in this section | 98182 |
| (1) "Eligible person" has the same meaning as in section | 98183 |
| 5126.03 of the Revised Code. | 98184 |
| (2) "Treatment" means the provision, coordination, or | 98185 |
| management of services provided to an eligible person. | 98186 |
| (3) "Payment" means activities undertaken by a service | 98187 |
| provider or governmental entity to obtain or provide reimbursement | 98188 |
| for services to an eligible person. | 98189 |
| (B) Except as provided in division | 98190 |
| person shall disclose the identity of an individual who requests | 98191 |
| programs or services under this chapter or release a record or | 98192 |
| report regarding an eligible person that is maintained by a county | 98193 |
| board of mental retardation and developmental disabilities or an | 98194 |
| entity under contract with a county board unless one of the | 98195 |
| following circumstances exists: | 98196 |
| (1) The individual, eligible person, or the individual's | 98197 |
| guardian, or, if the individual is a minor, the individual's | 98198 |
| parent or guardian, makes a written request to the county board or | 98199 |
| entity for or approves in writing disclosure of the individual's | 98200 |
| identity or release of the record or report regarding the eligible | 98201 |
| person. | 98202 |
| (2) Disclosure of the identity of an individual is needed for | 98203 |
| approval of a direct services contract under section 5126.032 or | 98204 |
| 5126.033 of the Revised Code. The county board shall release only | 98205 |
| the individual's name and the general nature of the services to be | 98206 |
| provided. | 98207 |
| (3) Disclosure of the identity of the individual is needed to | 98208 |
| ascertain that the county board's waiting lists for programs or | 98209 |
| services are being maintained in accordance with section 5126.042 | 98210 |
| of the Revised Code and the rules adopted under that section. The | 98211 |
| county board shall release only the individual's name, the general | 98212 |
| nature of the programs or services to be provided the individual, | 98213 |
| the individual's rank on each waiting list that includes the | 98214 |
| individual, and any circumstances under which the individual was | 98215 |
| given priority when placed on a waiting list. | 98216 |
| (4) Disclosure of the identity of an individual who is an | 98217 |
| eligible person is needed for treatment of or payment for services | 98218 |
| provided to the individual. | 98219 |
| (C) | 98220 |
| 98221 | |
| 98222 | |
| 98223 |
| | 98224 |
| guardian or, if the eligible person is a minor, the person's | 98225 |
| parent or guardian, a county board or entity under contract with a | 98226 |
| county board shall provide the person who made the request access | 98227 |
| to records and reports regarding the eligible person. On written | 98228 |
| request, the county board or entity shall provide copies of the | 98229 |
| records and reports to the eligible person, guardian, or parent. | 98230 |
| The county board or entity may charge a reasonable fee to cover | 98231 |
| the costs of copying. The county board or entity may waive the fee | 98232 |
| in cases of hardship. | 98233 |
| (2) A county board shall provide access to any waiting list | 98234 |
| or record or report regarding an eligible person maintained by the | 98235 |
| board to any state agency responsible for monitoring and reviewing | 98236 |
| programs and services provided or arranged by the county board, | 98237 |
| any state agency involved in the coordination of services for an | 98238 |
| eligible person, and any agency under contract with the department | 98239 |
| of mental retardation and developmental disabilities for the | 98240 |
| provision of protective service pursuant to section 5123.56 of the | 98241 |
| Revised Code. | 98242 |
| (3) When an eligible person who requests programs or services | 98243 |
| under this chapter dies, the county board or entity under contract | 98244 |
| with the county board, shall, on written request, provide to both | 98245 |
| of the following persons any reports and records in the board or | 98246 |
| entity's possession concerning the eligible person: | 98247 |
| (a) If the report or records are necessary to administer the | 98248 |
| estate of the person who is the subject of the reports or records, | 98249 |
| to the executor or administrator of the person's estate; | 98250 |
| (b) To the guardian of the person who is the subject of the | 98251 |
| reports or records or, if the individual had no guardian at the | 98252 |
| time of death, to a person in the first applicable of the | 98253 |
| following categories: | 98254 |
| (i) The person's spouse; | 98255 |
| (ii) The person's children; | 98256 |
| (iii) The person's parents; | 98257 |
| (iv) The person's brothers or sisters; | 98258 |
| (v) The person's uncles or aunts; | 98259 |
| (vi) The person's closest relative by blood or adoption; | 98260 |
| (vii) The person's closest relative by marriage. | 98261 |
| The county board or entity shall provide the reports and | 98262 |
|
records
as required by division | 98263 |
| later than thirty days after receipt of the request. | 98264 |
| | 98265 |
| person's guardian, or, if the eligible person is a minor, the | 98266 |
| person's parent or guardian, prior to destroying any record or | 98267 |
| report regarding the eligible person. | 98268 |
| Sec. 5126.05. (A) Subject to the rules established by the | 98269 |
| director of mental retardation and developmental disabilities | 98270 |
| pursuant to Chapter 119. of the Revised Code for programs and | 98271 |
| services offered pursuant to this chapter, and subject to the | 98272 |
| rules established by the state board of education pursuant to | 98273 |
| Chapter 119. of the Revised Code for programs and services offered | 98274 |
| pursuant to Chapter 3323. of the Revised Code, the county board of | 98275 |
| mental retardation and developmental disabilities shall: | 98276 |
| (1) Administer and operate facilities, programs, and services | 98277 |
| as provided by this chapter and Chapter 3323. of the Revised Code | 98278 |
| and establish policies for their administration and operation; | 98279 |
| (2) Coordinate, monitor, and evaluate existing services and | 98280 |
| facilities available to individuals with mental retardation and | 98281 |
| developmental disabilities; | 98282 |
| (3) Provide early childhood services, supportive home | 98283 |
| services, and adult services, according to the plan and priorities | 98284 |
| developed under section 5126.04 of the Revised Code; | 98285 |
| (4) Provide or contract for special education services | 98286 |
| pursuant to Chapters 3306., 3317., and 3323. of the Revised Code | 98287 |
| and ensure that related services, as defined in section 3323.01 of | 98288 |
| the Revised Code, are available according to the plan and | 98289 |
| priorities developed under section 5126.04 of the Revised Code; | 98290 |
| (5) Adopt a budget, authorize expenditures for the purposes | 98291 |
| specified in this chapter and do so in accordance with section | 98292 |
| 319.16 of the Revised Code, approve attendance of board members | 98293 |
| and employees at professional meetings and approve expenditures | 98294 |
| for attendance, and exercise such powers and duties as are | 98295 |
| prescribed by the director; | 98296 |
| (6) Submit annual reports of its work and expenditures, | 98297 |
| pursuant to sections 3323.09 and 5126.12 of the Revised Code, to | 98298 |
| the director, the superintendent of public instruction, and the | 98299 |
| board of county commissioners at the close of the fiscal year and | 98300 |
| at such other times as may reasonably be requested; | 98301 |
| (7) Authorize all positions of employment, establish | 98302 |
| compensation, including but not limited to salary schedules and | 98303 |
| fringe benefits for all board employees, approve contracts of | 98304 |
| employment for management employees that are for a term of more | 98305 |
| than one year, employ legal counsel under section 309.10 of the | 98306 |
| Revised Code, and contract for employee benefits; | 98307 |
| (8) Provide service and support administration in accordance | 98308 |
| with section 5126.15 of the Revised Code; | 98309 |
| (9) Certify respite care homes pursuant to rules adopted | 98310 |
| under section 5123.171 of the Revised Code by the director of | 98311 |
| mental retardation and developmental disabilities. | 98312 |
| (B) To the extent that rules adopted under this section apply | 98313 |
| to the identification and placement of children with disabilities | 98314 |
| under Chapter 3323. of the Revised Code, they shall be consistent | 98315 |
| with the standards and procedures established under sections | 98316 |
| 3323.03 to 3323.05 of the Revised Code. | 98317 |
| (C) Any county board may enter into contracts with other such | 98318 |
| boards and with public or private, nonprofit, or profit-making | 98319 |
| agencies or organizations of the same or another county, to | 98320 |
| provide the facilities, programs, and services authorized or | 98321 |
| required, upon such terms as may be agreeable, and in accordance | 98322 |
| with this chapter and Chapter 3323. of the Revised Code and rules | 98323 |
| adopted thereunder and in accordance with sections 307.86 and | 98324 |
| 5126.071 of the Revised Code. | 98325 |
| (D) A county board may combine transportation for children | 98326 |
| and adults enrolled in programs and services offered under section | 98327 |
| 5126.12 with transportation for children enrolled in classes | 98328 |
| funded under section 3317.20 or units approved under section | 98329 |
| 3317.05 of the Revised Code. | 98330 |
| (E) A county board may purchase all necessary insurance | 98331 |
| policies, may purchase equipment and supplies through the | 98332 |
| department of administrative services or from other sources, and | 98333 |
| may enter into agreements with public agencies or nonprofit | 98334 |
| organizations for cooperative purchasing arrangements. | 98335 |
| (F) A county board may receive by gift, grant, devise, or | 98336 |
| bequest any moneys, lands, or property for the benefit of the | 98337 |
| purposes for which the board is established and hold, apply, and | 98338 |
| dispose of the moneys, lands, and property according to the terms | 98339 |
| of the gift, grant, devise, or bequest. All money received by | 98340 |
| gift, grant, bequest, or disposition of lands or property received | 98341 |
| by gift, grant, devise, or bequest shall be deposited in the | 98342 |
| county treasury to the credit of such board and shall be available | 98343 |
| for use by the board for purposes determined or stated by the | 98344 |
| donor or grantor, but may not be used for personal expenses of the | 98345 |
| board members. Any interest or earnings accruing from such gift, | 98346 |
| grant, devise, or bequest shall be treated in the same manner and | 98347 |
| subject to the same provisions as such gift, grant, devise, or | 98348 |
| bequest. | 98349 |
| (G) The board of county commissioners shall levy taxes and | 98350 |
| make appropriations sufficient to enable the county board of | 98351 |
| mental retardation and developmental disabilities to perform its | 98352 |
| functions and duties, and may utilize any available local, state, | 98353 |
| and federal funds for such purpose. | 98354 |
| Sec. 5126.054. (A) Each county board of mental retardation | 98355 |
| and developmental disabilities shall, by resolution, develop a | 98356 |
| three-calendar year plan that includes the following three | 98357 |
| components: | 98358 |
| (1) An assessment component that includes all of the | 98359 |
| following: | 98360 |
| (a) The number of individuals with mental retardation or | 98361 |
| other developmental disability residing in the county who need the | 98362 |
| level of care provided by an intermediate care facility for the | 98363 |
| mentally retarded, may seek home and community-based services, are | 98364 |
| given priority for the services pursuant to division (D) of | 98365 |
| section 5126.042 of the Revised Code; the service needs of those | 98366 |
| individuals; and the projected annualized cost for services; | 98367 |
| (b) The source of funds available to the county board to pay | 98368 |
| the nonfederal share of medicaid expenditures that the county | 98369 |
| board is required by sections 5126.059 and 5126.0510 of the | 98370 |
| Revised Code to pay; | 98371 |
| (c) Any other applicable information or conditions that the | 98372 |
| department of mental retardation and developmental disabilities | 98373 |
| requires as a condition of approving the component under section | 98374 |
| 5123.046 of the Revised Code. | 98375 |
| (2) (A preliminary implementation component that specifies | 98376 |
| the number of individuals to be provided, during the first year | 98377 |
| that the plan is in effect, home and community-based services | 98378 |
| pursuant to the priority given to them under divisions (D)(1) and | 98379 |
| (2) of section 5126.042 of the Revised Code and the types of home | 98380 |
| and community-based services the individuals are to receive; | 98381 |
| (3) A component that provides for the implementation of | 98382 |
| medicaid case management services and home and community-based | 98383 |
| services for individuals who begin to receive the services on or | 98384 |
| after the date the plan is approved under section 5123.046 of the | 98385 |
| Revised Code. A county board shall include all of the following in | 98386 |
| the component: | 98387 |
| (a) If the department of mental retardation and developmental | 98388 |
| disabilities or department of job and family services requires, an | 98389 |
| agreement to pay the nonfederal share of medicaid expenditures | 98390 |
| that the county board is required by sections 5126.059 and | 98391 |
| 5126.0510 of the Revised Code to pay; | 98392 |
| (b) How the services are to be phased in over the period the | 98393 |
| plan covers, including how the county board will serve individuals | 98394 |
| on a waiting list established under division (C) of section | 98395 |
| 5126.042 who are given priority status under division (D)(1) of | 98396 |
| that section; | 98397 |
| (c) Any agreement or commitment regarding the county board's | 98398 |
| funding of home and community-based services that the county board | 98399 |
| has with the department at the time the county board develops the | 98400 |
| component; | 98401 |
| (d) Assurances adequate to the department that the county | 98402 |
| board will comply with all of the following requirements: | 98403 |
| (i) To provide the types of home and community-based services | 98404 |
| specified in the preliminary implementation component required by | 98405 |
| division (A)(2) of this section to at least the number of | 98406 |
| individuals specified in that component; | 98407 |
| (ii) To use any additional funds the county board receives | 98408 |
| for the services to improve the county board's resource | 98409 |
| capabilities for supporting such services available in the county | 98410 |
| at the time the component is developed and to expand the services | 98411 |
| to accommodate the unmet need for those services in the county; | 98412 |
| (iii) To employ or contract with a business manager | 98413 |
| 98414 | |
| 98415 | |
| 98416 | |
| 98417 | |
| board of mental retardation and developmental disabilities that | 98418 |
| employs or contracts with a business manager to have the business | 98419 |
|
manager serve both county boards. | 98420 |
| 98421 | |
| 98422 | |
| board may serve as the county board's business manager. | 98423 |
| (iv) To employ or contract with a medicaid services manager | 98424 |
| 98425 | |
| 98426 | |
| 98427 | |
| board of mental retardation and developmental disabilities that | 98428 |
| employs or contracts with a medicaid services manager to have the | 98429 |
|
medicaid services manager serve both county boards. | 98430 |
| 98431 | |
| 98432 | |
| 98433 | |
| 98434 | |
| 98435 | |
| 98436 | |
| 98437 | |
| 98438 | |
| 98439 | |
| 98440 | |
| county board may serve as the county board's medicaid services | 98441 |
| manager. | 98442 |
| (e) Programmatic and financial accountability measures and | 98443 |
| projected outcomes expected from the implementation of the plan; | 98444 |
| (f) Any other applicable information or conditions that the | 98445 |
| department requires as a condition of approving the component | 98446 |
| under section 5123.046 of the Revised Code. | 98447 |
| (B) A county board whose plan developed under division (A) of | 98448 |
| this section is approved by the department under section 5123.046 | 98449 |
| of the Revised Code shall update and renew the plan in accordance | 98450 |
| with a schedule the department shall develop. | 98451 |
| Sec. 5126.055. (A) Except as provided in section 5126.056 | 98452 |
| of the Revised Code, a county board of mental retardation and | 98453 |
| developmental disabilities has medicaid local administrative | 98454 |
| authority to, and shall, do all of the following for an individual | 98455 |
| with mental retardation or other developmental disability who | 98456 |
| resides in the county that the county board serves and seeks or | 98457 |
| receives home and community-based services: | 98458 |
| (1) Perform assessments and evaluations of the individual. As | 98459 |
| part of the assessment and evaluation process, the county board | 98460 |
| shall do all of the following: | 98461 |
| (a) Make a recommendation to the department of mental | 98462 |
| retardation and developmental disabilities on whether the | 98463 |
| department should approve or deny the individual's application for | 98464 |
| the services, including on the basis of whether the individual | 98465 |
| needs the level of care an intermediate care facility for the | 98466 |
| mentally retarded provides; | 98467 |
| (b) If the individual's application is denied because of the | 98468 |
| county board's recommendation and the individual requests a | 98469 |
| hearing under section 5101.35 of the Revised Code, present, with | 98470 |
| the department of mental retardation and developmental | 98471 |
| disabilities or department of job and family services, whichever | 98472 |
| denies the application, the reasons for the recommendation and | 98473 |
| denial at the hearing; | 98474 |
| (c) If the individual's application is approved, recommend to | 98475 |
| the departments of mental retardation and developmental | 98476 |
| disabilities and job and family services the services that should | 98477 |
| be included in the individual's individualized service plan and, | 98478 |
| if either department approves, reduces, denies, or terminates a | 98479 |
| service included in the individual's individualized service plan | 98480 |
| under section 5111.871 of the Revised Code because of the county | 98481 |
| board's recommendation, present, with the department that made the | 98482 |
| approval, reduction, denial, or termination, the reasons for the | 98483 |
| recommendation and approval, reduction, denial, or termination at | 98484 |
| a hearing under section 5101.35 of the Revised Code. | 98485 |
| (2) In accordance with the rules adopted under section | 98486 |
| 5126.046 of the Revised Code, perform the county board's duties | 98487 |
| under that section regarding assisting the individual's right to | 98488 |
| choose a qualified and willing provider of the services and, at a | 98489 |
| hearing under section 5101.35 of the Revised Code, present | 98490 |
| evidence of the process for appropriate assistance in choosing | 98491 |
| providers; | 98492 |
| (3) If the county board is certified under section 5123.161 | 98493 |
| of the Revised Code to provide the services and agrees to | 98494 |
| provide the services to the individual and the individual | 98495 |
| chooses the county board to provide the services, furnish, in | 98496 |
| accordance with the county board's medicaid provider agreement | 98497 |
| and for the authorized reimbursement rate, the services the | 98498 |
| individual requires; | 98499 |
| (4) Monitor the services provided to the individual and | 98500 |
| ensure the individual's health, safety, and welfare. The | 98501 |
| monitoring shall include quality assurance activities. If the | 98502 |
| county board provides the services, the department of mental | 98503 |
| retardation and developmental disabilities shall also monitor the | 98504 |
| services. | 98505 |
| (5) Develop, with the individual and the provider of the | 98506 |
| individual's services, an effective individualized service plan | 98507 |
| that includes coordination of services, recommend that the | 98508 |
| departments of mental retardation and developmental disabilities | 98509 |
| and job and family services approve the plan, and implement the | 98510 |
|
plan unless either department disapproves it | 98511 |
| service plan shall include a summary page, agreed to by the county | 98512 |
| board, provider, and individual receiving services, that clearly | 98513 |
| outlines the amount, duration, and scope of services to be | 98514 |
| provided under the plan. | 98515 |
| (6) Have an investigative agent conduct investigations under | 98516 |
| section 5126.313 of the Revised Code that concern the individual; | 98517 |
| (7) Have a service and support administrator perform the | 98518 |
| duties under division (B)(9) of section 5126.15 of the Revised | 98519 |
| Code that concern the individual. | 98520 |
| (B) A county board shall perform its medicaid local | 98521 |
| administrative authority under this section in accordance with all | 98522 |
| of the following: | 98523 |
| (1) The county board's plan that the department of mental | 98524 |
| retardation and developmental disabilities approves under section | 98525 |
| 5123.046 of the Revised Code; | 98526 |
| (2) All applicable federal and state laws; | 98527 |
| (3) All applicable policies of the departments of mental | 98528 |
| retardation and developmental disabilities and job and family | 98529 |
| services and the United States department of health and human | 98530 |
| services; | 98531 |
| (4) The department of job and family services' supervision | 98532 |
| under its authority under section 5111.01 of the Revised Code to | 98533 |
| act as the single state medicaid agency; | 98534 |
| (5) The department of mental retardation and developmental | 98535 |
| disabilities' oversight. | 98536 |
| (C) The departments of mental retardation and developmental | 98537 |
| disabilities and job and family services shall communicate with | 98538 |
| and provide training to county boards regarding medicaid local | 98539 |
| administrative authority granted by this section. The | 98540 |
| communication and training shall include issues regarding audit | 98541 |
| protocols and other standards established by the United States | 98542 |
| department of health and human services that the departments | 98543 |
| determine appropriate for communication and training. County | 98544 |
| boards shall participate in the training. The departments shall | 98545 |
| assess the county board's compliance against uniform standards | 98546 |
| that the departments shall establish. | 98547 |
| (D) A county board may not delegate its medicaid local | 98548 |
| administrative authority granted under this section but may | 98549 |
| contract with a person or government entity, including a council | 98550 |
| of governments, for assistance with its medicaid local | 98551 |
| administrative authority. A county board that enters into such a | 98552 |
| contract shall notify the director of mental retardation and | 98553 |
| developmental disabilities. The notice shall include the tasks and | 98554 |
| responsibilities that the contract gives to the person or | 98555 |
| government entity. The person or government entity shall comply in | 98556 |
| full with all requirements to which the county board is subject | 98557 |
| regarding the person or government entity's tasks and | 98558 |
| responsibilities under the contract. The county board remains | 98559 |
| ultimately responsible for the tasks and responsibilities. | 98560 |
| (E) A county board that has medicaid local administrative | 98561 |
| authority under this section shall, through the departments of | 98562 |
| mental retardation and developmental disabilities and job and | 98563 |
| family services, reply to, and cooperate in arranging compliance | 98564 |
| with, a program or fiscal audit or program violation exception | 98565 |
| that a state or federal audit or review discovers. The department | 98566 |
| of job and family services shall timely notify the department of | 98567 |
| mental retardation and developmental disabilities and the county | 98568 |
| board of any adverse findings. After receiving the notice, the | 98569 |
| county board, in conjunction with the department of mental | 98570 |
| retardation and developmental disabilities, shall cooperate fully | 98571 |
| with the department of job and family services and timely prepare | 98572 |
| and send to the department a written plan of correction or | 98573 |
| response to the adverse findings. The county board is liable for | 98574 |
| any adverse findings that result from an action it takes or fails | 98575 |
| to take in its implementation of medicaid local administrative | 98576 |
| authority. | 98577 |
| (F) If the department of mental retardation and developmental | 98578 |
| disabilities or department of job and family services determines | 98579 |
| that a county board's implementation of its medicaid local | 98580 |
| administrative authority under this section is deficient, the | 98581 |
| department that makes the determination shall require that county | 98582 |
| board do the following: | 98583 |
| (1) If the deficiency affects the health, safety, or welfare | 98584 |
| of an individual with mental retardation or other developmental | 98585 |
| disability, correct the deficiency within twenty-four hours; | 98586 |
| (2) If the deficiency does not affect the health, safety, or | 98587 |
| welfare of an individual with mental retardation or other | 98588 |
| developmental disability, receive technical assistance from the | 98589 |
| department or submit a plan of correction to the department that | 98590 |
| is acceptable to the department within sixty days and correct the | 98591 |
| deficiency within the time required by the plan of correction. | 98592 |
| Sec. 5126.0512. (A) As used in this section, "medicaid | 98593 |
| waiver component" means a medicaid waiver component as defined in | 98594 |
| section 5111.85 of the Revised Code under which home and | 98595 |
| community-based services are provided. | 98596 |
| (B) Effective July 1, 2007, and except as provided in rules | 98597 |
| adopted under section 5123.0413 of the Revised Code, each county | 98598 |
| board of mental retardation and developmental disabilities shall | 98599 |
| ensure, for each medicaid waiver component, that the number of | 98600 |
| individuals eligible under section 5126.041 of the Revised Code | 98601 |
| for services from the county board who are enrolled in a medicaid | 98602 |
| waiver component is no less than the sum of the following: | 98603 |
| (1) The number of individuals eligible for services from the | 98604 |
| county board who are enrolled in the medicaid waiver component on | 98605 |
| June 30, 2007; | 98606 |
| (2) The number of medicaid waiver component slots the county | 98607 |
| board requested before July 1, 2007, that were assigned to the | 98608 |
| county board before that date but in which no individual was | 98609 |
| enrolled before that date. | 98610 |
| (C) An individual enrolled in a medicaid waiver component | 98611 |
| after March 1, 2007, due to an emergency reserve capacity waiver | 98612 |
| assignment shall not be counted in determining the number of | 98613 |
| individuals a county board must ensure under division (B) of this | 98614 |
| section are enrolled in a medicaid waiver component. | 98615 |
| (D) An individual who is enrolled in a medicaid waiver | 98616 |
| component to comply with the terms of the consent order filed | 98617 |
| March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in | 98618 |
| the United States district court for the southern district of | 98619 |
| Ohio, eastern division, shall be excluded in determining whether a | 98620 |
| county board has complied with division (B) of this section. | 98621 |
| (E) A county board shall make as many requests for | 98622 |
| individuals to be enrolled in a medicaid waiver component as | 98623 |
| necessary for the county board to comply with division (B) of this | 98624 |
| section. | 98625 |
| Sec. 5126.19. (A) The director of mental retardation and | 98626 |
| developmental disabilities may grant temporary funding from the | 98627 |
| community mental retardation and developmental disabilities trust | 98628 |
| fund based on allocations to county boards of mental retardation | 98629 |
| and developmental disabilities. The director may distribute all or | 98630 |
| part of the funding directly to a county board, the persons who | 98631 |
| provide the services for which the funding is granted, or persons | 98632 |
| with mental retardation or developmental disabilities who are to | 98633 |
| receive those services. | 98634 |
| (B) Funding granted under division (A) of this section shall | 98635 |
| be granted according to the availability of moneys in the fund and | 98636 |
| priorities established by the director. Funding may be granted for | 98637 |
| any of the following purposes: | 98638 |
| (1) Behavioral or short-term interventions for persons with | 98639 |
| mental retardation or developmental disabilities that assist them | 98640 |
| in remaining in the community by preventing institutionalization; | 98641 |
| (2) Emergency respite care services, as defined in section | 98642 |
| 5126.11 of the Revised Code; | 98643 |
| (3) Family support services provided under section 5126.11 of | 98644 |
| the Revised Code; | 98645 |
| (4) Supported living, as defined in section 5126.01 of the | 98646 |
| Revised Code; | 98647 |
| (5) Staff training for county board employees, employees of | 98648 |
| providers of residential services as defined in section 5126.01 of | 98649 |
| the Revised Code, and other personnel under contract with a county | 98650 |
| board, to provide the staff with necessary training in serving | 98651 |
| mentally retarded or developmentally disabled persons in the | 98652 |
| community; | 98653 |
| (6) Short-term provision of early childhood services provided | 98654 |
| under section 5126.05, adult services provided under sections | 98655 |
| 5126.05 and 5126.051, and service and support administration | 98656 |
| provided under section 5126.15 of the Revised Code, when local | 98657 |
| moneys are insufficient to meet the need for such services due to | 98658 |
| the successive failure within a two-year period of three or more | 98659 |
| proposed levies for the services; | 98660 |
| (7) Contracts with providers of residential services to | 98661 |
| maintain persons with mental retardation and developmental | 98662 |
| disabilities in their programs and avoid institutionalization. | 98663 |
| (C) If the trust fund contains more than ten million dollars | 98664 |
| on the first day of July the director shall use one million | 98665 |
| dollars for payments under section 5126.18 of the Revised Code, | 98666 |
| two million dollars for subsidies to county boards for supported | 98667 |
| living, and one million dollars for subsidies to county boards | 98668 |
| for early childhood services and adult services provided under | 98669 |
| section 5126.05 of the Revised Code. Distributions of funds under | 98670 |
| this division shall be made prior to August 31 of the state fiscal | 98671 |
| year in which the funds are available. The funds shall be | 98672 |
| allocated to a county board in an amount equal to the same | 98673 |
| percentage of the total amount allocated to the county board the | 98674 |
| immediately preceding state fiscal year. | 98675 |
| | 98676 |
| 98677 | |
| 98678 | |
| 98679 | |
| 98680 | |
| 98681 |
| Sec. 5126.24. (A) As used in this section: | 98682 |
| (1) "License" means an educator license issued by the state | 98683 |
| board of education under section 3319.22 of the Revised Code or a | 98684 |
| certificate issued by the department of mental retardation and | 98685 |
| developmental disabilities. | 98686 |
| (2) "Teacher" means a person employed by a county board of | 98687 |
| mental retardation and developmental disabilities in a position | 98688 |
| that requires a license. | 98689 |
| (3) "Nonteaching employee" means a person employed by a | 98690 |
| county board of mental retardation and developmental disabilities | 98691 |
| in a position that does not require a license. | 98692 |
| (4) "Years of service" includes all service described in | 98693 |
| division (A) of section 3317.13 of the Revised Code. | 98694 |
| (B) Subject to rules established by the director of mental | 98695 |
| retardation and developmental disabilities pursuant to Chapter | 98696 |
| 119. of the Revised Code, each county board of mental retardation | 98697 |
| and developmental disabilities shall annually adopt separate | 98698 |
| salary schedules for teachers and nonteaching employees. | 98699 |
| (C) The teachers' salary schedule shall provide for | 98700 |
| increments based on training and years of service. The board may | 98701 |
| establish its own service requirements provided no teacher | 98702 |
| receives less than the salary the teacher would be paid under | 98703 |
| section 3317.13 of the Revised Code if the teacher were employed | 98704 |
| by a school district board of education and provided full credit | 98705 |
| for a minimum of five years of actual teaching and military | 98706 |
| experience as defined in division (A) of such section is given to | 98707 |
| each teacher. | 98708 |
| Each teacher who has completed training that would qualify | 98709 |
| the teacher for a higher salary bracket pursuant to this section | 98710 |
| shall file by the fifteenth day of September with the fiscal | 98711 |
| officer of the board, satisfactory evidence of the completion of | 98712 |
| such additional training. The fiscal officer shall then | 98713 |
| immediately place the teacher, pursuant to this section, in the | 98714 |
| proper salary bracket in accordance with training and years of | 98715 |
| service. No teacher shall be paid less than the salary to which | 98716 |
| the teacher would be entitled under section 3317.13 of the Revised | 98717 |
| Code if the teacher were employed by a school district board of | 98718 |
| education. | 98719 |
| The superintendent of each county board, on or before the | 98720 |
| fifteenth day of October of each year, shall certify to the state | 98721 |
| board of education the name of each teacher employed, on an annual | 98722 |
| salary, in each special education program operated pursuant to | 98723 |
| section 3323.09 of the Revised Code during the first full school | 98724 |
| week of October. The superintendent further shall certify, for | 98725 |
| each teacher, the number of years of training completed at a | 98726 |
| recognized college, the degrees earned from a college recognized | 98727 |
| by the state board, the type of license held, the number of months | 98728 |
| employed by the board, the annual salary, and other information | 98729 |
| that the state board may request. | 98730 |
| (D) The nonteaching employees' salary schedule established by | 98731 |
| the board shall be based on training, experience, and | 98732 |
| qualifications with initial salaries no less than salaries in | 98733 |
| effect on July 1, 1985. Each board shall prepare and may amend | 98734 |
| from time to time, specifications descriptive of duties, | 98735 |
| responsibilities, requirements, and desirable qualifications of | 98736 |
| the classifications of employees required to perform the duties | 98737 |
| specified in the salary schedule. All nonteaching employees shall | 98738 |
| be notified of the position classification to which they are | 98739 |
| assigned and the salary for the classification. The compensation | 98740 |
| of all nonteaching employees working for a particular board shall | 98741 |
| be uniform for like positions except as compensation would be | 98742 |
| affected by salary increments based upon length of service. | 98743 |
| On the fifteenth day of October of each year the nonteaching | 98744 |
| employees' salary schedule and list of job classifications and | 98745 |
| salaries in effect on that date shall be filed by each board with | 98746 |
| the superintendent of public instruction. If such salary schedule | 98747 |
| and classification plan is not filed, the superintendent of public | 98748 |
| instruction shall order the board to file such schedule and list | 98749 |
| forthwith. If this condition is not corrected within ten days | 98750 |
| after receipt of the order from the superintendent, no money shall | 98751 |
| be distributed to the district under Chapter 3306. or 3317. of the | 98752 |
| Revised Code until the superintendent has satisfactory evidence of | 98753 |
| the board's full compliance with such order. | 98754 |
| Sec. 5139.43. (A) The department of youth services shall | 98755 |
| operate a felony delinquent care and custody program that shall be | 98756 |
| operated in accordance with the formula developed pursuant to | 98757 |
| section 5139.41 of the Revised Code, subject to the conditions | 98758 |
| specified in this section. | 98759 |
| (B)(1) Each juvenile court shall use the moneys disbursed to | 98760 |
| it by the department of youth services pursuant to division (B) of | 98761 |
| section 5139.41 of the Revised Code in accordance with the | 98762 |
| applicable provisions of division (B)(2) of this section and shall | 98763 |
| transmit the moneys to the county treasurer for deposit in | 98764 |
| accordance with this division. The county treasurer shall create | 98765 |
| in the county treasury a fund that shall be known as the felony | 98766 |
| delinquent care and custody fund and shall deposit in that fund | 98767 |
| the moneys disbursed to the juvenile court pursuant to division | 98768 |
| (B) of section 5139.41 of the Revised Code. The county treasurer | 98769 |
| also shall deposit into that fund the state subsidy funds granted | 98770 |
| to the county pursuant to section 5139.34 of the Revised Code. The | 98771 |
| moneys disbursed to the juvenile court pursuant to division (B) of | 98772 |
| section 5139.41 of the Revised Code and deposited pursuant to this | 98773 |
| division in the felony delinquent care and custody fund shall not | 98774 |
| be commingled with any other county funds except state subsidy | 98775 |
| funds granted to the county pursuant to section 5139.34 of the | 98776 |
| Revised Code; shall not be used for any capital construction | 98777 |
| projects; upon an order of the juvenile court and subject to | 98778 |
| appropriation by the board of county commissioners, shall be | 98779 |
| disbursed to the juvenile court for use in accordance with the | 98780 |
| applicable provisions of division (B)(2) of this section; shall | 98781 |
| not revert to the county general fund at the end of any fiscal | 98782 |
| year; and shall carry over in the felony delinquent care and | 98783 |
| custody fund from the end of any fiscal year to the next fiscal | 98784 |
|
year. | 98785 |
| respective fiscal year | 98786 |
|
the felony delinquent care and custody fund in any
county | 98787 |
| 98788 | |
| pursuant to sections 5139.34 and 5139.41 of the Revised Code | 98789 |
| 98790 | |
| be calculated as provided in the formula set forth in this | 98791 |
| division, unless that county has applied for and been granted an | 98792 |
| exemption by the director of youth services. Beginning June 30, | 98793 |
| 2008, the maximum balance carry-over at the end of each respective | 98794 |
| fiscal year shall be determined by the following formula: for | 98795 |
| fiscal year 2008, the maximum balance carry-over shall be one | 98796 |
| hundred per cent of the allocation for fiscal year 2007, to be | 98797 |
| applied in determining the fiscal year 2009 allocation; for fiscal | 98798 |
| year 2009, it shall be fifty per cent of the allocation for fiscal | 98799 |
| year 2008, to be applied in determining the fiscal year 2010 | 98800 |
| allocation; for fiscal year 2010, it shall be twenty-five per cent | 98801 |
| of the allocation for fiscal year 2009, to be applied in | 98802 |
| determining the fiscal year 2011 allocation; and for each fiscal | 98803 |
| year subsequent to fiscal year 2010, it shall be twenty-five per | 98804 |
| cent of the allocation for the immediately preceding fiscal year, | 98805 |
| to be applied in determining the allocation for the next immediate | 98806 |
| fiscal year. The department shall withhold from future payments to | 98807 |
| a county an amount equal to any moneys in the felony delinquent | 98808 |
|
care
and custody fund of the county that exceed the
total | 98809 |
| 98810 | |
| 98811 | |
| that county for the fiscal year in which the payments are being | 98812 |
| made and shall reallocate the withheld amount. The department | 98813 |
| shall adopt rules for the withholding and reallocation of moneys | 98814 |
| disbursed under sections 5139.34 and 5139.41 of the Revised Code | 98815 |
| and for the criteria and process for a county to obtain an | 98816 |
| exemption from the withholding requirement. The moneys disbursed | 98817 |
| to the juvenile court pursuant to division (B) of section 5139.41 | 98818 |
| of the Revised Code and deposited pursuant to this division in | 98819 |
| the felony delinquent care and custody fund shall be in addition | 98820 |
| to, and shall not be used to reduce, any usual annual increase in | 98821 |
| county funding that the juvenile court is eligible to receive or | 98822 |
| the current level of county funding of the juvenile court and of | 98823 |
| any programs or services for delinquent children, unruly | 98824 |
| children, or juvenile traffic offenders. | 98825 |
| (2)(a) A county and the juvenile court that serves the county | 98826 |
| shall use the moneys in its felony delinquent care and custody | 98827 |
| fund in accordance with rules that the department of youth | 98828 |
| services adopts pursuant to division (D) of section 5139.04 of the | 98829 |
| Revised Code and as follows: | 98830 |
| (i) The moneys in the fund that represent state subsidy funds | 98831 |
| granted to the county pursuant to section 5139.34 of the Revised | 98832 |
| Code shall be used to aid in the support of prevention, early | 98833 |
| intervention, diversion, treatment, and rehabilitation programs | 98834 |
| that are provided for alleged or adjudicated unruly children or | 98835 |
| delinquent children or for children who are at risk of becoming | 98836 |
| unruly children or delinquent children. The county shall not use | 98837 |
| for capital improvements more than fifteen per cent of the moneys | 98838 |
| in the fund that represent the applicable annual grant of those | 98839 |
| state subsidy funds. | 98840 |
| (ii) The moneys in the fund that were disbursed to the | 98841 |
| juvenile court pursuant to division (B) of section 5139.41 of the | 98842 |
| Revised Code and deposited pursuant to division (B)(1) of this | 98843 |
| section in the fund shall be used to provide programs and services | 98844 |
| for the training, treatment, or rehabilitation of felony | 98845 |
| delinquents that are alternatives to their commitment to the | 98846 |
| department, including, but not limited to, community residential | 98847 |
| programs, day treatment centers, services within the home, and | 98848 |
| electronic monitoring, and shall be used in connection with | 98849 |
| training, treatment, rehabilitation, early intervention, or other | 98850 |
| programs or services for any delinquent child, unruly child, or | 98851 |
| juvenile traffic offender who is under the jurisdiction of the | 98852 |
| juvenile court. | 98853 |
| The fund also may be used for prevention, early intervention, | 98854 |
| diversion, treatment, and rehabilitation programs that are | 98855 |
| provided for alleged or adjudicated unruly children, delinquent | 98856 |
| children, or juvenile traffic offenders or for children who are at | 98857 |
| risk of becoming unruly children, delinquent children, or juvenile | 98858 |
| traffic offenders. Consistent with division (B)(1) of this | 98859 |
| section, a county and the juvenile court of a county shall not use | 98860 |
| any of those moneys for capital construction projects. | 98861 |
| (iii) Moneys in the fund shall not be used to support | 98862 |
| programs or services that do not comply with federal juvenile | 98863 |
| justice and delinquency prevention core requirements or to support | 98864 |
| programs or services that research has shown to be ineffective. | 98865 |
| (iv) The county and the juvenile court that serves the | 98866 |
| county may use moneys in the fund to provide out-of-home | 98867 |
| placement of children only in detention centers, community | 98868 |
| rehabilitation centers, or community corrections facilities | 98869 |
| approved by the department pursuant to standards adopted by the | 98870 |
| department, licensed by an authorized state agency, or accredited | 98871 |
| by the American correctional association or another national | 98872 |
| organization recognized by the department. | 98873 |
| (b) Each juvenile court shall comply with division (B)(3)(d) | 98874 |
| of this section as implemented by the department. If a juvenile | 98875 |
| court fails to comply with division (B)(3)(d) of this section, the | 98876 |
| department shall not be required to make any disbursements in | 98877 |
| accordance with division (C) or (D) of section 5139.41 or division | 98878 |
| (C)(2) of section 5139.34 of the Revised Code. | 98879 |
| (3) In accordance with rules adopted by the department | 98880 |
| pursuant to division (D) of section 5139.04 of the Revised Code, | 98881 |
| each juvenile court and the county served by that juvenile court | 98882 |
| shall do all of the following that apply: | 98883 |
| (a) The juvenile court shall prepare an annual grant | 98884 |
| agreement and application for funding that satisfies the | 98885 |
| requirements of this section and section 5139.34 of the Revised | 98886 |
| Code and that pertains to the use, upon an order of the juvenile | 98887 |
| court and subject to appropriation by the board of county | 98888 |
| commissioners, of the moneys in its felony delinquent care and | 98889 |
| custody fund for specified programs, care, and services as | 98890 |
| described in division (B)(2)(a) of this section, shall submit that | 98891 |
| agreement and application to the county family and children first | 98892 |
| council, the regional family and children first council, or the | 98893 |
| local intersystem services to children cluster as described in | 98894 |
| sections 121.37 and 121.38 of the Revised Code, whichever is | 98895 |
| applicable, and shall file that agreement and application with the | 98896 |
| department for its approval. The annual grant agreement and | 98897 |
| application for funding shall include a method of ensuring equal | 98898 |
| access for minority youth to the programs, care, and services | 98899 |
| specified in it. | 98900 |
| The department may approve an annual grant agreement and | 98901 |
| application for funding only if the juvenile court involved has | 98902 |
| complied with the preparation, submission, and filing requirements | 98903 |
| described in division (B)(3)(a) of this section. If the juvenile | 98904 |
| court complies with those requirements and the department approves | 98905 |
| that agreement and application, the juvenile court and the county | 98906 |
| served by the juvenile court may expend the state subsidy funds | 98907 |
| granted to the county pursuant to section 5139.34 of the Revised | 98908 |
| Code only in accordance with division (B)(2)(a) of this section, | 98909 |
| the rules pertaining to state subsidy funds that the department | 98910 |
| adopts pursuant to division (D) of section 5139.04 of the Revised | 98911 |
| Code, and the approved agreement and application. | 98912 |
| (b) By the thirty-first day of August of each year, the | 98913 |
| juvenile court shall file with the department a report that | 98914 |
| contains all of the statistical and other information for each | 98915 |
| month of the prior state fiscal year. If the juvenile court fails | 98916 |
| to file the report required by division (B)(3)(b) of this section | 98917 |
| by the thirty-first day of August of any year, the department | 98918 |
| shall not disburse any payment of state subsidy funds to which the | 98919 |
| county otherwise is entitled pursuant to section 5139.34 of the | 98920 |
| Revised Code and shall not disburse pursuant to division (B) of | 98921 |
| section 5139.41 of the Revised Code the applicable allocation | 98922 |
| until the juvenile court fully complies with division (B)(3)(b) of | 98923 |
| this section. | 98924 |
| (c) If the department requires the juvenile court to prepare | 98925 |
| monthly statistical reports and to submit the reports on forms | 98926 |
| provided by the department, the juvenile court shall file those | 98927 |
| reports with the department on the forms so provided. If the | 98928 |
| juvenile court fails to prepare and submit those monthly | 98929 |
| statistical reports within the department's timelines, the | 98930 |
| department shall not disburse any payment of state subsidy funds | 98931 |
| to which the county otherwise is entitled pursuant to section | 98932 |
| 5139.34 of the Revised Code and shall not disburse pursuant to | 98933 |
| division (B) of section 5139.41 of the Revised Code the applicable | 98934 |
| allocation until the juvenile court fully complies with division | 98935 |
| (B)(3)(c) of this section. If the juvenile court fails to prepare | 98936 |
| and submit those monthly statistical reports within one hundred | 98937 |
| eighty days of the date the department establishes for their | 98938 |
| submission, the department shall not disburse any payment of state | 98939 |
| subsidy funds to which the county otherwise is entitled pursuant | 98940 |
| to section 5139.34 of the Revised Code and shall not disburse | 98941 |
| pursuant to division (B) of section 5139.41 of the Revised Code | 98942 |
| the applicable allocation, and the state subsidy funds and the | 98943 |
| remainder of the applicable allocation shall revert to the | 98944 |
| department. If a juvenile court states in a monthly statistical | 98945 |
| report that the juvenile court adjudicated within a state fiscal | 98946 |
| year five hundred or more children to be delinquent children for | 98947 |
| committing acts that would be felonies if committed by adults and | 98948 |
| if the department determines that the data in the report may be | 98949 |
| inaccurate, the juvenile court shall have an independent auditor | 98950 |
| or other qualified entity certify the accuracy of the data on a | 98951 |
| date determined by the department. | 98952 |
| (d) If the department requires the juvenile court and the | 98953 |
| county to participate in a fiscal monitoring program or another | 98954 |
| monitoring program that is conducted by the department to ensure | 98955 |
| compliance by the juvenile court and the county with division (B) | 98956 |
| of this section, the juvenile court and the county shall | 98957 |
| participate in the program and fully comply with any guidelines | 98958 |
| for the performance of audits adopted by the department pursuant | 98959 |
| to that program and all requests made by the department pursuant | 98960 |
| to that program for information necessary to reconcile fiscal | 98961 |
| accounting. If an audit that is performed pursuant to a fiscal | 98962 |
| monitoring program or another monitoring program described in this | 98963 |
| division determines that the juvenile court or the county used | 98964 |
| moneys in the county's felony delinquent care and custody fund for | 98965 |
| expenses that are not authorized under division (B) of this | 98966 |
| section, within forty-five days after the department notifies the | 98967 |
| county of the unauthorized expenditures, the county either shall | 98968 |
| repay the amount of the unauthorized expenditures from the county | 98969 |
| general revenue fund to the state's general revenue fund or shall | 98970 |
| file a written appeal with the department. If an appeal is timely | 98971 |
| filed, the director of the department shall render a decision on | 98972 |
| the appeal and shall notify the appellant county or its juvenile | 98973 |
| court of that decision within forty-five days after the date that | 98974 |
| the appeal is filed. If the director denies an appeal, the | 98975 |
| county's fiscal agent shall repay the amount of the unauthorized | 98976 |
| expenditures from the county general revenue fund to the state's | 98977 |
| general revenue fund within thirty days after receiving the | 98978 |
| director's notification of the appeal decision. | 98979 |
| (C) The determination of which county a reduction of the | 98980 |
| care and custody allocation will be charged against for a | 98981 |
| particular youth shall be made as outlined below for all youths | 98982 |
| who do not qualify as public safety beds. The determination of | 98983 |
| which county a reduction of the care and custody allocation will | 98984 |
| be charged against shall be made as follows until each youth is | 98985 |
| released: | 98986 |
| (1) In the event of a commitment, the reduction shall be | 98987 |
| charged against the committing county. | 98988 |
| (2) In the event of a recommitment, the reduction shall be | 98989 |
| charged against the original committing county until the | 98990 |
| expiration of the minimum period of institutionalization under the | 98991 |
| original order of commitment or until the date on which the youth | 98992 |
| is admitted to the department of youth services pursuant to the | 98993 |
| order of recommitment, whichever is later. Reductions of the | 98994 |
| allocation shall be charged against the county that recommitted | 98995 |
| the youth after the minimum expiration date of the original | 98996 |
| commitment. | 98997 |
| (3) In the event of a revocation of a release on parole, the | 98998 |
| reduction shall be charged against the county that revokes the | 98999 |
| youth's parole. | 99000 |
| (D) A juvenile court is not precluded by its allocation | 99001 |
| amount for the care and custody of felony delinquents from | 99002 |
| committing a felony delinquent to the department of youth services | 99003 |
| for care and custody in an institution or a community corrections | 99004 |
| facility when the juvenile court determines that the commitment is | 99005 |
| appropriate. | 99006 |
| Sec. 5155.38. As used in this section, "long-term care bed" | 99007 |
| has the same meaning as in section 3702.51 of the Revised Code. | 99008 |
| The operator of each county home and each county nursing home | 99009 |
| shall, not later than November 1, 2009, certify to the director of | 99010 |
| health the number of long-term care beds that were in operation in | 99011 |
| the home on July 1, 1993. The certification shall be accompanied | 99012 |
| by any documentation requested by the director. | 99013 |
| Sec. 5501.04. The following divisions are hereby established | 99014 |
| in the department of transportation: | 99015 |
| (A) The division of business services; | 99016 |
| (B) The division of engineering policy; | 99017 |
| (C) The division of finance; | 99018 |
| (D) The division of human resources; | 99019 |
| (E) The division of information technology; | 99020 |
| (F) The division of multi-modal planning and programs; | 99021 |
| (G) The division of project management; | 99022 |
| (H) The division of equal opportunity. | 99023 |
| The director of transportation shall distribute the duties, | 99024 |
| powers, and functions of the department among the divisions of the | 99025 |
| department. | 99026 |
| Each division shall be headed by a deputy director, whose | 99027 |
| title shall be designated by the director, and shall include those | 99028 |
| other officers and employees as may be necessary to carry out the | 99029 |
| work of the division. The director shall appoint the deputy | 99030 |
| director of each division, who shall be in the unclassified civil | 99031 |
| service of the state and shall serve at the pleasure of the | 99032 |
| director. The director shall supervise the work of each division | 99033 |
| and shall be responsible for the determination of general policies | 99034 |
| in the performance of the duties, powers, and functions of the | 99035 |
| department and of each division. The director shall have complete | 99036 |
| executive charge of the department, shall be responsible for the | 99037 |
| organization, direction, and supervision of the work of the | 99038 |
| department and the performance of the duties, powers, and | 99039 |
| functions assigned to each division, and may establish necessary | 99040 |
| administrative units therein. The deputy director of each | 99041 |
| division, with the approval of the director and subject to Chapter | 99042 |
| 124. of the Revised Code, shall appoint the necessary employees of | 99043 |
| the division and may remove such employees for cause. | 99044 |
| The division of equal opportunity shall ensure that minority | 99045 |
| groups and all groups protected by state and federal civil rights | 99046 |
| laws are afforded equal opportunity to be recruited, trained, and | 99047 |
| work in the employment of or on projects of the department of | 99048 |
| transportation, and to participate in contracts awarded by the | 99049 |
| department. The director of transportation each year shall report | 99050 |
| to the governor and the general assembly on the division's | 99051 |
| activities and accomplishments. | 99052 |
| Sec. 5502.01. (A) The department of public safety shall | 99053 |
| administer and enforce the laws relating to the registration, | 99054 |
| licensing, sale, and operation of motor vehicles and the laws | 99055 |
| pertaining to the licensing of drivers of motor vehicles. | 99056 |
| The department shall compile, analyze, and publish statistics | 99057 |
| relative to motor vehicle accidents and the causes of them, | 99058 |
| prepare and conduct educational programs for the purpose of | 99059 |
| promoting safety in the operation of motor vehicles on the | 99060 |
| highways, and conduct research and studies for the purpose of | 99061 |
| promoting safety on the highways of this state. | 99062 |
| (B) The department shall administer the laws and rules | 99063 |
| relative to trauma and emergency medical services specified in | 99064 |
| Chapter 4765. of the Revised Code. | 99065 |
| (C) The department shall administer and enforce the laws | 99066 |
| contained in Chapters 4301. and 4303. of the Revised Code and | 99067 |
| enforce the rules and orders of the liquor control commission | 99068 |
| pertaining to retail liquor permit holders. | 99069 |
| (D) The department shall administer the laws governing the | 99070 |
| state emergency management agency and shall enforce all additional | 99071 |
| duties and responsibilities as prescribed in the Revised Code | 99072 |
| related to emergency management services. | 99073 |
| (E) The department shall conduct investigations pursuant to | 99074 |
| Chapter 5101. of the Revised Code in support of the duty of the | 99075 |
|
department of
job and family
services to administer | 99076 |
| 99077 | |
| this state. The department of public safety shall conduct | 99078 |
| investigations necessary to protect the state's property rights | 99079 |
|
and interests in the | 99080 |
| program. | 99081 |
| (F) The department of public safety shall enforce compliance | 99082 |
| with orders and rules of the public utilities commission and | 99083 |
| applicable laws in accordance with Chapters 4919., 4921., and | 99084 |
| 4923. of the Revised Code regarding commercial motor vehicle | 99085 |
| transportation safety, economic, and hazardous materials | 99086 |
| requirements. | 99087 |
| (G) Notwithstanding Chapter 4117. of the Revised Code, the | 99088 |
| department of public safety may establish requirements for its | 99089 |
| enforcement personnel, including its enforcement agents described | 99090 |
| in section 5502.14 of the Revised Code, that include standards of | 99091 |
| conduct, work rules and procedures, and criteria for eligibility | 99092 |
| as law enforcement personnel. | 99093 |
| (H) The department shall administer, maintain, and operate | 99094 |
| the Ohio criminal justice network. The Ohio criminal justice | 99095 |
| network shall be a computer network that supports state and local | 99096 |
| criminal justice activities. The network shall be an electronic | 99097 |
| repository for various data, which may include arrest warrants, | 99098 |
| notices of persons wanted by law enforcement agencies, criminal | 99099 |
| records, prison inmate records, stolen vehicle records, vehicle | 99100 |
| operator's licenses, and vehicle registrations and titles. | 99101 |
| (I) The department shall coordinate all homeland security | 99102 |
| activities of all state agencies and shall be a liaison between | 99103 |
| state agencies and local entities for those activities and related | 99104 |
| purposes. | 99105 |
| (J) Beginning July 1, 2004, the department shall administer | 99106 |
| and enforce the laws relative to private investigators and | 99107 |
| security service providers specified in Chapter 4749. of the | 99108 |
| Revised Code. | 99109 |
| (K) The department shall administer criminal justice services | 99110 |
| in accordance with sections 5502.61 to 5502.66 of the Revised | 99111 |
| Code. | 99112 |
| Sec. 5502.12. The accident reports submitted pursuant to | 99113 |
| section 5502.11 of the Revised Code shall be for the use of the | 99114 |
| director of public safety for purposes of statistical, safety, and | 99115 |
| other studies. The law enforcement agency that submitted a report | 99116 |
| shall furnish a copy of such report and associated documents to | 99117 |
| any person claiming an interest arising out of a motor vehicle | 99118 |
| accident, or to the person's attorney, upon the payment of a | 99119 |
|
nonrefundable fee
| 99120 |
| respect to accidents investigated by the state highway patrol, the | 99121 |
| director of public safety shall furnish to such person all related | 99122 |
| reports and statements upon the payment of a nonrefundable fee of | 99123 |
| four dollars. The cost of photographs or any other electronic | 99124 |
| format shall be a four-dollar fee in addition to the nonrefundable | 99125 |
| four-dollar fee for the accident report, whether the report was | 99126 |
| submitted by the state highway patrol or another law enforcement | 99127 |
| agency. | 99128 |
| Such state highway patrol reports, statements, and | 99129 |
| photographs, in the discretion of the director of public safety, | 99130 |
| may be withheld until all criminal prosecution has been concluded; | 99131 |
| the director of public safety may require proof, satisfactory to | 99132 |
| the director, of the right of any applicant to be furnished such | 99133 |
| documents. | 99134 |
| Sec. 5502.14. (A) As used in this section, "felony" has the | 99135 |
| same meaning as in section 109.511 of the Revised Code. | 99136 |
| (B)(1) Any person who is employed by the department of public | 99137 |
| safety and designated by the director of public safety to enforce | 99138 |
| Title XLIII of the Revised Code, the rules adopted under it, and | 99139 |
|
the laws and rules
regulating the use of | 99140 |
| nutrition assistance program benefits shall be known as an | 99141 |
| enforcement agent. The employment by the department of public | 99142 |
| safety and the designation by the director of public safety of a | 99143 |
| person as an enforcement agent shall be subject to division (D) of | 99144 |
| this section. An enforcement agent has the authority vested in | 99145 |
| peace officers pursuant to section 2935.03 of the Revised Code to | 99146 |
| keep the peace, to enforce all applicable laws and rules on any | 99147 |
| retail liquor permit premises, or on any other premises of public | 99148 |
| or private property, where a violation of Title XLIII of the | 99149 |
| Revised Code or any rule adopted under it is occurring, and to | 99150 |
|
enforce all laws and
rules governing the use of
| 99151 |
| supplemental nutrition assistance program benefits, women, | 99152 |
| infants, and children's coupons, electronically transferred | 99153 |
| benefits, or any other access device that is used alone or in | 99154 |
| conjunction with another access device to obtain payments, | 99155 |
| allotments, benefits, money, goods, or other things of value, or | 99156 |
| that can be used to initiate a transfer of funds, pursuant to the | 99157 |
| 99158 | |
|
under the
| 99159 |
| 2008 (7
U.S.C. | 99160 |
| food program administered by any department of this state pursuant | 99161 |
| to the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. | 99162 |
| 1786. Enforcement agents, in enforcing compliance with the laws | 99163 |
| and rules described in this division, may keep the peace and make | 99164 |
| arrests for violations of those laws and rules. | 99165 |
| (2) In addition to the authority conferred by division (B)(1) | 99166 |
| of this section, an enforcement agent also may execute search | 99167 |
| warrants and seize and take into custody any contraband, as | 99168 |
| defined in section 2901.01 of the Revised Code, or any property | 99169 |
| that is otherwise necessary for evidentiary purposes related to | 99170 |
| any violations of the laws or rules described in division (B)(1) | 99171 |
| of this section. An enforcement agent may enter public or private | 99172 |
| premises where activity alleged to violate the laws or rules | 99173 |
| described in division (B)(1) of this section is occurring. | 99174 |
| (3) Enforcement agents who are on, immediately adjacent to, | 99175 |
| or across from retail liquor permit premises and who are | 99176 |
| performing investigative duties relating to that premises, | 99177 |
| enforcement agents who are on premises that are not liquor permit | 99178 |
| premises but on which a violation of Title XLIII of the Revised | 99179 |
| Code or any rule adopted under it allegedly is occurring, and | 99180 |
| enforcement agents who view a suspected violation of Title XLIII | 99181 |
| of the Revised Code, of a rule adopted under it, or of another law | 99182 |
| or rule described in division (B)(1) of this section have the | 99183 |
| authority to enforce the laws and rules described in division | 99184 |
| (B)(1) of this section, authority to enforce any section in Title | 99185 |
| XXIX of the Revised Code or any other section of the Revised Code | 99186 |
| listed in section 5502.13 of the Revised Code if they witness a | 99187 |
| violation of the section under any of the circumstances described | 99188 |
| in this division, and authority to make arrests for violations of | 99189 |
| the laws and rules described in division (B)(1) of this section | 99190 |
| and violations of any of those sections. | 99191 |
| (4) The jurisdiction of an enforcement agent under division | 99192 |
| (B) of this section shall be concurrent with that of the peace | 99193 |
| officers of the county, township, or municipal corporation in | 99194 |
| which the violation occurs. | 99195 |
| (C) Enforcement agents of the department of public safety who | 99196 |
| are engaged in the enforcement of the laws and rules described in | 99197 |
| division (B)(1) of this section may carry concealed weapons when | 99198 |
| conducting undercover investigations pursuant to their authority | 99199 |
| as law enforcement officers and while acting within the scope of | 99200 |
| their authority pursuant to this chapter. | 99201 |
| (D)(1) The department of public safety shall not employ, and | 99202 |
| the director of public safety shall not designate, a person as an | 99203 |
| enforcement agent on a permanent basis, on a temporary basis, for | 99204 |
| a probationary term, or on other than a permanent basis if the | 99205 |
| person previously has been convicted of or has pleaded guilty to a | 99206 |
| felony. | 99207 |
| (2)(a) The department of public safety shall terminate the | 99208 |
| employment of a person who is designated as an enforcement agent | 99209 |
| and who does either of the following: | 99210 |
| (i) Pleads guilty to a felony; | 99211 |
| (ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 99212 |
| plea agreement as provided in division (D) of section 2929.43 of | 99213 |
| the Revised Code in which the enforcement agent agrees to | 99214 |
| surrender the certificate awarded to that agent under section | 99215 |
| 109.77 of the Revised Code. | 99216 |
| (b) The department shall suspend the employment of a person | 99217 |
| who is designated as an enforcement agent if the person is | 99218 |
| convicted, after trial, of a felony. If the enforcement agent | 99219 |
| files an appeal from that conviction and the conviction is upheld | 99220 |
| by the highest court to which the appeal is taken or if no timely | 99221 |
| appeal is filed, the department shall terminate the employment of | 99222 |
| that agent. If the enforcement agent files an appeal that results | 99223 |
| in that agent's acquittal of the felony or conviction of a | 99224 |
| misdemeanor, or in the dismissal of the felony charge against the | 99225 |
| agent, the department shall reinstate the agent. An enforcement | 99226 |
| agent who is reinstated under division (D)(2)(b) of this section | 99227 |
| shall not receive any back pay unless the conviction of that agent | 99228 |
| of the felony was reversed on appeal, or the felony charge was | 99229 |
| dismissed, because the court found insufficient evidence to | 99230 |
| convict the agent of the felony. | 99231 |
| (3) Division (D) of this section does not apply regarding an | 99232 |
| offense that was committed prior to January 1, 1997. | 99233 |
| (4) The suspension or termination of the employment of a | 99234 |
| person designated as an enforcement agent under division (D)(2) of | 99235 |
| this section shall be in accordance with Chapter 119. of the | 99236 |
| Revised Code. | 99237 |
| Sec. 5502.15. Any funding provided or made available by the | 99238 |
| United States or by any agency designated and authorized by the | 99239 |
| United States government for the purposes of enforcing compliance | 99240 |
|
with | 99241 |
| shall be expended by the department of public safety for those | 99242 |
| purposes. | 99243 |
| Sec. 5505.15. (A)(1) A member of the state highway patrol | 99244 |
| retirement system shall contribute ten per cent of the member's | 99245 |
| annual salary to the state highway patrol retirement fund. The | 99246 |
| amount shall be deducted by the employer from the employee's | 99247 |
| salary for each payroll period. | 99248 |
| (2) The total contributions arising from deductions made | 99249 |
| prior to January 1, 1966, from the salaries of members in the | 99250 |
| employ of the state highway patrol and standing to the credit of | 99251 |
| their individual accounts in the retirement fund shall be | 99252 |
| transferred and credited to their respective individual accounts | 99253 |
| in the employees' savings fund. | 99254 |
| (B) The state shall annually pay into the employer | 99255 |
| accumulation fund, in monthly or less frequent installments as the | 99256 |
|
state highway patrol retirement board requires, | 99257 |
| 99258 | |
| 99259 | |
|
contribution. | 99260 |
| to twenty-six and one-half per cent of the total salaries paid | 99261 |
| contributing members. If a member severs connection with the | 99262 |
| patrol or is dismissed, the employer contribution shall remain in | 99263 |
| the retirement system. | 99264 |
| The rate percentage of the employer contribution shall be | 99265 |
| certified by the board to the director of budget and management | 99266 |
| and shall not be lower than nine per cent of the total salaries | 99267 |
| paid contributing members and shall not exceed three times the | 99268 |
| rate percentage being deducted from the annual salaries of | 99269 |
| contributing members. The board shall prepare and submit to the | 99270 |
| director, on or before the first day of November of each | 99271 |
| even-numbered year, an estimate of the amounts necessary to pay | 99272 |
| the state's obligations accruing during the biennium beginning the | 99273 |
| first day of July of the following year. Such amounts shall be | 99274 |
| included in the budget and allocated as certified by the board. | 99275 |
| Sec. 5505.152. (A) As used in this section, "entry age | 99276 |
| normal actuarial cost method" means an actuarial cost method under | 99277 |
| which the actuarial present value of the projected benefits of | 99278 |
| each individual included in the valuation is allocated on a level | 99279 |
| basis over the earnings or service of the individual between the | 99280 |
| entry age and the assumed exit age, with the portion of the | 99281 |
| actuarial present value that is allocated to the valuation year to | 99282 |
| be the normal cost and the portion of the actuarial present value | 99283 |
| not provided for at the valuation date by the actuarial present | 99284 |
| value of future normal costs to be the actuarial accrued | 99285 |
| liability. Under this method, the actuarial gains or losses are | 99286 |
| reflected as they occur in a decrease or increase in the unfunded | 99287 |
| actuarial accrued liability. | 99288 |
| (B) The Ohio retirement study council shall annually review | 99289 |
| the adequacy of the contribution rates provided under divisions | 99290 |
| (A) and (B) of section 5505.15 of the Revised Code and the | 99291 |
| contribution rates recommended in a report by the actuary of the | 99292 |
| state highway patrol retirement system for the forthcoming year. | 99293 |
| The actuarial calculations used by the actuary shall be based | 99294 |
| on the entry age normal actuarial cost method, and the adequacy of | 99295 |
| the contribution rates shall be reported on the basis of that | 99296 |
| method. The Ohio retirement study council shall make | 99297 |
| recommendations to the general assembly that it finds necessary | 99298 |
| for the proper financing of the benefits of the state highway | 99299 |
| patrol retirement system. | 99300 |
| Sec. 5701.11. The effective date to which this section | 99301 |
|
refers is the effective date of this section as amended by
| 99302 |
|
H.B. | 99303 |
| (A)(1) Except as provided under division (A)(2) or (B) of | 99304 |
| this section, any reference in Title LVII of the Revised Code to | 99305 |
| the Internal Revenue Code, to the Internal Revenue Code "as | 99306 |
| amended," to other laws of the United States, or to other laws of | 99307 |
| the United States, "as amended," means the Internal Revenue Code | 99308 |
| or other laws of the United States as they exist on the effective | 99309 |
| date. | 99310 |
| (2) This section does not apply to any reference in Title | 99311 |
| LVII of the Revised Code to the Internal Revenue Code as of a date | 99312 |
| certain specifying the day, month, and year, or to other laws of | 99313 |
| the United States as of a date certain specifying the day, month, | 99314 |
| and year. | 99315 |
| (B)(1) For purposes of applying section 5733.04, 5745.01, or | 99316 |
| 5747.01 of the Revised Code to a taxpayer's taxable year ending | 99317 |
|
after December | 99318 |
| a taxpayer may irrevocably elect to incorporate the provisions | 99319 |
| of the Internal Revenue Code or other laws of the United States | 99320 |
| that are in effect for federal income tax purposes for that | 99321 |
| taxable year if those provisions differ from the provisions | 99322 |
| that, under division (A) of this section, would otherwise apply. | 99323 |
| The filing by the taxpayer for that taxable year of a report or | 99324 |
| return that incorporates the provisions of the Internal Revenue | 99325 |
| Code or other laws of the United States applicable for federal | 99326 |
| income tax purposes for that taxable year, and that does not | 99327 |
| include any adjustments to reverse the effects of any | 99328 |
| differences between those provisions and the provisions that | 99329 |
| would otherwise apply, constitutes the making of an irrevocable | 99330 |
| election under this division for that taxable year. | 99331 |
| (2) Elections under prior versions of division (B)(1) of this | 99332 |
| section remain in effect for the taxable years to which they | 99333 |
| apply. | 99334 |
| Sec. 5703.05. All powers, duties, and functions of the | 99335 |
| department of taxation are vested in and shall be performed by the | 99336 |
| tax commissioner, which powers, duties, and functions shall | 99337 |
| include, but shall not be limited to, the following: | 99338 |
| (A) Prescribing all blank forms which the department is | 99339 |
| authorized to prescribe, and to provide such forms and distribute | 99340 |
| the same as required by law and the rules of the department. The | 99341 |
| tax commissioner shall include a mail-in registration form | 99342 |
| prescribed in section 3503.14 of the Revised Code within the | 99343 |
| return and instructions for the tax levied in odd-numbered years | 99344 |
| under section 5747.02 of the Revised Code, beginning with the tax | 99345 |
| levied for 1995. The secretary of state shall bear all costs for | 99346 |
| the inclusion of the mail-in registration form. That form shall be | 99347 |
| addressed for return to the office of the secretary of state. | 99348 |
| (B) Exercising the authority provided by law, including | 99349 |
| orders from bankruptcy courts, relative to remitting or refunding | 99350 |
| taxes or assessments, including penalties and interest thereon, | 99351 |
| illegally or erroneously assessed or collected, or for any other | 99352 |
| reason overpaid, and in addition, the commissioner may on written | 99353 |
| application of any person, firm, or corporation claiming to have | 99354 |
| overpaid to the treasurer of state at any time within five years | 99355 |
| prior to the making of such application any tax payable under any | 99356 |
| law which the department of taxation is required to administer | 99357 |
| which does not contain any provision for refund, or on the | 99358 |
| commissioner's own motion investigate the facts and make in | 99359 |
| triplicate a written statement of the commissioner's findings, | 99360 |
| and, if the commissioner finds that there has been an overpayment, | 99361 |
| issue in triplicate a certificate of abatement payable to the | 99362 |
| taxpayer, the taxpayer's assigns, or legal representative which | 99363 |
| shows the amount of the overpayment and the kind of tax overpaid. | 99364 |
| One copy of such statement shall be entered on the journal of the | 99365 |
| commissioner, one shall be certified to the attorney general, and | 99366 |
| one certified copy shall be delivered to the taxpayer. All copies | 99367 |
| of the certificate of abatement shall be transmitted to the | 99368 |
| attorney general, and if the attorney general finds it to be | 99369 |
| correct the attorney general shall so certify on each copy, and | 99370 |
| deliver one copy to the taxpayer, one copy to the commissioner, | 99371 |
| and the third copy to the treasurer of state. Except as provided | 99372 |
| in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's | 99373 |
| copy of any certificates of abatement may be tendered by the payee | 99374 |
| or transferee thereof to the treasurer of state as payment, to the | 99375 |
| extent of the amount thereof, of any tax payable to the treasurer | 99376 |
| of state. | 99377 |
| (C) Exercising the authority provided by law relative to | 99378 |
| consenting to the compromise and settlement of tax claims; | 99379 |
| (D) Exercising the authority provided by law relative to the | 99380 |
| use of alternative tax bases by taxpayers in the making of | 99381 |
| personal property tax returns; | 99382 |
| (E) Exercising the authority provided by law relative to | 99383 |
| authorizing the prepayment of taxes on retail sales of tangible | 99384 |
| personal property or on the storage, use, or consumption of | 99385 |
| personal property, and waiving the collection of such taxes from | 99386 |
| the consumers; | 99387 |
| (F) Exercising the authority provided by law to revoke | 99388 |
| licenses; | 99389 |
| (G) Maintaining a continuous study of the practical operation | 99390 |
| of all taxation and revenue laws of the state, the manner in which | 99391 |
| and extent to which such laws provide revenues for the support of | 99392 |
| the state and its political subdivisions, the probable effect upon | 99393 |
| such revenue of possible changes in existing laws, and the | 99394 |
| possible enactment of measures providing for other forms of | 99395 |
| taxation. For this purpose the commissioner may establish and | 99396 |
|
maintain a division of research and statistics | 99397 |
| 99398 | |
| 99399 | |
| members of the general assembly and the public. | 99400 |
| (H) Making all tax assessments, valuations, findings, | 99401 |
| determinations, computations, and orders the department of | 99402 |
| taxation is by law authorized and required to make and, pursuant | 99403 |
| to time limitations provided by law, on the commissioner's own | 99404 |
| motion, reviewing, redetermining, or correcting any tax | 99405 |
| assessments, valuations, findings, determinations, computations, | 99406 |
| or orders the commissioner has made, but the commissioner shall | 99407 |
| not review, redetermine, or correct any tax assessment, valuation, | 99408 |
| finding, determination, computation, or order which the | 99409 |
| commissioner has made as to which an appeal or application for | 99410 |
| rehearing, review, redetermination, or correction has been filed | 99411 |
| with the board of tax appeals, unless such appeal or application | 99412 |
| is withdrawn by the appellant or applicant or dismissed; | 99413 |
| (I) Appointing not more than five deputy tax commissioners, | 99414 |
| who, under such regulations as the rules of the department of | 99415 |
| taxation prescribe, may act for the commissioner in the | 99416 |
| performance of such duties as the commissioner prescribes in the | 99417 |
| administration of the laws which the commissioner is authorized | 99418 |
| and required to administer, and who shall serve in the | 99419 |
| unclassified civil service at the pleasure of the commissioner, | 99420 |
| but if a person who holds a position in the classified service is | 99421 |
| appointed, it shall not affect the civil service status of such | 99422 |
| person. The commissioner may designate not more than two of the | 99423 |
| deputy commissioners to act as commissioner in case of the | 99424 |
| absence, disability, or recusal of the commissioner or vacancy in | 99425 |
| the office of commissioner. The commissioner may adopt rules | 99426 |
| relating to the order of precedence of such designated deputy | 99427 |
| commissioners and to their assumption and administration of the | 99428 |
| office of commissioner. | 99429 |
| (J) Appointing and prescribing the duties of all other | 99430 |
| employees of the department of taxation necessary in the | 99431 |
| performance of the work of the department which the tax | 99432 |
| commissioner is by law authorized and required to perform, and | 99433 |
| creating such divisions or sections of employees as, in the | 99434 |
| commissioner's judgment, is proper; | 99435 |
| (K) Organizing the work of the department, which the | 99436 |
| commissioner is by law authorized and required to perform, so | 99437 |
| that, in the commissioner's judgment, an efficient and economical | 99438 |
| administration of the laws will result; | 99439 |
| (L) Maintaining a journal, which is open to public | 99440 |
| inspection, in which the tax commissioner shall keep a record of | 99441 |
| all final determinations of the commissioner; | 99442 |
| (M) Adopting and promulgating, in the manner provided by | 99443 |
| section 5703.14 of the Revised Code, all rules of the department, | 99444 |
| including rules for the administration of sections 3517.16, | 99445 |
| 3517.17, and 5747.081 of the Revised Code; | 99446 |
| (N) Destroying any or all returns or assessment certificates | 99447 |
| in the manner authorized by law; | 99448 |
| (O) Adopting rules, in accordance with division (B) of | 99449 |
| section 325.31 of the Revised Code, governing the expenditure of | 99450 |
| moneys from the real estate assessment fund under that division. | 99451 |
| Sec. 5703.37. | 99452 |
| (B) of this section, whenever service of a notice or order is | 99453 |
|
required in the manner provided in
this
section, a
| 99454 |
|
of
the
| 99455 |
|
affected
thereby
either
by
personal
service or
by
certified mail | 99456 |
| 99457 | |
| 99458 | |
| 99459 | |
| 99460 | |
| 99461 | |
| 99462 | |
| delivery. | 99463 |
| (2) With the permission of the person affected by the notice | 99464 |
| or order, the commissioner may enter into a written agreement to | 99465 |
| deliver a notice or order by alternative means as provided in this | 99466 |
| section, including, but not limited to, delivery by secure | 99467 |
| electronic mail. Delivery by such means satisfies the requirements | 99468 |
| for delivery under this section. | 99469 |
| (B)(1)(a) If certified mail is returned because of an | 99470 |
| undeliverable address, the commissioner shall first utilize | 99471 |
| reasonable means to ascertain a new last known address, including | 99472 |
| the use of a change of address service offered by the United | 99473 |
| States postal service. An assessment is deemed final for the | 99474 |
| purposes of section 131.02 of the Revised Code sixty days after | 99475 |
| the notice or order sent by certified mail is first returned to | 99476 |
| the commissioner. If, after using reasonable means, the | 99477 |
| commissioner is unable to ascertain a new last known address, the | 99478 |
| commissioner shall certify the notice or order, if applicable, to | 99479 |
| the attorney general for collection under section 131.02 of the | 99480 |
| Revised Code. | 99481 |
| (b) Notwithstanding certification to the attorney general | 99482 |
| under division (B)(1)(a) of this section, once the commissioner or | 99483 |
| attorney general, or the designee of either, makes an initial | 99484 |
| contact with the person to whom the notice or order is directed, | 99485 |
| the person may protest an assessment by filing a petition for | 99486 |
| reassessment within sixty days after the initial contact. The | 99487 |
| certification of an assessment under division (B)(1)(a) of this | 99488 |
| section is prima-facie evidence that delivery is complete and that | 99489 |
| the notice or order is served. | 99490 |
| (2) If mailing of a notice or order by certified mail is | 99491 |
| returned for some cause other than an undeliverable address, the | 99492 |
| tax commissioner shall resend the notice or order by ordinary | 99493 |
| mail. The notice or order shall show the date the commissioner | 99494 |
| sends the notice or order and include the following statement: | 99495 |
| "This notice or order is deemed to be served on the addressee | 99496 |
| under applicable law ten days from the date this notice or order | 99497 |
| was mailed by the commissioner as shown on the notice or order, | 99498 |
| and all periods within which an appeal may be filed apply from and | 99499 |
| after that date." | 99500 |
| Unless the mailing is returned because of an undeliverable | 99501 |
| address, the mailing of that information is prima-facie evidence | 99502 |
| that delivery of the notice or order was completed ten days after | 99503 |
| the commissioner sent the notice or order by ordinary mail and | 99504 |
| that the notice or order was served. | 99505 |
| If the ordinary mail is subsequently returned because of an | 99506 |
| undeliverable address, the commissioner shall proceed under | 99507 |
| division (B)(1)(a) of this section. A person may challenge the | 99508 |
| presumption of delivery and service under this division in | 99509 |
| accordance with division (C) of this section. | 99510 |
| (C)(1) A person disputing the presumption of delivery and | 99511 |
| service under division (B) of this section bears the burden of | 99512 |
| proving by a preponderance of the evidence that the address to | 99513 |
| which the notice or order was sent was not an address with which | 99514 |
| the person was associated at the time the commissioner originally | 99515 |
| mailed the notice or order by certified mail. For the purposes of | 99516 |
| this section, a person is associated with an address if the person | 99517 |
| was residing or receiving legal documents at the address, or if a | 99518 |
| business was conducted at the address either by the person or the | 99519 |
| person's agent, or by any other person affiliated with the | 99520 |
| business, if the person owned or controlled at least twenty per | 99521 |
| cent of the business' ownership interests having voting rights. | 99522 |
| (2) If the person elects to protest an assessment certified | 99523 |
| to the attorney general for collection, the person must do so | 99524 |
| within sixty days after the attorney general's initial contact | 99525 |
| with the person. The attorney general must either enter into a | 99526 |
| compromise with the person under sections 131.02 and 5703.06 of | 99527 |
| the Revised Code, or send to the tax commissioner the person's | 99528 |
| petition for reassessment for action under the procedures | 99529 |
| prescribed by this title for petitions for reassessment. | 99530 |
| (D) Nothing in this section prohibits the tax commissioner or | 99531 |
| the commissioner's designee from delivering a notice or order by | 99532 |
| personal service. | 99533 |
| (E) Collection actions taken pursuant to section 131.02 of | 99534 |
| the Revised Code upon any assessment being challenged under | 99535 |
| division (B)(1)(b) of this section shall be stayed upon the | 99536 |
| pendency of an appeal under this section, but such a claim remains | 99537 |
| certified for subsequent collection by the attorney general for | 99538 |
| the purposes of this section and section 131.02 of the Revised | 99539 |
| Code. | 99540 |
| (F) As used in this section: | 99541 |
| (1) "Last known address" means the address the department has | 99542 |
| at the time the document is originally sent by certified mail, or | 99543 |
| any address the department can ascertain using reasonable means | 99544 |
| such as the use of a change of address service offered by the | 99545 |
| United States postal service. | 99546 |
| (2) "Undeliverable address" means an address to which the | 99547 |
| United States postal service is not able to deliver a notice or | 99548 |
| order, except when the reason for nondelivery is because the | 99549 |
| addressee fails to acknowledge or accept the notice or order. | 99550 |
| Sec. 5703.80. There is hereby created in the state treasury | 99551 |
| the property tax administration fund. All money to the credit of | 99552 |
| the fund shall be used to defray the costs incurred by the | 99553 |
| department of taxation in administering the taxation of property | 99554 |
| and the equalization of real property valuation. | 99555 |
| Each fiscal year between the first and fifteenth days of | 99556 |
| July, the tax commissioner shall compute the following amounts for | 99557 |
| the property in each taxing district in each county, and certify | 99558 |
| to the director of budget and management the sum of those amounts | 99559 |
| for all taxing districts in all counties: | 99560 |
|
(A) For fiscal year | 99561 |
| hundredths of one per cent of the total amount by which taxes | 99562 |
| charged against real property on the general tax list of real and | 99563 |
| public utility property were reduced under section 319.302 of the | 99564 |
| Revised Code for the preceding tax year; | 99565 |
|
(B) For fiscal year | 99566 |
| forty-eight hundredths of one per cent of the total amount by | 99567 |
| which taxes charged against real property on the general tax list | 99568 |
| of real and public utility property were reduced under section | 99569 |
| 319.302 of the Revised Code for the preceding tax year; | 99570 |
| (C) For fiscal year | 99571 |
| per cent of the total amount of taxes charged and payable against | 99572 |
| public utility personal property on the general tax list of real | 99573 |
| and public utility property for the preceding tax year and of the | 99574 |
| total amount of taxes charged and payable against tangible | 99575 |
| personal property on the general tax list of personal property of | 99576 |
| the preceding tax year and for which returns were filed with the | 99577 |
| tax commissioner under section 5711.13 of the Revised Code; | 99578 |
|
(D) For fiscal year | 99579 |
| 99580 | |
| the total amount of taxes charged and payable against public | 99581 |
| utility personal property on the general tax list of real and | 99582 |
| public utility property for the preceding tax year and of the | 99583 |
| total amount of taxes charged and payable against tangible | 99584 |
| personal property on the general tax list of personal property of | 99585 |
| the preceding tax year and for which returns were filed with the | 99586 |
|
tax commissioner under section 5711.13 of the Revised Code | 99587 |
| | 99588 |
| 99589 | |
| 99590 | |
| 99591 | |
| 99592 | |
| 99593 | |
| 99594 | |
| 99595 |
| | 99596 |
| 99597 | |
| 99598 | |
| 99599 | |
| 99600 | |
| 99601 | |
| 99602 | |
| 99603 | |
| 99604 |
| After receiving the tax commissioner's certification, the | 99605 |
| director of budget and management shall transfer from the general | 99606 |
| revenue fund to the property tax administration fund one-fourth of | 99607 |
| the amount certified on or before each of the following days: the | 99608 |
| first days of August, November, February, and May. | 99609 |
| On or before the thirtieth day of June of the fiscal year, | 99610 |
| the tax commissioner shall certify to the director of budget and | 99611 |
| management the sum of the amounts by which the amounts computed | 99612 |
| for a taxing district under this section exceeded the | 99613 |
| distributions to the taxing district under division (F) of section | 99614 |
| 321.24 of the Revised Code, and the director shall transfer that | 99615 |
| sum from the property tax administration fund to the general | 99616 |
| revenue fund. | 99617 |
| Sec. 5705.214. Not more than three elections during any | 99618 |
| calendar year shall include the questions by a school district of | 99619 |
| tax levies proposed under any one or any combination of the | 99620 |
| following sections: sections 5705.194, 5705.199, 5705.21, | 99621 |
|
5705.212, 5705.213, 5705.217, | 99622 |
| Revised Code. | 99623 |
| Sec. 5705.219. (A) As used in this section: | 99624 |
| (1) "Eligible school district" means a city, local, or | 99625 |
| exempted village school district in which the taxes charged and | 99626 |
| payable for current expenses on residential/agricultural real | 99627 |
| property in the tax year preceding the year in which the levy | 99628 |
| authorized by this section will be submitted for elector approval | 99629 |
| or rejection are greater than two per cent of the taxable value of | 99630 |
| the residential/agricultural real property. | 99631 |
| (2) "Residential/agricultural real property" and | 99632 |
| "nonresidential/agricultural real property" means the property | 99633 |
| classified as such under section 5713.041 of the Revised Code. | 99634 |
| (3) "Effective tax rate" and "taxes charged and payable" have | 99635 |
| the same meanings as in division (B) of section 319.301 of the | 99636 |
| Revised Code. | 99637 |
| (B) On or after January 1, 2010, but before January 1, 2015, | 99638 |
| the board of education of an eligible school district, by a vote | 99639 |
| of two-thirds of all its members, may adopt a resolution proposing | 99640 |
| to convert existing levies imposed for the purpose of current | 99641 |
| expenses into a levy raising a specified amount of tax money by | 99642 |
| repealing all or a portion of one or more of those existing levies | 99643 |
| and imposing a levy in excess of the ten-mill limitation that will | 99644 |
| raise a specified amount of money for current expenses of the | 99645 |
| district. | 99646 |
| The board of education shall certify a copy of the resolution | 99647 |
| to the tax commissioner not later than ninety days before the | 99648 |
| election upon which the repeal and levy authorized by this section | 99649 |
| will be proposed to the electors. Within ten days after receiving | 99650 |
| the copy of the resolution, the tax commissioner shall determine | 99651 |
| each of the following and certify the determinations to the board | 99652 |
| of education: | 99653 |
| (1) The dollar amount to be raised by the proposed levy, | 99654 |
| which shall be the product of: | 99655 |
| (a) The difference between the aggregate effective tax rate | 99656 |
| for residential/agricultural real property for the tax year | 99657 |
| preceding the year in which the repeal and levy will be proposed | 99658 |
| to the electors and twenty mills per dollar of taxable value; | 99659 |
| (b) The total taxable value of all property on the tax list | 99660 |
| of real and public utility property for the tax year preceding the | 99661 |
| year in which the repeal and levy will be proposed to the | 99662 |
| electors. | 99663 |
| (2) The estimated tax rate of the proposed levy. | 99664 |
| (3) The existing levies and any portion of an existing levy | 99665 |
| to be repealed upon approval of the question. Levies shall be | 99666 |
| repealed in reverse chronological order from most recently imposed | 99667 |
| to least recently imposed until the sum of the effective tax rates | 99668 |
| repealed for residential/agricultural real property is equal to | 99669 |
| the difference calculated in division (B)(1)(a) of this section. | 99670 |
| (4) The sum of the following: | 99671 |
| (a) The total taxable value of nonresidential/agricultural | 99672 |
| real property for the tax year preceding the year in which the | 99673 |
| repeal and levy will be proposed to the electors multiplied by the | 99674 |
| difference between (i) the aggregate effective tax rate for | 99675 |
| nonresidential/agricultural real property for the existing levies | 99676 |
| and any portion of an existing levy to be repealed and (ii) the | 99677 |
| amount determined under division (B)(1)(a) of this section, but | 99678 |
| not less than zero; | 99679 |
| (b) The total taxable value of public utility tangible | 99680 |
| personal property for the tax year preceding the year in which the | 99681 |
| repeal and levy will be proposed to the electors multiplied by the | 99682 |
| difference between (i) the aggregate voted tax rate for the | 99683 |
| existing levies and any portion of an existing levy to be repealed | 99684 |
| and (ii) the amount determined under division (B)(1)(a) of this | 99685 |
| section, but not less than zero. | 99686 |
| (C) Upon receipt of the certification from the tax | 99687 |
| commissioner under division (B) of this section, a majority of the | 99688 |
| members of the board of education may adopt a resolution proposing | 99689 |
| the repeal of the existing levies as identified in the | 99690 |
| certification and the imposition of a levy in excess of the | 99691 |
| ten-mill limitation that will raise annually the amount certified | 99692 |
| by the commissioner. If the board determines that the tax should | 99693 |
| be for an amount less than that certified by the commissioner, the | 99694 |
| board, before January 1, 2015, may request that the commissioner | 99695 |
| redetermine the rate under division (B)(2) of this section on the | 99696 |
| basis of the lesser amount the levy is to raise as specified by | 99697 |
| the board. The amount certified under division (B)(4) and the | 99698 |
| levies to be repealed as certified under division (B)(3) of this | 99699 |
| section shall not be redetermined. Within ten days after | 99700 |
| receiving a timely request specifying the lesser amount to be | 99701 |
| raised by the levy, the commissioner shall redetermine the rate | 99702 |
| and recertify it to the board as otherwise provided in division | 99703 |
| (B) of this section. Only one such request may be made by the | 99704 |
| board of education of an eligible school district. | 99705 |
| The resolution shall state the first calendar year in which | 99706 |
| the levy will be due; the existing levies and any portion of an | 99707 |
| existing levy that will be repealed, as certified by the | 99708 |
| commissioner; the term of the levy expressed in years, which may | 99709 |
| be any number not exceeding ten, or that it will be levied for a | 99710 |
| continuing period of time; and the date of the election. | 99711 |
| Immediately upon its passage, the resolution shall go into | 99712 |
| effect and shall be certified by the board of education to the | 99713 |
| county auditor of the proper county. The county auditor and the | 99714 |
| board of education shall proceed as required under section | 99715 |
| 5705.195 of the Revised Code. No publication of the resolution is | 99716 |
| necessary other than that provided for in the notice of election. | 99717 |
| Section 5705.196 of the Revised Code shall govern the matters | 99718 |
| concerning the election. The submission of a question to the | 99719 |
| electors under this section is subject to the limitation on the | 99720 |
| number of election dates established by section 5705.214 of the | 99721 |
| Revised Code. | 99722 |
| (D) The form of the ballot to be used at the election | 99723 |
| provided for in this section shall be as follows: | 99724 |
| "Shall the existing levy of . . . (insert the voted millage | 99725 |
| rate of the levy to be repealed), currently being charged against | 99726 |
| residential and agricultural property by the . . . (insert the | 99727 |
| name of school district) at a rate of . . . (insert the | 99728 |
| residential/agricultural real property effective tax rate of the | 99729 |
| levy being repealed) for the purpose of . . . (insert the purpose | 99730 |
| of the existing levy) be repealed, and shall a levy be imposed by | 99731 |
| the . . . (insert the name of school district) in excess of the | 99732 |
| ten-mill limitation for the necessary requirements of the school | 99733 |
| district in the sum of . . . (insert the annual amount the levy is | 99734 |
| to produce), estimated by the tax commissioner to require . . . | 99735 |
| (insert the number of mills) mills for each one dollar of | 99736 |
| valuation, which amounts to . . . (insert the rate expressed in | 99737 |
| dollars and cents) for each one hundred dollars of valuation for | 99738 |
| the initial year of the tax, for a period of . . . (insert the | 99739 |
| number of years the levy is to be imposed, or that it will be | 99740 |
| levied for a continuing period of time), commencing in . . . | 99741 |
| (insert the first year the tax is to be levied), first due in | 99742 |
| calendar year . . . (insert the first calendar year in which the | 99743 |
| tax shall be due)? | 99744 |
| 99745 |
| FOR THE REPEAL AND TAX | 99746 | ||||
| AGAINST THE REPEAL AND TAX | " | 99747 |
| 99748 |
| If the question submitted is a proposal to repeal all or a | 99749 |
| portion of more than one existing levy, the form of the ballot | 99750 |
| shall be modified by substituting the statement "shall the | 99751 |
| existing levy of" with "shall existing levies of" and inserting | 99752 |
| the aggregate voted and aggregate effective tax rates to be | 99753 |
| repealed. | 99754 |
| (E) If a majority of the electors voting on the question | 99755 |
| submitted in an election vote in favor of the repeal and levy, the | 99756 |
| result shall be certified immediately after the canvass by the | 99757 |
| board of elections to the board of education. The board of | 99758 |
| education may make the levy necessary to raise the amount | 99759 |
| specified in the resolution for the purpose stated in the | 99760 |
| resolution and shall certify it to the county auditor, who shall | 99761 |
| extend it on the current year tax lists for collection. After the | 99762 |
| first year, the levy shall be included in the annual tax budget | 99763 |
| that is certified to the county budget commission. | 99764 |
| (F) A levy imposed under this section for a continuing period | 99765 |
| of time may be decreased or repealed pursuant to section 5705.261 | 99766 |
| of the Revised Code. If a levy imposed under this section is | 99767 |
| decreased, the amount calculated under division (B)(4) of this | 99768 |
| section and paid under section 5705.2110 of the Revised Code | 99769 |
| shall be decreased by the same proportion as the levy is | 99770 |
| decreased. If the levy is repealed, no further payments shall be | 99771 |
| made to the district under that section. | 99772 |
| (G) At any time, the board of education, by a vote of | 99773 |
| two-thirds of all of its members, may adopt a resolution to renew | 99774 |
| a tax levied under this section. The resolution shall provide for | 99775 |
| levying the tax and specifically all of the following: | 99776 |
| (1) That the tax shall be called, and designated on the | 99777 |
| ballot as, a renewal levy; | 99778 |
| (2) The amount of the renewal tax, which shall be no more | 99779 |
| than the amount of tax previously collected; | 99780 |
| (3) The number of years, not to exceed ten, that the renewal | 99781 |
| tax will be levied, or that it will be levied for a continuing | 99782 |
| period of time; | 99783 |
| (4) That the purpose of the renewal tax is for current | 99784 |
| expenses. | 99785 |
| (H) The form of the ballot to be used at the election on the | 99786 |
| question of renewing a levy under this section shall be as | 99787 |
| follows: | 99788 |
| "Shall a tax levy renewing an existing levy of . . . (insert | 99789 |
| the annual dollar amount the levy is to produce each year), | 99790 |
| estimated to require . . . (insert the number of mills) mills for | 99791 |
| each one dollar of valuation be imposed by the . . . (insert the | 99792 |
| name of school district) for the purpose of current expenses for a | 99793 |
| period of . . . (insert the number of years the levy is to be | 99794 |
| imposed, or that it will be levied for a continuing period of | 99795 |
| time), commencing in . . . (insert the first year the tax is to be | 99796 |
| levied), first due in calendar year . . . (insert the first | 99797 |
| calendar year in which the tax shall be due)? | 99798 |
| 99799 |
| FOR THE RENEWAL OF THE TAX LEVY | 99800 | ||||
| AGAINST THE RENEWAL OF THE TAX LEVY | " | 99801 |
| 99802 |
| If the levy submitted is to be for less than the amount of | 99803 |
| money previously collected, the form of the ballot shall be | 99804 |
| modified to add "and reducing" after "renewing" and to add before | 99805 |
| "estimated to require" the statement "be approved at a tax rate | 99806 |
| necessary to produce . . . (insert the lower annual dollar amount | 99807 |
| the levy is to produce each year)." | 99808 |
| Sec. 5705.2110. (A) For purposes of this section: | 99809 |
| (1) "Carryover property" has the same meaning as in section | 99810 |
| 319.301 of the Revised Code. | 99811 |
| (2) "Residential/agricultural real property" has the same | 99812 |
| meaning as in section 5705.219 of the Revised Code. | 99813 |
| (B) For each city, local, or exempted village school district | 99814 |
| in which the tax authorized by section 5705.219 of the Revised | 99815 |
| Code has been approved by electors in the preceding year, the tax | 99816 |
| commissioner, not later than the twenty-eighth day of February, | 99817 |
| shall certify to the department of education the amount determined | 99818 |
| in division (B)(4) of section 5705.219 of the Revised Code. Not | 99819 |
| later than the twenty-eighth day of February of each year | 99820 |
| thereafter for twelve years, the commissioner shall certify an | 99821 |
| amount equal to the difference between the amount certified in | 99822 |
| the preceding year under this division and the product of ten | 99823 |
| mills per dollar multiplied by the excess, if any, of the value | 99824 |
| of carryover property for residential/agricultural real property | 99825 |
| for the preceding tax year over the value of carryover property | 99826 |
| for residential/agricultural real property in the second | 99827 |
| preceding tax year. If the amount to be certified in any year is | 99828 |
| zero, in the commissioner's certification the commissioner shall | 99829 |
| state that no further certifications shall be forthcoming. | 99830 |
| (C) Not later than the last day of April and of October | 99831 |
| beginning in the first year in which a certification under | 99832 |
| division (B) of this section is received, the department of | 99833 |
| education shall pay to the school district for which the | 99834 |
| certification is made one-half of the amount most recently | 99835 |
| certified by the tax commissioner. | 99836 |
| Sec. 5705.29. This section does not apply to a subdivision or | 99837 |
| taxing unit for which the county budget commission has waived the | 99838 |
| requirement to adopt a tax budget pursuant to section 5705.281 of | 99839 |
| the Revised Code. The tax budget shall present the following | 99840 |
| information in such detail as is prescribed by the auditor of | 99841 |
| state: | 99842 |
| (A)(1) A statement of the necessary current operating | 99843 |
| expenses for the ensuing fiscal year for each department and | 99844 |
| division of the subdivision, classified as to personal services | 99845 |
| and other expenses, and the fund from which such expenditures are | 99846 |
| to be made. Except in the case of a school district, this estimate | 99847 |
| may include a contingent expense not designated for any particular | 99848 |
| purpose, and not to exceed three per cent of the total amount of | 99849 |
| appropriations for current expenses. In the case of a school | 99850 |
| district, this estimate may include a contingent expense not | 99851 |
| designated for any particular purpose and not to exceed thirteen | 99852 |
| per cent of the total amount of appropriations for current | 99853 |
| expenses. | 99854 |
| (2) A statement of the expenditures for the ensuing fiscal | 99855 |
| year necessary for permanent improvements, exclusive of any | 99856 |
| expense to be paid from bond issues, classified as to the | 99857 |
| improvements contemplated by the subdivision and the fund from | 99858 |
| which such expenditures are to be made; | 99859 |
| (3) The amounts required for the payment of final judgments; | 99860 |
| (4) A statement of expenditures for the ensuing fiscal year | 99861 |
| necessary for any purpose for which a special levy is authorized, | 99862 |
| and the fund from which such expenditures are to be made; | 99863 |
| (5) Comparative statements, so far as possible, in parallel | 99864 |
| columns of corresponding items of expenditures for the current | 99865 |
| fiscal year and the two preceding fiscal years. | 99866 |
| (B)(1) An estimate of receipts from other sources than the | 99867 |
| general property tax during the ensuing fiscal year, which shall | 99868 |
| include an estimate of unencumbered balances at the end of the | 99869 |
| current fiscal year, and the funds to which such estimated | 99870 |
| receipts are credited; | 99871 |
| (2) The amount each fund requires from the general property | 99872 |
| tax, which shall be the difference between the contemplated | 99873 |
| expenditure from the fund and the estimated receipts, as provided | 99874 |
| in this section. The section of the Revised Code under which the | 99875 |
| tax is authorized shall be set forth. | 99876 |
| (3) Comparative statements, so far as possible, in parallel | 99877 |
| columns of taxes and other revenues for the current fiscal year | 99878 |
| and the two preceding fiscal years. | 99879 |
| (C)(1) The amount required for debt charges; | 99880 |
| (2) The estimated receipts from sources other than the tax | 99881 |
| levy for payment of such debt charges, including the proceeds of | 99882 |
| refunding bonds to be issued to refund bonds maturing in the next | 99883 |
| succeeding fiscal year; | 99884 |
| (3) The net amount for which a tax levy shall be made, | 99885 |
| classified as to bonds authorized and issued prior to January 1, | 99886 |
| 1922, and those authorized and issued subsequent to such date, and | 99887 |
| as to what portion of the levy will be within and what in excess | 99888 |
| of the ten-mill limitation. | 99889 |
| (D) An estimate of amounts from taxes authorized to be levied | 99890 |
| in excess of the ten-mill limitation on the tax rate, and the fund | 99891 |
| to which such amounts will be credited, together with the sections | 99892 |
| of the Revised Code under which each such tax is exempted from all | 99893 |
| limitations on the tax rate. | 99894 |
| (E)(1) A board of education may include in its budget for the | 99895 |
| fiscal year in which a levy proposed under section 5705.194, | 99896 |
|
5705.199,
5705.21, | 99897 |
| under section 5705.212 of the Revised Code is first extended on | 99898 |
| the tax list and duplicate an estimate of expenditures to be known | 99899 |
| as a voluntary contingency reserve balance, which shall not be | 99900 |
| greater than twenty-five per cent of the total amount of the levy | 99901 |
| estimated to be available for appropriation in such year. | 99902 |
| (2) A board of education may include in its budget for the | 99903 |
| fiscal year following the year in which a levy proposed under | 99904 |
|
section 5705.194, 5705.199, 5705.21, | 99905 |
| the original levy under section 5705.212 of the Revised Code is | 99906 |
| first extended on the tax list and duplicate an estimate of | 99907 |
| expenditures to be known as a voluntary contingency reserve | 99908 |
| balance, which shall not be greater than twenty per cent of the | 99909 |
| amount of the levy estimated to be available for appropriation in | 99910 |
| such year. | 99911 |
| (3) Except as provided in division (E)(4) of this section, | 99912 |
| the full amount of any reserve balance the board includes in its | 99913 |
| budget shall be retained by the county auditor and county | 99914 |
| treasurer out of the first semiannual settlement of taxes until | 99915 |
| the beginning of the next succeeding fiscal year, and thereupon, | 99916 |
| with the depository interest apportioned thereto, it shall be | 99917 |
| turned over to the board of education, to be used for the purposes | 99918 |
| of such fiscal year. | 99919 |
| (4) A board of education, by a two-thirds vote of all members | 99920 |
| of the board, may appropriate any amount withheld as a voluntary | 99921 |
| contingency reserve balance during the fiscal year for any lawful | 99922 |
| purpose, provided that prior to such appropriation the board of | 99923 |
| education has authorized the expenditure of all amounts | 99924 |
| appropriated for contingencies under section 5705.40 of the | 99925 |
| Revised Code. Upon request by the board of education, the county | 99926 |
| auditor shall draw a warrant on the district's account in the | 99927 |
| county treasury payable to the district in the amount requested. | 99928 |
| (F)(1) A board of education may include a spending reserve in | 99929 |
| its budget for fiscal years ending on or before June 30, 2002. The | 99930 |
| spending reserve shall consist of an estimate of expenditures not | 99931 |
| to exceed the district's spending reserve balance. A district's | 99932 |
| spending reserve balance is the amount by which the designated | 99933 |
| percentage of the district's estimated personal property taxes to | 99934 |
| be settled during the calendar year in which the fiscal year ends | 99935 |
| exceeds the estimated amount of personal property taxes to be so | 99936 |
| settled and received by the district during that fiscal year. | 99937 |
| Moneys from a spending reserve shall be appropriated in accordance | 99938 |
| with section 133.301 of the Revised Code. | 99939 |
| (2) For the purposes of computing a school district's | 99940 |
| spending reserve balance for a fiscal year, the designated | 99941 |
| percentage shall be as follows: | 99942 |
| Fiscal year ending in: | Designated percentage | 99943 | |
| 1998 | 50% | 99944 | |
| 1999 | 40% | 99945 | |
| 2000 | 30% | 99946 | |
| 2001 | 20% | 99947 | |
| 2002 | 10% | 99948 |
| (G) Except as otherwise provided in this division, the county | 99949 |
| budget commission shall not reduce the taxing authority of a | 99950 |
| subdivision as a result of the creation of a reserve balance | 99951 |
| account. Except as otherwise provided in this division, the county | 99952 |
| budget commission shall not consider the amount in a reserve | 99953 |
| balance account of a township, county, or municipal corporation as | 99954 |
| an unencumbered balance or as revenue for the purposes of division | 99955 |
| (E)(3) or (4) of section 5747.51 of the Revised Code. The county | 99956 |
| budget commission may require documentation of the reasonableness | 99957 |
| of the reserve balance held in any reserve balance account. The | 99958 |
| commission shall consider any amount in a reserve balance account | 99959 |
| that it determines to be unreasonable as unencumbered and as | 99960 |
| revenue for the purposes of section 5747.51 of the Revised Code | 99961 |
| and may take such amounts into consideration when determining | 99962 |
| whether to reduce the taxing authority of a subdivision. | 99963 |
| Sec. 5705.341. Any person required to pay taxes on real, | 99964 |
| public utility, or tangible personal property in any taxing | 99965 |
| district or other political subdivision of this state may appeal | 99966 |
| to the board of tax appeals from the action of the county budget | 99967 |
| commission of any county which relates to the fixing of uniform | 99968 |
| rates of taxation and the rate necessary to be levied by each | 99969 |
| taxing authority within its subdivision or taxing unit and which | 99970 |
| action has been certified by the county budget commission to the | 99971 |
| taxing authority of any political subdivision or other taxing | 99972 |
| district within the county. | 99973 |
| Such appeal shall be in writing and shall set forth the tax | 99974 |
| rate complained of and the reason that such a tax rate is not | 99975 |
| necessary to produce the revenue needed by the taxing district or | 99976 |
| political subdivision for the ensuing fiscal year as those needs | 99977 |
| are set out in the tax budget of said taxing unit or, if adoption | 99978 |
| of a tax budget was waived under section 5705.281 of the Revised | 99979 |
| Code, as set out in such other information the district or | 99980 |
| subdivision was required to provide under that section, or that | 99981 |
| the action of the budget commission appealed from does not | 99982 |
| otherwise comply with sections 5705.01 to 5705.47 of the Revised | 99983 |
| Code. The notice of appeal shall be filed with the board of tax | 99984 |
| appeals, and a true copy thereof shall be filed with the tax | 99985 |
| commissioner, the county auditor, and with the fiscal officer of | 99986 |
| each taxing district or political subdivision authorized to levy | 99987 |
| the tax complained of, and such notice of appeal and copies | 99988 |
| thereof must be filed within thirty days after the budget | 99989 |
| commission has certified its action as provided by section 5705.34 | 99990 |
| of the Revised Code. Such notice of appeal and the copies thereof | 99991 |
| may be filed either in person or by certified mail. If filed by | 99992 |
| certified mail, the date of the United States postmark placed on | 99993 |
| the sender's receipt by the postal employee to whom the notice of | 99994 |
| appeal is presented shall be treated as the date of filing. | 99995 |
| Prior to filing the appeal provided by this section, the | 99996 |
| appellant shall deposit with the county auditor of the county or, | 99997 |
| in the event the appeal concerns joint taxing districts in two or | 99998 |
| more counties, with the county auditor of the county with the | 99999 |
| greatest valuation of taxable property the sum of five hundred | 100000 |
| dollars to cover the costs of the proceeding. The county auditor | 100001 |
| shall forthwith issue a pay-in order and pay such money into the | 100002 |
| county treasury to the credit of the general fund. The appellant | 100003 |
| shall produce the receipt of the county treasurer for such deposit | 100004 |
| and shall file such receipt with the notice of appeal. | 100005 |
| The board of tax appeals shall forthwith consider the matter | 100006 |
| presented on appeal from the action of the county budget | 100007 |
| commission and may modify any action of the commission with | 100008 |
| reference to the fixing of tax rates, to the end that no tax rate | 100009 |
| shall be levied above that necessary to produce the revenue needed | 100010 |
| by the taxing district or political subdivision for the ensuing | 100011 |
| fiscal year and to the end that the action of the budget | 100012 |
| commission appealed from shall otherwise be in conformity with | 100013 |
| sections 5705.01 to 5705.47 of the Revised Code. The findings of | 100014 |
| the board of tax appeals shall be substituted for the findings of | 100015 |
|
the budget commission and shall
be
| 100016 |
| auditor and the taxing authority of the taxing district or | 100017 |
| political subdivision affected as the action of such budget | 100018 |
| commission under sections 5705.01 to 5705.47 of the Revised Code | 100019 |
| and to the tax commissioner. | 100020 |
| The board of tax appeals shall promptly prepare a cost bill | 100021 |
| listing the expenses incurred by the board in conducting any | 100022 |
| hearing on the appeal and certify the cost bill to the county | 100023 |
| auditor of the county receiving the deposit for costs, who shall | 100024 |
| forthwith draw a warrant on the general fund of the county in | 100025 |
| favor of the person or persons named in the bill of costs | 100026 |
| certified by the board of tax appeals. | 100027 |
| In the event the appellant prevails, the board of tax appeals | 100028 |
| promptly shall direct the county auditor to refund the deposit to | 100029 |
| the appellant and the costs shall be taxed to the taxing district | 100030 |
| or political subdivision involved in the appeal. The county | 100031 |
| auditor shall withhold from any funds then or thereafter in the | 100032 |
| auditor's possession belonging to the taxing district or political | 100033 |
| subdivision named in the order of the board of tax appeals and | 100034 |
| shall reimburse the general fund of the county. | 100035 |
| If the appellant fails, the costs shall be deducted from the | 100036 |
| deposit provided for in this section and any balance which remains | 100037 |
| shall be refunded promptly to the appellant by warrant of the | 100038 |
| county auditor drawn on the general fund of the county. | 100039 |
| Nothing in this section or any section of the Revised Code | 100040 |
| shall permit or require the levying of any rate of taxation, | 100041 |
| whether within the ten-mill limitation or whether the levy has | 100042 |
| been approved by the electors of the taxing district, the | 100043 |
| political subdivision, or the charter of a municipal corporation | 100044 |
| in excess of such ten-mill limitation, unless such rate of | 100045 |
| taxation for the ensuing fiscal year is clearly required by a | 100046 |
| budget of the taxing district or political subdivision properly | 100047 |
| and lawfully adopted under this chapter, or by other information | 100048 |
| that must be provided under section 5705.281 of the Revised Code | 100049 |
| if a tax budget was waived. | 100050 |
| In the event more than one appeal is filed involving the same | 100051 |
| taxing district or political subdivision, all such appeals may be | 100052 |
| consolidated by the board of tax appeals and heard at the same | 100053 |
| time. | 100054 |
| Nothing herein contained shall be construed to bar or | 100055 |
| prohibit the tax commissioner from initiating an investigation or | 100056 |
| hearing on the commissioner's own motion. | 100057 |
| The tax commissioner shall adopt and issue such orders, | 100058 |
| rules, and instructions, not inconsistent with law, as the | 100059 |
| commissioner deems necessary, as to the exercise of the powers and | 100060 |
| the discharge of the duties of any particular county budget | 100061 |
| commission, county auditor, or other officer which relate to the | 100062 |
| budget, the assessment of property, or the levy and collection of | 100063 |
| taxes. The commissioner shall cause the orders and instructions | 100064 |
| issued by the commissioner to be obeyed. | 100065 |
| Sec. 5705.37. The taxing authority of any subdivision, or | 100066 |
| the board of trustees of any public library, nonprofit | 100067 |
| corporation, or library association maintaining a free public | 100068 |
| library that has adopted and certified rules under section 5705.28 | 100069 |
| of the Revised Code, that is dissatisfied with any action of the | 100070 |
| county budget commission may, through its fiscal officer, appeal | 100071 |
| to the board of tax appeals within thirty days after the receipt | 100072 |
| by the subdivision of the official certificate or notice of the | 100073 |
| commission's action. In like manner, but through its clerk, any | 100074 |
| park district may appeal to the board of tax appeals. An appeal | 100075 |
| under this section shall be taken by the filing of a notice of | 100076 |
| appeal, either in person or by certified mail, express mail, or | 100077 |
| authorized delivery service as provided in section 5703.056 of | 100078 |
| the Revised Code, with the board and with the commission. If | 100079 |
| notice of appeal is filed by certified mail, express mail, or | 100080 |
| authorized delivery service, date of the United States postmark | 100081 |
| placed on the sender's receipt by the postal service or the date | 100082 |
| of receipt recorded by the authorized delivery service shall be | 100083 |
| treated as the date of filing. Upon receipt of the notice of | 100084 |
| appeal, the commission, by certified mail, shall notify all | 100085 |
| persons who were parties to the proceeding before the commission | 100086 |
| of the filing of the notice of appeal and shall file proof of | 100087 |
| notice with the board of tax appeals. The secretary of the | 100088 |
| commission shall forthwith certify to the board a transcript of | 100089 |
| the full and accurate record of all proceedings before the | 100090 |
| commission, together with all evidence presented in the | 100091 |
| proceedings or considered by the commission, pertaining to the | 100092 |
| action from which the appeal is taken. The secretary of the | 100093 |
| commission also shall certify to the board any additional | 100094 |
| information that the board may request. | 100095 |
| The board of tax appeals, in a de novo proceeding, shall | 100096 |
| forthwith consider the matter presented to the commission, and may | 100097 |
| modify any action of the commission with reference to the budget, | 100098 |
| the estimate of revenues and balances, the allocation of the | 100099 |
| public library fund, or the fixing of tax rates. The finding of | 100100 |
| the board of tax appeals shall be substituted for the findings of | 100101 |
|
the commission, and shall be
| 100102 |
| commissioner, the county auditor, and the taxing authority of the | 100103 |
| subdivision affected, or to the board of public library trustees | 100104 |
| affected, as the action of the commission under sections 5705.01 | 100105 |
| to 5705.47 of the Revised Code. | 100106 |
| This section does not give the board of tax appeals any | 100107 |
| authority to place any tax levy authorized by law within the | 100108 |
| ten-mill limitation outside of that limitation, or to reduce any | 100109 |
| levy below any minimum fixed by law. | 100110 |
| Sec. 5709.62. (A) In any municipal corporation that is | 100111 |
| defined by the United States office of management and budget as a | 100112 |
| principal city of a metropolitan statistical area, the legislative | 100113 |
| authority of the municipal corporation may designate one or more | 100114 |
| areas within its municipal corporation as proposed enterprise | 100115 |
| zones. Upon designating an area, the legislative authority shall | 100116 |
| petition the director of development for certification of the area | 100117 |
| as having the characteristics set forth in division (A)(1) of | 100118 |
| section 5709.61 of the Revised Code as amended by Substitute | 100119 |
| Senate Bill No. 19 of the 120th general assembly. Except as | 100120 |
| otherwise provided in division (E) of this section, on and after | 100121 |
| July 1, 1994, legislative authorities shall not enter into | 100122 |
| agreements under this section unless the legislative authority has | 100123 |
| petitioned the director and the director has certified the zone | 100124 |
| under this section as amended by that act; however, all agreements | 100125 |
| entered into under this section as it existed prior to July 1, | 100126 |
| 1994, and the incentives granted under those agreements shall | 100127 |
| remain in effect for the period agreed to under those agreements. | 100128 |
| Within sixty days after receiving such a petition, the director | 100129 |
| shall determine whether the area has the characteristics set forth | 100130 |
| in division (A)(1) of section 5709.61 of the Revised Code, and | 100131 |
| shall forward the findings to the legislative authority of the | 100132 |
| municipal corporation. If the director certifies the area as | 100133 |
| having those characteristics, and thereby certifies it as a zone, | 100134 |
| the legislative authority may enter into an agreement with an | 100135 |
| enterprise under division (C) of this section. | 100136 |
| (B) Any enterprise that wishes to enter into an agreement | 100137 |
| with a municipal corporation under division (C) of this section | 100138 |
| shall submit a proposal to the legislative authority of the | 100139 |
| municipal corporation on a form prescribed by the director of | 100140 |
| development, together with the application fee established under | 100141 |
| section 5709.68 of the Revised Code. The form shall require the | 100142 |
| following information: | 100143 |
| (1) An estimate of the number of new employees whom the | 100144 |
| enterprise intends to hire, or of the number of employees whom the | 100145 |
| enterprise intends to retain, within the zone at a facility that | 100146 |
| is a project site, and an estimate of the amount of payroll of the | 100147 |
| enterprise attributable to these employees; | 100148 |
| (2) An estimate of the amount to be invested by the | 100149 |
| enterprise to establish, expand, renovate, or occupy a facility, | 100150 |
| including investment in new buildings, additions or improvements | 100151 |
| to existing buildings, machinery, equipment, furniture, fixtures, | 100152 |
| and inventory; | 100153 |
| (3) A listing of the enterprise's current investment, if any, | 100154 |
| in a facility as of the date of the proposal's submission. | 100155 |
| The enterprise shall review and update the listings required | 100156 |
| under this division to reflect material changes, and any agreement | 100157 |
| entered into under division (C) of this section shall set forth | 100158 |
| final estimates and listings as of the time the agreement is | 100159 |
| entered into. The legislative authority may, on a separate form | 100160 |
| and at any time, require any additional information necessary to | 100161 |
| determine whether an enterprise is in compliance with an agreement | 100162 |
| and to collect the information required to be reported under | 100163 |
| section 5709.68 of the Revised Code. | 100164 |
| (C) Upon receipt and investigation of a proposal under | 100165 |
| division (B) of this section, if the legislative authority finds | 100166 |
| that the enterprise submitting the proposal is qualified by | 100167 |
| financial responsibility and business experience to create and | 100168 |
| preserve employment opportunities in the zone and improve the | 100169 |
| economic climate of the municipal corporation, the legislative | 100170 |
|
authority, on or before
October 15, | 100171 |
| following: | 100172 |
| (1) Enter into an agreement with the enterprise under which | 100173 |
| the enterprise agrees to establish, expand, renovate, or occupy a | 100174 |
| facility and hire new employees, or preserve employment | 100175 |
| opportunities for existing employees, in return for one or more of | 100176 |
| the following incentives: | 100177 |
| (a) Exemption for a specified number of years, not to exceed | 100178 |
| fifteen, of a specified portion, up to seventy-five per cent, of | 100179 |
| the assessed value of tangible personal property first used in | 100180 |
| business at the project site as a result of the agreement. If an | 100181 |
| exemption for inventory is specifically granted in the agreement | 100182 |
| pursuant to this division, the exemption applies to inventory | 100183 |
| required to be listed pursuant to sections 5711.15 and 5711.16 of | 100184 |
| the Revised Code, except that, in the instance of an expansion or | 100185 |
| other situations in which an enterprise was in business at the | 100186 |
| facility prior to the establishment of the zone, the inventory | 100187 |
| that is exempt is that amount or value of inventory in excess of | 100188 |
| the amount or value of inventory required to be listed in the | 100189 |
| personal property tax return of the enterprise in the return for | 100190 |
| the tax year in which the agreement is entered into. | 100191 |
| (b) Exemption for a specified number of years, not to exceed | 100192 |
| fifteen, of a specified portion, up to seventy-five per cent, of | 100193 |
| the increase in the assessed valuation of real property | 100194 |
| constituting the project site subsequent to formal approval of the | 100195 |
| agreement by the legislative authority; | 100196 |
| (c) Provision for a specified number of years, not to exceed | 100197 |
| fifteen, of any optional services or assistance that the municipal | 100198 |
| corporation is authorized to provide with regard to the project | 100199 |
| site. | 100200 |
| (2) Enter into an agreement under which the enterprise agrees | 100201 |
| to remediate an environmentally contaminated facility, to spend an | 100202 |
| amount equal to at least two hundred fifty per cent of the true | 100203 |
| value in money of the real property of the facility prior to | 100204 |
| remediation as determined for the purposes of property taxation to | 100205 |
| establish, expand, renovate, or occupy the remediated facility, | 100206 |
| and to hire new employees or preserve employment opportunities for | 100207 |
| existing employees at the remediated facility, in return for one | 100208 |
| or more of the following incentives: | 100209 |
| (a) Exemption for a specified number of years, not to exceed | 100210 |
| fifteen, of a specified portion, not to exceed fifty per cent, of | 100211 |
| the assessed valuation of the real property of the facility prior | 100212 |
| to remediation; | 100213 |
| (b) Exemption for a specified number of years, not to exceed | 100214 |
| fifteen, of a specified portion, not to exceed one hundred per | 100215 |
| cent, of the increase in the assessed valuation of the real | 100216 |
| property of the facility during or after remediation; | 100217 |
| (c) The incentive under division (C)(1)(a) of this section, | 100218 |
| except that the percentage of the assessed value of such property | 100219 |
| exempted from taxation shall not exceed one hundred per cent; | 100220 |
| (d) The incentive under division (C)(1)(c) of this section. | 100221 |
| (3) Enter into an agreement with an enterprise that plans to | 100222 |
| purchase and operate a large manufacturing facility that has | 100223 |
| ceased operation or announced its intention to cease operation, in | 100224 |
| return for exemption for a specified number of years, not to | 100225 |
| exceed fifteen, of a specified portion, up to one hundred per | 100226 |
| cent, of the assessed value of tangible personal property used in | 100227 |
| business at the project site as a result of the agreement, or of | 100228 |
| the assessed valuation of real property constituting the project | 100229 |
| site, or both. | 100230 |
| (D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this | 100231 |
| section, the portion of the assessed value of tangible personal | 100232 |
| property or of the increase in the assessed valuation of real | 100233 |
| property exempted from taxation under those divisions may exceed | 100234 |
| seventy-five per cent in any year for which that portion is | 100235 |
| exempted if the average percentage exempted for all years in which | 100236 |
| the agreement is in effect does not exceed sixty per cent, or if | 100237 |
| the board of education of the city, local, or exempted village | 100238 |
| school district within the territory of which the property is or | 100239 |
| will be located approves a percentage in excess of seventy-five | 100240 |
| per cent. | 100241 |
| (2) Notwithstanding any provision of the Revised Code to the | 100242 |
| contrary, the exemptions described in divisions (C)(1)(a), (b), | 100243 |
| and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may | 100244 |
| be for up to fifteen years if the board of education of the city, | 100245 |
| local, or exempted village school district within the territory of | 100246 |
| which the property is or will be located approves a number of | 100247 |
| years in excess of ten. | 100248 |
| (3) For the purpose of obtaining the approval of a city, | 100249 |
| local, or exempted village school district under division (D)(1) | 100250 |
| or (2) of this section, the legislative authority shall deliver to | 100251 |
| the board of education a notice not later than forty-five days | 100252 |
| prior to approving the agreement, excluding Saturdays, Sundays, | 100253 |
| and legal holidays as defined in section 1.14 of the Revised Code. | 100254 |
| The notice shall state the percentage to be exempted, an estimate | 100255 |
| of the true value of the property to be exempted, and the number | 100256 |
| of years the property is to be exempted. The board of education, | 100257 |
| by resolution adopted by a majority of the board, shall approve or | 100258 |
| disapprove the agreement and certify a copy of the resolution to | 100259 |
| the legislative authority not later than fourteen days prior to | 100260 |
| the date stipulated by the legislative authority as the date upon | 100261 |
| which approval of the agreement is to be formally considered by | 100262 |
| the legislative authority. The board of education may include in | 100263 |
| the resolution conditions under which the board would approve the | 100264 |
| agreement, including the execution of an agreement to compensate | 100265 |
| the school district under division (B) of section 5709.82 of the | 100266 |
| Revised Code. The legislative authority may approve the agreement | 100267 |
| at any time after the board of education certifies its resolution | 100268 |
| approving the agreement to the legislative authority, or, if the | 100269 |
| board approves the agreement conditionally, at any time after the | 100270 |
| conditions are agreed to by the board and the legislative | 100271 |
| authority. | 100272 |
| If a board of education has adopted a resolution waiving its | 100273 |
| right to approve agreements and the resolution remains in effect, | 100274 |
| approval of an agreement by the board is not required under this | 100275 |
| division. If a board of education has adopted a resolution | 100276 |
| allowing a legislative authority to deliver the notice required | 100277 |
| under this division fewer than forty-five business days prior to | 100278 |
| the legislative authority's approval of the agreement, the | 100279 |
| legislative authority shall deliver the notice to the board not | 100280 |
| later than the number of days prior to such approval as prescribed | 100281 |
| by the board in its resolution. If a board of education adopts a | 100282 |
| resolution waiving its right to approve agreements or shortening | 100283 |
| the notification period, the board shall certify a copy of the | 100284 |
| resolution to the legislative authority. If the board of education | 100285 |
| rescinds such a resolution, it shall certify notice of the | 100286 |
| rescission to the legislative authority. | 100287 |
| (4) The legislative authority shall comply with section | 100288 |
| 5709.83 of the Revised Code unless the board of education has | 100289 |
| adopted a resolution under that section waiving its right to | 100290 |
| receive such notice. | 100291 |
| (E) This division applies to zones certified by the director | 100292 |
| of development under this section prior to July 22, 1994. | 100293 |
| On or before October 15, | 100294 |
| that designated a zone to which this division applies may enter | 100295 |
| into an agreement with an enterprise if the legislative authority | 100296 |
| finds that the enterprise satisfies one of the criteria described | 100297 |
| in divisions (E)(1) to (5) of this section: | 100298 |
| (1) The enterprise currently has no operations in this state | 100299 |
| and, subject to approval of the agreement, intends to establish | 100300 |
| operations in the zone; | 100301 |
| (2) The enterprise currently has operations in this state | 100302 |
| and, subject to approval of the agreement, intends to establish | 100303 |
| operations at a new location in the zone that would not result in | 100304 |
| a reduction in the number of employee positions at any of the | 100305 |
| enterprise's other locations in this state; | 100306 |
| (3) The enterprise, subject to approval of the agreement, | 100307 |
| intends to relocate operations, currently located in another | 100308 |
| state, to the zone; | 100309 |
| (4) The enterprise, subject to approval of the agreement, | 100310 |
| intends to expand operations at an existing site in the zone that | 100311 |
| the enterprise currently operates; | 100312 |
| (5) The enterprise, subject to approval of the agreement, | 100313 |
| intends to relocate operations, currently located in this state, | 100314 |
| to the zone, and the director of development has issued a waiver | 100315 |
| for the enterprise under division (B) of section 5709.633 of the | 100316 |
| Revised Code. | 100317 |
| The agreement shall require the enterprise to agree to | 100318 |
| establish, expand, renovate, or occupy a facility in the zone and | 100319 |
| hire new employees, or preserve employment opportunities for | 100320 |
| existing employees, in return for one or more of the incentives | 100321 |
| described in division (C) of this section. | 100322 |
| (F) All agreements entered into under this section shall be | 100323 |
| in the form prescribed under section 5709.631 of the Revised Code. | 100324 |
| After an agreement is entered into under this section, if the | 100325 |
| legislative authority revokes its designation of a zone, or if the | 100326 |
| director of development revokes a zone's certification, any | 100327 |
| entitlements granted under the agreement shall continue for the | 100328 |
| number of years specified in the agreement. | 100329 |
| (G) Except as otherwise provided in this division, an | 100330 |
| agreement entered into under this section shall require that the | 100331 |
| enterprise pay an annual fee equal to the greater of one per cent | 100332 |
| of the dollar value of incentives offered under the agreement or | 100333 |
| five hundred dollars; provided, however, that if the value of the | 100334 |
| incentives exceeds two hundred fifty thousand dollars, the fee | 100335 |
| shall not exceed two thousand five hundred dollars. The fee shall | 100336 |
| be payable to the legislative authority once per year for each | 100337 |
| year the agreement is effective on the days and in the form | 100338 |
| specified in the agreement. Fees paid shall be deposited in a | 100339 |
| special fund created for such purpose by the legislative authority | 100340 |
| and shall be used by the legislative authority exclusively for the | 100341 |
| purpose of complying with section 5709.68 of the Revised Code and | 100342 |
| by the tax incentive review council created under section 5709.85 | 100343 |
| of the Revised Code exclusively for the purposes of performing the | 100344 |
| duties prescribed under that section. The legislative authority | 100345 |
| may waive or reduce the amount of the fee charged against an | 100346 |
| enterprise, but such a waiver or reduction does not affect the | 100347 |
| obligations of the legislative authority or the tax incentive | 100348 |
| review council to comply with section 5709.68 or 5709.85 of the | 100349 |
| Revised Code. | 100350 |
| (H) When an agreement is entered into pursuant to this | 100351 |
| section, the legislative authority authorizing the agreement shall | 100352 |
| forward a copy of the agreement to the director of development and | 100353 |
| to the tax commissioner within fifteen days after the agreement is | 100354 |
| entered into. If any agreement includes terms not provided for in | 100355 |
| section 5709.631 of the Revised Code affecting the revenue of a | 100356 |
| city, local, or exempted village school district or causing | 100357 |
| revenue to be foregone by the district, including any compensation | 100358 |
| to be paid to the school district pursuant to section 5709.82 of | 100359 |
| the Revised Code, those terms also shall be forwarded in writing | 100360 |
| to the director of development along with the copy of the | 100361 |
| agreement forwarded under this division. | 100362 |
| (I) After an agreement is entered into, the enterprise shall | 100363 |
| file with each personal property tax return required to be filed, | 100364 |
| or annual report required to be filed under section 5727.08 of the | 100365 |
| Revised Code, while the agreement is in effect, an informational | 100366 |
| return, on a form prescribed by the tax commissioner for that | 100367 |
| purpose, setting forth separately the property, and related costs | 100368 |
| and values, exempted from taxation under the agreement. | 100369 |
| (J) Enterprises may agree to give preference to residents of | 100370 |
| the zone within which the agreement applies relative to residents | 100371 |
| of this state who do not reside in the zone when hiring new | 100372 |
| employees under the agreement. | 100373 |
| (K) An agreement entered into under this section may include | 100374 |
| a provision requiring the enterprise to create one or more | 100375 |
| temporary internship positions for students enrolled in a course | 100376 |
| of study at a school or other educational institution in the | 100377 |
| vicinity, and to create a scholarship or provide another form of | 100378 |
| educational financial assistance for students holding such a | 100379 |
| position in exchange for the student's commitment to work for the | 100380 |
| enterprise at the completion of the internship. | 100381 |
| (L) The tax commissioner's authority in determining the | 100382 |
| accuracy of any exemption granted by an agreement entered into | 100383 |
| under this section is limited to divisions (C)(1)(a) and (b), | 100384 |
| (C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and | 100385 |
| divisions (B)(1) to (10) of section 5709.631 of the Revised Code | 100386 |
| and, as authorized by law, to enforcing any modification to, or | 100387 |
| revocation of, that agreement by the legislative authority of a | 100388 |
| municipal corporation or the director of development. | 100389 |
| Sec. 5709.63. (A) With the consent of the legislative | 100390 |
| authority of each affected municipal corporation or of a board of | 100391 |
| township trustees, a board of county commissioners may, in the | 100392 |
| manner set forth in section 5709.62 of the Revised Code, designate | 100393 |
| one or more areas in one or more municipal corporations or in | 100394 |
| unincorporated areas of the county as proposed enterprise zones. A | 100395 |
| board of county commissioners may designate no more than one area | 100396 |
| within a township, or within adjacent townships, as a proposed | 100397 |
| enterprise zone. The board shall petition the director of | 100398 |
| development for certification of the area as having the | 100399 |
| characteristics set forth in division (A)(1) or (2) of section | 100400 |
| 5709.61 of the Revised Code as amended by Substitute Senate Bill | 100401 |
| No. 19 of the 120th general assembly. Except as otherwise provided | 100402 |
| in division (D) of this section, on and after July 1, 1994, boards | 100403 |
| of county commissioners shall not enter into agreements under this | 100404 |
| section unless the board has petitioned the director and the | 100405 |
| director has certified the zone under this section as amended by | 100406 |
| that act; however, all agreements entered into under this section | 100407 |
| as it existed prior to July 1, 1994, and the incentives granted | 100408 |
| under those agreements shall remain in effect for the period | 100409 |
| agreed to under those agreements. The director shall make the | 100410 |
| determination in the manner provided under section 5709.62 of the | 100411 |
| Revised Code. | 100412 |
| Any enterprise wishing to enter into an agreement with the | 100413 |
| board under division (B) or (D) of this section shall submit a | 100414 |
| proposal to the board on the form and accompanied by the | 100415 |
| application fee prescribed under division (B) of section 5709.62 | 100416 |
| of the Revised Code. The enterprise shall review and update the | 100417 |
| estimates and listings required by the form in the manner required | 100418 |
| under that division. The board may, on a separate form and at any | 100419 |
| time, require any additional information necessary to determine | 100420 |
| whether an enterprise is in compliance with an agreement and to | 100421 |
| collect the information required to be reported under section | 100422 |
| 5709.68 of the Revised Code. | 100423 |
| (B) If the board of county commissioners finds that an | 100424 |
| enterprise submitting a proposal is qualified by financial | 100425 |
| responsibility and business experience to create and preserve | 100426 |
| employment opportunities in the zone and to improve the economic | 100427 |
| climate of the municipal corporation or municipal corporations or | 100428 |
| the unincorporated areas in which the zone is located and to which | 100429 |
|
the proposal applies, the board, on or before
October 15, | 100430 |
| 2010, and with the consent of the legislative authority of each | 100431 |
| affected municipal corporation or of the board of township | 100432 |
| trustees may do either of the following: | 100433 |
| (1) Enter into an agreement with the enterprise under which | 100434 |
| the enterprise agrees to establish, expand, renovate, or occupy a | 100435 |
| facility in the zone and hire new employees, or preserve | 100436 |
| employment opportunities for existing employees, in return for the | 100437 |
| following incentives: | 100438 |
| (a) When the facility is located in a municipal corporation, | 100439 |
| the board may enter into an agreement for one or more of the | 100440 |
| incentives provided in division (C) of section 5709.62 of the | 100441 |
| Revised Code, subject to division (D) of that section; | 100442 |
| (b) When the facility is located in an unincorporated area, | 100443 |
| the board may enter into an agreement for one or more of the | 100444 |
| following incentives: | 100445 |
| (i) Exemption for a specified number of years, not to exceed | 100446 |
| fifteen, of a specified portion, up to sixty per cent, of the | 100447 |
| assessed value of tangible personal property first used in | 100448 |
| business at a project site as a result of the agreement. If an | 100449 |
| exemption for inventory is specifically granted in the agreement | 100450 |
| pursuant to this division, the exemption applies to inventory | 100451 |
| required to be listed pursuant to sections 5711.15 and 5711.16 of | 100452 |
| the Revised Code, except, in the instance of an expansion or other | 100453 |
| situations in which an enterprise was in business at the facility | 100454 |
| prior to the establishment of the zone, the inventory that is | 100455 |
| exempt is that amount or value of inventory in excess of the | 100456 |
| amount or value of inventory required to be listed in the personal | 100457 |
| property tax return of the enterprise in the return for the tax | 100458 |
| year in which the agreement is entered into. | 100459 |
| (ii) Exemption for a specified number of years, not to exceed | 100460 |
| fifteen, of a specified portion, up to sixty per cent, of the | 100461 |
| increase in the assessed valuation of real property constituting | 100462 |
| the project site subsequent to formal approval of the agreement by | 100463 |
| the board; | 100464 |
| (iii) Provision for a specified number of years, not to | 100465 |
| exceed fifteen, of any optional services or assistance the board | 100466 |
| is authorized to provide with regard to the project site; | 100467 |
| (iv) The incentive described in division (C)(2) of section | 100468 |
| 5709.62 of the Revised Code. | 100469 |
| (2) Enter into an agreement with an enterprise that plans to | 100470 |
| purchase and operate a large manufacturing facility that has | 100471 |
| ceased operation or has announced its intention to cease | 100472 |
| operation, in return for exemption for a specified number of | 100473 |
| years, not to exceed fifteen, of a specified portion, up to one | 100474 |
| hundred per cent, of tangible personal property used in business | 100475 |
| at the project site as a result of the agreement, or of real | 100476 |
| property constituting the project site, or both. | 100477 |
| (C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of | 100478 |
| this section, the portion of the assessed value of tangible | 100479 |
| personal property or of the increase in the assessed valuation of | 100480 |
| real property exempted from taxation under those divisions may | 100481 |
| exceed sixty per cent in any year for which that portion is | 100482 |
| exempted if the average percentage exempted for all years in which | 100483 |
| the agreement is in effect does not exceed fifty per cent, or if | 100484 |
| the board of education of the city, local, or exempted village | 100485 |
| school district within the territory of which the property is or | 100486 |
| will be located approves a percentage in excess of sixty per cent. | 100487 |
| (b) Notwithstanding any provision of the Revised Code to the | 100488 |
| contrary, the exemptions described in divisions (B)(1)(b)(i), | 100489 |
| (ii), (iii), and (iv) and (B)(2) of this section may be for up to | 100490 |
| fifteen years if the board of education of the city, local, or | 100491 |
| exempted village school district within the territory of which the | 100492 |
| property is or will be located approves a number of years in | 100493 |
| excess of ten. | 100494 |
| (c) For the purpose of obtaining the approval of a city, | 100495 |
| local, or exempted village school district under division | 100496 |
| (C)(1)(a) or (b) of this section, the board of county | 100497 |
| commissioners shall deliver to the board of education a notice not | 100498 |
| later than forty-five days prior to approving the agreement, | 100499 |
| excluding Saturdays, Sundays, and legal holidays as defined in | 100500 |
| section 1.14 of the Revised Code. The notice shall state the | 100501 |
| percentage to be exempted, an estimate of the true value of the | 100502 |
| property to be exempted, and the number of years the property is | 100503 |
| to be exempted. The board of education, by resolution adopted by a | 100504 |
| majority of the board, shall approve or disapprove the agreement | 100505 |
| and certify a copy of the resolution to the board of county | 100506 |
| commissioners not later than fourteen days prior to the date | 100507 |
| stipulated by the board of county commissioners as the date upon | 100508 |
| which approval of the agreement is to be formally considered by | 100509 |
| the board of county commissioners. The board of education may | 100510 |
| include in the resolution conditions under which the board would | 100511 |
| approve the agreement, including the execution of an agreement to | 100512 |
| compensate the school district under division (B) of section | 100513 |
| 5709.82 of the Revised Code. The board of county commissioners may | 100514 |
| approve the agreement at any time after the board of education | 100515 |
| certifies its resolution approving the agreement to the board of | 100516 |
| county commissioners, or, if the board of education approves the | 100517 |
| agreement conditionally, at any time after the conditions are | 100518 |
| agreed to by the board of education and the board of county | 100519 |
| commissioners. | 100520 |
| If a board of education has adopted a resolution waiving its | 100521 |
| right to approve agreements and the resolution remains in effect, | 100522 |
| approval of an agreement by the board of education is not required | 100523 |
| under division (C) of this section. If a board of education has | 100524 |
| adopted a resolution allowing a board of county commissioners to | 100525 |
| deliver the notice required under this division fewer than | 100526 |
| forty-five business days prior to approval of the agreement by the | 100527 |
| board of county commissioners, the board of county commissioners | 100528 |
| shall deliver the notice to the board of education not later than | 100529 |
| the number of days prior to such approval as prescribed by the | 100530 |
| board of education in its resolution. If a board of education | 100531 |
| adopts a resolution waiving its right to approve agreements or | 100532 |
| shortening the notification period, the board of education shall | 100533 |
| certify a copy of the resolution to the board of county | 100534 |
| commissioners. If the board of education rescinds such a | 100535 |
| resolution, it shall certify notice of the rescission to the board | 100536 |
| of county commissioners. | 100537 |
| (2) The board of county commissioners shall comply with | 100538 |
| section 5709.83 of the Revised Code unless the board of education | 100539 |
| has adopted a resolution under that section waiving its right to | 100540 |
| receive such notice. | 100541 |
| (D) This division applies to zones certified by the director | 100542 |
| of development under this section prior to July 22, 1994. | 100543 |
| On or before
October 15, | 100544 |
| the legislative authority of each affected municipal corporation | 100545 |
| or board of township trustees of each affected township, the board | 100546 |
| of county commissioners that designated a zone to which this | 100547 |
| division applies may enter into an agreement with an enterprise if | 100548 |
| the board finds that the enterprise satisfies one of the criteria | 100549 |
| described in divisions (D)(1) to (5) of this section: | 100550 |
| (1) The enterprise currently has no operations in this state | 100551 |
| and, subject to approval of the agreement, intends to establish | 100552 |
| operations in the zone; | 100553 |
| (2) The enterprise currently has operations in this state | 100554 |
| and, subject to approval of the agreement, intends to establish | 100555 |
| operations at a new location in the zone that would not result in | 100556 |
| a reduction in the number of employee positions at any of the | 100557 |
| enterprise's other locations in this state; | 100558 |
| (3) The enterprise, subject to approval of the agreement, | 100559 |
| intends to relocate operations, currently located in another | 100560 |
| state, to the zone; | 100561 |
| (4) The enterprise, subject to approval of the agreement, | 100562 |
| intends to expand operations at an existing site in the zone that | 100563 |
| the enterprise currently operates; | 100564 |
| (5) The enterprise, subject to approval of the agreement, | 100565 |
| intends to relocate operations, currently located in this state, | 100566 |
| to the zone, and the director of development has issued a waiver | 100567 |
| for the enterprise under division (B) of section 5709.633 of the | 100568 |
| Revised Code. | 100569 |
| The agreement shall require the enterprise to agree to | 100570 |
| establish, expand, renovate, or occupy a facility in the zone and | 100571 |
| hire new employees, or preserve employment opportunities for | 100572 |
| existing employees, in return for one or more of the incentives | 100573 |
| described in division (B) of this section. | 100574 |
| (E) All agreements entered into under this section shall be | 100575 |
| in the form prescribed under section 5709.631 of the Revised Code. | 100576 |
| After an agreement under this section is entered into, if the | 100577 |
| board of county commissioners revokes its designation of a zone, | 100578 |
| or if the director of development revokes a zone's certification, | 100579 |
| any entitlements granted under the agreement shall continue for | 100580 |
| the number of years specified in the agreement. | 100581 |
| (F) Except as otherwise provided in this division, an | 100582 |
| agreement entered into under this section shall require that the | 100583 |
| enterprise pay an annual fee equal to the greater of one per cent | 100584 |
| of the dollar value of incentives offered under the agreement or | 100585 |
| five hundred dollars; provided, however, that if the value of the | 100586 |
| incentives exceeds two hundred fifty thousand dollars, the fee | 100587 |
| shall not exceed two thousand five hundred dollars. The fee shall | 100588 |
| be payable to the board of county commissioners once per year for | 100589 |
| each year the agreement is effective on the days and in the form | 100590 |
| specified in the agreement. Fees paid shall be deposited in a | 100591 |
| special fund created for such purpose by the board and shall be | 100592 |
| used by the board exclusively for the purpose of complying with | 100593 |
| section 5709.68 of the Revised Code and by the tax incentive | 100594 |
| review council created under section 5709.85 of the Revised Code | 100595 |
| exclusively for the purposes of performing the duties prescribed | 100596 |
| under that section. The board may waive or reduce the amount of | 100597 |
| the fee charged against an enterprise, but such waiver or | 100598 |
| reduction does not affect the obligations of the board or the tax | 100599 |
| incentive review council to comply with section 5709.68 or 5709.85 | 100600 |
| of the Revised Code, respectively. | 100601 |
| (G) With the approval of the legislative authority of a | 100602 |
| municipal corporation or the board of township trustees of a | 100603 |
| township in which a zone is designated under division (A) of this | 100604 |
| section, the board of county commissioners may delegate to that | 100605 |
| legislative authority or board any powers and duties of the board | 100606 |
| of county commissioners to negotiate and administer agreements | 100607 |
| with regard to that zone under this section. | 100608 |
| (H) When an agreement is entered into pursuant to this | 100609 |
| section, the board of county commissioners authorizing the | 100610 |
| agreement or the legislative authority or board of township | 100611 |
| trustees that negotiates and administers the agreement shall | 100612 |
| forward a copy of the agreement to the director of development and | 100613 |
| to the tax commissioner within fifteen days after the agreement is | 100614 |
| entered into. If any agreement includes terms not provided for in | 100615 |
| section 5709.631 of the Revised Code affecting the revenue of a | 100616 |
| city, local, or exempted village school district or causing | 100617 |
| revenue to be foregone by the district, including any compensation | 100618 |
| to be paid to the school district pursuant to section 5709.82 of | 100619 |
| the Revised Code, those terms also shall be forwarded in writing | 100620 |
| to the director of development along with the copy of the | 100621 |
| agreement forwarded under this division. | 100622 |
| (I) After an agreement is entered into, the enterprise shall | 100623 |
| file with each personal property tax return required to be filed, | 100624 |
| or annual report that is required to be filed under section | 100625 |
| 5727.08 of the Revised Code, while the agreement is in effect, an | 100626 |
| informational return, on a form prescribed by the tax commissioner | 100627 |
| for that purpose, setting forth separately the property, and | 100628 |
| related costs and values, exempted from taxation under the | 100629 |
| agreement. | 100630 |
| (J) Enterprises may agree to give preference to residents of | 100631 |
| the zone within which the agreement applies relative to residents | 100632 |
| of this state who do not reside in the zone when hiring new | 100633 |
| employees under the agreement. | 100634 |
| (K) An agreement entered into under this section may include | 100635 |
| a provision requiring the enterprise to create one or more | 100636 |
| temporary internship positions for students enrolled in a course | 100637 |
| of study at a school or other educational institution in the | 100638 |
| vicinity, and to create a scholarship or provide another form of | 100639 |
| educational financial assistance for students holding such a | 100640 |
| position in exchange for the student's commitment to work for the | 100641 |
| enterprise at the completion of the internship. | 100642 |
| (L) The tax commissioner's authority in determining the | 100643 |
| accuracy of any exemption granted by an agreement entered into | 100644 |
| under this section is limited to divisions (B)(1)(b)(i) and (ii), | 100645 |
| (B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of | 100646 |
| this section as it pertains to divisions (C)(2)(a), (b), and (c) | 100647 |
| of section 5709.62 of the Revised Code, and divisions (B)(1) to | 100648 |
| (10) of section 5709.631 of the Revised Code and, as authorized by | 100649 |
| law, to enforcing any modification to, or revocation of, that | 100650 |
| agreement by the board of county commissioners or the director of | 100651 |
| development or, if the board's powers and duties are delegated | 100652 |
| under division (G) of this section, by the legislative authority | 100653 |
| of a municipal corporation or board of township trustees. | 100654 |
| Sec. 5709.632. (A)(1) The legislative authority of a | 100655 |
| municipal corporation defined by the United States office of | 100656 |
| management and budget as a principal city of a metropolitan | 100657 |
| statistical area may, in the manner set forth in section 5709.62 | 100658 |
| of the Revised Code, designate one or more areas in the municipal | 100659 |
| corporation as a proposed enterprise zone. | 100660 |
| (2) With the consent of the legislative authority of each | 100661 |
| affected municipal corporation or of a board of township trustees, | 100662 |
| a board of county commissioners may, in the manner set forth in | 100663 |
| section 5709.62 of the Revised Code, designate one or more areas | 100664 |
| in one or more municipal corporations or in unincorporated areas | 100665 |
| of the county as proposed urban jobs and enterprise zones, except | 100666 |
| that a board of county commissioners may designate no more than | 100667 |
| one area within a township, or within adjacent townships, as a | 100668 |
| proposed urban jobs and enterprise zone. | 100669 |
| (3) The legislative authority or board of county | 100670 |
| commissioners may petition the director of development for | 100671 |
| certification of the area as having the characteristics set forth | 100672 |
| in division (A)(3) of section 5709.61 of the Revised Code. Within | 100673 |
| sixty days after receiving such a petition, the director shall | 100674 |
| determine whether the area has the characteristics set forth in | 100675 |
| that division and forward the findings to the legislative | 100676 |
| authority or board of county commissioners. If the director | 100677 |
| certifies the area as having those characteristics and thereby | 100678 |
| certifies it as a zone, the legislative authority or board may | 100679 |
| enter into agreements with enterprises under division (B) of this | 100680 |
| section. Any enterprise wishing to enter into an agreement with a | 100681 |
| legislative authority or board of county commissioners under this | 100682 |
| section and satisfying one of the criteria described in divisions | 100683 |
| (B)(1) to (5) of this section shall submit a proposal to the | 100684 |
| legislative authority or board on the form prescribed under | 100685 |
| division (B) of section 5709.62 of the Revised Code and shall | 100686 |
| review and update the estimates and listings required by the form | 100687 |
| in the manner required under that division. The legislative | 100688 |
| authority or board may, on a separate form and at any time, | 100689 |
| require any additional information necessary to determine whether | 100690 |
| an enterprise is in compliance with an agreement and to collect | 100691 |
| the information required to be reported under section 5709.68 of | 100692 |
| the Revised Code. | 100693 |
| (B) Prior to entering into an agreement with an enterprise, | 100694 |
| the legislative authority or board of county commissioners shall | 100695 |
| determine whether the enterprise submitting the proposal is | 100696 |
| qualified by financial responsibility and business experience to | 100697 |
| create and preserve employment opportunities in the zone and to | 100698 |
| improve the economic climate of the municipal corporation or | 100699 |
| municipal corporations or the unincorporated areas in which the | 100700 |
| zone is located and to which the proposal applies, and whether the | 100701 |
| enterprise satisfies one of the following criteria: | 100702 |
| (1) The enterprise currently has no operations in this state | 100703 |
| and, subject to approval of the agreement, intends to establish | 100704 |
| operations in the zone; | 100705 |
| (2) The enterprise currently has operations in this state | 100706 |
| and, subject to approval of the agreement, intends to establish | 100707 |
| operations at a new location in the zone that would not result in | 100708 |
| a reduction in the number of employee positions at any of the | 100709 |
| enterprise's other locations in this state; | 100710 |
| (3) The enterprise, subject to approval of the agreement, | 100711 |
| intends to relocate operations, currently located in another | 100712 |
| state, to the zone; | 100713 |
| (4) The enterprise, subject to approval of the agreement, | 100714 |
| intends to expand operations at an existing site in the zone that | 100715 |
| the enterprise currently operates; | 100716 |
| (5) The enterprise, subject to approval of the agreement, | 100717 |
| intends to relocate operations, currently located in this state, | 100718 |
| to the zone, and the director of development has issued a waiver | 100719 |
| for the enterprise under division (B) of section 5709.633 of the | 100720 |
| Revised Code. | 100721 |
| (C) If the legislative authority or board determines that the | 100722 |
| enterprise is so qualified and satisfies one of the criteria | 100723 |
| described in divisions (B)(1) to (5) of this section, the | 100724 |
| legislative authority or board may, after complying with section | 100725 |
|
5709.83 of the Revised Code and on or before
October 15, | 100726 |
| 2010, and, in the case of a board of commissioners, with the | 100727 |
| consent of the legislative authority of each affected municipal | 100728 |
| corporation or of the board of township trustees, enter into an | 100729 |
| agreement with the enterprise under which the enterprise agrees to | 100730 |
| establish, expand, renovate, or occupy a facility in the zone and | 100731 |
| hire new employees, or preserve employment opportunities for | 100732 |
| existing employees, in return for the following incentives: | 100733 |
| (1) When the facility is located in a municipal corporation, | 100734 |
| a legislative authority or board of commissioners may enter into | 100735 |
| an agreement for one or more of the incentives provided in | 100736 |
| division (C) of section 5709.62 of the Revised Code, subject to | 100737 |
| division (D) of that section; | 100738 |
| (2) When the facility is located in an unincorporated area, a | 100739 |
| board of commissioners may enter into an agreement for one or more | 100740 |
| of the incentives provided in divisions (B)(1)(b), (B)(2), and | 100741 |
| (B)(3) of section 5709.63 of the Revised Code, subject to division | 100742 |
| (C) of that section. | 100743 |
| (D) All agreements entered into under this section shall be | 100744 |
| in the form prescribed under section 5709.631 of the Revised Code. | 100745 |
| After an agreement under this section is entered into, if the | 100746 |
| legislative authority or board of county commissioners revokes its | 100747 |
| designation of the zone, or if the director of development revokes | 100748 |
| the zone's certification, any entitlements granted under the | 100749 |
| agreement shall continue for the number of years specified in the | 100750 |
| agreement. | 100751 |
| (E) Except as otherwise provided in this division, an | 100752 |
| agreement entered into under this section shall require that the | 100753 |
| enterprise pay an annual fee equal to the greater of one per cent | 100754 |
| of the dollar value of incentives offered under the agreement or | 100755 |
| five hundred dollars; provided, however, that if the value of the | 100756 |
| incentives exceeds two hundred fifty thousand dollars, the fee | 100757 |
| shall not exceed two thousand five hundred dollars. The fee shall | 100758 |
| be payable to the legislative authority or board of commissioners | 100759 |
| once per year for each year the agreement is effective on the days | 100760 |
| and in the form specified in the agreement. Fees paid shall be | 100761 |
| deposited in a special fund created for such purpose by the | 100762 |
| legislative authority or board and shall be used by the | 100763 |
| legislative authority or board exclusively for the purpose of | 100764 |
| complying with section 5709.68 of the Revised Code and by the tax | 100765 |
| incentive review council created under section 5709.85 of the | 100766 |
| Revised Code exclusively for the purposes of performing the duties | 100767 |
| prescribed under that section. The legislative authority or board | 100768 |
| may waive or reduce the amount of the fee charged against an | 100769 |
| enterprise, but such waiver or reduction does not affect the | 100770 |
| obligations of the legislative authority or board or the tax | 100771 |
| incentive review council to comply with section 5709.68 or 5709.85 | 100772 |
| of the Revised Code, respectively. | 100773 |
| (F) With the approval of the legislative authority of a | 100774 |
| municipal corporation or the board of township trustees of a | 100775 |
| township in which a zone is designated under division (A)(2) of | 100776 |
| this section, the board of county commissioners may delegate to | 100777 |
| that legislative authority or board any powers and duties of the | 100778 |
| board to negotiate and administer agreements with regard to that | 100779 |
| zone under this section. | 100780 |
| (G) When an agreement is entered into pursuant to this | 100781 |
| section, the legislative authority or board of commissioners | 100782 |
| authorizing the agreement shall forward a copy of the agreement to | 100783 |
| the director of development and to the tax commissioner within | 100784 |
| fifteen days after the agreement is entered into. If any | 100785 |
| agreement includes terms not provided for in section 5709.631 of | 100786 |
| the Revised Code affecting the revenue of a city, local, or | 100787 |
| exempted village school district or causing revenue to be foregone | 100788 |
| by the district, including any compensation to be paid to the | 100789 |
| school district pursuant to section 5709.82 of the Revised Code, | 100790 |
| those terms also shall be forwarded in writing to the director of | 100791 |
| development along with the copy of the agreement forwarded under | 100792 |
| this division. | 100793 |
| (H) After an agreement is entered into, the enterprise shall | 100794 |
| file with each personal property tax return required to be filed | 100795 |
| while the agreement is in effect, an informational return, on a | 100796 |
| form prescribed by the tax commissioner for that purpose, setting | 100797 |
| forth separately the property, and related costs and values, | 100798 |
| exempted from taxation under the agreement. | 100799 |
| (I) An agreement entered into under this section may include | 100800 |
| a provision requiring the enterprise to create one or more | 100801 |
| temporary internship positions for students enrolled in a course | 100802 |
| of study at a school or other educational institution in the | 100803 |
| vicinity, and to create a scholarship or provide another form of | 100804 |
| educational financial assistance for students holding such a | 100805 |
| position in exchange for the student's commitment to work for the | 100806 |
| enterprise at the completion of the internship. | 100807 |
| Sec. 5711.33. (A)(1) When a county treasurer receives a | 100808 |
| certificate from a county auditor pursuant to division (A) of | 100809 |
| section 5711.32 of the Revised Code charging the treasurer with | 100810 |
| the collection of an amount of taxes due as the result of a | 100811 |
| deficiency assessment, the treasurer shall immediately prepare and | 100812 |
| mail a tax bill to the taxpayer owing such tax. The tax bill shall | 100813 |
| contain the name of the taxpayer; the taxable value, tax rate, and | 100814 |
| taxes charged for each year being assessed; the total amount of | 100815 |
| taxes due; the final date payment may be made without additional | 100816 |
| penalty; and any other information the treasurer considers | 100817 |
| pertinent or necessary. Taxes due and payable as a result of a | 100818 |
| deficiency assessment, less any amount specifically excepted from | 100819 |
| collection under division (B) of section 5711.32 of the Revised | 100820 |
| Code, shall be paid with interest thereon as prescribed by section | 100821 |
| 5719.041 of the Revised Code on or before the sixtieth day | 100822 |
| following the date of issuance of the certificate by the county | 100823 |
| auditor. The balance of taxes found due and payable after a final | 100824 |
| determination by the tax commissioner or a final judgment of the | 100825 |
| board of tax appeals or any court to which such final judgment may | 100826 |
| be appealed shall be paid with interest thereon as prescribed by | 100827 |
| section 5719.041 of the Revised Code on or before the sixtieth day | 100828 |
| following the date of certification by the auditor to the | 100829 |
| treasurer pursuant to division (C) of section 5711.32 of the | 100830 |
| Revised Code of such final determination or judgment. Such final | 100831 |
| dates for payment shall be determined and exhibited on the tax | 100832 |
| bill by the treasurer. | 100833 |
| (2) If, on or before the sixtieth day following the date of a | 100834 |
| certification of a deficiency assessment under division (A) of | 100835 |
| section 5711.32 of the Revised Code or of a certification of a | 100836 |
| final determination or judgment under division (C) of section | 100837 |
| 5711.32 of the Revised Code, the taxpayer pays the full amount of | 100838 |
| taxes and interest due at the time of the receipt of certification | 100839 |
| with respect to that assessment, determination, or judgment, no | 100840 |
| interest shall accrue or be charged with respect to that | 100841 |
| assessment, determination, or judgment for the period that begins | 100842 |
| on the first day of the month in which the certification is made | 100843 |
| and that ends on the last day of the month preceding the month in | 100844 |
| which such sixtieth day occurs. | 100845 |
| (B) When the taxes charged, as mentioned in division (A) of | 100846 |
| this section, are not paid within the time prescribed by such | 100847 |
| division, a penalty of ten per cent of the amount due and unpaid | 100848 |
| and interest for the period described in division (A)(2) of this | 100849 |
| section shall accrue at the time the treasurer closes the | 100850 |
| treasurer's office for business on the last day so prescribed, but | 100851 |
| if the taxes are paid within ten days subsequent to the last day | 100852 |
| prescribed, the treasurer shall waive the collection of and the | 100853 |
| auditor shall remit one-half of the penalty. The treasurer shall | 100854 |
| not thereafter accept less than the full amount of taxes and | 100855 |
| penalty except as otherwise authorized by law. Such penalty shall | 100856 |
| be distributed in the same manner and at the same time as the tax | 100857 |
| upon which it has accrued. The whole amount collected shall be | 100858 |
| included in the next succeeding settlement of appropriate taxes. | 100859 |
| (C) When the taxes charged, as mentioned in division (A) of | 100860 |
| this section, remain unpaid after the final date for payment | 100861 |
| prescribed by such division, such charges shall be deemed to be | 100862 |
| delinquent taxes. The county auditor shall cause such charges, | 100863 |
| including the penalty that has accrued pursuant to this section, | 100864 |
| to be added to the delinquent tax duplicate in accordance with | 100865 |
| section 5719.04 of the Revised Code. | 100866 |
| (D) The county auditor, upon consultation with the county | 100867 |
| treasurer, shall remit a penalty imposed under division (B) of | 100868 |
|
this section or division | 100869 |
| Code for the late payment of taxes when: | 100870 |
| (1) The taxpayer could not make timely payment of the tax | 100871 |
| because of the negligence or error of the county auditor or county | 100872 |
| treasurer in the performance of a statutory duty relating to the | 100873 |
| levy or collection of such tax. | 100874 |
| (2) In cases other than those described in division (D)(1) of | 100875 |
| this section, the taxpayer failed to receive a tax bill or a | 100876 |
| correct tax bill, and the taxpayer made a good faith effort to | 100877 |
| obtain such bill within thirty days after the last day for payment | 100878 |
| of the tax. | 100879 |
| (3) The tax was not timely paid because of the death or | 100880 |
| serious injury of the taxpayer, or the taxpayer's confinement in a | 100881 |
| hospital within sixty days preceding the last day for payment of | 100882 |
| the tax if, in any case, the tax was subsequently paid within | 100883 |
| sixty days after the last day for payment of such tax. | 100884 |
| (4) The taxpayer demonstrates that the full payment was | 100885 |
| properly deposited in the mail in sufficient time for the envelope | 100886 |
| to be postmarked by the United States postal service on or before | 100887 |
| the last day for payment of such tax. A private meter postmark on | 100888 |
| an envelope is not a valid postmark for purposes of establishing | 100889 |
| the date of payment of such tax. | 100890 |
| (5) In cases other than those described in divisions (D)(1) | 100891 |
| to (4) of this section, the taxpayer's failure to make timely | 100892 |
| payment of the tax is due to reasonable cause and not willful | 100893 |
| neglect. | 100894 |
| (E) The taxpayer, upon application within sixty days after | 100895 |
| the mailing of the county auditor's decision, may request the tax | 100896 |
| commissioner to review the denial of the remission of a penalty by | 100897 |
| the county auditor. The application may be filed in person or by | 100898 |
| certified mail. If the application is filed by certified mail, the | 100899 |
| date of the United States postmark placed on the sender's receipt | 100900 |
| by the postal service shall be treated as the date of filing. The | 100901 |
| commissioner shall consider the application, determine whether the | 100902 |
| penalty should be remitted, and certify the determination to the | 100903 |
| taxpayer and to the county treasurer and county auditor, who shall | 100904 |
| correct the tax list and duplicate accordingly. The commissioner | 100905 |
| may issue orders and instructions for the uniform implementation | 100906 |
| of this section by all county auditors and county treasurers, and | 100907 |
| such orders and instructions shall be followed by such officers. | 100908 |
| Sec. 5715.02. The county treasurer, county auditor, and
| 100909 |
| 100910 | |
| selected by the board of county commissioners shall constitute the | 100911 |
| county board of revision, or they may provide for one or more | 100912 |
| hearing boards when they deem the creation of such to be necessary | 100913 |
| to the expeditious hearing of valuation complaints. Each such | 100914 |
|
official may | 100915 |
|
official's office to serve in | 100916 |
| on each such board for the purpose of hearing complaints as to the | 100917 |
| value of real property only, each such hearing board has the same | 100918 |
| authority to hear and decide complaints and sign the journal as | 100919 |
| the board of revision, and shall proceed in the manner provided | 100920 |
|
for the board of
revision by sections 5715.08 to 5715.20 | 100921 |
| 100922 | |
| shall be the decision of the board of revision. | 100923 |
| A majority of a county board of revision or hearing board | 100924 |
| shall constitute a quorum to hear and determine any complaint, and | 100925 |
| any vacancy shall not impair the right of the remaining members of | 100926 |
| such board, whether elected officials or appointees, to exercise | 100927 |
| all the powers thereof so long as a majority remains. | 100928 |
| Each member of a county board of revision or hearing board | 100929 |
| may administer oaths. | 100930 |
| Sec. 5715.251. The county auditor may appeal to the board of | 100931 |
| tax appeals any determination of change in the abstract of real | 100932 |
|
property of a taxing district in | 100933 |
| made by the tax commissioner under section 5715.24 of the Revised | 100934 |
| Code. The appeal shall be taken within thirty days after receipt | 100935 |
| of the statement by the county auditor of the commissioner's | 100936 |
| determination by the filing by the county auditor of a notice of | 100937 |
| appeal with the board and the commissioner. Such notice of appeal | 100938 |
| shall set forth the determination of the commissioner appealed | 100939 |
| from and the errors therein complained of. Proof of the filing of | 100940 |
| such notice with the commissioner shall be filed with the board. | 100941 |
| The board shall have exclusive jurisdiction of the appeal. | 100942 |
| In all such appeals the commissioner shall be made appellee. | 100943 |
| Unless waived, notice of the appeal shall be served upon the | 100944 |
| commissioner by certified mail. The prosecuting attorney shall | 100945 |
| represent the county auditor in such an appeal. | 100946 |
| The commissioner, upon written demand filed by the county | 100947 |
| auditor, shall within thirty days after the filing of such demand | 100948 |
| file with the board a certified transcript of the record of the | 100949 |
| commissioner's proceedings pertaining to the determination | 100950 |
|
complained of and the evidence | 100951 |
| making such determination. | 100952 |
| If upon hearing and consideration of such record and evidence | 100953 |
| the board decides that the determination appealed from is | 100954 |
| reasonable and lawful, it shall affirm the same, but if the board | 100955 |
| decides that such determination is unreasonable or unlawful, the | 100956 |
| board shall reverse and vacate the determination or modify it and | 100957 |
| enter final order in accordance with such modification. | 100958 |
| The secretary of the board shall | 100959 |
| the board to the county auditor and to the commissioner, and they | 100960 |
| shall take such action in connection therewith as is required to | 100961 |
| give effect to the order of the board. | 100962 |
| Sec. 5715.26. (A)(1) Upon receiving the statement required | 100963 |
| by section 5715.25 of the Revised Code, the county auditor shall | 100964 |
| forthwith add to or deduct from each tract, lot, or parcel of real | 100965 |
| property or class of real property the required percentage or | 100966 |
| amount of the valuation thereof, adding or deducting any sum less | 100967 |
| than five dollars so that the value of any separate tract, lot, or | 100968 |
| parcel of real property shall be ten dollars or some multiple | 100969 |
| thereof. | 100970 |
| (2) | 100971 |
| required by this section, the auditor shall transmit to the tax | 100972 |
| commissioner the appropriate adjusted abstract of the real | 100973 |
|
property of each taxing district in | 100974 |
| which an adjustment was required. | 100975 |
| (3) If the commissioner increases or decreases the aggregate | 100976 |
| value of the real property or any class thereof in any county or | 100977 |
| taxing district thereof and does not receive within ninety days | 100978 |
| thereafter an adjusted abstract conforming to its statement for | 100979 |
|
such county or taxing district therein, | 100980 |
| withhold from such county or taxing district therein fifty per | 100981 |
| cent of its share in the distribution of state revenues to local | 100982 |
| governments pursuant to sections 5747.50 to 5747.55 of the Revised | 100983 |
| Code and shall direct the department of education to withhold | 100984 |
| therefrom fifty per cent of state revenues to school districts | 100985 |
|
pursuant to | 100986 |
| The commissioner shall withhold the distribution of such funds | 100987 |
| until such county auditor has complied with this division, and the | 100988 |
| department shall withhold the distribution of such funds until the | 100989 |
| commissioner has notified the department that such county auditor | 100990 |
| has complied with this division. | 100991 |
| (B)(1) If the commissioner's determination is appealed under | 100992 |
| section 5715.251 of the Revised Code, the county auditor, | 100993 |
| treasurer, and all other officers shall forthwith proceed with the | 100994 |
| levy and collection of the current year's taxes in the manner | 100995 |
| prescribed by law. The taxes shall be determined and collected as | 100996 |
| if the commissioner had determined under section 5715.24 of the | 100997 |
| Revised Code that the real property and the various classes | 100998 |
| thereof in the county as shown in the auditor's abstract were | 100999 |
| assessed for taxation and the true and agricultural use values | 101000 |
| were recorded on the agricultural land tax list as required by | 101001 |
| law. | 101002 |
| (2) If as a result of the appeal to the board it is finally | 101003 |
| determined either that all real property and the various classes | 101004 |
| thereof have not been assessed as required by law or that the | 101005 |
| values set forth in the agricultural land tax list do not | 101006 |
| correctly reflect the true and agricultural use values of the | 101007 |
| lands contained therein, the county auditor shall forthwith add to | 101008 |
| or deduct from each tract, lot, or parcel of real property or | 101009 |
| class of real property the required percentage or amount of the | 101010 |
| valuation in accordance with the order of the board or judgment of | 101011 |
| the court to which the board's order was appealed, and the taxes | 101012 |
| on each tract, lot, or parcel and the percentages required by | 101013 |
| section 319.301 of the Revised Code shall be recomputed using the | 101014 |
| valuation as finally determined. The order or judgment making the | 101015 |
| final determination shall prescribe the time and manner for | 101016 |
| collecting, crediting, or refunding the resultant increases or | 101017 |
| decreases in taxes. | 101018 |
| Sec. 5717.03. (A) A decision of the board of tax appeals on | 101019 |
| an appeal filed with it pursuant to section 5717.01, 5717.011, or | 101020 |
| 5717.02 of the Revised Code shall be entered of record on the | 101021 |
| journal together with the date when the order is filed with the | 101022 |
| secretary for journalization. | 101023 |
| (B) In case of an appeal from a decision of a county board of | 101024 |
| revision, the board of tax appeals shall determine the taxable | 101025 |
| value of the property whose valuation or assessment by the county | 101026 |
| board of revision is complained of, or in the event the complaint | 101027 |
| and appeal is against a discriminatory valuation, shall determine | 101028 |
| a valuation which shall correct such discrimination, and shall | 101029 |
| determine the liability of the property for taxation, if that | 101030 |
|
question is in issue, and the board of tax | 101031 |
| decision and the date when it was filed with the secretary for | 101032 |
|
journalization shall be | 101033 |
| 101034 | |
| board, to the person in whose name the property is listed, or | 101035 |
| sought to be listed, if such person is not a party to the appeal, | 101036 |
| to the county auditor of the county in which the property involved | 101037 |
| in the appeal is located, and to the tax commissioner. | 101038 |
| In correcting a discriminatory valuation, the board of tax | 101039 |
| appeals shall increase or decrease the value of the property whose | 101040 |
| valuation or assessment by the county board of revision is | 101041 |
| complained of by a per cent or amount which will cause such | 101042 |
| property to be listed and valued for taxation by an equal and | 101043 |
| uniform rule. | 101044 |
| (C) In the case of an appeal from a review, redetermination, | 101045 |
| or correction of a tax assessment, valuation, determination, | 101046 |
| finding, computation, or order of the tax commissioner, the order | 101047 |
| of the board of tax appeals and the date of the entry thereof upon | 101048 |
|
its journal shall be | 101049 |
| to all persons who were parties to the appeal before the board, | 101050 |
| the person in whose name the property is listed or sought to be | 101051 |
| listed, if the decision determines the valuation or liability of | 101052 |
| property for taxation and if such person is not a party to the | 101053 |
| appeal, the taxpayer or other person to whom notice of the tax | 101054 |
| assessment, valuation, determination, finding, computation, or | 101055 |
| order, or correction or redetermination thereof, by the tax | 101056 |
| commissioner was by law required to be given, the director of | 101057 |
| budget and management, if the revenues affected by such decision | 101058 |
| would accrue primarily to the state treasury, and the county | 101059 |
| auditors of the counties to the undivided general tax funds of | 101060 |
| which the revenues affected by such decision would primarily | 101061 |
| accrue. | 101062 |
| (D) In the case of an appeal from a municipal board of appeal | 101063 |
| created under section 718.11 of the Revised Code, the order of the | 101064 |
| board of tax appeals and the date of the entry thereof upon the | 101065 |
|
board's journal shall be | 101066 |
| 101067 | |
| board. | 101068 |
| (E) In the case of all other appeals or applications filed | 101069 |
| with and determined by the board, the board's order and the date | 101070 |
| when the order was filed by the secretary for journalization shall | 101071 |
|
be | 101072 |
| is a party to such appeal or application, to such persons as the | 101073 |
| law requires, and to such other persons as the board deems proper. | 101074 |
| (F) The orders of the board may affirm, reverse, vacate, | 101075 |
| modify, or remand the tax assessments, valuations, determinations, | 101076 |
| findings, computations, or orders complained of in the appeals | 101077 |
| determined by the board, and the board's decision shall become | 101078 |
| final and conclusive for the current year unless reversed, | 101079 |
| vacated, or modified as provided in section 5717.04 of the Revised | 101080 |
| Code. When an order of the board becomes final the tax | 101081 |
| commissioner and all officers to whom such decision has been | 101082 |
| 101083 | |
| records which the decision requires. | 101084 |
| (G) If the board finds that issues not raised on the appeal | 101085 |
| are important to a determination of a controversy, the board may | 101086 |
| remand the cause for an administrative determination and the | 101087 |
| issuance of a new tax assessment, valuation, determination, | 101088 |
| finding, computation, or order, unless the parties stipulate to | 101089 |
| the determination of such other issues without remand. An order | 101090 |
| remanding the cause is a final order. If the order relates to any | 101091 |
| issue other than a municipal income tax matter appealed under | 101092 |
| sections 718.11 and 5717.011 of the Revised Code, the order may be | 101093 |
| appealed to the court of appeals in Franklin county. If the order | 101094 |
| relates to a municipal income tax matter appealed under sections | 101095 |
| 718.11 and 5717.011 of the Revised Code, the order may be appealed | 101096 |
| to the court of appeals for the county in which the municipal | 101097 |
| corporation in which the dispute arose is primarily situated. | 101098 |
| Sec. 5717.04. The proceeding to obtain a reversal, vacation, | 101099 |
| or modification of a decision of the board of tax appeals shall be | 101100 |
| by appeal to the supreme court or the court of appeals for the | 101101 |
| county in which the property taxed is situate or in which the | 101102 |
| taxpayer resides. If the taxpayer is a corporation, then the | 101103 |
| proceeding to obtain such reversal, vacation, or modification | 101104 |
| shall be by appeal to the supreme court or to the court of appeals | 101105 |
| for the county in which the property taxed is situate, or the | 101106 |
| county of residence of the agent for service of process, tax | 101107 |
| notices, or demands, or the county in which the corporation has | 101108 |
| its principal place of business. In all other instances, the | 101109 |
| proceeding to obtain such reversal, vacation, or modification | 101110 |
| shall be by appeal to the court of appeals for Franklin county. | 101111 |
| Appeals from decisions of the board determining appeals from | 101112 |
| decisions of county boards of revision may be instituted by any of | 101113 |
| the persons who were parties to the appeal before the board of tax | 101114 |
| appeals, by the person in whose name the property involved in the | 101115 |
| appeal is listed or sought to be listed, if such person was not a | 101116 |
| party to the appeal before the board of tax appeals, or by the | 101117 |
| county auditor of the county in which the property involved in the | 101118 |
| appeal is located. | 101119 |
| Appeals from decisions of the board of tax appeals | 101120 |
| determining appeals from final determinations by the tax | 101121 |
| commissioner of any preliminary, amended, or final tax | 101122 |
| assessments, reassessments, valuations, determinations, findings, | 101123 |
| computations, or orders made by the commissioner may be instituted | 101124 |
| by any of the persons who were parties to the appeal or | 101125 |
| application before the board, by the person in whose name the | 101126 |
| property is listed or sought to be listed, if the decision | 101127 |
| appealed from determines the valuation or liability of property | 101128 |
| for taxation and if any such person was not a party to the appeal | 101129 |
| or application before the board, by the taxpayer or any other | 101130 |
| person to whom the decision of the board appealed from was by law | 101131 |
|
required to be | 101132 |
|
management | 101133 |
| appealed from would accrue primarily to the state treasury, by the | 101134 |
| county auditor of the county to the undivided general tax funds of | 101135 |
| which the revenues affected by the decision of the board appealed | 101136 |
| from would primarily accrue, or by the tax commissioner. | 101137 |
| Appeals from decisions of the board upon all other appeals or | 101138 |
| applications filed with and determined by the board may be | 101139 |
| instituted by any of the persons who were parties to such appeal | 101140 |
| or application before the board, by any persons to whom the | 101141 |
| decision of the board appealed from was by law required to be | 101142 |
| 101143 | |
| sent the decision appealed from, as authorized by section 5717.03 | 101144 |
| of the Revised Code. | 101145 |
| Such appeals shall be taken within thirty days after the date | 101146 |
| of the entry of the decision of the board on the journal of its | 101147 |
| proceedings, as provided by such section, by the filing by | 101148 |
| appellant of a notice of appeal with the court to which the appeal | 101149 |
| is taken and the board. If a timely notice of appeal is filed by a | 101150 |
| party, any other party may file a notice of appeal within ten days | 101151 |
| of the date on which the first notice of appeal was filed or | 101152 |
| within the time otherwise prescribed in this section, whichever is | 101153 |
| later. A notice of appeal shall set forth the decision of the | 101154 |
| board appealed from and the errors therein complained of. Proof of | 101155 |
| the filing of such notice with the board shall be filed with the | 101156 |
| court to which the appeal is being taken. The court in which | 101157 |
| notice of appeal is first filed shall have exclusive jurisdiction | 101158 |
| of the appeal. | 101159 |
| In all such appeals the tax commissioner or all persons to | 101160 |
| whom the decision of the board appealed from is required by such | 101161 |
|
section to be | 101162 |
| made appellees. Unless waived, notice of the appeal shall be | 101163 |
| served upon all appellees by certified mail. The prosecuting | 101164 |
| attorney shall represent the county auditor in any such appeal in | 101165 |
| which the auditor is a party. | 101166 |
| The board, upon written demand filed by an appellant, shall | 101167 |
| within thirty days after the filing of such demand file with the | 101168 |
| court to which the appeal is being taken a certified transcript of | 101169 |
| the record of the proceedings of the board pertaining to the | 101170 |
| decision complained of and the evidence considered by the board in | 101171 |
| making such decision. | 101172 |
| If upon hearing and consideration of such record and evidence | 101173 |
| the court decides that the decision of the board appealed from is | 101174 |
| reasonable and lawful it shall affirm the same, but if the court | 101175 |
| decides that such decision of the board is unreasonable or | 101176 |
| unlawful, the court shall reverse and vacate the decision or | 101177 |
| modify it and enter final judgment in accordance with such | 101178 |
| modification. | 101179 |
| The clerk of the court shall certify the judgment of the | 101180 |
| court to the board, which shall certify such judgment to such | 101181 |
| public officials or take such other action in connection therewith | 101182 |
| as is required to give effect to the decision. The "taxpayer" | 101183 |
| includes any person required to return any property for taxation. | 101184 |
| Any party to the appeal shall have the right to appeal from | 101185 |
| the judgment of the court of appeals on questions of law, as in | 101186 |
| other cases. | 101187 |
| Sec. 5725.18. (A) An annual franchise tax on the privilege | 101188 |
| of being an insurance company is hereby levied on each domestic | 101189 |
| insurance company. In the month of May, annually, the treasurer of | 101190 |
| state shall charge for collection from each domestic insurance | 101191 |
| company a franchise tax in the amount computed in accordance with | 101192 |
| the following, as applicable: | 101193 |
| (1) With respect to a domestic insurance company that is a | 101194 |
| health insuring corporation, one per cent of all premium rate | 101195 |
| payments received, exclusive of payments received under the | 101196 |
| medicare program established under Title XVIII of the "Social | 101197 |
| Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, | 101198 |
| 101199 | |
| 101200 | |
| report for the preceding calendar year; | 101201 |
| (2) With respect to a domestic insurance company that is not | 101202 |
| a health insuring corporation, one and four-tenths per cent of the | 101203 |
| gross amount of premiums received from policies covering risks | 101204 |
| within this state, exclusive of premiums received under the | 101205 |
| medicare program established under Title XVIII of the "Social | 101206 |
| Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, | 101207 |
| 101208 | |
| 101209 | |
| statement for the preceding calendar year, and, if the company | 101210 |
| operates a health insuring corporation as a line of business, one | 101211 |
| per cent of all premium rate payments received from that line of | 101212 |
| business, exclusive of payments received under the medicare | 101213 |
| program established under Title XVIII of the "Social Security | 101214 |
|
Act," 49 Stat. 620 (1935), 42
U.S.C.A.
301, as amended, | 101215 |
| 101216 | |
| 101217 | |
| statement for the preceding calendar year. | 101218 |
| (B) The gross amount of premium rate payments or premiums | 101219 |
| used to compute the applicable tax in accordance with division (A) | 101220 |
| of this section is subject to the deductions prescribed by section | 101221 |
| 5729.03 of the Revised Code for foreign insurance companies. The | 101222 |
| objects of such tax are those declared in section 5725.24 of the | 101223 |
| Revised Code, to which only such tax shall be applied. | 101224 |
| (C) In no case shall such tax be less than two hundred fifty | 101225 |
| dollars. | 101226 |
| Sec. 5725.33. (A) Except as otherwise provided in this | 101227 |
| section, terms used in this section have the same meaning as | 101228 |
| section 45D of the Internal Revenue Code, any related proposed, | 101229 |
| temporary or final regulations promulgated under the Internal | 101230 |
| Revenue Code, any rules or guidance of the internal revenue | 101231 |
| service or the United States department of the treasury, and any | 101232 |
| related rules or guidance issued by the community development | 101233 |
| financial institutions fund of the United States department of the | 101234 |
| treasury. | 101235 |
| As used in this section: | 101236 |
| (1) "Adjusted purchase price" means the amount paid for | 101237 |
| qualified equity investments multiplied by the qualified | 101238 |
| low-income community investments made by the issuer in projects | 101239 |
| located in this state as a percentage of the total amount of | 101240 |
| qualified low-income community investments made by the issuer in | 101241 |
| projects located in all states on the credit allowance date | 101242 |
| during the applicable tax year, subject to divisions (B)(1) and | 101243 |
| (2) of this section. | 101244 |
| (2) "Applicable percentage" means zero per cent for each of | 101245 |
| the first two credit allowance dates, seven per cent for the third | 101246 |
| credit allowance date, and eight per cent for the four following | 101247 |
| credit allowance dates. | 101248 |
| (3) "Credit allowance date" means the date, on or after | 101249 |
| January 1, 2010, a qualified equity investment is made and each | 101250 |
| of the six anniversary dates thereafter. For qualified equity | 101251 |
| investments made after the effective date of this section but | 101252 |
| before January 1, 2010, the initial credit allowance date is | 101253 |
| January 1, 2010, and each of the six anniversary dates thereafter | 101254 |
| is on the first day of January of each year. | 101255 |
| (4) "Qualified active low-income community business" excludes | 101256 |
| any business that derives or projects to derive fifteen per cent | 101257 |
| or more of annual revenue from the rental or sale of real | 101258 |
| property, except any business that is a special purpose entity | 101259 |
| principally owned by a principal user of that property formed | 101260 |
| solely for the purpose of renting, either directly or indirectly, | 101261 |
| or selling real property back to such principal user if such | 101262 |
| principal user does not derive fifteen per cent or more of its | 101263 |
| gross annual revenue from the rental or sale of real property. | 101264 |
| (5) "Qualified community development entity" includes only | 101265 |
| entities: | 101266 |
| (a) That have entered into an allocation agreement with the | 101267 |
| community development financial institutions fund of the United | 101268 |
| States department of the treasury with respect to credits | 101269 |
| authorized by section 45D of the Internal Revenue Code; | 101270 |
| (b) Whose service area includes any portion of this state; | 101271 |
| and | 101272 |
| (c) That will designate an equity investment in such entities | 101273 |
| as a qualified equity investment for purposes of both section 45D | 101274 |
| of the Internal Revenue Code and this section. | 101275 |
| (6) "Qualified equity investment" is limited to an equity | 101276 |
| investment in a qualified community development entity that: | 101277 |
| (a) Is acquired after the effective date of the enactment of | 101278 |
| this section at its original issuance solely in exchange for | 101279 |
| cash; | 101280 |
| (b) Has at least eighty-five per cent of its cash purchase | 101281 |
| price used by the qualified community development entity to make | 101282 |
| qualified low-income community investments, provided that in the | 101283 |
| seventh year after a qualified equity investment is made, only | 101284 |
| seventy-five per cent of such cash purchase price must be used by | 101285 |
| the qualified community development entity to make qualified | 101286 |
| low-income community investments; and | 101287 |
| (c) Is designated by the issuer as a qualified equity | 101288 |
| investment. | 101289 |
| "Qualified equity investment" includes any equity investment | 101290 |
| that would, but for division (A)(6)(a) of this section, be a | 101291 |
| qualified equity investment in the hands of the taxpayer if such | 101292 |
| investment was a qualified equity investment in the hands of a | 101293 |
| prior holder. | 101294 |
| (B) There is hereby allowed a nonrefundable credit against | 101295 |
| the tax imposed by section 5725.18 of the Revised Code for an | 101296 |
| insurance company holding a qualified equity investment on the | 101297 |
| credit allowance date occurring in the calendar year for which the | 101298 |
| tax is due. The credit shall equal the applicable percentage of | 101299 |
| the adjusted purchase price of qualified low-income community | 101300 |
| investments, subject to divisions (B)(1) and (2) of this section: | 101301 |
| (1) For the purpose of calculating the amount of qualified | 101302 |
| low-income community investments held by a qualified community | 101303 |
| development entity, an investment shall be considered held by a | 101304 |
| qualified community development entity even if the investment has | 101305 |
| been sold or repaid, provided that, at any time before the seventh | 101306 |
| anniversary of the issuance of the qualified equity investment, | 101307 |
| the qualified community development entity reinvests an amount | 101308 |
| equal to the capital returned to or received or recovered by the | 101309 |
| qualified community development entity from the original | 101310 |
| investment, exclusive of any profits realized and costs incurred | 101311 |
| in the sale or repayment, in another qualified low-income | 101312 |
| community investment within twelve months of the receipt of such | 101313 |
| capital. If the qualified low-income community investment is sold | 101314 |
| or repaid after the sixth anniversary of the issuance of the | 101315 |
| qualified equity investment, the qualified low-income community | 101316 |
| investment shall be considered held by the qualfied community | 101317 |
| development entity through the seventh anniversary of the | 101318 |
| qualified equity investment's issuance. | 101319 |
| (2) The qualified low-income community investment made in | 101320 |
| this state shall equal the sum of the qualified low-income | 101321 |
| community investments in each qualified active low-income | 101322 |
| community business in this state, not to exceed two million five | 101323 |
| hundred sixty-four thousand dollars, in which the qualified | 101324 |
| community development entity invests, including such investments | 101325 |
| in any such businesses in this state related to that qualified | 101326 |
| active low-income community business through majority ownership | 101327 |
| or control. | 101328 |
| The credit shall be claimed in the order prescribed by | 101329 |
| section 5725.98 of the Revised Code. If the amount of the credit | 101330 |
| exceeds the amount of tax otherwise due after deducting all other | 101331 |
| credits in that order, the excess may be carried forward and | 101332 |
| applied to the tax due for not more than four ensuing years. | 101333 |
| By claiming a tax credit under this section, an insurance | 101334 |
| company waives its rights under section 5725.222 of the Revised | 101335 |
| Code with respect to the time limitation for the assessment of | 101336 |
| taxes as it relates to credits claimed that later become subject | 101337 |
| to recapture under division (E) of this section. | 101338 |
| (C) The amount of qualified equity investments on the basis | 101339 |
| of which credits may be claimed under this section and sections | 101340 |
| 5729.16 and 5733.58 of the Revised Code shall not exceed the | 101341 |
| amount, estimated by the director of development, that would | 101342 |
| cause the total amount of credits allowed each fiscal year to | 101343 |
| exceed ten million dollars, computed without regard to the | 101344 |
| potential for taxpayers to carry tax credits forward to later | 101345 |
| years. | 101346 |
| (D) If any amount of the federal tax credit allowed for a | 101347 |
| qualified equity investment for which a credit was received under | 101348 |
| this section is recaptured under section 45D of the Internal | 101349 |
| Revenue Code, or if the director of development determines that an | 101350 |
| investment for which a tax credit is claimed under this section is | 101351 |
| not a qualified equity investment or that the proceeds of an | 101352 |
| investment for which a tax credit is claimed under this section | 101353 |
| are used to make qualified low-income community investments other | 101354 |
| than in a qualified active low-income community business, all or a | 101355 |
| portion of the credit received on account of that investment | 101356 |
| shall be paid by the insurance company that received the credit | 101357 |
| to the superintendent of insurance. The amount to be recovered | 101358 |
| shall be determined by the director of development pursuant to | 101359 |
| rules adopted under division (E) of this section. The director | 101360 |
| shall certify any amount due under this division to the | 101361 |
| superintendent of insurance, and the superintendent shall notify | 101362 |
| the treasurer of state of the amount due. Upon notification, the | 101363 |
| treasurer shall invoice the insurance company for the amount due. | 101364 |
| The amount due is payable not later than thirty days after the | 101365 |
| date the treasurer invoices the insurance company. The amount due | 101366 |
| shall be considered to be tax due under section 5725.18 of the | 101367 |
| Revised Code, and may be collected by assessment without regard | 101368 |
| to the time limitations imposed under section 5725.222 of the | 101369 |
| Revised Code for the assessment of taxes by the superintendent. | 101370 |
| All amounts collected under this division shall be credited as | 101371 |
| revenue from the tax levied under section 5725.18 of the Revised | 101372 |
| Code. | 101373 |
| (E) The tax credits authorized under this section and | 101374 |
| sections 5729.16 and 5733.58 of the Revised Code shall be | 101375 |
| administered by the department of development. The director of | 101376 |
| development, in consultation with the tax commissioner and the | 101377 |
| superintendent of insurance, pursuant to Chapter 119. of the | 101378 |
| Revised Code, shall adopt rules for the administration of this | 101379 |
| section and sections 5729.16 and 5733.58 of the Revised Code. The | 101380 |
| rules shall provide for determining the recovery of credits under | 101381 |
| division (D) of this section, division (D) of section 5729.16, | 101382 |
| and section 5733.58 of the Revised Code, including prorating the | 101383 |
| amount of the credit to be recovered on any reasonable basis, the | 101384 |
| manner in which credits may be allocated among claimants, and the | 101385 |
| amount of any application or other fees to be charged in | 101386 |
| connection with a recovery. | 101387 |
| (F) There is hereby created in the state treasury the new | 101388 |
| markets tax credit operating fund. The director of development is | 101389 |
| authorized to charge reasonable application and other fees in | 101390 |
| connection with the administration of tax credits authorized by | 101391 |
| this section and sections 5729.16 and 5733.58 of the Revised Code. | 101392 |
| Any such fees collected shall be credited to the fund. The | 101393 |
| director of development shall use money in the fund to pay | 101394 |
| expenses related to the administration of tax credits authorized | 101395 |
| under sections 5725.33, 5729.16, and 5733.58 of the Revised Code. | 101396 |
| Sec. 5725.98. (A) To provide a uniform procedure for | 101397 |
| calculating the amount of tax imposed by section 5725.18 of the | 101398 |
| Revised Code that is due under this chapter, a taxpayer shall | 101399 |
| claim any credits and offsets against tax liability to which it is | 101400 |
| entitled in the following order: | 101401 |
| (1) The credit for an insurance company or insurance company | 101402 |
| group under section 5729.031 of the Revised Code. | 101403 |
| (2) The credit for eligible employee training costs under | 101404 |
| section 5725.31 of the Revised Code. | 101405 |
| (3) The credit for purchasers of qualified low-income | 101406 |
| community investments under section 5725.33 of the Revised Code; | 101407 |
| (4) The job retention credit under section 122.171 of the | 101408 |
| Revised Code; | 101409 |
| (5) The offset of assessments by the Ohio life and health | 101410 |
| insurance guaranty association permitted by section 3956.20 of the | 101411 |
| Revised Code. | 101412 |
| | 101413 |
| section 5725.32 of the Revised Code. | 101414 |
| | 101415 |
| the Revised Code for losses on loans made under the Ohio venture | 101416 |
| capital program under sections 150.01 to 150.10 of the Revised | 101417 |
| Code. | 101418 |
| (B) For any credit except the credits enumerated in divisions | 101419 |
|
(A) | 101420 |
| a taxable year shall not exceed the tax due after allowing for any | 101421 |
| other credit that precedes it in the order required under this | 101422 |
| section. Any excess amount of a particular credit may be carried | 101423 |
| forward if authorized under the section creating that credit. | 101424 |
| Nothing in this chapter shall be construed to allow a taxpayer to | 101425 |
| claim, directly or indirectly, a credit more than once for a | 101426 |
| taxable year. | 101427 |
| Sec. 5727.84. (A) As used in this section and sections | 101428 |
| 5727.85, 5727.86, and 5727.87 of the Revised Code: | 101429 |
| (1) "School district" means a city, local, or exempted | 101430 |
| village school district. | 101431 |
| (2) "Joint vocational school district" means a joint | 101432 |
| vocational school district created under section 3311.16 of the | 101433 |
| Revised Code, and includes a cooperative education school district | 101434 |
| created under section 3311.52 or 3311.521 of the Revised Code and | 101435 |
| a county school financing district created under section 3311.50 | 101436 |
| of the Revised Code. | 101437 |
| (3) "Local taxing unit" means a subdivision or taxing unit, | 101438 |
| as defined in section 5705.01 of the Revised Code, a park district | 101439 |
| created under Chapter 1545. of the Revised Code, or a township | 101440 |
| park district established under section 511.23 of the Revised | 101441 |
| Code, but excludes school districts and joint vocational school | 101442 |
| districts. | 101443 |
| (4) "State education aid," for a school district, means the | 101444 |
| following: | 101445 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 101446 |
| state aid amounts computed for the district under divisions (A), | 101447 |
| (C)(1), (C)(4), (D), (E), and (F) of section 3317.022; divisions | 101448 |
| (B), (C), and (D) of section 3317.023; divisions (G), (L), and | 101449 |
| (N) of section 3317.024; and sections 3317.029, 3317.0216, | 101450 |
| 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the | 101451 |
| Revised Code; and the adjustments required by: division (C) of | 101452 |
| section 3310.08; division (C)(2) of section 3310.41; division (C) | 101453 |
| of section 3314.08, as that section existed for that fiscal year; | 101454 |
| division (D)(2) of section 3314.091; division (D) of former | 101455 |
| section 3314.13; divisions (E), (K), (L), (M), and (N) of | 101456 |
| section 3317.023; division (C) of section 3317.20; and | 101457 |
| sections 3313.979 and 3313.981 of the Revised Code. However, | 101458 |
| when calculating state education aid for a school district for | 101459 |
| fiscal years 2008 and 2009, include the amount computed for | 101460 |
| the district under Section 269.20.80 of H.B. 119 of the 127th | 101461 |
| general assembly, as subsequently amended, instead of division | 101462 |
| (D) of section 3317.022 of the Revised Code; and include | 101463 |
|
amounts calculated
under Section
269.30.80 of | 101464 |
|
119 of the 127th General Assembly, as subsequently amended | 101465 |
| 101466 | |
| 101467 |
| (b) For fiscal year 2010 and for each fiscal year thereafter, | 101468 |
| the sum of the amounts computed for the district under sections | 101469 |
| 3306.052, 3306.12, 3306.13, 3306.19, and 3306.192; division (G) of | 101470 |
| section 3317.024; sections 3317.05, 3317.052, and 3317.053 of | 101471 |
| the Revised Code; and the adjustments required by division | 101472 |
| (C)(2) of section 3310.41; division (D)(2) of section 3314.091; | 101473 |
| divisions (E), (K), (L), (M), and (N) of section 3317.023; | 101474 |
| division (C) of section 3317.20; and section 3313.979 of the | 101475 |
| Revised Code. | 101476 |
| (5) "State education aid," for a joint vocational school | 101477 |
| district, means the following: | 101478 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 101479 |
| the state aid amounts computed for the district under division | 101480 |
| (N) of section 3317.024 and section 3317.16 of the Revised Code. | 101481 |
| However, when calculating state education aid for a joint | 101482 |
| vocational school district for fiscal years 2008 and 2009, | 101483 |
| include the amount computed for the district under Section | 101484 |
| 269.30.90 of H.B. 119 of the 127th general assembly, as | 101485 |
| subsequently amended. | 101486 |
| (b) For fiscal years 2010 and 2011, the amount computed for | 101487 |
| the district in accordance with the section of this act entitled | 101488 |
| "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS". | 101489 |
| (6) "State education aid offset" means the amount determined | 101490 |
| for each school district or joint vocational school district under | 101491 |
| division (A)(1) of section 5727.85 of the Revised Code. | 101492 |
| (7) "Recognized valuation" has the same meaning as in section | 101493 |
| 3317.02 of the Revised Code. | 101494 |
| (8) "Electric company tax value loss" means the amount | 101495 |
| determined under division (D) of this section. | 101496 |
| (9) "Natural gas company tax value loss" means the amount | 101497 |
| determined under division (E) of this section. | 101498 |
| (10) "Tax value loss" means the sum of the electric company | 101499 |
| tax value loss and the natural gas company tax value loss. | 101500 |
| (11) "Fixed-rate levy" means any tax levied on property other | 101501 |
| than a fixed-sum levy. | 101502 |
| (12) "Fixed-rate levy loss" means the amount determined under | 101503 |
| division (G) of this section. | 101504 |
| (13) "Fixed-sum levy" means a tax levied on property at | 101505 |
| whatever rate is required to produce a specified amount of tax | 101506 |
| money or levied in excess of the ten-mill limitation to pay debt | 101507 |
| charges, and includes school district emergency levies imposed | 101508 |
| pursuant to section 5705.194 of the Revised Code. | 101509 |
| (14) "Fixed-sum levy loss" means the amount determined under | 101510 |
| division (H) of this section. | 101511 |
| (15) "Consumer price index" means the consumer price index | 101512 |
| (all items, all urban consumers) prepared by the bureau of labor | 101513 |
| statistics of the United States department of labor. | 101514 |
| (B) The kilowatt-hour tax receipts fund is hereby created in | 101515 |
| the state treasury and shall consist of money arising from the tax | 101516 |
| imposed by section 5727.81 of the Revised Code. All money in the | 101517 |
| kilowatt-hour tax receipts fund shall be credited as follows: | 101518 |
| (1) Sixty-three per cent shall be credited to the general | 101519 |
| revenue fund. | 101520 |
| (2) Twenty-five and four-tenths per cent shall be credited to | 101521 |
| the school district property tax replacement fund, which is hereby | 101522 |
| created in the state treasury for the purpose of making the | 101523 |
| payments described in section 5727.85 of the Revised Code. | 101524 |
| (3) Eleven and six-tenths per cent shall be credited to the | 101525 |
| local government property tax replacement fund, which is hereby | 101526 |
| created in the state treasury for the purpose of making the | 101527 |
| payments described in section 5727.86 of the Revised Code. | 101528 |
| (C) The natural gas tax receipts fund is hereby created in | 101529 |
| the state treasury and shall consist of money arising from the tax | 101530 |
| imposed by section 5727.811 of the Revised Code. All money in the | 101531 |
| fund shall be credited as follows: | 101532 |
| (1) Sixty-eight and seven-tenths per cent shall be credited | 101533 |
| to the school district property tax replacement fund for the | 101534 |
| purpose of making the payments described in section 5727.85 of the | 101535 |
| Revised Code. | 101536 |
| (2) Thirty-one and three-tenths per cent shall be credited to | 101537 |
| the local government property tax replacement fund for the purpose | 101538 |
| of making the payments described in section 5727.86 of the Revised | 101539 |
| Code. | 101540 |
| (D) Not later than January 1, 2002, the tax commissioner | 101541 |
| shall determine for each taxing district its electric company tax | 101542 |
| value loss, which is the sum of the applicable amounts described | 101543 |
| in divisions (D)(1) to (4) of this section: | 101544 |
| (1) The difference obtained by subtracting the amount | 101545 |
| described in division (D)(1)(b) from the amount described in | 101546 |
| division (D)(1)(a) of this section. | 101547 |
| (a) The value of electric company and rural electric company | 101548 |
| tangible personal property as assessed by the tax commissioner for | 101549 |
| tax year 1998 on a preliminary assessment, or an amended | 101550 |
| preliminary assessment if issued prior to March 1, 1999, and as | 101551 |
| apportioned to the taxing district for tax year 1998; | 101552 |
| (b) The value of electric company and rural electric company | 101553 |
| tangible personal property as assessed by the tax commissioner for | 101554 |
| tax year 1998 had the property been apportioned to the taxing | 101555 |
| district for tax year 2001, and assessed at the rates in effect | 101556 |
| for tax year 2001. | 101557 |
| (2) The difference obtained by subtracting the amount | 101558 |
| described in division (D)(2)(b) from the amount described in | 101559 |
| division (D)(2)(a) of this section. | 101560 |
| (a) The three-year average for tax years 1996, 1997, and 1998 | 101561 |
| of the assessed value from nuclear fuel materials and assemblies | 101562 |
| assessed against a person under Chapter 5711. of the Revised Code | 101563 |
| from the leasing of them to an electric company for those | 101564 |
| respective tax years, as reflected in the preliminary assessments; | 101565 |
| (b) The three-year average assessed value from nuclear fuel | 101566 |
| materials and assemblies assessed under division (D)(2)(a) of this | 101567 |
| section for tax years 1996, 1997, and 1998, as reflected in the | 101568 |
| preliminary assessments, using an assessment rate of twenty-five | 101569 |
| per cent. | 101570 |
| (3) In the case of a taxing district having a nuclear power | 101571 |
| plant within its territory, any amount, resulting in an electric | 101572 |
| company tax value loss, obtained by subtracting the amount | 101573 |
| described in division (D)(1) of this section from the difference | 101574 |
| obtained by subtracting the amount described in division (D)(3)(b) | 101575 |
| of this section from the amount described in division (D)(3)(a) of | 101576 |
| this section. | 101577 |
| (a) The value of electric company tangible personal property | 101578 |
| as assessed by the tax commissioner for tax year 2000 on a | 101579 |
| preliminary assessment, or an amended preliminary assessment if | 101580 |
| issued prior to March 1, 2001, and as apportioned to the taxing | 101581 |
| district for tax year 2000; | 101582 |
| (b) The value of electric company tangible personal property | 101583 |
| as assessed by the tax commissioner for tax year 2001 on a | 101584 |
| preliminary assessment, or an amended preliminary assessment if | 101585 |
| issued prior to March 1, 2002, and as apportioned to the taxing | 101586 |
| district for tax year 2001. | 101587 |
| (4) In the case of a taxing district having a nuclear power | 101588 |
| plant within its territory, the difference obtained by subtracting | 101589 |
| the amount described in division (D)(4)(b) of this section from | 101590 |
| the amount described in division (D)(4)(a) of this section, | 101591 |
| provided that such difference is greater than ten per cent of the | 101592 |
| amount described in division (D)(4)(a) of this section. | 101593 |
| (a) The value of electric company tangible personal property | 101594 |
| as assessed by the tax commissioner for tax year 2005 on a | 101595 |
| preliminary assessment, or an amended preliminary assessment if | 101596 |
| issued prior to March 1, 2006, and as apportioned to the taxing | 101597 |
| district for tax year 2005; | 101598 |
| (b) The value of electric company tangible personal property | 101599 |
| as assessed by the tax commissioner for tax year 2006 on a | 101600 |
| preliminary assessment, or an amended preliminary assessment if | 101601 |
| issued prior to March 1, 2007, and as apportioned to the taxing | 101602 |
| district for tax year 2006. | 101603 |
| (E) Not later than January 1, 2002, the tax commissioner | 101604 |
| shall determine for each taxing district its natural gas company | 101605 |
| tax value loss, which is the sum of the amounts described in | 101606 |
| divisions (E)(1) and (2) of this section: | 101607 |
| (1) The difference obtained by subtracting the amount | 101608 |
| described in division (E)(1)(b) from the amount described in | 101609 |
| division (E)(1)(a) of this section. | 101610 |
| (a) The value of all natural gas company tangible personal | 101611 |
| property, other than property described in division (E)(2) of this | 101612 |
| section, as assessed by the tax commissioner for tax year 1999 on | 101613 |
| a preliminary assessment, or an amended preliminary assessment if | 101614 |
| issued prior to March 1, 2000, and apportioned to the taxing | 101615 |
| district for tax year 1999; | 101616 |
| (b) The value of all natural gas company tangible personal | 101617 |
| property, other than property described in division (E)(2) of this | 101618 |
| section, as assessed by the tax commissioner for tax year 1999 had | 101619 |
| the property been apportioned to the taxing district for tax year | 101620 |
| 2001, and assessed at the rates in effect for tax year 2001. | 101621 |
| (2) The difference in the value of current gas obtained by | 101622 |
| subtracting the amount described in division (E)(2)(b) from the | 101623 |
| amount described in division (E)(2)(a) of this section. | 101624 |
| (a) The three-year average assessed value of current gas as | 101625 |
| assessed by the tax commissioner for tax years 1997, 1998, and | 101626 |
| 1999 on a preliminary assessment, or an amended preliminary | 101627 |
| assessment if issued prior to March 1, 2001, and as apportioned in | 101628 |
| the taxing district for those respective years; | 101629 |
| (b) The three-year average assessed value from current gas | 101630 |
| under division (E)(2)(a) of this section for tax years 1997, 1998, | 101631 |
| and 1999, as reflected in the preliminary assessment, using an | 101632 |
| assessment rate of twenty-five per cent. | 101633 |
| (F) The tax commissioner may request that natural gas | 101634 |
| companies, electric companies, and rural electric companies file a | 101635 |
| report to help determine the tax value loss under divisions (D) | 101636 |
| and (E) of this section. The report shall be filed within thirty | 101637 |
| days of the commissioner's request. A company that fails to file | 101638 |
| the report or does not timely file the report is subject to the | 101639 |
| penalty in section 5727.60 of the Revised Code. | 101640 |
| (G) Not later than January 1, 2002, the tax commissioner | 101641 |
| shall determine for each school district, joint vocational school | 101642 |
| district, and local taxing unit its fixed-rate levy loss, which is | 101643 |
| the sum of its electric company tax value loss multiplied by the | 101644 |
| tax rate in effect in tax year 1998 for fixed-rate levies and its | 101645 |
| natural gas company tax value loss multiplied by the tax rate in | 101646 |
| effect in tax year 1999 for fixed-rate levies. | 101647 |
| (H) Not later than January 1, 2002, the tax commissioner | 101648 |
| shall determine for each school district, joint vocational school | 101649 |
| district, and local taxing unit its fixed-sum levy loss, which is | 101650 |
| the amount obtained by subtracting the amount described in | 101651 |
| division (H)(2) of this section from the amount described in | 101652 |
| division (H)(1) of this section: | 101653 |
| (1) The sum of the electric company tax value loss multiplied | 101654 |
| by the tax rate in effect in tax year 1998, and the natural gas | 101655 |
| company tax value loss multiplied by the tax rate in effect in tax | 101656 |
| year 1999, for fixed-sum levies for all taxing districts within | 101657 |
| each school district, joint vocational school district, and local | 101658 |
| taxing unit. For the years 2002 through 2006, this computation | 101659 |
| shall include school district emergency levies that existed in | 101660 |
| 1998 in the case of the electric company tax value loss, and 1999 | 101661 |
| in the case of the natural gas company tax value loss, and all | 101662 |
| other fixed-sum levies that existed in 1998 in the case of the | 101663 |
| electric company tax value loss and 1999 in the case of the | 101664 |
| natural gas company tax value loss and continue to be charged in | 101665 |
| the tax year preceding the distribution year. For the years 2007 | 101666 |
| through 2016 in the case of school district emergency levies, and | 101667 |
| for all years after 2006 in the case of all other fixed-sum | 101668 |
| levies, this computation shall exclude all fixed-sum levies that | 101669 |
| existed in 1998 in the case of the electric company tax value loss | 101670 |
| and 1999 in the case of the natural gas company tax value loss, | 101671 |
| but are no longer in effect in the tax year preceding the | 101672 |
| distribution year. For the purposes of this section, an emergency | 101673 |
| levy that existed in 1998 in the case of the electric company tax | 101674 |
| value loss, and 1999 in the case of the natural gas company tax | 101675 |
| value loss, continues to exist in a year beginning on or after | 101676 |
| January 1, 2007, but before January 1, 2017, if, in that year, the | 101677 |
| board of education levies a school district emergency levy for an | 101678 |
| annual sum at least equal to the annual sum levied by the board in | 101679 |
| tax year 1998 or 1999, respectively, less the amount of the | 101680 |
| payment certified under this division for 2002. | 101681 |
| (2) The total taxable value in tax year 1999 less the tax | 101682 |
| value loss in each school district, joint vocational school | 101683 |
| district, and local taxing unit multiplied by one-fourth of one | 101684 |
| mill. | 101685 |
| If the amount computed under division (H) of this section for | 101686 |
| any school district, joint vocational school district, or local | 101687 |
| taxing unit is greater than zero, that amount shall equal the | 101688 |
| fixed-sum levy loss reimbursed pursuant to division (E) of section | 101689 |
| 5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 101690 |
| of the Revised Code, and the one-fourth of one mill that is | 101691 |
| subtracted under division (H)(2) of this section shall be | 101692 |
| apportioned among all contributing fixed-sum levies in the | 101693 |
| proportion of each levy to the sum of all fixed-sum levies within | 101694 |
| each school district, joint vocational school district, or local | 101695 |
| taxing unit. | 101696 |
| (I) Notwithstanding divisions (D), (E), (G), and (H) of this | 101697 |
| section, in computing the tax value loss, fixed-rate levy loss, | 101698 |
| and fixed-sum levy loss, the tax commissioner shall use the | 101699 |
| greater of the 1998 tax rate or the 1999 tax rate in the case of | 101700 |
| levy losses associated with the electric company tax value loss, | 101701 |
| but the 1999 tax rate shall not include for this purpose any tax | 101702 |
| levy approved by the voters after June 30, 1999, and the tax | 101703 |
| commissioner shall use the greater of the 1999 or the 2000 tax | 101704 |
| rate in the case of levy losses associated with the natural gas | 101705 |
| company tax value loss. | 101706 |
| (J) Not later than January 1, 2002, the tax commissioner | 101707 |
| shall certify to the department of education the tax value loss | 101708 |
| determined under divisions (D) and (E) of this section for each | 101709 |
| taxing district, the fixed-rate levy loss calculated under | 101710 |
| division (G) of this section, and the fixed-sum levy loss | 101711 |
| calculated under division (H) of this section. The calculations | 101712 |
| under divisions (G) and (H) of this section shall separately | 101713 |
| display the levy loss for each levy eligible for reimbursement. | 101714 |
| (K) Not later than September 1, 2001, the tax commissioner | 101715 |
| shall certify the amount of the fixed-sum levy loss to the county | 101716 |
| auditor of each county in which a school district with a fixed-sum | 101717 |
| levy loss has territory. | 101718 |
| Sec. 5728.12. Any non-resident of this state who accepts the | 101719 |
| privilege extended by the laws of this state to non-residents of | 101720 |
| operating a commercial car or commercial tractor, which is subject | 101721 |
| to the tax levied in section 5728.06 of the Revised Code, or of | 101722 |
| having the same operated within this state, and any resident of | 101723 |
| this state who operates a commercial car or commercial tractor, | 101724 |
| which is subject to the tax levied in section 5728.06 of the | 101725 |
| Revised Code, or has the same operated within this state and | 101726 |
|
subsequently becomes a
non-resident or conceals | 101727 |
|
whereabouts, makes the
secretary of state of the
state of Ohio | 101728 |
| the person's agent for the service of process or notice in any | 101729 |
| assessment, action or proceeding instituted in this state against | 101730 |
|
such person out of the failure to pay the taxes imposed | 101731 |
| by the provisions of section 5728.06 of the Revised Code. | 101732 |
| Such process or notice shall be served | 101733 |
| 101734 | |
| 101735 | |
| 101736 | |
| 101737 | |
| 101738 | |
| 101739 | |
| 101740 | |
| 101741 | |
| 101742 | |
| 101743 | |
| 101744 | |
| 101745 | |
| 5703.37 of the Revised Code. | 101746 |
| Sec. 5729.03. (A) If the superintendent of insurance finds | 101747 |
| the annual statement required by section 5729.02 of the Revised | 101748 |
| Code to be correct, the superintendent shall compute the following | 101749 |
| amount, as applicable, of the balance of such gross amount, after | 101750 |
| deducting such return premiums and considerations received for | 101751 |
| reinsurance, and charge such amount to such company as a tax upon | 101752 |
| the business done by it in this state for the period covered by | 101753 |
| such annual statement: | 101754 |
| (1) If the company is a health insuring corporation, one per | 101755 |
| cent of the balance of premium rate payments received, exclusive | 101756 |
| of payments received under the medicare program established under | 101757 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 101758 |
|
U.S.C.A.
301, as amended, | 101759 |
| 101760 | |
| reflected in its annual report; | 101761 |
| (2) If the company is not a health insuring corporation, one | 101762 |
| and four-tenths per cent of the balance of premiums received, | 101763 |
| exclusive of premiums received under the medicare program | 101764 |
| established under Title XVIII of the "Social Security Act," 49 | 101765 |
|
Stat. 620 (1935), 42
U.S.C.A.
301, as amended, | 101766 |
| 101767 | |
| 101768 | |
| company operates a health insuring corporation as a line of | 101769 |
| business, one per cent of the balance of premium rate payments | 101770 |
| received from that line of business, exclusive of payments | 101771 |
| received under the medicare program established under Title XVIII | 101772 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 101773 |
|
301, as amended, | 101774 |
| 101775 | |
| in its annual statement. | 101776 |
| (B) Any insurance policies that were not issued in violation | 101777 |
| of Title XXXIX of the Revised Code and that were issued prior to | 101778 |
| April 15, 1967, by a life insurance company organized and operated | 101779 |
| without profit to any private shareholder or individual, | 101780 |
| exclusively for the purpose of aiding educational or scientific | 101781 |
| institutions organized and operated without profit to any private | 101782 |
| shareholder or individual, are not subject to the tax imposed by | 101783 |
| this section. All taxes collected pursuant to this section shall | 101784 |
| be credited to the general revenue fund. | 101785 |
| (C) In no case shall the tax imposed under this section be | 101786 |
| less than two hundred fifty dollars. | 101787 |
| Sec. 5729.16. (A) Terms used in this section have the same | 101788 |
| meaning as in section 5725.33 of the Revised Code. | 101789 |
| (B) There is hereby allowed a nonrefundable credit against | 101790 |
| the tax imposed by section 5729.03 of the Revised Code for a | 101791 |
| foreign insurance company holding a qualified equity investment on | 101792 |
| the credit allowance date occurring in the calendar year for which | 101793 |
| the tax is due. The credit shall be computed in the same manner | 101794 |
| prescribed for the computation of credits allowed under section | 101795 |
| 5725.33 of the Revised Code. | 101796 |
| The credit shall be claimed in the order prescribed by | 101797 |
| section 5729.98 of the Revised Code. If the amount of the credit | 101798 |
| exceeds the amount of tax otherwise due after deducting all other | 101799 |
| credits in that order, the excess may be carried forward and | 101800 |
| applied to the tax due for not more than four ensuing years. | 101801 |
| By claiming a tax credit under this section, an insurance | 101802 |
| company waives its rights under section 5729.102 of the Revised | 101803 |
| Code with respect to the time limitation for the assessment of | 101804 |
| taxes as it relates to credits claimed that later become subject | 101805 |
| to recapture under division (D) of this section. | 101806 |
| (C) The total amount of qualified equity investments on the | 101807 |
| basis of which credits may be claimed under this section, section | 101808 |
| 5725.33, and section 5733.58 of the Revised Code is subject to the | 101809 |
| limitation of division (C) of section 5725.33 of the Revised | 101810 |
| Code. | 101811 |
| (D) If any amount of the federal tax credit allowed for a | 101812 |
| qualified equity investment for which a credit was received under | 101813 |
| this section is recaptured under section 45D of the Internal | 101814 |
| Revenue Code, or if the director of development determines that an | 101815 |
| investment for which a tax credit is claimed under this section is | 101816 |
| not a qualified equity investment or that the proceeds of an | 101817 |
| investment for which a tax credit is claimed under this section | 101818 |
| are used to make qualified low-income community investments other | 101819 |
| than in a qualified active low-income community business, all or a | 101820 |
| portion of the credit received on account of that investment | 101821 |
| shall be paid by the insurance company that received the credit | 101822 |
| to the superintendent of insurance. The amount to be recovered | 101823 |
| shall be determined by the director of development pursuant to | 101824 |
| rules adopted under section 5725.33 of the Revised Code. The | 101825 |
| director shall certify any amount due under this division to the | 101826 |
| superintendent of insurance, and the superintendent shall notify | 101827 |
| the treasurer of state of the amount due. Upon notification, the | 101828 |
| treasurer shall invoice the insurance company for the amount due. | 101829 |
| The amount due is payable not later than thirty days after the | 101830 |
| date the treasurer invoices the insurance company. The amount due | 101831 |
| shall be considered to be tax due under section 5729.03 of the | 101832 |
| Revised Code, and may be collected by assessment without regard | 101833 |
| to the time limitations imposed under section 5729.102 of the | 101834 |
| Revised Code for the assessment of taxes by the superintendent. | 101835 |
| All amounts collected under this division shall be credited as | 101836 |
| revenue from the tax levied under section 5729.03 of the Revised | 101837 |
| Code. | 101838 |
| Sec. 5729.98. (A) To provide a uniform procedure for | 101839 |
| calculating the amount of tax due under this chapter, a taxpayer | 101840 |
| shall claim any credits and offsets against tax liability to which | 101841 |
| it is entitled in the following order: | 101842 |
| (1) The credit for an insurance company or insurance company | 101843 |
| group under section 5729.031 of the Revised Code. | 101844 |
| (2) The credit for eligible employee training costs under | 101845 |
| section 5729.07 of the Revised Code. | 101846 |
| (3) The credit for purchases of qualified low-income | 101847 |
| community investments under section 5729.16 of the Revised Code; | 101848 |
| (4) The job retention credit under section 122.171 of the | 101849 |
| Revised Code. | 101850 |
| (5) The offset of assessments by the Ohio life and health | 101851 |
| insurance guaranty association against tax liability permitted by | 101852 |
| section 3956.20 of the Revised Code. | 101853 |
| | 101854 |
| section 5729.032 of the Revised Code. | 101855 |
| | 101856 |
| Revised Code for losses on loans made under the Ohio venture | 101857 |
| capital program under sections 150.01 to 150.10 of the Revised | 101858 |
| Code. | 101859 |
| (B) For any credit except the credits enumerated in divisions | 101860 |
|
(A) | 101861 |
| a taxable year shall not exceed the tax due after allowing for any | 101862 |
| other credit that precedes it in the order required under this | 101863 |
| section. Any excess amount of a particular credit may be carried | 101864 |
| forward if authorized under the section creating that credit. | 101865 |
| Nothing in this chapter shall be construed to allow a taxpayer to | 101866 |
| claim, directly or indirectly, a credit more than once for a | 101867 |
| taxable year. | 101868 |
| Sec. 5733.01. (A) The tax provided by this chapter for | 101869 |
| domestic corporations shall be the amount charged against each | 101870 |
| corporation organized for profit under the laws of this state and | 101871 |
| each nonprofit corporation organized pursuant to Chapter 1729. of | 101872 |
| the Revised Code, except as provided in sections 5733.09 and | 101873 |
| 5733.10 of the Revised Code, for the privilege of exercising its | 101874 |
| franchise during the calendar year in which that amount is | 101875 |
| payable, and the tax provided by this chapter for foreign | 101876 |
| corporations shall be the amount charged against each corporation | 101877 |
| organized for profit and each nonprofit corporation organized or | 101878 |
| operating in the same or similar manner as nonprofit corporations | 101879 |
| organized under Chapter 1729. of the Revised Code, under the laws | 101880 |
| of any state or country other than this state, except as provided | 101881 |
| in sections 5733.09 and 5733.10 of the Revised Code, for the | 101882 |
| privilege of doing business in this state, owning or using a part | 101883 |
| or all of its capital or property in this state, holding a | 101884 |
| certificate of compliance with the laws of this state authorizing | 101885 |
| it to do business in this state, or otherwise having nexus in or | 101886 |
| with this state under the Constitution of the United States, | 101887 |
| during the calendar year in which that amount is payable. | 101888 |
| (B) A corporation is subject to the tax imposed by section | 101889 |
| 5733.06 of the Revised Code for each calendar year that it is so | 101890 |
| organized, doing business, owning or using a part or all of its | 101891 |
| capital or property, holding a certificate of compliance, or | 101892 |
| otherwise having nexus in or with this state under the | 101893 |
| Constitution of the United States, on the first day of January of | 101894 |
| that calendar year. | 101895 |
| (C) Any corporation subject to this chapter that is not | 101896 |
| subject to the federal income tax shall file its returns and | 101897 |
| compute its tax liability as required by this chapter in the same | 101898 |
| manner as if that corporation were subject to the federal income | 101899 |
| tax. | 101900 |
| (D) For purposes of this chapter, a federally chartered | 101901 |
| financial institution shall be deemed to be organized under the | 101902 |
| laws of the state within which its principal office is located. | 101903 |
| (E) For purposes of this chapter, any person, as defined in | 101904 |
| section 5701.01 of the Revised Code, shall be treated as a | 101905 |
| corporation if the person is classified for federal income tax | 101906 |
| purposes as an association taxable as a corporation, and an equity | 101907 |
| interest in the person shall be treated as capital stock of the | 101908 |
| person. | 101909 |
| (F) For the purposes of this chapter, "disregarded entity" | 101910 |
| has the same meaning as in division (D) of section 5745.01 of the | 101911 |
| Revised Code. | 101912 |
| (1) A person's interest in a disregarded entity, whether held | 101913 |
| directly or indirectly, shall be treated as the person's ownership | 101914 |
| of the assets and liabilities of the disregarded entity, and the | 101915 |
| income, including gain or loss, shall be included in the person's | 101916 |
| net income under this chapter. | 101917 |
| (2) Any sale, exchange, or other disposition of the person's | 101918 |
| interest in the disregarded entity, whether held directly or | 101919 |
| indirectly, shall be treated as a sale, exchange, or other | 101920 |
| disposition of the person's share of the disregarded entity's | 101921 |
| underlying assets or liabilities, and the gain or loss from such | 101922 |
| sale, exchange, or disposition shall be included in the person's | 101923 |
| net income under this chapter. | 101924 |
| (3) The disregarded entity's payroll, property, and sales | 101925 |
| factors shall be included in the person's factors. | 101926 |
| (G) The tax a corporation is required to pay under this | 101927 |
| chapter shall be as follows: | 101928 |
| (1)(a) For financial institutions, the greater of the minimum | 101929 |
| payment required under division (E) of section 5733.06 of the | 101930 |
| Revised Code or the difference between all taxes charged the | 101931 |
| financial institution under this chapter, without regard to | 101932 |
| division (G)(2) of this section, less any credits allowable | 101933 |
| against such tax. | 101934 |
| (b) A corporation satisfying the description in division | 101935 |
| (E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised | 101936 |
| Code that is not a financial institution, insurance company, or | 101937 |
| dealer in intangibles is subject to the taxes imposed under this | 101938 |
| chapter as a corporation and not subject to tax as a financial | 101939 |
| institution, and shall pay the greater of the minimum payment | 101940 |
| required under division (E) of section 5733.06 of the Revised Code | 101941 |
| or the difference between all the taxes charged under this | 101942 |
| chapter, without regard to division (G)(2) of this section, less | 101943 |
| any credits allowable against such tax. | 101944 |
| (2) For all corporations other than those persons described | 101945 |
| in division (G)(1)(a) or (b) of this section, the amount under | 101946 |
| division (G)(2)(a) of this section applicable to the tax year | 101947 |
| specified less the amount under division (G)(2)(b) of this | 101948 |
| section: | 101949 |
| (a)(i) For tax year 2005, the greater of the minimum payment | 101950 |
| required under division (E) of section 5733.06 of the Revised Code | 101951 |
| or the difference between all taxes charged the corporation under | 101952 |
| this chapter and any credits allowable against such tax; | 101953 |
| (ii) For tax year 2006, the greater of the minimum payment | 101954 |
| required under division (E) of section 5733.06 of the Revised Code | 101955 |
| or four-fifths of the difference between all taxes charged the | 101956 |
| corporation under this chapter and any credits allowable against | 101957 |
| such tax, except the qualifying pass-through entity tax credit | 101958 |
|
described in division (A) | 101959 |
|
described in divisions (A) | 101960 |
| of the Revised Code; | 101961 |
| (iii) For tax year 2007, the greater of the minimum payment | 101962 |
| required under division (E) of section 5733.06 of the Revised Code | 101963 |
| or three-fifths of the difference between all taxes charged the | 101964 |
| corporation under this chapter and any credits allowable against | 101965 |
| such tax, except the qualifying pass-through entity tax credit | 101966 |
|
described in division (A) | 101967 |
|
described in divisions (A) | 101968 |
| of the Revised Code; | 101969 |
| (iv) For tax year 2008, the greater of the minimum payment | 101970 |
| required under division (E) of section 5733.06 of the Revised Code | 101971 |
| or two-fifths of the difference between all taxes charged the | 101972 |
| corporation under this chapter and any credits allowable against | 101973 |
| such tax, except the qualifying pass-through entity tax credit | 101974 |
|
described in division (A) | 101975 |
|
described in divisions (A) | 101976 |
| of the Revised Code; | 101977 |
| (v) For tax year 2009, the greater of the minimum payment | 101978 |
| required under division (E) of section 5733.06 of the Revised Code | 101979 |
| or one-fifth of the difference between all taxes charged the | 101980 |
| corporation under this chapter and any credits allowable against | 101981 |
| such tax, except the qualifying pass-through entity tax credit | 101982 |
|
described in division (A) | 101983 |
|
described in divisions (A) | 101984 |
| section 5733.98 of the Revised Code; | 101985 |
| (vi) For tax year 2010 and each tax year thereafter, no tax. | 101986 |
| (b) A corporation shall subtract from the amount calculated | 101987 |
| under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section | 101988 |
| any qualifying pass-through entity tax credit described in | 101989 |
|
division (A) | 101990 |
|
divisions (A) | 101991 |
| Revised Code to which the corporation is entitled. Any unused | 101992 |
| qualifying pass-through entity tax credit is not refundable. | 101993 |
| (c) For the purposes of computing the amount of a credit that | 101994 |
| may be carried forward to a subsequent tax year under division | 101995 |
| (G)(2) of this section, a credit is utilized against the tax for a | 101996 |
| tax year to the extent the credit applies against the tax for that | 101997 |
| tax year, even if the difference is then multiplied by the | 101998 |
| applicable fraction under division (G)(2)(a) of this section. | 101999 |
| (3) Nothing in division (G) of this section eliminates or | 102000 |
| reduces the tax imposed by section 5733.41 of the Revised Code on | 102001 |
| a qualifying pass-through entity. | 102002 |
| Sec. 5733.04. As used in this chapter: | 102003 |
| (A) "Issued and outstanding shares of stock" applies to | 102004 |
| nonprofit corporations, as provided in section 5733.01 of the | 102005 |
| Revised Code, and includes, but is not limited to, membership | 102006 |
| certificates and other instruments evidencing ownership of an | 102007 |
| interest in such nonprofit corporations, and with respect to a | 102008 |
| financial institution that does not have capital stock, "issued | 102009 |
| and outstanding shares of stock" includes, but is not limited to, | 102010 |
| ownership interests of depositors in the capital employed in such | 102011 |
| an institution. | 102012 |
| (B) "Taxpayer" means a corporation subject to the tax imposed | 102013 |
| by section 5733.06 of the Revised Code. | 102014 |
| (C) "Resident" means a corporation organized under the laws | 102015 |
| of this state. | 102016 |
| (D) "Commercial domicile" means the principal place from | 102017 |
| which the trade or business of the taxpayer is directed or | 102018 |
| managed. | 102019 |
| (E) "Taxable year" means the period prescribed by division | 102020 |
| (A) of section 5733.031 of the Revised Code upon the net income of | 102021 |
| which the value of the taxpayer's issued and outstanding shares of | 102022 |
| stock is determined under division (B) of section 5733.05 of the | 102023 |
| Revised Code or the period prescribed by division (A) of section | 102024 |
| 5733.031 of the Revised Code that immediately precedes the date as | 102025 |
| of which the total value of the corporation is determined under | 102026 |
| division (A) or (C) of section 5733.05 of the Revised Code. | 102027 |
| (F) "Tax year" means the calendar year in and for which the | 102028 |
| tax imposed by section 5733.06 of the Revised Code is required to | 102029 |
| be paid. | 102030 |
| (G) "Internal Revenue Code" means the "Internal Revenue Code | 102031 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 102032 |
| (H) "Federal income tax" means the income tax imposed by the | 102033 |
| Internal Revenue Code. | 102034 |
| (I) Except as provided in section 5733.058 of the Revised | 102035 |
| Code, "net income" means the taxpayer's taxable income before | 102036 |
| operating loss deduction and special deductions, as required to be | 102037 |
| reported for the taxpayer's taxable year under the Internal | 102038 |
| Revenue Code, subject to the following adjustments: | 102039 |
| (1)(a) Deduct any net operating loss incurred in any taxable | 102040 |
| years ending in 1971 or thereafter, but exclusive of any net | 102041 |
| operating loss incurred in taxable years ending prior to January | 102042 |
| 1, 1971. This deduction shall not be allowed in any tax year | 102043 |
| commencing before December 31, 1973, but shall be carried over and | 102044 |
| allowed in tax years commencing after December 31, 1973, until | 102045 |
| fully utilized in the next succeeding taxable year or years in | 102046 |
| which the taxpayer has net income, but in no case for more than | 102047 |
| the designated carryover period as described in division (I)(1)(b) | 102048 |
| of this section. The amount of such net operating loss, as | 102049 |
| determined under the allocation and apportionment provisions of | 102050 |
| section 5733.051 and division (B) of section 5733.05 of the | 102051 |
| Revised Code for the year in which the net operating loss occurs, | 102052 |
| shall be deducted from net income, as determined under the | 102053 |
| allocation and apportionment provisions of section 5733.051 and | 102054 |
| division (B) of section 5733.05 of the Revised Code, to the extent | 102055 |
| necessary to reduce net income to zero with the remaining unused | 102056 |
| portion of the deduction, if any, carried forward to the remaining | 102057 |
| years of the designated carryover period as described in division | 102058 |
| (I)(1)(b) of this section, or until fully utilized, whichever | 102059 |
| occurs first. | 102060 |
| (b) For losses incurred in taxable years ending on or before | 102061 |
| December 31, 1981, the designated carryover period shall be the | 102062 |
| five consecutive taxable years after the taxable year in which the | 102063 |
| net operating loss occurred. For losses incurred in taxable years | 102064 |
| ending on or after January 1, 1982, and beginning before August 6, | 102065 |
| 1997, the designated carryover period shall be the fifteen | 102066 |
| consecutive taxable years after the taxable year in which the net | 102067 |
| operating loss occurs. For losses incurred in taxable years | 102068 |
| beginning on or after August 6, 1997, the designated carryover | 102069 |
| period shall be the twenty consecutive taxable years after the | 102070 |
| taxable year in which the net operating loss occurs. | 102071 |
| (c) The tax commissioner may require a taxpayer to furnish | 102072 |
| any information necessary to support a claim for deduction under | 102073 |
| division (I)(1)(a) of this section and no deduction shall be | 102074 |
| allowed unless the information is furnished. | 102075 |
| (2) Deduct any amount included in net income by application | 102076 |
| of section 78 or 951 of the Internal Revenue Code, amounts | 102077 |
| received for royalties, technical or other services derived from | 102078 |
| sources outside the United States, and dividends received from a | 102079 |
| subsidiary, associate, or affiliated corporation that neither | 102080 |
| transacts any substantial portion of its business nor regularly | 102081 |
| maintains any substantial portion of its assets within the United | 102082 |
| States. For purposes of determining net foreign source income | 102083 |
| deductible under division (I)(2) of this section, the amount of | 102084 |
| gross income from all such sources other than dividend income and | 102085 |
| income derived by application of section 78 or 951 of the Internal | 102086 |
| Revenue Code shall be reduced by: | 102087 |
| (a) The amount of any reimbursed expenses for personal | 102088 |
| services performed by employees of the taxpayer for the | 102089 |
| subsidiary, associate, or affiliated corporation; | 102090 |
| (b) Ten per cent of the amount of royalty income and | 102091 |
| technical assistance fees; | 102092 |
| (c) Fifteen per cent of the amount of all other income. | 102093 |
| The amounts described in divisions (I)(2)(a) to (c) of this | 102094 |
| section are deemed to be the expenses attributable to the | 102095 |
| production of deductible foreign source income unless the taxpayer | 102096 |
| shows, by clear and convincing evidence, less actual expenses, or | 102097 |
| the tax commissioner shows, by clear and convincing evidence, more | 102098 |
| actual expenses. | 102099 |
| (3) Add any loss or deduct any gain resulting from the sale, | 102100 |
| exchange, or other disposition of a capital asset, or an asset | 102101 |
| described in section 1231 of the Internal Revenue Code, to the | 102102 |
| extent that such loss or gain occurred prior to the first taxable | 102103 |
| year on which the tax provided for in section 5733.06 of the | 102104 |
| Revised Code is computed on the corporation's net income. For | 102105 |
| purposes of division (I)(3) of this section, the amount of the | 102106 |
| prior loss or gain shall be measured by the difference between the | 102107 |
| original cost or other basis of the asset and the fair market | 102108 |
| value as of the beginning of the first taxable year on which the | 102109 |
| tax provided for in section 5733.06 of the Revised Code is | 102110 |
| computed on the corporation's net income. At the option of the | 102111 |
| taxpayer, the amount of the prior loss or gain may be a percentage | 102112 |
| of the gain or loss, which percentage shall be determined by | 102113 |
| multiplying the gain or loss by a fraction, the numerator of which | 102114 |
| is the number of months from the acquisition of the asset to the | 102115 |
| beginning of the first taxable year on which the fee provided in | 102116 |
| section 5733.06 of the Revised Code is computed on the | 102117 |
| corporation's net income, and the denominator of which is the | 102118 |
| number of months from the acquisition of the asset to the sale, | 102119 |
| exchange, or other disposition of the asset. The adjustments | 102120 |
| described in this division do not apply to any gain or loss where | 102121 |
| the gain or loss is recognized by a qualifying taxpayer, as | 102122 |
| defined in section 5733.0510 of the Revised Code, with respect to | 102123 |
| a qualifying taxable event, as defined in that section. | 102124 |
| (4) Deduct the dividend received deduction provided by | 102125 |
| section 243 of the Internal Revenue Code. | 102126 |
| (5) Deduct any interest or interest equivalent on public | 102127 |
| obligations and purchase obligations to the extent included in | 102128 |
| federal taxable income. As used in divisions (I)(5) and (6) of | 102129 |
| this section, "public obligations," "purchase obligations," and | 102130 |
| "interest or interest equivalent" have the same meanings as in | 102131 |
| section 5709.76 of the Revised Code. | 102132 |
| (6) Add any loss or deduct any gain resulting from the sale, | 102133 |
| exchange, or other disposition of public obligations to the extent | 102134 |
| included in federal taxable income. | 102135 |
| (7) To the extent not otherwise allowed, deduct any dividends | 102136 |
| or distributions received by a taxpayer from a public utility, | 102137 |
| excluding an electric company and a combined company, and, for tax | 102138 |
| years 2005 and thereafter, a telephone company, if the taxpayer | 102139 |
| owns at least eighty per cent of the issued and outstanding common | 102140 |
| stock of the public utility. As used in division (I)(7) of this | 102141 |
| section, "public utility" means a public utility as defined in | 102142 |
| Chapter 5727. of the Revised Code, whether or not the public | 102143 |
| utility is doing business in the state. | 102144 |
| (8) To the extent not otherwise allowed, deduct any dividends | 102145 |
| received by a taxpayer from an insurance company, if the taxpayer | 102146 |
| owns at least eighty per cent of the issued and outstanding common | 102147 |
| stock of the insurance company. As used in division (I)(8) of this | 102148 |
| section, "insurance company" means an insurance company that is | 102149 |
| taxable under Chapter 5725. or 5729. of the Revised Code. | 102150 |
| (9) Deduct expenditures for modifying existing buildings or | 102151 |
| structures to meet American national standards institute standard | 102152 |
| A-117.1-1961 (R-1971), as amended; provided, that no deduction | 102153 |
| shall be allowed to the extent that such deduction is not | 102154 |
| permitted under federal law or under rules of the tax | 102155 |
| commissioner. Those deductions as are allowed may be taken over a | 102156 |
| period of five years. The tax commissioner shall adopt rules under | 102157 |
| Chapter 119. of the Revised Code establishing reasonable | 102158 |
| limitations on the extent that expenditures for modifying existing | 102159 |
| buildings or structures are attributable to the purpose of making | 102160 |
| the buildings or structures accessible to and usable by physically | 102161 |
| handicapped persons. | 102162 |
| (10) Deduct the amount of wages and salaries, if any, not | 102163 |
| otherwise allowable as a deduction but that would have been | 102164 |
| allowable as a deduction in computing federal taxable income | 102165 |
| before operating loss deduction and special deductions for the | 102166 |
| taxable year, had the targeted jobs credit allowed and determined | 102167 |
| under sections 38, 51, and 52 of the Internal Revenue Code not | 102168 |
| been in effect. | 102169 |
| (11) Deduct net interest income on obligations of the United | 102170 |
| States and its territories and possessions or of any authority, | 102171 |
| commission, or instrumentality of the United States to the extent | 102172 |
| the laws of the United States prohibit inclusion of the net | 102173 |
| interest for purposes of determining the value of the taxpayer's | 102174 |
| issued and outstanding shares of stock under division (B) of | 102175 |
| section 5733.05 of the Revised Code. As used in division (I)(11) | 102176 |
| of this section, "net interest" means interest net of any expenses | 102177 |
| taken on the federal income tax return that would not have been | 102178 |
| allowed under section 265 of the Internal Revenue Code if the | 102179 |
| interest were exempt from federal income tax. | 102180 |
| (12)(a) Except as set forth in division (I)(12)(d) of this | 102181 |
| section, to the extent not included in computing the taxpayer's | 102182 |
| federal taxable income before operating loss deduction and special | 102183 |
| deductions, add gains and deduct losses from direct or indirect | 102184 |
| sales, exchanges, or other dispositions, made by a related entity | 102185 |
| who is not a taxpayer, of the taxpayer's indirect, beneficial, or | 102186 |
| constructive investment in the stock or debt of another entity, | 102187 |
| unless the gain or loss has been included in computing the federal | 102188 |
| taxable income before operating loss deduction and special | 102189 |
| deductions of another taxpayer with a more closely related | 102190 |
| investment in the stock or debt of the other entity. The amount of | 102191 |
| gain added or loss deducted shall not exceed the product obtained | 102192 |
| by multiplying such gain or loss by the taxpayer's proportionate | 102193 |
| share, directly, indirectly, beneficially, or constructively, of | 102194 |
| the outstanding stock of the related entity immediately prior to | 102195 |
| the direct or indirect sale, exchange, or other disposition. | 102196 |
| (b) Except as set forth in division (I)(12)(e) of this | 102197 |
| section, to the extent not included in computing the taxpayer's | 102198 |
| federal taxable income before operating loss deduction and special | 102199 |
| deductions, add gains and deduct losses from direct or indirect | 102200 |
| sales, exchanges, or other dispositions made by a related entity | 102201 |
| who is not a taxpayer, of intangible property other than stock, | 102202 |
| securities, and debt, if such property was owned, or used in whole | 102203 |
| or in part, at any time prior to or at the time of the sale, | 102204 |
| exchange, or disposition by either the taxpayer or by a related | 102205 |
| entity that was a taxpayer at any time during the related entity's | 102206 |
| ownership or use of such property, unless the gain or loss has | 102207 |
| been included in computing the federal taxable income before | 102208 |
| operating loss deduction and special deductions of another | 102209 |
| taxpayer with a more closely related ownership or use of such | 102210 |
| intangible property. The amount of gain added or loss deducted | 102211 |
| shall not exceed the product obtained by multiplying such gain or | 102212 |
| loss by the taxpayer's proportionate share, directly, indirectly, | 102213 |
| beneficially, or constructively, of the outstanding stock of the | 102214 |
| related entity immediately prior to the direct or indirect sale, | 102215 |
| exchange, or other disposition. | 102216 |
| (c) As used in division (I)(12) of this section, "related | 102217 |
| entity" means those entities described in divisions (I)(12)(c)(i) | 102218 |
| to (iii) of this section: | 102219 |
| (i) An individual stockholder, or a member of the | 102220 |
| stockholder's family enumerated in section 318 of the Internal | 102221 |
| Revenue Code, if the stockholder and the members of the | 102222 |
| stockholder's family own, directly, indirectly, beneficially, or | 102223 |
| constructively, in the aggregate, at least fifty per cent of the | 102224 |
| value of the taxpayer's outstanding stock; | 102225 |
| (ii) A stockholder, or a stockholder's partnership, estate, | 102226 |
| trust, or corporation, if the stockholder and the stockholder's | 102227 |
| partnerships, estates, trusts, and corporations own directly, | 102228 |
| indirectly, beneficially, or constructively, in the aggregate, at | 102229 |
| least fifty per cent of the value of the taxpayer's outstanding | 102230 |
| stock; | 102231 |
| (iii) A corporation, or a party related to the corporation in | 102232 |
| a manner that would require an attribution of stock from the | 102233 |
| corporation to the party or from the party to the corporation | 102234 |
| under division (I)(12)(c)(iv) of this section, if the taxpayer | 102235 |
| owns, directly, indirectly, beneficially, or constructively, at | 102236 |
| least fifty per cent of the value of the corporation's outstanding | 102237 |
| stock. | 102238 |
| (iv) The attribution rules of section 318 of the Internal | 102239 |
| Revenue Code apply for purposes of determining whether the | 102240 |
| ownership requirements in divisions (I)(12)(c)(i) to (iii) of this | 102241 |
| section have been met. | 102242 |
| (d) For purposes of the adjustments required by division | 102243 |
| (I)(12)(a) of this section, the term "investment in the stock or | 102244 |
| debt of another entity" means only those investments where the | 102245 |
| taxpayer and the taxpayer's related entities directly, indirectly, | 102246 |
| beneficially, or constructively own, in the aggregate, at any time | 102247 |
| during the twenty-four month period commencing one year prior to | 102248 |
| the direct or indirect sale, exchange, or other disposition of | 102249 |
| such investment at least fifty per cent or more of the value of | 102250 |
| either the outstanding stock or such debt of such other entity. | 102251 |
| (e) For purposes of the adjustments required by division | 102252 |
| (I)(12)(b) of this section, the term "related entity" excludes all | 102253 |
| of the following: | 102254 |
| (i) Foreign corporations as defined in section 7701 of the | 102255 |
| Internal Revenue Code; | 102256 |
| (ii) Foreign partnerships as defined in section 7701 of the | 102257 |
| Internal Revenue Code; | 102258 |
| (iii) Corporations, partnerships, estates, and trusts created | 102259 |
| or organized in or under the laws of the Commonwealth of Puerto | 102260 |
| Rico or any possession of the United States; | 102261 |
| (iv) Foreign estates and foreign trusts as defined in section | 102262 |
| 7701 of the Internal Revenue Code. | 102263 |
| The exclusions described in divisions (I)(12)(e)(i) to (iv) | 102264 |
| of this section do not apply if the corporation, partnership, | 102265 |
| estate, or trust is described in any one of divisions (C)(1) to | 102266 |
| (5) of section 5733.042 of the Revised Code. | 102267 |
| (f) Nothing in division (I)(12) of this section shall require | 102268 |
| or permit a taxpayer to add any gains or deduct any losses | 102269 |
| described in divisions (I)(12)(f)(i) and (ii) of this section: | 102270 |
| (i) Gains or losses recognized for federal income tax | 102271 |
| purposes by an individual, estate, or trust without regard to the | 102272 |
| attribution rules described in division (I)(12)(c) of this | 102273 |
| section; | 102274 |
| (ii) A related entity's gains or losses described in division | 102275 |
| (I)(12)(b) of this section if the taxpayer's ownership of or use | 102276 |
| of such intangible property was limited to a period not exceeding | 102277 |
| nine months and was attributable to a transaction or a series of | 102278 |
| transactions executed in accordance with the election or elections | 102279 |
| made by the taxpayer or a related entity pursuant to section 338 | 102280 |
| of the Internal Revenue Code. | 102281 |
| (13) Any adjustment required by section 5733.042 of the | 102282 |
| Revised Code. | 102283 |
| (14) Add any amount claimed as a credit under section | 102284 |
| 5733.0611 of the Revised Code to the extent that such amount | 102285 |
| satisfies either of the following: | 102286 |
| (a) It was deducted or excluded from the computation of the | 102287 |
| corporation's taxable income before operating loss deduction and | 102288 |
| special deductions as required to be reported for the | 102289 |
| corporation's taxable year under the Internal Revenue Code; | 102290 |
| (b) It resulted in a reduction of the corporation's taxable | 102291 |
| income before operating loss deduction and special deductions as | 102292 |
| required to be reported for any of the corporation's taxable years | 102293 |
| under the Internal Revenue Code. | 102294 |
| (15) Deduct the amount contributed by the taxpayer to an | 102295 |
| individual development account program established by a county | 102296 |
| department of job and family services pursuant to sections 329.11 | 102297 |
| to 329.14 of the Revised Code for the purpose of matching funds | 102298 |
| deposited by program participants. On request of the tax | 102299 |
| commissioner, the taxpayer shall provide any information that, in | 102300 |
| the tax commissioner's opinion, is necessary to establish the | 102301 |
| amount deducted under division (I)(15) of this section. | 102302 |
| (16) Any adjustment required by section 5733.0510 or | 102303 |
| 5733.0511 of the Revised Code. | 102304 |
| (17)(a)(i) Add five-sixths of the amount of depreciation | 102305 |
| expense allowed under subsection (k) of section 168 of the | 102306 |
| Internal Revenue Code, including a person's proportionate or | 102307 |
| distributive share of the amount of depreciation expense allowed | 102308 |
| by that subsection to any pass-through entity in which the person | 102309 |
| has direct or indirect ownership. | 102310 |
| (ii) Add five-sixths of the amount of qualifying section 179 | 102311 |
| depreciation expense, including a person's proportionate or | 102312 |
| distributive share of the amount of qualifying section 179 | 102313 |
| depreciation expense allowed to any pass-through entity in which | 102314 |
| the person has a direct or indirect ownership. For the purposes of | 102315 |
| this division, "qualifying section 179 depreciation expense" means | 102316 |
| the difference between (I) the amount of depreciation expense | 102317 |
| directly or indirectly allowed to the taxpayer under section 179 | 102318 |
| of the Internal Revenue Code, and (II) the amount of depreciation | 102319 |
| expense directly or indirectly allowed to the taxpayer under | 102320 |
| section 179 of the Internal Revenue Code as that section existed | 102321 |
| on December 31, 2002. | 102322 |
| The tax commissioner, under procedures established by the | 102323 |
| commissioner, may waive the add-backs related to a pass-through | 102324 |
| entity if the person owns, directly or indirectly, less than five | 102325 |
| per cent of the pass-through entity. | 102326 |
| (b) Nothing in division (I)(17) of this section shall be | 102327 |
| construed to adjust or modify the adjusted basis of any asset. | 102328 |
| (c) To the extent the add-back is attributable to property | 102329 |
| generating income or loss allocable under section 5733.051 of the | 102330 |
| Revised Code, the add-back shall be allocated to the same location | 102331 |
| as the income or loss generated by that property. Otherwise, the | 102332 |
| add-back shall be apportioned, subject to division (B)(2)(d) of | 102333 |
| section 5733.05 of the Revised Code. | 102334 |
| (18)(a) If a person is required to make the add-back under | 102335 |
| division (I)(17)(a) of this section for a tax year, the person | 102336 |
| shall deduct one-fifth of the amount added back for each of the | 102337 |
| succeeding five tax years. | 102338 |
| (b) If the amount deducted under division (I)(18)(a) of this | 102339 |
| section is attributable to an add-back allocated under division | 102340 |
| (I)(17)(c) of this section, the amount deducted shall be allocated | 102341 |
| to the same location. Otherwise, the amount shall be apportioned | 102342 |
| using the apportionment factors for the taxable year in which the | 102343 |
| deduction is taken, subject to division (B)(2)(d) of section | 102344 |
| 5733.05 of the Revised Code. | 102345 |
| (J) Except as otherwise expressly provided or clearly | 102346 |
| appearing from the context, any term used in this chapter has the | 102347 |
| same meaning as when used in a comparable context in the laws of | 102348 |
| the United States relating to federal income taxes. Any reference | 102349 |
| in this chapter to the Internal Revenue Code includes other laws | 102350 |
| of the United States relating to federal income taxes. | 102351 |
| (K) "Financial institution" has the meaning given by section | 102352 |
| 5725.01 of the Revised Code but does not include a production | 102353 |
| credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091. | 102354 |
| (L)(1) A "qualifying holding company" is any corporation | 102355 |
| satisfying all of the following requirements: | 102356 |
| (a) Subject to divisions (L)(2) and (3) of this section, the | 102357 |
| net book value of the corporation's intangible assets is greater | 102358 |
| than or equal to ninety per cent of the net book value of all of | 102359 |
| its assets and at least fifty per cent of the net book value of | 102360 |
| all of its assets represents direct or indirect investments in the | 102361 |
| equity of, loans and advances to, and accounts receivable due from | 102362 |
| related members; | 102363 |
| (b) At least ninety per cent of the corporation's gross | 102364 |
| income for the taxable year is attributable to the following: | 102365 |
| (i) The maintenance, management, ownership, acquisition, use, | 102366 |
| and disposition of its intangible property, its aircraft the use | 102367 |
| of which is not subject to regulation under 14 C.F.R. part 121 or | 102368 |
| part 135, and any real property described in division (L)(2)(c) of | 102369 |
| this section; | 102370 |
| (ii) The collection and distribution of income from such | 102371 |
| property. | 102372 |
| (c) The corporation is not a financial institution on the | 102373 |
| last day of the taxable year ending prior to the first day of the | 102374 |
| tax year; | 102375 |
| (d) The corporation's related members make a good faith and | 102376 |
| reasonable effort to make timely and fully the adjustments | 102377 |
|
required by division
| 102378 |
| Code and to pay timely and fully all uncontested taxes, interest, | 102379 |
| penalties, and other fees and charges imposed under this chapter; | 102380 |
| (e) Subject to division (L)(4) of this section, the | 102381 |
| corporation elects to be treated as a qualifying holding company | 102382 |
| for the tax year. | 102383 |
| A corporation otherwise satisfying divisions (L)(1)(a) to (e) | 102384 |
| of this section that does not elect to be a qualifying holding | 102385 |
| company is not a qualifying holding company for the purposes of | 102386 |
| this chapter. | 102387 |
| (2)(a)(i) For purposes of making the ninety per cent | 102388 |
| computation under division (L)(1)(a) of this section, the net book | 102389 |
| value of the corporation's assets shall not include the net book | 102390 |
| value of aircraft or real property described in division | 102391 |
| (L)(1)(b)(i) of this section. | 102392 |
| (ii) For purposes of making the fifty per cent computation | 102393 |
| under division (L)(1)(a) of this section, the net book value of | 102394 |
| assets shall include the net book value of aircraft or real | 102395 |
| property described in division (L)(1)(b)(i) of this section. | 102396 |
| (b)(i) As used in division (L) of this section, "intangible | 102397 |
| asset" includes, but is not limited to, the corporation's direct | 102398 |
| interest in each pass-through entity only if at all times during | 102399 |
| the corporation's taxable year ending prior to the first day of | 102400 |
| the tax year the corporation's and the corporation's related | 102401 |
| members' combined direct and indirect interests in the capital or | 102402 |
| profits of such pass-through entity do not exceed fifty per cent. | 102403 |
| If the corporation's interest in the pass-through entity is an | 102404 |
| intangible asset for that taxable year, then the distributive | 102405 |
| share of any income from the pass-through entity shall be income | 102406 |
| from an intangible asset for that taxable year. | 102407 |
| (ii) If a corporation's and the corporation's related | 102408 |
| members' combined direct and indirect interests in the capital or | 102409 |
| profits of a pass-through entity exceed fifty per cent at any time | 102410 |
| during the corporation's taxable year ending prior to the first | 102411 |
| day of the tax year, "intangible asset" does not include the | 102412 |
| corporation's direct interest in the pass-through entity, and the | 102413 |
| corporation shall include in its assets its proportionate share of | 102414 |
| the assets of any such pass-through entity and shall include in | 102415 |
| its gross income its distributive share of the gross income of | 102416 |
| such pass-through entity in the same form as was earned by the | 102417 |
| pass-through entity. | 102418 |
| (iii) A pass-through entity's direct or indirect | 102419 |
| proportionate share of any other pass-through entity's assets | 102420 |
| shall be included for the purpose of computing the corporation's | 102421 |
| proportionate share of the pass-through entity's assets under | 102422 |
| division (L)(2)(b)(ii) of this section, and such pass-through | 102423 |
| entity's distributive share of any other pass-through entity's | 102424 |
| gross income shall be included for purposes of computing the | 102425 |
| corporation's distributive share of the pass-through entity's | 102426 |
| gross income under division (L)(2)(b)(ii) of this section. | 102427 |
| (c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii), | 102428 |
| (2)(a)(i), and (2)(a)(ii) of this section, real property is | 102429 |
| described in division (L)(2)(c) of this section only if all of the | 102430 |
| following conditions are present at all times during the taxable | 102431 |
| year ending prior to the first day of the tax year: | 102432 |
| (i) The real property serves as the headquarters of the | 102433 |
| corporation's trade or business, or is the place from which the | 102434 |
| corporation's trade or business is principally managed or | 102435 |
| directed; | 102436 |
| (ii) Not more than ten per cent of the value of the real | 102437 |
| property and not more than ten per cent of the square footage of | 102438 |
| the building or buildings that are part of the real property is | 102439 |
| used, made available, or occupied for the purpose of providing, | 102440 |
| acquiring, transferring, selling, or disposing of tangible | 102441 |
| property or services in the normal course of business to persons | 102442 |
| other than related members, the corporation's employees and their | 102443 |
| families, and such related members' employees and their families. | 102444 |
| (d) As used in division (L) of this section, "related member" | 102445 |
| has the same meaning as in division (A)(6) of section 5733.042 of | 102446 |
| the Revised Code without regard to division (B) of that section. | 102447 |
| (3) The percentages described in division (L)(1)(a) of this | 102448 |
| section shall be equal to the quarterly average of those | 102449 |
| percentages as calculated during the corporation's taxable year | 102450 |
| ending prior to the first day of the tax year. | 102451 |
| (4) With respect to the election described in division | 102452 |
| (L)(1)(e) of this section: | 102453 |
| (a) The election need not accompany a timely filed report; | 102454 |
| (b) The election need not accompany the report; rather, the | 102455 |
| election may accompany a subsequently filed but timely application | 102456 |
| for refund and timely amended report, or a subsequently filed but | 102457 |
| timely petition for reassessment; | 102458 |
| (c) The election is not irrevocable; | 102459 |
| (d) The election applies only to the tax year specified by | 102460 |
| the corporation; | 102461 |
| (e) The corporation's related members comply with division | 102462 |
| (L)(1)(d) of this section. | 102463 |
| Nothing in division (L)(4) of this section shall be construed | 102464 |
| to extend any statute of limitations set forth in this chapter. | 102465 |
| (M) "Qualifying controlled group" means two or more | 102466 |
| corporations that satisfy the ownership and control requirements | 102467 |
| of division (A) of section 5733.052 of the Revised Code. | 102468 |
| (N) "Limited liability company" means any limited liability | 102469 |
| company formed under Chapter 1705. of the Revised Code or under | 102470 |
| the laws of any other state. | 102471 |
| (O) "Pass-through entity" means a corporation that has made | 102472 |
| an election under subchapter S of Chapter 1 of Subtitle A of the | 102473 |
| Internal Revenue Code for its taxable year under that code, or a | 102474 |
| partnership, limited liability company, or any other person, other | 102475 |
| than an individual, trust, or estate, if the partnership, limited | 102476 |
| liability company, or other person is not classified for federal | 102477 |
| income tax purposes as an association taxed as a corporation. | 102478 |
| (P) "Electric company," "combined company," and "telephone | 102479 |
| company" have the same meanings as in section 5727.01 of the | 102480 |
| Revised Code. | 102481 |
| (Q) "Business income" means income arising from transactions, | 102482 |
| activities, and sources in the regular course of a trade or | 102483 |
| business and includes income from real property, tangible personal | 102484 |
| property, and intangible personal property if the acquisition, | 102485 |
| rental, management, and disposition of the property constitute | 102486 |
| integral parts of the regular course of a trade or business | 102487 |
| operation. "Business income" includes income, including gain or | 102488 |
| loss, from a partial or complete liquidation of a business, | 102489 |
| including, but not limited to, gain or loss from the sale or other | 102490 |
| disposition of goodwill. | 102491 |
| (R) "Nonbusiness income" means all income other than business | 102492 |
| income. | 102493 |
| Sec. 5733.58. (A) Terms used in this section have the same | 102494 |
| meaning as in section 5725.33 of the Revised Code. | 102495 |
| (B) There is hereby allowed a nonrefundable credit against | 102496 |
| the tax imposed by section 5733.06 of the Revised Code for a | 102497 |
| financial institution holding a qualified equity investment on the | 102498 |
| credit allowance date occurring in the calendar year immediately | 102499 |
| preceding the tax year for which the tax is due. The credit shall | 102500 |
| be computed in the same manner prescribed for the computation of | 102501 |
| credits allowed under section 5725.33 of the Revised Code. | 102502 |
| By claiming a tax credit under this section, a financial | 102503 |
| institution waives its rights under section 5733.11 of the Revised | 102504 |
| Code with respect to the time limitation for the assessment of | 102505 |
| taxes as it relates to credits claimed that later become subject | 102506 |
| to recapture under division (D) of this section. | 102507 |
| The credit shall be claimed in the order prescribed by | 102508 |
| section 5733.98 of the Revised Code. If the amount of the credit | 102509 |
| exceeds the amount of tax otherwise due after deducting all other | 102510 |
| credits in that order, the excess may be carried forward and | 102511 |
| applied to the tax due for not more than four ensuing tax years. | 102512 |
| (C) The total amount of qualified equity investments on the | 102513 |
| basis of which credits may be claimed under this section and | 102514 |
| sections 5725.33 and 5729.16 of the Revised Code is subject to the | 102515 |
| limitation of division (C) of section 5725.33 of the Revised Code. | 102516 |
| (D) If any amount of the federal tax credit allowed for a | 102517 |
| qualified equity investment for which a credit was received under | 102518 |
| this section is recaptured under section 45D of the Internal | 102519 |
| Revenue Code, or if the director of development determines that an | 102520 |
| investment for which a tax credit is claimed under this section is | 102521 |
| not a qualified equity investment or that the proceeds of an | 102522 |
| investment for which a tax credit is claimed under this section | 102523 |
| are used to make qualified low-income community investments other | 102524 |
| than in a qualified active low-income community business, all or a | 102525 |
| portion of the credit received on account of that investment | 102526 |
| shall be paid by the financial institution that received the | 102527 |
| credit to the tax commissioner. The amount to be recovered shall | 102528 |
| be determined by the director of development pursuant to rules | 102529 |
| adopted under section 5725.33 of the Revised Code. The director | 102530 |
| shall certify any amount due under this division to the tax | 102531 |
| commissioner, and the commissioner shall notify the financial | 102532 |
| institution of the amount due. The amount due is payable not | 102533 |
| later than thirty days after the day the commissioner issues the | 102534 |
| notice. The amount due shall be considered to be tax due under | 102535 |
| section 5733.06 of the Revised Code, and may be collected by | 102536 |
| assessment without regard to the limitations imposed under section | 102537 |
| 5733.11 of the Revised Code for the assessment of taxes by the | 102538 |
| commissioner. All amounts collected under this division shall be | 102539 |
| credited as revenue from the tax levied under section 5733.06 of | 102540 |
| the Revised Code. | 102541 |
| Sec. 5733.59. (A) Any term used in this section has the same | 102542 |
| meaning as in section 122.85 of the Revised Code. | 102543 |
| (B) There is allowed a credit against the tax imposed by | 102544 |
| section 5733.06 of the Revised Code for any corporation that is | 102545 |
| the certificate owner of a tax credit certificate issued under | 102546 |
| section 122.85 of the Revised Code. The credit shall be claimed | 102547 |
| for the taxable year in which the certificate is issued by the | 102548 |
| director of development. The credit amount equals the amount | 102549 |
| stated in the certificate. The credit shall be claimed in the | 102550 |
| order required under section 5733.98 of the Revised Code. If the | 102551 |
| credit amount exceeds the tax otherwise due under section 5733.06 | 102552 |
| of the Revised Code after deducting all other credits in that | 102553 |
| order, the excess shall be refunded. | 102554 |
| (C) If, pursuant to division (G) of section 5733.01 of the | 102555 |
| Revised Code, the corporation is not required to pay tax under | 102556 |
| this chapter, the corporation may file an annual report under | 102557 |
| section 5733.02 of the Revised Code and claim the credit | 102558 |
| authorized by this section. Nothing in this section allows a | 102559 |
| corporation to claim more than one credit per tax credit-eligible | 102560 |
| production. | 102561 |
| Sec. 5733.98. (A) To provide a uniform procedure for | 102562 |
| calculating the amount of tax imposed by section 5733.06 of the | 102563 |
| Revised Code that is due under this chapter, a taxpayer shall | 102564 |
| claim any credits to which it is entitled in the following order, | 102565 |
| except as otherwise provided in section 5733.058 of the Revised | 102566 |
| Code: | 102567 |
| (1) For tax year 2005, the credit for taxes paid by a | 102568 |
| qualifying pass-through entity allowed under section 5733.0611 of | 102569 |
| the Revised Code; | 102570 |
| (2) The credit allowed for financial institutions under | 102571 |
| section 5733.45 of the Revised Code; | 102572 |
| (3) The credit for qualifying affiliated groups under section | 102573 |
| 5733.068 of the Revised Code; | 102574 |
| (4) The subsidiary corporation credit under section 5733.067 | 102575 |
| of the Revised Code; | 102576 |
| (5) The savings and loan assessment credit under section | 102577 |
| 5733.063 of the Revised Code; | 102578 |
| (6) The credit for recycling and litter prevention donations | 102579 |
| under section 5733.064 of the Revised Code; | 102580 |
| (7) The credit for employers that enter into agreements with | 102581 |
| child day-care centers under section 5733.36 of the Revised Code; | 102582 |
| (8) The credit for employers that reimburse employee child | 102583 |
| care expenses under section 5733.38 of the Revised Code; | 102584 |
| (9) The credit for maintaining railroad active grade crossing | 102585 |
| warning devices under section 5733.43 of the Revised Code; | 102586 |
| (10) The credit for purchases of lights and reflectors under | 102587 |
| section 5733.44 of the Revised Code; | 102588 |
| (11) The job retention credit under division (B) of section | 102589 |
| 5733.0610 of the Revised Code; | 102590 |
| (12) The credit for tax years 2008 and 2009 for selling | 102591 |
| alternative fuel under section 5733.48 of the Revised Code; | 102592 |
| (13) The second credit for purchases of new manufacturing | 102593 |
| machinery and equipment under section 5733.33 of the Revised Code; | 102594 |
| (14) The job training credit under section 5733.42 of the | 102595 |
| Revised Code; | 102596 |
| (15) The credit for qualified research expenses under section | 102597 |
| 5733.351 of the Revised Code; | 102598 |
| (16) The enterprise zone credit under section 5709.66 of the | 102599 |
| Revised Code; | 102600 |
| (17) The credit for the eligible costs associated with a | 102601 |
| voluntary action under section 5733.34 of the Revised Code; | 102602 |
| (18) The credit for employers that establish on-site child | 102603 |
| day-care centers under section 5733.37 of the Revised Code; | 102604 |
| (19) The ethanol plant investment credit under section | 102605 |
| 5733.46 of the Revised Code; | 102606 |
| (20) The credit for purchases of qualifying grape production | 102607 |
| property under section 5733.32 of the Revised Code; | 102608 |
| (21) The export sales credit under section 5733.069 of the | 102609 |
| Revised Code; | 102610 |
| (22) The credit for research and development and technology | 102611 |
| transfer investors under section 5733.35 of the Revised Code; | 102612 |
| (23) The enterprise zone credits under section 5709.65 of the | 102613 |
| Revised Code; | 102614 |
| (24) The credit for using Ohio coal under section 5733.39 of | 102615 |
| the Revised Code; | 102616 |
| (25) The credit for purchases of qualified low-income | 102617 |
| community investments under section 5733.58 of the Revised Code; | 102618 |
| (26) The credit for small telephone companies under section | 102619 |
| 5733.57 of the Revised Code; | 102620 |
| | 102621 |
| under section 5733.55 of the Revised Code; | 102622 |
| | 102623 |
| to aid the communicatively impaired under division (A) of section | 102624 |
| 5733.56 of the Revised Code; | 102625 |
| | 102626 |
| 5733.352 of the Revised Code; | 102627 |
| | 102628 |
| credit for taxes paid by a qualifying pass-through entity allowed | 102629 |
| under section 5733.0611 of the Revised Code; | 102630 |
| | 102631 |
| building under section 5733.47 of the Revised Code; | 102632 |
| | 102633 |
| (A) of section 5733.0610 of the Revised Code; | 102634 |
| | 102635 |
| division (B)(2) of section 5747.062 of the Revised Code; | 102636 |
| | 102637 |
| Revised Code for losses on loans made to the Ohio venture capital | 102638 |
| program under sections 150.01 to 150.10 of the Revised Code; | 102639 |
| | 102640 |
| credit allowable under division (B) of section 5733.56 of the | 102641 |
| Revised Code; | 102642 |
| (36) The refundable motion picture production credit under | 102643 |
| section 5733.59 of the Revised Code. | 102644 |
| (B) For any credit except the credits enumerated in divisions | 102645 |
|
(A) | 102646 |
| for a tax year shall not exceed the tax due after allowing for | 102647 |
| any other credit that precedes it in the order required under | 102648 |
| this section. Any excess amount of a particular credit may be | 102649 |
| carried forward if authorized under the section creating that | 102650 |
| credit. | 102651 |
| Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on | 102652 |
| which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of | 102653 |
| the Revised Code has been paid, for the purpose of operating a | 102654 |
|
transit
bus shall be reimbursed in the amount of
| 102655 |
| on motor fuel used by public transportation systems providing | 102656 |
| transit or paratransit service on a regular and continuing basis | 102657 |
| within the state; | 102658 |
| (2) A city, exempted village, joint vocational, or local | 102659 |
| school district or educational service center that purchases any | 102660 |
| motor fuel for school district or service center operations, on | 102661 |
| which any tax imposed by section 5735.29 of the Revised Code that | 102662 |
| became effective on or after July 1, 2003, has been paid, may, if | 102663 |
| an application is filed under this section, be reimbursed in the | 102664 |
| amount of all but two cents per gallon of the total tax imposed by | 102665 |
| such section and paid on motor fuel. | 102666 |
| (3) A county board of mental retardation and developmental | 102667 |
| disabilities that, on or after July 1, 2005, purchases any motor | 102668 |
| fuel for county board operations, on which any tax imposed by | 102669 |
| section 5735.29 of the Revised Code has been paid may, if an | 102670 |
| application is filed under this section, be reimbursed in the | 102671 |
| amount of all but two cents per gallon of the total tax imposed by | 102672 |
| such section and paid on motor fuel purchased on or after July 1, | 102673 |
| 2005. | 102674 |
| (B) Such person, school district, educational service center, | 102675 |
| or county board shall file with the tax commissioner an | 102676 |
| application for refund within one year from the date of purchase, | 102677 |
| stating the quantity of fuel used for operating transit buses used | 102678 |
| by local transit systems in furnishing scheduled common carrier, | 102679 |
| public passenger land transportation service along regular routes | 102680 |
| primarily in one or more municipal corporations or for operating | 102681 |
| vehicles used for school district, service center, or county board | 102682 |
| operations. However, no claim shall be made for the tax on fewer | 102683 |
| than one hundred gallons of motor fuel. A school district, | 102684 |
| educational service center, or county board shall not apply for a | 102685 |
| refund for any tax paid on motor fuel that is sold by the | 102686 |
| district, service center, or county board. The application shall | 102687 |
| be accompanied by the statement described in section 5735.15 of | 102688 |
| the Revised Code showing the purchase, together with evidence of | 102689 |
| payment thereof. | 102690 |
| (C) After consideration of the application and statement, the | 102691 |
| commissioner shall determine the amount of refund to which the | 102692 |
| applicant is entitled. If the amount is not less than that | 102693 |
| claimed, the commissioner shall certify the amount to the director | 102694 |
| of budget and management and treasurer of state for payment from | 102695 |
| the tax refund fund created by section 5703.052 of the Revised | 102696 |
| Code. If the amount is less than that claimed, the commissioner | 102697 |
| shall proceed in accordance with section 5703.70 of the Revised | 102698 |
| Code. | 102699 |
| The commissioner may require that the application be | 102700 |
| supported by the affidavit of the claimant. No refund shall be | 102701 |
| authorized or ordered for any single claim for the tax on fewer | 102702 |
| than one hundred gallons of motor fuel. No refund shall be | 102703 |
| authorized or ordered on motor fuel that is sold by a school | 102704 |
| district, educational service center, or county board. | 102705 |
| (D) The refund authorized by this section or section 5703.70 | 102706 |
| of the Revised Code shall be reduced by the cents per gallon | 102707 |
| amount of any qualified fuel credit received under section | 102708 |
| 5735.145 of the Revised Code, as determined by the commissioner, | 102709 |
| for each gallon of qualified fuel included in the total gallonage | 102710 |
| of motor fuel upon which the refund is computed. | 102711 |
| (E) The right to receive any refund under this section or | 102712 |
| section 5703.70 of the Revised Code is not assignable. The payment | 102713 |
| of this refund shall not be made to any person or entity other | 102714 |
| than the person or entity originally entitled thereto who used the | 102715 |
| motor fuel upon which the claim for refund is based, except that | 102716 |
| the refund when allowed and certified, as provided in this | 102717 |
| section, may be paid to the executor, the administrator, the | 102718 |
| receiver, the trustee in bankruptcy, or the assignee in insolvency | 102719 |
| proceedings of the person. | 102720 |
| Sec. 5739.01. As used in this chapter: | 102721 |
| (A) "Person" includes individuals, receivers, assignees, | 102722 |
| trustees in bankruptcy, estates, firms, partnerships, | 102723 |
| associations, joint-stock companies, joint ventures, clubs, | 102724 |
| societies, corporations, the state and its political subdivisions, | 102725 |
| and combinations of individuals of any form. | 102726 |
| (B) "Sale" and "selling" include all of the following | 102727 |
| transactions for a consideration in any manner, whether absolutely | 102728 |
| or conditionally, whether for a price or rental, in money or by | 102729 |
| exchange, and by any means whatsoever: | 102730 |
| (1) All transactions by which title or possession, or both, | 102731 |
| of tangible personal property, is or is to be transferred, or a | 102732 |
| license to use or consume tangible personal property is or is to | 102733 |
| be granted; | 102734 |
| (2) All transactions by which lodging by a hotel is or is to | 102735 |
| be furnished to transient guests; | 102736 |
| (3) All transactions by which: | 102737 |
| (a) An item of tangible personal property is or is to be | 102738 |
| repaired, except property, the purchase of which would not be | 102739 |
| subject to the tax imposed by section 5739.02 of the Revised Code; | 102740 |
| (b) An item of tangible personal property is or is to be | 102741 |
| installed, except property, the purchase of which would not be | 102742 |
| subject to the tax imposed by section 5739.02 of the Revised Code | 102743 |
| or property that is or is to be incorporated into and will become | 102744 |
| a part of a production, transmission, transportation, or | 102745 |
| distribution system for the delivery of a public utility service; | 102746 |
| (c) The service of washing, cleaning, waxing, polishing, or | 102747 |
| painting a motor vehicle is or is to be furnished; | 102748 |
| (d) Until August 1, 2003, industrial laundry cleaning | 102749 |
| services are or are to be provided and, on and after August 1, | 102750 |
| 2003, laundry and dry cleaning services are or are to be provided; | 102751 |
| (e) Automatic data processing, computer services, or | 102752 |
| electronic information services are or are to be provided for use | 102753 |
| in business when the true object of the transaction is the receipt | 102754 |
| by the consumer of automatic data processing, computer services, | 102755 |
| or electronic information services rather than the receipt of | 102756 |
| personal or professional services to which automatic data | 102757 |
| processing, computer services, or electronic information services | 102758 |
| are incidental or supplemental. Notwithstanding any other | 102759 |
| provision of this chapter, such transactions that occur between | 102760 |
| members of an affiliated group are not sales. An "affiliated | 102761 |
| group" means two or more persons related in such a way that one | 102762 |
| person owns or controls the business operation of another member | 102763 |
| of the group. In the case of corporations with stock, one | 102764 |
| corporation owns or controls another if it owns more than fifty | 102765 |
| per cent of the other corporation's common stock with voting | 102766 |
| rights. | 102767 |
| (f) Telecommunications service, including prepaid calling | 102768 |
| service, prepaid wireless calling service, or ancillary service, | 102769 |
| is or is to be provided, but not including coin-operated telephone | 102770 |
| service; | 102771 |
| (g) Landscaping and lawn care service is or is to be | 102772 |
| provided; | 102773 |
| (h) Private investigation and security service is or is to be | 102774 |
| provided; | 102775 |
| (i) Information services or tangible personal property is | 102776 |
| provided or ordered by means of a nine hundred telephone call; | 102777 |
| (j) Building maintenance and janitorial service is or is to | 102778 |
| be provided; | 102779 |
| (k) Employment service is or is to be provided; | 102780 |
| (l) Employment placement service is or is to be provided; | 102781 |
| (m) Exterminating service is or is to be provided; | 102782 |
| (n) Physical fitness facility service is or is to be | 102783 |
| provided; | 102784 |
| (o) Recreation and sports club service is or is to be | 102785 |
| provided; | 102786 |
| (p) On and after August 1, 2003, satellite broadcasting | 102787 |
| service is or is to be provided; | 102788 |
| (q) On and after August 1, 2003, personal care service is or | 102789 |
| is to be provided to an individual. As used in this division, | 102790 |
| "personal care service" includes skin care, the application of | 102791 |
| cosmetics, manicuring, pedicuring, hair removal, tattooing, body | 102792 |
| piercing, tanning, massage, and other similar services. "Personal | 102793 |
| care service" does not include a service provided by or on the | 102794 |
| order of a licensed physician or licensed chiropractor, or the | 102795 |
| cutting, coloring, or styling of an individual's hair. | 102796 |
| (r) On and after August 1, 2003, the transportation of | 102797 |
| persons by motor vehicle or aircraft is or is to be provided, when | 102798 |
| the transportation is entirely within this state, except for | 102799 |
| transportation provided by an ambulance service, by a transit bus, | 102800 |
| as defined in section 5735.01 of the Revised Code, and | 102801 |
| transportation provided by a citizen of the United States holding | 102802 |
| a certificate of public convenience and necessity issued under 49 | 102803 |
| U.S.C. 41102; | 102804 |
| (s) On and after August 1, 2003, motor vehicle towing service | 102805 |
| is or is to be provided. As used in this division, "motor vehicle | 102806 |
| towing service" means the towing or conveyance of a wrecked, | 102807 |
| disabled, or illegally parked motor vehicle. | 102808 |
| (t) On and after August 1, 2003, snow removal service is or | 102809 |
| is to be provided. As used in this division, "snow removal | 102810 |
| service" means the removal of snow by any mechanized means, but | 102811 |
| does not include the providing of such service by a person that | 102812 |
| has less than five thousand dollars in sales of such service | 102813 |
| during the calendar year. | 102814 |
| (u) Electronic publishing service is or is to be provided to | 102815 |
| a consumer for use in business, except that such transactions | 102816 |
| occurring between members of an affiliated group, as defined in | 102817 |
| division (B)(3)(e) of this section, are not sales. | 102818 |
| (4) All transactions by which printed, imprinted, | 102819 |
| overprinted, lithographic, multilithic, blueprinted, photostatic, | 102820 |
| or other productions or reproductions of written or graphic matter | 102821 |
| are or are to be furnished or transferred; | 102822 |
| (5) The production or fabrication of tangible personal | 102823 |
| property for a consideration for consumers who furnish either | 102824 |
| directly or indirectly the materials used in the production of | 102825 |
| fabrication work; and include the furnishing, preparing, or | 102826 |
| serving for a consideration of any tangible personal property | 102827 |
| consumed on the premises of the person furnishing, preparing, or | 102828 |
| serving such tangible personal property. Except as provided in | 102829 |
| section 5739.03 of the Revised Code, a construction contract | 102830 |
| pursuant to which tangible personal property is or is to be | 102831 |
| incorporated into a structure or improvement on and becoming a | 102832 |
| part of real property is not a sale of such tangible personal | 102833 |
| property. The construction contractor is the consumer of such | 102834 |
| tangible personal property, provided that the sale and | 102835 |
| installation of carpeting, the sale and installation of | 102836 |
| agricultural land tile, the sale and erection or installation of | 102837 |
| portable grain bins, or the provision of landscaping and lawn care | 102838 |
| service and the transfer of property as part of such service is | 102839 |
| never a construction contract. | 102840 |
| As used in division (B)(5) of this section: | 102841 |
| (a) "Agricultural land tile" means fired clay or concrete | 102842 |
| tile, or flexible or rigid perforated plastic pipe or tubing, | 102843 |
| incorporated or to be incorporated into a subsurface drainage | 102844 |
| system appurtenant to land used or to be used directly in | 102845 |
| production by farming, agriculture, horticulture, or floriculture. | 102846 |
| The term does not include such materials when they are or are to | 102847 |
| be incorporated into a drainage system appurtenant to a building | 102848 |
| or structure even if the building or structure is used or to be | 102849 |
| used in such production. | 102850 |
| (b) "Portable grain bin" means a structure that is used or to | 102851 |
| be used by a person engaged in farming or agriculture to shelter | 102852 |
| the person's grain and that is designed to be disassembled without | 102853 |
| significant damage to its component parts. | 102854 |
| (6) All transactions in which all of the shares of stock of a | 102855 |
| closely held corporation are transferred, if the corporation is | 102856 |
| not engaging in business and its entire assets consist of boats, | 102857 |
| planes, motor vehicles, or other tangible personal property | 102858 |
| operated primarily for the use and enjoyment of the shareholders; | 102859 |
| (7) All transactions in which a warranty, maintenance or | 102860 |
| service contract, or similar agreement by which the vendor of the | 102861 |
| warranty, contract, or agreement agrees to repair or maintain the | 102862 |
| tangible personal property of the consumer is or is to be | 102863 |
| provided; | 102864 |
| (8) The transfer of copyrighted motion picture films used | 102865 |
| solely for advertising purposes, except that the transfer of such | 102866 |
| films for exhibition purposes is not a sale; | 102867 |
| (9) On and after August 1, 2003, all transactions by which | 102868 |
| tangible personal property is or is to be stored, except such | 102869 |
| property that the consumer of the storage holds for sale in the | 102870 |
| regular course of business; | 102871 |
| (10) All transactions in which "guaranteed auto protection" | 102872 |
| is provided whereby a person promises to pay to the consumer the | 102873 |
| difference between the amount the consumer receives from motor | 102874 |
| vehicle insurance and the amount the consumer owes to a person | 102875 |
| holding title to or a lien on the consumer's motor vehicle in the | 102876 |
| event the consumer's motor vehicle suffers a total loss under the | 102877 |
| terms of the motor vehicle insurance policy or is stolen and not | 102878 |
| recovered, if the protection and its price are included in the | 102879 |
| purchase or lease agreement; | 102880 |
| (11)(a) Except as provided in division (B)(11)(b) of this | 102881 |
| section, on and after September 1, 2009, all transactions by which | 102882 |
| health care services are paid for, reimbursed, provided, | 102883 |
| delivered, arranged for, or otherwise made available by a medicaid | 102884 |
| health insuring corporation pursuant to the corporation's contract | 102885 |
| with the state. | 102886 |
| (b) If the centers for medicare and medicaid services of the | 102887 |
| United States department of health and human services determines | 102888 |
| that the taxation of transactions described in division (B)(11)(a) | 102889 |
| of this section constitutes an impermissible health care-related | 102890 |
| tax under section 1903(w) of the "Social Security Act," 49 Stat. | 102891 |
| 620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations | 102892 |
| adopted thereunder, the director of job and family services shall | 102893 |
| notify the tax commissioner of that determination. Beginning with | 102894 |
| the first day of the month following that notification, the | 102895 |
| transactions described in division (B)(11)(a) of this section are | 102896 |
| not sales for the purposes of this chapter or Chapter 5741. of the | 102897 |
| Revised Code. The tax commissioner shall order that the collection | 102898 |
| of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026, | 102899 |
| 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code | 102900 |
| shall cease for transactions occurring on or after that date. | 102901 |
| Except as provided in this section, "sale" and "selling" do | 102902 |
| not include transfers of interest in leased property where the | 102903 |
| original lessee and the terms of the original lease agreement | 102904 |
| remain unchanged, or professional, insurance, or personal service | 102905 |
| transactions that involve the transfer of tangible personal | 102906 |
| property as an inconsequential element, for which no separate | 102907 |
| charges are made. | 102908 |
| (C) "Vendor" means the person providing the service or by | 102909 |
| whom the transfer effected or license given by a sale is or is to | 102910 |
| be made or given and, for sales described in division (B)(3)(i) of | 102911 |
| this section, the telecommunications service vendor that provides | 102912 |
| the nine hundred telephone service; if two or more persons are | 102913 |
| engaged in business at the same place of business under a single | 102914 |
| trade name in which all collections on account of sales by each | 102915 |
| are made, such persons shall constitute a single vendor. | 102916 |
| Physicians, dentists, hospitals, and veterinarians who are | 102917 |
| engaged in selling tangible personal property as received from | 102918 |
| others, such as eyeglasses, mouthwashes, dentifrices, or similar | 102919 |
| articles, are vendors. Veterinarians who are engaged in | 102920 |
| transferring to others for a consideration drugs, the dispensing | 102921 |
| of which does not require an order of a licensed veterinarian or | 102922 |
| physician under federal law, are vendors. | 102923 |
| (D)(1) "Consumer" means the person for whom the service is | 102924 |
| provided, to whom the transfer effected or license given by a sale | 102925 |
| is or is to be made or given, to whom the service described in | 102926 |
| division (B)(3)(f) or (i) of this section is charged, or to whom | 102927 |
| the admission is granted. | 102928 |
| (2) Physicians, dentists, hospitals, and blood banks operated | 102929 |
| by nonprofit institutions and persons licensed to practice | 102930 |
| veterinary medicine, surgery, and dentistry are consumers of all | 102931 |
| tangible personal property and services purchased by them in | 102932 |
| connection with the practice of medicine, dentistry, the rendition | 102933 |
| of hospital or blood bank service, or the practice of veterinary | 102934 |
| medicine, surgery, and dentistry. In addition to being consumers | 102935 |
| of drugs administered by them or by their assistants according to | 102936 |
| their direction, veterinarians also are consumers of drugs that | 102937 |
| under federal law may be dispensed only by or upon the order of a | 102938 |
| licensed veterinarian or physician, when transferred by them to | 102939 |
| others for a consideration to provide treatment to animals as | 102940 |
| directed by the veterinarian. | 102941 |
| (3) A person who performs a facility management, or similar | 102942 |
| service contract for a contractee is a consumer of all tangible | 102943 |
| personal property and services purchased for use in connection | 102944 |
| with the performance of such contract, regardless of whether title | 102945 |
| to any such property vests in the contractee. The purchase of such | 102946 |
| property and services is not subject to the exception for resale | 102947 |
| under division (E)(1) of this section. | 102948 |
| (4)(a) In the case of a person who purchases printed matter | 102949 |
| for the purpose of distributing it or having it distributed to the | 102950 |
| public or to a designated segment of the public, free of charge, | 102951 |
| that person is the consumer of that printed matter, and the | 102952 |
| purchase of that printed matter for that purpose is a sale. | 102953 |
| (b) In the case of a person who produces, rather than | 102954 |
| purchases, printed matter for the purpose of distributing it or | 102955 |
| having it distributed to the public or to a designated segment of | 102956 |
| the public, free of charge, that person is the consumer of all | 102957 |
| tangible personal property and services purchased for use or | 102958 |
| consumption in the production of that printed matter. That person | 102959 |
| is not entitled to claim exemption under division (B)(42)(f) of | 102960 |
| section 5739.02 of the Revised Code for any material incorporated | 102961 |
| into the printed matter or any equipment, supplies, or services | 102962 |
| primarily used to produce the printed matter. | 102963 |
| (c) The distribution of printed matter to the public or to a | 102964 |
| designated segment of the public, free of charge, is not a sale to | 102965 |
| the members of the public to whom the printed matter is | 102966 |
| distributed or to any persons who purchase space in the printed | 102967 |
| matter for advertising or other purposes. | 102968 |
| (5) A person who makes sales of any of the services listed in | 102969 |
| division (B)(3) of this section is the consumer of any tangible | 102970 |
| personal property used in performing the service. The purchase of | 102971 |
| that property is not subject to the resale exception under | 102972 |
| division (E)(1) of this section. | 102973 |
| (6) A person who engages in highway transportation for hire | 102974 |
| is the consumer of all packaging materials purchased by that | 102975 |
| person and used in performing the service, except for packaging | 102976 |
| materials sold by such person in a transaction separate from the | 102977 |
| service. | 102978 |
| (7) In the case of a transaction for health care services | 102979 |
| under division (B)(11) of this section, a medicaid health insuring | 102980 |
| corporation is the consumer of such services. The purchase of such | 102981 |
| services by a medicaid health insuring corporation is not subject | 102982 |
| to the exception for resale under division (E)(1) of this section | 102983 |
| or to the exemptions provided under divisions (B)(12), (18), (19), | 102984 |
| and (22) of section 5739.02 of the Revised Code. | 102985 |
| (E) "Retail sale" and "sales at retail" include all sales, | 102986 |
| except those in which the purpose of the consumer is to resell the | 102987 |
| thing transferred or benefit of the service provided, by a person | 102988 |
| engaging in business, in the form in which the same is, or is to | 102989 |
| be, received by the person. | 102990 |
| (F) "Business" includes any activity engaged in by any person | 102991 |
| with the object of gain, benefit, or advantage, either direct or | 102992 |
| indirect. "Business" does not include the activity of a person in | 102993 |
| managing and investing the person's own funds. | 102994 |
| (G) "Engaging in business" means commencing, conducting, or | 102995 |
| continuing in business, and liquidating a business when the | 102996 |
| liquidator thereof holds itself out to the public as conducting | 102997 |
| such business. Making a casual sale is not engaging in business. | 102998 |
| (H)(1)(a) "Price," except as provided in divisions (H)(2) | 102999 |
| 103000 | |
| consideration, including cash, credit, property, and services, | 103001 |
| for which tangible personal property or services are sold, | 103002 |
| leased, or rented, valued in money, whether received in money or | 103003 |
| otherwise, without any deduction for any of the following: | 103004 |
| (i) The vendor's cost of the property sold; | 103005 |
| (ii) The cost of materials used, labor or service costs, | 103006 |
| interest, losses, all costs of transportation to the vendor, all | 103007 |
| taxes imposed on the vendor, including the tax imposed under | 103008 |
| Chapter 5751. of the Revised Code, and any other expense of the | 103009 |
| vendor; | 103010 |
| (iii) Charges by the vendor for any services necessary to | 103011 |
| complete the sale; | 103012 |
| (iv) On and after August 1, 2003, delivery charges. As used | 103013 |
| in this division, "delivery charges" means charges by the vendor | 103014 |
| for preparation and delivery to a location designated by the | 103015 |
| consumer of tangible personal property or a service, including | 103016 |
| transportation, shipping, postage, handling, crating, and packing. | 103017 |
| (v) Installation charges; | 103018 |
| (vi) Credit for any trade-in. | 103019 |
| (b) "Price" includes consideration received by the vendor | 103020 |
| from a third party, if the vendor actually receives the | 103021 |
| consideration from a party other than the consumer, and the | 103022 |
| consideration is directly related to a price reduction or discount | 103023 |
| on the sale; the vendor has an obligation to pass the price | 103024 |
| reduction or discount through to the consumer; the amount of the | 103025 |
| consideration attributable to the sale is fixed and determinable | 103026 |
| by the vendor at the time of the sale of the item to the consumer; | 103027 |
| and one of the following criteria is met: | 103028 |
| (i) The consumer presents a coupon, certificate, or other | 103029 |
| document to the vendor to claim a price reduction or discount | 103030 |
| where the coupon, certificate, or document is authorized, | 103031 |
| distributed, or granted by a third party with the understanding | 103032 |
| that the third party will reimburse any vendor to whom the coupon, | 103033 |
| certificate, or document is presented; | 103034 |
| (ii) The consumer identifies the consumer's self to the | 103035 |
| seller as a member of a group or organization entitled to a price | 103036 |
| reduction or discount. A preferred customer card that is available | 103037 |
| to any patron does not constitute membership in such a group or | 103038 |
| organization. | 103039 |
| (iii) The price reduction or discount is identified as a | 103040 |
| third party price reduction or discount on the invoice received by | 103041 |
| the consumer, or on a coupon, certificate, or other document | 103042 |
| presented by the consumer. | 103043 |
| (c) "Price" does not include any of the following: | 103044 |
| (i) Discounts, including cash, term, or coupons that are not | 103045 |
| reimbursed by a third party that are allowed by a vendor and taken | 103046 |
| by a consumer on a sale; | 103047 |
| (ii) Interest, financing, and carrying charges from credit | 103048 |
| extended on the sale of tangible personal property or services, if | 103049 |
| the amount is separately stated on the invoice, bill of sale, or | 103050 |
| similar document given to the purchaser; | 103051 |
| (iii) Any taxes legally imposed directly on the consumer that | 103052 |
| are separately stated on the invoice, bill of sale, or similar | 103053 |
| document given to the consumer. For the purpose of this division, | 103054 |
| the tax imposed under Chapter 5751. of the Revised Code is not a | 103055 |
| tax directly on the consumer, even if the tax or a portion thereof | 103056 |
| is separately stated. | 103057 |
| (iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this | 103058 |
| section, any discount allowed by an automobile manufacturer to its | 103059 |
| employee, or to the employee of a supplier, on the purchase of a | 103060 |
| new motor vehicle from a new motor vehicle dealer in this state. | 103061 |
| (2) In the case of a sale of any new motor vehicle by a new | 103062 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 103063 |
| Code, in which another motor vehicle is accepted by the dealer as | 103064 |
| part of the consideration received, "price" has the same meaning | 103065 |
| as in division (H)(1) of this section, reduced by the credit | 103066 |
| afforded the consumer by the dealer for the motor vehicle received | 103067 |
| in trade. | 103068 |
| (3) In the case of a sale of any watercraft or outboard motor | 103069 |
| by a watercraft dealer licensed in accordance with section | 103070 |
| 1547.543 of the Revised Code, in which another watercraft, | 103071 |
| watercraft and trailer, or outboard motor is accepted by the | 103072 |
| dealer as part of the consideration received, "price" has the same | 103073 |
| meaning as in division (H)(1) of this section, reduced by the | 103074 |
| credit afforded the consumer by the dealer for the watercraft, | 103075 |
| watercraft and trailer, or outboard motor received in trade. As | 103076 |
| used in this division, "watercraft" includes an outdrive unit | 103077 |
| attached to the watercraft. | 103078 |
| (4) In the case of transactions for health care services | 103079 |
| under division (B)(11) of this section, "price" means the amount | 103080 |
| of managed care premiums received each month by a medicaid health | 103081 |
| insuring corporation. | 103082 |
| (I) "Receipts" means the total amount of the prices of the | 103083 |
| sales of vendors, provided that cash discounts allowed and taken | 103084 |
| on sales at the time they are consummated are not included, minus | 103085 |
| any amount deducted as a bad debt pursuant to section 5739.121 of | 103086 |
| the Revised Code. "Receipts" does not include the sale price of | 103087 |
| property returned or services rejected by consumers when the full | 103088 |
| sale price and tax are refunded either in cash or by credit. | 103089 |
| (J) "Place of business" means any location at which a person | 103090 |
| engages in business. | 103091 |
| (K) "Premises" includes any real property or portion thereof | 103092 |
| upon which any person engages in selling tangible personal | 103093 |
| property at retail or making retail sales and also includes any | 103094 |
| real property or portion thereof designated for, or devoted to, | 103095 |
| use in conjunction with the business engaged in by such person. | 103096 |
| (L) "Casual sale" means a sale of an item of tangible | 103097 |
| personal property that was obtained by the person making the sale, | 103098 |
| through purchase or otherwise, for the person's own use and was | 103099 |
| previously subject to any state's taxing jurisdiction on its sale | 103100 |
| or use, and includes such items acquired for the seller's use that | 103101 |
| are sold by an auctioneer employed directly by the person for such | 103102 |
| purpose, provided the location of such sales is not the | 103103 |
| auctioneer's permanent place of business. As used in this | 103104 |
| division, "permanent place of business" includes any location | 103105 |
| where such auctioneer has conducted more than two auctions during | 103106 |
| the year. | 103107 |
| (M) "Hotel" means every establishment kept, used, maintained, | 103108 |
| advertised, or held out to the public to be a place where sleeping | 103109 |
| accommodations are offered to guests, in which five or more rooms | 103110 |
| are used for the accommodation of such guests, whether the rooms | 103111 |
| are in one or several structures, except as otherwise provided in | 103112 |
| division (G) of section 5739.09 of the Revised Code. | 103113 |
| (N) "Transient guests" means persons occupying a room or | 103114 |
| rooms for sleeping accommodations for less than thirty consecutive | 103115 |
| days. | 103116 |
| (O) "Making retail sales" means the effecting of transactions | 103117 |
| wherein one party is obligated to pay the price and the other | 103118 |
| party is obligated to provide a service or to transfer title to or | 103119 |
| possession of the item sold. "Making retail sales" does not | 103120 |
| include the preliminary acts of promoting or soliciting the retail | 103121 |
| sales, other than the distribution of printed matter which | 103122 |
| displays or describes and prices the item offered for sale, nor | 103123 |
| does it include delivery of a predetermined quantity of tangible | 103124 |
| personal property or transportation of property or personnel to or | 103125 |
| from a place where a service is performed, regardless of whether | 103126 |
| the vendor is a delivery vendor. | 103127 |
| (P) "Used directly in the rendition of a public utility | 103128 |
| service" means that property that is to be incorporated into and | 103129 |
| will become a part of the consumer's production, transmission, | 103130 |
| transportation, or distribution system and that retains its | 103131 |
| classification as tangible personal property after such | 103132 |
| incorporation; fuel or power used in the production, transmission, | 103133 |
| transportation, or distribution system; and tangible personal | 103134 |
| property used in the repair and maintenance of the production, | 103135 |
| transmission, transportation, or distribution system, including | 103136 |
| only such motor vehicles as are specially designed and equipped | 103137 |
| for such use. Tangible personal property and services used | 103138 |
| primarily in providing highway transportation for hire are not | 103139 |
| used directly in the rendition of a public utility service. In | 103140 |
| this definition, "public utility" includes a citizen of the United | 103141 |
| States holding, and required to hold, a certificate of public | 103142 |
| convenience and necessity issued under 49 U.S.C. 41102. | 103143 |
| (Q) "Refining" means removing or separating a desirable | 103144 |
| product from raw or contaminated materials by distillation or | 103145 |
| physical, mechanical, or chemical processes. | 103146 |
| (R) "Assembly" and "assembling" mean attaching or fitting | 103147 |
| together parts to form a product, but do not include packaging a | 103148 |
| product. | 103149 |
| (S) "Manufacturing operation" means a process in which | 103150 |
| materials are changed, converted, or transformed into a different | 103151 |
| state or form from which they previously existed and includes | 103152 |
| refining materials, assembling parts, and preparing raw materials | 103153 |
| and parts by mixing, measuring, blending, or otherwise committing | 103154 |
| such materials or parts to the manufacturing process. | 103155 |
| "Manufacturing operation" does not include packaging. | 103156 |
| (T) "Fiscal officer" means, with respect to a regional | 103157 |
| transit authority, the secretary-treasurer thereof, and with | 103158 |
| respect to a county that is a transit authority, the fiscal | 103159 |
| officer of the county transit board if one is appointed pursuant | 103160 |
| to section 306.03 of the Revised Code or the county auditor if the | 103161 |
| board of county commissioners operates the county transit system. | 103162 |
| (U) "Transit authority" means a regional transit authority | 103163 |
| created pursuant to section 306.31 of the Revised Code or a county | 103164 |
| in which a county transit system is created pursuant to section | 103165 |
| 306.01 of the Revised Code. For the purposes of this chapter, a | 103166 |
| transit authority must extend to at least the entire area of a | 103167 |
| single county. A transit authority that includes territory in more | 103168 |
| than one county must include all the area of the most populous | 103169 |
| county that is a part of such transit authority. County population | 103170 |
| shall be measured by the most recent census taken by the United | 103171 |
| States census bureau. | 103172 |
| (V) "Legislative authority" means, with respect to a regional | 103173 |
| transit authority, the board of trustees thereof, and with respect | 103174 |
| to a county that is a transit authority, the board of county | 103175 |
| commissioners. | 103176 |
| (W) "Territory of the transit authority" means all of the | 103177 |
| area included within the territorial boundaries of a transit | 103178 |
| authority as they from time to time exist. Such territorial | 103179 |
| boundaries must at all times include all the area of a single | 103180 |
| county or all the area of the most populous county that is a part | 103181 |
| of such transit authority. County population shall be measured by | 103182 |
| the most recent census taken by the United States census bureau. | 103183 |
| (X) "Providing a service" means providing or furnishing | 103184 |
| anything described in division (B)(3) of this section for | 103185 |
| consideration. | 103186 |
| (Y)(1)(a) "Automatic data processing" means processing of | 103187 |
| others' data, including keypunching or similar data entry services | 103188 |
| together with verification thereof, or providing access to | 103189 |
| computer equipment for the purpose of processing data. | 103190 |
| (b) "Computer services" means providing services consisting | 103191 |
| of specifying computer hardware configurations and evaluating | 103192 |
| technical processing characteristics, computer programming, and | 103193 |
| training of computer programmers and operators, provided in | 103194 |
| conjunction with and to support the sale, lease, or operation of | 103195 |
| taxable computer equipment or systems. | 103196 |
| (c) "Electronic information services" means providing access | 103197 |
| to computer equipment by means of telecommunications equipment for | 103198 |
| the purpose of either of the following: | 103199 |
| (i) Examining or acquiring data stored in or accessible to | 103200 |
| the computer equipment; | 103201 |
| (ii) Placing data into the computer equipment to be retrieved | 103202 |
| by designated recipients with access to the computer equipment. | 103203 |
| For transactions occurring on or after the effective date of | 103204 |
| the amendment of this section by H.B. 157 of the 127th general | 103205 |
| assembly, December 21, 2007, "electronic information services" | 103206 |
| does not include electronic publishing as defined in division | 103207 |
| (LLL) of this section. | 103208 |
| (d) "Automatic data processing, computer services, or | 103209 |
| electronic information services" shall not include personal or | 103210 |
| professional services. | 103211 |
| (2) As used in divisions (B)(3)(e) and (Y)(1) of this | 103212 |
| section, "personal and professional services" means all services | 103213 |
| other than automatic data processing, computer services, or | 103214 |
| electronic information services, including but not limited to: | 103215 |
| (a) Accounting and legal services such as advice on tax | 103216 |
| matters, asset management, budgetary matters, quality control, | 103217 |
| information security, and auditing and any other situation where | 103218 |
| the service provider receives data or information and studies, | 103219 |
| alters, analyzes, interprets, or adjusts such material; | 103220 |
| (b) Analyzing business policies and procedures; | 103221 |
| (c) Identifying management information needs; | 103222 |
| (d) Feasibility studies, including economic and technical | 103223 |
| analysis of existing or potential computer hardware or software | 103224 |
| needs and alternatives; | 103225 |
| (e) Designing policies, procedures, and custom software for | 103226 |
| collecting business information, and determining how data should | 103227 |
| be summarized, sequenced, formatted, processed, controlled, and | 103228 |
| reported so that it will be meaningful to management; | 103229 |
| (f) Developing policies and procedures that document how | 103230 |
| business events and transactions are to be authorized, executed, | 103231 |
| and controlled; | 103232 |
| (g) Testing of business procedures; | 103233 |
| (h) Training personnel in business procedure applications; | 103234 |
| (i) Providing credit information to users of such information | 103235 |
| by a consumer reporting agency, as defined in the "Fair Credit | 103236 |
| Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or | 103237 |
| as hereafter amended, including but not limited to gathering, | 103238 |
| organizing, analyzing, recording, and furnishing such information | 103239 |
| by any oral, written, graphic, or electronic medium; | 103240 |
| (j) Providing debt collection services by any oral, written, | 103241 |
| graphic, or electronic means. | 103242 |
| The services listed in divisions (Y)(2)(a) to (j) of this | 103243 |
| section are not automatic data processing or computer services. | 103244 |
| (Z) "Highway transportation for hire" means the | 103245 |
| transportation of personal property belonging to others for | 103246 |
| consideration by any of the following: | 103247 |
| (1) The holder of a permit or certificate issued by this | 103248 |
| state or the United States authorizing the holder to engage in | 103249 |
| transportation of personal property belonging to others for | 103250 |
| consideration over or on highways, roadways, streets, or any | 103251 |
| similar public thoroughfare; | 103252 |
| (2) A person who engages in the transportation of personal | 103253 |
| property belonging to others for consideration over or on | 103254 |
| highways, roadways, streets, or any similar public thoroughfare | 103255 |
| but who could not have engaged in such transportation on December | 103256 |
| 11, 1985, unless the person was the holder of a permit or | 103257 |
| certificate of the types described in division (Z)(1) of this | 103258 |
| section; | 103259 |
| (3) A person who leases a motor vehicle to and operates it | 103260 |
| for a person described by division (Z)(1) or (2) of this section. | 103261 |
| (AA)(1) "Telecommunications service" means the electronic | 103262 |
| transmission, conveyance, or routing of voice, data, audio, video, | 103263 |
| or any other information or signals to a point, or between or | 103264 |
| among points. "Telecommunications service" includes such | 103265 |
| transmission, conveyance, or routing in which computer processing | 103266 |
| applications are used to act on the form, code, or protocol of the | 103267 |
| content for purposes of transmission, conveyance, or routing | 103268 |
| without regard to whether the service is referred to as voice-over | 103269 |
| internet protocol service or is classified by the federal | 103270 |
| communications commission as enhanced or value-added. | 103271 |
| "Telecommunications service" does not include any of the | 103272 |
| following: | 103273 |
| (a) Data processing and information services that allow data | 103274 |
| to be generated, acquired, stored, processed, or retrieved and | 103275 |
| delivered by an electronic transmission to a consumer where the | 103276 |
| consumer's primary purpose for the underlying transaction is the | 103277 |
| processed data or information; | 103278 |
| (b) Installation or maintenance of wiring or equipment on a | 103279 |
| customer's premises; | 103280 |
| (c) Tangible personal property; | 103281 |
| (d) Advertising, including directory advertising; | 103282 |
| (e) Billing and collection services provided to third | 103283 |
| parties; | 103284 |
| (f) Internet access service; | 103285 |
| (g) Radio and television audio and video programming | 103286 |
| services, regardless of the medium, including the furnishing of | 103287 |
| transmission, conveyance, and routing of such services by the | 103288 |
| programming service provider. Radio and television audio and video | 103289 |
| programming services include, but are not limited to, cable | 103290 |
| service, as defined in 47 U.S.C. 522(6), and audio and video | 103291 |
| programming services delivered by commercial mobile radio service | 103292 |
| providers, as defined in 47 C.F.R. 20.3; | 103293 |
| (h) Ancillary service; | 103294 |
| (i) Digital products delivered electronically, including | 103295 |
| software, music, video, reading materials, or ring tones. | 103296 |
| (2) "Ancillary service" means a service that is associated | 103297 |
| with or incidental to the provision of telecommunications service, | 103298 |
| including conference bridging service, detailed telecommunications | 103299 |
| billing service, directory assistance, vertical service, and voice | 103300 |
| mail service. As used in this division: | 103301 |
| (a) "Conference bridging service" means an ancillary service | 103302 |
| that links two or more participants of an audio or video | 103303 |
| conference call, including providing a telephone number. | 103304 |
| "Conference bridging service" does not include telecommunications | 103305 |
| services used to reach the conference bridge. | 103306 |
| (b) "Detailed telecommunications billing service" means an | 103307 |
| ancillary service of separately stating information pertaining to | 103308 |
| individual calls on a customer's billing statement. | 103309 |
| (c) "Directory assistance" means an ancillary service of | 103310 |
| providing telephone number or address information. | 103311 |
| (d) "Vertical service" means an ancillary service that is | 103312 |
| offered in connection with one or more telecommunications | 103313 |
| services, which offers advanced calling features that allow | 103314 |
| customers to identify callers and manage multiple calls and call | 103315 |
| connections, including conference bridging service. | 103316 |
| (e) "Voice mail service" means an ancillary service that | 103317 |
| enables the customer to store, send, or receive recorded messages. | 103318 |
| "Voice mail service" does not include any vertical services that | 103319 |
| the customer may be required to have in order to utilize the voice | 103320 |
| mail service. | 103321 |
| (3) "900 service" means an inbound toll telecommunications | 103322 |
| service purchased by a subscriber that allows the subscriber's | 103323 |
| customers to call in to the subscriber's prerecorded announcement | 103324 |
| or live service, and which is typically marketed under the name | 103325 |
| "900" service and any subsequent numbers designated by the federal | 103326 |
| communications commission. "900 service" does not include the | 103327 |
| charge for collection services provided by the seller of the | 103328 |
| telecommunications service to the subscriber, or services or | 103329 |
| products sold by the subscriber to the subscriber's customer. | 103330 |
| (4) "Prepaid calling service" means the right to access | 103331 |
| exclusively telecommunications services, which must be paid for in | 103332 |
| advance and which enables the origination of calls using an access | 103333 |
| number or authorization code, whether manually or electronically | 103334 |
| dialed, and that is sold in predetermined units of dollars of | 103335 |
| which the number declines with use in a known amount. | 103336 |
| (5) "Prepaid wireless calling service" means a | 103337 |
| telecommunications service that provides the right to utilize | 103338 |
| mobile telecommunications service as well as other | 103339 |
| non-telecommunications services, including the download of digital | 103340 |
| products delivered electronically, and content and ancillary | 103341 |
| services, that must be paid for in advance and that is sold in | 103342 |
| predetermined units of dollars of which the number declines with | 103343 |
| use in a known amount. | 103344 |
| (6) "Value-added non-voice data service" means a | 103345 |
| telecommunications service in which computer processing | 103346 |
| applications are used to act on the form, content, code, or | 103347 |
| protocol of the information or data primarily for a purpose other | 103348 |
| than transmission, conveyance, or routing. | 103349 |
| (7) "Coin-operated telephone service" means a | 103350 |
| telecommunications service paid for by inserting money into a | 103351 |
| telephone accepting direct deposits of money to operate. | 103352 |
| (8) "Customer" has the same meaning as in section 5739.034 of | 103353 |
| the Revised Code. | 103354 |
| (BB) "Laundry and dry cleaning services" means removing soil | 103355 |
| or dirt from towels, linens, articles of clothing, or other fabric | 103356 |
| items that belong to others and supplying towels, linens, articles | 103357 |
| of clothing, or other fabric items. "Laundry and dry cleaning | 103358 |
| services" does not include the provision of self-service | 103359 |
| facilities for use by consumers to remove soil or dirt from | 103360 |
| towels, linens, articles of clothing, or other fabric items. | 103361 |
| (CC) "Magazines distributed as controlled circulation | 103362 |
| publications" means magazines containing at least twenty-four | 103363 |
| pages, at least twenty-five per cent editorial content, issued at | 103364 |
| regular intervals four or more times a year, and circulated | 103365 |
| without charge to the recipient, provided that such magazines are | 103366 |
| not owned or controlled by individuals or business concerns which | 103367 |
| conduct such publications as an auxiliary to, and essentially for | 103368 |
| the advancement of the main business or calling of, those who own | 103369 |
| or control them. | 103370 |
| (DD) "Landscaping and lawn care service" means the services | 103371 |
| of planting, seeding, sodding, removing, cutting, trimming, | 103372 |
| pruning, mulching, aerating, applying chemicals, watering, | 103373 |
| fertilizing, and providing similar services to establish, promote, | 103374 |
| or control the growth of trees, shrubs, flowers, grass, ground | 103375 |
| cover, and other flora, or otherwise maintaining a lawn or | 103376 |
| landscape grown or maintained by the owner for ornamentation or | 103377 |
| other nonagricultural purpose. However, "landscaping and lawn care | 103378 |
| service" does not include the providing of such services by a | 103379 |
| person who has less than five thousand dollars in sales of such | 103380 |
| services during the calendar year. | 103381 |
| (EE) "Private investigation and security service" means the | 103382 |
| performance of any activity for which the provider of such service | 103383 |
| is required to be licensed pursuant to Chapter 4749. of the | 103384 |
| Revised Code, or would be required to be so licensed in performing | 103385 |
| such services in this state, and also includes the services of | 103386 |
| conducting polygraph examinations and of monitoring or overseeing | 103387 |
| the activities on or in, or the condition of, the consumer's home, | 103388 |
| business, or other facility by means of electronic or similar | 103389 |
| monitoring devices. "Private investigation and security service" | 103390 |
| does not include special duty services provided by off-duty police | 103391 |
| officers, deputy sheriffs, and other peace officers regularly | 103392 |
| employed by the state or a political subdivision. | 103393 |
| (FF) "Information services" means providing conversation, | 103394 |
| giving consultation or advice, playing or making a voice or other | 103395 |
| recording, making or keeping a record of the number of callers, | 103396 |
| and any other service provided to a consumer by means of a nine | 103397 |
| hundred telephone call, except when the nine hundred telephone | 103398 |
| call is the means by which the consumer makes a contribution to a | 103399 |
| recognized charity. | 103400 |
| (GG) "Research and development" means designing, creating, or | 103401 |
| formulating new or enhanced products, equipment, or manufacturing | 103402 |
| processes, and also means conducting scientific or technological | 103403 |
| inquiry and experimentation in the physical sciences with the goal | 103404 |
| of increasing scientific knowledge which may reveal the bases for | 103405 |
| new or enhanced products, equipment, or manufacturing processes. | 103406 |
| (HH) "Qualified research and development equipment" means | 103407 |
| capitalized tangible personal property, and leased personal | 103408 |
| property that would be capitalized if purchased, used by a person | 103409 |
| primarily to perform research and development. Tangible personal | 103410 |
| property primarily used in testing, as defined in division (A)(4) | 103411 |
| of section 5739.011 of the Revised Code, or used for recording or | 103412 |
| storing test results, is not qualified research and development | 103413 |
| equipment unless such property is primarily used by the consumer | 103414 |
| in testing the product, equipment, or manufacturing process being | 103415 |
| created, designed, or formulated by the consumer in the research | 103416 |
| and development activity or in recording or storing such test | 103417 |
| results. | 103418 |
| (II) "Building maintenance and janitorial service" means | 103419 |
| cleaning the interior or exterior of a building and any tangible | 103420 |
| personal property located therein or thereon, including any | 103421 |
| services incidental to such cleaning for which no separate charge | 103422 |
| is made. However, "building maintenance and janitorial service" | 103423 |
| does not include the providing of such service by a person who has | 103424 |
| less than five thousand dollars in sales of such service during | 103425 |
| the calendar year. | 103426 |
| (JJ) "Employment service" means providing or supplying | 103427 |
| personnel, on a temporary or long-term basis, to perform work or | 103428 |
| labor under the supervision or control of another, when the | 103429 |
| personnel so provided or supplied receive their wages, salary, or | 103430 |
| other compensation from the provider or supplier of the employment | 103431 |
| service or from a third party that provided or supplied the | 103432 |
| personnel to the provider or supplier. "Employment service" does | 103433 |
| not include: | 103434 |
| (1) Acting as a contractor or subcontractor, where the | 103435 |
| personnel performing the work are not under the direct control of | 103436 |
| the purchaser. | 103437 |
| (2) Medical and health care services. | 103438 |
| (3) Supplying personnel to a purchaser pursuant to a contract | 103439 |
| of at least one year between the service provider and the | 103440 |
| purchaser that specifies that each employee covered under the | 103441 |
| contract is assigned to the purchaser on a permanent basis. | 103442 |
| (4) Transactions between members of an affiliated group, as | 103443 |
| defined in division (B)(3)(e) of this section. | 103444 |
| (5) Transactions where the personnel so provided or supplied | 103445 |
| by a provider or supplier to a purchaser of an employment service | 103446 |
| are then provided or supplied by that purchaser to a third party | 103447 |
| as an employment service, except "employment service" does include | 103448 |
| the transaction between that purchaser and the third party. | 103449 |
| (KK) "Employment placement service" means locating or finding | 103450 |
| employment for a person or finding or locating an employee to fill | 103451 |
| an available position. | 103452 |
| (LL) "Exterminating service" means eradicating or attempting | 103453 |
| to eradicate vermin infestations from a building or structure, or | 103454 |
| the area surrounding a building or structure, and includes | 103455 |
| activities to inspect, detect, or prevent vermin infestation of a | 103456 |
| building or structure. | 103457 |
| (MM) "Physical fitness facility service" means all | 103458 |
| transactions by which a membership is granted, maintained, or | 103459 |
| renewed, including initiation fees, membership dues, renewal fees, | 103460 |
| monthly minimum fees, and other similar fees and dues, by a | 103461 |
| physical fitness facility such as an athletic club, health spa, or | 103462 |
| gymnasium, which entitles the member to use the facility for | 103463 |
| physical exercise. | 103464 |
| (NN) "Recreation and sports club service" means all | 103465 |
| transactions by which a membership is granted, maintained, or | 103466 |
| renewed, including initiation fees, membership dues, renewal fees, | 103467 |
| monthly minimum fees, and other similar fees and dues, by a | 103468 |
| recreation and sports club, which entitles the member to use the | 103469 |
| facilities of the organization. "Recreation and sports club" means | 103470 |
| an organization that has ownership of, or controls or leases on a | 103471 |
| continuing, long-term basis, the facilities used by its members | 103472 |
| and includes an aviation club, gun or shooting club, yacht club, | 103473 |
| card club, swimming club, tennis club, golf club, country club, | 103474 |
| riding club, amateur sports club, or similar organization. | 103475 |
| (OO) "Livestock" means farm animals commonly raised for food | 103476 |
| or food production, and includes but is not limited to cattle, | 103477 |
| sheep, goats, swine, and poultry. "Livestock" does not include | 103478 |
| invertebrates, fish, amphibians, reptiles, horses, domestic pets, | 103479 |
| animals for use in laboratories or for exhibition, or other | 103480 |
| animals not commonly raised for food or food production. | 103481 |
| (PP) "Livestock structure" means a building or structure used | 103482 |
| exclusively for the housing, raising, feeding, or sheltering of | 103483 |
| livestock, and includes feed storage or handling structures and | 103484 |
| structures for livestock waste handling. | 103485 |
| (QQ) "Horticulture" means the growing, cultivation, and | 103486 |
| production of flowers, fruits, herbs, vegetables, sod, mushrooms, | 103487 |
| and nursery stock. As used in this division, "nursery stock" has | 103488 |
| the same meaning as in section 927.51 of the Revised Code. | 103489 |
| (RR) "Horticulture structure" means a building or structure | 103490 |
| used exclusively for the commercial growing, raising, or | 103491 |
| overwintering of horticultural products, and includes the area | 103492 |
| used for stocking, storing, and packing horticultural products | 103493 |
| when done in conjunction with the production of those products. | 103494 |
| (SS) "Newspaper" means an unbound publication bearing a title | 103495 |
| or name that is regularly published, at least as frequently as | 103496 |
| biweekly, and distributed from a fixed place of business to the | 103497 |
| public in a specific geographic area, and that contains a | 103498 |
| substantial amount of news matter of international, national, or | 103499 |
| local events of interest to the general public. | 103500 |
| (TT) "Professional racing team" means a person that employs | 103501 |
| at least twenty full-time employees for the purpose of conducting | 103502 |
| a motor vehicle racing business for profit. The person must | 103503 |
| conduct the business with the purpose of racing one or more motor | 103504 |
| racing vehicles in at least ten competitive professional racing | 103505 |
| events each year that comprise all or part of a motor racing | 103506 |
| series sanctioned by one or more motor racing sanctioning | 103507 |
| organizations. A "motor racing vehicle" means a vehicle for which | 103508 |
| the chassis, engine, and parts are designed exclusively for motor | 103509 |
| racing, and does not include a stock or production model vehicle | 103510 |
| that may be modified for use in racing. For the purposes of this | 103511 |
| division: | 103512 |
| (1) A "competitive professional racing event" is a motor | 103513 |
| vehicle racing event sanctioned by one or more motor racing | 103514 |
| sanctioning organizations, at which aggregate cash prizes in | 103515 |
| excess of eight hundred thousand dollars are awarded to the | 103516 |
| competitors. | 103517 |
| (2) "Full-time employee" means an individual who is employed | 103518 |
| for consideration for thirty-five or more hours a week, or who | 103519 |
| renders any other standard of service generally accepted by custom | 103520 |
| or specified by contract as full-time employment. | 103521 |
| (UU)(1) "Lease" or "rental" means any transfer of the | 103522 |
| possession or control of tangible personal property for a fixed or | 103523 |
| indefinite term, for consideration. "Lease" or "rental" includes | 103524 |
| future options to purchase or extend, and agreements described in | 103525 |
| 26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where | 103526 |
| the amount of consideration may be increased or decreased by | 103527 |
| reference to the amount realized upon the sale or disposition of | 103528 |
| the property. "Lease" or "rental" does not include: | 103529 |
| (a) A transfer of possession or control of tangible personal | 103530 |
| property under a security agreement or a deferred payment plan | 103531 |
| that requires the transfer of title upon completion of the | 103532 |
| required payments; | 103533 |
| (b) A transfer of possession or control of tangible personal | 103534 |
| property under an agreement that requires the transfer of title | 103535 |
| upon completion of required payments and payment of an option | 103536 |
| price that does not exceed the greater of one hundred dollars or | 103537 |
| one per cent of the total required payments; | 103538 |
| (c) Providing tangible personal property along with an | 103539 |
| operator for a fixed or indefinite period of time, if the operator | 103540 |
| is necessary for the property to perform as designed. For purposes | 103541 |
| of this division, the operator must do more than maintain, | 103542 |
| inspect, or set-up the tangible personal property. | 103543 |
| (2) "Lease" and "rental," as defined in division (UU) of this | 103544 |
| section, shall not apply to leases or rentals that exist before | 103545 |
| June 26, 2003. | 103546 |
| (3) "Lease" and "rental" have the same meaning as in division | 103547 |
| (UU)(1) of this section regardless of whether a transaction is | 103548 |
| characterized as a lease or rental under generally accepted | 103549 |
| accounting principles, the Internal Revenue Code, Title XIII of | 103550 |
| the Revised Code, or other federal, state, or local laws. | 103551 |
| (VV) "Mobile telecommunications service" has the same meaning | 103552 |
| as in the "Mobile Telecommunications Sourcing Act," Pub. L. No. | 103553 |
| 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and, | 103554 |
| on and after August 1, 2003, includes related fees and ancillary | 103555 |
| services, including universal service fees, detailed billing | 103556 |
| service, directory assistance, service initiation, voice mail | 103557 |
| service, and vertical services, such as caller ID and three-way | 103558 |
| calling. | 103559 |
| (WW) "Certified service provider" has the same meaning as in | 103560 |
| section 5740.01 of the Revised Code. | 103561 |
| (XX) "Satellite broadcasting service" means the distribution | 103562 |
| or broadcasting of programming or services by satellite directly | 103563 |
| to the subscriber's receiving equipment without the use of ground | 103564 |
| receiving or distribution equipment, except the subscriber's | 103565 |
| receiving equipment or equipment used in the uplink process to the | 103566 |
| satellite, and includes all service and rental charges, premium | 103567 |
| channels or other special services, installation and repair | 103568 |
| service charges, and any other charges having any connection with | 103569 |
| the provision of the satellite broadcasting service. | 103570 |
| (YY) "Tangible personal property" means personal property | 103571 |
| that can be seen, weighed, measured, felt, or touched, or that is | 103572 |
| in any other manner perceptible to the senses. For purposes of | 103573 |
| this chapter and Chapter 5741. of the Revised Code, "tangible | 103574 |
| personal property" includes motor vehicles, electricity, water, | 103575 |
| gas, steam, and prewritten computer software. | 103576 |
| (ZZ) "Direct mail" means printed material delivered or | 103577 |
| distributed by United States mail or other delivery service to a | 103578 |
| mass audience or to addressees on a mailing list provided by the | 103579 |
| consumer or at the direction of the consumer when the cost of the | 103580 |
| items are not billed directly to the recipients. "Direct mail" | 103581 |
| includes tangible personal property supplied directly or | 103582 |
| indirectly by the consumer to the direct mail vendor for inclusion | 103583 |
| in the package containing the printed material. "Direct mail" does | 103584 |
| not include multiple items of printed material delivered to a | 103585 |
| single address. | 103586 |
| (AAA) "Computer" means an electronic device that accepts | 103587 |
| information in digital or similar form and manipulates it for a | 103588 |
| result based on a sequence of instructions. | 103589 |
| (BBB) "Computer software" means a set of coded instructions | 103590 |
| designed to cause a computer or automatic data processing | 103591 |
| equipment to perform a task. | 103592 |
| (CCC) "Delivered electronically" means delivery of computer | 103593 |
| software from the seller to the purchaser by means other than | 103594 |
| tangible storage media. | 103595 |
| (DDD) "Prewritten computer software" means computer software, | 103596 |
| including prewritten upgrades, that is not designed and developed | 103597 |
| by the author or other creator to the specifications of a specific | 103598 |
| purchaser. The combining of two or more prewritten computer | 103599 |
| software programs or prewritten portions thereof does not cause | 103600 |
| the combination to be other than prewritten computer software. | 103601 |
| "Prewritten computer software" includes software designed and | 103602 |
| developed by the author or other creator to the specifications of | 103603 |
| a specific purchaser when it is sold to a person other than the | 103604 |
| purchaser. If a person modifies or enhances computer software of | 103605 |
| which the person is not the author or creator, the person shall be | 103606 |
| deemed to be the author or creator only of such person's | 103607 |
| modifications or enhancements. Prewritten computer software or a | 103608 |
| prewritten portion thereof that is modified or enhanced to any | 103609 |
| degree, where such modification or enhancement is designed and | 103610 |
| developed to the specifications of a specific purchaser, remains | 103611 |
| prewritten computer software; provided, however, that where there | 103612 |
| is a reasonable, separately stated charge or an invoice or other | 103613 |
| statement of the price given to the purchaser for the modification | 103614 |
| or enhancement, the modification or enhancement shall not | 103615 |
| constitute prewritten computer software. | 103616 |
| (EEE)(1) "Food" means substances, whether in liquid, | 103617 |
| concentrated, solid, frozen, dried, or dehydrated form, that are | 103618 |
| sold for ingestion or chewing by humans and are consumed for their | 103619 |
| taste or nutritional value. "Food" does not include alcoholic | 103620 |
| beverages, dietary supplements, soft drinks, or tobacco. | 103621 |
| (2) As used in division (EEE)(1) of this section: | 103622 |
| (a) "Alcoholic beverages" means beverages that are suitable | 103623 |
| for human consumption and contain one-half of one per cent or more | 103624 |
| of alcohol by volume. | 103625 |
| (b) "Dietary supplements" means any product, other than | 103626 |
| tobacco, that is intended to supplement the diet and that is | 103627 |
| intended for ingestion in tablet, capsule, powder, softgel, | 103628 |
| gelcap, or liquid form, or, if not intended for ingestion in such | 103629 |
| a form, is not represented as conventional food for use as a sole | 103630 |
| item of a meal or of the diet; that is required to be labeled as a | 103631 |
| dietary supplement, identifiable by the "supplement facts" box | 103632 |
| found on the label, as required by 21 C.F.R. 101.36; and that | 103633 |
| contains one or more of the following dietary ingredients: | 103634 |
| (i) A vitamin; | 103635 |
| (ii) A mineral; | 103636 |
| (iii) An herb or other botanical; | 103637 |
| (iv) An amino acid; | 103638 |
| (v) A dietary substance for use by humans to supplement the | 103639 |
| diet by increasing the total dietary intake; | 103640 |
| (vi) A concentrate, metabolite, constituent, extract, or | 103641 |
| combination of any ingredient described in divisions | 103642 |
| (EEE)(2)(b)(i) to (v) of this section. | 103643 |
| (c) "Soft drinks" means nonalcoholic beverages that contain | 103644 |
| natural or artificial sweeteners. "Soft drinks" does not include | 103645 |
| beverages that contain milk or milk products, soy, rice, or | 103646 |
| similar milk substitutes, or that contains greater than fifty per | 103647 |
| cent vegetable or fruit juice by volume. | 103648 |
| (d) "Tobacco" means cigarettes, cigars, chewing or pipe | 103649 |
| tobacco, or any other item that contains tobacco. | 103650 |
| (FFF) "Drug" means a compound, substance, or preparation, and | 103651 |
| any component of a compound, substance, or preparation, other than | 103652 |
| food, dietary supplements, or alcoholic beverages that is | 103653 |
| recognized in the official United States pharmacopoeia, official | 103654 |
| homeopathic pharmacopoeia of the United States, or official | 103655 |
| national formulary, and supplements to them; is intended for use | 103656 |
| in the diagnosis, cure, mitigation, treatment, or prevention of | 103657 |
| disease; or is intended to affect the structure or any function of | 103658 |
| the body. | 103659 |
| (GGG) "Prescription" means an order, formula, or recipe | 103660 |
| issued in any form of oral, written, electronic, or other means of | 103661 |
| transmission by a duly licensed practitioner authorized by the | 103662 |
| laws of this state to issue a prescription. | 103663 |
| (HHH) "Durable medical equipment" means equipment, including | 103664 |
| repair and replacement parts for such equipment, that can | 103665 |
| withstand repeated use, is primarily and customarily used to serve | 103666 |
| a medical purpose, generally is not useful to a person in the | 103667 |
| absence of illness or injury, and is not worn in or on the body. | 103668 |
| "Durable medical equipment" does not include mobility enhancing | 103669 |
| equipment. | 103670 |
| (III) "Mobility enhancing equipment" means equipment, | 103671 |
| including repair and replacement parts for such equipment, that is | 103672 |
| primarily and customarily used to provide or increase the ability | 103673 |
| to move from one place to another and is appropriate for use | 103674 |
| either in a home or a motor vehicle, that is not generally used by | 103675 |
| persons with normal mobility, and that does not include any motor | 103676 |
| vehicle or equipment on a motor vehicle normally provided by a | 103677 |
| motor vehicle manufacturer. "Mobility enhancing equipment" does | 103678 |
| not include durable medical equipment. | 103679 |
| (JJJ) "Prosthetic device" means a replacement, corrective, or | 103680 |
| supportive device, including repair and replacement parts for the | 103681 |
| device, worn on or in the human body to artificially replace a | 103682 |
| missing portion of the body, prevent or correct physical deformity | 103683 |
| or malfunction, or support a weak or deformed portion of the body. | 103684 |
| As used in this division, "prosthetic device" does not include | 103685 |
| corrective eyeglasses, contact lenses, or dental prosthesis. | 103686 |
| (KKK)(1) "Fractional aircraft ownership program" means a | 103687 |
| program in which persons within an affiliated group sell and | 103688 |
| manage fractional ownership program aircraft, provided that at | 103689 |
| least one hundred airworthy aircraft are operated in the program | 103690 |
| and the program meets all of the following criteria: | 103691 |
| (a) Management services are provided by at least one program | 103692 |
| manager within an affiliated group on behalf of the fractional | 103693 |
| owners. | 103694 |
| (b) Each program aircraft is owned or possessed by at least | 103695 |
| one fractional owner. | 103696 |
| (c) Each fractional owner owns or possesses at least a | 103697 |
| one-sixteenth interest in at least one fixed-wing program | 103698 |
| aircraft. | 103699 |
| (d) A dry-lease aircraft interchange arrangement is in | 103700 |
| effect among all of the fractional owners. | 103701 |
| (e) Multi-year program agreements are in effect regarding the | 103702 |
| fractional ownership, management services, and dry-lease aircraft | 103703 |
| interchange arrangement aspects of the program. | 103704 |
| (2) As used in division (KKK)(1) of this section: | 103705 |
| (a) "Affiliated group" has the same meaning as in division | 103706 |
| (B)(3)(e) of this section. | 103707 |
| (b) "Fractional owner" means a person that owns or possesses | 103708 |
| at least a one-sixteenth interest in a program aircraft and has | 103709 |
| entered into the agreements described in division (KKK)(1)(e) of | 103710 |
| this section. | 103711 |
| (c) "Fractional ownership program aircraft" or "program | 103712 |
| aircraft" means a turbojet aircraft that is owned or possessed by | 103713 |
| a fractional owner and that has been included in a dry-lease | 103714 |
| aircraft interchange arrangement and agreement under divisions | 103715 |
| (KKK)(1)(d) and (e) of this section, or an aircraft a program | 103716 |
| manager owns or possesses primarily for use in a fractional | 103717 |
| aircraft ownership program. | 103718 |
| (d) "Management services" means administrative and aviation | 103719 |
| support services furnished under a fractional aircraft ownership | 103720 |
| program in accordance with a management services agreement under | 103721 |
| division (KKK)(1)(e) of this section, and offered by the program | 103722 |
| manager to the fractional owners, including, at a minimum, the | 103723 |
| establishment and implementation of safety guidelines; the | 103724 |
| coordination of the scheduling of the program aircraft and crews; | 103725 |
| program aircraft maintenance; program aircraft insurance; crew | 103726 |
| training for crews employed, furnished, or contracted by the | 103727 |
| program manager or the fractional owner; the satisfaction of | 103728 |
| record-keeping requirements; and the development and use of an | 103729 |
| operations manual and a maintenance manual for the fractional | 103730 |
| aircraft ownership program. | 103731 |
| (e) "Program manager" means the person that offers management | 103732 |
| services to fractional owners pursuant to a management services | 103733 |
| agreement under division (KKK)(1)(e) of this section. | 103734 |
| (LLL) "Electronic publishing" means providing access to one | 103735 |
| or more of the following primarily for business customers, | 103736 |
| including the federal government or a state government or a | 103737 |
| political subdivision thereof, to conduct research: news; | 103738 |
| business, financial, legal, consumer, or credit materials; | 103739 |
| editorials, columns, reader commentary, or features; photos or | 103740 |
| images; archival or research material; legal notices, identity | 103741 |
| verification, or public records; scientific, educational, | 103742 |
| instructional, technical, professional, trade, or other literary | 103743 |
| materials; or other similar information which has been gathered | 103744 |
| and made available by the provider to the consumer in an | 103745 |
| electronic format. Providing electronic publishing includes the | 103746 |
| functions necessary for the acquisition, formatting, editing, | 103747 |
| storage, and dissemination of data or information that is the | 103748 |
| subject of a sale. | 103749 |
| (MMM) "Medicaid health insuring corporation" means a health | 103750 |
| insuring corporation that holds a certificate of authority under | 103751 |
| Chapter 1751. of the Revised Code and is under contract with the | 103752 |
| department of job and family services pursuant to section 5111.17 | 103753 |
| of the Revised Code. | 103754 |
| (NNN) "Managed care premium" means any premium, capitation, | 103755 |
| or other payment a medicaid health insuring corporation receives | 103756 |
| for providing or arranging for the provision of health care | 103757 |
| services to its members or enrollees residing in this state. | 103758 |
| Sec. 5739.02. For the purpose of providing revenue with | 103759 |
| which to meet the needs of the state, for the use of the general | 103760 |
| revenue fund of the state, for the purpose of securing a thorough | 103761 |
| and efficient system of common schools throughout the state, for | 103762 |
| the purpose of affording revenues, in addition to those from | 103763 |
| general property taxes, permitted under constitutional | 103764 |
| limitations, and from other sources, for the support of local | 103765 |
| governmental functions, and for the purpose of reimbursing the | 103766 |
| state for the expense of administering this chapter, an excise tax | 103767 |
| is hereby levied on each retail sale made in this state. | 103768 |
| (A)(1) The tax shall be collected as provided in section | 103769 |
| 5739.025 of the Revised Code. The rate of the tax shall be five | 103770 |
| and one-half per cent. The tax applies and is collectible when | 103771 |
| the sale is made, regardless of the time when the price is paid | 103772 |
| or delivered. | 103773 |
| (2) In the case of the lease or rental, with a fixed term of | 103774 |
| more than thirty days or an indefinite term with a minimum period | 103775 |
| of more than thirty days, of any motor vehicles designed by the | 103776 |
| manufacturer to carry a load of not more than one ton, watercraft, | 103777 |
| outboard motor, or aircraft, or of any tangible personal property, | 103778 |
| other than motor vehicles designed by the manufacturer to carry a | 103779 |
| load of more than one ton, to be used by the lessee or renter | 103780 |
| primarily for business purposes, the tax shall be collected by the | 103781 |
| vendor at the time the lease or rental is consummated and shall be | 103782 |
| calculated by the vendor on the basis of the total amount to be | 103783 |
| paid by the lessee or renter under the lease agreement. If the | 103784 |
| total amount of the consideration for the lease or rental includes | 103785 |
| amounts that are not calculated at the time the lease or rental is | 103786 |
| executed, the tax shall be calculated and collected by the vendor | 103787 |
| at the time such amounts are billed to the lessee or renter. In | 103788 |
| the case of an open-end lease or rental, the tax shall be | 103789 |
| calculated by the vendor on the basis of the total amount to be | 103790 |
| paid during the initial fixed term of the lease or rental, and for | 103791 |
| each subsequent renewal period as it comes due. As used in this | 103792 |
| division, "motor vehicle" has the same meaning as in section | 103793 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 103794 |
| unit attached to the watercraft. | 103795 |
| A lease with a renewal clause and a termination penalty or | 103796 |
| similar provision that applies if the renewal clause is not | 103797 |
| exercised is presumed to be a sham transaction. In such a case, | 103798 |
| the tax shall be calculated and paid on the basis of the entire | 103799 |
| length of the lease period, including any renewal periods, until | 103800 |
| the termination penalty or similar provision no longer applies. | 103801 |
| The taxpayer shall bear the burden, by a preponderance of the | 103802 |
| evidence, that the transaction or series of transactions is not a | 103803 |
| sham transaction. | 103804 |
| (3) Except as provided in division (A)(2) of this section, in | 103805 |
| the case of a sale, the price of which consists in whole or in | 103806 |
| part of the lease or rental of tangible personal property, the tax | 103807 |
| shall be measured by the installments of that lease or rental. | 103808 |
| (4) In the case of a sale of a physical fitness facility | 103809 |
| service or recreation and sports club service, the price of which | 103810 |
| consists in whole or in part of a membership for the receipt of | 103811 |
| the benefit of the service, the tax applicable to the sale shall | 103812 |
| be measured by the installments thereof. | 103813 |
| (B) The tax does not apply to the following: | 103814 |
| (1) Sales to the state or any of its political subdivisions, | 103815 |
| or to any other state or its political subdivisions if the laws of | 103816 |
| that state exempt from taxation sales made to this state and its | 103817 |
| political subdivisions; | 103818 |
| (2) Sales of food for human consumption off the premises | 103819 |
| where sold; | 103820 |
| (3) Sales of food sold to students only in a cafeteria, | 103821 |
| dormitory, fraternity, or sorority maintained in a private, | 103822 |
| public, or parochial school, college, or university; | 103823 |
| (4) Sales of newspapers and of magazine subscriptions and | 103824 |
| sales or transfers of magazines distributed as controlled | 103825 |
| circulation publications; | 103826 |
| (5) The furnishing, preparing, or serving of meals without | 103827 |
| charge by an employer to an employee provided the employer records | 103828 |
| the meals as part compensation for services performed or work | 103829 |
| done; | 103830 |
| (6) Sales of motor fuel upon receipt, use, distribution, or | 103831 |
| sale of which in this state a tax is imposed by the law of this | 103832 |
| state, but this exemption shall not apply to the sale of motor | 103833 |
| fuel on which a refund of the tax is allowable under division (A) | 103834 |
| of section 5735.14 of the Revised Code; and the tax commissioner | 103835 |
| may deduct the amount of tax levied by this section applicable to | 103836 |
| the price of motor fuel when granting a refund of motor fuel tax | 103837 |
| pursuant to division (A) of section 5735.14 of the Revised Code | 103838 |
| and shall cause the amount deducted to be paid into the general | 103839 |
| revenue fund of this state; | 103840 |
| (7) Sales of natural gas by a natural gas company, of water | 103841 |
| by a water-works company, or of steam by a heating company, if in | 103842 |
| each case the thing sold is delivered to consumers through pipes | 103843 |
| or conduits, and all sales of communications services by a | 103844 |
| telegraph company, all terms as defined in section 5727.01 of the | 103845 |
| Revised Code, and sales of electricity delivered through wires; | 103846 |
| (8) Casual sales by a person, or auctioneer employed directly | 103847 |
| by the person to conduct such sales, except as to such sales of | 103848 |
| motor vehicles, watercraft or outboard motors required to be | 103849 |
| titled under section 1548.06 of the Revised Code, watercraft | 103850 |
| documented with the United States coast guard, snowmobiles, and | 103851 |
| all-purpose vehicles as defined in section 4519.01 of the Revised | 103852 |
| Code; | 103853 |
| (9)(a) Sales of services or tangible personal property, other | 103854 |
| than motor vehicles, mobile homes, and manufactured homes, by | 103855 |
| churches, organizations exempt from taxation under section | 103856 |
| 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit | 103857 |
| organizations operated exclusively for charitable purposes as | 103858 |
| defined in division (B)(12) of this section, provided that the | 103859 |
| number of days on which such tangible personal property or | 103860 |
| services, other than items never subject to the tax, are sold does | 103861 |
| not exceed six in any calendar year, except as otherwise provided | 103862 |
| in division (B)(9)(b) of this section. If the number of days on | 103863 |
| which such sales are made exceeds six in any calendar year, the | 103864 |
| church or organization shall be considered to be engaged in | 103865 |
| business and all subsequent sales by it shall be subject to the | 103866 |
| tax. In counting the number of days, all sales by groups within a | 103867 |
| church or within an organization shall be considered to be sales | 103868 |
| of that church or organization. | 103869 |
| (b) The limitation on the number of days on which tax-exempt | 103870 |
| sales may be made by a church or organization under division | 103871 |
| (B)(9)(a) of this section does not apply to sales made by student | 103872 |
| clubs and other groups of students of a primary or secondary | 103873 |
| school, or a parent-teacher association, booster group, or similar | 103874 |
| organization that raises money to support or fund curricular or | 103875 |
| extracurricular activities of a primary or secondary school. | 103876 |
| (c) Divisions (B)(9)(a) and (b) of this section do not apply | 103877 |
| to sales by a noncommercial educational radio or television | 103878 |
| broadcasting station. | 103879 |
| (10) Sales not within the taxing power of this state under | 103880 |
| the Constitution of the United States; | 103881 |
| (11) Except for transactions that are sales under division | 103882 |
| (B)(3)(r) of section 5739.01 of the Revised Code, the | 103883 |
| transportation of persons or property, unless the transportation | 103884 |
| is by a private investigation and security service; | 103885 |
| (12) Sales of tangible personal property or services to | 103886 |
| churches, to organizations exempt from taxation under section | 103887 |
| 501(c)(3) of the Internal Revenue Code of 1986, and to any other | 103888 |
| nonprofit organizations operated exclusively for charitable | 103889 |
| purposes in this state, no part of the net income of which inures | 103890 |
| to the benefit of any private shareholder or individual, and no | 103891 |
| substantial part of the activities of which consists of carrying | 103892 |
| on propaganda or otherwise attempting to influence legislation; | 103893 |
| sales to offices administering one or more homes for the aged or | 103894 |
| one or more hospital facilities exempt under section 140.08 of the | 103895 |
| Revised Code; and sales to organizations described in division (D) | 103896 |
| of section 5709.12 of the Revised Code. | 103897 |
| "Charitable purposes" means the relief of poverty; the | 103898 |
| improvement of health through the alleviation of illness, disease, | 103899 |
| or injury; the operation of an organization exclusively for the | 103900 |
| provision of professional, laundry, printing, and purchasing | 103901 |
| services to hospitals or charitable institutions; the operation of | 103902 |
| a home for the aged, as defined in section 5701.13 of the Revised | 103903 |
| Code; the operation of a radio or television broadcasting station | 103904 |
| that is licensed by the federal communications commission as a | 103905 |
| noncommercial educational radio or television station; the | 103906 |
| operation of a nonprofit animal adoption service or a county | 103907 |
| humane society; the promotion of education by an institution of | 103908 |
| learning that maintains a faculty of qualified instructors, | 103909 |
| teaches regular continuous courses of study, and confers a | 103910 |
| recognized diploma upon completion of a specific curriculum; the | 103911 |
| operation of a parent-teacher association, booster group, or | 103912 |
| similar organization primarily engaged in the promotion and | 103913 |
| support of the curricular or extracurricular activities of a | 103914 |
| primary or secondary school; the operation of a community or area | 103915 |
| center in which presentations in music, dramatics, the arts, and | 103916 |
| related fields are made in order to foster public interest and | 103917 |
| education therein; the production of performances in music, | 103918 |
| dramatics, and the arts; or the promotion of education by an | 103919 |
| organization engaged in carrying on research in, or the | 103920 |
| dissemination of, scientific and technological knowledge and | 103921 |
| information primarily for the public. | 103922 |
| Nothing in this division shall be deemed to exempt sales to | 103923 |
| any organization for use in the operation or carrying on of a | 103924 |
| trade or business, or sales to a home for the aged for use in the | 103925 |
| operation of independent living facilities as defined in division | 103926 |
| (A) of section 5709.12 of the Revised Code. | 103927 |
| (13) Building and construction materials and services sold to | 103928 |
| construction contractors for incorporation into a structure or | 103929 |
| improvement to real property under a construction contract with | 103930 |
| this state or a political subdivision of this state, or with the | 103931 |
| United States government or any of its agencies; building and | 103932 |
| construction materials and services sold to construction | 103933 |
| contractors for incorporation into a structure or improvement to | 103934 |
| real property that are accepted for ownership by this state or any | 103935 |
| of its political subdivisions, or by the United States government | 103936 |
| or any of its agencies at the time of completion of the structures | 103937 |
| or improvements; building and construction materials sold to | 103938 |
| construction contractors for incorporation into a horticulture | 103939 |
| structure or livestock structure for a person engaged in the | 103940 |
| business of horticulture or producing livestock; building | 103941 |
| materials and services sold to a construction contractor for | 103942 |
| incorporation into a house of public worship or religious | 103943 |
| education, or a building used exclusively for charitable purposes | 103944 |
| under a construction contract with an organization whose purpose | 103945 |
| is as described in division (B)(12) of this section; building | 103946 |
| materials and services sold to a construction contractor for | 103947 |
| incorporation into a building under a construction contract with | 103948 |
| an organization exempt from taxation under section 501(c)(3) of | 103949 |
| the Internal Revenue Code of 1986 when the building is to be used | 103950 |
| exclusively for the organization's exempt purposes; building and | 103951 |
| construction materials sold for incorporation into the original | 103952 |
| construction of a sports facility under section 307.696 of the | 103953 |
| Revised Code; and building and construction materials and services | 103954 |
| sold to a construction contractor for incorporation into real | 103955 |
| property outside this state if such materials and services, when | 103956 |
| sold to a construction contractor in the state in which the real | 103957 |
| property is located for incorporation into real property in that | 103958 |
| state, would be exempt from a tax on sales levied by that state; | 103959 |
| (14) Sales of ships or vessels or rail rolling stock used or | 103960 |
| to be used principally in interstate or foreign commerce, and | 103961 |
| repairs, alterations, fuel, and lubricants for such ships or | 103962 |
| vessels or rail rolling stock; | 103963 |
| (15) Sales to persons primarily engaged in any of the | 103964 |
| activities mentioned in division (B)(42)(a) or (g) of this | 103965 |
| section, to persons engaged in making retail sales, or to persons | 103966 |
| who purchase for sale from a manufacturer tangible personal | 103967 |
| property that was produced by the manufacturer in accordance with | 103968 |
| specific designs provided by the purchaser, of packages, including | 103969 |
| material, labels, and parts for packages, and of machinery, | 103970 |
| equipment, and material for use primarily in packaging tangible | 103971 |
| personal property produced for sale, including any machinery, | 103972 |
| equipment, and supplies used to make labels or packages, to | 103973 |
| prepare packages or products for labeling, or to label packages or | 103974 |
| products, by or on the order of the person doing the packaging, or | 103975 |
| sold at retail. "Packages" includes bags, baskets, cartons, | 103976 |
| crates, boxes, cans, bottles, bindings, wrappings, and other | 103977 |
| similar devices and containers, but does not include motor | 103978 |
| vehicles or bulk tanks, trailers, or similar devices attached to | 103979 |
| motor vehicles. "Packaging" means placing in a package. Division | 103980 |
| (B)(15) of this section does not apply to persons engaged in | 103981 |
| highway transportation for hire. | 103982 |
| (16) Sales of food to persons using | 103983 |
| nutrition assistance program benefits to purchase the food. As | 103984 |
|
used in this division,
"food" has the same
meaning as in | 103985 |
| 103986 | |
| 103987 | |
| Food and Nutrition Act of 2008. | 103988 |
| (17) Sales to persons engaged in farming, agriculture, | 103989 |
| horticulture, or floriculture, of tangible personal property for | 103990 |
| use or consumption directly in the production by farming, | 103991 |
| agriculture, horticulture, or floriculture of other tangible | 103992 |
| personal property for use or consumption directly in the | 103993 |
| production of tangible personal property for sale by farming, | 103994 |
| agriculture, horticulture, or floriculture; or material and parts | 103995 |
| for incorporation into any such tangible personal property for use | 103996 |
| or consumption in production; and of tangible personal property | 103997 |
| for such use or consumption in the conditioning or holding of | 103998 |
| products produced by and for such use, consumption, or sale by | 103999 |
| persons engaged in farming, agriculture, horticulture, or | 104000 |
| floriculture, except where such property is incorporated into real | 104001 |
| property; | 104002 |
| (18) Sales of drugs for a human being that may be dispensed | 104003 |
| only pursuant to a prescription; insulin as recognized in the | 104004 |
| official United States pharmacopoeia; urine and blood testing | 104005 |
| materials when used by diabetics or persons with hypoglycemia to | 104006 |
| test for glucose or acetone; hypodermic syringes and needles when | 104007 |
| used by diabetics for insulin injections; epoetin alfa when | 104008 |
| purchased for use in the treatment of persons with medical | 104009 |
| disease; hospital beds when purchased by hospitals, nursing homes, | 104010 |
| or other medical facilities; and medical oxygen and medical | 104011 |
| oxygen-dispensing equipment when purchased by hospitals, nursing | 104012 |
| homes, or other medical facilities; | 104013 |
| (19) Sales of prosthetic devices, durable medical equipment | 104014 |
| for home use, or mobility enhancing equipment, when made pursuant | 104015 |
| to a prescription and when such devices or equipment are for use | 104016 |
| by a human being. | 104017 |
| (20) Sales of emergency and fire protection vehicles and | 104018 |
| equipment to nonprofit organizations for use solely in providing | 104019 |
| fire protection and emergency services, including trauma care and | 104020 |
| emergency medical services, for political subdivisions of the | 104021 |
| state; | 104022 |
| (21) Sales of tangible personal property manufactured in this | 104023 |
| state, if sold by the manufacturer in this state to a retailer for | 104024 |
| use in the retail business of the retailer outside of this state | 104025 |
| and if possession is taken from the manufacturer by the purchaser | 104026 |
| within this state for the sole purpose of immediately removing the | 104027 |
| same from this state in a vehicle owned by the purchaser; | 104028 |
| (22) Sales of services provided by the state or any of its | 104029 |
| political subdivisions, agencies, instrumentalities, institutions, | 104030 |
| or authorities, or by governmental entities of the state or any of | 104031 |
| its political subdivisions, agencies, instrumentalities, | 104032 |
| institutions, or authorities; | 104033 |
| (23) Sales of motor vehicles to nonresidents of this state | 104034 |
| under the circumstances described in division (B) of section | 104035 |
| 5739.029 of the Revised Code; | 104036 |
| (24) Sales to persons engaged in the preparation of eggs for | 104037 |
| sale of tangible personal property used or consumed directly in | 104038 |
| such preparation, including such tangible personal property used | 104039 |
| for cleaning, sanitizing, preserving, grading, sorting, and | 104040 |
| classifying by size; packages, including material and parts for | 104041 |
| packages, and machinery, equipment, and material for use in | 104042 |
| packaging eggs for sale; and handling and transportation equipment | 104043 |
| and parts therefor, except motor vehicles licensed to operate on | 104044 |
| public highways, used in intraplant or interplant transfers or | 104045 |
| shipment of eggs in the process of preparation for sale, when the | 104046 |
| plant or plants within or between which such transfers or | 104047 |
| shipments occur are operated by the same person. "Packages" | 104048 |
| includes containers, cases, baskets, flats, fillers, filler flats, | 104049 |
| cartons, closure materials, labels, and labeling materials, and | 104050 |
| "packaging" means placing therein. | 104051 |
| (25)(a) Sales of water to a consumer for residential use, | 104052 |
| except the sale of bottled water, distilled water, mineral water, | 104053 |
| carbonated water, or ice; | 104054 |
| (b) Sales of water by a nonprofit corporation engaged | 104055 |
| exclusively in the treatment, distribution, and sale of water to | 104056 |
| consumers, if such water is delivered to consumers through pipes | 104057 |
| or tubing. | 104058 |
| (26) Fees charged for inspection or reinspection of motor | 104059 |
| vehicles under section 3704.14 of the Revised Code; | 104060 |
| (27) Sales to persons licensed to conduct a food service | 104061 |
| operation pursuant to section 3717.43 of the Revised Code, of | 104062 |
| tangible personal property primarily used directly for the | 104063 |
| following: | 104064 |
| (a) To prepare food for human consumption for sale; | 104065 |
| (b) To preserve food that has been or will be prepared for | 104066 |
| human consumption for sale by the food service operator, not | 104067 |
| including tangible personal property used to display food for | 104068 |
| selection by the consumer; | 104069 |
| (c) To clean tangible personal property used to prepare or | 104070 |
| serve food for human consumption for sale. | 104071 |
| (28) Sales of animals by nonprofit animal adoption services | 104072 |
| or county humane societies; | 104073 |
| (29) Sales of services to a corporation described in division | 104074 |
| (A) of section 5709.72 of the Revised Code, and sales of tangible | 104075 |
| personal property that qualifies for exemption from taxation under | 104076 |
| section 5709.72 of the Revised Code; | 104077 |
| (30) Sales and installation of agricultural land tile, as | 104078 |
| defined in division (B)(5)(a) of section 5739.01 of the Revised | 104079 |
| Code; | 104080 |
| (31) Sales and erection or installation of portable grain | 104081 |
| bins, as defined in division (B)(5)(b) of section 5739.01 of the | 104082 |
| Revised Code; | 104083 |
| (32) The sale, lease, repair, and maintenance of, parts for, | 104084 |
| or items attached to or incorporated in, motor vehicles that are | 104085 |
| primarily used for transporting tangible personal property | 104086 |
| belonging to others by a person engaged in highway transportation | 104087 |
| for hire, except for packages and packaging used for the | 104088 |
| transportation of tangible personal property; | 104089 |
| (33) Sales to the state headquarters of any veterans' | 104090 |
| organization in this state that is either incorporated and issued | 104091 |
| a charter by the congress of the United States or is recognized by | 104092 |
| the United States veterans administration, for use by the | 104093 |
| headquarters; | 104094 |
| (34) Sales to a telecommunications service vendor, mobile | 104095 |
| telecommunications service vendor, or satellite broadcasting | 104096 |
| service vendor of tangible personal property and services used | 104097 |
| directly and primarily in transmitting, receiving, switching, or | 104098 |
| recording any interactive, one- or two-way electromagnetic | 104099 |
| communications, including voice, image, data, and information, | 104100 |
| through the use of any medium, including, but not limited to, | 104101 |
| poles, wires, cables, switching equipment, computers, and record | 104102 |
| storage devices and media, and component parts for the tangible | 104103 |
| personal property. The exemption provided in this division shall | 104104 |
| be in lieu of all other exemptions under division (B)(42)(a) of | 104105 |
| this section to which the vendor may otherwise be entitled, based | 104106 |
| upon the use of the thing purchased in providing the | 104107 |
| telecommunications, mobile telecommunications, or satellite | 104108 |
| broadcasting service. | 104109 |
| (35)(a) Sales where the purpose of the consumer is to use or | 104110 |
| consume the things transferred in making retail sales and | 104111 |
| consisting of newspaper inserts, catalogues, coupons, flyers, gift | 104112 |
| certificates, or other advertising material that prices and | 104113 |
| describes tangible personal property offered for retail sale. | 104114 |
| (b) Sales to direct marketing vendors of preliminary | 104115 |
| materials such as photographs, artwork, and typesetting that will | 104116 |
| be used in printing advertising material; of printed matter that | 104117 |
| offers free merchandise or chances to win sweepstake prizes and | 104118 |
| that is mailed to potential customers with advertising material | 104119 |
| described in division (B)(35)(a) of this section; and of equipment | 104120 |
| such as telephones, computers, facsimile machines, and similar | 104121 |
| tangible personal property primarily used to accept orders for | 104122 |
| direct marketing retail sales. | 104123 |
| (c) Sales of automatic food vending machines that preserve | 104124 |
| food with a shelf life of forty-five days or less by refrigeration | 104125 |
| and dispense it to the consumer. | 104126 |
| For purposes of division (B)(35) of this section, "direct | 104127 |
| marketing" means the method of selling where consumers order | 104128 |
| tangible personal property by United States mail, delivery | 104129 |
| service, or telecommunication and the vendor delivers or ships the | 104130 |
| tangible personal property sold to the consumer from a warehouse, | 104131 |
| catalogue distribution center, or similar fulfillment facility by | 104132 |
| means of the United States mail, delivery service, or common | 104133 |
| carrier. | 104134 |
| (36) Sales to a person engaged in the business of | 104135 |
| horticulture or producing livestock of materials to be | 104136 |
| incorporated into a horticulture structure or livestock structure; | 104137 |
| (37) Sales of personal computers, computer monitors, computer | 104138 |
| keyboards, modems, and other peripheral computer equipment to an | 104139 |
| individual who is licensed or certified to teach in an elementary | 104140 |
| or a secondary school in this state for use by that individual in | 104141 |
| preparation for teaching elementary or secondary school students; | 104142 |
| (38) Sales to a professional racing team of any of the | 104143 |
| following: | 104144 |
| (a) Motor racing vehicles; | 104145 |
| (b) Repair services for motor racing vehicles; | 104146 |
| (c) Items of property that are attached to or incorporated in | 104147 |
| motor racing vehicles, including engines, chassis, and all other | 104148 |
| components of the vehicles, and all spare, replacement, and | 104149 |
| rebuilt parts or components of the vehicles; except not including | 104150 |
| tires, consumable fluids, paint, and accessories consisting of | 104151 |
| instrumentation sensors and related items added to the vehicle to | 104152 |
| collect and transmit data by means of telemetry and other forms of | 104153 |
| communication. | 104154 |
| (39) Sales of used manufactured homes and used mobile homes, | 104155 |
| as defined in section 5739.0210 of the Revised Code, made on or | 104156 |
| after January 1, 2000; | 104157 |
| (40) Sales of tangible personal property and services to a | 104158 |
| provider of electricity used or consumed directly and primarily in | 104159 |
| generating, transmitting, or distributing electricity for use by | 104160 |
| others, including property that is or is to be incorporated into | 104161 |
| and will become a part of the consumer's production, transmission, | 104162 |
| or distribution system and that retains its classification as | 104163 |
| tangible personal property after incorporation; fuel or power used | 104164 |
| in the production, transmission, or distribution of electricity; | 104165 |
| and tangible personal property and services used in the repair and | 104166 |
| maintenance of the production, transmission, or distribution | 104167 |
| system, including only those motor vehicles as are specially | 104168 |
| designed and equipped for such use. The exemption provided in this | 104169 |
| division shall be in lieu of all other exemptions in division | 104170 |
| (B)(42)(a) of this section to which a provider of electricity may | 104171 |
| otherwise be entitled based on the use of the tangible personal | 104172 |
| property or service purchased in generating, transmitting, or | 104173 |
| distributing electricity. | 104174 |
| (41) Sales to a person providing services under division | 104175 |
| (B)(3)(r) of section 5739.01 of the Revised Code of tangible | 104176 |
| personal property and services used directly and primarily in | 104177 |
| providing taxable services under that section. | 104178 |
| (42) Sales where the purpose of the purchaser is to do any of | 104179 |
| the following: | 104180 |
| (a) To incorporate the thing transferred as a material or a | 104181 |
| part into tangible personal property to be produced for sale by | 104182 |
| manufacturing, assembling, processing, or refining; or to use or | 104183 |
| consume the thing transferred directly in producing tangible | 104184 |
| personal property for sale by mining, including, without | 104185 |
| limitation, the extraction from the earth of all substances that | 104186 |
| are classed geologically as minerals, production of crude oil and | 104187 |
| natural gas, farming, agriculture, horticulture, or floriculture, | 104188 |
| or directly in the rendition of a public utility service, except | 104189 |
| that the sales tax levied by this section shall be collected upon | 104190 |
| all meals, drinks, and food for human consumption sold when | 104191 |
| transporting persons. Persons engaged in rendering farming, | 104192 |
| agricultural, horticultural, or floricultural services, and | 104193 |
| services in the exploration for, and production of, crude oil and | 104194 |
| natural gas, for others are deemed engaged directly in farming, | 104195 |
| agriculture, horticulture, and floriculture, or exploration for, | 104196 |
| and production of, crude oil and natural gas. This paragraph does | 104197 |
| not exempt from "retail sale" or "sales at retail" the sale of | 104198 |
| tangible personal property that is to be incorporated into a | 104199 |
| structure or improvement to real property. | 104200 |
| (b) To hold the thing transferred as security for the | 104201 |
| performance of an obligation of the vendor; | 104202 |
| (c) To resell, hold, use, or consume the thing transferred as | 104203 |
| evidence of a contract of insurance; | 104204 |
| (d) To use or consume the thing directly in commercial | 104205 |
| fishing; | 104206 |
| (e) To incorporate the thing transferred as a material or a | 104207 |
| part into, or to use or consume the thing transferred directly in | 104208 |
| the production of, magazines distributed as controlled circulation | 104209 |
| publications; | 104210 |
| (f) To use or consume the thing transferred in the production | 104211 |
| and preparation in suitable condition for market and sale of | 104212 |
| printed, imprinted, overprinted, lithographic, multilithic, | 104213 |
| blueprinted, photostatic, or other productions or reproductions of | 104214 |
| written or graphic matter; | 104215 |
| (g) To use the thing transferred, as described in section | 104216 |
| 5739.011 of the Revised Code, primarily in a manufacturing | 104217 |
| operation to produce tangible personal property for sale; | 104218 |
| (h) To use the benefit of a warranty, maintenance or service | 104219 |
| contract, or similar agreement, as described in division (B)(7) of | 104220 |
| section 5739.01 of the Revised Code, to repair or maintain | 104221 |
| tangible personal property, if all of the property that is the | 104222 |
| subject of the warranty, contract, or agreement would not be | 104223 |
| subject to the tax imposed by this section; | 104224 |
| (i) To use the thing transferred as qualified research and | 104225 |
| development equipment; | 104226 |
| (j) To use or consume the thing transferred primarily in | 104227 |
| storing, transporting, mailing, or otherwise handling purchased | 104228 |
| sales inventory in a warehouse, distribution center, or similar | 104229 |
| facility when the inventory is primarily distributed outside this | 104230 |
| state to retail stores of the person who owns or controls the | 104231 |
| warehouse, distribution center, or similar facility, to retail | 104232 |
| stores of an affiliated group of which that person is a member, or | 104233 |
| by means of direct marketing. This division does not apply to | 104234 |
| motor vehicles registered for operation on the public highways. As | 104235 |
| used in this division, "affiliated group" has the same meaning as | 104236 |
| in division (B)(3)(e) of section 5739.01 of the Revised Code and | 104237 |
| "direct marketing" has the same meaning as in division (B)(35) of | 104238 |
| this section. | 104239 |
| (k) To use or consume the thing transferred to fulfill a | 104240 |
| contractual obligation incurred by a warrantor pursuant to a | 104241 |
| warranty provided as a part of the price of the tangible personal | 104242 |
| property sold or by a vendor of a warranty, maintenance or service | 104243 |
| contract, or similar agreement the provision of which is defined | 104244 |
| as a sale under division (B)(7) of section 5739.01 of the Revised | 104245 |
| Code; | 104246 |
| (l) To use or consume the thing transferred in the production | 104247 |
| of a newspaper for distribution to the public; | 104248 |
| (m) To use tangible personal property to perform a service | 104249 |
| listed in division (B)(3) of section 5739.01 of the Revised Code, | 104250 |
| if the property is or is to be permanently transferred to the | 104251 |
| consumer of the service as an integral part of the performance of | 104252 |
| the service; | 104253 |
| (n) To use or consume the thing transferred in acquiring, | 104254 |
| formatting, editing, storing, and disseminating data or | 104255 |
| information by electronic publishing. | 104256 |
| As used in division (B)(42) of this section, "thing" includes | 104257 |
| all transactions included in divisions (B)(3)(a), (b), and (e) of | 104258 |
| section 5739.01 of the Revised Code. | 104259 |
| (43) Sales conducted through a coin operated device that | 104260 |
| activates vacuum equipment or equipment that dispenses water, | 104261 |
| whether or not in combination with soap or other cleaning agents | 104262 |
| or wax, to the consumer for the consumer's use on the premises in | 104263 |
| washing, cleaning, or waxing a motor vehicle, provided no other | 104264 |
| personal property or personal service is provided as part of the | 104265 |
| transaction. | 104266 |
| (44) Sales of replacement and modification parts for engines, | 104267 |
| airframes, instruments, and interiors in, and paint for, aircraft | 104268 |
| used primarily in a fractional aircraft ownership program, and | 104269 |
| sales of services for the repair, modification, and maintenance of | 104270 |
| such aircraft, and machinery, equipment, and supplies primarily | 104271 |
| used to provide those services. | 104272 |
| (45) Sales of telecommunications service that is used | 104273 |
| directly and primarily to perform the functions of a call center. | 104274 |
| As used in this division, "call center" means any physical | 104275 |
| location where telephone calls are placed or received in high | 104276 |
| volume for the purpose of making sales, marketing, customer | 104277 |
| service, technical support, or other specialized business | 104278 |
| activity, and that employs at least fifty individuals that engage | 104279 |
| in call center activities on a full-time basis, or sufficient | 104280 |
| individuals to fill fifty full-time equivalent positions. | 104281 |
| (46) Sales by a telecommunications service vendor of 900 | 104282 |
| service to a subscriber. This division does not apply to | 104283 |
| information services, as defined in division (FF) of section | 104284 |
| 5739.01 of the Revised Code. | 104285 |
| (47) Sales of value-added non-voice data service. This | 104286 |
| division does not apply to any similar service that is not | 104287 |
| otherwise a telecommunications service. | 104288 |
| (48)(a) Sales of machinery, equipment, and software to a | 104289 |
| qualified direct selling entity for use in a warehouse or | 104290 |
| distribution center primarily for storing, transporting, or | 104291 |
| otherwise handling inventory that is held for sale to independent | 104292 |
| salespersons who operate as direct sellers and that is held | 104293 |
| primarily for distribution outside this state; | 104294 |
| (b) As used in division (B)(48)(a) of this section: | 104295 |
| (i) "Direct seller" means a person selling consumer products | 104296 |
| to individuals for personal or household use and not from a fixed | 104297 |
| retail location, including selling such product at in-home product | 104298 |
| demonstrations, parties, and other one-on-one selling. | 104299 |
| (ii) "Qualified direct selling entity" means an entity | 104300 |
| selling to direct sellers at the time the entity enters into a tax | 104301 |
| credit agreement with the tax credit authority pursuant to section | 104302 |
| 122.17 of the Revised Code, provided that the agreement was | 104303 |
| entered into on or after January 1, 2007. Neither contingencies | 104304 |
| relevant to the granting of, nor later developments with respect | 104305 |
| to, the tax credit shall impair the status of the qualified direct | 104306 |
| selling entity under division (B)(48) of this section after | 104307 |
| execution of the tax credit agreement by the tax credit authority. | 104308 |
| (c) Division (B)(48) of this section is limited to machinery, | 104309 |
| equipment, and software first stored, used, or consumed in this | 104310 |
| state within the period commencing June 24, 2008, and ending on | 104311 |
| the date that is five years after that date. | 104312 |
| (49) Sales of materials, parts, equipment, or engines used | 104313 |
| in the repair or maintenance of aircraft or avionics systems of | 104314 |
| such aircraft, and sales of repair, remodeling, replacement, or | 104315 |
| maintenance services in this state performed on aircraft or on | 104316 |
| an aircraft's avionics, engine, or component materials or parts. | 104317 |
| As used in division (B)(49) of this section, "aircraft" means | 104318 |
| aircraft of more than six thousand pounds maximum certified | 104319 |
| takeoff weight or used exclusively in general aviation. | 104320 |
| (50) Sales of full flight simulators that are used for pilot | 104321 |
| or flight-crew training, sales of repair or replacement parts or | 104322 |
| components, and sales of repair or maintenance services for such | 104323 |
| full flight simulators. "Full flight simulator" means a replica | 104324 |
| of a specific type, or make, model, and series of aircraft | 104325 |
| cockpit. It includes the assemblage of equipment and computer | 104326 |
| programs necessary to represent aircraft operations in ground and | 104327 |
| flight conditions, a visual system providing an | 104328 |
| out-of-the-cockpit view, and a system that provides cues at | 104329 |
| least equivalent to those of a three-degree-of-freedom motion | 104330 |
| system, and has the full range of capabilities of the systems | 104331 |
| installed in the device as described in appendices A and B of | 104332 |
| part 60 of chapter 1 of title 14 of the Code of Federal | 104333 |
| Regulations. | 104334 |
| (C) For the purpose of the proper administration of this | 104335 |
| chapter, and to prevent the evasion of the tax, it is presumed | 104336 |
| that all sales made in this state are subject to the tax until the | 104337 |
| contrary is established. | 104338 |
| (D) The levy of this tax on retail sales of recreation and | 104339 |
| sports club service shall not prevent a municipal corporation from | 104340 |
| levying any tax on recreation and sports club dues or on any | 104341 |
| income generated by recreation and sports club dues. | 104342 |
| (E) The tax collected by the vendor from the consumer under | 104343 |
| this chapter is not part of the price, but is a tax collection for | 104344 |
| the benefit of the state, and of counties levying an additional | 104345 |
| sales tax pursuant to section 5739.021 or 5739.026 of the Revised | 104346 |
| Code and of transit authorities levying an additional sales tax | 104347 |
| pursuant to section 5739.023 of the Revised Code. Except for the | 104348 |
| discount authorized under section 5739.12 of the Revised Code and | 104349 |
| the effects of any rounding pursuant to section 5703.055 of the | 104350 |
| Revised Code, no person other than the state or such a county or | 104351 |
| transit authority shall derive any benefit from the collection or | 104352 |
| payment of the tax levied by this section or section 5739.021, | 104353 |
| 5739.023, or 5739.026 of the Revised Code. | 104354 |
| Sec. 5739.03. (A) Except as provided in section 5739.05 or | 104355 |
| section 5739.051 of the Revised Code, the tax imposed by or | 104356 |
| pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of | 104357 |
| the Revised Code shall be paid by the consumer to the vendor, and | 104358 |
| each vendor shall collect from the consumer, as a trustee for the | 104359 |
| state of Ohio, the full and exact amount of the tax payable on | 104360 |
| each taxable sale, in the manner and at the times provided as | 104361 |
| follows: | 104362 |
| (1) If the price is, at or prior to the provision of the | 104363 |
| service or the delivery of possession of the thing sold to the | 104364 |
| consumer, paid in currency passed from hand to hand by the | 104365 |
| consumer or the consumer's agent to the vendor or the vendor's | 104366 |
| agent, the vendor or the vendor's agent shall collect the tax with | 104367 |
| and at the same time as the price; | 104368 |
| (2) If the price is otherwise paid or to be paid, the vendor | 104369 |
| or the vendor's agent shall, at or prior to the provision of the | 104370 |
| service or the delivery of possession of the thing sold to the | 104371 |
| consumer, charge the tax imposed by or pursuant to section | 104372 |
| 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to | 104373 |
| the account of the consumer, which amount shall be collected by | 104374 |
| the vendor from the consumer in addition to the price. Such sale | 104375 |
| shall be reported on and the amount of the tax applicable thereto | 104376 |
| shall be remitted with the return for the period in which the sale | 104377 |
| is made, and the amount of the tax shall become a legal charge in | 104378 |
| favor of the vendor and against the consumer. | 104379 |
| (B)(1)(a) If any sale is claimed to be exempt under division | 104380 |
| (E) of section 5739.01 of the Revised Code or under section | 104381 |
| 5739.02 of the Revised Code, with the exception of divisions | 104382 |
| (B)(1) to (11) or (28) of section 5739.02 of the Revised Code, the | 104383 |
| consumer must provide to the vendor, and the vendor must obtain | 104384 |
| from the consumer, a certificate specifying the reason that the | 104385 |
| sale is not legally subject to the tax. The certificate shall be | 104386 |
| in such form, and shall be provided either in a hard copy form or | 104387 |
| electronic form, as the tax commissioner prescribes. | 104388 |
| (b) A vendor that obtains a fully completed exemption | 104389 |
| certificate from a consumer is relieved of liability for | 104390 |
| collecting and remitting tax on any sale covered by that | 104391 |
| certificate. If it is determined the exemption was improperly | 104392 |
| claimed, the consumer shall be liable for any tax due on that sale | 104393 |
| under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter | 104394 |
| 5741. of the Revised Code. Relief under this division from | 104395 |
| liability does not apply to any of the following: | 104396 |
| (i) A vendor that fraudulently fails to collect tax; | 104397 |
| (ii) A vendor that solicits consumers to participate in the | 104398 |
| unlawful claim of an exemption; | 104399 |
| (iii) A vendor that accepts an exemption certificate from a | 104400 |
| consumer that claims an exemption based on who purchases or who | 104401 |
| sells property or a service, when the subject of the transaction | 104402 |
| sought to be covered by the exemption certificate is actually | 104403 |
| received by the consumer at a location operated by the vendor in | 104404 |
| this state, and this state has posted to its web site an exemption | 104405 |
| certificate form that clearly and affirmatively indicates that the | 104406 |
| claimed exemption is not available in this state; | 104407 |
| (iv) A vendor that accepts an exemption certificate from a | 104408 |
| consumer who claims a multiple points of use exemption under | 104409 |
| division (D) of section 5739.033 of the Revised Code, if the item | 104410 |
| purchased is tangible personal property, other than prewritten | 104411 |
| computer software. | 104412 |
| (2) The vendor shall maintain records, including exemption | 104413 |
| certificates, of all sales on which a consumer has claimed an | 104414 |
| exemption, and provide them to the tax commissioner on request. | 104415 |
| (3) The tax commissioner may establish an identification | 104416 |
| system whereby the commissioner issues an identification number to | 104417 |
| a consumer that is exempt from payment of the tax. The consumer | 104418 |
| must present the number to the vendor, if any sale is claimed to | 104419 |
| be exempt as provided in this section. | 104420 |
| (4) If no certificate is provided or obtained within ninety | 104421 |
| days after the date on which such sale is consummated, it shall be | 104422 |
| presumed that the tax applies. Failure to have so provided or | 104423 |
| obtained a certificate shall not preclude a vendor, within one | 104424 |
| hundred twenty days after the tax commissioner gives written | 104425 |
| notice of intent to levy an assessment, from either establishing | 104426 |
| that the sale is not subject to the tax, or obtaining, in good | 104427 |
| faith, a fully completed exemption certificate. | 104428 |
| (5) Certificates need not be obtained nor provided where the | 104429 |
| identity of the consumer is such that the transaction is never | 104430 |
| subject to the tax imposed or where the item of tangible personal | 104431 |
| property sold or the service provided is never subject to the tax | 104432 |
| imposed, regardless of use, or when the sale is in interstate | 104433 |
| commerce. | 104434 |
| (6) If a transaction is claimed to be exempt under division | 104435 |
| (B)(13) of section 5739.02 of the Revised Code, the contractor | 104436 |
| shall obtain certification of the claimed exemption from the | 104437 |
| contractee. This certification shall be in addition to an | 104438 |
| exemption certificate provided by the contractor to the vendor. A | 104439 |
| contractee that provides a certification under this division shall | 104440 |
| be deemed to be the consumer of all items purchased by the | 104441 |
| contractor under the claim of exemption, if it is subsequently | 104442 |
| determined that the exemption is not properly claimed. The | 104443 |
| certification shall be in such form as the tax commissioner | 104444 |
| prescribes. | 104445 |
| (C) As used in this division, "contractee" means a person who | 104446 |
| seeks to enter or enters into a contract or agreement with a | 104447 |
| contractor or vendor for the construction of real property or for | 104448 |
| the sale and installation onto real property of tangible personal | 104449 |
| property. | 104450 |
| Any contractor or vendor may request from any contractee a | 104451 |
| certification of what portion of the property to be transferred | 104452 |
| under such contract or agreement is to be incorporated into the | 104453 |
| realty and what portion will retain its status as tangible | 104454 |
| personal property after installation is completed. The contractor | 104455 |
| or vendor shall request the certification by certified mail | 104456 |
| delivered to the contractee, return receipt requested. Upon | 104457 |
| receipt of such request and prior to entering into the contract or | 104458 |
| agreement, the contractee shall provide to the contractor or | 104459 |
| vendor a certification sufficiently detailed to enable the | 104460 |
| contractor or vendor to ascertain the resulting classification of | 104461 |
| all materials purchased or fabricated by the contractor or vendor | 104462 |
| and transferred to the contractee. This requirement applies to a | 104463 |
| contractee regardless of whether the contractee holds a direct | 104464 |
| payment permit under section 5739.031 of the Revised Code or | 104465 |
| provides to the contractor or vendor an exemption certificate as | 104466 |
| provided under this section. | 104467 |
| For the purposes of the taxes levied by this chapter and | 104468 |
| Chapter 5741. of the Revised Code, the contractor or vendor may in | 104469 |
| good faith rely on the contractee's certification. Notwithstanding | 104470 |
| division (B) of section 5739.01 of the Revised Code, if the tax | 104471 |
| commissioner determines that certain property certified by the | 104472 |
| contractee as tangible personal property pursuant to this division | 104473 |
| is, in fact, real property, the contractee shall be considered to | 104474 |
| be the consumer of all materials so incorporated into that real | 104475 |
| property and shall be liable for the applicable tax, and the | 104476 |
| contractor or vendor shall be excused from any liability on those | 104477 |
| materials. | 104478 |
| If a contractee fails to provide such certification upon the | 104479 |
| request of the contractor or vendor, the contractor or vendor | 104480 |
| shall comply with the provisions of this chapter and Chapter 5741. | 104481 |
| of the Revised Code without the certification. If the tax | 104482 |
| commissioner determines that such compliance has been performed in | 104483 |
| good faith and that certain property treated as tangible personal | 104484 |
| property by the contractor or vendor is, in fact, real property, | 104485 |
| the contractee shall be considered to be the consumer of all | 104486 |
| materials so incorporated into that real property and shall be | 104487 |
| liable for the applicable tax, and the construction contractor or | 104488 |
| vendor shall be excused from any liability on those materials. | 104489 |
| This division does not apply to any contract or agreement | 104490 |
| where the tax commissioner determines as a fact that a | 104491 |
| certification under this division was made solely on the decision | 104492 |
| or advice of the contractor or vendor. | 104493 |
| (D) Notwithstanding division (B) of section 5739.01 of the | 104494 |
| Revised Code, whenever the total rate of tax imposed under this | 104495 |
| chapter is increased after the date after a construction contract | 104496 |
| is entered into, the contractee shall reimburse the construction | 104497 |
| contractor for any additional tax paid on tangible property | 104498 |
| consumed or services received pursuant to the contract. | 104499 |
| (E) A vendor who files a petition for reassessment contesting | 104500 |
| the assessment of tax on sales for which the vendor obtained no | 104501 |
| valid exemption certificates and for which the vendor failed to | 104502 |
| establish that the sales were properly not subject to the tax | 104503 |
| during the one-hundred-twenty-day period allowed under division | 104504 |
| (B) of this section, may present to the tax commissioner | 104505 |
| additional evidence to prove that the sales were properly subject | 104506 |
| to a claim of exception or exemption. The vendor shall file such | 104507 |
| evidence within ninety days of the receipt by the vendor of the | 104508 |
| notice of assessment, except that, upon application and for | 104509 |
| reasonable cause, the period for submitting such evidence shall be | 104510 |
| extended thirty days. | 104511 |
| The commissioner shall consider such additional evidence in | 104512 |
| reaching the final determination on the assessment and petition | 104513 |
| for reassessment. | 104514 |
| (F) Whenever a vendor refunds the price, minus any | 104515 |
| separately stated delivery charge, of an item of tangible | 104516 |
| personal property on which the tax imposed under this chapter has | 104517 |
| been paid, the vendor shall also refund the amount of tax paid, | 104518 |
| minus the amount of tax attributable to the delivery charge. | 104519 |
| Sec. 5739.033. (A) Except as provided in division (B) of | 104520 |
| this section, divisions (C) to (I) of this section apply to sales | 104521 |
| made on and after January 1, 2008. Any vendor previously required | 104522 |
| to comply with divisions (C) to (I) of this section and any | 104523 |
| vendor that irrevocably elects to comply with divisions (C) to | 104524 |
| (I) of this section for all of the vendor's sales and places of | 104525 |
| business in this state shall continue to source its sales under | 104526 |
| those divisions. | 104527 |
| The amount of tax due pursuant to sections 5739.02, 5739.021, | 104528 |
| 5739.023, and 5739.026 of the Revised Code is the sum of the taxes | 104529 |
| imposed pursuant to those sections at the sourcing location of the | 104530 |
| sale as determined under this section or, if applicable, under | 104531 |
| division (C) of section 5739.031 or section 5739.034 of the | 104532 |
| Revised Code, or at the situs of the sale as determined under | 104533 |
| section 5739.035 of the Revised Code. This section applies only to | 104534 |
| a vendor's or seller's obligation to collect and remit sales taxes | 104535 |
| under section 5739.02, 5739.021, 5739.023, or 5739.026 of the | 104536 |
| Revised Code or use taxes under section 5741.02, 5741.021, | 104537 |
| 5741.022, or 5741.023 of the Revised Code. Division (A) of this | 104538 |
| section does not apply in determining the jurisdiction for which | 104539 |
| sellers are required to collect the use tax under section 5741.05 | 104540 |
| of the Revised Code. This section does not affect the obligation | 104541 |
| of a consumer to remit use taxes on the storage, use, or other | 104542 |
| consumption of tangible personal property or on the benefit | 104543 |
| realized of any service provided, to the jurisdiction of that | 104544 |
| storage, use, or consumption, or benefit realized. | 104545 |
| (B)(1) As used in this division: | 104546 |
| (a) "Delivery sale" means the taxable sale of tangible | 104547 |
| personal property or a service that is received by a consumer, or | 104548 |
| a donee designated by the consumer, in a taxing jurisdiction that | 104549 |
| is not the taxing jurisdiction in which the vendor has a fixed | 104550 |
| place of business. | 104551 |
| (b) "Agreement" has the same meaning as in section 5740.01 of | 104552 |
| the Revised Code. | 104553 |
| (c) "Governing board" has the same meaning as in section | 104554 |
| 5740.02 of the Revised Code. | 104555 |
| (2) If the tax commissioner does not make the certification | 104556 |
| under section 5740.10 of the Revised Code, a vendor that is not | 104557 |
| required by division (A) of this section to situs sales under | 104558 |
| divisions (C) to (I) of this section on the date of the | 104559 |
| commissioner's certification may continue after that date to | 104560 |
| situs its sales under section 5739.035 of the Revised Code unless | 104561 |
| it is required, under division (B)(5) of this section, to situs | 104562 |
| its sales under divisions (C) to (I) of this section. | 104563 |
| (3) Except as otherwise provided in divisions (B)(4) and (5) | 104564 |
| of this section, a vendor with total delivery sales within this | 104565 |
| state in prior calendar years, beginning with calendar year 2007, | 104566 |
| of less than five hundred thousand dollars may situs its sales | 104567 |
| under section 5739.035 of the Revised Code. | 104568 |
| (4) Once a vendor has total delivery sales in this state of | 104569 |
| five hundred thousand dollars or more for a prior calendar year, | 104570 |
| the vendor shall source its sales under divisions (C) to (I) of | 104571 |
| this section and shall continue to source its sales under those | 104572 |
| divisions regardless of the amount of the vendor's total delivery | 104573 |
| sales in future years. | 104574 |
| (5) A vendor permitted under division (B)(3) of this section | 104575 |
| to situs its sales under section 5739.035 of the Revised Code that | 104576 |
| fails to provide, absent a clerical error, the notices required | 104577 |
| under division (I)(1) of section 5739.035 of the Revised Code | 104578 |
| shall situs all subsequent sales as required under divisions (C) | 104579 |
| to (I) of this section. | 104580 |
| (C) Except for sales, other than leases, of titled motor | 104581 |
| vehicles, titled watercraft, or titled outboard motors as provided | 104582 |
| in section 5741.05 of the Revised Code, or as otherwise provided | 104583 |
| in this section and section 5739.034 of the Revised Code, all | 104584 |
| sales shall be sourced as follows: | 104585 |
| (1) If the consumer or a donee designated by the consumer | 104586 |
| receives tangible personal property or a service at a vendor's | 104587 |
| place of business, the sale shall be sourced to that place of | 104588 |
| business. | 104589 |
| (2) When the tangible personal property or service is not | 104590 |
| received at a vendor's place of business, the sale shall be | 104591 |
| sourced to the location known to the vendor where the consumer or | 104592 |
| the donee designated by the consumer receives the tangible | 104593 |
| personal property or service, including the location indicated by | 104594 |
| instructions for delivery to the consumer or the consumer's donee. | 104595 |
| (3) If divisions (C)(1) and (2) of this section do not apply, | 104596 |
| the sale shall be sourced to the location indicated by an address | 104597 |
| for the consumer that is available from the vendor's business | 104598 |
| records that are maintained in the ordinary course of the | 104599 |
| vendor's business, when use of that address does not constitute | 104600 |
| bad faith. | 104601 |
| (4) If divisions (C)(1), (2), and (3) of this section do not | 104602 |
| apply, the sale shall be sourced to the location indicated by an | 104603 |
| address for the consumer obtained during the consummation of the | 104604 |
| sale, including the address associated with the consumer's payment | 104605 |
| instrument, if no other address is available, when use of that | 104606 |
| address does not constitute bad faith. | 104607 |
| (5) If divisions (C)(1), (2), (3), and (4) of this section do | 104608 |
| not apply, including in the circumstance where the vendor is | 104609 |
| without sufficient information to apply any of those divisions, | 104610 |
| the sale shall be sourced to the address from which tangible | 104611 |
| personal property was shipped, or from which the service was | 104612 |
| provided, disregarding any location that merely provided the | 104613 |
| electronic transfer of the property sold or service provided. | 104614 |
| (6) As used in division (C) of this section, "receive" means | 104615 |
| taking possession of tangible personal property or making first | 104616 |
| use of a service. "Receive" does not include possession by a | 104617 |
| shipping company on behalf of a consumer. | 104618 |
| (D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this | 104619 |
| section, a business consumer that is not a holder of a direct | 104620 |
| payment permit granted under section 5739.031 of the Revised Code, | 104621 |
| that purchases a digital good, computer software, except computer | 104622 |
| software received in person by a business consumer at a vendor's | 104623 |
| place of business, or a service, and that knows at the time of | 104624 |
| purchase that such digital good, software, or service will be | 104625 |
| concurrently available for use in more than one taxing | 104626 |
| jurisdiction shall deliver to the vendor in conjunction with its | 104627 |
| purchase an exemption certificate claiming multiple points of use, | 104628 |
| or shall meet the requirements of division (D)(2) of this section. | 104629 |
| On receipt of the exemption certificate claiming multiple points | 104630 |
| of use, the vendor is relieved of its obligation to collect, pay, | 104631 |
| or remit the tax due, and the business consumer must pay the tax | 104632 |
| directly to the state. | 104633 |
| (b) A business consumer that delivers the exemption | 104634 |
| certificate claiming multiple points of use to a vendor may use | 104635 |
| any reasonable, consistent, and uniform method of apportioning the | 104636 |
| tax due on the digital good, computer software, or service that is | 104637 |
| supported by the consumer's business records as they existed at | 104638 |
| the time of the sale. The business consumer shall report and pay | 104639 |
| the appropriate tax to each jurisdiction where concurrent use | 104640 |
| occurs. The tax due shall be calculated as if the apportioned | 104641 |
| amount of the digital good, computer software, or service had been | 104642 |
| delivered to each jurisdiction to which the sale is apportioned | 104643 |
| under this division. | 104644 |
| (c) The exemption certificate claiming multiple points of use | 104645 |
| shall remain in effect for all future sales by the vendor to the | 104646 |
| business consumer until it is revoked in writing by the business | 104647 |
| consumer, except as to the business consumer's specific | 104648 |
| apportionment of a subsequent sale under division (D)(1)(b) of | 104649 |
| this section and the facts existing at the time of the sale. | 104650 |
| (2) When the vendor knows that a digital good, computer | 104651 |
| software, or service sold will be concurrently available for use | 104652 |
| by the business consumer in more than one jurisdiction, but the | 104653 |
| business consumer does not provide an exemption certificate | 104654 |
| claiming multiple points of use as required by division (D)(1) of | 104655 |
| this section, the vendor may work with the business consumer to | 104656 |
| produce the correct apportionment. Governed by the principles of | 104657 |
| division (D)(1)(b) of this section, the vendor and business | 104658 |
| consumer may use any reasonable, but consistent and uniform, | 104659 |
| method of apportionment that is supported by the vendor's and | 104660 |
| business consumer's books and records as they exist at the time | 104661 |
| the sale is reported for purposes of the taxes levied under this | 104662 |
| chapter. If the business consumer certifies to the accuracy of the | 104663 |
| apportionment and the vendor accepts the certification, the vendor | 104664 |
| shall collect and remit the tax accordingly. In the absence of bad | 104665 |
| faith, the vendor is relieved of any further obligation to collect | 104666 |
| tax on any transaction where the vendor has collected tax pursuant | 104667 |
| to the information certified by the business consumer. | 104668 |
| (3) When the vendor knows that the digital good, computer | 104669 |
| software, or service will be concurrently available for use in | 104670 |
| more than one jurisdiction, and the business consumer does not | 104671 |
| have a direct pay permit and does not provide to the vendor an | 104672 |
| exemption certificate claiming multiple points of use as required | 104673 |
| in division (D)(1) of this section, or certification pursuant to | 104674 |
| division (D)(2) of this section, the vendor shall collect and | 104675 |
| remit the tax based on division (C) of this section. | 104676 |
| (4) Nothing in this section shall limit a person's obligation | 104677 |
| for sales or use tax to any state in which a digital good, | 104678 |
| computer software, or service is concurrently available for use, | 104679 |
| nor limit a person's ability under local, state, or federal law, | 104680 |
| to claim a credit for sales or use taxes legally due and paid to | 104681 |
| other jurisdictions. | 104682 |
| (E) A person who holds a direct payment permit issued under | 104683 |
| section 5739.031 of the Revised Code is not required to deliver an | 104684 |
| exemption certificate claiming multiple points of use to a vendor. | 104685 |
| But such permit holder shall comply with division (D)(2) of this | 104686 |
| section in apportioning the tax due on a digital good, computer | 104687 |
| software, or a service for use in business that will be | 104688 |
| concurrently available for use in more than one taxing | 104689 |
| jurisdiction. | 104690 |
| (F)(1) Notwithstanding divisions (C)(1) to (5) of this | 104691 |
| section, the consumer of direct mail that is not a holder of a | 104692 |
| direct payment permit shall provide to the vendor in conjunction | 104693 |
| with the sale either an exemption certificate claiming direct mail | 104694 |
| prescribed by the tax commissioner, or information to show the | 104695 |
| jurisdictions to which the direct mail is delivered to recipients. | 104696 |
| (2) Upon receipt of such exemption certificate, the vendor is | 104697 |
| relieved of all obligations to collect, pay, or remit the | 104698 |
| applicable tax and the consumer is obligated to pay that tax on a | 104699 |
| direct pay basis. An exemption certificate claiming direct mail | 104700 |
| shall remain in effect for all future sales of direct mail by the | 104701 |
| vendor to the consumer until it is revoked in writing. | 104702 |
| (3) Upon receipt of information from the consumer showing the | 104703 |
| jurisdictions to which the direct mail is delivered to recipients, | 104704 |
| the vendor shall collect the tax according to the delivery | 104705 |
| information provided by the consumer. In the absence of bad faith, | 104706 |
| the vendor is relieved of any further obligation to collect tax on | 104707 |
| any transaction where the vendor has collected tax pursuant to the | 104708 |
| delivery information provided by the consumer. | 104709 |
| (4) If the consumer of direct mail does not have a direct | 104710 |
| payment permit and does not provide the vendor with either an | 104711 |
| exemption certificate claiming direct mail or delivery information | 104712 |
| as required by division (F)(1) of this section, the vendor shall | 104713 |
| collect the tax according to division (C)(5) of this section. | 104714 |
| Nothing in division (F)(4) of this section shall limit a | 104715 |
| consumer's obligation to pay sales or use tax to any state to | 104716 |
| which the direct mail is delivered. | 104717 |
| (5) If a consumer of direct mail provides the vendor with | 104718 |
| documentation of direct payment authority, the consumer shall not | 104719 |
| be required to provide an exemption certificate claiming direct | 104720 |
| mail or delivery information to the vendor. | 104721 |
| (G) If the vendor provides lodging to transient guests as | 104722 |
| specified in division (B)(2) of section 5739.01 of the Revised | 104723 |
| Code, the sale shall be sourced to the location where the lodging | 104724 |
| is located. | 104725 |
| (H)(1) As used in this division and division (I) of this | 104726 |
| section, "transportation equipment" means any of the following: | 104727 |
| (a) Locomotives and railcars that are utilized for the | 104728 |
| carriage of persons or property in interstate commerce. | 104729 |
| (b) Trucks and truck-tractors with a gross vehicle weight | 104730 |
| rating of greater than ten thousand pounds, trailers, | 104731 |
| semi-trailers, or passenger buses that are registered through the | 104732 |
| international registration plan and are operated under authority | 104733 |
| of a carrier authorized and certificated by the United States | 104734 |
| department of transportation or another federal authority to | 104735 |
| engage in the carriage of persons or property in interstate | 104736 |
| commerce. | 104737 |
| (c) Aircraft that are operated by air carriers authorized and | 104738 |
| certificated by the United States department of transportation or | 104739 |
| another federal authority to engage in the carriage of persons or | 104740 |
| property in interstate or foreign commerce. | 104741 |
| (d) Containers designed for use on and component parts | 104742 |
| attached to or secured on the items set forth in division | 104743 |
| (H)(1)(a), (b), or (c) of this section. | 104744 |
| (2) A sale, lease, or rental of transportation equipment | 104745 |
| shall be sourced pursuant to division (C) of this section. | 104746 |
| (I)(1) A lease or rental of tangible personal property that | 104747 |
| does not require recurring periodic payments shall be sourced | 104748 |
| pursuant to division (C) of this section. | 104749 |
| (2) A lease or rental of tangible personal property that | 104750 |
| requires recurring periodic payments shall be sourced as follows: | 104751 |
| (a) In the case of a motor vehicle, other than a motor | 104752 |
| vehicle that is transportation equipment, or an aircraft, other | 104753 |
| than an aircraft that is transportation equipment, such lease or | 104754 |
| rental shall be sourced as follows: | 104755 |
| (i) An accelerated tax payment on a lease or rental taxed | 104756 |
| pursuant to division (A)(2) of section 5739.02 of the Revised Code | 104757 |
| shall be sourced to the primary property location at the time the | 104758 |
| lease or rental is consummated. Any subsequent taxable charges on | 104759 |
| the lease or rental shall be sourced to the primary property | 104760 |
| location for the period in which the charges are incurred. | 104761 |
| (ii) For a lease or rental taxed pursuant to division (A)(3) | 104762 |
| of section 5739.02 of the Revised Code, each lease or rental | 104763 |
| installment shall be sourced to the primary property location for | 104764 |
| the period covered by the installment. | 104765 |
| (b) In the case of a lease or rental of all other tangible | 104766 |
| personal property, other than transportation equipment, such lease | 104767 |
| or rental shall be sourced as follows: | 104768 |
| (i) An accelerated tax payment on a lease or rental that is | 104769 |
| taxed pursuant to division (A)(2) of section 5739.02 of the | 104770 |
| Revised Code shall be sourced pursuant to division (C) of this | 104771 |
| section at the time the lease or rental is consummated. Any | 104772 |
| subsequent taxable charges on the lease or rental shall be sourced | 104773 |
| to the primary property location for the period in which the | 104774 |
| charges are incurred. | 104775 |
| (ii) For a lease or rental that is taxed pursuant to division | 104776 |
| (A)(3) of section 5739.02 of the Revised Code, the initial lease | 104777 |
| or rental installment shall be sourced pursuant to division (C) of | 104778 |
| this section. Each subsequent installment shall be sourced to the | 104779 |
| primary property location for the period covered by the | 104780 |
| installment. | 104781 |
| (3) As used in division (I) of this section, "primary | 104782 |
| property location" means an address for tangible personal property | 104783 |
| provided by the lessee or renter that is available to the lessor | 104784 |
| or owner from its records maintained in the ordinary course of | 104785 |
| business, when use of that address does not constitute bad faith. | 104786 |
| (J) Sales described in division (B)(11) of section 5739.01 | 104787 |
| of the Revised Code shall be sourced to the location of the | 104788 |
| enrollee for whom a medicaid health insuring corporation receives | 104789 |
| managed care premiums. Such sales shall be sourced to the | 104790 |
| locations of the enrollees in the same proportion as the managed | 104791 |
| care premiums received by the medicaid health insuring | 104792 |
| corporation on behalf of enrollees located in a particular | 104793 |
| taxing jurisdiction in Ohio as compared to all managed care | 104794 |
| premiums received by the medicaid health insuring corporation. | 104795 |
| Sec. 5739.051. (A) The tax commissioner shall issue a direct | 104796 |
| payment permit to a medicaid health insuring corporation that | 104797 |
| authorizes the medicaid health insuring corporation to pay all | 104798 |
| taxes due on sales described in division (B)(11) of section | 104799 |
| 5739.01 of the Revised Code directly to the state. Each medicaid | 104800 |
| health insuring corporation shall pay pursuant to such direct | 104801 |
| payment authority all sales tax levied on such sales by sections | 104802 |
| 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and | 104803 |
| all use tax levied on such sales pursuant to sections 5741.02, | 104804 |
| 5741.021, 5741.022, and 5741.023 of the Revised Code, unless | 104805 |
| division (B)(11)(b) of section 5739.01 of the Revised Code | 104806 |
| applies. | 104807 |
| (B) Each medicaid health insuring corporation shall, on or | 104808 |
| before the twenty-third day of each month, file a return for the | 104809 |
| preceding month on a form prescribed by the tax commissioner and | 104810 |
| shall pay the tax shown on the return to be due, unless division | 104811 |
| (B)(11)(b) of section 5739.01 of the Revised Code applies. The | 104812 |
| return shall show the amount of tax due from the medicaid health | 104813 |
| care insuring corporation for the period covered by the return | 104814 |
| and other such information as the commissioner deems necessary. | 104815 |
| Upon written request, the commissioner may extend the time for | 104816 |
| filing the return and paying the tax. The commissioner may | 104817 |
| require each medicaid health insuring corporation to file returns | 104818 |
| and remit payment by electronic means as provided in section | 104819 |
| 5739.032 of the Revised Code. | 104820 |
| Sec. 5739.09. (A)(1) A board of county commissioners may, by | 104821 |
| resolution adopted by a majority of the members of the board, levy | 104822 |
| an excise tax not to exceed three per cent on transactions by | 104823 |
| which lodging by a hotel is or is to be furnished to transient | 104824 |
| guests. The board shall establish all regulations necessary to | 104825 |
| provide for the administration and allocation of the tax. The | 104826 |
| regulations may prescribe the time for payment of the tax, and may | 104827 |
| provide for the imposition of a penalty or interest, or both, for | 104828 |
| late payments, provided that the penalty does not exceed ten per | 104829 |
| cent of the amount of tax due, and the rate at which interest | 104830 |
| accrues does not exceed the rate per annum prescribed pursuant to | 104831 |
| section 5703.47 of the Revised Code. Except as provided in | 104832 |
| divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the | 104833 |
| regulations shall provide, after deducting the real and actual | 104834 |
| costs of administering the tax, for the return to each municipal | 104835 |
| corporation or township that does not levy an excise tax on the | 104836 |
| transactions, a uniform percentage of the tax collected in the | 104837 |
| municipal corporation or in the unincorporated portion of the | 104838 |
| township from each transaction, not to exceed thirty-three and | 104839 |
| one-third per cent. The remainder of the revenue arising from the | 104840 |
| tax shall be deposited in a separate fund and shall be spent | 104841 |
| solely to make contributions to the convention and visitors' | 104842 |
| bureau operating within the county, including a pledge and | 104843 |
| contribution of any portion of the remainder pursuant to an | 104844 |
| agreement authorized by section 307.695 of the Revised Code, | 104845 |
| provided that if the board of county commissioners of an eligible | 104846 |
| county as defined in section 307.695 of the Revised Code adopts a | 104847 |
| resolution amending a resolution levying a tax under this division | 104848 |
| to provide that the revenue from the tax shall be used by the | 104849 |
| board as described in division (H) of section 307.695 of the | 104850 |
| Revised Code, the remainder of the revenue shall be used as | 104851 |
| described in the resolution making that amendment. Except as | 104852 |
| provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of | 104853 |
| this section, on and after May 10, 1994, a board of county | 104854 |
| commissioners may not levy an excise tax pursuant to this division | 104855 |
| in any municipal corporation or township located wholly or partly | 104856 |
| within the county that has in effect an ordinance or resolution | 104857 |
| levying an excise tax pursuant to division (B) of this section. | 104858 |
| The board of a county that has levied a tax under division (C) of | 104859 |
| this section may, by resolution adopted within ninety days after | 104860 |
| July 15, 1985, by a majority of the members of the board, amend | 104861 |
| the resolution levying a tax under this division to provide for a | 104862 |
| portion of that tax to be pledged and contributed in accordance | 104863 |
| with an agreement entered into under section 307.695 of the | 104864 |
| Revised Code. A tax, any revenue from which is pledged pursuant to | 104865 |
| such an agreement, shall remain in effect at the rate at which it | 104866 |
| is imposed for the duration of the period for which the revenue | 104867 |
| from the tax has been so pledged. | 104868 |
| The board of county commissioners of an eligible county as | 104869 |
| defined in section 307.695 of the Revised Code may, by resolution | 104870 |
| adopted by a majority of the members of the board, amend a | 104871 |
| resolution levying a tax under this division to provide that the | 104872 |
| revenue from the tax shall be used by the board as described in | 104873 |
| division (H) of section 307.695 of the Revised Code, in which case | 104874 |
| the tax shall remain in effect at the rate at which it was imposed | 104875 |
| for the duration of any agreement entered into by the board under | 104876 |
| section 307.695 of the Revised Code, the duration during which any | 104877 |
| securities issued by the board under that section are outstanding, | 104878 |
| or the duration of the period during which the board owns a | 104879 |
| project as defined in section 307.695 of the Revised Code, | 104880 |
| whichever duration is longest. | 104881 |
| (2) A board of county commissioners that levies an excise tax | 104882 |
| under division (A)(1) of this section on June 30, 1997, at a rate | 104883 |
| of three per cent, and that has pledged revenue from the tax to an | 104884 |
| agreement entered into under section 307.695 of the Revised Code | 104885 |
| or, in the case of the board of county commissioners of an | 104886 |
| eligible county as defined in section 307.695 of the Revised Code, | 104887 |
| has amended a resolution levying a tax under division (C) of this | 104888 |
| section to provide that proceeds from the tax shall be used by the | 104889 |
| board as described in division (H) of section 307.695 of the | 104890 |
| Revised Code, may, at any time by a resolution adopted by a | 104891 |
| majority of the members of the board, amend the resolution levying | 104892 |
| a tax under division (A)(1) of this section to provide for an | 104893 |
| increase in the rate of that tax up to seven per cent on each | 104894 |
| transaction; to provide that revenue from the increase in the rate | 104895 |
| shall be used as described in division (H) of section 307.695 of | 104896 |
| the Revised Code or be spent solely to make contributions to the | 104897 |
| convention and visitors' bureau operating within the county to be | 104898 |
| used specifically for promotion, advertising, and marketing of the | 104899 |
| region in which the county is located; and to provide that the | 104900 |
| rate in excess of the three per cent levied under division (A)(1) | 104901 |
| of this section shall remain in effect at the rate at which it is | 104902 |
| imposed for the duration of the period during which any agreement | 104903 |
| is in effect that was entered into under section 307.695 of the | 104904 |
| Revised Code by the board of county commissioners levying a tax | 104905 |
| under division (A)(1) of this section, the duration of the period | 104906 |
| during which any securities issued by the board under division (I) | 104907 |
| of section 307.695 of the Revised Code are outstanding, or the | 104908 |
| duration of the period during which the board owns a project as | 104909 |
| defined in section 307.695 of the Revised Code, whichever duration | 104910 |
| is longest. The amendment also shall provide that no portion of | 104911 |
| that revenue need be returned to townships or municipal | 104912 |
| corporations as would otherwise be required under division (A)(1) | 104913 |
| of this section. | 104914 |
| (3) A board of county commissioners that levies a tax under | 104915 |
| division (A)(1) of this section on March 18, 1999, at a rate of | 104916 |
| three per cent may, by resolution adopted not later than | 104917 |
| forty-five days after March 18, 1999, amend the resolution levying | 104918 |
| the tax to provide for all of the following: | 104919 |
| (a) That the rate of the tax shall be increased by not more | 104920 |
| than an additional four per cent on each transaction; | 104921 |
| (b) That all of the revenue from the increase in the rate | 104922 |
| shall be pledged and contributed to a convention facilities | 104923 |
| authority established by the board of county commissioners under | 104924 |
| Chapter 351. of the Revised Code on or before November 15, 1998, | 104925 |
| and used to pay costs of constructing, maintaining, operating, and | 104926 |
| promoting a facility in the county, including paying bonds, or | 104927 |
| notes issued in anticipation of bonds, as provided by that | 104928 |
| chapter; | 104929 |
| (c) That no portion of the revenue arising from the increase | 104930 |
| in rate need be returned to municipal corporations or townships as | 104931 |
| otherwise required under division (A)(1) of this section; | 104932 |
| (d) That the increase in rate shall not be subject to | 104933 |
| diminution by initiative or referendum or by law while any bonds, | 104934 |
| or notes in anticipation of bonds, issued by the authority under | 104935 |
| Chapter 351. of the Revised Code to which the revenue is pledged, | 104936 |
| remain outstanding in accordance with their terms, unless | 104937 |
| provision is made by law or by the board of county commissioners | 104938 |
| for an adequate substitute therefor that is satisfactory to the | 104939 |
| trustee if a trust agreement secures the bonds. | 104940 |
| Division (A)(3) of this section does not apply to the board | 104941 |
| of county commissioners of any county in which a convention center | 104942 |
| or facility exists or is being constructed on November 15, 1998, | 104943 |
| or of any county in which a convention facilities authority levies | 104944 |
| a tax pursuant to section 351.021 of the Revised Code on that | 104945 |
| date. | 104946 |
| As used in division (A)(3) of this section, "cost" and | 104947 |
| "facility" have the same meanings as in section 351.01 of the | 104948 |
| Revised Code, and "convention center" has the same meaning as in | 104949 |
| section 307.695 of the Revised Code. | 104950 |
| (4)(a) A board of county commissioners that levies a tax | 104951 |
| under division (A)(1) of this section on June 30, 2002, at a rate | 104952 |
| of three per cent may, by resolution adopted not later than | 104953 |
| September 30, 2002, amend the resolution levying the tax to | 104954 |
| provide for all of the following: | 104955 |
| (i) That the rate of the tax shall be increased by not more | 104956 |
| than an additional three and one-half per cent on each | 104957 |
| transaction; | 104958 |
| (ii) That all of the revenue from the increase in rate shall | 104959 |
| be pledged and contributed to a convention facilities authority | 104960 |
| established by the board of county commissioners under Chapter | 104961 |
| 351. of the Revised Code on or before May 15, 2002, and be used | 104962 |
| to pay costs of constructing, expanding, maintaining, operating, | 104963 |
| or promoting a convention center in the county, including paying | 104964 |
| bonds, or notes issued in anticipation of bonds, as provided by | 104965 |
| that chapter; | 104966 |
| (iii) That no portion of the revenue arising from the | 104967 |
| increase in rate need be returned to municipal corporations or | 104968 |
| townships as otherwise required under division (A)(1) of this | 104969 |
| section; | 104970 |
| (iv) That the increase in rate shall not be subject to | 104971 |
| diminution by initiative or referendum or by law while any bonds, | 104972 |
| or notes in anticipation of bonds, issued by the authority under | 104973 |
| Chapter 351. of the Revised Code to which the revenue is pledged, | 104974 |
| remain outstanding in accordance with their terms, unless | 104975 |
| provision is made by law or by the board of county commissioners | 104976 |
| for an adequate substitute therefor that is satisfactory to the | 104977 |
| trustee if a trust agreement secures the bonds. | 104978 |
| (b) Any board of county commissioners that, pursuant to | 104979 |
| division (A)(4)(a) of this section, has amended a resolution | 104980 |
| levying the tax authorized by division (A)(1) of this section may | 104981 |
| further amend the resolution to provide that the revenue referred | 104982 |
| to in division (A)(4)(a)(ii) of this section shall be pledged and | 104983 |
| contributed both to a convention facilities authority to pay the | 104984 |
| costs of constructing, expanding, maintaining, or operating one or | 104985 |
| more convention centers in the county, including paying bonds, or | 104986 |
| notes issued in anticipation of bonds, as provided in Chapter 351. | 104987 |
| of the Revised Code, and to a convention and visitors' bureau to | 104988 |
| pay the costs of promoting one or more convention centers in the | 104989 |
| county. | 104990 |
| As used in division (A)(4) of this section, "cost" has the | 104991 |
| same meaning as in section 351.01 of the Revised Code, and | 104992 |
| "convention center" has the same meaning as in section 307.695 of | 104993 |
| the Revised Code. | 104994 |
| (5)(a) As used in division (A)(5) of this section: | 104995 |
| (i) "Port authority" means a port authority created under | 104996 |
| Chapter 4582. of the Revised Code. | 104997 |
| (ii) "Port authority military-use facility" means port | 104998 |
| authority facilities on which or adjacent to which is located an | 104999 |
| installation of the armed forces of the United States, a reserve | 105000 |
| component thereof, or the national guard and at least part of | 105001 |
| which is made available for use, for consideration, by the armed | 105002 |
| forces of the United States, a reserve component thereof, or the | 105003 |
| national guard. | 105004 |
| (b) For the purpose of contributing revenue to pay operating | 105005 |
| expenses of a port authority that operates a port authority | 105006 |
| military-use facility, the board of county commissioners of a | 105007 |
| county that created, participated in the creation of, or has | 105008 |
| joined such a port authority may do one or both of the following: | 105009 |
| (i) Amend a resolution previously adopted under division | 105010 |
| (A)(1) of this section to designate some or all of the revenue | 105011 |
| from the tax levied under the resolution to be used for that | 105012 |
| purpose, notwithstanding that division; | 105013 |
| (ii) Amend a resolution previously adopted under division | 105014 |
| (A)(1) of this section to increase the rate of the tax by not more | 105015 |
| than an additional two per cent and use the revenue from the | 105016 |
| increase exclusively for that purpose. | 105017 |
| (c) If a board of county commissioners amends a resolution to | 105018 |
| increase the rate of a tax as authorized in division (A)(5)(b)(ii) | 105019 |
| of this section, the board also may amend the resolution to | 105020 |
| specify that the increase in rate of the tax does not apply to | 105021 |
| "hotels," as otherwise defined in section 5739.01 of the Revised | 105022 |
| Code, having fewer rooms used for the accommodation of guests than | 105023 |
| a number of rooms specified by the board. | 105024 |
| (6) A board of county commissioners of a county organized | 105025 |
| under a county charter adopted pursuant to Article X, Section 3, | 105026 |
| Ohio Constitution, and that levies an excise tax under division | 105027 |
| (A)(1) of this section at a rate of three per cent and levies an | 105028 |
| additional excise tax under division (E) of this section at a rate | 105029 |
| of one and one-half per cent may, by resolution adopted not later | 105030 |
| than January 1, 2008, by a majority of the members of the board, | 105031 |
| amend the resolution levying a tax under division (A)(1) of this | 105032 |
| section to provide for an increase in the rate of that tax by not | 105033 |
| more than an additional one per cent on transactions by which | 105034 |
| lodging by a hotel is or is to be furnished to transient guests. | 105035 |
| Notwithstanding divisions (A)(1) and (E) of this section, the | 105036 |
| resolution shall provide that all of the revenue from the increase | 105037 |
| in rate, after deducting the real and actual costs of | 105038 |
| administering the tax, shall be used to pay the costs of | 105039 |
| improving, expanding, equipping, financing, or operating a | 105040 |
| convention center by a convention and visitors' bureau in the | 105041 |
| county. The increase in rate shall remain in effect for the | 105042 |
| period specified in the resolution, not to exceed ten years. The | 105043 |
| increase in rate shall be subject to the regulations adopted | 105044 |
| under division (A)(1) of this section, except that the | 105045 |
| resolution may provide that no portion of the revenue from the | 105046 |
| increase in the rate shall be returned to townships or municipal | 105047 |
| corporations as would otherwise be required under that division. | 105048 |
| (7) Division (A)(7) of this section applies only to a county | 105049 |
| with a population greater than sixty-five thousand and less than | 105050 |
| seventy thousand according to the most recent federal decennial | 105051 |
| census and in which, on December 31, 2006, an excise tax is levied | 105052 |
| under division (A)(1) of this section at a rate not less than and | 105053 |
| not greater than three per cent, and in which the most recent | 105054 |
| increase in the rate of that tax was enacted or took effect in | 105055 |
| November 1984. | 105056 |
| The board of county commissioners of a county to which this | 105057 |
| division applies, by resolution adopted by a majority of the | 105058 |
| members of the board, may increase the rate of the tax by not more | 105059 |
| than one per cent on transactions by which lodging by a hotel is | 105060 |
| or is to be furnished to transient guests. The increase in rate | 105061 |
| shall be for the purpose of paying expenses deemed necessary by | 105062 |
| the convention and visitors' bureau operating in the county to | 105063 |
| promote travel and tourism. The increase in rate shall remain in | 105064 |
| effect for the period specified in the resolution, not to exceed | 105065 |
| twenty years, provided that the increase in rate may not continue | 105066 |
| beyond the time when the purpose for which the increase is levied | 105067 |
| ceases to exist. If revenue from the increase in rate is pledged | 105068 |
| to the payment of debt charges on securities, the increase in rate | 105069 |
| is not subject to diminution by initiative or referendum or by law | 105070 |
| for so long as the securities are outstanding, unless provision is | 105071 |
| made by law or by the board of county commissioners for an | 105072 |
| adequate substitute for that revenue that is satisfactory to the | 105073 |
| trustee if a trust agreement secures payment of the debt charges. | 105074 |
| The increase in rate shall be subject to the regulations adopted | 105075 |
| under division (A)(1) of this section, except that the resolution | 105076 |
| may provide that no portion of the revenue from the increase in | 105077 |
| the rate shall be returned to townships or municipal corporations | 105078 |
| as would otherwise be required under division (A)(1) of this | 105079 |
| section. A resolution adopted under division (A)(7) of this | 105080 |
| section is subject to referendum under sections 305.31 to 305.99 | 105081 |
| of the Revised Code. | 105082 |
| (B)(1) The legislative authority of a municipal corporation | 105083 |
| or the board of trustees of a township that is not wholly or | 105084 |
| partly located in a county that has in effect a resolution levying | 105085 |
| an excise tax pursuant to division (A)(1) of this section may, by | 105086 |
| ordinance or resolution, levy an excise tax not to exceed three | 105087 |
| per cent on transactions by which lodging by a hotel is or is to | 105088 |
| be furnished to transient guests. The legislative authority of the | 105089 |
| municipal corporation or the board of trustees of the township | 105090 |
| shall deposit at least fifty per cent of the revenue from the tax | 105091 |
| levied pursuant to this division into a separate fund, which shall | 105092 |
| be spent solely to make contributions to convention and visitors' | 105093 |
| bureaus operating within the county in which the municipal | 105094 |
| corporation or township is wholly or partly located, and the | 105095 |
| balance of that revenue shall be deposited in the general fund. | 105096 |
| The municipal corporation or township shall establish all | 105097 |
| regulations necessary to provide for the administration and | 105098 |
| allocation of the tax. The regulations may prescribe the time for | 105099 |
| payment of the tax, and may provide for the imposition of a | 105100 |
| penalty or interest, or both, for late payments, provided that the | 105101 |
| penalty does not exceed ten per cent of the amount of tax due, and | 105102 |
| the rate at which interest accrues does not exceed the rate per | 105103 |
| annum prescribed pursuant to section 5703.47 of the Revised Code. | 105104 |
| The levy of a tax under this division is in addition to any tax | 105105 |
| imposed on the same transaction by a municipal corporation or a | 105106 |
| township as authorized by division (A) of section 5739.08 of the | 105107 |
| Revised Code. | 105108 |
| (2)(a) The legislative authority of the most populous | 105109 |
| municipal corporation located wholly or partly in a county in | 105110 |
| which the board of county commissioners has levied a tax under | 105111 |
| division (A)(4) of this section may amend, on or before September | 105112 |
| 30, 2002, that municipal corporation's ordinance or resolution | 105113 |
| that levies an excise tax on transactions by which lodging by a | 105114 |
| hotel is or is to be furnished to transient guests, to provide for | 105115 |
| all of the following: | 105116 |
| (i) That the rate of the tax shall be increased by not more | 105117 |
| than an additional one per cent on each transaction; | 105118 |
| (ii) That all of the revenue from the increase in rate shall | 105119 |
| be pledged and contributed to a convention facilities authority | 105120 |
| established by the board of county commissioners under Chapter | 105121 |
| 351. of the Revised Code on or before May 15, 2002, and be used | 105122 |
| to pay costs of constructing, expanding, maintaining, operating, | 105123 |
| or promoting a convention center in the county, including paying | 105124 |
| bonds, or notes issued in anticipation of bonds, as provided by | 105125 |
| that chapter; | 105126 |
| (iii) That the increase in rate shall not be subject to | 105127 |
| diminution by initiative or referendum or by law while any bonds, | 105128 |
| or notes in anticipation of bonds, issued by the authority under | 105129 |
| Chapter 351. of the Revised Code to which the revenue is pledged, | 105130 |
| remain outstanding in accordance with their terms, unless | 105131 |
| provision is made by law, by the board of county commissioners, or | 105132 |
| by the legislative authority, for an adequate substitute therefor | 105133 |
| that is satisfactory to the trustee if a trust agreement secures | 105134 |
| the bonds. | 105135 |
| (b) The legislative authority of a municipal corporation | 105136 |
| that, pursuant to division (B)(2)(a) of this section, has amended | 105137 |
| its ordinance or resolution to increase the rate of the tax | 105138 |
| authorized by division (B)(1) of this section may further amend | 105139 |
| the ordinance or resolution to provide that the revenue referred | 105140 |
| to in division (B)(2)(a)(ii) of this section shall be pledged and | 105141 |
| contributed both to a convention facilities authority to pay the | 105142 |
| costs of constructing, expanding, maintaining, or operating one or | 105143 |
| more convention centers in the county, including paying bonds, or | 105144 |
| notes issued in anticipation of bonds, as provided in Chapter 351. | 105145 |
| of the Revised Code, and to a convention and visitors' bureau to | 105146 |
| pay the costs of promoting one or more convention centers in the | 105147 |
| county. | 105148 |
| As used in division (B)(2) of this section, "cost" has the | 105149 |
| same meaning as in section 351.01 of the Revised Code, and | 105150 |
| "convention center" has the same meaning as in section 307.695 of | 105151 |
| the Revised Code. | 105152 |
| (C) For the purposes described in section 307.695 of the | 105153 |
| Revised Code and to cover the costs of administering the tax, a | 105154 |
| board of county commissioners of a county where a tax imposed | 105155 |
| under division (A)(1) of this section is in effect may, by | 105156 |
| resolution adopted within ninety days after July 15, 1985, by a | 105157 |
| majority of the members of the board, levy an additional excise | 105158 |
| tax not to exceed three per cent on transactions by which lodging | 105159 |
| by a hotel is or is to be furnished to transient guests. The tax | 105160 |
| authorized by this division shall be in addition to any tax that | 105161 |
| is levied pursuant to division (A) of this section, but it shall | 105162 |
| not apply to transactions subject to a tax levied by a municipal | 105163 |
| corporation or township pursuant to the authorization granted by | 105164 |
| division (A) of section 5739.08 of the Revised Code. The board | 105165 |
| shall establish all regulations necessary to provide for the | 105166 |
| administration and allocation of the tax. The regulations may | 105167 |
| prescribe the time for payment of the tax, and may provide for the | 105168 |
| imposition of a penalty or interest, or both, for late payments, | 105169 |
| provided that the penalty does not exceed ten per cent of the | 105170 |
| amount of tax due, and the rate at which interest accrues does not | 105171 |
| exceed the rate per annum prescribed pursuant to section 5703.47 | 105172 |
| of the Revised Code. All revenues arising from the tax shall be | 105173 |
| expended in accordance with section 307.695 of the Revised Code. | 105174 |
| The board of county commissioners of an eligible county as defined | 105175 |
| in section 307.695 of the Revised Code may, by resolution adopted | 105176 |
| by a majority of the members of the board, amend the resolution | 105177 |
| levying a tax under this division to provide that the revenue from | 105178 |
| the tax shall be used by the board as described in division (H) of | 105179 |
| section 307.695 of the Revised Code. A tax imposed under this | 105180 |
| division shall remain in effect at the rate at which it is imposed | 105181 |
| for the duration of the period during which any agreement entered | 105182 |
| into by the board under section 307.695 of the Revised Code is in | 105183 |
| effect, the duration of the period during which any securities | 105184 |
| issued by the board under division (I) of section 307.695 of the | 105185 |
| Revised Code are outstanding, or the duration of the period during | 105186 |
| which the board owns a project as defined in section 307.695 of | 105187 |
| the Revised Code, whichever duration is longest. | 105188 |
| (D) For the purpose of providing contributions under division | 105189 |
| (B)(1) of section 307.671 of the Revised Code to enable the | 105190 |
| acquisition, construction, and equipping of a port authority | 105191 |
| educational and cultural facility in the county and, to the extent | 105192 |
| provided for in the cooperative agreement authorized by that | 105193 |
| section, for the purpose of paying debt service charges on bonds, | 105194 |
| or notes in anticipation of bonds, described in division (B)(1)(b) | 105195 |
| of that section, a board of county commissioners, by resolution | 105196 |
| adopted within ninety days after December 22, 1992, by a majority | 105197 |
| of the members of the board, may levy an additional excise tax not | 105198 |
| to exceed one and one-half per cent on transactions by which | 105199 |
| lodging by a hotel is or is to be furnished to transient guests. | 105200 |
| The excise tax authorized by this division shall be in addition to | 105201 |
| any tax that is levied pursuant to divisions (A), (B), and (C) of | 105202 |
| this section, to any excise tax levied pursuant to section 5739.08 | 105203 |
| of the Revised Code, and to any excise tax levied pursuant to | 105204 |
| section 351.021 of the Revised Code. The board of county | 105205 |
| commissioners shall establish all regulations necessary to provide | 105206 |
| for the administration and allocation of the tax that are not | 105207 |
| inconsistent with this section or section 307.671 of the Revised | 105208 |
| Code. The regulations may prescribe the time for payment of the | 105209 |
| tax, and may provide for the imposition of a penalty or interest, | 105210 |
| or both, for late payments, provided that the penalty does not | 105211 |
| exceed ten per cent of the amount of tax due, and the rate at | 105212 |
| which interest accrues does not exceed the rate per annum | 105213 |
| prescribed pursuant to section 5703.47 of the Revised Code. All | 105214 |
| revenues arising from the tax shall be expended in accordance with | 105215 |
| section 307.671 of the Revised Code and division (D) of this | 105216 |
| section. The levy of a tax imposed under this division may not | 105217 |
| commence prior to the first day of the month next following the | 105218 |
| execution of the cooperative agreement authorized by section | 105219 |
| 307.671 of the Revised Code by all parties to that agreement. The | 105220 |
| tax shall remain in effect at the rate at which it is imposed for | 105221 |
| the period of time described in division (C) of section 307.671 of | 105222 |
| the Revised Code for which the revenue from the tax has been | 105223 |
| pledged by the county to the corporation pursuant to that section, | 105224 |
| but, to any extent provided for in the cooperative agreement, for | 105225 |
| no lesser period than the period of time required for payment of | 105226 |
| the debt service charges on bonds, or notes in anticipation of | 105227 |
| bonds, described in division (B)(1)(b) of that section. | 105228 |
| (E) For the purpose of paying the costs of acquiring, | 105229 |
| constructing, equipping, and improving a municipal educational and | 105230 |
| cultural facility, including debt service charges on bonds | 105231 |
| provided for in division (B) of section 307.672 of the Revised | 105232 |
| Code, and for any additional purposes determined by the county in | 105233 |
| the resolution levying the tax or amendments to the resolution, | 105234 |
| including subsequent amendments providing for paying costs of | 105235 |
| acquiring, constructing, renovating, rehabilitating, equipping, | 105236 |
| and improving a port authority educational and cultural performing | 105237 |
| arts facility, as defined in section 307.674 of the Revised Code, | 105238 |
| and including debt service charges on bonds provided for in | 105239 |
| division (B) of section 307.674 of the Revised Code, the | 105240 |
| legislative authority of a county, by resolution adopted within | 105241 |
| ninety days after June 30, 1993, by a majority of the members of | 105242 |
| the legislative authority, may levy an additional excise tax not | 105243 |
| to exceed one and one-half per cent on transactions by which | 105244 |
| lodging by a hotel is or is to be furnished to transient guests. | 105245 |
| The excise tax authorized by this division shall be in addition to | 105246 |
| any tax that is levied pursuant to divisions (A), (B), (C), and | 105247 |
| (D) of this section, to any excise tax levied pursuant to section | 105248 |
| 5739.08 of the Revised Code, and to any excise tax levied pursuant | 105249 |
| to section 351.021 of the Revised Code. The legislative authority | 105250 |
| of the county shall establish all regulations necessary to provide | 105251 |
| for the administration and allocation of the tax. The regulations | 105252 |
| may prescribe the time for payment of the tax, and may provide for | 105253 |
| the imposition of a penalty or interest, or both, for late | 105254 |
| payments, provided that the penalty does not exceed ten per cent | 105255 |
| of the amount of tax due, and the rate at which interest accrues | 105256 |
| does not exceed the rate per annum prescribed pursuant to section | 105257 |
| 5703.47 of the Revised Code. All revenues arising from the tax | 105258 |
| shall be expended in accordance with section 307.672 of the | 105259 |
| Revised Code and this division. The levy of a tax imposed under | 105260 |
| this division shall not commence prior to the first day of the | 105261 |
| month next following the execution of the cooperative agreement | 105262 |
| authorized by section 307.672 of the Revised Code by all parties | 105263 |
| to that agreement. The tax shall remain in effect at the rate at | 105264 |
| which it is imposed for the period of time determined by the | 105265 |
| legislative authority of the county. That period of time shall | 105266 |
| not exceed fifteen years, except that the legislative authority | 105267 |
| of a county with a population of less than two hundred fifty | 105268 |
| thousand according to the most recent federal decennial census, | 105269 |
| by resolution adopted by a majority of its members before the | 105270 |
| original tax expires, may extend the duration of the tax for an | 105271 |
| additional period of time. The additional period of time by which | 105272 |
| a legislative authority extends a tax levied under this division | 105273 |
| shall not exceed fifteen years. | 105274 |
| (F) The legislative authority of a county that has levied a | 105275 |
| tax under division (E) of this section may, by resolution adopted | 105276 |
| within one hundred eighty days after January 4, 2001, by a | 105277 |
| majority of the members of the legislative authority, amend the | 105278 |
| resolution levying a tax under that division to provide for the | 105279 |
| use of the proceeds of that tax, to the extent that it is no | 105280 |
| longer needed for its original purpose as determined by the | 105281 |
| parties to a cooperative agreement amendment pursuant to division | 105282 |
| (D) of section 307.672 of the Revised Code, to pay costs of | 105283 |
| acquiring, constructing, renovating, rehabilitating, equipping, | 105284 |
| and improving a port authority educational and cultural performing | 105285 |
| arts facility, including debt service charges on bonds provided | 105286 |
| for in division (B) of section 307.674 of the Revised Code, and to | 105287 |
| pay all obligations under any guaranty agreements, reimbursement | 105288 |
| agreements, or other credit enhancement agreements described in | 105289 |
| division (C) of section 307.674 of the Revised Code. The | 105290 |
| resolution may also provide for the extension of the tax at the | 105291 |
| same rate for the longer of the period of time determined by the | 105292 |
| legislative authority of the county, but not to exceed an | 105293 |
| additional twenty-five years, or the period of time required to | 105294 |
| pay all debt service charges on bonds provided for in division (B) | 105295 |
| of section 307.672 of the Revised Code and on port authority | 105296 |
| revenue bonds provided for in division (B) of section 307.674 of | 105297 |
| the Revised Code. All revenues arising from the amendment and | 105298 |
| extension of the tax shall be expended in accordance with section | 105299 |
| 307.674 of the Revised Code, this division, and division (E) of | 105300 |
| this section. | 105301 |
| (G) For purposes of a tax levied by a county, township, or | 105302 |
| municipal corporation under this section or section 5739.08 of the | 105303 |
| Revised Code, a board of county commissioners, board of township | 105304 |
| trustees, or the legislative authority of a municipal corporation | 105305 |
| may adopt a resolution or ordinance at any time specifying that | 105306 |
| "hotel," as otherwise defined in section 5739.01 of the Revised | 105307 |
|
Code, includes
| 105308 |
| (1) Establishments in which fewer than five rooms are used | 105309 |
|
for the
accommodation of guests. | 105310 |
| (2) Establishments at which rooms are used for the | 105311 |
| accommodation of guests regardless of whether each room is | 105312 |
| accessible through its own keyed entry or several rooms are | 105313 |
| accessible through the same keyed entry; and, in determining the | 105314 |
| number of rooms, all rooms are included regardless of the number | 105315 |
| of structures in which the rooms are situated or the number of | 105316 |
| parcels of land on which the structures are located if the | 105317 |
| structures are under the same ownership and the structures are not | 105318 |
| identified in advertisements of the accommodations as distinct | 105319 |
| establishments. For the purposes of division (G)(2) of this | 105320 |
| section, two or more structures are under the same ownership if | 105321 |
| they are owned by the same person, or if they are owned by two or | 105322 |
| more persons the majority of the ownership interests of which are | 105323 |
| owned by the same person. | 105324 |
| The resolution or ordinance may apply to a tax imposed | 105325 |
| pursuant to this section prior to the adoption of the resolution | 105326 |
| or ordinance if the resolution or ordinance so states, but the tax | 105327 |
| shall not apply to transactions by which lodging by such an | 105328 |
| establishment is provided to transient guests prior to the | 105329 |
| adoption of the resolution or ordinance. | 105330 |
| (H)(1) As used in this division: | 105331 |
| (a) "Convention facilities authority" has the same meaning as | 105332 |
| in section 351.01 of the Revised Code. | 105333 |
| (b) "Convention center" has the same meaning as in section | 105334 |
| 307.695 of the Revised Code. | 105335 |
| (2) Notwithstanding any contrary provision of division (D) of | 105336 |
| this section, the legislative authority of a county with a | 105337 |
| population of one million or more according to the most recent | 105338 |
| federal decennial census that has levied a tax under division (D) | 105339 |
| of this section may, by resolution adopted by a majority of the | 105340 |
| members of the legislative authority, provide for the extension of | 105341 |
| such levy and may provide that the proceeds of that tax, to the | 105342 |
| extent that they are no longer needed for their original purpose | 105343 |
| as defined by a cooperative agreement entered into under section | 105344 |
| 307.671 of the Revised Code, shall be deposited into the county | 105345 |
| general revenue fund. The resolution shall provide for the | 105346 |
| extension of the tax at a rate not to exceed the rate specified in | 105347 |
| division (D) of this section for a period of time determined by | 105348 |
| the legislative authority of the county, but not to exceed an | 105349 |
| additional forty years. | 105350 |
| (3) The legislative authority of a county with a population | 105351 |
| of one million or more that has levied a tax under division (A)(1) | 105352 |
| of this section may, by resolution adopted by a majority of the | 105353 |
| members of the legislative authority, increase the rate of the tax | 105354 |
| levied by such county under division (A)(1) of this section to a | 105355 |
| rate not to exceed five per cent on transactions by which lodging | 105356 |
| by a hotel is or is to be furnished to transient guests. | 105357 |
| Notwithstanding any contrary provision of division (A)(1) of this | 105358 |
| section, the resolution may provide that all collections resulting | 105359 |
| from the rate levied in excess of three per cent, after deducting | 105360 |
| the real and actual costs of administering the tax, shall be | 105361 |
| deposited in the county general fund. | 105362 |
| (4) The legislative authority of a county with a population | 105363 |
| of one million or more that has levied a tax under division (A)(1) | 105364 |
| of this section may, by resolution adopted on or before August 30, | 105365 |
| 2004, by a majority of the members of the legislative authority, | 105366 |
| provide that all or a portion of the proceeds of the tax levied | 105367 |
| under division (A)(1) of this section, after deducting the real | 105368 |
| and actual costs of administering the tax and the amounts required | 105369 |
| to be returned to townships and municipal corporations with | 105370 |
| respect to the first three per cent levied under division (A)(1) | 105371 |
| of this section, shall be deposited in the county general fund, | 105372 |
| provided that such proceeds shall be used to satisfy any pledges | 105373 |
| made in connection with an agreement entered into under section | 105374 |
| 307.695 of the Revised Code. | 105375 |
| (5) No amount collected from a tax levied, extended, or | 105376 |
| required to be deposited in the county general fund under division | 105377 |
| (H) of this section shall be contributed to a convention | 105378 |
| facilities authority, corporation, or other entity created after | 105379 |
| July 1, 2003, for the principal purpose of constructing, | 105380 |
| improving, expanding, equipping, financing, or operating a | 105381 |
| convention center unless the mayor of the municipal corporation | 105382 |
| in which the convention center is to be operated by that | 105383 |
| convention facilities authority, corporation, or other entity | 105384 |
| has consented to the creation of that convention facilities | 105385 |
| authority, corporation, or entity. Notwithstanding any contrary | 105386 |
| provision of section 351.04 of the Revised Code, if a tax is | 105387 |
| levied by a county under division (H) of this section, the board | 105388 |
| of county commissioners of that county may determine the manner | 105389 |
| of selection, the qualifications, the number, and terms of | 105390 |
| office of the members of the board of directors of any convention | 105391 |
| facilities authority, corporation, or other entity described in | 105392 |
| division (H)(5) of this section. | 105393 |
| (6)(a) No amount collected from a tax levied, extended, or | 105394 |
| required to be deposited in the county general fund under division | 105395 |
| (H) of this section may be used for any purpose other than paying | 105396 |
| the direct and indirect costs of constructing, improving, | 105397 |
| expanding, equipping, financing, or operating a convention center | 105398 |
| and for the real and actual costs of administering the tax, | 105399 |
| unless, prior to the adoption of the resolution of the | 105400 |
| legislative authority of the county authorizing the levy, | 105401 |
| extension, increase, or deposit, the county and the mayor of the | 105402 |
| most populous municipal corporation in that county have entered | 105403 |
| into an agreement as to the use of such amounts, provided that | 105404 |
| such agreement has been approved by a majority of the mayors of | 105405 |
| the other municipal corporations in that county. The agreement | 105406 |
| shall provide that the amounts to be used for purposes other | 105407 |
| than paying the convention center or administrative costs | 105408 |
| described in division (H)(6)(a) of this section be used only for | 105409 |
| the direct and indirect costs of capital improvements, including | 105410 |
| the financing of capital improvements. | 105411 |
| (b) If the county in which the tax is levied has an | 105412 |
| association of mayors and city managers, the approval of that | 105413 |
| association of an agreement described in division (H)(6)(a) of | 105414 |
| this section shall be considered to be the approval of the | 105415 |
| majority of the mayors of the other municipal corporations for | 105416 |
| purposes of that division. | 105417 |
| (7) Each year, the auditor of state shall conduct an audit of | 105418 |
| the uses of any amounts collected from taxes levied, extended, or | 105419 |
| deposited under division (H) of this section and shall prepare a | 105420 |
| report of the auditor of state's findings. The auditor of state | 105421 |
| shall submit the report to the legislative authority of the county | 105422 |
| that has levied, extended, or deposited the tax, the speaker of | 105423 |
| the house of representatives, the president of the senate, and the | 105424 |
| leaders of the minority parties of the house of representatives | 105425 |
| and the senate. | 105426 |
| (I)(1) As used in this division: | 105427 |
| (a) "Convention facilities authority" has the same meaning as | 105428 |
| in section 351.01 of the Revised Code. | 105429 |
| (b) "Convention center" has the same meaning as in section | 105430 |
| 307.695 of the Revised Code. | 105431 |
| (2) Notwithstanding any contrary provision of division (D) of | 105432 |
| this section, the legislative authority of a county with a | 105433 |
| population of one million two hundred thousand or more according | 105434 |
| to the most recent federal decennial census or the most recent | 105435 |
| annual population estimate published or released by the United | 105436 |
| States census bureau at the time the resolution is adopted placing | 105437 |
| the levy on the ballot, that has levied a tax under division (D) | 105438 |
| of this section may, by resolution adopted by a majority of the | 105439 |
| members of the legislative authority, provide for the extension of | 105440 |
| such levy and may provide that the proceeds of that tax, to the | 105441 |
| extent that the proceeds are no longer needed for their original | 105442 |
| purpose as defined by a cooperative agreement entered into under | 105443 |
| section 307.671 of the Revised Code and after deducting the real | 105444 |
| and actual costs of administering the tax, shall be used for | 105445 |
| paying the direct and indirect costs of constructing, improving, | 105446 |
| expanding, equipping, financing, or operating a convention center. | 105447 |
| The resolution shall provide for the extension of the tax at a | 105448 |
| rate not to exceed the rate specified in division (D) of this | 105449 |
| section for a period of time determined by the legislative | 105450 |
| authority of the county, but not to exceed an additional forty | 105451 |
| years. | 105452 |
| (3) The legislative authority of a county with a population | 105453 |
| of one million two hundred thousand or more that has levied a tax | 105454 |
| under division (A)(1) of this section may, by resolution adopted | 105455 |
| by a majority of the members of the legislative authority, | 105456 |
| increase the rate of the tax levied by such county under division | 105457 |
| (A)(1) of this section to a rate not to exceed five per cent on | 105458 |
| transactions by which lodging by a hotel is or is to be furnished | 105459 |
| to transient guests. Notwithstanding any contrary provision of | 105460 |
| division (A)(1) of this section, the resolution shall provide that | 105461 |
| all collections resulting from the rate levied in excess of three | 105462 |
| per cent, after deducting the real and actual costs of | 105463 |
| administering the tax, shall be used for paying the direct and | 105464 |
| indirect costs of constructing, improving, expanding, equipping, | 105465 |
| financing, or operating a convention center. | 105466 |
| (4) The legislative authority of a county with a population | 105467 |
| of one million two hundred thousand or more that has levied a tax | 105468 |
| under division (A)(1) of this section may, by resolution adopted | 105469 |
| on or before July 1, 2008, by a majority of the members of the | 105470 |
| legislative authority, provide that all or a portion of the | 105471 |
| proceeds of the tax levied under division (A)(1) of this section, | 105472 |
| after deducting the real and actual costs of administering the tax | 105473 |
| and the amounts required to be returned to townships and municipal | 105474 |
| corporations with respect to the first three per cent levied under | 105475 |
| division (A)(1) of this section, shall be used to satisfy any | 105476 |
| pledges made in connection with an agreement entered into under | 105477 |
| section 307.695 of the Revised Code or shall otherwise be used for | 105478 |
| paying the direct and indirect costs of constructing, improving, | 105479 |
| expanding, equipping, financing, or operating a convention center. | 105480 |
| (5) Any amount collected from a tax levied or extended under | 105481 |
| division (I) of this section may be contributed to a convention | 105482 |
| facilities authority created before July 1, 2005, but no amount | 105483 |
| collected from a tax levied or extended under division (I) of this | 105484 |
| section may be contributed to a convention facilities authority, | 105485 |
| corporation, or other entity created after July 1, 2005, unless | 105486 |
| the mayor of the municipal corporation in which the convention | 105487 |
| center is to be operated by that convention facilities authority, | 105488 |
| corporation, or other entity has consented to the creation of that | 105489 |
| convention facilities authority, corporation, or entity. | 105490 |
| Sec. 5739.131. Any nonresident of this state who accepts the | 105491 |
| privilege extended by the laws of this state to nonresidents of | 105492 |
| engaging in the business of selling in this state, as defined in | 105493 |
| section 5741.01 of the Revised Code, and any resident of this | 105494 |
| state who is required by sections 5739.17 and 5739.31 of the | 105495 |
| Revised Code to have a vendor's license and subsequently becomes a | 105496 |
|
nonresident or conceals | 105497 |
|
secretary of state | 105498 |
| process or notice in any assessment, action, or proceedings | 105499 |
| instituted in this state against such person under sections | 105500 |
| 5739.01 to 5739.31 and 5741.01 to 5741.22 of the Revised Code. | 105501 |
| Such process or notice shall be served | 105502 |
| 105503 | |
| 105504 | |
| 105505 | |
| 105506 | |
| 105507 | |
| 105508 | |
| 105509 | |
| 105510 | |
| 105511 | |
| 105512 |
| Sec. 5743.15. (A) | 105513 |
| division, no person shall engage in this state in the wholesale | 105514 |
| or retail business of trafficking in cigarettes or in the | 105515 |
| business of a manufacturer or importer of cigarettes without | 105516 |
| having a license to conduct each such activity issued by a county | 105517 |
| auditor under division (B) of this section or the tax | 105518 |
|
commissioner under | 105519 |
|
section | 105520 |
| death, the surviving partner may operate under the license of the | 105521 |
| partnership until expiration of the license, and the heirs or | 105522 |
| legal representatives of deceased persons, and receivers and | 105523 |
| trustees in bankruptcy appointed by any competent authority, may | 105524 |
| operate under the license of the person succeeded in possession | 105525 |
| by such heir, representative, receiver, or trustee in bankruptcy | 105526 |
| if the partner or successor notifies the auditor or commissioner | 105527 |
| of the dissolution or succession within thirty days after the | 105528 |
| dissolution or succession. | 105529 |
| (B)(1) Each applicant for a license to engage in the | 105530 |
| 105531 | |
| this section, annually, on or before the fourth Monday of May, | 105532 |
| shall make and deliver to the county auditor of the county in | 105533 |
|
which the
applicant
desires to engage in
the | 105534 |
| business of trafficking in cigarettes, upon a blank form | 105535 |
| furnished by such auditor for that purpose, a statement showing | 105536 |
| the name of the applicant, each physical place in the county | 105537 |
| where the applicant's business is conducted, the nature of the | 105538 |
| business, and any other information the tax commissioner requires | 105539 |
| in the form of statement prescribed by the commissioner. If the | 105540 |
| applicant is a firm, partnership, or association other than a | 105541 |
| corporation, the application shall state the name and address of | 105542 |
| each of its members. If the applicant is a corporation, the | 105543 |
| application shall state the name and address of each of its | 105544 |
| officers. At the time of making the application required by this | 105545 |
|
section, every person
| 105546 |
| 105547 | |
| 105548 | |
| desiring to engage in the retail business of trafficking in | 105549 |
|
cigarettes | 105550 |
|
of | 105551 |
| 105552 | |
|
such business | 105553 |
| Each place of business shall be deemed such space, under lease or | 105554 |
| license to, or under the control of, or under the supervision of | 105555 |
| the applicant, as is contained in one or more contiguous, | 105556 |
| adjacent, or adjoining buildings constituting an industrial plant | 105557 |
| or a place of business operated by, or under the control of, one | 105558 |
| person, or under one roof and connected by doors, halls, | 105559 |
| stairways, or elevators, which space may contain any number of | 105560 |
| points at which cigarettes are offered for sale, provided that | 105561 |
| each additional point at which cigarettes are offered for sale | 105562 |
| shall be listed in the application. | 105563 |
| (2) Upon receipt of the application and exhibition of the | 105564 |
|
county
treasurer's receipt showing the
payment of the | 105565 |
| application fee, the county auditor shall issue to the applicant | 105566 |
| a license for each place of business designated in the | 105567 |
| application, authorizing the applicant to engage in such business | 105568 |
| at such place for one year commencing on the fourth Monday of | 105569 |
|
May. | 105570 |
| 105571 | |
| 105572 | |
| 105573 | |
| the commissioner. A duplicate license may be obtained from the | 105574 |
|
county auditor upon payment of a | 105575 |
| the original license is lost, destroyed, or defaced. When an | 105576 |
|
application is
filed after the fourth Monday of May, the
| 105577 |
| 105578 | |
| amount to the remainder of the license year, except that it shall | 105579 |
|
not be
less than | 105580 |
| dollars in any one year. | 105581 |
| (3) The holder of a | 105582 |
| license may transfer the license to a place of business within the | 105583 |
|
same county other than that designated on the license | 105584 |
| 105585 | |
|
condition that the | 105586 |
| 105587 | |
| structure remain unchanged, and that the license applies to the | 105588 |
| county auditor therefor, upon forms approved by the commissioner | 105589 |
|
and the payment of a fee of
| 105590 |
| county treasury. | 105591 |
| (C)(1) Each applicant for a license to engage in the | 105592 |
| wholesale business of trafficking in cigarettes under this | 105593 |
| section, annually, on or before the fourth Monday in May, shall | 105594 |
| make and deliver to the tax commissioner, upon a blank form | 105595 |
| furnished by the commissioner for that purpose, a statement | 105596 |
| showing the name of the applicant, physical street address where | 105597 |
| the applicant's business is conducted, the nature of the business, | 105598 |
| and any other information required by the commissioner. If the | 105599 |
| applicant is a firm, partnership, or association other than a | 105600 |
| corporation, the applicant shall state the name and address of | 105601 |
| each of its members. If the applicant is a corporation, the | 105602 |
| applicant shall state the name and address of each of its | 105603 |
| officers. At the time of making the application required by this | 105604 |
| section, every person desiring to engage in the wholesale business | 105605 |
| of trafficking in cigarettes shall pay an application fee of one | 105606 |
| thousand dollars for each physical place where the person proposes | 105607 |
| to carry on such business. Each place of business shall be deemed | 105608 |
| such space, under lease or license to, or under the control of, or | 105609 |
| under the supervision of the applicant, as is contained in one or | 105610 |
| more contiguous, adjacent, or adjoining buildings constituting an | 105611 |
| industrial plant or a place of business operated by, or under the | 105612 |
| control of, one person, or under one roof and connected by doors, | 105613 |
| halls, stairways, or elevators. A duplicate license may be | 105614 |
| obtained from the commissioner upon payment of a | 105615 |
| twenty-five-dollar fee if the original license is lost, destroyed, | 105616 |
| or defaced. | 105617 |
| (2) Upon receipt of the application and payment of any | 105618 |
| application fee required by this section, the commissioner shall | 105619 |
| verify that the applicant is in good standing under Chapter 1346. | 105620 |
| and Title LVII of the Revised Code. Upon approval, the | 105621 |
| commissioner shall issue to the applicant a license for each | 105622 |
| physical place of business designated in the application | 105623 |
| authorizing the applicant to engage in business at that location | 105624 |
| for one year commencing on the fourth Monday in May. For licenses | 105625 |
| issued after the fourth Monday in May, the application fee shall | 105626 |
| be reduced proportionately by the remainder of the twelve-month | 105627 |
| period for which the license is issued, except that the | 105628 |
| application fee required to be paid under this section shall be | 105629 |
| not less than two hundred dollars in any one year. | 105630 |
| (3) The holder of a wholesale dealer cigarette license may | 105631 |
| transfer the license to a place of business other than that | 105632 |
| designated on the license on condition that the licensee's | 105633 |
| ownership or business structure remains unchanged, and that the | 105634 |
| licensee applies to the commissioner for such a transfer upon a | 105635 |
| form promulgated by the commissioner and pays a fee of twenty-five | 105636 |
| dollars, which shall be deposited into the cigarette tax | 105637 |
| enforcement fund created in division (E) of this section. | 105638 |
| (D)(1) The wholesale cigarette license | 105639 |
| application fees collected under this section shall be | 105640 |
| 105641 |
| | 105642 |
| 105643 | |
| 105644 | |
| 105645 |
| | 105646 |
| 105647 |
| | 105648 |
|
cigarette tax enforcement fund | 105649 |
| 105650 |
| (2) The | 105651 |
|
collected | 105652 |
| 105653 | |
| 105654 | |
| as follows: | 105655 |
| (a) | 105656 |
| the warrant of the county auditor into the treasury of the | 105657 |
| municipal corporation or township in which the places of business | 105658 |
| for which the tax revenue was received are located; | 105659 |
| (b) | 105660 |
| the general fund of the county; | 105661 |
| (c) | 105662 |
|
tax
enforcement fund | 105663 |
| (3) The remainder of the revenues and fines collected under | 105664 |
| this section and the penal laws relating to cigarettes shall be | 105665 |
| distributed as follows: | 105666 |
| (a) Three-fourths shall be paid upon the warrant of the | 105667 |
| county auditor into the treasury of the municipal corporation or | 105668 |
| township in which the place of business, on account of which the | 105669 |
| revenues and fines were received, is located; | 105670 |
| (b) One-fourth shall be credited to the general fund of the | 105671 |
| county. | 105672 |
| | 105673 |
| cigarette tax enforcement fund for the purpose of providing funds | 105674 |
| to assist in paying the costs of enforcing sections 1333.11 to | 105675 |
| 1333.21 and Chapter 5743. of the Revised Code. | 105676 |
| The portion of cigarette license | 105677 |
| fees received by a county auditor during the annual application | 105678 |
|
period that ends
| 105679 |
| is required to be deposited in the cigarette tax enforcement fund | 105680 |
| shall be sent to the treasurer of state by the thirtieth day of | 105681 |
| June each year accompanied by the form prescribed by the tax | 105682 |
|
commissioner. The
portion of cigarette license | 105683 |
| application fees received by each county auditor after the fourth | 105684 |
|
Monday in May | 105685 |
| cigarette tax enforcement fund shall be sent to the treasurer of | 105686 |
|
state by the | 105687 |
| following the month in which such fees were collected. | 105688 |
| | 105689 |
| of a manufacturer or importer of cigarettes shall, annually, on | 105690 |
| or before the fourth Monday of May, make and deliver to the tax | 105691 |
| commissioner, upon a blank form furnished by the commissioner for | 105692 |
| that purpose, a statement showing the name of the applicant, the | 105693 |
| nature of the applicant's business, and any other information | 105694 |
| required by the commissioner. If the applicant is a firm, | 105695 |
| partnership, or association other than a corporation, the | 105696 |
| applicant shall state the name and address of each of its | 105697 |
| members. If the applicant is a corporation, the applicant shall | 105698 |
| state the name and address of each of its officers. | 105699 |
| (2) Upon receipt of the application and payment of the fee | 105700 |
| required under this section, the commissioner shall verify that | 105701 |
| the applicant is in good standing under Chapter 1346. and Title | 105702 |
| LVII of the Revised Code. Upon approval, the commissioner shall | 105703 |
| issue to the applicant a license authorizing the applicant to | 105704 |
| engage in the business of manufacturer or importer, whichever the | 105705 |
| case may be, for one year commencing on the fourth Monday of May. | 105706 |
| | 105707 |
| this section to a manufacturer does not excuse a manufacturer | 105708 |
| from the certification process required under section 1346.05 of | 105709 |
| the Revised Code. A manufacturer who is issued a license under | 105710 |
|
division | 105711 |
| directory required under section 1346.05 of the Revised Code shall | 105712 |
| not be permitted to sell cigarettes in this state other than to a | 105713 |
| licensed cigarette wholesaler for sale outside this state. Such a | 105714 |
| manufacturer shall provide documentation to the commissioner | 105715 |
| evidencing that the cigarettes are legal for sale in another | 105716 |
| state. | 105717 |
| | 105718 |
|
administer | 105719 |
| Sec. 5743.61. (A) | 105720 |
| division, no distributor shall engage in the business of | 105721 |
| distributing tobacco products within this state without having a | 105722 |
| license issued by the department of taxation to engage in that | 105723 |
|
business | 105724 |
| death, the surviving partner may operate under the license of the | 105725 |
| partnership until the expiration of the license, and the heirs or | 105726 |
| legal representatives of deceased persons, and receivers and | 105727 |
| trustees in bankruptcy appointed by any competent authority, may | 105728 |
| operate under the license of the person succeeded in possession by | 105729 |
| the heir, representative, receiver, or trustee in bankruptcy if | 105730 |
| the partner or successor notifies the department of taxation of | 105731 |
| the dissolution or succession within thirty days after the | 105732 |
| dissolution or succession. | 105733 |
| (B)(1) Each applicant for a license to engage in the business | 105734 |
| of distributing tobacco products, annually, on or before the first | 105735 |
| day of February, shall make and deliver to the tax commissioner, | 105736 |
| upon a form furnished by the commissioner for that purpose, a | 105737 |
| statement showing the name of the applicant, each physical place | 105738 |
| from which the applicant distributes to distributors, retail | 105739 |
| dealers, or wholesale dealers, and any other information the | 105740 |
| commissioner considers necessary for the administration of | 105741 |
| sections 5743.51 to 5743.66 of the Revised Code. | 105742 |
| (2) At the time of making the license application, the | 105743 |
|
applicant shall pay | 105744 |
| thousand dollars
for each
place listed | 105745 |
|
where | 105746 |
|
fee charged for the
| 105747 |
| application and shall be made payable to the treasurer of state | 105748 |
| for deposit into the cigarette tax enforcement fund. | 105749 |
| (3) Upon receipt of the application and payment of any | 105750 |
| licensing fee required by this section, the commissioner shall | 105751 |
| issue to the applicant a license for each place of distribution | 105752 |
| designated in the application authorizing the applicant to engage | 105753 |
| in business at that location for one year commencing on the first | 105754 |
| day of February. For licenses issued after the first day of | 105755 |
| February, the license application fee shall be reduced | 105756 |
| proportionately by the remainder of the twelve-month period for | 105757 |
| which the license is issued, except that the application fee | 105758 |
| required to be paid under this section shall be not less than two | 105759 |
| hundred dollars. If the original license is lost, destroyed, or | 105760 |
| defaced, a duplicate license may be obtained from the | 105761 |
| commissioner upon payment of a license replacement fee of | 105762 |
| twenty-five dollars. | 105763 |
| (C) The holder of a tobacco products license may transfer the | 105764 |
|
license to a place of business | 105765 |
| 105766 | |
|
and business structure remains unchanged and the licensee | 105767 |
| 105768 | |
| on a form issued by the commissioner, and pays a transfer fee of | 105769 |
| twenty-five dollars. | 105770 |
| (D) If a distributor fails to file | 105771 |
| required under Chapter 1346. or section 5743.52 of the Revised | 105772 |
|
Code | 105773 |
| periods or three | 105774 |
| the commissioner may suspend the license issued to the distributor | 105775 |
| under this section. The suspension is effective ten days after the | 105776 |
| commissioner notifies the distributor of the suspension in | 105777 |
| writing personally or by certified mail. The commissioner shall | 105778 |
| lift the suspension when the distributor files the delinquent | 105779 |
| 105780 | |
| interest, and additional charges. The commissioner may refuse to | 105781 |
| issue the annual renewal of the license required by this section | 105782 |
| and may refuse to issue a new license for the same location until | 105783 |
|
all delinquent | 105784 |
| paid. This division does not apply to any unpaid or underpaid tax | 105785 |
|
liability that is the
subject of a | 105786 |
| filed pursuant to section 5743.56, 5717.02, or 5717.04 of the | 105787 |
| Revised Code. | 105788 |
| Sec. 5747.01. Except as otherwise expressly provided or | 105789 |
| clearly appearing from the context, any term used in this chapter | 105790 |
| that is not otherwise defined in this section has the same meaning | 105791 |
| as when used in a comparable context in the laws of the United | 105792 |
| States relating to federal income taxes or if not used in a | 105793 |
| comparable context in those laws, has the same meaning as in | 105794 |
| section 5733.40 of the Revised Code. Any reference in this chapter | 105795 |
| to the Internal Revenue Code includes other laws of the United | 105796 |
| States relating to federal income taxes. | 105797 |
| As used in this chapter: | 105798 |
| (A) "Adjusted gross income" or "Ohio adjusted gross income" | 105799 |
| means federal adjusted gross income, as defined and used in the | 105800 |
| Internal Revenue Code, adjusted as provided in this section: | 105801 |
| (1) Add interest or dividends on obligations or securities of | 105802 |
| any state or of any political subdivision or authority of any | 105803 |
| state, other than this state and its subdivisions and authorities. | 105804 |
| (2) Add interest or dividends on obligations of any | 105805 |
| authority, commission, instrumentality, territory, or possession | 105806 |
| of the United States to the extent that the interest or dividends | 105807 |
| are exempt from federal income taxes but not from state income | 105808 |
| taxes. | 105809 |
| (3) Deduct interest or dividends on obligations of the United | 105810 |
| States and its territories and possessions or of any authority, | 105811 |
| commission, or instrumentality of the United States to the extent | 105812 |
| that the interest or dividends are included in federal adjusted | 105813 |
| gross income but exempt from state income taxes under the laws of | 105814 |
| the United States. | 105815 |
| (4) Deduct disability and survivor's benefits to the extent | 105816 |
| included in federal adjusted gross income. | 105817 |
| (5) Deduct benefits under Title II of the Social Security Act | 105818 |
| and tier 1 railroad retirement benefits to the extent included in | 105819 |
| federal adjusted gross income under section 86 of the Internal | 105820 |
| Revenue Code. | 105821 |
| (6) In the case of a taxpayer who is a beneficiary of a trust | 105822 |
| that makes an accumulation distribution as defined in section 665 | 105823 |
| of the Internal Revenue Code, add, for the beneficiary's taxable | 105824 |
| years beginning before 2002, the portion, if any, of such | 105825 |
| distribution that does not exceed the undistributed net income of | 105826 |
| the trust for the three taxable years preceding the taxable year | 105827 |
| in which the distribution is made to the extent that the portion | 105828 |
| was not included in the trust's taxable income for any of the | 105829 |
| trust's taxable years beginning in 2002 or thereafter. | 105830 |
| "Undistributed net income of a trust" means the taxable income of | 105831 |
| the trust increased by (a)(i) the additions to adjusted gross | 105832 |
| income required under division (A) of this section and (ii) the | 105833 |
| personal exemptions allowed to the trust pursuant to section | 105834 |
| 642(b) of the Internal Revenue Code, and decreased by (b)(i) the | 105835 |
| deductions to adjusted gross income required under division (A) of | 105836 |
| this section, (ii) the amount of federal income taxes attributable | 105837 |
| to such income, and (iii) the amount of taxable income that has | 105838 |
| been included in the adjusted gross income of a beneficiary by | 105839 |
| reason of a prior accumulation distribution. Any undistributed net | 105840 |
| income included in the adjusted gross income of a beneficiary | 105841 |
| shall reduce the undistributed net income of the trust commencing | 105842 |
| with the earliest years of the accumulation period. | 105843 |
| (7) Deduct the amount of wages and salaries, if any, not | 105844 |
| otherwise allowable as a deduction but that would have been | 105845 |
| allowable as a deduction in computing federal adjusted gross | 105846 |
| income for the taxable year, had the targeted jobs credit allowed | 105847 |
| and determined under sections 38, 51, and 52 of the Internal | 105848 |
| Revenue Code not been in effect. | 105849 |
| (8) Deduct any interest or interest equivalent on public | 105850 |
| obligations and purchase obligations to the extent that the | 105851 |
| interest or interest equivalent is included in federal adjusted | 105852 |
| gross income. | 105853 |
| (9) Add any loss or deduct any gain resulting from the sale, | 105854 |
| exchange, or other disposition of public obligations to the extent | 105855 |
| that the loss has been deducted or the gain has been included in | 105856 |
| computing federal adjusted gross income. | 105857 |
| (10) Deduct or add amounts, as provided under section | 105858 |
| 5747.70 of the Revised Code, related to contributions to variable | 105859 |
| college savings program accounts made or tuition units purchased | 105860 |
| pursuant to Chapter 3334. of the Revised Code. | 105861 |
| (11)(a) Deduct, to the extent not otherwise allowable as a | 105862 |
| deduction or exclusion in computing federal or Ohio adjusted gross | 105863 |
| income for the taxable year, the amount the taxpayer paid during | 105864 |
| the taxable year for medical care insurance and qualified | 105865 |
| long-term care insurance for the taxpayer, the taxpayer's spouse, | 105866 |
| and dependents. No deduction for medical care insurance under | 105867 |
| division (A)(11) of this section shall be allowed either to any | 105868 |
| taxpayer who is eligible to participate in any subsidized health | 105869 |
| plan maintained by any employer of the taxpayer or of the | 105870 |
| taxpayer's spouse, or to any taxpayer who is entitled to, or on | 105871 |
| application would be entitled to, benefits under part A of Title | 105872 |
| XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 105873 |
| 301, as amended. For the purposes of division (A)(11)(a) of this | 105874 |
| section, "subsidized health plan" means a health plan for which | 105875 |
| the employer pays any portion of the plan's cost. The deduction | 105876 |
| allowed under division (A)(11)(a) of this section shall be the | 105877 |
| net of any related premium refunds, related premium | 105878 |
| reimbursements, or related insurance premium dividends received | 105879 |
| during the taxable year. | 105880 |
| (b) Deduct, to the extent not otherwise deducted or excluded | 105881 |
| in computing federal or Ohio adjusted gross income during the | 105882 |
| taxable year, the amount the taxpayer paid during the taxable | 105883 |
| year, not compensated for by any insurance or otherwise, for | 105884 |
| medical care of the taxpayer, the taxpayer's spouse, and | 105885 |
| dependents, to the extent the expenses exceed seven and one-half | 105886 |
| per cent of the taxpayer's federal adjusted gross income. | 105887 |
| (c) Deduct, to the extent not otherwise deducted or excluded | 105888 |
| in computing federal or Ohio adjusted gross income, any amount | 105889 |
| included in federal adjusted gross income under section 105 or not | 105890 |
| excluded under section 106 of the Internal Revenue Code solely | 105891 |
| because it relates to an accident and health plan for a person who | 105892 |
| otherwise would be a "qualifying relative" and thus a "dependent" | 105893 |
| under section 152 of the Internal Revenue Code but for the fact | 105894 |
| that the person fails to meet the income and support limitations | 105895 |
| under section 152(d)(1)(B) and (C) of the Internal Revenue Code. | 105896 |
| (d) For purposes of division (A)(11) of this section, | 105897 |
| "medical care" has the meaning given in section 213 of the | 105898 |
| Internal Revenue Code, subject to the special rules, limitations, | 105899 |
| and exclusions set forth therein, and "qualified long-term care" | 105900 |
| has the same meaning given in section 7702B(c) of the Internal | 105901 |
| Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c) | 105902 |
| of this section, "dependent" includes a person who otherwise | 105903 |
| would be a "qualifying relative" and thus a "dependent" under | 105904 |
| section 152 of the Internal Revenue Code but for the fact that | 105905 |
| the person fails to meet the income and support limitations under | 105906 |
| section 152(d)(1)(B) and (C) of the Internal Revenue Code. | 105907 |
| (12)(a) Deduct any amount included in federal adjusted gross | 105908 |
| income solely because the amount represents a reimbursement or | 105909 |
| refund of expenses that in any year the taxpayer had deducted as | 105910 |
| an itemized deduction pursuant to section 63 of the Internal | 105911 |
| Revenue Code and applicable United States department of the | 105912 |
| treasury regulations. The deduction otherwise allowed under | 105913 |
| division (A)(12)(a) of this section shall be reduced to the extent | 105914 |
| the reimbursement is attributable to an amount the taxpayer | 105915 |
| deducted under this section in any taxable year. | 105916 |
| (b) Add any amount not otherwise included in Ohio adjusted | 105917 |
| gross income for any taxable year to the extent that the amount is | 105918 |
| attributable to the recovery during the taxable year of any amount | 105919 |
| deducted or excluded in computing federal or Ohio adjusted gross | 105920 |
| income in any taxable year. | 105921 |
| (13) Deduct any portion of the deduction described in section | 105922 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 105923 |
| reported income received under a claim of right, that meets both | 105924 |
| of the following requirements: | 105925 |
| (a) It is allowable for repayment of an item that was | 105926 |
| included in the taxpayer's adjusted gross income for a prior | 105927 |
| taxable year and did not qualify for a credit under division (A) | 105928 |
| or (B) of section 5747.05 of the Revised Code for that year; | 105929 |
| (b) It does not otherwise reduce the taxpayer's adjusted | 105930 |
| gross income for the current or any other taxable year. | 105931 |
| (14) Deduct an amount equal to the deposits made to, and net | 105932 |
| investment earnings of, a medical savings account during the | 105933 |
| taxable year, in accordance with section 3924.66 of the Revised | 105934 |
| Code. The deduction allowed by division (A)(14) of this section | 105935 |
| does not apply to medical savings account deposits and earnings | 105936 |
| otherwise deducted or excluded for the current or any other | 105937 |
| taxable year from the taxpayer's federal adjusted gross income. | 105938 |
| (15)(a) Add an amount equal to the funds withdrawn from a | 105939 |
| medical savings account during the taxable year, and the net | 105940 |
| investment earnings on those funds, when the funds withdrawn were | 105941 |
| used for any purpose other than to reimburse an account holder | 105942 |
| for, or to pay, eligible medical expenses, in accordance with | 105943 |
| section 3924.66 of the Revised Code; | 105944 |
| (b) Add the amounts distributed from a medical savings | 105945 |
| account under division (A)(2) of section 3924.68 of the Revised | 105946 |
| Code during the taxable year. | 105947 |
| (16) Add any amount claimed as a credit under section | 105948 |
| 5747.059 of the Revised Code to the extent that such amount | 105949 |
| satisfies either of the following: | 105950 |
| (a) The amount was deducted or excluded from the computation | 105951 |
| of the taxpayer's federal adjusted gross income as required to be | 105952 |
| reported for the taxpayer's taxable year under the Internal | 105953 |
| Revenue Code; | 105954 |
| (b) The amount resulted in a reduction of the taxpayer's | 105955 |
| federal adjusted gross income as required to be reported for any | 105956 |
| of the taxpayer's taxable years under the Internal Revenue Code. | 105957 |
| (17) Deduct the amount contributed by the taxpayer to an | 105958 |
| individual development account program established by a county | 105959 |
| department of job and family services pursuant to sections 329.11 | 105960 |
| to 329.14 of the Revised Code for the purpose of matching funds | 105961 |
| deposited by program participants. On request of the tax | 105962 |
| commissioner, the taxpayer shall provide any information that, in | 105963 |
| the tax commissioner's opinion, is necessary to establish the | 105964 |
| amount deducted under division (A)(17) of this section. | 105965 |
| (18) Beginning in taxable year 2001 but not for any taxable | 105966 |
| year beginning after December 31, 2005, if the taxpayer is married | 105967 |
| and files a joint return and the combined federal adjusted gross | 105968 |
| income of the taxpayer and the taxpayer's spouse for the taxable | 105969 |
| year does not exceed one hundred thousand dollars, or if the | 105970 |
| taxpayer is single and has a federal adjusted gross income for the | 105971 |
| taxable year not exceeding fifty thousand dollars, deduct amounts | 105972 |
| paid during the taxable year for qualified tuition and fees paid | 105973 |
| to an eligible institution for the taxpayer, the taxpayer's | 105974 |
| spouse, or any dependent of the taxpayer, who is a resident of | 105975 |
| this state and is enrolled in or attending a program that | 105976 |
| culminates in a degree or diploma at an eligible institution. The | 105977 |
| deduction may be claimed only to the extent that qualified tuition | 105978 |
| and fees are not otherwise deducted or excluded for any taxable | 105979 |
| year from federal or Ohio adjusted gross income. The deduction may | 105980 |
| not be claimed for educational expenses for which the taxpayer | 105981 |
| claims a credit under section 5747.27 of the Revised Code. | 105982 |
| (19) Add any reimbursement received during the taxable year | 105983 |
| of any amount the taxpayer deducted under division (A)(18) of this | 105984 |
| section in any previous taxable year to the extent the amount is | 105985 |
| not otherwise included in Ohio adjusted gross income. | 105986 |
| (20)(a)(i) Add five-sixths of the amount of depreciation | 105987 |
| expense allowed by subsection (k) of section 168 of the Internal | 105988 |
| Revenue Code, including the taxpayer's proportionate or | 105989 |
| distributive share of the amount of depreciation expense allowed | 105990 |
| by that subsection to a pass-through entity in which the taxpayer | 105991 |
| has a direct or indirect ownership interest. | 105992 |
| (ii) Add five-sixths of the amount of qualifying section 179 | 105993 |
| depreciation expense, including a person's proportionate or | 105994 |
| distributive share of the amount of qualifying section 179 | 105995 |
| depreciation expense allowed to any pass-through entity in which | 105996 |
| the person has a direct or indirect ownership. For the purposes of | 105997 |
| this division, "qualifying section 179 depreciation expense" means | 105998 |
| the difference between (I) the amount of depreciation expense | 105999 |
| directly or indirectly allowed to the taxpayer under section 179 | 106000 |
| of the Internal Revenue Code, and (II) the amount of depreciation | 106001 |
| expense directly or indirectly allowed to the taxpayer under | 106002 |
| section 179 of the Internal Revenue Code as that section existed | 106003 |
| on December 31, 2002. | 106004 |
| The tax commissioner, under procedures established by the | 106005 |
| commissioner, may waive the add-backs related to a pass-through | 106006 |
| entity if the taxpayer owns, directly or indirectly, less than | 106007 |
| five per cent of the pass-through entity. | 106008 |
| (b) Nothing in division (A)(20) of this section shall be | 106009 |
| construed to adjust or modify the adjusted basis of any asset. | 106010 |
| (c) To the extent the add-back required under division | 106011 |
| (A)(20)(a) of this section is attributable to property generating | 106012 |
| nonbusiness income or loss allocated under section 5747.20 of the | 106013 |
| Revised Code, the add-back shall be sitused to the same location | 106014 |
| as the nonbusiness income or loss generated by the property for | 106015 |
| the purpose of determining the credit under division (A) of | 106016 |
| section 5747.05 of the Revised Code. Otherwise, the add-back shall | 106017 |
| be apportioned, subject to one or more of the four alternative | 106018 |
| methods of apportionment enumerated in section 5747.21 of the | 106019 |
| Revised Code. | 106020 |
| (d) For the purposes of division (A) of this section, net | 106021 |
| operating loss carryback and carryforward shall not include | 106022 |
| five-sixths of the allowance of any net operating loss deduction | 106023 |
| carryback or carryforward to the taxable year to the extent such | 106024 |
| loss resulted from depreciation allowed by section 168(k) of the | 106025 |
| Internal Revenue Code and by the qualifying section 179 | 106026 |
| depreciation expense amount. | 106027 |
| (21)(a) If the taxpayer was required to add an amount under | 106028 |
| division (A)(20)(a) of this section for a taxable year, deduct | 106029 |
| one-fifth of the amount so added for each of the five succeeding | 106030 |
| taxable years. | 106031 |
| (b) If the amount deducted under division (A)(21)(a) of this | 106032 |
| section is attributable to an add-back allocated under division | 106033 |
| (A)(20)(c) of this section, the amount deducted shall be sitused | 106034 |
| to the same location. Otherwise, the add-back shall be apportioned | 106035 |
| using the apportionment factors for the taxable year in which the | 106036 |
| deduction is taken, subject to one or more of the four alternative | 106037 |
| methods of apportionment enumerated in section 5747.21 of the | 106038 |
| Revised Code. | 106039 |
| (c) No deduction is available under division (A)(21)(a) of | 106040 |
| this section with regard to any depreciation allowed by section | 106041 |
| 168(k) of the Internal Revenue Code and by the qualifying section | 106042 |
| 179 depreciation expense amount to the extent that such | 106043 |
| depreciation resulted in or increased a federal net operating loss | 106044 |
| carryback or carryforward to a taxable year to which division | 106045 |
| (A)(20)(d) of this section does not apply. | 106046 |
| (22) Deduct, to the extent not otherwise deducted or excluded | 106047 |
| in computing federal or Ohio adjusted gross income for the taxable | 106048 |
| year, the amount the taxpayer received during the taxable year as | 106049 |
| reimbursement for life insurance premiums under section 5919.31 of | 106050 |
| the Revised Code. | 106051 |
| (23) Deduct, to the extent not otherwise deducted or excluded | 106052 |
| in computing federal or Ohio adjusted gross income for the taxable | 106053 |
| year, the amount the taxpayer received during the taxable year as | 106054 |
| a death benefit paid by the adjutant general under section 5919.33 | 106055 |
| of the Revised Code. | 106056 |
| (24) Deduct, to the extent included in federal adjusted gross | 106057 |
| income and not otherwise allowable as a deduction or exclusion in | 106058 |
| computing federal or Ohio adjusted gross income for the taxable | 106059 |
| year, military pay and allowances received by the taxpayer during | 106060 |
| the taxable year for active duty service in the United States | 106061 |
| army, air force, navy, marine corps, or coast guard or reserve | 106062 |
| components thereof or the national guard. The deduction may not be | 106063 |
| claimed for military pay and allowances received by the taxpayer | 106064 |
| while the taxpayer is stationed in this state. | 106065 |
| (25) Deduct, to the extent not otherwise allowable as a | 106066 |
| deduction or exclusion in computing federal or Ohio adjusted gross | 106067 |
| income for the taxable year and not otherwise compensated for by | 106068 |
| any other source, the amount of qualified organ donation expenses | 106069 |
| incurred by the taxpayer during the taxable year, not to exceed | 106070 |
| ten thousand dollars. A taxpayer may deduct qualified organ | 106071 |
| donation expenses only once for all taxable years beginning with | 106072 |
| taxable years beginning in 2007. | 106073 |
| For the purposes of division (A)(25) of this section: | 106074 |
| (a) "Human organ" means all or any portion of a human liver, | 106075 |
| pancreas, kidney, intestine, or lung, and any portion of human | 106076 |
| bone marrow. | 106077 |
| (b) "Qualified organ donation expenses" means travel | 106078 |
| expenses, lodging expenses, and wages and salary forgone by a | 106079 |
| taxpayer in connection with the taxpayer's donation, while living, | 106080 |
| of one or more of the taxpayer's human organs to another human | 106081 |
| being. | 106082 |
| (26) Deduct, to the extent not otherwise deducted or excluded | 106083 |
| in computing federal or Ohio adjusted gross income for the taxable | 106084 |
| year, amounts received by the taxpayer as retired military | 106085 |
| personnel pay for service in the United States army, navy, air | 106086 |
| force, coast guard, or marine corps or reserve components thereof, | 106087 |
| or the national guard, or received by the surviving spouse or | 106088 |
| former spouse of such a taxpayer under the survivor benefit plan | 106089 |
| on account of such a taxpayer's death. If the taxpayer receives | 106090 |
| income on account of retirement paid under the federal civil | 106091 |
| service retirement system or federal employees retirement system, | 106092 |
| or under any successor retirement program enacted by the congress | 106093 |
| of the United States that is established and maintained for | 106094 |
| retired employees of the United States government, and such | 106095 |
| retirement income is based, in whole or in part, on credit for | 106096 |
| the taxpayer's military service, the deduction allowed under this | 106097 |
| division shall include only that portion of such retirement | 106098 |
| income that is attributable to the taxpayer's military service, | 106099 |
| to the extent that portion of such retirement income is otherwise | 106100 |
| included in federal adjusted gross income and is not otherwise | 106101 |
| deducted under this section. Any amount deducted under division | 106102 |
| (A)(26) of this section is not included in a taxpayer's | 106103 |
| adjusted gross income for the purposes of section 5747.055 of | 106104 |
| the Revised Code. No amount may be deducted under division | 106105 |
| (A)(26) of this section on the basis of which a credit was | 106106 |
| claimed under section 5747.055 of the Revised Code. | 106107 |
| (27) Deduct, to the extent not otherwise deducted or excluded | 106108 |
| in computing federal or Ohio adjusted gross income for the taxable | 106109 |
| year, the amount the taxpayer received during the taxable year | 106110 |
| from the military injury relief fund created in section 5101.98 of | 106111 |
| the Revised Code. | 106112 |
| (B) "Business income" means income, including gain or loss, | 106113 |
| arising from transactions, activities, and sources in the regular | 106114 |
| course of a trade or business and includes income, gain, or loss | 106115 |
| from real property, tangible property, and intangible property if | 106116 |
| the acquisition, rental, management, and disposition of the | 106117 |
| property constitute integral parts of the regular course of a | 106118 |
| trade or business operation. "Business income" includes income, | 106119 |
| including gain or loss, from a partial or complete liquidation of | 106120 |
| a business, including, but not limited to, gain or loss from the | 106121 |
| sale or other disposition of goodwill. | 106122 |
| (C) "Nonbusiness income" means all income other than business | 106123 |
| income and may include, but is not limited to, compensation, rents | 106124 |
| and royalties from real or tangible personal property, capital | 106125 |
| gains, interest, dividends and distributions, patent or copyright | 106126 |
| royalties, or lottery winnings, prizes, and awards. | 106127 |
| (D) "Compensation" means any form of remuneration paid to an | 106128 |
| employee for personal services. | 106129 |
| (E) "Fiduciary" means a guardian, trustee, executor, | 106130 |
| administrator, receiver, conservator, or any other person acting | 106131 |
| in any fiduciary capacity for any individual, trust, or estate. | 106132 |
| (F) "Fiscal year" means an accounting period of twelve months | 106133 |
| ending on the last day of any month other than December. | 106134 |
| (G) "Individual" means any natural person. | 106135 |
| (H) "Internal Revenue Code" means the "Internal Revenue Code | 106136 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 106137 |
| (I) "Resident" means any of the following, provided that | 106138 |
| division (I)(3) of this section applies only to taxable years of a | 106139 |
| trust beginning in 2002 or thereafter: | 106140 |
| (1) An individual who is domiciled in this state, subject to | 106141 |
| section 5747.24 of the Revised Code; | 106142 |
| (2) The estate of a decedent who at the time of death was | 106143 |
| domiciled in this state. The domicile tests of section 5747.24 of | 106144 |
| the Revised Code are not controlling for purposes of division | 106145 |
| (I)(2) of this section. | 106146 |
| (3) A trust that, in whole or part, resides in this state. If | 106147 |
| only part of a trust resides in this state, the trust is a | 106148 |
| resident only with respect to that part. | 106149 |
| For the purposes of division (I)(3) of this section: | 106150 |
| (a) A trust resides in this state for the trust's current | 106151 |
| taxable year to the extent, as described in division (I)(3)(d) of | 106152 |
| this section, that the trust consists directly or indirectly, in | 106153 |
| whole or in part, of assets, net of any related liabilities, that | 106154 |
| were transferred, or caused to be transferred, directly or | 106155 |
| indirectly, to the trust by any of the following: | 106156 |
| (i) A person, a court, or a governmental entity or | 106157 |
| instrumentality on account of the death of a decedent, but only if | 106158 |
| the trust is described in division (I)(3)(e)(i) or (ii) of this | 106159 |
| section; | 106160 |
| (ii) A person who was domiciled in this state for the | 106161 |
| purposes of this chapter when the person directly or indirectly | 106162 |
| transferred assets to an irrevocable trust, but only if at least | 106163 |
| one of the trust's qualifying beneficiaries is domiciled in this | 106164 |
| state for the purposes of this chapter during all or some portion | 106165 |
| of the trust's current taxable year; | 106166 |
| (iii) A person who was domiciled in this state for the | 106167 |
| purposes of this chapter when the trust document or instrument or | 106168 |
| part of the trust document or instrument became irrevocable, but | 106169 |
| only if at least one of the trust's qualifying beneficiaries is a | 106170 |
| resident domiciled in this state for the purposes of this chapter | 106171 |
| during all or some portion of the trust's current taxable year. If | 106172 |
| a trust document or instrument became irrevocable upon the death | 106173 |
| of a person who at the time of death was domiciled in this state | 106174 |
| for purposes of this chapter, that person is a person described in | 106175 |
| division (I)(3)(a)(iii) of this section. | 106176 |
| (b) A trust is irrevocable to the extent that the transferor | 106177 |
| is not considered to be the owner of the net assets of the trust | 106178 |
| under sections 671 to 678 of the Internal Revenue Code. | 106179 |
| (c) With respect to a trust other than a charitable lead | 106180 |
| trust, "qualifying beneficiary" has the same meaning as "potential | 106181 |
| current beneficiary" as defined in section 1361(e)(2) of the | 106182 |
| Internal Revenue Code, and with respect to a charitable lead trust | 106183 |
| "qualifying beneficiary" is any current, future, or contingent | 106184 |
| beneficiary, but with respect to any trust "qualifying | 106185 |
| beneficiary" excludes a person or a governmental entity or | 106186 |
| instrumentality to any of which a contribution would qualify for | 106187 |
| the charitable deduction under section 170 of the Internal Revenue | 106188 |
| Code. | 106189 |
| (d) For the purposes of division (I)(3)(a) of this section, | 106190 |
| the extent to which a trust consists directly or indirectly, in | 106191 |
| whole or in part, of assets, net of any related liabilities, that | 106192 |
| were transferred directly or indirectly, in whole or part, to the | 106193 |
| trust by any of the sources enumerated in that division shall be | 106194 |
| ascertained by multiplying the fair market value of the trust's | 106195 |
| assets, net of related liabilities, by the qualifying ratio, which | 106196 |
| shall be computed as follows: | 106197 |
| (i) The first time the trust receives assets, the numerator | 106198 |
| of the qualifying ratio is the fair market value of those assets | 106199 |
| at that time, net of any related liabilities, from sources | 106200 |
| enumerated in division (I)(3)(a) of this section. The denominator | 106201 |
| of the qualifying ratio is the fair market value of all the | 106202 |
| trust's assets at that time, net of any related liabilities. | 106203 |
| (ii) Each subsequent time the trust receives assets, a | 106204 |
| revised qualifying ratio shall be computed. The numerator of the | 106205 |
| revised qualifying ratio is the sum of (1) the fair market value | 106206 |
| of the trust's assets immediately prior to the subsequent | 106207 |
| transfer, net of any related liabilities, multiplied by the | 106208 |
| qualifying ratio last computed without regard to the subsequent | 106209 |
| transfer, and (2) the fair market value of the subsequently | 106210 |
| transferred assets at the time transferred, net of any related | 106211 |
| liabilities, from sources enumerated in division (I)(3)(a) of this | 106212 |
| section. The denominator of the revised qualifying ratio is the | 106213 |
| fair market value of all the trust's assets immediately after the | 106214 |
| subsequent transfer, net of any related liabilities. | 106215 |
| (iii) Whether a transfer to the trust is by or from any of | 106216 |
| the sources enumerated in division (I)(3)(a) of this section shall | 106217 |
| be ascertained without regard to the domicile of the trust's | 106218 |
| beneficiaries. | 106219 |
| (e) For the purposes of division (I)(3)(a)(i) of this | 106220 |
| section: | 106221 |
| (i) A trust is described in division (I)(3)(e)(i) of this | 106222 |
| section if the trust is a testamentary trust and the testator of | 106223 |
| that testamentary trust was domiciled in this state at the time of | 106224 |
| the testator's death for purposes of the taxes levied under | 106225 |
| Chapter 5731. of the Revised Code. | 106226 |
| (ii) A trust is described in division (I)(3)(e)(ii) of this | 106227 |
| section if the transfer is a qualifying transfer described in any | 106228 |
| of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an | 106229 |
| irrevocable inter vivos trust, and at least one of the trust's | 106230 |
| qualifying beneficiaries is domiciled in this state for purposes | 106231 |
| of this chapter during all or some portion of the trust's current | 106232 |
| taxable year. | 106233 |
| (f) For the purposes of division (I)(3)(e)(ii) of this | 106234 |
| section, a "qualifying transfer" is a transfer of assets, net of | 106235 |
| any related liabilities, directly or indirectly to a trust, if the | 106236 |
| transfer is described in any of the following: | 106237 |
| (i) The transfer is made to a trust, created by the decedent | 106238 |
| before the decedent's death and while the decedent was domiciled | 106239 |
| in this state for the purposes of this chapter, and, prior to the | 106240 |
| death of the decedent, the trust became irrevocable while the | 106241 |
| decedent was domiciled in this state for the purposes of this | 106242 |
| chapter. | 106243 |
| (ii) The transfer is made to a trust to which the decedent, | 106244 |
| prior to the decedent's death, had directly or indirectly | 106245 |
| transferred assets, net of any related liabilities, while the | 106246 |
| decedent was domiciled in this state for the purposes of this | 106247 |
| chapter, and prior to the death of the decedent the trust became | 106248 |
| irrevocable while the decedent was domiciled in this state for the | 106249 |
| purposes of this chapter. | 106250 |
| (iii) The transfer is made on account of a contractual | 106251 |
| relationship existing directly or indirectly between the | 106252 |
| transferor and either the decedent or the estate of the decedent | 106253 |
| at any time prior to the date of the decedent's death, and the | 106254 |
| decedent was domiciled in this state at the time of death for | 106255 |
| purposes of the taxes levied under Chapter 5731. of the Revised | 106256 |
| Code. | 106257 |
| (iv) The transfer is made to a trust on account of a | 106258 |
| contractual relationship existing directly or indirectly between | 106259 |
| the transferor and another person who at the time of the | 106260 |
| decedent's death was domiciled in this state for purposes of this | 106261 |
| chapter. | 106262 |
| (v) The transfer is made to a trust on account of the will of | 106263 |
| a testator. | 106264 |
| (vi) The transfer is made to a trust created by or caused to | 106265 |
| be created by a court, and the trust was directly or indirectly | 106266 |
| created in connection with or as a result of the death of an | 106267 |
| individual who, for purposes of the taxes levied under Chapter | 106268 |
| 5731. of the Revised Code, was domiciled in this state at the time | 106269 |
| of the individual's death. | 106270 |
| (g) The tax commissioner may adopt rules to ascertain the | 106271 |
| part of a trust residing in this state. | 106272 |
| (J) "Nonresident" means an individual or estate that is not a | 106273 |
| resident. An individual who is a resident for only part of a | 106274 |
| taxable year is a nonresident for the remainder of that taxable | 106275 |
| year. | 106276 |
| (K) "Pass-through entity" has the same meaning as in section | 106277 |
| 5733.04 of the Revised Code. | 106278 |
| (L) "Return" means the notifications and reports required to | 106279 |
| be filed pursuant to this chapter for the purpose of reporting the | 106280 |
| tax due and includes declarations of estimated tax when so | 106281 |
| required. | 106282 |
| (M) "Taxable year" means the calendar year or the taxpayer's | 106283 |
| fiscal year ending during the calendar year, or fractional part | 106284 |
| thereof, upon which the adjusted gross income is calculated | 106285 |
| pursuant to this chapter. | 106286 |
| (N) "Taxpayer" means any person subject to the tax imposed by | 106287 |
| section 5747.02 of the Revised Code or any pass-through entity | 106288 |
| that makes the election under division (D) of section 5747.08 of | 106289 |
| the Revised Code. | 106290 |
| (O) "Dependents" means dependents as defined in the Internal | 106291 |
| Revenue Code and as claimed in the taxpayer's federal income tax | 106292 |
| return for the taxable year or which the taxpayer would have been | 106293 |
| permitted to claim had the taxpayer filed a federal income tax | 106294 |
| return. | 106295 |
| (P) "Principal county of employment" means, in the case of a | 106296 |
| nonresident, the county within the state in which a taxpayer | 106297 |
| performs services for an employer or, if those services are | 106298 |
| performed in more than one county, the county in which the major | 106299 |
| portion of the services are performed. | 106300 |
| (Q) As used in sections 5747.50 to 5747.55 of the Revised | 106301 |
| Code: | 106302 |
| (1) "Subdivision" means any county, municipal corporation, | 106303 |
| park district, or township. | 106304 |
| (2) "Essential local government purposes" includes all | 106305 |
| functions that any subdivision is required by general law to | 106306 |
| exercise, including like functions that are exercised under a | 106307 |
| charter adopted pursuant to the Ohio Constitution. | 106308 |
| (R) "Overpayment" means any amount already paid that exceeds | 106309 |
| the figure determined to be the correct amount of the tax. | 106310 |
| (S) "Taxable income" or "Ohio taxable income" applies only to | 106311 |
| estates and trusts, and means federal taxable income, as defined | 106312 |
| and used in the Internal Revenue Code, adjusted as follows: | 106313 |
| (1) Add interest or dividends, net of ordinary, necessary, | 106314 |
| and reasonable expenses not deducted in computing federal taxable | 106315 |
| income, on obligations or securities of any state or of any | 106316 |
| political subdivision or authority of any state, other than this | 106317 |
| state and its subdivisions and authorities, but only to the extent | 106318 |
| that such net amount is not otherwise includible in Ohio taxable | 106319 |
| income and is described in either division (S)(1)(a) or (b) of | 106320 |
| this section: | 106321 |
| (a) The net amount is not attributable to the S portion of an | 106322 |
| electing small business trust and has not been distributed to | 106323 |
| beneficiaries for the taxable year; | 106324 |
| (b) The net amount is attributable to the S portion of an | 106325 |
| electing small business trust for the taxable year. | 106326 |
| (2) Add interest or dividends, net of ordinary, necessary, | 106327 |
| and reasonable expenses not deducted in computing federal taxable | 106328 |
| income, on obligations of any authority, commission, | 106329 |
| instrumentality, territory, or possession of the United States to | 106330 |
| the extent that the interest or dividends are exempt from federal | 106331 |
| income taxes but not from state income taxes, but only to the | 106332 |
| extent that such net amount is not otherwise includible in Ohio | 106333 |
| taxable income and is described in either division (S)(1)(a) or | 106334 |
| (b) of this section; | 106335 |
| (3) Add the amount of personal exemption allowed to the | 106336 |
| estate pursuant to section 642(b) of the Internal Revenue Code; | 106337 |
| (4) Deduct interest or dividends, net of related expenses | 106338 |
| deducted in computing federal taxable income, on obligations of | 106339 |
| the United States and its territories and possessions or of any | 106340 |
| authority, commission, or instrumentality of the United States to | 106341 |
| the extent that the interest or dividends are exempt from state | 106342 |
| taxes under the laws of the United States, but only to the extent | 106343 |
| that such amount is included in federal taxable income and is | 106344 |
| described in either division (S)(1)(a) or (b) of this section; | 106345 |
| (5) Deduct the amount of wages and salaries, if any, not | 106346 |
| otherwise allowable as a deduction but that would have been | 106347 |
| allowable as a deduction in computing federal taxable income for | 106348 |
| the taxable year, had the targeted jobs credit allowed under | 106349 |
| sections 38, 51, and 52 of the Internal Revenue Code not been in | 106350 |
| effect, but only to the extent such amount relates either to | 106351 |
| income included in federal taxable income for the taxable year or | 106352 |
| to income of the S portion of an electing small business trust for | 106353 |
| the taxable year; | 106354 |
| (6) Deduct any interest or interest equivalent, net of | 106355 |
| related expenses deducted in computing federal taxable income, on | 106356 |
| public obligations and purchase obligations, but only to the | 106357 |
| extent that such net amount relates either to income included in | 106358 |
| federal taxable income for the taxable year or to income of the S | 106359 |
| portion of an electing small business trust for the taxable year; | 106360 |
| (7) Add any loss or deduct any gain resulting from sale, | 106361 |
| exchange, or other disposition of public obligations to the extent | 106362 |
| that such loss has been deducted or such gain has been included in | 106363 |
| computing either federal taxable income or income of the S portion | 106364 |
| of an electing small business trust for the taxable year; | 106365 |
| (8) Except in the case of the final return of an estate, add | 106366 |
| any amount deducted by the taxpayer on both its Ohio estate tax | 106367 |
| return pursuant to section 5731.14 of the Revised Code, and on its | 106368 |
| federal income tax return in determining federal taxable income; | 106369 |
| (9)(a) Deduct any amount included in federal taxable income | 106370 |
| solely because the amount represents a reimbursement or refund of | 106371 |
| expenses that in a previous year the decedent had deducted as an | 106372 |
| itemized deduction pursuant to section 63 of the Internal Revenue | 106373 |
| Code and applicable treasury regulations. The deduction otherwise | 106374 |
| allowed under division (S)(9)(a) of this section shall be reduced | 106375 |
| to the extent the reimbursement is attributable to an amount the | 106376 |
| taxpayer or decedent deducted under this section in any taxable | 106377 |
| year. | 106378 |
| (b) Add any amount not otherwise included in Ohio taxable | 106379 |
| income for any taxable year to the extent that the amount is | 106380 |
| attributable to the recovery during the taxable year of any amount | 106381 |
| deducted or excluded in computing federal or Ohio taxable income | 106382 |
| in any taxable year, but only to the extent such amount has not | 106383 |
| been distributed to beneficiaries for the taxable year. | 106384 |
| (10) Deduct any portion of the deduction described in section | 106385 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 106386 |
| reported income received under a claim of right, that meets both | 106387 |
| of the following requirements: | 106388 |
| (a) It is allowable for repayment of an item that was | 106389 |
| included in the taxpayer's taxable income or the decedent's | 106390 |
| adjusted gross income for a prior taxable year and did not qualify | 106391 |
| for a credit under division (A) or (B) of section 5747.05 of the | 106392 |
| Revised Code for that year. | 106393 |
| (b) It does not otherwise reduce the taxpayer's taxable | 106394 |
| income or the decedent's adjusted gross income for the current or | 106395 |
| any other taxable year. | 106396 |
| (11) Add any amount claimed as a credit under section | 106397 |
| 5747.059 of the Revised Code to the extent that the amount | 106398 |
| satisfies either of the following: | 106399 |
| (a) The amount was deducted or excluded from the computation | 106400 |
| of the taxpayer's federal taxable income as required to be | 106401 |
| reported for the taxpayer's taxable year under the Internal | 106402 |
| Revenue Code; | 106403 |
| (b) The amount resulted in a reduction in the taxpayer's | 106404 |
| federal taxable income as required to be reported for any of the | 106405 |
| taxpayer's taxable years under the Internal Revenue Code. | 106406 |
| (12) Deduct any amount, net of related expenses deducted in | 106407 |
| computing federal taxable income, that a trust is required to | 106408 |
| report as farm income on its federal income tax return, but only | 106409 |
| if the assets of the trust include at least ten acres of land | 106410 |
| satisfying the definition of "land devoted exclusively to | 106411 |
| agricultural use" under section 5713.30 of the Revised Code, | 106412 |
| regardless of whether the land is valued for tax purposes as such | 106413 |
| land under sections 5713.30 to 5713.38 of the Revised Code. If the | 106414 |
| trust is a pass-through entity investor, section 5747.231 of the | 106415 |
| Revised Code applies in ascertaining if the trust is eligible to | 106416 |
| claim the deduction provided by division (S)(12) of this section | 106417 |
| in connection with the pass-through entity's farm income. | 106418 |
| Except for farm income attributable to the S portion of an | 106419 |
| electing small business trust, the deduction provided by division | 106420 |
| (S)(12) of this section is allowed only to the extent that the | 106421 |
| trust has not distributed such farm income. Division (S)(12) of | 106422 |
| this section applies only to taxable years of a trust beginning in | 106423 |
| 2002 or thereafter. | 106424 |
| (13) Add the net amount of income described in section 641(c) | 106425 |
| of the Internal Revenue Code to the extent that amount is not | 106426 |
| included in federal taxable income. | 106427 |
| (14) Add or deduct the amount the taxpayer would be required | 106428 |
| to add or deduct under division (A)(20) or (21) of this section if | 106429 |
| the taxpayer's Ohio taxable income were computed in the same | 106430 |
| manner as an individual's Ohio adjusted gross income is computed | 106431 |
| under this section. In the case of a trust, division (S)(14) of | 106432 |
| this section applies only to any of the trust's taxable years | 106433 |
| beginning in 2002 or thereafter. | 106434 |
| (T) "School district income" and "school district income tax" | 106435 |
| have the same meanings as in section 5748.01 of the Revised Code. | 106436 |
| (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) | 106437 |
| of this section, "public obligations," "purchase obligations," and | 106438 |
| "interest or interest equivalent" have the same meanings as in | 106439 |
| section 5709.76 of the Revised Code. | 106440 |
| (V) "Limited liability company" means any limited liability | 106441 |
| company formed under Chapter 1705. of the Revised Code or under | 106442 |
| the laws of any other state. | 106443 |
| (W) "Pass-through entity investor" means any person who, | 106444 |
| during any portion of a taxable year of a pass-through entity, is | 106445 |
| a partner, member, shareholder, or equity investor in that | 106446 |
| pass-through entity. | 106447 |
| (X) "Banking day" has the same meaning as in section 1304.01 | 106448 |
| of the Revised Code. | 106449 |
| (Y) "Month" means a calendar month. | 106450 |
| (Z) "Quarter" means the first three months, the second three | 106451 |
| months, the third three months, or the last three months of the | 106452 |
| taxpayer's taxable year. | 106453 |
| (AA)(1) "Eligible institution" means a state university or | 106454 |
| state institution of higher education as defined in section | 106455 |
| 3345.011 of the Revised Code, or a private, nonprofit college, | 106456 |
| university, or other post-secondary institution located in this | 106457 |
| state that possesses a certificate of authorization issued by the | 106458 |
| Ohio board of regents pursuant to Chapter 1713. of the Revised | 106459 |
| Code or a certificate of registration issued by the state board of | 106460 |
| career colleges and schools under Chapter 3332. of the Revised | 106461 |
| Code. | 106462 |
| (2) "Qualified tuition and fees" means tuition and fees | 106463 |
| imposed by an eligible institution as a condition of enrollment or | 106464 |
| attendance, not exceeding two thousand five hundred dollars in | 106465 |
| each of the individual's first two years of post-secondary | 106466 |
| education. If the individual is a part-time student, "qualified | 106467 |
| tuition and fees" includes tuition and fees paid for the academic | 106468 |
| equivalent of the first two years of post-secondary education | 106469 |
| during a maximum of five taxable years, not exceeding a total of | 106470 |
| five thousand dollars. "Qualified tuition and fees" does not | 106471 |
| include: | 106472 |
| (a) Expenses for any course or activity involving sports, | 106473 |
| games, or hobbies unless the course or activity is part of the | 106474 |
| individual's degree or diploma program; | 106475 |
| (b) The cost of books, room and board, student activity fees, | 106476 |
| athletic fees, insurance expenses, or other expenses unrelated to | 106477 |
| the individual's academic course of instruction; | 106478 |
| (c) Tuition, fees, or other expenses paid or reimbursed | 106479 |
| through an employer, scholarship, grant in aid, or other | 106480 |
| educational benefit program. | 106481 |
| (BB)(1) "Modified business income" means the business income | 106482 |
| included in a trust's Ohio taxable income after such taxable | 106483 |
| income is first reduced by the qualifying trust amount, if any. | 106484 |
| (2) "Qualifying trust amount" of a trust means capital gains | 106485 |
| and losses from the sale, exchange, or other disposition of equity | 106486 |
| or ownership interests in, or debt obligations of, a qualifying | 106487 |
| investee to the extent included in the trust's Ohio taxable | 106488 |
| income, but only if the following requirements are satisfied: | 106489 |
| (a) The book value of the qualifying investee's physical | 106490 |
| assets in this state and everywhere, as of the last day of the | 106491 |
| qualifying investee's fiscal or calendar year ending immediately | 106492 |
| prior to the date on which the trust recognizes the gain or loss, | 106493 |
| is available to the trust. | 106494 |
| (b) The requirements of section 5747.011 of the Revised Code | 106495 |
| are satisfied for the trust's taxable year in which the trust | 106496 |
| recognizes the gain or loss. | 106497 |
| Any gain or loss that is not a qualifying trust amount is | 106498 |
| modified business income, qualifying investment income, or | 106499 |
| modified nonbusiness income, as the case may be. | 106500 |
| (3) "Modified nonbusiness income" means a trust's Ohio | 106501 |
| taxable income other than modified business income, other than the | 106502 |
| qualifying trust amount, and other than qualifying investment | 106503 |
| income, as defined in section 5747.012 of the Revised Code, to the | 106504 |
| extent such qualifying investment income is not otherwise part of | 106505 |
| modified business income. | 106506 |
| (4) "Modified Ohio taxable income" applies only to trusts, | 106507 |
| and means the sum of the amounts described in divisions (BB)(4)(a) | 106508 |
| to (c) of this section: | 106509 |
| (a) The fraction, calculated under section 5747.013, and | 106510 |
| applying section 5747.231 of the Revised Code, multiplied by the | 106511 |
| sum of the following amounts: | 106512 |
| (i) The trust's modified business income; | 106513 |
| (ii) The trust's qualifying investment income, as defined in | 106514 |
| section 5747.012 of the Revised Code, but only to the extent the | 106515 |
| qualifying investment income does not otherwise constitute | 106516 |
| modified business income and does not otherwise constitute a | 106517 |
| qualifying trust amount. | 106518 |
| (b) The qualifying trust amount multiplied by a fraction, the | 106519 |
| numerator of which is the sum of the book value of the qualifying | 106520 |
| investee's physical assets in this state on the last day of the | 106521 |
| qualifying investee's fiscal or calendar year ending immediately | 106522 |
| prior to the day on which the trust recognizes the qualifying | 106523 |
| trust amount, and the denominator of which is the sum of the book | 106524 |
| value of the qualifying investee's total physical assets | 106525 |
| everywhere on the last day of the qualifying investee's fiscal or | 106526 |
| calendar year ending immediately prior to the day on which the | 106527 |
| trust recognizes the qualifying trust amount. If, for a taxable | 106528 |
| year, the trust recognizes a qualifying trust amount with respect | 106529 |
| to more than one qualifying investee, the amount described in | 106530 |
| division (BB)(4)(b) of this section shall equal the sum of the | 106531 |
| products so computed for each such qualifying investee. | 106532 |
| (c)(i) With respect to a trust or portion of a trust that is | 106533 |
| a resident as ascertained in accordance with division (I)(3)(d) of | 106534 |
| this section, its modified nonbusiness income. | 106535 |
| (ii) With respect to a trust or portion of a trust that is | 106536 |
| not a resident as ascertained in accordance with division | 106537 |
| (I)(3)(d) of this section, the amount of its modified nonbusiness | 106538 |
| income satisfying the descriptions in divisions (B)(2) to (5) of | 106539 |
| section 5747.20 of the Revised Code, except as otherwise provided | 106540 |
| in division (BB)(4)(c)(ii) of this section. With respect to a | 106541 |
| trust or portion of a trust that is not a resident as ascertained | 106542 |
| in accordance with division (I)(3)(d) of this section, the trust's | 106543 |
| portion of modified nonbusiness income recognized from the sale, | 106544 |
| exchange, or other disposition of a debt interest in or equity | 106545 |
| interest in a section 5747.212 entity, as defined in section | 106546 |
| 5747.212 of the Revised Code, without regard to division (A) of | 106547 |
| that section, shall not be allocated to this state in accordance | 106548 |
| with section 5747.20 of the Revised Code but shall be apportioned | 106549 |
| to this state in accordance with division (B) of section 5747.212 | 106550 |
| of the Revised Code without regard to division (A) of that | 106551 |
| section. | 106552 |
| If the allocation and apportionment of a trust's income under | 106553 |
| divisions (BB)(4)(a) and (c) of this section do not fairly | 106554 |
| represent the modified Ohio taxable income of the trust in this | 106555 |
| state, the alternative methods described in division (C) of | 106556 |
| section 5747.21 of the Revised Code may be applied in the manner | 106557 |
| and to the same extent provided in that section. | 106558 |
| (5)(a) Except as set forth in division (BB)(5)(b) of this | 106559 |
| section, "qualifying investee" means a person in which a trust has | 106560 |
| an equity or ownership interest, or a person or unit of government | 106561 |
| the debt obligations of either of which are owned by a trust. For | 106562 |
| the purposes of division (BB)(2)(a) of this section and for the | 106563 |
| purpose of computing the fraction described in division (BB)(4)(b) | 106564 |
| of this section, all of the following apply: | 106565 |
| (i) If the qualifying investee is a member of a qualifying | 106566 |
| controlled group on the last day of the qualifying investee's | 106567 |
| fiscal or calendar year ending immediately prior to the date on | 106568 |
| which the trust recognizes the gain or loss, then "qualifying | 106569 |
| investee" includes all persons in the qualifying controlled group | 106570 |
| on such last day. | 106571 |
| (ii) If the qualifying investee, or if the qualifying | 106572 |
| investee and any members of the qualifying controlled group of | 106573 |
| which the qualifying investee is a member on the last day of the | 106574 |
| qualifying investee's fiscal or calendar year ending immediately | 106575 |
| prior to the date on which the trust recognizes the gain or loss, | 106576 |
| separately or cumulatively own, directly or indirectly, on the | 106577 |
| last day of the qualifying investee's fiscal or calendar year | 106578 |
| ending immediately prior to the date on which the trust recognizes | 106579 |
| the qualifying trust amount, more than fifty per cent of the | 106580 |
| equity of a pass-through entity, then the qualifying investee and | 106581 |
| the other members are deemed to own the proportionate share of the | 106582 |
| pass-through entity's physical assets which the pass-through | 106583 |
| entity directly or indirectly owns on the last day of the | 106584 |
| pass-through entity's calendar or fiscal year ending within or | 106585 |
| with the last day of the qualifying investee's fiscal or calendar | 106586 |
| year ending immediately prior to the date on which the trust | 106587 |
| recognizes the qualifying trust amount. | 106588 |
| (iii) For the purposes of division (BB)(5)(a)(iii) of this | 106589 |
| section, "upper level pass-through entity" means a pass-through | 106590 |
| entity directly or indirectly owning any equity of another | 106591 |
| pass-through entity, and "lower level pass-through entity" means | 106592 |
| that other pass-through entity. | 106593 |
| An upper level pass-through entity, whether or not it is also | 106594 |
| a qualifying investee, is deemed to own, on the last day of the | 106595 |
| upper level pass-through entity's calendar or fiscal year, the | 106596 |
| proportionate share of the lower level pass-through entity's | 106597 |
| physical assets that the lower level pass-through entity directly | 106598 |
| or indirectly owns on the last day of the lower level pass-through | 106599 |
| entity's calendar or fiscal year ending within or with the last | 106600 |
| day of the upper level pass-through entity's fiscal or calendar | 106601 |
| year. If the upper level pass-through entity directly and | 106602 |
| indirectly owns less than fifty per cent of the equity of the | 106603 |
| lower level pass-through entity on each day of the upper level | 106604 |
| pass-through entity's calendar or fiscal year in which or with | 106605 |
| which ends the calendar or fiscal year of the lower level | 106606 |
| pass-through entity and if, based upon clear and convincing | 106607 |
| evidence, complete information about the location and cost of the | 106608 |
| physical assets of the lower pass-through entity is not available | 106609 |
| to the upper level pass-through entity, then solely for purposes | 106610 |
| of ascertaining if a gain or loss constitutes a qualifying trust | 106611 |
| amount, the upper level pass-through entity shall be deemed as | 106612 |
| owning no equity of the lower level pass-through entity for each | 106613 |
| day during the upper level pass-through entity's calendar or | 106614 |
| fiscal year in which or with which ends the lower level | 106615 |
| pass-through entity's calendar or fiscal year. Nothing in division | 106616 |
| (BB)(5)(a)(iii) of this section shall be construed to provide for | 106617 |
| any deduction or exclusion in computing any trust's Ohio taxable | 106618 |
| income. | 106619 |
| (b) With respect to a trust that is not a resident for the | 106620 |
| taxable year and with respect to a part of a trust that is not a | 106621 |
| resident for the taxable year, "qualifying investee" for that | 106622 |
| taxable year does not include a C corporation if both of the | 106623 |
| following apply: | 106624 |
| (i) During the taxable year the trust or part of the trust | 106625 |
| recognizes a gain or loss from the sale, exchange, or other | 106626 |
| disposition of equity or ownership interests in, or debt | 106627 |
| obligations of, the C corporation. | 106628 |
| (ii) Such gain or loss constitutes nonbusiness income. | 106629 |
| (6) "Available" means information is such that a person is | 106630 |
| able to learn of the information by the due date plus extensions, | 106631 |
| if any, for filing the return for the taxable year in which the | 106632 |
| trust recognizes the gain or loss. | 106633 |
| (CC) "Qualifying controlled group" has the same meaning as in | 106634 |
| section 5733.04 of the Revised Code. | 106635 |
| (DD) "Related member" has the same meaning as in section | 106636 |
| 5733.042 of the Revised Code. | 106637 |
| (EE)(1) For the purposes of division (EE) of this section: | 106638 |
| (a) "Qualifying person" means any person other than a | 106639 |
| qualifying corporation. | 106640 |
| (b) "Qualifying corporation" means any person classified for | 106641 |
| federal income tax purposes as an association taxable as a | 106642 |
| corporation, except either of the following: | 106643 |
| (i) A corporation that has made an election under subchapter | 106644 |
| S, chapter one, subtitle A, of the Internal Revenue Code for its | 106645 |
| taxable year ending within, or on the last day of, the investor's | 106646 |
| taxable year; | 106647 |
| (ii) A subsidiary that is wholly owned by any corporation | 106648 |
| that has made an election under subchapter S, chapter one, | 106649 |
| subtitle A of the Internal Revenue Code for its taxable year | 106650 |
| ending within, or on the last day of, the investor's taxable year. | 106651 |
| (2) For the purposes of this chapter, unless expressly stated | 106652 |
| otherwise, no qualifying person indirectly owns any asset directly | 106653 |
| or indirectly owned by any qualifying corporation. | 106654 |
| (FF) For purposes of this chapter and Chapter 5751. of the | 106655 |
| Revised Code: | 106656 |
| (1) "Trust" does not include a qualified pre-income tax | 106657 |
| trust. | 106658 |
| (2) A "qualified pre-income tax trust" is any pre-income tax | 106659 |
| trust that makes a qualifying pre-income tax trust election as | 106660 |
| described in division (FF)(3) of this section. | 106661 |
| (3) A "qualifying pre-income tax trust election" is an | 106662 |
| election by a pre-income tax trust to subject to the tax imposed | 106663 |
| by section 5751.02 of the Revised Code the pre-income tax trust | 106664 |
| and all pass-through entities of which the trust owns or | 106665 |
| controls, directly, indirectly, or constructively through related | 106666 |
| interests, five per cent or more of the ownership or equity | 106667 |
| interests. The trustee shall notify the tax commissioner in | 106668 |
| writing of the election on or before April 15, 2006. The | 106669 |
| election, if timely made, shall be effective on and after January | 106670 |
| 1, 2006, and shall apply for all tax periods and tax years until | 106671 |
| revoked by the trustee of the trust. | 106672 |
| (4) A "pre-income tax trust" is a trust that satisfies all of | 106673 |
| the following requirements: | 106674 |
| (a) The document or instrument creating the trust was | 106675 |
| executed by the grantor before January 1, 1972; | 106676 |
| (b) The trust became irrevocable upon the creation of the | 106677 |
| trust; and | 106678 |
| (c) The grantor was domiciled in this state at the time the | 106679 |
| trust was created. | 106680 |
| Sec. 5747.113. (A) Any taxpayer claiming a refund under | 106681 |
|
section
5747.11 of the Revised Code | 106682 |
| 106683 | |
| taxpayer's refund to the natural areas and preserves fund created | 106684 |
| in section 1517.11 of the Revised Code, the nongame and endangered | 106685 |
| wildlife fund created in section 1531.26 of the Revised Code, the | 106686 |
| military injury relief fund created in section 5101.98 of the | 106687 |
| Revised Code, the Ohio historical society income tax contribution | 106688 |
| fund created in section 149.308 of the Revised Code, or all of | 106689 |
|
those funds | 106690 |
| amount that the taxpayer wishes to contribute to the fund or | 106691 |
| funds. A designated contribution is irrevocable upon the filing of | 106692 |
| the return and shall be made in the full amount designated if the | 106693 |
| refund found due the taxpayer upon the initial processing of the | 106694 |
| taxpayer's return, after any deductions including those required | 106695 |
| by section 5747.12 of the Revised Code, is greater than or equal | 106696 |
| to the designated contribution. If the refund due as initially | 106697 |
| determined is less than the designated contribution, the | 106698 |
| contribution shall be made in the full amount of the refund. The | 106699 |
| tax commissioner shall subtract the amount of the contribution | 106700 |
| from the amount of the refund initially found due the taxpayer and | 106701 |
| shall certify the difference to the director of budget and | 106702 |
| management and treasurer of state for payment to the taxpayer in | 106703 |
| accordance with section 5747.11 of the Revised Code. For the | 106704 |
| purpose of any subsequent determination of the taxpayer's net tax | 106705 |
| payment, the contribution shall be considered a part of the refund | 106706 |
| paid to the taxpayer. | 106707 |
| (B) The tax commissioner shall provide a space on the income | 106708 |
| tax return form in which a taxpayer may indicate that the taxpayer | 106709 |
| wishes to make a donation in accordance with this section. The tax | 106710 |
| commissioner shall also print in the instructions accompanying the | 106711 |
| income tax return form a description of the purposes for which the | 106712 |
| natural areas and preserves fund, the nongame and endangered | 106713 |
|
wildlife fund, | 106714 |
| historical society income tax contribution fund were created and | 106715 |
| the use of moneys from the income tax refund contribution system | 106716 |
| established in this section. No person shall designate on the | 106717 |
| person's income tax return any part of a refund claimed under | 106718 |
| section 5747.11 of the Revised Code as a contribution to any fund | 106719 |
| other than the natural areas and preserves fund, the nongame and | 106720 |
|
endangered wildlife
fund, the military injury relief fund, or
| 106721 |
| 106722 | |
| fund. | 106723 |
| (C) The money collected under the income tax refund | 106724 |
| contribution system established in this section shall be deposited | 106725 |
| by the tax commissioner into the natural areas and preserves fund, | 106726 |
|
the
nongame and endangered wildlife fund, | 106727 |
| relief fund, and the Ohio historical society income tax | 106728 |
| contribution fund in the amounts designated on the tax returns. | 106729 |
| (D) No later than the thirtieth day of September each year, | 106730 |
| the tax commissioner shall determine the total amount contributed | 106731 |
| to each fund under this section during the preceding eight months, | 106732 |
| any adjustments to prior months, and the cost to the department of | 106733 |
| taxation of administering the income tax refund contribution | 106734 |
| system during that eight-month period. The commissioner shall make | 106735 |
| an additional determination no later than the thirty-first day of | 106736 |
| January of each year of the total amount contributed to each fund | 106737 |
| under this section during the preceding four calendar months, any | 106738 |
| adjustments to prior years made during that four-month period, and | 106739 |
| the cost to the department of taxation of administering the income | 106740 |
| tax contribution system during that period. The cost of | 106741 |
| administering the income tax contribution system shall be | 106742 |
| certified by the tax commissioner to the director of budget and | 106743 |
|
management, who shall transfer an amount equal to
| 106744 |
| one-fourth of such administrative costs from the natural areas and | 106745 |
|
preserves fund, | 106746 |
|
nongame and
endangered wildlife fund, | 106747 |
| such costs from the military injury relief fund, and one-fourth of | 106748 |
| such costs from the Ohio historical society income tax | 106749 |
|
contribution fund to the | 106750 |
| income tax contribution administration fund, which is hereby | 106751 |
| created, provided that the moneys that the department receives to | 106752 |
| pay the cost of administering the income tax refund contribution | 106753 |
| system in any year shall not exceed two and one-half per cent of | 106754 |
| the total amount contributed under that system during that year. | 106755 |
| (E)(1) The director of natural resources, in January of every | 106756 |
| odd-numbered year, shall report to the general assembly on the | 106757 |
| effectiveness of the income tax refund contribution system as it | 106758 |
| pertains to the natural areas and preserves fund and the nongame | 106759 |
| and endangered wildlife fund. The report shall include the amount | 106760 |
| of money contributed to each fund in each of the previous five | 106761 |
| years, the amount of money contributed directly to each fund in | 106762 |
| addition to or independently of the income tax refund contribution | 106763 |
| system in each of the previous five years, and the purposes for | 106764 |
| which the money was expended. | 106765 |
| (2) The director of job and family services and the director | 106766 |
| of the Ohio historical society, in January of every odd-numbered | 106767 |
| year, each shall report to the general assembly on the | 106768 |
| effectiveness of the income tax refund contribution system as it | 106769 |
| pertains to the military injury relief fund and the Ohio | 106770 |
| historical society income tax contribution fund, respectively. The | 106771 |
| report shall include the amount of money contributed to the fund | 106772 |
| in each of the previous five years, the amount of money | 106773 |
| contributed directly to the fund in addition to or independently | 106774 |
| of the income tax refund contribution system in each of the | 106775 |
| previous five years, and the purposes for which the money was | 106776 |
| expended. | 106777 |
| Sec. 5747.13. (A) If any employer collects the tax imposed | 106778 |
| by section 5747.02 or under Chapter 5748. of the Revised Code and | 106779 |
| fails to remit the tax as required by law, or fails to collect the | 106780 |
| tax, the employer is personally liable for any amount collected | 106781 |
| that the employer fails to remit, or any amount that the employer | 106782 |
| fails to collect. If any taxpayer fails to file a return or fails | 106783 |
| to pay the tax imposed by section 5747.02 or under Chapter 5748. | 106784 |
| of the Revised Code, the taxpayer is personally liable for the | 106785 |
| amount of the tax. | 106786 |
| If any employer, taxpayer, or qualifying entity required to | 106787 |
| file a return under this chapter fails to file the return within | 106788 |
| the time prescribed, files an incorrect return, fails to remit the | 106789 |
| full amount of the taxes due for the period covered by the return, | 106790 |
| or fails to remit any additional tax due as a result of a | 106791 |
| reduction in the amount of the credit allowed under division (B) | 106792 |
| of section 5747.05 of the Revised Code together with interest on | 106793 |
| the additional tax within the time prescribed by that division, | 106794 |
| the tax commissioner may make an assessment against any person | 106795 |
| liable for any deficiency for the period for which the return is | 106796 |
| or taxes are due, based upon any information in the commissioner's | 106797 |
| possession. | 106798 |
| An assessment issued against either the employer or the | 106799 |
| taxpayer pursuant to this section shall not be considered an | 106800 |
| election of remedies or a bar to an assessment against the other | 106801 |
| for failure to report or pay the same tax. No assessment shall be | 106802 |
| issued against any person if the tax actually has been paid by | 106803 |
| another. | 106804 |
| No assessment shall be made or issued against an employer, | 106805 |
| taxpayer, or qualifying entity more than four years after the | 106806 |
| final date the return subject to assessment was required to be | 106807 |
| filed or the date the return was filed, whichever is later. | 106808 |
| However, the commissioner may assess any balance due as the result | 106809 |
| of a reduction in the credit allowed under division (B) of section | 106810 |
| 5747.05 of the Revised Code, including applicable penalty and | 106811 |
| interest, within four years of the date on which the taxpayer | 106812 |
| reports a change in either the portion of the taxpayer's adjusted | 106813 |
| gross income subjected to an income tax or tax measured by income | 106814 |
| in another state or the District of Columbia, or the amount of | 106815 |
| liability for an income tax or tax measured by income to another | 106816 |
| state or the District of Columbia, as required by division (B)(3) | 106817 |
| of section 5747.05 of the Revised Code. Such time limits may be | 106818 |
| extended if both the employer, taxpayer, or qualifying entity and | 106819 |
| the commissioner consent in writing to the extension or if an | 106820 |
| agreement waiving or extending the time limits has been entered | 106821 |
| into pursuant to section 122.171 of the Revised Code. Any such | 106822 |
| extension shall extend the four-year time limit in division (B) of | 106823 |
| section 5747.11 of the Revised Code for the same period of time. | 106824 |
| There shall be no bar or limit to an assessment against an | 106825 |
| employer for taxes withheld from employees and not remitted to the | 106826 |
| state, against an employer, taxpayer, or qualifying entity that | 106827 |
| fails to file a return subject to assessment as required by this | 106828 |
| chapter, or against an employer, taxpayer, or qualifying entity | 106829 |
| that files a fraudulent return. | 106830 |
| The commissioner shall give the party assessed written notice | 106831 |
| of the assessment in the manner provided in section 5703.37 of the | 106832 |
| Revised Code. With the notice, the commissioner shall provide | 106833 |
| instructions on how to petition for reassessment and request a | 106834 |
| hearing on the petition. | 106835 |
| (B) Unless the party assessed files with the tax commissioner | 106836 |
| within sixty days after service of the notice of assessment, | 106837 |
| either personally or by certified mail, a written petition for | 106838 |
| reassessment, signed by the party assessed or that party's | 106839 |
| authorized agent having knowledge of the facts, the assessment | 106840 |
| becomes final, and the amount of the assessment is due and payable | 106841 |
| from the party assessed to the commissioner with remittance made | 106842 |
| payable to the treasurer of state. The petition shall indicate the | 106843 |
| objections of the party assessed, but additional objections may be | 106844 |
| raised in writing if received by the commissioner prior to the | 106845 |
| date shown on the final determination. If the petition has been | 106846 |
| properly filed, the commissioner shall proceed under section | 106847 |
| 5703.60 of the Revised Code. | 106848 |
| (C) After an assessment becomes final, if any portion of the | 106849 |
| assessment remains unpaid, including accrued interest, a certified | 106850 |
| copy of the tax commissioner's entry making the assessment final | 106851 |
| may be filed in the office of the clerk of the court of common | 106852 |
| pleas in the county in which the employer's, taxpayer's, or | 106853 |
| qualifying entity's place of business is located or the county in | 106854 |
| which the party assessed resides. If the party assessed is not a | 106855 |
| resident of this state, the certified copy of the entry may be | 106856 |
| filed in the office of the clerk of the court of common pleas of | 106857 |
| Franklin county. | 106858 |
| Immediately upon the filing of the entry, the clerk shall | 106859 |
| enter a judgment against the party assessed in the amount shown on | 106860 |
| the entry. The judgment shall be filed by the clerk in one of two | 106861 |
| loose-leaf books, one entitled "special judgments for state and | 106862 |
| school district income taxes," and the other entitled "special | 106863 |
| judgments for qualifying entity taxes." The judgment shall have | 106864 |
| the same effect as other judgments. Execution shall issue upon the | 106865 |
| judgment upon the request of the tax commissioner, and all laws | 106866 |
| applicable to sales on execution shall apply to sales made under | 106867 |
| the judgment. | 106868 |
| The portion of the assessment not paid within sixty days | 106869 |
| after the assessment was issued shall bear interest at the rate | 106870 |
| per annum prescribed by section 5703.47 of the Revised Code from | 106871 |
| the day the tax commissioner issues the assessment until it is | 106872 |
| paid. Interest shall be paid in the same manner as the tax and may | 106873 |
| be collected by the issuance of an assessment under this section. | 106874 |
| (D) All money collected under this section shall be | 106875 |
| considered as revenue arising from the taxes imposed by this | 106876 |
| chapter or Chapter 5733. or 5748. of the Revised Code, as | 106877 |
| appropriate. | 106878 |
| (E) | 106879 |
| 106880 |
| | 106881 |
| 106882 | |
| 106883 |
| | 106884 |
| 106885 | |
| 106886 | |
| 106887 | |
| 106888 | |
| 106889 | |
| 106890 | |
| 106891 | |
| 106892 | |
| 106893 | |
| 106894 |
| | 106895 |
| 106896 | |
| 106897 | |
| 106898 | |
| 106899 |
| | 106900 |
| 106901 | |
| 106902 | |
| 106903 | |
| 106904 | |
| 106905 | |
| 106906 | |
| 106907 | |
| 106908 | |
| 106909 | |
| 106910 | |
| 106911 |
| | 106912 |
| 106913 | |
| 106914 | |
| 106915 | |
| 106916 | |
| 106917 | |
| 106918 |
| | 106919 |
| 106920 | |
| 106921 | |
| 106922 | |
| 106923 | |
| 106924 |
| | 106925 |
| 106926 | |
| 106927 | |
| 106928 |
| | 106929 |
| 106930 | |
| assessed files a petition for reassessment under division (B) of | 106931 |
| this section, the person, on or before the last day the petition | 106932 |
| may be filed, shall pay the assessed amount, including assessed | 106933 |
| interest and assessed penalties, if any of the following | 106934 |
| conditions exists: | 106935 |
| (1) The person files a tax return reporting Ohio adjusted | 106936 |
| gross income, less the exemptions allowed by section 5747.025 of | 106937 |
| the Revised Code, in an amount less than one cent, and the | 106938 |
| reported amount is not based on the computations required under | 106939 |
| division (A) of section 5747.01 or section 5747.025 of the Revised | 106940 |
| Code. | 106941 |
| (2) The person files a tax return that the tax commissioner | 106942 |
| determines to be incomplete, false, fraudulent, or frivolous. | 106943 |
| (3) The person fails to file a tax return, and the basis for | 106944 |
| this failure is not either of the following: | 106945 |
| (a) An assertion that the person has no nexus with this | 106946 |
| state; | 106947 |
| (b) The computations required under division (A) of section | 106948 |
| 5747.01 of the Revised Code or the application of credits allowed | 106949 |
| under this chapter has the result that the person's tax liability | 106950 |
| is less than one dollar and one cent. | 106951 |
| (F) Notwithstanding the fact that a petition for reassessment | 106952 |
| is pending, the petitioner may pay all or a portion of the | 106953 |
| assessment that is the subject of the petition. The acceptance of | 106954 |
| a payment by the treasurer of state does not prejudice any claim | 106955 |
| for refund upon final determination of the petition. | 106956 |
| If upon final determination of the petition an error in the | 106957 |
| assessment is corrected by the tax commissioner, upon petition so | 106958 |
| filed or pursuant to a decision of the board of tax appeals or any | 106959 |
| court to which the determination or decision has been appealed, so | 106960 |
| that the amount due from the party assessed under the corrected | 106961 |
| assessment is less than the portion paid, there shall be issued to | 106962 |
| the petitioner or to the petitioner's assigns or legal | 106963 |
| representative a refund in the amount of the overpayment as | 106964 |
| provided by section 5747.11 of the Revised Code, with interest on | 106965 |
| that amount as provided by such section, subject to section | 106966 |
| 5747.12 of the Revised Code. | 106967 |
| Sec. 5747.16. Any nonresident who accepts the privileges | 106968 |
| extended by the laws of this state to nonresidents earning or | 106969 |
| receiving income in this state, and any resident who becomes a | 106970 |
|
nonresident or conceals | 106971 |
|
the secretary of state | 106972 |
| process or notice in any assessment, action, or proceedings | 106973 |
| instituted in this state against such person under this chapter, | 106974 |
|
such process or notice shall be served | 106975 |
| 106976 | |
| 106977 | |
| 106978 | |
| 106979 | |
| 106980 | |
| 106981 | |
| 106982 | |
| 106983 | |
| 106984 | |
| provided under section 5703.37 of the Revised Code. | 106985 |
| Sec. 5747.66. (A) Any term used in this section has the same | 106986 |
| meaning as in section 122.85 of the Revised Code. | 106987 |
| (B) There is allowed a credit against the tax imposed by | 106988 |
| section 5747.02 of the Revised Code for any individual who, on the | 106989 |
| last day of the individual's taxable year, is the certificate | 106990 |
| owner of a tax credit certificate issued under section 122.85 of | 106991 |
| the Revised Code. The credit shall be claimed for the taxable year | 106992 |
| that includes the date the certificate was issued by the director | 106993 |
| of development. The credit amount equals the amount stated in the | 106994 |
| certificate. The credit shall be claimed in the order required | 106995 |
| under section 5747.98 of the Revised Code. If the credit amount | 106996 |
| exceeds the tax otherwise due under section 5747.02 of the Revised | 106997 |
| Code after deducting all other credits in that order, the excess | 106998 |
| shall be refunded. | 106999 |
| Nothing in this section limits or disallows pass-through | 107000 |
| treatment of the credit. | 107001 |
| Sec. 5747.98. (A) To provide a uniform procedure for | 107002 |
| calculating the amount of tax due under section 5747.02 of the | 107003 |
| Revised Code, a taxpayer shall claim any credits to which the | 107004 |
| taxpayer is entitled in the following order: | 107005 |
| (1) The retirement income credit under division (B) of | 107006 |
| section 5747.055 of the Revised Code; | 107007 |
| (2) The senior citizen credit under division (C) of section | 107008 |
| 5747.05 of the Revised Code; | 107009 |
| (3) The lump sum distribution credit under division (D) of | 107010 |
| section 5747.05 of the Revised Code; | 107011 |
| (4) The dependent care credit under section 5747.054 of the | 107012 |
| Revised Code; | 107013 |
| (5) The lump sum retirement income credit under division (C) | 107014 |
| of section 5747.055 of the Revised Code; | 107015 |
| (6) The lump sum retirement income credit under division (D) | 107016 |
| of section 5747.055 of the Revised Code; | 107017 |
| (7) The lump sum retirement income credit under division (E) | 107018 |
| of section 5747.055 of the Revised Code; | 107019 |
| (8) The low-income credit under section 5747.056 of the | 107020 |
| Revised Code; | 107021 |
| (9) The credit for displaced workers who pay for job training | 107022 |
| under section 5747.27 of the Revised Code; | 107023 |
| (10) The campaign contribution credit under section 5747.29 | 107024 |
| of the Revised Code; | 107025 |
| (11) The twenty-dollar personal exemption credit under | 107026 |
| section 5747.022 of the Revised Code; | 107027 |
| (12) The joint filing credit under division (G) of section | 107028 |
| 5747.05 of the Revised Code; | 107029 |
| (13) The nonresident credit under division (A) of section | 107030 |
| 5747.05 of the Revised Code; | 107031 |
| (14) The credit for a resident's out-of-state income under | 107032 |
| division (B) of section 5747.05 of the Revised Code; | 107033 |
| (15) The credit for employers that enter into agreements with | 107034 |
| child day-care centers under section 5747.34 of the Revised Code; | 107035 |
| (16) The credit for employers that reimburse employee child | 107036 |
| care expenses under section 5747.36 of the Revised Code; | 107037 |
| (17) The credit for adoption of a minor child under section | 107038 |
| 5747.37 of the Revised Code; | 107039 |
| (18) The credit for purchases of lights and reflectors under | 107040 |
| section 5747.38 of the Revised Code; | 107041 |
| (19) The job retention credit under division (B) of section | 107042 |
| 5747.058 of the Revised Code; | 107043 |
| (20) The credit for selling alternative fuel under section | 107044 |
| 5747.77 of the Revised Code; | 107045 |
| (21) The second credit for purchases of new manufacturing | 107046 |
| machinery and equipment and the credit for using Ohio coal under | 107047 |
| section 5747.31 of the Revised Code; | 107048 |
| (22) The job training credit under section 5747.39 of the | 107049 |
| Revised Code; | 107050 |
| (23) The enterprise zone credit under section 5709.66 of the | 107051 |
| Revised Code; | 107052 |
| (24) The credit for the eligible costs associated with a | 107053 |
| voluntary action under section 5747.32 of the Revised Code; | 107054 |
| (25) The credit for employers that establish on-site child | 107055 |
| day-care centers under section 5747.35 of the Revised Code; | 107056 |
| (26) The ethanol plant investment credit under section | 107057 |
| 5747.75 of the Revised Code; | 107058 |
| (27) The credit for purchases of qualifying grape production | 107059 |
| property under section 5747.28 of the Revised Code; | 107060 |
| (28) The export sales credit under section 5747.057 of the | 107061 |
| Revised Code; | 107062 |
| (29) The credit for research and development and technology | 107063 |
| transfer investors under section 5747.33 of the Revised Code; | 107064 |
| (30) The enterprise zone credits under section 5709.65 of the | 107065 |
| Revised Code; | 107066 |
| (31) The research and development credit under section | 107067 |
| 5747.331 of the Revised Code; | 107068 |
| (32) The credit for rehabilitating a historic building under | 107069 |
| section 5747.76 of the Revised Code; | 107070 |
| (33) The refundable credit for rehabilitating a historic | 107071 |
| building under section 5747.76 of the Revised Code; | 107072 |
| (34) The refundable jobs creation credit under division (A) | 107073 |
| of section 5747.058 of the Revised Code; | 107074 |
| (35) The refundable credit for taxes paid by a qualifying | 107075 |
| entity granted under section 5747.059 of the Revised Code; | 107076 |
| (36) The refundable credits for taxes paid by a qualifying | 107077 |
| pass-through entity granted under division (J) of section 5747.08 | 107078 |
| of the Revised Code; | 107079 |
| (37) The refundable credit for tax withheld under division | 107080 |
| (B)(1) of section 5747.062 of the Revised Code; | 107081 |
| (38) The refundable credit under section 5747.80 of the | 107082 |
| Revised Code for losses on loans made to the Ohio venture capital | 107083 |
| program under sections 150.01 to 150.10 of the Revised Code; | 107084 |
| (39) The refundable motion picture production credit under | 107085 |
| section 5747.66 of the Revised Code. | 107086 |
| (B) For any credit, except the refundable credits enumerated | 107087 |
|
in
| 107088 |
| granted under division (I) of section 5747.08 of the Revised | 107089 |
| Code, the amount of the credit for a taxable year shall not | 107090 |
| exceed the tax due after allowing for any other credit that | 107091 |
| precedes it in the order required under this section. Any excess | 107092 |
| amount of a particular credit may be carried forward if | 107093 |
| authorized under the section creating that credit. Nothing in | 107094 |
| this chapter shall be construed to allow a taxpayer to claim, | 107095 |
| directly or indirectly, a credit more than once for a taxable | 107096 |
| year. | 107097 |
| Sec. 5748.02. (A) The board of education of any school | 107098 |
| district, except a joint vocational school district, may declare, | 107099 |
| by resolution, the necessity of raising annually a specified | 107100 |
| amount of money for school district purposes. The resolution shall | 107101 |
| specify whether the income that is to be subject to the tax is | 107102 |
| taxable income of individuals and estates as defined in divisions | 107103 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 107104 |
| taxable income of individuals as defined in division (E)(1)(b) of | 107105 |
| that section. A copy of the resolution shall be certified to the | 107106 |
| tax commissioner no later than eighty-five days prior to the date | 107107 |
| of the election at which the board intends to propose a levy under | 107108 |
| this section. Upon receipt of the copy of the resolution, the tax | 107109 |
| commissioner shall estimate both of the following: | 107110 |
| (1) The property tax rate that would have to be imposed in | 107111 |
| the current year by the district to produce an equivalent amount | 107112 |
| of money; | 107113 |
| (2) The income tax rate that would have had to have been in | 107114 |
| effect for the current year to produce an equivalent amount of | 107115 |
| money from a school district income tax. | 107116 |
| Within ten days of receiving the copy of the board's | 107117 |
| resolution, the commissioner shall prepare these estimates and | 107118 |
| certify them to the board. Upon receipt of the certification, the | 107119 |
| board may adopt a resolution proposing an income tax under | 107120 |
| division (B) of this section at the estimated rate contained in | 107121 |
| the certification rounded to the nearest one-fourth of one per | 107122 |
| cent. The commissioner's certification applies only to the board's | 107123 |
| proposal to levy an income tax at the election for which the board | 107124 |
| requested the certification. If the board intends to submit a | 107125 |
| proposal to levy an income tax at any other election, it shall | 107126 |
| request another certification for that election in the manner | 107127 |
| prescribed in this division. | 107128 |
| (B)(1) Upon the receipt of a certification from the tax | 107129 |
| commissioner under division (A) of this section, a majority of the | 107130 |
| members of a board of education may adopt a resolution proposing | 107131 |
| the levy of an annual tax for school district purposes on school | 107132 |
| district income. The proposed levy may be for a continuing period | 107133 |
| of time or for a specified number of years. The resolution shall | 107134 |
| set forth the purpose for which the tax is to be imposed, the rate | 107135 |
| of the tax, which shall be the rate set forth in the | 107136 |
| commissioner's certification rounded to the nearest one-fourth of | 107137 |
| one per cent, the number of years the tax will be levied or that | 107138 |
| it will be levied for a continuing period of time, the date on | 107139 |
| which the tax shall take effect, which shall be the first day of | 107140 |
| January of any year following the year in which the question is | 107141 |
| submitted, and the date of the election at which the proposal | 107142 |
| shall be submitted to the electors of the district, which shall be | 107143 |
| on the date of a primary, general, or special election the date of | 107144 |
| which is consistent with section 3501.01 of the Revised Code. The | 107145 |
| resolution shall specify whether the income that is to be subject | 107146 |
| to the tax is taxable income of individuals and estates as defined | 107147 |
| in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised | 107148 |
| Code or taxable income of individuals as defined in division | 107149 |
| (E)(1)(b) of that section. The specification shall be the same as | 107150 |
| the specification in the resolution adopted and certified under | 107151 |
| division (A) of this section. | 107152 |
| If the tax is to be levied for current expenses and permanent | 107153 |
| improvements, the resolution shall apportion the annual rate of | 107154 |
| the tax. The apportionment may be the same or different for each | 107155 |
| year the tax is levied, but the respective portions of the rate | 107156 |
| actually levied each year for current expenses and for permanent | 107157 |
| improvements shall be limited by the apportionment. | 107158 |
| If the board of education currently imposes an income tax | 107159 |
| pursuant to this chapter that is due to expire and a question is | 107160 |
| submitted under this section for a proposed income tax to take | 107161 |
| effect upon the expiration of the existing tax, the board may | 107162 |
| specify in the resolution that the proposed tax renews the | 107163 |
|
expiring tax | 107164 |
| Two or more expiring income taxes may be renewed under this | 107165 |
| paragraph if the taxes are due to expire on the same date. If the | 107166 |
|
tax rate
being proposed is no higher than the total tax rate | 107167 |
| 107168 | |
| may state that the proposed tax is not an additional income tax. | 107169 |
| (2) A board of education adopting a resolution under division | 107170 |
| (B)(1) of this section proposing a school district income tax for | 107171 |
| a continuing period of time and limited to the purpose of current | 107172 |
| expenses may propose in that resolution to reduce the rate or | 107173 |
| rates of one or more of the school district's property taxes | 107174 |
| levied for a continuing period of time in excess of the ten-mill | 107175 |
| limitation for the purpose of current expenses. The reduction in | 107176 |
| the rate of a property tax may be any amount, expressed in mills | 107177 |
| per one dollar in valuation, not exceeding the rate at which the | 107178 |
| tax is authorized to be levied. The reduction in the rate of a tax | 107179 |
| shall first take effect for the tax year that includes the day on | 107180 |
| which the school district income tax first takes effect, and shall | 107181 |
| continue for each tax year that both the school district income | 107182 |
| tax and the property tax levy are in effect. | 107183 |
| In addition to the matters required to be set forth in the | 107184 |
| resolution under division (B)(1) of this section, a resolution | 107185 |
| containing a proposal to reduce the rate of one or more property | 107186 |
| taxes shall state for each such tax the maximum rate at which it | 107187 |
| currently may be levied and the maximum rate at which the tax | 107188 |
| could be levied after the proposed reduction, expressed in mills | 107189 |
| per one dollar in valuation, and that the tax is levied for a | 107190 |
| continuing period of time. | 107191 |
| If a board of education proposes to reduce the rate of one or | 107192 |
| more property taxes under division (B)(2) of this section, the | 107193 |
| board, when it makes the certification required under division (A) | 107194 |
| of this section, shall designate the specific levy or levies to be | 107195 |
| reduced, the maximum rate at which each levy currently is | 107196 |
| authorized to be levied, and the rate by which each levy is | 107197 |
| proposed to be reduced. The tax commissioner, when making the | 107198 |
| certification to the board under division (A) of this section, | 107199 |
| also shall certify the reduction in the total effective tax rate | 107200 |
| for current expenses for each class of property that would have | 107201 |
| resulted if the proposed reduction in the rate or rates had been | 107202 |
| in effect the previous tax year. As used in this paragraph, | 107203 |
| "effective tax rate" has the same meaning as in section 323.08 of | 107204 |
| the Revised Code. | 107205 |
| (C) A resolution adopted under division (B) of this section | 107206 |
| shall go into immediate effect upon its passage, and no | 107207 |
| publication of the resolution shall be necessary other than that | 107208 |
| provided for in the notice of election. Immediately after its | 107209 |
| adoption and at least seventy-five days prior to the election at | 107210 |
| which the question will appear on the ballot, a copy of the | 107211 |
| resolution shall be certified to the board of elections of the | 107212 |
| proper county, which shall submit the proposal to the electors on | 107213 |
| the date specified in the resolution. The form of the ballot shall | 107214 |
| be as provided in section 5748.03 of the Revised Code. Publication | 107215 |
| of notice of the election shall be made in one or more newspapers | 107216 |
| of general circulation in the county once a week for two | 107217 |
| consecutive weeks prior to the election, and, if the board of | 107218 |
| elections operates and maintains a web site, the board of | 107219 |
| elections shall post notice of the election on its web site for | 107220 |
| thirty days prior to the election. The notice shall contain the | 107221 |
| time and place of the election and the question to be submitted to | 107222 |
| the electors. The question covered by the resolution shall be | 107223 |
| submitted as a separate proposition, but may be printed on the | 107224 |
| same ballot with any other proposition submitted at the same | 107225 |
| election, other than the election of officers. | 107226 |
| (D) No board of education shall submit the question of a tax | 107227 |
| on school district income to the electors of the district more | 107228 |
| than twice in any calendar year. If a board submits the question | 107229 |
| twice in any calendar year, one of the elections on the question | 107230 |
| shall be held on the date of the general election. | 107231 |
| (E)(1) No board of education may submit to the electors of | 107232 |
| the district the question of a tax on school district income on | 107233 |
| the taxable income of individuals as defined in division (E)(1)(b) | 107234 |
| of section 5748.01 of the Revised Code if that tax would be in | 107235 |
| addition to an existing tax on the taxable income of individuals | 107236 |
| and estates as defined in divisions (E)(1)(a) and (2) of that | 107237 |
| section. | 107238 |
| (2) No board of education may submit to the electors of the | 107239 |
| district the question of a tax on school district income on the | 107240 |
| taxable income of individuals and estates as defined in divisions | 107241 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code if that | 107242 |
| tax would be in addition to an existing tax on the taxable income | 107243 |
| of individuals as defined in division (E)(1)(b) of that section. | 107244 |
| Sec. 5748.03. (A) The form of the ballot on a question | 107245 |
| submitted to the electors under section 5748.02 of the Revised | 107246 |
| Code shall be as follows: | 107247 |
| "Shall an annual income tax of ....... (state the proposed | 107248 |
| rate of tax) on the school district income of individuals and of | 107249 |
| estates be imposed by ....... (state the name of the school | 107250 |
| district), for ....... (state the number of years the tax would be | 107251 |
| levied, or that it would be levied for a continuing period of | 107252 |
| time), beginning ....... (state the date the tax would first take | 107253 |
| effect), for the purpose of ...... (state the purpose of the tax)? | 107254 |
| 107255 |
| FOR THE TAX | 107256 | ||||
| AGAINST THE TAX | " | 107257 |
| 107258 |
| (B)(1) If the question submitted to electors proposes a | 107259 |
| school district income tax only on the taxable income of | 107260 |
| individuals as defined in division (E)(1)(b) of section 5748.01 of | 107261 |
| the Revised Code, the form of the ballot shall be modified by | 107262 |
| stating that the tax is to be levied on the "earned income of | 107263 |
| individuals residing in the school district" in lieu of the | 107264 |
| "school district income of individuals and of estates." | 107265 |
| (2) If the question submitted to electors proposes to renew | 107266 |
| 107267 | |
| modified by adding the following language immediately after the | 107268 |
| name of the school district that would impose the tax: "to renew | 107269 |
| an income tax (or income taxes) expiring at the end of ........ | 107270 |
| (state the last year the existing income tax or taxes may be | 107271 |
| levied)." | 107272 |
| (3) If the question includes a proposal under division (B)(2) | 107273 |
| of section 5748.02 of the Revised Code to reduce the rate of one | 107274 |
| or more school district property taxes, the ballot shall state | 107275 |
| that the purpose of the school district income tax is for current | 107276 |
| expenses, and the form of the ballot shall be modified by adding | 107277 |
| the following language immediately after the statement of the | 107278 |
| purpose of the proposed income tax: ", and shall the rate of an | 107279 |
| existing tax on property, currently levied for the purpose of | 107280 |
| current expenses at the rate of ....... mills, be REDUCED to | 107281 |
| ....... mills until any such time as the income tax is repealed." | 107282 |
| In lieu of "for the tax" and "against the tax," the phrases "for | 107283 |
| the issue" and "against the issue," respectively, shall be used. | 107284 |
| If a board of education proposes a reduction in the rates of more | 107285 |
| than one tax, the ballot language shall be modified accordingly to | 107286 |
| express the rates at which those taxes currently are levied and | 107287 |
| the rates to which the taxes will be reduced. | 107288 |
| (C) The board of elections shall certify the results of the | 107289 |
| election to the board of education and to the tax commissioner. If | 107290 |
| a majority of the electors voting on the question vote in favor of | 107291 |
| it, the income tax, the applicable provisions of Chapter 5747. of | 107292 |
| the Revised Code, and the reduction in the rate or rates of | 107293 |
| existing property taxes if the question included such a reduction | 107294 |
| shall take effect on the date specified in the resolution. If the | 107295 |
| question approved by the voters includes a reduction in the rate | 107296 |
| of a school district property tax, the board of education shall | 107297 |
| not levy the tax at a rate greater than the rate to which the tax | 107298 |
| is reduced, unless the school district income tax is repealed in | 107299 |
| an election under section 5748.04 of the Revised Code. | 107300 |
| (D) If the rate at which a property tax is levied and | 107301 |
| collected is reduced pursuant to a question approved under this | 107302 |
| section, the tax commissioner shall compute the percentage | 107303 |
| required to be computed for that tax under division (D) of section | 107304 |
| 319.301 of the Revised Code each year the rate is reduced as if | 107305 |
| the tax had been levied in the preceding year at the rate at which | 107306 |
| it has been reduced. If the rate of a property tax increases due | 107307 |
| to the repeal of the school district income tax pursuant to | 107308 |
| section 5748.04 of the Revised Code, the tax commissioner, for the | 107309 |
| first year for which the rate increases, shall compute the | 107310 |
| percentage as if the tax in the preceding year had been levied at | 107311 |
| the rate at which the tax was authorized to be levied prior to any | 107312 |
| rate reduction. | 107313 |
| Sec. 5749.02. (A) For the purpose of providing revenue to | 107314 |
| administer the state's coal mining and reclamation regulatory | 107315 |
| program, to meet the environmental and resource management needs | 107316 |
| of this state, and to reclaim land affected by mining, an excise | 107317 |
| tax is hereby levied on the privilege of engaging in the severance | 107318 |
| of natural resources from the soil or water of this state. The tax | 107319 |
| shall be imposed upon the severer and shall be: | 107320 |
| (1) Ten cents per ton of coal; | 107321 |
| (2) Four cents per ton of salt; | 107322 |
| (3) Two cents per ton of limestone or dolomite; | 107323 |
| (4) Two cents per ton of sand and gravel; | 107324 |
| (5) Ten cents per barrel of oil; | 107325 |
| (6) Two and one-half cents per thousand cubic feet of natural | 107326 |
| gas; | 107327 |
| (7) One cent per ton of clay, sandstone or conglomerate, | 107328 |
| shale, gypsum, or quartzite; | 107329 |
| (8) Except as otherwise provided in this division or in rules | 107330 |
| adopted by the reclamation forfeiture fund advisory board under | 107331 |
| section 1513.182 of the Revised Code, an additional fourteen cents | 107332 |
| per ton of coal produced from an area under a coal mining and | 107333 |
| reclamation permit issued under Chapter 1513. of the Revised Code | 107334 |
| for which the performance security is provided under division | 107335 |
| (C)(2) of section 1513.08 of the Revised Code. Beginning July 1, | 107336 |
| 2007, if at the end of a fiscal biennium the balance of the | 107337 |
| reclamation forfeiture fund created in section 1513.18 of the | 107338 |
| Revised Code is equal to or greater than ten million dollars, the | 107339 |
| rate levied shall be twelve cents per ton. Beginning July 1, | 107340 |
| 2007, if at the end of a fiscal biennium the balance of the fund | 107341 |
| is at least five million dollars, but less than ten million | 107342 |
| dollars, the rate levied shall be fourteen cents per ton. | 107343 |
| Beginning July 1, 2007, if at the end of a fiscal biennium the | 107344 |
| balance of the fund is less than five million dollars, the rate | 107345 |
| levied shall be sixteen cents per ton. Beginning July 1, 2009, | 107346 |
| not later than thirty days after the close of a fiscal biennium, | 107347 |
| the chief of the division of mineral resources management shall | 107348 |
| certify to the tax commissioner the amount of the balance of the | 107349 |
| reclamation forfeiture fund as of the close of the fiscal | 107350 |
| biennium. Any necessary adjustment of the rate levied shall take | 107351 |
| effect on the first day of the following January and shall remain | 107352 |
| in effect during the calendar biennium that begins on that date. | 107353 |
| (9) An additional one and two-tenths cents per ton of coal | 107354 |
| mined by surface mining methods. | 107355 |
| (B) Of the moneys received by the treasurer of state from the | 107356 |
| tax levied in division (A)(1) of this section, four and | 107357 |
| seventy-six-hundredths per cent shall be credited to the | 107358 |
| geological mapping fund created in section 1505.09 of the Revised | 107359 |
| Code, eighty and ninety-five-hundredths per cent shall be credited | 107360 |
| to the coal mining administration and reclamation reserve fund | 107361 |
| created in section 1513.181 of the Revised Code, and fourteen and | 107362 |
| twenty-nine-hundredths per cent shall be credited to the | 107363 |
| unreclaimed lands fund created in section 1513.30 of the Revised | 107364 |
| Code. | 107365 |
| | 107366 |
| treasurer of state from the tax levied in division (A)(2) of this | 107367 |
|
section
shall
be credited to the geological mapping fund | 107368 |
| 107369 |
| Of the moneys received by the treasurer of state from the tax | 107370 |
| levied in divisions (A)(3) and (4) of this section, seven and | 107371 |
| five-tenths per cent shall be credited to the geological mapping | 107372 |
| fund, forty-two and five-tenths per cent shall be credited to the | 107373 |
| unreclaimed lands fund, and the remainder shall be credited to the | 107374 |
| surface mining fund created in section 1514.06 of the Revised | 107375 |
| Code. | 107376 |
| Of the moneys received by the treasurer of state from the tax | 107377 |
| levied in divisions (A)(5) and (6) of this section, ninety per | 107378 |
| cent shall be credited to the oil and gas well fund created in | 107379 |
| section 1509.02 of the Revised Code and ten per cent shall be | 107380 |
| credited to the geological mapping fund. All of the moneys | 107381 |
| received by the treasurer of state from the tax levied in division | 107382 |
| (A)(7) of this section shall be credited to the surface mining | 107383 |
| fund. | 107384 |
| All of the moneys received by the treasurer of state from the | 107385 |
| tax levied in division (A)(8) of this section shall be credited to | 107386 |
| the reclamation forfeiture fund. | 107387 |
| All of the moneys received by the treasurer of state from the | 107388 |
| tax levied in division (A)(9) of this section shall be credited to | 107389 |
| the unreclaimed lands fund. | 107390 |
| (C) When, at the close of any fiscal year, the chief finds | 107391 |
| that the balance of the reclamation forfeiture fund, plus | 107392 |
| estimated transfers to it from the coal mining administration and | 107393 |
| reclamation reserve fund under section 1513.181 of the Revised | 107394 |
| Code, plus the estimated revenues from the tax levied by division | 107395 |
| (A)(8) of this section for the remainder of the calendar year that | 107396 |
| includes the close of the fiscal year, are sufficient to complete | 107397 |
| the reclamation of lands for which the performance security has | 107398 |
| been provided under division (C)(2) of section 1513.08 of the | 107399 |
| Revised Code, the purposes for which the tax under division (A)(8) | 107400 |
| of this section is levied shall be deemed accomplished at the end | 107401 |
| of that calendar year. The chief, within thirty days after the | 107402 |
| close of the fiscal year, shall certify those findings to the tax | 107403 |
| commissioner, and the tax levied under division (A)(8) of this | 107404 |
| section shall cease to be imposed after the last day of that | 107405 |
| calendar year on coal produced under a coal mining and reclamation | 107406 |
| permit issued under Chapter 1513. of the Revised Code if the | 107407 |
| permittee has made tax payments under division (A)(8) of this | 107408 |
| section during each of the preceding five full calendar years. Not | 107409 |
| later than thirty days after the close of a fiscal year, the chief | 107410 |
| shall certify to the tax commissioner the identity of any | 107411 |
| permittees who accordingly no longer are required to pay the tax | 107412 |
| levied under division (A)(8) of this section. | 107413 |
| Sec. 5749.12. Any nonresident of this state who accepts the | 107414 |
| privilege extended by the laws of this state to nonresidents | 107415 |
| severing natural resources in this state, and any resident of this | 107416 |
|
state who subsequently becomes a nonresident or conceals | 107417 |
|
resident's
whereabouts, makes the secretary of state of Ohio | 107418 |
| the person's agent for the service of process or notice in any | 107419 |
| assessment, action or proceedings instituted in this state against | 107420 |
| such person under this chapter. | 107421 |
| Such process or notice shall be served | 107422 |
| 107423 | |
| 107424 | |
| 107425 | |
| 107426 | |
| 107427 | |
| 107428 | |
| 107429 | |
| 107430 | |
| 107431 | |
| provided under section 5703.37 of the Revised Code. | 107432 |
| Sec. 5751.01. As used in this chapter: | 107433 |
| (A) "Person" means, but is not limited to, individuals, | 107434 |
| combinations of individuals of any form, receivers, assignees, | 107435 |
| trustees in bankruptcy, firms, companies, joint-stock companies, | 107436 |
| business trusts, estates, partnerships, limited liability | 107437 |
| partnerships, limited liability companies, associations, joint | 107438 |
| ventures, clubs, societies, for-profit corporations, S | 107439 |
| corporations, qualified subchapter S subsidiaries, qualified | 107440 |
| subchapter S trusts, trusts, entities that are disregarded for | 107441 |
|
federal income tax purposes, and any other entities. | 107442 |
| 107443 | |
| 107444 |
| (B) "Consolidated elected taxpayer" means a group of two or | 107445 |
| more persons treated as a single taxpayer for purposes of this | 107446 |
| chapter as the result of an election made under section 5751.011 | 107447 |
| of the Revised Code. | 107448 |
| (C) "Combined taxpayer" means a group of two or more persons | 107449 |
| treated as a single taxpayer for purposes of this chapter under | 107450 |
| section 5751.012 of the Revised Code. | 107451 |
| (D) "Taxpayer" means any person, or any group of persons in | 107452 |
| the case of a consolidated elected taxpayer or combined taxpayer | 107453 |
| treated as one taxpayer, required to register or pay tax under | 107454 |
| this chapter. "Taxpayer" does not include excluded persons. | 107455 |
| (E) "Excluded person" means any of the following: | 107456 |
| (1) Any person with not more than one hundred fifty thousand | 107457 |
| dollars of taxable gross receipts during the calendar year. | 107458 |
| Division (E)(1) of this section does not apply to a person that is | 107459 |
|
a member of a | 107460 |
| 107461 |
| (2) A public utility that paid the excise tax imposed by | 107462 |
| section 5727.24 or 5727.30 of the Revised Code based on one or | 107463 |
| more measurement periods that include the entire tax period under | 107464 |
| this chapter, except that a public utility that is a combined | 107465 |
| company is a taxpayer with regard to the following gross receipts: | 107466 |
| (a) Taxable gross receipts directly attributed to a public | 107467 |
| utility activity, but not directly attributed to an activity that | 107468 |
| is subject to the excise tax imposed by section 5727.24 or 5727.30 | 107469 |
| of the Revised Code; | 107470 |
| (b) Taxable gross receipts that cannot be directly attributed | 107471 |
| to any activity, multiplied by a fraction whose numerator is the | 107472 |
| taxable gross receipts described in division (E)(2)(a) of this | 107473 |
| section and whose denominator is the total taxable gross receipts | 107474 |
| that can be directly attributed to any activity; | 107475 |
| (c) Except for any differences resulting from the use of an | 107476 |
| accrual basis method of accounting for purposes of determining | 107477 |
| gross receipts under this chapter and the use of the cash basis | 107478 |
| method of accounting for purposes of determining gross receipts | 107479 |
| under section 5727.24 of the Revised Code, the gross receipts | 107480 |
| directly attributed to the activity of a natural gas company shall | 107481 |
| be determined in a manner consistent with division (D) of section | 107482 |
| 5727.03 of the Revised Code. | 107483 |
| As used in division (E)(2) of this section, "combined | 107484 |
| company" and "public utility" have the same meanings as in section | 107485 |
| 5727.01 of the Revised Code. | 107486 |
| (3) A financial institution, as defined in section 5725.01 of | 107487 |
| the Revised Code, that paid the corporation franchise tax charged | 107488 |
| by division (D) of section 5733.06 of the Revised Code based on | 107489 |
| one or more taxable years that include the entire tax period under | 107490 |
| this chapter; | 107491 |
| (4) A dealer in intangibles, as defined in section 5725.01 of | 107492 |
| the Revised Code, that paid the dealer in intangibles tax levied | 107493 |
| by division (D) of section 5707.03 of the Revised Code based on | 107494 |
| one or more measurement periods that include the entire tax period | 107495 |
| under this chapter; | 107496 |
| (5) A financial holding company as defined in the "Bank | 107497 |
| Holding Company Act," 12 U.S.C. 1841(p); | 107498 |
| (6) A bank holding company as defined in the "Bank Holding | 107499 |
| Company Act," 12 U.S.C. 1841(a); | 107500 |
| (7) A savings and loan holding company as defined in the | 107501 |
| "Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging | 107502 |
| only in activities or investments permissible for a financial | 107503 |
| holding company under 12 U.S.C. 1843(k); | 107504 |
| (8) A person directly or indirectly owned by one or more | 107505 |
| financial institutions, financial holding companies, bank holding | 107506 |
| companies, or savings and loan holding companies described in | 107507 |
| division (E)(3), (5), (6), or (7) of this section that is engaged | 107508 |
| in activities permissible for a financial holding company under 12 | 107509 |
| U.S.C. 1843(k), except that any such person held pursuant to | 107510 |
| merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12 | 107511 |
| U.S.C. 1843(k)(4)(I) is not an excluded person, or a person | 107512 |
| directly or indirectly owned by one or more insurance companies | 107513 |
| described in division (E)(9) of this section that is authorized to | 107514 |
| do the business of insurance in this state. | 107515 |
| For the purposes of division (E)(8) of this section, a person | 107516 |
| owns another person under the following circumstances: | 107517 |
| (a) In the case of corporations issuing capital stock, one | 107518 |
| corporation owns another corporation if it owns fifty per cent or | 107519 |
| more of the other corporation's capital stock with current voting | 107520 |
| rights; | 107521 |
| (b) In the case of a limited liability company, one person | 107522 |
| owns the company if that person's membership interest, as defined | 107523 |
| in section 1705.01 of the Revised Code, is fifty per cent or more | 107524 |
| of the combined membership interests of all persons owning such | 107525 |
| interests in the company; | 107526 |
| (c) In the case of a partnership, trust, or other | 107527 |
| unincorporated business organization other than a limited | 107528 |
| liability company, one person owns the organization if, under the | 107529 |
| articles of organization or other instrument governing the affairs | 107530 |
| of the organization, that person has a beneficial interest in the | 107531 |
| organization's profits, surpluses, losses, or distributions of | 107532 |
| fifty per cent or more of the combined beneficial interests of all | 107533 |
| persons having such an interest in the organization; | 107534 |
| (d) In the case of multiple ownership, the ownership | 107535 |
| interests of more than one person may be aggregated to meet the | 107536 |
| fifty per cent ownership tests in this division only when each | 107537 |
| such owner is described in division (E)(3), (5), (6), or (7) of | 107538 |
| this section and is engaged in activities permissible for a | 107539 |
| financial holding company under 12 U.S.C. 1843(k) or is a person | 107540 |
| directly or indirectly owned by one or more insurance companies | 107541 |
| described in division (E)(9) of this section that is authorized to | 107542 |
| do the business of insurance in this state. | 107543 |
| (9) A domestic insurance company or foreign insurance | 107544 |
| company, as defined in section 5725.01 of the Revised Code, that | 107545 |
| paid the insurance company premiums tax imposed by section 5725.18 | 107546 |
| or Chapter 5729. of the Revised Code based on one or more | 107547 |
| measurement periods that include the entire tax period under this | 107548 |
| chapter; | 107549 |
| (10) A person that solely facilitates or services one or more | 107550 |
| securitizations or similar transactions for any person described | 107551 |
| in division (E)(3), (5), (6), (7), (8), or (9) of this section. | 107552 |
| For purposes of this division, "securitization" means transferring | 107553 |
| one or more assets to one or more persons and then issuing | 107554 |
| securities backed by the right to receive payment from the asset | 107555 |
| or assets so transferred. | 107556 |
| (11) Except as otherwise provided in this division, a | 107557 |
| pre-income tax trust as defined in division (FF)(4) of section | 107558 |
| 5747.01 of the Revised Code and any pass-through entity of which | 107559 |
| such pre-income tax trust owns or controls, directly, indirectly, | 107560 |
| or constructively through related interests, more than five per | 107561 |
| cent of the ownership or equity interests. If the pre-income tax | 107562 |
| trust has made a qualifying pre-income tax trust election under | 107563 |
| division (FF)(3) of section 5747.01 of the Revised Code, then the | 107564 |
| trust and the pass-through entities of which it owns or controls, | 107565 |
| directly, indirectly, or constructively through related interests, | 107566 |
| more than five per cent of the ownership or equity interests, | 107567 |
| shall not be excluded persons for purposes of the tax imposed | 107568 |
| under section 5751.02 of the Revised Code. | 107569 |
| (12) Nonprofit organizations or the state and its agencies, | 107570 |
| instrumentalities, or political subdivisions. | 107571 |
| (F) Except as otherwise provided in divisions (F)(2), (3), | 107572 |
| and (4) of this section, "gross receipts" means the total amount | 107573 |
| realized by a person, without deduction for the cost of goods sold | 107574 |
| or other expenses incurred, that contributes to the production of | 107575 |
| gross income of the person, including the fair market value of any | 107576 |
| property and any services received, and any debt transferred or | 107577 |
| forgiven as consideration. | 107578 |
| (1) The following are examples of gross receipts: | 107579 |
| (a) Amounts realized from the sale, exchange, or other | 107580 |
| disposition of the taxpayer's property to or with another; | 107581 |
| (b) Amounts realized from the taxpayer's performance of | 107582 |
| services for another; | 107583 |
| (c) Amounts realized from another's use or possession of the | 107584 |
| taxpayer's property or capital; | 107585 |
| (d) Any combination of the foregoing amounts. | 107586 |
| (2) "Gross receipts" excludes the following amounts: | 107587 |
| (a) Interest income except interest on credit sales; | 107588 |
| (b) Dividends and distributions from corporations, and | 107589 |
| distributive or proportionate shares of receipts and income from a | 107590 |
| pass-through entity as defined under section 5733.04 of the | 107591 |
| Revised Code; | 107592 |
| (c) Receipts from the sale, exchange, or other disposition of | 107593 |
| an asset described in section 1221 or 1231 of the Internal Revenue | 107594 |
| Code, without regard to the length of time the person held the | 107595 |
| asset. Notwithstanding section 1221 of the Internal Revenue Code, | 107596 |
| receipts from hedging transactions also are excluded to the extent | 107597 |
| the transactions are entered into primarily to protect a financial | 107598 |
| position, such as managing the risk of exposure to (i) foreign | 107599 |
| currency fluctuations that affect assets, liabilities, profits, | 107600 |
| losses, equity, or investments in foreign operations; (ii) | 107601 |
| interest rate fluctuations; or (iii) commodity price fluctuations. | 107602 |
| As used in division (F)(2)(c) of this section, "hedging | 107603 |
| transaction" has the same meaning as used in section 1221 of the | 107604 |
| Internal Revenue Code and also includes transactions accorded | 107605 |
| hedge accounting treatment under statement of financial accounting | 107606 |
| standards number 133 of the financial accounting standards board. | 107607 |
| For the purposes of division (F)(2)(c) of this section, the actual | 107608 |
| transfer of title of real or tangible personal property to another | 107609 |
| entity is not a hedging transaction. | 107610 |
| (d) Proceeds received attributable to the repayment, | 107611 |
| maturity, or redemption of the principal of a loan, bond, mutual | 107612 |
| fund, certificate of deposit, or marketable instrument; | 107613 |
| (e) The principal amount received under a repurchase | 107614 |
| agreement or on account of any transaction properly characterized | 107615 |
| as a loan to the person; | 107616 |
| (f) Contributions received by a trust, plan, or other | 107617 |
| arrangement, any of which is described in section 501(a) of the | 107618 |
| Internal Revenue Code, or to which Title 26, Subtitle A, Chapter | 107619 |
| 1, Subchapter (D) of the Internal Revenue Code applies; | 107620 |
| (g) Compensation, whether current or deferred, and whether in | 107621 |
| cash or in kind, received or to be received by an employee, former | 107622 |
| employee, or the employee's legal successor for services rendered | 107623 |
| to or for an employer, including reimbursements received by or for | 107624 |
| an individual for medical or education expenses, health insurance | 107625 |
| premiums, or employee expenses, or on account of a dependent care | 107626 |
| spending account, legal services plan, any cafeteria plan | 107627 |
| described in section 125 of the Internal Revenue Code, or any | 107628 |
| similar employee reimbursement; | 107629 |
| (h) Proceeds received from the issuance of the taxpayer's own | 107630 |
| stock, options, warrants, puts, or calls, or from the sale of the | 107631 |
| taxpayer's treasury stock; | 107632 |
| (i) Proceeds received on the account of payments from | 107633 |
| insurance policies, except those proceeds received for the loss of | 107634 |
| business revenue; | 107635 |
| (j) Gifts or charitable contributions received | 107636 |
|
dues received | 107637 |
| associations; and payments received for educational courses, | 107638 |
| meetings, meals, or similar payments to a trade, professional, or | 107639 |
| other similar association; and fundraising receipts received by | 107640 |
| any person when any excess receipts are donated or used | 107641 |
|
exclusively for charitable purposes | 107642 |
| 107643 | |
| 107644 |
| (k) Damages received as the result of litigation in excess of | 107645 |
| amounts that, if received without litigation, would be gross | 107646 |
| receipts; | 107647 |
| (l) Property, money, and other amounts received or acquired | 107648 |
| by an agent on behalf of another in excess of the agent's | 107649 |
| commission, fee, or other remuneration; | 107650 |
| (m) Tax refunds, other tax benefit recoveries, and | 107651 |
| reimbursements for the tax imposed under this chapter made by | 107652 |
| entities that are part of the same combined taxpayer or | 107653 |
| consolidated elected taxpayer group, and reimbursements made by | 107654 |
| entities that are not members of a combined taxpayer or | 107655 |
| consolidated elected taxpayer group that are required to be made | 107656 |
| for economic parity among multiple owners of an entity whose tax | 107657 |
| obligation under this chapter is required to be reported and paid | 107658 |
| entirely by one owner, pursuant to the requirements of sections | 107659 |
| 5751.011 and 5751.012 of the Revised Code; | 107660 |
| (n) Pension reversions; | 107661 |
| (o) Contributions to capital; | 107662 |
| (p) Sales or use taxes collected as a vendor or an | 107663 |
| out-of-state seller on behalf of the taxing jurisdiction from a | 107664 |
| consumer or other taxes the taxpayer is required by law to collect | 107665 |
| directly from a purchaser and remit to a local, state, or federal | 107666 |
| tax authority; | 107667 |
| (q) In the case of receipts from the sale of cigarettes or | 107668 |
| tobacco products by a wholesale dealer, retail dealer, | 107669 |
| distributor, manufacturer, or seller, all as defined in section | 107670 |
| 5743.01 of the Revised Code, an amount equal to the federal and | 107671 |
| state excise taxes paid by any person on or for such cigarettes or | 107672 |
| tobacco products under subtitle E of the Internal Revenue Code or | 107673 |
| Chapter 5743. of the Revised Code; | 107674 |
| (r) In the case of receipts from the sale of motor fuel by a | 107675 |
| licensed motor fuel dealer, licensed retail dealer, or licensed | 107676 |
| permissive motor fuel dealer, all as defined in section 5735.01 of | 107677 |
| the Revised Code, an amount equal to federal and state excise | 107678 |
| taxes paid by any person on such motor fuel under section 4081 of | 107679 |
| the Internal Revenue Code or Chapter 5735. of the Revised Code; | 107680 |
| (s) In the case of receipts from the sale of beer or | 107681 |
| intoxicating liquor, as defined in section 4301.01 of the Revised | 107682 |
| Code, by a person holding a permit issued under Chapter 4301. or | 107683 |
| 4303. of the Revised Code, an amount equal to federal and state | 107684 |
| excise taxes paid by any person on or for such beer or | 107685 |
| intoxicating liquor under subtitle E of the Internal Revenue Code | 107686 |
| or Chapter 4301. or 4305. of the Revised Code; | 107687 |
| (t) Receipts realized by a new motor vehicle dealer or used | 107688 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 107689 |
| Code, from the sale or other transfer of a motor vehicle, as | 107690 |
| defined in that section, to another motor vehicle dealer for the | 107691 |
| purpose of resale by the transferee motor vehicle dealer, but only | 107692 |
| if the sale or other transfer was based upon the transferee's need | 107693 |
| to meet a specific customer's preference for a motor vehicle; | 107694 |
| (u) Receipts from a financial institution described in | 107695 |
| division (E)(3) of this section for services provided to the | 107696 |
| financial institution in connection with the issuance, processing, | 107697 |
| servicing, and management of loans or credit accounts, if such | 107698 |
| financial institution and the recipient of such receipts have at | 107699 |
| least fifty per cent of their ownership interests owned or | 107700 |
| controlled, directly or constructively through related interests, | 107701 |
| by common owners; | 107702 |
| (v) Receipts realized from administering anti-neoplastic | 107703 |
| drugs and other cancer chemotherapy, biologicals, therapeutic | 107704 |
| agents, and supportive drugs in a physician's office to patients | 107705 |
| with cancer; | 107706 |
| (w) Funds received or used by a mortgage broker that is not a | 107707 |
| dealer in intangibles, other than fees or other consideration, | 107708 |
| pursuant to a table-funding mortgage loan or warehouse-lending | 107709 |
| mortgage loan. Terms used in division (F)(2)(w) of this section | 107710 |
| have the same meanings as in section 1322.01 of the Revised Code, | 107711 |
| except "mortgage broker" means a person assisting a buyer in | 107712 |
| obtaining a mortgage loan for a fee or other consideration paid by | 107713 |
| the buyer or a lender, or a person engaged in table-funding or | 107714 |
| warehouse-lending mortgage loans that are first lien mortgage | 107715 |
| loans. | 107716 |
| (x) Property, money, and other amounts received by a | 107717 |
| professional employer organization, as defined in section 4125.01 | 107718 |
| of the Revised Code, from a client employer, as defined in that | 107719 |
| section, in excess of the administrative fee charged by the | 107720 |
| professional employer organization to the client employer; | 107721 |
| (y) In the case of amounts retained as commissions by a | 107722 |
| permit holder under Chapter 3769. of the Revised Code, an amount | 107723 |
| equal to the amounts specified under that chapter that must be | 107724 |
| paid to or collected by the tax commissioner as a tax and the | 107725 |
| amounts specified under that chapter to be used as purse money; | 107726 |
| (z) Qualifying distribution center receipts. | 107727 |
| (i) For purposes of division (F)(2)(z) of this section: | 107728 |
| (I) "Qualifying distribution center receipts" means receipts | 107729 |
| of a supplier from qualified property that is delivered to a | 107730 |
| qualified distribution center, multiplied by a quantity that | 107731 |
| equals one minus the Ohio delivery percentage. | 107732 |
| (II) "Qualified property" means tangible personal property | 107733 |
| delivered to a qualified distribution center that is shipped to | 107734 |
| that qualified distribution center solely for further shipping by | 107735 |
| the qualified distribution center to another location in this | 107736 |
| state or elsewhere. "Further shipping" includes storing and | 107737 |
| repackaging such property into smaller or larger bundles, so long | 107738 |
| as such property is not subject to further manufacturing or | 107739 |
| processing. | 107740 |
| (III) "Qualified distribution center" means a warehouse or | 107741 |
| other similar facility in this state that, for the qualifying | 107742 |
| year, is operated by a person that is not part of a combined | 107743 |
| taxpayer group and that has a qualifying certificate. However, all | 107744 |
| warehouses or other similar facilities that are operated by | 107745 |
| persons in the same taxpayer group and that are located within one | 107746 |
| mile of each other shall be treated as one qualified distribution | 107747 |
| center. | 107748 |
| (IV) "Qualifying year" means the calendar year to which the | 107749 |
| qualifying certificate applies. | 107750 |
| (V) "Qualifying period" means the period of the first day of | 107751 |
| July of the second year preceding the qualifying year through the | 107752 |
| thirtieth day of June of the year preceding the qualifying year. | 107753 |
| (VI) "Qualifying certificate" means the certificate issued by | 107754 |
| the tax commissioner after the operator of a distribution center | 107755 |
|
files an annual application | 107756 |
| 107757 | |
| 107758 | |
| 107759 | |
| 107760 | |
| 107761 | |
| commissioner. The application and annual fee shall be filed and | 107762 |
| paid for each qualified distribution center on or before the first | 107763 |
| day of September before the qualifying year or within forty-five | 107764 |
| days after the distribution center opens, whichever is later. | 107765 |
| The applicant must substantiate to the commissioner's | 107766 |
| satisfaction that, for the qualifying period, all persons | 107767 |
| operating the distribution center have more than fifty per cent of | 107768 |
| the cost of the qualified property shipped to a location such that | 107769 |
| it would be sitused outside this state under the provisions of | 107770 |
| division (E) of section 5751.033 of the Revised Code. The | 107771 |
| applicant must also substantiate that the distribution center | 107772 |
| cumulatively had costs from its suppliers equal to or exceeding | 107773 |
| five hundred million dollars during the qualifying period. (For | 107774 |
| purposes of division (F)(2)(z)(i)(VI) of this section, "supplier" | 107775 |
| excludes any person that is part of the consolidated elected | 107776 |
| taxpayer group, if applicable, of the operator of the qualified | 107777 |
| distribution center.) The commissioner may require the applicant | 107778 |
| to have an independent certified public accountant certify that | 107779 |
| the calculation of the minimum thresholds required for a qualified | 107780 |
| distribution center by the operator of a distribution center has | 107781 |
| been made in accordance with generally accepted accounting | 107782 |
| principles. The commissioner shall issue or deny the issuance of a | 107783 |
| certificate within sixty days after the receipt of the | 107784 |
| application. A denial is subject to appeal under section 5717.02 | 107785 |
| of the Revised Code. If the operator files a timely appeal under | 107786 |
| section 5717.02 of the Revised Code, the operator shall be granted | 107787 |
| a qualifying certificate, provided that the operator is liable for | 107788 |
| any tax, interest, or penalty upon amounts claimed as qualifying | 107789 |
| distribution center receipts, other than those receipts exempt | 107790 |
| under division (C)(1) of section 5751.011 of the Revised Code, | 107791 |
| that would have otherwise not been owed by its suppliers if the | 107792 |
| qualifying certificate was valid. | 107793 |
| (VII) "Ohio delivery percentage" means the proportion of the | 107794 |
| total property delivered to a destination inside Ohio from the | 107795 |
| qualified distribution center during the qualifying period | 107796 |
| compared with total deliveries from such distribution center | 107797 |
| everywhere during the qualifying period. | 107798 |
| (ii) If the distribution center is new and was not open for | 107799 |
| the entire qualifying period, the operator of the distribution | 107800 |
| center may request that the commissioner grant a qualifying | 107801 |
| certificate. If the certificate is granted and it is later | 107802 |
| determined that more than fifty per cent of the qualified property | 107803 |
| during that year was not shipped to a location such that it would | 107804 |
| be sitused outside of this state under the provisions of division | 107805 |
| (E) of section 5751.033 of the Revised Code or if it is later | 107806 |
| determined that the person that operates the distribution center | 107807 |
| had average monthly costs from its suppliers of less than forty | 107808 |
| million dollars during that year, then the operator of the | 107809 |
| distribution center shall be liable for any tax, interest, or | 107810 |
| penalty upon amounts claimed as qualifying distribution center | 107811 |
| receipts, other than those receipts exempt under division (C)(1) | 107812 |
| of section 5751.011 of the Revised Code, that would have not | 107813 |
| otherwise been owed by its suppliers during the qualifying year if | 107814 |
| the qualifying certificate was valid. (For purposes of division | 107815 |
| (F)(2)(z)(ii) of this section, "supplier" excludes any person that | 107816 |
| is part of the consolidated elected taxpayer group, if applicable, | 107817 |
| of the operator of the qualified distribution center.) | 107818 |
| (iii) When filing an application for a qualifying certificate | 107819 |
| under division (F)(2)(z)(i)(VI) of this section, the operator of a | 107820 |
| qualified distribution center also shall provide documentation, as | 107821 |
| the commissioner requires, for the commissioner to ascertain the | 107822 |
| Ohio delivery percentage. The commissioner, upon issuing the | 107823 |
| qualifying certificate, also shall certify the Ohio delivery | 107824 |
| percentage. The operator of the qualified distribution center may | 107825 |
| appeal the commissioner's certification of the Ohio delivery | 107826 |
| percentage in the same manner as an appeal is taken from the | 107827 |
| denial of a qualifying certificate under division (F)(2)(z)(i)(VI) | 107828 |
| of this section. | 107829 |
| Within thirty days after all appeals have been exhausted, the | 107830 |
| operator of the qualified distribution center shall notify the | 107831 |
| affected suppliers of qualified property that such suppliers are | 107832 |
| required to file, within sixty days after receiving notice from | 107833 |
| the operator of the qualified distribution center, amended reports | 107834 |
| for the impacted calendar quarter or quarters or calendar year, | 107835 |
| whichever the case may be. Any additional tax liability or tax | 107836 |
| overpayment shall be subject to interest but shall not be subject | 107837 |
| to the imposition of any penalty so long as the amended returns | 107838 |
| are timely filed. The supplier of tangible personal property | 107839 |
| delivered to the qualified distribution center shall include in | 107840 |
| its report of taxable gross receipts the receipts from the total | 107841 |
| sales of property delivered to the qualified distribution center | 107842 |
| for the calendar quarter or calendar year, whichever the case may | 107843 |
| be, multiplied by the Ohio delivery percentage for the qualifying | 107844 |
| year. Nothing in division (F)(2)(z)(iii) of this section shall be | 107845 |
| construed as imposing liability on the operator of a qualified | 107846 |
| distribution center for the tax imposed by this chapter arising | 107847 |
| from any change to the Ohio delivery percentage. | 107848 |
| (iv) In the case where the distribution center is new and not | 107849 |
| open for the entire qualifying period, the operator shall make a | 107850 |
| good faith estimate of an Ohio delivery percentage for use by | 107851 |
| suppliers in their reports of taxable gross receipts for the | 107852 |
| remainder of the qualifying period. The operator of the facility | 107853 |
| shall disclose to the suppliers that such Ohio delivery percentage | 107854 |
| is an estimate and is subject to recalculation. By the due date of | 107855 |
| the next application for a qualifying certificate, the operator | 107856 |
| shall determine the actual Ohio delivery percentage for the | 107857 |
| estimated qualifying period and proceed as provided in division | 107858 |
| (F)(2)(z)(iii) of this section with respect to the calculation and | 107859 |
| recalculation of the Ohio delivery percentage. The supplier is | 107860 |
| required to file, within sixty days after receiving notice from | 107861 |
| the operator of the qualified distribution center, amended reports | 107862 |
| for the impacted calendar quarter or quarters or calendar year, | 107863 |
| whichever the case may be. Any additional tax liability or tax | 107864 |
| overpayment shall be subject to interest but shall not be subject | 107865 |
| to the imposition of any penalty so long as the amended returns | 107866 |
| are timely filed. | 107867 |
| (v) Qualifying certificates and Ohio delivery percentages | 107868 |
| issued by the commissioner shall be open to public inspection and | 107869 |
| shall be timely published by the commissioner. A supplier relying | 107870 |
| in good faith on a certificate issued under this division shall | 107871 |
| not be subject to tax on the qualifying distribution center | 107872 |
| receipts under division (F)(2)(z) of this section. A person | 107873 |
| receiving a qualifying certificate is responsible for paying the | 107874 |
| tax, interest, and penalty upon amounts claimed as qualifying | 107875 |
| distribution center receipts that would not otherwise have been | 107876 |
| owed by the supplier if the qualifying certificate were available | 107877 |
| when it is later determined that the qualifying certificate should | 107878 |
| not have been issued because the statutory requirements were in | 107879 |
| fact not met. | 107880 |
| (vi) The annual fee for a qualifying certificate shall be one | 107881 |
| hundred thousand dollars for each qualified distribution center. | 107882 |
| If a qualifying certificate is not issued, the annual fee is | 107883 |
| subject to refund after the exhaustion of all appeals provided for | 107884 |
| in division (F)(2)(z)(i)(VI) of this section. The fee imposed | 107885 |
| under this division may be assessed in the same manner as the tax | 107886 |
| imposed under this chapter. The first one hundred thousand dollars | 107887 |
| of the annual application fees collected each calendar year shall | 107888 |
| be credited to the commercial activity tax administrative fund. | 107889 |
| The remainder of the annual application fees collected shall be | 107890 |
| distributed in the same manner required under section 5751.20 of | 107891 |
| the Revised Code. | 107892 |
| (vii) The tax commissioner may require that adequate security | 107893 |
| be posted by the operator of the distribution center on appeal | 107894 |
| when the commissioner disagrees that the applicant has met the | 107895 |
| minimum thresholds for a qualified distribution center as set | 107896 |
| forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this | 107897 |
| section. | 107898 |
| (aa) Receipts of an employer from payroll deductions relating | 107899 |
| to the reimbursement of the employer for advancing moneys to an | 107900 |
| unrelated third party on an employee's behalf; | 107901 |
| (bb) Cash discounts allowed and taken; | 107902 |
| (cc) Returns and allowances; | 107903 |
| (dd) Bad debts from receipts on the basis of which the tax | 107904 |
| imposed by this chapter was paid in a prior quarterly tax payment | 107905 |
| period. For the purpose of this division, "bad debts" means any | 107906 |
| debts that have become worthless or uncollectible between the | 107907 |
| preceding and current quarterly tax payment periods, have been | 107908 |
| uncollected for at least six months, and that may be claimed as a | 107909 |
| deduction under section 166 of the Internal Revenue Code and the | 107910 |
| regulations adopted under that section, or that could be claimed | 107911 |
| as such if the taxpayer kept its accounts on the accrual basis. | 107912 |
| "Bad debts" does not include repossessed property, uncollectible | 107913 |
| amounts on property that remains in the possession of the taxpayer | 107914 |
| until the full purchase price is paid, or expenses in attempting | 107915 |
| to collect any account receivable or for any portion of the debt | 107916 |
| recovered; | 107917 |
| (ee) Any amount realized from the sale of an account | 107918 |
| receivable to the extent the receipts from the underlying | 107919 |
| transaction giving rise to the account receivable were included in | 107920 |
| the gross receipts of the taxpayer; | 107921 |
| (ff) Any receipts for which the tax imposed by this chapter | 107922 |
| is prohibited by the Constitution or laws of the United States or | 107923 |
| the Constitution of Ohio. | 107924 |
| (3) In the case of a taxpayer when acting as a real estate | 107925 |
| broker, "gross receipts" includes only the portion of any fee for | 107926 |
| the service of a real estate broker, or service of a real estate | 107927 |
| salesperson associated with that broker, that is retained by the | 107928 |
| broker and not paid to an associated real estate salesperson or | 107929 |
| another real estate broker. For the purposes of this division, | 107930 |
| "real estate broker" and "real estate salesperson" have the same | 107931 |
| meanings as in section 4735.01 of the Revised Code. | 107932 |
| (4) A taxpayer's method of accounting for gross receipts for | 107933 |
| a tax period shall be the same as the taxpayer's method of | 107934 |
| accounting for federal income tax purposes for the taxpayer's | 107935 |
| federal taxable year that includes the tax period. If a taxpayer's | 107936 |
| method of accounting for federal income tax purposes changes, its | 107937 |
| method of accounting for gross receipts under this chapter shall | 107938 |
| be changed accordingly. | 107939 |
| | 107940 |
| 107941 | |
| 107942 | |
| 107943 |
| | 107944 |
| | 107945 |
| | 107946 |
| 107947 | |
| 107948 | |
| 107949 | |
| 107950 | |
| 107951 | |
| 107952 | |
| 107953 | |
| 107954 | |
| 107955 | |
| 107956 | |
| 107957 |
| | 107958 |
| 107959 | |
| 107960 | |
| 107961 |
| (G) "Taxable gross receipts" means gross receipts sitused to | 107962 |
| this state under section 5751.033 of the Revised Code. | 107963 |
| (H) A person has "substantial nexus with this state" if any | 107964 |
| of the following applies. The person: | 107965 |
| (1) Owns or uses a part or all of its capital in this state; | 107966 |
| (2) Holds a certificate of compliance with the laws of this | 107967 |
| state authorizing the person to do business in this state; | 107968 |
| (3) Has bright-line presence in this state; | 107969 |
| (4) Otherwise has nexus with this state to an extent that the | 107970 |
| person can be required to remit the tax imposed under this chapter | 107971 |
| under the Constitution of the United States. | 107972 |
| (I) A person has "bright-line presence" in this state for a | 107973 |
| reporting period and for the remaining portion of the calendar | 107974 |
| year if any of the following applies. The person: | 107975 |
| (1) Has at any time during the calendar year property in this | 107976 |
| state with an aggregate value of at least fifty thousand dollars. | 107977 |
| For the purpose of division (I)(1) of this section, owned property | 107978 |
| is valued at original cost and rented property is valued at eight | 107979 |
| times the net annual rental charge. | 107980 |
| (2) Has during the calendar year payroll in this state of at | 107981 |
| least fifty thousand dollars. Payroll in this state includes all | 107982 |
| of the following: | 107983 |
| (a) Any amount subject to withholding by the person under | 107984 |
| section 5747.06 of the Revised Code; | 107985 |
| (b) Any other amount the person pays as compensation to an | 107986 |
| individual under the supervision or control of the person for work | 107987 |
| done in this state; and | 107988 |
| (c) Any amount the person pays for services performed in this | 107989 |
| state on its behalf by another. | 107990 |
| (3) Has during the calendar year taxable gross receipts of | 107991 |
| at least five hundred thousand dollars. | 107992 |
| (4) Has at any time during the calendar year within this | 107993 |
| state at least twenty-five per cent of the person's total | 107994 |
| property, total payroll, or total gross receipts. | 107995 |
| (5) Is domiciled in this state as an individual or for | 107996 |
| corporate, commercial, or other business purposes. | 107997 |
| (J) "Tangible personal property" has the same meaning as in | 107998 |
| section 5739.01 of the Revised Code. | 107999 |
| (K) "Internal Revenue Code" means the Internal Revenue Code | 108000 |
| of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in | 108001 |
| this chapter that is not otherwise defined has the same meaning as | 108002 |
| when used in a comparable context in the laws of the United States | 108003 |
| relating to federal income taxes unless a different meaning is | 108004 |
| clearly required. Any reference in this chapter to the Internal | 108005 |
| Revenue Code includes other laws of the United States relating to | 108006 |
| federal income taxes. | 108007 |
| (L) "Calendar quarter" means a three-month period ending on | 108008 |
| the thirty-first day of March, the thirtieth day of June, the | 108009 |
| thirtieth day of September, or the thirty-first day of December. | 108010 |
| (M) "Tax period" means the calendar quarter or calendar year | 108011 |
| on the basis of which a taxpayer is required to pay the tax | 108012 |
| imposed under this chapter. | 108013 |
| (N) "Calendar year taxpayer" means a taxpayer for which the | 108014 |
| tax period is a calendar year. | 108015 |
| (O) "Calendar quarter taxpayer" means a taxpayer for which | 108016 |
| the tax period is a calendar quarter. | 108017 |
| (P) "Agent" means a person authorized by another person to | 108018 |
| act on its behalf to undertake a transaction for the other, | 108019 |
| including any of the following: | 108020 |
| (1) A person receiving a fee to sell financial instruments; | 108021 |
| (2) A person retaining only a commission from a transaction | 108022 |
| with the other proceeds from the transaction being remitted to | 108023 |
| another person; | 108024 |
| (3) A person issuing licenses and permits under section | 108025 |
| 1533.13 of the Revised Code; | 108026 |
| (4) A lottery sales agent holding a valid license issued | 108027 |
| under section 3770.05 of the Revised Code; | 108028 |
| (5) A person acting as an agent of the division of liquor | 108029 |
| control under section 4301.17 of the Revised Code. | 108030 |
| (Q) "Received" includes amounts accrued under the accrual | 108031 |
| method of accounting. | 108032 |
| (R) "Reporting person" means a person in a consolidated | 108033 |
| elected taxpayer or combined taxpayer group that is designated by | 108034 |
| that group to legally bind the group for all filings and tax | 108035 |
| liabilities and to receive all legal notices with respect to | 108036 |
| matters under this chapter, or, for the purposes of section | 108037 |
| 5751.04 of the Revised Code, a separate taxpayer that is not a | 108038 |
| member of such a group. | 108039 |
| Sec. 5751.011. (A) A group of two or more persons may elect | 108040 |
| to be a consolidated elected taxpayer for the purposes of this | 108041 |
| chapter if the group satisfies all of the following requirements: | 108042 |
| (1) The group elects to include all persons, including | 108043 |
| persons enumerated in divisions (E)(2) to (10) of section 5751.01 | 108044 |
| of the Revised Code, having at least eighty per cent, or having at | 108045 |
| least fifty per cent, of the value of their ownership interests | 108046 |
| owned or controlled, directly or constructively through related | 108047 |
| interests, by common owners during all or any portion of the tax | 108048 |
|
period, together with the common owners. | 108049 |
| A group making its initial election on the basis of the | 108050 |
| eighty per cent ownership test may change its election so that its | 108051 |
| consolidated elected taxpayer group is formed on the basis of the | 108052 |
| fifty per cent ownership test if all of the following are | 108053 |
| satisfied: | 108054 |
| (a) When the initial election was made, the group did not | 108055 |
| have any persons satisfying the fifty per cent ownership test; | 108056 |
| (b) One or more of the persons in the initial group | 108057 |
| subsequently acquires ownership interests in a person such that | 108058 |
| the fifty per cent ownership test is satisfied, the eighty per | 108059 |
| cent ownership test is not satisfied, and the acquired person | 108060 |
| would be required to be included in a combined taxpayer group | 108061 |
| under section 5751.012 of the Revised Code; | 108062 |
| (c) The group requests the change in a written request to the | 108063 |
| tax commissioner on or before the due date for filing the first | 108064 |
| return due under section 5751.051 of the Revised Code after the | 108065 |
| date of the acquisition; | 108066 |
| (d) The group has not previously changed its election. | 108067 |
| At the election of the group, all entities that are not | 108068 |
| incorporated or formed under the laws of a state or of the United | 108069 |
| States and that meet the consolidated elected ownership test | 108070 |
| shall either be included in the group or all shall be excluded | 108071 |
|
from the group. | 108072 |
| does not include any such entities that meet the consolidated | 108073 |
| elected ownership test, the group shall elect to either include or | 108074 |
| exclude the newly acquired entities before the due date of the | 108075 |
| first return due after the date of the acquisition. | 108076 |
| Each group shall notify the tax commissioner of the foregoing | 108077 |
|
elections before the due date of the return | 108078 |
| 108079 | |
| becomes binding. If fifty per cent of the value of a person's | 108080 |
| ownership interests is owned or controlled by each of two | 108081 |
| consolidated elected taxpayer groups formed under the fifty per | 108082 |
| cent ownership or control test, that person is a member of each | 108083 |
| group for the purposes of this section, and each group shall | 108084 |
| include in the group's taxable gross receipts fifty per cent of | 108085 |
| that person's taxable gross receipts. Otherwise, all of that | 108086 |
| person's taxable gross receipts shall be included in the taxable | 108087 |
| gross receipts of the consolidated elected taxpayer group of which | 108088 |
| the person is a member. In no event shall the ownership or control | 108089 |
| of fifty per cent of the value of a person's ownership interests | 108090 |
| by two otherwise unrelated groups form the basis for consolidating | 108091 |
| the groups into a single consolidated elected taxpayer group or | 108092 |
| permit any exclusion under division (C) of this section of taxable | 108093 |
| gross receipts between members of the two groups. Division (A)(3) | 108094 |
| of this section applies with respect to the elections described in | 108095 |
| this division. | 108096 |
| (2) The group makes the election to be treated as a | 108097 |
| consolidated elected taxpayer in the manner prescribed under | 108098 |
| division (D) of this section. | 108099 |
| (3) Subject to review and audit by the tax commissioner, the | 108100 |
| group agrees that all of the following apply: | 108101 |
| (a) The group shall file reports as a single taxpayer for at | 108102 |
| least the next eight calendar quarters following the election so | 108103 |
| long as at least two or more of the members of the group meet the | 108104 |
| requirements of division (A)(1) of this section. | 108105 |
| (b) Before the expiration of the eighth such calendar | 108106 |
| quarter, the group shall notify the commissioner if it elects to | 108107 |
| cancel its designation as a consolidated elected taxpayer. If the | 108108 |
| group does not so notify the tax commissioner, the election | 108109 |
| remains in effect for another eight calendar quarters. | 108110 |
| (c) If, at any time during any of those eight calendar | 108111 |
| quarters following the election, a former member of the group no | 108112 |
| longer meets the requirements under division (A)(1) of this | 108113 |
| section, that member shall report and pay the tax imposed under | 108114 |
| this chapter separately, as a member of a combined taxpayer, or, | 108115 |
| if the former member satisfies such requirements with respect to | 108116 |
| another consolidated elected group, as a member of that | 108117 |
| consolidated elected group. | 108118 |
| (d) The group agrees to the application of division (B) of | 108119 |
| this section. | 108120 |
| (B) A group of persons making the election under this section | 108121 |
| shall report and pay tax on all of the group's taxable gross | 108122 |
| receipts even if substantial nexus with this state does not exist | 108123 |
| for one or more persons in the group. | 108124 |
| (C)(1)(a) Members of a consolidated elected taxpayer group | 108125 |
| shall exclude gross receipts among persons included in the | 108126 |
| consolidated elected taxpayer group. | 108127 |
| (b) Subject to divisions (C)(1)(c) and (C)(2) of this | 108128 |
| section, nothing in this section shall have the effect of | 108129 |
| requiring a consolidated elected taxpayer group to include gross | 108130 |
| receipts received by a person enumerated in divisions (E)(2) to | 108131 |
| (10) of section 5751.01 of the Revised Code if that person is a | 108132 |
| member of the group pursuant to the elections made by the group | 108133 |
| under division (A)(1) of this section. | 108134 |
| (c)(i) As used in division (C)(1)(c) of this section, "dealer | 108135 |
| transfer" means a transfer of property that satisfies both of the | 108136 |
| following: (I) the property is directly transferred by any means | 108137 |
| from one member of the group to another member of the group that | 108138 |
| is a dealer in intangibles but is not a qualifying dealer as | 108139 |
| defined in section 5725.24 of the Revised Code; and (II) the | 108140 |
| property is subsequently delivered by the dealer in intangibles to | 108141 |
| a person that is not a member of the group. | 108142 |
| (ii) In the event of a dealer transfer, a consolidated | 108143 |
| elected taxpayer group shall not exclude, under division (C) of | 108144 |
| this section, gross receipts from the transfer described in | 108145 |
| division (C)(1)(c)(i)(I) of this section. | 108146 |
| (2) Gross receipts related to the sale or transmission of | 108147 |
| electricity through the use of an intermediary regional | 108148 |
| transmission organization approved by the federal energy | 108149 |
| regulatory commission shall be excluded from taxable gross | 108150 |
| receipts under division (C)(1) of this section if all other | 108151 |
| requirements of that division are met, even if the receipts are | 108152 |
| from and to the same member of the group. | 108153 |
| (D) To make the election to be a consolidated elected | 108154 |
| taxpayer, a group of persons shall notify the tax commissioner of | 108155 |
| the election in the manner prescribed by the commissioner and pay | 108156 |
| the commissioner a registration fee equal to the lesser of two | 108157 |
| hundred dollars or twenty dollars for each person in the group. No | 108158 |
| additional fee shall be imposed for the addition of new members to | 108159 |
| the group once the group has remitted a fee in the amount of two | 108160 |
| hundred dollars. The election shall be made and the fee paid | 108161 |
|
before | 108162 |
|
which the election applies | 108163 |
| collected and used in the same manner as provided in section | 108164 |
| 5751.04 of the Revised Code. | 108165 |
| The election shall be made on a form prescribed by the tax | 108166 |
| commissioner for that purpose and shall be signed by one or more | 108167 |
| individuals with authority, separately or together, to make a | 108168 |
| binding election on behalf of all persons in the group. | 108169 |
| Any person acquired or formed after the filing of the | 108170 |
| registration shall be included in the group if the person meets | 108171 |
| the requirements of division (A)(1) of this section, and the group | 108172 |
| shall notify the tax commissioner of any additions to the group | 108173 |
| with the next tax return it files with the commissioner. | 108174 |
| | 108175 |
| 108176 | |
| 108177 | |
| 108178 | |
| 108179 | |
| 108180 | |
| 108181 |
| Sec. 5751.012. (A) All persons, other than persons | 108182 |
| enumerated in divisions (E)(2) to (10) of section 5751.01 of the | 108183 |
| Revised Code, having more than fifty per cent of the value of | 108184 |
| their ownership interest owned or controlled, directly or | 108185 |
| constructively through related interests, by common owners during | 108186 |
| all or any portion of the tax period, together with the common | 108187 |
| owners, shall be members of a combined taxpayer if those persons | 108188 |
| are not members of a consolidated elected taxpayer pursuant to an | 108189 |
| election under section 5751.011 of the Revised Code. | 108190 |
| (B) A combined taxpayer shall register, file returns, and pay | 108191 |
| taxes under this chapter as a single taxpayer. | 108192 |
| (C) A combined taxpayer shall neither exclude taxable gross | 108193 |
| receipts between its members nor from others that are not members. | 108194 |
| (D) A combined taxpayer shall pay to the tax commissioner a | 108195 |
| registration fee equal to the lesser of two hundred dollars or | 108196 |
| twenty dollars for each person in the group. No additional fee | 108197 |
| shall be imposed for the addition of new members to the group once | 108198 |
| the group has remitted a fee in the amount of two hundred dollars. | 108199 |
| The fee shall be timely paid before the later of the beginning of | 108200 |
| the first calendar quarter or November 15, 2005. The fee shall be | 108201 |
| collected and used in the same manner as provided in section | 108202 |
| 5751.04 of the Revised Code. | 108203 |
| Any person acquired or formed after the filing of the | 108204 |
| registration shall be included in the group if the person meets | 108205 |
| the requirements of division (A) of this section, and the group | 108206 |
| must notify the tax commissioner of any additions with the next | 108207 |
| quarterly tax return it files with the commissioner. | 108208 |
| | 108209 |
| 108210 | |
| 108211 | |
| 108212 | |
| 108213 | |
| 108214 | |
| 108215 |
| Sec. 5751.013. (A) Except as provided in division (B) of this | 108216 |
| section: | 108217 |
| (1) A person shall include as taxable gross receipts the | 108218 |
| value of property the person transfers into this state for the | 108219 |
| person's own use within one year after the person receives the | 108220 |
| property outside this state; and | 108221 |
|
(2) In the case of | 108222 |
| group or a combined taxpayer group, the taxpayer shall include as | 108223 |
| taxable gross receipts the value of property that any of the | 108224 |
| taxpayer's members transferred into this state for the use of any | 108225 |
| of the taxpayer's members within one year after the taxpayer | 108226 |
| receives the property outside this state. | 108227 |
| (B) Property brought into this state within one year after it | 108228 |
| is received outside this state by a person or group described in | 108229 |
| division (A)(1) or (2) of this section shall not be included as | 108230 |
| taxable gross receipts as required under those divisions if the | 108231 |
| tax commissioner ascertains that the property's receipt outside | 108232 |
| this state by the person or group followed by its transfer into | 108233 |
| this state within one year was not intended in whole or in part to | 108234 |
| avoid in whole or in part the tax imposed under this chapter. | 108235 |
| (C) The tax commissioner may adopt rules necessary to | 108236 |
| administer this section. | 108237 |
| Sec. 5751.014. All members of a consolidated elected | 108238 |
| taxpayer or combined taxpayer group during the tax period or | 108239 |
| periods for which additional tax, penalty, or interest is owed are | 108240 |
| jointly and severally liable for the tax imposed by this chapter. | 108241 |
| Although the reporting person will be assessed for the liability, | 108242 |
| such amounts due may be pursued against any member when a | 108243 |
| liability is certified to the attorney general under section | 108244 |
| 131.02 of the Revised Code. | 108245 |
| Sec. 5751.03. (A) Except as provided in divisions (B) and | 108246 |
| (D) of this section and in sections 5751.031 and 5751.032 of the | 108247 |
| Revised Code, the tax levied under this section for each tax | 108248 |
| period shall be the product of two and six-tenths mills per dollar | 108249 |
| times the remainder of the taxpayer's taxable gross receipts for | 108250 |
| the tax period after subtracting the exclusion amount provided for | 108251 |
| in division (C) of this section. | 108252 |
| (B) Notwithstanding division (C) of this section, the tax on | 108253 |
| the first one million dollars in taxable gross receipts each | 108254 |
| calendar year shall be one hundred fifty dollars. For calendar | 108255 |
| year 2006, the tax imposed under this division shall be paid not | 108256 |
| later than May 10, 2006, by both calendar year taxpayers and | 108257 |
|
calendar quarter taxpayers. For calendar | 108258 |
| 108259 | |
| shall be paid with the fourth-quarter tax return or annual tax | 108260 |
| return for the prior calendar year by both calendar year | 108261 |
| taxpayers and calendar quarter taxpayers. For calendar years 2010 | 108262 |
| and thereafter, the tax imposed under this division shall be paid | 108263 |
| not later than the tenth day of May of each year along with the | 108264 |
| first quarter or annual tax return, as applicable. | 108265 |
| (C)(1) Each calendar quarter taxpayer may exclude the first | 108266 |
| two hundred fifty thousand dollars of taxable gross receipts for a | 108267 |
| calendar quarter and may carry forward and apply any unused | 108268 |
| exclusion amount to the three subsequent calendar quarters. Each | 108269 |
| calendar year taxpayer may exclude the first one million dollars | 108270 |
| of taxable gross receipts for a calendar year. | 108271 |
| (2) A taxpayer switching from a calendar year tax period to a | 108272 |
| calendar quarter tax period may, for the first quarter of the | 108273 |
| change, apply the prior calendar quarter exclusion amounts to the | 108274 |
| first calendar quarter return the taxpayer files that calendar | 108275 |
| year. The tax rate shall be based on the rate imposed that | 108276 |
| calendar quarter when the taxpayer switches from a calendar year | 108277 |
| to a calendar quarter tax period. | 108278 |
| (D) There is hereby allowed a credit against the tax imposed | 108279 |
| under this chapter for each of the following calendar years if a | 108280 |
| transfer was made in the preceding calendar year from the general | 108281 |
| revenue fund to the commercial activity tax refund fund under | 108282 |
| division (D) of section 5751.032 of the Revised Code: calendar | 108283 |
| years 2008, 2010, and 2012. The credit is allowed for taxpayers | 108284 |
| that paid in full the tax imposed under this chapter for the | 108285 |
| calendar year in which the transfer was made. The amount of a | 108286 |
| taxpayer's credit equals the amount computed under division (D) of | 108287 |
| section 5751.032 of the Revised Code. | 108288 |
| Sec. 5751.04. (A) As used in this section, "person" includes | 108289 |
| a reporting person. | 108290 |
| (B) Not later than | 108291 |
| days after a person first has more than one hundred fifty | 108292 |
| thousand dollars in taxable gross receipts in a calendar year, | 108293 |
| each person subject to this chapter shall register with the tax | 108294 |
| commissioner on the form prescribed by the commissioner. The form | 108295 |
| shall include the following: | 108296 |
| (1) The person's name; | 108297 |
| (2) If applicable, the name of the state or country under the | 108298 |
| laws of which the person is incorporated; | 108299 |
| (3) If applicable, the location of a person's principal | 108300 |
| office and the name and address of the officer or agent of the | 108301 |
| corporation in charge of the business; | 108302 |
| (4) If applicable, the names of the person's president, | 108303 |
| secretary, treasurer, and statutory agent designated pursuant to | 108304 |
| section 1703.041 of the Revised Code, with the post office address | 108305 |
| of each; | 108306 |
| (5) The kind of business in which the person is engaged, | 108307 |
| including applicable business or industry codes; | 108308 |
| (6) If required by the tax commissioner, the date of the | 108309 |
| beginning of the person's annual accounting period that includes | 108310 |
| the first day of January of the taxable calendar year; | 108311 |
| (7) If the person is not a corporation or a sole proprietor, | 108312 |
| the names of the person's owners and officers, if required by the | 108313 |
| tax commissioner; | 108314 |
| (8) The person's federal employer identification number or | 108315 |
| numbers or, if those are not applicable, the person's social | 108316 |
| security number or equivalent; | 108317 |
| (9) All other information that the commissioner requires to | 108318 |
| administer and enforce this chapter. | 108319 |
| | 108320 |
| person registering with the tax commissioner as required by | 108321 |
|
division | 108322 |
| fee shall be in the amount of fifteen dollars if a person | 108323 |
| registers electronically and twenty dollars if a person does not | 108324 |
| register electronically. The registration fee shall be paid in the | 108325 |
| manner prescribed by the tax commissioner at the same time the | 108326 |
| registration is due if a person is subject to the tax imposed | 108327 |
| under this chapter before January 1, 2006. If a person first | 108328 |
| becomes subject to the tax after that date, the registration fee | 108329 |
| is payable with the first tax period return the person is required | 108330 |
| to file as prescribed by section 5751.051 of the Revised Code. If | 108331 |
|
a | 108332 |
| within the time prescribed by this section, an additional fee is | 108333 |
| imposed in the amount of one hundred dollars per month or part | 108334 |
| thereof that the fee is outstanding, not to exceed one thousand | 108335 |
| dollars. The tax commissioner may abate the additional fee. The | 108336 |
| fee imposed under this division may be assessed in the same manner | 108337 |
| as the tax imposed under this chapter. Proceeds from the fee shall | 108338 |
| be credited to the commercial activity tax administrative fund, | 108339 |
| which is hereby created in the state treasury for the commissioner | 108340 |
| to use in implementing and administering the tax imposed under | 108341 |
| this chapter. | 108342 |
| | 108343 |
| 108344 | |
| 108345 | |
| 108346 | |
| 108347 | |
| 108348 | |
| 108349 |
| Registration fees paid under this section, excluding any | 108350 |
|
additional fee imposed for | 108351 |
| person's failure to timely register, shall be credited against the | 108352 |
| first payment of tax payable under section 5751.03 of the Revised | 108353 |
|
Code | 108354 |
| | 108355 |
| no longer a taxpayer subject to this chapter, including no longer | 108356 |
| being a taxpayer because of the application of division (E)(1) of | 108357 |
| section 5751.01 of the Revised Code, the person shall notify the | 108358 |
| commissioner that the person's registration should be cancelled. | 108359 |
| (E) With respect to registrations received by the | 108360 |
| commissioner before the effective date of the amendment of this | 108361 |
| section by the main operating appropriations act of the 128th | 108362 |
| general assembly, the taxpayer listed as the primary taxpayer on | 108363 |
| the registration shall be the reporting person until the taxpayer | 108364 |
| notifies the commissioner otherwise. | 108365 |
| Sec. 5751.05. (A) If a person subject to this chapter | 108366 |
| anticipates that the person's taxable gross receipts will be more | 108367 |
|
than one million dollars | 108368 |
|
person | 108369 |
| 108370 | |
| 108371 | |
| 108372 | |
| 108373 | |
| 108374 | |
| commissioner on the person's initial registration form and file on | 108375 |
| a quarterly basis as a calendar quarter taxpayer. Any taxpayer | 108376 |
| with taxable gross receipts of less than one million dollars | 108377 |
| shall register as a calendar year taxpayer and shall file | 108378 |
| annually. | 108379 |
| (B) Any person that is a calendar year taxpayer | 108380 |
| 108381 | |
| calendar quarter taxpayer in the subsequent calendar year if the | 108382 |
| person's taxable gross receipts for the prior calendar year are | 108383 |
| more than one million dollars, and shall remain a calendar quarter | 108384 |
| taxpayer until the person notifies the tax commissioner, and | 108385 |
| receives approval in writing from the tax commissioner, to switch | 108386 |
| back to being a calendar year taxpayer. Nothing in this division | 108387 |
| prohibits a person that has elected to be a calendar year taxpayer | 108388 |
| from notifying the tax commissioner, using the procedures | 108389 |
| prescribed by the commissioner, that it is switching back to being | 108390 |
| a calendar quarter taxpayer. | 108391 |
| (C) Any taxpayer that is not a calendar | 108392 |
|
pursuant to this section is a calendar | 108393 |
| 108394 | |
| taxpayer to use an alternative reporting schedule or estimate the | 108395 |
| amount of tax due for a calendar quarter if the taxpayer | 108396 |
| demonstrates to the commissioner the need for such a deviation. | 108397 |
| The commissioner may adopt a rule to apply division (C) of this | 108398 |
| section to a group of taxpayers without the taxpayers having to | 108399 |
| receive written approval from the commissioner. | 108400 |
| Sec. 5751.051. (A)(1) Not later than | 108401 |
| day of the second month after the end of each calendar quarter, | 108402 |
| every taxpayer other than a calendar year taxpayer shall file with | 108403 |
| the tax commissioner a tax return in such form as the commissioner | 108404 |
| prescribes. The return shall include, but is not limited to, the | 108405 |
| amount of the taxpayer's taxable gross receipts for the calendar | 108406 |
| quarter and shall indicate the amount of tax due under section | 108407 |
| 5751.03 of the Revised Code for the calendar quarter. | 108408 |
| (2)(a) Subject to division (C) of section 5751.05 of the | 108409 |
| Revised Code, a calendar quarter taxpayer shall report the taxable | 108410 |
| gross receipts for that calendar quarter. | 108411 |
| (b) With respect to taxable gross receipts incorrectly | 108412 |
| reported in a calendar quarter that has a lower tax rate, the tax | 108413 |
| shall be computed at the tax rate in effect for the quarterly | 108414 |
| return in which such receipts should have been reported. Nothing | 108415 |
| in division (A)(2)(b) of this section prohibits a taxpayer from | 108416 |
| filing an application for refund under section 5751.08 of the | 108417 |
| Revised Code with regard to the incorrect reporting of taxable | 108418 |
| gross receipts discovered after filing the annual return described | 108419 |
| in division (A)(3) of this section. | 108420 |
| A tax return shall not be deemed to be an incorrect reporting | 108421 |
| of taxable gross receipts for the purposes of division (A)(2)(b) | 108422 |
| of this section if the return reflects between ninety-five and one | 108423 |
| hundred five per cent of the actual taxable gross receipts for the | 108424 |
| calendar quarter. | 108425 |
| (3) | 108426 |
| section, the tax return filed for the fourth calendar quarter of a | 108427 |
| calendar year is the annual return for the privilege tax imposed | 108428 |
| by this chapter. Such return shall report any additional taxable | 108429 |
| gross receipts not previously reported in the calendar year and | 108430 |
| shall adjust for any over-reported taxable gross receipts in the | 108431 |
| calendar year. If the taxpayer ceases to be a taxpayer before the | 108432 |
| end of the calendar year, the last return the taxpayer is required | 108433 |
| to file shall be the annual return for the taxpayer and the | 108434 |
| taxpayer shall report any additional taxable gross receipts not | 108435 |
| previously reported in the calendar year and shall adjust for any | 108436 |
| over-reported taxable gross receipts in the calendar year. | 108437 |
| (4) Because the tax imposed by this chapter is a privilege | 108438 |
| tax, the tax rate with respect to taxable gross receipts for a | 108439 |
| calendar quarter is not fixed until the end of the measurement | 108440 |
| period for each calendar quarter. Subject to division (A)(2)(b) of | 108441 |
| this section, the total amount of taxable gross receipts reported | 108442 |
| for a given calendar quarter shall be subject to the tax rate in | 108443 |
| effect in that quarter. | 108444 |
| (5) Not later than | 108445 |
| following the end of each calendar year, every calendar year | 108446 |
| taxpayer shall file with the tax commissioner a tax return in such | 108447 |
| form as the commissioner prescribes. The return shall include, but | 108448 |
| is not limited to, the amount of the taxpayer's taxable gross | 108449 |
| receipts for the calendar year and shall indicate the amount of | 108450 |
| tax due under section 5751.03 of the Revised Code for the calendar | 108451 |
| year. | 108452 |
| (B)(1) A person that first becomes subject to the tax imposed | 108453 |
| under this chapter shall pay the minimum tax imposed under | 108454 |
| division (B) of section 5751.03 of the Revised Code along with the | 108455 |
| registration fee imposed under this section, if applicable, on or | 108456 |
| before the day the return is required to be filed for that quarter | 108457 |
| under division (A)(1) of this section, regardless of whether the | 108458 |
| person elects to be a calendar year taxpayer under section 5751.05 | 108459 |
| of the Revised Code. | 108460 |
| (2) The amount of the minimum tax for a person subject to | 108461 |
| division (B)(1) of this section shall be reduced to seventy-five | 108462 |
| dollars if the registration is timely filed after the first day of | 108463 |
| May and before the first day of January of the following calendar | 108464 |
| year. | 108465 |
| Sec. 5751.06. (A) Any taxpayer that fails to file a return | 108466 |
| or pay the full amount of the tax due within the period prescribed | 108467 |
| therefor under this chapter shall pay a penalty in an amount not | 108468 |
| exceeding the greater of fifty dollars or ten per cent of the tax | 108469 |
| required to be paid for the tax period. | 108470 |
| (B)(1) If any additional tax is found to be due, the tax | 108471 |
| commissioner may impose an additional penalty of up to fifteen per | 108472 |
| cent on the additional tax found to be due. | 108473 |
| (2) Any delinquent payments of the tax made after a taxpayer | 108474 |
| is notified of an audit or a tax discrepancy by the commissioner | 108475 |
| is subject to the penalty imposed by division (B) of this section. | 108476 |
|
If an assessment is issued under section | 108477 |
| Revised Code in connection with such delinquent payments, the | 108478 |
| payments shall be credited to the assessment. | 108479 |
| (C) After calendar year 2008, the tax commissioner may impose | 108480 |
| an additional penalty against a taxpayer that fails to switch to | 108481 |
| being a calendar quarter taxpayer at the time it had over two | 108482 |
| million in taxable gross receipts in the calendar year, as | 108483 |
| required under section 5751.04 of the Revised Code. The penalty | 108484 |
| may be imposed in an amount not to exceed ten per cent of the tax | 108485 |
| due above two million dollars in taxable gross receipts for the | 108486 |
| calendar year. Any penalty imposed under this division is in | 108487 |
| addition to any other penalties imposed under this section. | 108488 |
| (D) If the tax commissioner notifies a person required to | 108489 |
| register under section 5751.05 of the Revised Code of such | 108490 |
| requirement and of the requirement to remit the tax due under this | 108491 |
| chapter, and the person fails to so register and remit the tax | 108492 |
| within sixty days after such notice, the tax commissioner may | 108493 |
| impose an additional penalty of up to thirty-five per cent of the | 108494 |
| tax due. The penalty imposed under this division is in addition to | 108495 |
| any other penalties imposed under this section. | 108496 |
| (E) The tax commissioner may collect any penalty or interest | 108497 |
| imposed by this section in the same manner as the tax imposed | 108498 |
| under this chapter. Penalties and interest so collected shall be | 108499 |
| considered as revenue arising from the tax imposed under this | 108500 |
| chapter. | 108501 |
| (F) The tax commissioner may abate all or a portion of any | 108502 |
| penalties imposed under this section and may adopt rules governing | 108503 |
| such abatements. | 108504 |
| (G) If any tax due is not timely paid in accordance with this | 108505 |
| chapter, the taxpayer shall pay interest, calculated at the rate | 108506 |
| per annum prescribed by section 5703.47 of the Revised Code, from | 108507 |
| the date the tax payment was due to the date of payment or to the | 108508 |
| date an assessment was issued, whichever occurs first. | 108509 |
| (H) The tax commissioner may impose a penalty of up to ten | 108510 |
| per cent for any additional tax that is due under division | 108511 |
| (A)(2)(b) of section 5751.051 of the Revised Code from a taxpayer | 108512 |
| incorrectly reporting its taxable gross receipts. | 108513 |
| Sec. 5751.08. (A) An application for refund to the taxpayer | 108514 |
| of the amount of taxes imposed under this chapter that are | 108515 |
| overpaid, paid illegally or erroneously, or paid on any illegal or | 108516 |
| erroneous assessment shall be filed by the reporting person with | 108517 |
| the tax commissioner, on the form prescribed by the commissioner, | 108518 |
| within four years after the date of the illegal or erroneous | 108519 |
| payment of the tax. The applicant shall provide the amount of the | 108520 |
| requested refund along with the claimed reasons for, and | 108521 |
| documentation to support, the issuance of a refund. | 108522 |
| (B) On the filing of the refund application, the tax | 108523 |
| commissioner shall determine the amount of refund to which the | 108524 |
| applicant is entitled. If the amount is not less than that | 108525 |
| claimed, the commissioner shall certify the amount to the director | 108526 |
| of budget and management and treasurer of state for payment from | 108527 |
| the tax refund fund created under section 5703.052 of the Revised | 108528 |
| Code. If the amount is less than that claimed, the commissioner | 108529 |
| shall proceed in accordance with section 5703.70 of the Revised | 108530 |
| Code. | 108531 |
| (C) Interest on a refund applied for under this section, | 108532 |
| computed at the rate provided for in section 5703.47 of the | 108533 |
| Revised Code, shall be allowed from the later of the date the tax | 108534 |
| was paid or when the tax payment was due. | 108535 |
| (D) A calendar quarter taxpayer with more than one million | 108536 |
| dollars in taxable gross receipts in a calendar year other than | 108537 |
| calendar year 2005 and that is not able to exclude one million | 108538 |
| dollars in taxable gross receipts because of the operation of the | 108539 |
| taxpayer's business in that calendar year may file for a refund | 108540 |
| under this section to obtain the full exclusion of one million | 108541 |
| dollars in taxable gross receipts for that calendar year. | 108542 |
| (E) No person with an active registration as a taxpayer under | 108543 |
| this chapter may claim a refund under this section for the tax | 108544 |
| imposed under division (B) of section 5751.03 of the Revised Code | 108545 |
| unless the person cancelled the registration before the tenth day | 108546 |
|
of | 108547 |
| 108548 |
| (F) Except as provided in section 5751.091 of the Revised | 108549 |
| Code, the tax commissioner may, with the consent of the taxpayer, | 108550 |
| provide for the crediting against tax due for a tax year the | 108551 |
| amount of any refund due the taxpayer under this chapter for a | 108552 |
| preceding tax year. | 108553 |
| Sec. 5751.09. (A) The tax commissioner may make an | 108554 |
| assessment, based on any information in the commissioner's | 108555 |
| possession, against any person that fails to file a return or pay | 108556 |
| any tax as required by this chapter. The commissioner shall give | 108557 |
| the person assessed written notice of the assessment as provided | 108558 |
| in section 5703.37 of the Revised Code. With the notice, the | 108559 |
| commissioner shall provide instructions on the manner in which to | 108560 |
| petition for reassessment and request a hearing with respect to | 108561 |
| the petition. The commissioner shall send any assessments against | 108562 |
| consolidated elected taxpayer and combined taxpayer groups under | 108563 |
| section 5751.011 or 5751.012 of the Revised Code to the taxpayer's | 108564 |
| "reporting person" as defined under division (R) of section | 108565 |
| 5751.01 of the Revised Code. The reporting person shall notify all | 108566 |
| members of the group of the assessment and all outstanding taxes, | 108567 |
| interest, and penalties for which the assessment is issued. | 108568 |
| (B) Unless the person assessed, within sixty days after | 108569 |
| service of the notice of assessment, files with the tax | 108570 |
| commissioner, either personally or by certified mail, a written | 108571 |
| petition signed by the person or the person's authorized agent | 108572 |
| having knowledge of the facts, the assessment becomes final, and | 108573 |
| the amount of the assessment is due and payable from the person | 108574 |
| assessed to the treasurer of state. The petition shall indicate | 108575 |
| the objections of the person assessed, but additional objections | 108576 |
| may be raised in writing if received by the commissioner prior to | 108577 |
| the date shown on the final determination. | 108578 |
| If a petition for reassessment has been properly filed, the | 108579 |
| commissioner shall proceed under section 5703.60 of the Revised | 108580 |
| Code. | 108581 |
| (C)(1) After an assessment becomes final, if any portion of | 108582 |
| the assessment, including accrued interest, remains unpaid, a | 108583 |
| certified copy of the tax commissioner's entry making the | 108584 |
| assessment final may be filed in the office of the clerk of the | 108585 |
| court of common pleas in the county in which the person resides or | 108586 |
| has its principal place of business in this state, or in the | 108587 |
| office of the clerk of court of common pleas of Franklin county. | 108588 |
| (2) Immediately upon the filing of the entry, the clerk shall | 108589 |
| enter judgment for the state against the person assessed in the | 108590 |
| amount shown on the entry. The judgment may be filed by the clerk | 108591 |
| in a loose-leaf book entitled, "special judgments for the | 108592 |
| commercial activity tax" and shall have the same effect as other | 108593 |
| judgments. Execution shall issue upon the judgment at the request | 108594 |
| of the tax commissioner, and all laws applicable to sales on | 108595 |
| execution shall apply to sales made under the judgment. | 108596 |
| (3) The portion of the assessment not paid within sixty days | 108597 |
| after the day the assessment was issued shall bear interest at the | 108598 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 108599 |
| from the day the tax commissioner issues the assessment until it | 108600 |
| is paid. Interest shall be paid in the same manner as the tax and | 108601 |
| may be collected by the issuance of an assessment under this | 108602 |
| section. | 108603 |
| (D) If the tax commissioner believes that collection of the | 108604 |
| tax will be jeopardized unless proceedings to collect or secure | 108605 |
| collection of the tax are instituted without delay, the | 108606 |
| commissioner may issue a jeopardy assessment against the person | 108607 |
| liable for the tax. Immediately upon the issuance of the jeopardy | 108608 |
| assessment, the commissioner shall file an entry with the clerk of | 108609 |
| the court of common pleas in the manner prescribed by division (C) | 108610 |
| of this section. Notice of the jeopardy assessment shall be served | 108611 |
| on the person assessed or the person's authorized agent in the | 108612 |
| manner provided in section 5703.37 of the Revised Code within five | 108613 |
| days of the filing of the entry with the clerk. The total amount | 108614 |
| assessed is immediately due and payable, unless the person | 108615 |
| assessed files a petition for reassessment in accordance with | 108616 |
| division (B) of this section and provides security in a form | 108617 |
| satisfactory to the commissioner and in an amount sufficient to | 108618 |
| satisfy the unpaid balance of the assessment. Full or partial | 108619 |
| payment of the assessment does not prejudice the commissioner's | 108620 |
| consideration of the petition for reassessment. | 108621 |
| (E) The tax commissioner shall immediately forward to the | 108622 |
| treasurer of state all amounts the commissioner receives under | 108623 |
| this section, and such amounts shall be considered as revenue | 108624 |
| arising from the tax imposed under this chapter. | 108625 |
| (F) Except as otherwise provided in this division, no | 108626 |
| assessment shall be made or issued against a taxpayer for the tax | 108627 |
| imposed under this chapter more than four years after the due date | 108628 |
| for the filing of the return for the tax period for which the tax | 108629 |
| was reported, or more than four years after the return for the tax | 108630 |
| period was filed, whichever is later. Nothing in this division | 108631 |
| bars an assessment against a taxpayer that fails to file a return | 108632 |
| required by this chapter or that files a fraudulent return. | 108633 |
| (G) If the tax commissioner possesses information that | 108634 |
| indicates that the amount of tax a taxpayer is required to pay | 108635 |
| under this chapter exceeds the amount the taxpayer paid, the tax | 108636 |
| commissioner may audit a sample of the taxpayer's gross receipts | 108637 |
| over a representative period of time to ascertain the amount of | 108638 |
| tax due, and may issue an assessment based on the audit. The tax | 108639 |
| commissioner shall make a good faith effort to reach agreement | 108640 |
| with the taxpayer in selecting a representative sample. The tax | 108641 |
| commissioner may apply a sampling method only if the commissioner | 108642 |
| has prescribed the method by rule. | 108643 |
| (H) If the whereabouts of a person subject to this chapter is | 108644 |
|
not known to the tax commissioner, the | 108645 |
| 108646 | |
| 108647 | |
| 108648 | |
| 108649 | |
| 108650 | |
| 108651 | |
| 108652 | |
| 108653 | |
| 108654 | |
| 108655 | |
| 108656 | |
| 5703.37 of the Revised Code. | 108657 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 108658 |
| the Revised Code: | 108659 |
| (1) "School district," "joint vocational school district," | 108660 |
| "local taxing unit," "recognized valuation," "fixed-rate levy," | 108661 |
| and "fixed-sum levy" have the same meanings as used in section | 108662 |
| 5727.84 of the Revised Code. | 108663 |
| (2) "State education aid" for a school district means the | 108664 |
| following: | 108665 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 108666 |
| state aid amounts computed for the district under division (A) of | 108667 |
| section 3317.022 of the Revised Code, including the amounts | 108668 |
| calculated under sections 3317.029 and 3317.0217 of the Revised | 108669 |
| Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section | 108670 |
| 3317.022; divisions (B), (C), and (D) of section 3317.023; | 108671 |
| divisions (L) and (N) of section 3317.024; section 3317.0216; and | 108672 |
| any unit payments for gifted student services paid under sections | 108673 |
| 3317.05, 3317.052, and 3317.053 of the Revised Code; except that, | 108674 |
| for fiscal years 2008 and 2009, the amount computed for the | 108675 |
| district under Section 269.20.80 of H.B. 119 of the 127th general | 108676 |
| assembly and as that section subsequently may be amended shall be | 108677 |
| substituted for the amount computed under division (D) of section | 108678 |
| 3317.022 of the Revised Code, and the amount computed under | 108679 |
| Section 269.30.80 of H.B. 119 of the 127th general assembly and as | 108680 |
| that section subsequently may be amended shall be included. | 108681 |
| (b) For fiscal year 2010 and for each fiscal year thereafter, | 108682 |
| the sum of the amounts computed under sections 3306.052, 3306.12, | 108683 |
| 3306.13, 3306.19, and 3306.192 of the Revised Code. | 108684 |
| (3) "State education aid" for a joint vocational school | 108685 |
| district means the following: | 108686 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 108687 |
| the state aid computed for the district under division (N) of | 108688 |
| section 3317.024 and section 3317.16 of the Revised Code, except | 108689 |
| that, for fiscal years 2008 and 2009, the amount computed under | 108690 |
| Section 269.30.80 of H.B. 119 of the 127th general assembly and | 108691 |
| as that section subsequently may be amended shall be included. | 108692 |
| (b) For fiscal years 2010 and 2011, the amount paid in | 108693 |
| accordance with the section of this act entitled "FUNDING FOR | 108694 |
| JOINT VOCATIONAL SCHOOL DISTRICTS." | 108695 |
| (4) "State education aid offset" means the amount determined | 108696 |
| for each school district or joint vocational school district under | 108697 |
| division (A)(1) of section 5751.21 of the Revised Code. | 108698 |
| (5) "Machinery and equipment property tax value loss" means | 108699 |
| the amount determined under division (C)(1) of this section. | 108700 |
| (6) "Inventory property tax value loss" means the amount | 108701 |
| determined under division (C)(2) of this section. | 108702 |
| (7) "Furniture and fixtures property tax value loss" means | 108703 |
| the amount determined under division (C)(3) of this section. | 108704 |
| (8) "Machinery and equipment fixed-rate levy loss" means the | 108705 |
| amount determined under division (D)(1) of this section. | 108706 |
| (9) "Inventory fixed-rate levy loss" means the amount | 108707 |
| determined under division (D)(2) of this section. | 108708 |
| (10) "Furniture and fixtures fixed-rate levy loss" means the | 108709 |
| amount determined under division (D)(3) of this section. | 108710 |
| (11) "Total fixed-rate levy loss" means the sum of the | 108711 |
| machinery and equipment fixed-rate levy loss, the inventory | 108712 |
| fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 108713 |
| loss, and the telephone company fixed-rate levy loss. | 108714 |
| (12) "Fixed-sum levy loss" means the amount determined under | 108715 |
| division (E) of this section. | 108716 |
| (13) "Machinery and equipment" means personal property | 108717 |
| subject to the assessment rate specified in division (F) of | 108718 |
| section 5711.22 of the Revised Code. | 108719 |
| (14) "Inventory" means personal property subject to the | 108720 |
| assessment rate specified in division (E) of section 5711.22 of | 108721 |
| the Revised Code. | 108722 |
| (15) "Furniture and fixtures" means personal property | 108723 |
| subject to the assessment rate specified in division (G) of | 108724 |
| section 5711.22 of the Revised Code. | 108725 |
| (16) "Qualifying levies" are levies in effect for tax year | 108726 |
| 2004 or applicable to tax year 2005 or approved at an election | 108727 |
| conducted before September 1, 2005. For the purpose of | 108728 |
| determining the rate of a qualifying levy authorized by section | 108729 |
| 5705.212 or 5705.213 of the Revised Code, the rate shall be the | 108730 |
| rate that would be in effect for tax year 2010. | 108731 |
| (17) "Telephone property" means tangible personal property | 108732 |
| of a telephone, telegraph, or interexchange telecommunications | 108733 |
| company subject to an assessment rate specified in section | 108734 |
| 5727.111 of the Revised Code in tax year 2004. | 108735 |
| (18) "Telephone property tax value loss" means the amount | 108736 |
| determined under division (C)(4) of this section. | 108737 |
| (19) "Telephone property fixed-rate levy loss" means the | 108738 |
| amount determined under division (D)(4) of this section. | 108739 |
| (B) The commercial activities tax receipts fund is hereby | 108740 |
| created in the state treasury and shall consist of money arising | 108741 |
|
from the tax imposed under this chapter. | 108742 |
| Eighty-five one-hundredths of one per cent of the money credited | 108743 |
| to that fund shall be credited to the tax reform system | 108744 |
| implementation fund, which is hereby created in the state | 108745 |
| treasury, and shall be used to defray the costs incurred by the | 108746 |
| department of taxation in administering the tax imposed by this | 108747 |
| chapter and in implementing tax reform measures. The remainder in | 108748 |
| the commercial activities tax receipts fund shall be credited for | 108749 |
| each fiscal year in the following percentages to the general | 108750 |
| revenue fund, to the school district tangible property tax | 108751 |
| replacement fund, which is hereby created in the state treasury | 108752 |
| for the purpose of making the payments described in section | 108753 |
| 5751.21 of the Revised Code, and to the local government tangible | 108754 |
| property tax replacement fund, which is hereby created in the | 108755 |
| state treasury for the purpose of making the payments described | 108756 |
| in section 5751.22 of the Revised Code, in the following | 108757 |
| percentages: | 108758 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 108759 | |
| 2006 | 67.7% | 22.6% | 9.7% | 108760 | |
| 2007 | 0% | 70.0% | 30.0% | 108761 | |
| 2008 | 0% | 70.0% | 30.0% | 108762 | |
| 2009 | 0% | 70.0% | 30.0% | 108763 | |
| 2010 | 0% | 70.0% | 30.0% | 108764 | |
| 2011 | 0% | 70.0% | 30.0% | 108765 | |
| 2012 | 5.3% | 70.0% | 24.7% | 108766 | |
| 2013 | 10.6% | 70.0% | 19.4% | 108767 | |
| 2014 | 14.1% | 70.0% | 15.9% | 108768 | |
| 2015 | 17.6% | 70.0% | 12.4% | 108769 | |
| 2016 | 21.1% | 70.0% | 8.9% | 108770 | |
| 2017 | 24.6% | 70.0% | 5.4% | 108771 | |
| 2018 | 28.1% | 70.0% | 1.9% | 108772 | |
| 2019 and thereafter | 30% | 70% | 0% | 108773 |
| (C) Not later than September 15, 2005, the tax commissioner | 108774 |
| shall determine for each school district, joint vocational school | 108775 |
| district, and local taxing unit its machinery and equipment, | 108776 |
| inventory property, furniture and fixtures property, and telephone | 108777 |
| property tax value losses, which are the applicable amounts | 108778 |
| described in divisions (C)(1), (2), (3), and (4) of this section, | 108779 |
| except as provided in division (C)(5) of this section: | 108780 |
| (1) Machinery and equipment property tax value loss is the | 108781 |
| taxable value of machinery and equipment property as reported by | 108782 |
| taxpayers for tax year 2004 multiplied by: | 108783 |
| (a) For tax year 2006, thirty-three and eight-tenths per | 108784 |
| cent; | 108785 |
| (b) For tax year 2007, sixty-one and three-tenths per cent; | 108786 |
| (c) For tax year 2008, eighty-three per cent; | 108787 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 108788 |
| (2) Inventory property tax value loss is the taxable value of | 108789 |
| inventory property as reported by taxpayers for tax year 2004 | 108790 |
| multiplied by: | 108791 |
| (a) For tax year 2006, a fraction, the numerator of which is | 108792 |
| five and three-fourths and the denominator of which is | 108793 |
| twenty-three; | 108794 |
| (b) For tax year 2007, a fraction, the numerator of which is | 108795 |
| nine and one-half and the denominator of which is twenty-three; | 108796 |
| (c) For tax year 2008, a fraction, the numerator of which is | 108797 |
| thirteen and one-fourth and the denominator of which is | 108798 |
| twenty-three; | 108799 |
| (d) For tax year 2009 and thereafter a fraction, the | 108800 |
| numerator of which is seventeen and the denominator of which is | 108801 |
| twenty-three. | 108802 |
| (3) Furniture and fixtures property tax value loss is the | 108803 |
| taxable value of furniture and fixture property as reported by | 108804 |
| taxpayers for tax year 2004 multiplied by: | 108805 |
| (a) For tax year 2006, twenty-five per cent; | 108806 |
| (b) For tax year 2007, fifty per cent; | 108807 |
| (c) For tax year 2008, seventy-five per cent; | 108808 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 108809 |
| The taxable value of property reported by taxpayers used in | 108810 |
| divisions (C)(1), (2), and (3) of this section shall be such | 108811 |
| values as determined to be final by the tax commissioner as of | 108812 |
| August 31, 2005. Such determinations shall be final except for any | 108813 |
| correction of a clerical error that was made prior to August 31, | 108814 |
| 2005, by the tax commissioner. | 108815 |
| (4) Telephone property tax value loss is the taxable value of | 108816 |
| telephone property as taxpayers would have reported that property | 108817 |
| for tax year 2004 if the assessment rate for all telephone | 108818 |
| property for that year were twenty-five per cent, multiplied by: | 108819 |
| (a) For tax year 2006, zero per cent; | 108820 |
| (b) For tax year 2007, zero per cent; | 108821 |
| (c) For tax year 2008, zero per cent; | 108822 |
| (d) For tax year 2009, sixty per cent; | 108823 |
| (e) For tax year 2010, eighty per cent; | 108824 |
| (f) For tax year 2011 and thereafter, one hundred per cent. | 108825 |
| (5) Division (C)(5) of this section applies to any school | 108826 |
| district, joint vocational school district, or local taxing unit | 108827 |
| in a county in which is located a facility currently or formerly | 108828 |
| devoted to the enrichment or commercialization of uranium or | 108829 |
| uranium products, and for which the total taxable value of | 108830 |
| property listed on the general tax list of personal property for | 108831 |
| any tax year from tax year 2001 to tax year 2004 was fifty per | 108832 |
| cent or less of the taxable value of such property listed on the | 108833 |
| general tax list of personal property for the next preceding tax | 108834 |
| year. | 108835 |
| In computing the fixed-rate levy losses under divisions | 108836 |
| (D)(1), (2), and (3) of this section for any school district, | 108837 |
| joint vocational school district, or local taxing unit to which | 108838 |
| division (C)(5) of this section applies, the taxable value of such | 108839 |
| property as listed on the general tax list of personal property | 108840 |
| for tax year 2000 shall be substituted for the taxable value of | 108841 |
| such property as reported by taxpayers for tax year 2004, in the | 108842 |
| taxing district containing the uranium facility, if the taxable | 108843 |
| value listed for tax year 2000 is greater than the taxable value | 108844 |
| reported by taxpayers for tax year 2004. For the purpose of making | 108845 |
| the computations under divisions (D)(1), (2), and (3) of this | 108846 |
| section, the tax year 2000 valuation is to be allocated to | 108847 |
| machinery and equipment, inventory, and furniture and fixtures | 108848 |
| property in the same proportions as the tax year 2004 values. For | 108849 |
| the purpose of the calculations in division (A) of section 5751.21 | 108850 |
| of the Revised Code, the tax year 2004 taxable values shall be | 108851 |
| used. | 108852 |
| To facilitate the calculations required under division (C) of | 108853 |
| this section, the county auditor, upon request from the tax | 108854 |
| commissioner, shall provide by August 1, 2005, the values of | 108855 |
| machinery and equipment, inventory, and furniture and fixtures for | 108856 |
| all single-county personal property taxpayers for tax year 2004. | 108857 |
| (D) Not later than September 15, 2005, the tax commissioner | 108858 |
| shall determine for each tax year from 2006 through 2009 for each | 108859 |
| school district, joint vocational school district, and local | 108860 |
| taxing unit its machinery and equipment, inventory, and furniture | 108861 |
| and fixtures fixed-rate levy losses, and for each tax year from | 108862 |
|
2006 through 2011 its telephone property fixed-rate levy loss | 108863 |
| 108864 | |
| losses are the applicable amounts described in divisions (D)(1), | 108865 |
| (2), (3), and (4) of this section: | 108866 |
| (1) The machinery and equipment fixed-rate levy loss is the | 108867 |
| machinery and equipment property tax value loss multiplied by the | 108868 |
| sum of the tax rates of fixed-rate qualifying levies. | 108869 |
| (2) The inventory fixed-rate loss is the inventory property | 108870 |
| tax value loss multiplied by the sum of the tax rates of | 108871 |
| fixed-rate qualifying levies. | 108872 |
| (3) The furniture and fixtures fixed-rate levy loss is the | 108873 |
| furniture and fixture property tax value loss multiplied by the | 108874 |
| sum of the tax rates of fixed-rate qualifying levies. | 108875 |
| (4) The telephone property fixed-rate levy loss is the | 108876 |
| telephone property tax value loss multiplied by the sum of the tax | 108877 |
| rates of fixed-rate qualifying levies. | 108878 |
| (E) Not later than September 15, 2005, the tax commissioner | 108879 |
| shall determine for each school district, joint vocational school | 108880 |
| district, and local taxing unit its fixed-sum levy loss. The | 108881 |
| fixed-sum levy loss is the amount obtained by subtracting the | 108882 |
| amount described in division (E)(2) of this section from the | 108883 |
| amount described in division (E)(1) of this section: | 108884 |
| (1) The sum of the machinery and equipment property tax value | 108885 |
| loss, the inventory property tax value loss, and the furniture and | 108886 |
| fixtures property tax value loss, and, for 2008 through 2017 the | 108887 |
| telephone property tax value loss of the district or unit | 108888 |
| multiplied by the sum of the fixed-sum tax rates of qualifying | 108889 |
| levies. For 2006 through 2010, this computation shall include all | 108890 |
| qualifying levies remaining in effect for the current tax year and | 108891 |
| any school district levies imposed under section 5705.194 or | 108892 |
| 5705.213 of the Revised Code that are qualifying levies not | 108893 |
| remaining in effect for the current year. For 2011 through 2017 | 108894 |
| in the case of qualifying school district levies imposed under | 108895 |
| section 5705.194 or 5705.213 of the Revised Code and for all | 108896 |
| years after 2010 in the case of other fixed-sum levies, this | 108897 |
| computation shall include only qualifying levies remaining in | 108898 |
| effect for the current year. For purposes of this computation, a | 108899 |
| qualifying school district levy imposed under section 5705.194 | 108900 |
| or 5705.213 of the Revised Code remains in effect in a year | 108901 |
| after 2010 only if, for that year, the board of education levies | 108902 |
|
a school
district levy imposed under section
5705.194 | 108903 |
| 5705.199, 5705.213, or 5705.219 of the Revised Code for an | 108904 |
| annual sum at least equal to the annual sum levied by the | 108905 |
| board in tax year 2004 less the amount of the payment | 108906 |
| certified under this division for 2006. | 108907 |
| (2) The total taxable value in tax year 2004 less the sum of | 108908 |
| the machinery and equipment, inventory, furniture and fixtures, | 108909 |
| and telephone property tax value losses in each school district, | 108910 |
| joint vocational school district, and local taxing unit multiplied | 108911 |
| by one-half of one mill per dollar. | 108912 |
| (3) For the calculations in divisions (E)(1) and (2) of this | 108913 |
| section, the tax value losses are those that would be calculated | 108914 |
| for tax year 2009 under divisions (C)(1), (2), and (3) of this | 108915 |
| section and for tax year 2011 under division (C)(4) of this | 108916 |
| section. | 108917 |
| (4) To facilitate the calculation under divisions (D) and (E) | 108918 |
| of this section, not later than September 1, 2005, any school | 108919 |
| district, joint vocational school district, or local taxing unit | 108920 |
| that has a qualifying levy that was approved at an election | 108921 |
| conducted during 2005 before September 1, 2005, shall certify to | 108922 |
| the tax commissioner a copy of the county auditor's certificate of | 108923 |
| estimated property tax millage for such levy as required under | 108924 |
| division (B) of section 5705.03 of the Revised Code, which is the | 108925 |
| rate that shall be used in the calculations under such divisions. | 108926 |
| If the amount determined under division (E) of this section | 108927 |
| for any school district, joint vocational school district, or | 108928 |
| local taxing unit is greater than zero, that amount shall equal | 108929 |
| the reimbursement to be paid pursuant to division (E) of section | 108930 |
| 5751.21 or division (A)(3) of section 5751.22 of the Revised | 108931 |
| Code, and the one-half of one mill that is subtracted under | 108932 |
| division (E)(2) of this section shall be apportioned among all | 108933 |
| contributing fixed-sum levies in the proportion that each levy | 108934 |
| bears to the sum of all fixed-sum levies within each school | 108935 |
| district, joint vocational school district, or local taxing unit. | 108936 |
| (F) If a school district levies a tax under section 5705.219 | 108937 |
| of the Revised Code, the fixed-rate levy loss for qualifying | 108938 |
| levies, to the extent repealed under that section, shall equal the | 108939 |
| sum of the following amounts in lieu of the amounts computed for | 108940 |
| such levies under division (D) of this section: | 108941 |
| (1) The sum of the rates of qualifying levies to the extent | 108942 |
| so repealed multiplied by the sum of the machinery and equipment, | 108943 |
| inventory, and furniture and fixtures tax value losses for 2009 as | 108944 |
| determined under that division; | 108945 |
| (2) The sum of the rates of qualifying levies to the extent | 108946 |
| so repealed multiplied by the telephone property tax value loss | 108947 |
| for 2011 as determined under that division. | 108948 |
| The fixed-rate levy losses for qualifying levies to the | 108949 |
| extent not repealed under section 5705.219 of the Revised Code | 108950 |
| shall be as determined under division (D) of this section. The | 108951 |
| revised fixed-rate levy losses determined under this division and | 108952 |
| division (D) of this section first apply in the year following the | 108953 |
| first year the district levies the tax under section 5705.219 of | 108954 |
| the Revised Code. | 108955 |
| (G) Not later than October 1, 2005, the tax commissioner | 108956 |
| shall certify to the department of education for every school | 108957 |
| district and joint vocational school district the machinery and | 108958 |
| equipment, inventory, furniture and fixtures, and telephone | 108959 |
| property tax value losses determined under division (C) of this | 108960 |
| section, the machinery and equipment, inventory, furniture and | 108961 |
| fixtures, and telephone fixed-rate levy losses determined under | 108962 |
| division (D) of this section, and the fixed-sum levy losses | 108963 |
| calculated under division (E) of this section. The calculations | 108964 |
| under divisions (D) and (E) of this section shall separately | 108965 |
| display the levy loss for each levy eligible for reimbursement. | 108966 |
| | 108967 |
| shall certify the amount of the fixed-sum levy losses to the | 108968 |
| county auditor of each county in which a school district, joint | 108969 |
| vocational school district, or local taxing unit with a fixed-sum | 108970 |
| levy loss reimbursement has territory. | 108971 |
| (I) Not later than the twenty-eighth day of February each | 108972 |
| year beginning in 2011 and ending in 2014, the tax commissioner | 108973 |
| shall certify to the department of education for each school | 108974 |
| district first levying a tax under section 5705.219 of the Revised | 108975 |
| Code in the preceding year the revised fixed-rate levy losses | 108976 |
| determined under divisions (D) and (F) of this section. | 108977 |
| Sec. 5751.21. (A) Not later than the thirtieth day of July | 108978 |
| of 2007 through 2017, the department of education shall consult | 108979 |
| with the director of budget and management and determine the | 108980 |
| following for each school district and each joint vocational | 108981 |
| school district eligible for payment under division (B) of this | 108982 |
| section: | 108983 |
| (1) The state education aid offset, which is the difference | 108984 |
| obtained by subtracting the amount described in division (A)(1)(b) | 108985 |
| of this section from the amount described in division (A)(1)(a) of | 108986 |
| this section: | 108987 |
| (a) The state education aid computed for the school district | 108988 |
| or joint vocational school district for the current fiscal year as | 108989 |
| of the thirtieth day of July; | 108990 |
| (b) The state education aid that would be computed for the | 108991 |
| school district or joint vocational school district for the | 108992 |
| current fiscal year as of the thirtieth day of July if the | 108993 |
| recognized valuation included the machinery and equipment, | 108994 |
| inventory, furniture and fixtures, and telephone property tax | 108995 |
| value losses for the school district or joint vocational school | 108996 |
| district for the second preceding tax year, and if taxes charged | 108997 |
| and payable associated with the tax value losses are accounted for | 108998 |
| in any state education aid computation dependent on taxes charged | 108999 |
| and payable. | 109000 |
| (2) The greater of zero or the difference obtained by | 109001 |
| subtracting the state education aid offset determined under | 109002 |
| division (A)(1) of this section from the sum of the machinery and | 109003 |
| equipment fixed-rate levy loss, the inventory fixed-rate levy | 109004 |
| loss, furniture and fixtures fixed-rate levy loss, and telephone | 109005 |
|
property fixed-rate levy loss certified under | 109006 |
| divisions (G) and (I) of section 5751.20 of the Revised Code for | 109007 |
| all taxing districts in each school district and joint vocational | 109008 |
| school district for the second preceding tax year. | 109009 |
| By the thirtieth day of July of each such year, the | 109010 |
| department of education and the director of budget and management | 109011 |
| shall agree upon the amount to be determined under division | 109012 |
| (A)(1) of this section. | 109013 |
| (B) On or before the thirty-first day of August of each year | 109014 |
| beginning in 2008, the department of education shall recalculate | 109015 |
| the offset described under division (A) of this section for the | 109016 |
| previous fiscal year and recalculate the payments made under | 109017 |
| division (C) of this section in the preceding fiscal year using | 109018 |
| the offset calculated under this division. If the payments | 109019 |
| calculated under this division differ from the payments made under | 109020 |
| division (C) of this section in the preceding fiscal year, the | 109021 |
| difference shall either be paid to a school district or recaptured | 109022 |
| from a school district through an adjustment at the same times | 109023 |
| during the current fiscal year that the payments under division | 109024 |
| (C) of this section are made. In August and October of the current | 109025 |
| fiscal year, the amount of each adjustment shall be three-sevenths | 109026 |
| of the amount calculated under this division. In May of the | 109027 |
| current fiscal year, the adjustment shall be one-seventh of the | 109028 |
| amount calculated under this division. | 109029 |
| (C) The department of education shall pay from the school | 109030 |
| district tangible property tax replacement fund to each school | 109031 |
| district and joint vocational school district all of the following | 109032 |
|
for fixed-rate levy losses certified under | 109033 |
| (G) and (I) of section 5751.20 of the Revised Code: | 109034 |
| (1) On or before May 31, 2006, one-seventh of the total | 109035 |
| fixed-rate levy loss for tax year 2006; | 109036 |
| (2) On or before August 31, 2006, and October 31, 2006, | 109037 |
| one-half of six-sevenths of the total fixed-rate levy loss for tax | 109038 |
| year 2006; | 109039 |
| (3) On or before May 31, 2007, one-seventh of the total | 109040 |
| fixed-rate levy loss for tax year 2007; | 109041 |
| (4) On or before August 31, 2007, and October 31, 2007, | 109042 |
| forty-three per cent of the amount determined under division | 109043 |
| (A)(2) of this section for fiscal year 2008, but not less than | 109044 |
| zero, plus one-half of six-sevenths of the difference between the | 109045 |
| total fixed-rate levy loss for tax year 2007 and the total | 109046 |
| fixed-rate levy loss for tax year 2006. | 109047 |
| (5) On or before May 31, 2008, fourteen per cent of the | 109048 |
| amount determined under division (A)(2) of this section for | 109049 |
| fiscal year 2008, but not less than zero, plus one-seventh of the | 109050 |
| difference between the total fixed-rate levy loss for tax year | 109051 |
| 2008 and the total fixed-rate levy loss for tax year 2006. | 109052 |
| (6) On or before August 31, 2008, and October 31, 2008, | 109053 |
| forty-three per cent of the amount determined under division | 109054 |
| (A)(2) of this section for fiscal year 2009, but not less than | 109055 |
| zero, plus one-half of six-sevenths of the difference between the | 109056 |
| total fixed-rate levy loss in tax year 2008 and the total | 109057 |
| fixed-rate levy loss in tax year 2007. | 109058 |
| (7) On or before May 31, 2009, fourteen per cent of the | 109059 |
| amount determined under division (A)(2) of this section for | 109060 |
| fiscal year 2009, but not less than zero, plus one-seventh of the | 109061 |
| difference between the total fixed-rate levy loss for tax year | 109062 |
| 2009 and the total fixed-rate levy loss for tax year 2007. | 109063 |
| (8) On or before August 31, 2009, and October 31, 2009, | 109064 |
| forty-three per cent of the amount determined under division | 109065 |
| (A)(2) of this section for fiscal year 2010, but not less than | 109066 |
| zero, plus one-half of six-sevenths of the difference between the | 109067 |
| total fixed-rate levy loss in tax year 2009 and the total | 109068 |
| fixed-rate levy loss in tax year 2008. | 109069 |
| (9) On or before May 31, 2010, fourteen per cent of the | 109070 |
| amount determined under division (A)(2) of this section for | 109071 |
| fiscal year 2010, but not less than zero, plus one-seventh of the | 109072 |
| difference between the total fixed-rate levy loss in tax year 2010 | 109073 |
| and the total fixed-rate levy loss in tax year 2008. | 109074 |
| (10) On or before August 31, 2010, and October 31, 2010, | 109075 |
| forty-three per cent of the amount determined under division | 109076 |
| (A)(2) of this section for fiscal year 2011, but not less than | 109077 |
| zero, plus one-half of six-sevenths of the difference between the | 109078 |
| telephone property fixed-rate levy loss for tax year 2010 and the | 109079 |
| telephone property fixed-rate levy loss for tax year 2009. | 109080 |
| (11) On or before May 31, 2011, fourteen per cent of the | 109081 |
| amount determined under division (A)(2) of this section for | 109082 |
| fiscal year 2011, but not less than zero, plus one-seventh of the | 109083 |
| difference between the telephone property fixed-rate levy loss for | 109084 |
| tax year 2011 and the telephone property fixed-rate levy loss for | 109085 |
| tax year 2009. | 109086 |
| (12) On or before August 31, 2011, and October 31, 2011, the | 109087 |
| amount determined under division (A)(2) of this section | 109088 |
| multiplied by a fraction, the numerator of which is fourteen and | 109089 |
| the denominator of which is seventeen, but not less than zero, | 109090 |
| multiplied by forty-three per cent, plus one-half of six-sevenths | 109091 |
| of the difference between the telephone property fixed-rate levy | 109092 |
| loss for tax year 2011 and the telephone property fixed-rate levy | 109093 |
| loss for tax year 2010. | 109094 |
| (13) On or before May 31, 2012, fourteen per cent of the | 109095 |
| amount determined under division (A)(2) of this section for | 109096 |
| fiscal year 2012, multiplied by a fraction, the numerator of | 109097 |
| which is fourteen and the denominator of which is seventeen, plus | 109098 |
| one-seventh of the difference between the telephone property | 109099 |
| fixed-rate levy loss for tax year 2011 and the telephone property | 109100 |
| fixed-rate levy loss for tax year 2010. | 109101 |
| (14) On or before August 31, 2012, October 31, 2012, and May | 109102 |
| 31, 2013, the amount determined under division (A)(2) of this | 109103 |
| section multiplied by a fraction, the numerator of which is | 109104 |
| eleven and the denominator of which is seventeen, but not less | 109105 |
| than zero, multiplied by one-third. | 109106 |
| (15) On or before August 31, 2013, October 31, 2013, and May | 109107 |
| 31, 2014, the amount determined under division (A)(2) of this | 109108 |
| section multiplied by a fraction, the numerator of which is nine | 109109 |
| and the denominator of which is seventeen, but not less than | 109110 |
| zero, multiplied by one-third. | 109111 |
| (16) On or before August 31, 2014, October 31, 2014, and May | 109112 |
| 31, 2015, the amount determined under division (A)(2) of this | 109113 |
| section multiplied by a fraction, the numerator of which is seven | 109114 |
| and the denominator of which is seventeen, but not less than | 109115 |
| zero, multiplied by one-third. | 109116 |
| (17) On or before August 31, 2015, October 31, 2015, and May | 109117 |
| 31, 2016, the amount determined under division (A)(2) of this | 109118 |
| section multiplied by a fraction, the numerator of which is five | 109119 |
| and the denominator of which is seventeen, but not less than | 109120 |
| zero, multiplied by one-third. | 109121 |
| (18) On or before August 31, 2016, October 31, 2016, and May | 109122 |
| 31, 2017, the amount determined under division (A)(2) of this | 109123 |
| section multiplied by a fraction, the numerator of which is three | 109124 |
| and the denominator of which is seventeen, but not less than | 109125 |
| zero, multiplied by one-third. | 109126 |
| (19) On or before August 31, 2017, October 31, 2017, and May | 109127 |
| 31, 2018, the amount determined under division (A)(2) of this | 109128 |
| section multiplied by a fraction, the numerator of which is one | 109129 |
| and the denominator of which is seventeen, but not less than | 109130 |
| zero, multiplied by one-third. | 109131 |
| The department of education shall report to each school | 109132 |
| district and joint vocational school district the apportionment of | 109133 |
| the payments among the school district's or joint vocational | 109134 |
|
school district's funds based on the certifications under | 109135 |
| 109136 |
| Any qualifying levy that is a fixed-rate levy that is not | 109137 |
| applicable to a tax year after 2010 does not qualify for any | 109138 |
| reimbursement after the tax year to which it is last applicable. | 109139 |
| (D) For taxes levied within the ten-mill limitation for debt | 109140 |
| purposes in tax year 2005, payments shall be made equal to one | 109141 |
| hundred per cent of the loss computed as if the tax were a | 109142 |
| fixed-rate levy, but those payments shall extend from fiscal year | 109143 |
| 2006 through fiscal year 2018, as long as the qualifying levy | 109144 |
| continues to be used for debt purposes. If the purpose of such a | 109145 |
| qualifying levy is changed, that levy becomes subject to the | 109146 |
| payments determined in division (C) of this section. | 109147 |
| (E)(1) Not later than January 1, 2006, for each fixed-sum | 109148 |
| levy of each school district or joint vocational school district | 109149 |
| and for each year for which a determination is made under division | 109150 |
| 109151 | |
| levy loss is to be reimbursed, the tax commissioner shall certify | 109152 |
| to the department of education the fixed-sum levy loss determined | 109153 |
| under that division. The certification shall cover a time period | 109154 |
| sufficient to include all fixed-sum levies for which the | 109155 |
| commissioner made such a determination. The department shall pay | 109156 |
| from the school district property tax replacement fund to the | 109157 |
| school district or joint vocational school district one-third of | 109158 |
| the fixed-sum levy loss so certified for each year, plus one-third | 109159 |
| of the amount certified under division (I) of section 5751.20 of | 109160 |
| the Revised Code, on or before the last day of May, August, and | 109161 |
| October of the current year. Payments under this division of the | 109162 |
| amounts certified under division (I) of section 5751.20 of the | 109163 |
| Revised Code shall continue through the earlier of calendar year | 109164 |
| 2017 or until the levy adopted under section 5705.219 of the | 109165 |
| Revised Code expires. | 109166 |
| (2) Beginning in 2006, by the first day of January of each | 109167 |
| year, the tax commissioner shall review the certification | 109168 |
| originally made under division (E)(1) of this section. If the | 109169 |
| commissioner determines that a debt levy that had been scheduled | 109170 |
| to be reimbursed in the current year has expired, a revised | 109171 |
| certification for that and all subsequent years shall be made to | 109172 |
| the department of education. | 109173 |
| (F) Beginning in September 2007 and through June 2018, the | 109174 |
| director of budget and management shall transfer from the school | 109175 |
| district tangible property tax replacement fund to the general | 109176 |
| revenue fund each of the following: | 109177 |
| (1) On the first day of September, one-fourth of the amount | 109178 |
| determined for that fiscal year under division (A)(1) of this | 109179 |
| section; | 109180 |
| (2) On the first day of December, one-fourth of the amount | 109181 |
| determined for that fiscal year under division (A)(1) of this | 109182 |
| section; | 109183 |
| (3) On the first day of March, one-fourth of the amount | 109184 |
| determined for that fiscal year under division (A)(1) of this | 109185 |
| section; | 109186 |
| (4) On the first day of June, one-fourth of the amount | 109187 |
| determined for that fiscal year under division (A)(1) of this | 109188 |
| section. | 109189 |
| If, when a transfer is required under division (F)(1), (2), | 109190 |
| (3), or (4) of this section, there is not sufficient money in the | 109191 |
| school district tangible property tax replacement fund to make | 109192 |
| the transfer in the required amount, the director shall transfer | 109193 |
| the balance in the fund to the general revenue fund and may make | 109194 |
| additional transfers on later dates as determined by the director | 109195 |
| in a total amount that does not exceed one-fourth of the amount | 109196 |
| determined for the fiscal year. | 109197 |
| (G) For each of the fiscal years 2006 through 2018, if the | 109198 |
| total amount in the school district tangible property tax | 109199 |
| replacement fund is insufficient to make all payments under | 109200 |
| divisions (C), (D), and (E) of this section at the times the | 109201 |
| payments are to be made, the director of budget and management | 109202 |
| shall transfer from the general revenue fund to the school | 109203 |
| district tangible property tax replacement fund the difference | 109204 |
| between the total amount to be paid and the amount in the school | 109205 |
| district tangible property tax replacement fund. For each fiscal | 109206 |
| year after 2018, at the time payments under division (E) of this | 109207 |
| section are to be made, the director of budget and management | 109208 |
| shall transfer from the general revenue fund to the school | 109209 |
| district property tax replacement fund the amount necessary to | 109210 |
| make such payments. | 109211 |
| (H)(1) On the fifteenth day of June of 2006 through 2011, | 109212 |
| the director of budget and management may transfer any balance in | 109213 |
| the school district tangible property tax replacement fund to the | 109214 |
| general revenue fund. At the end of fiscal years 2012 through | 109215 |
| 2018, any balance in the school district tangible property tax | 109216 |
| replacement fund shall remain in the fund to be used in future | 109217 |
| fiscal years for school purposes. | 109218 |
| (2) In each fiscal year beginning with fiscal year 2019, all | 109219 |
| amounts credited to the school district tangible personal property | 109220 |
| tax replacement fund shall be appropriated for school purposes. | 109221 |
| (I) If all of the territory of a school district or joint | 109222 |
| vocational school district is merged with another district, or if | 109223 |
| a part of the territory of a school district or joint vocational | 109224 |
| school district is transferred to an existing or newly created | 109225 |
| district, the department of education, in consultation with the | 109226 |
| tax commissioner, shall adjust the payments made under this | 109227 |
| section as follows: | 109228 |
| (1) For a merger of two or more districts, the machinery and | 109229 |
| equipment, inventory, furniture and fixtures, and telephone | 109230 |
| property fixed-rate levy losses and the fixed-sum levy losses of | 109231 |
| the successor district shall be equal to the sum of the machinery | 109232 |
| and equipment, inventory, furniture and fixtures, and telephone | 109233 |
| property fixed-rate levy losses and debt levy losses as determined | 109234 |
| in section 5751.20 of the Revised Code, for each of the districts | 109235 |
| involved in the merger. | 109236 |
| (2) If property is transferred from one district to a | 109237 |
| previously existing district, the amount of machinery and | 109238 |
| equipment, inventory, furniture and fixtures, and telephone | 109239 |
| property tax value losses and fixed-rate levy losses that shall be | 109240 |
| transferred to the recipient district shall be an amount equal to | 109241 |
| the total machinery and equipment, inventory, furniture and | 109242 |
| fixtures, and telephone property fixed-rate levy losses times a | 109243 |
| fraction, the numerator of which is the value of business tangible | 109244 |
| personal property on the land being transferred in the most recent | 109245 |
| year for which data are available, and the denominator of which is | 109246 |
| the total value of business tangible personal property in the | 109247 |
| district from which the land is being transferred in the most | 109248 |
| recent year for which data are available. For each of the first | 109249 |
| five years after the property is transferred, but not after fiscal | 109250 |
| year 2012, if the tax rate in the recipient district is less than | 109251 |
| the tax rate of the district from which the land was transferred, | 109252 |
| one-half of the payments arising from the amount of fixed-rate | 109253 |
| levy losses so transferred to the recipient district shall be paid | 109254 |
| to the recipient district and one-half of the payments arising | 109255 |
| from the fixed-rate levy losses so transferred shall be paid to | 109256 |
| the district from which the land was transferred. Fixed-rate levy | 109257 |
| losses so transferred shall be computed on the basis of the sum of | 109258 |
| the rates of fixed-rate qualifying levies of the district from | 109259 |
| which the land was transferred, notwithstanding division (E) of | 109260 |
| this section. | 109261 |
| (3) After December 31, 2004, if property is transferred from | 109262 |
| one or more districts to a district that is newly created out of | 109263 |
| the transferred property, the newly created district shall be | 109264 |
| deemed not to have any machinery and equipment, inventory, | 109265 |
| furniture and fixtures, or telephone property fixed-rate levy | 109266 |
| losses and the districts from which the property was transferred | 109267 |
| shall have no reduction in their machinery and equipment, | 109268 |
| inventory, furniture and fixtures, and telephone property | 109269 |
| fixed-rate levy losses. | 109270 |
| (4) If the recipient district under division (I)(2) of this | 109271 |
| section or the newly created district under divisions (I)(3) of | 109272 |
| this section is assuming debt from one or more of the districts | 109273 |
| from which the property was transferred and any of the districts | 109274 |
| losing the property had fixed-sum levy losses, the department of | 109275 |
| education, in consultation with the tax commissioner, shall make | 109276 |
| an equitable division of the fixed-sum levy loss reimbursements. | 109277 |
| Sec. 5911.10. If any armory erected or purchased by the | 109278 |
| state becomes vacant because of the deactivation of the | 109279 |
| organizations quartered in that armory, the governor and the | 109280 |
| adjutant general may lease that armory for periods not to exceed | 109281 |
| one year; or, when authorized by an act of the general assembly, | 109282 |
|
may
sell that armory or lease it for a period of years. | 109283 |
| The proceeds from the sale or lease of such an armory, or | 109284 |
| from the sale or lease of other facilities and land owned by the | 109285 |
| adjutant general, shall be credited to the armory improvements | 109286 |
| fund, which is hereby created in the state treasury. The moneys in | 109287 |
| the fund shall be used to support Ohio army national guard | 109288 |
| facility and maintenance expenses as the adjutant general directs. | 109289 |
| Any fund expenditure related to the construction, acquisition, | 109290 |
| lease, or financing of a capital asset is subject to approval by | 109291 |
| the controlling board. Investment earnings of the fund shall be | 109292 |
| credited to the general revenue fund. | 109293 |
| Sec. 5911.11. There is hereby created in the state treasury | 109294 |
| the community match armories fund. The fund shall consist of all | 109295 |
| amounts received as revenue from contributions from local entities | 109296 |
| for construction and maintenance of Ohio army national guard | 109297 |
| readiness and community centers and facilities. The moneys in the | 109298 |
| fund shall be used to support the acquisition and maintenance | 109299 |
| costs of centers and facilities representing the local entity's | 109300 |
| share of costs, including the local entity's share of utility | 109301 |
| costs. Investment earnings of the fund shall be credited to the | 109302 |
| fund. | 109303 |
| Sec. 5913.051. | 109304 |
| 109305 | |
| 109306 | |
| general - army. This assistant shall be a brigadier general and | 109307 |
| shall aid the adjutant general by performing duties that the | 109308 |
|
adjutant general
assigns | 109309 |
| 109310 | |
| This assistant shall not be a full-time state employee or a member | 109311 |
| of the governor's military staff, but shall serve in that capacity | 109312 |
| only during federally recognized training, special duty periods, | 109313 |
| 109314 | |
| time of appointment be in the rank of colonel or above but | 109315 |
|
otherwise meet the qualifications established | 109316 |
| 109317 | |
| officer qualification. | 109318 |
| (B) The adjutant general may appoint an assistant adjutant | 109319 |
| general – airforce. This assistant shall be a brigadier general | 109320 |
| and shall aid the adjutant general by performing duties that the | 109321 |
| adjutant general assigns that include the areas of readiness, | 109322 |
| mobilization, and homeland defense preparedness. This assistant | 109323 |
| shall not be a full-time state employee or a member of the | 109324 |
| governor's military staff, but shall serve in that capacity only | 109325 |
| during federally recognized training, special duty periods, | 109326 |
| mobilization periods, or state active duty, and shall at the time | 109327 |
| of appointment be in the rank of colonel or above but otherwise | 109328 |
| meet the qualifications established by the department of | 109329 |
| defense/air force for general officer qualification. | 109330 |
| Sec. 5913.09. (A) The adjutant general is the custodian of | 109331 |
| all military and other adjutant general's department property, | 109332 |
| both real and personal, belonging to the state. | 109333 |
| (B) The adjutant general may make changes and improvements to | 109334 |
| military and other adjutant general's department property as the | 109335 |
| needs of the state and federal government and the exigencies of | 109336 |
| the service require. All improvements made upon that property | 109337 |
| belonging to the state, from moneys received either all or in part | 109338 |
| from the state or federal government, or both, become the property | 109339 |
| of the state, except as may be provided in an agreement and | 109340 |
| corresponding regulations by which the United States contributes | 109341 |
| to the cost of an improvement. | 109342 |
| (C)(1) In accordance with applicable state and federal law | 109343 |
| and regulations, the adjutant general, with the approval of the | 109344 |
| governor, may acquire by purchase lease, license, or otherwise, | 109345 |
| real and personal property necessary for the purposes of the | 109346 |
| department. | 109347 |
| (2) In accordance with applicable state and federal law and | 109348 |
| regulations, the adjutant general, with the approval of the | 109349 |
| attorney general, may enter into contracts for the construction, | 109350 |
| repair, renovation, maintenance, and operation of military or | 109351 |
| other adjutant general's department property. | 109352 |
| (3) In accordance with applicable state and federal law and | 109353 |
| regulations, the adjutant general, with the approval of the | 109354 |
| governor, may lease or exchange all or part of any military or | 109355 |
| other adjutant general's department property or grant easements or | 109356 |
| licenses, if the lease, exchange, easement, or license is | 109357 |
| advantageous to the state. | 109358 |
| (4) All real property of the adjutant general's department | 109359 |
| shall be sold in accordance with section 5911.10 of the Revised | 109360 |
| Code. | 109361 |
| (D)(1) Except as otherwise provided in this section, all | 109362 |
| income from any military or other adjutant general's department | 109363 |
| property of the state, not made a portion of the company, troop, | 109364 |
| battery, detachment, squadron, or other organization funds by | 109365 |
| regulations, shall be credited to the funds for the operation and | 109366 |
| maintenance of the Ohio organized militia, as the adjutant general | 109367 |
| directs, in accordance with applicable state and federal law and | 109368 |
| regulations and the agreements by which the United States | 109369 |
| contributes to the cost of operation and maintenance of the Ohio | 109370 |
| national guard. | 109371 |
| (2) There is hereby created in the state treasury the camp | 109372 |
| Perry/buckeye inn operations fund. The fund shall consist of all | 109373 |
| amounts received as revenue from the rental of facilities located | 109374 |
| at the camp Perry training site in Ottawa county and the buckeye | 109375 |
| inn at Rickenbacker air national guard base in Franklin county, | 109376 |
| and all amounts received from the use of the camp Perry training | 109377 |
| site and its facilities, including shooting ranges. The moneys in | 109378 |
| the fund shall be used to support the facility operations of the | 109379 |
| camp Perry clubhouse and the buckeye inn. Investment earnings of | 109380 |
| the fund shall be credited to the general revenue fund. | 109381 |
| Sec. 5919.20. There is hereby created in the state treasury | 109382 |
| the national guard service medal fund. The fund shall consist of | 109383 |
| all amounts received from the purchase of Ohio national guard | 109384 |
| service medals for eligible national guard service members as | 109385 |
| authorized by the general assembly. The moneys in the fund shall | 109386 |
| be used to purchase additional medals. Investment earnings of the | 109387 |
| fund shall be credited to the fund. | 109388 |
| Sec. 5919.36. There is hereby created in the state treasury | 109389 |
| the Ohio national guard facility maintenance fund. The fund shall | 109390 |
| consist of all amounts received from revenue from leases of sites, | 109391 |
| including towers and wells, and other revenue received from | 109392 |
| reimbursements for services related to Ohio national guard | 109393 |
| programs. The moneys in the fund shall be used for service, | 109394 |
| maintenance, and repair expenses, and for equipment purchases for | 109395 |
| programs and facilities of the adjutant general. Investment | 109396 |
| earnings of the fund shall be credited to the general revenue | 109397 |
| fund. | 109398 |
| Sec. 6103.01. As used in this chapter: | 109399 |
| (A) "Public water supply facilities," "water supply | 109400 |
| facilities," "water supply improvement," or "improvement" means, | 109401 |
| without limiting the generality of those terms, water wells and | 109402 |
| well fields, springs, lakes, rivers, streams, or other sources of | 109403 |
| water supply, intakes, pumping stations and equipment, treatment, | 109404 |
| filtration, or purification plants, force and distribution lines | 109405 |
| or mains, cisterns, reservoirs, storage facilities, necessary | 109406 |
| equipment for fire protection, other related structures, | 109407 |
| equipment, and furnishings, and real estate and interests in real | 109408 |
| estate, necessary or useful in the proper development of a water | 109409 |
| supply for domestic or other purposes and its proper distribution. | 109410 |
| (B) "Current operating expenses," "debt charges," "permanent | 109411 |
| improvement," "public obligations," and "subdivision" have the | 109412 |
| same meanings as in section 133.01 of the Revised Code. | 109413 |
| (C) "Construct," "construction," or "constructing" means | 109414 |
| construction, reconstruction, enlargement, extension, improvement, | 109415 |
| renovation, repair, and replacement of water supply facilities, | 109416 |
| but does not include repairs, replacements, or similar actions | 109417 |
| that do not constitute and qualify as permanent improvements. | 109418 |
| (D) "Maintain," "maintaining," or "maintenance" means | 109419 |
| repairs, replacements, and similar actions that constitute and are | 109420 |
| payable as current operating expenses and that are required to | 109421 |
| restore water supply facilities to, or to continue water supply | 109422 |
| facilities in, good order and working condition, but does not | 109423 |
| include construction of permanent improvements. | 109424 |
| (E) "Public agency" means a state and any agency or | 109425 |
| subdivision of a state, including a county, a municipal | 109426 |
| corporation, or other subdivision. | 109427 |
| (F) "County sanitary engineer" means either of the following: | 109428 |
| (1) The registered professional engineer employed or | 109429 |
| appointed by the board of county commissioners to be the county | 109430 |
| sanitary engineer as provided in section 6117.01 of the Revised | 109431 |
| Code; | 109432 |
| (2) The county engineer, if, for as long as and to the extent | 109433 |
| that engineer by agreement entered into under section 315.14 of | 109434 |
| the Revised Code is retained to discharge the duties of a county | 109435 |
| sanitary engineer under this chapter. | 109436 |
| (G) "Homestead exemption" means the reduction of taxes | 109437 |
| allowed under division (A) of section 323.152 of the Revised Code. | 109438 |
| (H) "Low- and moderate-income persons" has the same meaning | 109439 |
| as in section 175.01 of the Revised Code. | 109440 |
| Sec. 6103.02. (A) For the purpose of preserving and | 109441 |
| promoting the public health and welfare, a board of county | 109442 |
| commissioners may acquire, construct, maintain, and operate any | 109443 |
| public water supply facilities within its county for one or more | 109444 |
| sewer districts and may provide for their protection and prevent | 109445 |
| their pollution and unnecessary waste. The board may negotiate and | 109446 |
| enter into a contract with any public agency or any person for the | 109447 |
| management, maintenance, operation, and repair of the facilities | 109448 |
| on behalf of the county, upon the terms and conditions as may be | 109449 |
| agreed upon with the agency or person and as may be determined by | 109450 |
| the board to be in the interests of the county. By contract with | 109451 |
| any public agency or any person operating public water supply | 109452 |
| facilities within or without its county, the board also may | 109453 |
| provide a supply of water to a sewer district from the facilities | 109454 |
| of the public agency or person. | 109455 |
| (B) The county sanitary engineer or sanitary engineering | 109456 |
| department, in addition to other assigned duties, shall assist the | 109457 |
| board in the performance of its duties under this chapter and | 109458 |
| shall be charged with other duties and services in relation to | 109459 |
| the board's duties as the board prescribes. | 109460 |
| (C) The board may adopt, publish, administer, and enforce | 109461 |
| rules for the construction, maintenance, protection, and use of | 109462 |
| county-owned or county-operated public water supply facilities | 109463 |
| outside municipal corporations and of public water supply | 109464 |
| facilities within municipal corporations that are owned or | 109465 |
| operated by the county or that are supplied with water from water | 109466 |
| supply facilities owned or operated by the county, including, but | 109467 |
| not limited to, rules for the establishment and use of any | 109468 |
| connections, the termination in accordance with reasonable | 109469 |
| procedures of water service for nonpayment of county water rates | 109470 |
| and charges, and the establishment and use of security deposits to | 109471 |
| the extent considered necessary to ensure the payment of county | 109472 |
| water rates and charges. The rules shall not be inconsistent with | 109473 |
| the laws of the state or any applicable rules of the director of | 109474 |
| environmental protection. | 109475 |
| (D) No public water supply facilities shall be constructed in | 109476 |
| any county outside municipal corporations by any person, except | 109477 |
| for the purpose of supplying water to those municipal | 109478 |
| corporations, until the plans and specifications for the | 109479 |
| facilities have been approved by the board. Construction shall be | 109480 |
| done under the supervision of the county sanitary engineer. Any | 109481 |
| person constructing public water supply facilities shall pay to | 109482 |
| the county all expenses incurred by the board in connection with | 109483 |
| the construction. | 109484 |
| (E) The county sanitary engineer or the county sanitary | 109485 |
| engineer's authorized assistants or agents, when properly | 109486 |
| identified in writing or otherwise and after written notice is | 109487 |
| delivered to the owner at least five days in advance or mailed at | 109488 |
| least five days in advance by first class or certified mail to the | 109489 |
| owner's tax mailing address, may enter upon any public or private | 109490 |
| property for the purpose of making, and may make, surveys or | 109491 |
| inspections necessary for the design or evaluation of county | 109492 |
| public water supply facilities. This entry is not a trespass and | 109493 |
| is not to be considered an entry in connection with any | 109494 |
| appropriation of property proceedings under sections 163.01 to | 109495 |
| 163.22 of the Revised Code that may be pending. No person or | 109496 |
| public agency shall forbid the county sanitary engineer or the | 109497 |
| county sanitary engineer's authorized assistants or agents to | 109498 |
| enter, or interfere with their entry, upon the property for the | 109499 |
| purpose of making the surveys or inspections. If actual damage is | 109500 |
| done to property by the making of the surveys or inspections, the | 109501 |
| board shall pay the reasonable value of the damage to the property | 109502 |
| owner, and the cost shall be included in the cost of the | 109503 |
| facilities and may be included in any special assessments levied | 109504 |
| and collected to pay that cost. | 109505 |
| (F) The board shall fix reasonable rates, including penalties | 109506 |
| for late payments, for water supplied to public agencies and | 109507 |
| persons when the source of supply or the facilities for its | 109508 |
| distribution are owned or operated by the county and may change | 109509 |
| the rates from time to time as it considers advisable. When the | 109510 |
| source of the water supply to be used by the county is owned by | 109511 |
| another public agency or person, the schedule of rates to be | 109512 |
| charged by the public agency or person shall be approved by the | 109513 |
| board at the time it enters into a contract for the use of water | 109514 |
|
from the public agency or person. | 109515 |
| When the distribution facilities are owned by the county, the | 109516 |
| board also may fix reasonable charges to be collected for the | 109517 |
| privilege of connecting to the distribution facilities and may | 109518 |
| require that, prior to the connection, the charges be paid in full | 109519 |
| or, if determined by the board to be equitable in a resolution | 109520 |
| relating to the payment of the charges, may require their payment | 109521 |
| in installments, as considered adequate by the board, at the | 109522 |
| times, in the amounts, and with the security, carrying charges, | 109523 |
| and penalties as may be determined by the board in that resolution | 109524 |
| to be fair and appropriate. No public agency or person shall be | 109525 |
| permitted to connect to those facilities until the charges have | 109526 |
| been paid in full or provision for their payment in installments | 109527 |
| has been made. If the connection charges are to be paid in | 109528 |
| installments, the board shall certify, to the county auditor, | 109529 |
| information sufficient to identify each parcel of property served | 109530 |
| by a connection and, with respect to each parcel, the total of the | 109531 |
| charges to be paid in installments, the amount of each | 109532 |
| installment, and the total number of installments to be paid. The | 109533 |
| county auditor shall record and maintain the information so | 109534 |
| supplied in the waterworks record provided for in section 6103.16 | 109535 |
| of the Revised Code until the connection charges are paid in full. | 109536 |
| The board may include amounts attributable to connection charges | 109537 |
| being paid in installments in its billings of rates and other | 109538 |
| charges for water supplied. In addition, the board may consider | 109539 |
| payments made to a school district under section 6103.25 of the | 109540 |
| Revised Code when the board establishes rates and other charges | 109541 |
| for water supplied. | 109542 |
| A board may establish discounted rates or charges or may | 109543 |
| establish another mechanism for providing a reduction in rates or | 109544 |
| charges for persons who are sixty-five years of age or older. The | 109545 |
| board shall establish eligibility requirements for such discounted | 109546 |
| or reduced rates or charges, including a requirement that a person | 109547 |
| be eligible for the homestead exemption or qualify as a low- and | 109548 |
| moderate-income person. | 109549 |
| (G) When any rates or charges are not paid when due, the | 109550 |
| board may do any or all of the following: | 109551 |
| (1) Certify the unpaid rates or charges, together with any | 109552 |
| penalties, to the county auditor. The county auditor shall place | 109553 |
| the certified amount upon the real property tax list and duplicate | 109554 |
| against the property served by the connection. The certified | 109555 |
| amount shall be a lien on the property from the date placed on the | 109556 |
| real property tax list and duplicate and shall be collected in the | 109557 |
| same manner as taxes, except that, notwithstanding section 323.15 | 109558 |
| of the Revised Code, a county treasurer shall accept a payment in | 109559 |
| that amount when separately tendered as payment for the full | 109560 |
| amount of the unpaid rates or charges and associated penalties. | 109561 |
| The lien shall be released immediately upon payment in full of the | 109562 |
| certified amount. | 109563 |
| (2) Collect the unpaid rates or charges, together with any | 109564 |
| penalties, by actions at law in the name of the county from an | 109565 |
| owner, tenant, or other person or public agency that is liable for | 109566 |
| the payment of the rates or charges; | 109567 |
| (3) Terminate, in accordance with established rules, the | 109568 |
| water service to the particular property unless and until the | 109569 |
| unpaid rates or charges, together with any penalties, are paid in | 109570 |
| full; | 109571 |
| (4) Apply, to the extent required, any security deposit made | 109572 |
| in accordance with established rules to the payment of the unpaid | 109573 |
| rates and charges, together with any penalties, for water service | 109574 |
| to the particular property. | 109575 |
| All moneys collected as rates, charges, or penalties fixed or | 109576 |
| established in accordance with division (F) of this section for | 109577 |
| water supply purposes in or for any sewer district shall be paid | 109578 |
| to the county treasurer and kept in a separate and distinct water | 109579 |
| fund established by the board to the credit of the district. | 109580 |
| Each board that fixes water rates or charges may render | 109581 |
| estimated bills periodically, provided that at least quarterly it | 109582 |
| shall schedule an actual reading of each customer's meter so as to | 109583 |
| render a bill for the actual amount shown by the meter reading to | 109584 |
| be due, with credit for prior payments of any estimated bills | 109585 |
| submitted for any part of the billing period, except that | 109586 |
| estimated bills may be rendered if a customer's meter is not | 109587 |
| accessible for a timely reading or if the circumstances preclude a | 109588 |
| scheduled reading. Each board also shall establish procedures | 109589 |
| providing a fair and reasonable opportunity for the resolution of | 109590 |
| billing disputes. | 109591 |
| When property to which water service is provided is about to | 109592 |
| be sold, any party to the sale or an agent of a party may request | 109593 |
| the board to have the meter at that property read and to render, | 109594 |
| within ten days following the date on which the request is made, a | 109595 |
| final bill for all outstanding rates and charges for water | 109596 |
| service. The request shall be made at least fourteen days prior | 109597 |
| to the transfer of the title of the property. | 109598 |
| At any time prior to a certification under division (G)(1) of | 109599 |
| this section, the board shall accept any partial payment of unpaid | 109600 |
| water rates or charges in the amount of ten dollars or more. | 109601 |
| Except as otherwise provided in any proceedings authorizing | 109602 |
| or providing for the security for and payment of any public | 109603 |
| obligations, or in any indenture or trust or other agreement | 109604 |
| securing public obligations, moneys in the water fund shall be | 109605 |
| applied first to the payment of the cost of the management, | 109606 |
| maintenance, and operation of the water supply facilities of, or | 109607 |
| used or operated for, the sewer district, which cost may include | 109608 |
| the county's share of management, maintenance, and operation costs | 109609 |
| under cooperative contracts for the acquisition, construction, or | 109610 |
| use of water supply facilities and, in accordance with a cost | 109611 |
| allocation plan adopted under division (H) of this section, | 109612 |
| payment of all allowable direct and indirect costs of the | 109613 |
| district, the county sanitary engineer or sanitary engineering | 109614 |
| department, or a federal or state grant program, incurred for the | 109615 |
| purposes of this chapter, and shall be applied second to the | 109616 |
| payment of debt charges payable on any outstanding public | 109617 |
| obligations issued or incurred for the acquisition or construction | 109618 |
| of water supply facilities for or serving the district, or for the | 109619 |
| funding of a bond retirement or other fund established for the | 109620 |
| payment of or security for the obligations. Any surplus remaining | 109621 |
| may be applied to the acquisition or construction of those | 109622 |
| facilities or for the payment of contributions to be made, or | 109623 |
| costs incurred, for the acquisition or construction of those | 109624 |
| facilities under cooperative contracts. Moneys in the water fund | 109625 |
| shall not be expended other than for the use and benefit of the | 109626 |
| district. | 109627 |
| (H) A board of county commissioners may adopt a cost | 109628 |
| allocation plan that identifies, accumulates, and distributes | 109629 |
| allowable direct and indirect costs that may be paid from the | 109630 |
| water fund of the sewer district created pursuant to division (G) | 109631 |
| of this section, and that prescribes methods for allocating those | 109632 |
| costs. The plan shall authorize payment from the fund of only | 109633 |
| those costs incurred by the district, the county sanitary engineer | 109634 |
| or sanitary engineering department, or a federal or state grant | 109635 |
| program, and those costs incurred by the general and other funds | 109636 |
| of the county for a common or joint purpose, that are necessary | 109637 |
| and reasonable for the proper and efficient administration of the | 109638 |
| district under this chapter. The plan shall not authorize payment | 109639 |
| from the fund of any general government expense required to carry | 109640 |
| out the overall governmental responsibilities of a county. The | 109641 |
| plan shall conform to United States office of management and | 109642 |
| budget Circular A-87, "Cost Principles for State, Local, and | 109643 |
| Indian Tribal Governments," published May 17, 1995. | 109644 |
| Sec. 6109.21. (A) Except as provided in divisions (D) and | 109645 |
| (E) of this section, on and after January 1, 1994, no person shall | 109646 |
| operate or maintain a public water system in this state without a | 109647 |
| license issued by the director of environmental protection. A | 109648 |
| person who operates or maintains a public water system on January | 109649 |
| 1, 1994, shall obtain an initial license under this section in | 109650 |
| accordance with the following schedule: | 109651 |
| (1) If the public water system is a community water system, | 109652 |
| not later than January 31, 1994; | 109653 |
| (2) If the public water system is not a community water | 109654 |
| system and serves a nontransient population, not later than | 109655 |
| January 31, 1994; | 109656 |
| (3) If the public water system is not a community water | 109657 |
| system and serves a transient population, not later than January | 109658 |
| 31, 1995. | 109659 |
| A person proposing to operate or maintain a new public water | 109660 |
| system after January 1, 1994, in addition to complying with | 109661 |
| section 6109.07 of the Revised Code and rules adopted under it, | 109662 |
| shall submit an application for an initial license under this | 109663 |
| section to the director prior to commencing operation of the | 109664 |
| system. | 109665 |
| A license or license renewal issued under this section shall | 109666 |
| be renewed annually. Such a license or license renewal shall | 109667 |
| expire on the thirtieth day of January in the year following its | 109668 |
| issuance. A license holder that proposes to continue operating the | 109669 |
| public water system for which the license or license renewal was | 109670 |
| issued shall apply for a license renewal at least thirty days | 109671 |
| prior to that expiration date. | 109672 |
| The director shall adopt, and may amend and rescind, rules in | 109673 |
| accordance with Chapter 119. of the Revised Code establishing | 109674 |
| procedures governing and information to be included on | 109675 |
| applications for licenses and license renewals under this section. | 109676 |
|
Through June 30,
| 109677 |
| by the appropriate fee established under division (M) of section | 109678 |
| 3745.11 of the Revised Code, provided that an applicant for an | 109679 |
| initial license who is proposing to operate or maintain a new | 109680 |
| public water system after January 1, 1994, shall submit a fee that | 109681 |
| equals a prorated amount of the appropriate fee established under | 109682 |
| that division for the remainder of the licensing year. | 109683 |
| (B) Not later than thirty days after receiving a completed | 109684 |
| application and the appropriate license fee for an initial license | 109685 |
| under division (A) of this section, the director shall issue the | 109686 |
| license for the public water system. Not later than thirty days | 109687 |
| after receiving a completed application and the appropriate | 109688 |
| license fee for a license renewal under division (A) of this | 109689 |
| section, the director shall do one of the following: | 109690 |
| (1) Issue the license renewal for the public water system; | 109691 |
| (2) Issue the license renewal subject to terms and conditions | 109692 |
| that the director determines are necessary to ensure compliance | 109693 |
| with this chapter and rules adopted under it; | 109694 |
| (3) Deny the license renewal if the director finds that the | 109695 |
| public water system was not operated in substantial compliance | 109696 |
| with this chapter and rules adopted under it. | 109697 |
| (C) The director may suspend or revoke a license or license | 109698 |
| renewal issued under this section if the director finds that the | 109699 |
| public water system was not operated in substantial compliance | 109700 |
| with this chapter and rules adopted under it. The director shall | 109701 |
| adopt, and may amend and rescind, rules in accordance with Chapter | 109702 |
| 119. of the Revised Code governing such suspensions and | 109703 |
| revocations. | 109704 |
| (D)(1) As used in division (D) of this section, "church" | 109705 |
| means a fellowship of believers, congregation, society, | 109706 |
| corporation, convention, or association that is formed primarily | 109707 |
| or exclusively for religious purposes and that is not formed or | 109708 |
| operated for the private profit of any person. | 109709 |
| (2) This section does not apply to a church that operates or | 109710 |
| maintains a public water system solely to provide water for that | 109711 |
| church or for a campground that is owned by the church and | 109712 |
| operated primarily or exclusively for members of the church and | 109713 |
| their families. A church that, on or before March 5, 1996, has | 109714 |
| obtained a license under this section for such a public water | 109715 |
| system need not obtain a license renewal under this section. | 109716 |
| (E) This section does not apply to any public or nonpublic | 109717 |
| school that meets minimum standards of the state board of | 109718 |
| education that operates or maintains a public water system solely | 109719 |
| to provide water for that school. | 109720 |
| (F) The environmental protection agency shall collect well | 109721 |
| log filing fees on behalf of the division of soil and water | 109722 |
| resources in the department of natural resources in accordance | 109723 |
| with section 1521.05 of the Revised Code and rules adopted under | 109724 |
| it. The fees shall be submitted to the division quarterly as | 109725 |
| provided in those rules. | 109726 |
| Sec. 6111.044. Upon receipt of an application for an | 109727 |
| injection well drilling permit, an injection well operating | 109728 |
| permit, a renewal of an injection well operating permit, or a | 109729 |
| modification of an injection well drilling permit, operating | 109730 |
| permit, or renewal of an operating permit, the director of | 109731 |
| environmental protection shall determine whether the application | 109732 |
| is complete and demonstrates that the activities for which the | 109733 |
| permit, renewal permit, or modification is requested will comply | 109734 |
| with the Federal Water Pollution Control Act and regulations | 109735 |
| adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 | 109736 |
| (1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted | 109737 |
| under it; and this chapter and the rules adopted under it. If the | 109738 |
| application demonstrates that the proposed activities will not | 109739 |
| comply or will pose an unreasonable risk of inducing seismic | 109740 |
| activity, inducing geologic fracturing, or contamination of an | 109741 |
| underground source of drinking water, the director shall deny the | 109742 |
| application. If the application does not make the required | 109743 |
| demonstrations, the director shall return it to the applicant with | 109744 |
| an indication of those matters about which a required | 109745 |
| demonstration was not made. If the director determines that the | 109746 |
| application makes the required demonstrations, the director shall | 109747 |
| transmit copies of the application and all of the accompanying | 109748 |
| maps, data, samples, and information to the chief of the division | 109749 |
| of mineral resources management, the chief of the division of | 109750 |
| geological survey, and the chief of the division of soil and water | 109751 |
| resources in the department of natural resources. | 109752 |
| The chief of the division of geological survey shall comment | 109753 |
| upon the application if the chief determines that the proposed | 109754 |
| well or injection will present an unreasonable risk of loss or | 109755 |
| damage to valuable mineral resources. If the chief submits | 109756 |
| comments on the application, those comments shall be accompanied | 109757 |
| by an evaluation of the geological factors upon which the comments | 109758 |
| are based, including fractures, faults, earthquake potential, and | 109759 |
| the porosity and permeability of the injection zone and confining | 109760 |
| zone, and by the documentation supporting the evaluation. The | 109761 |
| director shall take into consideration the chief's comments, and | 109762 |
| the accompanying evaluation of geologic factors and supporting | 109763 |
| documentation, when considering the application. The director | 109764 |
| shall provide written notice to the chief of the director's | 109765 |
| decision on the application and, if the chief's comments are not | 109766 |
| included in the permit, renewal permit, or modification, of the | 109767 |
| director's rationale for not including them. | 109768 |
| The chief of the division of mineral resources management | 109769 |
| shall comment upon the application if the chief determines that | 109770 |
| the proposed well or injection will present an unreasonable risk | 109771 |
| that waste or contamination of recoverable oil or gas in the earth | 109772 |
| will occur. If the chief submits comments on the application, | 109773 |
| those comments shall be accompanied by an evaluation of the oil or | 109774 |
| gas reserves that, in the best professional judgment of the chief, | 109775 |
| are recoverable and will be adversely affected by the proposed | 109776 |
| well or injection, and by the documentation supporting the | 109777 |
| evaluation. The director shall take into consideration the | 109778 |
| chief's comments, and the accompanying evaluation and supporting | 109779 |
| documentation, when considering the application. The director | 109780 |
| shall provide written notice to the chief of the director's | 109781 |
| decision on the application and, if the chief's comments are not | 109782 |
| included in the permit, renewal permit, or modification, of the | 109783 |
| director's rationale for not including them. | 109784 |
| The chief of the division of soil and water resources shall | 109785 |
| assist the director in determining whether all underground sources | 109786 |
| of drinking water in the area of review of the proposed well or | 109787 |
| injection have been identified and correctly delineated in the | 109788 |
| application. If the application fails to identify or correctly | 109789 |
| delineate an underground source of drinking water, the chief shall | 109790 |
| provide written notice of that fact to the director. | 109791 |
| The chief of the division of mineral resources management | 109792 |
| also shall review the application as follows: | 109793 |
| If the application concerns the drilling or conversion of a | 109794 |
| well or the injection into a well that is not or is not to be | 109795 |
| located within five thousand feet of the excavation and workings | 109796 |
| of a mine, the chief of the division of mineral resources | 109797 |
| management shall note upon the application that it has been | 109798 |
| examined by the division of mineral resources management, retain a | 109799 |
| copy of the application and map, and immediately return a copy of | 109800 |
| the application to the director. | 109801 |
| If the application concerns the drilling or conversion of a | 109802 |
| well or the injection into a well that is or is to be located | 109803 |
| within five thousand feet, but more than five hundred feet from | 109804 |
| the surface excavations and workings of a mine, the chief of the | 109805 |
| division of mineral resources management immediately shall notify | 109806 |
| the owner or lessee of the mine that the application has been | 109807 |
| filed and send to the owner or lessee a copy of the map | 109808 |
| accompanying the application setting forth the location of the | 109809 |
| well. The chief of the division of mineral resources management | 109810 |
| shall note on the application that the notice has been sent to the | 109811 |
| owner or lessee of the mine, retain a copy of the application and | 109812 |
| map, and immediately return a copy of the application to the | 109813 |
| director with the chief's notation on it. | 109814 |
| If the application concerns the drilling or conversion of a | 109815 |
| well or the injection into a well that is or is to be located | 109816 |
| within five thousand feet of the underground excavations and | 109817 |
| workings of a mine or within five hundred feet of the surface | 109818 |
| excavations and workings of a mine, the chief of the division of | 109819 |
| mineral resources management immediately shall notify the owner or | 109820 |
| lessee of the mine that the application has been filed and send to | 109821 |
| the owner or lessee a copy of the map accompanying the application | 109822 |
| setting forth the location of the well. If the owner or lessee | 109823 |
| objects to the application, the owner or lessee shall notify the | 109824 |
| chief of the division of mineral resources management of the | 109825 |
| objection, giving the reasons, within six days after the receipt | 109826 |
| of the notice. If the chief of the division of mineral resources | 109827 |
| management receives no objections from the owner or lessee of the | 109828 |
| mine within ten days after the receipt of the notice by the owner | 109829 |
| or lessee, or if in the opinion of the chief of the division of | 109830 |
| mineral resources management the objections offered by the owner | 109831 |
|
or
lessee are not sufficiently | 109832 |
| chief shall retain a copy of the application and map and return a | 109833 |
| copy of the application to the director with any applicable notes | 109834 |
| concerning it. | 109835 |
| If the chief of the division of mineral resources management | 109836 |
| receives an objection from the owner or lessee of the mine as to | 109837 |
| the application, within ten days after receipt of the notice by | 109838 |
| the owner or lessee, and if in the opinion of the chief the | 109839 |
|
objection is
| 109840 |
| the application and immediately return it to the director together | 109841 |
| with the chief's reasons for the disapproval. The director | 109842 |
| promptly shall notify the applicant for the permit, renewal | 109843 |
| permit, or modification of the disapproval. The applicant may | 109844 |
| appeal the disapproval of the application by the chief of the | 109845 |
| division of mineral resources management to the reclamation | 109846 |
| commission created under section 1513.05 of the Revised Code, and | 109847 |
| the commission shall hear the appeal in accordance with section | 109848 |
| 1513.13 of the Revised Code. The appeal shall be filed within | 109849 |
| thirty days from the date the applicant receives notice of the | 109850 |
| disapproval. No comments concerning or disapproval of an | 109851 |
| application shall be delayed by the chief of the division of | 109852 |
| mineral resources management for more than fifteen days from the | 109853 |
| date of sending of notice to the mine owner or lessee as required | 109854 |
| by this section. | 109855 |
| The director shall not approve an application for an | 109856 |
| injection well drilling permit, an injection well operating | 109857 |
| permit, a renewal of an injection well operating permit, or a | 109858 |
| modification of an injection well drilling permit, operating | 109859 |
| permit, or renewal of an operating permit for a well that is or is | 109860 |
| to be located within three hundred feet of any opening of any mine | 109861 |
| used as a means of ingress, egress, or ventilation for persons | 109862 |
| employed in the mine, nor within one hundred feet of any building | 109863 |
| or flammable structure connected with the mine and actually used | 109864 |
| as a part of the operating equipment of the mine, unless the chief | 109865 |
| of the division of mineral resources management determines that | 109866 |
| life or property will not be endangered by drilling and operating | 109867 |
| the well in that location. | 109868 |
| Upon review by the chief of the division of mineral resources | 109869 |
| management, the chief of the division of geological survey, and | 109870 |
| the chief of the division of soil and water resources, and if the | 109871 |
| chief of the division of mineral resources management has not | 109872 |
| disapproved the application, the director shall issue a permit, | 109873 |
| renewal permit, or modification with any terms and conditions that | 109874 |
| may be necessary to comply with the Federal Water Pollution | 109875 |
| Control Act and regulations adopted under it; the "Safe Drinking | 109876 |
| Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended, | 109877 |
| and regulations adopted under it; and this chapter and the rules | 109878 |
| adopted under it. The director shall not issue a permit, renewal | 109879 |
| permit, or modification to an applicant if the applicant or | 109880 |
| persons associated with the applicant have engaged in or are | 109881 |
| engaging in a substantial violation of this chapter that is | 109882 |
| endangering or may endanger human health or the environment or if, | 109883 |
| in the case of an applicant for an injection well drilling permit, | 109884 |
| the applicant, at the time of applying for the permit, did not | 109885 |
| hold an injection well operating permit or renewal of an injection | 109886 |
| well drilling permit and failed to demonstrate sufficient | 109887 |
| expertise and competency to operate the well in compliance with | 109888 |
| the applicable provisions of this chapter. | 109889 |
| If the director receives a disapproval from the chief of the | 109890 |
| division of mineral resources management regarding an application | 109891 |
| for an injection well drilling or operating permit, renewal | 109892 |
| permit, or modification, if required, the director shall issue an | 109893 |
| order denying the application. | 109894 |
| The director need not issue a proposed action under section | 109895 |
| 3745.07 of the Revised Code or hold an adjudication hearing under | 109896 |
| that section and Chapter 119. of the Revised Code before issuing | 109897 |
| or denying a permit, renewal permit, or modification of a permit | 109898 |
| or renewal permit. Before issuing or renewing a permit to drill or | 109899 |
| operate a class I injection well or a modification of it, the | 109900 |
| director shall propose the permit, renewal permit, or modification | 109901 |
| in draft form and shall hold a public hearing to receive public | 109902 |
| comment on the draft permit, renewal permit, or modification. At | 109903 |
| least fifteen days before the public hearing on a draft permit, | 109904 |
| renewal permit, or modification, the director shall publish notice | 109905 |
| of the date, time, and location of the public hearing in at least | 109906 |
| one newspaper of general circulation serving the area where the | 109907 |
| well is or is to be located. The proposing of such a draft permit, | 109908 |
| renewal permit, or modification does not constitute the issuance | 109909 |
| of a proposed action under section 3745.07 of the Revised Code, | 109910 |
| and the holding of the public hearing on such a draft permit, | 109911 |
| renewal permit, or modification does not constitute the holding of | 109912 |
| an adjudication hearing under that section and Chapter 119. of the | 109913 |
| Revised Code. Appeals of orders other than orders of the chief of | 109914 |
| the division of mineral resources management shall be taken under | 109915 |
| sections 3745.04 to 3745.08 of the Revised Code. | 109916 |
| The director may order that an injection well drilling permit | 109917 |
| or an injection well operating permit or renewal permit be | 109918 |
| suspended and that activities under it cease after determining | 109919 |
| that those activities are occurring in violation of law, rule, | 109920 |
| order, or term or condition of the permit. Upon service of a copy | 109921 |
| of the order upon the permit holder or the permit holder's | 109922 |
| authorized agent or assignee, the permit and activities under it | 109923 |
| shall be suspended immediately without prior hearing and shall | 109924 |
| remain suspended until the violation is corrected and the order of | 109925 |
| suspension is lifted. If a violation is the second within a | 109926 |
| one-year period, the director, after a hearing, may revoke the | 109927 |
| permit. | 109928 |
| The director may order that an injection well drilling permit | 109929 |
| or an injection well operating permit or renewal permit be | 109930 |
| suspended and that activities under it cease if the director has | 109931 |
| reasonable cause to believe that the permit would not have been | 109932 |
| issued if the information available at the time of suspension had | 109933 |
| been available at the time a determination was made by one of the | 109934 |
| agencies acting under authority of this section. Upon service of a | 109935 |
| copy of the order upon the permit holder or the permit holder's | 109936 |
| authorized agent or assignee, the permit and activities under it | 109937 |
| shall be suspended immediately without prior hearing, but a permit | 109938 |
| may not be suspended for that reason without prior hearing unless | 109939 |
| immediate suspension is necessary to prevent waste or | 109940 |
| contamination of oil or gas, comply with the Federal Water | 109941 |
| Pollution Control Act and regulations adopted under it; the "Safe | 109942 |
| Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as | 109943 |
| amended, and regulations adopted under it; and this chapter and | 109944 |
| the rules adopted under it, or prevent damage to valuable mineral | 109945 |
| resources, prevent contamination of an underground source of | 109946 |
| drinking water, or prevent danger to human life or health. If | 109947 |
| after a hearing the director determines that the permit would not | 109948 |
| have been issued if the information available at the time of the | 109949 |
| hearing had been available at the time a determination was made by | 109950 |
| one of the agencies acting under authority of this section, the | 109951 |
| director shall revoke the permit. | 109952 |
| When a permit has been revoked, the permit holder or other | 109953 |
| person responsible for it immediately shall plug the well in the | 109954 |
| manner required by the director. | 109955 |
| The director may issue orders to prevent or require cessation | 109956 |
| of violations of this section, section 6111.043, 6111.045, | 109957 |
| 6111.046, or 6111.047 of the Revised Code, rules adopted under any | 109958 |
| of those sections, and terms or conditions of permits issued under | 109959 |
| any of them. The orders may require the elimination of conditions | 109960 |
| caused by the violation. | 109961 |
| Sec. 6117.01. (A) As used in this chapter: | 109962 |
| (1) "Sanitary facilities" means sanitary sewers, force mains, | 109963 |
| lift or pumping stations, and facilities for the treatment, | 109964 |
| disposal, impoundment, or storage of wastes; equipment and | 109965 |
| furnishings; and all required appurtenances and necessary real | 109966 |
| estate and interests in real estate. | 109967 |
| (2) "Drainage" or "waters" means flows from rainfall or | 109968 |
| otherwise produced by, or resulting from, the elements, storm | 109969 |
| water discharges and releases or migrations of waters from | 109970 |
| properties, accumulations, flows, and overflows of water, | 109971 |
| including accelerated flows and runoffs, flooding and threats of | 109972 |
| flooding of properties and structures, and other surface and | 109973 |
| subsurface drainage. | 109974 |
| (3) "Drainage facilities" means storm sewers, force mains, | 109975 |
| pumping stations, and facilities for the treatment, disposal, | 109976 |
| impoundment, retention, control, or storage of waters; | 109977 |
| improvements of or for any channel, ditch, drain, floodway, or | 109978 |
| watercourse, including location, construction, reconstruction, | 109979 |
| reconditioning, widening, deepening, cleaning, removal of | 109980 |
| obstructions, straightening, boxing, culverting, tiling, filling, | 109981 |
| walling, arching, or change in course, location, or terminus; | 109982 |
| improvements of or for a river, creek, or run, including | 109983 |
| reinforcement of banks, enclosing, deepening, widening, | 109984 |
| straightening, removal of obstructions, or change in course, | 109985 |
| location, or terminus; facilities for the protection of lands from | 109986 |
| the overflow of water, including a levee, wall, embankment, jetty, | 109987 |
| dike, dam, sluice, revetment, reservoir, retention or holding | 109988 |
| basin, control gate, or breakwater; facilities for controlled | 109989 |
| drainage, regulation of stream flow, and protection of an outlet; | 109990 |
| the vacation of a ditch or drain; equipment and furnishings; and | 109991 |
| all required appurtenances and necessary real estate and interests | 109992 |
| in real estate. | 109993 |
| (4) "County sanitary engineer" means either of the following: | 109994 |
| (a) The registered professional engineer employed or | 109995 |
| appointed by the board of county commissioners to be the county | 109996 |
| sanitary engineer as provided in this section3; | 109997 |
| (b) The county engineer, if, for as long as and to the extent | 109998 |
| that engineer by agreement entered into under section 315.14 of | 109999 |
| the Revised Code is retained to discharge duties of a county | 110000 |
| sanitary engineer under this chapter. | 110001 |
| (5) "Current operating expenses," "debt charges," "permanent | 110002 |
| improvement," "public obligations," and "subdivision" have the | 110003 |
| same meanings as in section 133.01 of the Revised Code. | 110004 |
| (6) "Construct," "construction," or "constructing" means | 110005 |
| construction, reconstruction, enlargement, extension, improvement, | 110006 |
| renovation, repair, and replacement of sanitary or drainage | 110007 |
| facilities or of prevention or replacement facilities, but does | 110008 |
| not include any repairs, replacements, or similar actions that do | 110009 |
| not constitute and qualify as permanent improvements. | 110010 |
| (7) "Maintain," "maintaining," or "maintenance" means | 110011 |
| repairs, replacements, and similar actions that constitute and are | 110012 |
| payable as current operating expenses and that are required to | 110013 |
| restore sanitary or drainage facilities or prevention or | 110014 |
| replacement facilities to, or to continue sanitary or drainage | 110015 |
| facilities or prevention or replacement facilities in, good order | 110016 |
| and working condition, but does not include construction of | 110017 |
| permanent improvements. | 110018 |
| (8) "Public agency" means a state and any agency or | 110019 |
| subdivision of a state, including a county, a municipal | 110020 |
| corporation, or other subdivision. | 110021 |
| (9) "Combined sewer" means a sewer system that is designed to | 110022 |
| collect and convey sewage, including domestic, commercial, and | 110023 |
| industrial wastewater, and storm water through a single-pipe | 110024 |
| system to a treatment works or combined sewer overflow outfall | 110025 |
| approved by the director of environmental protection. | 110026 |
| (10) "Prevention or replacement facilities" means vegetated | 110027 |
| swales or median strips, permeable pavement, trees and tree boxes, | 110028 |
| rain barrels and cisterns, rain gardens and filtration planters, | 110029 |
| vegetated roofs, wetlands, riparian buffers, and practices and | 110030 |
| structures that use or mimic natural processes to filter or reuse | 110031 |
| storm water. | 110032 |
| (11) "Homestead exemption" means the reduction of taxes | 110033 |
| allowed under division (A) of section 323.152 of the Revised Code. | 110034 |
| (12) "Low- and moderate-income person" has the same meaning | 110035 |
| as in section 175.01 of the Revised Code. | 110036 |
| (B)(1) For the purpose of preserving and promoting the public | 110037 |
| health and welfare, a board of county commissioners may lay out, | 110038 |
| establish, consolidate, or otherwise modify the boundaries of, and | 110039 |
| maintain, one or more sewer districts within the county and | 110040 |
| outside municipal corporations and may have a registered | 110041 |
| professional engineer make the surveys necessary for the | 110042 |
| determination of the proper boundaries of each district, which | 110043 |
| shall be designated by an appropriate name or number. The board | 110044 |
| may acquire, construct, maintain, and operate within any district | 110045 |
| sanitary or drainage facilities that it determines to be necessary | 110046 |
| or appropriate for the collection of sewage and other wastes | 110047 |
| originating in or entering the district, to comply with the | 110048 |
| provisions of a contract entered into for the purposes described | 110049 |
| in sections 6117.41 to 6117.44 of the Revised Code and pursuant to | 110050 |
| those sections or other applicable provisions of law, or for the | 110051 |
| collection, control, or abatement of waters originating or | 110052 |
| accumulating in, or flowing in, into, or through, the district, | 110053 |
| and other sanitary or drainage facilities, within or outside of | 110054 |
| the district, that it determines to be necessary or appropriate to | 110055 |
| conduct the wastes and waters to a proper outlet and to provide | 110056 |
| for their proper treatment, disposal, and disposition. The board | 110057 |
| may provide for the protection of the sanitary and drainage | 110058 |
| facilities and may negotiate and enter into a contract with any | 110059 |
| public agency or person for the management, maintenance, | 110060 |
| operation, and repair of any of the facilities on behalf of the | 110061 |
| county upon the terms and conditions that may be agreed upon with | 110062 |
| the agency or person and that may be determined by the board to be | 110063 |
| in the best interests of the county. By contract with any public | 110064 |
| agency or person operating sanitary or drainage facilities within | 110065 |
| or outside of the county, the board may provide a proper outlet | 110066 |
| for any of the wastes and waters and for their proper treatment, | 110067 |
| disposal, and disposition. | 110068 |
| (2) For purposes of preventing storm water from entering a | 110069 |
| combined sewer and causing an overflow or an inflow to a sanitary | 110070 |
| sewer, the board may acquire, design, construct, operate, repair, | 110071 |
| maintain, and provide for a project or program that separates | 110072 |
| storm water from a combined sewer or for a prevention or | 110073 |
| replacement facility that prevents or minimizes storm water from | 110074 |
| entering a combined sewer or a sanitary sewer. | 110075 |
| (C) The board of county commissioners may employ a registered | 110076 |
| professional engineer to be the county sanitary engineer for the | 110077 |
| time and on the terms it considers best and may authorize the | 110078 |
| county sanitary engineer to employ necessary assistants upon the | 110079 |
| terms fixed by the board. Prior to the initial assignment of | 110080 |
| drainage facilities duties to the county sanitary engineer, if the | 110081 |
| county sanitary engineer is not the county engineer, the board | 110082 |
| first shall offer to enter into an agreement with the county | 110083 |
| engineer pursuant to section 315.14 of the Revised Code for | 110084 |
| assistance in the performance of those duties of the board | 110085 |
| pertaining to drainage facilities, and the county engineer shall | 110086 |
| accept or reject the offer within thirty days after the date the | 110087 |
| offer is made. | 110088 |
| The board may create and maintain a sanitary engineering | 110089 |
| department, which shall be under its supervision and which shall | 110090 |
| be headed by the county sanitary engineer, for the purpose of | 110091 |
| aiding it in the performance of its duties under this chapter and | 110092 |
| Chapter 6103. of the Revised Code or its other duties regarding | 110093 |
| sanitation, drainage, and water supply provided by law. The board | 110094 |
| shall provide suitable facilities for the use of the department | 110095 |
| and shall provide for and pay the compensation of the county | 110096 |
| sanitary engineer and all authorized necessary expenses of the | 110097 |
| county sanitary engineer and the sanitary engineering department. | 110098 |
| The county sanitary engineer, with the approval of the board, may | 110099 |
| appoint necessary assistants and clerks, and the compensation of | 110100 |
| those assistants and clerks shall be provided for and paid by the | 110101 |
| board. | 110102 |
| (D) The board of county commissioners may adopt, publish, | 110103 |
| administer, and enforce rules for the construction, maintenance, | 110104 |
| protection, and use of county-owned or county-operated sanitary | 110105 |
| and drainage facilities and prevention or replacement facilities | 110106 |
| outside municipal corporations, and of sanitary and drainage | 110107 |
| facilities and prevention or replacement facilities within | 110108 |
| municipal corporations that are owned or operated by the county | 110109 |
| or that discharge into sanitary or drainage facilities or | 110110 |
| prevention or replacement facilities owned or operated by the | 110111 |
| county, including, but not limited to, rules for the establishment | 110112 |
| and use of any connections, the termination in accordance with | 110113 |
| reasonable procedures of sanitary service for the nonpayment of | 110114 |
| county sanitary rates and charges and, if so determined, the | 110115 |
| concurrent termination of any county water service for the | 110116 |
| nonpayment of those rates and charges, the termination in | 110117 |
| accordance with reasonable procedures of drainage service for the | 110118 |
| nonpayment of county drainage rates and charges, and the | 110119 |
| establishment and use of security deposits to the extent | 110120 |
| considered necessary to ensure the payment of county sanitary or | 110121 |
| drainage rates and charges. The rules shall not be inconsistent | 110122 |
| with the laws of this state or any applicable rules of the | 110123 |
| director of environmental protection. | 110124 |
| (E) No sanitary or drainage facilities or prevention or | 110125 |
| replacement facilities shall be constructed in any county outside | 110126 |
| municipal corporations by any person until the plans and | 110127 |
| specifications have been approved by the board of county | 110128 |
| commissioners, and any construction shall be done under the | 110129 |
| supervision of the county sanitary engineer. Not less than thirty | 110130 |
| days before the date drainage plans are submitted to the board for | 110131 |
| its approval, the plans shall be submitted to the county engineer. | 110132 |
| If the county engineer is of the opinion after review that the | 110133 |
| facilities will have a significant adverse effect on roads, | 110134 |
| culverts, bridges, or existing maintenance within the county, the | 110135 |
| county engineer may submit a written opinion to the board not | 110136 |
| later than thirty days after the date the plans are submitted to | 110137 |
| the county engineer. The board may take action relative to the | 110138 |
| drainage plans only after the earliest of receiving the written | 110139 |
| opinion of the county engineer, receiving a written waiver of | 110140 |
| submission of an opinion from the county engineer, or passage of | 110141 |
| thirty days from the date the plans are submitted to the county | 110142 |
| engineer. Any person constructing the facilities shall pay to the | 110143 |
| county all expenses incurred by the board in connection with the | 110144 |
| construction. | 110145 |
| (F) The county sanitary engineer or the county sanitary | 110146 |
| engineer's authorized assistants or agents, when properly | 110147 |
| identified in writing or otherwise and after written notice is | 110148 |
| delivered to the owner at least five days in advance or is mailed | 110149 |
| at least five days in advance by first class or certified mail to | 110150 |
| the owner's tax mailing address, may enter upon any public or | 110151 |
| private property for the purpose of making, and may make, surveys | 110152 |
| or inspections necessary for the laying out of sewer districts or | 110153 |
| the design or evaluation of county sanitary or drainage facilities | 110154 |
| or prevention or replacement facilities. This entry is not a | 110155 |
| trespass and is not to be considered an entry in connection with | 110156 |
| any appropriation of property proceedings under sections 163.01 to | 110157 |
| 163.22 of the Revised Code that may be pending. No person or | 110158 |
| public agency shall forbid the county sanitary engineer or the | 110159 |
| county sanitary engineer's authorized assistants or agents to | 110160 |
| enter, or interfere with their entry, upon the property for that | 110161 |
| purpose or forbid or interfere with their making of surveys or | 110162 |
| inspections. If actual damage is done to property by the making of | 110163 |
| the surveys and inspections, the board shall pay the reasonable | 110164 |
| value of the damage to the property owner, and the cost shall be | 110165 |
| included in the cost of the facilities and may be included in any | 110166 |
| special assessments to be levied and collected to pay that cost. | 110167 |
| Sec. 6117.02. (A) The board of county commissioners shall | 110168 |
| fix reasonable rates, including penalties for late payments, for | 110169 |
| the use, or the availability for use, of the sanitary facilities | 110170 |
| of a sewer district to be paid by every person and public agency | 110171 |
| whose premises are served, or capable of being served, by a | 110172 |
| connection directly or indirectly to those facilities when those | 110173 |
| facilities are owned or operated by the county and may change the | 110174 |
| rates from time to time as it considers advisable. When the | 110175 |
| sanitary facilities to be used by the county are owned by another | 110176 |
| public agency or person, the schedule of rates to be charged by | 110177 |
| the public agency or person for the use of the facilities by the | 110178 |
| county, or the formula or other procedure for their determination, | 110179 |
| shall be approved by the board at the time it enters into a | 110180 |
| contract for that use. | 110181 |
| (B) The board also shall establish reasonable charges to be | 110182 |
| collected for the privilege of connecting to the sanitary | 110183 |
| facilities of the district, with the requirement that, prior to | 110184 |
| the connection, the charges shall be paid in full, or, if | 110185 |
| determined by the board to be equitable in a resolution relating | 110186 |
| to the payment of the charges, provision considered adequate by | 110187 |
| the board shall be made for their payment in installments at the | 110188 |
| times, in the amounts, and with the security, carrying charges, | 110189 |
| and penalties as may be found by the board in that resolution to | 110190 |
| be fair and appropriate. No public agency or person shall be | 110191 |
| permitted to connect to those facilities until the charges have | 110192 |
| been paid in full or provision for their payment in installments | 110193 |
| has been made. If the connection charges are to be paid in | 110194 |
| installments, the board shall certify to the county auditor | 110195 |
| information sufficient to identify each parcel of property served | 110196 |
| by a connection and, with respect to each parcel, the total of the | 110197 |
| charges to be paid in installments, the amount of each | 110198 |
| installment, and the total number of installments to be paid. The | 110199 |
| auditor shall record and maintain the information supplied in the | 110200 |
| sewer improvement record provided for in section 6117.33 of the | 110201 |
| Revised Code until the connection charges are paid in full. The | 110202 |
| board may include amounts attributable to connection charges being | 110203 |
| paid in installments in its billings of rates and charges for the | 110204 |
| use of sanitary facilities. | 110205 |
| (C) When any of the sanitary rates or charges are not paid | 110206 |
| when due, the board may do any or all of the following as it | 110207 |
| considers appropriate: | 110208 |
| (1) Certify the unpaid rates or charges, together with any | 110209 |
| penalties, to the county auditor, who shall place them upon the | 110210 |
| real property tax list and duplicate against the property served | 110211 |
| by the connection. The certified amount shall be a lien on the | 110212 |
| property from the date placed on the real property tax list and | 110213 |
| duplicate and shall be collected in the same manner as taxes, | 110214 |
| except that, notwithstanding section 323.15 of the Revised Code, a | 110215 |
| county treasurer shall accept a payment in that amount when | 110216 |
| separately tendered as payment for the full amount of the unpaid | 110217 |
| sanitary rates or charges and associated penalties. The lien shall | 110218 |
| be released immediately upon payment in full of the certified | 110219 |
| amount. | 110220 |
| (2) Collect the unpaid rates or charges, together with any | 110221 |
| penalties, by actions at law in the name of the county from an | 110222 |
| owner, tenant, or other person or public agency that is liable for | 110223 |
| the payment of the rates or charges; | 110224 |
| (3) Terminate, in accordance with established rules, the | 110225 |
| sanitary service to the particular property and, if so determined, | 110226 |
| any county water service to that property, unless and until the | 110227 |
| unpaid sanitary rates or charges, together with any penalties, are | 110228 |
| paid in full; | 110229 |
| (4) Apply, to the extent required, any security deposit made | 110230 |
| in accordance with established rules to the payment of sanitary | 110231 |
| rates and charges for service to the particular property. | 110232 |
| All moneys collected as sanitary rates, charges, or penalties | 110233 |
| fixed or established in accordance with divisions (A) and (B) of | 110234 |
| this section for any sewer district shall be paid to the county | 110235 |
| treasurer and kept in a separate and distinct sanitary fund | 110236 |
| established by the board to the credit of the district. Except as | 110237 |
| otherwise provided in any proceedings authorizing or providing for | 110238 |
| the security for and payment of any public obligations, or in any | 110239 |
| indenture or trust or other agreement securing public obligations, | 110240 |
| moneys in the sanitary fund shall be applied first to the payment | 110241 |
| of the cost of the management, maintenance, and operation of the | 110242 |
| sanitary facilities of, or used or operated for, the district, | 110243 |
| which cost may include the county's share of management, | 110244 |
| maintenance, and operation costs under cooperative contracts for | 110245 |
| the acquisition, construction, or use of sanitary facilities and, | 110246 |
| in accordance with a cost allocation plan adopted under division | 110247 |
| (E) of this section, payment of all allowable direct and indirect | 110248 |
| costs of the district, the county sanitary engineer or sanitary | 110249 |
| engineering department, or a federal or state grant program, | 110250 |
| incurred for sanitary purposes under this chapter, and shall be | 110251 |
| applied second to the payment of debt charges payable on any | 110252 |
| outstanding public obligations issued or incurred for the | 110253 |
| acquisition or construction of sanitary facilities for or serving | 110254 |
| the district, or for the funding of a bond retirement or other | 110255 |
| fund established for the payment of or security for the | 110256 |
| obligations. Any surplus remaining may be applied to the | 110257 |
| acquisition or construction of those facilities or for the payment | 110258 |
| of contributions to be made, or costs incurred, for the | 110259 |
| acquisition or construction of those facilities under cooperative | 110260 |
| contracts. Moneys in the sanitary fund shall not be expended other | 110261 |
| than for the use and benefit of the district. | 110262 |
| (D) The board may fix reasonable rates and charges, including | 110263 |
| connection charges and penalties for late payments, to be paid by | 110264 |
| any person or public agency owning or having possession or control | 110265 |
| of any properties that are connected with, capable of being served | 110266 |
| by, or otherwise served directly or indirectly by, drainage | 110267 |
| facilities owned or operated by or under the jurisdiction of the | 110268 |
| county, including, but not limited to, properties requiring, or | 110269 |
| lying within an area of the district requiring, in the judgment of | 110270 |
| the board, the collection, control, or abatement of waters | 110271 |
| originating or accumulating in, or flowing in, into, or through, | 110272 |
| the district, and may change those rates and charges from time to | 110273 |
| time as it considers advisable. In addition, the board may fix the | 110274 |
| rates and charges in order to pay the costs of complying with the | 110275 |
| requirements of phase II of the storm water program of the | 110276 |
| national pollutant discharge elimination system established in 40 | 110277 |
| C.F.R. part 122. | 110278 |
| The rates and charges shall be payable periodically as | 110279 |
| determined by the board, except that any connection charges shall | 110280 |
| be paid in full in one payment, or, if determined by the board to | 110281 |
| be equitable in a resolution relating to the payment of those | 110282 |
| charges, provision considered adequate by the board shall be made | 110283 |
| for their payment in installments at the times, in the amounts, | 110284 |
| and with the security, carrying charges, and penalties as may be | 110285 |
| found by the board in that resolution to be fair and appropriate. | 110286 |
| The board may include amounts attributable to connection charges | 110287 |
| being paid in installments in its billings of rates and charges | 110288 |
| for the services provided by the drainage facilities. In the case | 110289 |
| of rates and charges that are fixed in order to pay the costs of | 110290 |
| complying with the requirements of phase II of the storm water | 110291 |
| program of the national pollutant discharge elimination system | 110292 |
| established in 40 C.F.R. part 122, the rates and charges may be | 110293 |
| paid annually or semiannually with real property taxes, provided | 110294 |
| that the board certifies to the county auditor information that is | 110295 |
| sufficient for the auditor to identify each parcel of property for | 110296 |
| which a rate or charge is levied and the amount of the rate or | 110297 |
| charge. | 110298 |
| When any of the drainage rates or charges are not paid when | 110299 |
| due, the board may do any or all of the following as it considers | 110300 |
| appropriate: | 110301 |
| (1) Certify the unpaid rates or charges, together with any | 110302 |
| penalties, to the county auditor, who shall place them upon the | 110303 |
| real property tax list and duplicate against the property to which | 110304 |
| the rates or charges apply. The certified amount shall be a lien | 110305 |
| on the property from the date placed on the real property tax list | 110306 |
| and duplicate and shall be collected in the same manner as taxes, | 110307 |
| except that notwithstanding section 323.15 of the Revised Code, a | 110308 |
| county treasurer shall accept a payment in that amount when | 110309 |
| separately tendered as payment for the full amount of the unpaid | 110310 |
| drainage rates or charges and associated penalties. The lien shall | 110311 |
| be released immediately upon payment in full of the certified | 110312 |
| amount. | 110313 |
| (2) Collect the unpaid rates or charges, together with any | 110314 |
| penalties, by actions at law in the name of the county from an | 110315 |
| owner, tenant, or other person or public agency that is liable for | 110316 |
| the payment of the rates or charges; | 110317 |
| (3) Terminate, in accordance with established rules, the | 110318 |
| drainage service for the particular property until the unpaid | 110319 |
| rates or charges, together with any penalties, are paid in full; | 110320 |
| (4) Apply, to the extent required, any security deposit made | 110321 |
| in accordance with established rules to the payment of drainage | 110322 |
| rates and charges applicable to the particular property. | 110323 |
| All moneys collected as drainage rates, charges, or penalties | 110324 |
| in or for any sewer district shall be paid to the county treasurer | 110325 |
| and kept in a separate and distinct drainage fund established by | 110326 |
| the board to the credit of the district. Except as otherwise | 110327 |
| provided in any proceedings authorizing or providing for the | 110328 |
| security for and payment of any public obligations, or in any | 110329 |
| indenture or trust or other agreement securing public obligations, | 110330 |
| moneys in the drainage fund shall be applied first to the payment | 110331 |
| of the cost of the management, maintenance, and operation of the | 110332 |
| drainage facilities of, or used or operated for, the district, | 110333 |
| which cost may include the county's share of management, | 110334 |
| maintenance, and operation costs under cooperative contracts for | 110335 |
| the acquisition, construction, or use of drainage facilities and, | 110336 |
| in accordance with a cost allocation plan adopted under division | 110337 |
| (E) of this section, payment of all allowable direct and indirect | 110338 |
| costs of the district, the county sanitary engineer or sanitary | 110339 |
| engineering department, or a federal or state grant program, | 110340 |
| incurred for drainage purposes under this chapter, and shall be | 110341 |
| applied second to the payment of debt charges payable on any | 110342 |
| outstanding public obligations issued or incurred for the | 110343 |
| acquisition or construction of drainage facilities for or serving | 110344 |
| the district, or for the funding of a bond retirement or other | 110345 |
| fund established for the payment of or security for the | 110346 |
| obligations. Any surplus remaining may be applied to the | 110347 |
| acquisition or construction of those facilities or for the payment | 110348 |
| of contributions to be made, or costs incurred, for the | 110349 |
| acquisition or construction of those facilities under cooperative | 110350 |
| contracts. Moneys in the drainage fund shall not be expended other | 110351 |
| than for the use and benefit of the district. | 110352 |
| (E) A board of county commissioners may adopt a cost | 110353 |
| allocation plan that identifies, accumulates, and distributes | 110354 |
| allowable direct and indirect costs that may be paid from each of | 110355 |
| the funds of the district created pursuant to divisions (C) and | 110356 |
| (D) of this section, and that prescribes methods for allocating | 110357 |
| those costs. The plan shall authorize payment from each of those | 110358 |
| funds of only those costs incurred by the district, the county | 110359 |
| sanitary engineer or sanitary engineering department, or a federal | 110360 |
| or state grant program, and those costs incurred by the general | 110361 |
| and other funds of the county for a common or joint purpose, that | 110362 |
| are necessary and reasonable for the proper and efficient | 110363 |
| administration of the district under this chapter and properly | 110364 |
| attributable to the particular fund of the district. The plan | 110365 |
| shall not authorize payment from either of the funds of any | 110366 |
| general government expense required to carry out the overall | 110367 |
| governmental responsibilities of a county. The plan shall conform | 110368 |
| to United States office of management and budget Circular A-87, | 110369 |
| "Cost Principles for State, Local, and Indian Tribal Governments," | 110370 |
| published May 17, 1995. | 110371 |
| (F) A board of county commissioners may establish discounted | 110372 |
| rates or charges or may establish another mechanism for providing | 110373 |
| a reduction in rates or charges for persons who are sixty-five | 110374 |
| years of age or older. The board shall establish eligibility | 110375 |
| requirements for such discounted or reduced rates or charges, | 110376 |
| including a requirement that a person be eligible for the | 110377 |
| homestead exemption or qualify as a low- and moderate-income | 110378 |
| person. | 110379 |
| Sec. 6119.011. As used in | 110380 |
| this chapter: | 110381 |
| (A) "Court of common pleas" or "court" means, unless the | 110382 |
| context indicates a different meaning or intent, the court of | 110383 |
| common pleas in which the petition for the organization of a | 110384 |
| regional water and sewer district is filed. | 110385 |
| (B) "Political subdivision" includes departments, divisions, | 110386 |
| authorities, or other units of state governments, watershed | 110387 |
| districts, soil and water conservation districts, park districts, | 110388 |
| municipal corporations, counties, townships, and other political | 110389 |
| subdivisions, special water districts, including county and | 110390 |
| regional water and sewer districts, conservancy districts, | 110391 |
| sanitary districts, sewer districts or any other public | 110392 |
| corporation or agency having the authority to acquire, construct, | 110393 |
| or operate waste water or water management facilities, and all | 110394 |
| other governmental agencies now or hereafter granted the power of | 110395 |
| levying taxes or special assessments, the United States or any | 110396 |
| agency thereof, and any agency, commission, or authority | 110397 |
| established pursuant to an interstate compact or agreement. | 110398 |
| (C) "Person" means any natural person, firm, partnership, | 110399 |
| association, or corporation other than a political subdivision. | 110400 |
| (D) "Beneficial use" means a use of water, including the | 110401 |
| method of diversion, storage, transportation, treatment, and | 110402 |
| application, that is reasonable and consistent with the public | 110403 |
| interest in the proper utilization of water resources, including, | 110404 |
| but not limited to, domestic, agricultural, industrial, power, | 110405 |
| municipal, navigational, fish and wildlife, and recreational uses. | 110406 |
| (E) "Waters of the state" | 110407 |
| ponds, marshes, watercourses, waterways, wells, springs, | 110408 |
| irrigation systems, drainage systems, and all other bodies or | 110409 |
| accumulations of water, surface and underground, natural or | 110410 |
|
artificial, | 110411 |
| border upon, this state, or are within its jurisdiction, except | 110412 |
|
those
private waters | 110413 |
| junction with natural surface or underground waters. | 110414 |
| (F) "Water resources" means all waters of the state occurring | 110415 |
| on the surface in natural or artificial channels, lakes, | 110416 |
|
reservoirs, or impoundments, and in subsurface aquifers,
| 110417 |
| that are available or may be made available to agricultural, | 110418 |
| commercial, recreational, public, and domestic users. | 110419 |
| (G) "Project" or "water resource project" means any waste | 110420 |
| water facility or water management facility acquired, constructed, | 110421 |
| or operated by or leased to a regional water and sewer district or | 110422 |
| to be acquired, constructed, or operated by or leased to a | 110423 |
|
regional water and sewer district under | 110424 |
| 110425 | |
| acquired or constructed by a political subdivision with a portion | 110426 |
| of the cost thereof being paid from a loan or grant from the | 110427 |
|
district
under | 110428 |
|
including all buildings
and facilities | 110429 |
| considers necessary for the operation of the project, together | 110430 |
|
with all property, rights,
easements, and interest | 110431 |
| be required for the operation of the project. Any water resource | 110432 |
| project shall be determined by the board of trustees of the | 110433 |
| district to be consistent with any applicable comprehensive plan | 110434 |
| of water management approved by the director of natural resources | 110435 |
| 110436 | |
| and to be not inconsistent with the standards set for the waters | 110437 |
|
of the state affected thereby by
the | 110438 |
| 110439 | |
| resolution of the board of trustees of the district providing for | 110440 |
| acquiring, operating, leasing, or constructing such projects or | 110441 |
| for making a loan or grant for such projects shall include a | 110442 |
|
finding by the
board of trustees of the district that | 110443 |
| determinations have been made. | 110444 |
| (H) "Pollution" means the placing of any noxious or | 110445 |
| deleterious substances in any waters of the state or affecting the | 110446 |
|
properties of any waters of the state in a manner | 110447 |
|
renders | 110448 |
|
health, or
to animal or aquatic life, or to the use of | 110449 |
| waters for domestic water supply, industrial or agricultural | 110450 |
| purposes, or recreation. | 110451 |
| (I) "Sewage" means any substance that contains any of the | 110452 |
| waste products or excrementitious or other discharge from the | 110453 |
|
bodies of human beings or animals | 110454 |
| of the state. | 110455 |
| (J) "Industrial waste" means any liquid, gaseous, or solid | 110456 |
| waste substance resulting from any process of industry, | 110457 |
| manufacture, trade, or business, or from the development, | 110458 |
| processing, or recovery of any natural resource, together with | 110459 |
|
such sewage as is present, | 110460 |
| state. | 110461 |
| (K) "Waste water" means any storm water and any water | 110462 |
| containing sewage or industrial waste or other pollutants or | 110463 |
|
contaminants derived from the prior use of | 110464 |
| (L) "Waste water facilities" means facilities for the purpose | 110465 |
| of treating, neutralizing, disposing of, stabilizing, cooling, | 110466 |
| segregating, or holding waste water, including, without limiting | 110467 |
| the generality of the foregoing, facilities for the treatment and | 110468 |
| disposal of sewage or industrial waste and the residue thereof, | 110469 |
| facilities for the temporary or permanent impoundment of waste | 110470 |
| water, both surface and underground, and storm and sanitary sewers | 110471 |
| and other systems, whether on the surface or underground, designed | 110472 |
| to transport waste water, together with the equipment and | 110473 |
| furnishings thereof and their appurtenances and systems, whether | 110474 |
| on the surface or underground, including force mains and pumping | 110475 |
| facilities therefor when necessary. | 110476 |
| (M) "Water management facilities" means facilities for the | 110477 |
| purpose of the development, use, and protection of water | 110478 |
| resources, including, without limiting the generality of the | 110479 |
| foregoing, facilities for water supply, facilities for stream flow | 110480 |
| improvement, dams, reservoirs, and other impoundments, water | 110481 |
| transmission lines, water wells and well fields, pumping stations | 110482 |
| and works for underground water recharge, stream monitoring | 110483 |
| systems, facilities for the stabilization of stream and river | 110484 |
| banks, and facilities for the treatment of streams and rivers, | 110485 |
| including, without limiting the generality of the foregoing, | 110486 |
| facilities for the removal of oil, debris, and other solid waste | 110487 |
| from the waters of the state and stream and river aeration | 110488 |
| facilities. | 110489 |
| (N) "Cost" as applied to water resource projects means the | 110490 |
| cost of acquisition and construction, the cost of acquisition of | 110491 |
| all land, rights-of-way, property rights, easements, franchise | 110492 |
| rights, and interests required by the district for such | 110493 |
| acquisition and construction, the cost of demolishing or removing | 110494 |
| any buildings or structures on land so acquired, including the | 110495 |
| cost of acquiring any lands to which such buildings or structures | 110496 |
| may be moved, the cost of acquiring or constructing and equipping | 110497 |
| a principal office and sub-offices of the district, the cost of | 110498 |
| diverting highways, interchange of highways, and access roads to | 110499 |
| private property, including the cost of land or easements | 110500 |
| therefor, the cost of all machinery, furnishings, and equipment, | 110501 |
| financing charges, interest prior to and during construction and | 110502 |
|
for no more than eighteen months after completion of | 110503 |
| acquisition or construction, engineering, expenses of research and | 110504 |
| development with respect to waste water or water management | 110505 |
| facilities, legal expenses, plans, specifications, surveys, | 110506 |
| estimates of cost and revenues, working capital, other expenses | 110507 |
| necessary or incident to determining the feasibility or | 110508 |
| practicability of acquiring or constructing any such project, | 110509 |
| administrative expense, and such other expense as may be necessary | 110510 |
| or incident to the acquisition or construction of the project, the | 110511 |
|
financing of | 110512 |
| amount authorized in the resolution of the district providing for | 110513 |
| the issuance of water resource revenue bonds to be paid into any | 110514 |
|
special funds from the proceeds of | 110515 |
| financing of the placing of any such project in operation. Any | 110516 |
| obligation or expense incurred by any political subdivision, and | 110517 |
| approved by the district, for surveys, borings, preparation of | 110518 |
| plans and specifications, and other engineering services in | 110519 |
| connection with the acquisition or construction of a project shall | 110520 |
|
be regarded as a part of the cost of | 110521 |
| reimbursed by the district. | 110522 |
| (O) "Owner" includes all individuals, partnerships, | 110523 |
| associations, corporations, or political subdivisions having any | 110524 |
| title or interest in any property rights, easements, and interests | 110525 |
|
authorized to be acquired by | 110526 |
| this chapter. | 110527 |
| (P) "Revenues" means all rentals and other charges received | 110528 |
| by a district for the use or services of any project, all special | 110529 |
|
assessments levied by the district pursuant to
| 110530 |
| 110531 | |
| respect thereto, and moneys received in repayment of and for | 110532 |
| interest on any loan made by the district to a political | 110533 |
| subdivision, whether from the United States or a department, | 110534 |
| administration, or agency thereof, or otherwise. | 110535 |
| (Q) "Public roads" includes all public highways, roads, and | 110536 |
| streets in the state, whether maintained by the state, county, | 110537 |
| city, township, or other political subdivision. | 110538 |
| (R) "Public utility facilities" includes tracks, pipes, | 110539 |
| mains, conduits, cables, wires, towers, poles, and other equipment | 110540 |
| and appliances of any public utility. | 110541 |
| (S) "Construction," unless the context indicates a different | 110542 |
| meaning or intent, includes reconstruction, enlargement, | 110543 |
| improvement, or providing furnishings or equipment. | 110544 |
| (T) "Water resources bonds," unless the context indicates a | 110545 |
| different meaning or intent, includes water resource notes and | 110546 |
| water resource refunding bonds. | 110547 |
| (U) "Regional water and sewer district" means a district | 110548 |
| organized or operating for one or both of the purposes described | 110549 |
| in section 6119.01 of the Revised Code and, if organized or | 110550 |
|
operating for only one of | 110551 |
| either a regional water district or a regional sewer district, as | 110552 |
| the case may be. | 110553 |
| (V) "Homestead exemption" means the reduction of taxes | 110554 |
| allowed under division (A) of section 323.152 of the Revised Code. | 110555 |
| (W) "Low- and moderate-income person" has the same meaning as | 110556 |
| in section 175.01 of the Revised Code. | 110557 |
| Sec. 6119.091. When fixing rentals or other charges under | 110558 |
| section 6119.09 of the Revised Code, a board of trustees of a | 110559 |
| regional water and sewer district may establish discounted rentals | 110560 |
| or charges or may establish another mechanism for providing a | 110561 |
| reduction in rentals or charges for persons who are sixty-five | 110562 |
| years of age or older. The board shall establish eligibility | 110563 |
| requirements for such discounted or reduced rentals or charges, | 110564 |
| including a requirement that a person be eligible for the | 110565 |
| homestead exemption or qualify as a low- and moderate-income | 110566 |
| person. | 110567 |
| Section 101.02. That existing sections 9.06, 9.314, 107.21, | 110568 |
| 109.572, 109.73, 109.742, 109.744, 109.751, 109.761, 109.77, | 110569 |
| 109.802, 109.803, 118.05, 120.04, 120.08, 120.52, 120.53, | 110570 |
| 121.04, 121.07, 121.08, 121.083, 121.084, 121.13, 121.31, | 110571 |
| 121.37, 121.40, 121.401, 121.402, 122.05, 122.051, 122.075, | 110572 |
| 122.151, 122.17, 122.171, 122.40, 122.603, 122.71, 122.751, | 110573 |
| 122.76, 122.89, 123.01, 123.152, 124.03, 124.04, 124.07, 124.11, | 110574 |
| 124.134, 124.14, 124.15, 124.152, 124.18, 124.181, 124.183, | 110575 |
| 124.22, 124.23, 124.27, 124.321, 124.324, 124.325, 124.34, | 110576 |
| 124.381, 124.382, 124.385, 124.386, 124.392, 124.81, 125.081, | 110577 |
| 125.22, 125.831, 126.05, 126.21, 126.35, 127.16, 131.33, 133.06, | 110578 |
| 135.03, 135.06, 135.08, 135.32, 141.04, 145.012, 145.298, 148.02, | 110579 |
| 148.04, 149.43, 150.01, 150.02, 150.03, 150.04, 150.05, 150.07, | 110580 |
| 152.09, 152.10, 152.12, 152.15, 152.33, 156.01, 156.02, 156.03, | 110581 |
| 156.04, 166.07, 169.08, 173.08, 173.35, 173.392, 173.40, | 110582 |
| 173.401, 173.42, 173.43, 173.50, 173.99, 174.02, 174.03, | 110583 |
| 174.06, 176.05, 307.626, 307.629, 307.79, 311.17, 319.301, | 110584 |
| 319.302, 319.54, 321.24, 323.156, 323.78, 329.03, 329.042, | 110585 |
| 329.06, 340.033, 343.01, 504.21, 718.04, 721.15, 901.20, 901.32, | 110586 |
| 901.43, 903.082, 903.11, 903.25, 905.32, 905.33, 905.331, | 110587 |
| 905.36, 905.50, 905.51, 905.52, 905.56, 907.13, 907.14, 907.30, | 110588 |
| 907.31, 915.24, 918.08, 918.28, 921.02, 921.06, 921.09, 921.11, | 110589 |
| 921.13, 921.16, 921.22, 921.27, 921.29, 923.44, 923.46, 927.51, | 110590 |
| 927.52, 927.53, 927.56, 927.69, 927.70, 927.701, 927.71, | 110591 |
| 942.01, 942.02, 942.06, 942.13, 943.01, 943.02, 943.04, | 110592 |
| 943.05, 943.06, 943.07, 943.13, 943.14, 943.16, 953.21, 953.22, | 110593 |
| 953.23, 955.201, 1321.20, 1321.51, 1321.52, 1321.53, 1321.54, | 110594 |
| 1321.55, 1321.551, 1321.57, 1321.59, 1321.60, 1321.99, 1322.01, | 110595 |
| 1322.02, 1322.03, 1322.031, 1322.04, 1322.041, 1322.05, | 110596 |
| 1322.051, 1322.052, 1322.06, 1322.061, 1322.062, 1322.063, | 110597 |
| 1322.064, 1322.07, 1322.071, 1322.072, 1322.074, 1322.075, | 110598 |
| 1322.08, 1322.081, 1322.09, 1322.10, 1322.11, 1327.46, 1327.50, | 110599 |
| 1327.51, 1327.511, 1327.52, 1327.54, 1327.57, 1327.58, | 110600 |
| 1327.60, 1327.62, 1327.70, 1327.99, 1332.24, 1332.25, 1343.011, | 110601 |
| 1345.01, 1345.05, 1345.09, 1347.08, 1349.31, 1349.43, 1501.01, | 110602 |
| 1501.05, 1501.07, 1501.30, 1502.12, 1506.01, 1507.01, 1511.01, | 110603 |
| 1511.02, 1511.021, 1511.022, 1511.03, 1511.04, 1511.05, 1511.06, | 110604 |
| 1511.07, 1511.071, 1511.08, 1514.08, 1514.13, 1515.08, 1515.14, | 110605 |
| 1515.183, 1517.02, 1517.10, 1517.11, 1517.14, 1517.16, | 110606 |
| 1517.17, 1517.18, 1519.03, 1520.02, 1520.03, 1521.03, 1521.031, | 110607 |
| 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.063, | 110608 |
| 1521.064, 1521.07, 1521.10, 1521.11, 1521.12, 1521.13, 1521.14, | 110609 |
| 1521.15, 1521.16, 1521.18, 1521.19, 1523.01, 1523.02, 1523.03, | 110610 |
| 1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, 1523.10, | 110611 |
| 1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, 1523.17, | 110612 |
| 1523.18, 1523.19, 1523.20, 1531.01, 1533.10, 1541.03, 1547.01, | 110613 |
| 1547.51, 1547.52, 1547.531, 1547.54, 1547.542, 1547.73, | 110614 |
| 1547.99, 1548.10, 1707.17, 1707.18, 1707.37, 1710.01, 1710.02, | 110615 |
| 1710.03, 1710.04, 1710.06, 1710.10, 1710.13, 1724.04, 1739.05, | 110616 |
| 1751.03, 1751.04, 1751.05, 1751.14, 1751.15, 1751.16, 1751.19, | 110617 |
| 1751.32, 1751.321, 1751.34, 1751.35, 1751.36, 1751.45, | 110618 |
| 1751.46, 1751.48, 1751.831, 1751.84, 1751.85, 1753.09, 1901.26, | 110619 |
| 1901.31, 1907.24, 2101.01, 2151.011, 2301.02, 2301.03, 2303.201, | 110620 |
| 2317.422, 2503.17, 2903.13, 2903.21, 2903.211, 2903.22, 2903.33, | 110621 |
| 2911.21, 2913.46, 2921.13, 2937.22, 2949.091, 2949.111, 2949.17, | 110622 |
| 2981.13, 3105.87, 3119.01, 3121.037, 3121.0311, 3121.19, | 110623 |
| 3121.20, 3121.898, 3123.952, 3125.25, 3301.07, 3301.073, | 110624 |
| 3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0715, | 110625 |
| 3301.0716, 3301.12, 3301.16, 3301.42, 3301.55, 3301.68, 3302.01, | 110626 |
| 3302.02, 3302.021, 3302.03, 3302.031, 3302.05, 3302.07, | 110627 |
| 3304.231, 3307.31, 3307.64, 3309.41, 3309.48, 3309.51, 3310.03, | 110628 |
| 3310.08, 3310.09, 3310.11, 3310.14, 3310.41, 3311.06, 3311.19, | 110629 |
| 3311.21, 3311.29, 3311.52, 3311.76, 3313.174, 3313.41, | 110630 |
| 3313.48, 3313.481, 3313.482, 3313.483, 3313.53, 3313.532, | 110631 |
| 3313.533, 3313.536, 3313.55, 3313.60, 3313.603, 3313.605, | 110632 |
| 3313.607, 3313.608, 3313.61, 3313.611, 3313.612, 3313.614, | 110633 |
| 3313.615, 3313.62, 3313.64, 3313.642, 3313.6410, 3313.65, | 110634 |
| 3313.671, 3313.673, 3313.68, 3313.713, 3313.843, 3313.976, | 110635 |
| 3313.978, 3313.98, 3313.981, 3314.012, 3314.015, 3314.016, | 110636 |
| 3314.02, 3314.021, 3314.024, 3314.03, 3314.051, 3314.08, | 110637 |
| 3314.083, 3314.084, 3314.087, 3314.091, 3314.10, 3314.19, | 110638 |
| 3314.21, 3314.25, 3314.26, 3314.35, 3314.36, 3315.17, 3315.37, | 110639 |
| 3316.041, 3316.06, 3316.20, 3317.01, 3317.011, 3317.02, | 110640 |
| 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, | 110641 |
| 3317.0211, 3317.0216, 3317.03, 3317.031, 3317.04, 3317.05, | 110642 |
| 3317.051, 3317.053, 3317.061, 3317.063, 3317.08, 3317.081, | 110643 |
| 3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 3317.201, | 110644 |
| 3318.011, 3318.051, 3318.061, 3318.08, 3318.36, 3318.38, | 110645 |
| 3318.44, 3319.073, 3319.08, 3319.081, 3319.088, 3319.11, | 110646 |
| 3319.151, 3319.16, 3319.17, 3319.172, 3319.22, 3319.221, | 110647 |
| 3319.233, 3319.234, 3319.235, 3319.24, 3319.25, 3319.26, | 110648 |
| 3319.261, 3319.28, 3319.291, 3319.303, 3319.36, 3319.41, | 110649 |
| 3319.51, 3319.56, 3319.57, 3319.60, 3319.61, 3319.63, 3321.01, | 110650 |
| 3321.05, 3323.05, 3323.091, 3323.14, 3323.142, 3324.05, | 110651 |
| 3325.08, 3326.11, 3326.14, 3326.21, 3326.23, 3326.31, 3326.32, | 110652 |
| 3326.33, 3326.34, 3326.36, 3326.37, 3326.38, 3326.51, 3327.02, | 110653 |
| 3327.04, 3327.05, 3329.16, 3333.04, 3333.122, 3333.123, 3333.16, | 110654 |
| 3333.28, 3333.35, 3333.38, 3333.61, 3333.62, 3333.66, 3333.73, | 110655 |
| 3333.83, 3334.01, 3334.02, 3334.03, 3334.04, 3334.06, 3334.07, | 110656 |
| 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.16, 3334.17, | 110657 |
| 3334.18, 3334.19, 3334.20, 3334.21, 3345.011, 3345.12, 3345.32, | 110658 |
| 3345.61, 3345.62, 3345.63, 3345.64, 3345.65, 3345.66, 3349.242, | 110659 |
| 3365.01, 3365.04, 3365.041, 3365.07, 3365.08, 3365.09, 3365.10, | 110660 |
| 3501.17, 3701.024, 3701.045, 3701.07, 3701.344, 3701.71, | 110661 |
| 3701.72, 3701.78, 3701.84, 3702.51, 3702.52, 3702.524, 3702.525, | 110662 |
| 3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.57, | 110663 |
| 3702.59, 3702.60, 3702.61, 3702.87, 3702.89, 3702.90, 3702.91, | 110664 |
| 3702.92, 3702.93, 3702.94, 3703.01, 3703.03, 3703.04, 3703.05, | 110665 |
| 3703.06, 3703.07, 3703.08, 3703.10, 3703.21, 3703.99, 3704.14, | 110666 |
| 3704.144, 3705.24, 3706.04, 3706.25, 3709.09, 3710.01, 3710.04, | 110667 |
| 3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 3710.12, 3710.13, | 110668 |
| 3712.01, 3712.03, 3713.01, 3713.02, 3713.03, 3713.04, 3713.05, | 110669 |
| 3713.06, 3713.07, 3713.08, 3713.09, 3713.10, 3714.07, 3714.073, | 110670 |
| 3717.07, 3717.23, 3717.25, 3717.43, 3717.45, 3718.03, 3718.06, | 110671 |
| 3721.01, 3721.02, 3721.071, 3721.23, 3721.50, 3721.51, 3721.53, | 110672 |
| 3721.55, 3721.56, 3722.01, 3722.011, 3722.02, 3722.021, | 110673 |
| 3722.04, 3722.041, 3722.05, 3722.06, 3722.08, 3722.09, 3722.10, | 110674 |
| 3722.13, 3722.14, 3722.15, 3722.16, 3722.17, 3722.18, 3722.99, | 110675 |
| 3727.02, 3727.04, 3727.05, 3729.07, 3733.02, 3733.04, 3733.25, | 110676 |
| 3733.43, 3734.05, 3734.28, 3734.281, 3734.53, 3734.57, 3734.573, | 110677 |
| 3734.82, 3734.901, 3734.9010, 3737.71, 3743.04, 3743.25, | 110678 |
| 3745.015, 3745.11, 3748.01, 3748.04, 3748.07, 3748.12, 3748.13, | 110679 |
| 3749.04, 3770.05, 3773.35, 3773.36, 3773.43, 3773.45, 3773.53, | 110680 |
| 3781.03, 3781.10, 3781.102, 3781.11, 3781.12, 3781.19, 3783.05, | 110681 |
| 3791.02, 3791.04, 3791.05, 3791.07, 3793.02, 3793.04, 3901.38, | 110682 |
| 3901.383, 3901.3812, 3901.3814, 3923.021, 3923.022, 3923.122, | 110683 |
| 3923.24, 3923.57, 3923.58, 3923.581, 3923.66, 3923.67, 3923.68, | 110684 |
| 3923.75, 3923.76, 3923.77, 3924.01, 3924.06, 3924.09, 3924.10, | 110685 |
| 3929.43, 3929.67, 3953.23, 3953.231, 4104.01, 4104.02, | 110686 |
| 4104.06, 4104.07, 4104.08, 4104.09, 4104.10, 4104.101, 4104.12, | 110687 |
| 4104.15, 4104.16, 4104.17, 4104.18, 4104.19, 4104.21, 4104.33, | 110688 |
| 4104.42, 4104.43, 4104.44, 4104.48, 4105.01, 4105.02, 4105.03, | 110689 |
| 4105.04, 4105.05, 4105.06, 4105.09, 4105.11, 4105.12, 4105.13, | 110690 |
| 4105.15, 4105.16, 4105.17, 4105.191, 4105.20, 4105.21, 4112.01, | 110691 |
| 4112.04, 4112.05, 4112.051, 4112.052, 4117.01, 4117.02, | 110692 |
| 4117.07, 4117.12, 4117.24, 4121.125, 4123.442, 4141.08, 4141.11, | 110693 |
| 4141.162, 4169.02, 4169.03, 4169.04, 4171.04, 4301.333, | 110694 |
| 4301.334, 4301.351, 4301.354, 4301.355, 4301.356, 4301.361, | 110695 |
| 4301.364, 4301.365, 4301.366, 4301.43, 4303.182, 4303.331, | 110696 |
| 4501.06, 4501.24, 4503.068, 4503.10, 4503.103, 4503.19, | 110697 |
| 4503.191, 4503.235, 4503.40, 4503.42, 4503.44, 4505.01, 4505.06, | 110698 |
| 4505.062, 4505.09, 4505.111, 4505.181, 4505.20, 4507.03, 4507.24, | 110699 |
| 4507.45, 4509.101, 4510.22, 4511.191, 4511.81, 4513.021, | 110700 |
| 4513.03, 4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, | 110701 |
| 4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16, | 110702 |
| 4513.17, 4513.171, 4513.18, 4513.19, 4513.21, 4513.22, 4513.23, | 110703 |
| 4513.24, 4513.242, 4513.28, 4513.60, 4513.65, 4513.99, 4517.01, | 110704 |
| 4517.02, 4517.03, 4517.30, 4517.33, 4517.43, 4519.02, 4519.03, | 110705 |
| 4519.04, 4519.44, 4519.59, 4549.10, 4549.12, 4705.09, 4705.10, | 110706 |
| 4709.12, 4713.28, 4713.32, 4713.63, 4713.64, 4731.10, 4731.26, | 110707 |
| 4731.38, 4733.10, 4734.25, 4735.06, 4735.09, 4735.12, 4735.13, | 110708 |
| 4735.15, 4740.03, 4740.11, 4740.14, 4741.41, 4741.44, 4741.45, | 110709 |
| 4741.46, 4755.06, 4755.12, 4757.10, 4757.31, 4757.36, | 110710 |
| 4763.01, 4763.03, 4763.04, 4763.05, 4763.07, 4763.09, | 110711 |
| 4763.11, 4763.13, 4763.14, 4763.17, 4766.09, 4767.05, | 110712 |
| 4767.07, 4767.08, 4781.01, 4781.02, 4781.04, 4781.05, 4781.06, | 110713 |
| 4781.07, 4905.06, 4919.79, 4923.12, 4923.20, 4928.01, 5101.11, | 110714 |
| 5101.16, 5101.162, 5101.26, 5101.33, 5101.34, 5101.47, 5101.50, | 110715 |
| 5101.5110, 5101.5212, 5101.54, 5101.541, 5101.544, 5101.571, | 110716 |
| 5101.573, 5101.60, 5101.61, 5101.83, 5101.84, 5104.01, | 110717 |
| 5104.041, 5104.051, 5104.30, 5104.32, 5104.341, 5104.35, | 110718 |
| 5104.38, 5104.39, 5104.42, 5107.05, 5107.16, 5107.17, 5107.58, | 110719 |
| 5111.01, 5111.015, 5111.019, 5111.028, 5111.032, 5111.033, | 110720 |
| 5111.034, 5111.06, 5111.176, 5111.222, 5111.231, 5111.232, | 110721 |
| 5111.24, 5111.25, 5111.261, 5111.65, 5111.651, 5111.688, | 110722 |
| 5111.705, 5111.85, 5111.851, 5111.874, 5111.875, 5111.89, | 110723 |
| 5111.891, 5111.894, 5111.971, 5112.30, 5112.31, 5112.37, 5112.371, | 110724 |
| 5115.03, 5119.16, 5119.61, 5120.032, 5120.033, 5120.09, | 110725 |
| 5120.135, 5122.31, 5123.049, 5123.0412, 5123.0413, 5126.044, | 110726 |
| 5126.05, 5126.054, 5126.055, 5126.0512, 5126.19, 5126.24, | 110727 |
| 5139.43, 5501.04, 5502.01, 5502.12, 5502.14, 5502.15, 5505.15, | 110728 |
| 5701.11, 5703.05, 5703.37, 5703.80, 5705.214, 5705.29, | 110729 |
| 5705.341, 5705.37, 5709.62, 5709.63, 5709.632, 5711.33, 5715.02, | 110730 |
| 5715.251, 5715.26, 5717.03, 5717.04, 5725.18, 5725.98, | 110731 |
| 5727.84, 5728.12, 5729.03, 5729.98, 5733.01, 5733.04, 5733.98, | 110732 |
| 5735.142, 5739.01, 5739.02, 5739.03, 5739.033, 5739.09, | 110733 |
| 5739.131, 5743.15, 5743.61, 5747.01, 5747.113, 5747.13, 5747.16, | 110734 |
| 5747.98, 5748.02, 5748.03, 5749.02, 5749.12, 5751.01, 5751.011, | 110735 |
| 5751.012, 5751.013, 5751.03, 5751.04, 5751.05, 5751.051, | 110736 |
| 5751.06, 5751.08, 5751.09, 5751.20, 5751.21, 5911.10, 5913.051, | 110737 |
| 5913.09, 6103.01, 6103.02, 6109.21, 6111.044, 6117.01, 6117.02, | 110738 |
| and 6119.011 of the Revised Code are hereby repealed. | 110739 |
| That existing Section 269.60.60 of Am. Sub. H.B. 119 of the | 110740 |
| 127th General Assembly is hereby repealed. | 110741 |
| That existing Section 6 of H.B. 364 of the 124th General | 110742 |
| Assembly is hereby repealed. | 110743 |
| Section 105.01. That sections 173.71, 173.72, 173.721, | 110744 |
| 173.722, 173.723, 173.724, 173.73, 173.731, 173.732, 173.74, | 110745 |
| 173.741, 173.742, 173.75, 173.751, 173.752, 173.753, 173.76, | 110746 |
| 173.77, 173.771, 173.772, 173.773, 173.78, 173.79, 173.791, | 110747 |
| 173.80, 173.801, 173.802, 173.803, 173.81, 173.811, 173.812, | 110748 |
| 173.813, 173.814, 173.815, 173.82, 173.83, 173.831, 173.832, | 110749 |
| 173.833, 173.84, 173.85, 173.86, 173.861, 173.87, 173.871, | 110750 |
| 173.872, 173.873, 173.874, 173.875, 173.876, 173.88, 173.89, | 110751 |
| 173.891, 173.892, 173.90, 173.91, 905.38, 905.381, 905.66, | 110752 |
| 907.16, 927.74, 1504.01, 1504.02, 1504.03, 1504.04, 1517.15, | 110753 |
| 1521.02, 1711.58, 3301.0712, 3301.0718, 3301.43, 3302.032, | 110754 |
| 3314.026, 3314.085, 3314.13, 3317.10, 3319.0810, 3319.222, | 110755 |
| 3319.23, 3319.302, 3319.304, 3333.27, 3701.73, 3701.77, 3701.771, | 110756 |
| 3701.772, 3702.511, 3702.523, 3702.527, 3702.528, 3702.529, | 110757 |
| 3702.542, 3704.143, 3724.01, 3724.02, 3724.021, 3724.03, 3724.04, | 110758 |
| 3724.05, 3724.06, 3724.07, 3724.08, 3724.09, 3724.10, 3724.11, | 110759 |
| 3724.12, 3724.13, 3724.99, 4517.052, 4517.27, 4735.22, 4735.23, | 110760 |
| 5101.072, 5111.083, 5111.178.5145.32, and 5923.141 of the | 110761 |
| Revised Code are hereby repealed. | 110762 |
| Section 105.10. Sections 1751.53 and 3923.38 of the Revised | 110763 |
| Code as they result from Section 120.10 of H.B. 2 of the 128th | 110764 |
| General Assembly are hereby repealed. This repeal enables the | 110765 |
| continued existence of those sections as they result from Section | 110766 |
| 101.01 of H.B. 2 of the 128th General Assembly. | 110767 |
| Section 110.10. That the version of section 2949.111 of the | 110768 |
| Revised Code that is scheduled to take effect January 1, 2010, be | 110769 |
| amended to read as follows: | 110770 |
| Sec. 2949.111. (A) As used in this section: | 110771 |
| (1) "Court costs" means any assessment that the court | 110772 |
| requires an offender to pay to defray the costs of operating the | 110773 |
| court. | 110774 |
| (2) "State fines or costs" means any costs imposed or | 110775 |
| forfeited bail collected by the court under section 2743.70 of the | 110776 |
| Revised Code for deposit into the reparations fund or under | 110777 |
|
section 2949.091 of the Revised Code for deposit into the
| 110778 |
| 110779 | |
| 120.08 of the Revised Code and all fines, penalties, and forfeited | 110780 |
| bail collected by the court and paid to a law library association | 110781 |
| under section 307.515 of the Revised Code. | 110782 |
| (3) "Reimbursement" means any reimbursement for the costs of | 110783 |
| confinement that the court orders an offender to pay pursuant to | 110784 |
| section 2929.28 of the Revised Code, any supervision fee, any fee | 110785 |
| for the costs of house arrest with electronic monitoring that an | 110786 |
| offender agrees to pay, any reimbursement for the costs of an | 110787 |
| investigation or prosecution that the court orders an offender to | 110788 |
| pay pursuant to section 2929.71 of the Revised Code, or any other | 110789 |
| costs that the court orders an offender to pay. | 110790 |
| (4) "Supervision fees" means any fees that a court, pursuant | 110791 |
| to sections 2929.18, 2929.28, and 2951.021 of the Revised Code, | 110792 |
| requires an offender who is under a community control sanction to | 110793 |
| pay for supervision services. | 110794 |
| (5) "Community control sanction" has the same meaning as in | 110795 |
| section 2929.01 of the Revised Code. | 110796 |
| (B) Unless the court, in accordance with division (C) of this | 110797 |
| section, enters in the record of the case a different method of | 110798 |
| assigning payments, if a person who is charged with a misdemeanor | 110799 |
| is convicted of or pleads guilty to the offense, if the court | 110800 |
| orders the offender to pay any combination of court costs, state | 110801 |
| fines or costs, restitution, a conventional fine, or any | 110802 |
| reimbursement, and if the offender makes any payment of any of | 110803 |
| them to a clerk of court, the clerk shall assign the offender's | 110804 |
| payment in the following manner: | 110805 |
| (1) If the court ordered the offender to pay any court costs, | 110806 |
| the offender's payment shall be assigned toward the satisfaction | 110807 |
| of those court costs until they have been entirely paid. | 110808 |
| (2) If the court ordered the offender to pay any state fines | 110809 |
| or costs and if all of the court costs that the court ordered the | 110810 |
| offender to pay have been paid, the remainder of the offender's | 110811 |
| payment shall be assigned on a pro rata basis toward the | 110812 |
| satisfaction of the state fines or costs until they have been | 110813 |
| entirely paid. | 110814 |
| (3) If the court ordered the offender to pay any restitution | 110815 |
| and if all of the court costs and state fines or costs that the | 110816 |
| court ordered the offender to pay have been paid, the remainder of | 110817 |
| the offender's payment shall be assigned toward the satisfaction | 110818 |
| of the restitution until it has been entirely paid. | 110819 |
| (4) If the court ordered the offender to pay any fine and if | 110820 |
| all of the court costs, state fines or costs, and restitution that | 110821 |
| the court ordered the offender to pay have been paid, the | 110822 |
| remainder of the offender's payment shall be assigned toward the | 110823 |
| satisfaction of the fine until it has been entirely paid. | 110824 |
| (5) If the court ordered the offender to pay any | 110825 |
| reimbursement and if all of the court costs, state fines or costs, | 110826 |
| restitution, and fines that the court ordered the offender to pay | 110827 |
| have been paid, the remainder of the offender's payment shall be | 110828 |
| assigned toward the satisfaction of the reimbursements until they | 110829 |
| have been entirely paid. | 110830 |
| (C) If a person who is charged with a misdemeanor is | 110831 |
| convicted of or pleads guilty to the offense and if the court | 110832 |
| orders the offender to pay any combination of court costs, state | 110833 |
| fines or costs, restitution, fines, or reimbursements, the court, | 110834 |
| at the time it orders the offender to make those payments, may | 110835 |
| prescribe an order of payments that differs from the order set | 110836 |
| forth in division (B) of this section by entering in the record of | 110837 |
| the case the order so prescribed. If a different order is entered | 110838 |
| in the record, on receipt of any payment, the clerk of the court | 110839 |
| shall assign the payment in the manner prescribed by the court. | 110840 |
| Section 110.11. That the existing version of section 2949.111 | 110841 |
| of the Revised Code that is scheduled to take effect January 1, | 110842 |
| 2010, is hereby repealed. | 110843 |
| Section 110.12. Sections 110.10 and 110.11 of this act take | 110844 |
| effect January 1, 2010. | 110845 |
| Section 110.20. That the version of section 5739.033 of the | 110846 |
| Revised Code that is scheduled to take effect January 1, 2010, be | 110847 |
| amended to read as follows: | 110848 |
| Sec. 5739.033. (A) The amount of tax due pursuant to | 110849 |
| sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised | 110850 |
| Code is the sum of the taxes imposed pursuant to those sections | 110851 |
| at the sourcing location of the sale as determined under this | 110852 |
| section or, if applicable, under division (C) of section 5739.031 | 110853 |
| or section 5739.034 of the Revised Code. This section applies | 110854 |
| only to a vendor's or seller's obligation to collect and remit | 110855 |
| sales taxes under section 5739.02, 5739.021, 5739.023, or | 110856 |
| 5739.026 of the Revised Code or use taxes under section 5741.02, | 110857 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code. Division (A) | 110858 |
| of this section does not apply in determining the jurisdiction | 110859 |
| for which sellers are required to collect the use tax under | 110860 |
| section 5741.05 of the Revised Code. This section does not affect | 110861 |
| the obligation of a consumer to remit use taxes on the storage, | 110862 |
| use, or other consumption of tangible personal property or on the | 110863 |
| benefit realized of any service provided, to the jurisdiction of | 110864 |
| that storage, use, or consumption, or benefit realized. | 110865 |
| (B)(1) Beginning January 1, 2010, retail sales, excluding | 110866 |
| the lease or rental, of tangible personal property or digital | 110867 |
| goods shall be sourced to the location where the vendor receives | 110868 |
| an order for the sale of such property or goods if: | 110869 |
| (a) The vendor receives the order in this state and the | 110870 |
| consumer receives the property or goods in this state; | 110871 |
| (b) The location where the consumer receives the property or | 110872 |
| goods is determined under division (C)(2), (3), or (4) of this | 110873 |
| section; and | 110874 |
| (c) The record-keeping system used by the vendor to calculate | 110875 |
| the tax imposed captures the location where the order is received | 110876 |
| at the time the order is received. | 110877 |
| (2) A consumer has no additional liability to this state | 110878 |
| under this chapter or Chapter 5741. of the Revised Code for tax, | 110879 |
| penalty, or interest on a sale for which the consumer remits tax | 110880 |
| to the vendor in the amount invoiced by the vendor if the invoice | 110881 |
| amount is calculated at either the rate applicable to the | 110882 |
| location where the consumer receives the property or digital good | 110883 |
| or at the rate applicable to the location where the order is | 110884 |
| received by the vendor. A consumer may rely on a written | 110885 |
| representation by the vendor as to the location where the order | 110886 |
| for the sale was received by the vendor. If the consumer does not | 110887 |
| have a written representation by the vendor as to the location | 110888 |
| where the order was received by the vendor, the consumer may use a | 110889 |
| location indicated by a business address for the vendor that is | 110890 |
| available from records that are maintained in the ordinary course | 110891 |
| of the consumer's business to determine the rate applicable to the | 110892 |
| location where the order was received. | 110893 |
| (3) For the purposes of division (B) of this section, the | 110894 |
| location where an order is received by or on behalf of a vendor | 110895 |
| means the physical location of the vendor or a third party such as | 110896 |
| an established outlet, office location, or automated order receipt | 110897 |
| system operated by or on behalf of the vendor, where an order is | 110898 |
| initially received by or on behalf of the vendor, and not where | 110899 |
| the order may be subsequently accepted, completed, or fulfilled. | 110900 |
| An order is received when all necessary information to determine | 110901 |
| whether the order can be accepted has been received by or on | 110902 |
| behalf of the vendor. The location from which the property or | 110903 |
| digital good is shipped shall not be used to determine the | 110904 |
| location where the order is received by the vendor. | 110905 |
| (4) For the purposes of division (B) of this section, if | 110906 |
| services subject to taxation under this chapter or Chapter 5741. | 110907 |
| of the Revised Code are sold with tangible personal property or | 110908 |
| digital goods pursuant to a single contract or in the same | 110909 |
| transaction, the services are billed on the same billing statement | 110910 |
| or invoice, and, because of the application of division (B) of | 110911 |
| this section, the transaction would be sourced to more than one | 110912 |
| jurisdiction, the situs of the transaction shall be the location | 110913 |
| where the order is received by or on behalf of the vendor. | 110914 |
| (C) Except for sales, other than leases, of titled motor | 110915 |
| vehicles, titled watercraft, or titled outboard motors as provided | 110916 |
| in section 5741.05 of the Revised Code, or as otherwise provided | 110917 |
| in this section and section 5739.034 of the Revised Code, all | 110918 |
| sales shall be sourced as follows: | 110919 |
| (1) If the consumer or a donee designated by the consumer | 110920 |
| receives tangible personal property or a service at a vendor's | 110921 |
| place of business, the sale shall be sourced to that place of | 110922 |
| business. | 110923 |
| (2) When the tangible personal property or service is not | 110924 |
| received at a vendor's place of business, the sale shall be | 110925 |
| sourced to the location known to the vendor where the consumer or | 110926 |
| the donee designated by the consumer receives the tangible | 110927 |
| personal property or service, including the location indicated by | 110928 |
| instructions for delivery to the consumer or the consumer's donee. | 110929 |
| (3) If divisions (C)(1) and (2) of this section do not apply, | 110930 |
| the sale shall be sourced to the location indicated by an address | 110931 |
| for the consumer that is available from the vendor's business | 110932 |
| records that are maintained in the ordinary course of the | 110933 |
| vendor's business, when use of that address does not constitute | 110934 |
| bad faith. | 110935 |
| (4) If divisions (C)(1), (2), and (3) of this section do not | 110936 |
| apply, the sale shall be sourced to the location indicated by an | 110937 |
| address for the consumer obtained during the consummation of the | 110938 |
| sale, including the address associated with the consumer's payment | 110939 |
| instrument, if no other address is available, when use of that | 110940 |
| address does not constitute bad faith. | 110941 |
| (5) If divisions (C)(1), (2), (3), and (4) of this section do | 110942 |
| not apply, including in the circumstance where the vendor is | 110943 |
| without sufficient information to apply any of those divisions, | 110944 |
| the sale shall be sourced to the address from which tangible | 110945 |
| personal property was shipped, or from which the service was | 110946 |
| provided, disregarding any location that merely provided the | 110947 |
| electronic transfer of the property sold or service provided. | 110948 |
| (6) As used in division (C) of this section, "receive" means | 110949 |
| taking possession of tangible personal property or making first | 110950 |
| use of a service. "Receive" does not include possession by a | 110951 |
| shipping company on behalf of a consumer. | 110952 |
| (D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this | 110953 |
| section, a business consumer that is not a holder of a direct | 110954 |
| payment permit granted under section 5739.031 of the Revised Code, | 110955 |
| that purchases a digital good, computer software, except computer | 110956 |
| software received in person by a business consumer at a vendor's | 110957 |
| place of business, or a service, and that knows at the time of | 110958 |
| purchase that such digital good, software, or service will be | 110959 |
| concurrently available for use in more than one taxing | 110960 |
| jurisdiction shall deliver to the vendor in conjunction with its | 110961 |
| purchase an exemption certificate claiming multiple points of use, | 110962 |
| or shall meet the requirements of division (D)(2) of this section. | 110963 |
| On receipt of the exemption certificate claiming multiple points | 110964 |
| of use, the vendor is relieved of its obligation to collect, pay, | 110965 |
| or remit the tax due, and the business consumer must pay the tax | 110966 |
| directly to the state. | 110967 |
| (b) A business consumer that delivers the exemption | 110968 |
| certificate claiming multiple points of use to a vendor may use | 110969 |
| any reasonable, consistent, and uniform method of apportioning the | 110970 |
| tax due on the digital good, computer software, or service that is | 110971 |
| supported by the consumer's business records as they existed at | 110972 |
| the time of the sale. The business consumer shall report and pay | 110973 |
| the appropriate tax to each jurisdiction where concurrent use | 110974 |
| occurs. The tax due shall be calculated as if the apportioned | 110975 |
| amount of the digital good, computer software, or service had been | 110976 |
| delivered to each jurisdiction to which the sale is apportioned | 110977 |
| under this division. | 110978 |
| (c) The exemption certificate claiming multiple points of use | 110979 |
| shall remain in effect for all future sales by the vendor to the | 110980 |
| business consumer until it is revoked in writing by the business | 110981 |
| consumer, except as to the business consumer's specific | 110982 |
| apportionment of a subsequent sale under division (D)(1)(b) of | 110983 |
| this section and the facts existing at the time of the sale. | 110984 |
| (2) When the vendor knows that a digital good, computer | 110985 |
| software, or service sold will be concurrently available for use | 110986 |
| by the business consumer in more than one jurisdiction, but the | 110987 |
| business consumer does not provide an exemption certificate | 110988 |
| claiming multiple points of use as required by division (D)(1) of | 110989 |
| this section, the vendor may work with the business consumer to | 110990 |
| produce the correct apportionment. Governed by the principles of | 110991 |
| division (D)(1)(b) of this section, the vendor and business | 110992 |
| consumer may use any reasonable, but consistent and uniform, | 110993 |
| method of apportionment that is supported by the vendor's and | 110994 |
| business consumer's books and records as they exist at the time | 110995 |
| the sale is reported for purposes of the taxes levied under this | 110996 |
| chapter. If the business consumer certifies to the accuracy of the | 110997 |
| apportionment and the vendor accepts the certification, the vendor | 110998 |
| shall collect and remit the tax accordingly. In the absence of bad | 110999 |
| faith, the vendor is relieved of any further obligation to collect | 111000 |
| tax on any transaction where the vendor has collected tax pursuant | 111001 |
| to the information certified by the business consumer. | 111002 |
| (3) When the vendor knows that the digital good, computer | 111003 |
| software, or service will be concurrently available for use in | 111004 |
| more than one jurisdiction, and the business consumer does not | 111005 |
| have a direct pay permit and does not provide to the vendor an | 111006 |
| exemption certificate claiming multiple points of use as required | 111007 |
| in division (D)(1) of this section, or certification pursuant to | 111008 |
| division (D)(2) of this section, the vendor shall collect and | 111009 |
| remit the tax based on division (C) of this section. | 111010 |
| (4) Nothing in this section shall limit a person's obligation | 111011 |
| for sales or use tax to any state in which a digital good, | 111012 |
| computer software, or service is concurrently available for use, | 111013 |
| nor limit a person's ability under local, state, or federal law, | 111014 |
| to claim a credit for sales or use taxes legally due and paid to | 111015 |
| other jurisdictions. | 111016 |
| (E) A person who holds a direct payment permit issued under | 111017 |
| section 5739.031 of the Revised Code is not required to deliver an | 111018 |
| exemption certificate claiming multiple points of use to a vendor. | 111019 |
| But such permit holder shall comply with division (D)(2) of this | 111020 |
| section in apportioning the tax due on a digital good, computer | 111021 |
| software, or a service for use in business that will be | 111022 |
| concurrently available for use in more than one taxing | 111023 |
| jurisdiction. | 111024 |
| (F)(1) Notwithstanding divisions (C)(1) to (5) of this | 111025 |
| section, the consumer of direct mail that is not a holder of a | 111026 |
| direct payment permit shall provide to the vendor in conjunction | 111027 |
| with the sale either an exemption certificate claiming direct mail | 111028 |
| prescribed by the tax commissioner, or information to show the | 111029 |
| jurisdictions to which the direct mail is delivered to recipients. | 111030 |
| (2) Upon receipt of such exemption certificate, the vendor is | 111031 |
| relieved of all obligations to collect, pay, or remit the | 111032 |
| applicable tax and the consumer is obligated to pay that tax on a | 111033 |
| direct pay basis. An exemption certificate claiming direct mail | 111034 |
| shall remain in effect for all future sales of direct mail by the | 111035 |
| vendor to the consumer until it is revoked in writing. | 111036 |
| (3) Upon receipt of information from the consumer showing the | 111037 |
| jurisdictions to which the direct mail is delivered to recipients, | 111038 |
| the vendor shall collect the tax according to the delivery | 111039 |
| information provided by the consumer. In the absence of bad faith, | 111040 |
| the vendor is relieved of any further obligation to collect tax on | 111041 |
| any transaction where the vendor has collected tax pursuant to the | 111042 |
| delivery information provided by the consumer. | 111043 |
| (4) If the consumer of direct mail does not have a direct | 111044 |
| payment permit and does not provide the vendor with either an | 111045 |
| exemption certificate claiming direct mail or delivery information | 111046 |
| as required by division (F)(1) of this section, the vendor shall | 111047 |
| collect the tax according to division (C)(5) of this section. | 111048 |
| Nothing in division (F)(4) of this section shall limit a | 111049 |
| consumer's obligation to pay sales or use tax to any state to | 111050 |
| which the direct mail is delivered. | 111051 |
| (5) If a consumer of direct mail provides the vendor with | 111052 |
| documentation of direct payment authority, the consumer shall not | 111053 |
| be required to provide an exemption certificate claiming direct | 111054 |
| mail or delivery information to the vendor. | 111055 |
| (G) If the vendor provides lodging to transient guests as | 111056 |
| specified in division (B)(2) of section 5739.01 of the Revised | 111057 |
| Code, the sale shall be sourced to the location where the lodging | 111058 |
| is located. | 111059 |
| (H)(1) As used in this division and division (I) of this | 111060 |
| section, "transportation equipment" means any of the following: | 111061 |
| (a) Locomotives and railcars that are utilized for the | 111062 |
| carriage of persons or property in interstate commerce. | 111063 |
| (b) Trucks and truck-tractors with a gross vehicle weight | 111064 |
| rating of greater than ten thousand pounds, trailers, | 111065 |
| semi-trailers, or passenger buses that are registered through the | 111066 |
| international registration plan and are operated under authority | 111067 |
| of a carrier authorized and certificated by the United States | 111068 |
| department of transportation or another federal authority to | 111069 |
| engage in the carriage of persons or property in interstate | 111070 |
| commerce. | 111071 |
| (c) Aircraft that are operated by air carriers authorized and | 111072 |
| certificated by the United States department of transportation or | 111073 |
| another federal authority to engage in the carriage of persons or | 111074 |
| property in interstate or foreign commerce. | 111075 |
| (d) Containers designed for use on and component parts | 111076 |
| attached to or secured on the items set forth in division | 111077 |
| (H)(1)(a), (b), or (c) of this section. | 111078 |
| (2) A sale, lease, or rental of transportation equipment | 111079 |
| shall be sourced pursuant to division (C) of this section. | 111080 |
| (I)(1) A lease or rental of tangible personal property that | 111081 |
| does not require recurring periodic payments shall be sourced | 111082 |
| pursuant to division (C) of this section. | 111083 |
| (2) A lease or rental of tangible personal property that | 111084 |
| requires recurring periodic payments shall be sourced as follows: | 111085 |
| (a) In the case of a motor vehicle, other than a motor | 111086 |
| vehicle that is transportation equipment, or an aircraft, other | 111087 |
| than an aircraft that is transportation equipment, such lease or | 111088 |
| rental shall be sourced as follows: | 111089 |
| (i) An accelerated tax payment on a lease or rental taxed | 111090 |
| pursuant to division (A)(2) of section 5739.02 of the Revised Code | 111091 |
| shall be sourced to the primary property location at the time the | 111092 |
| lease or rental is consummated. Any subsequent taxable charges on | 111093 |
| the lease or rental shall be sourced to the primary property | 111094 |
| location for the period in which the charges are incurred. | 111095 |
| (ii) For a lease or rental taxed pursuant to division (A)(3) | 111096 |
| of section 5739.02 of the Revised Code, each lease or rental | 111097 |
| installment shall be sourced to the primary property location for | 111098 |
| the period covered by the installment. | 111099 |
| (b) In the case of a lease or rental of all other tangible | 111100 |
| personal property, other than transportation equipment, such lease | 111101 |
| or rental shall be sourced as follows: | 111102 |
| (i) An accelerated tax payment on a lease or rental that is | 111103 |
| taxed pursuant to division (A)(2) of section 5739.02 of the | 111104 |
| Revised Code shall be sourced pursuant to division (C) of this | 111105 |
| section at the time the lease or rental is consummated. Any | 111106 |
| subsequent taxable charges on the lease or rental shall be sourced | 111107 |
| to the primary property location for the period in which the | 111108 |
| charges are incurred. | 111109 |
| (ii) For a lease or rental that is taxed pursuant to division | 111110 |
| (A)(3) of section 5739.02 of the Revised Code, the initial lease | 111111 |
| or rental installment shall be sourced pursuant to division (C) of | 111112 |
| this section. Each subsequent installment shall be sourced to the | 111113 |
| primary property location for the period covered by the | 111114 |
| installment. | 111115 |
| (3) As used in division (I) of this section, "primary | 111116 |
| property location" means an address for tangible personal property | 111117 |
| provided by the lessee or renter that is available to the lessor | 111118 |
| or owner from its records maintained in the ordinary course of | 111119 |
| business, when use of that address does not constitute bad faith. | 111120 |
| (J) If the vendor provides a service specified in division | 111121 |
| (B)(11) of section 5739.01 of the Revised Code, the situs of the | 111122 |
| sale is the location of the enrollee for whom a medicaid health | 111123 |
| insurance corporation receives managed care premiums. Such sales | 111124 |
| shall be sourced to the locations of the enrollees in the same | 111125 |
| proportion as the managed care premiums received by the medicaid | 111126 |
| health insuring corporation on behalf of enrollees located in a | 111127 |
| particular taxing jurisdiction in Ohio as compared to all managed | 111128 |
| care premiums received by the medicaid health insuring | 111129 |
| corporation. | 111130 |
| Section 110.21. That the existing version of section 5739.033 | 111131 |
| of the Revised Code that is scheduled to take effect January 1, | 111132 |
| 2010, is hereby repealed. | 111133 |
| Section 110.22. Sections 110.20 and 110.21 of this act take | 111134 |
| effect January 1, 2010. | 111135 |
| Section 115.10. That sections 5104.01 and 5104.38 of the | 111136 |
| Revised Code be amended to read as follows: | 111137 |
| Sec. 5104.01. As used in this chapter: | 111138 |
| (A) "Administrator" means the person responsible for the | 111139 |
| daily operation of a center or type A home. The administrator and | 111140 |
| the owner may be the same person. | 111141 |
| (B) "Approved child day camp" means a child day camp approved | 111142 |
| pursuant to section 5104.22 of the Revised Code. | 111143 |
| (C) "Authorized provider" means a person authorized by a | 111144 |
| county director of job and family services to operate a certified | 111145 |
| type B family day-care home. | 111146 |
| (D) "Border state child care provider" means a child care | 111147 |
| provider that is located in a state bordering Ohio and that is | 111148 |
| licensed, certified, or otherwise approved by that state to | 111149 |
| provide child care. | 111150 |
| (E) "Caretaker parent" means the father or mother of a child | 111151 |
| whose presence in the home is needed as the caretaker of the | 111152 |
| child, a person who has legal custody of a child and whose | 111153 |
| presence in the home is needed as the caretaker of the child, a | 111154 |
| guardian of a child whose presence in the home is needed as the | 111155 |
| caretaker of the child, and any other person who stands in loco | 111156 |
| parentis with respect to the child and whose presence in the home | 111157 |
| is needed as the caretaker of the child. | 111158 |
| (F) "Certified type B family day-care home" and "certified | 111159 |
| type B home" mean a type B family day-care home that is certified | 111160 |
| by the director of the county department of job and family | 111161 |
| services pursuant to section 5104.11 of the Revised Code to | 111162 |
| receive public funds for providing child care pursuant to this | 111163 |
| chapter and any rules adopted under it. | 111164 |
| (G) "Chartered nonpublic school" means a school that meets | 111165 |
| standards for nonpublic schools prescribed by the state board of | 111166 |
| education for nonpublic schools pursuant to section 3301.07 of the | 111167 |
| Revised Code. | 111168 |
| (H) "Child" includes an infant, toddler, preschool child, or | 111169 |
| school child. | 111170 |
| (I) "Child care block grant act" means the "Child Care and | 111171 |
| Development Block Grant Act of 1990," established in section 5082 | 111172 |
| of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. | 111173 |
| 1388-236 (1990), 42 U.S.C. 9858, as amended. | 111174 |
| (J) "Child day camp" means a program in which only school | 111175 |
| children attend or participate, that operates for no more than | 111176 |
| seven hours per day, that operates only during one or more public | 111177 |
| school district's regular vacation periods or for no more than | 111178 |
| fifteen weeks during the summer, and that operates outdoor | 111179 |
| activities for each child who attends or participates in the | 111180 |
| program for a minimum of fifty per cent of each day that children | 111181 |
| attend or participate in the program, except for any day when | 111182 |
| hazardous weather conditions prevent the program from operating | 111183 |
| outdoor activities for a minimum of fifty per cent of that day. | 111184 |
| For purposes of this division, the maximum seven hours of | 111185 |
| operation time does not include transportation time from a child's | 111186 |
| home to a child day camp and from a child day camp to a child's | 111187 |
| home. | 111188 |
| (K) "Child care" means administering to the needs of infants, | 111189 |
| toddlers, preschool children, and school children outside of | 111190 |
| school hours by persons other than their parents or guardians, | 111191 |
| custodians, or relatives by blood, marriage, or adoption for any | 111192 |
| part of the twenty-four-hour day in a place or residence other | 111193 |
| than a child's own home. | 111194 |
| (L) "Child day-care center" and "center" mean any place in | 111195 |
| which child care or publicly funded child care is provided for | 111196 |
| thirteen or more children at one time or any place that is not the | 111197 |
| permanent residence of the licensee or administrator in which | 111198 |
| child care or publicly funded child care is provided for seven to | 111199 |
| twelve children at one time. In counting children for the | 111200 |
| purposes of this division, any children under six years of age who | 111201 |
| are related to a licensee, administrator, or employee and who are | 111202 |
| on the premises of the center shall be counted. "Child day-care | 111203 |
| center" and "center" do not include any of the following: | 111204 |
| (1) A place located in and operated by a hospital, as defined | 111205 |
| in section 3727.01 of the Revised Code, in which the needs of | 111206 |
| children are administered to, if all the children whose needs are | 111207 |
| being administered to are monitored under the on-site supervision | 111208 |
| of a physician licensed under Chapter 4731. of the Revised Code or | 111209 |
| a registered nurse licensed under Chapter 4723. of the Revised | 111210 |
| Code, and the services are provided only for children who, in the | 111211 |
| opinion of the child's parent, guardian, or custodian, are | 111212 |
| exhibiting symptoms of a communicable disease or other illness or | 111213 |
| are injured; | 111214 |
| (2) A child day camp; | 111215 |
| (3) A place that provides child care, but not publicly funded | 111216 |
| child care, if all of the following apply: | 111217 |
| (a) An organized religious body provides the child care; | 111218 |
| (b) A parent, custodian, or guardian of at least one child | 111219 |
| receiving child care is on the premises and readily accessible at | 111220 |
| all times; | 111221 |
| (c) The child care is not provided for more than thirty days | 111222 |
| a year; | 111223 |
| (d) The child care is provided only for preschool and school | 111224 |
| children. | 111225 |
| (M) "Child care resource and referral service organization" | 111226 |
| means a community-based nonprofit organization that provides child | 111227 |
| care resource and referral services but not child care. | 111228 |
| (N) "Child care resource and referral services" means all of | 111229 |
| the following services: | 111230 |
| (1) Maintenance of a uniform data base of all child care | 111231 |
| providers in the community that are in compliance with this | 111232 |
| chapter, including current occupancy and vacancy data; | 111233 |
| (2) Provision of individualized consumer education to | 111234 |
| families seeking child care; | 111235 |
| (3) Provision of timely referrals of available child care | 111236 |
| providers to families seeking child care; | 111237 |
| (4) Recruitment of child care providers; | 111238 |
| (5) Assistance in the development, conduct, and dissemination | 111239 |
| of training for child care providers and provision of technical | 111240 |
| assistance to current and potential child care providers, | 111241 |
| employers, and the community; | 111242 |
| (6) Collection and analysis of data on the supply of and | 111243 |
| demand for child care in the community; | 111244 |
| (7) Technical assistance concerning locally, state, and | 111245 |
| federally funded child care and early childhood education | 111246 |
| programs; | 111247 |
| (8) Stimulation of employer involvement in making child care | 111248 |
| more affordable, more available, safer, and of higher quality for | 111249 |
| their employees and for the community; | 111250 |
| (9) Provision of written educational materials to caretaker | 111251 |
| parents and informational resources to child care providers; | 111252 |
| (10) Coordination of services among child care resource and | 111253 |
| referral service organizations to assist in developing and | 111254 |
| maintaining a statewide system of child care resource and referral | 111255 |
| services if required by the department of job and family services; | 111256 |
| (11) Cooperation with the county department of job and family | 111257 |
| services in encouraging the establishment of parent cooperative | 111258 |
| child care centers and parent cooperative type A family day-care | 111259 |
| homes. | 111260 |
| (O) "Child-care staff member" means an employee of a child | 111261 |
| day-care center or type A family day-care home who is primarily | 111262 |
| responsible for the care and supervision of children. The | 111263 |
| administrator may be a part-time child-care staff member when not | 111264 |
| involved in other duties. | 111265 |
| (P) "Drop-in child day-care center," "drop-in center," | 111266 |
| "drop-in type A family day-care home," and "drop-in type A home" | 111267 |
| mean a center or type A home that provides child care or publicly | 111268 |
| funded child care for children on a temporary, irregular basis. | 111269 |
| (Q) "Employee" means a person who either: | 111270 |
| (1) Receives compensation for duties performed in a child | 111271 |
| day-care center or type A family day-care home; | 111272 |
| (2) Is assigned specific working hours or duties in a child | 111273 |
| day-care center or type A family day-care home. | 111274 |
| (R) "Employer" means a person, firm, institution, | 111275 |
| organization, or agency that operates a child day-care center or | 111276 |
| type A family day-care home subject to licensure under this | 111277 |
| chapter. | 111278 |
| (S) "Federal poverty line" means the official poverty | 111279 |
| guideline as revised annually in accordance with section 673(2) of | 111280 |
| the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 111281 |
| U.S.C. 9902, as amended, for a family size equal to the size of | 111282 |
| the family of the person whose income is being determined. | 111283 |
| (T)
| 111284 |
| 111285 | |
| 111286 | |
| 111287 | |
| 111288 |
| | 111289 |
| development program that receives funds distributed under the | 111290 |
| "Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as | 111291 |
| amended, and is licensed as a child day-care center. | 111292 |
| | 111293 |
| 5107.10 of the Revised Code, less any amounts required by federal | 111294 |
| statutes or regulations to be disregarded. | 111295 |
| | 111296 |
| in conjunction with an instrument-based program monitoring | 111297 |
| information system, that contains selected licensing requirements | 111298 |
| that are statistically reliable indicators or predictors of a | 111299 |
| child day-care center or type A family day-care home's compliance | 111300 |
| with licensing requirements. | 111301 |
| | 111302 |
| months of age. | 111303 |
| | 111304 |
| the child but provides care in the child's home and is certified | 111305 |
| by a county director of job and family services pursuant to | 111306 |
| section 5104.12 of the Revised Code to provide publicly funded | 111307 |
| child care to a child in a child's own home pursuant to this | 111308 |
| chapter and any rules adopted under it. | 111309 |
| | 111310 |
| system" means a method to assess compliance with licensing | 111311 |
| requirements for child day-care centers and type A family day-care | 111312 |
| homes in which each licensing requirement is assigned a weight | 111313 |
| indicative of the relative importance of the requirement to the | 111314 |
| health, growth, and safety of the children that is used to develop | 111315 |
| an indicator checklist. | 111316 |
| | 111317 |
| age category of children who may be cared for in a child day-care | 111318 |
| center or type A family day-care home at one time as determined by | 111319 |
| the director of job and family services considering building | 111320 |
| occupancy limits established by the department of commerce, number | 111321 |
| of available child-care staff members, amount of available indoor | 111322 |
| floor space and outdoor play space, and amount of available play | 111323 |
| equipment, materials, and supplies. | 111324 |
| | 111325 |
| child program" means a preschool program or school child program, | 111326 |
| as defined in section 3301.52 of the Revised Code, that is | 111327 |
| licensed by the department of education pursuant to sections | 111328 |
| 3301.52 to 3301.59 of the Revised Code. | 111329 |
| | 111330 |
| center or type A family day-care home that is licensed pursuant to | 111331 |
| this chapter and who is responsible for ensuring its compliance | 111332 |
| with this chapter and rules adopted pursuant to this chapter. | 111333 |
| | 111334 |
| establish, manage, conduct, or maintain a child day camp. | 111335 |
| | 111336 |
| 1.59 of the Revised Code, or government entity. | 111337 |
| | 111338 |
| cooperative center," "parent cooperative type A family day-care | 111339 |
| home," and "parent cooperative type A home" mean a corporation or | 111340 |
| association organized for providing educational services to the | 111341 |
| children of members of the corporation or association, without | 111342 |
| gain to the corporation or association as an entity, in which the | 111343 |
| services of the corporation or association are provided only to | 111344 |
| children of the members of the corporation or association, | 111345 |
| ownership and control of the corporation or association rests | 111346 |
| solely with the members of the corporation or association, and at | 111347 |
| least one parent-member of the corporation or association is on | 111348 |
| the premises of the center or type A home during its hours of | 111349 |
| operation. | 111350 |
| | 111351 |
| center," "part-time type A family day-care home," and "part-time | 111352 |
| type A home" mean a center or type A home that provides child care | 111353 |
| or publicly funded child care for no more than four hours a day | 111354 |
| for any child. | 111355 |
| | 111356 |
| of an organized religious group are conducted and includes the | 111357 |
| grounds and any other buildings on the grounds used for such | 111358 |
| activities. | 111359 |
| | 111360 |
| old or older but is not a school child. | 111361 |
| | 111362 |
| care for the direct care and protection of a child to whom either | 111363 |
| of the following applies: | 111364 |
| (1) A case plan prepared and maintained for the child | 111365 |
| pursuant to section 2151.412 of the Revised Code indicates a need | 111366 |
| for protective care and the child resides with a parent, | 111367 |
| stepparent, guardian, or another person who stands in loco | 111368 |
| parentis as defined in rules adopted under section 5104.38 of the | 111369 |
| Revised Code; | 111370 |
| (2) The child and the child's caretaker either temporarily | 111371 |
| reside in a facility providing emergency shelter for homeless | 111372 |
| families or are determined by the county department of job and | 111373 |
| family services to be homeless, and are otherwise ineligible for | 111374 |
| publicly funded child care. | 111375 |
| | 111376 |
| the needs of infants, toddlers, preschool children, and school | 111377 |
| children under age thirteen during any part of the | 111378 |
| twenty-four-hour day by persons other than their caretaker parents | 111379 |
| for remuneration wholly or in part with federal or state funds, | 111380 |
| including funds available under the child care block grant act, | 111381 |
| Title IV-A, and Title XX, distributed by the department of job and | 111382 |
| family services. | 111383 |
| | 111384 |
| worship or other religious services; religious instruction; Sunday | 111385 |
| school classes or other religious classes conducted during or | 111386 |
| prior to worship or other religious services; youth or adult | 111387 |
| fellowship activities; choir or other musical group practices or | 111388 |
| programs; meals; festivals; or meetings conducted by an organized | 111389 |
| religious group. | 111390 |
| | 111391 |
| is eligible to be enrolled in a grade of kindergarten or above but | 111392 |
| is less than fifteen years old. | 111393 |
| | 111394 |
| center," "school child type A family day-care home," and "school | 111395 |
| child type A family home" mean a center or type A home that | 111396 |
| provides child care for school children only and that does either | 111397 |
| or both of the following: | 111398 |
| (1) Operates only during that part of the day that | 111399 |
| immediately precedes or follows the public school day of the | 111400 |
| school district in which the center or type A home is located; | 111401 |
| (2) Operates only when the public schools in the school | 111402 |
| district in which the center or type A home is located are not | 111403 |
| open for instruction with pupils in attendance. | 111404 |
| | 111405 |
| calculated by the department of development pursuant to division | 111406 |
| (A)(1)(g) of section 5709.61 of the Revised Code. | 111407 |
| | 111408 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 111409 |
| | 111410 |
| Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. | 111411 |
| | 111412 |
| months of age but less than three years of age. | 111413 |
| | 111414 |
| a permanent residence of the administrator in which child care or | 111415 |
| publicly funded child care is provided for seven to twelve | 111416 |
| children at one time or a permanent residence of the administrator | 111417 |
| in which child care is provided for four to twelve children at one | 111418 |
| time if four or more children at one time are under two years of | 111419 |
| age. In counting children for the purposes of this division, any | 111420 |
| children under six years of age who are related to a licensee, | 111421 |
| administrator, or employee and who are on the premises of the type | 111422 |
| A home shall be counted. "Type A family day-care home" and "type A | 111423 |
| home" do not include any child day camp. | 111424 |
| | 111425 |
| a permanent residence of the provider in which child care is | 111426 |
| provided for one to six children at one time and in which no more | 111427 |
| than three children are under two years of age at one time. In | 111428 |
| counting children for the purposes of this division, any children | 111429 |
| under six years of age who are related to the provider and who are | 111430 |
| on the premises of the type B home shall be counted. "Type B | 111431 |
| family day-care home" and "type B home" do not include any child | 111432 |
| day camp. | 111433 |
| Sec. 5104.38. In addition to any other rules adopted under | 111434 |
| this chapter, the director of job and family services shall adopt | 111435 |
| rules in accordance with Chapter 119. of the Revised Code | 111436 |
| governing financial and administrative requirements for publicly | 111437 |
| funded child care and establishing all of the following: | 111438 |
| (A) Procedures and criteria to be used in making | 111439 |
| determinations of eligibility for publicly funded child care that | 111440 |
| give priority to children of families with lower incomes and | 111441 |
| procedures and criteria for eligibility for publicly funded | 111442 |
| protective child care. The rules shall specify the maximum amount | 111443 |
| of income a family may have for initial and continued eligibility. | 111444 |
| The maximum amount shall not exceed two hundred per cent of the | 111445 |
| federal poverty line. | 111446 |
| (B) Procedures under which a county department of job and | 111447 |
| family services may, if the department, under division (A) of this | 111448 |
| section, specifies a maximum amount of income a family may have | 111449 |
| for eligibility for publicly funded child care that is less than | 111450 |
| the maximum amount specified in that division, specify a maximum | 111451 |
| amount of income a family residing in the county the county | 111452 |
| department serves may have for initial and continued eligibility | 111453 |
| for publicly funded child care that is higher than the amount | 111454 |
| specified by the department but does not exceed the maximum amount | 111455 |
| specified in division (A) of this section; | 111456 |
| (C) A schedule of fees requiring all eligible caretaker | 111457 |
| parents to pay a fee for publicly funded child care according to | 111458 |
| income and family size, which shall be uniform for all types of | 111459 |
| publicly funded child care, except as authorized by rule, and, to | 111460 |
| the extent permitted by federal law, shall permit the use of state | 111461 |
| and federal funds to pay the customary deposits and other advance | 111462 |
| payments that a provider charges all children who receive child | 111463 |
| care from that provider. The schedule of fees may not provide for | 111464 |
| a caretaker parent to pay a fee that exceeds ten per cent of the | 111465 |
| parent's family income. | 111466 |
| (D) A formula based upon a percentage of the county's total | 111467 |
| expenditures for publicly funded child care for determining the | 111468 |
| maximum amount of state and federal funds appropriated for | 111469 |
| publicly funded child care that a county department may use for | 111470 |
| administrative purposes; | 111471 |
| (E) Procedures to be followed by the department and county | 111472 |
| departments in recruiting individuals and groups to become | 111473 |
| providers of child care; | 111474 |
| (F) Procedures to be followed in establishing state or local | 111475 |
| programs designed to assist individuals who are eligible for | 111476 |
| publicly funded child care in identifying the resources available | 111477 |
| to them and to refer the individuals to appropriate sources to | 111478 |
| obtain child care; | 111479 |
| (G) Procedures to deal with fraud and abuse committed by | 111480 |
| either recipients or providers of publicly funded child care; | 111481 |
| (H) Procedures for establishing a child care grant or loan | 111482 |
| program in accordance with the child care block grant act; | 111483 |
| (I) Standards and procedures for applicants to apply for | 111484 |
| grants and loans, and for the department to make grants and loans; | 111485 |
| (J) A definition of "person who stands in loco parentis" for | 111486 |
|
the purposes of division | 111487 |
| Revised Code; | 111488 |
| (K) Procedures for a county department of job and family | 111489 |
| services to follow in making eligibility determinations and | 111490 |
| redeterminations for publicly funded child care available through | 111491 |
| telephone, computer, and other means at locations other than the | 111492 |
| county department; | 111493 |
| (L) Any other rules necessary to carry out sections 5104.30 | 111494 |
| to 5104.39 of the Revised Code. | 111495 |
| Section 115.11. That existing sections 5104.01 and 5104.38 | 111496 |
| of the Revised Code are hereby repealed. | 111497 |
| Section 115.12. Sections 115.10 and 115.11 take effect July | 111498 |
| 1, 2011. | 111499 |
| Section 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43, | 111500 |
| 5112.44, 5112.45, 5112.451, 5112.46, 5112.47, and 5112.48 of the | 111501 |
| Revised Code are hereby repealed, effective October 1, 2011. | 111502 |
| Section 201.01. Except as otherwise provided in this act, | 111503 |
| all appropriation items in this act are appropriated out of any | 111504 |
| moneys in the state treasury to the credit of the designated fund | 111505 |
| that are not otherwise appropriated. For all appropriations made | 111506 |
| in this act, the amounts in the first column are for fiscal year | 111507 |
| 2010 and the amounts in the second column are for fiscal year | 111508 |
| 2011. | 111509 |
| Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO | 111510 |
| General Services Fund Group | 111511 |
| 4J80 | 889601 | CPA Education Assistance | $ | 325,000 | $ | 325,000 | 111512 | ||||
| 4K90 | 889609 | Operating Expenses | $ | 1,117,000 | $ | 1,117,000 | 111513 | ||||
| TOTAL GSF General Services Fund | 111514 | ||||||||||
| Group | $ | 1,442,000 | $ | 1,442,000 | 111515 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,442,000 | $ | 1,442,000 | 111516 | ||||||
| Section 205.10. ADJ ADJUTANT GENERAL | 111518 |
| General Revenue Fund | 111519 |
| GRF | 745401 | Ohio Military Reserve | $ | 13,675 | $ | 13,675 | 111520 | ||||
| GRF | 745404 | Air National Guard | $ | 2,010,606 | $ | 2,010,606 | 111521 | ||||
| GRF | 745407 | National Guard Benefits | $ | 500,000 | $ | 500,000 | 111522 | ||||
| GRF | 745409 | Central Administration | $ | 3,105,784 | $ | 3,105,784 | 111523 | ||||
| GRF | 745499 | Army National Guard | $ | 6,008,551 | $ | 6,008,551 | 111524 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,638,616 | $ | 11,638,616 | 111525 | ||||||
| General Services Fund Group | 111526 |
| 5340 | 745612 | Property Operations/Management | $ | 1,000,000 | $ | 1,000,000 | 111527 | ||||
| 5360 | 745605 | Marksmanship Activities | $ | 128,600 | $ | 128,600 | 111528 | ||||
| 5360 | 745620 | Camp Perry/Buckeye Inn Operations | $ | 1,502,970 | $ | 1,502,970 | 111529 | ||||
| 5370 | 745604 | Ohio National Guard Facility Maintenance | $ | 269,826 | $ | 269,826 | 111530 | ||||
| TOTAL GSF General Services Fund Group | $ | 2,901,396 | $ | 2,901,396 | 111531 | ||||||
| Federal Special Revenue Fund Group | 111532 |
| 3410 | 745615 | Air National Guard Base Security | $ | 2,777,692 | $ | 2,777,692 | 111533 | ||||
| 3420 | 745616 | Army National Guard Agreement | $ | 10,970,050 | $ | 10,970,050 | 111534 | ||||
| 3E80 | 745628 | Air National Guard Agreement | $ | 16,048,595 | $ | 16,048,595 | 111535 | ||||
| 3R80 | 745603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 111536 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 29,821,337 | $ | 29,821,337 | 111537 | ||||||
| State Special Revenue Fund Group | 111538 |
| 5U80 | 745613 | Community Match Armories | $ | 320,000 | $ | 345,600 | 111539 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 320,000 | $ | 345,600 | 111540 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 44,681,349 | $ | 44,706,949 | 111541 |
| NATIONAL GUARD BENEFITS | 111542 |
| The foregoing appropriation item 745407, National Guard | 111543 |
| Benefits, shall be used for purposes of sections 5919.31 and | 111544 |
| 5919.33 of the Revised Code, and for administrative costs of the | 111545 |
| associated programs. | 111546 |
| For active duty members of the Ohio National Guard who died | 111547 |
| after October 7, 2001, while performing active duty, the death | 111548 |
| benefit, pursuant to section 5919.33 of the Revised Code, shall be | 111549 |
| paid to the beneficiary or beneficiaries designated on the | 111550 |
| member's Servicemembers' Group Life Insurance Policy. | 111551 |
| STATE ACTIVE DUTY COSTS | 111552 |
| Of the foregoing appropriation item 745409, Central | 111553 |
| Administration, $50,000 in each fiscal year shall be used for the | 111554 |
| purpose of paying expenses related to state active duty of members | 111555 |
| of the Ohio organized militia, in accordance with a proclamation | 111556 |
| of the Governor. Expenses include, but are not limited to, the | 111557 |
| cost of equipment, supplies, and services, as determined by the | 111558 |
| Adjutant General's Department. | 111559 |
| Section 205.20. FUND ABOLITION | 111560 |
| On July 1, 2009, or as soon as possible thereafter, the | 111561 |
| Director of Budget and Management, upon request by the Adjutant | 111562 |
| General, shall transfer the cash balance in the Marksmanship | 111563 |
| Activities Fund (Fund 5280) to the Camp Perry/Buckeye Inn | 111564 |
| Operations Fund (Fund 5360). The Director shall cancel any | 111565 |
| existing encumbrances against appropriation item 745645, | 111566 |
| Marksmanship Activities, and re-establish them against | 111567 |
| appropriation item 745620, Camp Perry/Buckeye Inn Operations. The | 111568 |
| re-established encumbrance amounts are hereby appropriated. Upon | 111569 |
| completion of the transfer, Fund 5280 is abolished. | 111570 |
| Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 111571 |
| General Revenue Fund | 111572 |
| GRF | 100403 | School Employees Health Care Board | $ | 1,128,600 | $ | 1,128,600 | 111573 | ||||
| GRF | 100405 | Agency Audit Expenses | $ | 312,075 | $ | 312,075 | 111574 | ||||
| GRF | 100415 | OAKS Rental Payments | $ | 18,607,000 | $ | 21,728,000 | 111575 | ||||
| GRF | 100416 | STARS Lease Rental Payments | $ | 4,977,600 | $ | 7,638,500 | 111576 | ||||
| GRF | 100417 | EEO Project Tracking Software-Federal | $ | 0 | $ | 100,000 | 111577 | ||||
| GRF | 100418 | Web Sites and Business Gateway | $ | 3,843,074 | $ | 3,143,076 | 111578 | ||||
| GRF | 100419 | IT Security Infrastructure | $ | 1,211,250 | $ | 1,211,250 | 111579 | ||||
| GRF | 100421 | OAKS Project Implementation | $ | 202,500 | $ | 202,500 | 111580 | ||||
| GRF | 100422 | Croson Disparity Study | $ | 500,000 | $ | 500,000 | 111581 | ||||
| GRF | 100433 | State of Ohio Computer Center | $ | 6,736,752 | $ | 6,736,752 | 111582 | ||||
| GRF | 100439 | Equal Opportunity Certification Programs | $ | 712,724 | $ | 712,724 | 111583 | ||||
| GRF | 100447 | OBA - Building Rent Payments | $ | 102,635,400 | $ | 97,712,600 | 111584 | ||||
| GRF | 100448 | OBA - Building Operating Payments | $ | 25,603,000 | $ | 25,603,000 | 111585 | ||||
| GRF | 100449 | DAS - Building Operating Payments | $ | 3,271,384 | $ | 3,271,384 | 111586 | ||||
| GRF | 100451 | Minority Affairs | $ | 50,016 | $ | 50,016 | 111587 | ||||
| GRF | 100734 | Major Maintenance - State Buildings | $ | 37,800 | $ | 37,800 | 111588 | ||||
| GRF | 102321 | Construction Compliance | $ | 1,108,744 | $ | 1,108,744 | 111589 | ||||
| GRF | 130321 | State Agency Support Services | $ | 4,039,578 | $ | 4,039,578 | 111590 | ||||
| TOTAL GRF General Revenue Fund | $ | 174,977,497 | $ | 175,236,599 | 111591 | ||||||
| General Services Fund Group | 111592 |
| 1120 | 100616 | DAS Administration | $ | 5,299,427 | $ | 5,299,427 | 111593 | ||||
| 1150 | 100632 | Central Service Agency | $ | 928,403 | $ | 928,403 | 111594 | ||||
| 1170 | 100644 | General Services Division - Operating | $ | 14,384,751 | $ | 14,574,622 | 111595 | ||||
| 1220 | 100637 | Fleet Management | $ | 2,032,968 | $ | 2,032,968 | 111596 | ||||
| 1250 | 100622 | Human Resources Division - Operating | $ | 27,162,320 | $ | 27,998,410 | 111597 | ||||
| 1280 | 100620 | Collective Bargaining | $ | 3,662,534 | $ | 3,662,534 | 111598 | ||||
| 1300 | 100606 | Risk Management Reserve | $ | 5,568,548 | $ | 5,568,548 | 111599 | ||||
| 1310 | 100639 | State Architect's Office | $ | 8,292,759 | $ | 8,331,498 | 111600 | ||||
| 1320 | 100631 | DAS Building Management | $ | 10,166,228 | $ | 10,166,228 | 111601 | ||||
| 1330 | 100607 | IT Services Delivery | $ | 78,582,948 | $ | 77,067,948 | 111602 | ||||
| 1880 | 100649 | Equal Opportunity Division - Operating | $ | 1,384,650 | $ | 1,384,650 | 111603 | ||||
| 2100 | 100612 | State Printing | $ | 17,224,494 | $ | 17,263,080 | 111604 | ||||
| 2290 | 100630 | IT Governance | $ | 15,431,411 | $ | 15,743,306 | 111605 | ||||
| 2290 | 100640 | Leveraged Enterprise Purchases | $ | 10,000,000 | $ | 10,000,000 | 111606 | ||||
| 4270 | 100602 | Investment Recovery | $ | 5,683,564 | $ | 5,683,564 | 111607 | ||||
| 4N60 | 100617 | Major IT Purchases | $ | 8,460,134 | $ | 1,950,000 | 111608 | ||||
| 4P30 | 100603 | DAS Information Services | $ | 4,958,218 | $ | 4,958,218 | 111609 | ||||
| 5C20 | 100605 | MARCS Administration | $ | 15,852,314 | $ | 16,363,179 | 111610 | ||||
| 5C30 | 100608 | Skilled Trades | $ | 934,982 | $ | 934,982 | 111611 | ||||
| 5DQ0 | 100638 | Administrative Hearings | $ | 200,000 | $ | 200,000 | 111612 | ||||
| 5EB0 | 100635 | OAKS Support Organization | $ | 16,726,421 | $ | 18,384,412 | 111613 | ||||
| 5L70 | 100610 | Professional Development | $ | 3,900,000 | $ | 3,900,000 | 111614 | ||||
| 5V60 | 100619 | Employee Educational Development | $ | 936,129 | $ | 936,129 | 111615 | ||||
| 5X30 | 100634 | Centralized Gateway Enhancement | $ | 3,676,956 | $ | 2,052,308 | 111616 | ||||
| TOTAL GSF General Services Fund | 111617 | ||||||||||
| Group | $ | 261,450,159 | $ | 255,384,414 | 111618 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 436,427,656 | $ | 430,621,013 | 111619 | ||||||
| Section 207.10.05. SCHOOL EMPLOYEES HEALTH CARE BOARD | 111621 |
| The foregoing appropriation item 100403, School Employees | 111622 |
| Health Care Board, shall be used by the School Employees Health | 111623 |
| Care Board to hire staff to provide administrative support to the | 111624 |
| Board as the Board carries out its duties under section 9.901 of | 111625 |
| the Revised Code. | 111626 |
| Section 207.10.10. AGENCY AUDIT EXPENSES | 111627 |
| The foregoing appropriation item 100405, Agency Audit | 111628 |
| Expenses, shall be used for auditing expenses designated in | 111629 |
| division (A)(1) of section 117.13 of the Revised Code for those | 111630 |
| state agencies audited on a biennial basis. | 111631 |
| Section 207.10.20. OAKS RENTAL PAYMENTS | 111632 |
| The foregoing appropriation item 100415, OAKS Rental | 111633 |
| Payments, shall be used for payments for the period from July 1, | 111634 |
| 2009, through June 30, 2011, pursuant to leases and agreements | 111635 |
| entered into under Chapter 125. of the Revised Code, as | 111636 |
| supplemented by Section 503.10 of Am. Sub. H.B. 496 and Section | 111637 |
| 281.10 of Am. Sub. H.B. 562 of the 127th General Assembly with | 111638 |
| respect to financing the costs associated with the acquisition, | 111639 |
| development, installation, and implementation of the Ohio | 111640 |
| Administrative Knowledge System. If it is determined that | 111641 |
| additional appropriations are necessary for this purpose, the | 111642 |
| amounts are hereby appropriated. | 111643 |
| Section 207.10.30. STATE TAXATION ACCOUNTING AND REVENUE | 111644 |
| SYSTEM | 111645 |
| The Office of Information Technology, in conjunction with | 111646 |
| the Department of Taxation, may acquire the State Taxation | 111647 |
| Accounting and Revenue System (STARS) pursuant to Chapter 125. of | 111648 |
| the Revised Code, including, but not limited to, the application | 111649 |
| software and installation and implementation thereof, for the use | 111650 |
| of the Department of Taxation. STARS is an integrated tax | 111651 |
| collection and audit system that will replace all of the state's | 111652 |
| existing separate tax software and administration systems for the | 111653 |
| various taxes collected by the state. Any lease-purchase | 111654 |
| arrangement used under Chapter 125. of the Revised Code to acquire | 111655 |
| STARS, including any fractionalized interests therein as defined | 111656 |
| in division (N) of section 133.01 of the Revised Code, shall | 111657 |
| provide that at the end of the lease period, STARS becomes the | 111658 |
| property of the state. | 111659 |
| Section 207.10.40. STARS LEASE RENTAL PAYMENTS | 111660 |
| The foregoing appropriation item 100416, STARS Lease Rental | 111661 |
| Payments, shall be used for payments for the period from July 1, | 111662 |
| 2009, through June 30, 2011, pursuant to leases and agreements | 111663 |
| entered into under Chapter 125. of the Revised Code, as | 111664 |
| supplemented by Section 757.10 of Am. Sub. H.B. 119 of the 127th | 111665 |
| General Assembly, with respect to financing the cost associated | 111666 |
| with the acquisition, development, installation, and | 111667 |
| implementation of the State Taxation Accounting and Revenue | 111668 |
| System (STARS). If it is determined that additional appropriations | 111669 |
| are necessary for this purpose, the amounts are appropriated. | 111670 |
| Section 207.10.45. WEB SITES AND BUSINESS GATEWAY | 111671 |
| Of the foregoing appropriation item 100418, Web Sites and | 111672 |
| Business Gateway, $900,000 in fiscal year 2010 and $200,000 in | 111673 |
| fiscal year 2011 shall be used by the Department of Administrative | 111674 |
| Services to develop and maintain the web site required under | 111675 |
| section 125.20 of the Revised Code. | 111676 |
| Section 207.10.50. BUILDING RENT PAYMENTS | 111677 |
| The foregoing appropriation item 100447, OBA - Building Rent | 111678 |
| Payments, shall be used to meet all payments at the times they are | 111679 |
| required to be made during the period from July 1, 2009, to June | 111680 |
| 30, 2011, by the Department of Administrative Services to the Ohio | 111681 |
| Building Authority pursuant to leases and agreements under Chapter | 111682 |
| 152. of the Revised Code. These appropriations are the source of | 111683 |
| funds pledged for bond service charges on obligations issued | 111684 |
| pursuant to Chapter 152. of the Revised Code. | 111685 |
| The foregoing appropriation item 100448, OBA - Building | 111686 |
| Operating Payments, shall be used to meet all payments at the | 111687 |
| times that they are required to be made during the period from | 111688 |
| July 1, 2009, to June 30, 2011, by the Department of | 111689 |
| Administrative Services to the Ohio Building Authority pursuant to | 111690 |
| leases and agreements under Chapter 152. of the Revised Code, but | 111691 |
| limited to the aggregate amount of $51,206,000. | 111692 |
| The payments to the Ohio Building Authority are for paying | 111693 |
| the expenses of agencies that occupy space in various state | 111694 |
| facilities. The Department of Administrative Services may enter | 111695 |
| into leases and agreements with the Ohio Building Authority | 111696 |
| providing for the payment of these expenses. The Ohio Building | 111697 |
| Authority shall report to the Department of Administrative | 111698 |
| Services and the Office of Budget and Management not later than | 111699 |
| five months after the start of each fiscal year the actual | 111700 |
| expenses incurred by the Ohio Building Authority in operating the | 111701 |
| facilities and any balances remaining from payments and rentals | 111702 |
| received in the prior fiscal year. The Department of | 111703 |
| Administrative Services shall reduce subsequent payments by the | 111704 |
| amount of the balance reported to it by the Ohio Building | 111705 |
| Authority. | 111706 |
| Section 207.10.60. DAS - BUILDING OPERATING PAYMENTS | 111707 |
| The foregoing appropriation item 100449, DAS - Building | 111708 |
| Operating Payments, shall be used to pay the rent expenses of | 111709 |
| veterans organizations pursuant to section 123.024 of the Revised | 111710 |
| Code in fiscal years 2010 and 2011. | 111711 |
| The foregoing appropriation item, 100449, DAS - Building | 111712 |
| Operating Payments, also may be used to provide funding for the | 111713 |
| cost of property appraisals or building studies that the | 111714 |
| Department of Administrative Services may be required to obtain | 111715 |
| for property that is being sold by the state or property under | 111716 |
| consideration to be renovated or purchased by the state. | 111717 |
| Notwithstanding section 125.28 of the Revised Code, the | 111718 |
| remaining portion of the appropriation may be used to pay the | 111719 |
| operating expenses of state facilities maintained by the | 111720 |
| Department of Administrative Services that are not billed to | 111721 |
| building tenants. These expenses may include, but are not limited | 111722 |
| to, the costs for vacant space and space undergoing renovation, | 111723 |
| and the rent expenses of tenants that are relocated because of | 111724 |
| building renovations. These payments shall be processed by the | 111725 |
| Department of Administrative Services through intrastate transfer | 111726 |
| vouchers and placed in the Building Management Fund (Fund 1320). | 111727 |
| Notwithstanding division (A)(1) of section 125.28 of the | 111728 |
| Revised Code, the Department of Administrative Services may use | 111729 |
| the Building Management Fund (Fund 1320) to support utility costs | 111730 |
| at the State of Ohio Computer Center that exceed the available | 111731 |
| appropriation in appropriation item 100433, State of Ohio Computer | 111732 |
| Center. | 111733 |
| Section 207.10.70. CENTRAL SERVICE AGENCY FUND | 111734 |
| The appropriation item 100632, Central Service Agency, shall | 111735 |
| be used to purchase the equipment, products, and services that are | 111736 |
| needed to maintain automated applications for the professional | 111737 |
| licensing boards and to support board licensing functions in | 111738 |
| fiscal years 2010 and 2011. The Department of Administrative | 111739 |
| Services shall establish charges for recovering the costs of | 111740 |
| carrying out these functions. The charges shall be billed to the | 111741 |
| professional licensing boards and deposited via intrastate | 111742 |
| transfer vouchers to the credit of the Central Service Agency Fund | 111743 |
| (Fund 1150). Total Department of Administrative Services charges | 111744 |
| for the maintenance and support of the licensing system shall not | 111745 |
| exceed $363,678 in each fiscal year of the biennium. | 111746 |
| Section 207.10.80. CENTRAL SERVICE AGENCY CONSOLIDATION | 111747 |
| INITIATIVE | 111748 |
| Of the foregoing appropriation item 130321, State Agency | 111749 |
| Support Services, $308,230 in fiscal year 2010 and $235,230 in | 111750 |
| fiscal year 2011 shall be used by the Department of Administrative | 111751 |
| Services for the Central Service Agency Consolidation initiative. | 111752 |
| Section 207.10.90. EXPANDED FUNCTIONS OF THE CENTRAL SERVICE | 111753 |
| AGENCY | 111754 |
| Notwithstanding any contrary provision of law, on July 1, | 111755 |
| 2009, or as soon as possible thereafter, the Central Service | 111756 |
| Agency shall review the services the Agency performs on behalf of | 111757 |
| the boards and commissions named in division (A) of section 125.22 | 111758 |
| of the Revised Code and the fiscal condition of those boards and | 111759 |
| commissions with those boards and commissions. The Agency, in | 111760 |
| consultation with the boards and commissions, shall thereafter | 111761 |
| provide recommendations to the Director of Budget and Management | 111762 |
| regarding consolidation of human resources, fiscal, and | 111763 |
| information technology functions to achieve administrative cost | 111764 |
| savings and efficiency. The Agency shall develop and enter into | 111765 |
| service level agreements and agency specific addendums thereto | 111766 |
| with the boards and commissions named in division (A) of section | 111767 |
| 125.22 of the Revised Code. The Agency and the boards and | 111768 |
| commissions shall develop a resolution process for settling any | 111769 |
| disagreements. The resolution process shall be included in the | 111770 |
| service level agreements. The service level agreements, and any | 111771 |
| board and commission specific addendums thereto, shall be signed | 111772 |
| by a representative of the board or commission and the Agency. An | 111773 |
| agreement or addendum may require the transfer of the board's or | 111774 |
| commission's employees and assets and may require the boards and | 111775 |
| commissions to enter into agreements to share office equipment, | 111776 |
| office space, or other assets to the extent such an agreement | 111777 |
| would create efficiencies or savings in human resources, fiscal, | 111778 |
| or information technology expenses. | 111779 |
| This section shall not be interpreted as a grant of | 111780 |
| authority to the Agency to supersede or replace the boards or | 111781 |
| commissions in the performance of their respective statutory | 111782 |
| duties, but shall be interpreted to focus on functions that are | 111783 |
| not evident to the licensees of the boards and commissions, | 111784 |
| registrants, or customers and so as not to interfere with the | 111785 |
| protection of the public. | 111786 |
| The Director of Budget and Management shall take budget | 111787 |
| actions necessary to implement the service level agreements and | 111788 |
| addendums thereto signed by the respective boards and commissions | 111789 |
| and the Agency. The Director of Administrative Services shall | 111790 |
| ensure that the service level agreements and addendums thereto are | 111791 |
| properly implemented. | 111792 |
| Section 207.20.10. GENERAL SERVICE CHARGES | 111793 |
| The Department of Administrative Services, with the approval | 111794 |
| of the Director of Budget and Management, shall establish charges | 111795 |
| for recovering the costs of administering the programs funded by | 111796 |
| the General Services Fund (Fund 1170) and the State Printing Fund | 111797 |
| (Fund 2100). Such charges within Fund 1170 may be used to recover | 111798 |
| the cost of paying a vendor to establish reduced pricing for | 111799 |
| contracted supplies or services. | 111800 |
| If the Director of Administrative Services determines that | 111801 |
| additional amounts are necessary to pay for consulting and | 111802 |
| administrative costs related to securing lower pricing, the | 111803 |
| Director of Administrative Services may request that the Director | 111804 |
| of Budget and Management approve additional expenditures. Such | 111805 |
| approved additional amounts are appropriated to appropriation item | 111806 |
| 100644, General Services Division-Operating. | 111807 |
| Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION | 111808 |
| EXPENSES | 111809 |
| With approval of the Director of Budget and Management, the | 111810 |
| Department of Administrative Services may seek reimbursement from | 111811 |
| state agencies for the actual costs and expenses the Department | 111812 |
| incurs in the collective bargaining arbitration process. The | 111813 |
| reimbursements shall be processed through intrastate transfer | 111814 |
| vouchers and credited to the Collective Bargaining Fund (Fund | 111815 |
| 1280). | 111816 |
| Section 207.20.30. BROADBAND OHIO | 111817 |
| Any unencumbered, unexpended amounts of the foregoing | 111818 |
| appropriation item 100607, IT Services Delivery, that were | 111819 |
| allocated for implementation of the NextGen Network in fiscal | 111820 |
| years 2008 and 2009 are hereby reappropriated for the same purpose | 111821 |
| in fiscal years 2010 and 2011. | 111822 |
| Section 207.20.40. EQUAL OPPORTUNITY PROGRAM | 111823 |
| The Department of Administrative Services, with the approval | 111824 |
| of the Director of Budget and Management, shall establish charges | 111825 |
| for recovering the costs of administering the activities supported | 111826 |
| by the State EEO Fund (Fund 1880). These charges shall be | 111827 |
| deposited to the credit of the State EEO Fund (Fund 1880) upon | 111828 |
| payment made by state agencies, state-supported or state-assisted | 111829 |
| institutions of higher education, and tax-supported agencies, | 111830 |
| municipal corporations, and other political subdivisions of the | 111831 |
| state, for services rendered. | 111832 |
| Section 207.20.50. MERCHANDISE RESALE FUND ABOLISHMENT | 111833 |
| On July 1, 2009, or as soon as possible thereafter, the | 111834 |
| Director of Budget and Management shall transfer the cash balance, | 111835 |
| functions, assets, and liabilities of the Merchandise Resale Fund | 111836 |
| (Fund 2010) to the State Printing Fund (Fund 2100). The Director | 111837 |
| of Budget and Management shall cancel any existing encumbrances | 111838 |
| against appropriation item 100653, General Services Resale | 111839 |
| Merchandise, and re-establish them against appropriation item | 111840 |
| 100612, State Printing. The re-established encumbrances are | 111841 |
| appropriated. Upon completion of the transfer, Fund 2010 is | 111842 |
| abolished. | 111843 |
| The State Printing Fund is thereupon and thereafter successor | 111844 |
| to, assumes the obligations of, and otherwise constitutes the | 111845 |
| continuation of the Merchandise Resale Fund. Any business | 111846 |
| commenced but not completed pertaining to the Merchandise for | 111847 |
| Resale Fund by July 1, 2009, shall be completed within the State | 111848 |
| Printing Fund in the same manner and with the same effect as if it | 111849 |
| were completed within the Merchandise for Resale Fund. All of the | 111850 |
| rules, orders, and determinations associated with the Merchandise | 111851 |
| for Resale Fund continue in effect as rules, orders, and | 111852 |
| determinations associated with the State Printing Fund until | 111853 |
| modified or rescinded by the Director of Administrative Services. | 111854 |
| If necessary to ensure the integrity of the Administrative Code, | 111855 |
| the Director of the Legislative Service Commission shall renumber | 111856 |
| the rules relating to the Merchandise for Resale Fund to reflect | 111857 |
| its transfer to the State Printing Fund. | 111858 |
| On and after July 1, 2009, when the Merchandise for Resale | 111859 |
| Fund is referred to in any statute, rule, contract, grant or other | 111860 |
| document, the reference is hereby deemed to refer to the State | 111861 |
| Printing Fund. | 111862 |
| Section 207.20.60. LEVERAGED ENTERPRISE PURCHASE PROGRAM | 111863 |
| FUNDING | 111864 |
| The foregoing appropriation item 100640, Leveraged Enterprise | 111865 |
| Purchases, may be used by the Director of Administrative Services | 111866 |
| to operate a Leveraged Enterprise Purchases Program to make | 111867 |
| enterprise-wide information technology purchases. The Director of | 111868 |
| Administrative Services may recover the cost of operating such a | 111869 |
| program from all participating government entities through | 111870 |
| intrastate transfer voucher billings for each applicable | 111871 |
| procurement, or the Director may use any pass-through billing | 111872 |
| method agreed to by the Director of Administrative Services, the | 111873 |
| Director of Budget and Management, and the participating | 111874 |
| government entities that will receive the applicable procurement. | 111875 |
| If the Director of Administrative Services chooses to recover the | 111876 |
| costs through intrastate transfer voucher billings, the | 111877 |
| participating government entities shall process the intrastate | 111878 |
| transfer vouchers to pay for the cost. | 111879 |
| Amounts received under this section for the Leveraged | 111880 |
| Enterprise Purchases Program shall be deposited to the credit of | 111881 |
| the IT Governance Fund (Fund 2290). | 111882 |
| Section 207.20.70. INFORMATION TECHNOLOGY ASSESSMENT | 111883 |
| The Director of Administrative Services, with the approval | 111884 |
| of the Director of Budget and Management, may establish an | 111885 |
| information technology assessment for the purpose of recovering | 111886 |
| the cost of selected infrastructure and statewide programs. The | 111887 |
| information technology assessment shall be charged to all | 111888 |
| organized bodies, offices, or agencies established by the laws of | 111889 |
| the state for the exercise of any function of state government | 111890 |
| except for the General Assembly, any legislative agency, the | 111891 |
| Supreme Court, the other courts of record in Ohio, or any | 111892 |
| judicial agency, the Adjutant General, the Bureau of Workers' | 111893 |
| Compensation, and institutions administered by a board of | 111894 |
| trustees. Any state-entity exempted by this section may use the | 111895 |
| infrastructure or statewide program by participating in the | 111896 |
| information technology assessment. All charges for the | 111897 |
| information technology assessment shall be deposited to the | 111898 |
| credit of the IT Governance Fund (Fund 2290). | 111899 |
| Section 207.20.80. INVESTMENT RECOVERY FUND | 111900 |
| Notwithstanding division (B) of section 125.14 of the Revised | 111901 |
| Code, cash balances in the Investment Recovery Fund (Fund 4270) | 111902 |
| may be used to support the operating expenses of the Federal | 111903 |
| Surplus Operating Program created in sections 125.84 to 125.90 of | 111904 |
| the Revised Code. | 111905 |
| Notwithstanding division (B) of section 125.14 of the Revised | 111906 |
| Code, cash balances in the Investment Recovery Fund may be used to | 111907 |
| support the operating expenses of the Asset Management Services | 111908 |
| Program, including, but not limited to, the cost of establishing | 111909 |
| and maintaining procedures for inventory records for state | 111910 |
| property as described in section 125.16 of the Revised Code. | 111911 |
| Of the foregoing appropriation item 100602, Investment | 111912 |
| Recovery, up to $2,093,564 in fiscal year 2010 and up to | 111913 |
| $2,107,388 in fiscal year 2011 shall be used to pay the operating | 111914 |
| expenses of the State Surplus Property Program, the Surplus | 111915 |
| Federal Property Program, and the Asset Management Services | 111916 |
| Program under Chapter 125. of the Revised Code and this section. | 111917 |
| If additional appropriations are necessary for the operations of | 111918 |
| these programs, the Director of Administrative Services shall seek | 111919 |
| increased appropriations from the Controlling Board under section | 111920 |
| 131.35 of the Revised Code. | 111921 |
| Of the foregoing appropriation item 100602, Investment | 111922 |
| Recovery, $3,590,000 in fiscal year 2010 and $3,576,176 in fiscal | 111923 |
| year 2011 shall be used to transfer proceeds from the sale of | 111924 |
| surplus property from the Investment Recovery Fund to non-General | 111925 |
| Revenue Funds under division (A)(2) of section 125.14 of the | 111926 |
| Revised Code. If it is determined by the Director of | 111927 |
| Administrative Services that additional amounts are necessary for | 111928 |
| the transfer of such sale proceeds, the Director of Administrative | 111929 |
| Services may request the Director of Budget and Management to | 111930 |
| authorize additional amounts. Such authorized additional amounts | 111931 |
| are hereby appropriated. | 111932 |
| Section 207.20.90. DAS INFORMATION SERVICES | 111933 |
| There is hereby established in the State Treasury the DAS | 111934 |
| Information Services Fund. The foregoing appropriation item | 111935 |
| 100603, DAS Information Services, shall be used to pay the costs | 111936 |
| of providing information systems and services in the Department of | 111937 |
| Administrative Services. Any state agency, board, or commission | 111938 |
| may use DAS Information Services by paying for the services | 111939 |
| rendered. | 111940 |
| The Department of Administrative Services shall establish | 111941 |
| user charges for all information systems and services that are | 111942 |
| allowable in the statewide indirect cost allocation plan submitted | 111943 |
| annually to the United States Department of Health and Human | 111944 |
| Services. These charges shall comply with federal regulations and | 111945 |
| shall be deposited to the credit of the DAS Information Services | 111946 |
| Fund (Fund 4P30). | 111947 |
| Section 207.30.10. ADMINISTRATIVE HEARINGS | 111948 |
| There is hereby created in the State Treasury the | 111949 |
| Administrative Hearings Fund (Fund 5DQ0). The fund shall be under | 111950 |
| the supervision of the Department of Administrative Services and | 111951 |
| shall be used to pay the costs of operating shared, centralized | 111952 |
| administrative-adjudicatory services in the Department of | 111953 |
| Administrative Services. Money collected from charges to state | 111954 |
| agencies for adjudicatory services provided by the Department of | 111955 |
| Administrative Services shall be credited to the fund. The | 111956 |
| foregoing appropriation item 100638, Administrative Hearings, | 111957 |
| shall be used to make payments from the fund. | 111958 |
| With the approval of the Director of Budget and Management, | 111959 |
| the Department of Administrative Services shall establish user | 111960 |
| charges to recover the costs of providing adjudicatory services in | 111961 |
| fiscal years 2010 and 2011. The charges shall be established at | 111962 |
| amounts sufficient to pay the costs of providing services and an | 111963 |
| amount to provide operating cash flow for the fund. The charges | 111964 |
| shall be billed to state agencies that receive | 111965 |
| administrative-adjudicatory services and deposited via intrastate | 111966 |
| transfer vouchers to the credit of the Administrative Hearings | 111967 |
| Fund (Fund 5DQ0). | 111968 |
| The Director of Administrative Services shall submit a | 111969 |
| spending plan to the Director of Budget and Management to justify | 111970 |
| operating transfers to Fund 5DQ0 from the operating funds of state | 111971 |
| agencies that receive administrative-adjudicatory services. The | 111972 |
| spending plan shall identify the state agencies participating in | 111973 |
| the initial receipt of administrative-adjudicatory services, the | 111974 |
| proportion of services to be received by each agency, and the | 111975 |
| funding source from which the operating transfer shall be made. | 111976 |
| Upon approval of the plan, the Director of Budget and Management | 111977 |
| may transfer an amount in cash, not to exceed a total of $200,000, | 111978 |
| from the funds identified in the plan to Fund 5DQ0. The amounts | 111979 |
| shall support the establishment of an Office of Administrative | 111980 |
| Hearings. | 111981 |
| The Director of Administrative Services shall prepare a plan | 111982 |
| for the return of cash balances transferred from the operating | 111983 |
| funds of state agencies that receive administrative-adjudicatory | 111984 |
| services under this section. This plan shall be submitted to the | 111985 |
| Director of Budget and Management when the Department of | 111986 |
| Administrative Services files with the Director of Budget and | 111987 |
| Management its estimate of proposed expenditures for the biennium | 111988 |
| beginning July 1, 2011. Upon approval of the plan, the Director of | 111989 |
| Budget and Management shall make the cash transfers specified in | 111990 |
| the plan. | 111991 |
| Section 207.30.30. CASH TRANSFER TO OAKS SUPPORT | 111992 |
| ORGANIZATION FUND | 111993 |
| The Director of Budget and Management may transfer | 111994 |
| $1,317,922.16 in cash from the IT Services Delivery Fund (Fund | 111995 |
| 1330) to the OAKS Support Organization Fund (5EB0) to correct an | 111996 |
| intrastate transfer voucher from the Department of Administrative | 111997 |
| Services that was deposited in the IT Services Delivery Fund. | 111998 |
| Section 207.30.40. PROFESSIONAL DEVELOPMENT FUND | 111999 |
| The foregoing appropriation item 100610, Professional | 112000 |
| Development, shall be used to make payments from the Professional | 112001 |
| Development Fund (Fund 5L70) under section 124.182 of the Revised | 112002 |
| Code. | 112003 |
| Section 207.30.50. EMPLOYEE EDUCATIONAL DEVELOPMENT | 112004 |
| The foregoing appropriation item 100619, Employee | 112005 |
| Educational Development, shall be used to make payments from the | 112006 |
| Employee Educational Development Fund (Fund 5V60) under section | 112007 |
| 124.86 of the Revised Code. The fund shall be used to pay the | 112008 |
| costs of administering educational programs under existing | 112009 |
| collective bargaining agreements with District 1199, the Health | 112010 |
| Care and Social Service Union; State Council of Professional | 112011 |
| Educators; Ohio Education Association and National Education | 112012 |
| Association; the Fraternal Order of Police Ohio Labor Council, | 112013 |
| Unit 2; and the Ohio State Troopers Association, Units 1 and 15. | 112014 |
| If it is determined by the Director of Administrative | 112015 |
| Services that additional amounts are necessary, the Director of | 112016 |
| Administrative Services may request that the Director of Budget | 112017 |
| and Management approve additional amounts. Such approved | 112018 |
| additional amounts are hereby appropriated. | 112019 |
| Section 207.30.60. CENTRALIZED GATEWAY ENHANCEMENT FUND | 112020 |
| (A) As used in this section, "Ohio Business Gateway" refers | 112021 |
| to the internet-based system operated by the Department of | 112022 |
| Administrative Services with the advice of the Ohio Business | 112023 |
| Gateway Steering Committee established under section 5703.57 of | 112024 |
| the Revised Code. The Ohio Business Gateway is established to | 112025 |
| provide businesses a central web site where various filings and | 112026 |
| payments are submitted on-line to government. The information is | 112027 |
| then distributed to the various government entities that | 112028 |
| interact with the business community. | 112029 |
| (B) As used in this section: | 112030 |
| (1) "State Portal" refers to the official web site of the | 112031 |
| state, operated by the Department of Administrative Services. | 112032 |
| (2) "Shared Hosting Environment" refers to the computerized | 112033 |
| system operated by the Department of Administrative Services for | 112034 |
| the purpose of providing capability for state agencies to host | 112035 |
| web sites. | 112036 |
| (C) There is hereby created in the state treasury the | 112037 |
| Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing | 112038 |
| appropriation item 100634, Centralized Gateway Enhancement, shall | 112039 |
| be used by the Department of Administrative Services to pay the | 112040 |
| costs of enhancing, expanding, and operating the infrastructure | 112041 |
| of the Ohio Business Gateway, State Portal, and Shared Hosting | 112042 |
| Environment. The Director of Administrative Services shall submit | 112043 |
| spending plans to the Director of Budget and Management to | 112044 |
| justify operating transfers to the fund from the General | 112045 |
| Revenue Fund. Upon approval, the Director of Budget and | 112046 |
| Management shall transfer approved amounts to the fund, not to | 112047 |
| exceed the amount of the annual appropriation in each fiscal | 112048 |
| year. The spending plans may be based on the recommendations of | 112049 |
| the Ohio Business Gateway Steering Committee or its successor. | 112050 |
| Section 207.30.70. MAJOR IT PURCHASES AND CONTRACTS | 112051 |
| The Director of Administrative Services shall compute the | 112052 |
| amount of revenue attributable to the amortization of all | 112053 |
| equipment purchases and capitalized systems from appropriation | 112054 |
| item 100607, IT Services Delivery; appropriation item 100617, | 112055 |
| Major IT Purchases; and appropriation item C10014, Major Computer | 112056 |
| Purchases, which is recovered by the Department of Administrative | 112057 |
| Services as part of the rates charged by the IT Service Delivery | 112058 |
| Fund (Fund 1330) created in section 125.15 of the Revised Code. | 112059 |
| The Director of Budget and Management may transfer cash in an | 112060 |
| amount not to exceed the amount of amortization computed from | 112061 |
| the IT Service Delivery Fund (Fund 1330) to the Major IT | 112062 |
| Purchases Fund (Fund 4N60). | 112063 |
| Section 207.30.80. CASH TRANSFERS FROM THE MAJOR IT PURCHASES | 112064 |
| FUND | 112065 |
| Upon request of the Director of Administrative Services, the | 112066 |
| Director of Budget and Management may make the following transfers | 112067 |
| from the Major IT Purchases Fund (Fund 4N60): | 112068 |
| (1) Up to $2,800,000 in each fiscal year of the biennium to | 112069 |
| the State Architect's Fund (Fund 1310) to support the OAKS Capital | 112070 |
| Improvements Module and other costs of the State Architect's | 112071 |
| Office that are not directly related to capital projects managed | 112072 |
| by the State Architect; | 112073 |
| (2) Up to $457,467 in fiscal year 2010 and up to $471,630 in | 112074 |
| fiscal year 2011 to the Director's Office Fund (Fund 1120) to | 112075 |
| support operating expenses of the Accountability and Results | 112076 |
| Initiative; | 112077 |
| (3) Up to $4,000,000 in fiscal year 2010 and up to $1,000,000 | 112078 |
| in fiscal year 2011 to the OAKS Support Organization Fund (Fund | 112079 |
| 5EB0) to support OAKS operating costs not billed to the Office of | 112080 |
| Budget and Management's Accounting and Budgeting Fund (Fund 1050), | 112081 |
| to the Department of Administrative Services' Human Resources | 112082 |
| Services Fund (Fund 1250), or paid from other funds of the | 112083 |
| Department of Administrative Services; and | 112084 |
| (4) Up to $639,945 in each fiscal year of the biennium to the | 112085 |
| General Revenue Fund. | 112086 |
| Upon approval of the Director of Budget and Management, the | 112087 |
| transferred amounts to non-GRF funds are appropriated in the | 112088 |
| designated fiscal years to the following appropriation items: | 112089 |
| 100639, State Architect's Office (Fund 1310) in each fiscal year | 112090 |
| 2010 and fiscal year 2011; 100616, DAS Administration (Fund | 112091 |
| 1120) in both fiscal year 2010 and fiscal year 2011; and 100635, | 112092 |
| OAKS Support Organization (Fund 5EB0) in fiscal year 2010 only. | 112093 |
| Section 207.30.90. CORRECTIVE CASH TRANSFER TO INFORMATION | 112094 |
| TECHNOLOGY FUND | 112095 |
| On July 1, 2009, or as soon as possible thereafter, the | 112096 |
| Director of Budget and Management shall transfer $7,768.37 in cash | 112097 |
| from the Unemployment Compensation Fund (Fund 1130) to the | 112098 |
| Information Technology Fund (Fund 1330). This transfer corrects a | 112099 |
| deposit of revenue that was made to Fund 1130. Upon completion of | 112100 |
| the transfer, Fund 1130 is abolished. | 112101 |
| Section 207.40.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM | 112102 |
| DEBT SERVICE PAYMENTS | 112103 |
| The Director of Administrative Services, in consultation with | 112104 |
| the Multi-Agency Radio Communication System (MARCS) Steering | 112105 |
| Committee and the Director of Budget and Management, shall | 112106 |
| determine the share of debt service payments attributable to | 112107 |
| spending for MARCS components that are not specific to any one | 112108 |
| agency and that shall be charged to agencies supported by the | 112109 |
| motor fuel tax. Such share of debt service payments shall be | 112110 |
| calculated for MARCS capital disbursements made beginning July 1, | 112111 |
| 1997. Within thirty days of any payment made from appropriation | 112112 |
| item 100447, OBA - Building Rent Payments, the Director of | 112113 |
| Administrative Services shall certify to the Director of Budget | 112114 |
| and Management the amount of this share. The Director of Budget | 112115 |
| and Management shall transfer such amounts to the General Revenue | 112116 |
| Fund from the State Highway Safety Fund (Fund 7036) established in | 112117 |
| section 4501.06 of the Revised Code. | 112118 |
| The Director of Administrative Services shall consider | 112119 |
| renting or leasing existing tower sites at reasonable or current | 112120 |
| market rates, so long as these existing sites are equipped with | 112121 |
| the technical capabilities to support the MARCS project. | 112122 |
| Section 207.40.20. ACCOUNTABILITY AND RESULTS FUND | 112123 |
| There is hereby created in the state treasury the | 112124 |
| Accountability and Results Fund (Fund 5GD0) for use by the | 112125 |
| Department of Administrative Services. The Accountability and | 112126 |
| Results Fund shall consist of gifts, grants, devises, bequests, | 112127 |
| and other financial contributions made to the Department of | 112128 |
| Administrative Services for the purchase of services, supplies, or | 112129 |
| equipment for the Accountability and Results Initiative. All | 112130 |
| investment earnings of the fund shall be credited to the fund. | 112131 |
| Section 207.40.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY | 112132 |
| Whenever the Director of Administrative Services declares a | 112133 |
| "public exigency," as provided in division (C) of section 123.15 | 112134 |
| of the Revised Code, the Director shall also notify the members of | 112135 |
| the Controlling Board. | 112136 |
| Section 207.40.40. GRF TRANSFER TO STATE EQUAL EMPLOYMENT | 112137 |
| OPPORTUNITY FUND | 112138 |
| On July 1 of each fiscal year, or as soon as possible | 112139 |
| thereafter, the Director of Budget and Management shall transfer | 112140 |
| $500,000 cash from the General Revenue Fund to the State Equal | 112141 |
| Employment Opportunity Fund (Fund 1880) used by the Department of | 112142 |
| Administrative Services. | 112143 |
| Section 209.10. AGE DEPARTMENT OF AGING | 112144 |
| General Revenue Fund | 112145 |
| GRF | 490321 | Operating Expenses | $ | 2,109,817 | $ | 2,109,817 | 112146 | ||||
| GRF | 490409 | AmeriCorps Operations | $ | 147,034 | $ | 147,034 | 112147 | ||||
| GRF | 490410 | Long-Term Care Ombudsman | $ | 535,857 | $ | 535,857 | 112148 | ||||
| GRF | 490411 | Senior Community Services | $ | 8,434,134 | $ | 8,434,134 | 112149 | ||||
| GRF | 490412 | Residential State Supplement | $ | 7,325,417 | $ | 7,325,417 | 112150 | ||||
| GRF | 490414 | Alzheimer's Respite | $ | 3,644,277 | $ | 3,685,593 | 112151 | ||||
| GRF | 490416 | JCFS Community Options | $ | 240,000 | $ | 240,000 | 112152 | ||||
| GRF | 490423 | Long Term Care Budget - State | $ | 113,116,967 | $ | 149,517,603 | 112153 | ||||
| GRF | 490506 | National Senior Service Corps | $ | 268,237 | $ | 268,237 | 112154 | ||||
| GRF | 490625 | Alzheimer's Respite - Federal Stimulus | $ | 512,318 | $ | 471,002 | 112155 | ||||
| TOTAL GRF General Revenue Fund | $ | 136,334,058 | $ | 172,734,694 | 112156 | ||||||
| General Services Fund Group | 112157 |
| 4800 | 490606 | Senior Community Outreach and Education | $ | 372,677 | $ | 372,677 | 112158 | ||||
| TOTAL GSF General Services Fund | 112159 | ||||||||||
| Group | $ | 372,677 | $ | 372,677 | 112160 | ||||||
| Federal Special Revenue Fund Group | 112161 |
| 3220 | 490618 | Federal Aging Grants | $ | 10,200,000 | $ | 10,200,000 | 112162 | ||||
| 3C40 | 490623 | Long Term Care Budget | $ | 350,162,957 | $ | 340,193,418 | 112163 | ||||
| 3M40 | 490612 | Federal Independence Services | $ | 63,655,080 | $ | 63,655,080 | 112164 | ||||
| 3R70 | 490617 | AmeriCorps Programs | $ | 8,870,000 | $ | 8,870,000 | 112165 | ||||
| TOTAL FED Federal Special Revenue | 112166 | ||||||||||
| Fund Group | $ | 432,888,037 | $ | 422,918,498 | 112167 | ||||||
| State Special Revenue Fund Group | 112168 |
| 4C40 | 490609 | Regional Long-Term Care Ombudsman Program | $ | 935,000 | $ | 935,000 | 112169 | ||||
| 4J40 | 490610 | PASSPORT/Residential State Supplement | $ | 33,263,984 | $ | 33,263,984 | 112170 | ||||
| 4U90 | 490602 | PASSPORT Fund | $ | 4,424,969 | $ | 4,424,969 | 112171 | ||||
| 5AA0 | 490673 | Ohio's Best Rx Administration | $ | 910,801 | $ | 0 | 112172 | ||||
| 5BA0 | 490620 | Ombudsman Support | $ | 600,000 | $ | 600,000 | 112173 | ||||
| 5K90 | 490613 | Long Term Care Consumers Guide | $ | 820,400 | $ | 820,400 | 112174 | ||||
| 5W10 | 490616 | Resident Services Coordinator Program | $ | 330,000 | $ | 330,000 | 112175 | ||||
| 6240 | 490604 | OCSC Community Support | $ | 470,000 | $ | 470,000 | 112176 | ||||
| TOTAL SSR State Special Revenue | 112177 | ||||||||||
| Fund Group | $ | 41,755,154 | $ | 40,844,353 | 112178 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 611,349,926 | $ | 636,870,222 | 112179 | ||||||
| Section 209.20. LONG-TERM CARE | 112181 |
| Pursuant to an interagency agreement, the Department of Job | 112182 |
| and Family Services shall designate the Department of Aging to | 112183 |
| perform assessments under section 5111.204 of the Revised Code. | 112184 |
| The Department of Aging shall provide long-term care consultations | 112185 |
| under section 173.42 of the Revised Code to assist individuals in | 112186 |
| planning for their long-term health care needs. The foregoing | 112187 |
| appropriation items 490423, Long Term Care Budget – State, and | 112188 |
| 490623, Long Term Care Budget, may be used to provide the | 112189 |
| preadmission screening and resident review (PASRR), which includes | 112190 |
| screening, assessments, and determinations made under sections | 112191 |
| 5111.02, 5111.204, 5119.061, and 5123.021 of the Revised Code. | 112192 |
| The foregoing appropriation items 490423, Long Term Care | 112193 |
| Budget - State, and 490623, Long Term Care Budget, may be used to | 112194 |
| assess and provide long-term care consultations to clients | 112195 |
| regardless of Medicaid eligibility. | 112196 |
| The Director of Aging shall adopt rules under section 111.15 | 112197 |
| of the Revised Code governing the nonwaiver funded PASSPORT | 112198 |
| program, including client eligibility. The foregoing appropriation | 112199 |
| item 490423, Long Term Care Budget - State, may be used by the | 112200 |
| Department of Aging to provide nonwaiver funded PASSPORT services | 112201 |
| to persons the Department has determined to be eligible to | 112202 |
| participate in the nonwaiver funded PASSPORT Program, including | 112203 |
| those persons not yet determined to be financially eligible to | 112204 |
| participate in the Medicaid waiver component of the PASSPORT | 112205 |
| Program by a county department of job and family services. | 112206 |
| The Department of Aging shall administer the Medicaid | 112207 |
| waiver-funded PASSPORT Home Care Program, the Choices Program, the | 112208 |
| Assisted Living Program, and the PACE Program as delegated by the | 112209 |
| Department of Job and Family Services in an interagency agreement. | 112210 |
| The foregoing appropriation item 490423, Long Term Care Budget - | 112211 |
| State, shall be used to provide the required state match for | 112212 |
| federal Medicaid funds supporting the Medicaid Waiver-funded | 112213 |
| PASSPORT Home Care Program, the Choices Program, the Assisted | 112214 |
| Living Program, and the PACE Program. The foregoing appropriation | 112215 |
| items 490423, Long Term Care Budget - State, and 490623, Long Term | 112216 |
| Care Budget, may also be used to support the Department of Aging's | 112217 |
| administrative costs associated with operating the PASSPORT, | 112218 |
| Choices, Assisted Living, and PACE programs. | 112219 |
| The foregoing appropriation item 490623, Long Term Care | 112220 |
| Budget, shall be used to provide the federal matching share for | 112221 |
| all program costs determined by the Department of Job and Family | 112222 |
| Services to be eligible for Medicaid reimbursement. | 112223 |
| Of the foregoing appropriation item 490423, Long Term Care | 112224 |
| Budget - State, $200,000 in each fiscal year shall be allocated to | 112225 |
| the Visiting Nurse Association Health Care Partners of Ohio for | 112226 |
| the Chronic Disease Management Home Health Aide Workforce Training | 112227 |
| Program. | 112228 |
| HOME FIRST PROGRAM | 112229 |
| (A) As used in this section, "Long Term Care Budget Services" | 112230 |
| includes the following existing programs: PASSPORT, Assisted | 112231 |
| Living, Residential State Supplement, and PACE. | 112232 |
| (B) On a quarterly basis, on receipt of the certified | 112233 |
| expenditures related to sections 173.401, 173.351, and 5111.894 of | 112234 |
| the Revised Code, the Director of Budget and Management may do | 112235 |
| all of the following for fiscal years 2010 and 2011: | 112236 |
| (1) Transfer cash from the Nursing Facility Stabilization | 112237 |
| Fund (Fund 5R20), used by the Department of Job and Family | 112238 |
| Services, to the PASSPORT/Residential State Supplement Fund (Fund | 112239 |
| 4J40), used by the Department of Aging. | 112240 |
| The transferred cash is hereby appropriated to appropriation | 112241 |
| item 490610, PASSPORT/Residential State Supplement. | 112242 |
| (2) If receipts credited to the PASSPORT Fund (Fund 3C40) | 112243 |
| exceed the amounts appropriated from the fund, the Director of | 112244 |
| Aging may request the Director of Budget and Management to | 112245 |
| authorize expenditures from the fund in excess of the amounts | 112246 |
| appropriated. Upon the approval of the Director of Budget and | 112247 |
| Management, the additional amounts are hereby appropriated. | 112248 |
| (3) If receipts credited to the Interagency Reimbursement | 112249 |
| Fund (Fund 3G50) exceed the amounts appropriated from the fund, | 112250 |
| the Director of Job and Family Services may request the Director | 112251 |
| of Budget and Management to authorize expenditures from the fund | 112252 |
| in excess of the amounts appropriated. Upon the approval of the | 112253 |
| Director of Budget and Management, the additional amounts are | 112254 |
| hereby appropriated. | 112255 |
| (C) The individuals placed in Long Term Care Budget Services | 112256 |
| pursuant to this section shall be in addition to the individuals | 112257 |
| placed in Long Term Care Budget Services during fiscal years 2010 | 112258 |
| and 2011 before any transfers to appropriation item 490423, Long | 112259 |
| Term Care Budget-State, are made under this section. | 112260 |
| ALLOCATION OF PACE SLOTS | 112261 |
| In order to effectively administer and manage growth within | 112262 |
| the PACE Program, the Director of Aging may, as the director deems | 112263 |
| appropriate and to the extent funding is available, expand the | 112264 |
| PACE Program to regions of Ohio beyond those currently served by | 112265 |
| the PACE Program between the PACE sites in Cleveland and | 112266 |
| Cincinnati. In implementing the expansion, the Director may not | 112267 |
| decrease to less than eight hundred eighty the number of PACE | 112268 |
| Program slots that are made available to eligible residents of | 112269 |
| Cuyahoga and Hamilton counties and the parts of Butler, Clermont, | 112270 |
| and Warren counties in which the PACE Program is being operated on | 112271 |
| the effective date of this section. | 112272 |
| Section 209.30. OHIO COMMUNITY SERVICE COUNCIL | 112273 |
| The foregoing appropriation items 490409, AmeriCorps | 112274 |
| Operations, and 490617, AmeriCorps Programs, shall be used in | 112275 |
| accordance with section 121.40 of the Revised Code. | 112276 |
| LONG-TERM CARE OMBUDSMAN | 112277 |
| The foregoing appropriation item 490410, Long-Term Care | 112278 |
| Ombudsman, shall be used for a program to fund ombudsman program | 112279 |
| activities as authorized in sections 173.14 to 173.27 and section | 112280 |
| 173.99 of the Revised Code. | 112281 |
| SENIOR COMMUNITY SERVICES | 112282 |
| The foregoing appropriation item 490411, Senior Community | 112283 |
| Services, shall be used for services designated by the Department | 112284 |
| of Aging, including, but not limited to, home-delivered and | 112285 |
| congregate meals, transportation services, personal care | 112286 |
| services, respite services, adult day services, home repair, care | 112287 |
| coordination, and decision support systems. Service priority | 112288 |
| shall be given to low income, frail, and cognitively impaired | 112289 |
| persons 60 years of age and over. The department shall promote | 112290 |
| cost sharing by service recipients for those services funded with | 112291 |
| senior community services funds, including, when possible, | 112292 |
| sliding-fee scale payment systems based on the income of service | 112293 |
| recipients. | 112294 |
| RESIDENTIAL STATE SUPPLEMENT | 112295 |
| Under the Residential State Supplement Program, the amount | 112296 |
| used to determine whether a resident is eligible for payment and | 112297 |
| for determining the amount per month the eligible resident will | 112298 |
| receive shall be as follows: | 112299 |
| (A) $927 for a residential care facility, as defined in | 112300 |
| section 3721.01 of the Revised Code; | 112301 |
| (B) $927 for an adult group home, as defined in Chapter 3722. | 112302 |
| of the Revised Code; | 112303 |
| (C) $824 for an adult foster home, as defined in Chapter 173. | 112304 |
| of the Revised Code; | 112305 |
| (D) $824 for an adult family home, as defined in Chapter | 112306 |
| 3722. of the Revised Code; | 112307 |
| (E) $824 for an adult residential facility, as defined in | 112308 |
| Chapter 5119. of the Revised Code; | 112309 |
| (F) $618 for adult community mental health housing services, | 112310 |
| as defined in division (B)(5) of section 173.35 of the Revised | 112311 |
| Code. | 112312 |
| The Departments of Aging and Job and Family Services shall | 112313 |
| reflect these amounts in any applicable rules the departments | 112314 |
| adopt under section 173.35 of the Revised Code. | 112315 |
| TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS | 112316 |
| The foregoing appropriation items 490412, Residential State | 112317 |
| Supplement, and 490610, PASSPORT/Residential State Supplement, may | 112318 |
| be used by the Director of Aging to transfer cash to the Home and | 112319 |
| Community Based Services for the Aged Fund (Fund 4J50), which is | 112320 |
| used by the Department of Job and Family Services and the | 112321 |
| Residential State Supplement Fund (Fund 5CH0), used by the | 112322 |
| Department of Mental Health. The transferred cash shall be used | 112323 |
| to make benefit payments to residential state supplement | 112324 |
| recipients. The transfer shall be made using an intrastate | 112325 |
| transfer voucher. | 112326 |
| ALZHEIMER'S RESPITE | 112327 |
| The foregoing appropriation item 490414, Alzheimer's Respite, | 112328 |
| shall be used to fund only Alzheimer's disease services under | 112329 |
| section 173.04 of the Revised Code. | 112330 |
| JCFS COMMUNITY OPTIONS | 112331 |
| Of the foregoing appropriation item 490416, JCFS Community | 112332 |
| Options, $80,000 in each fiscal year shall be allocated to the | 112333 |
| Cleveland Jewish Community Center, $70,000 in each fiscal year | 112334 |
| shall be allocated to the Cincinnati Jewish Vocational Services, | 112335 |
| $70,000 in each fiscal year shall be allocated to the Wexner | 112336 |
| Heritage Village, and $20,000 in each fiscal year shall be | 112337 |
| allocated to the Columbus Jewish Community Center. | 112338 |
| ALZHEIMER'S RESPITE – FEDERAL STIMULUS | 112339 |
| The foregoing appropriation item 490625, Alzheimer's Respite | 112340 |
| – Federal Stimulus, shall be used to fund only Alzheimer's disease | 112341 |
| services under section 173.04 of the Revised Code. | 112342 |
| EDUCATION AND TRAINING | 112343 |
| The foregoing appropriation item 490606, Senior Community | 112344 |
| Outreach and Education, may be used to provide training to workers | 112345 |
| in the field of aging pursuant to division (G) of section 173.02 | 112346 |
| of the Revised Code. | 112347 |
| REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM | 112348 |
| The foregoing appropriation item 490609, Regional Long-Term | 112349 |
| Care Ombudsman, shall be used to pay the costs of operating the | 112350 |
| regional long-term care ombudsman programs designated by the | 112351 |
| Long-Term Care Ombudsman. | 112352 |
| PASSPORT/RESIDENTIAL STATE SUPPLEMENT | 112353 |
| The foregoing appropriation item 490610, PASSPORT/Residential | 112354 |
| State Supplement, may be used to fund the Residential State | 112355 |
| Supplement Program. The remaining available funds shall be used to | 112356 |
| fund the PASSPORT program. | 112357 |
| TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES | 112358 |
| AND FEDERAL AGING GRANTS | 112359 |
| At the request of the Director of Aging, the Director of | 112360 |
| Budget and Management may transfer appropriation between | 112361 |
| appropriation items 490612, Federal Independence Services, and | 112362 |
| 490618, Federal Aging Grants. The amounts transferred shall not | 112363 |
| exceed 30 per cent of the appropriation from which the transfer | 112364 |
| is made. Any transfers shall be reported by the Department of | 112365 |
| Aging to the Controlling Board at the next scheduled meeting of | 112366 |
| the board. | 112367 |
| TRANSFER OF RESIDENT PROTECTION FUNDS | 112368 |
| In each fiscal year, the Director of Budget and Management | 112369 |
| may transfer $600,000 cash from the Resident Protection Fund | 112370 |
| (Fund 4E30), which is used by the Department of Job and Family | 112371 |
| Services, to the Ombudsman Support Fund (Fund 5BA0), which is | 112372 |
| used by the Department of Aging. | 112373 |
| Section 209.40. UNIFIED LONG-TERM CARE BUDGET WORKGROUP | 112374 |
| (A) There is hereby created the Unified Long-Term Care Budget | 112375 |
| Workgroup. The Workgroup shall consist of the following members: | 112376 |
| (1) The Director of Aging; | 112377 |
| (2) Consumer advocates, representatives of the provider | 112378 |
| community, and state policy makers, appointed by the Governor; | 112379 |
| (3) Two members of the House of Representatives, one member | 112380 |
| from the majority party and one member from the minority party, | 112381 |
| appointed by the Speaker of the House of Representatives; | 112382 |
| (4) Two members of the Senate, one member from the majority | 112383 |
| party and one member from the minority party, appointed by the | 112384 |
| President of the Senate. | 112385 |
| The Director of Aging shall serve as the chairperson of the | 112386 |
| Workgroup. | 112387 |
| The Workgroup shall be staffed by the departments of Aging | 112388 |
| and Job and Family Services. | 112389 |
| (B) The Workgroup shall develop a unified long-term care | 112390 |
| budget that facilitates the following: | 112391 |
| (1) Providing a consumer a choice of services that meet the | 112392 |
| consumer's health care needs and improve the consumer's quality of | 112393 |
| life; | 112394 |
| (2) Providing a continuum of services that meet the needs of | 112395 |
| a consumer throughout life; | 112396 |
| (3) Consolidating policymaking authority and the associated | 112397 |
| budgets in a single entity to simplify the consumer's decision | 112398 |
| making and maximize the state's flexibility in meeting the | 112399 |
| consumer's needs; | 112400 |
| (4) Assuring the state has a system that is cost effective | 112401 |
| and links disparate services across agencies and jurisdictions. | 112402 |
| (C) On an annual basis, the Directors of Aging, Job and | 112403 |
| Family Services, and Budget and Management shall submit a written | 112404 |
| report to the Speaker of the House of Representatives, the | 112405 |
| Minority Leader of the House of Representatives, the President of | 112406 |
| the Senate, the Minority Leader of the Senate, and the members of | 112407 |
| the Joint Legislative Committee on Medicaid Technology and Reform | 112408 |
| describing the progress towards establishing, or if already | 112409 |
| established, the effectiveness of the unified long-term care | 112410 |
| budget. | 112411 |
| (D) In support of the Workgroup's proposal, the Director of | 112412 |
| Budget and Management may seek Controlling Board approval to | 112413 |
| transfer cash from the Nursing Facility Stabilization Fund (Fund | 112414 |
| 5R20), used by the Department of Job and Family Services, to the | 112415 |
| PASSPORT/Residential State Supplement Fund (Fund 4J40), used by | 112416 |
| the Department of Aging. | 112417 |
| Any transfers of cash approved by the Controlling Board under | 112418 |
| this section are hereby appropriated to appropriation item 490610, | 112419 |
| PASSPORT/Residential State Supplement. | 112420 |
| Section 209.50. OHIO'S BEST RX PROGRAM | 112421 |
| OHIO'S BEST RX ADMINISTRATION | 112422 |
| On and after July 1, 2009, the Director of Aging may take any | 112423 |
| actions necessary to conclude the operation of the Ohio's Best Rx | 112424 |
| Program and settle all accounts with drug manufacturers and | 112425 |
| terminal distributors of dangerous drugs that had program | 112426 |
| agreements in effect on June 30, 2009. As appropriate, the | 112427 |
| Director's actions shall be taken in accordance with the | 112428 |
| provisions of former sections 173.71 to 173.91 of the Revised | 112429 |
| Code, as those sections existed on June 30, 2009. The Director | 112430 |
| shall make every effort to conclude the program by July 31, 2009, | 112431 |
| but any program accounts with drug manufacturers and terminal | 112432 |
| distributors that remain open after that date may be settled until | 112433 |
| October 1, 2009. | 112434 |
| On August 1, 2009, or as soon as possible thereafter, the | 112435 |
| Director of Budget and Management shall transfer the cash balance | 112436 |
| in the Ohio's Best Rx Administration Fund (Fund 5AA0) to the | 112437 |
| General Revenue Fund. Fund 5AA0 shall remain open after the | 112438 |
| transfer to allow program accounts to be settled with drug | 112439 |
| manufacturers and terminal distributors pursuant to this section. | 112440 |
| On October 1, 2009, or as soon as possible thereafter, the | 112441 |
| Director of Budget and Management shall complete the final | 112442 |
| transfer of any cash balance in Fund 5AA0 to the General Revenue | 112443 |
| Fund. Upon completion of the transfer, Fund 5AA0 is abolished. | 112444 |
| The Director shall cancel any existing encumbrances against | 112445 |
| appropriation item 490673, Ohio's Best Rx Administration. | 112446 |
| Section 211.10. AGR DEPARTMENT OF AGRICULTURE | 112447 |
| General Revenue Fund | 112448 |
| GRF | 700401 | Animal Disease Control | $ | 3,617,777 | $ | 3,617,777 | 112449 | ||||
| GRF | 700403 | Dairy Division | $ | 1,110,277 | $ | 1,110,277 | 112450 | ||||
| GRF | 700404 | Ohio Proud | $ | 246,895 | $ | 246,895 | 112451 | ||||
| GRF | 700406 | Consumer Analytical Lab | $ | 1,256,469 | $ | 1,274,854 | 112452 | ||||
| GRF | 700407 | Food Safety | $ | 875,043 | $ | 875,043 | 112453 | ||||
| GRF | 700409 | Farmland Preservation | $ | 200,000 | $ | 200,000 | 112454 | ||||
| GRF | 700411 | International Trade and Market Development | $ | 531,440 | $ | 531,440 | 112455 | ||||
| GRF | 700412 | Weights and Measures | $ | 200,000 | $ | 200,000 | 112456 | ||||
| GRF | 700415 | Poultry Inspection | $ | 375,401 | $ | 375,401 | 112457 | ||||
| GRF | 700418 | Livestock Regulation Program | $ | 1,322,784 | $ | 1,353,676 | 112458 | ||||
| GRF | 700424 | Livestock Testing and Inspections | $ | 120,906 | $ | 120,906 | 112459 | ||||
| GRF | 700499 | Meat Inspection Program - State Share | $ | 4,920,926 | $ | 4,960,926 | 112460 | ||||
| GRF | 700501 | County Agricultural Societies | $ | 334,903 | $ | 334,903 | 112461 | ||||
| GRF | 700503 | Livestock Exhibition Fund | $ | 62,500 | $ | 62,500 | 112462 | ||||
| GRF | 700654 | Agriculture Operating - Federal Stimulus | $ | 1,107,035 | $ | 1,017,758 | 112463 | ||||
| TOTAL GRF General Revenue Fund | $ | 16,282,356 | $ | 16,282,356 | 112464 | ||||||
| General Services Fund Group | 112465 |
| 5DA0 | 700644 | Laboratory Administration Support | $ | 1,100,000 | $ | 1,100,000 | 112466 | ||||
| 5GH0 | 700655 | Central Support Indirect Cost | $ | 5,713,404 | $ | 5,713,404 | 112467 | ||||
| TOTAL GSF General Services Fund Group | $ | 6,813,404 | $ | 6,813,404 | 112468 | ||||||
| Federal Special Revenue Fund Group | 112469 |
| 3260 | 700618 | Meat Inspection Program - Federal Share | $ | 4,950,000 | $ | 4,950,000 | 112470 | ||||
| 3360 | 700617 | Ohio Farm Loan Revolving Fund | $ | 1,000,000 | $ | 1,000,000 | 112471 | ||||
| 3820 | 700601 | Cooperative Contracts | $ | 2,000,000 | $ | 2,000,000 | 112472 | ||||
| 3AB0 | 700641 | Agricultural Easement | $ | 1,000,000 | $ | 1,000,000 | 112473 | ||||
| 3J40 | 700607 | Indirect Cost | $ | 600,000 | $ | 600,000 | 112474 | ||||
| 3R20 | 700614 | Federal Plant Industry | $ | 1,000,000 | $ | 1,000,000 | 112475 | ||||
| TOTAL FED Federal Special Revenue | 112476 | ||||||||||
| Fund Group | $ | 10,550,000 | $ | 10,550,000 | 112477 | ||||||
| State Special Revenue Fund Group | 112478 |
| 4900 | 700651 | License Plates - Sustainable Agriculture | $ | 20,000 | $ | 20,000 | 112479 | ||||
| 4940 | 700612 | Agricultural Commodity Marketing Program | $ | 250,000 | $ | 250,000 | 112480 | ||||
| 4960 | 700626 | Ohio Grape Industries | $ | 849,999 | $ | 849,999 | 112481 | ||||
| 4970 | 700627 | Commodity Handlers Regulatory Program | $ | 496,000 | $ | 496,000 | 112482 | ||||
| 4C90 | 700605 | Commercial Feed and Seed | $ | 2,200,000 | $ | 2,200,000 | 112483 | ||||
| 4D20 | 700609 | Auction Education | $ | 41,000 | $ | 41,000 | 112484 | ||||
| 4E40 | 700606 | Utility Radiological Safety | $ | 134,631 | $ | 134,631 | 112485 | ||||
| 4P70 | 700610 | Food Safety Inspection | $ | 1,099,396 | $ | 1,099,396 | 112486 | ||||
| 4R00 | 700636 | Ohio Proud Marketing | $ | 10,500 | $ | 10,500 | 112487 | ||||
| 4R20 | 700637 | Dairy Industry Inspection | $ | 1,800,000 | $ | 1,800,000 | 112488 | ||||
| 4T60 | 700611 | Poultry and Meat Inspection | $ | 153,339 | $ | 153,339 | 112489 | ||||
| 4T70 | 700613 | Ohio Proud International and Domestic Market Development | $ | 15,000 | $ | 15,000 | 112490 | ||||
| 5780 | 700620 | Ride Inspection Fees | $ | 1,000,001 | $ | 1,000,001 | 112491 | ||||
| 5B80 | 700629 | Auctioneers | $ | 365,390 | $ | 365,390 | 112492 | ||||
| 5CP0 | 700652 | License Plate Scholarships | $ | 20,000 | $ | 20,000 | 112493 | ||||
| 5FB0 | 700647 | Fuel Quality Testing | $ | 25,000 | $ | 25,000 | 112494 | ||||
| 5FC0 | 700648 | Plant Pest Program | $ | 1,000,000 | $ | 1,000,000 | 112495 | ||||
| 5H20 | 700608 | Metrology Lab and Scale Certification | $ | 1,454,006 | $ | 1,454,006 | 112496 | ||||
| 5L80 | 700604 | Livestock Management Program | $ | 256,286 | $ | 256,286 | 112497 | ||||
| 6520 | 700634 | Animal and Consumer Analytical Laboratory | $ | 4,400,000 | $ | 4,400,000 | 112498 | ||||
| 6690 | 700635 | Pesticide, Fertilizer, and Lime Inspection Program | $ | 3,470,000 | $ | 3,470,000 | 112499 | ||||
| TOTAL SSR State Special Revenue | 112500 | ||||||||||
| Fund Group | $ | 19,060,548 | $ | 19,060,548 | 112501 | ||||||
| Clean Ohio Conservation Fund Group | 112502 |
| 7057 | 700632 | Clean Ohio Agricultural Easement | $ | 149,000 | $ | 149,000 | 112503 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 149,000 | $ | 149,000 | 112504 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 52,855,308 | $ | 52,855,308 | 112505 |
| TOLEDO GROWS | 112506 |
| Of the foregoing appropriation item 700404, Operating | 112507 |
| Expenses, $50,000 in each fiscal year shall be used for the Toledo | 112508 |
| Botanical Garden to fund the urban agriculture initiative known as | 112509 |
| Toledo Grows. | 112510 |
| OHIO - ISRAEL AGRICULTURAL INITIATIVE | 112511 |
| Of the foregoing appropriation item 700411, International | 112512 |
| Trade and Market Development, $100,000 in each fiscal year shall | 112513 |
| be used for the Ohio - Israel Agricultural Initiative. | 112514 |
| Section 211.20. COUNTY AGRICULTURAL SOCIETIES | 112515 |
| The foregoing appropriation item 700501, County Agricultural | 112516 |
| Societies, shall be used to reimburse county and independent | 112517 |
| agricultural societies for expenses related to Junior Fair | 112518 |
| activities. | 112519 |
| FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS | 112520 |
| The foregoing appropriation item 700654, Agriculture | 112521 |
| Operating - Federal Stimulus, shall be used to support government | 112522 |
| services consistent with funds received from the federal | 112523 |
| government for fiscal stabilization and recovery purposes. | 112524 |
| Section 211.30. COMMERCIAL FEED AND SEED FUND TRANSFER | 112525 |
| On July 1, 2009, or as soon as possible thereafter, the | 112526 |
| Director of Budget and Management shall transfer thirty-two per | 112527 |
| cent of the cash balance in the Commercial Feed and Seed Fund | 112528 |
| (Fund 4C90) as of June 30, 2009, to the Pesticide, Fertilizer, and | 112529 |
| Lime Inspection Program Fund (Fund 6690). The Director shall | 112530 |
| cancel existing encumbrances against appropriation item 700605, | 112531 |
| Commercial Feed and Seed, and re-establish them against | 112532 |
| appropriation item 700635, Pesticide, Fertilizer, and Lime | 112533 |
| Inspection Program. The re-established encumbrance amounts are | 112534 |
| hereby appropriated. | 112535 |
| PESTICIDE, FERTILIZER, AND LIME INSPECTION FUND TRANSFER | 112536 |
| On July, 1, 2009, or as soon as possible thereafter, the | 112537 |
| Director of Budget and Management shall transfer $600,000 in cash | 112538 |
| from the Pesticide, Fertilizer, and Lime Inspection Fund (Fund | 112539 |
| 6690) to the Plant Pest Program Fund (Fund 5FC0). | 112540 |
| CLEAN OHIO AGRICULTURAL EASEMENT | 112541 |
| The foregoing appropriation item 700632, Clean Ohio | 112542 |
| Agricultural Easement, shall be used by the Department of | 112543 |
| Agriculture in administering sections 901.21, 901.22, and 5301.67 | 112544 |
| to 5301.70 of the Revised Code. | 112545 |
| Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY | 112546 |
| General Revenue Fund | 112547 |
| GRF | 898402 | Coal Development Office | $ | 424,146 | $ | 424,146 | 112548 | ||||
| GRF | 898901 | Coal Research and Development General Obligation Debt Service | $ | 9,968,400 | $ | 10,947,000 | 112549 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,392,546 | $ | 11,371,146 | 112550 | ||||||
| General Services Fund Group | 112551 |
| 5EG0 | 898608 | Energy Strategy Development | $ | 307,000 | $ | 307,000 | 112552 | ||||
| TOTAL GSF General Services Fund | $ | 307,000 | $ | 307,000 | 112553 | ||||||
| Agency Fund Group | 112554 |
| 4Z90 | 898602 | Small Business Ombudsman | $ | 294,290 | $ | 294,290 | 112555 | ||||
| 5700 | 898601 | Operating Expenses | $ | 264,000 | $ | 264,000 | 112556 | ||||
| 5A00 | 898603 | Small Business Assistance | $ | 71,087 | $ | 71,087 | 112557 | ||||
| TOTAL AGY Agency Fund Group | $ | 629,377 | $ | 629,377 | 112558 | ||||||
| Coal Research/Development Fund | 112559 |
| 7046 | 898604 | Coal Research and Development Fund | $ | 66,000,000 | $ | 10,000,000 | 112560 | ||||
| TOTAL 046 Coal Research and Development Fund | $ | 66,000,000 | $ | 10,000,000 | 112561 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 77,328,923 | $ | 22,307,523 | 112562 | ||||||
| COAL DEVELOPMENT OFFICE | 112563 |
| The foregoing appropriation item 898402, Coal Development | 112564 |
| Office, shall be used for the administrative costs of the Coal | 112565 |
| Development Office. | 112566 |
| COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 112567 |
| The foregoing appropriation item GRF 898901, Coal Research | 112568 |
| and Development General Obligation Debt Service, shall be used to | 112569 |
| pay all debt service and related financing costs at the times | 112570 |
| they are required to be made during the period from July 1, 2009, | 112571 |
| to June 30, 2011, for obligations issued under sections 151.01 | 112572 |
| and 151.07 of the Revised Code. | 112573 |
| Section 213.20. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND | 112574 |
| On July 1 of each fiscal year, or as soon as possible | 112575 |
| thereafter, the Director of Budget and Management may transfer | 112576 |
| cash from the funds specified below, in the amount specified | 112577 |
| below, to the Energy Strategy Development Fund (Fund 5EG0), which | 112578 |
| is used by the Air Quality Development Authority. Fund 5EG0 may | 112579 |
| accept contributions and transfers made to the fund. The moneys | 112580 |
| in Fund 5EG0 shall be used to develop energy initiatives, | 112581 |
| projects, and policy. | 112582 |
| Fund | User | FY 2010 | FY 2011 | 112583 | ||||
| Office Services Fund (Fund 1170) | Department of Administrative Services | $ | 35,000 | $ | 35,000 | 112584 | ||
| Central Support Indirect Cost Fund (Fund 5GH0) | Department of Agriculture | $ | 35,000 | $ | 35,000 | 112585 | ||
| Support Services Fund (Fund 1350) | Department of Development | $ | 35,000 | $ | 35,000 | 112586 | ||
| Central Support Indirect Cost Fund (Fund 2190) | Environmental Protection Agency | $ | 35,000 | $ | 35,000 | 112587 | ||
| Central Support Indirect Chargeback Fund (Fund 1570) | Department of Natural Resources | $ | 35,000 | $ | 35,000 | 112588 | ||
| Highway Operating Fund (Fund 7002) | Department of Transportation | $ | 50,000 | $ | 50,000 | 112589 |
| Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT | 112590 |
| AUTHORITY TRUST ACCOUNT | 112591 |
| Notwithstanding any other provision of law to the contrary, | 112592 |
| the Air Quality Development Authority may reimburse the Air | 112593 |
| Quality Development Authority trust account established under | 112594 |
| section 3706.10 of the Revised Code from all operating funds of | 112595 |
| the agency for expenses pertaining to the administration and | 112596 |
| shared costs incurred by the Air Quality Development Authority in | 112597 |
| the execution of responsibilities as prescribed in Chapter 3706. | 112598 |
| of the Revised Code. Reimbursement shall be made by voucher and | 112599 |
| completed in accordance with the administrative indirect costs | 112600 |
| allocation plan approved by the Office of Budget and Management. | 112601 |
| Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 112602 |
| SERVICES | 112603 |
| General Revenue Fund | 112604 |
| GRF | 038401 | Treatment Services | $ | 37,241,513 | $ | 35,588,058 | 112605 | ||||
| GRF | 038404 | Prevention Services | $ | 1,241,702 | $ | 1,241,702 | 112606 | ||||
| GRF | 038626 | Local Alcohol and Other Drug Subsidy - Federal Stimulus | $ | 0 | $ | 2,954,598 | 112607 | ||||
| TOTAL GRF General Revenue Fund | $ | 38,483,215 | $ | 39,784,358 | 112608 | ||||||
| General Services Fund | 112609 |
| 5T90 | 038616 | Problem Gambling Services | $ | 335,000 | $ | 335,000 | 112610 | ||||
| TOTAL GSF General Services Fund Group | $ | 335,000 | $ | 335,000 | 112611 | ||||||
| Federal Special Revenue Fund Group | 112612 |
| 3G30 | 038603 | Drug Free Schools | $ | 2,260,000 | $ | 2,260,000 | 112613 | ||||
| 3G40 | 038614 | Substance Abuse Block Grant | $ | 71,500,000 | $ | 71,500,000 | 112614 | ||||
| 3H80 | 038609 | Demonstration Grants | $ | 7,093,075 | $ | 7,093,075 | 112615 | ||||
| 3J80 | 038610 | Medicaid | $ | 62,772,342 | $ | 60,817,910 | 112616 | ||||
| 3N80 | 038611 | Administrative Reimbursement | $ | 500,000 | $ | 500,000 | 112617 | ||||
| TOTAL FED Federal Special Revenue | 112618 | ||||||||||
| Fund Group | $ | 144,125,417 | $ | 142,170,985 | 112619 | ||||||
| State Special Revenue Fund Group | 112620 |
| 4750 | 038621 | Statewide Treatment and Prevention | $ | 18,000,000 | $ | 18,000,000 | 112621 | ||||
| 5DH0 | 038620 | Fetal Alcohol Spectrum Disorder | $ | 327,500 | $ | 327,500 | 112622 | ||||
| 6890 | 038604 | Education and Conferences | $ | 350,000 | $ | 350,000 | 112623 | ||||
| TOTAL SSR State Special Revenue | 112624 | ||||||||||
| Fund Group | $ | 18,677,500 | $ | 18,677,500 | 112625 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 201,621,132 | $ | 200,967,843 | 112626 | ||||||
| Section 215.20. TREATMENT SERVICES | 112628 |
| Of the foregoing appropriation item 038401, Treatment | 112629 |
| Services, $115,919 in fiscal year 2010 and $230,464 in fiscal year | 112630 |
| 2011 shall be provided to alcohol, drug addiction, and mental | 112631 |
| health services boards and alcohol and drug addiction services | 112632 |
| boards to pay the nonfederal share of the one-half of one per cent | 112633 |
| increase in the Medicaid reimbursement rate ceilings for | 112634 |
| Medicaid-covered alcohol and drug addiction treatment services | 112635 |
| provided for under the section of this act titled "INCREASE IN | 112636 |
| MEDICAID RATES FOR COMMUNITY BEHAVIORAL HEALTH SERVICES." | 112637 |
| Section 217.10. ARC ARCHITECTS BOARD | 112638 |
| General Services Fund Group | 112639 |
| 4K90 | 891609 | Operating Expenses | $ | 522,055 | $ | 550,718 | 112640 | ||||
| TOTAL GSF General Services Fund | 112641 | ||||||||||
| Group | $ | 522,055 | $ | 550,718 | 112642 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 522,055 | $ | 550,718 | 112643 | ||||||
| Section 219.10. ART OHIO ARTS COUNCIL | 112645 |
| General Revenue Fund | 112646 |
| GRF | 370321 | Operating Expenses | $ | 2,072,545 | $ | 2,072,545 | 112647 | ||||
| GRF | 370502 | State Program Subsidies | $ | 9,097,868 | $ | 8,847,869 | 112648 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,170,413 | $ | 10,920,414 | 112649 | ||||||
| General Services Fund Group | 112650 |
| 4600 | 370602 | Management Expenses and Donations | $ | 285,000 | $ | 285,000 | 112651 | ||||
| 4B70 | 370603 | Percent for Art Acquisitions | $ | 500,000 | $ | 500,000 | 112652 | ||||
| TOTAL GSF General Services Fund Group | $ | 785,000 | $ | 785,000 | 112653 | ||||||
| Federal Special Revenue Fund Group | 112654 |
| 3140 | 370601 | Federal Support | $ | 1,000,000 | $ | 1,000,000 | 112655 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,000,000 | $ | 1,000,000 | 112656 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,955,413 | $ | 12,705,414 | 112657 | ||||||
| PROGRAM SUBSIDIES | 112658 |
| A museum is not eligible to receive funds from appropriation | 112659 |
| item 370502, State Program Subsidies, if $8,000,000 or more in | 112660 |
| capital appropriations were appropriated by the state for the | 112661 |
| museum between January 1, 1986, and December 31, 2002. | 112662 |
| Section 221.10. ATH ATHLETIC COMMISSION | 112663 |
| General Services Fund Group | 112664 |
| 4K90 | 175609 | Operating Expenses | $ | 255,850 | $ | 255,850 | 112665 | ||||
| TOTAL GSF General Services Fund Group | $ | 255,850 | $ | 255,850 | 112666 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 255,850 | $ | 255,850 | 112667 | ||||||
| Section 223.10. AGO ATTORNEY GENERAL | 112669 |
| General Revenue Fund | 112670 |
| GRF | 055321 | Operating Expenses | $ | 46,399,699 | $ | 46,399,699 | 112671 | ||||
| GRF | 055405 | Law-Related Education | $ | 100,000 | $ | 100,000 | 112672 | ||||
| GRF | 055411 | County Sheriffs' Pay Supplement | $ | 757,921 | $ | 757,921 | 112673 | ||||
| GRF | 055415 | County Prosecutors' Pay Supplement | $ | 831,499 | $ | 831,499 | 112674 | ||||
| TOTAL GRF General Revenue Fund | $ | 48,089,119 | $ | 48,089,119 | 112675 | ||||||
| General Services Fund Group | 112676 |
| 1060 | 055612 | General Reimbursement | $ | 38,750,000 | $ | 38,750,000 | 112677 | ||||
| 1950 | 055660 | Workers' Compensation Section | $ | 8,415,504 | $ | 8,415,504 | 112678 | ||||
| 4180 | 055615 | Charitable Foundations | $ | 7,286,000 | $ | 7,286,000 | 112679 | ||||
| 4200 | 055603 | Attorney General Antitrust | $ | 1,750,000 | $ | 1,750,000 | 112680 | ||||
| 4210 | 055617 | Police Officers' Training Academy Fee | $ | 2,000,000 | $ | 2,000,000 | 112681 | ||||
| 4Z20 | 055609 | BCI Asset Forfeiture and Cost Reimbursement | $ | 1,000,000 | $ | 1,000,000 | 112682 | ||||
| 5900 | 055633 | Peace Officer Private Security Fund | $ | 98,370 | $ | 98,370 | 112683 | ||||
| 5A90 | 055618 | Telemarketing Fraud Enforcement | $ | 7,500 | $ | 7,500 | 112684 | ||||
| 5L50 | 055619 | Law Enforcement Assistance Program | $ | 1,457,852 | $ | 0 | 112685 | ||||
| 6290 | 055636 | Corrupt Activity Investigation and Prosecution | $ | 15,000 | $ | 15,000 | 112686 | ||||
| 6310 | 055637 | Consumer Protection Enforcement | $ | 3,500,000 | $ | 3,500,000 | 112687 | ||||
| TOTAL GSF General Services Fund | 112688 | ||||||||||
| Group | $ | 64,280,226 | $ | 62,822,374 | 112689 | ||||||
| Federal Special Revenue Fund Group | 112690 |
| 3060 | 055620 | Medicaid Fraud Control | $ | 3,879,672 | $ | 3,879,672 | 112691 | ||||
| 3810 | 055611 | Civil Rights Legal Service | $ | 402,540 | $ | 402,540 | 112692 | ||||
| 3830 | 055634 | Crime Victims Assistance | $ | 16,000,000 | $ | 16,000,000 | 112693 | ||||
| 3E50 | 055638 | Attorney General Pass-Through Funds | $ | 3,030,000 | $ | 3,030,000 | 112694 | ||||
| 3R60 | 055613 | Attorney General Federal Funds | $ | 5,115,000 | $ | 5,115,000 | 112695 | ||||
| TOTAL FED Federal Special Revenue | 112696 | ||||||||||
| Fund Group | $ | 28,427,212 | $ | 28,427,212 | 112697 | ||||||
| State Special Revenue Fund Group | 112698 |
| 4020 | 055616 | Victims of Crime | $ | 29,000,000 | $ | 28,000,000 | 112699 | ||||
| 4190 | 055623 | Claims Section | $ | 36,875,000 | $ | 36,875,000 | 112700 | ||||
| 4L60 | 055606 | DARE Programs | $ | 3,927,962 | $ | 3,927,962 | 112701 | ||||
| 4Y70 | 055608 | Title Defect Rescission | $ | 600,000 | $ | 600,000 | 112702 | ||||
| 6590 | 055641 | Solid and Hazardous Waste Background Investigations | $ | 621,159 | $ | 621,159 | 112703 | ||||
| TOTAL SSR State Special Revenue | 112704 | ||||||||||
| Fund Group | $ | 71,024,121 | $ | 70,024,121 | 112705 | ||||||
| Holding Account Redistribution Fund Group | 112706 |
| R004 | 055631 | General Holding Account | $ | 1,000,000 | $ | 1,000,000 | 112707 | ||||
| R005 | 055632 | Antitrust Settlements | $ | 1,000 | $ | 1,000 | 112708 | ||||
| R018 | 055630 | Consumer Frauds | $ | 750,000 | $ | 750,000 | 112709 | ||||
| R042 | 055601 | Organized Crime Commission Distributions | $ | 25,025 | $ | 25,025 | 112710 | ||||
| R054 | 055650 | Collection Outside Counsel Payments | $ | 4,500,000 | $ | 4,500,000 | 112711 | ||||
| TOTAL 090 Holding Account | 112712 | ||||||||||
| Redistribution Fund Group | $ | 6,276,025 | $ | 6,276,025 | 112713 | ||||||
| Tobacco Master Settlement Agreement Fund Group | 112714 |
| J087 | 055635 | Law Enforcement Technology, Training, and Facility Enhancements | $ | 1,987,073 | $ | 0 | 112715 | ||||
| U087 | 055402 | Tobacco Settlement Oversight, Administration, and Enforcement | $ | 2,478,850 | $ | 2,478,850 | 112716 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 4,465,923 | $ | 2,478,850 | 112717 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 222,562,626 | $ | 218,117,701 | 112718 | ||||||
| LAW-RELATED EDUCATION | 112719 |
| The foregoing appropriation item 055405, Law-Related | 112720 |
| Education, shall be distributed directly to the Ohio Center for | 112721 |
| Law-Related Education for the purpose of providing continuing | 112722 |
| citizenship education activities to primary and secondary | 112723 |
| students, expanding delinquency prevention programs, increasing | 112724 |
| activities for at-risk youth, and accessing additional public and | 112725 |
| private money for new programs. | 112726 |
| COUNTY SHERIFFS' PAY SUPPLEMENT | 112727 |
| The foregoing appropriation item 055411, County Sheriffs' | 112728 |
| Pay Supplement, shall be used for the purpose of supplementing the | 112729 |
| annual compensation of county sheriffs as required by section | 112730 |
| 325.06 of the Revised Code. | 112731 |
| At the request of the Attorney General, the Director of | 112732 |
| Budget and Management may transfer appropriation from | 112733 |
| appropriation item 055321, Operating Expenses, to appropriation | 112734 |
| item 055411, County Sheriffs' Pay Supplement. Any appropriation so | 112735 |
| transferred shall be used to supplement the annual compensation | 112736 |
| of county sheriffs as required by section 325.06 of the Revised | 112737 |
| Code. | 112738 |
| COUNTY PROSECUTORS' PAY SUPPLEMENT | 112739 |
| The foregoing appropriation item 055415, County Prosecutors' | 112740 |
| Pay Supplement, shall be used for the purpose of supplementing the | 112741 |
| annual compensation of certain county prosecutors as required by | 112742 |
| section 325.111 of the Revised Code. | 112743 |
| At the request of the Attorney General, the Director of | 112744 |
| Budget and Management may transfer appropriation from | 112745 |
| appropriation item 055321, Operating Expenses, to appropriation | 112746 |
| item 055415, County Prosecutors' Pay Supplement. Any | 112747 |
| appropriation so transferred shall be used to supplement the | 112748 |
| annual compensation of county prosecutors as required by section | 112749 |
| 325.111 of the Revised Code. | 112750 |
| WORKERS' COMPENSATION SECTION | 112751 |
| The Workers' Compensation Fund (Fund 1950) is entitled to | 112752 |
| receive payments from the Bureau of Workers' Compensation and | 112753 |
| the Ohio Industrial Commission at the beginning of each quarter | 112754 |
| of each fiscal year to fund legal services to be provided to the | 112755 |
| Bureau of Workers' Compensation and the Ohio Industrial | 112756 |
| Commission during the ensuing quarter. The advance payment shall | 112757 |
| be subject to adjustment. | 112758 |
| In addition, the Bureau of Workers' Compensation shall | 112759 |
| transfer payments at the beginning of each quarter for the support | 112760 |
| of the Workers' Compensation Fraud Unit. | 112761 |
| All amounts shall be mutually agreed upon by the Attorney | 112762 |
| General, the Bureau of Workers' Compensation, and the Ohio | 112763 |
| Industrial Commission. | 112764 |
| CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION | 112765 |
| The foregoing appropriation item 055636, Corrupt Activity | 112766 |
| Investigation and Prosecution, shall be used as provided by | 112767 |
| division (D)(2) of section 2923.35 of the Revised Code to dispose | 112768 |
| of the proceeds, fines, and penalties credited to the Corrupt | 112769 |
| Activity Investigation and Prosecution Fund, which is created in | 112770 |
| division (D)(1)(b) of section 2923.35 of the Revised Code. If it | 112771 |
| is determined that additional amounts are necessary for this | 112772 |
| purpose, the amounts are hereby appropriated. | 112773 |
| GENERAL HOLDING ACCOUNT | 112774 |
| The foregoing appropriation item 055631, General Holding | 112775 |
| Account, shall be used to distribute moneys under the terms of | 112776 |
| relevant court orders or other settlements received in a variety | 112777 |
| of cases involving the Office of the Attorney General. If it is | 112778 |
| determined that additional amounts are necessary for this purpose, | 112779 |
| the amounts are hereby appropriated. | 112780 |
| ATTORNEY GENERAL PASS-THROUGH FUNDS | 112781 |
| The foregoing appropriation item 055638, Attorney General | 112782 |
| Pass-Through Funds, shall be used to receive federal grant funds | 112783 |
| provided to the Attorney General by other state agencies, | 112784 |
| including, but not limited to, the Department of Youth Services | 112785 |
| and the Department of Public Safety. | 112786 |
| ANTITRUST SETTLEMENTS | 112787 |
| The foregoing appropriation item 055632, Antitrust | 112788 |
| Settlements, shall be used to distribute moneys under the terms | 112789 |
| of relevant court orders or other out of court settlements in | 112790 |
| antitrust cases or antitrust matters involving the Office of the | 112791 |
| Attorney General. If it is determined that additional amounts are | 112792 |
| necessary for this purpose, the amounts are hereby appropriated. | 112793 |
| CONSUMER FRAUDS | 112794 |
| The foregoing appropriation item 055630, Consumer Frauds, | 112795 |
| shall be used for distribution of moneys from court-ordered | 112796 |
| judgments against sellers in actions brought by the Office of | 112797 |
| Attorney General under sections 1334.08 and 4549.48 and division | 112798 |
| (B) of section 1345.07 of the Revised Code. These moneys shall be | 112799 |
| used to provide restitution to consumers victimized by the fraud | 112800 |
| that generated the court-ordered judgments. If it is determined | 112801 |
| that additional amounts are necessary for this purpose, the | 112802 |
| amounts are hereby appropriated. | 112803 |
| ORGANIZED CRIME COMMISSION DISTRIBUTIONS | 112804 |
| The foregoing appropriation item 055601, Organized Crime | 112805 |
| Commission Distributions, shall be used by the Organized Crime | 112806 |
| Investigations Commission, as provided by section 177.011 of the | 112807 |
| Revised Code, to reimburse political subdivisions for the expenses | 112808 |
| the political subdivisions incur when their law enforcement | 112809 |
| officers participate in an organized crime task force. If it is | 112810 |
| determined that additional amounts are necessary for this purpose, | 112811 |
| the amounts are hereby appropriated. | 112812 |
| FUND ABOLISHMENTS | 112813 |
| Effective July 1, 2009, or as soon as possible thereafter, | 112814 |
| the Director of Budget and Management shall transfer the cash | 112815 |
| balance in the Asbestos Abatement Distribution Fund (Fund 6740) to | 112816 |
| the General Revenue Fund. Upon completion of the transfer, Fund | 112817 |
| 6740 is abolished. | 112818 |
| Effective July 1, 2009, the Bingo License Refunds Fund (Fund | 112819 |
| R003) is abolished. | 112820 |
| Section 225.10. AUD AUDITOR OF STATE | 112821 |
| General Revenue Fund | 112822 |
| GRF | 070321 | Operating Expenses | $ | 30,029,775 | $ | 30,029,775 | 112823 | ||||
| GRF | 070403 | Fiscal Watch/Emergency Technical Assistance | $ | 570,000 | $ | 570,000 | 112824 | ||||
| TOTAL GRF General Revenue Fund | $ | 30,599,775 | $ | 30,599,775 | 112825 | ||||||
| Auditor of State Fund Group | 112826 |
| 1090 | 070601 | Public Audit Expense - Intra-State | $ | 11,000,000 | $ | 11,000,000 | 112827 | ||||
| 4220 | 070602 | Public Audit Expense - Local Government | $ | 30,828,000 | $ | 31,053,000 | 112828 | ||||
| 5840 | 070603 | Training Program | $ | 181,250 | $ | 181,250 | 112829 | ||||
| 6750 | 070605 | Uniform Accounting Network | $ | 3,317,336 | $ | 3,317,336 | 112830 | ||||
| TOTAL AUD Auditor of State Fund | 112831 | ||||||||||
| Group | $ | 45,326,586 | $ | 45,551,586 | 112832 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 75,926,361 | $ | 76,151,361 | 112833 | ||||||
| FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 112834 |
| The foregoing appropriation item 070403, Fiscal | 112835 |
| Watch/Emergency Technical Assistance, shall be used for expenses | 112836 |
| incurred by the Office of the Auditor of State in its role | 112837 |
| relating to fiscal watch or fiscal emergency activities under | 112838 |
| Chapters 118. and 3316. of the Revised Code. Expenses include, | 112839 |
| but are not limited to, the following: duties related to the | 112840 |
| determination or termination of fiscal watch or fiscal emergency | 112841 |
| of municipal corporations, counties, townships, or school | 112842 |
| districts; development of preliminary accounting reports; | 112843 |
| performance of annual forecasts; provision of performance audits; | 112844 |
| and supervisory, accounting, or auditing services for the | 112845 |
| municipal corporations, counties, townships, or school districts. | 112846 |
| An amount equal to the unexpended, unencumbered portion of | 112847 |
| appropriation item 070403, Fiscal Watch/Emergency Technical | 112848 |
| Assistance, at the end of fiscal year 2010 is hereby | 112849 |
| reappropriated for the same purpose in fiscal year 2011. | 112850 |
| Section 227.10. BRB BOARD OF BARBER EXAMINERS | 112851 |
| General Services Fund Group | 112852 |
| 4K90 | 877609 | Operating Expenses | $ | 628,264 | $ | 628,264 | 112853 | ||||
| TOTAL GSF General Services Fund | 112854 | ||||||||||
| Group | $ | 628,264 | $ | 628,264 | 112855 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 628,264 | $ | 628,264 | 112856 | ||||||
| ED JEFFERS BARBER MUSEUM | 112857 |
| Beginning October 1, 2009, or as soon as possible thereafter, | 112858 |
| the Director of Budget and Management and the Executive Director | 112859 |
| of the Barber Board shall develop a plan to distribute the amounts | 112860 |
| collected under division (C) of section 4709.12 of the Revised | 112861 |
| Code to the Ed Jeffers Barber Museum. | 112862 |
| Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT | 112863 |
| General Revenue Fund | 112864 |
| GRF | 042321 | Budget Development and Implementation | $ | 2,412,346 | $ | 2,350,805 | 112865 | ||||
| GRF | 042410 | National Association Dues | $ | 30,448 | $ | 31,361 | 112866 | ||||
| GRF | 042412 | Audit of Auditor of State | $ | 44,528 | $ | 46,309 | 112867 | ||||
| GRF | 042413 | Payment Issuance | $ | 446,968 | $ | 457,545 | 112868 | ||||
| GRF | 042416 | Medicaid Agency Transition | $ | 571,028 | $ | 369,298 | 112869 | ||||
| GRF | 042435 | Gubernatorial Transition | $ | 0 | $ | 250,000 | 112870 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,505,318 | $ | 3,505,318 | 112871 | ||||||
| General Services Fund Group | 112872 |
| 1050 | 042603 | State Accounting and Budgeting | $ | 37,031,976 | $ | 41,206,060 | 112873 | ||||
| 5N40 | 042602 | OAKS Project Implementation | $ | 2,100,000 | $ | 2,100,000 | 112874 | ||||
| 5Z80 | 042608 | Executive Medicaid Administration | $ | 57,751 | $ | 0 | 112875 | ||||
| TOTAL GSF General Services Fund Group | $ | 39,189,727 | $ | 43,306,060 | 112876 | ||||||
| Federal Special Revenue Fund Group | 112877 |
| 3CM0 | 042606 | Medicaid Transition - Federal | $ | 734,979 | $ | 747,098 | 112878 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 734,979 | $ | 747,098 | 112879 | ||||||
| Agency Fund Group | 112880 |
| 5EH0 | 042604 | Forgery Recovery | $ | 50,000 | $ | 50,000 | 112881 | ||||
| TOTAL AGY Agency Fund Group | $ | 50,000 | $ | 50,000 | 112882 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 43,480,024 | $ | 47,608,476 | 112883 | ||||||
| AUDIT COSTS | 112884 |
| Of the foregoing appropriation item 042603, State Accounting | 112885 |
| and Budgeting, not more than $456,000 in fiscal year 2010 and not | 112886 |
| more than $467,000 in fiscal year 2011 shall be used to pay for | 112887 |
| centralized audit costs associated with either Single Audit | 112888 |
| Schedules or financial statements prepared in conformance with | 112889 |
| generally accepted accounting principles for the state. | 112890 |
| SHARED SERVICES CENTER | 112891 |
| The Director of Budget and Management shall use the OAKS | 112892 |
| Project Implementation Fund (Fund 5N40) and the Accounting and | 112893 |
| Budgeting Fund (Fund 1050) to implement a Shared Services Center | 112894 |
| within the Office of Budget and Management for the purpose of | 112895 |
| consolidating statewide finance functions and common transactional | 112896 |
| processes. The Director of Budget and Management shall transfer | 112897 |
| the unobligated cash balance remaining in Fund 5N40 to the General | 112898 |
| Revenue Fund before the end of fiscal year 2011. | 112899 |
| Effective July 1, 2009, the Director of Budget and Management | 112900 |
| shall include the recovery of costs to operate the Shared Services | 112901 |
| Center in the accounting and budgeting services payroll rate and | 112902 |
| through a direct charge using intrastate transfer vouchers to | 112903 |
| agencies for services rendered. The Director of Budget and | 112904 |
| Management shall determine the cost recovery methodology. Such | 112905 |
| cost recovery revenues shall be deposited to the credit of Fund | 112906 |
| 1050. | 112907 |
| INTERNAL CONTROL AND AUDIT OVERSIGHT | 112908 |
| Effective July 1, 2009, the Director of Budget and Management | 112909 |
| shall include the recovery of costs to operate the Internal | 112910 |
| Control and Audit Oversight Program in the accounting and | 112911 |
| budgeting services payroll rate and through a direct charge using | 112912 |
| intrastate transfer vouchers to agencies reviewed by the program. | 112913 |
| The Director of Budget and Management, with advice from the | 112914 |
| Internal Audit Advisory Council, shall determine the cost recovery | 112915 |
| methodology. Such cost recovery revenues shall be deposited to the | 112916 |
| credit of the Accounting and Budgeting Fund (Fund 1050). | 112917 |
| FORGERY RECOVERY | 112918 |
| The foregoing appropriation item 042604, Forgery Recovery, | 112919 |
| shall be used to reissue warrants that have been certified as | 112920 |
| forgeries by the rightful recipient as determined by the Bureau of | 112921 |
| Criminal Identification and Investigation and the Treasurer of | 112922 |
| State. Upon receipt of funds to cover the reissuance of the | 112923 |
| warrant, the Director of Budget and Management shall reissue a | 112924 |
| state warrant of the same amount. | 112925 |
| Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 112926 |
| General Revenue Fund | 112927 |
| GRF | 874100 | Personal Services | $ | 1,873,368 | $ | 1,873,368 | 112928 | ||||
| GRF | 874320 | Maintenance and Equipment | $ | 752,591 | $ | 752,590 | 112929 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,625,959 | $ | 2,625,958 | 112930 | ||||||
| General Services Fund Group | 112931 |
| 4G50 | 874603 | Capitol Square Education Center and Arts | $ | 15,000 | $ | 15,000 | 112932 | ||||
| 4S70 | 874602 | Statehouse Gift Shop/Events | $ | 799,995 | $ | 794,651 | 112933 | ||||
| TOTAL GSF General Services | 112934 | ||||||||||
| Fund Group | $ | 814,995 | $ | 809,651 | 112935 | ||||||
| Underground Parking Garage | 112936 |
| 2080 | 874601 | Underground Parking Garage Operations | $ | 2,923,224 | $ | 2,979,615 | 112937 | ||||
| TOTAL UPG Underground Parking | 112938 | ||||||||||
| Garage | $ | 2,923,224 | $ | 2,979,615 | 112939 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,364,178 | $ | 6,415,224 | 112940 | ||||||
| WAREHOUSE PAYMENTS | 112941 |
| Of the foregoing appropriation item 874601, Underground | 112942 |
| Parking Garage Operations, $48,000 in each fiscal year shall be | 112943 |
| used to meet all payments at the times they are required to be | 112944 |
| made during the period from July 1, 2009, to June 30, 2011, to | 112945 |
| the Ohio Building Authority for bond service charges relating | 112946 |
| to the purchase and improvement of a warehouse acquired | 112947 |
| pursuant to section 105.41 of the Revised Code, in which to store | 112948 |
| items of the Capitol Collection Trust and, whenever necessary, | 112949 |
| equipment or other property of the Board. | 112950 |
| Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND | 112951 |
| SCHOOLS | 112952 |
| General Services Fund Group | 112953 |
| 4K90 | 233601 | Operating Expenses | $ | 572,700 | $ | 572,700 | 112954 | ||||
| TOTAL GSF General Services Fund Group | $ | 572,700 | $ | 572,700 | 112955 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 572,700 | $ | 572,700 | 112956 | ||||||
| Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD | 112958 |
| General Services Fund Group | 112959 |
| 4K90 | 930609 | Operating Expenses | $ | 551,146 | $ | 551,146 | 112960 | ||||
| TOTAL GSF General Services Fund Group | $ | 551,146 | $ | 551,146 | 112961 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 551,146 | $ | 551,146 | 112962 | ||||||
| Section 237.10. CHR STATE CHIROPRACTIC BOARD | 112964 |
| General Services Fund Group | 112965 |
| 4K90 | 878609 | Operating Expenses | $ | 621,621 | $ | 621,621 | 112966 | ||||
| TOTAL GSF General Services Fund Group | $ | 621,621 | $ | 621,621 | 112967 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 621,621 | $ | 621,621 | 112968 | ||||||
| Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION | 112970 |
| General Revenue Fund | 112971 |
| GRF | 876321 | Operating Expenses | $ | 6,391,317 | $ | 6,391,317 | 112972 | ||||
| TOTAL GRF General Revenue Fund | $ | 6,391,317 | $ | 6,391,317 | 112973 | ||||||
| General Services Fund Group | 112974 |
| 2170 | 876604 | Operations Support | $ | 8,000 | $ | 8,000 | 112975 | ||||
| TOTAL GSF General Services | 112976 | ||||||||||
| Fund Group | $ | 8,000 | $ | 8,000 | 112977 | ||||||
| Federal Special Revenue Fund Group | 112978 |
| 3340 | 876601 | Federal Programs | $ | 3,876,500 | $ | 3,281,500 | 112979 | ||||
| TOTAL FED Federal Special Revenue | 112980 | ||||||||||
| Fund Group | $ | 3,876,500 | $ | 3,281,500 | 112981 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,275,817 | $ | 9,680,817 | 112982 |
| Section 241.10. COM DEPARTMENT OF COMMERCE | 112984 |
| General Revenue Fund | 112985 |
| GRF | 800410 | Labor and Worker Safety | $ | 2,132,396 | $ | 2,132,396 | 112986 | ||||
| Total GRF General Revenue Fund | $ | 2,132,396 | $ | 2,132,396 | 112987 | ||||||
| General Services Fund Group | 112988 |
| 1630 | 800620 | Division of Administration | $ | 7,420,049 | $ | 7,561,286 | 112989 | ||||
| 1630 | 800637 | Information Technology | $ | 6,219,734 | $ | 6,137,122 | 112990 | ||||
| 5430 | 800602 | Unclaimed Funds-Operating | $ | 9,948,085 | $ | 9,948,085 | 112991 | ||||
| 5430 | 800625 | Unclaimed Funds-Claims | $ | 75,000,000 | $ | 75,000,000 | 112992 | ||||
| 5F10 | 800635 | Small Government Fire Departments | $ | 300,000 | $ | 300,000 | 112993 | ||||
| TOTAL GSF General Services Fund | 112994 | ||||||||||
| Group | $ | 98,887,868 | $ | 98,946,493 | 112995 | ||||||
| Federal Special Revenue Fund Group | 112996 |
| 3480 | 800622 | Underground Storage Tanks | $ | 586,128 | $ | 585,782 | 112997 | ||||
| 3480 | 800624 | Leaking Underground Storage Tanks | $ | 1,477,606 | $ | 1,489,717 | 112998 | ||||
| TOTAL FED Federal Special Revenue | 112999 | ||||||||||
| Fund Group | $ | 2,063,734 | $ | 2,075,499 | 113000 | ||||||
| State Special Revenue Fund Group | 113001 |
| 4B20 | 800631 | Real Estate Appraisal Recovery | $ | 35,000 | $ | 35,000 | 113002 | ||||
| 4H90 | 800608 | Cemeteries | $ | 273,465 | $ | 273,465 | 113003 | ||||
| 4X20 | 800619 | Financial Institutions | $ | 2,233,031 | $ | 2,221,395 | 113004 | ||||
| 5440 | 800612 | Banks | $ | 6,703,253 | $ | 6,753,254 | 113005 | ||||
| 5450 | 800613 | Savings Institutions | $ | 2,286,615 | $ | 2,307,019 | 113006 | ||||
| 5460 | 800610 | Fire Marshal | $ | 15,118,673 | $ | 15,191,721 | 113007 | ||||
| 5460 | 800639 | Fire Department Grants | $ | 1,695,198 | $ | 1,698,802 | 113008 | ||||
| 5470 | 800603 | Real Estate Education/Research | $ | 250,000 | $ | 250,000 | 113009 | ||||
| 5480 | 800611 | Real Estate Recovery | $ | 50,000 | $ | 50,000 | 113010 | ||||
| 5490 | 800614 | Real Estate | $ | 3,456,405 | $ | 3,451,694 | 113011 | ||||
| 5500 | 800617 | Securities | $ | 4,761,545 | $ | 4,411,545 | 113012 | ||||
| 5520 | 800604 | Credit Union | $ | 3,627,390 | $ | 3,627,390 | 113013 | ||||
| 5530 | 800607 | Consumer Finance | $ | 5,367,260 | $ | 5,148,702 | 113014 | ||||
| 5560 | 800615 | Industrial Compliance | $ | 25,753,662 | $ | 26,713,417 | 113015 | ||||
| 5GK0 | 800609 | Securities Investor Education/Enforcement | $ | 485,000 | $ | 485,000 | 113016 | ||||
| 5K70 | 800621 | Penalty Enforcement | $ | 150,000 | $ | 150,000 | 113017 | ||||
| 5X60 | 800623 | Video Service | $ | 34,476 | $ | 34,476 | 113018 | ||||
| 6530 | 800629 | UST Registration/Permit Fee | $ | 1,433,189 | $ | 1,431,831 | 113019 | ||||
| 6A40 | 800630 | Real Estate Appraiser-Operating | $ | 664,006 | $ | 664,006 | 113020 | ||||
| TOTAL SSR State Special Revenue | 113021 | ||||||||||
| Fund Group | $ | 74,378,168 | $ | 74,898,717 | 113022 | ||||||
| Liquor Control Fund Group | 113023 |
| 7043 | 800601 | Merchandising | $ | 472,492,696 | $ | 488,434,277 | 113024 | ||||
| 7043 | 800627 | Liquor Control Operating | $ | 13,776,430 | $ | 14,313,346 | 113025 | ||||
| 7043 | 800633 | Development Assistance Debt Service | $ | 40,565,100 | $ | 52,412,800 | 113026 | ||||
| 7043 | 800636 | Revitalization Debt Service | $ | 15,632,800 | $ | 20,359,000 | 113027 | ||||
| TOTAL LCF Liquor Control | 113028 | ||||||||||
| Fund Group | $ | 542,467,026 | $ | 575,519,423 | 113029 | ||||||
| Volunteer Firefighters' Dependents Fund Group | 113030 |
| 7085 | 800985 | Volunteer Firefighters' Dependents Fund | $ | 300,000 | $ | 300,000 | 113031 | ||||
| TOTAL 085 Volunteer Firefighters' Dependents Fund Group | $ | 300,000 | $ | 300,000 | 113032 | ||||||
| Revenue Distribution Fund Group | 113033 |
| 7066 | 800966 | Undivided Liquor Permits | $ | 14,100,000 | $ | 14,100,000 | 113034 | ||||
| TOTAL RDF Revenue Distribution Fund Group | $ | 14,100,000 | $ | 14,100,000 | 113035 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 734,329,192 | $ | 767,972,528 | 113036 | ||||||
| SMALL GOVERNMENT FIRE DEPARTMENTS | 113037 |
| Notwithstanding section 3737.17 of the Revised Code, the | 113038 |
| foregoing appropriation item 800635, Small Government Fire | 113039 |
| Departments, may be used to provide loans to private fire | 113040 |
| departments. | 113041 |
| UNCLAIMED FUNDS PAYMENTS | 113042 |
| The foregoing appropriation item 800625, Unclaimed | 113043 |
| Funds-Claims, shall be used to pay claims under section 169.08 of | 113044 |
| the Revised Code. If it is determined that additional amounts are | 113045 |
| necessary, the amounts are appropriated. | 113046 |
| UNCLAIMED FUNDS TRANSFERS | 113047 |
| Notwithstanding division (A) of section 169.05 of the Revised | 113048 |
| Code, on or after December 1, 2009, the Director of Budget and | 113049 |
| Management shall request the Director of Commerce to transfer to | 113050 |
| the General Revenue Fund up to $250,000,000 of unclaimed funds | 113051 |
| that have been reported by holders of unclaimed funds under | 113052 |
| section 169.05 of the Revised Code, irrespective of the allocation | 113053 |
| of the unclaimed funds under that section. After such request has | 113054 |
| been made, the Director of Commerce shall transfer the funds prior | 113055 |
| to June 30, 2010. | 113056 |
| Notwithstanding division (A) of section 169.05 of the Revised | 113057 |
| Code, on or after December 1, 2010, the Director of Budget and | 113058 |
| Management shall request the Director of Commerce to transfer to | 113059 |
| the General Revenue Fund up to $135,000,000 of unclaimed funds | 113060 |
| that have been reported by holders of unclaimed funds under | 113061 |
| section 169.05 of the Revised Code, irrespective of the allocation | 113062 |
| of the unclaimed funds under that section. After such request has | 113063 |
| been made, the Director of Commerce shall transfer the funds prior | 113064 |
| to June 30, 2011. | 113065 |
| FIRE DEPARTMENT GRANTS | 113066 |
| Of the foregoing appropriation item 800639, Fire Department | 113067 |
| Grants, up to $1,647,140 in each fiscal year shall be used to make | 113068 |
| annual grants to volunteer fire departments, fire departments that | 113069 |
| serve one or more small municipalities or small townships, joint | 113070 |
| fire districts comprised of fire departments that primarily serve | 113071 |
| small municipalities or small townships, local units of government | 113072 |
| responsible for such fire departments, and local units of | 113073 |
| government responsible for the provision of fire protection | 113074 |
| services for small municipalities or small townships. | 113075 |
| The grants shall be used by recipients to purchase | 113076 |
| firefighting or rescue equipment or gear or similar items, to | 113077 |
| provide full or partial reimbursement for the documented costs of | 113078 |
| firefighter training, or, at the discretion of the State Fire | 113079 |
| Marshal, to cover fire department costs for providing fire | 113080 |
| protection services in that grant recipient's jurisdiction. | 113081 |
| Grant awards for firefighting or rescue equipment or gear or | 113082 |
| for fire department costs of providing fire protection services | 113083 |
| shall be up to $15,000 per fiscal year, or up to $25,000 per | 113084 |
| fiscal year if an eligible entity serves a jurisdiction in which | 113085 |
| the Governor declared a natural disaster during the preceding or | 113086 |
| current fiscal year in which the grant was awarded. In addition to | 113087 |
| any grant funds awarded for rescue equipment or gear, or for fire | 113088 |
| department costs associated with the provision of fire protection | 113089 |
| services, an eligible entity may receive a grant for up to $15,000 | 113090 |
| per fiscal year for full or partial reimbursement of the | 113091 |
| documented costs of firefighter training. For each fiscal year, | 113092 |
| the State Fire Marshal shall determine the total amounts to be | 113093 |
| allocated for each eligible purpose. | 113094 |
| The grant program shall be administered by the State Fire | 113095 |
| Marshal in accordance with rules the State Fire Marshal adopts as | 113096 |
| part of the state fire code adopted pursuant to section 3737.82 of | 113097 |
| the Revised Code that are necessary for the administration and | 113098 |
| operation of the grant program. The rules may further define the | 113099 |
| entities eligible to receive grants and establish criteria for the | 113100 |
| awarding and expenditure of grant funds, including methods the | 113101 |
| State Fire Marshal may use to verify the proper use of grant funds | 113102 |
| or to obtain reimbursement for or the return of equipment for | 113103 |
| improperly used grant funds. Any amounts in appropriation item | 113104 |
| 800639, Fire Department Grants, in excess of the amount allocated | 113105 |
| for these grants may be used for the administration of the grant | 113106 |
| program. | 113107 |
| DIVISION OF SECURITIES TECHNOLOGY UPGRADES | 113108 |
| Of the foregoing appropriation item 800617, Securities, such | 113109 |
| sums as are necessary may be used over the biennium to support | 113110 |
| the development and implementation of information technology | 113111 |
| solutions designed to enable the Division of Securities to better | 113112 |
| protect the interests of investors, the public, and the securities | 113113 |
| industry. Implementation of these solutions shall, among other | 113114 |
| things, enhance the Division's ability to monitor complaints | 113115 |
| about and actions against persons engaged in any practice | 113116 |
| prohibited by Chapter 1707. of the Revised Code or defined as | 113117 |
| fraudulent in that chapter or any other deceptive scheme or | 113118 |
| practice in connection with the sale of securities. The Director | 113119 |
| of Commerce may seek assistance from the Department of | 113120 |
| Administrative Services in relation to the development and | 113121 |
| implementation of the solutions. | 113122 |
| CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR | 113123 |
| EDUCATION AND ENFORCEMENT EXPENSE FUND | 113124 |
| The Director of Budget and Management, upon the request of | 113125 |
| the Director of Commerce, shall transfer up to $485,000 in cash in | 113126 |
| each fiscal year from the Division of Securities Fund (Fund 5500) | 113127 |
| to the Division of Securities Investor Education and Enforcement | 113128 |
| Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised | 113129 |
| Code. | 113130 |
| CASH TRANSFERS TO THE REAL ESTATE OPERATING FUND | 113131 |
| The Director of Budget and Management, upon request of the | 113132 |
| Director of Commerce, shall transfer $1,300,000 in cash over the | 113133 |
| FY 2010-FY 2011 biennium from the Real Estate Education and | 113134 |
| Research Fund (Fund 5470) to the Real Estate Operating Fund (Fund | 113135 |
| 5490). | 113136 |
| The Director of Budget and Management, upon request of the | 113137 |
| Director of Commerce, shall transfer $600,000 in cash over the FY | 113138 |
| 2010-FY 2011 biennium from the Real Estate Recovery Fund (Fund | 113139 |
| 5480) to the Real Estate Operating Fund (Fund 5490). | 113140 |
| INCREASED APPROPRIATION - MERCHANDISING | 113141 |
| The foregoing appropriation item 800601, Merchandising, | 113142 |
| shall be used under section 4301.12 of the Revised Code. If it is | 113143 |
| determined that additional expenditures are necessary, the amounts | 113144 |
| are appropriated. | 113145 |
| DEVELOPMENT ASSISTANCE DEBT SERVICE | 113146 |
| The foregoing appropriation item 800633, Development | 113147 |
| Assistance Debt Service, shall be used to pay debt service and | 113148 |
| related financing costs at the times they are required to be made | 113149 |
| during the period from July 1, 2009, to June 30, 2011, for bond | 113150 |
| service charges on obligations issued under Chapter 166. of the | 113151 |
| Revised Code. If it is determined that additional appropriations | 113152 |
| are necessary for this purpose, such amounts are appropriated, | 113153 |
| subject to the limitations set forth in section 166.11 of the | 113154 |
| Revised Code. An appropriation for this purpose is not required, | 113155 |
| but is made in this form and in this act for record purposes | 113156 |
| only. | 113157 |
| REVITALIZATION DEBT SERVICE | 113158 |
| The foregoing appropriation item 800636, Revitalization Debt | 113159 |
| Service, shall be used to pay debt service and related financing | 113160 |
| costs under sections 151.01 and 151.40 of the Revised Code during | 113161 |
| the period from July 1, 2009, to June 30, 2011. If it is | 113162 |
| determined that additional appropriations are necessary for this | 113163 |
| purpose, such amounts are hereby appropriated. The General | 113164 |
| Assembly acknowledges the priority of the pledge of a portion of | 113165 |
| receipts from that source to obligations issued and to be issued | 113166 |
| under Chapter 166. of the Revised Code. | 113167 |
| ADMINISTRATIVE ASSESSMENTS | 113168 |
| Notwithstanding any other provision of law to the contrary, | 113169 |
| the Division of Administration Fund (Fund 1630) is entitled to | 113170 |
| receive assessments from all operating funds of the Department in | 113171 |
| accordance with procedures prescribed by the Director of Commerce | 113172 |
| and approved by the Director of Budget and Management. | 113173 |
| Section 241.20. ABOLISHMENT OF THE DIVISION OF LABOR AND | 113174 |
| WORKER SAFETY AND THE DIVISION OF INDUSTRIAL COMPLIANCE IN THE | 113175 |
| DEPARTMENT OF COMMERCE | 113176 |
| The Division of Labor and Worker Safety in the Department of | 113177 |
| Commerce and the Division of Industrial Compliance in the | 113178 |
| Department of Commerce are hereby abolished on the effective date | 113179 |
| of section 121.04 of the Revised Code, as amended by this act. | 113180 |
| The Division of Labor shall supersede the Division of Labor and | 113181 |
| Worker Safety and Division of Industrial Compliance, and the | 113182 |
| Superintendent of Labor shall supersede the Superintendent of | 113183 |
| Labor and Worker Safety and the Superintendent of Industrial | 113184 |
| Compliance. The Superintendent of Labor or Division of Labor, as | 113185 |
| applicable, shall succeed to and have and perform all the duties, | 113186 |
| powers, and obligations pertaining to the duties, powers, and | 113187 |
| obligations of the Superintendent and Division of Labor and Worker | 113188 |
| Safety and the Superintendent and Division of Industrial | 113189 |
| Compliance. For the purpose of the institution, conduct, and | 113190 |
| completion of matters relating to its succession, the | 113191 |
| Superintendent of Labor or the Division of Labor, as applicable, | 113192 |
| is deemed to be the continuation of and successor under law to the | 113193 |
| Superintendent and Division of Labor and Worker Safety or the | 113194 |
| Superintendent and Division of Industrial Compliance, as | 113195 |
| applicable. All rules, actions, determinations, commitments, | 113196 |
| resolutions, decisions, and agreements pertaining to those duties, | 113197 |
| powers, obligations, functions, and rights in force or in effect | 113198 |
| on the effective date of section 121.04 of the Revised Code, as | 113199 |
| amended by this act, shall continue in force and effect subject to | 113200 |
| any further lawful action thereon by the Superintendent or | 113201 |
| Division of Labor. Wherever the Superintendent of Labor and Worker | 113202 |
| Safety, Division of Labor and Worker Safety, Superintendent of | 113203 |
| Industrial Compliance, or Division of Industrial Compliance are | 113204 |
| referred to in any provision of law, or in any agreement or | 113205 |
| document that pertains to those duties, powers, obligations, | 113206 |
| functions, and rights, the reference is to the Superintendent of | 113207 |
| Labor or Division of Labor, as appropriate. | 113208 |
| All authorized obligations and supplements thereto of the | 113209 |
| Superintendent and Division of Labor and Worker Safety and the | 113210 |
| Superintendent and Division of Industrial Compliance pertaining to | 113211 |
| the duties, powers, and obligations transferred are binding on the | 113212 |
| Superintendent or Division of Labor, as applicable, and nothing in | 113213 |
| this act impairs the obligations or rights thereunder or under any | 113214 |
| contract. The abolition of the Division of Labor and Worker Safety | 113215 |
| and the Division of Industrial Compliance and the transfer of the | 113216 |
| duties, powers, and obligations of the Superintendent and Division | 113217 |
| of Labor and Worker Safety and the Superintendent and Division of | 113218 |
| Industrial Compliance do not affect the validity of agreements or | 113219 |
| obligations made by those superintendents or divisions pursuant to | 113220 |
| Chapters 121., 3703., 3781., 3791., 4104., 4105., and 4740. of the | 113221 |
| Revised Code or any other provisions of law. | 113222 |
| In connection with the transfer of duties, powers, | 113223 |
| obligations, functions, and rights and abolition of the Division | 113224 |
| of Labor and Worker Safety and the Division of Industrial | 113225 |
| Compliance, all real property and interest therein, documents, | 113226 |
| books, money, papers, records, machinery, furnishings, office | 113227 |
| equipment, furniture, and all other property over which the | 113228 |
| Superintendent and Division of Labor and Worker Safety or the | 113229 |
| Superintendent and Division of Industrial Compliance has control | 113230 |
| pertaining to the duties, powers, and obligations transferred and | 113231 |
| the rights of the Superintendent and Division of Labor and Worker | 113232 |
| Safety and the Superintendent and Division of Industrial | 113233 |
| Compliance to enforce or receive any of the aforesaid is | 113234 |
| automatically transferred to the Superintendent and Division of | 113235 |
| Labor without necessity for further action on the part of the | 113236 |
| Superintendent, Division of Labor, or the Director of Commerce. | 113237 |
| Additionally, all appropriations or reappropriations made to the | 113238 |
| Superintendent and Division of Labor and Worker Safety and the | 113239 |
| Superintendent and Division of Industrial Compliance for the | 113240 |
| purposes of the performance of their duties, powers, and | 113241 |
| obligations, are transferred to the Superintendent and Division of | 113242 |
| Labor to the extent of the remaining unexpended or unencumbered | 113243 |
| balance thereof, whether allocated or unallocated, and whether | 113244 |
| obligated or unobligated. | 113245 |
| Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL | 113246 |
| General Services Fund Group | 113247 |
| 5F50 | 053601 | Operating Expenses | $ | 9,543,196 | $ | 9,377,610 | 113248 | ||||
| TOTAL GSF General Services Fund Group | $ | 9,543,196 | $ | 9,377,610 | 113249 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 9,543,196 | $ | 9,377,610 | 113250 | ||||||
| Section 245.10. CEB CONTROLLING BOARD | 113252 |
| General Revenue Fund | 113253 |
| GRF | 911401 | Emergency Purposes/Contingencies | $ | 4,000,000 | $ | 4,000,000 | 113254 | ||||
| GRF | 911404 | Mandate Assistance | $ | 545,417 | $ | 545,417 | 113255 | ||||
| GRF | 911441 | Ballot Advertising Costs | $ | 487,600 | $ | 487,600 | 113256 | ||||
| TOTAL GRF General Revenue Fund | $ | 5,033,017 | $ | 5,033,017 | 113257 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,033,017 | $ | 5,033,017 | 113258 | ||||||
| DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY | 113259 |
| PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM | 113260 |
| The Controlling Board may, at the request of any state | 113261 |
| agency or the Director of Budget and Management, transfer all or | 113262 |
| part of the appropriation in appropriation item 911401, Emergency | 113263 |
| Purposes/Contingencies, for the purpose of providing disaster and | 113264 |
| emergency situation aid to state agencies and political | 113265 |
| subdivisions in the event of disasters and emergency situations | 113266 |
| or for the other purposes noted in this section, including, but | 113267 |
| not limited to, costs related to the disturbance that occurred on | 113268 |
| April 11, 1993, at the Southern Ohio Correctional Facility in | 113269 |
| Lucasville, Ohio. | 113270 |
| FEDERAL SHARE | 113271 |
| In transferring appropriations to or from appropriation items | 113272 |
| that have federal shares identified in this act, the Controlling | 113273 |
| Board shall add or subtract corresponding amounts of federal | 113274 |
| matching funds at the percentages indicated by the state and | 113275 |
| federal division of the appropriations in this act. Such changes | 113276 |
| are hereby appropriated. | 113277 |
| DISASTER ASSISTANCE | 113278 |
| Pursuant to requests submitted by the Department of Public | 113279 |
| Safety, the Controlling Board may approve transfers from | 113280 |
| appropriation item 911401, Emergency Purposes/Contingencies, to | 113281 |
| appropriation items used by the Department of Public Safety to | 113282 |
| provide funding for assistance to political subdivisions and | 113283 |
| individuals made necessary by natural disasters or emergencies. | 113284 |
| Such transfers may be requested and approved prior to or | 113285 |
| following the occurrence of any specific natural disasters or | 113286 |
| emergencies in order to facilitate the provision of timely | 113287 |
| assistance. | 113288 |
| DISASTER SERVICES | 113289 |
| Pursuant to requests submitted by the Department of Public | 113290 |
| Safety, the Controlling Board may approve transfers from the | 113291 |
| Disaster Services Fund (5E20) to a fund and appropriation item | 113292 |
| used by the Department of Public Safety to provide for assistance | 113293 |
| to political subdivisions made necessary by natural disasters or | 113294 |
| emergencies. These transfers may be requested and approved prior | 113295 |
| to the occurrence of any specific natural disasters or | 113296 |
| emergencies in order to facilitate the provision of timely | 113297 |
| assistance. The Emergency Management Agency of the Department of | 113298 |
| Public Safety shall use the funding to fund the State Disaster | 113299 |
| Relief Program for disasters that have been declared by the | 113300 |
| Governor, and the State Individual Assistance Program for | 113301 |
| disasters that have been declared by the Governor and the federal | 113302 |
| Small Business Administration. The Ohio Emergency Management | 113303 |
| Agency shall publish and make available application packets | 113304 |
| outlining procedures for the State Disaster Relief Program and | 113305 |
| the State Individual Assistance Program. | 113306 |
| Fund 5E20 shall be used by the Controlling Board, pursuant | 113307 |
| to requests submitted by state agencies, to transfer cash and | 113308 |
| appropriations to any fund and appropriation item for the payment | 113309 |
| of state agency disaster relief program expenses for disasters | 113310 |
| declared by the Governor, if the Director of Budget and | 113311 |
| Management determines that sufficient funds exist. | 113312 |
| SOUTHERN OHIO CORRECTIONAL FACILITY COST | 113313 |
| The Division of Criminal Justice Services in the Department | 113314 |
| of Public Safety and the Public Defender Commission may each | 113315 |
| request, upon approval of the Director of Budget and Management, | 113316 |
| additional funds from appropriation item 911401, Emergency | 113317 |
| Purposes/Contingencies, for costs related to the disturbance that | 113318 |
| occurred on April 11, 1993, at the Southern Ohio Correctional | 113319 |
| Facility in Lucasville, Ohio. | 113320 |
| MANDATE ASSISTANCE | 113321 |
| (A) The foregoing appropriation item 911404, Mandate | 113322 |
| Assistance, shall be used to provide financial assistance to local | 113323 |
| units of government and school districts for the cost of the | 113324 |
| following two state mandates: | 113325 |
| (1) The cost to county prosecutors for prosecuting certain | 113326 |
| felonies that occur on the grounds of state institutions operated | 113327 |
| by the Department of Rehabilitation and Correction and the | 113328 |
| Department of Youth Services; | 113329 |
| (2) The cost to school districts of in-service training for | 113330 |
| child abuse detection. | 113331 |
| (B) The Division of Criminal Justice Services in the | 113332 |
| Department of Public Safety and the Department of Education may | 113333 |
| prepare and submit to the Controlling Board one or more requests | 113334 |
| to transfer appropriations from appropriation item 911404, | 113335 |
| Mandate Assistance. The state agencies charged with this | 113336 |
| administrative responsibility are listed below, as well as the | 113337 |
| estimated annual amounts that may be used for each program of | 113338 |
| state financial assistance. | 113339 |
| ESTIMATED | 113340 | |||||
| ADMINISTERING | ANNUAL | 113341 | ||||
| PROGRAM | AGENCY | AMOUNT | 113342 |
| Prosecution Costs | Division of Criminal | $125,446 | 113343 | |||
| Justice Services | 113344 | |||||
| Child Abuse Detection Training Costs | Department of Education | $419,971 | 113345 |
| (C) Subject to the total amount appropriated in each fiscal | 113346 |
| year for appropriation item 911404, Mandate Assistance, the | 113347 |
| Division of Criminal Justice Services and the Department of | 113348 |
| Education may request from the Controlling Board that amounts | 113349 |
| smaller or larger than these estimated annual amounts be | 113350 |
| transferred to each program. | 113351 |
| (D) In addition to making the initial transfers requested by | 113352 |
| the Division of Criminal Justice Services and the Department of | 113353 |
| Education, the Controlling Board may transfer appropriations | 113354 |
| received by a state agency under this section back to | 113355 |
| appropriation item 911404, Mandate Assistance, or to the other | 113356 |
| program of state financial assistance identified under this | 113357 |
| section. | 113358 |
| (E) It is expected that not all costs incurred by local units | 113359 |
| of government and school districts under each of the two programs | 113360 |
| of state financial assistance identified in this section will be | 113361 |
| fully reimbursed by the state. Reimbursement levels may vary by | 113362 |
| program and shall be based on: the relationship between the | 113363 |
| appropriation transfers requested by the Division of Criminal | 113364 |
| Justice Services and the Department of Education and provided by | 113365 |
| the Controlling Board for each of the programs; the rules and | 113366 |
| procedures established for each program by the administering state | 113367 |
| agency; and the actual costs incurred by local units of | 113368 |
| government and school districts. | 113369 |
| (F) Each of these programs of state financial assistance | 113370 |
| shall be carried out as follows: | 113371 |
| (1) PROSECUTION COSTS | 113372 |
| (a) Appropriations may be transferred to the Division of | 113373 |
| Criminal Justice Services to cover local prosecution costs for | 113374 |
| aggravated murder, murder, felonies of the first degree, and | 113375 |
| felonies of the second degree that occur on the grounds of | 113376 |
| institutions operated by the Department of Rehabilitation and | 113377 |
| Correction and the Department of Youth Services. | 113378 |
| (b) Upon a delinquency filing in juvenile court or the return | 113379 |
| of an indictment for aggravated murder, murder, or any felony of | 113380 |
| the first or second degree that was committed at a Department of | 113381 |
| Youth Services or a Department of Rehabilitation and Correction | 113382 |
| institution, the affected county may, in accordance with rules | 113383 |
| that the Division of Criminal Justice Services shall adopt, apply | 113384 |
| to the Division of Criminal Justice Services for a grant to cover | 113385 |
| all documented costs that are incurred by the county prosecutor's | 113386 |
| office. | 113387 |
| (c) Twice each year, the Division of Criminal Justice | 113388 |
| Services shall designate counties to receive grants from those | 113389 |
| counties that have submitted one or more applications in | 113390 |
| compliance with the rules that have been adopted by the Division | 113391 |
| of Criminal Justice Services for the receipt of such grants. In | 113392 |
| each year's first round of grant awards, if sufficient | 113393 |
| appropriations have been made, up to a total of $100,000 may be | 113394 |
| awarded. In each year's second round of grant awards, the | 113395 |
| remaining appropriations available for this purpose may be | 113396 |
| awarded. | 113397 |
| (d) If for a given round of grants there are insufficient | 113398 |
| appropriations to make grant awards to all the eligible counties, | 113399 |
| the first priority shall be given to counties with cases involving | 113400 |
| aggravated murder and murder; second priority shall be given to | 113401 |
| counties with cases involving a felony of the first degree; and | 113402 |
| third priority shall be given to counties with cases involving a | 113403 |
| felony of the second degree. Within these priorities, the grant | 113404 |
| awards shall be based on the order in which the applications were | 113405 |
| received, except that applications for cases involving a felony of | 113406 |
| the first or second degree shall not be considered in more than | 113407 |
| two consecutive rounds of grant awards. | 113408 |
| (2) CHILD ABUSE DETECTION TRAINING COSTS | 113409 |
| Appropriations may be transferred to the Department of | 113410 |
| Education for payment to local school districts as full or partial | 113411 |
| reimbursement for the cost of providing in-service training for | 113412 |
| child abuse detection. In accordance with rules that the | 113413 |
| Department shall adopt, a local school district may apply to the | 113414 |
| Department for a grant to cover all documented costs that are | 113415 |
| incurred to provide in-service training for child abuse detection. | 113416 |
| The department shall make grants within the limits of the funding | 113417 |
| provided. | 113418 |
| (G) Any moneys allocated within appropriation item 911404, | 113419 |
| Mandate Assistance, not fully utilized may, upon application of | 113420 |
| the Ohio Public Defender Commission, and with the approval of the | 113421 |
| Controlling Board, be paid to boards of county commissioners to | 113422 |
| provide additional reimbursement for the costs incurred by | 113423 |
| counties in providing defense to indigent defendants pursuant to | 113424 |
| Chapter 120. of the Revised Code. Application for the unutilized | 113425 |
| funds shall be made by the Ohio Public Defender Commission at the | 113426 |
| first June meeting of the Controlling Board. | 113427 |
| The amount to be paid to each county shall be allocated | 113428 |
| proportionately on the basis of the total amount of reimbursement | 113429 |
| paid to each county as a percentage of the amount of reimbursement | 113430 |
| paid to all of the counties during the most recent state fiscal | 113431 |
| year for which data is available and as calculated by the Ohio | 113432 |
| Public Defender Commission. | 113433 |
| BALLOT ADVERTISING COSTS | 113434 |
| Pursuant to section 3501.17 of the Revised Code, and upon | 113435 |
| requests submitted by the Secretary of State, the Controlling | 113436 |
| Board shall approve transfers from the foregoing appropriation | 113437 |
| item 911441, Ballot Advertising Costs, to appropriation item | 113438 |
| 050621, Statewide Ballot Advertising, in order to pay for the | 113439 |
| cost of public notices associated with statewide ballot | 113440 |
| initiatives. | 113441 |
| Section 247.10. COS STATE BOARD OF COSMETOLOGY | 113442 |
| General Services Fund Group | 113443 |
| 4K90 | 879609 | Operating Expenses | $ | 3,533,679 | $ | 3,533,679 | 113444 | ||||
| TOTAL GSF General Services Fund | 113445 | ||||||||||
| Group | $ | 3,533,679 | $ | 3,533,679 | 113446 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,533,679 | $ | 3,533,679 | 113447 | ||||||
| Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE | 113449 |
| AND FAMILY THERAPIST BOARD | 113450 |
| General Services Fund Group | 113451 |
| 4K90 | 899609 | Operating Expenses | $ | 1,179,774 | $ | 1,179,774 | 113452 | ||||
| TOTAL GSF General Services Fund | 113453 | ||||||||||
| Group | $ | 1,179,774 | $ | 1,179,774 | 113454 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,179,774 | $ | 1,179,774 | 113455 | ||||||
| Section 251.10. CLA COURT OF CLAIMS | 113457 |
| General Revenue Fund | 113458 |
| GRF | 015321 | Operating Expenses | $ | 2,699,369 | $ | 2,780,350 | 113459 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,699,369 | $ | 2,780,350 | 113460 | ||||||
| State Special Revenue Fund Group | 113461 |
| 5K20 | 015603 | CLA Victims of Crime | $ | 1,582,684 | $ | 1,582,684 | 113462 | ||||
| TOTAL SSR State Special Revenue | 113463 | ||||||||||
| Fund Group | $ | 1,582,684 | $ | 1,582,684 | 113464 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,282,053 | $ | 4,363,034 | 113465 | ||||||
| Section 253.10. AFC OHIO CULTURAL FACILITIES COMMISSION | 113467 |
| General Revenue Fund | 113468 |
| GRF | 371321 | Operating Expenses | $ | 140,909 | $ | 140,909 | 113469 | ||||
| GRF | 371401 | Lease Rental Payments | $ | 26,454,900 | $ | 28,301,600 | 113470 | ||||
| TOTAL GRF General Revenue Fund | $ | 26,595,809 | $ | 28,442,509 | 113471 | ||||||
| State Special Revenue Fund Group | 113472 |
| 4T80 | 371601 | Riffe Theatre Equipment Maintenance | $ | 81,000 | $ | 81,000 | 113473 | ||||
| 4T80 | 371603 | Project Administration Services | $ | 1,302,866 | $ | 1,302,866 | 113474 | ||||
| TOTAL SSR State Special Revenue Group | $ | 1,383,866 | $ | 1,383,866 | 113475 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 27,979,675 | $ | 29,826,375 | 113476 | ||||||
| LEASE RENTAL PAYMENTS | 113477 |
| The foregoing appropriation item 371401, Lease Rental | 113478 |
| Payments, shall be used to meet all payments from the Ohio | 113479 |
| Cultural Facilities Commission to the Treasurer of State during | 113480 |
| the period from July 1, 2009, to June 30, 2011, under the primary | 113481 |
| leases and agreements for those arts and sports facilities made | 113482 |
| under Chapters 152. and 154. of the Revised Code. This | 113483 |
| appropriation is the source of funds pledged for bond service | 113484 |
| charges on related obligations issued under Chapters 152. and | 113485 |
| 154. of the Revised Code. | 113486 |
| OPERATING EXPENSES | 113487 |
| The foregoing appropriation item 371321, Operating Expenses, | 113488 |
| shall be used by the Ohio Cultural Facilities Commission to carry | 113489 |
| out its responsibilities under this section and Chapter 3383. of | 113490 |
| the Revised Code. | 113491 |
| By the tenth day following each calendar quarter in each | 113492 |
| fiscal year, or as soon as possible thereafter, the Director of | 113493 |
| Budget and Management shall determine the amount of cash from | 113494 |
| interest earnings to be transferred from the Cultural and Sports | 113495 |
| Facilities Building Fund (Fund 7030) to the Cultural Facilities | 113496 |
| Commission Administration Fund (Fund 4T80). | 113497 |
| As soon as possible after each bond issuance made on behalf | 113498 |
| of the Cultural Facilities Commission, the Director of Budget and | 113499 |
| Management shall determine the amount of cash from any premium | 113500 |
| paid on each issuance that is available to be transferred after | 113501 |
| all issuance costs have been paid from the Cultural and Sports | 113502 |
| Facilities Building Fund (Fund 7030) to the Cultural Facilities | 113503 |
| Commission Administration Fund (Fund 4T80). | 113504 |
| CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS | 113505 |
| The Executive Director of the Cultural Facilities Commission | 113506 |
| shall certify to the Director of Budget and Management the amount | 113507 |
| of cash receipts and related investment income, irrevocable | 113508 |
| letters of credit from a bank, or certification of the | 113509 |
| availability of funds that have been received from a county or a | 113510 |
| municipal corporation for deposit into the Capital Donations Fund | 113511 |
| (Fund 5A10) and that are related to an anticipated project. These | 113512 |
| amounts are hereby appropriated to appropriation item C37146, | 113513 |
| Capital Donations. Prior to certifying these amounts to the | 113514 |
| Director, the Executive Director shall make a written agreement | 113515 |
| with the participating entity on the necessary cash flows required | 113516 |
| for the anticipated construction or equipment acquisition project. | 113517 |
| Section 255.10. DEN STATE DENTAL BOARD | 113518 |
| General Services Fund Group | 113519 |
| 4K90 | 880609 | Operating Expenses | $ | 1,528,749 | $ | 1,528,749 | 113520 | ||||
| TOTAL GSF General Services Fund | 113521 | ||||||||||
| Group | $ | 1,528,749 | $ | 1,528,749 | 113522 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,528,749 | $ | 1,528,749 | 113523 | ||||||
| Section 257.10. BDP BOARD OF DEPOSIT | 113525 |
| General Services Fund Group | 113526 |
| 4M20 | 974601 | Board of Deposit | $ | 1,876,000 | $ | 1,876,000 | 113527 | ||||
| TOTAL GSF General Services Fund | 113528 | ||||||||||
| Group | $ | 1,876,000 | $ | 1,876,000 | 113529 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,876,000 | $ | 1,876,000 | 113530 | ||||||
| BOARD OF DEPOSIT EXPENSE FUND | 113531 |
| Upon receiving certification of expenses from the Treasurer | 113532 |
| of State, the Director of Budget and Management shall transfer | 113533 |
| cash from the Investment Earnings Redistribution Fund (Fund 6080) | 113534 |
| to the Board of Deposit Expense Fund (Fund 4M20). The latter fund | 113535 |
| shall be used pursuant to section 135.02 of the Revised Code to | 113536 |
| pay for any and all necessary expenses of the Board of Deposit or | 113537 |
| for banking charges and fees required for the operation of the | 113538 |
| State of Ohio Regular Account. | 113539 |
| Section 259.10. DEV DEPARTMENT OF DEVELOPMENT | 113540 |
| General Revenue Fund | 113541 |
| GRF | 195401 | Thomas Edison Program | $ | 15,946,751 | $ | 15,946,751 | 113542 | ||||
| GRF | 195404 | Small Business Development | $ | 1,565,770 | $ | 1,565,770 | 113543 | ||||
| GRF | 195405 | Minority Business Enterprise Division | $ | 1,238,528 | $ | 1,238,528 | 113544 | ||||
| GRF | 195407 | Travel and Tourism | $ | 1,399,410 | $ | 1,399,410 | 113545 | ||||
| GRF | 195410 | Defense Conversion Assistance | $ | 3,000,000 | $ | 1,000,000 | 113546 | ||||
| GRF | 195412 | Rapid Outreach Grants | $ | 11,000,000 | $ | 11,000,000 | 113547 | ||||
| GRF | 195415 | Strategic Business Investment Division and Regional Offices | $ | 5,882,129 | $ | 5,882,129 | 113548 | ||||
| GRF | 195416 | Governor's Office of Appalachia | $ | 4,508,741 | $ | 4,508,741 | 113549 | ||||
| GRF | 195422 | Technology Action | $ | 3,500,000 | $ | 3,500,000 | 113550 | ||||
| GRF | 195426 | Clean Ohio Implementation | $ | 168,365 | $ | 168,365 | 113551 | ||||
| GRF | 195432 | Global Markets | $ | 3,889,566 | $ | 3,889,566 | 113552 | ||||
| GRF | 195434 | Industrial Training Grants | $ | 11,334,893 | $ | 11,334,893 | 113553 | ||||
| GRF | 195436 | Labor/Management Cooperation | $ | 752,603 | $ | 752,603 | 113554 | ||||
| GRF | 195497 | CDBG Operating Match | $ | 1,056,075 | $ | 1,056,075 | 113555 | ||||
| GRF | 195498 | State Match Energy | $ | 246,820 | $ | 246,820 | 113556 | ||||
| GRF | 195501 | Appalachian Local Development Districts | $ | 391,482 | $ | 391,482 | 113557 | ||||
| GRF | 195502 | Appalachian Regional Commission Dues | $ | 221,924 | $ | 221,924 | 113558 | ||||
| GRF | 195507 | Travel and Tourism Grants | $ | 2,005,000 | $ | 2,005,000 | 113559 | ||||
| GRF | 195520 | Ohio Main Street Program | $ | 575,000 | $ | 75,000 | 113560 | ||||
| GRF | 195521 | Discover Ohio! | $ | 6,800,903 | $ | 6,800,903 | 113561 | ||||
| GRF | 195522 | Targeted Industry Training Grants | $ | 3,800,000 | $ | 3,800,000 | 113562 | ||||
| GRF | 195523 | Workforce Retention & Attraction | $ | 500,000 | $ | 500,000 | 113563 | ||||
| GRF | 195524 | EfficientGovNow Match | $ | 1,000,000 | $ | 0 | 113564 | ||||
| GRF | 195905 | Third Frontier Research & Development General Obligation Debt Service | $ | 20,948,300 | $ | 29,011,600 | 113565 | ||||
| GRF | 195912 | Job Ready Site Development General Obligation Debt Service | $ | 5,685,400 | $ | 10,601,900 | 113566 | ||||
| TOTAL GRF General Revenue Fund | $ | 107,417,660 | $ | 116,897,460 | 113567 | ||||||
| General Services Fund Group | 113568 |
| 1350 | 195684 | Supportive Services | $ | 12,162,444 | $ | 12,184,444 | 113569 | ||||
| 4W10 | 195646 | Minority Business Enterprise Loan | $ | 2,580,597 | $ | 2,580,597 | 113570 | ||||
| 5AD0 | 195677 | Economic Development Contingency | $ | 4,000,000 | $ | 4,000,000 | 113571 | ||||
| 5DU0 | 195689 | Energy Projects | $ | 840,000 | $ | 840,000 | 113572 | ||||
| 5W50 | 195690 | Travel and Tourism Cooperative Projects | $ | 350,000 | $ | 350,000 | 113573 | ||||
| 6850 | 195636 | Direct Cost Recovery Expenditures | $ | 1,000,000 | $ | 1,000,000 | 113574 | ||||
| TOTAL GSF General Services Fund | 113575 | ||||||||||
| Group | $ | 20,933,041 | $ | 20,955,041 | 113576 | ||||||
| Federal Special Revenue Fund Group | 113577 |
| 3080 | 195602 | Appalachian Regional Commission | $ | 475,000 | $ | 475,000 | 113578 | ||||
| 3080 | 195603 | Housing and Urban Development | $ | 6,000,000 | $ | 6,000,000 | 113579 | ||||
| 3080 | 195605 | Federal Projects | $ | 27,000,000 | $ | 27,000,000 | 113580 | ||||
| 3080 | 195609 | Small Business Administration | $ | 5,011,381 | $ | 5,011,381 | 113581 | ||||
| 3080 | 195618 | Energy Federal Grants | $ | 3,400,000 | $ | 3,400,000 | 113582 | ||||
| 3350 | 195610 | Energy Conservation and Emerging Technology | $ | 1,800,000 | $ | 1,100,000 | 113583 | ||||
| 3AE0 | 195643 | Workforce Development Initiatives | $ | 17,000,000 | $ | 16,500,000 | 113584 | ||||
| 3K80 | 195613 | Community Development Block Grant | $ | 65,000,000 | $ | 65,000,000 | 113585 | ||||
| 3K90 | 195611 | Home Energy Assistance Block Grant | $ | 115,743,608 | $ | 115,743,608 | 113586 | ||||
| 3K90 | 195614 | HEAP Weatherization | $ | 22,000,000 | $ | 22,000,000 | 113587 | ||||
| 3L00 | 195612 | Community Services Block Grant | $ | 25,235,000 | $ | 25,235,000 | 113588 | ||||
| 3V10 | 195601 | HOME Program | $ | 40,000,000 | $ | 40,000,000 | 113589 | ||||
| TOTAL FED Federal Special Revenue | 113590 | ||||||||||
| Fund Group | $ | 328,664,989 | $ | 327,464,989 | 113591 | ||||||
| State Special Revenue Fund Group | 113592 |
| 4440 | 195607 | Water and Sewer Commission Loans | $ | 500,000 | $ | 500,000 | 113593 | ||||
| 4500 | 195624 | Minority Business Bonding Program Administration | $ | 53,967 | $ | 53,967 | 113594 | ||||
| 4510 | 195625 | Economic Development Financing Operating | $ | 3,433,311 | $ | 3,433,311 | 113595 | ||||
| 4F20 | 195639 | State Special Projects | $ | 400,000 | $ | 400,000 | 113596 | ||||
| 4F20 | 195676 | Marketing Initiatives | $ | 6,100,000 | $ | 6,100,000 | 113597 | ||||
| 4F20 | 195699 | Utility Provided Funds | $ | 500,000 | $ | 500,000 | 113598 | ||||
| 4S00 | 195630 | Tax Incentive Programs | $ | 650,800 | $ | 650,800 | 113599 | ||||
| 5CG0 | 195679 | Alternative Fuel Transportation | $ | 1,000,000 | $ | 1,000,000 | 113600 | ||||
| 5M40 | 195659 | Low Income Energy Assistance | $ | 245,000,000 | $ | 245,000,000 | 113601 | ||||
| 5M50 | 195660 | Advanced Energy Programs | $ | 17,000,000 | $ | 17,000,000 | 113602 | ||||
| 5W60 | 195691 | International Trade Cooperative Projects | $ | 25,000 | $ | 0 | 113603 | ||||
| 5X10 | 195651 | Exempt Facility Inspection | $ | 8,000 | $ | 0 | 113604 | ||||
| 6110 | 195631 | Water and Sewer Administration | $ | 10,000 | $ | 10,000 | 113605 | ||||
| 6170 | 195654 | Volume Cap Administration | $ | 200,000 | $ | 200,000 | 113606 | ||||
| 6460 | 195638 | Low- and Moderate- Income Housing Trust Fund | $ | 53,000,000 | $ | 53,000,000 | 113607 | ||||
| TOTAL SSR State Special Revenue | 113608 | ||||||||||
| Fund Group | $ | 327,881,078 | $ | 327,848,078 | 113609 | ||||||
| Facilities Establishment Fund Group | 113610 |
| 4Z60 | 195647 | Rural Industrial Park Loan | $ | 3,000,000 | $ | 3,000,000 | 113611 | ||||
| 5D20 | 195650 | Urban Redevelopment Loans | $ | 5,000,000 | $ | 5,000,000 | 113612 | ||||
| 5S80 | 195627 | Rural Development Initiative | $ | 3,000,000 | $ | 3,000,000 | 113613 | ||||
| 5S90 | 195628 | Capital Access Loan Program | $ | 3,000,000 | $ | 3,000,000 | 113614 | ||||
| 7008 | 195698 | Logistics & Distribution Infrastructure | $ | 50,000,000 | $ | 0 | 113615 | ||||
| 7009 | 195664 | Innovation Ohio | $ | 20,000,000 | $ | 20,000,000 | 113616 | ||||
| 7010 | 195665 | Research and Development | $ | 35,000,000 | $ | 35,000,000 | 113617 | ||||
| 7037 | 195615 | Facilities Establishment | $ | 65,000,000 | $ | 65,000,000 | 113618 | ||||
| TOTAL 037 Facilities | 113619 | ||||||||||
| Establishment Fund Group | $ | 184,000,000 | $ | 134,000,000 | 113620 | ||||||
| Clean Ohio Revitalization Fund | 113621 |
| 7003 | 195663 | Clean Ohio Operating | $ | 964,200 | $ | 953,300 | 113622 | ||||
| TOTAL 7003 Clean Ohio Revitalization Fund | $ | 964,200 | $ | 953,300 | 113623 | ||||||
| Third Frontier Research & Development Fund Group | 113624 |
| 7011 | 195687 | Third Frontier Research & Development Projects | $ | 55,000,000 | $ | 55,000,000 | 113625 | ||||
| 7014 | 195692 | Research & Development Taxable Bond Projects | $ | 6,000,000 | $ | 6,000,000 | 113626 | ||||
| TOTAL 011 Third Frontier Research & Development Fund Group | $ | 61,000,000 | $ | 61,000,000 | 113627 | ||||||
| Job Ready Site Development Fund Group | 113628 |
| 7012 | 195688 | Job Ready Site Operating | $ | 1,246,155 | $ | 1,246,155 | 113629 | ||||
| TOTAL 012 Job Ready Site Development Fund Group | $ | 1,246,155 | $ | 1,246,155 | 113630 | ||||||
| Tobacco Master Settlement Agreement Fund Group | 113631 |
| 5Z30 | 195694 | Jobs Fund Bioproducts | $ | 40,000,000 | $ | 10,000,000 | 113632 | ||||
| 5Z30 | 195695 | Jobs Fund Biomedical | $ | 80,000,000 | $ | 20,000,000 | 113633 | ||||
| M087 | 195435 | Biomedical Research and Technology Transfer | $ | 1,257,363 | $ | 1,259,563 | 113634 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 121,257,363 | $ | 31,259,563 | 113635 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,153,364,486 | $ | 1,021,624,586 | 113636 | ||||||
| Section 259.10.10. THOMAS EDISON PROGRAM | 113638 |
| The foregoing appropriation item 195401, Thomas Edison | 113639 |
| Program, shall be used for the purposes of sections 122.28 to | 113640 |
| 122.38 of the Revised Code. Of the foregoing appropriation item | 113641 |
| 195401, Thomas Edison Program, not more than ten per cent in each | 113642 |
| fiscal year shall be used for operating expenditures in | 113643 |
| administering the programs of the Technology and Innovation | 113644 |
| Division. | 113645 |
| Notwithstanding any provision of law to the contrary, of the | 113646 |
| foregoing appropriation item 195401, Thomas Edison Program, | 113647 |
| $75,000 in each fiscal year shall be used for the City of | 113648 |
| Cleveland and $75,000 in each fiscal year shall be used for the | 113649 |
| City of Toledo to develop the Toledo-Cleveland Energy Corridor. | 113650 |
| These funds shall not be released unless the Department of | 113651 |
| Development first secures a commitment of matching funds from each | 113652 |
| recipient. | 113653 |
| Notwithstanding any provision of law to the contrary, of the | 113654 |
| foregoing appropriation item 195401, Thomas Edison Program, | 113655 |
| $160,000 in fiscal year 2010 shall be used for an in-depth | 113656 |
| workforce needs assessment for the advanced and renewable energy | 113657 |
| industry and affiliated suppliers in Northwest Ohio. The | 113658 |
| assessment shall identify the skill sets required for workers | 113659 |
| needed by the industry. Any unexpended and unencumbered portion of | 113660 |
| the moneys appropriated for this purpose in fiscal year 2010 shall | 113661 |
| be reappropriated for the same purpose in fiscal year 2011. | 113662 |
| Section 259.10.20. SMALL BUSINESS DEVELOPMENT | 113663 |
| The foregoing appropriation item 195404, Small Business | 113664 |
| Development, shall be used as matching funds for grants from the | 113665 |
| United States Small Business Administration and other federal | 113666 |
| agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub. | 113667 |
| L. No. 98-395 (1984), and regulations and policy guidelines for | 113668 |
| the programs pursuant thereto. This appropriation item also may be | 113669 |
| used to provide grants to local organizations to support the | 113670 |
| operation of small business development centers and other local | 113671 |
| economic development activities that promote small business | 113672 |
| development and entrepreneurship. | 113673 |
| Section 259.10.25. DEFENSE CONVERSION ASSISTANCE | 113674 |
| The foregoing appropriation item 195410, Defense Conversion | 113675 |
| Assistance, shall be used by Development Projects, Inc., for the | 113676 |
| creation of new jobs to leverage and support mission gains at | 113677 |
| Wright-Patterson Air Force Base in defense intelligence, aerospace | 113678 |
| research, and related areas from successful base realignment and | 113679 |
| closure efforts. Moneys shall not be disbursed for any project | 113680 |
| under this section without the approval of the Director of | 113681 |
| Development. | 113682 |
| Section 259.10.30. RAPID OUTREACH GRANTS | 113683 |
| The foregoing appropriation item 195412, Rapid Outreach | 113684 |
| Grants, shall be used as an incentive for attracting, expanding, | 113685 |
| and retaining business opportunities for the state. Projects | 113686 |
| offering substantial opportunities for new, expanding, or retained | 113687 |
| business operations in Ohio, are eligible for grant funding. The | 113688 |
| projects must create or retain a significant number of jobs for | 113689 |
| Ohioans. An award of grant funds is reserved for only those | 113690 |
| instances in which Ohio's ability to attract, retain, or assist | 113691 |
| with an expansion of a project depends on an award of funds from | 113692 |
| appropriation item 195412, Rapid Outreach Grants. | 113693 |
| The department's primary goal shall be to award funds | 113694 |
| directly to business entities considering Ohio for their | 113695 |
| expansion or new site location opportunities. Rapid Outreach | 113696 |
| grants shall be used by recipients to purchase equipment, make | 113697 |
| infrastructure improvements, make real property improvements, or | 113698 |
| fund other fixed assets. To meet the particular needs of economic | 113699 |
| development in a region, the department may elect to award funds | 113700 |
| directly to a political subdivision to assist with making on- or | 113701 |
| off-site infrastructure improvements to water and sewage | 113702 |
| treatment facilities, electric or gas service connections, fiber | 113703 |
| optic access, rail facilities, site preparation, and parking | 113704 |
| facilities. The Director of Development may recommend that the | 113705 |
| funds be used for alternative purposes when considered | 113706 |
| appropriate to satisfy an economic development opportunity or | 113707 |
| need deemed extraordinary in nature by the Director. | 113708 |
| The foregoing appropriation item 195412, Rapid Outreach | 113709 |
| Grants, may be expended only after the submission of a request to | 113710 |
| the Controlling Board by the Department of Development outlining | 113711 |
| the planned use of the funds, and the subsequent approval of the | 113712 |
| request by the Controlling Board. | 113713 |
| The foregoing appropriation item 195412, Rapid Outreach | 113714 |
| Grants, may be used for, but is not limited to, construction, | 113715 |
| rehabilitation, and acquisition projects for rail freight | 113716 |
| assistance as requested by the Department of Transportation. The | 113717 |
| Director of Transportation shall submit the proposed projects to | 113718 |
| the Director of Development for an evaluation of potential | 113719 |
| economic benefit. | 113720 |
| Section 259.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND | 113721 |
| REGIONAL OFFICES | 113722 |
| The foregoing appropriation item 195415, Strategic Business | 113723 |
| Investment Division and Regional Offices, shall be used for the | 113724 |
| operating expenses of the Strategic Business Investment Division | 113725 |
| and the regional economic development offices and for grants for | 113726 |
| cooperative economic development ventures. | 113727 |
| Section 259.10.50. GOVERNOR'S OFFICE OF APPALACHIA | 113728 |
| The foregoing appropriation item 195416, Governor's Office of | 113729 |
| Appalachia, may be used for the administrative costs of planning | 113730 |
| and liaison activities for the Governor's Office of Appalachia, | 113731 |
| to provide financial assistance to projects in Ohio's | 113732 |
| Appalachian counties, and to match federal funds from the | 113733 |
| Appalachian Regional Commission. | 113734 |
| Section 259.10.60. TECHNOLOGY ACTION | 113735 |
| The foregoing appropriation item 195422, Technology Action, | 113736 |
| shall be used for operating expenses the Department of | 113737 |
| Development incurs for administering sections 184.10 to 184.20 of | 113738 |
| the Revised Code. If the appropriation is insufficient to cover | 113739 |
| the operating expenses, the Department may request Controlling | 113740 |
| Board approval to appropriate the additional amount needed in | 113741 |
| appropriation item 195686, Third Frontier Operating. The | 113742 |
| Department shall not request an amount in excess of the amount | 113743 |
| needed. | 113744 |
| Section 259.10.70. CLEAN OHIO IMPLEMENTATION | 113745 |
| The foregoing appropriation item 195426, Clean Ohio | 113746 |
| Implementation, shall be used to fund the costs of administering | 113747 |
| the Clean Ohio Revitalization program and other urban | 113748 |
| revitalization programs that may be implemented by the Department | 113749 |
| of Development. | 113750 |
| Section 259.10.80. GLOBAL MARKETS | 113751 |
| The foregoing appropriation item 195432, Global Markets, | 113752 |
| shall be used to administer Ohio's foreign trade and investment | 113753 |
| programs, including operation and maintenance of Ohio's | 113754 |
| out-of-state trade and investment offices. This appropriation | 113755 |
| item also shall be used to fund the Global Markets Division and to | 113756 |
| assist Ohio manufacturers, agricultural producers, and service | 113757 |
| providers in exporting to foreign countries and to assist in the | 113758 |
| attraction of foreign direct investment. | 113759 |
| Section 259.10.90. OHIO WORKFORCE GUARANTEE PROGRAM | 113760 |
| The foregoing appropriation item 195434, Industrial Training | 113761 |
| Grants, may be used for the Ohio Workforce Guarantee Program to | 113762 |
| promote training through grants to businesses and, in the case of | 113763 |
| a business consortium, training and education providers for the | 113764 |
| reimbursement of eligible training expenses. | 113765 |
| Of the foregoing appropriation item 195643, Workforce | 113766 |
| Development Initiatives, $5,400,000 in each fiscal year shall be | 113767 |
| used to support the Ohio Workforce Guarantee Grant Program. | 113768 |
| Of the foregoing appropriation item 195643, Workforce | 113769 |
| Development Initiatives, $50,000 in each fiscal year shall be used | 113770 |
| for the NewLife Technical Institute in support of the Bridges from | 113771 |
| Poverty to IT Jobs pilot program. | 113772 |
| Section 259.15.10. STATE MATCH ENERGY | 113773 |
| Of the foregoing appropriation item 195498, State Match | 113774 |
| Energy, $150,000 in each fiscal year shall be used to support the | 113775 |
| Ross County Auditor in conducting a study of renewable energy | 113776 |
| sources for schools. The study shall investigate the feasibility | 113777 |
| of implementing bio-fuel energy sources for school heating | 113778 |
| systems. | 113779 |
| Section 259.20.10. OHIO FILM OFFICE | 113780 |
| The Ohio Film Office shall promote media productions in the | 113781 |
| state and help the industry optimize its production experience in | 113782 |
| the state by enhancing local economies through increased | 113783 |
| employment and tax revenues and ensuring an accurate portrayal of | 113784 |
| Ohio. The Office shall serve as an informational clearinghouse and | 113785 |
| provide technical assistance to the media production industry and | 113786 |
| business entities engaged in media production in the state. The | 113787 |
| Office shall promote Ohio as the ideal site for media production | 113788 |
| and help those in the industry benefit from their experience in | 113789 |
| the state. | 113790 |
| The primary objective of the Office shall be to encourage | 113791 |
| development of a strong capital base for electronic media | 113792 |
| production in order to achieve an independent, self-supporting | 113793 |
| industry in Ohio. Other objectives shall include: | 113794 |
| (A) Attracting private investment for the electronic media | 113795 |
| production industry; | 113796 |
| (B) Developing a tax infrastructure that encourages private | 113797 |
| investment; and | 113798 |
| (C) Encouraging increased employment opportunities within | 113799 |
| this sector and increased competition with other states. | 113800 |
| Section 259.20.15. TRAVEL AND TOURISM GRANTS | 113801 |
| Of the foregoing appropriation item 195507, Travel and | 113802 |
| Tourism Grants, $550,000 in each fiscal year shall be used to | 113803 |
| support operating expenses at the National Underground Railroad | 113804 |
| Freedom Center. | 113805 |
| Of the foregoing appropriation item 195507, Travel and | 113806 |
| Tourism Grants, $400,000 in each fiscal year shall be used for the | 113807 |
| Great Lakes Science Center. | 113808 |
| Of the foregoing appropriation item 195507, Travel and | 113809 |
| Tourism Grants, $250,000 in each fiscal year shall be used for the | 113810 |
| Cleveland Zoo. | 113811 |
| Of the foregoing appropriation item 195507, Travel and | 113812 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 113813 |
| Greater Cleveland Sports Commission, and $50,000 in each fiscal | 113814 |
| year shall be used for the Greater Columbus Sports Commission. | 113815 |
| Of the foregoing appropriation item 195507, Travel and | 113816 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 113817 |
| Montgomery County Youth Sports Initiative to attract Amateur | 113818 |
| Athletic Union tournaments. | 113819 |
| Of the foregoing appropriation item 195507, Travel and | 113820 |
| Tourism Grants, $80,000 in each fiscal year shall be used for the | 113821 |
| outdoor dramas Tecumseh! and Trumpet in the Land. | 113822 |
| Of the foregoing appropriation item 195507, Travel and | 113823 |
| Tourism Grants, $500,000 in each fiscal year shall be used for the | 113824 |
| International Center for the Preservation of Wild Animals. | 113825 |
| Of the foregoing appropriation item 195507, Travel and | 113826 |
| Tourism Grants, $25,000 in each fiscal year shall be used for | 113827 |
| Ohio's Appalachian Country to support tourism activities in | 113828 |
| Appalachian counties. | 113829 |
| Of the foregoing appropriation item 195507, Travel and | 113830 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 113831 |
| Columbus Film Commission. | 113832 |
| Section 259.20.20. DISCOVER OHIO! | 113833 |
| The foregoing appropriation item 195521, Discover Ohio!, | 113834 |
| shall be used by the Ohio Tourism Division in the Department of | 113835 |
| Development for marketing and promoting Ohio as a tourism | 113836 |
| destination and for costs associated with operating such | 113837 |
| programs. | 113838 |
| Section 259.20.25. EFFICIENTGOVNOW MATCH | 113839 |
| Of the foregoing appropriation item 195524, EfficientGovNow | 113840 |
| Match, up to $150,000 in fiscal year 2010 shall be used to match | 113841 |
| grants awarded by EfficientGovNow in Northeast Ohio. The state | 113842 |
| shall match up to three grants, and no state matching grant shall | 113843 |
| exceed $50,000. | 113844 |
| Of the foregoing appropriation item 195524, EfficientGovNow | 113845 |
| Match, up to $850,000 in fiscal year 2010 shall be used to match | 113846 |
| grants awarded by EfficientGovNow if EfficientGovNow expands | 113847 |
| statewide. | 113848 |
| Any unexpended and unencumbered portion of the foregoing | 113849 |
| appropriation item 195524, EfficientGovNow Match, at the end of | 113850 |
| fiscal year 2010 is hereby appropriated for the same purpose in | 113851 |
| fiscal year 2011. | 113852 |
| Section 259.20.30. THIRD FRONTIER RESEARCH & DEVELOPMENT | 113853 |
| GENERAL OBLIGATION DEBT SERVICE | 113854 |
| The foregoing appropriation item 195905, Third Frontier | 113855 |
| Research & Development General Obligation Debt Service, shall be | 113856 |
| used to pay all debt service and related financing costs during | 113857 |
| the period from July 1, 2009, to June 30, 2011, on obligations | 113858 |
| issued for research and development purposes under sections 151.01 | 113859 |
| and 151.10 of the Revised Code. | 113860 |
| JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 113861 |
| The foregoing appropriation item 195912, Job Ready Site | 113862 |
| Development General Obligation Debt Service, shall be used to pay | 113863 |
| all debt service and related financing costs during the period | 113864 |
| from July 1, 2009, to June 30, 2011, on obligations issued for job | 113865 |
| ready site development purposes under sections 151.01 and 151.11 | 113866 |
| of the Revised Code. | 113867 |
| Section 259.20.40. SUPPORTIVE SERVICES | 113868 |
| The Director of Development may assess divisions of the | 113869 |
| department for the cost of central service operations. An | 113870 |
| assessment shall contain the characteristics of administrative | 113871 |
| ease and uniform application. A division's payments shall be | 113872 |
| credited to the Supportive Services Fund (Fund 1350) using an | 113873 |
| intrastate transfer voucher. | 113874 |
| ECONOMIC DEVELOPMENT CONTINGENCY | 113875 |
| The foregoing appropriation item 195677, Economic | 113876 |
| Development Contingency, may be used to award funds directly to | 113877 |
| either (1) business entities considering Ohio for expansion or new | 113878 |
| site location opportunities or (2) political subdivisions to | 113879 |
| assist with necessary costs involved in attracting a business | 113880 |
| entity. In addition, the Director of Development may award funds | 113881 |
| for alternative purposes when appropriate to satisfy an economic | 113882 |
| development opportunity or need deemed extraordinary in nature by | 113883 |
| the Director. | 113884 |
| DIRECT COST RECOVERY EXPENDITURES | 113885 |
| The foregoing appropriation item 195636, Direct Cost | 113886 |
| Recovery Expenditures, shall be used for reimbursable costs. | 113887 |
| Revenues to the General Reimbursement Fund (Fund 6850) shall | 113888 |
| consist of moneys charged for administrative costs that are not | 113889 |
| central service costs. | 113890 |
| Section 259.20.50. HEAP WEATHERIZATION | 113891 |
| Up to fifteen per cent of the federal funds deposited to the | 113892 |
| credit of the Home Energy Assistance Block Grant Fund (Fund 3K90) | 113893 |
| may be expended from appropriation item 195614, HEAP | 113894 |
| Weatherization, to provide home weatherization services in the | 113895 |
| state as determined by the Director of Development. Any transfers | 113896 |
| or increases in appropriation for the foregoing appropriation | 113897 |
| items 195614, HEAP Weatherization, or 195611, Home Energy | 113898 |
| Assistance Block Grant, shall be subject to approval by the | 113899 |
| Controlling Board. | 113900 |
| STATE SPECIAL PROJECTS | 113901 |
| The State Special Projects Fund (Fund 4F20), may be used for | 113902 |
| the deposit of private-sector funds from utility companies and | 113903 |
| for the deposit of other miscellaneous state funds. State moneys | 113904 |
| so deposited shall be used to match federal housing grants for the | 113905 |
| homeless and to market economic development opportunities in the | 113906 |
| state. Private-sector moneys shall be deposited for use in | 113907 |
| appropriation item 195699, Utility Provided Funds, and shall be | 113908 |
| used to (1) pay the expenses of verifying the income-eligibility | 113909 |
| of HEAP applicants, (2) leverage additional federal funds, (3) | 113910 |
| fund special projects to assist homeless individuals, (4) fund | 113911 |
| special projects to assist with the energy efficiency of | 113912 |
| households eligible to participate in the Percentage of Income | 113913 |
| Payment Plan, and (5) assist with training programs for agencies | 113914 |
| that administer low-income customer assistance programs. | 113915 |
| Section 259.20.60. TAX INCENTIVE PROGRAMS OPERATING | 113916 |
| The foregoing appropriation item 195630, Tax Incentive | 113917 |
| Programs, shall be used for the operating costs of the Office of | 113918 |
| Grants and Tax Incentives. | 113919 |
| Section 259.20.70. MINORITY BUSINESS ENTERPRISE LOAN | 113920 |
| All repayments from the Minority Development Financing | 113921 |
| Advisory Board Loan Program and the Ohio Mini-Loan Guarantee | 113922 |
| Program shall be deposited in the State Treasury to the credit of | 113923 |
| the Minority Business Enterprise Loan Fund (Fund 4W10). All | 113924 |
| operating costs of administering the Minority Business Enterprise | 113925 |
| Loan Fund shall be paid from the Minority Business Enterprise Loan | 113926 |
| Fund (Fund 4W10). | 113927 |
| MINORITY BUSINESS BONDING FUND | 113928 |
| Notwithstanding Chapters 122., 169., and 175. of the Revised | 113929 |
| Code, the Director of Development may, upon the recommendation of | 113930 |
| the Minority Development Financing Advisory Board, pledge up to | 113931 |
| $10,000,000 in the fiscal year 2010-fiscal year 2011 biennium of | 113932 |
| unclaimed funds administered by the Director of Commerce and | 113933 |
| allocated to the Minority Business Bonding Program under section | 113934 |
| 169.05 of the Revised Code. The transfer of any cash by the | 113935 |
| Director of Budget and Management from the Department of | 113936 |
| Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of | 113937 |
| Development's Minority Business Bonding Fund (Fund 4490) shall | 113938 |
| occur, if requested by the Director of Development, only if such | 113939 |
| funds are needed for payment of losses arising from the Minority | 113940 |
| Business Bonding Program, and only after proceeds of the initial | 113941 |
| transfer of $2,700,000 by the Controlling Board to the Minority | 113942 |
| Business Bonding Program has been used for that purpose. Moneys | 113943 |
| transferred by the Director of Budget and Management from the | 113944 |
| Department of Commerce for this purpose may be moneys in custodial | 113945 |
| funds held by the Treasurer of State. If expenditures are required | 113946 |
| for payment of losses arising from the Minority Business Bonding | 113947 |
| Program, such expenditures shall be made from appropriation item | 113948 |
| 195623, Minority Business Bonding Contingency in the Minority | 113949 |
| Business Bonding Fund, and such amounts are hereby appropriated. | 113950 |
| Section 259.20.80. ALTERNATIVE FUEL TRANSPORTATION | 113951 |
| Of the foregoing appropriation item 195679, Alternative Fuel | 113952 |
| Transportation, not more than ten per cent shall be used by the | 113953 |
| Director of Development for administrative costs associated with | 113954 |
| the program under section 122.075 of the Revised Code. | 113955 |
| ADVANCED ENERGY FUND | 113956 |
| The foregoing appropriation item 195660, Advanced Energy | 113957 |
| Programs, shall be used to provide financial assistance to | 113958 |
| customers for eligible advanced energy projects for residential, | 113959 |
| commercial, and industrial business, local government, educational | 113960 |
| institution, nonprofit, and agriculture customers, and to pay for | 113961 |
| the program's administrative costs as provided in sections 4928.61 | 113962 |
| to 4928.63 of the Revised Code and rules adopted by the Director | 113963 |
| of Development. | 113964 |
| OHIO ENERGY RESOURCE CENTER | 113965 |
| There is hereby created the Ohio Energy Resource Center at | 113966 |
| the Voinovich School of Leadership and Public Affairs at Ohio | 113967 |
| University. | 113968 |
| The center shall do all of the following: | 113969 |
| (A) Act as a knowledge hub for clean energy, advanced energy, | 113970 |
| and energy efficiency projects throughout the state; | 113971 |
| (B) Maintain a database of research and development projects | 113972 |
| in the fields of clean energy, advanced energy, and energy | 113973 |
| efficiency undertaken by public institutions of higher education; | 113974 |
| (C) Act as a clearinghouse for information and promote | 113975 |
| collaboration among public and private entities on federal, state, | 113976 |
| and private sources of financial and technical assistance for | 113977 |
| advanced energy, clean energy, and energy efficiency projects | 113978 |
| including, but not limited to, Edison Technology Centers, Edison | 113979 |
| Incubators, and programs under the Third Frontier Commission; and | 113980 |
| (D) Provide technical assistance to state government and | 113981 |
| local governments, other political subdivisions, mercantile | 113982 |
| customers as defined in section 4928.01 of the Revised Code, and | 113983 |
| businesses located in an Appalachian county as defined in | 113984 |
| section 107.21 of the Revised Code on clean energy, advanced | 113985 |
| energy, and energy efficiency projects. | 113986 |
| Of the foregoing appropriation item 195660, Advanced Energy | 113987 |
| Programs, up to $75,000 in each fiscal year shall be used for the | 113988 |
| activities of the Center. | 113989 |
| GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS | 113990 |
| All payments received by the state pursuant to a series of | 113991 |
| settlements with ten brokerage firms reached with the United | 113992 |
| States Securities and Exchange Commission, the National | 113993 |
| Association of Securities Dealers, the New York Stock Exchange, | 113994 |
| the New York Attorney General, and other state regulators | 113995 |
| (henceforth referred to as the "Global Analysts Settlement | 113996 |
| Agreements"), shall be deposited into the state treasury to the | 113997 |
| credit of the Economic Development Contingency Fund (Fund 5Y60). | 113998 |
| The fund shall be used by the Director of Development to support | 113999 |
| economic development projects. Moneys shall be awarded to either | 114000 |
| (1) business entities considering Ohio for expansion or new site | 114001 |
| location opportunities or (2) political subdivisions to assist | 114002 |
| with necessary costs involved in attracting a business entity. In | 114003 |
| addition, the Director of Development may award funds for | 114004 |
| alternative purposes when appropriate to satisfy an economic | 114005 |
| development opportunity or need deemed extraordinary by the | 114006 |
| Director. Grant funds may be expended only after the submission of | 114007 |
| a request to the Controlling Board by the Department outlining the | 114008 |
| planned use of the funds and the subsequent approval of the | 114009 |
| Controlling Board. | 114010 |
| VOLUME CAP ADMINISTRATION | 114011 |
| The foregoing appropriation item 195654, Volume Cap | 114012 |
| Administration, shall be used for expenses related to the | 114013 |
| administration of the Volume Cap Program. Revenues received by the | 114014 |
| Volume Cap Administration Fund (Fund 6170) shall consist of | 114015 |
| application fees, forfeited deposits, and interest earned from the | 114016 |
| custodial account held by the Treasurer of State. | 114017 |
| OHIO HOUSING TRUST FUND | 114018 |
| Notwithstanding any provision of law to the contrary, of the | 114019 |
| foregoing appropriation item 195638, Low- and Moderate-Income | 114020 |
| Housing Trust Fund, at least $500,000 in each fiscal year shall be | 114021 |
| used for activities that provide outreach, organizational | 114022 |
| assistance, and information to tenants and residents of | 114023 |
| manufactured homes. | 114024 |
| INNOVATION OHIO LOAN FUND | 114025 |
| The foregoing appropriation item 195664, Innovation Ohio, | 114026 |
| shall be used to provide for innovation Ohio purposes, including | 114027 |
| loan guarantees and loans under Chapter 166. and particularly | 114028 |
| sections 166.12 to 166.16 of the Revised Code. | 114029 |
| RESEARCH AND DEVELOPMENT | 114030 |
| The foregoing appropriation item 195665, Research and | 114031 |
| Development, shall be used to provide for research and development | 114032 |
| purposes, including loans, under Chapter 166. and particularly | 114033 |
| sections 166.17 to 166.21 of the Revised Code. | 114034 |
| Section 259.20.90. LOGISTICS AND DISTRIBUTION INFRASTRUCTURE | 114035 |
| The foregoing appropriation item 195698, Logistics and | 114036 |
| Distribution Infrastructure, shall be used for eligible logistics | 114037 |
| and distribution infrastructure projects as defined in section | 114038 |
| 166.01 of the Revised Code. Any unexpended and unencumbered | 114039 |
| portion of the appropriation item at the end of fiscal year 2009 | 114040 |
| is hereby reappropriated for the same purpose in fiscal year 2010, | 114041 |
| and any unexpended and unencumbered portion of the appropriation | 114042 |
| item at the end of fiscal year 2010 is hereby reappropriated for | 114043 |
| the same purpose in fiscal year 2011. | 114044 |
| FACILITIES ESTABLISHMENT FUND | 114045 |
| The foregoing appropriation item 195615, Facilities | 114046 |
| Establishment (Fund 7037), shall be used for the purposes of the | 114047 |
| Facilities Establishment Fund under Chapter 166. of the Revised | 114048 |
| Code. | 114049 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 114050 |
| not to exceed $2,000,000 in cash each fiscal year may be | 114051 |
| transferred from the Facilities Establishment Fund (Fund 7037) to | 114052 |
| the Economic Development Financing Operating Fund (Fund 4510). The | 114053 |
| transfer is subject to Controlling Board approval under division | 114054 |
| (B) of section 166.03 of the Revised Code. | 114055 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 114056 |
| not to exceed $5,000,000 in cash each fiscal year may be | 114057 |
| transferred during the biennium from the Facilities Establishment | 114058 |
| Fund (Fund 7037) to the Urban Redevelopment Loans Fund (Fund 5D20) | 114059 |
| for the purpose of removing barriers to urban core redevelopment. | 114060 |
| The Director of Development shall develop program guidelines for | 114061 |
| the transfer and release of funds, including, but not limited to, | 114062 |
| the completion of all appropriate environmental assessments before | 114063 |
| state assistance is committed to a project. The transfers shall be | 114064 |
| subject to approval by the Controlling Board upon the submission | 114065 |
| of a request by the Department of Development. | 114066 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 114067 |
| not to exceed $3,000,000 in cash each fiscal year may be | 114068 |
| transferred from the Facilities Establishment Fund (Fund 7037) to | 114069 |
| the Rural Industrial Park Loan Fund (Fund 4Z60). The transfer is | 114070 |
| subject to Controlling Board approval under section 166.03 of the | 114071 |
| Revised Code. | 114072 |
| Notwithstanding Chapter 166. of the Revised Code, on the | 114073 |
| first day of July of each year of the biennium, or as soon as | 114074 |
| possible thereafter, the Director of Budget and Management, at | 114075 |
| the request of the Director of Development, shall transfer | 114076 |
| $6,102,500 in cash from the Facilities Establishment Fund (Fund | 114077 |
| 7037) to the General Revenue Fund. The amount transferred is | 114078 |
| hereby appropriated for each fiscal year in appropriation item | 114079 |
| 195412, Rapid Outreach Grants. | 114080 |
| Notwithstanding Chapter 166. of the Revised Code, on the | 114081 |
| first day of July of each year of the biennium, or as soon as | 114082 |
| possible thereafter, the Director of Budget and Management, at the | 114083 |
| request of the Director of Development, shall transfer $4,275,000 | 114084 |
| cash from the Facilities Establishment Fund (Fund 7037) to the Job | 114085 |
| Development Initiatives Fund (Fund 5AD0). The amount transferred | 114086 |
| is hereby appropriated in each fiscal year in appropriation item | 114087 |
| 195677, Economic Development Contingency. | 114088 |
| Notwithstanding Chapter 166. of the Revised Code, of the | 114089 |
| foregoing appropriation item 195615, Facilities Establishment, | 114090 |
| $100,000 in each fiscal year shall be used for the Ohio Means Jobs | 114091 |
| web site. | 114092 |
| Of the foregoing appropriation item 195615, Facilities | 114093 |
| Establishment, $1,000,000 in each fiscal year shall be used to | 114094 |
| provide loans under the Micro-Lending Program established in | 114095 |
| division (C) of section 166.07 of the Revised Code. | 114096 |
| ALTERNATIVE FUEL TRANSPORTATION GRANT FUND | 114097 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 114098 |
| not to exceed $1,000,000 in cash in fiscal year 2010 and $500,000 | 114099 |
| in cash in fiscal year 2011 shall be transferred from moneys in | 114100 |
| the Facilities Establishment Fund (Fund 7037) to the Alternative | 114101 |
| Fuel Transportation Grant Fund (Fund 5CG0) in the Department of | 114102 |
| Development. | 114103 |
| RURAL DEVELOPMENT INITIATIVE FUND | 114104 |
| (A)(1) The Rural Development Initiative Fund (Fund 5S80) is | 114105 |
| entitled to receive moneys from the Facilities Establishment Fund | 114106 |
| (Fund 7037). The Director of Development may make grants from the | 114107 |
| Rural Development Initiative Fund as specified in division (A)(2) | 114108 |
| of this section to eligible applicants in Appalachian counties and | 114109 |
| in rural counties in the state that are designated as distressed | 114110 |
| under section 122.25 of the Revised Code. Preference shall be | 114111 |
| given to eligible applicants located in Appalachian counties | 114112 |
| designated as distressed by the federal Appalachian Regional | 114113 |
| Commission. | 114114 |
| (2) The Director of Development shall make grants from the | 114115 |
| Rural Development Initiative Fund (Fund 5S80) only to eligible | 114116 |
| applicants who also qualify for and receive funding under the | 114117 |
| Rural Industrial Park Loan Program as specified in sections 122.23 | 114118 |
| to 122.27 of the Revised Code. Eligible applicants shall use the | 114119 |
| grants for the purposes specified in section 122.24 of the Revised | 114120 |
| Code. All projects supported by grants from the fund are subject | 114121 |
| to Chapter 4115. of the Revised Code as specified in division (E) | 114122 |
| of section 166.02 of the Revised Code. The Director shall develop | 114123 |
| program guidelines for the transfer and release of funds. The | 114124 |
| release of grant moneys to an eligible applicant is subject to | 114125 |
| Controlling Board approval. | 114126 |
| (B) Notwithstanding Chapter 166. of the Revised Code, the | 114127 |
| Director of Budget and Management may transfer an amount not to | 114128 |
| exceed $3,000,000 in cash each fiscal year on an as-needed basis | 114129 |
| at the request of the Director of Development from the Facilities | 114130 |
| Establishment Fund (Fund 7037) to the Rural Development Initiative | 114131 |
| Fund (Fund 5S80). The transfer is subject to Controlling Board | 114132 |
| approval under section 166.03 of the Revised Code. | 114133 |
| CAPITAL ACCESS LOAN PROGRAM | 114134 |
| The foregoing appropriation item 195628, Capital Access Loan | 114135 |
| Program, shall be used for operating, program, and administrative | 114136 |
| expenses of the program. Funds of the Capital Access Loan Program | 114137 |
| shall be used to assist participating financial institutions in | 114138 |
| making program loans to eligible businesses that face barriers in | 114139 |
| accessing working capital and obtaining fixed-asset financing. | 114140 |
| Notwithstanding Chapter 166. of the Revised Code, the | 114141 |
| Director of Budget and Management may transfer an amount not to | 114142 |
| exceed $3,000,000 in cash each fiscal year on an as-needed basis | 114143 |
| at the request of the Director of Development from the Facilities | 114144 |
| Establishment Fund (Fund 7037) to the Capital Access Loan Program | 114145 |
| Fund (Fund 5S90). The transfer is subject to Controlling Board | 114146 |
| approval under section 166.03 of the Revised Code. | 114147 |
| Section 259.30.10. CLEAN OHIO OPERATING EXPENSES | 114148 |
| The foregoing appropriation item 195663, Clean Ohio | 114149 |
| Operating, shall be used by the Department of Development in | 114150 |
| administering sections 122.65 to 122.658 of the Revised Code. | 114151 |
| Section 259.30.20. THIRD FRONTIER RESEARCH AND DEVELOPMENT | 114152 |
| PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS | 114153 |
| The foregoing appropriation items 195687, Third Frontier | 114154 |
| Research and Development Projects, and 195692, Research and | 114155 |
| Development Taxable Bond Projects, shall be used by the Department | 114156 |
| of Development to fund selected projects. Eligible costs are those | 114157 |
| costs of research and development projects to which the proceeds | 114158 |
| of the Third Frontier Research and Development Fund (Fund 7011) | 114159 |
| and the Research & Development Taxable Bond Project Fund (Fund | 114160 |
| 7014) are to be applied. | 114161 |
| TRANSFERS OF THIRD FRONTIER APPROPRIATIONS | 114162 |
| The Director of Budget and Management may approve written | 114163 |
| requests from the Director of Development for the transfer of | 114164 |
| appropriations between appropriation items 195687, Third Frontier | 114165 |
| Research and Development Projects, and 195692, Research and | 114166 |
| Development Taxable Bond Projects, based upon awards recommended | 114167 |
| by the Third Frontier Commission. The transfers are subject to | 114168 |
| approval by the Controlling Board. | 114169 |
| On or before June 30, 2010, any unexpended and unencumbered | 114170 |
| portions of the foregoing appropriation items 195687, Third | 114171 |
| Frontier Research & Development Projects, and 195692, Research & | 114172 |
| Development Taxable Bond Projects, for fiscal year 2010 are | 114173 |
| hereby reappropriated to the Department of Development for the | 114174 |
| same purposes for fiscal year 2011. | 114175 |
| AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS | 114176 |
| The Ohio Public Facilities Commission, upon request of the | 114177 |
| Department of Development, is hereby authorized to issue and sell, | 114178 |
| in accordance with Section 2p of Article VIII, Ohio Constitution, | 114179 |
| and particularly sections 151.01 and 151.10 of the Revised Code, | 114180 |
| original obligations of the State of Ohio in an aggregate amount | 114181 |
| not to exceed $100,000,000 in addition to the original issuance of | 114182 |
| obligations authorized by prior acts of the General Assembly. The | 114183 |
| authorized obligations shall be issued and sold from time to time | 114184 |
| and in amounts necessary to ensure sufficient moneys to the | 114185 |
| credit of the Third Frontier Research and Development Fund (Fund | 114186 |
| 7011) to pay costs of research and development projects. | 114187 |
| Section 259.30.30. JOB READY SITE OPERATING | 114188 |
| The foregoing appropriation item 195688, Job Ready Site | 114189 |
| Operating, shall be used for operating expenses incurred by the | 114190 |
| Department of Development in administering the Job Ready Sites | 114191 |
| Program authorized under sections 122.085 to 122.0820 of the | 114192 |
| Revised Code. Operating expenses include, but are not limited to, | 114193 |
| certain expenses of the District Public Works Integrating | 114194 |
| Committees, as applicable, engineering review of submitted | 114195 |
| applications by the State Architect or a third party engineering | 114196 |
| firm, audit and accountability activities, and costs associated | 114197 |
| with formal certifications verifying that site infrastructure is | 114198 |
| in place and is functional. | 114199 |
| Section 259.30.40. THIRD FRONTIER BIOMEDICAL RESEARCH AND | 114200 |
| COMMERCIALIZATION PROGRAM | 114201 |
| The General Assembly and the Governor recognize the role that | 114202 |
| the biomedical industry has in job creation, innovation, and | 114203 |
| economic development throughout Ohio. It is the intent of the | 114204 |
| General Assembly, the Governor, the Director of Development, and | 114205 |
| the Director of Budget and Management to work together in | 114206 |
| continuing to provide comprehensive state support for the | 114207 |
| biomedical industry as a whole through the Third Frontier | 114208 |
| Biomedical Research and Commercialization Program. | 114209 |
| Section 259.30.50. JOBS FUND BIOPRODUCTS AND BIOMEDICAL | 114210 |
| The foregoing appropriation item 195694, Jobs Fund | 114211 |
| Bioproducts, shall be used for the Ohio Bioproducts Development | 114212 |
| Program established in section 184.25 of the Revised Code. Of the | 114213 |
| foregoing appropriation item 195694, Jobs Fund Bioproducts, not | 114214 |
| more than five per cent in each fiscal year shall be used for | 114215 |
| operating expenditures in administering the program. | 114216 |
| The foregoing appropriation item 195695, Jobs Fund | 114217 |
| Biomedical, shall be used for the Ohio Biomedical Development | 114218 |
| Program established in section 184.26 of the Revised Code. Of the | 114219 |
| foregoing appropriation item 195695, Jobs Fund Biomedical, not | 114220 |
| more than five per cent in each fiscal year shall be used for | 114221 |
| operating expenditures in administering the program. | 114222 |
| Section 259.30.60. JOBS FUND CASH TRANSFER | 114223 |
| On June 30, 2011, or as soon as possible thereafter, the | 114224 |
| Director of Budget and Management shall transfer the unexpended | 114225 |
| and unencumbered cash balance in the Jobs Fund (Fund 5Z30) to the | 114226 |
| General Revenue Fund. Upon completion of the transfer, the Jobs | 114227 |
| Fund is abolished. | 114228 |
| Section 259.30.70. UNCLAIMED FUNDS TRANSFER | 114229 |
| (A) Notwithstanding division (A) of section 169.05 of the | 114230 |
| Revised Code, upon the request of the Director of Budget and | 114231 |
| Management, the Director of Commerce, before June 30, 2010, shall | 114232 |
| transfer to the Job Development Initiatives Fund (Fund 5AD0) an | 114233 |
| amount not to exceed $4,000,000 in cash of the unclaimed funds | 114234 |
| that have been reported by the holders of unclaimed funds under | 114235 |
| section 169.05 of the Revised Code, regardless of the allocation | 114236 |
| of the unclaimed funds described under that section. | 114237 |
| Notwithstanding division (A) of section 169.05 of the Revised | 114238 |
| Code, upon the request of the Director of Budget and Management, | 114239 |
| the Director of Commerce, before June 30, 2011, shall transfer to | 114240 |
| the Job Development Initiatives Fund (Fund 5AD0) an amount not to | 114241 |
| exceed $4,000,000 in cash of the unclaimed funds that have been | 114242 |
| reported by the holders of unclaimed funds under section 169.05 | 114243 |
| of the Revised Code, regardless of the allocation of the | 114244 |
| unclaimed funds described under that section. | 114245 |
| (B) Notwithstanding division (A) of section 169.05 of the | 114246 |
| Revised Code, upon the request of the Director of Budget and | 114247 |
| Management, the Director of Commerce, before June 30, 2010, shall | 114248 |
| transfer to the State Special Projects Fund (Fund 4F20) an amount | 114249 |
| not to exceed $6,100,000 of the unclaimed funds that have been | 114250 |
| reported by the holders of unclaimed funds under section 169.05 | 114251 |
| of the Revised Code, regardless of the allocation of the | 114252 |
| unclaimed funds described under that section. | 114253 |
| Notwithstanding division (A) of section 169.05 of the Revised | 114254 |
| Code, upon the request of the Director of Budget and Management, | 114255 |
| the Director of Commerce, prior to June 30, 2011, shall transfer | 114256 |
| to the State Special Projects Fund (Fund 4F20) an amount not to | 114257 |
| exceed $6,100,000 in cash of the unclaimed funds that have been | 114258 |
| reported by the holders of unclaimed funds under section 169.05 | 114259 |
| of the Revised Code, regardless of the allocation of the | 114260 |
| unclaimed funds described under that section. | 114261 |
| Section 259.30.80. THIRD FRONTIER NEXTGEN NETWORK | 114262 |
| Any unexpended, unencumbered amounts of the foregoing | 114263 |
| appropriation items 195687, Third Frontier Research & Development | 114264 |
| Projects, and 195692, Research & Development Taxable Bond | 114265 |
| Projects, that were previously allocated for implementation of the | 114266 |
| NextGen Network in fiscal years 2008 and 2009 are hereby | 114267 |
| reappropriated for the same purpose in fiscal years 2010 and 2011. | 114268 |
| Section 259.30.90. WORKFORCE DEVELOPMENT | 114269 |
| The Director of Development and the Director of Job and | 114270 |
| Family Services may enter into one or more interagency agreements | 114271 |
| between the two departments and take other actions the directors | 114272 |
| consider appropriate to further integrate workforce development | 114273 |
| into a larger economic development strategy, to implement the | 114274 |
| recommendations of the Workforce Policy Board, and to complete | 114275 |
| activities related to the transition of the administration of | 114276 |
| employment programs identified by the board. Subject to the | 114277 |
| approval of the Director of Budget and Management, the Department | 114278 |
| of Development and the Department of Job and Family Services may | 114279 |
| expend moneys to support the recommendations of the Workforce | 114280 |
| Policy Board in the area of integration of employment functions as | 114281 |
| described in this paragraph and to complete implementation and | 114282 |
| transition activities from the appropriations to those | 114283 |
| departments. | 114284 |
| Section 261.10. OBD OHIO BOARD OF DIETETICS | 114285 |
| General Services Fund Group | 114286 |
| 4K90 | 860609 | Operating Expenses | $ | 348,964 | $ | 348,964 | 114287 | ||||
| TOTAL GSF General Services Fund | 114288 | ||||||||||
| Group | $ | 348,964 | $ | 348,964 | 114289 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 348,964 | $ | 348,964 | 114290 | ||||||
| Section 263.10. CDR COMMISSION ON DISPUTE RESOLUTION AND | 114292 |
| CONFLICT MANAGEMENT | 114293 |
| General Revenue Fund | 114294 |
| GRF | 145401 | Commission Operations | $ | 349,600 | $ | 349,600 | 114295 | ||||
| TOTAL GRF General Revenue Fund | $ | 349,600 | $ | 349,600 | 114296 | ||||||
| General Services Fund Group | 114297 |
| 4B60 | 145601 | Dispute Resolution Programs | $ | 140,000 | $ | 140,000 | 114298 | ||||
| TOTAL GSF General Services Fund Group | $ | 140,000 | $ | 140,000 | 114299 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 489,600 | $ | 489,600 | 114300 |
| Section 265.10. EDU DEPARTMENT OF EDUCATION | 114302 |
| General Revenue Fund | 114303 |
| GRF | 200100 | Personal Services | $ | 13,103,147 | $ | 13,103,147 | 114304 | ||||
| GRF | 200320 | Maintenance and Equipment | $ | 3,495,350 | $ | 3,495,350 | 114305 | ||||
| GRF | 200408 | Early Childhood Education | $ | 23,268,341 | $ | 23,268,341 | 114306 | ||||
| GRF | 200410 | Educator Training | $ | 7,810,500 | $ | 7,010,500 | 114307 | ||||
| GRF | 200416 | Career-Technical Education Match | $ | 2,233,195 | $ | 2,233,195 | 114308 | ||||
| GRF | 200420 | Computer/Application/ Network Development | $ | 5,394,826 | $ | 5,394,826 | 114309 | ||||
| GRF | 200421 | Alternative Education Programs | $ | 11,015,885 | $ | 11,015,885 | 114310 | ||||
| GRF | 200422 | School Management Assistance | $ | 9,504,572 | $ | 22,490,572 | 114311 | ||||
| GRF | 200424 | Policy Analysis | $ | 1,056,687 | $ | 1,056,687 | 114312 | ||||
| GRF | 200425 | Tech Prep Consortia Support | $ | 1,594,373 | $ | 1,594,373 | 114313 | ||||
| GRF | 200426 | Ohio Educational Computer Network | $ | 27,411,025 | $ | 27,411,025 | 114314 | ||||
| GRF | 200427 | Academic Standards | $ | 5,789,861 | $ | 5,789,861 | 114315 | ||||
| GRF | 200431 | School Improvement Initiatives | $ | 13,359,997 | $ | 15,359,997 | 114316 | ||||
| GRF | 200437 | Student Assessment | $ | 71,909,814 | $ | 71,909,814 | 114317 | ||||
| GRF | 200439 | Accountability/Report Cards | $ | 6,828,650 | $ | 6,828,650 | 114318 | ||||
| GRF | 200442 | Child Care Licensing | $ | 1,302,495 | $ | 1,302,495 | 114319 | ||||
| GRF | 200446 | Education Management Information System | $ | 15,621,135 | $ | 15,621,135 | 114320 | ||||
| GRF | 200447 | GED Testing | $ | 1,250,353 | $ | 1,250,353 | 114321 | ||||
| GRF | 200448 | Educator Preparation | $ | 2,030,000 | $ | 2,030,000 | 114322 | ||||
| GRF | 200455 | Community Schools | $ | 472,404,384 | $ | 512,686,539 | 114323 | ||||
| GRF | 200457 | STEM Initiatives | $ | 2,000,000 | $ | 4,500,000 | 114324 | ||||
| GRF | 200502 | Pupil Transportation | $ | 448,022,619 | $ | 462,822,619 | 114325 | ||||
| GRF | 200503 | Bus Purchase Allowance | $ | 10,850,000 | $ | 10,850,000 | 114326 | ||||
| GRF | 200505 | School Lunch Match | $ | 11,798,025 | $ | 11,798,025 | 114327 | ||||
| GRF | 200511 | Auxiliary Services | $ | 132,740,457 | $ | 132,740,457 | 114328 | ||||
| GRF | 200532 | Nonpublic Administrative Cost Reimbursement | $ | 59,810,517 | $ | 59,810,517 | 114329 | ||||
| GRF | 200540 | Special Education Enhancements | $ | 139,719,648 | $ | 142,292,936 | 114330 | ||||
| GRF | 200545 | Career-Technical Education Enhancements | $ | 7,754,662 | $ | 7,804,699 | 114331 | ||||
| GRF | 200550 | Foundation Funding | $ | 4,896,532,136 | $ | 4,788,953,026 | 114332 | ||||
| GRF | 200551 | Foundation Funding – Federal Stimulus | $ | 387,583,913 | $ | 457,449,362 | 114333 | ||||
| GRF | 200555 | Teach Ohio | $ | 6,100,000 | $ | 6,100,000 | 114334 | ||||
| GRF | 200578 | Violence Prevention and School Safety | $ | 1,384,924 | $ | 1,384,924 | 114335 | ||||
| GRF | 200587 | Community Projects | $ | 7,225,517 | $ | 7,065,517 | 114336 | ||||
| GRF | 200901 | Property Tax Allocation - Education | $ | 1,008,262,363 | $ | 1,020,655,157 | 114337 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,816,169,371 | $ | 7,865,079,984 | 114338 | ||||||
| General Services Fund Group | 114339 |
| 1380 | 200606 | Computer Services-Operational Support | $ | 7,600,091 | $ | 7,600,091 | 114340 | ||||
| 4520 | 200638 | Miscellaneous Educational Services | $ | 275,000 | $ | 275,000 | 114341 | ||||
| 4L20 | 200681 | Teacher Certification and Licensure | $ | 8,013,206 | $ | 8,147,756 | 114342 | ||||
| 5960 | 200656 | Ohio Career Information System | $ | 529,761 | $ | 529,761 | 114343 | ||||
| 5H30 | 200687 | School District Solvency Assistance | $ | 18,000,000 | $ | 18,000,000 | 114344 | ||||
| TOTAL GSF General Services | 114345 | ||||||||||
| Fund Group | $ | 34,418,058 | $ | 34,552,608 | 114346 | ||||||
| Federal Special Revenue Fund Group | 114347 |
| 3090 | 200601 | Educationally Disadvantaged Programs | $ | 8,405,512 | $ | 8,405,512 | 114348 | ||||
| 3670 | 200607 | School Food Services | $ | 6,324,707 | $ | 6,577,695 | 114349 | ||||
| 3680 | 200614 | Veterans' Training | $ | 778,349 | $ | 793,846 | 114350 | ||||
| 3690 | 200616 | Career-Technical Education Federal Enhancement | $ | 5,000,000 | $ | 5,000,000 | 114351 | ||||
| 3700 | 200624 | Education of Exceptional Children | $ | 2,664,000 | $ | 2,755,000 | 114352 | ||||
| 3740 | 200647 | Troops to Teachers | $ | 100,000 | $ | 100,000 | 114353 | ||||
| 3780 | 200660 | Learn and Serve | $ | 619,211 | $ | 619,211 | 114354 | ||||
| 3AF0 | 200603 | Schools Medicaid Administrative Claims | $ | 639,000 | $ | 639,000 | 114355 | ||||
| 3AN0 | 200671 | School Improvement Grants | $ | 17,909,676 | $ | 17,936,675 | 114356 | ||||
| 3AX0 | 200698 | Improving Health and Educational Outcomes of Young People | $ | 630,954 | $ | 630,954 | 114357 | ||||
| 3BK0 | 200628 | Longitudinal Data Systems | $ | 100,000 | $ | 0 | 114358 | ||||
| 3BV0 | 200636 | Character Education | $ | 700,000 | $ | 0 | 114359 | ||||
| 3C50 | 200661 | Early Childhood Education | $ | 14,189,711 | $ | 14,554,749 | 114360 | ||||
| 3CF0 | 200644 | Foreign Language Assistance | $ | 25,000 | $ | 0 | 114361 | ||||
| 3CG0 | 200646 | Teacher Incentive Fund | $ | 3,007,975 | $ | 1,157,834 | 114362 | ||||
| 3D10 | 200664 | Drug Free Schools | $ | 13,347,966 | $ | 13,347,966 | 114363 | ||||
| 3D20 | 200667 | Honors Scholarship Program | $ | 6,990,000 | $ | 6,985,000 | 114364 | ||||
| 3DJ0 | 200699 | IDEA Part B - Federal Stimulus | $ | 218,868,026 | $ | 218,868,026 | 114365 | ||||
| 3DK0 | 200642 | Title 1A - Federal Stimulus | $ | 186,336,737 | $ | 186,336,737 | 114366 | ||||
| 3DL0 | 200650 | IDEA Preschool - Federal Stimulus | $ | 6,679,679 | $ | 6,679,679 | 114367 | ||||
| 3DM0 | 200651 | Title IID Technology - Federal Stimulus | $ | 11,951,000 | $ | 11,951,000 | 114368 | ||||
| 3DP0 | 200652 | Title I School Improvement - Federal Stimulus | $ | 54,221,000 | $ | 54,221,000 | 114369 | ||||
| 3H90 | 200605 | Head Start Collaboration Project | $ | 225,000 | $ | 225,000 | 114370 | ||||
| 3L60 | 200617 | Federal School Lunch | $ | 295,421,000 | $ | 310,150,675 | 114371 | ||||
| 3L70 | 200618 | Federal School Breakfast | $ | 80,850,000 | $ | 84,892,500 | 114372 | ||||
| 3L80 | 200619 | Child/Adult Food Programs | $ | 89,250,000 | $ | 93,712,500 | 114373 | ||||
| 3L90 | 200621 | Career-Technical Education Basic Grant | $ | 48,029,701 | $ | 48,029,701 | 114374 | ||||
| 3M00 | 200623 | ESEA Title 1A | $ | 530,000,000 | $ | 530,010,000 | 114375 | ||||
| 3M10 | 200678 | Innovative Education | $ | 1,000,000 | $ | 0 | 114376 | ||||
| 3M20 | 200680 | Individuals with Disabilities Education Act | $ | 413,391,594 | $ | 421,241,163 | 114377 | ||||
| 3S20 | 200641 | Education Technology | $ | 9,487,397 | $ | 9,487,397 | 114378 | ||||
| 3T40 | 200613 | Public Charter Schools | $ | 14,275,618 | $ | 14,291,353 | 114379 | ||||
| 3Y20 | 200688 | 21st Century Community Learning Centers | $ | 36,000,000 | $ | 36,000,000 | 114380 | ||||
| 3Y40 | 200632 | Reading First | $ | 27,366,373 | $ | 24,455,172 | 114381 | ||||
| 3Y60 | 200635 | Improving Teacher Quality | $ | 101,778,397 | $ | 101,778,400 | 114382 | ||||
| 3Y70 | 200689 | English Language Acquisition | $ | 8,142,299 | $ | 8,142,299 | 114383 | ||||
| 3Y80 | 200639 | Rural and Low Income Technical Assistance | $ | 1,500,000 | $ | 1,500,000 | 114384 | ||||
| 3Z20 | 200690 | State Assessments | $ | 12,923,799 | $ | 12,923,799 | 114385 | ||||
| 3Z30 | 200645 | Consolidated Federal Grant Administration | $ | 8,499,279 | $ | 8,499,280 | 114386 | ||||
| 3Z70 | 200697 | General Supervisory Enhancement Grant | $ | 887,319 | $ | 0 | 114387 | ||||
| TOTAL FED Federal Special | 114388 | ||||||||||
| Revenue Fund Group | $ | 2,238,516,279 | $ | 2,262,899,123 | 114389 | ||||||
| State Special Revenue Fund Group | 114390 |
| 4540 | 200610 | Guidance and Testing | $ | 450,000 | $ | 450,000 | 114391 | ||||
| 4550 | 200608 | Commodity Foods | $ | 24,000,000 | $ | 24,000,000 | 114392 | ||||
| 4R70 | 200695 | Indirect Operational Support | $ | 6,050,000 | $ | 6,250,000 | 114393 | ||||
| 4V70 | 200633 | Interagency Operational Support | $ | 1,111,838 | $ | 1,117,725 | 114394 | ||||
| 5980 | 200659 | Auxiliary Services Reimbursement | $ | 1,328,910 | $ | 1,328,910 | 114395 | ||||
| 5BB0 | 200696 | State Action for Education Leadership | $ | 1,250,000 | $ | 600,000 | 114396 | ||||
| 5BJ0 | 200626 | Half-Mill Maintenance Equalization | $ | 16,100,000 | $ | 16,600,000 | 114397 | ||||
| 5U20 | 200685 | National Education Statistics | $ | 300,000 | $ | 300,000 | 114398 | ||||
| 5W20 | 200663 | Early Learning Initiative | $ | 2,200,000 | $ | 2,200,000 | 114399 | ||||
| 5X90 | 200911 | NGA STEM | $ | 100,000 | $ | 0 | 114400 | ||||
| 6200 | 200615 | Educational Improvement Grants | $ | 3,000,000 | $ | 3,000,000 | 114401 | ||||
| TOTAL SSR State Special Revenue | 114402 | ||||||||||
| Fund Group | $ | 55,890,748 | $ | 55,846,635 | 114403 | ||||||
| Lottery Profits Education Fund Group | 114404 |
| 7017 | 200612 | Foundation Funding | $ | 705,000,000 | $ | 711,000,000 | 114405 | ||||
| TOTAL LPE Lottery Profits | 114406 | ||||||||||
| Education Fund Group | $ | 705,000,000 | $ | 711,000,000 | 114407 | ||||||
| Revenue Distribution Fund Group | 114408 |
| 7047 | 200909 | School District Property Tax Replacement-Business | $ | 1,150,207,366 | $ | 1,150,207,366 | 114409 | ||||
| 7053 | 200900 | School District Property Tax Replacement-Utility | $ | 91,123,523 | $ | 91,123,523 | 114410 | ||||
| TOTAL RDF Revenue Distribution | 114411 | ||||||||||
| Fund Group | $ | 1,241,330,889 | $ | 1,241,330,889 | 114412 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,091,325,345 | $ | 12,170,709,239 | 114413 | ||||||
| Section 265.10.10. PERSONAL SERVICES | 114415 |
| The foregoing appropriation item 200100, Personal Services, | 114416 |
| may be used to pay fees for the Department's membership in the | 114417 |
| Education Commission of the States, an interstate nonprofit, | 114418 |
| nonpartisan organization that supports states with the development | 114419 |
| of education policy. | 114420 |
| Of the foregoing appropriation item 200100 Personal Services, | 114421 |
| up to $25,000 in each fiscal year may be expended to provide for | 114422 |
| travel expenses for the members of the State Board of Education. | 114423 |
| Of the foregoing appropriation item 200100, Personal | 114424 |
| Services, up to $150,000 in each fiscal year shall be used by the | 114425 |
| Department of Education to support Ohio's Partnership for | 114426 |
| Continued Learning at the direction of the Office of the Governor. | 114427 |
| Ohio's Partnership for Continued Learning replaces and broadens | 114428 |
| the former Joint Council of the Department of Education and the | 114429 |
| Board of Regents. The Partnership shall advise and make | 114430 |
| recommendations to promote collaboration among relevant state | 114431 |
| entities in an effort to help local communities develop coherent | 114432 |
| and successful "P-16" learning systems. The Governor, or the | 114433 |
| Governor's designee, shall serve as the chairperson. | 114434 |
| Of the foregoing appropriation item 200100, Personal | 114435 |
| Services, up to $950,000 in each fiscal year shall be used to | 114436 |
| support administration and activities including travel, contract | 114437 |
| services, and other expenses of the Governor's Closing the | 114438 |
| Achievement Gap Initiative in the Department. | 114439 |
| Of the foregoing appropriation item 200100, Personal | 114440 |
| Services, up to $200,000 in each fiscal year shall be used to | 114441 |
| support administration and activities of the Office of Urban and | 114442 |
| Rural Student Success in the Department. | 114443 |
| Of the foregoing appropriation item 200100, Personal | 114444 |
| Services, up to $700,000 in each fiscal year shall be used to | 114445 |
| support administration and activities of the Center for Creativity | 114446 |
| and Innovation in the Department. | 114447 |
| Section 265.10.20. EARLY CHILDHOOD EDUCATION | 114448 |
| The Department of Education shall distribute the foregoing | 114449 |
| appropriation item 200408, Early Childhood Education, to pay the | 114450 |
| costs of early childhood education programs. | 114451 |
| (A) As used in this section: | 114452 |
| (1) "Provider" means a city, local, exempted village, or | 114453 |
| joint vocational school district, or an educational service | 114454 |
| center. | 114455 |
| (2) In the case of a city, local, or exempted village school | 114456 |
| district, "new eligible provider" means a district that did not | 114457 |
| receive state funding for Early Childhood Education in the | 114458 |
| previous fiscal year or demonstrates a need for early childhood | 114459 |
| programs as defined in division (D) of this section. | 114460 |
| (3) "Eligible child" means a child who is at least three | 114461 |
| years of age as of the district entry date for kindergarten, is | 114462 |
| not of the age to be eligible for kindergarten, and whose family | 114463 |
| earns not more than two hundred per cent of the federal poverty | 114464 |
| guidelines as defined in division (A)(3) of section 5101.46 of the | 114465 |
| Revised Code. Children with an Individualized Education Program | 114466 |
| and where the Early Childhood Education program is the least | 114467 |
| restrictive environment may be enrolled on their third birthday. | 114468 |
| (B) In each fiscal year, up to two per cent of the total | 114469 |
| appropriation may be used by the Department for program support | 114470 |
| and technical assistance. The Department shall distribute the | 114471 |
| remainder of the appropriation in each fiscal year to serve | 114472 |
| eligible children. | 114473 |
| (C) The Department shall provide an annual report to the | 114474 |
| Governor, the Speaker of the House of Representatives, and the | 114475 |
| President of the Senate and post the report to the Department's | 114476 |
| web site, regarding early childhood education programs operated | 114477 |
| under this section and the early learning program guidelines. | 114478 |
| (D) After setting aside the amounts to make payments due from | 114479 |
| the previous fiscal year, in fiscal year 2010, the Department | 114480 |
| shall distribute funds first to recipients of funds for early | 114481 |
| childhood education programs under Section 269.10.20 of Am. Sub. | 114482 |
| H.B. 119 of the 127th General Assembly in the previous fiscal year | 114483 |
| and the balance to new eligible providers of early childhood | 114484 |
| education programs under this section or to existing providers to | 114485 |
| serve more eligible children or for purposes of program | 114486 |
| expansion, improvement, or special projects to promote quality | 114487 |
| and innovation. | 114488 |
| After setting aside the amounts to make payments due from the | 114489 |
| previous fiscal year, in fiscal year 2011, the Department shall | 114490 |
| distribute funds first to providers of early childhood education | 114491 |
| programs under this section in the previous fiscal year and the | 114492 |
| balance to new eligible providers or to existing providers to | 114493 |
| serve more eligible children or for purposes of program | 114494 |
| expansion, improvement, or special projects to promote quality | 114495 |
| and innovation. | 114496 |
| Awards under this section shall be distributed on a per-pupil | 114497 |
| basis, and in accordance with division (H) of this section. The | 114498 |
| Department may adjust the per-pupil amount so that the per-pupil | 114499 |
| amount multiplied by the number of eligible children enrolled and | 114500 |
| receiving services, as defined by the Department, reported on the | 114501 |
| first day of December or the first business day following that | 114502 |
| date equals the amount allocated under this section. | 114503 |
| (E) Costs for developing and administering an early childhood | 114504 |
| education program may not exceed fifteen per cent of the total | 114505 |
| approved costs of the program. | 114506 |
| All providers shall maintain such fiscal control and | 114507 |
| accounting procedures as may be necessary to ensure the | 114508 |
| disbursement of, and accounting for, these funds. The control of | 114509 |
| funds provided in this program, and title to property obtained | 114510 |
| therefrom, shall be under the authority of the approved provider | 114511 |
| for purposes provided in the program unless, as described in | 114512 |
| division (J) of this section, the program waives its right for | 114513 |
| funding or a program's funding is eliminated or reduced due to its | 114514 |
| inability to meet financial or early learning program guidelines. | 114515 |
| The approved provider shall administer and use such property and | 114516 |
| funds for the purposes specified. | 114517 |
| (F) The Department may examine a provider's financial and | 114518 |
| program records. If the financial practices of the program are not | 114519 |
| in accordance with standard accounting principles or do not meet | 114520 |
| financial standards outlined under division (E) of this section, | 114521 |
| or if the program fails to substantially meet the early learning | 114522 |
| program guidelines or exhibits below average performance as | 114523 |
| measured against the guidelines, the early childhood education | 114524 |
| program shall propose and implement a corrective action plan that | 114525 |
| has been approved by the Department. The approved corrective | 114526 |
| action plan shall be signed by the chief executive officer and | 114527 |
| the executive of the official governing body of the provider. The | 114528 |
| corrective action plan shall include a schedule for monitoring by | 114529 |
| the Department. Such monitoring may include monthly reports, | 114530 |
| inspections, a timeline for correction of deficiencies, and | 114531 |
| technical assistance to be provided by the Department or obtained | 114532 |
| by the early childhood education program. The Department may | 114533 |
| withhold funding pending corrective action. If an early childhood | 114534 |
| education program fails to satisfactorily complete a corrective | 114535 |
| action plan, the Department may deny expansion funding to the | 114536 |
| program or withdraw all or part of the funding to the program and | 114537 |
| establish a new eligible provider through a selection process | 114538 |
| established by the Department. | 114539 |
| (G) Each early childhood education program shall do all of | 114540 |
| the following: | 114541 |
| (1) Meet teacher qualification requirements prescribed by | 114542 |
| section 3301.311 of the Revised Code; | 114543 |
| (2) Align curriculum to the early learning content standards | 114544 |
| developed by the Department; | 114545 |
| (3) Meet any child or program assessment requirements | 114546 |
| prescribed by the Department; | 114547 |
| (4) Require teachers, except teachers enrolled and working to | 114548 |
| obtain a degree pursuant to section 3301.311 of the Revised Code, | 114549 |
| to attend a minimum of twenty hours every two years of | 114550 |
| professional development as prescribed by the Department; | 114551 |
| (5) Document and report child progress as prescribed by the | 114552 |
| Department; | 114553 |
| (6) Meet and report compliance with the early learning | 114554 |
| program guidelines as prescribed by the Department. | 114555 |
| (H) Per-pupil funding for programs subject to this section | 114556 |
| shall be sufficient to provide eligible children with services | 114557 |
| for a standard early childhood schedule which shall be defined in | 114558 |
| this section as one-half of the statewide average length of the | 114559 |
| school day, as determined by the Department, for the minimum | 114560 |
| school year as defined in sections 3313.48, 3313.481, and 3313.482 | 114561 |
| of the Revised Code. Nothing in this section shall be construed to | 114562 |
| prohibit program providers from utilizing other funds to serve | 114563 |
| eligible children in programs that exceed the statewide average | 114564 |
| length of the school day or that exceed the minimum school year. | 114565 |
| For any provider for which a standard early childhood education | 114566 |
| does not meet the local need or creates a hardship, the provider | 114567 |
| may submit a waiver to the Department requesting an alternate | 114568 |
| schedule. If the Department approves a waiver for an alternate | 114569 |
| schedule that provides services for less time than the standard | 114570 |
| early childhood education schedule, the Department shall reduce | 114571 |
| the provider's annual allocation proportionately. Under no | 114572 |
| circumstances shall an annual allocation be increased because of | 114573 |
| the approval of an alternate schedule. | 114574 |
| (I) Each provider shall develop a sliding fee scale based on | 114575 |
| family incomes and shall charge families who earn more than two | 114576 |
| hundred per cent of the federal poverty guidelines, as defined in | 114577 |
| division (A)(3) of section 5101.46 of the Revised Code, for the | 114578 |
| early childhood education program. | 114579 |
| (J) If an early childhood education program voluntarily | 114580 |
| waives its right for funding, or has its funding eliminated for | 114581 |
| not meeting financial standards or the early learning program | 114582 |
| guidelines, the provider shall transfer control of title to | 114583 |
| property, equipment, and remaining supplies obtained through the | 114584 |
| program to providers designated by the Department and return any | 114585 |
| unexpended funds to the Department along with any reports | 114586 |
| prescribed by the Department. The funding made available from a | 114587 |
| program that waives its right for funding or has its funding | 114588 |
| eliminated or reduced may be used by the Department for new grant | 114589 |
| awards or expansion grants. The Department may award new grants | 114590 |
| or expansion grants to eligible providers who apply. The eligible | 114591 |
| providers who apply must do so in accordance with the selection | 114592 |
| process established by the Department. | 114593 |
| (K) As used in this section, "early learning program | 114594 |
| guidelines" means the guidelines established by the Department | 114595 |
| pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B. | 114596 |
| 66 of the 126th General Assembly. | 114597 |
| Section 265.10.23. EARLY CHILDHOOD CABINET | 114598 |
| The Governor shall appoint to the entity in the Office of the | 114599 |
| Governor known as the Early Childhood Cabinet a representative of | 114600 |
| a board of health of a city or general health district or an | 114601 |
| authority having the duties of a board of health under section | 114602 |
| 3709.05 of the Revised Code. The Governor shall make the | 114603 |
| appointment not later than six months after the effective date of | 114604 |
| this section. | 114605 |
| Section 265.10.25. EDUCATOR TRAINING | 114606 |
| The foregoing appropriation item 200410, Educator Training, | 114607 |
| shall be used by the Department of Education to provide grants to | 114608 |
| pay $2,225 of the application fee in order to assist teachers | 114609 |
| from public and chartered nonpublic schools applying for the | 114610 |
| first time to the National Board for Professional Teaching | 114611 |
| Standards for professional teaching certificates or licenses that | 114612 |
| the board offers. These moneys shall be used to pay up to the | 114613 |
| first 400 applications in each fiscal year received by the | 114614 |
| Department. This set aside shall also be used to recognize and | 114615 |
| reward teachers who become certified by the National Board for | 114616 |
| Professional Teaching Standards under section 3319.55 of the | 114617 |
| Revised Code. Up to $300,000 in each fiscal year may be used by | 114618 |
| the Department to pay for costs associated with activities to | 114619 |
| support candidates through the application and certification | 114620 |
| process. | 114621 |
| Section 265.10.30. CAREER-TECHNICAL EDUCATION MATCH | 114622 |
| The foregoing appropriation item 200416, Career-Technical | 114623 |
| Education Match, shall be used by the Department of Education to | 114624 |
| provide vocational administration matching funds under 20 U.S.C. | 114625 |
| 2311. | 114626 |
| COMPUTER/APPLICATION/NETWORK DEVELOPMENT | 114627 |
| The foregoing appropriation item 200420, | 114628 |
| Computer/Application/Network Development, shall be used to support | 114629 |
| the development and implementation of information technology | 114630 |
| solutions designed to improve the performance and services of the | 114631 |
| Department of Education. Funds may be used for personnel, | 114632 |
| maintenance, and equipment costs related to the development and | 114633 |
| implementation of these technical system projects. Implementation | 114634 |
| of these systems shall allow the Department to provide greater | 114635 |
| levels of assistance to school districts and to provide more | 114636 |
| timely information to the public, including school districts, | 114637 |
| administrators, and legislators. Funds may also be used to support | 114638 |
| data-driven decision-making and differentiated instruction, as | 114639 |
| well as to communicate academic content standards and curriculum | 114640 |
| models to schools through web-based applications. | 114641 |
| Section 265.10.40. ALTERNATIVE EDUCATION PROGRAMS | 114642 |
| Of the foregoing appropriation item 200421, Alternative | 114643 |
| Education Programs, $1,000,000 in each fiscal year shall be | 114644 |
| provided to Big Brothers Big Sisters of Central Ohio. | 114645 |
| The foregoing appropriation item 200421, Alternative | 114646 |
| Education Programs, shall be used for the renewal of successful | 114647 |
| implementation grants and for competitive matching grants to the | 114648 |
| 21 urban school districts as defined in division (O) of section | 114649 |
| 3317.02 of the Revised Code as it existed prior to July 1, 1998, | 114650 |
| and for the renewal of successful implementation grants and for | 114651 |
| competitive matching grants to rural and suburban school | 114652 |
| districts for alternative educational programs for existing and | 114653 |
| new at-risk and delinquent youth. Programs shall be focused on | 114654 |
| youth in one or more of the following categories: those who have | 114655 |
| been expelled or suspended, those who have dropped out of school | 114656 |
| or who are at risk of dropping out of school, those who are | 114657 |
| habitually truant or disruptive, or those on probation or on | 114658 |
| parole from a Department of Youth Services facility. Grants shall | 114659 |
| be awarded according to the criteria established by the | 114660 |
| Alternative Education Advisory Council in 1999. Grants shall be | 114661 |
| awarded only to programs in which the grant will not serve as the | 114662 |
| program's primary source of funding. These grants shall be | 114663 |
| administered by the Department of Education. | 114664 |
| The Department of Education may waive compliance with any | 114665 |
| minimum education standard established under section 3301.07 of | 114666 |
| the Revised Code for any alternative school that receives a grant | 114667 |
| under this section on the grounds that the waiver will enable the | 114668 |
| program to more effectively educate students enrolled in the | 114669 |
| alternative school. | 114670 |
| Of the foregoing appropriation item 200421, Alternative | 114671 |
| Education Programs, a portion may be used for program | 114672 |
| administration, monitoring, technical assistance, support, | 114673 |
| research, and evaluation. | 114674 |
| Section 265.10.50. SCHOOL MANAGEMENT ASSISTANCE | 114675 |
| Of the foregoing appropriation item 200422, School Management | 114676 |
| Assistance, up to $1,000,000 in each fiscal year shall be used by | 114677 |
| the Auditor of State in consultation with the Department of | 114678 |
| Education for expenses incurred in the Auditor of State's role | 114679 |
| relating to fiscal caution, fiscal watch, and fiscal emergency | 114680 |
| activities as defined in Chapter 3316. of the Revised Code and | 114681 |
| may also be used to conduct performance audits with priority | 114682 |
| given to districts in fiscal distress. Expenses include duties | 114683 |
| related to the completion of performance audits for school | 114684 |
| districts that the Superintendent of Public Instruction determines | 114685 |
| are employing fiscal practices or experiencing budgetary | 114686 |
| conditions that could produce a state of fiscal watch or fiscal | 114687 |
| emergency. | 114688 |
| Of the foregoing appropriation item 200422, School | 114689 |
| Management Assistance, up to $350,000 in each fiscal year shall be | 114690 |
| used by the Department of Education to work with school districts | 114691 |
| and entities that serve school districts to develop and deploy | 114692 |
| analytical tools that allow districts and other stakeholders to | 114693 |
| analyze more thoroughly district spending patterns in order to | 114694 |
| promote more effective and efficient use of resources. | 114695 |
| Of the foregoing appropriation item 200422, School Management | 114696 |
| Assistance, up to $4,994,000 in fiscal year 2010 and up to | 114697 |
| $17,980,000 in fiscal year 2011 shall be used by the Department of | 114698 |
| Education to contract with the Auditor of State or another | 114699 |
| identified vendor as determined by the Department and approved by | 114700 |
| the Controlling Board to conduct performance reviews of school | 114701 |
| districts, STEM schools, and community schools on a five year | 114702 |
| cycle. Unless conducted as part of the support provided to a | 114703 |
| school district subject to Chapter 3316. of the Revised Code, | 114704 |
| performance reviews for school districts, STEM schools, and | 114705 |
| community schools shall not begin until fiscal year 2011. The | 114706 |
| Office of School Resource Management in the Department shall | 114707 |
| determine the scope of reviews, not limited to operations, in | 114708 |
| consultation with the Auditor of State and the Office of Budget | 114709 |
| and Management. Priority may be given to districts in fiscal | 114710 |
| distress as determined by the Auditor of State and the | 114711 |
| Superintendent of Public Instruction. A portion of this amount in | 114712 |
| each fiscal year shall be used by the Department to contract with | 114713 |
| the Auditor of State or another identified vendor as determined | 114714 |
| by the Department and approved by the Controlling Board to | 114715 |
| conduct performance reviews of educational service centers (ESCs) | 114716 |
| and joint vocational school districts (JVSDs). The purpose of | 114717 |
| such reviews shall be to assist ESCs and JVSDs in identifying and | 114718 |
| implementing operational efficiencies, setting statewide | 114719 |
| benchmarks in certain operations, evaluating quality of services | 114720 |
| provided to school districts, and using findings to inform and | 114721 |
| develop recommendations for a new ESC and JVSD funding model to be | 114722 |
| implemented in the fiscal year 2012-2013 biennium. | 114723 |
| The remainder of foregoing appropriation item 200422, School | 114724 |
| Management Assistance, shall be used by the Department of | 114725 |
| Education to provide fiscal technical assistance and inservice | 114726 |
| education for school district management personnel and to | 114727 |
| administer, monitor, and implement the fiscal caution, fiscal | 114728 |
| watch, and fiscal emergency provisions under Chapter 3316. of the | 114729 |
| Revised Code. | 114730 |
| Section 265.10.60. POLICY ANALYSIS | 114731 |
| The foregoing appropriation item 200424, Policy Analysis, | 114732 |
| shall be used by the Department of Education to support a system | 114733 |
| of administrative, statistical, and legislative education | 114734 |
| information to be used for policy analysis. Staff supported by | 114735 |
| this appropriation shall administer the development of reports, | 114736 |
| analyses, and briefings to inform education policymakers of | 114737 |
| current trends in education practice, efficient and effective use | 114738 |
| of resources, and evaluation of programs to improve education | 114739 |
| results. The database shall be kept current at all times. These | 114740 |
| research efforts shall be used to supply information and analysis | 114741 |
| of data to the General Assembly and other state policymakers, | 114742 |
| including the Office of Budget and Management and the Legislative | 114743 |
| Service Commission. | 114744 |
| Of the foregoing appropriation item 200424, Policy Analysis, | 114745 |
| up to $600,000 in each fiscal year shall be used to support the | 114746 |
| Office of School Resource Management in the Department of | 114747 |
| Education. A portion of this amount shall be used in conjunction | 114748 |
| with appropriation item 200439, Accountability/Report Cards, to | 114749 |
| develop a fiscal reporting dimension, which shall contain fiscal | 114750 |
| data reported for the prior fiscal year, to the school report card | 114751 |
| for publication beginning in fiscal year 2011. The fiscal | 114752 |
| information contained therein shall be updated and reported | 114753 |
| annually in a form and in a manner as determined by the | 114754 |
| Department. | 114755 |
| The Department of Education may use funding from this | 114756 |
| appropriation item to purchase or contract for the development of | 114757 |
| software systems or contract for policy studies that will assist | 114758 |
| in the provision and analysis of policy-related information. | 114759 |
| Funding from this appropriation item also may be used to monitor | 114760 |
| and enhance quality assurance for research-based policy analysis | 114761 |
| and program evaluation to enhance the effective use of education | 114762 |
| information to inform education policymakers. | 114763 |
| TECH PREP CONSORTIA SUPPORT | 114764 |
| The foregoing appropriation item 200425, Tech Prep Consortia | 114765 |
| Support, shall be used by the Department of Education to support | 114766 |
| state-level activities designed to support, promote, and expand | 114767 |
| tech prep programs. Use of these funds shall include, but not be | 114768 |
| limited to, administration of grants, program evaluation, | 114769 |
| professional development, curriculum development, assessment | 114770 |
| development, program promotion, communications, and statewide | 114771 |
| coordination of tech prep consortia. | 114772 |
| Section 265.10.70. OHIO EDUCATIONAL COMPUTER NETWORK | 114773 |
| The foregoing appropriation item 200426, Ohio Educational | 114774 |
| Computer Network, shall be used by the Department of Education to | 114775 |
| maintain a system of information technology throughout Ohio and to | 114776 |
| provide technical assistance for such a system in support of the | 114777 |
| P-16 State Education Technology Plan developed under section | 114778 |
| 3353.09 of the Revised Code. | 114779 |
| Of the foregoing appropriation item 200426, Ohio Educational | 114780 |
| Computer Network, up to $15,874,498 in each fiscal year shall be | 114781 |
| used by the Department of Education to support connection of all | 114782 |
| public school buildings and participating chartered nonpublic | 114783 |
| schools to the state's education network, to each other, and to | 114784 |
| the Internet. In each fiscal year the Department of Education | 114785 |
| shall use these funds to assist information technology centers or | 114786 |
| school districts with the operational costs associated with this | 114787 |
| connectivity. The Department of Education shall develop a formula | 114788 |
| and guidelines for the distribution of these funds to information | 114789 |
| technology centers or individual school districts. As used in this | 114790 |
| section, "public school building" means a school building of any | 114791 |
| city, local, exempted village, or joint vocational school | 114792 |
| district, any community school established under Chapter 3314. of | 114793 |
| the Revised Code, any educational service center building used for | 114794 |
| instructional purposes, the Ohio School for the Deaf and the Ohio | 114795 |
| School for the Blind, or high schools chartered by the Ohio | 114796 |
| Department of Youth Services and high schools operated by Ohio | 114797 |
| Department of Rehabilitation and Corrections' Ohio Central School | 114798 |
| System. | 114799 |
| Of the foregoing appropriation item 200426, Ohio Educational | 114800 |
| Computer Network, up to $2,163,657 in each fiscal year shall be | 114801 |
| used for the Union Catalog and InfOhio Network and to support the | 114802 |
| provision of electronic resources with priority given to resources | 114803 |
| that support the teaching of state academic content standards in | 114804 |
| all public schools. Consideration shall be given by the Department | 114805 |
| of Education to coordinating the allocation of these moneys with | 114806 |
| the efforts of Libraries Connect Ohio, whose members include | 114807 |
| OhioLINK, the Ohio Public Information Network, and the State | 114808 |
| Library of Ohio. | 114809 |
| Of the foregoing appropriation item 200426, Ohio Educational | 114810 |
| Computer Network, up to $7,942,391 in each fiscal year shall be | 114811 |
| used, through a formula and guidelines devised by the Department, | 114812 |
| to subsidize the activities of designated information technology | 114813 |
| centers, as defined by State Board of Education rules, to provide | 114814 |
| school districts and chartered nonpublic schools with | 114815 |
| computer-based student and teacher instructional and | 114816 |
| administrative information services, including approved | 114817 |
| computerized financial accounting, and to ensure the effective | 114818 |
| operation of local automated administrative and instructional | 114819 |
| systems. | 114820 |
| The remainder of appropriation item 200426, Ohio Educational | 114821 |
| Computer Network, shall be used to support development, | 114822 |
| maintenance, and operation of a network of uniform and compatible | 114823 |
| computer-based information and instructional systems. This | 114824 |
| technical assistance shall include, but not be restricted to, | 114825 |
| development and maintenance of adequate computer software systems | 114826 |
| to support network activities. In order to improve the efficiency | 114827 |
| of network activities, the Department and information technology | 114828 |
| centers may jointly purchase equipment, materials, and services | 114829 |
| from funds provided under this appropriation for use by the | 114830 |
| network and, when considered practical by the Department, may | 114831 |
| utilize the services of appropriate state purchasing agencies. | 114832 |
| Section 265.10.80. ACADEMIC STANDARDS | 114833 |
| The foregoing appropriation item 200427, Academic Standards, | 114834 |
| shall be used by the Department of Education to develop, revise, | 114835 |
| and communicate to school districts academic content standards | 114836 |
| and curriculum models. | 114837 |
| Section 265.10.90. SCHOOL IMPROVEMENT INITIATIVES | 114838 |
| Of the foregoing appropriation item 200431, School | 114839 |
| Improvement Initiatives, up to $510,990 in each fiscal year shall | 114840 |
| be used by the Department of Education to support educational | 114841 |
| media centers to provide Ohio public schools with instructional | 114842 |
| resources and services, with priority given to resources and | 114843 |
| services aligned with state academic content standards. | 114844 |
| Of the foregoing appropriation item 200431, School | 114845 |
| Improvement Initiatives, up to $9,349,007 in each fiscal year | 114846 |
| shall be used to support districts in the development and | 114847 |
| implementation of their continuous improvement plans as required | 114848 |
| in section 3302.04 of the Revised Code and to provide technical | 114849 |
| assistance and support in accordance with Title I of the "No Child | 114850 |
| Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. | 114851 |
| Of the foregoing appropriation item 200431, School | 114852 |
| Improvement Initiatives, up to $2,000,000 in fiscal year 2011 | 114853 |
| shall be used by the Department of Education to fund grants to | 114854 |
| eligible school districts and community schools for the pilot | 114855 |
| subsidy program for creative and innovative classrooms. The pilot | 114856 |
| subsidy program shall be administered by the Center for | 114857 |
| Creativity and Innovation within the Department of Education | 114858 |
| following guidelines established by the Center in accordance | 114859 |
| with section 3306.57 of the Revised Code. | 114860 |
| Of the foregoing appropriation item 200431, School | 114861 |
| Improvement Initiatives, up to $3,500,000 in each fiscal year | 114862 |
| shall be used to create early college high schools, which are | 114863 |
| small, autonomous schools that blend high school and college into | 114864 |
| a coherent educational program. The funds for early college high | 114865 |
| schools shall be distributed according to guidelines established | 114866 |
| by the Department of Education and the Board of Regents. | 114867 |
| Section 265.20.10. STUDENT ASSESSMENT | 114868 |
| Of the foregoing appropriation item 200437, Student | 114869 |
| Assessment, up to $212,486 in each fiscal year may be used to | 114870 |
| support the assessments required under section 3301.0715 of the | 114871 |
| Revised Code. | 114872 |
| The Superintendent of Public Instruction and the Chancellor | 114873 |
| of the Ohio Board of Regents shall determine a percentage of the | 114874 |
| foregoing appropriation item 200437, Student Assessment, that | 114875 |
| shall be used in each fiscal year to pay for all or a portion of | 114876 |
| the following: (1) a college readiness exam for high school | 114877 |
| juniors enrolled in Ohio secondary schools and (2) preparation, | 114878 |
| practice examinations, and diagnostics related to a college | 114879 |
| readiness exam, including, but not limited to, the PSAT, PLAN, and | 114880 |
| EXPLORE. The Superintendent shall develop a plan, to be approved | 114881 |
| by the Chancellor of the Board of Regents, to determine how to | 114882 |
| allocate these funds in a manner which maximizes the number of | 114883 |
| students who will be fully assessed for college readiness and in a | 114884 |
| manner which allows for pre-college level remediation at the | 114885 |
| earliest level possible. For examinations paid in whole or in part | 114886 |
| by these funds and where scores may be submitted to institutions | 114887 |
| of higher education, all students must submit their scores to the | 114888 |
| University System of Ohio. Upon approval by the Chancellor, the | 114889 |
| Superintendent shall submit the plan to the Controlling Board for | 114890 |
| approval. | 114891 |
| The Superintendent and the Chancellor jointly may negotiate | 114892 |
| terms to enter into contracts with providers of preparatory | 114893 |
| courses for the purpose of assisting students enrolled in Ohio | 114894 |
| secondary schools prepare for student assessments. | 114895 |
| Of the foregoing appropriation item 200437, Student | 114896 |
| Assessments, a portion may be used by the Superintendent of Public | 114897 |
| Instruction to reimburse public school districts for (1) a portion | 114898 |
| of costs associated with Advanced Placement testing and Advanced | 114899 |
| Placement programming, including teacher training, teaching | 114900 |
| materials, and student supplies and equipment and (2) a portion of | 114901 |
| costs associated with taking the International Baccalaureate | 114902 |
| Examination. The Superintendent shall develop a plan, to be | 114903 |
| approved by the Chancellor of the Board of Regents, to determine | 114904 |
| how to allocate these funds in a manner which maximizes the number | 114905 |
| of students who receive college credit through the Advanced | 114906 |
| Placement testing process. Upon approval by the Chancellor, the | 114907 |
| Superintendent shall submit the plan to the Controlling Board for | 114908 |
| approval. | 114909 |
| The remainder of appropriation item 200437, Student | 114910 |
| Assessment, shall be used to develop, field test, print, | 114911 |
| distribute, score, report results, and support other associated | 114912 |
| costs for the tests required under sections 3301.0710, 3301.0711, | 114913 |
| and 3301.0712 of the Revised Code and for similar purposes as | 114914 |
| required by section 3301.27 of the Revised Code. If funds remain | 114915 |
| in this appropriation after these purposes have been fulfilled, | 114916 |
| the Department may use the remainder of the appropriation to | 114917 |
| develop end-of-course exams. | 114918 |
| Section 265.20.20. ACCOUNTABILITY/REPORT CARDS | 114919 |
| Of the foregoing appropriation item 200439, | 114920 |
| Accountability/Report Cards, up to $2,378,976 in each fiscal year | 114921 |
| shall be used to train district and regional specialists and | 114922 |
| district educators in the use of the value-added progress | 114923 |
| dimension and in the use of data as it relates to improving | 114924 |
| student achievement. This funding shall be used in consultation | 114925 |
| with a credible nonprofit organization with expertise in | 114926 |
| value-added progress dimensions. | 114927 |
| The remainder of appropriation item 200439, | 114928 |
| Accountability/Report Cards, shall be used by the Department to | 114929 |
| incorporate a statewide pilot value-added progress dimension into | 114930 |
| performance ratings for school districts and for the development | 114931 |
| of an accountability system that includes the preparation and | 114932 |
| distribution of school report cards and funding and expenditure | 114933 |
| accountability reports under sections 3302.03 and 3302.031 of the | 114934 |
| Revised Code. | 114935 |
| CHILD CARE LICENSING | 114936 |
| The foregoing appropriation item 200442, Child Care | 114937 |
| Licensing, shall be used by the Department of Education to license | 114938 |
| and to inspect preschool and school-age child care programs under | 114939 |
| sections 3301.52 to 3301.59 of the Revised Code. | 114940 |
| Section 265.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM | 114941 |
| The foregoing appropriation item 200446, Education Management | 114942 |
| Information System, shall be used by the Department of Education | 114943 |
| to improve the Education Management Information System (EMIS). | 114944 |
| Of the foregoing appropriation item 200446, Education | 114945 |
| Management Information System, up to $1,276,761 in each fiscal | 114946 |
| year shall be distributed to designated information technology | 114947 |
| centers for costs relating to processing, storing, and | 114948 |
| transferring data for the effective operation of the EMIS. These | 114949 |
| costs may include, but are not limited to, personnel, hardware, | 114950 |
| software development, communications connectivity, professional | 114951 |
| development, and support services, and to provide services to | 114952 |
| participate in the State Education Technology Plan developed under | 114953 |
| section 3353.09 of the Revised Code. | 114954 |
| Of the foregoing appropriation item 200446, Education | 114955 |
| Management Information System, up to $7,874,541 in each fiscal | 114956 |
| year shall be distributed on a per-pupil basis to school | 114957 |
| districts, community schools established under Chapter 3314. of | 114958 |
| the Revised Code, educational service centers, joint vocational | 114959 |
| school districts, and any other education entity that reports | 114960 |
| data through EMIS. From this funding, each school district or | 114961 |
| community school established under Chapter 3314. of the Revised | 114962 |
| Code with enrollment greater than 100 students and each vocational | 114963 |
| school district shall receive a minimum of $5,000 in each fiscal | 114964 |
| year. Each school district or community school established under | 114965 |
| Chapter 3314. of the Revised Code with enrollment between one and | 114966 |
| one hundred and each educational service center and each county | 114967 |
| board of MR/DD that submits data through EMIS shall receive | 114968 |
| $3,000 in each fiscal year. This subsidy shall be used for costs | 114969 |
| relating to reporting, processing, storing, transferring, and | 114970 |
| exchanging data necessary to meet requirements of the Department | 114971 |
| of Education's data system. | 114972 |
| The remainder of appropriation item 200446, Education | 114973 |
| Management Information System, shall be used to develop and | 114974 |
| support a common core of data definitions and standards as adopted | 114975 |
| by the Education Management Information System Advisory Board, | 114976 |
| including the ongoing development and maintenance of the data | 114977 |
| dictionary and data warehouse. In addition, such funds shall be | 114978 |
| used to support the development and implementation of data | 114979 |
| standards and the design, development, and implementation of a new | 114980 |
| data exchange system. | 114981 |
| Any provider of software meeting the standards approved by | 114982 |
| the Education Management Information System Advisory Board shall | 114983 |
| be designated as an approved vendor and may enter into contracts | 114984 |
| with local school districts, community schools, information | 114985 |
| technology centers, or other educational entities for the purpose | 114986 |
| of collecting and managing data required under Ohio's education | 114987 |
| management information system (EMIS) laws. On an annual basis, the | 114988 |
| Department of Education shall convene an advisory group of school | 114989 |
| districts, community schools, and other education-related entities | 114990 |
| to review the Education Management Information System data | 114991 |
| definitions and data format standards. The advisory group shall | 114992 |
| recommend changes and enhancements based upon surveys of its | 114993 |
| members, education agencies in other states, and current industry | 114994 |
| practices, to reflect best practices, align with federal | 114995 |
| initiatives, and meet the needs of school districts. | 114996 |
| School districts and community schools not implementing a | 114997 |
| common and uniform set of data definitions and data format | 114998 |
| standards for Education Management Information System purposes | 114999 |
| shall have all EMIS funding withheld until they are in compliance. | 115000 |
| Section 265.20.40. GED TESTING | 115001 |
| The foregoing appropriation item 200447, GED Testing, shall | 115002 |
| be used to provide General Educational Development (GED) testing | 115003 |
| at no cost to applicants, under rules adopted by the State Board | 115004 |
| of Education. The Department of Education may reimburse in fiscal | 115005 |
| year 2010 school districts and community schools, created under | 115006 |
| Chapter 3314. of the Revised Code, for a portion of the costs | 115007 |
| incurred in providing summer instructional or intervention | 115008 |
| services to students who have not graduated because of their | 115009 |
| inability to pass one or more parts of the state's Ohio | 115010 |
| Graduation Test. School districts shall also provide such services | 115011 |
| to students who are residents of the district under section | 115012 |
| 3313.64 of the Revised Code, but who are enrolled in chartered, | 115013 |
| nonpublic schools. The services shall be provided in the public | 115014 |
| school, in nonpublic schools, in public centers, or in mobile | 115015 |
| units located on or off the nonpublic school premises. No school | 115016 |
| district shall provide summer instructional or intervention | 115017 |
| services to nonpublic school students as authorized by this | 115018 |
| section unless such services are available to students attending | 115019 |
| the public schools within the district. No school district shall | 115020 |
| provide services for use in religious courses, devotional | 115021 |
| exercises, religious training, or any other religious activity. | 115022 |
| Chartered, nonpublic schools shall pay for any unreimbursed costs | 115023 |
| incurred by school districts for providing summer instruction or | 115024 |
| intervention services to students enrolled in chartered, | 115025 |
| nonpublic schools. School districts may provide these services to | 115026 |
| students directly or contract with postsecondary or nonprofit | 115027 |
| community-based institutions in providing instruction. | 115028 |
| Section 265.20.50. EDUCATOR PREPARATION | 115029 |
| Of the foregoing appropriation item 200448, Educator | 115030 |
| Preparation, up to $350,000 in each fiscal year shall be used for | 115031 |
| training and professional development of school administrators, | 115032 |
| school treasurers, and school business officials. | 115033 |
| The remainder of appropriation item 200448, Educator | 115034 |
| Preparation, may be used by the Department to support the Educator | 115035 |
| Standards Board under section 3319.61 of the Revised Code as it | 115036 |
| develops and recommends to the State Board of Education standards | 115037 |
| for educator training and standards for teacher and other school | 115038 |
| leadership positions. Also, any remaining funds may be used by the | 115039 |
| Department to develop alternative preparation programs for school | 115040 |
| leaders and coordination of a career ladder for teachers. | 115041 |
| Section 265.20.60. COMMUNITY SCHOOLS | 115042 |
| Of the foregoing appropriation item 200455, Community | 115043 |
| Schools, up to $1,308,661 in each fiscal year may be used by the | 115044 |
| Department of Education for additional services and | 115045 |
| responsibilities under section 3314.11 of the Revised Code. | 115046 |
| Of the foregoing appropriation item 200455, Community | 115047 |
| Schools, up to $225,000 in each fiscal year may be used by the | 115048 |
| Department of Education for developing and conducting training | 115049 |
| sessions for community schools and sponsors and prospective | 115050 |
| sponsors of community schools as prescribed in division (A)(1) of | 115051 |
| section 3314.015 of the Revised Code. In developing the training | 115052 |
| sessions, the Department shall collect and disseminate examples | 115053 |
| of best practices used by sponsors of independent charter schools | 115054 |
| in Ohio and other states. | 115055 |
| STEM INITIATIVES | 115056 |
| The foregoing appropriation item 200457, STEM Initiatives, | 115057 |
| shall be used for initiatives that support innovative mathematics | 115058 |
| and science education and mathematics and science professional | 115059 |
| development for teachers. Such initiatives shall be connected to | 115060 |
| and leveraged against Ohio's portfolio of STEM education | 115061 |
| initiatives including STEM schools, STEM Programs of Excellence, | 115062 |
| and STEM Centers that are positioned to enhance teacher | 115063 |
| preparation and professional development through the use of | 115064 |
| professional practice on-site laboratories, teacher-in-residence | 115065 |
| programs, master teacher and apprentice models, and STEM teaching | 115066 |
| fellowships. | 115067 |
| Section 265.20.70. PUPIL TRANSPORTATION | 115068 |
| Of the foregoing appropriation item 200502, Pupil | 115069 |
| Transportation, up to $838,930 in each fiscal year may be used by | 115070 |
| the Department of Education for training prospective and | 115071 |
| experienced school bus drivers in accordance with training | 115072 |
| programs prescribed by the Department. Up to $60,469,220 in each | 115073 |
| fiscal year may be used by the Department of Education for | 115074 |
| special education transportation reimbursements to school | 115075 |
| districts and county MR/DD boards for transportation operating | 115076 |
| costs as provided in division (J) of section 3317.024 of the | 115077 |
| Revised Code. The remainder of appropriation item 200502, Pupil | 115078 |
| Transportation, shall be used for the state reimbursement of | 115079 |
| public school districts' costs in transporting pupils to and from | 115080 |
| the school they attend in accordance with the district's policy, | 115081 |
| State Board of Education standards, and division (J) of section | 115082 |
| 3306.12 of the Revised Code. | 115083 |
| Of the foregoing appropriation item 200502, Pupil | 115084 |
| Transportation, $376,914,469 in each fiscal year shall be used to | 115085 |
| calculate the prorated portion of transportation aid to school | 115086 |
| districts and shall be distributed as provided by division (L)(1) | 115087 |
| of section 3306.12 of the Revised Code. The remainder shall be | 115088 |
| used for additional transportation aid for school districts as | 115089 |
| provided by division (L)(2) of section 3306.12 of the Revised | 115090 |
| Code. | 115091 |
| Section 265.20.80. BUS PURCHASE ALLOWANCE | 115092 |
| The foregoing appropriation item 200503, Bus Purchase | 115093 |
| Allowance, shall be distributed to school districts, educational | 115094 |
| service centers, and county MR/DD boards pursuant to rules adopted | 115095 |
| under section 3317.07 of the Revised Code. Up to 28 per cent of | 115096 |
| the amount appropriated may be used to reimburse school districts | 115097 |
| and educational service centers for the purchase of buses to | 115098 |
| transport students with disabilities and nonpublic school students | 115099 |
| and to county MR/DD boards, the Ohio School for the Deaf, and the | 115100 |
| Ohio School for the Blind for the purchase of buses to transport | 115101 |
| students with disabilities. | 115102 |
| SCHOOL LUNCH MATCH | 115103 |
| The foregoing appropriation item 200505, School Lunch Match, | 115104 |
| shall be used to provide matching funds to obtain federal funds | 115105 |
| for the school lunch program. | 115106 |
| Any remaining appropriation after providing matching funds | 115107 |
| for the school lunch program shall be used to partially reimburse | 115108 |
| school buildings within school districts that are required to have | 115109 |
| a school breakfast program under section 3313.813 of the Revised | 115110 |
| Code, at a rate decided by the Department. | 115111 |
| Section 265.20.90. AUXILIARY SERVICES | 115112 |
| The foregoing appropriation item 200511, Auxiliary Services, | 115113 |
| shall be used by the Department of Education for the purpose of | 115114 |
| implementing section 3317.06 of the Revised Code. Of the | 115115 |
| appropriation, up to $2,121,800 in each fiscal year may be used | 115116 |
| for payment of the Post-Secondary Enrollment Options Program for | 115117 |
| nonpublic students. Notwithstanding section 3365.10 of the | 115118 |
| Revised Code, the Department shall distribute funding according | 115119 |
| to rules adopted by the Department in accordance with Chapter 119. | 115120 |
| of the Revised Code. | 115121 |
| Section 265.30.10. NONPUBLIC ADMINISTRATIVE COST | 115122 |
| REIMBURSEMENT | 115123 |
| The foregoing appropriation item 200532, Nonpublic | 115124 |
| Administrative Cost Reimbursement, shall be used by the Department | 115125 |
| of Education for the purpose of implementing section 3317.063 of | 115126 |
| the Revised Code. | 115127 |
| Section 265.30.20. SPECIAL EDUCATION ENHANCEMENTS | 115128 |
| Of the foregoing appropriation item 200540, Special Education | 115129 |
| Enhancements, up to $2,906,875 in each fiscal year shall be used | 115130 |
| for home instruction for children with disabilities. | 115131 |
| Of the foregoing appropriation item 200540, Special Education | 115132 |
| Enhancements, up to $47,518,582 in fiscal year 2010 and up to | 115133 |
| $48,421,435 in fiscal year 2011 shall be used to fund special | 115134 |
| education and related services at county boards of mental | 115135 |
| retardation and developmental disabilities for eligible students | 115136 |
| under section 3317.20 of the Revised Code and at institutions for | 115137 |
| eligible students under section 3317.201 of the Revised Code. | 115138 |
| Notwithstanding the distribution formulas under sections 3317.20 | 115139 |
| and 3317.201 of the Revised Code, funding for MR/DD boards and | 115140 |
| institutions in fiscal year 2010 and fiscal year 2011 shall be | 115141 |
| determined by inflating the per pupil amount received by each | 115142 |
| MR/DD board and institution in the prior fiscal year by 1.9 per | 115143 |
| cent and providing that inflated per pupil amount for each student | 115144 |
| served in the current fiscal year. | 115145 |
| Of the foregoing appropriation item 200540, Special Education | 115146 |
| Enhancements, up to $1,500,000 in each fiscal year shall be used | 115147 |
| for parent mentoring programs. | 115148 |
| Of the foregoing appropriation item 200540, Special Education | 115149 |
| Enhancements, up to $2,783,396 in each fiscal year may be used for | 115150 |
| school psychology interns. | 115151 |
| The remainder of appropriation item 200540, Special Education | 115152 |
| Enhancements, shall be distributed by the Department of Education | 115153 |
| to county boards of mental retardation and developmental | 115154 |
| disabilities, educational service centers, and school districts | 115155 |
| for preschool special education units and preschool supervisory | 115156 |
| units under section 3317.052 of the Revised Code. To the greatest | 115157 |
| extent possible, the Department of Education shall allocate these | 115158 |
| units to school districts and educational service centers. | 115159 |
| The Department may reimburse county MR/DD boards, educational | 115160 |
| service centers, and school districts for services provided by | 115161 |
| instructional assistants, related services as defined in rule | 115162 |
| 3301-51-11 of the Administrative Code, physical therapy services | 115163 |
| provided by a licensed physical therapist or physical therapist | 115164 |
| assistant under the supervision of a licensed physical therapist | 115165 |
| as required under Chapter 4755. of the Revised Code and Chapter | 115166 |
| 4755-27 of the Administrative Code and occupational therapy | 115167 |
| services provided by a licensed occupational therapist or | 115168 |
| occupational therapy assistant under the supervision of a licensed | 115169 |
| occupational therapist as required under Chapter 4755. of the | 115170 |
| Revised Code and Chapter 4755-7 of the Administrative Code. | 115171 |
| Nothing in this section authorizes occupational therapy assistants | 115172 |
| or physical therapist assistants to generate or manage their own | 115173 |
| caseloads. | 115174 |
| The Department of Education shall require school districts, | 115175 |
| educational service centers, and county MR/DD boards serving | 115176 |
| preschool children with disabilities to document child progress | 115177 |
| using research-based indicators prescribed by the Department and | 115178 |
| report results annually. The reporting dates and method shall be | 115179 |
| determined by the Department. | 115180 |
| Section 265.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS | 115181 |
| Of the foregoing appropriation item 200545, Career-Technical | 115182 |
| Education Enhancements, up to $2,633,531 in fiscal year 2010 and | 115183 |
| up to $2,683,568 in fiscal year 2011 shall be used to fund | 115184 |
| secondary career-technical education at institutions. | 115185 |
| Notwithstanding sections 3317.05, 3317.052, and 3317.053 of the | 115186 |
| Revised Code, the Department of Education shall distribute funding | 115187 |
| to institutions for career-technical programming on a grant basis. | 115188 |
| Of the foregoing appropriation item 200545, Career-Technical | 115189 |
| Education Enhancements, up to $2,228,281 in each fiscal year shall | 115190 |
| be used by the Department of Education to fund competitive grants | 115191 |
| to tech prep consortia that expand the number of students enrolled | 115192 |
| in tech prep programs. These grant funds shall be used to directly | 115193 |
| support expanded tech prep programs provided to students enrolled | 115194 |
| in school districts, including joint vocational school districts, | 115195 |
| and affiliated higher education institutions. This support may | 115196 |
| include the purchase of equipment. | 115197 |
| Of the foregoing appropriation item 200545, Career-Technical | 115198 |
| Education Enhancements, $2,000 in each fiscal year shall be used | 115199 |
| by the Perry Local High School College Medical Tech Prep program | 115200 |
| in Massillon to teach low–income kids how to lead healthy | 115201 |
| lifestyles. | 115202 |
| Of the foregoing appropriation item 200545, Career-Technical | 115203 |
| Education Enhancements, up to $2,890,850 in each fiscal year shall | 115204 |
| be used by the Department of Education to support existing High | 115205 |
| Schools That Work (HSTW) sites, develop and support new sites, | 115206 |
| fund technical assistance, and support regional centers and middle | 115207 |
| school programs. The purpose of HSTW is to combine challenging | 115208 |
| academic courses and modern career-technical studies to raise the | 115209 |
| academic achievement of students. HSTW provides intensive | 115210 |
| technical assistance, focused staff development, targeted | 115211 |
| assessment services, and ongoing communications and networking | 115212 |
| opportunities. | 115213 |
| Section 265.30.40. FOUNDATION FUNDING | 115214 |
| The foregoing appropriation item 200550, Foundation Funding, | 115215 |
| includes $75,000,000 in each fiscal year for the state education | 115216 |
| aid offset due to the change in public utility valuation as a | 115217 |
| result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 115218 |
| General Assembly. This amount represents the total state education | 115219 |
| aid offset due to the valuation change for school districts and | 115220 |
| joint vocational school districts from all relevant appropriation | 115221 |
| line item sources. Upon certification by the Department of | 115222 |
| Education, in consultation with the Department of Taxation, to the | 115223 |
| Director of Budget and Management of the actual state aid offset, | 115224 |
| the cash transfer from the School District Property Tax | 115225 |
| Replacement - Utility Fund (Fund 7053) to the General Revenue | 115226 |
| Fund shall be decreased or increased by the Director of Budget | 115227 |
| and Management to match the certification in accordance with | 115228 |
| section 5727.84 of the Revised Code. | 115229 |
| The foregoing appropriation item 200550, Foundation Funding, | 115230 |
| includes $11,900,000 in fiscal year 2010 and $39,300,000 in | 115231 |
| fiscal year 2011 for the state education aid offset because of the | 115232 |
| changes in tangible personal property valuation as a result of Am. | 115233 |
| Sub. H.B. 66 of the 126th General Assembly. This amount represents | 115234 |
| the total state education aid offset because of the valuation | 115235 |
| change for school districts and joint vocational school districts | 115236 |
| from all relevant appropriation item sources. Upon certification | 115237 |
| by the Department of Education of the actual state education aid | 115238 |
| offset to the Director of Budget and Management, the cash transfer | 115239 |
| from the School District Tangible Property Tax Replacement - | 115240 |
| Business Fund (Fund 7047) to the General Revenue Fund shall be | 115241 |
| decreased or increased by the Director of Budget and Management | 115242 |
| to match the certification in accordance with section 5751.21 of | 115243 |
| the Revised Code. | 115244 |
| Of the foregoing appropriation item 200550, Foundation | 115245 |
| Funding, up to $425,000 shall be expended in each fiscal year for | 115246 |
| court payments under section 2151.362 of the Revised Code and up | 115247 |
| to $15,000,000 in each fiscal year shall be reserved for payments | 115248 |
| under sections 3317.026, 3317.027, and 3317.028 of the Revised | 115249 |
| Code except that the Controlling Board may increase the | 115250 |
| $15,000,000 amount if presented with such a request from the | 115251 |
| Department of Education. | 115252 |
| Of the foregoing appropriation item 200550, Foundation | 115253 |
| Funding, up to $18,000,000 in fiscal year 2010 and $15,000,000 in | 115254 |
| fiscal year 2011 shall be used to provide additional state aid to | 115255 |
| school districts for special education students under division | 115256 |
| (C)(3) of section 3317.022 of the Revised Code, except that the | 115257 |
| Controlling Board may increase these amounts if presented with | 115258 |
| such a request from the Department of Education at the final | 115259 |
| meeting of the fiscal year; up to $2,000,000 in each fiscal year | 115260 |
| shall be reserved for Youth Services tuition payments under | 115261 |
| section 3317.024 of the Revised Code; up to $8,100,000 in each | 115262 |
| fiscal year shall be used to fund gifted education units at | 115263 |
| educational service centers under division (L) of section 3317.024 | 115264 |
| of the Revised Code, notwithstanding division (D)(3) of section | 115265 |
| 3317.018 of the Revised Code; and up to $47,000,000 in each | 115266 |
| fiscal year shall be reserved to fund the state reimbursement of | 115267 |
| educational service centers under section 3317.11 of the Revised | 115268 |
| Code and the section of this act entitled "EDUCATIONAL SERVICE | 115269 |
| CENTERS FUNDING." | 115270 |
| Of the foregoing appropriation item 200550, Foundation | 115271 |
| Funding, an amount shall be available in each fiscal year to be | 115272 |
| used by the Department of Education for transitional aid for | 115273 |
| school districts under section 3306.19 of the Revised Code. | 115274 |
| Of the foregoing appropriation item 200550, Foundation | 115275 |
| Funding, up to $1,000,000 in each fiscal year shall be used by the | 115276 |
| Department of Education for a program to pay for educational | 115277 |
| services for youth who have been assigned by a juvenile court or | 115278 |
| other authorized agency to any of the facilities described in | 115279 |
| division (A) of the section of this act entitled "PRIVATE | 115280 |
| TREATMENT FACILITY PROJECT." | 115281 |
| Of the foregoing appropriation item 200550, Foundation | 115282 |
| Funding, up to $8,686,000 in fiscal year 2010 and up to $8,722,860 | 115283 |
| in fiscal year 2011 shall be used to operate school choice | 115284 |
| programs. | 115285 |
| Of the portion of the funds distributed to the Cleveland | 115286 |
| Municipal School District under this section, up to $11,901,887 in | 115287 |
| each fiscal year shall be used to operate the school choice | 115288 |
| program in the Cleveland Municipal School District under sections | 115289 |
| 3313.974 to 3313.979 of the Revised Code. Notwithstanding | 115290 |
| divisions (B) and (C) of section 3313.978 and division (C) of | 115291 |
| section 3313.979 of the Revised Code, up to $1,000,000 in each | 115292 |
| fiscal year of this amount shall be used by the Cleveland | 115293 |
| Municipal School District to provide tutorial assistance as | 115294 |
| provided in division (H) of section 3313.974 of the Revised Code. | 115295 |
| The Cleveland Municipal School District shall report the use of | 115296 |
| these funds in the district's three-year continuous improvement | 115297 |
| plan as described in section 3302.04 of the Revised Code in a | 115298 |
| manner approved by the Department of Education. | 115299 |
| Of the foregoing appropriation item 200550, Foundation | 115300 |
| Funding, an amount shall be available in each fiscal year to be | 115301 |
| paid to joint vocational school districts in accordance with the | 115302 |
| section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL | 115303 |
| DISTRICTS." | 115304 |
| Appropriation items 200455, Community Schools, 200502, Pupil | 115305 |
| Transportation, 200540, Special Education Enhancements, 200550, | 115306 |
| and Foundation Funding, 200551, Foundation Funding - Federal | 115307 |
| Stimulus, other than specific set-asides, are collectively used | 115308 |
| in each fiscal year to pay state formula aid obligations for | 115309 |
| school districts, community schools, and joint vocational school | 115310 |
| districts under this act and Chapter 3306. of the Revised Code. | 115311 |
| The first priority of these appropriation items, with the | 115312 |
| exception of specific set-asides, is to fund state formula aid | 115313 |
| obligations. It may be necessary to reallocate funds among these | 115314 |
| appropriation items or use excess funds from other general | 115315 |
| revenue fund appropriation items in the Department of | 115316 |
| Education's budget in each fiscal year, in order to meet state | 115317 |
| formula aid obligations. If it is determined that it is | 115318 |
| necessary to transfer funds among these appropriation items or to | 115319 |
| transfer funds from other General Revenue Fund appropriations in | 115320 |
| the Department of Education's budget to meet state formula aid | 115321 |
| obligations, the Department of Education shall seek approval from | 115322 |
| the Controlling Board to transfer funds as needed. | 115323 |
| Section 265.30.50. FUNDING FOR JOINT VOCATIONAL SCHOOL | 115324 |
| DISTRICTS | 115325 |
| (A) The Department of Education shall distribute funds within | 115326 |
| appropriation item 200550, Foundation Funding, for joint | 115327 |
| vocational funding in each fiscal year to each joint vocational | 115328 |
| school district that received joint vocational funding in fiscal | 115329 |
| year 2009. The Department shall distribute to each such district | 115330 |
| joint vocational funding in an amount equal to the district's | 115331 |
| joint vocational funding from the previous fiscal year inflated | 115332 |
| by 1.9 per cent. | 115333 |
| (B)(1) A district's fiscal year 2009 joint vocational | 115334 |
| funding equals the sum of the following, as reconciled by the | 115335 |
| Department: | 115336 |
| (a) Base-cost funding under division (B) of section 3317.16 | 115337 |
| of the Revised Code; | 115338 |
| (b) Special education and related services additional | 115339 |
| weighted funding under division (D)(1) of section 3317.16 of the | 115340 |
| Revised Code; | 115341 |
| (c) Speech services funding under division (D)(2) of section | 115342 |
| 3317.16 of the Revised Code; | 115343 |
| (d) Vocational education additional weighted funding under | 115344 |
| division (C) of section 3317.16 of the Revised Code; | 115345 |
| (e) GRADS funding under division (N) of section 3317.024 of | 115346 |
| the Revised Code; | 115347 |
| (f) Any transitional aid computed for the district under | 115348 |
| Section 269.30.90 of Am. Sub. H.B. 119 of the 127th General | 115349 |
| Assembly. | 115350 |
| (2) The joint vocational funding for each fiscal year for | 115351 |
| each district is the amount specified in division (A) or (B) of | 115352 |
| this section less any general revenue fund spending reductions | 115353 |
| ordered by the Governor under section 126.05 of the Revised Code. | 115354 |
| Section 265.30.60. TEACH OHIO | 115355 |
| Of the foregoing appropriation item 200555, Teach Ohio, | 115356 |
| $1,000,000 in each fiscal year shall be used to support the | 115357 |
| program established under division (A) of section 3333.39 of the | 115358 |
| Revised Code to encourage high school students interested in | 115359 |
| entering the teaching profession. | 115360 |
| The remainder of the appropriation shall be used to support | 115361 |
| alternative teacher licensure programs under section 3319.26 and | 115362 |
| division (C) of section 3333.39 of the Revised Code developed in | 115363 |
| partnership with the Department of Education, educational service | 115364 |
| centers, and institutions of higher education. Programs shall | 115365 |
| support teacher licensure in laboratory-based science, advanced | 115366 |
| mathematics, or foreign language at the secondary education level | 115367 |
| and employment with an Ohio school district designated by the | 115368 |
| Department as a hard-to-staff school. The programs shall be | 115369 |
| consistent with the State Board of Education's alternative | 115370 |
| licensure requirements. | 115371 |
| Section 265.30.70. VIOLENCE PREVENTION AND SCHOOL SAFETY | 115372 |
| Of the foregoing appropriation item 200578, Violence | 115373 |
| Prevention and School Safety, up to $224,250 in each fiscal year | 115374 |
| shall be used to fund a safe school center to provide resources | 115375 |
| for parents and for school and law enforcement personnel. | 115376 |
| The remainder of the appropriation shall be distributed based | 115377 |
| on guidelines developed by the Department of Education to enhance | 115378 |
| school safety. The guidelines shall provide a list of | 115379 |
| research-based best practices and programs from which local | 115380 |
| grantees shall select based on local needs. These practices shall | 115381 |
| include, but not be limited to, school resource officers and safe | 115382 |
| and drug free school coordinators and social-emotional development | 115383 |
| programs. | 115384 |
| COMMUNITY PROJECTS | 115385 |
| Of the foregoing appropriation item 200587, Community | 115386 |
| Projects, $1,000,000 in each fiscal year shall be used by the | 115387 |
| National Underground Railroad Freedom Center for education | 115388 |
| programs. | 115389 |
| Of the foregoing appropriation item 200587, Community | 115390 |
| Projects, up to $39,500 in each fiscal year may be used to support | 115391 |
| the application fee for candidates participating in the Take One | 115392 |
| program for beginning teachers in years two and three. | 115393 |
| Of the foregoing appropriation item 200587, Community | 115394 |
| Projects, $100,000 in each fiscal year shall be used to support | 115395 |
| the Toledo Tech Academy. Of this amount, $25,000 in each fiscal | 115396 |
| year shall be used by the Toledo Tech Academy to enhance and | 115397 |
| establish For Inspiration and Recognition in Science and | 115398 |
| Technology programs (F.I.R.S.T.). | 115399 |
| Of the foregoing appropriation item 200587, Community | 115400 |
| Projects, $25,000 in each fiscal year shall be distributed to the | 115401 |
| Beaver Creek Wildlife Education Center for student field trips. | 115402 |
| Of the foregoing appropriation item 200587, Community | 115403 |
| Projects, $50,000 in each fiscal year shall be used for the | 115404 |
| after-school programs of the Monroe Community Center in Stark | 115405 |
| County. | 115406 |
| Of the foregoing appropriation item 200587, Community | 115407 |
| Projects, $250,000 in each fiscal year shall be provided to Kids | 115408 |
| Unlimited to support its after-school program. | 115409 |
| Of the foregoing appropriation item 200587, Community | 115410 |
| Projects, $100,000 in fiscal year 2011 shall be used by the Green | 115411 |
| Local School District in Summit County, in partnership with The | 115412 |
| University of Akron, to create a distance learning pilot program. | 115413 |
| Of the foregoing appropriation item 200587, Community | 115414 |
| Projects, $100,000 in each fiscal year shall be provided to the | 115415 |
| Cincinnati Arts and Technology Center to increase program support | 115416 |
| for high-risk teens and unemployed urban adults. | 115417 |
| Of the foregoing appropriation item 200587, Community | 115418 |
| Projects, $1,500,000 in each fiscal year shall be used for Project | 115419 |
| Lead the Way leadership and management oversight and initial and | 115420 |
| continuing support of Project Lead the Way workforce development | 115421 |
| programs in participating school districts. | 115422 |
| Of the foregoing appropriation item 200587, Community | 115423 |
| Projects, up to $900,000 in each fiscal year shall be used by the | 115424 |
| Department of Education to fund the Reading Recovery Training | 115425 |
| Network, to cover the cost of release time for the teacher | 115426 |
| trainers. | 115427 |
| Of the foregoing appropriation item 200587, Community | 115428 |
| Projects, up to $100,000 in each fiscal year shall be used to | 115429 |
| establish a reading recovery teacher leader training site at | 115430 |
| Marietta College in fiscal year 2010 and to provide training for | 115431 |
| reading recovery teachers by a teacher leader in fiscal year 2011. | 115432 |
| Of the foregoing appropriation item 200587, Community | 115433 |
| Projects, $50,000 in each fiscal year shall be used for the Ohio | 115434 |
| University Leadership Project. | 115435 |
| Of the foregoing appropriation item 200587, Community | 115436 |
| Projects, up to $1,026,017 in each fiscal year shall be used by | 115437 |
| the Department of Education to fund the Summer Honors Institute, | 115438 |
| including funding for the Martin Essex Program, which shall be | 115439 |
| awarded through a request for proposals process. | 115440 |
| Of the foregoing appropriation item 200587, Community | 115441 |
| Projects, $75,000 in each fiscal year shall be used for Leaf | 115442 |
| Lake/Geauga Educational Assistance Funding. | 115443 |
| Of the foregoing appropriation item 200587, Community | 115444 |
| Projects, $500,000 in each fiscal year shall be used to support | 115445 |
| the Bellefaire Jewish Children's Bureau. | 115446 |
| Of the foregoing appropriation item 200587, Community | 115447 |
| Projects, $650,000 in each fiscal year shall be used to support | 115448 |
| Project More for one-to-one reading mentoring. | 115449 |
| Of the foregoing appropriation item 200587, Community | 115450 |
| Projects, $100,000 in each fiscal year shall be used by the | 115451 |
| American Academy of Pediatrics for the Reach Out and Read Program. | 115452 |
| Of the foregoing appropriation item 200587, Community | 115453 |
| Projects, up to $500,000 shall be used in each fiscal year by the | 115454 |
| Department of Education to contract with the Children's Hunger | 115455 |
| Alliance to expand access to child nutrition programs consistent | 115456 |
| with the organization's continued ability to meet specified | 115457 |
| performance measures as detailed in the contract. | 115458 |
| Of the foregoing appropriation item 200587, Community | 115459 |
| Projects, up to $260,000 in fiscal year 2010 shall be used for the | 115460 |
| development of a model dating violence policy and adoption of | 115461 |
| dating violence prevention education standards. | 115462 |
| Section 265.30.80. PROPERTY TAX ALLOCATION - EDUCATION | 115463 |
| The Superintendent of Public Instruction shall not request, | 115464 |
| and the Controlling Board shall not approve, the transfer of | 115465 |
| appropriation from appropriation item 200901, Property Tax | 115466 |
| Allocation - Education, to any other appropriation item. | 115467 |
| The appropriation item 200901, Property Tax Allocation - | 115468 |
| Education, is appropriated to pay for the state's costs incurred | 115469 |
| because of the homestead exemption, the property tax rollback, and | 115470 |
| payments required under division (C) of section 5705.2110 of the | 115471 |
| Revised Code. In cooperation with the Department of Taxation, the | 115472 |
| Department of Education shall distribute these funds directly to | 115473 |
| the appropriate school districts of the state, notwithstanding | 115474 |
| sections 321.24 and 323.156 of the Revised Code, which provide for | 115475 |
| payment of the homestead exemption and property tax rollback by | 115476 |
| the Tax Commissioner to the appropriate county treasurer and the | 115477 |
| subsequent redistribution of these funds to the appropriate local | 115478 |
| taxing districts by the county auditor. | 115479 |
| Upon receipt of these amounts, each school district shall | 115480 |
| distribute the amount among the proper funds as if it had been | 115481 |
| paid as real or tangible personal property taxes. Payments for the | 115482 |
| costs of administration shall continue to be paid to the county | 115483 |
| treasurer and county auditor as provided for in sections 319.54, | 115484 |
| 321.26, and 323.156 of the Revised Code. | 115485 |
| Any sums, in addition to the amount specifically appropriated | 115486 |
| in appropriation items 200901, Property Tax Allocation - | 115487 |
| Education, for the homestead exemption and the property tax | 115488 |
| rollback payments, and payments required under division (C) of | 115489 |
| section 5705.2110 of the Revised Code, which are determined to be | 115490 |
| necessary for these purposes, are hereby appropriated. | 115491 |
| Section 265.30.90. TEACHER CERTIFICATION AND LICENSURE | 115492 |
| The foregoing appropriation item 200681, Teacher | 115493 |
| Certification and Licensure, shall be used by the Department of | 115494 |
| Education in each year of the biennium to administer and support | 115495 |
| teacher certification and licensure activities. | 115496 |
| SCHOOL DISTRICT SOLVENCY ASSISTANCE | 115497 |
| Of the foregoing appropriation item 200687, School District | 115498 |
| Solvency Assistance, $9,000,000 in each fiscal year shall be | 115499 |
| allocated to the School District Shared Resource Account and | 115500 |
| $9,000,000 in each fiscal year shall be allocated to the | 115501 |
| Catastrophic Expenditures Account. These funds shall be used to | 115502 |
| provide assistance and grants to school districts to enable them | 115503 |
| to remain solvent under section 3316.20 of the Revised Code. | 115504 |
| Assistance and grants shall be subject to approval by the | 115505 |
| Controlling Board. Any required reimbursements from school | 115506 |
| districts for solvency assistance shall be made to the appropriate | 115507 |
| account in the School District Solvency Assistance Fund (Fund | 115508 |
| 5H30). | 115509 |
| Notwithstanding any provision of law to the contrary, upon | 115510 |
| the request of the Superintendent of Public Instruction, the | 115511 |
| Director of Budget and Management may make transfers to the School | 115512 |
| District Solvency Assistance Fund (Fund 5H30) from any fund used | 115513 |
| by the Department of Education or the General Revenue Fund to | 115514 |
| maintain sufficient cash balances in Fund 5H30 in fiscal years | 115515 |
| 2010 and 2011. Any cash transferred is hereby appropriated. The | 115516 |
| transferred cash may be used by the Department of Education to | 115517 |
| provide assistance and grants to school districts to enable them | 115518 |
| to remain solvent and to pay unforeseeable expenses of a | 115519 |
| temporary or emergency nature that the school district is unable | 115520 |
| to pay from existing resources. The Director of Budget and | 115521 |
| Management shall notify the members of the Controlling Board of | 115522 |
| any such transfers. | 115523 |
| Section 265.40.10. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS | 115524 |
| Upon the request of the Superintendent of Public Instruction, | 115525 |
| the Director of Budget and Management may transfer up to $639,000 | 115526 |
| cash in each fiscal year from the General Revenue Fund to the | 115527 |
| Schools Medicaid Administrative Claims Fund (Fund 3AF0). The | 115528 |
| transferred cash is to be used by the Department of Education to | 115529 |
| pay the expenses the Department incurs in administering the | 115530 |
| Medicaid School Component of the Medicaid program established | 115531 |
| under sections 5111.71 to 5111.715 of the Revised Code. On June 1 | 115532 |
| of each fiscal year, or as soon as possible thereafter, the | 115533 |
| Director of Budget and Management shall transfer cash from Fund | 115534 |
| 3AF0 back to the General Revenue Fund in an amount equal to the | 115535 |
| total amount transferred to Fund 3AF0 in that fiscal year. | 115536 |
| The money deposited into Fund 3AF0 under division (B) of | 115537 |
| section 5111.714 of the Revised Code is hereby appropriated for | 115538 |
| fiscal years 2010 and 2011 and shall be used in accordance with | 115539 |
| division (D) of section 5111.714 of the Revised Code. | 115540 |
| Section 265.40.20. READING FIRST | 115541 |
| The foregoing appropriation item 200632, Reading First, | 115542 |
| shall be used by school districts to administer federal diagnostic | 115543 |
| tests as well as other functions permitted by federal statute. | 115544 |
| Notwithstanding section 3301.079 of the Revised Code, federal | 115545 |
| diagnostic tests may be recognized as meeting the state diagnostic | 115546 |
| testing requirements outlined in section 3301.079 of the Revised | 115547 |
| Code. | 115548 |
| HALF-MILL MAINTENANCE EQUALIZATION | 115549 |
| The foregoing appropriation item 200626, Half-Mill | 115550 |
| Maintenance Equalization, shall be used to make payments pursuant | 115551 |
| to section 3318.18 of the Revised Code. | 115552 |
| Section 265.40.30. START-UP FUNDS | 115553 |
| Funds appropriated for the purpose of providing start-up | 115554 |
| grants to Title IV-A Head Start and Title IV-A Head Start Plus | 115555 |
| agencies in fiscal year 2004 and fiscal year 2005 for the | 115556 |
| provision of services to children eligible for Title IV-A services | 115557 |
| under the Title IV-A Head Start or Title IV-A Head Start Plus | 115558 |
| programs shall be reimbursed to the General Revenue Fund as | 115559 |
| follows: | 115560 |
| (A) If, for fiscal years 2010 or 2011, an entity that was a | 115561 |
| Title IV-A Head Start or Title IV-A Head Start Plus agency will | 115562 |
| not be an early learning agency or early learning provider, the | 115563 |
| entity shall repay the entire amount of the start-up grant it | 115564 |
| received in fiscal year 2004 and fiscal year 2005 not later than | 115565 |
| June 30, 2019, in accordance with a payment schedule agreed to | 115566 |
| by the Department of Education. | 115567 |
| (B) If an entity that was a Title IV-A Head Start or Title | 115568 |
| IV-A Head Start Plus agency in fiscal year 2004 or fiscal year | 115569 |
| 2005 will be an early learning agency or early learning provider | 115570 |
| in fiscal year 2010 and fiscal year 2011, the entity shall be | 115571 |
| allowed to retain any amount of the start-up grant it received, | 115572 |
| unless division (D) of this section applies to the entity. In that | 115573 |
| case, the entity shall repay the entire amount of the obligation | 115574 |
| described in that division not later than June 30, 2019. | 115575 |
| (C) Within ninety days after the closure of an early learning | 115576 |
| agency or early learning provider that was a Title IV-A Head Start | 115577 |
| Plus agency in fiscal year 2004 or fiscal year 2005, the former | 115578 |
| Title IV-A Head Start agencies, Title IV-A Head Start Plus | 115579 |
| agencies, and the Department of Education shall determine the | 115580 |
| repayment schedule for amounts owed under division (A) of this | 115581 |
| section. These amounts shall be paid to the state not later than | 115582 |
| June 30, 2019. | 115583 |
| (D) If an entity that was a Title IV-A Head Start or Title | 115584 |
| IV-A Head Start Plus agency in fiscal year 2004 or fiscal year | 115585 |
| 2005 owed the state any portion of the start-up grant amount | 115586 |
| during fiscal year 2006 or fiscal year 2007 but failed to repay | 115587 |
| the entire amount of the obligation by June 30, 2007, the entity | 115588 |
| shall be given an extension for repayment through June 30, 2019, | 115589 |
| before any amounts remaining due and payable to the state are | 115590 |
| referred to the Attorney General for collection under section | 115591 |
| 131.02 of the Revised Code. | 115592 |
| (E) Any Title IV-A Head Start or Title IV-A Head Start Plus | 115593 |
| start-up grants that are retained by early learning agencies or | 115594 |
| early learning providers pursuant to this section shall be | 115595 |
| reimbursed to the General Revenue Fund when the early learning | 115596 |
| program ceases or if an early learning agency's or early learning | 115597 |
| provider's participation in the early learning program ceases or | 115598 |
| is terminated. | 115599 |
| Section 265.40.40. AUXILIARY SERVICES REIMBURSEMENT | 115600 |
| Notwithstanding section 3317.064 of the Revised Code, if the | 115601 |
| unexpended, unencumbered cash balance is sufficient, the Treasurer | 115602 |
| of State shall transfer $1,500,000 in fiscal year 2010 within | 115603 |
| thirty days after the effective date of this section, and | 115604 |
| $1,500,000 in fiscal year 2011 by August 1, 2010, from the | 115605 |
| Auxiliary Services Personnel Unemployment Compensation Fund to the | 115606 |
| Auxiliary Services Reimbursement Fund (Fund 5980) used by the | 115607 |
| Department of Education. | 115608 |
| Section 265.40.50. LOTTERY PROFITS EDUCATION FUND | 115609 |
| Appropriation item 200612, Foundation Funding (Fund 7017), | 115610 |
| shall be used in conjunction with appropriation item 200550, | 115611 |
| Foundation Funding (GRF), to provide payments to school districts | 115612 |
| under Chapter 3306. of the Revised Code. | 115613 |
| The Department of Education, with the approval of the | 115614 |
| Director of Budget and Management, shall determine the monthly | 115615 |
| distribution schedules of appropriation item 200550, Foundation | 115616 |
| Funding (GRF), and appropriation item 200612, Foundation Funding | 115617 |
| (Fund 7017). If adjustments to the monthly distribution schedule | 115618 |
| are necessary, the Department of Education shall make such | 115619 |
| adjustments with the approval of the Director of Budget and | 115620 |
| Management. | 115621 |
| Section 265.40.60. LOTTERY PROFITS EDUCATION RESERVE FUND | 115622 |
| (A) There is hereby created the Lottery Profits Education | 115623 |
| Reserve Fund (Fund 7018) in the State Treasury. Investment | 115624 |
| earnings of the Lottery Profits Education Reserve Fund shall be | 115625 |
| credited to the fund. The Superintendent of Public Instruction may | 115626 |
| certify cash balances exceeding $75,000,000 in Fund 7018 to the | 115627 |
| Director of Budget and Management in June of any given fiscal | 115628 |
| year. Prior to making the certification, the Superintendent of | 115629 |
| Public Instruction shall determine whether the funds above the | 115630 |
| $75,000,000 threshold are needed to help pay for foundation | 115631 |
| program obligations for that fiscal year under Chapter 3306. of | 115632 |
| the Revised Code. | 115633 |
| For fiscal years 2010 and 2011, notwithstanding any | 115634 |
| provisions of law to the contrary, amounts necessary to make loans | 115635 |
| authorized by sections 3317.0210, 3317.0211, and 3317.62 of the | 115636 |
| Revised Code are hereby appropriated to Fund 7018. Loan repayments | 115637 |
| from loans made in previous years shall be deposited to the | 115638 |
| fund. | 115639 |
| (B) On July 15, 2009, or as soon as possible thereafter, the | 115640 |
| Director of the Ohio Lottery Commission shall certify to the | 115641 |
| Director of Budget and Management the amount by which lottery | 115642 |
| profit transfers received by the Lottery Profits Education Fund | 115643 |
| (Fund 7017) exceeded $667,900,000 in fiscal year 2009. The | 115644 |
| Director of Budget and Management may transfer the amount so | 115645 |
| certified, plus the cash balance in Fund 7017, to Fund 7018. | 115646 |
| (C) On July 15, 2010, or as soon as possible thereafter, the | 115647 |
| Director of the Ohio Lottery Commission shall certify to the | 115648 |
| Director of Budget and Management the amount by which lottery | 115649 |
| profit transfers received by Fund 7017 exceeded $705,000,000 in | 115650 |
| fiscal year 2010. The Director of Budget and Management may | 115651 |
| transfer the amount so certified, plus the cash balance in Fund | 115652 |
| 7017, to Fund 7018. | 115653 |
| (D) Any amounts transferred under division (B) or (C) of this | 115654 |
| section may be made available by the Controlling Board in fiscal | 115655 |
| years 2010 or 2011, at the request of the Superintendent of Public | 115656 |
| Instruction, to provide assistance and grants to school districts | 115657 |
| to enable them to remain solvent and to pay unforeseeable expenses | 115658 |
| of a temporary or emergency nature that they are unable to pay | 115659 |
| from existing resources under section 3316.20 of the Revised Code, | 115660 |
| and to provide payments to school districts under Chapter 3306. of | 115661 |
| the Revised Code. | 115662 |
| Section 265.40.70. GENERAL REVENUE FUND TRANSFERS TO SCHOOL | 115663 |
| DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047) | 115664 |
| Notwithstanding any provision of law to the contrary, in | 115665 |
| fiscal year 2010 and fiscal year 2011 the Director of Budget and | 115666 |
| Management may make temporary transfers between the General | 115667 |
| Revenue Fund and the School District Property Tax Replacement – | 115668 |
| Business Fund (Fund 7047) in the Department of Education to ensure | 115669 |
| sufficient balances in Fund 7047 and to replenish the General | 115670 |
| Revenue Fund for such transfers. | 115671 |
| Section 265.40.80. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - | 115672 |
| BUSINESS | 115673 |
| The foregoing appropriation item 200909, School District | 115674 |
| Property Tax Replacement – Business, shall be used by the | 115675 |
| Department of Education, in consultation with the Department of | 115676 |
| Taxation, to make payments to school districts and joint | 115677 |
| vocational school districts under section 5751.21 of the Revised | 115678 |
| Code. If it is determined by the Director of Budget and | 115679 |
| Management that additional appropriations are necessary for this | 115680 |
| purpose, such amounts are hereby appropriated. | 115681 |
| SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY | 115682 |
| The foregoing appropriation item 200900, School District | 115683 |
| Property Tax Replacement-Utility, shall be used by the Department | 115684 |
| of Education, in consultation with the Department of Taxation, to | 115685 |
| make payments to school districts and joint vocational school | 115686 |
| districts under section 5727.85 of the Revised Code. If it is | 115687 |
| determined by the Director of Budget and Management that | 115688 |
| additional appropriations are necessary for this purpose, such | 115689 |
| amounts are hereby appropriated. | 115690 |
| DISTRIBUTION FORMULAS | 115691 |
| The Department of Education shall report the following to the | 115692 |
| Director of Budget and Management and the Legislative Service | 115693 |
| Commission: | 115694 |
| (A) Changes in formulas for distributing state | 115695 |
| appropriations, including administratively defined formula | 115696 |
| factors; | 115697 |
| (B) Discretionary changes in formulas for distributing | 115698 |
| federal appropriations; | 115699 |
| (C) Federally mandated changes in formulas for distributing | 115700 |
| federal appropriations. | 115701 |
| Any such changes shall be reported two weeks prior to the | 115702 |
| effective date of the change. | 115703 |
| Section 265.50.10. EDUCATIONAL SERVICE CENTERS FUNDING | 115704 |
| (A) As used in this section: | 115705 |
| (1) "Internet- or computer-based community school" has the | 115706 |
| same meaning as in section 3314.02 of the Revised Code. | 115707 |
| (2) "Service center ADM" has the same meaning as in section | 115708 |
| 3317.11 of the Revised Code. | 115709 |
| (3) "STEM school" means a science, technology, engineering, | 115710 |
| and mathematics school established under Chapter 3326. of the | 115711 |
| Revised Code. | 115712 |
| (B) Notwithstanding division (F) of section 3317.11 of the | 115713 |
| Revised Code, no funds shall be provided under that division to an | 115714 |
| educational service center in either fiscal year for any pupils of | 115715 |
| a city or exempted village school district unless an agreement to | 115716 |
| provide services under section 3313.843 of the Revised Code was | 115717 |
| entered into by January 1, 1997, except that funds shall be | 115718 |
| provided to an educational service center for any pupils of a city | 115719 |
| school district if the agreement to provide services was entered | 115720 |
| into within one year of the date upon which such district changed | 115721 |
| from a local school district to a city school district. | 115722 |
| If an educational service center that entered into an | 115723 |
| agreement by January 1, 1997, with a city or exempted village | 115724 |
| school district to provide services under section 3313.843 of the | 115725 |
| Revised Code ceases to operate because all of the local school | 115726 |
| districts that constituted the territory of the service center | 115727 |
| have severed from the service center pursuant to section 3311.059 | 115728 |
| of the Revised Code, another educational service center, by | 115729 |
| resolution of its governing board, may assume the obligations of | 115730 |
| the original service center to provide services to the city or | 115731 |
| exempted village school district under that agreement. If that | 115732 |
| other service center assumes those obligations to provide services | 115733 |
| to the city or exempted village school district, that service | 115734 |
| center shall be considered to be the service center that entered | 115735 |
| into the agreement by January 1, 1997, and, accordingly, may | 115736 |
| receive funds under division (F) of section 3317.11 of the Revised | 115737 |
| Code in accordance with this section in fiscal years 2010 and 2011 | 115738 |
| for pupils of that city or exempted village school district. | 115739 |
| (C) Notwithstanding any provision of the Revised Code to the | 115740 |
| contrary, an educational service center that sponsors a community | 115741 |
| school under Chapter 3314. of the Revised Code in either fiscal | 115742 |
| year may include the students of that community school in its | 115743 |
| service center ADM for purposes of state funding under division | 115744 |
| (F) of section 3317.11 of the Revised Code, unless the community | 115745 |
| school is an Internet- or computer-based community school. A | 115746 |
| service center shall include the community school students in its | 115747 |
| service center ADM only to the extent that the students are not | 115748 |
| already so included, and only in accordance with guidelines issued | 115749 |
| by the Department of Education. If the students of a community | 115750 |
| school sponsored by an educational service center are included in | 115751 |
| the service center ADM of another educational service center, | 115752 |
| those students shall be removed from the service center ADM of the | 115753 |
| other educational service center and added to the service center | 115754 |
| ADM of the community school's sponsoring service center. The | 115755 |
| General Assembly authorizes this procedure as an incentive for | 115756 |
| educational service centers to take over sponsorship of community | 115757 |
| schools from the State Board of Education as the State Board's | 115758 |
| sponsorship is phased out in accordance with Sub. H.B. 364 of the | 115759 |
| 124th General Assembly. No student of an Internet- or | 115760 |
| computer-based community school shall be counted in the service | 115761 |
| center ADM of any educational service center. The Department shall | 115762 |
| pay educational service centers under division (F) of section | 115763 |
| 3317.11 of the Revised Code for community school students included | 115764 |
| in their service center ADMs under this division only if | 115765 |
| sufficient funds earmarked within appropriation item 200550, | 115766 |
| Foundation Funding, for payments under that division remain after | 115767 |
| first paying for students attributable to their local and client | 115768 |
| school districts, in accordance with divisions (B) and (E) of this | 115769 |
| section. | 115770 |
| (D) Notwithstanding division (C) of section 3326.45 of the | 115771 |
| Revised Code, the Department shall pay educational service centers | 115772 |
| under division (H) of section 3317.11 of the Revised Code for | 115773 |
| services provided to STEM schools only if sufficient funds | 115774 |
| earmarked within appropriation item 200550, Foundation Funding, | 115775 |
| for payments under that division remain after first paying for | 115776 |
| students attributable to the local and client school districts of | 115777 |
| the service centers and for community school students in their | 115778 |
| service center ADMs, in accordance with divisions (B), (C), and | 115779 |
| (E) of this section. | 115780 |
| (E) If insufficient funds are earmarked within appropriation | 115781 |
| item 200550, Foundation Funding, for payments under divisions (F) | 115782 |
| and (H) of section 3317.11 of the Revised Code and division (C) of | 115783 |
| this section in fiscal year 2010 or fiscal year 2011, the | 115784 |
| Department shall prioritize the distribution of the earmarked | 115785 |
| funds as follows: | 115786 |
| (1) The Department shall first distribute to each educational | 115787 |
| service center the per-student amount specified in division (F) of | 115788 |
| section 3317.11 of the Revised Code for each student in its | 115789 |
| service center ADM attributable to the local school districts | 115790 |
| within the service center's territory. | 115791 |
| (2) The Department shall distribute the remaining funds in | 115792 |
| each fiscal year to each educational service center for the | 115793 |
| students in its service center ADM attributable to each city and | 115794 |
| exempted village school district that had entered into an | 115795 |
| agreement with an educational service center for that fiscal year | 115796 |
| under section 3313.843 of the Revised Code by January 1, 1997, up | 115797 |
| to the per-student amount specified in division (F) of section | 115798 |
| 3317.11 of the Revised Code. If insufficient funds remain to pay | 115799 |
| each service center the full amount specified in division (F) of | 115800 |
| that section for each such student, the Department shall | 115801 |
| distribute the remaining funds to each service center | 115802 |
| proportionally, on a per-student basis for each such student, | 115803 |
| unless that proportional per-student amount exceeds the amount | 115804 |
| specified in division (F)(1) of that section. In that case, the | 115805 |
| Department shall distribute the per-student amount specified in | 115806 |
| division (F)(1) of that section to each service center for each | 115807 |
| such student and shall distribute the remainder proportionally, on | 115808 |
| a per-student basis for each such student, to the multicounty | 115809 |
| service centers described in division (F)(2) of that section. | 115810 |
| (3) If the Department has paid each service center under | 115811 |
| divisions (E)(1) and (2) of this section the full amount specified | 115812 |
| in division (F) of section 3317.11 of the Revised Code for each | 115813 |
| student attributable to its local school districts and its client | 115814 |
| school districts described in division (E)(2) of this section, the | 115815 |
| Department shall distribute any remaining funds proportionally, on | 115816 |
| a per-student basis, to each service center that sponsors a | 115817 |
| community school, other than an Internet- or computer-based | 115818 |
| community school, for the students included in the service center | 115819 |
| ADM under division (C) of this section. These payments shall not | 115820 |
| exceed per student the amount specified in division (F) of section | 115821 |
| 3317.11 of the Revised Code. | 115822 |
| (4) If the Department has paid each educational service | 115823 |
| center that sponsors a community school, other than an Internet- | 115824 |
| or computer-based community school, the full amount specified in | 115825 |
| division (F) of section 3317.11 of the Revised Code for each | 115826 |
| community school student included in the service center ADM under | 115827 |
| division (C) of this section, the Department shall distribute any | 115828 |
| remaining funds to each service center that is owed money under | 115829 |
| division (H) of section 3317.11 of the Revised Code for services | 115830 |
| provided to a STEM school. If insufficient funds remain to pay | 115831 |
| each service center the full amount calculated for it under | 115832 |
| division (H) of section 3317.11 of the Revised Code, the | 115833 |
| Department shall distribute the remaining funds proportionally, on | 115834 |
| a per-student basis, to each service center owed money under that | 115835 |
| division, unless that proportional per-student amount exceeds the | 115836 |
| per-student amount specified in any service center's contract | 115837 |
| entered into under section 3326.45 of the Revised Code. In that | 115838 |
| case, the Department shall distribute the lowest per-student | 115839 |
| amount specified in the service center contracts entered into | 115840 |
| under that section to each service center owed money under | 115841 |
| division (H) of section 3317.11 of the Revised Code and shall | 115842 |
| distribute the remainder proportionally, on a per-student basis, | 115843 |
| to service centers with contracts under section 3326.45 of the | 115844 |
| Revised Code that specify higher per-student amounts, but in no | 115845 |
| case shall the payments to any service center exceed the | 115846 |
| per-student amount specified in the service center's contract with | 115847 |
| the STEM school. | 115848 |
| Section 265.50.20. WAIVER OF PUPIL TO TEACHER RATIO | 115849 |
| For the school year commencing July 1, 2009, or the school | 115850 |
| year commencing July 1, 2010, or both, the Superintendent of | 115851 |
| Public Instruction may waive for the board of education of any | 115852 |
| school district the ratio of teachers to pupils in kindergarten | 115853 |
| through fourth grade required under paragraph (A)(3) of rule | 115854 |
| 3301-35-05 of the Administrative Code if the following conditions | 115855 |
| apply: | 115856 |
| (A) The board of education requests the waiver. | 115857 |
| (B) After the Department of Education conducts an on-site | 115858 |
| evaluation of the district related to meeting the required ratio, | 115859 |
| the board of education demonstrates to the satisfaction of the | 115860 |
| Superintendent of Public Instruction that providing the facilities | 115861 |
| necessary to meet the required ratio during the district's regular | 115862 |
| school hours with pupils in attendance would impose an extreme | 115863 |
| hardship on the district. | 115864 |
| (C) The board of education provides assurances that are | 115865 |
| satisfactory to the Superintendent of Public Instruction that the | 115866 |
| board will act in good faith to meet the required ratio as soon as | 115867 |
| possible. | 115868 |
| Section 265.50.30. PRIVATE TREATMENT FACILITY PROJECT | 115869 |
| (A) As used in this section: | 115870 |
| (1) The following are "participating residential treatment | 115871 |
| centers": | 115872 |
| (a) Private residential treatment facilities that have | 115873 |
| entered into a contract with the Department of Youth Services to | 115874 |
| provide services to children placed at the facility by the | 115875 |
| Department and which, in fiscal year 2010 or fiscal year 2011 or | 115876 |
| both, the Department pays through appropriation item 470401, | 115877 |
| RECLAIM Ohio; | 115878 |
| (b) Abraxas, in Shelby; | 115879 |
| (c) Paint Creek, in Bainbridge; | 115880 |
| (d) Act One, in Akron; | 115881 |
| (e) F.I.R.S.T., in Mansfield. | 115882 |
| (2) "Education program" means an elementary or secondary | 115883 |
| education program or a special education program and related | 115884 |
| services. | 115885 |
| (3) "Served child" means any child receiving an education | 115886 |
| program pursuant to division (B) of this section. | 115887 |
| (4) "School district responsible for tuition" means a city, | 115888 |
| exempted village, or local school district that, if tuition | 115889 |
| payment for a child by a school district is required under law | 115890 |
| that existed in fiscal year 1998, is the school district required | 115891 |
| to pay that tuition. | 115892 |
| (5) "Residential child" means a child who resides in a | 115893 |
| participating residential treatment center and who is receiving an | 115894 |
| educational program under division (B) of this section. | 115895 |
| (B) A youth who is a resident of the state and has been | 115896 |
| assigned by a juvenile court or other authorized agency to a | 115897 |
| residential treatment facility specified in division (A) of this | 115898 |
| section shall be enrolled in an approved educational program | 115899 |
| located in or near the facility. Approval of the educational | 115900 |
| program shall be contingent upon compliance with the criteria | 115901 |
| established for such programs by the Department of Education. The | 115902 |
| educational program shall be provided by a school district or | 115903 |
| educational service center, or by the residential facility itself. | 115904 |
| Maximum flexibility shall be given to the residential treatment | 115905 |
| facility to determine the provider. In the event that a voluntary | 115906 |
| agreement cannot be reached and the residential facility does not | 115907 |
| choose to provide the educational program, the educational service | 115908 |
| center in the county in which the facility is located shall | 115909 |
| provide the educational program at the treatment center to | 115910 |
| children under twenty-two years of age residing in the treatment | 115911 |
| center. | 115912 |
| (C) Any school district responsible for tuition for a | 115913 |
| residential child shall, notwithstanding any conflicting provision | 115914 |
| of the Revised Code regarding tuition payment, pay tuition for the | 115915 |
| child for fiscal year 2010 and fiscal year 2011 to the education | 115916 |
| program provider and in the amount specified in this division. If | 115917 |
| there is no school district responsible for tuition for a | 115918 |
| residential child and if the participating residential treatment | 115919 |
| center to which the child is assigned is located in the city, | 115920 |
| exempted village, or local school district that, if the child were | 115921 |
| not a resident of that treatment center, would be the school | 115922 |
| district where the child is entitled to attend school under | 115923 |
| sections 3313.64 and 3313.65 of the Revised Code, that school | 115924 |
| district, notwithstanding any conflicting provision of the Revised | 115925 |
| Code, shall pay tuition for the child for fiscal year 2010 and | 115926 |
| fiscal year 2011 under this division unless that school district | 115927 |
| is providing the educational program to the child under division | 115928 |
| (B) of this section. | 115929 |
| A tuition payment under this division shall be made to the | 115930 |
| school district, educational service center, or residential | 115931 |
| treatment facility providing the educational program to the child. | 115932 |
| The amount of tuition paid shall be: | 115933 |
| (1) The amount of tuition determined for the district under | 115934 |
| division (A) of section 3317.08 of the Revised Code; | 115935 |
| (2) In addition, for any student receiving special education | 115936 |
| pursuant to an individualized education program as defined in | 115937 |
| section 3323.01 of the Revised Code, a payment for excess costs. | 115938 |
| This payment shall equal the actual cost to the school district, | 115939 |
| educational service center, or residential treatment facility of | 115940 |
| providing special education and related services to the student | 115941 |
| pursuant to the student's individualized education program, minus | 115942 |
| the tuition paid for the child under division (C)(1) of this | 115943 |
| section. | 115944 |
| A school district paying tuition under this division shall | 115945 |
| not include the child for whom tuition is paid in the district's | 115946 |
| average daily membership certified under division (A) of section | 115947 |
| 3317.03 of the Revised Code. | 115948 |
| (D) In each of fiscal years 2010 and 2011, the Department of | 115949 |
| Education shall reimburse, from appropriations made for the | 115950 |
| purpose, a school district, educational service center, or | 115951 |
| residential treatment facility, whichever is providing the | 115952 |
| service, that has demonstrated that it is in compliance with the | 115953 |
| funding criteria for each served child for whom a school district | 115954 |
| must pay tuition under division (C) of this section. The amount of | 115955 |
| the reimbursement shall be the amount appropriated for this | 115956 |
| purpose divided by the full-time equivalent number of children for | 115957 |
| whom reimbursement is to be made. | 115958 |
| (E) Funds provided to a school district, educational service | 115959 |
| center, or residential treatment facility under this section shall | 115960 |
| be used to supplement, not supplant, funds from other public | 115961 |
| sources for which the school district, service center, or | 115962 |
| residential treatment facility is entitled or eligible. | 115963 |
| (F) The Department of Education shall track the utilization | 115964 |
| of funds provided to school districts, educational service | 115965 |
| centers, and residential treatment facilities under this section | 115966 |
| and monitor the effect of the funding on the educational programs | 115967 |
| they provide in participating residential treatment facilities. | 115968 |
| The Department shall monitor the programs for educational | 115969 |
| accountability. | 115970 |
| Section 265.50.40. SCHOOL DISTRICT PARTICIPATION IN NATIONAL | 115971 |
| ASSESSMENT OF EDUCATION PROGRESS | 115972 |
| The General Assembly intends for the Superintendent of Public | 115973 |
| Instruction to provide for school district participation in the | 115974 |
| administration of the National Assessment of Education Progress in | 115975 |
| accordance with section 3301.27 of the Revised Code. Each school | 115976 |
| and school district selected for participation by the | 115977 |
| Superintendent of Public Instruction shall participate. | 115978 |
| Section 265.50.50. DEPARTMENT OF EDUCATION APPROPRIATION | 115979 |
| TRANSFERS FOR STUDENT ASSESSMENT | 115980 |
| In fiscal year 2010 and fiscal year 2011, if the | 115981 |
| Superintendent of Public Instruction determines that additional | 115982 |
| funds are needed to fully fund the requirements of Am. Sub. H.B. 3 | 115983 |
| of the 125th General Assembly and this act for assessments of | 115984 |
| student performance, the Superintendent of Public Instruction may | 115985 |
| recommend the reallocation of unexpended and unencumbered General | 115986 |
| Revenue Fund appropriations within the Department of Education to | 115987 |
| appropriation item 200437, Student Assessment, to the Director of | 115988 |
| Budget and Management. If the Director of Budget and Management | 115989 |
| determines that such a reallocation is required, the Director of | 115990 |
| Budget and Management may transfer unexpended and unencumbered | 115991 |
| appropriations within the Department of Education as necessary to | 115992 |
| appropriation item 200437, Student Assessment. If these | 115993 |
| transferred appropriations are not sufficient to fully fund the | 115994 |
| assessment requirements in fiscal year 2010 or fiscal year 2011, | 115995 |
| the Superintendent of Public Instruction may request that the | 115996 |
| Controlling Board transfer up to $9,000,000 cash from the Lottery | 115997 |
| Profits Education Reserve Fund (Fund 7018) to the General Revenue | 115998 |
| Fund. Upon approval of the Controlling Board, these transferred | 115999 |
| funds are hereby appropriated for the same purpose as | 116000 |
| appropriation item 200437, Student Assessment. | 116001 |
| Section 265.50.55. TRANSFER AND ADJUSTMENT OF ARRA STATE | 116002 |
| FISCAL STABILIZATION FUND APPROPRIATIONS | 116003 |
| The Director of Budget and Management may transfer | 116004 |
| appropriation between appropriation items 200550, Foundation | 116005 |
| Funding, and 200551, Foundation Funding – Federal Stimulus, in | 116006 |
| each fiscal year, upon the written request of the Superintendent | 116007 |
| of Public Instruction, including transferring appropriation | 116008 |
| between fiscal year 2010 and fiscal year 2011. The Director shall | 116009 |
| report each transfer made under this section to the Controlling | 116010 |
| Board at its next regularly scheduled meeting after the transfer | 116011 |
| is made. | 116012 |
| Section 265.50.60. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH | 116013 |
| STUDENTS | 116014 |
| (A) As used in this section: | 116015 |
| (1) "IEP" has the same meaning as in section 3323.01 of the | 116016 |
| Revised Code. | 116017 |
| (2) "SBH student" means a student receiving special education | 116018 |
| and related services for severe behavior disabilities pursuant to | 116019 |
| an IEP. | 116020 |
| (B) This section applies only to a community school | 116021 |
| established under Chapter 3314. of the Revised Code that in each | 116022 |
| of fiscal years 2010 and 2011 enrolls a number of SBH students | 116023 |
| equal to at least fifty per cent of the total number of students | 116024 |
| enrolled in the school in the applicable fiscal year. | 116025 |
| (C) In addition to any payments made under Chapter 3306. of | 116026 |
| the Revised Code, in each of fiscal years 2010 and 2011, the | 116027 |
| Department of Education shall pay to a community school to which | 116028 |
| this section applies a subsidy equal to the difference between the | 116029 |
| aggregate amount calculated and paid in fiscal year 2009 to the | 116030 |
| community school for special education and related services | 116031 |
| additional weighted costs for the SBH students enrolled in the | 116032 |
| school and the aggregate amount that would have been calculated | 116033 |
| for the school for special education and related services | 116034 |
| additional weighted costs for those same students in fiscal year | 116035 |
| 2001. If the difference is a negative number, the amount of the | 116036 |
| subsidy shall be zero. | 116037 |
| (D) The amount of any subsidy paid to a community school | 116038 |
| under this section shall not be deducted from the school district | 116039 |
| in which any of the students enrolled in the community school are | 116040 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 116041 |
| Revised Code. The amount of any subsidy paid to a community school | 116042 |
| under this section shall be paid from funds appropriated to the | 116043 |
| Department of Education in appropriation item 200550, Foundation | 116044 |
| Funding. | 116045 |
| Section 265.50.70. EARMARK ACCOUNTABILITY | 116046 |
| At the request of the Superintendent of Public Instruction, | 116047 |
| any entity that receives a budget earmark under the Department of | 116048 |
| Education shall submit annually to the chairpersons of the | 116049 |
| committees of the House of Representatives and the Senate | 116050 |
| primarily concerned with education and to the Department of | 116051 |
| Education a report that includes a description of the services | 116052 |
| supported by the funds, a description of the results achieved by | 116053 |
| those services, an analysis of the effectiveness of the program, | 116054 |
| and an opinion as to the program's applicability to other school | 116055 |
| districts. For an earmarked entity that received state funds from | 116056 |
| an earmark in the prior fiscal year, no funds shall be provided by | 116057 |
| the Department of Education to an earmarked entity for a fiscal | 116058 |
| year until its report for the prior fiscal year has been | 116059 |
| submitted. | 116060 |
| Section 265.50.80. PROHIBITION FROM OPERATING FROM HOME | 116061 |
| No community school established under Chapter 3314. of the | 116062 |
| Revised Code that was not open for operation as of May 1, 2005, | 116063 |
| shall operate from a home, as defined in section 3313.64 of the | 116064 |
| Revised Code. | 116065 |
| Section 265.50.90. EARLY COLLEGE START UP COMMUNITY SCHOOL | 116066 |
| (A) As used in this section: | 116067 |
| (1) "Big eight school district" has the same meaning as in | 116068 |
| section 3314.02 of the Revised Code. | 116069 |
| (2) "Early college high school" means a high school that | 116070 |
| provides students with a personalized learning plan based on an | 116071 |
| accelerated curriculum combining high school and college-level | 116072 |
| coursework. | 116073 |
| (B) Any early college high school that is operated by a big | 116074 |
| eight school district in partnership with a private university may | 116075 |
| operate as a new start-up community school under Chapter 3314. of | 116076 |
| the Revised Code beginning in the 2007-2008 school year, if all of | 116077 |
| the following conditions are met: | 116078 |
| (1) The governing authority and sponsor of the school enter | 116079 |
| into a contract in accordance with section 3314.03 of the Revised | 116080 |
| Code and, notwithstanding division (D) of section 3314.02 of the | 116081 |
| Revised Code, both parties adopt and sign the contract by July 9, | 116082 |
| 2007. | 116083 |
| (2) Notwithstanding division (A) of section 3314.016 of the | 116084 |
| Revised Code, the school's governing authority enters into a | 116085 |
| contract with the private university under which the university | 116086 |
| will be the school's operator. | 116087 |
| (3) The school provides the same educational program the | 116088 |
| school provided while part of the big eight school district. | 116089 |
| Section 265.60.10. PILOT PROGRAM FOR SCHOOL SITE VISITS | 116090 |
| Notwithstanding sections 3301.83 and 3314.39 of the Revised | 116091 |
| Code, the Department of Education shall provide a pilot program | 116092 |
| of site visits both for schools operated by school districts and | 116093 |
| for community schools instead of the site visits otherwise | 116094 |
| required under those sections. The pilot program shall contain all | 116095 |
| of the elements of section 3301.83 of the Revised Code for site | 116096 |
| visits of schools operated by school districts and all of the | 116097 |
| elements of section 3314.39 of the Revised Code for site visits of | 116098 |
| community schools. Not later than December 31, 2010, the | 116099 |
| Department shall report to the Governor and the General Assembly | 116100 |
| as to the progress of the site visits conducted under the pilot | 116101 |
| program as well as recommendations to provide for full | 116102 |
| implementation of sections 3301.83 and 3314.39 of the Revised | 116103 |
| Code. | 116104 |
| Section 265.60.20. TASK FORCE ON TEACHER COMPENSATION AND | 116105 |
| PERFORMANCE | 116106 |
| (A) There is hereby established the Task Force on Teacher | 116107 |
| Compensation and Performance. The membership of the Task Force | 116108 |
| shall consist of the Superintendent of Public Instruction, or the | 116109 |
| Superintendent's designee, who shall act as chair, and the | 116110 |
| following members appointed by the Governor: | 116111 |
| (1) Two persons employed as teachers in a school district; | 116112 |
| (2) Two persons who are retired educators; | 116113 |
| (3) Two persons employed as superintendents of a school | 116114 |
| district; | 116115 |
| (4) Two persons employed as treasurers of a school district; | 116116 |
| (5) Two persons employed as principals in a school district; | 116117 |
| (6) Two persons employed as faculty at a higher education | 116118 |
| institution; | 116119 |
| (7) Two persons representing Ohio philanthropic | 116120 |
| organizations; | 116121 |
| (8) One person representing the business community; | 116122 |
| (9) One person representing the general public. | 116123 |
| The members of the Task Force shall serve without | 116124 |
| compensation. | 116125 |
| (B) Initial appointments to the Task Force shall be completed | 116126 |
| within 90 days of the effective date of this section. The Governor | 116127 |
| shall convene the Task Force not more than 30 days after the final | 116128 |
| appointment has been made. | 116129 |
| (C) The Task Force shall examine the existing structures and | 116130 |
| systems that support compensation and retirement benefits and | 116131 |
| develop recommendations designed to improve the connections among | 116132 |
| compensation, teaching excellence, and higher levels of student | 116133 |
| learning. The Department of Education shall provide the Task Force | 116134 |
| with data and staff assistance as requested by the Task Force. | 116135 |
| (D) The Task Force shall provide its recommendations in a | 116136 |
| written report to the Governor, the General Assembly, the State | 116137 |
| Board of Education, the Superintendent of Public Instruction, and | 116138 |
| the Chancellor of the Board of Regents not later than December 1, | 116139 |
| 2010. Upon completion of its report, the Task Force shall cease to | 116140 |
| exist. | 116141 |
| Section 265.60.30. USE OF VOLUNTEERS | 116142 |
| The Department of Education may utilize the services of | 116143 |
| volunteers to accomplish any of the purposes of the Department. | 116144 |
| The Superintendent of Public Instruction shall approve for what | 116145 |
| purposes volunteers may be used and for these purposes may | 116146 |
| recruit, train, and oversee the services of volunteers. The | 116147 |
| Superintendent may reimburse volunteers for necessary and | 116148 |
| appropriate expenses in accordance with state guidelines and may | 116149 |
| designate volunteers as state employees for the purpose of motor | 116150 |
| vehicle accident liability insurance under section 9.83 of the | 116151 |
| Revised Code, for immunity under section 9.86 of the Revised Code, | 116152 |
| and for indemnification from liability incurred in the performance | 116153 |
| of their duties under section 9.87 of the Revised Code. | 116154 |
| Section 265.60.60. EDUCATOR STANDARDS BOARD | 116155 |
| (A) The State Board of Education shall appoint two teachers | 116156 |
| under division (A)(1)(a) of section 3319.60 of the Revised Code, | 116157 |
| as amended by this act, not later than sixty days after the | 116158 |
| effective date of this section. The term of office of the new | 116159 |
| secondary school teacher member shall expire July 1, 2011, and the | 116160 |
| term of office of the new elementary school teacher member shall | 116161 |
| expire July 1, 2012. Thereafter, the term of the additional | 116162 |
| secondary and elementary school teachers appointed to the Educator | 116163 |
| Standards Board shall be for two years. | 116164 |
| (B) The State Board of Education shall appoint a school | 116165 |
| district treasurer or business manager to the Educator Standards | 116166 |
| Board under division (A)(1)(c) of section 3319.60 of the Revised | 116167 |
| Code, as amended by this act, not later than sixty days after the | 116168 |
| effective date of this section. The term of office of that member | 116169 |
| shall expire July 1, 2012. Thereafter, the term of the school | 116170 |
| district treasurer or business manager appointed to the Educator | 116171 |
| Standards Board shall be for two years. | 116172 |
| (C) The State Board of Education shall appoint a parent to | 116173 |
| the Educator Standards Board under division (A)(1)(e) of section | 116174 |
| 3319.60 of the Revised Code, as amended by this act, not later | 116175 |
| than sixty days after the effective date of this section. The term | 116176 |
| of office of that member shall expire July 1, 2011. Thereafter, | 116177 |
| the term of the parent representative appointed to the Educator | 116178 |
| Standards Board shall be for two years. | 116179 |
| (D) The higher education representatives appointed by the | 116180 |
| State Board of Education to the Educator Standards Board prior to | 116181 |
| the effective date of this section under former division (A)(5) of | 116182 |
| section 3319.60 of the Revised Code shall serve for the remainder | 116183 |
| of their terms. The Chancellor of the Ohio Board of Regents shall | 116184 |
| appoint higher education representatives to the Educator | 116185 |
| Standards Board under division (A)(2) of section 3319.60 of the | 116186 |
| Revised Code, as amended by this act, as the terms of the higher | 116187 |
| education representatives appointed under former division (A)(5) | 116188 |
| of that section expire, each for a term of two years. The | 116189 |
| Chancellor also shall fill any vacancies that occur during the | 116190 |
| term of a higher education representative appointed under former | 116191 |
| division (A)(5) of that section. | 116192 |
| Section 265.60.70. RESTRICTION OF LIABILITY FOR CERTAIN | 116193 |
| REIMBURSEMENTS | 116194 |
| (A) Except as expressly required under a court judgment not | 116195 |
| subject to further appeals, or a settlement agreement with a | 116196 |
| school district executed on or before June 1, 2009, in the case of | 116197 |
| a school district for which the formula ADM for fiscal year | 116198 |
| 2005, as reported for that fiscal year under division (A) of | 116199 |
| section 3317.03 of the Revised Code, was reduced based on | 116200 |
| enrollment reports for community schools, made under section | 116201 |
| 3314.08 of the Revised Code, regarding students entitled to | 116202 |
| attend school in the district, which reduction of formula ADM | 116203 |
| resulted in a reduction of foundation funding or transitional aid | 116204 |
| funding for fiscal year 2005, 2006, or 2007, no school district, | 116205 |
| except a district named in the court's judgment or the settlement | 116206 |
| agreement, shall have a legal claim for reimbursement of the | 116207 |
| amount of such reduction in foundation funding or transitional | 116208 |
| aid funding, and the state shall not have liability for | 116209 |
| reimbursement of the amount of such reduction in foundation | 116210 |
| funding or transitional aid funding. | 116211 |
| (B) As used in this section: | 116212 |
| (1) "Community school" means a community school established | 116213 |
| under Chapter 3314. of the Revised Code. | 116214 |
| (2) "Entitled to attend school" means entitled to attend | 116215 |
| school in a school district under section 3313.64 or 3313.65 of | 116216 |
| the Revised Code. | 116217 |
| (3) "Foundation funding" means payments calculated for the | 116218 |
| respective fiscal year under Chapter 3317. of the Revised Code. | 116219 |
| (4) "Transitional aid funding" means payments calculated for | 116220 |
| the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95 | 116221 |
| of the 125th General Assembly, as subsequently amended; Section | 116222 |
| 206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as | 116223 |
| subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119 | 116224 |
| of the 127th General Assembly. | 116225 |
| Section 265.60.80. COMMITTEE TO UPDATE STANDARDS AND | 116226 |
| CURRICULA | 116227 |
| Not later than July 15, 2009, the State Board of Education | 116228 |
| shall convene a committee of national experts, state experts, and | 116229 |
| local practitioners to provide advice and guidance in the design | 116230 |
| of the updated standards and curricula required by section | 116231 |
| 3301.079 of the Revised Code, as amended by this act. | 116232 |
| Section 265.70.10. CENTER FOR EARLY CHILDHOOD DEVELOPMENT | 116233 |
| (A) The Superintendent of Public Instruction, in | 116234 |
| consultation with the Governor, shall create the Center for Early | 116235 |
| Childhood Development in the Department of Education comprised of | 116236 |
| staff from the Department of Education, the Department of Job | 116237 |
| and Family Services, the Department of Health, and any other | 116238 |
| state agency as determined necessary by the Superintendent. The | 116239 |
| Superintendent also shall hire a Director of the Center who shall | 116240 |
| report to the Superintendent and the Governor. The Center, under | 116241 |
| the supervision of the Director, shall research and make | 116242 |
| recommendations about the coordination of early childhood | 116243 |
| programs and services for children, beginning with prenatal care | 116244 |
| and continuing until entry into kindergarten, and the eventual | 116245 |
| transfer of the authority to implement those programs and services | 116246 |
| from other state agencies to the Department of Education. | 116247 |
| (B) The Director of the Early Childhood Cabinet, in | 116248 |
| partnership with staff from the Department of Education and | 116249 |
| advised by the Early Childhood Advisory Council, shall submit an | 116250 |
| implementation plan to the Superintendent and the Governor not | 116251 |
| later than December 31, 2009. The implementation plan shall | 116252 |
| include research and recommendations regarding all of the | 116253 |
| following: | 116254 |
| (1) The identification of programs, services, and funding | 116255 |
| sources to be transferred from other state agencies to the | 116256 |
| Department of Education; | 116257 |
| (2) A new administrative structure within the Department of | 116258 |
| Education for the purpose of implementing early childhood | 116259 |
| programs and services; | 116260 |
| (3) Statutory changes necessary to implement the new | 116261 |
| administrative structure within the Department of Education; | 116262 |
| (4) A timeline for the transition from the current | 116263 |
| administrative structure within other state agencies to the new | 116264 |
| administrative structure within the Department of Education. | 116265 |
| (C) The Director of Budget and Management may seek | 116266 |
| Controlling Board approval to do any of the following to support | 116267 |
| the preparation of an implementation plan to create a new | 116268 |
| administrative structure for early childhood programs and | 116269 |
| services within the Department of Education: | 116270 |
| (1) Create new funds and non-GRF appropriation items; | 116271 |
| (2) Transfer cash between funds; | 116272 |
| (3) Transfer appropriation within the same fund used by the | 116273 |
| same state agency. | 116274 |
| Any transfers of cash approved by the Controlling Board under | 116275 |
| this section are hereby appropriated. | 116276 |
| Section 265.70.20. EARLY CHILDHOOD FINANCING WORKGROUP | 116277 |
| The Early Childhood Advisory Council shall establish an Early | 116278 |
| Childhood Financing Workgroup. The chairperson of the Early | 116279 |
| Childhood Advisory Council shall serve as chairperson of the Early | 116280 |
| Childhood Financing Workgroup. The Early Childhood Financing | 116281 |
| Workgroup shall develop recommendations that explore the | 116282 |
| implementation of a single financing system for early care and | 116283 |
| education programs that includes aligned payment mechanisms and | 116284 |
| consistent eligibility and co-payment policies. Not later than | 116285 |
| December 31, 2009, the Early Childhood Financing Workgroup shall | 116286 |
| submit its recommendations to the Governor. Upon the order of the | 116287 |
| Early Childhood Advisory Council, the Early Childhood Financing | 116288 |
| Workgroup shall cease to exist. | 116289 |
| Section 265.70.30. STUDY OF SCHOOL TIME ALLOCATION | 116290 |
| The Department of Education shall study best practices for | 116291 |
| allocating school hours, in terms of classroom instruction, | 116292 |
| competency-based evaluation, planning time, and professional | 116293 |
| development, within the learning year. As part of the study, the | 116294 |
| Department shall consult with teachers, school district | 116295 |
| superintendents, members of school district boards of education, | 116296 |
| and associations for gifted students. Not later than one year | 116297 |
| after the effective date of this section, the Department shall | 116298 |
| submit to the General Assembly, in accordance with section 101.68 | 116299 |
| of the Revised Code, and the Governor a report of its findings and | 116300 |
| recommendations for allocation of hours for optimal learning in an | 116301 |
| extended learning year. | 116302 |
| Section 265.70.40. MORATORIUM ON LOCAL SCHOOL DISTRICT | 116303 |
| RELOCATIONS TO DIFFERENT EDUCATIONAL SERVICE CENTERS | 116304 |
| Notwithstanding section 3311.059 of the Revised Code, no | 116305 |
| severance of the territory of a local school district from the | 116306 |
| educational service center to which it currently belongs and | 116307 |
| annexation of that district's territory to an adjacent educational | 116308 |
| service center, as otherwise authorized under that section, shall | 116309 |
| be effective for the period beginning on the effective date of | 116310 |
| this section and ending July 1, 2011. All resolutions proposing | 116311 |
| such severance and annexation approved by the State Board of | 116312 |
| Education but not effective prior to July 1, 2009, are hereby | 116313 |
| void. All resolutions proposing such severance and annexation | 116314 |
| pending on the effective date of this section are hereby void and | 116315 |
| shall not be considered by the State Board. If the board of | 116316 |
| education of a local school district with such a severance and | 116317 |
| annexation action pending or approved on the effective date of | 116318 |
| this section that is void under this section desires to have the | 116319 |
| action considered after July 1, 2011, the board shall adopt after | 116320 |
| that date a new resolution in the manner prescribed by section | 116321 |
| 3311.059 of the Revised Code. No local school district shall adopt | 116322 |
| a severance and annexation resolution under that section during | 116323 |
| the period beginning on the effective date of this section and | 116324 |
| ending July 1, 2011. | 116325 |
| Section 265.70.50. (A) Not later than December 31, 2010, the | 116326 |
| Department of Education, in consultation with the Educator | 116327 |
| Standards Board, shall develop a model peer assistance and | 116328 |
| review program and shall develop recommendations to expand the | 116329 |
| use of peer assistance and review programs in school districts | 116330 |
| throughout the state. | 116331 |
| (B) In developing the model program required under this | 116332 |
| section, the Department shall review existing peer assistance and | 116333 |
| review programs in Ohio school districts and shall consult with | 116334 |
| the districts about the operation of those programs. The model | 116335 |
| program shall include the following elements: | 116336 |
| (1) Releasing experienced classroom teachers from | 116337 |
| instructional duties for up to three years to focus full-time on | 116338 |
| mentoring and evaluating new teachers and underperforming veteran | 116339 |
| teachers through classroom observations and follow-up meetings; | 116340 |
| (2) Professional development for new and underperforming | 116341 |
| teachers that is targeted at their instructional weaknesses; | 116342 |
| (3) A committee comprised of representatives of teachers and | 116343 |
| the employer to review teacher evaluations and make | 116344 |
| recommendations regarding the teachers' continued employment. | 116345 |
| (C) The recommendations required under this section shall | 116346 |
| include the following: | 116347 |
| (1) Identification of barriers to expansion of peer | 116348 |
| assistance and review programs, including financial constraints, | 116349 |
| labor-management relationships, and barriers unique to small | 116350 |
| school districts; | 116351 |
| (2) Legislative changes that would eliminate barriers to | 116352 |
| expansion of the programs; | 116353 |
| (3) Incentives to increase participation in the programs. | 116354 |
| (D) The Department shall provide copies of its model program | 116355 |
| and recommendations to the Governor, the President and Minority | 116356 |
| Leader of the Senate, the Speaker and Minority Leader of the | 116357 |
| House of Representatives, and the chairpersons and ranking | 116358 |
| minority members of the standing committees on education. The | 116359 |
| Department also shall make the model program and recommendations | 116360 |
| available to school districts and shall post them on its web | 116361 |
| site. | 116362 |
| Section 265.70.60. FAMILY CHILD CARE LICENSING WORKGROUP | 116363 |
| The Early Childhood Advisory Council shall establish a Family | 116364 |
| Child Care Licensing Workgroup. The Workgroup shall develop | 116365 |
| recommendations that explore the implementation, costs, and | 116366 |
| timeline necessary for the creation of a statewide licensing | 116367 |
| system for family child care providers. Not later than December | 116368 |
| 31, 2009, the Workgroup shall submit its recommendations to the | 116369 |
| Governor and the General Assembly. Upon the order of the Early | 116370 |
| Childhood Advisory Council, the Workgroup shall cease to exist. | 116371 |
| Section 265.70.70. As used in this section, "all-day | 116372 |
| kindergarten" has the same meaning as in section 3321.05 of the | 116373 |
| Revised Code. | 116374 |
| Any school district or community school established under | 116375 |
| Chapter 3314. of the Revised Code that, in fiscal year 2009, | 116376 |
| offered all-day kindergarten and charged fees or tuition for | 116377 |
| students enrolled in all-day kindergarten in accordance with | 116378 |
| section 3321.01 of the Revised Code, as it existed prior to the | 116379 |
| effective date of this section, may charge fees or tuition for | 116380 |
| students enrolled in all-day kindergarten in fiscal years 2010 and | 116381 |
| 2011, at a rate not higher than the per-student amount charged in | 116382 |
| fiscal year 2009 as specified in the sliding fee scale based on | 116383 |
| family incomes developed by the district or community school for | 116384 |
| that fiscal year. No district or community school shall charge | 116385 |
| fees or tuition for students enrolled in all-day kindergarten | 116386 |
| after fiscal year 2011. | 116387 |
| Section 265.70.80. Notwithstanding section 3306.31 of the | 116388 |
| Revised Code, in fiscal year 2010, the Governor's Closing the | 116389 |
| Achievement Gap Initiative shall work with those districts that | 116390 |
| have a three-year overall average graduation rate of 80 per cent | 116391 |
| or less to assist them in planning for the implementation of the | 116392 |
| program in fiscal year 2011. Districts that are currently | 116393 |
| participating in the program and that continue to have a | 116394 |
| three-year overall graduation rate of 80 per cent or less are | 116395 |
| encouraged to maintain existing programs during this planning | 116396 |
| period. | 116397 |
| Section 267.10. ELC OHIO ELECTIONS COMMISSION | 116398 |
| General Revenue Fund | 116399 |
| GRF | 051321 | Operating Expenses | $ | 381,578 | $ | 381,578 | 116400 | ||||
| TOTAL GRF General Revenue Fund | $ | 381,578 | $ | 381,578 | 116401 | ||||||
| General Services Fund Group | 116402 |
| 4P20 | 051601 | Ohio Elections Commission Fund | $ | 250,000 | $ | 255,000 | 116403 | ||||
| TOTAL GSF General Services Fund Group | $ | 250,000 | $ | 255,000 | 116404 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 631,578 | $ | 636,578 | 116405 | ||||||
| Section 269.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 116407 |
| DIRECTORS | 116408 |
| General Services Fund Group | 116409 |
| 4K90 | 881609 | Operating Expenses | $ | 646,414 | $ | 646,562 | 116410 | ||||
| TOTAL GSF General Services | 116411 | ||||||||||
| Fund Group | $ | 646,414 | $ | 646,562 | 116412 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 646,414 | $ | 646,562 | 116413 | ||||||
| Section 271.10. PAY EMPLOYEE BENEFITS FUNDS | 116415 |
| Accrued Leave Liability Fund Group | 116416 |
| 8060 | 995666 | Accrued Leave Fund | $ | 65,200,000 | $ | 67,200,000 | 116417 | ||||
| 8070 | 995667 | Disability Fund | $ | 27,400,000 | $ | 28,100,000 | 116418 | ||||
| TOTAL ALF Accrued Leave Liability | 116419 | ||||||||||
| Fund Group | $ | 92,600,000 | $ | 95,300,000 | 116420 | ||||||
| Agency Fund Group | 116421 |
| 1240 | 995673 | Payroll Deductions | $ | 881,573,000 | $ | 943,283,110 | 116422 | ||||
| 8080 | 995668 | State Employee Health Benefit Fund | $ | 551,795,580 | $ | 600,263,430 | 116423 | ||||
| 8090 | 995669 | Dependent Care Spending Account | $ | 2,969,635 | $ | 2,969,635 | 116424 | ||||
| 8100 | 995670 | Life Insurance Investment Fund | $ | 2,229,834 | $ | 2,229,834 | 116425 | ||||
| 8110 | 995671 | Parental Leave Benefit Fund | $ | 3,900,000 | $ | 4,000,000 | 116426 | ||||
| 8130 | 995672 | Health Care Spending Account | $ | 8,977,689 | $ | 12,000,000 | 116427 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,451,445,738 | $ | 1,564,746,009 | 116428 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,544,045,738 | $ | 1,660,046,009 | 116429 |
| ACCRUED LEAVE LIABILITY FUND | 116430 |
| The foregoing appropriation item 995666, Accrued Leave Fund, | 116431 |
| shall be used to make payments from the Accrued Leave Liability | 116432 |
| Fund (Fund 8060) pursuant to section 125.211 of the Revised Code. | 116433 |
| If it is determined by the Director of Budget and Management that | 116434 |
| additional amounts are necessary, the amounts are hereby | 116435 |
| appropriated. | 116436 |
| STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND | 116437 |
| The foregoing appropriation item 995667, Disability Fund, | 116438 |
| shall be used to make payments from the State Employee Disability | 116439 |
| Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the | 116440 |
| Revised Code. If it is determined by the Director of Budget and | 116441 |
| Management that additional amounts are necessary, the amounts are | 116442 |
| hereby appropriated. | 116443 |
| PAYROLL WITHHOLDING FUND | 116444 |
| The foregoing appropriation item 995673, Payroll Deductions, | 116445 |
| shall be used to make payments from the Payroll Withholding Fund | 116446 |
| (Fund 1240). If it is determined by the Director of Budget and | 116447 |
| Management that additional appropriation amounts are necessary, | 116448 |
| the amounts are hereby appropriated. | 116449 |
| STATE EMPLOYEE HEALTH BENEFIT FUND | 116450 |
| The foregoing appropriation item 995668, State Employee | 116451 |
| Health Benefit Fund, shall be used to make payments from the State | 116452 |
| Employee Health Benefit Fund (Fund 8080) pursuant to section | 116453 |
| 124.87 of the Revised Code. If it is determined by the Director of | 116454 |
| Budget and Management that additional amounts are necessary, the | 116455 |
| amounts are hereby appropriated. | 116456 |
| On June 30, 2010, or as soon as possible thereafter, the | 116457 |
| Director of Budget and Management shall transfer $1,620,000 cash | 116458 |
| from the General Revenue Fund to the State Employee Health Benefit | 116459 |
| Fund (Fund 8080). | 116460 |
| DEPENDENT CARE SPENDING FUND | 116461 |
| The foregoing appropriation item 995669, Dependent Care | 116462 |
| Spending Account, shall be used to make payments from the | 116463 |
| Dependent Care Spending Fund (Fund 8090) to employees eligible for | 116464 |
| dependent care expenses. If it is determined by the Director of | 116465 |
| Budget and Management that additional amounts are necessary, the | 116466 |
| amounts are hereby appropriated. | 116467 |
| LIFE INSURANCE INVESTMENT FUND | 116468 |
| The foregoing appropriation item 995670, Life Insurance | 116469 |
| Investment Fund, shall be used to make payments from the Life | 116470 |
| Insurance Investment Fund (Fund 8100) for the costs and expenses | 116471 |
| of the state's life insurance benefit program pursuant to section | 116472 |
| 125.212 of the Revised Code. If it is determined by the Director | 116473 |
| of Budget and Management that additional amounts are necessary, | 116474 |
| the amounts are hereby appropriated. | 116475 |
| PARENTAL LEAVE BENEFIT FUND | 116476 |
| The foregoing appropriation item 995671, Parental Leave | 116477 |
| Benefit Fund, shall be used to make payments from the Parental | 116478 |
| Leave Benefit Fund (Fund 8110) to employees eligible for parental | 116479 |
| leave benefits pursuant to section 124.137 of the Revised Code. If | 116480 |
| it is determined by the Director of Budget and Management that | 116481 |
| additional amounts are necessary, the amounts are hereby | 116482 |
| appropriated. | 116483 |
| HEALTH CARE SPENDING ACCOUNT FUND | 116484 |
| The foregoing appropriation item 995672, Health Care | 116485 |
| Spending Account, shall be used to make payments from the Health | 116486 |
| Care Spending Account Fund (Fund 8130) for payments pursuant to | 116487 |
| state employees' participation in a flexible spending account | 116488 |
| for non-reimbursed health care expenses and section 124.821 of | 116489 |
| the Revised Code. If it is determined by the Director of | 116490 |
| Administrative Services that additional appropriation amounts are | 116491 |
| necessary, the Director of Administrative Services may request | 116492 |
| that the Director of Budget and Management increase such amounts. | 116493 |
| Such amounts are hereby appropriated. | 116494 |
| At the request of the Director of Administrative Services, | 116495 |
| the Director of Budget and Management may transfer up to $145,000 | 116496 |
| from the General Revenue Fund to the Health Care Spending Account | 116497 |
| Fund during fiscal years 2010 and 2011. This cash shall be | 116498 |
| transferred as needed to provide adequate cash flow for the Health | 116499 |
| Care Spending Account Fund during fiscal year 2010 and fiscal year | 116500 |
| 2011. If funds are available at the end of fiscal years 2010 and | 116501 |
| 2011, the Director of Budget and Management shall transfer cash up | 116502 |
| to the amount previously transferred in the respective year, plus | 116503 |
| interest income, from the Health Care Spending Account (Fund | 116504 |
| 8130) to the General Revenue Fund. | 116505 |
| Section 273.10. ERB STATE EMPLOYMENT RELATIONS BOARD | 116506 |
| General Revenue Fund | 116507 |
| GRF | 125321 | Operating Expenses | $ | 4,090,876 | $ | 4,090,876 | 116508 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,090,876 | $ | 4,090,876 | 116509 | ||||||
| General Services Fund Group | 116510 |
| 5720 | 125603 | Training and Publications | $ | 105,000 | $ | 105,000 | 116511 | ||||
| TOTAL GSF General Services | 116512 | ||||||||||
| Fund Group | $ | 105,000 | $ | 105,000 | 116513 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,195,876 | $ | 4,195,876 | 116514 | ||||||
| Section 273.20. CONSOLIDATION OF SERVICES WITH STATE | 116516 |
| EMPLOYMENT RELATIONS BOARD | 116517 |
| (A) Beginning on July 1, 2009, the Chairperson of the State | 116518 |
| Employment Relations Board is the appointing authority for all | 116519 |
| employees of the State Personnel Board of Review and the State | 116520 |
| Employment Relations Board. After conferring with the Chairperson | 116521 |
| of the State Personnel Board of Review, the Chairperson of the | 116522 |
| State Employment Relations Board shall identify the employees, | 116523 |
| equipment, assets, and records of the State Personnel Board of | 116524 |
| Review to be transferred to the State Employment Relations Board. | 116525 |
| The State Employment Relations Board and the State Personnel Board | 116526 |
| of Review shall enter into an interagency agreement to transfer to | 116527 |
| the State Employment Relations Board employees, equipment, | 116528 |
| assets, and records of the State Personnel Board of Review by July | 116529 |
| 1, 2009, or as soon as possible thereafter. The agreement may | 116530 |
| include provisions to transfer property and any other provisions | 116531 |
| necessary for the continued administration of program activities. | 116532 |
| The employees of the State Personnel Board of Review that the | 116533 |
| Chairperson of the State Employment Relations Board identifies for | 116534 |
| transfer, and any equipment assigned to those employees, are | 116535 |
| hereby transferred to the State Employment Relations Board. Any | 116536 |
| employees of the State Personnel Board of Review so transferred | 116537 |
| shall retain the rights specified in sections 124.321 to 124.328 | 116538 |
| of the Revised Code, and any employee transferred to the State | 116539 |
| Employment Relations Board retains the employee's respective | 116540 |
| classification, but the Chairperson of the State Employment | 116541 |
| Relations Board may reassign and reclassify the employee's | 116542 |
| position and compensation as the Chairperson determines to be in | 116543 |
| the interest of efficient office administration. Pursuant to | 116544 |
| division (B)(2)(b) of section 4117.02 of the Revised Code, as | 116545 |
| amended by this act, to the extent determined necessary by the | 116546 |
| Chairperson of the State Employment Relations Board, the State | 116547 |
| Personnel Board of Review shall utilize employees of the State | 116548 |
| Employment Relations Board in the exercise of the powers and the | 116549 |
| performance of the duties of the State Personnel Board of Review. | 116550 |
| (B) Effective July 1, 2009, and pursuant to section 124.03 of | 116551 |
| the Revised Code, the State Personnel Board of Review shall | 116552 |
| exercise its duties and exist as a separate entity within the | 116553 |
| State Employment Relations Board. The costs of the State | 116554 |
| Personnel Board of Review shall be supported by the foregoing | 116555 |
| appropriation item 125321, Operating Expenses. | 116556 |
| On July 1, 2009, or as soon as possible thereafter, the | 116557 |
| Director of Budget and Management shall transfer the cash balance | 116558 |
| of the Transcript and Other Documents Fund (Fund 6360) used by the | 116559 |
| State Personnel Board of Review to the Training, Publications, | 116560 |
| and Grants Fund (Fund 5720) used by the State Employment | 116561 |
| Relations Board. Upon completion of the transfer, Fund 6360 is | 116562 |
| abolished. The Director shall cancel any existing encumbrances | 116563 |
| against appropriation item 124601, Records and Reporting Support, | 116564 |
| and re-establish them against appropriation item 125603, Training | 116565 |
| and Publications. The re-established encumbrance amounts are | 116566 |
| hereby appropriated. | 116567 |
| Any business commenced but not completed under Fund 6360 by | 116568 |
| July 1, 2009, shall be completed under Fund 5720 in the same | 116569 |
| manner, and with the same effect, as if completed with regard to | 116570 |
| Fund 6360. No validation, cure, right, privilege, remedy, | 116571 |
| obligation, or liability is lost or impaired by reason of the | 116572 |
| transfer and shall be administered with regard to Fund 5720. | 116573 |
| On and after July 1, 2009, where the Transcript and Other | 116574 |
| Documents Fund is referred to in any statute, rule, contract, | 116575 |
| grant, or other document, the reference is hereby deemed to refer | 116576 |
| to the Training, Publications, and Grants Fund. | 116577 |
| Section 275.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS | 116578 |
| General Services Fund Group | 116579 |
| 4K90 | 892609 | Operating Expenses | $ | 1,058,881 | $ | 1,058,881 | 116580 | ||||
| TOTAL GSF General Services | 116581 | ||||||||||
| Fund Group | $ | 1,058,881 | $ | 1,058,881 | 116582 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,881 | $ | 1,058,881 | 116583 | ||||||
| Section 277.10. EPA ENVIRONMENTAL PROTECTION AGENCY | 116585 |
| General Services Fund Group | 116586 |
| 1990 | 715602 | Laboratory Services | $ | 935,907 | $ | 983,929 | 116587 | ||||
| 2190 | 715604 | Central Support Indirect | $ | 16,625,314 | $ | 17,282,762 | 116588 | ||||
| 4A10 | 715640 | Operating Expenses | $ | 3,731,000 | $ | 3,731,000 | 116589 | ||||
| TOTAL GSF General Services | 116590 | ||||||||||
| Fund Group | $ | 21,292,221 | $ | 21,997,691 | 116591 | ||||||
| Federal Special Revenue Fund Group | 116592 |
| 3530 | 715612 | Public Water Supply | $ | 2,933,812 | $ | 2,941,282 | 116593 | ||||
| 3540 | 715614 | Hazardous Waste Management - Federal | $ | 4,193,000 | $ | 4,193,000 | 116594 | ||||
| 3570 | 715619 | Air Pollution Control - Federal | $ | 6,282,777 | $ | 6,310,203 | 116595 | ||||
| 3620 | 715605 | Underground Injection Control - Federal | $ | 111,874 | $ | 111,874 | 116596 | ||||
| 3BU0 | 715684 | Water Quality Protection | $ | 7,435,000 | $ | 6,489,000 | 116597 | ||||
| 3C50 | 715688 | Federal NRD Settlements | $ | 100,000 | $ | 100,000 | 116598 | ||||
| 3F20 | 715630 | Revolving Loan Fund - Operating | $ | 1,129,696 | $ | 907,543 | 116599 | ||||
| 3F30 | 715632 | Federally Supported Cleanup and Response | $ | 2,159,486 | $ | 2,159,551 | 116600 | ||||
| 3F50 | 715641 | Nonpoint Source Pollution Management | $ | 6,880,000 | $ | 6,095,000 | 116601 | ||||
| 3K40 | 715634 | DOD Monitoring and Oversight | $ | 729,130 | $ | 732,280 | 116602 | ||||
| 3N40 | 715657 | DOE Monitoring and Oversight | $ | 878,578 | $ | 884,050 | 116603 | ||||
| 3T30 | 715669 | Drinking Water State Revolving Fund | $ | 2,238,848 | $ | 2,273,323 | 116604 | ||||
| 3V70 | 715606 | Agencywide Grants | $ | 500,000 | $ | 500,000 | 116605 | ||||
| TOTAL FED Federal Special Revenue | 116606 | ||||||||||
| Fund Group | $ | 35,572,201 | $ | 33,697,106 | 116607 | ||||||
| State Special Revenue Fund Group | 116608 |
| 4J00 | 715638 | Underground Injection Control | $ | 448,579 | $ | 456,714 | 116609 | ||||
| 4K20 | 715648 | Clean Air - Non Title V | $ | 3,456,261 | $ | 3,587,176 | 116610 | ||||
| 4K30 | 715649 | Solid Waste | $ | 15,819,897 | $ | 16,317,606 | 116611 | ||||
| 4K40 | 715650 | Surface Water Protection | $ | 7,965,000 | $ | 8,915,000 | 116612 | ||||
| 4K40 | 715686 | Environmental Lab Service | $ | 2,132,000 | $ | 2,132,000 | 116613 | ||||
| 4K50 | 715651 | Drinking Water Protection | $ | 7,487,198 | $ | 7,699,007 | 116614 | ||||
| 4P50 | 715654 | Cozart Landfill | $ | 100,000 | $ | 100,000 | 116615 | ||||
| 4R50 | 715656 | Scrap Tire Management | $ | 5,125,000 | $ | 5,125,000 | 116616 | ||||
| 4R90 | 715658 | Voluntary Action Program | $ | 1,032,098 | $ | 1,032,098 | 116617 | ||||
| 4T30 | 715659 | Clean Air - Title V Permit Program | $ | 17,673,097 | $ | 18,073,104 | 116618 | ||||
| 4U70 | 715660 | Construction and Demolition Debris | $ | 888,970 | $ | 885,554 | 116619 | ||||
| 5000 | 715608 | Immediate Removal Special Account | $ | 643,903 | $ | 643,903 | 116620 | ||||
| 5030 | 715621 | Hazardous Waste Facility Management | $ | 11,215,448 | $ | 11,318,132 | 116621 | ||||
| 5050 | 715623 | Hazardous Waste Cleanup | $ | 13,927,338 | $ | 14,139,930 | 116622 | ||||
| 5050 | 715674 | Clean Ohio Environmental Review | $ | 109,725 | $ | 109,725 | 116623 | ||||
| 5410 | 715670 | Site Specific Cleanup | $ | 34,650 | $ | 34,650 | 116624 | ||||
| 5420 | 715671 | Risk Management Reporting | $ | 146,188 | $ | 146,188 | 116625 | ||||
| 5920 | 715627 | Anti Tampering Settlement | $ | 6,707 | $ | 6,707 | 116626 | ||||
| 5BC0 | 715617 | Clean Ohio | $ | 741,000 | $ | 741,000 | 116627 | ||||
| 5BC0 | 715622 | Local Air Pollution Control | $ | 1,827,000 | $ | 2,035,000 | 116628 | ||||
| 5BC0 | 715624 | Surface Water | $ | 13,034,000 | $ | 13,198,000 | 116629 | ||||
| 5BC0 | 715667 | Groundwater | $ | 1,594,000 | $ | 1,594,000 | 116630 | ||||
| 5BC0 | 715672 | Air Pollution Control | $ | 7,269,000 | $ | 7,607,000 | 116631 | ||||
| 5BC0 | 715673 | Drinking Water | $ | 3,838,000 | $ | 3,838,000 | 116632 | ||||
| 5BC0 | 715675 | Hazardous Waste | $ | 116,000 | $ | 116,000 | 116633 | ||||
| 5BC0 | 715676 | Assistance and Prevention | $ | 775,000 | $ | 775,000 | 116634 | ||||
| 5BC0 | 715677 | Laboratory | $ | 1,454,000 | $ | 1,454,000 | 116635 | ||||
| 5BC0 | 715678 | Corrective Actions | $ | 1,180,000 | $ | 1,180,000 | 116636 | ||||
| 5BC0 | 715687 | Areawide Planning Agencies | $ | 450,000 | $ | 450,000 | 116637 | ||||
| 5BC0 | 715690 | Environmental Review Appeals | $ | 637,000 | $ | 637,000 | 116638 | ||||
| 5BT0 | 715679 | C&DD Groundwater Monitoring | $ | 200,000 | $ | 203,800 | 116639 | ||||
| 5BY0 | 715681 | Auto Emissions Test | $ | 14,385,892 | $ | 14,803,470 | 116640 | ||||
| 5CD0 | 715682 | Clean Diesel School Buses | $ | 600,000 | $ | 600,000 | 116641 | ||||
| 5H40 | 715664 | Groundwater Support | $ | 1,872,193 | $ | 1,884,247 | 116642 | ||||
| 5N20 | 715613 | Dredge and Fill | $ | 45,000 | $ | 45,000 | 116643 | ||||
| 5Y30 | 715685 | Surface Water Improvement | $ | 2,000,000 | $ | 500,000 | 116644 | ||||
| 6440 | 715631 | ER Radiological Safety | $ | 286,114 | $ | 286,114 | 116645 | ||||
| 6600 | 715629 | Infectious Waste Management | $ | 100,000 | $ | 100,000 | 116646 | ||||
| 6760 | 715642 | Water Pollution Control Loan Administration | $ | 4,610,529 | $ | 4,832,682 | 116647 | ||||
| 6780 | 715635 | Air Toxic Release | $ | 174,600 | $ | 179,746 | 116648 | ||||
| 6790 | 715636 | Emergency Planning | $ | 2,623,395 | $ | 2,628,647 | 116649 | ||||
| 6960 | 715643 | Air Pollution Control Administration | $ | 750,000 | $ | 750,000 | 116650 | ||||
| 6990 | 715644 | Water Pollution Control Administration | $ | 750,000 | $ | 750,000 | 116651 | ||||
| 6A10 | 715645 | Environmental Education | $ | 1,500,000 | $ | 1,500,000 | 116652 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 151,024,782 | $ | 153,411,200 | 116653 | ||||||
| Clean Ohio Conservation Fund Group | 116654 |
| 5S10 | 715607 | Clean Ohio - Operating | $ | 291,174 | $ | 291,174 | 116655 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 291,174 | $ | 291,174 | 116656 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 208,180,378 | $ | 209,397,171 | 116657 | ||||||
| AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT | 116658 |
| On July 1 of each fiscal year, or as soon as possible | 116659 |
| thereafter, the Director of Budget and Management shall transfer | 116660 |
| $14,385,892 in fiscal year 2010, and $14,803,470 in fiscal year | 116661 |
| 2011 in cash from the General Revenue Fund to the Auto Emissions | 116662 |
| Test Fund (Fund 5BY0) for the operation and oversight of the auto | 116663 |
| emissions testing program. | 116664 |
| Effective September 30, 2009, or as soon as possible | 116665 |
| thereafter, the Director of Budget and Management shall transfer | 116666 |
| the cash balance in the Motor Vehicle Inspection and Maintenance | 116667 |
| Fund (Fund 6020) to Fund 5BY0. Fund 6020 is abolished in division | 116668 |
| (D) of section 3704.14 of the Revised Code as amended by this act. | 116669 |
| AREAWIDE PLANNING AGENCIES | 116670 |
| The Director of Environmental Protection Agency shall award | 116671 |
| grants from appropriation item 715687, Areawide Planning Agencies, | 116672 |
| to areawide planning agencies engaged in areawide water quality | 116673 |
| management and planning activities in accordance with Section 208 | 116674 |
| of the "Federal Clean Water Act," 33 U.S.C. 1288. | 116675 |
| ENVIRONMENTAL REVIEW AND APPEALS | 116676 |
| The foregoing appropriation item 715690, Environmental Review | 116677 |
| Appeals, shall be used to support the Environmental Review Appeals | 116678 |
| Commission, including the hiring of two staff attorneys. | 116679 |
| CORRECTIVE CASH TRANSFER FOR COPPERWELD BANKRUPTCY SETTLEMENT | 116680 |
| On July 1, 2009, or as soon as possible thereafter, the | 116681 |
| Director of Budget and Management shall transfer $1,323,933.19 in | 116682 |
| cash, which the Agency received from the Copperweld bankruptcy | 116683 |
| settlement, that was mistakenly deposited in the Hazardous Waste | 116684 |
| Cleanup Fund (Fund 5050) to the Environmental Protection | 116685 |
| Remediation Fund (Fund 5410). | 116686 |
| Section 281.10. ETC ETECH OHIO | 116687 |
| General Revenue Fund | 116688 |
| GRF | 935401 | Statehouse News Bureau | $ | 219,960 | $ | 219,960 | 116689 | ||||
| GRF | 935402 | Ohio Government Telecommunications Services | $ | 716,417 | $ | 716,417 | 116690 | ||||
| GRF | 935408 | General Operations | $ | 2,150,917 | $ | 2,164,444 | 116691 | ||||
| GRF | 935409 | Technology Operations | $ | 6,494,504 | $ | 6,502,446 | 116692 | ||||
| GRF | 935410 | Content Development, Acquisition, and Distribution | $ | 4,137,306 | $ | 4,138,244 | 116693 | ||||
| GRF | 935411 | Technology Integration and Professional Development | $ | 7,063,226 | $ | 7,077,487 | 116694 | ||||
| GRF | 935412 | Information Technology | $ | 1,387,062 | $ | 1,350,394 | 116695 | ||||
| GRF | 935427 | Distance Learning Pilot Project | $ | 2,000,000 | $ | 0 | 116696 | ||||
| TOTAL GRF General Revenue Fund | $ | 24,169,392 | $ | 22,169,392 | 116697 | ||||||
| General Services Fund Group | 116698 |
| 4F30 | 935603 | Affiliate Services | $ | 450,000 | $ | 50,000 | 116699 | ||||
| 4T20 | 935605 | Government Television/Telecommunications Operating | $ | 25,000 | $ | 25,000 | 116700 | ||||
| TOTAL GSF General Services Fund Group | $ | 475,000 | $ | 75,000 | 116701 | ||||||
| Federal Special Revenue Fund Group | 116702 |
| 3S30 | 935606 | Enhancing Education Technology | $ | 163,000 | $ | 163,000 | 116703 | ||||
| 3X80 | 935604 | IDEA | $ | 18,892 | $ | 0 | 116704 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 181,892 | $ | 163,000 | 116705 | ||||||
| State Special Revenue Fund Group | 116706 |
| 4W90 | 935630 | Telecommunity | $ | 25,000 | $ | 25,000 | 116707 | ||||
| 4X10 | 935634 | Distance Learning | $ | 23,734 | $ | 24,150 | 116708 | ||||
| 5D40 | 935640 | Conference/Special Purposes | $ | 1,471,396 | $ | 1,473,527 | 116709 | ||||
| 5FK0 | 935608 | Media Services | $ | 300,000 | $ | 300,000 | 116710 | ||||
| 5GP0 | 935609 | Interactive Distance Learning Program | $ | 4,500,000 | $ | 4,500,000 | 116711 | ||||
| 5T30 | 935607 | Gates Foundation Grants | $ | 200,000 | $ | 200,000 | 116712 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 6,520,130 | $ | 6,522,677 | 116713 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 31,346,414 | $ | 28,930,069 | 116714 | ||||||
| Section 281.20. STATEHOUSE NEWS BUREAU | 116716 |
| The foregoing appropriation item 935401, Statehouse News | 116717 |
| Bureau, shall be used solely to support the operations of the Ohio | 116718 |
| Statehouse News Bureau. | 116719 |
| OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES | 116720 |
| The foregoing appropriation item 935402, Ohio Government | 116721 |
| Telecommunications Services, shall be used solely to support the | 116722 |
| operations of Ohio Government Telecommunications Services which | 116723 |
| include providing multimedia support to the state government and | 116724 |
| its affiliated organizations and broadcasting the activities of | 116725 |
| the legislative, judicial, and executive branches of state | 116726 |
| government, among its other functions. | 116727 |
| TECHNOLOGY OPERATIONS | 116728 |
| Of the foregoing appropriation item 935409, Technology | 116729 |
| Operations, $3,000,000 in each fiscal year shall be used by eTech | 116730 |
| Ohio, in fiscal year 2010, to contract with an entity to provide | 116731 |
| the common statewide platform and online advanced placement | 116732 |
| courses to up to 5,000 public school students in Ohio and, in | 116733 |
| fiscal year 2011, to maintain the clearinghouse established under | 116734 |
| section 3333.82 of the Revised Code for online advanced placement | 116735 |
| courses. School districts that have students participating in the | 116736 |
| program shall not be charged a fee in fiscal year 2010, but may | 116737 |
| be charged a fee in fiscal year 2011 through the clearinghouse. | 116738 |
| Students participating in the program shall receive services free | 116739 |
| of charge. | 116740 |
| The remainder of appropriation item 935409, Technology | 116741 |
| Operations, shall be used by eTech Ohio to pay expenses of eTech | 116742 |
| Ohio's network infrastructure, which includes the television and | 116743 |
| radio transmission infrastructure and infrastructure that shall | 116744 |
| link all public K-12 classrooms to each other and to the Internet, | 116745 |
| and provide access to voice, video, other communication services, | 116746 |
| and data educational resources for students and teachers. | 116747 |
| CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION | 116748 |
| The foregoing appropriation 935410, Content Development, | 116749 |
| Acquisition, and Distribution, shall be used for the development, | 116750 |
| acquisition, and distribution of information resources by public | 116751 |
| media and radio reading services and for educational use in the | 116752 |
| classroom and online. | 116753 |
| Of the foregoing appropriation item 935410, Content | 116754 |
| Development, Acquisition, and Distribution, up to $1,104,605 in | 116755 |
| fiscal year 2010 and up to $1,104,905 in fiscal year 2011 shall be | 116756 |
| allocated equally among the 12 Ohio educational television | 116757 |
| stations and used with the advice and approval of eTech Ohio. | 116758 |
| Funds shall be used for the production of interactive | 116759 |
| instructional programming series with priority given to resources | 116760 |
| aligned with state academic content standards in consultation | 116761 |
| with the Ohio Department of Education and for teleconferences to | 116762 |
| support eTech Ohio. The programming shall be targeted to the | 116763 |
| needs of the poorest two hundred school districts as determined | 116764 |
| by the district's adjusted valuation per pupil as defined in | 116765 |
| former section 3317.0213 of the Revised Code as that section | 116766 |
| existed prior to June 30, 2005. | 116767 |
| Of the foregoing appropriation item 935410, Content | 116768 |
| Development, Acquisition, and Distribution, up to $2,695,736 in | 116769 |
| fiscal year 2010 and up to $2,696,336 in fiscal year 2011 shall be | 116770 |
| distributed by eTech Ohio to Ohio's qualified public educational | 116771 |
| television stations and educational radio stations to support | 116772 |
| their operations. The funds shall be distributed pursuant to an | 116773 |
| allocation formula used by the Ohio Educational | 116774 |
| Telecommunications Network Commission unless a substitute formula | 116775 |
| is developed by eTech Ohio in consultation with Ohio's qualified | 116776 |
| public educational television stations and educational radio | 116777 |
| stations. | 116778 |
| Of the foregoing appropriation 935410, Content Development, | 116779 |
| Acquisition, and Distribution, up to $336,965 in fiscal year 2010 | 116780 |
| and up to $337,003 in fiscal year 2011 shall be distributed by | 116781 |
| eTech Ohio to Ohio's qualified radio reading services to support | 116782 |
| their operations. The funds shall be distributed pursuant to an | 116783 |
| allocation formula used by the Ohio Educational Telecommunications | 116784 |
| Network Commission unless a substitute formula is developed by | 116785 |
| eTech Ohio in consultation with Ohio's qualified radio reading | 116786 |
| services. | 116787 |
| Section 281.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL | 116788 |
| DEVELOPMENT | 116789 |
| The foregoing appropriation item 935411, Technology | 116790 |
| Integration and Professional Development, shall be used by eTech | 116791 |
| Ohio for the provision of staff development, hardware, software, | 116792 |
| telecommunications services, and information resources to support | 116793 |
| educational uses of technology in the classroom and at a distance | 116794 |
| and for professional development for teachers, administrators, and | 116795 |
| technology staff on the use of educational technology in | 116796 |
| qualifying public schools, including the State School for the | 116797 |
| Blind, the State School for the Deaf, and the Department of Youth | 116798 |
| Services. | 116799 |
| Of the foregoing appropriation item 935411, Technology | 116800 |
| Integration and Professional Development, up to $2,675,641 in | 116801 |
| fiscal year 2010 and up to $2,675,966 in fiscal year 2011, shall | 116802 |
| be used by eTech Ohio to contract with educational television to | 116803 |
| provide Ohio public schools with instructional resources and | 116804 |
| services with priority given to resources and services aligned | 116805 |
| with state academic content standards and such resources and | 116806 |
| services shall be based upon the advice and approval of eTech | 116807 |
| Ohio, based on a formula used by the Ohio SchoolNet Commission | 116808 |
| unless and until a substitute formula is developed by eTech Ohio | 116809 |
| in consultation with Ohio's educational technology agencies and | 116810 |
| noncommercial educational television stations. | 116811 |
| Section 281.35. DISTANCE LEARNING PILOT PROJECT | 116812 |
| The foregoing appropriation item 935427 shall be used by | 116813 |
| eTech Ohio to create a distance learning pilot project and to | 116814 |
| contract for the development and offering of interactive distance | 116815 |
| learning courses pursuant to section 3353.20 of the Revised Code. | 116816 |
| Any funds remaining after these purposes are completed may be | 116817 |
| used by eTech Ohio to provide funds to assist schools to which | 116818 |
| Section 281.36 of this act does not apply for purchasing video | 116819 |
| conferencing telecommunications equipment and to upgrade | 116820 |
| Internet service pursuant to divisions (A)(3) to (5) of section | 116821 |
| 3353.20 of the Revised Code. | 116822 |
| Notwithstanding anything to the contrary in section 3353.20 | 116823 |
| of the Revised Code, no school or school district to which | 116824 |
| Section 281.36 of this act does not apply shall be entitled to | 116825 |
| the items specified in divisions (A)(3) to (5) of section | 116826 |
| 3353.20 of the Revised Code. | 116827 |
| Section 281.36. INTERACTIVE DISTANCE LEARNING PROGRAM | 116828 |
| (A) As used in this section, "Title I school" means a school | 116829 |
| that receives federal funds for services to disadvantaged students | 116830 |
| under Title 20 of the United States Code, Part A, Subchapter I, | 116831 |
| Chapter 70 (20 U.S.C. 6301 et seq.). | 116832 |
| (B) This section applies only to Title I schools. | 116833 |
| (C) Notwithstanding anything in section 3353.20 of the | 116834 |
| Revised Code to the contrary, the foregoing appropriation item | 116835 |
| 935609, Interactive Distance Learning Program, shall be used by | 116836 |
| eTech Ohio to provide grants on a competitive basis to Title I | 116837 |
| schools for their participation in the interactive distance | 116838 |
| learning pilot project established under that section in the | 116839 |
| manner prescribed by this section. | 116840 |
| (1) The Commission shall issue a request for proposals for | 116841 |
| awards to be issued before or during the 2009-2010 academic year. | 116842 |
| (2) The Commission shall limit the number of grants so that | 116843 |
| each grant recipient receives an amount that is sufficient to | 116844 |
| ensure full participation in the program. The Commission shall | 116845 |
| endeavor to award grants in a manner that ensures diversity among | 116846 |
| grant recipients according to geographical regions, economic | 116847 |
| scale, and school district size. | 116848 |
| (3) In awarding grants under this section, the Commission | 116849 |
| shall give priority to the following: | 116850 |
| (a) School districts for which advanced placement or foreign | 116851 |
| language course offerings make up less than one per cent of the | 116852 |
| district's total course offerings; | 116853 |
| (b) Schools and school districts that without additional | 116854 |
| assistance lack the necessary connectivity to offer interactive | 116855 |
| distance learning courses; | 116856 |
| (c) Schools and school districts that demonstrate commitment | 116857 |
| to appropriately supporting distance learning offerings, as | 116858 |
| determined satisfactory by the Commission, including but not | 116859 |
| limited to: | 116860 |
| (i) Enrolling a minimum number of students to participate in | 116861 |
| the distance learning classes; | 116862 |
| (ii) Committing the necessary personnel to facilitate and | 116863 |
| assist students with distance learning classes; | 116864 |
| (iii) Committing the necessary personnel capable of operating | 116865 |
| distance learning equipment. | 116866 |
| (d) Schools and school districts that without additional | 116867 |
| assistance lack the necessary equipment to offer interactive | 116868 |
| distance learning courses; | 116869 |
| (e) School districts that demonstrate that the course | 116870 |
| offerings will take place during the regular school day. | 116871 |
| (D) In implementing this section, the Commission shall do all | 116872 |
| of the following: | 116873 |
| (1) Solicit all Title I schools to participate in the | 116874 |
| program; | 116875 |
| (2) Require twenty-five per cent of any grant award to be | 116876 |
| used for professional development. This professional development | 116877 |
| shall include at least one component of training in the classroom. | 116878 |
| It also shall include any training conducted by the Commission | 116879 |
| that the Commission deems necessary to participate in the program. | 116880 |
| (3) Contract for the development and offering of interactive | 116881 |
| distance learning courses. The Commission shall withhold an equal | 116882 |
| proportion of each grantee's award to pay for any cost associated | 116883 |
| with the development and offering of the courses offered by the | 116884 |
| program. | 116885 |
| (4) Require each Title I school submitting proposals to | 116886 |
| specify the amount, if any, needed to purchase video conferencing | 116887 |
| telecommunications equipment and connectivity devices and the cost | 116888 |
| of upgrading the school. | 116889 |
| (5) Require each Title I school submitting proposals to | 116890 |
| specify the amount needed to upgrade its Internet service, if the | 116891 |
| school currently has a connection slower than 1.544 Mbits per | 116892 |
| second; | 116893 |
| (6) Assist schools in arranging for the purchase and | 116894 |
| installation of telecommunications equipment and connectivity | 116895 |
| devices; | 116896 |
| (7) Retain five per cent of the appropriated funds to | 116897 |
| administer and oversee the operation of the program. | 116898 |
| (E) In the development of, administration of, oversight of, | 116899 |
| and award of funds for the program, the Commission shall not be | 116900 |
| obligated for more than the amount appropriated in this Section | 116901 |
| and Section 281.37 of this act. | 116902 |
| Section 281.37. TRANSFER OF CASH FROM THE TECHNOLOGY | 116903 |
| LITERACY TRANSFER FUND (FUND 3S20) | 116904 |
| On July 1 of each fiscal year, or as soon as possible | 116905 |
| thereafter, the Director of Budget and Management shall transfer | 116906 |
| $4,500,000 cash from the Technology Literacy Transfer Fund (Fund | 116907 |
| 3S20) used by the Department of Education to the Interactive | 116908 |
| Distance Learning Program Fund (Fund 5GP0), which is hereby | 116909 |
| created, used by eTech Ohio, to provide grants under Section | 116910 |
| 281.36 of this act. | 116911 |
| Section 281.40. TELECOMMUNITY | 116912 |
| The foregoing appropriation item 935630, Telecommunity, | 116913 |
| shall be distributed by eTech Ohio on a grant basis to eligible | 116914 |
| school districts to establish "distance learning" through | 116915 |
| interactive video technologies in the school district. Per | 116916 |
| agreements with eight Ohio local telephone companies, ALLTEL Ohio, | 116917 |
| CENTURY Telephone of Ohio, Chillicothe Telephone Company, | 116918 |
| Cincinnati Bell Telephone Company, Orwell Telephone Company, | 116919 |
| Sprint North Central Telephone, VERIZON, and Western Reserve | 116920 |
| Telephone Company, school districts are eligible for funds if they | 116921 |
| are within one of the listed telephone company service areas. | 116922 |
| Funds to administer the program shall be expended by eTech Ohio up | 116923 |
| to the amount specified in the agreements with the listed | 116924 |
| telephone companies. | 116925 |
| Within thirty days after the effective date of this section, | 116926 |
| the Director of Budget and Management shall transfer to Fund 4W90 | 116927 |
| in the State Special Revenue Fund Group any investment earnings | 116928 |
| from moneys paid by any telephone company as part of any | 116929 |
| settlement agreement between the listed companies and the Public | 116930 |
| Utilities Commission in fiscal years 1996 and beyond. | 116931 |
| DISTANCE LEARNING | 116932 |
| The foregoing appropriation item 935634, Distance Learning, | 116933 |
| shall be distributed by eTech Ohio on a grant basis to eligible | 116934 |
| school districts to establish "distance learning" in the school | 116935 |
| district. Per an agreement with Ameritech, school districts are | 116936 |
| eligible for funds if they are within an Ameritech service area. | 116937 |
| Funds to administer the program shall be expended by eTech Ohio up | 116938 |
| to the amount specified in the agreement with Ameritech. | 116939 |
| Within thirty days after the effective date of this section, | 116940 |
| the Director of Budget and Management shall transfer to Fund 4X10 | 116941 |
| in the State Special Revenue Fund Group any investment earnings | 116942 |
| from moneys paid by any telephone company as part of a settlement | 116943 |
| agreement between the company and the Public Utilities Commission | 116944 |
| in fiscal year 1995. | 116945 |
| GATES FOUNDATION GRANTS | 116946 |
| The foregoing appropriation item 935607, Gates Foundation | 116947 |
| Grants, shall be used by eTech Ohio to provide professional | 116948 |
| development to school district principals, superintendents, and | 116949 |
| other administrative staff on the use of education technology. | 116950 |
| Section 283.10. ETH OHIO ETHICS COMMISSION | 116951 |
| General Revenue Fund | 116952 |
| GRF | 146321 | Operating Expenses | $ | 1,682,020 | $ | 1,682,120 | 116953 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,682,020 | $ | 1,682,120 | 116954 | ||||||
| General Services Fund Group | 116955 |
| 4M60 | 146601 | Operating Expenses | $ | 544,543 | $ | 588,943 | 116956 | ||||
| TOTAL GSF General Services | 116957 | ||||||||||
| Fund Group | $ | 544,543 | $ | 588,943 | 116958 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,226,563 | $ | 2,271,063 | 116959 | ||||||
| Section 285.10. EXP OHIO EXPOSITIONS COMMISSION | 116961 |
| General Revenue Fund | 116962 |
| GRF | 723403 | Junior Fair Subsidy | $ | 360,000 | $ | 360,000 | 116963 | ||||
| TOTAL GRF General Revenue Fund | $ | 360,000 | $ | 360,000 | 116964 | ||||||
| State Special Revenue Fund Group | 116965 |
| 4N20 | 723602 | Ohio State Fair Harness Racing | $ | 520,000 | $ | 520,000 | 116966 | ||||
| 5060 | 723601 | Operating Expenses | $ | 13,505,000 | $ | 13,505,000 | 116967 | ||||
| TOTAL SSR State Special Revenue | 116968 | ||||||||||
| Fund Group | $ | 14,025,000 | $ | 14,025,000 | 116969 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,385,000 | $ | 14,385,000 | 116970 | ||||||
| STATE FAIR RESERVE | 116971 |
| The General Manager of the Expositions Commission may submit | 116972 |
| a request to the Director of Budget and Management to use | 116973 |
| available amounts in the State Fair Reserve Fund (Fund 6400) if | 116974 |
| the following conditions apply: | 116975 |
| (A) Admissions receipts for the 2009 or 2010 Ohio State Fair | 116976 |
| are less than $1,982,000 because of inclement weather or | 116977 |
| extraordinary circumstances; | 116978 |
| (B) The Ohio Expositions Commission declares a state of | 116979 |
| fiscal exigency; and | 116980 |
| (C) The request contains a plan describing how the | 116981 |
| Expositions Commission will eliminate the cash shortage causing | 116982 |
| the request. | 116983 |
| The amount approved by the Director of Budget and Management | 116984 |
| is hereby appropriated. | 116985 |
| Section 287.10. GOV OFFICE OF THE GOVERNOR | 116986 |
| General Revenue Fund | 116987 |
| GRF | 040321 | Operating Expenses | $ | 2,971,945 | $ | 2,971,945 | 116988 | ||||
| GRF | 040403 | Federal Relations | $ | 201,201 | $ | 201,201 | 116989 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,173,146 | $ | 3,173,146 | 116990 | ||||||
| General Services Fund Group | 116991 |
| 5AK0 | 040607 | Federal Relations | $ | 365,149 | $ | 365,149 | 116992 | ||||
| TOTAL GSF General Services Fund Group | $ | 365,149 | $ | 365,149 | 116993 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,538,295 | $ | 3,538,295 | 116994 |
| FEDERAL RELATIONS | 116995 |
| A portion of the foregoing appropriation items 040403, | 116996 |
| Federal Relations, and 040607, Federal Relations, may be used to | 116997 |
| support Ohio's membership in national or regional associations. | 116998 |
| The Office of the Governor may charge any state agency of the | 116999 |
| executive branch using an intrastate transfer voucher such amounts | 117000 |
| necessary to defray the costs incurred for the conduct of federal | 117001 |
| relations associated with issues that can be attributed to the | 117002 |
| agency. Amounts collected shall be deposited in the Federal | 117003 |
| Relations Fund (Fund 5AK0). | 117004 |
| Section 289.10. DOH DEPARTMENT OF HEALTH | 117005 |
| General Revenue Fund | 117006 |
| GRF | 440407 | Animal Borne Disease and Prevention | $ | 600,000 | $ | 642,291 | 117007 | ||||
| GRF | 440412 | Cancer Incidence Surveillance System | $ | 874,234 | $ | 874,234 | 117008 | ||||
| GRF | 440413 | Local Health Department Support | $ | 3,301,921 | $ | 3,301,921 | 117009 | ||||
| GRF | 440416 | Mothers and Children Safety Net Services | $ | 7,690,449 | $ | 7,690,449 | 117010 | ||||
| GRF | 440418 | Immunizations | $ | 7,739,432 | $ | 7,839,432 | 117011 | ||||
| GRF | 440431 | Free Clinics Safety Net Services | $ | 624,751 | $ | 624,751 | 117012 | ||||
| GRF | 440437 | Healthy Ohio | $ | 2,569,998 | $ | 2,569,998 | 117013 | ||||
| GRF | 440438 | Breast and Cervical Cancer Screening | $ | 2,500,000 | $ | 2,500,000 | 117014 | ||||
| GRF | 440444 | AIDS Prevention and Treatment | $ | 6,442,314 | $ | 6,442,314 | 117015 | ||||
| GRF | 440446 | Infectious Disease Protection and Surveillance | $ | 1,415,883 | $ | 1,415,883 | 117016 | ||||
| GRF | 440451 | Public Health Laboratory | $ | 3,099,138 | $ | 3,099,138 | 117017 | ||||
| GRF | 440452 | Child and Family Health Services Match | $ | 921,615 | $ | 921,615 | 117018 | ||||
| GRF | 440453 | Health Care Quality Assurance | $ | 10,402,795 | $ | 10,402,795 | 117019 | ||||
| GRF | 440454 | Local Environmental Health | $ | 1,155,219 | $ | 1,155,219 | 117020 | ||||
| GRF | 440459 | Help Me Grow | $ | 36,500,000 | $ | 36,500,000 | 117021 | ||||
| GRF | 440465 | Federally Qualified Health Centers | $ | 2,686,688 | $ | 2,686,688 | 117022 | ||||
| GRF | 440467 | Access to Dental Care | $ | 772,120 | $ | 772,120 | 117023 | ||||
| GRF | 440468 | Chronic Disease and Injury Prevention | $ | 792,363 | $ | 792,363 | 117024 | ||||
| GRF | 440469 | Health - Federal Stimulus | $ | 2,680,035 | $ | 2,463,903 | 117025 | ||||
| GRF | 440505 | Medically Handicapped Children | $ | 8,762,451 | $ | 8,762,451 | 117026 | ||||
| GRF | 440507 | Targeted Health Care Services Over 21 | $ | 1,493,449 | $ | 1,493,449 | 117027 | ||||
| GRF | 440511 | Uncompensated Care/Emergency Medical Assistance | $ | 589,738 | $ | 663,579 | 117028 | ||||
| GRF | 440514 | Katz Cord Blood Foundation | $ | 100,000 | $ | 100,000 | 117029 | ||||
| GRF | 440515 | Poison Control Centers | $ | 150,000 | $ | 150,000 | 117030 | ||||
| TOTAL GRF General Revenue Fund | $ | 103,864,593 | $ | 103,864,593 | 117031 | ||||||
| State Highway Safety Fund Group | 117032 |
| 4T40 | 440603 | Child Highway Safety | $ | 233,894 | $ | 233,894 | 117033 | ||||
| TOTAL HSF State Highway Safety | $ | $ | 117034 | ||||||||
| Fund Group | $ | 233,894 | $ | 233,894 | 117035 | ||||||
| General Services Fund Group | 117036 |
| 1420 | 440646 | Agency Health Services | $ | 9,876,043 | $ | 10,334,250 | 117037 | ||||
| 2110 | 440613 | Central Support Indirect Costs | $ | 31,411,719 | $ | 31,902,600 | 117038 | ||||
| 4730 | 440622 | Lab Operating Expenses | $ | 5,323,860 | $ | 5,396,471 | 117039 | ||||
| 6830 | 440633 | Employee Assistance Program | $ | 1,330,947 | $ | 1,353,323 | 117040 | ||||
| 6980 | 440634 | Nurse Aide Training | $ | 170,000 | $ | 170,000 | 117041 | ||||
| TOTAL GSF General Services | 117042 | ||||||||||
| Fund Group | $ | 48,112,569 | $ | 49,156,644 | 117043 | ||||||
| Federal Special Revenue Fund Group | 117044 |
| 3200 | 440601 | Maternal Child Health Block Grant | $ | 29,056,772 | $ | 29,068,886 | 117045 | ||||
| 3870 | 440602 | Preventive Health Block Grant | $ | 7,826,659 | $ | 7,826,659 | 117046 | ||||
| 3890 | 440604 | Women, Infants, and Children | $ | 298,672,689 | $ | 308,672,689 | 117047 | ||||
| 3910 | 440606 | Medicaid/Medicare | $ | 25,891,157 | $ | 26,826,242 | 117048 | ||||
| 3920 | 440618 | Federal Public Health Programs | $ | 136,778,215 | $ | 136,778,215 | 117049 | ||||
| TOTAL FED Federal Special Revenue | 117050 | ||||||||||
| Fund Group | $ | 498,225,492 | $ | 509,172,691 | 117051 | ||||||
| State Special Revenue Fund Group | 117052 |
| 4700 | 440647 | Fee Supported Programs | $ | 25,905,140 | $ | 25,905,140 | 117053 | ||||
| 4710 | 440619 | Certificate of Need | $ | 989,000 | $ | 1,021,753 | 117054 | ||||
| 4770 | 440627 | Medically Handicapped Children Audit | $ | 3,693,016 | $ | 3,693,016 | 117055 | ||||
| 4D60 | 440608 | Genetics Services | $ | 3,317,000 | $ | 3,317,000 | 117056 | ||||
| 4F90 | 440610 | Sickle Cell Disease Control | $ | 1,035,344 | $ | 1,035,344 | 117057 | ||||
| 4G00 | 440636 | Heirloom Birth Certificate | $ | 5,000 | $ | 5,000 | 117058 | ||||
| 4G00 | 440637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 117059 | ||||
| 4L30 | 440609 | Miscellaneous Expenses | $ | 746,468 | $ | 746,468 | 117060 | ||||
| 4P40 | 440628 | Ohio Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 117061 | ||||
| 4V60 | 440641 | Save Our Sight | $ | 2,938,649 | $ | 3,115,938 | 117062 | ||||
| 5B50 | 440616 | Quality, Monitoring, and Inspection | $ | 1,005,699 | $ | 1,015,053 | 117063 | ||||
| 5C00 | 440615 | Alcohol Testing and Permit | $ | 1,455,405 | $ | 1,455,405 | 117064 | ||||
| 5CJ0 | 440654 | Sewage Treatment System Innovation | $ | 250,000 | $ | 250,000 | 117065 | ||||
| 5CN0 | 440645 | Choose Life | $ | 75,000 | $ | 75,000 | 117066 | ||||
| 5D60 | 440620 | Second Chance Trust | $ | 1,054,951 | $ | 1,054,951 | 117067 | ||||
| 5ED0 | 440651 | Smoke Free Indoor Air | $ | 189,500 | $ | 190,452 | 117068 | ||||
| 5G40 | 440639 | Adoption Services | $ | 20,000 | $ | 20,000 | 117069 | ||||
| 5L10 | 440623 | Nursing Facility Technical Assistance Program | $ | 698,595 | $ | 698,595 | 117070 | ||||
| 5Z70 | 440624 | Ohio Dentist Loan Repayment | $ | 140,000 | $ | 140,000 | 117071 | ||||
| 6100 | 440626 | Radiation Emergency Response | $ | 887,445 | $ | 920,372 | 117072 | ||||
| 6660 | 440607 | Medically Handicapped Children - County Assessments | $ | 17,320,687 | $ | 17,320,687 | 117073 | ||||
| TOTAL SSR State Special Revenue | 117074 | ||||||||||
| Fund Group | $ | 62,208,769 | $ | 62,462,044 | 117075 | ||||||
| Holding Account Redistribution Fund Group | 117076 |
| R014 | 440631 | Vital Statistics | $ | 70,000 | $ | 70,000 | 117077 | ||||
| R048 | 440625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 117078 | ||||
| TOTAL 090 Holding Account | 117079 | ||||||||||
| Redistribution Fund Group | $ | 90,000 | $ | 90,000 | 117080 | ||||||
| Tobacco Master Settlement Agreement Fund Group | 117081 |
| 5BX0 | 440656 | Tobacco Use Prevention | $ | 6,000,000 | $ | 6,000,000 | 117082 | ||||
| TOTAL TSF Tobacco Master Settlement | 117083 | ||||||||||
| Agreement Fund Group | $ | 6,000,000 | $ | 6,000,000 | 117084 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 718,735,317 | $ | 730,979,866 | 117085 | ||||||
| Section 289.20. HEALTHY OHIO | 117087 |
| Of the foregoing appropriation item 440437, Healthy Ohio, | 117088 |
| $250,000 in each fiscal year, shall be allocated to the Activate | 117089 |
| Ohio - Diabetes Education, Support, and Self-Management Program. | 117090 |
| MOTHERS AND CHILDREN SAFETY NET SERVICES | 117091 |
| Of the foregoing appropriation item 440416, Mothers and | 117092 |
| Children Safety Net Services, the following amounts shall be | 117093 |
| allocated in each fiscal year: $15,000 to the Jewish Family | 117094 |
| Services in Dayton, of which $5,000 shall be used for children's | 117095 |
| health and nutrition programs; $10,000 to the Jewish Community | 117096 |
| Center in Akron, of which $5,000 shall be used for children's | 117097 |
| health and nutrition programs; $10,000 to the Jewish Community | 117098 |
| Services in Sylvania, of which $5,000 shall be used for children's | 117099 |
| health and nutrition programs; $7,500 to the Jewish Community | 117100 |
| Center in Youngstown, of which $5,000 shall be used for children's | 117101 |
| health and nutrition programs; $4,500 to the Jewish Community | 117102 |
| Center in Canton, of which $2,000 shall be used for children's | 117103 |
| health and nutrition programs; $16,667 to the Yassenoff Jewish | 117104 |
| Community Center for children's health and nutrition camp | 117105 |
| programs; $16,666 to the Jewish Community Center in Cleveland for | 117106 |
| children's health and nutrition camp programs; $15,000 to the | 117107 |
| Jewish Family Services in Cleveland for interpreters for | 117108 |
| healthcare; $16,667 to the Jewish Community Center in Cincinnati | 117109 |
| for children's health and nutrition camp programs; $15,000 to the | 117110 |
| Jewish Family Services in Cincinnati for interpreters for | 117111 |
| healthcare; $15,000 to the Jewish Family Services in Columbus for | 117112 |
| interpreters for healthcare; and $10,000 to the Wexner Heritage | 117113 |
| Village for interpreters for healthcare. | 117114 |
| HIV/AIDS PREVENTION/TREATMENT | 117115 |
| The foregoing appropriation item 440444, AIDS Prevention and | 117116 |
| Treatment, shall be used to assist persons with HIV/AIDS in | 117117 |
| acquiring HIV-related medications and to administer educational | 117118 |
| prevention initiatives. | 117119 |
| INFECTIOUS DISEASE PREVENTION | 117120 |
| The foregoing appropriation item 440446, Infectious Disease | 117121 |
| Protection and Surveillance, shall be used for coordination and | 117122 |
| management of prevention program operations and the purchase of | 117123 |
| drugs for sexually transmitted diseases. | 117124 |
| HELP ME GROW | 117125 |
| The foregoing appropriation item 440459, Help Me Grow, shall | 117126 |
| be used by the Department of Health to distribute subsidies to | 117127 |
| counties to implement the Help Me Grow Program. Appropriation item | 117128 |
| 440459, Help Me Grow, may be used in conjunction with Early | 117129 |
| Intervention funding from the Department of Mental Retardation | 117130 |
| and Developmental Disabilities, and in conjunction with other | 117131 |
| early childhood funds and services to promote the optimal | 117132 |
| development of young children. The Department of Health shall | 117133 |
| enter into an interagency agreement with the Department of | 117134 |
| Education, Department of Mental Retardation and Developmental | 117135 |
| Disabilities, Department of Job and Family Services, and | 117136 |
| Department of Mental Health to ensure that all early childhood | 117137 |
| programs and initiatives are coordinated and school linked. | 117138 |
| The foregoing appropriation item 440459, Help Me Grow, shall | 117139 |
| also be used for the Autism Diagnosis Education Pilot Program. | 117140 |
| Of the foregoing appropriation item 440459, Help Me Grow, | 117141 |
| $300,000 in each fiscal year shall be allocated to The Ohio State | 117142 |
| University College of Dentistry's Dental Bus Program. | 117143 |
| DEPARTMENT OF HEALTH - FEDERAL STIMULUS | 117144 |
| Upon the request of the Director of Health, the Director of | 117145 |
| Budget and Management may transfer appropriation from | 117146 |
| appropriation item 440469, Health – Federal Stimulus, to the | 117147 |
| following appropriation items: $300,000 in fiscal year 2010 and | 117148 |
| $257,709 in fiscal year 2011 to appropriation item 440407, Animal | 117149 |
| Borne Disease and Prevention; $50,000 in each fiscal year to | 117150 |
| appropriation item 440412, Cancer Incidence Surveillance System; | 117151 |
| $106,194 in each fiscal year to appropriation item 440413, Local | 117152 |
| Health Department Support; $800,000 in fiscal year 2010 and | 117153 |
| $700,000 in fiscal year 2011 to appropriation item 440418, | 117154 |
| Immunizations; $200,000 in each fiscal year to appropriation item | 117155 |
| 440431, Free Clinics Safety Net Services; $200,000 in each fiscal | 117156 |
| year to appropriation item 440446, Infectious Disease Protection | 117157 |
| and Surveillance; $100,000 in each fiscal year to appropriation | 117158 |
| item 440454, Local Environmental Health; $50,000 in each fiscal | 117159 |
| year to appropriation item 440465, Federally Qualified Health | 117160 |
| Centers; $100,000 in each fiscal year to appropriation item | 117161 |
| 440468, Chronic Disease and Injury Prevention; and $773,841 in | 117162 |
| fiscal year 2010 and $700,000 in fiscal year 2011 to appropriation | 117163 |
| item 440511, Uncompensated Care/Emergency Medical Assistance. | 117164 |
| TARGETED HEALTH CARE SERVICES OVER 21 | 117165 |
| The foregoing appropriation item 440507, Targeted Health | 117166 |
| Care Services Over 21, shall be used to administer the Cystic | 117167 |
| Fibrosis Program and to implement the Hemophilia Insurance | 117168 |
| Premium Payment Program. | 117169 |
| The foregoing appropriation item 440507, Targeted Health | 117170 |
| Care Services Over 21, shall also be used to provide essential | 117171 |
| medications and to pay the copayments for drugs approved by the | 117172 |
| Department of Health and covered by Medicare Part D that are | 117173 |
| dispensed to Bureau for Children with Medical Handicaps (BCMH) | 117174 |
| participants for the Cystic Fibrosis Program. | 117175 |
| These funds also may be used, to the extent that funding is | 117176 |
| available, to provide up to 18 in-patient hospital days for | 117177 |
| participants in the Cystic Fibrosis Program. | 117178 |
| The Department shall expend all of these funds. | 117179 |
| GENETICS SERVICES | 117180 |
| The foregoing appropriation item 440608, Genetics Services | 117181 |
| (Fund 4D60), shall be used by the Department of Health to | 117182 |
| administer programs authorized by sections 3701.501 and 3701.502 | 117183 |
| of the Revised Code. None of these funds shall be used to counsel | 117184 |
| or refer for abortion, except in the case of a medical emergency. | 117185 |
| MEDICALLY HANDICAPPED CHILDREN AUDIT | 117186 |
| The Medically Handicapped Children Audit Fund (Fund 4770) | 117187 |
| shall receive revenue from audits of hospitals and recoveries from | 117188 |
| third-party payers. Moneys may be expended for payment of audit | 117189 |
| settlements and for costs directly related to obtaining recoveries | 117190 |
| from third-party payers and for encouraging Medically Handicapped | 117191 |
| Children's Program recipients to apply for third-party benefits. | 117192 |
| Moneys also may be expended for payments for diagnostic and | 117193 |
| treatment services on behalf of medically handicapped children, as | 117194 |
| defined in division (A) of section 3701.022 of the Revised Code, | 117195 |
| and Ohio residents who are twenty-one or more years of age and who | 117196 |
| are suffering from cystic fibrosis or hemophilia. Moneys may also | 117197 |
| be expended for administrative expenses incurred in operating the | 117198 |
| Medically Handicapped Children's Program. | 117199 |
| CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 117200 |
| PERMIT FUND | 117201 |
| The Director of Budget and Management, pursuant to a plan | 117202 |
| submitted by the Department of Health, or as otherwise determined | 117203 |
| by the Director of Budget and Management, shall set a schedule to | 117204 |
| transfer cash from the Liquor Control Fund (Fund 7043) to the | 117205 |
| Alcohol Testing and Permit Fund (Fund 5C00) to meet the operating | 117206 |
| needs of the Alcohol Testing and Permit Program. | 117207 |
| The Director of Budget and Management may transfer to the | 117208 |
| Alcohol Testing and Permit Fund (Fund 5C00) from the Liquor | 117209 |
| Control Fund (Fund 7043) created in section 4301.12 of the Revised | 117210 |
| Code such amounts at such times as determined by the transfer | 117211 |
| schedule. | 117212 |
| DENTIST LOAN REPAYMENT ADVISORY BOARD | 117213 |
| As specified in the amendments made by this act to section | 117214 |
| 3702.92 of the Revised Code, the Governor, Speaker of the House of | 117215 |
| Representatives, and President of the Senate shall each appoint | 117216 |
| one additional member to the Dentist Loan Repayment Advisory | 117217 |
| Board. The appointments shall be made not later than sixty days | 117218 |
| after the effective date of section 3702.92 of the Revised Code. | 117219 |
| The terms of office of the additional members shall end on | 117220 |
| January 27, 2011, except that a legislative member ceases to be a | 117221 |
| member of the Board on ceasing to be a member of the General | 117222 |
| Assembly. Vacancies occurring prior to January 27, 2011, shall be | 117223 |
| filled in the manner prescribed for original appointments under | 117224 |
| this section. | 117225 |
| MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 117226 |
| The foregoing appropriation item 440607, Medically | 117227 |
| Handicapped Children - County Assessments (Fund 6660), shall be | 117228 |
| used to make payments under division (E) of section 3701.023 of | 117229 |
| the Revised Code. | 117230 |
| CASH TRANSFER FROM THE SEWAGE INNOVATION FUND TO FEE | 117231 |
| SUPPORTED PROGRAMS FUND | 117232 |
| On July 1, 2009, or as soon as possible thereafter, the | 117233 |
| Director of Health shall certify to the Director of Budget and | 117234 |
| Management the amount of cash to be transferred from the Sewage | 117235 |
| Innovation Fund (Fund 5CJ0) to the Fee Supported Program Fund | 117236 |
| (Fund 4700) to meet the needs of the Sewage Program. The Director | 117237 |
| of Budget and Management may transfer the amount certified. The | 117238 |
| amount certified is hereby appropriated. | 117239 |
| NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM | 117240 |
| On July 1, 2009, or as soon as possible thereafter, the | 117241 |
| Director of Budget and Management may transfer, cash from the | 117242 |
| Resident Protection Fund (Fund 4E30), which is used by the Ohio | 117243 |
| Department of Job and Family Services, to the Nursing Facility | 117244 |
| Technical Assistance Program Fund (Fund 5L10), which is used by | 117245 |
| the Ohio Department of Health, to be used under section 3721.026 | 117246 |
| of the Revised Code. The transfers shall equal $698,595 in each | 117247 |
| fiscal year. | 117248 |
| Section 289.30. DISEASE AND CANCER COMMISSION | 117249 |
| (A) There is hereby established in the Department of Health | 117250 |
| the Disease and Cancer Commission. The Commission shall be | 117251 |
| composed of individuals selected by the Director of Health who | 117252 |
| are both of the following: | 117253 |
| (1) Representatives of boards of health of city health | 117254 |
| districts or general health districts, or the authorities having | 117255 |
| the duties of a board of health under section 3709.05 of the | 117256 |
| Revised Code; | 117257 |
| (2) Located in an area in which the Director of Health | 117258 |
| determines there is a high prevalence of one of the following: | 117259 |
| (a) Colorectal cancer; | 117260 |
| (b) Prostate cancer; | 117261 |
| (c) Sickle cell anemia; | 117262 |
| (d) Triple negative breast cancer. | 117263 |
| (B) The Governor shall designate from among the Commission | 117264 |
| members an individual to serve as the chairperson of the | 117265 |
| Commission who shall establish the meeting time and locations for | 117266 |
| the Commission. | 117267 |
| (C) The Commission shall study colorectal cancer, prostate | 117268 |
| cancer, sickle cell anemia, and triple negative breast cancer in | 117269 |
| areas of the state in which the Director determines such | 117270 |
| conditions are prevalent. Not later than June 30, 2011, the | 117271 |
| Commission shall submit a report to the Governor, Speaker and | 117272 |
| Minority Leader of the House of Representatives, and President | 117273 |
| and Minority Leader of the Senate describing its findings on the | 117274 |
| prevalence of colorectal cancer, prostate cancer, sickle cell | 117275 |
| anemia, and triple negative breast cancer in the areas included | 117276 |
| in the study. The report shall include policy recommendations to | 117277 |
| combat the prevalence of these conditions in such areas. | 117278 |
| (D) The Commission shall cease to exist on submission of the | 117279 |
| report under division (C) of this section. | 117280 |
| Section 289.40. FUNDING FOR IMMUNIZATIONS | 117281 |
| To the extent permitted under state and federal law, the | 117282 |
| Department of Health shall use state general revenue funds and | 117283 |
| federal funds appropriated for the purchase of vaccinations to | 117284 |
| provide immunizations to children and adults in Ohio. | 117285 |
| Section 291.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION | 117286 |
| Agency Fund Group | 117287 |
| 4610 | 372601 | Operating Expenses | $ | 40,000 | $ | 40,000 | 117288 | ||||
| TOTAL AGY Agency Fund Group | $ | 40,000 | $ | 40,000 | 117289 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 40,000 | $ | 40,000 | 117290 | ||||||
| Section 293.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 117292 |
| General Revenue Fund | 117293 |
| GRF | 148100 | Personal Services | $ | 328,353 | $ | 328,353 | 117294 | ||||
| GRF | 148200 | Maintenance | $ | 50,000 | $ | 50,000 | 117295 | ||||
| GRF | 148402 | Community Projects | $ | 129,264 | $ | 129,264 | 117296 | ||||
| TOTAL GRF General Revenue Fund | $ | 507,617 | $ | 507,617 | 117297 | ||||||
| General Services Fund Group | 117298 |
| 6010 | 148602 | Gifts and Miscellaneous | $ | 10,000 | $ | 10,000 | 117299 | ||||
| TOTAL GSF General Services | 117300 | ||||||||||
| Fund Group | $ | 10,000 | $ | 10,000 | 117301 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 517,617 | $ | 517,617 | 117302 | ||||||
| Section 295.10. OHS OHIO HISTORICAL SOCIETY | 117304 |
| General Revenue Fund | 117305 |
| GRF | 360501 | Education and Collections | $ | 3,291,754 | $ | 3,291,754 | 117306 | ||||
| GRF | 360502 | Site and Museum Operations | $ | 6,165,927 | $ | 6,165,927 | 117307 | ||||
| GRF | 360504 | Ohio Preservation Office | $ | 326,066 | $ | 326,066 | 117308 | ||||
| GRF | 360505 | National Afro-American Museum | $ | 592,568 | $ | 592,568 | 117309 | ||||
| GRF | 360506 | Hayes Presidential Center | $ | 401,490 | $ | 401,490 | 117310 | ||||
| GRF | 360508 | State Historical Grants | $ | 700,600 | $ | 700,600 | 117311 | ||||
| GRF | 360509 | Outreach and Partnership | $ | 703,638 | $ | 703,638 | 117312 | ||||
| TOTAL GRF General Revenue Fund | $ | 12,182,043 | $ | 12,182,043 | 117313 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,182,043 | $ | 12,182,043 | 117314 | ||||||
| SUBSIDY APPROPRIATION | 117315 |
| Upon approval by the Director of Budget and Management, the | 117316 |
| foregoing appropriation items shall be released to the Ohio | 117317 |
| Historical Society in quarterly amounts that in total do not | 117318 |
| exceed the annual appropriations. The funds and fiscal records of | 117319 |
| the society for fiscal year 2010 and fiscal year 2011 shall be | 117320 |
| examined by independent certified public accountants approved by | 117321 |
| the Auditor of State, and a copy of the audited financial | 117322 |
| statements shall be filed with the Office of Budget and | 117323 |
| Management. The society shall prepare and submit to the Office of | 117324 |
| Budget and Management the following: | 117325 |
| (A) An estimated operating budget for each fiscal year of the | 117326 |
| biennium. The operating budget shall be submitted at or near the | 117327 |
| beginning of each calendar year. | 117328 |
| (B) Financial reports, indicating actual receipts and | 117329 |
| expenditures for the fiscal year to date. These reports shall be | 117330 |
| filed at least semiannually during the fiscal biennium. | 117331 |
| The foregoing appropriations shall be considered to be the | 117332 |
| contractual consideration provided by the state to support the | 117333 |
| state's offer to contract with the Ohio Historical Society under | 117334 |
| section 149.30 of the Revised Code. | 117335 |
| STATE ARCHIVES | 117336 |
| Of the foregoing appropriation item 360501, Education and | 117337 |
| Collections, $910,459 in each fiscal year shall be used for the | 117338 |
| State Archives, Library, and Artifact Collections Program. | 117339 |
| HAYES PRESIDENTIAL CENTER | 117340 |
| If a United States government agency, including, but not | 117341 |
| limited to, the National Park Service, chooses to take over the | 117342 |
| operations or maintenance of the Hayes Presidential Center, in | 117343 |
| whole or in part, the Ohio Historical Society shall make | 117344 |
| arrangements with the National Park Service or other United States | 117345 |
| government agency for the efficient transfer of operations or | 117346 |
| maintenance. | 117347 |
| Section 295.20. STATE HISTORICAL GRANTS | 117348 |
| Of the foregoing appropriation item 360508, State Historical | 117349 |
| Grants, $100,000 in each fiscal year shall be used for the | 117350 |
| Cincinnati Museum Center. | 117351 |
| Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES | 117352 |
| General Revenue Fund | 117353 |
| GRF | 025321 | Operating Expenses | $ | 18,517,093 | $ | 18,517,093 | 117354 | ||||
| TOTAL GRF General Revenue Fund | $ | 18,517,093 | $ | 18,517,093 | 117355 | ||||||
| General Services Fund Group | 117356 |
| 1030 | 025601 | House Reimbursement | $ | 1,433,664 | $ | 1,433,664 | 117357 | ||||
| 4A40 | 025602 | Miscellaneous Sales | $ | 37,849 | $ | 37,849 | 117358 | ||||
| TOTAL GSF General Services | 117359 | ||||||||||
| Fund Group | $ | 1,471,513 | $ | 1,471,513 | 117360 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 19,988,606 | $ | 19,988,606 | 117361 | ||||||
| OPERATING EXPENSES | 117362 |
| On July 1, 2009, or as soon as possible thereafter, the Clerk | 117363 |
| of the House of Representatives may certify to the Director of | 117364 |
| Budget and Management the amount of the unexpended, unencumbered | 117365 |
| balance of the foregoing appropriation item 025321, Operating | 117366 |
| Expenses, at the end of fiscal year 2009 to be reappropriated to | 117367 |
| fiscal year 2010. The amount certified is hereby reappropriated to | 117368 |
| the same appropriation item for fiscal year 2010. | 117369 |
| On July 1, 2010, or as soon as possible thereafter, the Clerk | 117370 |
| of the House of Representatives may certify to the Director of | 117371 |
| Budget and Management the amount of the unexpended, unencumbered | 117372 |
| balance of the foregoing appropriation item 025321, Operating | 117373 |
| Expenses, at the end of fiscal year 2010 to be reappropriated to | 117374 |
| fiscal year 2011. The amount certified is hereby reappropriated to | 117375 |
| the same appropriation item for fiscal year 2011. | 117376 |
| Section 303.10. HFA OHIO HOUSING FINANCE AGENCY | 117377 |
| Agency Fund Group | 117378 |
| 5AZ0 | 997601 | Housing Finance Agency Personal Services | $ | 10,186,713 | $ | 10,386,426 | 117379 | ||||
| TOTAL AGY Agency Fund Group | $ | 10,186,713 | $ | 10,386,426 | 117380 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,186,713 | $ | 10,386,426 | 117381 | ||||||
| Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL | 117383 |
| General Revenue Fund | 117384 |
| GRF | 965321 | Operating Expenses | $ | 1,164,218 | $ | 1,164,218 | 117385 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,164,218 | $ | 1,164,218 | 117386 | ||||||
| General Services Fund Group | 117387 |
| 5FA0 | 965603 | Deputy Inspector General for ODOT | $ | 400,000 | $ | 400,000 | 117388 | ||||
| 5FT0 | 965604 | Deputy Inspector General for BWC/OIC | $ | 425,000 | $ | 425,000 | 117389 | ||||
| TOTAL GSF General Services Fund Group | $ | 825,000 | $ | 825,000 | 117390 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,989,218 | $ | 1,989,218 | 117391 | ||||||
| Section 307.10. INS DEPARTMENT OF INSURANCE | 117393 |
| General Revenue Fund | 117394 |
| GRF | 820607 | State Coverage Initiative | $ | 10,000,000 | $ | 10,000,000 | 117395 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,000,000 | $ | 10,000,000 | 117396 | ||||||
| Federal Special Revenue Fund Group | 117397 |
| 3CX0 | 820608 | State Coverage Initiative - Federal | $ | 50,000,000 | $ | 100,000,000 | 117398 | ||||
| 3U50 | 820602 | OSHIIP Operating Grant | $ | 1,770,000 | $ | 1,790,000 | 117399 | ||||
| TOTAL FED Federal Special | 117400 | ||||||||||
| Revenue Fund Group | $ | 51,770,000 | $ | 101,790,000 | 117401 | ||||||
| State Special Revenue Fund Group | 117402 |
| 5540 | 820601 | Operating Expenses - OSHIIP | $ | 200,000 | $ | 200,000 | 117403 | ||||
| 5540 | 820606 | Operating Expenses | $ | 23,105,028 | $ | 23,108,297 | 117404 | ||||
| 5540 | 820609 | State Coverage Initiative Administration | $ | 479,575 | $ | 479,575 | 117405 | ||||
| 5550 | 820605 | Examination | $ | 9,275,768 | $ | 9,294,668 | 117406 | ||||
| TOTAL SSR State Special Revenue | 117407 | ||||||||||
| Fund Group | $ | 33,060,371 | $ | 33,082,540 | 117408 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 94,830,371 | $ | 144,872,540 | 117409 | ||||||
| STATE COVERAGE INITIATIVE | 117410 |
| Of the foregoing appropriation item 820607, State Coverage | 117411 |
| Initiative, up to $7,000,000 in each fiscal year shall be used to | 117412 |
| support health information technology strategies. The remainder of | 117413 |
| the appropriation shall be used to support the implementation of | 117414 |
| strategies recommended by the Health Care Coverage and Quality | 117415 |
| Council established in section 3923.90 of the Revised Code. In | 117416 |
| addition to health information technology, strategies may include | 117417 |
| implementation of patient-centered medical homes, improved | 117418 |
| consumer information, and payment reform. Up to $3,000,000 in each | 117419 |
| fiscal year may be used by the Superintendent of Insurance to | 117420 |
| transfer cash from the General Revenue Fund to another fund in the | 117421 |
| state treasury. The transfer shall be made using an intrastate | 117422 |
| transfer voucher. | 117423 |
| An amount equal to the unexpended, unencumbered portion of | 117424 |
| the foregoing appropriation item 820607, State Coverage | 117425 |
| Initiative, at the end of fiscal year 2010 is hereby | 117426 |
| reappropriated for the same purpose for fiscal year 2011. | 117427 |
| MARKET CONDUCT EXAMINATION | 117428 |
| When conducting a market conduct examination of any insurer | 117429 |
| doing business in this state, the Superintendent of Insurance may | 117430 |
| assess the costs of the examination against the insurer. The | 117431 |
| superintendent may enter into consent agreements to impose | 117432 |
| administrative assessments or fines for conduct discovered that | 117433 |
| may be violations of statutes or rules administered by the | 117434 |
| superintendent. All costs, assessments, or fines collected shall | 117435 |
| be deposited to the credit of the Department of Insurance | 117436 |
| Operating Fund (Fund 5540). | 117437 |
| EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES | 117438 |
| The Director of Budget and Management, at the request of the | 117439 |
| Superintendent of Insurance, may transfer funds from the | 117440 |
| Department of Insurance Operating Fund (Fund 5540), established by | 117441 |
| section 3901.021 of the Revised Code, to the Superintendent's | 117442 |
| Examination Fund (Fund 5550), established by section 3901.071 of | 117443 |
| the Revised Code, only for expenses incurred in examining domestic | 117444 |
| fraternal benefit societies as required by section 3921.28 of the | 117445 |
| Revised Code. | 117446 |
| TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND | 117447 |
| Not later than the thirty-first day of July each fiscal year, | 117448 |
| the Director of Budget and Management shall transfer $5,000,000 | 117449 |
| from the Department of Insurance Operating Fund (Fund 5540) to the | 117450 |
| General Revenue Fund. | 117451 |
| HEALTH INSURANCE COVERAGE OF AUTISM SPECTRUM DISORDERS | 117452 |
| Of the foregoing appropriation item 820606, Operating | 117453 |
| Expenses, up to $20,000 in fiscal year 2010 shall be used by the | 117454 |
| Department of Insurance to conduct a study on insurance rates if | 117455 |
| health insurers are required to provide coverage for specified | 117456 |
| services for individuals diagnosed with an autism spectrum | 117457 |
| disorder. Not later than January 31, 2010, the study shall be | 117458 |
| completed and copies of the study shall be provided to the | 117459 |
| Governor, the Speaker of the House of the Representatives, the | 117460 |
| President of the Senate, and the minority leaders in the House of | 117461 |
| Representatives and the Senate, the Director of Budget and | 117462 |
| Management, the Superintendent of Insurance, and the Director of | 117463 |
| Job and Family Services. | 117464 |
| On July 1, 2009, or as soon as possible thereafter, the | 117465 |
| Director of Budget and Management shall transfer $20,000 cash from | 117466 |
| the General Revenue Fund to the Department of Insurance Operating | 117467 |
| Fund (Fund 5540). | 117468 |
| Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 117469 |
| General Revenue Fund | 117470 |
| GRF | 600321 | Support Services | 117471 | ||||||||
| State | $ | 52,432,042 | $ | 52,817,104 | 117472 | ||||||
| Federal | $ | 9,252,713 | $ | 9,320,665 | 117473 | ||||||
| Support Services Total | $ | 61,684,755 | $ | 62,137,769 | 117474 | ||||||
| GRF | 600410 | TANF State | $ | 190,932,468 | $ | 203,183,335 | 117475 | ||||
| GRF | 600413 | Child Care Match/Maintenance of Effort | $ | 88,415,688 | $ | 93,105,300 | 117476 | ||||
| GRF | 600416 | Computer Projects | 117477 | ||||||||
| State | $ | 92,734,743 | $ | 93,242,343 | 117478 | ||||||
| Federal | $ | 10,303,860 | $ | 10,360,260 | 117479 | ||||||
| Computer Projects Total | $ | 103,038,603 | $ | 103,602,603 | 117480 | ||||||
| GRF | 600417 | Medicaid Provider Audits | $ | 1,484,001 | $ | 1,497,886 | 117481 | ||||
| GRF | 600420 | Child Support Administration | $ | 9,169,234 | $ | 9,231,310 | 117482 | ||||
| GRF | 600421 | Office of Family Stability | $ | 4,653,955 | $ | 4,720,001 | 117483 | ||||
| GRF | 600423 | Office of Children and Families | $ | 6,494,545 | $ | 6,580,782 | 117484 | ||||
| GRF | 600425 | Office of Ohio Health Plans | 117485 | ||||||||
| State | $ | 14,688,390 | $ | 11,452,327 | 117486 | ||||||
| Federal | $ | 15,287,916 | $ | 11,919,769 | 117487 | ||||||
| Office of Ohio Health Plans Total | $ | 29,976,306 | $ | 23,372,096 | 117488 | ||||||
| GRF | 600502 | Administration - Local | $ | 23,582,308 | $ | 23,150,288 | 117489 | ||||
| GRF | 600511 | Disability Financial Assistance | $ | 36,037,712 | $ | 38,684,457 | 117490 | ||||
| GRF | 600521 | Entitlement Administration - Local | $ | 107,026,181 | $ | 100,893,286 | 117491 | ||||
| GRF | 600523 | Children and Families Services | $ | 75,709,378 | $ | 75,709,378 | 117492 | ||||
| GRF | 600525 | Health Care/Medicaid | 117493 | ||||||||
| State | $ | 2,493,379,157 | $ | 3,539,256,149 | 117494 | ||||||
| Federal | $ | 6,372,697,855 | $ | 7,407,374,830 | 117495 | ||||||
| Health Care Total | $ | 8,866,077,012 | $ | 10,946,630,979 | 117496 | ||||||
| GRF | 600526 | Medicare Part D | $ | 271,746,617 | $ | 287,194,790 | 117497 | ||||
| GRF | 600528 | Adoption Services | 117498 | ||||||||
| State | $ | 38,722,700 | $ | 41,060,302 | 117499 | ||||||
| Federal | $ | 49,792,948 | $ | 47,455,346 | 117500 | ||||||
| Adoption Services Total | $ | 88,515,648 | $ | 88,515,648 | 117501 | ||||||
| GRF | 600533 | Child, Family, and Adult Community & Protective Services | $ | 50,000,000 | $ | 50,000,000 | 117502 | ||||
| GRF | 600534 | Adult Protective Services | $ | 522,040 | $ | 511,453 | 117503 | ||||
| GRF | 600535 | Early Care and Education | $ | 173,000,000 | $ | 173,000,000 | 117504 | ||||
| GRF | 600537 | Children's Hospital | $ | 6,000,000 | $ | 6,000,000 | 117505 | ||||
| GRF | 600540 | Second Harvest Food Banks | $ | 3,500,000 | $ | 3,500,000 | 117506 | ||||
| GRF | 600541 | Kinship Permanency Incentive Program | $ | 5,000,000 | $ | 5,000,000 | 117507 | ||||
| GRF | 600661 | Child Care - Federal Stimulus | $ | 8,915,224 | $ | 13,459,664 | 117508 | ||||
| TOTAL GRF General Revenue Fund | 117509 | ||||||||||
| State | $ | 3,754,146,383 | $ | 4,833,250,155 | 117510 | ||||||
| Federal | $ | 6,457,335,292 | $ | 7,486,430,870 | 117511 | ||||||
| GRF Total | $ | 10,211,481,675 | $ | 12,319,681,025 | 117512 | ||||||
| General Services Fund Group | 117513 |
| 4A80 | 600658 | Child Support Collections | $ | 26,000,000 | $ | 26,000,000 | 117514 | ||||
| 4R40 | 600665 | BCII Services/Fees | $ | 36,974 | $ | 36,974 | 117515 | ||||
| 5BG0 | 600653 | Managed Care Assessment | $ | 168,914,857 | $ | 0 | 117516 | ||||
| 5C90 | 600671 | Medicaid Program Support | $ | 69,876,838 | $ | 68,313,238 | 117517 | ||||
| 5DL0 | 600639 | Medicaid Revenue and Collections | $ | 99,916,750 | $ | 63,600,000 | 117518 | ||||
| 5DM0 | 600633 | Administration & Operating | $ | 19,853,583 | $ | 19,928,733 | 117519 | ||||
| 5FX0 | 600638 | Medicaid Payment Withholding | $ | 26,000,000 | $ | 26,000,000 | 117520 | ||||
| 5N10 | 600677 | County Technologies | $ | 1,000,000 | $ | 1,000,000 | 117521 | ||||
| 5P50 | 600692 | Health Care Services | $ | 84,052,802 | $ | 226,469,478 | 117522 | ||||
| 6130 | 600645 | Training Activities | $ | 110,000 | $ | 110,000 | 117523 | ||||
| TOTAL GSF General Services | 117524 | ||||||||||
| Fund Group | $ | 495,761,804 | $ | 431,458,423 | 117525 | ||||||
| Federal Special Revenue Fund Group | 117526 |
| 3270 | 600606 | Child Welfare | $ | 33,972,321 | $ | 33,984,200 | 117527 | ||||
| 3310 | 600686 | Federal Operating | $ | 60,672,731 | $ | 56,569,912 | 117528 | ||||
| 3840 | 600610 | Food Assistance and State Administration | $ | 159,109,776 | $ | 159,109,427 | 117529 | ||||
| 3850 | 600614 | Refugee Services | $ | 10,497,024 | $ | 11,265,511 | 117530 | ||||
| 3950 | 600616 | Special Activities/Child and Family Services | $ | 3,113,200 | $ | 2,813,200 | 117531 | ||||
| 3960 | 600620 | Social Services Block Grant | $ | 120,000,000 | $ | 120,000,000 | 117532 | ||||
| 3970 | 600626 | Child Support | $ | 305,830,981 | $ | 305,832,341 | 117533 | ||||
| 3980 | 600627 | Adoption Maintenance/ Administration | $ | 355,345,646 | $ | 352,184,668 | 117534 | ||||
| 3A20 | 600641 | Emergency Food Distribution | $ | 9,953,222 | $ | 4,970,000 | 117535 | ||||
| 3AW0 | 600675 | Faith Based Initiatives | $ | 544,140 | $ | 544,140 | 117536 | ||||
| 3D30 | 600648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 117537 | ||||
| 3F00 | 600623 | Health Care Federal | $ | 3,208,537,567 | $ | 2,429,425,188 | 117538 | ||||
| 3F00 | 600650 | Hospital Care Assurance Match | $ | 362,092,785 | $ | 367,826,196 | 117539 | ||||
| 3G50 | 600655 | Interagency Reimbursement | $ | 1,703,777,044 | $ | 1,666,905,912 | 117540 | ||||
| 3H70 | 600617 | Child Care Federal | $ | 241,862,780 | $ | 241,862,779 | 117541 | ||||
| 3N00 | 600628 | IV-E Foster Care Maintenance | $ | 169,324,768 | $ | 161,644,455 | 117542 | ||||
| 3S50 | 600622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 117543 | ||||
| 3V00 | 600688 | Workforce Investment Act | $ | 326,923,124 | $ | 327,145,616 | 117544 | ||||
| 3V40 | 600678 | Federal Unemployment Programs | $ | 167,478,790 | $ | 136,982,528 | 117545 | ||||
| 3V40 | 600679 | Unemployment Compensation Review Commission - Federal | $ | 3,487,473 | $ | 3,487,473 | 117546 | ||||
| 3V60 | 600689 | TANF Block Grant | $ | 755,528,435 | $ | 760,614,433 | 117547 | ||||
| TOTAL FED Federal Special Revenue | 117548 | ||||||||||
| Fund Group | $ | 8,000,626,381 | $ | 7,145,742,553 | 117549 | ||||||
| State Special Revenue Fund Group | 117550 |
| 1980 | 600647 | Children's Trust Fund | $ | 5,881,011 | $ | 5,881,011 | 117551 | ||||
| 4A90 | 600607 | Unemployment Compensation Administration Fund | $ | 27,134,851 | $ | 37,772,416 | 117552 | ||||
| 4A90 | 600694 | Unemployment Compensation Review Commission | $ | 2,357,197 | $ | 2,431,133 | 117553 | ||||
| 4E30 | 600605 | Nursing Home Assessments | $ | 4,759,914 | $ | 4,759,914 | 117554 | ||||
| 4E70 | 600604 | Child and Family Services Collections | $ | 300,000 | $ | 300,000 | 117555 | ||||
| 4F10 | 600609 | Foundation Grants/Child & Family Services | $ | 250,000 | $ | 250,000 | 117556 | ||||
| 4J50 | 600613 | Nursing Facility Bed Assessments | $ | 36,713,984 | $ | 36,713,984 | 117557 | ||||
| 4J50 | 600618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 117558 | ||||
| 4K10 | 600621 | ICF/MR Bed Assessments | $ | 28,261,826 | $ | 29,482,434 | 117559 | ||||
| 4R30 | 600687 | Banking Fees | $ | 700,000 | $ | 700,000 | 117560 | ||||
| 4Z10 | 600625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | 117561 | ||||
| 5AJ0 | 600631 | Money Follows the Person | $ | 6,286,485 | $ | 6,195,163 | 117562 | ||||
| 5DB0 | 600637 | Military Injury Grants | $ | 2,000,000 | $ | 2,000,000 | 117563 | ||||
| 5DP0 | 600634 | Adoption Assistance Loan | $ | 500,000 | 500,000 | 117564 | |||||
| 5ES0 | 600630 | Food Assistance | $ | 500,000 | $ | 500,000 | 117565 | ||||
| 5F20 | 600667 | Building Consolidation | $ | 250,000 | $ | 250,000 | 117566 | ||||
| 5F30 | 600668 | Building Consolidation | $ | 1,000,000 | $ | 1,000,000 | 117567 | ||||
| 5GC0 | 600640 | GOFBCI/Family Stability | $ | 70,000 | $ | 70,000 | 117568 | ||||
| 5GF0 | 600656 | Medicaid - Hospital | $ | 338,505,284 | $ | 370,861,816 | 117569 | ||||
| 5Q90 | 600619 | Supplemental Inpatient Hospital Payments | $ | 56,125,998 | $ | 56,125,998 | 117570 | ||||
| 5R20 | 600608 | Medicaid-Nursing Facilities | $ | 329,947,751 | $ | 341,125,000 | 117571 | ||||
| 5S30 | 600629 | MR/DD Medicaid Administration and Oversight | $ | 2,070,707 | $ | 5,493,954 | 117572 | ||||
| 5U30 | 600654 | Health Care Services Administration | $ | 12,017,389 | $ | 14,393,903 | 117573 | ||||
| 5U60 | 600663 | Children and Family Support | $ | 4,719,470 | $ | 4,719,470 | 117574 | ||||
| 6510 | 600649 | Hospital Care Assurance Program Fund | $ | 220,612,051 | $ | 218,164,239 | 117575 | ||||
| TOTAL SSR State Special Revenue | 117576 | ||||||||||
| Fund Group | $ | 1,106,663,918 | $ | 1,165,390,435 | 117577 | ||||||
| Agency Fund Group | 117578 |
| 1920 | 600646 | Support Intercept - Federal | $ | 130,000,000 | $ | 130,000,000 | 117579 | ||||
| 5830 | 600642 | Support Intercept - State | $ | 16,000,000 | $ | 16,000,000 | 117580 | ||||
| 5B60 | 600601 | Food Assistance Intercept | $ | 2,000,000 | $ | 2,000,000 | 117581 | ||||
| TOTAL AGY Agency Fund Group | $ | 148,000,000 | $ | 148,000,000 | 117582 | ||||||
| Holding Account Redistribution Fund Group | 117583 |
| R012 | 600643 | Refunds and Audit Settlements | $ | 3,600,000 | $ | 3,600,000 | 117584 | ||||
| R013 | 600644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 117585 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 3,610,000 | $ | 3,610,000 | 117586 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 19,966,143,778 | $ | 21,213,882,436 | 117587 | ||||||
| Section 309.20. SUPPORT SERVICES | 117589 |
| Section 309.20.10. AGENCY FUND GROUP | 117590 |
| The Agency Fund Group and Holding Account Redistribution Fund | 117591 |
| Group shall be used to hold revenues until the appropriate fund is | 117592 |
| determined or until the revenues are directed to the appropriate | 117593 |
| governmental agency other than the Department of Job and Family | 117594 |
| Services. If receipts credited to the Support Intercept – Federal | 117595 |
| Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830), | 117596 |
| the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit | 117597 |
| Settlements Fund (Fund R012), or the Forgery Collections Fund | 117598 |
| (Fund R013) exceed the amounts appropriated from the fund, the | 117599 |
| Director of Job and Family Services may request the Director of | 117600 |
| Budget and Management to authorize expenditures from the fund in | 117601 |
| excess of the amounts appropriated. Upon the approval of the | 117602 |
| Director of Budget and Management, the additional amounts are | 117603 |
| hereby appropriated. | 117604 |
| Section 309.30. MEDICAID | 117605 |
| Section 309.30.10. HEALTH CARE/MEDICAID | 117606 |
| The foregoing appropriation item 600525, Health | 117607 |
| Care/Medicaid, shall not be limited by section 131.33 of the | 117608 |
| Revised Code. | 117609 |
| Section 309.30.12. MEDICAID COVERAGE OF OXYGEN SERVICES TO | 117610 |
| ICF/MR RESIDENTS | 117611 |
| Of the foregoing appropriation item 600525, Health | 117612 |
| Care/Medicaid, $30,000 in each fiscal year shall be used to | 117613 |
| reimburse medical suppliers of oxygen services in accordance with | 117614 |
| section 5111.236 of the Revised Code. | 117615 |
| Section 309.30.15. CHILDREN'S HOSPITALS | 117616 |
| (A) As used in this section: | 117617 |
| (1) "Children's hospital" means a hospital that primarily | 117618 |
| serves patients eighteen years of age and younger and is excluded | 117619 |
| from Medicare prospective payment in accordance with 42 C.F.R. | 117620 |
| 412.23(d). | 117621 |
| (2) "Medicaid inpatient cost-to-charge ratio" means the | 117622 |
| historic Medicaid inpatient cost-to-charge ratio applicable to a | 117623 |
| hospital as described in rules adopted by the Director of Job and | 117624 |
| Family Services in paragraph (B)(2) of rule 5101:3-2-22 of the | 117625 |
| Administrative Code. | 117626 |
| (B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of | 117627 |
| the Administrative Code and except as provided in division (C) of | 117628 |
| this section, the Director of Job and Family Services shall pay a | 117629 |
| children's hospital that meets the criteria in paragraphs (E)(1) | 117630 |
| and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each | 117631 |
| cost outlier claim made in fiscal years 2010 and 2011, an amount | 117632 |
| that is the product of the hospital's allowable charges and the | 117633 |
| hospital's Medicaid inpatient cost-to-charge ratio. | 117634 |
| (C) The Director of Job and Family Services shall cease | 117635 |
| paying a children's hospital for a cost outlier claim under the | 117636 |
| methodology in division (B) of this section and revert to paying | 117637 |
| the hospital for such a claim according to the methodology in | 117638 |
| paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the | 117639 |
| Administrative Code, as applicable, when the difference between | 117640 |
| the total amount the Director has paid according to the | 117641 |
| methodology in division (B) of this section for such claims and | 117642 |
| the total amount the Director would have paid according to the | 117643 |
| methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of | 117644 |
| the Administrative Code for such claims, as the applicable | 117645 |
| paragraph existed on June 30, 2009, exceeds the sum of the state | 117646 |
| funds and corresponding federal match earmarked in division (F) | 117647 |
| of this section. | 117648 |
| (D) The Director of Job and Family Services shall make | 117649 |
| supplemental Medicaid payments to hospitals for inpatient services | 117650 |
| under a program modeled after the program the Department of Job | 117651 |
| and Family Services was required to create for fiscal years 2006 | 117652 |
| and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th | 117653 |
| General Assembly if the difference between the total amount the | 117654 |
| Director has paid according to the methodology in division (B) of | 117655 |
| this section for cost outlier claims and the total amount the | 117656 |
| Director would have paid according to the methodology in paragraph | 117657 |
| (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code | 117658 |
| for such claims, as the applicable paragraph existed on June 30, | 117659 |
| 2009, does not require the expenditure of all state and federal | 117660 |
| funds earmarked in division (F) of this section for the applicable | 117661 |
| fiscal year. The program may be the same as the program the | 117662 |
| Director used for making the payments to hospitals for fiscal | 117663 |
| years 2008 and 2009 under Section 309.30.13 of Am. Sub. H.B. 119 | 117664 |
| of the 127th General Assembly. | 117665 |
| (E) The Director of Job and Family Services shall not adopt, | 117666 |
| amend, or rescind any rules that would result in decreasing the | 117667 |
| amount paid to children's hospitals under division (B) of this | 117668 |
| section for cost outlier claims. | 117669 |
| (F) Of the foregoing appropriation item, 600537, Children's | 117670 |
| Hospital, up to $6 million (state share) in each fiscal year plus | 117671 |
| the corresponding federal match, if available, shall be used by | 117672 |
| the Department to pay the amounts described in division (B) of | 117673 |
| this section. | 117674 |
| Section 309.30.20. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT | 117675 |
| SYSTEM FOR NURSING FACILITIES | 117676 |
| (A) As used in this section: | 117677 |
| "Franchise permit fee," "Medicaid days," "nursing facility," | 117678 |
| and "provider" have the same meanings as in section 5111.20 of the | 117679 |
| Revised Code. | 117680 |
| "Nursing facility services" means nursing facility services | 117681 |
| covered by the Medicaid program that a nursing facility provides | 117682 |
| to a resident of the nursing facility who is a Medicaid recipient | 117683 |
| eligible for Medicaid-covered nursing facility services. | 117684 |
| (B) Except as otherwise provided by this section, the | 117685 |
| provider of a nursing facility that has a valid Medicaid provider | 117686 |
| agreement on June 30, 2009, and a valid Medicaid provider | 117687 |
| agreement during fiscal year 2010 shall be paid, for nursing | 117688 |
| facility services the nursing facility provides during fiscal year | 117689 |
| 2010, the rate calculated for the nursing facility under sections | 117690 |
| 5111.20 to 5111.33 of the Revised Code with the following | 117691 |
| adjustments: | 117692 |
| (1) The nursing facility's rate for capital costs shall be | 117693 |
| the greater of the following: | 117694 |
| (a) The sum calculated under division (B)(2) of section | 117695 |
| 5111.25 of the Revised Code for the nursing facility; | 117696 |
| (b) The median rate for capital costs for the nursing | 117697 |
| facilities in the nursing facility's peer group as determined | 117698 |
| under division (D) of section 5111.25 of the Revised Code, | 117699 |
| adjusted as follows: | 117700 |
| (i) Increase the rate so determined by two per cent; | 117701 |
| (ii) Increase the rate determined under division (B)(1)(b)(i) | 117702 |
| of this section by two per cent; | 117703 |
| (iii) Increase the rate determined under division | 117704 |
| (B)(1)(b)(ii) of this section by one per cent. | 117705 |
| (2) The cost per case mix-unit calculated under section | 117706 |
| 5111.231 of the Revised Code, the rate for ancillary and support | 117707 |
| costs calculated under section 5111.24 of the Revised Code, and | 117708 |
| the rate for tax costs calculated under section 5111.242 of the | 117709 |
| Revised Code shall each be adjusted as follows: | 117710 |
| (a) Increase the cost and rates so calculated by two per | 117711 |
| cent; | 117712 |
| (b) Increase the cost and rates determined under division | 117713 |
| (B)(2)(a) of this section by two per cent; | 117714 |
| (c) Increase the cost and rates determined under division | 117715 |
| (B)(2)(b) of this section by one per cent. | 117716 |
| (3) The mean payment used in the calculation of the quality | 117717 |
| incentive payment made under section 5111.244 of the Revised Code | 117718 |
| shall be, weighted by Medicaid days, three dollars and three cents | 117719 |
| per Medicaid day. | 117720 |
| (4) The rate, after the adjustments under divisions (B)(1), | 117721 |
| (2), and (3) of this section are made, shall be further increased | 117722 |
| by three dollars per Medicaid day. | 117723 |
| (C) If the rate determined for a nursing facility under | 117724 |
| division (B) of this section for nursing facility services | 117725 |
| provided during fiscal year 2010 is more than the rate the | 117726 |
| provider is paid for nursing facility services the nursing | 117727 |
| facility provides on June 30, 2009, the Department of Job and | 117728 |
| Family Services shall reduce the nursing facility's fiscal year | 117729 |
| 2010 rate by one-half of the difference between the rate | 117730 |
| determined for the nursing facility under division (B) of this | 117731 |
| section and the nursing facility's rate for June 30, 2009. If the | 117732 |
| rate determined for a nursing facility under division (B) of this | 117733 |
| section for nursing facility services provided during fiscal year | 117734 |
| 2010 is less than the rate the provider is paid for nursing | 117735 |
| facility services the nursing facility provides on June 30, 2009, | 117736 |
| the Department shall increase the nursing facility's fiscal year | 117737 |
| 2010 rate by five-sixths of the difference between the rate | 117738 |
| determined for the nursing facility under division (B) of this | 117739 |
| section and the nursing facility's rate for June 30, 2009. | 117740 |
| (D) After the adjustments under divisions (B) and (C) of this | 117741 |
| section are made to a nursing facility's fiscal year 2010 rate, | 117742 |
| the Department of Job and Family Services shall increase the | 117743 |
| nursing facility's fiscal year 2010 rate by five dollars per | 117744 |
| Medicaid day if the nursing facility has more than two hundred | 117745 |
| fifty beds certified for the Medicaid program. | 117746 |
| (E) If the United States Centers for Medicare and Medicaid | 117747 |
| Services requires that the franchise permit fee be reduced or | 117748 |
| eliminated, the Department of Job and Family Services shall reduce | 117749 |
| the amount it pays providers of nursing facility services under | 117750 |
| this section as necessary to reflect the loss to the state of the | 117751 |
| revenue and federal financial participation generated from the | 117752 |
| franchise permit fee. | 117753 |
| (F) The Department of Job and Family Services shall follow | 117754 |
| this section in determining the rate to be paid to the provider of | 117755 |
| a nursing facility that has a valid Medicaid provider agreement on | 117756 |
| June 30, 2009, and a valid Medicaid provider agreement during | 117757 |
| fiscal year 2010 notwithstanding anything to the contrary in | 117758 |
| sections 5111.20 to 5111.33 of the Revised Code. | 117759 |
| Section 309.30.30. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT | 117760 |
| SYSTEM FOR NURSING FACILITIES | 117761 |
| (A) As used in this section: | 117762 |
| "Franchise permit fee," "Medicaid days," "nursing facility," | 117763 |
| and "provider" have the same meanings as in section 5111.20 of the | 117764 |
| Revised Code. | 117765 |
| "Nursing facility services" means nursing facility services | 117766 |
| covered by the Medicaid program that a nursing facility provides | 117767 |
| to a resident of the nursing facility who is a Medicaid recipient | 117768 |
| eligible for Medicaid-covered nursing facility services. | 117769 |
| (B) Except as otherwise provided by this section, the | 117770 |
| provider of a nursing facility that has a valid Medicaid provider | 117771 |
| agreement on June 30, 2010, and a valid Medicaid provider | 117772 |
| agreement during fiscal year 2011 shall be paid, for nursing | 117773 |
| facility services the nursing facility provides during fiscal year | 117774 |
| 2011, the rate calculated for the nursing facility under sections | 117775 |
| 5111.20 to 5111.33 of the Revised Code with the following | 117776 |
| adjustments: | 117777 |
| (1) The nursing facility's rate for capital costs shall be | 117778 |
| the greater of the following: | 117779 |
| (a) The sum calculated under division (B)(2) of section | 117780 |
| 5111.25 of the Revised Code for the nursing facility; | 117781 |
| (b) The median rate for capital costs for the nursing | 117782 |
| facilities in the nursing facility's peer group as determined | 117783 |
| under division (D) of section 5111.25 of the Revised Code, | 117784 |
| adjusted as follows: | 117785 |
| (i) Increase the rate so determined by two per cent; | 117786 |
| (ii) Increase the rate determined under division (B)(1)(b)(i) | 117787 |
| of this section by two per cent; | 117788 |
| (iii) Increase the rate determined under division | 117789 |
| (B)(1)(b)(ii) of this section by one per cent. | 117790 |
| (2) The cost per case mix-unit calculated under section | 117791 |
| 5111.231 of the Revised Code, the rate for ancillary and support | 117792 |
| costs calculated under section 5111.24 of the Revised Code, and | 117793 |
| the rate for tax costs calculated under section 5111.242 of the | 117794 |
| Revised Code shall each be adjusted as follows: | 117795 |
| (a) Increase the cost and rates so calculated by two per | 117796 |
| cent; | 117797 |
| (b) Increase the cost and rates determined under division | 117798 |
| (B)(2)(a) of this section by two per cent; | 117799 |
| (c) Increase the cost and rates determined under division | 117800 |
| (B)(2)(b) of this section by one per cent. | 117801 |
| (3) The mean payment used in the calculation of the quality | 117802 |
| incentive payment made under section 5111.244 of the Revised Code | 117803 |
| shall be, weighted by Medicaid days, three dollars and three cents | 117804 |
| per Medicaid day. | 117805 |
| (4) The rate, after the adjustments under divisions (B)(1), | 117806 |
| (2), and (3) of this section are made, shall be further increased | 117807 |
| by five dollars and thirty-five cents per Medicaid day. | 117808 |
| (C) If the rate determined for a nursing facility under | 117809 |
| division (B) of this section for nursing facility services | 117810 |
| provided during fiscal year 2011 is less than the rate the | 117811 |
| provider is paid for nursing facility services the nursing | 117812 |
| facility provides on June 30, 2009, the Department of Job and | 117813 |
| Family Services shall increase the nursing facility's fiscal year | 117814 |
| 2011 rate by two-thirds of the difference between the rate | 117815 |
| determined for the nursing facility under division (B) of this | 117816 |
| section and the nursing facility's rate for June 30, 2009. | 117817 |
| (D) After the adjustments under divisions (B) and (C) of this | 117818 |
| section are made to a nursing facility's fiscal year 2011 rate, | 117819 |
| the Department of Job and Family Services shall increase the | 117820 |
| nursing facility's fiscal year 2011 rate by five dollars per | 117821 |
| Medicaid day if the nursing facility has more than two hundred | 117822 |
| fifty beds certified for the Medicaid program. | 117823 |
| (E) If the United States Centers for Medicare and Medicaid | 117824 |
| Services requires that the franchise permit fee be reduced or | 117825 |
| eliminated, the Department of Job and Family Services shall reduce | 117826 |
| the amount it pays providers of nursing facility services under | 117827 |
| this section as necessary to reflect the loss to the state of the | 117828 |
| revenue and federal financial participation generated from the | 117829 |
| franchise permit fee. | 117830 |
| (F) The Department of Job and Family Services shall follow | 117831 |
| this section in determining the rate to be paid to the provider of | 117832 |
| a nursing facility that has a valid Medicaid provider agreement on | 117833 |
| June 30, 2010, and a valid Medicaid provider agreement during | 117834 |
| fiscal year 2011 notwithstanding anything to the contrary in | 117835 |
| sections 5111.20 to 5111.33 of the Revised Code. | 117836 |
| Section 309.30.60. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT | 117837 |
| SYSTEM FOR ICFs/MR | 117838 |
| (A) As used in this section: | 117839 |
| "Change of operator," "entering operator," and "exiting | 117840 |
| operator" have the same meanings as in section 5111.65 of the | 117841 |
| Revised Code. | 117842 |
| "Franchise permit fee" and "provider" have the same meanings | 117843 |
| as in section 5111.20 of the Revised Code. | 117844 |
| "ICF/MR" means an intermediate care facility for the mentally | 117845 |
| retarded as defined in section 5111.20 of the Revised Code. | 117846 |
| "ICF/MR services" means services covered by the Medicaid | 117847 |
| program that an ICF/MR provides to a Medicaid recipient eligible | 117848 |
| for the services. | 117849 |
| "Medicaid days" means all days during which a resident who is | 117850 |
| a Medicaid recipient occupies a bed in an ICF/MR that is included | 117851 |
| in the ICF/MR's Medicaid-certified capacity. Therapeutic or | 117852 |
| hospital leave days for which payment is made under section | 117853 |
| 5111.33 of the Revised Code are considered Medicaid days | 117854 |
| proportionate to the percentage of the ICF/MR's per resident per | 117855 |
| day rate paid for those days. | 117856 |
| "Per diem rate" means the per diem rate calculated pursuant | 117857 |
| to sections 5111.20 to 5111.33 of the Revised Code. | 117858 |
| (B) This section applies to providers of ICFs/MR to which | 117859 |
| either of the following applies: | 117860 |
| (1) The provider has a valid Medicaid provider agreement for | 117861 |
| the ICF/MR on June 30, 2009, and a valid Medicaid provider | 117862 |
| agreement for the ICF/MR during fiscal year 2010. | 117863 |
| (2) The ICF/MR undergoes a change of operator effective July | 117864 |
| 1, 2009, the exiting operator has a valid Medicaid provider | 117865 |
| agreement for the ICF/MR on June 30, 2009, and the entering | 117866 |
| operator has a valid Medicaid provider agreement for the ICF/MR | 117867 |
| during fiscal year 2010. | 117868 |
| (C) Except as otherwise provided by this section, the | 117869 |
| provider of an ICF/MR to which this section applies shall be paid, | 117870 |
| for ICF/MR services the ICF/MR provides during fiscal year 2010, | 117871 |
| the rate calculated for the ICF/MR under sections 5111.20 to | 117872 |
| 5111.33 of the Revised Code. | 117873 |
| (D) If the mean total per diem rate for all ICFs/MR in this | 117874 |
| state for fiscal year 2010, weighted by May 2009 Medicaid days and | 117875 |
| calculated as of July 1, 2009, exceeds $277.25, the Department | 117876 |
| shall reduce the total per diem rate for each ICF/MR to which | 117877 |
| this section applies by a percentage that is equal to the | 117878 |
| percentage by which the mean total per diem rate exceeds $277.25. | 117879 |
| (E) The rate of an ICF/MR set pursuant to this section shall | 117880 |
| not be subject to any adjustments authorized by sections 5111.20 | 117881 |
| to 5111.33 of the Revised Code, or any rule authorized by those | 117882 |
| sections, during the remainder of fiscal year 2010. | 117883 |
| (F) If the United States Centers for Medicare and Medicaid | 117884 |
| Services requires that the franchise permit fee be reduced or | 117885 |
| eliminated, the Department of Job and Family Services shall reduce | 117886 |
| the amount it pays providers of ICF/MR services under this section | 117887 |
| as necessary to reflect the loss to the state of the revenue and | 117888 |
| federal financial participation generated from the franchise | 117889 |
| permit fee. | 117890 |
| (G) The Department of Job and Family Services shall follow | 117891 |
| this section in determining the rate to be paid providers of | 117892 |
| ICF/MR services subject to this section notwithstanding anything | 117893 |
| to the contrary in sections 5111.20 to 5111.33 of the Revised | 117894 |
| Code. | 117895 |
| (H) Not later than September 30, 2009, the Director of Job | 117896 |
| and Family Services shall submit an amendment to the state | 117897 |
| Medicaid plan to the United States Secretary of Health and Human | 117898 |
| Services as necessary to implement this section. On receipt of | 117899 |
| the United States Secretary's approval of the amendment to the | 117900 |
| state Medicaid plan, the Director shall implement this section | 117901 |
| retroactive to the later of the effective date of the state | 117902 |
| Medicaid plan amendment or July 1, 2009. | 117903 |
| Section 309.30.70. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT | 117904 |
| SYSTEM FOR ICFs/MR | 117905 |
| (A) As used in this section: | 117906 |
| "Change of operator," "entering operator," and "exiting | 117907 |
| operator" have the same meanings as in section 5111.65 of the | 117908 |
| Revised Code. | 117909 |
| "Franchise permit fee" and "provider" have the same meanings | 117910 |
| as in section 5111.20 of the Revised Code. | 117911 |
| "ICF/MR" means an intermediate care facility for the mentally | 117912 |
| retarded as defined in section 5111.20 of the Revised Code. | 117913 |
| "ICF/MR services" means services covered by the Medicaid | 117914 |
| program that an ICF/MR provides to a Medicaid recipient eligible | 117915 |
| for the services. | 117916 |
| "Medicaid days" means all days during which a resident who is | 117917 |
| a Medicaid recipient occupies a bed in an ICF/MR that is included | 117918 |
| in the ICF/MR's Medicaid-certified capacity. Therapeutic or | 117919 |
| hospital leave days for which payment is made under section | 117920 |
| 5111.33 of the Revised Code are considered Medicaid days | 117921 |
| proportionate to the percentage of the ICF/MR's per resident per | 117922 |
| day rate paid for those days. | 117923 |
| "Per diem rate" means the per diem rate calculated pursuant | 117924 |
| to sections 5111.20 to 5111.33 of the Revised Code. | 117925 |
| (B) This section applies to providers of ICFs/MR to which | 117926 |
| either of the following applies: | 117927 |
| (1) The provider has a valid Medicaid provider agreement for | 117928 |
| the ICF/MR on June 30, 2010, and a valid Medicaid provider | 117929 |
| agreement for the ICF/MR during fiscal year 2011. | 117930 |
| (2) The ICF/MR undergoes a change of operator effective July | 117931 |
| 1, 2010, the exiting operator has a valid Medicaid provider | 117932 |
| agreement for the ICF/MR on June 30, 2010, and the entering | 117933 |
| operator has a valid Medicaid provider agreement for the ICF/MR | 117934 |
| during fiscal year 2011. | 117935 |
| (C) Except as otherwise provided by this section, the | 117936 |
| provider of an ICF/MR to which this section applies shall be paid, | 117937 |
| for ICF/MR services the ICF/MR provides during fiscal year 2011, | 117938 |
| the rate calculated for the ICF/MR under sections 5111.20 to | 117939 |
| 5111.33 of the Revised Code. | 117940 |
| (D) If the mean total per diem rate for all ICFs/MR in this | 117941 |
| state for fiscal year 2011, weighted by May 2010 Medicaid days and | 117942 |
| calculated as of July 1, 2010, exceeds $277.25, the Department | 117943 |
| shall reduce the total per diem rate for each ICF/MR to which | 117944 |
| this section applies by a percentage that is equal to the | 117945 |
| percentage by which the mean total per diem rate exceeds $277.25. | 117946 |
| (E) The rate of an ICF/MR set pursuant to this section shall | 117947 |
| not be subject to any adjustments authorized by sections 5111.20 | 117948 |
| to 5111.33 of the Revised Code, or any rule authorized by those | 117949 |
| sections, during the remainder of fiscal year 2011. | 117950 |
| (F) If the United States Centers for Medicare and Medicaid | 117951 |
| Services requires that the franchise permit fee be reduced or | 117952 |
| eliminated, the Department of Job and Family Services shall reduce | 117953 |
| the amount it pays providers of ICF/MR services under this section | 117954 |
| as necessary to reflect the loss to the state of the revenue and | 117955 |
| federal financial participation generated from the franchise | 117956 |
| permit fee. | 117957 |
| (G) The Department of Job and Family Services shall follow | 117958 |
| this section in determining the rate to be paid providers of | 117959 |
| ICF/MR services subject to this section notwithstanding anything | 117960 |
| to the contrary in sections 5111.20 to 5111.33 of the Revised | 117961 |
| Code. | 117962 |
| (H) Not later than September 30, 2010, the Director of Job | 117963 |
| and Family Services shall submit an amendment to the state | 117964 |
| Medicaid plan to the United States Secretary of Health and Human | 117965 |
| Services as necessary to implement this section. On receipt of | 117966 |
| the United States Secretary's approval of the amendment to the | 117967 |
| state Medicaid plan, the Director shall implement this section | 117968 |
| retroactive to the later of the effective date of the state | 117969 |
| Medicaid plan amendment or July 1, 2010. | 117970 |
| Section 309.30.71. ICF/MR REIMBURSEMENT STUDY COUNCIL | 117971 |
| (A) There is hereby created the ICF/MR Reimbursement Study | 117972 |
| Council consisting of all of the following members: | 117973 |
| (1) The Director of Job and Family Services; | 117974 |
| (2) The Deputy Director of the Office of Ohio Health Plans of | 117975 |
| the Department of Job and Family Services; | 117976 |
| (3) The Director of Mental Retardation and Developmental | 117977 |
| Disabilities; | 117978 |
| (4) One representative of Medicaid recipients residing in | 117979 |
| intermediate care facilities for the mentally retarded, appointed | 117980 |
| by the Governor; | 117981 |
| (5) Two representatives of each of the following | 117982 |
| organizations, appointed by their respective governing bodies: | 117983 |
| (a) The Ohio Provider Resource Association; | 117984 |
| (b) The Ohio Health Care Association. | 117985 |
| Initial appointments of members described in divisions (A)(4) | 117986 |
| and (5) of this section shall be made not later than thirty days | 117987 |
| after the effective date of this section. Vacancies shall be | 117988 |
| filled in the same manner as the original appointments. Members | 117989 |
| described in those divisions shall serve at the pleasure of the | 117990 |
| official or governing body making the appointment of the member. | 117991 |
| The Director of Job and Family Services shall serve as | 117992 |
| chairperson of the council. Members of the council shall serve | 117993 |
| without compensation, except to the extent that serving on the | 117994 |
| council is part of their regular duties of employment. | 117995 |
| (B) The council shall review the system established by | 117996 |
| sections 5111.20 to 5111.33 of the Revised Code for reimbursing | 117997 |
| intermediate care facilities for the mentally retarded under the | 117998 |
| Medicaid program. Not later than July 1, 2010, the council shall | 117999 |
| issue a report of its activities, findings, and recommendations to | 118000 |
| the Governor, the Speaker of the House of Representatives, and the | 118001 |
| President of the Senate. | 118002 |
| (C) In its consideration of the system for reimbursing | 118003 |
| intermediate care facilities for the mentally retarded under | 118004 |
| division (B) of this section, the council shall use the following | 118005 |
| principles: | 118006 |
| (1) The system should appropriately account for differences | 118007 |
| in acuity and service needs among individuals in institutional | 118008 |
| care facilities for the mentally retarded. | 118009 |
| (2) The system should support and encourage quality services, | 118010 |
| including both of the following elements: | 118011 |
| (a) A high level of coverage of direct care costs; | 118012 |
| (b) Pay for performance mechanisms. | 118013 |
| (3) The system should reflect appropriate recognition that | 118014 |
| virtually all individuals served in intermediate care facilities | 118015 |
| for the mentally retarded are Medicaid recipients. | 118016 |
| (4) The system should encourage cost-effective service | 118017 |
| delivery. | 118018 |
| (5) The system should encourage innovation in service | 118019 |
| delivery. | 118020 |
| (6) The system should encourage appropriate maintenance, | 118021 |
| improvement, and replacement of facilities. | 118022 |
| (D) The council shall cease to exist on the submission of a | 118023 |
| report under division (B) of this section. | 118024 |
| Section 309.30.73. INCREASE IN MEDICAID RATES FOR HOSPITAL | 118025 |
| INPATIENT AND OUTPATIENT SERVICES | 118026 |
| The Director of Job and Family Services shall amend rules | 118027 |
| adopted under section 5111.02 of the Revised Code as necessary to | 118028 |
| increase, for the period beginning January 1, 2010, and ending | 118029 |
| June 30, 2011, the Medicaid reimbursement rates for | 118030 |
| Medicaid-covered hospital inpatient services and hospital | 118031 |
| outpatient services to rates that result in an amount that is five | 118032 |
| per cent higher than the amount resulting from the rates in effect | 118033 |
| on December 31, 2009. | 118034 |
| Section 309.30.75. INCREASE IN MEDICAID RATES FOR COMMUNITY | 118035 |
| BEHAVIORAL HEALTH SERVICES | 118036 |
| (A) As used in this section, "community behavioral health | 118037 |
| services" means both of the following: | 118038 |
| (1) Community mental health services certified by the | 118039 |
| Director of Mental Health under section 5119.611 of the Revised | 118040 |
| Code; | 118041 |
| (2) Services provided by an alcohol and drug addiction | 118042 |
| program certified by the Department of Alcohol and Drug Addiction | 118043 |
| Services under section 3793.06 of the Revised Code. | 118044 |
| (B) The Director of Job and Family Services shall amend rules | 118045 |
| adopted under section 5111.02 of the Revised Code as necessary to | 118046 |
| do the following: | 118047 |
| (1) Increase, for fiscal year 2010, the Medicaid | 118048 |
| reimbursement rate ceilings for Medicaid-covered community | 118049 |
| behavioral health services to rate ceilings that result in an | 118050 |
| amount that is one-half of one per cent higher than the amount | 118051 |
| resulting from the rate ceilings in effect on June 30, 2009; | 118052 |
| (2) Increase, for fiscal year 2011, the Medicaid | 118053 |
| reimbursement rate ceilings for Medicaid-covered community | 118054 |
| behavioral health services to rate ceilings that result in an | 118055 |
| amount that is one-half of one per cent higher than the amount | 118056 |
| resulting from the rate ceilings in effect on June 30, 2010. | 118057 |
| Section 309.30.80. RESIDENTIAL STATE SUPPLEMENT TRANSFER | 118058 |
| The Department of Aging may transfer cash from the foregoing | 118059 |
| appropriation item 490412, Residential State Supplement, and the | 118060 |
| PASSPORT/Residential State Supplement Fund (Fund 4J40), to the | 118061 |
| Home and Community-Based Services for the Aged Fund (Fund 4J50), | 118062 |
| used by the Department of Job and Family Services to make benefit | 118063 |
| payments to Residential State Supplement recipients. The transfer | 118064 |
| shall be made using an intrastate transfer voucher. | 118065 |
| Section 309.30.90. MONEY FOLLOWS THE PERSON | 118066 |
| The Director of Budget and Management may seek Controlling | 118067 |
| Board approval to do any of the following in support of any home | 118068 |
| and community-based services Medicaid waiver component: | 118069 |
| (A) Create new funds and appropriation items associated with | 118070 |
| a unified long-term care budget; | 118071 |
| (B) Transfer cash between funds used by affected agencies; | 118072 |
| (C) Transfer appropriation between appropriation items within | 118073 |
| a fund and used by the same state agency. | 118074 |
| Any transfers of cash approved by the Controlling Board under | 118075 |
| this section are hereby appropriated. | 118076 |
| Section 309.31.10. MONEY FOLLOWS THE PERSON ENHANCED | 118077 |
| REIMBURSEMENT FUND | 118078 |
| The Money Follows the Person Enhanced Reimbursement Fund is | 118079 |
| hereby created in the state treasury. This is a continuation of | 118080 |
| the fund created by Section 751.20 of Am. Sub. H.B. 562 of the | 118081 |
| 127th General Assembly. The federal payments made to the state | 118082 |
| under subsection (e) of section 6071 of the "Deficit Reduction Act | 118083 |
| of 2005," Pub. L. No. 109-171, shall be deposited into the fund. | 118084 |
| The Department of Job and Family Services shall use money | 118085 |
| deposited into the fund for system reform activities related to | 118086 |
| the Money Follows the Person demonstration project. | 118087 |
| Section 309.31.20. MEDICARE PART D | 118088 |
| The foregoing appropriation item 600526, Medicare Part D, | 118089 |
| may be used by the Department of Job and Family Services for the | 118090 |
| implementation and operation of the Medicare Part D requirements | 118091 |
| contained in the "Medicare Prescription Drug, Improvement, and | 118092 |
| Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon | 118093 |
| the request of the Department of Job and Family Services, the | 118094 |
| Director of Budget and Management may transfer the state share of | 118095 |
| appropriations between appropriation item 600525, Health | 118096 |
| Care/Medicaid, or appropriation item 600526, Medicare Part D. If | 118097 |
| the state share of appropriation item 600525, Health | 118098 |
| Care/Medicaid, is adjusted, the Director of Budget and Management | 118099 |
| shall adjust the federal share accordingly. | 118100 |
| Section 309.31.30. OHIO ACCESS SUCCESS PROJECT AND | 118101 |
| IDENTIFICATION OF OVERPAYMENTS | 118102 |
| Notwithstanding any limitations in sections 3721.51 and | 118103 |
| 3721.56 of the Revised Code, in each fiscal year, cash from the | 118104 |
| Home and Community-Based Services for the Aged Fund (Fund 4J50), | 118105 |
| in excess of the amounts needed for the transfers to the | 118106 |
| PASSPORT/Residential State Supplement Fund (Fund 4J40) used by | 118107 |
| the Department of Aging, may be used by the Department of Job | 118108 |
| and Family Services for the following purposes: (A) up to | 118109 |
| $3,000,000 in each fiscal year to fund the state share of audits | 118110 |
| or limited reviews of Medicaid providers; and (B) up to $450,000 | 118111 |
| in each fiscal year to provide one-time transitional benefits | 118112 |
| under the Ohio Access Success Project that the Director of Job | 118113 |
| and Family Services may establish under section 5111.97 of the | 118114 |
| Revised Code. | 118115 |
| Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 118116 |
| AGING | 118117 |
| The Department of Job and Family Services shall transfer | 118118 |
| $33,263,984 cash in each fiscal year from the Home and | 118119 |
| Community-Based Services for the Aged Fund (Fund 4J50) to the | 118120 |
| PASSPORT/Residential State Supplement Fund (Fund 4J40), used by | 118121 |
| the Department of Aging. The transfer may occur on a quarterly | 118122 |
| basis or on a schedule developed and agreed to by both | 118123 |
| departments. The transfer shall be made using an intrastate | 118124 |
| transfer voucher. | 118125 |
| Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS | 118126 |
| (A) At least quarterly, the Director of Job and Family | 118127 |
| Services shall certify to the Director of Budget and Management | 118128 |
| both of the following: | 118129 |
| (1) The amount of offsets withheld under section 3721.541 of | 118130 |
| the Revised Code from payments made from the General Revenue Fund. | 118131 |
| (2) The amount of offsets withheld under section 5112.341 of | 118132 |
| the Revised Code from payments made from the General Revenue Fund. | 118133 |
| (B) The Director of Budget and Management may transfer cash | 118134 |
| from the General Revenue Fund to all of the following: | 118135 |
| (1) The Home and Community Based Services for the Aged Fund | 118136 |
| (Fund 4J50), or the Nursing Facility Stabilization Fund (Fund | 118137 |
| 5R20), in accordance with sections 3721.56 and 3721.561 of the | 118138 |
| Revised Code; | 118139 |
| (2) The ICF/MR Bed Assessments Fund (Fund 4K10). | 118140 |
| (C) Amounts transferred pursuant to this section are hereby | 118141 |
| appropriated. | 118142 |
| Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 118143 |
| MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES | 118144 |
| The Department of Job and Family Services shall transfer | 118145 |
| $12,000,000 cash in each fiscal year from the ICF/MR Bed | 118146 |
| Assessments Fund (Fund 4K10) to the Home and Community-Based | 118147 |
| Services Fund (Fund 4K80), used by the Department of Mental | 118148 |
| Retardation and Developmental Disabilities. The transfer may occur | 118149 |
| on a quarterly basis or on a schedule developed and agreed to by | 118150 |
| both departments. The transfer shall be made using an intrastate | 118151 |
| transfer voucher. | 118152 |
| Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES | 118153 |
| Notwithstanding any limitations contained in sections 5112.31 | 118154 |
| and 5112.37 of the Revised Code, in each fiscal year, cash from | 118155 |
| the ICF/MR Bed Assessments Fund (Fund 4K10) in excess of the | 118156 |
| amounts needed for transfers to the Home and Community-Based | 118157 |
| Services Fund (Fund 4K80), used by the Department of Mental | 118158 |
| Retardation and Developmental Disabilities, may be used by the | 118159 |
| Department of Job and Family Services to cover costs of care | 118160 |
| provided to participants in a waiver with an ICF/MR level of care | 118161 |
| requirement administered by the Department of Job and Family | 118162 |
| Services. | 118163 |
| Section 309.31.80. HOSPITAL CARE ASSURANCE MATCH | 118164 |
| The foregoing appropriation item 600650, Hospital Care | 118165 |
| Assurance Match, shall be used by the Department of Job and Family | 118166 |
| Services solely for distributing funds to hospitals under section | 118167 |
| 5112.08 of the Revised Code. | 118168 |
| Section 309.31.90. HEALTH CARE SERVICES ADMINISTRATION FUND | 118169 |
| Of the amount received by the Department of Job and Family | 118170 |
| Services during fiscal year 2010 and fiscal year 2011 from the | 118171 |
| first installment of assessments paid under section 5112.06 of the | 118172 |
| Revised Code and intergovernmental transfers made under section | 118173 |
| 5112.07 of the Revised Code, the Director of Job and Family | 118174 |
| Services shall deposit $350,000 in each fiscal year into the state | 118175 |
| treasury to the credit of the Health Care Services Administration | 118176 |
| Fund (Fund 5U30). | 118177 |
| Section 309.32.10. MEDICAID PROGRAM SUPPORT FUND - STATE | 118178 |
| The foregoing appropriation item 600671, Medicaid Program | 118179 |
| Support, shall be used by the Department of Job and Family | 118180 |
| Services to pay for Medicaid services and contracts. The | 118181 |
| Department may also deposit to Fund 5C90 revenues received from | 118182 |
| other state agencies for Medicaid services under the terms of | 118183 |
| interagency agreements between the Department and other state | 118184 |
| agencies, and all funds the Department recovers because the | 118185 |
| benefits a person received under the Disability Medical Assistance | 118186 |
| Program established in section 5115.10 of the Revised Code were | 118187 |
| determined to be covered by the Medicaid Program established under | 118188 |
| Chapter 5111. of the Revised Code. | 118189 |
| Section 309.32.20. TRANSFERS OF IMD/DSH CASH TO THE | 118190 |
| DEPARTMENT OF MENTAL HEALTH | 118191 |
| The Department of Job and Family Services shall transfer cash | 118192 |
| from the Medicaid Program Support Fund (Fund 5C90), to the | 118193 |
| Behavioral Health Medicaid Services Fund (Fund 4X50), used by the | 118194 |
| Department of Mental Health, in accordance with an interagency | 118195 |
| agreement that delegates authority from the Department of Job and | 118196 |
| Family Services to the Department of Mental Health to administer | 118197 |
| specified Medicaid services. The transfer shall be made using an | 118198 |
| intrastate transfer voucher. | 118199 |
| Section 309.32.30. PRESCRIPTION DRUG REBATE FUND | 118200 |
| The foregoing appropriation item 600692, Health Care | 118201 |
| Services, shall be used by the Department of Job and Family | 118202 |
| Services to pay for Medicaid services and contracts. | 118203 |
| Section 309.32.40. FEDERAL MATCH FOR ADAMHS BOARDS' | 118204 |
| ADMINISTRATIVE COSTS | 118205 |
| As used in this section, "community behavioral health boards" | 118206 |
| means boards of alcohol, drug addiction, and mental health | 118207 |
| services, community mental health boards, and alcohol and drug | 118208 |
| addiction services boards. | 118209 |
| The Director of Job and Family Services shall seek federal | 118210 |
| approval to establish a system under which community behavioral | 118211 |
| health boards obtain federal financial participation for the | 118212 |
| allowable administrative activities the boards perform in the | 118213 |
| administration of the Medicaid program. The Director shall | 118214 |
| implement the system on receipt of federal approval. The Director | 118215 |
| shall work with the Directors of Alcohol and Drug Addiction | 118216 |
| Services and Mental Health and representatives of community | 118217 |
| behavioral health boards when implementing this section. | 118218 |
| Section 309.32.60. MEDICAID NONEMERGENCY MEDICAL | 118219 |
| TRANSPORTATION MANAGEMENT PILOT PROGRAM | 118220 |
| (A) The Department of Job and Family Services shall establish | 118221 |
| a Medicaid nonemergency medical transportation management pilot | 118222 |
| program. The pilot program shall be operated for two years. | 118223 |
| (B) A county department of job and family services serving a | 118224 |
| county with a population greater than four hundred thousand | 118225 |
| persons may participate in the pilot program. A county department | 118226 |
| participating in the pilot program shall identify which groups of | 118227 |
| Medicaid recipients residing in the county shall be required to | 118228 |
| participate in the pilot program. The county department shall also | 118229 |
| contract with one or more medical transportation management | 118230 |
| organizations to have the organizations manage nonemergency | 118231 |
| medical transportation services provided under the Medicaid | 118232 |
| program to the groups required to participate in the pilot | 118233 |
| program. To be eligible to contract with a county department, a | 118234 |
| medical transportation management organization must have | 118235 |
| experience in coordinating nonemergency medical transportation | 118236 |
| services. | 118237 |
| (C) A medical transportation management organization that | 118238 |
| contracts with a county department shall report monthly to the | 118239 |
| county department. Each report shall contain all of the following | 118240 |
| information: | 118241 |
| (1) A description of the transportation services provided to | 118242 |
| Medicaid recipients participating in the pilot program, including | 118243 |
| details on the varying modes of transportation used in providing | 118244 |
| the services and the frequency at which the services were | 118245 |
| provided; | 118246 |
| (2) The number of times nonemergency medical transportation | 118247 |
| providers failed to arrive for an appointment to transport a | 118248 |
| participant in the pilot program; | 118249 |
| (3) The number of times nonemergency medical transportation | 118250 |
| providers were late for an appointment to transport a participant | 118251 |
| in the pilot program and the lengths of the delays; | 118252 |
| (4) The cost of the nonemergency medical transportation | 118253 |
| services provided to participants in the pilot program; | 118254 |
| (5) Other indicators of the quality of nonemergency | 118255 |
| transportation services provided to participants in the pilot | 118256 |
| program that the county department requests to be included in the | 118257 |
| reports. | 118258 |
| (D) On conclusion of the pilot program, the Department, with | 118259 |
| assistance from each county department that participated in the | 118260 |
| pilot program, shall submit a report regarding the pilot program | 118261 |
| to the Governor, and in accordance with section 101.68 of the | 118262 |
| Revised Code, the General Assembly. The report shall specify the | 118263 |
| amount of savings, if any, the Medicaid program realized as a | 118264 |
| result of the pilot program. | 118265 |
| Section 309.40. FAMILY STABILITY | 118266 |
| Section 309.40.10. FOOD STAMPS TRANSFER | 118267 |
| On July 1, 2009, or as soon as possible thereafter, the | 118268 |
| Director of Budget and Management may transfer up to $1,000,000 | 118269 |
| cash from the Food Stamp Program Fund (Fund 3840), to the Food | 118270 |
| Assistance Fund (Fund 5ES0). | 118271 |
| Section 309.40.20. NAME OF FOOD STAMP PROGRAM | 118272 |
| The Director of Job and Family Services is not required to | 118273 |
| amend rules regarding the Food Stamp Program to change the name of | 118274 |
| the program to the Supplemental Nutrition Assistance Program. The | 118275 |
| Director may refer to the program as the Food Stamp Program or | 118276 |
| the Food Assistance Program in rules and documents of the | 118277 |
| Department of Job and Family Services. | 118278 |
| Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD | 118279 |
| BANKS | 118280 |
| The foregoing appropriation item 600540, Second Harvest Food | 118281 |
| Banks, shall be used to provide funds to the Ohio Association of | 118282 |
| Second Harvest Food Banks to purchase and distribute food | 118283 |
| products. | 118284 |
| Notwithstanding section 5101.46 of the Revised Code and any | 118285 |
| other provision in this bill, in addition to funds designated for | 118286 |
| the Ohio Association of Second Harvest Food Banks in this | 118287 |
| section, in fiscal years 2010 and 2011, the Director of Job and | 118288 |
| Family Services shall provide assistance from eligible funds to | 118289 |
| the Ohio Association of Second Harvest Food Banks in an amount | 118290 |
| equal to the assistance provided in state fiscal year 2009. | 118291 |
| Section 309.40.35. ECONOMIC AND COMMUNITY DEVELOPMENT | 118292 |
| INSTITUTE | 118293 |
| Of the foregoing appropriation item 600410, TANF State, up to | 118294 |
| $325,000 in each fiscal year shall be provided to the Economic and | 118295 |
| Community Development Institute for matching funds provided to | 118296 |
| TANF eligible individuals through an individual development | 118297 |
| accounts program. | 118298 |
| Section 309.40.50. CHILD SUPPORT COLLECTIONS/TANF MOE | 118299 |
| The foregoing appropriation item 600658, Child Support | 118300 |
| Collections, shall be used by the Department of Job and Family | 118301 |
| Services to meet the TANF maintenance of effort requirements of 42 | 118302 |
| U.S.C. 609(a)(7). When the state is assured that it will meet the | 118303 |
| maintenance of effort requirement, the Department of Job and | 118304 |
| Family Services may use funds from appropriation item 600658, | 118305 |
| Child Support Collections, to support public assistance | 118306 |
| activities. | 118307 |
| Section 309.40.60. EARLY LEARNING INITIATIVE | 118308 |
| (A) As used in this section: | 118309 |
| (1) "Title IV-A services" means benefits and services that | 118310 |
| are allowable under Title IV-A of the "Social Security Act," as | 118311 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 118312 |
| benefits and services included in the term "assistance" as defined | 118313 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 118314 |
| excluded from the definition of the term "assistance" under 45 | 118315 |
| C.F.R. 260.31(b). | 118316 |
| (2) "Eligible child" means a child who is at least three | 118317 |
| years of age but not of compulsory school age or enrolled in | 118318 |
| kindergarten, is eligible for Title IV-A services, and whose | 118319 |
| family income at the time of application does not exceed two | 118320 |
| hundred per cent of the federal poverty guidelines. | 118321 |
| (3) "Early learning program" means a program for eligible | 118322 |
| children that provides Title IV-A services, according to the | 118323 |
| purposes listed in 45 C.F.R. 260.20(c), that are early learning | 118324 |
| services, as defined by pursuant to division (D)(1) of this | 118325 |
| section. | 118326 |
| (4) "Early learning provider" means an entity that operates | 118327 |
| an early learning program. | 118328 |
| (5) "Early learning agency" means an early learning provider | 118329 |
| or an entity that has entered into an agreement with an early | 118330 |
| learning provider requiring the early learning provider to operate | 118331 |
| an early learning program on behalf of the entity. | 118332 |
| (6) "Federal poverty line" has the same meaning as in section | 118333 |
| 5104.01 of the Revised Code. | 118334 |
| (7) "Of compulsory school age" has the same meaning as in | 118335 |
| section 3321.01 of the Revised Code. | 118336 |
| (B) The Early Learning Initiative is hereby established. The | 118337 |
| Department of Education and the Department of Job and Family | 118338 |
| Services shall administer the Initiative in accordance with | 118339 |
| sections 5101.80 and 5101.801 of the Revised Code. The Initiative | 118340 |
| shall provide early learning services to eligible children. Early | 118341 |
| learning services may be provided on a full-day basis, a part-day | 118342 |
| basis, or both a full-day and part-day basis. | 118343 |
| (C) The Department of Job and Family Services shall do both | 118344 |
| of the following: | 118345 |
| (1) Reimburse early learning agencies for services provided | 118346 |
| to eligible children according to the terms of the contract and | 118347 |
| the rules adopted under division (C)(2) of this section; | 118348 |
| (2) In consultation with the Department of Education, adopt | 118349 |
| rules in accordance with Chapter 119. of the Revised Code to | 118350 |
| implement the Early Learning Initiative. The rules shall include | 118351 |
| all of the following: | 118352 |
| (a) Provisions regarding the establishment of co-payments for | 118353 |
| families of eligible children whose family income is more than one | 118354 |
| hundred per cent of the federal poverty guidelines but equal to | 118355 |
| or less than the maximum amount of family income authorized for | 118356 |
| an eligible child as defined in division (A)(2) of this section; | 118357 |
| (b) An exemption from co-payment requirements for families | 118358 |
| whose family income is equal to or less than one hundred per cent | 118359 |
| of the federal poverty guideline; | 118360 |
| (c) A definition of "enrollment" for the purpose of | 118361 |
| compensating early learning agencies; | 118362 |
| (d) Provisions that establish compensation rates for early | 118363 |
| learning agencies based on the enrollment of eligible children; | 118364 |
| (e) Provisions for the completion of criminal record checks | 118365 |
| for employees of early learning agencies and early learning | 118366 |
| providers whereby sections 109.572(A)(8), (A)(9), and (B)(2) of | 118367 |
| the Revised Code are considered applicable to these employees; | 118368 |
| (f) Provisions for the timeline of eligibility determination; | 118369 |
| (g) A requirement that early learning programs licensed by | 118370 |
| the Department of Education under sections 3301.52 to 3301.59 of | 118371 |
| the Revised Code participate in the quality-rating program | 118372 |
| established under section 5104.30 of the Revised Code. | 118373 |
| (D) The Department of Education shall do all of the | 118374 |
| following: | 118375 |
| (1) Define the early learning services that will be provided | 118376 |
| to eligible children through the Early Learning Initiative; | 118377 |
| (2) In consultation with the Department of Job and Family | 118378 |
| Services, develop an application form and criteria for the | 118379 |
| selection of early learning agencies. The criteria shall require | 118380 |
| an early learning agency, or each early learning provider with | 118381 |
| which the agency has entered into an agreement for the operation | 118382 |
| of an early learning program on the agency's behalf, to be | 118383 |
| licensed by the Department of Education under sections 3301.52 to | 118384 |
| 3301.59 of the Revised Code or by the Department of Job and | 118385 |
| Family Services under Chapter 5104. of the Revised Code; | 118386 |
| (3) Establish early learning program guidelines for school | 118387 |
| readiness to assess the operation of early learning programs. | 118388 |
| (E) Any entity that seeks to be an early learning agency | 118389 |
| shall apply to the Department of Education by a deadline | 118390 |
| established by the Department. The Department of Education shall | 118391 |
| select entities that meet the criteria established under division | 118392 |
| (D)(2) of this section to be early learning agencies. Upon | 118393 |
| selection of an entity to be an early learning agency, the | 118394 |
| Department of Education shall designate the number of eligible | 118395 |
| children the agency may enroll. The Department of Education shall | 118396 |
| notify the Department of Job and Family Services of the number so | 118397 |
| designated. | 118398 |
| (F) The Department of Education and the Department of Job and | 118399 |
| Family Services shall enter into a contract with each early | 118400 |
| learning agency selected under division (E) of this section. The | 118401 |
| requirements of section 127.16 of the Revised Code do not apply to | 118402 |
| contracts entered into under this section. The contract shall | 118403 |
| outline the terms and conditions applicable to the provision of | 118404 |
| Title IV-A services for eligible children and shall include at | 118405 |
| least the following: | 118406 |
| (1) The respective duties of the early learning agency, the | 118407 |
| Department of Education, and the Department of Job and Family | 118408 |
| Services; | 118409 |
| (2) Requirements applicable to the allowable use of and | 118410 |
| accountability for compensation paid under the contract; | 118411 |
| (3) Reporting requirements, including a requirement that the | 118412 |
| early learning provider inform the Department of Education when | 118413 |
| the provider learns that a kindergarten eligible child will not be | 118414 |
| enrolled in kindergarten; | 118415 |
| (4) The compensation schedule payable under the contract; | 118416 |
| (5) Audit requirements; | 118417 |
| (6) Provisions for suspending, modifying, or terminating the | 118418 |
| contract. | 118419 |
| (G) If an early learning agency, or an early learning | 118420 |
| provider operating an early learning program on the agency's | 118421 |
| behalf, substantially fails to meet the early learning program | 118422 |
| guidelines for school readiness or exhibits substandard | 118423 |
| performance, as determined by the Department of Education, the | 118424 |
| agency shall develop and implement a corrective action plan. The | 118425 |
| Department of Education shall approve the corrective action plan | 118426 |
| prior to implementation. | 118427 |
| (H) If an early learning agency fails to implement a | 118428 |
| corrective action plan under division (G) of this section, the | 118429 |
| Department of Education may direct the Department of Job and | 118430 |
| Family Services to either withhold funding or request that the | 118431 |
| Department of Job and Family Services suspend or terminate the | 118432 |
| contract with the agency. | 118433 |
| (I) Each early learning program shall do all of the | 118434 |
| following: | 118435 |
| (1) Meet teacher qualification requirements prescribed by | 118436 |
| section 3301.311 of the Revised Code; | 118437 |
| (2) Align curriculum to the early learning content standards; | 118438 |
| (3) Meet any assessment requirements prescribed by section | 118439 |
| 3301.0715 of the Revised Code that apply to the program; | 118440 |
| (4) Require teachers, except teachers enrolled and working to | 118441 |
| obtain a degree pursuant to section 3301.311 of the Revised Code, | 118442 |
| to attend a minimum of twenty hours per biennium of professional | 118443 |
| development as prescribed by the Department of Education regarding | 118444 |
| the implementation of early learning program guidelines for school | 118445 |
| readiness; | 118446 |
| (5) Document and report child progress; | 118447 |
| (6) Meet and report compliance with the early learning | 118448 |
| program guidelines for school success; | 118449 |
| (7) Participate in early language and literacy classroom | 118450 |
| observation evaluation studies. | 118451 |
| (J) Each county Department of Job and Family Services shall | 118452 |
| determine eligibility for Title IV-A services for children seeking | 118453 |
| to enroll in an early learning program within fifteen days after | 118454 |
| receipt of a completed application in accordance with rules | 118455 |
| adopted under this section. | 118456 |
| (K) The provision of early learning services in an early | 118457 |
| learning program shall not prohibit or otherwise prevent an | 118458 |
| individual from obtaining certificates for payment under division | 118459 |
| (C) of section 5104.32 of the Revised Code. | 118460 |
| (L) Notwithstanding section 126.07 of the Revised Code: | 118461 |
| (1) Any fiscal year 2010 contract executed prior to July 1, | 118462 |
| 2009, between the Departments of Job and Family Services and | 118463 |
| Education and an early learning agency that was not an early | 118464 |
| learning agency as of June 30, 2009, shall be deemed to be | 118465 |
| effective as of July 1, 2009, upon issuance of a state purchase | 118466 |
| order, even if the purchase order is approved at some later date. | 118467 |
| (2) Any fiscal year 2010 contract executed between the | 118468 |
| Departments of Job and Family Services and Education and an early | 118469 |
| learning agency that had a valid contract for early learning | 118470 |
| services on June 30, 2009, shall be deemed to be effective as of | 118471 |
| July 1, 2009, upon the issuance of a state purchase order, even if | 118472 |
| the purchase order is approved at some later date. | 118473 |
| (3) Any fiscal year 2011 contract executed prior to July 1, | 118474 |
| 2010, between the Departments of Job and Family Services and | 118475 |
| Education and an early learning agency that was not an early | 118476 |
| learning agency as of June 30, 2010, shall be deemed to be | 118477 |
| effective as of July 1, 2010, upon issuance of a state purchase | 118478 |
| order, even if the purchase order is approved at some later date. | 118479 |
| (4) Any fiscal year 2011 contract executed between the | 118480 |
| Departments of Job and Family Services and Education and an early | 118481 |
| learning agency that had a valid contract for early learning | 118482 |
| services on June 30, 2010, shall be deemed to be effective as of | 118483 |
| July 1, 2010, upon the issuance of a state purchase order, even if | 118484 |
| the purchase order is approved at some later date. | 118485 |
| (M) The Departments of Job and Family Services and Education | 118486 |
| shall contract for up to 12,000 enrollment slots for eligible | 118487 |
| children in each fiscal year through the Early Learning | 118488 |
| Initiative. | 118489 |
| (N) Eligible expenditures for the Early Learning Initiative | 118490 |
| shall be claimed each fiscal year to help meet the state's TANF | 118491 |
| maintenance of effort requirement. The Superintendent of Public | 118492 |
| Instruction and the Director of Job and Family Services shall | 118493 |
| enter into an interagency agreement to carry out the requirements | 118494 |
| under this division, which shall include developing reporting | 118495 |
| guidelines for these expenditures. | 118496 |
| Section 309.45. CHILD WELFARE | 118497 |
| Section 309.45.10. ALTERNATIVE RESPONSE | 118498 |
| The Department of Job and Family Services shall develop, | 118499 |
| implement, oversee, and evaluate a pilot program based on an | 118500 |
| "Alternative Response" approach to reports of child abuse, | 118501 |
| neglect, and dependency. The pilot program shall be implemented in | 118502 |
| not more than ten counties that are selected by the Department and | 118503 |
| that agree to participate in the pilot program. The pilot program | 118504 |
| shall last eighteen months, not including time expended in | 118505 |
| preparation for the implementation of the pilot program and any | 118506 |
| post-pilot program evaluation activity. After the eighteen-month | 118507 |
| period, the ten sites may continue to administer the Alternative | 118508 |
| Response approach uninterrupted, unless the Department determines | 118509 |
| otherwise. | 118510 |
| The Department shall assure that the Alternative Response | 118511 |
| pilot program is independently evaluated with respect to outcomes | 118512 |
| for children and families, costs, worker satisfaction, and any | 118513 |
| other criteria the Department determines will be useful in the | 118514 |
| consideration of statewide implementation of an Alternative | 118515 |
| Response approach to child protection. The measure associated with | 118516 |
| the eighteen-month pilot program shall, for the purposes of the | 118517 |
| evaluation, be compared with those same measures in the pilot | 118518 |
| counties during the eighteen-month period immediately preceding | 118519 |
| the beginning of the pilot program period. If the independent | 118520 |
| evaluation of the pilot program recommends statewide | 118521 |
| implementation of an Alternative Response approach to child | 118522 |
| protection, the Department may expand the Alternative Response | 118523 |
| approach statewide through a schedule determined by the | 118524 |
| Department. Until that time, the Department may adopt rules in | 118525 |
| accordance with section 111.15 of the Revised Code, as if they | 118526 |
| were internal management rules, as necessary to carry out the | 118527 |
| purposes of this section. | 118528 |
| Section 309.45.15. INDEPENDENT LIVING SERVICES | 118529 |
| Of the foregoing appropriation item 600523, Children and | 118530 |
| Families Services, up to $1,500,000 in each fiscal year shall be | 118531 |
| used to provide independent living services to foster youth and | 118532 |
| former foster youth between 16 and 21 years of age. | 118533 |
| Section 309.45.21. CHILD, FAMILY, AND ADULT COMMUNITY AND | 118534 |
| PROTECTIVE SERVICES | 118535 |
| (A) The foregoing appropriation item 600533, Child, Family, | 118536 |
| and Adult Community & Protective Services, shall be distributed to | 118537 |
| each county department of job and family services using the | 118538 |
| formula the Department of Job and Family Services uses when | 118539 |
| distributing Title XX funds to county departments of job and | 118540 |
| family services under section 5101.46 of the Revised Code. County | 118541 |
| departments shall use the funds distributed to them under this | 118542 |
| section as follows, in accordance with the written plan of | 118543 |
| cooperation entered into under section 307.983 of the Revised | 118544 |
| Code: | 118545 |
| (1) To assist individuals achieve or maintain | 118546 |
| self-sufficiency, including by reducing or preventing dependency | 118547 |
| among individuals with family income not exceeding two hundred per | 118548 |
| cent of the federal poverty guidelines; | 118549 |
| (2) Subject to division (B) of this section, to respond to | 118550 |
| reports of abuse, neglect, or exploitation of children and adults, | 118551 |
| including through the alternative approach pilot program developed | 118552 |
| under Section 309.40.40 of this act; | 118553 |
| (3) To provide outreach and referral services regarding home | 118554 |
| and community-based services to individuals at risk of placement | 118555 |
| in a group home or institution, regardless of the individuals' | 118556 |
| family income and without need for a written application; | 118557 |
| (4) To provide outreach, referral, application assistance, | 118558 |
| and other services to assist individuals receive assistance, | 118559 |
| benefits, or services under Medicaid; Title IV-A programs, as | 118560 |
| defined in section 5101.80 of the Revised Code; the Supplemental | 118561 |
| Nutrition Assistance Program; and other public assistance | 118562 |
| programs. | 118563 |
| (B) Protective services may be provided to a child or adult | 118564 |
| as part of a response, under division (A)(2) of this section, to a | 118565 |
| report of abuse, neglect, or exploitation without regard to a | 118566 |
| child or adult's family income and without need for a written | 118567 |
| application. The protective services may be provided if the case | 118568 |
| record documents circumstances of actual or potential abuse, | 118569 |
| neglect, or exploitation. | 118570 |
| Section 309.45.40. CHILDREN'S HUNGER ALLIANCE | 118571 |
| Of the foregoing appropriation item 600535, Early Care and | 118572 |
| Education, up to $1,500,000 in each fiscal year shall be provided | 118573 |
| to the Children's Hunger Alliance for Child Nutrition Program | 118574 |
| outreach efforts. The Departments of Job and Family Services and | 118575 |
| Education shall enter into a grant agreement with the Children's | 118576 |
| Hunger Alliance and agree upon annual reporting requirements, | 118577 |
| including statements of planned uses of state funds, expected | 118578 |
| performance outcomes, and an evaluation of success in achieving | 118579 |
| those outcomes. As soon as possible after entering into a grant | 118580 |
| agreement at the beginning of each fiscal year, the Department of | 118581 |
| Job and Family Services may advance grant funds to the grantee | 118582 |
| under section 5101.10 of the Revised Code. | 118583 |
| Section 309.45.50. SUMMER AND AFTER-SCHOOL PROGRAMS | 118584 |
| Of the foregoing appropriation item 600535, Early Care and | 118585 |
| Education, up to $9,000,000 in each fiscal year shall be provided | 118586 |
| to the Ohio Child Care Resource and Referral Association for the | 118587 |
| distribution of funds for summer and after-school programs for | 118588 |
| TANF eligible youth served through community-based organizations, | 118589 |
| faith-based organizations, and schools to provide academic support | 118590 |
| not available during the regular school day, nutrition, | 118591 |
| transportation, youth development activities, drug and violence | 118592 |
| prevention, counseling, technology education, and character | 118593 |
| education. | 118594 |
| Of the foregoing appropriation item 600535, Early Care and | 118595 |
| Education, up to $1,000,000 in each fiscal year shall be provided | 118596 |
| to the Ohio Alliance of Boys and Girls Clubs to provide | 118597 |
| after-school programs that protect at-risk children and enable | 118598 |
| youth to become responsible adults. The Ohio Alliance of Boys and | 118599 |
| Girls Clubs shall provide nutritional meals, snacks, and | 118600 |
| educational, youth development, and career development services to | 118601 |
| TANF-eligible children participating in programs and activities | 118602 |
| operated by eligible Boys and Girls Clubs. | 118603 |
| Section 309.45.70. KINSHIP PERMANENCY INCENTIVE PROGRAM | 118604 |
| The foregoing appropriation item 600541, Kinship Permanency | 118605 |
| Incentive Program, shall be used to support the Kinship Permanency | 118606 |
| Incentive Program created under section 5101.802 of the Revised | 118607 |
| Code. | 118608 |
| Section 309.45.80. REIMBURSEMENT CEILING FOR PROVIDERS OF | 118609 |
| PUBLICLY FUNDED CHILD CARE | 118610 |
| For the purposes of rules adopted under division (E) of | 118611 |
| section 5104.30 of the Revised Code, the Director of Job and | 118612 |
| Family Services shall set the reimbursement ceiling for providers | 118613 |
| of publicly funded child care for the fiscal years of 2010 and | 118614 |
| 2011 at the fifty-first percentile of the results of the child | 118615 |
| care market rate survey commissioned by the Department of Job and | 118616 |
| Family Services in 2008. | 118617 |
| Section 309.45.90. REALLOCATION OF UNUSED COUNTY ALLOCATIONS | 118618 |
| (A) As used in this section: | 118619 |
| (1) "Income maintenance funds" means funds the Department of | 118620 |
| Job and Family Services allocates to a county to meet matching | 118621 |
| fund requirements or reimburse a county for administrative | 118622 |
| expenditures incurred in the administration of the Disability | 118623 |
| Financial Assistance Program, Disability Medical Assistance | 118624 |
| Program, Medicaid Program, or Supplemental Nutrition Assistance | 118625 |
| Program. | 118626 |
| (2) "TANF funds" means funds the Department of Job and Family | 118627 |
| Services allocates to a county for Title IV-A programs, as defined | 118628 |
| in section 5101.80 of the Revised Code. | 118629 |
| (3) "TANF Title XX transfer funds" means funds the Department | 118630 |
| of Job and Family Services allocates to a county for purposes of | 118631 |
| section 5101.461 of the Revised Code. | 118632 |
| (4) "Title XX social services funds" means funds the | 118633 |
| Department of Job and Family Services allocates to a county | 118634 |
| department of job and family services for purposes of section | 118635 |
| 5101.46 of the Revised Code. | 118636 |
| (B) If a county informs the Department of Job and Family | 118637 |
| Services that the county will not use the entire amount of the | 118638 |
| income maintenance funds, TANF funds, TANF Title XX transfer | 118639 |
| funds, or Title XX social services funds allocated to the county | 118640 |
| for fiscal year 2010 or fiscal year 2011, the Department shall | 118641 |
| reallocate the portion of the funds the county will not use to | 118642 |
| other counties for the remainder of the fiscal year in which the | 118643 |
| funds are reallocated or the next fiscal year. In reallocating the | 118644 |
| funds, the Department shall do both of the following: | 118645 |
| (1) For each of the funds separately, rank each county by the | 118646 |
| percentage reduction in allocations of the funds from the fiscal | 118647 |
| year preceding the fiscal year in which the reallocation is made | 118648 |
| to the fiscal year in which the reallocation is made, with the | 118649 |
| county that has the greatest reduction percentage placed at the | 118650 |
| top of the ranking; | 118651 |
| (2) Reallocate each of the funds separately to counties in | 118652 |
| the order in which counties are ranked under division (B)(1) of | 118653 |
| this section in a manner that provides, to the extent funds are | 118654 |
| available for reallocation, for each county to be, as a result of | 118655 |
| the reallocation, allocated the same amount of the funds that the | 118656 |
| county was allocated the previous fiscal year, other than the | 118657 |
| counties that inform the Department they will not use the full | 118658 |
| amount of their allocation of the funds. | 118659 |
| Section 309.50. UNEMPLOYMENT COMPENSATION | 118660 |
| Section 309.50.10. EMPLOYER SURCHARGE | 118661 |
| The surcharge and the interest on the surcharge amounts due | 118662 |
| for calendar years 1988, 1989, and 1990 as required by Am. Sub. | 118663 |
| H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the | 118664 |
| 118th General Assembly, and section 4141.251 of the Revised Code | 118665 |
| as it existed prior to its repeal by Sub. H.B. 478 of the 122nd | 118666 |
| General Assembly, again shall be assessed and collected by, | 118667 |
| accounted for, and made available to the Department of Job and | 118668 |
| Family Services in the same manner as set forth in section | 118669 |
| 4141.251 of the Revised Code as it existed prior to its repeal by | 118670 |
| Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the | 118671 |
| repeal of the surcharge for calendar years after 1990, pursuant to | 118672 |
| Sub. H.B. 478 of the 122nd General Assembly, except that amounts | 118673 |
| received by the Director on or after July 1, 2001, shall be | 118674 |
| deposited into the Unemployment Compensation Special | 118675 |
| Administrative Fund (Fund 4A90) established pursuant to section | 118676 |
| 4141.11 of the Revised Code. | 118677 |
| Section 309.50.20. FEDERAL UNEMPLOYMENT PROGRAMS | 118678 |
| All unexpended funds remaining at the end of fiscal year 2009 | 118679 |
| that were appropriated and made available to the state under | 118680 |
| section 903(d) of the Social Security Act, as amended, in the | 118681 |
| foregoing appropriation item 600678, Federal Unemployment | 118682 |
| Programs (Fund 3V40), are hereby appropriated to the Department | 118683 |
| of Job and Family Services. Upon the request of the Director of | 118684 |
| Job and Family Services, the Director of Budget and Management | 118685 |
| may increase the appropriation for fiscal year 2010 by the | 118686 |
| amount remaining unspent from the fiscal year 2009 appropriation | 118687 |
| and may increase the appropriation for fiscal year 2011 by the | 118688 |
| amount remaining unspent from the fiscal year 2010 | 118689 |
| appropriation. The appropriation shall be used under the | 118690 |
| direction of the Department of Job and Family Services to pay for | 118691 |
| administrative activities for the Unemployment Insurance Program, | 118692 |
| employment services, and other allowable expenditures under | 118693 |
| section 903(d) of the Social Security Act, as amended. | 118694 |
| The amounts obligated pursuant to this section shall not | 118695 |
| exceed at any time the amount by which the aggregate of the | 118696 |
| amounts transferred to the account of the state under section | 118697 |
| 903(d) of the Social Security Act, as amended, exceeds the | 118698 |
| aggregate of the amounts obligated for administration and paid out | 118699 |
| for benefits and required by law to be charged against the amounts | 118700 |
| transferred to the account of the state. | 118701 |
| Section 309.50.30. REMOVAL OF UNEMPLOYMENT COMPENSATION | 118702 |
| ADVISORY COUNCIL MEMBERS | 118703 |
| The intent of the General Assembly in the amendments made in | 118704 |
| this act to section 145.012 is to provide that service as a | 118705 |
| member of the Unemployment Compensation Advisory Council on or | 118706 |
| after the effective date of this section shall not be service as | 118707 |
| a public employee for purposes of Chapter 145. of the Revised | 118708 |
| Code. The amendments are not intended to prohibit the use of such | 118709 |
| service for calculation of benefits under Chapter 145. of the | 118710 |
| Revised Code for service prior to the effective date of this | 118711 |
| section. | 118712 |
| Section 309.60. WORKFORCE DEVELOPMENT | 118713 |
| Section 309.60.10. NURSE ASSISTANT TRAINING PROGRAMS | 118714 |
| Of the foregoing appropriation item 600688, Workforce | 118715 |
| Investment Act, up to $1,000,000 in each fiscal year shall be used | 118716 |
| to reimburse nurse assistant training programs that service | 118717 |
| TANF-eligible individuals. Any amount of this earmark that | 118718 |
| remains unspent at the end of fiscal year 2010 is hereby | 118719 |
| reappropriated in fiscal year 2011 for the same purpose. The | 118720 |
| opportunity for reimbursement for the purposes for which this | 118721 |
| earmark is intended expires June 30, 2011. | 118722 |
| Section 309.60.20. NURSING FACULTY FELLOWSHIP GRANTS | 118723 |
| Of the foregoing appropriation item 600688, Workforce | 118724 |
| Investment Act, up to $700,000 in each fiscal year shall be used | 118725 |
| to support the Nursing Faculty Fellowship Grant Program | 118726 |
| administered by the Ohio Board of Regents. Any amount of this | 118727 |
| earmark that remains unspent at the end of fiscal year 2010 is | 118728 |
| hereby reappropriated in fiscal year 2011 for the same purpose. | 118729 |
| Section 309.60.30. SKILL-BASED EDUCATION AND ASSISTANCE | 118730 |
| Of the foregoing appropriation item 600688, Workforce | 118731 |
| Investment Act (Fund 3V00), up to $2,000,000 in fiscal year 2010 | 118732 |
| shall be provided to programs that provide skill-based education | 118733 |
| and assistance to individuals eligible for Ohio Works First. Any | 118734 |
| amount of this earmark that remains unspent at the end of fiscal | 118735 |
| year 2010 is hereby reappropriated in fiscal year 2011 for the | 118736 |
| same purpose. | 118737 |
| Section 310.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW | 118738 |
| General Revenue Fund | 118739 |
| GRF | 029321 | Operating Expenses | $ | 483,520 | $ | 483,520 | 118740 | ||||
| TOTAL GRF General Revenue Fund | $ | 483,520 | $ | 483,520 | 118741 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 483,520 | $ | 483,520 | 118742 | ||||||
| OPERATING | 118743 |
| The Chief Administrative Officer of the House of | 118744 |
| Representatives and the Clerk of the Senate shall determine, by | 118745 |
| mutual agreement, which of them shall act as fiscal agent for the | 118746 |
| Joint Committee on Agency Rule Review. Members of the Committee | 118747 |
| shall be paid in accordance with section 101.35 of the Revised | 118748 |
| Code. | 118749 |
| OPERATING EXPENSES | 118750 |
| On July 1, 2009, or as soon as possible thereafter, the | 118751 |
| Executive Director of the Joint Committee on Agency Rule Review | 118752 |
| may certify to the Director of Budget and Management the amount of | 118753 |
| the unexpended, unencumbered balance of the foregoing | 118754 |
| appropriation item 029321, Operating Expenses, at the end of | 118755 |
| fiscal year 2009 to be reappropriated to fiscal year 2010. The | 118756 |
| amount certified is hereby reappropriated to the same | 118757 |
| appropriation item for fiscal year 2010. | 118758 |
| On July 1, 2010, or as soon as possible thereafter, the | 118759 |
| Executive Director of the Joint Committee on Agency Rule Review | 118760 |
| may certify to the Director of Budget and Management the amount of | 118761 |
| the unexpended, unencumbered balance of the foregoing | 118762 |
| appropriation item 029321, Operating Expenses, at the end of | 118763 |
| fiscal year 2010 to be reappropriated to fiscal year 2011. The | 118764 |
| amount certified is hereby reappropriated to the same | 118765 |
| appropriation item for fiscal year 2011. | 118766 |
| Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO | 118767 |
| General Revenue Fund | 118768 |
| GRF | 018321 | Operating Expenses | $ | 1,034,281 | $ | 1,065,281 | 118769 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,034,281 | $ | 1,065,281 | 118770 | ||||||
| General Services Fund Group | 118771 |
| 4030 | 018601 | Ohio Jury Instructions | $ | 350,000 | $ | 350,000 | 118772 | ||||
| TOTAL GSF General Services Fund Group | $ | 350,000 | $ | 350,000 | 118773 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,384,281 | $ | 1,415,281 | 118774 | ||||||
| STATE COUNCIL OF UNIFORM STATE LAWS | 118775 |
| Notwithstanding section 105.26 of the Revised Code, of the | 118776 |
| foregoing appropriation item 018321, Operating Expenses, up to | 118777 |
| $97,000 in fiscal year 2010 and up to $101,000 in fiscal year 2011 | 118778 |
| may be used to pay the expenses of the State Council of Uniform | 118779 |
| State Laws, including membership dues to the National Conference | 118780 |
| of Commissioners on Uniform State Laws, and other expenses under | 118781 |
| sections 105.25 and 105.26 of the Revised Code. | 118782 |
| OHIO JURY INSTRUCTIONS FUND | 118783 |
| The Ohio Jury Instructions Fund (Fund 4030) shall consist of | 118784 |
| grants, royalties, dues, conference fees, bequests, devises, and | 118785 |
| other gifts received for the purpose of supporting costs incurred | 118786 |
| by the Judicial Conference of Ohio in dispensing educational and | 118787 |
| informational data to the state's judicial system. Fund 4030 shall | 118788 |
| be used by the Judicial Conference of Ohio to pay expenses | 118789 |
| incurred in dispensing educational and informational data to the | 118790 |
| state's judicial system. All moneys accruing to Fund 4030 in | 118791 |
| excess of $350,000 in fiscal year 2010 and in excess of $350,000 | 118792 |
| in fiscal year 2011 are hereby appropriated for the purposes | 118793 |
| authorized. | 118794 |
| No money in Fund 4030 shall be transferred to any other fund | 118795 |
| by the Director of Budget and Management or the Controlling Board. | 118796 |
| Section 313.10. JSC THE JUDICIARY/SUPREME COURT | 118797 |
| General Revenue Fund | 118798 |
| GRF | 005321 | Operating Expenses - Judiciary/Supreme Court | $ | 133,144,970 | $ | 133,144,970 | 118799 | ||||
| GRF | 005401 | State Criminal Sentencing Council | $ | 336,770 | $ | 336,770 | 118800 | ||||
| GRF | 005406 | Law-Related Education | $ | 236,172 | $ | 236,172 | 118801 | ||||
| GRF | 005409 | Ohio Courts Technology Initiative | $ | 4,850,000 | $ | 4,850,000 | 118802 | ||||
| GRF | 005502 | Legal Education Opportunity | $ | 350,000 | $ | 350,000 | 118803 | ||||
| TOTAL GRF General Revenue Fund | $ | 138,917,912 | $ | 138,917,912 | 118804 | ||||||
| General Services Fund Group | 118805 |
| 6720 | 005601 | Continuing Judicial Education | $ | 300,000 | $ | 300,000 | 118806 | ||||
| TOTAL GSF General Services Fund Group | $ | 300,000 | $ | 300,000 | 118807 | ||||||
| Federal Special Revenue Fund Group | 118808 |
| 3J00 | 005603 | Federal Grants | $ | 2,137,866 | $ | 1,917,081 | 118809 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 2,137,866 | $ | 1,917,081 | 118810 | ||||||
| State Special Revenue Fund Group | 118811 |
| 4C80 | 005605 | Attorney Services | $ | 3,704,659 | $ | 3,704,659 | 118812 | ||||
| 5T80 | 005609 | Grants and Awards | $ | 50,000 | $ | 50,000 | 118813 | ||||
| 6A80 | 005606 | Supreme Court Admissions | $ | 1,284,142 | $ | 1,284,142 | 118814 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 5,038,801 | $ | 5,038,801 | 118815 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 146,394,579 | $ | 146,173,794 | 118816 | ||||||
| LAW-RELATED EDUCATION | 118817 |
| The foregoing appropriation item 005406, Law-Related | 118818 |
| Education, shall be distributed directly to the Ohio Center for | 118819 |
| Law-Related Education for the purposes of providing continuing | 118820 |
| citizenship education activities to primary and secondary | 118821 |
| students, expanding delinquency prevention programs, increasing | 118822 |
| activities for at-risk youth, and accessing additional public and | 118823 |
| private money for new programs. | 118824 |
| OHIO COURTS TECHNOLOGY INITIATIVE | 118825 |
| The foregoing appropriation item 005409, Ohio Courts | 118826 |
| Technology Initiative, shall be used to fund an initiative by the | 118827 |
| Supreme Court to facilitate the exchange of information and | 118828 |
| warehousing of data by and between Ohio courts and other justice | 118829 |
| system partners through the creation of an Ohio Courts Network, | 118830 |
| the delivery of technology services to courts throughout the | 118831 |
| state, including the provision of hardware, software, and the | 118832 |
| development and implementation of educational and training | 118833 |
| programs for judges and court personnel, and operation of the | 118834 |
| Commission on Technology and the Courts by the Supreme Court for | 118835 |
| the promulgation of statewide rules, policies, and uniform | 118836 |
| standards, and to aid in the orderly adoption and comprehensive | 118837 |
| use of technology in Ohio courts. | 118838 |
| LEGAL EDUCATION OPPORTUNITY | 118839 |
| The foregoing appropriation item 005502 shall be used to fund | 118840 |
| activities undertaken at the direction of the Chief Justice of | 118841 |
| the Supreme Court for purposes of introducing minority, | 118842 |
| low-income, and educationally disadvantaged Ohio students to the | 118843 |
| legal system and providing educational opportunities to those | 118844 |
| same students who are preparing for college and interested in the | 118845 |
| pursuit of a legal career. The foregoing appropriation item | 118846 |
| 005502 may be used by the Supreme Court, in cooperation with other | 118847 |
| entities, to establish and provide programs, courses, and | 118848 |
| activities consistent with the purposes set forth in this | 118849 |
| paragraph and to pay the associated administrative costs. | 118850 |
| CONTINUING JUDICIAL EDUCATION | 118851 |
| The Continuing Judicial Education Fund (Fund 6720) shall | 118852 |
| consist of fees paid by judges and court personnel for attending | 118853 |
| continuing education courses and other gifts and grants received | 118854 |
| for the purpose of continuing judicial education. The foregoing | 118855 |
| appropriation item 005601, Continuing Judicial Education, shall be | 118856 |
| used to pay expenses for continuing education courses for judges | 118857 |
| and court personnel. If it is determined by the Administrative | 118858 |
| Director of the Supreme Court that additional appropriations are | 118859 |
| necessary, the amounts are hereby appropriated. | 118860 |
| No money in Fund 6720 shall be transferred to any other fund | 118861 |
| by the Director of Budget and Management or the Controlling Board. | 118862 |
| Interest earned on moneys in Fund 6720 shall be credited to the | 118863 |
| fund. | 118864 |
| FEDERAL GRANTS | 118865 |
| The Federal Grants Fund (Fund 3J00) shall consist of grants | 118866 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 118867 |
| the United States Government or other entities that receive the | 118868 |
| moneys directly from the United States Government and distribute | 118869 |
| those moneys to the Supreme Court (The Judiciary). The foregoing | 118870 |
| appropriation item 005603, Federal Grants, shall be used in a | 118871 |
| manner consistent with the purpose of the grant or award. If it is | 118872 |
| determined by the Administrative Director of the Supreme Court | 118873 |
| that additional appropriations are necessary, the amounts are | 118874 |
| hereby appropriated. | 118875 |
| No money in Fund 3J00 shall be transferred to any other fund | 118876 |
| by the Director of Budget and Management or the Controlling | 118877 |
| Board. However, interest earned on moneys in Fund 3J00 shall be | 118878 |
| credited or transferred to the General Revenue Fund. | 118879 |
| ATTORNEY SERVICES | 118880 |
| The Attorney Services Fund (Fund 4C80), formerly known as the | 118881 |
| Attorney Registration Fund, shall consist of moneys received by | 118882 |
| the Supreme Court (The Judiciary) pursuant to the Rules for the | 118883 |
| Government of the Bar of Ohio. In addition to funding other | 118884 |
| activities considered appropriate by the Supreme Court, the | 118885 |
| foregoing appropriation item 005605, Attorney Services, may be | 118886 |
| used to compensate employees and to fund appropriate activities of | 118887 |
| the following offices established by the Supreme Court: the Office | 118888 |
| of Disciplinary Counsel, the Board of Commissioners on Grievances | 118889 |
| and Discipline, the Clients' Security Fund, and the Attorney | 118890 |
| Services Division. If it is determined by the Administrative | 118891 |
| Director of the Supreme Court that additional appropriations are | 118892 |
| necessary, the amounts are hereby appropriated. | 118893 |
| No moneys in Fund 4C80 shall be transferred to any other | 118894 |
| fund by the Director of Budget and Management or the Controlling | 118895 |
| Board. Interest earned on moneys in Fund 4C80 shall be credited to | 118896 |
| the fund. | 118897 |
| GRANTS AND AWARDS | 118898 |
| The Grants and Awards Fund (Fund 5T80) shall consist of | 118899 |
| grants and other moneys awarded to the Supreme Court (The | 118900 |
| Judiciary) by the State Justice Institute, the Division of | 118901 |
| Criminal Justice Services, or other entities. The foregoing | 118902 |
| appropriation item 005609, Grants and Awards, shall be used in a | 118903 |
| manner consistent with the purpose of the grant or award. If it | 118904 |
| is determined by the Administrative Director of the Supreme Court | 118905 |
| that additional appropriations are necessary, the amounts are | 118906 |
| hereby appropriated. | 118907 |
| No moneys in Fund 5T80 shall be transferred to any other | 118908 |
| fund by the Director of Budget and Management or the Controlling | 118909 |
| Board. However, interest earned on moneys in Fund 5T80 shall be | 118910 |
| credited or transferred to the General Revenue Fund. | 118911 |
| SUPREME COURT ADMISSIONS | 118912 |
| The foregoing appropriation item 005606, Supreme Court | 118913 |
| Admissions, shall be used to compensate Supreme Court employees | 118914 |
| who are primarily responsible for administering the attorney | 118915 |
| admissions program under the Rules for the Government of the Bar | 118916 |
| of Ohio, and to fund any other activities considered appropriate | 118917 |
| by the court. Moneys shall be deposited into the Supreme Court | 118918 |
| Admissions Fund (Fund 6A80) under the Supreme Court Rules for the | 118919 |
| Government of the Bar of Ohio. If it is determined by the | 118920 |
| Administrative Director of the Supreme Court that additional | 118921 |
| appropriations are necessary, the amounts are hereby appropriated. | 118922 |
| No moneys in Fund 6A80 shall be transferred to any other fund | 118923 |
| by the Director of Budget and Management or the Controlling Board. | 118924 |
| Interest earned on moneys in Fund 6A80 shall be credited to the | 118925 |
| fund. | 118926 |
| Section 313.20. SUPREME COURT FILING FEE | 118927 |
| The General Assembly hereby respectfully requests the | 118928 |
| Supreme Court to modify Rule XV of the Rules of Practice of the | 118929 |
| Supreme Court of Ohio pursuant to its authority under the Ohio | 118930 |
| Constitution to make that Rule consistent with the amendments | 118931 |
| made by this act to section 2503.17 of the Revised Code. | 118932 |
| Section 315.10. LEC LAKE ERIE COMMISSION | 118933 |
| State Special Revenue Fund Group | 118934 |
| 4C00 | 780601 | Lake Erie Protection Fund | $ | 450,000 | $ | 450,000 | 118935 | ||||
| 5D80 | 780602 | Lake Erie Resources Fund | $ | 380,000 | $ | 383,000 | 118936 | ||||
| TOTAL SSR State Special Revenue | 118937 | ||||||||||
| Fund Group | $ | 830,000 | $ | 833,000 | 118938 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 830,000 | $ | 833,000 | 118939 | ||||||
| Section 317.10. LRS LEGAL RIGHTS SERVICE | 118941 |
| General Revenue Fund | 118942 |
| GRF | 054321 | Support Services | $ | 142,614 | $ | 142,614 | 118943 | ||||
| GRF | 054401 | Ombudsman | $ | 209,698 | $ | 209,698 | 118944 | ||||
| TOTAL GRF General Revenue Fund | $ | 352,312 | $ | 352,312 | 118945 | ||||||
| General Services Fund Group | 118946 |
| 5M00 | 054610 | Settlements | $ | 81,352 | $ | 81,352 | 118947 | ||||
| TOTAL GSF General Services | 118948 | ||||||||||
| Fund Group | $ | 81,352 | $ | 81,352 | 118949 | ||||||
| Federal Special Revenue Fund Group | 118950 |
| 3050 | 054602 | Protection and Advocacy - Developmentally Disabled | $ | 1,500,000 | $ | 1,500,000 | 118951 | ||||
| 3AG0 | 054613 | Protection and Advocacy - Voter Accessibility | $ | 135,000 | $ | 135,000 | 118952 | ||||
| 3B80 | 054603 | Protection and Advocacy - Mentally Ill | $ | 1,100,000 | $ | 1,100,000 | 118953 | ||||
| 3CA0 | 054615 | Work Incentives Planning and Assistance | $ | 355,000 | $ | 355,000 | 118954 | ||||
| 3N30 | 054606 | Protection and Advocacy - Individual Rights | $ | 570,000 | $ | 570,000 | 118955 | ||||
| 3N90 | 054607 | Assistive Technology | $ | 160,000 | $ | 160,000 | 118956 | ||||
| 3R90 | 054604 | Family Support Collaborative | $ | 12,500 | $ | 0 | 118957 | ||||
| 3R90 | 054616 | Developmental Disability Publications | $ | 130,000 | $ | 130,000 | 118958 | ||||
| 3T20 | 054609 | Client Assistance Program | $ | 435,000 | $ | 435,000 | 118959 | ||||
| 3X10 | 054611 | Protection and Advocacy - Beneficiaries of Social Security | $ | 235,000 | $ | 235,000 | 118960 | ||||
| 3Z60 | 054612 | Protection and Advocacy - Traumatic Brain Injury | $ | 70,000 | $ | 70,000 | 118961 | ||||
| TOTAL FED Federal Special Revenue | 118962 | ||||||||||
| Fund Group | $ | 4,702,500 | $ | 4,690,000 | 118963 | ||||||
| State Special Revenue Fund Group | 118964 |
| 5AE0 | 054614 | Grants and Contracts | $ | 100,000 | $ | 100,000 | 118965 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 100,000 | $ | 100,000 | 118966 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,236,164 | $ | 5,223,664 | 118967 | ||||||
| Section 317.20. LEGAL RIGHTS SERVICE NONPROFIT TRANSITION | 118969 |
| STUDY | 118970 |
| (A) The Legal Rights Service Commission shall conduct a study | 118971 |
| concerning a potential transition from a public entity to a | 118972 |
| nonprofit organization effective July 1, 2011. The study shall | 118973 |
| include an analysis of all of the following: | 118974 |
| (1) The feasibility of a transition to a nonprofit | 118975 |
| organization; | 118976 |
| (2) The potential effects on service delivery, including | 118977 |
| client service and access to required resources, and any other | 118978 |
| service delivery advantages or disadvantages that might result | 118979 |
| from the transition to a nonprofit organization; | 118980 |
| (3) Potential organizational effects, including cost savings | 118981 |
| and non-state funding sources, and any other organizational | 118982 |
| advantages or disadvantages that might result from the transition | 118983 |
| to a nonprofit organization; | 118984 |
| (4) The approximate amount of time necessary to achieve a | 118985 |
| transition to nonprofit status. | 118986 |
| (B) The Legal Rights Service Commission shall develop a | 118987 |
| process plan by which a transition to a nonprofit organization | 118988 |
| could be implemented not later than July 1, 2011. | 118989 |
| (C) Not later than six months after the effective date of | 118990 |
| this section, a written report of the results of the study and a | 118991 |
| copy of the process plan shall be submitted to the Governor, the | 118992 |
| Speaker and the Minority Leader of the House of Representatives, | 118993 |
| and the President and the Minority Leader of the Senate. | 118994 |
| Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE | 118995 |
| General Revenue Fund | 118996 |
| GRF | 028321 | Legislative Ethics Committee | $ | 550,000 | $ | 550,000 | 118997 | ||||
| TOTAL GRF General Revenue Fund | $ | 550,000 | $ | 550,000 | 118998 | ||||||
| General Services Fund Group | 118999 |
| 4G70 | 028601 | Joint Legislative Ethics Committee | $ | 100,000 | $ | 100,000 | 119000 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,000 | $ | 100,000 | 119001 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 650,000 | $ | 650,000 | 119002 | ||||||
| Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION | 119003 |
| General Revenue Fund | 119004 |
| GRF | 035321 | Operating Expenses | $ | 15,117,700 | $ | 15,117,700 | 119005 | ||||
| GRF | 035402 | Legislative Interns | $ | 1,022,120 | $ | 1,022,120 | 119006 | ||||
| GRF | 035404 | Legislative Office of Education Oversight | $ | 500,000 | $ | 500,000 | 119007 | ||||
| GRF | 035405 | Correctional Institution Inspection Committee | $ | 438,900 | $ | 438,900 | 119008 | ||||
| GRF | 035407 | Legislative Task Force on Redistricting | $ | 750,000 | $ | 750,000 | 119009 | ||||
| GRF | 035409 | National Associations | $ | 460,560 | $ | 460,560 | 119010 | ||||
| GRF | 035410 | Legislative Information Systems | $ | 3,661,250 | $ | 3,661,250 | 119011 | ||||
| TOTAL GRF General Revenue Fund | $ | 21,950,530 | $ | 21,950,530 | 119012 | ||||||
| General Services Fund Group | 119013 |
| 4100 | 035601 | Sale of Publications | $ | 25,250 | $ | 25,250 | 119014 | ||||
| 4F60 | 035603 | Legislative Budget Services | $ | 154,025 | $ | 154,025 | 119015 | ||||
| 5EF0 | 035607 | House and Senate Telephone Usage | $ | 30,000 | $ | 30,000 | 119016 | ||||
| TOTAL GSF General Services | 119017 | ||||||||||
| Fund Group | $ | 209,275 | $ | 209,275 | 119018 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 22,159,805 | $ | 22,159,805 | 119019 | ||||||
| Section 323.10. LIB STATE LIBRARY BOARD | 119021 |
| General Revenue Fund | 119022 |
| GRF | 350321 | Operating Expenses | $ | 5,477,369 | $ | 5,477,369 | 119023 | ||||
| GRF | 350401 | Ohioana Rental Payments | $ | 128,560 | $ | 128,560 | 119024 | ||||
| GRF | 350502 | Regional Library Systems | $ | 832,099 | $ | 832,099 | 119025 | ||||
| TOTAL GRF General Revenue Fund | $ | 6,438,028 | $ | 6,438,028 | 119026 | ||||||
| General Services Fund Group | 119027 |
| 1390 | 350602 | Intra-Agency Service Charges | $ | 9,000 | $ | 9,000 | 119028 | ||||
| 4590 | 350603 | Library Service Charges | $ | 2,895,592 | $ | 3,039,342 | 119029 | ||||
| 4S40 | 350604 | Ohio Public Library Information Network | $ | 5,702,150 | $ | 5,702,150 | 119030 | ||||
| 5GB0 | 350605 | Library for the Blind | $ | 1,274,194 | $ | 1,274,194 | 119031 | ||||
| 5GG0 | 350606 | Gates Foundation Grants | $ | 500,000 | $ | 0 | 119032 | ||||
| TOTAL GSF General Services | 119033 | ||||||||||
| Fund Group | $ | 10,380,936 | $ | 10,024,686 | 119034 | ||||||
| Federal Special Revenue Fund Group | 119035 |
| 3130 | 350601 | LSTA Federal | $ | 5,543,747 | $ | 5,543,747 | 119036 | ||||
| TOTAL FED Federal Special Revenue | 119037 | ||||||||||
| Fund Group | $ | 5,543,747 | $ | 5,543,747 | 119038 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 22,362,711 | $ | 22,006,461 | 119039 | ||||||
| OHIOANA RENTAL PAYMENTS | 119040 |
| The foregoing appropriation item 350401, Ohioana Rental | 119041 |
| Payments, shall be used to pay the rental expenses of the Martha | 119042 |
| Kinney Cooper Ohioana Library Association under section 3375.61 | 119043 |
| of the Revised Code. | 119044 |
| REGIONAL LIBRARY SYSTEMS | 119045 |
| The foregoing appropriation item 350502, Regional Library | 119046 |
| Systems, shall be used to support regional library systems | 119047 |
| eligible for funding under sections 3375.83 and 3375.90 of the | 119048 |
| Revised Code. | 119049 |
| OHIO PUBLIC LIBRARY INFORMATION NETWORK | 119050 |
| (A) The foregoing appropriation item 350604, Ohio Public | 119051 |
| Library Information Network, shall be used for an information | 119052 |
| telecommunications network linking public libraries in the state | 119053 |
| and such others as may participate in the Ohio Public Library | 119054 |
| Information Network (OPLIN). | 119055 |
| The Ohio Public Library Information Network Board of Trustees | 119056 |
| created under section 3375.65 of the Revised Code may make | 119057 |
| decisions regarding use of the foregoing appropriation item | 119058 |
| 350604, Ohio Public Library Information Network. | 119059 |
| (B) Of the foregoing appropriation item 350604, Ohio Public | 119060 |
| Library Information Network, up to $81,000 in each fiscal year | 119061 |
| shall be used to help local libraries use filters to screen out | 119062 |
| obscene and illegal internet materials. | 119063 |
| The OPLIN Board shall research and assist or advise local | 119064 |
| libraries with regard to emerging technologies and methods that | 119065 |
| may be effective means to control access to obscene and illegal | 119066 |
| materials. The OPLIN Executive Director shall provide biannual | 119067 |
| written reports to the Governor, the Speaker and Minority Leader | 119068 |
| of the House of Representatives, and the President and Minority | 119069 |
| Leader of the Senate on any steps being taken by OPLIN and public | 119070 |
| libraries in the state to limit and control such improper usage as | 119071 |
| well as information on technological, legal, and law enforcement | 119072 |
| trends nationally and internationally affecting this area of | 119073 |
| public access and service. | 119074 |
| (C) The Ohio Public Library Information Network, INFOhio, and | 119075 |
| OhioLINK shall, to the extent feasible, coordinate and cooperate | 119076 |
| in their purchase or other acquisition of the use of electronic | 119077 |
| databases for their respective users and shall contribute funds in | 119078 |
| an equitable manner to such effort. | 119079 |
| LIBRARY FOR THE BLIND | 119080 |
| The foregoing appropriation item 350605, Library for the | 119081 |
| Blind, shall be used for the statewide Talking Book Program to | 119082 |
| assist the blind and disabled. | 119083 |
| TRANSFER TO OPLIN TECHNOLOGY FUND | 119084 |
| Notwithstanding sections 5747.03 and 5747.47 of the Revised | 119085 |
| Code and any other provision of law to the contrary, in accordance | 119086 |
| with a schedule established by the Director of Budget and | 119087 |
| Management, the Director of Budget and Management shall transfer | 119088 |
| $3,702,150 cash in each fiscal year from the Public Library Fund | 119089 |
| (Fund 7065) to the OPLIN Technology Fund (Fund 4S40). | 119090 |
| TRANSFER TO LIBRARY FOR THE BLIND FUND | 119091 |
| Notwithstanding sections 5747.03 and 5747.47 of the Revised | 119092 |
| Code and any other provision of law to the contrary, in accordance | 119093 |
| with a schedule established by the Director of Budget and | 119094 |
| Management, the Director of Budget and Management shall transfer | 119095 |
| $1,274,194 cash in each fiscal year from the Public Library Fund | 119096 |
| (Fund 7065) to the Library for the Blind Fund (Fund 5GB0). | 119097 |
| Section 325.10. LCO LIQUOR CONTROL COMMISSION | 119098 |
| Liquor Control Fund Group | 119099 |
| 7043 | 970321 | Operating Expenses | $ | 772,524 | $ | 797,524 | 119100 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 772,524 | $ | 797,524 | 119101 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 772,524 | $ | 797,524 | 119102 | ||||||
| Section 327.10. LOT STATE LOTTERY COMMISSION | 119104 |
| State Lottery Fund Group | 119105 |
| 2310 | 950604 | Charitable Gaming Oversight | $ | 2,378,000 | $ | 2,378,000 | 119106 | ||||
| 7044 | 950100 | Personal Services | $ | 31,487,285 | $ | 31,237,206 | 119107 | ||||
| 7044 | 950200 | Maintenance | $ | 14,578,155 | $ | 14,652,155 | 119108 | ||||
| 7044 | 950300 | Equipment | $ | 4,058,420 | $ | 3,603,920 | 119109 | ||||
| 7044 | 950402 | Advertising Contracts | $ | 23,548,000 | $ | 23,548,000 | 119110 | ||||
| 7044 | 950403 | Gaming Contracts | $ | 47,978,749 | $ | 48,756,010 | 119111 | ||||
| 7044 | 950500 | Problem Gambling Subsidy | $ | 350,000 | $ | 350,000 | 119112 | ||||
| 7044 | 950601 | Direct Prize Payments | $ | 124,426,168 | $ | 124,884,039 | 119113 | ||||
| 8710 | 950602 | Annuity Prizes | $ | 89,935,565 | $ | 89,415,976 | 119114 | ||||
| TOTAL SLF State Lottery Fund | 119115 | ||||||||||
| Group | $ | 338,740,342 | $ | 338,825,306 | 119116 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 338,740,342 | $ | 338,825,306 | 119117 | ||||||
| OPERATING EXPENSES | 119118 |
| Notwithstanding sections 127.14 and 131.35 of the Revised | 119119 |
| Code, the Controlling Board may, at the request of the State | 119120 |
| Lottery Commission, authorize expenditures from the State Lottery | 119121 |
| Fund in excess of the amounts appropriated, up to a maximum of 15 | 119122 |
| per cent of anticipated total revenue accruing from the sale of | 119123 |
| lottery tickets. Upon the approval of the Controlling Board, the | 119124 |
| additional amounts are hereby appropriated. | 119125 |
| DIRECT PRIZE PAYMENTS | 119126 |
| Any amounts, in addition to the amounts appropriated in | 119127 |
| appropriation item 950601, Direct Prize Payments, that the | 119128 |
| Director of the State Lottery Commission determines to be | 119129 |
| necessary to fund prizes, bonuses, and commissions are hereby | 119130 |
| appropriated. | 119131 |
| ANNUITY PRIZES | 119132 |
| Upon request of the State Lottery Commission, the Director of | 119133 |
| Budget and Management may transfer cash from the State Lottery | 119134 |
| Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in | 119135 |
| an amount sufficient to fund deferred prizes. The Treasurer of | 119136 |
| State, from time to time, shall credit the Deferred Prizes Trust | 119137 |
| Fund (Fund 8710) the pro rata share of interest earned by the | 119138 |
| Treasurer of State on invested balances. | 119139 |
| Any amounts, in addition to the amounts appropriated in | 119140 |
| appropriation item 950602, Annuity Prizes, that the Director of | 119141 |
| the State Lottery Commission determines to be necessary to fund | 119142 |
| deferred prizes and interest earnings are hereby appropriated. | 119143 |
| TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND | 119144 |
| The Director of Budget and Management shall transfer an | 119145 |
| amount greater than or equal to $705,000,000 in fiscal year 2010 | 119146 |
| and $711,000,000 in fiscal year 2011 from the State Lottery Fund | 119147 |
| to the Lottery Profits Education Fund (Fund 7017). Transfers from | 119148 |
| the State Lottery Fund to the Lottery Profits Education Fund shall | 119149 |
| represent the estimated net income from operations for the | 119150 |
| Commission in fiscal year 2010 and fiscal year 2011. Transfers by | 119151 |
| the Director of Budget and Management to the Lottery Profits | 119152 |
| Education Fund shall be administered as the statutes direct. | 119153 |
| Section 329.10. MHC MANUFACTURED HOMES COMMISSION | 119154 |
| General Services Fund Group | 119155 |
| 4K90 | 996609 | Operating Expenses | $ | 434,671 | $ | 434,671 | 119156 | ||||
| TOTAL GSF General Services | 119157 | ||||||||||
| Fund Group | $ | 434,671 | $ | 434,671 | 119158 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 434,671 | $ | 434,671 | 119159 | ||||||
| Section 331.10. MED STATE MEDICAL BOARD | 119161 |
| General Services Fund Group | 119162 |
| 5C60 | 883609 | Operating Expenses | $ | 8,341,545 | $ | 8,341,545 | 119163 | ||||
| TOTAL GSF General Services | 119164 | ||||||||||
| Fund Group | $ | 8,341,545 | $ | 8,341,545 | 119165 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,341,545 | $ | 8,341,545 | 119166 | ||||||
| Section 333.10. AMB MEDICAL TRANSPORTATION BOARD | 119168 |
| General Services Fund Group | 119169 |
| 4K90 | 915604 | Operating Expenses | $ | 473,450 | $ | 473,450 | 119170 | ||||
| TOTAL GSF General Services | 119171 | ||||||||||
| Fund Group | $ | 473,450 | $ | 473,450 | 119172 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 473,450 | $ | 473,450 | 119173 | ||||||
| Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH | 119175 |
| General Revenue Fund | 119176 |
| GRF | 332401 | Forensic Services | $ | 3,904,972 | $ | 3,904,972 | 119177 | ||||
| GRF | 333321 | Central Administration | $ | 19,204,000 | $ | 17,204,000 | 119178 | ||||
| GRF | 333402 | Resident Trainees | $ | 637,460 | $ | 637,460 | 119179 | ||||
| GRF | 333403 | Pre-Admission Screening Expenses | $ | 650,135 | $ | 650,135 | 119180 | ||||
| GRF | 333415 | Lease-Rental Payments | $ | 21,626,800 | $ | 22,360,300 | 119181 | ||||
| GRF | 333416 | Research Program Evaluation | $ | 701,086 | $ | 701,086 | 119182 | ||||
| GRF | 334408 | Community and Hospital Mental Health Services | $ | 383,724,688 | $ | 383,724,688 | 119183 | ||||
| GRF | 334506 | Court Costs | $ | 781,322 | $ | 781,322 | 119184 | ||||
| GRF | 335404 | Behavioral Health Services-Children | $ | 8,460,800 | $ | 8,460,800 | 119185 | ||||
| GRF | 335405 | Family & Children First | $ | 2,322,000 | $ | 2,322,000 | 119186 | ||||
| GRF | 335419 | Community Medication Subsidy | $ | 9,959,798 | $ | 9,959,798 | 119187 | ||||
| GRF | 335505 | Local Mental Health Systems of Care | $ | 85,510,483 | $ | 65,567,856 | 119188 | ||||
| GRF | 335636 | Local Mental Health Subsidy - Federal Stimulus | $ | 0 | $ | 27,697,699 | 119189 | ||||
| TOTAL GRF General Revenue Fund | $ | 537,483,544 | $ | 543,972,116 | 119190 | ||||||
| General Services Fund Group | 119191 |
| 1490 | 333609 | Central Office Operating | $ | 1,350,000 | $ | 1,350,000 | 119192 | ||||
| 1490 | 334609 | Hospital - Operating Expenses | $ | 28,700,000 | $ | 29,200,000 | 119193 | ||||
| 1500 | 334620 | Special Education | $ | 150,000 | $ | 150,000 | 119194 | ||||
| 4P90 | 335604 | Community Mental Health Projects | $ | 250,000 | $ | 250,000 | 119195 | ||||
| 1510 | 336601 | Office of Support Services | $ | 159,279,140 | $ | 170,258,490 | 119196 | ||||
| TOTAL GSF General Services Fund Group | $ | 189,729,140 | $ | 201,208,490 | 119197 | ||||||
| Federal Special Revenue Fund Group | 119198 |
| 3240 | 333605 | Medicaid/Medicare | $ | 154,500 | $ | 154,500 | 119199 | ||||
| 3A60 | 333608 | Community and Hospital Services | $ | 140,000 | $ | 140,000 | 119200 | ||||
| 3A70 | 333612 | Social Services Block Grant | $ | 25,000 | $ | 25,000 | 119201 | ||||
| 3A80 | 333613 | Federal Grant - Administration | $ | 4,888,105 | $ | 4,888,105 | 119202 | ||||
| 3A90 | 333614 | Mental Health Block Grant - Administration | $ | 748,470 | $ | 748,470 | 119203 | ||||
| 3B10 | 333635 | Community Medicaid Expansion | $ | 13,691,682 | $ | 13,691,682 | 119204 | ||||
| 3240 | 334605 | Medicaid/Medicare | $ | 25,200,000 | $ | 30,200,000 | 119205 | ||||
| 3A60 | 334608 | Federal Miscellaneous | $ | 586,224 | $ | 586,224 | 119206 | ||||
| 3A80 | 334613 | Federal Letter of Credit | $ | 200,000 | $ | 200,000 | 119207 | ||||
| 3B00 | 334617 | Elementary/Secondary Education Act | $ | 182,334 | $ | 182,334 | 119208 | ||||
| 3A60 | 335608 | Federal Miscellaneous | $ | 2,178,699 | $ | 2,178,699 | 119209 | ||||
| 3A70 | 335612 | Social Services Block Grant | $ | 8,632,288 | $ | 8,632,288 | 119210 | ||||
| 3A80 | 335613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,595,040 | $ | 2,595,040 | 119211 | ||||
| 3A90 | 335614 | Mental Health Block Grant | $ | 14,220,930 | $ | 14,220,930 | 119212 | ||||
| 3B10 | 335635 | Community Medicaid Expansion | $ | 362,770,242 | $ | 345,067,320 | 119213 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 436,213,514 | $ | 423,510,592 | 119214 | ||||||
| State Special Revenue Fund Group | 119215 |
| 2320 | 333621 | Family and Children First Administration | $ | 725,000 | $ | 725,000 | 119216 | ||||
| 4850 | 333632 | Mental Health Operating | $ | 134,233 | $ | 134,233 | 119217 | ||||
| 4X50 | 333607 | Behavioral Health Medicaid Services | $ | 3,000,624 | $ | 3,000,624 | 119218 | ||||
| 5V20 | 333611 | Non-Federal Miscellaneous | $ | 560,000 | $ | 560,000 | 119219 | ||||
| 4850 | 334632 | Mental Health Operating | $ | 2,400,000 | $ | 2,400,000 | 119220 | ||||
| 6920 | 334636 | Community Mental Health Board Risk Fund | $ | 80,000 | $ | 80,000 | 119221 | ||||
| 5AU0 | 335615 | Behavioral Healthcare | $ | 6,690,000 | $ | 6,690,000 | 119222 | ||||
| 5CH0 | 335622 | Residential Support Service | $ | 1,500,000 | $ | 1,500,000 | 119223 | ||||
| 6320 | 335616 | Community Capital Replacement | $ | 700,000 | $ | 700,000 | 119224 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 15,789,857 | $ | 15,789,857 | 119225 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,179,216,055 | $ | 1,184,481,055 | 119226 | ||||||
| Section 335.10.10. FORENSIC SERVICES | 119228 |
| The foregoing appropriation item 332401, Forensic Services, | 119229 |
| shall be used to provide psychiatric services to courts of common | 119230 |
| pleas. The appropriation shall be allocated through community | 119231 |
| mental health boards to certified community agencies and shall be | 119232 |
| distributed according to the criteria delineated in rule | 119233 |
| 5122:32-01 of the Administrative Code. These community forensic | 119234 |
| funds may also be used to provide forensic training to community | 119235 |
| mental health boards and to forensic psychiatry residency programs | 119236 |
| in hospitals operated by the Department of Mental Health and to | 119237 |
| provide evaluations of patients of forensic status in facilities | 119238 |
| operated by the Department of Mental Health prior to conditional | 119239 |
| release to the community. | 119240 |
| In addition, appropriation item 332401, Forensic Services, | 119241 |
| may be used to support projects involving mental health or | 119242 |
| substance abuse, to assist courts and law enforcement to identify | 119243 |
| and develop appropriate alternative services to incarceration for | 119244 |
| nonviolent mentally ill offenders, and to provide specialized | 119245 |
| re-entry services to offenders leaving prisons and jails. Funds | 119246 |
| may also be used to provide forensic monitoring and tracking in | 119247 |
| addition to community programs serving persons of forensic status | 119248 |
| on conditional release or probation. | 119249 |
| Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS | 119250 |
| The foregoing appropriation item 333402, Resident Trainees, | 119251 |
| shall be used to fund training agreements entered into by the | 119252 |
| Director of Mental Health for the development of curricula and the | 119253 |
| provision of training programs to support public mental health | 119254 |
| services. | 119255 |
| Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES | 119256 |
| The foregoing appropriation item 333403, Pre-Admission | 119257 |
| Screening Expenses, shall be used to ensure that uniform statewide | 119258 |
| methods for pre-admission screening are in place for persons who | 119259 |
| have severe mental illness and are referred for long-term | 119260 |
| Medicaid certified nursing facility placement. Pre-admission | 119261 |
| screening includes the following activities: pre-admission | 119262 |
| assessment, consideration of continued stay requests, discharge | 119263 |
| planning and referral, and adjudication of appeals and grievance | 119264 |
| procedures. | 119265 |
| Section 335.20.30. LEASE-RENTAL PAYMENTS | 119266 |
| The foregoing appropriation item 333415, Lease-Rental | 119267 |
| Payments, shall be used to meet all payments during the period | 119268 |
| from July 1, 2009, to June 30, 2011, by the Department of Mental | 119269 |
| Health under leases and agreements made under section 154.20 of | 119270 |
| the Revised Code. These appropriations are the source of funds | 119271 |
| pledged for bond service charges on obligations issued pursuant to | 119272 |
| Chapter 154. of the Revised Code. | 119273 |
| Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES | 119274 |
| The Department of Mental Health shall administer specified | 119275 |
| Medicaid services as delegated by the Department of Job and Family | 119276 |
| Services in an interagency agreement. The foregoing appropriation | 119277 |
| item 333607, Behavioral Health Medicaid Services, may be used to | 119278 |
| make payments for free-standing psychiatric hospital inpatient | 119279 |
| services as defined in an interagency agreement with the | 119280 |
| Department of Job and Family Services. | 119281 |
| Section 335.30.10. COMMUNITY MENTAL HEALTH BOARD RISK FUND | 119282 |
| The foregoing appropriation item 334636, Community Mental | 119283 |
| Health Board Risk Fund, shall be used to make payments under | 119284 |
| section 5119.62 of the Revised Code. | 119285 |
| Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN | 119286 |
| The foregoing appropriation item 335404, Behavioral Health | 119287 |
| Services-Children, shall be used to provide behavioral health | 119288 |
| services for children and their families. At least $1,000,000 in | 119289 |
| each fiscal year shall be used to provide behavioral health | 119290 |
| treatment services for children under the age of seven and their | 119291 |
| families. Behavioral health services include mental health and | 119292 |
| alcohol and other drug treatment services and other necessary | 119293 |
| supports. | 119294 |
| The foregoing appropriation item 335404, Behavioral Health | 119295 |
| Services-Children, shall be distributed to boards of alcohol, | 119296 |
| drug addiction, and mental health services, including community | 119297 |
| mental health boards and alcohol and drug addiction boards, based | 119298 |
| upon a distribution formula approved by the Director of Mental | 119299 |
| Health, except that the amount earmarked for children under the | 119300 |
| age of seven shall be distributed to the local boards based on | 119301 |
| community-need as determined by the Director of Mental Health. | 119302 |
| These moneys shall be used in accordance with the board's | 119303 |
| applicable plan or plans developed under sections 340.03 and | 119304 |
| 340.033 of the Revised Code and in collaboration with the local | 119305 |
| family and children first council. Collaboration with the local | 119306 |
| council shall be conducted through a process defined by a system | 119307 |
| of care guidance as approved by the Ohio Family and Children | 119308 |
| First Cabinet Council. | 119309 |
| Section 335.40.15. FAMILY AND CHILDREN FIRST | 119310 |
| (A) As used in this section: | 119311 |
| (1) "At-risk individual" means an individual at great risk of | 119312 |
| not being able to access available health and social services due | 119313 |
| to barriers such as poverty, inadequate transportation, culture, | 119314 |
| and priorities of basic survival. | 119315 |
| (2) "Care coordination agency" means a person or government | 119316 |
| entity that assists at-risk individuals access available health | 119317 |
| and social services the at-risk individuals need. | 119318 |
| (3) "Regional care coordination hub" means each of the | 119319 |
| following: | 119320 |
| (a) Toledo/Lucas County CareNet; | 119321 |
| (b) Health Care Access Now in Cincinnati; | 119322 |
| (c) Community Health Access Project in Richland County. | 119323 |
| (B) Of the foregoing appropriation item 335405, Family & | 119324 |
| Children First, $130,000 in each fiscal year shall be provided to | 119325 |
| Toledo/Lucas County CareNet; $130,000 in each fiscal year shall be | 119326 |
| provided to Health Care Access Now in Cincinnati; and, $130,000 in | 119327 |
| each fiscal year shall be provided to the Community Health Access | 119328 |
| Project in Richland County. Each regional care coordination hub | 119329 |
| shall use the money to do all of the following: | 119330 |
| (1) Help a care coordination agency that volunteers to work | 119331 |
| with the regional care coordination hub do both of the following: | 119332 |
| (a) Identify at-risk individuals; | 119333 |
| (b) Eliminate duplicate care coordination services provided | 119334 |
| to at-risk individuals the hub helps the care coordination agency | 119335 |
| identify. | 119336 |
| (2) Collect the following information from a care | 119337 |
| coordination agency for each at-risk individual the hub helps the | 119338 |
| agency identify: | 119339 |
| (a) Whether the agency succeeded in enrolling the at-risk | 119340 |
| individual in the agency's care coordination services; | 119341 |
| (b) The duplicate care coordination services for the at-risk | 119342 |
| individual that were eliminated; | 119343 |
| (c) The health and social services the at-risk individual | 119344 |
| needs; | 119345 |
| (d) The barriers the at-risk individual has to accessing the | 119346 |
| health and social services the individual needs; | 119347 |
| (e) Whether the agency succeeded in helping the at-risk | 119348 |
| individual access the health and social services the individual | 119349 |
| needs; | 119350 |
| (f) The outcomes of the health and social services the at | 119351 |
| risk individual accessed. | 119352 |
| (3) Compile the information collected under division (B)(2) | 119353 |
| of this section and provide it to the regional care coordination | 119354 |
| hub's governing board and the Ohio Children and Family First | 119355 |
| Cabinet Council. | 119356 |
| (C) Of the foregoing appropriation item 335405, Family & | 119357 |
| Children First, $124,000 in each fiscal year shall be used by the | 119358 |
| Ohio Family and Children First Cabinet Council to provide support | 119359 |
| services to the three regional care coordination hubs, to | 119360 |
| facilitate the delivery of information from the regional care | 119361 |
| coordination hubs to the Ohio Family and Children First Cabinet | 119362 |
| Council, and to help improve care coordination services based on | 119363 |
| information from the regional care coordination hubs. | 119364 |
| Section 335.40.20. COMMUNITY MEDICATION SUBSIDY | 119365 |
| The foregoing appropriation item 335419, Community Medication | 119366 |
| Subsidy, shall be used to provide subsidized support for | 119367 |
| psychotropic medication needs of indigent citizens in the | 119368 |
| community to reduce unnecessary hospitalization because of lack of | 119369 |
| medication and to provide subsidized support for methadone costs. | 119370 |
| Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE | 119371 |
| Of the foregoing appropriation item 335505, Local Mental | 119372 |
| Health Systems of Care, $669,912 in fiscal year 2010 and | 119373 |
| $1,261,286 in fiscal year 2011 shall be provided to alcohol, drug | 119374 |
| addiction, and mental health services boards and community mental | 119375 |
| health boards to pay the nonfederal share of the one-half of one | 119376 |
| per cent increase in the Medicaid reimbursement rate ceilings for | 119377 |
| Medicaid-covered community behavioral health services provided for | 119378 |
| under the section of this act titled "INCREASE IN MEDICAID RATES | 119379 |
| FOR COMMUNITY BEHAVIORAL HEALTH SERVICES." | 119380 |
| The remainder of foregoing appropriation item 335505, Local | 119381 |
| Mental Health Systems of Care, shall be used for mental health | 119382 |
| services provided by community mental health boards in accordance | 119383 |
| with a community mental health plan submitted under section | 119384 |
| 340.03 of the Revised Code and as approved by the Department of | 119385 |
| Mental Health. | 119386 |
| Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND | 119387 |
| DEVELOPMENTAL DISABILITIES | 119388 |
| General Revenue Fund | 119389 |
| GRF | 320321 | Central Administration | $ | 5,485,500 | $ | 5,485,500 | 119390 | ||||
| GRF | 320412 | Protective Services | $ | 2,558,619 | $ | 2,558,619 | 119391 | ||||
| GRF | 320415 | Lease-Rental Payments | $ | 21,626,800 | $ | 22,360,300 | 119392 | ||||
| GRF | 322413 | Residential and Support Services | $ | 5,854,555 | $ | 5,854,555 | 119393 | ||||
| GRF | 322416 | Medicaid Waiver - State Match | $ | 76,940,156 | $ | 96,995,649 | 119394 | ||||
| GRF | 322451 | Family Support Services | $ | 6,616,953 | $ | 6,616,953 | 119395 | ||||
| GRF | 322501 | County Boards Subsidies | $ | 82,093,807 | $ | 49,338,483 | 119396 | ||||
| GRF | 322503 | Tax Equity | $ | 14,000,000 | $ | 14,000,000 | 119397 | ||||
| GRF | 322504 | Martin Settlement | $ | 36,841,819 | $ | 36,841,819 | 119398 | ||||
| GRF | 322646 | MR/DD Subsidy - Federal Stimulus | $ | 0 | $ | 23,185,824 | 119399 | ||||
| GRF | 322647 | ICF/MR Franchise Fee - Developmental Centers | $ | 5,600,000 | $ | 7,500,000 | 119400 | ||||
| GRF | 323321 | Developmental Center and Residential Facilities Operation Expenses | $ | 72,874,333 | $ | 80,147,778 | 119401 | ||||
| TOTAL GRF General Revenue Fund | $ | 330,492,542 | $ | 350,885,480 | 119402 | ||||||
| General Services Fund Group | 119403 |
| 4880 | 322603 | Provider Audit Refunds | $ | 10,000 | $ | 10,000 | 119404 | ||||
| 1520 | 323609 | Developmental Center and Residential Operating Services | $ | 2,500,000 | $ | 2,600,000 | 119405 | ||||
| TOTAL GSF General Services Fund Group | $ | 2,510,000 | $ | 2,610,000 | 119406 | ||||||
| Federal Special Revenue Fund Group | 119407 |
| 3A50 | 320613 | DD Council | $ | 2,891,473 | $ | 2,963,760 | 119408 | ||||
| 3250 | 322612 | Community Social Service Programs | $ | 10,494,451 | $ | 10,494,451 | 119409 | ||||
| 3G60 | 322639 | Medicaid Waiver - Federal | $ | 759,888,829 | $ | 745,540,748 | 119410 | ||||
| 3M70 | 322650 | CAFS Medicaid | $ | 28,465,980 | $ | 29,349,502 | 119411 | ||||
| 3A40 | 323605 | Developmental Center and Residential Facility Services and Support | $ | 167,503,941 | $ | 162,857,712 | 119412 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 969,244,674 | $ | 951,206,173 | 119413 | ||||||
| State Special Revenue Fund Group | 119414 |
| 5GE0 | 320606 | Operating and Services | $ | 3,760,504 | $ | 7,521,008 | 119415 | ||||
| 2210 | 322620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 119416 | ||||
| 4K80 | 322604 | Medicaid Waiver - State Match | $ | 12,000,000 | $ | 12,000,000 | 119417 | ||||
| 5CT0 | 322632 | Intensive Behavioral Needs | $ | 1,000,000 | $ | 1,000,000 | 119418 | ||||
| 5DJ0 | 322625 | Targeted Case Management Match | $ | 14,881,985 | $ | 13,716,454 | 119419 | ||||
| 5DJ0 | 322626 | Targeted Case Management Services | $ | 29,926,640 | $ | 31,123,705 | 119420 | ||||
| 5DK0 | 322629 | Capital Replacement Facilities | $ | 750,000 | $ | 750,000 | 119421 | ||||
| 5EV0 | 322627 | Program Fees | $ | 700,000 | $ | 700,000 | 119422 | ||||
| 5H00 | 322619 | Medicaid Repayment | $ | 150,000 | $ | 150,000 | 119423 | ||||
| 5Z10 | 322624 | County Board Waiver Match | $ | 158,648,995 | $ | 169,754,424 | 119424 | ||||
| 4890 | 323632 | Developmental Center Direct Care Support | $ | 15,395,774 | $ | 15,395,684 | 119425 | ||||
| 5S20 | 590622 | Medicaid Administration & Oversight | $ | 17,585,557 | $ | 18,214,835 | 119426 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 254,949,455 | $ | 270,476,110 | 119427 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,557,196,671 | $ | 1,575,177,763 | 119428 | ||||||
| Section 337.20.10. LEASE-RENTAL PAYMENTS | 119430 |
| The foregoing appropriation item 320415, Lease-Rental | 119431 |
| Payments, shall be used to meet all payments at the time they are | 119432 |
| required to be made during the period from July 1, 2009, to June | 119433 |
| 30, 2011, by the Department of Mental Retardation and | 119434 |
| Developmental Disabilities under leases and agreements made under | 119435 |
| section 154.20 of the Revised Code. These appropriations are the | 119436 |
| source of funds pledged for bond service charges or obligations | 119437 |
| issued pursuant to Chapter 154. of the Revised Code. | 119438 |
| Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES | 119439 |
| The Department of Mental Retardation and Developmental | 119440 |
| Disabilities may designate a portion of appropriation item | 119441 |
| 322413, Residential and Support Services, for Sermak Class | 119442 |
| Services used to implement the requirements of the agreement | 119443 |
| settling the consent decree in Sermak v. Manuel, Case No. | 119444 |
| c-2-80-220, United States District Court for the Southern District | 119445 |
| of Ohio, Eastern Division. | 119446 |
| Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE | 119447 |
| PROGRAMS | 119448 |
| The foregoing appropriation item 322413, Residential Support | 119449 |
| Services, may be used for residential and support service | 119450 |
| programs, developed by the Department of Mental Retardation and | 119451 |
| Developmental Disabilities, that enable persons with mental | 119452 |
| retardation and developmental disabilities to live in the | 119453 |
| community. | 119454 |
| Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF) | 119455 |
| Except as otherwise provided in section 5123.0416 of the | 119456 |
| Revised Code, the purposes for which the foregoing appropriation | 119457 |
| item 322416, Medicaid Waiver - State Match, shall be used include | 119458 |
| the following: | 119459 |
| (A) Home and community-based waiver services under Title XIX | 119460 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 119461 |
| as amended. | 119462 |
| (B) To pay the nonfederal share of the cost of one or more | 119463 |
| new intermediate care facilities for the mentally retarded | 119464 |
| certified beds, if the Director of Mental Retardation and | 119465 |
| Developmental Disabilities is required by this act to transfer to | 119466 |
| the Director of Job and Family Services funds to pay such | 119467 |
| nonfederal share. | 119468 |
| Section 337.30.40. FISCAL PLAN FOR HOME AND COMMUNITY-BASED | 119469 |
| WAIVER SERVICES | 119470 |
| Not later than December 31, 2009, the Director of Mental | 119471 |
| Retardation and Developmental Disabilities shall submit a plan to | 119472 |
| the Director of Job and Family Services with recommendations for | 119473 |
| actions to be taken addressing the fiscal sustainability of home | 119474 |
| and community-based services as defined in section 5123.01 of the | 119475 |
| Revised Code. The plan may include recommendations for all of the | 119476 |
| following: | 119477 |
| (A) Changing the ranges in the amount the Medicaid program | 119478 |
| will pay per individual for the home and community-based services; | 119479 |
| (B) Establishing one or more maximum amounts that the | 119480 |
| Medicaid program will pay per individual for the home and | 119481 |
| community-based services; | 119482 |
| (C) Modifying the methodology used in establishing payment | 119483 |
| rates for providers, including the methodology's component that | 119484 |
| reflects wages and benefits for persons providing direct care and | 119485 |
| the component that reflects training and direct supervision of | 119486 |
| those persons. | 119487 |
| Section 337.30.45. GOLDEN KEY CENTER FOR EXCEPTIONAL CHILDREN | 119488 |
| Of the foregoing appropriation item 322451, Family Support | 119489 |
| Services, $25,000 in each fiscal year shall be provided to the | 119490 |
| Golden Key Center for Exceptional Children for operational | 119491 |
| support. | 119492 |
| Section 337.30.50. STATE SUBSIDY TO COUNTY MR/DD BOARDS | 119493 |
| Except as otherwise provided in the section of this act | 119494 |
| titled "Nonfederal Share of New ICF/MR Beds," the Director of | 119495 |
| Mental Retardation and Developmental Disabilities, in consultation | 119496 |
| with the county boards of mental retardation and developmental | 119497 |
| disabilities, shall develop a formula for allocating the foregoing | 119498 |
| appropriation item 322501, County Boards Subsidies, to each board. | 119499 |
| The Department shall distribute this subsidy to county boards in | 119500 |
| quarterly installments. | 119501 |
| Except as otherwise provided in section 5126.0511 of the | 119502 |
| Revised Code, county boards shall use the subsidy for early | 119503 |
| childhood services and adult services provided under section | 119504 |
| 5126.05 of the Revised Code, service and support administration | 119505 |
| provided under section 5126.15 of the Revised Code, and supported | 119506 |
| living as defined in section 5126.01 of the Revised Code. | 119507 |
| Section 337.30.60. COUNTY BOARD SHARE OF WAIVER SERVICES | 119508 |
| As used in this section, "home and community-based services" | 119509 |
| has the same meaning as in section 5123.01 of the Revised Code. | 119510 |
| The Director of Mental Retardation and Developmental | 119511 |
| Disabilities shall establish a methodology to be used in state | 119512 |
| fiscal years 2010 and 2011 to estimate the quarterly amount each | 119513 |
| county board of mental retardation and developmental disabilities | 119514 |
| is to pay of the nonfederal share of home and community-based | 119515 |
| services that section 5126.0510 of the Revised Code requires | 119516 |
| county boards to pay. Each quarter, the Director shall submit to a | 119517 |
| county board written notice of the amount the county board is to | 119518 |
| pay for that quarter. The notice shall specify when the payment is | 119519 |
| due. | 119520 |
| If a county board fails to make the full payment by the time | 119521 |
| it is due, the Director of Mental Retardation and Developmental | 119522 |
| Disabilities may withhold the amount the county board fails to pay | 119523 |
| from one or more of the state subsidies that the Department of | 119524 |
| Mental Retardation and Developmental Disabilities would otherwise | 119525 |
| provide to the county board. Each quarter, the Director may use | 119526 |
| one or more of the following appropriation items to transfer cash | 119527 |
| from the General Revenue Fund to the County Board Waiver Match | 119528 |
| Fund (Fund 5Z10) equal to the amount the county board failed to | 119529 |
| pay: | 119530 |
| (A) Appropriation item 322413, Residential and Support | 119531 |
| Services; | 119532 |
| (B) Appropriation item 322451, Family Support Services; | 119533 |
| (C) Appropriation item 322501, County Boards Subsidies; | 119534 |
| (D) Appropriation item 322503, Tax Equity. | 119535 |
| Transfers shall be made using an intrastate transfer voucher. | 119536 |
| Section 337.30.70. TAX EQUITY | 119537 |
| Notwithstanding section 5126.18 of the Revised Code, if the | 119538 |
| Director of Mental Retardation and Developmental Disabilities | 119539 |
| determines that there is sufficient appropriation available, the | 119540 |
| foregoing appropriation item 322503, Tax Equity, shall be used | 119541 |
| to pay each county board of mental retardation and developmental | 119542 |
| disabilities an amount that is equal to the amount the board | 119543 |
| received for fiscal year 2009. If the Director determines that | 119544 |
| there is not sufficient appropriation available for this | 119545 |
| purpose, the Department shall pay to each county board an amount | 119546 |
| that is proportionate to the amount the board received for fiscal | 119547 |
| year 2009. Proportionality shall be determined by dividing the | 119548 |
| total tax equity payments distributed to county boards for fiscal | 119549 |
| year 2009 by the tax equity payment a county board received for | 119550 |
| fiscal year 2009. | 119551 |
| Section 337.30.80. MEDICAID WAIVER - STATE MATCH (FUND 4K80) | 119552 |
| The foregoing appropriation item 322604, Medicaid Waiver - | 119553 |
| State Match (Fund 4K80), shall be used as state matching funds for | 119554 |
| home and community-based waivers. | 119555 |
| Section 337.30.85. ICF/MR CONVERSION | 119556 |
| (A) As used in this section, "home and community-based | 119557 |
| services" has the same meaning as in section 5123.01 of the | 119558 |
| Revised Code. | 119559 |
| (B) For each quarter of the biennium, the Director of Mental | 119560 |
| Retardation and Developmental Disabilities shall certify to the | 119561 |
| Director of Budget and Management the estimated amount needed to | 119562 |
| fund the provision of home and community-based services made | 119563 |
| available by the slots sought under section 5111.877 of the | 119564 |
| Revised Code. On receipt of certification, the Director of Budget | 119565 |
| and Management shall transfer the estimated amount in cash from | 119566 |
| the General Revenue Fund to the Home and Community-Based | 119567 |
| Services/Mental Retardation Fund (Fund 4K80), used by the | 119568 |
| Department of Mental Retardation and Developmental Disabilities. | 119569 |
| Upon completion of the transfer, appropriation item 600525, Health | 119570 |
| Care/Medicaid, is hereby reduced by the amount transferred under | 119571 |
| this section plus the corresponding federal share. The amount | 119572 |
| transferred to Fund 4K80 is hereby appropriated to appropriation | 119573 |
| item 322604, Medicaid Waiver – State Match. | 119574 |
| (C) If receipts credited to the Medicaid Waiver Fund (Fund | 119575 |
| 3G60) exceed the amounts appropriated from the fund, the Director | 119576 |
| of Mental Retardation and Developmental Disabilities may request | 119577 |
| the Director of Budget and Management to authorize expenditures | 119578 |
| from the fund in excess of the amounts appropriated. Upon the | 119579 |
| approval of the Director of Budget and Management, the additional | 119580 |
| amounts are hereby appropriated. | 119581 |
| (D) If receipts credited to the Interagency Reimbursement | 119582 |
| Fund (Fund 3G50) exceed the amounts appropriated from the fund, | 119583 |
| the Director of Job and Family Services may request the Director | 119584 |
| of Budget and Management to authorize expenditures from the fund | 119585 |
| in excess of the amounts appropriated. Upon approval of the | 119586 |
| Director of Budget and Management, the additional amounts are | 119587 |
| hereby appropriated. | 119588 |
| Section 337.30.90. TARGETED CASE MANAGEMENT SERVICES | 119589 |
| County boards of mental retardation and developmental | 119590 |
| disabilities shall pay the nonfederal portion of targeted case | 119591 |
| management costs to the Department of Mental Retardation and | 119592 |
| Developmental Disabilities. The Director of Mental Retardation and | 119593 |
| Developmental Disabilities shall withhold any amount owed to the | 119594 |
| Department from subsequent payments from any appropriation item | 119595 |
| or money otherwise due to a nonpaying county. | 119596 |
| The Directors of Mental Retardation and Developmental | 119597 |
| Disabilities and Job and Family Services may enter into an | 119598 |
| interagency agreement under which the Department of Mental | 119599 |
| Retardation and Developmental Disabilities shall transfer cash to | 119600 |
| the Department of Job and Family Services equal to the nonfederal | 119601 |
| portion of the cost of targeted case management services paid by | 119602 |
| county boards and the Department of Job and Family Services shall | 119603 |
| pay the total cost of targeted case management claims. The | 119604 |
| transfer shall be made using an intrastate transfer voucher. | 119605 |
| Section 337.31.10. TRANSFER TO PROGRAM FEE FUND | 119606 |
| On July 1, 2009, or as soon as possible thereafter, the | 119607 |
| Director of Mental Retardation and Developmental Disabilities | 119608 |
| shall request that the Director of Budget and Management transfer | 119609 |
| the cash balance in the Conference/Training Fund (Fund 4B50) to | 119610 |
| the Program Fee Fund (Fund 5EV0). Upon completion of the | 119611 |
| transfer, Fund 4B50 is abolished. The Director of Mental | 119612 |
| Retardation and Developmental Disabilities shall cancel any | 119613 |
| existing encumbrances against appropriation item 320640, Training | 119614 |
| and Service Development, and re-establish them against | 119615 |
| appropriation item 322627, Program Fees. The re-established | 119616 |
| encumbrances are hereby appropriated. | 119617 |
| Section 337.31.20. DEVELOPMENTAL CENTER BILLING FOR SERVICES | 119618 |
| Developmental centers of the Department of Mental Retardation | 119619 |
| and Developmental Disabilities may provide services to persons | 119620 |
| with mental retardation or developmental disabilities living in | 119621 |
| the community or to providers of services to these persons. The | 119622 |
| Department may develop a method for recovery of all costs | 119623 |
| associated with the provisions of these services. | 119624 |
| Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER | 119625 |
| PHARMACY PROGRAMS | 119626 |
| The Director of Mental Retardation and Developmental | 119627 |
| Disabilities shall transfer cash to the Department of Job and | 119628 |
| Family Services quarterly, in an amount equal to the nonfederal | 119629 |
| share of Medicaid prescription drug claim costs for all | 119630 |
| developmental centers paid by the Department of Job and Family | 119631 |
| Services. The quarterly transfer shall be made using an intrastate | 119632 |
| transfer voucher. | 119633 |
| Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT | 119634 |
| SERVICES | 119635 |
| Any county funds received by the Department of Mental | 119636 |
| Retardation and Developmental Disabilities from county boards for | 119637 |
| active treatment shall be deposited in the Mental Retardation | 119638 |
| Operating Fund (Fund 4890). | 119639 |
| Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS | 119640 |
| (A) As used in this section, "intermediate care facility for | 119641 |
| the mentally retarded" has the same meaning as in section 5111.20 | 119642 |
| of the Revised Code. | 119643 |
| (B) If one or more new beds obtain certification as an | 119644 |
| intermediate care facility for the mentally retarded bed on or | 119645 |
| after July 1, 2009, the Director of Mental Retardation and | 119646 |
| Developmental Disabilities shall transfer cash to the Department | 119647 |
| of Job and Family Services to pay the nonfederal share of the cost | 119648 |
| under the Medicaid Program for those beds. The transfer shall be | 119649 |
| made using an intrastate transfer voucher. Except as otherwise | 119650 |
| provided in section 5123.0416 of the Revised Code, the Director | 119651 |
| shall use only the following appropriation items for the transfer: | 119652 |
| (1) Appropriation item 322416, Medicaid Waiver - State | 119653 |
| Match; | 119654 |
| (2) Appropriation item 322501, County Boards Subsidies. | 119655 |
| (C) If the beds are located in a county served by a county | 119656 |
| board of mental retardation and developmental disabilities that | 119657 |
| initiates or supports the beds' certification, the cash that the | 119658 |
| Director transfers under division (B) of this section shall be | 119659 |
| moneys that the Director has allocated to the county board serving | 119660 |
| the county in which the beds are located unless the amount of the | 119661 |
| allocation is insufficient to pay the entire nonfederal share of | 119662 |
| the cost under the Medicaid Program for those beds. If the | 119663 |
| allocation is insufficient, the Director shall use as much of such | 119664 |
| moneys allocated to other counties as is needed to make up the | 119665 |
| difference. | 119666 |
| Section 339.10. MIH COMMISSION ON MINORITY HEALTH | 119667 |
| General Revenue Fund | 119668 |
| GRF | 149321 | Operating Expenses | $ | 740,998 | $ | 749,998 | 119669 | ||||
| GRF | 149501 | Minority Health Grants | $ | 1,250,440 | $ | 1,241,440 | 119670 | ||||
| GRF | 149502 | Lupus Program | $ | 364,632 | $ | 364,632 | 119671 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,356,070 | $ | 2,356,070 | 119672 | ||||||
| Federal Special Revenue Fund Group | 119673 |
| 3J90 | 149602 | Federal Grants | $ | 179,250 | $ | 179,250 | 119674 | ||||
| TOTAL FED Federal Special Revenue | 119675 | ||||||||||
| Fund Group | $ | 179,250 | $ | 179,250 | 119676 | ||||||
| State Special Revenue Fund Group | 119677 |
| 4C20 | 149601 | Minority Health Conference | $ | 47,500 | $ | 47,500 | 119678 | ||||
| TOTAL SSR State Special Revenue | 119679 | ||||||||||
| Fund Group | $ | 47,500 | $ | 47,500 | 119680 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,582,820 | $ | 2,582,820 | 119681 | ||||||
| LUPUS PROGRAM | 119682 |
| Of the foregoing appropriation item 149502, Lupus Program, | 119683 |
| $250,000 in each fiscal year shall be used for additional lupus | 119684 |
| education and awareness activities. | 119685 |
| Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR | 119686 |
| REGISTRATION BOARD | 119687 |
| General Services Fund Group | 119688 |
| 4K90 | 865601 | Operating Expenses | $ | 334,995 | $ | 334,995 | 119689 | ||||
| TOTAL GSF General Services | 119690 | ||||||||||
| Fund Group | $ | 334,995 | $ | 334,995 | 119691 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 334,995 | $ | 334,995 | 119692 | ||||||
| Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES | 119694 |
| General Revenue Fund | 119695 |
| GRF | 725401 | Wildlife-GRF Central Support | $ | 2,300,000 | $ | 2,300,000 | 119696 | ||||
| GRF | 725413 | Lease Rental Payments | $ | 21,417,400 | $ | 21,556,500 | 119697 | ||||
| GRF | 725423 | Stream and Ground Water Gauging | $ | 175,000 | $ | 175,000 | 119698 | ||||
| GRF | 725456 | Canal Lands | $ | 300,000 | $ | 300,000 | 119699 | ||||
| GRF | 725502 | Soil and Water Districts | $ | 4,500,000 | $ | 900,000 | 119700 | ||||
| GRF | 725652 | Natural Resources Operations | $ | 4,886,947 | $ | 4,492,839 | 119701 | ||||
| GRF | 725903 | Natural Resources General Obligation Debt Service | $ | 26,334,400 | $ | 26,549,400 | 119702 | ||||
| GRF | 727321 | Division of Forestry | $ | 6,906,376 | $ | 6,906,376 | 119703 | ||||
| GRF | 728321 | Division of Geological Survey | $ | 1,550,000 | $ | 1,550,000 | 119704 | ||||
| GRF | 729321 | Office of Information Technology | $ | 350,000 | $ | 350,000 | 119705 | ||||
| GRF | 730321 | Division of Parks and Recreation | $ | 36,119,971 | $ | 36,119,971 | 119706 | ||||
| GRF | 736321 | Division of Engineering | $ | 3,000,000 | $ | 3,000,000 | 119707 | ||||
| GRF | 737321 | Division of Soil and Water Resources | $ | 6,628,562 | $ | 6,628,562 | 119708 | ||||
| GRF | 738321 | Division of Real Estate and Land Management | $ | 2,000,000 | $ | 2,000,000 | 119709 | ||||
| GRF | 741321 | Division of Natural Areas and Preserves | $ | 2,339,873 | $ | 2,333,981 | 119710 | ||||
| GRF | 744321 | Division of Mineral Resources Management | $ | 5,029,708 | $ | 4,152,364 | 119711 | ||||
| TOTAL GRF General Revenue Fund | $ | 123,838,237 | $ | 119,314,993 | 119712 | ||||||
| General Services Fund Group | 119713 |
| 1550 | 725601 | Departmental Projects | $ | 2,235,462 | $ | 2,319,955 | 119714 | ||||
| 1570 | 725651 | Central Support Indirect | $ | 6,500,000 | $ | 6,500,000 | 119715 | ||||
| 2040 | 725687 | Information Services | $ | 4,200,000 | $ | 4,400,448 | 119716 | ||||
| 2070 | 725690 | Real Estate Services | $ | 130,000 | $ | 132,000 | 119717 | ||||
| 2230 | 725665 | Law Enforcement Administration | $ | 2,062,410 | $ | 2,062,410 | 119718 | ||||
| 2270 | 725406 | Parks Projects Personnel | $ | 250,000 | $ | 250,000 | 119719 | ||||
| 4300 | 725671 | Canal Lands | $ | 916,541 | $ | 922,424 | 119720 | ||||
| 4D50 | 725618 | Recycled Materials | $ | 100,000 | $ | 100,000 | 119721 | ||||
| 4S90 | 725622 | NatureWorks Personnel | $ | 412,740 | $ | 412,740 | 119722 | ||||
| 4X80 | 725662 | Water Resources Council | $ | 138,900 | $ | 138,900 | 119723 | ||||
| 5080 | 725684 | Natural Resources Publications | $ | 221,607 | $ | 177,295 | 119724 | ||||
| 5100 | 725631 | Maintenance - State-owned Residences | $ | 303,611 | $ | 303,611 | 119725 | ||||
| 5160 | 725620 | Water Management | $ | 2,931,513 | $ | 2,931,513 | 119726 | ||||
| 6350 | 725664 | Fountain Square Facilities Management | $ | 3,715,398 | $ | 3,715,398 | 119727 | ||||
| 6970 | 725670 | Submerged Lands | $ | 1,072,011 | $ | 772,011 | 119728 | ||||
| TOTAL GSF General Services | 119729 | ||||||||||
| Fund Group | $ | 25,190,193 | $ | 25,138,705 | 119730 | ||||||
| Federal Special Revenue Fund Group | 119731 |
| 3320 | 725669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 119732 | ||||
| 3B30 | 725640 | Federal Forest Pass-Thru | $ | 600,000 | $ | 600,000 | 119733 | ||||
| 3B40 | 725641 | Federal Flood Pass-Thru | $ | 700,000 | $ | 700,000 | 119734 | ||||
| 3B50 | 725645 | Federal Abandoned Mine Lands | $ | 14,307,667 | $ | 14,307,667 | 119735 | ||||
| 3B60 | 725653 | Federal Land and Water Conservation Grants | $ | 2,000,000 | $ | 2,000,000 | 119736 | ||||
| 3B70 | 725654 | Reclamation - Regulatory | $ | 2,394,565 | $ | 2,388,775 | 119737 | ||||
| 3P00 | 725630 | Natural Areas and Preserves - Federal | $ | 215,000 | $ | 215,000 | 119738 | ||||
| 3P10 | 725632 | Geological Survey - Federal | $ | 689,506 | $ | 692,401 | 119739 | ||||
| 3P20 | 725642 | Oil and Gas-Federal | $ | 231,456 | $ | 234,509 | 119740 | ||||
| 3P30 | 725650 | Coastal Management - Federal | $ | 1,711,237 | $ | 1,711,237 | 119741 | ||||
| 3P40 | 725660 | Federal - Soil and Water Resources | $ | 316,734 | $ | 316,734 | 119742 | ||||
| 3R50 | 725673 | Acid Mine Drainage Abatement/Treatment | $ | 2,025,001 | $ | 2,025,001 | 119743 | ||||
| 3Z50 | 725657 | Federal Recreation and Trails | $ | 1,850,000 | $ | 1,850,000 | 119744 | ||||
| TOTAL FED Federal Special Revenue | 119745 | ||||||||||
| Fund Group | $ | 27,299,268 | $ | 27,299,426 | 119746 | ||||||
| State Special Revenue Fund Group | 119747 |
| 4J20 | 725628 | Injection Well Review | $ | 119,895 | $ | 119,996 | 119748 | ||||
| 4M70 | 725686 | Wildfire Suppression | $ | 100,000 | $ | 100,000 | 119749 | ||||
| 4U60 | 725668 | Scenic Rivers Protection | $ | 100,000 | $ | 100,000 | 119750 | ||||
| 5090 | 725602 | State Forest | $ | 6,211,924 | $ | 6,211,924 | 119751 | ||||
| 5110 | 725646 | Ohio Geological Mapping | $ | 724,310 | $ | 723,515 | 119752 | ||||
| 5120 | 725605 | State Parks Operations | $ | 29,885,528 | $ | 29,885,528 | 119753 | ||||
| 5140 | 725606 | Lake Erie Shoreline | $ | 1,074,113 | $ | 974,113 | 119754 | ||||
| 5180 | 725643 | Oil and Gas Permit Fees | $ | 2,574,378 | $ | 2,574,378 | 119755 | ||||
| 5180 | 725677 | Oil and Gas Well Plugging | $ | 800,000 | $ | 800,000 | 119756 | ||||
| 5210 | 725627 | Off-Road Vehicle Trails | $ | 143,490 | $ | 143,490 | 119757 | ||||
| 5220 | 725656 | Natural Areas and Preserves | $ | 1,550,670 | $ | 1,550,670 | 119758 | ||||
| 5260 | 725610 | Strip Mining Administration Fee | $ | 3,267,587 | $ | 3,364,361 | 119759 | ||||
| 5270 | 725637 | Surface Mining Administration | $ | 1,946,591 | $ | 1,946,591 | 119760 | ||||
| 5290 | 725639 | Unreclaimed Land Fund | $ | 2,021,713 | $ | 2,023,831 | 119761 | ||||
| 5310 | 725648 | Reclamation Forfeiture | $ | 2,062,237 | $ | 2,062,237 | 119762 | ||||
| 5320 | 725644 | Litter Control and Recycling | $ | 6,280,681 | $ | 6,280,681 | 119763 | ||||
| 5860 | 725633 | Scrap Tire Program | $ | 1,500,000 | $ | 1,500,000 | 119764 | ||||
| 5B30 | 725674 | Mining Regulation | 28,850 | 28,850 | 119765 | ||||||
| 5BV0 | 725683 | Soil and Water Districts | $ | 10,875,577 | $ | 15,104,906 | 119766 | ||||
| 5CU0 | 725647 | Mine Safety | $ | 3,053,843 | $ | 3,199,923 | 119767 | ||||
| 5EJ0 | 725608 | Forestry Law Enforcement | $ | 1,000 | $ | 1,000 | 119768 | ||||
| 5EK0 | 725611 | Natural Areas & Preserves Law Enforcement | $ | 1,000 | $ | 1,000 | 119769 | ||||
| 5EL0 | 725612 | Wildlife Law Enforcement | $ | 12,000 | $ | 12,000 | 119770 | ||||
| 5EM0 | 725613 | Park Law Enforcement | $ | 34,000 | $ | 34,000 | 119771 | ||||
| 5EN0 | 725614 | Watercraft Law Enforcement | $ | 2,500 | $ | 2,500 | 119772 | ||||
| 6150 | 725661 | Dam Safety | $ | 807,403 | $ | 807,403 | 119773 | ||||
| TOTAL SSR State Special Revenue | 119774 | ||||||||||
| Fund Group | $ | 75,179,290 | $ | 79,552,897 | 119775 | ||||||
| Clean Ohio Conservation Fund Group | 119776 |
| 7061 | 725405 | Clean Ohio Operating | $ | 310,000 | $ | 310,000 | 119777 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 310,000 | $ | 310,000 | 119778 | ||||||
| Wildlife Fund Group | 119779 |
| 5P20 | 725634 | Wildlife Boater Angler Administration | $ | 2,000,000 | $ | 2,000,000 | 119780 | ||||
| 7015 | 740401 | Division of Wildlife Conservation | $ | 58,614,436 | $ | 54,906,000 | 119781 | ||||
| 8150 | 725636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 119782 | ||||
| 8160 | 725649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 119783 | ||||
| 8170 | 725655 | Wildlife Conservation Checkoff Fund | $ | 2,800,000 | $ | 2,800,000 | 119784 | ||||
| 8180 | 725629 | Cooperative Fisheries Research | $ | 1,500,000 | $ | 1,500,000 | 119785 | ||||
| 8190 | 725685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 119786 | ||||
| TOTAL WLF Wildlife Fund Group | $ | 66,130,354 | $ | 62,421,918 | 119787 | ||||||
| Waterways Safety Fund Group | 119788 |
| 7086 | 725414 | Waterways Improvement | $ | 4,265,575 | $ | 4,265,575 | 119789 | ||||
| 7086 | 725418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 119790 | ||||
| 7086 | 725501 | Waterway Safety Grants | $ | 137,867 | $ | 137,867 | 119791 | ||||
| 7086 | 725506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 119792 | ||||
| 7086 | 725513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 119793 | ||||
| 7086 | 739401 | Division of Watercraft | $ | 19,949,181 | $ | 19,949,181 | 119794 | ||||
| TOTAL WSF Waterways Safety Fund | 119795 | ||||||||||
| Group | $ | 25,347,601 | $ | 25,347,601 | 119796 | ||||||
| Accrued Leave Liability Fund Group | 119797 |
| 4M80 | 725675 | FOP Contract | $ | 20,844 | $ | 20,844 | 119798 | ||||
| TOTAL ALF Accrued Leave | 119799 | ||||||||||
| Liability Fund Group | $ | 20,844 | $ | 20,844 | 119800 | ||||||
| Holding Account Redistribution Fund Group | 119801 |
| R017 | 725659 | Performance Cash Bond Refunds | $ | 296,263 | $ | 296,263 | 119802 | ||||
| R043 | 725624 | Forestry | $ | 2,000,000 | $ | 2,000,000 | 119803 | ||||
| TOTAL 090 Holding Account | 119804 | ||||||||||
| Redistribution Fund Group | $ | 2,296,263 | $ | 2,296,263 | 119805 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 345,612,050 | $ | 341,702,647 | 119806 | ||||||
| Section 343.20. CENTRAL SUPPORT INDIRECT | 119808 |
| With the exception of the Division of Wildlife, whose direct | 119809 |
| and indirect central support charges shall be paid out of the | 119810 |
| General Revenue Fund from the foregoing appropriation item | 119811 |
| 725401, Wildlife-GRF Central Support, the Department of Natural | 119812 |
| Resources, with approval of the Director of Budget and Management, | 119813 |
| shall utilize a methodology for determining each division's | 119814 |
| payments into the Central Support Indirect Fund (Fund 1570). The | 119815 |
| methodology used shall contain the characteristics of | 119816 |
| administrative ease and uniform application in compliance with | 119817 |
| federal grant requirements. It may include direct cost charges for | 119818 |
| specific services provided. Payments to Fund 1570 shall be made | 119819 |
| using an intrastate transfer voucher. | 119820 |
| Section 343.20.10. FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS | 119821 |
| The foregoing appropriation item 725652, Natural Resources | 119822 |
| Operations, shall be used to support services of the Department | 119823 |
| of Natural Resources consistent with funds received from the | 119824 |
| federal government for fiscal stabilization and recovery | 119825 |
| purposes. | 119826 |
| Section 343.20.20. WELL LOG FILING FEES | 119827 |
| The Chief of the Division of Water shall deposit fees | 119828 |
| forwarded to the Division pursuant to section 1521.05 of the | 119829 |
| Revised Code into the Departmental Services – Intrastate Fund | 119830 |
| (Fund 1550) for the purposes described in that section. | 119831 |
| Section 343.30. LEASE RENTAL PAYMENTS | 119832 |
| The foregoing appropriation item 725413, Lease Rental | 119833 |
| Payments, shall be used to meet all payments at the times they are | 119834 |
| required to be made during the period from July 1, 2009, to June | 119835 |
| 30, 2011, by the Department of Natural Resources pursuant to | 119836 |
| leases and agreements made under section 154.22 of the Revised | 119837 |
| Code. These appropriations are the source of funds pledged for | 119838 |
| bond service charges or obligations issued pursuant to Chapter | 119839 |
| 154. of the Revised Code. | 119840 |
| CANAL LANDS | 119841 |
| The foregoing appropriation item 725456, Canal Lands, shall | 119842 |
| be used to transfer funds to the Canal Lands Fund (Fund 4300) to | 119843 |
| provide operating expenses for the State Canal Lands Program. The | 119844 |
| transfer shall be made using an intrastate transfer voucher and | 119845 |
| shall be subject to the approval of the Director of Budget and | 119846 |
| Management. | 119847 |
| NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE | 119848 |
| The foregoing appropriation item 725903, Natural Resources | 119849 |
| General Obligation Debt Service, shall be used to pay all debt | 119850 |
| service and related financing costs during the period July 1, | 119851 |
| 2009, to June 30, 2011, on obligations issued under sections | 119852 |
| 151.01 and 151.05 of the Revised Code. | 119853 |
| Section 343.30.10. FOUNTAIN SQUARE | 119854 |
| The foregoing appropriation item 725664, Fountain Square | 119855 |
| Facilities Management, shall be used for payment of repairs, | 119856 |
| renovation, utilities, property management, and building | 119857 |
| maintenance expenses for the Fountain Square complex. Cash | 119858 |
| transferred by intrastate transfer vouchers from various | 119859 |
| department funds and rental income received by the Department of | 119860 |
| Natural Resources shall be deposited into the Fountain Square | 119861 |
| Facilities Management Fund (Fund 6350). | 119862 |
| Section 343.40. SOIL AND WATER DISTRICTS | 119863 |
| In addition to state payments to soil and water conservation | 119864 |
| districts authorized by section 1515.10 of the Revised Code, the | 119865 |
| Department of Natural Resources may use appropriation item 725502, | 119866 |
| Soil and Water Districts, to pay any soil and water conservation | 119867 |
| district an annual amount not to exceed $30,000, upon receipt of | 119868 |
| a request and justification from the district and approval by the | 119869 |
| Ohio Soil and Water Conservation Commission. The county auditor | 119870 |
| shall credit the payments to the special fund established under | 119871 |
| section 1515.10 of the Revised Code for the local soil and water | 119872 |
| conservation district. Moneys received by each district shall be | 119873 |
| expended for the purposes of the district. | 119874 |
| The foregoing appropriation item 725683, Soil and Water | 119875 |
| Districts, shall be expended for the purposes described above, | 119876 |
| except that the funding source for this appropriation shall be | 119877 |
| fees applied on the disposal of construction and demolition | 119878 |
| debris and municipal solid waste as provided in section 1515.14 of | 119879 |
| the Revised Code. | 119880 |
| OIL AND GAS WELL PLUGGING | 119881 |
| The foregoing appropriation item 725677, Oil and Gas Well | 119882 |
| Plugging, shall be used exclusively for the purposes of plugging | 119883 |
| wells and to properly restore the land surface of idle and orphan | 119884 |
| oil and gas wells pursuant to section 1509.071 of the Revised | 119885 |
| Code. No funds from the appropriation item shall be used for | 119886 |
| salaries, maintenance, equipment, or other administrative | 119887 |
| purposes, except for those costs directly attributed to the | 119888 |
| plugging of an idle or orphan well. This appropriation item shall | 119889 |
| not be used to transfer cash to any other fund or appropriation | 119890 |
| item. | 119891 |
| LITTER CONTROL AND RECYCLING | 119892 |
| Of the foregoing appropriation item 725644, Litter Control | 119893 |
| and Recycling, up to $1,500,000 may be used in each fiscal year | 119894 |
| for the administration of the Recycling and Litter Prevention | 119895 |
| Program. | 119896 |
| Section 343.40.10. CLEAN OHIO OPERATING EXPENSES | 119897 |
| The foregoing appropriation item 725405, Clean Ohio | 119898 |
| Operating, shall be used by the Department of Natural Resources in | 119899 |
| administering section 1519.05 of the Revised Code. | 119900 |
| Section 343.50. WATERCRAFT MARINE PATROL | 119901 |
| Of the foregoing appropriation item 739401, Division of | 119902 |
| Watercraft, up to $200,000 in each fiscal year shall be expended | 119903 |
| for the purchase of equipment for marine patrols qualifying for | 119904 |
| funding from the Department of Natural Resources pursuant to | 119905 |
| section 1547.67 of the Revised Code. Proposals for equipment shall | 119906 |
| accompany the submission of documentation for receipt of a marine | 119907 |
| patrol subsidy pursuant to section 1547.67 of the Revised Code and | 119908 |
| shall be loaned to eligible marine patrols pursuant to a | 119909 |
| cooperative agreement between the Department of Natural Resources | 119910 |
| and the eligible marine patrol. | 119911 |
| Section 343.60. PARKS CAPITAL EXPENSES FUND | 119912 |
| The Director of Natural Resources shall submit to the | 119913 |
| Director of Budget and Management the estimated design, | 119914 |
| engineering, and planning costs of capital-related work to be done | 119915 |
| by Department of Natural Resources staff for parks projects. If | 119916 |
| the Director of Budget and Management approves the estimated | 119917 |
| costs, the Director may release appropriations from appropriation | 119918 |
| item C725E6, Project Planning, in the Parks and Recreation | 119919 |
| Improvement Fund (Fund 7035), for those purposes. Upon release of | 119920 |
| the appropriations, the Department of Natural Resources shall pay | 119921 |
| for these expenses from the Parks Capital Expenses Fund (Fund | 119922 |
| 2270). Expenses paid from Fund 2270 shall be reimbursed by Fund | 119923 |
| 7035 using an intrastate transfer voucher. | 119924 |
| NATUREWORKS CAPITAL EXPENSES FUND | 119925 |
| The Department of Natural Resources shall periodically | 119926 |
| prepare and submit to the Director of Budget and Management the | 119927 |
| estimated design, planning, and engineering costs of | 119928 |
| capital-related work to be done by Department of Natural Resources | 119929 |
| staff for each capital improvement project within the Ohio Parks | 119930 |
| and Natural Resources Fund (Fund 7031). If the Director of Budget | 119931 |
| and Management approves the estimated costs, the Director may | 119932 |
| release appropriations from appropriation item C725E5, Project | 119933 |
| Planning, in fund 7031, for those purposes. Upon release of the | 119934 |
| appropriations, the Department of Natural Resources shall pay for | 119935 |
| these expenses from the Capital Expenses Fund (Fund 4S90). | 119936 |
| Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by | 119937 |
| using an intrastate transfer voucher. | 119938 |
| Section 345.10. NUR STATE BOARD OF NURSING | 119939 |
| General Services Fund Group | 119940 |
| 4K90 | 884609 | Operating Expenses | $ | 5,661,280 | $ | 5,661,280 | 119941 | ||||
| 5AC0 | 884602 | Nurse Education Grant Program | $ | 1,450,000 | $ | 1,450,000 | 119942 | ||||
| 5P80 | 884601 | Nursing Special Issues | $ | 5,000 | $ | 5,000 | 119943 | ||||
| TOTAL GSF General Services | 119944 | ||||||||||
| Fund Group | $ | 7,116,280 | $ | 7,116,280 | 119945 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,116,280 | $ | 7,116,280 | 119946 | ||||||
| NURSING SPECIAL ISSUES | 119947 |
| The foregoing appropriation item 884601, Nursing Special | 119948 |
| Issues (Fund 5P80), shall be used to pay the costs the Board of | 119949 |
| Nursing incurs in implementing section 4723.062 of the Revised | 119950 |
| Code. | 119951 |
| Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, | 119952 |
| AND ATHLETIC TRAINERS BOARD | 119953 |
| General Services Fund Group | 119954 |
| 4K90 | 890609 | Operating Expenses | $ | 963,984 | $ | 963,984 | 119955 | ||||
| TOTAL GSF General Services Fund Group | $ | 963,984 | $ | 963,984 | 119956 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 963,984 | $ | 963,984 | 119957 | ||||||
| Section 348.10. OLA OHIOANA LIBRARY ASSOCIATION | 119959 |
| General Revenue Fund | 119960 |
| GRF | 355501 | Library Subsidy | $ | 160,000 | $ | 160,000 | 119961 | ||||
| TOTAL GRF General Revenue Fund | $ | 160,000 | $ | 160,000 | 119962 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 160,000 | $ | 160,000 | 119963 | ||||||
| Section 349.10. ODB OHIO OPTICAL DISPENSERS BOARD | 119965 |
| General Services Fund Group | 119966 |
| 4K90 | 894609 | Operating Expenses | $ | 345,324 | $ | 345,324 | 119967 | ||||
| TOTAL GSF General Services | 119968 | ||||||||||
| Fund Group | $ | 345,324 | $ | 345,324 | 119969 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 345,324 | $ | 345,324 | 119970 | ||||||
| Section 351.10. OPT STATE BOARD OF OPTOMETRY | 119972 |
| General Services Fund Group | 119973 |
| 4K90 | 885609 | Operating Expenses | $ | 351,071 | $ | 351,071 | 119974 | ||||
| TOTAL GSF General Services | 119975 | ||||||||||
| Fund Group | $ | 351,071 | $ | 351,071 | 119976 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 351,071 | $ | 351,071 | 119977 | ||||||
| Section 353.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, | 119979 |
| AND PEDORTHICS | 119980 |
| General Services Fund Group | 119981 |
| 4K90 | 973609 | Operating Expenses | $ | 116,260 | $ | 116,260 | 119982 | ||||
| TOTAL GSF General Services | 119983 | ||||||||||
| Fund Group | $ | 116,260 | $ | 116,260 | 119984 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 116,260 | $ | 116,260 | 119985 | ||||||
| Section 355.10. UST PETROLEUM UNDERGROUND STORAGE TANK | 119986 |
| Agency Fund Group | 119987 |
| 6910 | 810632 | PUSTRCB Staff | $ | 1,134,860 | $ | 1,144,627 | 119988 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,134,860 | $ | 1,144,627 | 119989 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,134,860 | $ | 1,144,627 | 119990 | ||||||
| Section 357.10. PRX STATE BOARD OF PHARMACY | 119992 |
| General Services Fund Group | 119993 |
| 4A50 | 887605 | Drug Law Enforcement | $ | 75,500 | $ | 75,500 | 119994 | ||||
| 4K90 | 887609 | Operating Expenses | $ | 5,251,032 | $ | 5,251,032 | 119995 | ||||
| TOTAL GSF General Services Fund Group | $ | 5,326,532 | $ | 5,326,532 | 119996 | ||||||
| Federal Special Revenue Fund Group | 119997 |
| 3BC0 | 887604 | Dangerous Drugs Database | $ | 493,164 | $ | 500,891 | 119998 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 493,164 | $ | 500,891 | 119999 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,819,696 | $ | 5,827,423 | 120000 | ||||||
| Section 359.10. PSY STATE BOARD OF PSYCHOLOGY | 120002 |
| General Services Fund Group | 120003 |
| 4K90 | 882609 | Operating Expenses | $ | 566,000 | $ | 586,000 | 120004 | ||||
| TOTAL GSF General Services | 120005 | ||||||||||
| Fund Group | $ | 566,000 | $ | 586,000 | 120006 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 566,000 | $ | 586,000 | 120007 | ||||||
| Section 361.10. PUB OHIO PUBLIC DEFENDER COMMISSION | 120009 |
| General Revenue Fund | 120010 |
| GRF | 019321 | Public Defender Administration | $ | 772,500 | $ | 612,600 | 120011 | ||||
| GRF | 019401 | State Legal Defense Services | $ | 4,377,500 | $ | 3,471,400 | 120012 | ||||
| GRF | 019403 | Multi-County: State Share | $ | 1,308,201 | $ | 1,456,835 | 120013 | ||||
| GRF | 019404 | Trumbull County - State Share | $ | 430,217 | $ | 467,727 | 120014 | ||||
| GRF | 019405 | Training Account | $ | 50,000 | $ | 50,000 | 120015 | ||||
| GRF | 019501 | County Reimbursement | $ | 22,767,720 | $ | 17,898,638 | 120016 | ||||
| TOTAL GRF General Revenue Fund | $ | 29,706,138 | $ | 23,957,200 | 120017 | ||||||
| General Services Fund Group | 120018 |
| 4070 | 019604 | County Representation | $ | 196,650 | $ | 207,143 | 120019 | ||||
| 4080 | 019605 | Client Payments | $ | 865,798 | $ | 886,500 | 120020 | ||||
| 5CX0 | 019617 | Civil Case Filing Fee | $ | 743,076 | $ | 772,121 | 120021 | ||||
| TOTAL GSF General Services | 120022 | ||||||||||
| Fund Group | $ | 1,805,524 | $ | 1,865,764 | 120023 | ||||||
| Federal Special Revenue Fund Group | 120024 |
| 3S80 | 019608 | Federal Representation | $ | 202,347 | $ | 212,303 | 120025 | ||||
| TOTAL FED Federal Special Revenue | 120026 | ||||||||||
| Fund Group | $ | 202,347 | $ | 212,303 | 120027 | ||||||
| State Special Revenue Fund Group | 120028 |
| 4C70 | 019601 | Multi-County: County Share | $ | 2,227,056 | $ | 2,384,210 | 120029 | ||||
| 4X70 | 019610 | Trumbull County - County Share | $ | 732,393 | $ | 765,467 | 120030 | ||||
| 5740 | 019606 | Civil Legal Aid | $ | 35,000,000 | $ | 35,000,000 | 120031 | ||||
| 5DY0 | 019618 | Indigent Defense Support - County Share | $ | 27,783,000 | $ | 37,044,000 | 120032 | ||||
| 5DY0 | 019619 | Indigent Defense Support Fund - State Office | $ | 3,087,000 | $ | 4,116,000 | 120033 | ||||
| TOTAL SSR State Special Revenue | 120034 | ||||||||||
| Fund Group | $ | 68,829,449 | $ | 79,309,677 | 120035 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 100,543,458 | $ | 105,344,944 | 120036 | ||||||
| INDIGENT DEFENSE OFFICE | 120037 |
| The foregoing appropriation items 019404, Trumbull County - | 120038 |
| State Share, and 019610, Trumbull County - County Share, shall be | 120039 |
| used to support an indigent defense office for Trumbull County. | 120040 |
| MULTI-COUNTY OFFICE | 120041 |
| The foregoing appropriation items 019403, Multi-County: State | 120042 |
| Share, and 019601, Multi-County: County Share, shall be used to | 120043 |
| support the Office of the Ohio Public Defender's Multi-County | 120044 |
| Branch Office Program. | 120045 |
| TRAINING ACCOUNT | 120046 |
| The foregoing appropriation item 019405, Training Account, | 120047 |
| shall be used by the Ohio Public Defender to provide legal | 120048 |
| training programs at no cost for private appointed counsel who | 120049 |
| represent at least one indigent defendant at no cost and for state | 120050 |
| and county public defenders and attorneys who contract with the | 120051 |
| Ohio Public Defender to provide indigent defense services. | 120052 |
| FEDERAL REPRESENTATION | 120053 |
| The foregoing appropriation item 019608, Federal | 120054 |
| Representation, shall be used to receive reimbursements from the | 120055 |
| federal courts when the Ohio Public Defender provides | 120056 |
| representation in federal court cases and to support | 120057 |
| representation in such cases. | 120058 |
| Section 363.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO | 120059 |
| General Services Fund Group | 120060 |
| 5F60 | 870622 | Utility and Railroad Regulation | $ | 34,455,627 | $ | 34,455,627 | 120061 | ||||
| 5F60 | 870624 | NARUC/NRRI Subsidy | $ | 158,000 | $ | 158,000 | 120062 | ||||
| 5F60 | 870625 | Motor Transportation Regulation | $ | 6,071,829 | $ | 6,071,829 | 120063 | ||||
| 5Q50 | 870626 | Telecommunications Relay Service | $ | 5,000,000 | $ | 5,000,000 | 120064 | ||||
| TOTAL GSF General Services | 120065 | ||||||||||
| Fund Group | $ | 45,685,456 | $ | 45,685,456 | 120066 | ||||||
| Federal Special Revenue Fund Group | 120067 |
| 3330 | 870601 | Gas Pipeline Safety | $ | 597,959 | $ | 597,959 | 120068 | ||||
| 3500 | 870608 | Motor Carrier Safety | $ | 7,351,660 | $ | 7,351,660 | 120069 | ||||
| 3V30 | 870604 | Commercial Vehicle Information Systems/Networks | $ | 100,000 | $ | 100,000 | 120070 | ||||
| TOTAL FED Federal Special Revenue | 120071 | ||||||||||
| Fund Group | $ | 8,049,619 | $ | 8,049,619 | 120072 | ||||||
| State Special Revenue Fund Group | 120073 |
| 4A30 | 870614 | Grade Crossing Protection Devices-State | $ | 1,349,757 | $ | 1,349,757 | 120074 | ||||
| 4L80 | 870617 | Pipeline Safety-State | $ | 187,621 | $ | 187,621 | 120075 | ||||
| 4S60 | 870618 | Hazardous Material Registration | $ | 464,325 | $ | 464,325 | 120076 | ||||
| 4S60 | 870621 | Hazardous Materials Base State Registration | $ | 373,346 | $ | 373,346 | 120077 | ||||
| 4U80 | 870620 | Civil Forfeitures | $ | 284,986 | $ | 284,986 | 120078 | ||||
| 5590 | 870605 | Public Utilities Territorial Administration | $ | 4,000 | $ | 4,000 | 120079 | ||||
| 5600 | 870607 | Special Assessment | $ | 100,000 | $ | 100,000 | 120080 | ||||
| 5610 | 870606 | Power Siting Board | $ | 647,893 | $ | 647,893 | 120081 | ||||
| 5BP0 | 870623 | Wireless 9-1-1 Administration | $ | 34,417,000 | $ | 36,443,000 | 120082 | ||||
| 6380 | 870611 | Biofuels/Municipal Waste Technology | $ | 40,000 | $ | 40,000 | 120083 | ||||
| 6610 | 870612 | Hazardous Materials Transportation | $ | 900,000 | $ | 900,000 | 120084 | ||||
| TOTAL SSR State Special Revenue | 120085 | ||||||||||
| Fund Group | $ | 38,768,928 | $ | 40,794,928 | 120086 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 92,504,003 | $ | 94,530,003 | 120087 | ||||||
| Section 365.10. PWC PUBLIC WORKS COMMISSION | 120089 |
| General Revenue Fund | 120090 |
| GRF | 150904 | Conservation General Obligation Debt Service | $ | 20,711,100 | $ | 25,684,900 | 120091 | ||||
| GRF | 150907 | State Capital Improvements | $ | 148,331,900 | $ | 163,443,500 | 120092 | ||||
| General Obligation Debt Service | 120093 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 169,043,000 | $ | 189,128,400 | 120094 | ||||||
| Local Infrastructure Improvements Fund Group | 120095 |
| 7039 | 150909 | Local Infrastructure Development | $ | 261,027 | $ | 269,555 | 120096 | ||||
| TOTAL LIF Local Infrastructure Improvements Fund Group | $ | 261,027 | $ | 269,555 | 120097 | ||||||
| Clean Ohio Conservation Fund Group | 120098 |
| 7056 | 150403 | Clean Ohio Operating Expenses | $ | 304,332 | $ | 311,509 | 120099 | ||||
| TOTAL 056 Clean Ohio Conservation Fund Group | $ | 304,332 | $ | 311,509 | 120100 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 169,608,359 | $ | 189,709,464 | 120101 | ||||||
| CONSERVATION GENERAL OBLIGATION DEBT SERVICE | 120102 |
| The foregoing appropriation item 150904, Conservation General | 120103 |
| Obligation Debt Service, shall be used to pay all debt service and | 120104 |
| related financing costs during the period from July 1, 2009, | 120105 |
| through June 30, 2011, at the times they are required to be made | 120106 |
| for obligations issued under sections 151.01 and 151.09 of the | 120107 |
| Revised Code. | 120108 |
| STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE | 120109 |
| The foregoing appropriation item 150907, State Capital | 120110 |
| Improvements General Obligation Debt Service, shall be used to pay | 120111 |
| all debt service and related financing costs during the period | 120112 |
| from July 1, 2009, to June 30, 2011, at the times they are | 120113 |
| required to be made for obligations issued under sections 151.01 | 120114 |
| and 151.08 of the Revised Code. | 120115 |
| CLEAN OHIO OPERATING EXPENSES | 120116 |
| The foregoing appropriation item 150403, Clean Ohio | 120117 |
| Operating Expenses, shall be used by the Ohio Public Works | 120118 |
| Commission in administering sections 164.20 to 164.27 of the | 120119 |
| Revised Code. | 120120 |
| REIMBURSEMENT TO THE GENERAL REVENUE FUND | 120121 |
| (A) On or before July 15, 2011, the Director of the Public | 120122 |
| Works Commission shall certify to the Director of Budget and | 120123 |
| Management the following: | 120124 |
| (1) The total amount disbursed from appropriation item | 120125 |
| 700409, Farmland Preservation, during the FY 2010-FY 2011 | 120126 |
| biennium; and | 120127 |
| (2) The amount of interest earnings that have been credited | 120128 |
| to the Clean Ohio Conservation Fund (Fund 7056) that are in excess | 120129 |
| of the amount needed for other purposes as calculated by the | 120130 |
| Director of the Public Works Commission. | 120131 |
| (B) If the Director of Budget and Management determines under | 120132 |
| division (A)(2) of this section that there are excess interest | 120133 |
| earnings, the Director of Budget and Management shall, on or | 120134 |
| before July 15, 2011, transfer the excess interest earnings to the | 120135 |
| General Revenue Fund in an amount equal to the total amount | 120136 |
| disbursed under division (A)(1) of this section from the Clean | 120137 |
| Ohio Conservation Fund. | 120138 |
| Section 367.10. RAC STATE RACING COMMISSION | 120139 |
| State Special Revenue Fund Group | 120140 |
| 5620 | 875601 | Thoroughbred Race Fund | $ | 2,300,000 | $ | 2,300,000 | 120141 | ||||
| 5630 | 875602 | Standardbred Development Fund | $ | 1,900,000 | $ | 1,900,000 | 120142 | ||||
| 5640 | 875603 | Quarterhorse Development Fund | $ | 1,000 | $ | 1,000 | 120143 | ||||
| 5650 | 875604 | Racing Commission Operating | $ | 3,742,342 | $ | 3,758,818 | 120144 | ||||
| 5C40 | 875607 | Simulcast Horse Racing Purse | $ | 14,000,000 | $ | 14,000,000 | 120145 | ||||
| TOTAL SSR State Special Revenue | 120146 | ||||||||||
| Fund Group | $ | 21,943,342 | $ | 21,959,818 | 120147 | ||||||
| Holding Account Redistribution Fund Group | 120148 |
| R021 | 875605 | Bond Reimbursements | $ | 145,000 | $ | 145,000 | 120149 | ||||
| TOTAL 090 Holding Account Redistribution | 120150 | ||||||||||
| Fund Group | $ | 145,000 | $ | 145,000 | 120151 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 22,088,342 | $ | 22,104,818 | 120152 | ||||||
| Section 371.10. BOR BOARD OF REGENTS | 120154 |
| General Revenue Fund | 120155 |
| GRF | 235321 | Operating Expenses | $ | 2,439,835 | $ | 2,439,835 | 120156 | ||||
| GRF | 235401 | Lease Rental Payments | $ | 124,461,100 | $ | 107,897,100 | 120157 | ||||
| GRF | 235402 | Sea Grants | $ | 375,000 | $ | 375,000 | 120158 | ||||
| GRF | 235406 | Articulation and Transfer | $ | 2,610,000 | $ | 2,610,000 | 120159 | ||||
| GRF | 235408 | Midwest Higher Education Compact | $ | 95,000 | $ | 95,000 | 120160 | ||||
| GRF | 235409 | Information System | $ | 966,804 | $ | 966,804 | 120161 | ||||
| GRF | 235414 | State Grants and Scholarship Administration | $ | 1,458,109 | $ | 1,458,109 | 120162 | ||||
| GRF | 235415 | Jobs Challenge | $ | 4,967,492 | $ | 4,967,492 | 120163 | ||||
| GRF | 235417 | Ohio Learning Network | $ | 2,807,546 | $ | 2,807,546 | 120164 | ||||
| GRF | 235428 | Appalachian New Economy Partnership | $ | 981,887 | $ | 981,887 | 120165 | ||||
| GRF | 235433 | Economic Growth Challenge | $ | 527,541 | $ | 527,541 | 120166 | ||||
| GRF | 235434 | College Readiness and Access | $ | 4,240,000 | $ | 4,240,000 | 120167 | ||||
| GRF | 235435 | Teacher Improvement Initiatives | $ | 524,000 | $ | 524,000 | 120168 | ||||
| GRF | 235438 | Choose Ohio First Scholarship | $ | 13,000,000 | $ | 16,000,000 | 120169 | ||||
| GRF | 235441 | Co-Op/Internship Program | $ | 46,500,000 | $ | 47,500,000 | 120170 | ||||
| GRF | 235442 | Teacher Fellowship | $ | 0 | $ | 2,500,000 | 120171 | ||||
| GRF | 235443 | Adult Basic and Literacy Education - State | $ | 7,650,264 | $ | 7,650,264 | 120172 | ||||
| GRF | 235444 | Post-Secondary Adult Career-Technical Education | $ | 15,791,288 | $ | 15,791,286 | 120173 | ||||
| GRF | 235474 | Area Health Education Centers Program Support | $ | 1,091,833 | $ | 1,091,833 | 120174 | ||||
| GRF | 235501 | State Share of Instruction | $ | 1,672,708,351 | $ | 1,675,554,971 | 120175 | ||||
| GRF | 235502 | Student Support Services | $ | 714,406 | $ | 714,406 | 120176 | ||||
| GRF | 235504 | War Orphans Scholarships | $ | 4,331,089 | $ | 4,331,089 | 120177 | ||||
| GRF | 235507 | OhioLINK | $ | 6,632,281 | $ | 6,632,281 | 120178 | ||||
| GRF | 235508 | Air Force Institute of Technology | $ | 1,840,659 | $ | 1,840,659 | 120179 | ||||
| GRF | 235509 | Women In Transition | $ | 125,000 | $ | 125,000 | 120180 | ||||
| GRF | 235510 | Ohio Supercomputer Center | $ | 3,834,386 | $ | 3,834,386 | 120181 | ||||
| GRF | 235511 | Cooperative Extension Service | $ | 23,518,608 | $ | 22,467,678 | 120182 | ||||
| GRF | 235513 | Ohio University Voinovich School | $ | 484,630 | $ | 484,630 | 120183 | ||||
| GRF | 235514 | Central State Supplement | $ | 12,384,106 | $ | 12,384,106 | 120184 | ||||
| GRF | 235515 | Case Western Reserve University School of Medicine | $ | 2,603,096 | $ | 2,603,096 | 120185 | ||||
| GRF | 235519 | Family Practice | $ | 3,840,127 | $ | 3,840,127 | 120186 | ||||
| GRF | 235520 | Shawnee State Supplement | $ | 2,577,393 | $ | 2,577,393 | 120187 | ||||
| GRF | 235521 | The Ohio State University John Glenn School of Public Affairs | $ | 434,630 | $ | 434,630 | 120188 | ||||
| GRF | 235524 | Police and Fire Protection | $ | 123,498 | $ | 123,498 | 120189 | ||||
| GRF | 235525 | Geriatric Medicine | $ | 633,294 | $ | 633,294 | 120190 | ||||
| GRF | 235526 | Primary Care Residencies | $ | 1,895,962 | $ | 1,895,962 | 120191 | ||||
| GRF | 235527 | Ohio Aerospace Institute | $ | 1,468,104 | $ | 1,468,104 | 120192 | ||||
| GRF | 235535 | Ohio Agricultural Research and Development Center | $ | 34,000,000 | $ | 34,000,000 | 120193 | ||||
| GRF | 235536 | The Ohio State University Clinical Teaching | $ | 11,727,036 | $ | 11,727,036 | 120194 | ||||
| GRF | 235537 | University of Cincinnati Clinical Teaching | $ | 9,645,328 | $ | 9,645,328 | 120195 | ||||
| GRF | 235538 | University of Toledo Clinical Teaching | $ | 7,518,011 | $ | 7,518,011 | 120196 | ||||
| GRF | 235539 | Wright State University Clinical Teaching | $ | 3,652,395 | $ | 3,652,395 | 120197 | ||||
| GRF | 235540 | Ohio University Clinical Teaching | $ | 3,530,882 | $ | 3,530,882 | 120198 | ||||
| GRF | 235541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 3,631,508 | $ | 3,631,508 | 120199 | ||||
| GRF | 235552 | Capital Component | $ | 20,382,568 | $ | 20,382,568 | 120200 | ||||
| GRF | 235553 | Dayton Area Graduate Studies Institute | $ | 300,000 | $ | 300,000 | 120201 | ||||
| GRF | 235555 | Library Depositories | $ | 1,522,963 | $ | 1,522,963 | 120202 | ||||
| GRF | 235556 | Ohio Academic Resources Network | $ | 3,354,501 | $ | 3,354,501 | 120203 | ||||
| GRF | 235558 | Long-term Care Research | $ | 223,711 | $ | 223,711 | 120204 | ||||
| GRF | 235563 | Ohio College Opportunity Grant | $ | 120,000,000 | $ | 135,000,000 | 120205 | ||||
| GRF | 235567 | Central State University Speed to Scale | $ | 1,775,254 | $ | 0 | 120206 | ||||
| GRF | 235572 | The Ohio State University Clinic Support | $ | 929,591 | $ | 929,591 | 120207 | ||||
| GRF | 235576 | Nonpublic Need-Based Financial Aid | $ | 70,000,000 | $ | 70,000,000 | 120208 | ||||
| GRF | 235579 | Bliss Institute | $ | 313,984 | $ | 313,984 | 120209 | ||||
| GRF | 235580 | Entrepreneurship Education Program | $ | 50,000 | $ | 50,000 | 120210 | ||||
| GRF | 235583 | Urban University Program | $ | 3,340,426 | $ | 3,340,426 | 120211 | ||||
| GRF | 235587 | Rural University Projects | $ | 708,693 | $ | 708,693 | 120212 | ||||
| GRF | 235596 | Hazardous Materials Program | $ | 373,858 | $ | 373,858 | 120213 | ||||
| GRF | 235599 | National Guard Scholarship Program | $ | 14,912,271 | $ | 14,912,271 | 120214 | ||||
| GRF | 235644 | State Share of Instruction - Federal Stimulus - Education | $ | 309,874,026 | $ | 308,802,662 | 120215 | ||||
| GRF | 235646 | State Share of Instruction - Federal Stimulus - Government Services | $ | 87,955,700 | $ | 103,302,363 | 120216 | ||||
| GRF | 235909 | Higher Education General Obligation Debt Service | $ | 85,317,700 | $ | 89,480,300 | 120217 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,765,677,725 | $ | 2,789,072,058 | 120218 | ||||||
| General Services Fund Group | 120219 |
| 2200 | 235614 | Program Approval and Reauthorization | $ | 3,000,000 | $ | 3,000,000 | 120220 | ||||
| 4560 | 235603 | Sales and Services | $ | 700,000 | $ | 700,000 | 120221 | ||||
| TOTAL GSF General Services | 120222 | ||||||||||
| Fund Group | $ | 3,700,000 | $ | 3,700,000 | 120223 | ||||||
| Federal Special Revenue Fund Group | 120224 |
| 3120 | 235609 | Tech Prep | $ | 183,849 | $ | 183,849 | 120225 | ||||
| 3120 | 235611 | Gear-up Grant | $ | 3,900,000 | $ | 3,900,000 | 120226 | ||||
| 3120 | 235612 | Carl D. Perkins Grant/Plan Administration | $ | 912,961 | $ | 912,961 | 120227 | ||||
| 3120 | 235617 | Improving Teacher Quality Grant | $ | 3,200,000 | $ | 3,200,000 | 120228 | ||||
| 3120 | 235641 | Adult Basic Literacy Education - Federal | $ | 17,869,546 | $ | 17,869,546 | 120229 | ||||
| 3BE0 | 235636 | Adult Education and Family Literacy Act Incentive Grant | $ | 1,783,583 | $ | 1,783,583 | 120230 | ||||
| 3BG0 | 235626 | Star Schools | $ | 250,000 | $ | 0 | 120231 | ||||
| 3H20 | 235608 | Human Services Project | $ | 3,500,000 | $ | 3,500,000 | 120232 | ||||
| 3N60 | 235605 | State Student Incentive Grants | $ | 2,533,339 | $ | 2,533,339 | 120233 | ||||
| 3N60 | 235638 | College Access Challenge Grant | $ | 2,268,044 | $ | 2,268,044 | 120234 | ||||
| TOTAL FED Federal Special Revenue | 120235 | ||||||||||
| Fund Group | $ | 36,401,322 | $ | 36,151,322 | 120236 | ||||||
| State Special Revenue Fund Group | 120237 |
| 4E80 | 235602 | Higher Educational Facility Commission Administration | $ | 45,000 | $ | 45,000 | 120238 | ||||
| 6490 | 235607 | The Ohio State University Highway/Transportation Research | $ | 600,000 | $ | 600,000 | 120239 | ||||
| 6820 | 235606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 120240 | ||||
| TOTAL SSR State Special Revenue | 120241 | ||||||||||
| Fund Group | $ | 1,538,000 | $ | 1,538,000 | 120242 | ||||||
| Third Frontier Research & Development Fund Group | 120243 |
| 7011 | 235634 | Research Incentive Third Frontier Fund | $ | 10,000,000 | $ | 10,000,000 | 120244 | ||||
| TOTAL 011 Third Frontier Research & Development Fund Group | $ | 10,000,000 | $ | 10,000,000 | 120245 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,817,317,047 | $ | 2,840,461,380 | 120246 | ||||||
| Section 371.10.10. LEASE RENTAL PAYMENTS | 120248 |
| The foregoing appropriation item 235401, Lease Rental | 120249 |
| Payments, shall be used to meet all payments at the times they are | 120250 |
| required to be made during the period from July 1, 2009, to June | 120251 |
| 30, 2011, by the Chancellor of the Board of Regents under leases | 120252 |
| and agreements made under section 154.21 of the Revised Code. | 120253 |
| These appropriations are the source of funds pledged for bond | 120254 |
| service charges or obligations issued pursuant to Chapter 154. of | 120255 |
| the Revised Code. | 120256 |
| Section 371.10.15. SEA GRANTS | 120257 |
| The foregoing appropriation item 235402, Sea Grants, shall be | 120258 |
| disbursed to The Ohio State University and shall be used to | 120259 |
| conduct research on fish in Lake Erie. | 120260 |
| Section 371.10.20. ARTICULATION AND TRANSFER | 120261 |
| The foregoing appropriation item 235406, Articulation and | 120262 |
| Transfer, shall be used by the Chancellor of the Board of Regents | 120263 |
| to maintain and expand the work of the Articulation and Transfer | 120264 |
| Council to develop a system of transfer policies to ensure that | 120265 |
| students at state institutions of higher education can transfer | 120266 |
| and have coursework apply to their majors and degrees at any | 120267 |
| other state institution of higher education without unnecessary | 120268 |
| duplication or institutional barriers under sections 3333.16, | 120269 |
| 3333.161, and 3333.162 of the Revised Code. | 120270 |
| Section 371.10.30. MIDWEST HIGHER EDUCATION COMPACT | 120271 |
| The foregoing appropriation item 235408, Midwest Higher | 120272 |
| Education Compact, shall be distributed by the Chancellor of the | 120273 |
| Board of Regents under section 3333.40 of the Revised Code. | 120274 |
| Section 371.10.40. INFORMATION SYSTEM | 120275 |
| The foregoing appropriation item 235409, Information System, | 120276 |
| shall be used by the Chancellor of the Board of Regents to support | 120277 |
| the development and implementation of information technology | 120278 |
| solutions designed to improve the performance and services of the | 120279 |
| Chancellor of the Board of Regents and the University System of | 120280 |
| Ohio. Information technology solutions shall be provided by the | 120281 |
| Ohio Academic Research Network (OARnet). | 120282 |
| Section 371.10.50. STATE GRANTS AND SCHOLARSHIP | 120283 |
| ADMINISTRATION | 120284 |
| The foregoing appropriation item 235414, State Grants and | 120285 |
| Scholarship Administration, shall be used by the Chancellor of the | 120286 |
| Board of Regents to administer the following student financial | 120287 |
| aid programs: Ohio College Opportunity Grant, Nonpublic Need-Based | 120288 |
| Financial Aid, Ohio War Orphans' Scholarship, Nurse Education | 120289 |
| Assistance Loan Program, Ohio Safety Officers College Memorial | 120290 |
| Fund, and any other student financial aid programs created by | 120291 |
| the General Assembly. The appropriation item also shall be used | 120292 |
| to administer the federal Leveraging Educational Assistance | 120293 |
| Partnership (LEAP) program, Special Leveraging Educational | 120294 |
| Assistance Partnership (SLEAP) program, the federal College | 120295 |
| Access Challenge Grant (CACG), and other student financial aid | 120296 |
| programs created by Congress and to provide fiscal services for | 120297 |
| the Ohio National Guard Scholarship Program. | 120298 |
| Section 371.10.60. JOBS CHALLENGE | 120299 |
| Except as provided in the sections of this act entitled | 120300 |
| "Statewide Workforce Development Initiatives" and "Fiscal Year | 120301 |
| 2011 Plan for Adult Workforce Training Programs," funds | 120302 |
| appropriated to the foregoing appropriation item 235415, Jobs | 120303 |
| Challenge, shall be used by the Chancellor of the Board of Regents | 120304 |
| to support state-assisted community and technical colleges, | 120305 |
| regional campuses of state-assisted universities, and other | 120306 |
| organizationally distinct and identifiable member campuses of the | 120307 |
| Workforce training network in support of noncredit job-related | 120308 |
| training. | 120309 |
| Support may include the promotion and delivery of coordinated | 120310 |
| assessment and comprehensive training to local employers. The | 120311 |
| Chancellor shall develop a formula for the distribution of funds. | 120312 |
| Section 371.10.70. OHIO LEARNING NETWORK | 120313 |
| The foregoing appropriation item 235417, Ohio Learning | 120314 |
| Network, shall be used by the Chancellor of the Board of Regents | 120315 |
| to support the continued implementation of the Ohio Learning | 120316 |
| Network, a consortium organized under division (U) of section | 120317 |
| 3333.04 of the Revised Code to expand access to adult and higher | 120318 |
| education opportunities through technology. The funds shall be | 120319 |
| used by the Ohio Learning Network to develop and promote learning | 120320 |
| and assessment through the use of technology, to test and provide | 120321 |
| advice on emerging learning-directed technologies, and to | 120322 |
| facilitate cost-effectiveness through shared educational | 120323 |
| technology investments. | 120324 |
| Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP | 120325 |
| The foregoing appropriation item 235428, Appalachian New | 120326 |
| Economy Partnership, shall be distributed to Ohio University to | 120327 |
| continue a multi-campus and multi-agency coordinated effort to | 120328 |
| link Appalachia to the new economy. Ohio University shall use | 120329 |
| these funds to provide leadership in the development and | 120330 |
| implementation of initiatives in the areas of entrepreneurship, | 120331 |
| management, education, and technology. | 120332 |
| Section 371.10.90. ECONOMIC GROWTH CHALLENGE | 120333 |
| The foregoing appropriation item 235433, Economic Growth | 120334 |
| Challenge, shall be used for administrative expenses of the | 120335 |
| Research Incentive Program and other economic advancement | 120336 |
| initiatives undertaken by the Chancellor of the Board of Regents. | 120337 |
| The Chancellor of the Board of Regents shall use any | 120338 |
| appropriation transfer to the foregoing appropriation item 235433, | 120339 |
| Economic Growth Challenge, to enhance the basic research | 120340 |
| capabilities of public colleges and universities and accredited | 120341 |
| Ohio institutions of higher education holding certificates of | 120342 |
| authorization issued under section 1713.02 of the Revised Code, in | 120343 |
| order to strengthen academic research for pursuing Ohio's economic | 120344 |
| development goals. The Chancellor shall give priority | 120345 |
| consideration to projects that are eligible to receive federal | 120346 |
| stimulus funds. | 120347 |
| Section 371.20.06. COLLEGE READINESS AND ACCESS | 120348 |
| Of the foregoing appropriation item 235434, College Readiness | 120349 |
| and Access, $1,000,000 in each fiscal year shall be distributed | 120350 |
| to the Ohio College Access Network. | 120351 |
| Of the foregoing appropriation item 235434, College | 120352 |
| Readiness and Access, $600,000 in each fiscal year shall be | 120353 |
| distributed to the Ohio Appalachian Center for Higher Education | 120354 |
| at Shawnee State University. The board of directors of the Center | 120355 |
| shall consist of the presidents of Shawnee State University, | 120356 |
| Belmont Technical College, Hocking College, Jefferson Community | 120357 |
| College, Zane State College, Rio Grande Community College, | 120358 |
| Southern State Community College, and Washington State Community | 120359 |
| College; the President of Ohio University or a designee of the | 120360 |
| president; the dean of one of the Salem, Tuscarawas, and East | 120361 |
| Liverpool regional campuses of Kent State University, as | 120362 |
| designated by the President of Kent State University; and a | 120363 |
| representative of the Board of Regents designated by the | 120364 |
| Chancellor. | 120365 |
| Of the foregoing appropriation item 235434, College | 120366 |
| Readiness and Access, $140,000 in each fiscal year shall be | 120367 |
| distributed to Miami University for the Student Achievement in | 120368 |
| Research and Scholarship (STARS) Program. | 120369 |
| Of the foregoing appropriation item 235434, College | 120370 |
| Readiness and Access, $2,500,000 in each fiscal year shall be used | 120371 |
| to support the Early College High School Program. The funds shall | 120372 |
| be distributed according to guidelines established by the | 120373 |
| Department of Education and the Chancellor of the Board of | 120374 |
| Regents. | 120375 |
| Section 371.20.08. TEACHER IMPROVEMENT INITIATIVES | 120376 |
| Of the foregoing appropriation item 235435, Teacher | 120377 |
| Improvement Initiatives, $204,000 in each fiscal year shall be | 120378 |
| distributed to the Porter Center for Science and Mathematics in | 120379 |
| Lake County. | 120380 |
| Of the foregoing appropriation item 235435, Teacher | 120381 |
| Improvement Initiatives, $320,000 in each fiscal year shall be | 120382 |
| used to support the Ohio View consortium of research universities. | 120383 |
| The funds shall be used by Ohio View and its member universities | 120384 |
| to develop the job pipeline in the field of geospatial technology | 120385 |
| through the training and professional development of teachers, | 120386 |
| higher education students and faculty, and employees in the public | 120387 |
| and private sectors. Ohio View shall prepare teachers of grades | 120388 |
| kindergarten through twelve to instruct students in the uses of | 120389 |
| existing geospatial technology, especially through hands-on | 120390 |
| observations. | 120391 |
| Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP | 120392 |
| Of the foregoing appropriation item 235438, Choose Ohio First | 120393 |
| Scholarship, up to $3,000,000 in each fiscal year shall be used by | 120394 |
| the Chancellor of the Board of Regents to support the Ohio Woodrow | 120395 |
| Wilson STEM Teaching Fellows Program, a program designed to | 120396 |
| attract students with high potential and strong backgrounds in | 120397 |
| science, technology, engineering, mathematics, and medical | 120398 |
| disciplines to graduate programs specially designed for teacher | 120399 |
| preparation in those disciplines. | 120400 |
| The Chancellor shall establish a competitive process for | 120401 |
| making awards under the Ohio Woodrow Wilson STEM Teaching Fellows | 120402 |
| Program to Ohio institutions of higher education that develop, | 120403 |
| transform, and implement science, technology, engineering, | 120404 |
| mathematics, and medical teacher preparation programs. | 120405 |
| Institutions shall be chosen based on a determination that they | 120406 |
| have the leadership, commitment, and capacity to meet criteria as | 120407 |
| set forth in a request for proposals issued by the Chancellor. The | 120408 |
| request for proposals shall include criteria developed by the | 120409 |
| Woodrow Wilson Foundation and an advisory panel of experts in | 120410 |
| education and science, technology, engineering, mathematics, and | 120411 |
| medical disciplines. Awards made under the Ohio Woodrow Wilson | 120412 |
| STEM Teaching Fellows Program shall not be subject to sections | 120413 |
| 3333.60 to 3333.70 of the Revised Code or any rule adopted | 120414 |
| pursuant to those sections. | 120415 |
| Of the foregoing appropriation item 235438, Choose Ohio | 120416 |
| First Scholarship, $125,000 in each fiscal year shall be used to | 120417 |
| support University Circle, Inc. | 120418 |
| The remainder of the foregoing appropriation item 235438, | 120419 |
| Choose Ohio First Scholarship, shall be used to operate the | 120420 |
| program prescribed in sections 3333.60 to 3333.70 of the Revised | 120421 |
| Code. Amounts disbursed to institutions shall be paid on a | 120422 |
| reimbursement basis. | 120423 |
| An amount equal to the unexpended, unencumbered portion of | 120424 |
| the foregoing appropriation item 235438, Choose Ohio First | 120425 |
| Scholarship, at the end of fiscal year 2010 is hereby | 120426 |
| reappropriated to the Board of Regents for the same purpose for | 120427 |
| fiscal year 2011. | 120428 |
| Section 371.20.20. CO-OP/INTERNSHIP PROGRAM | 120429 |
| (A) Except as otherwise provided in this section, the | 120430 |
| foregoing appropriation item, 235441, Co-op/Internship Program, | 120431 |
| shall be used by the Chancellor of the Board of Regents to | 120432 |
| operate the Co-op/Internship Program under sections 3333.71 to | 120433 |
| 3333.80 of the Revised Code. Funding for eligible institutions | 120434 |
| shall be disbursed in accordance with the terms of the agreements | 120435 |
| entered into under section 3333.75 of the Revised Code. | 120436 |
| (B) Of the foregoing appropriation item 235441, | 120437 |
| Co-op/Internship Program, up to $250,000 in each fiscal year shall | 120438 |
| be used by the Chancellor of the Board of Regents to establish and | 120439 |
| administer a competition for the development of successful | 120440 |
| business plans for students enrolled at Ohio institutions of | 120441 |
| higher education. Winners of the competition shall receive an | 120442 |
| award of $50,000 for the development and submission of a business | 120443 |
| plan that leads to the establishment of a business in the State of | 120444 |
| Ohio. Prior to making awards, the Chancellor may convene a panel | 120445 |
| of experts to evaluate submitted business plans and make | 120446 |
| recommendations or the Chancellor may seek collaboration with the | 120447 |
| Department of Development in the administration of the | 120448 |
| competition. Awards shall not be distributed to a student until | 120449 |
| the student provides documentation to the Chancellor that a | 120450 |
| business has been established using the student's business plan. | 120451 |
| Documentation may include a certified copy of the articles of | 120452 |
| incorporation or other business filing with the Ohio Secretary of | 120453 |
| State. Awards made under this division are not subject to sections | 120454 |
| 3333.71 to 3333.80 of the Revised Code or to any rule adopted | 120455 |
| pursuant to those sections. | 120456 |
| Any funds earmarked under this division that are unawarded or | 120457 |
| unencumbered at the end of fiscal year 2010 are hereby | 120458 |
| reappropriated for the same purpose in fiscal year 2011. | 120459 |
| (C) Of the foregoing appropriation item 235441, | 120460 |
| Co-op/Internship Program, up to $1,000,000 in each fiscal year may | 120461 |
| be used by the Chancellor of the Board of Regents to support | 120462 |
| programs at institutions of higher education that collaborate with | 120463 |
| and provide interns to businesses that have been in operation for | 120464 |
| not more than three years. The Chancellor shall establish a | 120465 |
| competitive process for making awards under this division. | 120466 |
| Institutions shall be chosen based on a determination that they | 120467 |
| have the leadership, commitment, and capacity to meet criteria as | 120468 |
| set forth in a request for proposals issued by the Chancellor. | 120469 |
| Prior to issuing a request for proposals and prior to making an | 120470 |
| award under this division, the Chancellor shall seek the advice of | 120471 |
| the Co-op/Internship Advisory Committee. An institution receiving | 120472 |
| an award under this division shall enter into an agreement with | 120473 |
| the Chancellor governing the use of the funds and setting forth | 120474 |
| reporting requirements. Awards made under this division are not | 120475 |
| subject to sections 3333.71 to 3333.80 of the Revised Code or to | 120476 |
| any rule adopted pursuant to those sections. | 120477 |
| (D) Of the foregoing appropriation item 235441, | 120478 |
| Co-op/Internship Program, $5,000,000 in each fiscal year shall be | 120479 |
| used for the grant program for employee training in the fields | 120480 |
| of biotechnology and bioscience or other field under section | 120481 |
| 3333.91 of the Revised Code. | 120482 |
| (E) Of the foregoing appropriation item 235441, | 120483 |
| Co-op/Internship Program, $500,000 in each fiscal year shall be | 120484 |
| provided to the University of Cincinnati to support Rookwood | 120485 |
| Pottery Company internship programs with state-assisted | 120486 |
| institutions of higher education. | 120487 |
| (F) At the request of the Chancellor of the Board of Regents, | 120488 |
| the Director of Budget and Management may transfer any | 120489 |
| unexpended, unencumbered appropriation in fiscal year 2010 or | 120490 |
| fiscal year 2011 as well as any appropriation repaid by eligible | 120491 |
| institutions pursuant to the terms of the grant agreement from | 120492 |
| appropriation item 235441, Co-op/Internship Program, to | 120493 |
| appropriation item 235433, Economic Growth Challenge. Any | 120494 |
| appropriation so transferred shall be used to strengthen academic | 120495 |
| research for pursuing Ohio's economic development goals under the | 120496 |
| Section of this act entitled "Economic Growth Challenge". | 120497 |
| Section 371.20.30. ADULT BASIC AND LITERACY EDUCATION | 120498 |
| Except as provided in the Sections of this act entitled | 120499 |
| "Statewide Workforce Development Initiatives" and "Fiscal Year | 120500 |
| 2011 Plan for Adult Workforce Training Programs", the foregoing | 120501 |
| appropriation item 235443, Adult Basic and Literacy Education - | 120502 |
| State, shall be used to support adult basic and literacy education | 120503 |
| instructional programs and for the operation of an adult basic and | 120504 |
| literacy education instructional grant program. The supported | 120505 |
| programs shall satisfy the state match and maintenance of effort | 120506 |
| requirements for the state-administered grant program. | 120507 |
| Of the foregoing appropriation item 235443, Adult Basic and | 120508 |
| Literacy Education - State, up to $507,558 in fiscal year 2010 | 120509 |
| shall be used for the support and operation of the State Literacy | 120510 |
| Resource Center Program. | 120511 |
| Of the foregoing appropriation item 235443, Adult Basic and | 120512 |
| Literacy Education - State, $122,000 in each fiscal year shall be | 120513 |
| used to support initiatives for English as a Second Language | 120514 |
| programs. Funding shall be distributed as follows: $60,000 in | 120515 |
| each fiscal year for Jewish Community Federation of Cleveland, | 120516 |
| $25,000 in each fiscal year for Yassenoff Jewish Community Center | 120517 |
| of Columbus, $30,000 in each fiscal year for Jewish Family | 120518 |
| Services of Cincinnati, and $7,000 in each fiscal year for Jewish | 120519 |
| Family Services of Dayton. | 120520 |
| On or before August 31, 2009, the Chancellor of the Board of | 120521 |
| Regents shall submit a funding formula to the Controlling Board | 120522 |
| for the allocation of the foregoing appropriation item 235443, | 120523 |
| Adult Basic and Literacy Education - State, in fiscal year 2010. | 120524 |
| Section 371.20.40. POST-SECONDARY ADULT CAREER-TECHNICAL | 120525 |
| EDUCATION | 120526 |
| Except as provided in the Sections of this act entitled | 120527 |
| "Statewide Workforce Development Initiatives" and "Fiscal Year | 120528 |
| 2011 Plan for Adult Workforce Training Programs", the foregoing | 120529 |
| appropriation item 235444, Post-Secondary Adult Career-Technical | 120530 |
| Education, shall be used by the Chancellor of the Board of Regents | 120531 |
| in each fiscal year to provide post-secondary adult | 120532 |
| career-technical education under sections 3313.52 and 3313.53 of | 120533 |
| the Revised Code. | 120534 |
| On or before August 31, 2009, the Chancellor of the Board of | 120535 |
| Regents shall submit a funding formula to the Controlling Board | 120536 |
| for the allocation of funds in fiscal year 2010. | 120537 |
| Section 371.20.50. STATEWIDE WORKFORCE DEVELOPMENT | 120538 |
| INITIATIVES | 120539 |
| The Chancellor may identify amounts of the foregoing | 120540 |
| appropriation items 235415, Jobs Challenge, 235443, Adult Basic | 120541 |
| and Literacy Education - State, and 235444, Post-Secondary Adult | 120542 |
| Career-Technical Education, to be used to support the Ohio Skills | 120543 |
| Bank Program and the Stackable Certificates Program. The Ohio | 120544 |
| Skills Bank Program seeks to align the education of Ohio's | 120545 |
| workforce with industry needs. The Stackable Certificates Program | 120546 |
| consists of competency-based, low-cost, noncredit and | 120547 |
| credit-bearing modules and courses in communications, | 120548 |
| mathematics, information technology, and other fields selected by | 120549 |
| the Chancellor. The program culminates in a certificate and | 120550 |
| provides recipients with a foundation for additional | 120551 |
| post-secondary education. | 120552 |
| Section 371.20.60. FISCAL YEAR 2011 PLAN FOR ADULT WORKFORCE | 120553 |
| TRAINING PROGRAMS | 120554 |
| Notwithstanding the Sections of this act entitled "Jobs | 120555 |
| Challenge," "Adult Basic and Literacy Education," and | 120556 |
| "Post-Secondary Adult Career-Technical Education," not later than | 120557 |
| June 1, 2010, the Chancellor of the Board of Regents shall submit | 120558 |
| for approval of the Controlling Board a plan for the integration | 120559 |
| of funding support for the state's adult workforce training and | 120560 |
| development programs, beginning in fiscal year 2011. Funding | 120561 |
| support in the plan shall include appropriation items 235415, Jobs | 120562 |
| Challenge, 235443, Adult Basic and Literacy Education - State, and | 120563 |
| 235444, Post-Secondary Adult Career-Technical Education. | 120564 |
| The plan shall clearly define the formulas, or competitive | 120565 |
| process, to be used for funding the activities of adult basic and | 120566 |
| literacy education program providers, state literacy resource | 120567 |
| centers, post-secondary adult career-technical education | 120568 |
| providers, and community colleges. The plan may propose the | 120569 |
| creation of new appropriation items as necessary to support its | 120570 |
| implementation. | 120571 |
| Section 371.20.70. AREA HEALTH EDUCATION CENTERS | 120572 |
| The foregoing appropriation item 235474, Area Health | 120573 |
| Education Centers Program Support, shall be used by the Chancellor | 120574 |
| of the Board of Regents to support the medical school regional | 120575 |
| area health education centers' educational programs for the | 120576 |
| continued support of medical and other health professions | 120577 |
| education and for support of the Area Health Education Center | 120578 |
| Program. | 120579 |
| Of the foregoing appropriation item 235474, Area Health | 120580 |
| Education Centers Program Support, $200,000 in each fiscal year | 120581 |
| shall be disbursed to the Ohio University College of Osteopathic | 120582 |
| Medicine to operate a mobile health care unit to serve the | 120583 |
| southeastern area of the state. | 120584 |
| Section 371.20.80. STATE SHARE OF INSTRUCTION FORMULAS | 120585 |
| On or before August 31, 2009, the Chancellor of the Board of | 120586 |
| Regents shall submit to the Controlling Board funding formulas for | 120587 |
| the allocation of the foregoing appropriation item 235501, State | 120588 |
| Share of Instruction, in each fiscal year. The funding formulas | 120589 |
| shall consider the September 2008 university and community college | 120590 |
| recommendations submitted to the fiscal year 2009 state share of | 120591 |
| instruction consultation, and shall include separate formulas for | 120592 |
| state-assisted university main campuses, regional campuses of | 120593 |
| state-assisted universities, and state-assisted community and | 120594 |
| technical colleges. | 120595 |
| The state share of instruction formula for state-assisted | 120596 |
| university main campuses shall support graduate and medical | 120597 |
| education, reward course and degree completion, and reward the | 120598 |
| achievement of mission-specific goals. The state share of | 120599 |
| instruction formula for regional campuses of the state-assisted | 120600 |
| universities shall reward course completion and the achievement of | 120601 |
| mission-specific goals. The state share of instruction formula for | 120602 |
| state-assisted community and technical colleges shall be based on | 120603 |
| enrollments, achievement of mission-specific goals, and measures | 120604 |
| of student success appropriate to institutional missions. | 120605 |
| Student-specific components of the formulas shall be weighted | 120606 |
| for at-risk students as measured using the student's eligibility | 120607 |
| for support from state need-based aid programs. The state share of | 120608 |
| instruction formulas shall include allocations of Success | 120609 |
| Challenge, Access Challenge, and any other tuition subsidy | 120610 |
| provided in Am. Sub. H.B. 119 of the 127th General Assembly. The | 120611 |
| state share of instruction funding formulas shall be designed to | 120612 |
| phase in components over time. | 120613 |
| Section 371.20.90. STATE SHARE OF INSTRUCTION FOR FISCAL | 120614 |
| YEARS 2010 AND 2011 | 120615 |
| The boards of trustees of state-assisted institutions of | 120616 |
| higher education shall restrain increases in in-state | 120617 |
| undergraduate instructional and general fees. For the 2009-2010 | 120618 |
| academic year, each state-assisted institution shall not increase | 120619 |
| its in-state undergraduate instructional and general fees over | 120620 |
| what the institution charged for the 2008-2009 academic year. For | 120621 |
| the 2010-2011 academic year, each state-assisted community | 120622 |
| college, state community college, technical college, and regional | 120623 |
| campus of a state-assisted university shall not increase its | 120624 |
| in-state undergraduate instructional and general fees over what | 120625 |
| the institution charged for the 2009-2010 academic year. | 120626 |
| These limitations shall not apply to increases required to | 120627 |
| comply with institutional covenants related to their obligations | 120628 |
| or to meet unfunded legal mandates or legally binding obligations | 120629 |
| incurred or commitments made prior to the effective date of this | 120630 |
| section with respect to which the institution had identified such | 120631 |
| fee increases as the source of funds. Any increase required by | 120632 |
| such covenants and any such mandates, obligations, or commitments | 120633 |
| shall be reported by the Chancellor of the Board of Regents to the | 120634 |
| Controlling Board. These limitations may also be modified by the | 120635 |
| Chancellor of the Board of Regents, with the approval of the | 120636 |
| Controlling Board, to respond to exceptional circumstances as | 120637 |
| identified by the Chancellor of the Board of Regents. | 120638 |
| Section 371.30.10. HIGHER EDUCATION - BOARD OF TRUSTEES | 120639 |
| (A) Funds appropriated for instructional subsidies at | 120640 |
| colleges and universities may be used to provide such branch or | 120641 |
| other off-campus undergraduate courses of study and such master's | 120642 |
| degree courses of study as may be approved by the Chancellor of | 120643 |
| the Board of Regents. | 120644 |
| (B) In providing instructional and other services to | 120645 |
| students, boards of trustees of state-assisted institutions of | 120646 |
| higher education shall supplement state subsidies with income from | 120647 |
| charges to students. Except as otherwise provided in this Section, | 120648 |
| each board shall establish the fees to be charged to all students, | 120649 |
| including an instructional fee for educational and associated | 120650 |
| operational support of the institution and a general fee for | 120651 |
| noninstructional services, including locally financed student | 120652 |
| services facilities used for the benefit of enrolled students. The | 120653 |
| instructional fee and the general fee shall encompass all charges | 120654 |
| for services assessed uniformly to all enrolled students. Each | 120655 |
| board may also establish special purpose fees, service charges, | 120656 |
| and fines as required; such special purpose fees and service | 120657 |
| charges shall be for services or benefits furnished individual | 120658 |
| students or specific categories of students and shall not be | 120659 |
| applied uniformly to all enrolled students. A tuition surcharge | 120660 |
| shall be paid by all students who are not residents of Ohio. | 120661 |
| The board of trustees of a state-assisted institution of | 120662 |
| higher education shall not authorize a waiver or nonpayment of | 120663 |
| instructional fees or general fees for any particular student or | 120664 |
| any class of students other than waivers specifically authorized | 120665 |
| by law or approved by the Chancellor. This prohibition is not | 120666 |
| intended to limit the authority of boards of trustees to provide | 120667 |
| for payments to students for services rendered the institution, | 120668 |
| nor to prohibit the budgeting of income for staff benefits or for | 120669 |
| student assistance in the form of payment of such instructional | 120670 |
| and general fees. | 120671 |
| Each state-assisted institution of higher education in its | 120672 |
| statement of charges to students shall separately identify the | 120673 |
| instructional fee, the general fee, the tuition charge, and the | 120674 |
| tuition surcharge. Fee charges to students for instruction shall | 120675 |
| not be considered to be a price of service but shall be considered | 120676 |
| to be an integral part of the state government financing program | 120677 |
| in support of higher educational opportunity for students. | 120678 |
| (C) Notwithstanding any provision of law to the contrary, if | 120679 |
| the Chancellor of the Board of Regents intends to work with a | 120680 |
| state-assisted institution of higher education to adjust the | 120681 |
| instructional and general fee amounts charged for an associate | 120682 |
| degree program at the institution for the 2009-2010 academic year | 120683 |
| or the 2010-2011 academic year, the Chancellor shall proceed as | 120684 |
| follows: | 120685 |
| (1) Notify the institution's board of trustees of the | 120686 |
| Chancellor's intent to work with the institution to adjust the | 120687 |
| instructional and general fee amounts charged for an associate | 120688 |
| degree program for the applicable academic year; | 120689 |
| (2) Request the board of trustees to do both of the | 120690 |
| following: | 120691 |
| (a) Provide access to data and to administrators and other | 120692 |
| employees of the institution, as specified by the Chancellor, for | 120693 |
| the purpose of analyzing the instructional and general fee | 120694 |
| amounts; | 120695 |
| (b) Prepare and submit to the Chancellor, within thirty days | 120696 |
| after the request, a report justifying the current instructional | 120697 |
| and general fee amounts or proposing an adjustment to those | 120698 |
| amounts. | 120699 |
| The board of trustees shall comply with each request of the | 120700 |
| Chancellor under division (C)(2) of this section. | 120701 |
| (3) Convene a meeting with the board of trustees to reach an | 120702 |
| agreement on adjusting the instructional and general fee amounts | 120703 |
| and on a plan to implement the adjustments. The Chancellor or the | 120704 |
| board of trustees may designate employees of the institution to | 120705 |
| participate in the meeting. If an agreement is reached, the board | 120706 |
| of trustees shall take action to implement the plan to adjust the | 120707 |
| fee amounts. | 120708 |
| (4) If no agreement is reached under division (C)(3) of this | 120709 |
| section, make a recommendation to the board of trustees for an | 120710 |
| adjustment to the instructional and general fee amounts. In making | 120711 |
| the recommendation, the Chancellor shall specify the actions that | 120712 |
| should be taken to make the adjustment viable and shall | 120713 |
| demonstrate that the adjustment will not adversely impact the | 120714 |
| financial or educational condition of the institution. The | 120715 |
| Chancellor shall not make a recommendation that, if implemented, | 120716 |
| would cause the composite result of the ratio analysis performed | 120717 |
| of the financial condition of the institution under paragraph | 120718 |
| (A)(4) of rule 126:3-1-01 of the Ohio Administrative Code to place | 120719 |
| the institution in fiscal watch under paragraph (B) of that rule. | 120720 |
| Not later than ten days after receipt of the Chancellor's | 120721 |
| recommendation, the board of trustees shall act either to adopt | 120722 |
| the recommendation or to reject the recommendation. | 120723 |
| (5) If the board of trustees rejects the recommendation made | 120724 |
| under division (C)(4) of this section, determine whether to submit | 120725 |
| the recommendation to the Controlling Board for approval. If the | 120726 |
| Chancellor elects to submit the recommendation to the Controlling | 120727 |
| Board and the Controlling Board approves the recommendation, the | 120728 |
| board of trustees shall implement the recommendation and shall | 120729 |
| adjust the instructional and general fee amounts accordingly. | 120730 |
| Unless a law enacted after the effective date of this section | 120731 |
| requires otherwise, any restriction on tuition increases for an | 120732 |
| associate degree program applicable to a state-assisted | 120733 |
| institution of higher education in fiscal year 2012 or fiscal year | 120734 |
| 2013 shall be applied to the instructional and general fee amounts | 120735 |
| charged for the program immediately prior to any adjustment under | 120736 |
| division (C) of this section. | 120737 |
| (D) The boards of trustees of state-assisted institutions of | 120738 |
| higher education shall ensure that faculty members devote a proper | 120739 |
| and judicious part of their work week to the actual instruction of | 120740 |
| students. Total class credit hours of production per quarter per | 120741 |
| full-time faculty member is expected to meet the standards set | 120742 |
| forth in the budget data submitted by the Chancellor of the Board | 120743 |
| of Regents. | 120744 |
| (E) The authority of government vested by law in the boards | 120745 |
| of trustees of state-assisted institutions of higher education | 120746 |
| shall in fact be exercised by those boards. Boards of trustees may | 120747 |
| consult extensively with appropriate student and faculty groups. | 120748 |
| Administrative decisions about the utilization of available | 120749 |
| resources, about organizational structure, about disciplinary | 120750 |
| procedure, about the operation and staffing of all auxiliary | 120751 |
| facilities, and about administrative personnel shall be the | 120752 |
| exclusive prerogative of boards of trustees. Any delegation of | 120753 |
| authority by a board of trustees in other areas of responsibility | 120754 |
| shall be accompanied by appropriate standards of guidance | 120755 |
| concerning expected objectives in the exercise of such delegated | 120756 |
| authority and shall be accompanied by periodic review of the | 120757 |
| exercise of this delegated authority to the end that the public | 120758 |
| interest, in contrast to any institutional or special interest, | 120759 |
| shall be served. | 120760 |
| Section 371.30.20. STUDENT SUPPORT SERVICES | 120761 |
| The foregoing appropriation item 235502, Student Support | 120762 |
| Services, shall be distributed by the Chancellor of the Board of | 120763 |
| Regents to Ohio's state-assisted colleges and universities that | 120764 |
| incur disproportionate costs in the provision of support services | 120765 |
| to disabled students. | 120766 |
| Section 371.30.30. WAR ORPHANS SCHOLARSHIPS | 120767 |
| The foregoing appropriation item 235504, War Orphans | 120768 |
| Scholarships, shall be used to reimburse state-assisted | 120769 |
| institutions of higher education for waivers of instructional fees | 120770 |
| and general fees provided by them, to provide grants to | 120771 |
| institutions that have received a certificate of authorization | 120772 |
| from the Chancellor of the Board of Regents under Chapter 1713. of | 120773 |
| the Revised Code, in accordance with the provisions of section | 120774 |
| 5910.04 of the Revised Code, and to fund additional scholarship | 120775 |
| benefits provided by section 5910.032 of the Revised Code. | 120776 |
| An amount equal to the unexpended, unencumbered portion of | 120777 |
| the foregoing appropriation item 235504, War Orphans Scholarships, | 120778 |
| at the end of fiscal year 2010 is hereby reappropriated to the | 120779 |
| Board of Regents for the same purpose for fiscal year 2011. | 120780 |
| Section 371.30.40. OHIOLINK | 120781 |
| The foregoing appropriation item 235507, OhioLINK, shall be | 120782 |
| used by the Chancellor of the Board of Regents to support | 120783 |
| OhioLINK, a consortium organized under division (U) of section | 120784 |
| 3333.04 of the Revised Code to serve as the state's electronic | 120785 |
| library information and retrieval system, which provides access | 120786 |
| statewide to an extensive set of electronic databases and | 120787 |
| resources and the library holdings of Ohio's public and | 120788 |
| participating private nonprofit colleges and universities, and the | 120789 |
| State Library of Ohio. | 120790 |
| Section 371.30.50. AIR FORCE INSTITUTE OF TECHNOLOGY | 120791 |
| The foregoing appropriation item 235508, Air Force Institute | 120792 |
| of Technology, shall be used to strengthen the research and | 120793 |
| educational linkages between the Wright Patterson Air Force Base | 120794 |
| and institutions of higher education in Ohio. Of the foregoing | 120795 |
| appropriation item 235508, Air Force Institute of Technology, | 120796 |
| $1,227,106 in each fiscal year shall be used for research projects | 120797 |
| that connect the Air Force Research Laboratories with university | 120798 |
| partners. The institute shall provide annual reports to the Third | 120799 |
| Frontier Commission that discuss existing, planned, or possible | 120800 |
| collaborations between programs and funding recipients related to | 120801 |
| technology, research development, commercialization, and support | 120802 |
| for Ohio's economic development. | 120803 |
| Of the foregoing appropriation item 235508, Air Force | 120804 |
| Institute of Technology, $613,553 in each fiscal year shall be | 120805 |
| used to match federal dollars to support technology | 120806 |
| commercialization and job creation. The Development Research | 120807 |
| Corporation shall use the funds to create or expand Ohio-based | 120808 |
| technology and commercial development collaborations in areas that | 120809 |
| are a priority in Ohio's third frontier initiative between | 120810 |
| industry, academia, and government. | 120811 |
| Section 371.30.55. WOMEN IN TRANSITION | 120812 |
| The foregoing appropriation item 235509, Women in Transition, | 120813 |
| shall be used to support Women in Transition programs at Ohio | 120814 |
| institutions of higher education. | 120815 |
| Section 371.30.60. OHIO SUPERCOMPUTER CENTER | 120816 |
| The foregoing appropriation item 235510, Ohio Supercomputer | 120817 |
| Center, shall be used by the Chancellor of the Board of Regents to | 120818 |
| support the operation of the Ohio Supercomputer Center, a | 120819 |
| consortium organized under division (U) of section 3333.04 of the | 120820 |
| Revised Code, located at The Ohio State University. The Ohio | 120821 |
| Supercomputer Center is a statewide resource available to Ohio | 120822 |
| research universities both public and private. It is also intended | 120823 |
| that the center be made accessible to private industry as | 120824 |
| appropriate. | 120825 |
| Funds shall be used, in part, to support the Ohio | 120826 |
| Supercomputer Center's Computational Science Initiative, which | 120827 |
| includes its industrial outreach program, Blue Collar Computing, | 120828 |
| and its School of Computational Science. These collaborations | 120829 |
| between the Ohio Supercomputer Center and Ohio's colleges and | 120830 |
| universities shall be aimed at making Ohio a leader in using | 120831 |
| computer modeling to promote economic development. | 120832 |
| Section 371.30.70. COOPERATIVE EXTENSION SERVICE | 120833 |
| The foregoing appropriation item 235511, Cooperative | 120834 |
| Extension Service, shall be disbursed through the Chancellor of | 120835 |
| the Board of Regents to The Ohio State University in monthly | 120836 |
| payments, unless otherwise determined by the Director of Budget | 120837 |
| and Management under section 126.09 of the Revised Code. | 120838 |
| Section 371.30.80. OHIO UNIVERSITY VOINOVICH SCHOOL | 120839 |
| The foregoing appropriation item 235513, Ohio University | 120840 |
| Voinovich School, shall be used by the Chancellor of the Board of | 120841 |
| Regents to support the operations of Ohio University's Voinovich | 120842 |
| School. | 120843 |
| Section 371.30.90. CENTRAL STATE SUPPLEMENT | 120844 |
| The foregoing appropriation item 235514, Central State | 120845 |
| Supplement, shall be used by Central State University to keep | 120846 |
| undergraduate fees below the statewide average, consistent with | 120847 |
| its mission of service to many first-generation college students | 120848 |
| from groups historically underrepresented in higher education and | 120849 |
| from families with limited incomes. | 120850 |
| Section 371.40.10. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF | 120851 |
| MEDICINE | 120852 |
| The foregoing appropriation item 235515, Case Western Reserve | 120853 |
| University School of Medicine, shall be disbursed to Case Western | 120854 |
| Reserve University through the Chancellor of the Board of Regents | 120855 |
| in accordance with agreements entered into under section 3333.10 | 120856 |
| of the Revised Code, provided that the state support per | 120857 |
| full-time medical student shall not exceed that provided to | 120858 |
| full-time medical students at state universities. | 120859 |
| Section 371.40.20. FAMILY PRACTICE | 120860 |
| The Chancellor of the Board of Regents shall develop plans | 120861 |
| consistent with existing criteria and guidelines as may be | 120862 |
| required for the distribution of appropriation item 235519, | 120863 |
| Family Practice. | 120864 |
| Section 371.40.30. SHAWNEE STATE SUPPLEMENT | 120865 |
| The foregoing appropriation item 235520, Shawnee State | 120866 |
| Supplement, shall be used by Shawnee State University as detailed | 120867 |
| by both of the following: | 120868 |
| (A) To allow Shawnee State University to keep its | 120869 |
| undergraduate fees below the statewide average, consistent with | 120870 |
| its mission of service to an economically depressed Appalachian | 120871 |
| region; | 120872 |
| (B) To allow Shawnee State University to employ new faculty | 120873 |
| to develop and teach in new degree programs that meet the needs of | 120874 |
| Appalachians. | 120875 |
| Section 371.40.40. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS | 120876 |
| The foregoing appropriation item 235521, The Ohio State | 120877 |
| University John Glenn School of Public Affairs, shall be used by | 120878 |
| the Chancellor of the Board of Regents to support the operations | 120879 |
| of The Ohio State University's John Glenn School of Public | 120880 |
| Affairs. | 120881 |
| Section 371.40.50. POLICE AND FIRE PROTECTION | 120882 |
| The foregoing appropriation item 235524, Police and Fire | 120883 |
| Protection, shall be used for police and fire services in the | 120884 |
| municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, | 120885 |
| Portsmouth, Xenia Township (Greene County), Rootstown Township, | 120886 |
| and the City of Nelsonville that may be used to assist these local | 120887 |
| governments in providing police and fire protection for the | 120888 |
| central campus of the state-affiliated university located therein. | 120889 |
| Section 371.40.60. GERIATRIC MEDICINE | 120890 |
| The Chancellor of the Board of Regents shall develop plans | 120891 |
| consistent with existing criteria and guidelines as may be | 120892 |
| required for the distribution of appropriation item 235525, | 120893 |
| Geriatric Medicine. | 120894 |
| Section 371.40.70. PRIMARY CARE RESIDENCIES | 120895 |
| The Chancellor of the Board of Regents shall develop plans | 120896 |
| consistent with existing criteria and guidelines as may be | 120897 |
| required for the distribution of appropriation item 235526, | 120898 |
| Primary Care Residencies. | 120899 |
| The foregoing appropriation item 235526, Primary Care | 120900 |
| Residencies, shall be distributed in each fiscal year of the | 120901 |
| biennium, based on whether or not the institution has submitted | 120902 |
| and gained approval for a plan. If the institution does not have | 120903 |
| an approved plan, it shall receive five per cent less funding per | 120904 |
| student than it would have received from its annual allocation. | 120905 |
| The remaining funding shall be distributed among those | 120906 |
| institutions that meet or exceed their targets. | 120907 |
| Section 371.40.75. OHIO AEROSPACE INSTITUTE | 120908 |
| The foregoing appropriation item 235527, Ohio Aerospace | 120909 |
| Institute, shall be distributed by the Chancellor of the Board of | 120910 |
| Regents under section 3333.042 of the Revised Code. | 120911 |
| The Board of Regents, in consultation with the Third Frontier | 120912 |
| Commission, shall develop a plan for providing for appropriate, | 120913 |
| value-added participation of the Ohio Aerospace Institute in Third | 120914 |
| Frontier Project proposals and grants. | 120915 |
| Section 371.40.80. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT | 120916 |
| CENTER | 120917 |
| The foregoing appropriation item 235535, Ohio Agricultural | 120918 |
| Research and Development Center, shall be disbursed through the | 120919 |
| Chancellor of the Board of Regents to The Ohio State University in | 120920 |
| monthly payments, unless otherwise determined by the Director of | 120921 |
| Budget and Management under section 126.09 of the Revised Code. | 120922 |
| The Ohio Agricultural Research and Development Center shall not | 120923 |
| be required to remit payment to The Ohio State University during | 120924 |
| the biennium ending June 30, 2011, for cost reallocation | 120925 |
| assessments. The cost reallocation assessments include, but are | 120926 |
| not limited to, any assessment on state appropriations to the | 120927 |
| Center. | 120928 |
| The Ohio Agricultural Research and Development Center, an | 120929 |
| entity of the College of Food, Agricultural, and Environmental | 120930 |
| Sciences of The Ohio State University, shall further its mission | 120931 |
| of enhancing Ohio's economic development and job creation by | 120932 |
| continuing to internally allocate on a competitive basis | 120933 |
| appropriated funding of programs based on demonstrated | 120934 |
| performance. Academic units, faculty, and faculty-driven programs | 120935 |
| shall be evaluated and rewarded consistent with agreed-upon | 120936 |
| performance expectations as called for in the College's | 120937 |
| Expectations and Criteria for Performance Assessment. | 120938 |
| Section 371.40.90. STATE UNIVERSITY CLINICAL TEACHING | 120939 |
| The foregoing appropriation items 235536, The Ohio State | 120940 |
| University Clinical Teaching; 235537, University of Cincinnati | 120941 |
| Clinical Teaching; 235538, University of Toledo Clinical | 120942 |
| Teaching; 235539, Wright State University Clinical Teaching; | 120943 |
| 235540, Ohio University Clinical Teaching; and 235541, | 120944 |
| Northeastern Ohio Universities College of Medicine Clinical | 120945 |
| Teaching, shall be distributed through the Chancellor of the Board | 120946 |
| of Regents. | 120947 |
| Section 371.50.10. CAPITAL COMPONENT | 120948 |
| The foregoing appropriation item 235552, Capital Component, | 120949 |
| shall be used by the Chancellor of the Board of Regents to | 120950 |
| implement the capital funding policy for state-assisted colleges | 120951 |
| and universities established in Am. H.B. 748 of the 121st General | 120952 |
| Assembly. Appropriations from this item shall be distributed to | 120953 |
| all campuses for which the estimated campus debt service | 120954 |
| attributable to new qualifying capital projects is less than the | 120955 |
| campus's formula-determined capital component allocation. Campus | 120956 |
| allocations shall be determined by subtracting the estimated | 120957 |
| campus debt service attributable to new qualifying capital | 120958 |
| projects from the campus's formula-determined capital component | 120959 |
| allocation. Moneys distributed from this appropriation item shall | 120960 |
| be restricted to capital-related purposes. | 120961 |
| Any campus for which the estimated campus debt service | 120962 |
| attributable to qualifying capital projects is greater than the | 120963 |
| campus's formula-determined capital component allocation shall | 120964 |
| have the difference subtracted from its State Share of Instruction | 120965 |
| allocation in each fiscal year. Appropriation equal to the sum of | 120966 |
| all such amounts except that of the Ohio Agricultural Research and | 120967 |
| Development Center shall be transferred from appropriation item | 120968 |
| 235501, State Share of Instruction, to appropriation item 235552, | 120969 |
| Capital Component. Appropriation equal to any estimated Ohio | 120970 |
| Agricultural Research and Development Center debt service | 120971 |
| attributable to qualifying capital projects that is greater than | 120972 |
| the Center's formula-determined capital component allocation shall | 120973 |
| be transferred from appropriation item 235535, Ohio Agricultural | 120974 |
| Research and Development Center, to appropriation item 235552, | 120975 |
| Capital Component. | 120976 |
| Section 371.50.15. DAYTON AREA GRADUATE STUDIES INSTITUTE | 120977 |
| The foregoing appropriation item 235553, Dayton Area Graduate | 120978 |
| Studies Institute, shall be used by the Board of Regents to | 120979 |
| support the Dayton Area Graduate Studies Institute, an engineering | 120980 |
| graduate consortium of three universities in the Dayton area: | 120981 |
| Wright State University, the University of Dayton, and the Air | 120982 |
| Force Institute of Technology, with the participation of the | 120983 |
| University of Cincinnati and The Ohio State University. | 120984 |
| Section 371.50.20. LIBRARY DEPOSITORIES | 120985 |
| The foregoing appropriation item, 235555, Library | 120986 |
| Depositories, shall be distributed to the state's five regional | 120987 |
| depository libraries for the cost-effective storage of and access | 120988 |
| to lesser-used materials in university library collections. The | 120989 |
| depositories shall be administrated by the Chancellor of the Board | 120990 |
| of Regents. | 120991 |
| Section 371.50.30. OHIO ACADEMIC RESOURCES NETWORK (OARNET) | 120992 |
| The foregoing appropriation item 235556, Ohio Academic | 120993 |
| Resources Network, shall be used by the Chancellor of the Board of | 120994 |
| Regents to support the operations of the Ohio Academic Resources | 120995 |
| Network, a consortium organized under division (U) of section | 120996 |
| 3333.04 of the Revised Code, which shall include support for | 120997 |
| Ohio's colleges and universities in maintaining and enhancing | 120998 |
| network connections, using new network technologies to improve | 120999 |
| research, education, and economic development programs, and | 121000 |
| sharing information technology services. The network shall give | 121001 |
| priority to supporting the Third Frontier Network and allocating | 121002 |
| bandwidth to programs directly supporting Ohio's economic | 121003 |
| development. | 121004 |
| Section 371.50.40. LONG-TERM CARE RESEARCH | 121005 |
| The foregoing appropriation item 235558, Long-term Care | 121006 |
| Research, shall be disbursed to Miami University for long-term | 121007 |
| care research. | 121008 |
| Section 371.50.50. OHIO COLLEGE OPPORTUNITY GRANT | 121009 |
| The foregoing appropriation item 235563, Ohio College | 121010 |
| Opportunity Grant, shall be used by the Chancellor of the Board of | 121011 |
| Regents to award needs-based financial aid to students enrolled in | 121012 |
| eligible public institutions of higher education, excluding early | 121013 |
| college high school and post-secondary enrollment option | 121014 |
| participants. | 121015 |
| An amount equal to the unexpended, unencumbered portion of | 121016 |
| the foregoing appropriation item 235563, Ohio College Opportunity | 121017 |
| Grant, at the end of fiscal year 2010 is hereby reappropriated to | 121018 |
| the Board of Regents for the same purpose for fiscal year 2011. | 121019 |
| On or before August 31, 2009, the Chancellor of the Board of | 121020 |
| Regents shall submit funding formulas to the Controlling Board for | 121021 |
| the 2009-2010 academic year and allocations of Ohio College | 121022 |
| Opportunity Grant awards not already specified in section | 121023 |
| 3333.122 of the Revised Code. | 121024 |
| Section 371.50.60. CENTRAL STATE UNIVERSITY SPEED TO SCALE | 121025 |
| The foregoing appropriation 235567, Central State University | 121026 |
| Speed to Scale, shall be used to achieve the goals of the Speed to | 121027 |
| Scale Plan, which include increasing student enrollment through | 121028 |
| freshman recruitment and transferred students, increasing the | 121029 |
| proportion of in-state students to 80 per cent of the total | 121030 |
| student population, and increasing the student retention rates | 121031 |
| between the first and second year of college by two per cent each | 121032 |
| year. The goals shall be accomplished by the targeting of student | 121033 |
| retention, improved articulation agreements with two-year | 121034 |
| campuses, increased use of alternative course options, including | 121035 |
| online coursework and Ohio Learning Network resources, College | 121036 |
| Tech Prep, Post Secondary Enrollment Options, and other | 121037 |
| dual-credit programs, and strategic partnerships with research | 121038 |
| institutions to improve the quality of Central State University's | 121039 |
| offering of science, technology, engineering, mathematics, and | 121040 |
| medical instruction. In fiscal year 2010, the disbursement of | 121041 |
| these funds shall be contingent upon Central State University | 121042 |
| meeting the annual goals for the student enrollment and retention | 121043 |
| rate increases. | 121044 |
| The Speed to Scale Task Force shall meet not less than | 121045 |
| quarterly to discuss progress of the plan, including performance | 121046 |
| on accountability metrics and issues experienced in planned | 121047 |
| efforts, and to monitor and support the creation of partnerships | 121048 |
| with other state institutions of higher education. The Task Force | 121049 |
| shall consist of the president of Central State University or the | 121050 |
| president's designee, the president of Sinclair Community College | 121051 |
| or the president's designee, the president of Cincinnati State | 121052 |
| Technical and Community College or the president's designee, the | 121053 |
| president of Cuyahoga Community College or the president's | 121054 |
| designee, the president of The Ohio State University or the | 121055 |
| president's designee, the president of the University of | 121056 |
| Cincinnati or the president's designee, the president of Wright | 121057 |
| State University or the president's designee, one representative | 121058 |
| from the Board of Regents, one member of the House of | 121059 |
| Representatives appointed by the Speaker of the House of | 121060 |
| Representatives, one member of the Senate appointed by the | 121061 |
| President of the Senate, the Director of Budget and Management or | 121062 |
| the director's designee, and a representative of the Governor's | 121063 |
| Office appointed by the Governor. | 121064 |
| On the thirtieth day of June of each fiscal year, Central | 121065 |
| State University and the Speed to Scale Task Force shall jointly | 121066 |
| submit to the Governor, the Director of Budget and Management, the | 121067 |
| Speaker of the House of Representatives, the President of the | 121068 |
| Senate, and the Board of Regents a report describing the status of | 121069 |
| their progress on the accountability metrics included in the Speed | 121070 |
| to Scale Plan. | 121071 |
| Section 371.50.70. THE OHIO STATE UNIVERSITY CLINIC SUPPORT | 121072 |
| The foregoing appropriation item 235572, The Ohio State | 121073 |
| University Clinic Support, shall be distributed through the | 121074 |
| Chancellor of the Board of Regents to The Ohio State University | 121075 |
| for support of dental and veterinary medicine clinics. | 121076 |
| Section 371.50.80. NONPUBLIC NEED-BASED FINANCIAL AID | 121077 |
| The foregoing appropriation item 235576, Nonpublic Need-Based | 121078 |
| Financial Aid, shall be used to support need-based financial aid | 121079 |
| block grants under division (D) of section 3333.122 of the Revised | 121080 |
| Code. | 121081 |
| Of the foregoing appropriation item 235576, Nonpublic | 121082 |
| Need-Based Financial Aid, $60,000,000 in each fiscal year shall be | 121083 |
| used to support the block grant for private, nonprofit | 121084 |
| institutions of higher education. | 121085 |
| Of the foregoing appropriation item 235576, Nonpublic | 121086 |
| Need-Based Financial Aid, $10,000,000 in each fiscal year shall be | 121087 |
| used to support the block grant for proprietary post-secondary | 121088 |
| institutions of higher education. | 121089 |
| Section 371.50.82. ALLOCATION OF NEED-BASED BLOCK GRANT FOR | 121090 |
| NONPROFIT PRIVATE INSTITUTIONS | 121091 |
| (A) As used in this section: | 121092 |
| (1) "Eligible institution" means a nonprofit private | 121093 |
| institution in this state that holds a certificate of | 121094 |
| authorization pursuant to Chapter 1713. of the Revised Code to | 121095 |
| award degrees at the associate degree or higher. | 121096 |
| (2) "First-year student" means an undergraduate student who | 121097 |
| has earned not more than 29 semester hour credits or 44 quarter | 121098 |
| hour credits. | 121099 |
| (3) "Sophomore" means an undergraduate student who, at an | 121100 |
| institution authorized to award bachelor's degrees or higher, has | 121101 |
| earned between 30 and 59 semester hour credits or 45 to 89 quarter | 121102 |
| hour credits or who, at an institution authorized to issue | 121103 |
| associate degrees only, has earned 30 or more semester hour | 121104 |
| credits or 45 or more quarter hour credits. | 121105 |
| (4) "Junior" means an undergraduate who, at an institution | 121106 |
| authorized to award bachelor's degrees or higher, has earned | 121107 |
| between 60 and 89 semester hour credits or between 90 and 134 | 121108 |
| quarter hour credits. | 121109 |
| (5) "Senior" means an undergraduate student who, at an | 121110 |
| institution authorized to award bachelor's degrees or higher, has | 121111 |
| earned 90 or more semester hour credits or 135 or more quarter | 121112 |
| hour credits. | 121113 |
| (6) "Pell-eligible student" means a full-time equivalent | 121114 |
| undergraduate Ohio resident enrolled in an eligible institution | 121115 |
| and who is eligible for a Pell grant under 20 U.S.C. 1070a. | 121116 |
| (B) The Chancellor of the Ohio Board of Regents shall | 121117 |
| allocate funds for the Private Higher Education Financial Aid | 121118 |
| Needs-Based Block Grant under division (C) of section 3333.122 of | 121119 |
| the Revised Code to eligible institutions in the amounts | 121120 |
| calculated as follows: | 121121 |
| (1) For fiscal year 2010, each eligible institution shall | 121122 |
| receive 90% of the amounts the eligible institution received in | 121123 |
| fiscal year 2008 under the Ohio Instructional Grant and Ohio | 121124 |
| College Opportunity Grant programs, under sections 3333.12 and | 121125 |
| 3333.122 of the Revised Code, respectively, plus a percentage of | 121126 |
| the remaining appropriation for the Private Higher Education | 121127 |
| Needs-Based Financial Aid Block Grant, if any, equal to the | 121128 |
| percentage that the weighted Pell-eligible students enrolled at | 121129 |
| the institution in academic year 2008-2009 represents of the total | 121130 |
| number of weighted Pell-eligible students attending all eligible | 121131 |
| institutions that academic year. Weights shall be determined as | 121132 |
| provided in division (C) of this section. | 121133 |
| (2) In fiscal year 2011, each eligible institution shall be | 121134 |
| allocated a percentage of the appropriation for the Private Higher | 121135 |
| Education Needs-Based Financial Aid Block Grant equal to the | 121136 |
| percentage that the weighted Pell-eligible students enrolled at | 121137 |
| the eligible institution in academic year 2009-2010 represents of | 121138 |
| the total number of weighted Pell-eligible students enrolled in | 121139 |
| all eligible institutions in that academic year. Weights shall be | 121140 |
| determined as provided in division (C) of this section. | 121141 |
| (C) For purposes of division (B) of this section, students | 121142 |
| shall be weighted by grade level as follows: | 121143 |
| (1) 1.0 for full-time equivalent enrollment of first-year | 121144 |
| students; | 121145 |
| (2) 1.1 for full-time equivalent enrollment of sophomores; | 121146 |
| (3) 1.2 for full-time equivalent enrollment of juniors; | 121147 |
| (4) 1.3 for full-time equivalent enrollment of seniors. | 121148 |
| (D) Each eligible institution shall report the number and | 121149 |
| level of students enrolled at the institution that are | 121150 |
| Pell-eligible for the academic year prior to the fiscal year of | 121151 |
| block grant funding. For any institution not reporting the number | 121152 |
| and level of Pell-eligible students in a timely manner, the | 121153 |
| Chancellor shall instead use in the distribution formula such | 121154 |
| institution's total number of state need-based aid eligible | 121155 |
| students for the academic year two years prior to the fiscal year | 121156 |
| of block grant funding. In such cases, all numbers shall be | 121157 |
| weighted by a factor of 1.00. | 121158 |
| Section 371.50.83. BLISS INSTITUTE | 121159 |
| The foregoing appropriation item 235579, Bliss Institute, | 121160 |
| shall be used to support the Bliss Institute of Applied Politics | 121161 |
| at the University of Akron. | 121162 |
| Section 371.50.84. ENTREPRENEURSHIP EDUCATION PROGRAM | 121163 |
| The foregoing appropriation item 235580, Entrepreneurship | 121164 |
| Education Program, shall be used to develop an entrepreneurship | 121165 |
| education program at North Central State College. The program | 121166 |
| shall serve as a source of entrepreneurial learning practices and | 121167 |
| innovation across the North Central State College curriculum and | 121168 |
| in Mansfield. The program may include collaboration and | 121169 |
| partnerships with local businesses and government entities. | 121170 |
| Section 371.50.85. URBAN UNIVERSITY PROGRAM | 121171 |
| Universities receiving funds from the foregoing appropriation | 121172 |
| item 235583, Urban University Program, that are used to support an | 121173 |
| ongoing university unit shall certify periodically in a manner | 121174 |
| approved by the Board of Regents that program funds are being | 121175 |
| matched on a one-to-one basis with equivalent resources. Overhead | 121176 |
| support may not be used to meet this requirement. If Urban | 121177 |
| University Program funds are being used to support an ongoing | 121178 |
| university unit, matching funds shall come from continuing rather | 121179 |
| than one-time sources. At each participating state-assisted | 121180 |
| institution of higher education, matching funds shall be within | 121181 |
| the substantial control of the individual designated by the | 121182 |
| institution's president as the Urban University Program | 121183 |
| Representative. | 121184 |
| Of the foregoing appropriation item 235583, Urban University | 121185 |
| Program, $71,618 in each fiscal year shall be used to support the | 121186 |
| Center for the Interdisciplinary Study of Education and the Urban | 121187 |
| Child at Cleveland State University. These funds shall be | 121188 |
| distributed according to rules adopted by the Board of Regents and | 121189 |
| shall be used by the center. The center shall target funds toward | 121190 |
| increasing the chance for lifetime success of the urban child, | 121191 |
| including interventions beginning with the prenatal period. The | 121192 |
| primary purpose of the center is to study issues in urban | 121193 |
| education and to systematically map directions for new approaches | 121194 |
| and new solutions by bringing together a cadre of researchers, | 121195 |
| scholars, and professionals representing the social, behavioral, | 121196 |
| educational, and health disciplines. | 121197 |
| Of the foregoing appropriation item 235583, Urban University | 121198 |
| Program, $875,586 in each fiscal year shall be distributed by the | 121199 |
| Board of Regents to Cleveland State University in support of the | 121200 |
| Maxine Goodman Levin College of Urban Affairs. | 121201 |
| Of the foregoing appropriation item 235583, Urban University | 121202 |
| Program, $875,586 in each fiscal year shall be distributed to the | 121203 |
| Northeast Ohio Research Consortium, the Urban Linkages Program, | 121204 |
| and the Urban Research Technical Assistance Grant Program. The | 121205 |
| distribution among the three programs shall be determined by the | 121206 |
| chairperson of the Urban University Program. | 121207 |
| Of the foregoing appropriation item 235583, Urban University | 121208 |
| Program, $151,194 in each fiscal year shall be used to support a | 121209 |
| public communication outreach program (WCPN). The primary purpose | 121210 |
| of the program shall be to develop a relationship between | 121211 |
| Cleveland State University and nonprofit communications entities. | 121212 |
| Of the foregoing appropriation item 235583, Urban University | 121213 |
| Program, $169,310 in each fiscal year shall be used to support the | 121214 |
| Kent State University Learning and Technology Project. This | 121215 |
| project is a kindergarten through university collaboration between | 121216 |
| schools surrounding Kent State University's eight campuses in | 121217 |
| northeast Ohio and corporate partners who assist in development | 121218 |
| and delivery. | 121219 |
| The Kent State University Learning and Technology Project | 121220 |
| shall provide a faculty member who has a full-time role in the | 121221 |
| development of collaborative activities and teacher instructional | 121222 |
| programming between Kent State University and the K-12th grade | 121223 |
| schools that surround its eight campuses; appropriate student | 121224 |
| support staff to facilitate these programs and joint activities; | 121225 |
| and hardware and software to schools that will make possible the | 121226 |
| delivery of instruction to pre-service and in-service teachers, | 121227 |
| and their students, in their own classrooms or school buildings. | 121228 |
| The latter shall involve the delivery of low-bandwidth streaming | 121229 |
| video and web-based technologies in a distributed instructional | 121230 |
| model. | 121231 |
| Of the foregoing appropriation item 235583, Urban University | 121232 |
| Program, $65,119 in each fiscal year shall be used to support the | 121233 |
| Ameritech Classroom/Center for Research at Kent State University. | 121234 |
| Of the foregoing appropriation item 235583, Urban University | 121235 |
| Program, $442,087 in each fiscal year shall be used to support the | 121236 |
| Polymer Distance Learning Project at the University of Akron. | 121237 |
| Of the foregoing appropriation item 235583, Urban University | 121238 |
| Program, $19,894 in each fiscal year shall be distributed to the | 121239 |
| Kent State University/Cleveland Design Center Program. | 121240 |
| Of the foregoing appropriation item 235583, Urban University | 121241 |
| Program, $10,199 in each fiscal year shall be used for the | 121242 |
| Advancing-Up Program at the University of Akron. | 121243 |
| Of the foregoing appropriation item 235583, Urban University | 121244 |
| Program, $85,404 in each fiscal year shall be used to support the | 121245 |
| Strategic Economic Research Collaborative at the University of | 121246 |
| Toledo Urban Affairs Center. | 121247 |
| Of the foregoing appropriation item 235583, Urban University | 121248 |
| Program, $100,679 in each fiscal year shall be used to support the | 121249 |
| Institute for Collaborative Research and Public Humanities at The | 121250 |
| Ohio State University. | 121251 |
| Of the foregoing appropriation item 235583, Urban University | 121252 |
| Program, $259,900 in each fiscal year shall be used to support the | 121253 |
| Medina County University Center. | 121254 |
| Of the foregoing appropriation item 235583, Urban University | 121255 |
| Program, $91,650 in each fiscal year shall be used to support The | 121256 |
| Ohio State University African American and African Studies | 121257 |
| Community Extension Center. | 121258 |
| Of the foregoing appropriation item 235583, Urban University | 121259 |
| Program, $122,200 in each fiscal year shall be used to support the | 121260 |
| Cleveland Institute of Art. | 121261 |
| Section 371.50.86. RURAL UNIVERSITY PROJECTS | 121262 |
| Of the foregoing appropriation item 235587, Rural University | 121263 |
| Projects, Bowling Green State University shall receive $161,171 in | 121264 |
| each fiscal year, Miami University shall receive $149,891 in each | 121265 |
| fiscal year, and Ohio University shall receive $351,334 in each | 121266 |
| fiscal year. These funds shall be used to support the Institute | 121267 |
| for Local Government Administration and Rural Development at Ohio | 121268 |
| University, the Center for Public Management and Regional Affairs | 121269 |
| at Miami University, and the Center for Regional Development at | 121270 |
| Bowling Green State University. | 121271 |
| Of the foregoing appropriation item 235587, Rural University | 121272 |
| Projects, $9,741 in each fiscal year shall be used to support the | 121273 |
| Washington State Community College day care center. | 121274 |
| Of the foregoing appropriation item 235587, Rural University | 121275 |
| Projects, $36,556 in each fiscal year shall be used to support the | 121276 |
| COAD/ILGARD/GOA Appalachian Leadership Initiative. | 121277 |
| Section 371.50.90. HAZARDOUS MATERIALS PROGRAM | 121278 |
| The foregoing appropriation item 235596, Hazardous Materials | 121279 |
| Program, shall be used by the Chancellor of the Board of Regents | 121280 |
| to make awards for the establishment or continued development and | 121281 |
| support of hazardous materials education, studies, or programs at | 121282 |
| Ohio institutions of higher education. | 121283 |
| Of the foregoing appropriation item 235596, Hazardous | 121284 |
| Materials Program, $115,000 in each fiscal year shall be used to | 121285 |
| support the Center for the Interdisciplinary Study of Education | 121286 |
| and Leadership in Public Service at Cleveland State University | 121287 |
| which was created with the cooperation of the Ohio Professional | 121288 |
| Fire Fighters Association. These funds shall be distributed by the | 121289 |
| Chancellor of the Board of Regents and shall be used by the | 121290 |
| center and targeted toward increasing the role of special | 121291 |
| populations in public service and not-for-profit organizations. | 121292 |
| The primary purpose of the center is to study issues in public | 121293 |
| service and to guide strategies for attracting new communities | 121294 |
| into public service occupations by bringing together a cadre of | 121295 |
| researchers, scholars, and professionals representing the public | 121296 |
| administration, social behavioral, and education disciplines. | 121297 |
| Section 371.60.10. NATIONAL GUARD SCHOLARSHIP PROGRAM | 121298 |
| The Chancellor of the Board of Regents shall disburse funds | 121299 |
| from appropriation item 235599, National Guard Scholarship | 121300 |
| Program, at the direction of the Adjutant General. During each | 121301 |
| fiscal year, the Chancellor of the Board of Regents, within ten | 121302 |
| days of cancellation, may certify to the Director of Budget and | 121303 |
| Management the amount of canceled prior-year encumbrances in | 121304 |
| appropriation item 235599, National Guard Scholarship Program. | 121305 |
| Upon receipt of the certification, the Director of Budget and | 121306 |
| Management may transfer cash in an amount up to the amount | 121307 |
| certified from the General Revenue Fund to the National Guard | 121308 |
| Scholarship Reserve Fund (Fund 5BM0). Upon the request of the | 121309 |
| Adjutant General, the Chancellor of the Board of Regents shall | 121310 |
| seek Controlling Board approval to authorize additional | 121311 |
| expenditures for appropriation item 235623, National Guard | 121312 |
| Scholarship Reserve Fund. Upon approval of the Controlling Board, | 121313 |
| the additional amounts are hereby appropriated. The Chancellor of | 121314 |
| the Board of Regents shall disburse funds from appropriation | 121315 |
| item 235623, National Guard Scholarship Reserve Fund, at the | 121316 |
| direction of the Adjutant General. | 121317 |
| Section 371.60.15. YOUNGSTOWN STATE PILOT SERVICE AREA STUDY | 121318 |
| COMMITTEE | 121319 |
| There is hereby established the Youngstown State Pilot | 121320 |
| Service Area Study Committee. The Committee shall examine the cost | 121321 |
| and feasibility of creating a Youngstown State Pilot Service Area. | 121322 |
| The Committee shall determine what counties may be included in the | 121323 |
| pilot service area and the need for reciprocity arrangements with | 121324 |
| participating counties. The Board of Regents shall provide | 121325 |
| administrative support for the Committee. | 121326 |
| The membership of the Committee shall consist of the | 121327 |
| Chancellor of the Board of Regents, or the Chancellor's designee, | 121328 |
| who shall act as chair; the President of Youngstown State | 121329 |
| University, or the President's designee; one additional | 121330 |
| representative of Youngstown State University; one member of the | 121331 |
| House of Representatives from each political party, appointed by | 121332 |
| the Speaker of the House of Representatives; and one member of the | 121333 |
| Senate from each political party, appointed by the President of | 121334 |
| the Senate. Initial appointments to the Committee shall be | 121335 |
| completed within ninety days of the effective date of this | 121336 |
| section. The Chancellor shall convene the Committee not more than | 121337 |
| thirty days after the final appointment has been made. | 121338 |
| The Committee shall submit its recommendations in a written | 121339 |
| report to the Governor, the Speaker of the House of | 121340 |
| Representatives, and the President of the Senate not later than | 121341 |
| June 30, 2010. Upon completion of its report, the Committee shall | 121342 |
| cease to exist. | 121343 |
| Section 371.60.20. PLEDGE OF FEES | 121344 |
| Any new pledge of fees, or new agreement for adjustment of | 121345 |
| fees, made in the biennium ending June 30, 2011, to secure bonds | 121346 |
| or notes of a state-assisted institution of higher education for a | 121347 |
| project for which bonds or notes were not outstanding on the | 121348 |
| effective date of this section shall be effective only after | 121349 |
| approval by the Chancellor of the Board of Regents, unless | 121350 |
| approved in a previous biennium. | 121351 |
| Section 371.60.30. HIGHER EDUCATION GENERAL OBLIGATION DEBT | 121352 |
| SERVICE | 121353 |
| The foregoing appropriation item 235909, Higher Education | 121354 |
| General Obligation Debt Service, shall be used to pay all debt | 121355 |
| service and related financing costs at the times they are required | 121356 |
| to be made for obligations issued during the period from July 1, | 121357 |
| 2009, to June 30, 2011, under sections 151.01 and 151.04 of the | 121358 |
| Revised Code. | 121359 |
| Section 371.60.40. SALES AND SERVICES | 121360 |
| The Chancellor of the Board of Regents is authorized to | 121361 |
| charge and accept payment for the provision of goods and | 121362 |
| services. Such charges shall be reasonably related to the cost of | 121363 |
| producing the goods and services. No charges may be levied for | 121364 |
| goods or services that are produced as part of the routine | 121365 |
| responsibilities or duties of the Chancellor. All revenues | 121366 |
| received by the Chancellor of the Board of Regents shall be | 121367 |
| deposited into Fund 4560, and may be used by the Chancellor of the | 121368 |
| Board of Regents to pay for the costs of producing the goods and | 121369 |
| services. | 121370 |
| Section 371.60.50. HIGHER EDUCATIONAL FACILITY COMMISSION | 121371 |
| ADMINISTRATION | 121372 |
| The foregoing appropriation item 235602, Higher Educational | 121373 |
| Facility Commission Administration, shall be used by the | 121374 |
| Chancellor of the Board of Regents for operating expenses related | 121375 |
| to the Chancellor of the Board of Regents' support of the | 121376 |
| activities of the Ohio Higher Educational Facility Commission. | 121377 |
| Upon the request of the Chancellor, the Director of Budget and | 121378 |
| Management shall transfer up to $45,000 cash in fiscal year 2010 | 121379 |
| and up to $45,000 cash in fiscal year 2011 from the HEFC Operating | 121380 |
| Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund | 121381 |
| 4E80). | 121382 |
| Section 371.60.60. NURSING LOAN PROGRAM | 121383 |
| The foregoing appropriation item 235606, Nursing Loan | 121384 |
| Program, shall be used to administer the nurse education | 121385 |
| assistance program. Up to $167,580 in each fiscal year may be used | 121386 |
| for operating expenses associated with the program. Any additional | 121387 |
| funds needed for the administration of the program are subject to | 121388 |
| Controlling Board approval. | 121389 |
| Section 371.60.70. VETERANS PREFERENCES | 121390 |
| The Chancellor of the Board of Regents shall work with the | 121391 |
| Department of Veterans Services to develop specific veterans | 121392 |
| preference guidelines for higher education institutions. These | 121393 |
| guidelines shall ensure that the institutions' hiring practices | 121394 |
| are in accordance with the intent of Ohio's veterans preference | 121395 |
| laws. | 121396 |
| Section 371.60.80. STATE NEED-BASED FINANCIAL AID | 121397 |
| RECONCILIATION | 121398 |
| By the first day of August in each fiscal year, or as soon as | 121399 |
| possible thereafter, the Chancellor of the Ohio Board of Regents | 121400 |
| shall certify to the Director of Budget and Management the amount | 121401 |
| necessary to pay any outstanding prior year obligations to higher | 121402 |
| education institutions for the state's need-based financial aid | 121403 |
| programs. The amounts certified are hereby appropriated to | 121404 |
| appropriation item 235618, State Need-based Financial Aid | 121405 |
| Reconciliation, from revenues received in the State Need-based | 121406 |
| Financial Aid Reconciliation Fund (Fund 5Y50). | 121407 |
| Section 371.60.90. TRANSFERS TO STATE NEED-BASED FINANCIAL | 121408 |
| AID PROGRAMS | 121409 |
| In each fiscal year of the biennium, if the Chancellor of the | 121410 |
| Board of Regents determines that additional funds are needed to | 121411 |
| support the distribution of state need-based financial aid in | 121412 |
| accordance with section 3333.122 of the Revised Code, the | 121413 |
| Chancellor shall recommend the reallocation of the unexpended, | 121414 |
| unencumbered portions of General Revenue Fund appropriation items | 121415 |
| in the Board of Regents to appropriation item 235563, Ohio | 121416 |
| College Opportunity Grant. If the Director of Budget and | 121417 |
| Management determines that such a reallocation is required, the | 121418 |
| Director may transfer appropriation in an amount not to exceed | 121419 |
| those unexpended, unencumbered General Revenue Fund appropriations | 121420 |
| in the Board of Regents as necessary to appropriation item | 121421 |
| 235563, Ohio College Opportunity Grant. | 121422 |
| If those transferred appropriations are not sufficient to | 121423 |
| support the distribution of state need-based financial aid in | 121424 |
| accordance with section 3333.122 of the Revised Code in each | 121425 |
| fiscal year, the Director of Budget and Management may authorize | 121426 |
| expenditures in excess of the amounts appropriated, but not to | 121427 |
| exceed $5,000,000 in each fiscal year from appropriation item | 121428 |
| 235563, Ohio College Opportunity Grant. Upon approval of the | 121429 |
| Director of Budget and Management, the additional amounts are | 121430 |
| hereby appropriated. | 121431 |
| Section 371.60.93. GENERAL REVENUE FUND TRANSFER | 121432 |
| On July 1 of each fiscal year, or as soon as possible | 121433 |
| thereafter, the Director of Budget and Management shall transfer | 121434 |
| $2,000,000 cash from the General Revenue Fund to the Third | 121435 |
| Frontier Research and Development Fund (Fund 7011). | 121436 |
| Section 371.60.95. TRANSFER AND ADJUSTMENT OF ARRA STATE | 121437 |
| FISCAL STABILIZATION FUND APPROPRIATIONS | 121438 |
| The Director of Budget and Management may transfer | 121439 |
| appropriation between appropriation items 235501, State Share of | 121440 |
| Instruction, 235646, SSI – Federal Stimulus – Government Services, | 121441 |
| and 235644, State Share of Instruction – Federal Stimulus – | 121442 |
| Education, in each fiscal year, upon the written request of the | 121443 |
| Chancellor of the Board of Regents, including transferring | 121444 |
| appropriation between fiscal year 2010 and fiscal year 2011. The | 121445 |
| Director shall report each transfer made under this section to | 121446 |
| the Controlling Board at its next regularly scheduled meeting | 121447 |
| after the transfer is made. | 121448 |
| Section 371.70.10. EFFICIENCY SAVINGS | 121449 |
| Each state-assisted institution of higher education, as | 121450 |
| defined in section 3345.011 of the Revised Code, shall demonstrate | 121451 |
| at least a three per cent savings through internal efficiencies in | 121452 |
| each fiscal year. Institutions shall identify savings to the | 121453 |
| Chancellor of the Board of Regents, who shall certify the amount | 121454 |
| of savings of each institution. | 121455 |
| Section 371.70.20. OHIO TUITION TRUST AUTHORITY BECOMES | 121456 |
| ADVISORY BOARD TO CHANCELLOR | 121457 |
| (A) On and after the effective date of this section: | 121458 |
| (1) The Ohio Tuition Trust Authority, as established by | 121459 |
| former section 3334.03 of the Revised Code, shall become the Ohio | 121460 |
| Tuition Trust Advisory Board charged with the duty to advise the | 121461 |
| Chancellor of the Ohio Board of Regents in carrying out the | 121462 |
| Chancellor's duties. | 121463 |
| (2) The Chancellor of the Ohio Board of Regents shall have | 121464 |
| the powers and duties formerly prescribed to and duties of the | 121465 |
| Ohio Tuition Trust Authority and any other powers and duties | 121466 |
| granted to the Chancellor by law enacted after the effective date | 121467 |
| of this section. | 121468 |
| (3) The Chancellor is thereupon and thereafter successor to, | 121469 |
| assumes obligations of, and otherwise constitutes the continuation | 121470 |
| of the Ohio Tuition Trust Authority. | 121471 |
| (4) Any business commenced but not completed by the Ohio | 121472 |
| Tuition Trust Authority shall be completed by the Chancellor in | 121473 |
| the same manner, with the same effect, as if completed by the | 121474 |
| Authority. No validation, cure, right, privilege, remedy, | 121475 |
| obligation, or liability is lost or impaired by reason of the | 121476 |
| change in powers and duties prescribed in the provisions amended | 121477 |
| and enacted by this act. | 121478 |
| (5) All rules of the Ohio Tuition Trust Authority continue in | 121479 |
| effect as rules of the Chancellor, until amended or rescinded by | 121480 |
| the Chancellor. | 121481 |
| (6) Except as otherwise specified in section 3334.031 of the | 121482 |
| Revised Code or another provision of law enacted after the | 121483 |
| effective date of this section, when the Ohio Tuition Trust | 121484 |
| Authority is referred to in any statute, rule, contract, grant, or | 121485 |
| other document, the reference shall be construed to refer to the | 121486 |
| Chancellor. | 121487 |
| (B) No judicial or administrative action or proceeding in | 121488 |
| which the Ohio Tuition Trust Authority is a party that is pending | 121489 |
| on the effective date of this section, is affected by the change | 121490 |
| in powers and duties prescribed in the provisions amended and | 121491 |
| enacted by this act. Such action or proceeding shall be prosecuted | 121492 |
| or defended in the name of the Chancellor. On application to the | 121493 |
| court or other tribunal, the Chancellor shall be substituted for | 121494 |
| the Ohio Tuition Trust Authority as a party to such action or | 121495 |
| proceeding. | 121496 |
| (C) Subject to division (C) of section 3334.08 of the Revised | 121497 |
| Code, personnel of the Ohio Tuition Trust Authority remain subject | 121498 |
| to the appointment by and continue to serve at the pleasure of the | 121499 |
| Chancellor. | 121500 |
| (D) On the effective date of this section, all books, | 121501 |
| records, documents, files, transcripts, equipment, furniture, | 121502 |
| supplies, and other materials assigned to or in the possession of | 121503 |
| the Ohio Tuition Trust Authority shall be transferred to the | 121504 |
| Chancellor. | 121505 |
| Section 375.10. DRC DEPARTMENT OF REHABILITATION AND | 121506 |
| CORRECTION | 121507 |
| General Revenue Fund | 121508 | ||||||||||
| GRF | 501321 | Institutional Operations | $ | 928,188,147 | $ | 903,630,244 | 121509 | ||||
| GRF | 501403 | Prisoner Compensation | $ | 8,599,255 | $ | 8,599,255 | 121510 | ||||
| GRF | 501405 | Halfway House | $ | 41,128,699 | $ | 42,360,343 | 121511 | ||||
| GRF | 501406 | Lease Rental Payments | $ | 101,578,100 | $ | 98,080,200 | 121512 | ||||
| GRF | 501407 | Community Nonresidential Programs | $ | 21,925,802 | $ | 22,431,567 | 121513 | ||||
| GRF | 501408 | Community Misdemeanor Programs | $ | 11,092,468 | $ | 11,380,242 | 121514 | ||||
| GRF | 501501 | Community Residential Programs - CBCF | $ | 62,517,256 | $ | 64,281,774 | 121515 | ||||
| GRF | 501620 | Institutional Operations - Federal Stimulus | $ | 0 | $ | 34,200,000 | 121516 | ||||
| GRF | 502321 | Mental Health Services | $ | 80,844,321 | $ | 84,462,467 | 121517 | ||||
| GRF | 503321 | Parole and Community Operations | $ | 75,785,243 | $ | 77,326,155 | 121518 | ||||
| GRF | 504321 | Administrative Operations | $ | 26,388,606 | $ | 27,069,477 | 121519 | ||||
| GRF | 505321 | Institution Medical Services | $ | 252,462,498 | $ | 251,763,268 | 121520 | ||||
| GRF | 506321 | Institution Education Services | $ | 22,730,539 | $ | 23,183,959 | 121521 | ||||
| GRF | 507321 | Institution Recovery Services | $ | 5,025,028 | $ | 5,899,110 | 121522 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,638,265,962 | $ | 1,654,668,061 | 121523 | ||||||
| General Services Fund Group | 121524 |
| 1480 | 501602 | Services and Agricultural | $ | 108,290,058 | $ | 111,062,533 | 121525 | ||||
| 2000 | 501607 | Ohio Penal Industries | $ | 40,845,414 | $ | 40,845,414 | 121526 | ||||
| 4830 | 501605 | Property Receipts | $ | 255,015 | $ | 261,315 | 121527 | ||||
| 4B00 | 501601 | Sewer Treatment Services | $ | 2,467,630 | $ | 2,529,828 | 121528 | ||||
| 4D40 | 501603 | Prisoner Programs | $ | 14,600,000 | $ | 14,800,000 | 121529 | ||||
| 4L40 | 501604 | Transitional Control | $ | 2,042,548 | $ | 2,051,451 | 121530 | ||||
| 4S50 | 501608 | Education Services | $ | 2,800,000 | $ | 3,000,000 | 121531 | ||||
| 5710 | 501606 | Training Academy Receipts | $ | 75,190 | $ | 75,190 | 121532 | ||||
| 5930 | 501618 | Laboratory Services | $ | 6,476,314 | $ | 6,740,260 | 121533 | ||||
| 5AF0 | 501609 | State and Non-Federal Awards | $ | 262,718 | $ | 262,718 | 121534 | ||||
| 5H80 | 501617 | Offender Financial Responsibility | $ | 3,000,000 | $ | 3,000,000 | 121535 | ||||
| 5L60 | 501611 | Information Technology Services | $ | 1,000,000 | $ | 1,000,000 | 121536 | ||||
| TOTAL GSF General Services Fund Group | $ | 182,114,887 | $ | 185,628,709 | 121537 | ||||||
| Federal Special Revenue Fund Group | 121538 |
| 3230 | 501619 | Federal Grants | $ | 12,198,353 | $ | 12,198,353 | 121539 | ||||
| 3S10 | 501615 | Truth-In-Sentencing Grants | $ | 8,251,241 | $ | 0 | 121540 | ||||
| TOTAL FED Federal Special Revenue | 121541 | ||||||||||
| Fund Group | $ | 20,449,594 | $ | 12,198,353 | 121542 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,840,830,443 | $ | 1,852,495,123 | 121543 |
| UNIT MANAGEMENT MODEL IMPLEMENTATION | 121544 |
| The Department of Rehabilitation and Correction shall | 121545 |
| implement the unit management model at the Mansfield Correctional | 121546 |
| Institution, including the filling of all authorized unit | 121547 |
| management staff positions. | 121548 |
| UNIT MANAGEMENT MODEL IMPLEMENTATION | 121549 |
| The Department of Rehabilitation and Correction shall | 121550 |
| implement the unit management model at the Southern Ohio | 121551 |
| Correctional Facility, including the filling of all authorized | 121552 |
| unit management staff positions. | 121553 |
| COMMUNITY INTEGRATION AND SOCIALIZATION PROGRAM | 121554 |
| Of the foregoing appropriation item 501405, Halfway House, on | 121555 |
| July 1 of each fiscal year, or as soon as possible thereafter, the | 121556 |
| Director of Budget and Management shall transfer $56,400 in cash | 121557 |
| to the Treasurer of Portage County to support the Community | 121558 |
| Integration and Socialization Program within Portage County. | 121559 |
| HALFWAY HOUSE | 121560 |
| Of the foregoing appropriation item 501405, Halfway House, on | 121561 |
| July 1 of each fiscal year, or as soon as possible thereafter, | 121562 |
| $17,500 shall be disbursed to the Stark Social Workers' Network. | 121563 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 121564 |
| The foregoing appropriation item 501406, Lease Rental | 121565 |
| Payments, shall be used to meet all payments during the period | 121566 |
| from July 1, 2009, to June 30, 2011, under the primary leases and | 121567 |
| agreements for those buildings made under Chapter 152. of the | 121568 |
| Revised Code. These appropriations are the source of funds pledged | 121569 |
| for bond service charges or obligations issued pursuant to Chapter | 121570 |
| 152. of the Revised Code. | 121571 |
| PRISONER COMPENSATION | 121572 |
| Money from the foregoing appropriation item 501403, Prisoner | 121573 |
| Compensation, shall be transferred on a quarterly basis by | 121574 |
| intrastate transfer voucher to the Services and Agricultural Fund | 121575 |
| (Fund 1480) for the purposes of paying prisoner compensation. | 121576 |
| JUSTICE REINVESTMENT STUDY | 121577 |
| Of the foregoing appropriation item 504321, Administrative | 121578 |
| Operations, $100,000 in fiscal year 2010 shall be provided to the | 121579 |
| Council of State Governments to fund the Justice Reinvestment | 121580 |
| Study. The Council of State Governments shall report its findings | 121581 |
| to the Governor and the General Assembly not later than July 1, | 121582 |
| 2010. | 121583 |
| OSU MEDICAL CHARGES | 121584 |
| Notwithstanding section 341.192 of the Revised Code, at the | 121585 |
| request of the Department of Rehabilitation and Correction, The | 121586 |
| Ohio State University Medical Center, including the James Cancer | 121587 |
| Hospital and Solove Research Institute and the Richard M. Ross | 121588 |
| Heart Hospital, shall provide necessary care to persons who are | 121589 |
| confined in state adult correctional facilities. The provision of | 121590 |
| necessary care shall be billed to the Department at a rate not to | 121591 |
| exceed the authorized reimbursement rate for the same service | 121592 |
| established by the Department of Job and Family Services under the | 121593 |
| Medical Assistance Program. | 121594 |
| Section 377.10. RSC REHABILITATION SERVICES COMMISSION | 121595 |
| General Revenue Fund | 121596 |
| GRF | 415402 | Independent Living Council | $ | 360,000 | $ | 360,000 | 121597 | ||||
| GRF | 415406 | Assistive Technology | $ | 38,025 | $ | 38,025 | 121598 | ||||
| GRF | 415431 | Office for People with Brain Injury | $ | 180,810 | $ | 180,810 | 121599 | ||||
| GRF | 415506 | Services for People with Disabilities | $ | 18,738,043 | $ | 18,738,043 | 121600 | ||||
| GRF | 415508 | Services for the Deaf | $ | 100,000 | $ | 100,000 | 121601 | ||||
| TOTAL GRF General Revenue Fund | $ | 19,416,878 | $ | 19,416,878 | 121602 | ||||||
| General Services Fund Group | 121603 |
| 4670 | 415609 | Business Enterprise Operating Expenses | $ | 1,393,002 | $ | 1,389,851 | 121604 | ||||
| TOTAL GSF General Services | 121605 | ||||||||||
| Fund Group | $ | 1,393,002 | $ | 1,389,851 | 121606 | ||||||
| Federal Special Revenue Fund Group | 121607 |
| 3170 | 415620 | Disability Determination | $ | 81,685,226 | $ | 83,498,461 | 121608 | ||||
| 3790 | 415616 | Federal - Vocational Rehabilitation | $ | 130,057,624 | $ | 131,132,654 | 121609 | ||||
| 3L10 | 415601 | Social Security Personal Care Assistance | $ | 3,000,000 | $ | 2,700,000 | 121610 | ||||
| 3L10 | 415605 | Social Security Community Centers for the Deaf | $ | 750,000 | $ | 750,000 | 121611 | ||||
| 3L10 | 415608 | Social Security Special Programs/Assistance | $ | 1,752,714 | $ | 1,884,714 | 121612 | ||||
| 3L40 | 415612 | Federal Independent Living Centers or Services | $ | 620,880 | $ | 620,880 | 121613 | ||||
| 3L40 | 415615 | Federal - Supported Employment | $ | 883,214 | $ | 839,054 | 121614 | ||||
| 3L40 | 415617 | Independent Living/Vocational Rehabilitation Programs | $ | 1,951,862 | $ | 1,953,293 | 121615 | ||||
| TOTAL FED Federal Special | 121616 | ||||||||||
| Revenue Fund Group | $ | 220,701,520 | $ | 223,379,056 | 121617 | ||||||
| State Special Revenue Fund Group | 121618 |
| 4680 | 415618 | Third Party Funding | $ | 5,008,974 | $ | 5,008,974 | 121619 | ||||
| 4L10 | 415619 | Services for Rehabilitation | $ | 4,067,773 | $ | 3,994,154 | 121620 | ||||
| 4W50 | 415606 | Program Management Expenses | $ | 15,620,782 | $ | 15,767,803 | 121621 | ||||
| TOTAL SSR State Special | 121622 | ||||||||||
| Revenue Fund Group | $ | 24,697,529 | $ | 24,770,931 | 121623 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 266,208,929 | $ | 268,956,716 | 121624 | ||||||
| INDEPENDENT LIVING COUNCIL | 121625 |
| The foregoing appropriation item 415402, Independent Living | 121626 |
| Council, shall be used to fund the operations of the State | 121627 |
| Independent Living Council and shall be used to support state | 121628 |
| independent living centers and independent living services under | 121629 |
| Title VII of the Independent Living Services and Centers for | 121630 |
| Independent Living of the Rehabilitation Act Amendments of 1992, | 121631 |
| 106 Stat. 4344, 29 U.S.C. 796d. | 121632 |
| ASSISTIVE TECHNOLOGY | 121633 |
| The foregoing appropriation item 415406, Assistive | 121634 |
| Technology, shall be provided to Assistive Technology of Ohio and | 121635 |
| used to provide grants and assistive technology services under the | 121636 |
| program for people with disabilities in the State of Ohio. | 121637 |
| OFFICE FOR PEOPLE WITH BRAIN INJURY | 121638 |
| The foregoing appropriation item 415431, Office for People | 121639 |
| with Brain Injury, shall be used to plan and coordinate | 121640 |
| head-injury-related services provided by state agencies and other | 121641 |
| government or private entities, to assess the needs for such | 121642 |
| services, and to set priorities in this area. | 121643 |
| VOCATIONAL REHABILITATION SERVICES | 121644 |
| The foregoing appropriation item 415506, Services for People | 121645 |
| with Disabilities, shall be used as state matching funds to | 121646 |
| provide vocational rehabilitation services to eligible consumers. | 121647 |
| At the request of the Chancellor of the Board of Regents, the | 121648 |
| Director of Budget and Management may transfer any unexpended, | 121649 |
| unencumbered appropriation in fiscal year 2010 or fiscal year 2011 | 121650 |
| from appropriation item 235502, Student Support Services, to | 121651 |
| appropriation item 415506, Services for People with Disabilities. | 121652 |
| Any appropriation so transferred shall be used by the Ohio | 121653 |
| Rehabilitation Services Commission to obtain additional federal | 121654 |
| matching funds to serve disabled students. | 121655 |
| SERVICES FOR THE DEAF | 121656 |
| Of the foregoing appropriation item 415508, Services for the | 121657 |
| Deaf, $60,000 in each fiscal year shall be used as state matching | 121658 |
| funds to provide vocational rehabilitation services to eligible | 121659 |
| consumers who are deaf or hard of hearing. | 121660 |
| The remainder of foregoing appropriation item 415508, | 121661 |
| Services for the Deaf, shall be used to provide grants to | 121662 |
| community centers for the deaf. These funds shall not be provided | 121663 |
| in lieu of Social Security reimbursement funds. | 121664 |
| FEDERAL – VOCATIONAL REHABILITATION | 121665 |
| Of the foregoing appropriation item 415616, Federal – | 121666 |
| Vocational Rehabilitation, $222,000 shall be used to provide | 121667 |
| vocational rehabilitation services to eligible consumers who are | 121668 |
| deaf or hard of hearing. | 121669 |
| INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 121670 |
| The foregoing appropriation item 415617, Independent | 121671 |
| Living/Vocational Rehabilitation Programs, shall be used to | 121672 |
| support vocational rehabilitation programs. | 121673 |
| SOCIAL SECURITY REIMBURSEMENT FUNDS | 121674 |
| Reimbursement funds received from the Social Security | 121675 |
| Administration, United States Department of Health and Human | 121676 |
| Services, for the costs of providing services and training to | 121677 |
| return disability recipients to gainful employment shall be | 121678 |
| expended from the Social Security Reimbursement Fund (Fund 3L10), | 121679 |
| to the extent funds are available, as follows: | 121680 |
| (A) Appropriation item 415601, Social Security Personal Care | 121681 |
| Assistance, to provide personal care services in accordance with | 121682 |
| section 3304.41 of the Revised Code; | 121683 |
| (B) Appropriation item 415605, Social Security Community | 121684 |
| Centers for the Deaf, to provide grants to community centers for | 121685 |
| the deaf in Ohio for services to individuals with hearing | 121686 |
| impairments; and | 121687 |
| (C) Appropriation item 415608, Social Security Special | 121688 |
| Programs/Assistance, to provide vocational rehabilitation services | 121689 |
| to individuals with severe disabilities who are Social Security | 121690 |
| beneficiaries, to enable them to achieve competitive employment. | 121691 |
| This appropriation item shall also be used to pay a portion of | 121692 |
| indirect costs of the Personal Care Assistance Program and the | 121693 |
| Independent Living Programs as mandated by federal OMB Circular | 121694 |
| A-87. | 121695 |
| PROGRAM MANAGEMENT EXPENSES | 121696 |
| The foregoing appropriation item 415606, Program Management | 121697 |
| Expenses, shall be used to support the administrative functions of | 121698 |
| the commission related to the provision of vocational | 121699 |
| rehabilitation, disability determination services, and ancillary | 121700 |
| programs. | 121701 |
| Section 379.10. RCB RESPIRATORY CARE BOARD | 121702 |
| General Services Fund Group | 121703 |
| 4K90 | 872609 | Operating Expenses | $ | 495,689 | $ | 495,689 | 121704 | ||||
| TOTAL GSF General Services | 121705 | ||||||||||
| Fund Group | $ | 495,689 | $ | 495,689 | 121706 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 495,689 | $ | 495,689 | 121707 | ||||||
| Section 381.10. RDF REVENUE DISTRIBUTION FUNDS | 121709 |
| Volunteer Firefighters' Dependents Fund | 121710 |
| 7085 | 800985 | Volunteer Firemen's Dependents Fund | $ | 300,000 | $ | 300,000 | 121711 | ||||
| TOTAL 085 Volunteer Firefighters' | 121712 | ||||||||||
| Dependents Fund | $ | 300,000 | $ | 300,000 | 121713 | ||||||
| Agency Fund Group | 121714 | ||||||||||
| 4P80 | 001698 | Cash Management Improvement Fund | $ | 3,100,000 | $ | 3,100,000 | 121715 | ||||
| 6080 | 001699 | Investment Earnings | $ | 250,000,000 | $ | 250,000,000 | 121716 | ||||
| 7062 | 110962 | Resort Area Excise Tax | $ | 1,000,000 | $ | 1,000,000 | 121717 | ||||
| 7063 | 110963 | Permissive Tax Distribution | $ | 1,849,000,000 | $ | 1,849,000,000 | 121718 | ||||
| 7067 | 110967 | School District Income Tax | $ | 350,000,000 | $ | 350,000,000 | 121719 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,453,100,000 | $ | 2,453,100,000 | 121720 | ||||||
| Holding Account Redistribution | 121721 |
| R045 | 110617 | International Fuel Tax Distribution | $ | 50,000,000 | $ | 50,000,000 | 121722 | ||||
| TOTAL 090 Holding Account Redistribution Fund | $ | 50,000,000 | $ | 50,000,000 | 121723 | ||||||
| Revenue Distribution Fund Group | 121724 | ||||||||||
| 7049 | 038900 | Indigent Drivers Alcohol Treatment | $ | 2,200,000 | $ | 2,200,000 | 121725 | ||||
| 7050 | 762900 | International Registration Plan Distribution | $ | 30,000,000 | $ | 30,000,000 | 121726 | ||||
| 7051 | 762901 | Auto Registration Distribution | $ | 539,000,000 | $ | 539,000,000 | 121727 | ||||
| 7054 | 110954 | Local Government Property Tax Replacement - Utility | $ | 95,125,000 | $ | 95,125,000 | 121728 | ||||
| 7060 | 110960 | Gasoline Excise Tax Fund | $ | 375,000,000 | $ | 375,000,000 | 121729 | ||||
| 7065 | 110965 | Public Library Fund | $ | 406,100,000 | $ | 407,400,000 | 121730 | ||||
| 7066 | 800966 | Undivided Liquor Permits | $ | 13,500,000 | $ | 13,500,000 | 121731 | ||||
| 7068 | 110968 | State and Local Government Highway Distribution | $ | 242,500,000 | $ | 242,500,000 | 121732 | ||||
| 7069 | 110969 | Local Government Fund | $ | 673,700,000 | $ | 676,000,000 | 121733 | ||||
| 7081 | 110981 | Local Government Property Tax Replacement-Business | $ | 366,800,000 | $ | 378,000,000 | 121734 | ||||
| 7082 | 110982 | Horse Racing Tax | $ | 130,000 | $ | 130,000 | 121735 | ||||
| 7083 | 700900 | Ohio Fairs Fund | $ | 2,325,000 | $ | 2,325,000 | 121736 | ||||
| TOTAL RDF Revenue Distribution | 121737 | ||||||||||
| Fund Group | $ | 2,746,380,000 | $ | 2,761,180,000 | 121738 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,249,780,000 | $ | 5,264,580,000 | 121739 | ||||||
| ADDITIONAL APPROPRIATIONS | 121740 |
| Appropriation items in this section shall be used for the | 121741 |
| purpose of administering and distributing the designated revenue | 121742 |
| distribution funds according to the Revised Code. If it is | 121743 |
| determined that additional appropriations are necessary for this | 121744 |
| purpose, such amounts are hereby appropriated. | 121745 |
| GENERAL REVENUE FUND TRANSFERS | 121746 |
| Notwithstanding any provision of law to the contrary, in | 121747 |
| fiscal year 2010 and fiscal year 2011, the Director of Budget and | 121748 |
| Management may transfer from the General Revenue Fund to the Local | 121749 |
| Government Tangible Property Tax Replacement Fund (Fund 7081) in | 121750 |
| the Revenue Distribution Fund Group, those amounts necessary to | 121751 |
| reimburse local taxing units under section 5751.22 of the Revised | 121752 |
| Code. Also, in fiscal year 2010 and fiscal year 2011, the | 121753 |
| Director of Budget and Management may make temporary transfers | 121754 |
| from the General Revenue Fund to ensure sufficient balances in | 121755 |
| the Local Government Tangible Property Tax Replacement Fund (Fund | 121756 |
| 7081) and to replenish the General Revenue Fund for such | 121757 |
| transfers. | 121758 |
| On July 1 of each fiscal year, or as soon as possible | 121759 |
| thereafter, the Director of Budget and Management shall transfer | 121760 |
| $5,000,000 cash from the General Revenue Fund to the Public | 121761 |
| Library Fund (Fund 7065). | 121762 |
| On July 1, 2010, or as soon as possible thereafter, the | 121763 |
| Director of Budget and Management shall transfer $11,200,000 cash | 121764 |
| from the General Revenue Fund to the Local Government Property Tax | 121765 |
| Replacement-Business Fund (Fund 7081). | 121766 |
| Section 383.10. SAN BOARD OF SANITARIAN REGISTRATION | 121767 |
| General Services Fund Group | 121768 |
| 4K90 | 893609 | Operating Expenses | $ | 138,551 | $ | 138,551 | 121769 | ||||
| TOTAL GSF General Services | 121770 | ||||||||||
| Fund Group | $ | 138,551 | $ | 138,551 | 121771 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 138,551 | $ | 138,551 | 121772 | ||||||
| Section 384.10. OSB OHIO STATE SCHOOL FOR THE BLIND | 121774 |
| General Revenue Fund | 121775 |
| GRF | 226100 | Personal Services | $ | 7,326,155 | $ | 7,326,155 | 121776 | ||||
| GRF | 226200 | Maintenance | $ | 688,363 | $ | 688,363 | 121777 | ||||
| GRF | 226300 | Equipment | $ | 72,783 | $ | 72,783 | 121778 | ||||
| TOTAL GRF General Revenue Fund | $ | 8,087,301 | $ | 8,087,301 | 121779 | ||||||
| General Services Fund Group | 121780 |
| 4H80 | 226602 | Education Reform Grants | $ | 61,000 | $ | 61,000 | 121781 | ||||
| TOTAL GSF General Services | 121782 | ||||||||||
| Fund Group | $ | 61,000 | $ | 61,000 | 121783 | ||||||
| Federal Special Revenue Fund Group | 121784 |
| 3100 | 226626 | Coordinating Unit | $ | 2,527,105 | $ | 2,527,105 | 121785 | ||||
| 3P50 | 226643 | Medicaid Professional Services Reimbursement | $ | 50,000 | $ | 50,000 | 121786 | ||||
| TOTAL FED Federal Special | 121787 | ||||||||||
| Revenue Fund Group | $ | 2,577,105 | $ | 2,577,105 | 121788 | ||||||
| State Special Revenue Fund Group | 121789 |
| 4M50 | 226601 | Work Study and Technology Investment | $ | 250,000 | $ | 250,000 | 121790 | ||||
| TOTAL SSR State Special Revenue | 121791 | ||||||||||
| Fund Group | $ | 250,000 | $ | 250,000 | 121792 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,975,406 | $ | 10,975,406 | 121793 | ||||||
| Section 384.50. OSD OHIO SCHOOL FOR THE DEAF | 121795 |
| General Revenue Fund | 121796 |
| GRF | 221100 | Personal Services | $ | 8,713,704 | $ | 8,713,704 | 121797 | ||||
| GRF | 221200 | Maintenance | $ | 905,035 | $ | 905,035 | 121798 | ||||
| GRF | 221300 | Equipment | $ | 78,650 | $ | 78,650 | 121799 | ||||
| TOTAL GRF General Revenue Fund | $ | 9,697,389 | $ | 9,697,389 | 121800 | ||||||
| General Services Fund Group | 121801 |
| 4M10 | 221602 | Education Reform Grants | $ | 76,000 | $ | 76,000 | 121802 | ||||
| TOTAL GSF General Services | 121803 | ||||||||||
| Fund Group | $ | 76,000 | $ | 76,000 | 121804 | ||||||
| Federal Special Revenue Fund Group | 121805 |
| 3110 | 221625 | Coordinating Unit | $ | 2,460,135 | $ | 2,460,135 | 121806 | ||||
| 3AD0 | 221604 | VREAL Ohio | $ | 25,000 | $ | 25,000 | 121807 | ||||
| 3R00 | 221684 | Medicaid Professional Services Reimbursement | $ | 35,000 | $ | 35,000 | 121808 | ||||
| 3Y10 | 221686 | Early Childhood Grant | $ | 300,000 | $ | 300,000 | 121809 | ||||
| TOTAL FED Federal Special | 121810 | ||||||||||
| Revenue Fund Group | $ | 2,820,135 | $ | 2,820,135 | 121811 | ||||||
| State Special Revenue Fund Group | 121812 |
| 4M00 | 221601 | Educational Program Expenses | $ | 190,000 | $ | 190,000 | 121813 | ||||
| 5H60 | 221609 | Even Start Fees and Gifts | $ | 250,716 | $ | 250,716 | 121814 | ||||
| TOTAL SSR State Special Revenue | 121815 | ||||||||||
| Fund Group | $ | 440,716 | $ | 440,716 | 121816 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,034,240 | $ | 13,034,240 | 121817 | ||||||
| Section 385.10. SFC SCHOOL FACILITIES COMMISSION | 121819 |
| General Revenue Fund | 121820 |
| GRF | 230908 | Common Schools General Obligation Debt Service | $ | 192,559,200 | $ | 165,510,500 | 121821 | ||||
| TOTAL GRF General Revenue Fund | $ | 192,559,200 | $ | 165,510,500 | 121822 | ||||||
| State Special Revenue Fund Group | 121823 |
| 5E30 | 230644 | Operating Expenses | $ | 9,885,436 | $ | 10,132,034 | 121824 | ||||
| TOTAL SSR State Special Revenue | 121825 | ||||||||||
| Fund Group | $ | 9,885,436 | $ | 10,132,034 | 121826 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 202,444,636 | $ | 175,642,534 | 121827 | ||||||
| Section 385.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT | 121829 |
| SERVICE | 121830 |
| The foregoing appropriation item 230908, Common Schools | 121831 |
| General Obligation Debt Service, shall be used to pay all debt | 121832 |
| service and related financing costs at the times they are required | 121833 |
| to be made for obligations issued during the period from July 1, | 121834 |
| 2009, through June 30, 2011, under sections 151.01 and 151.03 of | 121835 |
| the Revised Code. | 121836 |
| OPERATING EXPENSES | 121837 |
| The foregoing appropriation item 230644, Operating Expenses, | 121838 |
| shall be used by the Ohio School Facilities Commission to carry | 121839 |
| out its responsibilities under this section and Chapter 3318. of | 121840 |
| the Revised Code. | 121841 |
| In both fiscal years 2010 and 2011, the Executive Director of | 121842 |
| the Ohio School Facilities Commission shall certify on a quarterly | 121843 |
| basis to the Director of Budget and Management the amount of cash | 121844 |
| from interest earnings to be transferred from the School Building | 121845 |
| Assistance Fund (Fund 7032), the Public School Building Fund (Fund | 121846 |
| 7021), and the Educational Facilities Trust Fund (Fund N087) to | 121847 |
| the Ohio School Facilities Commission Fund (Fund 5E30). The | 121848 |
| amount transferred from the School Building Assistance Fund (Fund | 121849 |
| 7032) may not exceed investment earnings credited to the fund, | 121850 |
| less any amount required to be paid for federal arbitrage rebate | 121851 |
| purposes. | 121852 |
| SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION | 121853 |
| At the request of the Executive Director of the Ohio School | 121854 |
| Facilities Commission, the Director of Budget and Management may | 121855 |
| cancel encumbrances for school district projects from a previous | 121856 |
| biennium if the district has not raised its local share of project | 121857 |
| costs within one year of receiving Controlling Board approval | 121858 |
| under section 3318.05 of the Revised Code. The Executive Director | 121859 |
| of the Ohio School Facilities Commission shall certify the amounts | 121860 |
| of the canceled encumbrances to the Director of Budget and | 121861 |
| Management on a quarterly basis. The amounts of the canceled | 121862 |
| encumbrances are hereby appropriated. | 121863 |
| Section 385.30. AMENDMENT TO PROJECT AGREEMENT FOR | 121864 |
| MAINTENANCE LEVY | 121865 |
| The Ohio School Facilities Commission shall amend the | 121866 |
| project agreement between the Commission and a school district | 121867 |
| that is participating in the Accelerated Urban School Building | 121868 |
| Assistance Program on the effective date of this section, if the | 121869 |
| Commission determines that it is necessary to do so in order to | 121870 |
| comply with division (B)(3)(c) of section 3318.38 of the Revised | 121871 |
| Code, as amended by this act. | 121872 |
| Section 385.40. STUDY OF COMMUNITY SPACE | 121873 |
| The Executive Director of the Ohio School Facilities | 121874 |
| Commission shall conduct a study of spaces included in classroom | 121875 |
| facilities projects financed by the Commission under Chapter | 121876 |
| 3318. of the Revised Code that are used for activities, services, | 121877 |
| and programs shared between schools and other public and private | 121878 |
| entities in their communities. The study shall identify and | 121879 |
| describe such spaces included in current or completed projects | 121880 |
| and shall recommend best practices for enhancing opportunities for | 121881 |
| including shared community spaces in future projects. The | 121882 |
| Executive Director shall submit a written report of the results | 121883 |
| and recommendations of the study to the Commission not later than | 121884 |
| December 31, 2009. | 121885 |
| Section 385.50. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL | 121886 |
| FACILITIES | 121887 |
| Notwithstanding any other provision of law to the contrary, | 121888 |
| the Ohio School Facilities Commission may provide assistance under | 121889 |
| the Exceptional Needs School Facilities Program established in | 121890 |
| section 3318.37 of the Revised Code to any school district, and | 121891 |
| not exclusively to a school district in the lowest seventy-five | 121892 |
| per cent of adjusted valuation per pupil on the current ranking of | 121893 |
| school districts established under section 3318.011 of the Revised | 121894 |
| Code, for the purpose of the relocation or replacement of school | 121895 |
| facilities required as a result of extreme environmental | 121896 |
| contamination. | 121897 |
| The school district's portion of a project to replace a | 121898 |
| contaminated facility undertaken pursuant to this section shall | 121899 |
| not exceed seventy-five per cent of the cost of the project. This | 121900 |
| paragraph does not affect the district's portion of the cost of | 121901 |
| subsequent classroom facilities projects the district may | 121902 |
| undertake under Chapter 3318. of the Revised Code. | 121903 |
| The Ohio School Facilities Commission shall contract with an | 121904 |
| independent environmental consultant to conduct a study and to | 121905 |
| report to the Commission as to the seriousness of the | 121906 |
| environmental contamination, whether the contamination violates | 121907 |
| applicable state and federal standards, and whether the facilities | 121908 |
| are no longer suitable for use as school facilities. The | 121909 |
| Commission then shall make a determination regarding funding for | 121910 |
| the relocation or replacement of the school facilities. If the | 121911 |
| federal government or other public or private entity provides | 121912 |
| funds for restitution of costs incurred by the state or school | 121913 |
| district in the relocation or replacement of the school | 121914 |
| facilities, the school district shall use such funds in excess of | 121915 |
| the school district's share to refund the state for the state's | 121916 |
| contribution to the environmental contamination portion of the | 121917 |
| project. The school district may apply an amount of such | 121918 |
| restitution funds up to an amount equal to the school district's | 121919 |
| portion of the project, as defined by the Commission, toward | 121920 |
| paying its portion of that project to reduce the amount of bonds | 121921 |
| the school district otherwise must issue to receive state | 121922 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code. | 121923 |
| Section 385.60. CANTON CITY SCHOOL DISTRICT PROJECT | 121924 |
| (A) The Ohio School Facilities Commission may commit up to | 121925 |
| thirty-five million dollars to the Canton City School District for | 121926 |
| construction of a facility described in this section, in lieu of a | 121927 |
| high school that would otherwise be authorized under Chapter 3318. | 121928 |
| of the Revised Code. The Commission shall not commit funds under | 121929 |
| this section unless all of the following conditions are met: | 121930 |
| (1) The District has entered into a cooperative agreement | 121931 |
| with a state-assisted technical college; | 121932 |
| (2) The District has received an irrevocable commitment of | 121933 |
| additional funding from nonpublic sources; and | 121934 |
| (3) The facility is intended to serve both secondary and | 121935 |
| postsecondary instructional purposes. | 121936 |
| (B) The Commission shall enter into an agreement with the | 121937 |
| District for the construction of the facility authorized under | 121938 |
| this section that is separate from and in addition to the | 121939 |
| agreement required for the District's participation in the | 121940 |
| Classroom Facilities Assistance Program under section 3318.08 of | 121941 |
| the Revised Code. Notwithstanding that section and sections | 121942 |
| 3318.03, 3318.04, and 3318.083 of the Revised Code, the additional | 121943 |
| agreement shall provide, but not be limited to, the following: | 121944 |
| (1) The Commission shall not have any oversight | 121945 |
| responsibilities over the construction of the facility. | 121946 |
| (2) The facility need not comply with the specifications for | 121947 |
| plans and materials for high schools adopted by the Commission. | 121948 |
| (3) The Commission may decrease the basic project cost that | 121949 |
| would otherwise be calculated for a high school under Chapter | 121950 |
| 3318. of the Revised Code. | 121951 |
| (4) The state shall not share in any increases in the basic | 121952 |
| project cost for the facility above the amount authorized under | 121953 |
| this section. | 121954 |
| All other provisions of Chapter 3318. of the Revised Code | 121955 |
| apply to the approval and construction of a facility authorized | 121956 |
| under this section. | 121957 |
| The state funds committed to the facility authorized by this | 121958 |
| section shall be part of the total amount the state commits to the | 121959 |
| Canton City School District under Chapter 3318. of the Revised | 121960 |
| Code. All additional state funds committed to the Canton City | 121961 |
| School District for classroom facilities assistance shall be | 121962 |
| subject to all provisions of Chapter 3318. of the Revised Code. | 121963 |
| Section 385.70. Notwithstanding section 3318.05 of the | 121964 |
| Revised Code, for each school district whose project under | 121965 |
| sections 3318.01 to 3318.20 of the Revised Code was conditionally | 121966 |
| approved by the Ohio School Facilities Commission in July 2008, | 121967 |
| that conditional approval shall lapse and the amount reserved and | 121968 |
| encumbered for the project shall be released on December 31, 2009. | 121969 |
| Section 385.80. Notwithstanding any provision of Chapter | 121970 |
| 3318. of the Revised Code to the contrary, and notwithstanding the | 121971 |
| agreement between the Cincinnati City School District and the Ohio | 121972 |
| School Facilities Commission under section 3318.08 of the Revised | 121973 |
| Code, the Commission shall encumber and pay state funds to the | 121974 |
| District in the amount of $4,000,000, in addition to the amount | 121975 |
| prescribed in that agreement, for the purpose of dedicating | 121976 |
| additional state funding toward the acquisition of the School for | 121977 |
| the Creative and Performing Arts, as that building is included in | 121978 |
| the District's project under section 3318.38 of the Revised Code. | 121979 |
| The District shall use the funds paid under this section solely | 121980 |
| for that purpose. The School for the Creative and Performing Arts | 121981 |
| need not comply with the specifications included in the Ohio | 121982 |
| Design Manual adopted by the Commission to implement classroom | 121983 |
| facilities projects under Chapter 3318. of the Revised Code. This | 121984 |
| section shall not affect any other building included in the | 121985 |
| District's project under section 3318.38 of the Revised Code, nor | 121986 |
| shall it affect the state's portion of funding for the remainder | 121987 |
| of that project. | 121988 |
| The Commission shall use funds appropriated to it for | 121989 |
| classroom facilities projects to pay the funds required under this | 121990 |
| section. The Commission shall encumber the funds required under | 121991 |
| this section in accordance with section 3318.11 of the Revised | 121992 |
| Code. | 121993 |
| Section 385.85. Notwithstanding the eligibility restriction | 121994 |
| described in division (A)(2) of section 3318.37 of the Revised | 121995 |
| Code, in fiscal year 2010, the Ohio School Facilities Commission | 121996 |
| may approve a project under the Exceptional Needs School | 121997 |
| Facilities Assistance Program established under that section for | 121998 |
| any school district that meets the following conditions: | 121999 |
| (A) The district initially applied for the Exceptional Needs | 122000 |
| Program in fiscal year 2008. | 122001 |
| (B) The district's position on the rankings certified under | 122002 |
| section 3318.011 of the Revised Code for fiscal year 2009 is | 122003 |
| higher than three hundred sixty. | 122004 |
| Section 385.90. (A) As used in this section: | 122005 |
| (1) "Basic project cost," "percentile," and "project" have | 122006 |
| the same meanings as in section 3318.01 of the Revised Code. | 122007 |
| (2) "Equity list" means the school district percentile | 122008 |
| rankings calculated under section 3318.011 of the Revised Code. | 122009 |
| (3) A school district's "portion of the basic project cost" | 122010 |
| means the amount calculated under section 3318.032 of the Revised | 122011 |
| Code. | 122012 |
| (B) Notwithstanding any provision of Chapter 3318. of the | 122013 |
| Revised Code to the contrary, in the case of a school district | 122014 |
| that received in fiscal year 2008 elector approval for a bond | 122015 |
| issue for its portion of the basic project cost of a project under | 122016 |
| sections 3318.01 to 3318.20 of the Revised Code, based on a | 122017 |
| preliminary estimated equity list projecting rankings of school | 122018 |
| districts if amendments to section 3318.011 of the Revised Code | 122019 |
| enacted by Am. Sub. H.B. 119 of the 127th General Assembly had | 122020 |
| been effective for projects in that fiscal year, and which | 122021 |
| district on the alternate equity list for fiscal year 2009 funding | 122022 |
| required by Section 733.13 of Am. Sub. H.B. 562 of the 127th | 122023 |
| General Assembly, retroactively applying those amendments, was | 122024 |
| ranked one percentile higher than on the preliminary estimated | 122025 |
| equity list, resulting in the district's calculated portion being | 122026 |
| one per cent higher than the amount projected at the time of the | 122027 |
| bond issue election, the Ohio School Facilities Commission shall | 122028 |
| reduce the district's portion to that projected on the preliminary | 122029 |
| estimated equity list. | 122030 |
| Section 387.10. SOS SECRETARY OF STATE | 122031 |
| General Revenue Fund | 122032 |
| GRF | 050321 | Operating Expenses | $ | 2,540,508 | $ | 2,290,508 | 122033 | ||||
| GRF | 050407 | Pollworkers Training | $ | 250,197 | $ | 250,197 | 122034 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,790,705 | $ | 2,540,705 | 122035 | ||||||
| General Services Fund Group | 122036 |
| 4120 | 050609 | Notary Commission | $ | 565,000 | $ | 565,000 | 122037 | ||||
| 4130 | 050601 | Information Systems | $ | 75,000 | $ | 50,000 | 122038 | ||||
| 4140 | 050602 | Citizen Education Fund | $ | 55,712 | $ | 55,712 | 122039 | ||||
| 4S80 | 050610 | Board of Voting Machine Examiners | $ | 7,200 | $ | 7,200 | 122040 | ||||
| 5FG0 | 050620 | BOE Reimbursement and Education | $ | 100,000 | $ | 100,000 | 122041 | ||||
| 5FH0 | 050621 | Statewide Ballot Advertising | $ | 487,600 | $ | 487,600 | 122042 | ||||
| 5FJ0 | 050622 | County Voting Machine Revolving Lease/Loan Fund | $ | 500,000 | $ | 500,000 | 122043 | ||||
| TOTAL General Services Fund Group | $ | 1,790,512 | $ | 1,765,512 | 122044 | ||||||
| Federal Special Revenue Fund Group | 122045 |
| 3AH0 | 050614 | Election Reform/Health and Human Services | $ | 800,000 | $ | 800,000 | 122046 | ||||
| 3AS0 | 050616 | 2005 HAVA Voting Machines | $ | 3,000,000 | $ | 3,000,000 | 122047 | ||||
| TOTAL FED Federal Special Revenue | 122048 | ||||||||||
| Fund Group | $ | 3,800,000 | $ | 3,800,000 | 122049 | ||||||
| State Special Revenue Fund Group | 122050 |
| 5990 | 050603 | Business Services Operating Expenses | $ | 14,186,100 | $ | 14,345,400 | 122051 | ||||
| 5N90 | 050607 | Technology Improvements | $ | 180,000 | $ | 180,000 | 122052 | ||||
| TOTAL SSR State Special Revenue | 122053 | ||||||||||
| Fund Group | $ | 14,366,100 | $ | 14,525,400 | 122054 | ||||||
| Holding Account Redistribution Fund Group | 122055 |
| R001 | 050605 | Uniform Commercial Code Refunds | $ | 30,000 | $ | 30,000 | 122056 | ||||
| R002 | 050606 | Corporate/Business Filing Refunds | $ | 85,000 | $ | 85,000 | 122057 | ||||
| TOTAL 090 Holding Account | 122058 | ||||||||||
| Redistribution Fund Group | $ | 115,000 | $ | 115,000 | 122059 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 22,862,317 | $ | 22,746,617 | 122060 | ||||||
| FEE WAIVER FOR INITIAL BUSINESS FILINGS | 122061 |
| Of the foregoing appropriation item 050321, Operating | 122062 |
| Expenses, $250,000 shall be used in fiscal year 2010 to pay the | 122063 |
| costs of the first $125 of fees charged and collected by the | 122064 |
| Secretary of State, pursuant to section 111.16 of the Revised | 122065 |
| Code, for the initial filing by new domestic or foreign business | 122066 |
| entities of for-profit corporation articles, nonprofit corporation | 122067 |
| articles, foreign license applications, professional corporation | 122068 |
| articles, limited liability company articles, partnership | 122069 |
| certificates, limited partnership certificates, and limited | 122070 |
| liability partnership certificates until the earlier of December | 122071 |
| 31, 2009, or when the $250,000 is expended. | 122072 |
| EXPEDITED BUSINESS FILINGS | 122073 |
| Of the foregoing appropriation item 050321, Operating | 122074 |
| Expenses, up to $250,000 shall be used in fiscal year 2010 to pay | 122075 |
| the first $100 of costs associated with all level one expedited | 122076 |
| business filings for the initial filings of new domestic or | 122077 |
| foreign business entities, including for-profit corporation | 122078 |
| articles, nonprofit corporation articles, foreign license | 122079 |
| applications, professional corporation articles, limited liability | 122080 |
| company articles, partnership certificates, limited partnership | 122081 |
| certificates, and limited liability partnership certificates. | 122082 |
| BOARD OF VOTING MACHINE EXAMINERS | 122083 |
| The foregoing appropriation item 050610, Board of Voting | 122084 |
| Machine Examiners, shall be used to pay for the services and | 122085 |
| expenses of the members of the Board of Voting Machine Examiners, | 122086 |
| and for other expenses that are authorized to be paid from the | 122087 |
| Board of Voting Machine Examiners Fund, which is created in | 122088 |
| section 3506.05 of the Revised Code. Moneys not used shall be | 122089 |
| returned to the person or entity submitting equipment for | 122090 |
| examination. If it is determined that additional appropriations | 122091 |
| are necessary, such amounts are hereby appropriated. | 122092 |
| BUSINESS SERVICES FUND TRANSFER TO THE COUNTY VOTING MACHINE | 122093 |
| REVOLVING LEASE/LOAN FUND | 122094 |
| Not later than the first day of June of each fiscal year, the | 122095 |
| Director of Budget and Management shall transfer $500,000 cash | 122096 |
| from the Business Services Fund (Fund 5990) to the County Voting | 122097 |
| Machine Revolving Lease/Loan Fund (Fund 5FJ0). | 122098 |
| HAVA FUNDS | 122099 |
| An amount equal to the unexpended, unencumbered portion of | 122100 |
| appropriation item 050616, 2005 HAVA Voting Machines, at the end | 122101 |
| of fiscal year 2010 is reappropriated for the same purpose in | 122102 |
| fiscal year 2011. | 122103 |
| An amount equal to the unexpended, unencumbered portion of | 122104 |
| appropriation item 050614, Election Reform/Health and Human | 122105 |
| Services, at the end of fiscal year 2010 is reappropriated for the | 122106 |
| same purpose in fiscal year 2011. | 122107 |
| On July 1, 2009, or as soon as possible thereafter, the | 122108 |
| Director of Budget and Management shall transfer from the General | 122109 |
| Revenue Fund to the credit of the Election Data Collection Grant | 122110 |
| Fund (Fund 3AC0), all investment earnings and amounts equal to the | 122111 |
| interest earnings attributable to Fund 3AC0 in each quarter of | 122112 |
| fiscal year 2009 to Fund 3AC0. An amount equal to the unexpended, | 122113 |
| unencumbered portion of appropriation item 050619, Election Data | 122114 |
| Collection Grant, at the end of fiscal year 2009 is reappropriated | 122115 |
| in fiscal year 2010 for the same purpose. | 122116 |
| The Director of Budget and Management shall credit the | 122117 |
| ongoing interest earnings from the Election Reform/Health and | 122118 |
| Human Services Fund (Fund 3AH0), the 2005 HAVA Voting Machines | 122119 |
| Fund (Fund 3AS0), and the Election Data Collection Grant Fund | 122120 |
| (Fund 3AC0) to the respective funds and distribute these earnings | 122121 |
| in accordance with the terms of the grant under which the money | 122122 |
| is received. | 122123 |
| HOLDING ACCOUNT REDISTRIBUTION GROUP | 122124 |
| The foregoing appropriation items 050605, Uniform Commercial | 122125 |
| Code Refunds, and 050606, Corporate/Business Filing Refunds, shall | 122126 |
| be used to hold revenues until they are directed to the | 122127 |
| appropriate accounts or until they are refunded. If it is | 122128 |
| determined that additional appropriations are necessary, such | 122129 |
| amounts are hereby appropriated. | 122130 |
| CASH TRANSFER TO THE CORPORATE AND UNIFORM COMMERCIAL CODE | 122131 |
| FILING FUND | 122132 |
| On July 1, 2009, or as soon as possible thereafter, the | 122133 |
| Director of Budget and Management shall transfer $53,915.40 cash | 122134 |
| from the Public Utility Territorial Administration Fund (Fund | 122135 |
| 5590) to the Corporate and Uniform Commercial Code Filing Fund | 122136 |
| (Fund 5990). | 122137 |
| Section 389.10. SEN THE OHIO SENATE | 122138 |
| General Revenue Fund | 122139 |
| GRF | 020321 | Operating Expenses | $ | 12,123,439 | $ | 12,123,439 | 122140 | ||||
| TOTAL GRF General Revenue Fund | $ | 12,123,439 | $ | 12,123,439 | 122141 | ||||||
| General Services Fund Group | 122142 |
| 1020 | 020602 | Senate Reimbursement | $ | 448,465 | $ | 448,465 | 122143 | ||||
| 4090 | 020601 | Miscellaneous Sales | $ | 34,497 | $ | 34,497 | 122144 | ||||
| TOTAL GSF General Services | 122145 | ||||||||||
| Fund Group | $ | 482,962 | $ | 482,962 | 122146 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,606,401 | $ | 12,606,401 | 122147 | ||||||
| OPERATING EXPENSES | 122148 |
| On July 1, 2009, or as soon as possible thereafter, the Clerk | 122149 |
| of the Senate may certify to the Director of Budget and Management | 122150 |
| the amount of the unexpended, unencumbered balance of the | 122151 |
| foregoing appropriation item 020321, Operating Expenses, at the | 122152 |
| end of fiscal year 2009 to be reappropriated to fiscal year 2010. | 122153 |
| The amount certified is hereby reappropriated to the same | 122154 |
| appropriation item for fiscal year 2010. | 122155 |
| On July 1, 2010, or as soon as possible thereafter, the Clerk | 122156 |
| of the Senate may certify to the Director of Budget and Management | 122157 |
| the amount of the unexpended, unencumbered balance of the | 122158 |
| foregoing appropriation item 020321, Operating Expenses, at the | 122159 |
| end of fiscal year 2010 to be reappropriated to fiscal year 2011. | 122160 |
| The amount certified is hereby reappropriated to the same | 122161 |
| appropriation item for fiscal year 2011. | 122162 |
| Section 391.10. CSF COMMISSIONERS OF THE SINKING FUND | 122163 |
| Debt Service Fund Group | 122164 |
| 7070 | 155905 | Third Frontier Research and Development Bond Retirement Fund | $ | 20,948,300 | $ | 29,011,600 | 122165 | ||||
| 7072 | 155902 | Highway Capital Improvement Bond Retirement Fund | $ | 202,074,000 | $ | 203,434,200 | 122166 | ||||
| 7073 | 155903 | Natural Resources Bond Retirement Fund | $ | 26,334,400 | $ | 26,549,400 | 122167 | ||||
| 7074 | 155904 | Conservation Projects Bond Service Fund | $ | 20,711,100 | $ | 25,684,900 | 122168 | ||||
| 7076 | 155906 | Coal Research and Development Bond Retirement Fund | $ | 9,968,400 | $ | 10,947,000 | 122169 | ||||
| 7077 | 155907 | State Capital Improvement Bond Retirement Fund | $ | 148,331,900 | $ | 163,443,500 | 122170 | ||||
| 7078 | 155908 | Common Schools Bond Retirement Fund | $ | 192,559,200 | $ | 165,510,500 | 122171 | ||||
| 7079 | 155909 | Higher Education Bond Retirement Fund | $ | 85,317,700 | $ | 89,480,300 | 122172 | ||||
| 7090 | 155912 | Job Ready Site Development Bond Retirement Fund | $ | 5,685,400 | $ | 10,601,900 | 122173 | ||||
| TOTAL DSF Debt Service Fund Group | $ | 711,930,400 | $ | 724,663,300 | 122174 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 711,930,400 | $ | 724,663,300 | 122175 | ||||||
| ADDITIONAL APPROPRIATIONS | 122176 |
| Appropriation items in this section are for the purpose of | 122177 |
| paying debt service and financing costs on bonds or notes of the | 122178 |
| state issued under the Ohio Constitution and acts of the General | 122179 |
| Assembly. If it is determined that additional amounts are | 122180 |
| necessary for this purpose, such amounts are hereby appropriated. | 122181 |
| Section 393.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY | 122182 |
| DEVELOPMENT FOUNDATION | 122183 |
| General Revenue Fund | 122184 |
| 5M90 | 945601 | Operating Expenses | $ | 475,220 | $ | 475,220 | 122185 | ||||
| TOTAL TMF Tobacco Master Settlement Agreement Fund Group | $ | 475,220 | $ | 475,220 | 122186 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 475,220 | $ | 475,220 | 122187 | ||||||
| Section 395.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & | 122189 |
| AUDIOLOGY | 122190 |
| General Services Fund Group | 122191 |
| 4K90 | 886609 | Operating Expenses | $ | 453,000 | $ | 453,000 | 122192 | ||||
| TOTAL GSF General Services | 122193 | ||||||||||
| Fund Group | $ | 453,000 | $ | 453,000 | 122194 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 453,000 | $ | 453,000 | 122195 | ||||||
| Section 397.10. BTA BOARD OF TAX APPEALS | 122197 |
| General Revenue Fund | 122198 |
| GRF | 116321 | Operating Expenses | $ | 2,192,450 | $ | 2,317,450 | 122199 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,192,450 | $ | 2,317,450 | 122200 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,192,450 | $ | 2,317,450 | 122201 | ||||||
| Section 399.10. TAX DEPARTMENT OF TAXATION | 122203 |
| General Revenue Fund | 122204 |
| GRF | 110321 | Operating Expenses | $ | 81,441,056 | $ | 81,441,055 | 122205 | ||||
| GRF | 110404 | Tobacco Settlement Enforcement | $ | 295,231 | $ | 295,231 | 122206 | ||||
| GRF | 110412 | Child Support Administration | $ | 19,512 | $ | 19,512 | 122207 | ||||
| GRF | 110901 | Property Tax Allocation - Taxation | $ | 569,917,420 | $ | 577,463,014 | 122208 | ||||
| TOTAL GRF General Revenue Fund | $ | 651,673,219 | $ | 659,218,812 | 122209 | ||||||
| General Services Fund Group | 122210 |
| 2280 | 110628 | Tax Reform System Implementation | $ | 13,600,000 | $ | 13,600,000 | 122211 | ||||
| 4330 | 110602 | Tape File Account | $ | 125,000 | $ | 125,000 | 122212 | ||||
| 5AP0 | 110632 | Discovery Project | $ | 2,000,000 | $ | 2,000,000 | 122213 | ||||
| 5CZ0 | 110631 | Vendor's License Application | $ | 250,000 | $ | 250,000 | 122214 | ||||
| 5N50 | 110605 | Municipal Income Tax Administration | $ | 600,000 | $ | 600,000 | 122215 | ||||
| 5N60 | 110618 | Kilowatt Hour Tax Administration | $ | 100,000 | $ | 100,000 | 122216 | ||||
| 5V80 | 110623 | Property Tax Administration | $ | 12,000,000 | $ | 12,000,000 | 122217 | ||||
| 5W40 | 110625 | Centralized Tax Filing and Payment | $ | 200,000 | $ | 200,000 | 122218 | ||||
| 5W70 | 110627 | Exempt Facility Administration | $ | 60,000 | $ | 60,000 | 122219 | ||||
| TOTAL GSF General Services | 122220 | ||||||||||
| Fund Group | $ | 28,935,000 | $ | 28,935,000 | 122221 | ||||||
| State Special Revenue Fund Group | 122222 |
| 4350 | 110607 | Local Tax Administration | $ | 18,000,000 | $ | 18,000,000 | 122223 | ||||
| 4360 | 110608 | Motor Vehicle Audit | $ | 1,000,000 | $ | 1,000,000 | 122224 | ||||
| 4370 | 110606 | Income Tax Contribution Administration | $ | 200,000 | $ | 200,000 | 122225 | ||||
| 4380 | 110609 | School District Income Tax | $ | 5,500,000 | $ | 5,500,000 | 122226 | ||||
| 4C60 | 110616 | International Registration Plan | $ | 706,855 | $ | 706,855 | 122227 | ||||
| 4R60 | 110610 | Tire Tax Administration | $ | 200,000 | $ | 200,000 | 122228 | ||||
| 5V70 | 110622 | Motor Fuel Tax Administration | $ | 4,700,000 | $ | 4,700,000 | 122229 | ||||
| 6390 | 110614 | Cigarette Tax Enforcement | $ | 1,900,000 | $ | 1,900,000 | 122230 | ||||
| 6420 | 110613 | Ohio Political Party Distributions | $ | 500,000 | $ | 500,000 | 122231 | ||||
| 6880 | 110615 | Local Excise Tax Administration | $ | 800,000 | $ | 800,000 | 122232 | ||||
| TOTAL SSR State Special Revenue | 122233 | ||||||||||
| Fund Group | $ | 33,506,855 | $ | 33,506,855 | 122234 | ||||||
| Agency Fund Group | 122235 |
| 4250 | 110635 | Tax Refunds | $ | 1,546,800,000 | $ | 1,546,800,000 | 122236 | ||||
| 7095 | 110995 | Municipal Income Tax | $ | 21,000,000 | $ | 21,000,000 | 122237 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,567,800,000 | $ | 1,567,800,000 | 122238 | ||||||
| Holding Account Redistribution Fund Group | 122239 |
| R010 | 110611 | Tax Distributions | $ | 50,000 | $ | 50,000 | 122240 | ||||
| R011 | 110612 | Miscellaneous Income Tax Receipts | $ | 50,000 | $ | 50,000 | 122241 | ||||
| TOTAL 090 Holding Account | 122242 | ||||||||||
| Redistribution Fund Group | $ | 100,000 | $ | 100,000 | 122243 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,282,015,074 | $ | 2,289,560,667 | 122244 | ||||||
| HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX | 122245 |
| EXEMPTION | 122246 |
| The foregoing appropriation item 110901, Property Tax | 122247 |
| Allocation - Taxation, is hereby appropriated to pay for the | 122248 |
| state's costs incurred due to the Homestead Exemption, the | 122249 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 122250 |
| Rollback. The Tax Commissioner shall distribute these funds | 122251 |
| directly to the appropriate local taxing districts, except for | 122252 |
| school districts, notwithstanding the provisions in sections | 122253 |
| 321.24 and 323.156 of the Revised Code, which provide for payment | 122254 |
| of the Homestead Exemption, the Manufactured Home Property Tax | 122255 |
| Rollback, and Property Tax Rollback by the Tax Commissioner to the | 122256 |
| appropriate county treasurer and the subsequent redistribution of | 122257 |
| these funds to the appropriate local taxing districts by the | 122258 |
| county auditor. | 122259 |
| Upon receipt of these amounts, each local taxing district | 122260 |
| shall distribute the amount among the proper funds as if it had | 122261 |
| been paid as real property taxes. Payments for the costs of | 122262 |
| administration shall continue to be paid to the county treasurer | 122263 |
| and county auditor as provided for in sections 319.54, 321.26, and | 122264 |
| 323.156 of the Revised Code. | 122265 |
| Any sums, in addition to the amounts specifically | 122266 |
| appropriated in appropriation item 110901, Property Tax Allocation | 122267 |
| - Taxation, for the Homestead Exemption, the Manufactured Home | 122268 |
| Property Tax Rollback, and the Property Tax Rollback payments, | 122269 |
| which are determined to be necessary for these purposes, are | 122270 |
| hereby appropriated. | 122271 |
| MUNICIPAL INCOME TAX | 122272 |
| The foregoing appropriation item 110995, Municipal Income | 122273 |
| Tax, shall be used to make payments to municipal corporations | 122274 |
| under section 5745.05 of the Revised Code. If it is determined | 122275 |
| that additional appropriations are necessary to make such | 122276 |
| payments, such amounts are hereby appropriated. | 122277 |
| TAX REFUNDS | 122278 |
| The foregoing appropriation item 110635, Tax Refunds, shall | 122279 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 122280 |
| If it is determined that additional appropriations are necessary | 122281 |
| for this purpose, such amounts are hereby appropriated. | 122282 |
| INTERNATIONAL REGISTRATION PLAN AUDIT | 122283 |
| The foregoing appropriation item 110616, International | 122284 |
| Registration Plan, shall be used under section 5703.12 of the | 122285 |
| Revised Code for audits of persons with vehicles registered under | 122286 |
| the International Registration Plan. | 122287 |
| TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT | 122288 |
| Of the foregoing appropriation item 110607, Local Tax | 122289 |
| Administration, the Tax Commissioner may disburse funds, if | 122290 |
| available, for the purposes of paying travel expenses incurred by | 122291 |
| members of Ohio's delegation to the Streamlined Sales Tax Project, | 122292 |
| as appointed under section 5740.02 of the Revised Code. Any travel | 122293 |
| expense reimbursement paid for by the Department of Taxation shall | 122294 |
| be done in accordance with applicable state laws and guidelines. | 122295 |
| CENTRALIZED TAX FILING AND PAYMENT FUND | 122296 |
| The Director of Budget and Management, under a plan submitted | 122297 |
| by the Tax Commissioner, or as otherwise determined by the | 122298 |
| Director of Budget and Management, shall set a schedule to | 122299 |
| transfer cash from the General Revenue Fund to the credit of the | 122300 |
| Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers | 122301 |
| of cash shall not exceed $400,000 in the biennium. | 122302 |
| TOBACCO SETTLEMENT ENFORCEMENT | 122303 |
| The foregoing appropriation item 110404, Tobacco Settlement | 122304 |
| Enforcement, shall be used by the Tax Commissioner to pay costs | 122305 |
| incurred in the enforcement of divisions (F) and (G) of section | 122306 |
| 5743.03 of the Revised Code. | 122307 |
| LOCAL GOVERNMENT PROPERTY TAX REPLACEMENT - BUSINESS | 122308 |
| Notwithstanding section 5751.22(A)(1)(b) of the Revised Code, | 122309 |
| payments to local taxing units by May 31, 2011, required by | 122310 |
| section 5751.22(C) of the Revised Code shall be in an amount equal | 122311 |
| to each of the losses determined under division (D) of section | 122312 |
| 5751.20 of the Revised Code multiplied by one hundred per cent. | 122313 |
| Section 399.20. COMMERCIAL ACTIVITY TAX | 122314 |
| (A) Any term used in this section has the same meaning as in | 122315 |
| section 5751.01 of the Revised Code. | 122316 |
| (B) A person is not required to pay the annual minimum | 122317 |
| commercial activity tax due for calendar year 2005 or 2006 under | 122318 |
| Chapter 5751. of the Revised Code if the person satisfies all of | 122319 |
| the following: | 122320 |
| (1) The person was not subject to the tax for those years | 122321 |
| because the person did not have nexus with this state or was an | 122322 |
| excluded person under division (E)(1) of section 5751.01 of the | 122323 |
| Revised Code; | 122324 |
| (2) The person erroneously registered for the tax and failed | 122325 |
| to cancel the registration before May 10, 2006; | 122326 |
| (3) The person canceled its commercial activity tax | 122327 |
| registration before February 10, 2007, and was not required to | 122328 |
| file the returns and pay the annual minimum tax due February 9, | 122329 |
| 2007, February 9, 2008, or February 9, 2009. | 122330 |
| (C) The Tax Commissioner shall cancel the registration of | 122331 |
| each such person for which the registration has not yet been | 122332 |
| canceled. | 122333 |
| (D) If such a person paid the tax due for calendar year 2005 | 122334 |
| or 2006 after being contacted by the Department of Taxation, the | 122335 |
| person may request a refund of the amount paid for such a year or | 122336 |
| years under section 5751.08 of the Revised Code, notwithstanding | 122337 |
| division (E) of that section. | 122338 |
| Section 401.10. DOT DEPARTMENT OF TRANSPORTATION | 122339 |
| 122340 | |
| General Revenue Fund | 122341 |
| GRF | 775451 | Public Transportation - State | $ | 19,965,606 | $ | 20,049,147 | 122342 | ||||
| GRF | 776465 | Ohio Rail Development Commission | $ | 3,071,771 | $ | 3,090,162 | 122343 | ||||
| GRF | 776668 | Transportation Operating - Federal Stimulus | $ | 1,352,403 | $ | 1,243,338 | 122344 | ||||
| GRF | 777471 | Airport Improvements - State | $ | 1,191,876 | $ | 1,199,009 | 122345 | ||||
| TOTAL GRF General Revenue Fund | $ | 25,581,656 | $ | 25,581,656 | 122346 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 25,581,656 | $ | 25,581,656 | 122347 | ||||||
| Section 403.10. TOS TREASURER OF STATE | 122349 |
| General Revenue Fund | 122350 |
| GRF | 090321 | Operating Expenses | $ | 8,381,875 | $ | 8,381,875 | 122351 | ||||
| GRF | 090401 | Office of the Sinking | $ | 537,223 | $ | 537,223 | 122352 | ||||
| Fund | 122353 | ||||||||||
| GRF | 090402 | Continuing Education | $ | 403,959 | $ | 403,959 | 122354 | ||||
| GRF | 090524 | Police and Fire | $ | 8,000 | $ | 7,500 | 122355 | ||||
| Disability Pension Fund | 122356 | ||||||||||
| GRF | 090534 | Police and Fire Ad Hoc Cost | $ | 95,000 | $ | 90,000 | 122357 | ||||
| of Living | 122358 | ||||||||||
| GRF | 090554 | Police and Fire Survivor | $ | 720,000 | $ | 680,000 | 122359 | ||||
| Benefits | 122360 | ||||||||||
| GRF | 090575 | Police and Fire Death | $ | 20,000,000 | $ | 20,000,000 | 122361 | ||||
| Benefits | 122362 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 30,146,057 | $ | 30,100,557 | 122363 | ||||||
| General Services Fund Group | 122364 |
| 4E90 | 090603 | Securities Lending Income | $ | 4,492,622 | $ | 4,492,622 | 122365 | ||||
| 5770 | 090605 | Investment Pool | $ | 550,000 | $ | 550,000 | 122366 | ||||
| Reimbursement | 122367 | ||||||||||
| 5C50 | 090602 | County Treasurer Education | $ | 150,000 | $ | 150,000 | 122368 | ||||
| 6050 | 090609 | Treasurer of State | $ | 185,000 | $ | 185,000 | 122369 | ||||
| Administrative Fund | 122370 | ||||||||||
| TOTAL GSF General Services | 122371 | ||||||||||
| Fund Group | $ | 5,377,622 | $ | 5,377,622 | 122372 | ||||||
| Agency Fund Group | 122373 |
| 4250 | 090635 | Tax Refunds | $ | 31,000,000 | $ | 31,000,000 | 122374 | ||||
| TOTAL Agency Fund Group | $ | 31,000,000 | $ | 31,000,000 | 122375 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 66,523,679 | $ | 66,478,179 | 122376 | ||||||
| Section 403.20. OFFICE OF THE SINKING FUND | 122378 |
| The foregoing appropriation item 090401, Office of the | 122379 |
| Sinking Fund, shall be used for costs incurred by or on behalf of | 122380 |
| the Commissioners of the Sinking Fund and the Ohio Public | 122381 |
| Facilities Commission with respect to State of Ohio general | 122382 |
| obligation bonds or notes, and the Treasurer of State with respect | 122383 |
| to State of Ohio general obligation and special obligation bonds | 122384 |
| or notes, including, but not limited to, printing, advertising, | 122385 |
| delivery, rating fees and the procurement of ratings, professional | 122386 |
| publications, membership in professional organizations, and other | 122387 |
| services referred to in division (D) of section 151.01 of the | 122388 |
| Revised Code. The General Revenue Fund shall be reimbursed for | 122389 |
| such costs relating to the issuance and administration of Highway | 122390 |
| Capital Improvement bonds or notes authorized under Ohio | 122391 |
| Constitution, Article VIII, Section 2m and Chapter 151. of the | 122392 |
| Revised Code. That reimbursement shall be made from appropriation | 122393 |
| item 155902, Highway Capital Improvement Bond Retirement Fund, by | 122394 |
| intrastate transfer voucher pursuant to a certification by the | 122395 |
| Office of the Sinking Fund of the actual amounts used. The | 122396 |
| amounts necessary to make such a reimbursement are hereby | 122397 |
| appropriated from the Highway Capital Improvement Bond Retirement | 122398 |
| Fund created in section 151.06 of the Revised Code. | 122399 |
| POLICE AND FIRE DEATH BENEFIT FUND | 122400 |
| The foregoing appropriation item 090575, Police and Fire | 122401 |
| Death Benefits, shall be disbursed quarterly by the Treasurer of | 122402 |
| State at the beginning of each quarter of each fiscal year to the | 122403 |
| Board of Trustees of the Ohio Police and Fire Pension Fund. The | 122404 |
| Treasurer of State shall certify such amounts quarterly to the | 122405 |
| Director of Budget and Management. By the twentieth day of June of | 122406 |
| each fiscal year, the Board of Trustees of the Ohio Police and | 122407 |
| Fire Pension Fund shall certify to the Treasurer of State the | 122408 |
| amount disbursed in the current fiscal year to make the payments | 122409 |
| required by section 742.63 of the Revised Code and shall return to | 122410 |
| the Treasurer of State moneys received from this appropriation | 122411 |
| item but not disbursed. | 122412 |
| TAX REFUNDS | 122413 |
| The foregoing appropriation item 090635, Tax Refunds, shall | 122414 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 122415 |
| If the Director of Budget and Management determines that | 122416 |
| additional amounts are necessary for this purpose, such amounts | 122417 |
| are hereby appropriated. | 122418 |
| Section 405.10. TTA OHIO TUITION TRUST | 122419 |
| State Special Revenue Fund Group | 122420 |
| 5P30 | 095602 | Variable Savings Plans | $ | 6,175,707 | $ | 6,156,515 | 122421 | ||||
| 6450 | 095601 | Guaranteed Savings Plan | $ | 842,959 | $ | 862,150 | 122422 | ||||
| TOTAL SSR State Special Revenue | 122423 | ||||||||||
| Fund Group | $ | 7,018,666 | $ | 7,018,665 | 122424 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,018,666 | $ | 7,018,665 | 122425 | ||||||
| FUND ABOLITION | 122426 |
| On July 1, 2009, or as soon as possible thereafter, the | 122427 |
| Director of Budget and Management shall transfer the cash balance | 122428 |
| in the Index Savings Plan Fund (Fund 5AM0) to the Variable Savings | 122429 |
| Fund (Fund 5P30). The Director shall cancel any existing | 122430 |
| encumbrances against appropriation item 095603, Index Savings | 122431 |
| Plan, and re-establish them against appropriation item 095602, | 122432 |
| Variable Savings Plans. The re-established encumbrance amounts | 122433 |
| are hereby appropriated. Upon completion of these transfers, Fund | 122434 |
| 5AM0 is hereby abolished. | 122435 |
| On July 1, 2009, or as soon as possible thereafter, the | 122436 |
| Director of Budget and Management shall transfer the cash balance | 122437 |
| in the Banking Products Fund (Fund 5DC0) to the Variable College | 122438 |
| Savings Fund (Fund 5P30). The Director shall cancel any existing | 122439 |
| encumbrances against appropriation item 095604, Banking Products, | 122440 |
| and re-establish them against appropriation item 095602, Variable | 122441 |
| Savings Plans. The re-established encumbrance amounts are hereby | 122442 |
| appropriated. Upon completion of these transfers, Fund 5DC0 is | 122443 |
| hereby abolished. | 122444 |
| Section 407.10. VTO VETERANS' ORGANIZATIONS | 122445 |
| General Revenue Fund | 122446 |
| 122447 | |
| GRF | 743501 | State Support | $ | 27,533 | $ | 27,533 | 122448 |
| 122449 | |
| GRF | 746501 | State Support | $ | 60,513 | $ | 60,513 | 122450 |
| 122451 | |
| GRF | 747501 | State Support | $ | 54,398 | $ | 54,398 | 122452 |
| 122453 | |
| GRF | 748501 | State Support | $ | 32,687 | $ | 32,687 | 122454 |
| 122455 | |
| GRF | 749501 | State Support | $ | 63,789 | $ | 63,789 | 122456 |
| 122457 | |
| GRF | 750501 | State Support | $ | 62,015 | $ | 62,015 | 122458 |
| 122459 | |
| GRF | 751501 | State Support | $ | 204,549 | $ | 204,549 | 122460 |
| 122461 | |
| GRF | 752501 | State Support | $ | 332,561 | $ | 332,561 | 122462 |
| 122463 | |
| GRF | 753501 | State Support | $ | 316,711 | $ | 316,711 | 122464 |
| 122465 | |
| GRF | 754501 | State Support | $ | 237,939 | $ | 237,939 | 122466 |
| 122467 | |
| GRF | 756501 | State Support | $ | 127,569 | $ | 127,569 | 122468 |
| 122469 | |
| GRF | 757501 | State Support | $ | 6,541 | $ | 6,541 | 122470 |
| 122471 | |
| GRF | 758501 | State Support | $ | 271,277 | $ | 271,277 | 122472 |
| TOTAL GRF General Revenue Fund | $ | 1,798,082 | $ | 1,798,082 | 122473 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,798,082 | $ | 1,798,082 | 122474 | ||||||
| RELEASE OF FUNDS | 122475 |
| The Director of Budget and Management may release the | 122476 |
| foregoing appropriation items 743501, 746501, 747501, 748501, | 122477 |
| 749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501, | 122478 |
| and 758501, State Support. | 122479 |
| Section 409.10. DVS DEPARTMENT OF VETERANS SERVICES | 122480 |
| General Revenue Fund | 122481 |
| GRF | 900100 | Personal Services | $ | 25,219,282 | $ | 25,219,282 | 122482 | ||||
| GRF | 900200 | Maintenance | $ | 4,427,264 | $ | 4,427,264 | 122483 | ||||
| GRF | 900402 | Hall of Fame | $ | 118,750 | $ | 118,750 | 122484 | ||||
| GRF | 900403 | Veteran Record Conversion | $ | 40,631 | $ | 40,631 | 122485 | ||||
| GRF | 900408 | Department of Veterans Services | $ | 2,283,100 | $ | 2,283,100 | 122486 | ||||
| TOTAL GRF General Revenue Fund | $ | 32,089,027 | $ | 32,089,027 | 122487 | ||||||
| General Services Fund Group | 122488 |
| 4840 | 900603 | Veterans Home Services | $ | 770,000 | $ | 850,000 | 122489 | ||||
| TOTAL GSF General Services Fund Group | $ | 770,000 | $ | 850,000 | 122490 | ||||||
| Federal Special Revenue Fund Group | 122491 |
| 3680 | 900614 | Veterans Training | $ | 745,892 | $ | 745,892 | 122492 | ||||
| 3740 | 900606 | Troops to Teachers | $ | 100,000 | $ | 100,000 | 122493 | ||||
| 3BX0 | 900609 | Medicare Services | $ | 2,000,000 | $ | 2,200,000 | 122494 | ||||
| 3L20 | 900601 | Veterans Home Operations - Federal | $ | 16,979,245 | $ | 17,454,046 | 122495 | ||||
| TOTAL FED Federal Special Revenue | 122496 | ||||||||||
| Fund Group | $ | 19,825,137 | $ | 20,499,938 | 122497 | ||||||
| State Special Revenue Fund Group | 122498 |
| 4E20 | 900602 | Veterans Home Operating | $ | 9,314,438 | $ | 9,780,751 | 122499 | ||||
| 6040 | 900604 | Veterans Home Improvement | $ | 1,541,020 | $ | 1,700,000 | 122500 | ||||
| TOTAL SSR State Special Revenue | 122501 | ||||||||||
| Fund Group | $ | 10,855,458 | $ | 11,480,751 | 122502 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 63,539,622 | $ | 64,919,716 | 122503 | ||||||
| Section 411.10. DVM STATE VETERINARY MEDICAL BOARD | 122505 |
| General Services Fund Group | 122506 |
| 4K90 | 888609 | Operating Expenses | $ | 327,312 | $ | 327,312 | 122507 | ||||
| TOTAL GSF General Services | 122508 | ||||||||||
| Fund Group | $ | 327,312 | $ | 327,312 | 122509 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 327,312 | $ | 327,312 | 122510 | ||||||
| Section 413.10. DYS DEPARTMENT OF YOUTH SERVICES | 122512 |
| General Revenue Fund | 122513 |
| GRF | 470401 | RECLAIM Ohio | $ | 201,695,971 | $ | 192,963,840 | 122514 | ||||
| GRF | 470412 | Lease Rental Payments | $ | 23,460,900 | $ | 26,043,900 | 122515 | ||||
| GRF | 470510 | Youth Services | $ | 18,558,587 | $ | 18,558,587 | 122516 | ||||
| GRF | 470640 | RECLAIM - Federal Stimulus | $ | 3,767,869 | $ | 0 | 122517 | ||||
| GRF | 472321 | Parole Operations | $ | 13,400,020 | $ | 13,400,020 | 122518 | ||||
| GRF | 477321 | Administrative Operations | $ | 14,754,419 | $ | 14,754,419 | 122519 | ||||
| TOTAL GRF General Revenue Fund | $ | 275,637,766 | $ | 265,720,766 | 122520 | ||||||
| General Services Fund Group | 122521 |
| 1750 | 470613 | Education Reimbursement | $ | 11,000,000 | $ | 11,000,000 | 122522 | ||||
| 4790 | 470609 | Employee Food Service | $ | 200,000 | $ | 150,000 | 122523 | ||||
| 4A20 | 470602 | Child Support | $ | 450,000 | $ | 450,000 | 122524 | ||||
| 4G60 | 470605 | General Operational Funds | $ | 250,000 | $ | 250,000 | 122525 | ||||
| 5BN0 | 470629 | E-Rate Program | $ | 35,000 | $ | 35,000 | 122526 | ||||
| TOTAL GSF General Services | 122527 | ||||||||||
| Fund Group | $ | 11,935,000 | $ | 11,885,000 | 122528 | ||||||
| Federal Special Revenue Fund Group | 122529 |
| 3210 | 470601 | Education | $ | 6,531,076 | $ | 5,455,413 | 122530 | ||||
| 3210 | 470603 | Juvenile Justice Prevention | $ | 300,000 | $ | 300,000 | 122531 | ||||
| 3210 | 470606 | Nutrition | $ | 2,750,000 | $ | 2,750,000 | 122532 | ||||
| 3210 | 470610 | Rehabilitation Programs | $ | 36,000 | $ | 36,000 | 122533 | ||||
| 3210 | 470614 | Title IV-E Reimbursements | $ | 6,000,000 | $ | 6,000,000 | 122534 | ||||
| 3BH0 | 470630 | Federal Juvenile Programs FFY 06 | $ | 50,000 | $ | 0 | 122535 | ||||
| 3BT0 | 470634 | Federal Juvenile Programs | $ | 50,000 | $ | 0 | 122536 | ||||
| 3BY0 | 470635 | Federal Juvenile Programs FFY 07 | $ | 334,000 | $ | 335,000 | 122537 | ||||
| 3BZ0 | 470636 | Federal Juvenile Programs FFY 08 | $ | 653,350 | $ | 570,700 | 122538 | ||||
| 3CP0 | 470638 | Federal Juvenile Programs FFY 09 | $ | 500,000 | $ | 500,000 | 122539 | ||||
| 3CR0 | 470639 | Federal Juvenile Programs FFY 10 | $ | 0 | $ | 500,000 | 122540 | ||||
| 3V50 | 470604 | Juvenile Justice/Delinquency Prevention | $ | 1,935,300 | $ | 2,361,000 | 122541 | ||||
| 3Z80 | 470625 | Federal Juvenile Programs FFY 04 | $ | 2,000 | $ | 0 | 122542 | ||||
| 3Z90 | 470626 | Federal Juvenile Programs FFY 05 | $ | 2,000 | $ | 0 | 122543 | ||||
| TOTAL FED Federal Special Revenue | 122544 | ||||||||||
| Fund Group | $ | 19,143,726 | $ | 18,808,113 | 122545 | ||||||
| State Special Revenue Fund Group | 122546 |
| 1470 | 470612 | Vocational Education | $ | 2,166,296 | $ | 2,788,906 | 122547 | ||||
| 5BH0 | 470628 | Partnerships for Success | $ | 1,500,000 | $ | 1,500,000 | 122548 | ||||
| TOTAL SSR State Special Revenue | 122549 | ||||||||||
| Fund Group | $ | 3,666,296 | $ | 4,288,906 | 122550 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 310,382,788 | $ | 300,702,785 | 122551 | ||||||
| RECLAIM OHIO | 122552 |
| Of the foregoing appropriation item 470401, RECLAIM Ohio, | 122553 |
| $2,500,000 in each fiscal year shall be used to support Behavioral | 122554 |
| Health/Juvenile Justice programs. | 122555 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 122556 |
| The foregoing appropriation item 470412, Lease Rental | 122557 |
| Payments, shall be used to meet all payments to the Ohio Building | 122558 |
| Authority for the period from July 1, 2009, to June 30, 2011, | 122559 |
| under the leases and agreements for facilities made under Chapter | 122560 |
| 152. of the Revised Code. This appropriation is the source of | 122561 |
| funds pledged for bond service charges on related obligations | 122562 |
| issued pursuant to Chapter 152. of the Revised Code. | 122563 |
| EDUCATION REIMBURSEMENT | 122564 |
| The foregoing appropriation item 470613, Education | 122565 |
| Reimbursement, shall be used to fund the operating expenses of | 122566 |
| providing educational services to youth supervised by the | 122567 |
| Department of Youth Services. Operating expenses include, but are | 122568 |
| not limited to, teachers' salaries, maintenance costs, and | 122569 |
| educational equipment. This appropriation item may be used for | 122570 |
| capital expenses related to the education program. | 122571 |
| EMPLOYEE FOOD SERVICE AND EQUIPMENT | 122572 |
| Notwithstanding section 125.14 of the Revised Code, the | 122573 |
| foregoing appropriation item 470609, Employee Food Service, may be | 122574 |
| used to purchase any food operational items with funds received | 122575 |
| into the fund from reimbursements for state surplus property. | 122576 |
| Section 503.10. PERSONAL SERVICE EXPENSES | 122577 |
| Unless otherwise prohibited by law, any appropriation from | 122578 |
| which personal service expenses are paid shall bear the employer's | 122579 |
| share of public employees' retirement, workers' compensation, | 122580 |
| disabled workers' relief, and all group insurance programs; the | 122581 |
| costs of centralized accounting, centralized payroll processing, | 122582 |
| and related personnel reports and services; the cost of the Office | 122583 |
| of Collective Bargaining; the cost of the Employee Assistance | 122584 |
| Program; the cost of the affirmative action and equal employment | 122585 |
| opportunity programs administered by the Department of | 122586 |
| Administrative Services; the costs of interagency information | 122587 |
| management infrastructure; and the cost of administering the state | 122588 |
| employee merit system as required by section 124.07 of the Revised | 122589 |
| Code. These costs shall be determined in conformity with the | 122590 |
| appropriate sections of law and paid in accordance with procedures | 122591 |
| specified by the Office of Budget and Management. Expenditures | 122592 |
| from appropriation item 070601, Public Audit Expense - Local | 122593 |
| Government, may be exempted from the requirements of this section. | 122594 |
| Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 122595 |
| AGAINST THE STATE | 122596 |
| Except as otherwise provided in this section, an | 122597 |
| appropriation in this act or any other act may be used for the | 122598 |
| purpose of satisfying judgments, settlements, or administrative | 122599 |
| awards ordered or approved by the Court of Claims or by any other | 122600 |
| court of competent jurisdiction in connection with civil actions | 122601 |
| against the state. This authorization does not apply to | 122602 |
| appropriations to be applied to or used for payment of guarantees | 122603 |
| by or on behalf of the state, or for payments under lease | 122604 |
| agreements relating to, or debt service on, bonds, notes, or other | 122605 |
| obligations of the state. Notwithstanding any other statute to the | 122606 |
| contrary, this authorization includes appropriations from funds | 122607 |
| into which proceeds of direct obligations of the state are | 122608 |
| deposited only to the extent that the judgment, settlement, or | 122609 |
| administrative award is for, or represents, capital costs for | 122610 |
| which the appropriation may otherwise be used and is consistent | 122611 |
| with the purpose for which any related obligations were issued or | 122612 |
| entered into. Nothing contained in this section is intended to | 122613 |
| subject the state to suit in any forum in which it is not | 122614 |
| otherwise subject to suit, and is not intended to waive or | 122615 |
| compromise any defense or right available to the state in any suit | 122616 |
| against it. | 122617 |
| Section 503.30. CAPITAL PROJECT SETTLEMENTS | 122618 |
| This section specifies an additional and supplemental | 122619 |
| procedure to provide for payments of judgments and settlements if | 122620 |
| the Director of Budget and Management determines, pursuant to | 122621 |
| division (C)(4) of section 2743.19 of the Revised Code, that | 122622 |
| sufficient unencumbered moneys do not exist in the fund to support | 122623 |
| a particular appropriation to pay the amount of a final judgment | 122624 |
| rendered against the state or a state agency, including the | 122625 |
| settlement of a claim approved by a court, in an action upon and | 122626 |
| arising out of a contractual obligation for the construction or | 122627 |
| improvement of a capital facility if the costs under the contract | 122628 |
| were payable in whole or in part from a state capital projects | 122629 |
| appropriation. In such a case, the Director may either proceed | 122630 |
| pursuant to division (C)(4) of section 2743.19 of the Revised Code | 122631 |
| or apply to the Controlling Board to increase an appropriation or | 122632 |
| create an appropriation out of any unencumbered moneys in the | 122633 |
| state treasury to the credit of the capital projects fund from | 122634 |
| which the initial state appropriation was made. The amount of an | 122635 |
| increase in appropriation or new appropriation approved by the | 122636 |
| Controlling Board is hereby appropriated from the applicable | 122637 |
| capital projects fund and made available for the payment of the | 122638 |
| judgment or settlement. | 122639 |
| If the Director does not make the application authorized by | 122640 |
| this section or the Controlling Board disapproves the application, | 122641 |
| and the Director does not make application under division (C)(4) | 122642 |
| of section 2743.19 of the Revised Code, the Director shall for the | 122643 |
| purpose of making that payment make a request to the General | 122644 |
| Assembly as provided for in division (C)(5) of that section. | 122645 |
| Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS | 122646 |
| In order to provide funds for the reissuance of voided | 122647 |
| warrants under section 117.47 of the Revised Code, there is hereby | 122648 |
| appropriated, out of moneys in the state treasury from the fund | 122649 |
| credited as provided in section 117.47 of the Revised Code, that | 122650 |
| amount sufficient to pay such warrants when approved by the Office | 122651 |
| of Budget and Management. | 122652 |
| Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 122653 |
| BALANCES OF OPERATING APPROPRIATIONS | 122654 |
| (A) An unexpended balance of an operating appropriation or | 122655 |
| reappropriation that a state agency lawfully encumbered prior to | 122656 |
| the close of a fiscal year is hereby reappropriated for the | 122657 |
| following fiscal year from the fund from which it was originally | 122658 |
| appropriated or reappropriated for the following period and | 122659 |
| shall remain available only for the purpose of discharging the | 122660 |
| encumbrance: | 122661 |
| (1) For an encumbrance for personal services, maintenance, | 122662 |
| equipment, or items for resale, other than an encumbrance for an | 122663 |
| item of special order manufacture not available on term contract | 122664 |
| or in the open market or for reclamation of land or oil and gas | 122665 |
| wells, for a period of not more than five months from the end of | 122666 |
| the fiscal year; | 122667 |
| (2) For an encumbrance for an item of special order | 122668 |
| manufacture not available on term contract or in the open market, | 122669 |
| for a period of not more than five months from the end of the | 122670 |
| fiscal year or, with the written approval of the Director of | 122671 |
| Budget and Management, for a period of not more than twelve months | 122672 |
| from the end of the fiscal year; | 122673 |
| (3) For an encumbrance for reclamation of land or oil and gas | 122674 |
| wells, for a period ending when the encumbered appropriation is | 122675 |
| expended or for a period of two years, whichever is less; | 122676 |
| (4) For an encumbrance for any other expense, for such period | 122677 |
| as the Director approves, provided such period does not exceed two | 122678 |
| years. | 122679 |
| (B) For an encumbrance described in division (A)(1) of this | 122680 |
| section to remain available for more than five months from the end | 122681 |
| of the fiscal year, an agency shall, not later than November 1 of | 122682 |
| each fiscal year, make a request in writing to the Director of | 122683 |
| Budget and Management to maintain the encumbrance. The Director | 122684 |
| may exempt the encumbrance from cancellation for a specified | 122685 |
| period deemed appropriate. The exempted encumbrance is hereby | 122686 |
| reappropriated. If the request is not received by November 1, or | 122687 |
| if the request is not approved, the Director shall cancel the | 122688 |
| encumbrance. | 122689 |
| (C) Any operating appropriations for which unexpended | 122690 |
| balances are reappropriated beyond a five-month period from the | 122691 |
| end of the fiscal year by division (A)(2) of this section shall be | 122692 |
| reported to the Controlling Board by the Director of Budget and | 122693 |
| Management by the thirty-first day of December of each year. The | 122694 |
| report on each such item shall include the item, the cost of the | 122695 |
| item, and the name of the vendor. The report shall be updated on | 122696 |
| a quarterly basis for encumbrances remaining open. | 122697 |
| (D) Except as provided in division (E) of this section, upon | 122698 |
| the expiration of the reappropriation period set out in division | 122699 |
| (A) or (B) of this section, a reappropriation made by this section | 122700 |
| lapses, and the Director of Budget and Management shall cancel | 122701 |
| the encumbrance of the unexpended reappropriation not later than | 122702 |
| the end of the weekend following the expiration of the | 122703 |
| reappropriation period. | 122704 |
| (E) With the approval of the Director of Budget and | 122705 |
| Management, an unexpended balance of an encumbrance that was | 122706 |
| reappropriated by this section for a period specified in | 122707 |
| division (A)(3) or (4) of this section and that remains | 122708 |
| encumbered at the close of the fiscal biennium is hereby | 122709 |
| reappropriated for the following fiscal biennium from the fund | 122710 |
| from which it was originally appropriated or reappropriated for | 122711 |
| the applicable period specified in division (A)(3) or (4) of this | 122712 |
| section and shall remain available only for the purpose of | 122713 |
| discharging the encumbrance. | 122714 |
| (F) The Director of Budget and Management may correct | 122715 |
| accounting errors committed by the staff of the Office of Budget | 122716 |
| and Management, such as re-establishing encumbrances or | 122717 |
| appropriations cancelled in error, during the cancellation of | 122718 |
| operating encumbrances in November and of nonoperating | 122719 |
| encumbrances in December. | 122720 |
| (G) If the Controlling Board approved a purchase, that | 122721 |
| approval remains in effect so long as the appropriation used to | 122722 |
| make that purchase remains encumbered. | 122723 |
| Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND | 122724 |
| RE-ESTABLISHMENT OF ENCUMBRANCES | 122725 |
| Any cash transferred by the Director of Budget and Management | 122726 |
| under section 126.15 of the Revised Code is hereby appropriated. | 122727 |
| Any amounts necessary to re-establish appropriations or | 122728 |
| encumbrances under section 126.15 of the Revised Code are hereby | 122729 |
| appropriated. | 122730 |
| Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES | 122731 |
| There are hereby appropriated out of any moneys in the state | 122732 |
| treasury to the credit of the General Revenue Fund, which are not | 122733 |
| otherwise appropriated, funds sufficient to make any payment | 122734 |
| required by division (B)(2) of section 5747.03 of the Revised | 122735 |
| Code. | 122736 |
| Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES | 122737 |
| APPROVED BY THE CONTROLLING BOARD | 122738 |
| Any money that the Controlling Board approves for expenditure | 122739 |
| or any increase in appropriation that the Controlling Board | 122740 |
| approves under sections 127.14, 131.35, and 131.39 of the Revised | 122741 |
| Code or any other provision of law is hereby appropriated for the | 122742 |
| period ending June 30, 2011. | 122743 |
| Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S | 122744 |
| RESIDENCE | 122745 |
| If the Governor's Residence Fund (Fund 4H20) receives payment | 122746 |
| for use of the residence pursuant to section 107.40 of the Revised | 122747 |
| Code, the amounts so received are hereby appropriated to | 122748 |
| appropriation item 100604, Governor's Residence Gift. | 122749 |
| Section 503.95. SOUTHEASTERN OHIO PORT AUTHORITY | 122750 |
| CONTAINER-ON-BARGE STUDY | 122751 |
| Of appropriation item 771412, Planning and Research - | 122752 |
| Federal, appropriated in the transportation budget act, H.B. 2 of | 122753 |
| the 128th General Assembly, for fiscal years 2010 and 2011, | 122754 |
| $100,000 in fiscal year 2010 shall be used for the Southeastern | 122755 |
| Ohio Port Authority to complete a study of and to implement | 122756 |
| container-on-barge service on the Ohio River. The study shall take | 122757 |
| into account cargo origin and destinations, cost comparisons, | 122758 |
| target cargoes, and required infrastructure to connect with | 122759 |
| surface transportation. | 122760 |
| Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS | 122761 |
| Unless the agency and nuclear electric utility mutually agree | 122762 |
| to a higher amount by contract, the maximum amounts that may be | 122763 |
| assessed against nuclear electric utilities under division (B)(2) | 122764 |
| of section 4937.05 of the Revised Code and deposited into the | 122765 |
| specified funds are as follows: | 122766 |
| Fund | User | FY 2010 | FY 2011 | 122767 | ||||
| Utility Radiological Safety Fund (Fund 4E40) | Department of Agriculture | $ | 134,631 | $ | 134,631 | 122768 | ||
| Radiation Emergency Response Fund (Fund 6100) | Department of Health | $ | 887,445 | $ | 920,372 | 122769 | ||
| ER Radiological Safety Fund (Fund 6440) | Environmental Protection Agency | $ | 286,114 | $ | 286,114 | 122770 | ||
| Emergency Response Plan Fund (Fund 6570) | Department of Public Safety | $ | 1,413,889 | $ | 1,415,945 | 122771 |
| Section 506.20. On July 1, 2009, and on the first day of the | 122772 |
| month for each month thereafter, the Treasurer of State, before | 122773 |
| making any of the distributions specified in sections 5735.23, | 122774 |
| 5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit | 122775 |
| the first 2 per cent of the amount of motor fuel tax received for | 122776 |
| the preceding calendar month to the credit of the Highway | 122777 |
| Operating Fund (Fund 7002). Upon the written request of the | 122778 |
| Director of Public Safety, the Director of Budget and Management | 122779 |
| may make periodic transfers of cash totaling $16,220,000 in each | 122780 |
| fiscal year from Fund 7002 to the State Highway Safety Fund (Fund | 122781 |
| 7036). | 122782 |
| Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF | 122783 |
| INTEREST EARNED | 122784 |
| Notwithstanding any provision of law to the contrary, the | 122785 |
| Director of Budget and Management, through June 30, 2011, may | 122786 |
| transfer interest earned by any state fund to the General Revenue | 122787 |
| Fund. This section does not apply to funds whose source of | 122788 |
| revenue is restricted or protected by the Ohio Constitution, | 122789 |
| federal tax law, or the "Cash Management Improvement Act of | 122790 |
| 1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended. | 122791 |
| Section 512.30. GRF TRANSFER TO THE OAKS PROJECT | 122792 |
| IMPLEMENTATION FUND | 122793 |
| On July 1 of each fiscal year, or as soon as possible | 122794 |
| thereafter, the Director of Budget and Management shall transfer | 122795 |
| an amount not to exceed $2,100,000 cash from the General Revenue | 122796 |
| Fund to the OAKS Project Implementation Fund (Fund 5N40). | 122797 |
| Section 512.40. TRANSFERS FROM THE BUDGET STABILIZATION FUND | 122798 |
| Notwithstanding any provision of law to the contrary, the | 122799 |
| Director of Budget and Management, in either year of the biennium, | 122800 |
| may transfer cash from the Budget Stabilization Fund to the | 122801 |
| General Revenue Fund in order to balance General Revenue Fund | 122802 |
| revenues with General Revenue Fund expenditures. Within ten days | 122803 |
| of any such transfer, the Director shall notify the Governor, the | 122804 |
| Speaker of the House of Representatives, the President of the | 122805 |
| Senate, and the Minority Leaders of the House of Representatives | 122806 |
| and the Senate of the date and amount of the transfer and the cash | 122807 |
| balance remaining in the Budget Stabilization Fund. | 122808 |
| Section 512.50. TRANSFERS FROM EDUCATION FACILITIES TRUST AND | 122809 |
| PUBLIC SCHOOL BUILDING FUNDS TO GRF | 122810 |
| Notwithstanding any provision of law to the contrary, the | 122811 |
| Director of Budget and Management shall transfer a total of | 122812 |
| $200,000,000 cash in either fiscal year 2010 or fiscal year 2011 | 122813 |
| from the Education Facilities Trust Fund (Fund N087) and the | 122814 |
| Public School Building Fund (Fund 7021), which are used by the | 122815 |
| School Facilities Commission, to the General Revenue Fund. Not | 122816 |
| later than June 30, 2013, $200,000,000 cash shall be deposited | 122817 |
| into a fund of the Commission, for the purpose of constructing | 122818 |
| or renovating school facilities pursuant to Chapter 3318. of the | 122819 |
| Revised Code. | 122820 |
| Section 512.60. CASH TRANSFERS TO THE GENERAL REVENUE FUND | 122821 |
| FROM NON-GRF FUNDS | 122822 |
| Notwithstanding any provision of law to the contrary, during | 122823 |
| fiscal years 2010 and 2011, the Director of Budget and Management | 122824 |
| may transfer cash from non-General Revenue Funds that are not | 122825 |
| constitutionally restricted to the General Revenue Fund in order | 122826 |
| to ensure that available General Revenue Fund receipts and | 122827 |
| balances are sufficient to support General Revenue Fund | 122828 |
| appropriations in each fiscal year. | 122829 |
| Before September 1 of each fiscal year, the Director of | 122830 |
| Budget and Management shall prepare quarterly estimates | 122831 |
| identifying funds in the state treasury from which cash transfers | 122832 |
| are to be made and the anticipated amount of these cash transfers. | 122833 |
| Beginning with the quarter ending September 30, 2009, and on a | 122834 |
| quarterly basis thereafter, the Director of Budget and Management | 122835 |
| shall prepare a summary comparing the estimated and actual amounts | 122836 |
| of these cash transfers by fund. This quarterly summary shall be | 122837 |
| included in the report required under section 126.05 of the | 122838 |
| Revised Code. | 122839 |
| Section 512.80. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE | 122840 |
| INTRA-STATE FUND | 122841 |
| On July 1, 2009, or as soon as possible thereafter, the | 122842 |
| Director of Budget and Management shall transfer $400,900 cash | 122843 |
| from the General Revenue Fund to the Public Audit Expense | 122844 |
| Intra-State Fund (Fund 1090). The amounts transferred are hereby | 122845 |
| appropriated to help pay for expenses incurred in the Auditor of | 122846 |
| State's role relating to fiscal caution, fiscal watch, and fiscal | 122847 |
| emergency activities as defined in Chapter 3316. of the Revised | 122848 |
| Code and for performance audits for school districts in fiscal | 122849 |
| distress. | 122850 |
| Section 512.90. STATE AGENCY ADMINISTRATIVE COST SAVINGS AND | 122851 |
| EFFICIENCY | 122852 |
| Notwithstanding any provision of law to the contrary, a state | 122853 |
| agency may enter into one or more agreements with another state | 122854 |
| agency or agencies to achieve administrative cost savings and | 122855 |
| greater efficiency. Subject to sections 124.321 to 124.328 of the | 122856 |
| Revised Code, a state agency may identify employees who may be | 122857 |
| transferred to another agency for the purpose of consolidating | 122858 |
| finance, human resources, legal, or other administrative | 122859 |
| functions. In addition, state agencies may share office equipment, | 122860 |
| office space, or other agency assets to the extent such an | 122861 |
| arrangement would create savings in rental, lease, or other | 122862 |
| contractual expenses. The Director of Budget and Management, in | 122863 |
| accordance with section 126.21 of the Revised Code, may take any | 122864 |
| actions with regard to state agency budget changes, program | 122865 |
| transfers, the creation of new funds, or the consolidation of | 122866 |
| funds as necessary due to the administrative reorganization or | 122867 |
| consolidation for purposes of cost savings and greater efficiency | 122868 |
| pursuant to this section. | 122869 |
| Section 515.10. On and after the effective date of section | 122870 |
| 3354.24 of the Revised Code as enacted by Sub. H.B. 1 of the 128th | 122871 |
| General Assembly: | 122872 |
| (A) The board of trustees of the Eastern Gateway Community | 122873 |
| College District (the District) shall have the powers and duties | 122874 |
| formerly prescribed as powers and duties of the board of trustees | 122875 |
| of the Jefferson County Community College District and any | 122876 |
| additional powers and duties granted or imposed by law. | 122877 |
| (B) The board of trustees of the District assumes the | 122878 |
| obligations of, and is the successor to and continuation of, the | 122879 |
| board of trustees of the Jefferson County Community College | 122880 |
| District. | 122881 |
| (C) Any business commenced but not completed by the board of | 122882 |
| trustees of the Jefferson County Community College District shall | 122883 |
| be completed by the board of trustees of the District in the same | 122884 |
| manner, and with the same effect, as if completed by the board of | 122885 |
| trustees of the Jefferson County Community College District. No | 122886 |
| validation, cure, right, privilege, remedy, obligation, or | 122887 |
| liability is lost or impaired by reason of the enactment by this | 122888 |
| act of this section and section 3354.24 of the Revised Code. | 122889 |
| (D) Rules of the board of trustees of the Jefferson County | 122890 |
| Community College District shall continue as rules for the board | 122891 |
| of trustees of the District until amended or rescinded by the | 122892 |
| board of trustees of the District. | 122893 |
| (E) Any reference in statute, rule, contract, grant, or other | 122894 |
| document to the board of trustees of the Jefferson County | 122895 |
| Community College District shall be construed to refer to the | 122896 |
| board of trustees of the District. | 122897 |
| (F) No judicial, administrative, or other proceeding to which | 122898 |
| the board of trustees of the Jefferson County Community College | 122899 |
| District is a party and that is pending on the effective date of | 122900 |
| this section shall be affected by the enactment by this act of | 122901 |
| this section and section 3354.24 of the Revised Code. Upon | 122902 |
| application to the court or other tribunal, the board of trustees | 122903 |
| of the District shall be substituted for the board of trustees of | 122904 |
| the Jefferson County Community College District as a party to the | 122905 |
| action or proceeding, and the action shall be prosecuted or | 122906 |
| defended in the name of the board of trustees of the District. | 122907 |
| (G) All books, records, documents, files, transcripts, | 122908 |
| equipment, furniture, supplies, and other materials assigned to or | 122909 |
| possessed by the board of trustees of the Jefferson County | 122910 |
| Community College District shall be transferred to the board of | 122911 |
| trustees of the District. | 122912 |
| (H) The employees of the board of trustees of the Jefferson | 122913 |
| County Community College District shall be employees of the board | 122914 |
| of trustees of the District. | 122915 |
| Section 515.20. On the effective date of this section, the | 122916 |
| duties, responsibilities, and functions of the Ohio Board of | 122917 |
| Regents under sections 4741.41, 4741.44, 4741.45, and 4741.46 of | 122918 |
| the Revised Code and its assets and liabilities under those | 122919 |
| sections are transferred to the State Veterinary Medical Licensing | 122920 |
| Board. The State Veterinary Medical Licensing Board assumes the | 122921 |
| obligations and authority of the Ohio Board of Regents with regard | 122922 |
| to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised | 122923 |
| Code. No right, privilege, or remedy, and no duty, liability, or | 122924 |
| obligation, accrued by the Ohio Board of Regents under sections | 122925 |
| 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code is | 122926 |
| impaired or lost by reason of the transfer and shall be | 122927 |
| recognized, administered, performed, or enforced by the State | 122928 |
| Veterinary Medical Licensing Board. | 122929 |
| Business commenced but not completed by the Ohio Board of | 122930 |
| Regents with regard to sections 4741.41, 4741.44, 4741.45, and | 122931 |
| 4741.46 of the Revised Code shall be completed by the State | 122932 |
| Veterinary Medical Licensing Board in the same manner, and with | 122933 |
| the same effect, as if completed by the Ohio Board of Regents. | 122934 |
| All determinations of the Ohio Board of Regents that are made | 122935 |
| pursuant to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the | 122936 |
| Revised Code continue in effect as determinations of the State | 122937 |
| Veterinary Medical Licensing Board until modified or rescinded by | 122938 |
| the State Veterinary Medical Licensing Board. | 122939 |
| Whenever the Ohio Board of Regents is referred to in statute, | 122940 |
| contract, or other instrument for the purposes of sections | 122941 |
| 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code, the | 122942 |
| reference is deemed to refer to the State Veterinary Medical | 122943 |
| Licensing Board. | 122944 |
| No pending action or proceeding being prosecuted or defended | 122945 |
| in court or before any agency by the Ohio Board of Regents for the | 122946 |
| purposes of sections 4741.41, 4741.44, 4741.45, and 4741.46 of the | 122947 |
| Revised Code is affected by the transfer and shall be prosecuted | 122948 |
| or defended in the name of the State Veterinary Medical Licensing | 122949 |
| Board. Upon application to the court or agency, the State | 122950 |
| Veterinary Medical Licensing Board shall be substituted as a | 122951 |
| party. | 122952 |
| Section 515.30. On the effective date of this section, the | 122953 |
| Division of Soil and Water Conservation in the Department of | 122954 |
| Natural Resources is renamed the Division of Soil and Water | 122955 |
| Resources. The Division of Soil and Water Conservation's | 122956 |
| functions, and its assets and liabilities, are transferred to the | 122957 |
| Division of Soil and Water Resources. The Division of Soil and | 122958 |
| Water Resources is successor to, assumes the obligations and | 122959 |
| authority of, and otherwise continues the Division of Soil and | 122960 |
| Water Conservation. No right, privilege, or remedy, and no duty, | 122961 |
| liability, or obligation, accrued under the Division of Soil and | 122962 |
| Water Conservation is impaired or lost by reason of the renaming | 122963 |
| and shall be recognized, administered, performed, or enforced by | 122964 |
| the Division of Soil and Water Resources. | 122965 |
| Business commenced but not completed by the Division of Soil | 122966 |
| and Water Conservation or by the Chief of the Division of Soil and | 122967 |
| Water Conservation shall be completed by the Division of Soil and | 122968 |
| Water Resources or the Chief of the Division of Soil and Water | 122969 |
| Resources in the same manner, and with the same effect, as if | 122970 |
| completed by the Division of Soil and Water Conservation or the | 122971 |
| Chief of the Division of Soil and Water Conservation. | 122972 |
| All of the Division of Soil and Water Conservation's rules, | 122973 |
| orders, and determinations continue in effect as rules, orders, | 122974 |
| and determinations of the Division of Soil and Water Resources | 122975 |
| until modified or rescinded by the Division of Soil and Water | 122976 |
| Resources. | 122977 |
| Subject to the layoff provisions of sections 124.321 to | 122978 |
| 124.382 of the Revised Code, all employees of the Division of Soil | 122979 |
| and Water Conservation continue with the Division of Soil and | 122980 |
| Water Resources and retain their positions and all benefits | 122981 |
| accruing thereto. | 122982 |
| The Director of Budget and Management shall determine the | 122983 |
| amount of unexpended balances in the appropriation accounts that | 122984 |
| pertain to the Division of Soil and Water Conservation and shall | 122985 |
| recommend to the Controlling Board their transfer to the | 122986 |
| appropriation accounts that pertain to the Division of Soil and | 122987 |
| Water Resources. The Chief of the Division of Soil and Water | 122988 |
| Conservation shall provide full and timely information to the | 122989 |
| Controlling Board to facilitate the transfer. | 122990 |
| Whenever the Division of Soil and Water Conservation or the | 122991 |
| Chief of the Division of Soil and Water Conservation is referred | 122992 |
| to in a statute, contract, or other instrument, the reference is | 122993 |
| deemed to refer to the Division of Soil and Water Resources or to | 122994 |
| the Chief of the Division of Soil and Water Resources, whichever | 122995 |
| is appropriate in context. | 122996 |
| No pending action or proceeding being prosecuted or defended | 122997 |
| in court or before an agency by the Division of Soil and Water | 122998 |
| Conservation or the Chief of the Division of Soil and Water | 122999 |
| Conservation is affected by the renaming and shall be prosecuted | 123000 |
| or defended in the name of the Division of Soil and Water | 123001 |
| Resources or the Chief of the Division of Soil and Water | 123002 |
| Resources, whichever is appropriate. Upon application to the court | 123003 |
| or agency, the Division of Soil and Water Resources or the Chief | 123004 |
| of the Division of Soil and Water Resources shall be substituted. | 123005 |
| Section 515.40. On the effective date of this section, the | 123006 |
| Division of Water in the Department of Natural Resources is | 123007 |
| abolished and its functions, and its assets and liabilities, are | 123008 |
| transferred to the Division of Soil and Water Resources and the | 123009 |
| Division of Parks and Recreation, as applicable, in the Department | 123010 |
| of Natural Resources. The Division of Soil and Water Resources and | 123011 |
| the Division of Parks and Recreation, as applicable, are | 123012 |
| successors to, assume the obligations and authority of, and | 123013 |
| otherwise continue the Division of Water. No right, privilege, or | 123014 |
| remedy, and no duty, liability, or obligation, accrued under the | 123015 |
| Division of Water is impaired or lost by reason of the abolishment | 123016 |
| and shall be recognized, administered, performed, or enforced by | 123017 |
| the Division of Soil and Water Resources or the Division of Parks | 123018 |
| and Recreation, whichever is applicable. | 123019 |
| Business commenced but not completed by the Division of Water | 123020 |
| or by the Chief of the Division of Water shall be completed by the | 123021 |
| Division of Soil and Water Resources or the Chief of the Division | 123022 |
| of Soil and Water Resources or by the Division of Parks and | 123023 |
| Recreation or the Chief of the Division of Parks and Recreation, | 123024 |
| whichever is applicable, in the same manner, and with the same | 123025 |
| effect, as if completed by the Division of Water or the Chief of | 123026 |
| the Division of Water. | 123027 |
| All of the Division of Water's rules, orders, and | 123028 |
| determinations continue in effect as rules, orders, and | 123029 |
| determinations of the Division of Soil and Water Resources or the | 123030 |
| Division of Parks and Recreation, whichever is applicable, until | 123031 |
| modified or rescinded by the Division of Soil and Water Resources | 123032 |
| or the Division of Parks and Recreation, as applicable. If | 123033 |
| necessary to ensure the integrity of the numbering of the | 123034 |
| Administrative Code, the Director of the Legislative Service | 123035 |
| Commission shall renumber the Division of Water's rules to | 123036 |
| reflect their transfer to the Division of Soil and Water Resources | 123037 |
| or to the Division of Parks and Recreation, as applicable. | 123038 |
| Subject to the layoff provisions of sections 124.321 to | 123039 |
| 124.382 of the Revised Code, all employees of the Division of | 123040 |
| Water are transferred to the Division of Soil and Water Resources | 123041 |
| or to the Division of Parks and Recreation, as applicable, and | 123042 |
| retain their positions and all benefits accruing thereto. | 123043 |
| The Director of Budget and Management shall determine the | 123044 |
| amount of unexpended balances in the appropriation accounts that | 123045 |
| pertain to the Division of Water and shall recommend to the | 123046 |
| Controlling Board their transfer to the appropriation accounts | 123047 |
| that pertain to the Division of Soil and Water Resources or the | 123048 |
| Division of Parks and Recreation, as applicable. The Chief of the | 123049 |
| Division of Water shall provide full and timely information to the | 123050 |
| Controlling Board to facilitate the transfer. | 123051 |
| Whenever the Division of Water or the Chief of the Division | 123052 |
| of Water is referred to in a statute, contract, or other | 123053 |
| instrument, the reference is deemed to refer to the Division of | 123054 |
| Soil and Water Resources or to the Chief of the Division of Soil | 123055 |
| and Water Resources or to the Division of Parks and Recreation or | 123056 |
| to the Chief of the Division of Parks and Recreation, whichever is | 123057 |
| appropriate in context. | 123058 |
| No pending action or proceeding being prosecuted or defended | 123059 |
| in court or before an agency by the Division of Water or the Chief | 123060 |
| of the Division of Water is affected by the abolishment and shall | 123061 |
| be prosecuted or defended in the name of the Division of Soil and | 123062 |
| Water Resources or the Chief of the Division of Soil and Water | 123063 |
| Resources or of the Division of Parks and Recreation or the Chief | 123064 |
| of the Division of Parks and Recreation, whichever is appropriate. | 123065 |
| Upon application to the court or agency, the Division of Soil and | 123066 |
| Water Resources or the Chief of the Division of Soil and Water | 123067 |
| Resources or the Division of Parks and Recreation or the Chief of | 123068 |
| the Division of Parks and Recreation, whichever is applicable, | 123069 |
| shall be substituted. | 123070 |
| Section 515.50. On the effective date of this section, the | 123071 |
| Division of Real Estate and Land Management in the Department of | 123072 |
| Natural Resources is abolished and its functions, and its assets | 123073 |
| and liabilities, are transferred to the Director of Natural | 123074 |
| Resources, to the Division of Engineering, and to the Division of | 123075 |
| Parks and Recreation, as applicable, in the Department of Natural | 123076 |
| Resources. The Director of Natural Resources, the Division of | 123077 |
| Engineering, and the Division of Parks and Recreation are | 123078 |
| successors to, assume the obligations and authority of, and | 123079 |
| otherwise continue the Division of Real Estate and Land | 123080 |
| Management. No right, privilege, or remedy, and no duty, | 123081 |
| liability, or obligation, accrued under the Division of Real | 123082 |
| Estate and Land Management is impaired or lost by reason of the | 123083 |
| abolishment and shall be recognized, administered, performed, or | 123084 |
| enforced by the Director of Natural Resources, the Division of | 123085 |
| Engineering, and the Division of Parks and Recreation, whichever | 123086 |
| is applicable. | 123087 |
| Business commenced but not completed by the Division of Real | 123088 |
| Estate and Land Management or by the Chief of the Division of Real | 123089 |
| Estate and Land Management shall be completed by the Director of | 123090 |
| Natural Resources, by the Division of Engineering or the Chief | 123091 |
| Engineer, or by the Division of Parks and Recreation or the Chief | 123092 |
| of the Division of Parks and Recreation, whichever is applicable, | 123093 |
| in the same manner, and with the same effect, as if completed by | 123094 |
| the Division of Real Estate and Land Management or the Chief of | 123095 |
| the Division of Real Estate and Land Management. | 123096 |
| All of the Division of Real Estate and Land Management's | 123097 |
| rules, orders, and determinations continue in effect as rules, | 123098 |
| orders, and determinations of the Director of Natural Resources, | 123099 |
| the Division of Engineering, or the Division of Parks and | 123100 |
| Recreation, whichever is applicable, until modified or rescinded | 123101 |
| by the Director of Natural Resources, the Division of Engineering, | 123102 |
| or the Division of Parks and Recreation, as applicable. If | 123103 |
| necessary to ensure the integrity of the numbering of the | 123104 |
| Administrative Code, the Director of the Legislative Service | 123105 |
| Commission shall renumber the Division of Real Estate and Land | 123106 |
| Management's rules to reflect their transfer to the Director of | 123107 |
| Natural Resources, to the Division of Engineering, or to the | 123108 |
| Division of Parks and Recreation, as applicable. | 123109 |
| Subject to the layoff provisions of sections 124.321 to | 123110 |
| 124.382 of the Revised Code, all employees of the Division of Real | 123111 |
| Estate and Land Management are transferred to the office of the | 123112 |
| Director of Natural Resources, the Division of Engineering, or | 123113 |
| the Division of Parks and Recreation, as applicable, and retain | 123114 |
| their positions and all benefits accruing thereto. | 123115 |
| The Director of Budget and Management shall determine the | 123116 |
| amount of unexpended balances in the appropriation accounts that | 123117 |
| pertain to the Division of Real Estate and Land Management and | 123118 |
| shall recommend to the Controlling Board their transfer to the | 123119 |
| appropriation accounts that pertain to the Director of Natural | 123120 |
| Resources, the Division of Engineering, or the Division of Parks | 123121 |
| and Recreation, as applicable. The Chief of the Division of Real | 123122 |
| Estate and Land Management shall provide full and timely | 123123 |
| information to the Controlling Board to facilitate the transfer. | 123124 |
| Whenever the Division of Real Estate and Land Management or | 123125 |
| the Chief of the Division of Real Estate and Land Management is | 123126 |
| referred to in a statute, contract, or other instrument, the | 123127 |
| reference is deemed to refer to the Director of Natural Resources, | 123128 |
| to the Division of Engineering or the Chief Engineer, or to the | 123129 |
| Division of Parks and Recreation or the Chief of the Division of | 123130 |
| Parks and Recreation, whichever is appropriate in context. | 123131 |
| No pending action or proceeding being prosecuted or defended | 123132 |
| in court or before an agency by the Division of Real Estate and | 123133 |
| Land Management or the Chief of the Division of Real Estate and | 123134 |
| Land Management is affected by the abolishment and shall be | 123135 |
| prosecuted or defended in the name of the Department of Natural | 123136 |
| Resources or the Director of Natural Resources, of the Division | 123137 |
| of Engineering or the Chief Engineer, or of the Division of Parks | 123138 |
| and Recreation or the Chief of the Division of Parks and | 123139 |
| Recreation, whichever is appropriate. Upon application to the | 123140 |
| court or agency, the Department of Natural Resources or the | 123141 |
| Director of Natural Resources, the Division of Engineering or the | 123142 |
| Chief Engineer, or the Division of Parks and Recreation or the | 123143 |
| Chief of the Division of Parks and Recreation, whichever is | 123144 |
| applicable, shall be substituted. | 123145 |
| Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS | 123146 |
| Certain appropriations are in this act for the purpose of | 123147 |
| paying debt service and financing costs on general obligation | 123148 |
| bonds or notes of the state issued pursuant to the Ohio | 123149 |
| Constitution and acts of the General Assembly. If it is determined | 123150 |
| that additional appropriations are necessary for this purpose, | 123151 |
| such amounts are hereby appropriated. | 123152 |
| Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER | 123153 |
| OF STATE | 123154 |
| Certain appropriations are in this act for the purpose of | 123155 |
| making lease rental payments pursuant to leases and agreements | 123156 |
| relating to bonds or notes issued by the Ohio Building Authority | 123157 |
| or the Treasurer of State or, previously, by the Ohio Public | 123158 |
| Facilities Commission, pursuant to the Ohio Constitution and acts | 123159 |
| of the General Assembly. If it is determined that additional | 123160 |
| appropriations are necessary for this purpose, such amounts are | 123161 |
| hereby appropriated. | 123162 |
| Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM | 123163 |
| TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS | 123164 |
| The Office of Budget and Management shall process payments | 123165 |
| from general obligation and lease rental payment appropriation | 123166 |
| items during the period from July 1, 2009, to June 30, 2011, | 123167 |
| relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m, | 123168 |
| 2n, 2o, 2p, 2q, and 15 of Article VIII, Ohio Constitution, and | 123169 |
| Chapters 151. and 154. of the Revised Code. Payments shall be | 123170 |
| made upon certification by the Treasurer of State, Office of the | 123171 |
| Sinking Fund, of the dates and the amounts due on those dates. | 123172 |
| Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY | 123173 |
| AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS | 123174 |
| The Office of Budget and Management shall process payments | 123175 |
| from lease rental payment appropriation items during the period | 123176 |
| from July 1, 2009, to June 30, 2011, pursuant to the lease | 123177 |
| agreements entered into relating to bonds or notes issued under | 123178 |
| Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of | 123179 |
| the Revised Code. Payments shall be made upon certification by the | 123180 |
| Ohio Building Authority of the dates and the amounts due on those | 123181 |
| dates. | 123182 |
| Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION | 123183 |
| There is hereby appropriated, from those funds designated by | 123184 |
| or pursuant to the applicable proceedings authorizing the issuance | 123185 |
| of state obligations, amounts computed at the time to represent | 123186 |
| the portion of investment income to be rebated or amounts in lieu | 123187 |
| of or in addition to any rebate amount to be paid to the federal | 123188 |
| government in order to maintain the exclusion from gross income | 123189 |
| for federal income tax purposes of interest on those state | 123190 |
| obligations under section 148(f) of the Internal Revenue Code. | 123191 |
| Rebate payments shall be approved and vouchered by the Office | 123192 |
| of Budget and Management. | 123193 |
| Section 521.20. STATEWIDE INDIRECT COST RECOVERY | 123194 |
| Whenever the Director of Budget and Management determines | 123195 |
| that an appropriation made to a state agency from a fund of the | 123196 |
| state is insufficient to provide for the recovery of statewide | 123197 |
| indirect costs under section 126.12 of the Revised Code, the | 123198 |
| amount required for such purpose is hereby appropriated from the | 123199 |
| available receipts of such fund. | 123200 |
| Section 521.30. GRF TRANSFERS ON BEHALF OF THE STATEWIDE | 123201 |
| INDIRECT COST ALLOCATION PLAN | 123202 |
| The total transfers made from the General Revenue Fund by the | 123203 |
| Director of Budget and Management under this section shall not | 123204 |
| exceed the amounts transferred into the General Revenue Fund under | 123205 |
| section 126.12 of the Revised Code. | 123206 |
| The director of an agency may certify to the Director of | 123207 |
| Budget and Management the amount of expenses not allowed to be | 123208 |
| included in the Statewide Indirect Cost Allocation Plan under | 123209 |
| federal regulations, from any fund included in the Statewide | 123210 |
| Indirect Cost Allocation Plan, prepared as required by section | 123211 |
| 126.12 of the Revised Code. | 123212 |
| Upon determining that no alternative source of funding is | 123213 |
| available to pay for such expenses, the Director of Budget and | 123214 |
| Management may transfer from the General Revenue Fund into the | 123215 |
| fund for which the certification is made, up to the amount of the | 123216 |
| certification. The director of the agency receiving such funds | 123217 |
| shall include, as part of the next budget submission prepared | 123218 |
| under section 126.02 of the Revised Code, a request for funding | 123219 |
| for such activities from an alternative source such that further | 123220 |
| federal disallowances would not be required. | 123221 |
| Section 521.40. FISCAL YEAR 2009 GENERAL REVENUE FUND ENDING | 123222 |
| BALANCE | 123223 |
| Notwithstanding divisions (B) and (C) of section 131.44 of | 123224 |
| the Revised Code, all fiscal year 2009 surplus revenue in excess | 123225 |
| of the amount required under division (A)(3) of section 131.44 of | 123226 |
| the Revised Code shall remain in the General Revenue Fund. | 123227 |
| Section 521.50. FEDERAL GOVERNMENT INTEREST REQUIREMENTS | 123228 |
| Notwithstanding any provision of law to the contrary, on or | 123229 |
| before the first day of September of each fiscal year, the | 123230 |
| Director of Budget and Management, in order to reduce the payment | 123231 |
| of adjustments to the federal government, as determined by the | 123232 |
| plan prepared under division (A) of section 126.12 of the Revised | 123233 |
| Code, may designate such funds as the Director considers necessary | 123234 |
| to retain their own interest earnings. | 123235 |
| Section 521.60. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT | 123236 |
| Pursuant to the plan for compliance with the Federal Cash | 123237 |
| Management Improvement Act required by section 131.36 of the | 123238 |
| Revised Code, the Director of Budget and Management may cancel and | 123239 |
| re-establish all or part of encumbrances in like amounts within | 123240 |
| the funds identified by the plan. The amounts necessary to | 123241 |
| re-establish all or part of encumbrances are hereby appropriated. | 123242 |
| Section 521.70. FISCAL STABILIZATION AND RECOVERY | 123243 |
| (A) To ensure the level of accountability and transparency | 123244 |
| required by federal law, the Director of Budget and Management | 123245 |
| may issue guidelines to any agency applying for federal money | 123246 |
| made available to this state for fiscal stabilization and | 123247 |
| recovery purposes, and may prescribe the process by which | 123248 |
| agencies are to comply with any reporting requirements | 123249 |
| established by the federal government. | 123250 |
| (B) Notwithstanding any provision of law to the contrary, | 123251 |
| federal money received by or on behalf of this state for fiscal | 123252 |
| stabilization in support of elementary, secondary, and higher | 123253 |
| education, public safety, and any other government service shall | 123254 |
| be deposited into the state treasury to the credit of the General | 123255 |
| Revenue Fund. If additional federal fiscal stabilization funds are | 123256 |
| available, the Director of Budget and Management may authorize | 123257 |
| expenditures from the General Revenue Fund in excess of the | 123258 |
| amounts appropriated to provide additional government services. | 123259 |
| Upon the authorization of the Director, the additional amounts are | 123260 |
| hereby appropriated. The federal money shall not be used as a | 123261 |
| match for the state's share of Medicaid. | 123262 |
| Section 523.10. ADVANCED ENERGY RESEARCH AND DEVELOPMENT | 123263 |
| (A) All items set forth in this division are hereby | 123264 |
| appropriated, for fiscal years 2011 and 2012, the biennium ending | 123265 |
| on June 30, 2012, out of any moneys in the state treasury to the | 123266 |
| credit of the Advanced Energy Research and Development Taxable | 123267 |
| Fund (Fund 7004) derived from the proceeds of obligations | 123268 |
| heretofore authorized under section 166.11 of the Revised Code: | 123269 |
| 123270 | |
| C89800 | Advanced Energy Research and Development Taxable | $ | 9,000,000 | 123271 | |||
| TOTAL Advanced Energy Research and Development Taxable Fund | $ | 9,000,000 | 123272 | ||||
| TOTAL AIR QUALITY DEVELOPMENT AUTHORITY | $ | 9,000,000 | 123273 | ||||
| (B) All items set forth in this division are hereby | 123274 |
| appropriated, for fiscal years 2011 and 2012, the biennium ending | 123275 |
| on June 30, 2012, out of any moneys in the state treasury to the | 123276 |
| credit of the Advanced Energy Research and Development Fund (Fund | 123277 |
| 7005) derived from the proceeds of obligations heretofore | 123278 |
| authorized under section 166.11 of the Revised Code: | 123279 |
| 123280 | |
| C89801 | Advanced Energy Research and Development | $ | 19,000,000 | 123281 | |||
| TOTAL Advanced Energy Research and Development Fund | $ | 19,000,000 | 123282 | ||||
| TOTAL AIR QUALITY DEVELOPMENT AUTHORITY | $ | 19,000,000 | 123283 | ||||
| (C) The appropriation items C89800, Advanced Energy Research | 123284 |
| and Development Taxable, and C89801, Advanced Energy Research and | 123285 |
| Development, shall be used for advanced energy projects as | 123286 |
| provided in sections 3706.25 to 3706.30 of the Revised Code. The | 123287 |
| Executive Director of the Air Quality Development Authority may | 123288 |
| certify to the Director of Budget and Management that a need | 123289 |
| exists to fund additional advanced energy projects. If the | 123290 |
| Director of Budget and Management determines that investment | 123291 |
| earnings of the Advanced Energy Research and Development Taxable | 123292 |
| Fund (Fund 7004) and the Advanced Energy Research and Development | 123293 |
| Fund (Fund 7005) are available to fund additional projects, the | 123294 |
| Director may authorize additional expenditures from Fund 7004 or | 123295 |
| Fund 7005. Such amounts are hereby appropriated. | 123296 |
| (D) Notwithstanding any contrary provision of law, upon the | 123297 |
| request of the Executive Director of the Air Quality Development | 123298 |
| Authority, the Director of Budget and Management may transfer | 123299 |
| cash between Funds 7004 and 7005. Amounts transferred are hereby | 123300 |
| appropriated. | 123301 |
| (E) Expenditures from appropriations contained in this | 123302 |
| section may be accounted for as though made in the main capital | 123303 |
| appropriations act for the fiscal year 2011-2012 biennium enacted | 123304 |
| by the 128th General Assembly. The Air Quality Development | 123305 |
| Authority shall not expend any of the appropriations made in this | 123306 |
| section until after July 1, 2010. | 123307 |
| Section 601.10. That Sections 205.10, 309.10, 317.10, 321.10, | 123308 |
| 325.20, and 327.10 of Am. Sub. H.B. 2 of the 128th General | 123309 |
| Assembly be amended to read as follows: | 123310 |
| Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY | 123311 |
| State Highway Safety Fund Group | 123312 |
| 4W40 | 762321 | Operating Expense - BMV | $ | 85,145,103 | $ | 89,005,103 | 123313 | ||||
| 4W40 | 762410 | Registrations Supplement | $ | 31,753,145 | $ | 32,480,610 | 123314 | ||||
| 5V10 | 762682 | License Plate Contributions | $ | 2,100,000 | $ | 2,100,000 | 123315 | ||||
| 7036 | 761321 | Operating Expense - Information and Education | $ | 8,819,954 | $ | 8,828,661 | 123316 | ||||
| 7036 | 761401 | Lease Rental Payments | $ | 13,337,000 | $ | 11,836,200 | 123317 | ||||
| 7036 | 764033 | Minor Capital Projects | $ | 1,250,000 | $ | 1,250,000 | 123318 | ||||
| 7036 | 764321 | Operating Expense - Highway Patrol | $ | 269,887,828 | $ | 269,975,259 | 123319 | ||||
| 7036 | 764605 | Motor Carrier Enforcement Expenses | $ | 3,340,468 | $ | 3,340,468 | 123320 | ||||
| 8300 | 761603 | Salvage and Exchange - Administration | $ | 20,800 | $ | 21,632 | 123321 | ||||
| 8310 | 761610 | Information and Education - Federal | $ | 468,982 | $ | 468,982 | 123322 | ||||
| 8310 | 764610 | Patrol - Federal | $ | 2,455,484 | $ | 2,455,484 | 123323 | ||||
| 8310 | 764659 | Transportation Enforcement - Federal | $ | 6,132,592 | $ | 6,132,592 | 123324 | ||||
| 8310 | 765610 | EMS - Federal | $ | 582,007 | $ | 582,007 | 123325 | ||||
| 8310 | 767610 | Liquor Enforcement - Federal | $ | 514,184 | $ | 514,184 | 123326 | ||||
| 8310 | 769610 | Food Stamp Trafficking Enforcement - Federal | $ | 1,032,135 | $ | 1,032,135 | 123327 | ||||
| 8310 | 769631 | Homeland Security - Federal | $ | 2,100,000 | $ | 2,184,000 | 123328 | ||||
| 8320 | 761612 | Traffic Safety - Federal | $ | 16,577,565 | $ | 16,577,565 | 123329 | ||||
| 8350 | 762616 | Financial Responsibility Compliance | $ | 6,063,600 | $ | 6,063,600 | 123330 | ||||
| 8370 | 764602 | Turnpike Policing | $ | 11,553,959 | $ | 11,553,959 | 123331 | ||||
| 8380 | 764606 | Patrol Reimbursement | $ | 100,000 | $ | 100,000 | 123332 | ||||
| 83C0 | 764630 | Contraband, Forfeiture, Other | $ | 622,894 | $ | 622,894 | 123333 | ||||
| 83F0 | 764657 | Law Enforcement Automated Data System | $ | 10,984,978 | $ | 9,053,266 | 123334 | ||||
| 83G0 | 764633 | OMVI Enforcement/Education | $ | 650,000 | $ | 650,000 | 123335 | ||||
| 83J0 | 764693 | Highway Patrol Justice Contraband | $ | 2,100,000 | $ | 2,100,000 | 123336 | ||||
| 83M0 | 765624 | Operating Expense - Trauma and EMS | $ | 2,915,113 | $ | 2,924,562 | 123337 | ||||
| 83N0 | 761611 | Elementary School Seat Belt Program | $ | 390,000 | $ | 405,600 | 123338 | ||||
| 83P0 | 765637 | EMS Grants | $ | 4,562,912 | $ | 4,562,912 | 123339 | ||||
| 83R0 | 762639 | Local Immobilization Reimbursement | $ | 750,000 | $ | 750,000 | 123340 | ||||
| 83T0 | 764694 | Highway Patrol Treasury Contraband | $ | 21,000 | $ | 21,000 | 123341 | ||||
| 8400 | 764607 | State Fair Security | $ | 1,396,283 | $ | 1,396,283 | 123342 | ||||
| 8400 | 764617 | Security and Investigations | $ | 6,317,530 | $ | 6,432,686 | 123343 | ||||
| 8400 | 764626 | State Fairgrounds Police Force | $ | 830,769 | $ | 849,883 | 123344 | ||||
| 8400 | 769632 | Homeland Security - Operating | $ | 1,552,049 | $ | 1,614,131 | 123345 | ||||
| 8410 | 764603 | Salvage and Exchange - Highway Patrol | $ | 1,339,399 | $ | 1,339,399 | 123346 | ||||
| 8440 | 761613 | Seat Belt Education Program | $ | 400,000 | $ | 400,000 | 123347 | ||||
| 8460 | 761625 | Motorcycle Safety Education | $ | 3,324,987 | $ | 3,538,903 | 123348 | ||||
| 8490 | 762627 | Automated Title Processing Board | $ | 19,240,839 | $ | 19,240,839 | 123349 | ||||
| TOTAL HSF State Highway Safety Fund Group | $ | 520,633,559 | $ | 522,404,799 | 123350 | ||||||
| General Services Fund Group | 123351 |
| 4P60 | 768601 | Justice Program Services | $ | 1,070,962 | $ | 1,109,004 | 123352 | ||||
| 4S30 | 766661 | Hilltop Utility Reimbursement | $ | 520,000 | $ | 540,800 | 123353 | ||||
| 5ET0 | 768625 | Drug Law Enforcement | $ | 4,200,000 | $ | 4,200,000 | 123354 | ||||
| 5Y10 | 764695 | Highway Patrol Continuing Professional Training | $ | 280,820 | $ | 280,820 | 123355 | ||||
| 5Y10 | 767696 | Investigative Unit Continuing Professional Training | $ | 15,000 | $ | 15,000 | 123356 | ||||
| TOTAL GSF General Services Fund Group | $ | 6,086,782 | $ | 6,145,624 | 123357 | ||||||
| Federal Special Revenue Fund Group | 123358 |
| 3290 | 763645 | Federal Mitigation Program | $ | 10,801,636 | $ | 11,233,702 | 123359 | ||||
| 3370 | 763609 | Federal Disaster Relief | $ | 27,707,636 | $ | 27,707,636 | 123360 | ||||
| 3390 | 763647 | Emergency Management Assistance and Training | $ | 84,031,935 | $ | 84,072,023 | 123361 | ||||
| 3AY0 | 768606 | Federal Justice Grants | $ | 1,020,000 | $ | 745,000 | 123362 | ||||
| 3CB0 | 768691 | Federal Justice Grants - FFY06 | $ | 920,000 | $ | 795,000 | 123363 | ||||
| 3CC0 | 768609 | Justice Assistance Grants - FFY07 | $ | 1,450,000 | $ | 1,215,000 | 123364 | ||||
| 3DE0 | 768612 | Federal Stimulus - Justice Assistance Grants | $ | 36,146,492 | $ | 1,902,447 | 123365 | ||||
| 3DH0 | 768613 | Federal Stimulus - Justice Programs | $ | 4,404,597 | $ | 200,000 | 123366 | ||||
| 3L50 | 768604 | Justice Program | $ | 12,056,300 | $ | 12,056,300 | 123367 | ||||
| 3N50 | 763644 | U.S. Department of Energy Agreement | $ | 31,358 | $ | 31,672 | 123368 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | $ | 123369 | ||||||||
| State Special Revenue Fund Group | 123370 |
| 4V30 | 763662 | EMA Service and Reimbursement | $ | 4,474,751 | $ | 4,653,743 | 123371 | ||||
| 5390 | 762614 | Motor Vehicle Dealers Board | $ | 200,000 | $ | 200,000 | 123372 | ||||
| 5B90 | 766632 | Private Investigator and Security Guard Provider | $ | 1,341,478 | $ | 1,395,137 | 123373 | ||||
| 5BK0 | 768687 | Criminal Justice Services - Operating | $ | 400,000 | $ | 400,000 | 123374 | ||||
| 5BK0 | 768689 | Family Violence Shelter Programs | $ | 750,000 | $ | 750,000 | 123375 | ||||
| 5CM0 | 767691 | Federal Investigative Seizure | $ | 642,175 | $ | 642,175 | 123376 | ||||
| 5DS0 | 769630 | Homeland Security | $ | 517,350 | $ | 538,044 | 123377 | ||||
| 5FF0 | 762621 | Indigent Interlock and Alcohol Monitoring | $ | 1,600,000 | $ | 2,750,000 | 123378 | ||||
| 5FL0 | 769634 | Investigations | $ | 1,172,080 | $ | 1,195,522 | 123379 | ||||
| 6220 | 767615 | Investigative Contraband and Forfeiture | $ | 375,000 | $ | 375,000 | 123380 | ||||
| 6570 | 763652 | Utility Radiological Safety | $ | 1,413,889 | $ | 1,415,945 | 123381 | ||||
| 6810 | 763653 | SARA Title III HAZMAT Planning | $ | 254,794 | $ | 262,438 | 123382 | ||||
| 8500 | 767628 | Investigative Unit Salvage | $ | 100,000 | $ | 100,000 | 123383 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 13,241,517 | $ | 14,678,004 | 123384 | ||||||
| Liquor Control Fund Group | 123385 |
| 7043 | 767321 | Liquor Enforcement - Operating | $ | 12,007,894 | $ | 11,897,178 | 123386 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 12,007,894 | $ | 11,897,178 | 123387 | ||||||
| Agency Fund Group | 123388 |
| 5J90 | 761678 | Federal Salvage/GSA | $ | 1,500,000 | $ | 1,500,000 | 123389 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,500,000 | $ | 1,500,000 | 123390 | ||||||
| Holding Account Redistribution Fund Group | 123391 |
| R024 | 762619 | Unidentified Motor Vehicle Receipts | $ | 1,885,000 | $ | 1,885,000 | 123392 | ||||
| R052 | 762623 | Security Deposits | $ | 350,000 | $ | 350,000 | 123393 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 2,235,000 | $ | 2,235,000 | 123394 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 123395 | ||||||||
| MOTOR VEHICLE REGISTRATION | 123396 |
| The Registrar of Motor Vehicles may deposit revenues to meet | 123397 |
| the cash needs of the State Bureau of Motor Vehicles Fund (Fund | 123398 |
| 4W40) established in section 4501.25 of the Revised Code, obtained | 123399 |
| under sections 4503.02 and 4504.02 of the Revised Code, less all | 123400 |
| other available cash. Revenue deposited pursuant to this paragraph | 123401 |
| shall support, in part, appropriations for operating expenses and | 123402 |
| defray the cost of manufacturing and distributing license plates | 123403 |
| and license plate stickers and enforcing the law relative to the | 123404 |
| operation and registration of motor vehicles. Notwithstanding | 123405 |
| section 4501.03 of the Revised Code, the revenues shall be paid | 123406 |
| into Fund 4W40 before any revenues obtained pursuant to sections | 123407 |
| 4503.02 and 4504.02 of the Revised Code are paid into any other | 123408 |
| fund. The deposit of revenues to meet the aforementioned cash | 123409 |
| needs shall be in approximately equal amounts on a monthly basis | 123410 |
| or as otherwise determined by the Director of Budget and | 123411 |
| Management pursuant to a plan submitted by the Registrar of Motor | 123412 |
| Vehicles. | 123413 |
| CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND | 123414 |
| Notwithstanding any provision of law to the contrary, on July | 123415 |
| 1, 2009, or as soon as possible thereafter, the Director of Budget | 123416 |
| and Management may transfer, from the Bureau of Motor Vehicles | 123417 |
| Fund (Fund 4W40), cash in the amounts of up to $635,293 to the | 123418 |
| Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the | 123419 |
| EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060 | 123420 |
| to the Investigations Fund (Fund 5FL0). | 123421 |
| Notwithstanding any provision to the contrary, the Director | 123422 |
| of Budget and Management may make additional cash transfers in | 123423 |
| fiscal years 2010 and 2011 from the Bureau of Motor Vehicles Fund | 123424 |
| (Fund 4W40) to any of the following five funds if the Director of | 123425 |
| Public Safety determines that the cash balance is insufficient in | 123426 |
| those funds and requests the Director to make the transfer: the | 123427 |
| Justice Program Services Fund (Fund 4P60), the EMA Service and | 123428 |
| Reimbursement Fund (Fund 4V30), the Investigations Fund (Fund | 123429 |
| 5FL0), the Homeland Security Fund (Fund 5DS0), and the Trauma and | 123430 |
| Emergency Medical Services Fund (Fund 83M0). | 123431 |
| CAPITAL PROJECTS | 123432 |
| The Registrar of Motor Vehicles may transfer cash from the | 123433 |
| State Bureau of Motor Vehicles Fund (Fund 4W40) to the State | 123434 |
| Highway Safety Fund (Fund 7036) to meet its obligations for | 123435 |
| capital projects CIR-047, Department of Public Safety Office | 123436 |
| Building and CIR-049, Warehouse Facility. | 123437 |
| OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS | 123438 |
| The foregoing appropriation item 761401, Lease Rental | 123439 |
| Payments, shall be used for payments to the Ohio Building | 123440 |
| Authority for the period July 1, 2009, to June 30, 2011, under the | 123441 |
| primary leases and agreements for public safety related buildings | 123442 |
| financed by obligations issued under Chapter 152. of the Revised | 123443 |
| Code. Notwithstanding section 152.24 of the Revised Code, the Ohio | 123444 |
| Building Authority may, with approval of the Director of Budget | 123445 |
| and Management, lease capital facilities to the Department of | 123446 |
| Public Safety. | 123447 |
| HILLTOP TRANSFER | 123448 |
| The Director of Public Safety shall determine, per an | 123449 |
| agreement with the Director of Transportation, the share of each | 123450 |
| debt service payment made out of appropriation item 761401, Lease | 123451 |
| Rental Payments, that relates to the Department of | 123452 |
| Transportation's portion of the Hilltop Building Project, and | 123453 |
| shall certify to the Director of Budget and Management the amounts | 123454 |
| of this share. The Director of Budget and Management shall | 123455 |
| transfer the amounts of such shares from the Highway Operating | 123456 |
| Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036). | 123457 |
| CASH TRANSFERS OF SEAT BELT FINE REVENUES | 123458 |
| Notwithstanding any provision of law to the contrary, the | 123459 |
| Controlling Board, upon request of the Director of Public Safety, | 123460 |
| may approve the transfer of cash between the following four funds | 123461 |
| that receive fine revenues from enforcement of the mandatory seat | 123462 |
| belt law: the Trauma and Emergency Medical Services Fund (Fund | 123463 |
| 83M0), the Elementary School Program Fund (Fund 83N0), the Trauma | 123464 |
| and Emergency Medical Services Grants Fund (Fund 83P0), and the | 123465 |
| Seat Belt Education Fund (Fund 8440). | 123466 |
| STATE DISASTER RELIEF | 123467 |
| The State Disaster Relief Fund (Fund 5330) may accept | 123468 |
| transfers of cash and appropriations from Controlling Board | 123469 |
| appropriation items for Ohio Emergency Management Agency disaster | 123470 |
| response costs and disaster program management costs, and may | 123471 |
| also be used for the following purposes: | 123472 |
| (A) To accept transfers of cash and appropriations from | 123473 |
| Controlling Board appropriation items for Ohio Emergency | 123474 |
| Management Agency public assistance and mitigation program match | 123475 |
| costs to reimburse eligible local governments and private | 123476 |
| nonprofit organizations for costs related to disasters; | 123477 |
| (B) To accept and transfer cash to reimburse the costs | 123478 |
| associated with Emergency Management Assistance Compact (EMAC) | 123479 |
| deployments; | 123480 |
| (C) To accept disaster related reimbursement from federal, | 123481 |
| state, and local governments. The Director of Budget and | 123482 |
| Management may transfer cash from reimbursements received by this | 123483 |
| fund to other funds of the state from which transfers were | 123484 |
| originally approved by the Controlling Board. | 123485 |
| (D) To accept transfers of cash and appropriations from | 123486 |
| Controlling Board appropriation items to fund the State Disaster | 123487 |
| Relief Program, for disasters that have been declared by the | 123488 |
| Governor, and the State Individual Assistance Program for | 123489 |
| disasters that have been declared by the Governor and the federal | 123490 |
| Small Business Administration. The Ohio Emergency Management | 123491 |
| Agency shall publish and make available application packets | 123492 |
| outlining procedures for the State Disaster Relief Program and the | 123493 |
| State Individual Assistance Program. | 123494 |
| JUSTICE ASSISTANCE GRANT FUND | 123495 |
| The federal payments made to the state for the Byrne Justice | 123496 |
| Assistance Grants Program under Title II of Division A of the | 123497 |
| American Recovery and Reinvestment Act of 2009 shall be deposited | 123498 |
| to the credit of the Justice Assistance Grant Fund (Fund 3DE0), | 123499 |
| which is hereby created in the state treasury. All investment | 123500 |
| earnings of the fund shall be credited to the fund. | 123501 |
| JUSTICE ASSISTANCE GRANTS | 123502 |
| The foregoing appropriation | 123503 |
| Stimulus - Justice Assistance Grants, and 768613, Federal | 123504 |
| Stimulus - Justice Programs, shall be used to support activities | 123505 |
| to prevent and control crime and to improve the criminal justice | 123506 |
| system. | 123507 |
| FAMILY VIOLENCE PREVENTION FUND | 123508 |
| Notwithstanding any provision of law to the contrary, in | 123509 |
| each of fiscal years 2010 and 2011, the first $750,000 received | 123510 |
| to the credit of the Family Violence Prevention Fund (Fund 5BK0) | 123511 |
| in each of those fiscal years shall be appropriated to | 123512 |
| appropriation item 768689, Family Violence Shelter Programs, and | 123513 |
| the next $400,000 received to the credit of Fund 5BK0 in each of | 123514 |
| those fiscal years shall be appropriated to appropriation item | 123515 |
| 768687, Criminal Justice Services - Operating. Any moneys | 123516 |
| received to the credit of Fund 5BK0 in excess of the | 123517 |
| aforementioned appropriated amounts in each fiscal year shall, | 123518 |
| upon the approval of the Controlling Board, be used to provide | 123519 |
| grants to family violence shelters in Ohio. | 123520 |
| SARA TITLE III HAZMAT PLANNING | 123521 |
| The SARA Title III HAZMAT Planning Fund (Fund 6810) is | 123522 |
| entitled to receive grant funds from the Emergency Response | 123523 |
| Commission to implement the Emergency Management Agency's | 123524 |
| responsibilities under Chapter 3750. of the Revised Code. | 123525 |
| COLLECTIVE BARGAINING INCREASES | 123526 |
| Notwithstanding division (D) of section 127.14 and division | 123527 |
| (B) of section 131.35 of the Revised Code, except for the General | 123528 |
| Revenue Fund, the Controlling Board may, upon the request of | 123529 |
| either the Director of Budget and Management, or the Department of | 123530 |
| Public Safety with the approval of the Director of Budget and | 123531 |
| Management, increase appropriations for any fund, as necessary for | 123532 |
| the Department of Public Safety, to assist in paying the costs of | 123533 |
| increases in employee compensation that have occurred pursuant to | 123534 |
| collective bargaining agreements under Chapter 4117. of the | 123535 |
| Revised Code and, for exempt employees, under section 124.152 of | 123536 |
| the Revised Code. | 123537 |
| CASH BALANCE FUND REVIEW | 123538 |
| Not later than the first day of April in each fiscal year of | 123539 |
| the biennium, the Director of Budget and Management shall review | 123540 |
| the cash balances for each fund, except the State Highway Safety | 123541 |
| Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund | 123542 |
| 4W40), in the State Highway Safety Fund Group, and shall | 123543 |
| recommend to the Controlling Board an amount to be transferred | 123544 |
| to the credit of Fund 7036 or Fund 4W40, as appropriate. | 123545 |
| Sec. 309.10. The federal payments made to the state for | 123546 |
| the Weatherization Assistance Program and the State Energy Grant | 123547 |
| Program under Title IV of Division A of the American Recovery | 123548 |
| and Reinvestment Act of 2009, and for the Homelessness Prevention | 123549 |
| Fund under Title XII of Division A of the American Recovery and | 123550 |
| Reinvestment Act of 2009, shall be deposited to the credit of | 123551 |
| the Federal Special Revenue Fund (Fund 3080). | 123552 |
| The federal payments made to the state for the Energy Star | 123553 |
| Rebate Program under the American Recovery and Reinvestment Act | 123554 |
| of 2009 shall be deposited to the credit of the Energy Star | 123555 |
| Rebate Program Fund (Fund 3DA0), which is hereby created in the | 123556 |
| state treasury. | 123557 |
| The federal payments made to the state for the Energy | 123558 |
| Efficiency and Conservation Block Grants Program under Title IV of | 123559 |
| Division A of the American Recovery and Reinvestment Act of 2009 | 123560 |
| shall be deposited to the credit of the Energy Efficiency and | 123561 |
| Conservation Block Grants Fund (Fund 3DB0), which is hereby | 123562 |
| created in the state treasury. | 123563 |
| The federal payments made to the state for the Community | 123564 |
| Development Block Grant program under Title XII of Division A of | 123565 |
| the American Recovery and Reinvestment Act of 2009 shall be | 123566 |
| deposited to the credit of the Community Development Block Grant | 123567 |
| Fund (Fund 3K80). | 123568 |
| The federal payments made to the state for community | 123569 |
| services block grants under Title XII of Division A of the | 123570 |
| American Recovery and Reinvestment Act of 2009 shall be deposited | 123571 |
| to the credit of the Community Services Block Grant Fund (Fund | 123572 |
| 3L00). | 123573 |
| The federal payments made to the state for the Home | 123574 |
| Investment Partnerships Program under Title XII of Division A of | 123575 |
| the American Recovery and Reinvestment Act of 2009 shall be | 123576 |
| deposited to the credit of the HOME Program Fund (Fund 3V10). | 123577 |
| The items in this division are appropriated as designated | 123578 |
| out of any moneys in the state treasury to the credit of their | 123579 |
| respective funds that are not otherwise appropriated. | 123580 |
| Appropriations |
| 123581 | |
| Federal Special Revenue Fund Group | 123582 |
| 3080 | 195603 | Housing and Urban Development | $ | 0 | $ | 26,205,724 | 123583 | ||||
| 3080 | 195605 | Federal Projects | $ | 0 | $ | 266,781,409 | 123584 | ||||
| 3080 | 195618 | Energy Federal Grants | $ | 0 | $ | 96,083,000 | 123585 | ||||
| 3DA0 | 195632 | Federal Stimulus - Energy Star Rebate Program | $ | 0 | $ | 11,000,000 | 123586 | ||||
| 3DB0 | 195642 | Federal Stimulus - Energy Efficiency and Conservation Block Grants | $ | 0 | $ | 21,000,000 | 123587 | ||||
| 3K80 | 195613 | Community Development Block Grant | $ | 0 | $ | 12,957,527 | 123588 | ||||
| 3L00 | 195612 | Community Services Block Grant | $ | 0 | $ | 38,979,000 | 123589 | ||||
| 3V10 | 195601 | HOME Program | $ | 0 | $ | 83,484,547 | 123590 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 556,491,207 | 123591 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 556,491,207 | 123592 | ||||||
| The foregoing appropriation item 195605, Federal Projects, | 123593 |
| shall be used to carry out the Home Weatherization Assistance | 123594 |
| Program, subject to any requirements of the American Recovery and | 123595 |
| Reinvestment Act of 2009 that apply to the money appropriated. | 123596 |
| The foregoing appropriation items 195603, Housing and Urban | 123597 |
| Development, 195618, Energy Federal Grants, 195613, Community | 123598 |
| Development Block Grant, 195612, Community Services Block Grant, | 123599 |
| 195601, HOME Program, 195632, Federal Stimulus - Energy Star | 123600 |
| Rebate Program, and 195642, Federal Stimulus - Energy Efficiency | 123601 |
| and Conservation Block Grants, shall be used in accordance with | 123602 |
| the requirements of the American Recovery and Reinvestment Act of | 123603 |
| 2009 that apply to the money appropriated. | 123604 |
| Sec. 317.10. (A) | 123605 |
| 123606 | |
| 123607 | |
| 123608 | |
| 123609 |
| | 123610 |
| Supplemental Nutrition Program under Title VIII of Division A of | 123611 |
| the American Recovery and Reinvestment Act of 2009 shall be | 123612 |
| deposited to the credit of the Women, Infants, and Children Fund | 123613 |
| (Fund 3890). | 123614 |
| | 123615 |
| Infants and Children Program under Title VIII of Division A of the | 123616 |
| American Recovery and Reinvestment Act of 2009 shall be deposited | 123617 |
| to the credit of the General Operations Fund (Fund 3920). | 123618 |
| | 123619 |
| designated out of any moneys in the state treasury to the credit | 123620 |
| of their respective funds that are not otherwise appropriated. | 123621 |
| Appropriations |
| 123622 | |
| Federal Special Revenue Fund Group | 123623 |
| 3890 | 440604 | Women, Infants, and Children | $ | 0 | $ | 2,000,000 | 123624 | ||||
| 3920 | 440618 | Federal Public Health Programs | $ | 0 | $ | 14,410,000 | 123625 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 16,410,000 | 123626 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 16,410,000 | 123627 | ||||||
| The foregoing appropriation items 440604, Women, Infants, | 123628 |
| and Children, and 440618, Federal Public Health Programs, shall be | 123629 |
| used in accordance with the requirements of the American | 123630 |
| Recovery and Reinvestment Act of 2009 that apply to the money | 123631 |
| appropriated. | 123632 |
| Sec. 321.10. The federal payments made to the state for | 123633 |
| the Vocational Rehabilitation Program under Title VIII of | 123634 |
| Division A of the American Recovery and Reinvestment Act of 2009 | 123635 |
| shall be deposited to the credit of the Consolidated Federal Fund | 123636 |
| (Fund 3790). | 123637 |
| The federal payments made to the state for the Independent | 123638 |
| Living Program under Title VIII of Division A of the American | 123639 |
| Recovery and Reinvestment Act of 2009 shall be deposited to the | 123640 |
| credit of the Independent Living/Vocational Rehabilitation Fund | 123641 |
| (Fund 3L40). | 123642 |
| The items in this section are appropriated as designated | 123643 |
| out of any moneys in the state treasury to the credit of their | 123644 |
| respective funds that are not otherwise appropriated. | 123645 |
| Appropriations |
| 123646 | |
| Federal Special Revenue Fund Group | 123647 |
| 3790 | 415616 | Federal - Vocational Rehabilitation | $ | 0 | $ | 21,590,000 | 123648 | ||||
| 3L40 | 415612 | Federal Independent Living Centers or Services | $ | 0 | $ | 123649 | |||||
| 3L40 | 415617 | Independent Living/Vocational Rehabilitation Programs | $ | 0 | $ | 1,392,958 | 123650 | ||||
| 4680 | 415618 | Third Party Funding | $ | 0 | $ | 245,816 | 123651 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 123652 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 123653 | |||||||
| The foregoing appropriation items 415616, Federal – | 123654 |
| Vocational Rehabilitation, 415612, Federal Independent Living | 123655 |
| Centers or Services, and 415617, Independent Living/Vocational | 123656 |
| Rehabilitation Programs, shall be used in accordance with the | 123657 |
| requirements of the American Recovery and Reinvestment Act of 2009 | 123658 |
| that apply to the money appropriated. | 123659 |
| Sec. 325.20. Expenditures from appropriations made in | 123660 |
| 123661 | |
| though made in Am. Sub. H.B. 67 of the 127th General Assembly. | 123662 |
| However, law contained in the relevant operating | 123663 |
| appropriations act that is generally applicable to the | 123664 |
| appropriations made in that act also is generally applicable to | 123665 |
|
the appropriations made in | 123666 |
| 123667 |
| Sec. 327.10. The unexpended, unencumbered portions of the | 123668 |
| appropriation items made in Sections 303.10, 305.10, 307.10, | 123669 |
|
309.10, 311.10, 313.10, 317.10,
318.10, 319.10, 321.10, | 123670 |
| and 325.10 of Am. Sub. H.B. 2 of the 128th General Assembly at | 123671 |
| the end of fiscal year 2009 are hereby reappropriated for the | 123672 |
| same purposes for fiscal year 2010. | 123673 |
| Section 601.11. That existing Sections 205.10, 309.10, | 123674 |
| 317.10, 321.10, 325.20, and 327.10 of Am. Sub. H.B. 2 of the | 123675 |
| 128th General Assembly are hereby repealed. | 123676 |
| Section 610.10. That Sections 103.80.80, 103.80.90, and | 123677 |
| 301.10.50 of H.B. 496 of the 127th General Assembly be amended to | 123678 |
| read as follows: | 123679 |
| Reappropriations |
| Sec. 103.80.80. OSB SCHOOL FOR THE BLIND | 123680 |
| C22606 | Glass Windows/East Wall of Natatorium | $ | 63,726 | 123681 | |||
| C22607 | Renovation of Science Laboratory Greenhouse | $ | 58,850 | 123682 | |||
| C22608 | Renovating Recreation Area | $ | 213,900 | 123683 | |||
| C22609 | New Classrooms for Secondary MH Program | $ | 996,164 | 123684 | |||
| C22610 | Renovation of Student Health Service Area | $ | 144,375 | 123685 | |||
| C22611 | Replacement of Cottage Windows | $ | 208,725 | 123686 | |||
| C22612 | Residential Renovations | $ | 123687 | ||||
| C22613 | Food Preparation Area Air Conditioning | $ | 67,250 | 123688 | |||
| C22614 | New School Lighting | $ | 184,500 | 123689 | |||
| C22616 | Renovation and Repairs | $ | 890,000 | 123690 | |||
| C22617 | Elevator Replacement | $ | 110,000 | 123691 | |||
| Total Ohio School for the Blind | $ | 123692 | |||||
| RESIDENTIAL RENOVATIONS | 123693 |
| The amount reappropriated for the foregoing appropriation | 123694 |
| item C22612, Residential Renovations, is the unencumbered and | 123695 |
| unallotted balance as of June 30, 2008, in appropriation item | 123696 |
| C22612, Residential Renovations, plus $34,606. | 123697 |
| Reappropriations |
| Sec. 103.80.90. OSD SCHOOL FOR THE DEAF | 123698 |
| C22103 | Dormitory Renovations | $ | 2,833 | 123699 | |||
| C22104 | Boilers, Blowers, and Controls for the School Complex | $ | 47,360 | 123700 | |||
| C22105 | Central Warehouse | $ | 676,624 | 123701 | |||
| C22106 | Storage Barn | $ | 123702 | ||||
| C22107 | Renovation and Repairs | $ | 1,000,000 | 123703 | |||
| Total Ohio School for the Deaf | $ | 123704 | |||||
| TOTAL Administrative Building Fund | $ | 123705 | |||||
| STORAGE BARN | 123706 |
| The amount reappropriated for the foregoing appropriation | 123707 |
| item C22106, Storage Barn, is the unencumbered and unallotted | 123708 |
| balance as of June 30, 2008, in appropriation item C22106, Storage | 123709 |
| Barn, plus $53,429. | 123710 |
| Sec. 301.10.50. THIRD FRONTIER PROJECT | 123711 |
| The foregoing appropriation item C23506, Third Frontier | 123712 |
| Project, shall be used to acquire, renovate, or construct | 123713 |
| facilities and purchase equipment for research programs, | 123714 |
| technology development, product development, and | 123715 |
| commercialization programs at or involving state-supported and | 123716 |
| state-assisted institutions of higher education. The funds shall | 123717 |
| be used to make grants awarded on a competitive basis, and shall | 123718 |
| be administered by the Third Frontier Commission. Expenditure of | 123719 |
| these funds shall comply with Section 2n of Article VIII, Ohio | 123720 |
| Constitution, and sections 151.01 and 151.04 of the Revised Code | 123721 |
| for the period beginning July 1, 2008, and ending June 30, 2010. | 123722 |
| Of the foregoing appropriation item C23506, Third Frontier | 123723 |
| Project, an amount equal to the unexpended, unencumbered portion | 123724 |
| at the end of fiscal year 2008 that was allocated for the | 123725 |
| implementation of the NextGen Network, shall be used for the same | 123726 |
| purpose in fiscal year 2009 and fiscal year 2010. | 123727 |
| The Third Frontier Commission shall develop guidelines | 123728 |
| relative to the application for and selection of projects funded | 123729 |
| from appropriation item C23506, Third Frontier Project. The | 123730 |
| commission may develop these guidelines in consultation with other | 123731 |
| interested parties. The Board of Regents and all state-assisted | 123732 |
| and state-supported institutions of higher education shall take | 123733 |
| all actions necessary to implement grants awarded by the Third | 123734 |
| Frontier Commission. | 123735 |
| The foregoing appropriation item C23506, Third Frontier | 123736 |
| Project, for which an appropriation is made from the Higher | 123737 |
| Education Improvement Fund (Fund 7034), is determined to consist | 123738 |
| of capital improvements and capital facilities for | 123739 |
| state-supported and state-assisted institutions of higher | 123740 |
| education, and is designated for the capital facilities to which | 123741 |
| proceeds of obligations in the Higher Education Improvement Fund | 123742 |
| (Fund 7034) are to be applied. | 123743 |
| Section 610.11. That existing Sections 103.80.80, 103.80.90, | 123744 |
| and 301.10.50 of H.B. 496 of the 127th General Assembly are | 123745 |
| hereby repealed. | 123746 |
| Section 610.20. That Section 11 of Am. Sub. H.B. 554 of the | 123747 |
| 127th General Assembly be amended to read as follows: | 123748 |
| Sec. 11. (A) All items set forth in this division are hereby | 123749 |
| appropriated out of any moneys in the state treasury, for the | 123750 |
| biennium ending on June 30, 2010, to the credit of the Advanced | 123751 |
| Energy Research and Development Taxable Fund (Fund 7004) that are | 123752 |
| not otherwise appropriated: | 123753 |
| 123754 | |
| C89800 | Advanced Energy |
$ | 123755 | ||||
| Total Air Quality Development Authority | $ | 123756 | |||||
| TOTAL Advanced Energy Research and Development Taxable Fund | $ | 123757 | |||||
| 123758 | |||||||
| (B) All items set forth in this division are hereby | 123759 |
| appropriated out of any moneys in the state treasury, for the | 123760 |
| biennium ending on June 30, 2010, to the credit of the Advanced | 123761 |
| Energy Research and Development Fund (Fund 7005) that are not | 123762 |
| otherwise appropriated: | 123763 |
| 123764 | |
| C89801 | Advanced Energy |
$ | 123765 | ||||
| Total Air Quality Development Authority | $ | 123766 | |||||
| TOTAL Advanced Energy Research and Development Fund | $ | 123767 | |||||
| 123768 | |||||||
| (C) The foregoing appropriation items C89800, Advanced Energy | 123769 |
| 123770 | |
| 123771 | |
| projects in the manner provided in sections 3706.25 to 3706.30 | 123772 |
| of the Revised Code. The Executive Director of the Air Quality | 123773 |
| Development Authority may certify to the Director of Budget and | 123774 |
| Management that a need exists to appropriate investment | 123775 |
| earnings of funds 7004 and 7005 to be so used. If the Director | 123776 |
| of Budget and Management, pursuant to sections 3706.25 to | 123777 |
| 3706.30 of the Revised Code, determines that investment | 123778 |
| earnings are available to support additional appropriations, | 123779 |
| such amounts are hereby appropriated. | 123780 |
| (D) Upon the request of the Executive Director of the Air | 123781 |
| Quality Development Authority, the Director of Budget and | 123782 |
| Management may transfer cash between funds 7004 and 7005. Amounts | 123783 |
| transferred are hereby appropriated. | 123784 |
| (E) Expenditures from appropriations contained in this | 123785 |
| section may be accounted as though made in the main capital | 123786 |
| appropriations act of the FY 2009-FY 2010 biennium of the 127th | 123787 |
| General Assembly. The appropriations made in this section are | 123788 |
| subject to all provisions of the FY 2009-FY 2010 biennial capital | 123789 |
| appropriations act of the 127th General Assembly that are | 123790 |
| generally applicable to such appropriations. | 123791 |
| Section 610.21. That existing Section 11 of Am. Sub. H.B. 554 | 123792 |
| of the 127th General Assembly is hereby repealed. | 123793 |
| Section 610.30. That Sections 233.40.30, 233.50.80, and | 123794 |
| 701.20 of Am. Sub. H.B. 562 of the 127th General Assembly be | 123795 |
| amended to read as follows: | 123796 |
| Appropriations |
| Sec. 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE | 123797 |
| C38400 | Basic Renovations | $ | 1,691,834 | 123798 | |||
| C38411 | Columbus Hall Renovation | $ | 5,470,913 | 123799 | |||
| C38412 | Painters Apprenticeship Council | $ | 500,000 | 123800 | |||
| C38413 | Jewish Community Center NE Initiative | $ | 575,000 | 123801 | |||
| C38414 | Somali Community Center | $ | 100,000 | 123802 | |||
| C38415 | Building E | $ | 1,200,000 | 123803 | |||
| Total Columbus State Community College | $ | 123804 | |||||
| Appropriations |
| Sec. 233.50.80. STC STARK TECHNICAL COLLEGE | 123806 |
| C38900 | Basic Renovations | $ | 786,333 | 123807 | |||
| C38913 | Business Technologies Building | $ | 2,034,537 | 123808 | |||
| C38914 | Corporate and Community Services Facility | $ | 500,000 | 123809 | |||
| Total Stark Technical College | $ | 3,320,870 | 123810 | ||||
| Total Board of Regents and | 123811 | ||||||
| Institutions of Higher Education | $ | 123812 | |||||
| TOTAL Higher Education Improvement Fund | $ | |
123813 | ||||
| Sec. 701.20. (A) The Ohio Commission on Local Government | 123815 |
| Reform and Collaboration shall develop recommendations on ways | 123816 |
| to increase the efficiency and effectiveness of local government | 123817 |
| operations, to achieve cost savings for taxpayers, and to | 123818 |
| facilitate economic development in this state. In developing the | 123819 |
| recommendations, the commission shall consider, but is not | 123820 |
| limited to, the following: | 123821 |
| (1) Restructuring and streamlining local government offices | 123822 |
| to achieve efficiencies and cost savings for taxpayers and to | 123823 |
| facilitate local economic development; | 123824 |
| (2) Restructuring and streamlining special taxing districts | 123825 |
| and local government authorities authorized by the constitution | 123826 |
| or the laws of this state to levy a tax of any kind or to have a | 123827 |
| tax of any kind levied on its behalf, and of local government | 123828 |
| units, including schools and libraries, to reduce overhead and | 123829 |
| administrative expenses; | 123830 |
| (3) Restructuring, streamlining, and finding ways to | 123831 |
| collaborate on the delivery of services, functions, or | 123832 |
| authorities of local government to achieve cost savings for | 123833 |
| taxpayers; | 123834 |
| (4) Examining the relationship of services provided by the | 123835 |
| state to services provided by local government and the possible | 123836 |
| realignment of state and local services to increase efficiency and | 123837 |
|
improve accountability; | 123838 |
| (5) Ways of reforming or restructuring constitutional, | 123839 |
| statutory, and administrative laws to facilitate collaboration | 123840 |
| for local economic development, to increase the efficiency and | 123841 |
| effectiveness of local government operations, to identify | 123842 |
| duplication of services, and to achieve costs savings for | 123843 |
| taxpayers; | 123844 |
| (6) Making annual financial reporting across local | 123845 |
| governments consistent for ease of comparison; and | 123846 |
| (7) Aligning regional planning units across state agencies. | 123847 |
| (B)(1) There is hereby created the Ohio Commission on Local | 123848 |
| Government Reform and Collaboration, consisting of fifteen voting | 123849 |
| members. The President of the Senate shall appoint three members, | 123850 |
| one of whom may be a person who is recommended by the Minority | 123851 |
| Leader of the Senate. The Speaker of the House of Representatives | 123852 |
| shall appoint three members, one of whom may be a person who is | 123853 |
| recommended by the Minority Leader of the House of | 123854 |
| Representatives. The Governor shall appoint three members. One | 123855 |
| member shall be appointed by, and shall represent, each of the | 123856 |
| following organizations: the Ohio Municipal League, the Ohio | 123857 |
| Township Association, the Ohio School Boards Association, the | 123858 |
| County Commissioners' Association of Ohio, the Ohio Library | 123859 |
| Council, and the Ohio Association of Regional Councils. The | 123860 |
| initial appointments shall be made not later than ninety days | 123861 |
| after the effective date of this section. Vacancies shall be | 123862 |
| filled in the manner provided for original appointments. | 123863 |
| Members are not entitled to compensation for their services. | 123864 |
| (2) The initial meeting of the commission shall be called by | 123865 |
| the Governor within forty-five days after the initial appointments | 123866 |
| to the commission are complete. The commission shall elect two of | 123867 |
| its members to serve as co-chairpersons of the commission. | 123868 |
| (C) The commission may create an advisory council consisting | 123869 |
| of interested parties representing taxing authorities and | 123870 |
| political subdivisions that are not taxing authorities. The | 123871 |
| appointment of members to the advisory council is a matter of the | 123872 |
| commission's discretion. The commission may direct the advisory | 123873 |
| council to provide relevant information to the commission. | 123874 |
| Advisory council members are not members of the commission, and | 123875 |
| may not vote on commission business. | 123876 |
| (D) The commission may consult with and obtain assistance | 123877 |
| from state institutions of higher education (as defined in section | 123878 |
| 3345.011 of the Revised Code) and from business organizations for | 123879 |
| research and data gathering related to its mission. State | 123880 |
| institutions of higher education and business organizations shall | 123881 |
| cooperate with the commission. | 123882 |
| (E) The commission shall issue a report of its findings and | 123883 |
| recommendations to the President of the Senate, the Speaker of the | 123884 |
| House of Representatives, and the Governor not later than July 1, | 123885 |
| 2010. The commission ceases to exist upon submitting its report. | 123886 |
| Section 610.31. That existing Sections 233.40.30, 233.50.80, | 123887 |
| and 701.20 of Am. Sub. H.B. 562 of the 127th General Assembly are | 123888 |
| hereby repealed. | 123889 |
| Section 620.10. That Section 831.06 of Am. Sub. H.B. 530 of | 123890 |
| the 126th General Assembly be amended to read as follows: | 123891 |
| Sec. 831.06. The amendments by this act of the first | 123892 |
| paragraph of division (F) of section 5751.01, of division | 123893 |
| (F)(2)(w) of section 5751.01, of the first paragraph of section | 123894 |
| 123895 | |
| 5751.032 of the Revised Code are nonsubstantive corrections of | 123896 |
| errors in Chapter 5751. of the Revised Code. | 123897 |
| Section 620.11. That existing Section 831.06 of Am. Sub. H.B. | 123898 |
| 530 of the 126th General Assembly is hereby repealed. | 123899 |
| Section 630.10. That Section 4 of Am. Sub. H.B. 516 of the | 123900 |
| 125th General Assembly, as most recently amended by Am. Sub. H.B. | 123901 |
| 100 of the 127th General Assembly, be amended to read as follows: | 123902 |
| Sec. 4. The following agencies shall be retained pursuant to | 123903 |
| division (D) of section 101.83 of the Revised Code and shall | 123904 |
| expire on December 31, 2010: | 123905 |
| REVISED CODE OR | 123906 | ||||
| UNCODIFIED | 123907 | ||||
| AGENCY NAME | SECTION | 123908 |
| Administrator, Interstate Compact on Mental Health | 5119.50 | 123909 | ||
| Administrator, Interstate Compact on | 5103.20 | 123910 | ||
| Placement of Children | 123911 | |||
| Advisory Board of Governor's Office of Faith-Based and Community Initiatives | 107.12 | 123912 | ||
| Advisory Boards to the EPA for Air Pollution | 121.13 | 123913 | ||
| Advisory Boards to the EPA for Water Pollution | 121.13 | 123914 | ||
| Advisory Committee of the State Veterinary Medical Licensing Board | 4741.03(D)(3) | 123915 | ||
| Advisory Committee on Livestock Exhibitions | 901.71 | 123916 | ||
| Advisory Council on Amusement Ride Safety | 1711.51 | 123917 | ||
| Advisory Board of Directors for Prison Labor | 5145.162 | 123918 | ||
| Advisory Council for Each Wild, Scenic, or Recreational River Area | 1517.18 | 123919 | ||
| Advisory Councils or Boards for State Departments | 107.18 or 121.13 | 123920 | ||
| Advisory Group to the Ohio Water Resources Council | 1521.19(C) | 123921 | ||
| Alzheimer's Disease Task Force | 173.04(F) | 123922 | ||
| AMBER Alert Advisory Committee | 5502.521 | 123923 | ||
| Apprenticeship Council | 4139.02 | 123924 | ||
| Armory Board of Control | 5911.09 | 123925 | ||
| Automated Title Processing Board | 4505.09(C)(1) | 123926 | ||
| Banking Commission | 1123.01 | 123927 | ||
| Board of Directors of the Ohio Health Reinsurance Program | 3924.08 | 123928 | ||
| Board of Voting Machine Examiners | 3506.05(B) | 123929 | ||
| Brain Injury Advisory Committee | 3304.231 | 123930 | ||
| Capitol Square Review and Advisory Board | 105.41 | 123931 | ||
| Child Support Guideline Advisory Council | 3119.024 | 123932 | ||
| Children's Trust Fund Board | 3109.15 | 123933 | ||
| Citizens Advisory Committee (BMV) | 4501.025 | 123934 | ||
| Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities) | 5123.092 | 123935 | ||
| Clean Ohio Trail Advisory Board | 1519.06 | 123936 | ||
| Coastal Resources Advisory Council | 1506.12 | 123937 | ||
| Commission on African-American Males | 4112.12 | 123938 | ||
| Commission on Hispanic-Latino Affairs | 121.31 | 123939 | ||
| Commission on Minority Health | 3701.78 | 123940 | ||
| Committee on Prescriptive Governance | 4723.49 | 123941 | ||
| Commodity Advisory Commission | 926.32 | 123942 | ||
| 123943 | ||||
| Community Oversight Council | 3311.77 | 123944 | ||
| Compassionate Care Task Force | Section 3, H.B. 474, 124th GA | 123945 | ||
| Continuing Education Committee (for Sheriffs) | 109.80 | 123946 | ||
| Coordinating Committee, Agricultural Commodity Marketing Programs | 924.14 | 123947 | ||
| Council on Alcohol and Drug Addiction Services | 3793.09 | 123948 | ||
| Council on Unreclaimed Strip Mined Lands | 1513.29 | 123949 | ||
| 123950 | ||||
| County Sheriffs' Standard Car-Marking and Uniform Commission | 311.25 | 123951 | ||
| Credit Union Council | 1733.329 | 123952 | ||
| Criminal Sentencing Advisory Committee | 181.22 | 123953 | ||
| Day-Care Advisory Council | 5104.08 | 123954 | ||
| Dentist Loan Repayment Advisory Board | 3702.92 | 123955 | ||
| Development Financing Advisory Council | 122.40 | 123956 | ||
| Education Commission of the States (Interstate Compact for Education) | 3301.48 | 123957 | ||
| Electrical Safety Inspector Advisory Committee | 3783.08 | 123958 | ||
| Emergency Response Commission | 3750.02 | 123959 | ||
| Engineering Experiment Station Advisory Committee | 3335.27 | 123960 | ||
| Environmental Education Council | 3745.21 | 123961 | ||
| EPA Advisory Boards or Councils | 121.13 | 123962 | ||
| Farmland Preservation Advisory Board | 901.23 | 123963 | ||
| Financial Planning & Supervision Commission for Municipal Corporation, County, or Township | 118.05 | 123964 | ||
| Financial Planning & Supervision Commission for School District | 3316.05 | 123965 | ||
| Forestry Advisory Council | 1503.40 | 123966 | ||
| Governance Authority for a State University or College | 3345.75 | 123967 | ||
| 123968 | ||||
| Governor's Council on People with Disabilities | 3303.41 | 123969 | ||
| Governor's Residence Advisory Commission | 107.40 | 123970 | ||
| Great Lakes Commission (Great Lakes Basin Compact) | 6161.01 | 123971 | ||
| Gubernatorial Transition Committee | 107.29 | 123972 | ||
| Head Start Partnership Study Council | Section 41.35, H.B. 95, 125th GA | 123973 | ||
| Hemophilia Advisory Subcommittee | 3701.0210 | 123974 | ||
| Housing Trust Fund Advisory Committee | 123975 | |||
| Industrial Commission Nominating Council | 4121.04 | 123976 | ||
| Industrial Technology and Enterprise Advisory Council | 122.29 | 123977 | ||
| Infant Hearing Screening Subcommittee | 3701.507 | 123978 | ||
| Insurance Agent Education Advisory Council | 3905.483 | 123979 | ||
| Interagency Council on Hispanic/Latino Affairs | 121.32(J) | 123980 | ||
| Interstate Mining Commission (Interstate Mining Compact) | 1514.30 | 123981 | ||
| Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) | 4981.35 | 123982 | ||
| Joint Council on MR/DD | 101.37 | 123983 | ||
| Joint Select Committee on Volume Cap | 133.021 | 123984 | ||
| Labor-Management Government Advisory Council | 4121.70 | 123985 | ||
| Legal Rights Service Commission | 5123.60 | 123986 | ||
| Legislative Task Force on Redistricting, Reapportionment, and Demographic Research | 103.51 | 123987 | ||
| Maternal and Child Health Council | 3701.025 | 123988 | ||
| Medically Handicapped Children's Medical Advisory Council | 3701.025 | 123989 | ||
| Midwest Interstate Passenger Rail Compact Commission (Ohio members) | 4981.361 | 123990 | ||
| Military Activation Task Force | 5902.15 | 123991 | ||
| Milk Sanitation Board | 917.03 | 123992 | ||
| Mine Subsidence Insurance Governing Board | 3929.51 | 123993 | ||
| Minority Development Financing Board | 122.72 | 123994 | ||
| Multi-Agency Radio Communications Systems Steering Committee | Sec. 21, H.B. 790, 120th GA | 123995 | ||
| Multidisciplinary Council | 3746.03 | 123996 | ||
| Muskingum River Advisory Council | 1501.25 | 123997 | ||
| National Museum of Afro-American History and Culture Planning Committee | 149.303 | 123998 | ||
| Ohio Advisory Council for the Aging | 173.03 | 123999 | ||
| Ohio Aerospace & Defense Advisory Council | 122.98 | 124000 | ||
| Ohio Arts Council | 3379.02 | 124001 | ||
| Ohio Business Gateway Steering Committee | 5703.57 | 124002 | ||
| Ohio Cemetery Dispute Resolution Commission | 4767.05 | 124003 | ||
| Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils | 4112.04(B) | 124004 | ||
| Ohio Commercial Insurance Joint Underwriting Association Board Of Governors | 3930.03 | 124005 | ||
| Ohio Commercial Market Assistance Plan Executive Committee | 3930.02 | 124006 | ||
| Ohio Commission on Dispute Resolution and Conflict Management | 179.02 | 124007 | ||
| Ohio Commission to Reform Medicaid | Section 59.29, H.B. 95, 125th GA | 124008 | ||
| Ohio Community Service Council | 121.40 | 124009 | ||
| Ohio Council for Interstate Adult Offender Supervision | 5149.22 | 124010 | ||
| Ohio Cultural Facilities Commission | 3383.02 | 124011 | ||
| Ohio Developmental Disabilities Council | 5123.35 | 124012 | ||
| Ohio Expositions Commission | 991.02 | 124013 | ||
| Ohio Family and Children First Cabinet Council | 121.37 | 124014 | ||
| Ohio Geology Advisory Council | 1505.11 | 124015 | ||
| Ohio Grape Industries Committee | 924.51 | 124016 | ||
| Ohio Hepatitis C Advisory Commission | 3701.92 | 124017 | ||
| Ohio Historic Site Preservation Advisory Board | 149.301 | 124018 | ||
| Ohio Historical Society Board of Trustees | 149.30 | 124019 | ||
| Ohio Judicial Conference | 105.91 | 124020 | ||
| Ohio Lake Erie Commission | 1506.21 | 124021 | ||
| Ohio Medical Malpractice Commission | Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA | 124022 | ||
| Ohio Medical Quality Foundation | 3701.89 | 124023 | ||
| Ohio Parks and Recreation Council | 1541.40 | 124024 | ||
| Ohio Peace Officer Training Commission | 109.71 | 124025 | ||
| Ohio Public Defender Commission | 120.01 | 124026 | ||
| Ohio Public Library Information Network Board | Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA | 124027 | ||
| Ohio Quarter Horse Development Commission | 3769.086 | 124028 | ||
| Ohio Small Government Capital Improvements Commission | 164.02 | 124029 | ||
| Ohio Soil and Water Conservation Commission | 1515.02 | 124030 | ||
| Ohio Standardbred Development Commission | 3769.085 | 124031 | ||
| Ohio Steel Industry Advisory Council | 122.97 | 124032 | ||
| 124033 | ||||
| Ohio Thoroughbred Racing Advisory Committee | 3769.084 | 124034 | ||
| Ohio Tuition Trust Authority | 3334.03 | 124035 | ||
| Ohio University College of Osteopathic Medicine Advisory Committee | 3337.10 | 124036 | ||
| Ohio Vendors Representative Committee | 3304.34 | 124037 | ||
| Ohio War Orphans Scholarship Board | 5910.02 | 124038 | ||
| Ohio Water Advisory Council | 1521.031 | 124039 | ||
| Ohio Water Resources Council | 1521.19 | 124040 | ||
| Ohioana Library Association, Martha Kinney Cooper Memorial | 3375.62 | 124041 | ||
| Oil and Gas Commission | 1509.35 | 124042 | ||
| Operating Committee, Agricultural Commodity Marketing Programs | 924.07 | 124043 | ||
| Organized Crime Investigations Commission | 177.01 | 124044 | ||
| Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services | 124045 | |||
| Physician Loan Repayment Advisory Board | 3702.81 | 124046 | ||
| Power Siting Board | 4906.02 | 124047 | ||
| Prequalification Review Board | 5525.07 | 124048 | ||
| Private Water Systems Advisory Council | 3701.346 | 124049 | ||
| Public Employment Risk Reduction Advisory Commission | 4167.02 | 124050 | ||
| Public Health Council | 3701.33 | 124051 | ||
| Public Utilities Commission Nominating Council | 4901.021 | 124052 | ||
| Public Utility Property Tax Study Committee | 5727.85 | 124053 | ||
| Radiation Advisory Council | 3748.20 | 124054 | ||
| Reclamation Commission | 1513.05 | 124055 | ||
| Recreation and Resources Commission | 1501.04 | 124056 | ||
| Recycling and Litter Prevention Advisory Council | 1502.04 | 124057 | ||
| Rehabilitation Services Commission Consumer Advisory Committee | 3304.24 | 124058 | ||
| Savings & Loans Associations & Savings Banks Board | 1181.16 | 124059 | ||
| Schools and Ministerial Lands Divestiture Committee | 501.041 | 124060 | ||
| Second Chance Trust Fund Advisory Committee | 2108.17 | 124061 | ||
| Small Business Stationary Source Technical and Environmental Compliance Assistance Council | 3704.19 | 124062 | ||
| Solid Waste Management Advisory Council | 3734.51 | 124063 | ||
| State Agency Coordinating Group | 1521.19 | 124064 | ||
| State Board of Emergency Medical Services Subcommittees | 4765.04 | 124065 | ||
| State Council of Uniform State Laws | 105.21 | 124066 | ||
| State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities | 4115.32 | 124067 | ||
| State Criminal Sentencing Commission | 181.21 | 124068 | ||
| State Fire Commission | 3737.81 | 124069 | ||
| State Racing Commission | 3769.02 | 124070 | ||
| State Victims Assistance Advisory Committee | 109.91 | 124071 | ||
| Student Tuition Recovery Authority | 3332.081 | 124072 | ||
| Tax Credit Authority | 122.17 | 124073 | ||
| Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office | 1551.35 | 124074 | ||
| Technical Advisory Council on Oil and Gas | 1509.38 | 124075 | ||
| Transportation Review Advisory Council | 5512.07 | 124076 | ||
| Unemployment Compensation Review Commission | 4141.06 | 124077 | ||
| Unemployment Compensation Advisory Council | 4141.08 | 124078 | ||
| Utility Radiological Safety Board | 4937.02 | 124079 | ||
| Vehicle Management Commission | 125.833 | 124080 | ||
| Veterans Advisory Committee | 5902.02(K) | 124081 | ||
| Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) | 146.02 | 124082 | ||
| Water and Sewer Commission | 1525.11(C) | 124083 | ||
| Waterways Safety Council | 1547.73 | 124084 | ||
| Wildlife Council | 1531.03 | 124085 | ||
| Workers' Compensation Board of Directors Nominating Committee | 4121.123 | 124086 |
| Section 630.11. That existing Section 4 of Am. Sub. H.B. 516 | 124087 |
| of the 125th General Assembly, as most recently amended by Am. | 124088 |
| Sub. H.B. 100 of the 127th General Assembly, is hereby repealed. | 124089 |
| Section 640.10. That Section 153 of Am. Sub. H.B. 117 of the | 124090 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 124091 |
| 119 of the 127th General Assembly, be amended to read as follows: | 124092 |
| Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05, | 124093 |
| 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18, | 124094 |
| 5112.19, 5112.21, and 5112.99 of the Revised Code are hereby | 124095 |
|
repealed, effective
October 16, | 124096 |
| (B) Any money remaining in the Legislative Budget Services | 124097 |
|
Fund
on
October 16, | 124098 |
| the Revised Code is repealed by division (A) of this section, | 124099 |
| shall be used solely for the purposes stated in then former | 124100 |
| section 5112.19 of the Revised Code. When all money in the | 124101 |
| Legislative Budget Services Fund has been spent after then former | 124102 |
| section 5112.19 of the Revised Code is repealed under division (A) | 124103 |
| of this section, the fund shall cease to exist. | 124104 |
| Section 640.11. That existing Section 153 of Am. Sub. H.B. | 124105 |
| 117 of the 121st General Assembly, as most recently amended by | 124106 |
| Am. Sub. H.B. 119 of the 127th General Assembly, is hereby | 124107 |
| repealed. | 124108 |
| Section 690.10. That Section 325.05 of Am. Sub. H.B. 2 of the | 124109 |
| 128th General Assembly is hereby repealed. | 124110 |
| Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES | 124111 |
| (A) As used in this section, "appointing authority" has the | 124112 |
| same meaning as in section 124.01 of the Revised Code, and | 124113 |
| "exempt employee" has the same meaning as in section 124.152 of | 124114 |
| the Revised Code. | 124115 |
| (B) Notwithstanding section 124.181 of the Revised Code, both | 124116 |
| of the following apply: | 124117 |
| (1) In cases where no vacancy exists, an appointing authority | 124118 |
| may, with the written consent of an exempt employee, assign duties | 124119 |
| of a higher classification to that exempt employee for a period of | 124120 |
| time not to exceed two years, and that exempt employee shall | 124121 |
| receive compensation at a rate commensurate with the duties of the | 124122 |
| higher classification. | 124123 |
| (2) If necessary, exempt employees who are assigned to duties | 124124 |
| within their agency to maintain operations during the Ohio | 124125 |
| Administrative Knowledge System (OAKS) implementation may agree to | 124126 |
| a temporary assignment that exceeds the two-year limit. | 124127 |
| Section 701.20. FINANCIAL PLANNING AND SUPERVISION | 124128 |
| COMMISSIONS | 124129 |
| For any Financial Planning and Supervision Commission | 124130 |
| established prior to the effective date of the amendment of | 124131 |
| section 118.05 of the Revised Code by the Main Operating | 124132 |
| Appropriations Act of the 128th General Assembly, four members | 124133 |
| constitute a quorum and the affirmative vote of four members is | 124134 |
| necessary for any action taken by vote of the commission. | 124135 |
| Section 701.30. SCIENCE AND TECHNOLOGY COLLABORATION | 124136 |
| The Department of Development, the Board of Regents, the Air | 124137 |
| Quality Development Authority, the Department of Agriculture, and | 124138 |
| the Third Frontier Commission shall collaborate in relation to | 124139 |
| appropriation items and programs referred to as Technology-based | 124140 |
| Economic Development Programs in this section, and other | 124141 |
| technology-related appropriations and programs in the Department | 124142 |
| of Development, Air Quality Development Authority, Department of | 124143 |
| Agriculture, and the Board of Regents as these agencies may | 124144 |
| designate, to ensure implementation of a coherent state science | 124145 |
| and technology strategy. | 124146 |
| To the extent permitted by law, the Air Quality Development | 124147 |
| Authority shall assure that coal research and development | 124148 |
| programs, proposals, and projects consider or incorporate | 124149 |
| collaborations with Third Frontier Project programs and grantees | 124150 |
| and with Technology-based Economic Development Programs and | 124151 |
| grantees. | 124152 |
| "Technology-based Economic Development Programs" means | 124153 |
| appropriation items 195401, Thomas Edison Program; 898402, Coal | 124154 |
| Development Office; 195422, Technology Action; 898604, Coal | 124155 |
| Research and Development Fund; 235433, Economic Growth Challenge; | 124156 |
| 235508, Air Force Institute of Technology; 235510, Ohio | 124157 |
| Supercomputer Center; 235535, Ohio Agricultural Research and | 124158 |
| Development Center; 235556, Ohio Academic Resources Network; | 124159 |
| 195435, Biomedical Research and Technology Transfer; 195687, | 124160 |
| Third Frontier Research & Development Projects; C23506, Third | 124161 |
| Frontier Project; 195692, Research & Development Taxable Bond | 124162 |
| Projects; 195694, Jobs Fund Bioproducts; 195695, Jobs Fund | 124163 |
| Biomedical; and tax credits supporting the Ohio Venture Capital | 124164 |
| Authority and Technology Investment Tax Credit programs. | 124165 |
| Technology-based Economic Development Programs shall be | 124166 |
| managed and administered in accordance with the following | 124167 |
| objectives: (1) to build on existing competitive research | 124168 |
| strengths; (2) to encourage new and emerging discoveries and | 124169 |
| commercialization of products and ideas that will benefit the Ohio | 124170 |
| economy; and (3) to assure improved collaboration among programs | 124171 |
| administered by the Third Frontier Commission and with other | 124172 |
| state programs that are intended to improve economic growth and | 124173 |
| job creation. As directed by the Third Frontier Commission, | 124174 |
| Technology-based Economic Development Program managers shall | 124175 |
| report to the Commission or the Third Frontier Advisory Board | 124176 |
| regarding the contributions of their programs to achieving these | 124177 |
| objectives. | 124178 |
| Each Technology-based Economic Development Program shall be | 124179 |
| reviewed annually by the Third Frontier Commission with respect | 124180 |
| to its development of complementary relationships within a | 124181 |
| combined state science and technology investment portfolio, and | 124182 |
| with respect to its overall contribution to the state's science | 124183 |
| and technology strategy, including the adoption of appropriately | 124184 |
| consistent criteria for: (1) the scientific and technical merit | 124185 |
| and relationship to Ohio's research strengths of activities | 124186 |
| supported by the program; (2) the relevance of the program's | 124187 |
| activities to commercial opportunities in the private sector; (3) | 124188 |
| the private sector's involvement in a process that continually | 124189 |
| evaluates commercial opportunities to use the work supported by | 124190 |
| the program; and (4) the ability of the program and recipients of | 124191 |
| grant funding from the program to engage in activities that are | 124192 |
| collaborative, complementary, and efficient in the expenditure of | 124193 |
| state funds. Each Technology-based Economic Development Program | 124194 |
| shall provide an annual report to the Third Frontier Commission | 124195 |
| that discusses existing, planned, or possible collaborations | 124196 |
| between programs and between recipients of grant funding related | 124197 |
| to technology, development, commercialization, and the support of | 124198 |
| Ohio's economic development. The annual review conducted by the | 124199 |
| Third Frontier Commission shall be a comprehensive review of the | 124200 |
| entire state science and technology program portfolio rather than | 124201 |
| a review of individual programs. | 124202 |
| Applicants for Third Frontier and Technology-based Economic | 124203 |
| Development Programs funding shall identify their requirements | 124204 |
| for high-performance computing facilities and services, including | 124205 |
| both hardware and software, in all proposals. If an applicant's | 124206 |
| requirements exceed approximately $100,000 for a proposal, the | 124207 |
| Ohio Supercomputer Center shall convene a panel of experts. The | 124208 |
| panel shall review the proposal to determine whether the | 124209 |
| proposal's requirements can be met through Ohio Supercomputer | 124210 |
| Center facilities or through other means and report such | 124211 |
| information to the Third Frontier Commission. | 124212 |
| To ensure that the state receives the maximum benefit from | 124213 |
| its investment in the Third Frontier Project and the NextGen | 124214 |
| Network, organizations receiving Third Frontier awards and | 124215 |
| Technology-based Economic Development Programs awards shall, as | 124216 |
| appropriate, be expected to have a connection to the NextGen | 124217 |
| Network that enables them and their collaborators to achieve | 124218 |
| award objectives through the NextGen Network. | 124219 |
| Section 701.40. The General Assembly intends that all funds | 124220 |
| appropriated or otherwise made available by the state for fiscal | 124221 |
| stabilization or recovery purposes, or by the American Recovery | 124222 |
| and Reinvestment Act of 2009, shall be used, to the extent | 124223 |
| possible, in accordance with the preferences established in | 124224 |
| section 125.09 of the Revised Code to purchase products made and | 124225 |
| services performed in the United States and in this state. The | 124226 |
| General Assembly further recognizes that a preference for buying | 124227 |
| goods and materials that are produced, and services that are | 124228 |
| performed, in the United States for projects is important for | 124229 |
| maximizing the creation of American jobs and restoring economic | 124230 |
| growth and opportunity. | 124231 |
| If any person requests or obtains a waiver of the preferences | 124232 |
| referred to in the first paragraph of this section, the Director | 124233 |
| of Administrative Services shall publish information identifying | 124234 |
| the person and the product or service with regard to which the | 124235 |
| waiver was requested or obtained. The purpose of publishing this | 124236 |
| identifying information is to enhance opportunities for producers, | 124237 |
| service providers, and workers to identify and provide products | 124238 |
| made and services performed in the United States and this state, | 124239 |
| and thereby to maximize the success of the fiscal stabilization | 124240 |
| and economic recovery program. The director shall publish the | 124241 |
| identifying information on an internet web site maintained by the | 124242 |
| Department of Administrative Services. | 124243 |
| Section 701.50. If a state agency, including a state | 124244 |
| university as defined in section 3345.011 of the Revised Code and | 124245 |
| the Ohio Housing Finance Agency, the Third Frontier Commission, | 124246 |
| the Clean Ohio Council, and the Ohio School Facilities | 124247 |
| Commission, has failed to comply with the set-aside requirement | 124248 |
| in division (B) of section 125.081 of the Revised Code, or to | 124249 |
| comply with the procurement goals specified under division (B)(2) | 124250 |
| or (14) of section 123.152 of the Revised Code, the state agency | 124251 |
| shall establish, not later than December 31, 2009, a long-term | 124252 |
| plan for complying with those provisions. | 124253 |
| Section 701.60. As soon as possible after this section takes | 124254 |
| effect, the Speaker of the House of Representatives and the | 124255 |
| President of the Senate shall make or remake appointments of ex | 124256 |
| officio members to the Commission on Hispanic-Latino Affairs as | 124257 |
| may be necessary to bring the ex officio membership of the | 124258 |
| commission into conformity with the amendments by this act to | 124259 |
| section 121.31 of the Revised Code. | 124260 |
| Section 701.70. It is the intent of the General Assembly | 124261 |
| that the Superintendent of Financial Institutions take any action | 124262 |
| necessary to provide for an orderly transition for those persons | 124263 |
| who, on the effective date of this section, hold mortgage lender | 124264 |
| certificates of registration under sections 1321.51 to 1321.60 of | 124265 |
| the Revised Code, mortgage broker certificates of registration | 124266 |
| under sections 1322.01 to 1322.12 of the Revised Code, or loan | 124267 |
| officer licenses under sections 1322.01 to 1322.12 of the Revised | 124268 |
| Code, and for those persons who, on the effective date of this | 124269 |
| section, perform the functions or duties of loan originators, as | 124270 |
| specified in this act. | 124271 |
| Section 709.10. (A) There is hereby created in the | 124272 |
| Department of Agriculture the Ohio Beekeepers Task Force | 124273 |
| consisting of the following members: | 124274 |
| (1) Two members of the standing committee of the House of | 124275 |
| Representatives that is primarily responsible for considering | 124276 |
| agricultural matters appointed by the Governor, each from a | 124277 |
| different political party; | 124278 |
| (2) Two members of the standing committee of the Senate that | 124279 |
| is primarily responsible for considering agricultural matters | 124280 |
| appointed by the Governor, each from a different political party; | 124281 |
| (3) The Chief of the Division of Plant Industry in the | 124282 |
| Department of Agriculture or the Chief's designee; | 124283 |
| (4) The Director of Natural Resources or the Director's | 124284 |
| designee; | 124285 |
| (5) Two representatives of the Ohio State Beekeepers | 124286 |
| Association appointed by the Association; | 124287 |
| (6) The Director of The Ohio State University Extension or | 124288 |
| the Director's designee; | 124289 |
| (7) An apiculture specialist of The Ohio State University | 124290 |
| Extension appointed by the Director of The Ohio State University | 124291 |
| Extension; | 124292 |
| (8) The Chair of The Ohio State University Department of | 124293 |
| Entomology or the Chair's designee; | 124294 |
| (9) A representative of the Ohio Produce Growers and | 124295 |
| Marketing Association appointed by the Association; | 124296 |
| (10) A representative of the Ohio Farm Bureau Federation Bee | 124297 |
| and Honey Committee appointed by the Federation; | 124298 |
| (11) A representative of the Ohio Farmers Union appointed by | 124299 |
| the Union; | 124300 |
| (12) A representative of the County Commissioners Association | 124301 |
| of Ohio appointed by the Association. | 124302 |
| (B) The members shall be appointed not later than sixty days | 124303 |
| after the effective date of this section. The Task Force shall | 124304 |
| hold its first meeting not later than ninety days after the | 124305 |
| effective date of this section. | 124306 |
| (C) The Governor shall select a chairperson and | 124307 |
| vice-chairperson from among the members of the Task Force. The | 124308 |
| chairperson may appoint a secretary. | 124309 |
| (D) The members of the Task Force shall receive no | 124310 |
| compensation for their services. | 124311 |
| (E) Not later than ten months after the effective date of | 124312 |
| this section, the Ohio Beekeepers Task Force shall submit a report | 124313 |
| to the Governor, the President of the Senate, the Speaker of the | 124314 |
| House of Representatives, and the Ohio State Beekeepers | 124315 |
| Association. The report shall do all of the following: | 124316 |
| (1) Provide an overview of the characteristics of the | 124317 |
| honeybee crisis in Ohio; | 124318 |
| (2) Examine and provide an overview of and conclusions | 124319 |
| regarding whether pollinator shortages are affecting crop | 124320 |
| pollination in Ohio; | 124321 |
| (3) Review and provide an overview of the Ohio Honeybee | 124322 |
| Emergency Action Plan; | 124323 |
| (4) Review and provide a summary of the federal initiatives | 124324 |
| regarding Ohio's bee population and of all of the Department of | 124325 |
| Agriculture's and the Ohio State Beekeepers Association's | 124326 |
| programs concerning Ohio's bee population; | 124327 |
| (5) Provide an overview of the five-year goals of the | 124328 |
| Department of Agriculture concerning honeybees, including | 124329 |
| recommendations for the restoration of Ohio's bee population; | 124330 |
| (6) Examine and describe the funding that is available for | 124331 |
| honeybee programs and issues affecting honeybees; | 124332 |
| (7) Any other issues that the Task Force considers | 124333 |
| appropriate. | 124334 |
| (F) Not later than ninety days following the submission of | 124335 |
| the report, the Task Force shall meet and respond to any question | 124336 |
| from a person who received the report. The Task Force shall cease | 124337 |
| to exist upon submitting its response to all questions from | 124338 |
| persons who received the report. | 124339 |
| Section 713.10. In accordance with section 1332.24 of the | 124340 |
| Revised Code, as amended by this act, the Director of Commerce may | 124341 |
| impose upon and collect an annual assessment on video service | 124342 |
| providers for fiscal year 2010. Notwithstanding the dates | 124343 |
| otherwise specified in that section, video service providers shall | 124344 |
| submit subscriber counts for the preceding calendar year not later | 124345 |
| than October 9, 2009; the Director shall send to each provider to | 124346 |
| be assessed written notice of its proportional amount of the total | 124347 |
| assessment by October 16, 2009; and the provider shall pay that | 124348 |
| amount not later than October 30, 2009. | 124349 |
| Section 721.10. (A) In Lorain County, all proceedings that | 124350 |
| are within the jurisdiction of the Probate Court under Chapter | 124351 |
| 2101. and other provisions of the Revised Code that are pending | 124352 |
| before a judge of the Domestic Relations Division of the Lorain | 124353 |
| County Court of Common Pleas on the effective date of this act | 124354 |
| shall remain with that judge of the Domestic Relations Division | 124355 |
| of the Lorain County Court of Common Pleas. All proceedings that | 124356 |
| are within the jurisdiction of the Domestic Relations Division of | 124357 |
| the Lorain County Court of Common Pleas under Chapter 2301. and | 124358 |
| other provisions of the Revised Code that are pending before the | 124359 |
| probate judge of the Lorain County Probate Court on September 29, | 124360 |
| 2009, shall remain with that probate judge of the Lorain County | 124361 |
| Probate Court. | 124362 |
| (B) The successors to the judge of the Lorain County Court of | 124363 |
| Common Pleas who was elected pursuant to section 2301.02 of the | 124364 |
| Revised Code in 2008 for a term that began on February 9, 2009, | 124365 |
| shall be elected in 2014 and thereafter pursuant to section | 124366 |
| 2101.02 of the Revised Code as judges of the probate division of | 124367 |
| the Lorain County Court of Common Pleas. | 124368 |
| Section 737.10. The Director of Budget and Management shall | 124369 |
| study the economic viability of tracks where permit holders | 124370 |
| conduct live horse racing. Not later than thirty days after the | 124371 |
| effective date of this section, the director shall prepare a | 124372 |
| report that includes the findings resulting from the study and | 124373 |
| that makes recommendations regarding ways to ensure the economic | 124374 |
| viability of tracks. The director shall transmit a copy of the | 124375 |
| report to the Governor, the Speaker of the House of | 124376 |
| Representatives, and the President of the Senate. | 124377 |
| Section 741.10. PAYROLL REDUCTION STRATEGIES | 124378 |
| Notwithstanding any other provision of law to the contrary, | 124379 |
| the Office of Collective Bargaining of the Department of | 124380 |
| Administrative Services is authorized to negotiate with the | 124381 |
| respective state collective bargaining units various payroll | 124382 |
| reduction strategies through the collective bargaining process | 124383 |
| prior to July 1, 2009, including, but not limited to, reductions | 124384 |
| in pay for fiscal years 2010 and 2011 and an increase in each | 124385 |
| state employee's share of dental, vision, and life insurance | 124386 |
| benefits for those fiscal years. If the Office successfully | 124387 |
| negotiates or reaches alternative payroll reduction strategies | 124388 |
| through the collective bargaining process, those payroll | 124389 |
| reduction strategies shall be implemented. The total amount of | 124390 |
| state employee payroll reduction strategy savings to be | 124391 |
| negotiated or implemented for each of those fiscal years shall be | 124392 |
| between $170,000,000 and $200,000,000, unless otherwise agreed to | 124393 |
| by the Office of Collective Bargaining and the Director of Budget | 124394 |
| and Management. The Director of Budget and Management is | 124395 |
| authorized to transfer cash from non-General Revenue Fund funds | 124396 |
| to the General Revenue Fund to carry out this section. | 124397 |
| Section 743.10. If a petition seeks the holding of an | 124398 |
| election on Sunday liquor sales on or after the effective date of | 124399 |
| this section under question (B)(1), (2), or (3) of section | 124400 |
| 4301.351 or 4301.354 of the Revised Code, under question (B)(2) of | 124401 |
| section 4301.355 of the Revised Code, or under section 4301.356 of | 124402 |
| the Revised Code and the petition contains signatures that were | 124403 |
| placed on it before the effective date of this section, the | 124404 |
| petition is not invalid merely because the question or questions | 124405 |
| sought to be submitted to the electors and contained in the | 124406 |
| petition state that Sunday liquor sales may commence beginning at | 124407 |
| 1 p.m. rather than 11 a.m. | 124408 |
| Section 743.11. (A) Notwithstanding division (A)(3) of | 124409 |
| section 4303.182 of the Revised Code, as amended by this act, the | 124410 |
| electors in a precinct in which the first hour of sale on Sunday | 124411 |
| was changed from one p.m. to eleven a.m. by operation of that | 124412 |
| division may petition to hold an election to revert that first | 124413 |
| hour of sale to one p.m. That election shall be held under the | 124414 |
| following conditions: | 124415 |
| (1) At the first general election that occurs after the | 124416 |
| effective date of this section unless that general election will | 124417 |
| be held less than one hundred thirty-five days after that date, in | 124418 |
| which case the election shall be held at the immediately following | 124419 |
| general election; | 124420 |
| (2) Under division (B)(1), (2), or (3) of section 4301.351 or | 124421 |
| 4301.354 of the Revised Code, under division (B)(2) of section | 124422 |
| 4301.355 of the Revised Code, or under section 4301.356 of the | 124423 |
| Revised Code, as applicable, except that the starting time for | 124424 |
| sales under the question shall be one p.m. rather than eleven | 124425 |
| a.m.; | 124426 |
| (3) In accordance with the applicable requirements and | 124427 |
| provisions governing elections that are held under those divisions | 124428 |
| or that section and that are established under Chapter 4301. of | 124429 |
| the Revised Code. | 124430 |
| (B) Not later than forty-five days after the effective date | 124431 |
| of this section, the Superintendent of Liquor Control shall | 124432 |
| publish notice of the provisions of division (A) of this section | 124433 |
| in a newspaper of general circulation in each county of the | 124434 |
| state. | 124435 |
| Section 745.10. For the time period beginning on the | 124436 |
| effective date of this section and ending June 30, 2010: | 124437 |
| (A) Notwithstanding division (N) of section 4517.01 of the | 124438 |
| Revised Code, "salesperson" shall include any person employed by a | 124439 |
| manufactured home broker to sell, display, and offer for sale, or | 124440 |
| deal in manufactured homes or mobile homes for a commission, | 124441 |
| compensation, or other valuable consideration, but does not | 124442 |
| include any public officer performing official duties. | 124443 |
| (B)(1) For purposes of section 4517.03 of the Revised Code, | 124444 |
| if a licensed new or used motor vehicle dealer also is a licensed | 124445 |
| manufactured home park operator, all of the following apply: | 124446 |
| (a) An established place of business that is located in the | 124447 |
| operator's manufactured home park and that is used for selling, | 124448 |
| leasing, and renting manufactured homes and mobile homes in that | 124449 |
| manufactured home park shall be considered as used exclusively for | 124450 |
| that purpose even though rent and other activities related to the | 124451 |
| operation of the manufactured home park take place at the same | 124452 |
| location or office. | 124453 |
| (b) The dealer's established place of business in the | 124454 |
| manufactured home park shall be staffed by someone licensed and | 124455 |
| regulated under Chapter 4517. of the Revised Code who could | 124456 |
| reasonably assist any retail customer with or without an | 124457 |
| appointment, but such established place of business shall not be | 124458 |
| required to satisfy office size, display lot size, and physical | 124459 |
| barrier requirements applicable to other used motor vehicle | 124460 |
| dealers. | 124461 |
| (c) The manufactured and mobile homes being offered for sale, | 124462 |
| lease, or rental by the dealer may be located on individual rental | 124463 |
| lots inside the operator's manufactured home park. | 124464 |
| (2) For purposes of section 4517.03 of the Revised Code, a | 124465 |
| place of business used for the brokering or sale of manufactured | 124466 |
| homes or mobile homes shall be considered as used exclusively for | 124467 |
| brokering, selling, displaying, offering for sale, or dealing in | 124468 |
| motor vehicles even though industrialized units, as defined by | 124469 |
| section 3781.06 of the Revised Code, are brokered, sold, | 124470 |
| displayed, offered for sale, or dealt at the same place of | 124471 |
| business. | 124472 |
| (C) Notwithstanding division (B) of section 4517.22 of the | 124473 |
| Revised Code, contracts may be signed, deposits taken, and sales | 124474 |
| consummated at a motor vehicle show at which the motor vehicles | 124475 |
| being displayed are new manufactured homes, as defined in division | 124476 |
| (C)(4) of section 3781.06 of the Revised Code. | 124477 |
| Section 745.20. Notwithstanding section 4781.16 of the | 124478 |
| Revised Code, any person licensed as a new motor vehicle dealer, | 124479 |
| used motor vehicle dealer, manufactured homes broker, or | 124480 |
| salesperson under Chapter 4517. of the Revised Code on June 30, | 124481 |
| 2010, may continue to engage in the business of displaying, | 124482 |
| selling at retail, or brokering manufactured homes or mobile | 124483 |
| homes under the authority of such license until the license | 124484 |
| expires or until the manufactured homes commission issues or | 124485 |
| denies the person a manufactured housing dealer's license, | 124486 |
| manufactured housing broker's license, or manufactured housing | 124487 |
| salesperson's license under Chapter 4781. of the Revised Code, | 124488 |
| whichever occurs earlier. | 124489 |
| Section 745.30. Effective July 1, 2010, the manufactured | 124490 |
| homes commission may suspend or revoke any existing new motor | 124491 |
| vehicle dealer, used motor vehicle dealer, manufactured homes | 124492 |
| broker, or salesperson license issued to a person engaged in the | 124493 |
| business of displaying, selling at retail, or brokering | 124494 |
| manufactured homes or mobile homes, and such action may be | 124495 |
| appealed under section 4781.25 of the Revised Code. | 124496 |
| Section 745.40. Effective July 1, 2010, nothing in sections | 124497 |
| 4517.01 to 4517.99 of the Revised Code shall be construed to apply | 124498 |
| to any of the following: | 124499 |
| (A) Manufactured homes as defined in division (C)(4) of | 124500 |
| section 3781.06 of the Revised Code; | 124501 |
| (B) Mobile homes as defined in division (O) of section | 124502 |
| 4501.01 of the Revised Code; or | 124503 |
| (C) Dealers, brokers or salespersons of manufactured homes or | 124504 |
| mobile homes. | 124505 |
| Section 749.10. (A) The Ohio General Assembly finds that the | 124506 |
| funding for infrastructure and personnel of 9-1-1 systems in Ohio | 124507 |
| is disparate in meeting state and local needs. In response to | 124508 |
| these findings, there is hereby created the 9-1-1 Funding and | 124509 |
| Modernization Task Force to review current funding models and to | 124510 |
| research, analyze, and recommend to the General Assembly and the | 124511 |
| Governor appropriate future funding models and modernization | 124512 |
| policies to improve the effectiveness of infrastructure and | 124513 |
| personnel of 9-1-1 systems in Ohio. | 124514 |
| (B) The Task Force shall consist of the following members, | 124515 |
| appointed not later than sixty days after the effective date of | 124516 |
| this section: | 124517 |
| (1) Three members of the Ohio House of Representatives, with | 124518 |
| two appointed by the Speaker of the House of Representatives from | 124519 |
| the majority party and one appointed by the Minority Leader of the | 124520 |
| House from the minority party; | 124521 |
| (2) Three members of the Ohio Senate, with two appointed by | 124522 |
| the President of the Senate from the majority party and one | 124523 |
| appointed by the Minority Leader of the Senate from the minority | 124524 |
| party; | 124525 |
| (3) The Chairperson of the Public Utilities Commission, or | 124526 |
| another commissioner appointed by the chairperson; | 124527 |
| (4) The Director of Public Safety; | 124528 |
| (5) One representative selected by the County Commissioners' | 124529 |
| Association of Ohio and appointed by the Governor; | 124530 |
| (6) One representative selected by the Ohio Municipal League | 124531 |
| and appointed by the Governor; | 124532 |
| (7) One representative selected by the Ohio Township | 124533 |
| Association and appointed by the Governor; | 124534 |
| (8) Two members of the public appointed by the Governor. | 124535 |
| (C) The Governor shall select a Task Force Chairperson and | 124536 |
| Vice-Chairperson from among its members. The Chairperson may | 124537 |
| appoint a Secretary. Task Force members shall serve without | 124538 |
| compensation. Vacancies shall be filled in the same manner as | 124539 |
| appointments. A majority of the members shall constitute a quorum. | 124540 |
| (D) The Task Force shall hold its inaugural meeting not later | 124541 |
| than ninety days after the effective date of this section. The | 124542 |
| Task Force shall meet at least once a month, either in person or | 124543 |
| utilizing telecommunication conferencing technology, until it | 124544 |
| completes the report required by this section. | 124545 |
| (E) Not later than ten months after the effective date of | 124546 |
| this section, the Task Force shall deliver a report to the Speaker | 124547 |
| of the House of Representatives, the President of the Senate, and | 124548 |
| the Governor. The Task Force shall coordinate with the Ohio 9-1-1 | 124549 |
| Council and the Wireless 9-1-1 Advisory Board in preparing the | 124550 |
| report. The report shall consist of the following: | 124551 |
| (1) An overview of the current state and local funding for | 124552 |
| 9-1-1 systems in Ohio and any existing modernization programs; | 124553 |
| (2) Information regarding differences in funding for the | 124554 |
| access of 9-1-1 systems in Ohio by persons using traditional | 124555 |
| wireline service as defined in section 4931.40 of the Revised | 124556 |
| Code, wireless telephone service, Voice over Internet Protocol | 124557 |
| technology, and any other major emerging telephone technology in | 124558 |
| common use, and an assessment of the parity of such funding; | 124559 |
| (3) A summary of reviewed federal initiatives related to | 124560 |
| 9-1-1 system funding and modernization; | 124561 |
| (4) A detailed analysis of the use of the funds disbursed by | 124562 |
| the state from the wireless 9-1-1 charge imposed pursuant to Am. | 124563 |
| Sub. H.B. 361 of the 125th General Assembly; | 124564 |
| (5) A detailed technical analysis of the current 9-1-1 | 124565 |
| services available in each county in Ohio, including the viability | 124566 |
| of consolidating adjacent 9-1-1 systems; | 124567 |
| (6) An analysis of the best practices of other states in | 124568 |
| 9-1-1 system funding and modernization; | 124569 |
| (7) Detailed recommendations for future state and local | 124570 |
| funding to achieve parity among technologies used to access 9-1-1 | 124571 |
| services and to provide, throughout Ohio, adequate infrastructure | 124572 |
| and personnel for the full implementation and operation of Phase | 124573 |
| II enhanced 9-1-1 service in accordance with 47 C.F.R. 20.18. | 124574 |
| (F) The Task Force shall cease to exist after delivering the | 124575 |
| report as required by this section. | 124576 |
| Section 751.10. MEDICAID COMMUNITY BEHAVIORAL HEALTH | 124577 |
| ELEVATION AND ADMINISTRATION ADVISORY GROUP | 124578 |
| (A) As used in this section: | 124579 |
| (1) "ADAMHS board" means all of the following: | 124580 |
| (a) Boards of alcohol, drug addiction, and mental health | 124581 |
| services; | 124582 |
| (b) Alcohol and drug addiction services boards; | 124583 |
| (c) Community mental health boards. | 124584 |
| (2) "Community behavioral health services" means both of the | 124585 |
| following: | 124586 |
| (a) Community mental health services certified by the | 124587 |
| Director of Mental Health under section 5119.611 of the Revised | 124588 |
| Code; | 124589 |
| (b) Services provided by an alcohol and drug addiction | 124590 |
| program certified by the Department of Alcohol and Drug Addiction | 124591 |
| Services under section 3793.06 of the Revised Code. | 124592 |
| (B) There is hereby created the Medicaid Community Behavioral | 124593 |
| Health Elevation and Administration Advisory Group. The Group | 124594 |
| shall consist of all of the following: | 124595 |
| (1) The Director of Mental Health or the Director's designee; | 124596 |
| (2) The Director of Alcohol and Drug Addiction Services or | 124597 |
| the Director's designee; | 124598 |
| (3) The Director of Job and Family Services or the Director's | 124599 |
| designee; | 124600 |
| (4) Subject to division (C) of this section, representatives | 124601 |
| of ADAMHS boards appointed by the co-chairpersons of the Group; | 124602 |
| (5) Subject to division (C) of this section, representatives | 124603 |
| of providers of community behavioral health services appointed by | 124604 |
| the co-chairpersons of the Group; | 124605 |
| (6) Subject to division (C) of this section, consumers of | 124606 |
| community behavioral health services and advocates of such | 124607 |
| consumers appointed by the co-chairpersons of the Group; | 124608 |
| (7) The following state policy makers: | 124609 |
| (a) At the option of the Speaker of the House of | 124610 |
| Representatives, up to two members of the House of Representatives | 124611 |
| from different political parties appointed by the Speaker; | 124612 |
| (b) At the option of the Senate President, up to two members | 124613 |
| of the Senate from different political parties appointed by the | 124614 |
| Senate President; | 124615 |
| (c) Other state policy makers deemed necessary and appointed | 124616 |
| by the co-chairpersons of the Group. | 124617 |
| (C) The Directors of Mental Health and Alcohol and Drug | 124618 |
| Addiction Services, or their designees, shall serve as | 124619 |
| co-chairpersons of the Medicaid Community Behavioral Health | 124620 |
| Elevation and Administration Advisory Group. The co-chairpersons | 124621 |
| shall determine the number of persons to be appointed under | 124622 |
| divisions (B)(4), (5), (6), and (7)(c) of this section. The | 124623 |
| co-chairpersons shall appoint the same number of persons under | 124624 |
| divisions (B)(4), (5), and (6) of this section so as to ensure | 124625 |
| balanced representation by the ADAMHS boards, providers, and | 124626 |
| consumers and consumer advocates. In making appointments under | 124627 |
| divisions (B)(4), (5), and (6) of this section, the | 124628 |
| co-chairpersons shall accept nominations from all of the | 124629 |
| following: | 124630 |
| (1) The Ohio Association of County Behavioral Health | 124631 |
| Authorities; | 124632 |
| (2) The National Alliance on Mental Illness Ohio; | 124633 |
| (3) The Ohio Council of Behavioral Health and Family Services | 124634 |
| Providers; | 124635 |
| (4) The Ohio Association of Child Caring Agencies; | 124636 |
| (5) The Ohio Citizens Advocates for Chemical Dependency | 124637 |
| Prevention and Treatment; | 124638 |
| (6) The Ohio Alliance for Recovery Providers; | 124639 |
| (7) The Ohio Federation for Children's Mental Health; | 124640 |
| (8) Other organizations that represent the interests of | 124641 |
| ADAMHS boards, providers, and consumers and consumer advocates. | 124642 |
| (D) Members of the Medicaid Community Behavioral Health | 124643 |
| Elevation and Administration Advisory Group shall serve without | 124644 |
| compensation, except to the extent that serving on the Group is | 124645 |
| considered part of their regular employment duties. The | 124646 |
| Departments of Mental Health and Alcohol and Drug Addiction | 124647 |
| Services jointly may reimburse members of the Group for their | 124648 |
| reasonable travel expenses. | 124649 |
| (E) The Medicaid Community Behavioral Health Elevation and | 124650 |
| Administration Advisory Group shall study the statewide | 124651 |
| administration and management of Medicaid-covered community | 124652 |
| behavioral health services. Not later than June 30, 2010, the | 124653 |
| Group shall submit a report regarding its study to the Governor | 124654 |
| and, in accordance with section 101.68 of the Revised Code, the | 124655 |
| General Assembly. The report shall include all of the following: | 124656 |
| (1) A plan for the uniform and statewide administration and | 124657 |
| management of Medicaid-covered community behavioral health | 124658 |
| services in accordance with federal requirements, including the | 124659 |
| applicable federal requirements of 42 C.F.R. Parts 431 and 433; | 124660 |
| (2) A fiscal analysis of the impact that any changes to the | 124661 |
| system of paying providers of Medicaid-covered community | 124662 |
| behavioral health services and related management functions would | 124663 |
| have on the Departments of Mental Health and Alcohol and Drug | 124664 |
| Addiction Services and ADAMHS boards. The fiscal analysis shall | 124665 |
| include an examination of funding options for any such changes | 124666 |
| and focus on creating the most efficient and effective payment | 124667 |
| system possible. | 124668 |
| (3) Recommendations for increasing efficiencies related to | 124669 |
| all of the following: | 124670 |
| (a) Submission of Medicaid claims for community behavioral | 124671 |
| health services; | 124672 |
| (b) The processing and payment of Medicaid claims for | 124673 |
| community behavorial health services; | 124674 |
| (c) Exchange of information regarding Medicaid-covered | 124675 |
| community behavioral health services and non-Medicaid-covered | 124676 |
| community behavioral health services. | 124677 |
| (4) Recommendations for system changes needed to implement | 124678 |
| the statewide administration and management of the | 124679 |
| Medicaid-covered community behavioral health services. Such | 124680 |
| recommendations shall focus on increasing efficiencies, | 124681 |
| transparency, and accountability in order to improve the | 124682 |
| delivery of community behavioral health services. | 124683 |
| (F) The Medicaid Community Behavioral Health Elevation and | 124684 |
| Administration Advisory Group shall cease to exist on submission | 124685 |
| of its report. | 124686 |
| (G)(1) Subject to division (G)(2) of this section and not | 124687 |
| later than July 1, 2011, the Departments of Mental Health and | 124688 |
| Alcohol and Drug Addiction Services shall implement changes to | 124689 |
| the administration and management of Medicaid-covered community | 124690 |
| behavioral health services in a manner that is uniform, | 124691 |
| statewide, and consistent with federal requirements. The changes | 124692 |
| shall include changes to the system of paying providers of | 124693 |
| Medicaid-covered community behavioral health services. In | 124694 |
| implementing the changes, the Departments may adopt, in whole or | 124695 |
| in part, the recommendations included in the Medicaid Community | 124696 |
| Behavioral Health Elevation and Administration Advisory Group's | 124697 |
| report. The Departments shall implement the changes under the | 124698 |
| supervision of the Department of Job and Family Services. | 124699 |
| (2) The Departments' implementation of changes to the | 124700 |
| administration of Medicaid-covered community behavioral health | 124701 |
| services under division (G)(1) of this section is subject to | 124702 |
| enactment or adoption of changes in state law, including state law | 124703 |
| regarding funding, that otherwise would conflict with the | 124704 |
| Departments' implementation of the changes. The Departments may | 124705 |
| take actions as part of the implementation of the changes as are | 124706 |
| consistent with state law. | 124707 |
| Section 751.13. STUDY REGARDING AMOUNT, DURATION, AND SCOPE | 124708 |
| OF COMMUNITY BEHAVIORAL HEALTH SERVICES | 124709 |
| (A) The Directors of Alcohol and Drug Addiction Services, | 124710 |
| Mental Health, and Job and Family Services shall convene a group | 124711 |
| consisting of representatives of all of the following: | 124712 |
| (1) Their departments; | 124713 |
| (2) Boards of alcohol, drug addiction, and mental health | 124714 |
| services; community mental health boards; and alcohol and drug | 124715 |
| addiction services boards; | 124716 |
| (3) Providers of community behavioral health services; | 124717 |
| (4) Consumers of community behavioral health services and | 124718 |
| advocates of such consumers. | 124719 |
| (B) Members of the group convened under this section shall | 124720 |
| serve without compensation, except to the extent that serving on | 124721 |
| the group is considered part of their regular employment duties. | 124722 |
| The group shall develop recommendations regarding the amount, | 124723 |
| duration, and scope of publicly funded community behavioral health | 124724 |
| services that should be available through Ohio's community | 124725 |
| behavioral health system, including recommendations regarding the | 124726 |
| conditions under which the services should be available. The group | 124727 |
| shall prepare a report with its recommendations. The group shall | 124728 |
| submit the report to the Governor and, in accordance with section | 124729 |
| 101.68 of the Revised Code, the General Assembly not later than | 124730 |
| June 30, 2011. The group shall cease to exist on submission of the | 124731 |
| report. | 124732 |
| Section 751.20. SERVICE COORDINATION WORKGROUP | 124733 |
| (A) There is hereby created the Service Coordination | 124734 |
| Workgroup. The Workgroup shall consist of a representative of each | 124735 |
| of the following: | 124736 |
| (1) The Office of the Governor, appointed by the Governor; | 124737 |
| (2) The Department of Alcohol and Drug Addiction Services, | 124738 |
| appointed by the Director of Alcohol and Drug Addiction Services; | 124739 |
| (3) The Department of Education, appointed by the | 124740 |
| Superintendent of Public Instruction; | 124741 |
| (4) The Department of Health, appointed by the Director of | 124742 |
| Health; | 124743 |
| (5) The Department of Job and Family Services, appointed by | 124744 |
| the Director of Job and Family Services; | 124745 |
| (6) The Department of Mental Health, appointed by the | 124746 |
| Director of Mental Health; | 124747 |
| (7) The Department of Mental Retardation and Developmental | 124748 |
| Disabilities, appointed by the Director of Mental Retardation and | 124749 |
| Developmental Disabilities; | 124750 |
| (8) The Department of Youth Services, appointed by the | 124751 |
| Director of Youth Services; | 124752 |
| (9) The Office of Budget and Management, appointed by the | 124753 |
| Director of Budget and Management; | 124754 |
| (10) The Family and Children First Cabinet Council, appointed | 124755 |
| by the chairperson of the Council. | 124756 |
| (B) The representative of the Office of the Governor shall | 124757 |
| serve as chairperson of the Workgroup. | 124758 |
| (C) Members of the Workgroup shall serve without | 124759 |
| compensation, except to the extent that serving on the Workgroup | 124760 |
| is considered part of their regular employment duties. | 124761 |
| (D) The Workgroup shall develop procedures for coordinating | 124762 |
| services that the entities represented on the Workgroup provide to | 124763 |
| individuals under age twenty-one and the families of those | 124764 |
| individuals. In developing the procedures, the Workgroup shall | 124765 |
| focus on maximizing resources, reducing unnecessary costs, | 124766 |
| removing barriers to effective and efficient service coordination, | 124767 |
| eliminating duplicate services, prioritizing high risk | 124768 |
| populations, and any other matters the Workgroup considers | 124769 |
| relevant to service coordination. Not later than July 31, 2009, | 124770 |
| the Workgroup shall submit a report to the Governor with | 124771 |
| recommendations for implementing the procedures. | 124772 |
| (E) On receipt of the Governor's approval of the Workgroup's | 124773 |
| report, the Director of Budget and Management may seek Controlling | 124774 |
| Board approval to transfer cash between funds and appropriations | 124775 |
| between appropriation items as necessary to implement the | 124776 |
| Workgroup's recommendations. The transferred cash is hereby | 124777 |
| appropriated. | 124778 |
| (F) The Workgroup shall cease to exist June 30, 2011. | 124779 |
| Section 751.30. PROMPT PAYMENT POLICY WORKGROUP | 124780 |
| (A) There is hereby created the Prompt Payment Policy | 124781 |
| Workgroup. The Workgroup shall consist of the following members: | 124782 |
| (1) One representative of the Office of Budget and | 124783 |
| Management, appointed by the Director of Budget and Management; | 124784 |
| (2) Three representatives of the Department of Insurance, | 124785 |
| appointed by the Superintendent of Insurance; | 124786 |
| (3) Four representatives of the Office of Ohio Health Plans | 124787 |
| in the Department of Job and Family Services, appointed by the | 124788 |
| Director of Job and Family Services; | 124789 |
| (4) Two representatives of Ohio's Medicaid managed care | 124790 |
| plans, appointed by the Executive Director of Ohio's Care | 124791 |
| Coordination Plans; | 124792 |
| (5) Two representatives from the community of provider | 124793 |
| associations, one appointed by the Speaker of the House of | 124794 |
| Representatives and one appointed by the President of the Senate; | 124795 |
| (6) Two members of the Ohio House of Representatives, one | 124796 |
| appointed by the Speaker of the House of Representatives and one | 124797 |
| appointed by the Minority Leader; | 124798 |
| (7) Two members of the Ohio Senate, one appointed by the | 124799 |
| President of the Senate and one appointed by the Minority Leader. | 124800 |
| (B) The Director of the Department of Job and Family | 124801 |
| Services, or the Director's designee, shall serve as chairperson | 124802 |
| of the Workgroup. | 124803 |
| (C) Members of the Workgroup shall serve without | 124804 |
| compensation, except to the extent that serving on the Workgroup | 124805 |
| is considered part of the members' regular employment duties. | 124806 |
| (D) The Workgroup shall do all of the following: | 124807 |
| (1) Recommend one set of regulations to govern prompt payment | 124808 |
| policies for Medicaid managed care plans; | 124809 |
| (2) Research and analyze prompt payment policies related to | 124810 |
| aged medical claims within the health insurance industry and the | 124811 |
| Medicaid program; | 124812 |
| (3) Review general payment rules, payment policies related to | 124813 |
| electronic and paper claims, definitions of clean and unclean | 124814 |
| claims, late payment penalties, auditing requirements, and any | 124815 |
| other issues related to Medicaid prompt payment policy identified | 124816 |
| by the Workgroup; | 124817 |
| (4) Review statistical data on the compliance rates of | 124818 |
| current policies. | 124819 |
| (E) Not later than February 1, 2010, the Workgroup shall | 124820 |
| submit a report to the Governor and the majority and minority | 124821 |
| leadership in both Houses of the Ohio General Assembly. The report | 124822 |
| shall contain prompt payment policy recommendations for Ohio's | 124823 |
| Medicaid program. | 124824 |
| (F) The Workgroup shall cease to exist February 28, 2010. | 124825 |
| Section 751.40. The Director of Natural Resources shall | 124826 |
| enter into a memorandum of understanding with Farmers and Hunters | 124827 |
| Feeding the Hungry. The memorandum shall prescribe a method by | 124828 |
| which, during the period from July 1, 2009, through June 30, 2011, | 124829 |
| Farmers and Hunters Feeding the Hungry may donate venison to | 124830 |
| Ohio's food banks. The memorandum also shall prescribe methods | 124831 |
| that encourage private persons to make matching donations in money | 124832 |
| or food to Ohio's food banks that are equal or greater in value to | 124833 |
| the venison that is donated by the Farmers and Hunters Feeding the | 124834 |
| Hungry. | 124835 |
| Section 753.10. (A) The Director of Natural Resources shall | 124836 |
| enter into a memorandum of understanding with the Southeastern | 124837 |
| Ohio Port Authority to develop the future use of the property that | 124838 |
| formerly comprised the Marietta State Nursery. The memorandum | 124839 |
| shall provide for all of the following: | 124840 |
| (1) Sale of the property for highest and best use; | 124841 |
| (2) Sale and usage of the property that is compatible with | 124842 |
| neighboring properties; | 124843 |
| (3) Maximum financial return for the Department of Natural | 124844 |
| Resources; | 124845 |
| (4) Expeditious sale of parcels of the property. | 124846 |
| (B) The memorandum shall require contracted professional | 124847 |
| engineering services to provide both of the following: | 124848 |
| (1) A phase 1 environmental site assessment; | 124849 |
| (2) A master plan for property development, including all of | 124850 |
| the following: | 124851 |
| (a) An inventory of site features and assets; | 124852 |
| (b) Collection of public input through a meeting and comment | 124853 |
| period; | 124854 |
| (c) Identification of site usage areas such as commercial, | 124855 |
| light industrial, residential, recreational use, or green space | 124856 |
| use; | 124857 |
| (d) Lot lines and parcel sizes in concept; | 124858 |
| (e) Means of ingress and egress from State Route 7 and | 124859 |
| interior site access that are delineated in concept, including | 124860 |
| possible eastern access to the site with a rough calculation of | 124861 |
| cut and fill required for the construction of roads; | 124862 |
| (f) Identification of utility services, locations, and | 124863 |
| capacities; | 124864 |
| (g) Plans for compliance with subdivision regulations; | 124865 |
| (h) Recommendations for possible deed restrictions; | 124866 |
| (i) An evaluation of permits that must be obtained and other | 124867 |
| regulatory requirements that must be satisfied for purposes of the | 124868 |
| development of the property; | 124869 |
| (j) Any necessary maps. | 124870 |
| (C) The memorandum shall require the Southeastern Ohio Port | 124871 |
| Authority to do all of the following: | 124872 |
| (1) Manage the formulation of the master plan; | 124873 |
| (2) Create a master plan brochure and sales brochures; | 124874 |
| (3) Market the property by mail, signage, and the web sites | 124875 |
| www.pioneerspirit.us and www.Ohiosites.com; | 124876 |
| (4) Respond to sales leads; | 124877 |
| (5) Screen inquiries regarding the property; | 124878 |
| (6) Negotiate sales based on pricing guidelines established | 124879 |
| by the Department of Natural Resources; | 124880 |
| (7) Present qualified purchase offers to the Department. | 124881 |
| (D) The memorandum shall specify that the Department of | 124882 |
| Natural Resources owns the property, that it may sell the property | 124883 |
| in lots to the Port Authority, and that the Port Authority then | 124884 |
| may sell the lots to individual private buyers. | 124885 |
| (E) The memorandum shall specify that the Department of | 124886 |
| Natural Resources is responsible for paying for the environmental, | 124887 |
| engineering, graphic design, signage, and printing costs as | 124888 |
| invoices for those costs are received. The Department and the Port | 124889 |
| Authority shall agree to a cap for each of those invoices. In | 124890 |
| addition, the memorandum shall specify that as parcels of the | 124891 |
| property are transferred to private buyers, the Port Authority | 124892 |
| retains five per cent of the sale price of each parcel as a fee | 124893 |
| for services provided by the Port Authority. | 124894 |
| Section 753.20. (A) The Governor is authorized to execute a | 124895 |
| Governor's Deed in the name of the state conveying to the Dayton | 124896 |
| Public School District/Dayton Board of Education, ("grantee"), and | 124897 |
| its successors and assigns, all of the state's right, title, and | 124898 |
| interest in the following described real estate: | 124899 |
| STATE OF OHIO TO BOARD OF EDUCATION 45.3599 Acres | 124900 |
| Situated in Section 26, Township 2, Range 7 of the Miami | 124901 |
| River Survey, the City of Dayton, the County of Montgomery, the | 124902 |
| State of Ohio, being a 2.2361 acre portion of a 15 acres 30 rods | 124903 |
| tract conveyed to the State of Ohio as recorded in Deed Book U-2, | 124904 |
| Page 40, and being a 22.5673 acre portion of a 24.36 acre tract of | 124905 |
| land conveyed to the Trustees of the Southern Ohio Lunatic Asylum | 124906 |
| as recorded in Deed Book N-3, Page 233, being an 4.6813 acre | 124907 |
| portion of a 21.25 acre tract of land conveyed to the State of | 124908 |
| Ohio as recorded in Deed Book 169, Page 583, and being an 8.6742 | 124909 |
| acre portion of a 33.5 acre tract as conveyed to the State of Ohio | 124910 |
| as recorded in Deed Book 169, Page 585, being an 7.2010 acre | 124911 |
| portion of a 10.544 acre tract of land as conveyed to the State of | 124912 |
| Ohio as recorded in Deed Book 138, Page 125 and being a portion of | 124913 |
| City of Dayton Lot Number 61376 and all of Lot Number 61377 of the | 124914 |
| revised and consecutive numbers of lots on the plat of the City of | 124915 |
| Dayton and more particularly bounded and described as follows: | 124916 |
| Beginning at a capped 5/8" Iron Pin found stamped "Woolpert" | 124917 |
| at the Southeast corner of a 2.881 acre tract being Parcel 2 of | 124918 |
| the Wilmington Woods Plat as recorded in Plat Book 134, Page 3A, | 124919 |
| said point also being the northeast corner of an 8.338 acre tract | 124920 |
| of land conveyed to the Barry K. Humphries as recorded in | 124921 |
| Microfiche 01-O590A04 and the TRUE POINT OF BEGINNING; | 124922 |
| Thence with the east line of said 2.881 acre tract being | 124923 |
| Parcel 2 and the West line of a 24.36 acre tract of land conveyed | 124924 |
| to the Trustees of the Southern Ohio Lunatic Asylum as recorded in | 124925 |
| Deed Book N-3, Page 233, North 00°32' 15" East a distance of | 124926 |
| 459.39 feet to a RR Spike set in the centerline of Wayne Avenue, | 124927 |
| passing a 5/8 inch iron pin set at the northeast corner of said | 124928 |
| 2.881 acre tract and the south right of way of Wayne Avenue at | 124929 |
| 429.39 feet; | 124930 |
| Thence with the centerline of Wayne Ave and the north lines | 124931 |
| of said 24.36 acre tract and said 21.25 acre tract, South | 124932 |
| 89º18'28" East a distance of 790.80 feet to a RR spike set at the | 124933 |
| northwest comer of a 1.056 acre tract of land conveyed to the City | 124934 |
| of Dayton as recorded in M.F. No. 90-424 EO9; | 124935 |
| Thence with the west line of said 1.056 acre tract and the | 124936 |
| east line of said 21.25 acre tract, South 01º17'05" West a | 124937 |
| distance of 230.89 feet to a 5/8 inch iron pin stamped "Riancho", | 124938 |
| passing a 5/8 inch iron set at the south right of way of Wayne | 124939 |
| Avenue at 30.00 feet; | 124940 |
| Thence with the south line of said 1.056 acre tract and the | 124941 |
| south line of a 1.056 acre tract of land conveyed to the City of | 124942 |
| Dayton as recorded in M.F. No. 78-725 B08, South 89º27' 55" East a | 124943 |
| distance of 400.00 feet to a found 5/8" iron pin and passing a 5/8 | 124944 |
| inch iron pin found stamped "Riancho" at 200.00 feet; | 124945 |
| Thence with the east line of said 1.056 acre tract and the | 124946 |
| west line of said 33.5 acre tract as conveyed to the State of Ohio | 124947 |
| as recorded in Deed Book 169 Page 585, North 1°17'05" East a | 124948 |
| distance of 229.79 feet to a RR spike set, passing a 5/8 inch iron | 124949 |
| pin set at the south right of way of Wayne Avenue at 199.79 feet; | 124950 |
| Thence with the centerline of Wayne Avenue and the north line | 124951 |
| of said 33.5 acre tract, South 89º18'28" East a distance of 270.78 | 124952 |
| feet to a RR spike set at the Intersection of the centerlines of | 124953 |
| Waterveliet Avenue and Wayne Avenue; | 124954 |
| Thence with the centerline of Waterveliet Avenue and with the | 124955 |
| northerly line of said 33.5 acre tract, South 55º21'16" East a | 124956 |
| distance of 231.10 feet to a RR spike set; | 124957 |
| Thence with the east line of said 33.5 acre tract and the | 124958 |
| west line of a 13.00 acre tract conveyed to the Board of Education | 124959 |
| of the Dayton City School District as recorded in Deed Book 1522, | 124960 |
| Page 341, South 00º48' 28" West a distance of 709.51 feet to a 5/8 | 124961 |
| inch iron pin set; | 124962 |
| Thence with a new division line, North 89º11'12" West, a | 124963 |
| distance of 468.08 feet to a 5/8 inch iron pin set, in the west | 124964 |
| line of said 33.5 acre tract and the east line of said 21.25 acre | 124965 |
| tract, to a 5/8 inch iron pin set; | 124966 |
| Thence with the west line of said 33.5 acre tract and the | 124967 |
| east line of said 21.25 acre tract, North 01°07'55" East a | 124968 |
| distance of 141.74 feet to a 5/8 inch iron pin set; | 124969 |
| Thence with a new division line, North 89°15'53" West, | 124970 |
| passing the west line of said 21.25 acre tract and the east line | 124971 |
| of said 24.36 acre tract conveyed to The Trustees of the Southern | 124972 |
| Ohio Lunatic Asylum as recorded in Deed Book N~3, Page 233 at a | 124973 |
| distance of 425.35 feet, for a total distance of 507.35 feet to a | 124974 |
| 5/8 inch iron pin set; | 124975 |
| Thence with a new division line South 01°07'00" West passing | 124976 |
| the south line of 24.36 acre tract conveyed to The Trustees of the | 124977 |
| Southern Ohio Lunatic Asylum as recorded in Deed Book N-3, Page | 124978 |
| 233 and the north line of said 10.544 acre tract at a distance of | 124979 |
| 627.92 feet, for a total distance of 1,013.05 feet to a 5/8 inch | 124980 |
| iron pin set in the south line of said 10.544 acre tract; | 124981 |
| Thence with the south line of said 10.544 acre tract and the | 124982 |
| north line a 20.3 acre tract conveyed to the State of Ohio | 124983 |
| Department of Public Works for the use of the Department of Public | 124984 |
| Welfare, Dayton State Hospital as recorded in Deed Book 1326, Page | 124985 |
| 247, North 88°52'07" West a distance of 808.89 feet to a 5/8 inch | 124986 |
| iron pin set in the east line of a 11.579 acre tract of land | 124987 |
| conveyed to the Hospice of Dayton as recorded in Microfiche | 124988 |
| 94-0448C08; | 124989 |
| Thence with the east line of said 11.579 acre tract of land, | 124990 |
| the east line of said 8.338 acre tract as conveyed to Barry K. | 124991 |
| Humphries as recorded in M.F. number 01-0590 A04, the west line of | 124992 |
| said 10.544 acre tract, and the west line of said 2.36 acre tract, | 124993 |
| North 03°24 '08" West a distance of 956.68 feet to a 5/8 inch iron | 124994 |
| pin set; | 124995 |
| Thence with an easterly line of said 8.338 acre tract, the | 124996 |
| westerly line of said 24.36 acre tract, and the north line of said | 124997 |
| 2.36 acre tract, North 49º49'38" East a distance of 275.99 feet to | 124998 |
| a capped 5/8 inch Iron Pin found stamped "LJB"; | 124999 |
| Thence with the east line of said 8.338 acre tract and the | 125000 |
| west line of a 24.36 acre tract, North 00°32'15" East a distance | 125001 |
| of 108.09 feet to a capped 5/8" Iron Pin stamped "Woolpert" and | 125002 |
| the TRUE POINT OF BEGINNING, containing 45.3599 acres more or | 125003 |
| less. Subject to all easements, agreements and right of ways of | 125004 |
| record. | 125005 |
| The basis of bearings for this description is the easterly | 125006 |
| line of Parcel 2, South 00°32'15 West, as recorded in the | 125007 |
| Wilmington Woods Plat as recorded in Plat Book 134, Page 3A; | 125008 |
| All iron pins set in the above boundary description are 5/8" | 125009 |
| (O.D.) 30" long with a plastic cap stamped "LJB" | 125010 |
| (B)(1) Consideration for conveyance of the real estate | 125011 |
| described in division (A) of this section is the transfer to the | 125012 |
| state at no cost of 8.9874 acres adjacent to the remaining Twin | 125013 |
| Valley Behavioral Healthcare/Dayton Campus, subject to the | 125014 |
| following conditions: | 125015 |
| (a) Within one hundred eighty days after conveyance of the | 125016 |
| real estate described in division (A) of this section, grantee at | 125017 |
| its own cost shall complete construction of a new western | 125018 |
| extension off of Mapleview Avenue to provide a new entrance | 125019 |
| roadway to the remaining Twin Valley Behavioral Healthcare/Dayton | 125020 |
| Campus and provide an easement to the state for full utilization | 125021 |
| of the roadway for the benefit of the remaining Twin Valley | 125022 |
| Behavioral Healthcare/Dayton Campus until the property described | 125023 |
| in division (B)(1) of this section is transferred to the state. | 125024 |
| (b) Within three hundred forty days after the occupancy of | 125025 |
| the New Belmont High School, grantee shall demolish and | 125026 |
| environmentally restore the 8.9874 acres being transferred to the | 125027 |
| state. | 125028 |
| (2) In lieu of the transfer of the 8.9874 acres, if the | 125029 |
| Director of Mental Health determines that the grantee has | 125030 |
| insufficiently performed its construction, demolition, and | 125031 |
| environmental restoration obligations specified in division (B)(1) | 125032 |
| of this section, the grantee, as consideration, shall pay a | 125033 |
| purchase price of $1,175,000.00 to the state, which is the | 125034 |
| appraised value of the 45.3599 acres described in division (A) of | 125035 |
| the section less the cost of demolition, site, and utility work. | 125036 |
| (C) The real estate described in division (A) of this section | 125037 |
| shall be conveyed as an entire tract and not in parcels. | 125038 |
| (D) Upon transfer of the 8.9874 acres to the state or payment | 125039 |
| of the purchase price, the Auditor of State, with the assistance | 125040 |
| of the Attorney General, shall prepare a deed to the real estate | 125041 |
| described in division (A) of this section. The deed shall state | 125042 |
| the consideration and shall be executed by the Governor in the | 125043 |
| name of the state, countersigned by the Secretary of State, sealed | 125044 |
| with the Great Seal of the State, presented in the Office of the | 125045 |
| Auditor of State for recording, and delivered to the grantee. The | 125046 |
| grantee shall present the deed for recording in the Office of the | 125047 |
| Montgomery County Recorder. | 125048 |
| (E) The grantee shall pay all costs associated with | 125049 |
| conveyance of the real estate described in division (A) of this | 125050 |
| section, including recordation costs of the deed. | 125051 |
| (F) If the payment of $1,175,000.00 is made in lieu of the | 125052 |
| transfer of the 8.9874 acres to the state, the proceeds of the | 125053 |
| conveyance of the real estate described in division (A) of this | 125054 |
| section shall be deposited into the state treasury to the credit | 125055 |
| of the Department of Mental Health Trust Fund created by section | 125056 |
| 5119.18 of the Revised Code and the easement described in division | 125057 |
| (B)(1)(a) of this section shall become a permanent easement. | 125058 |
| (G) The grantee shall not, during any period that any bonds | 125059 |
| issued by the state to finance or refinance all or a portion of | 125060 |
| the real estate described in division (A) of this section are | 125061 |
| outstanding, use any portion of the real estate for a private | 125062 |
| business use without the prior written consent of the state. | 125063 |
| As used in this division: | 125064 |
| "Private business use" means use, directly or indirectly, in | 125065 |
| a trade or business carried on by any private person other than | 125066 |
| use as a member of, and on the same basis as, the general public. | 125067 |
| Any activity carried on by a private person who is not a natural | 125068 |
| person shall be presumed to be a trade or business. | 125069 |
| "Private person" means any natural person or any artificial | 125070 |
| person, including a corporation, partnership, limited liability | 125071 |
| company, trust, or other entity and including the United States or | 125072 |
| any agency or instrumentality of the United States, but excluding | 125073 |
| any state, territory, or possession of the United States, the | 125074 |
| District of Columbia, or any political subdivision thereof that is | 125075 |
| referred to as a "State or local governmental unit" in Treasury | 125076 |
| Regulation § 1.103-1(a) and any person that is acting solely and | 125077 |
| directly as an officer or employee of or on behalf of any such | 125078 |
| governmental unit. | 125079 |
| (H) This section expires two years after its effective date. | 125080 |
| Section 757.10. (A) This section is intended as remedial | 125081 |
| legislation authorizing the exemption of airport property for | 125082 |
| which a port authority applied for tax exemption, but was denied | 125083 |
| because the applicant was a lessee and not the owner of the | 125084 |
| property, as required under section 5715.27 of the Revised Code as | 125085 |
| that section existed before its amendment by Sub. H.B. 160 of the | 125086 |
| 127th General Assembly. | 125087 |
| (B) As used in this section: | 125088 |
| (1) "Eligible year" means any year for which taxes, | 125089 |
| penalties, and interest could have been remitted or abated, and | 125090 |
| the property placed on the exempt tax list, under a previous | 125091 |
| application for exemption if the application had not been | 125092 |
| dismissed as provided under division (A) of this section. | 125093 |
| (2) "Qualified property" means real property owned by a | 125094 |
| subdivision of this state, leased to a port authority created | 125095 |
| under Chapter 4582. of the Revised Code, and used as an airport, | 125096 |
| and that currently qualifies for exemption from taxation under any | 125097 |
| section of the Revised Code, but for which the application for | 125098 |
| exemption for an eligible year was dismissed by the Tax | 125099 |
| Commissioner as provided in division (A) of this section. | 125100 |
| (3) "Subdivision," "taxing authority," and "taxing unit" have | 125101 |
| the same meanings as in section 5705.01 of the Revised Code. | 125102 |
| (C) Notwithstanding section 5713.081 of the Revised Code, if | 125103 |
| an application for exemption from and abatement or remission of | 125104 |
| property taxes for qualified property was dismissed because of | 125105 |
| failure to comply with Chapter 5713., or section 5715.27 of the | 125106 |
| Revised Code as that section existed before its amendment by Sub. | 125107 |
| H.B. 160 of the 127th General Assembly, the current owner of | 125108 |
| qualified property, on or before January 1, 2010, may file with | 125109 |
| the Tax Commissioner an application requesting that the property | 125110 |
| be placed on the exempt tax list and that all paid or unpaid | 125111 |
| taxes, penalties, and interest on the property be abated or | 125112 |
| remitted, as appropriate, for each eligible year. The application | 125113 |
| shall be filed on the form prescribed by the Commissioner under | 125114 |
| section 5715.27 of the Revised Code. The owner shall include with | 125115 |
| the application a copy of the Commissioner's final determination | 125116 |
| dismissing the previous application and the certificate issued by | 125117 |
| the county treasurer under division (F) of this section. Failure | 125118 |
| to include the Commissioner's final determination that dismissed | 125119 |
| the previous application for exemption or the treasurer's | 125120 |
| certificate shall result in dismissal of the application filed | 125121 |
| under this section. | 125122 |
| (D) Upon receiving an application under this section, the Tax | 125123 |
| Commissioner shall determine if the applicant and the applicant's | 125124 |
| property satisfy the requirements for exemption, abatement, and | 125125 |
| remission under this section. If the requirements are satisfied, | 125126 |
| the Commissioner shall issue an order directing the auditor to | 125127 |
| place the property on the exempt tax list of the county and | 125128 |
| ordering that all paid or unpaid taxes, penalties, and interest be | 125129 |
| abated or remitted for every eligible year the property was | 125130 |
| qualified property. If the Commissioner determines that the | 125131 |
| property does not satisfy the requirements for exemption for one | 125132 |
| or more years, the Commissioner shall deny the application for | 125133 |
| those years and certify the finding to the county treasurer of the | 125134 |
| county in which the property is located for collection of all | 125135 |
| taxes, penalties, and interest and distribution thereof to the | 125136 |
| appropriate subdivisions. Tax payments for eligible years shall | 125137 |
| not be considered unpaid taxes for purposes of establishing | 125138 |
| jurisdiction to consider an application under this section. | 125139 |
| (E) The county auditor shall notify the county treasurer that | 125140 |
| any tax payments for eligible years that have not been distributed | 125141 |
| shall be held in a special fund pending a decision by the Tax | 125142 |
| Commissioner on an application filed under this section. No | 125143 |
| subdivision or other taxing unit is entitled to advance payment of | 125144 |
| such amounts under section 321.34 of the Revised Code. After the | 125145 |
| Commissioner issues a decision, the county auditor shall either | 125146 |
| remit the taxes, penalties, and interest to the applicant if the | 125147 |
| application is approved or distribute the taxes, penalties, and | 125148 |
| interest to the proper taxing authorities if the application for | 125149 |
| exemption is denied. | 125150 |
| (F) Upon request by the applicant, the county treasurer shall | 125151 |
| determine whether all taxes, penalties, and interest that were | 125152 |
| levied for all tax years that are not eligible years and whether | 125153 |
| all special assessments charged against the property have been | 125154 |
| paid in full. If so, the treasurer shall issue a certificate to | 125155 |
| the applicant stating that all such amounts have been paid, or, if | 125156 |
| not, the certificate shall list the tax years for which such | 125157 |
| taxes, penalties, interest, and special assessments remain unpaid. | 125158 |
| Section 759.10. Notwithstanding division (B)(1) of section | 125159 |
| 5919.34 of the Revised Code, the number of participants in the | 125160 |
| Ohio National Guard Scholarship Program for the summer term | 125161 |
| occurring in the year 2009 shall be limited to the equivalent of | 125162 |
| one thousand full-time participants. | 125163 |
| Section 761.10. A wild, scenic, or recreational river area | 125164 |
| that was declared as such by the Director of Natural Resources | 125165 |
| under Chapter 1517. of the Revised Code prior to the effective | 125166 |
| date of this section shall retain its declaration as a wild, | 125167 |
| scenic, or recreational river area for purposes of sections | 125168 |
| 1547.81 to 1547.84 of the Revised Code, as amended by this act. | 125169 |
| In addition, an advisory council for a wild, scenic, or | 125170 |
| recreational river area that was appointed by the Director under | 125171 |
| Chapter 1517. of the Revised Code prior to the effective date of | 125172 |
| this section shall continue to be the advisory council for the | 125173 |
| applicable wild, scenic, or recreational river area for purposes | 125174 |
| of sections 1547.81 to 1547.84 of the Revised Code, as amended by | 125175 |
| this act. | 125176 |
| Section 803.10. Section 1751.14 of the Revised Code, as | 125177 |
| amended by this act, shall apply only to policies, contracts, | 125178 |
| and agreements that are delivered, issued for delivery, or | 125179 |
| renewed in this state on or after July 1, 2010; section 3923.24 | 125180 |
| of the Revised Code, as amended by this act, shall apply only to | 125181 |
| policies of sickness and accident insurance and plans of health | 125182 |
| coverage that are established or modified in this state on or | 125183 |
| after July 1, 2010; and section 3923.241, as enacted by this | 125184 |
| act, shall apply only to public employee health plans | 125185 |
| established or modified in this state on or after July 1, 2010. | 125186 |
| Section 803.12. Sections 1739.05, 1751.68, and 3923.84 of | 125187 |
| the Revised Code as amended or enacted by this act shall apply | 125188 |
| only to policies, contracts, agreements, or plans that are | 125189 |
| delivered, issued for delivery, or renewed in this state on or | 125190 |
| after six months after the effective date of this section. | 125191 |
| Section 803.20. Sections 718.04 and 5747.01 of the Revised | 125192 |
| Code, as amended by this act, first apply to taxable years | 125193 |
| beginning on or after January 1, 2010. | 125194 |
| Section 5747.113 of the Revised Code, as amended by this | 125195 |
| act, first applies to taxable years beginning on or after January | 125196 |
| 1, 2009. | 125197 |
| Section 803.30. In anticipation of the amendments to section | 125198 |
| 124.134 of the Revised Code taking effect on August 30, 2009, the | 125199 |
| Director of Administrative Services shall determine an additional, | 125200 |
| prorated amount of vacation leave for employees who are in their | 125201 |
| fourth, ninth, fourteenth, nineteenth, or twenty-fourth year of | 125202 |
| service to receive as a result of the transition occurring on that | 125203 |
| date. The additional, prorated amount shall be such that the | 125204 |
| affected employees are not harmed as a result of the transition, | 125205 |
| and shall be added to the vacation leave balances of the affected | 125206 |
| employees on August 30, 2009. | 125207 |
| Section 806.10. The items of law contained in this act, and | 125208 |
| their applications, are severable. If any item of law contained in | 125209 |
| this act, or if any application of any item of law contained in | 125210 |
| this act, is held invalid, the invalidity does not affect other | 125211 |
| items of law contained in this act and their applications that | 125212 |
| can be given effect without the invalid item of law or | 125213 |
| application. | 125214 |
| Section 809.10. An item of law, other than an amending, | 125215 |
| enacting, or repealing clause, that composes the whole or part of | 125216 |
| an uncodified section contained in this act has no effect after | 125217 |
| June 30, 2011, unless its context clearly indicates otherwise. | 125218 |
| Section 812.10. Except as otherwise provided in this act, | 125219 |
| the amendment, enactment, or repeal by this act of a section is | 125220 |
| subject to the referendum under Ohio Constitution, Article II, | 125221 |
| Section 1c and therefore takes effect on the ninety-first day | 125222 |
| after this act is filed with the Secretary of State or, if a later | 125223 |
| effective date is specified below, on that date. | 125224 |
| The amendments by this act to sections 3733.02 and 4781.06 | 125225 |
| of the Revised Code take effect January 1, 2010. | 125226 |
| The amendment, enactment, or repeal by this act of sections | 125227 |
| 4505.20, 4517.01, 4517.02, 4517.03, 4517.052, 4517.27, 4517.30, | 125228 |
| 4517.33, 4517.43, 4781.02, 4781.04, 4781.05, 4781.16, 4781.17, | 125229 |
| 4781.18, 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, 4781.24, | 125230 |
| 4781.25, and 4781.99 of the Revised Code takes effect July 1, | 125231 |
| 2010. | 125232 |
| The enactment of sections 122.12 and 122.121 of the Revised | 125233 |
| Code takes effect July 1, 2011. | 125234 |
| The amendment or enactment of sections 1739.05, 1751.14, | 125235 |
| 3923.24, 3923.241, 5743.15, 5743.61, and 5747.01 of the Revised | 125236 |
| Code takes effect January 1, 2010. | 125237 |
| The enactment of section 3903.77 of the Revised Code takes | 125238 |
| effect one year after the effective date specified in the first | 125239 |
| paragraph of this section. | 125240 |
| The enactment of section 4113.11 of the Revised Code takes | 125241 |
| effect January 1, 2011. | 125242 |
| Sections 803.10 and 803.20 of this act take effect January 1, | 125243 |
| 2010. | 125244 |
| Section 812.20. The amendment, enactment, or repeal by this | 125245 |
| act of the sections listed below is exempt from the referendum | 125246 |
| because it is or relates to an appropriation for current expenses | 125247 |
| within the meaning of Ohio Constitution, Article II, Section 1d | 125248 |
| and section 1.471 of the Revised Code, or defines a tax levy | 125249 |
| within the meaning of Ohio Constitution, Article II, Section 1d, | 125250 |
| and therefore takes effect immediately when this act becomes law | 125251 |
| or, if a later effective date is specified below, on that date. | 125252 |
| Sections 117.54, 121.40, 121.401, 121.402, 124.03, 124.15, | 125253 |
| 124.152, 124.18, 124.183, 124.34, 124.381, 124.382, 124.385, | 125254 |
| 124.386, 124.392, 124.821, 124.822, 124.86, 126.05, 131.33, | 125255 |
| 145.298, 307.79, 319.301, 319.302, 319.54, 321.24, 323.156, | 125256 |
| 504.21, 901.20, 901.91, 903.082, 903.11, 903.25, 905.32, 905.33, | 125257 |
| 905.331, 905.36, 905.38, 905.381, 905.50, 905.51, 905.52, 905.56, | 125258 |
| 905.66, 907.13, 907.14, 907.16, 907.30, 907.31, 921.02, 921.06, | 125259 |
| 921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 921.29, 923.44, | 125260 |
| 923.46, 927.51, 927.52, 927.53, 927.54, 927.56, 927.69, 927.70, | 125261 |
| 927.701, 927.71, 927.74, 943.16, 1501.01, 1501.05, 1501.07, | 125262 |
| 1501.30, 1504.01, 1504.02, 1504.03, 1504.04, 1506.01, 1507.01, | 125263 |
| 1511.01, 1511.02, 1511.021, 1511.022, 1511.03, 1511.04, 1511.05, | 125264 |
| 1511.06, 1511.07, 1511.071, 1511.08, 1514.08, 1514.13, 1515.08, | 125265 |
| 1515.14, 1515.183, 1519.03, 1520.02, 1520.03, 1521.02, 1521.03, | 125266 |
| 1521.031, 1521.04, 1521.061, 1521.062, 1521.064, 1521.07, | 125267 |
| 1521.10, 1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, | 125268 |
| 1521.18, 1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, | 125269 |
| 1523.06, 1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, | 125270 |
| 1523.13, 1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, | 125271 |
| 1523.20, 1541.03, 1707.37, 3301.073, 3301.0718, 3301.122, | 125272 |
| 3301.68, 3301.82, 3302.031, 3302.05, 3302.07, 3306.01, 3306.011, | 125273 |
| 3306.012, 3306.02, 3306.03, 3306.031, 3306.04, 3306.05, | 125274 |
| 3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 3306.091, | 125275 |
| 3306.10, 3306.11, 3306.12, 3306.13, 3306.14, 3306.15, 3306.16, | 125276 |
| 3306.17, 3306.18, 3306.19, 3306.191, 3306.192, 3306.21, 3306.22, | 125277 |
| 3306.25, 3306.29, 3306.291, 3306.292, 3306.30, 3306.31, 3306.32, | 125278 |
| 3306.321, 3306.33, 3306.34, 3306.35, 3306.40, 3306.50, 3306.51, | 125279 |
| 3306.52, 3306.53, 3306.54, 3306.55, 3306.56, 3306.57, 3307.31, | 125280 |
| 3307.64, 3309.41, 3309.48, 3309.51, 3310.08, 3310.09, 3310.41, | 125281 |
| 3311.0510, 3311.06, 3311.19, 3311.21, 3311.29, 3311.52, | 125282 |
| 3311.76, 3313.483, 3313.55, 3313.64, 3313.642, 3313.843, 3313.98, | 125283 |
| 3313.981, 3314.028, 3314.075, 3314.083, 3314.084, 3314.085, | 125284 |
| 3314.087, 3314.091, 3314.10, 3314.13, 3314.35, 3316.041, | 125285 |
| 3316.06, 3316.20, 3317.011, 3317.018, 3317.02, 3317.021, | 125286 |
| 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, | 125287 |
| 3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 3317.053, | 125288 |
| 3317.061, 3317.063, 3317.081, 3317.082, 3317.10, 3317.12, 3317.16, | 125289 |
| 3317.18, 3317.20, 3317.201, 3318.011, 3318.051, 3319.221, | 125290 |
| 3319.57, 3319.70, 3319.71, 3323.091, 3323.14, 3323.142, 3324.05, | 125291 |
| 3326.21, 3326.31, 3326.32, 3326.33, 3326.34, 3326.38, 3326.51, | 125292 |
| 3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122, 3333.27, | 125293 |
| 3333.28, 3333.61, 3333.62, 3333.66, 3333.73, 3333.83, 3333.91, | 125294 |
| 3349.242, 3353.20, 3365.01, 3704.14, 3704.143, 3705.24, 3706.04, | 125295 |
| 3706.35, 3712.03, 3714.073, 3718.03, 3733.43, 3745.015, 3748.01, | 125296 |
| 3748.04, 3748.07, 3748.12, 3748.13, 3901.3812, 3923.90, 3923.91, | 125297 |
| 4117.02, 4117.12, 4117.24, 4501.29, 4503.068, 4503.10, 4505.06, | 125298 |
| 5101.073, 5107.58, 5111.65, 5111.651, 5111.688, 5111.689, | 125299 |
| 5111.874, 5111.875, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44, | 125300 |
| 5112.45, 5112.451, 5112.46, 5112.47, 5112.48, 5123.0412, 5126.05, | 125301 |
| 5126.24, 5703.80, 5715.26, 5725.18, 5727.84, 5729.03, 5739.01, | 125302 |
| 5739.03, 5739.033, 5739.051, and 6111.044 of the Revised Code. | 125303 |
| The amendment by this act to section 124.134 of the Revised | 125304 |
| Code takes effect on August 30, 2009. | 125305 |
| The amendment, enactment, or repeal of sections 173.70, | 125306 |
| 173.71, 173.72, 173.721, 173.722, 173.723, 173.724, 173.73, | 125307 |
| 173.731, 173.732, 173.74, 173.741, 173.742, 173.75, 173.751, | 125308 |
| 173.752, 173.753, 173.76, 173.77, 173.771, 173.772, 173.773, | 125309 |
| 173.78, 173.79, 173.791, 173.80, 173.801, 173.802, 173.803, | 125310 |
| 173.81, 173.811, 173.812, 173.813, 173.814, 173.815, 173.82, | 125311 |
| 173.83, 173.831, 173.832, 173.833, 173.84, 173.85, 173.86, | 125312 |
| 173.861, 173.87, 173.871, 173.872, 173.873, 173.874, 173.875, | 125313 |
| 173.876, 173.88, 173.89, 173.891, 173.892, 173.90, 173.91, 173.99, | 125314 |
| 3721.02, 3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.53, | 125315 |
| 3721.55, 3721.56, 4301.43, 5111.222, 5111.231, 5111.24, 5111.25, | 125316 |
| 5112.30, 5112.31, 5112.37, 5112.371, and 5112.372 of the Revised | 125317 |
| Code takes effect July 1, 2009. | 125318 |
| The repeal of sections 5112.40, 5112.41, 5112.42, 5112.43, | 125319 |
| 5112.44, 5112.45, 5112.451, 5112.46, 5112.47, and 5112.48 of the | 125320 |
| Revised Code takes effect October 1, 2011. | 125321 |
| Sections of this act prefixed with section numbers in the | 125322 |
| 200's, 300's, 400's, 500's, 700's, and 800's, except for Sections | 125323 |
| 207.10.90, 241.20, 265.60.60, 265.70.20, 309.40.20, 309.50.30, | 125324 |
| 313.20, 371.60.20, 371.70.20, 385.30, 399.20, 512.40, 523.10, | 125325 |
| 701,20, 701.70, and 751.10 of this act. | 125326 |
| The amendment of Section 301.10.50 of H.B. 496 of the 127th | 125327 |
| General Assembly. | 125328 |
| The amendment of Section 153 of Am. Sub. H.B. 117 of the | 125329 |
| 121st General Assembly. | 125330 |
| Sections 309.30.20, 309.30.30, 309.30.40, 309.30.50, | 125331 |
| 309.30.60, and 309.30.70 of this act take effect July 1, 2009. | 125332 |
| Section 812.30. The sections that are listed in the | 125333 |
| left-hand column of the following table combine amendments by this | 125334 |
| act that are and that are not exempt from the referendum under | 125335 |
| Ohio Constitution, Article II, Sections 1c and 1d and section | 125336 |
| 1.471 of the Revised Code. | 125337 |
| The middle column identifies the amendments to the listed | 125338 |
| sections that are subject to the referendum under Ohio | 125339 |
| Constitution, Article II, Section 1c and therefore take effect on | 125340 |
| the ninety-first day after this act is filed with the Secretary of | 125341 |
| State or, if a later effective date is specified, on that date. | 125342 |
| The right-hand column identifies the amendments to the listed | 125343 |
| sections that are exempt from the referendum because they are or | 125344 |
| relate to an appropriation for current expenses within the meaning | 125345 |
| of Ohio Constitution, Article II, Section 1d and section 1.471 of | 125346 |
| the Revised Code, or define a tax levy within the meaning of Ohio | 125347 |
| Constitution, Article II, Section 1d, and therefore take effect | 125348 |
| immediately when this act becomes law or, if a later effective | 125349 |
| date is specified, on that date. | 125350 |
| Section of law | Amendments subject to referendum | Amendments exempt from referendum | 125351 | |||
| 121.04 | All amendments except those described in the right-hand column | The amendment striking "Water;" the amendment replacing "conservation" with "resources"; and the amendment striking "Real estate and land management;" | 125352 | |||
| 1521.05 | All amendments except those described in the right-hand column | The amendments to division (B) | 125353 | |||
| 1521.06 | All amendments except those described in the right-hand column | The amendments to division (A) | 125354 | |||
| 1521.063 | All amendments except those described in the right-hand column | The amendments to divisions (A) and (A)(1) replacing "division of water" with "division of soil and water resources" | 125355 | |||
| 3301.07 | The amendment that strikes through original division (N) | All amendments except the amendment described in the middle column | 125356 | |||
| 3313.6410 | Division (A) | Division (B) | 125357 | |||
| 3314.03 | All amendments except the amendments to divisions (A)(8), (A)(11)(g), (A)(15), and (A)(23) | Amendments to divisions (A)(8), (A)(11)(g), (A)(15), and (A)(23) | 125358 | |||
| 3314.08 | The amendments to division |
All amendments except those described in the middle column | 125359 | |||
| 3315.37 | All amendments except the amendment described in the right-hand column | The amendment to the fourth paragraph that strikes through "3333.27," | 125360 | |||
| 3317.01 | Division (B) | All amendments except those in division (B) | 125361 | |||
| 3333.38 | All amendments except the amendment described in the right-hand column | The amendment to division (A)(2) that strikes through "3333.27," | 125362 | |||
| 3345.32 | All amendments except the amendment described in the right-hand column | The amendment to division (D) that strikes through "3333.27," | 125363 | |||
| 3734.57 | The amendment to division (A) authorizing electronic payment of solid waste disposal fees | All other amendments to division (A) | 125364 | |||
| 4117.01 | All amendments except those described in the right-hand column | The amendment to division (C)(5), the amendment striking the language from division (C)(15), and the amendments adjusting the division numbering in divisions (C)(16) and (17) | 125365 | |||
| 5751.20 | All amendments except those described in the right-hand column | The amendments to divisions (A)(2), (A)(3), and (B), effective July 1, 2009 | 125366 |
| Section 812.40. The amendments by this act to sections | 125367 |
| 127.16 and 2921.13 of the Revised Code are subject to the | 125368 |
| referendum and take effect as follows: | 125369 |
| (A) In the case of section 127.16 of the Revised Code, the | 125370 |
| amendment to division (D)(34) of the section takes effect on the | 125371 |
| ninety-first day after this act is filed with the Secretary of | 125372 |
| State, and the amendment to divisions (D)(35) and (36) of the | 125373 |
| section takes effect on July 1, 2009. | 125374 |
| (B) In the case of section 2921.13 of the Revised Code, the | 125375 |
| amendments take effect July 1, 2009. | 125376 |
| Section 812.50. The amendment by this act of section 4511.81 | 125377 |
| of the Revised Code takes effect at the earliest time permitted | 125378 |
| by law that is on or after the date on which the section, as it | 125379 |
| results from Am. Sub. H.B. 320 of the 127th General Assembly, | 125380 |
| takes effect. | 125381 |
| Section 815.10. The General Assembly, applying the principle | 125382 |
| stated in division (B) of section 1.52 of the Revised Code that | 125383 |
| amendments are to be harmonized if reasonably capable of | 125384 |
| simultaneous operation, finds that the following sections, | 125385 |
| presented in this act as composites of the sections as amended by | 125386 |
| the acts indicated, are the resulting versions of the sections in | 125387 |
| effect prior to the effective date of the sections as presented in | 125388 |
| this act: | 125389 |
| Section 9.314 of the Revised Code as amended by Am. Sub. | 125390 |
| H.B. 106 and Sub. H.B. 204, both of the 125th General Assembly. | 125391 |
| Section 109.572 of the Revised Code as amended by Sub. H.B. | 125392 |
| 195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General | 125393 |
| Assembly. | 125394 |
| Section 109.77 of the Revised Code as amended by Am. Sub. | 125395 |
| H.B. 490, Sub. H.B. 545, and H.B. 675, all of the 124th General | 125396 |
| Assembly. | 125397 |
| Section 121.37 of the Revised Code as amended by both Sub. | 125398 |
| H.B. 289 and Am. Sub. H.B. 530 of the 126th General Assembly. | 125399 |
| Section 122.075 of the Revised Code as amended by Sub. H.B. | 125400 |
| 245 and Sub. H.B. 251, both of the 126th General Assembly. | 125401 |
| Section 149.43 of the Revised Code as amended by Am. Sub. | 125402 |
| H.B. 214 and Am. Sub. S.B. 248, both of the 127th General | 125403 |
| Assembly. | 125404 |
| Section 1511.01 of the Revised Code as amended by Am. Sub. | 125405 |
| S.B. 73 and Am. Sub. S.B. 182, both of the 120th General Assembly. | 125406 |
| Section 1520.02 of the Revised Code as amended by Sub. H.B. | 125407 |
| 443 and Am. Sub. H.B. 699, both of the 126th General Assembly. | 125408 |
| Section 1547.99 of the Revised Code as amended by Am. Sub. | 125409 |
| S.B. 17 and Am. Sub. S.B. 271, both of the 127th General | 125410 |
| Assembly. | 125411 |
| Section 2913.46 of the Revised Code as amended by Am. Sub. | 125412 |
| S.B. 107, Am. Sub. S.B. 269, and Am. Sub. S.B. 293, all of the | 125413 |
| 121st General Assembly. | 125414 |
| Section 3313.614 of the Revised Code as amended by Am. Sub. | 125415 |
| H.B. 276 and Am. Sub. S.B. 311, both of the 126th General | 125416 |
| Assembly. | 125417 |
| Section 3313.64 of the Revised Code as amended by Am. Sub. | 125418 |
| H.B. 119 and Am. Sub. H.B. 214, both of the 127th General | 125419 |
| Assembly. | 125420 |
| Section 3319.291 of the Revised Code as amended by Sub. H.B. | 125421 |
| 428 and Am. Sub. H.B. 562, both of the 127th General Assembly. | 125422 |
| Section 3733.02 of the Revised Code as amended by Am. Sub. | 125423 |
| H.B. 368 and Sub. S.B. 102, both of the 125th General Assembly. | 125424 |
| Section 4169.02 of the Revised Code as amended by Sub. H.B. | 125425 |
| 535 and Am. Sub. S.B. 293, both of the 121st General Assembly. | 125426 |
| Section 4169.04 of the Revised Code as amended by Am. Sub. | 125427 |
| H.B. 535 and Am. Sub. S.B. 293, both of the 121st General | 125428 |
| Assembly. | 125429 |
| Section 4301.355 of the Revised Code as amended by Am. Sub. | 125430 |
| H.B. 562 and Sub. S.B. 150, both of the 127th General Assembly. | 125431 |
| Section 4303.182 of the Revised Code as amended by Am. Sub. | 125432 |
| H.B. 562 and Sub. S.B. 150, both of the 127th General Assembly. | 125433 |
| Section 4507.03 of the Revised Code as amended by Sub. S.B. | 125434 |
| 96 of the 120th General Assembly and Sub. H.B. 9 of the 127th | 125435 |
| General Assembly. | 125436 |
| Section 4763.05 of the Revised Code as amended by Am. Sub. | 125437 |
| H.B. 699 and Am. Sub. S.B. 223, both of the 126th General | 125438 |
| Assembly. | 125439 |
| Section 4767.08 of the Revised Code as amended by Am. Sub. | 125440 |
| H.B. 138 and Sub. H.B. 531, both of the 123rd General Assembly. | 125441 |